Vol. 79 Tuesday, No. 241 December 16, 2014 Part IV Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 Endangered and Threatened Wildlife and Plants; 12-Month Finding for the Eastern Taiwan Strait Indo-Pacific Humpback Dolphin, Dusky Sea Snake, Banggai Cardinalfish, Harrisson’s Dogfish, and Three Corals Under the Endangered Species Act; Proposed Rule VerDate Sep<11>2014 20:47 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16DEP4.SGM 16DEP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 74954 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules DEPARTMENT OF COMMERCE DATES: Comments on our proposed rule of status reviews for each of the 27 to list eight species must be received by species (78 FR 63941, October 25, 2013; National Oceanic and Atmospheric February 17, 2015. Public hearing 78 FR 66675, November 6, 2013; 78 FR Administration requests must be made by January 30, 69376, November 19, 2013; 79 FR 9880, 2015. February 21, 2014; and 79 FR 10104, 50 CFR Parts 223 and 224 ADDRESSES: You may submit comments February 24, 2014). This document [Docket No. 140707555–4999–01] on this document, identified by NOAA– addresses the findings for 7 of those 27 NMFS–2014–0083, by any of the species: the Eastern Taiwan Strait RIN 0648–XD370 following methods: population of Indo-Pacific humpback • dolphin (Sousa chinensis), dusky sea Endangered and Threatened Wildlife Electronic Submissions: Submit all electronic public comments via the snake (Aipysurus fuscus), Banggai and Plants; 12-Month Finding for the cardinalfish (Pterapogon kauderni), Eastern Taiwan Strait Indo-Pacific Federal eRulemaking Portal. Go to www.regulations.gov/ Harrisson’s dogfish (Centrophorus Humpback Dolphin, Dusky Sea Snake, harrissoni), and the corals Cantharellus Banggai Cardinalfish, Harrisson’s #!docketDetail;D=NOAA-NMFS-2014- 0083. Click the ‘‘Comment Now’’ icon, noumeae, Siderastrea glynni, and Dogfish, and Three Corals Under the Tubastraea floreana. The remaining 20 Endangered Species Act complete the required fields, and enter or attach your comments. species will be addressed in subsequent findings. AGENCY: National Marine Fisheries • Mail: Submit written comments to, We are responsible for determining Service (NMFS), National Oceanic and Lisa Manning, NMFS Office of Protected whether species are threatened or Atmospheric Administration (NOAA), Resources (F/PR3), 1315 East West endangered under the ESA (16 U.S.C. Commerce. Highway, Silver Spring, MD 20910, USA. 1531 et seq.). To make this ACTION: Proposed rule; 12-month determination, we consider first petition finding; request for comments. Instructions: You must submit comments by one of the above methods whether a group of organisms constitutes a ‘‘species’’ under the ESA, SUMMARY: We, NMFS, have completed to ensure that we receive, document, then whether the status of the species comprehensive status reviews under the and consider them. Comments sent by qualifies it for listing as either Endangered Species Act (ESA) for seven any other method, to any other address threatened or endangered. Section 3 of foreign marine species in response to a or individual, or received after the end of the comment period, may not be the ESA defines a ‘‘species’’ to include petition to list those species. These ‘‘any subspecies of fish or wildlife or seven species are the Eastern Taiwan considered. All comments received are a part of the public record and will plants, and any distinct population Strait population of Indo-Pacific segment of any species of vertebrate fish humpback dolphin (Sousa chinensis), generally be posted for public viewing on http://www.regulations.gov without or wildlife which interbreeds when dusky sea snake (Aipysurus fuscus), mature.’’ On February 7, 1996, NMFS Banggai cardinalfish (Pterapogon change. All personal identifying information (e.g., name, address, etc.), and the U.S. Fish and Wildlife Service kauderni), Harrisson’s dogfish (USFWS; together, the Services) adopted confidential business information, or (Centrophorus harrissoni), and the a policy describing what constitutes a otherwise sensitive information corals Cantharellus noumeae, distinct population segment (DPS) of a submitted voluntarily by the sender will Siderastrea glynni, and Tubastraea taxonomic species (the DPS Policy; 61 be publicly accessible. We will accept floreana. We have determined that the FR 4722). The DPS Policy identified two anonymous comments (enter ‘‘N/A’’ in Eastern Taiwan Strait Indo-Pacific elements that must be considered when the required fields if you wish to remain humpback dolphin is not a distinct identifying a DPS: (1) The discreteness anonymous). Attachments to electronic population segment and therefore does of the population segment in relation to comments will be accepted in Microsoft not warrant listing. We have determined the remainder of the species (or Word, Excel, or Adobe PDF file formats that, based on the best scientific and subspecies) to which it belongs; and commercial data available, and after only. (2) the significance of the population You can obtain the petition, status taking into account efforts being made segment to the remainder of the species review reports, the proposed rule, and to protect the species, Pterapogon (or subspecies) to which it belongs. As the list of references electronically on kauderni, and Centrophorus harrissoni stated in the DPS Policy, Congress our NMFS Web site at http:// meet the definition of a threatened expressed its expectation that the www.nmfs.noaa.gov/pr/species/ species; and Aipysurus fuscus, Services would exercise authority with petition81.htm. Cantharellus noumeae, Siderastrea regard to DPSs sparingly and only when glynni, and Tubastraea floreana meet FOR FURTHER INFORMATION CONTACT: Lisa the biological evidence indicates such the definition of an endangered species. Manning, NMFS, Office of Protected action is warranted. Therefore, we propose to list these six Resources (OPR), (301) 427–8403. Section 3 of the ESA defines an species under the ESA. We are not SUPPLEMENTARY INFORMATION: endangered species as ‘‘any species proposing to designate critical habitat which is in danger of extinction for any of the species proposed for Background throughout all or a significant portion of listing, because the geographical areas On July 15, 2013, we received a its range’’ and a threatened species as occupied by these species are entirely petition from WildEarth Guardians to one ‘‘which is likely to become an outside U.S. jurisdiction, and we have list 81 marine species as threatened or endangered species within the not identified any unoccupied areas that endangered under the Endangered foreseeable future throughout all or a are currently essential to the Species Act (ESA). This petition significant portion of its range.’’ We conservation of any of these species. We included species from many different interpret an ‘‘endangered species’’ to be are soliciting comments on our taxonomic groups, and we prepared our one that is presently in danger of proposals to list the six species. We are 90-day findings in batches by taxonomic extinction. A ‘‘threatened species,’’ on also proposing related administrative group. We found that the petitioned the other hand, is not presently in changes to our lists of threatened and actions may be warranted for 27 of the danger of extinction, but is likely to endangered species. 81 species and announced the initiation become so in the foreseeable future (that VerDate Sep<11>2014 20:47 Dec 15, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16DEP4.SGM 16DEP4 mstockstill on DSK4VPTVN1PROD with PROPOSALS4 Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Proposed Rules 74955 is, at a later time). In other words, the of our status reviews, including for biology, ecology, life history, threats, primary statutory difference between a Pacific salmonids, Pacific hake, walleye and conservation status from threatened and endangered species is pollock, Pacific cod, Puget Sound information contained in the petition, the timing of when a species may be in rockfishes, Pacific herring, scalloped our files, a comprehensive literature danger of extinction, either presently hammerhead sharks, and black abalone search, and consultation with experts. (endangered) or in the foreseeable future (see http://www.nmfs.noaa.gov/pr/ We also considered information (threatened). species/ for links to these reviews). In submitted by the public in response to When we consider whether species this approach, the collective condition our petition findings. Draft status review might qualify as threatened under the of individual populations is considered reports were also submitted to ESA, we must consider the meaning of at the species level according to four independent peer reviewers; comments the term ‘‘foreseeable future.’’ It is demographic viability factors: and information received from peer appropriate to interpret ‘‘foreseeable Abundance, growth rate/productivity, reviewers were addressed and future’’ as the horizon over which spatial structure/connectivity, and incorporated as appropriate before predictions about the conservation diversity. These viability factors reflect finalizing the draft reports. status of the species can be reasonably concepts that are well-founded in Each status review report provides a relied upon. The foreseeable future conservation biology and that thorough discussion of demographic considers