[Federal Register: December 20, 2001 (Volume 66, Number 245)]
[Proposed Rules]
[Page 65676-65678]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de01-23]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 223 and 224
[Docket No. 011212298-1298-01; I.D. No. 113001A;]
Listing Endangered and Threatened Wildlife and Plants and
Designating Critical Habitat; 90-Day Finding for a Petition to List
Atlantic White marlin (Tetrapturus albidus)
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: NMFS announces the 90-day finding for a petition to list
Atlantic white marlin (Tetrapturus albidus) as threatened or endangered
throughout its known range and to designate critical habitat under the
Endangered Species Act (ESA). NMFS finds that the petition presents
substantial scientific information indicating that the petitioned
action may be warranted. NMFS will conduct a status review of Atlantic
white marlin to determine if the petitioned action is warranted. To
ensure that the review is comprehensive, NMFS is soliciting information
and comments pertaining to this species and potential critical habitat
from any interested party. NMFS also seeks suggestions from the public
for peer reviewers to take part in the peer review process for the
Atlantic white marlin status review.
DATES: Comments and information related to this petition finding must
be received by February 19, 2002.
ADDRESSES: Requests for copies of the petition, and information and
comments on this finding should be submitted to Georgia Cranmore,
Assistant Regional Administrator for Protected Resources, National
Marine Fisheries Service, Southeast Regional Office, 9721 Executive
Center Drive North, St. Peterburg, FL 33702-2432. The petition, finding
and supporting data are available for public inspection, by
appointment, during normal business hours at the above address.
FOR FURTHER INFORMATION CONTACT: Jennifer Lee, NMFS Southeast Region,
(727) 570-5312; or David O'Brien, NMFS, Office of Protected Resources,
(301) 713-1401.
SUPPLEMENTARY INFORMATION:
Background
Section 4 (b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires
that NMFS 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.
NMFS' ESA 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 for a
petition to list a species, NMFS takes into account several factors,
including information submitted with, and referenced in, the petition
and all other information readily available in NMFS' files. To the
maximum extent
[[Page 65677]]
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 NMFS finds that a petition presents substantial
information indicating that the requested action may be warranted,
section 4 (b)(3)(A) of the ESA requires the Secretary of Commerce
(Secretary) to conduct a status review of the species. Section 4
(b)(3)(B) requires the Secretary to make a finding as to whether or not
the petitioned action is warranted within 1 year of the receipt of the
petition.
Analysis of Petition
On September 4, 2001, NMFS received a petition from the
Biodiversity Legal Foundation and James R. Chambers requesting NMFS to
list the Atlantic white marlin (Tetrapturus albidus) as threatened or
endangered throughout its range, and to designate critical habitat
under the ESA. The petition contained a detailed description of the
species, including the present legal status; taxonomy and physical
appearance; ecological and fisheries importance; distribution; physical
and biological characteristics of its habitat and ecosystem
relationships; population status and trends; and factors contributing
to the population's decline. Potential threats identified in the
petition include: (1) overutilization for commercial purposes; (2)
inadequacy of existing regulatory mechanisms; (3) predation; and (4)
other natural or man-made factors affecting the species' continued
existence. The petitioners also included information regarding how the
species would benefit from being listed under the ESA, cited references
and provided appendices in support of the petition.
Under the ESA, a listing determination can address a species,
subspecies, or a distinct population segment (DPS) of a species (16
U.S.C. 1532 (16)). The petitioners requested that NMFS list Atlantic
white marlin throughout its entire range. They are found in warm waters
throughout tropical and temperate portions of the Atlantic Ocean and
its adjacent seas (Caribbean, Mediterranean and Gulf of Mexico). A
highly migratory pelagic species, they are found predominantly in the
open ocean over deep water, near the surface in the vicinity of major
ocean currents where their prey is concentrated. Their food resources
include small fishes and invertebrates such as squid that can be
swallowed whole.
The petitioners provided a detailed narrative justification for
their petitioned action, describing past and present numbers and
distribution of Atlantic white marlin. Information regarding its status
was provided for the entire range of the species. The petition was
accompanied by appropriate supporting documentation, including the most
recent stock assessment for this species (SCRS/00/23).
In 1997, the Atlantic white marlin was listed as overfished under
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.). In April 1999, NMFS published Amendment 1 to the
Atlantic Billfish Fishery Management Plan, which included rebuilding
programs and measures to reduce bycatch and bycatch mortality for
Atlantic billfish, including white marlin. The International Commission
for the Conservation of Atlantic Tunas (ICCAT), responsible for
management of tunas and tuna-like fishes of the Atlantic Ocean also
considers the Atlantic white marlin to be overfished. Several binding
recommendations have been adopted by ICCAT over the last few years to
reduce landings and improve data and monitoring. The most recent
recommendation in November 2000 included a two-phase rebuilding plan
involving further landing reductions and the development of more
rebuilding measures after the next stock assessments in 2002.
The petitioners assert that existing protection for Atlantic white
marlin at both the national and international level is inadequate to
conserve the species or prevent its slide to extinction. The
population's decline has been documented thoroughly by ICCAT's
scientific advisors, the Standing Committee for Research and Statistics
(SCRS). According to the petitioners, the primary cause of the Atlantic
white marlin decline is due to bycatch in the international swordfish
and tuna fisheries. The most recent stock assessment conducted in July
of 2000 (SCRS/00/23) indicates that by the end of 1999: (1) the total
Atlantic stock biomass had declined to less than 15 percent of its
maximum sustainable yield level; (2) fishing mortality was estimated to
be at least seven times higher than the sustainable level; (3)
overfishing has taken place for over three decades; and (4) the stock
is less productive than previously estimated, with a maximum
sustainable yield smaller than 1,300 metric tons. The population's
abundance was last at its long-term sustainable level in 1980.
Reduction in prey species availability may also be a threat to the
species, with two of its important prey species, Atlantic bluefish and
squid, listed as overfished under the Magnuson-Stevens Act (16 U.S.C.
1801 et seq.).
Petition Finding
Based on the above information and the criteria specified in 50 CFR
424.14 (b)(2), NMFS finds that the petitioner presents substantial
scientific and commercial information indicating that a listing of
Atlantic white marlin may be warranted. Under section 4 (b)(3)(A) of
the ESA, this finding requires that NMFS commence a status review on
Atlantic white marlin. NMFS is now initiating this review. Within one
year of the receipt of the petition (by September 3, 2002), a finding
will be made as to whether listing the Atlantic population of the white
marlin as threatened or endangered is warranted, as required by section
4 (b)(3)(B) of the ESA. If warranted, NMFS will publish a proposed rule
and take public comment before developing and publishing a final rule.
Listing Factors and Basis for Determination
Under section 4 (a)(1) of the ESA, a species can be determined to
be threatened or endangered for any one of the following reasons: (1)
Present or threatened destruction, modification, or curtailment of
habitat or range; (2) over-utilization 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. Listing
determinations are made solely on the basis of the best scientific and
commercial data available, after conducting a review of the status of
the species and taking into account efforts made by any state or
foreign nation to protect such species.
Information Solicited
To ensure that the status review is completed in a timely manner
and based on the best available scientific and commercial data, NMFS is
soliciting information and comments on whether the Atlantic white
marlin is endangered or threatened based on the above listing criteria.
Specifically, NMFS is soliciting information in the following areas:
(1) Historical and current abundance of Atlantic white marlin; (2)
current spatial distribution; (3) population status and trends; (4)
information on any current or planned activities that may adversely
impact Atlantic white marlin, especially related to the five listing
factors identified above; and (4) ongoing efforts to protect Atlantic
white marlin and their habitat. NMFS requests that all data,
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information, and comments be accompanied by: (1) supporting
documentation such as maps, bibliographic references, or reprints of
pertinent publications; and (2) the submitter's name, address, and any
association, institution, or business that the person represents.
Critical Habitat
NMFS is also requesting information on areas that may qualify as
critical habitat for the Atlantic white marlin. Areas that include the
physical and biological features essential to the recovery of the
species should be identified. Areas outside the present range should
also be identified if such areas are essential to the recovery 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 (b)).
For areas potentially qualifying as critical habitat, NMFS requests
information describing (1) the activities that affect the area or that
could be affected by the designation, and (2) the economic costs and
benefits of management measures likely to result from the designation.
NMFS is required to consider the probable economic and other impacts on
proposed or ongoing activities in making a final critical habitat
designation(50 CFR 424.19).
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 that listings
are based on the best scientific and commercial data available. NMFS is
soliciting the names of recognized experts in the field that could take
part in the peer review process for this status review. 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.
References Cited
SCRS. 2000. Report of the ICCAT Billfish Workshop (Miami, FL, USA,
July 18-28,2000) - Billfish Detailed Report
Authority: 16 U.S.C. 1531 et seq.
Dated: December 14, 2001.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 01-31285 Filed 12-19-01; 8:45 am]
BILLING CODE 3510-22-S