[Federal Register: March 18, 2005 (Volume 70, Number 52)]
[Proposed Rules]
[Page 13151-13152]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18mr05-30]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 050304058-5058-01; I.D. No. 060204C]
RIN 0648-XB29
Endangered and Threatened Wildlife and Plants; 12-Month Finding
on a Petition To List Elkhorn Coral, Staghorn coral, and Fused-staghorn
coral as Threatened or Endangered
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of petition finding and availability of a status review
document.
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SUMMARY: NMFS announces a 12-month finding on a petition to add the
elkhorn coral (Acropora palmata), staghorn coral (A. cervicornis), and
fused-staghorn coral (A. prolifera), throughout their known range, to
the list of threatened and endangered wildlife and to designate
critical habitat under the Endangered Species Act (ESA). Based on a
review of the best available scientific and commercial information on
the status of the species, NMFS finds that the petitioned action is
warranted with respect to elkhorn and staghorn corals and will promptly
publish a proposed rule to list these two species as threatened.
Furthermore, NMFS concludes that listing fused-staghorn coral is not
warranted as it is a hybrid and does not constitute a species.
DATES: The finding announced in this document was made on March 3,
2005.
ADDRESSES: Copies of the Atlantic Acropora status review document are
available upon request from the Protected Resources Division, NMFS,
9721 Executive Center Drive North, St. Petersburg, FL 33702. After
March 17, 2005, please direct requests to our new address: 263 13th
Ave. South, St. Peterburg, FL 33701. The status review is also
available on the NMFS website at http://sero.nmfs.noaa.gov/pr/protres.htm
.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Moore or Dr. Stephania
Bolden, NMFS Southeast Region, 727-570-5312, or Ms. Marta Nammack, HQ
Office of Protected Resources, 301-713-1401, ext. 180. Please note the
NMFS Southeast Regional Office is moving March 17, 2005 and after March
21, 2005, the new telephone exchange will be 727-824-5312.
SUPPLEMENTARY INFORMATION: Pursuant to section 4(b)(3)(B) of the ESA
(16 U.S.C. 1531 et seq.), for any petition to revise the List of
Endangered or Threatened Wildlife and Plants which presents substantial
scientific and commercial information, NMFS is required to make a
finding within 12 months of the date of receipt of the petition on
whether the petitioned action is (a) not warranted, (b) warranted, or
(c) warranted but precluded from immediate proposal by other pending
proposals of higher priority.
On March 4, 2004, the Center for Biological Diversity (CBD)
petitioned NMFS to list elkhorn (Acropora palmata), staghorn (A.
cervicornis), and fused-staghorn (A. prolifera) coral as either
threatened or endangered under the Endangered Species Act (ESA) and to
designate critical habitat. On June 23, 2004, NMFS made a positive 90-
day finding (69 FR 34995) that the CBD presented substantial
information indicating that the petitioned actions may be warranted and
announced the initiation of a formal status review as required by
section 4(b)(3)(A) of the ESA.
In order to conduct a comprehensive review, NMFS convened an
Atlantic Acropora Biological Review Team (BRT) to conduct the status
review, which incorporates and summarizes the best available scientific
and commercial data to date. It addresses the status of the species,
the five ESA listing factors, and current regulatory, conservation and
research efforts that may yield protection. The BRT also reviewed and
considered materials received by NMFS as a result of a Federal Register
notice and public meetings; substantive materials were incorporated
into the status review. Copies of the status review are available upon
request from the Protected Resources Division, NMFS (see ADDRESSES).
NMFS finds that with respect to elkhorn and staghorn corals, the
petitioned action is warranted at this time. NMFS will promptly publish
a proposed rule to list these two species as threatened. Furthermore,
NMFS concludes that listing fused-staghorn coral is not warranted as it
is a hybrid and does not constitute a species.
According to section 4(b)(3(B) of the ESA, 16 U.S.C. 4(b)(3)(B),
when a petitioned action is warranted, a proposed regulation to
implement the action shall be promptly published in the Federal
Register. NMFS will immediately begin developing a proposed rule to
list the two species as threatened to comply with the ESA's requirement
to publish the proposed listing rule promptly. NMFS will also
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begin contacting and coordinating with State/Territory and NOAA
resource managers to identify activities that may adversely affect the
species and potential take exemptions that should be identified in a
4(d) rule, as necessary to provide for the conservation of these
threatened species.
After publication of a proposed rule to list the species and
establish protective regulations, regulations at 50 CFR 424.16 specify
that NMFS allow for public comments regarding the proposed rule and
hold public hearings if requested. Within 1 year of publishing the
proposed listing regulation, a final rule to list the species, a notice
extending the 1-year period, or a notice withdrawing the proposed
listing must be published in the Federal Register.
The ESA requires that a final rule designating critical habitat of
an endangered or threatened species shall be, to the maximum extent
prudent, published concurrently with the final rule listing the species
(ESA 4(a)(3)(A)). If at that time critical habitat is undeterminable,
the period may be extended by not more than 1 additional year.
Authority
The authority for this section is the ESA of 1973, as amended (16
U.S.C. 1531 et seq.).
Dated: March 11, 2005.
William T. Hogarth,
Assistant Administrator for Fisheries,National Marine Fisheries
Service.
[FR Doc. 05-5346 Filed 3-14-05; 4:33 pm]
BILLING CODE 3510-22-S