Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8981 

(1) Prohibitions. The following 

prohibitions that apply to endangered 

wildlife also apply to Stephens’ 

kangaroo rat. Except as provided under 

paragraph (t)(2) of this section and 

§§ 17.4 and 17.5, it is unlawful for any 

person subject to the jurisdiction of the 

United States to commit, to attempt to 

commit, to solicit another to commit, or 

cause to be committed, any of the 

following acts in regard to this species: 

(i) Import or export, as set forth at 

§ 17.21(b) for endangered wildlife. 

(ii) Take, as set forth at § 17.21(c)(1) 

for endangered wildlife. 

(iii) Possession and other acts with 

unlawfully taken specimens, as set forth 

at § 17.21(d)(1) for endangered wildlife. 

(iv) Interstate or foreign commerce in 

the course of commercial activity, as set 

forth at § 17.21(e) for endangered 

wildlife. 

(v) Sale or offer for sale, as set forth 

at § 17.21(f) for endangered wildlife. 

(2) Exceptions from prohibitions. In 

regard to Stephens’ kangaroo rat, you 

may: 

(i) Conduct activities as authorized by 

a permit under § 17.32. 

(ii) Take, as set forth at § 17.21(c)(2) 

through (4) for endangered wildlife. 

(iii) Take, as set forth at § 17.31(b). 

(iv) Possess and engage in other acts 

with unlawfully taken wildlife, as set 

forth at § 17.21(d)(2) for endangered 

wildlife. 

(v) Implement livestock grazing in the 

course of habitat management and 

restoration to benefit Stephens’ 

kangaroo rat or other native species in 

the grassland habitat as approved by the 

Service. 

(vi) Conduct the following wildfire 

suppression activities: 

(A) Activities necessary to maintain 

the minimum clearance (defensible 

space) requirement from any occupied 

dwelling, occupied structure, or to the 

property line, whichever is nearer, to 

provide reasonable fire safety and to 

reduce wildfire risks consistent with the 

State of California fire codes or local fire 

codes/ordinances. 

(B) Fire management actions (e.g., 

prescribed burns, hazardous fuel 

reduction activities) on protected/ 

preserve lands to maintain, protect, or 

enhance habitat occupied by Stephens’ 

kangaroo rat. These activities are to be 

coordinated with and reported to the 

Service in writing and approved the first 

time an individual or agency undertakes 

them. 

(C) Maintenance of existing fuel 

breaks. 

(D) Firefighting activities associated 

with actively burning wildfires to 

reduce risk to life or property. 

(vii) Remove nonnative, invasive, or 

noxious plants for the purpose of 

Stephens’ kangaroo rat conservation as 

approved by the Service. This includes 

noxious weed control and other 

vegetation reduction in the course of 

habitat management and restoration to 

benefit Stephens’ kangaroo rat, 

including mechanical and chemical 

control, provided that these activities 

are conducted in a manner consistent 

with Federal and applicable State laws, 

including Environmental Protection 

Agency label restrictions for herbicide 

application. 

(viii) Implement activities conducted 

as part of a plan developed in 

coordination with the Service or the 

California Department of Fish and 

Wildlife that are for the purpose of 

Stephens’ kangaroo rat conservation. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2022–03317 Filed 2–16–22; 8:45 am] 

BILLING CODE 4333–15–P 

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. 

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 


lotter on DSK11XQN23PROD with RULES1
8982 Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 

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 

■ 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. 

■ 2. Amend § 17.11, in paragraph (h), 

the List of Endangered and Threatened 

Wildlife, under mammals, by: 

■ a. Revising the entries for ‘‘Whale, 

humpback [Central America DPS],’’ 

‘‘Whale, humpback [Mexico DPS],’’ and 

‘‘Whale, humpback [Western North 

Pacific DPS];’’ and 

■ b. Adding an entry in alphabetical 

order for ‘‘Whale, Rice’s’’. 

The revisions and addition read as 

follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

MAMMALS

* * * * * * * 

Whale, humpback [Central 

America DPS].

Megaptera novaeangliae .. Central America DPS— 

see 50 CFR 224.101.

E 35 FR 8491, 6/2/1970; 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 226.227.CH

Whale, humpback [Mexico 

DPS].

Megaptera novaeangliae .. Mexico DPS—see 50 CFR 

223.102.

T 35 FR 8491, 6/2/1970; 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 Pacific DPS].Megaptera novaeangliae .. Western North Pacific 

DPS—see 50 CFR 

224.101.

E 35 FR 8491, 6/2/1970; 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 224.103; 50 CFR 

226.227.CH


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Federal Register / Vol. 87, No. 33 / Thursday, February 17, 2022 / Rules and Regulations 8983 

Common name Scientific name Where listed Status Listing citations and applicable rules 

*******

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. 

* * * * * * * 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02; RTID 

0648–XB791] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of the 

Atlantic bluefin tuna Angling category 

southern area large medium and giant 

fishery for 2022. 

SUMMARY: NMFS closes the southern 

area Angling category fishery for large 

medium and giant (‘‘trophy’’ (i.e., 

measuring 73 inches (185 cm) curved 

fork length or greater)) Atlantic bluefin 

tuna (BFT). This action applies to 

Highly Migratory Species (HMS) 

Angling category permitted vessels and 

Atlantic HMS Charter/Headboat 

permitted vessels when fishing 

recreationally. 

DATES: Effective 11:30 p.m., local time, 

February 12, 2022, through December 

31, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velsboer@noaa.gov, 978–281– 

9260, or Thomas Warren, 

thomas.warren@noaa.gov, 978–281– 

9347. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 

16 U.S.C. 971 et seq.) and the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

HMS Fishery Management Plan (FMP) 

and its amendments are implemented 

by regulations at 50 CFR part 635. 

Section 635.27 divides the U.S. BFT 

quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

and as implemented by the United 

States among the various domestic 

fishing categories, per the allocations 

established in the 2006 Consolidated 

HMS FMP and its amendments. NMFS 

is required under the Magnuson-Stevens 

Act to provide U.S. fishing vessels with 

a reasonable opportunity to harvest 

quotas under relevant international 

fishery agreements such as the ICCAT 

Convention, which is implemented 

domestically pursuant to ATCA. 

Under § 635.28(a)(1), NMFS files a 

closure notice with the Office of the 

Federal Register for publication when a 

BFT quota (or subquota) is reached or is 

projected to be reached. Retaining, 

possessing, or landing BFT under that 

quota category is prohibited on and after 

the effective date and time of a closure 

notice for that category, for the 

remainder of the fishing year, until the 

opening of the subsequent quota period 

or until such date as specified. 

The 2022 BFT fishing year, which is 

managed on a calendar-year basis and 

subject to an annual calendar-year 

quota, began January 1, 2022. The 

Angling category season opened January 

1, 2022, and continues through 

December 31, 2022. The Angling 

category baseline quota is 232.4 metric 

tons (mt), of which 5.3 mt is allocated 

for the harvest of large medium and 

giant (trophy) BFT by vessels fishing 

under the Angling category quota, with 

1.8 mt allocated for each of the 

following areas: North of 39°18′ N lat. 

(off Great Egg Inlet, NJ); south of 39°18′ 

N lat. and outside the Gulf of Mexico 

(the ‘‘southern area’’); and in the Gulf of 

Mexico. Trophy BFT measure 73 inches 

(185 cm) curved fork length or greater. 

Angling Category Large Medium and 

Giant Southern ‘‘Trophy’’ Fishery 

Closure 

Based on landings data from the 

NMFS Automated Catch Reporting 

System and the North Carolina Tagging 

Program, as well as average catch rates 

and anticipated fishing conditions, 

NMFS projects the Angling category 

southern area trophy BFT subquota of 

1.8 mt will be reached shortly. 

Therefore, retaining, possessing, or 

landing large medium or giant (i.e., 

measuring 73 inches (185 cm) curved 

fork length or greater) BFT south of 

39°18′ N lat. and outside the Gulf of 

Mexico by persons aboard Angling 

category permitted vessels and Atlantic 

HMS Charter/Headboat permitted 

vessels (when fishing recreationally) 

must cease at 11:30 p.m. local time on 

February 12, 2022. This closure will 

remain effective through December 31, 

2022. This action applies to Angling 

category permitted vessels and Atlantic 

HMS Charter/Headboat permitted 

vessels when fishing recreationally for 

BFT, and is taken consistent with the 

regulations at § 635.28(a)(1). This action 

is intended to prevent overharvest of the 

Angling category southern area trophy 

BFT subquota. 

If needed, subsequent Angling 

category adjustments will be published 

in the Federal Register. Information 

regarding the Angling category fishery 

for Atlantic tunas, including daily 

retention limits for BFT measuring 27 

inches (68.5 cm) to less than 73 inches 

(185 cm) and any further Angling 

category adjustments, is available at 

hmspermits.noaa.gov or by calling (978) 

281–9260. HMS Angling and HMS 

Charter/Headboat permit holders may 

catch and release (or tag and release) 

BFT of all sizes, subject to the 

requirements of the catch-and-release 

and tag-and-release programs at 

§ 635.26. Anglers are also reminded that 

all BFT that are released must be 

handled in a manner that will maximize 

survival, and without removing the fish 

from the water, consistent with 

requirements at § 635.21(a)(1). For 

additional information on safe handling, 

see the ‘‘Careful Catch and Release’’ 

brochure available at https://

www.fisheries.noaa.gov/resource/ 

outreach-and-education/careful-catchand-release-brochure/. 

HMS Charter/Headboat and Angling 

category vessel owners are required to 

report the catch of all BFT retained or 


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