Listing Endangered and Threatened Wildlife and Designating Critical Habitat; 90-day Finding for a Petition to Reclassify the Loggerhead Turtle in the Western North Atlantic Ocean, 11849-11851 [E8-4231]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Proposed Rules]
[Pages 11849-11851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-4231]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 080110038-8248-01]
RIN 0648-XF03


Listing Endangered and Threatened Wildlife and Designating 
Critical Habitat; 90-day Finding for a Petition to Reclassify the 
Loggerhead Turtle in the Western North Atlantic Ocean

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

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

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SUMMARY: We, NMFS, announce the 90-day finding for a petition to 
reclassify loggerhead turtles (Caretta caretta) in the western North 
Atlantic 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 have initiated 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 solicit 
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 May 5, 2008.

ADDRESSES: You may submit comments, identified by ``0648-XF03'', by any 
one of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: https://
www.regulations.gov.
     Fax: 978-281-9394, Attention: Barbara Schroeder
     Mail: Information on paper, disk, or CD-ROM should be 
addressed to the Director of the Office of Protected Resources, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://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.

FOR FURTHER INFORMATION CONTACT: Barbara Schroeder by phone 301-713-
2322, fax 301-427-2522, or e-mail barbara.schroeder@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 the 
petitioned action is warranted must be made within 1 year of the 
receipt of the petition.

Analysis of Petition

    On November 16, 2007, we received a petition from Oceana and the 
Center for Biological Diversity requesting that loggerhead turtles in 
the western North Atlantic Ocean be reclassified as a DPS (see Petition 
Finding section below for discussion on Distinct Population

[[Page 11850]]

Segments) with endangered status and that critical habitat be 
designated.
    The petition contains a detailed description of the species' 
natural 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 western North Atlantic Ocean. The petitioners assert that the 
western North Atlantic 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 western North Atlantic loggerhead population is both biologically 
and ecologically significant relative to the species. The petitioners 
maintain that the western North Atlantic loggerhead nesting population 
has undergone a marked decline in recent decades, and cite coastal 
development, bycatch in fisheries, marine pollution, and global warming 
as primary threats to the population. The petitioners provide 
information on the western North Atlantic loggerhead relative to the 
ESA section 4(a)(1) factors and assert that the western North Atlantic 
loggerhead population warrants an endangered listing.
    Finally, the petitioners request that, if the western North 
Atlantic loggerhead is not determined to meet the DPS criteria, 
loggerheads throughout the Atlantic 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 western North Atlantic Ocean as a DPS and listing of 
that DPS as endangered 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 
(the Services) published a joint policy defining the phrase ``distinct 
population segment'' on February 7, 1996 (61 FR 4722). Two elements are 
considered in a decision on whether a population segment qualifies as a 
DPS under the ESA: discreteness of the population segment in relation 
to the remainder of the species and significance of the population 
segment to the species. If a population segment qualifies as a DPS, the 
conservation status of that DPS is evaluated to determine whether it is 
threatened or endangered. Under section 4(b)(3) of the ESA, an 
affirmative 90-day finding requires that we commence a status review on 
the loggerhead turtle. The Services recently completed a 5-year review 
of the loggerhead turtle, as required under section 4(c)(2) of the ESA 
(NMFS and U.S. Fish and Wildlife Service, 2007). This review 
recommended that a full status review of the loggerhead be conducted in 
accordance with the DPS policy. We have initiated this review, and, 
once it has been completed, we will make a finding on whether 
reclassification of the loggerhead in the western North Atlantic Ocean 
as endangered 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 globally 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 by the Secretary 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 or the Secretary of the Interior, as appropriate, 
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 any of the following factors: (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 solicit information and comments on whether 
loggerhead turtles in the western North Atlantic Ocean, or any other 
area, qualify as a DPS and, if so, whether it should be classified as 
threatened or endangered. Specifically, we are soliciting information 
in the following areas relative to loggerheads in the western North 
Atlantic 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 also request information on areas within U.S. jurisdiction that 
may qualify as critical habitat for loggerhead turtles, both in the 
western North Atlantic Ocean and elsewhere within the species' range. 
Areas that include the physical and biological features essential to 
the conservation of the species that may require special management 
considerations or protection 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).
    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 should 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).

Peer Review

    For listings, delistings, and reclassifications under the ESA, the 
Services issued a joint policy for peer review of the scientific data 
(59 FR 34270, July 1, 1994). On January 14,

[[Page 11851]]

2005, the Office of Management and Budget (OMB) published its Final 
Information Quality Bulletin for Peer Review (70 FR 2664). The intent 
of the peer review policy and the OMB Information Quality Bulletin for 
Peer Review 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, 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: February 28, 2008.
Samuel D. Rauch, III,
Deputy Assistant Secretary for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E8-4231 Filed 3-4-08; 8:45 am]
BILLING CODE 3510-22-S