[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Rules and Regulations]
[Pages 68371-68373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27181]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 224 and 226

[Docket No. 140930817-4817-01]
RIN 0648-XD533


Endangered and Threatened Wildlife and Plants; Technical 
Corrections for the Hawaiian Monk Seal

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

ACTION: Direct final rule.

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SUMMARY: We, the National Marine Fisheries Service, announce the 
revised taxonomy of Monachus schauinslandi (Hawaiian monk seal) under 
the Endangered Species Act of 1973, as amended (ESA). We are revising 
the Enumeration of endangered marine and anadromous species and 
Critical habitat for Hawaiian monk seals to reflect the scientifically 
accepted taxonomy and nomenclature of this species. We revise the 
scientific name of the species as follows: Neomonachus schauinslandi (= 
M. schauinslandi).

DATES: This rule is effective January 16, 2015 without further action, 
unless significant adverse comment is received by December 17, 2014.

ADDRESSES: You may submit comments, information, or data on this 
document, identified by NOAA-NMFS-2014-0128, by any of the following 
methods:
    <bullet> Electronic Submissions: Submit all electronic comments via 
the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0128, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
    <bullet> Mail: Submit written comments to Regulatory Branch Chief, 
Protected Resources Division, Pacific Islands Regional Office, NMFS 
Protected Resources Division, 1845 Wasp Blvd., Building 176, Honolulu, 
HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by us. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous), although submitting comments anonymously will prevent us 
from contacting you if we have difficulty retrieving your submission. 
Attachments to electronic comments will be accepted in Microsoft Word, 
Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Jean Higgins, NMFS, Pacific Islands 
Regional Office, 808-725-5151; or Marta Nammack, NMFS, Office of 
Protected Resources (301) 427-8469.

SUPPLEMENTARY INFORMATION:

Purpose of This Rule

    The purpose of our direct final rule is to notify the public that 
we are revising the Enumeration of endangered marine and anadromous 
species and the Critical habitat for Hawaiian monk seals to reflect the 
scientifically accepted taxonomy and nomenclature of one mammal species 
listed under section 4 of the ESA (16 U.S.C. 1531 et seq.). The changes 
to the Enumeration of endangered marine and anadromous species (50 CFR 
224.101(h)) and Critical habitat for Hawaiian monk seals (50 CFR 
226.201) reflect the most recently accepted scientific name in 
accordance with 50 CFR 224.101(e).
    We are publishing this rule without prior proposal because this is 
a noncontroversial action that does not change the listing status of 
the species and, in the best interest of the regulated public, should 
be undertaken in as timely a manner as possible. This rule will be 
effective, as published in this document on the effective date 
specified in DATES, unless we receive significant adverse comments on 
or before the comment due date specified 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 before the 
effective date, and we will engage in the normal rulemaking process to 
promulgate these changes to 50 CFR 224.101 and 50 CFR 226.201.

Background

    Under section 224.101(e) of title 50 of the Code of Federal 
Regulations (CFR) we use the most recently accepted scientific name of 
any species that we have determined to be an endangered or threatened 
species. Using the best available scientific information, our

[[Page 68372]]

direct final rule documents a taxonomic change (scientific name) to the 
Hawaiian monk seal (50 CFR 224.101(h); 226.201). The basis for the 
taxonomic change is supported by a published study in a peer-reviewed 
journal. We revise the scientific name of this species under section 4 
of the ESA (16 U.S.C. 1531 et seq.) as follows: Neomonachus 
schauinslandi (= Monachus schauinslandi). We make this change to the 
Enumeration of endangered marine and anadromous species (50 CFR 
224.101(h)) and to Critical habitat for Hawaiian monk seals (50 CFR 
226.201) to reflect the most recently accepted scientific name in 
accordance with 50 CFR 224.101(e).

Taxonomy Classification

Neomonachus schauinslandi

    The scientific name change of Neomonachus schauinslandi (Hawaiian 
monk seal) from Monachus schauinslandi is supported by genetic, 
temporal, and morphological evidence (Scheel et al., 2014), which 
indicates a closer relationship between the Hawaiian monk seal and M. 
tropicalis (Caribbean monk seal), as well as significant divergence 
between these two species and the endangered M. monachus (Mediterranean 
monk seal). For the first time, Scheel et al. (2014) used molecular 
data from Caribbean monk seal skins to better describe the relationship 
of this extinct species to the two living monk seal species 
(Mediterranean and Hawaiian). Phylogenetic analysis and divergence time 
estimation revealed that the Caribbean and Hawaiian monk seal species 
form a monophyletic clade and that the common ancestor of these two 
species likely diverged from the Mediterranean monk seal lineage over 6 
million year ago (Scheel et al., 2014). Morphological examinations of 
specimens of the three species also indicate distinctions between the 
Mediterranean monk seal and the Caribbean and Hawaiian species, which 
indicate variation in body size, pelage, dentition, as well as bone 
form and structure (Scheel et al., 2014). The morphological 
distinctions and evolutionary divergence described by Scheel et al. 
(2014) is equivalent to or greater than levels of molecular and 
morphological divergence between other sister phocid genera, and 
recognition of the divergence between the two extant species better 
describes their evolutionary, ecomorphological, and taxonomic 
uniqueness. Because the Caribbean and Hawaiian monk seal species form a 
monophyletic clade that has no previously proposed genus-level name, 
the generic name Neomonachus was prescribed by Scheel et al. (2014) as 
a reference to the new genus within the monk seals and its ``New 
World'' (Western Hemisphere) distribution. Within this newly recognized 
structure the genus species name of the Hawaiian monk seal and the 
Caribbean monk seal are Neomonachus schauinslandi and Neomonachus 
tropicalis, respectively.
    These changes result in technical revisions to provisions related 
to monk seals in 50 CFR 224.101(h) and 226.201. The taxonomic change 
for the Hawaiian monk seal is catalogued in ZooBank, the official 
register for the International Commission on Zoological Nomenclature, 
and has been recognized by NMFS and will be incorporated into all new 
NMFS publications pertaining to the species. This species will continue 
to be listed as endangered and is subject to the same protections as 
existed prior to these changes, and no other aspect of the entry for 
this species in 50 CFR 224.101(h) will change as a result of this rule.

Required Determinations

    The Assistant Administrator for Fisheries finds that good cause 
exists to waive the requirement for prior notice and opportunity for 
public comment, pursuant to 5 U.S.C. 553(b)(B). Such procedures would 
be unnecessary as the taxonomic changes made in this rule are technical 
and reflect decisions already taken in the scientific community. This 
rule does not change the listing status of the Hawaiian monk seal under 
the ESA, and therefore does not alter the scope of the regulated 
community, or add any new requirements.
    This action is not subject to review under Executive Order 12866. 
Because a general notice of proposed rulemaking is not required, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., are inapplicable.
    This final rule does not contain policies with federalism 
implications under Executive Order 13132.
    This rule does not contain any new collections of information that 
require approval by OMB under the Paperwork Reduction Act (44 U.S.C. 
3501 et seq.). This rule will not impose recordkeeping or reporting 
requirements on State or local governments, individuals, businesses, or 
organizations. An agency may not conduct or sponsor, and a person is 
not required to respond to, a collection of information unless it 
displays a currently valid OMB control number.
    This final rule simply makes taxonomic changes relative to a 
previous listing determination under the ESA, and does not change the 
listing status of the Hawaiian monk seal. Per NAO 216-6, section 6.03e, 
we have concluded that ESA listing determinations are exempt from the 
requirements of the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).

References Cited

Scheel, D.M., et al., 2014. Biogeography and taxonomy of extinct and 
endangered monk seals illuminated by ancient DNA and skull 
morphology. ZooKeys, 1.

List of Subjects

50 CFR Part 224

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

50 CFR Part 226

    Endangered and threatened species.

    Dated: November 12, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, we amend parts 224 and 
226, subchapter C of chapter II, title 50 of the Code of Federal 
Regulations, as set forth below:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

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

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



0
2. Revise the Hawaiian monk seal entry under Sec.  224.101(h) to read 
as follows:


Sec.  224.101  Enumeration of endangered marine and anadromous species.

* * * * *
    (h) The endangered species under the jurisdiction of the Secretary 
of Commerce are:

[[Page 68373]]



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                                          Species \1\
-----------------------------------------------------------------------------------------------  Citation(s) for listing     Critical
                                                                        Description of listed       determination(s)          habitat        ESA rules
             Common name                      Scientific name                  entity
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                                                                     Marine Mammals
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                                                                      * * * * * * *
Seal, Hawaiian monk..................  Neomonachus schauinslandi      Entire Species..........  41 FR 51611, Nov 23,             226.201              NA
                                        (= Monachus schauinslandi.).                             1976.
 
                                                                      * * * * * * *
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\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
  evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

PART 226--DESIGNATED CRITICAL HABITAT

0
3. The authority citation for part 226 continues to read as follows:

    Authority: 16 U.S.C. 1533.


0
4. Revise the heading of the Hawaiian monk seal entry under Sec.  
226.201 to read as follows:


Sec.  226.201  Critical habitat for Hawaiian monk seals.

HAWAIIAN MONK SEAL
    (Neomonachus schauinslandi (=Monachus schauinslandi))
* * * * *
[FR Doc. 2014-27181 Filed 11-14-14; 8:45 am]
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