80_FR_8651 80 FR 8619 - Endangered and Threatened Wildlife; 90-Day Finding on a Petition to List Yellowtail Damselfish as Threatened or Endangered Under the Endangered Species Act

80 FR 8619 - Endangered and Threatened Wildlife; 90-Day Finding on a Petition to List Yellowtail Damselfish as Threatened or Endangered Under the Endangered Species Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 32 (February 18, 2015)

Page Range8619-8627
FR Document2015-03326

We (NMFS) announce a 90-day finding on a petition to list yellowtail damselfish (Microspathodon chrysurus) as threatened or endangered under the Endangered Species Act (ESA). We find that the petition does not present substantial scientific or commercial information indicating that the petitioned action may be warranted.

Federal Register, Volume 80 Issue 32 (Wednesday, February 18, 2015) 
[Federal Register Volume 80, Number 32 (Wednesday, February 18, 2015)]
[Notices]
[Pages 8619-8627]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03326]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 130312237-5115-01]
RIN 0648-XC567


Endangered and Threatened Wildlife; 90-Day Finding on a Petition 
to List Yellowtail Damselfish as Threatened or Endangered Under the 
Endangered Species Act

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

ACTION: Notice of 90-day petition finding.

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SUMMARY: We (NMFS) announce a 90-day finding on a petition to list 
yellowtail damselfish (Microspathodon chrysurus) as threatened or 
endangered under the Endangered Species Act (ESA). We find that the 
petition does not present substantial scientific or commercial 
information indicating that the petitioned action may be warranted.

ADDRESSES: Copies of the petitions and related materials are available 
upon

[[Page 8620]]

request from the Assistant Regional Administrator, Protected Resources 
Division, Southeast Regional Office, NMFS, 263 13th Avenue South, St. 
Petersburg, FL 33701, or online at: http://sero.nmfs.noaa.gov/pr/ListingPetitions.htm.

FOR FURTHER INFORMATION CONTACT: Jason Rueter, NMFS Southeast Region, 
727-824-5312.

SUPPLEMENTARY INFORMATION: 

Background

    On September 14, 2012, we received a petition from the Center for 
Biological Diversity (CBD) to list eight reef fishes of the family 
Pomacentridae as threatened or endangered under the ESA. The eight 
species are orange clownfish (Amphiprion percula), black-axil chromis 
(Chromis atripectoralis), blue-green damselfish (Chromis viridis), 
Hawaiian dascyllus (Dascyllus albisella), reticulated damselfish 
(Dascyllus reticulatus), yellowtail damselfish or jewelfish 
(Microspathodon chrysurus), blackbar devil or Dick's damselfish 
(Plectroglyphidodon dickii), and blue-eyed damselfish 
(Plectroglyphidodon johnstonianus). The petition is available on our 
Web site (http://www.nmfs.noaa.gov/pr/species/petitions/pomacentrid_reef_fish_petition_2012.pdf). Given the geographic range of 
these species, we divided the lead for the response to the petition 
between our Southeast Regional Office (SERO) and our Pacific Islands 
Regional Office (PIRO). SERO led the response to the petition to list 
the yellowtail damselfish (Microspathodon chrysurus) in this finding; 
PIRO led the response for the remaining species separately and 
published a 90-day finding on those species on September 3, 2014 (79 FR 
52276).

ESA Statutory and Regulatory Provisions and Evaluation Framework

    Section 4(b)(3)(A) of the ESA of 1973, as amended (U.S.C. 1531 et 
seq.), requires, to the maximum extent practicable, that within 90 days 
of receipt of a petition to list a species as threatened or endangered, 
the Secretary of Commerce make a finding on whether that petition 
presents substantial scientific or commercial information indicating 
that the petitioned action may be warranted, and to promptly publish 
such finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)). When we 
find that substantial scientific or commercial information in a 
petition indicates the petitioned action may be warranted (a ``positive 
90-day finding''), we are required to promptly commence a review of the 
status of the species concerned, during which we will conduct a 
comprehensive review of the best available scientific and commercial 
information. In such cases, we are to conclude the review with a 
finding as to whether, in fact, the petitioned action is warranted 
within 12 months of receipt of the petition. Because the finding at the 
12-month stage is based on a more thorough review of the available 
information, as compared to the narrow scope of review at the 90-day 
stage, a ``may be warranted'' finding at the 90-day stage does not 
prejudge the outcome of the status review.
    Under the ESA, a listing determination may address a ``species,'' 
which is defined to also include subspecies and, for any vertebrate 
species, any distinct population segment (DPS) that interbreeds when 
mature (16 U.S.C. 1532(16)). A species, subspecies, or DPS is 
``endangered'' if it is in danger of extinction throughout all or a 
significant portion of its range, and ``threatened'' if it is likely to 
become endangered within the foreseeable future throughout all or a 
significant portion of its range (ESA sections 3(6) and 3(20), 
respectively; 16 U.S.C. 1532(6) and (20)). Pursuant to the ESA and our 
implementing regulations, we determine whether species are threatened 
or endangered because of any one or a combination of the following five 
section 4(a)(1) factors: The present or threatened destruction, 
modification, or curtailment of habitat or range; overutilization for 
commercial, recreational, scientific, or educational purposes; disease 
or predation; inadequacy of existing regulatory mechanisms; and any 
other natural or manmade factors affecting the species' existence (16 
U.S.C. 1533(a)(1), 50 CFR 424.11(c)).
    ESA-implementing regulations issued jointly by NMFS and USFWS (50 
CFR 424.14(b)) define ``substantial information'' in the context of 
reviewing a petition to list, delist, or reclassify a species as the 
amount of information that would lead a reasonable person to believe 
that the measure proposed in the petition may be warranted. In 
evaluating whether substantial information is contained in a petition, 
the Secretary must consider whether the petition: (1) Clearly indicates 
the administrative measure recommended and gives the scientific and any 
common name of the species involved; (2) contains a detailed narrative 
justification for the recommended measure, describing, based on 
available information, past and present numbers and distribution of the 
species involved and any threats faced by the species; (3) provides 
information regarding the status of the species over all or a 
significant portion of its range; and (4) is accompanied by the 
appropriate supporting documentation in the form of bibliographic 
references, reprints of pertinent publications, copies of reports or 
letters from authorities, and maps (50 CFR 424.14(b)(2)).
    Court decisions clarify the appropriate scope and limitations of 
the Services' review of petitions at the 90-day finding stage to make a 
determination whether a petitioned action ``may be'' warranted. As a 
general matter, these decisions hold that a petition need not establish 
a ``strong likelihood'' or a ``high probability'' that a species is 
either threatened or endangered to support a positive 90-day finding.
    We evaluate the petitioner's request based upon the information in 
the petition, including its references, and the information readily 
available in our files. We do not conduct additional research, and we 
do not solicit information from parties outside the agency to help us 
in evaluating the petition. We will accept the petitioner's sources and 
characterizations of the information presented, if they appear to be 
based on accepted scientific principles, unless we have specific 
information in our files that indicates the petition's information is 
incorrect, unreliable, obsolete, or otherwise irrelevant to the 
requested action. Information that is susceptible to more than one 
interpretation or that is contradicted by other available information 
will not be dismissed at the 90-day finding stage, so long as it is 
reliable and a reasonable person would conclude it supports the 
petitioner's assertions. In other words, conclusive information 
indicating the species may meet the ESA's requirements for listing is 
not required to make a positive 90-day finding. We will not conclude 
that a lack of specific information alone negates a positive 90-day 
finding, if a reasonable person would conclude that the unknown 
information itself suggests an extinction risk of concern for the 
species at issue.
    To make a 90-day finding on a petition to list a species, we 
evaluate whether the petition presents substantial scientific or 
commercial information indicating the subject species may be either 
threatened or endangered, as defined by the ESA. First, we evaluate 
whether the information presented in the petition, along with the 
information readily available in our files, indicates that the 
petitioned entity constitutes a ``species'' eligible for listing under 
the ESA. Next,

[[Page 8621]]

we evaluate whether the information indicates that the species at issue 
faces extinction risk that is cause for concern; this may be indicated 
in information expressly discussing the species' status and trends, or 
in information describing impacts and threats to the species. We 
evaluate any information on specific demographic factors pertinent to 
evaluating extinction risk for the species at issue (e.g., population 
abundance and trends, productivity, spatial structure, age structure, 
sex ratio, diversity, current and historical range, or habitat 
integrity), and the potential contribution of identified demographic 
risks to extinction risk for the species. We then evaluate the 
potential links between these demographic risks and the causative 
impacts and threats identified in section 4(a)(1).
    Information presented on impacts or threats should be such that it 
reasonably suggests that one or more of these factors may be operative 
threats that act, or have acted, on the petitioned species to the point 
that it may warrant protection under the ESA. Broad statements about 
generalized threats to the species, or identification of factors that 
could negatively impact a species, do not constitute substantial 
information that listing may be warranted. We look for information 
indicating that not only is the particular species exposed to a factor, 
but that the species may be responding in a negative fashion; then we 
assess the potential significance of that negative response.
    Many petitions identify risk classifications made by other 
organizations or agencies, such as the International Union on the 
Conservation of Nature (IUCN), the American Fisheries Society (AFS), or 
NatureServe, as evidence of extinction risk for a species. Risk 
classifications by other organizations or made under other federal or 
state statutes may be informative, but the classification alone may not 
provide the rationale for a positive 90-day finding under the ESA. For 
example, as explained by NatureServe, their assessments of a species' 
conservation status do ``not constitute a recommendation by NatureServe 
for listing under the U.S. Endangered Species Act'' because NatureServe 
assessments ``have different criteria, evidence requirements, purposes 
and taxonomic coverage than government lists of endangered and 
threatened species, and therefore these two types of lists should not 
be expected to coincide'' (http://www.natureserve.org/prodServices/statusAssessment.jsp). Thus, when a petition cites such 
classifications, we will evaluate the source information that the 
classification is based upon, in light of the standards on extinction 
risk and impacts or threats discussed above.

Species Description

    The yellowtail damselfish is a reef fish (Family Pomacentridae) 
that inhabits shallow coral reefs usually at depths between 1-10 m 
(depth range can be up to 120 m; Loris and Rucabado, 1990) in the 
western Atlantic Ocean including Bermuda, southern Florida, and the 
Caribbean Sea (Allen, 1991), south to Brazil (Moura et al., 1999), and 
also including the Gulf of Mexico (Bohlke and Chaplin, 1993). 
Yellowtail damselfish occupy non-overlapping, often contiguous 
territories on solid substrata averaging 44 m\2\ in size (range 14-109 
m\2\, n = 22; P. Sikkel, unpublished data) in which they feed on 
epilithic microalgae (algae growing on rock) and associated microfauna 
(Bohlke and Chaplin, 1968; Sikkel and Kramer, 2006). Adults are 
primarily algae-eaters (Robins et al., 1986), feeding on microalgae, 
epiphytic (growing on a plant) diatoms, and to a lesser extent live 
coral, and are therefore known as facultative corallivores (Cole et 
al., 2008). Adults of both sexes are solitary and they aggressively 
defend their territories against conspecifics and other species to a 
lesser extent (Sikkel and Kramer, 2006). The territories of females 
tend to be shallower and closer to shore than those of males (Sikkel 
and Kramer, 2006).
    Yellowtail damselfish spawning peaks for four to five weeks in 
February to March and again in July to August (Deloach, 1999). Spawning 
occurs during the first 1-3 hours of daylight (Sikkel and Kramer, 2006) 
at regular 3-day intervals from 3 days before to 3 weeks after the full 
moon (Pressley, 1980; Robertson et al., 1990). Females can travel up to 
120 m from their territory to find mates (Sikkel and Kramer, 2006). 
Females lay their entire clutch within the male territory during a 
spawning event and will often mate with the same male over successive 
spawning trips (Sikkel and Kramer, 2006). Male damselfish prepare nests 
within their territories, frequently in coral rubble, and protect the 
eggs (Pressley, 1980). Embryos hatch approximately five days after 
fertilization (Pressley, 1980), and larvae enter a 21 to 27 day pelagic 
phase. They then tend to settle on shallow patch reefs, often inhabited 
by Millepora (fire coral), which Deloach (1999) states makes up much of 
the early diet, and Acropora species rubble habitats (Wilkes et al., 
2008).

Analysis of the Petition

    We evaluated whether the petition presented the information 
required in 50 CFR 424.14(b)(2) and found that the petition contains 
the species' taxonomic description, current geographic distribution, 
habitat characteristics, and threats that could be affecting it. The 
petition does not present any information on past or present population 
numbers, instead it acknowledges that abundance and population trends 
are unknown for the petitioned species, but suggests that the decrease 
in average live coral cover across the Caribbean from 50 to 60 percent 
coverage in the 1970s to 8 percent coverage today suggests reasons for 
concern. The petition does not provide information regarding the status 
of yellowtail damselfish over all or a significant portion of its 
range, other than a discussion of threats. The petition includes 
supporting references.
    The petition states that yellowtail damselfish are vulnerable to 
coral habitat loss and degradation due to temperature-induced coral 
bleaching and ocean acidification, and that this vulnerability is 
heightened given their reliance on live branching corals such as 
species of Millepora and Acropora. The petition states yellowtail 
damselfish are threatened by ocean warming and ocean acidification that 
directly impairs its sensory capabilities, behavior, aerobic capacity, 
swimming ability, and reproduction. The petition also states that the 
global marine aquarium trade and lack of regulatory mechanisms further 
threaten yellowtail damselfish by decreasing their populations in the 
wild.

Information on Population Status, Trends and Demographics Relevant to 
Extinction Risk

    As stated above, the petition does not include any information on 
past or present population numbers, and it acknowledges that abundance 
and population trends are unknown. The petition does not provide 
information regarding the status of yellowtail damselfish over all or a 
significant portion of its range, although one of the references cited 
describes the species as ``common on shallow reefs in the tropical 
Western Atlantic,'' occurring at densities of up to four individuals 
per 100 m\2\ in the Barbados (Sikkel and Kramer, 2006). The petition 
does not identify any risk classifications by other organizations for 
this species.
    There is some information in our files on population status and 
trends for this species in the Florida Keys. We have data on the 
abundance of yellowtail

[[Page 8622]]

damselfish from our Southeast Fisheries Science Center's (SEFSC) Reef 
fish Visual Census (RVC). The RVC is a long-term, spatially-extensive 
survey that has assessed trends in abundance of reef fishes in the 
Florida Keys, by collection of standardized data on trends in frequency 
of occurrence and density. The RVC survey includes data from 1980 
through 2012 for the forereef, high relief spur and groove habitats, 
the preferred habitat zone for yellowtail damselfish (NMFS SEFSC, 
2014). These data show yellowtail damselfish abundance declined during 
the 1980's but stabilized in the 1990's with no apparent trends through 
2012. The RVC data recorded yellowtail damselfish in 93 percent of 
samples (annual average) in the 1980's. Since 1991, the frequency of 
occurrence has averaged around 79 percent, with no apparent trend. 
Similarly, the density of fish, when present, averaged 5 fish per 
standardized sample in the 1980's, and since 1991, the average annual 
density when present has been 2.7 fish per standardized sample, with no 
apparent trend (NMFS SEFSC, 2014). The observed decline in yellowtail 
damselfish frequency and density between the 1980's and the subsequent 
period of 1991-2012 in these data are correlated with the documented 
widespread loss of coral habitat that occurred during the 1980's, as 
noted in the petition. These data also indicate that since the initial 
decline, the long term trend in yellowtail damselfish frequency and 
density over 22 years of data collection has remained stable. We 
interpret these data as indicating a population that has demonstrated 
long term stability, despite significant habitat changes and a one-time 
population decline. Thus, we do not believe the available information 
on population status and trends suggest an extinction risk of concern 
for the species.

Information on Impacts and Threats to the Species

    We also evaluated whether the information in the petition and 
information in our files concerning the extent and severity of one or 
more of the ESA section 4(a)(1) factors suggest these impacts and 
threats may be operative threats that act or have acted on the species, 
posing a risk of extinction for yellowtail damselfish that is cause for 
concern. As stated above in the petition analysis section, the petition 
states that four of the five causal factors in section 4(a)(1) of the 
ESA are adversely affecting the continued existence of yellowtail 
damselfish: (A) Present or threatened destruction, modification, or 
curtailment of its habitat or range; (B) overutilization for commercial 
and recreational purposes; (D) inadequacy of existing regulatory 
mechanisms; and (E) other natural or manmade factors affecting its 
continued existence. In the following sections, we assess the 
information presented in the petition and readily available in our 
files to determine whether the petitioned action may be warranted.

Present and Threatened Destruction, Modification, or Curtailment of 
Habitat or Range

    The petition states that yellowtail damselfish are ``dependent on 
live coral for shelter, reproduction, recruitment, and/or food, which 
makes them highly vulnerable to coral habitat loss and degradation due 
to ocean warming and ocean acidification and they are habitat 
specialists that rely on branching corals which are particularly 
susceptible to bleaching.'' First we will evaluate the petition's 
arguments that dependency of the yellowtail damselfish on certain 
species of live corals is a source of extinction risk, and then we will 
evaluate the arguments that climate change impacts to the species' 
habitat pose extinction risk that is cause for concern.

Dependency on Branching Coral Species

    The petition cites several studies in support of the argument that 
the yellowtail damselfish specializes on, or relies upon, branching 
corals such as Millepora and Acropora species. The petition cites Allen 
(1991) for the proposition that juvenile yellowtail damselfish ``are 
usually seen among branches of the yellow stinging coral Millepora.'' 
Deloach (1999) is cited for an association between juveniles and blade 
fire coral, M. complanata. Deloach (1999) is also cited as finding that 
Millepora makes up much of the early diet of yellowtail damselfish. The 
Web site www.species-identification.org is similarly cited for the 
statement that yellowtail damselfish are known to feed on the polyps of 
Millepora corals, though as the petition notes from another citation, 
this species is considered a facultative and not an obligate 
corallivore (Cole et al., 2008). Regardless of the importance as food 
or habitat to yellowtail damselfish, the petition does not present 
information that suggests Millepora corals have been affected by the 
numerous threats other corals face, thus we assume their role in the 
yellowtail damselfish's life cycle is unchanged. Additionally, Brainard 
et al. (2011), state ``Millepora are among the first to bleach and die, 
but they seem to have a special aptitude for recovering by recruiting 
new colonies.'' Further, Veron (2000) describes Millepora species as 
``common on reefs.'' Therefore, we do not find population trends of 
Millepora pose an extinction risk that is cause for concern for 
yellowtail damselfish.
    We also reviewed the information in the petition regarding the 
association between adult yellowtail damselfish and elkhorn coral. The 
petition cites Deloach (1999) in describing habitat use by yellowtail 
damselfish. In Deloach (1999), we found the statement ``[l]arge females 
reign over widespread territories of varying sizes on reef crests, 
while males typically occupy deeper zones of Elkhorn rubble.'' This was 
the only information presented in the citation relative to elkhorn 
coral, but it does not indicate yellowtail damselfish specialize on, or 
rely upon, branching coral.
    The petition also cites Tolimieri (1998) as a source for the 
premise that yellowtail damselfish are ``significantly associated with 
Acropora corals and total live coral cover.'' Tolimieri (1998), 
investigated microhabitat substrate use by several damselfish species 
on the Tague Bay Reef, St. Croix, United States Virgin Islands. This 
study evaluated use of Porites spp., Porites spp. rubble, Montastrea 
spp., Montastrea spp. rubble, Acropora spp. rubble, total live coral, 
boulder (unidentified coral) rubble, algae, and pavement/sand 
substrates. The author found that yellowtail damselfish were associated 
more than would be expected by random chance with dead Acropora palmata 
rubble, but not with live coral cover or the only live branching coral 
in the study area--Porites porites. The association between yellowtail 
damselfish and Acropora spp. coral rubble was statistically significant 
(p = 0.043), but only explained 32 percent of the variation in 
abundance of yellowtail damselfish between the various study sites on 
this reef.
    The petition presents Wilkes et al. (2008) for an association of 
adult yellowtail damselfish with live branching staghorn coral in the 
Dry Tortugas, Florida. Wilkes et al. (2008) described their study 
objective as determining what effect, if any, on damselfish could be 
discerned from much of the live staghorn coral in Dry Tortugas National 
Park having been reduced to rubble by extreme cold snaps and disease. 
Wilkes et al. (2008) compared damselfish densities on the largest 
remaining live staghorn coral formation and nearby staghorn coral 
rubble habitat, but did not directly investigate damselfish use of any 
other habitat types in the park. This study found that the density of 
adult

[[Page 8623]]

yellowtail damselfish was greater at sites with live staghorn coral 
compared to nearby sites comprised of dead and broken staghorn coral 
rubble. There was no significant difference in density of juvenile 
yellowtail damselfish between the two sites. These authors suggest that 
``complex reef topography of branching corals like Acropora are thought 
to be a major factor affecting reef fish distribution and abundance'' 
and that the higher adult densities observed in this study ``may be 
related to the increase in three-dimensional habitat that would provide 
predator refuge dimensions more conducive to adult body sizes that 
require larger shelter spaces.'' The authors conclude that ``reductions 
in damselfish density are the likely outcome in reefs where expanses of 
live branching coral are in decline and are being replaced by 
relatively low-dimensional fields of reef rubble.'' Finally, Wilkes et 
al. (2008) note that ``some damselfish species may require the habitat 
complexity provided by branching corals, whereas others are better 
suited to exploit a wide range of habitat types and display no specific 
coral preference.'' However, the authors make no conclusion about 
yellowtail damselfish and their habitat usage, though they do note 
another study (Wallman et al., 2006) that found that patch reefs 
lacking in live branching corals within Dry Tortugas National Park 
support populations of adult yellowtail damselfish.
    In our files we also have available Waldner and Robertson (1980) 
that considers patterns of spatial distribution and resource 
partitioning in damselfish to explain how ecologically similar reef 
fishes can co-exist on various spatial scales. Field surveys recorded 
yellowtail damselfish in Puerto Rico between 1976 and 1978 at both 
inshore and offshore reefs and recorded substrate within 15 cm (5.9 
inches) of where the species was observed or the substrate where the 
fish sought refuge when rapidly approached by a diver. A total of 54 
adult yellowtail damselfish were reported on 4 out of 6 substrate 
types: 48 percent of observations were associated with non-branching 
massive corals such as Montastraea annularis, 24 percent of the 
observations were associated each with elkhorn (A. palmata) and 
staghorn (A. cervicornis) coral, and 4 percent were associated with 
Millepora spp. When the amount of the different substrate types within 
the transect area was considered, elkhorn coral was found to be a most-
used substrate. Waldner and Robertson (1980) then compared their 
results with the results of other studies that occurred throughout the 
West Indies in the 1970's and concluded their results were in agreement 
in most cases that adult yellowtail damselfish were most 
characteristically associated with elkhorn coral and Millepora in very 
shallow to moderate depth range.
    Prior to the 1980's, Acropora corals were the overwhelmingly 
dominant reef-building coral on Caribbean reefs, to the extent that 
depth zones were named after these species (``elkhorn zone,'' 
``staghorn zone'') (Goreau, 1959). Given the dominance of these corals, 
it is reasonable to expect that yellowtail damselfish and many other 
reef fishes were found associated with acroporids then as well. For 
example, Waldner and Robertson (1980) found a significant association 
between yellowtail damselfish and elkhorn corals in the 1970's. During 
the 1980's, a massive die-off of Acropora species occurred in the 
Caribbean. The decline in Acropora species was greater than 90 percent 
(Ginsburg, 1994; Hughes, 1994; McClanahan and Muthiga, 1998). As the 
SEFSC RVC data indicate, yellowtail damselfish abundance declined in 
fore-reef, spur and groove habitats in the Florida Keys in the 1980's. 
The initial decline in yellowtail damselfish abundance is likely linked 
to the widespread die-off of corals. However, the yellowtail damselfish 
population has remained stable since 1991. Although the Florida Keys 
population is at a lower level than it was in the 1970's and 1980's, 
the stability in abundance indicates that it is not so low that 
depensatory processes, such as declining mate-finding ability or 
escalating risk of predation, are an extinction risk factor. Therefore, 
we conclude that the yellowtail damselfish is not dependent on 
acroporid corals to the extent that the decline of Acropora habitat 
presents an extinction risk that is cause for concern.
    In summary, we acknowledge that yellowtail damselfish was 
historically associated with Acropora corals in the Caribbean (Waldner 
and Robertson, 1980), and exhibited a population decline in habitats 
dominated by Acropora concurrent with the massive die-off of corals in 
the 1980s. However, the available information demonstrates yellowtail 
damselfish associate with a variety of coral species and habitats 
(Tolimieri, 1998; Wilkes et al, 2008) within the coral-reef ecosystem 
(e.g., branching, boulder, and dead rubble), and appear in at least one 
instance (Florida Keys) to have inhabited reef areas at stable 
population levels for over 20 years after the widespread decline of 
acroporids. Therefore, the loss of the branching elkhorn and staghorn 
corals does not constitute an extinction risk for the yellowtail 
damselfish that is a cause for concern.

Climate Change Impacts to Coral Reef Ecosystems Generally as a Threat 
to Yellowtail Damselfish

    The petition discusses at length climate change impacts to corals 
and coral reefs and future predictions for worsening impacts to corals 
at a global scale, and argues that these impacts pose extinction risk 
to yellowtail damselfish through destruction, modification or 
curtailment of its habitat. As discussed above, while the petition 
establishes an association with live branching coral species for 
yellowtail damselfish, we have established that they also associate 
with other coral species and forms within the coral-reef ecosystem and 
are not reliant upon branching corals for habitat.
    Many of the references provided in the petition offer global 
predictions on future rises in sea surface temperature (Donner et al., 
2005; Donner, 2009), ocean acidity (Hoegh-Guldberg et al., 2007), or 
coral reef decline in general (Hoegh-Guldberg, 1999; Veron et al., 
2009). Emission rates of greenhouse gases (GHG) associated with ocean 
warming have in recent years met or exceeded levels found in the worst-
case scenarios considered by the Intergovernmental Panel on Climate 
Change (IPCC), resulting in all scenarios underestimating the projected 
future climate condition. New information suggests that regardless of 
the emission concentration pathway, more than 97 percent of reefs will 
experience severe thermal stress by 2050 (Meissner et al., 2012). At 
the same time new information also highlights the spatial and temporal 
``patchiness'' of warming (79 FR 53851; September 10, 2014). This 
patchiness moderates vulnerability of corals to extinction because most 
species are not limited to one habitat type but occur in numerous types 
of reef environments that are predicted, on local and regional scales, 
to experience variable thermal regimes and ocean chemistry at any given 
point in time (79 FR 53851; September 10, 2014). Overall, there is 
ample evidence that climate change (including that which is already 
committed to occur from past GHG emissions and future emissions 
reasonably certain to occur) and will lead to a worsening environment 
for corals.
    If many coral species are to survive anticipated global warming, 
corals and their zooxanthellae will have to undergo significant 
acclimatization and/or adaptation. There has been a recent research 
emphasis on the processes of acclimatization and adaptation in

[[Page 8624]]

corals. For example, the results of a study funded by NOAA and 
conducted by the agency's scientists and its academic partners suggests 
some coral species may be able to adapt to moderate climate warming, 
improving their chance of surviving through the end of this century, if 
there are large reductions in carbon dioxide emissions (Logan et al, 
2013). Results of this study further suggest some corals have already 
adapted to part of the warming that has occurred in the past. The study 
modeled a range of possible coral adaptive responses to thermal stress, 
and projected that, through processes such as genetic adaptation, 
acclimation, and symbiont shuffling, the reefs could reduce the rate of 
temperature-induced bleaching by 20 to 80 percent of levels currently 
projected to occur by the year 2100, if there are large reductions in 
carbon dioxide emissions. The authors emphasize the caveat that coral 
adaptation will not significantly slow the loss of coral reefs if there 
is no decrease in GHG emissions and further, that not all species will 
be able to adapt fast enough or to the same extent.
    Thus, as a whole, the body of research on coral adaptation to 
global warming is inconclusive on how these processes may affect 
particular coral species' extinction risk, given the projected 
intensity and rate of ocean warming (Brainard et al., 2011).
    Similarly, because of the increase in carbon dioxide and other GHGs 
in the atmosphere since the industrial revolution, ocean acidification 
has already occurred throughout the world's oceans, including in the 
Caribbean, and is predicted to considerably worsen between now and 
2100. Overall, available information demonstrates that most corals 
exhibit declining calcification rates with rising carbon dioxide 
concentrations, declining pH, and declining carbonate saturation 
state--although the rate and mode of decline can vary among species (79 
FR 53851; September 10, 2014). Spatially, while carbon dioxide levels 
in the surface waters of the ocean are generally in equilibrium with 
the lower atmosphere, there can be considerable spatial variability in 
seawater pH across reef-building coral habitats, resulting in colonies 
of a species experiencing high spatial variability in exposure to ocean 
acidification (79 FR 53851; September 10, 2014).
    As we have discussed elsewhere (79 FR 53851; September 10, 2014), 
vulnerability of a coral species to a threat is a function of 
susceptibility and exposure, considered at the appropriate spatial and 
temporal scales. Susceptibility of a coral species to a threat is 
primarily a function of biological processes and characteristics, and 
can vary greatly between and within taxa (i.e., family, genus, or 
species). Susceptibility depends on direct effects of the threat on the 
species, and it also depends on the cumulative (i.e., additive) and 
interactive (i.e., synergistic or antagonistic) effects of multiple 
threats acting simultaneously on the species. For example, ocean 
warming affects coral colonies through the direct effect of bleaching, 
together with the interactive effect of bleaching and disease, because 
bleaching increases disease susceptibility. Vulnerability of a coral 
species to a threat also depends on the proportion of colonies and 
populations that are exposed to the threat. Exposure is primarily a 
function of the distribution of the threat. The degree or intensity of 
exposure to a threat is primarily a function of physical processes and 
characteristics that limit or moderate the intensity of the threat 
across the range of the species. In our final listing rule responding 
to a petition to list 83 species of corals, we found that not all coral 
species are highly vulnerable to the threats associated with global 
climate change (79 FR 53851; September 10, 2014). Even some species 
found to be susceptible to ocean warming were found not warranted for 
listing because they may have a buffering capacity to resist adverse 
effects on their status, due to high abundance, wide range, and/or high 
habitat heterogeneity.
    With information indicating yellowtail damselfish associate with a 
variety of coral habitats, and because susceptibility of coral species 
to climate change impacts is highly variable, we cannot infer any level 
of extinction risk from habitat loss due to climate change for 
yellowtail damselfish. Further, in a review of six studies examining 
the effects of coral bleaching on coral-reef fishes, Pratchett et al. 
(2008) found the density of 45 of 116 fish species' showed significant 
changes 1-3 years post-bleaching. The responses ranged from local 
extinction to several-fold increases in abundance. Though the 
damselfishes included in their study showed mixed results, Pratchett et 
al. (2008) found ``fishes that increased in abundance were mostly 
dietary and habitat generalist species,'' but some herbivores also 
showed increases. Thus, we do not view this study as providing any 
reliable prediction of yellowtail damselfish responses to coral 
bleaching. The petition also cites Bonin (2012) for effects of coral 
bleaching on damselfish. The paper concludes that as a result of coral 
mortality from bleaching, ``[fish] specialists will increasingly be 
forced to use alternative recruitment habitats, and that is likely to 
reduce population replenishment.'' As noted above, however, yellowtail 
damselfish is not a specialist on any particular coral species. Bonin 
(2012) further states that the ``available evidence suggests that the 
presence of conspecifics provides a stronger cue for settlement than 
does microhabitat (Booth, 1992; Lecchini et al., 2005a; 2005b).'' Thus, 
the presence of established individuals of the same fish species was 
more important for settling recruits than was habitat in that study. A 
third study cited by the petition, Booth and Beretta (2012), provided 
examples of fish recruit abundance decline independent of coral 
bleaching and concluded ``these examples highlight the stochastic 
nature of recruitment, and caution against the hasty attribution of 
cause and effect in explaining changes in recruitment through time.'' 
Graham et al. (2007) was also cited by the petition as an example of 
the effects of bleaching on coral-reef fishes. The authors concluded 
that ``of the indirect effects of bleaching that we have identified, 
one of the most significant for the reef ecosystem as a whole is likely 
to be the decline in smaller size classes of herbivorous fishes (mainly 
surgeonfishes and parrotfishes with some rabbitfishes and two species 
of damselfish).'' The petition also cites Wilson et al. (2006) for 
effects of bleaching on coral-reef fishes; however, Wilson et al. 
(2006) found ``abundances of species reliant on live coral for food and 
shelter consistently declined during this time frame, while abundance 
of some species that feed on invertebrates, algae and/or detritus 
increased. The response of species, particularly those expected to 
benefit from the immediate loss of coral, is variable.'' Thus, given 
that yellowtail damselfish is not an obligate corallivore and has a 
varied diet including algae and invertebrates, this study is not 
indicative of potential adverse impacts to yellowtail damselfish from 
coral bleaching. Finally, the petition cites Bonin et al. (2009) for 
effects of bleaching on coral-reef fishes. This study examined the 
effects of bleaching on two species of gobies that are live-coral 
symbionts. Again, this information does not allow us to infer any level 
of extinction risk from coral reef habitat loss due to climate change 
impacts for yellowtail damselfish.
    Therefore, we find that the petition does not provide substantial 
scientific or commercial information indicating that listing yellowtail 
damselfish as

[[Page 8625]]

threatened or endangered may be warranted due to loss or degradation of 
coral habitat that may result from global climate change.

Overutilization for Commercial and Recreational Purposes

    The petition provides information indicating damselfish are the 
most commonly harvested group of fishes in the global trade of marine 
aquarium fish. The petition does not include any information specific 
to the collection of yellowtail damselfish, nor does it provide any 
explanation of how harvest of yellowtail damselfish is an extinction 
risk to the species. Due to the pugnacious behavior of yellowtail 
damselfish and its solitary nature (Robins et al., 1986), it is likely 
a less desirable species for use in aquaria compared to damselfish that 
are schooling planktivores such as the blue-green chromis. Though we do 
not have information in our files for harvest and trade impacts across 
the entire range of the species, we do have information in our files 
about harvest of damselfish in Florida for the aquarium trade; 9,780 
damselfish were collected in 2009 from Florida waters for the aquarium 
trade. There are 14 species of damselfish in Florida waters and 
yellowtail damselfish is considered ``common'' (Humann, 1999), but 
specific information regarding the contribution of yellowtail 
damselfish to the aquarium trade harvest in Florida is not available 
(FWRI, 2009). Even if we assumed the entire Florida harvest in 2009 was 
comprised of yellowtail damselfish and is representative of ongoing 
harvest levels, we do not believe the collection of nearly 10,000 
individuals in Florida annually would constitute an extinction risk 
that is cause for concern to the status of yellowtail damselfish. 
Because field surveys throughout the Florida Keys forereef, high relief 
spur and groove habitat indicate yellowtail damselfish have remained 
stable in frequency and density for the last 22 years (NMFS SEFSC, 
2014), we believe harvest is not contributing to a decline in total 
numbers within Florida. In summary, we find the petition and 
information in our files do not present substantial scientific or 
commercial information to suggest that listing yellowtail damselfish as 
threatened or endangered may be warranted due to overutilization for 
commercial, recreational, educational, or scientific purposes.

Inadequacy of Existing Regulatory Mechanisms

    The petition states the regulatory mechanisms addressing greenhouse 
gas pollution, protecting coral reef habitat, and controlling the 
aquarium trade are inadequate to protect the yellowtail damselfish and 
that the ``widespread and growing trade in coral-reef fish and corals 
adds to the cumulative stresses . . . from ocean warming and ocean 
acidification.'' The petition states that both international and 
domestic laws controlling greenhouse gas emissions are inadequate and/
or have failed to control emissions, ``as acknowledged by NMFS in its 
Status Review Report of 82 Candidate Coral Species and Accompanying 
Management Report.'' We concur there is information in the petition, 
readily available in our files, and from scientific literature that 
indicates GHG emissions and associated ocean warming, acidification and 
other synergistic effects are contributing to extinction risk for some 
species of reef building corals (79 FR 53851; September 10, 2014), and 
that existing regulatory mechanisms are inadequate to prevent these 
emissions from causing serious harmful impacts to corals. However, we 
do not have information in our files, and we are not aware of any 
literature, indicating GHG emissions are negatively affecting 
yellowtail damselfish (e.g., through sensory impacts, discussed below). 
As discussed above, yellowtail damselfish associate with a variety of 
coral-reef habitats and we have no information from which to conclude 
the impacts of GHG emissions on coral reefs present extinction risk 
that is cause for concern for yellowtail damselfish. Therefore, we also 
cannot conclude that inadequacy of regulatory mechanisms to control 
these emissions is causing extinction risk that is cause for concern 
for this species.
    The petition states that existing regulatory mechanisms are 
inadequate to protect coral reef habitats from local threats (e.g., 
overfishing), despite international and domestic efforts to reduce 
threats to reefs. The petition cites Burke et al. (2011), as concluding 
that ``[m]ore than 60% of the world's coral reefs are under immediate 
and direct threat from one or more local sources,'' and that ``[of] 
local pressures on coral reefs, overfishing--including destructive 
fishing--is the most pervasive immediate threat, affecting more than 55 
percent of the world's reefs.'' The petition states ``this high level 
of threat clearly indicates that existing regulatory mechanisms are 
inadequate to protect the coral reefs on which the petitioned 
Pomacentrids depend.'' However, the petition fails to discuss how 
yellowtail damselfish may be susceptible to this generalized threat to 
coral reefs.
    The petition states that regulation of the aquarium trade is 
inadequate to control trade and prevent collection detrimental to the 
species' survival. The petition cites Tissot et al. (2010) for evidence 
of ``weak governance capacity in major source countries such as 
Indonesia and the Philippines; high international demand, particularly 
from the United States . . . and inadequate enforcement of the few 
existing laws, allowing collectors to use illegal and harmful 
collection methods such as sodium cyanide.'' Drawing inferences based 
on Indo-Pacific species and the regulatory mechanisms governing their 
collection is inappropriate because yellowtail damselfish do not occur 
in the foreign countries in the Indo-Pacific discussed as having 
inadequate governance and enforcement of laws. There is no information 
in our files indicating yellowtail damselfish is a highly prized, 
collected, or traded marine organism. We conclude the threats 
characterization in the petition regarding inadequacy of regulatory 
mechanisms to control harmful harvest of yellowtail damselfish is 
unsubstantiated.
    In summary we find the petition does not provide substantial 
scientific or commercial information to suggest that existing 
regulatory mechanisms related to any identified threats to the species 
are inadequate such that they may be causing an extinction risk for the 
yellowtail damselfish.

Other Natural or Manmade Factors

    The petition states that ocean acidification and ocean warming, in 
addition to causing habitat loss, ``directly threaten the survival of 
the petitioned species through a wide array of adverse impacts that are 
predicted to lead to negative fitness consequences and population 
declines.'' The petition states ``ocean acidification impairs the 
sensory capacity and behavior of larval clownfish and damselfish.'' The 
petition refers to a number of sources to demonstrate that in the 
laboratory, behavioral responses of larval fish can be affected by 
elevated carbon dioxide levels.
    The petition states ``research on the effects of ocean 
acidification on six species of larval damselfish found that elevated 
carbon dioxide levels expected within this century impair damselfish 
smell, vision, learning, behavior, and brain function, leading to a 
higher risk of mortality.'' Results from two of these six damselfish 
are from Munday et al. (2010) who found that ``700 ppm carbon dioxide 
is close to the threshold at which adaptation of behavioral responses 
might be possible in reef

[[Page 8626]]

fishes, provided that the variation in sensitivity to elevated carbon 
dioxide we observed between individuals at this concentration has a 
genetic basis. The olfactory capacity of approximately one-half of the 
larvae was unaffected by exposure to 700 ppm carbon dioxide, and these 
individuals exhibited less risky behavior in the field (remained closer 
to shelter) compared with affected individuals.'' The effect on 
olfactory capacity appears to be an individual response and not 
necessarily a population response. A variable individual response does 
not constitute a risk to the entire population and therefore, there is 
not sufficient evidence of extinction risk to yellowtail damselfish 
posed by elevated carbon dioxide impacts on olfactory capacity.
    Results from the other four of these six damselfish species are 
from Ferrari et al. (2011), where the effects of carbon dioxide 
exposure on the antipredator responses of four sympatric species who 
share the same ecology and life history was tested; all four are 
congeners in a different genus than yellowtail damselfish and all are 
found in the Pacific Ocean. The four damselfish in the Ferrari et al. 
(2011) study were specifically selected to compare similar species 
response to carbon dioxide in order to predict ecological impacts on 
marine communities. The concentrations of carbon dioxide tested ranged 
from those similar to recent atmospheric concentrations (390 ppm) to 
those representing highly elevated (700 and 850 ppm) atmospheric 
levels. This was accomplished by placing juveniles collected in traps 
into 35 L rearing aquariums that were either aerated with 390 ppm 
(current-day control), 728  88, or 1008  78 ppm 
(mean  SD) carbon dioxide enriched air (Munday et al., 
2009; Dixson et al., 2010) creating environments with 700 and 850 ppm 
CO2 (see Munday et al. (2010) for more details). While 
Ferrari et al. (2011) predicted the difference in behavioral response 
in the lab would translate into differential survival in the field, the 
``four congeneric species showed striking and unexpected variation in 
CO2 tolerance.'' The antipredator responses were reduced at 
the 700 ppm level, but did not disappear, while at the 850 ppm level, 
three out of four species did not show an adaptive antipredator 
response, and the fourth maintained an antipredator response similar to 
the response level of the 700 ppm exposure. Additionally, all fish 
displayed antipredator responses to odors from injured conspecifics, 
which is considered a reliable cue of general predation risk (Ferrari 
et al., 2010). The results by Ferrari et al. (2011) were described by 
the petitioner as highlighting how individual effects from elevated 
carbon dioxide are highly uncertain and constitute an extinction risk 
for the petitioned species. However, merely identifying factors that 
could negatively impact a species does not constitute substantial 
information that listing may be warranted. Because Ferrari et al. 
(2011) found ``marked intraspecific variation,'' we interpret these 
results to demonstrate variability in physiological responses within 
the functional group examined (functional groups were defined by their 
carbon dioxide tolerance). Further, Ferrari et al. (2011) found 
predation rates and prey selectivity were impacted by exposure to 
elevated levels of dissolved carbon dioxide, but the outcome of the 
interaction was dependent on the size of juvenile prey, not on the 
species. Additionally, Ferrari et al. (2011) concluded that if the 
negative effects of carbon dioxide were balanced between prey and 
predators, we would not expect any change in overall mortality rate. 
These data do not provide reliable information for conclusions about 
the response of the yellowtail damselfish, much less a population-level 
response that might occur if the carbon dioxide levels tested are 
eventually reached. Finally, Ferrari et al. (2011) note that their 
experimental results may represent a worst case scenario in that it 
assumes absence of adaptation. We do not have information in our files, 
and we are not aware of any literature, indicating increased carbon 
dioxide levels have reduced fitness of any western Atlantic damselfish, 
or that increased levels may pose an extinction risk that is cause for 
concern for yellowtail damselfish.
    The petition also states that elevated sea surface temperatures 
``can influence the physiological condition, developmental rate, growth 
rate, early life history traits, and reproductive performance of coral 
reef fishes, all of which can affect their population dynamics, 
community structure, and geographical distributions,'' citing Nilsson 
et al. (2009). We reviewed Nilsson et al. (2009) and found the results 
show physiological responses to changes in water temperature. Nilsson 
et al. (2009) examined the capacity of five species of marine fish to 
perform aerobically (aerobic scope). They found that all five species 
exhibited a decline in aerobic capacity at elevated water temperatures 
(31, 32, or 33 [deg]C) compared to the control (29 [deg]C); the three 
damselfish species tested retained over half their aerobic scope at 33 
[deg]C, while all capacity for additional oxygen uptake was exhausted 
at 33 [deg]C for the two cardinalfish species tested. One damselfish 
species' oxygen uptake was reduced from 142% at 29 [deg]C to 81% at 31 
[deg]C while another species' uptake went from 300% at 29 [deg]C to 
178% at 33 [deg]C. These results indicate that damselfish are thermally 
tolerant and as Nilsson et al. (2009) state, ``populations of thermally 
tolerant species are likely to persist at higher temperatures, but 
populations of thermally sensitive species could decline on low-
latitude reefs if individual performance falls below levels needed to 
sustain viable populations.
    The petition cites several other sources, primarily Johansen and 
Jones (2011), which found increasing temperatures have negative effects 
on the aerobic capacity and swimming performance of some damselfish, 
though the species tested did not include the yellowtail damselfish or 
any of its congeners. These studies also revealed inter-specific 
differences in the response to elevated temperature and discussed how 
acclimation, developmental plasticity, and adaptation can alleviate 
temperature-related physiological impacts. All but one of these studies 
were single generation studies and did not evaluate trans-generational 
plasticity for any species to determine if the species are able to 
adapt or acclimate to new environmental conditions over time. In fact, 
the one study that did (Donelson et al., 2011) found that ``complete 
compensation in aerobic scope occurred when both parents and offspring 
were reared throughout their lives at elevated temperature. Such 
acclimation could reduce the impact of warming temperatures and allow 
populations to persist across their current range. This study reveals 
the importance of trans-generational (across generations) acclimation 
as a mechanism for coping with rapid climate change and highlights that 
single generation studies risk underestimating the potential of species 
to cope.'' The petition does not provide any information about the 
aerobic scope of yellowtail damselfish, nor do we have any information 
in our files. Therefore, we do not believe Nilsson et al. (2009), 
Donelson et al. (2011), and Johansen and Jones (2011), are reliable 
sources for the premise that elevated sea temperatures will affect the 
physiological response of yellowtail damselfish to the extent it poses 
an extinction risk of concern to the species.
    Results from a study by Munday et al. (2008) are also included in 
the petition to indicate how larval growth rates and recruitment of 
some reef fishes can increase with warmer water. Munday et

[[Page 8627]]

al. (2008) documented high variability in response at both the 
individual and species level. Many coral reef fishes have geographical 
ranges spanning a wide temperature gradient and some have short 
generation times. These characteristics are conducive to acclimation or 
local adaptation to climate change and provide potential for more 
resilient species to persist (Munday et al., 2008).
    Thus, we conclude the petition did not explain, nor do we have 
information in our files explaining, how physiological effects of 
elevated carbon dioxide or elevated temperature would have negative 
effects on yellowtail damselfish. As we have noted, many of the 
references presented by the petition show highly variable physiological 
responses by individuals and species to various stimuli (elevated 
carbon dioxide or increased temperatures) and no reliable inference to 
yellowtail damselfish population responses can be drawn. We conclude 
the petition does not provide reliable support for the premise that the 
effects of ocean warming or ocean acidification may be posing 
extinction risk that is cause for concern for yellowtail damselfish.
    In summary, we conclude the petitions' characterization of ocean 
acidification and ocean warming as posing negative fitness consequences 
to be broad statements of generalized threats and do not indicate that 
ocean acidification and ocean warming directly threaten the survival or 
pose extinction risk that is cause for concern to the yellowtail 
damselfish. Therefore, we conclude the petition does not present 
substantial scientific or commercial information indicating the 
petitioned action may be warranted due to other natural or manmade 
factors.

Synergistic threats

    Additionally, we do not find that the combination of proposed 
threats to yellowtail damselfish poses extinction risk that is cause 
for concern for yellowtail damselfish. The proposed threat from loss of 
habitat or habitat degradation is overstated because not all coral 
species are highly vulnerable to the threats associated with global 
climate change, some coral species will survive, and yellowtail 
damselfish are capable of habitat adaptations in response to changes in 
composition of coral species on reefs; harvest of the species is 
minimal; and physiological responses to increased carbon dioxide levels 
and sea temperature vary widely. Therefore, we do not believe these 
proposed threats act synergistically on yellowtail damselfish to pose 
extinction risk that is cause for concern.

Finding

    After reviewing the information contained in the petition, as well 
as information readily available in our files, we conclude the petition 
does not present substantial scientific or commercial information 
indicating that listing the yellowtail damselfish as either an 
endangered species or as a threatened species may be warranted.

References Cited

    A complete list of all references is available on our Web site: 
http://sero.nmfs.noaa.gov/protected_resources/listing_petitions/species_esa_consideration/index.html .

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: February 11, 2015.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-03326 Filed 2-17-15; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8619 Affected Public: Federal government; proposed and/or continuing information Estimated Total Annual Burden State, local, or tribal government; collections, as required by the Hours: 5,926. business or other for-profit Paperwork Reduction Act of 1995. Estimated Total Annual Cost to organizations. DATES: Written comments must be Public: $898 in recordkeeping/reporting Estimated Number of Respondents: submitted on or before April 20, 2015. costs. 160. ADDRESSES: Direct all written comments IV. Request for Comments Estimated Time Per Response: Permit to Jennifer Jessup, Departmental applications, 12 hours; permit Comments are invited on: (a) Whether Paperwork Clearance Officer, the proposed collection of information modification requests 6 hours; annual or Department of Commerce, Room 6616, final reports, 2 hours. is necessary for the proper performance 14th and Constitution Avenue NW., of the functions of the agency, including Estimated Total Annual Burden Washington, DC 20230 (or via the whether the information shall have Hours: 835. Internet at JJessup@doc.gov). practical utility; (b) the accuracy of the Estimated Total Annual Cost to Public: $500 in recordkeeping/reporting FOR FURTHER INFORMATION CONTACT: agency’s estimate of the burden costs. Requests for additional information or (including hours and cost) of the copies of the information collection proposed collection of information; (c) IV. Request for Comments instrument and instructions should be ways to enhance the quality, utility, and Comments are invited on: (a) whether directed to Patsy A. Bearden, NMFS clarity of the information to be the proposed collection of information Alaska Region, (907) 586–7008 or collected; and (d) ways to minimize the is necessary for the proper performance Patsy.Bearden@noaa.gov. burden of the collection of information of the functions of the agency, including SUPPLEMENTARY INFORMATION: on respondents, including through the whether the information shall have use of automated collection techniques I. Abstract practical utility; (b) the accuracy of the or other forms of information agency’s estimate of the burden This request is for extension of a technology. (including hours and cost) of the currently approved information Comments submitted in response to proposed collection of information; (c) collection. this notice will be summarized and/or ways to enhance the quality, utility, and The purpose of the IFQ fee is to included in the request for OMB clarity of the information to be recover actual costs incurred in approval of this information collection; collected; and (d) ways to minimize the managing and enforcing the IFQ they also will become a matter of public burden of the collection of information Program (75%) and to make funds record. on respondents, including through the available for Congress to appropriate for Dated: February 11, 2015. use of automated collection techniques support of the North Pacific IFQ Loan Sarah Brabson, or other forms of information Program (25%). An IFQ permit holder incurs a cost NOAA PRA Clearance Officer. technology. recovery fee liability for every pound of [FR Doc. 2015–03190 Filed 2–17–15; 8:45 am] Comments submitted in response to this notice will be summarized and/or IFQ halibut and IFQ sablefish that is BILLING CODE 3510–22–P included in the request for OMB landed under his or her IFQ permit(s). approval of this information collection; The IFQ permit holder is responsible for they also will become a matter of public self-collecting the fee liability for all IFQ DEPARTMENT OF COMMERCE record. halibut and IFQ sablefish landings on National Oceanic and Atmospheric Dated: February 11, 2015. his or her permit(s). Fees must be Administration collected at the time of a legal landing Sarah Brabson, of halibut or sablefish, filing of a [Docket No. 130312237–5115–01] NOAA PRA Clearance Officer. landing report, or sale of such fish [FR Doc. 2015–03191 Filed 2–17–15; 8:45 am] RIN 0648–XC567 during a fishing season or in the last BILLING CODE 3510–22–P quarter of the calendar year in which Endangered and Threatened Wildlife; the fish is harvested. 90-Day Finding on a Petition to List II. Method of Collection Yellowtail Damselfish as Threatened or DEPARTMENT OF COMMERCE Endangered Under the Endangered Paper format; electronically (Internet), Species Act National Oceanic and Atmospheric email, U.S. mail, and fax. Administration AGENCY: National Marine Fisheries III. Data Service (NMFS), National Oceanic and Proposed Information Collection; OMB Control Number: 0648–0398. Atmospheric Administration (NOAA), Comment Request; Alaska Pacific Form Number(s): None. Department of Commerce. Halibut and Sablefish Fisheries: Type of Review: Regular (extension of ACTION: Notice of 90-day petition Individual Fishing Quota (IFQ) Cost a currently approved information finding. Recovery collection). AGENCY: National Oceanic and Affected Public: Individuals or SUMMARY: We (NMFS) announce a 90- Atmospheric Administration (NOAA), households; business or other for-profit day finding on a petition to list Commerce. organizations. yellowtail damselfish (Microspathodon emcdonald on DSK67QTVN1PROD with NOTICES Estimated Number of Respondents: chrysurus) as threatened or endangered ACTION: Notice. 2,963. under the Endangered Species Act SUMMARY: The Department of Estimated Time Per Response: Two (ESA). We find that the petition does Commerce, as part of its continuing hours for paper and 5 minutes for not present substantial scientific or effort to reduce paperwork and Internet IFQ Registered Buyer Ex-vessel commercial information indicating that respondent burden, invites the general Value and Volume Report; and two the petitioned action may be warranted. public and other Federal agencies to hours for paper and 5 minutes for IFQ ADDRESSES: Copies of the petitions and take this opportunity to comment on Fee Submission Form. related materials are available upon VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

8620 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices request from the Assistant Regional a review of the status of the species regarding the status of the species over Administrator, Protected Resources concerned, during which we will all or a significant portion of its range; Division, Southeast Regional Office, conduct a comprehensive review of the and (4) is accompanied by the NMFS, 263 13th Avenue South, St. best available scientific and commercial appropriate supporting documentation Petersburg, FL 33701, or online at: information. In such cases, we are to in the form of bibliographic references, http://sero.nmfs.noaa.gov/pr/ conclude the review with a finding as to reprints of pertinent publications, ListingPetitions.htm. whether, in fact, the petitioned action is copies of reports or letters from FOR FURTHER INFORMATION CONTACT: warranted within 12 months of receipt authorities, and maps (50 CFR Jason Rueter, NMFS Southeast Region, of the petition. Because the finding at 424.14(b)(2)). the 12-month stage is based on a more Court decisions clarify the 727–824–5312. thorough review of the available appropriate scope and limitations of the SUPPLEMENTARY INFORMATION: Services’ review of petitions at the 90- information, as compared to the narrow Background scope of review at the 90-day stage, a day finding stage to make a ‘‘may be warranted’’ finding at the 90- determination whether a petitioned On September 14, 2012, we received action ‘‘may be’’ warranted. As a general day stage does not prejudge the outcome a petition from the Center for Biological matter, these decisions hold that a of the status review. Diversity (CBD) to list eight reef fishes Under the ESA, a listing petition need not establish a ‘‘strong of the family Pomacentridae as determination may address a ‘‘species,’’ likelihood’’ or a ‘‘high probability’’ that threatened or endangered under the which is defined to also include a species is either threatened or ESA. The eight species are orange subspecies and, for any vertebrate endangered to support a positive 90-day clownfish (Amphiprion percula), black- species, any distinct population finding. axil chromis (Chromis atripectoralis), segment (DPS) that interbreeds when We evaluate the petitioner’s request blue-green damselfish (Chromis viridis), mature (16 U.S.C. 1532(16)). A species, based upon the information in the Hawaiian dascyllus (Dascyllus subspecies, or DPS is ‘‘endangered’’ if it petition, including its references, and albisella), reticulated damselfish is in danger of extinction throughout all the information readily available in our (Dascyllus reticulatus), yellowtail or a significant portion of its range, and files. We do not conduct additional damselfish or jewelfish ‘‘threatened’’ if it is likely to become research, and we do not solicit (Microspathodon chrysurus), blackbar endangered within the foreseeable information from parties outside the devil or Dick’s damselfish future throughout all or a significant agency to help us in evaluating the (Plectroglyphidodon dickii), and blue- portion of its range (ESA sections 3(6) petition. We will accept the petitioner’s eyed damselfish (Plectroglyphidodon and 3(20), respectively; 16 U.S.C. sources and characterizations of the johnstonianus). The petition is available 1532(6) and (20)). Pursuant to the ESA information presented, if they appear to on our Web site (http:// and our implementing regulations, we be based on accepted scientific www.nmfs.noaa.gov/pr/species/ determine whether species are principles, unless we have specific petitions/pomacentrid_reef_fish_ threatened or endangered because of information in our files that indicates petition_2012.pdf). Given the any one or a combination of the the petition’s information is incorrect, geographic range of these species, we following five section 4(a)(1) factors: unreliable, obsolete, or otherwise divided the lead for the response to the The present or threatened destruction, irrelevant to the requested action. petition between our Southeast Regional modification, or curtailment of habitat Information that is susceptible to more Office (SERO) and our Pacific Islands or range; overutilization for commercial, than one interpretation or that is Regional Office (PIRO). SERO led the recreational, scientific, or educational contradicted by other available response to the petition to list the purposes; disease or predation; information will not be dismissed at the yellowtail damselfish (Microspathodon inadequacy of existing regulatory 90-day finding stage, so long as it is chrysurus) in this finding; PIRO led the mechanisms; and any other natural or reliable and a reasonable person would response for the remaining species manmade factors affecting the species’ conclude it supports the petitioner’s separately and published a 90-day existence (16 U.S.C. 1533(a)(1), 50 CFR assertions. In other words, conclusive finding on those species on September 424.11(c)). information indicating the species may 3, 2014 (79 FR 52276). ESA-implementing regulations issued meet the ESA’s requirements for listing jointly by NMFS and USFWS (50 CFR is not required to make a positive 90- ESA Statutory and Regulatory 424.14(b)) define ‘‘substantial day finding. We will not conclude that Provisions and Evaluation Framework information’’ in the context of reviewing a lack of specific information alone Section 4(b)(3)(A) of the ESA of 1973, a petition to list, delist, or reclassify a negates a positive 90-day finding, if a as amended (U.S.C. 1531 et seq.), species as the amount of information reasonable person would conclude that requires, to the maximum extent that would lead a reasonable person to the unknown information itself suggests practicable, that within 90 days of believe that the measure proposed in the an extinction risk of concern for the receipt of a petition to list a species as petition may be warranted. In evaluating species at issue. threatened or endangered, the Secretary whether substantial information is To make a 90-day finding on a of Commerce make a finding on whether contained in a petition, the Secretary petition to list a species, we evaluate that petition presents substantial must consider whether the petition: (1) whether the petition presents scientific or commercial information Clearly indicates the administrative substantial scientific or commercial indicating that the petitioned action measure recommended and gives the information indicating the subject emcdonald on DSK67QTVN1PROD with NOTICES may be warranted, and to promptly scientific and any common name of the species may be either threatened or publish such finding in the Federal species involved; (2) contains a detailed endangered, as defined by the ESA. Register (16 U.S.C. 1533(b)(3)(A)). When narrative justification for the First, we evaluate whether the we find that substantial scientific or recommended measure, describing, information presented in the petition, commercial information in a petition based on available information, past and along with the information readily indicates the petitioned action may be present numbers and distribution of the available in our files, indicates that the warranted (a ‘‘positive 90-day finding’’), species involved and any threats faced petitioned entity constitutes a ‘‘species’’ we are required to promptly commence by the species; (3) provides information eligible for listing under the ESA. Next, VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8621 we evaluate whether the information that the classification is based upon, in Analysis of the Petition indicates that the species at issue faces light of the standards on extinction risk We evaluated whether the petition extinction risk that is cause for concern; and impacts or threats discussed above. presented the information required in this may be indicated in information 50 CFR 424.14(b)(2) and found that the expressly discussing the species’ status Species Description petition contains the species’ taxonomic and trends, or in information describing The yellowtail damselfish is a reef description, current geographic impacts and threats to the species. We fish (Family Pomacentridae) that distribution, habitat characteristics, and evaluate any information on specific inhabits shallow coral reefs usually at threats that could be affecting it. The demographic factors pertinent to depths between 1–10 m (depth range petition does not present any evaluating extinction risk for the species can be up to 120 m; Loris and Rucabado, information on past or present at issue (e.g., population abundance and 1990) in the western Atlantic Ocean population numbers, instead it trends, productivity, spatial structure, including Bermuda, southern Florida, acknowledges that abundance and age structure, sex ratio, diversity, and the Caribbean Sea (Allen, 1991), population trends are unknown for the current and historical range, or habitat south to Brazil (Moura et al., 1999), and petitioned species, but suggests that the integrity), and the potential contribution also including the Gulf of Mexico decrease in average live coral cover of identified demographic risks to (Bohlke and Chaplin, 1993). Yellowtail across the Caribbean from 50 to 60 extinction risk for the species. We then damselfish occupy non-overlapping, percent coverage in the 1970s to 8 evaluate the potential links between often contiguous territories on solid percent coverage today suggests reasons these demographic risks and the substrata averaging 44 m2 in size (range for concern. The petition does not causative impacts and threats identified in section 4(a)(1). 14–109 m2, n = 22; P. Sikkel, provide information regarding the status Information presented on impacts or unpublished data) in which they feed of yellowtail damselfish over all or a threats should be such that it reasonably on epilithic microalgae (algae growing significant portion of its range, other suggests that one or more of these on rock) and associated microfauna than a discussion of threats. The factors may be operative threats that act, (Bohlke and Chaplin, 1968; Sikkel and petition includes supporting references. or have acted, on the petitioned species Kramer, 2006). Adults are primarily The petition states that yellowtail to the point that it may warrant algae-eaters (Robins et al., 1986), feeding damselfish are vulnerable to coral protection under the ESA. Broad on microalgae, epiphytic (growing on a habitat loss and degradation due to statements about generalized threats to plant) diatoms, and to a lesser extent temperature-induced coral bleaching the species, or identification of factors live coral, and are therefore known as and ocean acidification, and that this that could negatively impact a species, facultative corallivores (Cole et al., vulnerability is heightened given their do not constitute substantial 2008). Adults of both sexes are solitary reliance on live branching corals such as information that listing may be and they aggressively defend their species of Millepora and Acropora. The warranted. We look for information territories against conspecifics and other petition states yellowtail damselfish are indicating that not only is the particular species to a lesser extent (Sikkel and threatened by ocean warming and ocean species exposed to a factor, but that the Kramer, 2006). The territories of females acidification that directly impairs its species may be responding in a negative tend to be shallower and closer to shore sensory capabilities, behavior, aerobic fashion; then we assess the potential than those of males (Sikkel and Kramer, capacity, swimming ability, and significance of that negative response. 2006). reproduction. The petition also states Many petitions identify risk that the global marine aquarium trade Yellowtail damselfish spawning peaks and lack of regulatory mechanisms classifications made by other for four to five weeks in February to further threaten yellowtail damselfish organizations or agencies, such as the March and again in July to August by decreasing their populations in the International Union on the Conservation of Nature (IUCN), the American (Deloach, 1999). Spawning occurs wild. Fisheries Society (AFS), or NatureServe, during the first 1–3 hours of daylight (Sikkel and Kramer, 2006) at regular 3- Information on Population Status, as evidence of extinction risk for a Trends and Demographics Relevant to species. Risk classifications by other day intervals from 3 days before to 3 weeks after the full moon (Pressley, Extinction Risk organizations or made under other federal or state statutes may be 1980; Robertson et al., 1990). Females As stated above, the petition does not informative, but the classification alone can travel up to 120 m from their include any information on past or may not provide the rationale for a territory to find mates (Sikkel and present population numbers, and it positive 90-day finding under the ESA. Kramer, 2006). Females lay their entire acknowledges that abundance and For example, as explained by clutch within the male territory during population trends are unknown. The NatureServe, their assessments of a a spawning event and will often mate petition does not provide information species’ conservation status do ‘‘not with the same male over successive regarding the status of yellowtail constitute a recommendation by spawning trips (Sikkel and Kramer, damselfish over all or a significant NatureServe for listing under the U.S. 2006). Male damselfish prepare nests portion of its range, although one of the Endangered Species Act’’ because within their territories, frequently in references cited describes the species as NatureServe assessments ‘‘have coral rubble, and protect the eggs ‘‘common on shallow reefs in the different criteria, evidence (Pressley, 1980). Embryos hatch tropical Western Atlantic,’’ occurring at requirements, purposes and taxonomic approximately five days after densities of up to four individuals per emcdonald on DSK67QTVN1PROD with NOTICES coverage than government lists of fertilization (Pressley, 1980), and larvae 100 m2 in the Barbados (Sikkel and endangered and threatened species, and enter a 21 to 27 day pelagic phase. They Kramer, 2006). The petition does not therefore these two types of lists should then tend to settle on shallow patch identify any risk classifications by other not be expected to coincide’’ (http:// reefs, often inhabited by Millepora (fire organizations for this species. www.natureserve.org/prodServices/ coral), which Deloach (1999) states There is some information in our files statusAssessment.jsp). Thus, when a makes up much of the early diet, and on population status and trends for this petition cites such classifications, we Acropora species rubble habitats species in the Florida Keys. We have will evaluate the source information (Wilkes et al., 2008). data on the abundance of yellowtail VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

8622 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices damselfish from our Southeast Fisheries overutilization for commercial and Veron (2000) describes Millepora Science Center’s (SEFSC) Reef fish recreational purposes; (D) inadequacy of species as ‘‘common on reefs.’’ Visual Census (RVC). The RVC is a long- existing regulatory mechanisms; and (E) Therefore, we do not find population term, spatially-extensive survey that has other natural or manmade factors trends of Millepora pose an extinction assessed trends in abundance of reef affecting its continued existence. In the risk that is cause for concern for fishes in the Florida Keys, by collection following sections, we assess the yellowtail damselfish. of standardized data on trends in information presented in the petition We also reviewed the information in frequency of occurrence and density. and readily available in our files to the petition regarding the association The RVC survey includes data from determine whether the petitioned action between adult yellowtail damselfish and 1980 through 2012 for the forereef, high may be warranted. elkhorn coral. The petition cites relief spur and groove habitats, the Deloach (1999) in describing habitat use Present and Threatened Destruction, by yellowtail damselfish. In Deloach preferred habitat zone for yellowtail Modification, or Curtailment of Habitat (1999), we found the statement ‘‘[l]arge damselfish (NMFS SEFSC, 2014). These or Range females reign over widespread data show yellowtail damselfish abundance declined during the 1980’s The petition states that yellowtail territories of varying sizes on reef crests, but stabilized in the 1990’s with no damselfish are ‘‘dependent on live coral while males typically occupy deeper apparent trends through 2012. The RVC for shelter, reproduction, recruitment, zones of Elkhorn rubble.’’ This was the data recorded yellowtail damselfish in and/or food, which makes them highly only information presented in the 93 percent of samples (annual average) vulnerable to coral habitat loss and citation relative to elkhorn coral, but it in the 1980’s. Since 1991, the frequency degradation due to ocean warming and does not indicate yellowtail damselfish of occurrence has averaged around 79 ocean acidification and they are habitat specialize on, or rely upon, branching percent, with no apparent trend. specialists that rely on branching corals coral. Similarly, the density of fish, when which are particularly susceptible to The petition also cites Tolimieri present, averaged 5 fish per bleaching.’’ First we will evaluate the (1998) as a source for the premise that standardized sample in the 1980’s, and petition’s arguments that dependency of yellowtail damselfish are ‘‘significantly since 1991, the average annual density the yellowtail damselfish on certain associated with Acropora corals and when present has been 2.7 fish per species of live corals is a source of total live coral cover.’’ Tolimieri (1998), standardized sample, with no apparent extinction risk, and then we will investigated microhabitat substrate use trend (NMFS SEFSC, 2014). The evaluate the arguments that climate by several damselfish species on the observed decline in yellowtail change impacts to the species’ habitat Tague Bay Reef, St. Croix, United States damselfish frequency and density pose extinction risk that is cause for Virgin Islands. This study evaluated use between the 1980’s and the subsequent concern. of Porites spp., Porites spp. rubble, period of 1991–2012 in these data are Montastrea spp., Montastrea spp. Dependency on Branching Coral Species correlated with the documented rubble, Acropora spp. rubble, total live widespread loss of coral habitat that The petition cites several studies in coral, boulder (unidentified coral) occurred during the 1980’s, as noted in support of the argument that the rubble, algae, and pavement/sand the petition. These data also indicate yellowtail damselfish specializes on, or substrates. The author found that that since the initial decline, the long relies upon, branching corals such as yellowtail damselfish were associated term trend in yellowtail damselfish Millepora and Acropora species. The more than would be expected by frequency and density over 22 years of petition cites Allen (1991) for the random chance with dead Acropora data collection has remained stable. We proposition that juvenile yellowtail palmata rubble, but not with live coral interpret these data as indicating a damselfish ‘‘are usually seen among cover or the only live branching coral in population that has demonstrated long branches of the yellow stinging coral the study area—Porites porites. The term stability, despite significant habitat Millepora.’’ Deloach (1999) is cited for association between yellowtail changes and a one-time population an association between juveniles and damselfish and Acropora spp. coral decline. Thus, we do not believe the blade fire coral, M. complanata. rubble was statistically significant (p = available information on population Deloach (1999) is also cited as finding 0.043), but only explained 32 percent of status and trends suggest an extinction that Millepora makes up much of the the variation in abundance of yellowtail risk of concern for the species. early diet of yellowtail damselfish. The damselfish between the various study Web site www.species-identification.org sites on this reef. Information on Impacts and Threats to is similarly cited for the statement that The petition presents Wilkes et al. the Species yellowtail damselfish are known to feed (2008) for an association of adult We also evaluated whether the on the polyps of Millepora corals, yellowtail damselfish with live information in the petition and though as the petition notes from branching staghorn coral in the Dry information in our files concerning the another citation, this species is Tortugas, Florida. Wilkes et al. (2008) extent and severity of one or more of the considered a facultative and not an described their study objective as ESA section 4(a)(1) factors suggest these obligate corallivore (Cole et al., 2008). determining what effect, if any, on impacts and threats may be operative Regardless of the importance as food or damselfish could be discerned from threats that act or have acted on the habitat to yellowtail damselfish, the much of the live staghorn coral in Dry species, posing a risk of extinction for petition does not present information Tortugas National Park having been yellowtail damselfish that is cause for that suggests Millepora corals have been reduced to rubble by extreme cold snaps emcdonald on DSK67QTVN1PROD with NOTICES concern. As stated above in the petition affected by the numerous threats other and disease. Wilkes et al. (2008) analysis section, the petition states that corals face, thus we assume their role in compared damselfish densities on the four of the five causal factors in section the yellowtail damselfish’s life cycle is largest remaining live staghorn coral 4(a)(1) of the ESA are adversely affecting unchanged. Additionally, Brainard et al. formation and nearby staghorn coral the continued existence of yellowtail (2011), state ‘‘Millepora are among the rubble habitat, but did not directly damselfish: (A) Present or threatened first to bleach and die, but they seem to investigate damselfish use of any other destruction, modification, or have a special aptitude for recovering by habitat types in the park. This study curtailment of its habitat or range; (B) recruiting new colonies.’’ Further, found that the density of adult VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8623 yellowtail damselfish was greater at Indies in the 1970’s and concluded their the yellowtail damselfish that is a cause sites with live staghorn coral compared results were in agreement in most cases for concern. to nearby sites comprised of dead and that adult yellowtail damselfish were Climate Change Impacts to Coral Reef broken staghorn coral rubble. There was most characteristically associated with Ecosystems Generally as a Threat to no significant difference in density of elkhorn coral and Millepora in very Yellowtail Damselfish juvenile yellowtail damselfish between shallow to moderate depth range. the two sites. These authors suggest that Prior to the 1980’s, Acropora corals The petition discusses at length ‘‘complex reef topography of branching were the overwhelmingly dominant climate change impacts to corals and corals like Acropora are thought to be a reef-building coral on Caribbean reefs, coral reefs and future predictions for major factor affecting reef fish to the extent that depth zones were worsening impacts to corals at a global distribution and abundance’’ and that named after these species (‘‘elkhorn scale, and argues that these impacts the higher adult densities observed in zone,’’ ‘‘staghorn zone’’) (Goreau, 1959). pose extinction risk to yellowtail this study ‘‘may be related to the Given the dominance of these corals, it damselfish through destruction, increase in three-dimensional habitat is reasonable to expect that yellowtail modification or curtailment of its that would provide predator refuge damselfish and many other reef fishes habitat. As discussed above, while the dimensions more conducive to adult were found associated with acroporids petition establishes an association with body sizes that require larger shelter then as well. For example, Waldner and live branching coral species for spaces.’’ The authors conclude that Robertson (1980) found a significant yellowtail damselfish, we have ‘‘reductions in damselfish density are association between yellowtail established that they also associate with the likely outcome in reefs where damselfish and elkhorn corals in the other coral species and forms within the expanses of live branching coral are in 1970’s. During the 1980’s, a massive die- coral-reef ecosystem and are not reliant decline and are being replaced by off of Acropora species occurred in the upon branching corals for habitat. Caribbean. The decline in Acropora Many of the references provided in relatively low-dimensional fields of reef species was greater than 90 percent the petition offer global predictions on rubble.’’ Finally, Wilkes et al. (2008) (Ginsburg, 1994; Hughes, 1994; future rises in sea surface temperature note that ‘‘some damselfish species may McClanahan and Muthiga, 1998). As the (Donner et al., 2005; Donner, 2009), require the habitat complexity provided SEFSC RVC data indicate, yellowtail ocean acidity (Hoegh-Guldberg et al., by branching corals, whereas others are damselfish abundance declined in fore- 2007), or coral reef decline in general better suited to exploit a wide range of reef, spur and groove habitats in the (Hoegh-Guldberg, 1999; Veron et al., habitat types and display no specific Florida Keys in the 1980’s. The initial 2009). Emission rates of greenhouse coral preference.’’ However, the authors decline in yellowtail damselfish gases (GHG) associated with ocean make no conclusion about yellowtail warming have in recent years met or damselfish and their habitat usage, abundance is likely linked to the widespread die-off of corals. However, exceeded levels found in the worst-case though they do note another study scenarios considered by the (Wallman et al., 2006) that found that the yellowtail damselfish population has remained stable since 1991. Intergovernmental Panel on Climate patch reefs lacking in live branching Change (IPCC), resulting in all scenarios corals within Dry Tortugas National Although the Florida Keys population is at a lower level than it was in the 1970’s underestimating the projected future Park support populations of adult climate condition. New information yellowtail damselfish. and 1980’s, the stability in abundance indicates that it is not so low that suggests that regardless of the emission In our files we also have available depensatory processes, such as concentration pathway, more than 97 Waldner and Robertson (1980) that declining mate-finding ability or percent of reefs will experience severe considers patterns of spatial distribution escalating risk of predation, are an thermal stress by 2050 (Meissner et al., and resource partitioning in damselfish extinction risk factor. Therefore, we 2012). At the same time new to explain how ecologically similar reef conclude that the yellowtail damselfish information also highlights the spatial fishes can co-exist on various spatial is not dependent on acroporid corals to and temporal ‘‘patchiness’’ of warming scales. Field surveys recorded yellowtail the extent that the decline of Acropora (79 FR 53851; September 10, 2014). This damselfish in Puerto Rico between 1976 habitat presents an extinction risk that patchiness moderates vulnerability of and 1978 at both inshore and offshore is cause for concern. corals to extinction because most reefs and recorded substrate within 15 In summary, we acknowledge that species are not limited to one habitat cm (5.9 inches) of where the species was yellowtail damselfish was historically type but occur in numerous types of reef observed or the substrate where the fish associated with Acropora corals in the environments that are predicted, on sought refuge when rapidly approached Caribbean (Waldner and Robertson, local and regional scales, to experience by a diver. A total of 54 adult yellowtail 1980), and exhibited a population variable thermal regimes and ocean damselfish were reported on 4 out of 6 decline in habitats dominated by chemistry at any given point in time (79 substrate types: 48 percent of Acropora concurrent with the massive FR 53851; September 10, 2014). Overall, observations were associated with non- die-off of corals in the 1980s. However, there is ample evidence that climate branching massive corals such as the available information demonstrates change (including that which is already Montastraea annularis, 24 percent of the yellowtail damselfish associate with a committed to occur from past GHG observations were associated each with variety of coral species and habitats emissions and future emissions elkhorn (A. palmata) and staghorn (A. (Tolimieri, 1998; Wilkes et al, 2008) reasonably certain to occur) and will cervicornis) coral, and 4 percent were within the coral-reef ecosystem (e.g., lead to a worsening environment for emcdonald on DSK67QTVN1PROD with NOTICES associated with Millepora spp. When branching, boulder, and dead rubble), corals. the amount of the different substrate and appear in at least one instance If many coral species are to survive types within the transect area was (Florida Keys) to have inhabited reef anticipated global warming, corals and considered, elkhorn coral was found to areas at stable population levels for over their zooxanthellae will have to undergo be a most-used substrate. Waldner and 20 years after the widespread decline of significant acclimatization and/or Robertson (1980) then compared their acroporids. Therefore, the loss of the adaptation. There has been a recent results with the results of other studies branching elkhorn and staghorn corals research emphasis on the processes of that occurred throughout the West does not constitute an extinction risk for acclimatization and adaptation in VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

8624 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices corals. For example, the results of a threat is primarily a function of coral mortality from bleaching, ‘‘[fish] study funded by NOAA and conducted biological processes and characteristics, specialists will increasingly be forced to by the agency’s scientists and its and can vary greatly between and use alternative recruitment habitats, and academic partners suggests some coral within taxa (i.e., family, genus, or that is likely to reduce population species may be able to adapt to species). Susceptibility depends on replenishment.’’ As noted above, moderate climate warming, improving direct effects of the threat on the however, yellowtail damselfish is not a their chance of surviving through the species, and it also depends on the specialist on any particular coral end of this century, if there are large cumulative (i.e., additive) and species. Bonin (2012) further states that reductions in carbon dioxide emissions interactive (i.e., synergistic or the ‘‘available evidence suggests that the (Logan et al, 2013). Results of this study antagonistic) effects of multiple threats presence of conspecifics provides a further suggest some corals have already acting simultaneously on the species. stronger cue for settlement than does adapted to part of the warming that has For example, ocean warming affects microhabitat (Booth, 1992; Lecchini et occurred in the past. The study modeled coral colonies through the direct effect al., 2005a; 2005b).’’ Thus, the presence a range of possible coral adaptive of bleaching, together with the of established individuals of the same responses to thermal stress, and interactive effect of bleaching and fish species was more important for projected that, through processes such disease, because bleaching increases settling recruits than was habitat in that as genetic adaptation, acclimation, and disease susceptibility. Vulnerability of a study. A third study cited by the symbiont shuffling, the reefs could coral species to a threat also depends on petition, Booth and Beretta (2012), reduce the rate of temperature-induced the proportion of colonies and provided examples of fish recruit bleaching by 20 to 80 percent of levels populations that are exposed to the abundance decline independent of coral currently projected to occur by the year threat. Exposure is primarily a function bleaching and concluded ‘‘these 2100, if there are large reductions in of the distribution of the threat. The examples highlight the stochastic nature carbon dioxide emissions. The authors degree or intensity of exposure to a of recruitment, and caution against the emphasize the caveat that coral threat is primarily a function of physical hasty attribution of cause and effect in adaptation will not significantly slow processes and characteristics that limit explaining changes in recruitment the loss of coral reefs if there is no or moderate the intensity of the threat through time.’’ Graham et al. (2007) was decrease in GHG emissions and further, across the range of the species. In our also cited by the petition as an example that not all species will be able to adapt final listing rule responding to a petition of the effects of bleaching on coral-reef fast enough or to the same extent. to list 83 species of corals, we found fishes. The authors concluded that ‘‘of Thus, as a whole, the body of research that not all coral species are highly the indirect effects of bleaching that we on coral adaptation to global warming is vulnerable to the threats associated with have identified, one of the most inconclusive on how these processes global climate change (79 FR 53851; significant for the reef ecosystem as a may affect particular coral species’ September 10, 2014). Even some species whole is likely to be the decline in extinction risk, given the projected found to be susceptible to ocean smaller size classes of herbivorous intensity and rate of ocean warming warming were found not warranted for fishes (mainly surgeonfishes and (Brainard et al., 2011). listing because they may have a parrotfishes with some rabbitfishes and Similarly, because of the increase in buffering capacity to resist adverse two species of damselfish).’’ The carbon dioxide and other GHGs in the effects on their status, due to high petition also cites Wilson et al. (2006) atmosphere since the industrial abundance, wide range, and/or high for effects of bleaching on coral-reef revolution, ocean acidification has habitat heterogeneity. fishes; however, Wilson et al. (2006) already occurred throughout the world’s With information indicating found ‘‘abundances of species reliant on oceans, including in the Caribbean, and yellowtail damselfish associate with a live coral for food and shelter is predicted to considerably worsen between now and 2100. Overall, variety of coral habitats, and because consistently declined during this time available information demonstrates that susceptibility of coral species to climate frame, while abundance of some species most corals exhibit declining change impacts is highly variable, we that feed on invertebrates, algae and/or calcification rates with rising carbon cannot infer any level of extinction risk detritus increased. The response of dioxide concentrations, declining pH, from habitat loss due to climate change species, particularly those expected to and declining carbonate saturation for yellowtail damselfish. Further, in a benefit from the immediate loss of coral, state—although the rate and mode of review of six studies examining the is variable.’’ Thus, given that yellowtail decline can vary among species (79 FR effects of coral bleaching on coral-reef damselfish is not an obligate corallivore 53851; September 10, 2014). Spatially, fishes, Pratchett et al. (2008) found the and has a varied diet including algae while carbon dioxide levels in the density of 45 of 116 fish species’ and invertebrates, this study is not surface waters of the ocean are generally showed significant changes 1–3 years indicative of potential adverse impacts in equilibrium with the lower post-bleaching. The responses ranged to yellowtail damselfish from coral atmosphere, there can be considerable from local extinction to several-fold bleaching. Finally, the petition cites spatial variability in seawater pH across increases in abundance. Though the Bonin et al. (2009) for effects of reef-building coral habitats, resulting in damselfishes included in their study bleaching on coral-reef fishes. This colonies of a species experiencing high showed mixed results, Pratchett et al. study examined the effects of bleaching spatial variability in exposure to ocean (2008) found ‘‘fishes that increased in on two species of gobies that are live- acidification (79 FR 53851; September abundance were mostly dietary and coral symbionts. Again, this information does not allow us to infer any level of emcdonald on DSK67QTVN1PROD with NOTICES 10, 2014). habitat generalist species,’’ but some As we have discussed elsewhere (79 herbivores also showed increases. Thus, extinction risk from coral reef habitat FR 53851; September 10, 2014), we do not view this study as providing loss due to climate change impacts for vulnerability of a coral species to a any reliable prediction of yellowtail yellowtail damselfish. threat is a function of susceptibility and damselfish responses to coral bleaching. Therefore, we find that the petition exposure, considered at the appropriate The petition also cites Bonin (2012) for does not provide substantial scientific spatial and temporal scales. effects of coral bleaching on damselfish. or commercial information indicating Susceptibility of a coral species to a The paper concludes that as a result of that listing yellowtail damselfish as VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8625 threatened or endangered may be pollution, protecting coral reef habitat, The petition states that regulation of warranted due to loss or degradation of and controlling the aquarium trade are the aquarium trade is inadequate to coral habitat that may result from global inadequate to protect the yellowtail control trade and prevent collection climate change. damselfish and that the ‘‘widespread detrimental to the species’ survival. The and growing trade in coral-reef fish and petition cites Tissot et al. (2010) for Overutilization for Commercial and corals adds to the cumulative stresses evidence of ‘‘weak governance capacity Recreational Purposes . . . from ocean warming and ocean in major source countries such as The petition provides information acidification.’’ The petition states that Indonesia and the Philippines; high indicating damselfish are the most both international and domestic laws international demand, particularly from commonly harvested group of fishes in controlling greenhouse gas emissions the United States . . . and inadequate the global trade of marine aquarium are inadequate and/or have failed to enforcement of the few existing laws, fish. The petition does not include any control emissions, ‘‘as acknowledged by allowing collectors to use illegal and information specific to the collection of NMFS in its Status Review Report of 82 harmful collection methods such as yellowtail damselfish, nor does it Candidate Coral Species and sodium cyanide.’’ Drawing inferences provide any explanation of how harvest Accompanying Management Report.’’ based on Indo-Pacific species and the of yellowtail damselfish is an extinction We concur there is information in the regulatory mechanisms governing their risk to the species. Due to the petition, readily available in our files, collection is inappropriate because pugnacious behavior of yellowtail and from scientific literature that yellowtail damselfish do not occur in damselfish and its solitary nature indicates GHG emissions and associated the foreign countries in the Indo-Pacific (Robins et al., 1986), it is likely a less ocean warming, acidification and other discussed as having inadequate desirable species for use in aquaria synergistic effects are contributing to governance and enforcement of laws. compared to damselfish that are extinction risk for some species of reef There is no information in our files schooling planktivores such as the blue- building corals (79 FR 53851; September indicating yellowtail damselfish is a green chromis. Though we do not have 10, 2014), and that existing regulatory highly prized, collected, or traded information in our files for harvest and mechanisms are inadequate to prevent marine organism. We conclude the trade impacts across the entire range of these emissions from causing serious threats characterization in the petition the species, we do have information in harmful impacts to corals. However, we regarding inadequacy of regulatory our files about harvest of damselfish in do not have information in our files, and mechanisms to control harmful harvest Florida for the aquarium trade; 9,780 we are not aware of any literature, of yellowtail damselfish is damselfish were collected in 2009 from unsubstantiated. indicating GHG emissions are negatively Florida waters for the aquarium trade. In summary we find the petition does affecting yellowtail damselfish (e.g., There are 14 species of damselfish in not provide substantial scientific or through sensory impacts, discussed Florida waters and yellowtail commercial information to suggest that below). As discussed above, yellowtail damselfish is considered ‘‘common’’ existing regulatory mechanisms related damselfish associate with a variety of (Humann, 1999), but specific to any identified threats to the species coral-reef habitats and we have no information regarding the contribution are inadequate such that they may be information from which to conclude the of yellowtail damselfish to the aquarium causing an extinction risk for the impacts of GHG emissions on coral reefs trade harvest in Florida is not available yellowtail damselfish. present extinction risk that is cause for (FWRI, 2009). Even if we assumed the entire Florida harvest in 2009 was concern for yellowtail damselfish. Other Natural or Manmade Factors comprised of yellowtail damselfish and Therefore, we also cannot conclude that The petition states that ocean is representative of ongoing harvest inadequacy of regulatory mechanisms to acidification and ocean warming, in levels, we do not believe the collection control these emissions is causing addition to causing habitat loss, of nearly 10,000 individuals in Florida extinction risk that is cause for concern ‘‘directly threaten the survival of the annually would constitute an extinction for this species. petitioned species through a wide array risk that is cause for concern to the The petition states that existing of adverse impacts that are predicted to status of yellowtail damselfish. Because regulatory mechanisms are inadequate lead to negative fitness consequences field surveys throughout the Florida to protect coral reef habitats from local and population declines.’’ The petition Keys forereef, high relief spur and threats (e.g., overfishing), despite states ‘‘ocean acidification impairs the groove habitat indicate yellowtail international and domestic efforts to sensory capacity and behavior of larval damselfish have remained stable in reduce threats to reefs. The petition clownfish and damselfish.’’ The petition frequency and density for the last 22 cites Burke et al. (2011), as concluding refers to a number of sources to years (NMFS SEFSC, 2014), we believe that ‘‘[m]ore than 60% of the world’s demonstrate that in the laboratory, harvest is not contributing to a decline coral reefs are under immediate and behavioral responses of larval fish can in total numbers within Florida. In direct threat from one or more local be affected by elevated carbon dioxide summary, we find the petition and sources,’’ and that ‘‘[of] local pressures levels. information in our files do not present on coral reefs, overfishing—including The petition states ‘‘research on the substantial scientific or commercial destructive fishing—is the most effects of ocean acidification on six information to suggest that listing pervasive immediate threat, affecting species of larval damselfish found that yellowtail damselfish as threatened or more than 55 percent of the world’s elevated carbon dioxide levels expected endangered may be warranted due to reefs.’’ The petition states ‘‘this high within this century impair damselfish emcdonald on DSK67QTVN1PROD with NOTICES overutilization for commercial, level of threat clearly indicates that smell, vision, learning, behavior, and recreational, educational, or scientific existing regulatory mechanisms are brain function, leading to a higher risk purposes. inadequate to protect the coral reefs on of mortality.’’ Results from two of these which the petitioned Pomacentrids six damselfish are from Munday et al. Inadequacy of Existing Regulatory depend.’’ However, the petition fails to (2010) who found that ‘‘700 ppm carbon Mechanisms discuss how yellowtail damselfish may dioxide is close to the threshold at The petition states the regulatory be susceptible to this generalized threat which adaptation of behavioral mechanisms addressing greenhouse gas to coral reefs. responses might be possible in reef VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

8626 Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices fishes, provided that the variation in results by Ferrari et al. (2011) were uptake was exhausted at 33 °C for the sensitivity to elevated carbon dioxide described by the petitioner as two cardinalfish species tested. One we observed between individuals at this highlighting how individual effects from damselfish species’ oxygen uptake was concentration has a genetic basis. The elevated carbon dioxide are highly reduced from 142% at 29 °C to 81% at olfactory capacity of approximately one- uncertain and constitute an extinction 31 °C while another species’ uptake half of the larvae was unaffected by risk for the petitioned species. However, went from 300% at 29 °C to 178% at 33 exposure to 700 ppm carbon dioxide, merely identifying factors that could °C. These results indicate that and these individuals exhibited less negatively impact a species does not damselfish are thermally tolerant and as risky behavior in the field (remained constitute substantial information that Nilsson et al. (2009) state, ‘‘populations closer to shelter) compared with listing may be warranted. Because of thermally tolerant species are likely affected individuals.’’ The effect on Ferrari et al. (2011) found ‘‘marked to persist at higher temperatures, but olfactory capacity appears to be an intraspecific variation,’’ we interpret populations of thermally sensitive individual response and not necessarily these results to demonstrate variability species could decline on low-latitude a population response. A variable in physiological responses within the reefs if individual performance falls individual response does not constitute functional group examined (functional below levels needed to sustain viable a risk to the entire population and groups were defined by their carbon populations. therefore, there is not sufficient dioxide tolerance). Further, Ferrari et al. The petition cites several other evidence of extinction risk to yellowtail (2011) found predation rates and prey sources, primarily Johansen and Jones damselfish posed by elevated carbon selectivity were impacted by exposure (2011), which found increasing dioxide impacts on olfactory capacity. to elevated levels of dissolved carbon temperatures have negative effects on dioxide, but the outcome of the the aerobic capacity and swimming Results from the other four of these interaction was dependent on the size of performance of some damselfish, though six damselfish species are from Ferrari juvenile prey, not on the species. the species tested did not include the et al. (2011), where the effects of carbon Additionally, Ferrari et al. (2011) yellowtail damselfish or any of its dioxide exposure on the antipredator concluded that if the negative effects of congeners. These studies also revealed responses of four sympatric species who carbon dioxide were balanced between inter-specific differences in the response share the same ecology and life history prey and predators, we would not to elevated temperature and discussed was tested; all four are congeners in a expect any change in overall mortality how acclimation, developmental different genus than yellowtail plasticity, and adaptation can alleviate damselfish and all are found in the rate. These data do not provide reliable information for conclusions about the temperature-related physiological Pacific Ocean. The four damselfish in impacts. All but one of these studies the Ferrari et al. (2011) study were response of the yellowtail damselfish, much less a population-level response were single generation studies and did specifically selected to compare similar not evaluate trans-generational species response to carbon dioxide in that might occur if the carbon dioxide levels tested are eventually reached. plasticity for any species to determine if order to predict ecological impacts on the species are able to adapt or marine communities. The Finally, Ferrari et al. (2011) note that their experimental results may represent acclimate to new environmental concentrations of carbon dioxide tested conditions over time. In fact, the one ranged from those similar to recent a worst case scenario in that it assumes absence of adaptation. We do not have study that did (Donelson et al., 2011) atmospheric concentrations (390 ppm) found that ‘‘complete compensation in to those representing highly elevated information in our files, and we are not aerobic scope occurred when both (700 and 850 ppm) atmospheric levels. aware of any literature, indicating parents and offspring were reared This was accomplished by placing increased carbon dioxide levels have throughout their lives at elevated juveniles collected in traps into 35 L reduced fitness of any western Atlantic temperature. Such acclimation could rearing aquariums that were either damselfish, or that increased levels may reduce the impact of warming aerated with 390 ppm (current-day pose an extinction risk that is cause for temperatures and allow populations to control), 728 ± 88, or 1008 ± 78 ppm concern for yellowtail damselfish. persist across their current range. This (mean ± SD) carbon dioxide enriched air The petition also states that elevated study reveals the importance of trans- (Munday et al., 2009; Dixson et al., sea surface temperatures ‘‘can influence generational (across generations) 2010) creating environments with 700 the physiological condition, acclimation as a mechanism for coping and 850 ppm CO2 (see Munday et al. developmental rate, growth rate, early with rapid climate change and (2010) for more details). While Ferrari et life history traits, and reproductive highlights that single generation studies al. (2011) predicted the difference in performance of coral reef fishes, all of risk underestimating the potential of behavioral response in the lab would which can affect their population species to cope.’’ The petition does not translate into differential survival in the dynamics, community structure, and provide any information about the field, the ‘‘four congeneric species geographical distributions,’’ citing aerobic scope of yellowtail damselfish, showed striking and unexpected Nilsson et al. (2009). We reviewed nor do we have any information in our variation in CO2 tolerance.’’ The Nilsson et al. (2009) and found the files. Therefore, we do not believe antipredator responses were reduced at results show physiological responses to Nilsson et al. (2009), Donelson et al. the 700 ppm level, but did not changes in water temperature. Nilsson (2011), and Johansen and Jones (2011), disappear, while at the 850 ppm level, et al. (2009) examined the capacity of are reliable sources for the premise that three out of four species did not show five species of marine fish to perform elevated sea temperatures will affect the emcdonald on DSK67QTVN1PROD with NOTICES an adaptive antipredator response, and aerobically (aerobic scope). They found physiological response of yellowtail the fourth maintained an antipredator that all five species exhibited a decline damselfish to the extent it poses an response similar to the response level of in aerobic capacity at elevated water extinction risk of concern to the species. the 700 ppm exposure. Additionally, all temperatures (31, 32, or 33 °C) Results from a study by Munday et al. fish displayed antipredator responses to compared to the control (29 °C); the (2008) are also included in the petition odors from injured conspecifics, which three damselfish species tested retained to indicate how larval growth rates and is considered a reliable cue of general over half their aerobic scope at 33 °C, recruitment of some reef fishes can predation risk (Ferrari et al., 2010). The while all capacity for additional oxygen increase with warmer water. Munday et VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1

Federal Register / Vol. 80, No. 32 / Wednesday, February 18, 2015 / Notices 8627 al. (2008) documented high variability Finding sending a written request to: 55 Great in response at both the individual and After reviewing the information Republic Drive, Gloucester, MA 01930, species level. Many coral reef fishes contained in the petition, as well as Attn: Brett Alger. have geographical ranges spanning a information readily available in our FOR FURTHER INFORMATION CONTACT: wide temperature gradient and some files, we conclude the petition does not Brett Alger, Fishery Management have short generation times. These present substantial scientific or Specialist, (978) 675–2153, fax (978) characteristics are conducive to commercial information indicating that 281–9135, email Brett.Alger@ acclimation or local adaptation to listing the yellowtail damselfish as NOAA.gov. climate change and provide potential for either an endangered species or as a SUPPLEMENTARY INFORMATION: more resilient species to persist threatened species may be warranted. Amendment 16 (75 FR 18262; April 9, (Munday et al., 2008). Thus, we conclude the petition did References Cited 2010) to the Northeast Multispecies not explain, nor do we have information Fishery Management Plan (FMP) A complete list of all references is expanded the sector management in our files explaining, how available on our Web site: http:// program, including requirements to physiological effects of elevated carbon sero.nmfs.noaa.gov/protected_ ensure accurate monitoring of sector at- dioxide or elevated temperature would resources/listing_petitions/species_esa_ sea catch and dockside landings, and have negative effects on yellowtail consideration/index.html . common pool dockside landings. damselfish. As we have noted, many of the references presented by the petition Authority Framework Adjustment 48 to the FMP show highly variable physiological (Framework 48, 78 FR 26118, May 3, The authority for this action is the 2013) revised the goals and objectives responses by individuals and species to Endangered Species Act of 1973, as various stimuli (elevated carbon dioxide for sector monitoring programs. amended (16 U.S.C. 1531 et seq.). or increased temperatures) and no Standards for Approving At-Sea reliable inference to yellowtail Dated: February 11, 2015. Monitoring Service Providers damselfish population responses can be Samuel D. Rauch, III, drawn. We conclude the petition does Deputy Assistant Administrator for Regulations at 50 CFR 648.87(b)(4) not provide reliable support for the Regulatory Programs, National Marine describe the criteria for NMFS approval premise that the effects of ocean Fisheries Service. of at-sea monitoring service providers. warming or ocean acidification may be [FR Doc. 2015–03326 Filed 2–17–15; 8:45 am] NMFS is approving service providers for posing extinction risk that is cause for BILLING CODE 3510–22–P fishing year 2015 (beginning May 1, concern for yellowtail damselfish. 2015) based on: (1) Completeness of In summary, we conclude the applications, (2) determination of the petitions’ characterization of ocean DEPARTMENT OF COMMERCE applicant’s ability to perform the duties acidification and ocean warming as and responsibilities of a sector posing negative fitness consequences to National Oceanic and Atmospheric monitoring service provider, and (3) be broad statements of generalized Administration performance as NMFS-funded providers threats and do not indicate that ocean RIN 0648–XD710 in fishing year 2014. NE multispecies acidification and ocean warming sectors are required to design and directly threaten the survival or pose Magnuson-Stevens Act Provisions; implement independent, third-party at- extinction risk that is cause for concern Fisheries of the Northeastern United sea monitoring programs in fishing year to the yellowtail damselfish. Therefore, States; Northeast Multispecies 2015, and are responsible for the costs we conclude the petition does not Fishery; Approved Monitoring Service of these monitoring requirements, present substantial scientific or Providers unless otherwise instructed by NMFS. commercial information indicating the For fishing year 2014, NMFS petitioned action may be warranted due AGENCY: National Marine Fisheries approved A.I.S., Inc.; East West to other natural or manmade factors. Service (NMFS), National Oceanic and Technical Services, LLC; MRAG Atmospheric Administration (NOAA), Americas, Inc.; Fathom Research, LLC; Synergistic threats Commerce. and ACD USA Ltd. as service providers Additionally, we do not find that the ACTION: Notice, approved monitoring based on the completeness of their combination of proposed threats to service providers. application, addressing the regulatory yellowtail damselfish poses extinction requirements (§ 648.87(b)(4)(i)), risk that is cause for concern for SUMMARY: NMFS has approved five determination of ability, and yellowtail damselfish. The proposed companies to provide at-sea monitoring performance during previous fishing threat from loss of habitat or habitat services to Northeast multispecies years. Once approved, providers must degradation is overstated because not all vessels in fishing year 2015. Regulations document having met performance coral species are highly vulnerable to implementing Amendment 16 to the requirements in order to maintain the threats associated with global Northeast Multispecies Fishery eligibility (§ 648.87(b)(4)(ii)). NMFS can climate change, some coral species will Management Plan require third-party at- disapprove any previously approved survive, and yellowtail damselfish are sea monitoring service providers to service provider during the fishing year capable of habitat adaptations in apply to, and be approved by, NMFS in if the service provider in question response to changes in composition of a manner consistent with the ceases to meet the performance emcdonald on DSK67QTVN1PROD with NOTICES coral species on reefs; harvest of the Administrative Procedure Act in order standards. NMFS must notify service species is minimal; and physiological to be eligible to provide at-sea providers of disapproval in writing. responses to increased carbon dioxide monitoring services to sectors. levels and sea temperature vary widely. ADDRESSES: Copies of the list of NMFS- Approved Monitoring Service Providers Therefore, we do not believe these approved sector monitoring service NMFS received complete applications proposed threats act synergistically on providers are available at http:// from five companies interested in yellowtail damselfish to pose extinction www.greateratlantic.fisheries.noaa.gov/ providing at-sea monitoring services in risk that is cause for concern. sustainable/species/multispecies/ or by fishing year 2015; these were the same VerDate Sep<11>2014 19:32 Feb 17, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\18FEN1.SGM 18FEN1


Document Created: 2018-02-16 11:10:57
Document Modified: 2018-02-16 11:10:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of 90-day petition finding.
ContactJason Rueter, NMFS Southeast Region, 727-824-5312.
FR Citation80 FR 8619 
RIN Number0648-XC56
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