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Federal Register/Vol. 80, No. 8/Tuesday, January 13, 2015 1616 Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Proposed Rules 1–800–378–3160 or via email DEPARTMENT OF COMMERCE Fisheries Service, Pacific Islands www.BCPIWEB.com. This document Regional Office, NOAA Inouye Regional does not contain proposed information National Oceanic and Atmospheric Center, 1845 Wasp Blvd., Building 176, collection requirements subject to the Administration Honolulu, HI 96818. Paperwork Reduction Act of 1995, Æ To submit written comments Public Law 104–13. In addition, 50 CFR Part 223 regarding the species listed in Table 2 therefore, it does not contain any [Docket No. 0911231415–4999–04] below, contact the Southeast Region: proposed information collection burden Stephania Bolden, Protected Resources RIN 0648–XT12 ‘‘for small business concerns with fewer Division, National Marine Fisheries Service, Southeast Regional Office, 263 than 25 employees,’’ pursuant to the Advanced Notice of Proposed Small Business Paperwork Relief Act of 13th Avenue South, Saint Petersburg, Rulemaking and Request for FL 33701. 2002, Public Law 107–198, see 44 U.S.C. Information for the Issuance of 3506(c)(4). Protective Regulations Under Section FOR FURTHER INFORMATION CONTACT: Lance Smith, NMFS, Pacific Islands Provisions of the Regulatory 4(d) of the Endangered Species Act for the Conservation of Threatened Corals Regional Office, 808–725–5131; Flexibility Act of 1980 do not apply to Kimberly Maison, NMFS, Pacific Islands this proceeding. AGENCY: National Marine Fisheries Regional Office, 808–725–5143; Members of the public should note Service (NMFS), National Oceanic and Stephania Bolden, NMFS, Southeast that from the time a Notice of Proposed Atmospheric Administration (NOAA), Regional Office, 727–824–5312; or Rule Making is issued until the matter Commerce. Marta Nammack, NMFS Office of is no longer subject to Commission ACTION: Advanced notice of proposed Protected Resources, 301–427–8469. consideration or court review, all ex rulemaking; request for information. SUPPLEMENTARY INFORMATION: parte contacts are prohibited in SUMMARY: We, the National Marine Background Commission proceedings, such as this Fisheries Service (NMFS), are one, which involve channel allotments. On September 10, 2014, we published considering proposing protective See 47 CFR 1.1204(b) for rules a final rule listing 20 species of coral as regulations to provide for the governing permissible ex parte contacts. threatened under the ESA (79 FR conservation of the 20 coral species 53851). The 15 Indo-Pacific species For information regarding proper recently listed as threatened under the include Acropora globiceps, Acropora filing procedures for comments, see 47 Endangered Species Act (ESA). Fifteen jacquelineae, Acropora lokani, CFR 1.415 and 1.420. of the listed species occur in the Indo- Acropora pharaonis, Acropora retusa, Pacific and five occur in the Caribbean. List of Subjects in 47 CFR Part 73 Acropora rudis, Acropora speciosa, This advanced notice of proposed Acropora tenella, Anacropora spinosa, Radio, Radio broadcasting. rulemaking (ANPR) is intended to alert Isopora crateriformis, Euphyllia other agencies and the public of our Federal Communications Commission. paradivisa, Montipora australiensis, planning efforts and request public Porites napopora, Pavona diffluens, and Nazifa Sawez, input that will assist in identifying Seriatopora aculeata. The five Assistant Chief, Audio Division, Media actions and activities that may impact Caribbean species include Dendrogyra Bureau. the status of these corals, as well as cylindrus, Orbicella annularis, Orbicella information on the existence and For the reasons discussed in the faveolata, Orbicella franksi, and efficacy of on-going conservation Mycetophyllia ferox. The final listing preamble, the Federal Communications activities. This information will help rule describes the background of the Commission proposes to amend 47 CFR inform our evaluation of what, if any, listing actions for these 20 corals and part 73 as follows: protective regulations are necessary and provides a summary of our conclusions advisable for the conservation of these regarding the statuses of the listed PART 73—RADIO BROADCAST species. SERVICES corals. For additional background and a DATES: Responses to this request for summary of natural history and threats information must be received by March to the species, the reader is referred to ■ 1. The authority citation for part 73 16, 2015. the Status Review Report, Supplemental continues to read as follows: ADDRESSES: You may submit comments, Information Report, and Final Listing Authority: 47 U.S.C. 154, 303, 334, 336 information, or data on this document, Rule (all three are available at http:// and 339. identified by NOAA–NMFS–2014–0158, www.fpir.noaa.gov/PRD/prd_ by any of the following methods: coral.html). At the time of listing we did § 73.202 [Amended] • Electronic Submissions: Submit all not propose any protective regulations ■ 2. Section 73.202(b), the Table of FM electronic public comments via the pursuant to section 4(d) of the ESA. Allotments under Oklahoma, is Federal e-Rulemaking Portal ESA section 9(a)(1) prohibitions are amended by adding Wright City, www.regulations.gov. Go to automatically applied to species listed Channel 295A. www.regulations.gov/ as endangered but not to species listed #!docketDetail;D=NOAA-NMFS-2014- as threatened. Section 4(d) of the ESA [FR Doc. 2015–00341 Filed 1–12–15; 8:45 am] 0158. Click the ‘‘Comment Now’’ icon, provides that, whenever a species is BILLING CODE 6712–01–P complete the required fields, and enter listed as threatened, the Secretary of or attach your comments. Commerce (Secretary) shall issue such • Mail: regulations as she deems necessary and Æ To submit written comments advisable to provide for the regarding the species listed in Table 1 conservation of the species. Such below, contact the Pacific Islands regulations may include any or all of the Region: Lance Smith, Protected prohibitions in ESA section 9(a)(1) that Resources Division, National Marine apply automatically to species listed as VerDate Sep<11>2014 16:38 Jan 12, 2015 Jkt 235001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\13JAP1.SGM 13JAP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Proposed Rules 1617 endangered. Those section 9(a)(1) currently in danger of extinction but are endangered species. For those prohibitions make it unlawful, with likely to become so within the prohibitions we do apply, we may also limited specified exceptions, for any foreseeable future. In the final listing provide exceptions for certain person subject to the jurisdiction of the rule we identified nine threats to the circumstances in which extending the United States to: ‘‘(A) Import any such corals that posed either a current or take prohibitions is not necessary and species into, or export any such species future extinction risk (79 FR 53851; advisable. For example, we can exempt from the United States; (B) take any September 10, 2014) and further from regulations activities that may take such species within the United States or classified the threats by importance. listed corals but ultimately provide an the territorial sea of the United States; Primary threats identified include ocean overall conservation benefit. (C) take any such species upon the high warming, disease, and ocean Seven of the 15 threatened Indo- seas; (D) possess, sell, deliver, carry, acidification. Threats of medium to low Pacific coral species have been transport, or ship, by any means importance include trophic effects of whatsoever, any such species taken in fishing, sedimentation, nutrient confirmed to occur within U.S. Pacific violation of subparagraphs (B) and (C); enrichment, sea-level rise, predation, jurisdictional areas including Guam, the (E) deliver, receive, carry, transport, or and collection and trade. See Tables 1 Commonwealth of the Northern Mariana ship in interstate or foreign commerce, and 2 below for U.S. distributions of Islands, the Pacific Remote Island areas, by any means whatsoever and in the these 20 threatened coral species. For and American Samoa (See Table 1). This course of a commercial activity, any more details on the individual status information may change as more such species; (F) sell or offer for sale in reviews, threat susceptibilities, and surveys are conducted and better interstate or foreign commerce any such listing determinations for each species, information becomes available. The species; or (G) violate any regulation please see the final listing rule (79 FR remaining eight threatened Indo-Pacific pertaining to such species or to any 53851; September 10, 2014). We also coral species have not yet been reported threatened species of fish or wildlife determined Acropora palmata and or confirmed within U.S. jurisdiction listed pursuant to section 1533 of this Acropora cervicornis continue to and are currently considered to occur title and promulgated by the Secretary warrant listing as threatened species; naturally as foreign species, entirely pursuant to authority provided by this the ESA 4(d) rule (73 FR 64264; October outside of U.S. jurisdiction; however, chapter.’’ Section 11 of the ESA 29, 2009) for those two species they may be observed within U.S. provides for civil and criminal penalties previously listed in 2006 remains jurisdictions in future surveys, and for violations of section 9 or regulations effective. several are commonly imported into the issued under the ESA. United States for the marine aquarium Whether section 9(a)(1) prohibitions Developing Protective Regulations trade. All five threatened Caribbean or other regulations are necessary and corals occur within U.S. jurisdiction advisable to provide for the We are now considering whether (See Table 2). One of the section 9(a)(1) conservation of species depends in large there are protective regulations that are part upon the biological status of the necessary and advisable for the prohibitions that may be applied species, the potential impacts of various conservation of these 20 recently listed pursuant to section 4(d) is the activities on the species, and on factors corals.
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