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Federal Register/Vol. 79, No. 170/Wednesday, September 3, 2014/Proposed Rules 52276 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Proposed Rules authorizing the changes by direct final DEPARTMENT OF COMMERCE damselfish (Chromis viridis), and rule. EPA did not make a proposal prior blackbar devil or Dick’s damselfish to the direct final rule because we National Oceanic and Atmospheric (Plectroglyphidodon dickii). believe this action is not controversial Administration DATES: Information and comments on and do not expect comments that the subject action must be received by oppose it. We have explained the 50 CFR Part 223 November 3, 2014. reasons for this authorization in the [Docket No. 130718637–3637–01] ADDRESSES: You may submit comments, preamble to the direct final rule. Unless information, or data on this document, RIN 0648–XC775 we get written comments which oppose identified by the code NOAA–NMFS– this authorization during the comment Endangered and Threatened Wildlife; 2014–0072, by any of the following period, the direct final rule will become methods: 90-Day Finding on a Petition To List • effective on the date it establishes, and Seven Indo-Pacific Species of Electronic Submissions: Submit all we will not take further action on this Pomacentrid Reef Fish as Threatened electronic comments via the Federal proposal. If we receive comments that or Endangered Under the Endangered eRulemaking Portal. Go to oppose this action, we will withdraw Species Act www.regulations.gov/ the direct final rule and it will not take #!docketDetail;D=NOAA-NMFS-2014- effect. We will then respond to public AGENCY: National Marine Fisheries 0072, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter comments in a later final rule based on Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), or attach your comments. this proposal. You may not have another Department of Commerce. • Mail: Submit written comments to opportunity for comment. If you want to Regulatory Branch Chief, Protected comment on this action, you must do so ACTION: Notice of 90-day petition finding, request for information. Resources Division, Pacific Islands at this time. Regional Office, NMFS Protected DATES: Send your written comments by SUMMARY: We (NMFS) announce a 90- Resources Division, 1845 Wasp Blvd., October 3, 2014. day finding on seven Indo-Pacific Building 176, Honolulu, HI 96818. species included in a petition to list Instructions: Comments sent by any ADDRESSES: Send written comments to eight species of pomacentrid reef fish as other method, to any other address or Alima Patterson, Region 6, Regional threatened or endangered under the individual, or received after the end of Authorization Coordinator, (6PD–O), Endangered Species Act (ESA). These the comment period, may not be Multimedia Planning and Permitting are the orange clownfish (Amphiprion considered by us. All comments Division, at the address shown below. percula) and six other damselfishes: The received are a part of the public record You can examine copies of the materials Hawaiian dascyllus (Dascyllus and will generally be posted for public submitted by the State of Texas during albisella), blue-eyed damselfish viewing on www.regulations.gov normal business hours at the following (Plectroglyphidodon johnstonianus), without change. All personal identifying locations: EPA Region 6, 1445 Ross black-axil chromis (Chromis information (e.g., name, address, etc.), Avenue, Dallas, Texas 75202–2733, atripectoralis), blue-green damselfish confidential business information, or phone number (214) 665–8533; or Texas (Chromis viridis), reticulated damselfish otherwise sensitive information Commission on Environmental Quality, (Dascyllus reticulatus), and blackbar submitted voluntarily by the sender will (TCEQ) 12100 Park S. Circle, and devil or Dick’s damselfish be publicly accessible. We will accept Austin, Texas 78753–3087, (512) 239– (Plectroglyphidodon dickii). Another of anonymous comments (enter ‘‘N/A’’ in 6079. Comments may also be submitted our regional offices is leading the the required fields if you wish to remain electronically or through hand delivery/ response to the petition to list the anonymous), although submitting comments anonymously will prevent us courier; please follow the detailed yellowtail damselfish (Microspathodon from contacting you if we have instructions in the ADDRESSES section of chrysurus) and a separate 90-day finding difficulty retrieving your submission. the direct final rule which is located in will be issued later for this species. We find that the petition presents Attachments to electronic comments the Rules section of this Federal substantial information indicating that will be accepted in Microsoft Word, Register. the petitioned action may be warranted Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: for the orange clownfish (Amphiprion Copies of the petition and references Alima Patterson (214) 665–8533. percula). We will conduct a status are available upon request from the review for this species to determine if Regulatory Branch Chief, Protected SUPPLEMENTARY INFORMATION: For the petitioned action is warranted. To Resources Division, Pacific Islands additional information, please see the ensure that the status review is Regional Office, NMFS Protected direct final rule published in the ‘‘Rules comprehensive, we are soliciting Resources Division, 1845 Wasp Blvd., and Regulations’’ section of this Federal scientific and commercial information Building 176, Honolulu, HI 96818, or Register. pertaining to Amphiprion percula from online at: http://www.fpir.noaa.gov/ PRD/prd_esa_section_4.html. Dated: August 5, 2014. any interested party. We find that the petition fails to present substantial FOR FURTHER INFORMATION CONTACT: Jean Ron Curry, scientific or commercial information Higgins, NMFS Pacific Islands Regional Regional Administrator, Region 6. indicating that the petitioned action Office, 808–725–5151. [FR Doc. 2014–20788 Filed 9–2–14; 8:45 am] may be warranted for the remaining six SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P petitioned Indo-Pacific species: The Hawaiian dascyllus (Dascyllus Background albisella), reticulated damselfish On September 14, 2012, we received (Dascyllus reticulatus), blue-eyed a petition from the Center for Biological damselfish (Plectroglyphidodon Diversity to list eight species of johnstonianus), black-axil chromis pomacentrid reef fish as threatened or (Chromis atripectoralis), blue-green endangered under the ESA and to VerDate Mar<15>2010 16:15 Sep 02, 2014 Jkt 232001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\03SEP1.SGM 03SEP1 emcdonald on DSK67QTVN1PROD with PROPOSALS Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Proposed Rules 52277 designate critical habitat for these which is defined to also include day finding stage, in making a species concurrent with the listing. The subspecies and, for any vertebrate determination whether a petitioned species are the orange clownfish species, any distinct population action ‘‘may be’’ warranted. As a general (Amphiprion percula) and seven other segment (DPS) that interbreeds when matter, these decisions hold that a damselfishes: The yellowtail damselfish mature (16 U.S.C. 1532(16)). A joint petition need not establish a ‘‘strong (Microspathodon chrysurus), Hawaiian NMFS and U.S. Fish and Wildlife likelihood’’ or a ‘‘high probability’’ that dascyllus (Dascyllus albisella), blue- Service (USFWS) policy clarifies the a species is either threatened or eyed damselfish (Plectroglyphidodon agencies’ interpretation of the phrase endangered to support a positive 90-day johnstonianus), black-axil chromis ‘‘distinct population segment’’ for the finding. (Chromis atripectoralis), blue-green purposes of listing, delisting, and At the 90-day stage, we evaluate the damselfish (Chromis viridis), reticulated reclassifying a species under the ESA petitioner’s request based upon the damselfish (Dascyllus reticulatus), and (‘‘DPS Policy’’; 61 FR 4722; February 7, information in the petition including its blackbar devil or Dick’s damselfish 1996). A species, subspecies, or DPS is references, and the information readily (Plectroglyphidodon dickii). Copies of ‘‘endangered’’ if it is in danger of available in our files. We do not conduct this petition are available from us online extinction throughout all or a significant additional research, and we do not (http://www.nmfs.noaa.gov/pr/species/ portion of its range, and ‘‘threatened’’ if solicit information from parties outside petitions/pomacentrid_reef_fish_ it is likely to become endangered within the agency to help us in evaluating the petition_2012.pdf) or by mail (see the foreseeable future throughout all or petition. We will accept the petitioner’s ADDRESSES, above). Given the a significant portion of its range (ESA sources and characterizations of the geographic range of these species, we sections 3(6) and 3(20), respectively; 16 information presented, if they appear to divided our initial response to the U.S.C. 1532(6) and (20)). Pursuant to the be based on accepted scientific petition between our Southeast Regional ESA and our implementing regulations, principles, unless we have specific Office (SERO) and Pacific Islands the determination of whether a species information in our files that indicates Regional Office (PIRO). PIRO led the is threatened or endangered shall be the petition’s information is incorrect, response for the seven Indo-Pacific based on any one or a combination of unreliable, obsolete, or otherwise
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