Federal Register, Volume 80 Issue 194 (Wednesday, October 7, 2015)

[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60560-60565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25484]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 140707555-5880-02]
RIN 0648-XD370

Endangered and Threatened Wildlife and Plants; Final Rule To List
the Dusky Sea Snake and Three Foreign Corals Under the Endangered
Species Act

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: We, NMFS, issue a final rule to list three foreign corals and
the dusky sea snake under the Endangered Species Act (ESA). We
considered comments submitted on the proposed listing rule and have
determined that the three foreign corals (Cantharellus noumeae,
Siderastrea glynni, and Tubastraea floreana) and the dusky sea snake
(Aipysurus fuscus) should be listed as endangered species. We will not
designate critical habitat for any of the species because the
geographical areas occupied by these species are entirely outside U.S.
jurisdiction, and we have not identified any unoccupied areas within
U.S. jurisdiction that are currently essential to the conservation of
any of these species.

DATES: This final rule is effective November 6, 2015.

ADDRESSES: Chief, Endangered Species Division, NMFS Office of Protected
Resources (F/PR3), 1315 East West Highway, Silver Spring, MD 20910,
USA.

FOR FURTHER INFORMATION CONTACT: Dwayne Meadows, Ph.D., NMFS, Office of
Protected Resources, (301) 427-8403.

SUPPLEMENTARY INFORMATION:

Background

On July 15, 2013, we received a petition from WildEarth Guardians
to list 81 marine species as threatened or endangered under the
Endangered Species Act (ESA). We found that the petitioned actions may
be warranted for 27 of the 81 species and announced the initiation of
status reviews for each of the 27 species (78 FR 63941, October 25,
2013; 78 FR 66675, November 6, 2013; 78 FR 69376, November 19, 2013; 79
FR 9880, February 21, 2014; and 79 FR 10104, February 24, 2014). On
December 16, 2014, we published a proposed rule to list the dusky sea
snake (Aipysurus fuscus) and three foreign corals (Cantharellus
noumeae, Siderastrea glynni, and Tubastraea floreana) as endangered
species, and we proposed to list the Banggai cardinalfish (Pterapogon
kauderni) and Harrisson's dogfish (Centrophorus harrissoni) as
threatened species (79 FR 74953). We requested public comment on
information in the status reviews and proposed rule, and the comment
period was open through February 17, 2015. This final rule provides a
discussion of the information we received during the public comment
period and our final determination on the petition to list the three
foreign corals (Cantharellus noumeae, Siderastrea glynni, and
Tubastraea floreana) and the dusky sea snake (Aipysurus fuscus) under
the ESA. Our final determinations for the other species proposed for
listing in the December 16, 2014, proposed rule (79 FR 74953; Banggai
cardinalfish (Pterapogon kauderni) and Harrisson's dogfish
(Centrophorus harrissoni)) will be made in a subsequent rule. The
status of the findings and relevant Federal Register notices for those
and the other 21 species can be found on our Web site at http://www.nmfs.noaa.gov/pr/species/petition81.htm.
We are responsible for determining whether species are threatened
or endangered under the ESA (16 U.S.C. 1531 et seq.). To make this
determination, we consider first whether a group of organisms
constitutes a ``species'' under the ESA, then whether the status of the
species qualifies it for listing as either threatened or endangered.
Section 3 of the ESA defines a ``species'' to include ``any subspecies
of fish or wildlife or plants, and any distinct population segment of
any species of vertebrate fish or wildlife which interbreeds when
mature.''
Section 3 of the ESA defines an endangered species as ``any species
which is in danger of extinction throughout all or a significant
portion of its range'' and a threatened species as one ``which is
likely to become an endangered species within the foreseeable future
throughout all or a significant portion of its range.'' We interpret an
``endangered species'' to be one that is presently in danger of
extinction. A ``threatened species,'' on the other hand, is not
presently in danger of extinction, but is likely to become so in the
foreseeable future (that is, at a later time). In other words, the
primary statutory difference between a threatened and endangered
species is the timing of when a species may be in danger of extinction,
either presently (endangered) or in the foreseeable future
(threatened).
Section 4(a)(1) of the ESA requires us to determine whether any
species is endangered or threatened due to any one or a combination of
the following five threat factors: The present or threatened
destruction, modification, or curtailment of its habitat or range;
overutilization for commercial, recreational, scientific, or
educational purposes; disease or predation; the inadequacy of existing
regulatory mechanisms; or other natural or manmade factors affecting
its continued existence. We are also required to make listing
determinations based solely on the best scientific and commercial data
available, after conducting a review of the species' status and after
taking into account efforts being made by any state or foreign nation
to protect the species.
In making a listing determination, we first determine whether a
petitioned species meets the ESA definition of a ``species.'' Next,
using the best available information gathered during the status

[[Page 60561]]

review for the species, we complete a status and extinction risk
assessment. In assessing extinction risk for these four species, we
considered the demographic viability factors developed by McElhany et
al. (2000) and the risk matrix approach developed by Wainwright and
Kope (1999) to organize and summarize extinction risk considerations.
The approach of considering demographic risk factors to help frame the
consideration of extinction risk has been used in many of our status
reviews, including for Pacific salmonids, Pacific hake, walleye
pollock, Pacific cod, Puget Sound rockfishes, Pacific herring,
scalloped hammerhead sharks, and black abalone (see http://www.nmfs.noaa.gov/pr/species/ for links to these reviews). In this
approach, the collective condition of individual populations is
considered at the species level according to four demographic viability
factors: Abundance, growth rate/productivity, spatial structure/
connectivity, and diversity. These viability factors reflect concepts
that are well-founded in conservation biology and that individually and
collectively provide strong indicators of extinction risk.
We then assess efforts being made to protect the species, to
determine if these conservation efforts are adequate to mitigate the
existing threats. Section 4(b)(1)(A) of the ESA requires the Secretary,
when making a listing determination for a species, to take into
consideration those efforts, if any, being made by any State or foreign
nation to protect the species.

Summary of Comments

In response to our request for comments on the proposed rule, we
received three comments on the three foreign corals, and the Australian
Government Department of the Environment submitted a letter neither
supporting nor opposing our proposed listing of the dusky sea snake.
The letter stated that the dusky sea snake is listed under Australia's
Environment Protection and Biodiversity Conservation Act, and thus it
is currently illegal to kill, injure, take or trade dusky sea snakes.
Because this information was acknowledged and considered in our status
review, this information did not affect the proposal to list the
species as endangered under the ESA. Three parties commented on the
three corals.
Comment 1: One commenter suggested active outside involvement in
the recovery of the species, including partnerships with reef
aquarists.
Response: We agree with the commenter that partnerships enhance
recovery of listed species and that reef aquarists are a potential
partner. We will look for opportunities to partner with parties
interested in the recovery of these species.
Comment 2: One commenter focused on the threat of carbon dioxide
emissions and climate change. They claimed we, and the Departments of
Commerce and Interior, should develop a National Climate Recovery Plan
to protect a wide variety of resources and that we should define
adverse modification under section 7 of the ESA for these proposed
species. This commenter also requested we designate critical habitat
for these species and suggested we alter our conclusion to say with
certainty that each of the three coral species is definitively
threatened by climate change, ocean warming, and sea level rise, and
alter our discussion of regulatory mechanisms and the effects of
listing as a result.
Response: We note that action to develop a National Climate
Recovery Plan is not part of the determination for listing that is the
subject of this action and thus cannot be considered further here. As
we noted in the proposed rule, we cannot designate critical habitat for
these species, as their range is entirely outside U.S. jurisdiction and
we have no evidence that unoccupied areas within our jurisdiction are
necessary for the conservation of any of the species. Because we cannot
designate critical habitat for these species, we have no reason to
define adverse modification of critical habitat under Section 7 of the
ESA for these corals. The commenter provided no species-specific
information on climate change-related threats, so we cannot change our
conclusion that habitat modification resulting from climate change is a
potential threat to all three species of coral. Similarly, based on the
same lack of new species-specific information, we cannot change our
discussion of the adequacy of regulatory mechanisms to address these
threats or the likely effects of listing.
Comment 3: A researcher provided information on studies of the
symbiotic Symbodinium algae residing in five specimens of Siderastrea
glynni. This researcher claims to have identified two symbiont species
in S. glynni, Symbodinium goreauii and Symbodinium trenchii. The
researcher believes there is evidence that the Symbodinium trenchii
occurring in S. glynni is of Caribbean origin and suggests this
provides evidence that S. glynni is from an introduction of Siderastrea
siderea to the eastern Pacific and is not some kind of separate rare
endemic species.
Response: We understand that Symbodinium trenchii and Symbodinium
goreauii also occur in other regions of the Pacific as symbionts with
other coral species. We are also aware that the strain of Symbodinium
trenchii occurring in S. glynni also occurs in Caribbean corals,
including species of Siderastrea (Pettay et al., 2015). According to
Guzman (personal communication (the person who described S. glynni)),
the research for the original description of S. glynni found that the
species was more closely related to a fossil species from Baja
California, Mexico than to the Caribbean S. siderea. If S. glynni has a
long history in the eastern Pacific as some of the data suggest
(Forsman et al., 2005), it could have been the source of, or another
host for, the strain of Symbodinium trenchii that recently entered the
Caribbean Sea. Alternatively, a Caribbean Siderastrea siderea could
have recently invaded the eastern Pacific through the Panama Canal
after the evolution of the Caribbean strain of Symbodinium trenchii.
Under this scenario then, S. glynni would not be a unique species
(Forsman et al., 2005). The direction and timing of movement of the
strain of Symbodinium trenchii that occurs in S. glynni across the
Isthmus of Panama between the Caribbean Sea and the eastern Pacific
Ocean is thus uncertain, and the data on these symbionts may not be
adequate to definitely distinguish among the competing hypotheses for
the origin and taxonomy of S. glynni. Guzman (personal communication)
is skeptical that the symbiont data provided by the commenter provides
definitive evidence regarding the taxonomic status of the species. We
agree, and thus decline to alter the existing published taxonomy of the
species.

Status Reviews

Status reviews for the petitioned species addressed in this finding
were conducted by NMFS staff. Separate draft status reviews were
completed for dusky sea snake (Manning, 2014), and the three foreign
corals (Meadows, 2014). In order to complete the status reviews, we
compiled information on the species' biology, ecology, life history,
threats, and conservation status from information contained in the
petition, our files, a comprehensive literature search, and
consultation with experts. We also considered information submitted by
the public and peer reviewers. Prior to publication of the proposed
rule, all status reviews were subjected to peer review. Peer reviewer
comments are available at http://

[[Page 60562]]

www.cio.noaa.gov/services_programs/prplans/PRsummaries.html.
The status review reports provide a thorough discussion of life
history, demographic risks, and threats to the particular species. We
considered all identified threats, both individually and cumulatively,
to determine whether the species responds in a way that causes actual
impacts at the species level. The collective condition of individual
populations was also considered at the species level, according to the
four demographic viability factors discussed above.
The proposed rule (79 FR 74953, December 16, 2014) summarizes
general background information on the species' natural history, range,
reproduction, population structure, distribution and abundance; none of
which has changed since the proposed rule. All of that information is
incorporated herein by reference.

Species Determinations

Based on the best available scientific and commercial information
described above and in the status review reports, we have determined
that the dusky sea snake (Aipysurus fuscus) and the three foreign
corals (Cantharellus noumeae, Siderastrea glynni, and Tubastraea
floreana) are taxonomically-distinct species and therefore meet the
definition of ``species'' pursuant to section 3 of the ESA and are
eligible for listing under the ESA.

Summary of Threat Factors Affecting the Four Species

Next we consider whether any one or a combination of the five
threat factors specified in section 4(a)(1) of the ESA contribute to
the extinction risk of these species. None of the information we
received from public comment on the proposed rule affected any of our
discussion or conclusions regarding any of the section 4(a)(1) factors
or their interactions for these species, so we incorporate the
discussion of these factors from the proposed rule (79 FR 74953,
December 16, 2014) by reference herein.

Extinction Risk

None of the information we received from public comment on the
proposed rule affected our extinction risk evaluations of these four
species. As such, our evaluations for these species remain the same as
in the status review reports and the discussion in the proposed rule
(79 FR 74953, December 16, 2014), and that discussion is incorporated
herein by reference.

Conservation Efforts

Finally, we considered conservation efforts to protect each species
and evaluated whether these conservation efforts are adequate to
mitigate the existing threats to the point where extinction risk is
significantly lowered and the species' status is improved. None of the
information we received from public comment on the proposed rule
affected any of our discussion or conclusions regarding conservation
efforts to protect the dusky sea snake or the three foreign coral
species, so we incorporate the discussion of these efforts from the
proposed rule (79 FR 74953, December 16, 2014) by reference herein.

Final Determination

We have reviewed the best available scientific and commercial
information, including the petition, the information in the status
review reports, public comment, and the comments of peer reviewers.
Based on the best available information, we find that the dusky sea
snake (Aipysurus fuscus) and the three foreign corals (Cantharellus
noumeae, Siderastrea glynni, and Tubastraea floreana) are in danger of
extinction throughout all of their ranges. We assessed the ESA section
4(a)(1) factors and demographic risk factors and conclude that the
dusky sea snake is at very low and declining abundance, has a very
restricted range and a presumed low rate of dispersal, and is
experiencing high rates of hybridization throughout its range. We also
conclude that Cantharellus noumeae has a small, restricted range,
likely low growth rate and genetic diversity, and may be threatened by
development, water pollution, sedimentation, heavy metals, and
potential illegal activities. Siderastrea glynni is affected by the
lack of known populations in the wild, a small captive population in a
single location, likely low growth rates and genetic diversity, and
potential increased threats from El Ni[ntilde]o, climate change,
disease, habitat degradation and other development (should the species
be reintroduced to Panama). Tubastraea floreana is affected by a small,
restricted range, documented declines, likely low levels of genetic
diversity, and threats from El Ni[ntilde]o, climate change,
development, and illegal activities. After considering efforts being
made to protect each of these species, we could not conclude that the
existing or proposed conservation efforts would alter the extinction
risk for any of these species. Therefore, we are listing each of these
species as endangered.

Effects of Listing

Conservation measures provided for species listed as endangered or
threatened under the ESA include recovery actions (16 U.S.C. 1533(f));
Federal agency requirements to consult with NMFS under section 7 of the
ESA to ensure their actions do not jeopardize the species or result in
adverse modification or destruction of critical habitat should it be
designated (16 U.S.C. 1536); designation of critical habitat if prudent
and determinable (16 U.S.C. 1533(a)(3)(A)); and prohibitions on taking
(16 U.S.C. 1538). In addition, recognition of the species' plight
through listing promotes conservation actions by Federal and state
agencies, foreign entities, private groups, and individuals. Because
the ranges of these four species are entirely outside U.S.
jurisdiction, the main effects of these endangered listings are
prohibitions on export and import.

Identifying Section 7 Consultation Requirements

Section 7(a)(2) (16 U.S.C. 1536(a)(2)) of the ESA and NMFS/USFWS
regulations require Federal agencies to consult with us to ensure that
activities they authorize, fund, or carry out are not likely to
jeopardize the continued existence of listed species or destroy or
adversely modify critical habitat. It is unlikely that the listing of
these species under the ESA will increase the number of section 7
consultations, because these species occur entirely outside of the
United States and are unlikely to be affected by Federal actions.

Critical Habitat

Critical habitat is defined in section 3 of the ESA (16 U.S.C.
1532(5)) as: (1) The specific areas within the geographical area
occupied by a species, at the time it is listed in accordance with the
ESA, on which are found those physical or biological features (a)
essential to the conservation of the species and (b) that may require
special management considerations or protection; and (2) specific areas
outside the geographical area occupied by a species at the time it is
listed upon a determination that such areas are essential for the
conservation of the species. Section 4(a)(3)(A) of the ESA (16 U.S.C.
1533(a)(3)(A)) requires that, to the extent prudent and determinable,
critical habitat be designated concurrently with the listing of a
species. However, critical habitat shall not be designated in foreign
countries or other areas outside U.S. jurisdiction (50 CFR 424.12(h)).

[[Page 60563]]

The best available scientific and commercial data as discussed
above identify the geographical areas occupied by Aipysurus fuscus,
Cantharellus noumeae, Siderastrea glynni, and Tubastraea floreana as
being entirely outside U.S. jurisdiction, so we cannot designate
occupied critical habitat for these species. We can designate critical
habitat in areas in the United States currently unoccupied by the
species, if the area(s) are determined by the Secretary to be essential
for the conservation of the species. Based on the best available
information, we have not identified unoccupied area(s) in U.S. water
that are currently essential to the conservation of any of these four
species. Therefore, based on the available information, we do not
designate critical habitat for Aipysurus fuscus, Cantharellus noumeae,
Siderastrea glynni, or Tubastraea floreana.

Identification of Those Activities That Would Likely Constitute a
Violation of Section 9 of the ESA

On July 1, 1994, NMFS and FWS published a policy (59 FR 34272) that
requires us to identify, to the maximum extent practicable at the time
a species is listed, those activities that would or would not likely
constitute a violation of section 9 of the ESA. Because we are listing
the dusky sea snake and the three foreign corals as endangered, all of
the prohibitions of section 9(a)(1) of the ESA will apply to these
species. These include prohibitions against the import, export, use in
foreign commerce, or ``take'' of the species. These prohibitions apply
to all persons subject to the jurisdiction of the United States,
including in the United States, its territorial sea, or on the high
seas. Take is defined as ``to harass, harm, pursue, hunt, shoot, wound,
kill, trap, capture, or collect, or to attempt to engage in any such
conduct.'' The intent of this policy is to increase public awareness of
the effects of this listing on proposed and ongoing activities within
the species' ranges. Activities that we believe could (subject to the
exemptions set forth in 16 U.S.C. 1539) result in a violation of
section 9 prohibitions for these species include, but are not limited
to, the following:
(1) Possessing, delivering, transporting, or shipping any
individual or part (dead or alive) taken in violation of section
9(a)(1);
(2) Delivering, receiving, carrying, transporting, or shipping in
interstate or foreign commerce any individual or part, in the course of
a commercial activity;
(3) Selling or offering for sale in interstate or foreign commerce
any individual or part;
(4) Importing or exporting any individual or part;
(5) Releasing captive animals into the wild without a permit issued
under section 10(a)(1)(A). Although animals held non-commercially in
captivity at the time of listing are exempt from the prohibitions of
import and export, the individual animals are considered listed and
afforded most of the protections of the ESA, including most
importantly, the prohibition against injuring or killing. Release of a
captive animal has the potential to injure or kill the animal. Of an
even greater conservation concern, the release of a captive animal has
the potential to affect wild populations through introduction of
diseases or inappropriate genetic mixing; and
(6) Harming captive animals by, among other things, injuring or
killing a captive animal, through experimental or potentially injurious
care or conducting research or sexual breeding activities on captive
animals, outside the bounds of normal animal husbandry practices.
Captive sexual breeding of corals is considered potentially injurious.
Furthermore, the production of coral progeny has conservation
implications (both positive and negative) for wild populations.
Experimental or potentially injurious care or procedures and research
or sexual breeding activities of corals or dusky sea snake may,
depending on the circumstances, be authorized under an ESA section
10(a)(1)(A) permit for scientific research or the enhancement of the
propagation or survival of the species.

Identification of Those Activities That Would Not Likely Constitute a
Violation of Section 9 of the ESA

Although the determination of whether any given activity
constitutes a violation is fact dependent, we consider the following
actions, depending on the circumstances, as being unlikely to violate
the prohibitions in ESA section 9:
(1) Take authorized by, and carried out in accordance with the
terms and conditions of, an ESA section 10(a)(1)(A) permit issued by
NMFS for purposes of scientific research or the enhancement of the
propagation or survival of the species;
(2) Continued possession of parts that were in possession at the
time of listing. Such parts may be non-commercially exported or
imported; however the importer or exporter must be able to provide
evidence to show that the parts meet the criteria of ESA section
9(b)(1) (i.e., held in a controlled environment at the time of listing,
in a non-commercial activity);
(3) Continued possession of live corals or dusky sea snakes that
were in captivity or in a controlled environment (e.g., in aquaria) at
the time of this listing, so long as the prohibitions under ESA section
9(a)(1) are not violated. Facilities must provide evidence that the
animals were in captivity or in a controlled environment prior to
listing. We suggest such facilities submit information to us on the
animals in their possession (e.g., size, age, description of animals,
and the source and date of acquisition) to establish their claim of
possession (see For Further Information Contact); and
(4) Provision of care for live corals or dusky sea snakes that were
in captivity at the time of listing. These individuals are still
protected under the ESA and may not be killed or injured, or otherwise
harmed, and, therefore, must receive proper care. Normal care of
captive animals necessarily entails handling or other manipulation of
the animals, and we do not consider such activities to constitute take
or harassment of the animals so long as adequate care, including
veterinary care, when such practices, procedures, or provisions are not
likely to result in injury, is provided.
Section 11(f) of the ESA gives NMFS authority to promulgate
regulations that may be appropriate to enforce the ESA. NMFS may
promulgate future regulations, including to regulate holding of these
species, if necessary. NMFS will provide the public with the
opportunity to comment on future proposed regulations.

Revisions to the NMFS Lists

We revise and add table subheadings in the Code of Federal
Regulations to accommodate these new listings in our list of endangered
species at 50 CFR 224.101 and revisions to the table subheadings for
our list of threatened species at 50 CFR 223.102. We add the subheading
``Corals'' to our table at 50 CFR 224.101. This subheading has already
been added to our table at 50 CFR 223.102 in a previous rulemaking (79
FR 20802; April 14, 2014). We are revising the subheading of ``Sea
Turtles'' in the endangered species table at 50 CFR 224.101 and the
threatened species table at 50 CFR 223.102 by changing the subheading
to ``Reptiles.'' This new subheading will encompass all currently
listed sea turtles as well as other marine reptiles like the dusky sea
snake. These revisions and addition are not substantive changes, but
having these headings will help the public identify

[[Page 60564]]

and locate species of interest in a more efficient manner.

References

A complete list of the references used in this final rule is
available upon request (see ADDRESSES).

Classification

National Environmental Policy Act

The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the
information that may be considered when assessing species for listing.
Based on this limitation of criteria for a listing decision and the
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir.
1981), NMFS has concluded that ESA listing actions are not subject to
the environmental assessment requirements of the National Environmental
Policy Act (NEPA) (See NOAA Administrative Order 216-6).

Executive Order 12866, Regulatory Flexibility Act, and Paperwork
Reduction Act

As noted in the Conference Report on the 1982 amendments to the
ESA, economic impacts cannot be considered when assessing the status of
a species. Therefore, the economic analysis requirements of the
Regulatory Flexibility Act are not applicable to the listing process.
In addition, this final rule is exempt from review under Executive
Order 12866. This final rule does not contain a collection-of-
information requirement for the purposes of the Paperwork Reduction
Act.

Executive Order 13132, Federalism

In accordance with E.O. 13132, we determined that this final rule
does not have significant Federalism effects and that a Federalism
assessment is not required.

List of Subjects in 50 CFR Parts 223 and 224

Administrative practice and procedure, Endangered and threatened
species, Exports, Imports, Reporting and record keeping requirements,
Transportation.

Dated: September 30, 2015.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

For the reasons set out in the preamble, 50 CFR parts 223 and 224
are amended as follows:

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for part 223 continues to read as follows:

Authority: 16 U.S.C. 1531-1543; subpart B, Sec. Sec. 223.201
and 223.202 also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C.
5503(d) for Sec. 223.206(d)(9).

0
2. In Sec. 223.102, amend the table in paragraph (e) by removing the
table subheading ``Sea Turtles \2\'' and adding in its place ``Reptiles
\2\'' to read as follows:

Sec. 223.102 Enumeration of threatened marine and anadromous species.

* * * * *
(e) * * *

----------------------------------------------------------------------------------------------------------------
Species \1\
--------------------------------------------------------------- Citation(s) for Critical
Description of listing habitat ESA rules
Common name Scientific name listed entity determination(s)
----------------------------------------------------------------------------------------------------------------

* * * * * * *
Reptiles \2\

* * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration,
National Marine Fisheries Service, is limited to turtles while in the water.

* * * * *

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
3. The authority citation for part 224 continues to read as follows:

Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.

0
4. In Sec. 224.101, paragraph (h), amend the table by:
0
A. Removing the table subheading ``Sea Turtles \2\'' and adding in its
place ``Reptiles \2\'';
0
B. Adding an entry for ``dusky sea snake'' in alphabetical order under
the new ``Reptiles \2\'' table subheading;
0
C. Adding a ``Corals'' table subheading to follow the ``Molluscs''
table subheading; and
0
D. Adding entries for three species of coral in alphabetical order by
scientific name under the ``Corals'' table subheading.
The additions read as follows:

Sec. 224.101 Enumeration of endangered marine and anadromous species.

* * * * *
(h) * * *

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Reptiles \2\
----------------------------------------------------------------------------------------------------------------
Sea snake, dusky............ Aipysurus Entire species. [Insert Federal NA NA
fuscus. Register
citation and
date].

[[Page 60565]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Molluscs
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------
Corals
----------------------------------------------------------------------------------------------------------------
Coral, [no common name]..... Cantharellus Entire species. [Insert Federal NA NA
noumeae. Register
citation and
date].
Coral, [no common name]..... Siderastrea Entire species. [Insert Federal NA NA
glynni. Register
citation and
date].
Coral, [no common name]..... Tubastraea Entire species. [Insert Federal NA NA.
floreana. Register
citation and
date].
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration,
National Marine Fisheries Service, is limited to turtles while in the water.

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[FR Doc. 2015-25484 Filed 10-6-15; 8:45 am]
BILLING CODE 3510-22-P