Federal Register/Vol. 81, No. 129/Wednesday, July 6, 2016

Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Proposed Rules 43979

References Cited Georgia Basin canary rockfish otherwise sensitive information Lists of the references cited in the population does not meet the DPS submitted voluntarily by the sender will petition findings are available on the criteria and therefore does not qualify be publicly accessible. We will accept Internet at http://www.regulations.gov for listing under the ESA. anonymous comments (enter ‘‘N/A’’ in We also propose to update and amend and upon request from the appropriate the required fields if you wish to remain the listing description for the Puget person, as specified under FOR FURTHER anonymous). Sound/Georgia Basin yelloweye rockfish INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Dan (S. ruberrimus) DPS based on a Tonnes, NMFS, West Coast Region, Authors geographic description to include fish Protected Resources Division, 206–526– The primary authors of this document within specified boundaries. Further, 4643; or Chelsey Young, NMFS, Office are the staff members of the Unified although the current listing description of Protected Resources, 301–427–8403. Listing Team, Ecological Services is not based on boundaries, with this SUPPLEMENTARY INFORMATION: Program. proposal we are also correcting a descriptive boundary for the DPS Background Authority depicted on maps to include an area in We have been petitioned several times The authority for this section is the northern Johnstone Strait and Queen to list various ‘‘DPSs’’ of rockfish in the section 4 of the Endangered Species Act Charlotte Channel in waters of Canada Puget Sound region. In response to a of 1973, as amended (16 U.S.C. 1531 et consistent with newly obtained genetic petition in 1999, we conducted a status seq.). information on yelloweye rockfish review of brown rockfish, copper population grouping. rockfish, and quillback rockfish (Stout Dated: June 24, 2016. We also propose to update and amend Stephen Guertin, et al. 2001). During this status review, the listing description for the bocaccio the Biological Review Team (BRT) that Acting Director, U.S. Fish and Wildlife DPS based on a geographic description Service. we established determined that the and to include fish within specified available genetic information for each [FR Doc. 2016–15935 Filed 7–5–16; 8:45 am] boundaries. species demonstrated population BILLING CODE 4333–15–P DATES: Information and comments on structure and supported a determination the subject action must be received by of discreteness as defined by the joint September 6, 2016. NMFS and U.S. Fish and Wildlife DEPARTMENT OF COMMERCE ADDRESSES: Reference materials Service (USFWS) 1996 DPS Policy (61 FR 4722; February 7, 1996). Based on National Oceanic and Atmospheric supporting this rulemaking can be this examination, the BRT identified a Administration obtained via the Internet at: http:// www.westcoast.fisheries.noaa.gov/ or by DPS for each of the three rockfish species in Puget Sound proper that can 50 CFR Parts 223 and 224 submitting a request to Dan Tonnes, Protected Resources Division, West be considered a species under the ESA, [Docket No. 160524463–6544–01] Coast Region, National Marine Fisheries and concluded that none of the Service, 7600 Sand Point Way NE., identified DPSs were at risk of RIN 0648–XE657 Seattle WA, 98115. extinction (Stout et al. 2001). Endangered and Threatened Species; You may submit comments, identified On April 9, 2007, we received a Removal of the Puget Sound/Georgia by the code: NOAA–NMFS–2016–0070 petition from Mr. Sam Wright (Olympia, by either of the following methods: Washington) to list DPSs of five rockfish Basin Distinct Population Segment of • Canary Rockfish From the Federal List Electronic Submissions: Submit all species (yelloweye, canary, bocaccio, of Threatened and Endangered electronic public comments via the greenstriped and redstripe) in Puget Species, and Removal of Designated Federal eRulemaking Portal. Go to Sound, as endangered or threatened Critical Habitat, and Update and www.regulations.gov/ species under the ESA and to designate Amend the Listing Descriptions for the #!docketDetail;D=NOAA-NMFS-2016- critical habitat. We found that this Yelloweye Rockfish DPS and Bocaccio 0070. Click the ‘‘Comment Now’’ icon, petition did not present substantial DPS complete the required fields, and enter scientific or commercial information to or attach your comments. suggest that the petitioned actions may AGENCY: National Marine Fisheries • Mail: Send comments to Chris be warranted (72 FR 56986; October 5, Service (NMFS), National Oceanic and Yates, Assistant Regional Administrator, 2007). On October 29, 2007, we received Atmospheric Administration (NOAA), Protected Resources Division, NMFS, a letter from Mr. Wright presenting Commerce. West Coast Regional Office, Attn: Dan information that was not included in the ACTION: Proposed rule; request for Tonnes, 7600 Sand Point Way NE., April 2007 petition, and requesting comments. Seattle, WA 98115. reconsideration of the decision not to Instructions: You must submit initiate a review of the species’ status. SUMMARY: We, NMFS, are issuing a comments by one of the above methods We considered the supplemental proposed rule to remove the Puget to ensure that we receive, document, information as a new petition and Sound/Georgia Basin canary rockfish and consider them. Comments sent by concluded that there was enough (Sebastes pinniger) Distinct Population any other method, to any other address information in this new petition to Segment (DPS) from the Federal List of or individual, or received after the end warrant conducting status reviews of Threatened and Endangered Species of the comment period, may not be these five rockfish species. The status and remove its critical habitat considered. All comments received are review was initiated on March 17, 2008 designation as recommended in the a part of the public record and will (73 FR 14195) and completed in 2010 recent five-year review under the generally be posted for public viewing (Drake et al. 2010). Endangered Species Act (ESA). We on http://www.regulations.gov without In the 2010 status review, the BRT propose these actions based on newly change. All personal identifying used the best scientific and commercial obtained genetic information that information (e.g., name, address, etc.), data available at that time, including demonstrates that the Puget Sound/ confidential business information, or environmental and ecological features of

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the Puget Sound/Georgia Basin, but the listed rockfish species. Through the physical, physiological, ecological, or noted that the limited genetic and process of recovery planning, priority behavioral factors; or (2) it is delimited demographic data for the five petitioned research and recovery actions emerged. by international governmental rockfish species populations created One such action was to seek specific boundaries within which differences in some uncertainty in the DPS genetic data for each of these rockfish control of exploitation, management of determinations (Drake et al. 2010). The species to better evaluate and determine habitat, conservation status, or BRT assessed genetic data from the whether differences exist in the genetic regulatory mechanisms exist that are Strait of Georgia (inside waters of structure of the listed species’ significant in light of section 4(a)(1)(D) eastern Vancouver Island) for yelloweye populations between inland basins of the ESA (61 FR 4722; February 7, rockfish (Yamanaka et al. 2006), that where the DPSs occur and the outer 1996). According to the policy, indicated a distinct genetic cluster that coast. quantitative measures of genetic or differed consistently from coastal In 2014 and 2015, we partnered with morphological discontinuity can be samples of yelloweye rockfish, but also the Washington Department of Fish and used to provide evidence for item (1) observed that genetic data from Puget Wildlife, several local fishing guides, below. Sound were not available for this and Puget Sound Anglers to collect A population may be considered species. The BRT also noted there was samples and compare the genetic significant if it satisfies any one of the genetic information for canary rockfish structure of the species’ populations following conditions: (1) Persistence of (Wishard et al. 1980) and bocaccio between the different basins of the Puget the discrete segment in an ecological (Matala et al. 2004, Field et al. 2009) in Sound/Georgia Basin DPSs area and the setting unusual or unique for the taxon; coastal waters, but no genetic data for outer coast. (2) evidence that loss of the discrete either species from inland Puget Sound In 2015, we announced a five-year segment would result in a significant waters. The BRT found that in spite of review (80 FR 6695; February 6, 2015) gap in the range of the taxon; (3) these data limitations there was other for the three rockfish DPSs. The five- evidence that the discrete segment evidence to conclude that each noted year review was completed on May 5, represents the only surviving natural population of rockfish within inland 2016 (NMFS 2016), and is available at: occurrence of a taxon that may be more waters of the Puget Sound/Georgia http:// abundant elsewhere as an introduced Basin was discrete from its coastal www.westcoast.fisheries.noaa.gov/ population outside its historical range; counterpart. Specifically, the BRT noted publications/protected_species/other/ or 4) evidence that the discrete segment similar life histories of rockfish and rockfish/5.5.2016_5yr_review_report_ differs markedly from other populations based their determinations, in part, on rockfish.pdf. To complete the review, of the species in its genetic the status review of brown rockfish, we collected, evaluated, and characteristics. copper rockfish, and quillback rockfish incorporated all information on the The ESA gives us clear authority to (Stout et al. 2001) and the genetic species that has become available since make listing determinations and to information for those species that April 2010, the date of the listing, revise the Federal list of endangered and supported separate DPSs for inland including the 2014 final critical habitat threatened species to reflect these compared to coastal populations (Drake designation and the newly obtained determinations. Section 4(a)(1) of the et al. 2010). Thus, based on information genetic information. This newly ESA authorizes us to determine by related to rockfish life history, genetic obtained genetic information and the regulation whether ‘‘any species,’’ variation among populations, and the five-year review inform the conclusions which is defined to include species, environmental and ecological features of in this proposed rule. subspecies, and DPSs, is an endangered species or a threatened species based on Puget Sound and the Georgia Basin, the Policies for Delineating and Listing certain factors. Review of a species’ BRT identified Puget Sound/Georgia Species Under the ESA Basin DPSs for yelloweye rockfish, status may be commenced at any time, canary rockfish, and bocaccio, and a Under the ESA, the term ‘‘species’’ either on the Services’ own initiative— Puget Sound proper DPS for means a species, a subspecies, or a DPS through a status review or in connection greenstriped rockfish and redstripe of a vertebrate species (16 U.S.C. with a five-year review under Section rockfish (Drake et al. 2010). 1532(16)). A joint NMFS–USFWS policy 4(c)(2)—or in response to a petition. Informed by the BRT clarifies the Services’ interpretation of Because a DPS is not a scientifically recommendations and our interpretation the phrase ‘‘Distinct Population recognized entity, but rather one created of best available scientific and Segment,’’ or DPS (61 FR 4722; February under the language of the ESA and commercial data, on April 28, 2010, we 7, 1996). The DPS Policy requires the effectuated through our DPS Policy (61 listed the Puget Sound/Georgia Basin consideration of two elements when FR 4722; February 7, 1996), we have DPSs of yelloweye rockfish and canary evaluating whether a vertebrate some discretion to determine whether rockfish as threatened under the ESA, population segment qualifies as a DPS populations of a species should be and the Puget Sound/Georgia Basin DPS under the ESA: (1) Discreteness of the identified as DPSs and, based upon their of bocaccio as endangered (75 FR population segment in relation to the range and propensity for movement, 22276). The final critical habitat rule for remainder of the species/taxon; and, if what boundaries should be recognized the listed DPSs of rockfishes was discrete, (2) the significance of the for a DPS. Section 4(c)(1) of the ESA published in the Federal Register on population segment to the species/taxon gives us authority to update the Federal November 1, 2014 (79 FR 68041). We to which it belongs. Thus, under the list of threatened and endangered determined that greenstriped rockfish DPS policy a population segment is species to reflect these determinations. (S. elongatus) and redstripe rockfish (S. considered a DPS if it is both discrete This can include revising the list to proriger) within Puget Sound proper from other populations within its taxon remove a species or reclassify the listed each qualified as a DPS, but these DPSs and significant to its taxon. entity. were not at risk of extinction throughout A population may be considered Under sections 4(c)(1) and 4(a)(1) of all or a significant portion of their discrete if it satisfies either one of the the ESA, the Secretary shall undertake ranges (Drake et al. 2010). following conditions: (1) It is markedly a five-year review of a listed species and In 2013, we appointed a recovery separated from other populations of the consider, among other things, whether a team and initiated recovery planning for same taxon as a consequence of species’ listing status should be

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continued. Pursuant to implementing NMFS Southwest Fisheries Science DPS as fish residing within certain regulations at 50 CFR 424.11(d), a Center’s Fisheries Resource Division, boundaries (including this geographic species shall be removed from the list if and the NMFS Northwest Fisheries area farther north in the Strait of Georgia the Secretary of Commerce determines, Science Center’s West Coast groundfish waters in Canada). We propose this based on the best scientific and bottom trawl survey. Samples collected change because this description better commercial data available after from these sources were used to aligns with yelloweye rockfish life- conducting a review of the species’ examine the population structure for history and their sedentary behavior as status, that the species is no longer each species. Population structure was adults, rather than the current threatened or endangered because of examined using three methods: description of fish originating from the one or a combination of the section principal components analysis, Puget Sound/Georgia Basin. calculation of F (fixation index; 4(a)(1) factors. A species may be ST Canary Rockfish Findings delisted only if such data substantiate measure of population differentiation) that it is neither endangered nor among geographic groups, and a These same analytical methods were threatened for one or more of the population genetics based model used to analyze population structure in following reasons: clustering analysis (termed canary rockfish. These current analyses (1) Extinction. Unless all individuals STRUCTURE) (NMFS 2016). indicate a lack of genetic differentiation of the listed species had been previously NMFS’ Puget Sound/Georgia Basin of canary rockfish between coastal and identified and located, and were later rockfish BRT reviewed the results from inland Puget Sound/Georgia Basin found to be extirpated from their the new genetic information. Their samples. FST values, a metric of previous range, a sufficient period of recommendations (Ford 2015) informed population differentiation, among time must be allowed before delisting to and were further evaluated during the groups were not significantly different indicate clearly that the species is five-year review. The results are from zero among geographic regions, extinct. summarized below. and STRUCTURE analysis did not provide evidence supporting population (2) Recovery. The principal goal of the Yelloweye Rockfish Findings Services is to return listed species to a structure in the data. None of these point at which protection under the Several different analytical methods analyses provided any evidence of ESA is no longer required. A species indicated significant genetic genetic differentiation between canary may be delisted on the basis of recovery differentiation between the inland and rockfish along the coast from the canary only if the best scientific and coastal samples of yelloweye rockfish at rockfish within the boundaries of the commercial data available indicate that a level consistent with the limited Puget Sound/Georgia Basin DPS (NMFS genetic data for this species (Yamanaka it is no longer endangered or threatened. 2016). (3) Original data for classification in et al. 2006) that were available at the The BRT noted that the very large error. Subsequent investigations may time of the 2010 status review. The BRT number of loci provided considerable show that the best scientific or concluded that these new data represent power to detect differentiation among the best available science and sample groups and concluded that the commercial data available when the commercial data and are consistent with lack of such differentiation indicated species was listed, or the interpretation and confirm the existence of an inland that it is unlikely that the inland Puget of such data, were in error (50 CFR population of Puget Sound/Georgia Sound/Georgia Basin samples are 424.11(d)). Basin yelloweye rockfish that is discrete discrete from coastal areas (Ford 2015). DPS and Status Determinations from coastal yelloweye rockfish (Ford In the context of this newly obtained 2015). In addition, yelloweye rockfish genetic information, the BRT considered Genetics Data Collection and Analysis from Hood Canal were genetically whether other factors that supported the Methods differentiated from other Puget Sound/ original discreteness determination, Analysis of the geographical Georgia Basin fish, indicating a such as oceanography and ecological distribution of genetic variation is a previously unknown degree of differences among locations, continue to powerful method of identifying discrete population differentiation within the support a finding of discreteness for this populations (Drake et al. 2010); thus, DPS. population. In considering this newly genetic analysis provides useful The BRT also found that new genetic obtained genetic data in the context of information to address the uncertainties information from Canada demonstrates the other evidence, the BRT found that associated with the limited information that yelloweye rockfish occurring in the their original interpretation of the that informed our initial discreteness northern Johnstone Strait and Queen scientific data informing discreteness is determinations for yelloweye rockfish, Charlotte Channel clustered genetically no longer supported. Rather, they canary rockfish and bocaccio. with yelloweye rockfish occurring in the concluded that the lack of genetic To address the need for specific northern Strait of Georgia, the San Juan differentiation indicates sufficient genetic data from yelloweye rockfish, Islands, and Puget Sound. This is dispersal to render a discreteness canary rockfish and bocaccio within the consistent with additional genetic determination based on environmental inland Puget Sound/Georgia Basin area analysis identifying a population of factors implausible. The BRT found that to compare to genetic data from rockfish yelloweye rockfish inside the waters of current genetic data evaluated and in coastal areas as defined during eastern Vancouver Island (Yamanaka et. interpreted in the context of all recovery planning, we collected al. 2006, COSEWIC 2008, Yamanaka et available scientific information now biological samples for genetic analysis al. 2012, Seigle et al. 2013). Based on provides strong evidence that canary several ways. Over the course of 74 this information and the five-year rockfish of the Puget Sound/Georgia fishing trips, biological samples were review, this proposed rule would Basin are not discrete from coastal area gathered from listed rockfishes using correct the previous description of the canary rockfish. Based on the BRT hook-and-line recreational fishing northern boundary of the threatened findings, the five-year review, and best methods in Puget Sound and the Strait Puget Sound/Georgia Basin yelloweye available science and commercial of Juan de Fuca. Additional samples rockfish (S. ruberrimus) DPS to include information, and in accordance with the were gathered from archived sources this area. This proposed rule would also DPS policy, we have determined that from Fisheries and Oceans Canada, the update and amend the description of the the canary rockfish of the Puget Sound/

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Georgia Basin do not meet the criteria to need for a post-delisting monitoring originating from the Puget Sound/ be considered a DPS. The new genetic plan. Georgia Basin. data reveal that canary rockfish of the Bocaccio Findings Effects of the New Determinations Puget Sound/Georgia Basin are part of the larger population occupying the Bocaccio are rare within the DPS area Based on the new information and the Pacific Coast. Canary rockfish of the and we were able to obtain only a few BRT’s determination, we propose that Pacific Coast was declared overfished in samples of them in the genetic study. Puget Sound/Georgia Basin canary 2000 and a rebuilding plan under the Because of their rarity, the genetic rockfish be removed from the Federal Magnuson-Stevens Fishery analysis for bocaccio included only two List of Threatened and Endangered Conservation and Management Act was samples from within the DPS area, and Species. The Puget Sound/Georgia Basin put in place in 2001. NMFS determined this is not sufficient information to yelloweye rockfish DPS shall remain the stock to be ‘‘rebuilt’’ in 2015 change our prior status review threatened under the ESA, and the (Thorson and Wetzel 2015, NMFS determination that Puget Sound/Georgia Puget Sound/Georgia Basin bocaccio 2016). Basin bocaccio are discrete from coastal DPS shall remain endangered. fish (Ford, 2015). Based on the discussion above and The BRT noted that bocaccio have a We also propose to remove designated the recommendation of the five-year propensity for greater adult movement critical habitat for canary rockfish. The review, we are proposing to remove than more benthic rockfish species, critical habitat designation for the Puget Puget Sound/Georgia Basin canary similar to the case for canary rockfish. Sound/Georgia Basin yelloweye rockfish rockfish from the Federal List of The BRT considered that the lack of and bocaccio DPSs will remain in place. Threatened and Endangered Species genetic differentiation between coastal The area removed as designated critical because the new genetic data evaluated and Puget Sound/Georgia Basin canary habitat for canary rockfish will continue and interpreted in the context of all best rockfish might suggest a similar lack of to be designated critical habitat for available science indicate they are not a genetic differentiation for bocaccio bocaccio and, thus, there will be no discrete population. Under section because of similarities in the life history change to the spatial area that was 4(c)(1) of the ESA and the implementing of the two species. However, the BRT originally designated. Maps of critical regulations at 50 CFR 424.11(d)(3), we concluded that the new information was habitat can be found on our Web site at may propose to delist canary rockfish if, not sufficient to change the conclusions http://www.westcoast.fisheries.noaa.gov among other things, subsequent of the previous BRT documented in and in the final critical habitat rule (79 investigation demonstrates that our Drake et al. (2010). This is consistent FR 68041; November 13, 2014). interpretation of best scientific or with the five-year review Additionally, we propose to update commercial information was in error. recommendation (NMFS 2016) and is and amend the listing description of the After considering this newly obtained based upon best available scientific data yelloweye rockfish DPS to define genetic data in the context of the other and commercial information. geographical boundaries including an evidence supporting discreteness, we Similar to yelloweye rockfish, we area farther north of the Johnstone Strait determined that our original propose to update and amend the listing in Canada (Figure 1). This boundary interpretation of discreteness for Puget description of the bocaccio DPS to would not have an effect on critical Sound/Georgia Basin canary rockfish is describe boundaries to include fish habitat, because we do not designate no longer supported and was in error. residing within the Puget Sound/ critical habitat outside U.S. territory. Based on this reasoning, there is no Georgia Basin rather than fish BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C References Cited types of information disseminated by If the Puget Sound/Georgia Basin The complete citations for the the Federal Government. Peer review canary rockfish DPS is delisted, then the references used in this document can be under the OMB Peer Review Bulletin requirements under section 7 of the ESA obtained by contacting NMFS (See ensures that our listing determinations would no longer apply. Federal agencies ADDRESSES and FOR FURTHER are based on the best available scientific would be relieved of the need to consult INFORMATION CONTACT) or on our Web and commercial information. Prior to a with us on their actions that may affect page at: http:// final rule, and during the public Puget Sound/Georgia Basin canary www.westcoast.fisheries.noaa.gov. comment period, NMFS will solicit the rockfish and their designated critical expert opinions of three qualified habitat and to insure that any action Information Quality Act and Peer specialists selected from the academic Review they authorize, fund, or carry out is not and scientific community, Federal and likely to jeopardize the continued In December 2004, OMB issued a state agencies, or the private sector to existence of canary rockfish or adversely Final Information Quality Bulletin for review our five-year review and modify their critical habitat. ESA Peer Review pursuant to the Information underlying science supporting this section 7 consultation requirements will Quality Act. The Bulletin was published action, to ensure the best biological and remain in place for the Puget Sound/ in the Federal Register on January 14, commercial information is being used in Georgia Basin yelloweye rockfish and 2005 (70 FR 2664). The Bulletin the decision-making process. bocaccio DPSs. Recovery planning established minimum peer review efforts will continue for these listed standards, a transparent process for DPSs as well. public disclosure of peer review planning, and opportunities for public participation with regard to certain

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Classification collection of information requirement Dated: June 23, 2016. for the purposes of the Paperwork Samuel D. Rauch, III, National Environmental Policy Act (NEPA) Reduction Act. Deputy Assistant Administrator for Regulatory Programs, National Marine The 1982 amendments to the ESA, in Executive Order 13122, Federalism Fisheries Service. section 4(b)(1)(A), restrict the In accordance with E.O. 13132, we For the reasons set out in the information that may be considered determined that this proposed rule does preamble, 50 CFR parts 223 and 224 are when assessing species for listing. Based not have significant federalism effects proposed to be amended as follows: on this limitation of criteria for a listing and that a federalism assessment is not decision and the opinion in Pacific PART 223—THREATENED MARINE required. In keeping with the intent of Legal Foundation v. Andrus, 657 F. 2d AND ANADROMOUS SPECIES 829 (6th Cir. 1981), we have concluded the Administration and Congress to that NEPA does not apply to ESA listing provide continuing and meaningful ■ 1. The authority citation for part 223 actions. (See NOAA Administrative dialogue on issues of mutual state and continues to read as follows: Federal interest, this proposed rule will Order 216–6.) Authority: 16 U.S.C. 1531–1543; subpart be shared with the relevant state Executive Order 12866, Regulatory B, § 223.201–202 also issued under 16 U.S.C. agencies in Washington state. 1361 et seq.; 16 U.S.C. 5503(d) for Flexibility Act, and Paperwork § 223.206(d)(9). Reduction Act List of Subjects ■ 2. In § 223.102, in the table in As noted in the Conference Report on 50 CFR Part 223 paragraph (e), under the subheading the 1982 amendments to the ESA, ‘‘Fishes’’, remove the entry for economic impacts cannot be considered Endangered and threatened species, Exports, Imports, Transportation. ‘‘Rockfish, canary (Puget Sound/Georgia when assessing the status of a species. Basin DPS)’’; and revise the table entries Therefore, the economic analysis 50 CFR Part 224 for ‘‘Rockfish, yelloweye (Puget Sound/ requirements of the Regulatory Georgia Basin DPS)’’, to read as follows: Flexibility Act are not applicable to the Endangered and threatened species. listing process. In addition, this § 223.102 Enumeration of threatened proposed rule is exempt from review marine and anadromous species. under Executive Order 12866. This * * * * * proposed rule does not contain a (e) * * *

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

******* FISHES

******* Rockfish, yelloweye Sebastes Yelloweye rockfish residing within the 75 FR 22276, Apr 226.224 NA (Puget Sound/ ruberrimus. Puget Sound/Georgia Basin, inclusive 28, 2010. Georgia Basin of the Queen Charlotte Channel to DPS). Malcom Island, in a straight line between the western shores of Numas and Malcom Islands—N. 50 50′46″, W. 127 5′55″ and N. 50 36′49″, W. 127 10′17″. The Western Boundary of the U.S. side in the Strait of Juan de Fuca is N. 48 7′16″, W. 123 17′15″ in a straight line to the Canadian side at N. 48 24′40″, 123 17′38″.

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

PART 224—ENDANGERED MARINE Authority: 16 U.S.C. 1531–1543 and 16 table entry for ‘‘Bocaccio (Puget Sound/ AND ANADROMOUS SPECIES U.S.C. 1361 et seq. Georgia Basin DPS)’’ to read as follows: ■ 3. The authority citation for part 224 ■ 4. In § 224.101, paragraph (h), under § 224.101 Enumeration of endangered continues to read as follows: the subheading ‘‘Fishes’’, revise the marine and anadromous species. * * * * * (h) * * *

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

******* FISHES Bocaccio (Puget Sebastes Bocaccio residing within the Puget 75 FR 22276, Apr 226.224 NA Sound/Georgia paucispinis. Sound/Georgia Basin to the Northern 28, 2010. Basin DPS). Boundary of the Northern Strait of Georgia along the southern contours of Quadra Island, Maurelle Island and Sonora Island, all of Bute Inlet. The Western Boundary of the U.S. side in the Strait of Juan de Fuca is N. 48 7′16″, W. 123 17′15″ in a straight line to the Canadian side at N. 48 24′40″, 123 17′38″.

[FR Doc. 2016–15923 Filed 7–5–16; 8:45 am] BILLING CODE 3510–22–P

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