Rule2024-23317
Endangered and Threatened Wildlife and Plants; Technical Correction for the Coral Fimbriaphyllia paradivisa
Primary source
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Published
October 9, 2024
Effective
December 9, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We, NMFS, announce the revised taxonomy of the coral Euphyllia paradivisa (no common name) under the Endangered Species Act of 1973, as amended (ESA). We are revising the Enumeration of threatened marine and anadromous species for Euphyllia paradivisa to reflect the scientifically accepted taxonomy and nomenclature of this species. We revise the scientific name of the species to Fimbriaphyllia paradivisa. The changes to the taxonomic classification and nomenclature do not affect the species' listing status under the ESA or any protections and requirements arising from its listing.
Full Text
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<title>Federal Register, Volume 89 Issue 196 (Wednesday, October 9, 2024)</title>
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[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Rules and Regulations]
[Pages 81867-81869]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23317]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223
[Docket No. 240919-0246]
RTID 0648-XR137
Endangered and Threatened Wildlife and Plants; Technical
Correction for the Coral Fimbriaphyllia paradivisa
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Direct final rule.
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SUMMARY: We, NMFS, announce the revised taxonomy of the coral Euphyllia
paradivisa (no common name) under the Endangered Species Act of 1973,
as amended (ESA). We are revising the Enumeration of threatened marine
and anadromous species for Euphyllia paradivisa to reflect the
scientifically accepted taxonomy and nomenclature of this species. We
revise the scientific name of the species to Fimbriaphyllia paradivisa.
The changes to the taxonomic classification and nomenclature do not
affect the species' listing status under the ESA or any protections and
requirements arising from its listing.
DATES: The rule is effective December 9, 2024 without further action,
unless significnt adverse comment is received by November 8, 2024. If
significant adverse comments are received, the NMFS will publish a
timely withdrawal of the rule in the Federal Register.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0078, by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2024-0078 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
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
<a href="https://www.regulations.gov">https://www.regulations.gov</a> 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).
FOR FURTHER INFORMATION CONTACT: Lance Smith, NMFS, Pacific Islands
Regional Office, 808-725-5131, <a href="/cdn-cgi/l/email-protection#1f537e717c7a314c72766b775f71707e7e31787069"><span class="__cf_email__" data-cfemail="b7fbd6d9d4d299e4dadec3dff7d9d8d6d699d0d8c1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Purpose of This Rule
The purpose of our direct final rule is to notify the public that
we are revising the Enumeration of threatened marine and anadromous
species (50 CFR 223.102(e)) to reflect the scientifically accepted
taxonomy and nomenclature of one coral species, Euphyllia paradivisa,
listed under section 4 of the ESA in 2014 (16 U.S.C. 1531 et seq.). The
change reflects the most recently accepted scientific name in
accordance with 50 CFR 223.102(b).
We are publishing this rule as a direct final rule because this is
a noncontroversial action that reflects decisions already taken in the
scientific community, such that prior notice and an opportunity to
comment is unnecessary. This rule does not change the listing status of
the species under the ESA and does not alter any protections afforded
the species or any other legal requirements arising from the species'
listing under the ESA. This change should be undertaken in as timely a
manner as possible. This rule will be effective, as published in this
document on the effective date specified in DATES, unless we receive
significant adverse comments on or before the comment due date
specified in DATES. Significant adverse comments are comments that
provide strong scientific justification as to why the taxonomic and
nomenclature changes to the Enumeration of the listed entity should not
be adopted or why the rule should be changed. Please include sufficient
scientific information with your comments that will allow us to verify
the basis for any significant adverse comments.
If we receive significant adverse comments, we will publish a
notification in the Federal Register withdrawing this rule before the
effective date, and we will engage in notice and comment rulemaking
under the applicable requirements of the Administrative Procedure Act
to promulgate these changes to 50 CFR 223.102(e).
Background
Under 50 CFR 223.102(b), we use the most recently accepted
scientific name of any species that we have determined to be threatened
under the ESA, relying to the extent practicable on the International
Code of Zoological Nomenclature (ICZN). The ESA likewise requires that
listing decisions be based solely on the best scientific and commercial
data available (see 16 U.S.C. 1533(b)(1)(A)). Using the best available
scientific information, our direct final rule documents a taxonomic
change (scientific name) to Euphyllia paradivisa. This change is
supported by studies published in peer-reviewed journals, acceptance by
the World Register of Marine Species, our 5-year Review of the species
(NMFS 2024), and broad acceptance by scientists around the world. We
revise the scientific name of Euphyllia paradivisa listed under section
4 of the ESA (16 U.S.C. 1531 et seq.) as follows: Fimbriaphyllia
paradivisa. We make this change to the Enumeration of threatened marine
and anadromous species (50 CFR 223.102(e)) to reflect the most recently
accepted scientific name in accordance with 50 CFR 223.102(b).
Taxonomy Classification
Fimbriaphyllia paradivisa
Based on colony growth form, Veron & Pichon (1980) established two
subgenera within the genus Euphyllia, namely Euphyllia and
Fimbriaphyllia. Veron (1990) described the species Euphyllia
paradivisa, placing it in Euphyllia instead of Fimbriaphyllia based on
skeletal and tentacle morphological characteristics. More recently,
molecular data showed that the species traditionally ascribed to the
genus Euphyllia could be separated into two major lineages that were
distinct enough to fall within two separate genera (Luzon et al. 2017,
Arrigoni et al. 2023). Luzon et al. (2017) demonstrated that these two
major lineages, can be distinguished based on the polyp morphology and
reproductive traits. As such, Luzon et al. (2017) elevated
Fimbriaphyllia from a subgenera within the genus Euphyllia to a
separate genus to be composed of five species, namely F. ancora, F.
divisa, F. paraancora, F. paradivisa, and F. yaeyamensis; this
taxonomic change was supported by the results of Arrigoni et al.
(2023). There has been broad acceptance among scientists around the
world of the taxonomic change suggested by these
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studies. This taxonomic change has also been accepted by the World
Register of Marine Species (WoRMS), an authoritative and comprehensive
registry of marine species that follows ICZN protocols (see <a href="https://www.marinespecies.org">https://www.marinespecies.org</a>). (We note that, while the separate ICZN database
(ZooBank) is generally a reliable source for taxonomic information, in
this instance, the ZooBank is incomplete because it often does not
include coral species and marine invertebrates; thus, we are not
relying on the ZooBank for evidence of the current, accepted scientific
name of this coral species.)
NMFS, therefore, recognizes the taxonomic change and is making
technical revisions to 50 CFR 223.102(e) to reflect the most recently
accepted scientific name based on the best available scientific
information about the listed species. Once the changes to 50 CFR
223.102(e) take effect, the taxonomic change will be incorporated into
all new NMFS publications pertaining to the species. This species will
continue to be listed as threatened and is subject to the same
protections as those that existed prior to these changes. No other
aspect of the entry for this species in 50 CFR 223.102(e) will change
as a result of this rule.
Required Determinations
The Assistant Administrator for Fisheries finds that good cause
exists to waive the requirement for prior notice and opportunity for
public comment, pursuant to 5 U.S.C. 553(b)(B). Such procedures would
be unnecessary as the taxonomic change made in this rule is technical
and reflects decisions already taken in the scientific community. This
rule does not change the listing status of this coral species under the
ESA, and therefore does not alter the legal protections afforded to the
species or any other requirements arising from its listing under the
ESA or add any new requirements.
This action is not subject to review under Executive Order (E.O.)
12866. Because a general notice of proposed rulemaking is not required,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., are inapplicable.
This final rule does not contain policies with federalism
implications under E.O. 13132. Policies that have federalism
implications refers to regulations, legislative comments or proposed
legislation, and other policy statements or actions that have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government. This final
rule does not have federalism implications; therefore, the agency did
not follow the additional consultation procedures outlined in E.O.
13132.
This rule does not contain any collections of information that
require approval by the Office of Management and Budget under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.). This rule will not
impose recordkeeping or reporting requirements on State or local
governments, individuals, businesses, or organizations.
E.O. 12898 requires that Federal actions address environmental
justice in the decision-making process. In particular, the
environmental effects of the actions should not have a disproportionate
effect on minority and low-income communities. This rule is not
expected to have a disproportionate effect on minority populations or
low-income populations.
This final rule makes a taxonomic change relative to a previous
listing determination under the ESA to reflect the most recently
accepted scientific name based on the best available scientific
information about the species' taxonomy and nomenclature. NMFS has
concluded that the National Environmental Policy Act (NEPA) does not
apply to ESA listing actions, and we conclude that NEPA does not apply
to this correction to the identification of the listed species to
reflect the best available scientific information (see NOAA
Administrative Order 216-6A and the Companion Manual for NOAA
Administrative Order 216-6A, regarding Policy and Procedures for
Compliance with the National Environmental Policy Act and Related
Authorities).
References Cited
A complete list of references is available on our website at:
<a href="https://www.fisheries.noaa.gov/action/">https://www.fisheries.noaa.gov/action/</a>.
List of Subjects in 50 CFR Part 223
Endangered and threatened species.
Dated: October 3, 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
223 as follows:
PART 223--THREATENED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation for part 223 continues to read as follows:
Authority: 16 U.S.C. 1531 1543; subpart B, Sec. 223.201-202
also issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for
Sec. 223.206(d)(9).
0
2. In Sec. 223.102, amend the table in paragraph (e), under the
heading ``Corals'' by revising the entry for ``Euphyllia paradivisa''
to read as follows:
Sec. 223.102 Enumeration of threatened marine and anadromous species.
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(e) * * *
[[Page 81869]]
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Species \1\
------------------------------------------------------------------ Citation(s) for Critical
Description of listing habitat ESA rules
Common name Scientific name listed entity determination(s)
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Corals
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Coral, [no common name]...... Fimbriaphyllia Entire species.. 79 FR 53852, 226.230 NA.
paradivisa. Sept. 10, 2014.
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\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
FR 58612, November 20, 1991).
[FR Doc. 2024-23317 Filed 10-8-24; 8:45 a.m.]
BILLING CODE 3510-22-P
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