Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 90-day Finding for a Petition to Reclassify the Loggerhead Turtle in the North Pacific Ocean as a Distinct Population Segment with Endangered Status and to Designate Critical Habitat, 64585-64587 [07-5710]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Notices]
[Pages 64585-64587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5710]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 071017603-7604-01]
RIN 0648-XD12


Listing Endangered and Threatened Wildlife and Designating 
Critical Habitat; 90-day Finding for a Petition to Reclassify the 
Loggerhead Turtle in the North Pacific Ocean as a Distinct Population 
Segment with Endangered Status and to Designate Critical Habitat

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

ACTION:  Notice of petition finding; request for information and 
comments.

-----------------------------------------------------------------------

SUMMARY:  The National Marine Fisheries Service (NMFS), National 
Oceanic and Atmospheric Administration (NOAA), Department of Commerce, 
announces the 90-day finding for a petition to reclassify loggerhead 
turtles (Caretta caretta) in the North Pacific Ocean as a Distinct 
Population Segment (DPS) with endangered status and designate critical 
habitat under the Endangered Species Act of 1973, as amended (ESA). The 
loggerhead is currently listed as threatened throughout its range. We 
find that the petition presents substantial scientific information 
indicating that the petitioned action may be warranted.
    We are initiating a review of the status of the species to 
determine whether the petitioned action is warranted and to determine 
whether any additional changes to the current listing of the loggerhead 
turtle are warranted. To ensure a comprehensive review, we are 
soliciting information and comments pertaining to this species from any 
interested party.

DATES: Written comments and information related to this petition 
finding must be received [see ADDRESSES] by January 15, 2008.

ADDRESSES: Written comments and information should be addressed to the 
Chief, Marine Mammal and Sea Turtle Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910. Comments may also be sent via fax to 301-427-2522, or by e-mail 
to: northpacific.loggerhead@noaa.gov. The petition is available for 
download and review at https://www.nmfs.noaa.gov/pr/pdfs/fr/petition_
north_pacific_logger head.pdf
Comments received will be available for public inspection, by 
appointment, during normal business hours by calling 301-713-2322.

FOR FURTHER INFORMATION CONTACT: Barbara Schroeder by phone 301-713-
2322, fax 301-427-2522, or e-mail barbara.schroeder@noaa.gov; Christina 
Fahy by phone 562-980-4023, fax 562-980-4027, or e-mail 
christina.fahy@noaa.gov).

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires us 
to make a finding as to whether a petition to list, delist, or 
reclassify a species presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted. Our 
implementing regulations (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 determining whether substantial information exists, we 
take into account several factors, including information submitted 
with, and referenced in, the petition and all other information readily 
available in our files. To the maximum extent practicable, this finding 
is to be made within 90 days of the receipt of the petition, and the 
finding is to be published promptly in the Federal Register. If we find 
that a petition presents substantial information indicating that the 
requested action may be warranted, we are also required to conduct a 
status review of the species. The determination of whether or not the 
petitioned action is warranted must be made within one year of the 
receipt of the petition.

Analysis of Petition

    On July 16, 2007, we received a petition from the Center for 
Biological Diversity and the Turtle Island Restoration Network 
requesting that loggerhead turtles in the North Pacific Ocean be 
reclassified as a DPS (see Petition Finding for discussion on Distinct 
Population Segments) with endangered status and that critical habitat 
be designated.
    The petition contains a detailed description of the species' 
natural

[[Page 64586]]

history and status, including information on distribution and 
movements, population structure, behavior, population status and 
trends, and factors contributing to the current status of the species 
in the North Pacific Ocean. The petitioners assert that the North 
Pacific loggerhead is discrete from loggerhead populations found 
elsewhere due to physical, genetic, physiological, ecological, and 
behavioral factors, and they provide information they believe supports 
this assertion. The petitioners further assert that the North Pacific 
loggerhead population is both biologically and ecologically significant 
relative to the species. The petitioners maintain that the North 
Pacific loggerhead nesting population has undergone a marked decline in 
recent decades, and cite coastal development, bycatch in fisheries, 
marine pollution, illegal take, and global warming as primary threats 
to the population. The petitioners provide information on the North 
Pacific loggerhead relative to the ESA section 4(a)(1) factors and 
assert that the North Pacific loggerhead population warrants an 
endangered listing.
    Finally, the petitioners request that if the North Pacific 
loggerhead is not determined to meet the DPS criteria, that loggerheads 
throughout the Pacific Ocean be designated as a DPS and listed as 
endangered.

Petition Finding

    Based on the above information and criteria specified in 50 CFR 
424.14(b)(2), we find the petitioners present substantial scientific 
and commercial information indicating that a reclassification of the 
loggerhead in the North Pacific Ocean as a DPS and listing of that DPS 
with endangered status may be warranted. The ESA defines a ``species'' 
as ``...any subspecies of fish or wildlife or plants and any distinct 
population segment of any species of vertebrate fish or wildlife which 
interbreeds when mature.'' NMFS and the U.S. Fish and Wildlife Service 
(USFWS) published a joint policy defining the phrase ``distinct 
population segment'' on February 7, 1996 (61 FR 4722). Three elements 
are considered in a decision regarding the listing, delisting, or 
reclassification of a DPS as endangered or threatened under the ESA: 
discreteness of the population segment in relation to the remainder of 
the species, significance of the population segment to the species, and 
conservation status. Under section 4(b)(3) of the ESA, an affirmative 
90-day finding requires that we commence a status review on the 
loggerhead turtle. NMFS and the USFWS recently completed a 5-year 
review of the loggerhead turtle, as required under Section 4(c)(2) of 
the Endangered Species Act of 1973, as amended (NMFS and USFWS 2007). 
This review recommended that a full status review of the loggerhead be 
conducted in accordance with the DPS policy. We are initiating this 
review and, once it has been completed, a finding will be made as to 
whether reclassification of the loggerhead in the North Pacific Ocean, 
with endangered status, is warranted, warranted but precluded by higher 
priority listing actions, or not warranted, as required by section 
4(b)(3)(B) of the ESA. The review will also consider whether any 
additional changes to the current threatened listing for the loggerhead 
are warranted.
    There is no critical habitat designated for the loggerhead turtle. 
The ESA currently requires us to make a critical habitat determination 
concurrent with listing determinations. The ESA defines ``critical 
habitat'' as
    ``...the specific areas within the geographical area occupied by 
the species, at the time it is listed... on which are found those 
physical or biological features (I) essential to the conservation of 
the species and (II) which may require special management 
considerations or protection; and...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.''

Section 4(a)(1) Factors and Basis for Determination

    Under section 4(a)(1) of the ESA and the implementing regulations 
at 50 CFR 424.11(c), a species shall be reclassified, if the Secretary 
of Commerce determines, based on the best scientific and commercial 
data available after conducting a review of the species' status, that 
the species is threatened or endangered because of one or a combination 
of the following: (1) present or threatened destruction, modification, 
or curtailment of its habitat or range; (2) overutilization for 
commercial, recreational, scientific, or educational purposes; (3) 
disease or predation; (4) inadequacy of existing regulatory mechanisms; 
or (5) other natural or manmade factors affecting its continued 
existence.

Information Solicited

    To ensure that the status review is complete and based on the best 
available data, we are soliciting information and comments on whether 
loggerhead turtles in the North Pacific Ocean, or any other area, 
qualify as a DPS and, if so, whether it should be classified as 
threatened or endangered based on the above ESA section 4(a)(1) 
factors. Specifically, we are soliciting information in the following 
areas relative to loggerheads in the North Pacific and elsewhere: (1) 
historical and current population status and trends; (2) historical and 
current distribution; (3) migratory movements and behavior; (4) genetic 
population structure; (5) current or planned activities that may 
adversely impact loggerheads; and (6) ongoing efforts to protect 
loggerheads. We request that all data, information, and comments be 
accompanied by supporting documentation such as maps, bibliographic 
references, or reprints of pertinent publications.
    All submissions must contain the submitter's name, address, and any 
association, institution, or business that the person represents. 
Comments and materials received will be available for public 
inspection, by appointment, during normal business hours at the above 
address (see ADDRESSES).

Critical Habitat

    We are also requesting information on areas within U.S. 
jurisdiction that may qualify as critical habitat for loggerhead 
turtles, both in the North Pacific Ocean and elsewhere within the 
species' range. Areas that include the physical and biological features 
essential to the conservation of the species should be identified. 
Areas outside the present range should also be identified if such areas 
are essential to the conservation of the species. Essential features 
include, but are not limited to: (1) space for individual growth and 
for normal behavior; (2) food, water, air, light, minerals, or other 
nutritional or physiological requirements; (3) cover or shelter; (4) 
sites for reproduction and development of offspring; and (5) habitats 
that are protected from disturbance or are representative of the 
historical, geographical and ecological distributions of the species 
(50 CFR 424.12).

Peer Review

    For listings, delistings, and reclassifications under the ESA, NMFS 
and USFWS have a joint policy for peer review of the scientific data 
(59 FR 34270, July 1, 1994). The intent of the peer review policy is to 
ensure that listings are based on the best scientific and commercial 
data available. We are soliciting the names of recognized experts in 
the field that could serve as peer reviewers for the loggerhead status 
review. Independent peer reviewers will be selected from the academic 
and scientific community, applicable tribal and other Native American 
groups,

[[Page 64587]]

Federal and state agencies, the private sector, and public interest 
groups.

References Cited

    National Marine Fisheries Service and U.S. Fish and Wildlife 
Service. 2007. Loggerhead sea turtles (Caretta caretta) 5-year review: 
summary and evaluation. 65 pp.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: November 9, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 07-5710 Filed 11-13-07; 1:20 pm]
BILLING CODE 3510-22-S