Rule2024-05795
Endangered and Threatened Species; Designation of Critical Habitat for Threatened Caribbean Corals; Correcting Amendment
Primary source
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Published
March 19, 2024
Effective
March 19, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS corrects an error in the final rule designating critical habitat for threatened Caribbean corals that published in the Federal Register on August 9, 2023. The final rule incorrectly identified the northern geographic extent of critical habitat designated for Orbicella franksi as St. Lucie Inlet, Martin County, Florida in the "Table of the Locations of the Critical Habitat Units for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia ferox," codified at 50 CFR 266.230(b) and in Table 4 of the Critical Habitat Unit Descriptions in the preamble of the rule. This correcting amendment fixes that error by revising the description of the geographic extent of the OFRA-1 Unit to refer to Lake Worth Inlet, Palm Beach County, Florida.
Full Text
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<title>Federal Register, Volume 89 Issue 54 (Tuesday, March 19, 2024)</title>
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[Federal Register Volume 89, Number 54 (Tuesday, March 19, 2024)]
[Rules and Regulations]
[Pages 19511-19512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-05795]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 226
[Docket No. 240312-0079]
RIN 0648-BG26
Endangered and Threatened Species; Designation of Critical
Habitat for Threatened Caribbean Corals; Correcting Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: NMFS corrects an error in the final rule designating critical
habitat for threatened Caribbean corals that published in the Federal
Register on August 9, 2023. The final rule incorrectly identified the
northern geographic extent of critical habitat designated for Orbicella
franksi as St. Lucie Inlet, Martin County, Florida in the ``Table of
the Locations of the Critical Habitat Units for Orbicella franksi, O.
annularis, O. faveolata, Dendrogyra cylindrus, and Mycetophyllia
ferox,'' codified at 50 CFR 266.230(b) and in Table 4 of the Critical
Habitat Unit Descriptions in the preamble of the rule. This correcting
amendment fixes that error by revising the description of the
geographic extent of the OFRA-1 Unit to refer to Lake Worth Inlet, Palm
Beach County, Florida.
DATES: This rule is effective on March 19, 2024.
ADDRESSES: Information regarding this final rule correction can be
found on the NMFS website at: <a href="https://www.fisheries.noaa.gov/action/final-rule-designate-critical-habitat-threatened-caribbean-corals">https://www.fisheries.noaa.gov/action/final-rule-designate-critical-habitat-threatened-caribbean-corals</a>.
FOR FURTHER INFORMATION CONTACT: Jennifer Moore, NMFS, SERO, 727-824-
5312, <a href="/cdn-cgi/l/email-protection#460c2328282f202334680b29293423062829272768212930"><span class="__cf_email__" data-cfemail="5e143b303037383b2c701331312c3b1e30313f3f70393128">[email protected]</span></a>; Heather Austin, NMFS, Office of
Protected Resources, 301-427-8422, <a href="/cdn-cgi/l/email-protection#074f6266736f627529467274736e69476968666629606871"><span class="__cf_email__" data-cfemail="aee6cbcfdac6cbdc80efdbdddac7c0eec0c1cfcf80c9c1d8">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 19512]]
Need for Correction
In the final rule designating critical habitat for the threatened
Caribbean corals (88 FR 54026, August 9, 2023), NMFS inaccurately
identified the northern geographic extent of Orbicella franksi as St.
Lucie Inlet, Martin County, Florida in Table 2 of 50 CFR 226.230(b) and
in Table 4 of the Critical Habitat Unit Descriptions in the preamble of
the rule. The species has never occurred north of Lake Worth Inlet,
Palm Beach County, Florida. The reference to St. Lucie Inlet, Martin
County, Florida was an accidental conflation (i.e., copy/paste error)
with its sister species, Orbicella faveolata. The correct geographic
extent of the OFRA-1 Unit is Lake Worth Inlet, Palm Beach County,
Florida, as stated in Figure 13 of 50 CFR 226.230(f) (i.e., the map of
the OFRA-1 Unit). The correct geographic extent is also stated in Table
1 of 50 CFR 226.230(a) as extending only to Palm Beach County.
As directed by 50 CFR 424.12(c), each critical habitat area will be
shown on a map, with more-detailed information discussed in the
preamble of the rulemaking documents published in the Federal Register.
Textual information may be included for purposes of clarifying or
refining the location and boundaries of each area or to explain the
exclusion of sites (e.g., paved roads, buildings) within the mapped
area. Each area will be referenced to the State(s), county(ies), or
other local government units within which all or part of the critical
habitat is located. Unless otherwise indicated within the critical
habitat descriptions, the names of the State(s) and county(ies) are
provided for informational purposes only and do not constitute the
boundaries of the area. As noted above, the map of this unit at 50 CFR
226.230(f), which is the regulatory designation, correctly identifies
the northern extent of the species. The references to the State
(Florida) and county (Palm Beach) are also correct in Table 1 of 50 CFR
226.230(a). Thus, NMFS corrects the information in Table 2 that
identifies the geographic extent of O. franksi to refer to Lake Worth
Inlet instead of St. Lucie Inlet.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive prior notice and opportunity
for additional public comment because it would be unnecessary and
contrary to the public interest. This correcting amendment corrects the
identification of the geographic extent of one of the units of critical
habitat for O. franksi. The public was provided prior notice and
comment on the proposed designation, which correctly identified the
boundary of the critical habitat unit for O. franksi in Table 1 of the
preamble, in Table 1 at 50 CFR 266.230(a), and in the map of the unit
(Figure 13 of 50 CFR 226.230(f)), which is the regulatory designation.
No comments were received about this boundary. Therefore, providing
prior notice and opportunity for public comment on this correction to
Table 2 at 50 CFR 226.230(b) is unnecessary and contrary to the public
interest because this is a non-substantive change and retaining the
inconsistent and incorrect information may cause confusion.
For the reasons stated above, the Assistant Administrator also
finds good cause, pursuant to 5 U.S.C. 553(d), to waive the 30-day
delay in effective date for this correction amendment (i.e., it is
unnecessary and contrary to the public interest since it is a non-
substantive change, the public was provided prior notice and comment on
the proposed designation which correctly identified the boundary of the
critical habitat unit for O. franksi in Table 1 of the preamble, in
Table 1 at 50 CFR 266.230(a), and in the map of the unit (Figure 13 of
50 CFR 226.230(f)), which is the regulatory designation, and no
comments were received about this boundary).
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. Accordingly, no Regulatory Flexibility
Analysis is required and none has been prepared.
List of Subjects in 50 CFR Part 226
Endangered and threatened species.
Dated: March 14, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
226 as follows:
PART 226--DESIGNATED CRITICAL HABITAT
0
1. The authority citation for part 226 continues to read as follows:
Authority: 16 U.S.C. 1533.
0
2. In Sec. 226.230 (b), under the subheading ``Orbicella franksi'',
revise the table entry for OFRA-1 to read as follows:
Sec. 226.230 Critical habitat for the Caribbean Boulder Star Coral
(Orbicella franksi), Lobed Star Coral (O. annularis), Mountainous Star
Coral (O. faveolata), Pillar Coral (Dendrogyra cylindrus), and Rough
Cactus Coral (Mycetophyllia ferox).
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(b) * * *
Table 2 to Paragraph (b)--Table of the Locations of the Critical Habitat Units for Orbicella franksi, O. annularis, O. faveolata, Dendrogyra cylindrus,
and Mycetophyllia ferox
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Critical habitat unit
Species name Location Geographic extent Water depth range
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Orbicella franksi.................. OFRA-1................... Florida.................... Lake Worth Inlet, Palm Beach County 2-40 m (6.5-131 ft).
to Government Cut, Miami-Dade
County.
Florida.................... Government Cut, Miami-Dade County to 0.5-40 m (1.6-131
Dry Tortugas. ft).
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[FR Doc. 2024-05795 Filed 3-18-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 19, 2024.
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