[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 [www.gpo.gov]
[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 https://www.regulations.gov 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 
https://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).

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

[[Page 81868]]

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 https://www.marinespecies.org). (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: 
https://www.fisheries.noaa.gov/action/.

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.

* * * * *
    (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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                                                  * * * * * * *
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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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