Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices 51235 Council to comment more quickly on FOR FURTHER INFORMATION CONTACT: determination, we first consider proposed activities and projects, and Krista Graham, NMFS, Pacific Islands whether a group of organisms enable the Council to work more Regional Office, (808) 725–5152; or constitutes a ‘‘species’’ under the ESA, effectively in addressing fish habitat and Kimberly Maison, NMFS, Pacific Islands then whether the status of the species ecosystem issues in our region. Regional Office, (808) 725–5143; or qualifies it for listing as either Chelsey Young, NMFS, Office of threatened or endangered. Section 3 of Special Accommodations Protected Resources, (301) 427–8491. the ESA defines ‘‘species’’ to include The meeting is physically accessible SUPPLEMENTARY INFORMATION: ‘‘any subspecies of fish or wildlife or to people with disabilities. Requests for plants, and any distinct population sign language interpretation or other Background segment of any species of vertebrate fish auxiliary aid should be directed to M. On September 14, 2012, we received or wildlife which interbreeds when Jan Saunders, (302) 526–5251, at least 5 a petition from the Center for Biological mature.’’ On February 7, 1996, NMFS days prior to the meeting date. Diversity (Center for Biological and the U.S. Fish and Wildlife Service Dated: August 19, 2015. Diversity, 2012) to list eight species of (USFWS; together, the Services) adopted pomacentrid reef fish as threatened or a policy describing what constitutes a Emily H. Menashes, endangered under the ESA and to distinct population segment (DPS) of a Deputy Director, Office of Sustainable designate critical habitat for these taxonomic species (the DPS Policy; 61 Fisheries, National Marine Fisheries Service. species concurrent with the listing. The FR 4722). The DPS Policy identifies two [FR Doc. 2015–20831 Filed 8–21–15; 8:45 am] species are the orange clownfish elements that must be considered when BILLING CODE 3510–22–P (Amphiprion percula) and seven other identifying a DPS: (1) The discreteness damselfishes: The yellowtail damselfish of the population segment in relation to (Microspathodon chrysurus), Hawaiian the remainder of the species (or DEPARTMENT OF COMMERCE dascyllus (Dascyllus albisella), blue- subspecies) to which it belongs; and (2) National Oceanic and Atmospheric eyed damselfish (Plectroglyphidodon the significance of the population Administration johnstonianus), black-axil chromis segment to the remainder of the species (Chromis atripectoralis), blue-green (or subspecies) to which it belongs. As [Docket No. 130718637–5699–02] damselfish (Chromis viridis), reticulated stated in the DPS Policy, Congress damselfish (Dascyllus reticulatus), and expressed its expectation that the RIN 0648–XC775 blackbar devil or Dick’s damselfish Services would exercise authority with (Plectroglyphidodon dickii). Given the regard to DPSs sparingly and only when Endangered and Threatened Wildlife geographic ranges of these species, we the biological evidence indicates such and Plants; Notice of 12-Month Finding divided our initial response to the action is warranted. Based on the on a Petition To List the Orange petition between our Pacific Islands scientific information available, we Clownfish as Threatened or Regional Office (PIRO) and Southeast determined that the orange clownfish Endangered Under the Endangered Regional Office (SERO). PIRO led the (Amphiprion percula) is a ‘‘species’’ Species Act response for the seven Indo-Pacific under the ESA. There is nothing in the AGENCY: National Marine Fisheries species. On September 3, 2014, PIRO scientific literature indicating that this Service (NMFS), National Oceanic and published a positive 90-day finding (79 species should be further divided into Atmospheric Administration (NOAA), FR 52276) for the orange clownfish subspecies or DPSs. Commerce. announcing that the petition presented Section 3 of the ESA defines an substantial scientific or commercial endangered species as ‘‘any species ACTION: Notice of 12-month finding and information indicating the petitioned which is in danger of extinction availability of a status review report. action of listing the orange clownfish throughout all or a significant portion of SUMMARY: We, NMFS, announce a 12- may be warranted and explained the its range’’ and a threatened species as month finding and listing determination basis for that finding. We also one ‘‘which is likely to become an on a petition to list the orange clownfish announced a negative 90-day finding for endangered species within the (Amphiprion percula) as threatened or the six Indo-Pacific damselfishes: The foreseeable future throughout all or a endangered under the Endangered Hawaiian dascyllus, blue-eyed significant portion of its range.’’ We Species Act (ESA). We have completed damselfish, black-axil chromis, blue- interpret an ‘‘endangered species’’ to be a comprehensive status review under green damselfish, reticulated one that is presently in danger of the ESA for the orange clownfish and damselfish, and blackbar devil or Dick’s extinction. A ‘‘threatened species,’’ on we determined that, based on the best damselfish. SERO led the response to the other hand, is not presently at risk scientific and commercial data the petition to list the yellowtail of extinction, but is likely to become so available, the orange clownfish does not damselfish and, on February 18, 2015, in the foreseeable future. In other words, warrant listing under the ESA. We announced a negative 90-day finding for the primary statutory difference conclude that the orange clownfish is that species (80 FR 8619). between an endangered and threatened In our positive 90-day finding for the not currently in danger of extinction species is the timing of when a species orange clownfish, we also announced throughout all or a significant portion of may be in danger of extinction, either the initiation of a status review of the presently (endangered) or in the its range and is not likely to become so species, as required by section 4(b)(3)(A) foreseeable future (threatened). within the foreseeable future. of the ESA, and requested information When we consider whether a species DATES: The finding announced in this to inform the agency’s decision on might qualify as threatened under the notice was made on August 24, 2015. whether the species warranted listing as ESA, we must consider the meaning of ADDRESSES: You can obtain the petition, endangered or threatened under the the term ‘‘foreseeable future.’’ It is status review report, 12-month finding, ESA. appropriate to interpret ‘‘foreseeable and the list of references electronically We are responsible for determining future’’ as the horizon over which on our NMFS Web site at: http:// whether species are threatened or predictions about the conservation www.fpir.noaa.gov/PRD/prd_reef_ endangered under the ESA (16 U.S.C. status of the species can be reasonably fish.html. 1531 et seq.). To make this relied upon. The foreseeable future VerDate Sep<11>2014 16:48 Aug 21, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\24AUN1.SGM 24AUN1 tkelley on DSK3SPTVN1PROD with NOTICES 51236 Federal Register / Vol. 80, No. 163 / Monday, August 24, 2015 / Notices considers the life history of the species, the foreseeable future, throughout all of individually and collectively provide habitat characteristics, availability of its range. strong indicators of extinction risk. data, particular threats, ability to predict (3) The range of a species is Scientific conclusions about the threats, and the reliability to forecast the considered to be the general overall risk of extinction faced by the effects of these threats and future events geographical area within which that orange clownfish under present on the status of the species under species can be found at the time USFWS conditions and in the foreseeable future consideration. Because a species may be or NMFS makes any particular status are based on our evaluation of the susceptible to a variety of threats for determination. This range includes species’ demographic risks and section which different data are available, or those areas used throughout all or part 4(a)(1) threat factors. Our assessment of which operate across different time of the species’ life cycle, even if they are overall extinction risk considered the scales, the foreseeable future is not not used regularly (e.g., seasonal likelihood and contribution of each necessarily reducible to a particular habitats). Lost historical range is particular factor, synergies among number of years. In determining an relevant to the analysis of the status of contributing factors, and the cumulative appropriate ‘‘foreseeable future’’ the species, but it cannot constitute an effects of all demographic risks and timeframe for the orange clownfish, we SPR. threats to the species. considered the generation length of the (4) If a species is not endangered or NMFS PIRO staff conducted the status species and the estimated life span of threatened throughout all of its range review for the orange clownfish. In the species. Generation length, which but is endangered or threatened within order to complete the status review, we reflects turnover of breeding individuals an SPR, and the population in that compiled information on the species’ and accounts for non-breeding older significant portion is a valid DPS, we biology, demography, ecology, life individuals, is greater than first age of will list the DPS rather than the entire history, threats, and conservation status breeding but lower than the oldest taxonomic species or subspecies. from information contained in the breeding individual (IUCN 2015) (i.e., We considered this policy in petition, our files, a comprehensive the age at which half of total evaluating whether to list the orange literature search, and consultation with reproductive output is achieved by an clownfish as endangered or threatened experts. We also considered information individual). For the orange clownfish, under the ESA. submitted by the public in response to we estimated this to range between 6 Section 4(a)(1) of the ESA requires us our petition findings.