[Federal Register: April 15, 2004 (Volume 69, Number 73)]
[Notices]
[Page 19975-19979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap04-35]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 020304D]
Endangered and Threatened Species; Establishment of Species of
Concern List, Addition of Species to Species of Concern List,
Description of Factors for Identifying Species of Concern, and Revision
of Candidate Species List Under the Endangered Species Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of establishment of species of concern list, addition of
species to species of concern list, description of factors for
identifying species of concern, and revision of candidate species list.
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SUMMARY: NMFS establishes a species of concern list, places 45 species
on this list, describes the factors it will consider when identifying
species of concern, and revises the candidate species list. NMFS also
solicits information and comments concerning the status of, research
and stewardship opportunities for, and the factors for identifying
species of concern.
DATES: These actions are effective on April 15, 2004.
ADDRESSES: Send comments and documentation regarding the status of any
species of concern to the Chief of
[[Page 19976]]
Endangered Species, NMFS, Office of Protected Resources, 1315 East-West
Highway, F/PR3, Silver Spring, MD 20910. Comments may also be submitted
by e-mail. The mailbox address for providing e-mail comments is
soc.list@noaa.gov. Include in the subject line of the e-mail comment
the following document identifier: Species of Concern List.
FOR FURTHER INFORMATION CONTACT: Marta Nammack at (301)713-1401, ext.
180, marta.nammack@noaa.gov.
SUPPLEMENTARY INFORMATION: The regulations implementing section 4 of
the ESA (5 U.S.C. 1533) define ``candidate'' as ``any species being
considered by the Secretary [of Commerce or Interior] for listing as an
endangered or a threatened species, but not yet the subject of a
proposed rule'' (50 CFR 424.02). Such a designation does not confer any
procedural or substantive protections of the ESA on the candidate
species.
In the past, NMFS also has placed species on its candidate species
list for other reasons. In particular, NMFS has used this list to: (1)
identify species potentially at risk; (2) increase public awareness
about those species; (3) identify data deficiencies and uncertainties
in species' status and threats; (4) stimulate cooperative research
efforts to obtain the information necessary to evaluate species status
and threats; and (5) foster voluntary efforts to provide stewardship
for the species before an ESA listing as threatened or endangered
becomes warranted. Other NMFS candidate species are those for which an
ESA biological status review has determined that listing under the ESA
is ``not warranted'' under section 4(b)(3)(B)(i) but for which
significant concerns or uncertainties remain regarding their biological
status and/or threats. In fact, the majority of NMFS' candidate species
are not being considered actively for listing under the ESA. Rather,
they have been identified as candidates because of concerns or great
uncertainties regarding biological status and threats. The last version
of the candidate species list was published in 1999 (64 FR 33466; June
23, 1999).
NMFS recognizes that using the candidate species list for these
broader purposes may give the inaccurate impression that all these
species are being considered for listing under the ESA. At the same
time, there is value in publicly identifying species that, although
they are not being considered for listing, are nevertheless of concern
for reasons identified above. To restore the candidate species list to
its original meaning while still maintaining a publicly available list
of other species of concern, NMFS is establishing a Species of Concern
list, transferring 25 species from the candidate species list to this
list, placing 20 additional species on this list, and removing 12 other
species from the candidate species list. This will clarify that NMFS
has concerns or insufficient information about species of concern, but
is not actively considering listing them under the ESA.
NMFS will hereafter limit use of the term ``candidate species'' to
refer to (1) species that are the subject of a petition to list and for
which NMFS has determined that listing may be warranted, pursuant to
section 4(b)(3)(A), and (2) species for which NMFS has determined,
following a status review, that listing is warranted (whether or not
they are the subject of a petition). This limited use of the term is
consistent with NMFS' regulatory definition of ``candidate species.''
NMFS will use the term ``species of concern'' to identify species about
which NMFS has some concerns regarding status and threats, but for
which insufficient information is available to indicate a need to list
the species under the ESA. This may include species for which NMFS has
determined, following a biological status review, that listing under
the ESA is ``not warranted,'' pursuant to ESA section 4(b)(3)(B)(i),
but for which significant concerns or uncertainties remain regarding
their status and/or threats. Species can qualify as both species of
concern and candidate species. This discussion is limited to species
under NMFS jurisdiction and does not apply to the regulatory practices
of the U.S. Fish and Wildlife Service.
Factors for Identifying Species of Concern
In previous revisions of its candidate species list, NMFS
identified candidate species by considering their biological status,
determined by both demography and genetic composition of the species.
Demographic concerns would occur when there is a significant decline in
abundance or range from historical levels, and genetic concerns
included outbreeding and inbreeding depression resulting from poor
hatchery practices or substantially reduced numbers of natural
individuals. NMFS will consider these demographic and genetic diversity
concerns, as further elaborated by the following factors, in
identifying species of concern: abundance and productivity;
distribution; and life-history characteristics. These factors will be
considered with regard to existing threats. More details on these
factors can be viewed on our web site: http://www.nmfs.noaa.gov/pr/species/concern
.
The factors discussed above were considered in previous revisions
of NMFS' candidate species list, though they were not published until
1997 (62 FR 37560; July 14, 1997). They were also considered in
identifying the species of concern. NMFS will hereafter consider these
factors for future revisions of the species of concern list. The weight
given to certain factors may differ among species. When data are
incomplete for any factor, as is often the case, it may still be
appropriate to add a species to the species of concern list when there
are existing threats. NMFS will review the best available information
for the relevant factors and threats on a case by case basis and use
its best professional judgment in deciding whether a species or
population should be considered a species of concern. NMFS may conduct
ESA status reviews on each species of concern as agency resources
permit.
Species of Concern
Applying the factors described above, NMFS has transferred 25
candidate species to the species of concern list and identified 20
additional species as species of concern. Twelve additional species are
removed from the candidate species list. Rationale for identifying the
following species of concern is available at http://www.nmfs.noaa.gov/pr/species/concern.
Table 1 at the end of this Notice lists the species
of concern. Two species of concern are also considered to be candidate
species because they are undergoing status reviews in response to an
ESA petition to list them.
In some cases, vertebrate populations may be ``species of concern''
even though a determination on whether they qualify as ``species''
under the ESA has not yet been made. The ESA defines species as
including ``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.'' Two policies describe the
criteria for identifying distinct population segments (DPS): NMFS'
Policy on Applying the Definition of Species Under the [ESA] to Pacific
Salmon (criteria for evolutionarily significant units (ESUs) of Pacific
salmon) (56 FR 58612, November 20, 1991); and NMFS' and U.S. Fish and
Wildlife Service's (FWS) joint Policy Regarding the Recognition of
Distinct Vertebrate Population Segments Under the ESA (61 FR 4722,
February 7, 1996). In general, NMFS will determine whether a population
[[Page 19977]]
satisfies the criteria for a DPS after conducting an ESA status review.
NMFS may conduct status reviews on species that are not the subject
of a petition. As with a petitioned species, initiation of a status
review does not mean that an ESA listing is imminent. Even after a
status review has been conducted, it is possible that the available
information will be insufficient to make a determination on the status
of the species. In such cases, NMFS will continue gathering new
information as it becomes available, and the species may become or
remain a species of concern.
Identifying 45 Species of Concern
Transferring 25 Candidate Species to the Species of Concern List
NMFS transfers 25 species from the most recently published
candidate species list (64 FR 33466; June 23, 1999) to the Species of
Concern list. See the cited Federal Register notices for details.
Four of these species underwent status reviews that resulted in
``not warranted'' findings under ESA section 4(b)(3)(B)(i) and were
identified as candidate species because of remaining concerns and
uncertainties. These species now meet the definition of species of
concern instead: Cook Inlet beluga whale (Delphinapterus leucas) (65 FR
38778; June 22, 2000), barndoor skate (Raja laevis) (67 FR 61055;
September 27, 2002), Georgia Basin Pacific hake (Merluccius productus)
DPS (65 FR 70514; November 24, 2000), and bocaccio (Sebastes
paucispinis) (67 FR 69704; November 19, 2002).
In addition, NMFS denied a petition to list the largetooth sawfish
(Pristis pristis) without conducting a status review because the
petition did not present sufficient information indicating that listing
may be warranted; however, because NMFS was concerned about the status
of this species, it was added to the candidate species list (65 FR
12959; March 10, 2000). It no longer considered a candidate species,
but it meets the definition of a species of concern, as those concerns
still remain.
Fourteen other species of concern that were on NMFS' 1999 candidate
species list are currently undergoing status reviews. Thirteen of these
status reviews were initiated by NMFS and not in response to a petition
and therefore do not qualify as candidate species: dusky shark
(Carcharhinus obscurus), sand tiger shark (Odontaspis taurus), night
shark (Carcharinus signatus), Alabama shad (Alosa alabamae), Atlantic
salmon (Salmo salar) populations in the Gulf of Maine that were not
included in the endangered Gulf of Maine DPS listing (65 FR 69459;
November 17, 2000), mangrove rivulus (Rivulus marmoratus), saltmarsh
topminnow (Fundulus jenkinsi), opossum pipefish (Microphis brachyurus
lineatus), goliath grouper (Epinephelus itijara, formerly the jewfish,
officially changed by the American Fisheries Society on January 24,
2001), Nassau grouper (Epinephelus striatus), black abalone (Haliotis
cracherodii), elkhorn coral (Acropora palmata), and staghorn coral
(Acropora cervicornis). The Lower Columbia River coho salmon
(Oncorhynchus kisutch) ESU (was the Southwest Washington/Lower Columbia
River coho salmon ESU until results of an earlier status review
indicated that the Lower Columbia River coho salmon population was an
ESU) is undergoing a status review in response to a petition (65 FR
66221, November 3, 2000) and, therefore, qualifies as both a species of
concern and a candidate species.
Six other species from the 1999 candidate species list not yet
undergoing status reviews will now be considered species of concern
instead: Atlantic sturgeon (Acipenser oxyrhynchus oxyrhynchus), Puget
Sound/Strait of Georgia coho salmon (Oncorhynchus kisutch) ESU, Oregon
Coast steelhead (Oncorhynchus mykiss) ESU, key silverside (Menidia
conchorum), speckled hind (Epinephelus drummondhayi), and warsaw
grouper (Epinephelus nigritus).
Adding 20 Other Species of Concern
NMFS has identified 20 other species of concern. Four of these
species (northern and southern DPSs of green sturgeon (Acipenser
medirostris), 68 FR 4,433, January 29, 2003; white marlin (Tetrapturus
albidus), 67 FR 57204, September 9, 2002, and Central Valley fall and
late fall-run chinook salmon ESU (Oncorhynchus tshawytscha), 64 FR
50394, September 16, 1999) underwent status reviews after NMFS received
petitions to list them. NMFS found that none of these species warranted
listing as threatened or endangered under the ESA, but sufficient
concerns remained to justify adding them to the candidate species list.
The last revision of the candidate species list was published before
these determinations were made, so these species never appeared in a
published list of candidate species. Now these species qualify as
species of concern, but not candidate species. One additional species
(Oregon Coast coho salmon ESU (Oncorhynchus kisutch)) is currently
undergoing a status review as a result of a new petition (67 FR 48601,
July 25, 2002) and is therefore both a species of concern and a
candidate species.
The 15 new species of concern for which status reviews have not yet
been initiated are: thorny skate (Raja radiata), rainbow smelt (east
coast) (Osmerus mordax), cusk (Brosme brosme), striped croaker
(Bairdiella sanctaeluciae), humphead wrasse (Cheilinus undulatus),
bumphead parrotfish (Bolbometopon muricatum), Atlantic wolffish
(Anarhichas lupus), cowcod (Sebastes levis), Atlantic halibut
(Hippoglossus hippoglossus), inarticulate brachiopod (Lingula reevii),
pink abalone (Haliotis corrugata), green abalone (Haliotis fulgens),
pinto abalone (Haliotis kamtschatkana), Hawaiian coral (Montipora
dilitata), and ivory bush coral (Oculina varicosa).
Removing 12 Species From the Candidate Species List
In addition to the 25 species transferred from the candidate
species list to the species of concern list, NMFS has removed 12
species from the candidate species list. NMFS reviewed the status of
the following eight species/populations pursuant to petitions to list,
made ``not warranted'' determinations, and removed them from the
candidate species list: Gulf of Maine harbor porpoise (Phocoena
phocoena) (64 FR 480; January 5, 1999), Puget Sound Pacific herring
(Clupea pallasi) (66 FR 17659; April 13, 2001), Klamath Mountains
Province ESU of steelhead (Oncorhynchus mykiss) (66 FR 17845; April 4,
2001), Puget Sound Pacific cod (Gadus macrocephalus) (65 FR 70514;
November 24, 2000), Puget Sound walleye pollock (Theragra chalcogramma)
(65 FR 70514; November 24, 2000), and Puget Sound brown (Sebastes
auriculatus), copper (S. caurinus), and quillback rockfish (S. maliger)
(66 FR 17659; April 13, 2001). Three species were listed as threatened
or endangered after status reviews were conducted: smalltooth sawfish
(Pristis pectinata) (68 FR 15674; April 1, 2003), Northern California
steelhead (Oncorhynchus mykiss) ESU (65 FR 36074; June 7, 2000) and
white abalone (Haliotis sorenseni) (66 FR 29046; May 29, 2001).
Finally, NMFS turned jurisdiction of searun cutthroat trout
(Oncorhynchus clarki) over to FWS; therefore, the Oregon Coastal ESU of
searun cutthroat trout is no longer a NMFS candidate species (65 FR
21376; April 21, 2000).
Two species remain on NMFS' candidate species list: the Lower
Columbia River coho salmon ESU and the Oregon Coast coho salmon ESU.
[[Page 19978]]
Species of Concern Table
Table 1 below contains a complete list of NMFS' species of concern.
Any species of concern identified after this revision will be listed on
our web page (http://www.nmfs.noaa.gov/pr/species/concern) and not
published in the Federal Register. If the species is undergoing a
status review, this will also be noted. Information on candidate
species will be available on the same web site.
In Table 1, the common name appears as the first entry followed by
the scientific name, the family name, and the area of concern. This
area denotes the general geographic boundaries of the species or the
vertebrate population for which concern has been expressed. Results of
status reviews may narrow the geographic areas or populations of
concern in the future. It is important to note that the species of
concern list is limited by the information available.
Comments Solicited
NMFS solicits information on the biology of and threats to,
relevant research and stewardship opportunities for, and the factors
NMFS considers in identifying species of concern (see ADDRESSES). This
information will help guide NMFS in: future revisions of the species of
concern list, allocation of resources for species of concern, and
further refinement of the factors considered in identifying species of
concern. There is no deadline for submitting such information.
Dated: April 7, 2004.
Wanda L. Cain,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
Table 1 - Species of concern list
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Common Name Scientific Name Family Area of Concern\1\
----------------------------------------------------------------------------------------------------------------
Marine Mammals ........................... .................. ........................
beluga whale\2,3\ Delphinapterus leucas Monodontidae Pacific-AK (Cook Inlet
population).
Fishes ........................... .................. ........................
dusky shark\2\ Carcharhinus obscurus Carcharhinidae Atlantic, Gulf of Mexico-
Western North Atlantic
DPS.
sand tiger shark\2\ Odontaspis taurus Odontaspididae Atlantic, Gulf of
Mexico.
night shark\2\ Carcharinus signatus Carcharhinidae Atlantic, Gulf of
Mexico.
largetooth sawfish\2\ Pristis pristis Pristidae Atlantic-TX, FL.
barndoor skate\2,3\ Raja laevis Rajidae Atlantic-Newfoundland,
Canada to Cape
Hatteras, NC.
thorny skate Raja radiata Rajidae Atlantic-West Greenland
to NY
Atlantic sturgeon\2\ Acipenser oxyrhynchus Acipenseridae Atlantic-Labrador to St.
oxyrhynchus Johns R., FL;
anadromous.
green sturgeon\3\ Acipenser medirostris Acipenseridae Pacific-northern DPS
(including coastal
spawning populations
from the Eel River
north, to the Klamath
and Rogue rivers) and
southern DPS (includes
Sacramento River
spawning population);
anadromous.
Alabama shad\2\ Alosa alabamae Clupeidae Gulf of Mexico-AL, FL,
anadromous.
coho salmon\2\ Oncorhynchus kisutch Salmonidae Pacific-Puget Sound/
Strait of Georgia,2
Lower Columbia River,2,
4 and Oregon Coast4
coho ESUs; anadromous.
steelhead trout\2\ Oncorhynchus mykiss Salmonidae Pacific-OR Coast ESU;2
anadromous.
chinook salmon\3\ Oncorhynchus tshawytscha Salmonidae Pacific-Central Valley
fall and late fall-run
ESU
Atlantic salmon\2\ Salmo salar Salmonidae Atlantic-Gulf of Maine
(other populations in
streams and rivers
within the range of the
listed Gulf of Maine
Atlantic salmon DPS);
anadromous.
rainbow smelt Osmerus mordax Osmeridae Atlantic-Labrador to NJ;
anadromous.
cusk Brosme brosme Gadidae Atlantic-Gulf of Maine.
Pacific hake\2,3\ Merluccius productus Gadidae Pacific-Georgia Basin
DPS.
mangrove rivulus\2\ Rivulus marmoratus Aplocheilidae Atlantic-FL, estuarine.
saltmarsh topminnow\2\ Fundulus jenkinsi Cyprinodontidae Atlantic-TX, LA, MS, AL,
FL.
key silverside\2\ Menidia conchorum Atherinidae Atlantic-Florida Keys.
opossum pipefish\2\ Microphis brachyurus Syngnathidae Atlantic-Florida (Indian
lineatus River Lagoon).
striped croaker Bairdiella sanctaeluciae Sciaenidae Atlantic-FL, Antilles
and Caribbean from
Costa Rica to Guyana.
humphead wrasse Cheilinus undulatus Labridae Indo-Pacific-Red Sea to
the Tuamotus, north to
the Ryukyus, east to
Wake Islands, south to
New Caledonia,
throughout Micronesia;
includes U.S.
territories of Guam and
American Samoa.
bumphead parrotfish Bolbometopon muricatum Scaridae Indo-Pacific-Red Sea and
East Africa to the Line
Islands and Samoa;
north to Yaeyama, south
to the Great Barrier
Reef and New Caledonia;
Paulau, Caroline,
Mariana in Micronesia;
in U.S. it occurs in
Guam, American Samoa,
CNMI and the Pacific
Remote Island Areas
(Wake Islands).
Atlantic wolffish Anarhichas lupus Anarhichadidae Atlantic-Georges Bank
and western Gulf of
Maine.
white marlin\3\ Tetrapturus albidus Istiophoridae Atlantic.
cowcod Sebastes levis Scorpaenidae Pacific-Central OR to
central Baja California
and Guadalupe Island,
Mexico.
bocaccio\2,3\ Sebastes paucispinis Scorpaenidae Pacific-Southern DPS
(Northern CA to
Mexico).
[[Page 19979]]
Atlantic halibut Hippoglossus hippoglossus Pleuronectidae Atlantic-Labrador to
southern New England.
speckled hind\2\ Epinephelus drummondhayi Serranidae Atlantic-NC to Gulf of
Mexico.
goliath grouper\2\ Epinephelus itijara Serranidae Atlantic-NC southward to
Gulf of Mexico.
warsaw grouper\2\ Epinephelus nigritus Serranidae Atlantic-MA southward to
Gulf of Mexico.
Nassau grouper\2\ Epinephelus striatus Serranidae Atlantic-NC southward to
Gulf of Mexico.
Brachiopoda ........................... .................. ........................
inarticulate brachiopod Lingula reevii Lingulidae Pacific-Hawaii, only
Kaneohe Bay.
Mollusks ........................... .................. ........................
pink abalone Haliotis corrugata Haliotidae Pacific-Point
Conception, CA, to
Bahia de Tortuga, Baja
California.
black abalone\2\ Haliotis cracherodii Haliotidae Pacific-OR, CA, Baja
California.
green abalone Haliotis fulgens Haliotidae Pacific-Point
Conception, CA, to
Bahia Magdalena, Baja
California.
pinto abalone Haliotis kamtschatkana Haliotidae Pacific-Sitka, AK, to
Point Conception, CA.
Anthozoans (Corals) ........................... .................. ........................
elkhorn coral\2\ Acropora palmata Acroporidae western Atlantic-
Caribbean.
staghorn coral\2\ Acropora cervicornis Acroporidae western Atlantic-
Caribbean.
Hawaiian reef coral Montipora dilitata Acroporidae Pacific-Hawaii (Kaneohe
Bay, Midway atoll, and
Maro Reef).
ivory bush coral Oculina varicosa Oculinidae Atlantic-West Indies,
Bermuda, NC, FL, Gulf
of Mexico, Caribbean.
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\1\ Defines the general geographic area or populations of concern for the species.
\2\ Formerly on 1999 candidate species list
\3\ Status review has been conducted, ``not warranted'' finding resulted, but concerns still remain.
\4\ Also considered a candidate species because it is undergoing a status review in response to a petition to
list.
DPS = distinct population segment, which is a species for purposes of the ESA.
ESU = evolutionarily significant unit, which is a DPS or species for purposes of the ESA
[FR Doc. 04-8593 Filed 4-14-04; 8:45 am]
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