Endangered and Threatened Wildlife and Plants; 44 Marine and Anadromous Taxa: Adding 10 Taxa, Delisting 1 Taxon, Reclassifying 1 Taxon, and Updating 32 Taxa on the List of Endangered and Threatened Wildlife

AGENCY:

Fish and Wildlife Service, Interior.

ACTION:

Final rule.

SUMMARY:

We, the U.S. Fish and Wildlife Service (Service), are amending the List of Endangered and Threatened Wildlife (List) by adding 10 marine taxa, delisting 1 marine taxon, reclassifying 1 marine taxon, and revising 32 marine taxa in accordance with the Endangered Species Act of 1973, as amended (Act). 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 April 13, 2011. For applicability date by individual taxon, see table 1 in SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT:

Michael Franz, 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 and anadromous 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 endangered or threatened. NMFS makes these determinations via its formal rulemaking process. We, the Service, are then responsible for publishing final rules to amend the List in the Code of Federal Regulations (CFR) at 50 CFR 17.11(h).

Under section 4(a)(2)(A) of the Act, if NMFS determines that a species should be listed as endangered or threatened, or that a species' status should be changed from threatened to endangered, then NMFS is required to inform the Service of the status change. The Service is then responsible for implementing the status change by publishing a final rule to amend the List 50 CFR 17.11(h). 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. 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 50 CFR 17.11(h).

As described below and set forth at table 1, NMFS has published rules regarding each of the species mentioned in this rule. Section 4(a)(2)(A) applies to all of the rules except that for the Caribbean monk seal; with respect to those rules, by publishing this final rule, we are simply taking the necessary administrative step to codify these changes in the CFR. Section 4(a)(2)(B) applies to the NMFS's recommendation to delist the Caribbean monk seal; we have concurred with NMFS's recommendation, and this rule implements that action.

Listings

We are adding the following ten species to the List based on NMFS final rules:

• Coho salmon, Lower Columbia River evolutionarily significant unit (ESU), as threatened (70 FR 37160; June 28, 2005);
• Steelhead, Puget Sound distinct population segment (DPS), as threatened (72 FR 26722; May 11, 2007);
• Coho salmon, Oregon Coast ESU, as threatened with critical habitat (73 FR 7816; February 11, 2008);
• Beluga whale, Cook Inlet DPS, as endangered (73 FR 62919; October 22, 2008);
• Black abalone as endangered (74 FR 1937; January 14, 2009);
• Bocaccio, Puget Sound/Georgia Basin DPS, as endangered (75 FR 22276; April 28, 2010);
• Canary rockfish, Puget Sound/Georgia Basin DPS, as threatened (75 FR 22276; April 28, 2010);
• Pacific eulachon, Southern DPS, as threatened (75 FR 13012; March 18, 2010); and
• Yelloweyerockfish, Puget Sound/Georgia Basin DPS, as threatened (75 FR 22276; April 28, 2010);
• Spotted seal, southern DPS, as threatened (75 FR 65239), with a 4(d) rule.

Please note:

The Oregon Coast coho salmon ESU was listed on August 10, 1998, as threatened (63 FR 42587), but in 2001, the U.S. District Court in Eugene, Oregon, set aside that listing (AlseaValleyAlliance v. Evans, 161 F. Supp. 2d 1154, (D. Or. 2001)). On February 11, 2008, NMFS listed the Oregon Coast coho salmon ESU as threatened, issued protective regulations under section 4(d) of the Act (known as a 4(d) rule), and designated critical habitat (73 FR 7816). As a result of another court challenge (Douglas County v. Balsiger (Civ. No. 08-01547; D. Or. 2008), NMFS reached a settlement with the litigants and agreed to conduct another status review of the ESU. After conducting the additional status review, NMFS proposed to affirm the status for this ESU by promulgating a rule to supersede its February 11, 2008, listing determination (75 FR 29489; May 26, 2010).

Delisting

We are delisting the following species based on a NMFS final rule:

• Caribbean monk seal (73 FR 63901; October 28, 2008).

Reclassification

We are reclassifying the following species based on a NMFS final rule:

• Coho salmon, Central California Coast ESU, from threatened to endangered (70 FR 37160; June 28, 2005).

Revisions

We are updating 32 entries on the List based on NMFS final rules and to make these entries easier for the public to identify as follows:

• “Common Name” (adding ESU subtitles) and “Vertebrate population where endangered or threatened” updates for 14 salmon ESUs—Chinook (California coastal, Central Valley spring-run, Lower Columbia River, Puget Sound, Sacramento River winter-run, Snake River fall-run, Snake River spring/summer, Upper Columbia River spring-run (as discussed below), and Upper Willamette), chum (Columbia River, Hood Canal summer-run), coho (Central California Coast, Southern Oregon-Northern California Coast), and sockeye (Ozette Lake, Snake River)(70 FR 37160; June 28, 2005).
• Common Name” (adding DPS subtitles) and “Vertebrate population where endangered or threatened” updates for 10 steelhead DPSs—California Central Valley, Central California Coast, Lower Columbia River, Middle Columbia River, Northern California, Snake River Basin, South-Central California Coast, Southern California, Upper Columbia River, and Upper Willamette River (71 FR 833; January 5, 2006).
• A status correction from threatened to endangered for the Upper Columbia River spring-run Chinook ESU (64 FR 14308, March 24, 1999; and 70 FR 37160, June 28, 2005) (This is the second change described to the entry for this species; the first is listed above with the updates to the 14 salmon ESUs.).
• A new common name (Salmon, Atlantic, Gulf of Maine DPS) for the endangered Salmosalar, which is jointly listed as a DPS by NMFS and the Service, to make it clearer to the public and a critical habitat entry (74 FR 29344, June 19, 2009; and 74 FR 29300, June 19, 2009).
• A right whale taxonomic revision of March 6, 2008 (73 FR 12024), which is consistent with the technical revision of 68 FR 17560 (April 10, 2003). We formally accept the technical revisions of 68 FR 17560 as of this publication and revise the North Pacific right whale to add the critical habitat entry of April 8, 2008 (73 FR 19000).
• A critical habitat entry for the Southern Resident DPS of killer whale (71 FR 69054; November 29, 2006), United States DPS of the smalltooth sawfish (74 FR 45353; September 2, 2009), elkhorn coral and staghorn coral (74 FR 72209; November 26, 2008), and Southern DPS of the North American green sturgeon (74 FR 52299; October 9, 2009).
• A 4(d) rule entry for Puget Sound steelhead (73 FR 55451; September 25, 2008), elkhorn and staghorn corals (73 FR 64264; October 29, 2008), and the Southern DPS of green sturgeon (75 FR 30714; June 2, 2010).

The previous NMFS Federal Register publications to propose and finalize listings for these species are in table 1. In all cases, within the published final rule, NMFS addressed the public comments received.

Administrative Procedure Act

Because NMFS provided a public comment period on each of the proposed rules for these taxa, 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 upon publication. The NMFS rules extended protection under the Act to these species and listed them in 50 CFR parts 223 and 224 or designated critical habitat under 50 CFR part 226; this rule is an administrative action to add the species to or update their status on the List in 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).

Paperwork Reduction Act

We have examined this regulation under the Paperwork Reduction Act of 1995 and found it to contain no information collection requirements. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number.

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 Code of Federal Regulations, as set forth below:

PART 17—[AMENDED]

1. The authority citation for part 17 continues to read as follows:

Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

2. Amend § 17.11(h) by:

a. Removing the entry under MAMMALS for “Seal, Caribbean monk”;

b. Revising the entries under MAMMALS for “Whale, killer” and “Whale, North Pacific right”; under FISHES for

• “Salmon, Atlantic (Gulf of Maine DPS)”,
• “Salmon, Chinook (California Coastal ESU)”,
• “Salmon, Chinook (Central Valley spring-run ESU)”,
• “Salmon, Chinook (Lower Columbia River ESU)”,
• “Salmon, Chinook (Puget Sound ESU)”,
• “Salmon, Chinook (Sacramento River winter-run ESU)”,
• “Salmon, Chinook (Snake River fall-run ESU)”,
• “Salmon, Chinook (Snake River spring/summer-run ESU)”,
• “Salmon, Chinook (Upper Columbia spring-run ESU)”,
• “Salmon Chinook (Upper Willamette River ESU)”,
• “Salmon, chum (Columbia River ESU)”,
• “Salmon, chum (Hood Canal summer-run ESU)”,
• “Salmon, coho (Central California Coast ESU)”,
• “Salmon, coho (Southern Oregon-northern California Coast ESU)”,
• “Salmon, sockeye (Ozette Lake ESU)”,
• “Salmon, sockeye (Snake River ESU)”,
• “Sawfish, smalltooth (United States DPS)”,
• “Steelhead (California Central Valley DPS)”,
• “Steelhead (Central California Coast DPS)”,
• “Steelhead (Lower Columbia River DPS)”,
• “Steelhead (Middle Columbia River DPS)”,
• “Steelhead (Northern California DPS)”,
• “Steelhead (Snake River Basin DPS)”,
• “Steelhead (South Central California Coast DPS)”,
• “Steelhead (Southern California DPS)”,
• “Steelhead (Upper Columbia River DPS)”,
• “Steelhead (Upper Willamette River DPS)”, and
• “Sturgeon, North American green (Southern DPS); and under CORALS for “Coral, elkhorn” and “Coral, staghorn”; and

c. Adding entries in alphabetic order under MAMMALS for “Seal, spotted (Southern DPS)”, “Whale, beluga (Cook Inlet DPS)”; under FISHES for

• “Bocaccio (Puget Sound/Georgia Basin DPS)”,
• “Eulachon, Pacific (Southern DPS)”,
• “Rockfish, canary (Puget Sound/Georgia Basin DPS)”,
• “Rockfish, yelloweye (Puget Sound/Georgia Basin DPS)”,
• “Salmon, coho (Lower Columbia River ESU)”,
• “Salmon, coho (Oregon Coast ESU)”, and
• “Steelhead (Puget Sound DPS)”;

and under SNAILSfor “Abalone, black” to read as set forth below: