Endangered and Threatened Wildlife and Plants; Notice of 12-Month Finding on a Petition To List the Orange Clownfish as Threatened or Endangered Under the Endangered Species Act, 51235-51247 [2015-20754]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 163 (Monday, August 24, 2015)]
[Notices]
[Pages 51235-51247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20754]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 130718637-5699-02]
RIN 0648-XC775


Endangered and Threatened Wildlife and Plants; Notice of 12-Month 
Finding on a Petition To List the Orange Clownfish as Threatened or 
Endangered Under the Endangered Species Act

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

ACTION: Notice of 12-month finding and availability of a status review 
report.

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SUMMARY: We, NMFS, announce a 12-month finding and listing 
determination on a petition to list the orange clownfish (Amphiprion 
percula) as threatened or endangered under the Endangered Species Act 
(ESA). We have completed a comprehensive status review under the ESA 
for the orange clownfish and we determined that, based on the best 
scientific and commercial data available, the orange clownfish does not 
warrant listing under the ESA. We conclude that the orange clownfish is 
not currently in danger of extinction throughout all or a significant 
portion of its range and is not likely to become so within the 
foreseeable future.

DATES: The finding announced in this notice was made on August 24, 
2015.

ADDRESSES: You can obtain the petition, status review report, 12-month 
finding, and the list of references electronically on our NMFS Web site 
at: https://www.fpir.noaa.gov/PRD/prd_reef_fish.html.

FOR FURTHER INFORMATION CONTACT: Krista Graham, NMFS, Pacific Islands 
Regional Office, (808) 725-5152; or Kimberly Maison, NMFS, Pacific 
Islands Regional Office, (808) 725-5143; or Chelsey Young, NMFS, Office 
of Protected Resources, (301) 427-8491.

SUPPLEMENTARY INFORMATION:

Background

    On September 14, 2012, we received a petition from the Center for 
Biological Diversity (Center for Biological Diversity, 2012) to list 
eight species of pomacentrid reef fish as threatened or endangered 
under the ESA and to designate critical habitat for these species 
concurrent with the listing. The species are the orange clownfish 
(Amphiprion percula) and seven other damselfishes: The yellowtail 
damselfish (Microspathodon chrysurus), Hawaiian dascyllus (Dascyllus 
albisella), blue-eyed damselfish (Plectroglyphidodon johnstonianus), 
black-axil chromis (Chromis atripectoralis), blue-green damselfish 
(Chromis viridis), reticulated damselfish (Dascyllus reticulatus), and 
blackbar devil or Dick's damselfish (Plectroglyphidodon dickii). Given 
the geographic ranges of these species, we divided our initial response 
to the petition between our Pacific Islands Regional Office (PIRO) and 
Southeast Regional Office (SERO). PIRO led the response for the seven 
Indo-Pacific species. On September 3, 2014, PIRO published a positive 
90-day finding (79 FR 52276) for the orange clownfish announcing that 
the petition presented substantial scientific or commercial information 
indicating the petitioned action of listing the orange clownfish may be 
warranted and explained the basis for that finding. We also announced a 
negative 90-day finding for the six Indo-Pacific damselfishes: The 
Hawaiian dascyllus, blue-eyed damselfish, black-axil chromis, blue-
green damselfish, reticulated damselfish, and blackbar devil or Dick's 
damselfish. SERO led the response to the petition to list the 
yellowtail damselfish and, on February 18, 2015, announced a negative 
90-day finding for that species (80 FR 8619).
    In our positive 90-day finding for the orange clownfish, we also 
announced the initiation of a status review of the species, as required 
by section 4(b)(3)(A) of the ESA, and requested information to inform 
the agency's decision on whether the species warranted listing as 
endangered or threatened under the ESA.
    We are responsible for determining whether species are threatened 
or endangered under the ESA (16 U.S.C. 1531 et seq.). To make this 
determination, we first consider whether a group of organisms 
constitutes a ``species'' under the ESA, then whether the status of the 
species qualifies it for listing as either threatened or endangered. 
Section 3 of the ESA defines ``species'' to include ``any subspecies of 
fish or wildlife or plants, and any distinct population segment of any 
species of vertebrate fish or wildlife which interbreeds when mature.'' 
On February 7, 1996, NMFS and the U.S. Fish and Wildlife Service 
(USFWS; together, the Services) adopted a policy describing what 
constitutes a distinct population segment (DPS) of a taxonomic species 
(the DPS Policy; 61 FR 4722). The DPS Policy identifies two elements 
that must be considered when identifying a DPS: (1) The discreteness of 
the population segment in relation to the remainder of the species (or 
subspecies) to which it belongs; and (2) the significance of the 
population segment to the remainder of the species (or subspecies) to 
which it belongs. As stated in the DPS Policy, Congress expressed its 
expectation that the Services would exercise authority with regard to 
DPSs sparingly and only when the biological evidence indicates such 
action is warranted. Based on the scientific information available, we 
determined that the orange clownfish (Amphiprion percula) is a 
``species'' under the ESA. There is nothing in the scientific 
literature indicating that this species should be further divided into 
subspecies or DPSs.
    Section 3 of the ESA defines an endangered species as ``any species 
which is in danger of extinction throughout all or a significant 
portion of its range'' and a threatened species as one ``which is 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.'' We interpret an 
``endangered species'' to be one that is presently in danger of 
extinction. A ``threatened species,'' on the other hand, is not 
presently at risk of extinction, but is likely to become so in the 
foreseeable future. In other words, the primary statutory difference 
between an endangered and threatened species is the timing of when a 
species may be in danger of extinction, either presently (endangered) 
or in the foreseeable future (threatened).
    When we consider whether a species might qualify as threatened 
under the ESA, we must consider the meaning of the term ``foreseeable 
future.'' It is appropriate to interpret ``foreseeable future'' as the 
horizon over which predictions about the conservation status of the 
species can be reasonably relied upon. The foreseeable future

[[Page 51236]]

considers the life history of the species, habitat characteristics, 
availability of data, particular threats, ability to predict threats, 
and the reliability to forecast the effects of these threats and future 
events on the status of the species under consideration. Because a 
species may be susceptible to a variety of threats for which different 
data are available, or which operate across different time scales, the 
foreseeable future is not necessarily reducible to a particular number 
of years. In determining an appropriate ``foreseeable future'' 
timeframe for the orange clownfish, we considered the generation length 
of the species and the estimated life span of the species. Generation 
length, which reflects turnover of breeding individuals and accounts 
for non-breeding older individuals, is greater than first age of 
breeding but lower than the oldest breeding individual (IUCN 2015) 
(i.e., the age at which half of total reproductive output is achieved 
by an individual). For the orange clownfish, we estimated this to range 
between 6 and 15 years. We concluded that two to three generation 
lengths of the species comports with the estimated lifespan of 
approximately 30 years for the orange clownfish (Buston and Garcia, 
2007). Therefore, we conservatively define the foreseeable future for 
the orange clownfish as approximately 30 years from the present.
    On July 1, 2014, NMFS and USFWS published a policy to clarify the 
interpretation of the phrase ``significant portion of its range'' (SPR) 
in the ESA definitions of ``threatened'' and ``endangered'' (the SPR 
Policy; 79 FR 37578). Under this policy, the phrase ``significant 
portion of its range'' provides an independent basis for listing a 
species under the ESA. In other words, a species would qualify for 
listing if it is determined to be endangered or threatened throughout 
all of its range or if it is determined to be endangered or threatened 
throughout a significant portion of its range. The policy consists of 
the following four components:
    (1) If a species is found to be endangered or threatened in only an 
SPR, the entire species is listed as endangered or threatened, 
respectively, and the ESA's protections apply across the species' 
entire range.
    (2) A portion of the range of a species is ``significant'' if the 
species is not endangered or threatened throughout its range, and its 
contribution to the viability of the species is so important that, 
without the members in that portion, the species would be in danger of 
extinction or likely to become so in the foreseeable future, throughout 
all of its range.
    (3) The range of a species is considered to be the general 
geographical area within which that species can be found at the time 
USFWS or NMFS makes any particular status determination. This range 
includes those areas used throughout all or part of the species' life 
cycle, even if they are not used regularly (e.g., seasonal habitats). 
Lost historical range is relevant to the analysis of the status of the 
species, but it cannot constitute an SPR.
    (4) If a species is not endangered or threatened throughout all of 
its range but is endangered or threatened within an SPR, and the 
population in that significant portion is a valid DPS, we will list the 
DPS rather than the entire taxonomic species or subspecies.
    We considered this policy in evaluating whether to list the orange 
clownfish as endangered or threatened under the ESA.
    Section 4(a)(1) of the ESA requires us to determine whether any 
species is endangered or threatened due to any one of the following 
five threat factors: The present or threatened destruction, 
modification, or curtailment of its habitat or range; overutilization 
for commercial, recreational, scientific, or educational purposes; 
disease or predation; the inadequacy of existing regulatory mechanisms; 
or other natural or manmade factors affecting its continued existence. 
We are also required to make listing determinations based solely on the 
best scientific and commercial data available, after conducting a 
review of the species' status and after taking into account efforts 
being made by any state or foreign nation to protect the species.
    In assessing extinction risk of this species, we considered the 
demographic viability factors developed by McElhany et al. (2000) and 
the risk matrix approach developed by Wainwright and Kope (1999) to 
organize and summarize extinction risk considerations. The approach of 
considering demographic risk factors to help frame the consideration of 
extinction risk has been used in many of our status reviews (see https://www.nmfs.noaa.gov/pr/species for links to these reviews). In this 
approach, the collective condition of individual populations is 
considered at the species level according to four demographic viability 
factors: Abundance, growth rate/productivity, spatial structure/
connectivity, and diversity. These viability factors reflect concepts 
that are well founded in conservation biology and that individually and 
collectively provide strong indicators of extinction risk.
    Scientific conclusions about the overall risk of extinction faced 
by the orange clownfish under present conditions and in the foreseeable 
future are based on our evaluation of the species' demographic risks 
and section 4(a)(1) threat factors. Our assessment of overall 
extinction risk considered the likelihood and contribution of each 
particular factor, synergies among contributing factors, and the 
cumulative effects of all demographic risks and threats to the species.
    NMFS PIRO staff conducted the status review for the orange 
clownfish. In order to complete the status review, we compiled 
information on the species' biology, demography, ecology, life history, 
threats, and conservation status from information contained in the 
petition, our files, a comprehensive literature search, and 
consultation with experts. We also considered information submitted by 
the public in response to our petition findings. A draft status review 
report was then submitted to three independent peer reviewers; comments 
and information received from peer reviewers were addressed and 
incorporated as appropriate before finalizing the draft report. The 
orange clownfish status review report is available on our Web site (see 
ADDRESSES section). Below we summarize information from this report and 
the status of the species.

Status Review

Species Description

    The orange clownfish, A. percula, is a member of the Family 
Pomacentridae. Two genera within the Family contain 28 species of 
clownfish (also known as anemonefish). The number of recognized 
clownfish species has evolved over time due to inconsistent recognition 
of natural hybrids and geographic color variants of previously 
described species as separate species in the literature (Allen, 1991; 
Fautin and Allen, 1992, 1997; Buston and Garcia, 2007; Ollerton et al., 
2007; Allen et al., 2008; Thornhill, 2012; Litsios et al., 2014; and 
Tao et al., 2014). All clownfish have a mutualistic relationship with 
sea anemones and this relationship has facilitated the adaptive 
radiation and accelerated speciation of clownfish species (Litsios et 
al., 2012).
    Amphiprion percula is known by many common English names. These 
names include orange clownfish, clown anemonefish, percula clownfish, 
percula anemonefish, orange anemonefish, true percula clownfish, 
blackfinned clownfish, eastern

[[Page 51237]]

clownfish, eastern clown anemonefish, and orange-clown anemonefish.
    The orange clownfish is bright orange with three thick white 
vertical bars. The anterior bar occurs just behind the eye, the middle 
bar bisects the fish and has a forward-projecting bulge, and the 
posterior bar occurs near the caudal fin. The white bars have a black 
border that varies in width. Although this describes the type specimen, 
some polymorphism, or occurrence of more than one form or morph, does 
occur with diverse geographic regional and local color forms, mostly in 
the form of variation in the width of the black margin along the white 
bars (Timm et al., 2008; Militz, 2015). While there is no difference in 
color pattern between sexes, dimorphic variation, or differentiation 
between males and females of the same species, is present in size as 
females are larger than males (Fautin and Allen, 1992, 1997; Florida 
Museum of Natural History, 2005). Maximum length for this species is 
approximately 80 millimeters (mm) (Fautin and Allen, 1992, 1997), but 
individuals up to 110 mm in length have been reported (Florida Museum 
of Natural History, 2005). Standard length is reported as 46 mm for 
females and 36 mm for males (Florida Museum of Natural History, 2005). 
However, size alone cannot be used to identify the sex of an individual 
because individuals in different groups will vary in maximum and 
minimum size. The total length of a fish has been correlated with the 
diameter of its host anemone (Fautin, 1992), with larger anemones 
hosting larger clownfish.
    The orange clownfish very closely resembles the false percula 
clownfish (A. ocellaris), and the two are considered sibling species. 
There are several morphological differences that may allow an observer, 
upon closer examination, to distinguish between the two species. While 
the orange clownfish has 9-10 dorsal spines, the false percula 
clownfish has 10-11 dorsal spines (Timm et al., 2008), and the anterior 
part of the orange clownfish's dorsal fin is shorter than that of the 
false percula clownfish. In addition, the orange clownfish has a thick 
black margin around its white bars whereas the false percula clownfish 
often has a thin or even non-existent black margin, though this is not 
always the case. The orange clownfish has been described as more 
brilliant in color, and its orange iris gives the appearance of very 
small eyes while the iris of false percula clownfish is grayish-orange, 
thus giving the appearance of slightly larger eyes (Florida Museum of 
Natural History, 2005). Ecologically, both species prefer the same 
primary host anemone species (Heteractis magnifica; Stichodactyla 
gigantean; S. mertensii) (Fautin and Allen, 1992, 1997), though the 
orange clownfish prefers shallower waters than those of false percula 
clownfish (Timm et al., 2008).
    The orange clownfish and the false percula clownfish have an 
allopatric distribution, meaning their distributions do not overlap. 
The orange clownfish is found in the Indo-Pacific region of northern 
Queensland (Australia) and Melanesia; the false percula is found in the 
Andaman and Nicobar Islands in the Andaman Sea (east of India), Indo-
Malayan Archipelago, Philippines, northwestern Australia, and the coast 
of Southeast Asia northwards to the Ryukyu Islands in the East China 
Sea (Fautin and Allen, 1992, 1997; Timm et al., 2008). Genetically, the 
two species appear to have diverged between 1.9 and 5 million years ago 
(Nelson et al., 2000; Timm et al., 2008; Litsios et al., 2012).
    In the aquarium trade, the false percula clownfish is the most 
popular anemonefish and the orange clownfish is the second most popular 
(Animal-World, 2015). The two species are often mistaken for one 
another and misidentified in the aquarium trade. They are also often 
reported as a species complex (i.e., reported as A. ocellaris/percula) 
in trade documentation and scientific research due to the difficulty in 
visually distinguishing between the two species.

Habitat

    The orange clownfish is described as a habitat specialist due to 
its symbiotic association primarily with three species of anemone: 
Heteractis crispa, H. magnifica, and Stichodactyla gigantea (Fautin and 
Allen, 1992, 1997; Elliott and Mariscal, 1997a; Ollerton et al., 2007), 
although the species has also been reported as associating with the 
anemones S. mertensii (Elliott and Mariscal, 2001) and S. haddoni 
(Planes et al., 2009). The distribution of these suitable host anemone 
species essentially dictates the distribution of the orange clownfish 
within its habitat (Elliott and Mariscal, 2001). Anemone habitat for 
the orange clownfish, and thus the range of the orange clownfish, is 
spread throughout northern Queensland (Australia), the northern coast 
of West Papua (Indonesia), northern Papua New Guinea (including New 
Britain), the Solomon Islands, and Vanuatu (Rosenberg and Cruz, 1988; 
Fautin and Allen, 1992, 1997; De Brauwer, 2014).
    Anemones and their symbiotic anemonefish inhabit coral reefs and 
nearby habitats such as lagoons and seagrass beds. Although Fautin and 
Allen (1992, 1997) estimate that as many anemone hosts and symbiotic 
fish live on sand flats or other substrate surrounding reefs as live on 
the reef itself, the symbiotic pairs are thought of as reef dwellers 
because most diving and observations occur on reefs. Both symbionts 
reside in shallow coastal waters primarily in depths of 1-12 meters (m) 
(though the anemones can be found in depths up to 50 m) and water 
temperatures ranging from 25-28 [deg]C (77-82 [deg]F) (Fautin and 
Allen, 1992, 1997; Randall et al. 1997).
    Although anemonefishes have been the subject of considerable 
scientific research, less is known about the population dynamics or 
biology of the anemones that serve as their hosts. There are over 1,000 
anemone species but only 10 of them are known to be associated with 
anemonefish. Anemones are able to reproduce both sexually and 
asexually, but it is unknown which form of reproduction is more common. 
Anemones are likely slow growing and very long lived, living decades to 
several centuries (Fautin, 1991; Fautin and Allen, 1992, 1997). To be a 
viable host for anemonefish, an anemone must be of a sufficient size to 
provide shelter and protection from predators.
    Clownfishes, including the orange clownfish, are a unique group of 
fishes that can live unharmed among the stinging tentacles of anemones. 
A thick mucus layer cloaks the fish from detection and response by 
anemone tentacles (Rosenberg and Cruz, 1988; Elliott and Mariscal, 
1997a, 1997b). The symbiosis between the orange clownfish and its host 
anemones serves as an effective anti-predation measure for both 
symbionts. Predators of both anemones and anemonefish are deterred by 
the anemone's stinging tentacles and by the presence of territorial 
clownfish. In return, anemonefish swim through, and create fresh water 
circulation for, the stationary anemone, allowing it to access more 
oxygenated water, speed up its metabolism, and grow faster (Szczebak et 
al., 2013). Anemonefish also fertilize host anemones with their 
ammonia-rich waste (Roopin and Chadwick, 2009; Cleveland et al., 2011), 
leading to increases in anemone growth and asexual reproduction 
(Holbrook and Schmitt, 2005).
    Typically only one species of anemonefish occupies a single anemone 
at any given time due to niche differentiation, although this is not 
always the case. The orange clownfish is a highly territorial species, 
likely due to intense competition for limited resources, with niche 
differentiation

[[Page 51238]]

caused by the distribution, abundance, and recruitment patterns of 
competing species (Fautin and Allen, 1992, 1997; Elliott and Mariscal, 
1997a, 2001; Randall et al., 1997). Once anemonefishes settle into a 
host, they are unlikely to migrate between anemones (Mariscal, 1970; 
Elliott et al., 1995).

Diet, Feeding, and Growth

    Anemonefishes are omnivorous and feed on a variety of prey items 
consisting of planktonic algae and zooplankton, such as copepods and 
larval tunicates (Fautin and Allen, 1992, 1997). The orange clownfish 
also feeds on prey remnants left over from its host anemone's feeding 
activity as well as dead tentacles from its host (Fautin and Allen, 
1992, 1997; Florida Museum of Natural History, 2005).
    An anemone will typically host a female and male breeding pair and 
up to four other subordinate, non-breeding and non-related A. percula 
males (Buston, 2003a; Buston and Garcia, 2007; Buston et al., 2007). 
Individuals rarely stray beyond the periphery of their anemone's 
tentacles to feed (Buston, 2003c). A size-based hierarchy develops 
within each group; the female is the largest (rank 1), the dominant 
male second largest (rank 2), and the non-breeding subordinate males 
get progressively smaller as you descend the hierarchy (ranks 3-6) 
(Allen, 1991). Subordinates tend to be 80 percent of the size of their 
immediate dominant in the hierarchy (Buston, 2003b; Buston and Cant, 
2006). Subordinates likely regulate their growth to avoid coming into 
conflict with their immediate dominant, and thereby avoid eviction from 
the social group (Buston, 2003b; Buston and Wong, 2014). When a fish is 
removed from the hierarchical social group structure (due to mortality 
or collection), all smaller members grow rapidly, filling in the size 
gap, to the point that they are once again 80 percent the size of their 
immediate dominant (Fautin and Allen, 1992, 1997; Buston, 2003b).

Reproduction and Development

    Spawning for orange clownfish can occur year-round due to 
perpetually warm waters within the species' range (Fautin and Allen, 
1992, 1997). Spawning is also strongly correlated with the lunar cycle, 
with most nesting occurring when the moon is full or nearly so (Fautin 
and Allen, 1992, 1997).
    Like all anemonefishes, all orange clownfish are born as males 
(Fautin and Allen, 1992, 1997). Females develop through protandrous 
hermaphroditism, or sex change from male to female. This occurs when 
the female and largest member of the group dies (or is otherwise 
removed) and the next largest male changes sex to become the dominant 
breeding female. The second largest male subsequently becomes the 
dominant male (Rosenberg and Cruz, 1988; Fautin and Allen 1992, 1997). 
Only the dominant pair contributes to the reproductive output of a 
group within an anemone. Non-breeders within the social group do not 
have an effect on the reproductive success of mating pairs (Buston, 
2004; Buston and Elith, 2011).
    Adult male and female orange clownfish form strong monogamous pair-
bonds. Once eggs are laid, the male follows closely behind and 
fertilizes them externally. Clutch sizes vary widely between 100 to 
over 1000 eggs laid (Fautin and Allen, 1992, 1997; Dhaneesh et al., 
2009), with an average of 324 eggs  153 (mean  
one standard deviation) recorded in Madang Lagoon, Papua New Guinea 
(Buston and Elith, 2011), depending on fish size and previous 
experience. Larger and more experienced mating pairs will produce more 
eggs per clutch (Fautin and Allen, 1992, 1997; Buston and Elith, 2011; 
Animal-World, 2015), and can produce up to three clutches per lunar 
cycle (Gordon and Hecht, 2002; Buston and Elith, 2011).
    After egg deposition and fertilization have finished, a 6-8 day 
incubation period begins, with developmental rate varying with 
temperature and oxygen content of the water (Dhaneesh et al., 2009). 
Average hatch success recorded in Madang Lagoon, Papua New Guinea, was 
estimated at 87 percent (Buston and Elith, 2011). Upon hatching, larvae 
enter a pelagic phase and are likely engaged in active swimming and 
orientation, and also transported by ocean currents (Fautin and Allen, 
1992, 1997; Leis et al., 2011). The larval stage of the species ends 
when the larval anemonefish settles into a host anemone approximately 
8-12 days after hatching (Fautin and Allen, 1992, 1997; Almany et al., 
2007; Buston et al., 2007).
    Anemonefish search for and settle into a suitable host anemone 
using a variety of cues. Embryos and newly hatched juveniles may learn 
cues from the host anemone where they hatched and respond to these 
imprinted cues when searching for suitable settlement locations (Fautin 
and Allen, 1992, 1997; Arvedlund et al., 2000; Dixson et al., 2014; 
Miyagawa-Kohshima, 2014; Paris et al., 2013). Dixson et al. (2008, 
2014) and Munday et al. (2009a) found that orange clownfish are 
responsive to olfactory cues such as leaf litter and tropical trees, a 
means of locating island reef habitats, when searching for a settlement 
site. Innate recognition is also used and refers to the ability of 
anemonefish to locate a suitable host without prior experience (Fautin 
and Allen, 1992, 1997; Miyagawa-Kohshima, 2014). Studies indicate that 
imprinting on anemone olfactory cues complements innate recognition, 
leading to rigid species-specific host recognition (Miyagawa-Kohshima, 
2014).
    Fish acclimation to a host anemone lasts anywhere from a few 
minutes to a few hours (Fautin and Allen, 1992, 1997; Arvedlund et al., 
2000) as a protective mucus coating develops on the anemonefish as a 
result of interaction with the host anemone tentacles (Davenport and 
Norris, 1958; Elliott and Mariscal, 1997a). Once acclimated, the mucus 
protection may disappear upon extended separation between host and 
fish. Continued contact with tentacles appears to reactivate the mucus 
coat (Arvedlund et al., 2000). Coloration of anemonefish usually also 
begins during this anemone acclimation process (Elliott and Mariscal, 
2001). Upon settlement, the entire metamorphosis from larva to juvenile 
takes about a day (Fautin and Allen, 1992, 1997).

Longevity and Resilience

    Buston and Garcia (2007) studied a wild population of orange 
clownfish in Papua New Guinea and their results suggest that females 
can live up to 30 years in the wild. Although this life expectancy 
estimate has not been empirically proven through otolith examination, 
it is notably two times greater than the longevity estimated for any 
other coral reef damselfish and six times greater than the longevity 
expected for a fish that size (Buston and Garcia, 2007). Their results 
are consistent with the idea that organisms subjected to low levels of 
extrinsic mortality, like anemonefish, experience delayed senescence 
and increased longevity (Buston and Garcia, 2007).
    Using a methodology designed to determine resilience to fishing 
impacts, Fishbase.org rates the orange clownfish as highly resilient, 
with an estimated minimum population doubling time of less than 15 
months. Another analysis, using the Cheung et al. (2005) ``fuzzy 
logic'' method for estimating fish vulnerability to fishing pressure, 
assigned the species a low vulnerability score, with a level of 23 out 
of 100 (Fishbase.org, 2015).

[[Page 51239]]

Population Distribution, Abundance, and Structure

    Clownfish first appeared and diversified in the Indo-Australian 
Archipelago (Litsios et al., 2014). As previously mentioned, the orange 
clownfish is native to the Indo-Pacific region and range countries 
include northern Queensland (Australia), northern coast of West Papua 
(Indonesia), northern Papua New Guinea (including New Britain), the 
Solomon Islands, and Vanuatu (Rosenberg and Cruz, 1988; Fautin and 
Allen, 1992, 1997; De Brauwer, 2014).
    The distribution of suitable host anemone species dictates the 
distribution of orange clownfish within its habitat (Elliott and 
Mariscal, 2001). The anemones Heteractis crispa, H. magnifica, and S. 
gigantea range throughout and beyond the orange clownfish's geographic 
extent. Stichodactyla haddoni occurs in Australia and Papua New Guinea, 
but has not yet officially been recorded in Vanuatu or the Solomon 
Islands, and S. mertensii officially has been recorded only from 
Australia within the orange clownfish's range (Fautin and Allen, 1992, 
1997; Fautin, 2013). However, two recent observations extended the 
known distribution of S. haddoni, both northward and southward, 
indicating they have the ability to expand in range and facilitate the 
expanded occurrence of commensal species (Hobbs et al., 2014; Scott et 
al., 2014). Anecdotally, there are photo images and video footage of S. 
haddoni and S. mertensii in the Solomon Islands, Vanuatu, and Papua New 
Guinea (e.g., Shutterstock, National Geographic, and Getty Images). 
Species experts, however, have not officially confirmed these reports.
    Although geographically widespread, anemone species differ in their 
preferred habitat (e.g., reef zonation, substrate, depth (Fautin, 
1981)). Hattori (2006) found that H. crispa individuals were larger 
along reef edges and smaller in shallow inner reef flats. The larger 
anemones on reef edges experienced higher growth, probably because 
deeper (up to 4 m) reef edges provide more prey and lower levels of 
physiological stress. The author speculates that habitat and depth 
ideal for high anemone growth will vary by study site and occur at 
depths where there is a balance between available sunlight to allow for 
photosynthesis and low physiological stress, both of which are 
dependent on site-specific environmental conditions.
    It is difficult to generalize the likely distribution, abundance, 
and trends of anemone hosts throughout A. percula's range; these 
parameters are likely highly variable across the species' range. In an 
assessment done throughout the Great Barrier Reef, Australia, anemones, 
including those that host the orange clownfish, were quantified as 
``common'' (Roelofs and Silcock, 2008). On the other hand, Jones et al. 
(2008) and De Brauwer et al. (in prep) note that anemones occur in 
relatively low densities throughout the Indo-Pacific. Because it is 
difficult to generalize the likely distribution, abundance, and trends 
of anemones, it is therefore difficult to generalize these same 
parameters for A. percula in coral reef environments throughout its 
range; it is likely to be variable and dependent on local environmental 
conditions.
    We found no information on historical abundance or recent 
population trends for the orange clownfish throughout all or part of 
its range. We also found no estimate of the current species abundance. 
With no existing estimate of global abundance for the orange clownfish, 
we estimated, based on the best available information, a total of 13-18 
million individuals for the species throughout its range. This estimate 
is derived from De Brauwer (2014) who determined an average density for 
the orange clownfish within its range from 658 surveys across 205 sites 
throughout the species' range (northern Papua New Guinea, Solomon 
Islands, Vanuatu, and northern Australia). He calculated the global 
estimated mean density at 0.09 fish per 250 m\2\, or 360 fish per 
km\2\. In order to extrapolate this average density to estimate 
abundance, we used two different estimates of coral reef area within 
the species' range. De Brauwer (2014) estimated 36,000 km\2\ of coral 
reef area within the species' range based on Fautin and Allen (1992, 
1997) and Spalding et al. (2001). We also used newer coral reef mapping 
data from Burke et al. (2011) resulting in an estimate of approximately 
50,000 km\2\ of coral reef area within the orange clownfish's range. We 
used both values to determine a range of estimated abundance (13-18 
million) to reflect uncertainty. It is important to note that this may 
be an underestimate because it is based on coral reef area, which 
likely does not account for most of the non-reef area where the species 
occurs throughout its range.
    As for spatial structure and connectivity, based on the best 
available information, we conclude that the species is likely to have 
highly variable small-scale connectivity among and between meta-
populations, but unknown large-scale genetic structure across its 
entire range. In the absence of a broad-scale phylogeographic study for 
A. percula, we are left with small-scale meta-population connectivity 
studies as the best available information. Results from studies in 
Kimbe Bay, Papua New Guinea, an area known for its high diversity of 
anemones and anemonefish, indicate that A. percula larvae have the 
ability to disperse at least up to 35 km away from natal areas (Planes 
et al., 2009). In addition, there is evidence that rates of self-
recruitment are likely to be linked with not only pelagic larval 
duration, but also geographical isolation (Jones et al., 2009; Pinsky 
et al., 2012). Because of the size and distribution of A. percula's 
range, there are likely areas of higher and lower connectivity 
throughout, linked with the variability in geographic isolation across 
locations, creating significant spatial structure. This is, however, 
speculative because no large-scale connectivity study has been 
conducted for this species.

Summary of Factors Affecting the Orange Clownfish

    Available information regarding current, historical, and potential 
future threats to the orange clownfish was thoroughly reviewed in the 
status review report for the species (Maison and Graham, 2015). We 
summarize information regarding the 12 identified threats below 
according to the five factors specified in section 4(a)(1) of the ESA. 
See Maison and Graham (2015) for additional discussion of all ESA 
section 4(a)(1) threat categories.

Present or Threatened Destruction, Modification, or Curtailment of Its 
Habitat or Range

    Among the habitat threats affecting the orange clownfish, we 
analyzed anemone bleaching, anemone collection, and sedimentation and 
nutrient enrichment effects. We found the threats of anemone bleaching 
and anemone collection each to have a low likelihood of contributing 
significantly to extinction risk for the species now or in the 
foreseeable future. We found the threat of sedimentation and nutrient 
enrichment to have a low-to-medium likelihood, meaning it is possible 
but not necessarily probable, that this threat contributes or will 
contribute significantly to extinction risk for the species.
    Evidence, while limited, indicates that thermally-induced bleaching 
can have negative effects on orange clownfish host anemones, which may 
lead to localized effects of unknown magnitude on the fish itself. 
Evidence thus far indicates high variability in the response of both 
anemones and anemonefish to localized bleaching events. Susceptibility 
to thermal stress

[[Page 51240]]

varies between different species of the same taxon and is often 
variable within individual species; as a result of habitat 
heterogeneity across a species' range, individuals of the same species 
may develop in very different environmental conditions. Hobbs et al. 
(2013) compiled datasets that were collected between 2005 and 2012 
across 276 sites at 19 locations in the Pacific Ocean, Indian Ocean, 
and Red Sea to examine taxonomic, spatial, and temporal patterns of 
anemone bleaching. Their results confirm that bleaching has been 
observed in 7 of the 10 anemone species that host anemonefish 
(including 4 of the 5 orange clownfish host species), with anecdotal 
reports of bleaching in the remaining 3 host anemone species. In 
addition, they report anemone bleaching at 10 of 19 survey locations 
that are geographically widespread. Importantly, the authors report 
considerable spatial and inter-specific variation in bleaching 
susceptibility across multiple major bleaching events (Hobbs et al., 
2013). Over the entire timeframe and across all study areas, 3.5 
percent of all anemones observed were bleached, although during major 
bleaching events, the percentage at a given study area ranged from 19-
100 percent. At sites within the same study area, bleaching ranged 
between as much as 0 and 94 percent during a single bleaching event. To 
further highlight the variability and uncertainty associated with 
anemone bleaching susceptibility, Hobbs et al. (2013) report opposite 
patterns of susceptibility for the same two species at the same site 
during two different bleaching events. Additionally, the study reports 
decreased bleaching with increased depth in most of the major bleaching 
events, indicating that depth, in some cases as shallow as 7 m, offers 
a refuge from bleaching (Hobbs et al., 2013). Some anemone species have 
even been reported from mesophotic depths, including one A. percula 
host species (H. crispa) (Bridge et al., 2012). These depths likely 
serve as refugia from thermal stress. Although the capacity for 
acclimation or adaptation in anemones is unknown, evidence from one 
site indicated that prior bleaching history might influence subsequent 
likelihood of an anemone bleaching, as previously bleached individuals 
were less likely to bleach a second time (Hobbs et al., 2013). It is 
also of note that, similar to corals, bleaching does not automatically 
lead to mortality for anemones. Hobbs et al. (2013) report variable 
consequences as a result of bleaching between and among species and 
locations in their assessment of bleaching for all anemone species that 
host anemonefish (including those that host orange clownfish); some 
species decreased in abundance and/or size after bleaching events, 
while others showed no effect and recovered fully.
    When considering the effect of anemone bleaching into the 
foreseeable future, we evaluated the best available information on 
future projections of warming-induced bleaching events, but also 
considered the existing information on the effects of previous 
bleaching events on anemones. Evidence suggests that bleaching events 
will continue to occur and become more severe and more frequent over 
the next few decades (van Hooidonk, 2013). However, newer multivariate 
modeling approaches indicate that traditional temperature threshold 
models may not give an accurate picture of the likely outcomes of 
climate change for coral reefs, and effects and responses will be 
highly nuanced and heterogeneous across space and time (McClanahan et 
al., 2015). Although observed anemone bleaching has thus far been 
highly variable during localized events, the overall effect of 
bleaching events on anemones globally (i.e., overall proportion of 
observed anemones that have shown ill effects) has been of low 
magnitude at sites across their ranges, as only 3.5 percent of the 
nearly 14,000 observed anemones were recorded as bleached across 19 
study sites and multiple major bleaching events (Hobbs et al., 2013). 
In summary, there are a number of factors that, in combination, 
indicate that the orange clownfish is likely resilient to bleaching 
effects that may affect their hosts both now and in the foreseeable 
future. These factors include the low overall effect of anemone 
bleaching thus far; the high amount of variability in anemone 
susceptibility; the existence of depth refugia for anemones; the 
evidence of potential acclimation in some species; and the fact that 
the orange clownfish has been observed in the wild to associate with at 
least five different species of anemone, all of which have shown 
different levels of susceptibility to bleaching in different locations 
and over time. As such, we conclude that the threat of habitat loss due 
to anemone bleaching has a low likelihood of contributing significantly 
to extinction risk for the orange clownfish now or in the foreseeable 
future.
    With regard to anemone collection, there is little information 
available on this threat to the orange clownfish globally. Thus far, 
there has been limited successful aquaculture of anemones for aquaria. 
Moe (2003) reports the results from a survey of hobbyists, scientists, 
and commercial breeders indicating several species have been 
successfully propagated (typically via asexual reproduction), but 
anemones typically thwart both scientific and hobbyist attempts at 
captive culture, especially on a large scale. This is primarily due to 
their slow growth and infrequent reproduction. While asexual 
propagation has been successful in some cases, no study has yet 
addressed the optimization of this practice (e.g., determining the 
minimum size at which an anemone can be successfully propagated, the 
best attachment technique, etc.) (Olivotto et al. 2011). As such, the 
vast majority of anemone specimens in the trade are currently from wild 
collection. In the Queensland marine aquarium fishery, Roelofs and 
Silcock (2008) found that all anemone species had low vulnerability due 
to collection. While there was no information on anemone collection 
available from the Solomon Islands, Vanuatu, or Papua New Guinea 
(likely because these countries tend to focus on exporting fish vs. 
invertebrates), our assessment reveals that collection and export of 
aquarium reef species, including anemones, in these three countries is 
relatively small-scale at just a few sites scattered throughout large 
archipelagos. The industry appears limited by freight costs and other 
financial burdens (Kinch, 2008). As such, it seems unlikely that 
collection would expand to other areas within the species' range. There 
is no information to indicate that demand for wild harvested anemones 
will increase over the next few decades within the range of the orange 
clownfish. Several studies have provided valuable biological data on 
the reproductive biology (Scott and Harrison 2007a, 2009), embryonic 
and larval development (Scott and Harrison 2007b), and settlement and 
juvenile grow-out (Scott and Harrison 2008). Although speculative, 
scientists and hobbyists are likely to use this information to continue 
to engage in attempts to propagate anemones in captivity, which may 
lead to lower demand for wild capture if successful. While little 
information is available on the threat of anemone collection to A. 
percula globally, the aquarium trade collection information from 
countries within the species' range indicates that fisheries in general 
are relatively small scale, and tend to focus on fish rather than 
invertebrates for export. Because there is some uncertainty and a lack 
of specific information associated with this threat to the orange 
clownfish, we conclude that the threat of habitat loss from anemone 
collection poses a low (instead of very low) likelihood of

[[Page 51241]]

contributing significantly to the extinction risk for the orange 
clownfish, both now and in the foreseeable future.
    Regarding the threat of sedimentation and nutrient enrichment to A. 
percula's habitat, organisms in coral reef ecosystems, including 
clownfish, are likely to experience continuing effects from 
anthropogenic sources of this threat at some level as economies 
continue to grow. Indeed, exposure of host anemones is likely to be 
variable across the range of A. percula, with effects being more acute 
in areas of high coastal development. There is very little information 
available regarding the susceptibility and exposure of anemones to 
sedimentation and nutrients. In the absence of this information, we 
consider it reasonable to assume that the susceptibility of corals as a 
direct result of their association with symbiotic algae (described 
above) is an indicator of the potential susceptibility of anemones, 
since they share a similar association with microscopic algal symbionts 
and because anemones are in the same phylum (Cnidaria) as corals and 
thus are biologically related. While information for anemones is 
sparse, we know that some coral species can tolerate complete burial in 
sediment for several days; however, those that are unsuccessful at 
removing sediment may be smothered, resulting in mortality (Nugues and 
Roberts, 2003). Sediment can also induce sub-lethal effects in corals, 
such as reductions in tissue thickness, polyp swelling, zooxanthellae 
loss, and excess mucus production (Rogers, 1990). In addition, 
suspended sediment can reduce the amount of light in the water column, 
making less energy available for photosynthesis (of symbiotic 
zooxanthellae) and growth. Again for corals, sedimentation and nutrient 
enrichment can have interactive effects with other stressors including 
disease and climate factors such as bleaching susceptibility and 
reduced calcification (Ateweberhan et al., 2013; Suggett et al., 2013).
    In addition to the potential effects from sedimentation and 
nutrient enrichment to host anemones, there could be potential effects 
to A. percula. Wenger et al. (2014) found in a controlled experiment 
that suspended sediment increased pelagic larval duration for A. 
percula. A longer pelagic larval duration may reduce the number of 
larvae that make it to the settlement stage because of the high rate of 
mortality in the pelagic larval phase. Conversely, in this study longer 
pelagic larval durations led to larvae that were larger with better 
body condition, traits that may confer advantages during the first few 
days of settlement when mortality is still high for those that do 
recruit to settlement habitat. As such, the overall effect of increased 
sedimentation at the population level is hard to predict.
    Land-based sources of pollution are of primary concern for 
nearshore marine habitats in areas where human populations live in 
coastal areas and engage in any or all of the following: Intensive 
farming and aquaculture, urbanization and industrialization, greater 
shipping traffic and fishing effort, and deforestation and nearshore 
development, all of which are growing in Southeast Asia (Todd et al., 
2010; Schneider et al., 2015) and the Indo-Pacific (Edinger et al., 
1998; Edinger et al., 2000). The range of A. percula is largely outside 
of areas that are experiencing the most rapid growth and 
industrialization, such as Indonesia and the Philippines. Throughout 
the range of A. percula, there are thousands of islands, many of which 
are uninhabited or have small, sparse human populations leading 
traditional lifestyles. These remote locations are unlikely to suffer 
from much exposure to increased sedimentation or nutrients. However, 
there is evidence that some of these remote and otherwise pristine 
areas in countries like Papua New Guinea and the Solomon Islands are 
targeted for intense or illegal logging and mining operations which may 
be causing degradation of the nearshore environment, even in remote and 
uninhabited areas (Seed, 1986; Kabutaulaka, 2005).
    Efforts to specifically examine the direct and indirect effects of 
nutrients and sedimentation to the orange clownfish and its habitat 
throughout its range are lacking. Land-based sources of pollution on 
reefs act at primarily local and sometimes regional levels, with direct 
linkages to human population and land-use within adjacent areas. Orange 
clownfish occur mostly in shallow reef areas and rarely migrate between 
anemone habitats as adults; these are traits that may make this species 
more susceptible to land-based sources of pollution in populated areas 
than other, more migratory or deeper-ranging reef fish. To account for 
the uncertainty associated with the magnitude of this threat, and 
consider the species' traits that may increase its susceptibility and 
exposure, we conservatively conclude that there is a low-to-medium 
likelihood that the threat of sedimentation and nutrient enrichment is 
currently or will significantly contribute to extinction risk for the 
orange clownfish. Spanning the low and medium categories indicates that 
the threat is likely to affect the species negatively and may have 
visible consequences at the species level either now and/or in the 
future, but we do not have enough confidence in the available 
information to determine the negative effect is of a sufficient 
magnitude to significantly increase extinction risk.

Overutilization for Commercial, Recreational, Scientific or Educational 
Purposes

    For the ESA factor of overutilization for commercial, recreational, 
scientific or educational purposes, we analyzed the threat of 
collection for the aquarium trade. We conclude that this threat has a 
low likelihood of having a significant effect on the species' risk of 
extinction now or in the foreseeable future.
    It is estimated that 1.5-2 million people worldwide keep marine 
aquaria, including 600,000 households in the United States (U.S.) alone 
(Wabnitz et al., 2003). Estimates place the value of the marine 
aquarium trade at approximately U.S. $200-330 million per year (Wabnitz 
et al., 2003). The largest importers of coral reef fish, corals, and 
invertebrates for display in aquaria are the U.S., followed by the 
European Union, Japan, and China. The U.S. accounted for an average of 
61 percent of global imports of marine aquarium species from 2000-2010 
(Wood et al., 2012). A tremendous diversity and volume of species are 
involved in the marine aquarium trade (Rhyne et al., 2012). It is 
estimated that every year, approximately 14-30 million fish, 1.5 
million live stony corals, and 9-10 million other invertebrates are 
removed from coral reef ecosystems across the world (Wood, 2001a,b; 
Wabnitz et al., 2003; Tsounis et al., 2010) although Rhyne et al. 
(2012) assert that the volume of marine fish has been overestimated. 
These include the trade in at least 1,802 species of fish, more than 
140 species of corals, and more than 500 species of non-coral 
invertebrates (Wabnitz et al., 2003; Rhyne et al., 2012). Clownfish, 
specifically A. ocellaris and A. percula, are among the top five most 
imported and exported species of marine aquarium fish in the aquarium 
trade (Wabnitz et al., 2003; Rhyne et al., 2012).
    Rhyne et al. (2012) reported a total of 400,000 individuals of the 
species complex A. ocellaris/percula were imported into the U.S. in 
2005. Of note is that data for the two species were combined and 
reported for the species complex in this report due to common 
misidentification leading to the inability to separate them out in the 
import

[[Page 51242]]

records. More recently, the author provided NMFS with updated estimates 
based on newer data from 2008-2011, which indicate the number of A. 
percula alone imported into the U.S. was less than 50,000 per year 
(Szczebak and Rhyne, unpublished). Notably, this estimate does not 
distinguish between wild-caught and captively-propagated individuals 
from foreign sources. The Philippines and Indonesia account for 80 
percent of A. percula imports into the United States according to the 
new species-specific information from Szczebak and Rhyne (unpublished 
data); however, these countries are outside the geographic range of A. 
percula, indicating that 80 percent or more of the imported individuals 
were likely propagated in captivity and not collected from the wild, or 
misidentified. Similarly, according to Tissot et al. (2010), the U.S. 
imports 50-70 percent of aquarium reef fish in the global trade. If we 
extrapolate the U.S. import estimate to infer global wild harvest for 
the aquarium trade, the number of globally traded wild A. percula in 
2011 was likely closer to approximately 70,000-100,000 individuals, 
with as much as 80 percent potentially originating from aquaculture 
operations and not actually harvested from the wild (or misidentified 
if U.S. imports are considered representative of the global trade). If 
we conservatively assume that 100,000 orange clownfish are harvested 
from the wild annually (likely a vast over-estimate), this represents 
0.0076 percent of our conservatively estimated wild global population 
size of 13-18 million individual A. percula.
    Orange clownfish are currently collected at varying levels in three 
out of the four countries in which the species occurs. Papua New Guinea 
had a fishery for this species, but does not currently export for the 
aquarium trade. There is a small local aquarium industry, but 
collection for this purpose is likely minimal (Colette Wabnitz, pers. 
comm. 2015). Collection from the wild appears relatively limited in 
Vanuatu, the Solomon Islands, and Australia, according to U.S. import 
information. While A. percula are targeted in these aquarium fisheries, 
they are not the most sought after species in most cases.
    Additionally, anemonefish were among the first coral reef fish 
raised in captivity throughout their entire life cycle and now 
represent one of the most well-known and well-developed captive 
breeding programs for marine fish (Dawes, 2003). While quantitative 
information is not currently available to estimate the number of A. 
percula that are propagated in captivity, clownfish are widely 
described among the industry as an easily cultured aquarium species. A 
survey of marine aquarium hobbyists in 2003 revealed that only 16 
percent of respondents had no concern over whether they purchased wild 
vs. cultured organisms; the majority of respondents indicated a 
preference for purchasing captive bred specimens (Moe, 2003). A more 
recent study reports that 76 percent of respondents to the same 
question indicated they would preferentially purchase cultured animals 
and an additional 21 percent said it would depend on the price 
difference (Murray and Watson, 2014).
    Considering the estimated proportion of the population harvested 
annually, the principles of fisheries management and population growth, 
the ease and popularity of captive propagation of the species, and the 
apparent consumer preference for captively-reared fish for home 
aquaria, we have determined that overutilization due to collection for 
the aquarium trade has a low likelihood of contributing significantly 
to the extinction risk of the orange clownfish now or in the 
foreseeable future.

Disease or Predation

    We analyzed the threat of both disease and predation to the orange 
clownfish. We conclude that disease has a very low likelihood of having 
a significant effect on the species' risk of extinction now or in the 
foreseeable future. We conclude that predation has a low likelihood of 
having a significant effect on the species' risk of extinction now or 
in the foreseeable future.
    The available information on disease in A. percula indicates that 
the spread of some diseases is of concern in captive culture facilities 
(Ganeshamurthy et al., 2014; Siva et al., 2014); however, there is no 
information available indicating that disease may be a concern in wild 
populations. Because this is a well-studied species in at least parts 
of its range, we find this compelling evidence that disease does not 
currently pose a significant threat to the species. We therefore 
conclude that the threat of disease has a very low likelihood of having 
a significant effect on the species' risk of extinction now or in the 
foreseeable future.
    Orange clownfish, like many reef fish species, are most susceptible 
to natural predation during the egg, pelagic larvae, and settlement 
life stages. Natural mortality for juveniles and adults is low, ranging 
from 2 percent (Elliott and Mariscal, 2001) to ~7 percent for ranks 1-3 
(dominant breeding pair and first subordinate male) and ~30 percent for 
ranks 4-6 (subsequent subordinate males) (Buston, 2003a). Shelter and 
protection from predators is one of the primary benefits conferred to 
post-settlement juvenile and adult orange clownfish by their symbiotic 
relationship with host anemones. We found no information to indicate 
elevated predation levels due to invasive species or other outside 
influences in any part of the species' range is a cause for concern. 
Moreover, we did not find any information to indicate that natural 
predation rates for the species are of a magnitude that would cause 
concern for their extinction risk now or in the foreseeable future.
    There is some scientific evidence that indicates future levels of 
ocean acidification have the potential to negatively affect predator 
avoidance behavior for orange clownfish. However, it is unclear if or 
how those effects may manifest themselves in the wild over the expected 
timeframes of increasing acidification, and there is evidence that 
trans-generational acclimation will play a role in allowing populations 
to adapt over time. While the future effects of acidification are still 
unclear, we allow for the potential for effects to predator avoidance 
behavior from ocean acidification by concluding that the likelihood of 
predation significantly contributing to the extinction risk for the 
orange clownfish now or in the foreseeable future is low (instead of 
very low).

Inadequacy of Existing Regulatory Mechanisms

    Because the only threat that has a low-to-medium likelihood (higher 
relative to all other threats which are low or very low) of 
significantly contributing to extinction risk for the orange clownfish 
is sedimentation and nutrient enrichment, we need only address the 
inadequacy of regulatory mechanisms that could alleviate this threat. A 
discussion of the adequacy of regulatory mechanisms for all other 
threats can be found in the Status Review Report for the Orange 
Clownfish (Maison and Graham 2015).
    Based on the reasoning provided below, we conclude that the 
inadequacy of regulatory mechanisms addressing sedimentation and 
nutrient enrichment also has a low-to-medium likelihood of contributing 
to extinction risk, meaning that it is possible but not necessarily 
probable, that it contributes or will contribute significantly to 
extinction risk for the species. Spanning the low and medium categories 
indicates that the threat is likely to affect the species negatively 
and may have visible consequences at the species level either now and/
or in the future, but we do not have enough confidence in the available

[[Page 51243]]

information to determine the negative effect is of a sufficient 
magnitude to significantly increase extinction risk.
    Regulatory mechanisms for the four countries within A. percula's 
range that address land based-sources of pollution like sedimentation 
and nutrient enrichment are described in greater detail in the NMFS 
coral management report (NMFS, 2012b), but we summarize them here. In 
Papua New Guinea, most legislation does not specifically refer to 
marine systems, which has generated some uncertainty as to how it 
should be applied to coral reefs. Also, laws relevant to different 
sectors (e.g., fisheries, mining, environmental protection) are not 
fully integrated, which has led to confusion over which laws have 
priority, who is responsible for management, and the rights of the 
various interest groups. In the Solomon Islands, the Fisheries Act of 
1998 states that marine biodiversity, coastal and aquatic environments 
of the Solomon Islands shall be protected and managed in a sustainable 
manner and calls for the application of the precautionary approach to 
the conservation, management, and exploitation of fisheries resources 
in order to protect fisheries resources and preserve the marine 
environment (Aqorau, 2005). In Vanuatu, each cultural group has its own 
traditional approaches to management, which may include the 
establishment of MPAs, initiating taboo sites, or periodic closures. 
These traditional management schemes have been supplemented by various 
legislative initiatives, including the Foreshore Development Act, which 
regulates coastal development (Naviti and Aston, 2000). In Australia, 
A. percula occurs mostly, if not entirely, within the Great Barrier 
Reef Marine Park. In addition to the park, the Australian government 
has developed a National Cooperative Approach to Integrated Coastal 
Zone Management (Natural Resource Management Ministerial Council, 
2006). In response to recent reports showing declining water quality 
within the marine park, the State of Queensland recently developed and 
published a Reef Water Quality Protection Plan, outlining actions to 
secure the health and resilience of the Great Barrier Reef and adjacent 
catchments (State of Queensland, 2013).
    Under the discussion of ``Present or Threatened Destruction, 
Modification, or Curtailment of its Habitat or Range'' above, we 
evaluated the threat of sedimentation and nutrient enrichment on A. 
percula and determined that it has a low-to-medium likelihood of 
significantly contributing to extinction risk for the species now and 
in the foreseeable future. While some regulations exist to address 
land-based sources of pollution throughout A. percula's range, overall, 
there is little information available on the enforcement or 
effectiveness of these regulations. As such, it is difficult to 
determine the overall likelihood of the inadequacy of regulatory 
mechanisms contributing significantly to the extinction risk for this 
species. In analyzing whether regulatory mechanisms addressing this 
threat are adequate, we conclude, from what little information we could 
find, that although regulations do exist, there are varying levels of 
efficacy and enforcement, and this is an ongoing threat that is likely 
to increase as economies within the species' range continue to grow.
    Marine protected areas are often categorized as conservation 
efforts but because they are almost always regulatory in nature 
(establishment and enforcement via regulations), in the context of an 
ESA listing determination we evaluate them here in the ``Inadequacy of 
Existing Regulatory Mechanisms'' section. Although we cannot determine 
the overall benefit to the species from the network of protected areas 
throughout its entire range, the existence and enforcement of a large 
number of MPAs throughout the species' range is likely to confer at 
least some benefit and is unlikely to contribute significantly to the 
extinction risk for the orange clownfish now or in the foreseeable 
future. There is a significant number of (MPAs) of varying degrees of 
size, management, and success that exist throughout A. percula's range, 
including at least 22 MPAs in Papua New Guinea, MPAs in all 9 provinces 
of the Solomon Islands, and over 55 MPAs in Vanuatu, and nearly all of 
A. percula's range in Australia is found within the Great Barrier Reef 
Marine National Park. While there are relatively little empirical data 
on the effectiveness of these particular MPAs other than for Australia, 
the general consensus is that these MPAs do provide some conservation 
benefits for marine species (Day, 2002; McClanahan et al., 2006; McCook 
et al., 2010). In Vanuatu, Hickey and Johannes (2002) report success of 
locally managed MPAs due to a variety of reasons, including 
enforcement. The authors report that there is an increasing use of 
state police to informally support decisions made by the village 
chiefs. Individuals who break these village taboos, including taboos 
relating to marine resource management activities, may be turned over 
to the police. More specifically regarding orange clownfish, findings 
suggest that the MPA network in Kimbe Bay, Papua New Guinea, might 
function to sustain resident orange clownfish populations both by local 
replenishment and through larval dispersal from other reserves (Almany 
et al., 2007; Green et al., 2009; Planes et al., 2009; Berumen et al., 
2012).

Other Natural or Manmade Factors Affecting Continued Existence

    Among the other natural or human factors affecting the orange 
clownfish, we analyzed the potential future physiological and 
behavioral effects of ocean acidification and ocean warming. The orange 
clownfish, along with several other pomacentrid species, has been the 
subject of several laboratory-based studies on both ocean acidification 
and ocean warming. The field of study is relatively new, but we 
conclude that the threats of physiological or behavioral effects from 
ocean acidification and ocean warming each have a low likelihood of 
having a significant effect on the species' risk of extinction now or 
in the foreseeable future.
    Research thus far has focused on the effects of acidification on 
two aspects of physiology for A. percula: (1) Growth and development, 
and (2) sensory capabilities that affect behavior. In one study, 
increased acidification at levels expected to occur circa 2100 had no 
detectable effect on embryonic duration, egg survival, or size at 
hatching and, in fact, increased larval growth rate in A. percula 
(Munday et al., 2009a). Similarly, there was no effect on otolith size, 
shape, symmetry, or elemental chemistry when A. percula larvae were 
reared at CO2 levels predicted by the year 2100 (Munday et 
al., 2011b).
    When it comes to behavioral impairment, laboratory research has 
shown more consequential results regarding the potential effects of 
future ocean acidification. An elevated CO2 environment can 
affect auditory sensory capabilities for juvenile A. percula, even in 
the absence of effects on otolith growth. This indicates other possible 
mechanisms for this interference, such as deterioration of neural 
transmitters or compromised processing of sensory information (Simpson 
et al., 2011). Auditory sensory capabilities guide larval fish during 
settlement as nocturnal reef sounds promote settlement and daytime 
predator-rich noises discourage settlement (Simpson et al., 2011).
    Increased CO2 levels may affect olfactory cues used by 
larval clownfish

[[Page 51244]]

to identify anemones and avoid predators. Larval clownfish use 
olfactory cues, such as odors from anemones, to locate suitable reef 
habitat for settlement (Munday et al., 2009b). Larval A. percula reared 
at CO2 levels comparable to those predicted by the end of 
this century showed no observable response to olfactory cues of 
different habitat types, whereas those reared in the control 
environment showed a strong preference for anemone olfactory cues over 
other habitat olfactory cues (Munday et al., 2009b). Newly hatched A. 
percula larvae also innately detect predators using olfactory cues, and 
they retain this ability through settlement (Dixson et al., 2010). When 
tested for behavioral responses to olfactory cues from predators, A. 
percula larvae raised in both the control environment (390 parts per 
million (ppm) CO2) and the lower of the two intermediate 
environments tested (550 ppm CO2) showed strong avoidance of 
predator cues. However, larvae reared at 700 ppm CO2 showed 
variation in their responses, with half showing avoidance of predator 
cues and the other half showing preference for predator cues (Munday et 
al., 2010). In this same study, larvae reared at 850 ppm showed strong 
preference for predator cues, indicating that 700 ppm may be a 
threshold at which adaptation is possible or natural selection will 
take effect because of the mixed responses to olfactory cues (Munday et 
al., 2010). Additionally, Dixson et al. (2010) report that 
CO2 exposure at the egg stage does not appear to affect 
olfactory sensory capabilities of hatched larvae, but these 
capabilities are affected when settlement stage larvae are exposed to 
elevated CO2.
    The results discussed above indicate that ocean acidification 
associated with climate change has the potential to affect behavioral 
responses of A. percula to certain cues during critical life stages. 
However, if or how these effects will manifest themselves at the 
population level in the natural environment requires an understanding 
of additional factors. All of the aforementioned authors acknowledge 
that the potential for acclimation or adaptation was not factored into 
their studies because it is generally unknown or hard to predict. 
Murray et al. (2014) assert that there is mounting evidence of an 
important but understudied link between parent and offspring 
generations, known as parental conditioning or trans-generational 
plasticity, which may comprise a short-term adaptation mechanism to 
environmental acidification. This type of plasticity describes the 
ability of the parental environment prior to fertilization to influence 
offspring reaction norms without requiring changes in DNA sequence 
(Salinas and Munch, 2012). Trans-generational plasticity in 
CO2 resistance as a potential adaptation for coping with 
highly variable aquatic CO2 environments may be common 
(Salinas and Munch, 2012; Dupont et al., 2013). One recent study found 
that the effects associated with rearing larval clownfish (A. 
melanopus) at high CO2 levels, including smaller length and 
mass of fish and higher resting metabolic rates, were absent or 
reversed when both parents and offspring were reared in elevated 
CO2 levels (Miller et al., 2012). These results show that 
non-genetic parental effects can have a significant influence on the 
performance of juveniles exposed to high CO2 levels with the 
potential to fully compensate for the observed effects caused by acute 
(within generation) exposure to increased CO2 levels (Miller 
et al., 2012).
    In addition to the potential for acclimation and trans-generational 
plasticity, it is difficult to interpret the results of laboratory 
studies of acute exposure in terms of what is likely to happen in the 
foreseeable future in the wild or to predict potential population level 
effects for a species. The acute nature of the exposure and acclimation 
in the studies above is noteworthy because most species will not 
experience changes in acidification so acutely in their natural 
habitats. Rather, they are likely to experience a gradual increase in 
average CO2 levels over several generations, and therefore 
parental effects could be highly effective in moderating overall 
effects. Moreover, there is ample evidence that coral reef ecosystems 
naturally experience wide fluctuations in pH on a diurnal basis 
(Gagliano et al., 2010; Gray et al., 2012; Price et al., 2012). Price 
et al. (2012) found that reefs experienced substantial diel 
fluctuations in temperature and pH similar to the magnitudes of warming 
and acidification expected over the next century. The pH of ocean 
surface water has decreased from an average of 8.2 to 8.1 since the 
beginning of the industrial era (IPCC, 2013). The pH of reef water can 
vary substantially throughout the day, sometimes reaching levels below 
8.0 in the early morning due to accumulated respiration of reef 
organisms in shallow water overnight (Ohde and van Woesik, 1999; 
Kuffner et al., 2007). Primary producers, including zooxanthellae in 
corals, uptake dissolved CO2 and produce O2 and 
organic matter during the day, while at night respiration invokes net 
CO2 release into the surrounding sea water. In fact, Ohde 
and van Woesik (1999) found one site that fluctuated between pH 8.7 and 
7.9 over the course of a single day.
    Studies clearly show that in a controlled setting, an increased 
CO2 environment can impair larval sensory capabilities that 
are required to make important decisions during critical life stages. 
However, a disconnect exists between these experimental results and 
what can be expected to occur in the wild over time, or even what is 
currently experienced on a daily basis on natural reefs. There is 
uncertainty associated with A. percula's likely level of exposure to 
this threat in the foreseeable future given the uncertainty in future 
ocean acidification rates and the heterogeneity of the species' habitat 
and current environmental conditions across its range. There is also 
evidence that susceptibility to acute changes in ocean pH may decrease 
or disappear over several generations. Even though projections for 
future levels of acidification go out to the year 2100, we do not 
consider the effects of this potential threat to be foreseeable over 
that timeframe due to the variable and uncertain nature of effects 
shown in laboratory studies versus what the species is likely to 
experience in nature over several generations. The best available 
information does not indicate that ocean acidification is currently 
creating an extinction risk for the species in the wild through effects 
to fitness of a significant magnitude. We therefore conclude that the 
threat of physiological effects from ocean acidification has a low 
likelihood of having a significant effect on the species' risk of 
extinction now or in the foreseeable future.
    Regarding the threat of physiological and behavioral effects from 
ocean warming, the best available information does not indicate that 
ocean warming is currently creating an extinction risk for the orange 
clownfish in the wild through effects to fitness of a significant 
magnitude. In other words, the current magnitude of impact from ocean 
warming is likely not affecting the ability of the orange clownfish to 
survive to reproductive age, successfully find a mate, and produce 
offspring. While it has yet to be studied specifically for the orange 
clownfish, researchers have begun to explore the potential effect of 
increasing temperature on the physiology of other pomacentrid reef fish 
species. Dascyllus reticulatus adults exposed to a high temperature 
(32[deg]C) environment in a laboratory setting displayed

[[Page 51245]]

significantly reduced swimming and metabolic performance (Johansen and 
Jones, 2011). Other results include reduced breeding success of 
Acanthochromis polyacanthus (Donelson et al., 2010) and increased 
mortality rates among juvenile Dascyllus aruanus (Pini et al., 2011) in 
response to increased water temperatures that may be experienced later 
this century. However, multiple references on the subject state that 
the effects of temperature changes appear to be species-specific 
(Nilsson et al., 2009; Lo-Yat et al., 2010; Johansen and Jones, 2011); 
therefore, these results are not easily applied to orange clownfish. 
With regard to ocean warming effects to respiratory and metabolic 
processes, Nilsson et al. (2009) and Johansen and Jones (2011) compared 
results of exposure to increased temperatures across multiple families 
or genera and species of reef fish. Both studies reported negative 
responses, but the magnitude of the effect varied greatly among closely 
related species and genera. As such, it is difficult to draw analogies 
to unstudied species like orange clownfish. As with acidification, 
Price et al. (2012) found that reefs currently already experience 
substantial diel fluctuations in temperature similar to the magnitude 
of warming expected over the next century. In addition, trans-
generational plasticity in temperature-dependent growth was recently 
documented for two fish species, where offspring performed better at 
higher temperatures if the parents had experienced these temperatures 
as well (Donelson et al., 2011; Salinas and Munch, 2012).
    There is epistemic uncertainty associated with the threat of future 
ocean warming to orange clownfish. Susceptibility of reef fish that 
have been studied varies widely, but there is evidence that trans-
generational plasticity may play a role in acclimation over time, at 
least for some species (Donelson et al., 2011; Salinas and Munch, 
2012). In addition, we cannot predict the exposure of the species to 
this threat over time given the uncertainty in future temperature 
predictions and the heterogeneity of the species' habitat and current 
environmental conditions across its range. Further, we do not have 
sufficient information to suggest future ocean warming will 
significantly affect the extinction risk for orange clownfish in the 
foreseeable future. Therefore, acknowledging these uncertainties, we 
conclude that the threat of ocean warming has a low likelihood of 
significantly contributing to extinction risk for A. percula now, or in 
the foreseeable future.

Extinction Risk Assessment

    In assessing four demographic risks for the orange clownfish--
abundance, growth rate/productivity, spatial structure/connectivity, 
and diversity--we determined that the likelihood of three of these 
risks individually contributing significantly to the extinction risk 
for the species both now and in the foreseeable future is low 
(abundance, growth rate/productivity, diversity), and unknown for the 
fourth (spatial structure/connectivity). On a local scale, spatial 
structure/connectivity does not appear to be a cause for concern for 
this species but, because global genetic structure is unknown, we 
cannot assign a likelihood that this factor is contributing 
significantly to extinction risk for A. percula.
    We acknowledge that uncertainties exist regarding how these 
demographic risks may affect the species on an individual and 
population level. However, we conclude that the species' estimated wild 
abundance of 13-18 million individuals is at a level sufficient to 
withstand demographic stochasticity. Moreover, productivity appears to 
be at or above replacement levels, rates of dispersal and recruitment 
at the local scale appear sufficient to sustain meta-population 
structure (although global genetic structure is unknown), and species 
diversity may allow for trans-generational adaptation to long term, 
global environmental change. As such, even with acknowledgement of 
uncertainties, we conclude that these demographic risks have a low or 
unknown likelihood of contributing in a significant way to the 
extinction risk of the orange clownfish.
    We also assessed 12 current and predicted threats to the species 
and determined that the likelihood of these individual threats 
contributing to the extinction risk of the species throughout its range 
vary between very low and low-to-medium (one threat was very low; nine 
threats were low; and two threats were low-to-medium). We again 
acknowledge uncertainties in predicting the breadth of the threats and 
the extent of the species' exposure and response, but we can assume 
that these threats are reasonably certain to occur at some magnitude. 
For some threats, such as anemone bleaching, evidence indicates these 
events will become more severe and more frequent over the next few 
decades (van Hooidonk et al., 2013). However, anemone susceptibility 
and response is variable, and A. percula is known to associate with 
five anemone hosts, indicating that the species may be resilient to 
this threat. Additionally, the species may exhibit resiliency and 
adaptation to threats such as ocean acidification and ocean warming via 
trans-generational plasticity. While it is unknown how much adaptation 
the species will undergo, we anticipate such threats to occur gradually 
over space and time rather than acutely.
    Of the 12 identified current and predicted threats, our two 
greatest concerns relate to the species' susceptibility and exposure to 
sedimentation and nutrients, as well as the inadequacy of regulatory 
mechanisms to address this threat, especially since juveniles and 
adults occur in shallow water and are non-migratory once they have 
settled into a host anemone. Therefore, we conservatively assigned a 
low-to-medium likelihood that both this threat and the inadequate 
regulatory mechanisms to address this threat may contribute 
significantly to the extinction risk for the orange clownfish.
    Considering the demographic risks analysis (three low, one unknown) 
and the current and predicted threats assessment (one very low, nine 
low, two low-to-medium), we have determined that overall extinction 
risk for the orange clownfish is low, both now and in the foreseeable 
future. We recognize that some of the demographic risks and threats to 
the species may work in combination to produce cumulative effects. For 
example, increased ocean acidification may affect the olfactory and 
auditory sensory capabilities of the species and potentially affect 
predation rates; ocean warming may affect the aerobic capacity of the 
species or the rates of disease; and harvest of sea anemones may 
eliminate habitat that is essential for the species and potentially 
increase the likelihood of predation; and therefore, interactions 
within and among these threats may affect individuals of the species. 
However, despite our acknowledged uncertainties, even these synergistic 
effects that can be reasonably expected to occur from multiple threats 
and/or demographic risks are expected to be limited to cumulative 
effects on a local scale at most and not anticipated to rise to the 
level of significantly affecting the extinction risk for this species. 
While individuals may be affected, we do not anticipate the overlap of 
these threats to be widespread throughout the species' range at any 
given time because all threats are occurring and will continue to occur 
with significant variability over space and time. Therefore, we do not 
expect the species to respond to cumulative threats in a way that may

[[Page 51246]]

cause measurable effects at the population level.
    Based on the species' exposure and response to threats, resilient 
life history characteristics, potential for trans-generational adaptive 
capabilities, and estimated global wild abundance of 13-18 million 
individuals, it is unlikely that these threats will contribute 
significantly to the extinction risk of the orange clownfish. 
Therefore, we conclude that the species is not endangered or threatened 
throughout its range.

Significant Portion of Its Range

    Though we find that the orange clownfish is not in danger of 
extinction now or in the foreseeable future throughout its range, under 
the SPR Policy, we must go on to evaluate whether the species in in 
danger of extinction, or likely to become so in the foreseeable future, 
in a ``significant portion of its range'' (79 FR 37578; July 1, 2014).
    The SPR Policy explains that it is necessary to fully evaluate a 
particular portion for potential listing under the ``significant 
portion of its range'' authority only if substantial information 
indicates that the members of the species in a particular area are 
likely both to meet the test for biological significance and to be 
currently endangered or threatened in that area. Making this 
preliminary determination triggers a need for further review, but does 
not prejudge whether the portion actually meets these standards such 
that the species should be listed. To identify only those portions that 
warrant further consideration, we will determine whether there is 
substantial information indicating that (1) the portions may be 
significant and (2) the species may be in danger of extinction in those 
portions or likely to become so within the foreseeable future. We 
emphasize that answering these questions in the affirmative is not a 
determination that the species is endangered or threatened throughout a 
significant portion of its range--rather, it is a step in determining 
whether a more detailed analysis of the issue is required (79 FR 37578, 
at 37586; July 1, 2014).
    Thus, the preliminary determination that a portion may be both 
significant and endangered or threatened merely requires NMFS to engage 
in a more detailed analysis to determine whether the standards are 
actually met (79 FR 37578, at 37587). Unless both standards are met, 
listing is not warranted. The policy further explains that, depending 
on the particular facts of each situation, NMFS may find it is more 
efficient to address the significance issue first, but in other cases 
it will make more sense to examine the status of the species in the 
potentially significant portions first. Whichever question is asked 
first, an affirmative answer is required to proceed to the second 
question. Id. ``[I]f we determine that a portion of the range is not 
`significant,' we will not need to determine whether the species is 
endangered or threatened there; if we determine that the species is not 
endangered or threatened in a portion of its range, we will not need to 
determine if that portion is `significant' '' (79 FR 37578, at 37587). 
Thus, if the answer to the first question is negative--whether that 
regards the significance question or the status question--then the 
analysis concludes and listing is not warranted.
    Applying the policy to the orange clownfish, we first evaluated 
whether there is substantial information indicating that any particular 
portion of the species' range is ``significant.'' We considered the 
best available information on abundance, productivity, spatial 
distribution, and diversity in portions of the species' range in the 
Indo-Pacific Ocean. We did not find information indicating that any of 
these four factors show any type of spatial pattern that would allow 
for delineation of portions of the species' range in order to evaluate 
biological significance. The range of the species is somewhat 
restricted to the eastern-most portion of the coral triangle and 
northern Australia. Abundance and density of A. percula are highly 
variable throughout the species' range and are likely highest in Papua 
New Guinea. However, we do not have information on abundance and 
density in other portions of the species' range and were only able to 
estimate an overall global population size of 13-18 million (based on 
De Brauwer, 2014). We do not have information on historical abundance 
or recent population trends for the orange clownfish, nor can we 
estimate population growth rates in any particular portions of the 
species' range. The best available information on spatial distribution 
indicates that the orange clownfish likely has variable connectivity 
between and within meta-populations throughout its range. We do not 
have information on the global phylogeography of orange clownfish and 
cannot delineate any particular portion of the species' range that may 
be significant because of its spatial distribution or connectivity 
characteristics. Multiple reports of geographic color variations at 
sites in Papua New Guinea indicate there is genetic diversity at those 
sites. Levels of phenotypic and genetic diversity in other portions of 
the species' range are largely unknown. Based on their pelagic 
dispersal and variable levels of self-recruitment, orange clownfish are 
likely arranged in meta-population structures like the ones studied in 
Kimbe Bay, Papua New Guinea, throughout their geographic range, thus 
providing opportunity for genetic mixing.
    After a review of the best available information, and because of 
the scale at which most of the information exists, there is no 
supportable way to evaluate demographic factors for any portions 
smaller than the entire population. We are unable to identify any 
particular portion of the species' range where its contribution to the 
viability of the species is so important that, without the members in 
the portion, the species would be at risk of extinction, or likely to 
become so in the foreseeable future, throughout all of its range. We 
find that there is no portion of the species' range that qualifies as 
``significant'' under the SPR Policy, and thus our SPR analysis ends.

Determination

    Based on our consideration of the best available information, as 
summarized here and in Maison and Graham (2015), we determine that the 
orange clownfish, Amphiprion percula, faces a low risk of extinction 
throughout its range both now and in the foreseeable future, and that 
there is no portion of the orange clownfish's range that qualifies as 
``significant'' under the SPR Policy. We therefore conclude that 
listing this species as threatened or endangered under the ESA is not 
warranted. This is a final action, and, therefore, we do not solicit 
comments on it.

References

    A complete list of all references cited herein is available at our 
Web site (see ADDRESSES).

Classification

National Environmental Policy Act

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the 
information that may be considered when assessing species for listing. 
Based on this limitation of criteria for a listing decision and the 
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir. 
1981), NMFS has concluded that ESA listing actions are not subject to 
the environmental assessment requirements of the National Environmental 
Policy Act (See NOAA Administrative Order 216-6).

[[Page 51247]]

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: August 18, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-20754 Filed 8-21-15; 8:45 am]
BILLING CODE 3510-22-P