[Federal Register Volume 88, Number 181 (Wednesday, September 20, 2023)]
[Rules and Regulations]
[Pages 64824-64831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20291]



[[Page 64824]]

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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2023-0027; FXES1113090FEDR-234-FF09E22000]
RIN 1018-BA54


Endangered and Threatened Wildlife and Plants; Technical 
Corrections for Eight Species of Endangered and Threatened Fish and 
Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Direct final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), correct the 
information provided in the ``Where listed'' column of the List of 
Endangered and Threatened Wildlife (List) for eight species listed as 
endangered species under the Endangered Species Act of 1973, as amended 
(Act). Errors introduced into the List may be interpreted as indicating 
that only some populations of these species are listed. We are 
correcting the List to clarify that protections apply to these species 
wherever found.

DATES: This rule is effective December 19, 2023 without further action, 
unless significant adverse comment is received by October 20, 2023. If 
significant adverse comment is received, we will publish a timely 
withdrawal of the applicable portions of this rule in the Federal 
Register.

ADDRESSES: You may submit comments by one of the following methods:
    <bullet> Electronically: Go to the Federal eRulemaking Portal: 
https://www.regulations.gov. In the Search box, enter FWS-HQ-ES-2023-
0027, which is the docket number for this rulemaking. Then, click the 
Search button. In the Search panel on the left side of the screen, 
under the Document Type heading, click on the box next to Rule to 
locate this document. You may submit a comment by clicking on 
``Comment.''
    <bullet> By hard copy: Submit by U.S. mail or hand-delivery to: 
Public Comments Processing, Attn: FWS-HQ-ES-2023-0027, U.S. Fish and 
Wildlife Service, MS: PRB (JAO/3W); 5275 Leesburg Pike, Falls Church, 
VA 22041-3803.
    See Public Comments under SUPPLEMENTARY INFORMATION for more 
information about submitting comments.

FOR FURTHER INFORMATION CONTACT: Elizabeth Maclin, Chief, Division of 
Restoration and Recovery, U.S. Fish and Wildlife Service, Ecological 
Services, MS:ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; 
telephone 703-358-2646. 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. For information on a particular 
species, contact the appropriate person listed in table 1 under 
SUPPLEMENTARY INFORMATION, below.

SUPPLEMENTARY INFORMATION: 

Purpose of Direct Final Rule and Next Steps

    The purpose of this direct final rule is to revise the List to 
reflect the correct geographical scope of the listing of eight 
endangered wildlife species under section 4 of the Act (16 U.S.C. 1531 
et seq.). The List is set forth in title 50 of the Code of Federal 
Regulations (CFR) at Sec.  17.11(h) (50 CFR 17.11(h)). Table 1 shows 
the species for which we are correcting the information provided in the 
``Where listed'' column of the List, as well as the name, telephone 
number, and U.S. mail address of the person to contact for additional 
information on a particular species.

                         Table 1--Species With Corrected Entries and Contact Information
----------------------------------------------------------------------------------------------------------------
                                                                                          Contact person's U.S.
             Common name                   Scientific name       Contact person, phone         mail address
----------------------------------------------------------------------------------------------------------------
Margay...............................  Leopardus (=Felis)       Rachel London, Branch    U.S. Fish and Wildlife
                                        wiedii.                  Chief, 703-358-2491.     Service, 5275 Leesburg
                                                                                          Pike, Falls Church, VA
                                                                                          22041.
Condor, California...................  Gymnogyps californianus  Ashleigh Blackford,      Pacific Southwest
                                                                 California Condor        Regional Office, 2800
                                                                 Coordinator, 916-414-    Cottage Way,
                                                                 6464.                    Sacramento, CA 95825.
Kite, Everglade snail................  Rostrhamus sociabilis    Victoria Garcia, 772-    Vero Beach Fish and
                                        plumbeus.                562-3909.                Wildlife Office, 1339
                                                                                          20th Street, Vero
                                                                                          Beach, FL 32960-3559.
Parrot, thick-billed.................  Rhynchopsitta            Heather Whitlaw, Field   Arizona Ecological
                                        pachyrhyncha.            Supervisor, 602-242-     Services Office, 9828
                                                                 0210.                    North 31st Avenue,
                                                                                          #C3, Phoenix, AZ 85051-
                                                                                          2517.
Rail, light-footed Ridgway's.........  Rallus obsoletus         Lauren Kershek and       Carlsbad Fish and
                                        levipes.                 Sandra Hamilton, 760-    Wildlife Office, 2177
                                                                 431-9440.                Salk Avenue, Suite
                                                                                          250, Carlsbad, CA
                                                                                          92008.
Rail, Yuma Ridgway's.................  Rallus obsoletus         Heather Whitlaw, Field   Arizona Ecological
                                        yumanensis.              Supervisor, 602-242-     Services Office, 9828
                                                                 0210.                    North 31st Avenue,
                                                                                          #C3, Phoenix, AZ 85051-
                                                                                          2517.
Topminnow, Gila......................  Poeciliopsis             Heather Whitlaw, Field   Arizona Ecological
                                        occidentalis.            Supervisor, 602-242-     Services Office, 9828
                                                                 0210.                    North 31st Avenue,
                                                                                          #C3, Phoenix, AZ 85051-
                                                                                          2517.
Skipper, Carson wandering............  Pseudocopaeodes eunus    Lara Enders, 775-861-    Reno Fish and Wildlife
                                        obscurus.                6300.                    Office, 1340 Financial
                                                                                          Boulevard, Suite 234,
                                                                                          Reno, NV 89502-7147.
----------------------------------------------------------------------------------------------------------------

    We are publishing this rule without a prior proposal because this 
is a noncontroversial action that, in the best interest of the public, 
should be undertaken as quickly as possible. This rule will be 
effective, as published in this document, on the effective date 
specified above in DATES, unless we receive significant adverse 
comments on or before the comment due date specified above in DATES. 
Significant adverse comments are comments that provide strong 
justification as to why our rule should not be adopted or why it should 
be changed.
    If we receive significant adverse comments, we will publish a 
document in the Federal Register withdrawing this rule for the species 
in question before the effective date, and we will

[[Page 64825]]

determine whether to engage in the normal rulemaking process to 
promulgate changes to 50 CFR 17.11(h) for that species.

Public Comments

    You may submit your comments and materials regarding this direct 
final rule by one of the methods listed in ADDRESSES. Please include 
sufficient information with your comments that allows us to verify any 
scientific or commercial information you include. We will not consider 
comments sent by email or fax, or to an address not listed in 
ADDRESSES. We will not consider hand-delivered comments that we do not 
receive, or mailed comments that are not postmarked, by the date 
specified in DATES.
    We will post all comments on https://www.regulations.gov. This 
generally means that we will post any personal information you provide 
us. Before including your address, phone number, email address, or 
other personal information in your comment, you should be aware that 
your entire comment--including your personal identifying information--
may be made publicly available at any time. While you can ask us in 
your comment to withhold your personal identifying information from 
public review, we cannot guarantee that we will be able to do so.
    Comments and materials we receive, as well as supporting 
documentation we use in preparing this direct final rule, will be 
available for public inspection on the internet at https://www.regulations.gov or by appointment, during normal business hours at 
the U.S. Fish and Wildlife Service. Please note that comments posted to 
https://www.regulations.gov are not immediately viewable. When you 
submit a comment, the system receives it immediately. However, the 
comment will not be publicly viewable until we post it, which might not 
occur until several days after submission. Information regarding this 
rule is available in alternative formats upon request (see FOR FURTHER 
INFORMATION CONTACT).

Background for the Current List

    In accordance with 50 CFR 17.11(a), the ``Common name,'' 
``Scientific name,'' ``Where listed,'' and ``Status'' columns of the 
List provide regulatory information; together, they identify listed 
wildlife species within the meaning of the Act and describe where they 
are protected. Under 50 CFR 17.11(d), the ``Where listed'' column sets 
forth the geographic area where the species is listed for purposes of 
the Act. Except when providing a geographic description of a distinct 
population segment (DPS) of vertebrate fish or wildlife, an 
evolutionary significant unit of salmon stock, or an experimental 
population designation, ``Wherever found'' is used to indicate that the 
Act's protections apply to all individuals of the species, wherever 
found. If only specific populations of the species are included in the 
listed entity, then those populations are specifically described in the 
``Where listed'' column and the name of the population listed is 
included in brackets in the ``Common name'' column.
    We note that in 2016 we revised the format of the List at 50 CFR 
17.11(h) and the List of Endangered and Threatened Plants at 50 CFR 
17.12(h) (2016 revision; 81 FR 51550, August 4, 2016). Among other 
things, the 2016 revision changed the former column heading of 
``Vertebrate population where threatened or endangered'' to ``Where 
listed.'' Information in this column for non-DPS listings was changed 
from ``Entire'' (or ``do'' for ``ditto'') to ``Wherever found.'' The 
2016 revision revised this column heading and its information to 
reflect their meaning and usage more accurately, but also to provide 
equivalent information and have the same regulatory effect. For a 
detailed description of the changes to the format of the Lists, see the 
2016 revision.
    In this rule, discussion of entries in the List prior to the 2016 
revision may reference the column headings and information of the 
previous format. The columns ``Where listed'' and ``Vertebrate 
population where endangered or threatened,'' and the information 
``Wherever found'' and ``Entire'' (or ``do''), are synonymous.

Background for the Corrections in This Direct Final Rule

    The Service has identified several species that appear in the List 
as if they are listed under the Act as a DPS even though we listed them 
as endangered species in their entirety. Information in the ``Where 
listed'' column in the List erroneously describes these species as 
population listings. Review of the listing histories of these species 
indicates that they are protected in their entirety despite their 
appearance in the List as DPS listings that protect only certain 
populations of the taxonomic species or subspecies. These species are 
the Mexican grizzly bear (Ursus arctos), northern swift fox (Vulpes 
velox hebes), margay (Leopardus wiedii), California condor (Gymnogyps 
californianus), Everglade snail kite (Rostrhamus sociabilis plumbeus), 
thick-billed parrot (Rhynchopsitta pachyrhyncha), light-footed 
Ridgway's rail (Rallus obsoletus levipes), Yuma Ridgway's rail (Rallus 
obsoletus yumanensis), Gila topminnow (Poeciliopsis occidentalis), and 
Carson wandering skipper (Pseudocopaeodes eunus obscurus).
    In this direct final rule, we are correcting the entries for 8 of 
these 10 species. We are correcting the List at 50 CFR 17.11(h) by 
revising the information in the ``Where listed'' column to ``Wherever 
found'' for margay, California condor, Everglade snail kite, thick-
billed parrot, light-footed Ridgway's rail, Yuma Ridgway's rail, Gila 
topminnow, and Carson wandering skipper. This action is based on a 
review of changes to the List made in the 1980s that erroneously 
altered the listed ranges for these species from ``Entire'' (equivalent 
to ``Wherever found'' in the 2016 revision) to geographically defined 
DPS listings.
    We are not correcting the entries for Mexican grizzly bear (Ursus 
arctos) and northern swift fox (Vulpes velox hebes) at this time 
because we believe they may no longer be valid taxonomic subspecies 
and, therefore, may warrant delisting as a result. Because removal of 
Mexican grizzly bear and northern swift fox from the List would require 
publication of a proposed rule and request for public comment, it would 
be inappropriate to include those actions in this administrative direct 
final rule, which merely corrects errors without changing the listed 
entities or their statuses. Therefore, we will not correct the entries 
for Mexican grizzly bear and northern swift fox pending further review 
of their appropriate listing statuses.
    Below, we explain the nature and information known about the errors 
we are correcting in this document.

Pre-Act Listings

    Prior to the Act, two statutes allowed listing of, and certain 
protections for, endangered species. In 1966, the Endangered Species 
Preservation Act (ESPA; Pub. L. 89-669, October 15, 1966) provided for 
the listing of species of native fish and wildlife found to be 
threatened with extinction (see section 1(c), 80 Stat. 926 (1966)). In 
1969, the ESPA was amended and renamed the Endangered Species 
Conservation Act (ESCA; Pub. L. 91-135, December 5, 1969). The ESCA 
retained, without change, the ESPA's standard for listing native 
species found to be threatened with extinction. In addition, section 
3(a) of the ESCA called for the Secretary to list species or subspecies 
of fish or wildlife deemed to be threatened with worldwide extinction 
(see Pub. L. 91-

[[Page 64826]]

135, section 3(a), 83 Stat. 275 (1969)). The new standard for listing 
foreign species was codified separately from the standard for listing 
native species.
    Five species (California condor, Everglade snail kite, light-footed 
Ridgway's rail, Yuma Ridgway's rail, and Gila topminnow) were all 
listed as endangered native wildlife under the ESPA (32 FR 4001, March 
11, 1967; 34 FR 5034, March 8, 1969). These five species listed under 
the ESPA were transferred to the new list of endangered native fish and 
wildlife promulgated under the ESCA (35 FR 16047; October 13, 1970). On 
June 2, 1970, we published a final rule adding the Mexican grizzly 
bear, northern swift fox, and thick-billed parrot to the list of 
endangered foreign fish and wildlife under the ESCA (35 FR 8491), and 
we added the margay on March 30, 1972 (37 FR 6476).
    The Service's new regulations implementing the ESCA explained, in 
particular for species listed under the new authority, that the entire 
species or subspecies was protected under the ESCA. For foreign species 
listings, the definition of ``Endangered Species List'' explained that 
it included species or subspecies of fish and wildlife found in other 
countries that are threatened with worldwide extinction (see Sec.  
17.2(g) in 35 FR 8491, June 2, 1970). The foreign species list included 
geographic descriptions for each species in a ``Where found'' column, 
but the introduction also explained that this information was a general 
guide to the native countries or regions where the named animals are 
found. It was not intended to be definitive. For domestic listings, the 
definition of ``Native Endangered Species List'' explained that it 
included species or subspecies of fish and wildlife native to the 
United States that are threatened with extinction (see Sec.  17.2(h) in 
35 FR 8491, June 2, 1970).

Listings Under the Endangered Species Act of 1973, as Amended

    On December 28, 1973, the current Act (16 U.S.C. 1531 et seq.) was 
enacted and repealed the ESCA. However, section 4(c)(3) of the Act 
provided that any list of endangered species issued under the ESCA was 
to be republished, without public hearing or comment, as the initial 
list of species under the Act (Pub. L. 93-205, section 4(c)(3), 87 
Stat. 884, 888 (1973)). (Section 4(c)(3) was repealed in a subsequent 
amendment of the Act because it had no legal effect once the earlier 
lists had been republished.) Thus, those species previously listed 
under the ESPA or ESCA were automatically provided protection under the 
newly enacted Endangered Species Act. Accordingly, these species were 
transferred to the lists of endangered species published pursuant to 
the Act, with the Service originally keeping separate lists for native 
and foreign species (see the 1974 issue of the CFR at 50 CFR 17.11 
(Endangered foreign wildlife) and 50 CFR 17.12 (Endangered native 
wildlife)).
    One of the major changes between the Act and the prior ESPA and 
ESCA was that it provided the legal authority for population-based 
listings. Similar to the ESPA and the ESCA, the Act provided for the 
listing of species (or subspecies), but the new definition of 
``species'' included any subspecies of fish or wildlife or plants and 
any other group of fish or wildlife of the same species or smaller taxa 
in common spatial arrangement that interbreed when mature (Pub. L. 93-
205, section 3(11), 87 Stat. 884, 886 (1973)). (This definition was 
amended in 1978 to the current statutory language in which species 
includes any subspecies of fish or wildlife or plants, and any distinct 
population segment of any species of vertebrate fish or wildlife which 
interbreeds when mature.) The original lists under the Act did not 
accommodate this option, with the native endangered species list 
containing only the scientific and common names of each protected 
species. The foreign endangered species list continued to include a 
``Where found'' column, now with the further clarification that the 
information provided there was for the convenience of the public, was 
not exhaustive, was not required to be given by law, and had no legal 
significance (see 39 FR 1158, January 4, 1974, p. 1171).
    Consistent with the new listing option under the Act, the first 
unified list of native and foreign wildlife contained a new column, 
``Population'', to provide for population-based listings (see 40 FR 
44412; September 26, 1975). In the September 26, 1975, rule, at 50 CFR 
17.11(b), the regulations explained that the columns entitled ``Common 
name'', ``Scientific name'', and ``Population'' defined the ``species'' 
of wildlife within the meaning of the Act. Thus, for example, in that 
rule, the ``Population'' column indicated that the grizzly bear was 
listed only in the ``USA (48 conterminous States).'' The ``Population'' 
column read ``N/A'' (for ``not applicable'') for the Mexican grizzly 
bear, northern swift fox, margay, California condor, Everglade snail 
kite, thick-billed parrot, light-footed Ridgway's rail, Yuma Ridgway's 
rail, and Gila topminnow, indicating that these were not population-
based listings and each species was listed in its entirety. The 
September 26, 1975, rule, at 50 CFR 17.11(b), noted that the 
prohibitions of the Act and regulations apply to all specimens of the 
``species'' listed, wherever they are found, and to their progeny. The 
September 26, 1975, rule also established a new column, ``Known 
Distribution,'' with countries or geographic regions included for each 
listed species similar to the previous ``Where found'' column; however, 
the rule explained at 50 CFR 17.11(d) that this column was for 
informational purposes only and did not imply any limitation on the 
application of the prohibitions in the Act and 50 CFR part 17.
    It is clear, therefore, that all of these listed species were 
originally listed in their entirety. All were originally listed as 
endangered under either the ESPA or the ESCA, statutes that did not 
provide the legal authority for population-based listings. The ESCA and 
the Service's regulations implementing the statute made it clear, 
especially for species listed under the ESCA, that listed species were 
those threatened with worldwide extinction. When the Act was enacted in 
1973 (with its authority for population-based listings), the Service's 
first regulations to accommodate population-based listings (through the 
addition of the ``Population'' column to the List) indicated that the 
listing of these species was not based on the authority for population-
based listings (through the use of ``N/A,'' or not applicable, in the 
``Population'' column). The CFR continued to reflect that all these 
species were listed in their entirety for a number of years. In 1980, 
the Service adopted the organization of the List (see the 1980 edition 
of the CFR at 50 CFR 17.11(h)) that immediately preceded the current 
format adopted in 2016. The ``Population'' column was removed and a new 
column--``Vertebrate population where endangered or threatened''--
indicated whether a species was listed in its entirety or whether it 
was a DPS listing.
    For six of these species, the Mexican grizzly bear, California 
condor, Everglade snail kite, light-footed Ridgway's rail, Yuma 
Ridgway's rail, and Gila topminnow, the 1980 list indicated that all 
six of the species at issue here were listed in their entirety (i.e., 
the word ``Entire'' appears for each one in the ``Vertebrate population 
where endangered or threatened'' column of the List) (see the 1980 
edition of the CFR at 50 CFR 17.11(h)). Then in the mid-1980s, the 
information in the ``Vertebrate population where endangered or 
threatened'' column was

[[Page 64827]]

inadvertently changed from ``Entire'' (or its equivalent of ``do'' for 
``ditto'') for each of the six species to new information that 
indicated geographically limited listings. The only manner in which the 
scope of a listed entity (a taxonomic species, subspecies, or DPS) can 
be changed is through the rulemaking procedures specified in section 
553 of the Administrative Procedure Act (APA; 5 U.S.C. 551 et seq.) and 
section 4(b)(4) of the Act, and those procedures were never undertaken 
for these six species.
    On July 25, 1979, we published in the Federal Register (44 FR 
43705) a ``notification'' document announcing that for seven listed 
species, including the northern swift fox, margay, and thick-billed 
parrot, with the consolidation of the ``foreign'' and ``native'' 
species lists under the Act, the native populations of these species 
were not listed as endangered, although the foreign populations were 
listed and received all the protections of the Act. The document stated 
that the ESCA requires consultation with States prior to listing native 
species as endangered, and for the seven species, the Service had 
failed to consult with the governors of the States with U.S. 
populations of these species; therefore, the Service concluded that the 
U.S. populations were not listed under the Act. That July 25, 1979, 
document went on to say that it has always been the intent of the 
Service that all populations of those species deserve to be listed as 
endangered, whether they occur in the United States or in foreign 
countries; that the status of these native populations is truly 
endangered; and that it is only as a result of an oversight that the 
native populations of these species are currently excluded from the 
protections of the Act.
    No rulemakings to change the scope of the northern swift fox, 
margay, or thick-billed parrot listings that meet the requirements of 
section 4(b)(5) and 4(b)(6) of the Act were ever promulgated, yet on 
May 20, 1980, we published a final rule (45 FR 33768) that republished 
the Lists, and in that rule, the entries for northern swift fox, 
margay, and thick-billed parrot were amended to indicate that only 
populations of the species outside the United States were listed under 
the Act. Specifically, the northern swift fox appeared as a DPS listing 
in ``Canada,'' the margay appeared as a DPS listing in ``Mexico 
southward,'' and the thick-billed parrot appeared as a DPS listing in 
``Mexico.'' The entries for the other four species addressed in the 
July 25, 1979, ``notification'' document (44 FR 43705) have already 
been corrected in other rulemakings and are therefore not addressed 
further in this document.
    In an April 30, 2009, memorandum from the Assistant Solicitor for 
Fish and Wildlife to the Director of the Fish and Wildlife Service, the 
Solicitor's Office explained that these species are listed in their 
entirety despite their appearance as DPS listings in the List at 50 CFR 
17.11(h) (DOI 2009). As explained in the 2009 memorandum, the Service 
did not have the legal authority to change the scope of the listed 
entity through a Federal Register notice. The memo advised us that, 
without going through the proper rulemaking procedures required under 
section 553 of the APA and section 4(b)(4) of the Act, the Service had 
no authority to simply remove the U.S. populations of the northern 
swift fox, margay, and thick-billed parrot, along with the other 
species, from their protected status under the Act. As a result, the 
Solicitor's Office instructed us that the July 25, 1979, 
``notification'' document (44 FR 43705) was without legal effect, and 
no other rulemakings consistent with the Act's requirements occurred to 
change the listings from the species or subspecies level to DPSs.
    Furthermore, we were advised that failure to consult with a State 
under the ESCA did not invalidate the species' legal status under the 
Act. In fact, in 1973, Congress validated the lists under the ESCA by 
its explicit incorporation of them into the Act through section 4(c)(3) 
of the Act. Also, for species where there were no populations within 
the United States at the time of the listing, there were no States with 
which to consult. This may have been the case with at least two of the 
species at issue here. For example, the last verified report of the 
thick-billed parrot in the United States was in the 1930s, decades 
before it was listed as endangered under the ESCA (see 45 FR 49844, 
July 25, 1980). The margay was known in the United States from a single 
specimen taken in Texas, and by 1980, there were almost certainly no 
resident populations in the United States (see 45 FR 49844, July 25, 
1980).
    The 2009 memorandum concluded that the changes to the CFR in the 
1980s, indicating that only a particular DPS of each of these species 
is endangered while the remainder of the species is not protected under 
the Act, are without legal effect because the Service had no authority 
to change the scope of the listed entity without following the 
rulemaking procedures required by section 553 of the APA and section 
4(b)(4) of the Act. Therefore, these species continue to be listed in 
their entirety despite their appearance as DPS listings in the CFR. As 
such, we are correcting the List to read ``Wherever found'' in the 
``Where listed'' column for the following species: margay, Everglade 
snail kite, thick-billed parrot, light-footed Ridgway's rail, Yuma 
Ridgway's rail, and Gila topminnow. Likewise, we are correcting the 
information in the ``Where listed'' column of the California condor's 
entry to read, ``Wherever found, except where listed as an experimental 
population.'' (As noted above, we are not correcting the entries for 
Mexican grizzly bear and northern swift fox at this time due to the 
likelihood that they are not valid subspecies.)
    The final species with an erroneous entry is the Carson wandering 
skipper, a subspecies of butterfly, which incorrectly appears as a DPS 
listing despite being listed in its entirety. The Service listed the 
Carson wandering skipper as an endangered species on August 7, 2002 (67 
FR 51116). The final rule amended the List to indicate ``U.S.A., 
(Lassen County, CA; Washoe County, NV)'' in the ``Vertebrate population 
where endangered or threatened'' column. However, the Service intended 
to list the subspecies in its entirety. The rulemaking analyzed the 
status of the species rangewide and did not include a DPS analysis. In 
addition, the locations included in the ``Vertebrate population where 
endangered or threatened'' column encompassed the entire known range of 
the species at the time of its listing.
    The Service also lacks the legal authority to list a DPS of this or 
any invertebrate subspecies. The Act's section 4(a)(1) authorizes the 
Service to determine whether any species is an endangered species or a 
threatened species. The term ``species,'' as defined in the Act (see 
section 3(16)), includes any distinct population segment of any species 
of vertebrate fish or wildlife which interbreeds when mature. Distinct 
population segments of invertebrate wildlife do not fall within the 
Act's definition of ``species.'' Accordingly, DPSs of invertebrate 
wildlife cannot be included on the List. Instead, when the Service 
determines that a species of invertebrate wildlife is endangered or 
threatened, the species may only be listed in its entirety.
    Because the rulemaking analyzed the species in its entirety and the 
Service was without legal authority to list a subspecies of butterfly 
as a DPS, the subspecies is in fact listed in its entirety despite its 
appearance as a DPS listing in the CFR. Therefore, we are correcting 
the List by replacing ``U.S.A., (Lassen County, CA; Washoe County, 
NV)'' with

[[Page 64828]]

``Wherever found'' in the ``Where listed'' column in the entry for the 
Carson wandering skipper.

Correction of Listed Range

    The table below summarizes information regarding the entries in the 
List at 50 CFR 17.11(h) for each of the species, followed by a 
narrative description of the changes being made to the entries. Please 
note that we do not include a narrative description for the Carson 
wandering skipper, as that description is provided above.

                                                              Table 2--List of Corrections
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      Date of incorporated     Current ``where       Corrected ``where
              Species                    Scientific name        Original listing             error           listed'' information   listed'' information
--------------------------------------------------------------------------------------------------------------------------------------------------------
Margay.............................  Leopardus (=Felis)      37 FR 6476; 3/30/1972.  5/20/1980 (45 FR       Mexico southward.....  Wherever found.
                                      wiedii.                                         33768).
California condor..................  Gymnogyps               32 FR 4001; 3/11/1967.  1987 (1987 edition of  U.S.A. only, except    Wherever found,
                                      californianus.                                  CFR).                  where listed as an     except where listed
                                                                                                             experimental           as an experimental
                                                                                                             population.            population.
Everglade snail kite...............  Rostrhamus sociabilis   32 FR 4001; 3/11/1967.  1986 (1986 edition of  U.S.A. (FL)..........  Wherever found.
                                      plumbeus.                                       CFR).
Thick-billed parrot................  Rhynchopsitta           35 FR 8491; 6/2/1970..  5/20/1980 (45 FR       Mexico...............  Wherever found.
                                      pachyrhyncha.                                   33768).
Light-footed Ridgway's rail........  Rallus obsoletus        34 FR 5034; 3/8/1969..  1988 (1988 edition of  U.S.A. only..........  Wherever found.
                                      levipes.                                        CFR).
Yuma Ridgway's rail................  Rallus obsoletus        32 FR 4001; 3/11/1967.  1988 (1988 edition of  U.S.A. only..........  Wherever found.
                                      yumanensis.                                     CFR).
Gila topminnow.....................  Poeciliopsis            32 FR 4001; 3/11/1967.  1988 (1988 edition of  U.S.A. only..........  Wherever found.
                                      occidentalis.                                   CFR).
Carson wandering skipper...........  Pseudocopaeodes eunus   67 FR 51116; 8/7/2002.  8/7/2002 (67 FR        U.S.A., (Lassen        Wherever found.
                                      obscurus.                                       51116).                County, CA; Washoe
                                                                                                             County, NV).
--------------------------------------------------------------------------------------------------------------------------------------------------------

Corrected Species Where Listed

Margay (Leopardus (=Felis) Wiedii)

    The margay was originally listed as endangered under the ESCA of 
1969 (37 FR 6476; March 30, 1972). Currently, the information in the 
``Where listed'' column for this species reads, ``Mexico southward.'' 
As explained above, this current information erroneously indicates that 
protections are afforded only to a subset of the species as a DPS. We 
are correcting the margay's entry in the List at 50 CFR 17.11(h) so 
that the information in the ``Where listed'' column reads, ``Wherever 
found.'' This correction reflects the intent of the original listing 
that the species, not a DPS, is in danger of extinction and that 
protections of the Act extend to all individuals of the species 
wherever found. Currently, the species is known to occur in Mexico and 
southward in Central and South America. There is a single record of a 
specimen taken in United States in Texas, and it is believed that there 
are no resident margay populations in the United States. Regardless, 
because the species is listed in its entirety and protections of the 
Act extend to all individuals of the species wherever found, any 
individual of the species found in the United States would be afforded 
the full protections of the Act. This correction does not change the 
description, distribution, or endangered status of the margay.

California Condor (Gymnogyps Californianus)

    The California condor was originally listed as endangered under the 
ESPA of 1966 (32 FR 4001; March 11, 1967). In 1996, a nonessential 
experimental population of condors was established in Arizona, and 
special regulations pursuant to that rulemaking apply to the population 
of California condors found in parts of Arizona, Utah, and Nevada (61 
FR 54044; October 16, 1996). Subsequently, another nonessential 
experimental population of condors was established in the Pacific 
Northwest, and special regulations pursuant to that rulemaking apply to 
the population of California condors found in Oregon, and specific 
portions of northern California and northwest Nevada (86 FR 15602; 
March 24, 2021).
    Currently, in the California condor's first (original) entry on the 
List, the information in the ``Where listed'' column reads, ``U.S.A. 
only, except where listed as an experimental population.'' As explained 
above, this current information erroneously indicates that protections 
are afforded only to a subset of the species as a DPS. We are 
correcting that entry's ``Where listed'' information to read, 
``Wherever found, except where listed as an experimental population.'' 
This correction reflects the intent of the original listing that the 
species, not a DPS, is in danger of extinction and that protections of 
the Act extend to all individuals of the species wherever found, except 
as modified by the current nonessential experimental population 
designations and their associated rules. Currently, the species is 
known to occur in the United States in California, northern Arizona, 
southern Utah, Nevada, and Oregon. This correction does not change the 
description, distribution, or endangered status of the California 
condor.
    In addition, in the California condor's first (original) entry on 
the List, in the ``Listing citations and applicable rules'' column, we 
are removing the Federal Register citation for the rule establishing 
the nonessential experimental population of condors in Arizona. The 
subject rule will continue to be cited under the appropriate entry in 
the List. This correction ensures consistency in our presentation of 
citations in the List.

Everglade Snail Kite (Rostrhamus Sociabilis Plumbeus)

    The Everglade snail kite was originally listed as endangered under 
the ESPA of 1966 (32 FR 4001; March 11, 1967). Currently, the 
information in the ``Where listed'' column for this subspecies reads, 
``U.S.A. (FL).'' As explained above, this current information 
erroneously indicates that protections are afforded only to a subset of 
the subspecies as a DPS. We are correcting the Everglade snail kite's 
entry in the List at 50 CFR 17.11(h) so that the information in the 
``Where listed'' column reads, ``Wherever found.'' This correction 
reflects the intent of the original listing that the subspecies, not a 
DPS, is in danger of extinction and that protections of the Act extend 
to all individuals of the subspecies wherever found. Currently, the 
subspecies is known to occur in the United States in Florida and in 
Cuba. This correction does not change the

[[Page 64829]]

description, distribution, or endangered status of the Everglade snail 
kite.
    In addition, we are making a nonsubstantive correction to the 
information in the ``Common name'' column of the Everglade snail kite's 
entry to present the standard usage.

Thick-Billed Parrot (Rhynchopsitta Pachyrhyncha)

    The thick-billed parrot was originally listed as endangered under 
the ESCA of 1969 (35 FR 8491; June 2, 1970). Currently, the information 
in the ``Where listed'' column for this species reads, ``Mexico.'' As 
explained above, this current information erroneously indicates that 
protections are afforded only to a subset of the species as a DPS. We 
are correcting the thick-billed parrot's entry in the List at 50 CFR 
17.11(h) so that the information in the ``Where listed'' column reads, 
``Wherever found.'' This correction reflects the intent of the original 
listing that the species, not a DPS, is in danger of extinction and 
that protections of the Act extend to all individuals of the species 
wherever found. Currently, the species is known to occur primarily in 
Mexico. Historically the thick-billed parrot's range extended as far 
north as the mountains of southeastern Arizona and possibly 
southwestern New Mexico, but whether the species ever bred historically 
in the United States has not been confirmed. The last confirmed 
sighting of a naturally occurring flock in the United States was in 
1938, in the Chiricahua Mountains of Arizona. However, should 
individuals of the species be found in the United States in the future, 
pursuant to the original listing, they will be afforded the full 
protections of the Act. This correction does not change the 
description, distribution, or endangered status of the thick-billed 
parrot.

Light-Footed Ridgway's Rail (Rallus Obsoletus Levipes)

    The light-footed Ridgway's rail was originally listed as endangered 
under the ESPA of 1966 (34 FR 5034; March 8, 1969). The species name on 
the List was recently revised to reflect the current scientifically 
accepted taxonomy and nomenclature (88 FR 49314; July 31, 2023). 
Currently, the information in the ``Where listed'' column for this 
subspecies reads, ``U.S.A. only.'' As explained above, this current 
information erroneously indicates that protections are afforded only to 
a subset of the subspecies as a DPS. We are correcting the light-footed 
Ridgway's rail's entry in the List at 50 CFR 17.11(h) so that the 
information in the ``Where listed'' column reads, ``Wherever found.'' 
This correction reflects the intent of the original listing that the 
subspecies, not a DPS, is in danger of extinction and that protections 
of the Act extend to all individuals of the subspecies wherever found. 
Currently, the subspecies is known to occur in the United States in 
California and in Mexico in Baja California. This correction does not 
change the description, distribution, or endangered status of the 
light-footed Ridgway's rail.

Yuma Ridgway's Rail (Rallus Obsoletus Yumanensis)

    The Yuma Ridgway's rail was originally listed as endangered under 
the ESPA of 1966 (32 FR 4001; March 11, 1967). Currently the 
information in the ``Where listed'' column for this subspecies reads, 
``U.S.A. only.'' As explained above, this current information 
erroneously indicates that protections are afforded only to a subset of 
the subspecies as a DPS. We are correcting the Yuma Ridgway's rail's 
entry in the List at 50 CFR 17.11(h) so that the information in the 
``Where listed'' column reads, ``Wherever found.'' This correction 
reflects the intent of the original listing that the subspecies, not a 
DPS, is in danger of extinction and that protections of the Act extend 
to all individuals of the subspecies wherever found. Currently, the 
subspecies is known to occur in the United States in Arizona and 
California and in Mexico. This correction does not change the 
description, distribution, or endangered status of the Yuma Ridgway's 
rail.

Gila Topminnow (Poeciliopsis Occidentalis)

    The Gila topminnow was originally listed as endangered under the 
ESPA of 1966 (32 FR 4001; March 11, 1967). Currently, the information 
in the ``Where listed'' column for this species reads, ``U.S.A. only.'' 
As explained above, this current information erroneously indicates that 
protections are afforded only to a subset of the species as a DPS. We 
are correcting the Gila topminnow's entry in the List at 50 CFR 
17.11(h) so that the information in the ``Where listed'' column reads, 
``Wherever found.'' This correction reflects the intent of the original 
listing that the species, not a DPS, is in danger of extinction and 
that protections of the Act extend to all individuals of the species 
wherever found. Currently, the species is known to occur in Arizona and 
New Mexico in the United States, and in Sonora in Mexico. This 
correction does not change the description, distribution, or endangered 
status of the Gila topminnow.

Determinations

Clarity of the Rule

    We are required by Executive Orders 12866 and 12988 and by the 
Presidential Memorandum of June 1, 1998, to write all rules in plain 
language. This means that each rule we publish must:
    (a) Be logically organized;
    (b) Use the active voice to address readers directly;
    (c) Use clear language rather than jargon;
    (d) Be divided into short sections and sentences; and
    (e) Use lists and tables wherever possible.
    If you feel that we have not met these requirements, send us 
comments by one of the methods listed in ADDRESSES. To help us to 
revise this rule, your comments should be as specific as possible. For 
example, you should tell us the numbers of the sections or paragraphs 
that are unclearly written, which sections or sentences are too long, 
the sections where you feel lists or tables would be useful, etc.

National Environmental Policy Act

    We have determined that environmental assessments and environmental 
impact statements, as defined under the authority of the National 
Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.), need 
not be prepared in connection with regulations issued pursuant to 
section 4(a) of the Act. We published a notice outlining our reasons 
for this determination in the Federal Register on October 25, 1983 (48 
FR 49244). Even if NEPA were to apply, this amendment of the 
regulations is purely administrative in nature, and therefore is 
categorically excluded under the Department of the Interior's NEPA 
procedures in 43 CFR 46.210(i); no exceptional circumstances apply.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, and the Department 
of the Interior's manual at 512 DM 2, we readily acknowledge our 
responsibility to communicate meaningfully with recognized Federal 
Tribes on a government-to-government basis. In accordance with 
Secretary's Order 3206 of June 5, 1997 (American Indian Tribal

[[Page 64830]]

Rights, Federal-Tribal Trust Responsibilities, and the Endangered 
Species Act), we readily acknowledge our responsibilities to work 
directly with Tribes in developing programs for healthy ecosystems, to 
acknowledge that Tribal lands are not subject to the same controls as 
Federal public lands, to remain sensitive to Indian culture, and to 
make information available to Tribes. We have determined that this rule 
will not affect Tribes or Tribal lands.

References Cited

    A complete list of the referenced materials is provided in Docket 
No. FWS-HQ-ES-2023-0027 at https://regulations.gov or is available upon 
request from the U.S. Fish and Wildlife Service (see FOR FURTHER 
INFORMATION CONTACT).

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 Code of Federal Regulations, 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), in the List of Endangered and 
Threatened Wildlife, by:
0
a. Under MAMMALS, revising the entry for ``Margay'';
0
b. Under BIRDS, revising the first entry for ``Condor, California'', 
and the entries for ``Kite, snail (Everglade)'''', ``Parrot, thick-
billed'', ``Rail, light-footed Ridgway's'', and ``Rail, Yuma 
Ridgway's'';
0
c. Under FISHES, revising the entry for ``Topminnow, Gila (incl. 
Yaqui)''; and
0
d. Under INSECTS, revising the entry for ``Skipper, Carson wandering''.
    The revisions read as follows:


Sec.  17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                               Listing citations
          Common name              Scientific name      Where listed            Status           and applicable
                                                                                                     rules
----------------------------------------------------------------------------------------------------------------
            Mammals
 
                                                  * * * * * * *
Margay.........................  Leopardus (=Felis)  Wherever found....  E...................  37 FR 6476, 3/30/
                                  wiedii.                                                       1972.
 
                                                  * * * * * * *
             Birds
 
                                                  * * * * * * *
Condor, California.............  Gymnogyps           Wherever found,     E...................  32 FR 4001, 3/11/
                                  californianus.      except where                              1967; 50 CFR
                                                      listed as an                              17.95(b).\CH\
                                                      experimental
                                                      population.
 
                                                  * * * * * * *
Kite, Everglade snail..........  Rostrhamus          Wherever found....  E...................  32 FR 4001, 3/11/
                                  sociabilis                                                    1967; 50 CFR
                                  plumbeus.                                                     17.95(b).\CH\
 
                                                  * * * * * * *
Parrot, thick-billed...........  Rhynchopsitta       Wherever found....  E...................  35 FR 8491, 6/2/
                                  pachyrhyncha.                                                 1970.
 
                                                  * * * * * * *
Rail, light-footed Ridgway's...  Rallus obsoletus    Wherever found....  E...................  34 FR 5034, 3/8/
                                  levipes.                                                      1969; 35 FR
                                                                                                16047, 10/13/
                                                                                                1970.
 
                                                  * * * * * * *
Rail, Yuma Ridgway's...........  Rallus obsoletus    Wherever found....  E...................  32 FR 4001, 3/11/
                                  yumanensis.                                                   1967.
 
                                                  * * * * * * *
             Fishes
 
                                                  * * * * * * *
Topminnow, Gila (incl. Yaqui)..  Poeciliopsis        Wherever found....  E...................  32 FR 4001, 3/11/
                                  occidentalis.                                                 1967.
 
                                                  * * * * * * *
            Insects
 
                                                  * * * * * * *
Skipper, Carson wandering......  Pseudo copaeodes    Wherever found....  E...................  67 FR 51116, 8/7/
                                  eunus obscurus.                                               2002.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------



[[Page 64831]]

Martha Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2023-20291 Filed 9-19-23; 8:45 am]
BILLING CODE 4333-15-P