[Federal Register Volume 73, Number 193 (Friday, October 3, 2008)]
[Proposed Rules]
[Pages 57583-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23467]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 226
[Docket No. 0809161218-81253-01]
RIN 0648-AX23
Listing Endangered and Threatened Wildlife and Designating
Critical Habitat; 90-day Finding for a Petition to Revise the Critical
Habitat Designation for the Hawaiian Monk Seal
AGENCY: National Marine Fisheries Service (NMFS), NationalOceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of petition finding; request for information and
comments.
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SUMMARY: We, the National Marine Fisheries Service (NMFS), announce a
90-day finding for a petition to revise Hawaiian monk seal (Monachus
schauinslandi) critical habitat under the Endangered Species Act (ESA)
of 1973, as amended. The Hawaiian monk seal is listed as endangered
throughout its range, and currently designated critical habitat
consists of all beach areas, sand spits, and islets, including all
beach crest vegetation to its deepest extent inland, lagoon waters,
inner reef waters, and ocean waters out to a depth of 20 fathoms
(36.6m) around specific areas in the Northwestern Hawaiian Islands. The
petition seeks to include key beach areas, sand spits, and islets,
including all beach crest vegetation to its deepest extent inland,
lagoon waters, inner reef waters, and ocean waters out to a depth of
200 meters around the main Hawaiian Islands, and to extend critical
habitat designation in the Northwestern Hawaiian Islands to Sand Island
and ocean waters out to a depth of 500 meters. We are initiating a
review of currently designated critical habitat of the species to
determine whether revision is warranted. To ensure a comprehensive
review, we solicit information and comments pertaining to this species'
essential habitat needs from any interested party.
DATES: Written comments and information related to this petition
finding must be received [see ADDRESSES] by December 2, 2008.
ADDRESSES: You may submit comments, identified by [0648-AX23], by any
one of the following methods: (1) Electronic Submissions: Submit all
electronic public comments via the Federal eRulemaking Portal at http://www.regulations.gov; (2) Fax: 808-973-2941, attention: Krista Graham;
or (3) mail: addressed to Krista Graham, National Marine Fisheries
Service, Pacific Islands Regional Office, Protected Resources Division,
1601 Kapiolani Boulevard Suite 1110, Honolulu, HI 96814.
All comments received are a part of the public record and will
generally be posted to httphttp://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 more information about critical
habitat designated for the Hawaiian monk seal online at the NMFS
Pacific Islands Regional Office website: http://www.fpir.noaa.gov/PRD/prd_critical_habitat.html
FOR FURTHER INFORMATION CONTACT: Krista Graham by phone 808-944-2238,
fax 808-973-2941, or e-mail [email protected]; Lance Smith by
phone 808-944-2258, fax 808-973-2941, or e-mail [email protected];
Lisa Van Atta by phone 808-944-2257, fax 808-973-2941, or e-mail
[email protected]; or Marta Nammack by phone 301-713-1401.
SUPPLEMENTARY INFORMATION:
Background
Critical habitat is defined in the ESA (16 U.S.C. 1531 et seq.) as:
``(i) the specific areas within the geographical area currently
occupied by the species, at the time it is listed... on which are
found those physical or biological features (I) essential to the
conservation of the species and (II) which may require special
management considerations or protection; and (ii) specific areas
outside the geographical area occupied by the species at the time it
is listed upon a determination by the Secretary that such areas are
essential for the conservation of the species.''
Our implementing regulations (50 CFR 424.12) describe those
essential physical and biological features to include, but not limited
to: (1) space for individual and population growth, and normal
behavior; (2) food, water, air, light, minerals, or other nutritional
or physiological requirements; (3) cover or shelter; (4) sites for
breeding, reproduction, rearing of offspring; and (5) habitats that are
protected from disturbance or are representative of the historic
geographical and ecological distribution of a species. We are required
to focus on the primary constituent elements (PCEs) which best
represent the principal biological or physical features. PCEs may
include, but are not limited to: nesting grounds, feeding sites, water
quality, tide, and geological formation. Our implementing regulations
(50 CFR 424.02) define ``special management considerations or
protection'' as any method or procedure useful in protecting physical
and biological features of the environment for the conservation of the
species.
Section 4(b)(2) of the ESA requires us to designate and make
revisions to critical habitat for listed species based on the best
scientific data available and after taking into consideration the
economic impact, the impact on national security, and any other
relevant impact, of specifying any particular area as critical habitat.
The Secretary may exclude any particular area from critical habitat if
he determines that the benefits of such exclusion outweigh the benefits
of specifying such area as part of the critical habitat, unless he
determines that the failure to designate such area as critical habitat
will result in the extinction of the species concerned. We are required
to consider whether the petition contains information indicating that
areas petitioned contain physical and biological features essential to,
and that may require special management to provide for, the
conservation of the species. Section 4(b)(3)(D)(i) of the ESA requires
us to make a finding as to whether a petition to revise critical
habitat presents substantial scientific information indicating that the
revision may be warranted. Our 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, we take into account several factors, including
[[Page 57584]]
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 revision may be warranted, within 12
months after receiving the petition, we are required to determine how
we intend to proceed with the requested revision and promptly publish
notice of such intention in the Federal Register. See ESA Section
4(b)(3)(D)(ii).
Analysis of Petition
On July 9, 2008, we received a petition from the Center for
Biological Diversity, Kahea, and the Ocean Conservancy (Petitioners) to
revise the Hawaiian monk seal critical habitat designation (Center for
Biological Diversity et al., 2008). Currently designated critical
habitat consists of all beach areas, sand spits, and islets, including
all beach crest vegetation to its deepest extent inland, lagoon waters,
inner reef waters, and ocean waters out to a depth of 20 fathoms
(36.6m) around the following areas in the Northwestern Hawaiian
Islands: Kure Atoll; Midway Islands, except Sand Island and its harbor;
Pearl and Hermes Reef; Lisianski Island; Laysan Island; Maro Reef;
Gardner Pinnacles; French Frigate Shoals; Necker Island; and Nihoa
Island (53 FR 18988; May 26, 1988). The Petitioners seek to revise the
critical habitat designation to include key beach areas, sand spits,
and islets, including all beach crest vegetation to its deepest extent
inland, lagoon waters, inner reef waters, and ocean waters out to a
depth of 200 meters around the main Hawaiian Islands, and to extend
critical habitat designation in the Northwestern Hawaiian Islands to
Sand Island and ocean waters out to a depth of 500 meters.
The petition contains a detailed description of the species'
natural history and status, including information on distribution and
movements, feeding and prey selection, reproduction, population status
and trends, and factors contributing to the current status of the
species in the Pacific Ocean. The petition describes the importance of
the terrestrial and marine habitat for monk seals around the entire
Hawaiian Archipelago. The Petitioners cite studies indicating that,
while a significant portion of the species' population is found
throughout the Northwestern Hawaiian Islands (NMFS, 2007), it is likely
that monk seals are recolonizing the main Hawaiian Islands (Baker,
2006) since Hawaiian monk seals have been sighted on each of the eight
main Hawaiian Islands and their presence is increasing (NMFS, 2007).
The petition cites studies demonstrating that births have increased on
the main Hawaiian Islands since the mid-1990s (NMFS, 2007), and that
pups born on the main Hawaiian Islands have been healthier and more
likely to survive to adulthood than those born on the Northwestern
Hawaiian Islands (Baker et al., 2006). The Petitioners further cite
studies that assert that these larger sizes and healthier physical
condition reflects greater prey availability and, thus, better foraging
conditions in the main Hawaiian Islands (Baker et al., 2006; Baker,
2006; Baker and Johanos, 2004).
The Petitioners claim that the population of monk seals on the main
Hawaiian Islands is likely below the carrying capacity of those
islands. The Petitioners believe that the petitioned habitat area
contains the PCEs or the physical and biological features essential to
the conservation of Hawaiian monk seals. The Petitioners claim that the
petitioned area provides space for population growth and normal
behavior, and thus the main Hawaiian Islands will provide important
habitat for recovery of the species. They offer that the habitat
components essential for feeding, pupping, nursing, resting, molting,
and migrating include all marine waters, along with associated marine
aquatic flora and fauna in the water column, as well as the underlying
marine benthic community, all of which occur in the main Hawaiian
Islands. The Petitioners assert that this is evidenced by the
increasing use of the area by monk seals as well as their visibly
healthier body condition. As for extending the area of designation in
the Northwestern Hawaiian Islands, the Petitioners cite new studies
that have contradicted the previous belief that monk seals foraged only
on shallow reef habitats (Parrish and Littnan, 2007). The Petitioners
cite from Baker et al. (2007) that monk seals forage in a variety of
marine habitats within approximately 500 meters of the surface in the
Northwestern Hawaiian Islands. Thus, the Petitioners suggest that the
designation of critical habitat for the Hawaiian monk seal in the main
Hawaiian Islands and the extension of the designation in the
Northwestern Hawaiian Islands are consistent with the recovery plan for
the species.
Finally, the Petitioners request that, if we determine some portion
of the petitioned area does not meet the criteria for critical habitat,
we analyze whether some subset of this area should be designated as
critical habitat.
Petition Finding
Based on the above information and information readily available in
our files, and pursuant to criteria specified in 50 CFR 424.14(c), we
find the Petitioners present substantial scientific information
indicating that a revision to the critical habitat designation for
Hawaiian monk seals may be warranted. Our Pacific Islands Fisheries
Science Center has conducted research on Hawaiian monk seals foraging,
pupping, nursing, resting, and migrating within the petitioned area, in
both the main and Northwestern Hawaiian Islands, and the area in
general represents principal habitat for Hawaiian monk seals. The
Petitioners have requested broad areas to be considered as critical
habitat for this species. It is not clear whether such a broad
designation is warranted at this time, but we will review the best
scientific information available to determine whether these petitioned
areas or a subset of these petitioned areas meet the definition of
critical habitat.
To ensure that the review of critical habitat for Hawaiian monk
seals is complete and based on the best available data, we solicit
information and comments on whether the petitioned area, or some subset
thereof, qualifies as critical habitat. Areas that include the physical
and biological features essential to the conservation of the species
and that may require special management considerations or protection
should be identified. As stated earlier, essential features include,
but are not limited to, space for individual growth and for normal
behavior, food, water, air, light, minerals, or other nutritional or
physiological requirements, cover or shelter, sites for reproduction
and development of offspring, and habitats that are protected from
disturbance or are representative of the historical, geographical, and
ecological distributions of the species (50 CFR 424.12).
We request that all data, information, and comments be accompanied
by supporting documentation such as maps, bibliographic references, or
reprints of pertinent publications. Comments and materials received
will be available for public inspection, by appointment, during normal
business hours at the above address (see ADDRESSES).
[[Page 57585]]
Peer Review
The Office of Management and Budget issued its Final Information
Quality Bulletin for Peer Review on December 16, 2004. The Bulletin
went into effect June 16, 2005, and generally requires that all
``influential scientific information'' and ``highly influential
scientific information'' disseminated on or after that date be peer
reviewed. Because the information used to evaluate this petition may be
considered ``influential scientific information,'' we solicit the names
of recognized experts in the field that could serve as peer reviewers
of such information we may disseminate as we evaluate this petition.
Independent peer reviewers will be selected from the academic and
scientific community, applicable tribal and other Native American
groups, Federal and state agencies, the private sector, and public
interest groups.
References Cited
Baker, J.D. 2006. The Hawaiian Monk Seal: Abundance Estimation,
Patterns in Survival, and Habitat Issues. Unpublished Ph. D. Thesis.
University of Aberdeen, UK. 182 p.
Baker, J.D., and T.C. Johanos. 2004. Abundance of the Hawaiian Monk
Seal in the Main Hawaiian Islands. Biological Conservation 116: 103-
110.
Baker, J.D., C.L. Littnan, and D.W. Johnston. 2006. Potential
Effects of Sea Level Rise on the Terrestrial Habitats of Endangered and
Endemic Megafauna in the Northwestern Hawaiian Islands. Endangered
Species Research 2:21-30.
Baker, J.D., J.J. Polovina, and E.A. Howell. 2007. Effect of
Variable Oceanic Productivity on the Survival of an Upper Trophic
Predator, the Hawaiian Monk Seal Monachus schauinslandi. Marine Ecology
Progress Series 346: 277-283.
Center for Biological Diversity, Kahea, and Ocean Conservancy.
2008. Petition to Revise Critical Habitat for the Hawaiian Monk Seal
(Monachus schauinslandi) Under the Endangered Species Act. 41 pp.
http://www.biologicaldiversity.org/species/mammals/Hawaiian_monk_seal/pdfs/Petition-Monk-Seal-CH-07-02-08.pdf
National Marine Fisheries Service (``NMFS''). 2007. Recovery Plan
for the Hawaiian Monk Seal (Monachus schauinslandi). Second Revision.
National Marine Fisheries Service, Silver Spring, MD. 165 pp.
Parrish, F.A. and C.L. Littnan. 2007. Changing Perspectives in
Hawaiian Monk Seal Research Using Animal-Borne Imaging. Marine
Technology Society Journal 41:30-34.
Authority: 16 U.S.C. 1531 et seq.
Dated: September 29, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-23467 Filed 10-2-08; 8:45 am]
BILLING CODE 3510-22-S