Endangered and Threatened Species; Notice of Finding on a Petition to List the Lynn Canal Stock of Pacific Herring as a Threatened or Endangered Species, 51619-51621 [E7-17779]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 174 (Monday, September 10, 2007)]
[Notices]
[Pages 51619-51621]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17779]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 070727423-7424-01]
RIN 0648-XB75


Endangered and Threatened Species; Notice of Finding on a 
Petition to List the Lynn Canal Stock of Pacific Herring as a 
Threatened or Endangered Species

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

ACTION: Notice of petition finding; request for information; and 
initiation of status review.

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SUMMARY: On April 2, 2007, we, NMFS, received a petition to list the 
Lynn Canal (Alaska) stock of Pacific herring, Clupea pallasi, as a 
threatened or endangered species under the Endangered Species Act 
(ESA). After review, we find that the petition presents substantial 
scientific and commercial information indicating that the petitioned 
action may be warranted.
    We are initiating a review of the status of the Lynn Canal 
population of Pacific herring, and we request data, information, and 
comment on the subject action. Specifically, we are soliciting 
information regarding population structure and stock delineations of 
Pacific herring in Southeast Alaska, the Gulf of Alaska, and the North 
Pacific Ocean; population trends and ecology of Pacific herring in Lynn 
Canal and Southeast Alaska waters; habitat requirements and current 
habitat conditions; known and anticipated threats to the viability of 
the population; and efforts being made to protect the species.

DATES: Information and comments should be submitted to NMFS by December 
10, 2007.

ADDRESSES: Data, information, or comments may be submitted to Kaja 
Brix, Assistant Regional Administrator, Protected Resources Division, 
Alaska Region, NMFS, Attn: Ellen Sebastian.
    Information may be submitted by any of the following methods:
     Mail: P.O. Box 21668, Juneau, AK 99802;
     Hand delivery to the Federal Building: 709 West 9th 
Street, Juneau, AK, 99802;
     Fax: (907) 586-7557;
     E-mail: LCHERRING@noaa.gov. Include in the subject line of 
the e-mail the following identifier: Lynn Canal Herring. E-mail 
comments, with or

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without attachments, are limited to five megabytes.
    Interested persons may obtain a copy of the petition from the above 
address or online from the NMFS Alaska Region website: https://
www.fakr.noaa.gov/protectedresources.

FOR FURTHER INFORMATION CONTACT: Erika Phillips, NMFS Alaska Region, 
telephone (907) 586-7312, Kaja Brix, NMFS Alaska Region, (907)586-7235, 
or Marta Nammack, NMFS, Office of Protected Resources, (301) 713-1401.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act of 1973, as 
amended (16 U.S.C. 1531 et seq.) requires that we determine whether or 
not a petition to list a species presents substantial scientific and 
commercial information to demonstrate 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 
of Commerce (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 
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.
    On April 2, 2007, we received a petition to designate the Lynn 
Canal Stock of Pacific herring (Clupea pallasi) as a Distinct 
Population Segment (DPS) and to list the DPS as threatened or 
endangered under the ESA. The petition was submitted by the Juneau 
Group of the Sierra Club, Juneau, Alaska. The Petitioner also requested 
that critical habitat be designated for Lynn Canal Pacific herring 
concurrent with listing under the ESA. The petitioner may provide 
information that describes any recommended critical habitats to 
boundaries and physical features, and indicates any benefits and/or 
adverse effects on the species that would result from such designation. 
Such information, however, will not be the basis for the determination 
of the substantiality of the petition (50 CFR 424.14(b)(2)(iv)).
    We have reviewed the petition, the literature cited in the 
petition, and other literature and information available in our files. 
On the basis of that 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. Our finding is based in part on: (1) documented 
population trends, which indicate an 85 percent decline in estimated 
biomass since the 1970s; (2) evidence that the Lynn Canal population 
has remained depressed for more than 2 decades, failing to show signs 
of rebound despite closure of the commercial fishery from 1982 to 
present; (3) documented losses of spawning habitat and abandonment of 
degraded spawning grounds at the southern end of the historic spawning 
range for the stock, such that spawning activity is compressed to the 
area in and around Berners Bay, Alaska; and (4) proposed development 
activities in Lynn Canal, including Berners Bay, that threaten to 
further modify or curtail the population's habitat and spawning range. 
Specifically, our analysis of available data on Lynn Canal herring from 
1971 through 2002 indicates that spawning biomass declined from an 
average of 4866 tons for the period from1972 through1980 to an average 
of 692 tons of spawning biomass for the period from 1990 through 2002. 
This suggests that Lynn Canal spawning biomass has declined 
approximately 85 percent since the 1970s. These biomass estimates are 
based on measurements of shoreline miles of spawn, which have declined 
from an average of 12 nautical miles from 1953 through 1981 down to an 
average of 3.5 nautical miles from 1982 through 2003.

Stock Structure and Distinct Population Segments for Pacific Herring

    The petitioner provided references that demonstrate that natural 
stock structure exists for Pacific herring in the Gulf of Alaska and 
the northern Pacific Ocean. The petitioner also noted that life history 
differences (e.g., spawning timing, seasonal migration patterns, 
length-at-age and growth rates), morphological distinctions, and 
geographic isolation may contribute to population discreteness. Pacific 
herring stocks in Southeast Alaska have not been examined in detail for 
population discreteness, but several studies conducted in the North 
Pacific may help shed light on whether DPSs are present in Southeast 
Alaska.

2001 Status Review of Pacific Herring

    In 2001, we completed a status review of Pacific herring in 
response to a petition to list 18 species of marine fishes in Puget 
Sound, including Pacific herring. Through that process, the Biological 
Review Team (BRT) reviewed Pacific herring life history, genetics data, 
information on larval distribution and transport, tagging studies and 
other information on herring stocks throughout the eastern North 
Pacific. The BRT concluded that the Pacific herring stocks in Puget 
Sound do not constitute a DPS as defined under the ESA, but instead are 
part of a larger, regional Georgia Basin DPS. The Georgia Basin DPS 
extends from the southern end of Puget Sound to the northern end of the 
Strait of Georgia and the north end of Vancouver Island and includes 
the Strait of Juan de Fuca. The BRT did not analyze or describe 
additional DPS structure beyond the Georgia Basin region.

2005 Status Review of the Cherry Point Stock of Pacific Herring

    In 2005, we completed a status review for the Cherry Point stock of 
Pacific herring in response to a petition to list the stock as a 
threatened or endangered DPS under the ESA. The BRT based its DPS 
analysis on the findings of the 2001 Pacific herring status review and 
new information, including new genetics data. Through the 2005 status 
review process, the BRT determined that the Cherry Point stock is not a 
separate DPS, but instead is part of the larger Georgia Basin Pacific 
herring DPS. Although some of the life history and genetics data 
analyzed by the BRT included information on Pacific herring stocks in 
Southeast Alaska, the team did not

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describe additional DPS structure beyond the Georgia Basin region.

Status Review for Lynn Canal Pacific Herring

    Subsequent to publishing this finding, we will commence a status 
review to determine whether the petitioned action is warranted. To 
ensure that the review is complete and is based on the best available 
scientific and commercial data, we request any available information 
regarding the taxonomy and status of the Lynn Canal stock of Pacific 
herring, its habitat, biology, movements and distribution, stock 
structure and age composition, threats to the species, or other 
pertinent information.

Authority

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

    Dated: September 4, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-17779 Filed 9-7-07; 8:45 am]
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