Endangered and Threatened Wildlife and Plants: Proposed Rulemaking To Designate Critical Habitat for Black Abalone, 59900-59931 [2010-24215]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 187 (Tuesday, September 28, 2010)]
[Proposed Rules]
[Pages 59900-59931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24215]



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Part V





Department of Commerce





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National Oceanic and Atmospheric Administration



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50 CFR Part 226



Endangered and Threatened Wildlife and Plants: Proposed Rulemaking To 
Designate Critical Habitat for Black Abalone; Proposed Rule

Federal Register / Vol. 75, No. 187 / Tuesday, September 28, 2010 / 
Proposed Rules

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 100127045-0120-01]
RIN 0648-AY62


Endangered and Threatened Wildlife and Plants: Proposed 
Rulemaking To Designate Critical Habitat for Black Abalone

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

ACTION: Proposed rule; request for comments.

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SUMMARY: We, the National Marine Fisheries Service (NMFS), propose to 
designate approximately 390 square kilometers of critical habitat for 
the endangered black abalone, pursuant to section 4 of the Endangered 
Species Act (ESA). Specific areas proposed for designation include 
rocky habitats from the mean higher high water (MHHW) line to a depth 
of 6 meters (m) within the following areas on the California coast: Del 
Mar Landing Ecological Reserve to Point Bonita; from the southern point 
at the mouth of San Francisco Bay to Natural Bridges State Beach; from 
Pacific Grove to Cayucos; from Monta[ntilde]a de Oro State Park to just 
south of Government Point; Palos Verdes Peninsula from the Palos 
Verdes/Torrance border to Los Angeles Harbor; the Farallon Islands; 
A[ntilde]o Nuevo Island; San Miguel Island; Santa Rosa Island; Santa 
Cruz Island; Anacapa Island; San Nicolas Island; Santa Barbara Island; 
Catalina Island; and San Clemente Island. We propose to exclude the 
following area from designation because the economic benefits of 
exclusion outweigh the benefits of inclusion, and exclusion will not 
result in the extinction of the species: rocky habitats within the MHHW 
line to a depth of 6 m from Corona Del Mar State Beach to Dana Point, 
California.

DATES: Comments on this proposed rule to designate critical habitat 
must be received by no later than 5 p.m. Pacific Standard Time on 
November 29, 2010. A public hearing will be held promptly if any person 
so requests by November 12, 2010. Notice of the date, location, and 
time of any such hearing will be published in the Federal Register not 
less than 15 days before the hearing is held.

ADDRESSES: You may submit comments on the proposed rule, identified by 
RIN 0648-AY62, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 1-562-980-4027, Attention: Melissa Neuman.
     Mail: Submit written information to Chief, Protected 
Resources Division, Southwest Region, National Marine Fisheries 
Service, 501 West Ocean Blvd, Suite 4200, Long Beach, CA 90802-4213.
    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 (please 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 PDF file formats 
only.
    Reference materials and supporting documents regarding this 
proposed designation can be obtained via the Internet at: https://swr.nmfs.noaa.gov/, the Federal eRulemaking Portal at: https://www.regulations.gov, or by submitting a request to the Assistant 
Regional Administrator, Protected Resources Division, Southwest Region, 
NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS, Southwest Region 
(562) 980-4115, or Marta Nammack, NMFS, Office of Protected Resources 
(301) 713-1401.

SUPPLEMENTARY INFORMATION: 

Background

    On January 14, 2009, we determined that the black abalone (Haliotis 
cracherodii) is in danger of extinction throughout all or a significant 
portion of its range and listed the species as endangered under the ESA 
(74 FR 1937). Under the ESA, we are responsible for designating 
critical habitat for all endangered and threatened species (16 U.S.C. 
1533). This rule describes the proposed critical habitat designation, 
including supporting information on black abalone biology, 
distribution, and habitat use, and the methods used to develop the 
proposed designation.
    We considered various alternatives to the critical habitat 
designation for black abalone. The alternative of not designating 
critical habitat for black abalone would impose no economic, national 
security, or other relevant impacts, but would not provide any 
conservation benefit to the species. This alternative was considered 
and rejected because such an approach does not meet the legal 
requirements of the ESA and would not provide for the conservation of 
black abalone. The alternative of designating all of the areas 
considered for designation (i.e., no areas excluded) was also 
considered and rejected because, for one area, the economic benefits of 
exclusion outweighed the benefits of designation, and NMFS did not 
determine that exclusion of this area would significantly impede 
conservation of the species or result in extinction of the species. The 
total estimated annualized economic impact associated with the 
designation of all of the areas considered would be $595,900 to 
$158,967,500 (discounted at 7 percent) or $562,600 to $144,410,200 
(discounted at 3 percent).
    An alternative to designating critical habitat within all of the 
areas considered for designation is the designation of critical habitat 
within a subset of these areas. Under section 4(b)(2) of the ESA, NMFS 
must consider the economic impacts, impacts to national security, and 
other relevant impacts of designating any particular area as critical 
habitat. NMFS has the discretion to exclude an area from designation as 
critical habitat if the benefits of exclusion (i.e., the impacts that 
would be avoided if an area were excluded from the designation) 
outweigh the benefits of designation (i.e., the conservation benefits 
to black abalone if an area were designated), so long as exclusion of 
the area will not result in extinction of the species. Exclusion under 
section 4(b)(2) of the ESA of one or more of the areas considered for 
designation would reduce the total impacts of designation. The 
determination of which units to exclude depends on NMFS' ESA section 
4(b)(2) analysis, which is conducted for each area and described in 
detail in the draft ESA 4(b)(2) report (NMFS, 2010b). Under the 
preferred alternative we propose to exclude one of the 20 areas 
considered. The total estimated economic impact associated with this 
preferred alternative is $582,500 to $155,851,400 (discounted at 7 
percent) or $551,800 to $141,300,500 (discounted at 3 percent). We 
determined that the exclusion of this one area would not significantly 
impede the conservation of

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black abalone nor result in extinction of the species. We selected this 
as the preferred alternative because it results in a critical habitat 
designation that provides for the conservation of black abalone while 
reducing the economic impacts. This alternative also meets the 
requirements under the ESA and our joint NMFS-U.S. Fish and Wildlife 
Service (USFWS) regulations concerning critical habitat.

Black Abalone Natural History

General Description
    Black abalone (Haliotis cracherodii, Leach, 1814) are shallow-
living marine gastropods with smooth, circular, and black to slate blue 
colored shells that have five to nine open respiratory pores sitting 
flush with the shell's surface. Typically, the shell's interior is 
white (Haaker et al., 1986), with a poorly defined or no muscle scar 
(Howorth, 1978). Adults attain a maximum shell length of approximately 
20 cm (throughout this notice we use the maximum diameter of the 
elliptical shell as the index for individual body size). The muscular 
foot of the black abalone allows the animal to clamp tightly to rocky 
surfaces without being dislodged by wave action. Locomotion is 
accomplished by an undulating motion of the foot. A column of shell 
muscle attaches the body to the shell. The mantle and black epipodium, 
a sensory structure and extension of the foot which bears lobed 
tentacles of the same color (Cox, 1960), circle the foot and extend 
beyond the shell of a healthy black abalone. The internal organs are 
arranged around the foot and under the shell.

Historical and Current Distribution

    Black abalone historically occurred from Crescent City, California, 
USA, to southern Baja California, Mexico (Geiger, 2004), but today the 
species' constricted range occurs from Point Arena, California, USA, to 
Bahia Tortugas, Mexico, and it is rare north of San Francisco, 
California, USA (Morris et al., 1980), and south of Punta Eugenia, 
Mexico (P. Raimondi, pers. comm.).

Population Structure

    Recent studies have evaluated population structure in black abalone 
(Hamm and Burton, 2000; Chambers et al., 2006; Gruenthal and Burton, 
2008) using various methods. These studies indicate: (1) Minimal gene 
flow among populations; (2) black abalone populations are composed 
predominantly of closely related individuals produced by local spawning 
events; (3) gene flow among island populations is relatively greater 
than between island and mainland populations; and (4) the overall 
connectivity among black abalone populations is low and likely reflects 
limited larval dispersal and a low degree of exchange among 
populations.

Habitat

    Black abalone generally inhabit coastal and offshore island 
intertidal habitats on exposed rocky shores where bedrock provides 
deep, protective crevice shelter (Leighton, 2005). These complex 
surfaces with cracks and crevices in upper and middle intertidal zones 
may be crucial recruitment habitat and appear to be important for adult 
survival as well (Leighton, 1959; Leighton and Boolootian, 1963; 
Douros, 1985, 1987; Miller and Lawrenz-Miller, 1993; VanBlaricom et 
al., 1993; Haaker et al., 1995). Black abalone range vertically from 
the high intertidal zone to a depth of 6 m, with most animals found in 
middle and lower intertidal zones. In highly exposed locations downwind 
of large offshore kelp beds, the majority of abalone may be found in 
the high intertidal where drift kelp fragments, a principal food for 
black abalone, tend to be concentrated by breaking surf.

Movement

    Planktonic larval abalone movement is determined primarily by 
patterns of water movement in nearshore habitats near spawning sites. 
Larvae may be able to influence movement to some degree by adjusting 
their vertical position in the water column, but to our knowledge, the 
ability of black abalone larvae to move in this way has not been 
documented. Movement behavior of postmetamorphic juvenile black abalone 
is likewise unknown. Leighton (1959) and Leighton and Boolootian (1963) 
indicate that black abalone larvae may settle and metamorphose in the 
upper intertidal zone, using crevices and depressions (including those 
formed by abrasive action of other intertidal mollusks) as habitat. 
Leighton and Boolootian (1963) suggest that young black abalone move 
lower in the intertidal zone as they begin to grow, occupying the 
undersides of large boulders. To our knowledge there is no published 
information on direct observations of movement behavior of the smallest 
(<20 mm) juvenile black abalone in the field. Qualitative (Leighton, 
2005; VanBlaricom, unpublished observations) and quantitative (Bergen, 
1971; Blecha et al., 1992; VanBlaricom and Ashworth, in preparation; 
Richards, unpublished observations) studies of movement in black 
abalone suggest that smaller abalone (<65 mm) move more frequently than 
larger abalone, movement is more frequent during night hours compared 
to daylight hours, and larger abalone may remain in the same location 
for many years.

Diet

    Larvae are lecithotrophic (i.e., receive nourishment via an egg 
yolk) and apparently do not actively feed during their planktonic life 
stage. From the time of post-larval metamorphosis to a size of about 20 
mm, black abalone are highly cryptic, occurring primarily on the 
undersides of large boulders or in deep narrow crevices in solid rocky 
substrata. In such locations the primary food sources are thought to be 
microbial and possibly diatom films (Leighton, 1959; Leighton and 
Boolootian, 1963; Bergen, 1971) and crustose coralline algae. At 
roughly 20 mm black abalone move to more open locations, albeit still 
relatively cryptic, gaining access to both attached macrophytes and to 
pieces of drift plants cast into the intertidal zone by waves and 
currents. As black abalone continue to grow, the most commonly observed 
feeding method is entrapment of drift plant fragments. Webber and Giese 
(1969), Bergen (1971), Hines and Pearse (1982), and Douros (1987) have 
confirmed the importance of large kelps in the diet of juvenile and 
adult black abalone. The primary food species are said to be giant kelp 
(Macrocystis pyrifera) and feather boa kelp (Egregia menziesii) in 
southern California (i.e., south of Point Conception) habitats, and 
bull kelp (Nereocystis leutkeana) in central and northern California 
habitats.

Reproduction

    Black abalone reach reproductive maturity between 3 and 7 years 
(Smith et al., 2003), have separate sexes, and are ``broadcast'' 
spawners. Gametes from both parents are shed into the sea, and 
fertilization is entirely external. Resulting larvae are minute and 
defenseless, receive no parental care or protection of any kind, and 
are subject to a broad array of physical and biological sources of 
mortality. Species with a broadcast-spawning reproductive strategy are 
subject to strong selection for maximum fecundity of both sexes. Only 
through production of large numbers of gametes can broadcast spawners 
overcome high mortality of gametes and larvae and survive across 
generations. It is not uncommon for broadcast-spawning marine species, 
a group including many taxa of fish and invertebrates, to produce 
millions of eggs or sperm per individual per year.

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Broadcast spawners are also subject to other kinds of selection for 
certain traits associated with reproduction, including spatial and 
temporal synchrony in spawning and mechanisms that increase 
probabilities for union of spawned gametes.

Spawning Density

    As intertidal organisms on exposed rocky shores, black abalone 
typically release gametes into environments of extreme turbulence. As a 
consequence, eggs and sperm must be released from adults in relatively 
close spatial and temporal proximity in order to have any chance of 
union and fertilization before rapid dispersal and loss of opportunity. 
A central problem for conservation of black abalone is the dramatic 
reduction in densities over the past quarter century in almost the 
entire geographic range of the species. Reductions in density are so 
extreme and widespread that considerable attention is now focused on 
assessment of critical density thresholds for successful reproduction, 
recruitment, and population sustainability. Critical density 
thresholds, below which recruitment failure occurs, exist across a 
broad taxonomic range of marine, broadcast-spawning invertebrates 
(e.g., sea urchins, sea cucumbers, hard clams, scallops, giant clams, 
and geoduck clams). Neuman et al. (in press) reviewed recruitment 
patterns in three long-term data sets for black abalone in California, 
and in each case, recruitment failed when declining population 
densities fell below 0.34 m-2. Densities in most black 
abalone populations in Southern California have fallen below the 
densities noted. Recent evidence suggests that disease-induced 
increases in the mortality rate of black abalone continue to move 
northward along the mainland coast of California (e.g., Raimondi et 
al., 2002; Miner et al., 2006). Thus, the number and geographic scope 
of populations with densities falling below sustainable levels is 
expected to increase.

Larval Dispersal, Settlement, and Recruitment

    Most abalone larvae drift in the water for a period of about 3-10 
days before settlement and metamorphosis (e.g., McShane, 1992). During 
that short period of time, abalone have limited capacity for dispersal 
over distances beyond a few kilometers. Indirect methods for assessing 
larval dispersal in abalone support the conclusion that black abalone 
exhibit limited larval dispersal (Tegner and Butler, 1985; Prince et 
al., 1988; Hamm and Burton, 2000; Chambers et al., 2005; Chambers et 
al., 2006; Gruenthal, 2007).
    A sequence of studies and discoveries suggests that availability of 
crustose coralline algae in appropriate intertidal habitats may be an 
important settlement cue for larval black abalone, and that the 
presence of adult black abalone may facilitate larval settlement and 
metamorphosis because the activities and presence of the abalone 
promote the maintenance of substantial substratum cover by crustose 
coralline algae (Morse et al., 1979; Morse and Morse, 1984; Douros, 
1985; Trapido- Rosenthal and Morse, 1986; Morse, 1990; Morse, 1992; 
Miner et al., 2006). Although crustose coralline algae are ubiquitous 
in rocky benthic habitats along the west coast of North America, a 
mechanistic understanding of processes that sustain these algal 
populations has not been established, to our knowledge.

Growth and Longevity

    Available data on black abalone growth suggest that young animals 
reach maximum shell diameters of about 2 cm in their first year, then 
grow at rates of 1-2 cm per year for the next several years. Growth 
begins to slow at lengths of about 10 cm, corresponding to an age range 
of 4-8 years. Beyond this point, growth is less predictable, shell 
erosion may become a significant factor, and size distributions for 
older animals may vary according to local conditions. Growth and 
erosion of shells may come into equilibrium in older black abalone, 
such that growth can be viewed as facultatively determinant. Maximum 
recorded shell length for black abalone was listed at 213 mm by Wagner 
and Abbott (1990). Ault (1985) reported a maximum shell length of black 
abalone at 215 mm. Leighton (2005) indicated a shell length of 216 mm 
reported by Owen (unpublished observation). Maximum longevity of black 
abalone is thought to be 20-30 years.

Mortality

    The most important source of black abalone mortality is the disease 
known as withering syndrome (hereafter WS). Disease transmission and 
manifestation is intensified when local sea surface temperatures 
increase by as little as 2.5 [deg]C above ambient sea surface 
temperatures and remain elevated over a prolonged period of time (i.e., 
a few months or more) (Friedman et al., 1997; Raimondi et al., 2002; 
Harley and Rogers-Bennett, 2004; Vilchis et al., 2005). WS is caused by 
a Rickettsiales-like prokaryotic pathogen of unknown origin that 
invades digestive epithelial cells and disrupts absorption of digested 
materials from the gut lumen into the tissues (Gardner et al., 1995). 
Progressive signs of the disease include pedal atrophy, diminished 
responsiveness to tactile stimuli, discoloration of the epipodium, and 
a loss of ability to maintain adhesion to rocky substratum (Raimondi et 
al., 2002). While population-scale mortality rates due to WS may vary 
in space and time from near zero to high proportions of local 
populations, the available evidence suggests that the highest disease-
induced mortality events have followed periods of elevated sea surface 
temperature (e.g., Raimondi et al., 2002). Laboratory studies have 
demonstrated that elevated water temperature, while not a direct cause 
of WS, accelerates the mortality of black abalone carrying the pathogen 
that causes the disease (Friedman et al., 1997). A recent study 
examined the effects of elevated sea surface temperature on abalone at 
the individual level, and suggested that warming ocean temperatures are 
likely to have negative consequences on those species associated with 
cooler water temperatures and/or particularly susceptible to WS 
(Vilchis et al., 2005). Although there is no explicitly documented 
causal link between the persistence of WS and long-term climate change, 
patterns observed over the past 3 decades suggest that progression of 
ocean warming associated with large-scale climate change may facilitate 
further and more prolonged vulnerability of black abalone to the 
effects of WS. The preponderance of evidence indicates that WS 
continues to damage the size and sustainability of black abalone 
populations on a large scale, with little plausible basis for any 
predictions of reversal except in localized, spatially isolated cases.
    Factors such as poaching, reduced genetic diversity, ocean 
acidification, non-anthropogenic predation (e.g., by octopuses, 
lobsters, sea stars, fishes, sea otters, and shorebirds) and 
competition (e.g., with sea urchins), food limitation, environmental 
pollutants and toxins, and substrate destruction may all impose 
mortality on black abalone at varying rates, but predicting the 
relative impacts of each of these factors on the long-term viability of 
black abalone is difficult without further study. In addition to the 
aforementioned present-day sources of mortality, commercial and 
recreational fisheries operating in California until 1993 likely 
contributed to the species' decline. For more information on historic 
and present-day factors leading to the decline of black abalone 
populations, please see the NMFS status review for black abalone

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(VanBlaricom et al., 2009), and the proposed and final listing rules 
for black abalone (71 FR 1986, January 11, 2008; 74 FR 1937, January 
14, 2009).

Methods and Criteria Used To Identify Critical Habitat

    In accordance with section 4(b)(2) of the ESA and our implementing 
regulations (50 CFR 424.12(a)), this proposed rule is based on the best 
scientific information available concerning the present and historical 
range, habitat, biology, and threats to habitat for black abalone. In 
preparing this rule, we reviewed and summarized current information on 
black abalone, including recent biological surveys and reports, peer-
reviewed literature, the NMFS status review for black abalone 
(VanBlaricom et al., 2009), and the proposed and final listing rules 
for black abalone (71 FR 1986, January 11, 2008; 74 FR 1937, January 
14, 2009). To assist with the evaluation of critical habitat, we 
convened a black abalone critical habitat review team (CHRT), comprised 
of seven Federal biologists from NMFS, the National Park Service (NPS), 
US Geological Survey (USGS), Minerals Management Service (hereafter 
MMS; MMS has been renamed the Bureau of Ocean Energy Management, 
Regulation, and Enforcement, or BOEMRE, as of June 18, 2010), and the 
Monterey Bay National Marine Sanctuary with experience in abalone 
research, monitoring and management. The CHRT used the best available 
scientific and commercial data and their best professional judgment to: 
(1) Verify the geographical area occupied by black abalone at the time 
of listing; (2) identify the physical and biological features essential 
to the conservation of the species; (3) identify specific areas within 
the occupied area containing those essential physical and biological 
features; (4) verify whether the essential features within each 
specific area may need special management considerations or protection 
and identify activities that may affect these essential features; (5) 
evaluate the conservation value of each specific area; and (6) 
determine if any unoccupied areas are essential to the conservation of 
black abalone. The CHRT's evaluation and conclusions are described in 
detail in the following sections, as well as in the draft biological 
report (NMFS, 2010c).

Physical or Biological Features Essential for Conservation

    Joint NMFS-USFWS regulations, at 50 CFR 424.12(b), state that in 
determining what areas are critical habitat, the agencies ``shall 
consider those physical and biological features that are essential to 
the conservation of a given species and that may require special 
management considerations or protection.'' Features to consider may 
include, but are not limited to: ``(1) Space for individual and 
population growth, and for normal behavior; (2) Food, water, air, 
light, minerals, or other nutritional or physiological requirements; 
(3) Cover or shelter; (4) Sites for breeding, reproduction, rearing of 
offspring, germination, or seed dispersal; and generally; (5) Habitats 
that are protected from disturbance or are representative of the 
historic geographical and ecological distributions of a species.'' The 
regulations also require the agencies to ``focus on the principal 
biological or physical constituent elements'' (hereafter referred to as 
``Primary Constituent Elements'' or PCEs) within the specific areas 
considered for designation that are essential to conservation of the 
species, which ``may include, but are not limited to, the following: * 
* * spawning sites, feeding sites, seasonal wetland or dryland, water 
quality or quantity, * * * geological formation, vegetation type, tide, 
and specific soil types.''
    Based on the best available scientific information, the CHRT 
identified the following PCEs essential for the conservation of black 
abalone:
    (1) Rocky substrate. Suitable rocky substrate includes rocky 
benches formed from consolidated rock of various geological origins 
(e.g., igneous, metamorphic, and sedimentary) that contain channels 
with macro- and micro-crevices or large boulders (greater than or equal 
to 1 m in diameter) and occur from mean higher high water (MHHW) to a 
depth of 6 m. All types of relief (high, medium and low; 0.5 to greater 
than 2 m vertical relief; Wentworth, 1922) support black abalone and 
complex configurations of rock surfaces likely afford protection from 
predators, direct impacts of breaking waves, wave-born projectiles, and 
excessive solar heating during daytime low tides. Most black abalone 
occupy the middle and lower intertidal zones. In highly exposed 
locations downwind of large offshore kelp beds, the majority of abalone 
may be found in the high intertidal where drift kelp fragments tend to 
be concentrated by breaking surf. Leighton (1959) found evidence for 
ontogenetic shifts in depth distribution among juvenile abalone on the 
Palos Verdes Peninsula. Juvenile black abalone (10-30 mm) were found at 
mid-intertidal depths on undersides of rock providing clear beneath-
rock open space while juveniles in the 5-10 mm size range were found at 
higher intertidal zones in narrow crevices and in depressions abraded 
into rock surfaces by the intertidal chiton, Nutallina californica 
(Reeve, 1847). Black abalone observed at greater depths (3-6 m) 
typically were mature adults. California contains approximately 848.5 
miles (1365.5 km) of consolidated rocky coastline and 599.3 miles 
(964.5 km) or 70 percent of it falls within the areas considered in 
this proposed critical habitat designation.
    (2) Food resources. Abundant food resources including bacterial and 
diatom films, crustose coralline algae, and a source of detrital 
macroalgae, are required for growth and survival of all stages of black 
abalone. From post-larval metamorphosis to a size of about 20 mm, black 
abalone consume microbial and possibly diatom films (Leighton, 1959; 
Leighton and Boolootian, 1963; Bergen, 1971) and crustose coralline 
algae. At roughly 20 mm black abalone begin feeding on both attached 
macrophytes and pieces of drift plants cast into the intertidal zone by 
waves and currents. The primary macroalgae consumed by juvenile and 
adult black abalone are giant kelp (Macrocystis pyrifera) and feather 
boa kelp (Egregia menziesii) in southern California (i.e., south of 
Point Conception) habitats, and bull kelp (Nereocystis leutkeana) in 
central and northern California habitats (i.e., north of Santa Cruz). 
Southern sea palm (Eisenia arborea), elk kelp (Pelagophycus porra), 
stalked kelp (Pterygophora californica), and other brown kelps 
(Laminaria sp.) may also be consumed by black abalone.
    (3) Juvenile settlement habitat. Rocky intertidal habitat 
containing crustose coralline algae and crevices or cryptic biogenic 
structures (e.g., urchins, mussels, chiton holes, conspecifics, 
anemones) is important for successful larval recruitment and juvenile 
growth and survival of black abalone less than approximately 25 mm 
shell length. The presence of adult abalone may facilitate larval 
settlement and metamorphosis, because adults may: (1) Promote the 
maintenance of substantial substratum cover by crustose coralline algae 
by grazing other algal species that could compete with crustose 
coralline algae; and/or (2) outcompete encrusting sessile invertebrates 
(e.g., tube worms and tube snails) for space on rocky substrates 
thereby promoting the growth of crustose coralline algae and settlement 
of larvae; and/or (3) emit chemical cues necessary to induce larval 
settlement (Miner et al., 2006; Toonen and Pawlick, 1994). Increasing 
partial pressure of CO2 may decrease calcification rates of 
coralline algae,

[[Page 59904]]

thereby reducing their abundance and ultimately affecting the survival 
of newly settled black abalone (Feely et al., 2004; Hall-Spencer et 
al., 2008). Laboratory experiments have shown that the presence of 
pesticides (e.g., dichlorodiphenyltrichloroethane (DDT), 2,4-
dichlorophenoxyacetic acid (2,4-D), methoxychlor, dieldrin) interfered 
with larval settlement of abalone because the chemical cues emitted by 
coralline algae and its associated diatom films which trigger abalone 
settlement are blocked (Morse et al., 1979), and the pesticide 
oxadiazon was found to severely reduce algal growth (Silver and Riley, 
2001). We are not aware of additional information regarding processes 
that mediate crustose coralline algae abundance and solicit the public 
for more information on this topic.
    (4) Suitable water quality. Suitable water quality includes 
temperature, salinity, pH, and other chemical characteristics necessary 
for normal settlement, growth, behavior, and viability of black 
abalone. The biogeographical water temperature range of black abalone 
is from 12 to 25 [deg]C, but they are most abundant in areas where the 
water temperature ranges from 18 to 22 [deg]C (Hines et al., 1980). 
There is increased mortality due to WS during periods following 
elevated sea surface temperature (Raimondi et al., 2002). The CHRT did 
not consider the presence of the bacteria that causes WS when 
evaluating the condition of this PCE because it is thought to be 
present throughout a large portion of the species' current range 
(greater than 60 percent), including all coastal specific areas south 
of Monterey County, CA and the Farallon Islands (J. Moore, pers. 
comm.). Instead the CHRT relied on sea surface temperature information 
to evaluate water quality in terms of disease virulence, recognizing 
that elevated sea surface temperatures are correlated with increased 
rates of WS transmission and manifestation in abalone. Elevated levels 
of contaminants (e.g., copper, oil, polycyclic aromatic hydrocarbon 
(PAH) endocrine disrupters, persistent organic compounds (POC)) can 
cause mortality of black abalone. In 1975, toxic levels of copper in 
the cooling water effluent of a nuclear power plant near Diablo Canyon, 
California, were associated with abalone mortalities in a nearshore 
cove that received significant effluent flows (Shepherd and Breen, 
1992; Martin et al., 1977). As mentioned above for the Juvenile 
settlement habitat PCE, laboratory experiments have shown that the 
presence of some pesticides interfere with larval settlement of abalone 
(Morse et al., 1979) and severely reduce algal growth (Silver and 
Riley, 2001). We are not aware of other studies that have established 
direct and indirect links between currently used pesticides and effects 
on black abalone habitat quality and solicit the public for more 
information on this topic. The suitable salinity range for black 
abalone is from 30 to 35 parts per thousand (ppt), and the suitable pH 
range is 7.5-8.5. Ocean pH values that are outside of the normal range 
for seawater (i.e., pH less than 7.5 or greater than 8.5; https://www.marinebio.net/marinescience/02ocean/swcomposition.htm) may cause 
reduced growth and survivorship in abalone as has been observed in 
other marine gastropods (Shirayama and Thornton, 2005). Specifically, 
with increasing uptake of atmospheric CO2 by the ocean, the 
pH of seawater becomes more acidic, which may decrease calcification 
rates in marine organisms and result in negative impacts to black 
abalone in at least two ways: (1) Disrupting an abalone's ability to 
maintain and grow its protective shell; and/or (2) reducing abundance 
of coralline algae (and associated diatom films and bacteria), a 
calcifying organism that may mediate settlement through chemical cues 
and support and provide food sources for newly settled abalone (Feely 
et al., 2004; Hall-Spencer et al., 2008).
    (5) Suitable nearshore circulation patterns. Suitable circulation 
patterns are those that retain eggs, sperm, fertilized eggs and ready-
to-settle larvae enough so that successful fertilization and settlement 
to suitable habitat can take place. Nearshore circulation patterns are 
controlled by a variety of factors including wind speed and direction, 
current speed and direction, tidal fluctuation, geomorphology of the 
coastline, and bathymetry of subtidal habitats adjacent to the 
coastline. Anthropogenic activities may also have the capacity to 
influence nearshore circulation patterns (e.g., intake pipes, sand 
replenishment, dredging, in water construction, etc.). These factors, 
in combination with the early life history dynamics of black abalone, 
may influence retention or dispersal rates of eggs, sperm, fertilized 
eggs and ready-to-settle larvae (Siegel et al., 2008). Given that black 
abalone gamete and larval durations are relatively short, larvae have 
little control over their position in the water column, and ready-to-
settle larvae require shallow, intertidal habitat for settlement. 
Forces that disperse larvae offshore (i.e., by distances on the order 
of greater than tens of kilometers) may decrease the likelihood that 
abalone larvae will successfully settle to suitable habitats. However, 
retention of larvae inshore due to bottom friction and minimal 
advective flows near kelp beds (the ``sticky water'' phenomenon; 
Wolanski and Spagnol, 2000; Zeidberg and Hamner, 2002) may increase the 
likelihood that larvae will successfully settle to suitable habitats.

Geographical Area Occupied by the Species and Specific Areas Within the 
Geographical Area Occupied

    One of the first steps in the critical habitat designation process 
is to define the geographical area occupied by the species at the time 
of listing and to identify specific areas, within this geographically 
occupied area, that contain at least one PCE that may require special 
management considerations or protection. In the January 2009 final ESA 
listing rule, the range of black abalone was defined to extend from 
Crescent City (Del Norte County, California) to Cape San Lucas, Baja 
California, Mexico, including all offshore islands. The northern and 
southern extent of the range was determined based on museum specimens 
collected more than 10 years prior to the listing of the species 
(Geiger, 2004). Because this range was based on dated records, and 
because we cannot designate critical habitat in areas outside of the 
United States (see 50 CFR 424.12(h)), the CHRT reconsidered the scope 
of the current (i.e., at the time of the final ESA listing) occupied 
range of black abalone. The CHRT examined data from ongoing monitoring 
studies along the California coast (Neuman et al., in press) and 
literature references to determine that, within the United States, the 
geographical area currently occupied by black abalone extends from the 
Del Mar Landing Ecological Reserve in Sonoma County, California, to 
Dana Point, Orange County, California, on the mainland and includes the 
Farallon Islands, A[ntilde]o Nuevo Island, and all of the California 
Channel Islands. The CHRT noted that there are pockets of unoccupied 
habitat within this broader area of occupation (NMFS, 2010c). Within 
this geographically occupied area, black abalone typically inhabit 
coastal and offshore island rocky intertidal habitats from MHHW to 
depths of 6 m (Leighton, 2005). The CHRT then identified ``specific 
areas'' within the geographical area occupied by the species that may 
be eligible for critical habitat designation under the ESA. For an 
occupied specific area to be eligible for designation it must contain 
at least one PCE that may require special management considerations or

[[Page 59905]]

protection. For each occupied specific area, the CHRT reviewed the 
available data regarding black abalone presence and verified that each 
area contained one or more PCE(s) that may require special management 
considerations or protection. The CHRT determined that for all specific 
areas, unless otherwise noted, MHHW delineates the landward boundary, 
and the 6 m bathymetric contour delineates the seaward boundary. The 
CHRT also agreed to consider naturally occurring geomorphological 
formations and size (i.e., area) to delineate the northern and southern 
boundaries of the specific areas. The CHRT intentionally aimed to 
delineate specific areas of similar sizes in order to minimize biases 
in the economic cost estimates for the specific areas.
    The CHRT scored and rated the relative conservation value of each 
occupied specific area. Areas rated as ``High'' were deemed to have a 
high likelihood of promoting the conservation of the species. Areas 
rated as ``Medium'' or ``Low'' were deemed to have a moderate or low 
likelihood of promoting the conservation of the species, respectively. 
The CHRT considered several factors in assigning the conservation value 
ratings, including the PCEs present, the condition of the PCEs, and the 
historical, present, and potential future use of the area by black 
abalone. These factors were scored by the CHRT and summed to generate a 
total score for each specific area, which was considered in the CHRT's 
evaluation and assignment of the final conservation value ratings. The 
draft biological report (NMFS, 2010c; available via our Web site at 
https://swr.nmfs.noaa.gov, via the Federal eRulemaking Web site at 
https://www.regulations.gov, or upon request--see ADDRESSES) describes 
in detail the methods used by the CHRT in their assessment of the 
specific areas and provides the biological information supporting the 
CHRT's assessment as well as the final conservation value ratings and 
justifications. The following paragraphs provide a brief description of 
the presence and distribution of black abalone within each area, 
additional detail regarding the CHRT's methods for delineating the 
specific areas, and the justification for assigning conservation 
scores. The following paragraphs also provide a brief description of 
the activities within each area that may threaten the quality of the 
PCEs, which are discussed in more detail in the Special Management 
Considerations or Protection section below and the draft economic 
report (NMFS, 2010a). Activities that exacerbate global climate change 
(most notably fossil fuel combustion, which contributes to an increase 
in atmospheric CO2 levels and subsequent sea level rise, sea 
surface temperature elevation, and ocean acidification) were identified 
as a concern for all of the specific areas. The Black Abalone Proposed 
Critical Habitat Designation maps below, as well as the draft 
biological report (NMFS, 2010c), show the location of each specific 
area considered for designation.
    Specific Area 1. Specific Area 1 includes the rocky intertidal 
habitat from the Del Mar Landing Ecological Reserve to Bodega Head in 
Sonoma County, California. Bodega Head is a small peninsula that 
creates a natural barrier between it and the coastline that lies to the 
east and south. In addition, the geological origin of Bodega Head 
differs from that of the coastline to the east and south of it. For 
these reasons, this location was chosen to delineate the southern 
boundary of Specific Area 1. Based on the limited historical data 
available for this area (Geiger 2003, State Water Resources Control 
Board 1979, J. Sones pers. comm.), black abalone were encountered 
occasionally in some locations. Black abalone have been present in this 
area in low numbers since the Partnership for Interdisciplinary Studies 
of Coastal Oceans (PISCO) began its long-term intertidal sampling 
program in the early 2000s. Black abalone are currently considered to 
be rare (i.e., difficult to find with some search effort and rarely 
seen at sampling sites; J. Sones pers. comm.), and the CHRT expressed 
uncertainty regarding the area's ability to support early life stages 
of black abalone because historical and current data are lacking. 
However, the presence of good to excellent quality rocky substrate 
(e.g., 87 percent of rocky substrate available is consolidated), food 
resources, and water quality (Water Quality Control Board, 1979) and 
fair to good settlement habitat led the CHRT to conclude that the area 
could support a larger black abalone population comprised of multiple 
size classes. There are several activities occurring within this area 
that may threaten the quality of the PCEs including waste-water 
discharge, agricultural pesticide application and irrigation, 
construction and operation of tidal and wave energy projects, and 
activities that exacerbate global climate change (e.g., fossil fuel 
combustion). This area is at the limit of the species' northern range, 
which may explain the rarity of black abalone here, but it is also one 
of the few areas along the California coast that has not yet been 
affected by WS. The CHRT was of the opinion that the area could support 
higher densities and multiple size classes of black abalone in the 
future if habitat changes (e.g., sea surface temperature rise) render 
it more suitable for promoting population growth. Thus, the CHRT scored 
the conservation value of this area as ``High.''
    Specific Area 2. Specific Area 2 includes rocky intertidal habitat 
from Bodega Head in Sonoma County, California, to Point Bonita in Marin 
County, California. Point Bonita was chosen to delineate the southern 
boundary of this specific area because it sits at the southern point of 
the Marin Headlands, the final promontory encountered as one moves 
south along the coast before reaching the entrance to San Francisco 
Bay. Historical presence of black abalone within this area is limited, 
but in locations where black abalone were observed, they were 
considered rare (Light, 1941; Chan, 1980; S. Allen, pers. comm.). Since 
the mid-2000s, Point Reyes National Seashore and Golden Gate National 
Recreation Area staff have observed black abalone at several locations, 
but their qualitative abundance is considered to be rare (see 
definition of rare above). This area contains good to excellent quality 
consolidated rocky substrate (e.g., 71 percent of rocky substrate 
available is consolidated), food resources, and water quality, and fair 
to good settlement habitat, but as with Specific Area 1 above, the area 
is at the limit of the species' northern range, which may explain its 
rarity. There are several activities occurring within this area that 
may threaten the quality of the PCEs, including: sand replenishment, 
waste-water discharge, coastal development, non-native species 
introduction and management, activities that exacerbate global climate 
change, and agricultural pesticide application and irrigation. This 
area is at the limit of the species' northern range, which may explain 
the rarity of black abalone here, but it is also one of the few areas 
along the California coast that has not yet been affected by WS. The 
CHRT was of the opinion that the area could support higher densities 
and multiple size classes of black abalone in the future if habitat 
changes (e.g., sea surface temperature rise) render it more suitable 
for promoting population growth. Thus, the CHRT scored the conservation 
value of this area as ``High.''
    Specific Area 3. Specific Area 3 includes the rocky intertidal 
habitat surrounding the Farallon Islands, San Francisco County, 
California. This area is a group of islands and rocks found in

[[Page 59906]]

the Gulf of the Farallones, 27 miles (43 km) west of the entrance to 
San Francisco Bay and 20 miles (32 km) south of Point Reyes. The 
islands are a National Wildlife Refuge and are currently managed by the 
USFWS, in conjunction with the Point Reyes Bird Observatory 
Conservation Science. The waters surrounding the islands are part of 
the Gulf of the Farallones National Marine Sanctuary. Historical 
presence of black abalone in intertidal habitats surrounding the 
Farallon Islands was noted in the late 1970s (Farallones Research 
Group, 1979) and again in the early 1990s (E. Ueber, unpublished data). 
Black abalone have been observed in Specific Area 3 during limited 
surveys conducted during the past 5 years, and researchers have 
confirmed that all of the PCEs are present and of good to excellent 
quality, and adverse impacts due to anthropogenic activities on these 
isolated islands are relatively low. However, the CHRT expressed 
concern over the following activities that may affect habitat features 
important for black abalone conservation and recovery, including: 
waste-water discharge, agricultural pesticide application and 
irrigation, and activities that exacerbate global climate change. The 
CHRT scored the conservation value of this area as ``High.''
    Specific Area 4. Specific Area 4 extends from the land mass framing 
the southern entrance to San Francisco Bay to Moss Beach, San Mateo 
County, California, and includes all rocky intertidal habitat within 
this area. There is limited historical and current information 
regarding black abalone occurrence and abundance along this stretch of 
the coast. At the one site where black abalone were noted historically, 
they were considered to be rare (Light, 1941). PISCO, Point Reyes 
National Seashore and Golden Gate National Recreation Area researchers 
found ten individuals within this specific area during limited surveys 
conducted since 2007. The CHRT considered the PCEs within the area to 
be of fair to good quality. While the CHRT was uncertain about this 
area's ability to support early life stages because data are lacking, 
it was more confident that the area can support the long-term survival 
of juveniles and adults based on several lines of evidence from 
historical records (Light, 1941, J. Sones, pers. comm..; M. Wilson, 
pers. comm.). The CHRT noted that the following activities may threaten 
the quality of the PCEs within this specific area: Sand replenishment, 
waste-water discharge, coastal development, agricultural pesticide 
application and irrigation, non-native species introduction and 
management, oil and chemical spills and clean-up, and activities that 
exacerbate global climate change. The CHRT scored the conservation 
value of this area as ``Medium.''
    Specific Area 5. Specific Area 5 includes rocky intertidal habitat 
from Moss Beach to Pescadero State Beach, San Mateo County, California. 
This area was considered separately from Specific Area 4, even though 
each area alone is smaller in size compared to the majority of the 
other specific areas. The reasons for separate consideration were that: 
(1) The CHRT team viewed the PCEs in Specific Area 5 as being of lower 
quality overall than those contained within Specific Area 4; and (2) 
the level of certainty the CHRT had in evaluating the conservation 
value of Specific Area 4 was higher than that for Specific Area 5. The 
CHRT recognized that all of the PCEs were present in the area and their 
current quality ranged from poor to good. The CHRT expressed a high 
degree of uncertainty regarding the area's ability to support early 
life stages and long-term survival of juveniles and adults because the 
area has not been adequately studied. Since the species was listed in 
2009, only one survey has been conducted by Reyes National Seashore and 
Golden Gate National Recreation Area researchers. One black abalone was 
identified during this survey. Waste-water discharge, oil and chemical 
spills and clean-up, and activities that exacerbate global climate 
change may compromise the quality of the PCEs within this specific 
area. The CHRT scored the conservation value of this area as 
``Medium,'' recognizing that it lies to the north of areas that have 
experienced population declines, and thus the habitat in this area may 
still provide a refuge from the devastating effects of WS.
    Specific Area 6. Specific Area 6 includes the rocky intertidal 
habitat surrounding A[ntilde]o Nuevo Island, San Mateo County, 
California. The island lies 50 miles (74 km) south of San Francisco Bay 
and, two hundred years ago, it was connected to the mainland by a 
narrow peninsula. Today it is separated from the mainland by a channel 
that grows wider with each winter storm. A[ntilde]o Nuevo Island is 
managed by the University of California Santa Cruz's Long Marine 
Laboratory under an agreement with the California Department of Parks 
and Recreation. The A[ntilde]o Nuevo Island Reserve, including the 
island and surrounding waters, comprises approximately 25 of the 4,000 
acres (10 of 1,600 ha) of the A[ntilde]o Nuevo State Reserve, the rest 
of which is on the mainland opposite the island. Black abalone were 
common in intertidal habitats surrounding the island during surveys 
conducted from 1987-1995, with mean densities ranging from 6-8 per m\2\ 
(Tissot, 2007; VanBlaricom et al., 2009). To our knowledge, the island 
has not been surveyed for black abalone since that time. The CHRT 
verified that good to excellent quality rocky substrate, food 
resources, and water quality, and fair to good settlement habitat exist 
at A[ntilde]o Nuevo Island, but expressed uncertainty regarding whether 
the area currently supports early life stages and long-term survival of 
juveniles and adults. The impact of global climate change on the 
habitat features important to black abalone was the only concern 
identified within this specific area. The CHRT scored the conservation 
value of this area as ``High.''
    Specific Area 7. Specific Area 7 includes the rocky intertidal 
habitat from Pescadero State Beach, San Mateo County, California, to 
Natural Bridges State Beach, Santa Cruz County, California. Situated to 
the north of Monterey Bay, Natural Bridges State Beach marks the last 
stretch of rocky intertidal habitat before reaching the primarily fine-
to medium-grained sand beaches of Monterey Bay (https://www.sanctuarysimon.org/monterey/sections/beaches/b_overview_map.php). 
Historical data are limited, but the information available suggests 
that black abalone were common at a couple of sites within this 
specific area in the late 1970s and early 1980s (Water Quality Control 
Board, 1979; J. Pearse, pers. comm.) and rare at the majority of sites 
(Water Quality Control Board, 1979; J. Pearse, pers. comm.). PISCO 
began intertidal black abalone surveys in this area in 1999 and, at 
that time, qualitative abundance ranged from rare to common, depending 
on the specific site. Sampling by PISCO within the last 5 years 
indicates that black abalone are present and common at about 50 percent 
of the sites within this area, but that abundance may be declining at a 
few of these sites. At the other sites, black abalone are either 
present, but rare, or completely absent. The CHRT confirmed that all of 
the PCEs are present and of good to excellent quality here. PISCO data 
(Raimondi et al., 2002; Tissot, 2007) provide evidence that the area 
supports early life stages (i.e., small individuals (< 30mm) are 
present currently; see definition in NMFS, 2010c) and long-term 
survival of juveniles and adults (i.e., there is stable or increasing 
abundance, and multiple

[[Page 59907]]

size classes of black abalone evident in length-frequency 
distributions; see definition in NMFS, 2010c). The CHRT identified the 
following activities that may threaten the quality of habitat features 
essential to black abalone within this area: Sand replenishment, waste-
water discharge, coastal development, sidecasting (i.e., the piling of 
excavated dirt on the edge of a ditch or elsewhere in a wetland or 
other water body because of road maintenance), agricultural pesticide 
application and irrigation, oil and chemical spills and clean-up, 
construction and operation of desalination plants, vessel grounding, 
non-native species introduction and management, kelp harvesting, and 
activities that exacerbate global climate change. The CHRT scored the 
conservation value of this area as ``High.''
    Specific Area 8. Specific Area 8 includes rocky intertidal habitats 
from Pacific Grove to Prewitt Creek, Monterey County, California. 
Pacific Grove marks the first stretch of rocky intertidal habitat to 
the south of the fine-to medium-grained sand beaches of Monterey Bay 
(https://www.sanctuarysimon.org/monterey/sections/beaches/b_overview_map.php). In order to keep the size of this area comparable to other 
specific areas, Prewitt Creek was chosen to delineate its southern 
boundary. Surveys conducted prior to 2004 indicated that black abalone 
encompassing a range of sizes were present and common at all of the 
sampled sites within this area (Water Quality Control Board, 1979; 
Raimondi et al., 2002; Tissot, 2007). More recent information gathered 
within the last 5 years by PISCO indicates that black abalone 
encompassing a range of sizes remain at all sites sampled and are 
considered common at 93 percent of the sites. The CHRT confirmed that 
all of the PCEs are present and of good to excellent quality, but may 
be threatened by waste-water discharge, coastal development, 
agricultural pesticide application and irrigation, oil and chemical 
spills and clean-up, construction and operation of desalination plants, 
kelp harvesting, and activities that exacerbate global climate change. 
PISCO data (Raimondi et al., 2002; Tissot, 2007) provide evidence that 
the area supports early life stages and long-term survival of juveniles 
and adults (see NMFS, 2010c for details). The CHRT scored the 
conservation value of this area as ``High.''
    Specific Area 9. Specific Area 9 includes rocky intertidal habitats 
from Prewitt Creek, Monterey County, California to Cayucos, San Luis 
Obispo County, California. Situated on the northern edge of Estero Bay, 
Cayucos marks the last stretch of rocky intertidal habitat before 
reaching the primarily fine-to medium-grained sand beaches of Estero 
Bay. PISCO and the University of California Santa Cruz (UCSC) 
established long-term monitoring sites within this area between 1995 
and 2008. Surveys conducted prior to 2004 indicated that black abalone 
of a range of sizes were present and common at all but one of the sites 
surveyed within this area (Water Quality Control Board, 1979; Raimondi 
et al., 2002; Tissot, 2007). More recent information gathered by PISCO 
and UCSC indicates that black abalone of a range of sizes are present 
at all sites within the area and are commonly found at 57 percent of 
the sites, occasionally found with some search effort at 14 percent of 
the sites, and rarely found at 29 percent of the sites. The CHRT 
confirmed that all of the PCEs are present and of good to excellent 
quality. The area supports early life stages and long-term survival of 
juveniles and adults (see NMFS, 2010c for details). However, the CHRT 
also noted that PISCO researchers have reported recent population 
declines at 57 percent of the sites sampled within this area and in at 
least one site, the population decline has been severe. Activities that 
may threaten the habitat features important for black abalone 
conservation are: waste-water discharge, agricultural pesticide 
application and irrigation, oil and chemical spills and clean-up, 
construction and operation of desalination plants, kelp harvesting, and 
activities that exacerbate global climate change. The CHRT scored the 
conservation value of this area as ``High.''
    Specific Area 10. Specific Area 10 includes rocky intertidal 
habitats from Monta[ntilde]a de Oro State Park in San Luis Obispo 
County, California, to just south of Government Point, Santa Barbara 
County, California. Monta[ntilde]a de Oro State Park is the first 
stretch of rocky intertidal habitat encountered to the south of the 
sandy beaches of Estero Bay, thus it was chosen to delineate the 
northern boundary of this specific area. The southern boundary of this 
area, Government Point, is where the Santa Barbara Channel meets the 
Pacific Ocean, the mostly north-south trending portion of coast 
transitions to a mostly east-west trending part of the coast, and a 
natural division between Southern and Central California occurs. For 
these reasons, it was chosen as the southern boundary of this specific 
area. Historical data indicates that black abalone were present at 100 
percent of the sites sampled within this specific area and that they 
were considered to be common at a majority of the sites sampled 
(Raimondi et al., 2002; Tissot, 2007). PISCO and UCSC established long-
term monitoring sites within this area between 1992 and 2007, and, 
within the last 5 years, population declines have been noted at most 
locations within this specific area, with local extinction occurring in 
at least one sampling site. Despite declines in abundance and lack of 
evidence of recent recruitment in this specific area, the CHRT 
confirmed that the PCEs range from fair to excellent quality along this 
stretch of the California coast. The CHRT identified several activities 
that may threaten the quality of the PCEs within this specific area, 
including: in-water construction, waste-water discharge, coastal 
development, agricultural pesticide application and irrigation, 
construction and operation of power generating and desalination plants, 
mineral and petroleum exploration and extraction, non-native species 
introduction and management, kelp harvesting and activities that 
exacerbate global climate change. The CHRT scored the conservation 
value of this area as ``High.''
    Specific Area 11. Specific Area 11 includes rocky intertidal 
habitats surrounding the Palos Verdes Peninsula and extends from the 
Palos Verdes/Torrance border to Los Angeles Harbor in southwestern Los 
Angeles County, California. This small peninsula is one of only two 
areas within Santa Monica Bay that contain intertidal and subtidal 
rocky substrate suitable for supporting black abalone. The limited 
extent of rocky intertidal habitat is what defines the northern and 
southern boundaries of this specific area. Long-term intertidal 
monitoring on the Peninsula conducted by the California State 
University Long Beach (CSULB) and the Cabrillo Marine Aquarium began in 
1975, and, at that time, densities ranged from 2 to 7 per m\2\. 
Densities declined throughout the 1980s, and by the 1990s black abalone 
were locally extinct at a majority of sampling sites within the area. 
Good to high quality rocky substrate and food resources and fair to 
good settlement habitat persist within this area, which led to the 
CHRT's conclusion that this area is of ``Medium'' conservation value. 
The CHRT recognized that water quality within this area is in poor 
condition. Unlike the majority of the other areas where significant 
declines in black abalone abundance have been observed, declines in 
this area occurred prior to the onset of WS and have been attributed to 
the combined effects of significant El Ni[ntilde]o events and poor

[[Page 59908]]

water quality resulting from large-volume domestic sewage discharge by 
Los Angeles County during the 1950s and 1960s (Leighton, 1959; Cox, 
1962; Young, 1964; Miller and Lawrenz-Miller, 1993). From the mid-1970s 
to 1997, however, improved wastewater treatment processes resulted in 
an 80 percent reduction in the discharge of total suspended solids from 
the White Point outfall. That, along with kelp replanting efforts in 
the 1970s, resulted in a remarkable increase in the kelp canopy from a 
low of 5 acres (2 hectares) in 1974 to a peak of more than 1,100 acres 
(445 hectares) in 1989. More recently, erosion and sedimentation have 
threatened the kelp beds off the Palos Verdes Peninsula. Since 1980, an 
active landslide at Portuguese Bend on the Palos Verdes Peninsula has 
supplied more than seven times the suspended solids as the Whites Point 
outfall (LACSD, 1997). Currently, there is no evidence that this area 
supports recruitment, and, given the extremely low numbers of juveniles 
and adults, it is suspected that the area does not support long-term 
persistence of this population (Miller and Lawrenz-Miller, 1993; J. 
Kalman and B. Allen, pers. comm.). However, because many of the habitat 
features important to black abalone are still present and are in fair 
to excellent condition, the CHRT scored the conservation value of this 
area as ``Medium.'' The activities that may threaten the habitat 
features important to the conservation of black abalone are sand 
replenishment, waste-water management, non-native species introduction 
and management, kelp harvesting, and activities that exacerbate global 
climate change.
    Specific Area 12. Specific Area 12 includes rocky intertidal 
habitats from Corona Del Mar State Beach to Dana Point in Orange 
County, California. The limited extent of rocky intertidal habitat is 
what defines the northern and southern boundaries of this specific 
area. Historical information for this area indicates that black abalone 
were present along this stretch of coastline, and limited abundance 
information suggests densities of <1 per m\2\ (Tissot, 2007; S. Murray, 
pers. comm.) in the late 1970s and early 1980s. Thus, there is 
uncertainty regarding whether these populations were viable at that 
time. By 1986, local extinction of black abalone at one sampling 
location within this specific area was reported (Tissot, 2007). The 
University of California Fullerton began monitoring four sites within 
this area in 1996, and no black abalone have been observed at these 
locations within the last 5 years. A putative black abalone was 
observed at one additional location in January, 2010. The area contains 
rocky substrate (88 percent of rocky substrate is consolidated) and 
food resources that are in fair to good condition, but settlement 
habitat and water quality are in poor to fair condition. Abundance of 
crustose coralline algae is limited in the rocky intertidal area and 
the extirpation of abalone from the habitat has resulted in a shift in 
its biogenic structure, rendering the area less suitable for settling 
abalone larvae. Water quality may be tainted by waste-water discharge, 
agricultural