Rule2024-17435
Endangered and Threatened Wildlife and Plants; List of Endangered and Threatened Wildlife: Updating Entries for Five Coral Species and Adding Three Nonessential Experimental Populations of Chinook Salmon
Primary source
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Published
August 12, 2024
Effective
August 12, 2024
Issuing agencies
Interior DepartmentFish and Wildlife Service
Abstract
We, the U.S. Fish and Wildlife Service (FWS), in accordance with the Endangered Species Act of 1973 (Act), as amended, are amending the List of Endangered and Threatened Wildlife (List) by updating the entries for five species of threatened Caribbean corals (Orbicella annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox) to reflect the designation of critical habitat for these species. We are also amending the List by adding three nonessential experimental populations of Chinook salmon (Oncorhynchus tshawytscha): Upper Yuba River Central Valley spring-run, McCloud and Upper Sacramento Rivers Sacramento River winter-run, and Central Valley spring-run. 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 89 Issue 155 (Monday, August 12, 2024)</title>
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[Federal Register Volume 89, Number 155 (Monday, August 12, 2024)]
[Rules and Regulations]
[Pages 65552-65554]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17435]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2023-0219; FXES1111090FEDR-245-FF09E21000]
RIN 1018-BH93
Endangered and Threatened Wildlife and Plants; List of Endangered
and Threatened Wildlife: Updating Entries for Five Coral Species and
Adding Three Nonessential Experimental Populations of Chinook Salmon
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service (FWS), in accordance
with the Endangered Species Act of 1973 (Act), as amended, are amending
the List of Endangered and Threatened Wildlife (List) by updating the
entries for five species of threatened Caribbean corals (Orbicella
annularis, O. faveolata, O. franksi, Dendrogyra cylindrus, and
Mycetophyllia ferox) to reflect the designation of critical habitat for
these species. We are also amending the List by adding three
nonessential experimental populations of Chinook salmon (Oncorhynchus
tshawytscha): Upper Yuba River Central Valley spring-run, McCloud and
Upper Sacramento Rivers Sacramento River winter-run, and Central Valley
spring-run. 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 August 12, 2024.
Applicability dates: The NMFS rulemaking actions were effective as
follows:
<bullet> The Caribbean corals critical habitat designations were
effective September 8, 2023.
<bullet> The designation of the Upper Yuba River Central Valley
spring-run Chinook salmon nonessential experimental population was
effective January 27, 2023.
<bullet> The designation of the McCloud and Upper Sacramento Rivers
Sacramento River winter-run and Central Valley spring-run Chinook
salmon nonessential experimental populations were effective September
27, 2023.
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; 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.
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 and anadromous taxa specified in this
rule. Under section 4(a)(1) of the Act, NMFS must decide whether a
species under its jurisdiction should be classified as endangered or
threatened. Under section 4(a)(3)(A) of the Act, NMFS must designate
critical habitat for listed species under its jurisdiction to the
maximum extent prudent and determinable. Section 10(j) of the Act
allows the Secretary of Commerce to authorize the release of any
population of a listed species outside its current range if the release
``will further the conservation'' of that species. An experimental
population is a population that is geographically separate from
nonexperimental populations of the same species. Before authorizing the
release of an experimental population, section 10(j)(2)(B) of the Act
requires that the Secretary must by regulation identify the population
and determine, on the basis of the best available information, whether
or not the population is essential to the continued existence of the
listed species. NMFS makes these determinations via its rulemaking
process; then FWS is 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).
Caribbean Corals--Critical Habitat Designations
We are updating the entries on the List for Orbicella annularis, O.
faveolata, O. franksi, Dendrogyra cylindrus, and Mycetophyllia ferox to
reflect the designation of critical habitat for these five species of
Caribbean corals. On November 27, 2020, NMFS published a proposed rule
(85 FR 76302) to designate critical habitat for these five coral
species and solicited public comments on the proposed rule during a 60-
day comment period, ending on January 26, 2021. NMFS addressed all
public comments received in response to the proposed rule, and on
August 9, 2023, published a final rule (88 FR 54026) designating
critical habitat for these five coral species. These critical habitat
designations were effective September 8, 2023. 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).
Chinook Salmon--Nonessential Experimental Populations
We are also adding entries on the List for the Upper Yuba River
Central Valley spring-run Chinook salmon (Oncorhynchus tshawytscha)
nonessential experimental population (NEP), the McCloud and Upper
Sacramento Rivers Sacramento River winter-run Chinook salmon (O.
tshawytscha) NEP, and the Central Valley spring-run Chinook salmon (O.
tshawytscha) NEP (also referred to as Central Valley spring-run ESU-XN
Yuba, Sacramento River winter-run ESU-XN Shasta, and Central Valley
spring-run ESU-XN Shasta, respectively). On December 11, 2020, NMFS
published a proposed rule (85 FR 79980) for the designation of an NEP
of Central Valley spring-run Chinook salmon in the Upper Yuba River.
NMFS solicited public comments on the proposed rule during a 30-day
comment period ending January 11, 2021. The comment period was extended
for an additional 60 days ending on March 12, 2021 (86 FR 2372; January
12, 2021). NMFS addressed all public comments received in response to
the proposed rule, and on December 28, 2022,
[[Page 65553]]
published a final rule (87 FR 79808) designating the population as an
NEP. The designation was effective January 27, 2023.
On May 12, 2023, NMFS published a proposed rule (88 FR 30690) to
designate the McCloud and Upper Sacramento Rivers Sacramento River
winter-run and Central Valley spring-run Chinook salmon populations as
NEPs. NMFS solicited public comments on the proposed rule during a 30-
day comment period ending June 12, 2023. NMFS addressed all public
comments received in response to the proposed rule and on August 28,
2023, published a final rule (88 FR 58511) designating the population
as an NEP. The designation was effective September 27, 2023.
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 public comment periods on the proposed rules
for these taxa, and because this action of FWS is to amend the List in
accordance with the determination by NMFS under section (4)(a)(2) of
the Act, FWS 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 amended 50 CFR parts 223 and 226 to designate nonessential
experimental populations and establish special rules for these
populations, and to designate critical habitat for the five coral
species. This rule is an administrative action to update 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 (EA), as
defined under the authority of the National Environmental Policy Act of
1969 (NEPA), 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).
In compliance with all provisions of NEPA, NMFS analyzed the impact
on the human environment and considered a reasonable range of
alternatives for the final rules to designate these three nonessential
experimental populations of Chinook salmon. Draft EAs were made
available for comments with the publication of the proposed rules, and
NMFS responded to those comments in their final rules (87 FR 79808,
December 28, 2022; and 88 FR 58511, August 28, 2023). Additionally,
NMFS prepared a final EA and finding of no significant impact on each
NEP designation of Chinook salmon and made these documents available
for public inspection.
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, in paragraph (h), amend the List of Endangered and
Threatened Wildlife by:
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a. Under FISHES, adding in alphabetical order entries for ``Salmon,
Chinook [Central Valley spring-run ESU-XN Shasta]'', ``Salmon, Chinook
[Central Valley spring-run ESU-XN Yuba]'', and ``Salmon, Chinook
[Sacramento River winter-run ESU-XN Shasta]''.
0
b. Under CORALS, revising the entries for ``Coral, boulder star'',
``Coral, lobed star'', ``Coral, mountainous star'', ``Coral, pillar'',
and ``Coral, rough cactus''.
The additions and revisions 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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* * * * * * *
Fishes
* * * * * * *
Salmon, Chinook [Central Valley Oncorhynchus Central Valley XN.................. 88 FR 58511, 8/28/
spring-run ESU-XN Shasta]. tshawytscha. spring-run ESU-XN 2023; \N\ 89 FR
Shasta--see 50 [Insert Federal
CFR 223.102. Register page
where the
document
begins], 8/12/
2024; 50 CFR
223.301.\10j\
Salmon, Chinook [Central Valley Oncorhynchus Central Valley XN.................. 87 FR 79808, 12/
spring-run ESU-XN Yuba]. tshawytscha. spring-run ESU-XN 28/2022; \N\ 89
Yuba--see 50 CFR FR [insert
223.102. Federal Register
page where the
document
begins], 8/12/
2024; 50 CFR
223.301.\10j\
* * * * * * *
Salmon, Chinook [Sacramento Oncorhynchus Sacramento winter- XN.................. 88 FR 58511, 8/28/
River winter-run ESU-XN tshawytscha. run ESU-XN 2023; \N\ 89 FR
Shasta]. Shasta--see 50 [insert Federal
CFR 223.102. Register page
where the
document
begins], 8/12/
2024; 50 CFR
223.301.\10j\
[[Page 65554]]
* * * * * * *
Corals
* * * * * * *
Coral, boulder star............ Orbicella franksi. Wherever found.... T................... 79 FR 53852, 9/10/
2014; \N\ 79 FR
67356, 11/13/
2014; 50 CFR
226.230.\CH\
* * * * * * *
Coral, lobed star.............. Orbicella Wherever found.... T................... 79 FR 53852, 9/10/
annularis. 2014; \N\ 79 FR
67356, 11/13/
2014; 50 CFR
226.230.\CH\
Coral, mountainous star........ Orbicella Wherever found.... T................... 79 FR 53852, 9/10/
faveolata. 2014; \N\ 79 FR
67356, 11/13/
2014; 50 CFR
226.230.\CH\
Coral, pillar.................. Dendrogyra Wherever found.... T................... 79 FR 53852, 9/10/
cylindrus. 2014; \N\ 79 FR
67356, 11/13/
2014; 50 CFR
226.230.\CH\
Coral, rough cactus............ Mycetophyllia Wherever found.... T................... 79 FR 53852, 9/10/
ferox. 2014; \N\ 79 FR
67356, 11/13/
2014; 50 CFR
226.230.\CH\
* * * * * * *
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* * * * *
Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2024-17435 Filed 8-9-24; 8:45 am]
BILLING CODE 4333-15-P
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</html>Indexed from Federal Register on August 12, 2024.
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