Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 81867 

a LOA issued pursuant to § 216.106 of 

this chapter and § 217.236, a LOA may 

be modified without prior notice or 

opportunity for public comment. 

Notification will be published in the 

Federal Register within 30 days of the 

action. 

[FR Doc. 2024–23392 Filed 10–8–24; 8:45 am] 

BILLING CODE 3510–22–P 

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. 

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: 

• 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, 

Lance.Smith@noaa.gov. 

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 


khammond on DSKJM1Z7X2PROD with RULES
81868 Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 

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 lowincome 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 

■ 1. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531 1543; subpart B, 

§ 223.201–202 also issued under 16 U.S.C. 

1361 et seq.; 16 U.S.C. 5503(d) for 

§ 223.206(d)(9). 

■ 2. In § 223.102, amend the table in 

paragraph (e), under the heading 

‘‘Corals’’ by revising the entry for 

‘‘Euphyllia paradivisa’’ to read as 

follows: 

§ 223.102 Enumeration of threatened 

marine and anadromous species. 

* * * * * 

(e) * * * 


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Federal Register / Vol. 89, No. 196 / Wednesday, October 9, 2024 / Rules and Regulations 81869 

Species 1

Citation(s) for listing 

determination(s) 

Critical 

habitat ESA rules 

Common name Scientific name Description of listed entity 

*******

Corals 

*******

Coral, [no common name] Fimbriaphyllia paradivisa ... Entire species .................... 79 FR 53852, Sept. 10, 

2014.

226.230 NA. 

* * * * * * * 

1Species 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 240228–0062; RTID 0648– 

XE363] 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 

Adjustment to the 2024 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment. 

SUMMARY: NMFS increases the 2024 

Atlantic herring annual catch limit and 

Area 1A sub-annual catch limit by 1,000 

metric tons (mt) for the remainder of 

2024. This action is required by the 

herring regulations when, based on data 

through October 1, 2024, NMFS 

determines that the New Brunswick 

weir fishery has landed less than 2,722 

mt of herring. This notification informs 

the public of these catch limit changes. 

DATES: Effective October 8, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Trudeau, Fishery Resource 

Management Specialist, 978–281–9252, 

ashley.trudeau@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

published final 2024 specifications for 

the Atlantic Herring Fishery 

Management Plan on March 4, 2024 (89 

FR 15482), establishing the 2024 annual 

catch limit (ACL) and area sub-ACLs. 

Table 1 shows the current herring 

specifications for 2024 and the 

specifications as revised by this action 

for the remainder of the calendar year. 

The NMFS Regional Administrator 

tracks herring landings in the New 

Brunswick weir fishery each year. The 

regulations at 50 CFR 648.201(h) require 

that if the New Brunswick weir fishery 

landings through October 1 are 

determined to be less than 2,722 mt, 

then NMFS subtracts 1,000 mt from the 

management uncertainty buffer and 

reallocates that amount to the ACL and 

Area 1A sub-ACL. When such a 

determination is made, NMFS is 

required to notify the New England 

Fishery Management Council and 

publish the ACL and Area 1A sub-ACL 

adjustment in the Federal Register. 

Information from Canada’s 

Department of Fisheries and Oceans 

indicates that the New Brunswick weir 

fishery landed 930 mt of herring 

through October 1, 2024. Therefore, the 

Regional Administrator determined that, 

effective upon notification filing in the 

Federal Register, 1,000 mt will be 

reallocated from the management 

uncertainty buffer to the Area 1A subACL and the ACL. This 1,000 mt 

reallocation increases the Area 1A subACL from 5,504 mt to 6,504 mt and the 

ACL from 19,141 mt to 20,141 mt for the 

remainder of 2024. 

Additionally, NMFS will use the 

adjusted allocations when we project 

whether catch from Area 1A will reach 

92 percent of the Area 1A sub-ACL, or 

whether overall herring catch will reach 

95 percent of the ACL. When Area 1A 

catch is projected to reach 92 percent of 

the Area 1A sub-ACL, catch from this 

area is reduced to 2,000 lb (907.2 kg) per 

trip, per calendar day. When overall 

catch is projected to reach 95 percent of 

the ACL, then catch in or from all 

herring management areas is limited to 

2,000 lb (907.2 kg) per trip, per calendar 

day. 

TABLE 1—ATLANTIC HERRING SPECIFICATIONS FOR 2024 

Current specifications 

(mt) 

Adjusted specifications 

(mt) 

Overfishing Limit ............................................................................................................ 32,233 32,233 

Acceptable Biological Catch .......................................................................................... 23,409 23,409 

Management Uncertainty ............................................................................................... 4,220 3,220 

Optimum Yield/ACL ....................................................................................................... 19,141 20,141 

Domestic Annual Harvest .............................................................................................. 19,141 20,141 

Border Transfer .............................................................................................................. 0 0 

Domestic Annual Processing ......................................................................................... 19,141 20,141 

U.S. At-Sea Processing ................................................................................................. 0 0 

Area 1A Sub-ACL (28.9 percent) .................................................................................. 5,504 6,504 

Area 1B Sub-ACL (4.3 percent) .................................................................................... 819 819 

Area 2 Sub-ACL (27.8 percent) ..................................................................................... 5,449 5,449 

Area 3 Sub-ACL (39 percent) ........................................................................................ 7,484 7,484 

Fixed Gear Set-Aside .................................................................................................... 30 30 

Research Set-Aside (RSA) ............................................................................................ 0% 0% 


khammond on DSKJM1Z7X2PROD with RULES