[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Proposed Rules]
[Page 16617-16619]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr08-29]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR 223 and 224
[Docket No. 080318441-8467-01]
RIN 0648-AV36
Endangered and Threatened Wildlife; Notice of 90-Day Finding on a
Petition to List the Ribbon Seal as a Threatened or Endangered Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice of a 90-day petition finding; request for information;
and initiation of status reviews of ribbon, bearded, ringed, and
spotted seals.
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SUMMARY: We (NMFS) announce a 90-day finding on a petition to list the
ribbon seal (Histriophoca fasciata) as a threatened or endangered
species under the Endangered Species Act (ESA). We find that the
petition presents substantial scientific or commercial information
indicating that the petitioned action may be warranted. Therefore, we
initiate a status review of the ribbon seal to determine if listing
under the ESA is warranted. Concurrently, we also initiate a status
review of the other ice seal species: bearded (Erignathus barbatus),
ringed (Phoca fasciata), and spotted (Phoca largha). To ensure these
status reviews are comprehensive, we solicit scientific and commercial
information regarding all of these ice seal species.
DATES: Information and comments must be submitted to NMFS by May 27,
2008.
ADDRESSES: You may submit comments, information, or data, identified by
the Regulation Identifier Number (RIN), 0648-AV36, by any of the
following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal: http://www.regulations.gov.
Mail: Assistant Regional Administrator, Protected Resources
Division, NMFS, Alaska Regional Office, P.O. Box 21668, Juneau, AK
99802.
Facsimile (fax): 907-586-7012.
Instructions: All comments received are a part of the public record
and will generally beposted 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. 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 ribbon 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 of 1973, as
amended (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
[[Page 16618]]
(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 or not 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(15)). 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 established 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) 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 December 20, 2007, we received a petition from the Center for
Biological Diversity to list the ribbon seal as an endangered species
under the ESA. The petitioner also requested that critical habitat be
designated for ribbon seals concurrent with listing under the ESA. The
petition states the ribbon seal population is a ``species'' under the
definition of the ESA, with distinctive characteristics, morphology,
and mtDNA to be considered its own genus, which is the current accepted
taxonomy. The petitioner provides genetic and physiological information
to support that ribbon seals are discrete from other pinnipeds of the
Arctic shelf region. It is the petitioner's contention that the ribbon
seal faces global extinction in the wild, and therefore, is an
endangered species as defined under 16 U.S.C. 1532(6). 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) ``current oil and gas
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 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 that literature and 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.
It is also our prerogative to broaden the scope of the review if
available information indicates such an action is appropriate. In this
case, we have also chosen to initiate a status review of the other ice
seal species (bearded--Erignathus barbatus, ringed--Phoca fasciata, and
spotted--Phoca largha) in the Alaska region that share similar habitat
and biological requirements as ribbon seals (Histriophoca fasciata).
This status review is not subject to the statutory timelines which
govern the ribbon seal status review, as outlined above, and will be
completed as agency resources allow.
Status Review
As a result of this finding, we will commence a status review to
determine whether or not listing ribbon seals under the ESA is
warranted. We intend that any final action resulting from this status
review be as accurate and as effective as possible. Because the ribbon
seal is one of three marine mammals in Arctic waters (the other two are
polar bears--Ursus maritimus--and walrus--Odobenus rosmarus divergens),
which have been petitioned under the ESA in recent years primarily due
to the effects of global climate change, we have decided to also
initiate a status review of the other ice seals in U.S. waters. These
other ice seal species include the bearded, ringed, and spotted seals.
Therefore, we are opening a 60-day public comment period to solicit
comments, suggestions, and information
[[Page 16619]]
from the public, government agencies, the scientific community,
industry, and any other interested parties on the status of the ribbon
seal and other 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 ribbon
seals and other ice seals;
(2) Information on the effects of climate change and sea ice change
on the distribution and abundance of ribbon seals, and other 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, and poaching,
on the distribution and abundance of ribbon seals, and other ice seals,
and their principal prey over the short- and long-term;
(4) Information on management programs for ribbon 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 ribbon seals and other 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: March 25, 2008.
Samuel D. Rauch III,
Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-6432 Filed 3-27-08; 8:45 am]
BILLING CODE 3510-22-S