[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Rules and Regulations]
[Pages 74378-74380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28335]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 211202-0250]
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: Final rule.
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SUMMARY: We, NMFS, are issuing a final rule to remove a coral,
Siderastrea glynni, from the Federal List of Threatened and Endangered
Species. Recently obtained genetic and morphological information
demonstrates that S. glynni does not meet the statutory definition of a
species, and therefore does not qualify for listing under the
Endangered Species Act (ESA). Following public comment and peer review
of the proposed rule and supporting scientific information, this final
rule implements the changes to the listing for S. glynni.
DATES: This final rule is effective on January 31, 2022.
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. Based on the lack of known
populations in the wild, existence of only 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 habitat degradation should it be reintroduced to Panama,
extinction risk for this species was assessed to be high. Informed by
the Status Review and 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 3
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 the taxonomy
of S. glynni. This newly obtained information and the 5-year review
inform the conclusions in this final rule.
Proposed Rule
Under section 4(c)(2) of the ESA, the Secretary shall conduct, at
least once every 5 years, a 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.
Informed by the conclusions of the 5-year review (NMFS 2020) and
our interpretation of the best available scientific and commercial
data, on May 4, 2021, we issued a proposed rule (86 FR 23657) to remove
S. glynni from the Federal List of Threatened and Endangered Species
because it does not meet the statutory definition of a species. The
proposed rule included the following finding on the identity of the
species.
The discovery of S. glynni occurred in 1992 at Urab[aacute] Island,
Panama Gulf, where five live colonies of Siderastrea
[[Page 74379]]
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.
The 5-year review (NMFS 2020) 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 Symbiodinium goreaui, both of which occur in
S. siderea in the Atlantic. (Based on recent taxonomic revisions to 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 Curacao, 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.
Public Comment
Beginning on May 4, 2021, we solicited comments during a 60-day
public comment period from all interested parties (86 FR 23657). We
received one comment requesting that, given the observed variability in
morphology (including growth form and corallite wall structure) and
micro-skeletal traits, we provide a more thorough rationale for our
conclusion that the eastern Pacific population does not constitute a
subspecies of S. siderea.
Response: Based on our review of the best available information, we
conclude that S. glynni is a junior synonym of S. siderea, and we found
no indication in the available literature that the eastern Pacific
population is a subspecies of S. siderea. Glynn et al. (2016) explain
that the morphological differences between the colonies of S. glynni
and S. siderea, including the eastern Pacific population's thin septa,
porous or absent columella, and other weakly formed skeletal features,
may be the result of differing environmental conditions between the
eastern Pacific and tropical Atlantic, including the following: Carbon
dioxide concentrations, aragonite saturation state, nutrient levels,
water depth, shading, and upwelling cycles (Glynn et al. 2016).
Scleractinian corals are known to exhibit phenotypic plasticity (i.e.,
environment-induced changes in morphology), and therefore phylogenetic
relationships are often
[[Page 74380]]
clarified by the use of molecular tools (Todd 2008, Budd et al. 2010).
There is strong evidence for the synonymy of S. glynni and S. siderea
based on genetic analyses of the corals and their endosymbionts by
Forsman et al. (2005) and LaJeunesse et al. (2016), respectively.
Through comparison of ribosomal DNA sequences of the two corals, S.
glynni was found to share identical sequence types with S. siderea
(Forsman et al. 2005), and molecular analysis of endosymbionts hosted
by S. glynni provides evidence that these colonies originated from the
Atlantic (LaJeunesse et al. 2016), as discussed in the proposed rule
and above. Therefore, despite morphological differences between S.
glynni and S. siderea, there is no evidence that the former is a
subspecies of the latter. The best available scientific information
supports our conclusion that S. glynni is an introduced population of
S. siderea from the tropical western Atlantic and is therefore not a
distinct subspecies of S. siderea.
Summary of Changes From Proposed Rule
We evaluated whether any pertinent scientific or commercial
information has become available since publication of the proposed
rule. We reviewed the best available scientific and commercial
information, including the information in the peer reviews of the
proposed rule (86 FR 23657; May 4, 2021) and public comments. Based on
this information, we have made no changes in this final rule from the
proposed rule.
Final Determination and Effects of Determination
As proposed on May 4, 2021 (86 FR 23657), with this final rule we
remove S. glynni from the Federal List of Threatened and Endangered
Species because the best available data indicate that the listed entity
is synonymous with S. siderea and does not meet the statutory
definition of a species. As of the effective date, the protections of
the ESA will no longer apply to S. glynni. In addition, because S.
siderea is not listed as an endangered species or threatened species
under the ESA, our delisting of S. glynni has no effect on S. siderea.
Under section 4(g) of the ESA and per the joint NMFS-U.S. Fish and
Wildlife Service Post-Delisting Monitoring Plan Guidance (2008, updated
in 2018), post-delisting monitoring is required for species delisted
due to biological recovery, but not for species delisted for other
reasons. Therefore, 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 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, the
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 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), NMFS
has concluded that ESA listing actions are not subject to the
environmental assessment requirements of the National Environmental
Policy Act (NEPA).
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 final rule is exempt from review under Executive
Order 12866. This final 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 final rule.
List of Subjects
50 CFR Part 224
Endangered and threatened species.
Dated: December 22, 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 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.
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. 2021-28335 Filed 12-29-21; 8:45 am]
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