Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 12-month Determination on How to Proceed with a Petition to Revise Designated Critical Habitat for Elkhorn and Staghorn Corals, 3711-3713 [2010-1204]
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uses the Trustees are using a Travel Cost
Model and are employing the Benefits
Transfer Method. To compensate for the
lost and diminished human uses arising
from the Incident, the Trustees intend to
solicit project ideas from local, regional,
State, and Federal managers of parks
and other recreational areas, as well as
from the general public. The Trustees
will then select restoration actions using
a value to cost approach, by which the
cost of the restoration actions are scaled
to the monetary value of lost and
diminished human uses.
During the restoration planning
phase, the Trustees will evaluate
potential projects, determine the scale of
restoration actions needed to make the
environment and the public whole, and
release a draft Damage Assessment and
Restoration Plan for public review and
comment. Based upon information in
the Administrative Record and the
foregoing determinations, the Trustees
intend to proceed with restoration
planning for this Incident.
Administrative Record
The Trustees have opened an
Administrative Record (‘‘Record’’) in
compliance with 15 CFR 990.45. The
Record will include documents
considered by the Trustees during the
preassessment, assessment, and
restoration planning phases of the
NRDA performed in connection with
the Incident. The Record will be
augmented with additional information
over the course of the NRDA process.
The Record is available at the following
locations:
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Larkin Street (at Grove Street), Civic
Center, San Francisco, CA 94102,
(415) 557–4400.
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The Index of the Administrative
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osprispilllnrda/nrda_cosco-busan.html;
https://www.darrp.noaa.gov/southwest/
coscolindex.html; and https://
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www.fws.gov/contaminants/Issues/
OiISpill.cfm.
Dated: January 11, 2010.
David G. Westerholm,
Director, Office of Response and Restoration,
National Ocean Service, National Oceanic
and Atmospheric Administration.
[FR Doc. 2010–1117 Filed 1–21–10; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 0907081108–91430–02]
RIN 0648–XP68
Listing Endangered and Threatened
Wildlife and Designating Critical
Habitat; 12–month Determination on
How to Proceed with a Petition to
Revise Designated Critical Habitat for
Elkhorn and Staghorn Corals
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of 12–month
determination.
SUMMARY: We, the National Marine
Fisheries Service (NMFS), announce our
12–month determination on how to
proceed with a petition to revise the
critical habitat designation for elkhorn
(Acropora palmata) and staghorn (A.
cervicornis) corals pursuant to section
4(b)(3)(D)(ii) of the Endangered Species
Act (ESA) of 1973, as amended. Elkhorn
and staghorn corals are listed as
threatened throughout their ranges and
have designated critical habitat
consisting of substrate of suitable
quality and availability to support
successful larval settlement and
recruitment, and successful
reattachment and recruitment of asexual
fragments in water depths shallower
than 30 meters in four areas in Florida,
Puerto Rico, and the U.S. Virgin Islands.
The petition seeks to extend the
northern boundary of designated critical
habitat in the Florida area to the Lake
Worth Inlet, which is approximately
15.5 miles (25 km) north of the current
boundary at Boynton Beach Inlet, based
on the discovery of staghorn corals
north of the existing critical habitat
boundary. We have evaluated the
available scientific information and
have decided, based on the adequacy of
the existing, recent designation to meet
the corals’ conservation needs, the
relatively low benefit the requested
revision would provide, the protections
afforded to the species from the recent
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3711
ESA section 4(d) regulations, and our
need to complete higher priority
conservation activities for these and
other coral species, to deny the
petitioned action.
DATES: The finding announced in this
document was made on January 22,
2010.
ADDRESSES: Interested persons may
obtain more information about critical
habitat designated for elkhorn and
staghorn corals online at the NMFS
Southeast Regional Office website:
https://sero.nmfs.noaa.gov/pr/esa/
acropora.htm.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moore by phone 727–824–5312,
fax 727–824–5309, or e-mail
jennifer.moore@noaa.gov; or Marta
Nammack by phone 301–713–1401 or email marta.nammack@noaa.gov.
SUPPLEMENTARY INFORMATION: On
January 6, 2009, NOAA received a
petition from Palm Beach County Reef
Rescue (the Petitioner) to revise the
designated critical habitat of elkhorn
(Acropora palmata) and staghorn (A.
cervicornis) corals (PBCRR, 2009). On
July 27, 2009, we issued a positive 90–
day finding that the petition presented
substantial scientific information
indicating the revision may be
warranted and initiated a 30–day
information solicitation period (74 FR
36995). Section 4(a)(3)(A)(i) of the ESA
(16 U.S.C. §§ 1533 et seq.) requires
generally that critical habitat shall be
initially designated at the time of listing
a species as threatened or endangered.
The ESA also provides that NMFS may
revise critical habitat from time-to-time
as appropriate (section 4(a)(3)(A)(ii)).
For any petition to revise a designated
critical habitat that presents substantial
scientific and commercial information,
section 4(b)(3)(D)(ii) of the ESA
provides only that, ‘‘the Secretary shall
determine how he intends to proceed
with the requested revision, and shall
promptly publish notice of such
intention in the Federal Register.’’ The
statute says nothing more about options
or considerations regarding the
Secretary’s 12–month determination.
We have fully considered all
information received in response to our
90–day finding and determined that the
most appropriate action to take in
response is to deny the petition.
Background
On November 26, 2008, we published
a final rule designating critical habitat
for elkhorn and staghorn corals (73 FR
72210). On January 6, 2009, we received
a petition from Palm Beach County Reef
Rescue (the Petitioner) to revise elkhorn
and staghorn corals’ critical habitat
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designation (PBCRR, 2009). Currently,
designated critical habitat consists of
substrate of suitable quality and
availability to support larval settlement
and recruitment, and the reattachment
and recruitment of asexual fragments in
water depths shallower than 30 meters
in four areas covering 2,959 square
miles (7663 sq km) of the species’ ranges
in Florida, Puerto Rico, and the U.S.
Virgin Islands (73 FR 72210; November
26, 2008). The Petitioner requests that
we extend the northern boundary of the
Florida area to the Lake Worth Inlet,
approximately 15.5 miles (25 km) north
of the current boundary at Boynton
Beach Inlet. This extension would result
in an expansion of the 1,329 square mile
(3442 sq km) Florida area by
approximately 45 square miles (116.5 sq
km).
Section 4(b)(3)(D)(i) of the ESA
requires us to make a 90–day finding as
to whether a petition to revise critical
habitat presents substantial scientific
information indicating that the revision
may be warranted. Our implementing
regulations (50 CFR § 424.14) define
‘‘substantial information’’ as the amount
of information that would lead a
reasonable person to believe that the
measure proposed in the petition may
be warranted. Our regulations further
provide that in making a 90–day finding
on a petition to revise critical habitat,
the ‘‘substantial information’’
determination is made based upon
considering whether a petition contains:
(i) information indicating that areas
petitioned to be added to critical habitat
contain physical and biological features
essential to, and that may require
special management to provide for, the
conservation of the species; or (ii)
information indicating that areas
designated as critical habitat do not
contain resources essential to, or do not
require special management to provide
for, the conservation of the species (50
CFR § 424.14(c)).
The petition contains information on
the location of a few staghorn coral
colonies north of Boynton Beach Inlet.
During the process of designating the
current critical habitat areas, available
information conflicted as to whether
staghorn coral was established this far
north. The petition also includes
information about the geology of the
Florida Reef Tract, suggesting that the
feature essential to elkhorn and staghorn
corals on which the existing designation
is based is present in the petitioned area
north of Boynton Beach Inlet. That
essential feature is substrate of suitable
quality and availability to support larval
settlement and recruitment, and
reattachment and recruitment of asexual
fragments. ‘‘Substrate of suitable quality
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14:43 Jan 21, 2010
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and availability’’ is defined in the
designation as natural consolidated hard
substrate or dead coral skeleton that is
free from fleshy or turf macroalgae cover
and sediment cover. The petition also
contains information on the genetic
diversity of staghorn coral. Finally, the
Petitioner suggests that the waters of
Palm Beach County represent a
potential thermal refuge for staghorn
coral. The petition does not discuss
whether the hard substrate features in
the petitioned area may require special
management considerations or
protections, but we judged it reasonable
to assume the same management
considerations and needs for protection
applicable to the feature south of
Boynton Beach Inlet would also apply
to the feature within the petitioned area.
Based on the information in the
petition and information readily
available in our files at the time, and
pursuant to criteria specified in 50 CFR
section 424.14(c), we made a 90–day
finding that the petition presents
substantial scientific information
indicating that the requested revision to
designated critical habitat for elkhorn
and staghorn corals may be warranted
(74 FR 36995; July 27, 2009).
In response to our 90–day finding we
received additional information on the
presence of staghorn coral colonies
within the general location identified in
the petition. We also received a report
verifying the presence of staghorn corals
within the general vicinity reported by
the petitioner, at about 8 miles (13 km)
north of the current boundary of the
Florida critical habitat area (Coastal EcoGroup, 2009). The report documented
51 colonies of staghorn coral, of which
21 were unattached fragments,
comprising 2 percent cover of the
surveyed reef. The report stated only
seven percent of the colonies were
larger than 9.8 in (25 cm), indicating
relatively recent colonization of the reef
by staghorn coral. There were no
colonies less than 1.9 in (5 cm) in
diameter, indicating no recent sexual
reproduction. Reconnaissance of
adjacent reefs reported only one
additional staghorn colony
approximately 1,000 ft (304 m) away
from the main site. The report also
provided a description of the geology of
the area indicating that natural
unconsolidated hard substrate may be
present; however, it suggested this
feature represented relatively low cover
and availability for staghorn coral
settlement on the reef due to the high
abundance of octocorals. Additionally,
very little staghorn rubble was observed,
indicating the reef has not recently been
dominated by staghorn corals. No
information was presented suggesting
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the elkhorn coral’s range is further north
than described in the existing critical
habitat designation.
As indicated above, the ESA provides
us with broad discretion respecting
revision of designated critical habitat,
allowing us to determine when revision
is appropriate, and affording us wide
latitude to determine how to respond to
a petition to revise critical habitat
designations. The few past petitions
requesting revisions to critical habitat
designations have been received for
designations that were completed many
years prior to the petition, and in most
of those cases extensive new
information highlighted the inadequacy
of the existing designation to meet the
species’ conservation needs. In those
instances we have accepted the petition
and initiated revisions of critical
habitat. Unlike those circumstances, we
completed the existing critical habitat
designation for the corals less than 2
months prior to receiving the current
petition, the designation encompasses
virtually all of the species’ current and
historical occupied ranges in the United
States, and the designation protects all
of the substrate essential feature in these
ranges, which we determined was
sufficiently abundant to provide for
these species’ conservation. As
discussed below, the requested revision
would provide at most a very small
conservation benefit to one of these
coral species.
On November 26, 2008, we designated
critical habitat for staghorn and elkhorn
corals throughout their occupied U.S.
ranges (73 FR 72210). Because these
species’ historic ranges have not
contracted, we determined that there
were no unoccupied areas of critical
habitat that might be essential to their
conservation. Critical habitat is defined
in relevant part as specific areas within
the geographical area occupied by the
species at the time it is listed in
accordance with the provisions of
section 4 of the ESA, and on which are
found those physical or biological
features: (i) essential to the conservation
of the species; and (ii) which may
require special management
considerations or protection. We
identified the key conservation objective
for the critical habitat designation as
facilitating increased incidence of
successful sexual and asexual
reproduction of the corals, and the
essential feature to facilitate this
objective as substrate of suitable quality
and availability to support successful
larval settlement and recruitment, and
successful reattachment and recruitment
of asexual fragments. The designation
includes all the hard substrate that
meets the definition of the essential
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feature within the species’ U.S. ranges,
with the exception of some areas of hard
substrate where these species have not
been observed and where it was
determined larvae and fragments were
unlikely to settle or attach. Given these
species’ reduced abundances, and
because the total surface area of the
essential feature is far larger than the
surface area currently occupied by the
corals, we determined the current
designation would maximize the
potential for successful recruitment and
population growth and is sufficient to
provide for the conservation of these
coral species. Section 7 consultations on
the actions of Federal agencies that may
affect the designated critical habitat will
assist in ensuring the availability of the
essential feature for the corals’
colonization and population growth.
In addition to the existing critical
habitat designation, the species are
protected by the recent ESA section 4(d)
regulations that, with few exceptions for
research and restoration activities,
extend all the ESA section 9
prohibitions to them (73 FR 64264;
October 29, 2008). We determined that
the section 4(d) regulations are
necessary and advisable to provide for
the conservation of the species. The
section 4(d) regulations apply regardless
of whether the species are within
designated critical habitat. Thus, the
newly discovered staghorn corals are
protected even though they occur north
of the existing critical habitat
designation.
The requested revision would
encompass all the suitable substrate
feature in an approximately 45 square
mile (116.5 sq km) area based on
extending the northern boundary of the
Florida area approximately 15.5 miles
(25 km). However, the new information
on the potential northern expansion of
staghorn coral’s range has been
confirmed at approximately 8 miles (13
km) north of Boynton Beach Inlet, or
about half of the petitioned expansion.
In addition, because the identified
natural unconsolidated hard substrate
feature is typically patchily distributed
and does not uniformly cover the entire
area, the actual area that would be
available for settlement and recruitment
in the petitioned area is likely much
smaller, assuming that conditions
within the entire area are conducive to
coral settlement, recruitment, and
survival everywhere the feature is
present. The available information
indicates the staghorn colonies are
present on only one reef, approximately
one mile (1.7 km) offshore in 57 ft (17.3
m) of water, and the substrate feature
potentially available for future
colonization by staghorn coral is present
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14:43 Jan 21, 2010
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only in low abundance. Further, given
the available data about staghorn corals’
historic range, we believe it is still a
question of scientific debate whether the
petitioned area represents a true
northward expansion of the species’
range, as opposed to a temporary
opportunistic occupation of the area by
broken, storm-transported fragments
outside of their natural range. Similar to
a few colonies of elkhorn coral recently
discovered at Flower Garden Banks
National Marine Sanctuary, the staghorn
corals in the petitioned area require
monitoring and evaluation to determine
whether this is an actual range
expansion at this point in geologic
history. The existing designation
includes all of the suitable substrate
throughout both corals’ ranges, with the
exception of the substrate in the
petitioned area. As we described in the
existing designation, both species have
precipitously declined in abundance
and are sparsely distributed throughout
their ranges. The essential substrate
feature included in the existing
designation is much more abundant
than the corals, and we have determined
there is sufficient substrate protected by
the designation that is available for coral
settlement, reattachment, recruitment,
and population growth.
As noted above, we received the
current petition to revise critical habitat
less than 2 months after we finalized the
existing designation. Designating critical
habitat in accordance with the
provisions of the ESA is a significant
undertaking. The process of designating
the current critical habitat for elkhorn
and staghorn corals consumed
significant personnel resources (i.e., 1.5
full-time employees) for the better part
of a 2–year period. Were we to
undertake a revision of the recently
designated critical habitat, our limited
resources would again be diverted from
other work, which in turn would delay
the completion of other priorities, yet
would only realize a very small change
(offering limited benefits) in the critical
habitat area for one of the coral species.
At this time, we believe that a greater
conservation benefit for both species of
coral, and the appropriate course of
action, lie in the completion and
implementation of a recovery plan that
is currently under development, and
that will address all threats inhibiting
the conservation and recovery of these
species throughout their ranges. We also
note that we are currently working to
implement our mandatory obligations
under the statute regarding a recently
received petition to list 83 species of
corals as endangered or threatened, 8 of
which co-occur in the Atlantic and
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3713
Caribbean Oceans with staghorn and
elkhorn corals, and to designate critical
habitat for these species.
Petition Determination
Based on the information above,
pursuant to the provisions of the ESA
respecting revision of critical habitat
and petitions for revision, we have
determined it is not timely and
appropriate to revise the recently
designated critical habitat for elkhorn
and staghorn corals, and we therefore
deny the petitioned action.
Authority: 16 U.S.C. 1531 et seq.
Dated: January 15, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010–1204 Filed 1–21–10; 8:45 am]
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]]>Agencies
[Federal Register Volume 75, Number 14 (Friday, January 22, 2010)]
[Notices]
[Pages 3711-3713]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1204]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 0907081108-91430-02]
RIN 0648-XP68
Listing Endangered and Threatened Wildlife and Designating
Critical Habitat; 12-month Determination on How to Proceed with a
Petition to Revise Designated Critical Habitat for Elkhorn and Staghorn
Corals
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of 12-month determination.
-----------------------------------------------------------------------
SUMMARY: We, the National Marine Fisheries Service (NMFS), announce our
12-month determination on how to proceed with a petition to revise the
critical habitat designation for elkhorn (Acropora palmata) and
staghorn (A. cervicornis) corals pursuant to section 4(b)(3)(D)(ii) of
the Endangered Species Act (ESA) of 1973, as amended. Elkhorn and
staghorn corals are listed as threatened throughout their ranges and
have designated critical habitat consisting of substrate of suitable
quality and availability to support successful larval settlement and
recruitment, and successful reattachment and recruitment of asexual
fragments in water depths shallower than 30 meters in four areas in
Florida, Puerto Rico, and the U.S. Virgin Islands. The petition seeks
to extend the northern boundary of designated critical habitat in the
Florida area to the Lake Worth Inlet, which is approximately 15.5 miles
(25 km) north of the current boundary at Boynton Beach Inlet, based on
the discovery of staghorn corals north of the existing critical habitat
boundary. We have evaluated the available scientific information and
have decided, based on the adequacy of the existing, recent designation
to meet the corals' conservation needs, the relatively low benefit the
requested revision would provide, the protections afforded to the
species from the recent ESA section 4(d) regulations, and our need to
complete higher priority conservation activities for these and other
coral species, to deny the petitioned action.
DATES: The finding announced in this document was made on January 22,
2010.
ADDRESSES: Interested persons may obtain more information about
critical habitat designated for elkhorn and staghorn corals online at
the NMFS Southeast Regional Office website: https://sero.nmfs.noaa.gov/pr/esa/acropora.htm.
FOR FURTHER INFORMATION CONTACT: Jennifer Moore by phone 727-824-5312,
fax 727-824-5309, or e-mail jennifer.moore@noaa.gov; or Marta Nammack
by phone 301-713-1401 or e-mail marta.nammack@noaa.gov.
SUPPLEMENTARY INFORMATION: On January 6, 2009, NOAA received a petition
from Palm Beach County Reef Rescue (the Petitioner) to revise the
designated critical habitat of elkhorn (Acropora palmata) and staghorn
(A. cervicornis) corals (PBCRR, 2009). On July 27, 2009, we issued a
positive 90-day finding that the petition presented substantial
scientific information indicating the revision may be warranted and
initiated a 30-day information solicitation period (74 FR 36995).
Section 4(a)(3)(A)(i) of the ESA (16 U.S.C. Sec. Sec. 1533 et seq.)
requires generally that critical habitat shall be initially designated
at the time of listing a species as threatened or endangered. The ESA
also provides that NMFS may revise critical habitat from time-to-time
as appropriate (section 4(a)(3)(A)(ii)). For any petition to revise a
designated critical habitat that presents substantial scientific and
commercial information, section 4(b)(3)(D)(ii) of the ESA provides only
that, ``the Secretary shall determine how he intends to proceed with
the requested revision, and shall promptly publish notice of such
intention in the Federal Register.'' The statute says nothing more
about options or considerations regarding the Secretary's 12-month
determination. We have fully considered all information received in
response to our 90-day finding and determined that the most appropriate
action to take in response is to deny the petition.
Background
On November 26, 2008, we published a final rule designating
critical habitat for elkhorn and staghorn corals (73 FR 72210). On
January 6, 2009, we received a petition from Palm Beach County Reef
Rescue (the Petitioner) to revise elkhorn and staghorn corals' critical
habitat
[[Page 3712]]
designation (PBCRR, 2009). Currently, designated critical habitat
consists of substrate of suitable quality and availability to support
larval settlement and recruitment, and the reattachment and recruitment
of asexual fragments in water depths shallower than 30 meters in four
areas covering 2,959 square miles (7663 sq km) of the species' ranges
in Florida, Puerto Rico, and the U.S. Virgin Islands (73 FR 72210;
November 26, 2008). The Petitioner requests that we extend the northern
boundary of the Florida area to the Lake Worth Inlet, approximately
15.5 miles (25 km) north of the current boundary at Boynton Beach
Inlet. This extension would result in an expansion of the 1,329 square
mile (3442 sq km) Florida area by approximately 45 square miles (116.5
sq km).
Section 4(b)(3)(D)(i) of the ESA requires us to make a 90-day
finding as to whether a petition to revise critical habitat presents
substantial scientific information indicating that the revision may be
warranted. Our implementing regulations (50 CFR Sec. 424.14) define
``substantial information'' as the amount of information that would
lead a reasonable person to believe that the measure proposed in the
petition may be warranted. Our regulations further provide that in
making a 90-day finding on a petition to revise critical habitat, the
``substantial information'' determination is made based upon
considering whether a petition contains: (i) information indicating
that areas petitioned to be added to critical habitat contain physical
and biological features essential to, and that may require special
management to provide for, the conservation of the species; or (ii)
information indicating that areas designated as critical habitat do not
contain resources essential to, or do not require special management to
provide for, the conservation of the species (50 CFR Sec. 424.14(c)).
The petition contains information on the location of a few staghorn
coral colonies north of Boynton Beach Inlet. During the process of
designating the current critical habitat areas, available information
conflicted as to whether staghorn coral was established this far north.
The petition also includes information about the geology of the Florida
Reef Tract, suggesting that the feature essential to elkhorn and
staghorn corals on which the existing designation is based is present
in the petitioned area north of Boynton Beach Inlet. That essential
feature is substrate of suitable quality and availability to support
larval settlement and recruitment, and reattachment and recruitment of
asexual fragments. ``Substrate of suitable quality and availability''
is defined in the designation as natural consolidated hard substrate or
dead coral skeleton that is free from fleshy or turf macroalgae cover
and sediment cover. The petition also contains information on the
genetic diversity of staghorn coral. Finally, the Petitioner suggests
that the waters of Palm Beach County represent a potential thermal
refuge for staghorn coral. The petition does not discuss whether the
hard substrate features in the petitioned area may require special
management considerations or protections, but we judged it reasonable
to assume the same management considerations and needs for protection
applicable to the feature south of Boynton Beach Inlet would also apply
to the feature within the petitioned area.
Based on the information in the petition and information readily
available in our files at the time, and pursuant to criteria specified
in 50 CFR section 424.14(c), we made a 90-day finding that the petition
presents substantial scientific information indicating that the
requested revision to designated critical habitat for elkhorn and
staghorn corals may be warranted (74 FR 36995; July 27, 2009).
In response to our 90-day finding we received additional
information on the presence of staghorn coral colonies within the
general location identified in the petition. We also received a report
verifying the presence of staghorn corals within the general vicinity
reported by the petitioner, at about 8 miles (13 km) north of the
current boundary of the Florida critical habitat area (Coastal Eco-
Group, 2009). The report documented 51 colonies of staghorn coral, of
which 21 were unattached fragments, comprising 2 percent cover of the
surveyed reef. The report stated only seven percent of the colonies
were larger than 9.8 in (25 cm), indicating relatively recent
colonization of the reef by staghorn coral. There were no colonies less
than 1.9 in (5 cm) in diameter, indicating no recent sexual
reproduction. Reconnaissance of adjacent reefs reported only one
additional staghorn colony approximately 1,000 ft (304 m) away from the
main site. The report also provided a description of the geology of the
area indicating that natural unconsolidated hard substrate may be
present; however, it suggested this feature represented relatively low
cover and availability for staghorn coral settlement on the reef due to
the high abundance of octocorals. Additionally, very little staghorn
rubble was observed, indicating the reef has not recently been
dominated by staghorn corals. No information was presented suggesting
the elkhorn coral's range is further north than described in the
existing critical habitat designation.
As indicated above, the ESA provides us with broad discretion
respecting revision of designated critical habitat, allowing us to
determine when revision is appropriate, and affording us wide latitude
to determine how to respond to a petition to revise critical habitat
designations. The few past petitions requesting revisions to critical
habitat designations have been received for designations that were
completed many years prior to the petition, and in most of those cases
extensive new information highlighted the inadequacy of the existing
designation to meet the species' conservation needs. In those instances
we have accepted the petition and initiated revisions of critical
habitat. Unlike those circumstances, we completed the existing critical
habitat designation for the corals less than 2 months prior to
receiving the current petition, the designation encompasses virtually
all of the species' current and historical occupied ranges in the
United States, and the designation protects all of the substrate
essential feature in these ranges, which we determined was sufficiently
abundant to provide for these species' conservation. As discussed
below, the requested revision would provide at most a very small
conservation benefit to one of these coral species.
On November 26, 2008, we designated critical habitat for staghorn
and elkhorn corals throughout their occupied U.S. ranges (73 FR 72210).
Because these species' historic ranges have not contracted, we
determined that there were no unoccupied areas of critical habitat that
might be essential to their conservation. Critical habitat is defined
in relevant part as specific areas within the geographical area
occupied by the species at the time it is listed in accordance with the
provisions of section 4 of the ESA, and on which are found those
physical or biological features: (i) essential to the conservation of
the species; and (ii) which may require special management
considerations or protection. We identified the key conservation
objective for the critical habitat designation as facilitating
increased incidence of successful sexual and asexual reproduction of
the corals, and the essential feature to facilitate this objective as
substrate of suitable quality and availability to support successful
larval settlement and recruitment, and successful reattachment and
recruitment of asexual fragments. The designation includes all the hard
substrate that meets the definition of the essential
[[Page 3713]]
feature within the species' U.S. ranges, with the exception of some
areas of hard substrate where these species have not been observed and
where it was determined larvae and fragments were unlikely to settle or
attach. Given these species' reduced abundances, and because the total
surface area of the essential feature is far larger than the surface
area currently occupied by the corals, we determined the current
designation would maximize the potential for successful recruitment and
population growth and is sufficient to provide for the conservation of
these coral species. Section 7 consultations on the actions of Federal
agencies that may affect the designated critical habitat will assist in
ensuring the availability of the essential feature for the corals'
colonization and population growth.
In addition to the existing critical habitat designation, the
species are protected by the recent ESA section 4(d) regulations that,
with few exceptions for research and restoration activities, extend all
the ESA section 9 prohibitions to them (73 FR 64264; October 29, 2008).
We determined that the section 4(d) regulations are necessary and
advisable to provide for the conservation of the species. The section
4(d) regulations apply regardless of whether the species are within
designated critical habitat. Thus, the newly discovered staghorn corals
are protected even though they occur north of the existing critical
habitat designation.
The requested revision would encompass all the suitable substrate
feature in an approximately 45 square mile (116.5 sq km) area based on
extending the northern boundary of the Florida area approximately 15.5
miles (25 km). However, the new information on the potential northern
expansion of staghorn coral's range has been confirmed at approximately
8 miles (13 km) north of Boynton Beach Inlet, or about half of the
petitioned expansion. In addition, because the identified natural
unconsolidated hard substrate feature is typically patchily distributed
and does not uniformly cover the entire area, the actual area that
would be available for settlement and recruitment in the petitioned
area is likely much smaller, assuming that conditions within the entire
area are conducive to coral settlement, recruitment, and survival
everywhere the feature is present. The available information indicates
the staghorn colonies are present on only one reef, approximately one
mile (1.7 km) offshore in 57 ft (17.3 m) of water, and the substrate
feature potentially available for future colonization by staghorn coral
is present only in low abundance. Further, given the available data
about staghorn corals' historic range, we believe it is still a
question of scientific debate whether the petitioned area represents a
true northward expansion of the species' range, as opposed to a
temporary opportunistic occupation of the area by broken, storm-
transported fragments outside of their natural range. Similar to a few
colonies of elkhorn coral recently discovered at Flower Garden Banks
National Marine Sanctuary, the staghorn corals in the petitioned area
require monitoring and evaluation to determine whether this is an
actual range expansion at this point in geologic history. The existing
designation includes all of the suitable substrate throughout both
corals' ranges, with the exception of the substrate in the petitioned
area. As we described in the existing designation, both species have
precipitously declined in abundance and are sparsely distributed
throughout their ranges. The essential substrate feature included in
the existing designation is much more abundant than the corals, and we
have determined there is sufficient substrate protected by the
designation that is available for coral settlement, reattachment,
recruitment, and population growth.
As noted above, we received the current petition to revise critical
habitat less than 2 months after we finalized the existing designation.
Designating critical habitat in accordance with the provisions of the
ESA is a significant undertaking. The process of designating the
current critical habitat for elkhorn and staghorn corals consumed
significant personnel resources (i.e., 1.5 full-time employees) for the
better part of a 2-year period. Were we to undertake a revision of the
recently designated critical habitat, our limited resources would again
be diverted from other work, which in turn would delay the completion
of other priorities, yet would only realize a very small change
(offering limited benefits) in the critical habitat area for one of the
coral species. At this time, we believe that a greater conservation
benefit for both species of coral, and the appropriate course of
action, lie in the completion and implementation of a recovery plan
that is currently under development, and that will address all threats
inhibiting the conservation and recovery of these species throughout
their ranges. We also note that we are currently working to implement
our mandatory obligations under the statute regarding a recently
received petition to list 83 species of corals as endangered or
threatened, 8 of which co-occur in the Atlantic and Caribbean Oceans
with staghorn and elkhorn corals, and to designate critical habitat for
these species.
Petition Determination
Based on the information above, pursuant to the provisions of the
ESA respecting revision of critical habitat and petitions for revision,
we have determined it is not timely and appropriate to revise the
recently designated critical habitat for elkhorn and staghorn corals,
and we therefore deny the petitioned action.
Authority: 16 U.S.C. 1531 et seq.
Dated: January 15, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-1204 Filed 1-21-10; 8:45 am]
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