Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List the Queen Conch as Threatened or Endangered Under the Endangered Species Act, 51763-51767 [2012-21090]
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices
51763
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Northern California steelhead (O.
mykiss), and threatened California
Coastal Chinook Salmon (O.
tshawytscha).
RIN 0648–XC173
Permit 14513
[Docket No. 1206013478–2342–02; 0648–
XB140]
Endangered and Threatened Species;
Take of Anadromous Fish
A notice of the receipt of an
application for a scientific research
permit (14513) was published in the
Federal Register on December 8, 2010
(75 FR 76400–76401). After publication
of the notice of receipt, Dr. Carlson
expanded her research program to
include study sites in the Eel River
watershed. Since the Eel River
watershed and associated take of salmon
and steelhead were not included in the
previous application that already went
through the public comment period,
NMFS published another notice of
receipt in the Federal Register on June
7, 2012 (77 FR 33717–33718).
Permit 14513 is for research to be
conducted in the Lagunitas Creek
watershed in Marin County, the
Pescadero Creek watershed in San
Mateo County, and the Eel River
watershed in Humboldt and Mendocino
counties, California. The main purpose
of the research is to conduct research
on, and monitor salmon populations in
these watersheds. Permit 14513
authorizes capturing (backpack
electrofisher, traps, seine, dip net, hook
and line), observing (snorkel surveys),
anesthetizing, handling (identify,
measure, weigh), marking (Passive
Integrated Transponder tags, fin clips),
sample (scales, gastric lavage, otolith),
and release of Central California Coast
(CCC) coho salmon, Southern Oregon/
Northern California Coast (SONCC)
coho salmon, Central California Coast
(CCC) steelhead, Northern California
(NC)steelhead, and California Coastal
(CC) Chinook Salmon, henceforth
referred to as ESA-listed salmonids.
Permit 14513 authorizes non-lethal
take and low levels of unintentional
lethal take of ESA-listed salmonids, as
well as adult carcasses of these species.
Permit 14513 does not authorize any
lethal take of ESA-listed salmonids
except for a limited number of
moribund CCC steelhead that may occur
in Pescadero Creek.
DEPARTMENT OF COMMERCE
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of a scientific research
permit.
AGENCY:
Notice is hereby given that
NMFS has issued Permit 14513 to Dr.
Stephanie Carlson of University of
California, Berkeley.
ADDRESSES: The approved application
for the permit is available on the
Applications and Permits for Protected
Species (APPS), https://
apps.nmfs.noaa.gov Web site by
searching the permit number within the
Search Database page. The application,
issued permit and supporting
documents are also available upon
written request or by appointment:
Protected Resources Division, NMFS,
777 Sonoma Avenue, Room 325, Santa
Rosa, California 95404 (ph: (707) 575–
6097, fax: (707) 578–3435).
FOR FURTHER INFORMATION CONTACT:
Jeffrey Jahn at 707–575–6097, or email:
Jeffrey.Jahn@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority
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The issuance of permits and permit
modifications, as required by the
Endangered Species Act of 1973 (16
U.S.C. 1531–1543) (ESA), is based on a
finding that such permits/modifications:
(1) Are applied for in good faith; (2)
would not operate to the disadvantage
of the listed species which are the
subject of the permits; and (3) are
consistent with the purposes and
policies set forth in section 2 of the
ESA. Authority to take listed species is
subject to conditions set forth in the
permits. Permits and modifications are
issued in accordance with and are
subject to the ESA and NMFS
regulations (50 CFR parts 222–226)
governing listed fish and wildlife
permits.
Species Covered in This Notice
This notice is relevant to federally
endangered Central California Coast
coho salmon (Oncorhyncus kisutch),
threatened Southern Oregon/Northern
California Coast coho salmon (O.
kisutch), threatened Central California
Coast steelhead (O. mykiss), threatened
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Dated: August 22, 2012.
Dwayne Meadows,
Acting Chief, Endangered Species Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2012–21091 Filed 8–24–12; 8:45 am]
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National Oceanic and Atmospheric
Administration
Endangered and Threatened Wildlife;
90-Day Finding on a Petition To List
the Queen Conch as Threatened or
Endangered Under the Endangered
Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Ninety-day petition finding,
request for information, and initiation of
status review.
AGENCY:
We, NMFS, announce a 90day finding on a petition to list the
queen conch (Strombus gigas) as
threatened or endangered and designate
critical habitat under the Endangered
Species Act (ESA). We find that the
petition and information in our files
present substantial scientific or
commercial information indicating that
the petitioned action may be warranted.
We will conduct a status review of the
species to determine if the petitioned
action is warranted. To ensure that the
status review is comprehensive, we are
soliciting scientific and commercial
information regarding this species (see
below).
SUMMARY:
Information and comments on
the subject action must be received by
October 26, 2012.
ADDRESSES: You may submit
information, identified by the code
0648–XB140, addressed to: Calusa Horn,
Natural Resource Specialist, by any of
the following methods:
• Electronic Submissions: Submit all
electronic information via the Federal
eRulemaking Portal https://
www.regulations.gov.
• Facsimile (fax): 727–824–5309.
• Mail: NMFS, Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701.
• Hand delivery: You may hand
deliver written information to our office
during normal business hours at the
street address given above.
Instructions: All information received
is a part of the public record and may
be posted to https://www.regulations.gov
without change. All personally
identifiable 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
DATES:
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information. We will accept anonymous
submissions. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, Corel WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Calusa Horn, NMFS, Southeast Region,
(727) 824–5312; or Marta Nammack,
NMFS, Office of Protected Resources,
(301) 427–8469.
On
February 27, 2012, we received a
petition from the WildEarth Guardians
to list queen conch (Strombus gigas) as
threatened or endangered under the
ESA. The petitioner also requested that
we designate critical habitat. The
petition states that the species is
declining and threatened with
extinction due to habitat degradation,
specifically, water pollution and
destruction of seagrass nursery habitat,
overutilization resulting from
commercial harvest, inadequacy of
existing regulatory mechanisms, and
other natural and manmade factors such
as, biological vulnerability, human
population growth, and synergistic
effects. Copies of this petition are
available from us (see ADDRESSES,
above) or at https://sero.nmfs.noaa.gov/
pr/ListingPetitions.htm.
SUPPLEMENTARY INFORMATION:
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ESA Statutory and Regulatory
Provisions and Evaluation Framework
Section 4(b)(3)(A) of the ESA of 1973,
as amended (U.S.C. 1531 et seq.),
requires, to the maximum extent
practicable, that within 90 days of
receipt of a petition to list a species as
threatened or endangered, the Secretary
of Commerce make a finding on whether
that petition presents substantial
scientific or commercial information
indicating that the petitioned action
may be warranted, and to promptly
publish such finding in the Federal
Register (16 U.S.C. 1533(b)(3)(A)). When
we find that substantial scientific or
commercial information in a petition
indicates the petitioned action may be
warranted (a ‘‘positive 90-day finding’’),
we are required to promptly commence
a review of the status of the species
concerned during which we will
conduct a comprehensive review of the
best available scientific and commercial
information. In such cases, we are to
conclude the review with a finding as to
whether, in fact, the petitioned action is
warranted within 12 months of receipt
of the petition. Because the finding at
the 12-month stage is based on a more
thorough review of the available
information, as compared to the narrow
scope of review at the 90-day stage, a
‘‘may be warranted’’ finding does not
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prejudge the outcome of the status
review.
Under the ESA, a listing
determination may address a ‘‘species,’’
which is defined to also include
subspecies and, for any vertebrate
species, any distinct population
segment (DPS) that interbreeds when
mature (16 U.S.C. 1532(16)). A joint
NOAA–U.S. Fish and Wildlife Service
(USFWS) policy clarifies the agencies’
interpretation of the phrase ‘‘distinct
population segment’’ for the purposes of
listing, delisting, and reclassifying a
species under the ESA (‘‘DPS Policy’’;
61 FR 4722; February 7, 1996). A
species, subspecies, or DPS is
‘‘endangered’’ if it is in danger of
extinction throughout all or a significant
portion of its range, and ‘‘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; 16
U.S.C. 1532(6) and (20)). Pursuant to the
ESA and our implementing regulations,
we determine whether species are
threatened or endangered because of
any one or a combination of the
following five section 4(a)(1) factors: the
present or threatened destruction,
modification, or curtailment of habitat
or range; overutilization for commercial,
recreational, scientific, or educational
purposes; disease or predation;
inadequacy of existing regulatory
mechanisms; and any other natural or
manmade factors affecting the species’
existence (16 U.S.C. 1533(a)(1), 50 CFR
424.11(c)).
ESA-implementing regulations issued
jointly by NMFS and USFWS (50 CFR
424.14(b)) define ‘‘substantial
information’’ in the context of reviewing
a petition to list, delist, or reclassify a
species as the amount of information
that would lead a reasonable person to
believe that the measure proposed in the
petition may be warranted. In evaluating
whether substantial information is
contained in a petition, the Secretary
must consider whether the petition: (1)
Clearly indicates the administrative
measure recommended and gives the
scientific and any common name of the
species involved; (2) contains detailed
narrative justification for the
recommended measure, describing,
based on available information, past and
present numbers and distribution of the
species involved and any threats faced
by the species; (3) provides information
regarding the status of the species over
all or a significant portion of its range;
and (4) is accompanied by the
appropriate supporting documentation
in the form of bibliographic references,
reprints of pertinent publications,
copies of reports or letters from
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authorities, and maps (50 CFR
424.14(b)(2)).
Court decisions clarify the
appropriate scope and limitations of the
Services’ review of petitions at the 90day finding stage, in making a
determination whether a petitioned
action ‘‘may be’’ warranted. As a general
matter, these decisions hold that a
petition need not establish a ‘‘strong
likelihood’’ or a ‘‘high probability’’ that
a species is either threatened or
endangered to support a positive 90-day
finding.
We evaluate the petitioner’s request
based upon the information in the
petition including its references, and the
information readily available in our
files. We do not conduct additional
research, and we do not solicit
information from parties outside the
agency to help us in evaluating the
petition. We will accept the petitioner’s
sources and characterizations of the
information presented, if they appear to
be based on accepted scientific
principles, unless we have specific
information in our files that indicates
the petition’s information is incorrect,
unreliable, obsolete, or otherwise
irrelevant to the requested action.
Information that is susceptible to more
than one interpretation or that is
contradicted by other available
information will not be dismissed at the
90-day finding stage, so long as it is
reliable and a reasonable person would
conclude it supports the petitioner’s
assertions. In other words, conclusive
information indicating the species may
meet the ESA’s requirements for listing
is not required to make a positive 90day finding. We will not conclude that
a lack of specific information alone
negates a positive 90-day finding, if a
reasonable person would conclude that
the unknown information itself suggests
an extinction risk of concern for the
species at issue.
To make a 90-day finding on a
petition to list a species, we evaluate
whether the petition presents
substantial scientific or commercial
information indicating the subject
species may be either threatened or
endangered, as defined by the ESA.
First, we evaluate whether the
information presented in the petition,
along with the information readily
available in our files, indicates that the
petitioned entity constitutes a ‘‘species’’
eligible for listing under the ESA. Next,
we evaluate whether the information
indicates that the species at issue faces
extinction risk that is cause for concern;
this may be indicated in information
expressly discussing the species’ status
and trends, or in information describing
impacts and threats to the species. We
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evaluate any information on specific
demographic factors pertinent to
evaluating extinction risk for the species
at issue (e.g., population abundance and
trends, productivity, spatial structure,
age structure, sex ratio, diversity,
current and historical range, habitat
integrity or fragmentation), and the
potential contribution of identified
demographic risks to extinction risk for
the species. We then evaluate the
potential links between these
demographic risks and the causative
impacts and threats identified in section
4(a)(1).
Information presented on impacts or
threats should be specific to the species
and should reasonably suggest that one
or more of these factors may be
operative threats that act or have acted
on the species to the point that it may
warrant protection under the ESA.
Broad statements about generalized
threats to the species, or identification
of factors that could negatively impact
a species, do not constitute substantial
information that listing may be
warranted. We look for information
indicating that not only is the particular
species exposed to a factor, but that the
species may be responding in a negative
fashion; then we assess the potential
significance of that negative response.
Queen Conch Species Description
The queen conch (Strombus gigas) is
a large gastropod mollusk belonging to
the Strombidae family. The queen conch
occurs throughout the Caribbean islands
and into the Gulf of Mexico, south
Florida, the Bahamas, and Bermuda,
and the northern coasts of Central and
South America (Davis, 2005). The
known distribution of the queen conch
includes 36 countries and dependent
territories (CITES, 2003). The queen
conch is the largest of the molluscan
gastropods with adults averaging 7–9
inches (shell length) in size, but can
grow to a maximum size of 12 inches
(Davis, 2005; NMFS, 2011). Queen
conch have an external, spiral-shaped
shell with a glossy pink or orange
interior (Davis, 2005; NOAA, 2011).
Queen conch are aged by shell length,
which is measured from the tip of spire
to the anterior edge of the shell. At
approximately 3 years of age, the shell
will begin to form a flared lip, which is
used to indicate the animal’s maturity
(Theile, 2001; Davis, 2005).
Reproductive maturity is related to the
development of the flared lip (SEDAR,
2007). The conch shell and flared lip
continue to grow as the animal ages
(NMFS, 2011).
Queen conch are believed to live up
to 30 years (McCarthy, 2007). Shell
morphology is highly plastic and habitat
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appears to exert a strong influence on
juvenile and adult morphology and
growth (Martin-Mora et al., 1995;
McCarthy, 2007). Queen conch graze on
a variety of species of algae and seagrass
detritus. Their preferred habitat types
are seagrass meadows, coral rubble,
algal plains, and sandy substrates
(McCarthy, 2007; SADAR, 2007), but
they are also encountered on rocky
habitats and on coral reefs (Theile,
2001). Queen conch occur at depths
ranging from a few centimeters to
greater than 100 meters; however,
densities decrease significantly below
30 meters due to light limitations that
are not conducive for the growth of their
food sources (i.e., algae and seagrass)
(Theile, 2001; SEDAR, 2007). Adults are
typically found at depths ranging from
10 to 30 meters (McCarthy, 2007).
Queen conch reach reproductive
maturity, though highly variable,
between 3 and 4 years of age or after the
shell has developed the flared lip
(Theile, 2001; Davis, 2005; McCarthy,
2007). It is widely believed that adult
queen conch migrate to shallow waters
to form large spawning aggregations.
However, Stoner et al., (1992) and
Glazer and Kidney (2004; as cited in
CITES, 2008) suggest that queen conch
migrate relatively little when habitats
provide for a variety of their functions
(e.g., forage, cover, reproduction).
Queen conch spawn from March
through October, with most activity
occurring during the warmest water
periods (i.e., July through September).
Fertilization is internal and females lay
an average of nine egg masses per
season; each mass contains
approximately 400,000 eggs (Davis,
2005). Larvae hatch after a 3 to 5 day egg
incubation period. Larvae are pelagic,
drifting on surface currents for 2 to 3
weeks, depending on phytoplankton
concentrations, temperature, and
proximity to appropriate nursery
habitat. Ocean currents and water
circulation can carry larvae over
significant distances and likely play an
important role in recruitment and
repopulation of depleted areas (Theile,
2001; Davis, 2005). It is generally
believed that larvae select specific
habitat types, preferring to settle in
clean shallow coastal waters containing
seagrass meadows and sandy substrate
(CFMC, 1996; Theile, 2001; Davis,
2005), although juvenile queen conch
have also been observed in a variety of
habitat types (i.e., algae covered hard
bottom, algae flats, deep banks, coral
rubbles, and seagrass meadows) (Stoner,
2003; Davis, 2005). During their first
year, larvae begin to metamorphose into
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the queen conch form (Theile, 2001;
Davis, 2005).
Analysis of the Petition
We have determined, based on the
information provided in the petition
and readily available in our files, that
the petition presented substantial
scientific or commercial information
indicating that the petitioned action
may be warranted. The petition contains
a detailed narrative justification for the
recommended measure, species
taxonomic description, geographic
distribution, preferred habitat
characteristics, population status and
trends, and threats contributing to the
species’ decline, and it is accompanied
by appropriate supporting
documentation. Below is a synopsis of
our analysis of the information provided
in the petition and readily available in
our files.
The petition states that the primary
threat to the queen conch is
overexploitation by fisheries. The queen
conch is commercially harvested in 25
countries throughout the Caribbean
region (Acosta, 2006). Queen conch
meat is mainly consumed as food, but
is also used as bait. Queen conch shells
are generally considered a by-product of
the fisheries and are discarded at sea,
though some are sold as jewelry or
curios (NMFS, 2011a). The United
States is the largest importer of queen
conch from the Caribbean, importing
approximately 78 percent of the queen
conch meat in international trade
(Davis, 2005), equaling approximately
2,000 to 2,500 tons of queen conch meat
annually (Theile, 2002; CITES, 2005).
The petition asserts that queen conch
annual landings have increased
substantially in order to meet growing
international demand. The petition
references queen conch landings from
several of the largest exporting countries
in the Caribbean region, stating that
Jamaica, Honduras, and the Dominican
Republic each declare approximately
1,000 tons of queen conch meat landed
annually; followed by the Bahamas and
Turks and Caicos which land
approximately 680 and 780 tons,
respectively (Theile, 2002; as cited by
the petition). For perspective, 4,500 tons
of conch meat is equivalent to
approximately 31 million individuals
(CITES, 2005). The petition also claims
that queen conch landings are ‘‘grossly
underestimated’’ because landings data
are limited and do not account for high
levels of illegal and unreported harvest.
Several citations caution that queen
conch landings are likely greater than
reported, referencing large scale foreign
poaching and illegal trade (i.e., at sea
transfer) by neighbouring territories and
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under-reported queen conch landings
(Theile, 2001; CITES, 2005; Aiken et al.,
2006; FAO, 2007).
The petitioner asserts that queen
conch is being harvested at
unsustainable levels, resulting in
population declines, stock collapses, as
well as recruitment and reproductive
failure. In the 1980s, increased
international demand and subsequent
commercial exploitation resulted in
several stocks being reduced to levels
where the populations can no longer
recover (Paris et al., 2008). The queen
conch trade is suspected to be
unsustainable in many Caribbean
countries, and illegal harvest, including
fishing of the species in foreign waters
and subsequent illegal international
trade, is believed to be a common and
widespread problem throughout the
Caribbean region (Theile, 2001; JesusNavarrete, 2003; CITES 2003, 2005;
Aiken et al., 2006). The petition outlines
specific population declines, stock
collapses, and total or temporary
closures of queen conch fisheries as a
result of overharvest in Bermuda, Cuba,
Colombia, Florida, Mexico, the
Netherlands Antilles, the U.S. Virgin
Islands, and Venezuela (CFMC, 1996;
Theile, 2001; CITES, 2003). In some
Caribbean countries, local queen conch
consumption is more significant than
the queen conch meat exports (CITES
2005; Erhardt and Valle-Esuivel, 2008).
The CITES significant trade review
suggested that population declines
throughout the Caribbean are primarily
the result of overfishing for domestic
and international markets, lack of
enforcement of regulations, and large
scale poaching by foreigners (CITES,
2003, 2005). The review also found that
intensive fishing pressure has led to
continued population declines resulting
in ‘‘densities so low that recruitment
failure is a risk to local fisheries in parts
of Belize, Colombia, the Dominican
Republic, Haiti, Honduras, Panama,
Puerto Rico, and the U.S. Virgin
Islands’’ (CITES, 2003, 2005).
The petitioner also claims that the
overfishing of queen conch populations
has led to population densities so low
that a mate finding Allee effect is
preventing recruitment and prohibiting
the species’ ability to recover from
overexploitation. The Allee effect occurs
when population growth is limited by
the reduced likelihood of finding a mate
due to low population densities. In
addition, the decrease in abundance of
reproductively mature adults (spawning
stock) can lead to reduced survival or
production of eggs causing depensation
issues. Animals, like the queen conch,
that require close proximity for
fertilization of eggs are particularly
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vulnerable to depensation problems
(Stoner et al. 2012). Stoner and RayCulp (2000) documented a mate-finding
Allee effect in queen conch populations
in the Bahamas, observing that mating
behavior and egg-laying never occurred
when densities were below 56 and 48
adults per hectare. Consistent with
earlier studies, Stoner et al. (2012)
reported that no mating was observed at
densities less than 47 queen conch per
hectare. Ehrhardt and Valle-Esquivel
(2008, citing TRAFFIC, 2003) stated that
the mean densities in several important
queen conch fisheries in the Caribbean
region were below levels at which
depensation has been shown to occur in
queen conch populations.
The information presented by the
petitioner and information in our files
indicates that queen conch populations
in many Caribbean countries are
declining or have declined as a result of
overexploitation. In addition, some
Caribbean countries have overexploited
queen conch populations to such low
levels that depensation is impacting
recruitment and recovery. Taken in
combination, this information suggests
that overexploitation may pose an
extinction risk of concern to the queen
conch.
The petitioner also claims that water
pollution in the form of heavy metals is
a significant threat to queen conch
populations. The petition discussed the
threat of water pollution under ‘‘the
present and threatened destruction,
modification, or curtailment of habitat
or range’’ listing factor. However, the
available information suggests that
water pollution is having a
physiological impact on queen conch
reproduction, which is an effect to the
animal. Therefore, we believe that this
threat is more appropriately addressed
under the ‘‘other natural and manmade
factors’’ listing factor.
The petition cites several peerreviewed publications and research
studies that show queen conch in south
Florida are incapable of reproduction
due to pollutants in their environment.
In the Florida Keys, studies have
confirmed a complete cessation of
queen conch spawning in nearshore
areas, whereas offshore queen conch
have normal reproductive development
(Glazer and Quinteri, 1998; McCarthy et
al. 2002; Delgado et al. 2004, 2007;
Glazer et al. 2008; Spade et al. 2010).
Spade et al. (2010) suggest that the
reproductive failure of queen conch in
nearshore environments in the Florida
Keys is possibly a result of exposure to
high levels of zinc and copper in their
environments. Gastropod studies have
linked heavy metal exposure, in
particular exposure to zinc and copper,
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to reduced reproductive output which is
usually measured in terms of egg laying
(Glazer et al. 2008; Spade et al. 2010).
In the Florida Keys, the gonads of
nearshore female conch were
documented by Delgado et al. (2004) to
be in worse condition than those of
males; Spade et al. (2010) also
documented a premature regression of
male testis and a reduction in testis
development in nearshore male queen
conch. Translocation studies conducted
in the Florida Keys also found that
nearshore queen conch failed to develop
adequate gonad tissue, but gonads
developed within 3 months once the
animals were relocated to offshore
environments; conversely, gonad
function ceased when offshore queen
conch were relocated into nearshore
environments (McCarthy et al. 2002;
Glazer et al. 2008; Spade et al. 2010). A
Florida Fish and Wildlife Conservation
Commission and Environmental
Protection Agency report (Glazer et al.
2008) on the anthropogenic effects to
queen conch reproduction in south
Florida showed high concentrations of
zinc in the digestive gland and gonad
tissue of nearshore queen conch. The
report stated that the digestive glands of
reproductively healthy offshore queen
conch had 70ng/mg of zinc, whereas the
non-reproductive nearshore queen
conch had 1000ng/mg of zinc in their
digestive glands. In gastropods the
digestive gland is adjacent to the gonad
and is believed to be a site of metal
accumulation and detoxification (Spade
et al. 2010).
Delgado et al. (2007) suggest that
exposure to chemicals (i.e., naled and
permathrin) commonly used in
mosquito control pesticides in south
Florida may have several sub-lethal and
chronic effects on critical early life
stages of queen conch. The majority of
queen conch embryos exposed to these
chemicals during this study were
deformed in a manner that would limit
their ability to survive in the wild.
Exposure to these chemicals likely
increases the risk of predation upon
queen conch larvae. Delgado et al.
(2007) found that exposed larvae were
slow growing which would require
larvae to remain adrift in the water
column for an extended period of time
before they reached competency (i.e.,
recruitment size), increasing their
chance of being predated upon. In
addition, settlement stage larvae
exposed to these chemicals received a
false metamorphic cue which forced
larvae to undergo metamorphosis prior
to competence, decreasing their chances
of survival (Delgado et al. 2007; Glazier
et al. 2008).
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Federal Register / Vol. 77, No. 166 / Monday, August 27, 2012 / Notices
The literature in the petition and
information available in our files
suggests that water pollution in south
Florida is significantly impacting queen
conch physiology and is affecting the
population’s growth and impeding the
recovery of the historically overfished
populations. The information provided
by the petitioner and in our files is
limited to the south Florida
populations. We do not have
information regarding the occurrence of
this threat in other areas of the species
range. However, it is possible that
Caribbean populations may be
experiencing similar physiological
effects resulting from water pollution.
Based on the information available to us
at this time, we believe water pollution
may pose a significant risk to the
species if it is occurring elsewhere.
In addition to the information on
overutilization and water pollution, the
petitioner also provided information on
the present and threatened destruction,
modification, or curtailment of seagrass
nursery habitat, the inadequacy of
existing regulatory mechanisms, and
other natural and manmade factors
affecting the species existence. Because
we have determined that the
information provided on overutilization
and other natural or manmade factors
presents substantial information
indicating the petitioned action may be
warranted, we are not conducting a
detailed analysis of this other
information here.
pmangrum on DSK3VPTVN1PROD with NOTICES
Petition Finding
We have determined after reviewing
the information contained in the
petition, as well as information readily
available in our files, that there is
substantial information indicating that
the petitioned action may be warranted,
based on the threats of overutilization
for commercial, recreational, scientific
or education purposes and other natural
or manmade factors. Because we have
found that substantial information was
presented on the above factors, we will
commence a status review of the
species. During our status review, we
will fully address all five of the factors
set out in section 4(a)(1) of the ESA. At
the conclusion of the status review, we
will determine whether the petitioned
action is warranted.
Information Solicited
As required by section 4(b)(3)(B) of
the ESA and NMFS’ implementing
regulations (50 CFR 424.14(b)(2)), we
are to commence a review of the status
of the species and make a determination
within 12 months of receiving the
petition as to whether the petitioned
action is warranted. We intend that any
VerDate Mar<15>2010
15:04 Aug 24, 2012
Jkt 226001
final action resulting from this review
be as accurate and as effective as
possible. Therefore, we open a 60-day
public comment period to solicit
information from the public,
government agencies, the scientific
community, industry, and any other
interested parties on the status of the
queen conch throughout its range
including: (1) Historical and current
distribution and abundance of this
species throughout its range; (2)
historical and current population
trends; (3) biological information (life
history, genetics, population
connectivity, etc.); (4) landings and
trade data; (5) management, regulatory,
and enforcement information; (6) any
current or planned activities that may
adversely impact the species; and (7)
ongoing or planned efforts to protect
and restore the species and their
habitats. We request that all information
be accompanied by: (1) Supporting
documentation such as maps,
bibliographic references, or reprints of
pertinent publications; and (2) the
submitter’s name, address, and any
association, institution, or business that
the person represents. Section 4(b)(1)(A)
of the ESA and NMFS’ implementing
regulations (50 CFR 424.11(b)) require
that a listing determination be based
solely on the basis of the best scientific
and commercial data, without
consideration of possible economic or
other impacts of the determination.
During the 60-day public comment
period we are seeking information
related only to the status of the queen
conch throughout its range.
Peer Review
On July 1, 1994, NMFS, jointly with
the U.S. Fish and Wildlife Service,
published a series of policies regarding
listings under the ESA, including a
policy for peer review of scientific data
(59 FR 34270). The intent of the peer
review policy is to ensure listings are
based on the best scientific and
commercial data available. The Office of
Management and Budget issued its Final
Information Quality Bulletin for Peer
Review on December 16, 2004. The
Bulletin went into effect June 16, 2005,
and generally requires that all
‘‘influential scientific information’’ and
‘‘highly influential scientific
information’’ disseminated on or after
that date be peer reviewed. Because the
information used to evaluate this
petition may be considered ‘‘influential
scientific information,’’ we solicit the
names of recognized experts in the field
that could take part in the peer review
process for this status review (see
ADDRESSES). Independent peer
reviewers will be selected from the
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
51767
academic and scientific community,
tribal and other Native American
groups, Federal and state agencies, the
private sector, and public interest
groups.
References Cited
A complete list of references is
available upon request from the
Southeast Regional Office, Protected
Resource Division (see ADDRESSES).
Authority: The authority for this action is
the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: August 21, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
Performing the Functions and Duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2012–21090 Filed 8–24–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[Docket No. 120705210–2210–01]
RIN 0648–XC101
Endangered and Threatened Wildlife;
90-Day Finding on a Petition To List
Five Species of Sturgeon as
Threatened or Endangered Under the
Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Ninety-day petition finding,
request for information, and initiation of
status review.
AGENCY:
We, NMFS, announce a 90day finding on a petition to list five
species of sturgeon (Acipenser sturio, A.
naccarii, A. mikadoi, A. sinensis, and
Huso dauricus), or any distinct
population segments of these species
that the Secretary of Commerce
determines may exist, as threatened or
endangered under the Endangered
Species Act (ESA). We find that the
petition and information in our files
present substantial scientific or
commercial information indicating that
these petitioned actions may be
warranted. We will conduct a status
review of these species to determine if
the petitioned actions are warranted. To
ensure that the status review is
comprehensive, we are soliciting
scientific and commercial information
regarding these species (see below).
SUMMARY:
E:\FR\FM\27AUN1.SGM
27AUN1
Agencies
[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Pages 51763-51767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21090]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 1206013478-2342-02; 0648-XB140]
Endangered and Threatened Wildlife; 90-Day Finding on a Petition
To List the Queen Conch as Threatened or Endangered Under the
Endangered Species Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Ninety-day petition finding, request for information, and
initiation of status review.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce a 90-day finding on a petition to list the
queen conch (Strombus gigas) as threatened or endangered and designate
critical habitat under the Endangered Species Act (ESA). We find that
the petition and information in our files present substantial
scientific or commercial information indicating that the petitioned
action may be warranted. We will conduct a status review of the species
to determine if the petitioned action is warranted. To ensure that the
status review is comprehensive, we are soliciting scientific and
commercial information regarding this species (see below).
DATES: Information and comments on the subject action must be received
by October 26, 2012.
ADDRESSES: You may submit information, identified by the code 0648-
XB140, addressed to: Calusa Horn, Natural Resource Specialist, by any
of the following methods:
Electronic Submissions: Submit all electronic information
via the Federal eRulemaking Portal https://www.regulations.gov.
Facsimile (fax): 727-824-5309.
Mail: NMFS, Southeast Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Hand delivery: You may hand deliver written information to
our office during normal business hours at the street address given
above.
Instructions: All information received is a part of the public
record and may be posted to https://www.regulations.gov without change.
All personally identifiable 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
[[Page 51764]]
information. We will accept anonymous submissions. Attachments to
electronic comments will be accepted in Microsoft Word, Excel, Corel
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Calusa Horn, NMFS, Southeast Region,
(727) 824-5312; or Marta Nammack, NMFS, Office of Protected Resources,
(301) 427-8469.
SUPPLEMENTARY INFORMATION: On February 27, 2012, we received a petition
from the WildEarth Guardians to list queen conch (Strombus gigas) as
threatened or endangered under the ESA. The petitioner also requested
that we designate critical habitat. The petition states that the
species is declining and threatened with extinction due to habitat
degradation, specifically, water pollution and destruction of seagrass
nursery habitat, overutilization resulting from commercial harvest,
inadequacy of existing regulatory mechanisms, and other natural and
manmade factors such as, biological vulnerability, human population
growth, and synergistic effects. Copies of this petition are available
from us (see ADDRESSES, above) or at https://sero.nmfs.noaa.gov/pr/ListingPetitions.htm.
ESA Statutory and Regulatory Provisions and Evaluation Framework
Section 4(b)(3)(A) of the ESA of 1973, as amended (U.S.C. 1531 et
seq.), requires, to the maximum extent practicable, that within 90 days
of receipt of a petition to list a species as threatened or endangered,
the Secretary of Commerce make a finding on whether that petition
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted, and to promptly publish
such finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)). When we
find that substantial scientific or commercial information in a
petition indicates the petitioned action may be warranted (a ``positive
90-day finding''), we are required to promptly commence a review of the
status of the species concerned during which we will conduct a
comprehensive review of the best available scientific and commercial
information. In such cases, we are to conclude the review with a
finding as to whether, in fact, the petitioned action is warranted
within 12 months of receipt of the petition. Because the finding at the
12-month stage is based on a more thorough review of the available
information, as compared to the narrow scope of review at the 90-day
stage, a ``may be warranted'' finding does not prejudge the outcome of
the status review.
Under the ESA, a listing determination may address a ``species,''
which is defined to also include subspecies and, for any vertebrate
species, any distinct population segment (DPS) that interbreeds when
mature (16 U.S.C. 1532(16)). A joint NOAA-U.S. Fish and Wildlife
Service (USFWS) policy clarifies the agencies' interpretation of the
phrase ``distinct population segment'' for the purposes of listing,
delisting, and reclassifying a species under the ESA (``DPS Policy'';
61 FR 4722; February 7, 1996). A species, subspecies, or DPS is
``endangered'' if it is in danger of extinction throughout all or a
significant portion of its range, and ``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; 16 U.S.C. 1532(6) and (20)). Pursuant to the ESA and our
implementing regulations, we determine whether species are threatened
or endangered because of any one or a combination of the following five
section 4(a)(1) factors: the present or threatened destruction,
modification, or curtailment of habitat or range; overutilization for
commercial, recreational, scientific, or educational purposes; disease
or predation; inadequacy of existing regulatory mechanisms; and any
other natural or manmade factors affecting the species' existence (16
U.S.C. 1533(a)(1), 50 CFR 424.11(c)).
ESA-implementing regulations issued jointly by NMFS and USFWS (50
CFR 424.14(b)) define ``substantial information'' in the context of
reviewing a petition to list, delist, or reclassify a species as the
amount of information that would lead a reasonable person to believe
that the measure proposed in the petition may be warranted. In
evaluating whether substantial information is contained in a petition,
the Secretary must consider whether the petition: (1) Clearly indicates
the administrative measure recommended and gives the scientific and any
common name of the species involved; (2) contains detailed narrative
justification for the recommended measure, describing, based on
available information, past and present numbers and distribution of the
species involved and any threats faced by the species; (3) provides
information regarding the status of the species over all or a
significant portion of its range; and (4) 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)).
Court decisions clarify the appropriate scope and limitations of
the Services' review of petitions at the 90-day finding stage, in
making a determination whether a petitioned action ``may be''
warranted. As a general matter, these decisions hold that a petition
need not establish a ``strong likelihood'' or a ``high probability''
that a species is either threatened or endangered to support a positive
90-day finding.
We evaluate the petitioner's request based upon the information in
the petition including its references, and the information readily
available in our files. We do not conduct additional research, and we
do not solicit information from parties outside the agency to help us
in evaluating the petition. We will accept the petitioner's sources and
characterizations of the information presented, if they appear to be
based on accepted scientific principles, unless we have specific
information in our files that indicates the petition's information is
incorrect, unreliable, obsolete, or otherwise irrelevant to the
requested action. Information that is susceptible to more than one
interpretation or that is contradicted by other available information
will not be dismissed at the 90-day finding stage, so long as it is
reliable and a reasonable person would conclude it supports the
petitioner's assertions. In other words, conclusive information
indicating the species may meet the ESA's requirements for listing is
not required to make a positive 90-day finding. We will not conclude
that a lack of specific information alone negates a positive 90-day
finding, if a reasonable person would conclude that the unknown
information itself suggests an extinction risk of concern for the
species at issue.
To make a 90-day finding on a petition to list a species, we
evaluate whether the petition presents substantial scientific or
commercial information indicating the subject species may be either
threatened or endangered, as defined by the ESA. First, we evaluate
whether the information presented in the petition, along with the
information readily available in our files, indicates that the
petitioned entity constitutes a ``species'' eligible for listing under
the ESA. Next, we evaluate whether the information indicates that the
species at issue faces extinction risk that is cause for concern; this
may be indicated in information expressly discussing the species'
status and trends, or in information describing impacts and threats to
the species. We
[[Page 51765]]
evaluate any information on specific demographic factors pertinent to
evaluating extinction risk for the species at issue (e.g., population
abundance and trends, productivity, spatial structure, age structure,
sex ratio, diversity, current and historical range, habitat integrity
or fragmentation), and the potential contribution of identified
demographic risks to extinction risk for the species. We then evaluate
the potential links between these demographic risks and the causative
impacts and threats identified in section 4(a)(1).
Information presented on impacts or threats should be specific to
the species and should reasonably suggest that one or more of these
factors may be operative threats that act or have acted on the species
to the point that it may warrant protection under the ESA. Broad
statements about generalized threats to the species, or identification
of factors that could negatively impact a species, do not constitute
substantial information that listing may be warranted. We look for
information indicating that not only is the particular species exposed
to a factor, but that the species may be responding in a negative
fashion; then we assess the potential significance of that negative
response.
Queen Conch Species Description
The queen conch (Strombus gigas) is a large gastropod mollusk
belonging to the Strombidae family. The queen conch occurs throughout
the Caribbean islands and into the Gulf of Mexico, south Florida, the
Bahamas, and Bermuda, and the northern coasts of Central and South
America (Davis, 2005). The known distribution of the queen conch
includes 36 countries and dependent territories (CITES, 2003). The
queen conch is the largest of the molluscan gastropods with adults
averaging 7-9 inches (shell length) in size, but can grow to a maximum
size of 12 inches (Davis, 2005; NMFS, 2011). Queen conch have an
external, spiral-shaped shell with a glossy pink or orange interior
(Davis, 2005; NOAA, 2011). Queen conch are aged by shell length, which
is measured from the tip of spire to the anterior edge of the shell. At
approximately 3 years of age, the shell will begin to form a flared
lip, which is used to indicate the animal's maturity (Theile, 2001;
Davis, 2005). Reproductive maturity is related to the development of
the flared lip (SEDAR, 2007). The conch shell and flared lip continue
to grow as the animal ages (NMFS, 2011).
Queen conch are believed to live up to 30 years (McCarthy, 2007).
Shell morphology is highly plastic and habitat appears to exert a
strong influence on juvenile and adult morphology and growth (Martin-
Mora et al., 1995; McCarthy, 2007). Queen conch graze on a variety of
species of algae and seagrass detritus. Their preferred habitat types
are seagrass meadows, coral rubble, algal plains, and sandy substrates
(McCarthy, 2007; SADAR, 2007), but they are also encountered on rocky
habitats and on coral reefs (Theile, 2001). Queen conch occur at depths
ranging from a few centimeters to greater than 100 meters; however,
densities decrease significantly below 30 meters due to light
limitations that are not conducive for the growth of their food sources
(i.e., algae and seagrass) (Theile, 2001; SEDAR, 2007). Adults are
typically found at depths ranging from 10 to 30 meters (McCarthy,
2007).
Queen conch reach reproductive maturity, though highly variable,
between 3 and 4 years of age or after the shell has developed the
flared lip (Theile, 2001; Davis, 2005; McCarthy, 2007). It is widely
believed that adult queen conch migrate to shallow waters to form large
spawning aggregations. However, Stoner et al., (1992) and Glazer and
Kidney (2004; as cited in CITES, 2008) suggest that queen conch migrate
relatively little when habitats provide for a variety of their
functions (e.g., forage, cover, reproduction). Queen conch spawn from
March through October, with most activity occurring during the warmest
water periods (i.e., July through September). Fertilization is internal
and females lay an average of nine egg masses per season; each mass
contains approximately 400,000 eggs (Davis, 2005). Larvae hatch after a
3 to 5 day egg incubation period. Larvae are pelagic, drifting on
surface currents for 2 to 3 weeks, depending on phytoplankton
concentrations, temperature, and proximity to appropriate nursery
habitat. Ocean currents and water circulation can carry larvae over
significant distances and likely play an important role in recruitment
and repopulation of depleted areas (Theile, 2001; Davis, 2005). It is
generally believed that larvae select specific habitat types,
preferring to settle in clean shallow coastal waters containing
seagrass meadows and sandy substrate (CFMC, 1996; Theile, 2001; Davis,
2005), although juvenile queen conch have also been observed in a
variety of habitat types (i.e., algae covered hard bottom, algae flats,
deep banks, coral rubbles, and seagrass meadows) (Stoner, 2003; Davis,
2005). During their first year, larvae begin to metamorphose into the
queen conch form (Theile, 2001; Davis, 2005).
Analysis of the Petition
We have determined, based on the information provided in the
petition and readily available in our files, that the petition
presented substantial scientific or commercial information indicating
that the petitioned action may be warranted. The petition contains a
detailed narrative justification for the recommended measure, species
taxonomic description, geographic distribution, preferred habitat
characteristics, population status and trends, and threats contributing
to the species' decline, and it is accompanied by appropriate
supporting documentation. Below is a synopsis of our analysis of the
information provided in the petition and readily available in our
files.
The petition states that the primary threat to the queen conch is
overexploitation by fisheries. The queen conch is commercially
harvested in 25 countries throughout the Caribbean region (Acosta,
2006). Queen conch meat is mainly consumed as food, but is also used as
bait. Queen conch shells are generally considered a by-product of the
fisheries and are discarded at sea, though some are sold as jewelry or
curios (NMFS, 2011a). The United States is the largest importer of
queen conch from the Caribbean, importing approximately 78 percent of
the queen conch meat in international trade (Davis, 2005), equaling
approximately 2,000 to 2,500 tons of queen conch meat annually (Theile,
2002; CITES, 2005).
The petition asserts that queen conch annual landings have
increased substantially in order to meet growing international demand.
The petition references queen conch landings from several of the
largest exporting countries in the Caribbean region, stating that
Jamaica, Honduras, and the Dominican Republic each declare
approximately 1,000 tons of queen conch meat landed annually; followed
by the Bahamas and Turks and Caicos which land approximately 680 and
780 tons, respectively (Theile, 2002; as cited by the petition). For
perspective, 4,500 tons of conch meat is equivalent to approximately 31
million individuals (CITES, 2005). The petition also claims that queen
conch landings are ``grossly underestimated'' because landings data are
limited and do not account for high levels of illegal and unreported
harvest. Several citations caution that queen conch landings are likely
greater than reported, referencing large scale foreign poaching and
illegal trade (i.e., at sea transfer) by neighbouring territories and
[[Page 51766]]
under-reported queen conch landings (Theile, 2001; CITES, 2005; Aiken
et al., 2006; FAO, 2007).
The petitioner asserts that queen conch is being harvested at
unsustainable levels, resulting in population declines, stock
collapses, as well as recruitment and reproductive failure. In the
1980s, increased international demand and subsequent commercial
exploitation resulted in several stocks being reduced to levels where
the populations can no longer recover (Paris et al., 2008). The queen
conch trade is suspected to be unsustainable in many Caribbean
countries, and illegal harvest, including fishing of the species in
foreign waters and subsequent illegal international trade, is believed
to be a common and widespread problem throughout the Caribbean region
(Theile, 2001; Jesus-Navarrete, 2003; CITES 2003, 2005; Aiken et al.,
2006). The petition outlines specific population declines, stock
collapses, and total or temporary closures of queen conch fisheries as
a result of overharvest in Bermuda, Cuba, Colombia, Florida, Mexico,
the Netherlands Antilles, the U.S. Virgin Islands, and Venezuela (CFMC,
1996; Theile, 2001; CITES, 2003). In some Caribbean countries, local
queen conch consumption is more significant than the queen conch meat
exports (CITES 2005; Erhardt and Valle-Esuivel, 2008). The CITES
significant trade review suggested that population declines throughout
the Caribbean are primarily the result of overfishing for domestic and
international markets, lack of enforcement of regulations, and large
scale poaching by foreigners (CITES, 2003, 2005). The review also found
that intensive fishing pressure has led to continued population
declines resulting in ``densities so low that recruitment failure is a
risk to local fisheries in parts of Belize, Colombia, the Dominican
Republic, Haiti, Honduras, Panama, Puerto Rico, and the U.S. Virgin
Islands'' (CITES, 2003, 2005).
The petitioner also claims that the overfishing of queen conch
populations has led to population densities so low that a mate finding
Allee effect is preventing recruitment and prohibiting the species'
ability to recover from overexploitation. The Allee effect occurs when
population growth is limited by the reduced likelihood of finding a
mate due to low population densities. In addition, the decrease in
abundance of reproductively mature adults (spawning stock) can lead to
reduced survival or production of eggs causing depensation issues.
Animals, like the queen conch, that require close proximity for
fertilization of eggs are particularly vulnerable to depensation
problems (Stoner et al. 2012). Stoner and Ray-Culp (2000) documented a
mate-finding Allee effect in queen conch populations in the Bahamas,
observing that mating behavior and egg-laying never occurred when
densities were below 56 and 48 adults per hectare. Consistent with
earlier studies, Stoner et al. (2012) reported that no mating was
observed at densities less than 47 queen conch per hectare. Ehrhardt
and Valle-Esquivel (2008, citing TRAFFIC, 2003) stated that the mean
densities in several important queen conch fisheries in the Caribbean
region were below levels at which depensation has been shown to occur
in queen conch populations.
The information presented by the petitioner and information in our
files indicates that queen conch populations in many Caribbean
countries are declining or have declined as a result of
overexploitation. In addition, some Caribbean countries have
overexploited queen conch populations to such low levels that
depensation is impacting recruitment and recovery. Taken in
combination, this information suggests that overexploitation may pose
an extinction risk of concern to the queen conch.
The petitioner also claims that water pollution in the form of
heavy metals is a significant threat to queen conch populations. The
petition discussed the threat of water pollution under ``the present
and threatened destruction, modification, or curtailment of habitat or
range'' listing factor. However, the available information suggests
that water pollution is having a physiological impact on queen conch
reproduction, which is an effect to the animal. Therefore, we believe
that this threat is more appropriately addressed under the ``other
natural and manmade factors'' listing factor.
The petition cites several peer-reviewed publications and research
studies that show queen conch in south Florida are incapable of
reproduction due to pollutants in their environment. In the Florida
Keys, studies have confirmed a complete cessation of queen conch
spawning in nearshore areas, whereas offshore queen conch have normal
reproductive development (Glazer and Quinteri, 1998; McCarthy et al.
2002; Delgado et al. 2004, 2007; Glazer et al. 2008; Spade et al.
2010). Spade et al. (2010) suggest that the reproductive failure of
queen conch in nearshore environments in the Florida Keys is possibly a
result of exposure to high levels of zinc and copper in their
environments. Gastropod studies have linked heavy metal exposure, in
particular exposure to zinc and copper, to reduced reproductive output
which is usually measured in terms of egg laying (Glazer et al. 2008;
Spade et al. 2010). In the Florida Keys, the gonads of nearshore female
conch were documented by Delgado et al. (2004) to be in worse condition
than those of males; Spade et al. (2010) also documented a premature
regression of male testis and a reduction in testis development in
nearshore male queen conch. Translocation studies conducted in the
Florida Keys also found that nearshore queen conch failed to develop
adequate gonad tissue, but gonads developed within 3 months once the
animals were relocated to offshore environments; conversely, gonad
function ceased when offshore queen conch were relocated into nearshore
environments (McCarthy et al. 2002; Glazer et al. 2008; Spade et al.
2010). A Florida Fish and Wildlife Conservation Commission and
Environmental Protection Agency report (Glazer et al. 2008) on the
anthropogenic effects to queen conch reproduction in south Florida
showed high concentrations of zinc in the digestive gland and gonad
tissue of nearshore queen conch. The report stated that the digestive
glands of reproductively healthy offshore queen conch had 70ng/mg of
zinc, whereas the non-reproductive nearshore queen conch had 1000ng/mg
of zinc in their digestive glands. In gastropods the digestive gland is
adjacent to the gonad and is believed to be a site of metal
accumulation and detoxification (Spade et al. 2010).
Delgado et al. (2007) suggest that exposure to chemicals (i.e.,
naled and permathrin) commonly used in mosquito control pesticides in
south Florida may have several sub-lethal and chronic effects on
critical early life stages of queen conch. The majority of queen conch
embryos exposed to these chemicals during this study were deformed in a
manner that would limit their ability to survive in the wild. Exposure
to these chemicals likely increases the risk of predation upon queen
conch larvae. Delgado et al. (2007) found that exposed larvae were slow
growing which would require larvae to remain adrift in the water column
for an extended period of time before they reached competency (i.e.,
recruitment size), increasing their chance of being predated upon. In
addition, settlement stage larvae exposed to these chemicals received a
false metamorphic cue which forced larvae to undergo metamorphosis
prior to competence, decreasing their chances of survival (Delgado et
al. 2007; Glazier et al. 2008).
[[Page 51767]]
The literature in the petition and information available in our
files suggests that water pollution in south Florida is significantly
impacting queen conch physiology and is affecting the population's
growth and impeding the recovery of the historically overfished
populations. The information provided by the petitioner and in our
files is limited to the south Florida populations. We do not have
information regarding the occurrence of this threat in other areas of
the species range. However, it is possible that Caribbean populations
may be experiencing similar physiological effects resulting from water
pollution. Based on the information available to us at this time, we
believe water pollution may pose a significant risk to the species if
it is occurring elsewhere.
In addition to the information on overutilization and water
pollution, the petitioner also provided information on the present and
threatened destruction, modification, or curtailment of seagrass
nursery habitat, the inadequacy of existing regulatory mechanisms, and
other natural and manmade factors affecting the species existence.
Because we have determined that the information provided on
overutilization and other natural or manmade factors presents
substantial information indicating the petitioned action may be
warranted, we are not conducting a detailed analysis of this other
information here.
Petition Finding
We have determined after reviewing the information contained in the
petition, as well as information readily available in our files, that
there is substantial information indicating that the petitioned action
may be warranted, based on the threats of overutilization for
commercial, recreational, scientific or education purposes and other
natural or manmade factors. Because we have found that substantial
information was presented on the above factors, we will commence a
status review of the species. During our status review, we will fully
address all five of the factors set out in section 4(a)(1) of the ESA.
At the conclusion of the status review, we will determine whether the
petitioned action is warranted.
Information Solicited
As required by section 4(b)(3)(B) of the ESA and NMFS' implementing
regulations (50 CFR 424.14(b)(2)), we are to commence a review of the
status of the species and make a determination within 12 months of
receiving the petition as to whether the petitioned action is
warranted. We intend that any final action resulting from this review
be as accurate and as effective as possible. Therefore, we open a 60-
day public comment period to solicit information from the public,
government agencies, the scientific community, industry, and any other
interested parties on the status of the queen conch throughout its
range including: (1) Historical and current distribution and abundance
of this species throughout its range; (2) historical and current
population trends; (3) biological information (life history, genetics,
population connectivity, etc.); (4) landings and trade data; (5)
management, regulatory, and enforcement information; (6) any current or
planned activities that may adversely impact the species; and (7)
ongoing or planned efforts to protect and restore the species and their
habitats. We request that all information be accompanied by: (1)
Supporting documentation such as maps, bibliographic references, or
reprints of pertinent publications; and (2) the submitter's name,
address, and any association, institution, or business that the person
represents. Section 4(b)(1)(A) of the ESA and NMFS' implementing
regulations (50 CFR 424.11(b)) require that a listing determination be
based solely on the basis of the best scientific and commercial data,
without consideration of possible economic or other impacts of the
determination. During the 60-day public comment period we are seeking
information related only to the status of the queen conch throughout
its range.
Peer Review
On July 1, 1994, NMFS, jointly with the U.S. Fish and Wildlife
Service, published a series of policies regarding listings under the
ESA, including a policy for peer review of scientific data (59 FR
34270). The intent of the peer review policy is to ensure listings are
based on the best scientific and commercial data available. The Office
of Management and Budget issued its Final Information Quality Bulletin
for Peer Review on December 16, 2004. The Bulletin went into effect
June 16, 2005, and generally requires that all ``influential scientific
information'' and ``highly influential scientific information''
disseminated on or after that date be peer reviewed. Because the
information used to evaluate this petition may be considered
``influential scientific information,'' we solicit the names of
recognized experts in the field that could take part in the peer review
process for this status review (see ADDRESSES). Independent peer
reviewers will be selected from the academic and scientific community,
tribal and other Native American groups, Federal and state agencies,
the private sector, and public interest groups.
References Cited
A complete list of references is available upon request from the
Southeast Regional Office, Protected Resource Division (see ADDRESSES).
Authority: The authority for this action is the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).
Dated: August 21, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the Functions and
Duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2012-21090 Filed 8-24-12; 8:45 am]
BILLING CODE 3510-22-P