View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOC/NOAA RIN: 0648-BG26 Publication ID: Fall 2023 
Title: Designation of Critical Habitat for the Threatened Caribbean Corals 

NMFS listed 5 Caribbean corals as threatened under the Endangered Species Act on October 10, 2014.  Critical habitat shall be designated to the maximum extent prudent and determinable at the time a species is proposed for listing (50 CFR 424.12). We concluded that critical habitat was not determinable for the 5 corals at the time of listing. However, we anticipated that critical habitat would be determinable in the future given on-going research. We, therefore, announced in the final listing rules that we would propose critical habitat in separate rulemakings. This rule proposes to designate critical habitat for the 5 Caribbean coral species listed in 2014.  A separate proposed critical habitat rule is being prepared for the 15 Indo-Pacific corals listed as threatened in 2014. The proposed designation for the Caribbean corals may include marine waters in Florida, Puerto Rico, US Virgin Islands, Navassa Island, and Flower Garden Banks containing essential features that support all stages of life history of the corals.  The proposed rule is not likely to have an annual effect on the economy of $100 million or more or adversely affect the economy. NMFS has contacted the Departments of the Navy, Air Force, and Army as well as the U.S. Coast Guard requesting information related to potential national security impacts that may result from the critical habitat designation.  Based on information provided, we concluded that there will be an impact on national security in only 1 area offshore Dania Beach, FL, and will propose to exclude it from the designations.

Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 226   
Legal Authority: 16 U.S.C. 1531 et seq.   
Legal Deadline:
Action Source Description Date
NPRM  Judicial  Court settlement agreement. Submission of the proposed rule to the Federal Register October 6, 2020.  10/06/2020 
Final  Statutory  ESA Sec. 4(b)(6)(A) requires the Final Rule be published in the Federal Register within one year of the date of the proposed rule.  11/27/2021 
Action Date FR Cite
NPRM  11/27/2020  85 FR 76302   
NPRM Comment Period End  01/26/2021 
Final Rule  08/09/2023  88 FR 54026   
Final Action Effective  09/08/2023 
Correction  11/00/2023 
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Related RINs: Related to 0648-BJ52 
Agency Contact:
Kim Damon-Randall
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400