Federal Register/Vol. 81, No. 203/Thursday, October 20, 2016/Rules and Regulations

Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72545

DEPARTMENT OF COMMERCE November 19, 2013; 79 FR 9880, five threat factors: The present or February 21, 2014; and 79 FR 10104, threatened destruction, modification, or National Oceanic and Atmospheric February 24, 2014). On September 23, curtailment of its habitat or range; Administration 50 CFR Parts 223 and 2015, we published a proposed rule to overutilization for commercial, 224 list the gulf grouper (Mycteroperca recreational, scientific, or educational jordani) as an endangered species and [Docket No. 150527481–6928–02] purposes; disease or predation; the the island grouper (Mycteroperca fusca) inadequacy of existing regulatory RIN 0648–XD971 as a threatened species (80 FR 57314). mechanisms; or other natural or We requested public comment on the manmade factors affecting its continued Endangered and Threatened Wildlife information in the draft status review existence. We are also required to make and Plants: Final Rule To List the and proposed rule, and the comment listing determinations based solely on Island Grouper (Mycteroperca fusca) period was open through November 23, as Threatened and the Gulf Grouper 2015. This final rule provides a the best scientific and commercial data (Mycteroperca jordani) as Endangered discussion of the information we available, after conducting a review of Under the Endangered Species Act received during the public comment the species’ status and after taking into period and our final determinations on account efforts being made by any State AGENCY: National Marine Fisheries the petition to list the gulf grouper and or foreign nation to protect the species. Service (NMFS), National Oceanic and island grouper under the ESA. The In making a listing determination, we Atmospheric Administration (NOAA), status of the findings and relevant Commerce. first determine whether a petitioned Federal Register notices for the other 22 species meets the ESA definition of a ACTION: Final rule. species and 3 subpopulations can be ‘‘species.’’ Next, using the best available found on our Web site at http:// SUMMARY: We, NMFS, issue a final rule information gathered during the status www.nmfs.noaa.gov/pr/species/ to list two foreign grouper species under review for the species, we complete a petition81.htm. the Endangered Species Act (ESA). We status and extinction risk assessment. In considered comments submitted on the Listing Species Under the Endangered assessing extinction risk for these two proposed listing rule and have Species Act grouper species, we considered the determined that the gulf grouper We are responsible for determining demographic viability factors developed (Mycteroperca jordani) and the island whether species are threatened or by McElhany et al. (2000). The approach grouper (Mycteroperca fusca) warrant endangered under the ESA (16 U.S.C. of considering demographic risk factors listing as endangered and threatened 1531 et seq.). To make this to help frame the consideration of species, respectively. We will not determination, we first consider extinction risk has been used in many designate critical habitat for either of whether a group of organisms of our status reviews, including for these species because the geographical constitutes a ‘‘species’’ under the ESA, Pacific salmonids, Pacific hake, walleye areas occupied by these species are then whether the status of the species pollock, Pacific cod, Puget Sound entirely outside U.S. jurisdiction, and qualifies it for listing as either rockfishes, Pacific herring, scalloped we have not identified any unoccupied threatened or endangered. Section 3 of hammerhead sharks, and black abalone areas within U.S. jurisdiction that are the ESA defines a ‘‘species’’ to include (see http://www.nmfs.noaa.gov/pr/ currently essential to the conservation ‘‘any subspecies of fish or wildlife or species/ for links to these reviews). In of either of these species. plants, and any distinct population this approach, the collective condition DATES: This final rule is effective segment of any species of vertebrate fish of individual populations is considered November 21, 2016. or wildlife which interbreeds when at the species level according to four mature.’’ ADDRESSES: Chief, Endangered Species viable population descriptors: Division, NMFS Office of Protected Section 3 of the ESA defines an endangered species as ‘‘any species Abundance, growth rate/productivity, Resources (F/PR3), 1315 East West spatial structure/connectivity, and Highway, Silver Spring, MD 20910. which is in danger of extinction throughout all or a significant portion of diversity. These viable population FOR FURTHER INFORMATION CONTACT: its range’’ and a threatened species as descriptors reflect concepts that are Marta Nammack, NMFS, Office of one ‘‘which is likely to become an well-founded in conservation biology Protected Resources (OPR), (301) 427– endangered species within the and that individually and collectively 8469. foreseeable future throughout all or a provide strong indicators of extinction SUPPLEMENTARY INFORMATION: significant portion of its range.’’ We risk (NMFS 2015). interpret an endangered species to be Background We then assess efforts being made to one that is presently in danger of protect the species to determine if these On July 15, 2013, we received a extinction. A threatened species, on the conservation efforts are adequate to petition from WildEarth Guardians to other hand, is not presently in danger of mitigate the existing threats. Section list 81 marine species or subpopulations extinction, but is likely to become so in 4(b)(1)(A) of the ESA requires the as threatened or endangered under the the foreseeable future (that is, at a later Secretary, when making a listing ESA. This petition included species time). In other words, the primary determination for a species, to take into from many different taxonomic groups, statutory difference between a consideration those efforts, if any, being and we prepared our 90-day findings in threatened and endangered species is made by any State or foreign nation to batches by taxonomic group. We found the timing of when a species may be in protect the species. that the petitioned actions may be danger of extinction, either presently warranted for 24 of the species and 3 of (endangered) or in the foreseeable future Summary of Comments the subpopulations and announced the (threatened). initiation of status reviews for each of Section 4(a)(1) of the ESA requires us In response to our request for the 24 species and 3 subpopulations (78 to determine whether any species is comments on the proposed rule, we FR 63941, October 25, 2013; 78 FR endangered or threatened due to any received comments from eight parties. 66675, November 6, 2013; 78 FR 69376, one or a combination of the following All commenters presented general

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information on threats or provided data section 7 of the ESA to ensure that the particular protections under the other that were already cited, discussed, and action is not likely to jeopardize the sections of the ESA, or that such considered in the draft status review continued existence of any species protections will be afforded where the reports (Dennis 2015; Salz 2015) or the listed under the ESA. species is found, is not a precondition proposed rule (80 FR 57314; September Comment 3: One commenter asserted to listing. As we noted in our response 23, 2015). Summaries of the substantive that Mexico has an 8,000 km2 area to Comment 3, although we have no public comments received, and our where gill nets are illegal, but more authority with respect to how other responses, are provided below, with efforts are needed to protect the two countries manage species within their references to our prior documents where grouper species. territories, we encourage Spain, relevant. Response: Although we have no Portugal, and Mexico to provide for the Comment 1: One commenter noted authority with respect to how other conservation of these species that are that WildEarth Guardians had submitted countries manage species within their found in their waters. Please see our the petition to list these two grouper territories, we encourage Spain, response to Comment 4 for a summary species and wondered at what level we Portugal, and Mexico to provide for the of protections that will apply to the involved WildEarth Guardians or other conservation of these species that are endangered gulf grouper and threatened organizations in the process of making found in their waters. island grouper. the assessment. Comment 4: One commenter stated Comment 6: One commenter stated Response: WildEarth Guardians did that he understood the need to protect that it would be helpful if other not have any role in evaluating the these grouper species, but he asserted countries would realize that the status of the two grouper species under that ESA protection will not have the imminent threats of tidal power, the ESA beyond providing us with the protective effect NMFS is seeking, desalination, commercial fishing, and information in its petition. especially for the gulf grouper. This waste runoff are big factors in the Comment 2: Most commenters commenter noted that the gulf grouper degradation and loss of habitat for these expressed support for the proposed rule, has limited habitat, the habitat is grouper species and that they would though several recommended we threatened by dams, and ESA listing follow through to begin addressing these consider economic and social impacts will not help. The commenter suggested issues and help bring these groupers on the tourism and fishing industries that NMFS consider public outreach to back to viable numbers. when determining what is restricted and bring attention to the many problems Response: Again, although we have prohibited or when developing recovery dams cause. no authority with respect to how other plans. One of these commenters noted Response: While it is true that fewer countries manage species within their that U.S. fishing companies will suffer protections apply under the ESA for territories, we encourage Spain, if the gulf grouper is listed as foreign species, important protections Portugal, and Mexico to provide for the endangered under the ESA because do apply. All persons subject to the conservation of these species that are Mexico will not have regulations and jurisdiction of the United States found in their waters. laws for bycatch prevention devices and (including its citizens) must comply Comment 7: One commenter Mexican fishers do not have to abide by with section 9 of the ESA, which, suggested a campaign to increase the ESA. And another commenter among other things, makes it unlawful recreational scuba diving aimed at suggested allowing small amounts of to import endangered species into the hunting lionfish for sport, feeding them sustainable yield to support those United States or to export them from the to the gulf grouper, and serving them at industries dependent on these two United States, or to ‘‘take’’ endangered restaurants as an effective tool for groupers. species within the territorial sea of the conserving gulf grouper (and lionfish Response: The ESA requires us to United States or upon the high seas (16 eradication), as this has been successful base our listing determinations solely on U.S.C. 1538(a)(1)(A)–(C)). Also, any in helping eradicate lionfish in the the best available scientific and Federal agency that funds, authorizes, or Caribbean. commercial information. We may not carries out an action that may affect an Response: We appreciate the consider economic or social impacts in ESA listed species must consult with us commenter’s suggestion, but this is making these determinations. When a under section 7 of the ESA to ensure beyond the scope of our final rule. species is listed as endangered, the ESA that the action is not likely to jeopardize section 9 prohibitions are automatically the continued existence of any species Summary of Changes From the extended to that species. The gulf listed under the ESA. In addition, listing Proposed Listing Rule grouper is listed as endangered, and provides important educational benefits We did not receive, nor did we find, therefore, it is a violation for anybody by informing the public about the plight scientific data from references that were subject to U.S. jurisdiction to harvest of these species and promotes not previously included in the draft this species in U.S. waters or on the conservation actions by Federal and status review reports (Dennis 2015; Salz high seas. State agencies, foreign entities, private 2015) and proposed rule (80 FR 57314; Therefore, we cannot authorize even groups, and individuals. September 23, 2015). We incorporate, as small amounts of harvest of this species Comment 5: One commenter appropriate, relevant information to support the fishing industry. wondered why NMFS was listing the received as communications during the However, when a species is listed as island grouper, which is a foreign public comment process. threatened, section 9 prohibitions are species. The commenter noted that ESA However, this information does not not automatically extended to that listing would have no legal impact, and present significant new findings that species. In this case, we have not it would be better to impose a ≥700mm change any of our proposed listing extended any section 9 prohibitions to size limit for these two grouper species. determinations. the threatened island grouper, so there Response: Section 4 of the ESA is no prohibition against harvesting requires that we list any species that we Status Review them. However, any Federal agency that determine to be endangered or Status reviews for the gulf grouper funds, authorizes, or carries out an threatened, whether it occurs within the and the island grouper were conducted action that may affect an ESA listed United States or elsewhere. by NMFS OPR staff and an in-house species must consult with us under Demonstrating a need to secure contractor. In order to complete the

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status reviews, we compiled we incorporate herein all information, al. 2004, Sa´enz-Arroyo et al. 2005a, information on the species’ biology, discussion, and conclusions on the Aburto-Oropeza et al. 2008) and, due to ecology, life history, threats, and summary of factors affecting the two the lack of protective regulations in conservation status from information grouper species in the status review Mexico (no meaningful quotas nor contained in the petition, our files, a reports (Dennis 2015; Salz 2015) and protective regulations for gulf grouper), comprehensive literature search, and proposed rule (80 FR 57314; September there is no reason to expect fishing to consultation with experts. Prior to 23, 2015). be a diminishing threat. publication of the proposed rule, the Moreover, gulf grouper are status review reports were subjected to Extinction Risk intrinsically vulnerable to overfishing peer review. Peer reviewer comments None of the comments we received due to life history traits, including large are available at http://www.cio.noaa from public comment on the proposed size, late onset of reproductive maturity, .gov/services_programs/prplans/ rule affected our extinction risk protogynous hermaphrodite life history, PRsummaries.html. evaluations of these two grouper transient aggregate spawning, slow The status review reports provide a species. Our evaluations and growth rate, long life-span, and thorough discussion of the life history, conclusions regarding extinction risk for restricted geographic range (Sadovy de demographic risks, and threats to the these species remain the same. Mitcheson et al. 2012). Based on the two grouper species. We considered all Therefore, we incorporate herein all best available information, we find that identified threats, both individually and information, discussion, and the gulf grouper is in danger of cumulatively, to determine whether conclusions on the extinction risk of the extinction throughout its range. After these grouper species respond in a way two grouper species in the status review considering efforts being made to that causes actual impacts at the species reports (Dennis 2015; Salz 2015) and protect this species, we could not level. The collective condition of proposed rule (80 FR 57314; September conclude that the existing or proposed individual populations was also 23, 2015). conservation efforts would alter its considered at the species level, extinction risk. We therefore list it as according to the four viable population Protective Efforts endangered under the ESA. descriptors discussed above. Finally, we considered conservation The proposed rule (80 FR 57314; efforts to protect both species and Island Grouper September 23, 2015) summarizes evaluated whether these conservation Based on the best available scientific general background information on the efforts are adequate to mitigate the and commercial information, as description, reproductive biology and existing threats to the point where summarized here, in our proposed rule spawning behavior, population extinction risk is significantly lowered (80 FR 57314; September 23, 2015), and structure, distribution, abundance, and and the species’ status is improved. in Salz (2015), and consideration of habitat of the gulf grouper and island None of the information we received protective efforts being made to protect grouper. All of that information is from public comment on the proposed the species, we find that the island incorporated herein. rule affected our conclusions regarding grouper (Mycteroperca fusca) is at a conservation efforts to protect the two moderate risk of extinction. The nature Species Determinations grouper species. We incorporate herein of the threats and demographic risks Based on the best available scientific all information, discussion, and identified, taking into account the and commercial information described conclusions on the protective efforts for uncertainty associated with the threats or referenced above, and included in the the two grouper species in the status and risks, does not demonstrate the status review reports, and as stated in review reports (Dennis 2015; Salz 2015) species is presently in danger of the proposed rule (80 FR 57314; and proposed rule (80 FR 57314; extinction; and therefore, it does not September 23, 2015), we have September 23, 2015). meet the definition of an endangered determined that the gulf grouper species. (Mycteroperca jordani) and the island Final Determinations However, the current threats to island grouper (Mycteroperca fusca) are We have reviewed the best available grouper from fishing overutilization and taxonomically-distinct species and scientific and commercial information, inadequate regulatory mechanisms are therefore meet the definition of including the petition, the information likely to continue in the future, further ‘‘species’’ pursuant to section 3 of the in the status review reports (Dennis exacerbating the demographic risk ESA and are eligible for listing under 2015; Salz 2015), the comments of peer factors associated with abundance, the ESA. reviewers, and public comments. growth rate and productivity, and Following are summaries of our listing spatial structure and connectivity. We Summary of Factors Affecting the Two determinations for these two species. conclude that both the species’ current Species risk of extinction and the best available Gulf Grouper Next we consider whether any one or information on the extent of, and trends a combination of the five threat factors Based on the best available scientific in, the major threats affecting this specified in section 4(a)(1) of the ESA and commercial information, as species make it likely this species will contribute to the extinction risk of these summarized here, in our proposed rule become an endangered species within species. The comments that we received (80 FR 57314; September 23, 2015), and the foreseeable future (defined as 40 on the proposed rule did not change our in Dennis (2015), and consideration of years, as explained in the proposed rule conclusions regarding any of the section protective efforts being made to protect (80 FR 57314; September 23, 2015)) 4(a)(1) factors or their interactions for the species, we find that the gulf throughout its range. We therefore list it these species. In fact, the comments grouper (Mycteroperca jordani) is at a as threatened under the ESA. lend further support to our conclusion high risk of extinction. The gulf grouper that the threats of overutilization and was once considered abundant, and Effects of Listing inadequacy of existing regulatory now it is rare (Jenkins and Evermann Conservation measures provided for mechanisms are contributing 1889, Croker 1937, and Sa´enz-Arroyo et species listed as endangered or significantly to the risk of extinction for al. 2005a). Direct harvest is the major threatened under the ESA include both Mycteroperca species. Therefore, reason for gulf grouper decline (Sala et recovery actions (16 U.S.C. 1533(f));

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Federal agency requirements to consult Section 4(a)(3)(A) of the ESA (16 U.S.C. grouper include, but are not limited to, with NMFS under section 7 of the ESA 1533(a)(3)(A)) requires that, to the the following: to ensure their actions do not jeopardize extent prudent and determinable, (1) Possessing, delivering, the species or result in adverse critical habitat be designated transporting, or shipping any individual modification or destruction of critical concurrently with the listing of a or part (dead or alive) taken in violation habitat should it be designated (16 species. However, critical habitat shall of section 9(a)(1); U.S.C. 1536); designation of critical notbe designated in foreign countries or (2) Delivering, receiving, carrying, habitat if prudent and determinable (16 other areas outside U.S. jurisdiction (50 transporting, or shipping in interstate or U.S.C. 1533(a)(3)(A)); and prohibitions CFR 424.12(g)). foreign commerce any individual or on taking (16 U.S.C. 1538). In addition, The best available scientific and part, in the course of a commercial recognition of the species’ plight commercial information as discussed activity; through listing promotes conservation above, the status review reports (Dennis (3) Selling or offering for sale in actions by Federal and State agencies, 2015; Salz 2015), and the proposed rule interstate or foreign commerce any foreign entities, private groups, and (80 FR 57314; September 23, 2015) does individual or part, except antique individuals. Because the ranges of these not indicate that U.S. waters provide articles at least 100 years old; and two species are entirely outside U.S. any specific essential biological or (4) Importing or exporting gulf jurisdiction, the main effects of this physical function for the gulf grouper. grouper or any part of this species. We emphasize that whether a final rule are the prohibitions on take, U.S. waters account for a very small particular activity constitutes a violation including export and import, of the portion on the northern limit of the gulf is entirely dependent upon the facts and endangered gulf grouper. grouper’s historical range, and may no circumstances of each incident. Further, longer be part of the species’ current Identifying Section 7 Consultation an activity not listed above may in fact range. Based on the best available Requirements constitute a violation. information, we have not identified Section 7(a)(2) (16 U.S.C. 1536(a)(2)) unoccupied areas in U.S. waters that are Identification of Those Activities That of the ESA and NMFS/USFWS currently essential to the conservation Would Not Likely Constitute a Violation regulations require Federal agencies to of gulf grouper. Therefore, based on the of Section 9 of the ESA consult with us to ensure that activities available information, we do not intend they authorize, fund, or carry out are not Although the determination of to designate critical habitat for the gulf likely to jeopardize the continued whether any given activity constitutes a existence of listed species or destroy or grouper. violation is fact dependent, we consider adversely modify critical habitat. It is The island grouper occurs entirely the following actions, depending on the unlikely that the listing of these species outside of the United States. Therefore, circumstances, as being unlikely to under the ESA will increase the number we cannot designate critical habitat for violate the prohibitions in ESA section of section 7 consultations, because these island grouper. 9 with regard to M. jordani: (1) Take species occur entirely outside of the Identification of Those Activities That authorized by, and carried out in United States and are unlikely to be Would Likely Constitute a Violation of accordance with the terms and affected by Federal actions. Although Section 9 of the ESA conditions of, an ESA section the gulf grouper’s historical range 10(a)(1)(A) permit issued by NMFS for includes parts of Southern California, On July 1, 1994, NMFS and FWS purposes of scientific research or the there are no recent records indicating published a policy (59 FR 34272) that enhancement of the propagation or that this species still exists in U.S. requires us to identify, to the maximum survival of the species; and (2) waters. extent practicable at the time a species continued possession of parts that were is listed, those activities that would or in possession at the time of listing. Such Critical Habitat would not likely constitute a violation parts may be non-commercially Critical habitat is defined in section 3 of section 9 of the ESA. Because we are exported or imported; however the of the ESA (16 U.S.C. 1532(5)) as: (1) listing Mycteroperca jordani as importer or exporter must be able to The specific areas within the endangered, all of the prohibitions of provide evidence to show that the parts geographical area occupied by a species, section 9(a)(1) of the ESA will apply to meet the criteria of ESA section 9(b)(1) at the time it is listed in accordance this species. These include prohibitions (i.e., held in a controlled environment at with the ESA, on which are found those against the import, export, interstate or the time of listing, in a non-commercial physical or biological features (a) foreign trade (including delivery, activity). essential to the conservation of the receipt, carriage, shipment, transport, Section 11(f) of the ESA gives NMFS species and (b) that may require special sale and offering for sale), and ‘‘take’’ of authority to promulgate regulations that management considerations or these species. These prohibitions apply may be appropriate to enforce the ESA. protection; and (2) specific areas outside to all persons subject to the jurisdiction We may promulgate future regulations the geographical area occupied by a of the United States, including in the to regulate trade or holding of gulf species at the time it is listed upon a United States, its territorial sea, or on grouper, if necessary. We will provide determination that such areas are the high seas. Take is defined as ‘‘to the public with the opportunity to essential for the conservation of the harass, harm, pursue, hunt, shoot, comment on future proposed species. Our regulations at 50 CFR wound, kill, trap, capture, or collect, or regulations. 424.12(b) specify that the Secretary will to attempt to engage in any such identify, at a scale determined by the conduct.’’ The intent of this policy is to Protective Regulations Under Section Secretary to be appropriate, specific increase public awareness of the effects 4(d) of the ESA areas outside the geographical area of this listing on proposed and ongoing We are listing the island grouper as a occupied by the species that are activities within the species’ ranges. threatened species. In the case of essential for its conservation, Activities that we believe could (subject threatened species, ESA section 4(d) considering the life history, status, and to the exemptions set forth in 16 U.S.C. leaves it to the Secretary’s discretion conservation needs of the species based 1539) result in a violation of section 9 whether, and to what extent, to extend on the best available scientific data. prohibitions for the endangered gulf the section 9(a) ‘‘take’’ prohibitions to

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the species, and authorizes us to issue information that may be considered List of Subjects in 50 CFR Part 224 regulations necessary and advisable for when assessing species for listing. Based Administrative practice and the conservation of the species. Thus, on this limitation of criteria for a listing procedure, Endangered and threatened we have flexibility under section 4(d) to decision and the opinion in Pacific species, Exports, Imports, Reporting and tailor protective regulations, taking into Legal Foundation v. Andrus, 675 F.2d recordkeeping requirements, account the effectiveness of available 825 (6th Cir. 1981), NMFS has Transportation. conservation measures. The 4(d) concluded that ESA listing actions are protective regulations may prohibit, not subject to the environmental Dated: October 11, 2016. with respect to threatened species, some assessment requirements of the National Samuel D. Rauch, III, or all of the acts which section 9(a) of Environmental Policy Act (NEPA). Deputy Assistant Administrator for the ESA prohibits with respect to Regulatory Programs, National Marine endangered species. These 9(a) Executive Order 12866, Regulatory Fisheries Service. prohibitions apply to all individuals, Flexibility Act, and Paperwork For the reasons set out in the organizations, and agencies subject to Reduction Act preamble, 50 CFR parts 223 and 224 are U.S. jurisdiction. amended as follows: Because the island grouper occurs As noted in the Conference Report on entirely outside of the United States, the 1982 amendments to the ESA, PART 223—THREATENED MARINE and is not commercially traded with the economic impacts cannot be considered AND ANADROMOUS SPECIES United States, extending the section 9(a) when assessing the status of a species. ‘‘take’’ prohibitions to this species will Therefore, this final rule is exempt from ■ 1. The authority citation for part 223 not result in added conservation review under Executive Order 12866 continues to read as follows: and the economic analysis requirements benefits or species protection. Authority: 16 U.S.C. 1531 1543; subpart B, Therefore, we do not intend to issue of the Regulatory Flexibility Act are not § 223.201–202 also issued under 16 U.S.C. section 4(d) regulations for the island applicable to the listing process. This 1361 et seq.; 16 U.S.C. 5503(d) for grouper. final rule does not contain a collection- § 223.206(d)(9). of-information requirement for the ■ References purposes of the Paperwork Reduction 2. In § 223.102, in the table in A complete list of the references used Act. paragraph (e), add an entry for in this final rule is available upon ‘‘Grouper, island’’ under Fishes in Executive Order 13132, Federalism alphabetical order by common name to request (see ADDRESSES). read as follows: Classification In accordance with E.O. 13132, we determined that this final rule does not § 223.102 Enumeration of threatened National Environmental Policy Act have significant Federalism effects and marine and anadromous species. The 1982 amendments to the ESA, in that a Federalism assessment is not * * * * * section 4(b)(1)(A), restrict the required. (e) * * *

Species1 Description of listed Citation(s) for listing determination(s) Critical habitat ESA rules Common name Scientific name entity

Fishes

******* Grouper, island ...... Mycteroperca fusca Entire species ...... [Insert Federal Register page where the NA NA document begins], October 20, 2016.

******* 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 224—ENDANGERED MARINE ■ 4. In § 224.101, in the table in § 224.101 Enumeration of endangered AND ANADROMOUS SPECIES paragraph (h), add an entry for marine and anadromous species. ‘‘Grouper, gulf’’ under Fishes in * * * * * ■ 3. The authority citation for part 224 alphabetical order by common name to (h) * * * continues to read as follows: read as follows: Authority: 16 U.S.C. 1531–1543 and 16 U.S.C. 1361 et seq.

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Species1 Description of listed Citation(s) for listing determination(s) Critical habitat ESA rules Common name Scientific name entity

Fishes

******* Grouper, gulf ...... Mycteroperca Entire species ...... [Insert Federal Register page where the NA NA jordani. document begins], October 20, 2016.

[FR Doc. 2016–25420 Filed 10–19–16; 8:45 am] BILLING CODE 3510–22–P

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