NMFS SEEKING PUBLIC COMMENTS ON ISSUING PROTECTIVE REGULATIONS FOR 20 CORALS SPECIES Comments due March 16, 2015 The Issue: On January 13, 2015, the National Marine Fisheries Service (NMFS) published an Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register requesting public input regarding the potential need for protective regulations for 20 coral species listed as threatened under the Endangered Species Act (ESA) (80 Fed. Reg. 1616). These 20 coral species were previously listed by NMFS on September 10, 2014 (79 Fed. Reg. 53,851). Fifteen of these corals are Indo-Pacific species; 5 are Caribbean species. Key documents regarding the listing provide important background information. At the time NMFS listed the 20 corals, the agency did not propose protective regulations for the coral species. Instead, NMFS indicated at the time of listing it would consider the need for such regulations in future processes. Section 4(d) of ESA provides that whenever any species is listed as a threatened species pursuant to the ESA, the Secretary shall issue such regulations as he deems necessary and advisable to provide for the conservation of such species. The Secretary may by regulation prohibit with respect to any threatened species any act prohibited under Section 9(a)(1) of the ESA. Such prohibited acts include, but are not limited to, the import and export of threatened species, and possessing, selling, transporting, or shipping any species taken in violation of the ESA. Section 4(d) of the ESA provides the Secretary with considerable flexibility to tailor protective regulations for threatened species. NMFS is now in the process of determining if any regulations are necessary and advisable to provide for the conservation of the 20 listed coral species. NMFS states in the ANPR that it is seeking information from the public to make this determination, and that the agency will evaluate a number of factors in determining the need for protective regulations. These factors include the biological status of the species, the potential impact of activities such as trade, import, and export on the species, and other factors, such as the efficacy of existing conservation measures. The Potential Impact of ESA Regulations on the Marine Trade and Aquarium Hobby: If NMFS applies all of the prohibitions contained in Section 9(a)(1) of the ESA to the 20 listed coral species, a range of activities would become prohibited under federal law unless a party obtains further authorization from NMFS. These prohibited activities would include importing or exporting the species; possessing, transporting or selling the listed species; or handling, capturing, or holding the species in captivity. NMFS is now requesting public comment to help them understand and analyze the impacts of various activities, as well as the efficacy of ongoing conservation activities (e.g., CITES or other government regulatory regimes or non-governmental programs). PIJAC position: PIJACs Aquatic Committee is formulating comments in response to this ANPR, and PIJAC is soliciting input from PIJAC members, concerned hobbyists and others that have information relevant to the issues specifically addressed in the ANPR. Please send your information and thoughts to PIJAC no later than March 1, 2015, for use in this effort. Also, do not hesitate to contact [email protected] for more information. And - do not forget to submit your comments to NMFS by no later than March 16, 2015. Recommended Action: NMFS acknowledges that it has flexibility under Section 4(d) of the ESA to tailor protective regulations for threatened species to prohibit those actions that impact species conservation. PIJAC will work with NMFS to educate the agency on the range of actions undertaken by PIJAC members and hobbyists that positively contribute to species conservation. In doing so, PIJAC will provide information to NMFS to assist the agency in identifying necessary and advisable regulations in view of the unique life history characteristics exhibited by these species. Review the Federal Register notice at page 1618 where NMFS list types of information it seeks: 1. Current and planned activities involving each of the 20 species and possible impacts on the species 2. Impacts within each species range by any of the following threats: ocean warming, disease, ocean acidification, sea-level rise, nutrient enrichment, sedimentation, predation, trophic effects of fishing, and collection and trade. 3. Information on which Section 9(a)(1) prohibitions on take are necessary and advisable for the conservation of species, with associated justification. 4. Specific activities which should be prohibited by species and provide justification(s) 5. Specific activities that should be excepted from any prohibitions because the activity either provides a conservation benefit or does not detract from the conservation of the species and provide justification(s) 6. Existing permitting programs that may already provide for conservation of the species through activity evaluation(s) and permitting processes and provide justification(s) 7. Economic costs and benefits likely to result from the protective regulations. Submit your written comments to NMFS on or before March 16, 2015, online or by US mail. For online submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal regulations.gov or click on regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0158. Then click the Comment Now icon, complete the required fields, and enter or attach your comments. For mail submissions (Reference NOAA-NMFS-2014-0158): For Indo-Pacific corals listed in Table 1 send to: Lance Smith, Protected Resources Division, National Marine Fisheries Service, Pacific Islands Regional Office, NOAA Inouye Regional Center, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818 For Caribbean species listed in Table 2 send to: Stephania Bolden, Protected Resources Division, National Marine Fisheries Service, Southeast Regional Office, 263 13th Avenue South, Saint Petersburg, FL 33701
Posted on: Wed, 21 Jan 2015 21:05:28 +0000
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