[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2085-2087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00610]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

[Docket No. FWS-HQ-ES-2017-0081; 4500090024]
RIN 1018-BC54


Endangered and Threatened Wildlife and Plants; Taxonomical Update 
for Orangutan

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Direct final rule.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the 
revised taxonomy of the orangutan under the Endangered Species Act of 
1973, as amended (Act). When we listed the orangutan in 1970, the 
listed entity included all orangutans in the genus Pongo. At that time, 
the scientific community recognized one species (Pongo pygmaeus) in the 
genus Pongo, which consisted of two subspecies (P. pygmaeus pygmaeus 
and P. p. abelii). However, the orangutan has recently been 
reclassified as belonging to two distinct species: P. pygmaeus and P. 
abelii. Therefore, we are revising the List of Endangered and 
Threatened Wildlife to reflect the current scientifically accepted 
taxonomy and nomenclature of the orangutan. Because all orangutans in 
the genus Pongo are already included under the original listing of 
Pongo pygmaeus as endangered under the Act, the newly recognized 
taxonomic species is considered part of the original listed entity, and 
this technical correction does not alter the regulatory protections 
afforded to the orangutan. For the same reason, if other Pongo species 
emerge due to future taxonomic revisions to further subdivide the genus 
Pongo, they would be encompassed by the original listing and this 
technical correction.

DATES: This rule is effective April 16, 2018 without further action, 
unless we receive significant scientific information that provides 
strong justifications as to why this rule should not be adopted or why 
it should be changed on or before February 15, 2018. If we receive 
significant scientific information regarding this taxonomic change for 
the orangutan, we will publish a timely withdrawal 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: 
http://www.regulations.gov. In the Search box,

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enter FWS-HQ-ES-2017-0081, which is the docket number for this 
rulemaking. Then, click on the Search button. On the resulting page, 
you may submit a comment by clicking on ``Comment Now!''
    <bullet> By hard copy: Submit comments by U.S. mail or hand-
delivery to: Public Comments Processing, Attn: FWS-HQ-ES-2017-0081; 
Division of Policy, Performance, and Management Programs; U.S. Fish and 
Wildlife Service; 5275 Leesburg Pike, MS: BPHC; Falls Church, VA 22041-
3803.
    See Public Comments, below, for more information about submitting 
comments.

FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of 
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife 
Service; MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803; 
telephone, 703-358-2171. If you use a telecommunications device for the 
deaf (TDD), call the Federal Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION:

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 to allow 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 post all comments on http://www.regulations.gov. 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 used in preparing this direct final rule, will be 
available for public inspection on the internet at http://www.regulations.gov. Please note that comments posted to http://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 the submission. Information regarding this rule is 
available in alternative formats upon request (see FOR FURTHER 
INFORMATION CONTACT).

Previous Federal Actions

    In a final rule published in the Federal Register on June 2, 1970 
(35 FR 8491), we listed the orangutan (Pongo pygmaeus) under the Act's 
precursor, the Endangered Species Conservation Act of 1969 (Pub. L. 91-
135), as an endangered species, and since then, the species has 
remained listed as an endangered species under the Act (16 U.S.C. 1531 
et seq.).

This Rule

Background

    We are directed by title 50 of the Code of Federal Regulations 
(CFR) at Sec. Sec.  17.11(c) and 17.12(b) (50 CFR 17.11(c) and 
17.12(b)) to use the most recently accepted scientific name of any 
wildlife or plant species, respectively, that we have determined to be 
an endangered or threatened species.

Taxonomy

    Orangutans were historically classified as one species with two 
subspecies, Pongo pygmaeus pygmaeus and P. p. abelii. In accordance 
with taxonomic classifications at the time, we listed the orangutan in 
1970, recognizing one species of orangutan (Pongo pygmaeus) as the 
listed entity occurring in Indonesia, Malaysia, and Brunei (35 FR 8491; 
June 2, 1970). However, the orangutan, currently only found in northern 
Sumatra (Indonesia) and Borneo (Indonesia and Malaysia), has recently 
been reclassified as belonging to two distinct species: P. pygmaeus, 
which occurs in Borneo (Malaysia and Indonesia), and P. abelii, which 
occurs in northern Sumatra (Indonesia) (Groves, in WWF Orangutan Action 
Plan, 1999, p. 27; Singleton et al. 2016, p. 3; Singleton et al. 2004, 
p. 181; Xu and Arnason 1996, p. 435; Brandon-Jones et al. 2004, pp. 
153-155; Zhang et al. 2001, pp. 522-525). Additionally, orangutans in 
Borneo (P. pygmaeus) are now recognized to contain three subspecies (P. 
pygmaeus pygmaeus, P. p. wurmbii, and P. p. morio) (Brandon-Jones et 
al. 2004, pp. 181, 193).
    While some scientists question the data and effectiveness of 
elevating Sumatran and Bornean orangutans to full species (Muir 1998, 
p. 378; Muir et al. 2000, pp. 476-479), species-level classification 
was advocated jointly in April 2000, by Conservation International, the 
International Union for the Conservation of Nature Species Survival 
Commission's Primate Specialist Group, and the Center for Environmental 
Research and Conservation (Orangutan Species Survival Plan 2015). The 
newer classification recognizing two distinct species is widely 
accepted today by most experts based on genetic and morphological data 
(Singleton et al. 2016, p. 3; Ancrenaz et al. 2016, p. 3).
    The entity that resides closest to Brunei is a subspecies of P. 
pygmaeus. Individual orangutans in Brunei are described as transient, 
and no permanent populations have been reported there (World Atlas of 
Great Apes and Their Conservation 2005, p. 427; Orangutan Foundation 
International 2017, no pagination).

Taxonomic Corrections Made in This Rule

    All orangutan populations are encompassed by the previous listed 
entity, Pongo pygmaeus. Using the best available scientific 
information, this direct final rule documents the reclassification of 
the orangutan as two distinct species, Pongo pygmaeus and Pongo abelii, 
on the List of Endangered and Threatened Wildlife (50 CFR 17.11(h)). 
This change is supported by published studies in peer-reviewed 
journals, and it does not affect the range or endangered status of the 
orangutan. If other Pongo species emerge due to future taxonomic 
revisions to further subdivide the genus Pongo, they would be 
encompassed by the original listing and this technical correction.

Use of Direct Final Rule

    The purpose of this direct final rule is to notify the public that 
we are revising the List of Endangered and Threatened Wildlife at 50 
CFR 17.11(h) to reflect the scientifically accepted taxonomy and 
nomenclature of the orangutan. In accordance with 50 CFR 17.11(c), we 
are revising the taxonomy of the orangutan to reflect the 
reclassification of the previously listed entity into two distinct 
species, acknowledging both Pongo pygmaeus and P. abelii as endangered 
species under the Act.
    We are publishing this final rule without a prior proposal because 
this is a technical action that is in the best interest of the public 
and should be undertaken in as timely a manner as possible. It does not 
alter the regulatory protections afforded to the orangutan but is a 
taxonomic revision necessary to acknowledge that both Pongo pygmaeus 
and Pongo abelii retain endangered status under the Act.
    This rule will be effective, as published in this document, on the 
effective date specified in DATES, unless we receive significant 
scientific

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information that provides strong justifications as to why this rule 
should not be adopted or why it should be changed on or before the 
comment due date specified in DATES.
    If we receive comments containing significant scientific 
information that provides strong justifications as to why this rule 
should not be adopted or why it should be changed regarding the 
taxonomic change for the orangutan, we will publish a document in the 
Federal Register withdrawing this rule before the effective date. If 
the rule is withdrawn, we may publish a proposed rule to initiate 
promulgation of this taxonomic revision or we may end the rulemaking 
process.

Required Determinations

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 (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 (43 FR 
49244).

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.

List of References Cited

    A list of the references cited in this direct final rule is 
provided in Docket No. FWS-HQ-ES-2017-0081 at http://www.regulations.gov.

List of Subjects in 50 CFR Part 17

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, Transportation.

Regulation Promulgation

    Accordingly, we hereby 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. Amend Sec.  17.11(h) by adding an entry for ``Orangutan'' [Pongo 
abelii] in alphabetical order by common and scientific name and 
revising the entry for ``Orangutan'' [Pongo pygmaeus] under MAMMALS to 
read as follows:


Sec.  17.11   Endangered and threatened wildlife.

* * * * *
    (h) * * *

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                                                                                              Listing citations
            Common name                Scientific name          Where listed       Status   and applicable rules
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              MAMMALS
 
                                                  * * * * * * *
Orangutan.........................  Pongo abelii.........  Wherever found.......        E   35 FR 8491, 6/2/
                                                                                             1970; 83 FR [Insert
                                                                                             Federal Register
                                                                                             page where the
                                                                                             document begins], 1/
                                                                                             16/2018.
Orangutan.........................  Pongo pygmaeus.......  Wherever found.......        E   35 FR 8491, 6/2/
                                                                                             1970; 83 FR [Insert
                                                                                             Federal Register
                                                                                             page where the
                                                                                             document begins], 1/
                                                                                             16/2018.
 
                                                  * * * * * * *
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    Dated: December 13, 2017.
James W. Kurth,
Deputy Director, U.S. Fish and Wildlife Service, exercising the 
authority of the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2018-00610 Filed 1-12-18; 8:45 am]
BILLING CODE 4333-15-P