[Federal Register Volume 87, Number 33 (Thursday, February 17, 2022)]
[Rules and Regulations]
[Pages 8981-8983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03114]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2021-0138; FF09E21000 FXES1111090FEDR 223]
RIN 1018-BG58


Endangered and Threatened Wildlife and Plants; Adding Rice's 
Whale to and Updating Three Humpback Whale Entries on the List of 
Endangered and Threatened Wildlife

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in 
accordance with the Endangered Species Act of 1973, as amended (Act), 
are amending the List of Endangered and Threatened Wildlife (List) by 
adding Rice's whale (Balaenoptera ricei). We are also updating the 
entries for the Central America, Mexico, and Western North Pacific 
distinct population segments (DPSs) of humpback whales (Megaptera 
novaeangliae) to reflect the designation of critical habitat for these 
DPSs. 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: 
    Effective date: This rule is effective February 17, 2022.
    Applicability date: The Rice's whale listing was applicable as of 
October 22, 2021. The humpback whale critical habitat designations were 
applicable as of May 21, 2021.

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; telephone 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 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 an endangered species or a 
threatened species. Under section 4(a)(3)(A)(i) of the Act, NMFS must 
designate any habitat of endangered or threatened species which is then 
considered to be critical habitat. NMFS makes these determinations and 
critical habitat designations via its rulemaking process. We, the 
Service, are then 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).
    On December 8, 2016, NMFS published a proposed rule to list the 
Gulf of Mexico Bryde's whale as an endangered species (81 FR 88639). 
NMFS solicited public comments on the proposed rule for 75 days (81 FR 
88639, December 8, 2016; 81 FR 92760, December 20, 2016; 82 FR 9707, 
February 8, 2017) and accepted public comments during a public hearing 
on January 19, 2017. NMFS addressed all public comments received in 
response to the proposed rule in its April 15, 2019, final rule (84 FR 
15446) to list the Gulf of Mexico Bryde's whale as an endangered 
species. NMFS determined that the Gulf of Mexico Bryde's whale is an 
unnamed subspecies of Bryde's whales (Balaenoptera edeni). The listing 
of the Gulf of Mexico Bryde's whale went into effect on May 15, 2019. 
We did not publish an administrative action at that time to add the 
Gulf of Mexico Bryde's whale to the List at 50 CFR 17.11(h).
    On August 23, 2021, NMFS published a direct final rule (86 FR 
47022) to revise the taxonomy and common name of Balaenoptera edeni 
(unnamed subspecies; Bryde's Whale--Gulf of Mexico subspecies) to 
reflect the most recently accepted scientific name, in

[[Page 8982]]

accordance with 50 CFR 224.101(e). Based on the best scientific data 
available at that time, NMFS determined that revising the entry at 50 
CFR 224.101(h) was warranted as follows: Change the common name from 
Bryde's whale (Gulf of Mexico subspecies) to Rice's whale, change the 
scientific name from Balaenoptera edeni (unnamed subspecies) to 
Balaenoptera ricei, and change the description of the listed entity 
from Bryde's whales that breed and feed in the Gulf of Mexico to 
``wherever found.'' NMFS provided an opportunity for the public to 
submit significant adverse comments in response to the direct final 
rule; they received none. The direct final rule went into effect on 
October 22, 2021. By publishing this final rule, we are taking the 
necessary administrative step to amend the List at 50 CFR 17.11(h) to 
include the Rice's whale.
    We are also updating the entries on the List for the Central 
America, Mexico, and Western North Pacific DPSs of humpback whales to 
reflect the designation of critical habitat for these three DPSs. On 
October 9, 2019, NMFS published a proposed rule (84 FR 54354) 
identifying critical habitat for these three DPSs of humpback whales 
and solicited public comments on the proposed rule through January 31, 
2020 (see 84 FR 65346, November 27, 2019). NMFS also solicited public 
comments at six public hearings (84 FR 55530, October 17, 2019; 84 FR 
65346, November 27, 2019). NMFS addressed all public comments received 
in its April 21, 2021, final rule (86 FR 21082) designating critical 
habitat for these three DPSs.
    The humpback whale critical habitat designations went into effect 
on May 21, 2021. By publishing this final rule, we are taking the 
necessary administrative step to codify these changes in the List at 50 
CFR 17.11(h).

Administrative Procedure Act

    Because NMFS provided an opportunity for public comment on the 
proposed rules for these taxa, and because this action of the Service 
to amend the List in accordance with the determinations by NMFS is 
nondiscretionary, the Service 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 by listing Rice's whale in 50 CFR part 224 and 
designating critical habitat for the Central America, Mexico, and 
Western North Pacific DPSs of humpback whales in 50 CFR part 226; this 
rule is an administrative action to add one species to, and update the 
entries of three species on, 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, 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 published a notice outlining our reasons 
for this determination in the Federal Register on October 25, 1983 (48 
FR 49244).

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. Amend Sec.  17.11, in paragraph (h), the List of Endangered and 
Threatened Wildlife, under mammals, by:
0
a. Revising the entries for ``Whale, humpback [Central America DPS],'' 
``Whale, humpback [Mexico DPS],'' and ``Whale, humpback [Western North 
Pacific DPS];'' and
0
b. Adding an entry in alphabetical order for ``Whale, Rice's''.
    The revisions and addition read as follows:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

----------------------------------------------------------------------------------------------------------------
                                                                                              Listing citations
           Common name              Scientific name        Where listed          Status         and applicable
                                                                                                    rules
----------------------------------------------------------------------------------------------------------------
             Mammals
 
                                                  * * * * * * *
Whale, humpback [Central America  Megaptera            Central America                   E   35 FR 8491, 6/2/
 DPS].                             novaeangliae.        DPS--see 50 CFR                       1970; 35 FR 18319,
                                                        224.101.                              12/2/1970; 81 FR
                                                                                              62260, 9/8/
                                                                                              2016;\N\ 81 FR
                                                                                              93639, 12/21/2016;
                                                                                              87 FR [INSERT
                                                                                              Federal Register
                                                                                              PAGE WHERE THE
                                                                                              DOCUMENT BEGINS],
                                                                                              2/17/2022; 50 CFR
                                                                                              226.227.\CH\
Whale, humpback [Mexico DPS]....  Megaptera            Mexico DPS--see 50                T   35 FR 8491, 6/2/
                                   novaeangliae.        CFR 223.102.                          1970; 35 FR 18319,
                                                                                              12/2/1970; 81 FR
                                                                                              62260, 9/8/
                                                                                              2016;\N\ 81 FR
                                                                                              93639, 12/21/2016;
                                                                                              87 FR [INSERT
                                                                                              Federal Register
                                                                                              PAGE WHERE THE
                                                                                              DOCUMENT BEGINS],
                                                                                              2/17/2022; 50 CFR
                                                                                              223.213; 50 CFR
                                                                                              223.214; 50 CFR
                                                                                              226.227.\CH\
Whale, humpback [Western North    Megaptera            Western North                     E   35 FR 8491, 6/2/
 Pacific DPS].                     novaeangliae.        Pacific DPS--see                      1970; 35 FR 18319,
                                                        50 CFR 224.101.                       12/2/1970; 81 FR
                                                                                              62260, 9/8/
                                                                                              2016;\N\ 81 FR
                                                                                              93639, 12/21/2016;
                                                                                              87 FR [INSERT
                                                                                              Federal Register
                                                                                              PAGE WHERE THE
                                                                                              DOCUMENT BEGINS],
                                                                                              2/17/2022; 50 CFR
                                                                                              224.103; 50 CFR
                                                                                              226.227.\CH\
 

[[Page 8983]]

 
                                                  * * * * * * *
Whale, Rice's...................  Balaenoptera ricei.  Wherever found.....               E   84 FR 15446, 4/15/
                                                                                              2019; 86 FR 47022,
                                                                                              8/23/2021;\N\ 87
                                                                                              FR [INSERT Federal
                                                                                              Register PAGE
                                                                                              WHERE THE DOCUMENT
                                                                                              BEGINS], 2/17/
                                                                                              2022.
 
                                                  * * * * * * *
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Martha Williams,
Principal Deputy Director, Exercising the Delegated Authority of the 
Director, U.S. Fish and Wildlife Service.
[FR Doc. 2022-03114 Filed 2-16-22; 8:45 am]
BILLING CODE 4333-15-P