[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Notices]
[Pages 51619-51621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-17779]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 070727423-7424-01]
RIN 0648-XB75
Endangered and Threatened Species; Notice of Finding on a
Petition to List the Lynn Canal Stock of Pacific Herring as a
Threatened or Endangered Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of petition finding; request for information; and
initiation of status review.
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SUMMARY: On April 2, 2007, we, NMFS, received a petition to list the
Lynn Canal (Alaska) stock of Pacific herring, Clupea pallasi, as a
threatened or endangered species under the Endangered Species Act
(ESA). After review, we find that the petition presents substantial
scientific and commercial information indicating that the petitioned
action may be warranted.
We are initiating a review of the status of the Lynn Canal
population of Pacific herring, and we request data, information, and
comment on the subject action. Specifically, we are soliciting
information regarding population structure and stock delineations of
Pacific herring in Southeast Alaska, the Gulf of Alaska, and the North
Pacific Ocean; population trends and ecology of Pacific herring in Lynn
Canal and Southeast Alaska waters; habitat requirements and current
habitat conditions; known and anticipated threats to the viability of
the population; and efforts being made to protect the species.
DATES: Information and comments should be submitted to NMFS by December
10, 2007.
ADDRESSES: Data, information, or comments may be submitted to Kaja
Brix, Assistant Regional Administrator, Protected Resources Division,
Alaska Region, NMFS, Attn: Ellen Sebastian.
Information may be submitted by any of the following methods:
Mail: P.O. Box 21668, Juneau, AK 99802;
Hand delivery to the Federal Building: 709 West 9th
Street, Juneau, AK, 99802;
Fax: (907) 586-7557;
E-mail: [email protected]. Include in the subject line of
the e-mail the following identifier: Lynn Canal Herring. E-mail
comments, with or
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without attachments, are limited to five megabytes.
Interested persons may obtain a copy of the petition from the above
address or online from the NMFS Alaska Region website: http://www.fakr.noaa.gov/protectedresources.
FOR FURTHER INFORMATION CONTACT: Erika Phillips, NMFS Alaska Region,
telephone (907) 586-7312, Kaja Brix, NMFS Alaska Region, (907)586-7235,
or Marta Nammack, NMFS, Office of Protected Resources, (301) 713-1401.
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.) requires that we determine whether or
not a petition to list a species presents substantial scientific and
commercial information to demonstrate 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
of Commerce (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
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.
On April 2, 2007, we received a petition to designate the Lynn
Canal Stock of Pacific herring (Clupea pallasi) as a Distinct
Population Segment (DPS) and to list the DPS as threatened or
endangered under the ESA. The petition was submitted by the Juneau
Group of the Sierra Club, Juneau, Alaska. The Petitioner also requested
that critical habitat be designated for Lynn Canal Pacific herring
concurrent with listing under the ESA. The petitioner may provide
information that describes any recommended critical habitats to
boundaries and physical features, and indicates any benefits and/or
adverse effects on the species that would result from such designation.
Such information, however, will not be the basis for the determination
of the substantiality of the petition (50 CFR 424.14(b)(2)(iv)).
We have reviewed the petition, the literature cited in the
petition, and other literature and information available in our files.
On the basis of that 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. Our finding is based in part on: (1) documented
population trends, which indicate an 85 percent decline in estimated
biomass since the 1970s; (2) evidence that the Lynn Canal population
has remained depressed for more than 2 decades, failing to show signs
of rebound despite closure of the commercial fishery from 1982 to
present; (3) documented losses of spawning habitat and abandonment of
degraded spawning grounds at the southern end of the historic spawning
range for the stock, such that spawning activity is compressed to the
area in and around Berners Bay, Alaska; and (4) proposed development
activities in Lynn Canal, including Berners Bay, that threaten to
further modify or curtail the population's habitat and spawning range.
Specifically, our analysis of available data on Lynn Canal herring from
1971 through 2002 indicates that spawning biomass declined from an
average of 4866 tons for the period from1972 through1980 to an average
of 692 tons of spawning biomass for the period from 1990 through 2002.
This suggests that Lynn Canal spawning biomass has declined
approximately 85 percent since the 1970s. These biomass estimates are
based on measurements of shoreline miles of spawn, which have declined
from an average of 12 nautical miles from 1953 through 1981 down to an
average of 3.5 nautical miles from 1982 through 2003.
Stock Structure and Distinct Population Segments for Pacific Herring
The petitioner provided references that demonstrate that natural
stock structure exists for Pacific herring in the Gulf of Alaska and
the northern Pacific Ocean. The petitioner also noted that life history
differences (e.g., spawning timing, seasonal migration patterns,
length-at-age and growth rates), morphological distinctions, and
geographic isolation may contribute to population discreteness. Pacific
herring stocks in Southeast Alaska have not been examined in detail for
population discreteness, but several studies conducted in the North
Pacific may help shed light on whether DPSs are present in Southeast
Alaska.
2001 Status Review of Pacific Herring
In 2001, we completed a status review of Pacific herring in
response to a petition to list 18 species of marine fishes in Puget
Sound, including Pacific herring. Through that process, the Biological
Review Team (BRT) reviewed Pacific herring life history, genetics data,
information on larval distribution and transport, tagging studies and
other information on herring stocks throughout the eastern North
Pacific. The BRT concluded that the Pacific herring stocks in Puget
Sound do not constitute a DPS as defined under the ESA, but instead are
part of a larger, regional Georgia Basin DPS. The Georgia Basin DPS
extends from the southern end of Puget Sound to the northern end of the
Strait of Georgia and the north end of Vancouver Island and includes
the Strait of Juan de Fuca. The BRT did not analyze or describe
additional DPS structure beyond the Georgia Basin region.
2005 Status Review of the Cherry Point Stock of Pacific Herring
In 2005, we completed a status review for the Cherry Point stock of
Pacific herring in response to a petition to list the stock as a
threatened or endangered DPS under the ESA. The BRT based its DPS
analysis on the findings of the 2001 Pacific herring status review and
new information, including new genetics data. Through the 2005 status
review process, the BRT determined that the Cherry Point stock is not a
separate DPS, but instead is part of the larger Georgia Basin Pacific
herring DPS. Although some of the life history and genetics data
analyzed by the BRT included information on Pacific herring stocks in
Southeast Alaska, the team did not
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describe additional DPS structure beyond the Georgia Basin region.
Status Review for Lynn Canal Pacific Herring
Subsequent to publishing this finding, we will commence a status
review to determine whether the petitioned action is warranted. To
ensure that the review is complete and is based on the best available
scientific and commercial data, we request any available information
regarding the taxonomy and status of the Lynn Canal stock of Pacific
herring, its habitat, biology, movements and distribution, stock
structure and age composition, threats to the species, or other
pertinent information.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: September 4, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-17779 Filed 9-7-07; 8:45 am]
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