18616 Federal Register / Vol. 72, No. 71 / Friday, April 13, 2007 / Proposed Rules 

or contribute to, crashes, this proposal 

would also help to ensure that 

commercial motor vehicle (CMV) 

operations are safer. 

Purpose of the Listening Session 

The FMCSA is committed to 

providing all interested parties an 

opportunity to discuss their 

perspectives on the pertinent issues that 

could affect any potential rulemaking 

changes. The Agency has received 

numerous comments in response to its 

NPRM but believes additional 

information could be obtained through 

these listening sessions. 

Participants at the listening sessions 

will be given the opportunity to submit 

questions that they would like to hear 

discussed by others in attendance. 

FMCSA encourages persons who have 

prepared statements to submit them to 

the public docket rather than use time 

at a listening session to read them 

aloud. Persons who wish to submit 

written comments or statements should 

submit the information to the public 

docket identified in this notice. Those 

who desire notification of receipt of 

their comments must include a selfaddressed, stamped envelope or 

postcard. Comments made during the 

meeting will be transcribed to preserve 

an accurate record of the discussion. 

Issued on: April 10, 2007. 

Larry W. Minor, 

Acting Associate Administrator, Policy and 

Program Development. 

[FR Doc. 07–1865 Filed 4–11–07; 12:48 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 223 and 224 

[Docket No. 070402074–7074–01; I.D. No. 

032207B] 

Endangered and Threatened Wildlife 

and Plants: 90–Day Finding for a 

Petition to List Black Abalone as 

Threatened or Endangered under the 

Endangered Species Act 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; petition finding; 

request for information. 

SUMMARY: We, the NMFS, have received 

a petition to list the black abalone 

(Haliotis cracherodii) as a threatened or 

endangered species and to designate 

critical habitat under the Endangered 

Species Act (ESA). We find that the 

petition presents substantial scientific 

information indicating that the 

petitioned action may be warranted. 

This finding normally initiates a formal 

status review, but as described below in 

the Background section (see 

SUPPLEMENTARY INFORMATION), in this 

case, we had already initiated a formal 

status review on October 17, 2006. To 

ensure that the review is 

comprehensive, we are soliciting 

information pertaining to this species, 

any potential critical habitat, and 

recommendations of qualified 

individuals to peer review the agency’s 

black abalone status review report. 

DATES: Information and comments on 

this action must be received by June 12, 

2007. 

ADDRESSES: You may submit 

information and/or comments by any of 

the following methods: 

• E-Mail: 

BlackAbalone.Comments@noaa.gov 

• Mail: Submit written comments to 

Chief, Protected Resources Division, 

Southwest Region, National Marine 

Fisheries Service, 501 West Ocean 

Blvd., Suite 4200, Long Beach, CA, 

90802–4213. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

An electronic version of the petition 

can be obtained via the Internet at: 

http://www.nmfs.noaa.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 Lisa Manning, 

NMFS, Office of Protected Resources 

(301) 713–1401. 

SUPPLEMENTARY INFORMATION: 

Background 

Black abalone was added to NMFS’

Candidate Species list on June 23, 1999 

(64 FR 33466), transferred to NMFS’

Species of Concern list on April 15, 

2004 (69 FR 19975), and has since been 

considered for listing on the List of 

Endangered and Threatened Species 

under the ESA. The species is currently 

listed on the International Union for the 

Conservation of Nature and Natural 

Resources (IUCN) Red List of 

Threatened Species (Smith et al. 2003). 

We initiated an informal ESA status 

review of black abalone on July 15, 

2003, and conducted biological scoping 

workshops on January 29–30, 2004 and 

July 31–August 1, 2006. We formally 

announced initiation of a black abalone 

status review on October 17, 2006 (71 

FR 61021), and at that time solicited 

information from the public on the 

following topics: (1) long-term trends in 

abundance throughout the species’

range; (2) potential factors for the 

species’ decline throughout its range 

(e.g., overharvesting, natural predation, 

disease, habitat loss etc.); (3) status of 

the black abalone fishery in Mexico; (4) 

implication of low population size for 

black abalone conservation; (5) factors 

important for black abalone 

management; (6) current estimate of 

population size and available habitat; 

(7) knowledge of various life history 

parameters (size/age at maturity, 

fecundity, length of larval stage, larval 

dispersal dynamics, etc.); and (8) 

projections on population growth or 

decline and risk of extinction. On 

December 27, 2006, we received a 

petition from the Center for Biological 

Diversity (CBD) requesting that we list 

black abalone as either an endangered or 

threatened species under the ESA and 

designate critical habitat for the species 

concurrently with any listing 

determination. 

Section 4(b)(3)(A) of the ESA (16 

U.S.C. 1531 et seq.) requires that we 

make a finding as to whether a petition 

to list, delist, or reclassify a species 

presents substantial scientific or 

commercial information to indicate that 

the petitioned action may be warranted. 

Our joint NMFS/U.S. Fish and Wildlife 

Service ESA implementing regulations 

(50 CFR 424.14) define ‘‘substantial 

information’’ as the amount of 

information that would lead a 

reasonable person to believe that the 

measure proposed in the petition may 

be warranted. In determining whether 

substantial information exists for a 

petition to list a species, we consider 

several factors, including information 

submitted with and referenced in the 

petition and all other information 

readily available in our files. To the 

maximum extent practicable, this 

finding is to be made within 90 days of 

the receipt of the petition, and the 

finding is to be published promptly in 

the Federal Register. If we find that a 

petition presents substantial 

information indicating that the 

requested action may be warranted, 

section 4(b)(3)(B) of the ESA requires 

the Secretary of Commerce (Secretary) 

to conduct a status review of the species 

and make a finding as to whether the 

petitioned action is warranted within 1 

year of the receipt of the petition. 


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Analysis of Petition 

Natural History 

Black abalone is a marine mollusc and 

a member of the family Haliotidae and 

the genus Haliotis. There is some debate 

regarding the historic range of black 

abalone. Based on museum specimen 

records examined by Geiger (1999), 

black abalone ranged historically from 

Crescent City (Del Norte County, 

California) to Cabo San Lucas (Southern 

Baja California). Most experts agree that 

the current range of black abalone 

extends from Point Arena (Mendocino 

County, California) to Northern Baja 

California, but are rare north of San 

Francisco (Morris et al., 1980) and south 

of Punta Eugenia (P. Raimondi, pers. 

comm.). Of the seven species of abalone 

found in California (Geiger, 1999), black 

abalone is a relatively shallow water 

species and is most abundant in rocky 

intertidal habitat (Morris et al., 1980), 

although they do occur from the high 

intertidal zone to 6 m depth. Average 

black abalone shell length is 

approximately 115 mm (Ault, 1985), 

however, maximum shell length may 

exceed 200 mm (Morris et al., 1980). 

The epipodium (the circular fringe of 

skin around the foot) and tentacles are 

black and the underside of the foot is 

pearly white. The outer surface of the 

shell is dark blue to black, smooth and 

has 5–9 open respiratory pores with 

edges that are flush with the shell 

surface (Haaker et al., 1986). 

The vacillatory nature of rocky 

intertidal habitat dictates that black 

abalone tolerate a wide range of 

environmental conditions (e.g. 

temperature, salinity, dessication, and 

wave action). For example, water 

temperatures may range between 7–24 

°C (45–75 °F) (Howorth, 1978) in rocky 

intertidal areas throughout their range. 

In the absence of anthropogenic 

influences (e.g., harvest and spread of 

disease (Friedman and Finley, 2003)), a 

combination of black abalone life 

history, ecology, and behavior and these 

widely ranging environmental variables 

is what controls the species’ spatial 

distribution. Black abalone are often 

found in a clumped distribution, with 

smaller abalone (<90 mm) exhibiting 

cryptic behavior and tending to stay 

within the protective confines of 

crevices, under rocks, and in boulder 

fields (Blecha et al., 1992; Tissot, 1995; 

Ault, 1985). Individuals larger than 90 

mm often occupy more exposed rocks 

and surge channels in areas where sea 

otters are absent, but tend to reside in 

cracks and crevices in areas where sea 

otters are present (Morris et al., 1980; 

Lowry and Pearse, 1973; Hines and 

Pearse, 1982; Blecha et al., 1992). 

Black abalone exhibit separate sexes 

and are thought to reach sexual maturity 

between 40–50 mm shell length in 

California. Sperm or eggs are broadcast 

into the water sometime between late 

spring and late summer (Webber and 

Giese, 1969; CDFG, 2005). This type of 

spawning strategy depends on densely 

aggregated adults to achieve the high 

gamete densities needed for successful 

fertilization (Davis, 1996). The freeswimming larval phase for this species 

may range from 5 to 14 days depending 

on water temperature (Ault, 1985). This 

relatively short dispersive phase 

combined with hydrodynamic 

conditions during the time of spawning 

may limit dispersal distances. Analysis 

of the genetic structure of black abalone 

populations on the central California 

coast indicates that these black abalone 

populations are composed 

predominantly of individuals that were 

spawned locally (Hamm and Burton, 

2000). Patterns in recruitment of 

juveniles to central coastal populations 

provide additional evidence that black 

abalone larvae do not tend to travel very 

far along the coast and, therefore, 

populations are relatively closed 

(Raimondi et al., 2002). In Southern 

California, results of a drift card study 

at San Nicolas Island suggest that black 

abalone larvae are locally retained with 

occasional migrants dispersing over 

long distances (≤ 10 km; Chambers et 

al., 2006). 

Larval black abalone tend to settle 

into areas characterized by bare rock 

and coralline red algae (Douros, 1985; 

Miner et al., 2006). Once settled onto 

rocky substrata, black abalone juveniles 

consume rock-encrusting coralline algae 

and diatom and bacterial films (Haaker 

et al., 1986). Adult black abalone feed 

primarily on pieces of algae drifting 

with the surge or current, such as giant 

kelp, bull kelp, and feather boa kelp 

(Haaker et al., 1986). Growth rates can 

vary depending on food availability, 

water temperature, and other 

environmental factors (CDFG, 2005). 

Abalone are long-lived (30+ years) and 

it takes approximately 20 years for black 

abalone to reach their maximum length 

(Blecha et al., 1992). Black abalone are 

preyed upon by a wide variety of marine 

predators including sea stars, fishes, 

octopus, the southern sea otter, and 

striped shore crab. 

Abundance 

Historically, sea otter predation and 

hunting by Native Americans were two 

primary sources of mortality for large 

black abalone. The elimination or 

relocation of Native American coastal 

settlements during the 1700s and 1800s 

and sea otter (a primary predator on 

black abalone) hunting by Russian fur 

traders resulted in high densities (< 40 

individuals per m2) of black abalone in 

many places throughout their range 

(Howorth, 1978; Douros, 1993; Richards 

and Davis, 1993). Chinese immigrants 

began harvesting abalone from dense 

intertidal beds in central and southern 

California and Baja California in the 

mid–1800s and annual harvest reached 

a peak of 1,814 metric tons (mt) in 1879 

(Howorth, 1978; Rogers-Bennett et al., 

2002). Commercial harvest was banned 

in the early 1900s, during which time 

black abalone populations expanded 

slightly. However, in 1968 commercial 

harvest of black abalone resumed. The 

commercial harvest was greatest around 

the islands off southern California, 

particularly San Miguel, San Clemente 

and San Nicolas Islands (California 

Department of Fish and Game (CDFG), 

unpublished data). The average annual 

harvest declined from 290 mt in the 

1970s, with a peak occurring in 1973 

(868 mt; Rogers-Bennett et al., 2002), to 

175 mt in the 1980s, to 14 mt in the 

1990s. By the mid–1980s 

overharvesting, as evidenced by 

declining trends in fishery-dependent 

data and eventual closure of the 

commercial fishery (B. Tissot, 

unpublished data), and possibly other 

factors such as pollution (Miller and 

Lawrenze-Miller, 1993), reduced 

southern California coastal populations 

of black abalone considerably. Remnant 

populations persisted primarily on 

offshore islands and inaccessible 

sections of the coast north of Santa 

Barbara. Commercial harvesting was 

prohibited again in 1993. 

In the mid- and late-1980s, black 

abalone on the Channel Islands suffered 

massive local die-offs (generally >90 

percent losses) from a disease known as 

Withering Syndrome (WS) (Haaker et 

al., 1992; Richards and Davis, 1993; 

Lafferty and Kuris, 1993). The cause of 

WS is unknown, but has been attributed 

to a Rickettsiales-like pathogen 

(Friedman et al., 2000). The disease is 

manifested by severe weight loss, loss of 

appetite, followed by detachment from 

the substrate and eventual mortality 

(Tissot, 1991; Haaker et al., 1992; 

Steinbeck et al., 1992). There is also 

strong evidence that the intensity of 

mortality from this disease increases 

with increasing water temperature 

(Tissot, 1995; Steinbeck et al., 1992; 

Alstatt et al., 1996; Raimondi et al., 

2002). Prior to 1992, the only mainland 

site where a WS-related die-off had been 

observed was in Diablo Cove, the site of 

the discharge for the Diablo Canyon 

Power Plant (Steinbeck et al., 1992). 

However, in 1992 a massive die-off 


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began at a mainland site, Government 

Point, near Point Conception (Alstatt et 

al., 1996). Subsequent monitoring of 

sites along the central California coast 

has detected a pattern of mortality 

suggesting that WS is progressing 

northward up the coast, but at a variable 

rate (Altstatt et al., 1996; Raimondi et 

al., 2002; Miner et al., 2006). 

Fishery-independent data obtained 

from long-term monitoring studies 

(1975–present) were examined to detect 

trends in abundance from 32 sampling 

locations throughout California (B. 

Tissot, unpublished data). Percent 

changes in abundance were calculated 

by comparing mean densities prior to 

the onset of WS and after the onset of 

WS at each sampling location. 

Preliminary results suggest that black 

abalone have gone locally extinct or 

declined between 90–99 percent at 50 

percent of the sampling locations and 

have declined between 80–89 percent at 

another 16 percent of the sampling 

locations. Thus, significant declines 

(>80 percent) have occurred at over 50 

percent of the locations sampled in 

California (Brian Tissot, unpublished 

data). 

Although abundance data for black 

abalone populations in Mexico are 

scant, existing fishery-dependent data 

suggest declines similar to those 

exhibited in California. Based on the 

data published in Hobday and Tegner 

(2000), the catch of black abalone 

declined from a high of 28 mt in 1990, 

to <1 mt in 1998, an overall decline of 

>95 percent. 

Summation 

The principal cause of black abalone 

population decline in southern and 

central California has been attributed to 

over-harvesting (Karpov et al., 2000) 

and/or the onset of WS in southern 

California in the 1980s (Lafferty and 

Kuris, 1993) and the disease’s 

northward progression. Black abalone 

populations have declined by over 99 

percent (Brian Tissot, unpublished data) 

in southern California (except for San 

Nicolas and San Miguel Islands). In 

many locations recruitment rates are 

low, and in areas where remnant 

healthy populations are producing 

recruits, these recruits are retained 

locally and are not recolonizing 

historically populated areas only tens of 

kilometers away (Miller and LawrenzeMiller, 1993; Raimondi et al., 2002; 

Miner et al., 2006). Miner et al. (2006) 

hypothesize that the causes of low (or 

no) recruitment at sites with low adult 

density include: (1) local adult densities 

too low for successful fertilization; (2) 

limited dispersal ability of larval 

abalone limiting the supply of larvae 

from healthy adjacent populations; (3) 

suitable larval settlement habitat 

overgrown in the absence of adult 

abalone; and (4) newly recruited 

juvenile abalone killed by WS before 

they can be observed and counted by 

researchers. 

Petition Finding 

Given documented declines in 

abundance within the range of the 

species and the potential negative 

effects of ongoing and future threats 

posed primarily by the northward 

spread of WS, as described in the 

petition and in the information in our 

files, we have determined that the 

petition presents substantial 

information and that listing black 

abalone under the ESA may be 

warranted. We have supported efforts to 

learn more about the factors that have 

contributed to the decline of this species 

and encouraged Federal agencies and 

other appropriate parties to conserve 

and protect surviving black abalone 

throughout its range from Fort Bragg, 

California to southern Baja California. 

Despite these efforts, including closure 

of the fishery in southern California in 

1993, the species continues to decline 

along the mainland coast of southern 

California and the northern Channel 

Islands. In compliance with section 

4(b)(3)(B) of the ESA, the Secretary will 

make his determination whether the 

petitioned action is warranted within 12 

months from the date the petition was 

received (December 27, 2006) following 

completion of an ESA status review. 

Listing Factors and Basis for 

Determination 

Section 4(a)(1) of the ESA requires the 

Secretary to determine whether any 

species is a threatened or an endangered 

species because of any of the following 

factors: (1) The present or threatened 

destruction, modification, or 

curtailment of its habitat or range; (2) 

overutilization for commercial, 

recreational, scientific, or educational 

purposes; (3) disease or predation; (4) 

inadequacy of existing regulatory 

mechanisms; or (5) other natural or 

manmade factors affecting its 

continuing existence. Listing 

determinations are based solely on the 

best available scientific and commercial 

data after taking into account any efforts 

being made by any state or foreign 

nation to protect the species. 

Information Solicited 

To ensure that the black abalone 

status review is complete and is based 

on the best available scientific and 

commercial data, we reiterate our 

previous solicitation for information on 

this species. We specifically request the 

following information: (1) long-term 

trends in abundance throughout the 

species’ range; (2) potential factors for 

the species’ decline throughout its range 

(e.g., overharvesting, natural predation, 

disease, habitat loss etc.); (3) historic 

and current range, distribution and 

habitat use of this species; (4) status of 

the black abalone populations in Baja 

California, Mexico; (5) historic and 

current estimates of population size and 

available habitat; (6) knowledge of 

various life history parameters (size/age 

at maturity, fecundity, length of larval 

stage, larval dispersal dynamics, etc.); 

(7) projections on population growth or 

decline and risk of extinction; and (8) 

efforts being made to protect black 

abalone throughout their range. 

Critical Habitat 

We are also requesting information on 

areas that may qualify as critical habitat 

for black abalone, such as identification 

of areas that include the physical and 

biological features essential to the 

conservation of the species. Essential 

features 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 reproduction and development 

of offspring; and (5) habitats that are 

protected from disturbance or are 

representative of the historical, 

geographical and ecological 

distributions of the species (50 CFR 

424.12). For areas potentially qualifying 

as critical habitat, we request 

information describing: (1) the activities 

that affect the areas or could be affected 

by the designation, and (2) the economic 

or other costs and benefits of additional 

management measures likely to result 

from a designation. 

Peer Review 

The joint NMFS/U.S. Fish and 

Wildlife Service peer review policy for 

review of scientific data was published 

on July 1, 1994 (59 FR 34270), and on 

January 14, 2005, the Office of 

Management and Budget (OMB) 

published its Final Information Quality 

Bulletin for Peer Review (70 FR 2664). 

The purpose of the peer review policy 

and the OMB Information Quality 

Bulletin is to ensure that listings are 

based on the best scientific and 

commercial data available. We are 

soliciting the names of recognized 

experts in the field that could take part 

in the peer review process for this status 

review. Independent peer reviewers will 

be selected from the academic and 

scientific community, Federal and state 


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agencies, the private sector, and public 

interest groups. 

References 

A complete list of all references cited 

herein is available upon request (see 

ADDRESSES section). 

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

Dated: April 6, 2007. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E7–6966 Filed 4–12–07; 8:45 am] 

BILLING CODE 3510–22–S 


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