[Federal Register Volume 73, Number 61 (Friday, March 28, 2008)]
[Proposed Rules]
[Pages 16617-16619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-6432]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR 223 and 224

[Docket No. 080318441-8467-01]
RIN 0648-AV36


Endangered and Threatened Wildlife; Notice of 90-Day Finding on a 
Petition to List the Ribbon Seal as a Threatened or Endangered Species

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

ACTION: Notice of a 90-day petition finding; request for information; 
and initiation of status reviews of ribbon, bearded, ringed, and 
spotted seals.

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SUMMARY: We (NMFS) announce a 90-day finding on a petition to list the 
ribbon seal (Histriophoca fasciata) as a threatened or endangered 
species under the Endangered Species Act (ESA). We find that the 
petition presents substantial scientific or commercial information 
indicating that the petitioned action may be warranted. Therefore, we 
initiate a status review of the ribbon seal to determine if listing 
under the ESA is warranted. Concurrently, we also initiate a status 
review of the other ice seal species: bearded (Erignathus barbatus), 
ringed (Phoca fasciata), and spotted (Phoca largha). To ensure these 
status reviews are comprehensive, we solicit scientific and commercial 
information regarding all of these ice seal species.

DATES: Information and comments must be submitted to NMFS by May 27, 
2008.

ADDRESSES: You may submit comments, information, or data, identified by 
the Regulation Identifier Number (RIN), 0648-AV36, by any of the 
following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal: http://www.regulations.gov.
    Mail: Assistant Regional Administrator, Protected Resources 
Division, NMFS, Alaska Regional Office, P.O. Box 21668, Juneau, AK 
99802.
    Facsimile (fax): 907-586-7012.
    Instructions: All comments received are a part of the public record 
and will generally beposted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments. Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF file formats only.
    Interested persons may obtain a copy of the ribbon seal petition 
from the above address or online from the NMFS Alaska Region website: 
http://www.fakr.noaa.gov/protectedresources/seals/ice.htm.

FOR FURTHER INFORMATION CONTACT: James Wilder, NMFS Alaska Region, 
(907) 271 6620; Kaja Brix, NMFS Alaska Region, (907) 586-7235; or Marta 
Nammack, NMFS, Office of Protected Resources, (301) 713-1401.

SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the ESA of 1973, as 
amended (U.S.C. 1531 et seq.), requires, to the maximum extent 
practicable, that within 90 days of receipt of a petition to designate 
a species as threatened or endangered, the Secretary of Commerce

[[Page 16618]]

(Secretary) make a finding on whether that petition presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted. Joint ESA-implementing regulations 
between NMFS and U.S. Fish and Wildlife Service (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 making a finding on a petition to list a species, the Secretary 
must consider whether the petition: (i) clearly indicates the 
administrative measure recommended and gives the scientific and any 
common name of the species involved; (ii) contains a detailed narrative 
justification for the recommended measure, describing, based on 
available information, past and present numbers and distribution of the 
species involved and any threats faced by the species; (iii) provides 
information regarding the status of the species over all or a 
significant portion of its range; and (iv) is accompanied by the 
appropriate supporting documentation in the form of bibliographic 
references, reprints of pertinent publications, copies of reports or 
letters from authorities, and maps (50 CFR 424.14(b)(2)). To the 
maximum extent practicable, this finding is to be made within 90 days 
of the date the petition was received, and the finding is to be 
published promptly in the Federal Register. When it is found that 
substantial information is presented in the petition, we are required 
to promptly commence a review of the status of the species concerned. 
Within 1 year of receipt of the petition, we shall conclude the review 
with a finding as to whether or not the petitioned action is warranted.
    Under the ESA, a listing determination may address a species, 
subspecies, or a distinct population segment (DPS) of any vertebrate 
species which interbreeds when mature (16 U.S.C. 1532(15)). A joint 
NOAA-USFWS policy clarifies the agencies' interpretation of the phrase 
``distinct population segment of any species of vertebrate fish or 
wildlife'' (ESA section 3(16)) for the purposes of listing, delisting, 
and reclassifying a species under the ESA (61 FR 4722, February 7, 
1996). The joint DPS policy established two criteria that must be met 
for a population or group of populations to be considered a DPS: (1) 
the population segment must be discrete in relation to the remainder of 
the species (or subspecies) to which it belongs; and (2) the population 
segment must be significant to the remainder of the species (or 
subspecies) to which it belongs. A population segment may be considered 
discrete if it satisfies either one of the following conditions: (1) it 
is markedly separated from other populations of the same biological 
taxon as a consequence of physical, physiological, ecological, or 
behavioral factors (quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation); or (2) it is 
delimited by international governmental boundaries across which there 
is a significant difference in exploitation control, habitat 
management, conservation status, or if regulatory mechanisms exist that 
are significant in light of section 4(a)(1) of the ESA. If a population 
is determined to be discrete, the agency must then consider whether it 
is significant to the taxon to which it belongs. Considerations in 
evaluating the significance of a discrete population include: (1) 
persistence of the discrete population in an unusual or unique 
ecological setting for the taxon; (2) evidence that the loss of the 
discrete population segment would cause a significant gap in the 
taxon's range; (3) evidence that the discrete population segment 
represents the only surviving natural occurrence of a taxon that may be 
more abundant elsewhere outside its historical geographic range; or (4) 
evidence that the discrete population has marked genetic differences 
from other populations of the species.
    A species, subspecies, or DPS is ``endangered'' if it is in danger 
of extinction throughout all or a significant portion of its range, or 
``threatened'' if it is likely to become endangered within the 
foreseeable future throughout all or a significant portion of its range 
(ESA sections 3(6) and 3(20), respectively).

Background

    On December 20, 2007, we received a petition from the Center for 
Biological Diversity to list the ribbon seal as an endangered species 
under the ESA. The petitioner also requested that critical habitat be 
designated for ribbon seals concurrent with listing under the ESA. The 
petition states the ribbon seal population is a ``species'' under the 
definition of the ESA, with distinctive characteristics, morphology, 
and mtDNA to be considered its own genus, which is the current accepted 
taxonomy. The petitioner provides genetic and physiological information 
to support that ribbon seals are discrete from other pinnipeds of the 
Arctic shelf region. It is the petitioner's contention that the ribbon 
seal faces global extinction in the wild, and therefore, is an 
endangered species as defined under 16 U.S.C. 1532(6). The petition 
presents information on (1) ``global warming which is resulting in the 
rapid melt of the [seals'] sea-ice habitat;'' (2) ``high harvest levels 
allowed by the Russian Federation;'' (3) ``current oil and gas 
development;'' (4) ``rising contaminant levels in the Arctic;'' and (5) 
``bycatch mortality and competition for prey resources from commercial 
fisheries.'' The petition also presents information on the taxonomy, 
distribution, habitat requirements, reproduction, diet, natural 
mortality, and demographics; as well as a discussion of the 
applicability of the five factors listed under ESA section 4(a)(1).
    We have reviewed the petition, the literature cited in the 
petition, and other literature and information available in our files. 
Based on that literature and information, we find that the petition 
meets the aforementioned requirements of the regulations under 50 CFR 
424.14(b)(2) and, therefore, determine that the petition presents 
substantial information indicating that the requested listing action 
may be warranted.
    It is also our prerogative to broaden the scope of the review if 
available information indicates such an action is appropriate. In this 
case, we have also chosen to initiate a status review of the other ice 
seal species (bearded--Erignathus barbatus, ringed--Phoca fasciata, and 
spotted--Phoca largha) in the Alaska region that share similar habitat 
and biological requirements as ribbon seals (Histriophoca fasciata). 
This status review is not subject to the statutory timelines which 
govern the ribbon seal status review, as outlined above, and will be 
completed as agency resources allow.

Status Review

    As a result of this finding, we will commence a status review to 
determine whether or not listing ribbon seals under the ESA is 
warranted. We intend that any final action resulting from this status 
review be as accurate and as effective as possible. Because the ribbon 
seal is one of three marine mammals in Arctic waters (the other two are 
polar bears--Ursus maritimus--and walrus--Odobenus rosmarus divergens), 
which have been petitioned under the ESA in recent years primarily due 
to the effects of global climate change, we have decided to also 
initiate a status review of the other ice seals in U.S. waters. These 
other ice seal species include the bearded, ringed, and spotted seals. 
Therefore, we are opening a 60-day public comment period to solicit 
comments, suggestions, and information

[[Page 16619]]

from the public, government agencies, the scientific community, 
industry, and any other interested parties on the status of the ribbon 
seal and other ice seals throughout their range, including:
    (1) Information on taxonomy, abundance, reproductive success, age 
structure, distribution, habitat selection, food habits, population 
density and trends, habitat trends, and effects of management on ribbon 
seals and other ice seals;
    (2) Information on the effects of climate change and sea ice change 
on the distribution and abundance of ribbon seals, and other ice seals, 
and their principal prey over the short- and long-term;
    (3) Information on the effects of other potential threat factors, 
including oil and gas development, contaminants, hunting, and poaching, 
on the distribution and abundance of ribbon seals, and other ice seals, 
and their principal prey over the short- and long-term;
    (4) Information on management programs for ribbon seal 
conservation, including mitigation measures related to oil and gas 
exploration and development, hunting conservation programs, anti-
poaching programs, and any other private, tribal, or governmental 
conservation programs which benefit ribbon seals and other ice seals; 
and
    (5) Information relevant to whether any populations of the ice seal 
species may qualify as distinct population segments.
    We will base our findings on a review of the best scientific and 
commercial information available, including all information received 
during the public comment period.

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: March 25, 2008.
Samuel D. Rauch III,
Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-6432 Filed 3-27-08; 8:45 am]
BILLING CODE 3510-22-S