[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14299-14300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 110223163-1180-01]
RIN 0648-XA231


Listing Endangered and Threatened Species: Correction To Codify 
in the Code of Federal Regulations Endangered Status for Southern 
Resident Killer Whales

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

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SUMMARY: We, NMFS, announce a correcting amendment to the Code of 
Federal Regulations to identify the Southern Resident killer whale 
(Orcinus orca) distinct population segment (DPS) as an endangered 
species under the Endangered Species Act of 1973 (ESA).

DATES: Effective March 16, 2011.

FOR FURTHER INFORMATION CONTACT: For further information regarding this 
correcting amendment contact Steve Stone, NMFS, Northwest Region, 503-
231-2317; or Marta Nammack, NMFS, Office of Protected Resources, 301-
713-1401.

SUPPLEMENTARY INFORMATION:

Background and Correcting Amendment

    We listed the Southern Resident killer whale DPS as an endangered 
species under the ESA on November 18, 2005 (70 FR 69903). That final 
rule became effective on February 16, 2006, and the species was 
included in the enumeration of endangered species at 50 CFR 224.101(b). 
In separate and unrelated rulemaking, we published a final rule on 
March 6, 2008 (73 FR 12024), to list the North Pacific right whale 
(Eubalaena. japonica) and North Atlantic right whale (E. glacialis) as 
separate endangered species under the ESA. In that more recent rule the 
Southern Resident killer whale DPS was inadvertently dropped from the 
enumeration of endangered species at 50 CFR 224.101(b). This correcting 
amendment remedies that oversight.

Classification

    The Assistant Administrator (AA) finds good cause under 5 U.S.C. 
553(b)(B) to waive prior notice and opportunity for public comment 
because it is impracticable, unnecessary, and contrary to the public 
interest. We fully intended the Southern Resident killer whale DPS to 
be listed as an endangered species under the ESA and expressly stated 
this intent in the November 2005 final rule (70 FR 69903; November 18, 
2005). We also previously provided public notice in the Federal 
Register and considered public comments on the 2004 proposed rule (69 
FR 76673; December 22, 2004). Further, this DPS was correctly included 
in the October 2006 and 2007 issues of the CFR. However, due to a 
clerical error in unrelated rulemaking on March 6, 2008 (73 FR 12024), 
the DPS was omitted from the list of endangered species published at 50 
CFR 224.101 in the October 2008 and subsequent issues of the CFR. In 
order to avoid regulatory confusion and ensure continuous protections 
and enforcement capability for the Southern Resident killer whale, the 
AA waives the requirement for prior notice and opportunity for public 
comment.
    For the same reasons above, the AA finds good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in effectiveness and makes this 
rule effective immediately upon publication.
    Because notice and opportunity for comment are not required 
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are 
inapplicable. Therefore, a regulatory flexibility analysis is not 
required and has not been prepared.
    It has been determined that this rule is not significant for 
purposes of Executive Order 12866.

References

    Copies of previous Federal Register notices and related reference 
materials are available on the Internet at http://www.nwr.noaa.gov, or 
upon request (see FOR FURTHER INFORMATION CONTACT section above).

List of Subjects in 50 CFR Part 224

    Endangered marine and anadromous species.

    Dated: March 10, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set forth in the preamble, 50 CFR part 224 is 
corrected by making the following correcting amendment:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for part 224 continues to read as follows:


[[Page 14300]]


    Authority:  16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.

Sec.  224.101  [Amended]

0
2. In Sec.  224.101, paragraph (b), add ``Killer whale (Orcinus orca), 
Southern Resident distinct population segment, which consists of whales 
from J, K and L pods, wherever they are found in the wild, and not 
including Southern Resident killer whales placed in captivity prior to 
listing or their captive born progeny'' following ``Indus River dolphin 
(Platanista minor);''.

[FR Doc. 2011-6137 Filed 3-15-11; 8:45 am]
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