NOTICE OF PETITION
Center for Biological Diversity370 Grand Ave. Suite 5Oakland, CA 94610(510) 663-0616Contact: Brent Plater Petitioner Center for Biological Diversity (“CBD”) formally requests that the NationalOceanic and Atmospheric Administration Fisheries Office (NOAA Fisheries) list
(Staghorn Coral), and
(Fused-Staghorn Coral) as endangered species under the federalEndangered Species Act.
In the alternative, petitioner formally requests that NOAAFisheries list
asthreatened species under the ESA. In either case, CBD requests that critical habitat bedesignated concurrent with the listing designation.Existing measures already in place for protecting these species are both insufficient andineffective in curbing the dramatic and disturbing losses documented herein. This petition discusses the factors contributing to the decline of these species. It also reviewsthe taxonomy, biology, and natural history of these coral species, as well as the factors NOAA Fisheries must consider in making a listing determination and designating criticalhabitat.This petition is filed under § 553(e) of the Administrative Procedure Act,
§ 1533(b)(3)of the ESA, and 50 C.F.R. § 424.14(b). Because
is classified in the order Scleractinia, NOAA Fisheries has jurisdiction over this petition.
This petition sets inmotion a specific administrative process as defined by § 1533(b)(3) and 50 C.F.R. §424.14(b), placing mandatory response requirements on NOAA Fisheries.The Center for Biological Diversity is a non-profit environmental organization dedicatedto protecting endangered species and wild places through science, policy, education, andenvironmental law. CBD submits this petition on its own behalf and on behalf of itsmembers and staff, with an interest in protecting these coral species and their habitat.
16 U.S.C. §§1531-1544 [hereinafter ESA].
5 U.S.C. §§551-559 [hereinafter APA].
Memorandum of Understanding between the USFWS & NMFS Regarding Jurisdictional Responsibilitiesand Listing Procedures under the ESA (1974).