[Federal Register Volume 64, Number 101 (Wednesday, May 26, 1999)]
[Rules and Regulations]
[Pages 28392-28393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13251]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
RIN 1018-AF62
Endangered and Threatened Wildlife and Plants; Threatened Status
for Johnson's Seagrass
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The Fish and Wildlife Service (Service) is adding Johnson's
seagrass (Halophila johnsonii) to the List of Endangered and Threatened
Plants (List) as a threatened species in accordance with the Endangered
Species Act of 1973, as amended (Act). This amendment to the List is
based on a determination by the National Marine Fisheries Service
(NMFS), National Oceanic and Atmospheric Administration, Department of
Commerce, which has jurisdiction for this species, published on
September 14, 1998, in the Federal Register (63 FR 49035).
DATES: The effective date of this action is May 26, 1999.
FOR FURTHER INFORMATION CONTACT: Chief, Division of Endangered Species,
U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Mail Stop 452,
Arlington, Virginia 22203 (703/358-2171).
SUPPLEMENTARY INFORMATION: The Act is administered jointly by the
Service and NMFS. In accordance with a Memorandum of Understanding
between the Service and NMFS regarding jurisdictional responsibilities
and listing procedures under the Act signed on August 28, 1974, the
agencies agreed that NMFS would assume jurisdiction for the Johnson's
seagrass. Under section 4(a)(2) of the Act, NMFS must decide whether a
species under its jurisdiction should be classified as endangered or
threatened. The Service is responsible for the actual amendment of the
List in 50 CFR 17.12(h).
NMFS published a proposed rule to list Johnson's seagrass as a
threatened species on September 15, 1993 (58 FR 48326). In the proposed
rule, NMFS solicited comments from peer reviewers, the public, and all
other interested parties. NMFS held a public hearing on the proposed
listing in Vero Beach, Florida, on September 20, 1994. NMFS reopened
the comment period for the proposed listing on April 20, 1998 (63 FR
19468).
On September 14, 1998, NMFS published a final rule to list
Johnson's seagrass as threatened (63 FR 49035). In the final rule, NMFS
addressed the comments received in response to the proposed rule.
Because NMFS provided public comment periods on the proposed rule, and
because this action of the Service to amend the List in accordance with
the determination by NMFS is nondiscretionary and administrative in
nature, the Service has omitted the notice and public comment
procedures of 5 U.S.C. 553(b) for this action.
National Environmental Policy Act
The Service has determined that an Environmental Assessment, as
defined under the authority of the National Environmental Policy Act of
1969, need not be prepared in connection with regulations adopted
pursuant to section 4(a) of the Act. A notice outlining the Service's
reasons for this determination was published in the Federal Register on
October 25, 1983 (48 FR 49244).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Export, Import, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
PART 17--[AMENDED]
Accordingly, the Service amends part 17, subchapter B of chapter I,
title 50 of the Code of Federal Regulations, as set forth below:
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C.
4201-4245; Pub. L. 99-625, 100 Stat. 3500, unless otherwise noted.
2. The Service amends section 17.12(h) by adding the following, in
alphabetical order under FLOWERING PLANTS, to the List of Endangered
and Threatened Plants:
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Species
-------------------------------------------------------- Historic range Family name Status When listed Critical Special
Scientific name Common name habitat rules
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Flowering Plants
* * * * * * *
Halophila johnsonii.............. Johnson's seagrass.. U.S.A. (FL)........ Hydrocharitaceae... T 663 NA NA
[[Page 28393]]
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Dated: May 17, 1999.
Jamie Rappaport Clark,
Director, Fish and Wildlife Service.
[FR Doc. 99-13251 Filed 5-25-99; 8:45 am]
BILLING CODE 4310-55-P
