83_FR_47775 83 FR 47592 - Endangered and Threatened Wildlife; Positive 90-Day Finding on a Petition To List the Cauliflower Coral, Pocillopora Meandrina,

83 FR 47592 - Endangered and Threatened Wildlife; Positive 90-Day Finding on a Petition To List the Cauliflower Coral, Pocillopora Meandrina,

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 183 (September 20, 2018)

Page Range47592-47598
FR Document2018-20512

We, NMFS, announce a 90-day finding on a petition to list the cauliflower coral (Pocillopora meandrina) in Hawaii as an endangered or threatened species under the Endangered Species Act (ESA). The petition requested that the Hawaii population of P. meandrina be considered a significant portion of the range of the species, and that the species be listed because of its status in Hawaii. Our policy on the interpretation of the phrase ``Significant Portion of Its Range'' (SPR) under the ESA states that, before undergoing an SPR analysis, we must first find that the species is neither endangered nor threatened throughout all of its range. Therefore, we interpret the petition as a request to consider the status of P. meandrina throughout its range first. We find that the petition and other readily available information in our files indicates that P. meandrina may warrant listing as a threatened species or an endangered species throughout its range. Thus, we will initiate a global status review of P. meandrina to determine whether listing it throughout its range is warranted. If not, we will determine if Hawaii constitutes an SPR, and proceed accordingly. To ensure that the status review is comprehensive, we are soliciting scientific and commercial information pertaining to P. meandrina from any interested party.

Federal Register, Volume 83 Issue 183 (Thursday, September 20, 2018)
[Federal Register Volume 83, Number 183 (Thursday, September 20, 2018)]
[Proposed Rules]
[Pages 47592-47598]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20512]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 180503449-8782-01]
RIN 0648-XG232


Endangered and Threatened Wildlife; Positive 90-Day Finding on a 
Petition To List the Cauliflower Coral, Pocillopora Meandrina, in 
Hawaii as Endangered or Threatened Under the Endangered Species Act

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

ACTION: 90-day petition finding, request for information, and 
initiation of status review.

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SUMMARY: We, NMFS, announce a 90-day finding on a petition to list the 
cauliflower coral (Pocillopora meandrina) in Hawaii as an endangered or 
threatened species under the Endangered Species Act (ESA). The petition 
requested that the Hawaii population of P. meandrina be considered a 
significant portion of the range of the species, and that the species 
be listed because of its status in Hawaii. Our policy on the 
interpretation of the phrase ``Significant Portion of Its Range'' (SPR) 
under the ESA states that, before undergoing an SPR analysis, we must 
first find that the species is neither endangered nor threatened 
throughout all of its range. Therefore, we interpret the petition as a 
request to consider the status of P. meandrina throughout its range 
first. We find that the petition and other readily available 
information in our files indicates that P. meandrina may warrant 
listing as a threatened species or an endangered species throughout its 
range. Thus, we will initiate a global status review of P. meandrina to 
determine whether listing it throughout its range is warranted. If not, 
we will determine if Hawaii constitutes an SPR, and proceed 
accordingly. To ensure that the status review is comprehensive, we are 
soliciting scientific and commercial information pertaining to P. 
meandrina from any interested party.

DATES: Information and comments on the subject action must be received 
by November 19, 2018.

ADDRESSES: You may submit comments, information, or data on this 
document, identified by the code NOAA-NMFS-2018-0060, by either of the 
following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0060. Click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to Lance Smith, NOAA IRC, 
NMFS/PIRO/PRD, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the petition and related materials are available on our 
website at http://www.fisheries.noaa.gov/species/Pocillopora-meandrina.

FOR FURTHER INFORMATION CONTACT: Lance Smith, NMFS, Pacific Islands 
Regional Office, Protected Resources Division, (808) 725-5131; or 
Chelsey Young, NMFS, Office of Protected Resources, 301-427-8403.

SUPPLEMENTARY INFORMATION:

Background

    On March 14, 2018, we received a petition from the Center for 
Biological Diversity to list the cauliflower coral (Pocillopora 
meandrina) in Hawaii as an endangered or threatened species under the 
ESA. The petition asserts that P. meandrina in Hawaii is threatened by 
at least four of the five ESA section 4(a)(1) factors: (1) Pesent 
modification of its habitat; (2) disease and predation; (3) inadequacy 
of existing regulatory mechanisms: and (4) other natural or manmade 
factors, specifically ocean warming and ocean acidification resulting 
from global climate change. Copies of the petition are available upon 
request (see ADDRESSES).

ESA Statutory, Regulatory, and Policy Provisions and Evaluation 
Framework

    Section 4(b)(3)(A) of the ESA of 1973, as amended (16 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

[[Page 47593]]

of Commerce make a finding on whether that petition presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted, and promptly publish such finding 
in the Federal Register (16 U.S.C. 1533(b)(3)(A)). When it is found 
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 commence a comprehensive review of the 
status of the species concerned using the best available scientific and 
commercial information, which we will conclude with a finding as to 
whether, in fact, the petitioned action is warranted. This finding is 
due 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, compared to the narrow scope of review at the 90-day 
stage, a ``may be warranted'' 90-day finding does not prejudge the 
outcome of the 12-month finding.
    ESA-implementing regulations issued jointly by NMFS and USFWS (50 
CFR 424.14(h)(1)(i)) define ``substantial scientific or commercial 
information'' in the context of reviewing a petition to list, delist, 
or reclassify a species as credible scientific or commercial 
information in support of the petition's claims such that a reasonable 
person conducting an impartial scientific review would conclude that 
the action proposed in the petition may be warranted. Conclusions drawn 
in the petition without the support of credible scientific or 
commercial information will not be considered ``substantial 
information.'' In evaluating whether substantial information is 
contained in the petition, we 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)).
    Under the ESA, a listing determination addresses the status of 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)). Because P. meandrina is 
an invertebrate, it cannot qualify as a DPS. Under the ESA, a species 
is ``endangered'' if it is in danger of extinction throughout all or a 
significant portion of its range, or ``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)). The petition requests that 
the Hawaii portion of the species' range be considered a significant 
portion of its range, thus the petition focuses primarily on the status 
of P. meandrina in Hawaii. However, the petition also requests that P. 
meandrina be listed throughout its range, and provides some information 
on its status and threats outside of Hawaii. Our policy on the 
interpretation of the phrase ``significant portion of its range'' (SPR) 
under the ESA (79 FR 37577, July 1, 2014) states that, before 
undergoing an analysis of SPR, we must first find that the species is 
neither endangered nor threatened throughout all of its range. 
Therefore, we interpret the petition as a request to consider the 
status of P. meandrina throughout its range first; and if appropriate, 
subsequently consider whether P. meandrina in Hawaii constitutes an SPR 
and the status of that SPR.
    At the 90-day finding stage, we evaluate the petitioners' 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 are not 
required to consider any supporting materials cited by the petitioner 
if the petitioner does not provide electronic or hard copies, to the 
extent permitted by U.S. copyright law, or appropriate excerpts or 
quotations from those materials (e.g., publications, maps, reports, and 
letters from authorities). We will accept the petitioners' 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 
petitioners' 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. See 50 CFR 424.14 for regulations on petitions under 
the ESA.
    Our determination as to whether the petition provides substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted depends in part on the degree to which the 
petition includes the following types of information: (1) Information 
on current population status and trends and estimates of current 
population sizes and distributions, both in captivity and the wild, if 
available; (2) identification of the factors under section 4(a)(1) of 
the ESA that may affect the species and where these factors are acting 
upon the species; (3) whether and to what extent any or all of the 
factors alone or in combination identified in section 4(a)(1) of the 
ESA may cause the species to be an endangered species or threatened 
species (i.e., the species is currently in danger of extinction or is 
likely to become so within the foreseeable future), and, if so, how 
high in magnitude and how imminent the threats to the species and its 
habitat are; (4) information on adequacy of regulatory protections and 
effectiveness of conservation activities by States as well as other 
parties, that have been initiated or that are ongoing, that may protect 
the species or its habitat; and (5) a complete, balanced representation 
of the relevant facts, including information that may contradict claims 
in the petition. See 50 CFR 424.14(d).
    The factors under section 4(a)(1) of the ESA that may affect the 
species are as follows: (1) The present or threatened destruction, 
modification, or curtailment of habitat or range; (2) overutilization 
for commercial, recreational, scientific, or educational purposes; (3) 
disease or predation; (4) inadequacy of existing regulatory mechanisms 
to address identified threats; rand (5) any other natural or manmade 
factors affecting the species' existence (16 U.S.C. 1533(a)(1), 50 CFR 
424.11(c)). Information presented on these factors should be specific 
to the species and should reasonably suggest that one or more of these 
factors may be operative threats that act or have acted on the species 
to the point that it may

[[Page 47594]]

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 
indicating 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.

Taxonomy of the Petitioned P. meandrina

    As described in the final rule to list 20 species of coral under 
the ESA (79 FR 53851; September 10, 2014), the morphology-based 
taxonomy of the genus Pocillopora, including P. meandrina, has been 
called into question by several recent genetics papers. A range-wide 
phylogeographic survey that included most currently recognized 
pocilloporid species found that reliance on colony morphology is 
broadly unreliable for species identification, and that several genetic 
groups have highly limited geographic distributions. The study 
concluded that ``a taxonomic revision informed foremost by genetic 
evidence is needed for the entire genus'' (Pinzo 301;n et al., 2013). 
Similarly, a phylogeographic survey of several currently recognized 
pocilloporid species representing a range of atypical morphologies 
thought to be rare or endemic to remote locations throughout the Indo-
Pacific found that (1) the current taxonomy of Pocillopora based on 
colony morphology shows little correspondence with genetic groups; (2) 
colony morphology is far more variable than previously thought; and (3) 
there are numerous cryptic lineages (i.e., two or more distinct 
lineages that are classified as one due to morphological similarities). 
The study concluded that ``the genus Pocillopora is in need of 
taxonomic revision using a combination of genetic, microscopic 
characters, and reproductive data to accurately delineate species'' 
(Marti-Puig et al., 2014). Likewise, a more limited study of several 
currently recognized pocilloporid species in Moorea, French Polynesia 
found that genetic groups do not correspond to colony morphology, and 
exhibit a wide range of morphological variation (Forsman et al., 2013).
    These studies demonstrate that colony morphology in pocilloporids 
is a poor indicator of taxonomic relationships for the following 
reasons: (1) Morphologically similar colonies may not be the same 
species (i.e., colonies of different species appear similar because of 
similar environmental conditions or other reasons); and (2) 
morphologically different colonies may be the same species (i.e., 
colonies of the same species appear different because of different 
environmental conditions or other reasons). Because of the taxonomic 
uncertainty for the genus Pocillopora, we concluded in the final 
listing rule that no final listing decision could be made for the two 
Pocillopora species that had been proposed for listing in 2012 (P. 
elegans, P. danae; 79 FR 53851; September 10, 2014).
    Other recent papers on genetic or morphological aspects of 
Pocillopora taxonomy that were in our files when we received the 
petition (Johnston et al., 2017; Johnston et al., 2018; Pas-Garcia et 
al., 2015; Schmidt-Roach et al., 2014) indicate that gross 
morphological plasticity is characteristic of Pocillopora species, thus 
morphological data should be supplemented with genetic data for 
accurate identification of species (Johnston et al., 2017). A combined 
genetics and morphology study of several Pocillopora species, including 
P. meandrina, did not propose any taxonomic changes to P. meandrina. 
The study found that, in contrast to morphological similarities, P. 
verrucosa and P. meandrina are very distinct genetically, and P. 
meandrina is much more closely related to P.eydouxi than to P. 
verrucosa genetically (Schmidt-Roach et al., 2014). The morphological 
plasticity of Pocillopora species was shown by a study of P. damicornis 
and P. inflata at a site in the southern Gulf of California that 
coincided with a shift to a higher frequency of storms and lower water 
turbidity. Over the 44-month period of the study, 23 percent of the P. 
damicornis colonies changed shape to P. inflata morphology, providing 
an in situ demonstration of the influence of temporal shifts in 
environmental conditions on morphologically plastic responses (Pas-
Garcia et al., 2015). A genomic study found that Pocillopora species 
are genetically distinct from one another, and that there is a lack of 
introgressive hybridization between species. Some of these authors went 
on to develop a genetic technique for identification of Hawaiian 
Pocillopora species, and found that morphology-based identifications 
often led to P. ligulata being mistaken for P. meandrina (Johnston et 
al., 2018).
    Despite doubt raised by traditional morphology-based taxonomy, 
other readily available information in our files presents substantial 
scientific or commercial information indicating that P. meandrina may 
constitute a valid species for the following reasons: (1) The recent 
taxonomic revision to some Pocillopora species did not propose any 
changes to P. meandrina (Schmidt-Roach et al., 2014); (2) other recent 
papers have found that Pocillopora species, including P. meandrina, are 
genetically distinct from one another (Johnston et al., 2017, 2018), 
and; (3) the growing genetic information on P. meandrina could lead to 
the description of sub-species rather than new species, but sub-species 
are treated as species under the ESA. Therefore, P. meandrina may be a 
type of entity that is eligible for listing under the ESA.

Habitat, Range, and Life History

    Pocillopora meandrina occurs on shallow reefs and amongst coral 
communities on rocky reefs at depths of 1 to 27m, and is common in 
high-energy reef front environments (shallow forereef) throughout its 
range (Fenner, 2005; Hoeksma et al., 2014; Veron, 2000). In Hawaii and 
the eastern Pacific, P. meandrina is often the dominant species in 
shallow forereef coral communities (Fenner, 2005; Glynn, 2001). It is 
found on most coral reefs of the Indo-Pacific and eastern Pacific, with 
its range encompassing over 180[deg] longitude from the western Indian 
Ocean to the eastern Pacific Ocean, and approximately 60[deg] latitude 
from the northern Ryukyu Islands to central western Australia in the 
western Pacific, and the Gulf of California to Easter Island in the 
eastern Pacific (Corals of the World website http://www.coralsoftheworld.org/).
    Pocillopora meandrina has a branching colony morphology, is a 
broadcast spawner, and has rapid skeletal growth, allowing it to 
recruit quickly to available substrate and successfully compete for 
space (Darling et al, 2012). High recruitment rates, rapid skeletal 
growth, and successful competition are well documented for P. meandrina 
in Hawaii (e.g., Brown, 2004; Grigg and Maragos, 1974) and the eastern 
Pacific (e.g., Jime[eacute]nez and Corte[eacute]s, 2003).
    While such competitive reef coral species typically dominate ideal 
environments, they also have higher susceptibility to threats such as 
elevated seawater temperatures than reef coral species with generalist, 
weedy, or stress-tolerant life histories (Darling et al., 2012). For 
example, P. meandrina was among the most affected reef coral species in 
the 2014 and 2015 mass bleaching events in Hawaii (Kramer et al., 2016; 
Rodgers et al., 2017). That said, the life history characteristics of 
P. meandrina provide some buffering against threats such as warming-
induced bleaching by allowing for rapid

[[Page 47595]]

recovery from die-offs. For example, in 2016, P. meandrina populations 
in the main Hawaiian Islands were already showing signs of recovery 
from the 2014 and 2015 bleaching mortality (PIFSC, unpublished data).
    The species has several other characteristics that may also provide 
buffering against some threats, including the capacity for 
acclimatization and adaptation to changing conditions, the potential 
for range expansion as previously unsuitable habitat becomes suitable, 
and a broad range that encompasses extensive habitat heterogeneity. The 
bleaching and mortality of some colonies of a coral species on a reef, 
followed by the recovery of hardier colonies, is the process by which 
acclimatization and adaptation of a species to ocean warming occurs, 
and has been documented in some Pocillopora species (e.g., 
Rodr[iacute]guez-Troncoso, et al., 2010; Coles et al., 2018). As 
conditions change in response to ocean warming, some areas that were 
previously too cold for reef corals may become suitable, potentially 
allowing range expansion of certain species into these areas (Yamano et 
al., 2011; Yara et al., 2011). Finally, habitat conditions are highly 
heterogeneous across the ranges of broadly-distributed reef corals such 
as P. meandrina, creating a patchwork of conditions that may 
potentially provide refugia to threats (Fine et al., 2013; McClanahan 
et al., 2011).

Abundance and Population Trends

    Although there is little species-specific, range-wide data on P. 
meandrina's abundance and population trends, there are some data 
available on the species' abundance and population trends in the main 
Hawaiian Islands portion of the Hawaiian archipelago, which indicate a 
significant decrease in coral cover over a recent 14-year period, 
followed by severe bleaching events. The Hawaii Coral Reef Assessment 
and Monitoring Program (CRAMP) monitors species-level live coral cover 
at 60 permanent stations throughout the main Hawaiian Islands. From 
1999 to 2012, P. meandrina decreased in live coral cover by 36.1 
percent for all stations combined (Rodgers et al., 2015). Subsequently, 
P. meandrina was severely impacted in parts of the Hawaiian archipelago 
due to back-to-back warming-induced bleaching events in 2014 and 2015. 
Surveys of the impacts of these bleaching events on P. meandrina in the 
northwestern and main Hawaiian Islands show high levels of bleaching 
and post-bleaching mortality in some locations (Couch et al., 2017; 
Kramer et al., 2016; Rodgers et al., 2017; see ``Other Natural or 
Manmade Factors--Ocean Warming'' section below). While there are 
currently no estimates available of the total abundance or overall 
population trends for P. meandrina in the main Hawaiian Islands, the 
above information strongly indicates that the species has been in 
decline in this area, and that the decline was accelerated by the back-
to-back mass bleaching events of 2014 and 2015.
    It is likely that P. meandrina has declined in abundance across 
most, if not all, of its range, over the past 50 to 100 years, and that 
the decline has recently accelerated. For most of the world's reef 
corals, Carpenter et al. (2008; Supplementary Information) extrapolated 
species abundance trend estimates from total live coral cover trends 
(i.e., all reef coral species combined) and habitat types. For P. 
meandrina, the overall decline in abundance was estimated at 22 percent 
over the 30-year period up to 2006 (``Percent Population Reduction''), 
and 10 percent over the 30 year period up to the 1998 bleaching event 
(``Back-cast Percent Population Reduction''). However, total live coral 
cover trends are highly variable both spatially and temporally, thus 
data from the same location and time period can be interpreted 
differently (Bellwood et al., 2004; Sweatman et al., 2011), and species 
trends do not necessarily correlate with overall live coral cover 
trends. Thus, quantitative inferences of species-specific trends from 
total live coral cover trends should be interpreted with caution. At 
the same time, an extensive body of literature documents global 
declines in live coral cover, accompanied by shifts to coral reef 
communities dominated by hardier coral species or algae over the past 
50 to 100 years (e.g., Birkeland, 2004; Brainard et al., 2011; Pandolfi 
et al., 2003; Sale and Szmant, 2012; Veron et al., 2009). Recently, 
these changes have accelerated in response to an unprecedented series 
of mass bleaching events across the majority of the world's coral reefs 
(Hoegh-Guldberg et al., 2017; Hughes 2018a, 2018b; Lough et al., 2018), 
90 percent of which are in the Indo-Pacific. Given that P. meandrina 
occurs in many areas affected by these broad changes, and it is 
susceptible to both global and local threats, the species likely 
declined in abundance over the past 50 to 100 years across most, if not 
all, of its range, and that the decline has recently accelerated; but, 
a precise quantification is not possible based on the limited species-
specific information.

Analysis of ESA Section 4(a)(1) Factors

    Although the petition presents information on at least four of the 
five ESA factors in section 4(a)(1) of the ESA (e.g., present 
modification of its habitat; disease and predation; inadequacy of 
regulatory mechanisms; and other natural or manmade factors), the 
information presented in the petition, together with other readily 
available information in our files, regarding ocean warming (Factor E) 
is substantial enough to make a determination that a reasonable person 
conducting an impartial scientific review could conclude that this 
species may warrant listing as endangered or threatened based on this 
factor alone. As such, we focus our discussion below on ocean warming 
and subsequent warming-induced coral bleaching and mortality, and 
present our evaluation of the information regarding this factor alone 
and its impact on the extinction risk of the species. However, we note 
that in the status review for this species, we will evaluate all ESA 
section 4(a)(1) factors to determine whether any one or a combination 
of these factors are causing declines in the species or likely to 
substantially negatively affect the species such that that P. meandrina 
is either presently at risk of extinction or likely to become so in the 
foreseeable future.

Other Natural or Manmade Factors--Ocean Warming

    Information presented in the petition and other readily available 
information in our files indicate that the most important threat to P. 
meandrina across its range currently and in the future, and to the 
Indo-Pacific reef coral communities of which P. meandrina is a part, is 
ocean warming and subsequent warming-induced coral bleaching and 
mortality. Based on this information, we provide summaries of the (1) 
observed ocean warming to date; (2) projected ocean warming; (3) 
observed effects of warming-induced mass bleaching on Indo-Pacific reef 
coral communities and P. meandrina to date; and (4) projected effects 
of warming-induced mass bleaching on Indo-Pacific reef coral 
communities and P. meandrina.
    (1) Observed Ocean Warming. As described in the 2014 final rule 
listing 20 reef coral species as threatened (79 FR 53851; September 10, 
2014), we considered the International Panel on Climate Change's (IPCC) 
Fifth Assessment Report (AR5) ``Climate Change 2013: The Physical 
Science Basis'' (IPCC, 2013) to be the best available information on 
the physical basis of ocean warming as well as future

[[Page 47596]]

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

[[Page 47597]]

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

[[Page 47598]]

and found that RCP2.6 would result in approximately the same amount of 
additional warming and bleaching by 2100 that has occurred over the 
last century, and that implementation of the Paris Agreement (i.e., 
RCP4.5) would lead to severe consequences for coral reefs (Hughes et 
al., 2017b), despite the fact that RCP6.0 and RCP8.5 would be even 
worse. Another analysis regarding responses of coral reefs if global 
warming is limited to 1.5[deg]C, 2.0[deg]C, or 3[deg]C (roughly 
equivalent to RCP4.5, RCP6.0, and RCP8.5) found that estimated levels 
of thermal stress would be approximately seven, 11, and 23 times, 
respectively, the level of thermal stress that these reefs have already 
experienced since 1878, and approximately two, three, and six times the 
level of thermal stress experienced in 2016 (Lough et al., 2018).
    All five analyses considered the impacts of one or both of the 
IPCC's lower emissions pathways (RCP2.6 and RCP4.5), and each analysis 
reached the same conclusion: Even these lower emissions pathways are 
likely to have more severe impacts to reef corals in the future than 
have been observed in recent years (Hoegh-Guldberg et al., 2017; Hughes 
et al., 2017b; Lough et al., 2018; Maynard et al, 2015; van Hooidonk et 
al, 2016), partially because the GHG emissions that have already 
occurred have irreversibly locked in a certain amount of warming due to 
``commitment,'' as described above. Indo-Pacific reef corals would 
likely be even more severely impacted by warming-induced bleaching 
events resulting from ocean warming under the other two pathways in the 
future, especially RCP8.5, as shown by two analyses (Hoegh-Guldberg et 
al., 2017b; van Hooidonk et al, 2016). Although P. meandrina has 
several life history characteristics that may buffer some of the 
effects of ocean warming (refer back to the Habitat, Range, and Life 
History section of this finding), based on the effects of warming-
induced bleaching to date on P. meandrina and its relatively high 
susceptibility to warming, the information in the petition and other 
readily available information in our files suggests this species may be 
severely affected across its range in the future by ocean warming 
projected under RCP8.5.
    Ocean Warming Summary. From the above analysis of ocean warming and 
its effects on P. meandrina and the coral reef community of which P. 
meandrina is a part, we find four key points to be relevant: (1) 
Substantial ocean warming, including in the tropical/subtropical Indo-
Pacific, has already occurred and continues to occur; (2) ocean 
warming, including in the tropical/subtropical Indo-Pacific, is 
projected to continue at an accelerated rate in the future; (3) 
substantial warming-induced mass bleaching of Indo-Pacific reef coral 
communities, including P. meandrina, has already occurred and continues 
to occur; and (4) warming-induced mass bleaching of Indo-Pacific reef 
coral communities, including P. meandrina, is projected to steadily 
increase in frequency, intensity, and magnitude in the future. In 
short, ocean warming is expected to continue to affect P. meandrina 
throughout its range in the future.

Petition Finding

    After reviewing the information presented in the petition and other 
readily available information in our files, we find that listing P. 
meandrina across its range may be warranted based on the threat of 
ocean warming alone. Therefore, in accordance with section 4(b)(3)(B) 
of the ESA and NMFS' implementing regulations (50 CFR 424.14), we will 
commence a status review of this species. During the status review, we 
will determine whether P. meandrina is in danger of extinction 
(endangered) or likely to become so (threatened) throughout all or a 
significant portion of its range. If listing is warranted, we will 
publish a proposed rule and solicit public comments before developing 
and publishing a final rule. If we determine that the species is in 
danger of extinction or likely to become so in the foreseeable future 
throughout all of its range, we will list the species as endangered or 
threatened, and it will be unnecessary to determine if Hawaii 
constitutes a significant portion of the species' range. If P. 
meandrina is not proposed for listing as endangered or threatened 
throughout all of its range, we will then determine if Hawaii 
constitutes a significant portion of the species' range. If so, we will 
determine the status of P. meandrina in Hawaii, and proceed accordingly 
(79 FR 37578; July 1, 2014).

Information Solicited

    To ensure that the status review is based on the best available 
scientific and commercial data, we are soliciting information on 
whether P. meandrina is endangered or threatened. Specifically, we are 
soliciting information in the following areas:
    (1) Historical and current distribution and abundance of P. 
meandrina throughout its range;
    (2) Historical and current condition of P. meandrina and its 
habitat;
    (3) Population density and trends of P. meandrina;
    (4) The effects of climate change, including ocean warming and 
acidification, on the distribution and condition of P. meandrina and 
other organisms in coral reef ecosystems over the short- and long-term;
    (5) The effects of other threats including dredging; coastal 
development; land-based sources of pollution, including coastal point 
source pollution, and agricultural and land use practices; disease, 
predation, the trophic effects of fishing, the aquarium trade, physical 
damage from boats and anchors, marine debris, aquatic invasive species 
on the distribution and abundance of P. meandrina over the short- and 
long- term; and the inadequacy of regulatory mechanisms; and
    (6) Management programs for conservation of P. meandrina, including 
mitigation measures related to any of the threats listed under (5) 
above.
    We request that all information be accompanied by (1) supporting 
documentation such as maps, bibliographic references, or reprints of 
pertinent publications; and (2) the submitter's name, address, and any 
association, institution, or business that the person represents.

References Cited

    A complete list of references upon request from Lance Smith, NOAA 
IRC, NMFS/PIRO/PRD, 1845 Wasp Blvd., Bldg. 176, Honolulu, HI 96818.

Authority

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

    Dated: September 17, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-20512 Filed 9-19-18; 8:45 am]
BILLING CODE 3510-22-P



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

                                                 Avenue SE, Washington, DC 20590,                        DEPARTMENT OF COMMERCE                                   • Electronic Submissions: Submit all
                                                 between 9 a.m. and 5 p.m., ET, Monday                                                                         electronic public comments via the
                                                 through Friday, except Federal holidays.                National Oceanic and Atmospheric                      Federal eRulemaking Portal. Go to
                                                                                                         Administration                                        www.regulations.gov/
                                                 Privacy Act                                                                                                   #!docketDetail;D=NOAA-NMFS-2018-
                                                   Under 5 U.S.C. 553(c), DOT solicits                   50 CFR Parts 223 and 224                              0060. Click the ‘‘Comment Now’’ icon,
                                                 comments from the public to better                      [Docket No. 180503449–8782–01]                        complete the required fields, and enter
                                                 inform its potential rulemaking process.                                                                      or attach your comments.
                                                 DOT posts these comments, without
                                                                                                         RIN 0648–XG232                                           • Mail: Submit written comments to
                                                 edit, including any personal information                                                                      Lance Smith, NOAA IRC, NMFS/PIRO/
                                                                                                         Endangered and Threatened Wildlife;                   PRD, 1845 Wasp Blvd., Bldg. 176,
                                                 the commenter provides, to                              Positive 90-Day Finding on a Petition
                                                 www.regulations.gov, as described in                                                                          Honolulu, HI 96818.
                                                                                                         To List the Cauliflower Coral,                           Instructions: Comments sent by any
                                                 the system of records notice (DOT/ALL–                  Pocillopora Meandrina, in Hawaii as
                                                 14 FDMS), which can be reviewed at                                                                            other method, to any other address or
                                                                                                         Endangered or Threatened Under the                    individual, or received after the end of
                                                 www.dot.gov/privacy.                                    Endangered Species Act                                the comment period, may not be
                                                 Background                                              AGENCY:  National Marine Fisheries                    considered by NMFS. All comments
                                                                                                         Service (NMFS), National Oceanic and                  received are a part of the public record
                                                   The August 23, 2018 ANPRM (83 FR                      Atmospheric Administration (NOAA),                    and will generally be posted for public
                                                 42631) asked for public comment on                      Department of Commerce.                               viewing on www.regulations.gov
                                                 four subject areas: Short haul                                                                                without change. All personal identifying
                                                                                                         ACTION: 90-day petition finding, request
                                                 operations, adverse conditions, the 30-                                                                       information (e.g., name, address, etc.),
                                                                                                         for information, and initiation of status
                                                 minute break, and the split-sleeper berth                                                                     confidential business information, or
                                                                                                         review.
                                                 provision. The ANPRM also sought                                                                              otherwise sensitive information
                                                 public comment on two petitions for                     SUMMARY:     We, NMFS, announce a 90-                 submitted voluntarily by the sender will
                                                 rulemaking from the Owner-Operator                      day finding on a petition to list the                 be publicly accessible. NMFS will
                                                 Independent Drivers Association                         cauliflower coral (Pocillopora                        accept anonymous comments (enter
                                                 (OOIDA) and TruckerNation.                              meandrina) in Hawaii as an endangered                 ‘‘N/A’’ in the required fields if you wish
                                                   FMCSA held a public listening                         or threatened species under the                       to remain anonymous).
                                                 session on August 24, 2018, at the Great                Endangered Species Act (ESA). The                        Copies of the petition and related
                                                 American Truck Show, in Dallas, Texas                   petition requested that the Hawaii                    materials are available on our website at
                                                 (83 FR 42630).                                          population of P. meandrina be                         http://www.fisheries.noaa.gov/species/
                                                                                                         considered a significant portion of the               Pocillopora-meandrina.
                                                 Extension of the Public Comment                         range of the species, and that the species            FOR FURTHER INFORMATION CONTACT:
                                                 Period                                                  be listed because of its status in Hawaii.            Lance Smith, NMFS, Pacific Islands
                                                                                                         Our policy on the interpretation of the               Regional Office, Protected Resources
                                                    The comment period for the ANPRM
                                                                                                         phrase ‘‘Significant Portion of Its                   Division, (808) 725–5131; or Chelsey
                                                 was set to expire on September 24, 2018
                                                                                                         Range’’ (SPR) under the ESA states that,              Young, NMFS, Office of Protected
                                                 (83 FR 42631). FMCSA received several                   before undergoing an SPR analysis, we
                                                 requests to extend the comment period,                                                                        Resources, 301–427–8403.
                                                                                                         must first find that the species is neither
                                                 as noted above. Copies of the requests                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                         endangered nor threatened throughout
                                                 are included in the docket referenced at                all of its range. Therefore, we interpret             Background
                                                 the beginning of this notice.                           the petition as a request to consider the               On March 14, 2018, we received a
                                                    The organizations requested various                  status of P. meandrina throughout its                 petition from the Center for Biological
                                                 lengths of time for the extension ranging               range first. We find that the petition and            Diversity to list the cauliflower coral
                                                 from 30 to 60 days, stating that the                    other readily available information in                (Pocillopora meandrina) in Hawaii as an
                                                 additional time was needed to enable                    our files indicates that P. meandrina                 endangered or threatened species under
                                                 them to prepare more comprehensive                      may warrant listing as a threatened                   the ESA. The petition asserts that P.
                                                 responses based on research and                         species or an endangered species                      meandrina in Hawaii is threatened by at
                                                 information that has only recently been                 throughout its range. Thus, we will                   least four of the five ESA section 4(a)(1)
                                                 released or is expected to be released at               initiate a global status review of P.                 factors: (1) Pesent modification of its
                                                 upcoming industry meetings.                             meandrina to determine whether listing                habitat; (2) disease and predation; (3)
                                                    FMCSA has determined that                            it throughout its range is warranted. If              inadequacy of existing regulatory
                                                 extending the comment period would                      not, we will determine if Hawaii                      mechanisms: and (4) other natural or
                                                 provide the organizations additional                    constitutes an SPR, and proceed                       manmade factors, specifically ocean
                                                 time to prepare more detailed comments                  accordingly. To ensure that the status                warming and ocean acidification
                                                 that are reflective of the concerns of                  review is comprehensive, we are                       resulting from global climate change.
                                                 their members. Accordingly, FMCSA                       soliciting scientific and commercial                  Copies of the petition are available upon
                                                 extends the comment period for all                      information pertaining to P. meandrina                request (see ADDRESSES).
                                                 comments on the ANPRM to October 10,                    from any interested party.
                                                                                                                                                               ESA Statutory, Regulatory, and Policy
tkelley on DSKBCP9HB2PROD with PROPOSALS2




                                                 2018.                                                   DATES: Information and comments on
                                                                                                         the subject action must be received by                Provisions and Evaluation Framework
                                                   Issued under the authority of delegations
                                                                                                         November 19, 2018.                                      Section 4(b)(3)(A) of the ESA of 1973,
                                                 in 49 CFR 1.87: September 14, 2018.
                                                                                                         ADDRESSES: You may submit comments,                   as amended (16 U.S.C. 1531 et seq.),
                                                 Cathy F. Gautreaux,
                                                                                                         information, or data on this document,                requires, to the maximum extent
                                                 Deputy Administrator.                                   identified by the code NOAA–NMFS–                     practicable, that within 90 days of
                                                 [FR Doc. 2018–20430 Filed 9–19–18; 8:45 am]             2018–0060, by either of the following                 receipt of a petition to list a species as
                                                 BILLING CODE 4910–EX–P                                  methods:                                              threatened or endangered, the Secretary


                                            VerDate Sep<11>2014   16:59 Sep 19, 2018   Jkt 244001   PO 00000   Frm 00016   Fmt 4702   Sfmt 4702   E:\FR\FM\20SEP1.SGM   20SEP1


                                                                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules                                           47593

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


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                                                 47594              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules

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


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                                                                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules                                           47595

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


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                                                 47596              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules

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


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                                                                    Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules                                         47597

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


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                                                 47598              Federal Register / Vol. 83, No. 183 / Thursday, September 20, 2018 / Proposed Rules

                                                 and found that RCP2.6 would result in                   Indo-Pacific, is projected to continue at               (4) The effects of climate change,
                                                 approximately the same amount of                        an accelerated rate in the future; (3)                including ocean warming and
                                                 additional warming and bleaching by                     substantial warming-induced mass                      acidification, on the distribution and
                                                 2100 that has occurred over the last                    bleaching of Indo-Pacific reef coral                  condition of P. meandrina and other
                                                 century, and that implementation of the                 communities, including P. meandrina,                  organisms in coral reef ecosystems over
                                                 Paris Agreement (i.e., RCP4.5) would                    has already occurred and continues to                 the short- and long-term;
                                                 lead to severe consequences for coral                   occur; and (4) warming-induced mass                     (5) The effects of other threats
                                                 reefs (Hughes et al., 2017b), despite the               bleaching of Indo-Pacific reef coral                  including dredging; coastal
                                                 fact that RCP6.0 and RCP8.5 would be                    communities, including P. meandrina,                  development; land-based sources of
                                                 even worse. Another analysis regarding                  is projected to steadily increase in                  pollution, including coastal point
                                                 responses of coral reefs if global                      frequency, intensity, and magnitude in                source pollution, and agricultural and
                                                 warming is limited to 1.5°C, 2.0°C, or                  the future. In short, ocean warming is                land use practices; disease, predation,
                                                 3°C (roughly equivalent to RCP4.5,                      expected to continue to affect P.                     the trophic effects of fishing, the
                                                 RCP6.0, and RCP8.5) found that                          meandrina throughout its range in the                 aquarium trade, physical damage from
                                                 estimated levels of thermal stress would                future.                                               boats and anchors, marine debris,
                                                 be approximately seven, 11, and 23                                                                            aquatic invasive species on the
                                                                                                         Petition Finding
                                                 times, respectively, the level of thermal                                                                     distribution and abundance of P.
                                                 stress that these reefs have already                       After reviewing the information                    meandrina over the short- and long-
                                                 experienced since 1878, and                             presented in the petition and other                   term; and the inadequacy of regulatory
                                                 approximately two, three, and six times                 readily available information in our                  mechanisms; and
                                                 the level of thermal stress experienced                 files, we find that listing P. meandrina                (6) Management programs for
                                                 in 2016 (Lough et al., 2018).                           across its range may be warranted based               conservation of P. meandrina, including
                                                    All five analyses considered the                     on the threat of ocean warming alone.                 mitigation measures related to any of
                                                 impacts of one or both of the IPCC’s                    Therefore, in accordance with section                 the threats listed under (5) above.
                                                 lower emissions pathways (RCP2.6 and                    4(b)(3)(B) of the ESA and NMFS’                         We request that all information be
                                                 RCP4.5), and each analysis reached the                  implementing regulations (50 CFR                      accompanied by (1) supporting
                                                 same conclusion: Even these lower                       424.14), we will commence a status                    documentation such as maps,
                                                 emissions pathways are likely to have                   review of this species. During the status             bibliographic references, or reprints of
                                                 more severe impacts to reef corals in the               review, we will determine whether P.                  pertinent publications; and (2) the
                                                 future than have been observed in                       meandrina is in danger of extinction                  submitter’s name, address, and any
                                                 recent years (Hoegh-Guldberg et al.,                    (endangered) or likely to become so                   association, institution, or business that
                                                 2017; Hughes et al., 2017b; Lough et al.,               (threatened) throughout all or a                      the person represents.
                                                 2018; Maynard et al, 2015; van                          significant portion of its range. If listing
                                                 Hooidonk et al, 2016), partially because                is warranted, we will publish a                       References Cited
                                                 the GHG emissions that have already                     proposed rule and solicit public                        A complete list of references upon
                                                 occurred have irreversibly locked in a                  comments before developing and                        request from Lance Smith, NOAA IRC,
                                                 certain amount of warming due to                        publishing a final rule. If we determine              NMFS/PIRO/PRD, 1845 Wasp Blvd.,
                                                 ‘‘commitment,’’ as described above.                     that the species is in danger of                      Bldg. 176, Honolulu, HI 96818.
                                                 Indo-Pacific reef corals would likely be                extinction or likely to become so in the
                                                 even more severely impacted by                          foreseeable future throughout all of its              Authority
                                                 warming-induced bleaching events                        range, we will list the species as                      The authority for this action is the
                                                 resulting from ocean warming under the                  endangered or threatened, and it will be              Endangered Species Act of 1973, as
                                                 other two pathways in the future,                       unnecessary to determine if Hawaii                    amended (16 U.S.C. 1531 et seq.).
                                                 especially RCP8.5, as shown by two                      constitutes a significant portion of the
                                                 analyses (Hoegh-Guldberg et al., 2017b;                                                                         Dated: September 17, 2018.
                                                                                                         species’ range. If P. meandrina is not
                                                 van Hooidonk et al, 2016). Although P.                                                                        Samuel D. Rauch III,
                                                                                                         proposed for listing as endangered or
                                                 meandrina has several life history                      threatened throughout all of its range,               Deputy Assistant Administrator for
                                                 characteristics that may buffer some of                                                                       Regulatory Programs, National Marine
                                                                                                         we will then determine if Hawaii
                                                 the effects of ocean warming (refer back                                                                      Fisheries Service.
                                                                                                         constitutes a significant portion of the
                                                 to the Habitat, Range, and Life History                                                                       [FR Doc. 2018–20512 Filed 9–19–18; 8:45 am]
                                                                                                         species’ range. If so, we will determine
                                                 section of this finding), based on the                  the status of P. meandrina in Hawaii,                 BILLING CODE 3510–22–P
                                                 effects of warming-induced bleaching to                 and proceed accordingly (79 FR 37578;
                                                 date on P. meandrina and its relatively                 July 1, 2014).
                                                 high susceptibility to warming, the                                                                           DEPARTMENT OF COMMERCE
                                                 information in the petition and other                   Information Solicited
                                                                                                                                                               National Oceanic and Atmospheric
                                                 readily available information in our files                To ensure that the status review is
                                                 suggests this species may be severely                                                                         Administration
                                                                                                         based on the best available scientific
                                                 affected across its range in the future by              and commercial data, we are soliciting
                                                 ocean warming projected under RCP8.5.                                                                         50 CFR Part 635
                                                                                                         information on whether P. meandrina is
                                                    Ocean Warming Summary. From the                      endangered or threatened. Specifically,               [Docket No. 180212159–8159–01]
                                                 above analysis of ocean warming and its                 we are soliciting information in the
tkelley on DSKBCP9HB2PROD with PROPOSALS2




                                                                                                                                                               RIN 0648–BH75
                                                 effects on P. meandrina and the coral                   following areas:
                                                 reef community of which P. meandrina                      (1) Historical and current distribution             Atlantic Highly Migratory Species;
                                                 is a part, we find four key points to be                and abundance of P. meandrina                         Shortfin Mako Shark Management
                                                 relevant: (1) Substantial ocean warming,                throughout its range;                                 Measures; Proposed Amendment 11;
                                                 including in the tropical/subtropical                     (2) Historical and current condition of             Comment Period Extension
                                                 Indo-Pacific, has already occurred and                  P. meandrina and its habitat;
                                                 continues to occur; (2) ocean warming,                    (3) Population density and trends of                AGENCY:  National Marine Fisheries
                                                 including in the tropical/subtropical                   P. meandrina;                                         Service (NMFS), National Oceanic and


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Document Created: 2018-09-20 02:08:13
Document Modified: 2018-09-20 02:08:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
Action90-day petition finding, request for information, and initiation of status review.
DatesInformation and comments on the subject action must be received by November 19, 2018.
ContactLance Smith, NMFS, Pacific Islands Regional Office, Protected Resources Division, (808) 725-5131; or Chelsey Young, NMFS, Office of Protected Resources, 301-427-8403.
FR Citation83 FR 47592 
RIN Number0648-XG23
CFR Citation50 CFR 223
50 CFR 224

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