[Federal Register Volume 82, Number 171 (Wednesday, September 6, 2017)]
[Rules and Regulations]
[Pages 42043-42044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18866]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2017-0026; 4500090024]
RIN 1018-BC64
Endangered and Threatened Wildlife and Plants; Technical
Correction for Tonkin Snub-Nosed Monkey
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: We, the U.S. Fish and Wildlife Service, are making a technical
correction to remove the endangered Tonkin snub-nosed monkey
(Rhinopithecus avunculus) from certain regulations that apply to
certain threatened primates. These regulations apply only to threatened
species, and Tonkin snub-nosed monkeys were reclassified as an
endangered species in 1990. Therefore, the provisions of the
regulations for threatened primates do not apply to this species. We
are correcting this error in the Code of Federal Regulations.
DATES: This action is effective September 6, 2017.
ADDRESSES: This final rule and a list of the references cited is
available on the Internet at http://www.regulations.gov at Docket No.
FWS-HQ-ES-2017-0026.
FOR FURTHER INFORMATION CONTACT: Janine Van Norman, Chief, Branch of
Foreign Species, Ecological Services Program, U.S. Fish and Wildlife
Service; MS: ES, 5275 Leesburg Pike, Falls Church, VA 22041-3803;
telephone 703-358-2171. If you use a telecommunications device for the
deaf (TDD), call the Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: The purpose of this final rule is to notify
the public that we are removing the Tonkin snub-nosed langur from
regulations in title 50 of the Code of Federal Regulations (CFR) that
pertain to certain primates that are listed as threatened species under
the Endangered Species Act of 1973, as amended (Act; 16 U.S.C. 1531 et
seq.). The List of Endangered and Threatened Wildlife (List) under the
Act is found at 50 CFR 17.11(h). The regulations that are the focus of
this final rule are found at 50 CFR 17.40(c). We are removing the
Tonkin snub-nosed langur (Pygathrix [Rhinopithecus] avunculus) from the
list of primates in Sec. 17.40(c)(1). (For reasons explained below in
Taxonomy, the Tonkin snub-nosed langur (Pygathrix [Rhinopithecus]
avunculus) is older nomenclature for the now generally accepted common
and scientific names: Tonkin snub-nosed monkey (Rhinopithecus
avunculus). In this document, we use the currently accepted common name
Tonkin snub-nosed monkey.)
On January 9, 2016, we received a petition, dated the same day from
People for the Ethical Treatment of Animals Foundation (PETA),
requesting in part that Tonkin snub-nosed monkey be removed from the
regulations at Sec. 17.40(c), which pertain to threatened primates,
because this species is listed as an endangered species under the Act
at 50 CFR 17.11(h).
[[Page 42044]]
Background
Regulations such as those at 50 CFR 17.40(c) are promulgated under
section 4(d) of the Act and are referred to as ``4(d) rules.'' These
rules apply only to threatened species. Petitions to amend 4(d) rules
are petitions under the Administrative Procedure Act (APA; 5 U.S.C.
553(e)) and are considered in accordance with 50 CFR 424.10; 424.14(a),
(j), and Departmental regulations at 43 CFR part 14. A final rule
published in 1990 reclassified all Tonkin snub-nosed monkeys from
threatened to endangered (55 FR 39414, September 27, 1990), so the
provisions of the 4(d) rule can no longer be applied to this endangered
species.
Accordingly, we are publishing this final rule without a prior
proposal because this is a noncontroversial action that does not alter
the regulatory protections afforded to this species and is a technical
correction necessary to bring our regulations into conformity with the
Act.
Previous Federal Actions
In 1976, as part of a decision to list 26 species of primates as
threatened or endangered under the Act, the Service proposed to list
Tonkin snub-nosed monkeys as a threatened species (41 FR 16466, April
19, 1976) and subsequently finalized the listing (41 FR 45990, October
19, 1976). In the same rulemaking, Tonkin snub-nosed monkeys were
included in a new 4(d) rule for threatened primates at 50 CFR 17.40(c).
In 1990, all Tonkin snub-nosed monkeys were reclassified from
threatened to endangered (55 FR 39414, September 27, 1990).
In both the proposed rule and final rule reclassifying the species
from threatened to endangered status (55 FR 1486, January 16, 1990; 55
FR 39414, September 27, 1990), the Service indicated through the
informational text ``NA'' (not applicable) in the ``Special rules''
column of the List at 50 CFR 17.11(h) that there are no 4(d) rules for
that particular species. However, we failed to make the corresponding
change to 50 CFR 17.40(c) to reflect the fact that the provisions there
no longer applied to the now-endangered Tonkin snub-nosed monkey.
Taxonomy
The terms monkey and langur are both used interchangeably in the
common name for this species. However, the International Union for
Conservation of Nature (IUCN) Red List, the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES), the
Integrated Taxonomic Information System (ITIS), and the List at 50 CFR
17.11(h) all use the term ``monkey'' for this species.
The Tonkin snub-nosed monkey is currently listed in Sec.
17.40(c)(1) as ``Tonkin snub-nosed langur (Pygathrix [Rhinopithecus]
avunculus).'' The snub-nosed monkeys of the genus Rhinopithecus were
formerly listed as a subgenus of Pygathrix, but Rhinopithecus was
elevated to the full genus level in 2001(Groves 2001, p. 287). This
taxonomic change is now widely accepted in the scientific community,
including CITES (CITES 2017, p. 5), ITIS (ITIS 2017, unpaginated), and
IUCN Red List (IUCN 2017, unpaginated). Therefore, in this final rule
we refer to the species as Tonkin snub-nosed monkey (Rhinopithecus
avunculus), which is also how the species is presented in the List at
50 CFR 17.11(h).
Administrative Procedure
As explained above, this rulemaking is necessary to bring our
regulations into compliance with the Act. Therefore, under these
circumstances, we have determined, pursuant to 5 U.S.C. 553(b)(3)(B),
that prior notice and opportunity for public comment are impractical
and unnecessary. Public opportunity for comment is simply not required
when an agency amends a regulation to remove regulatory provisions that
are not consistent with law. Such action is ministerial in nature and
allows for no discretion on the part of the agency. Thus, public
comment could not inform this process in any meaningful way. We have
further determined, pursuant to 5 U.S.C. 553(d)(3), that the agency has
good cause to make this rule effective upon publication, which is to
comply with the Act as soon as practicable.
List of References Cited
A list of the references cited in this final rule is provided in
Docket No. FWS-HQ-ES-2017-0026 at http://www.regulations.gov.
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we hereby amend part 17, subchapter B of chapter I,
title 50 of the Code of Federal Regulations, as set forth below:
PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; and 4201-4245, unless
otherwise noted.
Sec. 17.40 [Amended]
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2. Amend Sec. 17.40(c)(1) by:
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a. Adding the word ``and'' before ``purple-faced langur (Presbytis
senex)''; and
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b. Removing the phrase ``; and Tonkin snub-nosed langur (Pygathrix
[Rhinopithecus] avunculus)''.
Dated: August 30, 2017.
James W. Kurth,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2017-18866 Filed 9-5-17; 8:45 am]
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