80000 Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Rules and Regulations DEPARTMENT OF THE INTERIOR II. Major Provision of the Regulatory finding that listing the African lion Action subspecies (Panthera leo leo) as a Fish and Wildlife Service This action revises the taxonomic threatened species was warranted and classification of the Asiatic lion proposed to list the subspecies as a 50 CFR Part 17 (currently classified as P. l. persica and threatened species under the Act. We also proposed a rule under section 4(d) listed as an endangered species under of the Act to provide conservation [Docket No. FWS–R9–ES–2012–0025; 450 the Act) to P. l. leo based on a measures for the African lion. 003 0115] taxonomic change. The P. l. leo subspecies will be listed as an Summary of Changes From the RIN 1018–BA29 endangered species and the P. l. Proposed Rule melanochaita subspecies will be listed Endangered and Threatened Wildlife We fully considered comments from as a threatened species in the List of the public and the peer reviewers on the and Plants; Listing Two Lion Endangered and Threatened Wildlife in Subspecies proposed rule to determine our final title 50 of the Code of Federal listing status of lion. This final rule AGENCY: Fish and Wildlife Service, Regulations (CFR) at 50 CFR 17.11(h). incorporates changes to our proposed Interior. This action will also add a rule under rule based on the comments we received section 4(d) of the Act for P. l. ACTION: Final rule. that are discussed under Summary of melanochaita which is set forth at 50 Comments and Responses and newly SUMMARY: We, the U.S. Fish and CFR 17.40(r). available scientific and commercial Wildlife Service (Service), determine Background information that became available after endangered status for the lion the close of the comment period. We The Endangered Species Act of 1973, subspecies Panthera leo leo and accept the taxonomy as recommended as amended (Act) (16 U.S.C. 1531 et threatened status for P. l. melanochaita by the International Union for seq.), is a law that was passed to prevent under the Endangered Species Act of Conservation of Nature (IUCN) Species extinction of species by providing 1973, as amended (Act). We are also Survival Commission Cat Classification measures to help alleviate the loss of publishing a concurrent rule under Task Force: P. l. leo (Asia and western, species and their habitats. Before a plant section 4(d) of the Act. This rule central, and northern Africa) and P. l. or animal species can receive the provides for conservation measures for melanochaita (southern and eastern protection provided by the Act, it must P. l. melanochaita. Africa). Here we evaluate the status of first be added to the Federal List of the lion species (P. leo), which includes DATES: This rule is effective January 22, Endangered and Threatened Wildlife or the previously unreviewed population 2016. the Federal List of Endangered and of P. l. leo in India (formerly P. l. ADDRESSES: This final rule is available Threatened Plants in part 17 of title 50 persica). Additionally, we have on the Internet at http:// of the Code of Federal Regulations incorporated new population estimates www.regulations.gov and comments and (CFR). Section 4 of the Act and its and population trends for the lion into materials received, as well as supporting implementing regulations at 50 CFR part our Species Information section. documentation used in the preparation 424 set forth the procedures for adding Based on comments by peer reviewers of this rule, will be available for public species to these lists. and others, we revised the section on inspection, by appointment, during Previous Federal Actions trophy hunting, providing additional normal business hours at: U.S. Fish and information on the practices that experts Wildlife Service; 5275 Leesburg Pike; In a final rule published in the have identified as undermining the Falls Church, VA 22041. Federal Register on June 2, 1970 (35 FR sustainability of trophy hunting, FOR FURTHER INFORMATION CONTACT: 8491), the Asiatic lion (currently listed recommended best practices and Branch of Foreign Species, Ecological under the Act as Panthera leo persica) reforms, biological impacts of trophy Services, U.S. Fish and Wildlife Service, was listed under the Act’s precursor, the hunting on lion populations, and MS: ES, 5275 Leesburg Pike, Falls Endangered Species Conservation Act of corruption in range countries, and Church, VA 22041–3803; telephone, 1969, as an endangered species and has expanded our assessment of the level of 703–358–2171; facsimile, 703–358– remained listed as an endangered threat that trophy hunting presents to 1735. If you use a telecommunications species under the Act. the species. Additionally, we have device for the deaf (TDD), call the On March 1, 2011, we received a incorporated information on infanticide, Federal Information Relay Service petition dated the same day from the corruption, traditional use of lion parts (FIRS) at 800–877–8339. International Fund for Animal Welfare, and products, disease, and climate the Humane Society of the United change. Under the discussion of the 4(d) SUPPLEMENTARY INFORMATION: States, Humane Society International, rule in the preamble, we further clarify Executive Summary the Born Free Foundation/Born Free factors we will consider when making USA, Defenders of Wildlife, and the an enhancement finding for importation I. Purpose of the Regulatory Action Fund for Animals requesting that the of sport-hunted trophies of P. l. We are listing two subspecies of lion, African lion subspecies be listed as melanochaita. Panthera leo leo and P. l. melanochaita, endangered under the Act. The petition Based on the information we received under the Endangered Species Act of identified itself as such and included and our assessment of that information, 1973, as amended (Act). We are listing the information as required by 50 CFR we have altered our finding. Some of the the P. l. leo subspecies as an endangered 424.14(a). On November 27, 2012, we information we received indicated species and the P. l. melanochaita published a ‘‘positive’’ 90-day finding threats may be worse than previously subspecies as a threatened species (77 FR 70727) indicating that we would indicated. Due to significant differences under the Act. We are also finalizing a initiate a status review of the African in the impacts of threats within the rule under section 4(d) of the Act that lion. species, we found that P. l. leo and P. will provide for conservation measures On October 29, 2014 (79 FR 64472) l. melanochaita qualify for different for P. l. melanochaita. we published in the Federal Register a statuses under the Act. VerDate Sep<11>2014 18:43 Dec 22, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23DER2.SGM 23DER2 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 80, No. 246 / Wednesday, December 23, 2015 / Rules and Regulations 80001 Species Information and, consequently, by several mtDNA analyses should be backed up international organizations and by studies on nuclear DNA (nDNA, Taxonomy governing bodies. As a result, this is the inherited from both parents) and The lion (Panthera leo) was first classification on which the conservation morphological traits before assigning described by Linnaeus (1758, in Haas et of the species is largely based. However, taxonomic importance to them (Barnett al. 2005, p. 1), who gave it the name results of recent genetic research call et al. 2014, pp. 1, 8). Felis leo. It was later placed in the genus into question this classification. Recently, Mazak (2010, entire) Panthera (Pocock 1930, in Haas et al. In recent years, several genetic studies examined morphological characteristics 2005, p. 1). Although the classification have provided evidence of an of 255 skulls of wild lions and found of the modern lion as P. leo is accepted evolutionary division within lions in within the scientific community, there Africa (see Barnett et al. 2014, p. 6; considerable variation throughout the was a lack of consensus regarding lion Dubach et al. 2013, p. 746; Bertola et al. species’ range, with variation being intraspecific taxonomy (Mazak 2010, p. 2011 (entire); Antunes et al. 2008 greater within populations than between 194; Barnett et al. 2006b, p. 2120). (entire); Barnett et al. 2006a, pp. 511– them. However, according to Dubach et Based on morphology, traditional 512). These studies include analysis of al. (2013, p. 742), the genetic distinction classifications recognize anywhere from DNA samples from all major regions of of lions in southern and eastern Africa zero subspecies (classifying lions as one the species’ range, though some regions from those elsewhere in the species’ monotypic species) up to nine are sparsely represented. A major range is confirmed by results of studies subspecies (Mazak 2010, p. 194, citing genetic subdivision among lions occurs by Antunes et al. (2008, entire) which, several sources). The most widely in Africa, with lions in southern and in addition to analysis of mtDNA, also referenced of the morphology-based eastern Africa being distinct from and included analysis of nDNA sequence taxonomies is an eight-subspecies (six more diverse than lions elsewhere and microsatellite variation. extant) classification provided by (western and central Africa and Asia) The recent results of genetic research Hemmer (1974, in Nowell and Jackson (Figure 1). Lions in western and central renewed the debate on lion taxonomy 1996, p. 312; Barnett et al. 2006a, p. 507; Africa (as well as now-extinct North among the experts. For this reason, the Barnett et al. 2006b, p. 2120), which is African lions) are more closely related IUCN Species Survival Commission Cat recognized by the Integrated Taxonomic to lions in India than to lions in Specialist Group commissioned a Cat Information System (ITIS) (ITIS 2013, southern and eastern Africa (Barnett et Classification Task Force from among its unpaginated).