[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Proposed Rules]
[Pages 16713-16716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7495]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 100322160-0161-01]
RIN 0648-XV10


Endangered and Threatened Wildlife; Notice of 90-Day Finding on a 
Petition to List the Bumphead Parrotfish as Threatened or Endangered 
and Designate Critical Habitat Under the Endangered Species Act (ESA)

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

ACTION:  90-day petition finding; request for information.

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SUMMARY:  We (NMFS) announce a 90-day finding on a petition to list the 
bumphead parrotfish (Bolbometopon muricatum) as threatened or 
endangered and designate critical habitat under the ESA. We find that 
the petition presents substantial scientific or commercial information 
indicating that the petitioned actions may be warranted. Therefore, we 
initiate a status review of the bumphead parrotfish to determine if 
listing under the ESA is warranted. To ensure this status review is 
comprehensive, we solicit scientific and commercial information 
regarding this species.

DATES:  Information and comments must be submitted to NMFS by May 3, 
2010

ADDRESSES:  You may submit comments, information, or data, identified 
by the Regulation Identifier Number (RIN) 0648-XV10, by any of the 
following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal: http://www.regulations.gov.
    Mail: Alecia Van Atta, Assistant Regional Administrator, Protected 
Resources Division, NMFS, Pacific Islands Regional Office, 1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. Comments will be posted for public viewing after the comment 
period has closed. All Personal Identifying Information (e.g., 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 petition from the above 
address or online from the NMFS website: http://www.fpir.noaa.gov/PRD/prd_esa_section_4.html

FOR FURTHER INFORMATION CONTACT:  Patrick Opay, NMFS, Pacific Islands 
Region, (808) 944-2242 or Dwayne Meadows, NMFS, Office of Protected 
Resources, (301) 713-1401.

SUPPLEMENTARY INFORMATION:

Background

    On January 4, 2010, we received a petition from WildEarth Guardians 
to list the bumphead parrotfish as threatened or endangered under the 
ESA. The petitioner also requested that critical habitat be designated 
for this species concurrent with listing under the ESA. The petition 
asserts that overfishing is a significant threat to the bumphead 
parrotfish and that this species is declining across its range and is 
nearly eliminated from many areas. The petition also asserts that 
degradation of its coral habitat through coral bleaching and ocean 
acidification is a threat to this species, as coral is its primary food 
source. The petition asserts that biological traits (e.g., slow 
maturation and low reproductive rates), shrinking remnant populations 
and range reductions, the effects from increasing human populations in 
the species range, and inadequate regulatory protection are subjecting 
the bumphead parrotfish to extinction in the foreseeable future. The 
petition briefly summarizes the description, taxonomy, natural history, 
distribution, and status for the petitioned species.
    The bumphead parrotfish is the largest of the parrotfish species 
and has a wide range. It can be found throughout the Indo-Pacific 
including the Red Sea and East Africa to the Line Islands and Samoa, 
north to Taiwan and the Yaeyama Islands (Japan), south to the Great 
Barrier Reef and New Caledonia, to Palau, Caroline, Marshall, and the 
Mariana Islands in Micronesia. In the United States it occurs in Guam, 
American Samoa, the Commonwealth of the Northern Mariana Islands, and 
the Pacific Remote Island Areas. It is not found in Hawaii or Johnston 
Atoll.
    The petition states that this species is classified as vulnerable 
by the World Conservation Union (IUCN). The IUCN defines vulnerable as 
a species considered to be facing a high risk of extinction in the 
wild. We believe that bumphead parrotfish populations have been 
declining throughout their range and placed this species on our Species 
of Concern list in 2004.

ESA Statutory Provisions and Policy Considerations

    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 list a species as threatened or endangered, 
the Secretary of Commerce (Secretary) make a finding on whether that 
petition presents substantial scientific or commercial information 
indicating that the petitioned action may be warranted (see 16 U.S.C. 
1533(b)(3)(A)). Joint ESA-implementing regulations issued by NMFS and 
U.S. Fish and Wildlife Service (50 CFR 424.14(b)) define ``substantial 
information'' in this context 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 indicating that the petitioned action may be 
warranted is presented in the petition, we are required to promptly 
commence a review of the status of the species concerned during which 
we will conduct a comprehensive review of the best available scientific 
and commercial information. In such cases, 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. Because the finding at the 
12-month stage is based on a more thorough review of the available

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information, as compared to the narrow scope of the 90-day stage, a 
``may be warranted'' finding does not prejudge the outcome of the 
status review.
    Under the ESA, a listing determination may address a ``species,'' 
which is defined to include taxonomic species as well as subspecies 
and, for any vertebrate species which interbreeds when mature, a 
distinct population segment (DPS) (16 U.S.C. 1532(16)). The bumphead 
parrotfish is classified as a taxonomic species. The petitioner 
requested consideration of the entire taxonomic species. A species or 
subspecies is ``endangered'' if it is in danger of extinction 
throughout all or a significant portion of its range, and 
``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, 16 U.S.C. 1532(6) and 
(20)).

Biology of the Bumphead Parrotfish

    This species is slow growing and long-lived (up to 40 years), with 
delayed reproduction and low replenishment rates (Choat and Robertson, 
2002; Hamilton, 2003). Bumphead parrotfish live in coral reef habitats 
from 3 to 160 feet (1-50 m) depth (Donaldson and Dulvy, 2004). They 
occur in barrier and fringing reefs during the day, but rest in caves 
or shallow sandy lagoon flats at night (Donaldson and Dulvy, 2004). 
Juveniles use seagrass beds inside lagoons while adults are more 
commonly found in outer lagoons and seaward reefs. This species sleeps 
in large groups, making them highly vulnerable to exploitation by 
spearfishers and netters at night (Myers, 1999; Donaldson and Dulvy, 
2004). The bumphead parrotfish is primarily a corallivore, but also 
eats benthic algae. They use their large head to ram corals and break 
them into pieces that are more easily ingested (each fish ingests tons 
of structural reef carbonates per year) (Bellwood et al., 2003), 
contributing significantly to the ecology and dynamics of reefs. 
Aggregations of this species are important coral sand producers on 
reefs and may be important in maintaining ecosystem resilience 
(Bellwood et al., 2003).

Analysis of Petition

    We evaluated the petition and information readily available in our 
files to determine if the petition presents an amount of scientific or 
commercial information that would lead a reasonable person to believe 
that the measure proposed in the petition may be warranted. The 
petition clearly recommends the administrative measure of listing the 
bumphead parrotfish as endangered or threatened and designating 
critical habitat, and gives the scientific and common name of the 
species. The petition contains a narrative justification for the 
recommended measure, and discusses past and present population status 
and trends. The petitioner argues that while historically common or 
abundant throughout its range, the bumphead parrotfish is now declining 
and globally rare, citing Donaldson and Dulvy (2004), Chan et al. 
(2007), and NMFS (2009). The petition further asserts that the 
populations of this species have declined at least 30 percent over the 
past 30 years, citing IUCN information (Chan et al., 2007). The 
petition argues that the bumphead parrotfish is rarely encountered in 
U.S. Line and Phoenix Islands, and is nearly extirpated in Guam, East 
Africa, and the Marshall Islands. Our Pacific Islands Fisheries Science 
Center surveys of U.S. Pacific Islands and reefs conducted from 2000 to 
2009 indicate that this species is extremely rare throughout the U.S. 
Pacific Islands except for Wake Atoll. The petition asserts that while 
the species was commercially important in the 1990s, the species is now 
rare in markets and nearly extirpated in Fiji, and is declining in 
Palau, Indonesia, and the south end of the Great Barrier Reef, citing 
Hasurmai et al. (2005), Foster et al. (2006), Chan et al. (2007), 
Habibi et al. (2007), Waddell and Clarke (2008), and NMFS (2009). The 
petition discusses interviews of local fishers in Palau conducted in 
2003 by the Society for Conservation of Reef Fish Aggregations in which 
fishers explained that many bumphead parrot fish were caught years ago, 
but very few are found now. Respondents stated that 250 animals of this 
species were caught in just 1 fishing trip in 1975, whereas captures 
declined to 30 to 50 per trip after 1975, and now very few are caught. 
Another interview respondent reported that in their area they could 
catch up to 150 bumphead parrotfish in a month in the 1960's, but only 
up to 60 could be caught in a month after 1990, and the animals were 
half the size. The interviews suggested that this species had declined 
noticeably by the early 1990's. The petition asserts that in a global 
survey of over 300 reefs, the bumphead parrotfish was not found in 67 
percent the sites in the Indo-Pacific, citing NMFS (2009).
    The ESA requires us to determine whether species are threatened or 
endangered because of any of the following section 4(a)(1) factors: the 
present or threatened destruction, modification, or curtailment of 
habitat or range; overutilization for commercial, recreational, 
scientific, or educational purposes; disease or predation; inadequacy 
of existing regulatory mechanisms; and any other natural or manmade 
factors affecting the species' existence (16 U.S.C. 1533(a)(1)). The 
petition describes factors which it asserts have led to the current 
status of the bumphead parrotfish, as well as threats which it asserts 
the species currently face, categorizing them under the section 4(a)(1) 
factors.
    The petition asserts destruction of coral reefs is an important 
threat to reef fishes, citing Dulvy et al. (2003) and Waddell and 
Clarke (2008), further asserting that the bumphead parrotfish is 
vulnerable to degradation of its coral habitat, citing NMFS (2009). 
Coral is a primary food source for this species, and the petition 
provides examples of activities that are adversely affecting corals in 
Micronesia, the Marshall Islands, the Mariana Islands, Indonesia, 
American Samoa, Palau, and Guam. Additionally, the petition asserts 
that the negative effects of coral bleaching and ocean acidification 
present a significant threat to the bumphead parrotfish throughout its 
range (through degradation or loss of its food source and habitat). The 
petition cites examples of coral bleaching events in American Samoa 
(citing Aeby et al., 2008), the Pamyra Atoll and Kingman Reef (citing 
Clarke et al., 2008), Jarvis Island (citing Id.), Howland Island 
(citing Id.), the Marshall Islands (citing Berger et al., 2008), 
Indonesia (citing Habibi et al., 2007), Micronesia (citing George et 
al., 2008), Palau (citing Marino et al., 2008), and Guam (citing 
Burdick et al., 2008). The petition asserts that the increased 
frequency and intensity of extreme weather events due to climate change 
harm coral reefs and thus may negatively impact bumphead parrotfish. 
The petition further asserts that increasing human populations within 
the range of the bumphead parrotfish present additional threats to the 
species through increased fishing pressure and impacts on coral 
habitat.
    The petition asserts that overutilization through commercial and 
subsistence overfishing is a significant threat to the bumphead 
parrotfish, claiming it is one of the most vulnerable species to 
fishing pressure, citing Donaldson and Dulvy (2004) and NMFS (2009). It 
is particularly susceptible to spear and net fishing, as this fish 
sleeps in large groups at night. One of the main threats to this 
species is overexploitation, especially the taking of sleeping adults 
at night with spears or nets. The petition asserts that this

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species is not adequately protected by federal or state laws or 
policies to prevent its endangerment or extinction. The petition 
asserts that more or better protective measures are needed for large 
females, and that a moratorium on commercial fishing and export, gear 
restrictions, and blanket protection for the species is necessary.
    The petition also asserts that the bumphead parrotfish is nearly 
extirpated from many areas within its range and that small population 
sizes and narrowing range may increase the likelihood of extinction 
through random events, or loss of genetic variability over time and a 
concomitant inability to cope with environmental change.

Petition Finding

    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 ESA regulations under 50 
CFR 424.14(b)(2). 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 citations to journals that are readily 
accessible. This information would lead a reasonable person to believe 
that the measure proposed in the petition may be warranted. Therefore 
we determine that the requested listing actions may be warranted.

Information Solicited

Information on Status of the Species

    As a result of this finding, we commence a status review on the 
bumphead parrotfish to determine whether listing this species under the 
ESA is warranted. We intend that any final action resulting from this 
review be as accurate and as effective as possible. Therefore, we open 
a 30-day public comment period to solicit information from the public, 
government agencies, the scientific community, industry, and any other 
interested parties on the status of this species throughout its range, 
including:
    (1) Historical and current distribution and abundance of the 
species throughout its range (U.S. and foreign waters);
    (2) Historic and current condition of the species and its habitat;
    (3) Population trends;
    (4) The effects of climate change on this species and the coral 
reef ecosystems on which it depends over the short- and long-term;
    (5) The level of current fishing pressure and known effects of such 
fishing;
    (6) The effects of other threats, including but not limited to, 
coastal development, coastal point source pollution, agricultural and 
land use practices, disease, predation, reef fishing, physical damage 
from boats and anchors, marine debris, and aquatic invasive species, on 
the distribution and abundance of coral habitat important to the 
species over the short- and long-term;
    (7) The coral species consumed by this species and the status of 
each those corals; and
    (8) Management programs for conservation of this species, including 
mitigation measures related to any of the threats listed above.
    We request that all data and information be accompanied by 
supporting documentation such as maps, bibliographic references, or 
reprints of pertinent publications. Please send any comments to the 
ADDRESSES listed above. 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.

Information Regarding Protective Efforts

    Section 4(b)(1)(A) of the ESA requires the Secretary to make 
listing determinations solely on the basis of the best scientific and 
commercial data available after conducting a review of the status of a 
species and after taking into account efforts being made to protect the 
species (16 U.S.C. 11533(b)(1)(A)). Therefore, in making its listing 
determinations, we first assess the status of the species and identify 
factors that have led to its current status. We then assess 
conservation measures to determine whether they ameliorate a species' 
extinction risk (50 CFR 424.11(f)). In judging the efficacy of 
conservation efforts, we consider the following: the substantive, 
protective, and conservation elements of such efforts; the degree of 
certainty that such efforts will reliably be implemented; the degree of 
certainty that such efforts will be effective in furthering the 
conservation of the species; and the presence of monitoring provisions 
to determine effectiveness of recovery efforts and that permit adaptive 
management (Policy on the Evaluation of Conservation Efforts, 68 FR 
15100; March 28, 2003). In some cases, conservation efforts may be 
relatively new or may not have had sufficient time to demonstrate their 
biological benefit. In such cases, provisions of adequate monitoring 
and funding for conservation efforts are essential to ensure that the 
intended conservation benefits will be realized. We encourage all 
parties to submit information on ongoing efforts to protect and 
conserve the bumphead parrotfish, as well as information on recently 
implemented or planned activities and their likely impact(s).

Information Regarding Potential Critical Habitat

    Critical habitat is defined in section 3(5) of the ESA as: (1) the 
specific areas within the geographical area occupied by the species, at 
the time it is listed in accordance with the ESA, on which are found 
those physical or biological features (a) essential to the conservation 
of the species and (b) which may require special management 
considerations or protection; and (2) specific areas outside the 
geographical area occupied by the species at the time it is listed upon 
a determination that such areas are essential for the conservation of 
the species (16 U.S.C. 1532(5)). Once critical habitat is designated, 
section 7(a)(2) of the ESA requires Federal agencies to ensure that 
they do not fund, authorize or carry out any actions that are likely to 
destroy or adversely modify that habitat (16 U.S.C. 1536(a)(2)). This 
requirement is in addition to the section 7(a)(2) requirement that 
Federal agencies ensure that their actions do not jeopardize the 
continued existence of listed species.
    Section 4(a)(3)(A) of the ESA requires that, to the extent prudent 
and determinable, critical habitat be designated concurrently with the 
listing of a species (16 U.S.C. 11533(a)(3)(A)(i)). Designations of 
critical habitat must be based on the best scientific data available 
and must take into consideration the economic, national security, and 
other relevant impacts of specifying any particular area as critical 
habitat (16 U.S.C. 1533(b)(2)). In advance of any determination to 
propose listing of the bumphead parrotfish as threatened or endangered 
under the ESA, we solicit information that would assist us in 
developing a critical habitat proposal.
    Joint NMFS/FWS regulations for listing endangered and threatened 
species and designating critical habitat

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(50 CFR 424.12(b)) state that the agency ``shall consider those 
physical and biological features that are essential to the conservation 
of a given species and that may require special management 
considerations or protection.'' Pursuant to the regulations, such 
requirements include, but are not limited to the following: (1) space 
for individual and population growth, and for normal behavior; (2) 
food, water, air, light, minerals, or other nutritional or 
physiological requirements; (3) cover or shelter; (4) sites for 
breeding, reproduction, rearing of offspring, germination, or seed 
dispersal; and generally, (5) habitats that are protected from 
disturbance or are representative of the historic geographical and 
ecological distributions of a species. Id.
    Section 4(b)(2) of the ESA requires the Secretary to consider the 
``economic impact, impact on national security, and any other relevant 
impact,'' of designating a particular area as critical habitat (16 
U.S.C. 1533(b)(2)). Section 4(b)(2) further authorizes the Secretary to 
exclude any area from a critical habitat designation if the Secretary 
finds that the benefits of exclusion outweigh the benefits of 
designation, unless excluding that area will result in extinction of 
the species. Id. We seek information regarding the benefits of 
designating specific areas geographically throughout the range of the 
bumphead parrotfish as critical habitat. We also seek information on 
the economic impact of designating particular areas as part of the 
critical habitat designation. In keeping with the guidance provided by 
the Office of Management and Budget (2000, 2003), we seek information 
that would allow the monetization of these effects to the extent 
possible, as well as information on qualitative impacts to economic 
values. We also seek information on impacts to national security and 
any other relevant impacts of designating critical habitat in these 
areas.
    In accordance with our regulations (50 CFR 424.13) we will consult 
as appropriate with affected states, interested persons and 
organizations, other affected Federal agencies, and, in cooperation 
with the Secretary of State, with the country or countries in which the 
species concerned are normally found or whose citizens harvest such 
species from the high seas. Data reviewed may include, but are not 
limited to, scientific or commercial publications, administrative 
reports, maps or other graphic materials, information received from 
experts, and comments from interested parties.

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 listings are 
based on the best scientific and commercial data available. The Office 
of Management and Budget issued its Final Information Quality Bulletin 
for Peer Review on December 16, 2004. The Bulletin went into effect 
June 16, 2005, and generally requires that all ``influential scientific 
information'' and ``highly influential scientific information'' 
disseminated on or after that date be peer reviewed. Because the 
information used to evaluate this petition may be considered 
``influential scientific information,'' we solicit the names of 
recognized experts in the field that could take part in the peer review 
process for this status review (see ADDRESSES). 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.

Authority

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

    Dated: March 30, 2010.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2010-7495 Filed 4-1-10; 8:45 am]
BILLING CODE 3510-22-S