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[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Rules and Regulations]
[Pages 101993-102000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29082]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 241112-0291; RTID 0648-XR126]

Endangered and Threatened Wildlife and Plants: Reclassification 
of Pillar Coral (Dendrogyra cylindrus) From Threatened to Endangered

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: NMFS is changing the status of pillar coral (Dendrogyra 
cylindrus) from threatened to endangered on the Federal List of 
Threatened and Endangered Species. We have considered the 5-year review 
of the status of D. cylindrus, expert reviewer comments, and public 
comments submitted on the proposed rule. Based on this information, we 
have determined that D. cylindrus is in danger of extinction throughout 
all or a significant portion of its range. Thus, we are changing the 
status of D. cylindrus from threatened to endangered under the 
Endangered Species Act (ESA) of 1973.

DATES: This final rule is effective on February 18, 2025.

ADDRESSES: Public comments that were submitted on the proposed rule to 
change the status of D. cylindrus are available at: https://www.regulations.gov identified by docket number NOAA-NMFS-2023-0002. A 
list of references cited in the final rule and other supporting 
materials are available at: https://www.fisheries.noaa.gov/species/pillar-coral/conservation-management, or by submitting a request to the 
National Marine Fisheries Service, Southeast Regional Office, Protected 
Resources Division, 263 13th Avenue South, St. Petersburg, Florida 
33701.

FOR FURTHER INFORMATION CONTACT: Alison Moulding, 727-551-5607, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On September 10, 2014, we published a final rule listing D. 
cylindrus, along with 4 other Caribbean coral species and 15 Indo-
Pacific coral species, as threatened under the ESA (79 FR 53851, 
September 10, 2014). In early 2021, we announced a 5-year review of 7 
threatened Caribbean coral species, including D. cylindrus (86 FR 1091, 
January 7, 2021) to determine whether the listing classification of 
these species was still accurate. Based on the findings of the 5-year 
review (NMFS, 2022), we published a proposed rule to change the status 
of D. cylindrus from threatened to endangered (88 FR 59494, August 29, 
2023). We solicited peer review of the scientific information contained 
in the proposed rule from three independent experts from the scientific 
community who have expertise in D. cylindrus biology, ecology, 
conservation, and threats to the species, and we incorporated their 
comments prior to publication of the proposed rule. We requested 
comments on the proposed rule from the public during a 60-day comment 
period and held a virtual public hearing on September 26, 2023, at 
which we also accepted public comments.
    In this final rule, we are reclassifying D. cylindrus from a 
threatened species to an endangered species under the ESA. We have 
determined that D. cylindrus is in danger of extinction throughout all 
or a significant portion of its range. This final determination is 
based on the information in the 5-year review, from expert peer 
reviewers, and from public comments, which together comprise the best 
scientific and commercial data available.

Listing Determinations Under the ESA

    Section 3 of the ESA defines an endangered species as any species 
that is in danger of extinction throughout all or a significant portion 
of its range and a threatened species as one that is likely to become 
an endangered species within the foreseeable future throughout all or a 
significant portion of its range (16 U.S.C. 1532(6) and (20)). Thus, an 
``endangered species'' is one that is presently in danger of 
extinction. A ``threatened species,'' on the other hand, is not 
presently in danger of extinction but is likely to become so within the 
foreseeable future (i.e., at a later time). So, the primary statutory 
difference between a threatened and endangered species is the timing of 
when a species is in danger of extinction, either presently 
(endangered) or not presently but within the foreseeable future 
(threatened).

[[Page 101994]]

    The statute requires us to determine whether a species is 
threatened or endangered as a result of any of the factors listed in 
section 4(a)(1) of the ESA: (A) the present or threatened destruction, 
modification, or curtailment of its habitat or range; (B) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. Changes to a listed species' status 
must be determined on the basis of these factors using solely the best 
scientific and commercial data available (16 U.S.C. 1533(c)(2)(B)). 
Implementing regulations in 50 CFR 424.11(b) reiterate the requirement 
that changes in a species' classifications must be based solely on the 
best available scientific and commercial information regarding a 
species' status.

Public Comments and Our Responses

    Public comments were accepted by standard mail, email, during the 
public hearing, and through the Federal eRulemaking portal. We received 
17 public comments on the proposed rule from individuals, government 
agencies, and conservation organizations. Of these, 14 comments were 
supportive of the proposed reclassification of D. cylindrus, 1 comment 
was against reclassification, and 2 comments were neutral and asked for 
clarification on the effects of the reclassification. Most of the 
supportive comments expressed general support for the proposed rule but 
did not include substantive content. Several comments presented general 
information on threats or information that was already considered in 
the proposed rule. We received 3 comments that provided documentation 
that reinforced the information on demographic factors and threats 
considered in the proposed rule, including population declines and 
susceptibility to climate-induced ocean warming, ocean acidification, 
nutrients, sedimentation, and disease. We also received 1 comment that 
is outside the scope of the proposed rule that stated that we need to 
provide support for the increased administrative burden on state and 
Federal agencies that results from listing and changing the status of 
species under the ESA, and that we need to increase the Federal funds 
designated for the management and recovery of ESA-listed species. All 
substantive public comments on the proposed rule to reclassify D. 
cylindrus as endangered are addressed in the following summary. We have 
categorized comments by topic, and, where appropriate, we have combined 
similar comments from multiple people or groups and addressed them 
together.

Demographics and Threats

    Comment 1: Three commenters provided additional references (Jones 
et al., 2021, Alvarez-Filip et al., 2022) that addressed population 
decline of D. cylindrus from disease and were not included in the 
proposed rule or 5-year review (NMFS, 2022).
    Response: We thank these commenters for the submission of 
additional data to inform the status of the species and this final 
rule. Jones et al. (2021) suggests that thermal stress in 2014 and 2015 
exacerbated underlying disease and resulted in a disease outbreak that 
led to the extirpation of D. cylindrus in southeast Florida. Alvarez-
Filip et al. (2022), reported that greater than 80 percent of D. 
cylindrus surveyed in Mexico suffered mortality or were infected by 
disease between 2018 and 2020. Population declines in Florida and 
Mexico and the threats of disease and ocean warming were considered in 
the proposed rule as factors leading to the extinction risk of D. 
cylindrus. The additional references are consistent with the 
information we considered in the proposed rule. Thus, these comments 
support our conclusions regarding the threats of ocean warming and 
disease and provide additional support for our conclusion that D. 
cylindrus meets the definition of an endangered species. These 
references were incorporated into the final rule.
    Comment 2: We received several comments and references about the 
threat of climate change and its negative effects on corals that 
increase the extinction risk for D. cylindrus.
    Response: We agree that the effects of climate change are 
contributing to the risk of extinction of D. cylindrus. In the original 
listing rule (79 FR 53851, September 10, 2014), we identified factors 
acting directly as stressors on D. cylindrus (e.g., elevated ocean 
temperature and sedimentation) as distinct from the sources responsible 
for those factors (e.g., climate change and land management practices) 
and evaluated the impact each threat has on the species' extinction 
risk. The susceptibility of D. cylindrus to ocean warming and ocean 
acidification was addressed in the 5-year review (NMFS, 2022) and in 
the proposed reclassification rule (88 FR 59494, August 29, 2023). The 
additional references are consistent with the information we considered 
in the proposed rule. Thus, these comments support our conclusions 
regarding the threats of ocean warming and ocean acidification and 
provide additional support for our conclusion that D. cylindrus meets 
the definition of an endangered species. Because stressors stemming 
from climate change are already identified as threats contributing to 
the extinction risk for D. cylindrus, no changes were made to the final 
rule in response to these comments.
    Comment 3: We received a comment that human activities such as 
coastal development, dredging, wastewater disposal, and shipping have 
contributed to the susceptibility of D. cylindrus to stony coral tissue 
loss disease (SCTLD).
    Response: In the original listing rule (79 FR 53851, September 10, 
2014), we identified factors acting directly as stressors on D. 
cylindrus (e.g., elevated ocean temperature and sedimentation) as 
distinct from the sources responsible for those factors (e.g., climate 
change and land management practices) and evaluated the impact each 
threat has on the species' extinction risk. Although causative factors 
of coral disease remain poorly understood, we agree that the presence 
of stressors such as sedimentation and nutrient enrichment from human 
activities like coastal development and wastewater disposal can 
increase the susceptibility of corals to disease. A diseased state 
results from a complex interplay of factors including the cause or 
agent (e.g., pathogen, environmental toxicant), the host, and the 
environment. The interaction of disease and other stressors was 
discussed in the original listing rule (79 FR 53851, September 10, 
2014), and the susceptibility of D. cylindrus to disease, 
sedimentation, and nutrients was considered in the 5-year review (NMFS, 
2022) and in the proposed reclassification rule (88 FR 59494, August 
29, 2023). The public comments are consistent with the information we 
considered in the proposed rule. Thus, these comments support our 
conclusions regarding the threats of disease, nutrient enrichment, and 
sedimentation and provide additional support for our conclusion that D. 
cylindrus meets the definition of an endangered species.

Analyses

    Comment 4: We received a comment that there is no benefit to 
changing the status of D. cylindrus to endangered since the ESA has no 
mechanism of protecting against the major threats of climate change and 
disease.
    Response: Under section 4(b) of the ESA, we are required to base 
listing decisions solely on the best scientific and commercial data 
available after conducting a review of the status of the

[[Page 101995]]

species and after taking into account efforts to protect the species 
(16 U.S.C. 1533(b)(1)(A)). We may determine a species is threatened or 
endangered because of any of the following factors: (A) the present or 
threatened destruction, modification, or curtailment of its habitat or 
range; (B) overutilization for commercial recreational, scientific, or 
educational purposes; (C) disease or predation; (D) the inadequacy of 
existing regulatory mechanisms; or (E) other natural or manmade factors 
affecting its continued existence. When making a listing or 
reclassification determination, we cannot consider impacts that may 
stem from the listing determination itself, and we cannot ignore 
threats for which there are no existing mitigation mechanisms (16 
U.S.C. 1533(b), 50 CFR 424.11(b)). After considering the best 
scientific and commercial information available on status of the 
species and taking into account efforts being made to protect the 
species, we conclude that D. cylindrus is in danger of extinction and 
should be listed as endangered under the ESA.
    Comment 5: We received a comment stating that there is a need for 
expanded and purposeful opportunities for states and territories with 
coral reefs in their jurisdiction to comment on, participate in, and 
lead efforts before the Federal government makes any decisions under 
the ESA, such as listing or reclassifying a species, and requesting 
that states and territories be consulted on which data are used as the 
best available science for informing decisions.
    Response: The ESA and the implementing regulations describe the 
process NMFS must use when listing species under the ESA (16 U.S.C. 
1533; 50 CFR part 424). This process includes giving actual notice of 
the proposed listing regulation to the state agency in each state in 
which the species is believed to occur and to each county or equivalent 
jurisdiction in which the species is believed to occur and inviting 
them to comment on the proposal (16 U.S.C. 1533(b)(5)(A)(ii); 50 CFR 
424.16(c)(1)(ii)). In accordance with this requirement, we notified the 
states, counties, and territories where D. cylindrus is known to occur 
when we published the proposed rule to reclassify D. cylindrus as 
endangered. We accepted comments by standard mail, email, during the 
public hearing on September 26, 2023, and through the Federal 
eRulemaking portal. This allowed those government agencies the 
opportunity to participate in the decision to reclassify D. cylindrus 
as endangered, including providing input on the best scientific and 
commercial data available. We considered all relevant comments within 
the scope of this rulemaking received during the comment period when 
making this final determination to reclassify D. cylindrus from 
threatened to endangered.
    We also note that we worked cooperatively with states and 
territories to obtain unpublished coral monitoring data to inform the 
5-year review of ESA-listed Caribbean coral species. We considered the 
information in the 5-year review, including the population data 
obtained from the states and territories, when making the determination 
that D. cylindrus met the definition of an endangered species. By 
seeking unpublished monitoring data from states and territories, giving 
notice of the proposed listing regulation to states and territories in 
which the species occurs, and considering comments from states and 
territories, we provided opportunities for these groups to participate 
in the decision to change the status of D. cylindrus from threatened to 
endangered.
    Comment 6: We received a comment that we should incorporate data 
from mesophotic reefs, which may serve as thermal refugia for shallow 
water species, into factors considered for listing and reclassifying 
species under the ESA.
    Response: For the proposed rule to reclassify D. cylindrus to 
endangered, we evaluated the best scientific and commercial data 
available. As stated in the proposed rule, D. cylindrus inhabits most 
reef environments in depths between 1 and 25 meters (m) and is most 
common in reef environments in water depths between 5 and 15 m. We have 
found no evidence that D. cylindrus occurs at mesophotic depths (30-150 
m), and the commenter did not provide any information to the contrary. 
Therefore, we did not consider the role of mesophotic reefs as a factor 
in the decision to change the status of D. cylindrus from threatened to 
endangered.

Effects of the Reclassification

    Comment 7: We received a comment asking if exporting dead samples 
of D. cylindrus for scientific research would require an ESA section 
10(a)(1)(A) permit if they were collected prior to reclassification.
    Response: If samples of D. cylindrus (alive, dead, or preserved) 
were collected prior to reclassification, an ESA section 10(a)(1)(A) 
permit is not needed to import or export them; rather, NMFS can issue a 
Letter of Determination to authorize import and export, provided 
certain criteria are met. In addition, D. cylindrus is listed on 
Appendix II of the Convention on International Trade in Endangered 
Species (CITES), and, therefore, a CITES export permit issued by the 
exporting country would be required. For more information on Letters of 
Determination, see https://www.fisheries.noaa.gov/permit/letter-determination-protected-species-parts-and-products. For more 
information on CITES, see https://www.fws.gov/international-affairs/cites.
    Comment 8: We received a comment that it was unclear whether 
transport and transfer of captive D. cylindrus to another holding 
facility within the United States was a violation of the ESA section 
9(a)(1) prohibitions and would require an ESA section 10(a)(1)(A) 
permit.
    Response: Transportation of D. cylindrus or D. cylindrus parts 
within the United States is not a violation of the ESA section 9 
prohibitions, provided that the corals were legally obtained and that 
the transport is not in the course of a commercial activity. Transfer 
of D. cylindrus between U.S. facilities is, therefore, allowable 
without the need for a NMFS ESA section 10(a)(1)(A) permit. 
Documentation of the transfer to a different holding facility should be 
maintained.
    Comment 9: We received 2 comments that reclassification of D. 
cylindrus to endangered would have negative impacts on conservation 
efforts like restoration and rescue and cause delays, obstacles, and a 
greater administrative burden on restoration practitioners and state 
and territorial jurisdictions who would need to apply for an ESA 
section 10(a)(1)(A) permit. One of the commenters asked that NMFS 
minimize and streamline ESA section 10(a)(1)(A) permitting as much as 
possible to eliminate barriers to restoration and recovery. They 
recommended issuing a single permit to a state agency to authorize 
multiple practitioners to carry out restoration activities and 
developing a centralized database with online reporting that provides 
data access to all managing agencies.
    Response: As explained in the response to Comment 4, listing and 
reclassification determinations must be made solely on the basis of the 
best available scientific and commercial information regarding a 
species' status and without reference to possible economic or other 
impacts of such determinations (16 U.S.C. 1533(b)(1)(A) and 50 CFR 
424.11(b)). Thus, when making a listing or reclassification 
determination, we cannot consider whether the listing or 
reclassification will increase the administrative burden associated 
with applying for ESA permits for conservation activities.

[[Page 101996]]

    NMFS is committed to making ESA section 10(a)(1)(A) permitting as 
clear and streamlined as possible within the bounds of the law. We will 
streamline the permitting process through several mechanisms, including 
issuing permits valid for up to 10 years, conducting programmatic 
consultation under section 7 of the ESA to eliminate the need for 
individual consultation on each permit application, and reprogramming 
the online application system, Authorizations and Permits for Protected 
Species (APPS) (see https://apps.nmfs.noaa.gov) to accept applications 
for D. cylindrus. ESA section 10 Permit Holders can submit annual 
reports of their permitted activities in APPS. While these currently 
are not publically accessible in APPS, copies of submitted reports may 
be requested from the NMFS Office of Protected Resources, Permits and 
Conservation Division under the Freedom of Information Act. We are 
further recommending that individuals and groups that are working on 
the same project, at the same institution, or under the same funding to 
consider applying together to work under a single permit. These options 
allow for less frequent and reduced numbers of permit applications and 
can reduce processing times.
    In anticipation of a final determination to reclassify D. cylindrus 
to endangered, we held webinars on April 16 and 19, 2024, to present 
information on the effects of a reclassification and the ESA section 
10(a)(1)(A) permitting process. We announced the webinars to 
researchers and restoration practitioners known to work with D. 
cylindrus and agencies that issue research and restoration permits. We 
also announced these webinars on a coral listserv (i.e., Coral List) to 
reach a broader audience. During the webinars, we included information 
on what activities would need an ESA permit should D. cylindrus be 
reclassified as endangered and how and when to submit an ESA permit 
application. We encouraged attendees to apply for an ESA permit before 
a final determination was made so that conservation activities could 
continue uninterrupted if a final rule went into effect. Additional 
permitting guidance can be found on our website at: https://www.fisheries.noaa.gov/species/pillar-coral/conservation-management.

Summary of Changes From the Proposed Listing Rule

    We did not receive, nor did we find, data or references that 
presented substantial new information that would cause us to change our 
proposed listing determination. We received several sources of new 
information (see Comment 1), which provided population data that 
supported the information considered in the 5-year review report (NMFS, 
2022) and proposed rule. We also received additional information 
related to threats (e.g., ocean warming, ocean acidification, disease, 
sedimentation, and nutrient enrichment) which was consistent with or 
reinforced information in the 5-year review and proposed rule (see 
Comments 2 and 3). Therefore, while the new information contributed to 
our overall understanding of population dynamics and threats, it did 
not alter the outcome of the extinction risk analysis nor our 
interpretation of risk factors across the range of the species. 
Therefore, in this rule, we are finalizing the change in the 
classification of D. cylindrus from a threatened species to an 
endangered species under the ESA.
    In response to questions received about ESA permits, we have added 
additional information to the Effects of Listing section of this final 
rule to clarify that a Letter of Determination is needed for import or 
export of D. cylindrus or D. cylindrus parts in possession before the 
reclassification takes effect. In consultation with our ESA permitting 
division, we also provide further clarification in the Effects of 
Listing section with respect to prohibited and non-prohibited 
activities. These clarifications include rephrasing some of the 
descriptions to focus on the activity rather than the impact to the 
species, rearranging or splitting the activities in the list to 
differentiate prohibited activities that would need an ESA section 
10(a)(1)(A) permit from non-prohibited activities, and adding more 
detail to describe the particular prohibited and non-prohibited 
activities.

Assessment of Species Status

    In the proposed rule to reclassify D. cylindrus from threatened to 
endangered under the ESA, we outlined the rationale for our 
determination. Below, we summarize our evaluation and final 
determination. We relied on the best scientific and commercial data 
available including the information in the 5-year review and the public 
comments received. Please refer to the proposed rule for additional 
information (88 FR 59494, August 29, 2023).

Species Abundance, Trends, and Distribution

    Dendrogyra cylindrus is a colonial coral that can form large 
pillars (up to 3 m) upon an encrusting base. It is a gonochoric (i.e., 
separate sexes), broadcast spawning coral species, but some 
hermaphroditic colonies have been observed (Kabay, 2016; Neely et al., 
2018; Neely et al., 2020a; O'Neil et al., 2021). Spawning observations 
have also suggested that eggs may be fertilized within female colonies 
prior to release (Marhaver et al., 2015). It has a relatively low 
annual egg production and low sexual recruitment, with no reports of 
observed sexual recruitment in the wild. Dendrogyra cylindrus can also 
reproduce asexually through fragmentation and reattachment to the 
substrate.
    Dendrogyra cylindrus is present in the western Atlantic and 
throughout the greater Caribbean. It is absent in the Flower Garden 
Banks National Marine Sanctuary in the Gulf of Mexico and from the 
southwest Gulf of Mexico. It inhabits most reef environments in water 
depths ranging from 1 to 25 m and is most common in reef environments 
in water depths between 5 and 15 m. It has a naturally uncommon to rare 
occurrence, appearing as scattered, isolated colonies. It is sometimes 
found in highly clonal aggregations, likely resulting from 
fragmentation events (Chan et al., 2019).
    Population trend information indicates the species has continued to 
decline since being listed in 2014. Surveys of D. cylindrus conducted 
in Colombia in 2012 show a reduced spatial extent, loss of colonies, 
and higher prevalence and amount of partial mortality 10 years after 
initial surveys (Bernal-Sotelo et al., 2019). Multiple thermal 
bleaching events in 2014 and 2015 and ongoing and emerging disease 
events (SCTLD) since 2014 have caused near extirpation of D. cylindrus 
in Florida (Jones et al., 2021; Lewis, 2018; Lewis et al., 2017; Neely 
et al., 2021a; Neely, 2024), and D. cylindrus is now considered 
functionally extinct (i.e., the population is no longer viable and will 
not be able to sustain itself) along the Florida reef tract (Neely et 
al., 2021a).
    Although quantitative population trend data are only available from 
Florida and Colombia, we assumed the species is in decline throughout 
most of its range based on the evidence from these regions (northern 
and southwestern portions of its range) and the more widespread 
evidence of severe disease impacts from SCTLD, which has spread from 
Florida to the eastern, western, and southern Caribbean (see https://www.agrra.org/coral-disease-outbreak/ for a map of confirmed sightings 
of SCTLD in the greater Caribbean). Dendrogyra cylindrus is highly 
susceptible to SCTLD (Florida Coral Disease Response Research &

[[Page 101997]]

Epidemiology Team, 2018) and has been reported with high prevalence and 
confirmed or presumed mortality in multiple islands and countries 
across the Caribbean including the Bahamas (Dahlgren et al., 2021), 
Mexico (Alvarez-Filip et al., 2019; Alvarez-Filip et al., 2022; 
Estrada-Saldivar et al., 2021), and the U.S. Virgin Islands (Brandt et 
al., 2021; Costa et al., 2021). We assumed SCTLD will eventually reach 
all areas of the range of D. cylindrus based on its previous spread and 
the fact that it is waterborne (Aeby et al., 2019).

Summary of Factors Affecting the Species

    Dendrogyra cylindrus was listed as threatened in 2014 because of 
its susceptibility to and impacts from multiple threats, including 
ocean warming (ESA Factor E), disease (C), acidification (E), nutrient 
enrichment (A and E), sedimentation (A and E), trophic effects of 
fishing (A), and inadequate existing regulatory mechanisms to address 
global threats (D). As indicated in the proposed rule to reclassify D. 
cylindrus as endangered, these threats continue to contribute to the 
species' extinction risk. Several commenters provided additional 
information related to these threats, including ocean warming, ocean 
acidification, nutrient enrichment, sedimentation, and disease, which 
was consistent with the proposed rule and did not change our 
conclusions about any of these threats. Since its listing as 
threatened, D. cylindrus has declined in abundance and distribution in 
multiple locations with the most severe decline in the northern 
portions of its range. These declines are predominantly due to the 
effects of SCTLD, which emerged as a devastating and deadly new disease 
since the listing (Precht et al., 2016). Though the occurrence of D. 
cylindrus has historically been uncommon to rare, the species has 
become even rarer as a result of SCTLD. Furthermore, no observed sexual 
recruitment has been reported in the wild, and we concluded that 
reductions in population size and local extirpations will further 
inhibit the species' ability to persist and replenish diminished 
populations through asexual and sexual reproduction.

Conservation Measures

    We evaluated conservation measures used to protect D. cylindrus, 
including treatment of individual colonies for SCTLD (Miller et al., 
2020; Neely et al., 2020b; Neely et al., 2021c; O'Neil et al., 2018; 
Shilling et al., 2021; Walker et al. 2021), ex situ banking (Kabay, 
2016; Neely et al., 2021b; Neely, 2024; O'Neil et al., 2021), and 
propagation of D. cylindrus for future restoration (Marhaver et al., 
2015; Neely, 2019; Neely et al., 2020a; O'Neil et al., 2021; 
Villalpando et al., 2021). We concluded that the conservation actions 
would benefit the species but would not affect the status of D. 
cylindrus to the point at which listing as an endangered species is not 
warranted. Further, because current conservation actions do not 
directly address the root causes of threats such as disease, we 
concluded that they are insufficient to protect the species from the 
risk of extinction. See the proposed rule for additional discussion of 
conservation measures (88 FR 59497, August 29, 2023).

Final Listing Determination

    We reviewed the best scientific and commercial information 
available on the status of D. cylindrus, threats to the species, and 
conservation measures. Based on consideration of this information and 
public comments, we determine that D. cylindrus meets the definition of 
an endangered species. We find that D. cylindrus is in danger of 
extinction throughout all or a significant portion of its range. 
Dendrogyra cylindrus is susceptible to multiple threats including ocean 
warming (ESA Factor E), disease (C), acidification (E), nutrient 
enrichment (A and E), sedimentation (A and E), trophic effects of 
fishing (A), and inadequate existing regulatory mechanisms to address 
global threats (D). In addition, the following characteristics 
contribute to its risk of extinction:
    (1) It is geographically located in the highly disturbed Caribbean 
where localized human impacts are high and threats are predicted to 
increase. A range constrained to this particular geographic area that 
is likely to experience severe and increasing threats indicates that a 
high proportion of the population of this species is likely to be 
exposed to those threats;
    (2) It has an uncommon to rare occurrence throughout its range, 
which heightens the potential effect of localized mortality events and 
leaves the species vulnerable to becoming of such low abundance that it 
may be at risk from depensatory processes, environmental stochasticity, 
or catastrophic events;
    (3) Its low sexual recruitment limits its capacity for recovery 
from threat-induced mortality events throughout its range; and
    (4) It has experienced population declines, primarily due to SCTLD, 
in multiple locations throughout its range, including severe declines 
in the northern portion of its range, which has resulted in diminished 
distribution and local extirpation.
    The combination of these characteristics indicates that D. 
cylindrus is in danger of extinction throughout its range and warrants 
listing as an endangered species due to factors A, C, D, and E.

Effects of Listing

    Conservation measures provided for species listed as endangered or 
threatened under the ESA include recovery plans (16 U.S.C. 1553(f)), 
critical habitat designations, Federal agency consultation requirements 
(16 U.S.C. 1536), and prohibitions of certain acts under the ESA (16 
U.S.C. 1538). Because D. cylindrus was previously listed as threatened, 
Federal agency consultation requirements are already in effect, and a 
recovery outline has been developed to guide recovery until a full 
recovery plan has been finalized. Critical habitat has also been 
designated for D. cylindrus (88 FR 54026, August 9, 2023).
    All of the prohibitions in section 9(a)(1) of the ESA automatically 
apply to fish and wildlife listed as endangered species. Section 
9(a)(1) includes prohibitions on importing, exporting, engaging in 
foreign or interstate commerce, or ``taking'' of the species. ``Take'' 
is defined under the ESA as ``to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect, or an attempt to engage in any 
such conduct'' (16 U.S.C. 1532(19)). These prohibitions apply to all 
persons subject to the jurisdiction of the United States, including in 
the United States, its territorial sea, or on the high seas. Upon the 
effective date of this rule to reclassify D. cylindrus as endangered, 
section 9 of the ESA would expressly prohibit the following:
    (1) Taking of D. cylindrus within the United States or its 
territorial sea, or upon the high seas;
    (2) Possessing, selling, delivering, carrying, transporting, or 
shipping any D. cylindrus that was illegally taken;
    (3) Delivering, receiving, carrying, transporting, or shipping in 
interstate or foreign commerce any D. cylindrus in the course of a 
commercial activity;
    (4) Selling or offering D. cylindrus for sale in interstate or 
foreign commerce; or
    (5) Importing D. cylindrus into, or exporting D. cylindrus from, 
the United States.
    On July 1, 1994, NMFS and the U.S. Fish and Wildlife Service (FWS) 
published a policy statement (59 FR 34272) that requires the agencies 
to identify, to the extent known at the time a species is listed, those 
activities that

[[Page 101998]]

would or would not constitute a violation of section 9 of the ESA. The 
intent of this policy is to increase public awareness of the effect of 
a listing on proposed and ongoing activities within a species' range. 
Based on available information, we conclude the following categories of 
activities are likely to meet the ESA's definition of ``take'' and, 
therefore, result in a violation of the ESA section 9 prohibitions. We 
emphasize that whether a violation results from a particular activity 
is entirely dependent upon the facts and circumstances of each 
incident. The mere fact that an activity may fall within one of these 
categories does not mean that the specific activity will cause a 
violation. Further, an activity not listed may in fact result in a 
violation. Activities that are likely to result in a violation of 
section 9 prohibitions include, but are not limited to, the following:
    (1) Collection of D. cylindrus, including colonies, fragments, 
tissue samples, and gametes, from the wild;
    (2) Research outside the bounds of normal animal husbandry that 
results in harm (e.g., injuring or killing) to captive D. cylindrus;
    (3) Removing, relocating, or reattaching D. cylindrus in the wild;
    (4) Damaging, poisoning, contaminating, or killing D. cylindrus;
    (5) Scientific research activities on wild D. cylindrus involving 
the manipulation of the coral or its environment;
    (6) Release of captive D. cylindrus into the wild. Release of a 
captive coral could have the potential to injure or kill the coral or 
to affect wild populations of D. cylindrus through introduction of 
disease;
    (7) Habitat alternation, such as removal of substrate or alteration 
of water quality, resulting in injury or death of D. cylindrus;
    (8) Discharging pollutants (e.g., toxic chemicals, radioactive 
matter, carcinogens, mutagens, teratogens) or organic nutrient-laden 
water, including sewage water, into D. cylindrus habitat to an extent 
that harms or kills D. cylindrus;
    (9) Shoreline and riparian disturbances (whether in the riverine, 
estuarine, marine, or floodplain environment) that may harm or kill D. 
cylindrus, for instance, by disrupting or preventing the reproduction, 
settlement, reattachment, development, or normal physiology of D. 
cylindrus. Such disturbances could include land development, run-off, 
dredging, and disposal activities that result in direct deposition of 
sediment on D. cylindrus, shading, or covering of substrate for 
fragment reattachment or larval settlement; and
    (10) Activities that modify water chemistry in D. cylindrus habitat 
to an extent that disrupts or prevents the reproduction, development, 
or normal physiology of D. cylindrus.
    Some categories of activities are unlikely to constitute a 
violation of the section 9 prohibitions. Again, we emphasize that 
whether a violation results from a particular activity is entirely 
dependent upon the facts and circumstances of each incident. The mere 
fact that an activity may fall within one of these categories does not 
mean that the specific activity will not cause a violation. We consider 
the following activities to be ones that are unlikely to violate the 
ESA section 9 prohibitions:
    (1) Taking of wild D. cylindrus, including collection of colonies, 
fragments, tissue samples, and gametes, authorized by an ESA section 
10(a)(1)(A) permit issued by NMFS for the purposes of scientific 
research or the enhancement of propagation or survival of the species 
and carried out in accordance with the terms and conditions of the 
permit;
    (2) Incidental taking of D. cylindrus resulting from federally 
authorized, funded, or conducted projects for which consultation under 
section 7 of the ESA has been completed and when the project is 
conducted in accordance with any terms and conditions set forth by NMFS 
in an incidental take statement in a biological opinion pursuant to 
section 7 of the ESA;
    (3) Import or export of D. cylindrus or D. cylindrus parts 
authorized by a CITES permit and an ESA section 10(a)(1)(A) permit (or 
Letter of Determination for D. cylindrus or D. cylindrus parts in 
possession before the reclassification takes effect) issued by NMFS;
    (4) Continued possession of D. cylindrus parts or live D. cylindrus 
that were in captivity at the time of up-listing to an endangered 
species, including any progeny produced from captive corals after the 
rule is finalized, so long as the prohibitions of ESA section 9(a)(1) 
are not violated. Corals are considered to be in captivity if they are 
maintained in a controlled environment or under human care in ocean-
based coral nurseries. Individuals or organizations should be able to 
provide evidence that D. cylindrus or D. cylindrus parts were in 
captivity prior to its listing as an endangered species. We suggest 
such individuals or organizations submit information to us on the D. 
cylindrus in their possession (e.g., type, number, size, source, date 
of acquisition), to establish their claim of possession (see FOR 
FURTHER INFORMATION CONTACT);
    (5) Providing normal care for captive D. cylindrus. Captive corals 
are still protected under the ESA and may not be killed or injured or 
otherwise harmed and must receive proper care. Normal husbandry care of 
captive corals includes handling, cleaning, maintaining water quality 
within an acceptable range, extracting tissue samples for the purposes 
of diagnosis of condition or genetics, treating or preventing spread of 
maladies such as disease or parasites using established methods proven 
to be effective, propagating corals by sexual or asexual means (i.e., 
fragmenting larger coral colonies into smaller colonies to increase the 
number of corals, maintain corals of manageable size, or accelerate 
their growth rate) within the bounds of normal husbandry practices, 
attaching to artificial surfaces, and removing dead skeleton. 
Scientific studies that are intended to improve the husbandry practices 
of caring for captive D. cylindrus, where there is a reasonable 
expectation that they would not cause harm to D. cylindrus (e.g., 
trialing new food supplements, comparing different lighting systems, 
testing different attachment substrates), would not require an ESA 
permit;
    (6) Interstate and intrastate transportation of legally obtained 
captive D. cylindrus and D. cylindrus parts provided it is not in the 
course of a commercial activity. If captive corals or D. cylindrus 
parts are to be moved to a different holding location, records 
documenting transfer of corals should be maintained;
    (7) Stabilization of loose or unattached D. cylindrus, including 
fragments, in the wild by experienced individuals and as authorized by 
an ESA section 10(a)(1)(A) permit issued by NMFS;
    (8) Relocation of wild D. cylindrus from one site to another under 
the authorization of an ESA section 10(a)(1)(A) permit issued by NMFS;
    (9) Use of captive D. cylindrus for scientific studies under the 
authorization of an ESA Section 10(a)(1)(A) permit issued by NMFS. 
Scientific studies that have the potential to injure or harm captive D. 
cylindrus (e.g., altered temperature outside of ideal range, exposure 
to contaminants, potentially harmful chemicals, or disease, 
introduction of coral predators) require an ESA section 10(a)(1)(A) 
permit;
    (10) Research activities that involve collection or manipulation of 
D. cylindrus in the wild under the

[[Page 101999]]

authorization of an ESA section 10(a)(1)(A) permit;
    (11) Observational studies on D. cylindrus in the wild that do not 
involve collection or manipulation of D. cylindrus such as benthic 
surveys, photographs, and videos;
    (12) Release of captive D. cylindrus into the wild, as authorized 
by an ESA section 10(a)(1)(A) permit issued by NMFS; and
    (13) Treatment of wild D. cylindrus for disease by experienced 
individuals using non-experimental methods proven to be effective and 
as authorized by state and territorial permits.

Information Quality Act and Peer Review

    In December 2004, the Office of Management and Budget (OMB) issued 
a Final Information Quality Bulletin for Peer Review establishing 
minimum peer review standards, a transparent process for public 
disclosure of peer review planning, and opportunities for public 
participation. The OMB Peer Review Bulletin (the Bulletin), implemented 
under the Information Quality Act (Pub. L. 106-554), is intended to 
enhance the quality and credibility of the Federal Government's 
scientific information and applies to influential or highly influential 
scientific information disseminated on or after June 16, 2005. To 
satisfy our requirements under the Bulletin, the proposed rule was 
subject to peer review. A peer review plan was posted on the NOAA peer 
review agenda and can be found at: https://www.noaa.gov/information-technology/endangered-species-act-proposed-rule-for-pillar-coral-dendrogyra-cylindrus-id432. Our synthesis and assessment of scientific 
information supporting the proposed action was peer reviewed via 
individual letters soliciting the expert opinions of three qualified 
specialists selected from the academic and scientific community. The 
charge to the peer reviewers and the peer review report have been 
placed in the administrative record and posted on the agency's peer 
review agenda. In meeting the OMB Peer Review Bulletin requirements, we 
have also satisfied the requirements of the 1994 joint U.S. Fish and 
Wildlife Service/NMFS peer review policy (59 FR 34270; July 1, 1994).

References

    A complete list of the references used in this rule is available 
online (see www.fisheries.noaa.gov/species/pillar-coral#conservation-management) and upon request (see FOR FURTHER INFORMATION CONTACT).

Classification

National Environmental Policy Act

    The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the 
information that may be considered when assessing species for listing. 
Based on this limitation of criteria for a listing decision and the 
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir. 
1981), NMFS has concluded that ESA listing actions are not subject to 
the environmental assessment requirements of the National Environmental 
Policy Act (NEPA).

Regulatory Flexibility Act

    As noted in the Conference Report on the 1982 amendments to the 
ESA, economic impacts cannot be considered when assessing the status of 
a species. Therefore, the economic analysis requirements of the 
Regulatory Flexibility Act are not applicable to the listing process.

Executive Order 12866

    This final rule is exempt from review under Executive Order 12866.

Paperwork Reduction Act

    This final rule does not contain a collection-of-information 
requirement for the purposes of the Paperwork Reduction Act.

Executive Order 13132

    In accordance with Executive Order 13132, agencies are required to 
take into account any federalism impacts of regulations under 
development. This Executive order includes specific consultation 
directives for situations where a regulation will preempt state law or 
impose substantial direct compliance costs on state and local 
governments (unless required by statute). Neither of those 
circumstances is applicable to this final listing determination. In 
keeping with the intent of the Administration and Congress to provide 
continuing and meaningful dialogue on issues of mutual state and 
Federal interest, the proposed rule was provided to the relevant 
agencies in each state in which the subject species occurs, and these 
agencies were invited to comment. Their comments were addressed with 
other comments in the Public Comments and Our Responses section.

Executive Order 12898

    Executive Order 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 
disproportionately high and adverse effect on the health or environment 
of minority and low-income populations. The purpose of this rule is to 
update the classification of a coral species that is already protected 
under the ESA. This rule will serve to continue the protection and 
conservation of this coral species and is expected to promote a healthy 
ecosystem. Therefore, this rule is not expected to have a 
disproportionately high or adverse effect on the health or the 
environment of minority populations or low-income populations.

List of Subjects

50 CFR Part 223

    Endangered and threatened species, Exports, Imports, 
Transportation.

50 CFR Part 224

    Administrative practice and procedure, Endangered and threatened 
species, Exports, Imports, Reporting and recordkeeping requirements, 
Transportation.

    Dated: November 12, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reason set out in the preamble, we amend 50 CFR parts 223 
and 224 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).

Sec.  223.102  [Amended]

0
2. In Sec.  223.102, amend the table in paragraph (e), under the 
subheading ``Corals,'' by removing the entry for ``Coral, pillar.''

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
3. The authority citation of part 224 continues to read as follows:

    Authority:  16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.

0
4. In Sec.  224.101, amend the table in paragraph (h), under the 
subheading ``Corals,'' by adding an entry for ``Coral, pillar'' in 
alphabetical order by common name to read as follows:

Sec.  224.101  Enumeration of endangered marine and anadromous species.

* * * * *
    (h) * * *

[[Page 102000]]

----------------------------------------------------------------------------------------------------------------
                          Species \1\
---------------------------------------------------------------    Citation(s) for      Critical
                                                Description of         listing           habitat      ESA rules
         Common name          Scientific name   listed entity     determination(s)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
                                                     Corals
 
                                                  * * * * * * *
Coral, pillar...............  Dendrogyra       Entire species.  [INSERT FEDERAL           226.230            NA
                               cylindrus.                        REGISTER CITATION],
                                                                 December 17, 2024.
----------------------------------------------------------------------------------------------------------------
\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. 2024-29082 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-22-P
```