60560 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations

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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

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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 in conservation biology listing that is the subject of this action trenchii. Under this scenario then, S. and that individually and collectively and thus cannot be considered further glynni would not be a unique species provide strong indicators of extinction here. As we noted in the proposed rule, (Forsman et al., 2005). The direction risk. we cannot designate critical habitat for and timing of movement of the strain of We then assess efforts being made to these species, as their range is entirely Symbodinium trenchii that occurs in S. outside U.S. jurisdiction and we have protect the species, to determine if these glynni across the Isthmus of Panama no evidence that unoccupied areas conservation efforts are adequate to between the Caribbean Sea and the within our jurisdiction are necessary for mitigate the existing threats. Section eastern Pacific Ocean is thus uncertain, the conservation of any of the species. 4(b)(1)(A) of the ESA requires the and the data on these symbionts may Because we cannot designate critical Secretary, when making a listing not be adequate to definitely distinguish habitat for these species, we have no determination for a species, to take into among the competing hypotheses for the reason to define adverse modification of consideration those efforts, if any, being origin and taxonomy of S. glynni. critical habitat under Section 7 of the made by any State or foreign nation to Guzman (personal communication) is ESA for these corals. The commenter protect the species. skeptical that the symbiont data provided no species-specific Summary of Comments information on climate change-related provided by the commenter provides In response to our request for threats, so we cannot change our definitive evidence regarding the comments on the proposed rule, we conclusion that habitat modification taxonomic status of the species. We received three comments on the three resulting from climate change is a agree, and thus decline to alter the foreign corals, and the Australian potential threat to all three species of existing published taxonomy of the Government Department of the coral. Similarly, based on the same lack species. Environment submitted a letter neither of new species-specific information, we Status Reviews supporting nor opposing our proposed cannot change our discussion of the listing of the dusky sea snake. The letter adequacy of regulatory mechanisms to Status reviews for the petitioned stated that the dusky sea snake is listed address these threats or the likely effects species addressed in this finding were under Australia’s Environment of listing. conducted by NMFS staff. Separate draft Protection and Biodiversity Comment 3: A researcher provided status reviews were completed for Conservation Act, and thus it is information on studies of the symbiotic dusky sea snake (Manning, 2014), and currently illegal to kill, injure, take or Symbodinium algae residing in five the three foreign corals (Meadows, trade dusky sea snakes. Because this specimens of Siderastrea glynni. This 2014). In order to complete the status information was acknowledged and researcher claims to have identified two reviews, we compiled information on considered in our status review, this symbiont species in S. glynni, the species’ biology, ecology, life information did not affect the proposal Symbodinium goreauii and history, threats, and conservation status to list the species as endangered under Symbodinium trenchii. The researcher from information contained in the the ESA. Three parties commented on believes there is evidence that the petition, our files, a comprehensive the three corals. Symbodinium trenchii occurring in S. literature search, and consultation with Comment 1: One commenter glynni is of Caribbean origin and experts. We also considered information suggested active outside involvement in suggests this provides evidence that S. submitted by the public and peer the recovery of the species, including glynni is from an introduction of reviewers. Prior to publication of the partnerships with reef aquarists. Siderastrea siderea to the eastern Pacific proposed rule, all status reviews were Response: We agree with the and is not some kind of separate rare subjected to peer review. Peer reviewer commenter that partnerships enhance endemic species. comments are available at http://

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www.cio.noaa.gov/services_programs/ Conservation Efforts Effects of Listing prplans/PRsummaries.html. Finally, we considered conservation Conservation measures provided for The status review reports provide a efforts to protect each species and species listed as endangered or thorough discussion of life history, evaluated whether these conservation threatened under the ESA include demographic risks, and threats to the efforts are adequate to mitigate the recovery actions (16 U.S.C. 1533(f)); particular species. We considered all existing threats to the point where Federal agency requirements to consult identified threats, both individually and extinction risk is significantly lowered with NMFS under section 7 of the ESA cumulatively, to determine whether the and the species’ status is improved. to ensure their actions do not jeopardize species responds in a way that causes None of the information we received the species or result in adverse actual impacts at the species level. The from public comment on the proposed modification or destruction of critical collective condition of individual rule affected any of our discussion or habitat should it be designated (16 populations was also considered at the conclusions regarding conservation U.S.C. 1536); designation of critical species level, according to the four efforts to protect the dusky sea snake or habitat if prudent and determinable (16 demographic viability factors discussed the three foreign coral species, so we U.S.C. 1533(a)(3)(A)); and prohibitions above. incorporate the discussion of these on taking (16 U.S.C. 1538). In addition, The proposed rule (79 FR 74953, efforts from the proposed rule (79 FR recognition of the species’ plight December 16, 2014) summarizes general 74953, December 16, 2014) by reference through listing promotes conservation background information on the species’ herein. actions by Federal and state agencies, natural history, range, reproduction, foreign entities, private groups, and population structure, distribution and Final Determination individuals. Because the ranges of these abundance; none of which has changed four species are entirely outside U.S. We have reviewed the best available since the proposed rule. All of that jurisdiction, the main effects of these scientific and commercial information, information is incorporated herein by endangered listings are prohibitions on including the petition, the information reference. export and import. in the status review reports, public Species Determinations comment, and the comments of peer Identifying Section 7 Consultation reviewers. Based on the best available Requirements Based on the best available scientific information, we find that the dusky sea and commercial information described snake (Aipysurus fuscus) and the three Section 7(a)(2) (16 U.S.C. 1536(a)(2)) above and in the status review reports, foreign corals (Cantharellus noumeae, of the ESA and NMFS/USFWS we have determined that the dusky sea Siderastrea glynni, and Tubastraea regulations require Federal agencies to snake (Aipysurus fuscus) and the three floreana) are in danger of extinction consult with us to ensure that activities foreign corals (Cantharellus noumeae, throughout all of their ranges. We they authorize, fund, or carry out are not Siderastrea glynni, and Tubastraea assessed the ESA section 4(a)(1) factors likely to jeopardize the continued floreana) are taxonomically-distinct and demographic risk factors and existence of listed species or destroy or species and therefore meet the conclude that the dusky sea snake is at adversely modify critical habitat. It is definition of ‘‘species’’ pursuant to very low and declining abundance, has unlikely that the listing of these species section 3 of the ESA and are eligible for a very restricted range and a presumed under the ESA will increase the number listing under the ESA. low rate of dispersal, and is of section 7 consultations, because these Summary of Threat Factors Affecting experiencing high rates of hybridization species occur entirely outside of the the Four Species throughout its range. We also conclude United States and are unlikely to be that Cantharellus noumeae has a small, affected by Federal actions. Next we consider whether any one or restricted range, likely low growth rate Critical Habitat a combination of the five threat factors and genetic diversity, and may be specified in section 4(a)(1) of the ESA threatened by development, water Critical habitat is defined in section 3 contribute to the extinction risk of these pollution, sedimentation, heavy metals, of the ESA (16 U.S.C. 1532(5)) as: (1) species. None of the information we and potential illegal activities. The specific areas within the received from public comment on the Siderastrea glynni is affected by the lack geographical area occupied by a species, proposed rule affected any of our of known populations in the wild, a at the time it is listed in accordance discussion or conclusions regarding any small captive population in a single with the ESA, on which are found those of the section 4(a)(1) factors or their location, likely low growth rates and physical or biological features (a) interactions for these species, so we genetic diversity, and potential essential to the conservation of the incorporate the discussion of these increased threats from El Nin˜ o, climate species and (b) that may require special factors from the proposed rule (79 FR change, disease, habitat degradation and management considerations or 74953, December 16, 2014) by reference other development (should the species protection; and (2) specific areas outside herein. be reintroduced to Panama). Tubastraea the geographical area occupied by a Extinction Risk floreana is affected by a small, restricted species at the time it is listed upon a range, documented declines, likely low determination that such areas are None of the information we received levels of genetic diversity, and threats essential for the conservation of the from public comment on the proposed from El Nin˜ o, climate change, species. Section 4(a)(3)(A) of the ESA rule affected our extinction risk development, and illegal activities. (16 U.S.C. 1533(a)(3)(A)) requires that, evaluations of these four species. As After considering efforts being made to to the extent prudent and determinable, such, our evaluations for these species protect each of these species, we could critical habitat be designated remain the same as in the status review not conclude that the existing or concurrently with the listing of a reports and the discussion in the proposed conservation efforts would species. However, critical habitat shall proposed rule (79 FR 74953, December alter the extinction risk for any of these not be designated in foreign countries or 16, 2014), and that discussion is species. Therefore, we are listing each of other areas outside U.S. jurisdiction (50 incorporated herein by reference. these species as endangered. CFR 424.12(h)).

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The best available scientific and (3) Selling or offering for sale in (i.e., held in a controlled environment at commercial data as discussed above interstate or foreign commerce any the time of listing, in a non-commercial identify the geographical areas occupied individual or part; activity); by Aipysurus fuscus, Cantharellus (4) Importing or exporting any (3) Continued possession of live noumeae, Siderastrea glynni, and individual or part; corals or dusky sea snakes that were in Tubastraea floreana as being entirely (5) Releasing captive animals into the captivity or in a controlled environment outside U.S. jurisdiction, so we cannot wild without a permit issued under (e.g., in aquaria) at the time of this designate occupied critical habitat for section 10(a)(1)(A). Although animals listing, so long as the prohibitions under these species. We can designate critical held non-commercially in captivity at ESA section 9(a)(1) are not violated. habitat in areas in the United States the time of listing are exempt from the Facilities must provide evidence that currently unoccupied by the species, if prohibitions of import and export, the the animals were in captivity or in a the area(s) are determined by the individual animals are considered listed controlled environment prior to listing. Secretary to be essential for the and afforded most of the protections of We suggest such facilities submit conservation of the species. Based on the ESA, including most importantly, information to us on the animals in their the best available information, we have the prohibition against injuring or possession (e.g., size, age, description of not identified unoccupied area(s) in killing. Release of a captive animal has animals, and the source and date of U.S. water that are currently essential to the potential to injure or kill the animal. acquisition) to establish their claim of the conservation of any of these four Of an even greater conservation possession (see FOR FURTHER species. Therefore, based on the concern, the release of a captive animal INFORMATION CONTACT); and available information, we do not has the potential to affect wild (4) Provision of care for live corals or designate critical habitat for Aipysurus populations through introduction of dusky sea snakes that were in captivity fuscus, Cantharellus noumeae, diseases or inappropriate genetic at the time of listing. These individuals Siderastrea glynni, or Tubastraea mixing; and are still protected under the ESA and floreana. (6) Harming captive animals by, may not be killed or injured, or among other things, injuring or killing a otherwise harmed, and, therefore, must Identification of Those Activities That captive animal, through experimental or receive proper care. Normal care of Would Likely Constitute a Violation of potentially injurious care or conducting captive animals necessarily entails Section 9 of the ESA research or sexual breeding activities on handling or other manipulation of the On July 1, 1994, NMFS and FWS captive animals, outside the bounds of animals, and we do not consider such published a policy (59 FR 34272) that normal animal husbandry practices. activities to constitute take or requires us to identify, to the maximum Captive sexual breeding of corals is harassment of the animals so long as extent practicable at the time a species considered potentially injurious. adequate care, including veterinary care, when such practices, procedures, or is listed, those activities that would or Furthermore, the production of coral provisions are not likely to result in would not likely constitute a violation progeny has conservation implications (both positive and negative) for wild injury, is provided. of section 9 of the ESA. Because we are Section 11(f) of the ESA gives NMFS listing the dusky sea snake and the three populations. Experimental or potentially injurious care or procedures authority to promulgate regulations that foreign corals as endangered, all of the may be appropriate to enforce the ESA. prohibitions of section 9(a)(1) of the and research or sexual breeding activities of corals or dusky sea snake NMFS may promulgate future ESA will apply to these species. These regulations, including to regulate include prohibitions against the import, may, depending on the circumstances, be authorized under an ESA section holding of these species, if necessary. export, use in foreign commerce, or NMFS will provide the public with the ‘‘take’’ of the species. These 10(a)(1)(A) permit for scientific research or the enhancement of the propagation opportunity to comment on future prohibitions apply to all persons subject proposed regulations. to the jurisdiction of the United States, or survival of the species. including in the United States, its Identification of Those Activities That Revisions to the NMFS Lists territorial sea, or on the high seas. Take Would Not Likely Constitute a Violation We revise and add table subheadings is defined as ‘‘to harass, harm, pursue, of Section 9 of the ESA in the Code of Federal Regulations to hunt, shoot, wound, kill, trap, capture, Although the determination of accommodate these new listings in our or collect, or to attempt to engage in any whether any given activity constitutes a list of endangered species at 50 CFR such conduct.’’ The intent of this policy violation is fact dependent, we consider 224.101 and revisions to the table is to increase public awareness of the the following actions, depending on the subheadings for our list of threatened effects of this listing on proposed and circumstances, as being unlikely to species at 50 CFR 223.102. We add the ongoing activities within the species’ violate the prohibitions in ESA section subheading ‘‘Corals’’ to our table at 50 ranges. Activities that we believe could 9: CFR 224.101. This subheading has (subject to the exemptions set forth in (1) Take authorized by, and carried already been added to our table at 50 16 U.S.C. 1539) result in a violation of out in accordance with the terms and CFR 223.102 in a previous rulemaking section 9 prohibitions for these species conditions of, an ESA section (79 FR 20802; April 14, 2014). We are include, but are not limited to, the 10(a)(1)(A) permit issued by NMFS for revising the subheading of ‘‘Sea Turtles’’ following: purposes of scientific research or the in the endangered species table at 50 (1) Possessing, delivering, enhancement of the propagation or CFR 224.101 and the threatened species transporting, or shipping any individual survival of the species; table at 50 CFR 223.102 by changing the or part (dead or alive) taken in violation (2) Continued possession of parts that subheading to ‘‘Reptiles.’’ This new of section 9(a)(1); were in possession at the time of listing. subheading will encompass all currently (2) Delivering, receiving, carrying, Such parts may be non-commercially listed sea turtles as well as other marine transporting, or shipping in interstate or exported or imported; however the reptiles like the dusky sea snake. These foreign commerce any individual or importer or exporter must be able to revisions and addition are not part, in the course of a commercial provide evidence to show that the parts substantive changes, but having these activity; meet the criteria of ESA section 9(b)(1) headings will help the public identify

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and locate species of interest in a more economic impacts cannot be considered Dated: September 30, 2015. efficient manner. when assessing the status of a species. Samuel D. Rauch, III, References Therefore, the economic analysis Deputy Assistant Administrator for requirements of the Regulatory Regulatory Programs, National Marine A complete list of the references used Flexibility Act are not applicable to the Fisheries Service. in this final rule is available upon listing process. In addition, this final request (see ADDRESSES). For the reasons set out in the rule is exempt from review under preamble, 50 CFR parts 223 and 224 are Classification Executive Order 12866. This final rule amended as follows: National Environmental Policy Act does not contain a collection-of- information requirement for the PART 223—THREATENED MARINE The 1982 amendments to the ESA, in purposes of the Paperwork Reduction AND ANADROMOUS SPECIES section 4(b)(1)(A), restrict the Act. information that may be considered ■ 1. The authority citation for part 223 when assessing species for listing. Based Executive Order 13132, Federalism continues to read as follows: on this limitation of criteria for a listing Authority: 16 U.S.C. 1531–1543; subpart B, decision and the opinion in Pacific In accordance with E.O. 13132, we determined that this final rule does not §§ 223.201 and 223.202 also issued under 16 Legal Foundation v. Andrus, 675 F. 2d U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for 825 (6th Cir. 1981), NMFS has have significant Federalism effects and § 223.206(d)(9). concluded that ESA listing actions are that a Federalism assessment is not not subject to the environmental required. ■ 2. In § 223.102, amend the table in assessment requirements of the National paragraph (e) by removing the table List of Subjects in 50 CFR Parts 223 and Environmental Policy Act (NEPA) (See subheading ‘‘Sea Turtles 2’’ and adding NOAA Administrative Order 216–6). 224 in its place ‘‘Reptiles 2’’ to read as follows: Executive Order 12866, Regulatory Administrative practice and Flexibility Act, and Paperwork procedure, Endangered and threatened § 223.102 Enumeration of threatened Reduction Act species, Exports, Imports, Reporting and marine and anadromous species. As noted in the Conference Report on record keeping requirements, * * * * * the 1982 amendments to the ESA, Transportation. (e) * * *

Species 1 Citation(s) for listing Critical Description of determination(s) habitat ESA rules Common name Scientific name listed entity

******* REPTILES 2

******* 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). 2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is limited to turtles while in the water.

* * * * * ■ 4. In § 224.101, paragraph (h), amend ■ D. Adding entries for three species of the table by: coral in alphabetical order by scientific PART 224—ENDANGERED MARINE ■ A. Removing the table subheading name under the ‘‘Corals’’ table AND ANADROMOUS SPECIES ‘‘Sea Turtles 2’’ and adding in its place subheading. ‘‘Reptiles 2’’; The additions read as follows: ■ 3. The authority citation for part 224 ■ B. Adding an entry for ‘‘dusky sea continues to read as follows: snake’’ in alphabetical order under the § 224.101 Enumeration of endangered new ‘‘Reptiles 2’’ table subheading; marine and anadromous species. Authority: 16 U.S.C. 1531–1543 and 16 ■ C. Adding a ‘‘Corals’’ table U.S.C. 1361 et seq. subheading to follow the ‘‘Molluscs’’ * * * * * table subheading; and (h) * * *

Species 1 Citation(s) for listing Critical Description of listed determination(s) habitat ESA rules Common name Scientific name entity

*******

REPTILES 2

Sea snake, dusky ...... Aipysurus fuscus ...... Entire species ...... [Insert Federal Register ci- NA NA tation and date].

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Species 1 Citation(s) for listing Critical Description of listed determination(s) habitat ESA rules Common name Scientific name entity

*******

MOLLUSCS

*******

CORALS

Coral, [no common name] ..... Cantharellus noumeae Entire species ...... [Insert Federal Register cita- NA NA tion and date]. Coral, [no common name] ..... Siderastrea glynni ...... Entire species ...... [Insert Federal Register cita- NA NA tion and date]. Coral, [no common name] ..... Tubastraea floreana .... Entire species ...... [Insert Federal Register cita- NA NA. tion and date]. 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). 2 Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service, is limited to turtles while in the water.

* * * * * DATES: This correction is effective Additionally, the proposed and final [FR Doc. 2015–25484 Filed 10–6–15; 8:45 am] October 7, 2015. rules for Amendment 8 incorrectly BILLING CODE 3510–22–P FOR FURTHER INFORMATION CONTACT: described the gear stowage provisions Karla Gore, 727–824–5305; email: for vessels transiting the Oculina Bank [email protected]. HAPC with rock shrimp onboard. The DEPARTMENT OF COMMERCE regulatory text in the Amendment 8 SUPPLEMENTARY INFORMATION: On July final rule in § 622.224(b)(1)(i)(C) states National Oceanic and Atmospheric 17, 2015, NMFS published a final rule that appropriate stowage for shrimp Administration in the Federal Register (80 FR 42423) to trawl fishing gear includes the trawl implement provisions for Amendment doors and nets being out of the water 50 CFR Part 622 8, that expands portions of the northern and onboard the vessel deck or below [Docket No. 150626556–5886–02] and western boundaries of the Oculina deck. However, as described in the Bank HAPC and allows transit through Amendment 8, the correct gear stowage RIN 0648–BD81 the Oculina Bank HAPC by fishing for the trawl doors and nets is to have vessels with rock shrimp onboard; Fisheries of the Caribbean, Gulf of the doors and nets out of the water. modifies vessel monitoring systems Requiring the trawl doors and nets to be Mexico, and South Atlantic; Coral, (VMS) requirements for rock shrimp Coral Reefs, and Live/Hard Bottom on deck was contrary to the intent of the fishermen transiting through the South Atlantic Fishery Management Habitats of the South Atlantic Region; Oculina Bank HAPC; expands a portion Amendment 8; Correction Council (Council) and not consistent of the western boundary of the Stetson with Amendment 8. AGENCY: National Marine Fisheries Reefs, Savannah and East Florida This notification corrects the table in Service (NMFS), National Oceanic and Lithotherms, and Miami Terrace § 622.224(b)(1) with the correct Atmospheric Administration (NOAA), Deepwater Coral HAPC (Stetson-Miami coordinates and corrects the gear Commerce. Terrace CHAPC), including stowage language in § 622.224(b)(1)(i)(C) modifications to shrimp access area 1; ACTION: Final rule; correcting by incorporating the necessary language amendment. and expands a portion of the northern from Amendment 8 back into the boundary of the Cape Lookout CHAPC. regulations. SUMMARY: NMFS corrects the final rule The purpose of the final rule is to that implemented management increase protection for deepwater coral Correction measures described in Amendment 8 to based on new information for deepwater As published, the final rule for the Fishery Management Plan for Coral, coral resources in the South Atlantic. Amendment 8, published on July 17, Coral Reefs, and Live/Hard Bottom The final rule was effective August 17, 2015 (80 FR 42423), incorrectly listed Habitats of the South Atlantic Region 2015. three waypoints for the Oculina Bank (FMP)(Amendment 8), which published The regulatory text in the Amendment HAPC and incorrectly described gear in the Federal Register on July 17, 2015. 8 final rule in § 622.224(b)(1) contains stowage language for vessels transiting The Amendment 8 final rule contained three waypoints that were incorrectly the area. Coordinates are added to some incorrect waypoints for the listed for describing the Oculina Bank § 622.224(b)(1) and language is revised Oculina Bank Habitat Area of Particular HAPC. These waypoints were correctly in § 622.224(b)(1)(i)(C) to correct these Concern (HAPC)(Oculina Bank HAPC) identified in Amendment 8 but were errors. as well as incorrect language regarding incorrectly converted to the coordinate the gear stowage requirements for format used for the proposed and final Classification vessels with rock shrimp onboard rules for Amendment 8. The incorrect The Regional Administrator, transiting through the Oculina Bank waypoints are the origin point and Southeast Region, NMFS has HAPC. The purpose of this correcting points 7 and 8 for the Oculina Bank determined that this correcting amendment is to fix these errors. HAPC. amendment is necessary for the

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