[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Notices]
[Page 64585-64587]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-37]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 071017603-7604-01]
RIN 0648-XD12
Listing Endangered and Threatened Wildlife and Designating
Critical Habitat; 90-day Finding for a Petition to Reclassify the
Loggerhead Turtle in the North Pacific Ocean as a Distinct Population
Segment with Endangered Status and to Designate Critical Habitat
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of petition finding; request for information and
comments.
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SUMMARY: The National Marine Fisheries Service (NMFS), National
Oceanic and Atmospheric Administration (NOAA), Department of Commerce,
announces the 90-day finding for a petition to reclassify loggerhead
turtles (Caretta caretta) in the North Pacific Ocean as a Distinct
Population Segment (DPS) with endangered status and designate critical
habitat under the Endangered Species Act of 1973, as amended (ESA). The
loggerhead is currently listed as threatened throughout its range. We
find that the petition presents substantial scientific information
indicating that the petitioned action may be warranted.
We are initiating a review of the status of the species to
determine whether the petitioned action is warranted and to determine
whether any additional changes to the current listing of the loggerhead
turtle are warranted. To ensure a comprehensive review, we are
soliciting information and comments pertaining to this species from any
interested party.
DATES: Written comments and information related to this petition
finding must be received [see ADDRESSES] by January 15, 2008.
ADDRESSES: Written comments and information should be addressed to the
Chief, Marine Mammal and Sea Turtle Conservation Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910. Comments may also be sent via fax to 301-427-2522, or by e-mail
to: northpacific.loggerhead@noaa.gov. The petition is available for
download and review at http://www.nmfs.noaa.gov/pr/pdfs/fr/petition_north_pacific_logger
head.pdf
Comments received will be available for public inspection, by
appointment, during normal business hours by calling 301-713-2322.
FOR FURTHER INFORMATION CONTACT: Barbara Schroeder by phone 301-713-
2322, fax 301-427-2522, or e-mail barbara.schroeder@noaa.gov; Christina
Fahy by phone 562-980-4023, fax 562-980-4027, or e-mail
christina.fahy@noaa.gov).
SUPPLEMENTARY INFORMATION:
Background
Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires us
to make a finding as to whether a petition to list, delist, or
reclassify a species presents substantial scientific or commercial
information indicating that the petitioned action may be warranted. Our
implementing regulations (50 CFR 424.14) define ``substantial
information'' as the amount of information that would lead a reasonable
person to believe that the measure proposed in the petition may be
warranted. In determining whether substantial information exists, we
take into account several factors, including information submitted
with, and referenced in, the petition and all other information readily
available in our files. To the maximum extent practicable, this finding
is to be made within 90 days of the receipt of the petition, and the
finding is to be published promptly in the Federal Register. If we find
that a petition presents substantial information indicating that the
requested action may be warranted, we are also required to conduct a
status review of the species. The determination of whether or not the
petitioned action is warranted must be made within one year of the
receipt of the petition.
Analysis of Petition
On July 16, 2007, we received a petition from the Center for
Biological Diversity and the Turtle Island Restoration Network
requesting that loggerhead turtles in the North Pacific Ocean be
reclassified as a DPS (see Petition Finding for discussion on Distinct
Population Segments) with endangered status and that critical habitat
be designated.
The petition contains a detailed description of the species'
natural
[[Page 64586]]
history and status, including information on distribution and
movements, population structure, behavior, population status and
trends, and factors contributing to the current status of the species
in the North Pacific Ocean. The petitioners assert that the North
Pacific loggerhead is discrete from loggerhead populations found
elsewhere due to physical, genetic, physiological, ecological, and
behavioral factors, and they provide information they believe supports
this assertion. The petitioners further assert that the North Pacific
loggerhead population is both biologically and ecologically significant
relative to the species. The petitioners maintain that the North
Pacific loggerhead nesting population has undergone a marked decline in
recent decades, and cite coastal development, bycatch in fisheries,
marine pollution, illegal take, and global warming as primary threats
to the population. The petitioners provide information on the North
Pacific loggerhead relative to the ESA section 4(a)(1) factors and
assert that the North Pacific loggerhead population warrants an
endangered listing.
Finally, the petitioners request that if the North Pacific
loggerhead is not determined to meet the DPS criteria, that loggerheads
throughout the Pacific Ocean be designated as a DPS and listed as
endangered.
Petition Finding
Based on the above information and criteria specified in 50 CFR
424.14(b)(2), we find the petitioners present substantial scientific
and commercial information indicating that a reclassification of the
loggerhead in the North Pacific Ocean as a DPS and listing of that DPS
with endangered status may be warranted. The ESA defines a ``species''
as ``...any subspecies of fish or wildlife or plants and any distinct
population segment of any species of vertebrate fish or wildlife which
interbreeds when mature.'' NMFS and the U.S. Fish and Wildlife Service
(USFWS) published a joint policy defining the phrase ``distinct
population segment'' on February 7, 1996 (61 FR 4722). Three elements
are considered in a decision regarding the listing, delisting, or
reclassification of a DPS as endangered or threatened under the ESA:
discreteness of the population segment in relation to the remainder of
the species, significance of the population segment to the species, and
conservation status. Under section 4(b)(3) of the ESA, an affirmative
90-day finding requires that we commence a status review on the
loggerhead turtle. NMFS and the USFWS recently completed a 5-year
review of the loggerhead turtle, as required under Section 4(c)(2) of
the Endangered Species Act of 1973, as amended (NMFS and USFWS 2007).
This review recommended that a full status review of the loggerhead be
conducted in accordance with the DPS policy. We are initiating this
review and, once it has been completed, a finding will be made as to
whether reclassification of the loggerhead in the North Pacific Ocean,
with endangered status, is warranted, warranted but precluded by higher
priority listing actions, or not warranted, as required by section
4(b)(3)(B) of the ESA. The review will also consider whether any
additional changes to the current threatened listing for the loggerhead
are warranted.
There is no critical habitat designated for the loggerhead turtle.
The ESA currently requires us to make a critical habitat determination
concurrent with listing determinations. The ESA defines ``critical
habitat'' as
``...the specific areas within the geographical area occupied by
the species, at the time it is listed... on which are found those
physical or biological features (I) essential to the conservation of
the species and (II) which may require special management
considerations or protection; and...specific areas outside the
geographical area occupied by the species at the time it is
listed... upon a determination...that such areas are essential for
the conservation of the species.''
Section 4(a)(1) Factors and Basis for Determination
Under section 4(a)(1) of the ESA and the implementing regulations
at 50 CFR 424.11(c), a species shall be reclassified, if the Secretary
of Commerce determines, based on the best scientific and commercial
data available after conducting a review of the species' status, that
the species is threatened or endangered because of one or a combination
of the following: (1) present or threatened destruction, modification,
or curtailment of its habitat or range; (2) overutilization for
commercial, recreational, scientific, or educational purposes; (3)
disease or predation; (4) inadequacy of existing regulatory mechanisms;
or (5) other natural or manmade factors affecting its continued
existence.
Information Solicited
To ensure that the status review is complete and based on the best
available data, we are soliciting information and comments on whether
loggerhead turtles in the North Pacific Ocean, or any other area,
qualify as a DPS and, if so, whether it should be classified as
threatened or endangered based on the above ESA section 4(a)(1)
factors. Specifically, we are soliciting information in the following
areas relative to loggerheads in the North Pacific and elsewhere: (1)
historical and current population status and trends; (2) historical and
current distribution; (3) migratory movements and behavior; (4) genetic
population structure; (5) current or planned activities that may
adversely impact loggerheads; and (6) ongoing efforts to protect
loggerheads. We request that all data, information, and comments be
accompanied by supporting documentation such as maps, bibliographic
references, or reprints of pertinent publications.
All submissions must contain the submitter's name, address, and any
association, institution, or business that the person represents.
Comments and materials received will be available for public
inspection, by appointment, during normal business hours at the above
address (see ADDRESSES).
Critical Habitat
We are also requesting information on areas within U.S.
jurisdiction that may qualify as critical habitat for loggerhead
turtles, both in the North Pacific Ocean and elsewhere within the
species' range. Areas that include the physical and biological features
essential to the conservation of the species should be identified.
Areas outside the present range should also be identified if such areas
are essential to the conservation of the species. Essential features
include, but are not limited to: (1) space for individual growth and
for normal behavior; (2) food, water, air, light, minerals, or other
nutritional or physiological requirements; (3) cover or shelter; (4)
sites for reproduction and development of offspring; and (5) habitats
that are protected from disturbance or are representative of the
historical, geographical and ecological distributions of the species
(50 CFR 424.12).
Peer Review
For listings, delistings, and reclassifications under the ESA, NMFS
and USFWS have a joint policy for peer review of the scientific data
(59 FR 34270, July 1, 1994). The intent of the peer review policy is to
ensure that listings are based on the best scientific and commercial
data available. We are soliciting the names of recognized experts in
the field that could serve as peer reviewers for the loggerhead status
review. Independent peer reviewers will be selected from the academic
and scientific community, applicable tribal and other Native American
groups,
[[Page 64587]]
Federal and state agencies, the private sector, and public interest
groups.
References Cited
National Marine Fisheries Service and U.S. Fish and Wildlife
Service. 2007. Loggerhead sea turtles (Caretta caretta) 5-year review:
summary and evaluation. 65 pp.
Authority: 16 U.S.C. 1531 et seq.
Dated: November 9, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 07-5710 Filed 11-13-07; 1:20 pm]
BILLING CODE 3510-22-S