[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Rules and Regulations]
[Pages 19511-19512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 240312-0079]
RIN 0648-BG26


Endangered and Threatened Species; Designation of Critical 
Habitat for Threatened Caribbean Corals; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: NMFS corrects an error in the final rule designating critical 
habitat for threatened Caribbean corals that published in the Federal 
Register on August 9, 2023. The final rule incorrectly identified the 
northern geographic extent of critical habitat designated for Orbicella 
franksi as St. Lucie Inlet, Martin County, Florida in the ``Table of 
the Locations of the Critical Habitat Units for Orbicella franksi, O. 
annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia 
ferox,'' codified at 50 CFR 266.230(b) and in Table 4 of the Critical 
Habitat Unit Descriptions in the preamble of the rule. This correcting 
amendment fixes that error by revising the description of the 
geographic extent of the OFRA-1 Unit to refer to Lake Worth Inlet, Palm 
Beach County, Florida.

DATES: This rule is effective on March 19, 2024.

ADDRESSES: Information regarding this final rule correction can be 
found on the NMFS website at: https://www.fisheries.noaa.gov/action/final-rule-designate-critical-habitat-threatened-caribbean-corals.

FOR FURTHER INFORMATION CONTACT: Jennifer Moore, NMFS, SERO, 727-824-
5312, [email protected]; Heather Austin, NMFS, Office of 
Protected Resources, 301-427-8422, [email protected].

SUPPLEMENTARY INFORMATION: 

[[Page 19512]]

Need for Correction

    In the final rule designating critical habitat for the threatened 
Caribbean corals (88 FR 54026, August 9, 2023), NMFS inaccurately 
identified the northern geographic extent of Orbicella franksi as St. 
Lucie Inlet, Martin County, Florida in Table 2 of 50 CFR 226.230(b) and 
in Table 4 of the Critical Habitat Unit Descriptions in the preamble of 
the rule. The species has never occurred north of Lake Worth Inlet, 
Palm Beach County, Florida. The reference to St. Lucie Inlet, Martin 
County, Florida was an accidental conflation (i.e., copy/paste error) 
with its sister species, Orbicella faveolata. The correct geographic 
extent of the OFRA-1 Unit is Lake Worth Inlet, Palm Beach County, 
Florida, as stated in Figure 13 of 50 CFR 226.230(f) (i.e., the map of 
the OFRA-1 Unit). The correct geographic extent is also stated in Table 
1 of 50 CFR 226.230(a) as extending only to Palm Beach County.
    As directed by 50 CFR 424.12(c), each critical habitat area will be 
shown on a map, with more-detailed information discussed in the 
preamble of the rulemaking documents published in the Federal Register. 
Textual information may be included for purposes of clarifying or 
refining the location and boundaries of each area or to explain the 
exclusion of sites (e.g., paved roads, buildings) within the mapped 
area. Each area will be referenced to the State(s), county(ies), or 
other local government units within which all or part of the critical 
habitat is located. Unless otherwise indicated within the critical 
habitat descriptions, the names of the State(s) and county(ies) are 
provided for informational purposes only and do not constitute the 
boundaries of the area. As noted above, the map of this unit at 50 CFR 
226.230(f), which is the regulatory designation, correctly identifies 
the northern extent of the species. The references to the State 
(Florida) and county (Palm Beach) are also correct in Table 1 of 50 CFR 
226.230(a). Thus, NMFS corrects the information in Table 2 that 
identifies the geographic extent of O. franksi to refer to Lake Worth 
Inlet instead of St. Lucie Inlet.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment because it would be unnecessary and 
contrary to the public interest. This correcting amendment corrects the 
identification of the geographic extent of one of the units of critical 
habitat for O. franksi. The public was provided prior notice and 
comment on the proposed designation, which correctly identified the 
boundary of the critical habitat unit for O. franksi in Table 1 of the 
preamble, in Table 1 at 50 CFR 266.230(a), and in the map of the unit 
(Figure 13 of 50 CFR 226.230(f)), which is the regulatory designation. 
No comments were received about this boundary. Therefore, providing 
prior notice and opportunity for public comment on this correction to 
Table 2 at 50 CFR 226.230(b) is unnecessary and contrary to the public 
interest because this is a non-substantive change and retaining the 
inconsistent and incorrect information may cause confusion.
    For the reasons stated above, the Assistant Administrator also 
finds good cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day 
delay in effective date for this correction amendment (i.e., it is 
unnecessary and contrary to the public interest since it is a non-
substantive change, the public was provided prior notice and comment on 
the proposed designation which correctly identified the boundary of the 
critical habitat unit for O. franksi in Table 1 of the preamble, in 
Table 1 at 50 CFR 266.230(a), and in the map of the unit (Figure 13 of 
50 CFR 226.230(f)), which is the regulatory designation, and no 
comments were received about this boundary).
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. Accordingly, no Regulatory Flexibility 
Analysis is required and none has been prepared.

List of Subjects in 50 CFR Part 226

    Endangered and threatened species.

    Dated: March 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
226 as follows:

PART 226--DESIGNATED CRITICAL HABITAT

0
1. The authority citation for part 226 continues to read as follows:

    Authority: 16 U.S.C. 1533.


0
2. In Sec.  226.230 (b), under the subheading ``Orbicella franksi'', 
revise the table entry for OFRA-1 to read as follows:


Sec.  226.230  Critical habitat for the Caribbean Boulder Star Coral 
(Orbicella franksi), Lobed Star Coral (O. annularis), Mountainous Star 
Coral (O. faveolata), Pillar Coral (Dendrogyra cylindrus), and Rough 
Cactus Coral (Mycetophyllia ferox).

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    (b) * * *

 Table 2 to Paragraph (b)--Table of the Locations of the Critical Habitat Units for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus,
                                                                 and Mycetophyllia ferox
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                                      Critical  habitat  unit
              Species                           name                      Location                     Geographic extent             Water depth range
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Orbicella franksi..................  OFRA-1...................  Florida....................  Lake Worth Inlet, Palm Beach County   2-40 m (6.5-131 ft).
                                                                                              to Government Cut, Miami-Dade
                                                                                              County.
                                                                Florida....................  Government Cut, Miami-Dade County to  0.5-40 m (1.6-131
                                                                                              Dry Tortugas.                         ft).
 
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[FR Doc. 2024-05795 Filed 3-18-24; 8:45 am]
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