Proposed Rule2023-15397
Endangered and Threatened Wildlife and Plants; Listing the Atlantic Humpback Dolphin as an Endangered Species Under the Endangered Species Act; Correction; Comment Period Reopening
Primary source
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Published
July 20, 2023
Effective
April 7, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS, published a proposed rule on April 7, 2023 to list the Atlantic humpback dolphin (Sousa teuszii) under the Endangered Species Act (ESA) in response to a petition from the Animal Welfare Institute, the Center for Biological Diversity, and VIVA Vaquita to list the species. Following publication of this proposed rule, NMFS became aware of cartographic guidance bulletin 38, issued by the Department of State's Office of the Geographer and Global Issues on December 16, 2020, and determined that the preamble to our proposed rule was not in alignment with the guidance. This correction removes all references to the name "Western Sahara" from the proposed rule's preamble and identifies Morocco as a country within the species' range, per the guidance. Additionally, this correction includes changes to the "International Regulatory Mechanisms" subsection of the proposed rule resulting from the inclusion of Morocco as a range country for the Atlantic humpback dolphin (S. teuszii). We are also reopening the public comment period for the proposed rule.
Full Text
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<title>Federal Register, Volume 88 Issue 138 (Thursday, July 20, 2023)</title>
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[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Proposed Rules]
[Pages 46727-46730]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15397]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 230713-0166; RTID 0648-XR118]
Endangered and Threatened Wildlife and Plants; Listing the
Atlantic Humpback Dolphin as an Endangered Species Under the Endangered
Species Act; Correction; Comment Period Reopening
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; correction; reopening of comment period.
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SUMMARY: We, NMFS, published a proposed rule on April 7, 2023 to list
the Atlantic humpback dolphin (Sousa teuszii) under the Endangered
Species Act (ESA) in response to a petition from the Animal Welfare
Institute, the Center for Biological Diversity, and VIVA Vaquita to
list the species. Following publication of this proposed rule, NMFS
became aware of cartographic guidance bulletin 38, issued by the
Department of State's Office of the Geographer and Global Issues on
December 16, 2020, and determined that the preamble to our proposed
rule was not in alignment with the guidance. This correction removes
all references to the name ``Western Sahara'' from the proposed rule's
preamble and identifies Morocco as a country within the species' range,
per the guidance. Additionally, this correction includes changes to the
``International Regulatory Mechanisms'' subsection of the proposed rule
resulting from the inclusion of Morocco as a range country for the
Atlantic humpback dolphin (S. teuszii). We are also reopening the
public comment period for the proposed rule.
DATES: The comment period for the proposed rule published on April 7,
2023 (88 FR 20829) is reopened. The comment period is reopened from
July 20, 2023 to September 18, 2023. Comments must be received by
September 18, 2023. Comments received after this date may not be
accepted.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0110, by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2021-0110 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
NMFS will consider all public comments that were previously
submitted in response to the proposed rule as it was originally
published on April 7, 2023 when drafting the final rule. Although there
is no need to resubmit prior comments, commenters may submit new
comments during the reopened comment period.
The petition, status review report, Federal Register notices, and
the list of references can be accessed electronically online at:
<a href="https://www.fisheries.noaa.gov/species/atlantic-humpback-dolphin#conservation-management">https://www.fisheries.noaa.gov/species/atlantic-humpback-dolphin#conservation-management</a>. The peer review report is available
online at: <a href="https://www.noaa.gov/information-technology/endangered-species-act-status-review-report-atlantic-humpback-dolphin-sousa-teuszii-id447">https://www.noaa.gov/information-technology/endangered-species-act-status-review-report-atlantic-humpback-dolphin-sousa-teuszii-id447</a>.
FOR FURTHER INFORMATION CONTACT: Heather Austin, NMFS Office of
Protected Resources, <a href="/cdn-cgi/l/email-protection#064e6367726e637428477375726f68466869676728616970"><span class="__cf_email__" data-cfemail="e8a08d899c808d9ac6a99d9b9c8186a886878989c68f879e">[email protected]</span></a>, 301-427-8422.
SUPPLEMENTARY INFORMATION: As described above, our notice of proposed
rulemaking published on April 7, 2023 (88 FR 20829), FR Doc 2023-07286,
contained inadvertent errors that need to be corrected to align with
cartographic guidance bulletin 38. We identify these errors below by
reference to the page in the April 7, 2023 Federal Register where the
errors occurred. This document provides corrected text for each of
those errors.
Further, in accordance with 50 CFR 424.16(c)(2), NMFS finds that
bringing the preamble to our proposed rule to list the Atlantic
humpback dolphin into alignment with the guidance bulletin presents
good cause for reopening the public comment period. Reopening the
public comment period will allow the Kingdom of Morocco, as well as any
other interested person, an opportunity to provide comments on this
proposal.
Corrections
1. On page 20831, in the second column, in the first paragraph of
the ``Range, Distribution, and Habitat Use'' subsection, NMFS
inadvertently referred to ``Western Sahara'' within the following
sentence describing the range of the species.
``The Atlantic humpback dolphin is considered an obligate shallow
water dolphin that is endemic to the tropical and subtropical eastern
Atlantic nearshore waters (<30 m) of the west coast of Africa, ranging
discontinuously for approximately 7,000 km from Dakhla Bay (Rio de Oro)
in Western Sahara (23[deg]52' N, 15[deg]47' W) to T[ocirc]mbwa (Namibe
Province) in Angola (15[deg]46' S, 11[deg]46' E) (International Whaling
Commission 2011; Collins 2015; Weir and Collins 2015; International
Whaling Commission 2017; International Whaling Commission 2020b; Austin
2023).''
Thus, in proposed rule FR Doc. 2023-07286 on page 20831 in the
Federal Register issue of April 7, 2023, the following correction is
made to align with cartographic guidance bulletin 38. The text
``Western Sahara'' in the aforementioned sentence is corrected to read
``Morocco'' to identify Morocco as the northernmost country within the
species range. Corrected text follows:
``The Atlantic humpback dolphin is considered an obligate shallow
water dolphin that is endemic to the tropical and subtropical eastern
Atlantic nearshore waters (<30 m) of the west coast of Africa, ranging
discontinuously for approximately 7,000 km from Dakhla Bay (Rio de Oro)
in Morocco (23[deg]52' N, 15[deg]47' W) to T[ocirc]mbwa (Namibe
Province) in Angola (15[deg]46' S, 11[deg]46' E) (International Whaling
Commission 2011; Collins 2015; Weir and Collins 2015; International
Whaling Commission 2017; International Whaling Commission 2020b; Austin
2023).''
2. On page 20831, in the third column, the second full sentence in
the second paragraph of the ``Range, Distribution, and Habitat Use''
[[Page 46728]]
subsection, NMFS inadvertently referred to ``Western Sahara'' within
the following paragraph discussing the range and distribution of the
species.
``This species is the only member of the genus that occurs outside
of the Indo-Pacific region (Mendez et al. 2013; Jefferson and Rosenbaum
2014; Collins 2015). Although each of the 19 countries between (and
including) Western Sahara and Angola are presumed to be part of the
species' natural range, the current distribution is uncertain due to
incomplete research coverage, including an absence of survey effort in
many areas.''
Thus, in proposed rule FR Doc 2023-07286 at 88 FR 20829 on page
20831 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38. The
aforementioned paragraph is corrected to identify Morocco as a country
within the species range. Corrected text follows:
``This species is the only member of the genus that occurs outside
of the Indo-Pacific region (Mendez et al. 2013; Jefferson and Rosenbaum
2014; Collins 2015). Although each of the 19 countries between (and
including) Morocco and Angola are presumed to be part of the species'
natural range, the current distribution is uncertain due to incomplete
research coverage, including an absence of survey effort in many
areas.''
3. On page 20831, in the third column, the third full sentence in
the second paragraph of the ``Range, Distribution, and Habitat Use''
subsection, NMFS inadvertently referred to ``Western Sahara'' within
the following sentence discussing confirmed records of occurrence of
the species.
``Currently, there are confirmed records of occurrence (confirmed
via sightings, strandings, and bycatch data) in the following 13
countries: Western Sahara, Mauritania, Senegal, The Gambia, Guinea-
Bissau, Guinea, Togo, Benin, Nigeria, Cameroon, Gabon, Republic of the
Congo, and Angola (Ayissi et al. 2014; Weir and Collins 2015; Van
Waerebeek et al. 2017; CCAHD 2020; Bamy et al. 2021, Austin 2023).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20831 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38. The
aforementioned sentence is corrected to identify Morocco as a country
with confirmed records of occurrence of the species. Corrected text
follows:
``Currently, there are confirmed records of occurrence (confirmed
via sightings, strandings, and bycatch data) in the following 13
countries: Morocco, Mauritania, Senegal, The Gambia, Guinea-Bissau,
Guinea, Togo, Benin, Nigeria, Cameroon, Gabon, Republic of the Congo,
and Angola (Ayissi et al. 2014; Weir and Collins 2015; Van Waerebeek et
al. 2017; CCAHD 2020; Bamy et al. 2021, Austin 2023).''
4. On page 20833, in the second column, in the final paragraph of
the ``Social Behavior'' subsection, NMFS inadvertently referred to
``Western Sahara'' within the following sentence discussing locations
of observations of mixed-species associations between Atlantic humpback
dolphins and bottlenose dolphins (Tursiops truncatus).
``Mixed-species associations between Atlantic humpback dolphins and
bottlenose dolphins (Tursiops truncatus) have been observed in Western
Sahara, Mauritania, Senegal, Guinea-Bissau, Gabon, the Republic of the
Congo, and Angola (Weir 2009; Weir 2011; Leeney et al. 2016).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20833 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38. The
aforementioned sentence is corrected to identify Morocco as a country
where observations of mixed-species associations between Atlantic
humpback dolphins and bottlenose dolphins have occurred. Corrected text
follows:
``Mixed-species associations between Atlantic humpback dolphins and
bottlenose dolphins (Tursiops truncatus) have been observed in Morocco,
Mauritania, Senegal, Guinea-Bissau, Gabon, the Republic of the Congo,
and Angola (Weir 2009; Weir 2011; Leeney et al. 2016).''
5. On page 20833, in the second column, in the second paragraph of
the ``Population Abundance and Trends'' subsection, NMFS inadvertently
referred to ``Western Sahara'' within the following sentence discussing
the range of the species.
``Atlantic humpback dolphin populations at the northern (Dakhla
Bay, Western Sahara) and southern (Namibe, Angola) extremes of the
range appear to be very small (Weir 2009; Collins 2015; Austin 2023).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20833 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38. The
aforementioned sentence is corrected to identify Morocco as the
northernmost country within the species range. Corrected text follows:
``Atlantic humpback dolphin populations at the northern (Dakhla
Bay, Morocco) and southern (Namibe, Angola) extremes of the range
appear to be very small (Weir 2009; Collins 2015; Austin 2023).''
6. On page 20835, in the third column, in the first paragraph of
the ``Spatial Structure and Connectivity'' subsection, NMFS
inadvertently referred to ``Western Sahara'' within the following
sentence discussing the distribution and range of the species.
``The Atlantic humpback dolphin has a restricted range and
fragmented distribution, being a shallow water dolphin endemic to
(sub)tropical nearshore waters along the Atlantic coast of Africa,
ranging discontinuously for approximately 7,000 km from Western Sahara
in the north to Angola in the south (Collins 2015; Weir and Collins
2015; Collins et al. 2017).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20835 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38. The
aforementioned sentence is corrected to identify Morocco as the
northernmost country within the species range. Corrected text follows:
``The Atlantic humpback dolphin has a restricted range and
fragmented distribution, being a shallow water dolphin endemic to
(sub)tropical nearshore waters along the Atlantic coast of Africa,
ranging discontinuously for approximately 7,000 km from Morocco in the
north to Angola in the south (Collins 2015; Weir and Collins 2015;
Collins et al. 2017).''
7. On page 20836, in the third column, the second full sentence in
the second paragraph of the ``The Present or Threatened Destruction,
Modification, or Curtailment of Its Habitat or Range'' subsection, NMFS
inadvertently referred to ``Western Sahara'' within the following
sentence discussing the range of the species.
``Additionally, the species has a restricted geographic range,
being endemic to the tropical and subtropical nearshore waters along
the Atlantic African coast from Western Sahara in the north to the
southern region of Angola (Van Waerebeek et al. 2004; Collins 2015;
Weir and Collins 2015).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 beginning
on page 20836 in the Federal Register issue of April 7, 2023, the
following correction is made to align with cartographic
[[Page 46729]]
guidance bulletin 38. The aforementioned sentence is corrected to
identify Morocco as the northernmost country within the species range.
Corrected text follows:
``Additionally, the species has a restricted geographic range,
being endemic to the tropical and subtropical nearshore waters along
the Atlantic African coast from Morocco in the north to the southern
region of Angola (Van Waerebeek et al. 2004; Collins 2015; Weir and
Collins 2015).''
8. On page 20840, in the second column, in the first paragraph of
the ``International Regulatory Mechanisms'' subsection, NMFS
inadvertently included ``Western Sahara'' within the following
paragraph discussing parties to the Convention on the Conservation of
Migratory Species of Wild Animals (CMS or Bonn Convention).
``The Convention on the Conservation of Migratory Species of Wild
Animals (CMS or Bonn Convention) is an environmental treaty of the
United Nations that aims to conserve migratory species, their habitats,
and their migration routes. CMS establishes obligations for each state
joining the convention, promotes collaboration among range states, and
provides the legal foundation for coordinating international
conservation measures throughout a migratory range. Early recognition
of the vulnerability of the Sousa species was indicated by their
inclusion on the CMS Appendix II in 1991 (Weir et al. 2021) and on
Appendix I in 2009, thereby obligating parties to work regionally to
promote their conservation. Parties include all countries that are in
the Atlantic humpback dolphin's range except for Sierra Leone and
Western Sahara (Austin 2023).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20840 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38. The
text ``Western Sahara'' in the aforementioned paragraph is deleted.
Corrected text follows:
``The Convention on the Conservation of Migratory Species of Wild
Animals (CMS or Bonn Convention) is an environmental treaty of the
United Nations that aims to conserve migratory species, their habitats,
and their migration routes. CMS establishes obligations for each state
joining the convention, promotes collaboration among range states, and
provides the legal foundation for coordinating international
conservation measures throughout a migratory range. Early recognition
of the vulnerability of the Sousa species was indicated by their
inclusion on the CMS Appendix II in 1991 (Weir et al. 2021) and on
Appendix I in 2009, thereby obligating parties to work regionally to
promote their conservation. Parties include all countries that are in
the Atlantic humpback dolphin's range except for Sierra Leone (Austin
2023).''
9. On page 20840, in the second column, in the first paragraph of
the ``International Regulatory Mechanisms'' subsection, NMFS
inadvertently included ``Western Sahara'' in its calculation of the
number of parties to CMS within the following sentence.
``However, while 17 out of the 19 range countries of S. teuszii are
parties to CMS, conservation of the Atlantic humpback dolphin is often
not a high priority for governments of range countries, despite the
efforts of the CMS's National Focal Points to promote the issue.''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20840 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38.
Morocco is now included as a range country for the species and in the
calculation of how many countries along the west coast of Africa are a
party to CMS. With Western Sahara removed from this calculation, the
number of range countries that are parties to CMS increases from 17 to
18. Corrected text follows:
``However, while 18 out of the 19 range countries of S. teuszii are
parties to CMS, conservation of the Atlantic humpback dolphin is often
not a high priority for governments of range countries, despite the
efforts of the CMS's National Focal Points to promote the issue.''
10. On page 20841, in the first column, in the last paragraph, NMFS
inadvertently included ``Western Sahara'' in its calculation of the
number of parties to the Convention on Wetlands within the following
paragraph.
``The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is
an intergovernmental treaty, which provides the framework for national
action and international cooperation for the conservation and wise use
of wetlands and their resources. As of October 2021, there are 172
parties, which includes 18 out of 19 range countries of S. teuszii and
2,347 designated sites (Austin 2023).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20841 in the Federal Register issue of April 7, 2023, the following
corrections are made to align with cartographic guidance bulletin 38.
Morocco is now included as a range country for the species and in the
calculation of how many countries along the west coast of Africa are a
party to the Convention on Wetlands, making all 19 of the species range
countries a party to this Convention in the following paragraph.
Corrected text follows:
``The Convention on Wetlands, signed in Ramsar, Iran, in 1971, is
an intergovernmental treaty, which provides the framework for national
action and international cooperation for the conservation and wise use
of wetlands and their resources. As of October 2021, there are 172
parties, which includes all 19 range countries of S. teuszii and 2,347
designated sites (Austin 2023).''
11. On page 20841, in the second column, in the first paragraph of
the ``Regional Regulatory Mechanisms'' subsection, NMFS did not include
Morocco as range country for the species within the list of countries
that have ratified the Abidjan Convention. Additionally, Morocco was
not included in the subsequent calculation of how many countries along
the west coast of Africa have ratified the Abidjan Convention in the
following sentence.
``The contracting parties that have ratified the Abidjan Convention
are: Benin, Cameroon, Republic of the Congo, C[ocirc]te d'Ivoire,
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mauritania,
Nigeria, Senegal, Sierra Leone, South Africa and Togo, which includes
15 out of the 19 range countries of S. teuszii (Austin 2023)''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20841 in the Federal Register issue of April 7, 2023, the following
correction is made to align with cartographic guidance bulletin 38.
Morocco is now included as a range country for the species and as a
contracting party that has ratified the Abidjan Convention.
Accordingly, Morocco is included in the subsequent calculation of how
many countries along the west coast of Africa have ratified the Abidjan
Convention, increasing the number from 15 to 16. Corrected text
follows:
``The contracting parties that have ratified the Abidjan Convention
are: Benin, Cameroon, Republic of the Congo, C[ocirc]te d'Ivoire,
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mauritania,
Morocco, Nigeria, Senegal, Sierra Leone, South Africa and Togo, which
includes 16 out of the 19 range countries of S. teuszii (Austin
2023)''.
12. On page 20841, in the second column, in the first paragraph of
the ``Regional Regulatory Mechanisms'' subsection, NMFS inadvertently
referred to ``Western Sahara''.
[[Page 46730]]
``The remaining 4 range countries including Angola, Democratic
Republic of the Congo, and Equatorial Guinea are located in the Abidjan
Convention area but have not yet ratified the convention; and Western
Sahara is not a signatory of the Abidjan Convention (Austin 2023).''
Thus, in proposed rule FR Doc. 2023-07286 at 88 FR 20829 on page
20841 in the Federal Register issue of April 7, 2023, the following
corrections are made to align with cartographic guidance bulletin 38.
Morocco is now included as a range country for the species and
identified as a contracting party that has ratified the Abidjan
Convention. This results in 3 range countries (Angola, Democratic
Republic of the Congo, and Equatorial Guinea) that are located in the
Abidjan Convention area but have not yet ratified the Convention.
Corrected text follows:
``The remaining 3 range countries including Angola, Democratic
Republic of the Congo, and Equatorial Guinea are located in the Abidjan
Convention area but have not yet ratified the Convention (Austin
2023)''.
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
Dated: July 17, 2023.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2023-15397 Filed 7-19-23; 8:45 am]
BILLING CODE 3510-22-P
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