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Department of the Interior Vol. 81 Thursday, No. 150 August 4, 2016 Part II Department of the Interior Fish and Wildlife Service 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Amending the Formats of the Lists of Endangered and Threatened Wildlife and Plants; Final Rule VerDate Sep<11>2014 20:25 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04AUR2.SGM 04AUR2 sradovich on DSK3GMQ082PROD with RULES2 51550 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations DEPARTMENT OF THE INTERIOR U.S.C. 1531 et seq., (ESA)). The most proposed document. We have decreased recent compilation of Lists appeared in the total columns to 5 instead of 8 for Fish and Wildlife Service the 2015 edition of title 50 CFR, which both Lists by removing the ‘‘Historical was issued in early 2016. That range’’ columns, and combining the 50 CFR Part 17 compilation included regulatory ‘‘When listed’’, ‘‘Critical habitat’’ and [Docket No. FWS–R9–ES–2008–0063; amendments effective as of October 1, ‘‘Special rules’’ columns. 92300–1113–0000–9B] 2015. The species were placed on the Lists History of the Lists of Endangered and RIN 1018–AU62 as the result of rulemaking promulgated Threatened Species by the U.S. Fish and Wildlife Service Endangered and Threatened Wildlife (FWS), by the National Marine Fisheries The first endangered species list was and Plants; Amending the Formats of Service (NMFS) of the Department of published March 11, 1967 (32 FR 4001), the Lists of Endangered and Commerce’s National Oceanic and pursuant to the Endangered Species Threatened Wildlife and Plants Atmospheric Administration, or by both Preservation Act of 1966, and included AGENCY: Fish and Wildlife Service, agencies via joint rulemaking actions. only two columns, Common Name and Interior. References to ‘‘Services’’ in the text of Scientific Name. In 1970, after passage ACTION: Final rule. §§ 17.11 and 17.12 refer to both of these of the Endangered Species Conservation agencies. Act in 1969, that list was added to title SUMMARY: We, the U.S. Fish and The Lists represent the official 50 CFR in the newly created part 17. In Wildlife Service, amend the format of Federal Government record of which 1971, that list was divided into two the Lists of Endangered and Threatened species are listed and where they are separate lists with appendix A being the Wildlife and Plants (Lists) to reflect considered listed under the ESA. The ‘‘U.S. List of Endangered Foreign Fish current practices and standards that will Lists also contain information regarding and Wildlife’’ with three columns make the regulations and Lists easier to other designations and regulations (Common Name, Scientific Name, and issued under specific provisions of the understand. The Lists, in the new Where Found) and appendix D being ESA, such as section 4(d) regarding format, are included in their entirety the ‘‘United States’ List of Endangered threatened species, section 10(j) and have been updated to correct Native Fish and Wildlife’’ with only the identified errors. regarding experimental populations, and critical habitat. original two columns (Common Name DATES: This rule is effective August 4, and Scientific Name). 2016. Over time, we have noted numerous unintentional errors, ambiguous entries, In 1974, after enactment of the ESA, FOR FURTHER INFORMATION CONTACT: Don and confusing format and column titles the two appendices were moved to Morgan, Ecological Services Program, in the Lists. After detailed research on § 17.11 and § 17.12, with appendix A U.S. Fish and Wildlife Service, 5275 the origin, history, and purpose of the becoming § 17.11 (Foreign) and Leesburg Pike, Falls Church, VA 22041; Lists, we determined that the format, appendix D becoming § 17.12 (Native). telephone 703–358–2171. If you use a references, and standards needed to be telecommunications device for the deaf In 1975, the two lists were combined updated to better reflect current into one list at § 17.11 (Wildlife), and (TDD), call the Federal Information practices and standards. Consequently, the columns were expanded from three Relay Service (FIRS) at 800–877–8339. we published a proposed rule in the to eight (Common Name, Scientific SUPPLEMENTARY INFORMATION: Federal Register on August 5, 2008, to address these observed problems and Name, Population, Known Distribution, Background make corrections to enhance the clarity Portion of Range Where Endangered or The Lists of Endangered and of the Lists (73 FR 45383). In the rule Threatened, Status, When Listed, and Threatened Wildlife and Plants (Lists), portion of this document, we set forth Special Rules). See figure 1, below. The found in title 50 of the Code of Federal the corrected Lists in entirety in the new footnote system denoting ‘‘When Regulations (CFR) at 50 CFR 17.11 for format. Listed’’ found in the current CFR was wildlife and 50 CFR 17.12 for plants, created with 11 footnotes. Section 17.12 contain the names of endangered Summary of Changes From Proposed was reserved for ‘‘Endangered and species and threatened species officially Rule Threatened Plants’’. listed pursuant to the Endangered The following adjustments have been Species Act of 1973, as amended (16 made which are different from the FIGURE 1—FORMAT FOR THE ESA LIST FOR WILDLIFE IN THE 1975 VERSION OF 50 CFR 17.11 Species Range Population Portion of range Status When listed Special Common name Scientific name Known distribution where endangered rules or threatened In 1977, § 17.12 was populated with Portion of Range Where Threatened or § 17.12 List had its own footnote system, only seven columns (Common Name, Endangered, Status, When Listed, and which was only one footnote at that Scientific Name, Known Distribution, Special Rules). See figure 2, below. The time. VerDate Sep<11>2014 20:25 Aug 03, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\04AUR2.SGM 04AUR2 sradovich on DSK3GMQ082PROD with RULES2 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Rules and Regulations 51551 FIGURE 2—FORMAT FOR THE ESA LIST FOR PLANTS IN THE 1977 VERSION OF 50 CFR 17.12 Species Range Portion of range where Status When listed Special Common name Scientific name Known distribution threatened or rules endangered In 1980, the Lists underwent the last listed, Critical habitat, and Special name, Historic range, Vertebrate major formatting change prior to this rules; and the following columns for population where endangered or current rulemaking action. A proposed § 17.12 (Plants): Scientific name, threatened, Status, When listed, Critical rule was published on August 15, 1979 Common name, Historic range, Status, habitat, and Special rules. The final rule (44 FR 47862), proposing to include the When listed, Critical habitat, and adopted the columns for § 17.12 as they following columns for § 17.11 (Wildlife): Special rules. A final rule that had appeared in the proposed rule. See Common name, Scientific name, published on February 27, 1980 (45 FR figures 3 and 4. Historic range, Population where 13010), set forth the following columns endangered or threatened, Status, When for § 17.11: Common name, Scientific FIGURE 3—FORMAT FOR THE ESA LIST FOR WILDLIFE IN THE 1980 VERSION OF 50 CFR 17.11 Species Vertebrate population where Critical Special Historic range endangered or Status When listed habitat rules Common name Scientific name threatened FIGURE 4—FORMAT FOR THE ESA LIST FOR PLANTS IN THE 1980 VERSION OF 50 CFR 17.12 Species Historic Range Status When listed Critical Special Common name Scientific name habitat rules Neither the August 1979 proposed published in the new format with grouping of the plants, which had rule nor the February 1980 final rule corrections to technical errors on May resided in the scientific name column, included the entire contents of the Lists. 20, 1980 (45 FR 33767). On September was moved to a new column named The Lists in their entirety were 30, 1994 (59 FR 49848), the family ‘‘Family.’’ See figure 5. FIGURE 5—FORMAT FOR THE ESA LIST FOR PLANTS IN THE 1994 VERSION OF 50 CFR 17.12 Species Historic range Family Status When listed Critical Special Common name Scientific name habitat rules Rule Purpose species’ protections or status in any the Lists in 1979 that instituted this Through this rulemaking, we are way. Such actions would require footnote system, the Lists contained changing the format of the Lists to separate rulemaking actions following only 44 footnotes. The Lists now have include current practices and standards, the procedures of 50 CFR part 424. more than 800 footnotes, and, consequently, the footnote system has thereby ensuring that the regulations Renaming and Reorganizing the Lists’ become hard for us to manage and for and Lists are easy for the public to Columns understand. We are also standardizing the public to use. To correct this entries and correcting numerous errors With this rule, we are renaming, situation, we are replacing the footnote and ambiguous entries. Technical reorganizing, and removing columns in numbers that currently populate this corrections in this rulemaking include the Lists to clarify the types of column with the actual Federal Register updating or correcting footnotes, information being presented. The citation (volume and document starting references to certain other applicable following paragraphs describe the new page number) and publication date of portions of title 50 CFR, synonyms, and columns. the listing rule and other applicable rulemaking actions. We are also the spelling of species’ names. We also Changing ‘‘When Listed’’ to ‘‘Listing provide more current common names. Citations and Applicable Rules’’ correcting any errors contained in the Textual descriptions of the List format, previous footnotes or referenced such as the meaning of the column For both Lists, we are replacing the citations.
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