[Federal Register Volume 74, Number 9 (Wednesday, January 14, 2009)]
[Rules and Regulations]
[Pages 1937-1946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-635]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 071128765-81658-02]
RIN 0648-AW32
Endangered and Threatened Wildlife and Plants; Endangered Status
for Black Abalone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Following completion of an Endangered Species Act (ESA) status
review for black abalone (Haliotis cracherodii), we, NOAA's National
Marine Fisheries Service (NMFS), published a proposed rule to list
black abalone as endangered on January 11, 2008. After considering
public comments on the proposed rule, we issue this final rule to list
black abalone as endangered under the ESA. We also solicit information
relevant to the designation of critical habitat for black abalone.
DATES: Effective February 13, 2009.
ADDRESSES: You may submit information by any of the following methods:
Federal Rulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 1-562-980-4027, Attention: Melissa Neuman.
Mail: Submit written information to Chief, Protected
Resources Division, Southwest Region, National Marine Fisheries
Service, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.
Reference materials regarding this determination can be obtained
via the Internet at: http://www.swr.nmfs.noaa.gov (go to ``Latest
News''/``News Archives''/January 2008). A request may also be submitted
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 the National Marine Fisheries Service's
(NMFS') Candidate Species List on June 23, 1999 (64 FR 33466), and
transferred to the NMFS' Species of Concern List on April 15, 2004 (69
FR 19975). We initiated an informal ESA status review of black abalone
on July 15, 2003, and formally announced initiation of a status review
on October 17, 2006 (71 FR 61021), at the same time soliciting
information from the public on the status of and threats facing black
abalone. On December 27, 2006, we received a petition from the Center
for Biological Diversity (CBD) to list black abalone as either an
endangered or threatened species under the ESA and to designate
critical habitat for the species concurrently with any listing
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determination. We published a 90-day finding on April 13, 2007 (72 FR
18616), stating that the CBD petition presented substantial scientific
information indicating that the petitioned actions may be warranted.
In June 2007, we assembled a Status Review Team (SRT) to review the
available information, assess the extinction risk and threats facing
the species, and produce an ESA status review report for black abalone.
The status review report (VanBlaricom et al., 2007) provides a thorough
account of black abalone biology and natural history, and assesses
demographic risks, threats and limiting factors, and overall extinction
risk.
The NMFS Southwest Region initiated a technical peer review of the
draft status review report on January 9, 2008. A proposal to list black
abalone as endangered, a solicitation for public comment on the
proposed rule, and solicitation for additional information regarding
black abalone status and habitat needs were published in the Federal
Register on January 11, 2008 (73 FR 1986). Technical comments received
from reviewers and public comments received on or before April 10,
2008, are addressed in the final status review report and this rule.
Biology and Life History of Black Abalone
A thorough account of black abalone biology and life history may be
found in the status review report (VanBlaricom et al., 2008) and in the
proposed rule to list black abalone as endangered under the ESA (73 FR
1986; January 11, 2008).
Statutory Framework for ESA Listing Determinations
Section 4 of the ESA (16 U.S.C. 1533) and implementing regulations
(50 CFR part 424) set forth the procedures for adding species to the
Federal list of threatened and endangered species. Section 4 requires
that listing determinations be based solely on the best scientific and
commercial data available, without consideration of possible economic
or other impacts of such determinations, after conducting a status
review of the species and considering conservation efforts being made
to protect the species. After assessing a species' level of extinction
risk and identifying factors, listed in section 4(a)(1), that have led
to its decline, we assess efforts being made to protect the species to
determine if those measures ameliorate the risks faced by the species.
In judging the efficacy of existing protective efforts, we rely on the
joint NMFS/U.S. Fish and Wildlife Service ``Policy for Evaluation of
Conservation Efforts When Making Listing Decisions'' (``PECE;'' 68 FR
15100; March 28, 2003).
Summary of Comments Received in Response to the Proposed Rule
A joint NMFS/U.S. Fish and Wildlife Service policy requires us to
solicit independent expert review from at least three qualified
specialists (59 FR 34270; July 1, 1994). The Office of Management and
Budget (OMB) Information Quality Bulletin for Peer Review (December
2004) further establishes minimum peer review standards, a transparent
process for public disclosure of peer review planning, and
opportunities for public participation. The OMB Bulletin, implemented
under the Information Quality Act (Public Law 106-554), is intended to
enhance the quality and credibility of the Federal Government's
scientific information and applies to influential or highly influential
scientific information disseminated on or after June 16, 2005. Pursuant
to our 1994 policy and the OMB Bulletin, we solicited the expert
opinions of ten appropriate and independent specialists regarding
pertinent scientific or commercial data and assumptions relating to the
taxonomic, genetic, biological and ecological information supporting
the proposal to list black abalone. We conclude that these expert
reviews satisfy the requirements for ''adequate peer review'' under the
OMB Bulletin and the requirements of the joint 1994 peer review policy.
All of the independent experts found that the scientific information
supported listing of black abalone as an endangered species.
No public hearings were requested during the 90-day public comment
period on the proposed rule to list the black abalone as an endangered
species, and no hearings were held. During the public comment period,
however, we received seven written comments on the proposed rule: three
from private citizens, three from non-governmental organizations, and
one from a local government agency. Of the seven comments we received,
four clearly stated their support for listing black abalone as an
endangered species. Other commenters felt that the protections provided
to black abalone from an ESA listing, namely habitat protection and
protection from harvesting, would not benefit the species and that more
emphasis needs to be placed on the treatment of withering syndrome, a
fatal abalone disease. One commenter expressed concern over the
methodology used to estimate the risk of black abalone extinction
within the next 30 years and suggested that the risk analysis be
reviewed by epidemiologists with expertise in the spread of and
resistance to infectious diseases. A summary of the comments and the
responses thereto are presented here.
Comment 1: Several commenters indicated that listing black abalone
as endangered is not enough to ensure survival of the species and
questioned how active management will halt the progression of withering
syndrome.
Response: The final listing of black abalone as endangered under
the ESA offers protection to the species by prohibiting all of the
activities outlined in section 9 of the ESA (e.g., importation,
exportation, take, possession, sale, and delivery) that directly or
indirectly affect endangered species. These prohibitions apply to all
individuals, organizations, and agencies subject to U.S. jurisdiction.
Section 7(a)(2) of the ESA requires Federal agencies to consult with
NMFS to ensure that activities they authorize, fund, or carry out are
not likely to jeopardize the continued existence of a listed species or
destroy or adversely modify critical habitat.
We acknowledge that managing the threat of withering syndrome will
be difficult, especially because the etiology of the pathogen that
causes the disease is unknown. However, the ESA requires that we
evaluate all of the threats that a species faces and base our listing
determination on that evaluation. Individual threats will be addressed
in a recovery plan and through a critical habitat designation, both of
which will be developed subsequent to this final rule. The recovery
plan and subsequent rulemaking to designate critical habitat will
incorporate the best available scientific information on methods to
minimize the threat of withering syndrome in areas that have been
exposed to it and halt further progression of the disease to areas that
remain unaffected.
Comment 2: Several commenters urged NMFS to initiate a multi-step
recovery plan. It was suggested that a large part of the recovery
process needs to be focused on how to treat and eliminate withering
syndrome because that is the major cause for the species' decline. One
commenter provided information that there are disease-resistant abalone
present at San Nicolas Island and felt that these should be used in a
breeding program as part of a recovery plan. Another commenter
suggested that the recovery plan identify the Channel Islands as an
area for restoration activities because the islands historically
supported high abundances of black abalone, are protected from certain
stressors because of their
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isolation from the mainland, have an additional law enforcement
presence, and currently support a well-established abalone research and
monitoring program.
Response: We recognize the urgent need for a recovery plan and will
assemble a team of abalone experts to assist in the development of a
recovery plan for the species. This recovery plan will specify recovery
actions that should be carried out (e.g., disease treatment and
elimination, restoration, enhancement); the geographic scope of
recovery actions; and demographic, threats-based and long-term
monitoring criteria that must be met in order to remove black abalone
from the endangered species list. If the existence of withering
syndrome-resistant black abalone is confirmed, we will consider
incorporating their use into a captive propagation and enhancement
program. The Channel Islands area should be emphasized in the recovery
plan both in terms of continued monitoring and research and new
restoration activities.
Comment 3: Two commenters were concerned about the threats of
anthropogenic green house gas emissions, sea level rise, elevated water
temperatures and ocean acidification to black abalone. One commenter
was concerned about the entrainment and/or impingement risks posed by
activities that involve the intake of seawater (e.g., desalination
plants, coastal power generating facilities, and liquefied natural gas
terminals). These commenters asserted that the proposed rule failed to
identify and assess these threats adequately.
Response: Sea level rise and elevated water temperatures, induced
by long-term climate change, were identified as threats to black
abalone in the draft status review report that supported our proposed
rule (VanBlaricom et al., 2007). On a scale ranging from low to high
overall threat level, sea level rise was assigned a medium threat level
and elevated water temperature was assigned a high threat level. A few
studies have examined the effects of rising sea surface temperature on
abalone at the individual level and indicate that elevated temperatures
are likely to have negative consequences on those abalone species
associated with cooler water temperatures and on abalone species that
are particularly susceptible to withering syndrome. For example, when
red abalone were held at elevated laboratory water temperatures over
the course of a year (Vilchis et al., 2005), growth and reproduction
halted and mortality due to withering syndrome rose significantly. We
are not aware of any studies that have examined the potential effects
of sea level rise on abalone. While the extent of future impacts
resulting from sea level rise remains uncertain, sea level rise may
result in loss of suitable black abalone habitat in preferred depth
range because of increased erosion, turbidity and siltation.
We have revised the threat assessment in the status review report
to analyze the impacts of ocean acidification resulting from the
elevated carbon dioxide levels in the world's oceans (VanBlaricom et
al., 2008). Ocean acidification was assigned an overall threat level of
medium. A few studies have examined the effects of elevated ocean
acidity on marine gastropods and the coralline algae they graze upon at
settlement. Reduced growth and survivorship resulted when marine
gastropods were exposed to a small pH reduction over the course of six
months (Shirayama and Thornton, 2005), and calcification rates dropped
by as much as 40% in coralline algae exposed to increased partial
pressure of CO2 (Feely et al., 2004). Thus, although the
magnitude and timing of ocean acidification remain uncertain, reduced
ocean pH levels may result in mortality, lower reproductive potential,
and reduced individual growth of black abalone.
While we recognize that long-term climate change in coastal marine
systems will result in a number of abiotic shifts that could affect
black abalone, the biological responses to these shifts at the
population, species and ecosystem levels are complex and not yet
predictable. Thus, the magnitude and timing of the risks associated
with long-term climate change remain uncertain and require future
studies and better predictive models (Harley et al., 2006). However,
the overall threat rankings assigned to sea level rise, elevated water
temperatures, and reduced pH levels are correct according to the
criteria used in the threats assessment and described in more detail in
the status review report (VanBlaricom et al., 2008).
We acknowledge that entrainment or impingement of young stages of
black abalone is possible when activities that require intake of
seawater are conducted (e.g., desalination plants, coastal power
generating facilities, and liquefied natural gas terminals) and have
revised the threats assessment in the status review report accordingly
(VanBlaricom et al., 2008). Entrainment and/or impingement were
assigned an overall threat level of low, because their severity and
geographic scope were considered to be low and because there is a high
degree of uncertainty regarding whether this threat affects black
abalone. We are unaware of any studies that have assessed the historic,
current or future effects of entrainment and/or impingement on abalone.
However, certain aspects of the life history of black abalone suggest
that entrainment/impingement risk could be relatively low. Larvae and
juveniles are not likely to be in close proximity to seawater intakes
because black abalone adults are believed to spawn in relatively
protected and confined rocky crevices and cracks, larval dispersal time
is limited (about 3-10 days before settlement and metamorphosis;
McShane, 1992), larvae may disperse over distances of only a few meters
(Chambers et al., 2005), and genetic analyses support minimal gene flow
among populations and a low degree of interchange via larval dispersal
(Hamm and Burton, 2000).
Comment 4: Two commenters felt that designating critical habitat
should be a top priority and urged NMFS to consider designating
critical habitat throughout the historic range of black abalone. One
commenter suggested that sufficient higher elevation areas should be
considered as critical habitat to account for rising sea level. Another
commenter proposed that the Channel Islands should be included in a
critical habitat designation for black abalone.
Response: NMFS solicits information on critical habitat features
and intends to proceed with a proposed designation in a subsequent
rulemaking. A team of experts will be convened to evaluate the best
scientific information available on geographical areas occupied by
black abalone at the time of listing, including areas of the Channel
Islands, that contain physical or biological features essential to the
conservation of the species and which may require special management
considerations or protection. The team will also evaluate whether areas
outside the geographical area occupied by the species at the time of
listing, including some areas of the Channel Islands, areas within the
historic range of the species, and higher elevation areas along the
coast, are essential for the conservation of the species.
Comment 5: One commenter felt that the proposed rule was not an
accurate assessment of the extinction risk to black abalone, and to get
an accurate assessment, epidemiologists with expertise in withering
syndrome would need to be consulted. The commenter also questioned
whether withering syndrome should be considered the primary threat to
near-term extinction of black abalone given that recent literature
suggests that infectious
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diseases play a limited role in promoting extinction of species.
Response: The methods used for evaluating extinction risk in black
abalone provide an accurate assessment of the probability of near-term
extinction. The SRT used a simple quantitative model, incorporating
uncertainty, to assess the risk that withering syndrome poses to black
abalone. The method relies on the expert opinions of the SRT members
and quantitative information presented in the status review report.
First, a range of categorical probabilities was established for two
scenarios: (1) that the spread of withering syndrome will cease, and
(2) that black abalone will develop resistance to withering syndrome
over the next 30 years. After considering the data collected and
analyzed in previous sections of the status review report, SRT members
adjusted the probabilities according to how certain they were that a
particular probability category would occur. Finally, a single belief-
weighted overall probability of effective extinction in 30 years of 96
percent was determined. All of the status review team members were
certain that the probabilities of scenario (1) or (2) occurring were
very low (less than 15 percent).
Although the commenter refers to recent literature suggesting that
infectious diseases play a limited role in promoting extinction, the
conclusions reached in the cited literature do not apply in the case of
black abalone, as is well documented in the status review report.
Specifically, the correlation between increased spread and
manifestation of withering syndrome with elevated water temperatures,
evidence of a variety of factors that can lead to rising ocean
temperatures over large geographic scales, and the unequivocal
empirical record of large scale population declines and little evidence
of local recovery all suggest that withering syndrome will continue to
play a significant role in determining the future of black abalone. In
addition, there is now substantial concern among scientists and marine
resource managers about the emergence of virulent diseases in marine
organisms on a global scale in association with ocean warming in recent
decades (e.g., Harvell et al., 1999; Harvell et al., 2002). Recent
surveys of the literature suggest that the frequency of reporting of
new diseases has increased for several major marine taxa, including
mollusks (e.g., Ward and Lafferty, 2004).
The commenter questioned whether the status review team members
were experts in disease ecology and, if not, was concerned that the
team might not be qualified to assess the species' risk of extinction
due to withering syndrome. Currently, we are not aware of any
epidemiologists that specialize in withering syndrome, as it is a
fairly new disease. Because the etiology of the pathogen that causes
the disease is unknown and no epidemiological expertise exists, a team
of scientists and resource managers familiar with the demography and
ecology of black abalone and its decline was sufficient to assess the
near-term risk that withering syndrome poses to the species. While our
team members may not have had expertise in the evolution of disease
resistance, the team's assessment of near-term extinction risk due to
withering syndrome is the best scientific information available and an
appropriate basis upon which to list black abalone as endangered
because: (1) the team considered all of the relevant data on risks
associated with the spread of withering syndrome and the disease's
prevalence; and (2) emergence of widespread disease resistance within
the next 30 years is unlikely given that it has not occurred during the
previous 20 years of marked recorded decline.
Consideration as a ``Species'' Under the ESA
The ESA defines a species as ``any species or subspecies of
wildlife or plants, or any distinct population segment of any species
of vertebrate fish or wildlife which interbreeds when mature.'' Black
abalone is a marine invertebrate and is not a subspecies; therefore, we
list black abalone at the species level.
Status of Black Abalone
Black abalone has experienced major declines in abundance that
prompted closure of the commercial and recreational fisheries in 1993
and resulted in local extinctions and low local densities in the
majority of long-term monitoring studies in California (Tissot, 2007).
These declines have been particularly severe in the Channel Islands
which were major foci for the commercial fishery from 1970-1993 and
where abalone densities were high (greater than 40 m-2) as late as the
mid-1980s. Although the geographic range of black abalone extends to
northern California, the vast majority of abalone populations have
historically occurred south of Monterey, particularly in the Channel
Islands (Cox, 1960; Karpov et al., 2000). Thus, black abalone
populations have been severely reduced in areas that comprised the
majority of the adult abalone populations in California.
Natural recovery of severely reduced abalone populations can be a
very slow process (e.g., Tegner, 1992). This is largely due to the low
reproductive success of widely dispersed adult populations coupled with
short larval dispersal distances (see ``Reproduction and Spawning
Density'' in VanBlaricom et al., 2008). Therefore, severely reduced
populations, in addition to providing few reproductive adults, also
experience reduced success of fertilization and recruitment of larval
abalone.
Moreover, many studies have shown that abalone larvae are generally
not widely dispersed. For example, Prince et al. (1988) and McShane
(1992) showed a strong correlation between the abundances of adult and
newly recruited abalone at several sites in South Australia, which
suggests that larvae are not dispersed very far from their point of
origin. Similarly, Tegner (1992) showed that recruitment of juvenile
green abalone was rare in Palos Verdes, California, where adult abalone
were very uncommon even though abundant adult stocks were found less
that 30 km away in the Channel Islands. Thus, although more abundant
black abalone populations occur in central and perhaps northern
California, decimated stocks in southern California are unlikely to
receive significant recruitment from these distant populations (Hamm
and Burton, 2000).
Studies indicate that a local adult density ``threshold'' exists
and influences local recruitment. Below the critical threshold density
gametes released by males and females into the water column do not meet
successfully and fertilization does not take place. Recovery will
largely depend on the density of local brood stocks and whether this
density is below the critical value necessary for successful
recruitment (Tegner, 1992). Based on empirical data from three long-
term studies of black abalone in California, recruitment failure
occurred below adult densities of 0.75-1.10 m-2 (Tissot, 2007). Given
that the majority of populations south of Cayucos in central California
are below this threshold, many significantly so, it seems unlikely that
these populations will be able to recover naturally to their former
abundances, at least in the near future. Moreover, given the continued
decline of most populations and the continued northward expansion of
withering syndrome with warming events (Raimondi et al., 2002), it
seems likely that black abalone populations will continue to decline
across their range.
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Assessment of Risk of Extinction
Analysis of Demographic Risk
The demographic risks that black abalone face were assessed by
considering four demographic criteria (abundance, growth rate/
productivity, spatial structure/connectivity, and genetic diversity)
and other key risks (e.g., threats). The SRT unanimously viewed black
abalone as being at high risk of extinction throughout all or a
significant portion of its range due to low abundance, low growth and
productivity, compromised spatial structure and population
connectivity, low genetic diversity, and the continued manifestation
and spread of withering syndrome. This assessment is presented in more
detail in the status review report (VanBlaricom et al., 2008) and in
the proposed rule to list black abalone as endangered under the ESA (73
FR 1986; January 11, 2008).
Quantitative Representation of Expert Opinion Incorporating Uncertainty
VanBlaricom et al. (2008) calculated the probability of extinction
with time using a simple formula that accounts for the main threat that
black abalone faces: withering syndrome. The probability of extinction
is considered as a function of two parameters (R=the probability that
the northward spread of withering syndrome will cease very soon and
S=the probability that resistance will emerge very soon in the host).
If this threat alone results in a high risk of extinction in a short
time (i.e. 30 years- the expected life span of black abalone), then
analysis of that factor alone may suffice to evaluate whether the
species is in danger of extinction currently or in the foreseeable
future. Assuming R and S are independent, the overall probability of
functional extinction (i.e. the reproductive potential of isolated
survivors is zero and no viable populations remain) in 30 years based
on the SRT members' best professional judgment was 96 percent.
Summary of Factors Affecting the Species
According to section 4 of the ESA, the Secretary of Commerce
(Secretary) determines whether a species is threatened or endangered as
a result of any (or a combination) of the following factors: the
present or threatened destruction, modification, or curtailment of its
habitat or range; overutilization for commercial, recreational,
scientific or educational purposes; disease or predation; inadequacy of
existing regulatory mechanisms; or other natural or man-made factors
affecting its continued existence. Collectively, these are often
referred to as ``factors for decline'' or ``listing factors.
To determine the species' present vulnerability to extinction, we
considered the historic, current, and/or potential impact of the
listing factors on black abalone, as these relate to current species
distribution and abundance, and the other demographic factors discussed
above.
Present or Threatened Destruction, Modification, or Curtailment of its
Habitat or Range
Elevated water temperatures are likely to have contributed to the
decline of black abalone and pose a serious threat to the ability of
the species to persist, because elevated water temperatures are
correlated with accelerated rates of withering syndrome transmission
and disease-induced mortality. Water temperatures can become elevated
because of anthropogenic sources of thermal effluent and long and
short-term climate change (e.g., global climate change and El Nino
Southern Oscillation). Although there is no explicitly documented
causal link between the existence of withering syndrome and long-term
climate change, patterns observed over the past three decades suggest
that progression of ocean warming associated with large-scale climate
change may facilitate further and more prolonged vulnerability of black
abalone to effects of withering syndrome.
Other activities leading to substrate destruction, such as coastal
development, recreational access, cable repairs, nearshore military
operations and benthic community shifts, have a narrow geographic
scope, uncertain or indirect effects on black abalone, or occur
infrequently. Some exceptions may exist in the cases of sedimentation
and sea level rise, because these threats have the potential to produce
more widespread impacts; but the certainty that these factors will
affect black abalone are low. For example, sea level rise may result in
loss of suitable habitat in a preferred depth range because of
increased erosion, turbidity and siltation; but we currently lack
information to determine whether these habitat changes will be
important factors for further decline.
Finally, reduced food quality and quantity were classified as
having a relatively low impact. Studies have shown that reductions and
increases in kelp abundance are not correlated with black abalone
abundance (e.g., Friedman et al., 1997). Thus, reduced food quality and
quantity has likely not played an important role in the overall decline
of black abalone, and unless new information surfaces, this factor is
not believed to pose a significant threat in the future.
Overutilization for Commercial, Recreational, Scientific or Educational
Purposes
Throughout most of the species' range, local densities are below
the critical threshold density required for successful spawning and
recruitment. These low densities have occurred in part because of
overutilization for commercial and recreational purposes prior to the
California fishery closure in 1993. (The other major cause for these
mass moralities is withering syndrome. See Disease or Predation below).
Data from abalone fisheries in California and Baja California, Mexico
indicate a decline in landings of at least 93 percent during the 1990s.
These reductions, however, may not be indicative of population declines
due only to fishing activities because mass mortalities due to
withering syndrome had begun in many locations at approximately the
same time. Rogers-Bennett et al. (2002) estimate that the California
abalone fisheries may have contributed up to a 99 percent reduction in
black abalone abundance in the USA, but the population may have already
been declining due to the effects of withering syndrome (see Status of
Black Abalone above). Thus, the estimated take of 3.5 million black
abalone in California's commercial and recreational abalone fisheries
likely contributed to the decline of local densities. This threat no
longer exists in California because the black abalone fisheries were
closed in 1993. The limited information we have from Mexico makes it
difficult to ascertain the relative importance of fishing to overall
species decline.
Disease or Predation
Withering syndrome in black abalone is caused by a Rickettsia-like
prokaryotic organism, ``Candidatus Xenohaliotis californiensis''
(Gardner et al., 1995; Friedman et al., 1997; Friedman et al., 2000;
Friedman et al., 2002). Candidatus Xenohaliotis californiensis
(hereafter ``abalone rickettsia'') occurs in epithelial cells of the
gastrointestinal tract. Infected symptomatic animals are unable to
transfer digested food materials from the gut lumen into the epithelial
cells and beyond, resulting in malnutrition, dramatic loss of tissue
mass, and eventual death. The same pathogen is known to cause symptoms
of withering syndrome in red abalone, and mortality rate is positively
associated with water temperature in both red and black
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abalone (Moore et al., 2000a, b; Vilchis et al., 2005).
The first reported occurrence of significant numbers of black
abalone with symptoms of withering syndrome on the California mainland
was in San Luis Obispo County in 1988 (Steinbeck et al., 1992).
Afflicted animals were found primarily within a cove receiving warmed
effluent seawater from the cooling system of a nearby nuclear power
plant. A mass mortality of black abalone occurred at the site between
1988 and 1989, with mortality rates correlating well to local patterns
of sea temperature elevation associated with power plant effluent
(Steinbeck et al., 1992).
In wild animals symptomatic for withering syndrome, weakness
resulting from the disease may cause the individual to lose the
typically secure grip on the rocky substratum in response to wave
impacts, allowing attack by predators or scavengers before the
individual succumbs to the disease itself. Transfer of pathogens from
animal to animal is fecal to oral on a local scale, and is therefore
likely facilitated by aggregation of abalone in natural habitats.
Transmission pathways on large spatial scales are entirely unknown at
present. The pathogen for withering syndrome is now reported to be
endemic to all the coastal marine waters of central (Friedman and
Finley, 2003) and southern California (Moore et al., 2002) south of San
Francisco.
In the vast majority of cases where long-term monitoring data are
available, the appearance of animals symptomatic for withering syndrome
in a population lead inevitably to rapid and dramatic declines in
population size, most often in excess of 90 percent (Tissot, 2007). The
pattern has been documented for black abalone populations throughout
the range in California. Reports indicate similar trends for black
abalone populations in Mexico. Exceptions exist at San Miguel Island,
where rates of decline at some long-term study sites have been
atypically slow, and at one location each on Santa Cruz and San Nicolas
islands. These exceptions suggest the potential for resilience and
recovery in populations reduced dramatically by withering syndrome.
However, Tissot (2007) describes the negative impacts of withering
syndrome in multiple locations across the entire range of the species,
coupled with evidence of increasing geographic scope of impact. Tissot
(2007) indicates that withering syndrome continues to damage the size
and sustainability of black abalone populations on a large scale.
We conclude that withering syndrome has been and continues to be
the primary threat contributing to the decline of black abalone. The
disease has caused mass mortality and near extirpation of populations
throughout most of the species' range and the disease continues to
spread to populations in Monterey County and to the north. The rate at
which the disease is spreading northward will likely be exacerbated by
warmer water temperatures that may result due to a variety of factors.
Abalone face predatory pressure from a number of consumer species
such as gastropods, octopuses, lobsters, sea stars, fishes and sea
otters (Ault, 1985; Estes and VanBlaricom, 1985; Shepherd and Breen,
1992). Despite the large number of identified abalone predators, we are
aware of no studies that estimate mortality rates of black abalone in
association with the predator species that have been identified. In the
past black abalone populations were much more robust and able to absorb
losses due to predation without compromising viability. Now that the
few remaining populations are smaller, more isolated, and still
declining throughout the range, predation may pose risk to the future
survival of the species. In addition, non-anthropogenic predation could
limit the effectiveness of future recovery efforts by interacting with
other limiting factors.
Inadequate Regulatory Mechanisms
Although withering syndrome is spread largely by factors other than
aquaculture, there is evidence suggesting that aquaculture operations
provide a pathway for the spread of the disease (Friedman and Finley,
2003). Past State and federal regulations were not adequate to prevent
the spread of withering syndrome within and outside the United States
through the transfer of infected animals from one aquaculture facility
to another and outplanting of infected animals from aquaculture
facilities to the wild.
Recent State regulations to carefully monitor the health of abalone
at aquaculture facilities and control the importation/exportation of
abalone among facilities will likely reduce the threat that the
aquaculture industry poses in the future. Currently, the State monitors
aquaculture facilities for introduced organisms and disease on a
regular basis. There is also a restriction on out-planting abalone from
facilities which have not met certification standards. If new State
regulations to carefully monitor aquaculture facilities are effective,
the future threat that they pose to black abalone will be limited. In
fact, aquaculture may emerge as an important, and possibly the only
effective recovery tool for restoring black abalone populations through
captive propagation and outplanting efforts.
Purposeful illegal harvest, typically termed poaching, has been a
source of mortality for black abalone throughout their range since the
establishment of harvesting regulations by the State of California
(Taniguchi, unpublished data). Since the closure of the California
black abalone fishery in 1993, a number of black abalone poaching cases
along the California mainland coast, particularly in the northern
portion of black abalone's geographic range, have been documented by
the California Department of Fish and Game (CDFG) from 1993-2003
(Taniguchi, unpublished data). The chronic virtual absence of black
abalone populations from highly accessible intertidal habitats near
human population centers in California during the twentieth century
also supports the conclusion that poaching has been a source of abalone
mortality.
Enforcement effort has varied over the ten-year time period of
1993-2003, and was increased in 2000 because of coordinated efforts
between CDFG marine and coastal regions and planned overflights along
the Central California coast during low tides. The problem of poaching
persists, and existing regulatory mechanisms have not yet effectively
reduced the risks posed by illegal take.
Other Natural or Man-made Factors
Environmental pollutants and toxins are likely present in areas
where black abalone have occurred and still occur, but evidence
suggesting causal and/or indirect negative effects on black abalone due
to exposure to pollutants or toxins is limited (e.g., Martin et al.,
1977; Miller and Lawrenz-Miller, 1993). There is ongoing concern that
accidentally spilled oil from offshore drilling platforms or various
types of commercial vessels could occur near shore in California and
could affect a significant proportion of black abalone habitat;
however, at this time we are uncertain how such an event would impact
the species' overall status. The overall risk that environmental
pollutants and toxins have posed is probably low given their limited
geographic scope and uncertain effects on black abalone; however, a
single event, depending on where it occurs, could irreparably damage
one or more of the few remaining viable populations of black abalone.
[[Page 1943]]
A small number of studies have examined the effects of elevated
ocean acidity on marine gastropods and the coralline algae they graze
upon at settlement. Although the magnitude and timing of ocean
acidification remain uncertain and no direct linkages have been
established between ocean acidification and black abalone, reduced pH
levels have the potential to result in mortality, lower reproductive
potential, and reduced individual growth.
Entrainment or impingement of young stages of black abalone may
result when activities that require intake of seawater are conducted
(e.g., desalination plants, coastal power generating facilities, and
liquefied natural gas terminals). Entrainment or impingement risk is
likely to be relatively low because larvae and juveniles are spatially
and temporally restricted (McShane, 1992; Chambers et al., 2005, Hamm
and Burton, 2000). Thus, the potential for large numbers of young black
abalone to be present in a volume of water that becomes entrained at a
sea water intake is likely low. However, until studies examine the
potential for traditional and new power generating methods to entrain
or impinge early life stages of black abalone, the effects of these
activities on the species remain highly uncertain.
SRT Assessment of Overall Extinction Risk
The SRT concluded unanimously that black abalone is in danger of
extinction throughout all of its range. The spread of withering
syndrome poses imminent and significant risk to the species and
exacerbates the high levels of demographic risk to which black abalone
are subject as a result of extremely low local densities, low levels of
growth and productivity, limited spatial structure and connectivity,
and loss of genetic diversity. In addition, the SRT estimated that
there is approximately a 96 percent probability that black abalone will
suffer functional extinction throughout its range within the next 30
years.
Efforts Being Made to Protect the Species
When considering the listing of a species, section 4(b)(1)(A) of
the ESA requires consideration of efforts by any State, foreign nation,
or political subdivision of a State or foreign nation to protect such
species. Such efforts would include measures by Native American tribes
and organizations and local governments, and may also include efforts
by private organizations. Also, Federal, tribal, state, and foreign
recovery actions developed pursuant to 16 U.S.C. 1533(f) constitute
conservation measures. On March 28, 2003, NMFS and the U.S. Fish and
Wildlife Service (USFWS) published the final Policy for Evaluating
Conservation Efforts (PECE)(68 FR 15100). The PECE provides guidance on
evaluating current protective efforts identified in conservation
agreements, conservation plans, management plans, or similar documents
(developed by Federal agencies, state and local governments, tribal
governments, businesses, organizations, and individuals) that have not
yet been implemented or have been implemented but have not yet
demonstrated effectiveness. The PECE establishes two basic criteria for
evaluating current conservation efforts: (1) the certainty that the
conservation efforts will be implemented, and (2) the certainty that
the efforts will be effective. The PECE provides specific factors under
these two basic criteria that direct the analysis of adequacy and
efficacy of existing conservation efforts. As evaluated pursuant to
PECE, the protective efforts described below do not as yet,
individually or collectively, provide sufficient certainty of
implementation and effectiveness to counter the extinction risk
assessment conclusion that the species is in danger of extinction
throughout its range.
National Marine Fisheries Service Programs
Black abalone was added to NMFS= Candidate Species List on June 23,
1999 (64 FR 33466), and remained on this list after we redefined the
term ``candidate species'' on April 15, 2004 (69 FR 19975). Candidate
species are those petitioned species that are actively being considered
for listing as endangered or threatened under the ESA, as well as those
species for which we have announced initiation of an ESA status review
in the Federal Register. Black abalone was also added to the NMFS'
Species of Concern List, which was created on April 15, 2004 (69 FR
19975). Species of concern are those species about which we have some
concerns regarding status and threats, but for which insufficient
information is available to indicate a need to list the species under
the ESA. . Neither the ``candidate species'' nor ``species of concern''
classification carries any procedural or substantive protections under
the ESA.
National Marine Sanctuaries Program
Three coastal national marine sanctuaries in California contain
intertidal habitat suitable for black abalone: Channel Islands National
Marine Sanctuary (CINMS), Monterey Bay National Marine Sanctuary
(MBNMS), and Gulf of the Farallones National Marine Sanctuary (GFNMS).
These sanctuary sites, administered by NOAA, are protected by federal
regulations pursuant to the National Marine Sanctuaries Act of 1972 as
amended (16 U.S.C. 1431 et seq.). See 15 CFR parts 922.71, 922.132, and
922.91, respectively. The regulations, which are similar at all three
sites, provide protection against some of the threats to black abalone.
At all three sanctuaries, the inshore boundary extends to the mean high
water line, thus encompassing intertidal habitat.
Direct disturbance to or development of black abalone intertidal
habitat is regulated at all three national marine sanctuaries. The
regulations at all three sanctuaries require permits for the alteration
of, construction upon, drilling into, or dredging of the seabed
(including the intertidal zone), with exceptions for anchoring,
installing navigation aids, special dredge disposal sites (MBNMS only),
harbor-related maintenance, and bottom tending fishing gear in areas
not otherwise restricted.
Water quality in black abalone habitat is regulated by strict
discharge regulations at all three national marine sanctuaries. The
regulations require permits for the discharge or deposit of pollutants
within or into sanctuaries, except for the discharge or deposit of
effluents required for normal boating operations (e.g., vessel cooling
waters and effluents from marine sanitation devices, fish wastes and
bait).
In addition to the permit requirement for the disturbance of the
submerged lands of any sanctuary resource, which would be necessary to
take black abalone, networks of marine reserves and marine conservation
areas have been established by the CDFG and NOAA within the CINMS and
by CDFG along portions of the MBNMS. Within these areas, especially
within CINMS where the protected areas have been in place since 2003
and are within the Channel Islands National Park, multi-agency patrols
provide elevated levels of enforcement presence and increased
protection against poaching of black abalone.
We conclude that these regulations do not sufficiently ameliorate
the extinction risk facing the species. Though the regulations may help
slow the rate at which withering syndrome, the main risk facing the
species, is progressing, they are unlikely to stop the progression of
withering syndrome in the near future.
[[Page 1944]]
State/Local Programs
The depleted condition of abalone resources prompted the California
Fish and Game Commission to close all abalone fisheries south of San
Francisco by 1997, beginning with the black abalone fishery in 1993.
The southern abalone fishery was closed indefinitely with the passage
of the Thompson bill (AB 663) in 1997. This bill created a moratorium
on taking, possessing, or landing abalone for commercial or
recreational purposes in ocean waters south of San Francisco, including
all offshore islands. The Thompson bill also mandated the creation of
an Abalone Recovery and Management Plan (ARMP), which was finalized in
December 2005. The bill further required the Fish and Game Commission
to undertake abalone management in a manner consistent with the ARMP.
The CDFG's ARMP provides a cohesive framework for the recovery of
depleted abalone populations in southern California, and for the
management of the northern California fishery and future fisheries. All
of California's abalone species are included in this plan: red, green,
pink, white, pinto (Haliotis kamtschatkana, including H.k. assimilis),
black, and flat abalone (H. walallensis). The ARMP provides a mechanism
for helping to slow the progression of disease and invasive/exotic
species through better monitoring of aquaculture facilities; however,
this effort may only make a relatively small difference to the threat
that disease poses given that spread of withering syndrome is due
largely to factors other than aquaculture operations. The ARMP also
provides a framework for restoring black abalone populations through
translocation and captive propagation and enhancement programs;
however, detailed plans and methodologies have neither been drafted nor
tested and therefore their effectiveness for conserving black abalone
remains uncertain.
International Conservation Efforts
The International Union for Conservation of Nature and Natural
Resources (IUCN) publishes a Red List of species that are at high risk
of extinction and, when data are sufficient, categorizes species as
either Extinct, Extinct in the Wild, Critically Endangered, Endangered,
Vulnerable, Near Threatened, or of Least Concern (IUCN, 2001). In 2003
the IUCN, based on an assessment by Smith et al. (2003), placed black
abalone on the Red List as Critically Endangered under criterion A4e.
Under criterion A4e, a species may be classified as Critically
Endangered, Endangered, or Vulnerable when its population size,
measured over the longer of 10 years or three generations, has declined
greater than or equal to 80, 50, or 30 percent respectively, due to an
``observed, estimated, inferred, projected or suspected population
reduction (up to a maximum of 100 years) where the time period must
include both the past and the future, and where the causes of reduction
may not have ceased or may not be understood or may not be reversible,
based on the effects of introduced taxa, hybridization, pathogens,
pollutants, competitors or parasites'' (IUCN, 2006). Inclusion on the
IUCN Red List does not carry any regulatory weight with regard to
conserving black abalone.
Final Listing Determination
Section 4(b)(1) of the ESA requires that the listing determination
be based solely on the best scientific and commercial data available,
after conducting a review of the status of the species and after taking
into account those efforts, if any, being made by any state or foreign
nation to protect and conserve the species. We have reviewed the
petition, the draft status report and the public comments, considered
protective efforts being made and other available published and
unpublished information, and consulted with species experts and other
individuals familiar with black abalone. On the basis of the best
available scientific and commercial information, we conclude that black
abalone is presently in danger of extinction throughout all of its
range. This endangered determination is based on a suite of risks that
black abalone face especially: (1) the spread of and mortality caused
by a disease called withering syndrome; (2) low adult densities below
the critical threshold density required for successful spawning and
recruitment; (3) elevated water temperatures that have accelerated the
spread of withering syndrome; (4) reduced genetic diversity that will
render extant populations less capable of dealing with both long- and
short-term environmental or anthropogenic challenges; and (5) illegal
harvest. The principal threat to black abalone is withering syndrome
and associated conditions that may promote the spread of the disease
(e.g., suboptimal water temperatures and introduction of infected
animals into previously unaffected areas). Withering syndrome has
caused mass mortality and near extirpation of populations in the recent
past, and the spread of withering syndrome threatens the species with a
very high probability (96 percent) of extinction within the next 30
years. This threat is unlikely to be ameliorated sufficiently by
current conservation efforts.
Prohibitions and Protective Measures
Section 9 of the ESA prohibits certain activities (e.g.,
importation, exportation, take, sale, and delivery) that directly or
indirectly affect endangered species. These activities would constitute
a violation of section 9, and prohibitions apply to all individuals,
organizations, and agencies subject to U.S. jurisdiction. Sections
10(a)(1)(A) and (B) of the ESA authorize NMFS to grant exceptions to
the ESA's section 9 take prohibitions. Section 10(a)(1)(A) scientific
research and enhancement permits may be issued to entities (Federal and
non-federal) for scientific purposes or to enhance the propagation or
survival of a listed species. Activities potentially requiring a
section 10(a)(1)(A) research/enhancement permit include scientific
research that targets black abalone. Under section 10(a)(1)(B), the
Secretary may permit takings otherwise prohibited by section 9(a)(1)(B)
if such taking is incidental to, and not the purpose of, the carrying
out of an otherwise lawful activity, provided that the requirements of
section 10(a)(2) are met.
Section 7(a)(2) of the ESA requires Federal agencies to consult
with NMFS to ensure that activities they authorize, fund, or carry out
are not likely to jeopardize the continued existence of a listed
species or to destroy or adversely modify critical habitat. Under
section 7(a)(4), Federal agencies must confer with us on any of these
activities to ensure that any such activity is not likely to jeopardize
the continued existence of a species proposed for listing or destroy or
adversely modify proposed critical habitat. Examples of Federal actions
that may affect black abalone include permits and authorizations
relating to coastal development and habitat alteration, oil and gas
development, military operations, coastal power plant operations, toxic
waste and other pollutant discharges, and aquaculture operations.
Identification of Activities That Would Constitute a Violation of
Section 9 of the ESA
On July 1, 1994, NMFS and USFWS published a policy to identify, to
the maximum extent possible, those activities that would or would not
constitute a violation of section 9 of the ESA once a species is listed
(59 FR 34272). The intent of this policy is to increase public
awareness of the effect
[[Page 1945]]
of listings on proposed and ongoing activities within the species'
range. We identify, to the extent known, specific activities that will
be considered likely to result in violation of section 9, as well as
activities that will not be considered likely to result in violation.
Activities that we believe could result in violation of section 9
prohibitions against ''take'' of black abalone include: (1)
unauthorized take; (2) activities that directly result in elevation of
sea surface temperatures (e.g. thermal effluent from power plants); (3)
substrate destruction in intertidal habitats that adversely affects
black abalone (e.g., coastal development, recreational access, oil
spills, sea level rise); (4) unauthorized transfer of abalone species
among aquaculture facilities or from aquaculture facilities to the
wild; (5) discharging or dumping toxic chemicals or other pollutants
into areas used by black abalone; and (6) unpermitted scientific
research activities. We believe, based on the best available
information, the following actions will not result in a violation of
section 9: (1) possession of black abalone which are acquired lawfully
by permit issued by NMFS pursuant to section 10 of the ESA, or by the
terms of an incidental take statement pursuant to section 7 of the ESA;
(2) federally funded or approved projects for which ESA section 7
consultation has been completed, and when activities are conducted in
accordance with any terms and conditions provided by NMFS in an
incidental take statement accompanying a biological opinion. These
lists are not exhaustive. They are intended to provide some examples of
the types of activities that might or might not be considered by NMFS
as constituting a take of black abalone under the ESA and its
regulations.
Critical Habitat
Critical habitat is defined in section 3 of the ESA as: (i) the
specific areas within the geographical area occupied by the species, at
the time it is listed in accordance with the ESA, 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 that such areas are essential for the conservation of
the species (16 U.S.C. 1532(5)(A)). ``Conservation'' means the use of
all methods and procedures needed to bring the species to the point at
which listing under the ESA is no longer necessary (16 U.S.C. 1532(3)).
Section 4(a)(3)(A) of the ESA requires that, to the maximum extent
prudent and determinable, critical habitat be designated concurrently
with the listing of a species (16 U.S.C. 1533(a)(3)(A)(i)). If critical
habitat is not determinable at the time of listing, an extension of one
year may be given, during which critical habitat must be designated (16
U.S.C. 1533(b)(6)(C)(ii)). Designations of critical habitat must be
based on the best scientific data available and must take into
consideration the economic, national security, and other relevant
impacts of specifying any particular area as critical habitat. Once
critical habitat is designated, section 7 of the ESA requires Federal
agencies to ensure that they do not fund, authorize or carry out any
actions that are likely to destroy or adversely modify that habitat.
This requirement is in addition to the section 7 requirement that
Federal agencies ensure that their actions do not jeopardize the
continued existence of listed species. We are currently considering
critical habitat for black abalone, but a proposed designation is not
yet determinable because: (1) we lack information sufficient to perform
required analyses of the impacts of the designation; and (2) the
habitat requirements of the species are not sufficiently well known to
permit identification of an area as critical habitat. Thus, we seek
public input to assist in gathering and analyzing the best available
scientific data and information to support a critical habitat
designation, which will be proposed in a subsequent Federal Register
notice. Specifically, we seek information regarding: (1) current or
planned activities within the range of black abalone, their possible
impact on black abalone, and how those activities could be affected by
a critical habitat designation; (2) quantitative evaluations describing
the quality and extent of marine intertidal or subtidal habitats
occupied in the past or presently by black abalone; and (3) the
economic costs and benefits likely to result from the designation of
critical habitat. We will continue to meet with co-managers and other
stakeholders throughout the designation process.
Joint NMFS/USFWS regulations for listing endangered and threatened
species and designating critical habitat at section 50 CFR 424.12(b)
state that the agency ``shall consider those physical and biological
features that are essential to the conservation of a given species and
that may require special management considerations or protection''
(hereafter also referred to as ``essential features''). Pursuant to the
regulations, such requirements include, but are not limited to the
following: (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 breeding, reproduction, rearing of offspring, germination, or
seed dispersal; and generally; (5) habitats that are protected from
disturbance or are representative of the historic geographical and
ecological distributions of a species. These regulations go on to
emphasize that the agency shall focus on essential features within the
specific areas considered for designation. These features ``may
include, but are not limited to, the following: spawning sites, feeding
sites, seasonal wetland or dryland, water quality or quantity,
geological formation, vegetation type, tide, and specific soil types.''
Information Solicited
To ensure that a designation of critical habitat will be as
accurate and effective as possible, we solicit information from the
public, other governmental agencies, the scientific community,
industry, and any other interested parties. Specifically, we are
interested in any information that will inform the designation
including: (1) quantitative evaluations describing the quality and
extent of marine intertidal or subtidal habitats (occupied currently or
occupied in the past, but no longer occupied) for black abalone as well
as information on areas that may qualify as critical habitat for black
abalone in the future; (2) biological or other relevant data concerning
threats to black abalone including, but not limited to: toxicological
studies on the adverse effects of chemicals on black abalone and
epidemiological data relating to withering syndrome; (3) current or
planned activities within the range of black abalone and their possible
impact on black abalone; (4) efforts being made to protect black
abalone; (5) activities that could be affected by a critical habitat
designation; and (6) the economic costs and benefits of additional
requirements of management measures likely to result from the
designation of critical habitat (see DATES and ADDRESSES).
References
A complete list of all references cited herein is available upon
request (see ADDRESSES section).
[[Page 1946]]
Classification
National Environmental Policy Act
The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the
information that may be considered when assessing species for listing.
Based on this limitation of criteria for a listing decision and the
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir.
1981), NMFS has concluded that ESA listing actions are not subject to
the environmental assessment requirements of the National Environmental
Policy Act (NEPA; See NOAA Administrative Order 216 6.)
Executive Order 12866, Regulatory Flexibility Act and Paperwork
Reduction Act
As noted in the Conference Report on the 1982 amendments to the
ESA, economic impacts cannot be considered when assessing the status of
a species. Therefore, the economic analysis requirements of the
Regulatory Flexibility Act are not applicable to the listing process.
In addition, this rule is exempt from review under Executive Order
12866. This proposed rule does not contain a collection-of-information
requirement for the purposes of the Paperwork Reduction Act.
Federalism
NMFS has conferred with the State of California in the course of
assessing the status of black abalone through quarterly coordination
meetings between the CDFG and NMFS and CDFG technical peer review of
the black abalone draft status review report. The coordination meetings
contributed to our consideration of Federal, state and local
conservation measures. The CDFG technical peer review comments were
considered and comments and information were incorporated into the
final version of the status review report. As subsequent issues with
ESA compliance and rulemaking arise (e.g., issuance of permits,
critical habitat designation, recovery planning), we will continue to
communicate with the States, and other affected local or regional
entities, giving careful consideration to all concerns and comments
received.
List of Subjects in 50 CFR Part 224
Endangered and threatened species, Exports, Imports,
Transportation.
Dated: January 9, 2009.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
0
For the reasons set out in the preamble, 50 CFR part 224 is amended as
follows:
PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES
0
1. The authority citation of part 224 continues to read as follows:
Authority: 16 U.S.C. 1531 1543 and 16 U.S.C. 1361 et seq.
0
2. In Sec. 224.101, paragraph (d) is revised to read as follows:
Sec. 224.101 Enumeration of endangered marine and anadromous species.
* * * * *
(d) Marine invertebrates. The following table lists the common and
scientific names of endangered species, the locations where they are
listed, and the citations for the listings and critical habitat
designations.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species Citations (s) for
-------------------------------------------------------------------- Where Listed Citation (s) for Listing Critical Habitat
Common name Scientific name Determinations Designations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Black abalone Haliotis USA, CA. From[insert Federal Register N/A
cracherodii Calivolume and page number where
Lucas, Baja Calidocument begins; January 14,
Mexico, including all offshore 2009]
islands.
--------------------------------------------------------------------------------------------------------------------------------------------------------
White abalone Haliotis USA, CA. NOAA 2001; 66 FR 29054, May, Deemed not prudent
sorenseni Conception, California 29, 2001. NOAA 2001; 66 FR
Punta Abreojos, Baja 29054, May, 29,
California, Mexico including 2001.
all offshore islands and
banks.
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[FR Doc. E9-635 Filed 1-13-09; 8:45 am]
BILLING CODE 3510-22-S