[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 46966-46968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-16600]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB42


Endangered and Threatened Species; Recovery Plans

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of availability; recovery plan and 5-year review for the 
Hawaiian monk seal.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
adoption of an Endangered Species Act (ESA) Recovery Plan (Recovery 
Plan) and 5-year review for the Hawaiian monk seal (Monachus 
schauinslandi). The Recovery Plan contains revisions and additions in 
consideration of public comments on the proposed draft Recovery Plan 
for the Hawaiian Monk Seal. This is the first 5-year review completed 
for the Hawaiian monk seal.

ADDRESSES: Additional information about the Recovery Plan and 5-year 
review may be obtained by writing to Dr. Michelle Yuen, National Marine 
Fisheries Service, Pacific Islands Regional Office, Protected Resources 
Division, 1601 Kapiolani Boulevard Suite 1110, Honolulu, HI, 96814 or 
send an electronic message to [email protected].

[[Page 46967]]

    Electronic copies of the Recovery Plan, the 5-year review, and a 
summary of NMFS's response to public comments on the Recovery Plan are 
available online at the NMFS Office of Protected Resources website: 
www.nmfs.noaa.gov/pr/species/mammals/pinnipeds/hawaiianmonkseal.htm

FOR FURTHER INFORMATION CONTACT: Michelle Yuen (808-944-2243), e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Recovery Plan Background

    Recovery plans describe actions considered necessary for the 
conservation and recovery of species listed under the Endangered 
Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The ESA 
requires that recovery plans incorporate (1) objective, measurable 
criteria that, when met, would result in a determination that the 
species is no longer threatened or endangered; (2) site-specific 
management actions necessary to achieve the plan's goals; and (3) 
estimates of the time required and costs to implement recovery actions. 
The ESA requires the development of recovery plans for listed species 
unless such a plan would not promote the recovery of a particular 
species. NMFS's goal is to restore the endangered Hawaiian monk seal 
population to the point where they are again secure, self-sustaining 
members of their ecosystem and no longer need the protections of the 
ESA.
    The Hawaiian monk seal has the distinction of being the only 
endangered marine mammal species whose entire range, historical and 
current, lies within the United States of America. The majority of the 
population of Hawaiian monk seals now occupies the northwestern 
Hawaiian Islands (NWHI) with six main breeding sub-populations. The 
species is also found in lower numbers in the main Hawaiian Islands 
(MHI), where the population size and range both appear to be expanding. 
The Hawaiian monk seal was listed as an endangered species under the 
ESA on November 23, 1976 (41 FR 51611). On April 30, 1986 (51 FR 
16047), critical habitat was designated at all beach areas, lagoon 
waters, and ocean waters out to a depth of 10 fathoms around Kure 
Atoll, Midway, Pearl and Hermes Reef, Lisianski Island, Laysan Island, 
Gardner Pinnacles, French Frigate Shoals, Necker Island and Nihoa 
Island; critical habitat was extended to include Maro Reef and waters 
around all habitat out to the 20 fathom isobath on May 26, 1988. The 
best estimate of the total population size in 2006 is 1,202 seals.
    The Recovery Plan was originally drafted by the Hawaiian Monk Seal 
Recovery Team at the request of the Assistant Administrator for 
Fisheries. The Recovery Team includes experts on marine mammals from 
the private sector, academia, and government, as well as experts on 
endangered species conservation. NMFS released the draft Recovery Plan 
and requested comments from the public on November 28, 2006 (71 FR 
68801). A summary of comments and NMFS responses to comments are 
available electronically (see ADDRESSES). Concurrent with the public 
comment period, NMFS requested comments from four independent peer-
reviewers.
    The final Recovery Plan contains: (1) a comprehensive review of the 
Hawaiian monk seal population distribution, life history, and habitat 
use, (2) a threats assessment, (3) conservation efforts, (4) biological 
and recovery criteria for downlisting and delisting, (5) actions 
necessary for the recovery of the species, (6) an implementation 
schedule, and (7) estimates of time and cost to recovery. The threats 
assessment includes three levels of threats: (1) Crucial (ongoing and 
apparent threat at most sites in the NWHI), (2) Serious (potential 
cause of localized threats), and (3) Moderate (localized impacts 
possible but not considered a serious or immediate threat). The crucial 
threats to Hawaiian monk seals are: food limitation, entanglement, and 
shark predation. The serious threats to Hawaiian monk seals are: 
infectious disease, habitat loss, fishery interaction, male aggression, 
and human interaction. Finally, the moderate threats to Hawaiian monk 
seals are: biotoxins, vessel groundings and contaminants.
    Criteria for the reclassification of the Hawaiian monk seal are 
included in the final Recovery Plan. In summary, Hawaiian monk seals 
may be reclassified from endangered to threatened when all of the 
following have been met: (1) aggregate numbers exceed 2,900 total 
individuals in the NWHI; (2) at least 5 of the 6 main sub-population in 
the NWHI are above 100 individuals, and the MHI population is above 
500; (3) the survivorship of females in each subpopulation in the NWHI 
and in the MHI is high enough that, in conjunction with the birth rates 
in each subpopulation, the calculated population growth rate for each 
subpopulation is not negative. The population will be considered for a 
delisting if the downlisting criteria continue to be met for 20 
consecutive years without new crucial or serious threats being 
identified. Time and cost for recovery actions are contained in the 
final Recovery Plan. The recovery program will cost $35,915,000 for the 
first five fiscal years and $378,425,000 to full recovery assuming the 
best case scenario that the population could grow to the stipulated 
total population size in the NWHI within 12 years and that the 
stipulated numbers in the MHI could be reached within 34 years.
    In accordance with the 2003 Peer Review Policy as stated in 
Appendix R of the Interim Endangered and Threatened Species Recovery 
Planning Guidance, NMFS solicited independent peer-review on the draft 
Plan concurrent with the public comment period. Independent peer-
reviews were requested from four scientists and managers with expertise 
in recovery planning, statistical analyses, fisheries, and marine 
mammals. Many of the recommendations that were made by the reviewers 
were addressed and provided in detail in the final plan.

5-year Review Background

    Section 4(c)(2)(A) of the ESA requires that NMFS conduct a review 
of listed species at least once every five years. On the basis of such 
reviews under section 4(c)(2)(B), NMFS will determine whether or not 
any species should be removed from the list (delisted), or reclassified 
from endangered to threatened or from threatened to endangered. 
Delisting a species must be supported by the best scientific and 
commercial data available and only considered if such data 
substantiates that the species is neither endangered nor threatened for 
one or more of the following reasons: (1) the species is considered 
extinct; (2) the species is considered to be recovered; and/or (3) the 
original data available when the species was listed, or the 
interpretation of such data, were in error. Any change in Federal 
classification would require a separate rulemaking process.
    The 5-year review considered the best scientific and commercial 
data and all new information that has become available since the 
listing determination or most recent status review. Categories of 
information include (A) species biology including, but not limited to, 
population trends, distribution, abundance, demographics, and genetics; 
(B) habitat conditions including, but not limited to, amount, 
distribution, and suitability; (C) conservation measures that have been 
implemented that benefit the species; (D) status and trends of threats; 
and (E) other new information, data, or corrections including, but not 
limited to, taxonomic or nomenclatural changes, identification of 
erroneous information contained in the List, and improved analytical 
methods. NMFS

[[Page 46968]]

concluded that the status of the Hawaiian monk seal remains 
``endangered''.
    NMFS announced the initiation of the 5-year review and requested 
information from the public on January 22, 2007 (72 FR 2650). 
Information was received from the Ocean Conservancy and the Marine 
Mammal Commission.

Conclusion

    NMFS revised the final Recovery Plan for the Hawaiian Monk Seal and 
evaluated all comments received by the public as well as independent 
peer-reviewers. NMFS has also completed the first 5-year review for the 
Hawaiian Monk Seal based on public comments received and internal 
review. NMFS concludes that both the Recovery Plan and the 5-year 
review meet the requirements of the ESA.

    Dated: August 16, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E7-16600 Filed 8-21-07; 8:45 am]
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