[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Proposed Rules]
[Pages 18616-18619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6966]


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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.

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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:
    <bullet> E-Mail: <a href="/cdn-cgi/l/email-protection#7b39171a18103a191a1714151e55381416161e150f083b15141a1a551c140d"><span class="__cf_email__" data-cfemail="0a48666b69614b686b6665646f24496567676f647e794a64656b6b246d657c">[email protected]</span></a>
    <bullet> 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.
    <bullet> 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.

[[Page 18617]]

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 [deg]C (45-75 [deg]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 
free-swimming 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 m\2\) 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

[[Page 18618]]

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 
Lawrenze-Miller, 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

[[Page 18619]]

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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