[Federal Register Volume 86, Number 84 (Tuesday, May 4, 2021)]
[Proposed Rules]
[Pages 23657-23659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 210427-0091;RTID 0648-XR115]


Endangered and Threatened Species; Removal of Siderastrea glynni 
From the Federal List of Threatened and Endangered Species

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

ACTION: Proposed rule; request for comments.

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SUMMARY: We, NMFS, are issuing a proposed rule to remove a coral, 
Siderastrea glynni, from the Federal List of Threatened and Endangered 
Species as recommended in the recent 5-year review of the species under 
the Endangered Species Act (ESA). We propose this action based on 
recently obtained genetic and morphological information that 
demonstrates that S. glynni does not meet the statutory definition of a 
species, and therefore does not qualify for listing under the ESA.

DATES: Information and comments on the subject action must be received 
by July 6, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2020-0165, by the following method:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2020-0165 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: You must submit comments by the above method to 
ensure that we receive, document, and consider them. Comments sent by 
any other method, to any other address or individual, or received after 
the end of the comment period, may not be considered by NMFS. All 
comments received are a part of the public record and will generally be 
posted for public viewing on www.regulations.gov without change. All 
personal identifying information (e.g., name, address, etc.), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the sender will be publicly accessible. We 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Adrienne Lohe, NMFS Office of 
Protected Resources, [email protected], (301) 427-8442.

SUPPLEMENTARY INFORMATION:

Background

    On July 15, 2013, WildEarth Guardians petitioned us to list 81 
marine species, including Siderastrea glynni, as threatened or 
endangered under the ESA and to designate critical habitat. On October 
25, 2013, we found that the petition presented substantial scientific 
information indicating that listing three species of foreign corals, 
including S. glynni, may be warranted, and initiated a Status Review 
(78 FR 63941).
    The Status Review (Meadows 2014) used the best available scientific 
and commercial data to consider the status of and extinction risk to 
each of the three species. The Status Review noted genetic similarities 
between S. glynni (occurring in the eastern Pacific) and the Caribbean 
coral species Siderastrea siderea but ultimately concluded that S. 
glynni was a valid and unique species until more precise genetic 
studies could resolve the uncertainty about its status. Based on the 
lack of known populations in the wild, a small captive population in a 
single location, low growth rate and genetic diversity, and potential 
increased threats from El Ni[ntilde]o, climate change, disease and 
other development and habitat degradation should it be reintroduced to 
Panama, extinction risk for this species was assessed to be high. 
Informed by the Status Review and our interpretation of the best 
available scientific and commercial data, NMFS published a final rule 
to list the species as endangered under the ESA on October 7, 2015, and 
the listing became effective on November 6, 2015 (80 FR 60560).
    On April 7, 2020, we announced a 5-year review (85 FR 19456) for 
three foreign coral species including S. glynni. The 5-year review was 
completed on September 16, 2020 (NMFS 2020), and is available at: 
https://www.fisheries.noaa.gov/resource/document/3-foreign-corals-5-year-review. To complete the review, we collected, evaluated, and 
incorporated all information on the species that had become available 
since October 2015, the date of the final listing rule, including newly 
obtained genetic and morphological information relating to its 
taxonomy. This newly obtained information and the 5-year review inform 
the conclusions in this proposed rule.

New Information Regarding Species Taxonomy

    The discovery of S. glynni occurred in 1992 at Urab[aacute] Island, 
Panama Gulf, where five live colonies of Siderastrea sp. were found, 
one of which was collected and designated as the holotype for the new 
species (Budd and Guzm[aacute]n 1994). The remaining four colonies of 
S. glynni were subsequently transplanted to aquaria at the Smithsonian 
Tropical Research Institute on Naos Island, Panama, and despite 
extensive search efforts, no other colonies have been found in the area 
(Glynn et al. 2016). The presence of the species in the eastern Pacific 
was noteworthy because the other extant Siderastrea species were only 
known to occur in the western Pacific and the tropical Atlantic (Glynn 
et al. 2016). Additionally, no fossil evidence exists for Siderastrea 
occurring in the eastern Pacific over the last 5 million years 
(LaJeunesse et al. 2016).
    As reported in the Status Review, a study by Forsman et al. (2005) 
found Siderastrea glynni to be genetically very similar to the 
Caribbean coral species Siderastrea siderea. The study provided two 
possible explanations for these results: (1) That S. siderea and S. 
glynni are the same species and that S. glynni may have recently passed 
through or been carried across the Panama Canal to the Pacific Ocean 
side, or (2) that S. glynni evolved from S. siderea, likely about 2 to 
2.3 million years ago during a period of high sea level when the 
Isthmus of Panama may have been breached, allowing inter-basin transfer 
of species' ancestors. The Status Review concluded that S. glynni was a 
valid and unique species until more precise genetic studies could 
resolve the uncertainty about its taxonomy.
    The 5-year review synthesizes significant new information regarding 
the taxonomic classification of S. glynni that has become available 
since the species was listed as endangered. LaJeunesse et al. (2016) 
found S. glynni to host endosymbionts Symbiodinium trenchii and Sy. 
goreaui, both of which occur in S. siderea in the Atlantic. (Based on 
recent taxonomic revisions to

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the family Symbiodiniaceae, these two endosymbionts are now identified 
as Durusdinium trenchii and Cladocopium goreaui, respectively 
(LaJeunesse et al. 2017)). In fact, the study by LaJeunesse et al. 
(2016) provided the first record of both of these endosymbionts in the 
eastern Pacific. A comparison of the single multilocus genotype of D. 
trenchii found in all five S. glynni colonies to other D. trenchii 
genotypes from several regions around the world provide evidence that 
the D. trenchii genotype from the eastern Pacific originated from the 
Greater Caribbean. The D. trenchii genotype found in the S. glynni 
colonies was an exact match to the D. trenchii genotype of a S. siderea 
colony in Cura[ccedil]ao, indicating that the presence of D. trenchii 
in the eastern Pacific is almost certainly a result of an introduction 
from the Atlantic (LaJeunesse et al. 2016). Furthermore, the genotype 
of D. trenchii recovered from S. glynni was found to be genetically 
distinct from other genotypes of closely related endosymbionts of 
family Symbiodiniaceae living in co-occurring eastern Pacific corals of 
the genus Pocillopora, and is therefore atypical of the region 
(LaJeunesse et al. 2016). More recently, the closely related 
endosymbiont in the eastern Pacific was identified as a new species 
(Durusdinium glynni) distinct from D. trenchii, further supporting 
their differentiation (Wham et al. 2017). LaJeunesse et al. (2016) 
conclude that S. glynni is likely to be S. siderea introduced from the 
Atlantic.
    Glynn et al. (2016) discuss several lines of evidence further 
supporting the synonymy of S. glynni and S. siderea. First, the authors 
discuss the location and timing of the introduction of S. siderea to 
the site where S. glynni was discovered. In the early 1980s, blocks of 
S. siderea skeletons were transplanted from the Caribbean side of 
Panama to a reef at Urab[aacute] Island in the eastern Pacific as part 
of a comparative study of bioerosion (Kleemann 1990). After a period of 
several months, regenerating patches of S. siderea on the blocks were 
apparent; several fragments from these blocks were redeposited on the 
Urab[aacute] patch reef (the same site where S. glynni was discovered) 
in 1982 and were not retrieved (Glynn et al. 2016). Using the initial 
size (approximately 1 cm diameter) and expected growth rate (5.2 mm per 
year over a 10-year period) of the introduced S. siderea fragments, a 
10 cm spherical colony would be expected after 10 years (Glynn et al. 
2016). The five colonies found in 1992 measured between 7 and 10 cm in 
diameter, supporting the timeline of introduction (Budd and 
Guzm[aacute]n 1994).
    Glynn et al. (2016) also provide morphological evidence for the 
proposed synonymy. Despite observed variability in micro-skeletal 
traits among S. siderea, S. radians, and the type specimen of S. 
glynni, a single-factor multivariate analysis of variance (MANOVA) 
showed no significant differences with respect to all of the examined 
traits across the three species (F3,17 = 2.2937, p = 0.1146) (Glynn et 
al. 2016). There are, however, morphological differences between the S. 
glynni specimens and S. siderea as initially described by Budd and 
Guzm[aacute]n (1994), including growth form (S. glynni was found 
unattached while S. siderea is typically attached) as well as corallite 
wall structure, which was not quantified in the analysis by Glynn et 
al. (2016). The authors suggest that as the oceanic conditions in the 
Gulf of Panama are quite different from those in the Caribbean, certain 
skeletal features of the Pacific colonies could have been 
environmentally influenced, leading Budd and Guzm[aacute]n to declare 
the discovered colonies a new species of Siderastrea (Glynn et al. 
2016).
    Based on this substantial evidence, Glynn et al. (2016) conclude 
that the live fragments of S. siderea deposited by Kleeman in 1982 are 
the same that were found by Guzm[aacute]n in 1992, and therefore, that 
S. glynni should be considered a junior synonym of S. siderea. After 
reviewing the best available information, we agree that S. glynni is a 
synonym of S. siderea and not a separate taxonomic species or 
subspecies. It cannot qualify as a distinct population segment (DPS) 
under the statutory definition of a species because DPSs can be 
identified only for vertebrate fish or wildlife. Therefore, S. glynni 
does not meet the statutory definition of a species under the ESA.

Effects of Determination

    Under section 4(c)(1) and 4(c)(2) of the ESA, the Secretary shall 
undertake a 5-year review of a listed species and consider, among other 
things, whether a species' listing status should be changed. Pursuant 
to implementing regulations at 50 CFR 424.11(e), a species shall be 
delisted if the Secretary of Commerce finds that, after conducting a 
status review based on the best scientific and commercial data 
available:
    (1) The species is extinct;
    (2) The species does not meet the definition of an endangered 
species or a threatened species; or
    (3) The listed entity does not meet the statutory definition of a 
species.
    We are proposing to remove S. glynni from the Federal List of 
Threatened and Endangered Species because the new genetic and 
morphological data evaluated and interpreted in the context of the best 
available data indicate that the listed entity is a junior synonym of 
S. siderea and does not meet the statutory definition of a species. If 
S. glynni is delisted, then the protections of the ESA would no longer 
apply. In addition, because Siderastrea siderea is not listed as an 
endangered species or threatened species under the ESA, our proposed 
delisting of S. glynni would have no effect on S. siderea.
    Per the joint NMFS-U.S. Fish and Wildlife Service Post-Delisting 
Monitoring Plan Guidance (2008, updated in 2018), the post-delisting 
monitoring requirements of section 4(g) of the ESA apply without 
exception to all species delisted due to biological recovery, but do 
not pertain to species delisted for other reasons. Based on this 
reasoning, there is no need for a post-delisting monitoring plan for S. 
glynni.

References Cited

    The complete citations for the references used in this document can 
be obtained by contacting NMFS (See ADDRESSES and FOR FURTHER 
INFORMATION CONTACT).

Information Quality Act and Peer Review

    In December 2004, the Office of Management and Budget (OMB) issued 
a Final Information Quality Bulletin for Peer Review establishing 
minimum peer review standards, a transparent process for public 
disclosure of peer review planning, and opportunities for public 
participation. The OMB Peer Review Bulletin, implemented under the 
Information Quality Act (Pub. L. 106-554), is intended to enhance the 
quality and credibility of the Federal government's scientific 
information, and applies to influential or highly influential 
scientific information disseminated on or after June 16, 2005.
    To satisfy our requirements under the OMB Peer Review Bulletin, 
this proposed rule was subject to peer review in accordance with the 
Bulletin. A peer review plan was posted on the NOAA peer review agenda 
and can be found at the following website: https://www.noaa.gov/organization/information-technology/information-quality-peer-review-id423. The agency did not receive public comments on the plan. Our 
synthesis and assessment of scientific information supporting this 
proposed action was peer reviewed via

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individual letters soliciting the expert opinions of four qualified 
specialists selected from the academic and scientific community. The 
charge to the peer reviewers and the peer review report have been 
placed in the administrative record and posted on the agency's peer 
review agenda. In meeting the OMB Peer Review Bulletin requirements, we 
have also satisfied the requirements of the 1994 joint U.S. Fish and 
Wildlife Service/NMFS peer review policy (59 FR 34270; July 1, 1994).

Classification

National Environmental Policy Act (NEPA)

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the 
information that may be considered when assessing species for listing 
to the best scientific and commercial data available. Based on this 
limitation of criteria for a listing decision and the opinion in 
Pacific Legal Foundation v. Andrus, 657 F. 2d 829 (6th Cir. 1981), we 
have concluded that NEPA does not apply to ESA listing actions. (See 
NOAA Administrative Order 216-6.)

Executive Order 12866, Regulatory Flexibility Act, and Paperwork 
Reduction Act

    As noted in the Conference Report on the 1982 amendments to the 
ESA, economic impacts cannot be considered when assessing the status of 
a species. Therefore, the economic analysis requirements of the 
Regulatory Flexibility Act are not applicable to the listing process. 
In addition, this proposed rule is exempt from review under Executive 
Order 12866. This proposed rule does not contain a collection of 
information requirement for the purposes of the Paperwork Reduction 
Act.

Executive Order 13132, Federalism

    E.O. 13132 requires agencies to take into account any federalism 
impacts of regulations under development. It includes specific 
consultation directives for situations where a regulation will preempt 
state law, or impose substantial direct compliance costs on state and 
local governments (unless required by statute). Neither of these 
circumstances is applicable to this proposed rule.

List of Subjects in 50 CFR Part 224

    Endangered and threatened species.

    Dated: April 27, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 224 is 
proposed to be amended as follows:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for part 224 continues to read as follows:

    Authority:  16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.


Sec.  224.101   [Amended]

0
2. In Sec.  224.101, in the table in paragraph (h), under the 
subheading ``Corals'', remove the entry for ``Coral, [no common name] 
(Siderastrea glynni)''.

[FR Doc. 2021-09090 Filed 5-3-21; 8:45 am]
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