[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)] [Notices] [Pages 37560-37563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-18326] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 061097B] Endangered and Threatened Species; Revision of Candidate Species List Under the Endangered Species Act AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of modification of list of candidate species. ----------------------------------------------------------------------- SUMMARY: NMFS identifies marine and anadromous species as candidates for possible addition to the List of Endangered and Threatened Species. NMFS is soliciting information concerning the status of these species and nominations of additional species that appear to warrant listing consideration. This notice is not a proposal for listing, and the involved species do not receive substantive or procedural protection under the Endangered Species Act of 1973 (ESA). The candidate species list serves to notify the public that NMFS has concerns regarding these species/vertebrate populations that may warrant listing in the future, and it facilitates voluntary conservation efforts. NMFS encourages Federal agencies and other appropriate parties to take these species into account in project planning. DATES: Comments will be accepted until further notice (see ADDRESSES). ADDRESSES: Comments and reliable documentation for these and any recommended additions or deletions to the candidate species list should be sent to the Chief, Endangered Species Division, NMFS, Office of Protected [[Page 37561]] Resources, 1315 East-West Highway, F/PR3, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Nancy Chu or Terri Jordan at (301) 713-1401. SUPPLEMENTARY INFORMATION: The ESA requires determinations of whether species of wildlife and plants are endangered or threatened, based on the best available scientific and commercial data. ``Species'' includes any species or subspecies of fish, wildlife, or plant, and any distinct population segment of any vertebrate species that interbreeds when mature (vertebrate population). NMFS and the U.S. Fish and Wildlife Service (FWS) share responsibilities under the ESA. With some exceptions, NMFS is responsible for species that reside all or the major portion of their lifetime in marine or estuarine waters. The regulations implementing Section 4 of the ESA (49 FR 38900, October 1, 1984) define ``candidate'' as ``any species being considered by the Secretary for listing as an endangered or a threatened species, but not yet the subject of a proposed rule.'' As resources permit, NMFS conducts a review of the status of each candidate species to determine if it warrants listing as endangered or threatened under the ESA. On February 28, 1996, the FWS published a revised candidate notice of review in the Federal Register (61 FR 7596) that candidates for listing under the ESA. The FWS noted its intention to discontinue maintaining a list of species that were previously identified as ``Category-2 candidates.'' Category-2 candidates were species for which NMFS or the FWS had information indicating that protection under the ESA may be warranted but for which they lacked sufficient information on status and threats. The FWS' new definition of candidate species is ``those species for which the FWS has on file sufficient information to support issuance of a proposed listing rule.'' NMFS intends to continue using the original definition of candidate species as defined in the joint FWS/NMFS section 4 regulations. Candidate species include unlisted species for which biological status reviews have been initiated or have been completed. NMFS believes it is important to highlight species for which listing may be warranted so that Federal and state agencies, Native American tribes, and the private sector are aware of which species could benefit from proactive conservation efforts. In addition, NMFS has developed more specific criteria for determining which species/vertebrate populations should be included on the NMFS candidate species list. These criteria include the requirement for reliable information and the consideration of: (1) The biological status of a species or vertebrate population; and (2) the degree of threat to its continued existence in the wild. Biological Status Biological status is determined by both demography and genetic composition of the species/vertebrate population. If there is evidence of demographic or genetic concerns that would indicate that listing may be warranted, the species/vertebrate population should be added to the candidate species list. (a) Demographic concerns would occur when there is a significant decline in abundance or range from historical levels that would indicate that listing may be warranted. This could result from overharvest, habitat degradation, disease outbreaks, predation, natural climatic conditions, and hatchery practices that lead to competition with natural stocks or depletion of natural fish for use as hatchery broodstock. (b) Genetic concerns that would indicate that listing may be warranted include outbreeding and inbreeding depression resulting from poor hatchery practices or substantially reduced numbers of natural individuals. Degree of Threat If a species/vertebrate population is rare or in poor biological condition AND faces a high degree of threat (i.e., the threat is relatively severe, and/or imminent), then it should be added to the candidate species list. The previous list was published on June 11, 1991, at 56 FR 26797. NMFS is removing 37 species from this list. The status of four species has been changed. While NMFS determined that the bottlenose dolphin is depleted under the Marine Mammal Protection Act on April 6, 1993, it also determined that it did not warrant listing under the ESA (58 FR 17789). The Saimaa seal was listed as endangered on July 28, 1993 (58 FR 40538). FWS listed the Delta smelt and the tidewater goby as threatened on March 5, 1993 (58 FR 12854) and February 4, 1994 (59 FR 5494), respectively. Six marine mammals, the flatback turtle, and the giant and southern giant clams are being deleted from the list because they are foreign species for which significant proactive conservation efforts are unlikely to be stimulated due to inclusion in the candidate species list. Because there are insufficient data to determine population trends for the northern bottlenose whale and the starlet sea anemone, they are removed from the list. Ten fishes are removed from the list because the information available to NMFS does not meet the more stringent standard of documentation now required for candidate status. Also, ten coral species are being deleted because the information available indicates declines in certain populations, but not throughout the species' ranges. Corals are invertebrates, and the ESA only allows invertebrates to be listed at the species level, and not at the population level. With this notice, 15 new species for which reliable information is available to NMFS meeting the criteria stated above, are added to the list of candidate species. Among these 15 species are six Pacific salmonids. On September 12, 1994, NMFS announced that comprehensive status reviews would be conducted for all populations of Pacific salmon and anadromous trout in California, Oregon, Washington, and Idaho (59 FR 46808). This decision effectively classified all seven salmonid species under NMFS jurisdiction--coho, chinook, pink, chum, and sockeye salmon, steelhead and sea-run cutthroat trout--as candidate species. These status reviews are at various stages of completion and have resulted in proposed or final listing determinations for several distinct population segments of Pacific salmon. The status review of pink salmon has been completed and it has been determined that listing is not warranted. During the next 12-18 months, NMFS expects to conclude all of these status reviews and make population-specific determinations regarding listing status under the ESA. NMFS intends to consider the results of the status reviews and all data received in response to this notice to make appropriate amendments to the accompanying tables. It is important to note that this list is limited by the information available. Therefore, it does not encompass all declining marine and anadromous species that may warrant listing in the future. Moreover, inclusion of a species on the candidate list does not create a higher listing priority for that species. As appropriate, NMFS may initiate a status review for any species or vertebrate population of concern, regardless of whether it is a candidate species, and the public may petition to list any species or vertebrate population. Inclusion in the candidate species list is intended to stimulate voluntary conservation efforts, which, if effective, [[Page 37562]] can result in a lower likelihood of an ESA listing. In Table 1, Revised list of candidate species, the common name appears as the first entry followed by the scientific name, the family name, and the area of concern. This area denotes the general geographic boundaries of the species or the vertebrate population for which concern has been expressed. Ongoing or future Biological status reviews may narrow the geographic area or population of concern in the future. Table 2 lists species and vertebrate populations which have been proposed for listing under the ESA. Two of these were on the previous 1991 candidate species list. As final determinations are made, these species/vertebrate populations may be determined to not warrant listing, to warrant listing, or be designated as candidate species. Dated: July 8, 1997. Patricia A. Montanio, Deputy Director, Office of Protected Resources, National Marine Fisheries Service. Table 1.--Revised List of Candidate Species ---------------------------------------------------------------------------------------------------------------- Common name Scientific name Family Area of concern \6\ ---------------------------------------------------------------------------------------------------------------- Marine Mammals Beluga Whale \1\.................. Delphinapterus leucas..... Monodontidae......... AK (Cook Inlet population). Fishes Dusky Shark *..................... Carcharhinus obscurus..... Carcharhinidae....... Atlantic; Gulf of Mexico; Pacific. Sand Tiger Shark *................ Odontaspis taurus......... Odontaspididae....... Atlantic; Gulf of Mexico Night Shark *..................... Carcharinus signatus...... Carcharhinidae....... Atlantic; Gulf of Mexico Atlantic Sturgeon................. Acipenser oxyrhynchus Acipenseridae........ Atlantic, anadromous. oxyrhynchus. Alabama Shad *.................... Alosa alabamae............ Clupeidae............ AL, FL, anadromous. Searun Cutthroat Trout *,\4\...... Oncorhynchus clarki clarki Salmonidae........... Pacific, WA to CA, anadromous.\4\ Chum Salmon *,4................... Oncorhynchus keta......... Salmonidae........... Pacific, WA, OR, anadromous.\4\ Coho Salmon*...................... Oncorhynchus kisutch...... Salmonidae........... Pacific, anadromous. Puget Sound/Strait of Georgia, Southwest WA, Lower Columbia River, and OR Coast ESUs \2\ Steelhead Trout*,5................ Oncorhynchus mykiss....... Salmonidae........... Pacific, anadromous. Middle Columbia River ESU Sockeye Salmon*,4................. Oncorhynchus nerka........ Salmonidae........... Pacific, WA, anadromous and freshwater.\4\ Chinook Salmon*,4................. Oncorhynchus tshawytscha.. Salmonidae........... Pacific, WA to CA, anadromous.\4\ Atlantic Salmon*,5................ Salmo salar............... Salmonidae........... Atlantic, anadromous. Kennebec River, Tunk Stream, Penobscot River, and St. Croix River DPSs. Mangrove Rivulus*................. Rivulus marmoratus........ Aplocheilidae........ FL, estuarine. Saltmarsh Topminnow............... Fundulus jenkinsi......... Cyprinodontidae...... TX, LA, MS, AL, FL. Key Silverside.................... Menidia conchorum......... Atherinidae.......... Florida Keys Opposum Pipefish.................. Microphis brachyurus Syngnathidae......... Florida, Indian River lineatus. Lagoon Speckled Hind*.................... Epinephelus drummondhayi.. Serranidae........... NC to Gulf of Mexico. Jewfish \1\....................... Epinephelus itijara....... Serranidae........... NC southward to Gulf of Mexico. Warsaw Grouper*................... Epinephelus nigritus...... Serranidae........... MA southward to Gulf of Mexico. Nassau Grouper \1\................ Epinephelus striatus...... Serranidae........... NC southward to Gulf of Mexico. Mollusks White Abalone*.................... Haliotes sorenseni........ Haliotidae........... CA, Baja CA. ---------------------------------------------------------------------------------------------------------------- * addition to list. \1\ research initiated as a result of being on 1991 candidate species list. \2\ ESU=evolutionarily significant unit. Pacific salmon populations can only be listed under the ESA if they are ``evolutionarily significant'', per NMFS policy (56 FR 58612). \3\ DPS=distinct population segment. \4\ under ESA status review; specific ESUs meriting candidate status will be identified in the future following status review. \5\ for this species, certain ESUs/DPSs are candidate species, while others are proposed for listing under the ESA (see Table 2). \6\ Defines the general geographic area or populations of concern for the species. Table 2.--Species That Have Been Proposed for Listing Under the ESA ---------------------------------------------------------------------------------------------------------------- Common name Scientific name Family Area under consideration ---------------------------------------------------------------------------------------------------------------- Marine Mammals Harbor Porpoise................... Phocoena phocoena......... Delphinidae.......... Gulf of Maine. Fishes Steelhead Trout*,1................ Oncorhynchus mykiss....... Salmonidae........... Pacific, anadromous. Lower Columbia River, OR Coast, Klamath Mountains Province, Northern CA, Central CA Coast, South/ Central CA Coast, Southern CA, Central Valley, Upper Columbia River, Snake River Basin ESUs. Atlantic Salmon*,1................ Salmo salar............... Salmonidae........... Atlantic, anadromous. Dennys, E. Machias, Machias, Pleasant, Narraguagus, Ducktrap, and Sheepscot River DPS \3\. [[Page 37563]] Plants Johnson's Seagrass................ Halophila johnsonii....... Hydrocharitaceae..... FL. ---------------------------------------------------------------------------------------------------------------- *Addition to list. \1\ Under status review. [FR Doc. 97-18326 Filed 7-11-97; 8:45 am] BILLING CODE 3510-22-P