Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8619

Affected Public: Federal government; proposed and/or continuing information Estimated Total Annual Burden State, local, or tribal government; collections, as required by the Hours: 5,926. business or other for-profit Paperwork Reduction Act of 1995. Estimated Total Annual Cost to organizations. DATES: Written comments must be Public: $898 in recordkeeping/reporting Estimated Number of Respondents: submitted on or before April 20, 2015. costs. 160. ADDRESSES: Direct all written comments IV. Request for Comments Estimated Time Per Response: Permit to Jennifer Jessup, Departmental Comments are invited on: (a) Whether applications, 12 hours; permit Paperwork Clearance Officer, modification requests 6 hours; annual or the proposed collection of information Department of Commerce, Room 6616, is necessary for the proper performance final reports, 2 hours. 14th and Constitution Avenue NW., Estimated Total Annual Burden of the functions of the agency, including Washington, DC 20230 (or via the Hours: 835. whether the information shall have Internet at [email protected]). Estimated Total Annual Cost to practical utility; (b) the accuracy of the Public: $500 in recordkeeping/reporting FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden costs. Requests for additional information or (including hours and cost) of the copies of the information collection proposed collection of information; (c) IV. Request for Comments instrument and instructions should be ways to enhance the quality, utility, and Comments are invited on: (a) whether directed to Patsy A. Bearden, NMFS clarity of the information to be the proposed collection of information Alaska Region, (907) 586–7008 or collected; and (d) ways to minimize the is necessary for the proper performance [email protected]. burden of the collection of information of the functions of the agency, including SUPPLEMENTARY INFORMATION: on respondents, including through the whether the information shall have I. Abstract use of automated collection techniques practical utility; (b) the accuracy of the or other forms of information agency’s estimate of the burden This request is for extension of a technology. (including hours and cost) of the currently approved information Comments submitted in response to proposed collection of information; (c) collection. this notice will be summarized and/or ways to enhance the quality, utility, and The purpose of the IFQ fee is to included in the request for OMB clarity of the information to be recover actual costs incurred in approval of this information collection; collected; and (d) ways to minimize the managing and enforcing the IFQ they also will become a matter of public burden of the collection of information Program (75%) and to make funds record. available for Congress to appropriate for on respondents, including through the Dated: February 11, 2015. support of the North Pacific IFQ Loan use of automated collection techniques Sarah Brabson, or other forms of information Program (25%). NOAA PRA Clearance Officer. technology. An IFQ permit holder incurs a cost Comments submitted in response to recovery fee liability for every pound of [FR Doc. 2015–03190 Filed 2–17–15; 8:45 am] this notice will be summarized and/or IFQ halibut and IFQ sablefish that is BILLING CODE 3510–22–P included in the request for OMB landed under his or her IFQ permit(s). approval of this information collection; The IFQ permit holder is responsible for DEPARTMENT OF COMMERCE they also will become a matter of public self-collecting the fee liability for all IFQ halibut and IFQ sablefish landings on record. National Oceanic and Atmospheric his or her permit(s). Fees must be Dated: February 11, 2015. Administration collected at the time of a legal landing Sarah Brabson, of halibut or sablefish, filing of a [Docket No. 130312237–5115–01] NOAA PRA Clearance Officer. landing report, or sale of such fish RIN 0648–XC567 [FR Doc. 2015–03191 Filed 2–17–15; 8:45 am] during a fishing season or in the last BILLING CODE 3510–22–P quarter of the calendar year in which Endangered and Threatened Wildlife; the fish is harvested. 90-Day Finding on a Petition to List Yellowtail Damselfish as Threatened or DEPARTMENT OF COMMERCE II. Method of Collection Endangered Under the Endangered Paper format; electronically (Internet), National Oceanic and Atmospheric Species Act email, U.S. mail, and fax. Administration AGENCY: National Marine Fisheries III. Data Service (NMFS), National Oceanic and Proposed Information Collection; OMB Control Number: 0648–0398. Atmospheric Administration (NOAA), Comment Request; Alaska Pacific Form Number(s): None. Department of Commerce. Halibut and Sablefish Fisheries: Type of Review: Regular (extension of Individual Fishing Quota (IFQ) Cost ACTION: Notice of 90-day petition a currently approved information Recovery finding. collection). AGENCY: National Oceanic and Affected Public: Individuals or SUMMARY: We (NMFS) announce a 90- Atmospheric Administration (NOAA), households; business or other for-profit day finding on a petition to list Commerce. organizations. yellowtail damselfish (Microspathodon chrysurus) as threatened or endangered ACTION: Notice. Estimated Number of Respondents: 2,963. under the Endangered Species Act SUMMARY: The Department of Estimated Time Per Response: Two (ESA). We find that the petition does Commerce, as part of its continuing hours for paper and 5 minutes for not present substantial scientific or effort to reduce paperwork and Internet IFQ Registered Buyer Ex-vessel commercial information indicating that respondent burden, invites the general Value and Volume Report; and two the petitioned action may be warranted. public and other Federal agencies to hours for paper and 5 minutes for IFQ ADDRESSES: Copies of the petitions and take this opportunity to comment on Fee Submission Form. related materials are available upon

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request from the Assistant Regional a review of the status of the species regarding the status of the species over Administrator, Protected Resources concerned, during which we will all or a significant portion of its range; Division, Southeast Regional Office, conduct a comprehensive review of the and (4) is accompanied by the NMFS, 263 13th Avenue South, St. best available scientific and commercial appropriate supporting documentation Petersburg, FL 33701, or online at: information. In such cases, we are to in the form of bibliographic references, http://sero.nmfs.noaa.gov/pr/ conclude the review with a finding as to reprints of pertinent publications, ListingPetitions.htm. whether, in fact, the petitioned action is copies of reports or letters from FOR FURTHER INFORMATION CONTACT: warranted within 12 months of receipt authorities, and maps (50 CFR Jason Rueter, NMFS Southeast Region, of the petition. Because the finding at 424.14(b)(2)). Court decisions clarify the 727–824–5312. the 12-month stage is based on a more thorough review of the available appropriate scope and limitations of the SUPPLEMENTARY INFORMATION: information, as compared to the narrow Services’ review of petitions at the 90- Background scope of review at the 90-day stage, a day finding stage to make a ‘‘may be warranted’’ finding at the 90- determination whether a petitioned On September 14, 2012, we received day stage does not prejudge the outcome action ‘‘may be’’ warranted. As a general a petition from the Center for Biological of the status review. matter, these decisions hold that a Diversity (CBD) to list eight reef fishes Under the ESA, a listing petition need not establish a ‘‘strong of the family Pomacentridae as determination may address a ‘‘species,’’ likelihood’’ or a ‘‘high probability’’ that threatened or endangered under the which is defined to also include a species is either threatened or ESA. The eight species are orange subspecies and, for any vertebrate endangered to support a positive 90-day clownfish (Amphiprion percula), black- species, any distinct population finding. axil chromis (Chromis atripectoralis), segment (DPS) that interbreeds when We evaluate the petitioner’s request blue-green damselfish (Chromis viridis), mature (16 U.S.C. 1532(16)). A species, based upon the information in the Hawaiian dascyllus (Dascyllus subspecies, or DPS is ‘‘endangered’’ if it petition, including its references, and albisella), reticulated damselfish is in danger of extinction throughout all the information readily available in our (Dascyllus reticulatus), yellowtail or a significant portion of its range, and files. We do not conduct additional damselfish or jewelfish ‘‘threatened’’ if it is likely to become research, and we do not solicit (Microspathodon chrysurus), blackbar endangered within the foreseeable information from parties outside the devil or Dick’s damselfish future throughout all or a significant agency to help us in evaluating the (Plectroglyphidodon dickii), and blue- portion of its range (ESA sections 3(6) petition. We will accept the petitioner’s eyed damselfish (Plectroglyphidodon and 3(20), respectively; 16 U.S.C. sources and characterizations of the johnstonianus). The petition is available 1532(6) and (20)). Pursuant to the ESA information presented, if they appear to on our Web site (http:// and our implementing regulations, we be based on accepted scientific www.nmfs.noaa.gov/pr/species/ determine whether species are principles, unless we have specific _ _ _ petitions/pomacentrid reef fish threatened or endangered because of information in our files that indicates _ petition 2012.pdf). Given the any one or a combination of the the petition’s information is incorrect, geographic range of these species, we following five section 4(a)(1) factors: unreliable, obsolete, or otherwise divided the lead for the response to the The present or threatened destruction, irrelevant to the requested action. petition between our Southeast Regional modification, or curtailment of habitat Information that is susceptible to more Office (SERO) and our Pacific Islands or range; overutilization for commercial, than one interpretation or that is Regional Office (PIRO). SERO led the recreational, scientific, or educational contradicted by other available response to the petition to list the purposes; disease or predation; information will not be dismissed at the yellowtail damselfish (Microspathodon inadequacy of existing regulatory 90-day finding stage, so long as it is chrysurus) in this finding; PIRO led the mechanisms; and any other natural or reliable and a reasonable person would response for the remaining species manmade factors affecting the species’ conclude it supports the petitioner’s separately and published a 90-day existence (16 U.S.C. 1533(a)(1), 50 CFR assertions. In other words, conclusive finding on those species on September 424.11(c)). information indicating the species may 3, 2014 (79 FR 52276). ESA-implementing regulations issued meet the ESA’s requirements for listing jointly by NMFS and USFWS (50 CFR is not required to make a positive 90- ESA Statutory and Regulatory 424.14(b)) define ‘‘substantial day finding. We will not conclude that Provisions and Evaluation Framework information’’ in the context of reviewing a lack of specific information alone Section 4(b)(3)(A) of the ESA of 1973, a petition to list, delist, or reclassify a negates a positive 90-day finding, if a as amended (U.S.C. 1531 et seq.), species as the amount of information reasonable person would conclude that requires, to the maximum extent that would lead a reasonable person to the unknown information itself suggests practicable, that within 90 days of believe that the measure proposed in the an extinction risk of concern for the receipt of a petition to list a species as petition may be warranted. In evaluating species at issue. threatened or endangered, the Secretary whether substantial information is To make a 90-day finding on a of Commerce make a finding on whether contained in a petition, the Secretary petition to list a species, we evaluate that petition presents substantial must consider whether the petition: (1) whether the petition presents scientific or commercial information Clearly indicates the administrative substantial scientific or commercial indicating that the petitioned action measure recommended and gives the information indicating the subject may be warranted, and to promptly scientific and any common name of the species may be either threatened or publish such finding in the Federal species involved; (2) contains a detailed endangered, as defined by the ESA. Register (16 U.S.C. 1533(b)(3)(A)). When narrative justification for the First, we evaluate whether the we find that substantial scientific or recommended measure, describing, information presented in the petition, commercial information in a petition based on available information, past and along with the information readily indicates the petitioned action may be present numbers and distribution of the available in our files, indicates that the warranted (a ‘‘positive 90-day finding’’), species involved and any threats faced petitioned entity constitutes a ‘‘species’’ we are required to promptly commence by the species; (3) provides information eligible for listing under the ESA. Next,

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we evaluate whether the information that the classification is based upon, in Analysis of the Petition indicates that the species at issue faces light of the standards on extinction risk We evaluated whether the petition extinction risk that is cause for concern; and impacts or threats discussed above. presented the information required in this may be indicated in information Species Description 50 CFR 424.14(b)(2) and found that the expressly discussing the species’ status petition contains the species’ taxonomic and trends, or in information describing The yellowtail damselfish is a reef description, current geographic impacts and threats to the species. We fish (Family Pomacentridae) that distribution, habitat characteristics, and evaluate any information on specific inhabits shallow coral reefs usually at threats that could be affecting it. The demographic factors pertinent to depths between 1–10 m (depth range petition does not present any evaluating extinction risk for the species can be up to 120 m; Loris and Rucabado, information on past or present at issue (e.g., population abundance and 1990) in the western Atlantic Ocean population numbers, instead it trends, productivity, spatial structure, including Bermuda, southern Florida, acknowledges that abundance and age structure, sex ratio, diversity, and the Caribbean Sea (Allen, 1991), population trends are unknown for the current and historical range, or habitat south to Brazil (Moura et al., 1999), and petitioned species, but suggests that the integrity), and the potential contribution decrease in average live coral cover of identified demographic risks to also including the Gulf of Mexico across the Caribbean from 50 to 60 extinction risk for the species. We then (Bohlke and Chaplin, 1993). Yellowtail percent coverage in the 1970s to 8 evaluate the potential links between damselfish occupy non-overlapping, percent coverage today suggests reasons these demographic risks and the often contiguous territories on solid 2 for concern. The petition does not causative impacts and threats identified substrata averaging 44 m in size (range 2 in section 4(a)(1). 14–109 m , n = 22; P. Sikkel, provide information regarding the status Information presented on impacts or unpublished data) in which they feed of yellowtail damselfish over all or a threats should be such that it reasonably on epilithic microalgae (algae growing significant portion of its range, other suggests that one or more of these on rock) and associated microfauna than a discussion of threats. The factors may be operative threats that act, (Bohlke and Chaplin, 1968; Sikkel and petition includes supporting references. or have acted, on the petitioned species Kramer, 2006). Adults are primarily The petition states that yellowtail to the point that it may warrant algae-eaters (Robins et al., 1986), feeding damselfish are vulnerable to coral protection under the ESA. Broad on microalgae, epiphytic (growing on a habitat loss and degradation due to statements about generalized threats to plant) diatoms, and to a lesser extent temperature-induced coral bleaching the species, or identification of factors live coral, and are therefore known as and ocean acidification, and that this that could negatively impact a species, facultative corallivores (Cole et al., vulnerability is heightened given their do not constitute substantial 2008). Adults of both sexes are solitary reliance on live branching corals such as information that listing may be and they aggressively defend their species of Millepora and Acropora. The warranted. We look for information territories against conspecifics and other petition states yellowtail damselfish are indicating that not only is the particular species to a lesser extent (Sikkel and threatened by ocean warming and ocean species exposed to a factor, but that the Kramer, 2006). The territories of females acidification that directly impairs its species may be responding in a negative tend to be shallower and closer to shore sensory capabilities, behavior, aerobic fashion; then we assess the potential than those of males (Sikkel and Kramer, capacity, swimming ability, and significance of that negative response. 2006). reproduction. The petition also states Many petitions identify risk that the global marine aquarium trade Yellowtail damselfish spawning peaks classifications made by other and lack of regulatory mechanisms for four to five weeks in February to organizations or agencies, such as the further threaten yellowtail damselfish March and again in July to August International Union on the Conservation by decreasing their populations in the of Nature (IUCN), the American (Deloach, 1999). Spawning occurs wild. during the first 1–3 hours of daylight Fisheries Society (AFS), or NatureServe, Information on Population Status, as evidence of extinction risk for a (Sikkel and Kramer, 2006) at regular 3- day intervals from 3 days before to 3 Trends and Demographics Relevant to species. Risk classifications by other Extinction Risk organizations or made under other weeks after the full moon (Pressley, federal or state statutes may be 1980; Robertson et al., 1990). Females As stated above, the petition does not informative, but the classification alone can travel up to 120 m from their include any information on past or may not provide the rationale for a territory to find mates (Sikkel and present population numbers, and it positive 90-day finding under the ESA. Kramer, 2006). Females lay their entire acknowledges that abundance and For example, as explained by clutch within the male territory during population trends are unknown. The NatureServe, their assessments of a a spawning event and will often mate petition does not provide information species’ conservation status do ‘‘not with the same male over successive regarding the status of yellowtail constitute a recommendation by spawning trips (Sikkel and Kramer, damselfish over all or a significant NatureServe for listing under the U.S. 2006). Male damselfish prepare nests portion of its range, although one of the Endangered Species Act’’ because within their territories, frequently in references cited describes the species as NatureServe assessments ‘‘have coral rubble, and protect the eggs ‘‘common on shallow reefs in the different criteria, evidence (Pressley, 1980). Embryos hatch tropical Western Atlantic,’’ occurring at requirements, purposes and taxonomic approximately five days after densities of up to four individuals per coverage than government lists of fertilization (Pressley, 1980), and larvae 100 m2 in the Barbados (Sikkel and endangered and threatened species, and enter a 21 to 27 day pelagic phase. They Kramer, 2006). The petition does not therefore these two types of lists should then tend to settle on shallow patch identify any risk classifications by other not be expected to coincide’’ (http:// reefs, often inhabited by Millepora (fire organizations for this species. www.natureserve.org/prodServices/ coral), which Deloach (1999) states There is some information in our files statusAssessment.jsp). Thus, when a makes up much of the early diet, and on population status and trends for this petition cites such classifications, we Acropora species rubble habitats species in the Florida Keys. We have will evaluate the source information (Wilkes et al., 2008). data on the abundance of yellowtail

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damselfish from our Southeast Fisheries overutilization for commercial and Veron (2000) describes Millepora Science Center’s (SEFSC) Reef fish recreational purposes; (D) inadequacy of species as ‘‘common on reefs.’’ Visual Census (RVC). The RVC is a long- existing regulatory mechanisms; and (E) Therefore, we do not find population term, spatially-extensive survey that has other natural or manmade factors trends of Millepora pose an extinction assessed trends in abundance of reef affecting its continued existence. In the risk that is cause for concern for fishes in the Florida Keys, by collection following sections, we assess the yellowtail damselfish. of standardized data on trends in information presented in the petition We also reviewed the information in frequency of occurrence and density. and readily available in our files to the petition regarding the association The RVC survey includes data from determine whether the petitioned action between adult yellowtail damselfish and 1980 through 2012 for the forereef, high may be warranted. elkhorn coral. The petition cites relief spur and groove habitats, the Deloach (1999) in describing habitat use Present and Threatened Destruction, preferred habitat zone for yellowtail by yellowtail damselfish. In Deloach Modification, or Curtailment of Habitat damselfish (NMFS SEFSC, 2014). These (1999), we found the statement ‘‘[l]arge or Range data show yellowtail damselfish females reign over widespread abundance declined during the 1980’s The petition states that yellowtail territories of varying sizes on reef crests, but stabilized in the 1990’s with no damselfish are ‘‘dependent on live coral while males typically occupy deeper apparent trends through 2012. The RVC for shelter, reproduction, recruitment, zones of Elkhorn rubble.’’ This was the data recorded yellowtail damselfish in and/or food, which makes them highly only information presented in the 93 percent of samples (annual average) vulnerable to coral habitat loss and citation relative to elkhorn coral, but it in the 1980’s. Since 1991, the frequency degradation due to ocean warming and does not indicate yellowtail damselfish of occurrence has averaged around 79 ocean acidification and they are habitat specialize on, or rely upon, branching percent, with no apparent trend. specialists that rely on branching corals coral. Similarly, the density of fish, when which are particularly susceptible to The petition also cites Tolimieri present, averaged 5 fish per bleaching.’’ First we will evaluate the (1998) as a source for the premise that standardized sample in the 1980’s, and petition’s arguments that dependency of yellowtail damselfish are ‘‘significantly since 1991, the average annual density the yellowtail damselfish on certain associated with Acropora corals and when present has been 2.7 fish per species of live corals is a source of total live coral cover.’’ Tolimieri (1998), standardized sample, with no apparent extinction risk, and then we will investigated microhabitat substrate use trend (NMFS SEFSC, 2014). The evaluate the arguments that climate by several damselfish species on the observed decline in yellowtail change impacts to the species’ habitat Tague Bay Reef, St. Croix, United States damselfish frequency and density pose extinction risk that is cause for Virgin Islands. This study evaluated use between the 1980’s and the subsequent concern. of Porites spp., Porites spp. rubble, Montastrea spp., Montastrea spp. period of 1991–2012 in these data are Dependency on Branching Coral Species correlated with the documented rubble, Acropora spp. rubble, total live widespread loss of coral habitat that The petition cites several studies in coral, boulder (unidentified coral) occurred during the 1980’s, as noted in support of the argument that the rubble, algae, and pavement/sand the petition. These data also indicate yellowtail damselfish specializes on, or substrates. The author found that that since the initial decline, the long relies upon, branching corals such as yellowtail damselfish were associated term trend in yellowtail damselfish Millepora and Acropora species. The more than would be expected by frequency and density over 22 years of petition cites Allen (1991) for the random chance with dead Acropora data collection has remained stable. We proposition that juvenile yellowtail palmata rubble, but not with live coral interpret these data as indicating a damselfish ‘‘are usually seen among cover or the only live branching coral in population that has demonstrated long branches of the yellow stinging coral the study area—Porites porites. The term stability, despite significant habitat Millepora.’’ Deloach (1999) is cited for association between yellowtail changes and a one-time population an association between juveniles and damselfish and Acropora spp. coral decline. Thus, we do not believe the blade fire coral, M. complanata. rubble was statistically significant (p = available information on population Deloach (1999) is also cited as finding 0.043), but only explained 32 percent of status and trends suggest an extinction that Millepora makes up much of the the variation in abundance of yellowtail risk of concern for the species. early diet of yellowtail damselfish. The damselfish between the various study Web site www.species-identification.org sites on this reef. Information on Impacts and Threats to is similarly cited for the statement that The petition presents Wilkes et al. the Species yellowtail damselfish are known to feed (2008) for an association of adult We also evaluated whether the on the polyps of Millepora corals, yellowtail damselfish with live information in the petition and though as the petition notes from branching staghorn coral in the Dry information in our files concerning the another citation, this species is Tortugas, Florida. Wilkes et al. (2008) extent and severity of one or more of the considered a facultative and not an described their study objective as ESA section 4(a)(1) factors suggest these obligate corallivore (Cole et al., 2008). determining what effect, if any, on impacts and threats may be operative Regardless of the importance as food or damselfish could be discerned from threats that act or have acted on the habitat to yellowtail damselfish, the much of the live staghorn coral in Dry species, posing a risk of extinction for petition does not present information Tortugas National Park having been yellowtail damselfish that is cause for that suggests Millepora corals have been reduced to rubble by extreme cold snaps concern. As stated above in the petition affected by the numerous threats other and disease. Wilkes et al. (2008) analysis section, the petition states that corals face, thus we assume their role in compared damselfish densities on the four of the five causal factors in section the yellowtail damselfish’s life cycle is largest remaining live staghorn coral 4(a)(1) of the ESA are adversely affecting unchanged. Additionally, Brainard et al. formation and nearby staghorn coral the continued existence of yellowtail (2011), state ‘‘Millepora are among the rubble habitat, but did not directly damselfish: (A) Present or threatened first to bleach and die, but they seem to investigate damselfish use of any other destruction, modification, or have a special aptitude for recovering by habitat types in the park. This study curtailment of its habitat or range; (B) recruiting new colonies.’’ Further, found that the density of adult

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yellowtail damselfish was greater at Indies in the 1970’s and concluded their the yellowtail damselfish that is a cause sites with live staghorn coral compared results were in agreement in most cases for concern. to nearby sites comprised of dead and that adult yellowtail damselfish were Climate Change Impacts to Coral Reef broken staghorn coral rubble. There was most characteristically associated with Ecosystems Generally as a Threat to elkhorn coral and Millepora in very no significant difference in density of Yellowtail Damselfish juvenile yellowtail damselfish between shallow to moderate depth range. the two sites. These authors suggest that Prior to the 1980’s, Acropora corals The petition discusses at length ‘‘complex reef topography of branching were the overwhelmingly dominant climate change impacts to corals and corals like Acropora are thought to be a reef-building coral on Caribbean reefs, coral reefs and future predictions for major factor affecting reef fish to the extent that depth zones were worsening impacts to corals at a global distribution and abundance’’ and that named after these species (‘‘elkhorn scale, and argues that these impacts the higher adult densities observed in zone,’’ ‘‘staghorn zone’’) (Goreau, 1959). pose extinction risk to yellowtail this study ‘‘may be related to the Given the dominance of these corals, it damselfish through destruction, increase in three-dimensional habitat is reasonable to expect that yellowtail modification or curtailment of its that would provide predator refuge damselfish and many other reef fishes habitat. As discussed above, while the dimensions more conducive to adult were found associated with acroporids petition establishes an association with body sizes that require larger shelter then as well. For example, Waldner and live branching coral species for spaces.’’ The authors conclude that Robertson (1980) found a significant yellowtail damselfish, we have ‘‘reductions in damselfish density are association between yellowtail established that they also associate with the likely outcome in reefs where damselfish and elkhorn corals in the other coral species and forms within the expanses of live branching coral are in 1970’s. During the 1980’s, a massive die- coral-reef ecosystem and are not reliant decline and are being replaced by off of Acropora species occurred in the upon branching corals for habitat. Many of the references provided in relatively low-dimensional fields of reef Caribbean. The decline in Acropora the petition offer global predictions on rubble.’’ Finally, Wilkes et al. (2008) species was greater than 90 percent future rises in sea surface temperature note that ‘‘some damselfish species may (Ginsburg, 1994; Hughes, 1994; (Donner et al., 2005; Donner, 2009), require the habitat complexity provided McClanahan and Muthiga, 1998). As the ocean acidity (Hoegh-Guldberg et al., by branching corals, whereas others are SEFSC RVC data indicate, yellowtail 2007), or coral reef decline in general better suited to exploit a wide range of damselfish abundance declined in fore- (Hoegh-Guldberg, 1999; Veron et al., habitat types and display no specific reef, spur and groove habitats in the 2009). Emission rates of greenhouse coral preference.’’ However, the authors Florida Keys in the 1980’s. The initial decline in yellowtail damselfish gases (GHG) associated with ocean make no conclusion about yellowtail warming have in recent years met or damselfish and their habitat usage, abundance is likely linked to the widespread die-off of corals. However, exceeded levels found in the worst-case though they do note another study scenarios considered by the (Wallman et al., 2006) that found that the yellowtail damselfish population has remained stable since 1991. Intergovernmental Panel on Climate patch reefs lacking in live branching Change (IPCC), resulting in all scenarios corals within Dry Tortugas National Although the Florida Keys population is at a lower level than it was in the 1970’s underestimating the projected future Park support populations of adult climate condition. New information yellowtail damselfish. and 1980’s, the stability in abundance indicates that it is not so low that suggests that regardless of the emission In our files we also have available depensatory processes, such as concentration pathway, more than 97 Waldner and Robertson (1980) that declining mate-finding ability or percent of reefs will experience severe considers patterns of spatial distribution escalating risk of predation, are an thermal stress by 2050 (Meissner et al., and resource partitioning in damselfish extinction risk factor. Therefore, we 2012). At the same time new to explain how ecologically similar reef conclude that the yellowtail damselfish information also highlights the spatial fishes can co-exist on various spatial is not dependent on acroporid corals to and temporal ‘‘patchiness’’ of warming scales. Field surveys recorded yellowtail the extent that the decline of Acropora (79 FR 53851; September 10, 2014). This damselfish in Puerto Rico between 1976 habitat presents an extinction risk that patchiness moderates vulnerability of and 1978 at both inshore and offshore is cause for concern. corals to extinction because most reefs and recorded substrate within 15 In summary, we acknowledge that species are not limited to one habitat cm (5.9 inches) of where the species was yellowtail damselfish was historically type but occur in numerous types of reef observed or the substrate where the fish associated with Acropora corals in the environments that are predicted, on sought refuge when rapidly approached Caribbean (Waldner and Robertson, local and regional scales, to experience by a diver. A total of 54 adult yellowtail 1980), and exhibited a population variable thermal regimes and ocean damselfish were reported on 4 out of 6 decline in habitats dominated by chemistry at any given point in time (79 substrate types: 48 percent of Acropora concurrent with the massive FR 53851; September 10, 2014). Overall, observations were associated with non- die-off of corals in the 1980s. However, there is ample evidence that climate branching massive corals such as the available information demonstrates change (including that which is already Montastraea annularis, 24 percent of the yellowtail damselfish associate with a committed to occur from past GHG observations were associated each with variety of coral species and habitats emissions and future emissions elkhorn (A. palmata) and staghorn (A. (Tolimieri, 1998; Wilkes et al, 2008) reasonably certain to occur) and will cervicornis) coral, and 4 percent were within the coral-reef ecosystem (e.g., lead to a worsening environment for associated with Millepora spp. When branching, boulder, and dead rubble), corals. the amount of the different substrate and appear in at least one instance If many coral species are to survive types within the transect area was (Florida Keys) to have inhabited reef anticipated global warming, corals and considered, elkhorn coral was found to areas at stable population levels for over their zooxanthellae will have to undergo be a most-used substrate. Waldner and 20 years after the widespread decline of significant acclimatization and/or Robertson (1980) then compared their acroporids. Therefore, the loss of the adaptation. There has been a recent results with the results of other studies branching elkhorn and staghorn corals research emphasis on the processes of that occurred throughout the West does not constitute an extinction risk for acclimatization and adaptation in

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corals. For example, the results of a threat is primarily a function of coral mortality from bleaching, ‘‘[fish] study funded by NOAA and conducted biological processes and characteristics, specialists will increasingly be forced to by the agency’s scientists and its and can vary greatly between and use alternative recruitment habitats, and academic partners suggests some coral within taxa (i.e., family, genus, or that is likely to reduce population species may be able to adapt to species). Susceptibility depends on replenishment.’’ As noted above, moderate climate warming, improving direct effects of the threat on the however, yellowtail damselfish is not a their chance of surviving through the species, and it also depends on the specialist on any particular coral end of this century, if there are large cumulative (i.e., additive) and species. Bonin (2012) further states that reductions in carbon dioxide emissions interactive (i.e., synergistic or the ‘‘available evidence suggests that the (Logan et al, 2013). Results of this study antagonistic) effects of multiple threats presence of conspecifics provides a further suggest some corals have already acting simultaneously on the species. stronger cue for settlement than does adapted to part of the warming that has For example, ocean warming affects microhabitat (Booth, 1992; Lecchini et occurred in the past. The study modeled coral colonies through the direct effect al., 2005a; 2005b).’’ Thus, the presence a range of possible coral adaptive of bleaching, together with the of established individuals of the same responses to thermal stress, and interactive effect of bleaching and fish species was more important for projected that, through processes such disease, because bleaching increases settling recruits than was habitat in that as genetic adaptation, acclimation, and disease susceptibility. Vulnerability of a study. A third study cited by the symbiont shuffling, the reefs could coral species to a threat also depends on petition, Booth and Beretta (2012), reduce the rate of temperature-induced the proportion of colonies and provided examples of fish recruit bleaching by 20 to 80 percent of levels populations that are exposed to the abundance decline independent of coral currently projected to occur by the year threat. Exposure is primarily a function bleaching and concluded ‘‘these 2100, if there are large reductions in of the distribution of the threat. The examples highlight the stochastic nature carbon dioxide emissions. The authors degree or intensity of exposure to a of recruitment, and caution against the emphasize the caveat that coral threat is primarily a function of physical hasty attribution of cause and effect in adaptation will not significantly slow processes and characteristics that limit explaining changes in recruitment the loss of coral reefs if there is no or moderate the intensity of the threat through time.’’ Graham et al. (2007) was decrease in GHG emissions and further, across the range of the species. In our also cited by the petition as an example that not all species will be able to adapt final listing rule responding to a petition of the effects of bleaching on coral-reef fast enough or to the same extent. to list 83 species of corals, we found fishes. The authors concluded that ‘‘of Thus, as a whole, the body of research that not all coral species are highly the indirect effects of bleaching that we on coral adaptation to global warming is vulnerable to the threats associated with have identified, one of the most inconclusive on how these processes global climate change (79 FR 53851; significant for the reef ecosystem as a may affect particular coral species’ September 10, 2014). Even some species whole is likely to be the decline in extinction risk, given the projected found to be susceptible to ocean smaller size classes of herbivorous intensity and rate of ocean warming warming were found not warranted for fishes (mainly surgeonfishes and (Brainard et al., 2011). listing because they may have a parrotfishes with some rabbitfishes and Similarly, because of the increase in buffering capacity to resist adverse two species of damselfish).’’ The carbon dioxide and other GHGs in the effects on their status, due to high petition also cites Wilson et al. (2006) atmosphere since the industrial abundance, wide range, and/or high for effects of bleaching on coral-reef revolution, ocean acidification has habitat heterogeneity. fishes; however, Wilson et al. (2006) already occurred throughout the world’s found ‘‘abundances of species reliant on oceans, including in the Caribbean, and With information indicating live coral for food and shelter is predicted to considerably worsen yellowtail damselfish associate with a between now and 2100. Overall, variety of coral habitats, and because consistently declined during this time available information demonstrates that susceptibility of coral species to climate frame, while abundance of some species most corals exhibit declining change impacts is highly variable, we that feed on invertebrates, algae and/or calcification rates with rising carbon cannot infer any level of extinction risk detritus increased. The response of dioxide concentrations, declining pH, from habitat loss due to climate change species, particularly those expected to and declining carbonate saturation for yellowtail damselfish. Further, in a benefit from the immediate loss of coral, state—although the rate and mode of review of six studies examining the is variable.’’ Thus, given that yellowtail decline can vary among species (79 FR effects of coral bleaching on coral-reef damselfish is not an obligate corallivore 53851; September 10, 2014). Spatially, fishes, Pratchett et al. (2008) found the and has a varied diet including algae while carbon dioxide levels in the density of 45 of 116 fish species’ and invertebrates, this study is not surface waters of the ocean are generally showed significant changes 1–3 years indicative of potential adverse impacts in equilibrium with the lower post-bleaching. The responses ranged to yellowtail damselfish from coral atmosphere, there can be considerable from local extinction to several-fold bleaching. Finally, the petition cites spatial variability in seawater pH across increases in abundance. Though the Bonin et al. (2009) for effects of reef-building coral habitats, resulting in damselfishes included in their study bleaching on coral-reef fishes. This colonies of a species experiencing high showed mixed results, Pratchett et al. study examined the effects of bleaching spatial variability in exposure to ocean (2008) found ‘‘fishes that increased in on two species of gobies that are live- acidification (79 FR 53851; September abundance were mostly dietary and coral symbionts. Again, this information 10, 2014). habitat generalist species,’’ but some does not allow us to infer any level of As we have discussed elsewhere (79 herbivores also showed increases. Thus, extinction risk from coral reef habitat FR 53851; September 10, 2014), we do not view this study as providing loss due to climate change impacts for vulnerability of a coral species to a any reliable prediction of yellowtail yellowtail damselfish. threat is a function of susceptibility and damselfish responses to coral bleaching. Therefore, we find that the petition exposure, considered at the appropriate The petition also cites Bonin (2012) for does not provide substantial scientific spatial and temporal scales. effects of coral bleaching on damselfish. or commercial information indicating Susceptibility of a coral species to a The paper concludes that as a result of that listing yellowtail damselfish as

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threatened or endangered may be pollution, protecting coral reef habitat, The petition states that regulation of warranted due to loss or degradation of and controlling the aquarium trade are the aquarium trade is inadequate to coral habitat that may result from global inadequate to protect the yellowtail control trade and prevent collection climate change. damselfish and that the ‘‘widespread detrimental to the species’ survival. The and growing trade in coral-reef fish and petition cites Tissot et al. (2010) for Overutilization for Commercial and evidence of ‘‘weak governance capacity Recreational Purposes corals adds to the cumulative stresses . . . from ocean warming and ocean in major source countries such as The petition provides information acidification.’’ The petition states that Indonesia and the Philippines; high indicating damselfish are the most both international and domestic laws international demand, particularly from commonly harvested group of fishes in controlling greenhouse gas emissions the United States . . . and inadequate the global trade of marine aquarium are inadequate and/or have failed to enforcement of the few existing laws, fish. The petition does not include any control emissions, ‘‘as acknowledged by allowing collectors to use illegal and information specific to the collection of NMFS in its Status Review Report of 82 harmful collection methods such as yellowtail damselfish, nor does it Candidate Coral Species and sodium cyanide.’’ Drawing inferences provide any explanation of how harvest Accompanying Management Report.’’ based on Indo-Pacific species and the of yellowtail damselfish is an extinction We concur there is information in the regulatory mechanisms governing their risk to the species. Due to the petition, readily available in our files, collection is inappropriate because pugnacious behavior of yellowtail and from scientific literature that yellowtail damselfish do not occur in damselfish and its solitary nature indicates GHG emissions and associated the foreign countries in the Indo-Pacific (Robins et al., 1986), it is likely a less ocean warming, acidification and other discussed as having inadequate desirable species for use in aquaria synergistic effects are contributing to governance and enforcement of laws. compared to damselfish that are extinction risk for some species of reef There is no information in our files schooling planktivores such as the blue- building corals (79 FR 53851; September indicating yellowtail damselfish is a green chromis. Though we do not have 10, 2014), and that existing regulatory highly prized, collected, or traded information in our files for harvest and mechanisms are inadequate to prevent marine organism. We conclude the trade impacts across the entire range of these emissions from causing serious threats characterization in the petition the species, we do have information in harmful impacts to corals. However, we regarding inadequacy of regulatory our files about harvest of damselfish in do not have information in our files, and mechanisms to control harmful harvest Florida for the aquarium trade; 9,780 we are not aware of any literature, of yellowtail damselfish is damselfish were collected in 2009 from indicating GHG emissions are negatively unsubstantiated. Florida waters for the aquarium trade. affecting yellowtail damselfish (e.g., In summary we find the petition does There are 14 species of damselfish in through sensory impacts, discussed not provide substantial scientific or Florida waters and yellowtail below). As discussed above, yellowtail commercial information to suggest that damselfish is considered ‘‘common’’ damselfish associate with a variety of existing regulatory mechanisms related (Humann, 1999), but specific coral-reef habitats and we have no to any identified threats to the species information regarding the contribution information from which to conclude the are inadequate such that they may be of yellowtail damselfish to the aquarium impacts of GHG emissions on coral reefs causing an extinction risk for the trade harvest in Florida is not available present extinction risk that is cause for yellowtail damselfish. (FWRI, 2009). Even if we assumed the entire Florida harvest in 2009 was concern for yellowtail damselfish. Other Natural or Manmade Factors comprised of yellowtail damselfish and Therefore, we also cannot conclude that The petition states that ocean is representative of ongoing harvest inadequacy of regulatory mechanisms to acidification and ocean warming, in levels, we do not believe the collection control these emissions is causing addition to causing habitat loss, of nearly 10,000 individuals in Florida extinction risk that is cause for concern ‘‘directly threaten the survival of the annually would constitute an extinction for this species. petitioned species through a wide array risk that is cause for concern to the The petition states that existing of adverse impacts that are predicted to status of yellowtail damselfish. Because regulatory mechanisms are inadequate lead to negative fitness consequences field surveys throughout the Florida to protect coral reef habitats from local and population declines.’’ The petition Keys forereef, high relief spur and threats (e.g., overfishing), despite states ‘‘ocean acidification impairs the groove habitat indicate yellowtail international and domestic efforts to sensory capacity and behavior of larval damselfish have remained stable in reduce threats to reefs. The petition clownfish and damselfish.’’ The petition frequency and density for the last 22 cites Burke et al. (2011), as concluding refers to a number of sources to years (NMFS SEFSC, 2014), we believe that ‘‘[m]ore than 60% of the world’s demonstrate that in the laboratory, harvest is not contributing to a decline coral reefs are under immediate and behavioral responses of larval fish can in total numbers within Florida. In direct threat from one or more local be affected by elevated carbon dioxide summary, we find the petition and sources,’’ and that ‘‘[of] local pressures levels. information in our files do not present on coral reefs, overfishing—including The petition states ‘‘research on the substantial scientific or commercial destructive fishing—is the most effects of ocean acidification on six information to suggest that listing pervasive immediate threat, affecting species of larval damselfish found that yellowtail damselfish as threatened or more than 55 percent of the world’s elevated carbon dioxide levels expected endangered may be warranted due to reefs.’’ The petition states ‘‘this high within this century impair damselfish overutilization for commercial, level of threat clearly indicates that smell, vision, learning, behavior, and recreational, educational, or scientific existing regulatory mechanisms are brain function, leading to a higher risk purposes. inadequate to protect the coral reefs on of mortality.’’ Results from two of these which the petitioned Pomacentrids six damselfish are from Munday et al. Inadequacy of Existing Regulatory depend.’’ However, the petition fails to (2010) who found that ‘‘700 ppm carbon Mechanisms discuss how yellowtail damselfish may dioxide is close to the threshold at The petition states the regulatory be susceptible to this generalized threat which adaptation of behavioral mechanisms addressing greenhouse gas to coral reefs. responses might be possible in reef

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fishes, provided that the variation in results by Ferrari et al. (2011) were uptake was exhausted at 33 °C for the sensitivity to elevated carbon dioxide described by the petitioner as two cardinalfish species tested. One we observed between individuals at this highlighting how individual effects from damselfish species’ oxygen uptake was concentration has a genetic basis. The elevated carbon dioxide are highly reduced from 142% at 29 °C to 81% at olfactory capacity of approximately one- uncertain and constitute an extinction 31 °C while another species’ uptake half of the larvae was unaffected by risk for the petitioned species. However, went from 300% at 29 °C to 178% at 33 exposure to 700 ppm carbon dioxide, merely identifying factors that could °C. These results indicate that and these individuals exhibited less negatively impact a species does not damselfish are thermally tolerant and as risky behavior in the field (remained constitute substantial information that Nilsson et al. (2009) state, ‘‘populations closer to shelter) compared with listing may be warranted. Because of thermally tolerant species are likely affected individuals.’’ The effect on Ferrari et al. (2011) found ‘‘marked to persist at higher temperatures, but olfactory capacity appears to be an intraspecific variation,’’ we interpret populations of thermally sensitive individual response and not necessarily these results to demonstrate variability species could decline on low-latitude a population response. A variable in physiological responses within the reefs if individual performance falls individual response does not constitute functional group examined (functional below levels needed to sustain viable a risk to the entire population and groups were defined by their carbon populations. therefore, there is not sufficient dioxide tolerance). Further, Ferrari et al. The petition cites several other evidence of extinction risk to yellowtail (2011) found predation rates and prey sources, primarily Johansen and Jones damselfish posed by elevated carbon selectivity were impacted by exposure (2011), which found increasing dioxide impacts on olfactory capacity. to elevated levels of dissolved carbon temperatures have negative effects on the aerobic capacity and swimming Results from the other four of these dioxide, but the outcome of the performance of some damselfish, though six damselfish species are from Ferrari interaction was dependent on the size of the species tested did not include the et al. (2011), where the effects of carbon juvenile prey, not on the species. yellowtail damselfish or any of its dioxide exposure on the antipredator Additionally, Ferrari et al. (2011) congeners. These studies also revealed responses of four sympatric species who concluded that if the negative effects of inter-specific differences in the response share the same ecology and life history carbon dioxide were balanced between to elevated temperature and discussed was tested; all four are congeners in a prey and predators, we would not expect any change in overall mortality how acclimation, developmental different genus than yellowtail plasticity, and adaptation can alleviate damselfish and all are found in the rate. These data do not provide reliable information for conclusions about the temperature-related physiological Pacific Ocean. The four damselfish in impacts. All but one of these studies the Ferrari et al. (2011) study were response of the yellowtail damselfish, much less a population-level response were single generation studies and did specifically selected to compare similar not evaluate trans-generational species response to carbon dioxide in that might occur if the carbon dioxide levels tested are eventually reached. plasticity for any species to determine if order to predict ecological impacts on the species are able to adapt or marine communities. The Finally, Ferrari et al. (2011) note that their experimental results may represent acclimate to new environmental concentrations of carbon dioxide tested conditions over time. In fact, the one ranged from those similar to recent a worst case scenario in that it assumes absence of adaptation. We do not have study that did (Donelson et al., 2011) atmospheric concentrations (390 ppm) found that ‘‘complete compensation in information in our files, and we are not to those representing highly elevated aerobic scope occurred when both aware of any literature, indicating (700 and 850 ppm) atmospheric levels. parents and offspring were reared increased carbon dioxide levels have This was accomplished by placing throughout their lives at elevated reduced fitness of any western Atlantic juveniles collected in traps into 35 L temperature. Such acclimation could damselfish, or that increased levels may rearing aquariums that were either reduce the impact of warming pose an extinction risk that is cause for aerated with 390 ppm (current-day temperatures and allow populations to ± ± concern for yellowtail damselfish. control), 728 88, or 1008 78 ppm persist across their current range. This ± (mean SD) carbon dioxide enriched air The petition also states that elevated study reveals the importance of trans- (Munday et al., 2009; Dixson et al., sea surface temperatures ‘‘can influence generational (across generations) 2010) creating environments with 700 the physiological condition, acclimation as a mechanism for coping and 850 ppm CO2 (see Munday et al. developmental rate, growth rate, early with rapid climate change and (2010) for more details). While Ferrari et life history traits, and reproductive highlights that single generation studies al. (2011) predicted the difference in performance of coral reef fishes, all of risk underestimating the potential of behavioral response in the lab would which can affect their population species to cope.’’ The petition does not translate into differential survival in the dynamics, community structure, and provide any information about the field, the ‘‘four congeneric species geographical distributions,’’ citing aerobic scope of yellowtail damselfish, showed striking and unexpected Nilsson et al. (2009). We reviewed nor do we have any information in our variation in CO2 tolerance.’’ The Nilsson et al. (2009) and found the files. Therefore, we do not believe antipredator responses were reduced at results show physiological responses to Nilsson et al. (2009), Donelson et al. the 700 ppm level, but did not changes in water temperature. Nilsson (2011), and Johansen and Jones (2011), disappear, while at the 850 ppm level, et al. (2009) examined the capacity of are reliable sources for the premise that three out of four species did not show five species of marine fish to perform elevated sea temperatures will affect the an adaptive antipredator response, and aerobically (aerobic scope). They found physiological response of yellowtail the fourth maintained an antipredator that all five species exhibited a decline damselfish to the extent it poses an response similar to the response level of in aerobic capacity at elevated water extinction risk of concern to the species. the 700 ppm exposure. Additionally, all temperatures (31, 32, or 33 °C) Results from a study by Munday et al. fish displayed antipredator responses to compared to the control (29 °C); the (2008) are also included in the petition odors from injured conspecifics, which three damselfish species tested retained to indicate how larval growth rates and is considered a reliable cue of general over half their aerobic scope at 33 °C, recruitment of some reef fishes can predation risk (Ferrari et al., 2010). The while all capacity for additional oxygen increase with warmer water. Munday et

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al. (2008) documented high variability Finding sending a written request to: 55 Great in response at both the individual and After reviewing the information Republic Drive, Gloucester, MA 01930, species level. Many coral reef fishes contained in the petition, as well as Attn: Brett Alger. have geographical ranges spanning a information readily available in our FOR FURTHER INFORMATION CONTACT: wide temperature gradient and some files, we conclude the petition does not Brett Alger, Fishery Management have short generation times. These present substantial scientific or Specialist, (978) 675–2153, fax (978) characteristics are conducive to commercial information indicating that 281–9135, email Brett.Alger@ acclimation or local adaptation to listing the yellowtail damselfish as NOAA.gov. climate change and provide potential for either an endangered species or as a more resilient species to persist SUPPLEMENTARY INFORMATION: threatened species may be warranted. (Munday et al., 2008). Amendment 16 (75 FR 18262; April 9, Thus, we conclude the petition did References Cited 2010) to the Northeast Multispecies Fishery Management Plan (FMP) not explain, nor do we have information A complete list of all references is in our files explaining, how expanded the sector management available on our Web site: http:// physiological effects of elevated carbon program, including requirements to sero.nmfs.noaa.gov/protected_ dioxide or elevated temperature would ensure accurate monitoring of sector at- resources/listing_petitions/species_esa_ have negative effects on yellowtail sea catch and dockside landings, and consideration/index.html . damselfish. As we have noted, many of common pool dockside landings. the references presented by the petition Authority Framework Adjustment 48 to the FMP (Framework 48, 78 FR 26118, May 3, show highly variable physiological The authority for this action is the responses by individuals and species to 2013) revised the goals and objectives Endangered Species Act of 1973, as for sector monitoring programs. various stimuli (elevated carbon dioxide amended (16 U.S.C. 1531 et seq.). or increased temperatures) and no Dated: February 11, 2015. Standards for Approving At-Sea reliable inference to yellowtail Monitoring Service Providers damselfish population responses can be Samuel D. Rauch, III, drawn. We conclude the petition does Deputy Assistant Administrator for Regulations at 50 CFR 648.87(b)(4) not provide reliable support for the Regulatory Programs, National Marine describe the criteria for NMFS approval premise that the effects of ocean Fisheries Service. of at-sea monitoring service providers. warming or ocean acidification may be [FR Doc. 2015–03326 Filed 2–17–15; 8:45 am] NMFS is approving service providers for posing extinction risk that is cause for BILLING CODE 3510–22–P fishing year 2015 (beginning May 1, concern for yellowtail damselfish. 2015) based on: (1) Completeness of In summary, we conclude the applications, (2) determination of the petitions’ characterization of ocean DEPARTMENT OF COMMERCE applicant’s ability to perform the duties acidification and ocean warming as and responsibilities of a sector posing negative fitness consequences to National Oceanic and Atmospheric monitoring service provider, and (3) be broad statements of generalized Administration performance as NMFS-funded providers threats and do not indicate that ocean RIN 0648–XD710 in fishing year 2014. NE multispecies acidification and ocean warming sectors are required to design and directly threaten the survival or pose Magnuson-Stevens Act Provisions; implement independent, third-party at- extinction risk that is cause for concern Fisheries of the Northeastern United sea monitoring programs in fishing year to the yellowtail damselfish. Therefore, States; Northeast Multispecies 2015, and are responsible for the costs we conclude the petition does not Fishery; Approved Monitoring Service of these monitoring requirements, present substantial scientific or Providers unless otherwise instructed by NMFS. commercial information indicating the For fishing year 2014, NMFS petitioned action may be warranted due AGENCY: National Marine Fisheries approved A.I.S., Inc.; East West to other natural or manmade factors. Service (NMFS), National Oceanic and Technical Services, LLC; MRAG Atmospheric Administration (NOAA), Americas, Inc.; Fathom Research, LLC; Synergistic threats Commerce. and ACD USA Ltd. as service providers Additionally, we do not find that the ACTION: Notice, approved monitoring based on the completeness of their combination of proposed threats to service providers. application, addressing the regulatory yellowtail damselfish poses extinction requirements (§ 648.87(b)(4)(i)), risk that is cause for concern for SUMMARY: NMFS has approved five determination of ability, and yellowtail damselfish. The proposed companies to provide at-sea monitoring performance during previous fishing threat from loss of habitat or habitat services to Northeast multispecies years. Once approved, providers must degradation is overstated because not all vessels in fishing year 2015. Regulations document having met performance coral species are highly vulnerable to implementing Amendment 16 to the requirements in order to maintain the threats associated with global Northeast Multispecies Fishery eligibility (§ 648.87(b)(4)(ii)). NMFS can climate change, some coral species will Management Plan require third-party at- disapprove any previously approved survive, and yellowtail damselfish are sea monitoring service providers to service provider during the fishing year capable of habitat adaptations in apply to, and be approved by, NMFS in if the service provider in question response to changes in composition of a manner consistent with the ceases to meet the performance coral species on reefs; harvest of the Administrative Procedure Act in order standards. NMFS must notify service species is minimal; and physiological to be eligible to provide at-sea providers of disapproval in writing. responses to increased carbon dioxide monitoring services to sectors. levels and sea temperature vary widely. ADDRESSES: Copies of the list of NMFS- Approved Monitoring Service Providers Therefore, we do not believe these approved sector monitoring service NMFS received complete applications proposed threats act synergistically on providers are available at http:// from five companies interested in yellowtail damselfish to pose extinction www.greateratlantic.fisheries.noaa.gov/ providing at-sea monitoring services in risk that is cause for concern. sustainable/species/multispecies/ or by fishing year 2015; these were the same

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