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DEPARTMENT OF COMMERCE 0131 click the ‘‘Comment Now’’ icon, Habitat Information Report: Basis and complete the required fields, and enter Impact Considerations of Critical National Oceanic and Atmospheric or attach your comments. Habitat Designations for Threatened Administration • Mail: Lance Smith, Protected Indo-Pacific Corals,’’ hereafter referred Resources Division, NMFS, Pacific to as the Draft Information Report 50 CFR Part 223 and 226 Islands Regional Office, NOAA Inouye (NMFS, 2019). This supporting [Docket No: 200918–0249] Regional Center, 1845 Wasp Blvd., Bldg. document is available at https:// 176, Honolulu, HI 96818. www.fisheries.noaa.gov/action/ RIN 0648–BJ52 Instructions: You must submit proposed-rule-designate-critical-habitat- comments by one of the previously threatened-indo-pacific-corals, at Endangered and Threatened Species; described methods to ensure that we www.regulations.gov, or upon request Critical Habitat for the Threatened receive, document, and consider them. (see FOR FURTHER INFORMATION CONTACT). Indo-Pacific Corals Comments sent by any other method, to Background AGENCY: National Marine Fisheries any other address or individual, or Service (NMFS), National Oceanic and received after the end of the comment We listed 20 coral species as Atmospheric Administration (NOAA), period, may not be considered. All threatened under the ESA on September 10, 2014 (79 FR 53851). Although 15 of Commerce. comments received are a part of the public record and will generally be the listed species occur in the Indo- ACTION: Proposed rule; request for Pacific, only 7 of the listed coral species comments. posted to http://www.regulations.gov without change. All Personal Identifying have been found in U.S. waters: A. SUMMARY: We, the National Marine Information (for example, name, globiceps, A. jacquelineae, A. retusa, A. Fisheries Service (NMFS), propose to address, etc.) voluntarily submitted by speciosa, E. paradivisa, I. crateriformis, designate critical habitat for the seven the commenter may be publicly and S. aculeata. These seven species threatened corals in U.S. waters in the accessible. Do not submit confidential have been found in the U.S. Indo-Pacific (Acropora globiceps, business information or otherwise jurisdictions of American Samoa, Guam, Acropora jacquelineae, Acropora retusa, sensitive or protected information. the Commonwealth of the Northern Acropora speciosa, Euphyllia NMFS will accept anonymous Mariana Islands (CNMI), and the Pacific paradivisa, Isopora crateriformis, and comments (enter ‘‘N/A’’ in the required Remote Island Area (PRIA). The final Seriatopora aculeata) pursuant to fields if you wish to remain listing determinations were based on the section 4 of the Endangered Species Act anonymous). best available information on a suite of demographic, spatial, and susceptibility (ESA). Seventeen specific occupied FOR FURTHER INFORMATION CONTACT: components that influence the species’ areas containing physical features Lance Smith, NMFS, Pacific Islands essential to the conservation of these vulnerability to extinction in the face of Regional Office, 808–725–5131, continuing threats over the foreseeable coral species are being proposed for [email protected]; or, Celeste Stout, future. All 20 listed species have designation as critical habitat; these NMFS, Office of Protected Resources, undergone some level of population areas contain approximately 600 square 301–427–8436, [email protected]. decline and are susceptible to multiple kilometers (km2; 230 square miles) of SUPPLEMENTARY INFORMATION: In threats, including: Ocean warming, marine habitat. We have considered accordance with section 4(b) of the ESA diseases, ocean acidification, ecological positive and negative economic, (16 U.S.C. 1533) and our implementing effects of fishing, and land-based national security, and other relevant regulations (50 CFR 424.12), this sources of pollution. We found that impacts of the proposed designations, proposed rule is based on the best aspects of the species’ demography and and we propose to exclude two areas scientific information available distribution buffer the effects of these from the critical habitat designations concerning the range, biology, habitat, threats. Although we have no due to anticipated impacts on national threats to the habitat, and conservation information that indicates that these security. We are soliciting comments objectives for the seven threatened species are currently in danger of from the public on all aspects of the corals in U.S. waters of the Indo-Pacific extinction, we determined that they all proposal, including our identification of (Acropora globiceps, A. jacquelineae, A. are likely to become endangered the geographical area and depths retusa, A. speciosa, Euphyllia throughout all of their ranges within the occupied by the species, the physical paradivisa, Isopora crateriformis, and foreseeable future as a result of a and biological feature essential to the Seriatopora aculeata). We reviewed the combination of threats, the most severe coral species’ conservation and available information and have used it of which are related to climate change. identification, areas not included and to identify physical and biological As such, we listed them as threatened. excluded, and consideration of impacts features essential to the conservation of The following proposed rule is based on of the proposed action. each coral, the specific areas within the our Draft Information Report and peer DATES: Comments on this proposal must occupied areas that contain the essential review comments on the report. All of be received by January 26, 2021. physical and biological features that the information that we used to make Public hearings: If requested, we will may require special management our determinations in this proposed rule hold at least one public hearing on this considerations or protections, the is contained in that report. The Draft proposed rule. Federal activities that may impact the Information Report is available at ADDRESSES: You may submit comments, physical or biological features or areas, https://www.fisheries.noaa.gov/action/ identified by the docket number and the potential impacts of designating proposed-rule-designate-critical-habitat- NOAA–NMFS–2016–0131, by any of the critical habitat for these seven Indo- threatened-indo-pacific-corals, at following methods: Pacific corals. The economic, national www.regulations.gov, or upon request • Electronic Submissions: Submit all security, and other relevant impacts of (see FOR FURTHER INFORMATION CONTACT). electronic public comments via the the proposed critical habitat Federal eRulemaking Portal. Go to designations for these coral species are Natural History www.regulations.gov/ described in the draft document titled, This section summarizes life history #!docketDetail;D=NOAA-NMFS-2016- ‘‘Endangered Species Act Critical and biological characteristics of Indo-

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Pacific reef-building corals to provide dinoflagellate genus Symbiodinium and produce colony-level clones varies by context for the identification of the provide nutrition to the host coral by species. For example, branching species physical and biological feature essential translocating fixed organic carbon and are much more likely than encrusting for the conservation of these species. In other nutrients. In return, they receive species to produce clones via this section, we cover several topic areas inorganic waste metabolites from host fragmentation; Brainard et al., 2011). including an introduction to reef- respiration as well as protection from Corals use a number of diverse building corals, as well as reproduction, grazing. This exchange of nutrients reproductive strategies that have been settlement and growth, coral habitat allows both partners to flourish and researched extensively; however, many types, and coral reef ecosystems. There helps the coral secrete the calcium individual species’ reproductive modes is little species-specific information carbonate that forms the skeletal remain poorly described. Most coral available on the life history, structure of the coral colony, which in species use both sexual and asexual reproductive biology, and ecology for turn contributes to the formation of the propagation. Sexual reproduction in the seven corals that occur in U.S. reef. Thus, reef-building corals are also corals is primarily through waters of the Indo-Pacific, because known as zooxanthellate corals. Some gametogenesis (i.e., development of eggs many of the several hundred Indo- corals do not contain zooxanthellae, and and sperm within the polyps). Some Pacific reef-building corals resemble one these species form much smaller coral species have separate sexes another, thus most investigations to date skeletons, and therefore are not (gonochoric), while others are have been at the genus level. We considered reef-building. The seven hermaphroditic. Strategies for provide specific information for each ESA-listed Indo-Pacific corals discussed fertilization are either by brooding species where possible. In addition, we in this proposed rule are zooxanthellate (internal fertilization) or broadcast provide general information on the species, and thus are reef-building, spawning (external fertilization). biology and ecology of the Indo-Pacific because they contain symbiotic algae in Asexual reproduction in coral species corals, highlighting traits that these their cells, enabling them to grow large most commonly involves fragmentation, seven corals share. The information skeletons that contribute to the physical by which colony pieces or fragments are below is largely summarized from the structure of coral reefs. dislodged from larger colonies and establish new colonies, although the final listing rule (79 FR 53851; Coral polyps can occur as free-living, budding of new polyps within a colony September 10, 2014), and it has been solitary polyps (e.g., fungiids) or as can also be considered asexual updated with the best available colonies of polyps, depending on the scientific information to date. The seven reproduction. In many species of species. Most reef-building coral species branching corals, fragmentation is a ESA-listed Indo-Pacific corals are reef- are colonial, producing colonies made building corals. Reef-building corals, in common and sometimes dominant up of dozens to thousands of polyps that means of propagation (79 FR 53852, the phylum Cnidaria, are marine are connected seamlessly through tissue invertebrates that occur as polyps. The September 10, 2014). and skeleton. In a colonial species, a Of the seven listed Indo-Pacific Cnidaria include true stony corals (class single larva will develop into a discrete species, A. retusa, A. globiceps, and A. Anthozoa, order Scleractinia), the blue unit (the primary polyp) that then jacquelineae are all hermaphroditic coral (class Anthozoa, order produces modular units of itself (i.e., spawners. The reproductive Helioporacea), and fire corals (class genetically-identical copies, or clones, characteristics of A. speciosa have not Hydrozoa, order Milleporina). These of the primary polyp, otherwise known yet been determined, but most other species secrete massive calcium as clones). Each polyp consists of a Acropora species are also carbonate skeletons that form the column with mouth and tentacles on the hermaphroditic spawners. Euphyllia physical structure of coral reefs. Reef- upper side growing on top of a calcium paradivisa’s reproductive mode is building coral species collectively carbonate skeleton, which the polyps unknown and other Euphyllia species produce coral reefs over time in high- produce through the process of exhibit a variety of reproductive growth conditions, but they also occur calcification. Colony growth is achieved characteristics, so it is unclear which is in non-reef habitats. That is, they are mainly through the addition of more most probable for the species. The reef-building, but not reef-dependent. cloned polyps. The colony can continue reproductive characteristics of I. About 90 percent of the world’s to exist even if numerous polyps die, or crateriformis and S. aculeata have also approximately 800 reef-building coral if the colony is broken apart or not been determined, but other similar species occur in the Indo-Pacific (Veron, otherwise damaged. The seven listed species of both Isopora and Seriatopora 2000). These unique animals contain Indo-Pacific corals are all colonial are simultaneous hermaphroditic symbiotic algae within their cells, they species, although polyp size, colony brooders. As for skeletal growth, there is produce clones of themselves by size, and colony morphology vary no species-specific information different means, and most of them occur considerably by species and also based available, but branching Acropora as colonies of polyps. Polyps are the on environmental variables in different species such as the four listed Acropora building blocks of colonies, and colony habitats. Colonies themselves can species are typically relatively fast- growth occurs both by increasing the produce clones, most commonly growing (Brainard et al., 2011). number of polyps, as well as extending through fragmentation or budding Coral larvae presumably experience the supporting skeleton under each (described in more detail below). Clones considerable mortality from predation polyp. can also be produced in some species by or other factors prior to settlement and Reef-building corals are able to grow asexual larvae or polyp bail-out (a rare metamorphosis. Such mortality cannot and thrive in the characteristically case when an individual polyp breaks be directly observed, but is inferred nutrient-poor environments of tropical away from the colony due to poor from the large number of eggs and and subtropical regions due to their environmental conditions and re-settles sperm spawned versus the much ability to form mutually beneficial elsewhere). The seven listed Indo- smaller number of recruits observed symbioses with unicellular Pacific corals are all clonal species, both later. Little is known concerning the photosynthetic algae (zooxanthellae) as colonies of cloned polyps, and with settlement patterns of planulae (free- living within the host coral’s tissues. the ability to produce clones of swimming larvae) of the listed Indo- Zooxanthellae belong to the individual colonies. The way they Pacific corals. In general, upon proper

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stimulation, coral larvae, whether Features Essential for Conservation non-reef habitats, provided that hard released from parental colonies or section. substrate and suitable water quality are developed in the water column external Shallow coral reefs are fragile present. The term ‘‘mesophotic habitat’’ to the parental colonies (like Acropora ecosystems that exist in a narrow band refers to hard substrates deeper than 30 spp.), settle and metamorphose on of environmental conditions that allow m. Shallow coral reefs, non-reef appropriate substrates. Biological and the skeletons of reef-building coral habitats, and mesophotic habitats are physical factors that have been shown to species to grow quickly enough for reef not necessarily sharply delineated from affect spatial and temporal patterns of accretion to outpace reef erosion. High- one another, thus one may gradually coral recruitment include substrate growth conditions for reef-building blend into another. The total area of availability and community structure, corals include clear, warm waters with non-reef and mesophotic habitats is grazing pressure, fecundity, mode and abundant light, and low levels of likely greater than the total area of timing of reproduction, behavior of nutrients, sediments, and freshwater. shallow coral reef habitats within the larvae, hurricane disturbance, physical The three broad categories of coral reefs ranges of the listed corals (79 FR 53852; are fringing reefs, barrier reefs, and oceanography, the structure of September 10, 2014). Despite the large atolls. Fringing reefs are mostly close to established coral assemblages, and amount of variability in habitats coastlines, and usually have a high chemical cues. Like most corals, the occupied by corals, they have several component of non-carbonate sediment. characteristics in common that provide listed Indo-Pacific corals require hard, Barrier reefs are offshore and are consolidated substrate, including the fundamental support necessary for composed of wave-resistant coral settlement and growth, including attached, dead coral skeleton, for their consolidated limestone. Atolls are larvae to settle. Algal growth limits the hard substrate and low-nutrient, clear usually a wall of reefs partially or water with good light penetration. amount of hard substrate available to completely enclosing a central lagoon. The seven listed Indo-Pacific species coral settlement, and a low nutrient There are not sharp differences that within U.S. waters vary in their environment is less conducive to algal clearly mark boundaries between reef recorded depth ranges and habitat types. growth. Once larvae are able to settle types. For example, fringing reefs Acropora globiceps occurs on upper reef onto appropriate hard substrate, gradually become barrier reefs with slopes, reef flats, and adjacent habitats. metabolic energy is diverted to colony increasing distance from shore. Also, In the final listing rule, the best growth and maintenance. the shape of both barrier reefs and atolls available information indicated this Reef-building corals combine calcium is largely determined by the bathymetry of the substratum, producing many species occurs in depths ranging from 0 and carbonate ions derived from to 8 meters (m). However, in 2015, we seawater into crystals that form their irregularly shaped reefs that are intermediary between the two types. learned that A. globiceps has been skeletons. Skeletal expansion rates vary observed in American Samoa at 11 m greatly by taxa, morphology, location, Isolated reefs that do not fit any of these descriptions are referred to as platform (Asili, Tutuila) and 18 m in the National habitat and other factors. For example, Park of American Samoa on the north in general, branching species (e.g., most reefs. Despite the differences between the reef categories, most fringing reefs, side of Tutuila (D. Fenner, pers. comm., Acropora species) have much higher 2015). Based on the new information, skeletal extension rates than massive barrier reefs, atolls, and platform reefs consist of a reef slope, a reef crest, and we consider the rangewide depth species (e.g., massive Porites species). distributions of A. globiceps to be 0 to The energy required to produce new a back-reef, which in turn are typically characterized by distinctive habitats. 20 m. Acropora jacquelineae is found in polyps and build calcium carbonate numerous subtidal reef slope and back- skeleton is provided by the symbiotic The characteristics of coral reef habitat vary greatly by reef categories, locations, reef habitats, including but not limited relationship corals have with to, lower reef slopes, walls and ledges, photosynthetic zooxanthellae. The latitudes, frequency of disturbance, etc., and there is also much variability mid-slopes, and upper reef slopes zooxanthellae require light to within each habitat type. Temporal protected from wave action, and its photosynthesize, thus lower water variability in coral habitat conditions is depth range is 10 to 35 m (D. Fenner, clarity (i.e., poor transparency) reduces also very high, both cyclically (e.g., from pers. comm. 2015). Acropora retusa the host coral’s energy, growth and tidal, seasonal, annual, and decadal occurs in shallow reef slope and back- survival by limiting the amount of light cycles) and episodically (e.g., storms, reef areas, such as upper reef slopes, that penetrates the water. Lower water temperature anomalies, etc.). Together, reef flats, and shallow lagoons. In the clarity sharply reduces photosynthesis all these factors contribute to the habitat final listing rule, the best available in zooxanthellae with moderate heterogeneity of coral reefs across the information indicated its depth range to reductions in adult colony survival and Indo-Pacific, as described in more detail be 0 to 5 m. In 2015, we learned that A. calcification. The skeletons of coral in the final listing rule (79 FR 53852; retusa has been observed in American colonies are bound together by September 10, 2014). Samoa at 10 m near Asili on Tutuila cementation, resulting in the formation As described previously, reef-building Island (D. Fenner, pers. comm. 2015). of coral reefs. Species with high corals are not dependent on coral reefs, Based on the previously described new recruitment rates or fast growth rates and many of these species can thrive in information combined with the fact that may have the ability to recover more low-growth conditions where skeletal it’s almost always found in shallower quickly from disturbances. growth is inadequate to result in waters, we consider the rangewide Additionally, long-lived species with accretion of coral reefs. ‘‘Non-reef depth distribution of A. retusa to be 0 large colony size can sustain partial habitat’’ refers to hard substrates where to 10 m in this rule. Acropora speciosa mortality (fission) and still have the reef-building corals can grow, including occurs on lower reef slopes and walls, potential for persistence and regrowth marginal habitats where conditions especially those characterized by clear (79 FR 53852, September 10, 2014). prevent reef development (e.g., turbid or water and high Acropora diversity, in a Additional information on the biological high-latitude or upwelling-influenced depth range of 12 to 40 m (Veron, 2014). requirements for reproduction, areas) and recently available habitat Euphyllia paradivisa is found in settlement, and growth is provided (e.g., lava flows). All the listed species environments protected from wave below in the Physical and Biological can occur in both shallow coral reef and action on at least upper reef slopes, mid-

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slope terraces, and lagoons at a depth m (D. Fenner, pers. comm. 2015). consider the rangewide depth range of 2 to 25 m (Veron, 2014). Seriatopora aculeata occurs in a broad distributions of the seven listed species Isopora crateriformis’s predominant range of habitats on the reef slope and as follows: A. globiceps, 0 to 20 m; A. habitat is shallow, high-wave energy back reef, including but not limited to jacquelineae, 10 to 35 m; A. retusa, 0 to environments, including reef flats and upper reef slopes, mid-slope terraces, 10 m; A. speciosa, 12 to 40 m; E. reef crests, and it also occurs in adjacent lower reef slopes, reef flats, and lagoons paradivisa, 2 to 25 m; I. crateriformis, 0 habitats such as upper reef slopes. It has in a depth range of 3 to 40 m (Veron, to 12 m; and S. aculeata, 3 to 40 m a depth distribution of 0 to 12 m, and 2014). (Table 1). In summary, based on the best has been reported as common at 5 to 10 currently available information, we TABLE 1—CONFIRMED GEOGRAPHIC AND DEPTH DISTRIBUTIONS OF THREATENED INDO-PACIFIC CORALS IN THE U.S.

Jurisdiction Am Samoa Mariana Islands (Guam and CNMI) Pacific Remote Island Area

Unit 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

A. globiceps, (0–20 m)...... X X X X X X X X X X X X X ...... X X ...... X ...... A. jacquelineae, (10–35 m) ...... X ...... A. retusa, (0–10 m)...... X X X X X ...... X ...... X ...... X X X X A. speciosa, (12–40 m) ...... X ...... X ...... E. paradivisa, (2–40 m) ...... X ...... I. crateriformis, (0–12 m) ...... X X X ...... S. aculeata, (3–40 m) ...... X ...... X ......

Depths of all listed spp.2 ...... a b b b a b b b a b b b b c B a c b c 1 Unit Key: (1) Tutuila & Offshore Banks; (2) Ofu & Olosega; (3) Ta’u; (4) Rose Atoll; (5) Guam & Offshore Banks; (6) Rota; (7) Aguijian; (8) Tinian and Tatsumi Reef; (9) Saipan and Garapan Bank; (10) Farallon de Medinilla; (11) Anatahan; (12) Pagan; (13) Maug Islands & Supply Reef; (14) Howland Island; (15) Palmyra Atoll; (16) Kingman Reef; (17) Johnston Atoll; (18) Wake Atoll; and (19) Jarvis Island. 2 Depth Key: (a) 0–40 m; (b) 0–20 m; (c) 0–10 m.

Species identification of many Indo- significant regulatory protection by critical habitat is the habitat essential Pacific reef-building corals is ensuring that the Federal government for the species’ recovery. However, challenging, even for experts who have considers the effects of its actions in section 3(5)(C) of the ESA clarifies that, worked in the field for decades. There accordance with section 7(a)(2) of the except in those circumstances are a multitude of reasons for this, ESA and avoids or modifies those determined by the Secretary, critical including: Poor quality type specimens; actions that are likely to destroy or habitat shall not include the entire lack of samples to verify photos; inter- adversely modify critical habitat. This geographical area which can be specific and intra-specific requirement is in addition to the section occupied by the threatened or morphological plasticity and variability; 7 requirement that Federal agencies endangered species. inherent human subjectivity; and ensure that their actions are not likely To identify and designate critical unreliable published information. For to jeopardize the continued existence of habitat, we considered information on the seven listed species considered here, ESA-listed species. Critical habitat the distribution of the seven threatened current species identification requirements do not apply to citizens Indo-Pacific corals, their major life uncertainty is rated as moderate or high engaged in activities on private land stages, habitat requirements of those life for six species (all but E. paradivisa). In that do not involve a Federal agency. stages, threats to the species, and addition, because traditional coral Section 3(5)(A) of the ESA defines conservation objectives that can be identification is based on colony critical habitat as (i) the specific areas supported by identifiable essential morphological characteristics, and within the geographical area occupied physical or biological features (hereafter recent genetics results often contradict by the species, at the time it is listed in also referred to as ‘‘PBFs’’ or ‘‘essential morphological identifications, species accordance with the provisions of features’’). In the final listing rule, ocean identification uncertainty is predicted to section 4 of the ESA, on which are warming, diseases, ocean acidification, increase for most of these species found those physical or biological trophic effects of reef fishing, nutrient (Fenner, 2015). features (I) essential to the conservation enrichment, sedimentation, and of the species and (II) which may inadequacy of regulatory mechanisms Critical Habitat Identification and require special management were found to be the main threats Designation considerations or protections; and (ii) contributing to the threatened status of The purpose of designating critical specific areas outside the geographical all seven corals. Several other threats habitat is to identify the areas that are area occupied by the species at the time also contributed to the species’ statuses, essential to the species’ recovery. Once it is listed in accordance with the but were considered to be relatively critical habitat is designated, it can provisions of section 4 of the ESA, upon lower in importance as compared to the contribute to the conservation of listed a determination by the Secretary that main threats. Therefore, we evaluated species in several ways, including by such areas are essential for the physical and biological features of their identifying areas where Federal agencies conservation of the species (16 U.S.C. habitats to determine what features are can focus their section 7(a)(1) 1532(5)(A)). Conservation is defined in essential to the conservation of each conservation programs, and helping section 3 of the ESA as the use of all coral. focus the efforts of other conservation methods and procedures which are Accordingly, our step-wise approach partners, such as States and local necessary to bring any endangered for identifying potential critical habitat governments, nongovernmental species or threatened species to the areas for the threatened corals was to organizations, and individuals (81 FR point at which the measures provided determine: (1) The geographical area 7414, February 11, 2016). Designating pursuant to this chapter are no longer occupied by each coral at the time of critical habitat also provides a necessary (16 U.S.C. 1532(3)). Therefore, listing; (2) the physical or biological

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features essential to the conservation of as the features that occur in specific reef fishing, nutrient enrichment, and the corals; (3) whether those features areas and that are essential to support sedimentation. Five of the six major may require special management the life-history needs of the species, threats (i.e., all but disease) impact considerations or protection; (4) the including water characteristics, soil corals in part by changing the corals’ specific areas of the occupied type, geological features, sites, prey, habitat, making it unsuitable for them to geographical area where these features vegetation, symbiotic species, or other carry out the essential functions at all occur; and, (5) whether any unoccupied features. A feature may be a single life stages. Although it was not areas are essential to the conservation of habitat characteristic, or a more considered to be posing a major threat any of the corals. complex combination of habitat at the time of listing, we also identified contaminants as a potential threat to Geographical Area Occupied by the characteristics. Features may include each of these corals (79 FR 53852, Species habitat characteristics that support ephemeral or dynamic habitat September 10, 2014). Thus, we identify ‘‘Geographical area occupied’’ in the conditions. Features may also be ocean warming, ocean acidification, definition of critical habitat is expressed in terms relating to principles trophic effects of reef fishing, nutrient interpreted to mean the entire range of of conservation biology, such as patch enrichment, sedimentation, and the species at the time it was listed, size, distribution distances, and contaminants as the threats to the seven inclusive of all areas they use and move connectivity (50 CFR 424.02). corals’ habitat that are impeding their through seasonally (81 FR 7413; In the final listing rule, we recovery. Protecting essential features of February 11, 2016). We did not consider the corals’ habitat from these threats geographical areas outside of the United determined that the seven corals were threatened under the ESA. This means will facilitate the Recovery Vision. States because we cannot designate We then turned to determining the that while the species are not in danger critical habitat areas outside of U.S. physical or biological features essential of extinction currently, they are likely to jurisdiction (50 CFR 424.12(g)). As to this conservation objective of become so within the next several noted previously, seven of the listed supporting successful reproduction and decades based on their current species have been confirmed within recruitment, and survival and growth of abundances and trends in abundance, U.S. Pacific Islands waters (Table 1), all life stages. Specifically, we evaluated distributions, and threats they and only these seven are currently being whether particular habitat features will experience now and in the future. The considered for critical habitat facilitate recovery through enhancing designation. We first identified the U.S. goal of an ESA listing is to first prevent population growth. There are many jurisdictional areas where observations extinction, and then to recover the physical and biological features that are of listed coral species have been species so they no longer meet the important in supporting the corals’ confirmed. In summary, six listed definition of a threatened species and habitat; therefore, we focused on a species are confirmed in American no longer need the protections of the composite habitat feature that supports Samoa (A. globiceps, A. jacquelineae, A. ESA. One of the first steps in recovery the conservation objective through its speciosa, A. retusa, I. crateriformis, and planning we completed after listing relevance to the major threats and E. paradivisa); three listed species are these coral species was to develop a threats impeding recovery. The essential confirmed in Guam and CNMI (A. Recovery Outline that contains a feature we ultimately identified is sites globiceps, A. retusa, and S. aculeata); Recovery Vision, which describes what with a complex combination of and three listed species are confirmed in the state of full recovery looks like for substrate and water column PRIA (A. globiceps, A. retusa, and A. the species. We identified the following characteristics that support normal speciosa). We further broke down the Recovery Vision for the 15 Indo-Pacific functions of all life stages of the corals. areas under consideration for critical corals listed in 2014, including the 7 Due to corals being sessile for almost habitat designation into 19 units based species covered by this critical habitat their entire life cycle, they carry out on information on the confirmed rule: Populations of the 15 listed Indo- most of their demographic functions in locations of each species within these Pacific corals should be present one location. Thus, we have identified jurisdictions, in order to better describe throughout as much of their historical sites with a combination of certain the geographic areas occupied by each ranges as future environmental changes substrate and water column species. The units generally consist of will allow, and may expand their ranges characteristics as the essential feature. A individual islands or atolls and nearby into new locations with more favorable detailed discussion of how this feature shoals or banks. Table 1 shows the habitat conditions in the future (https:// was determined will follow. distributions of the seven listed species www.fisheries.noaa.gov/resource/ Specifically, these sites have attributes by both jurisdiction and critical habitat document/15-indo-pacific-coral-species- that determine the quality of the unit. The proposed units are shown in recovery-outline). Recovery of these appropriate attachment substrate, in the figures at the end of this rule. More species will require conservation of the association with warm, aragonite- detailed information on the coral reef ecosystem through threats supersaturated, oligotrophic, clear distributions of the seven listed species abatement to ensure a high probability marine water, which are essential to in these units is provided in the Draft of survival into the future (NMFS, reproduction and recruitment, survival, Information Report (NMFS, 2019). 2015). The key conservation objective and growth of all life stages of all seven that facilitates this Recovery Vision, and species of coral. These sites can be Physical or Biological Features Essential that can be assisted through these impacted by ocean acidification and for Conservation critical habitat designations, is ocean warming, trophic effects of reef Within the geographical area supporting successful reproduction and fishing, nutrient enrichment, occupied, critical habitat consists of recruitment, and survival and growth of sedimentation, and contamination. specific areas on which are found those all life stages, by abating threats to the Based on the best scientific PBFs essential to the conservation of the corals’ habitats. In the final listing rule, information available we identify the species and that may require special we identified the major threats following physical feature essential to management considerations or contributing to the seven corals’ the conservation of the seven corals. protection. PBFs essential to the extinction risk: Ocean warming, disease, Our proposed definition for the conservation of the species are defined ocean acidification, trophic effects of essential feature is:

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Reproductive, recruitment, growth, act in combination to hinder coral >50 mg/cm2/day. Similarly, Erftemeijer and maturation habitat. Sites that settlement (Birrell et al., 2005). et al. (2012) suggests that moderate to support the normal function of all life Presence and amount of sediment is a severe effects to corals are expected at stages of the corals are natural, particularly important determinant of mean maximum sediment levels of >10 consolidated hard substrate or dead the quality of substrate for reef-building mg/cm2/day, and catastrophic effects at coral skeleton free of algae and sediment coral habitat. Sediments enter the reef >50 mg/cm2/day. Nelson et al. (2016) at the appropriate scale at the point of environment through many processes suggests that sediment depths of >0.5 larval settlement or fragment that are natural or anthropogenic in cm result in substantial stress to most reattachment, and the associated water origin, including erosion of the coral species, and that sediment depths column. Several attributes of these sites coastline, resuspension of bottom of >1.0 cm are lethal to most coral determine the quality of the area and sediments, terrestrial run-off, and species. The previously described influence the value of the associated nearshore dredging for coastal generalizations are for coral reef feature to the conservation of the construction projects and navigation communities and ecosystems, rather species: purposes. The rate of sedimentation than individual species. (1) Substrate with presence of crevices affects reef distribution, community Sublethal effects of sediment to corals and holes that provide cryptic habitat, structure, growth rates, and coral potentially occur at much lower levels the presence of microbial biofilms, or recruitment (Dutra et al., 2006). than mortality. Sublethal effects include presence of crustose coralline algae; Sediment accumulation on dead coral reduced growth, lower calcification (2) Reefscape (all the visible features skeletons and exposed hard substrate rates and reduced productivity, of an area of reef) with no more than a reduces the amount of available bleaching, increased susceptibility to thin veneer of sediment and low substrate for coral larvae settlement and diseases, physical damage to coral tissue occupancy by fleshy and turf fragment reattachment (Rogers, 1990). and reef structures (breaking, abrasion), macroalgae; Sediment impedes settlement of coral and reduced regeneration from tissue (3) Marine water with levels of larvae (Babcock and Smith, 2002). The damage (see reviews by Fabricius et al., temperature, aragonite saturation, deeper the sediment, the longer it may 2005; Erftemeijer et al., 2012; Browne et nutrients, and water clarity that have take for natural waves and currents to al., 2015; and Rogers, 1990). Erftemeijer remove the sediment from the been observed to support any et al. (2012) states that sublethal effects settlement substrate. Sediment texture for coral species that are sensitive, demographic function; and also affects the severity of impacts to intermediate, or tolerant to sediment (4) Marine water with levels of corals and recruitment substrate. Fine (i.e., most reef-building coral species) anthropogenically-introduced (from grain sediments have greater negative occur at mean maximum sedimentation humans) chemical contaminants that do effects to live coral tissue and to rates of between <10 and 200 mg/cm2/ not preclude or inhibit any demographic recruitment substrate (Erftemeijer et al., day, depending on species, exposure function. 2012). Accumulation of sediments is duration, and other factors. As described in detail in the Draft also a major cause of mortality in coral Finally, artificial substrates and Information Report (NMFS, 2019), all recruits (Fabricius et al., 2003). In some frequently disturbed ‘‘managed areas’’ corals require exposed natural instances, if mortality of coral recruits are not essential to coral conservation. consolidated hard substrate for the does not occur under heavy sediment Only natural substrates provide the settlement and recruitment of larvae or conditions, then settled coral planulae quality and quantity of recruitment asexual fragments. Substrate provides may undergo reverse metamorphosis habitat necessary for the conservation of the physical surface and space and die in the water column (Te, 1992). threatened corals. Artificial substrates necessary for settlement of coral larvae, Accumulation of sediment can smother are generally less functional than a stable environment for metamorphosis living corals, cover dead coral skeleton, natural substrates in terms of supporting of the larvae into the primary polyp, and exposed hard substrate (Erftemeijer healthy and diverse coral reef growth of juvenile and adult colonies, et al., 2012; Fabricius, 2005). ecosystems (Edwards and Gomez, 2007; and re-attachment of fragments. Larvae Sedimentation, therefore, impacts the USFWS, 2004). Artificial substrates are can settle and attach to dead coral health and survivorship of all life stages typically man-made or introduced skeleton (Brainard et al., 2011). A of corals (i.e., adults, fragments, larvae, substrates that are not naturally number of attributes have been shown and recruits). occurring to the area. Examples include, to influence coral larval settlement. The literature provides several but are not necessarily limited to, fixed Positive cues include the presence of recommendations on maximum and floating structures, such as aids-to- crustose coralline algae (Heyward and sediment levels for coral reefs (i.e., navigation (AToNs), jetties, groins, Negri, 1999), biofilms (Webster et al., levels that managers should strive to breakwaters, seawalls, wharves, boat 2004), and cryptic habitat such as stay under). De’ath and Fabricius (2008) ramps, fishpond walls, pipes, wrecks, crevices and holes (Nozawa, 2008). and the Great Barrier Reef Marine Park mooring balls, docks, aquaculture cages, Attributes that negatively affect Authority (GBRMPA 2010) recommend and other artificial substrates. Our settlement include presence of sediment that sediment levels on the Great Barrier definition of recruitment substrate does and algae (Vermeij et al., 2009). Coral Reef (GBR) be less than a mean annual not include any artificial substrate. In recruitment tends to be greater when sedimentation rate of 3 mg/cm2/day, addition, there are some natural macroalgal biomass is low (Birrell et al., and less than a daily maximum of 15 substrates that, because of their 2005). In addition to preempting space mg/cm2/day. Rogers (1990) recommends consistently disturbed nature, also do for coral larvae settlement, many fleshy that sediment levels on coral reefs not provide the quality of substrate macroalgae produce substances that globally be less than a mean maximum necessary for the conservation of may inhibit larval settlement, of 10 mg/cm2/day to maintain healthy threatened corals. While these areas recruitment, and survival (Jompa and corals, and also notes that moderate to may provide hard substrate for coral McCook, 2003). Furthermore, algal turfs severe effects on corals are generally settlement and growth over short can trap sediments (Purcell and expected at mean maximum periods, the periodic nature of direct Bellwood, 2001), which then create the sedimentation rates of 10 to 50 mg/cm2/ human disturbance renders them poor potential for algal turfs and sediments to day, and severe to catastrophic effects at environments for coral growth and

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survival over time (e.g., they can temperature increases (i.e., 1°C–2°C corals. Impaired fertilization and become covered with sediment). above mean maximum summer developmental abnormalities (Negri and Therefore, they are not essential to the temperature) can cause significant Heyward, 2000), mortality, and conservation of the species. Specific thermal stress and mortality to most impaired settlement success (Nozawa areas that may contain these disturbed coral species (Berkelmans and Willis, and Harrison, 2007) have all been natural substrates are described in the 1999; Jokiel and Coles, 1990). In documented. Increased seawater Specific Areas Containing the Essential addition to coral bleaching, elevated temperature also may act synergistically Features within the Geographical Areas seawater temperatures impair coral with coral diseases to reduce coral Occupied by the Species section of this fertilization and settlement (Nozawa health and survivorship (Bruno and proposed rule. and Harrison, 2007) and cause increases Selig, 2007). Coral disease outbreaks The substrate characterized in coral disease (Miller et al., 2009). often have either accompanied or previously must be associated with Effects of elevated seawater immediately followed bleaching events water that also supports all life temperatures are well-studied for reef- (Jones et al., 2004; Miller et al., 2009). functions of corals that are carried out building corals, and many approaches Outbreaks also follow seasonal patterns at the site. Water quality conditions have been used to estimate temperature of high seawater temperatures (Willis et fluctuate greatly over various spatial thresholds for coral bleaching and al., 2004). and temporal scales in natural reef mortality (see reviews by Brown, 1997; Coles and Brown (2003) defined a environments (Kleypas et al., 1999). Berkelmans, 2002; Coles and Brown, general bleaching threshold for reef- However, certain levels of particular 2003; Jokiel, 2004; Baker et al., 2007; building corals as increases in seawater parameters (e.g., water clarity, water Jones, 2008; Coles and Riegl, 2013). The temperatures of 1–3°C above maximum temperature, aragonite saturation) must tolerance of corals to temperature is annual mean temperatures at a given exist on average to provide the species-specific (van Woesik et al., location. GBRMPA (2010) defined a conditions conducive to coral growth, 2011; Vega-Rodriguez, 2016) and general ‘‘trigger value’’ for bleaching in reproduction, and recruitment. Corals depends on suites of other variables that reef-building corals as increases in may tolerate and survive in conditions include acclimation temperature, seawater temperatures of no more than outside these levels, depending on the aragonite saturation state, dissolved 1°C above maximum annual mean local conditions to which they have inorganic nitrogen (Cunning and Baker, temperatures at a given location. acclimatized and the intensity and 2012; Fabricius, 2005; Wooldridge, Because duration of exposure to duration of any deviations from 2013); and physical, physiological, and elevated temperatures determines the conditions conducive to a particular chemical stressors, including suspended extent of bleaching, several methods coral’s growth, reproduction and sediments and turbidity (Anthony et al., have been developed to integrate recruitment. Deviations from tolerance 2007; Woods et al., 2016); trace metals duration into bleaching thresholds, levels of certain parameters result in such as copper (Negri and Hoogenboom, including the number of days, weeks, or direct negative effects on all life stages. 2011; Woods et al., 2016); ultraviolet months of the elevated temperatures As described in the Draft Information radiation (Anthony et al., 2007); and (Berkelmans, 2002; Eakin et al., 2009). Report, corals thrive in warm, clear, salinity, nitrates, and phosphates (Negri NOAA’s Coral Reef Watch Program nutrient-poor marine waters with and Hoogenboom, 2011). utilizes the Degree Heating Week calcium carbonate concentrations that Ocean warming is one of the most method (Glynn and D’Croz, 1990; Eakin allow for symbiont photosynthesis, significant threats to the seven ESA- et al. 2009), which defines a general coral physiological processes and listed Indo-Pacific corals. Mean bleaching threshold for reef-building skeleton formation. This water must seawater temperatures in reef-building corals as seawater temperatures of 1°C also have low to no levels of coral habitat in the Indo-Pacific have above maximum monthly mean at a contaminants (e.g., heavy metals, increased during the past few decades, given location for four consecutive chemicals) that would interfere with and are predicted to continue to rise weeks (https://coralreefwatch.noaa. normal functions of all life stages. Water between now and 2100 (IPCC, 2013). gov/). quality that supports normal functions The primary observable coral response These general thresholds were of corals is adversely affected by ocean to ocean warming is bleaching of adult developed for coral reef communities warming, ocean acidification, nutrient coral colonies, wherein corals expel and ecosystems, rather than individual enrichment, sedimentation, and their symbiotic zooxanthellae in species. Many of these studies are contamination. response to stress (Brown, 1997). Even community or ecosystem-focused and Seawater temperature is a particularly so, evaluating the effects that changes in do not account for species-specific important limiting factor of coral water temperatures have on the responses to changes in seawater habitat, and consequently ocean conservation value of coral habitat is temperatures, and instead are focused warming is one of the most important very complex and contextually-driven, on long-term climatic changes and large threats to reef-building corals. Corals and simple numeric effect thresholds scale impacts (e.g., coral reef occur in a wide temperature range are not easily assigned to listed corals to distribution, persistence). across geographic locations (15.7°C– establish when stress responses occur. In summary, temperature deviations 35.5°C weekly average and 21.7–29.6°C For many corals, an episodic increase of from local averages prevent or impede annual average; Guan et al., 2015), but only 1°C–2°C above the normal local successful completion of all life history only thrive in areas with mean seasonal maximum ocean temperature stages of the listed coral species. temperatures in a narrow range can induce bleaching (Hoegh-Guldberg Identifying temperatures at which the (typically 25°C–29°C) as indicated by et al., 2007; Jones, 2008). Corals can conservation value of habitat for listed the global distribution of coral reefs withstand mild to moderate bleaching; corals may be affected is inherently (Brainard et al., 2011; Kleypas et al., however, severe, repeated, or prolonged complex and influenced by taxa, 1999). Short-term exposures (days) to bleaching can lead to colony death exposure duration, and other factors. 2- temperature increases of a few degrees (Brown, 1997). In addition to coral Carbonate ions (CO3 ) are used by (i.e., 3°C–4°C increase above mean bleaching, other effects of ocean many marine organisms, including maximum summer temperature) or long- warming detrimentally affect virtually corals, to build calcium carbonate term exposures (several weeks) to minor every life-history stage in reef-building skeletons. For corals, the mineral form

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of calcium carbonate in their skeletons 2003). As pCO2 rises, oceanic pH al., 2005; Fabricius, 2005). These two is called ‘‘aragonite.’’ The more declines through the formation of nutrients occur as different compounds carbonate ions there are dissolved in carbonic acid and subsequent reaction in coral reef habitats and are necessary seawater, the easier it is for corals to with water resulting in an increase of in low levels for normal reef function. build their aragonite skeletons. The free hydrogen ions. The free hydrogen Dissolved inorganic nitrogen and metric used to express the relative ions react with carbonate ions to dissolved inorganic phosphorus in the availability of calcium and carbonate produce bicarbonate, reducing the forms of nitrate (NO3) and phosphate ions is the aragonite saturation state amount of carbonate ions available, and (PO43) are particularly important for (Warg). Thus, the lower the Warg of thus reducing the aragonite saturation photosynthesis, with dissolved organic seawater, the lower the abundance of state. Ocean acidification is one of the nitrogen also providing an important carbonate ions, and the more energy most significant threats to reef-building source of nitrogen, and are the dominant corals have to expend for skeletal corals (Brainard et al., 2011; Jokiel, forms of nitrogen and phosphorous in calcification, and vice versa (Cohen and 2015). coral reef waters. Nutrients are a major Holcomb, 2009). At saturation states A variety of laboratory studies component of land-based sources of between 1 and 20, marine organisms can conducted on corals and coral reef pollution (LBSP), one of the most create calcium carbonate shells or organisms (e.g., Langdon and Atkinson, important threats to reef-building corals skeletons using a physiological 2005) consistently show declines in the (Brainard et al., 2011). Excessive calcifying mechanism and the rate of coral calcification and growth nutrients affect corals through two main expenditure of energy. The aragonite with rising pCO2, declining pH, and mechanisms: direct impacts on coral saturation state varies greatly within declining carbonate saturation state. physiology such as reduced fertilization and across coral reefs and through daily Laboratory experiments have also and growth (Harrison and Ward, 2001; cycles with temperature, salinity, shown that skeletal deposition and Ferrier-Pages et al., 2000), and indirect pressure, and localized biological initiation of calcification in newly effects through nutrient-stimulation of processes such as photosynthesis, settled corals is reduced by declining other community components (e.g., respiration, and calcification by marine aragonite saturation state (Albright et macroalgae seaweeds, turfs/filamentous organisms (Gray et al., 2012; McMahon al., 2008; Cohen et al., 2009). Field algae, cyanobacteria, and filter feeders) et al., 2013; Shaw et al., 2012b). studies from a variety of coral locations that compete with corals for space on Coral reefs form in an annually- in the Caribbean, Indo-Pacific, and Red the reef (79 FR 53851, September 10, averaged saturation state of 4.0 or Sea have shown a decline in linear 2014). As discussed previously, the greater for optimal calcification, and an extension rates of coral skeleton under latter also affects the quality of annually-averaged saturation state decreasing aragonite saturation state recruitment substrate. The physiological below 3.3 will result in reduced (Bak et al., 2009; De’ath et al., 2009; response a coral exhibits to an increase calcification at rates insufficient to Schneider and Erez, 2006; Tanzil et al., in nutrients mainly depends on maintain net positive reef accretion, 2009). Reduced calcification and slower concentration and duration. A short resulting in loss of reef structure growth will mean slower recovery from duration of a large increase in a nutrient (Guinotte et al., 2003; Hoegh-Guldberg breakage, whether natural (hurricanes may result in a severe adverse response, et al., 2007). Guinotte et al. (2003) and storms) or human (breakage from just as a chronic, lower concentration classified the range of aragonite vessel groundings, anchors, fishing gear, might. saturation states between 3.5–4.0 as etc.), or mortality from a variety of ‘‘adequate’’ and < 3 as ‘‘extremely disturbances. Slower growth also Most coral reefs occur where annual marginal.’’ Thus, aragonite saturation implies even higher rates of mortality mean nutrient levels are low. Kleypas et state between 3 and 4 is likely necessary for newly settled corals due to the al. (1999) analyzed dissolved nutrient for coral calcification. But, generally, longer time it will take to reach a colony data from nearly 1,000 coral reef sites, finding mean values of 0.25 micromoles seawater Warg should be 3.5 or greater to size that is no longer vulnerable to enable maximum calcification of reef- overgrowth competition, sediment per liter (mmol/l) for NO3, and 0.13 m building corals, and average Warg in most smothering, and incidental predation. mol/l for PO4. Over 90 percent of the coral reef areas is currently in that range Reduced calcification and slower sites had mean NO3 values of <0.6 (Guinotte et al., 2003). Further, (Kleypas growth means more time to reach mmol/l, and mean PO4 values of <0.2 et al., 1999) concluded that a general reproductive size and reduces sexual mmol/l (Kleypas et al., 1999). Several threshold for Warg occurs near 3.4, and asexual reproductive potential. authors, including Bell and Elmetri because only a few reefs occur where Increased pCO2 coupled with increased (1995) and Lapointe (1997) have saturation is less than this. Guan et al. sea surface temperature can lead to even proposed threshold values of 1.0 mmol/ (2015) found that the minimum lower rates of calcification, as found in l for NO3, and 0.1–0.2 mmol/l for PO4, aragonite saturation observed where the meta-analysis by Kornder et al. above which NO3 and PO4 are excessive coral reefs currently occur is 2.82; (2018). (eutrophic). However, concentrations of however, it is not known if those In summary, aragonite saturation dissolved nutrients are poor indicators locations hosted live accreting corals. reductions prevent or impede successful of coral reef status, and the concept of These general characterizations and completion of all life history stages of a simple threshold concentration that thresholds were identified for coral reef the listed coral species. Identifying the indicates eutrophication has little communities and ecosystems, rather declining aragonite saturation state at validity (McCook et al., 1999). One than individual species. which the conservation value of habitat reason for that is because corals are Ocean acidification is a term referring for listed corals may be affected is exposed to nutrients in a variety of to changes in ocean carbonate inherently complex and influenced by forms, including dissolved nitrogen chemistry, including a drop in the pH taxa, exposure duration, acclimatization (e.g., NO3), dissolved phosphorus (e.g., of ocean waters, that is occurring in to localized nutrient regimes, and other PO43), particulate nitrogen (PN), and response to the rise in the quantity of factors. particulate phosphate (PP). Since the atmospheric CO2 and the partial Nitrogen and phosphorous are two of dissolved forms are assimilated rapidly pressure of CO2 (pCO2) absorbed in the main nutrients that affect the by phytoplankton, and the majority of oceanic waters (Caldeira and Wickett, suitability of coral habitat (Fabricius et nitrogen and phosphorus discharged in

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terrestrial runoff is in the particulate islands with extensive groundwater 10 mg/L averaged across all Papua New forms, PN and PP are the most common inputs are likely to be better Guinea coral reef habitats. Larcombe et bio-available forms of nutrients for acclimatized or adapted to higher al. (2001) recommend a maximum value corals on coastal zone reefs (Cooper and turbidity than colonies of the same of 40 mg/L TSS for GBR ‘‘marginal Fabricius, 2007). Thus, De’ath and species occurring on offshore barrier reefs’’, i.e., reefs close to shore with high Fabricius (2008) and GBRMPA (2010) reefs or around atolls with very little or natural turbidity levels. Guan et al. provide general recommendations on no groundwater inputs. In some cases, (2015) recommend a minimum light maximum annual mean values for PN corals occupy naturally turbid habitats intensity (mmol photons second/m2) of and PP of 1.5 mmol/l PN and 0.09 mmol/ (Anthony and Larcombe, 2000; 450 mmol photons second/m2 globally l PP for coastal zone reefs. These McClanahan and Obura, 1997; Te, 2001) for coral reefs. The previously described generalizations are for coral reef where they may benefit from the generalizations are for coral reef communities and ecosystems, rather reduced amount of UV radiation to communities and ecosystems, rather than individual species. which they are exposed (Zepp et al., than individual species. As noted previously, identifying 2008). Reductions in water clarity affect A coral’s response to a reduction in nutrient concentrations at which the light availability for corals. As turbidity water clarity is dependent on intensity conservation value of habitat for listed and nutrients increase, thus decreasing and duration. For example, corals corals may be affected is inherently water clarity, reef community exhibited partial mortality when complex and influenced by taxa, composition shifts from coral- exposed to 476 mg/L TSS (Bengtsson et exposure duration, and acclimatization dominated to macroalgae-dominated, al., 1996) for 96 hours, but had total to localized nutrient regimes, and other and ultimately to heterotrophic animals mortality when exposed to 1000 mg/L factors. (Fabricius et al., 2012). Light TSS for 65 hours (Thompson and Bright, Water clarity or transparency is a key penetration is diminished by suspended 1980). Depending on the duration of factor for marine ecosystems and it is abiotic and biotic particulate matter exposure, most coral species exhibited the best explanatory variable for a range (especially clay and silt-sized particles) sublethal effects when exposed to of bioindicators of reef health (Fabricius and some dissolved substances turbidity levels between 7 and 40 NTU et al., 2012). Water clarity affects the (Fabricius et al., 2014). The availability (Erftemeijer et al., 2012). The most light availability for photosynthetic of light decreases directly as a function tolerant coral species exhibited organisms and food availability for filter of particle concentration and water decreased growth rates when exposed to feeders. Corals depend upon their depth, but also depends on the nature 165 mg/L TSS for 10 days (Rice and symbiotic algae for nutrition and thus of the suspended particles. Fine clays Hunter, 1992). Turbidity reduces water depend on light availability for algal and organic particles are easily clarity and so reduces the maximum photosynthesis. Reduced water clarity is suspended from the sea floor, reducing depth at which corals can live, making determined by the presence of particles light for prolonged periods, while deeper habitat unsuitable (Fabricius, of sediment, organic matter, and/or undergoing cycles of deposition and 2005). Existing data suggest that coral plankton in the water, and so is often resuspension. Suspended fine particles reproduction and settlement are more associated with elevated sedimentation also carry nutrients and other highly sensitive to changes in water and/or nutrients. Water clarity can be contaminants (Fabricius et al., 2013). clarity than adult survival, and these measured in multiple ways, including Increased nutrient runoff into semi- functions are dependent on clear water. percent of solar irradiance at depth, Suspended particulate matter reduces enclosed seas accelerates phytoplankton Secchi depth (the depth in the water fertilization and sperm function production to the point that it also column at which a black and white disk (Ricardo et al., 2015), and strongly increases turbidity and reduces light is no longer visible), and Nephelometric inhibits larvae survival, settlement, penetration, and can also settle on Turbidity Unit (NTU) (measure of light recruitment, and juvenile survival colony surfaces (Fabricius, 2005). In scatter based on particles in the water (Fabricius, 2005). column). Reef-building corals naturally areas of nutrient enrichment, light for In summary, water clarity deviations occur across a broad range of water benthic organisms can be additionally from local averages prevent or impede clarity levels from very turbid waters on severely reduced by dense stands of successful completion of all life history enclosed reefs near river mouths large fleshy macroalgae shading stages of the listed coral species. (Browne et al., 2012) to very clear adjacent corals (Fabricius, 2005). Identifying turbidity levels at which the waters on offshore barrier reefs, and The literature provides several conservation value of habitat for listed many intermediate habitats such as recommendations on maximum corals may be affected is inherently open coastal and mid-shelf reefs turbidity levels for coral reefs (i.e., complex and influenced by taxa, (GBRMPA, 2010). Coral reefs appear to levels that managers should strive to exposure duration, and acclimatization thrive in extremely clear areas where stay under). GBRMPA (2010) to localized nutrient regimes, and other Secchi depth is ≥ 15 m or light scatter recommends minimum mean annual factors. is < 1 NTU (De’ath and Fabricius, 2010). water clarity, or ‘‘trigger values’’, in The water column may include levels Typical levels of total suspended solids Secchi distances for the GBR depending of anthropogenically-introduced (TSS) in reef environments are less than on habitat type: For enclosed coastal chemical contaminants that prevent or 10 mg/L (Rogers, 1990). The minimum reefs, 1.0–1.5 m; for open coastal reefs impede successful completion of all life light level for reef development is about and mid-shelf reefs, 10 m; and for history stages of the listed coral species. 6–8 percent of surface irradiance offshore reefs, 17 m. De’ath and For the purposes of this rule, (Fabricius et al., 2014). Fabricius (2008) recommend a ‘‘contaminants’’ is a collective term to For a particular coral colony, tolerated minimum mean annual water clarity describe a suite of anthropogenically- water clarity levels likely depend on trigger value in Secchi distance introduced chemical substances in several factors, including species, life averaged across all GBR habitats of 10 water or sediments that may adversely history stage, spatial variability, and m. Bell and Elmetri (1995) recommend affect corals. The study of the effects of temporal variability. For example, a maximum value of 3.3 mg/L TSS contaminants on corals is a relatively colonies of a species occurring on across all GBR habitats. Thomas et al. new field and information on sources fringing reefs around high volcanic (2003) recommend a maximum value of and ecotoxicology is incomplete. The

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major groups of contaminants that have Further, iron chloride has been found to (Knutson et al., 2012). Porites astreoides been studied for effects to corals include cause oxidative DNA damage to coral larvae exposed to two major mosquito heavy metals (also called trace metals), larvae (Vijayavel et al., 2012). pesticide ingredients, naled and pesticides, and hydrocarbons. Other Polycyclic aromatic hydrocarbons permethrin, for 18–24 hours showed organic contaminants, such as (PAHs) are found in fossil fuels such as differential responses. Concentrations of chemicals in personal care products, oil and coal and can be produced by the 2.96 mg/L or greater of naled polychlorinated biphenyl, and incomplete combustion of organic significantly reduced larval surfactants, have also been studied. matter. PAHs disperse through non- survivorship. However, reduced larval Contaminants may be delivered to coral point sources such as road run-off, survivorship was not detected in reefs via point or non-point sources. sewage, and deposition of particulate air exposure of up to 6.0 mg/L of Specifically, contaminants enter the pollution. PAHs can also disperse from permethrin. Larval settlement, post- marine environment through point sources such as oil spills and settlement survival, and zooxanthellae wastewater discharge, shipping, industrial sites. Studies have found density were not impacted by any industrial activities, and agricultural effects of oil pollution on corals include treatment (Ross et al., 2015). and urban runoff. These contaminants growth impairments, mucus production, Benzophenone-2 (BP-2) is a chemical can cause negative effects to coral and decreased reproduction, especially additive to personal care products (e.g., reproduction, development, growth, at increased temperature (Kegler et al., shampoo, body lotions, soap, photosynthesis, and survival. 2015). Hydrocarbons have also been detergents), product coatings (oil-based Heavy metals (e.g., copper, cadmium, found to affect early life stages of corals. paints, polyurethanes), acrylic manganese, nickel, cobalt, lead, zinc, Oil-contaminated seawater reduced adhesives, and plastics that protects and iron) can be toxic at concentrations settlement of Orbicella faveolata and of against damage from ultraviolet light. It above naturally-occurring levels. Heavy Agaricia humilis and was more severe is released into the ocean through metals are persistent in the environment than any direct or latent effects on municipal and boat/ship wastewater and can bioaccumulate. Metals are survival (Hartmann et al., 2015). Natural discharges, landfill leachates, adsorbed to sediment particles, which gas (water accommodated fraction) residential septic fields, and unmanaged can result in their long distance exposure resulted in abortion of larvae cesspits. BP-2 is a known endocrine transport away from sources of during early embryogenesis and early disruptor and a DNA mutagen, and its pollution. Corals incorporate metals in release of larvae during late effects are worse in the light. It caused their skeleton and accumulate them in embryogenesis, with higher deformation of Stylophora pistillata their soft tissue (Al-Rousan et al., 2012; concentrations of natural gas yielding larvae changing them from a motile Barakat et al., 2015). Although heavy higher adverse effects (Villanueva et al., planktonic state to a deformed sessile metals can occur in the marine 2011). Oil, dispersant, and a condition at low concentrations. It also environment from natural processes, in combination of oil and dispersant on caused increasing larval bleaching with nearshore waters they are mostly a significantly decreased settlement and increasing concentration (Downs et al., result of anthropogenic sources (e.g., survival of Porites astreoides and O. 2014). Benzophenone-3 (BP-3; wastewater, antifouling and faveolata larvae (Goodbody-Gringley et oxybenzone) is an ingredient in anticorrosive paints from marine vessels al., 2013). sunscreen and personal care products and structures, land filling and dredging Anthracene (a PAH used in dyes, (e.g., hair cleaning and styling products, for coastal expansion, maritime wood preservatives, insecticides, and cosmetics, insect repellent, soaps) that activities, inorganic and organic coating materials) exposure to protects against damage from ultraviolet pollutants, crude oil pollution, shipping apparently healthy and diseased light. It enters the marine environment processes, industrial discharge, (Caribbean yellow band disease) through swimmers and municipal, agricultural activities), and are found fragments of O. faveolata reduced residential, and boat/ship wastewater near cities, ports, and industrial activity of enzymes important for discharges and can cause DNA developments. protection against environmental mutations. Oxybenzone is a skeletal The effects of copper on corals stressors in the diseased colonies endocrine disruptor, and it caused include physiological impairment, (Montilla et al., 2016). The results larvae of S. pistillata to encase impaired photosynthesis, bleaching, indicated that diseased tissues might be themselves in their own skeleton. reduced growth, and DNA damage more vulnerable to the exposure to Exposure to oxybenzone transformed S. (Bielmyer et al., 2010; Schwarz et al., PAHs such as anthracene than pistillata larvae from a motile state to a 2013). Effects to fertilization, larval apparently healthy corals. PAH deformed, sessile condition. Larvae development, larval swimming concentrations similar to those present exhibited an increasing rate of coral behavior, metamorphosis, and larval after an oil spill inhibited bleaching in response to increasing survival have also been documented metamorphosis of Acropora tenuis concentrations of oxybenzone (Downs et (Kwok and Ang, 2013; Negri and larvae, and sensitivity increased when al., 2016). Hoogenboom, 2011; Puisay et al., 2015; larvae were co-exposed to PAHs and Polychlorinated biphenyls (PCBs) are Reichelt-Brushett and Hudspith, 2016; ‘‘shallow reef’’ UV light levels (Negri et environmentally stable, persistent Rumbold and Snedaker, 1997). Toxicity al., 2016). organic pollutants that have been used of copper was found to be higher when Pesticides include herbicides, as heat exchange fluids in electrical temperatures are elevated (Negri and insecticides, and antifoulants used on transformers and capacitors, and as Hoogenboom, 2011). Nickel and cobalt vessels and other marine structures. additives in paint, carbonless copy can also have negative effects on corals, Pesticides can affect non-target marine paper, and plastics. They can be such as reduced growth and organisms like corals and their transported globally through the photosynthetic rates (Biscere et al., zooxanthellae. Diuron, an herbicide, atmosphere, water, and food web. A 2015), and reduced fertilization success decreased photosynthesis isolated study of the effects of the PCB Aroclor (Reichelt-Brushett and Hudspith, 2016). zooxanthellae (Shaw et al., 2012b). 1254 on the scleractinian coral S. Chronic exposure of corals to higher Irgarol, an additive in copper-based pistillata found no effects on coral levels of iron may significantly reduce antifouling paints, significantly reduced survival, photosynthesis, or growth; growth rates Ferrier-Pages et al. (2001). settlement in Porites hawaiiensis however, the exposure concentration

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and duration may alter the expression of which the species are acclimatized, and habitat for all life stages for these certain genes involved in important intensity and duration of exposure to threatened corals. We conclude that the cellular functions (Chen et al., 2012). adverse conditions. In other words, essential feature is currently and will Surfactants are used as detergents and changes in the water column parameters likely continue to be negatively soaps, wetting agents, emulsifiers, discussed previously that exceed the impacted by some or all of these factors. foaming agents, and dispersants. Linear tolerance ranges may induce adverse Greenhouse gas emissions (e.g., fossil alkylbenzene sulfonate (LAS) is one of effects in a particular species. Thus, the fuel combustion) lead to global climate the most common surfactants in use. concept of individual species’ tolerance change and ocean acidification. These Biodegradation of surfactants can occur limits is a different aspect of water activities adversely affect the essential within a few hours to several days, but quality conditions compared to feature by increasing sea surface significant proportions of surfactants conditions that are conducive for temperature and decreasing the attach to suspended solids and remain formation and growth of reef structures. aragonite saturation state. Coastal and in the environment. This sorption of These values presented in the in-water construction, channel surfactants onto suspended solids previous summaries constitute the best dredging, and beach nourishment depends on environmental factors such available information at the time of this activities can directly remove the as temperature, salinity, or pH. rulemaking. It is possible that future essential feature by dredging it or by Exposure of Pocillopora verrucosa to scientific research will identify species- depositing sediments on it, making it LAS resulted in tissue loss on specific values for some of these unavailable for settlement and fragments. The combined effects of LAS parameters that become more applicable recruitment of coral larvae or fragments. exposure with increased temperature to the seven listed coral species, though ° ° These same activities can impact the (+3 C to 31 C) resulted in greater tissue it is also possible that future species- essential feature by creating turbidity loss than LAS exposure alone (Kegler et specific research will document that during operations. Stormwater run-off, al., 2015). conducive or tolerance ranges for the wastewater and sewage outflow In summary, there are multiple seven corals fall within these ranges. discharges, and point and non-point chemical contaminants that prevent or Because the ESA requires us to use the source contaminant discharges can impede successful completion of all life best scientific information available in adversely impact the essential feature by history stages of the listed coral species. conducting consultations under section allowing nutrients and sediments, as Identifying contaminant levels at which 7, we will incorporate any such new well as contaminants, from point and the conservation value of habitat for scientific information into consultations non-point sources, including sewage, listed corals may be affected is when evaluating potential impacts to stormwater and agricultural runoff, river inherently complex and influenced by the critical habitat. discharge, and groundwater, to alter the taxa, exposure duration, and other factors. Need for Special Management natural levels in the water column. The As described previously, the best- Considerations or Protection same activities can also adversely affect available information shows coral reefs Specific areas within the geographical the essential feature by increasing the form on solid substrate but only within area occupied by a species may be growth rates of macroalgae, allowing a narrow range of water column designated as critical habitat only if they them to preempt available recruitment conditions that on average allow the contain essential features that may habitat. Fishery management can deposition rates of corals to exceed the require special management adversely affect the essential feature if it rates of physical, chemical, and considerations or protection (16 U.S.C. allows for the reduction in the number biological erosion (i.e., conducive 1532(5)(A)(i)(II). Special management of herbivorous fishes available to conditions, Brainard et al., 2005). considerations or protection are any control the growth of macroalgae on the However, as with all ecosystems, water methods or procedures useful in substrate. column conditions are dynamic and protecting physical or biological Given these ongoing threats vary over space and time. Therefore, we features for the conservation of listed throughout the corals’ habitat, we find also describe environmental conditions species (50 CFR 424.02). that the essential feature may require in which coral reefs currently exist The proposed essential feature is special management considerations. particularly susceptible to impacts from globally, thus indicating the conditions Specific Areas Containing the Essential human activity because of the relatively that may be tolerated by corals and Features Within the Geographical Areas shallow water depth ranges of the seven allow at least for survival. To the extent Occupied by the Species tolerance conditions deviate in duration listed corals (less than 40 m). The and intensity from conducive proximity of this habitat to coastal areas Our regulations state that each critical conditions, they may not support coral subject this feature to impacts from habitat area will be shown on a map, reproduction and recruitment, and reef multiple activities, including, but not with more-detailed information growth, and thus would impair recovery limited to, coastal and in-water discussed in the preamble of the of the species. Further, annually and construction, dredging and disposal rulemaking documents published in the spatially averaged-tolerance ranges activities, beach nourishment, Federal Register defined by specific provide the limits of the environmental stormwater run-off, wastewater and limits using reference points and lines conditions in which coral reefs exist sewage outflow discharges, point and on standard topographic maps of the globally (Guan et al., 2015), but these non-point source pollutant discharges, area, and referencing each area by the conditions do not necessarily represent and fishery management. Further, the State, county, or other local the conditions that may be tolerated by global oceans are being impacted by governmental unit in which it is located individual coral species. Individual climate change from greenhouse gas (50 CFR 424.12(c)). Our regulations also species may or may not be able to emissions, particularly the tropical state that when several habitats, each withstand conditions within or oceans in which the Indo-Pacific corals satisfying requirements for designation exceeding the globally-averaged occur (van Hooidonk et al., 2014). The as critical habitat, are located in tolerance ranges for coral reefs, impacts from these activities, combined proximity to one another, an inclusive depending on the individual species’ with those from natural factors (e.g., area may be designated as critical biology, local average conditions to major storm events), significantly affect habitat (50 CFR 424.12(d)).

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We identified 19 units within the (2008). In contrast to substrate, data for substrates and managed areas would not geographical area occupied by the seven water quality parameters are limited to facilitate meeting our conservation goal listed Indo-Pacific species confirmed in a few of the parameters over a small of maintaining functional natural reef U.S. waters, at the time of listing, that overall portion of reef-building coral ecosystems on which the listed species contain the essential feature (Table 1): habitat within the area under depend. They do not provide stable Four in American Samoa (Tutuila and consideration for critical habitat. natural environments for coral growth Offshore Banks, Ofu and Olosega, Ta’u, We applied step 2, establishing upper and settlement and therefore are not and Rose Atoll); one in Guam (Guam and lower depth limits for these areas, necessary for the conservation of the and Offshore Banks); eight in CNMI by using depth distribution information species. (Rota, Aguijian, Tinian and Tatsumi for the listed coral species that occur in Reef, Saipan and Garapan Bank, each unit to delineate upper and lower NMFS is aware that dredging may Farallon de Medinilla, Anatahan, Pagan, depth limits for each unit. Because at result in sedimentation impacts beyond and Maug Islands and Supply Reef); and least some, if not all, listed corals in the actual dredge channel. To the extent six in PRIA (Howland Island, Palmyra each unit occur in shallow habitats (e.g., that these impacts are persistent, are Atoll, Kingman Reef, Johnston Atoll, reef flats), the upper depth limit for all expected to recur whenever the channel Wake Atoll, and Jarvis Island). units is mean low water, referred to here is dredged and are of such a level that Within each of these 19 units, we as zero (0) m depth. The lower depth the areas in question have already been delineated more specific areas that limit for each unit is based on the made unsuitable for coral, then NMFS contain the essential feature using a 3- deepest observed record of any listed expects that the federal action agency step process: (1) We reviewed available species in that unit. As previously can assess and identify such areas information on substrate and water described in more detail in the during their pre-dredging planning and quality parameters to determine where Background section, based on the best provide their rationale and information the essential feature occurs; (2) we currently available information, we supporting this conclusion. To the established upper and lower depth consider the rangewide depth extent that the federal action agency limits for these areas depending on the distributions of the seven listed species does so, NMFS proposes that these species present; and (3) within the as follows: A. globiceps, 0 to 20 m; A. persistently impacted areas be depth limits, we identified areas that jacquelineae, 10 to 35 m; A. retusa, 0 to considered part of the managed areas may have the essential feature but are 10 m; A. speciosa, 12 to 40 m; E. and excluded from critical habitat. not necessary for the conservation of the paradivisa, 2 to 25; I. crateriformis, 0 to listed species because they are artificial 12 m; and S. aculeata, 3 to 40 m. We The application of the 3-step process substrates or natural substrates that are used depth distributions for all listed to each of the 19 specific areas is consistently disturbed, and therefore do Indo-Pacific species within U.S. waters described in more detail in the Draft not qualify as critical habitat. combined as a comprehensive approach Information Report. The resulting For step 1, determining specific areas to establish a lower limit because most delineations of the specific areas are that contain the essential feature, we listed species have overlapping depth described in Appendix A of the report, reviewed available substrate and water distributions, and depth distributions of and 17 of the 19 are described and quality data for each unit. For substrate, these species are still not well known shown in the maps at the end of this we used data and maps from two for many of the critical habitat units. rule. The entireties of the other two benthic habitat mapping programs that We next applied step 3 for each unit specific areas (Wake and FDM) were collect benthic data for coral reef by identifying areas that may contain determined to be ineligible by the ecosystems throughout the United the essential feature, but are not 4(a)(3) analyses summarized below, and States (these programs are also available necessary for the conservation of the described and shown in the Draft to the public on their websites): (1) For listed species. There are two types of Information Report (NMFS, 2019). habitat <20 m depth, the National areas that may contain hard These are the 19 specific areas to which Centers for Coastal Ocean Science’s consolidated substrate and suitable the ESA section 4(a)(3) and 4(b)(2) (NCCOS; https:// water quality parameters, but are not analyses were applied. The essential coastalscience.noaa.gov/) provides data considered necessary for the feature is unevenly distributed and maps (except for some of the PRIA); conservation of the species, and none, throughout these 19 specific areas. and (2) for habitat >20 m depth, the one, or both may occur in each unit: (1) Within these areas there exists a mosaic Pacific Islands Benthic Habitat Mapping artificial substrates; and (2) ‘‘managed of habitats at relatively small spatial Center (PIBHMC; https:// areas.’’ Artificial substrates include any scales, some of which naturally contain www.soest.hawaii.edu/pibhmc/cms/) human-made structure, regardless of age the essential feature and some that do provides data and maps. These two or level of active management. complementary programs provide Examples include, but are not limited not. Further, within these large areas, nearly complete, large-scale coverage of to, fixed and floating structures, such as: specific managed areas as described reef-building coral substrate in the U.S. Jetties, groins, breakwaters, fixed or previously also exist. If a location Pacific Islands, except for some of the floating AToNs, seawalls, wharves, boat within one of these areas does not meet PRIA areas which are not included in ramps, fishpond walls, pipes, wrecks, the definition of critical habitat (such as the NCCOS database. For substrate and mooring balls, docks, aquaculture cages, an area of soft substrate or a water quality information, we also used and other artificial substrates. Managed continuously managed area), it is not coral reef monitoring and status reports areas are areas where the substrate has included in the designations. Due to the from the Pacific Islands Fisheries been disturbed by management and will spatial scale at which the essential Science Center (PIFSC, https:// continue to be periodically disturbed by feature exists interspersed with these www.fisheries.noaa.gov/region/pacific- such management. Examples include, other habitats and disturbed areas, and islands#science) for the Mariana Islands but are not limited to, dredged the fact that the precise locations of the (Brainard et al., 2012; except for navigation channels, shipping basins, essential feature change over time (e.g., Farallon de Medinilla (FDM)) and vessel berths, and AToN chain scour seasonally, in response to storms, etc.), American Samoa (Brainard et al., 2008). areas around anchor blocks. As noted we are not able to more finely delineate For the PRIA, we used Miller et al. previously, protecting artificial the essential feature.

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Unoccupied Critical Habitat Areas use, that are subject to an Integrated NBG Main Base Submerged Lands cover We have not identified any Natural Resources Management Plan approximately 30,000 acres along the unoccupied areas for designation of (INRMP) prepared under section 101 of coastline from Orote Peninsula to Asan critical habitat. ESA section 3(5)(A)(ii) the Sikes Act (16 U.S.C. 670a), if the (described in the JRM INRMP, Section defines critical habitat to include Secretary of Commerce determines in 5.3, DoN, 2019); (2) the NBG TS specific areas outside the geographical writing that such plan provides a benefit Submerged Lands cover approximately area occupied by the species at the time to the species for which critical habitat 19,500 acres on the northwestern side of of listing if the areas are determined by is proposed for designation. Guam (described in the JRM INRMP, Two INRMPs are applicable to Section 8.3, DoN, 2019); and (3) AAFB the Secretary to be essential for the proposed coral critical habitat: (1) The Submerged Lands cover approximately conservation of the species. Regulations Navy’s Joint Region Marianas INRMP 26,500 acres of Submerged Lands on the at 50 CFR 424.12(b)(2) specify that we (JRM INRMP), finalized and signed in northern side of Guam (described in the will identify, at a scale determined to be 2019 (DoN, 2019); and (2) the Air JRM INRMP, Section 9.3, DoN, 2019). appropriate, specific areas outside the Force’s INRMP for Wake Island Air Each of the three INRMP marine areas geographical area occupied by the Field, Wake Atoll, Kokee Air Force includes extensive potential proposed species that are essential for its Station, Kauai, Hawaii, and Mt. Kaala critical habitat, as shown in Fig. 21 in conservation, considering the life Air Force Station, Oahu, Hawaii (Wake the Draft Information Report (NMFS, history, status, and conservation needs INRMP), finalized and signed in 2017 2019). Most or all of the potential of the species based on the best (USAF, 2017). The JRM INRMP is a proposed critical habitat within the available scientific data. composite of management plans for three INRMP marine areas includes both The threats to these seven corals many distinct DoD controlled areas in the substrate and water quality include ocean warming, ocean the Mariana Islands, including in Guam components of the essential feature of acidification, and other threats that are and CNMI (DoN, 2019). coral critical habitat (i.e., characteristics primarily caused by global climate Summaries of the analyses of whether of substrate and water quality support change (Brainard et al., 2011). We these two INRMPs are likely to benefit coral life history, including issued guidance in June 2016 on the the ESA-listed corals or their habitat in reproduction, recruitment, growth, and treatment of climate change uncertainty Guam and CNMI (JRM INRMP) and maturation), based on information in ESA decisions, which addresses Wake (Wake INRMP) are provided provided previously in the Guam critical habitat specifically (NMFS below, following the four considerations section of the Draft Information Report 2016). The guidance states that, when outlined in the 2016 guidance for the (NMFS, 2019), the Guam chapter of designating critical habitat, NMFS will 4(a)(3) and 4(b)(2) portions of critical PIFSC’s coral reef monitoring report for consider proactive designation of habitat designations (81 FR 7413; the Mariana archipelago (Brainard et al., unoccupied habitat as critical habitat February 11, 2016). These four 2012), and the INRMP (DoN, 2019). when there is adequate data to support considerations are: (1) The extent of the With regard to use of the area by the a reasonable inference that the habitat is area and essential feature present in the listed species, the listed coral Acropora essential for the conservation of the area; (2) The type and frequency of use globiceps occurs within each of the species because of the function(s) it is of the area by the listed species; (3) The three INRMP marine areas. Two other likely to serve as climate changes. relevant elements of the INRMP in terms listed coral species, Acropora retusa All seven of these species occur in the of management objectives, activities and Seriatopora aculeata, have been Coral Triangle, an area predicted to have covered, and best management recorded on Guam at one or two sites, rapid and severe impacts from climate practices, and the certainty that the and thus may also occur in one or more change. As a response to changing relevant elements will be implemented; of the three INRMP marine areas (DoN, conditions, these species may shift into and (4) The degree to which the relevant 2019). previously unoccupied habitats as they elements of the INRMP will protect the With regard to the relevant elements become more suitable and as other parts habitat (essential feature) from the types of the INRMP, and certainty that the of their range become less suitable in of effects that would be addressed relevant elements will be implemented, the future. However, the best through a destruction-or-adverse- the two parts of this step are addressed information available currently does not modification analysis. separately below. The relevant elements support a reasonable inference that of the JRM INRMP for each INRMP listed Indo-Pacific corals may expand JRM INRMP—Guam marine area include: (1) For the NBG into unoccupied areas within U.S. In Guam, the JRM INRMP Main Base Submerged Lands, the waters in the future due to changing encompasses three marine areas that INRMP includes a Coral Habitat climate conditions. In addition, coral overlap with areas proposed for coral Enhancement plan (Section 5.4.2.1), reef areas within U.S. jurisdiction critical habitat (hereafter ‘‘INRMP consisting of eight specific actions in provide no more than about 2 percent of marine areas’’): (1) Naval Base Guam— three categories: (1) Monitoring and each listed species’ total range. Without Main Base (NBG Main Base) Submerged adaptive management (3 actions), (2) further information, we cannot support Lands; (2) Naval Base Guam— collaboration with local partners (3 the notion that such a small area of Telecommunications Site (NBG TS) actions), and (3) reduction of vessel unoccupied habitat at the range margin Submerged Lands; and (3) Andersen Air impacts (2 actions); (2) for NBG TS is essential to the conservation of the Force Base (AAFB) Submerged Lands. A Submerged Lands, the INRMP includes species. summary of the analyses of whether the a Coral Habitat Enhancement plan INRMP is likely to benefit the habitat of (Section 8.4.2.1), consisting of a similar Application of ESA Section 4(a)(3)(B)(i) ESA-listed corals in each of these three set of eight specific actions as for NBG (Military Lands) INRMP marine areas is provided below, Main Base; and (3) for AAFB Submerged Section 4(a)(3)(B)(i) of the ESA summarized from the full analyses in Lands, the INRMP includes a Coral prohibits designating as critical habitat the Draft Information Report (NMFS, Habitat Enhancement plan (Section any lands or other geographical areas 2019). 9.4.2.1), consisting of a similar set of owned or controlled by the Department With regard to the extent of the area seven specific actions as for NBG Main of Defense (DoD), or designated for its and essential feature present: (1) The Base, except that there is less focus on

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reduction in vessel impacts because of listed in 2014, and were being done to Lands, and also occurs in the FDM the much lower vessel traffic there. improve conservation of marine Submerged Lands. One other listed NMFS concludes that the Navy will resources on the island, regardless of coral species, Acropora retusa, has been implement the relevant elements of the whether they were required by Federal recorded in the Tinian MLA Submerged JRM INRMP for the previously statute or not. Lands, but not in the FDM Submerged described three INRMP marine areas for The coral habitat enhancement Lands. No other listed corals have been three reasons: elements of the JRM INRMP described reported from either INRMP marine area (1) Clear and Recent Documentation— previously are expected to substantially (DoN, 2019; NMFS, 2019). the 2019 JRM INRMP includes Coral reduce the types of effects within the With regard to the relevant elements Habitat Enhancement plans for INRMP three INRMP marine areas in Guam that of the INRMP, and certainty that the marine areas in Guam, with clear would be addressed through the relevant elements will be implemented, strategies and actions that address the destruction-or-adverse-modification the two parts of this step are addressed habitat conservation needs of ESA-listed analysis. Navy would accomplish this separately below. The relevant elements corals within these areas. The JRM primarily by using the results of its own of the JRM INRMP for each INRMP INRMP’s Appendix D also includes monitoring program to develop and marine area include: (1) For the Tinian annual reports describing how coral implement management actions to MLA Submerged Lands, the INRMP conservation efforts have been enhance coral habitat and measures to includes a Coral Habitat Enhancement implemented in recent years. These new minimize the impacts of Navy’s (and plan, consisting three specific actions to coral habitat conservation plans, as well other DoD branches’) actions in Guam enhance coral habitat by monitoring as reports from recent years, clearly on coral habitat within the INRMP health and acute impacts (Section articulate how Navy is conserving coral marine areas, thereby benefiting listed 11.4.2.1; DoN, 2019); and (2) for the habitat within the INRMP marine areas corals and their habitat. FDM Submerged Lands, the INRMP in Guam, and how it will do so in the includes marine habitat management JRM INRMP—CNMI future. actions, consisting of surveys and (2) Demonstration of Good Faith In CNMI, the JRM INRMP mapping of ESA-listed corals, coral reef, Efforts for Listed Corals—the Navy has encompasses two marine areas that and other marine habitats within the already implemented coral habitat overlap with areas considered for coral area (Section 12.4.2; DoN, 2019). The conservation projects that are beneficial critical habitat: (1) The Tinian Marine INRMP also includes assessment of to ESA-listed corals within some INRMP Lease Area (Tinian MLA) Submerged ESA-listed corals, as required by the marine areas in Guam, as described in Lands; and (2) the Farallon de Medinilla 2015 biological opinion on the Navy’s the INRMP annual reports in the JRM (FDM) Submerged Lands (DoN, 2019). A Mariana Islands Testing and Training INRMP’s Appendix D (DoN, 2019a), and summary of the analyses of whether the program (Section 12.4.2.2; DoN, 2019). listed in the Draft Information Report. INRMP is likely to benefit the habitat of NMFS concludes that the Navy will Many of these projects have been ESA-listed corals in each of these two implement these relevant elements of ongoing for several years and are INRMP marine areas is provided below, the JRM INRMP for three reasons: proactive, in that they were not required summarized from the full analyses in (1) Clear and Recent Documentation— of the Navy by the ESA. For example, the Draft Information Report (NMFS, the 2019 JRM INRMP includes Coral in Fiscal Year 2018 (Oct-18 to Sep-19, 2019). Habitat Enhancement plans for INRMP FY18), the following coral habitat With regard to the extent of the area marine areas in CNMI (Tinian MLA, conservation projects were carried out and essential feature present: (1) The FDM Submerged Lands), with clear by the Navy within these waters: (1) 20 Tinian MLA Submerged Lands cover strategies and actions that address the mooring buoys were installed within approximately 47,500 acres surrounding habitat conservation needs of ESA-listed NBG Main Base submerged waters to the northern portion of Tinian corals within these areas. The JRM prevent anchoring on its coral reefs; (2) (described in the JRM INRMP, Section INRMP’s Appendix D also includes monitoring of the impacts of coral 11.3, DoN, 2019); (2) the FDM annual reports describing how coral bleaching and crown of thorns starfish Submerged Lands consists of conservation efforts have been on reef-building corals including listed approximately 25,000 acres surrounding implemented in recent years in INRMP species; (3) coral surveys of Apra Harbor FDM (described in the JRM INRMP, marine areas in CNMI. These new coral including listed species; (4) Section 12.3, DoN, 2019). Most or all of habitat conservation plans, as well as translocation of corals from a dredging the potential proposed critical habitat reports from recent years, clearly area within Apra Harbor (no listed within the two INRMP marine areas articulate how Navy is conserving coral corals); (5) water quality monitoring; includes both the substrate and water habitat within the INRMP marine areas and (6) environmental education and quality components of the essential in CNMI, and how it will do so in the outreach (DoN, 2019a, Appendix D, feature of coral critical habitat (i.e., future. FY18 Annual Report). Many of these characteristics of substrate and water (2) Demonstration of Good Faith projects have been ongoing for several quality support coral life history, Efforts for Listed Corals—the Navy has years and are proactive, in that they including reproduction, recruitment, already implemented coral projects that were not required of the Navy by the growth, and maturation), based on have the potential to benefit the habitat ESA. information provided in the Tinian and of ESA-listed corals within INRMP (3) History of Strong Conservation FDM sections of the Draft Information marina areas in CNMI (Tinian MLA, Work—the Navy has a long history of Report (NMFS, 2019), the Tinian and FDM Submerged Lands). For example, carrying out successful marine habitat FDM chapters of PIFSC’s coral reef coral species presence and abundance conservation work on Guam, and often monitoring report for the Mariana surveys were conducted within the takes the initiative on conservation archipelago (Brainard et al. 2012), and Tinian MLA in 2013 (DoN, 2014) and efforts whether requested by NMFS or the INRMP (DoN, 2019). 2017 (DoN, 2017), and around FDM in FWS or not. For example, many of the With regard to use of the area by the 2012 (Smith and Marx, 2016) and 2017 coral habitat conservation projects in listed species, the listed coral Acropora (Carilli et al., 2018). These surveys were the 2019 JRM INRMP had already been globiceps is distributed widely not required by the ESA, and have the started by the Navy before corals were throughout the Tinian MLA Submerged potential to benefit the habitat of ESA-

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listed corals by providing information coral critical habitat (i.e., characteristics outreach and education, in 2016 USAF needed to better protect these areas in of substrate and water quality support revised the Wake Island Dive Club the future. coral life history, including Charter to further reduce the potential (3) History of Strong Conservation reproduction, recruitment, growth, and impacts of recreational activities on Work—the Navy has a long history of maturation), based on information corals. For fisheries management, in carrying out successful marine habitat provided in the Wake section of the 2017 USAF updated its fishing rules, conservation work in the Mariana Draft Information Report (NMFS, 2019) which are part of the Wake Island Islands, and often takes the initiative on and the INRMP (USAF, 2017). Operating Guidance (PSRC 2017) to conservation efforts whether requested With regard to use of the area by the prohibit the use of (1) cast nets on the by NMFS or FWS or not. For example, listed species, the USFWS coral survey exterior of the atoll, (2) anchoring on many of the coral habitat conservation at Wake Atoll in August 2016 recorded coral reef habitat, and (3) and trolling projects in the 2019 JRM INRMP had colonies of both Acropora globiceps and over coral reef habitat. For physical DoD already been started by the Navy before A. retusa on the south side of Wake in presence on Wake Atoll, in 2016 USAF corals were listed in 2014, and were the vicinity of the three sites (USFWS, funded and provided logistical support being done to improve conservation of 2017; USAF, 2017). Thus, we assume for a FWS coral survey that documented marine resources on the island, that at least these two listed species two ESA-listed corals on the atoll for the regardless of whether they were occur throughout much of this INRMP first time. required by Federal statute or not. While marine area. No other listed corals have (3) History of Strong Conservation the great majority of these projects have been reported from Wake (USAF, 2017; Work—USAF has a long history of been implemented in Guam rather than NMFS, 2019). carrying out successful conservation CNMI, the JRM INRMP includes many With regard to the relevant elements work on Wake, and often takes the plans for CNMI (as noted previously), of the INRMP, and certainty that the initiative on conservation efforts and the same Navy office (Navy relevant elements will be implemented, whether requested by NMFS or FWS or Facilities Marianas) is responsible for the two parts of this step are addressed not. For example, many of the projects carrying out such work in both Guam separately below. The relevant element in the new INRMP’s coral conservation and CNMI. of the Wake INRMP is the coral strategy had already been started by The coral habitat enhancement conservation component that was added USAF before corals were listed in 2014, elements of the JRM INRMP described to the INMRP in 2017 (Appendix S, and were being done to improve previously are expected to substantially Coral Conservation Actions at Wake conservation of marine and terrestrial reduce the types of effects within the Atoll; USAF, 2017), which is made up resources on the atoll, regardless of two INRMP marine areas in CNMI that of four groups of actions, each of which whether they were required by Federal would be addressed through the include multiple projects: Water quality statute or not. Likewise, in 2016, USAF destruction-or-adverse-modification improvements (six projects), education funded and supported the FWS coral analysis. Navy would accomplish this and outreach (two projects), fisheries survey of the atoll, leading to the primarily by using the results of its own management (four projects), and discovery of two ESA-listed corals. In monitoring program to develop and physical DoD presence on Wake Atoll addition, USAF has historically been an implement management measures to (three projects; USAF, 2017). The excellent conservation partner with minimize the impacts of Navy’s (and actions and projects are described in NMFS and FWS, supporting a wide other DoD branches’) actions in CNMI detail in the Draft Information Report variety of marine and terrestrial on coral habitat within the INRMP (NMFS, 2019). conservation projects, and actively marine areas, thereby benefiting listed NMFS concludes that the Air Force engaging both agencies in the INRMP corals and their habitat. will implement these relevant elements planning and implementation process. of the Wake INRMP for three reasons: The coral conservation component of Wake INRMP (1) Clear and Recent Documentation— the Wake INRMP (Appendix S, Coral On Wake Atoll, the Wake INRMP the Wake INRMP includes a coral Conservation Actions at Wake Atoll; (USAF, 2017) encompasses the entire conservation plan (Appendix S) with a USAF, 2017) is expected to reduce both area considered for coral critical habitat, 4-pronged strategy (water quality direct and indirect impacts to listed as described and shown in the Draft improvement, outreach and education corals via minimization or avoidance of Information Report (NMFS, 2019). A for Wake-based staff, fisheries recreational impacts (fishing, diving, summary of the analyses of whether the management, and physical DoD anchoring), and terrestrial impacts (i.e., INRMP is likely to benefit the habitat of presence on Wake Atoll i.e., restriction run-off from land-based activities; ESA-listed corals in this INRMP marine of access and overall natural resource USAF, 2017). Thus, implementation of area is provided below, summarized management) that comprehensively the Wake INRMP is likely to provide from the full analyses in the Draft addresses the conservation needs of substantial protection to the essential Information Report (NMFS, 2019). ESA-listed corals on Wake Atoll. This feature of coral critical habitat With regard to the extent of the area new official coral conservation plan (reproductive, recruitment, growth, and and essential feature present, the Wake clearly articulates how USAF is maturation habitat) within the INRMP INRMP marine area includes nearly conserving corals on Wake, and how it marine area from the types of effects 500,000 acres of Submerged Lands and will do so in the future. that would be addressed through critical waters within the lagoon and (2) Demonstration of Good Faith habitat consultation, thereby benefiting surrounding the atoll out to 12 nautical Efforts for Listed Corals: USAF has listed corals and their habitat. miles from the mean low water line already implemented projects on Wake (USAF 2017), and thus includes all reef- for each of its 4-pronged coral 4(a)(3) Conclusion building corals and coral reefs conservation strategy, as explained in Based on the analyses summarized associated with the atoll. Most or all of Appendix S of the Wake INRMP. For previously and provided in the Draft the potential proposed critical habitat water quality improvement, in 2016 Information Report (NMFS, 2019), within the INRMP marine area includes USAF began implementation of both the implementation of the JRM INRMP both the substrate and water quality stormwater pollution prevention and (DoN, 2019) and the Wake INRMP components of the essential feature of invasive plant control projects. For (USAF, 2017) both are likely to benefit

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the habitats of ESA-listed coral species describing and evaluating impacts as we security impacts. Additionally, these within all INRMP marine areas on have for several recent critical habitat analyses describe broad categories of Guam, CNMI, and Wake. Thus, the rulemakings, as informed by our Policy project modifications that may reduce potential proposed coral critical habitat Regarding Implementation of Section impacts to the essential feature, and within the INRMP marine areas on 4(b)(2) of the ESA (81 FR 7226, February state whether the modifications are Guam, Tinian, FDM, and Wake are 11, 2016). likely to be solely a result of the critical ineligible for coral critical habitat. The The following sub-sections describe habitat designation or co-extensive with partial overlap of these INRMP marine the economic, national security, and another regulation, including the ESA areas with potential proposed coral other relevant impacts that we projected listing of the species. These analyses critical habitat are shown in Figures 21 would result from including the specific incorporate recent guidance provided in (Guam) and 22 (Tinian) of the Draft areas described previously in these the final rule on 4(b)(2) analyses (81 FR Information Report (NMFS, 2019). On proposed critical habitat designations. 7413 February 11, 2016). FDM and Wake, the INRMP marine We considered these impacts when Economic Impacts areas completely encompass all the deciding whether to exercise our potential proposed coral critical habitat, discretion to propose excluding Economic impacts of the critical as shown in Figures 11 (FDM) and 19 particular areas from the designation. habitat designations result through (Wake) of the Draft Information Report Both positive and negative impacts were implementation of section 7 of the ESA (NMFS, 2019). identified and considered (these terms in consultations with Federal agencies are used interchangeably with benefits to ensure their proposed actions are not Application of ESA Section 4(b)(2) and costs, respectively). Impacts were likely to destroy or adversely modify Section 4(b)(2) of the ESA requires evaluated in quantitative terms where critical habitat. These economic impacts that we consider the economic impact, feasible, but qualitative appraisals were may include both administrative and impact on national security, and any used where that is more appropriate. project modification costs. Economic other relevant impact, of designating The primary impacts of a critical impacts that may be associated with the any particular area as critical habitat. habitat designation result from the ESA conservation benefits of the Additionally, the Secretary has the section 7(a)(2) requirement that Federal designations are described later. discretion to consider excluding any agencies ensure that their actions are An economic impact analysis was area from critical habitat if (s)he not likely to result in the destruction or conducted in 2016 on the proposed determines that the benefits of exclusion adverse modification of critical habitat, coral critical habitat that projected (that is, avoiding some or all of the and that they consult with NMFS in annual economic impacts during the 10- impacts that would result from fulfilling this requirement. Determining year period 2016–2025, as described in designation) outweigh the benefits of these impacts is complicated by the fact section 5.1 of the Draft Information designation based upon the best that section 7(a)(2) also requires that Report. Due to a large number of scientific and commercial data Federal agencies ensure their actions are uncertainties, low-end and high-end available. The Secretary may not not likely to jeopardize the species’ estimates of economic impacts were exclude an area from designation if continued existence. One incremental developed in terms of the incremental exclusion will result in the extinction of impact of designation is the extent to cost of implementing coral critical the species. Because the authority to which Federal agencies modify their habitat in addition to the cost of section exclude is discretionary, exclusion is proposed actions to ensure that they are 7 consultations without critical habitat. not required for any particular area not likely to destroy or adversely modify A key uncertainty in estimating the under any circumstances. the critical habitat beyond any economic impacts of coral critical The ESA provides the U.S. Fish and modifications they would make because habitat is the lack of critical habitat for Wildlife Service (USFWS) and NMFS of listing and the jeopardy requirement. any marine species in the affected areas, (the Services) with broad discretion in When the same modification would be which means that the historic record of how to consider impacts. (See, H.R. Rep. required due to impacts to both the section 7 consultations in these areas No. 95–1625, at 17, reprinted in 1978 species and critical habitat, the impact does not provide a good predictor of U.S.C.C.A.N. 9453, 9467 (1978). of the designation is co-extensive with either the future number of total Economics and any other relevant the ESA listing of the species (i.e., consultations, or the proportion of impact shall be considered by the attributable to both the listing of the formal vs. informal consultations Secretary in setting the limits of critical species and the designation critical resulting from coral critical habitat. habitat for such a species. The Secretary habitat). To the extent possible, our Consequently, there is a very large is not required to give economics or any analysis identified impacts that were difference between the low-end and other relevant impact predominant incremental to the proposed high-end economic impact estimates. consideration in his specification of designations of critical habitat, meaning Low-end total incremental costs critical habitat. The consideration and those impacts that are over and above resulting from the listed corals’ critical weight given to any particular impact is impacts attributable to the species’ habitat are estimated at just under completely within the Secretary’s listing or any other existing regulatory $350,000 over ten years, with an discretion.). Courts have noted the ESA protections. Relevant, existing annualized cost of approximately does not contain requirements for any regulatory protections (including the $50,000. High-end total incremental particular methods or approaches. (See, species’ listing) are referred to as the costs are estimated at more than $13 e.g., Bldg. Indus. Ass’n of the Bay Area ‘‘baseline’’ and are also discussed in the million over 10 years, with an et al. v. U.S. Dept. of Commerce et al., following sections. annualized cost of approximately $1.9 No. 13–15132 (9th Cir., July 7, 2015), The following economic and national million, although this number is upholding district court’s ruling that the security impact analyses describe unrealistic, as explained below (Draft ESA does not require the agency to projected future Federal activities that Information Report, section 5.1). follow a specific methodology when would trigger section 7 consultation The high-end estimate is 40 times designating critical habitat under requirements because they may affect higher than the low-end estimate section 4(b)(2)). For this proposed rule, the essential feature, and consequently primarily because of the assumption we followed the same basic approach to may result in economic or national that critical habitat would result in all

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future coral consultations being formal, to be much closer to the low-end than site is excluded from critical habitat. If and that the resulting biological the high-end scenario, with benefits to the conservation of the listed opinions would require modifications to corresponding reduction of potential species outweigh impacts to national all activities that would not be required economic benefits. However, we cannot security, the site is not excluded from in the absence of critical habitat. Critical quantify the anticipated level of critical habitat. The full analysis of habitat could only have a high-end level economic benefits. impacts vs. benefits is provided in the Draft Information Report (NMFS, 2019), of economic impact if (1) all managed National Security Impacts areas such as navigation channels, and summarized below. The decision to harbors, and marinas are included in When a 4(b)(2) exclusion analysis is exclude any sites from a designation of critical habitat, as this is where the undertaken, the Secretaries are to critical habitat is always at the action areas for most activities requiring determine if the benefits of exclusion discretion of NMFS. In no consultation would be located; and (2) outweigh the benefits of inclusion for a circumstances is an exclusion of any the action areas contain the essential particular area. If so, they may exclude site required by the ESA (81 FR 7226, feature but not the listed corals, so that area, unless they determine that the February 11, 2016). formal consultation would be required exclusion will result in the extinction of For the Navy’s Ritidian Point Surface solely because of critical habitat. the species concerned. When DoD, DHS, Danger Zone complex, we conclude that However, managed areas are not or another Federal agency requests the impacts to national security of included in the proposed critical exclusion from critical habitat on the including this area within critical habitat, as explained in the Specific basis of national-security or homeland habitat outweigh the conservation Areas Containing the Essential Features security impacts, it must provide a benefits of designation, thus we propose Within the Geographical Areas reasonably specific justification of an to exclude the site from coral critical Occupied by the Species section incremental impact on national security habitat designation. The full rationale (although they were included in the that would result from the designation for excluding this site is provided in the economic impact analysis because that of that specific area as critical habitat. Draft Information Report, section 5.2.1. analysis began in 2015 before managed That justification could include The most important factors supporting areas were excluded), thereby demonstration of probable impacts, this exclusion are that this area is a minimizing incremental impacts. In such as impacts to ongoing border unique and important place for DoD addition, a comparison of the projected security, patrols and surveillance activities, and the consultation activities, or a delay in training or annual Section 7 formal consultations in requirements for critical habitat would facility construction, as a result of 2016–2025 vs. the actual formal place new demands on DoD both in compliance with section 7(a)(2) of the consultations that occurred in 2016– terms of the consultation process as well Act. 2019 found that projected consultations as potential modifications to the DoD If the agency provides a reasonably activities. The benefits of designating were three times higher than actual specific justification, we will defer to consultations (NMFS, 2019, section 5.1). this low-use and remote habitat is the expert judgment of DoD, DHS, reduced somewhat by the protections Thus, the likely economic impact of another Federal agency as to: (1) coral critical habitat is likely to be much already afforded to some of the Whether activities on its lands or characteristics of the essential feature, closer to the low-end estimate than the waters, or its activities on other lands or high-end estimate. and because DoD use of this area is waters, have national security or likely to discourage other Federal Many studies describe the economic homeland security implications; (2) the activities that may otherwise require benefits of corals and coral reefs, such importance of those implications; and consultation. While DoD must still as fisheries, recreation, protection of (3) the degree to which the cited ensure that activities in this area are not coastal areas by reefs, and many others, implications would be adversely likely to jeopardize the continued as described in Appendix B of the Draft affected in the absence of an exclusion. existence of listed corals, the exclusion Information Report (NMFS, 2019). By In that circumstance, in conducting a of this area means DoD will not be furthering the conservation of the discretionary 4(b)(2) exclusion analysis, required to consult to insure that its habitat of the listed coral species and we will give great weight to national- activities are not likely to adversely associated coral reef species, the critical security and homeland-security modify habitat or essential features habitat designations has the potential to concerns in analyzing the benefits of within this area. Based on our best contribute to such economic benefits. exclusion. scientific judgment and acknowledging The extent of the potential economic Outside of the JRM and Wake INRMP the small size of this area, and other benefits of coral critical habitat depends marine areas described in the 4(a)(3) safeguards that are in place (e.g., on the level of additional protection section, four sites were requested for protections already afforded listed provided. For example, certain activities exclusion by DoD or USCG based on corals under its listing and other such as dredging of navigation channels national security impacts, one in Guam regulatory mechanism), we conclude permitted by the U.S. Army Corps of and three in CNMI: The portion of the that exclusion of this area will not result Engineers (USACE) may be subject to Navy’s Ritidian Point Surface Danger in the extinction of the species. project modifications to avoid adverse Zone Complex outside of DoD For the USCG’s Tinian anchorages modification of critical habitat. These Submerged Lands on Guam, two USCG (i.e., Explosives Anchorages A and B on modifications would provide better anchorages on Tinian, and a system of Tinian), we conclude that the protection of corals and coral reefs that six Navy anchorage berths on Saipan. conservation benefits of designation may then provide economic benefits. For each of these four sites, the impacts outweigh the impacts to national Although the proportion of USACE- to national security of designating the security of including this area within permitted activities that would be site as critical habitat were weighed critical habitat, and therefore the subject to modifications ranges from against the benefits to the conservation anchorages are not excluded from coral zero (low-end scenario) to of listed corals of designating the site as critical habitat designation. The full approximately 85 percent (high-end critical habitat. If impacts to national rationale for not excluding this site is scenario), as described previously, we security outweigh benefits to provided in the Draft Information anticipate the actual economic impacts conservation of the listed species, the Report, section 5.2.2. The factors

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supporting denial of this exclusion modifications at this site would result in (e.g., recreation, such as viewing the request are that: (1) Coral critical habitat substantial national security impacts. species while snorkeling or diving) or would not create a new consultation Conservation benefits of including the indirect (e.g., reef fishing that is requirement for USCG at these sites in site in critical habitat could be supported by the presence of healthy addition what is already required by the substantial because the site has high reef ecosystems) use for the species. fact that some corals on Tinian are listed quality and quantity of the essential (2) Ecosystem service benefits of coral as threatened under the ESA; (2) even if feature with high potential to aid in the reef conservation, in general: Overall, coral critical habitat would create a new conservation of listed corals, for which coral reef ecosystems, including those consultation requirement for USCG at critical habitat consultation could comprising populations of the seven these site, USCG did not provide provide significant protection. However, corals, provide important ecosystem enough information to demonstrate how no listed corals have been recorded services of value to individuals, national security would be impacted if within any of the six anchorage berths. communities, and economies. These critical habitat is designated in these While DoD must still insure that include recreational opportunities (and areas; (3) the majority of the areas activities in this area are not likely to associated tourism spending in the within the Tinian anchorages are jeopardize the continued existence of regional economy), habitat and nursery already ineligible for critical habitat due listed corals, the exclusion of this area functions for recreationally and to overlap with the Tinian Marine Lease means DoD will not be required to commercially valuable fish species, Area, and most of the remaining areas consult to insure that its activities are shoreline protection in the form of wave of the two anchorages are shallow not likely to adversely modify habitat or attenuation and reduced beach erosion, nearshore areas that provide no essential features within this area. Based and climate stabilization via carbon anchorage; (4) the portions of the on our best scientific judgment and sequestration. The total annual anchorages that lie outside of the Tinian acknowledging the small size of this economic value of coral reefs in U.S. Marine Lease Area (i.e., those areas that area, and other safeguards that are in Pacific Islands jurisdictions in 2012 has are still eligible for coral critical habitat) place (e.g., protections already afforded been summarized as: (1) American have no protection other than EFH; and listed corals under its listing and other Samoa—$12 million/year, (2) Guam— (5) the portions of the anchorages that regulatory mechanism), we conclude $155 million/year, and (3) CNMI—$72 lie outside of the Tinian Marine Lease that exclusion of this area will not result million/year (Brander and Van contain high quality coral habitat. in the extinction of the species. Beukering, 2013). Efforts to conserve the seven corals also benefit the broader reef For the six Navy anchorage berths (L– Other Relevant Impacts ecosystems, thereby preserving or 19, L–32, L–44, L–47, L–62, and M–16) We identified three broad categories improving these ecosystem services and within the Saipan Military of other relevant impacts of this values. Prepositioned Squadron Anchorages proposed critical habitat: Conservation Conservation benefits to each coral in site, we conclude that the impacts to benefits, both to the species and to all their specific areas are expected to national security of including these sites society; impacts on governmental or result from the designations. Critical within critical habitat outweigh the private entities that are implementing habitat most directly influences the conservation benefits of designation, existing management plans that provide recovery potential of the species and and thus the six berths are proposed for benefits to the listed species; and protects coral reef ecosystem services exclusion from coral critical habitat educational and awareness benefits. through its implementation under designation. The full rationale for section 7 of the ESA. That is, these Conservation Benefits proposing to exclude this site is benefits stem from the implementation provided in the Draft Information The primary benefit of critical habitat of project modifications undertaken to Report, section 5.2.3. The most designation is the contribution to the avoid destruction and adverse important factor supporting this conservation and recovery of the seven modification of critical habitat. exclusion is that coral critical habitat corals. That is, in protecting the features Accordingly, critical habitat designation would create a new consultation essential to the conservation of the is most likely to generate the benefits requirement for the Navy at these sites species, critical habitat directly discussed in those areas expected to be in addition to what is already required contributes to the conservation and subject to additional recommendations by the fact that some corals on Saipan recovery of the species. This analysis for project modifications (above and are listed as threatened under the ESA. contemplates three broad categories of beyond any conservation measures that The subsequent formal consultation benefits of critical habitat designation: may be implemented in the baseline due would cause project delays and (1) Increased probability of to the listing status of the species or for modifications that would impact the conservation and recovery of the seven other reasons). In addition, critical Military Sealift Command’s mission, corals: The most direct benefits of the habitat designation may generate which is to provide logistics support to critical habitat designations stem from ancillary environmental improvements distant Navy, USMC, Army, and Air the enhanced probability of and associated ecosystem service Force military forces for a wide range of conservation and recovery of the seven benefits (i.e., to commercial fishing and national security related activities. The corals. From an economics perspective, recreational activities) in areas subject circumstances range from a rise in the appropriate measure of the value of to incremental project modifications. military tensions with other nations to this benefit is people’s ‘‘willingness-to- While neither benefit can be directly the ability of the U.S. Government to pay’’ for the incremental change. While monetized, existing information on the respond to attacks on U.S. forces, the the existing economics literature is value of coral reefs provides an territory and people of the United insufficient to provide a quantitative indication of the value placed on those States, and U.S. allies. The ability of the estimate of the extent to which people ecosystems. prepositioning fleet to provide a value incremental changes in recovery (3) Education and Awareness Benefits response to a threat to the U.S. requires potential, the literature does provide that May Result from the Designations: quick transport and delivery of evidence that people have a positive There is the potential for education and weapons, fuel, and supplies to U.S. preference for listed species awareness benefits arising from the military forces; thus delays and conservation, even beyond any direct critical habitat designations. This

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potential stems from two sources: (1) these consultations. Negative impacts to outweigh benefits, and the site is Entities that engage in section 7 these entities could result if the critical excluded from proposed critical habitat. consultation and (2) members of the habitat designation interferes with these For the Saipan anchorage berths, as general public interested in coral agencies’ ability to provide for the summarized in the National Security conservation. The former potential conservation of the species, or otherwise Impacts section, substantial national exists from parties who alter their hampers management of these areas. security impacts would be expected activities to benefit the species or Existing or proposed management plans because formal consultation on essential feature because they were in the marine protected areas and their anchoring would result in delays or made aware of the critical habitat associated regulations protect existing changes to critical DoD activities at the designation through the section 7 coral reef resources, but they may not site. Conservation benefits are expected consultation process. The latter may specifically protect the substrate and to be substantial because the site has engage in similar efforts because they water quality feature for purposes of high quality and quantity of the learned of the critical habitat increasing listed coral abundance and essential feature with high potential to designations through outreach eventual recovery. aid in the conservation of listed corals, materials. For example, NMFS has been However, most of these Federal for which critical habitat consultation contacted by diver groups in the Florida marine protected areas are still could provide significant protection. In Keys who are specifically seeking the developing management plans, addition, non-DoD Federal actions may two ESA-listed Caribbean Acropora especially the larger ones that include be proposed within the site, and critical corals on dives and report those the most potential coral critical habitat habitat would address a unique locations to NMFS, thus assisting us in (e.g., the National Marine Monuments), management challenge for listed corals planning and implementing coral thus it is not possible to determine at at the site. However, because of the conservation and management activities this time if and how they would be substantial national security impacts, for those listed species. In our subject to Section 7 consultation due to we conclude that impacts outweigh experience, designation raises the potential effects on coral critical habitat. benefits, thus the site is excluded from public’s awareness that there are special Therefore, it is not possible to determine proposed critical habitat. considerations to be taken within the at this time if and how the management While at this time we are not area. of Federal marine protected areas in the proposing to exclude the USCG’s Tinian Similarly, state and local governments Pacific Islands would be impacted by anchorages (i.e., Explosives Anchorages may be prompted to enact laws or rules coral critical habitat. A and B on Tinian) due to a lack of to complement the critical habitat information demonstrating how national Discretionary Exclusions Under Section designations and benefit the listed security would be impacted if critical 4(b)(2) corals. Those laws would likely result in habitat is designated in these areas. additional impacts of the designations. We are not exercising our discretion NMFS will take comments on and However, we are unable to quantify the to consider exclusions based on reconsider its decision as it pertains to beneficial effects of the awareness economic impacts. As summarized in this area consistent with the weighing gained through, or the secondary the Economic Impacts section, low-end factors, and provide final exclusion impacts from state and local regulations total incremental costs resulting from determinations for this request in the resulting from the critical habitat the listed corals’ critical habitats are final rule. designation. estimated at just under $350,000 over 10 We are not proposing to exclude any years, with an annualized cost of particular area based on other relevant Impacts to Governmental and Private approximately $50,000. High-end total impacts. Other relevant impacts include Entities With Existing Management incremental costs are estimated at more conservation benefits of the Plans Benefitting the Essential Features than $13 million over 10 years, with an designations, both to the species and to Many previous critical habitat impact annualized cost of approximately $1.9 society. Because the feature that forms analyses evaluated the impacts of the million. However, the likely economic the basis of the critical habitat designation on relationships with, or the impact of coral critical habitat is likely designations is essential to the efforts of, private and public entities to be much closer to the low-end conservation of the seven threatened involved in management or estimate than the high-end estimate. corals, the protection of critical habitat conservation efforts benefiting listed We are proposing to exclude two from destruction or adverse species. These analyses found that the particular areas from critical habitat on modification may at minimum prevent additional regulatory layer of a the basis of national security impacts: loss of the benefits currently provided designation could negatively impact the The Navy’s Ritidian Point Surface by the species and their habitat, and conservation benefits provided to the Danger Zone complex in Guam, and the may contribute to an increase in the listed species by existing or proposed Navy’s six anchorage berths within the benefits of these species to society in the management or conservation plans. Saipan Military Prepositioned Squadron future. While we cannot quantify nor There are a large number of Federal Anchorages. For the Ritidian Point monetize the benefits, we believe they marine protected areas in American Surface Danger Zone complex, as are not negligible and would be an Samoa, Guam, CNMI, and the PRIA summarized in the National Security incremental benefit of these where coral critical habitat is being Impacts section, substantial national designations. considered (Draft Information Report, security impacts would be expected Appendix B). Impacts of critical habitat because consultation requirements for Proposed Critical Habitat Designations designation on the agencies responsible critical habitat would place new Critical habitat must be defined by for natural resource management demands on DoD both in terms of the specific limits using reference points planning of these areas depend on the consultation process as well as potential and lines as found on standard type and number of Section 7 modifications to the DoD activities. topographic maps of the area, and consultations that may result from the Conservation benefits are expected to be cannot use ephemeral reference points designation in the areas covered by low because very few Federal activities (50 CFR 424.12(c)). When several those plans, as well as any potential are likely to be proposed within this habitats, each satisfying the project modifications recommended by site. Thus, we conclude that impacts requirements for designation as critical

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habitat, are located in proximity to one (6) Rota: All waters 0–20 m depth habitat. During the consultation, NMFS another, an inclusive area may be around Rota Island, except the areas would evaluate the agency action to designated as critical habitat (50 CFR specified in section (d) of the regulatory determine whether the action may 424.12(d)). text below. adversely affect listed species or critical The habitat containing the physical or (7) Aguijian: All waters 0–20 m depth habitat and issue its findings in a biological feature that is essential to the around Aguijian Island, except as biological opinion. If NMFS concludes conservation of the seven threatened specified in section (d) of the regulatory in the biological opinion that the agency Indo-Pacific corals and that may require text below. action would likely result in the special management considerations or (8) Tinian and Tatsumi Reef: All destruction or adverse modification of protection, is marine habitat of waters 0–20 m depth around Tinian and critical habitat, NMFS would also particular depths for each species in Tatsumi Reef, except the areas specified recommend any reasonable and prudent American Samoa, Guam, CNMI, and in section (d) of the regulatory text alternatives to the action. Reasonable PRIA. The boundaries of each of the 19 below. and prudent alternatives are defined in specific areas that were considered for (9) Saipan and Garapan Bank: All 50 CFR 402.02 as alternative actions proposed coral critical habitat were waters 0–40 m depth around Saipan and identified during formal consultation determined by the process described in Garapan Bank, except the areas that can be implemented in a manner the Specific Areas section of the Draft specified in section (d) of the regulatory consistent with the intended purpose of Information Report (NMFS, 2019) and text below, and the national security the action, that are consistent with the summarized previously. Each specific exclusion (six Navy berths) specified in scope of the Federal agency’s legal area provides critical habitat for the one section (e) of the regulatory text below. authority and jurisdiction, that are to six listed species known to occur in (10) Anatahan: All waters 0–20 m economically and technologically that area (see Table 1). After applying depth around Anatahan Island, except feasible, and that would avoid the the 4(a)(3) analysis, the entireties of the as specified in section (d) of the destruction or adverse modification of regulatory text below. FDM and Wake Units were found to be critical habitat. ineligible for critical habitat, leaving the (11) Pagan: All waters 0–20 m depth Regulations at 50 CFR 402.16 require 17 specific areas described below. Of around Pagan Island, except as specified Federal agencies that have retained those, portions of the Guam and Tinian in section (d) of the regulatory text discretionary involvement or control Units were also found to be ineligible below. over an action, or where such after applying the 4(a)(3) analysis. In (12) Maug Islands and Supply Reef: discretionary involvement or control is addition, after applying the 4(b)(2) All waters 0–20 m depth around Maug authorized by law, to reinitiate analysis, one site in the Guam Unit (the Islands and Supply Reef, except as consultation on previously reviewed Navy’s Ritidian Point Surface Danger specified in section (d) of the regulatory Zone complex), and one site in the text below. actions in instances in which (1) critical (13) Howland Island: All waters 0–10 Saipan Unit (a group of six Navy berths: habitat is subsequently designated, or m depth around Howland Island, except L–19, L–32, L–44, L–47, L–62, and M– (2) new information or changes to the as specified in section (d) of the 16)) were excluded from critical habitat. action may result in effects to critical regulatory text below. habitat not previously considered in the Occupied Critical Habitat Unit (14) Palmyra Atoll: All waters 0–20 m biological opinion. Consequently, some Descriptions depth around Palmyra Atoll, except the Federal agencies may request areas specified in section (d) of the The 17 units of proposed coral critical reinitiation of consultation or regulatory text below. habitat are briefly described below. conference with NMFS on actions for (15) Kingman Reef: All waters 0–40 m Detailed descriptions and maps are which formal consultation has been depth around Kingman Reef, except as provided in the regulatory text: completed, if those actions may specified in section (d) of the regulatory (1) Tutuila and Offshore Banks: All adversely modify or destroy designated text below. critical habitat or adversely modify or waters from 0–40 m depth around (16) Johnston Atoll: All waters 0–10 m Tutuila and Offshore Banks, except the destroy proposed critical habitat, depth around Johnston Atoll, except the respectively. areas specified in section (d) of the areas specified in section (d) of the regulatory text below. regulatory text below. Activities subject to the ESA section (2) Ofu and Olosega: All waters 0–20 (17) Jarvis Island: All waters 0–10 m 7 consultation process include activities m depth around Ofu and Olosega depth around Jarvis Island, except as on Federal lands or conducted by a Islands, except the areas specified in specified in section (d) of the regulatory Federal agency, and activities requiring section (d) of the regulatory text below. text below. a permit from a Federal agency or some (3) Ta‘u: All waters 0–20 m depth other Federal action, including funding. around Ta‘u Island, except the areas Effects of Critical Habitat Designations In the marine and aquatic environments, specified in section (d) of the regulatory Section 7(a)(2) of the ESA requires activities subject to the ESA section 7 text below. Federal agencies, including NMFS, to consultation process include activities (4) Rose Atoll: All waters 0–20 m ensure that any action authorized, in Federal waters and in state waters depth around Rose Atoll, except the funded, or carried out by the agency that (1) have the potential to affect listed areas specified in section (d) of the does not jeopardize the continued species or critical habitat, and (2) are regulatory text below. existence of any threatened or carried out by a Federal agency, need a (5) Guam: All waters from 0–40 m endangered species or destroy or permit or license from a Federal agency, depth around Guam and Offshore adversely modify designated critical or receive funding from a Federal Banks, except the areas specified in habitat. When a species is listed or agency. ESA section 7 consultation section (d) of the regulatory text below, critical habitat is designated, Federal would not be required for Federal and the national security exclusion agencies must consult with NMFS on actions that do not affect listed species (Ritidian Point Surface Danger Zone any agency actions to be conducted in or critical habitat and for actions that complex) specified in section (e) of the an area where the species is present and are not federally funded, authorized, or regulatory text below. that may affect the species or its critical carried out.

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Activities That May Be Affected areas adjacent to dredged channels, policies or private sector decisions.’’ Section 4(b)(8) of the ESA requires nearshore placement areas); other areas The Bulletin provides agencies broad that we describe briefly, and evaluate in not included and excluded; the discretion in determining the any proposed or final regulation to identified geographic areas and depths appropriate process and level of peer designate critical habitat, those occupied by the species; the physical review. Stricter standards were activities that may adversely modify and biological feature essential to the established for the peer review of such habitat or that may be affected by coral species’ conservation and ‘‘highly influential scientific such designation. As described in our identification; and the Economic Impact information,’’ defined as information Draft Information Report, a wide variety Analysis and Initial Regulatory whose ‘‘dissemination could have a Flexibility Analysis (Appendices B and of Federal activities may require ESA potential impact of more than $500 C of the Draft Information Report; section 7 consultation because they may million in any one year on either the NMFS, 2019) related to the low and affect the essential feature of critical public or private sector or that the high end estimates and any other costs habitat. Specific future activities will dissemination is novel, controversial, or that may be borne by small businesses need to be evaluated with respect to precedent-setting, or has significant directly. You may submit your their potential to destroy or adversely interagency interest.’’ comments and materials concerning this modify critical habitat, in addition to The information in the Draft proposal by any one of several methods their potential to affect and jeopardize Information Report (NMFS, 2019) (see ADDRESSES). Copies of the proposed the continued existence of listed supporting this proposed critical habitat rule and supporting documentation are species. For example, activities may rule is considered influential scientific available at https:// information and is subject to peer adversely modify the essential feature www.fisheries.noaa.gov/action/ by removing or altering the substrate or review. To satisfy our requirements proposed-rule-designate-critical-habitat- under the OMB Bulletin, we obtained reducing water clarity through turbidity. threatened-indo-pacific-corals, at These activities would require ESA independent peer review of the www.regulations.gov, or upon request information used to draft this document section 7 consultation when they are (see FOR FURTHER INFORMATION CONTACT). authorized, funded, or carried out by a and incorporated the peer review We will consider all comments comments into this draft prior to Federal agency. Private entities may also pertaining to this designation received be affected by these proposed critical dissemination of this proposed during the comment period in preparing rulemaking. For this action, compliance habitat designations if they are the final rule. Accordingly, the final undertaking a project that requires a with the OMB Peer Review Bulletin designation may differ from this satisfies any peer review requirements Federal permit or receives Federal proposal. funding. under the 1994 joint peer review policy. Categories of activities that may be Information Quality Act and Peer Comments received from peer reviewers affected by the designations include Review are available at https:// www.fisheries.noaa.gov/action/ coastal and in-water construction, The data and analyses supporting this proposed-rule-designate-critical-habitat- channel dredging, beach nourishment proposed action have undergone a pre- threatened-indo-pacific-corals, at and shoreline protection, water quality dissemination review and have been www.regulations.gov, or upon request management, protected area determined to be in compliance with (see FOR FURTHER INFORMATION CONTACT). management, fishery management, applicable information quality aquaculture, military activities, guidelines implementing the Classification shipwreck removal, scientific research Information Quality Act (section 515 of and monitoring, and contaminants Pub. L. 106–554). On July 1, 1994, a Takings (Executive Order 12630) regulation. Further information is joint USFWS/NMFS policy for peer Under E.O. 12630, Federal agencies provided in our Draft Information review was issued stating that the must consider the effects of their actions Report (NMFS, 2019). Questions Services would solicit independent peer on constitutionally protected private regarding whether specific activities review to ensure the best biological and property rights and avoid unnecessary will constitute destruction or adverse commercial data is used in the takings of property. A taking of property modification of critical habitat should development of rulemaking actions and includes actions that result in physical be directed to us (see ADDRESSES and recovery plans under the ESA (59 FR invasion or occupancy of private FOR FURTHER INFORMATION CONTACT). 34270). In addition, on December 16, property, and regulations imposed on 2004, the Office of Management and private property that substantially affect Public Comments Solicited Budget (OMB) issued its Final its value or use. In accordance with E.O. We request that interested persons Information Quality Bulletin for Peer 12630, this proposed rule would not submit comments, information, and Review (Bulletin). The Bulletin was have significant takings implications. A suggestions concerning this proposed published in the Federal Register on takings implication assessment is not rule during the comment period (see January 14, 2005 (70 FR 2664), and went required. DATES). We are soliciting comments or into effect on June 16, 2005. The suggestions from the public, other primary purpose of the Bulletin is to Executive Order 12866, Regulatory concerned governments and agencies, improve the quality and credibility of Planning and Review, and Executive the scientific community, industry, or scientific information disseminated by Order 13771, Reducing Regulation and any other interested party concerning the Federal government by requiring Controlling Regulatory Costs this proposed rule, including any peer review of ‘‘influential scientific This rule has been determined to be foreseeable economic, national security, information’’ and ‘‘highly influential significant for purposes of E.O. 12866 or other relevant impact resulting from scientific information’’ prior to public review. This proposed rulemaking is the proposed designations. We dissemination. ‘‘Influential scientific expected to be considered ‘‘regulatory’’ specifically are seeking comments on: information’’ is defined as ‘‘information under E.O. 13771. Areas we are proposing for exclusion, the agency reasonably can determine Low-end total incremental costs including but not limited to the types of will have or does have a clear and resulting from the listed corals’ critical areas that qualify as managed area (e.g., substantial impact on important public habitat are estimated at just under

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$350,000 over ten years, with an of Commerce policies and consistent we have not prepared a Statement of annualized cost of approximately with ESA regulations at 50 CFR Energy Effects. $50,000. High-end total incremental 424.16(c)(1)(ii), we will request Regulatory Flexibility Act (5 U.S.C. 601 costs are estimated at more than $13 information for this proposed rule from et seq.) million over 10 years, with an Territorial resource agencies in annualized cost of approximately $1.9 American Samoa, Guam, and the CNMI. We prepared an Initial Regulatory million (Appendix B of the Draft The proposed designations may have Flexibility Analysis (IRFA) pursuant to Information Report; NMFS, 2019). The some benefit to state and local resource section 603 of the Regulatory Flexibility high-end estimate is 40 times higher agencies in that the proposed rule more Act (RFA) (5 U.S.C. 601, et seq.). The than the low-end estimate primarily clearly defines the physical and IRFA analyzes the impacts to those because of the assumption that critical biological feature essential to the areas where critical habitat is proposed, habitat would result in all future coral conservation of the species and the and is included as Appendix C of the consultations being formal, and that the areas on which that feature is found. Draft Information Report (NMFS, 2019), resulting biological opinions would which is available at https:// Energy Supply, Distribution, and Use require modifications to all activities www.fisheries.noaa.gov/action/ (Executive Order 13211) that would not be required in the proposed-rule-designate-critical-habitat- absence of critical habitat. Critical Executive Order 13211 requires threatened-indo-pacific-corals, at habitat could only have a high-end level agencies to prepare Statements of www.regulations.gov, or upon request of economic impact if (1) all managed Energy Effects when undertaking an (see FOR FURTHER INFORMATION CONTACT). areas such as navigation channels, action expected to lead to the The IRFA is summarized below, as harbors, and marinas are included in promulgation of a final rule or required by section 603 of the RFA. The critical habitat, as this is where the regulation that is a significant regulatory IRFA describes the economic impact action areas for most activities requiring action under E.O. 12866 and is likely to this proposed rule, if adopted, would consultation would be located; and (2) have a significant adverse effect on the have on small entities. the action areas contain the essential supply, distribution, or use of energy. Consultations on in-water and coastal feature but not the listed corals, so OMB Guidance on Implementing E.O. construction and dredging and disposal formal consultation would be required 13211 (July 13, 2001) states that (as determined by the 4(b)(2) economic solely because of critical habitat. significant adverse effects could include impact analysis in Appendix B of the However, managed areas are not any of the following outcomes draft Information Report) all have the included in the proposed critical compared to a world without the potential to involve third parties, such habitat, as explained in the Specific regulatory action under consideration: as recipients of Clean Water Act section Areas Containing the Essential Features (1) Reductions in crude oil supply in 404 permits. These activities were Within the Geographical Areas excess of 10,000 barrels per day; (2) combined into one broad industry Occupied by the Species section, reductions in fuel production in excess category that may experience impacts to thereby minimizing incremental of 4,000 barrels per day; (3) reductions small entities: In-Water and Coastal impacts. In addition, a comparison of in coal production in excess of 5 million Construction and Dredging. This IRFA the projected annual Section 7 formal tons per year; (4) reductions in natural relies on the estimated incremental consultations in 2016–2025 vs. the gas production in excess of 25 million impacts resulting from the proposed actual formal consultations that cubic feet per year; (5) reductions in critical habitat designation, as described occurred in 2016–2019 found that electricity production in excess of 1 in the 4(b)(2) economic impact analysis projected consultations were three times billion kilowatt-hours per year or in in Appendix B of the Draft Information higher than actual consultations (NMFS, excess of 500 megawatts of installed Report (NMFS, 2019). To be consistent 2019, section 5.1). Thus, the likely capacity; (6) increases in energy use with this analysis, the IRFA provides economic impact of coral critical habitat required by the regulatory action that low-end and high-end estimates of the is likely to be much closer to the low- exceed any of the thresholds previously impacts to small entities. end estimate than the high-end estimate. described; (7) increases in the cost of The low-end estimate assumes no A Draft Economic Report (Appendix B energy production in excess of one incremental project modifications occur of the Draft Information Report; NMFS, percent; (8) increases in the cost of because baseline permit conditions and 2019) and Draft ESA Section 4(b)(2) energy distribution in excess of one regulations would provide sufficient Report (the 4(b)(2) section of the Draft percent; or (9) other similarly adverse protection to avoid adverse modification Information Report; NMFS, 2019) have outcomes. A regulatory action could of critical habitat. Impacts to small been prepared to support the exclusion also have significant adverse effects if it entities would be due solely to the process under section 4(b)(2) of the ESA (1) adversely affects in a material way additional administrative costs of and our consideration of alternatives to the productivity, competition, or prices considering the potential for adverse this rulemaking. These supporting in the energy sector; (2) adversely affects effects to critical habitat during section documents are available at https:// in a material way productivity, 7 consultations. In addition, the low- www.fisheries.noaa.gov/action/ competition or prices within a region; end estimate assumes that trends in the proposed-rule-designate-critical-habitat- (3) creates a serious inconsistency or frequency of informal consultations over threatened-indo-pacific-corals, at otherwise interferes with an action the next ten years will resemble those of www.regulations.gov, or upon request taken or planned by another agency the past ten years. The high-end (see FOR FURTHER INFORMATION CONTACT). regarding energy; or (4) raises novel estimate of the impacts to small entities legal or policy issues adversely affecting assumes that there will be incremental Federalism (Executive Order 13132) the supply, distribution or use of energy project modification costs for future Pursuant to the Executive Order on arising out of legal mandates, the projects related to in-water and coastal Federalism, E.O. 13132, we determined President’s priorities, or the principles construction and dredging and that all that this proposed rule does not have set forth in E.O. 12866 and 13211. projected future actions will require significant federalism effects and that a This rule, if finalized, will not have a formal consultations (Section 6.0 of federalism assessment is not required. significant adverse effect on the supply, Appendix B of Draft Information Report; However, in keeping with Department distribution, or use of energy. Therefore, NMFS, 2019).

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For some projects related to in-water the IRFA related to the low and high lands, tribal trust resources, and the and coastal construction and dredging end estimates and any other costs that exercise of tribal rights. Pursuant to most of the administrative costs and may be borne by small businesses these authorities, lands have been project modification costs will likely directly. retained by Indian Tribes or have been either be borne directly by, or passed set aside for tribal use. These lands are Coastal Zone Management Act onto, Federal agencies. However, in managed by Indian Tribes in accordance order to present a conservative estimate We have determined that this action with tribal goals and objectives within of the impacts to small entities, this will have no reasonably foreseeable the framework of applicable treaties and IRFA assumes that all administrative effects on the enforceable policies of laws. Executive Order 13175, and project modification costs are borne American Samoa, Guam, and CNMI. Consultation and Coordination with by third parties rather than Federal Upon publication of this proposed rule, Indian Tribal Governments, outlines the agencies. these determinations will be submitted responsibilities of the Federal The low-end and high-end estimated for review by the responsible Territorial Government in matters affecting tribal impacts to small entities are agencies under section 307 of the interests. The proposed critical habitat summarized in Tables 1 and 2 in Coastal Zone Management Act [16 designations for threatened Indo-Pacific Appendix B of Draft Information Report U.S.C. 1456]. corals are located in U.S. territories and (NMFS, 2019). Assuming all small therefore do not have tribal implications entities bear an equal share of costs, the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) in accordance with Executive Order low-end estimated impacts per small 13175. entity per year ranges from $2,273 to This proposed rule does not contain $2,816, and the high-end estimated any new or revised collection of References Cited impacts per small entity per year ranges information. This rule, if adopted, A complete list of all references cited from $115,625 to $117,580 in CNMI, would not impose recordkeeping or Guam, and American Samoa. reporting requirements on State or local in this rulemaking is available at https:// The low-end estimate of the total governments, individuals, businesses, or www.fisheries.noaa.gov/action/ annualized incremental impacts of organizations. proposed-rule-designate-critical-habitat- critical habitat designation to small threatened-indo-pacific-corals, at entities across the three areas is about Unfunded Mandates Reform Act (2 www.regulations.gov, or upon request $39,000. These costs are distributed U.S.C. 1501 et seq.) (see FOR FURTHER INFORMATION CONTACT). evenly among the approximate 16 This proposed rule will not produce In addition, pdf copies of all cited entities expected to be subject to section a Federal mandate. The designation of documents are available upon request 7 consultations each year. Per entity critical habitat does not impose a from the NMFS Pacific Islands Regional annualized impacts of critical habitat legally-binding duty on non-Federal Office in Honolulu, HI (see ADDRESSES). designation across the three areas are government entities or private parties. List of Subjects estimated to make up only 0.05 percent The only regulatory effect is that Federal of the average annual revenues for a agencies must ensure that their actions 50 CFR Part 23 business engaged in in-water and do not destroy or adversely modify coastal construction or dredging. The critical habitat under section 7 of the Endangered and threatened species, high-end estimate of the annualized ESA. Non-Federal entities which receive Exports, Imports, Transportation. impacts to small entities across the three Federal funding, assistance, permits or 50 CFR Part 226 areas is $1,819,000. Per entity otherwise require approval or annualized impacts of critical habitat authorization from a Federal agency for Endangered and threatened species. designation across the three areas are an action may be indirectly affected by Dated: September 22, 2020. estimated to make up 2.4 percent of the designation of critical habitat, but Samuel D. Rauch III, annual revenues for each affected small the Federal agency has the legally Deputy Assistant Administrator for entity. binding duty to avoid destruction or Regulatory Programs, National Marine The high-end estimate is almost adverse modification of critical habitat. Fisheries Service. certainly an overstatement of the costs We do not anticipate that this rule, if borne by small entities. It is not likely finalized, will significantly or uniquely For the reasons set out in the that all projected future actions will affect small governments. Therefore, a preamble, we propose to amend 50 CFR require formal consultations, nor is it Small Government Action Plan is not parts 223 and 226 as follows: likely that one small entity would bear required. all the consultation costs. Moreover, the PART 223—THREATENED MARINE IRFA conservatively assumes that all Consultation and Coordination With AND ANADROMOUS SPECIES administrative and project modification Indian Tribal Governments (Executive costs are borne by third parties rather Order 13175) ■ 1. The authority citation for part 223 than Federal agencies. On other hand, The longstanding and distinctive continues to read as follows: the low-end estimate likely overstates relationship between the Federal and Authority: 16 U.S.C. 1531–1543; subpart B, the number of small entities affected tribal governments is defined by § 223.201–202 also issued under 16 U.S.C. and possibly understates the costs borne treaties, statutes, executive orders, 1361 et seq.; 16 U.S.C. 5503(d) for by these entities. In other words, the judicial decisions, and agreements, § 223.206(d)(9). scenarios in the IRFA present broad which differentiate tribal governments ranges of the number of potentially from the other entities that deal with, or ■ 2. In § 223.102(e), in the table, under affected entities and associated revenue are affected by, the Federal Government. the heading ‘‘Corals’’ revise the entries effects. The actual number of small This relationship has given rise to a for ‘‘Acropora globiceps’’, ‘‘Acropora entities affected and revenue effects are special Federal trust responsibility jacquelineae’’, ‘‘Acropora retusa’’, not expected to fall at either extreme involving the legal responsibilities and ‘‘Acropora speciosa’’, ‘‘Euphyllia end of the continuum. NMFS seeks obligations of the United States toward paradivisa’’, ‘‘Isopora crateriformis’’, comments on its analysis presented in Indian Tribes and with respect to Indian and ‘‘Seriatopora aculeata’’.

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§ 223.102 Enumeration of threatened (e) * * * marine and anadromous species. * * * * *

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

*******

Corals

Coral, [no common name] ...... Acropora globiceps ...... Entire species ...... 79 FR 53852, Sept. 10, 2014...... 226.228 NA. Coral, [no common name] ...... Acropora jacquelineae ...... Entire species ...... 79 FR 53852, Sept. 10, 2014 ...... 226.228 NA.

******* Coral, [no common name] ...... Acropora retusa ...... Entire species ...... 79 FR 53852, Sept. 10, 2014 ...... 226.228 NA. Coral, [no common name] ...... Acropora speciosa ...... Entire species...... 79 FR 53852, Sept. 10, 2014 ...... 226.228 NA. Coral, [no common name] ...... Euphyllia paradivisa ...... Entire species ...... 79 FR 53852, Sept. 10, 2014 ...... 226.228 NA. Coral, [no common name] ...... Isopora crateriformis ...... Entire species...... 79 FR 53852, Sept. 10, 2014 ...... 226.228 NA.

******* Coral, [no common name] ...... Seriatopora aculeata ...... Entire species ...... 79 FR 53852, Sept. 10, 2014 ...... 226.228 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).

PART 226—DESIGNATED CRITICAL § 226.228 Critical habitat for Acropora www.fisheries.noaa.gov/action/ HABITAT globiceps, Acropora jacquelineae, Acropora proposed-rule-designate-critical-habitat- retusa, Acropora speciosa, Euphyllia threatened-indo-pacific-corals) to ■ paradivisa, Isopora crateriformis, and 3. The authority citation for part 226 Seriatopora aculeata. enable a more precise inspection of continues to read as follows: proposed critical habitat for A. Critical habitat is designated in the Authority: 16 U.S.C. 1533. following jurisdictions for the following globiceps, A. jacquelineae, A. retusa, A. speciosa, E. paradivisa, I. crateriformis, ■ 4. Add § 226.228 to read as follows: species as depicted in the maps below and described in paragraphs (a) through and S. aculeata. (e) of this section. The maps can be (a) Critical habitat locations. Critical viewed or obtained with greater habitat is designated for the following resolution (available at https:// species in the following jurisdictions:

TABLE 1 TO PARAGRAPH (a)

Species State—counties (or other jurisdiction)

Acropora globiceps ...... American Samoa (AS), Guam (Gu), Commonwealth of the Northern Mariana Islands (CNMI), Pacific Remote Island Area (PRIA). Acropora jacquelineae ...... AS. Acropora retusa ...... AS, Gu, CNMI, PRIA. Acropora speciosa ...... AS, PRIA. Euphyllia paradivisa ...... AS. Isopora crateriformis ...... AS. Seriatopora aculeata ...... Gu, CNMI.

(b) Critical habitat boundaries. Except (4) Rose Atoll: All waters 0–20 m specified in paragraph (d) of this as noted in paragraphs (d) and (e) of this depth around Rose Atoll, except the section. section, critical habitat for the seven areas specified in paragraph (d) of this (8) Tinian and Tatsumi Reef: All species in the 17 units includes the section. waters 0–20 m depth around Tinian and following areas: (5) Guam: All waters from 0–40 m Tatsumi Reef, except the areas specified (1) Tutuila and Offshore Banks: All depth around Guam and Offshore in paragraph (d) of this section. waters from 0–40 m depth around Banks, except the areas specified in Tutuila and Offshore Banks, except the paragraph (d) of this section, and the (9) Saipan and Garapan Bank: All areas specified in paragraph (d) of this national security exclusion (the Navy’s waters 0–40 m depth around Saipan and section. Ritidian Point Surface Danger Zone Garapan Bank, except the areas (2) Ofu and Olosega: All waters 0–20 complex) specified in paragraph (e) of specified in paragraph (d) of this m depth around Ofu and Olosega this section. section, and the national security Islands, except the areas specified in (6) Rota: All waters 0–20 m depth exclusion (six Navy berths) specified in paragraph (d) of this section. around Rota Island, except the areas paragraph (e) of this section. (3) Ta‘u: All waters 0–20 m depth specified in paragraph (d) of this (10) Anatahan: All waters 0–20 m around Ta‘u Island, except the areas section. depth around Anatahan Island, except specified in paragraph (d) of this (7) Aguijian: All waters 0–20 m depth as specified in paragraph (d) of this section. around Aguijian Island, except as section.

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(11) Pagan: All waters 0–20 m depth (d) Areas not included in critical the ‘‘Federal Project Limits’’ and seawall around Pagan Island, except as specified habitat. Critical habitat does not include breakwaters; all other harbors, in paragraph (d) of this section. the following particular areas where navigation channels, turning basins, and (12) Maug Islands and Supply Reef: they overlap with the areas described in berthing areas that are periodically All waters 0–20 m depth around Maug paragraphs (a) through (c) of this dredged or maintained; all seawall Islands and Supply Reef, except as section: breakwaters, areas lying between the specified in paragraph (d) of this (1) Pursuant to ESA section 4(a)(3)(B), managed areas and seawall breakwaters, section. all areas subject to the 2017 Wake Island and a 25 m radius of substrate around (13) Howland Island: All waters 0–10 and 2019 Joint Region Marianas each of the AToN bases. m depth around Howland Island, except Integrated Natural Resources (iii) Critical habitat does not include as specified in paragraph (d) of this Management Plans. artificial substrates, including but not section. (2) Pursuant to ESA section limited to: The 11 USCG-managed fixed (14) Palmyra Atoll: All waters 0–20 m 3(5)(A)(i)(I), areas where the essential and floating AToNs, USACE-managed depth around Palmyra Atoll, except the feature does not occur; seawalls (Afono, Aoa, Lepua, Masefau, areas specified in paragraph (d) of this (3) Pursuant to ESA section Matafao, Paloa, Vatia, Pago Pago to section. 3(5)(A)(i)(I), all managed areas that may Nuuuli, and Pago Pago Airport Shore (15) Kingman Reef: All waters 0–40 m contain natural hard substrate but do Protection and Beach Erosion Control depth around Kingman Reef, except as not provide the quality of substrate Projects, as described on USACE specified in paragraph (d) of this essential for the conservation of Honolulu District Civil Works’ website); section. threatened corals. Managed areas that and all other AToNs, seawalls, wharves, (16) Johnston Atoll: All waters 0–10 m do not provide the quality of substrate docks, boat ramps, moorings, pipes, depth around Johnston Atoll, except the essential for the conservation of the wrecks, and other artificial structures. seven Indo-Pacific corals are defined as areas specified in paragraph (d) of this (6) Areas not included in critical particular areas whose consistently section. habitat on Ofu and Oloseg. (17) Jarvis Island: All waters 0–10 m disturbed nature renders them poor (i) Critical habitat does not include depth around Jarvis Island, except as habitat for coral growth and survival managed areas, including but not specified in paragraph (d) of this over time. These managed areas include limited to: The USACE-managed Ofu section. specific areas where the substrate has (18) Maps of the 17 units where been disturbed by planned management Small Boat Harbor and navigation critical habitat is proposed are provided authorized by local, territorial, state, or channel (areas within ‘‘Federal Project below (all of Wake Atoll and Farallon de Federal governmental entities at the Limits’’ indicated in Hydrographic Medinilla are ineligible for critical time of critical habitat designation, and Surveys for the Ofu Small Boat Harbor habitat because of 4(a)(3)). will continue to be periodically on USACE Honolulu District Civil (c) Essential feature. The feature disturbed by such management. Works’ website); the seawall essential to the conservation of A. Examples include, but are not breakwaters, areas lying between the globiceps, A. jacquelineae, A. retusa, A. necessarily limited to, dredged Federal Project Limits and seawall speciosa, E. paradivisa, I. crateriformis, navigation channels, shipping basins, breakwaters, and a 25 m radius of and S. aculeata is: Reproductive, vessel berths, and active anchorages; substrate around each of the AToN recruitment, growth, and maturation (4) Pursuant to ESA section 3(5)(A)(i), bases. habitat. Sites that support the normal artificial substrates including but not (ii) Critical habitat does not include function of all life stages of the corals limited to: Fixed and floating structures, artificial substrates, including but not are natural, consolidated hard substrate such as aids-to-navigation (AToNs), limited to: The two USCG-managed or dead coral skeleton free of algae and seawalls, wharves, boat ramps, fishpond fixed and floating AToNs, USACE- sediment at the appropriate scale at the walls, pipes, submarine cables, wrecks, managed Ofu Airstrip Shore Protection point of larval settlement or fragment mooring balls, docks, aquaculture cages; Project, as described on USACE reattachment, and the associated water (5) Areas not included in critical Honolulu District Civil Works’ website; column. Several attributes of these sites habitat on Tutuila. and all other AToNs, seawalls, wharves, determine the quality of the area and (i) Critical habitat does not include docks, boat ramps, moorings, pipes, influence the value of the associated two areas where the essential feature wrecks, and other artificial structures. feature to the conservation of the does not occur: Inner Pago Pago Harbor: (7) Areas not included in critical species: West of line between Nuutatai Point habitat on Ta‘u. (1) Substrate with presence of crevices (¥14.276621, ¥170.680441) and (i) Critical habitat does not include and holes that provide cryptic habitat, Trading Point (¥14.270756, managed areas, including but not the presence of microbial biofilms, or ¥170.684961) on Map 10 of NOAA limited to: The USACE-managed Ta’u presence of crustose coralline algae; Chart 83484; and Pala Lagoon: West of Small Boat Harbor and navigation (2) Reefscape with no more than a line between Coconut Point channel (areas within ‘‘Federal Project thin veneer of sediment and low (¥14.322021, ¥170.702835) and the Limits’’ indicated in Hydrographic occupancy by fleshy and turf airport tarmac (¥14.324714, Surveys for Ta’u Small Boat Harbor on macroalgae; ¥170.699535). USACE Honolulu District Civil Works’ (3) Marine water with levels of (ii) Critical habitat does not include website); the seawall breakwaters, areas temperature, aragonite saturation, managed areas, including but not lying between the Federal Project Limits nutrients, and water clarity that have limited to: USACE-managed small boat and seawall breakwaters, and a 25 m been observed to support any harbors, basins, and navigation channels radius of substrate around each of the demographic function; and (areas within ‘‘Federal Project Limits’’ AToN bases. (4) Marine water with levels of indicated in Hydrographic Surveys for (ii) Critical habitat does not include anthropogenically-introduced (from Aunu’u and Auasi Small Boat Harbors artificial substrates including but not humans) chemical contaminants that do on USACE Honolulu District Civil limited to: The four USCG-managed not preclude or inhibit any demographic Works’ website); the seawall fixed and floating AToNs, all other function. breakwaters, and areas lying between AToNs, seawalls, wharves, docks, boat

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ramps, moorings, pipes, wrecks, and of substrate around each of the AToN (ii) Critical habitat does not include other artificial structures. bases. artificial substrates, including but not (8) Areas not included in critical (ii) Critical habitat does not include limited to: Seawalls, wharves, docks, habitat on Rose Atoll. artificial substrates, including but not boat ramps, moorings, pipes, wrecks, (i) Critical habitat does not include limited to: The two USCG-managed and other artificial structures. the lagoon because it lacks the essential fixed AToNs; the Territory-managed (16) Critical habitat does not include feature. boat ramp at Rota Harbor; all other any managed areas or artificial (ii) Critical habitat does not include AToNs, seawalls, wharves, docks, boat substrates on Kingman Reef. any managed areas or artificial ramps, moorings, pipes, wrecks, and substrates. other artificial structures. (17) Areas not included in critical (9) Areas not included in critical (11) Critical habitat does not include habitat on Johnston Atoll. habitat on Guam. any managed areas or artificial (i) Critical habitat does not include (i) Critical habitat does not include substrates on Aguijian. managed areas, including but not three INRMP marine areas: (12) Areas not included in critical limited to: The main channel around (A) NBG Main Base Submerged habitat on Tinian and Tatsumi Reef. Johnston Island, and other dredged Lands; (i) Critical habitat does not include channels and areas. (B) NBG TS Submerged Lands; and the Tinian MLA Submerged Lands. (ii) Critical habitat does not include (C) AAFB Submerged Lands. (ii) Critical habitat does not include (ii) Critical habitat does not include artificial substrates, including but not managed areas, including but not limited to: Seawalls, wharves, docks, managed areas, including but not limited to: Tinian Harbor and navigation limited to: The Guam Port Authority boat ramps, moorings, pipes, wrecks, channel as shown on NOAA Navigation and other structures. harbors, basins, and navigation Chart 81067, the seawall breakwater, channels; Navy-managed Apra Harbor and a 25 m radius of substrate around (18) Critical habitat does not include basins, and navigation channels, and the each of the AToN bases. managed areas or artificial substrates seawall breakwaters; USACE-managed (iii) Critical habitat does not include Jarvis Island. small boat harbors, basins, and artificial substrates, including but not (e) Areas excluded from critical navigation channels (areas within limited to: The six USCG-managed fixed habitat. Pursuant to ESA section 4(b)(2), ‘‘Federal Project Limits’’ indicated in AToNs, the Territory-managed boat the following areas are excluded from Hydrographic Surveys for Agat and ramp at Tinian Harbor, all other AToNs, critical habitat: Agana Small Boat Harbors on USACE seawalls, wharves, docks, boat ramps, (1) On Guam, the marine component Honolulu District Civil Works’ website); moorings, pipes, wrecks, and other of the Navy’s complex of overlying the seawall breakwaters, and areas lying artificial structures. Surface Danger Zones off of Ritidian between the Federal Project Limits and (13) Areas not included in critical Point, delineated from point 144°51′18″ seawall breakwaters; all other channels, habitat on Saipan and Garapan Bank. W, 13°39′5″ S on the shoreline to point turning basins, and berthing areas that (i) Critical habitat does not include 144°51′27″ W, 13°39′34″ S at 40 m are periodically dredged or maintained, the Commonwealth Ports Authority depth, then along the 40 m depth and 25 m radius of substrate around harbors, basins, and navigation contour to point 144°53′1″ W, 13°39′8″ each of the AToN bases. channels, their seawall breakwaters; all S, then to point 144°52′49″ W, 13°38′38″ (iii) Critical habitat does not include other channels, turning basins, berthing S on the shoreline, then along the artificial substrates, including but not areas that are periodically dredged or shoreline back to the original point of limited to: The USCG-managed 32 fixed maintained, and a 25 m radius of 144°51′18″ W, 13°39′5″ S on the and floating AToNs; USACE-managed substrate around each of the AToN shoreline. seawalls (Asquiroga Bay Shoreline bases. Protection Project and marine (ii) Critical habitat does not include (2) On Saipan, Naval anchorage berths components of the Namo River Flood artificial substrates, including but not off the west coast known as L–62 (circle Control project, as described on USACE limited to: The 15 USCG-managed fixed with radius approximately 366 m around center point 15°11′4.9194″ N Honolulu District Civil Works’ website); AToNs, Territory-managed boat ramps ° ′ ″ Territory-managed boat ramps, at Smiling Cove (Garapan), Sugar Dock 145 39 41.7594 E), L–32 (circle with including at Agana, Merizo, Seaplane (Chalan Kanoa), Tanapag, Fishing Base radius approximately 366 m around center point 15°12′13.6794″ N Ramp in Apra Harbor, Umatac, and (Garapan), and Lower Base (Tanapag); ° ′ ″ Agat; all other AToNs, seawalls, and all other AToNs, seawalls, wharves, 145 41 33.3594 E), L–44 (circle with wharves, docks, boat ramps, moorings, docks, boat ramps, moorings, pipes, radius approximately 366 m around center point 15°11′40.1994″ N pipes, wrecks, and other artificial wrecks, and other artificial structures. ° ′ ″ structures. (14) Critical habitat does not include 145 40 37.5594 E), L–47 (circle with (10) Areas not included in critical radius approximately 366 m around any managed areas or artificial ° ′ ″ habitat on Rota. center point 15 11 27.2394 N substrates on Anatahan, Pagan, Maug ° ′ ″ (i) Critical habitat does not include Islands and Supply Reef, or Howland 145 41 30.1194 E), L–19 (circle with managed areas, including but not radius approximately 366 m around Island. ° ′ ″ limited to: The USACE-managed Rota (18) Areas not included in critical center point 15 12 53.64 N ° ′ ″ Harbor and navigation channel (areas habitat on Palmyra Atoll. 145 40 53.3994 E), and M–16 (circle within ‘‘Federal Project Limits’’ (i) Critical habitat does not include with radius approximately 488 m ° ′ ″ indicated in Hydrographic Surveys for managed areas, including but not around center point 15 12 36 N ° ′ ″ the Rota Harbor on USACE Honolulu limited to: The main channel into the 145 39 34.9194 E). District Civil Works’ website); the lagoon, dredged area in the central (f) Critical habitat maps. Maps of the seawall breakwaters, areas lying lagoon, and other channels and areas 17 units of proposed Indo-Pacific coral between the Federal Project Limits and that are periodically dredged or critical habitat. seawall breakwaters, and a 25 m radius maintained. BILLING CODE 3510–22–P

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[FR Doc. 2020–21226 Filed 11–25–20; 8:45 am] BILLING CODE 3510–22–C

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