[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Proposed Rules]
[Pages 11849-11851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-4231]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 080110038-8248-01]
RIN 0648-XF03
Listing Endangered and Threatened Wildlife and Designating
Critical Habitat; 90-day Finding for a Petition to Reclassify the
Loggerhead Turtle in the Western North Atlantic Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: 90-day petition finding; request for information and comments.
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SUMMARY: We, NMFS, announce the 90-day finding for a petition to
reclassify loggerhead turtles (Caretta caretta) in the western North
Atlantic Ocean as a Distinct Population Segment (DPS) with endangered
status and designate critical habitat under the Endangered Species Act
of 1973, as amended (ESA). The loggerhead is currently listed as
threatened throughout its range. We find that the petition presents
substantial scientific information indicating that the petitioned
action may be warranted.
We have initiated a review of the status of the species to
determine whether the petitioned action is warranted and to determine
whether any additional changes to the current listing of the loggerhead
turtle are warranted. To ensure a comprehensive review, we solicit
information and comments pertaining to this species from any interested
party.
DATES: Written comments and information related to this petition
finding must be received [see ADDRESSES] by May 5, 2008.
ADDRESSES: You may submit comments, identified by ``0648-XF03'', by any
one of the following methods:
Electronic submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
Fax: 978-281-9394, Attention: Barbara Schroeder
Mail: Information on paper, disk, or CD-ROM should be
addressed to the Director of the Office of Protected Resources, NMFS,
1315 East-West Highway, Silver Spring, MD 20910.
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. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Barbara Schroeder by phone 301-713-
2322, fax 301-427-2522, or e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires us
to make a finding as to whether a petition to list, delist, or
reclassify a species presents substantial scientific or commercial
information indicating that the petitioned action 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 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, we are also required to conduct a
status review of the species. The determination of whether the
petitioned action is warranted must be made within 1 year of the
receipt of the petition.
Analysis of Petition
On November 16, 2007, we received a petition from Oceana and the
Center for Biological Diversity requesting that loggerhead turtles in
the western North Atlantic Ocean be reclassified as a DPS (see Petition
Finding section below for discussion on Distinct Population
[[Page 11850]]
Segments) with endangered status and that critical habitat be
designated.
The petition contains a detailed description of the species'
natural history and status, including information on distribution and
movements, population structure, behavior, population status and
trends, and factors contributing to the current status of the species
in the western North Atlantic Ocean. The petitioners assert that the
western North Atlantic loggerhead is discrete from loggerhead
populations found elsewhere due to physical, genetic, physiological,
ecological, and behavioral factors, and they provide information they
believe supports this assertion. The petitioners further assert that
the western North Atlantic loggerhead population is both biologically
and ecologically significant relative to the species. The petitioners
maintain that the western North Atlantic loggerhead nesting population
has undergone a marked decline in recent decades, and cite coastal
development, bycatch in fisheries, marine pollution, and global warming
as primary threats to the population. The petitioners provide
information on the western North Atlantic loggerhead relative to the
ESA section 4(a)(1) factors and assert that the western North Atlantic
loggerhead population warrants an endangered listing.
Finally, the petitioners request that, if the western North
Atlantic loggerhead is not determined to meet the DPS criteria,
loggerheads throughout the Atlantic Ocean be designated as a DPS and
listed as endangered.
Petition Finding
Based on the above information and criteria specified in 50 CFR
424.14(b)(2), we find the petitioners present substantial scientific
and commercial information indicating that a reclassification of the
loggerhead in the western North Atlantic Ocean as a DPS and listing of
that DPS as endangered may be warranted. The ESA defines a ``species''
as ''...any subspecies of fish or wildlife or plants and any distinct
population segment of any species of vertebrate fish or wildlife which
interbreeds when mature.'' NMFS and the U.S. Fish and Wildlife Service
(the Services) published a joint policy defining the phrase ``distinct
population segment'' on February 7, 1996 (61 FR 4722). Two elements are
considered in a decision on whether a population segment qualifies as a
DPS under the ESA: discreteness of the population segment in relation
to the remainder of the species and significance of the population
segment to the species. If a population segment qualifies as a DPS, the
conservation status of that DPS is evaluated to determine whether it is
threatened or endangered. Under section 4(b)(3) of the ESA, an
affirmative 90-day finding requires that we commence a status review on
the loggerhead turtle. The Services recently completed a 5-year review
of the loggerhead turtle, as required under section 4(c)(2) of the ESA
(NMFS and U.S. Fish and Wildlife Service, 2007). This review
recommended that a full status review of the loggerhead be conducted in
accordance with the DPS policy. We have initiated this review, and,
once it has been completed, we will make a finding on whether
reclassification of the loggerhead in the western North Atlantic Ocean
as endangered is warranted, warranted but precluded by higher priority
listing actions, or not warranted, as required by section 4(b)(3)(B) of
the ESA. The review will also consider whether any additional changes
to the current globally threatened listing for the loggerhead are
warranted.
There is no critical habitat designated for the loggerhead turtle.
The ESA currently requires us to make a critical habitat determination
concurrent with listing determinations. The ESA defines ``critical
habitat'' as
''...the specific areas within the geographical area 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... 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.''
Section 4(a)(1) Factors and Basis for Determination
Under section 4(a)(1) of the ESA and the implementing regulations
at 50 CFR 424.11(c), a species shall be reclassified if the Secretary
of Commerce or the Secretary of the Interior, as appropriate,
determines, based on the best scientific and commercial data available
after conducting a review of the species' status, that the species is
threatened or endangered because of any of the following factors: (1)
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 continued existence.
Information Solicited
To ensure that the status review is complete and based on the best
available data, we solicit information and comments on whether
loggerhead turtles in the western North Atlantic Ocean, or any other
area, qualify as a DPS and, if so, whether it should be classified as
threatened or endangered. Specifically, we are soliciting information
in the following areas relative to loggerheads in the western North
Atlantic and elsewhere: (1) Historical and current population status
and trends; (2) historical and current distribution; (3) migratory
movements and behavior; (4) genetic population structure; (5) current
or planned activities that may adversely impact loggerheads; and (6)
ongoing efforts to protect loggerheads.
We also request information on areas within U.S. jurisdiction that
may qualify as critical habitat for loggerhead turtles, both in the
western North Atlantic Ocean and elsewhere within the species' range.
Areas that include the physical and biological features essential to
the conservation of the species that may require special management
considerations or protection should be identified. Areas outside the
present range should also be identified if such areas are essential to
the conservation of the species. Essential features include, but are
not limited to: (1) space for individual 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).
We request that all data, information, and comments be accompanied
by supporting documentation such as maps, bibliographic references, or
reprints of pertinent publications. All submissions should contain the
submitter's name, address, and any association, institution, or
business that the person represents. Comments and materials received
will be available for public inspection, by appointment, during normal
business hours at the above address (see ADDRESSES).
Peer Review
For listings, delistings, and reclassifications under the ESA, the
Services issued a joint policy for peer review of the scientific data
(59 FR 34270, July 1, 1994). On January 14,
[[Page 11851]]
2005, the Office of Management and Budget (OMB) published its Final
Information Quality Bulletin for Peer Review (70 FR 2664). The intent
of the peer review policy and the OMB Information Quality Bulletin for
Peer Review 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 serve as peer reviewers for
the loggerhead status review. 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
National Marine Fisheries Service and U.S. Fish and Wildlife
Service. 2007. Loggerhead sea turtles (Caretta caretta) 5-year review:
summary and evaluation. 65 pp.
Authority: 16 U.S.C. 1531 et seq.
Dated: February 28, 2008.
Samuel D. Rauch, III,
Deputy Assistant Secretary for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E8-4231 Filed 3-4-08; 8:45 am]
BILLING CODE 3510-22-S