[Federal Register Volume 78, Number 183 (Friday, September 20, 2013)]
[Proposed Rules]
[Pages 57835-57836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22944]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 0911231415-3799-03]
RIN 0648-XT12


Endangered and Threatened Wildlife and Plants; Notice of 6-Month 
Extension of the Final Rulemaking To List 66 Species of Coral as 
Threatened or Endangered Under the Endangered Species Act and 
Reclassify Acropora cervicornis and Acropora palmata From Threatened to 
Endangered

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

ACTION: Proposed rule; notice of 6-month extension of the deadline for 
final listing determinations; public review.

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SUMMARY: We, the National Marine Fisheries Service (NMFS), published on 
December 7, 2012, a proposed rule to list 66 species of reef-building 
corals (59 in the Pacific and seven in the Caribbean) and to re-
classify two species already listed under the Endangered Species Act 
(ESA) from threatened to endangered and requesting information related 
to the proposed action. We are announcing a 6-month extension of the 
deadline for final determinations for all of the 68 proposed corals. 
Based on comments received during the public comment period, we find 
that substantial disagreement exists regarding the sufficiency and 
accuracy of the data and analyses relevant to the 68 proposed listing 
determinations. Accordingly, we are extending the deadline for the 
final listing decisions for 6 months to solicit additional data. We 
believe that allowing an additional 6 months to evaluate and assess the 
best scientific and commercial data available would better inform our 
final listing determinations.

DATES: We are required to publish a final rule implementing the 
proposed listings and reclassifications or, if we find there is 
insufficient evidence to justify any of the proposed listings or 
reclassifications, a notice of withdrawal, no later than June 7, 2014.

ADDRESSES: The proposed rule, supporting documents, and other materials 
related to the proposed listing determinations can be found on the NMFS 
Pacific Island Regional Office Web site: http://www.fpir.noaa.gov/PRD/PRD_coral.html; NMFS Southeast Regional Office Web site: http://sero.nmfs.noaa.gov/pr/esa/82CoralSpecies.htm; NMFS HQ Web site: http://www.nmfs.noaa.gov/stories/2012/11/82corals.html; or by submitting a 
request to the Regulatory Branch Chief, Protected Resources Division, 
National Marine Fisheries Service, Pacific Islands Regional Office, 
1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814, Attn: 66 coral 
species.

FOR FURTHER INFORMATION CONTACT: Lance Smith, NMFS, Pacific Islands 
Regional Office, (808) 944-2258; Chelsey Young, NMFS, Pacific Islands 
Regional Office, (808) 944-2137, Jennifer Moore, NMFS, Southeast 
Regional Office, (727) 824-5312, or Marta Nammack, NMFS, Office of 
Protected Resources (301) 427-8469.

SUPPLEMENTARY INFORMATION:

Background

    On December 7, 2012, we published a proposed rule in the Federal 
Register (77 FR 73219) in response to a petition from the Center of 
Biological Diversity to list 83 species of reef-building corals as 
threatened or endangered under the ESA. We determined that 12 of the 
petitioned coral species warrant listing as endangered (five Caribbean 
and seven Indo-Pacific), 54 coral species warrant listing as threatened 
(two Caribbean and 52 Indo-Pacific), and 16 coral species (all Indo-
Pacific) do not warrant listing as threatened or endangered under the 
ESA. We also determined that two Caribbean corals (Acropora cervicornis 
and Acropora palmata) currently listed warrant reclassification from 
threatened to endangered. Via a 90-day comment period, we solicited 
comments from the public, other concerned governmental agencies, the 
scientific community, industry, foreign nations in which the species 
occur, and any other interested parties. We subsequently extended the 
public comment period by 30 days, making the full comment period 120 
days to allow adequate time for the public to thoroughly review and 
comment on the proposed rule. We received comments through electronic 
submissions, letters, and oral testimony from public hearings held in 
Dania Beach, Florida; Key Largo, Florida; Key West, Florida; Rio 
Piedras, Puerto Rico; Mayaguez, Puerto Rico; Christiansted, St. Croix, 
U.S. Virgin Islands; Charlotte Amalie, St. Thomas, U.S. Virgin Islands; 
Hilo, Hawaii, Hawaii; Kailua Kona, Hawaii, Hawaii; Kaunakakai, Molokai, 
Hawaii; Wailuku, Maui, Hawaii; Lihue, Kauai, Hawaii; Honolulu, Oahu, 
Hawaii; Hagatna, Guam; Saipan, Commonwealth of the Northern Marianas 
Islands (CNMI); Tinian, CNMI; Rota, CNMI; and Tutuila, American Samoa.
    During the public comment period, we received numerous comments on 
the proposed listing and the sufficiency or accuracy of the available 
data used to support the proposed listing determinations. In 
particular, commenters raised questions and provided varied, often 
conflicting, information regarding the following topics:
    (1) Interpretation of the data relating to extinction risk and 
proposed species' listing statuses.
    (2) The sufficiency and quality, or lack thereof, of the species-
specific information used for each species' proposed listing 
determination.
    (3) The accuracy of the methods used to analyze the available 
information to assess extinction risk (including NMFS's ``Determination 
Tool'') and derive listing statuses for each of the proposed species.
    (4) The ability of corals to adapt or acclimatize to ocean warming 
and acidification.
    (5) The reliability, certainty, scale, and variability of future 
modeling and predictions of climate change.
    (6) The effect local management efforts have on coral resilience.
    We have considered these comments, and we find that substantial 
disagreement exists over the sufficiency and accuracy of the available 
data used in support of the proposed determinations.

Extension of Final Listing Determinations

    The ESA, section 4(b)(6), requires that we take one of three 
actions within 1 year of publication of a proposed rule to list or 
reclassify species: (1) Finalize the proposed listing rule; (2) 
withdraw the proposed listing rule; or (3) extend the final 
determination by not more than 6 months, if there is substantial 
disagreement regarding the sufficiency or accuracy of the available 
data relevant to the determination, for the purposes of soliciting 
additional data. As summarized above, we received numerous comments 
that document

[[Page 57836]]

substantial disagreement regarding the sufficiency or accuracy of the 
available data on six particular aspects of this proposed rulemaking. 
In many cases the commenters identified additional sources of 
information on these issues, but did not provide the actual 
information. Specifically, commenters raised questions and concerns 
regarding the availability, sufficiency and accuracy of species-
specific information for many of the proposed coral species, including 
species' geographic ranges, distributions, population abundances, 
historical and current trends, threat vulnerabilities, and taxonomy, 
and those elements' relative influence on individual extinction risk 
and proposed listing classification. Others commented that the 
information used did not support the agency's findings on imminence of 
extinction for any of the proposed species, while some indicated the 
available information did indicate that extinction risk is imminent. 
There was significant disagreement regarding our application of 
available information on individual species' ability to adapt to 
climate threats over the foreseeable future. There was also 
disagreement on our application of available information to predict 
impacts of global climate change on any particular species, or at any 
particular location. Further, comments highlighted the complexities and 
uncertainties in information used to determine threat impacts and 
extinction risks to individual, widely distributed coral species in 
light of spatial and temporal variability of the climate related 
threats. Finally, several commenters stated that we did not fully or 
adequately evaluate information on the benefits of local management and 
conservation efforts on the status and resiliency of corals to threats.
    Due to the substantial disagreement regarding the sufficiency and 
accuracy of the available data used to support our proposed listing 
determinations, we have determined it is necessary to solicit 
additional data from those scientists who have been identified by 
public commenters and others who, in our judgment, may have additional 
data to assist in resolving the substantial disagreement.
    Therefore, pursuant to the ESA section 4(b)(6)(B)(i), we have 
determined that a 6-month extension of the deadline of December 7, 
2013, for final determinations on the proposed rule is needed. We will 
complete our data collection effort by October 1, 2013. All the 
relevant information that we receive in response to our solicitation 
will be posted on our Web sites (see ADDRESSES) by November 1, 2013, to 
provide notice to the public of the information on which our final rule 
may be based. As noted in the proposed listing rule, we were previously 
required to make final determinations on the 68 proposed listings and 
reclassifications no later than December 7, 2013. Therefore, with this 
6-month extension, we are required to make final determinations on the 
proposed listings and reclassifications no later than June 7, 2014.

Opportunity for Public Review

    We will complete our data solicitation efforts by October 1, 2013. 
Our solicitations and all relevant information that we receive in 
response will be posted on our Web sites (see ADDRESSES) by November 1, 
2013, to provide notice to the public of new information on which our 
final rule may be based. Finally, if additional public review and 
comment is warranted, a request for comments will be published in the 
Federal Register.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: September 16, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-22944 Filed 9-19-13; 8:45 am]
BILLING CODE 3510-22-P