Endangered and Threatened Wildlife and Plants; Threatened Status for Johnson's Seagrass

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]

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