[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