[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Proposed Rules]
[Pages 18616-18619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6966]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 070402074-7074-01; I.D. No. 032207B]
Endangered and Threatened Wildlife and Plants: 90-Day Finding for
a Petition to List Black Abalone as Threatened or Endangered under the
Endangered Species Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; petition finding; request for information.
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SUMMARY: We, the NMFS, have received a petition to list the black
abalone (Haliotis cracherodii) as a threatened or endangered species
and to designate critical habitat under the Endangered Species Act
(ESA). We find that the petition presents substantial scientific
information indicating that the petitioned action may be warranted.
This finding normally initiates a formal status review, but as
described below in the Background section (see SUPPLEMENTARY
INFORMATION), in this case, we had already initiated a formal status
review on October 17, 2006. To ensure that the review is comprehensive,
we are soliciting information pertaining to this species, any potential
critical habitat, and recommendations of qualified individuals to peer
review the agency's black abalone status review report.
DATES: Information and comments on this action must be received by June
12, 2007.
ADDRESSES: You may submit information and/or comments by any of the
following methods:
E-Mail: [email protected]
Mail: Submit written comments to Chief, Protected
Resources Division, Southwest Region, National Marine Fisheries
Service, 501 West Ocean Blvd., Suite 4200, Long Beach, CA, 90802-4213.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
An electronic version of the petition can be obtained via the
Internet at: http://www.nmfs.noaa.gov or by submitting a request to the
Assistant Regional Administrator, Protected Resources Division,
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213.
FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS, Southwest Region
(562) 980-4115 or Lisa Manning, NMFS, Office of Protected Resources
(301) 713-1401.
SUPPLEMENTARY INFORMATION:
Background
Black abalone was added to NMFS' Candidate Species list on June 23,
1999 (64 FR 33466), transferred to NMFS' Species of Concern list on
April 15, 2004 (69 FR 19975), and has since been considered for listing
on the List of Endangered and Threatened Species under the ESA. The
species is currently listed on the International Union for the
Conservation of Nature and Natural Resources (IUCN) Red List of
Threatened Species (Smith et al. 2003). We initiated an informal ESA
status review of black abalone on July 15, 2003, and conducted
biological scoping workshops on January 29-30, 2004 and July 31-August
1, 2006. We formally announced initiation of a black abalone status
review on October 17, 2006 (71 FR 61021), and at that time solicited
information from the public on the following topics: (1) long-term
trends in abundance throughout the species' range; (2) potential
factors for the species' decline throughout its range (e.g.,
overharvesting, natural predation, disease, habitat loss etc.); (3)
status of the black abalone fishery in Mexico; (4) implication of low
population size for black abalone conservation; (5) factors important
for black abalone management; (6) current estimate of population size
and available habitat; (7) knowledge of various life history parameters
(size/age at maturity, fecundity, length of larval stage, larval
dispersal dynamics, etc.); and (8) projections on population growth or
decline and risk of extinction. On December 27, 2006, we received a
petition from the Center for Biological Diversity (CBD) requesting that
we list black abalone as either an endangered or threatened species
under the ESA and designate critical habitat for the species
concurrently with any listing determination.
Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires
that we make a finding as to whether a petition to list, delist, or
reclassify a species presents substantial scientific or commercial
information to indicate that the petitioned action may be warranted.
Our joint NMFS/U.S. Fish and Wildlife Service ESA implementing
regulations (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
determining whether substantial information exists for a petition to
list a species, we consider several factors, including information
submitted with and referenced in the petition and all other information
readily available in our files. To the maximum extent practicable, this
finding is to be made within 90 days of the receipt of the petition,
and the finding is to be published promptly in the Federal Register. If
we find that a petition presents substantial information indicating
that the requested action may be warranted, section 4(b)(3)(B) of the
ESA requires the Secretary of Commerce (Secretary) to conduct a status
review of the species and make a finding as to whether the petitioned
action is warranted within 1 year of the receipt of the petition.
[[Page 18617]]
Analysis of Petition
Natural History
Black abalone is a marine mollusc and a member of the family
Haliotidae and the genus Haliotis. There is some debate regarding the
historic range of black abalone. Based on museum specimen records
examined by Geiger (1999), black abalone ranged historically from
Crescent City (Del Norte County, California) to Cabo San Lucas
(Southern Baja California). Most experts agree that the current range
of black abalone extends from Point Arena (Mendocino County,
California) to Northern Baja California, but are rare north of San
Francisco (Morris et al., 1980) and south of Punta Eugenia (P.
Raimondi, pers. comm.). Of the seven species of abalone found in
California (Geiger, 1999), black abalone is a relatively shallow water
species and is most abundant in rocky intertidal habitat (Morris et
al., 1980), although they do occur from the high intertidal zone to 6 m
depth. Average black abalone shell length is approximately 115 mm
(Ault, 1985), however, maximum shell length may exceed 200 mm (Morris
et al., 1980). The epipodium (the circular fringe of skin around the
foot) and tentacles are black and the underside of the foot is pearly
white. The outer surface of the shell is dark blue to black, smooth and
has 5-9 open respiratory pores with edges that are flush with the shell
surface (Haaker et al., 1986).
The vacillatory nature of rocky intertidal habitat dictates that
black abalone tolerate a wide range of environmental conditions (e.g.
temperature, salinity, dessication, and wave action). For example,
water temperatures may range between 7-24 [deg]C (45-75 [deg]F)
(Howorth, 1978) in rocky intertidal areas throughout their range. In
the absence of anthropogenic influences (e.g., harvest and spread of
disease (Friedman and Finley, 2003)), a combination of black abalone
life history, ecology, and behavior and these widely ranging
environmental variables is what controls the species' spatial
distribution. Black abalone are often found in a clumped distribution,
with smaller abalone (<90 mm) exhibiting cryptic behavior and tending
to stay within the protective confines of crevices, under rocks, and in
boulder fields (Blecha et al., 1992; Tissot, 1995; Ault, 1985).
Individuals larger than 90 mm often occupy more exposed rocks and surge
channels in areas where sea otters are absent, but tend to reside in
cracks and crevices in areas where sea otters are present (Morris et
al., 1980; Lowry and Pearse, 1973; Hines and Pearse, 1982; Blecha et
al., 1992).
Black abalone exhibit separate sexes and are thought to reach
sexual maturity between 40-50 mm shell length in California. Sperm or
eggs are broadcast into the water sometime between late spring and late
summer (Webber and Giese, 1969; CDFG, 2005). This type of spawning
strategy depends on densely aggregated adults to achieve the high
gamete densities needed for successful fertilization (Davis, 1996). The
free-swimming larval phase for this species may range from 5 to 14 days
depending on water temperature (Ault, 1985). This relatively short
dispersive phase combined with hydrodynamic conditions during the time
of spawning may limit dispersal distances. Analysis of the genetic
structure of black abalone populations on the central California coast
indicates that these black abalone populations are composed
predominantly of individuals that were spawned locally (Hamm and
Burton, 2000). Patterns in recruitment of juveniles to central coastal
populations provide additional evidence that black abalone larvae do
not tend to travel very far along the coast and, therefore, populations
are relatively closed (Raimondi et al., 2002). In Southern California,
results of a drift card study at San Nicolas Island suggest that black
abalone larvae are locally retained with occasional migrants dispersing
over long distances (> 10 km; Chambers et al., 2006).
Larval black abalone tend to settle into areas characterized by
bare rock and coralline red algae (Douros, 1985; Miner et al., 2006).
Once settled onto rocky substrata, black abalone juveniles consume
rock-encrusting coralline algae and diatom and bacterial films (Haaker
et al., 1986). Adult black abalone feed primarily on pieces of algae
drifting with the surge or current, such as giant kelp, bull kelp, and
feather boa kelp (Haaker et al., 1986). Growth rates can vary depending
on food availability, water temperature, and other environmental
factors (CDFG, 2005). Abalone are long-lived (30+ years) and it takes
approximately 20 years for black abalone to reach their maximum length
(Blecha et al., 1992). Black abalone are preyed upon by a wide variety
of marine predators including sea stars, fishes, octopus, the southern
sea otter, and striped shore crab.
Abundance
Historically, sea otter predation and hunting by Native Americans
were two primary sources of mortality for large black abalone. The
elimination or relocation of Native American coastal settlements during
the 1700s and 1800s and sea otter (a primary predator on black abalone)
hunting by Russian fur traders resulted in high densities (< 40
individuals per m\2\) of black abalone in many places throughout their
range (Howorth, 1978; Douros, 1993; Richards and Davis, 1993). Chinese
immigrants began harvesting abalone from dense intertidal beds in
central and southern California and Baja California in the mid-1800s
and annual harvest reached a peak of 1,814 metric tons (mt) in 1879
(Howorth, 1978; Rogers-Bennett et al., 2002). Commercial harvest was
banned in the early 1900s, during which time black abalone populations
expanded slightly. However, in 1968 commercial harvest of black abalone
resumed. The commercial harvest was greatest around the islands off
southern California, particularly San Miguel, San Clemente and San
Nicolas Islands (California Department of Fish and Game (CDFG),
unpublished data). The average annual harvest declined from 290 mt in
the 1970s, with a peak occurring in 1973 (868 mt; Rogers-Bennett et
al., 2002), to 175 mt in the 1980s, to 14 mt in the 1990s. By the mid-
1980s overharvesting, as evidenced by declining trends in fishery-
dependent data and eventual closure of the commercial fishery (B.
Tissot, unpublished data), and possibly other factors such as pollution
(Miller and Lawrenze-Miller, 1993), reduced southern California coastal
populations of black abalone considerably. Remnant populations
persisted primarily on offshore islands and inaccessible sections of
the coast north of Santa Barbara. Commercial harvesting was prohibited
again in 1993.
In the mid- and late-1980s, black abalone on the Channel Islands
suffered massive local die-offs (generally >90 percent losses) from a
disease known as Withering Syndrome (WS) (Haaker et al., 1992; Richards
and Davis, 1993; Lafferty and Kuris, 1993). The cause of WS is unknown,
but has been attributed to a Rickettsiales-like pathogen (Friedman et
al., 2000). The disease is manifested by severe weight loss, loss of
appetite, followed by detachment from the substrate and eventual
mortality (Tissot, 1991; Haaker et al., 1992; Steinbeck et al., 1992).
There is also strong evidence that the intensity of mortality from this
disease increases with increasing water temperature (Tissot, 1995;
Steinbeck et al., 1992; Alstatt et al., 1996; Raimondi et al., 2002).
Prior to 1992, the only mainland site where a WS-related die-off had
been observed was in Diablo Cove, the site of the discharge for the
Diablo Canyon Power Plant (Steinbeck et al., 1992). However, in 1992 a
massive die-off
[[Page 18618]]
began at a mainland site, Government Point, near Point Conception
(Alstatt et al., 1996). Subsequent monitoring of sites along the
central California coast has detected a pattern of mortality suggesting
that WS is progressing northward up the coast, but at a variable rate
(Altstatt et al., 1996; Raimondi et al., 2002; Miner et al., 2006).
Fishery-independent data obtained from long-term monitoring studies
(1975-present) were examined to detect trends in abundance from 32
sampling locations throughout California (B. Tissot, unpublished data).
Percent changes in abundance were calculated by comparing mean
densities prior to the onset of WS and after the onset of WS at each
sampling location. Preliminary results suggest that black abalone have
gone locally extinct or declined between 90-99 percent at 50 percent of
the sampling locations and have declined between 80-89 percent at
another 16 percent of the sampling locations. Thus, significant
declines (>80 percent) have occurred at over 50 percent of the
locations sampled in California (Brian Tissot, unpublished data).
Although abundance data for black abalone populations in Mexico are
scant, existing fishery-dependent data suggest declines similar to
those exhibited in California. Based on the data published in Hobday
and Tegner (2000), the catch of black abalone declined from a high of
28 mt in 1990, to <1 mt in 1998, an overall decline of >95 percent.
Summation
The principal cause of black abalone population decline in southern
and central California has been attributed to over-harvesting (Karpov
et al., 2000) and/or the onset of WS in southern California in the
1980s (Lafferty and Kuris, 1993) and the disease's northward
progression. Black abalone populations have declined by over 99 percent
(Brian Tissot, unpublished data) in southern California (except for San
Nicolas and San Miguel Islands). In many locations recruitment rates
are low, and in areas where remnant healthy populations are producing
recruits, these recruits are retained locally and are not recolonizing
historically populated areas only tens of kilometers away (Miller and
Lawrenze-Miller, 1993; Raimondi et al., 2002; Miner et al., 2006).
Miner et al. (2006) hypothesize that the causes of low (or no)
recruitment at sites with low adult density include: (1) local adult
densities too low for successful fertilization; (2) limited dispersal
ability of larval abalone limiting the supply of larvae from healthy
adjacent populations; (3) suitable larval settlement habitat overgrown
in the absence of adult abalone; and (4) newly recruited juvenile
abalone killed by WS before they can be observed and counted by
researchers.
Petition Finding
Given documented declines in abundance within the range of the
species and the potential negative effects of ongoing and future
threats posed primarily by the northward spread of WS, as described in
the petition and in the information in our files, we have determined
that the petition presents substantial information and that listing
black abalone under the ESA may be warranted. We have supported efforts
to learn more about the factors that have contributed to the decline of
this species and encouraged Federal agencies and other appropriate
parties to conserve and protect surviving black abalone throughout its
range from Fort Bragg, California to southern Baja California. Despite
these efforts, including closure of the fishery in southern California
in 1993, the species continues to decline along the mainland coast of
southern California and the northern Channel Islands. In compliance
with section 4(b)(3)(B) of the ESA, the Secretary will make his
determination whether the petitioned action is warranted within 12
months from the date the petition was received (December 27, 2006)
following completion of an ESA status review.
Listing Factors and Basis for Determination
Section 4(a)(1) of the ESA requires the Secretary to determine
whether any species is a threatened or an endangered species because of
any of the following factors: (1) The present or threatened
destruction, modification, or curtailment of its habitat or range; (2)
overutilization for commercial, recreational, scientific, or
educational purposes; (3) disease or predation; (4) inadequacy of
existing regulatory mechanisms; or (5) other natural or manmade factors
affecting its continuing existence. Listing determinations are based
solely on the best available scientific and commercial data after
taking into account any efforts being made by any state or foreign
nation to protect the species.
Information Solicited
To ensure that the black abalone status review is complete and is
based on the best available scientific and commercial data, we
reiterate our previous solicitation for information on this species. We
specifically request the following information: (1) long-term trends in
abundance throughout the species' range; (2) potential factors for the
species' decline throughout its range (e.g., overharvesting, natural
predation, disease, habitat loss etc.); (3) historic and current range,
distribution and habitat use of this species; (4) status of the black
abalone populations in Baja California, Mexico; (5) historic and
current estimates of population size and available habitat; (6)
knowledge of various life history parameters (size/age at maturity,
fecundity, length of larval stage, larval dispersal dynamics, etc.);
(7) projections on population growth or decline and risk of extinction;
and (8) efforts being made to protect black abalone throughout their
range.
Critical Habitat
We are also requesting information on areas that may qualify as
critical habitat for black abalone, such as identification of areas
that include the physical and biological features essential to the
conservation of the species. Essential features include, but are not
limited to: (1) space for individual and population growth and for
normal behavior; (2) food, water, air, light, minerals, or other
nutritional or physiological requirements; (3) cover or shelter; (4)
sites for reproduction and development of offspring; and (5) habitats
that are protected from disturbance or are representative of the
historical, geographical and ecological distributions of the species
(50 CFR 424.12). For areas potentially qualifying as critical habitat,
we request information describing: (1) the activities that affect the
areas or could be affected by the designation, and (2) the economic or
other costs and benefits of additional management measures likely to
result from a designation.
Peer Review
The joint NMFS/U.S. Fish and Wildlife Service peer review policy
for review of scientific data was published on July 1, 1994 (59 FR
34270), and on January 14, 2005, the Office of Management and Budget
(OMB) published its Final Information Quality Bulletin for Peer Review
(70 FR 2664). The purpose of the peer review policy and the OMB
Information Quality Bulletin is to ensure that listings are based on
the best scientific and commercial data available. We are soliciting
the names of recognized experts in the field that could take part in
the peer review process for this status review. Independent peer
reviewers will be selected from the academic and scientific community,
Federal and state
[[Page 18619]]
agencies, the private sector, and public interest groups.
References
A complete list of all references cited herein is available upon
request (see ADDRESSES section).
Authority: 16 U.S.C. 1531 et seq.
Dated: April 6, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. E7-6966 Filed 4-12-07; 8:45 am]
BILLING CODE 3510-22-S