47592 Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules

Avenue SE, Washington, DC 20590, DEPARTMENT OF COMMERCE • Electronic Submissions: Submit all between 9 a.m. and 5 p.m., ET, Monday electronic public comments via the through Friday, except Federal holidays. National Oceanic and Atmospheric Federal eRulemaking Portal. Go to Administration www.regulations.gov/ Privacy Act #!docketDetail;D=NOAA-NMFS-2018- 50 CFR Parts 223 and 224 Under 5 U.S.C. 553(c), DOT solicits 0060. Click the ‘‘Comment Now’’ icon, comments from the public to better [Docket No. 180503449–8782–01] complete the required fields, and enter inform its potential rulemaking process. or attach your comments. RIN 0648–XG232 • DOT posts these comments, without Mail: Submit written comments to Lance Smith, NOAA IRC, NMFS/PIRO/ edit, including any personal information Endangered and Threatened Wildlife; PRD, 1845 Wasp Blvd., Bldg. 176, the commenter provides, to Positive 90-Day Finding on a Petition Honolulu, HI 96818. www.regulations.gov, as described in To List the Cauliflower Coral, Instructions: Comments sent by any the system of records notice (DOT/ALL– Pocillopora Meandrina, in Hawaii as other method, to any other address or 14 FDMS), which can be reviewed at Endangered or Threatened Under the individual, or received after the end of www.dot.gov/privacy. Endangered Species Act the comment period, may not be Background AGENCY: National Marine Fisheries considered by NMFS. All comments Service (NMFS), National Oceanic and received are a part of the public record The August 23, 2018 ANPRM (83 FR Atmospheric Administration (NOAA), and will generally be posted for public 42631) asked for public comment on Department of Commerce. viewing on www.regulations.gov four subject areas: Short haul ACTION: 90-day petition finding, request without change. All personal identifying operations, adverse conditions, the 30- for information, and initiation of status information (e.g., name, address, etc.), minute break, and the split-sleeper berth review. confidential business information, or provision. The ANPRM also sought otherwise sensitive information public comment on two petitions for SUMMARY: We, NMFS, announce a 90- submitted voluntarily by the sender will rulemaking from the Owner-Operator day finding on a petition to list the be publicly accessible. NMFS will Independent Drivers Association cauliflower coral (Pocillopora accept anonymous comments (enter (OOIDA) and TruckerNation. meandrina) in Hawaii as an endangered ‘‘N/A’’ in the required fields if you wish FMCSA held a public listening or threatened species under the to remain anonymous). session on August 24, 2018, at the Great Endangered Species Act (ESA). The Copies of the petition and related American Truck Show, in Dallas, Texas petition requested that the Hawaii materials are available on our website at (83 FR 42630). population of P. meandrina be http://www.fisheries.noaa.gov/species/ considered a significant portion of the Pocillopora-meandrina. Extension of the Public Comment range of the species, and that the species FOR FURTHER INFORMATION CONTACT: Period be listed because of its status in Hawaii. Lance Smith, NMFS, Pacific Islands Our policy on the interpretation of the The comment period for the ANPRM Regional Office, Protected Resources phrase ‘‘Significant Portion of Its was set to expire on September 24, 2018 Division, (808) 725–5131; or Chelsey Range’’ (SPR) under the ESA states that, (83 FR 42631). FMCSA received several Young, NMFS, Office of Protected before undergoing an SPR analysis, we Resources, 301–427–8403. requests to extend the comment period, must first find that the species is neither SUPPLEMENTARY INFORMATION: as noted above. Copies of the requests endangered nor threatened throughout are included in the docket referenced at all of its range. Therefore, we interpret Background the beginning of this notice. the petition as a request to consider the On March 14, 2018, we received a The organizations requested various status of P. meandrina throughout its petition from the Center for Biological lengths of time for the extension ranging range first. We find that the petition and Diversity to list the cauliflower coral from 30 to 60 days, stating that the other readily available information in (Pocillopora meandrina) in Hawaii as an additional time was needed to enable our files indicates that P. meandrina endangered or threatened species under them to prepare more comprehensive may warrant listing as a threatened the ESA. The petition asserts that P. responses based on research and species or an endangered species meandrina in Hawaii is threatened by at information that has only recently been throughout its range. Thus, we will least four of the five ESA section 4(a)(1) released or is expected to be released at initiate a global status review of P. factors: (1) Pesent modification of its upcoming industry meetings. meandrina to determine whether listing habitat; (2) disease and predation; (3) FMCSA has determined that it throughout its range is warranted. If inadequacy of existing regulatory extending the comment period would not, we will determine if Hawaii mechanisms: and (4) other natural or provide the organizations additional constitutes an SPR, and proceed manmade factors, specifically ocean time to prepare more detailed comments accordingly. To ensure that the status warming and ocean acidification that are reflective of the concerns of review is comprehensive, we are resulting from global climate change. their members. Accordingly, FMCSA soliciting scientific and commercial Copies of the petition are available upon extends the comment period for all information pertaining to P. meandrina request (see ADDRESSES). comments on the ANPRM to October 10, from any interested party. 2018. DATES: Information and comments on ESA Statutory, Regulatory, and Policy the subject action must be received by Provisions and Evaluation Framework Issued under the authority of delegations November 19, 2018. in 49 CFR 1.87: September 14, 2018. Section 4(b)(3)(A) of the ESA of 1973, ADDRESSES: You may submit comments, as amended (16 U.S.C. 1531 et seq.), Cathy F. Gautreaux, information, or data on this document, requires, to the maximum extent Deputy Administrator. identified by the code NOAA–NMFS– practicable, that within 90 days of [FR Doc. 2018–20430 Filed 9–19–18; 8:45 am] 2018–0060, by either of the following receipt of a petition to list a species as BILLING CODE 4910–EX–P methods: threatened or endangered, the Secretary

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of Commerce make a finding on whether species, any distinct population reliable and a reasonable person would that petition presents substantial segment (DPS) that interbreeds when conclude it supports the petitioners’ scientific or commercial information mature (16 U.S.C. 1532(16)). Because P. assertions. In other words, conclusive indicating that the petitioned action meandrina is an invertebrate, it cannot information indicating the species may may be warranted, and promptly qualify as a DPS. Under the ESA, a meet the ESA’s requirements for listing publish such finding in the Federal species is ‘‘endangered’’ if it is in danger is not required to make a positive 90- Register (16 U.S.C. 1533(b)(3)(A)). When of extinction throughout all or a day finding. We will not conclude that it is found that substantial scientific or significant portion of its range, or a lack of specific information alone commercial information in a petition ‘‘threatened’’ if it is likely to become negates a positive 90-day finding if a indicates the petitioned action may be endangered within the foreseeable reasonable person would conclude that warranted (a ‘‘positive 90-day finding’’), future throughout all or a significant the unknown information itself suggests we are required to commence a portion of its range (ESA sections 3(6) an extinction risk of concern for the comprehensive review of the status of and 3(20), respectively, 16 U.S.C. species at issue. See 50 CFR 424.14 for the species concerned using the best 1532(6) and (20)). The petition requests regulations on petitions under the ESA. available scientific and commercial that the Hawaii portion of the species’ Our determination as to whether the information, which we will conclude range be considered a significant petition provides substantial scientific with a finding as to whether, in fact, the portion of its range, thus the petition or commercial information indicating petitioned action is warranted. This focuses primarily on the status of P. that the petitioned action may be finding is due within 12 months of meandrina in Hawaii. However, the warranted depends in part on the degree receipt of the petition. Because the petition also requests that P. meandrina to which the petition includes the finding at the 12-month stage is based be listed throughout its range, and following types of information: (1) on a more thorough review of the provides some information on its status Information on current population available information, compared to the and threats outside of Hawaii. Our status and trends and estimates of narrow scope of review at the 90-day policy on the interpretation of the current population sizes and stage, a ‘‘may be warranted’’ 90-day phrase ‘‘significant portion of its range’’ distributions, both in captivity and the finding does not prejudge the outcome (SPR) under the ESA (79 FR 37577, July wild, if available; (2) identification of of the 12-month finding. 1, 2014) states that, before undergoing the factors under section 4(a)(1) of the ESA-implementing regulations issued an analysis of SPR, we must first find ESA that may affect the species and jointly by NMFS and USFWS (50 CFR that the species is neither endangered where these factors are acting upon the 424.14(h)(1)(i)) define ‘‘substantial nor threatened throughout all of its species; (3) whether and to what extent scientific or commercial information’’ in range. Therefore, we interpret the any or all of the factors alone or in the context of reviewing a petition to petition as a request to consider the combination identified in section 4(a)(1) list, delist, or reclassify a species as status of P. meandrina throughout its of the ESA may cause the species to be credible scientific or commercial range first; and if appropriate, an endangered species or threatened information in support of the petition’s subsequently consider whether P. species (i.e., the species is currently in claims such that a reasonable person meandrina in Hawaii constitutes an SPR danger of extinction or is likely to conducting an impartial scientific and the status of that SPR. become so within the foreseeable review would conclude that the action future), and, if so, how high in proposed in the petition may be At the 90-day finding stage, we magnitude and how imminent the warranted. Conclusions drawn in the evaluate the petitioners’ request based threats to the species and its habitat are; petition without the support of credible upon the information in the petition (4) information on adequacy of scientific or commercial information including its references and the regulatory protections and effectiveness will not be considered ‘‘substantial information readily available in our of conservation activities by States as information.’’ In evaluating whether files. We do not conduct additional well as other parties, that have been substantial information is contained in research, and we do not solicit initiated or that are ongoing, that may the petition, we consider whether the information from parties outside the protect the species or its habitat; and (5) petition (1) Clearly indicates the agency to help us in evaluating the a complete, balanced representation of administrative measure recommended petition. We are not required to consider the relevant facts, including information and gives the scientific and any any supporting materials cited by the that may contradict claims in the common name of the species involved; petitioner if the petitioner does not petition. See 50 CFR 424.14(d). (2) contains a detailed narrative provide electronic or hard copies, to the The factors under section 4(a)(1) of justification for the recommended extent permitted by U.S. copyright law, the ESA that may affect the species are measure, describing, based on available or appropriate excerpts or quotations as follows: (1) The present or threatened information, past and present numbers from those materials (e.g., publications, destruction, modification, or and distribution of the species involved maps, reports, and letters from curtailment of habitat or range; (2) and any threats faced by the species; (3) authorities). We will accept the overutilization for commercial, provides information regarding the petitioners’ sources and recreational, scientific, or educational status of the species over all or a characterizations of the information purposes; (3) disease or predation; (4) significant portion of its range; and (4) presented if they appear to be based on inadequacy of existing regulatory is accompanied by the appropriate accepted scientific principles, unless we mechanisms to address identified supporting documentation in the form have specific information in our files threats; rand (5) any other natural or of bibliographic references, reprints of that indicates the petition’s information manmade factors affecting the species’ pertinent publications, copies of reports is incorrect, unreliable, obsolete, or existence (16 U.S.C. 1533(a)(1), 50 CFR or letters from authorities, and maps (50 otherwise irrelevant to the requested 424.11(c)). Information presented on CFR 424.14(b)(2)). action. Information that is susceptible to these factors should be specific to the Under the ESA, a listing more than one interpretation or that is species and should reasonably suggest determination addresses the status of a contradicted by other available that one or more of these factors may be species, which is defined to also include information will not be dismissed at the operative threats that act or have acted subspecies and, for any vertebrate 90-day finding stage, so long as it is on the species to the point that it may

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warrant protection under the ESA. of similar environmental conditions or The recent taxonomic revision to some Broad statements about generalized other reasons); and (2) morphologically Pocillopora species did not propose any threats to the species, or identification different colonies may be the same changes to P. meandrina (Schmidt- of factors that could negatively impact species (i.e., colonies of the same Roach et al., 2014); (2) other recent a species, do not constitute substantial species appear different because of papers have found that Pocillopora information indicating that listing may different environmental conditions or species, including P. meandrina, are be warranted. We look for information other reasons). Because of the genetically distinct from one another indicating that not only is the particular taxonomic uncertainty for the genus (Johnston et al., 2017, 2018), and; (3) the species exposed to a factor, but that the Pocillopora, we concluded in the final growing genetic information on P. species may be responding in a negative listing rule that no final listing decision meandrina could lead to the description fashion; then we assess the potential could be made for the two Pocillopora of sub-species rather than new species, significance of that negative response. species that had been proposed for but sub-species are treated as species listing in 2012 (P. elegans, P. danae; 79 under the ESA. Therefore, P. meandrina Taxonomy of the Petitioned P. meandrina FR 53851; September 10, 2014). may be a type of entity that is eligible Other recent papers on genetic or for listing under the ESA. As described in the final rule to list morphological aspects of Pocillopora 20 species of coral under the ESA (79 taxonomy that were in our files when Habitat, Range, and Life History FR 53851; September 10, 2014), the we received the petition (Johnston et al., Pocillopora meandrina occurs on morphology-based taxonomy of the 2017; Johnston et al., 2018; Pas-Garcia et shallow reefs and amongst coral genus Pocillopora, including P. al., 2015; Schmidt-Roach et al., 2014) communities on rocky reefs at depths of meandrina, has been called into indicate that gross morphological 1 to 27m, and is common in high-energy question by several recent genetics plasticity is characteristic of Pocillopora reef front environments (shallow papers. A range-wide phylogeographic species, thus morphological data should forereef) throughout its range (Fenner, survey that included most currently be supplemented with genetic data for 2005; Hoeksma et al., 2014; Veron, recognized pocilloporid species found accurate identification of species 2000). In Hawaii and the eastern Pacific, that reliance on colony morphology is (Johnston et al., 2017). A combined P. meandrina is often the dominant broadly unreliable for species genetics and morphology study of species in shallow forereef coral identification, and that several genetic several Pocillopora species, including P. communities (Fenner, 2005; Glynn, groups have highly limited geographic meandrina, did not propose any 2001). It is found on most coral reefs of distributions. The study concluded that taxonomic changes to P. meandrina. the Indo-Pacific and eastern Pacific, ‘‘a taxonomic revision informed The study found that, in contrast to with its range encompassing over 180° foremost by genetic evidence is needed morphological similarities, P. verrucosa longitude from the western Indian for the entire genus’’ (Pinzo 301;n et al., and P. meandrina are very distinct Ocean to the eastern Pacific Ocean, and 2013). Similarly, a phylogeographic genetically, and P. meandrina is much approximately 60° latitude from the survey of several currently recognized more closely related to P.eydouxi than northern Ryukyu Islands to central pocilloporid species representing a to P. verrucosa genetically (Schmidt- western Australia in the western Pacific, range of atypical morphologies thought Roach et al., 2014). The morphological and the Gulf of California to Easter to be rare or endemic to remote plasticity of Pocillopora species was Island in the eastern Pacific (Corals of locations throughout the Indo-Pacific shown by a study of P. damicornis and the World website http:// found that (1) the current taxonomy of P. inflata at a site in the southern Gulf www.coralsoftheworld.org/). Pocillopora based on colony of California that coincided with a shift Pocillopora meandrina has a morphology shows little to a higher frequency of storms and branching colony morphology, is a correspondence with genetic groups; (2) lower water turbidity. Over the 44- broadcast spawner, and has rapid colony morphology is far more variable month period of the study, 23 percent skeletal growth, allowing it to recruit than previously thought; and (3) there of the P. damicornis colonies changed quickly to available substrate and are numerous cryptic lineages (i.e., two shape to P. inflata morphology, successfully compete for space (Darling or more distinct lineages that are providing an in situ demonstration of et al, 2012). High recruitment rates, classified as one due to morphological the influence of temporal shifts in rapid skeletal growth, and successful similarities). The study concluded that environmental conditions on competition are well documented for P. ‘‘the genus Pocillopora is in need of morphologically plastic responses (Pas- meandrina in Hawaii (e.g., Brown, 2004; taxonomic revision using a combination Garcia et al., 2015). A genomic study Grigg and Maragos, 1974) and the of genetic, microscopic characters, and found that Pocillopora species are eastern Pacific (e.g., Jimee´nez and reproductive data to accurately genetically distinct from one another, Cortee´s, 2003). delineate species’’ (Marti-Puig et al., and that there is a lack of introgressive While such competitive reef coral 2014). Likewise, a more limited study of hybridization between species. Some of species typically dominate ideal several currently recognized these authors went on to develop a environments, they also have higher pocilloporid species in Moorea, French genetic technique for identification of susceptibility to threats such as elevated Polynesia found that genetic groups do Hawaiian Pocillopora species, and seawater temperatures than reef coral not correspond to colony morphology, found that morphology-based species with generalist, weedy, or stress- and exhibit a wide range of identifications often led to P. ligulata tolerant life histories (Darling et al., morphological variation (Forsman et al., being mistaken for P. meandrina 2012). For example, P. meandrina was 2013). (Johnston et al., 2018). among the most affected reef coral These studies demonstrate that colony Despite doubt raised by traditional species in the 2014 and 2015 mass morphology in pocilloporids is a poor morphology-based taxonomy, other bleaching events in Hawaii (Kramer et indicator of taxonomic relationships for readily available information in our files al., 2016; Rodgers et al., 2017). That the following reasons: (1) presents substantial scientific or said, the life history characteristics of P. Morphologically similar colonies may commercial information indicating that meandrina provide some buffering not be the same species (i.e., colonies of P. meandrina may constitute a valid against threats such as warming- different species appear similar because species for the following reasons: (1) induced bleaching by allowing for rapid

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recovery from die-offs. For example, in et al., 2017; see ‘‘Other Natural or Analysis of ESA Section 4(a)(1) Factors 2016, P. meandrina populations in the Manmade Factors—Ocean Warming’’ Although the petition presents main Hawaiian Islands were already section below). While there are information on at least four of the five showing signs of recovery from the 2014 currently no estimates available of the ESA factors in section 4(a)(1) of the ESA and 2015 bleaching mortality (PIFSC, total abundance or overall population (e.g., present modification of its habitat; unpublished data). trends for P. meandrina in the main disease and predation; inadequacy of The species has several other Hawaiian Islands, the above information regulatory mechanisms; and other characteristics that may also provide strongly indicates that the species has natural or manmade factors), the buffering against some threats, been in decline in this area, and that the information presented in the petition, including the capacity for decline was accelerated by the back-to- together with other readily available acclimatization and adaptation to back mass bleaching events of 2014 and information in our files, regarding ocean changing conditions, the potential for 2015. warming (Factor E) is substantial range expansion as previously enough to make a determination that a unsuitable habitat becomes suitable, and It is likely that P. meandrina has a broad range that encompasses declined in abundance across most, if reasonable person conducting an extensive habitat heterogeneity. The not all, of its range, over the past 50 to impartial scientific review could bleaching and mortality of some 100 years, and that the decline has conclude that this species may warrant colonies of a coral species on a reef, recently accelerated. For most of the listing as endangered or threatened followed by the recovery of hardier world’s reef corals, Carpenter et al. based on this factor alone. As such, we colonies, is the process by which (2008; Supplementary Information) focus our discussion below on ocean acclimatization and adaptation of a extrapolated species abundance trend warming and subsequent warming- species to ocean warming occurs, and estimates from total live coral cover induced coral bleaching and mortality, has been documented in some trends (i.e., all reef coral species and present our evaluation of the Pocillopora species (e.g., Rodrı´guez- combined) and habitat types. For P. information regarding this factor alone Troncoso, et al., 2010; Coles et al., meandrina, the overall decline in and its impact on the extinction risk of 2018). As conditions change in response abundance was estimated at 22 percent the species. However, we note that in to ocean warming, some areas that were over the 30-year period up to 2006 the status review for this species, we previously too cold for reef corals may (‘‘Percent Population Reduction’’), and will evaluate all ESA section 4(a)(1) factors to determine whether any one or become suitable, potentially allowing 10 percent over the 30 year period up a combination of these factors are range expansion of certain species into to the 1998 bleaching event (‘‘Back-cast causing declines in the species or likely these areas (Yamano et al., 2011; Yara et Percent Population Reduction’’). to substantially negatively affect the al., 2011). Finally, habitat conditions are However, total live coral cover trends species such that that P. meandrina is highly heterogeneous across the ranges are highly variable both spatially and either presently at risk of extinction or of broadly-distributed reef corals such temporally, thus data from the same likely to become so in the foreseeable as P. meandrina, creating a patchwork location and time period can be future. of conditions that may potentially interpreted differently (Bellwood et al., provide refugia to threats (Fine et al., 2004; Sweatman et al., 2011), and Other Natural or Manmade Factors— 2013; McClanahan et al., 2011). species trends do not necessarily Ocean Warming Abundance and Population Trends correlate with overall live coral cover Information presented in the petition trends. Thus, quantitative inferences of Although there is little species- and other readily available information specific, range-wide data on P. species-specific trends from total live in our files indicate that the most meandrina’s abundance and population coral cover trends should be interpreted important threat to P. meandrina across trends, there are some data available on with caution. At the same time, an its range currently and in the future, and the species’ abundance and population extensive body of literature documents to the Indo-Pacific reef coral trends in the main Hawaiian Islands global declines in live coral cover, communities of which P. meandrina is portion of the Hawaiian archipelago, accompanied by shifts to coral reef a part, is ocean warming and subsequent which indicate a significant decrease in communities dominated by hardier warming-induced coral bleaching and coral cover over a recent 14-year period, coral species or algae over the past 50 mortality. Based on this information, we followed by severe bleaching events. to 100 years (e.g., Birkeland, 2004; provide summaries of the (1) observed The Hawaii Coral Reef Assessment and Brainard et al., 2011; Pandolfi et al., ocean warming to date; (2) projected Monitoring Program (CRAMP) monitors 2003; Sale and Szmant, 2012; Veron et ocean warming; (3) observed effects of species-level live coral cover at 60 al., 2009). Recently, these changes have warming-induced mass bleaching on permanent stations throughout the main accelerated in response to an Indo-Pacific reef coral communities and Hawaiian Islands. From 1999 to 2012, P. unprecedented series of mass bleaching P. meandrina to date; and (4) projected meandrina decreased in live coral cover events across the majority of the world’s effects of warming-induced mass by 36.1 percent for all stations coral reefs (Hoegh-Guldberg et al., 2017; bleaching on Indo-Pacific reef coral combined (Rodgers et al., 2015). Hughes 2018a, 2018b; Lough et al., communities and P. meandrina. Subsequently, P. meandrina was 2018), 90 percent of which are in the (1) Observed Ocean Warming. As severely impacted in parts of the Indo-Pacific. Given that P. meandrina described in the 2014 final rule listing Hawaiian archipelago due to back-to- occurs in many areas affected by these 20 reef coral species as threatened (79 back warming-induced bleaching events broad changes, and it is susceptible to FR 53851; September 10, 2014), we in 2014 and 2015. Surveys of the both global and local threats, the species considered the International Panel on impacts of these bleaching events on P. likely declined in abundance over the Climate Change’s (IPCC) Fifth meandrina in the northwestern and past 50 to 100 years across most, if not Assessment Report (AR5) ‘‘Climate main Hawaiian Islands show high levels all, of its range, and that the decline has Change 2013: The Physical Science of bleaching and post-bleaching recently accelerated; but, a precise Basis’’ (IPCC, 2013) to be the best mortality in some locations (Couch et quantification is not possible based on available information on the physical al., 2017; Kramer et al., 2016; Rodgers the limited species-specific information. basis of ocean warming as well as future

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projections. Thus the following section (e.g., RCP2.6 = 2.6 W/m2 in 2100). The considerably greater (IPCC, 2013). As is based largely on IPCC (2013), four pathways have atmospheric CO2 described in detail in the RCP8.5 supplemented by more recent equivalents of 421 (RCP2.6), 538 Projections section of the 2014 coral information. Since the Industrial (RCP4.5), 670 (RCP6.0), and 936 ppm final listing rule, these global mean Revolution in the mid-19th century, the (RCP 8.5) in 2100, and follow very projections are not necessarily magnitude and pace of greenhouse gases different trajectories to reach those representative of ocean surface emissions (GHGs; e.g., carbon dioxide endpoints. Mean global warming temperature conditions throughout the (CO2) and methane) have rapidly estimates by 2100 for the pathways are ranges and habitats of reef corals in the increased, resulting in steadily higher 1.0°C (RCP2.6), 1.8°C (RCP4.5), 2.2°C future, due both to spatial variability atmospheric GHG concentrations, the (RCP6.0), and 3.7°C (RCP8.5). The four and to statistical range of the RCP8.5 most influential of which is CO2. The new pathways were developed with the ocean warming projections (79 FR IPCC found that these changes have intent of providing a wide range of total 53851; September 10, 2014). resulted in warming of the global climate forcing to guide policy (3) Observed Effects of Warming- climate system since the 1950s due to discussions and specifically include one induced Mass Coral Bleaching. The trapping of the sun’s heat in the mitigation pathway leading to a very frequency, intensity, and magnitude of atmosphere by the GHGs (i.e., the low forcing level (RCP2.6), two mass coral bleaching events has rapidly greenhouse effect). With regard to global stabilization pathways (RCP4.5 and increased since the early 1980s, ocean warming that has already RCP6), and one pathway with continued suggesting that tropical coral reef occurred, the IPCC determined that the high GHG emissions (RCP8.5; IPCC, systems are transitioning to a new era in upper ocean (0¥700 m) warmed from 2013). which the interval between recurrent 1971 to 2010, including warming of the The climate change projections, bouts of coral bleaching is too short for upper 75 m by 0.11°C per decade. including for ocean warming, ocean a full recovery of mature assemblages Warming varied regionally among the acidification, and sea level rise, in the (Hughes et al., 2018b). oceans, but all oceans warmed between 2014 coral final listing rule were based Warming-induced coral bleaching 1971 and 2010, including the tropical on RCP8.5 in IPCC’s AR5 (IPCC, 2013). occurs when elevated seawater and sub-tropical Indo-Pacific (IPCC, RCP8.5 assumes a continued status quo temperatures cause the expulsion of the 2013). increase in global GHG emissions over host coral’s symbiotic zooxanthellae in IPCC (2013) was based on data the 21st century. The NMFS 2014 rule response to thermal stress. While mild collected through 2010, but overall for 20 reef-building corals used RCP8.5 to moderate bleaching does not global warming (oceans and land as its basis. Indeed, global energy- necessary cause coral mortality, combined) and ocean warming have related CO2 emissions grew by repeated or prolonged bleaching can both continued at an even greater pace approximately 10 percent, with seven of lead to colony mortality. Many coral since then. Global temperatures (ocean those 10 years setting new historic highs physiological processes are optimized to and land combined) in 2015 and 2016 (IEA, 2018); and global atmospheric CO2 the local long-term seasonal and were the warmest since instrumental concentration grew from 385 to 407 interannual variations in seawater record keeping began in the 19th parts per million, with each year setting temperature experienced by the corals, century (NASA, 2016). Ocean warming new historic highs, according to and an increase of only 1°C–2°C above has continued, and there was more NOAA’s Earth System Research the normal local seasonal maximum can ocean warming in 2014–2016 than any Laboratory station on Mauna Kea, induce bleaching. Bleaching is best previous three-year period on record Hawaii (https://www.esrl.noaa.gov/gmd/ predicted by using an index of (Jewett and Romanou, 2017). There is ccgg/trends/). Thus, the best available accumulated thermal stress above a consensus among several different current information continues to locally established threshold (Brainard methods of monitoring seawater support the NMFS policy that RCP8.5 is et al., 2011). Most coral species are temperatures that ocean warming has the most likely pathway in the future. susceptible to bleaching, but this continued unabated since 2010 both RCP8.5 projects that global annual susceptibility varies among taxa. In globally and regionally in all of the mean ocean surface temperatures will addition, many coral species exhibit world’s oceans (Gleckler et al., 2016; increase from 2013 levels by various levels of adaptation or Cheng et al., 2017; Wang et al., 2018). approximately 0.4–1.0°C by 2030, acclimatization to elevated seawater Between 1998 and 2015, the greatest approximately 0.7–2.0°C by 2060, and temperatures. While coral bleaching warming was recorded in the Southern approximately 2.0–5.0°C by 2100, patterns are complex, there is general Ocean, the tropical/subtropical Pacific further exacerbating the impacts of agreement that thermal stress has led to Ocean, and the tropical/subtropical ocean warming on corals and coral accelerated bleaching and mass Atlantic Ocean (Cheng, et al., 2017). reefs. In the Indo-Pacific, projected mortality during the past several (2) Projected Ocean Warming. IPCC’s changes in annual median ocean surface decades. During the years 1983, 1987, AR5 uses projected changes in the temperatures under RCP8.5 will 1995, 1996, 1998, 2002, 2004, 2005, global climate system to model potential increase from 2013 levels by 2014, 2015, and 2016, widespread patterns of future climate based on a set approximately 0.0–1.0°C by 2035, 1.0– warming-induced coral bleaching and of four Representative Concentration 3.0°C by 2065, and 2.0–5.0°C by 2100. mortality was documented in many reef Pathways (RCPs) that provide a standard Spatial variability in the projections coral communities that P. meandrina is framework for consistently modeling consists mostly of larger increases in the part of in the Indo-Pacific and the future climate change. The RCP system Red Sea, Persian Gulf, and the Coral eastern Pacific (Jokiel and Brown, 2004; is based on levels of positive ‘‘radiative Triangle, and lower increases in the Kenyon and Brainard, 2006; Brainard et forcing,’’ defined as the net energy gain central and eastern Indian Ocean and al., 2011; Rodgers et al., 2017; Hughes relative to the 1986–2005 average by the south-central Pacific. The percent et al., 2017a, 2018a). The bleachings of year 2100 in terms of watts per square ranges in the projections described 2014–2016 were the longest, most meter (W/m2); thus, higher values above are for the 25 to 75 percent range widespread, and likely the most equate to greater warming over the time confidence intervals, however the range damaging coral bleaching events on period. The four pathways are named of projections within the 5 to 95 percent record. They affected more coral reefs RCP2.6, RCP4.5, RCP6.0, and RCP8.5 range confidence intervals are than any previous global bleaching

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event, and were worse in some locales central and northern GBR to determine mid-21st century then modestly decline than ever recorded before (e.g., Great the responses of 31 reef coral taxonomic as renewable energy becomes more Barrier Reef/GBR, Kiribati, Jarvis groups to the bleaching event, including common, and is most similar to RCP6.0 Island). Heat stress during this event ‘‘other Pocillopora’’ (P. meandrina and (IPCC, 2013). Despite the drop of GHGs also caused mass bleaching in several P. verrucosa). This group was the third- in the late 21st century in the A1B reefs where bleaching had never been most bleached of the 31 groups. A sub- scenario, this analysis projected recorded before (e.g., northernmost sample of 43 of the most affected reefs precipitous declines in live coral cover GBR; Eakin, 2017). was re-surveyed in November 2016 to (all reef corals combined, including P. According to the information in the determine the extent of post-bleaching meandrina) in the northwestern petition and other readily available mortality and subsequent loss of live Hawaiian Islands between 2030 and information in our files, warming- coral cover, which showed that the 2050, and steady declines over the 21st induced bleaching and mortality have ‘‘other Pocillopora’’ group had century in the main Hawaiian Islands impacted P. meandrina, including in approximately 55 percent loss of live (Hoeke et al., 2011). These results the Hawaiian archipelago and the GBR. coral cover (Hughes et al., 2017a, illustrate the concept of ‘‘commitment’’, In Hawaii, P. meandrina is one of the 2018a). i.e., the world’s oceans are currently most common coral species and often Although difficulty in identification committed to some future warming from dominates the forereef coral community. of Pocillopora species and lack of the CO2 build-up already in the The consecutive bleaching events of species-level field surveys means little atmosphere, even if anthropogenic 2014 and 2015 in the Hawaiian of the available information on the emissions went to zero now (IPCC, archipelago were unprecedented in impacts of warming-induced bleaching 2013). As explained above, for the scale, intensity, and magnitude, and P. on Pocillopora species is specifically for purpose of this finding, we will assume meandrina was one of the most severely P. meandrina, the family Pocilloporidae that RCP8.5 in IPCC’s Fifth Assessment affected reef coral species (Couch et al., and the genus Pocillopora are highly Report (IPCC, 2013) is the most likely 2017; Rodgers et al., 2017). Surveys in susceptible to warming-induced pathway, but Hoeke et al. (2011) base late 2014 at multiple sites on four bleaching relative to other reef corals. A their analysis on the more optimistic islands in the northwestern Hawaiian survey of the susceptibilities of 40 reef A1B scenario (similar to RCP6.0). Thus, Islands showed 15.5 percent of P. coral taxa to the 1998 warming-induced we project that conditions in the meandrina colonies had been bleached mass bleaching event on the GBR found Hawaiian Islands in the future will be (colonies that lost >50% of that three Pocilloporidae species (P. worse than projected by Hoeke et al. pigmentation). Surveys were repeated in damicornis, Stylophora pistillata, (2011). 2015 for post-bleaching mortality of Seriatopora hysrix) were among the coral species making up >1 percent of seven most susceptible taxa (Marshal Projections of the responses of the live coral at the 2014 survey sites. Only and Baird, 2000). Similarly, a survey of world’s corals and coral reefs one site had >1 percent of P. meandrina the sensitivities of 39 reef coral genera ecosystems to ocean warming have been in 2014, and that site had no P. to the 1998 bleaching event in the addressed recently by several papers meandrina in 2015 (Couch et al., 2017). Indian Ocean found Pocillopora to be that project coral responses to one or Surveys of eight sites in Hanauma Bay eighth-most susceptible of the 39 genera more of the IPCC’s four pathways in the on Oahu in 2015 and 2016 found that (McClanahan et al., 2007). In a study future. An analysis of the likely reef 64 percent of P. meandrina colonies carried out from 1997 to 2010 on the coral disease outbreaks resulting from showed ‘‘signs of bleaching’’, and that responses of a diverse reef coral ocean warming projected by RCP4.5 and 1.3 percent of the P. meandrina colonies assemblage in Japan to bleaching events RCP8.5 concluded that both pathways suffered total post-bleaching mortality in 1998 and 2001, Pocillopora species are likely to cause sharply increased, (Rodgers et al., 2017). Surveys at eight fared the worst of all genera, nearly but spatially highly variable, levels of permanent monitoring sites on the west dying out in 1998 and not recovering by coral disease in the future, and that the coast of the Big Island of Hawaii in 2015 2010 (van Woesik, et al., 2011). A meta- outbreaks would be more widespread, showed a mean loss in live coral cover analysis of studies conducted between frequent, and severe under RCP8.5 than (all species combined) of 49.6 percent. 1987 and 2012 at five locations in the RCP4.5 (Maynard et al, 2015). An Surveys of the seven sites where P. Indo-Pacific (Moorea, GBR, Kenya, analysis of the timing and extent of meandrina had been abundant before Hawaii, and Taiwan) found that the Annual Severe Bleaching (ASB) of the the bleaching events showed that 77.6 absolute and relative cover of many world’s coral reefs under RCP4.5 vs percent of the P. meandrina colonies coral genera including Pocillopora RCP8.5 found that the global average suffered total post-bleaching mortality declined in abundance, while some timing of ASB would be only 11 years (Kramer et al., 2016). genera showed no change in abundance, later under RCP4.5 than RCP8.5, and The 2016 warming-induced bleaching and a few genera increased in that >75 percent of all reefs still would event across the Indo-Pacific was the abundance (Edmunds et al., 2014). experience ASB before 2070 under worst in recorded history in terms of (4) Projected Effects of Warming- RCP4.5 (van Hooidonk et al, 2016). An severity and duration of elevated induced Mass Coral Bleaching. analysis of the responses of coral reefs seawater temperatures and ensuing Projections of ocean warming and to increased warming and acidification mass coral bleaching and mortality subsequent mass coral bleaching suggest under all four pathways found that only (Lough et al., 2018). Much of the GBR these events will increase in frequency, RCP2.6 would allow the current was affected by the elevated seawater intensity, and magnitude across the downward trend in coral reefs to temperatures, resulting in bleaching Indo-Pacific, including the great stabilize, and that RCP4.5 would likely levels of 75–100 percent on many of the majority of P. meandrina’s range. Hoeke drive the elimination of most coral reefs GBR’s northern reefs, and a mean et al. (2011) projected future changes to by 2040–2050 (Hoegh-Guldberg et al., reduction in live coral cover of 30 coral growth and mortality in the 2017). Hughes et al., (2017b) analyzed percent across the entire 2,300 km GBR Hawaiian archipelago based the A1B the responses of coral reefs to RCP2.6 between March and November 2016. In scenario from the IPCC’s Fourth and to the implementation of the 2015 March and April 2016, a survey was Assessment Report (IPCC, 2007). This Paris Agreement (which would result in conducted on 83 reefs spanning the scenario assumes GHGs will peak in the a scenario roughly equivalent to RCP4.5)

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and found that RCP2.6 would result in Indo-Pacific, is projected to continue at (4) The effects of climate change, approximately the same amount of an accelerated rate in the future; (3) including ocean warming and additional warming and bleaching by substantial warming-induced mass acidification, on the distribution and 2100 that has occurred over the last bleaching of Indo-Pacific reef coral condition of P. meandrina and other century, and that implementation of the communities, including P. meandrina, organisms in coral reef ecosystems over Paris Agreement (i.e., RCP4.5) would has already occurred and continues to the short- and long-term; lead to severe consequences for coral occur; and (4) warming-induced mass (5) The effects of other threats reefs (Hughes et al., 2017b), despite the bleaching of Indo-Pacific reef coral including dredging; coastal fact that RCP6.0 and RCP8.5 would be communities, including P. meandrina, development; land-based sources of even worse. Another analysis regarding is projected to steadily increase in pollution, including coastal point responses of coral reefs if global frequency, intensity, and magnitude in source pollution, and agricultural and warming is limited to 1.5°C, 2.0°C, or the future. In short, ocean warming is land use practices; disease, predation, 3°C (roughly equivalent to RCP4.5, expected to continue to affect P. the trophic effects of fishing, the RCP6.0, and RCP8.5) found that meandrina throughout its range in the aquarium trade, physical damage from estimated levels of thermal stress would future. boats and anchors, marine debris, be approximately seven, 11, and 23 Petition Finding aquatic invasive species on the times, respectively, the level of thermal distribution and abundance of P. stress that these reefs have already After reviewing the information meandrina over the short- and long- experienced since 1878, and presented in the petition and other term; and the inadequacy of regulatory approximately two, three, and six times readily available information in our mechanisms; and the level of thermal stress experienced files, we find that listing P. meandrina (6) Management programs for in 2016 (Lough et al., 2018). across its range may be warranted based conservation of P. meandrina, including All five analyses considered the on the threat of ocean warming alone. mitigation measures related to any of impacts of one or both of the IPCC’s Therefore, in accordance with section the threats listed under (5) above. lower emissions pathways (RCP2.6 and 4(b)(3)(B) of the ESA and NMFS’ We request that all information be RCP4.5), and each analysis reached the implementing regulations (50 CFR accompanied by (1) supporting same conclusion: Even these lower 424.14), we will commence a status documentation such as maps, emissions pathways are likely to have review of this species. During the status bibliographic references, or reprints of more severe impacts to reef corals in the review, we will determine whether P. pertinent publications; and (2) the future than have been observed in meandrina is in danger of extinction submitter’s name, address, and any recent years (Hoegh-Guldberg et al., (endangered) or likely to become so association, institution, or business that 2017; Hughes et al., 2017b; Lough et al., (threatened) throughout all or a the person represents. 2018; Maynard et al, 2015; van significant portion of its range. If listing Hooidonk et al, 2016), partially because is warranted, we will publish a References Cited the GHG emissions that have already proposed rule and solicit public A complete list of references upon occurred have irreversibly locked in a comments before developing and request from Lance Smith, NOAA IRC, certain amount of warming due to publishing a final rule. If we determine NMFS/PIRO/PRD, 1845 Wasp Blvd., ‘‘commitment,’’ as described above. that the species is in danger of Bldg. 176, Honolulu, HI 96818. Indo-Pacific reef corals would likely be extinction or likely to become so in the even more severely impacted by foreseeable future throughout all of its Authority warming-induced bleaching events range, we will list the species as The authority for this action is the resulting from ocean warming under the endangered or threatened, and it will be Endangered Species Act of 1973, as other two pathways in the future, unnecessary to determine if Hawaii amended (16 U.S.C. 1531 et seq.). especially RCP8.5, as shown by two constitutes a significant portion of the Dated: September 17, 2018. analyses (Hoegh-Guldberg et al., 2017b; species’ range. If P. meandrina is not van Hooidonk et al, 2016). Although P. proposed for listing as endangered or Samuel D. Rauch III, meandrina has several life history threatened throughout all of its range, Deputy Assistant Administrator for characteristics that may buffer some of we will then determine if Hawaii Regulatory Programs, National Marine Fisheries Service. the effects of ocean warming (refer back constitutes a significant portion of the to the Habitat, Range, and Life History species’ range. If so, we will determine [FR Doc. 2018–20512 Filed 9–19–18; 8:45 am] section of this finding), based on the the status of P. meandrina in Hawaii, BILLING CODE 3510–22–P effects of warming-induced bleaching to and proceed accordingly (79 FR 37578; date on P. meandrina and its relatively July 1, 2014). high susceptibility to warming, the DEPARTMENT OF COMMERCE information in the petition and other Information Solicited National Oceanic and Atmospheric readily available information in our files To ensure that the status review is Administration suggests this species may be severely based on the best available scientific affected across its range in the future by and commercial data, we are soliciting 50 CFR Part 635 ocean warming projected under RCP8.5. information on whether P. meandrina is Ocean Warming Summary. From the endangered or threatened. Specifically, [Docket No. 180212159–8159–01] above analysis of ocean warming and its we are soliciting information in the RIN 0648–BH75 effects on P. meandrina and the coral following areas: reef community of which P. meandrina (1) Historical and current distribution Atlantic Highly Migratory Species; is a part, we find four key points to be and abundance of P. meandrina Shortfin Mako Shark Management relevant: (1) Substantial ocean warming, throughout its range; Measures; Proposed Amendment 11; including in the tropical/subtropical (2) Historical and current condition of Comment Period Extension Indo-Pacific, has already occurred and P. meandrina and its habitat; continues to occur; (2) ocean warming, (3) Population density and trends of AGENCY: National Marine Fisheries including in the tropical/subtropical P. meandrina; Service (NMFS), National Oceanic and

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