Some progress on listing endangered corals.
- Thread starter Mike Johnson
- Start date
Oxylebius
Well-Known Member
Yeah, these are in addition to the other 66 species: http://www.nmfs.noaa.gov/pr/species/invertebrates/corals.htm
The designation of these 66 species has now been pushed back to June 2014. I'm glad they are now soliciting more data on them b/c some of these are in the aquarium trade. If designated under ESA, those of use who own them will have to show proof of purchase to keep them.... and then no more trading or selling of them will be allowed (I've spoken to some NMFS people about this).
The designation of these 66 species has now been pushed back to June 2014. I'm glad they are now soliciting more data on them b/c some of these are in the aquarium trade. If designated under ESA, those of use who own them will have to show proof of purchase to keep them.... and then no more trading or selling of them will be allowed (I've spoken to some NMFS people about this).
swordstool
New Member
Great cause! Show your support people!
Oxylebius
Well-Known Member
There has been a lot posted on this topic on many forums, many questions and concerns, some false info being passed around, and all together much confusion…..
I want to provide an update on what I found out.
There have been two separate petitions to NOAA’s National Marine Fisheries Service (NMFS) (USA Federal Agency) on listing coral species under the Endangered Species Act (ESA).
Two different organizations petitioned the US Federal Government to look into listing many species of coral under ESA. By law if the federal government is petitioned then they have to look into it. The feds don't have a choice, they are mandated to do so under ESA.
The ESA has a process in place for review of any animal petitioned. And includes public comment periods. Research is conducted during several intervals and all findings are provided for public comments.
I’ve been checking in on the process throughout the past year (and have spoken to NMFS staff) and this is where we are now with the two petitions.
1) This is the first petition, submitted published on December 7, 2012. Out of the original 82 coral species, 66 stayed on the list for further review. A decision was supposed to happen this past fall, but NMFS extended the final listing decision by 6 months in order to solicit additional data. They completed their data solicitation efforts by October 2013 and expect to have a final decision in June 2014. Here is the list of corals for your review.
What does this mean? This means that NMFS is currently reviewing the additional data they collected (and public comments). They are reviewing to determine what species in the list above warrant listing under ESA as either endangered or threatened. We need to wait on their decision.
2) This is the second petition: On July 15, 2013, NMFS received a petition to list 81 species as threatened or endangered and designate critical habitat under the Endangered Species Act. NMFS found that the petition presented substantial scientific or commercial information indicating that the petitioned action may be warranted for 3 coral species only:
• Cantharellus noumeae (here are two good sites: Cantharellus noumeae & Cantharellus noumeae)
• Siderastrea glynni (here are two good sites: Siderastrea glynni & Siderastrea glynni)
• Tubastraea floreana (another site: Tubastraea floreana)
For these 3 corals above - What does this mean? This means that NMFS is moving forward and will most likely list these three as either endangered or threatened under the ESA. Based on international info, my guess is that these three are heading for an endangered listing…..They are already listed as such under other entities and the likely chance they are in any of our tank is low, especially those new to the hobby. The chance they are in older tanks is higher, but still low, but there might be a couple of you out there that has them (out of the millions of tanks in the hobby).
A path forward for us keeping reefs in our homes - This section is most relevant to us right now:
http://www.nmfs.noaa.gov/pr/permits/corals.htm
For corals currently maintained, it is your responsibility to demonstrate that the animals were already in captivity before the final listing decision. Please contact NMFS at 301-427-8401 for information on this process.
For those in the US – you need to call and discuss if you have any of these corals in your tanks. Find out how to obtain a permit (which will allow you to legally keep these corals in your tanks).
I suggest reviewing the list of species above and call to discuss.
Plus, by each of us calling, this allows the NMFS office to really understand how many of us own these corals in our tanks (I’m referring to the long list under #1, not the 3 species listed under #2). I really don’t think they realize how many of us own these species….
What you need to do - Please review the list of corals, determine what you have, and give them a call if you think you have one of these coral species. For corals currently maintained, it is your responsibility to demonstrate that the animals were already in captivity before the final listing decision. Please contact NMFS at 301-427-8401 for information on this process.
Why do you need to do this?…. After they are listed it will be against the law to own them in your tank. Based on the info I gathered, permitting after the fact won’t happen unless you can prove a receipt of purchase (w/date) and even then it will be a longer process. Right now it is easier for you to prove you have it, before it is listed (you have it in your tank, take photos, your reef threads are dated, video, etc).
I hope this is helpful for you. You most likely have many, many questions and concerns, my advice - call them. Any more info you get on here may only be hearsay /speculation… unless it comes off the NMFS websites or them.
I want to provide an update on what I found out.
There have been two separate petitions to NOAA’s National Marine Fisheries Service (NMFS) (USA Federal Agency) on listing coral species under the Endangered Species Act (ESA).
Two different organizations petitioned the US Federal Government to look into listing many species of coral under ESA. By law if the federal government is petitioned then they have to look into it. The feds don't have a choice, they are mandated to do so under ESA.
The ESA has a process in place for review of any animal petitioned. And includes public comment periods. Research is conducted during several intervals and all findings are provided for public comments.
I’ve been checking in on the process throughout the past year (and have spoken to NMFS staff) and this is where we are now with the two petitions.
1) This is the first petition, submitted published on December 7, 2012. Out of the original 82 coral species, 66 stayed on the list for further review. A decision was supposed to happen this past fall, but NMFS extended the final listing decision by 6 months in order to solicit additional data. They completed their data solicitation efforts by October 2013 and expect to have a final decision in June 2014. Here is the list of corals for your review.
What does this mean? This means that NMFS is currently reviewing the additional data they collected (and public comments). They are reviewing to determine what species in the list above warrant listing under ESA as either endangered or threatened. We need to wait on their decision.
2) This is the second petition: On July 15, 2013, NMFS received a petition to list 81 species as threatened or endangered and designate critical habitat under the Endangered Species Act. NMFS found that the petition presented substantial scientific or commercial information indicating that the petitioned action may be warranted for 3 coral species only:
• Cantharellus noumeae (here are two good sites: Cantharellus noumeae & Cantharellus noumeae)
• Siderastrea glynni (here are two good sites: Siderastrea glynni & Siderastrea glynni)
• Tubastraea floreana (another site: Tubastraea floreana)
For these 3 corals above - What does this mean? This means that NMFS is moving forward and will most likely list these three as either endangered or threatened under the ESA. Based on international info, my guess is that these three are heading for an endangered listing…..They are already listed as such under other entities and the likely chance they are in any of our tank is low, especially those new to the hobby. The chance they are in older tanks is higher, but still low, but there might be a couple of you out there that has them (out of the millions of tanks in the hobby).
A path forward for us keeping reefs in our homes - This section is most relevant to us right now:
http://www.nmfs.noaa.gov/pr/permits/corals.htm
For corals currently maintained, it is your responsibility to demonstrate that the animals were already in captivity before the final listing decision. Please contact NMFS at 301-427-8401 for information on this process.
For those in the US – you need to call and discuss if you have any of these corals in your tanks. Find out how to obtain a permit (which will allow you to legally keep these corals in your tanks).
I suggest reviewing the list of species above and call to discuss.
Plus, by each of us calling, this allows the NMFS office to really understand how many of us own these corals in our tanks (I’m referring to the long list under #1, not the 3 species listed under #2). I really don’t think they realize how many of us own these species….
What you need to do - Please review the list of corals, determine what you have, and give them a call if you think you have one of these coral species. For corals currently maintained, it is your responsibility to demonstrate that the animals were already in captivity before the final listing decision. Please contact NMFS at 301-427-8401 for information on this process.
Why do you need to do this?…. After they are listed it will be against the law to own them in your tank. Based on the info I gathered, permitting after the fact won’t happen unless you can prove a receipt of purchase (w/date) and even then it will be a longer process. Right now it is easier for you to prove you have it, before it is listed (you have it in your tank, take photos, your reef threads are dated, video, etc).
I hope this is helpful for you. You most likely have many, many questions and concerns, my advice - call them. Any more info you get on here may only be hearsay /speculation… unless it comes off the NMFS websites or them.
Oxylebius
Well-Known Member
Last week NOAA Fisheries announced they will list 20 coral species as threatened under the Endangered Species Act (ESA). Fifteen of the newly listed species occur in the Indo-Pacific and five in the Caribbean. None in Hawaii. No species were listed as endangered.
The announcement reflects changes from the rule to list 66 species proposed in November 2012.
Since that time, many new scientific papers on climate change and coral habitat, distribution, and abundance were published that NOAA was able to consider and incorporate into the final decision. NOAA also considered extensive public comments as part of the final rule making. The new information, provided after the proposed rule was published, strengthened the basis of the final determinations set out in the final regulation.
Useful websites for the listed coral species:
http://www.nmfs.noaa.gov/stories/2014/08/corals_listing.html
http://www.nmfs.noaa.gov/pr/species/invertebrates/corals.htm
Materials and Resources
Final Rule (as delivered)—08/27/14
Final Corals Listing Fact Sheet (PDF)
Final Corals Press Release (PDF)
November 2012 Proposed Corals Listing
Corals Listed Under the ESA
Scientific Permit Information for Corals
So, what does this mean for us who have these corals?
I talked to people at NOAA and this is what I found out:
At this point we are allowed to have all corals, except for those related to the two previously listed elkhorn and staghorn corals from the Caribbean, which have been protected in 2006. So, at this point nothing has changed for us from what it has been.
In the future, NOAA may identify specific regulations for the conservation of these threatened species, because ESA prohibitions against “take” are not automatically applied as they are for species listed as endangered. These corals are listed as threatened, not endangered. So, that means restrictions on harvest and keeping them does not automatically apply. More work on NOAA’s part will have to be done to determine if additional restrictions need to be enforced.
Again, at this point nothing has changed for us from what it has been. You can continue to buy and keep all corals, except for the two acros that were listed in 2006 from the Caribbean. Which aren’t available to buy in the U.S. anyway.
1) Please note: All of this that I just posted corresponds to #1 in my previous post above (1.11.2014 post).
2) We are still waiting on the results of #2 in my previous post above (1.11.2014 post).
3) And here is #3: And there is a new petition... here. NOAA was asked to evaluate fish species as threatened or endangered under ESA. NOAA will move forward evaluating if the orange clownfish (Amphiprion percula) will be listed next, but the remaining six petitioned Indo-Pacific species: The Hawaiian dascyllus (Dascyllus albisella), reticulated damselfish (Dascyllus reticulatus), blue-eyed damselfish (Plectroglyphidodon johnstonianus), black-axil chromis (Chromis atripectoralis), blue-green damselfish (Chromis viridis), and blackbar devil or Dick's damselfish (Plectroglyphidodon dickii) will not be. . To clarify, out of all these fish species, only the percula will undergo more research to determine if it needs protection, all the other fish are off the hook. BTW - this federal register notice is open for public comments if you would like to do so. Deadline to submit public comments is: 11/03/2014.
The announcement reflects changes from the rule to list 66 species proposed in November 2012.
Since that time, many new scientific papers on climate change and coral habitat, distribution, and abundance were published that NOAA was able to consider and incorporate into the final decision. NOAA also considered extensive public comments as part of the final rule making. The new information, provided after the proposed rule was published, strengthened the basis of the final determinations set out in the final regulation.
Useful websites for the listed coral species:
http://www.nmfs.noaa.gov/stories/2014/08/corals_listing.html
http://www.nmfs.noaa.gov/pr/species/invertebrates/corals.htm
Materials and Resources
Final Rule (as delivered)—08/27/14
Final Corals Listing Fact Sheet (PDF)
Final Corals Press Release (PDF)
November 2012 Proposed Corals Listing
Corals Listed Under the ESA
Scientific Permit Information for Corals
So, what does this mean for us who have these corals?
I talked to people at NOAA and this is what I found out:
At this point we are allowed to have all corals, except for those related to the two previously listed elkhorn and staghorn corals from the Caribbean, which have been protected in 2006. So, at this point nothing has changed for us from what it has been.
In the future, NOAA may identify specific regulations for the conservation of these threatened species, because ESA prohibitions against “take” are not automatically applied as they are for species listed as endangered. These corals are listed as threatened, not endangered. So, that means restrictions on harvest and keeping them does not automatically apply. More work on NOAA’s part will have to be done to determine if additional restrictions need to be enforced.
Again, at this point nothing has changed for us from what it has been. You can continue to buy and keep all corals, except for the two acros that were listed in 2006 from the Caribbean. Which aren’t available to buy in the U.S. anyway.
1) Please note: All of this that I just posted corresponds to #1 in my previous post above (1.11.2014 post).
2) We are still waiting on the results of #2 in my previous post above (1.11.2014 post).
3) And here is #3: And there is a new petition... here. NOAA was asked to evaluate fish species as threatened or endangered under ESA. NOAA will move forward evaluating if the orange clownfish (Amphiprion percula) will be listed next, but the remaining six petitioned Indo-Pacific species: The Hawaiian dascyllus (Dascyllus albisella), reticulated damselfish (Dascyllus reticulatus), blue-eyed damselfish (Plectroglyphidodon johnstonianus), black-axil chromis (Chromis atripectoralis), blue-green damselfish (Chromis viridis), and blackbar devil or Dick's damselfish (Plectroglyphidodon dickii) will not be. . To clarify, out of all these fish species, only the percula will undergo more research to determine if it needs protection, all the other fish are off the hook. BTW - this federal register notice is open for public comments if you would like to do so. Deadline to submit public comments is: 11/03/2014.
sirrealism
Well-Known Member
Thank you for all you work on this subject. There has been panic everywhere about this. Glad to know we dont have to stress it at the moment.
ReefApprentice
Well-Known Member
Glad to hear they shortened the list. There was 2 name that caught my eye though...Banggai cardinalfish (Pteropogon kauderni) and Coelacanth(Latimeria chalumnae). The first one is understandable because they are overfished a lot although if I remember correctly we don't know much but the stability if the population of coelacanth.:rollingey
Oxylebius
Well-Known Member
Yeah well, I' have some of these corals so I was watching this closely for personal reasons. In addition, over this past year I've seen some out and out false information being shared and crazy speculation, so I was determined to educate myself on it. Glad you found it helpful.
What I have done is kept all receipts of corals I bought since I found out about this. There are some valid unknowns, like how protection will be enforced and what will happen if you have a listed coral. NMFS said that if you can prove that you had the coral prior to listing then you can essentially be grandfathered in, but there will still be restrictions on selling or trading, you won't be able to sell or trade that coral, or frags from it. But, you can keep your coral. So my advice is keep all receipts of corals purchased. And now it looks like we will need to keep receipts of fish also
h: Luckily it is easy to file away online orders in emails. I'm also happy they shortened the list. As you are probably aware, for some corals sps, it is hard to ID them down to the species level w/o either DNA or looking closely at the skeleton, frags sometimes they look like one coral and then as they grow you find out they are something else, and they also change colors under different lights and minerals in the tank... so how are we suppose to be able to properly ID them? I've posed some of these questions, but didn't really get straight answers.
I think corals are a different beast compared to other species that have been protected under ESA. Lots of additional things to consider.
The coelacanth, that is an interesting one indeed. You can find them in street fish markets in Madagascar, odd looking fish that is eaten locally. Prehistoric!
Oxylebius
Well-Known Member
And more info for #3 that I mentioned above.
http://www.advancedaquarist.com/blo...s-review-of-percula-clownfish-for-esa-listing
Advanced Aquarist Article: NMFS seeks public comments for status review of Percula clownfish for ESA listing
"The United States National Marine Fisheries Service (NMFS) is soliciting scientific comments to help assess the threat to the iconic clownfish, Amphiprion percula. Advanced Aquarist provides more information and offers our thoughts on this important issue."
"What this means for aquarists
The results of the review process could lead to three possible outcomes:
1) NMFS finds, after review, that percula clowns do not warrant any protection status. The process ends here.
2) NMFS lists percula clownfish as Threatened. Threatened status will likely have no immediate impact on aquarists, but it is possible that the NMFS recommends specific prohibitions for percula clownfish at the time of its determination.
3) NMFS lists percula clownfish as Endangered. We believe this outcome is unlikely. However, should NMFS determine otherwise, this outcome would have very dramatic and immediate effects on the marine aquarium hobby. It is illegal to trade or own any species protected by the ESA as Endangered. This would mean it will become illegal to import, breed, sell, purchase, or own percula clownfish, one of the most recognizable marine species kept by aquarists. The ESA sets strict "all or nothing" regulatory policies. In other words, don't expect special exemptions for captive-bred specimens.
Note: The ESA is a United States legislation with jurisdiction only within the USA. However, international treaties such as CITES takes guidance from other conservation entities like the IUCN and ESA, so this issue has greater potential scope than just the United States."
What can aquarists do?
Lots of suggestions in the article. Read it here:
http://www.advancedaquarist.com/blo...s-review-of-percula-clownfish-for-esa-listing
Oxylebius
Well-Known Member
Article with photos of the six commonly found corals in our tanks that are now listed as "threatened": Meet 6 of the corals that are in danger of becoming illegal
http://reefbuilders.com/2014/09/18/meet-5-corals-danger-illegal/
http://reefbuilders.com/2014/09/18/meet-5-corals-danger-illegal/
Dracko
Well-Known Member
Is there a list or forum anywhere that can notify us when petitions are made available for signing, that are aimed at protecting our coral reefs. I know that in Australia they are fighting with the coal industry over the dumping of waste soil and refuse into the ocean. I'm sure the would love the help of a bunch of ticked off Americans.
Oxylebius
Well-Known Member
More progress on this activity - published in the federal register yesterday: http://www.gpo.gov/fdsys/pkg/FR-2015-01-13/pdf/2015-00366.pdf
The National Marine Fisheries Service (NMFS), are considering proposing protective regulations to provide for the conservation of the 20 coral species recently listed as threatened under the Endangered Species Act (ESA).
Fifteen of the listed species occur in the IndoPacific and five occur in the Caribbean. This list of corals, which includes those in the aquarium trade are listed on the link above.
The Fishery Service (NMFS) is soliciting information from other agencies and the public that will help them determine what, if any, protective regulations are necessary and advisable for the conservation of these 20 newly listed coral species.
This includes information that will help them understand and analyze impacts of various activities, the existence and efficacy of ongoing conservation activities, and prohibitions that are both necessary and advisable to reduce threats and amenable to management for the conservation of these 20 coral species.
Specifically, they are soliciting information including the following:
(1) Current or planned activities within the range of these species and their possible impact on these species;
(2) impacts within the species’ ranges that fall within any of the nine major threat categories: Ocean warming, disease, ocean acidification, sea-level rise, nutrient enrichment, sedimentation, predation, trophic effects of fishing, and collection and trade;
(3) information on which of the section 9(a)(1) prohibitions on take are necessary and advisable for the conservation of these species, with associated justification;
(4) specific activities that should be prohibited for the conservation of the 20 coral species, with associated justification;
(5) specific activities that should be excepted from any prohibitions that may be applied because they either provide a conservation benefit or do not detract from the conservation of these species, with associated justification;
(6) existing permitting programs that may already provide for the conservation of listed corals through their activity evaluation and permitting process, with associated justification; and
(7) the economic costs and benefits likely to result from protective regulations
Directions on how to submit public comments are on the link above.
Why is this important to know, you ask?
Well, as stated in this link, the regulations placed on these corals may include any or all of the prohibitions in ESA section 9(a)(1) that apply automatically to endangered. Those section 9(a)(1) prohibitions make 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 1533 of this title and promulgated by the Secretary pursuant to authority provided by this chapter.’’
Section 11 of the ESA provides for civil and criminal penalties for violations of section 9 or regulations issued under the ESA.
The National Marine Fisheries Service (NMFS), are considering proposing protective regulations to provide for the conservation of the 20 coral species recently listed as threatened under the Endangered Species Act (ESA).
Fifteen of the listed species occur in the IndoPacific and five occur in the Caribbean. This list of corals, which includes those in the aquarium trade are listed on the link above.
The Fishery Service (NMFS) is soliciting information from other agencies and the public that will help them determine what, if any, protective regulations are necessary and advisable for the conservation of these 20 newly listed coral species.
This includes information that will help them understand and analyze impacts of various activities, the existence and efficacy of ongoing conservation activities, and prohibitions that are both necessary and advisable to reduce threats and amenable to management for the conservation of these 20 coral species.
Specifically, they are soliciting information including the following:
(1) Current or planned activities within the range of these species and their possible impact on these species;
(2) impacts within the species’ ranges that fall within any of the nine major threat categories: Ocean warming, disease, ocean acidification, sea-level rise, nutrient enrichment, sedimentation, predation, trophic effects of fishing, and collection and trade;
(3) information on which of the section 9(a)(1) prohibitions on take are necessary and advisable for the conservation of these species, with associated justification;
(4) specific activities that should be prohibited for the conservation of the 20 coral species, with associated justification;
(5) specific activities that should be excepted from any prohibitions that may be applied because they either provide a conservation benefit or do not detract from the conservation of these species, with associated justification;
(6) existing permitting programs that may already provide for the conservation of listed corals through their activity evaluation and permitting process, with associated justification; and
(7) the economic costs and benefits likely to result from protective regulations
Directions on how to submit public comments are on the link above.
Why is this important to know, you ask?
Well, as stated in this link, the regulations placed on these corals may include any or all of the prohibitions in ESA section 9(a)(1) that apply automatically to endangered. Those section 9(a)(1) prohibitions make 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 1533 of this title and promulgated by the Secretary pursuant to authority provided by this chapter.’’
Section 11 of the ESA provides for civil and criminal penalties for violations of section 9 or regulations issued under the ESA.