[Federal Register Volume 69, Number 73 (Thursday, April 15, 2004)]
[Notices]
[Pages 19975-19979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8593]


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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 
[email protected]. 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, [email protected].

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
----------------------------------------------------------------------------------------------------------------
             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.
----------------------------------------------------------------------------------------------------------------
\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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