Endangered and Threatened Wildlife; Notice of 90-Day Finding on a Petition to List the Three Ice Seal Species as a Threatened or Endangered Species, 51615-51617 [E8-20544]

Download as PDF Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Proposed Rules ebenthall on PRODPC60 with PROPOSALS Chapter 62–256 Open Burning and Frost Protection Fires 62–256.200 Definitions (Effective 7/6/05) 62–256.300 Prohibitions (Effective 7/6/05) 62–256.700 Open Burning Allowed (Effective 7/6/05) Chapter 62–296 Stationary Sources— Emission Standards 62–296.100 Purpose and Scope (Effective 3/ 13/96) 62–296.320 General Pollutant Emission Limiting Standards (Effective 3/13/96) 62–296.340 Best Available Retrofit Technology (Effective 1/31/07) 62–296.341 Regional Haze—Reasonable Progress Control Technology (Effective 2/7/08) 62–296.401 Incinerators (Effective 1/10/07) 62–296.402 Sulfuric Acid Plants (Effective 3/13/96) 62–296.403 Phosphate Processing (Effective 3/13/96) 62–296.404 Kraft (Sulfate) Pulp Mills and Tall Oil Plants (Effective 3/13/96) 62–296.405 Fossil Fuel Steam Generators With More Than 250 Million Btu Per Hour Heat Input (Effective 3/2/99) 62–296.406 Fossil Fuel Steam Generators With Less Than 250 Million Btu Per Hour Heat Input, New and Existing Emissions Units (Effective 3/2/99) 62–296.407 Portland Cement Plants (Effective 1/1/96) 62–296.408 Nitric Acid Plants (Effective 1/ 1/96) 62–296.409 Sulfur Recovery Plants (Effective 1/1/96) 62–296.410 Carbonaceous Fuel Burning Equipment (Effective 1/1/96) 62–296.411 Sulfur Storage and Handling Facilities (Effective 1/1/96) 62–296.412 Dry Cleaning Facilities (Effective 10/7/96) 62–296.413 Synthetic Organic Fiber Production (Effective 2/12/06) 62–296.414 Concrete Batching Plants (Effective 1/10/07) 62–296.415 Soil Thermal Treatment Facilities (Effective 3/13/96) 62–296.416 Waste-to-Energy Facilities (Effective 10/20/96) 62–296.417 Volume Reduction, Mercury Recovery and Mercury Reclamation (Effective 3/2/99) 62–296.418 Bulk Gasoline Plants (Effective 5/9/07) 62–296.470 Implementation of Federal Clean Air Interstate Rule (Effective 4/1/ 07) 62–296.480 Implementation of Federal Clean Air Mercury Rule (Effective 9/6/ 06) 62–296.500 Reasonably Available Control Technology (RACT)—Volatile Organic Compounds (VOC) and Nitrogen Oxides (NOX) Emitting Facilities (Effective 1/1/ 96) 62–296.501 Can Coating (Effective 1/1/96) 62–296.502 Coil Coating (Effective 1/1/96) 62–296.503 Paper Coating (Effective 1/1/96) 62–296.504 Fabric and Vinyl Coating (Effective 1/1/96) 62–296.505 Metal Furniture Coating (Effective 1/1/96) 62–296.506 Surface Coating of Large Appliances (Effective 1/1/96) VerDate Aug<31>2005 13:46 Sep 03, 2008 Jkt 214001 62–296.507 Magnet Wire Coating (Effective 1/1/96) 62–296.508 Petroleum Liquid Storage (Effective 1/1/96) 62–296.510 Bulk Gasoline Terminals (Effective 1/1/96) 62–296.511 Solvent Metal Cleaning (Effective 10/7/96) 62–296.512 Cutback Asphalt (Effective 1/1/ 96) 62–296.513 Surface Coating of Miscellaneous Metal Parts and Products (Effective 1/1/96) 62–296.514 Surface Coating of Flat Wood Paneling (Effective 1/1/96) 62–296.515 Graphic Arts Systems (Effective 1/1/96) 62–296.516 Petroleum Liquid Storage Tanks with External Floating Roofs (Effective 1/1/96) 62–296.570 Reasonably Available Control Technology (RACT)—Requirements for Major VOC and NOX-Emitting Facilities (Effective 3/2/99) 62–296.600 Reasonably Available Control Technology (RACT)—Lead (Effective 3/ 13/96) 62–296.601 Lead Processing Operations in General (Effective 1/1/96) 62–296.602 Primary Lead-Acid Battery Manufacturing Operations (Effective 3/ 13/96) 62–296.603 Secondary Lead Smelting Operations (Effective 1/1/96) 62–296.604 Electric Arc Furnace Equipped Secondary Steel Manufacturing Operations (Effective 1/1/96) 62–296.605 Lead Oxide Handling Operations (Effective 8/8/1994) 62–296.700 Reasonably Available Control Technology (RACT) Particulate Matter (Effective 1/1/96) 62–296.701 Portland Cement Plants (Effective 1/1/96) 62–296.702 Fossil Fuel Steam Generators (Effective 1/1/96) 62–296.703 Carbonaceous Fuel Burners (Effective 1/1/96) 62–296.704 Asphalt Concrete Plants (Effective 1/1/96) 62–296.705 Phosphate Processing Operations (Effective 1/1/96) 62–296.706 Glass Manufacturing Process (Effective 1/1/96) 62–296.707 Electric Arc Furnaces (Effective 1/1/96) 62–296.708 Sweat or Pot Furnaces (Effective 1/1/96) 62–296.709 Lime Kilns (Effective 1/1/96) 62–296.710 Smelt Dissolving Tanks (Effective 1/1/96) 62–296.711 Materials Handling, Sizing, Screening, Crushing and Grinding Operations (Effective 1/1/96) 62–296.712 Miscellaneous Manufacturing Process Operations (Effective 1/1/96) Chapter 62–297 Stationary Source— Emissions Monitoring 62–297.100 Purpose and Scope (Effective 3/ 13/96) 62–297.310 General Compliance Test Requirements (Effective 3/2/99) 62–297.320 Standards for Persons Engaged in Visible Emissions Observations (Effective 2/12/04) PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 51615 62–297.401 Compliance Test Methods (Effective 3/2/99) 62–297.440 Supplementary Test Procedures (Effective 10/22/02) 62–297.450 EPA VOC Capture Efficiency Test Procedures (Effective 3/2/99) 62–297.520 EPA Continuous Monitor Performance Specifications (Effective 3/ 2/99) 62–297.620 Exceptions and Approval of Alternate Procedures and Requirements (Effective 11/23/94) * * * * * [FR Doc. E8–20385 Filed 9–3–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 [Docket No. 0808201128–81129–01] RIN 0648–XJ97 Endangered and Threatened Wildlife; Notice of 90–Day Finding on a Petition to List the Three Ice Seal Species as a Threatened or Endangered Species National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of 90–day petition finding; request for information. AGENCY: We (NMFS) announce a 90– day finding on a petition to list three ice seal species, [ringed (Phoca hispida), bearded (Erignathus barbatus), and spotted (Phoca largha)] as threatened or endangered under the Endangered Species Act (ESA). Although the petition identifies ringed seals as Pusa hispida, at this time we believe that the ringed seal is more properly identified as Phoca hispida. We find that the petition presents substantial scientific or commercial information indicating that the petitioned action of listing the ice seals may be warranted. Therefore, we have initiated status reviews of the ice seals to determine if listing under the ESA is warranted. To ensure these status reviews are comprehensive, we are soliciting scientific and commercial information regarding all of these ice seal species. DATES: Information and comments must be submitted to NMFS by November 3, 2008. ADDRESSES: You may submit comments, information, or data, identified by the Regulation Identifier Number (RIN), 0648–XJ97, by any of the following methods: SUMMARY: E:\FR\FM\04SEP1.SGM 04SEP1 ebenthall on PRODPC60 with PROPOSALS 51616 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Proposed Rules Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: https:// www.regulations.gov, Mail: Assistant Regional Administrator, Protected Resource Division, NMFS, Alaska Regional Office, P.O. Box 21668, Juneau, Alaska 99802– 1668, Facsimile (fax): (907) 586–7012. 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 (enter N/ A in the required fields, if you wish to remain anonymous). 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 ice seal petition from the above address or online from the NMFS Alaska Region website: https://www.fakr.noaa.gov/ protectedresources/seals/ice.htm. FOR FURTHER INFORMATION CONTACT: James Wilder, NMFS Alaska Region, (907) 271 6620; Kaja Brix, NMFS Alaska Region, (907) 586–7235; or Marta Nammack, NMFS, Office of Protected Resources, (301) 713–1401. SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the ESA (16 U.S.C. 1531 et seq.) requires, to the maximum extent practicable, that within 90 days of receipt of a petition to designate 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. 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 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 VerDate Aug<31>2005 13:46 Sep 03, 2008 Jkt 214001 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 the petitioned action is warranted. Under the ESA, a listing determination may address a species, subspecies, or a distinct population segment (DPS) of any vertebrate species which interbreeds when mature (16 U.S.C. 1532(16)). A joint NOAA-USFWS policy clarifies the agencies’ interpretation of the phrase ‘‘distinct population segment of any species of vertebrate fish or wildlife’’ (ESA section 3(16)) for the purposes of listing, delisting, and reclassifying a species under the ESA (61 FR 4722; February 7, 1996). The joint DPS policy establishes two criteria that must be met for a population or group of populations to be considered a DPS: (1) the population segment must be discrete in relation to the remainder of the species (or subspecies) to which it belongs; and (2) the population segment must be significant to the remainder of the species (or subspecies) to which it belongs. A population segment may be considered discrete if it satisfies either one of the following conditions: (1) it is markedly separated from other populations of the same biological taxon as a consequence of physical, physiological, ecological, or behavioral factors (quantitative measures of genetic or morphological discontinuity may provide evidence of this separation); or (2) it is delimited by international governmental boundaries across which there is a significant difference in exploitation control, habitat management, conservation status, or if regulatory mechanisms exist that are significant in light of section 4(a)(1) (D) of the ESA. If a population is determined to be discrete, the agency must then consider whether it is significant to the taxon to which it PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 belongs. Considerations in evaluating the significance of a discrete population include: (1) persistence of the discrete population in an unusual or unique ecological setting for the taxon; (2) evidence that the loss of the discrete population segment would cause a significant gap in the taxon’s range; (3) evidence that the discrete population segment represents the only surviving natural occurrence of a taxon that may be more abundant elsewhere outside its historical geographic range; or (4) evidence that the discrete population has marked genetic differences from other populations of the species. A species, subspecies, or DPS is ‘‘endangered’’ if it is in danger of extinction throughout all or a significant portion of its range, or ‘‘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). Background On March 28, 2008, we issued a 90– day finding in response to a petition to list the ribbon seal as threatened or endangered (73 FR 16,617). We found that the petition presented substantial scientific or commercial information indicating that the petitioned action may be warranted. We therefore initiated a status review for the ribbon seal. Concurrent with that decision, we announced that we were also initiating a status review of three other ice seals (ringed, bearded, and spotted). On May 28, 2008, we received a petition from the Center for Biological Diversity to list three species of ice seals (ringed, bearded, spotted) as threatened or endangered species under the ESA. The petitioner also requested that critical habitat be designated for ice seals concurrent with listing under the ESA. As described in this petition, the spotted seal is monotypic. The bearded seal contains two currently recognized subspecies, and the ringed seal contains five currently recognized subspecies: Phoca hispida hispida, Phoca hispida botnica, Phoca hispida ochotensis, Phoca hispida ladogensis, and Phoca hispida saimensis. Although the petition identifies ringed seals as Pusa hispida, we believe that the ringed seal is more properly identified as Phoca hispida. According to the petitioner, each of these subspecies meets the definition of a ‘‘species’’ eligible for listing under the ESA. In the event that we do not find that the entire species of ringed seal or bearded seal meets the requirements for listing, the petitioner requests that we evaluate whether each subspecies of bearded and ringed seals is eligible for listing. In the event that E:\FR\FM\04SEP1.SGM 04SEP1 Federal Register / Vol. 73, No. 172 / Thursday, September 4, 2008 / Proposed Rules trends, habitat trends, and effects of management on ice seals; (2) Information on the effects of climate change and sea ice change on the distribution and abundance of ice seals, and their principal prey over the short- and long-term; (3) Information on the effects of other potential threat factors, including oil and gas development, contaminants, hunting, poaching, and changes in the distribution and abundance of ice seals and their principal prey over the shortterm and long-term; (4) Information on management programs for ice seal conservation, including mitigation measures related to oil and gas exploration and development, hunting conservation programs, anti-poaching programs, and any other private, tribal, or governmental conservation programs which benefit ice seals; and (5) Information relevant to whether any populations of the ice seal species may qualify as distinct population segments. 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. Status Review ebenthall on PRODPC60 with PROPOSALS we do not recognize the taxonomic validity of the bearded and ringed seal subspecies or the spotted seal species as described in this petition, the petitioner requests that we evaluate whether the spotted, ringed and bearded seals of the Bering, Chukchi, and Beaufort seas that are the subject of this petition constitute a DPS of the full species and/or represent a significant portion of the range of the full species and are therefore eligible for listing on such basis. It is the petitioner’s contention that ice seals face global extinction in the wild, and therefore, constitute a threatened or endangered species as defined under 16 U.S.C. 1532(6) and (20). The petition presents information on (1) ‘‘global warming which is resulting in the rapid melt of the seals’ sea-ice habitat;’’ (2) ‘‘high harvest levels allowed by the Russian Federation;’’ (3) ‘‘oil and gas exploration and development;’’ (4) ‘‘rising contaminant levels in the Arctic;’’ and (5) ‘‘bycatch mortality and competition for prey resources from commercial fisheries.’’ The petition also presents information on the species’ taxonomy, distribution, habitat requirements, reproduction, diet, natural mortality, and demographics, as well as a discussion of the applicability of the five factors listed under ESA section 4(a)(1). We have reviewed the petition, the literature cited in the petition, and other literature and information available in our files. Based on our review of the petition and other available 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. National Oceanic and Atmospheric Administration As a result of this finding, we will continue our ongoing status review to determine whether listing ringed, bearded, and spotted seals under the ESA is warranted. We intend that any final action resulting from this status review will be as accurate and as effective as possible. Therefore, we are opening a 60–day public comment period to solicit comments, suggestions, and information from the public, government agencies, the scientific community, industry, and any other interested parties on the status of the ice seals throughout their range, including: (1) Information on taxonomy, abundance, reproductive success, age structure, distribution, habitat selection, food habits, population density and VerDate Aug<31>2005 13:46 Sep 03, 2008 Jkt 214001 Authority The authority for this action is the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Dated: August 29, 2008. James W. Balsiger, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E8–20544 Filed 9–3–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE 50 CFR Part 622 [Docket No. 0808051052–81144–01] RIN 0648–AW85 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Referendum Procedures for a Potential Gulf of Mexico Grouper and Tilefish Individual Fishing Quota Program National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 51617 SUMMARY: NMFS issues this proposed rule to provide potential participants information concerning a referendum for an individual fishing quota (IFQ) program for the Gulf of Mexico (Gulf) commercial grouper and tilefish fisheries. This rule informs the potential participants of the procedures, schedule, and eligibility requirements that NMFS would use in conducting the referendum. If the IFQ program, as developed by the Gulf of Mexico Fishery Management Council (Council), is approved through the referendum process, the Council may choose to submit the IFQ program to the Secretary of Commerce (Secretary) for review, approval, and implementation. The intended effect of this proposed rule is to implement the referendum consistent with the requirements of the MagnusonStevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Written comments must be received on or before October 6, 2008. ADDRESSES: You may submit comments on the proposed rule, identified by ‘‘0648–AW85’’, by any of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking Portal: https:// www.regulations.gov. • Fax: 727–824–5308; Attention: Susan Gerhart. • Mail: Susan Gerhart, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701. 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 (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments. Attachments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. Copies of supporting documentation for this proposed rule, which includes a regulatory impact review (RIR) and a Regulatory Flexibility Act Analysis (RFAA), are available from NMFS at the address above. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727–824–5305. SUPPLEMENTARY INFORMATION: The reef fish fishery in the exclusive economic E:\FR\FM\04SEP1.SGM 04SEP1

Agencies

[Federal Register Volume 73, Number 172 (Thursday, September 4, 2008)]
[Proposed Rules]
[Pages 51615-51617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20544]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 0808201128-81129-01]
RIN 0648-XJ97


Endangered and Threatened Wildlife; Notice of 90-Day Finding on a 
Petition to List the Three Ice Seal Species as a Threatened or 
Endangered Species

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

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

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

SUMMARY: We (NMFS) announce a 90-day finding on a petition to list 
three ice seal species, [ringed (Phoca hispida), bearded (Erignathus 
barbatus), and spotted (Phoca largha)] as threatened or endangered 
under the Endangered Species Act (ESA). Although the petition 
identifies ringed seals as Pusa hispida, at this time we believe that 
the ringed seal is more properly identified as Phoca hispida. We find 
that the petition presents substantial scientific or commercial 
information indicating that the petitioned action of listing the ice 
seals may be warranted. Therefore, we have initiated status reviews of 
the ice seals to determine if listing under the ESA is warranted. To 
ensure these status reviews are comprehensive, we are soliciting 
scientific and commercial information regarding all of these ice seal 
species.

DATES: Information and comments must be submitted to NMFS by November 
3, 2008.

ADDRESSES: You may submit comments, information, or data, identified by 
the Regulation Identifier Number (RIN), 0648-XJ97, by any of the 
following methods:

[[Page 51616]]

    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal: https://www.regulations.gov,
    Mail: Assistant Regional Administrator, Protected Resource 
Division, NMFS, Alaska Regional Office, P.O. Box 21668, Juneau, Alaska 
99802-1668,
    Facsimile (fax): (907) 586-7012.
    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 (enter N/A in the required fields, if you wish to 
remain anonymous). 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 ice seal petition from the 
above address or online from the NMFS Alaska Region website: https://
www.fakr.noaa.gov/protectedresources/seals/ice.htm.

FOR FURTHER INFORMATION CONTACT: James Wilder, NMFS Alaska Region, 
(907) 271 6620; Kaja Brix, NMFS Alaska Region, (907) 586-7235; or Marta 
Nammack, NMFS, Office of Protected Resources, (301) 713-1401.

SUPPLEMENTARY INFORMATION: Section 4(b)(3)(A) of the ESA (16 U.S.C. 
1531 et seq.) requires, to the maximum extent practicable, that within 
90 days of receipt of a petition to designate 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. 
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 
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 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 the petitioned action is warranted.
    Under the ESA, a listing determination may address a species, 
subspecies, or a distinct population segment (DPS) of any vertebrate 
species which interbreeds when mature (16 U.S.C. 1532(16)). A joint 
NOAA-USFWS policy clarifies the agencies' interpretation of the phrase 
``distinct population segment of any species of vertebrate fish or 
wildlife'' (ESA section 3(16)) for the purposes of listing, delisting, 
and reclassifying a species under the ESA (61 FR 4722; February 7, 
1996). The joint DPS policy establishes two criteria that must be met 
for a population or group of populations to be considered a DPS: (1) 
the population segment must be discrete in relation to the remainder of 
the species (or subspecies) to which it belongs; and (2) the population 
segment must be significant to the remainder of the species (or 
subspecies) to which it belongs. A population segment may be considered 
discrete if it satisfies either one of the following conditions: (1) it 
is markedly separated from other populations of the same biological 
taxon as a consequence of physical, physiological, ecological, or 
behavioral factors (quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation); or (2) it is 
delimited by international governmental boundaries across which there 
is a significant difference in exploitation control, habitat 
management, conservation status, or if regulatory mechanisms exist that 
are significant in light of section 4(a)(1) (D) of the ESA. If a 
population is determined to be discrete, the agency must then consider 
whether it is significant to the taxon to which it belongs. 
Considerations in evaluating the significance of a discrete population 
include: (1) persistence of the discrete population in an unusual or 
unique ecological setting for the taxon; (2) evidence that the loss of 
the discrete population segment would cause a significant gap in the 
taxon's range; (3) evidence that the discrete population segment 
represents the only surviving natural occurrence of a taxon that may be 
more abundant elsewhere outside its historical geographic range; or (4) 
evidence that the discrete population has marked genetic differences 
from other populations of the species. A species, subspecies, or DPS is 
``endangered'' if it is in danger of extinction throughout all or a 
significant portion of its range, or ``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).

Background

    On March 28, 2008, we issued a 90-day finding in response to a 
petition to list the ribbon seal as threatened or endangered (73 FR 
16,617). We found that the petition presented substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted. We therefore initiated a status review for the ribbon seal. 
Concurrent with that decision, we announced that we were also 
initiating a status review of three other ice seals (ringed, bearded, 
and spotted).
    On May 28, 2008, we received a petition from the Center for 
Biological Diversity to list three species of ice seals (ringed, 
bearded, spotted) as threatened or endangered species under the ESA. 
The petitioner also requested that critical habitat be designated for 
ice seals concurrent with listing under the ESA. As described in this 
petition, the spotted seal is monotypic. The bearded seal contains two 
currently recognized subspecies, and the ringed seal contains five 
currently recognized subspecies: Phoca hispida hispida, Phoca hispida 
botnica, Phoca hispida ochotensis, Phoca hispida ladogensis, and Phoca 
hispida saimensis. Although the petition identifies ringed seals as 
Pusa hispida, we believe that the ringed seal is more properly 
identified as Phoca hispida. According to the petitioner, each of these 
subspecies meets the definition of a ``species'' eligible for listing 
under the ESA. In the event that we do not find that the entire species 
of ringed seal or bearded seal meets the requirements for listing, the 
petitioner requests that we evaluate whether each subspecies of bearded 
and ringed seals is eligible for listing. In the event that

[[Page 51617]]

we do not recognize the taxonomic validity of the bearded and ringed 
seal subspecies or the spotted seal species as described in this 
petition, the petitioner requests that we evaluate whether the spotted, 
ringed and bearded seals of the Bering, Chukchi, and Beaufort seas that 
are the subject of this petition constitute a DPS of the full species 
and/or represent a significant portion of the range of the full species 
and are therefore eligible for listing on such basis.
    It is the petitioner's contention that ice seals face global 
extinction in the wild, and therefore, constitute a threatened or 
endangered species as defined under 16 U.S.C. 1532(6) and (20). The 
petition presents information on (1) ``global warming which is 
resulting in the rapid melt of the seals' sea-ice habitat;'' (2) ``high 
harvest levels allowed by the Russian Federation;'' (3) ``oil and gas 
exploration and development;'' (4) ``rising contaminant levels in the 
Arctic;'' and (5) ``bycatch mortality and competition for prey 
resources from commercial fisheries.'' The petition also presents 
information on the species' taxonomy, distribution, habitat 
requirements, reproduction, diet, natural mortality, and demographics, 
as well as a discussion of the applicability of the five factors listed 
under ESA section 4(a)(1). We have reviewed the petition, the 
literature cited in the petition, and other literature and information 
available in our files. Based on our review of the petition and other 
available 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.

Status Review

    As a result of this finding, we will continue our ongoing status 
review to determine whether listing ringed, bearded, and spotted seals 
under the ESA is warranted. We intend that any final action resulting 
from this status review will be as accurate and as effective as 
possible. Therefore, we are opening a 60-day public comment period to 
solicit comments, suggestions, and information from the public, 
government agencies, the scientific community, industry, and any other 
interested parties on the status of the ice seals throughout their 
range, including:
    (1) Information on taxonomy, abundance, reproductive success, age 
structure, distribution, habitat selection, food habits, population 
density and trends, habitat trends, and effects of management on ice 
seals;
    (2) Information on the effects of climate change and sea ice change 
on the distribution and abundance of ice seals, and their principal 
prey over the short- and long-term;
    (3) Information on the effects of other potential threat factors, 
including oil and gas development, contaminants, hunting, poaching, and 
changes in the distribution and abundance of ice seals and their 
principal prey over the short-term and long-term;
    (4) Information on management programs for ice seal conservation, 
including mitigation measures related to oil and gas exploration and 
development, hunting conservation programs, anti-poaching programs, and 
any other private, tribal, or governmental conservation programs which 
benefit ice seals; and
    (5) Information relevant to whether any populations of the ice seal 
species may qualify as distinct population segments.
    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.

Authority

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

    Dated: August 29, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. E8-20544 Filed 9-3-08; 8:45 am]
BILLING CODE 3510-22-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.