Petition To List 83 Species of Coral as Threatened or Endangered Under the Endangered Species Act (ESA), 22749-22750 [2012-9243]
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Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Proposed Rules
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Parts 223 and 224
RIN 0648–XT12
Petition To List 83 Species of Coral as
Threatened or Endangered Under the
Endangered Species Act (ESA)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability of reports,
request for information, and notice of
public listening sessions and scientific
workshops.
AGENCY:
We, NMFS, issue this
document to request information from
the public on a Status Review Report
and a draft Management Report we
prepared in response to a petition from
the Center for Biological Diversity (CBD)
to list 83 coral species as threatened or
endangered under the Endangered
Species Act (ESA) and to notify the
public about future public listening
sessions and scientific workshops on
this topic. The Status Review Report
examines the biology of, threats to, and
extinction risk of 82 coral species, while
the draft Management Report describes
existing regulatory mechanisms and
ongoing conservation efforts to manage
and conserve these species throughout
the Caribbean and Indo-Pacific.
Collectively, these two reports
constitute the best available scientific
and commercial information that we
have compiled to date on the 82 species
of coral under review.
The review of the status of these
species is a major undertaking because
of the large number and geographically
dispersed nature of coral species
involved. Therefore, with the approval
of a federal court, NMFS and CBD have
agreed to an extension of the previously
approved deadline for issuing the 12month finding on this petition. We are
using this extension to allow additional
opportunity for the public to provide us
with information that may further
inform our 12-month finding as to
whether the petitioned action is or is
not warranted. In addition, we will hold
two public listening sessions and two
public scientific workshops, during
which we will explain the evaluation
process and the public and experts will
have opportunity to provide any
additional relevant information on this
matter.
DATES: Comments on the documents
and additional papers, reports, and
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
14:21 Apr 16, 2012
Jkt 226001
information must be received by July 31,
2012. Dates, times, and location
information for public listening sessions
and scientific workshops will be
announced in a subsequent Federal
Register document.
ADDRESSES: You may obtain a copy of
the Status Review Report of 82
Candidate Coral Species Petitioned
Under the U.S. Endangered Species Act
(Status Review Report) and the draft
Management Report for 82 Corals Status
Review under the Endangered Species
Act: Assessment of Existing Regulatory
Mechanisms and Conservation Efforts
(Management Report) by visiting the
internet at: https://www.nmfs.noaa.gov/
stories/2012/04/
4_13_12corals_petition.html.
The two reports may also be viewed,
by appointment, during regular business
hours, at: NMFS, Pacific Islands
Regional Office, 1601 Kapiolani Blvd.
Suite 1110, Honolulu, HI 96814; or
NMFS, Southeast Regional Office, 263
13th Avenue South, St. Petersburg, FL
33701.
You may submit information,
identified by 0648–XT12, on the Status
Review Report and the draft
Management Report by any of the
following methods:
• Electronic Submission: Submit all
electronic information via electronic
mail to NMFS.82Corals@noaa.gov.
• Mail: Submit written comments to
Regulatory Branch Chief, Protected
Resources Division, National Marine
Fisheries Service, Pacific Islands
Regional Office, 1601 Kapiolani Blvd.
Suite 1110, Honolulu, HI 96814, Attn:
82 coral species; or to Assistant
Regional Administrator for Protected
Resources, NMFS, Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701; Attn: 82 coral
species.
• Fax: 808–973–2941; Attn: Protected
Resources Regulatory Branch Chief, or
727–824–5309; Attn: Assistant Regional
Administrator for Protected Resources.
FOR FURTHER INFORMATION CONTACT:
Chelsey Young, NMFS, Pacific Islands
Regional Office, 808–944–2137; Lance
Smith, NMFS, Pacific Island Regional
Office, 808–944–2258; Jennifer Moore,
NMFS, Southeast Regional Office, 727–
824–5312; or Marta Nammack, NMFS,
Office of Protected Resources, 301–427–
8469.
SUPPLEMENTARY INFORMATION:
Background
This request for information is not
part of any rulemaking action, but is
issued to assist us in determining the
most appropriate course of action on a
petition we received to list 83 species of
PO 00000
Frm 00064
Fmt 4702
Sfmt 4702
22749
coral in the Caribbean and Indo-Pacific
as threatened or endangered under the
ESA. On February 10, 2010, we
published a 90-day finding on the
petition in the Federal Register,
concluding that the petition presented
substantial scientific or commercial
information indicating that listing may
be warranted for 82 of the 83 petitioned
species (75 FR 6616). The 90-day
finding was followed by a public
comment period, during which we
received approximately 400 public
comments.
We also established a Biological
Review Team (BRT) composed of
Federal scientists to examine the status
of the 82 coral species in question and
evaluate, based on the best available
scientific information, the extinction
risk for each species. The BRT was not
charged with making recommendations
for listing. In September 2011, after
being peer-reviewed by the Center for
Independent Experts, we finalized the
Status Review Report, which is a
technical document approximately 450
pages in length (excluding references).
Separately, NMFS’ Pacific Islands and
Southeast Regional offices drafted a
Management Report (approximately 130
pages, excluding references and an
appendix) to evaluate management
activities affecting coral species across
their range, including existing
regulatory mechanisms and
conservation efforts. Together, these two
reports constitute the best available
scientific and commercial information
that we have compiled to date on the 82
species of coral under review.
On September 27, 2011, CBD sued us
challenging our failure to make a 12month finding as to the 82 coral species.
Shortly thereafter, we entered into a
stipulated settlement agreement with
CBD in which we agreed to submit our
12-month finding to the Federal
Register for publication on or before
April 15, 2012. The U.S. District Court
for the Northern District of California
(court) entered this stipulated
settlement agreement on November 8,
2011. Subsequent discussions between
CBD and us resulted in the court
modifying the deadline to require us to
submit our 12-month finding to the
Federal Register on or before December
1, 2012. The court also ordered that we
publish the Status Review Report and
draft Management Report for public
comment on or before April 15, 2012.
The response to the petition to list 83
coral species is one of the most complex
listing processes we have ever
undertaken. Given the petition’s scale
and the precedential nature of the
issues, we have determined that our
decision-making process would be
E:\FR\FM\17APP1.SGM
17APP1
22750
Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Proposed Rules
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
strengthened if we take additional time
to allow the public, non-federal experts,
non-governmental organizations, state
and territorial governments, and
academics to review and provide
information related to the Status Review
Report and draft Management Report
prior to issuing our 12-month finding.
We will hold listening sessions and
scientific workshops in the Southeast
region and Pacific Islands region and
will then consider the information
gathered through these venues and
through written submissions to inform
our 12-month finding and, if
appropriate, a proposed listing rule.
We expect that this outreach effort
will allow the public to understand
more clearly the context in which this
petition is being evaluated and the basis
and rationale supporting our 12-month
finding. We also expect this process will
ensure that any additional relevant
scientific information available is
brought to our attention. This document
is not part of the usual rulemaking
process and is unique to NMFS’
response to the petition to list 83 coral
species. Thus, the additional outreach
conducted in this case does not
establish precedent for any other ESAlisting process.
Information Solicited
We are particularly interested in
receiving information on the following:
(1) Relevant scientific information
collected or produced since the
completion of the Status Review Report
(2011) or any relevant scientific
information not included in the Report;
and
(2) Relevant management information
not included in the draft Management
Report, such as descriptions of
regulatory mechanisms for greenhouse
gas emissions globally, and for local
threats in the 83 foreign countries and
the U.S. (Florida, Hawaii, Puerto Rico,
U.S. Virgin Islands, Guam, American
Samoa, and Northern Mariana Islands),
where the 82 coral species collectively
occur.
Although this action is not a
rulemaking, we will accept information
received in response to this solicitation
and will take such information into
account, along with the information
received on the 90-day finding (75 FR
6616; February 10, 2010), when we
make our 12-month finding on whether
CBD’s petitioned action is warranted. If
you have submitted information during
the previous comment period, there is
no need to re-submit it. We request that
all information submitted be
accompanied by supporting
documentation such as maps,
bibliographic references, or reprints of
VerDate Mar<15>2010
14:21 Apr 16, 2012
Jkt 226001
pertinent publications. If possible,
comments should include the heading
of the relevant section of the Status
Review Report or draft Management
Report. Please submit any information
to the ADDRESSES listed above.
Public Listening Sessions and Scientific
Workshops
In addition to soliciting input from
the public on the Status Review Report
and draft Management Report, we will
hold one public listening session and
one scientific workshop in each of the
two relevant regions: the Southeast and
Pacific Islands, during which we will
explain the evaluation process and the
public and experts will have
opportunity to provide any additional
relevant information on this matter.
Dates, times, and locations of these
meetings will be announced in a
subsequent Federal Register document
and on our Web site at: https://
www.nmfs.noaa.gov/stories/2012/04/
4_13_12corals_petition.html.
We have not yet published a proposed
listing rule for the 82 coral species.
Therefore, we cannot consider
comments on whether a determination
should be made as to whether some or
all of the petitioned corals are an
endangered or threatened species. The
ESA also prohibits us from taking
economic or social impacts into
consideration in any listing decisions.
Accordingly, we cannot consider
comments on these matters.
Authority: 16 U.S.C. 1531 et seq.
Dated: April 12, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–9243 Filed 4–16–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–XA975
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish Fisheries
in the Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; intent to prepare an
environmental impact statement,
request for comments.
AGENCY:
PO 00000
Frm 00065
Fmt 4702
Sfmt 4702
NMFS, in consultation with
the North Pacific Fishery Management
Council (Council), announces its intent
to prepare an environmental impact
statement (EIS) on Steller sea lion
protection measures for the Bering Sea
and Aleutian Islands management area
(BSAI) groundfish fisheries, in
accordance with the National
Environmental Policy Act of 1969. The
proposed action would restrict
groundfish fishing in the BSAI to ensure
the groundfish fisheries are not likely to
result in jeopardy of continued
existence or adverse modification or
destruction of designated critical habitat
(JAM) for the western distinct
population segment (DPS) of Steller sea
lions. The western DPS of Steller sea
lions is listed as endangered under the
Endangered Species Act (ESA) and
NMFS must ensure that the groundfish
fisheries are not likely to result in JAM
for this DPS. NMFS intends to work
with stakeholders to develop fisheries
restrictions that avoid the likelihood of
JAM and minimize the potential
economic impact on the fishing industry
to the extent practicable while meeting
the requirements of the ESA. The
analysis in the EIS will determine the
impacts to the human environment
resulting from this proposed action and
the alternatives. In scoping for the EIS,
NMFS will accept written comments
from the public to determine the issues
of concern; the appropriate range of
management alternatives; and the direct,
indirect, and cumulative impacts.
NMFS, in coordination with the
Council, will conduct a public meeting
at the October 2012 Council meeting to
inform the public of this proposed
action and alternatives, present issues
and potential impacts, and gather public
comment.
DATES: Written comments must be
received by 5 p.m. Alaska Standard
Time (AST), October 15, 2012.
ADDRESSES: You may submit comments
on this action, identified by NOAA–
NMFS–2012–0013, by any of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0013 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on that line.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
SUMMARY:
E:\FR\FM\17APP1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Proposed Rules]
[Pages 22749-22750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9243]
[[Page 22749]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
RIN 0648-XT12
Petition To List 83 Species of Coral as Threatened or Endangered
Under the Endangered Species Act (ESA)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability of reports, request for information, and
notice of public listening sessions and scientific workshops.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, issue this document to request information from the
public on a Status Review Report and a draft Management Report we
prepared in response to a petition from the Center for Biological
Diversity (CBD) to list 83 coral species as threatened or endangered
under the Endangered Species Act (ESA) and to notify the public about
future public listening sessions and scientific workshops on this
topic. The Status Review Report examines the biology of, threats to,
and extinction risk of 82 coral species, while the draft Management
Report describes existing regulatory mechanisms and ongoing
conservation efforts to manage and conserve these species throughout
the Caribbean and Indo-Pacific. Collectively, these two reports
constitute the best available scientific and commercial information
that we have compiled to date on the 82 species of coral under review.
The review of the status of these species is a major undertaking
because of the large number and geographically dispersed nature of
coral species involved. Therefore, with the approval of a federal
court, NMFS and CBD have agreed to an extension of the previously
approved deadline for issuing the 12-month finding on this petition. We
are using this extension to allow additional opportunity for the public
to provide us with information that may further inform our 12-month
finding as to whether the petitioned action is or is not warranted. In
addition, we will hold two public listening sessions and two public
scientific workshops, during which we will explain the evaluation
process and the public and experts will have opportunity to provide any
additional relevant information on this matter.
DATES: Comments on the documents and additional papers, reports, and
information must be received by July 31, 2012. Dates, times, and
location information for public listening sessions and scientific
workshops will be announced in a subsequent Federal Register document.
ADDRESSES: You may obtain a copy of the Status Review Report of 82
Candidate Coral Species Petitioned Under the U.S. Endangered Species
Act (Status Review Report) and the draft Management Report for 82
Corals Status Review under the Endangered Species Act: Assessment of
Existing Regulatory Mechanisms and Conservation Efforts (Management
Report) by visiting the internet at: https://www.nmfs.noaa.gov/stories/2012/04/4_13_12corals_petition.html.
The two reports may also be viewed, by appointment, during regular
business hours, at: NMFS, Pacific Islands Regional Office, 1601
Kapiolani Blvd. Suite 1110, Honolulu, HI 96814; or NMFS, Southeast
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.
You may submit information, identified by 0648-XT12, on the Status
Review Report and the draft Management Report by any of the following
methods:
Electronic Submission: Submit all electronic information
via electronic mail to NMFS.82Corals@noaa.gov.
Mail: Submit written comments to Regulatory Branch Chief,
Protected Resources Division, National Marine Fisheries Service,
Pacific Islands Regional Office, 1601 Kapiolani Blvd. Suite 1110,
Honolulu, HI 96814, Attn: 82 coral species; or to Assistant Regional
Administrator for Protected Resources, NMFS, Southeast Regional Office,
263 13th Avenue South, St. Petersburg, FL 33701; Attn: 82 coral
species.
Fax: 808-973-2941; Attn: Protected Resources Regulatory
Branch Chief, or 727-824-5309; Attn: Assistant Regional Administrator
for Protected Resources.
FOR FURTHER INFORMATION CONTACT: Chelsey Young, NMFS, Pacific Islands
Regional Office, 808-944-2137; Lance Smith, NMFS, Pacific Island
Regional Office, 808-944-2258; Jennifer Moore, NMFS, Southeast Regional
Office, 727-824-5312; or Marta Nammack, NMFS, Office of Protected
Resources, 301-427-8469.
SUPPLEMENTARY INFORMATION:
Background
This request for information is not part of any rulemaking action,
but is issued to assist us in determining the most appropriate course
of action on a petition we received to list 83 species of coral in the
Caribbean and Indo-Pacific as threatened or endangered under the ESA.
On February 10, 2010, we published a 90-day finding on the petition in
the Federal Register, concluding that the petition presented
substantial scientific or commercial information indicating that
listing may be warranted for 82 of the 83 petitioned species (75 FR
6616). The 90-day finding was followed by a public comment period,
during which we received approximately 400 public comments.
We also established a Biological Review Team (BRT) composed of
Federal scientists to examine the status of the 82 coral species in
question and evaluate, based on the best available scientific
information, the extinction risk for each species. The BRT was not
charged with making recommendations for listing. In September 2011,
after being peer-reviewed by the Center for Independent Experts, we
finalized the Status Review Report, which is a technical document
approximately 450 pages in length (excluding references). Separately,
NMFS' Pacific Islands and Southeast Regional offices drafted a
Management Report (approximately 130 pages, excluding references and an
appendix) to evaluate management activities affecting coral species
across their range, including existing regulatory mechanisms and
conservation efforts. Together, these two reports constitute the best
available scientific and commercial information that we have compiled
to date on the 82 species of coral under review.
On September 27, 2011, CBD sued us challenging our failure to make
a 12-month finding as to the 82 coral species. Shortly thereafter, we
entered into a stipulated settlement agreement with CBD in which we
agreed to submit our 12-month finding to the Federal Register for
publication on or before April 15, 2012. The U.S. District Court for
the Northern District of California (court) entered this stipulated
settlement agreement on November 8, 2011. Subsequent discussions
between CBD and us resulted in the court modifying the deadline to
require us to submit our 12-month finding to the Federal Register on or
before December 1, 2012. The court also ordered that we publish the
Status Review Report and draft Management Report for public comment on
or before April 15, 2012.
The response to the petition to list 83 coral species is one of the
most complex listing processes we have ever undertaken. Given the
petition's scale and the precedential nature of the issues, we have
determined that our decision-making process would be
[[Page 22750]]
strengthened if we take additional time to allow the public, non-
federal experts, non-governmental organizations, state and territorial
governments, and academics to review and provide information related to
the Status Review Report and draft Management Report prior to issuing
our 12-month finding. We will hold listening sessions and scientific
workshops in the Southeast region and Pacific Islands region and will
then consider the information gathered through these venues and through
written submissions to inform our 12-month finding and, if appropriate,
a proposed listing rule.
We expect that this outreach effort will allow the public to
understand more clearly the context in which this petition is being
evaluated and the basis and rationale supporting our 12-month finding.
We also expect this process will ensure that any additional relevant
scientific information available is brought to our attention. This
document is not part of the usual rulemaking process and is unique to
NMFS' response to the petition to list 83 coral species. Thus, the
additional outreach conducted in this case does not establish precedent
for any other ESA-listing process.
Information Solicited
We are particularly interested in receiving information on the
following:
(1) Relevant scientific information collected or produced since the
completion of the Status Review Report (2011) or any relevant
scientific information not included in the Report; and
(2) Relevant management information not included in the draft
Management Report, such as descriptions of regulatory mechanisms for
greenhouse gas emissions globally, and for local threats in the 83
foreign countries and the U.S. (Florida, Hawaii, Puerto Rico, U.S.
Virgin Islands, Guam, American Samoa, and Northern Mariana Islands),
where the 82 coral species collectively occur.
Although this action is not a rulemaking, we will accept
information received in response to this solicitation and will take
such information into account, along with the information received on
the 90-day finding (75 FR 6616; February 10, 2010), when we make our
12-month finding on whether CBD's petitioned action is warranted. If
you have submitted information during the previous comment period,
there is no need to re-submit it. We request that all information
submitted be accompanied by supporting documentation such as maps,
bibliographic references, or reprints of pertinent publications. If
possible, comments should include the heading of the relevant section
of the Status Review Report or draft Management Report. Please submit
any information to the ADDRESSES listed above.
Public Listening Sessions and Scientific Workshops
In addition to soliciting input from the public on the Status
Review Report and draft Management Report, we will hold one public
listening session and one scientific workshop in each of the two
relevant regions: the Southeast and Pacific Islands, during which we
will explain the evaluation process and the public and experts will
have opportunity to provide any additional relevant information on this
matter. Dates, times, and locations of these meetings will be announced
in a subsequent Federal Register document and on our Web site at:
https://www.nmfs.noaa.gov/stories/2012/04/4_13_12corals_petition.html.
We have not yet published a proposed listing rule for the 82 coral
species. Therefore, we cannot consider comments on whether a
determination should be made as to whether some or all of the
petitioned corals are an endangered or threatened species. The ESA also
prohibits us from taking economic or social impacts into consideration
in any listing decisions. Accordingly, we cannot consider comments on
these matters.
Authority: 16 U.S.C. 1531 et seq.
Dated: April 12, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2012-9243 Filed 4-16-12; 8:45 am]
BILLING CODE 3510-22-P
