[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Notices]
[Pages 34995-34996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14244]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 040610181-4181-01; I.D. 060204C]


Listing Endangered and Threatened Wildlife and Plants and 
Designating Critical Habitat; 90-Day Finding on a Petition to List 
Elkhorn Coral, Staghorn Coral, and Fused-staghorn Coral

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of petition finding; request for information.

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SUMMARY: NMFS announces the 90-day finding for a petition to list 
elkhorn coral (Acropora palmata), staghorn coral (A. cervicornis), and 
fused-staghorn coral (A. prolifera) as endangered or threatened, and to 
designate critical habitat under the Endangered Species Act (ESA). NMFS 
finds that the petition presents substantial scientific information 
indicating the petitioned action may be warranted. NMFS will conduct a 
status review of the three acroporids to determine if the petitioned 
action is warranted. To ensure that the review is comprehensive, NMFS 
is soliciting information pertaining to these species and potential 
critical habitat from any interested party. NMFS also seeks suggestions 
from the public for peer reviewers to take part in the peer review 
process for the forthcoming status review.

DATES: Information related to this petition finding must be received no 
later than August 23, 2004.

ADDRESSES: You may submit comments by any of the following methods:
    [bul] E-mail: [email protected]. Include docket number in the 
subject line of the message.
    [bul] Fax: 727-570-5517, Attention Jennifer Moore.
    [bul] Mail: Information on paper, disk, or CD-ROM should be 
addressed to the Assistant Regional Administrator for Protected 
Resources, NMFS Southeast Regional Office, 9721 Executive Center Drive 
North, Suite 102, St. Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT: Jennifer Moore or Dr. Stephania 
Bolden, NMFS, Southeast Regional Office, (727) 570-5312, or Marta 
Nammack, NMFS, Office of Protected Resources, (301) 713-1401, ext. 180.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the ESA (16 U.S.C. 1533(b)(3)(A)) requires 
NMFS to make a finding as to whether a petition to list, delist, or 
reclassify a species presents substantial scientific or commercial 
information indicating the petitioned action may be warranted. NMFS' 
ESA implementing regulations define ``substantial information '' as the 
amount of information that would lead a reasonable person to believe 
the measure proposed in the petition may be warranted (50 CFR 
424.14(b)(1). In determining whether substantial information exists for 
a petition to list a species, NMFS takes into account several factors, 
including information submitted with, and referenced in, the petition 
and all other information readily available in NMFS' files. To the 
maximum extent practicable, this finding is to be made within 90 days 
of the receipt of the petition (16 U.S.C. 1533(b)(3)(A)), and the 
finding is to be published promptly in the Federal Register. If NMFS 
finds that a petition presents substantial information indicating that 
the requested action may be warranted, section 4(b)(3)(A) of the ESA 
requires the Secretary of Commerce (Secretary) to conduct a status 
review of the species. ESA section 4(b)(3)(B) requires the Secretary to 
make a finding as to whether or not the petitioned action is warranted 
within 1 year of the receipt of the petition. The Secretary has 
delegated the authority for these actions to the NOAA Assistant 
Administrator for Fisheries.
    In 1991, NMFS identified elkhorn coral and staghorn coral as 
candidate species under the ESA, but removed them from the candidate 
species list in 1997 because the available information indicated 
decline in certain populations, but not throughout the species' range 
(62 FR 37560; July 14, 1997). Subsequently, in 1999, elkhorn coral and 
staghorn coral were added again to the candidate species list because 
of the availability of reliable information which met the criteria for 
inclusion at that time. Elkhorn coral and staghorn coral were 
transferred to the species of concern list when this list was 
established in 2004 (69 FR 19976; April 15, 2004).

Analysis of Petition

    On March 4, 2004, NMFS received a petition from the Center for 
Biological Diversity requesting NMFS list three Caribbean acroporids 
(elkhorn coral, staghorn coral, and fused-staghorn coral) as endangered 
or threatened, and to designate critical habitat under the ESA. The 
petition contained a detailed description of each species, including 
the present legal status; taxonomy and physical appearance; ecological 
and economic importance; distribution; physical and biological 
characteristics of its habitat and ecosystem relationships; population 
status and trends; and factors contributing to the population's 
decline. The petition also discussed how the species would benefit from 
being listed under the ESA and cited references in support of the 
petition.
    Under the ESA, a listing determination can address a species, 
subspecies, or a distinct population segment (DPS) of a vertebrate 
species (16 U.S.C. 1532 (16)). Because corals are invertebrates, they 
cannot be listed by DPSs. Therefore, the petition requested that NMFS 
list the three acroporid species throughout their entire range. These 
species are found in warm waters throughout the Gulf of Mexico, 
Caribbean Sea, and tropical portions of the Atlantic Ocean. All three 
acroporids are fast growing branching corals, found predominantly in 
shallow reefs from subtidal to 30 m depth.
    The petition asserts that the three acroporids warrant listing 
based on all five of the factors for listing specified in the ESA, 16 
U.S.C. 1533(a)(1). According to the petition, of over 100 studies 
performed on the status of the three Acroporids throughout the 
Caribbean, virtually all documented rapid declines in coral cover with 
no significant recovery. The petition states the predominant causes of 
the decline in the 1980s and 1990s were coral

[[Page 34996]]

diseases, mass coral bleaching induced by rising sea surface 
temperatures, and hurricanes occurring with escalating frequency and 
severity. The petition alleges these threats continue to occur and are 
accompanied by coastal development, boat and diver damage, siltation, 
damaging fishing practices, predation, competition, pollution, global 
climate change resulting in elevated sea surface temperatures, and 
inadequacy of regulatory mechanisms. The petition concludes that 
because of the interrelated nature and synergistic effects of these 
threats, addressing each threat individually will not be sufficient to 
preserve these species.

Petition Finding

    Based on the above information and the criteria specified in 50 CFR 
424.14(b)(2), NMFS finds that the petition presents substantial 
scientific and commercial information indicating listing of the three 
acroporids may be warranted. Under section 4(b)(3)(A) of the ESA, this 
finding requires NMFS to commence a status review on the three species. 
NMFS is now initiating this review. These three species are now 
considered to be candidate species (69 FR 19976; April 15, 2004). 
Within 1 year of the receipt of the petition (March 4, 2005), NMFS must 
make a finding as to whether listing the elkhorn coral, staghorn coral, 
or fused-staghorn coral as endangered or threatened under the ESA is 
warranted, as required by section 4(b)(3)(B) of the ESA. If warranted, 
NMFS will publish a proposed rule and take public comment before 
developing and publishing a final rule.

Listing Factors and Basis for Determination

    Under section 4(a)(1) of the ESA, a species shall be listed if it 
is determined to be threatened or endangered as a result of any one of 
the following factors: (1) Present or threatened destruction, 
modification, or curtailment of habitat or range; (2) over-utilization 
for commercial, recreational, scientific, or educational purposes; (3) 
disease or predation; (4) inadequacy of existing regulatory mechanisms; 
or (5) other natural or manmade factors affecting its continued 
existence. Listing determinations are made solely on the basis of the 
best scientific and commercial data available, after conducting a 
review of the status of the species and taking into account efforts 
made by any state or foreign nation to protect such species.

Information Solicited

    To ensure the status review is completed in a timely manner and 
based on the best available scientific and commercial data, NMFS is 
soliciting information on whether the elkhorn coral, staghorn coral, or 
fused-staghorn coral are endangered or threatened based on the above 
listing factors. Specifically, NMFS is soliciting information in the 
following areas: (1) Historical and current distribution and abundance 
of these three acroporids throughout the Gulf of Mexico, tropical 
portions of the Atlantic Ocean, and the Caribbean Sea (specifically in 
the southern Bahamas), Nicaragua, Pedro Banks, northern Cuba, Virgin 
Gorda, Antigua, banks off Turks and Caicos, Saba Banks, Trinidad and 
Tobago, and eastern Caribbean; (2) historic and current condition; (3) 
population status and trends; (4) information on any current or planned 
activities that may adversely impact the three acroporids, especially 
related to the five listing factors identified above; and (5) ongoing 
efforts to protect the three acroporids and their habitat. NMFS 
requests that all information be accompanied by: (1) Supporting 
documentation such as maps, bibliographic references, or reprints of 
pertinent publications; and (2) the submitter's name, address, and any 
association, institution, or business that the person represents.

Critical Habitat

    NMFS is also requesting information on areas that may qualify as 
critical habitat for the three acroporids. Areas that include the 
physical and biological features essential to the conservation of the 
species should be identified. Areas outside the present range should 
also be identified if such areas are essential to the conservation of 
the species. Essential features may include, but are not limited to: 
(1) space for individual growth and for normal behavior; (2) food, 
water, air, light, minerals, or other nutritional or physiological 
requirements; (3) cover or shelter; (4) sites for reproduction and 
development of offspring; and (5) habitats that are protected from 
disturbance or are representative of the historical, geographical, and 
ecological distributions of the species (50 CFR 424.12(b)).
    For areas potentially qualifying as critical habitat, NMFS requests 
information describing: (1) the activities that affect the essential 
features or that could be affected by the designation, and (2) the 
economic costs and benefits of management measures likely to result 
from the designation. NMFS is required to consider the probable 
economic and other impacts on proposed or ongoing activities in making 
a final critical habitat designation (50 CFR 424.19).

Peer Review

    On July 1, 1994, NMFS, jointly with the U.S. Fish and Wildlife 
Service, published a series of policies regarding listings under the 
ESA, including a policy for peer review of scientific data (59 FR 
34270). The intent of the peer review policy is to ensure listings are 
based on the best scientific and commercial data available. NMFS is 
soliciting the names of recognized experts in the field that could take 
part in the peer review process for this status review (see ADDRESSES). 
Independent peer reviewers will be selected from the academic and 
scientific community, tribal and other Native American groups, Federal 
and state agencies, the private sector, and public interest groups.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: June 17, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 04-14244 Filed 6-22-04; 8:45 am]
BILLING CODE 3510-22-S