Endangered and Threatened Wildlife and Plants; 90-Day Finding on a Petition to List 12 Penguin Species as Threatened or Endangered under the Endangered Species Act, 37695-37697 [07-3355]
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Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Proposed Rules
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[FR Doc. 07–3325 Filed 7–10–07; 8:45 am]
BILLING CODE 6560–50–P
Notice of 90-day petition
finding and initiation of status review.
ACTION:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list 12
penguin species: emperor penguin
(Aptenodytes forsteri), southern
rockhopper penguin (Eudyptes
chrysocome), northern rockhopper
penguin (Eudyptes moseleyi (E.
chrysocome moseleyi)), fiordland
crested penguin (Eudyptes
pachyrhynchus), snares crested penguin
(Eudyptes robustus), erect-crested
penguin (Eudyptes sclateri), macaroni
penguin (Eudyptes chrysolophus), royal
penguin (Eudyptes schlegeli), whiteflippered penguin (Eudyptula
albosignata (E. minor albosignata)),
yellow-eyed penguin (Megadyptes
antipodes), African penguin
(Spheniscus demersus), and Humboldt
penguin (Spheniscus humboldti) as
threatened or endangered under the
Endangered Species Act of 1973, as
amended (Act). We find that the petition
presents substantial scientific or
commercial information indicating that
listing 10 species of penguins may be
warranted. We, therefore, are initiating
a status review of 10 species of penguins
to determine if listing under the Act is
warranted. To ensure that the status
review is comprehensive, we are
soliciting scientific and commercial
information regarding these species. We
find the petition does not provide
substantial scientific or commercial
information indicating that listing of
two species may be warranted: snares
crested penguin and royal penguin.
Therefore, we will not be initiating a
status review for these two species in
response to this petition. However, we
ask the public to submit to us any new
information that becomes available
concerning the status of these two
species or threats to them or their
habitat at any time.
We must receive your comments
on or before September 10, 2007.
DATES:
Submit any comments,
information, and questions by any one
of the following methods: By mail to the
Special Assistant to the Deputy
Assistant Director, International Affairs,
U.S. Fish and Wildlife Service, 4401 N.
Fairfax Drive, Room 760, Arlington, VA
22203; by fax to 703–358–2276; by email to DSApenguins@fws.gov; or
through the Federal eRulemaking Portal
at www.regulations.gov.
ADDRESSES:
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
cprice-sewell on PROD1PC72 with PROPOSALS
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants; 90-Day Finding on a
Petition to List 12 Penguin Species as
Threatened or Endangered under the
Endangered Species Act
AGENCY:
Fish and Wildlife Service,
Interior.
VerDate Aug<31>2005
15:24 Jul 10, 2007
Jkt 211001
Dr.
Peter O. Thomas at the above address,
or by telephone, 703–358–1708; or email, DSApenguins@fws.gov.
FOR FURTHER INFORMATION CONTACT:
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37695
If you
submit information or comments, please
include ‘‘Attn: Penguins’’ in the
beginning of your message. Electronic
attachments in standard formats (such
as .pdf or .doc) are acceptable, but
please name the software necessary to
open any attachments in formats other
than those given above. Also, please
include your name and return address
in your e-mail message. If you do not
receive a confirmation from the system
that we have received your e-mail
message, please submit your comments
in writing using one of the alternate
methods described above.
SUPPLEMENTARY INFORMATION:
Public Comments Solicited
We intend that any final action
resulting from this status review will be
as accurate and as effective as possible.
Therefore, we solicit comments or
suggestions from the public, concerned
governmental agencies, the scientific
community, industry, or any other
interested party. We are opening a 60day public comment period to allow all
interested parties an opportunity to
provide information on the statuses of
10 species of penguins: emperor
penguin (Aptenodytes forsteri), southern
rockhopper penguin (Eudyptes
chrysocome), northern rockhopper
penguin (Eudyptes moseleyi (E.
chrysocome moseleyi)), fiordland
crested penguin (Eudyptes
pachyrhynchus), erect-crested penguin
(Eudyptes sclateri), macaroni penguin
(Eudyptes chrysolophus), whiteflippered penguin (Eudyptula
albosignata (E. minor albosignata)),
yellow-eyed penguin (Megadyptes
antipodes), African penguin
(Spheniscus demersus), and Humboldt
penguin (Spheniscus humboldti)
throughout their range, including:
(1) Information on taxonomy,
distribution, habitat selection and
trends (especially breeding and foraging
habitats), diet, and population
abundance and trends (especially
current recruitment data) on these
species;
(2) Information on the effects of
climate change and changing ocean or
land or sea ice conditions on the
distribution and abundance of these
species and their principal prey species
over the short and long term (especially
information on known prey
substitutions, and what their effects
would be on these species);
(3) Information on the effects of other
potential threat factors, including
commercial fishing activities,
contaminants, habitat loss, harvest,
predation by other animals, and
diseases of these species or their
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Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Proposed Rules
principal prey over the short and long
term;
(4) Information on management
programs for penguin conservation,
including mitigation measures related to
conservation programs, fisheries
management, and any other private,
tribal, or governmental conservation
programs which benefit these species;
and
(5) Information relevant to whether
any populations of the species may
qualify as distinct population segments.
We will base our finding on a review
of the best scientific and commercial
information available, including all
information received during the public
comment period.
cprice-sewell on PROD1PC72 with PROPOSALS
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
All comments and supporting
information will be available for public
inspection, by appointment, Monday
through Friday from 8 a.m. to 4 p.m.
(see ADDRESSES).
Background
Our standard for substantial scientific
or commercial information within the
Code of Federal Regulations (CFR) with
regard to a 90-day petition finding is
‘‘that amount of information that would
lead a reasonable person to believe that
the measure proposed in the petition
may be warranted’’ (50 CFR 424.14(b)).
If we find that substantial information
was presented, we are required to
promptly commence a review of the
status of the species.
In making this finding we relied on
information provided by the petitioner
and evaluated that information in
accordance with 50 CFR 424.14(b). Our
process of making a 90-day finding
under section 4(b)(3)(A) of the Act and
section 424.14(b) of our regulations is
limited to a determination of whether
the information in the petition meets the
‘‘substantial information’’ threshold.
On November 29, 2006, the Service
received a petition dated November 28,
2006, from the Center for Biological
Diversity to list 12 penguin species
under the Act. The 12 penguin species
range from Antarctica, Argentina,
Australian Territory Islands, Chile,
French Territory Islands, Namibia, New
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15:24 Jul 10, 2007
Jkt 211001
Zealand, Peru, South Africa, and United
Kingdom Territory Islands. The petition,
which was clearly identified as such,
contains detailed information on the
natural history, biology, status, and
distribution of each of the 12 species. It
also contains information on what the
petitioner reported as potential threats
to the species from climate change and
changes to the marine environment,
commercial fishing activities,
contaminants and pollution, guano
extraction, habitat loss, hunting,
nonnative predator species, and other
factors. The petition also discusses
existing regulatory mechanisms and the
perceived inadequacies to protect these
species.
We have determined that the petition
presents substantial scientific or
commercial information to indicate that
listing 10 species of penguins as
endangered or threatened may be
warranted: emperor penguin, southern
rockhopper penguin, northern
rockhopper penguin, fiordland crested
penguin, erect-crested penguin,
macaroni penguin, white-flippered
penguin, yellow-eyed penguin, African
penguin, and Humboldt penguin.
Therefore, we are initiating a status
review to determine if listing each of the
10 species is warranted. To ensure that
the status review is comprehensive, we
are soliciting scientific and commercial
information regarding these 10 species.
Under section 4(b)(3)(B) of the Act, we
are required to make a finding as to
whether listing each of the 10 species of
penguins is warranted, not warranted,
or warranted but precluded by pending
listing proposals by November 29, 2007.
Furthermore, we have also
determined that the petition does not
provide substantial scientific or
commercial information indicating that
listing the snares crested penguin and
the royal penguin as threatened or
endangered may be warranted at this
time.
The snares crested penguin is
endemic to Snares Island, New Zealand.
The petition states that the population
of snares crested penguin was
‘‘estimated at 23,250 breeding pairs in
1995–1986.’’ No current population data
were provided. The Department of
Conservation of New Zealand in its
Action Plan for Seabird Conservation in
New Zealand (Taylor 2000) cited by the
petitioner, ranks snares crested
penguins as a third priority species for
conservation action. In contrast, other
New Zealand endemic penguins
included in the petition are ranked
within the New Zealand Action Plan as
second priority threatened species. This
lower priority conservation status for
the snares crested penguin reflects the
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statement in the Action Plan that
‘‘possibly the population is stable or has
increased slightly since the 1960s.’’ As
quoted in the petition, the action plan
cites no human disturbance of colonies
and no records of snares crested
penguins being caught in trawl nets, as
well as the absence of introduced
mammalian predators on the Snares
Islands. Unlike some of the other
penguin species included in the
petition, competition with fisheries for
prey species has not been documented
for this species. The petitioner reports
that the greatest threat to this species is
reduced prey availability due to
changing ocean conditions; however,
specific data to support this are not
provided. Citations in the petition on
possible specific or general impacts of
climate change on penguins at various
Antarctic and sub-Antarctic latitudes do
not mention the snares crested penguin,
yet the petitioners assert the species will
be affected on the basis of inferred
similarity with other species for which
the petitioner cites such impacts. We
note that the petitioners do not include
all penguin species in the petition. This
indicates a conclusion by the petitioners
that not all penguin species are equally
under threat from the cited climate
change factors and reduces confidence
in the extrapolation of information,
whether general, or directly tied to other
specific locations or other species, to
species included in the petition for
which no specific information on these
factors is provided. On the basis of the
information provided on population
data, trends, and threats, we find that
the petitioner does not present
substantial scientific or commercial
information to indicate that listing the
snares crested penguin may be
warranted at this time.
The petitioners present information
on the distribution and abundance of
the royal penguin. The royal penguin is
endemic to Macquarie Island, Australia.
This information indicates that
population levels are stable for this
species which has recovered from heavy
exploitation for their oil in the 19th and
early 20th Centuries to a stable
population of approximately 850,000
pairs, located in 57 colonies ranging
from 60 to 160,000 pairs primarily on
Macquarie Island and a few nearby
islands. The petitioners cite a number of
general references describing possible
threats to the species. Unlike other
species included in the petition,
substantial evidence of current or recent
population declines or of large scale or
significant local impacts on this species
from the possible threat factors cited in
the petition are not presented. With
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Federal Register / Vol. 72, No. 132 / Wednesday, July 11, 2007 / Proposed Rules
cprice-sewell on PROD1PC72 with PROPOSALS
respect to the threat of nest predation by
introduced predators which is
documented as a serious threat by the
petitioner in citations for other endemic
species, the IUCN Red List of
Threatened Species citation for this
species, based on a 2005 assessment,
states for the royal penguin that ‘‘rats
take some eggs and young’’ but goes on
to state that ‘‘feral cats have now been
eliminated from Macquarie Island.’’
This suggests that conservation actions
related to removing introduced
predators prescribed in the Penguin
Conservation Assessment and
Management Plan for the royal penguin
cited by the petitioner (Ellis 1999) are
being successfully implemented. In fact,
this recommendation regarding
removing introduced predators is not
included in the 2005 update of the
IUCN Red List citation (Birdlife
International 2006). Similarly, according
to this cited source, the threat of human
disturbance is being managed; ‘‘tourists
on breeding islands are managed to
prevent disturbance.’’ Citations in the
petition on possible specific or general
impacts of climate change on penguins
at various Antarctic and sub-Antarctic
latitudes do not mention the royal
penguin, yet the petitioners assert the
species will be affected on the basis of
inferred similarity with other species for
which the petitioner cites such impacts.
We note that the petitioners do not
include all penguin species in the
petition. This indicates a conclusion by
the petitioners that not all penguin
species are equally under threat from
the cited climate change factors and
reduces confidence in the extrapolation
of information, whether general, or
directly tied to other specific locations
or other species, to species included in
the petition for which no specific
information on these factors is provided.
Because the petitioner provided no
information indicating population
declines or documenting specific threats
to the species supported by scientific
data or studies, we find that the
petitioner does not present substantial
scientific or commercial information to
indicate that listing the royal penguin as
threatened or endangered may be
warranted at this time.
Finding
We have determined that the petition
presents substantial scientific or
commercial information to indicate that
listing 10 species of penguins as
endangered or threatened may be
warranted. We find the petition does not
present substantial scientific or
commercial information to indicate that
listing the snares crested penguin and
the royal penguin as threatened or
VerDate Aug<31>2005
15:24 Jul 10, 2007
Jkt 211001
endangered may be warranted at this
time.
References Cited
Birdlife International (Birdlife). 2006. In
IUCN 2006. 2006 IUCN Red List of
Threatened Species. Available at: https://
www.iucnredlist.org.
del Hoyo, J., A. Elliott, and J. Sargatal
(Eds.). 2002. Handbook of the Birds of the
World. Vol. 1. Lynx Edicions, Barcelona.
Ellis, S. 1999. The Penguin Conservation
Assessment and Management Plan: a
Description of the Process. Marine
Ornithology 27:163–169.
Author
The primary author of this notice is
Pat Ford, Division of Scientific
Authority, U.S. Fish and Wildlife
Service.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: July 3, 2007.
H. Dale Hall,
Director, Fish and Wildlife Service.
[FR Doc. 07–3355 Filed 7–6–07; 11:47 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[I.D. 021607C]
Endangered and Threatened Species;
Proposed Endangered Status for the
Cook Inlet Beluga Whale; Public
Hearing
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public hearing.
AGENCY:
SUMMARY: On April 20, 2007, NMFS
proposed the listing of the Cook Inlet
beluga whale as an endangered species
under the Endangered Species Act of
1973 (ESA), as amended. As part of that
proposal, NMFS announced a public
comment period to end on June 19,
2007, and then extended the comment
period to August 3, 2007. NMFS has
received requests for public hearings on
this issue. In response, NMFS
announced two public hearings to be
held in Alaska and one public hearing
to be held in Maryland in two previous
Federal Register notices. In addition,
NMFS is announcing a separate hearing
in this notice that will be held in
PO 00000
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Fmt 4702
Sfmt 4702
37697
Soldotna, Alaska, in order to provide
greater opportunity for public comment.
DATES: The hearing will be held on July
27, 2007, from 6 to 9 p.m. in Soldotna,
AK. Written comments must be received
by August 3, 2007.
ADDRESSES: The July 27, 2007, hearing
will be held at the Kenai Peninsula
Borough Assembly chambers, 144 North
Binkley Street, Soldotna, AK.
Written comments can be sent to Kaja
Brix, Assistant Regional Administrator,
Protected Resources Division, Alaska
Region, NMFS, Attn: Ellen Sebastian.
Comments may be submitted by:
• E-mail: CIB-ESAEndangered@noaa.gov. Include in the
subject line the following document
identifier: Cook Inlet Beluga Whale PR.
E-mail comments, with or without
attachments, are limited to 5 megabytes.
• Webform at the Federal
eRulemaking Portal:
www.regulations.gov. Follow the
instructions at that site for submitting
comments.
• Mail: P. O Box 21668, Juneau, AK
99802.
• Hand delivery to the Federal
Building: 709 W. 9th Street, Juneau, AK.
• Fax: (907) 586–7557.
FOR FURTHER INFORMATION CONTACT: Brad
Smith, NMFS, 222 West 7th Avenue,
Anchorage, AK 99517, telephone (907)
271–5006; Kaja Brix, NMFS, (907) 586–
7235; or Marta Nammack, NMFS, (301)
713–1401.
SUPPLEMENTARY INFORMATION:
Background
On April 20, 2007, NMFS published
a proposed rule to list the Cook Inlet
beluga whale as an endangered species
under the Endangered Species Act of
1973 (ESA), as amended (72 FR 19854).
This action followed completion of the
Cook Inlet beluga whale status review,
which found this population to be at
risk of extinction within the next 100
years and described NMFS=
determination that this population
constitutes a ‘‘species’’, or distinct
population segment under the ESA.
Following the publication of the
proposed rule to list the Cook Inlet
beluga whale as endangered, NMFS
received requests to schedule public
hearings on this issue. In response to
these requests, NMFS published two
separate notices in the Federal Register
announcing public hearings in Alaska
(72 FR 32605; June 13, 2007) and
Maryland (72 FR 34661; June 25, 2007).
Following these announcements, NMFS
received an additional request for a
public hearing to be held in Soldotna,
AK. NMFS has decided to honor the
request in order to provide additional
opportunities for public comment.
E:\FR\FM\11JYP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Proposed Rules]
[Pages 37695-37697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3355]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife and Plants; 90-Day Finding on
a Petition to List 12 Penguin Species as Threatened or Endangered under
the Endangered Species Act
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of 90-day petition finding and initiation of status
review.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce a
90-day finding on a petition to list 12 penguin species: emperor
penguin (Aptenodytes forsteri), southern rockhopper penguin (Eudyptes
chrysocome), northern rockhopper penguin (Eudyptes moseleyi (E.
chrysocome moseleyi)), fiordland crested penguin (Eudyptes
pachyrhynchus), snares crested penguin (Eudyptes robustus), erect-
crested penguin (Eudyptes sclateri), macaroni penguin (Eudyptes
chrysolophus), royal penguin (Eudyptes schlegeli), white-flippered
penguin (Eudyptula albosignata (E. minor albosignata)), yellow-eyed
penguin (Megadyptes antipodes), African penguin (Spheniscus demersus),
and Humboldt penguin (Spheniscus humboldti) as threatened or endangered
under the Endangered Species Act of 1973, as amended (Act). We find
that the petition presents substantial scientific or commercial
information indicating that listing 10 species of penguins may be
warranted. We, therefore, are initiating a status review of 10 species
of penguins to determine if listing under the Act is warranted. To
ensure that the status review is comprehensive, we are soliciting
scientific and commercial information regarding these species. We find
the petition does not provide substantial scientific or commercial
information indicating that listing of two species may be warranted:
snares crested penguin and royal penguin. Therefore, we will not be
initiating a status review for these two species in response to this
petition. However, we ask the public to submit to us any new
information that becomes available concerning the status of these two
species or threats to them or their habitat at any time.
DATES: We must receive your comments on or before September 10, 2007.
ADDRESSES: Submit any comments, information, and questions by any one
of the following methods: By mail to the Special Assistant to the
Deputy Assistant Director, International Affairs, U.S. Fish and
Wildlife Service, 4401 N. Fairfax Drive, Room 760, Arlington, VA 22203;
by fax to 703-358-2276; by e-mail to DSApenguins@fws.gov; or through
the Federal eRulemaking Portal at www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Peter O. Thomas at the above
address, or by telephone, 703-358-1708; or e-mail, DSApenguins@fws.gov.
SUPPLEMENTARY INFORMATION: If you submit information or comments,
please include ``Attn: Penguins'' in the beginning of your message.
Electronic attachments in standard formats (such as .pdf or .doc) are
acceptable, but please name the software necessary to open any
attachments in formats other than those given above. Also, please
include your name and return address in your e-mail message. If you do
not receive a confirmation from the system that we have received your
e-mail message, please submit your comments in writing using one of the
alternate methods described above.
Public Comments Solicited
We intend that any final action resulting from this status review
will be as accurate and as effective as possible. Therefore, we solicit
comments or suggestions from the public, concerned governmental
agencies, the scientific community, industry, or any other interested
party. We are opening a 60-day public comment period to allow all
interested parties an opportunity to provide information on the
statuses of 10 species of penguins: emperor penguin (Aptenodytes
forsteri), southern rockhopper penguin (Eudyptes chrysocome), northern
rockhopper penguin (Eudyptes moseleyi (E. chrysocome moseleyi)),
fiordland crested penguin (Eudyptes pachyrhynchus), erect-crested
penguin (Eudyptes sclateri), macaroni penguin (Eudyptes chrysolophus),
white-flippered penguin (Eudyptula albosignata (E. minor albosignata)),
yellow-eyed penguin (Megadyptes antipodes), African penguin (Spheniscus
demersus), and Humboldt penguin (Spheniscus humboldti) throughout their
range, including:
(1) Information on taxonomy, distribution, habitat selection and
trends (especially breeding and foraging habitats), diet, and
population abundance and trends (especially current recruitment data)
on these species;
(2) Information on the effects of climate change and changing ocean
or land or sea ice conditions on the distribution and abundance of
these species and their principal prey species over the short and long
term (especially information on known prey substitutions, and what
their effects would be on these species);
(3) Information on the effects of other potential threat factors,
including commercial fishing activities, contaminants, habitat loss,
harvest, predation by other animals, and diseases of these species or
their
[[Page 37696]]
principal prey over the short and long term;
(4) Information on management programs for penguin conservation,
including mitigation measures related to conservation programs,
fisheries management, and any other private, tribal, or governmental
conservation programs which benefit these species; and
(5) Information relevant to whether any populations of the species
may qualify as distinct population segments.
We will base our finding on a review of the best scientific and
commercial information available, including all information received
during the public comment period.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
All comments and supporting information will be available for
public inspection, by appointment, Monday through Friday from 8 a.m. to
4 p.m. (see ADDRESSES).
Background
Our standard for substantial scientific or commercial information
within the Code of Federal Regulations (CFR) with regard to a 90-day
petition finding is ``that amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted'' (50 CFR 424.14(b)). If we find that substantial
information was presented, we are required to promptly commence a
review of the status of the species.
In making this finding we relied on information provided by the
petitioner and evaluated that information in accordance with 50 CFR
424.14(b). Our process of making a 90-day finding under section
4(b)(3)(A) of the Act and section 424.14(b) of our regulations is
limited to a determination of whether the information in the petition
meets the ``substantial information'' threshold.
On November 29, 2006, the Service received a petition dated
November 28, 2006, from the Center for Biological Diversity to list 12
penguin species under the Act. The 12 penguin species range from
Antarctica, Argentina, Australian Territory Islands, Chile, French
Territory Islands, Namibia, New Zealand, Peru, South Africa, and United
Kingdom Territory Islands. The petition, which was clearly identified
as such, contains detailed information on the natural history, biology,
status, and distribution of each of the 12 species. It also contains
information on what the petitioner reported as potential threats to the
species from climate change and changes to the marine environment,
commercial fishing activities, contaminants and pollution, guano
extraction, habitat loss, hunting, nonnative predator species, and
other factors. The petition also discusses existing regulatory
mechanisms and the perceived inadequacies to protect these species.
We have determined that the petition presents substantial
scientific or commercial information to indicate that listing 10
species of penguins as endangered or threatened may be warranted:
emperor penguin, southern rockhopper penguin, northern rockhopper
penguin, fiordland crested penguin, erect-crested penguin, macaroni
penguin, white-flippered penguin, yellow-eyed penguin, African penguin,
and Humboldt penguin. Therefore, we are initiating a status review to
determine if listing each of the 10 species is warranted. To ensure
that the status review is comprehensive, we are soliciting scientific
and commercial information regarding these 10 species. Under section
4(b)(3)(B) of the Act, we are required to make a finding as to whether
listing each of the 10 species of penguins is warranted, not warranted,
or warranted but precluded by pending listing proposals by November 29,
2007.
Furthermore, we have also determined that the petition does not
provide substantial scientific or commercial information indicating
that listing the snares crested penguin and the royal penguin as
threatened or endangered may be warranted at this time.
The snares crested penguin is endemic to Snares Island, New
Zealand. The petition states that the population of snares crested
penguin was ``estimated at 23,250 breeding pairs in 1995-1986.'' No
current population data were provided. The Department of Conservation
of New Zealand in its Action Plan for Seabird Conservation in New
Zealand (Taylor 2000) cited by the petitioner, ranks snares crested
penguins as a third priority species for conservation action. In
contrast, other New Zealand endemic penguins included in the petition
are ranked within the New Zealand Action Plan as second priority
threatened species. This lower priority conservation status for the
snares crested penguin reflects the statement in the Action Plan that
``possibly the population is stable or has increased slightly since the
1960s.'' As quoted in the petition, the action plan cites no human
disturbance of colonies and no records of snares crested penguins being
caught in trawl nets, as well as the absence of introduced mammalian
predators on the Snares Islands. Unlike some of the other penguin
species included in the petition, competition with fisheries for prey
species has not been documented for this species. The petitioner
reports that the greatest threat to this species is reduced prey
availability due to changing ocean conditions; however, specific data
to support this are not provided. Citations in the petition on possible
specific or general impacts of climate change on penguins at various
Antarctic and sub-Antarctic latitudes do not mention the snares crested
penguin, yet the petitioners assert the species will be affected on the
basis of inferred similarity with other species for which the
petitioner cites such impacts. We note that the petitioners do not
include all penguin species in the petition. This indicates a
conclusion by the petitioners that not all penguin species are equally
under threat from the cited climate change factors and reduces
confidence in the extrapolation of information, whether general, or
directly tied to other specific locations or other species, to species
included in the petition for which no specific information on these
factors is provided. On the basis of the information provided on
population data, trends, and threats, we find that the petitioner does
not present substantial scientific or commercial information to
indicate that listing the snares crested penguin may be warranted at
this time.
The petitioners present information on the distribution and
abundance of the royal penguin. The royal penguin is endemic to
Macquarie Island, Australia. This information indicates that population
levels are stable for this species which has recovered from heavy
exploitation for their oil in the 19th and early 20th Centuries to a
stable population of approximately 850,000 pairs, located in 57
colonies ranging from 60 to 160,000 pairs primarily on Macquarie Island
and a few nearby islands. The petitioners cite a number of general
references describing possible threats to the species. Unlike other
species included in the petition, substantial evidence of current or
recent population declines or of large scale or significant local
impacts on this species from the possible threat factors cited in the
petition are not presented. With
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respect to the threat of nest predation by introduced predators which
is documented as a serious threat by the petitioner in citations for
other endemic species, the IUCN Red List of Threatened Species citation
for this species, based on a 2005 assessment, states for the royal
penguin that ``rats take some eggs and young'' but goes on to state
that ``feral cats have now been eliminated from Macquarie Island.''
This suggests that conservation actions related to removing introduced
predators prescribed in the Penguin Conservation Assessment and
Management Plan for the royal penguin cited by the petitioner (Ellis
1999) are being successfully implemented. In fact, this recommendation
regarding removing introduced predators is not included in the 2005
update of the IUCN Red List citation (Birdlife International 2006).
Similarly, according to this cited source, the threat of human
disturbance is being managed; ``tourists on breeding islands are
managed to prevent disturbance.'' Citations in the petition on possible
specific or general impacts of climate change on penguins at various
Antarctic and sub-Antarctic latitudes do not mention the royal penguin,
yet the petitioners assert the species will be affected on the basis of
inferred similarity with other species for which the petitioner cites
such impacts. We note that the petitioners do not include all penguin
species in the petition. This indicates a conclusion by the petitioners
that not all penguin species are equally under threat from the cited
climate change factors and reduces confidence in the extrapolation of
information, whether general, or directly tied to other specific
locations or other species, to species included in the petition for
which no specific information on these factors is provided. Because the
petitioner provided no information indicating population declines or
documenting specific threats to the species supported by scientific
data or studies, we find that the petitioner does not present
substantial scientific or commercial information to indicate that
listing the royal penguin as threatened or endangered may be warranted
at this time.
Finding
We have determined that the petition presents substantial
scientific or commercial information to indicate that listing 10
species of penguins as endangered or threatened may be warranted. We
find the petition does not present substantial scientific or commercial
information to indicate that listing the snares crested penguin and the
royal penguin as threatened or endangered may be warranted at this
time.
References Cited
Birdlife International (Birdlife). 2006. In IUCN 2006. 2006 IUCN
Red List of Threatened Species. Available at: https://
www.iucnredlist.org.
del Hoyo, J., A. Elliott, and J. Sargatal (Eds.). 2002. Handbook
of the Birds of the World. Vol. 1. Lynx Edicions, Barcelona.
Ellis, S. 1999. The Penguin Conservation Assessment and
Management Plan: a Description of the Process. Marine Ornithology
27:163-169.
Author
The primary author of this notice is Pat Ford, Division of
Scientific Authority, U.S. Fish and Wildlife Service.
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: July 3, 2007.
H. Dale Hall,
Director, Fish and Wildlife Service.
[FR Doc. 07-3355 Filed 7-6-07; 11:47 am]
BILLING CODE 4310-55-P
