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Final Rule to List the Dusky Sea Snake and Three

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Final Rule to List the Dusky Sea Snake and Three 60560 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations Manufacturer Subject lines Passat. Tiguan. VOLVO ......................................................................................... S60. 1 Granted an exemption from the parts marking requirements beginning with MY 2016. 2 The X1 carline was replaced by the X1 MPV line beginning in MY 2016. According to BMW, production of its X1 carline ceased in MY 2015. 3 Granted an exemption from the parts marking requirements beginning with MY 2015. 4 According to Mercedes-Benz, the CL-Class was renamed the S-Coupe Class beginning with MY 2015. Under authority delegated in 49 CFR part FOR FURTHER INFORMATION CONTACT: whether a group of organisms 1.95. Dwayne Meadows, Ph.D., NMFS, Office constitutes a ‘‘species’’ under the ESA, Raymond R. Posten, of Protected Resources, (301) 427–8403. then whether the status of the species Associate Administrator for Rulemaking. SUPPLEMENTARY INFORMATION: qualifies it for listing as either [FR Doc. 2015–25369 Filed 10–6–15; 8:45 am] threatened or endangered. Section 3 of Background BILLING CODE 4910–59–P the ESA defines a ‘‘species’’ to include On July 15, 2013, we received a ‘‘any subspecies of fish or wildlife or petition from WildEarth Guardians to plants, and any distinct population list 81 marine species as threatened or segment of any species of vertebrate fish DEPARTMENT OF COMMERCE endangered under the Endangered or wildlife which interbreeds when Species Act (ESA). We found that the mature.’’ National Oceanic and Atmospheric petitioned actions may be warranted for Section 3 of the ESA defines an Administration 27 of the 81 species and announced the endangered species as ‘‘any species initiation of status reviews for each of which is in danger of extinction 50 CFR Parts 223 and 224 the 27 species (78 FR 63941, October 25, throughout all or a significant portion of 2013; 78 FR 66675, November 6, 2013; its range’’ and a threatened species as [Docket No. 140707555–5880–02] 78 FR 69376, November 19, 2013; 79 FR one ‘‘which is likely to become an 9880, February 21, 2014; and 79 FR endangered species within the RIN 0648–XD370 10104, February 24, 2014). On foreseeable future throughout all or a December 16, 2014, we published a significant portion of its range.’’ We Endangered and Threatened Wildlife proposed rule to list the dusky sea snake interpret an ‘‘endangered species’’ to be and Plants; Final Rule To List the (Aipysurus fuscus) and three foreign one that is presently in danger of Dusky Sea Snake and Three Foreign corals (Cantharellus noumeae, extinction. A ‘‘threatened species,’’ on Corals Under the Endangered Species Siderastrea glynni, and Tubastraea the other hand, is not presently in Act floreana) as endangered species, and we danger of extinction, but is likely to proposed to list the Banggai cardinalfish become so in the foreseeable future (that AGENCY: National Marine Fisheries (Pterapogon kauderni) and Harrisson’s is, at a later time). In other words, the Service (NMFS), National Oceanic and dogfish (Centrophorus harrissoni) as primary statutory difference between a Atmospheric Administration (NOAA), threatened species (79 FR 74953). We threatened and endangered species is Commerce. requested public comment on the timing of when a species may be in ACTION: Final rule. information in the status reviews and danger of extinction, either presently proposed rule, and the comment period (endangered) or in the foreseeable future SUMMARY: We, NMFS, issue a final rule was open through February 17, 2015. (threatened). to list three foreign corals and the dusky This final rule provides a discussion of Section 4(a)(1) of the ESA requires us sea snake under the Endangered Species the information we received during the to determine whether any species is Act (ESA). We considered comments public comment period and our final endangered or threatened due to any submitted on the proposed listing rule determination on the petition to list the one or a combination of the following and have determined that the three three foreign corals (Cantharellus five threat factors: The present or foreign corals (Cantharellus noumeae, noumeae, Siderastrea glynni, and threatened destruction, modification, or Siderastrea glynni, and Tubastraea Tubastraea floreana) and the dusky sea curtailment of its habitat or range; floreana) and the dusky sea snake snake (Aipysurus fuscus) under the overutilization for commercial, (Aipysurus fuscus) should be listed as ESA. Our final determinations for the recreational, scientific, or educational endangered species. We will not other species proposed for listing in the purposes; disease or predation; the designate critical habitat for any of the December 16, 2014, proposed rule (79 inadequacy of existing regulatory species because the geographical areas FR 74953; Banggai cardinalfish mechanisms; or other natural or occupied by these species are entirely (Pterapogon kauderni) and Harrisson’s manmade factors affecting its continued outside U.S. jurisdiction, and we have dogfish (Centrophorus harrissoni)) will existence. We are also required to make not identified any unoccupied areas be made in a subsequent rule. The status listing determinations based solely on within U.S. jurisdiction that are of the findings and relevant Federal the best scientific and commercial data currently essential to the conservation Register notices for those and the other available, after conducting a review of of any of these species. 21 species can be found on our Web site the species’ status and after taking into DATES: This final rule is effective at http://www.nmfs.noaa.gov/pr/ account efforts being made by any state November 6, 2015. species/petition81.htm. or foreign nation to protect the species. ADDRESSES: Chief, Endangered Species We are responsible for determining In making a listing determination, we Division, NMFS Office of Protected whether species are threatened or first determine whether a petitioned Resources (F/PR3), 1315 East West endangered under the ESA (16 U.S.C. species meets the ESA definition of a Highway, Silver Spring, MD 20910, 1531 et seq.). To make this ‘‘species.’’ Next, using the best available USA. determination, we consider first information gathered during the status VerDate Sep<11>2014 17:26 Oct 06, 2015 Jkt 238001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM 07OCR1 asabaliauskas on DSK5VPTVN1PROD with RULES Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations 60561 review for the species, we complete a recovery of listed species and that reef Response: We understand that status and extinction risk assessment. In aquarists are a potential partner. We Symbodinium trenchii and assessing extinction risk for these four will look for opportunities to partner Symbodinium goreauii also occur in species, we considered the demographic with parties interested in the recovery of other regions of the Pacific as symbionts viability factors developed by McElhany these species. with other coral species. We are also et al. (2000) and the risk matrix Comment 2: One commenter focused aware that the strain of Symbodinium approach developed by Wainwright and on the threat of carbon dioxide trenchii occurring in S. glynni also Kope (1999) to organize and summarize emissions and climate change. They occurs in Caribbean corals, including extinction risk considerations. The claimed we, and the Departments of species of Siderastrea (Pettay et al., approach of considering demographic Commerce and Interior, should develop 2015). According to Guzman (personal risk factors to help frame the a National Climate Recovery Plan to communication (the person who consideration of extinction risk has been protect a wide variety of resources and described S. glynni)), the research for used in many of our status reviews, that we should define adverse the original description of S. glynni including for Pacific salmonids, Pacific modification under section 7 of the ESA found that the species was more closely hake, walleye pollock, Pacific cod, for these proposed species. This related to a fossil species from Baja Puget Sound rockfishes, Pacific herring, commenter also requested we designate California, Mexico than to the Caribbean scalloped hammerhead sharks, and critical habitat for these species and S. siderea. If S. glynni has a long history black abalone (see http:// suggested we alter our conclusion to say in the eastern Pacific as some of the data www.nmfs.noaa.gov/pr/species/ for with certainty that each of the three suggest (Forsman et al., 2005), it could links to these reviews). In this approach, coral species is definitively threatened have been the source of, or another host the collective condition of individual by climate change, ocean warming, and for, the strain of Symbodinium trenchii populations is considered at the species sea level rise, and alter our discussion that recently entered the Caribbean Sea. level according to four demographic of regulatory mechanisms and the Alternatively, a Caribbean Siderastrea viability factors: Abundance, growth effects of listing as a result. siderea could have recently invaded the rate/productivity, spatial structure/ Response: We note that action to eastern Pacific through the Panama connectivity, and diversity. These develop a National Climate Recovery Canal after the evolution of the viability factors reflect concepts that are Plan is not part of the determination for Caribbean strain of Symbodinium well-founded
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