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DOC/NOAA RIN: 0648-BL87 Publication ID: Fall 2023 
Title: Rulemaking to Establish Take Prohibitions for the Threatened Banggai Cardinalfish (Pterapogon Kauderni) 

Under section 4(d) of the Endangered Species Act (ESA), the Secretary of Commerce (Secretary) shall issue regulations they deem necessary and advisable for the conservation of species listed as threatened. The Secretary may also apply any of the prohibitions in section 9(a)(1) of the ESA, including prohibiting import, export, take, and interstate commerce. This proposed ESA 4(d) rule would issue regulations for the threatened Banggai cardinalfish (Pterapogon kauderni). On March 29, 2021, we published a notice announcing the initiation of a 5-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). The five-year review was completed on October 28, 2021, and is posted on our website ( 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 rule under section 4(d) of the ESA to provide for the conservation of the Banggai cardinalfish. We published a notice of receipt of the petition and request for comments, on August 4, 2021 (86 FR 41935).

Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 223   
Legal Authority: 16 U.S.C. 1533   
Legal Deadline:  None
Action Date FR Cite
NPRM  08/15/2023  88 FR 55431   
NPRM Comment Period End  10/16/2023 
NPRM Extended  10/17/2023  88 FR 71523   
NPRM Extended Comment Period End  12/15/2023 
Final Action  01/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
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