[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14299-14300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6137]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 110223163-1180-01]
RIN 0648-XA231
Listing Endangered and Threatened Species: Correction To Codify
in the Code of Federal Regulations Endangered Status for Southern
Resident Killer Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: We, NMFS, announce a correcting amendment to the Code of
Federal Regulations to identify the Southern Resident killer whale
(Orcinus orca) distinct population segment (DPS) as an endangered
species under the Endangered Species Act of 1973 (ESA).
DATES: Effective March 16, 2011.
FOR FURTHER INFORMATION CONTACT: For further information regarding this
correcting amendment contact Steve Stone, NMFS, Northwest Region, 503-
231-2317; or Marta Nammack, NMFS, Office of Protected Resources, 301-
713-1401.
SUPPLEMENTARY INFORMATION:
Background and Correcting Amendment
We listed the Southern Resident killer whale DPS as an endangered
species under the ESA on November 18, 2005 (70 FR 69903). That final
rule became effective on February 16, 2006, and the species was
included in the enumeration of endangered species at 50 CFR 224.101(b).
In separate and unrelated rulemaking, we published a final rule on
March 6, 2008 (73 FR 12024), to list the North Pacific right whale
(Eubalaena. japonica) and North Atlantic right whale (E. glacialis) as
separate endangered species under the ESA. In that more recent rule the
Southern Resident killer whale DPS was inadvertently dropped from the
enumeration of endangered species at 50 CFR 224.101(b). This correcting
amendment remedies that oversight.
Classification
The Assistant Administrator (AA) finds good cause under 5 U.S.C.
553(b)(B) to waive prior notice and opportunity for public comment
because it is impracticable, unnecessary, and contrary to the public
interest. We fully intended the Southern Resident killer whale DPS to
be listed as an endangered species under the ESA and expressly stated
this intent in the November 2005 final rule (70 FR 69903; November 18,
2005). We also previously provided public notice in the Federal
Register and considered public comments on the 2004 proposed rule (69
FR 76673; December 22, 2004). Further, this DPS was correctly included
in the October 2006 and 2007 issues of the CFR. However, due to a
clerical error in unrelated rulemaking on March 6, 2008 (73 FR 12024),
the DPS was omitted from the list of endangered species published at 50
CFR 224.101 in the October 2008 and subsequent issues of the CFR. In
order to avoid regulatory confusion and ensure continuous protections
and enforcement capability for the Southern Resident killer whale, the
AA waives the requirement for prior notice and opportunity for public
comment.
For the same reasons above, the AA finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness and makes this
rule effective immediately upon publication.
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
It has been determined that this rule is not significant for
purposes of Executive Order 12866.
References
Copies of previous Federal Register notices and related reference
materials are available on the Internet at http://www.nwr.noaa.gov, or
upon request (see FOR FURTHER INFORMATION CONTACT section above).
List of Subjects in 50 CFR Part 224
Endangered marine and anadromous species.
Dated: March 10, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set forth in the preamble, 50 CFR part 224 is
corrected by making the following correcting amendment:
PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES
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1. The authority citation for part 224 continues to read as follows:
[[Page 14300]]
Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
Sec. 224.101 [Amended]
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2. In Sec. 224.101, paragraph (b), add ``Killer whale (Orcinus orca),
Southern Resident distinct population segment, which consists of whales
from J, K and L pods, wherever they are found in the wild, and not
including Southern Resident killer whales placed in captivity prior to
listing or their captive born progeny'' following ``Indus River dolphin
(Platanista minor);''.
[FR Doc. 2011-6137 Filed 3-15-11; 8:45 am]
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