Endangered and Threatened Wildlife and Plants; Technical Correction for the Coral Fimbriaphyllia paradivisa, 81867-81869 [2024-23317]
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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
a LOA issued pursuant to § 216.106 of
this chapter and § 217.236, a LOA may
be modified without prior notice or
opportunity for public comment.
Notification will be published in the
Federal Register within 30 days of the
action.
[FR Doc. 2024–23392 Filed 10–8–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 240919–0246]
RTID 0648–XR137
Endangered and Threatened Wildlife
and Plants; Technical Correction for
the Coral Fimbriaphyllia paradivisa
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Direct final rule.
AGENCY:
We, NMFS, announce the
revised taxonomy of the coral Euphyllia
paradivisa (no common name) under
the Endangered Species Act of 1973, as
amended (ESA). We are revising the
Enumeration of threatened marine and
anadromous species for Euphyllia
paradivisa to reflect the scientifically
accepted taxonomy and nomenclature of
this species. We revise the scientific
name of the species to Fimbriaphyllia
paradivisa. The changes to the
taxonomic classification and
nomenclature do not affect the species’
listing status under the ESA or any
protections and requirements arising
from its listing.
DATES: The rule is effective December 9,
2024 without further action, unless
significnt adverse comment is received
by November 8, 2024. If significant
adverse comments are received, the
NMFS will publish a timely withdrawal
of the rule in the Federal Register.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2024–0078, by the following
method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2024–0078 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:50 Oct 08, 2024
Jkt 265001
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Lance Smith, NMFS, Pacific Islands
Regional Office, 808–725–5131,
Lance.Smith@noaa.gov.
SUPPLEMENTARY INFORMATION:
Purpose of This Rule
The purpose of our direct final rule is
to notify the public that we are revising
the Enumeration of threatened marine
and anadromous species (50 CFR
223.102(e)) to reflect the scientifically
accepted taxonomy and nomenclature of
one coral species, Euphyllia paradivisa,
listed under section 4 of the ESA in
2014 (16 U.S.C. 1531 et seq.). The
change reflects the most recently
accepted scientific name in accordance
with 50 CFR 223.102(b).
We are publishing this rule as a direct
final rule because this is a
noncontroversial action that reflects
decisions already taken in the scientific
community, such that prior notice and
an opportunity to comment is
unnecessary. This rule does not change
the listing status of the species under
the ESA and does not alter any
protections afforded the species or any
other legal requirements arising from
the species’ listing under the ESA. This
change should be undertaken in as
timely a manner as possible. This rule
will be effective, as published in this
document on the effective date specified
in DATES, unless we receive significant
adverse comments on or before the
comment due date specified in DATES.
Significant adverse comments are
comments that provide strong scientific
justification as to why the taxonomic
and nomenclature changes to the
Enumeration of the listed entity should
not be adopted or why the rule should
be changed. Please include sufficient
scientific information with your
comments that will allow us to verify
the basis for any significant adverse
comments.
If we receive significant adverse
comments, we will publish a
notification in the Federal Register
withdrawing this rule before the
effective date, and we will engage in
notice and comment rulemaking under
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81867
the applicable requirements of the
Administrative Procedure Act to
promulgate these changes to 50 CFR
223.102(e).
Background
Under 50 CFR 223.102(b), we use the
most recently accepted scientific name
of any species that we have determined
to be threatened under the ESA, relying
to the extent practicable on the
International Code of Zoological
Nomenclature (ICZN). The ESA likewise
requires that listing decisions be based
solely on the best scientific and
commercial data available (see 16 U.S.C.
1533(b)(1)(A)). Using the best available
scientific information, our direct final
rule documents a taxonomic change
(scientific name) to Euphyllia
paradivisa. This change is supported by
studies published in peer-reviewed
journals, acceptance by the World
Register of Marine Species, our 5-year
Review of the species (NMFS 2024), and
broad acceptance by scientists around
the world. We revise the scientific name
of Euphyllia paradivisa listed under
section 4 of the ESA (16 U.S.C. 1531 et
seq.) as follows: Fimbriaphyllia
paradivisa. We make this change to the
Enumeration of threatened marine and
anadromous species (50 CFR 223.102(e))
to reflect the most recently accepted
scientific name in accordance with 50
CFR 223.102(b).
Taxonomy Classification
Fimbriaphyllia paradivisa
Based on colony growth form, Veron
& Pichon (1980) established two
subgenera within the genus Euphyllia,
namely Euphyllia and Fimbriaphyllia.
Veron (1990) described the species
Euphyllia paradivisa, placing it in
Euphyllia instead of Fimbriaphyllia
based on skeletal and tentacle
morphological characteristics. More
recently, molecular data showed that
the species traditionally ascribed to the
genus Euphyllia could be separated into
two major lineages that were distinct
enough to fall within two separate
genera (Luzon et al. 2017, Arrigoni et al.
2023). Luzon et al. (2017) demonstrated
that these two major lineages, can be
distinguished based on the polyp
morphology and reproductive traits. As
such, Luzon et al. (2017) elevated
Fimbriaphyllia from a subgenera within
the genus Euphyllia to a separate genus
to be composed of five species, namely
F. ancora, F. divisa, F. paraancora, F.
paradivisa, and F. yaeyamensis; this
taxonomic change was supported by the
results of Arrigoni et al. (2023). There
has been broad acceptance among
scientists around the world of the
taxonomic change suggested by these
E:\FR\FM\09OCR1.SGM
09OCR1
81868
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
studies. This taxonomic change has also
been accepted by the World Register of
Marine Species (WoRMS), an
authoritative and comprehensive
registry of marine species that follows
ICZN protocols (see https://
www.marinespecies.org). (We note that,
while the separate ICZN database
(ZooBank) is generally a reliable source
for taxonomic information, in this
instance, the ZooBank is incomplete
because it often does not include coral
species and marine invertebrates; thus,
we are not relying on the ZooBank for
evidence of the current, accepted
scientific name of this coral species.)
NMFS, therefore, recognizes the
taxonomic change and is making
technical revisions to 50 CFR 223.102(e)
to reflect the most recently accepted
scientific name based on the best
available scientific information about
the listed species. Once the changes to
50 CFR 223.102(e) take effect, the
taxonomic change will be incorporated
into all new NMFS publications
pertaining to the species. This species
will continue to be listed as threatened
and is subject to the same protections as
those that existed prior to these changes.
No other aspect of the entry for this
species in 50 CFR 223.102(e) will
change as a result of this rule.
Required Determinations
khammond on DSKJM1Z7X2PROD with RULES
The Assistant Administrator for
Fisheries finds that good cause exists to
waive the requirement for prior notice
and opportunity for public comment,
pursuant to 5 U.S.C. 553(b)(B). Such
procedures would be unnecessary as the
taxonomic change made in this rule is
technical and reflects decisions already
taken in the scientific community. This
rule does not change the listing status of
this coral species under the ESA, and
therefore does not alter the legal
protections afforded to the species or
any other requirements arising from its
listing under the ESA or add any new
requirements.
VerDate Sep<11>2014
16:02 Oct 08, 2024
Jkt 265001
This action is not subject to review
under Executive Order (E.O.) 12866.
Because a general notice of proposed
rulemaking is not required, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., are inapplicable.
This final rule does not contain
policies with federalism implications
under E.O. 13132. Policies that have
federalism implications refers to
regulations, legislative comments or
proposed legislation, and other policy
statements or actions that have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. This final rule
does not have federalism implications;
therefore, the agency did not follow the
additional consultation procedures
outlined in E.O. 13132.
This rule does not contain any
collections of information that require
approval by the Office of Management
and Budget under the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.).
This rule will not impose recordkeeping
or reporting requirements on State or
local governments, individuals,
businesses, or organizations.
E.O. 12898 requires that Federal
actions address environmental justice in
the decision-making process. In
particular, the environmental effects of
the actions should not have a
disproportionate effect on minority and
low-income communities. This rule is
not expected to have a disproportionate
effect on minority populations or lowincome populations.
This final rule makes a taxonomic
change relative to a previous listing
determination under the ESA to reflect
the most recently accepted scientific
name based on the best available
scientific information about the species’
taxonomy and nomenclature. NMFS has
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Frm 00044
Fmt 4700
Sfmt 4700
concluded that the National
Environmental Policy Act (NEPA) does
not apply to ESA listing actions, and we
conclude that NEPA does not apply to
this correction to the identification of
the listed species to reflect the best
available scientific information (see
NOAA Administrative Order 216–6A
and the Companion Manual for NOAA
Administrative Order 216–6A, regarding
Policy and Procedures for Compliance
with the National Environmental Policy
Act and Related Authorities).
References Cited
A complete list of references is
available on our website at: https://
www.fisheries.noaa.gov/action/.
List of Subjects in 50 CFR Part 223
Endangered and threatened species.
Dated: October 3, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
223 as follows:
PART 223—THREATENED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 223
continues to read as follows:
■
Authority: 16 U.S.C. 1531 1543; subpart B,
§ 223.201–202 also issued under 16 U.S.C.
1361 et seq.; 16 U.S.C. 5503(d) for
§ 223.206(d)(9).
2. In § 223.102, amend the table in
paragraph (e), under the heading
‘‘Corals’’ by revising the entry for
‘‘Euphyllia paradivisa’’ to read as
follows:
■
§ 223.102 Enumeration of threatened
marine and anadromous species.
*
*
*
(e) * * *
E:\FR\FM\09OCR1.SGM
09OCR1
*
*
81869
Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations
Species 1
Common name
*
Scientific name
*
Description of listed entity
*
*
Citation(s) for listing
determination(s)
*
Critical
habitat
*
ESA rules
*
Corals
*
Coral, [no common name]
*
*
*
Fimbriaphyllia paradivisa ...
*
*
Entire species ....................
*
*
*
*
79 FR 53852, Sept. 10,
2014.
*
*
226.230
*
NA.
*
1 Species
includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7,
1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
[FR Doc. 2024–23317 Filed 10–8–24; 8:45 a.m.]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240228–0062; RTID 0648–
XE363]
Fisheries of the Northeastern United
States; Atlantic Herring Fishery;
Adjustment to the 2024 Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
adjustment.
AGENCY:
NMFS increases the 2024
Atlantic herring annual catch limit and
Area 1A sub-annual catch limit by 1,000
metric tons (mt) for the remainder of
2024. This action is required by the
herring regulations when, based on data
through October 1, 2024, NMFS
determines that the New Brunswick
weir fishery has landed less than 2,722
SUMMARY:
mt of herring. This notification informs
the public of these catch limit changes.
DATES: Effective October 8, 2024,
through December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Ashley Trudeau, Fishery Resource
Management Specialist, 978–281–9252,
ashley.trudeau@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published final 2024 specifications for
the Atlantic Herring Fishery
Management Plan on March 4, 2024 (89
FR 15482), establishing the 2024 annual
catch limit (ACL) and area sub-ACLs.
Table 1 shows the current herring
specifications for 2024 and the
specifications as revised by this action
for the remainder of the calendar year.
The NMFS Regional Administrator
tracks herring landings in the New
Brunswick weir fishery each year. The
regulations at 50 CFR 648.201(h) require
that if the New Brunswick weir fishery
landings through October 1 are
determined to be less than 2,722 mt,
then NMFS subtracts 1,000 mt from the
management uncertainty buffer and
reallocates that amount to the ACL and
Area 1A sub-ACL. When such a
determination is made, NMFS is
required to notify the New England
Fishery Management Council and
publish the ACL and Area 1A sub-ACL
adjustment in the Federal Register.
Information from Canada’s
Department of Fisheries and Oceans
indicates that the New Brunswick weir
fishery landed 930 mt of herring
through October 1, 2024. Therefore, the
Regional Administrator determined that,
effective upon notification filing in the
Federal Register, 1,000 mt will be
reallocated from the management
uncertainty buffer to the Area 1A subACL and the ACL. This 1,000 mt
reallocation increases the Area 1A subACL from 5,504 mt to 6,504 mt and the
ACL from 19,141 mt to 20,141 mt for the
remainder of 2024.
Additionally, NMFS will use the
adjusted allocations when we project
whether catch from Area 1A will reach
92 percent of the Area 1A sub-ACL, or
whether overall herring catch will reach
95 percent of the ACL. When Area 1A
catch is projected to reach 92 percent of
the Area 1A sub-ACL, catch from this
area is reduced to 2,000 lb (907.2 kg) per
trip, per calendar day. When overall
catch is projected to reach 95 percent of
the ACL, then catch in or from all
herring management areas is limited to
2,000 lb (907.2 kg) per trip, per calendar
day.
TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2024
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Current specifications
(mt)
Overfishing Limit ............................................................................................................
Acceptable Biological Catch ..........................................................................................
Management Uncertainty ...............................................................................................
Optimum Yield/ACL .......................................................................................................
Domestic Annual Harvest ..............................................................................................
Border Transfer ..............................................................................................................
Domestic Annual Processing .........................................................................................
U.S. At-Sea Processing .................................................................................................
Area 1A Sub-ACL (28.9 percent) ..................................................................................
Area 1B Sub-ACL (4.3 percent) ....................................................................................
Area 2 Sub-ACL (27.8 percent) .....................................................................................
Area 3 Sub-ACL (39 percent) ........................................................................................
Fixed Gear Set-Aside ....................................................................................................
Research Set-Aside (RSA) ............................................................................................
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16:02 Oct 08, 2024
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Frm 00045
Fmt 4700
Sfmt 4700
E:\FR\FM\09OCR1.SGM
32,233
23,409
4,220
19,141
19,141
0
19,141
0
5,504
819
5,449
7,484
30
0%
09OCR1
Adjusted specifications
(mt)
32,233
23,409
3,220
20,141
20,141
0
20,141
0
6,504
819
5,449
7,484
30
0%
]]>Agencies
[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81867-81869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23317]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 240919-0246]
RTID 0648-XR137
Endangered and Threatened Wildlife and Plants; Technical
Correction for the Coral Fimbriaphyllia paradivisa
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce the revised taxonomy of the coral Euphyllia
paradivisa (no common name) under the Endangered Species Act of 1973,
as amended (ESA). We are revising the Enumeration of threatened marine
and anadromous species for Euphyllia paradivisa to reflect the
scientifically accepted taxonomy and nomenclature of this species. We
revise the scientific name of the species to Fimbriaphyllia paradivisa.
The changes to the taxonomic classification and nomenclature do not
affect the species' listing status under the ESA or any protections and
requirements arising from its listing.
DATES: The rule is effective December 9, 2024 without further action,
unless significnt adverse comment is received by November 8, 2024. If
significant adverse comments are received, the NMFS will publish a
timely withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0078, by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2024-0078 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
FOR FURTHER INFORMATION CONTACT: Lance Smith, NMFS, Pacific Islands
Regional Office, 808-725-5131, [email protected].
SUPPLEMENTARY INFORMATION:
Purpose of This Rule
The purpose of our direct final rule is to notify the public that
we are revising the Enumeration of threatened marine and anadromous
species (50 CFR 223.102(e)) to reflect the scientifically accepted
taxonomy and nomenclature of one coral species, Euphyllia paradivisa,
listed under section 4 of the ESA in 2014 (16 U.S.C. 1531 et seq.). The
change reflects the most recently accepted scientific name in
accordance with 50 CFR 223.102(b).
We are publishing this rule as a direct final rule because this is
a noncontroversial action that reflects decisions already taken in the
scientific community, such that prior notice and an opportunity to
comment is unnecessary. This rule does not change the listing status of
the species under the ESA and does not alter any protections afforded
the species or any other legal requirements arising from the species'
listing under the ESA. This change should be undertaken in as timely a
manner as possible. This rule will be effective, as published in this
document on the effective date specified in DATES, unless we receive
significant adverse comments on or before the comment due date
specified in DATES. Significant adverse comments are comments that
provide strong scientific justification as to why the taxonomic and
nomenclature changes to the Enumeration of the listed entity should not
be adopted or why the rule should be changed. Please include sufficient
scientific information with your comments that will allow us to verify
the basis for any significant adverse comments.
If we receive significant adverse comments, we will publish a
notification in the Federal Register withdrawing this rule before the
effective date, and we will engage in notice and comment rulemaking
under the applicable requirements of the Administrative Procedure Act
to promulgate these changes to 50 CFR 223.102(e).
Background
Under 50 CFR 223.102(b), we use the most recently accepted
scientific name of any species that we have determined to be threatened
under the ESA, relying to the extent practicable on the International
Code of Zoological Nomenclature (ICZN). The ESA likewise requires that
listing decisions be based solely on the best scientific and commercial
data available (see 16 U.S.C. 1533(b)(1)(A)). Using the best available
scientific information, our direct final rule documents a taxonomic
change (scientific name) to Euphyllia paradivisa. This change is
supported by studies published in peer-reviewed journals, acceptance by
the World Register of Marine Species, our 5-year Review of the species
(NMFS 2024), and broad acceptance by scientists around the world. We
revise the scientific name of Euphyllia paradivisa listed under section
4 of the ESA (16 U.S.C. 1531 et seq.) as follows: Fimbriaphyllia
paradivisa. We make this change to the Enumeration of threatened marine
and anadromous species (50 CFR 223.102(e)) to reflect the most recently
accepted scientific name in accordance with 50 CFR 223.102(b).
Taxonomy Classification
Fimbriaphyllia paradivisa
Based on colony growth form, Veron & Pichon (1980) established two
subgenera within the genus Euphyllia, namely Euphyllia and
Fimbriaphyllia. Veron (1990) described the species Euphyllia
paradivisa, placing it in Euphyllia instead of Fimbriaphyllia based on
skeletal and tentacle morphological characteristics. More recently,
molecular data showed that the species traditionally ascribed to the
genus Euphyllia could be separated into two major lineages that were
distinct enough to fall within two separate genera (Luzon et al. 2017,
Arrigoni et al. 2023). Luzon et al. (2017) demonstrated that these two
major lineages, can be distinguished based on the polyp morphology and
reproductive traits. As such, Luzon et al. (2017) elevated
Fimbriaphyllia from a subgenera within the genus Euphyllia to a
separate genus to be composed of five species, namely F. ancora, F.
divisa, F. paraancora, F. paradivisa, and F. yaeyamensis; this
taxonomic change was supported by the results of Arrigoni et al.
(2023). There has been broad acceptance among scientists around the
world of the taxonomic change suggested by these
[[Page 81868]]
studies. This taxonomic change has also been accepted by the World
Register of Marine Species (WoRMS), an authoritative and comprehensive
registry of marine species that follows ICZN protocols (see https://www.marinespecies.org). (We note that, while the separate ICZN database
(ZooBank) is generally a reliable source for taxonomic information, in
this instance, the ZooBank is incomplete because it often does not
include coral species and marine invertebrates; thus, we are not
relying on the ZooBank for evidence of the current, accepted scientific
name of this coral species.)
NMFS, therefore, recognizes the taxonomic change and is making
technical revisions to 50 CFR 223.102(e) to reflect the most recently
accepted scientific name based on the best available scientific
information about the listed species. Once the changes to 50 CFR
223.102(e) take effect, the taxonomic change will be incorporated into
all new NMFS publications pertaining to the species. This species will
continue to be listed as threatened and is subject to the same
protections as those that existed prior to these changes. No other
aspect of the entry for this species in 50 CFR 223.102(e) will change
as a result of this rule.
Required Determinations
The Assistant Administrator for Fisheries finds that good cause
exists to waive the requirement for prior notice and opportunity for
public comment, pursuant to 5 U.S.C. 553(b)(B). Such procedures would
be unnecessary as the taxonomic change made in this rule is technical
and reflects decisions already taken in the scientific community. This
rule does not change the listing status of this coral species under the
ESA, and therefore does not alter the legal protections afforded to the
species or any other requirements arising from its listing under the
ESA or add any new requirements.
This action is not subject to review under Executive Order (E.O.)
12866. Because a general notice of proposed rulemaking is not required,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., are inapplicable.
This final rule does not contain policies with federalism
implications under E.O. 13132. Policies that have federalism
implications refers to regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government. This final
rule does not have federalism implications; therefore, the agency did
not follow the additional consultation procedures outlined in E.O.
13132.
This rule does not contain any collections of information that
require approval by the Office of Management and Budget under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This rule will not
impose recordkeeping or reporting requirements on State or local
governments, individuals, businesses, or organizations.
E.O. 12898 requires that Federal actions address environmental
justice in the decision-making process. In particular, the
environmental effects of the actions should not have a disproportionate
effect on minority and low-income communities. This rule is not
expected to have a disproportionate effect on minority populations or
low-income populations.
This final rule makes a taxonomic change relative to a previous
listing determination under the ESA to reflect the most recently
accepted scientific name based on the best available scientific
information about the species' taxonomy and nomenclature. NMFS has
concluded that the National Environmental Policy Act (NEPA) does not
apply to ESA listing actions, and we conclude that NEPA does not apply
to this correction to the identification of the listed species to
reflect the best available scientific information (see NOAA
Administrative Order 216-6A and the Companion Manual for NOAA
Administrative Order 216-6A, regarding Policy and Procedures for
Compliance with the National Environmental Policy Act and Related
Authorities).
References Cited
A complete list of references is available on our website at:
https://www.fisheries.noaa.gov/action/.
List of Subjects in 50 CFR Part 223
Endangered and threatened species.
Dated: October 3, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
223 as follows:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531 1543; subpart B, Sec. 223.201-202
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
Sec. 223.206(d)(9).
0
2. In Sec. 223.102, amend the table in paragraph (e), under the
heading ``Corals'' by revising the entry for ``Euphyllia paradivisa''
to read as follows:
Sec. 223.102 Enumeration of threatened marine and anadromous species.
* * * * *
(e) * * *
[[Page 81869]]
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Species \1\
------------------------------------------------------------------ Citation(s) for Critical
Description of listing habitat ESA rules
Common name Scientific name listed entity determination(s)
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* * * * * * *
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Corals
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* * * * * * *
Coral, [no common name]...... Fimbriaphyllia Entire species.. 79 FR 53852, 226.230 NA.
paradivisa. Sept. 10, 2014.
* * * * * * *
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\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
FR 58612, November 20, 1991).
[FR Doc. 2024-23317 Filed 10-8-24; 8:45 a.m.]
BILLING CODE 3510-22-P
