Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 147 / Wednesday, August 4, 2021 / Proposed Rules DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 223
RTID 0648XB130

Receipt of Receipt of a Petition To Issue Protective Regulations for Banggai Cardinalfish Under Endangered Species Act National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Receipt of petition for rulemaking; request for information.
AGENCY:

We, NMFS, announce receipt of a petition to promulgate a rulemaking under the Endangered Species Act ESA to provide for the conservation of the Banggai cardinalfish Pterapogon kauderni. Specifically, the petition requests that we extend the prohibitions of the ESA to this species, including prohibitions on import, export, and all commercial activities for both wild and captive-bred populations. We solicit information and comments that may be relevant to our analysis of protective regulations.
DATES: Written comments and information must be received by October 4, 2021.
ADDRESSES: You may submit information on this document, identified by NOAANMFS20210060, by the following method:
Electronic Submission: Submit electronic information via the Federal eRulemaking Portal. Go to www.regulations.gov and enter NOAA
NMFS20210060. Click on the Comment icon and complete the required fields. Enter or attach your comments.
Instructions: Comments sent by any other method or received after the end of the specified period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change.
All personal identifying information e.g., name, address, etc., confidential business information, or otherwise sensitive or protected information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous submissions enter N/A in the required fields if you wish to remain anonymous. Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe portable electronic file PDF formats only.

lotter on DSK11XQN23PROD with PROPOSALS1

SUMMARY:

VerDate Sep<11>2014

16:17 Aug 03, 2021

Jkt 253001

The petition and previous rulemaking documents related to the listing of the species can be obtained electronically on the NMFS website at: https
www.fisheries.noaa.gov/species/
banggai-cardinalfishconservationmanagement.
FOR FURTHER INFORMATION CONTACT:
Stephania Bolden by phone at 727 551
5768 or email at Stephania.Bolden@
noaa.gov; or Erin Markin by phone at 301 4278416 or email at Erin.Markin@noaa.gov, NMFS, Office of Protected Resources.
SUPPLEMENTARY INFORMATION:
Background Section 4d of the ESA provides that, whenever a species is listed as threatened, the Secretary of Commerce Secretary shall issue such regulations as the Secretary deems necessary and advisable to provide for the conservation of the species 16 U.S.C.
1533d. Under section 4d, the Secretary may by regulation extend to any threatened species any or all of the prohibitions in ESA section 9a1, which apply automatically to fish or wildlife species listed as endangered 16
U.S.C. 1538a1. Section 9a1 makes it unlawful, with limited specified exceptions, for any person subject to the jurisdiction of the United States to: A
Import any such species into, or export any such species from the United States;
B take any such species within the United States or the territorial sea of the United States; C take any such species upon the high seas; D possess, sell, deliver, carry, transport, or ship, by any means whatsoever, any such species taken in violation of subparagraphs B
and C; E deliver, receive, carry, transport, or ship in interstate or foreign commerce, by any means whatsoever and in the course of a commercial activity, any such species; F sell or offer for sale in interstate or foreign commerce any such species; or G
violate any regulation pertaining to such species or to any threatened species of fish or wildlife listed pursuant to section 4 of the ESA and promulgated by the Secretary pursuant to authority provided by the ESA.
On January 20, 2016, we published a final rule listing Banggai cardinalfish as threatened under the ESA 81 FR 3023.
The final listing rule provides a summary of our conclusions regarding the threats to the species, and the 2015
status review summarized the scientific information that informed the listing decision. These documents are available on the NMFS website see ADDRESSES.
On March 29, 2021, we published a notice announcing the initiation of a 5-

PO 00000

Frm 00029

Fmt 4702

Sfmt 4702

41935

year review of the Banggai cardinalfish and requested information on the species, particularly information on the status, threats, and recovery of the species that has become available since its listing 86 FR 16326. On the basis of this review, as required under section 4c2B of the ESA, we will determine whether the listing classification for this species remains accurate, or whether the species should be reclassified from threatened to endangered or delisted 16 U.S.C. 1533c2B.
Information in the Petition On April 22, 2021, we received a petition from the Center for Biological Diversity, Animal Welfare Institute, and the Defenders of Wildlife requesting we promulgate a rulemaking under section 4d of the ESA to provide for the conservation of the Banggai cardinalfish. The petition states that the Banggai cardinalfish are particularly vulnerable to extinction from collection for the aquarium trade, and that since the species listing in 2016, populations have continued to decline, with collection from the wild still occurring to supply the aquarium trade. The petition also alleges the ecosystem the Banggai cardinalfish depend on is becoming unsuitable due to loss of key microhabitat species corals, sea urchins, and sea anemones, coral bleaching events, and climate change.
The petition states that between the loss of habitat and the decrease in the species population abundance and fitness resulting from decades of overexploitation, Banggai cardinalfish cannot withstand continued, high levels of take from the wild. The petition concludes that an ESA section 4d rule is both necessary and advisable for the conservation of the species, and requests that we initiate rulemaking, specifically recommending we apply the prohibitions under ESA sections 9a1A and 9a1E through 9a1G see Background and require a threatened species permit for import or export of specimens, products, and live Banggai cardinalfish, including for introduced populations and captivebred fish unless accompanied by a preAct Certificate of Exemption 50 CFR
222.201222.205. The petition is available on the NMFS website see ADDRESSES.
Information Solicited NMFS will consider public comments and information received in evaluating the request by the petitioners see DATES
and ADDRESSES. In addition to comments and information pertaining to any aspect of the petition, NMFS

E:FRFM04AUP1.SGM

04AUP1