Endangered and Threatened Wildlife and Plants; Adding 20 Coral Species to the List of Endangered and Threatened Wildlife, 67356-67359 [2014-26893]
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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
and promptly construct if authorized.
Substituting channel 11 for channel 21
will further the Commission’s goal of
clearing UHF spectrum for new uses
and allow WPXS to provide improved
service to viewers, which serves the
public interest.
DATES: This rule is effective December
15, 2014.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Joyce.Bernstein@
fcc.gov, Media Bureau, (202) 418–1647.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 143–139,
adopted October 30, 2014, and released
October 31, 2014. The full text of this
document is available for public
inspection and copying during normal
business hours in the FCC’s Reference
Information Center at Portals II, CY–
A257, 445 12th Street SW., Washington,
DC, 20554. This document will also be
available via ECFS (https://
fjallfoss.fcc.gov/ecfs/). This document
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–478–3160 or via the company’s
Web site, https://www.bcpiweb.com. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for
small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
rmajette on DSK2TPTVN1PROD with RULES
List of Subjects in 47 CFR Part 73
Television.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
15:19 Nov 12, 2014
Jkt 235001
1. The authority citation for 48 CFR
parts 217 and 219 continues to read as
follows:
■
PART 73—RADIO BROADCAST
SERVICES
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
1. The authority citation for part 73
continues to read as follows:
PART 217—SPECIAL CONTRACTING
METHODS
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Illinois is amended by removing
channel 21 and adding channel 11 at
Mount Vernon.
■
[FR Doc. 2014–26796 Filed 11–12–14; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 217 and 219
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
2. Revise section 217.207 to read as
follows:
■
217.207
Exercise of options.
(c) In addition to the requirements at
FAR 17.207(c), exercise an option only
after determining that the contractor’s
record in the System for Award
Management database is active and the
contractor’s Data Universal Numbering
System (DUNS) number, Commercial
and Government Entity (CAGE) code,
name, and physical address are
accurately reflected in the contract
document. See PGI 217.207 for the
requirement to perform cost or price
analysis of spare parts prior to
exercising any option for firm-fixedprice contracts containing spare parts.
PART 219—SMALL BUSINESS
PROGRAMS
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
219.201
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
DATES: Effective November 13, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Manuel Quinones, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6088; facsimile
571–372–6094.
SUPPLEMENTARY INFORMATION:
This final rule amends the DFARS as
follows:
1. Directs contracting officers to
additional procedures and guidance by
adding references at 217.207 to DFARS
PGI 217.207.
2. Corrects paragraph designation at
219.201.
[FR Doc. 2014–26599 Filed 11–12–14; 8:45 am]
AGENCY:
SUMMARY:
List of Subjects in 48 CFR Parts 217 and
219
Government procurement.
Federal Communications Commission.
Barbara A. Kreisman,
Chief, Video Division, Media Bureau.
VerDate Sep<11>2014
Commission amends 47 CFR Part 73 as
follows:
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 217 and 219
are amended as follows:
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
[Amended]
3. Amend section 219.201 by
redesignating paragraphs (d) and (e) as
paragraphs (c) and (d) respectively.
■
BILLING CODE 5001–06–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–HQ–ES–2014–0055;
4500030113]
RIN 1018–BA63
Endangered and Threatened Wildlife
and Plants; Adding 20 Coral Species to
the List of Endangered and Threatened
Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), in
accordance with the Endangered
Species Act of 1973, as amended (Act),
are amending the List of Endangered
and Threatened Wildlife (List) by
adding 20 species of corals: Boulder star
coral (Orbicella franksi), lobed star coral
(Orbicella annularis), mountainous star
coral (Orbicella faveolata), pillar coral
(Dendrogyra cylindrus), rough cactus
SUMMARY:
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Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
coral (Mycetophyllia ferox), Acropora
globiceps, Acropora jacquelineae,
Acropora lokani, Acropora pharaonis,
Acropora retusa, Acropora rudis,
Acropora speciosa, Acropora tenella,
Anacropora spinosa, Euphyllia
paradivisa, Isopora crateriformis,
Montipora australiensis, Pavona
diffluens, Porites napopora, and
Seriatopora aculeata. These
amendments are based on previously
published determinations by the
National Marine Fisheries Service
(NMFS) of the National Oceanic and
Atmospheric Administration,
Department of Commerce, which has
jurisdiction for these species.
DATES: This rule is effective November
13, 2014. Applicability date: The 20
coral listings were applicable as of
October 10, 2014.
FOR FURTHER INFORMATION CONTACT:
Douglas Krofta, Chief, Branch of
Endangered Species Listing, U.S. Fish
and Wildlife Service, MS–ES, 5275
Leesburg Pike, Falls Church, VA 22041–
3803; 703–358–2171.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act (16 U.S.C.
1531 et seq.) and Reorganization Plan
No. 4 of 1970 (35 FR 15627; October 6,
1970), NMFS has jurisdiction over the
marine and anadromous taxa identified
in this rule. Under section 4(a)(2) of the
Act, NMFS must decide whether a
species under its jurisdiction should be
classified as an endangered or
threatened species. NMFS makes these
determinations via its rulemaking
process. We, the Service, are then
responsible for publishing final rules to
amend the List in title 50 of the Code
of Federal Regulations (CFR) at 50 CFR
17.11(h).
On December 7, 2012, NMFS
published a proposed rule (77 FR
73220) to list 66 petitioned coral
species, 12 as endangered and 54 as
threatened, and to reclassify from
threatened to endangered two coral
species (elkhorn coral (Acropora
Vertebrate population
where endangered or
threatened
Historic range
rmajette on DSK2TPTVN1PROD with RULES
*
Corals
Coral, [no
common
name].
Coral, [no
common
name].
VerDate Sep<11>2014
Scientific name
*
*
Acropora
globiceps.
Acropora
jacquelineae.
15:19 Nov 12, 2014
*
U.S.A. (Guam, Commonwealth
of the Northern Mariana Islands, Pacific Remote Island
Areas, American Samoa);
and wider Indo-Pacific.
U.S.A. (American Samoa); and
wider Indo-Pacific.
Jkt 235001
Required Determinations
National Environmental Policy Act
We have determined that an
environmental assessment, as defined
under the authority of the National
Environmental Policy Act of 1969, need
not be prepared in connection with
regulations adopted pursuant to section
4(a) of the Act. We outlined our reasons
for this determination in the Federal
Register on October 25, 1983 (48 FR
49244).
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; 4201–4245, unless otherwise noted.
Administrative Procedure Act
Because NMFS provided a public
comment period on the proposed rules
for these taxa, and because this action
of the Service to amend the List in
accordance with the determination by
NMFS is nondiscretionary, the Service
finds good cause that the notice and
public comment procedures of 5 U.S.C.
553(b) are unnecessary for this action.
We also find good cause under 5 U.S.C.
553(d)(3) to make this rule effective
immediately. The NMFS rules extended
protection under the Act to these
species and listed them in 50 CFR parts
223 and 224; this rule is an
administrative action to add the species
Species
Common name
to the List of Endangered and
Threatened Wildlife at 50 CFR 17.11(h).
The public would not be served by
delaying the effective date of this
rulemaking action.
palmata) and staghorn coral (Acropora
cervicornis)) already listed under the
Act. NMFS solicited public comments
on the proposed rule through March 7,
2013. On September 20, 2013, NMFS
published a notice of 6-month extension
of the deadline for the final coral
species’ determinations because of
substantial disagreement regarding the
sufficiency and accuracy of the data and
analyses relevant to the proposed listing
determinations (78 FR 57835).
On September 10, 2014, NMFS
published a final rule (79 FR 53852) to
list 20 of the 66 proposed coral species
as threatened species. The listing of the
20 species was effective October 10,
2014. In that same rule, NMFS also
determined that elkhorn coral and
staghorn coral did not warrant
reclassification from threatened to
endangered. However, we revise the
elkhorn coral and staghorn coral listings
in this rule to make the information in
the Historic Range column consistent
with the other coral entries; the listing
status of threatened remains unchanged
for these two species.
In the September 10, 2014, final rule
(79 FR 53852), NMFS addressed all
public comments received in response
to the proposed rule. By publishing this
final rule, we are simply taking the
necessary administrative step to codify
these changes in the List in 50 CFR
17.11(h).
PO 00000
Frm 00045
2. Amend § 17.11(h) under Corals by:
a. Revising the entries for ‘‘Coral,
elkhorn’’ and ‘‘Coral, staghorn’’ to read
as set forth below; and
■ b. Adding 20 entries in alphabetical
order for: ‘‘Coral, [no common name]’’
(15 entries); ‘‘Coral, boulder star’’;
‘‘Coral, lobed star’’; ‘‘Coral,
mountainous star’’; ‘‘Coral, pillar’’; and
‘‘Coral, rough cactus’’, to read as
follows:
■
■
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
Status
*
When
listed
*
*
Critical
habitat
*
Special
rules
*
Entire .........................
T
853
NA
NA
Entire .........................
T
853
NA
NA
Fmt 4700
Sfmt 4700
E:\FR\FM\13NOR1.SGM
13NOR1
67358
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
Species
Historic range
Acropora lokani
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Coral, boulder star.
Entire .........................
T
853
NA
NA
Indo-Pacific ...............................
Entire .........................
T
853
NA
NA
Acropora
retusa.
Coral, [no
common
name].
Coral, [no
common
name].
Coral, [no
common
name].
Indo-Pacific ...............................
Acropora
pharaonis.
Common name
Vertebrate population
where endangered or
threatened
U.S.A. (Guam, Commonwealth
of the Northern Mariana Islands, Pacific Remote Island
Areas, American Samoa);
and wider Indo-Pacific.
U.S.A. (American Samoa); and
wider Indo-Pacific.
Entire .........................
T
853
NA
NA
Entire .........................
T
853
NA
NA
U.S.A. (Pacific Remote Island
Areas, American Samoa);
and wider Indo-Pacific.
Indo-Pacific ...............................
Entire .........................
T
853
NA
NA
Entire .........................
T
853
NA
NA
Anacropora
spinosa.
Indo-Pacific ...............................
Entire .........................
T
853
NA
NA
Euphyllia
paradivisa.
U.S.A. (American Samoa); and
wider Indo-Pacific.
Entire .........................
T
853
NA
NA
Isopora
crateriformis.
U.S.A. (American Samoa); and
wider Indo-Pacific.
Entire .........................
T
853
NA
NA
Montipora
australiensis.
Indo-Pacific ...............................
Entire .........................
T
853
NA
NA
Pavona
diffluens.
Indo-Pacific ...............................
Entire .........................
T
853
NA
NA
Porites
napopora.
Indo-Pacific ...............................
Entire .........................
T
853
NA
NA
Seriatopora
aculeata.
U.S.A. (Guam, Commonwealth
of the Northern Mariana Islands); and wider Indo-Pacific.
U.S.A. (FL, PR, USVI, Gulf of
Mexico); and wider Caribbean.
U.S.A. (FL, PR, USVI); and
wider Caribbean.
U.S.A. (FL, PR, USVI, Gulf of
Mexico); and wider Caribbean.
U.S.A. (FL, PR, USVI, Gulf of
Mexico); and wider Caribbean.
Entire .........................
T
853
NA
NA
Entire .........................
T
853
NA
NA
Entire .........................
T
853
226.216
223.208
Entire .........................
T
853
NA
NA
Entire .........................
T
853
NA
NA
U.S.A.
wider
U.S.A.
wider
U.S.A.
wider
Entire .........................
T
853
NA
NA
Entire .........................
T
853
NA
NA
Entire .........................
T
853
226.216
223.208
Scientific name
Acropora rudis
Acropora
speciosa.
Acropora
tenella.
Orbicella
franksi.
Coral, elkhorn.
Coral, lobed
star.
Acropora
palmata.
Orbicella
annularis.
Coral,
mountainous
star.
Coral, pillar
Orbicella
faveolata.
rmajette on DSK2TPTVN1PROD with RULES
Coral, rough
cactus.
Coral,
staghorn.
VerDate Sep<11>2014
Dendrogyra
cylindrus.
Mycetophyllia
ferox.
Acropora
cervicornis.
15:19 Nov 12, 2014
Jkt 235001
(FL, PR, USVI); and
Caribbean.
(FL, PR, USVI); and
Caribbean.
(FL, PR, USVI); and
Caribbean.
PO 00000
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Fmt 4700
Sfmt 9990
Status
E:\FR\FM\13NOR1.SGM
When
listed
13NOR1
Critical
habitat
Special
rules
Federal Register / Vol. 79, No. 219 / Thursday, November 13, 2014 / Rules and Regulations
*
*
*
*
ID NOAA–NMFS–2014–0081). Those
documents, and the small entity
compliance guide prepared for this final
rule, are also available from NMFS at
the following address: Michael D.
Tosatto, Regional Administrator, NMFS,
Pacific Islands Regional Office (PIRO),
1845 Wasp Blvd., Building 176,
Honolulu, HI 96818. The initial
regulatory flexibility analysis (IRFA)
and final regulatory flexibility analysis
(FRFA) prepared under the authority of
the Regulatory Flexibility Act (RFA) are
included in the proposed rule and this
final rule, respectively.
FOR FURTHER INFORMATION CONTACT: Tom
Graham, NMFS PIRO, 808–725–5032.
SUPPLEMENTARY INFORMATION:
*
Dated: November 4, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2014–26893 Filed 11–12–14; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 140131088–4913–02]
RIN 0648–BD94
International Fisheries; Western and
Central Pacific Fisheries for Highly
Migratory Species; Fishing Effort
Limits in Purse Seine Fisheries for
2014
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations
under authority of the Western and
Central Pacific Fisheries Convention
Implementation Act (WCPFC
Implementation Act) to revise the 2014
limit on fishing effort by U.S. purse
seine vessels in the U.S. exclusive
economic zone (U.S. EEZ) and on the
high seas between the latitudes of 20° N.
and 20° S. in the area of application of
the Convention on the Conservation and
Management of Highly Migratory Fish
Stocks in the Western and Central
Pacific Ocean (Convention). The total
limit for 2014 is revised from 2,588
fishing days to 1,828 fishing days. This
action is necessary for the United States
to implement provisions of a
conservation and management measure
(CMM) adopted by the Commission for
the Conservation and Management of
Highly Migratory Fish Stocks in the
Western and Central Pacific Ocean
(Commission) and to satisfy the
obligations of the United States under
the Convention, to which it is a
Contracting Party.
DATES: This rule is effective December
15, 2014.
ADDRESSES: Copies of supporting
documents prepared for this final rule,
including the regulatory impact review
(RIR) and the Supplemental Information
Report prepared for National
Environmental Policy Act (NEPA)
purposes, as well as the proposed rule,
are available via the Federal eRulemaking Portal, at
www.regulations.gov (search for Docket
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:49 Nov 12, 2014
Jkt 235001
Background
On July 25, 2014, NMFS published a
proposed rule in the Federal Register
(79 FR 43373) to revise regulations at 50
CFR part 300, subpart O, to implement
a decision of the Commission. The
proposed rule was open for public
comment through August 25, 2014.
This final rule is issued under the
authority of the WCPFC Implementation
Act (16 U.S.C. 6901 et seq.), which
authorizes the Secretary of Commerce,
in consultation with the Secretary of
State and the Secretary of the
Department in which the United States
Coast Guard is operating (currently the
Department of Homeland Security), to
promulgate such regulations as may be
necessary to carry out the obligations of
the United States under the Convention,
including the decisions of the
Commission. The authority to
promulgate regulations has been
delegated to NMFS.
This final rule implements for U.S.
fishing vessels some of the purse seinerelated provisions of the Commission’s
Conservation and Management Measure
(CMM) 2013–01, ‘‘Conservation and
Management Measure for Bigeye,
Yellowfin and Skipjack Tuna in the
Western and Central Pacific Ocean.’’
The preamble to the proposed rule
includes detailed background
information, including on the
Convention and the Commission, the
provisions of CMM 2013–01 being
implemented in this rule, and the bases
for the proposed regulations, which is
not repeated here.
New Requirements
This final rule revises the existing
limit on the number of fishing days that
may be used by U.S. purse seine vessels
in 2014 in an area called the Effort Limit
Area for Purse Seine (ELAPS). The
ELAPS includes all areas of the high
seas and U.S. EEZ within the
Convention Area between the latitudes
of 20° North and 20° South (but not the
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
67359
U.S. territorial sea). The limit is revised
from 2,588 fishing days to 1,828 fishing
days.
Once NMFS determines during 2014
that, based on available information, the
limit is expected to be reached by a
specific future date, NMFS will issue a
notice in the Federal Register
announcing the closure of the U.S.
purse seine fishery in the ELAPS
starting on that specific future date.
Upon any closure, it will be prohibited
to use a U.S. purse seine vessel to fish
in the ELAPS through the end of the
calendar year. NMFS will publish the
notice at least seven calendar days
before the effective date of the closure
to provide fishermen advance notice of
the closure.
Comments and Responses
NMFS received three sets of
comments on the proposed rule and
supporting documents. The comments
are summarized below, followed by
responses from NMFS.
Comment 1: I support this rule to
reduce fishing days in order to conserve
our fish stocks.
Response: NMFS acknowledges the
comment.
Comment 2: I fail to see how the
proposed rule would protect the stock
with the Asian and Pacific Island
countries continuing to add boats to
their Pacific Ocean fleets while the
United States plays into their hands and
continues to strangle-hold our fleet.
Soon, all fish sold in the U.S. market
will be sourced from foreign vessels,
which are less-than-ideal role models.
These areas are highly regulated, as
U.S. boats must be U.S.-built and have
a fisheries endorsement to fish in these
areas; and that is less than one third of
the U.S. fleet. My boat is U.S.-built but
cannot fish in U.S. waters. But instead
of our government helping me to gain
access, it just adds more unnecessary
regulations.
There are countries that continue to
add boats and to fish on fish aggregating
devices even during the closure while
not living up to their responsibilities
that are already in place.
I propose to postpone implementing
the limit until a long-term solution is
agreed and implemented by all in the
Commission, as this is not a permanent
solution. These areas are not in danger
from U.S. boats. However, the U.S. boats
are the eyes and ears, and have in the
past found and reported illegal,
unreported, and unregulated fishing in
the U.S. EEZ. The U.S. boats do not
receive any reimbursement for time or
E:\FR\FM\13NOR1.SGM
13NOR1
]]>Agencies
[Federal Register Volume 79, Number 219 (Thursday, November 13, 2014)]
[Rules and Regulations]
[Pages 67356-67359]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26893]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS-HQ-ES-2014-0055; 4500030113]
RIN 1018-BA63
Endangered and Threatened Wildlife and Plants; Adding 20 Coral
Species to the List of Endangered and Threatened Wildlife
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in
accordance with the Endangered Species Act of 1973, as amended (Act),
are amending the List of Endangered and Threatened Wildlife (List) by
adding 20 species of corals: Boulder star coral (Orbicella franksi),
lobed star coral (Orbicella annularis), mountainous star coral
(Orbicella faveolata), pillar coral (Dendrogyra cylindrus), rough
cactus
[[Page 67357]]
coral (Mycetophyllia ferox), Acropora globiceps, Acropora jacquelineae,
Acropora lokani, Acropora pharaonis, Acropora retusa, Acropora rudis,
Acropora speciosa, Acropora tenella, Anacropora spinosa, Euphyllia
paradivisa, Isopora crateriformis, Montipora australiensis, Pavona
diffluens, Porites napopora, and Seriatopora aculeata. These amendments
are based on previously published determinations by the National Marine
Fisheries Service (NMFS) of the National Oceanic and Atmospheric
Administration, Department of Commerce, which has jurisdiction for
these species.
DATES: This rule is effective November 13, 2014. Applicability date:
The 20 coral listings were applicable as of October 10, 2014.
FOR FURTHER INFORMATION CONTACT: Douglas Krofta, Chief, Branch of
Endangered Species Listing, U.S. Fish and Wildlife Service, MS-ES, 5275
Leesburg Pike, Falls Church, VA 22041-3803; 703-358-2171.
SUPPLEMENTARY INFORMATION:
Background
In accordance with the Act (16 U.S.C. 1531 et seq.) and
Reorganization Plan No. 4 of 1970 (35 FR 15627; October 6, 1970), NMFS
has jurisdiction over the marine and anadromous taxa identified in this
rule. Under section 4(a)(2) of the Act, NMFS must decide whether a
species under its jurisdiction should be classified as an endangered or
threatened species. NMFS makes these determinations via its rulemaking
process. We, the Service, are then responsible for publishing final
rules to amend the List in title 50 of the Code of Federal Regulations
(CFR) at 50 CFR 17.11(h).
On December 7, 2012, NMFS published a proposed rule (77 FR 73220)
to list 66 petitioned coral species, 12 as endangered and 54 as
threatened, and to reclassify from threatened to endangered two coral
species (elkhorn coral (Acropora palmata) and staghorn coral (Acropora
cervicornis)) already listed under the Act. NMFS solicited public
comments on the proposed rule through March 7, 2013. On September 20,
2013, NMFS published a notice of 6-month extension of the deadline for
the final coral species' determinations because of substantial
disagreement regarding the sufficiency and accuracy of the data and
analyses relevant to the proposed listing determinations (78 FR 57835).
On September 10, 2014, NMFS published a final rule (79 FR 53852) to
list 20 of the 66 proposed coral species as threatened species. The
listing of the 20 species was effective October 10, 2014. In that same
rule, NMFS also determined that elkhorn coral and staghorn coral did
not warrant reclassification from threatened to endangered. However, we
revise the elkhorn coral and staghorn coral listings in this rule to
make the information in the Historic Range column consistent with the
other coral entries; the listing status of threatened remains unchanged
for these two species.
In the September 10, 2014, final rule (79 FR 53852), NMFS addressed
all public comments received in response to the proposed rule. By
publishing this final rule, we are simply taking the necessary
administrative step to codify these changes in the List in 50 CFR
17.11(h).
Administrative Procedure Act
Because NMFS provided a public comment period on the proposed rules
for these taxa, and because this action of the Service to amend the
List in accordance with the determination by NMFS is nondiscretionary,
the Service finds good cause that the notice and public comment
procedures of 5 U.S.C. 553(b) are unnecessary for this action. We also
find good cause under 5 U.S.C. 553(d)(3) to make this rule effective
immediately. The NMFS rules extended protection under the Act to these
species and listed them in 50 CFR parts 223 and 224; this rule is an
administrative action to add the species to the List of Endangered and
Threatened Wildlife at 50 CFR 17.11(h). The public would not be served
by delaying the effective date of this rulemaking action.
Required Determinations
National Environmental Policy Act
We have determined that an environmental assessment, as defined
under the authority of the National Environmental Policy Act of 1969,
need not be prepared in connection with regulations adopted pursuant to
section 4(a) of the Act. We outlined our reasons for this determination
in the Federal Register on October 25, 1983 (48 FR 49244).
List of Subjects in 50 CFR Part 17
Endangered and threatened species, Exports, Imports, Reporting and
recordkeeping requirements, Transportation.
Regulation Promulgation
Accordingly, we amend part 17, subchapter B of chapter I, title 50
of the Code of Federal Regulations, as set forth below:
PART 17--[AMENDED]
0
1. The authority citation for part 17 continues to read as follows:
Authority: 16 U.S.C. 1361-1407; 1531-1544; 4201-4245, unless
otherwise noted.
0
2. Amend Sec. 17.11(h) under Corals by:
0
a. Revising the entries for ``Coral, elkhorn'' and ``Coral, staghorn''
to read as set forth below; and
0
b. Adding 20 entries in alphabetical order for: ``Coral, [no common
name]'' (15 entries); ``Coral, boulder star''; ``Coral, lobed star'';
``Coral, mountainous star''; ``Coral, pillar''; and ``Coral, rough
cactus'', to read as follows:
Sec. 17.11 Endangered and threatened wildlife.
* * * * *
(h) * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species
-------------------------------------------------- Historic range Vertebrate population where Status When Critical Special
Common name Scientific name endangered or threatened listed habitat rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Corals
Coral, [no common name]... Acropora U.S.A. (Guam, Entire...................... T 853 NA NA
globiceps. Commonwealth of the
Northern Mariana
Islands, Pacific
Remote Island Areas,
American Samoa); and
wider Indo-Pacific.
Coral, [no common name]... Acropora U.S.A. (American Entire...................... T 853 NA NA
jacquelineae. Samoa); and wider
Indo-Pacific.
[[Page 67358]]
Coral, [no common name]... Acropora lokani.. Indo-Pacific.......... Entire...................... T 853 NA NA
Coral, [no common name]... Acropora Indo-Pacific.......... Entire...................... T 853 NA NA
pharaonis.
Coral, [no common name]... Acropora retusa.. U.S.A. (Guam, Entire...................... T 853 NA NA
Commonwealth of the
Northern Mariana
Islands, Pacific
Remote Island Areas,
American Samoa); and
wider Indo-Pacific.
Coral, [no common name]... Acropora rudis... U.S.A. (American Entire...................... T 853 NA NA
Samoa); and wider
Indo-Pacific.
Coral, [no common name]... Acropora speciosa U.S.A. (Pacific Remote Entire...................... T 853 NA NA
Island Areas,
American Samoa); and
wider Indo-Pacific.
Coral, [no common name]... Acropora tenella. Indo-Pacific.......... Entire...................... T 853 NA NA
Coral, [no common name]... Anacropora Indo-Pacific.......... Entire...................... T 853 NA NA
spinosa.
Coral, [no common name]... Euphyllia U.S.A. (American Entire...................... T 853 NA NA
paradivisa. Samoa); and wider
Indo-Pacific.
Coral, [no common name]... Isopora U.S.A. (American Entire...................... T 853 NA NA
crateriformis. Samoa); and wider
Indo-Pacific.
Coral, [no common name]... Montipora Indo-Pacific.......... Entire...................... T 853 NA NA
australiensis.
Coral, [no common name]... Pavona diffluens. Indo-Pacific.......... Entire...................... T 853 NA NA
Coral, [no common name]... Porites napopora. Indo-Pacific.......... Entire...................... T 853 NA NA
Coral, [no common name]... Seriatopora U.S.A. (Guam, Entire...................... T 853 NA NA
aculeata. Commonwealth of the
Northern Mariana
Islands); and wider
Indo-Pacific.
Coral, boulder star....... Orbicella franksi U.S.A. (FL, PR, USVI, Entire...................... T 853 NA NA
Gulf of Mexico); and
wider Caribbean.
Coral, elkhorn............ Acropora palmata. U.S.A. (FL, PR, USVI); Entire...................... T 853 226.216 223.208
and wider Caribbean.
Coral, lobed star......... Orbicella U.S.A. (FL, PR, USVI, Entire...................... T 853 NA NA
annularis. Gulf of Mexico); and
wider Caribbean.
Coral, mountainous star... Orbicella U.S.A. (FL, PR, USVI, Entire...................... T 853 NA NA
faveolata. Gulf of Mexico); and
wider Caribbean.
Coral, pillar............. Dendrogyra U.S.A. (FL, PR, USVI); Entire...................... T 853 NA NA
cylindrus. and wider Caribbean.
Coral, rough cactus....... Mycetophyllia U.S.A. (FL, PR, USVI); Entire...................... T 853 NA NA
ferox. and wider Caribbean.
Coral, staghorn........... Acropora U.S.A. (FL, PR, USVI); Entire...................... T 853 226.216 223.208
cervicornis. and wider Caribbean.
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 67359]]
* * * * *
Dated: November 4, 2014.
Stephen Guertin,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. 2014-26893 Filed 11-12-14; 8:45 am]
BILLING CODE 4310-55-P
