[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Proposed Rules]
[Pages 41935-41936]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16220]



[[Page 41935]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[RTID 0648-XB130]


Receipt of Receipt of a Petition To Issue Protective Regulations 
for Banggai Cardinalfish Under Endangered Species Act

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

ACTION: Receipt of petition for rulemaking; request for information.

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SUMMARY: We, NMFS, announce receipt of a petition to promulgate a 
rulemaking under the Endangered Species Act (ESA) to provide for the 
conservation of the Banggai cardinalfish (Pterapogon kauderni). 
Specifically, the petition requests that we extend the prohibitions of 
the ESA to this species, including prohibitions on import, export, and 
all commercial activities for both wild and captive-bred populations. 
We solicit information and comments that may be relevant to our 
analysis of protective regulations.

DATES: Written comments and information must be received by October 4, 
2021.

ADDRESSES: You may submit information on this document, identified by 
NOAA-NMFS-2021-0060, by the following method:
     Electronic Submission: Submit electronic information via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter 
NOAA-NMFS-2021-0060. Click on the ``Comment'' icon and complete the 
required fields. Enter or attach your comments.
    Instructions: Comments sent by any other method or received after 
the end of the specified period, may not be considered. 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 or protected information 
submitted voluntarily by the sender will be publicly accessible. NMFS 
will accept anonymous submissions (enter ``N/A'' in the required fields 
if you wish to remain anonymous). Attachments to electronic comments 
will be accepted in Microsoft Word, Excel, or Adobe portable electronic 
file (PDF) formats only.
    The petition and previous rulemaking documents related to the 
listing of the species can be obtained electronically on the NMFS 
website at: https://www.fisheries.noaa.gov/species/banggai-cardinalfish#conservation-management.

FOR FURTHER INFORMATION CONTACT: Stephania Bolden by phone at (727 551-
5768) or email at [email protected]; or Erin Markin by phone at 
(301 427-8416) or email at [email protected], NMFS, Office of 
Protected Resources.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(d) of the ESA provides that, whenever a species is listed 
as threatened, the Secretary of Commerce (Secretary) shall issue such 
regulations as the Secretary deems necessary and advisable to provide 
for the conservation of the species (16 U.S.C. 1533(d)). Under section 
4(d), the Secretary may by regulation extend to any threatened species 
any or all of the prohibitions in ESA section 9(a)(1), which apply 
automatically to fish or wildlife species listed as endangered (16 
U.S.C. 1538(a)(1)). Section 9(a)(1) makes it unlawful, with limited 
specified exceptions, for any person subject to the jurisdiction of the 
United States to: (A) Import any such species into, or export any such 
species from the United States; (B) take any such species within the 
United States or the territorial sea of the United States; (C) take any 
such species upon the high seas; (D) possess, sell, deliver, carry, 
transport, or ship, by any means whatsoever, any such species taken in 
violation of subparagraphs (B) and (C); (E) deliver, receive, carry, 
transport, or ship in interstate or foreign commerce, by any means 
whatsoever and in the course of a commercial activity, any such 
species; (F) sell or offer for sale in interstate or foreign commerce 
any such species; or (G) violate any regulation pertaining to such 
species or to any threatened species of fish or wildlife listed 
pursuant to section 4 of the ESA and promulgated by the Secretary 
pursuant to authority provided by the ESA.
    On January 20, 2016, we published a final rule listing Banggai 
cardinalfish as threatened under the ESA (81 FR 3023). The final 
listing rule provides a summary of our conclusions regarding the 
threats to the species, and the 2015 status review summarized the 
scientific information that informed the listing decision. These 
documents are available on the NMFS website (see ADDRESSES).
    On March 29, 2021, we published a notice announcing the initiation 
of a 5-year review of the Banggai cardinalfish and requested 
information on the species, particularly information on the status, 
threats, and recovery of the species that has become available since 
its listing (86 FR 16326). On the basis of this review, as required 
under section 4(c)(2)(B) of the ESA, we will determine whether the 
listing classification for this species remains accurate, or whether 
the species should be reclassified (from threatened to endangered) or 
delisted (16 U.S.C. 1533(c)(2)(B)).

Information in the Petition

    On April 22, 2021, we received a petition from the Center for 
Biological Diversity, Animal Welfare Institute, and the Defenders of 
Wildlife requesting we promulgate a rulemaking under section 4(d) of 
the ESA to provide for the conservation of the Banggai cardinalfish. 
The petition states that the Banggai cardinalfish are particularly 
vulnerable to extinction from collection for the aquarium trade, and 
that since the species' listing in 2016, populations have continued to 
decline, with collection from the wild still occurring to supply the 
aquarium trade. The petition also alleges the ecosystem the Banggai 
cardinalfish depend on is becoming unsuitable due to loss of key 
microhabitat species (corals, sea urchins, and sea anemones), coral 
bleaching events, and climate change. The petition states that between 
the loss of habitat and ``the decrease in the species' population 
abundance and fitness resulting from decades of overexploitation, 
Banggai cardinalfish cannot withstand continued, high levels of take 
from the wild.'' The petition concludes that an ESA section 4(d) rule 
is both ``necessary and advisable'' for the conservation of the 
species, and requests that we initiate rulemaking, specifically 
recommending we apply the prohibitions under ESA sections 9(a)(1)(A) 
and 9(a)(1)(E) through 9(a)(1)(G) (see Background) and require a 
threatened species permit for import or export of specimens, products, 
and live Banggai cardinalfish, including for introduced populations and 
captive-bred fish unless accompanied by a pre-Act Certificate of 
Exemption (50 CFR 222.201-222.205). The petition is available on the 
NMFS website (see ADDRESSES).

Information Solicited

    NMFS will consider public comments and information received in 
evaluating the request by the petitioners (see DATES and ADDRESSES). In 
addition to comments and information pertaining to any aspect of the 
petition, NMFS

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specifically requests information regarding:
     The adequacy of existing measures regulating collection 
and trade of the Banggai cardinalfish throughout its range;
     Availability and efficacy of captive-bred fish for aquaria 
trade both domestic and international;
     Information on the collection/harvest (including, but not 
limited to, number, location, mortality rate), and trade (import/export 
data, value, transit mortality rates) of wild fish for aquaria trade; 
and
     Implementation and efficacy of Indonesia's National Plan 
of Action (NPOA) (2017-2021) for Banggai cardinalfish and adequacy of 
enforcement of Banggai cardinalfish regulations.

Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-16220 Filed 8-3-21; 8:45 am]
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