[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16713-16716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7495]
[[Page 16713]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 100322160-0161-01]
RIN 0648-XV10
Endangered and Threatened Wildlife; Notice of 90-Day Finding on a
Petition to List the Bumphead Parrotfish as Threatened or Endangered
and Designate Critical Habitat Under the Endangered Species Act (ESA)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: 90-day petition finding; request for information.
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SUMMARY: We (NMFS) announce a 90-day finding on a petition to list the
bumphead parrotfish (Bolbometopon muricatum) as threatened or
endangered and designate critical habitat under the ESA. We find that
the petition presents substantial scientific or commercial information
indicating that the petitioned actions may be warranted. Therefore, we
initiate a status review of the bumphead parrotfish to determine if
listing under the ESA is warranted. To ensure this status review is
comprehensive, we solicit scientific and commercial information
regarding this species.
DATES: Information and comments must be submitted to NMFS by May 3,
2010
ADDRESSES: You may submit comments, information, or data, identified
by the Regulation Identifier Number (RIN) 0648-XV10, by any of the
following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal: http://www.regulations.gov.
Mail: Alecia Van Atta, Assistant Regional Administrator, Protected
Resources Division, NMFS, Pacific Islands Regional Office, 1601
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. Comments will be posted for public viewing after the comment
period has closed. All Personal Identifying Information (e.g., 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.
Interested persons may obtain a copy of the petition from the above
address or online from the NMFS website: http://www.fpir.noaa.gov/PRD/prd_esa_section_4.html
FOR FURTHER INFORMATION CONTACT: Patrick Opay, NMFS, Pacific Islands
Region, (808) 944-2242 or Dwayne Meadows, NMFS, Office of Protected
Resources, (301) 713-1401.
SUPPLEMENTARY INFORMATION:
Background
On January 4, 2010, we received a petition from WildEarth Guardians
to list the bumphead parrotfish as threatened or endangered under the
ESA. The petitioner also requested that critical habitat be designated
for this species concurrent with listing under the ESA. The petition
asserts that overfishing is a significant threat to the bumphead
parrotfish and that this species is declining across its range and is
nearly eliminated from many areas. The petition also asserts that
degradation of its coral habitat through coral bleaching and ocean
acidification is a threat to this species, as coral is its primary food
source. The petition asserts that biological traits (e.g., slow
maturation and low reproductive rates), shrinking remnant populations
and range reductions, the effects from increasing human populations in
the species range, and inadequate regulatory protection are subjecting
the bumphead parrotfish to extinction in the foreseeable future. The
petition briefly summarizes the description, taxonomy, natural history,
distribution, and status for the petitioned species.
The bumphead parrotfish is the largest of the parrotfish species
and has a wide range. It can be found throughout the Indo-Pacific
including the Red Sea and East Africa to the Line Islands and Samoa,
north to Taiwan and the Yaeyama Islands (Japan), south to the Great
Barrier Reef and New Caledonia, to Palau, Caroline, Marshall, and the
Mariana Islands in Micronesia. In the United States it occurs in Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, and
the Pacific Remote Island Areas. It is not found in Hawaii or Johnston
Atoll.
The petition states that this species is classified as vulnerable
by the World Conservation Union (IUCN). The IUCN defines vulnerable as
a species considered to be facing a high risk of extinction in the
wild. We believe that bumphead parrotfish populations have been
declining throughout their range and placed this species on our Species
of Concern list in 2004.
ESA Statutory Provisions and Policy Considerations
Section 4(b)(3)(A) of the ESA of 1973, as amended (U.S.C. 1531 et
seq.), requires, to the maximum extent practicable, that within 90 days
of receipt of a petition to list a species as threatened or endangered,
the Secretary of Commerce (Secretary) make a finding on whether that
petition presents substantial scientific or commercial information
indicating that the petitioned action may be warranted (see 16 U.S.C.
1533(b)(3)(A)). Joint ESA-implementing regulations issued by NMFS and
U.S. Fish and Wildlife Service (50 CFR 424.14(b)) define ``substantial
information'' in this context as the amount of information that would
lead a reasonable person to believe that the measure proposed in the
petition may be warranted.
In making a finding on a petition to list a species, the Secretary
must consider whether the petition: ``(i) clearly indicates the
administrative measure recommended and gives the scientific and any
common name of the species involved; (ii) contains a detailed narrative
justification for the recommended measure, describing, based on
available information, past and present numbers and distribution of the
species involved and any threats faced by the species; (iii) provides
information regarding the status of the species over all or a
significant portion of its range; and (iv) is accompanied by the
appropriate supporting documentation in the form of bibliographic
references, reprints of pertinent publications, copies of reports or
letters from authorities, and maps'' (50 CFR 424.14(b)(2)). To the
maximum extent practicable, this finding is to be made within 90 days
of the date the petition was received, and the finding is to be
published promptly in the Federal Register. When it is found that
substantial information indicating that the petitioned action may be
warranted is presented in the petition, we are required to promptly
commence a review of the status of the species concerned during which
we will conduct a comprehensive review of the best available scientific
and commercial information. In such cases, within 1 year of receipt of
the petition, we shall conclude the review with a finding as to whether
or not the petitioned action is warranted. Because the finding at the
12-month stage is based on a more thorough review of the available
[[Page 16714]]
information, as compared to the narrow scope of the 90-day stage, a
``may be warranted'' finding does not prejudge the outcome of the
status review.
Under the ESA, a listing determination may address a ``species,''
which is defined to include taxonomic species as well as subspecies
and, for any vertebrate species which interbreeds when mature, a
distinct population segment (DPS) (16 U.S.C. 1532(16)). The bumphead
parrotfish is classified as a taxonomic species. The petitioner
requested consideration of the entire taxonomic species. A species or
subspecies is ``endangered'' if it is in danger of extinction
throughout all or a significant portion of its range, and
``threatened'' if it is likely to become endangered within the
foreseeable future throughout all or a significant portion of its range
(ESA sections 3(6) and 3(20), respectively, 16 U.S.C. 1532(6) and
(20)).
Biology of the Bumphead Parrotfish
This species is slow growing and long-lived (up to 40 years), with
delayed reproduction and low replenishment rates (Choat and Robertson,
2002; Hamilton, 2003). Bumphead parrotfish live in coral reef habitats
from 3 to 160 feet (1-50 m) depth (Donaldson and Dulvy, 2004). They
occur in barrier and fringing reefs during the day, but rest in caves
or shallow sandy lagoon flats at night (Donaldson and Dulvy, 2004).
Juveniles use seagrass beds inside lagoons while adults are more
commonly found in outer lagoons and seaward reefs. This species sleeps
in large groups, making them highly vulnerable to exploitation by
spearfishers and netters at night (Myers, 1999; Donaldson and Dulvy,
2004). The bumphead parrotfish is primarily a corallivore, but also
eats benthic algae. They use their large head to ram corals and break
them into pieces that are more easily ingested (each fish ingests tons
of structural reef carbonates per year) (Bellwood et al., 2003),
contributing significantly to the ecology and dynamics of reefs.
Aggregations of this species are important coral sand producers on
reefs and may be important in maintaining ecosystem resilience
(Bellwood et al., 2003).
Analysis of Petition
We evaluated the petition and information readily available in our
files to determine if the petition presents an amount of scientific or
commercial information that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted. The
petition clearly recommends the administrative measure of listing the
bumphead parrotfish as endangered or threatened and designating
critical habitat, and gives the scientific and common name of the
species. The petition contains a narrative justification for the
recommended measure, and discusses past and present population status
and trends. The petitioner argues that while historically common or
abundant throughout its range, the bumphead parrotfish is now declining
and globally rare, citing Donaldson and Dulvy (2004), Chan et al.
(2007), and NMFS (2009). The petition further asserts that the
populations of this species have declined at least 30 percent over the
past 30 years, citing IUCN information (Chan et al., 2007). The
petition argues that the bumphead parrotfish is rarely encountered in
U.S. Line and Phoenix Islands, and is nearly extirpated in Guam, East
Africa, and the Marshall Islands. Our Pacific Islands Fisheries Science
Center surveys of U.S. Pacific Islands and reefs conducted from 2000 to
2009 indicate that this species is extremely rare throughout the U.S.
Pacific Islands except for Wake Atoll. The petition asserts that while
the species was commercially important in the 1990s, the species is now
rare in markets and nearly extirpated in Fiji, and is declining in
Palau, Indonesia, and the south end of the Great Barrier Reef, citing
Hasurmai et al. (2005), Foster et al. (2006), Chan et al. (2007),
Habibi et al. (2007), Waddell and Clarke (2008), and NMFS (2009). The
petition discusses interviews of local fishers in Palau conducted in
2003 by the Society for Conservation of Reef Fish Aggregations in which
fishers explained that many bumphead parrot fish were caught years ago,
but very few are found now. Respondents stated that 250 animals of this
species were caught in just 1 fishing trip in 1975, whereas captures
declined to 30 to 50 per trip after 1975, and now very few are caught.
Another interview respondent reported that in their area they could
catch up to 150 bumphead parrotfish in a month in the 1960's, but only
up to 60 could be caught in a month after 1990, and the animals were
half the size. The interviews suggested that this species had declined
noticeably by the early 1990's. The petition asserts that in a global
survey of over 300 reefs, the bumphead parrotfish was not found in 67
percent the sites in the Indo-Pacific, citing NMFS (2009).
The ESA requires us to determine whether species are threatened or
endangered because of any of the following section 4(a)(1) factors: the
present or threatened destruction, modification, or curtailment of
habitat or range; overutilization for commercial, recreational,
scientific, or educational purposes; disease or predation; inadequacy
of existing regulatory mechanisms; and any other natural or manmade
factors affecting the species' existence (16 U.S.C. 1533(a)(1)). The
petition describes factors which it asserts have led to the current
status of the bumphead parrotfish, as well as threats which it asserts
the species currently face, categorizing them under the section 4(a)(1)
factors.
The petition asserts destruction of coral reefs is an important
threat to reef fishes, citing Dulvy et al. (2003) and Waddell and
Clarke (2008), further asserting that the bumphead parrotfish is
vulnerable to degradation of its coral habitat, citing NMFS (2009).
Coral is a primary food source for this species, and the petition
provides examples of activities that are adversely affecting corals in
Micronesia, the Marshall Islands, the Mariana Islands, Indonesia,
American Samoa, Palau, and Guam. Additionally, the petition asserts
that the negative effects of coral bleaching and ocean acidification
present a significant threat to the bumphead parrotfish throughout its
range (through degradation or loss of its food source and habitat). The
petition cites examples of coral bleaching events in American Samoa
(citing Aeby et al., 2008), the Pamyra Atoll and Kingman Reef (citing
Clarke et al., 2008), Jarvis Island (citing Id.), Howland Island
(citing Id.), the Marshall Islands (citing Berger et al., 2008),
Indonesia (citing Habibi et al., 2007), Micronesia (citing George et
al., 2008), Palau (citing Marino et al., 2008), and Guam (citing
Burdick et al., 2008). The petition asserts that the increased
frequency and intensity of extreme weather events due to climate change
harm coral reefs and thus may negatively impact bumphead parrotfish.
The petition further asserts that increasing human populations within
the range of the bumphead parrotfish present additional threats to the
species through increased fishing pressure and impacts on coral
habitat.
The petition asserts that overutilization through commercial and
subsistence overfishing is a significant threat to the bumphead
parrotfish, claiming it is one of the most vulnerable species to
fishing pressure, citing Donaldson and Dulvy (2004) and NMFS (2009). It
is particularly susceptible to spear and net fishing, as this fish
sleeps in large groups at night. One of the main threats to this
species is overexploitation, especially the taking of sleeping adults
at night with spears or nets. The petition asserts that this
[[Page 16715]]
species is not adequately protected by federal or state laws or
policies to prevent its endangerment or extinction. The petition
asserts that more or better protective measures are needed for large
females, and that a moratorium on commercial fishing and export, gear
restrictions, and blanket protection for the species is necessary.
The petition also asserts that the bumphead parrotfish is nearly
extirpated from many areas within its range and that small population
sizes and narrowing range may increase the likelihood of extinction
through random events, or loss of genetic variability over time and a
concomitant inability to cope with environmental change.
Petition Finding
We have reviewed the petition, the literature cited in the
petition, and other literature and information available in our files.
Based on that literature and information, we find that the petition
meets the aforementioned requirements of the ESA regulations under 50
CFR 424.14(b)(2). The petition (i) clearly indicates the administrative
measure recommended and gives the scientific and any common name of the
species involved; (ii) contains a detailed narrative justification for
the recommended measure, describing, based on available information,
past and present numbers and distribution of the species involved and
any threats faced by the species; (iii) provides information regarding
the status of the species over all or a significant portion of its
range; and (iv) is accompanied by the appropriate supporting
documentation in the form of citations to journals that are readily
accessible. This information would lead a reasonable person to believe
that the measure proposed in the petition may be warranted. Therefore
we determine that the requested listing actions may be warranted.
Information Solicited
Information on Status of the Species
As a result of this finding, we commence a status review on the
bumphead parrotfish to determine whether listing this species under the
ESA is warranted. We intend that any final action resulting from this
review be as accurate and as effective as possible. Therefore, we open
a 30-day public comment period to solicit information from the public,
government agencies, the scientific community, industry, and any other
interested parties on the status of this species throughout its range,
including:
(1) Historical and current distribution and abundance of the
species throughout its range (U.S. and foreign waters);
(2) Historic and current condition of the species and its habitat;
(3) Population trends;
(4) The effects of climate change on this species and the coral
reef ecosystems on which it depends over the short- and long-term;
(5) The level of current fishing pressure and known effects of such
fishing;
(6) The effects of other threats, including but not limited to,
coastal development, coastal point source pollution, agricultural and
land use practices, disease, predation, reef fishing, physical damage
from boats and anchors, marine debris, and aquatic invasive species, on
the distribution and abundance of coral habitat important to the
species over the short- and long-term;
(7) The coral species consumed by this species and the status of
each those corals; and
(8) Management programs for conservation of this species, including
mitigation measures related to any of the threats listed above.
We request that all data and information be accompanied by
supporting documentation such as maps, bibliographic references, or
reprints of pertinent publications. Please send any comments to the
ADDRESSES listed above. We will base our findings on a review of the
best scientific and commercial information available, including all
information received during the public comment period.
Information Regarding Protective Efforts
Section 4(b)(1)(A) of the ESA requires the Secretary to make
listing determinations solely on the basis of the best scientific and
commercial data available after conducting a review of the status of a
species and after taking into account efforts being made to protect the
species (16 U.S.C. 11533(b)(1)(A)). Therefore, in making its listing
determinations, we first assess the status of the species and identify
factors that have led to its current status. We then assess
conservation measures to determine whether they ameliorate a species'
extinction risk (50 CFR 424.11(f)). In judging the efficacy of
conservation efforts, we consider the following: the substantive,
protective, and conservation elements of such efforts; the degree of
certainty that such efforts will reliably be implemented; the degree of
certainty that such efforts will be effective in furthering the
conservation of the species; and the presence of monitoring provisions
to determine effectiveness of recovery efforts and that permit adaptive
management (Policy on the Evaluation of Conservation Efforts, 68 FR
15100; March 28, 2003). In some cases, conservation efforts may be
relatively new or may not have had sufficient time to demonstrate their
biological benefit. In such cases, provisions of adequate monitoring
and funding for conservation efforts are essential to ensure that the
intended conservation benefits will be realized. We encourage all
parties to submit information on ongoing efforts to protect and
conserve the bumphead parrotfish, as well as information on recently
implemented or planned activities and their likely impact(s).
Information Regarding Potential Critical Habitat
Critical habitat is defined in section 3(5) of the ESA as: (1) 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 (a) essential to the conservation
of the species and (b) which may require special management
considerations or protection; and (2) 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)). Once critical habitat is designated,
section 7(a)(2) 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 (16 U.S.C. 1536(a)(2)). This
requirement is in addition to the section 7(a)(2) requirement that
Federal agencies ensure that their actions do not jeopardize the
continued existence of listed species.
Section 4(a)(3)(A) of the ESA requires that, to the extent prudent
and determinable, critical habitat be designated concurrently with the
listing of a species (16 U.S.C. 11533(a)(3)(A)(i)). 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 (16 U.S.C. 1533(b)(2)). In advance of any determination to
propose listing of the bumphead parrotfish as threatened or endangered
under the ESA, we solicit information that would assist us in
developing a critical habitat proposal.
Joint NMFS/FWS regulations for listing endangered and threatened
species and designating critical habitat
[[Page 16716]]
(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.'' 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. Id.
Section 4(b)(2) of the ESA requires the Secretary to consider the
``economic impact, impact on national security, and any other relevant
impact,'' of designating a particular area as critical habitat (16
U.S.C. 1533(b)(2)). Section 4(b)(2) further authorizes the Secretary to
exclude any area from a critical habitat designation if the Secretary
finds that the benefits of exclusion outweigh the benefits of
designation, unless excluding that area will result in extinction of
the species. Id. We seek information regarding the benefits of
designating specific areas geographically throughout the range of the
bumphead parrotfish as critical habitat. We also seek information on
the economic impact of designating particular areas as part of the
critical habitat designation. In keeping with the guidance provided by
the Office of Management and Budget (2000, 2003), we seek information
that would allow the monetization of these effects to the extent
possible, as well as information on qualitative impacts to economic
values. We also seek information on impacts to national security and
any other relevant impacts of designating critical habitat in these
areas.
In accordance with our regulations (50 CFR 424.13) we will consult
as appropriate with affected states, interested persons and
organizations, other affected Federal agencies, and, in cooperation
with the Secretary of State, with the country or countries in which the
species concerned are normally found or whose citizens harvest such
species from the high seas. Data reviewed may include, but are not
limited to, scientific or commercial publications, administrative
reports, maps or other graphic materials, information received from
experts, and comments from interested parties.
Peer Review
On July 1, 1994, NMFS, jointly with the U.S. Fish and Wildlife
Service, published a series of policies regarding listings under the
ESA, including a policy for peer review of scientific data (59 FR
34270). The intent of the peer review policy is to ensure listings are
based on the best scientific and commercial data available. 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 take part in the peer review
process for this status review (see ADDRESSES). Independent peer
reviewers will be selected from the academic and scientific community,
tribal and other Native American groups, Federal and state agencies,
the private sector, and public interest groups.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: March 30, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2010-7495 Filed 4-1-10; 8:45 am]
BILLING CODE 3510-22-S