[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Proposed Rules]
[Pages 51615-51617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20544]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 0808201128-81129-01]
RIN 0648-XJ97
Endangered and Threatened Wildlife; Notice of 90-Day Finding on a
Petition to List the Three Ice Seal Species as a Threatened or
Endangered Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of 90-day petition finding; request for information.
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SUMMARY: We (NMFS) announce a 90-day finding on a petition to list
three ice seal species, [ringed (Phoca hispida), bearded (Erignathus
barbatus), and spotted (Phoca largha)] as threatened or endangered
under the Endangered Species Act (ESA). Although the petition
identifies ringed seals as Pusa hispida, at this time we believe that
the ringed seal is more properly identified as Phoca hispida. We find
that the petition presents substantial scientific or commercial
information indicating that the petitioned action of listing the ice
seals may be warranted. Therefore, we have initiated status reviews of
the ice seals to determine if listing under the ESA is warranted. To
ensure these status reviews are comprehensive, we are soliciting
scientific and commercial information regarding all of these ice seal
species.
DATES: Information and comments must be submitted to NMFS by November
3, 2008.
ADDRESSES: You may submit comments, information, or data, identified by
the Regulation Identifier Number (RIN), 0648-XJ97, by any of the
following methods:
[[Page 51616]]
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal: http://www.regulations.gov,
Mail: Assistant Regional Administrator, Protected Resource
Division, NMFS, Alaska Regional Office, P.O. Box 21668, Juneau, Alaska
99802-1668,
Facsimile (fax): (907) 586-7012.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter N/A in the required fields, if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only
interested persons may obtain a copy of the ice seal petition from the
above address or online from the NMFS Alaska Region website: http://www.fakr.noaa.gov/protectedresources/seals/ice.htm.
FOR FURTHER INFORMATION CONTACT: James Wilder, NMFS Alaska Region,
(907) 271 6620; Kaja Brix, NMFS Alaska Region, (907) 586-7235; or Marta
Nammack, NMFS, Office of Protected Resources, (301) 713-1401.
SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the ESA (16 U.S.C.
1531 et seq.) requires, to the maximum extent practicable, that within
90 days of receipt of a petition to designate a species as threatened
or endangered, the Secretary of Commerce (Secretary) make a finding on
whether that petition presents substantial scientific or commercial
information indicating that the petitioned action may be warranted.
Joint ESA-implementing regulations between NMFS and U.S. Fish and
Wildlife Service (50 CFR 424.14) define ``substantial information'' as
the amount of information that would lead a reasonable person to
believe that the measure proposed in the petition may be warranted.
In making a finding on a petition to list a species, the Secretary
must consider whether the petition: (i) clearly indicates the
administrative measure recommended and gives the scientific and any
common name of the species involved; (ii) contains a detailed narrative
justification for the recommended measure, describing, based on
available information, past and present numbers and distribution of the
species involved and any threats faced by the species; (iii) provides
information regarding the status of the species over all or a
significant portion of its range; and (iv) is accompanied by the
appropriate supporting documentation in the form of bibliographic
references, reprints of pertinent publications, copies of reports or
letters from authorities, and maps (50 CFR 424.14(b)(2)). To the
maximum extent practicable, this finding is to be made within 90 days
of the date the petition was received, and the finding is to be
published promptly in the Federal Register. When it is found that
substantial information is presented in the petition, we are required
to promptly commence a review of the status of the species concerned.
Within 1 year of receipt of the petition, we shall conclude the review
with a finding as to whether the petitioned action is warranted.
Under the ESA, a listing determination may address a species,
subspecies, or a distinct population segment (DPS) of any vertebrate
species which interbreeds when mature (16 U.S.C. 1532(16)). A joint
NOAA-USFWS policy clarifies the agencies' interpretation of the phrase
``distinct population segment of any species of vertebrate fish or
wildlife'' (ESA section 3(16)) for the purposes of listing, delisting,
and reclassifying a species under the ESA (61 FR 4722; February 7,
1996). The joint DPS policy establishes two criteria that must be met
for a population or group of populations to be considered a DPS: (1)
the population segment must be discrete in relation to the remainder of
the species (or subspecies) to which it belongs; and (2) the population
segment must be significant to the remainder of the species (or
subspecies) to which it belongs. A population segment may be considered
discrete if it satisfies either one of the following conditions: (1) it
is markedly separated from other populations of the same biological
taxon as a consequence of physical, physiological, ecological, or
behavioral factors (quantitative measures of genetic or morphological
discontinuity may provide evidence of this separation); or (2) it is
delimited by international governmental boundaries across which there
is a significant difference in exploitation control, habitat
management, conservation status, or if regulatory mechanisms exist that
are significant in light of section 4(a)(1) (D) of the ESA. If a
population is determined to be discrete, the agency must then consider
whether it is significant to the taxon to which it belongs.
Considerations in evaluating the significance of a discrete population
include: (1) persistence of the discrete population in an unusual or
unique ecological setting for the taxon; (2) evidence that the loss of
the discrete population segment would cause a significant gap in the
taxon's range; (3) evidence that the discrete population segment
represents the only surviving natural occurrence of a taxon that may be
more abundant elsewhere outside its historical geographic range; or (4)
evidence that the discrete population has marked genetic differences
from other populations of the species. A species, subspecies, or DPS is
``endangered'' if it is in danger of extinction throughout all or a
significant portion of its range, or ``threatened'' if it is likely to
become endangered within the foreseeable future throughout all or a
significant portion of its range (ESA sections 3(6) and 3(20),
respectively).
Background
On March 28, 2008, we issued a 90-day finding in response to a
petition to list the ribbon seal as threatened or endangered (73 FR
16,617). We found that the petition presented substantial scientific or
commercial information indicating that the petitioned action may be
warranted. We therefore initiated a status review for the ribbon seal.
Concurrent with that decision, we announced that we were also
initiating a status review of three other ice seals (ringed, bearded,
and spotted).
On May 28, 2008, we received a petition from the Center for
Biological Diversity to list three species of ice seals (ringed,
bearded, spotted) as threatened or endangered species under the ESA.
The petitioner also requested that critical habitat be designated for
ice seals concurrent with listing under the ESA. As described in this
petition, the spotted seal is monotypic. The bearded seal contains two
currently recognized subspecies, and the ringed seal contains five
currently recognized subspecies: Phoca hispida hispida, Phoca hispida
botnica, Phoca hispida ochotensis, Phoca hispida ladogensis, and Phoca
hispida saimensis. Although the petition identifies ringed seals as
Pusa hispida, we believe that the ringed seal is more properly
identified as Phoca hispida. According to the petitioner, each of these
subspecies meets the definition of a ``species'' eligible for listing
under the ESA. In the event that we do not find that the entire species
of ringed seal or bearded seal meets the requirements for listing, the
petitioner requests that we evaluate whether each subspecies of bearded
and ringed seals is eligible for listing. In the event that
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we do not recognize the taxonomic validity of the bearded and ringed
seal subspecies or the spotted seal species as described in this
petition, the petitioner requests that we evaluate whether the spotted,
ringed and bearded seals of the Bering, Chukchi, and Beaufort seas that
are the subject of this petition constitute a DPS of the full species
and/or represent a significant portion of the range of the full species
and are therefore eligible for listing on such basis.
It is the petitioner's contention that ice seals face global
extinction in the wild, and therefore, constitute a threatened or
endangered species as defined under 16 U.S.C. 1532(6) and (20). The
petition presents information on (1) ``global warming which is
resulting in the rapid melt of the seals' sea-ice habitat;'' (2) ``high
harvest levels allowed by the Russian Federation;'' (3) ``oil and gas
exploration and development;'' (4) ``rising contaminant levels in the
Arctic;'' and (5) ``bycatch mortality and competition for prey
resources from commercial fisheries.'' The petition also presents
information on the species' taxonomy, distribution, habitat
requirements, reproduction, diet, natural mortality, and demographics,
as well as a discussion of the applicability of the five factors listed
under ESA section 4(a)(1). We have reviewed the petition, the
literature cited in the petition, and other literature and information
available in our files. Based on our review of the petition and other
available information, we find that the petition meets the
aforementioned requirements of the regulations under 50 CFR
424.14(b)(2) and therefore determine that the petition presents
substantial information indicating that the requested listing action
may be warranted.
Status Review
As a result of this finding, we will continue our ongoing status
review to determine whether listing ringed, bearded, and spotted seals
under the ESA is warranted. We intend that any final action resulting
from this status review will be as accurate and as effective as
possible. Therefore, we are opening a 60-day public comment period to
solicit comments, suggestions, and information from the public,
government agencies, the scientific community, industry, and any other
interested parties on the status of the ice seals throughout their
range, including:
(1) Information on taxonomy, abundance, reproductive success, age
structure, distribution, habitat selection, food habits, population
density and trends, habitat trends, and effects of management on ice
seals;
(2) Information on the effects of climate change and sea ice change
on the distribution and abundance of ice seals, and their principal
prey over the short- and long-term;
(3) Information on the effects of other potential threat factors,
including oil and gas development, contaminants, hunting, poaching, and
changes in the distribution and abundance of ice seals and their
principal prey over the short-term and long-term;
(4) Information on management programs for ice seal conservation,
including mitigation measures related to oil and gas exploration and
development, hunting conservation programs, anti-poaching programs, and
any other private, tribal, or governmental conservation programs which
benefit ice seals; and
(5) Information relevant to whether any populations of the ice seal
species may qualify as distinct population segments.
We will base our findings on a review of the best scientific and
commercial information available, including all information received
during the public comment period.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: August 29, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. E8-20544 Filed 9-3-08; 8:45 am]
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