Proposed Rule2021-16220
Receipt of Receipt of a Petition To Issue Protective Regulations for Banggai Cardinalfish Under Endangered Species Act
Primary source
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Published
August 4, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS, announce receipt of a petition to promulgate a rulemaking under the Endangered Species Act (ESA) to provide for the conservation of the Banggai cardinalfish (Pterapogon kauderni). Specifically, the petition requests that we extend the prohibitions of the ESA to this species, including prohibitions on import, export, and all commercial activities for both wild and captive-bred populations. We solicit information and comments that may be relevant to our analysis of protective regulations.
Full Text
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<title>Federal Register, Volume 86 Issue 147 (Wednesday, August 4, 2021)</title>
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[Federal Register Volume 86, Number 147 (Wednesday, August 4, 2021)]
[Proposed Rules]
[Pages 41935-41936]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16220]
[[Page 41935]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[RTID 0648-XB130]
Receipt of Receipt of a Petition To Issue Protective Regulations
for Banggai Cardinalfish Under Endangered Species Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Receipt of petition for rulemaking; request for information.
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SUMMARY: We, NMFS, announce receipt of a petition to promulgate a
rulemaking under the Endangered Species Act (ESA) to provide for the
conservation of the Banggai cardinalfish (Pterapogon kauderni).
Specifically, the petition requests that we extend the prohibitions of
the ESA to this species, including prohibitions on import, export, and
all commercial activities for both wild and captive-bred populations.
We solicit information and comments that may be relevant to our
analysis of protective regulations.
DATES: Written comments and information must be received by October 4,
2021.
ADDRESSES: You may submit information on this document, identified by
NOAA-NMFS-2021-0060, by the following method:
<bullet> Electronic Submission: Submit electronic information via
the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter
NOAA-NMFS-2021-0060. Click on the ``Comment'' icon and complete the
required fields. Enter or attach your comments.
Instructions: Comments sent by any other method or received after
the end of the specified period, may not be considered. All comments
received are a part of the public record and will generally be posted
for public viewing on <a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal
identifying information (e.g., name, address, etc.), confidential
business information, or otherwise sensitive or protected information
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous submissions (enter ``N/A'' in the required fields
if you wish to remain anonymous). Attachments to electronic comments
will be accepted in Microsoft Word, Excel, or Adobe portable electronic
file (PDF) formats only.
The petition and previous rulemaking documents related to the
listing of the species can be obtained electronically on the NMFS
website at: <a href="https://www.fisheries.noaa.gov/species/banggai-cardinalfish#conservation-management">https://www.fisheries.noaa.gov/species/banggai-cardinalfish#conservation-management</a>.
FOR FURTHER INFORMATION CONTACT: Stephania Bolden by phone at (727 551-
5768) or email at <a href="/cdn-cgi/l/email-protection#94c7e0f1e4fcf5fafdf5bad6fbf8f0f1fad4fafbf5f5baf3fbe2"><span class="__cf_email__" data-cfemail="72210617021a131c1b135c301d1e16171c321c1d13135c151d04">[email protected]</span></a>; or Erin Markin by phone at
(301 427-8416) or email at <a href="/cdn-cgi/l/email-protection#88cdfae1e6a6c5e9fae3e1e6c8e6e7e9e9a6efe7fe"><span class="__cf_email__" data-cfemail="eca99e8582c2a18d9e878582ac82838d8dc28b839a">[email protected]</span></a>, NMFS, Office of
Protected Resources.
SUPPLEMENTARY INFORMATION:
Background
Section 4(d) of the ESA provides that, whenever a species is listed
as threatened, the Secretary of Commerce (Secretary) shall issue such
regulations as the Secretary deems necessary and advisable to provide
for the conservation of the species (16 U.S.C. 1533(d)). Under section
4(d), the Secretary may by regulation extend to any threatened species
any or all of the prohibitions in ESA section 9(a)(1), which apply
automatically to fish or wildlife species listed as endangered (16
U.S.C. 1538(a)(1)). Section 9(a)(1) makes it unlawful, with limited
specified exceptions, for any person subject to the jurisdiction of the
United States to: (A) Import any such species into, or export any such
species from the United States; (B) take any such species within the
United States or the territorial sea of the United States; (C) take any
such species upon the high seas; (D) possess, sell, deliver, carry,
transport, or ship, by any means whatsoever, any such species taken in
violation of subparagraphs (B) and (C); (E) deliver, receive, carry,
transport, or ship in interstate or foreign commerce, by any means
whatsoever and in the course of a commercial activity, any such
species; (F) sell or offer for sale in interstate or foreign commerce
any such species; or (G) violate any regulation pertaining to such
species or to any threatened species of fish or wildlife listed
pursuant to section 4 of the ESA and promulgated by the Secretary
pursuant to authority provided by the ESA.
On January 20, 2016, we published a final rule listing Banggai
cardinalfish as threatened under the ESA (81 FR 3023). The final
listing rule provides a summary of our conclusions regarding the
threats to the species, and the 2015 status review summarized the
scientific information that informed the listing decision. These
documents are available on the NMFS website (see ADDRESSES).
On March 29, 2021, we published a notice announcing the initiation
of a 5-year review of the Banggai cardinalfish and requested
information on the species, particularly information on the status,
threats, and recovery of the species that has become available since
its listing (86 FR 16326). On the basis of this review, as required
under section 4(c)(2)(B) of the ESA, we will determine whether the
listing classification for this species remains accurate, or whether
the species should be reclassified (from threatened to endangered) or
delisted (16 U.S.C. 1533(c)(2)(B)).
Information in the Petition
On April 22, 2021, we received a petition from the Center for
Biological Diversity, Animal Welfare Institute, and the Defenders of
Wildlife requesting we promulgate a rulemaking under section 4(d) of
the ESA to provide for the conservation of the Banggai cardinalfish.
The petition states that the Banggai cardinalfish are particularly
vulnerable to extinction from collection for the aquarium trade, and
that since the species' listing in 2016, populations have continued to
decline, with collection from the wild still occurring to supply the
aquarium trade. The petition also alleges the ecosystem the Banggai
cardinalfish depend on is becoming unsuitable due to loss of key
microhabitat species (corals, sea urchins, and sea anemones), coral
bleaching events, and climate change. The petition states that between
the loss of habitat and ``the decrease in the species' population
abundance and fitness resulting from decades of overexploitation,
Banggai cardinalfish cannot withstand continued, high levels of take
from the wild.'' The petition concludes that an ESA section 4(d) rule
is both ``necessary and advisable'' for the conservation of the
species, and requests that we initiate rulemaking, specifically
recommending we apply the prohibitions under ESA sections 9(a)(1)(A)
and 9(a)(1)(E) through 9(a)(1)(G) (see Background) and require a
threatened species permit for import or export of specimens, products,
and live Banggai cardinalfish, including for introduced populations and
captive-bred fish unless accompanied by a pre-Act Certificate of
Exemption (50 CFR 222.201-222.205). The petition is available on the
NMFS website (see ADDRESSES).
Information Solicited
NMFS will consider public comments and information received in
evaluating the request by the petitioners (see DATES and ADDRESSES). In
addition to comments and information pertaining to any aspect of the
petition, NMFS
[[Page 41936]]
specifically requests information regarding:
<bullet> The adequacy of existing measures regulating collection
and trade of the Banggai cardinalfish throughout its range;
<bullet> Availability and efficacy of captive-bred fish for aquaria
trade both domestic and international;
<bullet> Information on the collection/harvest (including, but not
limited to, number, location, mortality rate), and trade (import/export
data, value, transit mortality rates) of wild fish for aquaria trade;
and
<bullet> Implementation and efficacy of Indonesia's National Plan
of Action (NPOA) (2017-2021) for Banggai cardinalfish and adequacy of
enforcement of Banggai cardinalfish regulations.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-16220 Filed 8-3-21; 8:45 am]
BILLING CODE 3510-22-P
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