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Home , Caribbean monk seal, Neomonachus

Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Rules and Regulations 68371

Room CY–B402, Washington, DC 20554, DEPARTMENT OF COMMERCE be publicly accessible. We will accept telephone 1–800–478–3160 or via the anonymous comments (enter ‘‘N/A’’ in company’s Web site, http://www. National Oceanic and Atmospheric the required fields if you wish to remain bcpiweb.com. To request materials in Administration anonymous), although submitting accessible formats for people with comments anonymously will prevent us disabilities (braille, large print, 50 CFR Parts 224 and 226 from contacting you if we have electronic files, audio format), send an [Docket No. 140930817–4817–01] difficulty retrieving your submission. email to [email protected] or call the Attachments to electronic comments RIN 0648–XD533 Consumer & Governmental Affairs will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Bureau at 202–418–0530 (voice), 202– Endangered and Threatened Wildlife 418–0432 (tty). and Plants; Technical Corrections for FOR FURTHER INFORMATION CONTACT: Jean Higgins, NMFS, Pacific Islands Regional This document does not contain the Hawaiian Office, 808–725–5151; or Marta information collection requirements AGENCY: National Marine Fisheries Nammack, NMFS, Office of Protected subject to the Paperwork Reduction Act Service (NMFS), National Oceanic and Resources (301) 427–8469. of 1995, Public Law 104–13. In addition, Atmospheric Administration (NOAA), SUPPLEMENTARY INFORMATION: therefore, it does not contain any Commerce. information collection burden ‘‘for ACTION: Direct final rule. Purpose of This Rule small business concerns with fewer than The purpose of our direct final rule is 25 employees,’’ pursuant to the Small SUMMARY: We, the National Marine to notify the public that we are revising Business Paperwork Relief Act of 2002, Fisheries Service, announce the revised the Enumeration of endangered marine Public Law 107–198, see 44 U.S.C. of Monachus schauinslandi and anadromous and the Critical 3506(c)(4). Provisions of the Regulatory () under the habitat for Hawaiian monk seals to Flexibility Act of 1980 do not apply to Endangered Species Act of 1973, as reflect the scientifically accepted this proceeding. amended (ESA). We are revising the taxonomy and nomenclature of one Enumeration of endangered marine and The Commission will send a copy of species listed under section 4 anadromous species and Critical habitat the Report and Order in a report to be of the ESA (16 U.S.C. 1531 et seq.). The for Hawaiian monk seals to reflect the changes to the Enumeration of sent to Congress and the Government scientifically accepted taxonomy and Accountability Office pursuant to the endangered marine and anadromous nomenclature of this species. We revise species (50 CFR 224.101(h)) and Critical Congressional review Act, see 5 U.S.C. the scientific name of the species as 801(a)(1)(A). habitat for Hawaiian monk seals (50 follows: schauinslandi (= CFR 226.201) reflect the most recently List of Subjects in 47 CFR Part 73 M. schauinslandi). accepted scientific name in accordance DATES: This rule is effective January 16, with 50 CFR 224.101(e). Television. 2015 without further action, unless We are publishing this rule without Federal Communications Commission. significant adverse comment is received prior proposal because this is a by December 17, 2014. Barbara A. Kreisman, noncontroversial action that does not ADDRESSES: You may submit comments, change the listing status of the species Chief, Video Division, Media Bureau. information, or data on this document, and, in the best interest of the regulated For the reasons discussed in the identified by NOAA–NMFS–2014–0128, public, should be undertaken in as preamble, the Federal Communications by any of the following methods: timely a manner as possible. This rule • Commission amends 47 CFR part 73 as Electronic Submissions: Submit all will be effective, as published in this follows: electronic comments via the Federal document on the effective date specified eRulemaking Portal. Go to in DATES, unless we receive significant PART 73—RADIO BROADCAST www.regulations.gov/ adverse comments on or before the SERVICES #!docketDetail;D=NOAA-NMFS-2014- comment due date specified in DATES. 0128, click the ‘‘Comment Now!’’ icon, Significant adverse comments are ■ 1. The authority citation for part 73 complete the required fields, and enter comments that provide strong continues to read as follows: or attach your comments. justification as to why our rule should • Mail: Submit written comments to not be adopted or why it should be Authority: 47 U.S.C. 154, 303, 334, 336, Regulatory Branch Chief, Protected changed. and 339. Resources Division, Pacific Islands If we receive significant adverse Regional Office, NMFS Protected § 73.622 [Amended] comments, we will publish a document Resources Division, 1845 Wasp Blvd., in the Federal Register withdrawing ■ 2. Section 73.622(i), the Post- Building 176, Honolulu, HI 96818. this rule before the effective date, and Transition Table of DTV Allotments Instructions: Comments sent by any we will engage in the normal under Georgia is amended by removing other method, to any other address or rulemaking process to promulgate these channel 51 and adding channel 31 at individual, or received after the end of changes to 50 CFR 224.101 and 50 CFR Rome. the comment period, may not be 226.201. considered by us. All comments [FR Doc. 2014–26991 Filed 11–14–14; 8:45 am] received are a part of the public record Background BILLING CODE 6712–01–P and will generally be posted for public Under section 224.101(e) of title 50 of viewing on www.regulations.gov the Code of Federal Regulations (CFR) without change. All personal identifying we use the most recently accepted information (e.g., name, address, etc.), scientific name of any species that we confidential business information, or have determined to be an endangered or otherwise sensitive information threatened species. Using the best submitted voluntarily by the sender will available scientific information, our

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direct final rule documents a taxonomic and taxonomic uniqueness. Because the businesses, or organizations. An agency change (scientific name) to the and Hawaiian monk seal may not conduct or sponsor, and a Hawaiian monk seal (50 CFR species form a monophyletic clade that person is not required to respond to, a 224.101(h); 226.201). The basis for the has no previously proposed genus-level collection of information unless it taxonomic change is supported by a name, the generic name Neomonachus displays a currently valid OMB control published study in a peer-reviewed was prescribed by Scheel et al. (2014) as number. journal. We revise the scientific name of a reference to the new genus within the This final rule simply makes this species under section 4 of the ESA monk seals and its ‘‘New World’’ taxonomic changes relative to a (16 U.S.C. 1531 et seq.) as follows: (Western Hemisphere) distribution. previous listing determination under the Neomonachus schauinslandi (= Within this newly recognized structure ESA, and does not change the listing Monachus schauinslandi). We make this the genus species name of the Hawaiian status of the Hawaiian monk seal. Per change to the Enumeration of monk seal and the NAO 216–6, section 6.03e, we have endangered marine and anadromous are Neomonachus schauinslandi and concluded that ESA listing species (50 CFR 224.101(h)) and to Neomonachus tropicalis, respectively. determinations are exempt from the Critical habitat for Hawaiian monk seals These changes result in technical requirements of the National (50 CFR 226.201) to reflect the most revisions to provisions related to monk Environmental Policy Act of 1969 (42 recently accepted scientific name in seals in 50 CFR 224.101(h) and 226.201. U.S.C. 4321 et seq.). accordance with 50 CFR 224.101(e). The taxonomic change for the Hawaiian References Cited Taxonomy Classification monk seal is catalogued in ZooBank, the official register for the International Neomonachus schauinslandi Scheel, D.M., et al., 2014. Biogeography and Commission on Zoological taxonomy of extinct and endangered monk The scientific name change of Nomenclature, and has been recognized seals illuminated by ancient DNA and Neomonachus schauinslandi (Hawaiian by NMFS and will be incorporated into skull morphology. ZooKeys, 1. monk seal) from Monachus all new NMFS publications pertaining schauinslandi is supported by genetic, to the species. This species will List of Subjects temporal, and morphological evidence continue to be listed as endangered and 50 CFR Part 224 (Scheel et al., 2014), which indicates a is subject to the same protections as closer relationship between the existed prior to these changes, and no Endangered and threatened species, Hawaiian monk seal and M. tropicalis other aspect of the entry for this species Exports, Imports, Reporting and (Caribbean monk seal), as well as in 50 CFR 224.101(h) will change as a recordkeeping requirements, significant divergence between these result of this rule. Transportation. two species and the endangered M. Required Determinations monachus (). 50 CFR Part 226 For the first time, Scheel et al. (2014) The Assistant Administrator for Endangered and threatened species. Fisheries finds that good cause exists to used molecular data from Caribbean Dated: November 12, 2014. monk seal skins to better describe the waive the requirement for prior notice relationship of this extinct species to the and opportunity for public comment, Samuel D. Rauch III, two living monk seal species pursuant to 5 U.S.C. 553(b)(B). Such Deputy Assistant Administrator for (Mediterranean and Hawaiian). procedures would be unnecessary as the Regulatory Programs, National Marine Fisheries Service. Phylogenetic analysis and divergence taxonomic changes made in this rule are time estimation revealed that the technical and reflect decisions already For the reasons set out in the Caribbean and Hawaiian monk seal taken in the scientific community. This preamble, we amend parts 224 and 226, species form a monophyletic clade and rule does not change the listing status of subchapter C of chapter II, title 50 of the that the common ancestor of these two the Hawaiian monk seal under the ESA, Code of Federal Regulations, as set forth species likely diverged from the and therefore does not alter the scope of below: Mediterranean monk seal lineage over 6 the regulated community, or add any million year ago (Scheel et al., 2014). new requirements. PART 224—ENDANGERED MARINE Morphological examinations of This action is not subject to review AND ANADROMOUS SPECIES specimens of the three species also under Executive Order 12866. Because a indicate distinctions between the general notice of proposed rulemaking ■ 1. The authority citation for part 224 Mediterranean monk seal and the is not required, the analytical continues to read as follows: Caribbean and Hawaiian species, which requirements of the Regulatory Authority: 16 U.S.C. 1531–1543 and 16 indicate variation in body size, pelage, Flexibility Act, 5 U.S.C. 601, et seq., are U.S.C. 1361 et seq. dentition, as well as bone form and inapplicable. structure (Scheel et al., 2014). The This final rule does not contain ■ 2. Revise the Hawaiian monk seal morphological distinctions and policies with federalism implications entry under § 224.101(h) to read as evolutionary divergence described by under Executive Order 13132. follows: Scheel et al. (2014) is equivalent to or This rule does not contain any new greater than levels of molecular and collections of information that require § 224.101 Enumeration of endangered morphological divergence between approval by OMB under the Paperwork marine and anadromous species. other sister phocid genera, and Reduction Act (44 U.S.C. 3501 et seq.). * * * * * recognition of the divergence between This rule will not impose recordkeeping (h) The endangered species under the the two extant species better describes or reporting requirements on State or jurisdiction of the Secretary of their evolutionary, ecomorphological, local governments, individuals, Commerce are:

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Species 1 Citation(s) for listing Description of listed determination(s) Critical habitat ESA rules Common name Scientific name entity

Marine

******* Seal, Hawaiian monk Neomonachus schauinslandi Entire Species ...... 41 FR 51611, Nov 226.201 NA (= Monachus schauinslandi.) 23, 1976.

******* 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 Atlantic EEZ on November 21, 2014, for through April each year as specified in HABITAT the remainder of the 2014 fishing year, 50 CFR 622.183(b)(1). During the through December 31, 2014. This action seasonal closure, no person may fish for, ■ 3. The authority citation for part 226 is necessary to protect the South harvest, or possess any gag in or from continues to read as follows: Atlantic gag resource. the South Atlantic EEZ. Therefore, the Authority: 16 U.S.C. 1533. DATES: This rule is effective 12:01 a.m., 2015 commercial gag season will not local time, November 21, 2014, until start until May 1, 2015. ■ 4. Revise the heading of the Hawaiian 12:01 a.m., local time, January 1, 2015. monk seal entry under § 226.201 to read The operator of a vessel with a valid as follows: FOR FURTHER INFORMATION CONTACT: commercial vessel permit for South Catherine Hayslip, telephone: 727–824– Atlantic snapper-grouper having gag § 226.201 Critical habitat for Hawaiian 5305, email: catherine.hayslip@ onboard must have landed and bartered, monk seals. noaa.gov. traded, or sold such gag prior to 12:01 a.m., local time, November 21, 2014. HAWAIIAN MONK SEAL SUPPLEMENTARY INFORMATION: The During this commercial closure, the bag snapper-grouper fishery of the South (Neomonachus schauinslandi limit and possession limits specified in Atlantic, which includes gag, is (=Monachus schauinslandi)) 50 CFR 622.187(b)(2)(i) and (c)(1), managed under the Fishery * * * * * respectively, apply to all harvest or Management Plan for the Snapper- [FR Doc. 2014–27181 Filed 11–14–14; 8:45 am] possession of gag in or from the South Grouper Fishery of the South Atlantic BILLING CODE 3510–22–P Atlantic EEZ, and the sale or purchase Region (FMP). The FMP was prepared of gag taken from the EEZ is prohibited. by the South Atlantic Fishery The prohibition on sale or purchase Management Council and is DEPARTMENT OF COMMERCE does not apply to the sale or purchase implemented under the authority of the of gag that were harvested, landed National Oceanic and Atmospheric Magnuson-Stevens Fishery ashore, and sold prior to 12:01 a.m., Administration Conservation and Management Act local time, November 21, 2014, and (Magnuson-Stevens Act) by regulations were held in cold storage by a dealer or 50 CFR Part 622 at 50 CFR part 622. processor. For a person on board a The commercial ACL or commercial [Docket No. 120924488–3671–02] vessel for which NMFS has issued a quota (quota) for gag in the South valid Federal commercial or charter RIN 0648–XD599 Atlantic is 326,722 lb (148,199 kg), vessel/headboat permit for South gutted weight, for the current fishing Atlantic snapper-grouper species, the Fisheries of the Caribbean, Gulf of year, as specified in 50 CFR sale and purchase provisions of the , and South Atlantic; Snapper- 622.190(a)(7). Grouper Fishery of the South Atlantic; In accordance with regulations at 50 commercial closure and the bag and 2014 Commercial Accountability CFR 622.193(c)(1), NMFS is required to possession limits apply regardless of Measure and Closure for South close the commercial sector for gag whether the fish are harvested in state Atlantic Gag when the quota has been reached, or is or Federal waters, as specified in 50 CFR 622.190(c)(1). AGENCY: National Marine Fisheries projected to be reached, by filing a Service (NMFS), National Oceanic and notification to that effect with the Office Classification Atmospheric Administration (NOAA), of the Federal Register. NMFS has projected that the quota for South The Regional Administrator, Commerce. Southeast Region, NMFS, has ACTION: Temporary rule; closure. Atlantic gag will be reached on November 21, 2014. Accordingly, the determined this temporary rule is SUMMARY: NMFS implements commercial sector for South Atlantic necessary for the conservation and accountability measures (AMs) for the gag is closed effective 12:01 a.m., local management of South Atlantic gag and commercial sector for gag in the time, November 21, 2014, until 12:01 is consistent with the Magnuson- exclusive economic zone (EEZ) of the a.m., local time, January 1, 2015. The Stevens Act and other applicable laws. South Atlantic. Commercial landings for recreational sector will continue to This action is taken under 50 CFR gag, as estimated by the Science remain open through December 31, 622.193(c)(1) and is exempt from review Research Director, are projected to reach 2014. under Executive Order 12866. the commercial annual catch limit Additionally, a seasonal closure is in These measures are exempt from the (ACL). Therefore, NMFS closes the place for the recreational and procedures of the Regulatory Flexibility commercial sector for gag in the South commercial sectors for gag from January Act because the temporary rule is issued

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