Pillar Coral Permitting under the Endangered Species Act

Webinars about potential pillar coral permitting 

NOAA Fisheries held two webinars to discuss Endangered Species Act (ESA) Section 10(a)(1)(A) permits for pillar coral restoration and research in case the species is reclassified as endangered. The same information was presented on the following dates and times:

Tuesday, April 16, 2024, 3:00 – 4:30 pm EDT and

Friday, April 19, 2024, 2:00 – 3:30 pm EDT

View presentation slides for April 19th webinar

What is the current status of pillar coral? 

Pillar coral (Dendrogyra cylindrus) was listed as threatened in 2014 because of its susceptibility to multiple threats, including ocean warming, ocean acidification, disease, nutrient enrichment, sedimentation, trophic effects of fishing, and inadequate regulatory mechanisms to address global threats. Since then, pillar coral has experienced substantial population decline, primarily due to its high susceptibility to stony coral tissue loss disease, which has emerged as a devastating and deadly new disease.

In August 2023, NOAA Fisheries published a proposed rule to change the status of pillar coral from threatened to endangered.  A final decision whether to reclassify pillar coral as endangered is expected by August 29, 2024. If pillar coral is reclassified as endangered, the final rule would indicate when its endangered status becomes effective (generally 30 days after publication of the final rule).

What would an endangered listing mean?

If pillar coral is reclassified as endangered, certain activities would be prohibited under Section 9 of the ESA.  These prohibited activities would include but are not limited to:

If pillar coral is reclassified as endangered, certain activities would be prohibited under Section 9 of the ESA.  These prohibited activities would include but are not limited to:

• “Taking” of the species. “Take” is defined under the ESA as “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to engage in any such conduct.”
• Importing 
• Exporting 
• Engaging in foreign or interstate commerce 

These prohibitions would apply to all persons subject to the jurisdiction of the United States, including in the United States, its territorial sea, or on the high seas. 

Will I need a permit to conduct activities on pillar coral if the species is reclassified as endangered?

Any research or restoration activities that may result in take, import, or export of pillar coral would require an ESA Section 10(a)(1)(A) permit if the species is listed as endangered. See below for additional guidance.

The following activities would likely require an ESA permit for scientific research and/or enhancement if pillar coral are reclassified as endangered:

• Collecting pillar coral colonies, fragments, tissue samples, and gametes, from the wild 
• Harming captive pillar coral through potentially injurious research outside the bounds of normal husbandry practices 
• Removing, relocating, or reattaching pillar coral in the wild
• Conducting research activities on wild pillar coral involving manipulation such as novel treatments or tissue sampling
• Releasing captive pillar coral into the wild such as outplantings for restoration
• Importing and exporting pillar coral, unless the coral were already in captivity prior to a reclassification to endangered status

The following activities would not likely require an ESA permit for scientific research and/or enhancement if pillar coral are reclassified as endangered:

• Continuing to possess pillar coral parts or live pillar coral that were in captivity (in a controlled environment or under human care in ocean-based nurseries) at the time of up-listing to an endangered species, including progeny produced after reclassification
• Providing normal husbandry care to captive coral including:
  • Handling
  • Cleaning
  • Maintaining water quality
  • Extracting tissue for diagnostics or genetics 
  • Treating maladies using established methods 
  • Propagating (via sexual or asexual reproduction, including fragmenting)
  • Attaching to artificial surfaces
  • Removing dead skeleton
• Transporting (interstate and intrastate) legally-obtained captive pillar coral and pillar coral parts provided it is not in the course of a commercial activity
• Conducting studies intended to improve husbandry practices and that would not cause harm to pillar coral (e.g., trialing new food supplements, comparing different lighting systems, testing different attachment substrates)
• Conducting research, such as observational studies, on pillar coral in the wild that do not involve collections or manipulation of pillar corals or of their environment
• Treating wild pillar coral for disease by experienced individuals using non-experimental methods proven to be effective and as authorized by state and territorial permits

If you are uncertain whether your activities may require an ESA permit if pillar coral are reclassified as endangered, please contact us at nmfs.pr1.apps@noaa.gov.

Do I need a permit to possess and care for pillar coral that were in captivity prior to a change to endangered status?

No, you would not need a permit to continue to possess live pillar coral in captivity or pillar coral parts (e.g., preserved samples or skeletons) that were in captivity if the species is reclassified, provided certain criteria are met. Providing normal husbandry care of live pillar coral held in captivity would not require a permit. We recommend that you submit information to NOAA Fisheries (Alison Moulding, 727–551–5607, alison.moulding@noaa.gov) regarding any pillar coral in your care to establish your claim of possession. 

Endangered coral or its parts (living and dead) may not be commercially bought, sold, or traded. 

You may apply for a Letter of Determination for pillar coral in your custody if the species is reclassified as endangered.  Please note that a Letter of Determination is required for import and export activities, but not for possession of living or dead coral or coral parts.     

Can I import/export pillar coral parts or live pillar coral that were in captivity prior to a change to endangered status?

Yes, pillar coral parts (including preserved samples) or live pillar coral in captivity prior to a reclassification to endangered status may be imported to and exported from the United States with a Letter of Determination provided certain criteria are met. International shipments will require a permit from the exporting country under the Convention on International Trade in Endangered Species of Wild Fauna and Flora. For further information regarding CITES permitting, please contact the U.S. Fish and Wildlife Service, Division of Management Authority, Branch of Permits by phone (1-800-358-2104) or email managementauthority@fws.gov. 

You may transport legally-obtained pillar coral or pillar coral parts between and within (interstate and intrastate) U.S. states and U.S. territories (e.g. Puerto Rico and the U.S. Virgin Islands) without an ESA permit or a Letter of Determination, as long as the transport is not in the course of a commercial activity.  

What should I do with pillar coral that dies in captivity?

Disposal of pillar coral that dies in captivity does not need an ESA permit or Letter of Determination. You may dispose of coral remains in accordance with standard operating procedures.  Please remember that skeletons of deceased corals are regulated and may not enter into interstate and foreign commerce (selling, buying, or trading).  

Do I need to apply for an ESA Section 10(a)(1)(A) permit now? 

Yes, it is in your best interest to apply for a permit now, if your activities would require a permit if the species is up-listed and take, import, or export may occur (see above). The process to review and issue an ESA permit takes several months. This timeline includes publishing a Federal Register notice for a 30-day public comment period and conducting analyses under Section 7 of the ESA and the National Environmental Policy Act (NEPA). 

If pillar corals are reclassified as endangered, the final rule will state when the prohibitions will become effective (usually 30 days after the publication of the final rule). The final rule is expected by August 29, 2024. We are asking that you apply now so that we can frontload the application process. We want researchers and restoration practitioners to have permit coverage so you can continue conservation efforts if pillar coral is reclassified as endangered.  

How and when should I apply for a permit?

We recommend you use these instructions (DOCX, 36 pages) to draft your permit application.  You can fill out this take table (XLSX, 3 pages) and include it with your application. You can use our Qualifications Form (DOCX, 7 pages) to demonstrate the qualifications and experience of the Principal Investigator and each Co-Investigator. We have created an example for a coral researcher, which can be found at the end of the form. 

We recommend that you submit an application to nmfs.pr1.apps@noaa.gov by May 15, 2024, if you will be conducting:

• Emergency response or restoration activities, or
• Activities planned or ongoing in Fall or Winter 2024 that would require a permit (see above).

We want to avoid a scenario where pillar coral is listed as endangered and activities that cause take are prohibited, but you don’t have permit coverage to continue your projects. 

If you cannot meet this deadline or have questions, please contact us at nmfs.pr1.apps@noaa.gov.

Could an agency or entity apply for an umbrella permit?

Yes, we encourage individuals/groups that are working on the same project, working at the same institution, or under the same funding to consider applying together to work under one permit.  Please contact us at nmfs.pr1.apps@noaa.gov if you would like to discuss your options for your particular scenario.

How large of an area in the wild can I request to work in?

There is no limit to the size or extent of the area in the marine environment that you may request.  You are required to submit a map with your application that shows the locations of all activities in the wild.  Keep in mind that larger areas may require more analysis under Section 7 of the ESA and the National Environmental Policy Act of the potential impacts to more protected species and habitats. This may increase the time it takes to process your application depending on the complexity of your request.

What happens after an application is submitted?

Permit Processing

1. After submitting your application to NOAA Fisheries via nmfs.pr1.apps@noaa.gov, two permit analysts will be assigned to review the application.
2. Following the initial review, you may be asked for additional information. You should address any questions on the application within 60 days, or your application will be considered abandoned.
3. Once the application is determined to be complete, we will publish a notice in the Federal Register, which starts a mandatory 30-day public comment period. We will also send your application to subject matter experts (e.g., partner institutions, federal agencies, and state organizations) for review. 
4. You may be asked to address any questions received during the comment period.
5. Analysts will prepare analyses required under Section 7 of the ESA and NEPA during this process.  The ESA Section 7 consultation may take at least 135 days. For pillar coral, we plan to prepare a programmatic consultation that would cover the majority of activities that would require an ESA permit within the permitting program.
6. A final decision on your application will be made by the Office Director, if the species is reclassified as endangered.

How long are permits good for?

An ESA 10(a)(1)(A) permit may be valid for up to 10 years. We recommend that you consider the duration that best suits your objectives, plans, and funding.  You may want to ask for 10 years if you are conducting work of a continuing nature, such as restoration, that has no intended end date.  If you have questions about your specific situation, please contact us for guidance.

What happens after a permit is issued? 

If your permit is issued: you will need to sign your permit and return a copy of the signature page.

Regional Notification: you will be required to notify the NOAA Fisheries Southeast Regional Office 2 weeks prior to starting your field work each year or season.

Reporting: each year that your permit is valid, you will be required to submit an annual report. Reports can be submitted via APPS, our online application system. Learn more about reporting requirements. While reporting information for other permitting agencies may be included in your annual report, it will not satisfy our ESA reporting requirements.  The report is designed to demonstrate how you complied with the terms of your Section 10 permit and the ESA.

Changes to your permit: you can request changes to your permit once it has been issued. Minor changes like adding or deleting personnel are simple and can be done quickly. Changes such as adding species, increasing numbers, or expanding your study area, are more involved and will likely require a 30-day comment period and could take 6-12 months to process. Changes can be requested via APPS.