Tuesday, March 16, 2010

Part II

Department of the Interior Fish and Wildlife Service Department of Commerce National Oceanic and Atmospheric Administration

50 CFR Parts 17, 223, and 224 Endangered and Threatened Species; Proposed Listing of Nine Distinct Population Segments of Loggerhead Sea Turtles as Endangered or Threatened; Proposed Rule

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12598 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

DEPARTMENT OF THE INTERIOR 13657, Silver Spring, MD 20910 or ‘‘Listing Determinations Under the ESA’’ USFWS National Sea Turtle section provided below. Specifically, we Fish and Wildlife Service Coordinator, U.S. Fish and Wildlife are soliciting information in the Service, 7915 Baymeadows Way, Suite following areas relative to loggerhead 50 CFR Part 17 200, Jacksonville, FL 32256. turtles within the nine proposed DPSs: • Fax: To the attention of NMFS (1) Historical and current population DEPARTMENT OF COMMERCE National Sea Turtle Coordinator at 301– status and trends, (2) historical and 713–0376 or USFWS National Sea current distribution, (3) migratory National Oceanic and Atmospheric Turtle Coordinator at 904–731–3045. movements and behavior, (4) genetic Administration Instructions: All comments received population structure, (5) current or are a part of the public record and will planned activities that may adversely 50 CFR Parts 223 and 224 generally be posted to http:// impact loggerhead turtles, and (6) [Docket No. 100104003–0004–01] www.regulations.gov without change. ongoing efforts to protect loggerhead All Personal Identifying Information (for turtles. We are also soliciting RIN 0648–AY49 example, name, address, etc.) information and comment on the status voluntarily submitted by the commenter and effectiveness of conservation efforts Endangered and Threatened Species; may be publicly accessible. Do not and the approach that should be used to Proposed Listing of Nine Distinct submit Confidential Business weigh the risk of extinction of each DPS. Population Segments of Loggerhead Information or otherwise sensitive or Comments and new information will be Sea Turtles as Endangered or protected information. considered in making final Threatened NMFS and USFWS will accept determinations whether listing of each AGENCY: National Marine Fisheries anonymous comments (enter N/A in the DPS is warranted and if so whether it is Service (NMFS), National Oceanic and required fields, if you wish to remain threatened or endangered. We request Atmospheric Administration (NOAA), anonymous). Attachments to electronic that all data, information, and Commerce; United States Fish and comments will be accepted in Microsoft comments be accompanied by Wildlife Service (USFWS), Interior. Word, Excel, WordPerfect, or Adobe supporting documentation such as maps, bibliographic references, or ACTION: PDF file formats only. The proposed Proposed rules; 12-month reprints of pertinent publications. petition findings; request for comments. rule is available electronically at http://www.nmfs.noaa.gov/pr. Background SUMMARY: We (NMFS and USFWS; also FOR FURTHER INFORMATION CONTACT: We issued a final rule listing the collectively referred to as the Services) Barbara Schroeder, NMFS (ph. 301– have determined that the loggerhead sea loggerhead sea turtle as threatened 713–1401, fax 301–713–0376, e-mail throughout its worldwide range on July turtle (Caretta caretta) is composed of [email protected]), Sandy 28, 1978 (43 FR 32800). On July 12, nine distinct population segments MacPherson, USFWS (ph. 904–731– 2007, we received a petition to list the (DPSs) that qualify as ‘‘species’’ for 3336, e-mail ‘‘North Pacific populations of loggerhead listing as endangered or threatened _ sandy [email protected]), Marta sea turtle’’ as an endangered species under the Endangered Species Act Nammack, NMFS (ph. 301–713–1401, under the ESA. NMFS published a (ESA), and we propose to list two as fax 301–713–0376, e-mail notice in the Federal Register on threatened and seven as endangered. _ marta [email protected]), or Emily November 16, 2007 (72 FR 64585), This also constitutes the 12-month Bizwell, USFWS (ph. 404–679–7149, fax concluding that the petitioners (Center findings on a petition to reclassify 404–679–7081, e-mail for Biological Diversity and Turtle _ loggerhead turtles in the North Pacific emily [email protected]). Persons who Island Restoration Network) presented Ocean as a DPS with endangered status use a Telecommunications device for substantial scientific information and designate critical habitat, and a the deaf (TDD) may call the Federal indicating that the petitioned action petition to reclassify loggerhead turtles Information Relay Service (FIRS) at may be warranted. Also, on November in the Northwest Atlantic as a DPS with 1–800–877–8339, 24 hours a day, 7 days 15, 2007, we received a petition to list endangered status and designate critical a week. the ‘‘Western North Atlantic populations habitat. We will propose to designate SUPPLEMENTARY INFORMATION: of loggerhead sea turtle’’ as an critical habitat, if found to be prudent endangered species under the ESA. Public Comments Solicited and determinable, for the two NMFS published a notice in the Federal loggerhead sea turtle DPSs occurring We solicit public comment on this Register on March 5, 2008 (73 FR within the United States in a subsequent proposed listing determination. We 11849), concluding that the petitioners Federal Register notice. intend that any final action resulting (Center for Biological Diversity and DATES: Comments on this proposal must from this proposal will be as accurate Oceana) presented substantial scientific be received by June 14, 2010. Public and as effective as possible and information indicating that the hearing requests must be received by informed by the best available scientific petitioned action may be warranted. June 1, 2010. and commercial information. Therefore, On March 12, 2009, the petitioners ADDRESSES: You may submit comments, we request comments or information (Center for Biological Diversity, Turtle identified by the RIN 0648–AY49, by from the public, other concerned Island Restoration Network, and any of the following methods: governmental agencies, the scientific Oceana) sent a 60-day notice of intent to • Electronic Submissions: Submit all community, industry, or any other sue to the Services for failure to make electronic public comments via the interested party concerning this 12-month findings on the petitions. The Federal eRulemaking Portal. proposed rule. We are seeking statutory deadlines for the 12-month • Mail: NMFS National Sea Turtle information and comments on whether findings were July 16, 2008, for the Coordinator, Attn: Loggerhead Proposed the nine proposed loggerhead sea turtle North Pacific petition and November 16, Listing Rule, Office of Protected DPSs qualify as DPSs and, if so, whether 2008, for the Northwest Atlantic Resources, National Marine Fisheries they should be classified as threatened petition. On May 28, 2009, the Service, 1315 East-West Highway, Room or endangered as described in the petitioners filed a Complaint for

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12599

Declaratory and Injunctive Relief to warranted.’’ The DPS Policy requires the educational purposes; (3) disease or compel the Services to complete the consideration of two elements when predation; (4) the inadequacy of existing 12-month findings. On October 8, 2009, evaluating whether a vertebrate regulatory mechanisms; or (5) other the petitioners and the Services reached population segment qualifies as a DPS natural or manmade factors affecting its a settlement in which the Services under the ESA: (1) The discreteness of continued existence (section 4(a)(1)(A– agreed to submit to the Federal Register the population segment in relation to E)). We are to make this determination a 12-month finding on the two petitions the remainder of the species or based solely on the best available on or before February 19, 2010. On subspecies to which it belongs; and (2) scientific and commercial data available February 16, 2010, the United States the significance of the population after conducting a review of the status District Court for the Northern District segment to the species or subspecies to of the species and taking into account of California modified the February 19, which it belongs. any efforts being made by States or 2010 deadline to March 8, 2010. A population segment of a vertebrate foreign governments to protect the In early 2008, NMFS assembled a species may be considered discrete if it species. Loggerhead Biological Review Team satisfies either one of the following (BRT) to complete a status review of the conditions: (1) It is markedly separated Biology and Life History of Loggerhead loggerhead sea turtle. The BRT was from other populations of the same Turtles composed of biologists from NMFS, taxon (an organism or group of A thorough account of loggerhead USFWS, the Florida Fish and Wildlife organisms) as a consequence of biology and life history may be found in Conservation Commission, and the physical, ecological, or behavioral the Status Review, which is North Carolina Wildlife Resources factors. Quantitative measures of genetic incorporated here by reference. The Commission. The BRT was charged with or morphological discontinuity may following is a succinct summary of that reviewing and evaluating all relevant provide evidence of this separation; or information. scientific information relating to (2) it is delimited by international The loggerhead occurs throughout the loggerhead population structure globally governmental boundaries within which temperate and tropical regions of the to determine whether DPSs exist and, if differences in control of exploitation, Atlantic, Pacific, and Indian Oceans so, to assess the status of each DPS. The management of habitat, conservation (Dodd, 1988). However, the majority of findings of the BRT, which are detailed status, or regulatory mechanisms exist loggerhead nesting is at the western in the ‘‘Loggerhead Sea Turtle (Caretta that are significant in light of section rims of the Atlantic and Indian Oceans. caretta) 2009 Status Review under the 4(a)(1)(D) of the ESA (i.e., inadequate The most recent reviews show that only U.S. Endangered Species Act’’ (Conant regulatory mechanisms). two loggerhead nesting aggregations et al., 2009; hereinafter referred to as the If a population segment is found to be have greater than 10,000 females nesting Status Review), addressed DPS discrete under one or both of the above per year: Peninsular Florida, United delineations, extinction risks to the conditions, its biological and ecological States, and Masirah Island, Oman species, and threats to the species. The significance to the taxon to which it (Baldwin et al., 2003; Ehrhart et al., Status Review underwent independent belongs is evaluated. This consideration 2003; Kamezaki et al., 2003; Limpus and peer review by nine scientists with may include, but is not limited to: (1) Limpus, 2003; Margaritoulis et al., expertise in loggerhead sea turtle Persistence of the discrete population 2003). Nesting aggregations with 1,000 biology, genetics, and modeling. The segment in an ecological setting unusual to 9,999 females nesting annually are Status Review is available electronically or unique for the taxon; (2) evidence Georgia through North Carolina (United at http://www.nmfs.noaa.gov/pr/ that loss of the discrete population States), Quintana Roo and Yucatan species/statusreviews.htm. segment would result in a significant (Mexico), Brazil, Cape Verde Islands This Federal Register document gap in the range of a taxon; (3) evidence (Cape Verde), Western Australia announces 12-month findings on the that the discrete population segment (Australia), and Japan. Smaller nesting petitions to list the North Pacific represents the only surviving natural aggregations with 100 to 999 nesting populations and the Northwest Atlantic occurrence of a taxon that may be more females annually occur in the Northern populations of the loggerhead sea turtle abundant elsewhere as an introduced Gulf of Mexico (United States), Dry as DPSs with endangered status and population outside its historic range; or Tortugas (United States), Cay Sal Bank includes a proposed rule to designate (4) evidence that the discrete population (The Bahamas), Tongaland (South nine loggerhead DPSs worldwide. segment differs markedly from other Africa), Mozambique, Arabian Sea Coast population segments of the species in its (Oman), Halaniyat Islands (Oman), Policies for Delineating Species Under genetic characteristics. Cyprus, Peloponnesus (Greece), the ESA Zakynthos (Greece), Crete (Greece), Listing Determinations Under the ESA Section 3 of the ESA defines ‘‘species’’ Turkey, and Queensland (Australia). In as including ‘‘any subspecies of fish or The ESA defines an endangered contrast to determining population size wildlife or plants, and any distinct species as one that is in danger of on nesting beaches, determining population segment of any species of extinction throughout all or a significant population size in the marine vertebrate fish or wildlife which portion of its range, and a threatened environment has been very localized. A interbreeds when mature.’’ The term species as one that is likely to become summary of information on distribution ‘‘distinct population segment’’ is not endangered in the foreseeable future and habitat by ocean basin follows. recognized in the scientific literature. throughout all or a significant portion of Therefore, the Services adopted a joint its range (sections 3(6) and 3(20), Pacific Ocean policy for recognizing DPSs under the respectively). The statute requires us to Loggerheads can be found throughout ESA (DPS Policy; 61 FR 4722) on determine whether any species is tropical to temperate waters in the February 7, 1996. Congress has endangered or threatened because of Pacific; however, their breeding grounds instructed the Secretary of the Interior any of the following five factors: (1) The include a restricted number of sites in or of Commerce to exercise this present or threatened destruction, the North Pacific and South Pacific. authority with regard to DPSs ‘‘*** modification, or curtailment of its Within the North Pacific, loggerhead sparingly and only when the biological habitat or range; (2) overutilization for nesting has been documented only in evidence indicates such action is commercial, recreational, scientific, or Japan (Kamezaki et al., 2003), although

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12600 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

low level nesting may occur outside of followed the shoreline of southern population of loggerheads is in the Cape Japan in areas surrounding the South Oman and Yemen as far west as the Gulf Verde Islands (L.F. Lopez-Jurado, China Sea (Chan et al., 2007). In the of Aden and the Bab-el-Mandab. personal communication, cited in South Pacific, nesting beaches are The only verified nesting beaches for Ehrhart et al., 2003), and some nesting restricted to eastern Australia and New loggerheads on the Indian subcontinent occurs along the West African coast Caledonia and, to a much lesser extent, are found in Sri Lanka. A small number (Fretey, 2001). Vanuatu and Tokelau (Limpus and of nesting females use the beaches of Sri As post-hatchlings, Northwest Limpus, 2003). Lanka every year (Deraniyagala, 1939; Atlantic loggerheads use the North Based on tag-recapture studies, the Kar and Bhaskar, 1982; Dodd, 1988); Atlantic Gyre and enter Northeast East China Sea has been identified as however, there are no records indicating Atlantic waters (Carr, 1987). They are the major habitat for post-nesting adult that Sri Lanka has ever been a major also found in the Mediterranean Sea females (Iwamoto et al., 1985; Kamezaki nesting area for loggerheads (Carreras et al., 2006; Eckert et al., et al., 1997; Balazs, 2006), while (Kapurusinghe, 2006). No confirmed 2008). In these areas, they overlap with satellite tracking of juvenile loggerheads nesting occurs on the mainland of India animals originating from the Northeast indicates the Kuroshio Extension (Tripathy, 2005; Kapurusinghe, 2006). Atlantic and the Mediterranean Sea Bifurcation Region to be an important The Gulf of Mannar provides foraging (Laurent et al., 1993, 1998; Bolten et al., pelagic foraging area for juvenile habitat for juvenile and post-nesting 1998; LaCasella et al., 2005; Carreras et loggerheads (Polovina et al., 2006). adult turtles (Tripathy, 2005; al., 2006; Monzon-Arguello et al., 2006; Other important juvenile turtle foraging Kapurusinghe, 2006). Revelles et al., 2007; Eckert et al., 2008). areas have been identified off the coast In the East Indian Ocean, western The oceanic juvenile stage in the North of Baja California Sur, Mexico (Pitman, Australia hosts all known loggerhead Atlantic has been primarily studied in 1990; Peckham and Nichols, 2006). nesting (Dodd, 1988). Nesting the waters around the Azores and Nesting females tagged on the coast of distributions in western Australia span Madeira (Bolten, 2003). In Azorean eastern Australia have been recorded from the Shark Bay World Heritage Area waters, satellite telemetry data and foraging in New Caledonia; Queensland, northward through the Ningaloo Marine flipper tag returns suggest a long period New South Wales, and Northern Park coast to the North West Cape and of residency (Bolten, 2003), whereas Territory, Australia; Solomon Islands; to the nearby Muiron Islands (Baldwin turtles appear to be moving through Papua New Guinea; and Indonesia et al., 2003). Nesting individuals from Madeiran waters (Dellinger and Freitas, (Limpus and Limpus, 2003). Foraging Dirk Hartog Island have been recorded 2000). Preliminary genetic analyses Pacific loggerheads originating from foraging within Shark Bay and Exmouth indicate that juvenile loggerheads found nesting beaches in Australia are known Gulf, while other adults range much in Moroccan waters are of western to migrate to Chile and Peru (Alfaro- farther (Baldwin et al., 2003). Atlantic origin (M. Tiwari, NMFS, and Shigueto et al., 2004, 2008a; Donoso and In the Southwest Indian Ocean, A. Bolten, University of Florida, Dutton, 2006; Boyle et al., 2009). loggerhead nesting occurs on the unpublished data). Other concentrations southeastern coast of Africa, from the Indian Ocean of oceanic juvenile turtles exist in the Paradise Islands in Mozambique Atlantic (e.g., in the region of the Grand In the North Indian Ocean, Oman southward to St. Lucia in South Africa, Banks off Newfoundland). Genetic hosts the vast majority of loggerhead and on the south and southwestern information indicates the Grand Banks nesting. The majority of the nesting in coasts of Madagascar (Baldwin et al., are foraging grounds for a mixture of Oman occurs on Masirah Island, on the 2003). Foraging habitats are only known loggerheads from all the North Atlantic Al Halaniyat Islands, and on mainland for post-nesting females from rookeries (LaCasella et al., 2005; Bowen beaches south of Masirah Island all the Tongaland, South Africa; tagging data et al., 2005), and a large size range is way to the Oman-Yemen border show these loggerheads migrating represented (Watson et al., 2004, 2005). (IUCN—The World Conservation Union, eastward to Madagascar, northward to After departing the oceanic zone, 1989a, 1989b; Salm, 1991; Salm and Mozambique, Tanzania, and Kenya, and neritic juvenile loggerheads in the Salm, 1991). In addition, nesting southward to Cape Agulhas at the Northwest Atlantic inhabit continental probably occurs on the mainland of southernmost point of Africa (Baldwin shelf waters from Cape Cod Bay, Yemen on the Arabian Sea coast, and et al., 2003; Luschi et al., 2006). Massachusetts, south through Florida, nesting has been confirmed on Socotra, The Bahamas, Cuba, and the Gulf of Atlantic Ocean an island off the coast of Yemen (Pilcher Mexico (neritic refers to the inshore and Saad, 2000). Limited information In the Northwest Atlantic, the marine environment from the surface to exists on the foraging habitats of North majority of loggerhead nesting is the sea floor where water depths do not Indian Ocean loggerheads; however, concentrated along the coasts of the exceed 200 meters). foraging individuals have been reported United States from southern Virginia Habitat preferences of Northwest off the southern coastline of Oman through Alabama. Additional nesting Atlantic non-nesting adult loggerheads (Salm et al., 1993). Satellite telemetry beaches are found along the northern in the neritic zone differ from the studies of post-nesting migrations of and western Gulf of Mexico, eastern juvenile stage in that relatively loggerheads nesting on Masirah Island, Yucatan Peninsula, at Cay Sal Bank in enclosed, shallow water estuarine Oman, have revealed extensive use of the eastern Bahamas (Addison and habitats with limited ocean access are the waters off the Arabian Peninsula, Morford, 1996; Addison, 1997), on the less frequently used. Areas such as with the majority of telemetered turtles southwestern coast of Cuba (F. Pamlico Sound and the Indian River traveling southwest, following the Moncada-Gavilan, personal Lagoon in the United States, regularly shoreline of southern Oman and Yemen, communication, cited in Ehrhart et al., used by juvenile loggerheads, are only and circling well offshore in nearby 2003), and along the coasts of Central rarely frequented by adults. In oceanic waters (Environment Society of America, Colombia, Venezuela, and the comparison, estuarine areas with more Oman and Ministry of Environment and eastern Caribbean Islands. In the open ocean access, such as Chesapeake Climate Change, Oman, unpublished Southwest Atlantic, loggerheads nest in Bay in the U.S. mid-Atlantic, are also data). A minority traveled north as far significant numbers only in Brazil. In regularly used by juvenile loggerheads, as the western Persian (Arabian) Gulf or the eastern Atlantic, the largest nesting as well as by adults primarily during

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12601

warmer seasons. Shallow water habitats Mediterranean Sea been confirmed through flipper tagging with large expanses of open ocean Loggerhead turtles are widely (Argano et al., 1992; Casale et al., 2007b) access, such as Florida Bay, provide distributed in the Mediterranean Sea. and satellite tracking (Rees and year-round resident foraging areas for However, nesting is almost entirely Margaritoulis, 2009). significant numbers of male and female confined to the eastern Mediterranean Overview of Information Used To adult loggerheads. Offshore, adults basin, with the main nesting Identify DPSs primarily inhabit continental shelf concentrations in Cyprus, Greece, and waters, from New York south through In the Status Review, the BRT Turkey (Margaritoulis et al., 2003). considered a vast array of information to Florida, The Bahamas, Cuba, and the Preliminary surveys in Libya suggested assess whether there are any loggerhead Gulf of Mexico. The southern edge of nesting activity comparable to Greece population segments that satisfy the the Grand Bahama Bank is important and Turkey, although a better DPS criteria of both discreteness and habitat for loggerheads nesting on the quantification is needed (Laurent et al., significance. First, the BRT examined Cay Sal Bank in The Bahamas, but 1999). Minimal to moderate nesting also whether there were any loggerhead nesting females are also resident in the occurs in other countries throughout the population segments that were discrete. bights of Eleuthera, Long Island, and Mediterranean including Egypt, Israel, Data relevant to the discreteness Ragged Islands as well as Florida Bay in Italy (southern coasts and islands), question included physical, ecological, the United States, and the north coast of Lebanon, Syria, and Tunisia behavioral, and genetic data. Given the Cuba (A. Bolten and K. Bjorndal, (Margaritoulis et al., 2003). Recently, physical separation of ocean basins by University of Florida, unpublished isolated nesting events have been continents, the BRT evaluated these data). Moncada et al. (in press) reported recorded in the western Mediterranean data by ocean basin (Pacific Ocean, the recapture in Cuban waters of five basin, namely in Spain, Corsica Indian Ocean, and Atlantic Ocean). This adult female loggerheads originally (France), and in the Tyrrhenian Sea was not to preclude any larger or flipper tagged in Quintana Roo, Mexico, (Italy) (Tomas et al., 2002; Delaugerre smaller DPS delineation, but to aid in indicating that Cuban shelf waters likely and Cesarini, 2004; Bentivegna et al., data organization and assessment. The also provide foraging habitat for adult 2005). BRT then evaluated genetic information Important neritic habitats have been females that nest in Mexico. by ocean basin. The genetic data suggested for the large continental consisted of results from studies using In the Northeast Atlantic, satellite shelves of: (1) Tunisia-Libya, (2) maternally inherited mitochondrial telemetry studies of post-nesting northern Adriatic Sea, (3) Egypt, and (4) DNA (mtDNA) and biparentally females from Cape Verde identified two Spain (Margaritoulis, 1988; Argano et inherited nuclear DNA microsatellite distinct dispersal patterns; larger al., 1992; Laurent and Lescure, 1994; markers. Next, tagging data (both flipper individuals migrated to benthic foraging Lazar et al., 2000; Gomez de Segura et and PIT tags) and telemetry data were areas off the northwest Africa coast and al., 2006; Broderick et al., 2007; Casale reviewed. Additional information, such smaller individuals foraged primarily et al., 2007b; Nada and Casale, 2008). At as potential differences in morphology, oceanically off the northwest Africa least the first three constitute shallow was also evaluated. Finally, the BRT coast (Hawkes et al., 2006). Monzon- benthic habitats for adults (including considered whether the available Arguello et al. (2009) conducted a post-nesting females). Some other information on loggerhead population mixed stock analysis of juvenile neritic foraging areas include segments was bounded by any loggerheads sampled from foraging areas Amvrakikos Bay in western Greece, oceanographic features (e.g., current in the Canary Islands, Madeira, Azores, Lakonikos Bay in southern Greece, and systems) or geographic features (e.g., and Andalusia and concluded that southern Turkey. Oceanic foraging areas land masses). while juvenile loggerheads from the for small juvenile loggerheads have been In accordance with the DPS policy, Cape Verde population were distributed identified in the south Adriatic Sea the BRT also reviewed whether the among these four sites, a large (Casale et al., 2005b), Ionian Sea population segments identified in the proportion of Cape Verde juvenile (Deflorio et al., 2005), Sicily Strait discreteness analysis were significant. If turtles appear to inhabit as yet (Casale et al., 2007b), and western a population segment is considered unidentified foraging areas. Mediterranean (Spain) (e.g., Camin˜ as et discrete, its biological and ecological al., 2006). In addition, tagged juvenile significance must then be considered. In the South Atlantic, relatively little loggerheads have been recorded NMFS and USFWS must consider is known about the at-sea behavior of crossing the Mediterranean from the available scientific evidence of the loggerheads originating from nesting eastern to the western basin and vice discrete segment’s importance to the beaches in Brazil. Recaptures of tagged versa, as well as in the Eastern Atlantic taxon to which it belongs. Data relevant juvenile turtles and nesting females (Argano et al., 1992; Casale et al., to the significance question include have shown movement of animals up 2007b). morphological, ecological, behavioral, and down the coast of South America Reproductive migrations have been and genetic data, as described above. (Almeida et al., 2000; Marcovaldi et al., confirmed by flipper tagging and The BRT considered the following 2000; Laporta and Lopez, 2003; Almeida satellite telemetry. Female loggerheads, factors, listed in the DPS policy, in et al., 2007). Juvenile loggerheads, after nesting in Greece, migrate determining whether the discrete presumably of Brazilian origin, have primarily to the Gulf of Gabe`s and the population segments were significant: also been captured on the high seas of northern Adriatic (Margaritoulis, 1988; (a) Persistence of the discrete segment in the South Atlantic (Kotas et al., 2004; Margaritoulis et al., 2003; Lazar et al., an ecological setting unusual or unique Pinedo and Polacheck, 2004) and off the 2004; Zbinden et al., 2008). Loggerheads for the taxon; (b) evidence that loss of coast of Atlantic Africa (Bal et al., 2007; nesting in Cyprus migrate to Egypt and the discrete segment would result in a Petersen, 2005; Petersen et al., 2007) Libya, exhibiting fidelity in following significant gap in the range of the taxon; suggesting that loggerheads of the South the same migration route during (c) evidence that the discrete segment Atlantic may undertake transoceanic subsequent nesting seasons (Broderick represents the only surviving natural developmental migrations (Bolten et al., et al., 2007). In addition, directed occurrence of a taxon that may be more 1998; Peckham et al., 2007). movements of juvenile loggerheads have abundant elsewhere as an introduced

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12602 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

population outside its historical range; temperatures during interglacial periods found along the southern Japanese and (d) evidence that the discrete allowed bi-directional invasion by the coastline and Ryukyu Archipelago segment differs markedly from other temperate-adapted loggerheads into the (Kamezaki et al., 2003), although low populations of the species in its genetic respective basins (Bowen et al., 1994; level nesting may occur outside Japan in characteristics. J.S. Reece, Washington University, areas surrounding the South China Sea A discrete population segment needs personal communication, 2008). Today, (Chan et al., 2007). Loggerhead turtles to satisfy only one of these criteria to be it appears that loggerheads within a hatching on Japanese beaches undertake considered significant. The DPS policy basin are effectively isolated from extensive developmental migrations also allows for consideration of other populations in the other basin, but some using the Kuroshio and North Pacific factors if they are appropriate to the dispersal from the Tongaland rookery in Currents (Balazs, 2006; Kobayashi et al., biology or ecology of the species. As the Indian Ocean into feeding and 2008), and some turtles reach the described below, the BRT evaluated the developmental habitat in the South vicinity of Baja California in the eastern available information and considered Atlantic is possible via the Agulhas Pacific (Uchida and Teruya, 1988; items (a), (b) and (d), as noted above, to Current (G.R. Hughes, unpublished data, Bowen et al., 1995; Peckham et al., be most applicable to loggerheads. cited in Bowen et al., 1994). In the 2007). After spending years foraging in Discreteness Determination Pacific, extensive mtDNA studies show the central and eastern Pacific, that the northern loggerhead loggerheads return to their natal beaches As described in the Status Review, the populations are isolated from the for reproduction (Resendiz et al., 1998; loggerhead sea turtle is present in all southern Pacific populations, and that Nichols et al., 2000) and remain in the tropical and temperate ocean basins, juvenile loggerheads from these distinct western Pacific for the remainder of and has a life history that involves genetic populations do not disperse their life cycle (Iwamoto et al., 1985; nesting on coastal beaches and foraging across the equator (Hatase et al., 2002a; Kamezaki et al., 1997; Sakamoto et al., in neritic and oceanic habitats, as well Dutton, 2007, unpublished data). 1997; Hatase et al., 2002c). as long-distance migrations between and Mitochondrial DNA data indicate that Despite the long-distance within these areas. As with other regional turtle rookeries within an ocean developmental movements of globally distributed marine species, basin have been strongly isolated from loggerheads in the North Pacific, current today’s global loggerhead population one another over ecological timescales scientific evidence, based on genetic has been shaped by a sequence of (Bowen et al., 1994; Bowen and Karl, analysis, flipper tag recoveries, and isolation events created by tectonic and 2007). These same data indicate strong satellite telemetry, indicates that oceanographic shifts over geologic time female natal homing and suggest that individuals originating from Japan scales, the result of which is population each regional nesting population is an remain in the North Pacific for their substructuring in many areas (Bowen et independent demographic unit (Bowen entire life cycle, never crossing the al., 1994; Bowen, 2003). Globally, and Karl, 2007). It is difficult to equator or mixing with individuals from loggerhead turtles comprise a mosaic of determine the precise boundaries of the South Pacific (Hatase et al., 2002a; populations, each with unique nesting these demographically independent LeRoux and Dutton, 2006; Dutton, 2007, sites and in many cases possessing populations in regions, such as the unpublished data). This apparent, disparate demographic features (e.g., eastern U.S. coast, where rookeries are almost complete separation of two mean body size, age at first close to each other and range along large adjacent populations most likely results reproduction) (Dodd, 1988). However, areas of a continental coastline. There from: (1) The presence of two distinct despite these differences, loggerheads appear to be varying levels of Northern and Southern Gyre (current from different nesting populations often connectivity between proximate flow) systems in the Pacific (Briggs, mix in common foraging areas during rookeries facilitated by imprecise natal 1974), (2) near-passive movements of certain life stages (Bolten and homing and male mediated gene flow post-hatchlings in these gyres that Witherington, 2003), thus creating (Pearce, 2001; Bowen, 2003; Bowen et initially move them farther away from unique challenges when attempting to al., 2005). Regional genetic populations areas of potential mixing among the two delineate distinct population segments often are characterized by allelic populations along the equator, and (3) for management or listing purposes. frequency differences rather than fixed the nest-site fidelity of adult turtles that Bowen et al. (1994) examined the genetic differences. prevents turtles from returning to non- mtDNA sequence diversity of Through the evaluation of genetic natal nesting areas. loggerheads across their global data, tagging data, telemetry, and Pacific loggerheads are further distribution and found a separation of demography, the BRT determined that partitioned evolutionarily from other loggerheads in the Atlantic- there are at least nine discrete loggerheads throughout the world based Mediterranean basins from those in the population segments of loggerhead sea on additional analyses of mtDNA. The Indo-Pacific basins since the Pleistocene turtles globally. These discrete haplotypes (a haplotype refers to the period. The divergence between these population segments are markedly genetic signature, coded in mtDNA, of two primary lineages corresponds to separated from each other as a an individual) from both North and approximately three million years (2 consequence of physical, ecological, South Pacific loggerheads are percent per million years; Dutton et al., behavioral, and oceanographic factors, distinguished by a minimum genetic 1996; Encalada et al., 1996). Geography and given the genetic evidence, the BRT distance (d) equal to 0.017 from other and climate appear to have shaped the concluded that each regional population conspecifics, which indicates isolation evolution of these two matriarchal identified is discrete from other of approximately one million years lineages with the onset of glacial cycles, populations of loggerheads. Information (Bowen, 2003). the appearance of the Panama Isthmus considered by the BRT in its delineation Within the Pacific, Bowen et al. creating a land barrier between the of discrete population segments is (1995) used mtDNA to identify two Atlantic and eastern Pacific, and presented below by ocean basin. genetically distinct nesting populations upwelling of cold water off southern in the Pacific—a northern hemisphere Africa creating an oceanographic barrier Pacific Ocean population nesting in Japan and a between the Atlantic and Indian Oceans In the North Pacific Ocean, the southern hemisphere population nesting (Bowen, 2003). Recent warm primary loggerhead nesting areas are primarily in Australia. This study also

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12603

suggested that some loggerheads single tag recovery has been reported serves as the dominant physical and sampled as bycatch in the North Pacific outside the North Pacific. biological habitat in the North Pacific might be from the Australian nesting A lack of movements by loggerheads and is highly productive, likely due to population (Bowen et al., 1995). south across the equator has also been unique features such as eddies and However, more extensive mtDNA supported by extensive satellite meanders that concentrate prey and rookery data from Japan (Hatase et al., telemetry. As with flipper tagging, support food webs. Juvenile loggerheads 2002a) taken together with preliminary satellite telemetry has been conducted originating from nesting beaches in results from microsatellite (nuclear) widely in the North Pacific, with Japan exhibit high site fidelity to an area analysis confirms that loggerheads satellite transmitters being placed on referred to as the Kuroshio Extension inhabiting the North Pacific actually adult turtles departing nesting beaches Bifurcation Region, an area with originate from nesting beaches in Japan (Sakamoto et al., 1997; Japan Fisheries extensive meanders and mesoscale (P. Dutton, NMFS, unpublished data). Resource Conservation Association, eddies (Polovina et al., 2006). Juvenile LeRoux et al. (2008) reported additional 1999; Hatase et al., 2002b, 2002c), on turtles also were found to correlate genetic variation in North Pacific adult and juvenile turtles bycaught in strongly with areas of surface loggerheads based on analyses using pound nets off the coast of Japan (Sea chlorophyll a levels in an area known as new mtDNA primers designed to target Turtle Association of Japan, the Transition Zone Chlorophyll Front, longer mtDNA sequences, and suggested unpublished data), on headstarted an area concentrating surface prey for finer scale population structure in North juvenile turtles released in Japan loggerheads (Polovina et al., 2001; Pacific loggerheads may be present. (Balazs, 2006), on juvenile and adult Parker et al., 2005; Kobayashi et al., Although these studies indicate turtles bycaught in the eastern and 2008). Another area found ecologically genetic distinctness between central North Pacific (e.g., Kobayashi et unique to the North Pacific population loggerheads nesting in Japan versus al., 2008), and on juvenile turtles of loggerheads, likely because of the those nesting in Australia, Bowen et al. foraging in the eastern Pacific (Nichols, high density of pelagic red crabs (1995) did identify individuals with the 2003; Peckham et al., 2007; J. Seminoff, (Pleuronocodes planipes), is located off common Australian haplotype at NMFS, unpublished data). Of the nearly the Pacific coast of the Baja California foraging areas in the North Pacific, 200 loggerheads tracked using satellite Peninsula, Mexico, where researchers based on a few individuals sampled as telemetry in the North Pacific, none have documented a foraging area for bycatch in the North Pacific. More have moved south of the equator. These juvenile turtles based on aerial surveys studies have demonstrated the strong recently, Hatase et al. (2002a) detected and satellite telemetry (Seminoff et al., association loggerheads show with this common haplotype at very low 2006; Peckham et al., 2007). Tag returns oceanographic mesoscale features such frequency at Japanese nesting beaches. show post-nesting females migrating as the Transition Zone Chlorophyll However, the presence of the common into the East China Sea off South Korea, Front or the Kuroshio Current Australian haplotype does not preclude China, and the Philippines, and the Bifurcation Region (Polovina et al., the genetic distinctiveness of Japanese nearby coastal waters of Japan (Iwamoto 2000, 2001, 2004, 2006; Etnoyer et al., and Australian nesting populations, and et al., 1985; Kamezaki et al., 1997, 2006; Kobayashi et al., 2008). Kobayashi 2003). Clearly, the North Pacific is likely the result of rare gene flow et al. (2008) demonstrated that population of loggerheads is uniquely events occurring over geologic time loggerheads strongly track these zones adapted to the ecological setting of the scales. even as they shift in location, suggesting North Pacific Ocean and serves as an The discrete status of loggerheads in that strong habitat specificity during the important part of the ecosystem it the North Pacific is further supported by oceanic stage also contributes to the lack inhabits. results from flipper tagging in the North of mixing. Telemetry studies in foraging In summary, loggerheads inhabiting Pacific. Flipper tagging of loggerheads areas of the eastern Pacific, near Baja the North Pacific Ocean are derived has been widespread throughout this California, Mexico (Nichols, 2003; primarily, if not entirely, from Japanese region, occurring on adults nesting in Peckham et al., 2007; H. Peckham, Pro beaches (although low level nesting may Japan and bycaught in the coastal pound Peninsula, unpublished data) and Peru occur outside Japan in areas net fishery (Y. Matsuzawa, Sea Turtle (J. Mangel, Pro Delphinus, unpublished surrounding the South China Sea), with Association of Japan, personal data) similarly showed a complete lack the possible exception of rare waifs over communication, 2006), juvenile turtles of long distance north or south evolutionary time scales. Further, reared and released in Japan (Uchida movements. nesting colonies of Japanese loggerheads and Teruya, 1988; Hatase et al., 2002a), The North Pacific population of are found to be genetically distinct juvenile turtles foraging near Baja loggerheads appears to occupy an based on mtDNA analyses, and when California, Mexico (Nichols, 2003; ecological setting distinct from other compared to much larger and more Seminoff et al., 2004), and juvenile and loggerheads, including those of the genetically diverse loggerhead adult loggerheads captured in and South Pacific population. This is the populations in the Atlantic and tagged from commercial fisheries only known population of loggerheads Mediterranean, Pacific loggerheads have platforms in the North Pacific high seas to be found north of the equator in the likely experienced critical bottlenecks (NMFS, unpublished data). To date, Pacific Ocean, foraging in the eastern (in Hatase et al., 2002a), underscoring there have been at least three Pacific as far south as Baja California the importance of conservation and transPacific tag recoveries showing east- Sur, Mexico (Seminoff et al., 2004; management to retain this genetically west and west-east movements (Uchida Peckham et al., 2007) and in the western distinct population. and Teruya, 1988; Resendiz et al., 1998; Pacific as far south as the Philippines In the South Pacific Ocean, W.J. Nichols, Ocean Conservancy, and (Limpus, 2009) and the mouth of loggerhead turtles nest primarily in H. Peckham, Pro Peninsula, Mekong River, Vietnam (Sadoyama et Queensland, Australia, and, to a lesser unpublished data) and several al., 1996). Pelagic juvenile turtles spend extent, New Caledonia and Vanuatu recoveries of adults in the western much of their time foraging in the (Limpus and Limpus, 2003; Limpus et Pacific (Iwamoto et al., 1985; Kamezaki central and eastern North Pacific Ocean. al., 2006; Limpus, 2009). Loggerheads et al., 1997). However, despite the more The Kuroshio Extension Current, lying from these rookeries undertake an than 30,000 marked individuals, not a west of the international date line, oceanic developmental migration,

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12604 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

traveling to habitats in the central and percent of nesting females) (Bowen et Loggerheads in the South Pacific are southeastern Pacific Ocean where they al., 1994; FitzSimmons et al., 1996; substantially impacted by periodic may reside for several years prior to Boyle et al., 2009). Further, preliminary environmental perturbations such as the returning to the western Pacific for genetic analysis using microsatellite El Nin˜ o Southern Oscillation (ENSO). reproduction. Loggerheads in this early markers (nuclear DNA) indicates genetic This 3- to 6-year cycle within the life history stage differ markedly from distinctiveness between nesting coupled ocean-atmosphere system of the those originating from western Australia populations in the North versus South tropical Pacific brings increased surface beaches in that they undertake long Pacific (P. Dutton, NMFS, personal water temperatures and lower primary west-to-east migrations, likely using communication, 2008). productivity, both of which have specific areas of the pelagic The separateness between nesting profound biological consequences environment of the South Pacific Ocean. populations in eastern Australia (in the (Chavez et al., 1999). Loggerheads are An unknown portion of these South Pacific Ocean) and western presumably adversely impacted by the loggerheads forage off Chile and Peru, Australia (in the East Indian Ocean) is reduced food availability that often and preliminary genetic information less clear, although these too are results from ENSO events, although data from foraging areas in the southeastern considered to be genetically distinct on this subject are lacking. Although Pacific confirms that the haplotype from one another (Limpus, 2009). For ENSO may last for only short periods frequencies among juvenile turtles in example, mtDNA haplotype CCP1, and thus not have a long-term effect on these areas closely match those found at which is the overwhelmingly dominant loggerheads in the region, recent studies nesting beaches in eastern Australia haplotype among eastern Australia by Chaloupka et al. (2008) suggested (Alfaro-Shigueto et al., 2004; Donoso nesting females (98 percent), is also that long-term increases in sea surface and Dutton, 2006, 2007; Boyle et al., found in western Australia, although at temperature within the South Pacific 2009). Large juvenile and adult much lower frequency (33 percent) may influence the ability of the loggerheads generally remain in the (FitzSimmons et al., 1996, 2003). The Australian nesting population to recover western South Pacific, inhabiting neritic remaining haplotype for both regions from historic population declines. and oceanic foraging sites during non- was the CCP5 haplotype. Further, Loggerheads originating from nesting nesting periods (Limpus et al., 1994; FitzSimmons (University of Canberra, beaches in the western South Pacific are Limpus, 2009). unpublished data) found significant the only population of loggerheads to be Loggerheads from Australia and New differences in nuclear DNA found south of the equator in the Pacific Caledonia apparently do not travel microsatellite loci from females nesting Ocean. As post-hatchlings, they are north of the equator. Flipper tag in these two regions. Estimates of gene generally swept south by the East recoveries from nesting females have flow between eastern and western Australian Current (Limpus et al., 1994), spend a large portion of time foraging in been found throughout the western Australian populations was an order of Pacific, including sites north of the oceanic South Pacific Ocean, and magnitude less than gene flow within Australia, the Torres Straight, and the some migrate to the southeastern Pacific regions. These preliminary results based Gulf of Carpentaria (Limpus, 2009). Of Ocean off the coasts of Peru and Chile on nuclear DNA indicate that male- approximately 1,000 (adult and as juvenile turtles (Alfaro-Shigueto et mediated gene flow between eastern and juvenile; male and female) loggerheads al., 2004; Donoso et al., 2000; Boyle et western Australia may be insignificant, that have been tagged in eastern al., 2009). As large juveniles and adults, which, when considered in light of the Australian feeding areas, only two have these loggerheads’ foraging range substantial disparity in mtDNA been recorded nesting outside of encompasses the eastern Arafura Sea, haplotype frequencies between these Australia; both traveled to New Gulf of Carpentaria, Torres Strait, Gulf two regions, provides further evidence Caledonia (Limpus, 2009). Flipper of Papua, Coral Sea, and western tagging programs in Peru and Chile of population separation. Tasman Sea to southern New South tagged approximately 500 loggerheads At present, there is no indication from Wales including the Great Barrier Reef, from 1999 to 2006, none of which have genetic studies that the loggerhead Hervey Bay, and Moreton Bay. The been reported from outside of the turtles nesting in eastern Australia are outer extent of this range includes the southeastern Pacific (Alfaro-Shigueto et distinct from those nesting in New coastal waters off eastern Indonesia al., 2008a; S. Kelez, Duke University Caledonia. Of 27 turtles sequenced from northeastern Papua New Guinea, Marine Laboratory, unpublished data; New Caledonia, 93 percent carried the northeastern Solomon Islands, and New M. Donoso, ONG Pacifico Laud—Chile, CCP1 haplotype and the remaining had Caledonia (in Limpus, 2009). unpublished data). Limited satellite the CCP5 haplotype; similar to eastern In summary, all loggerheads telemetry data from 12 turtles in the Australia (Boyle et al., 2009). inhabiting the South Pacific Ocean are area show a similar trend (J. Mangel, Pro The South Pacific population of derived from beaches in eastern Delphinus, unpublished data). loggerheads occupies an ecological Australia and a lesser known number of The spatial separation between the setting distinct from other loggerheads, beaches in southern New Caledonia, North Pacific and South Pacific including the North Pacific population; Vanuatu, and Tokelau (Limpus and loggerhead populations has contributed however, less is known about the Limpus, 2003; Limpus, 2009). to substantial differences in the genetic ecosystem on which South Pacific Furthermore, nesting colonies of the profiles of the nesting populations in oceanic juvenile and adult loggerheads South Pacific population of loggerheads these two regions. Whereas the depend. Sea surface temperature and are found to be genetically distinct from dominant mtDNA haplotypes among chlorophyll frontal zones in the South loggerheads in the North Pacific and loggerheads nesting in Japan are CCP2 Pacific have been shown to dramatically Indian Ocean. and CCP3 (equivalent to B and C affect the movements of green turtles, Given the information presented respectively in Bowen et al., 1995 and Chelonia mydas (Seminoff et al., 2008) above, the BRT concluded, and we Hatase et al., 2002a; LeRoux et al., 2008; and leatherback turtles, Dermochelys concur, that two discrete population P. Dutton, NMFS, unpublished data), coriacea (Shillinger et al., 2008), and it segments exist in the Pacific Ocean: (1) loggerheads nesting in eastern Australia is likely that loggerhead distributions North Pacific Ocean and (2) South have a third haplotype (CCP1, are also affected by these mesoscale Pacific Ocean. These two population previously A) which is dominant (98 oceanographic features. segments are markedly separated from

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12605

each other and from population was little justification for this that loggerheads nesting in Oman segments within the Indian Ocean and separation. traveled south of the equator. Atlantic Ocean basins as a consequence In the North Indian Ocean, Oman In the East Indian Ocean, western of physical, ecological, behavioral, and hosts the vast majority of loggerhead Australia hosts all known loggerhead oceanographic factors. Information nesting. The largest nesting assemblage nesting (Dodd, 1988). Nesting supporting this conclusion includes is at Masirah Island, Oman, in the distributions in western Australia span genetic analysis, flipper tag recoveries, northern tropics at 21° N latitude from the Shark Bay World Heritage Area and satellite telemetry, which indicate (Baldwin et al., 2003). Other key nesting northward through the Ningaloo Marine that individuals originating from Japan assemblages occur on the Al Halaniyat Park coast to the North West Cape and remain in the North Pacific for their Islands, Oman (17° S latitude) and on to the nearby Muiron Islands (Baldwin entire life cycle, never crossing the Oman’s Arabian Sea mainland beaches et al., 2003). Nesting individuals from equator or mixing with individuals from south of Masirah Island to the Oman- Dirk Hartog Island have been recorded the South Pacific (Hatase et al., 2002a; Yemen border (17–20° S latitude) foraging within Shark Bay and Exmouth LeRoux and Dutton, 2006; Dutton, 2007, (IUCN—The World Conservation Union, Gulf, while other adults range into the unpublished data). This apparent, 1989a, 1989b; Salm, 1991; Salm and Gulf of Carpentaria (Baldwin et al., almost complete separation most likely Salm, 1991; Baldwin et al., 2003). In 2003). At the eastern extent of this results from: (1) The presence of two addition, nesting probably occurs on the apparent range, there is possible overlap distinct Northern and Southern Gyre mainland of Yemen on the Arabian Sea with loggerheads that nest on (current flow) systems in the Pacific coast, and nesting has been confirmed Australia’s Pacific coast (Limpus, 2009). (Briggs, 1974), (2) near-passive on Socotra, an island off the coast of However, despite extensive tagging at movements of post-hatchlings in these Yemen (Pilcher and Saad, 2000). principal nesting beaches on Australia’s gyres that initially move them farther Outside of Oman, loggerhead nesting Indian Ocean and Pacific coasts, no away from areas of potential mixing is rare in the North Indian Ocean. The exchange of females between nesting along the equator, and (3) the nest-site only verified nesting beaches for beaches has been observed (Limpus, fidelity of adult turtles that prevents loggerheads on the Indian subcontinent 2009). turtles from returning to non-natal are found in Sri Lanka (Deraniyagala, Loggerhead nesting in the Southwest nesting areas. The separation of the 1939; Kar and Bhaskar, 1982; Dodd, Indian Ocean includes the southeastern Pacific Ocean population segments from 1988; Kapurusinghe, 2006). Reports of coast of Africa from the Paradise Islands population segments within the Indian regular loggerhead nesting on the Indian in Mozambique southward to St. Lucia Ocean and Atlantic Ocean basins is mainland are likely misidentifications in South Africa, and on the south and believed to be the result of land barriers of olive ridleys (Lepidochelys olivacea) southwestern coasts of Madagascar (Tripathy, 2005; Kapurusinghe, 2006). (Baldwin et al., 2003). Foraging habitats and oceanographic barriers. Based on Although loggerheads have been are only known for the Tongaland, mtDNA analysis, Bowen et al. (1994) reported nesting in low numbers in South Africa, adult female loggerheads. found a separation of loggerheads in the Myanmar, these data may not be reliable Returns of flipper tags describe a range Atlantic-Mediterranean basins from because of misidentification of species that extends eastward to Madagascar, those in the Indo-Pacific basins since (Thorbjarnarson et al., 2000). northward to Mozambique, Tanzania, the Pleistocene period. Geography and Limited information exists on foraging and Kenya, and southward to Cape climate appear to have shaped the locations of North Indian Ocean Agulhas at the southernmost point of evolution of these two matriarchal loggerheads. Foraging individuals have Africa (Baldwin et al., 2003). Four post- lineages with the onset of glacial cycles, been reported off the southern coastline nesting loggerheads satellite tracked by the appearance of the Panama Isthmus of Oman (Salm et al., 1993) and in the Luschi et al. (2006) migrated northward, creating a land barrier between the Gulf of Mannar, between Sri Lanka and hugging the Mozambique coast and Atlantic and eastern Pacific, and India (Tripathy, 2005; Kapurusinghe, remained in shallow shelf waters off upwelling of cold water off southern 2006). Satellite telemetry studies of Mozambique for more than 2 months. Africa creating an oceanographic barrier post-nesting migrations of loggerheads Only one post-nesting female from the between the Atlantic and Indian Oceans nesting on Masirah Island, Oman, have Southwest Indian Ocean population (Bowen, 2003). revealed extensive use of the waters off (South Africa) has been documented Indian Ocean the Arabian Peninsula, with the migrating north of the equator (to majority of telemetered turtles (15 of 20) southern Somalia) (Hughes and Similar to loggerheads in the Pacific traveling southwest, following the Bartholomew, 1996). and Atlantic, loggerheads in the Indian shoreline of southern Oman and Yemen, The available genetic information Ocean nest on coastal beaches, forage in and circling well offshore in nearby relates to connectivity and broad neritic and oceanic habitats, and oceanic waters (Environment Society of evolutionary relationships between undertake long-distance migrations Oman and Ministry of Environment and ocean basins. There is a lack of genetic between and within these areas. The Climate Change, Oman, unpublished information on population structure distribution of loggerheads in the Indian data). A minority traveled north as far among rookeries within the Indian Ocean is limited by the Asian landmass as the western Persian (Arabian) Gulf (3 Ocean. Bowen et al. (1994) described to the north (approximately 30° N of 20) or followed the shoreline of mtDNA sequence diversity among eight latitude); distributions east and west are southern Oman and Yemen as far west loggerhead nesting assemblages and not restricted by landmasses south of as the Gulf of Aden and the Bab-el- found one of two principal branches in approximately 38° S latitude. Mandab (2 of 20). These preliminary the Indo-Pacific basins. Using additional Historical accounts of loggerhead data suggest that post-nesting migrations published and unpublished data, Bowen turtles in the Indian Ocean are found in and adult female foraging areas may be (2003) estimated divergence between Smith (1849), who described the species centered within the region these two lineages to be approximately in South Africa, and Deraniyagala (1933, (Environment Society of Oman and three million years. Bowen pointed out 1939) who described Indian Ocean Ministry of Environment and Climate evidence for more recent colonizations loggerheads within the subspecies C. c. Change, Oman, unpublished data). No (12,000–250,000 years ago) between the gigas. Hughes (1974) argued that there tag returns or satellite tracks indicated Indian Ocean and the Atlantic-

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12606 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

Mediterranean. For example, the sole multiple lines of evidence, discrete evolution of these two matriarchal mtDNA haplotype (among eight status is supported for the North Indian lineages with the onset of glacial cycles, samples) identified by Bowen et al. Ocean, Southeast Indo-Pacific Ocean, the appearance of the Panama Isthmus (1994) at Masirah Island, Oman, is and Southwest Indian Ocean loggerhead creating a land barrier between the known from the Atlantic and suggests populations. Although there is not a Atlantic and eastern Pacific, and some exchange between oceans some sufficiently clear picture of gene flow upwelling of cold water off southern 250,000 years ago. The other principal between these regions, significant Africa creating an oceanographic barrier Indian Ocean haplotype reported by vicariant barriers likely exist between between the Atlantic and Indian Oceans Bowen et al. (1994) was seen in all these three Indian Ocean populations (Bowen, 2003). In the East Indian loggerheads sampled (n=15) from Natal, that would prevent migration of Ocean, although there is possible South Africa. Encalada et al. (1998) individuals on a time scale relative to overlap with loggerheads that nest on reported that this haplotype was management and conservation efforts. Australia’s Indian Ocean and Pacific common throughout the North Atlantic These vicariant barriers are the Ocean coasts, extensive tagging at the and Mediterranean, thus suggesting a oceanographic phenomena associated principal nesting beaches on both coasts similar exchange between the Atlantic with Indian Ocean equatorial waters, has revealed no exchange of females and Indian Oceans as recently as 12,000 and the large expanse between between these nesting beaches (Limpus, years ago (Bowen et al., 1994). Bowen continents in the South Indian Ocean 2009). (2003) speculated that Indian-Atlantic without suitable benthic foraging Atlantic Ocean and Mediterranean Sea Ocean exchanges took place via the habitat. temperate waters south of South Africa Given the information presented Within the Atlantic Ocean, loss and and became rare as the ocean shifted to above, the BRT concluded, and we re-colonization of nesting beaches over cold temperate conditions in this region. concur, that three discrete population evolutionary time scales has been To estimate loggerhead gene flow in segments exist in the Indian Ocean: (1) influenced by climate, natal homing, and out of the Indian Ocean, J.S. Reece North Indian Ocean, (2) Southeast Indo- and rare dispersal events (Encalada et (Washington University, personal Pacific Ocean, and (3) Southwest Indian al., 1998; Bowen and Karl, 2007). At communication, 2008) examined 100 Ocean. These three population segments times, temperate beaches were too cool samples from Masirah Island, 249 from are markedly separated from each other to incubate eggs and nesting could have Atlantic rookeries (from Encalada et al., and from population segments within succeeded only on tropical beaches. 1998), and 311 from Pacific rookeries the Pacific Ocean and Atlantic Ocean Thus, the contemporary distribution of (from Hatase et al., 2002a and Bowen et nesting is the product of colonization al., 1995). Reece estimated that gene basins as a consequence of physical, ecological, behavioral, and events from the tropical refugia during flow, expressed as number of effective the last 12,000 years. Apparently, turtles migrants, or exchanges of breeding oceanographic factors. Information supporting this conclusion is primarily from the Northwest Atlantic colonized females between Indian Ocean rookeries the Mediterranean and at least two and those from the Atlantic or Pacific based on observations of tag returns and matrilines were involved (Schroth et al., occurred at the rate of less than 0.1 satellite telemetry. The genetic 1996); these rookeries became isolated migrant per generation. Reece estimated information currently available based on from the Atlantic populations in the last gene flow based on coalescence of mtDNA sequences does not allow for a 10,000 years (Encalada et al., 1998). A combined mtDNA and nuclear DNA comprehensive analysis of genetic similar colonization event appears to data to be approximately 0.5 migrants population structure for Indian Ocean have populated the Northeast Atlantic per generation. These unpublished rookeries; however, the Oman and (C. Monzon-Arguello, Instituto Canario results, while somewhat theoretical, South African rookeries are genetically de Ciencias Marinas—Spain, personal may indicate that there is restricted gene distinct, and once sequencing studies communication, 2008). flow into and out of the Indian Ocean. are completed for these rookeries, it is The low level of gene flow most likely likely that they will also be determined Nesting in the western South Atlantic reflects the historical connectivity over genetically distinct from the rookeries in occurs primarily along the mainland geological timescales rather than any western Australia (Bowen et al. 1994). coast of Brazil from Sergipe south to Rio contemporary migration, and is Furthermore, significant vicariant de Janeiro, with peak concentrations in consistent with Bowen’s hypothesis that barriers (i.e., oceanographic phenomena northern Bahia, Espı´rito Santo, and exchange occurred most recently over associated with Indian Ocean equatorial northern Rio de Janeiro (Marcovaldi and 12,000–3,000,000 years ago, and has waters, and the large expanse between Chaloupka, 2007). In the eastern South been restricted over recent ecological continents in the South Indian Ocean Atlantic, diffuse nesting may occur timescales. without suitable benthic foraging along the mainland coast of Africa The discrete status of three loggerhead habitat) likely exist between these three (Fretey, 2001), with more than 200 populations in the Indian Ocean is Indian Ocean populations that would loggerhead nests reported for Rio Longa primarily supported by observations of prevent migration of individuals on a beach in central Angola in 2005 (Brian, tag returns and satellite telemetry. The time scale relative to management and 2007). However, other researchers have genetic information currently available conservation efforts. The separation of been unable to confirm nesting by based on mtDNA sequences does not the Indian Ocean population segments loggerheads in the last decade anywhere allow for a comprehensive analysis of from population segments within the along the south Atlantic coast of Africa, genetic population structure analysis for Pacific Ocean and Atlantic Ocean basins including Angola (Fretey, 2001; Weir et Indian Ocean rookeries, although is believed to be the result of land al., 2007). There is the possibility that Bowen et al. (1994) indicated the Oman barriers and oceanographic barriers. reports of nesting loggerheads from and South African rookeries are Based on mtDNA analysis, Bowen et al. Angola and Namibia (Ma´rquez M., 1990; genetically distinct, and once (1994) found a separation of loggerheads Brian, 2007) may have arisen from sequencing studies are completed for in the Atlantic-Mediterranean basins misidentified olive ridley turtles these rookeries, it is likely that they will from those in the Indo-Pacific basins (Brongersma, 1982; Fretey, 2001). At the also be genetically distinct from the since the Pleistocene period. Geography current time, it is not possible to rookeries in western Australia. Based on and climate appear to have shaped the confirm that regular, if any, nesting of

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00010 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12607

loggerheads occurs along the Atlantic (Tiwari and Bjorndal, 2000; markers (Shamblin et al., 2008) that will coast of Africa, south of the equator. Margaritoulis et al., 2003; Varo Cruz et enable finer resolution of population Genetic surveys of loggerheads have al., 2007). Egg size and mass of Brazilian boundaries. revealed that the Brazilian rookeries loggerheads are smaller than those from Loggerheads in the Northwest have a unique mtDNA haplotype the Northwest Atlantic, but larger than Atlantic display complex population (Encalada et al., 1998; Pearce, 2001). those of the Mediterranean (Tiwari and structure based on life history stages. The Brazilian mtDNA haplotype, Bjorndal, 2000). Based on mtDNA, oceanic juveniles relative to North Atlantic haplotypes, Within the Northwest Atlantic, the show no structure, neritic juveniles indicates isolation of South Atlantic majority of nesting activity occurs from show moderate structure, and nesting loggerheads from North Atlantic April through September, with a peak in colonies show strong structure (Bowen loggerheads on a scale of 250,000– June and July (Williams-Walls et al., et al., 2005). In contrast, a survey using 500,000 years ago, and microsatellite 1983; Dodd, 1988; Weishampel et al., microsatellite (nuclear DNA) markers DNA results show divergence on the 2006). Nesting occurs within the showed no significant population same time scale (Bowen, 2003). Brazil’s Northwest Atlantic along the coasts of structure among nesting populations unique haplotype has been found only North America, Central America, (Bowen et al., 2005), indicating that in low numbers in foraging populations northern South America, the Antilles, while females exhibit strong philopatry, of juvenile loggerheads of the North and The Bahamas, but is concentrated males may provide an avenue of gene Atlantic (Bass et al., 2004). Other lines in the southeastern United States and on flow between nesting colonies in this region. However, the power to detect of evidence support a deep division the Yucatan Peninsula in Mexico between loggerheads from the South structure with the nuclear markers used (Sternberg, 1981; Ehrhart, 1989; Ehrhart Atlantic and from the North Atlantic, in this study may have been limited due et al., 2003; NMFS and USFWS, 2008). including: (1) A nesting season in Brazil to the few markers used and small Many nesting beaches within the that peaks in the austral summer around sample sizes. Nevertheless, Bowen et al. Northwest Atlantic have yet to be December-January (Marcovaldi and (2005) argued that male-mediated gene sampled for genetic analysis. Five Laurent, 1996), as opposed to the April– flow within the Northwest Atlantic does recovery units (subpopulations) have September nesting season in the not detract from the classification of been identified based on genetic southeastern United States in the breeding areas as independent differences and a combination of northern hemisphere (Witherington et populations (e.g., recovery units) geographic distribution of nesting al., 2009); and (2) no observations of because the production of progeny tagged loggerheads moving across the densities and geographic separation. depends on female nesting success. All equator in the Atlantic, except a single These recovery units are: Northern Northwest Atlantic recovery units are case of a captive-reared animal that was Recovery Unit (Florida/Georgia border reproductively isolated from released as a juvenile from Espı´rito through southern Virginia), Peninsular populations within the Northeast Santo and was recaptured 3 years later Florida Recovery Unit (Florida/Georgia Atlantic, South Atlantic, and in the Azores (Bolten et al., 1990). Post- border through Pinellas County, Mediterranean Sea. nesting females from Espı´rito Santo, Florida), Northern Gulf of Mexico As oceanic juveniles, loggerheads Brazil, moved either north or south Recovery Unit (Franklin County, from the Northwest Atlantic use the along the coast, but remained between Florida, through Texas), Greater North Atlantic Gyre and often are 10° S latitude and 30° S latitude (Projeto Caribbean Recovery Unit (Mexico associated with Sargassum communities TAMAR, unpublished data). through French Guiana, The Bahamas, (Carr, 1987). They also are found in the Relatively little is known about the at- Lesser Antilles, and Greater Antilles), Mediterranean Sea. In these areas, they sea behavior of loggerheads originating and Dry Tortugas Recovery Unit (islands overlap with animals originating from from nesting beaches in Brazil. located west of Key West, Florida) the Northeast Atlantic and the Recaptures of tagged juvenile turtles and (NMFS and USFWS, 2008). There is Mediterranean Sea (Laurent et al., 1993, nesting females have shown movement limited exchange of nesting females 1998; Bolten et al., 1998; Bowen et al., of animals up and down the coast of among these recovery units (Encalada et 2005; LaCasella et al., 2005; Carreras et South America (Almeida et al., 2000; al., 1998; Foote et al., 2000; J. al., 2006; Monzon-Arguello et al., 2006; Marcovaldi et al., 2000; Laporta and Richardson personal communication Revelles et al., 2007). In the western Lopez, 2003; Almeida et al., 2007). cited in NMFS, 2001; Hawkes et al., Mediterranean, they tend to be Juvenile loggerheads, presumably of 2005). Based on the number of associated with the waters off the Brazilian origin, have also been haplotypes, the highest level of northern African coast and the captured on the high seas of the South loggerhead mtDNA genetic diversity in northeastern Balearic Archipelago, areas Atlantic (Kotas et al., 2004; Pinedo and the Atlantic has been observed in generally not inhabited by turtles of Polacheck, 2004) and off the coast of females of the Greater Caribbean Mediterranean origin (Carreras et al., Atlantic Africa (Petersen, 2005; Petersen Recovery Unit that nest at Quintana 2006; Revelles et al., 2007; Eckert et al., et al., 2007; Weir et al., 2007) suggesting Roo, Mexico (Encalada et al., 1999; 2008). As larger neritic juveniles, they that, like their North Pacific and Nielsen et al., in press). However, show more structure and tend to inhabit Northwest Atlantic counterparts, genetic diversity should be evaluated areas closer to their natal origins loggerheads of the South Atlantic may further using haplotype and nucleotide (Bowen et al., 2004), but some do move undertake transoceanic developmental diversity calculated similarly for each to and from oceanic foraging grounds migrations (Bolten et al., 1998; Peckham recovery unit. Genetic data are not throughout this life stage (Mansfield, et al., 2007). available for all the nesting assemblages 2006; McClellan and Read, 2007), and The mean size of reproductive female in the region, including a key nesting some continue to use the Mediterranean loggerheads in Brazil is 92.9 cm straight assemblage in Cuba. New genetic Sea (Casale et al., 2008a; Eckert et al., carapace length (SCL), which is markers have recently been developed, 2008). Adult populations are highly comparable to the size of nesting including primers that produce structured with no overlap in females in the Northwest Atlantic, but additional mtDNA sequence data distribution among adult loggerheads larger than nesting females in the (Abreu-Grobois et al., 2006; LeRoux et from the Northwest Atlantic, Northeast Northeast Atlantic and Mediterranean al., 2008), and an array of microsatellite Atlantic, South Atlantic, and

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12608 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

Mediterranean. Carapace epibionts the Boa Vista rookery is most closely among these four subpopulations suggest the adult females of different related to the rookeries of the Northwest (Carreras et al., 2006). In studies of the subpopulations use different foraging Atlantic. foraging grounds in the western and habitats (Caine, 1986). In the Northwest The distribution of juvenile central Mediterranean, seven of the 17 Atlantic, based on satellite telemetry loggerheads from the Northeast Atlantic distinct haplotypes detected had not yet studies and flipper tag returns, non- is largely unknown but they have been been described, indicating that nesting nesting adult females from the Northern found on the oceanic foraging grounds beach data to describe the natal origins Recovery Unit reside primarily off the of the North Atlantic (A. Bolten, of juveniles exploiting the western east coast of the United States; University of Florida, personal Mediterranean Sea are incomplete movement into the Bahamas or the Gulf communication, 2008, based on Bolten (Carreras et al., 2006; Casale et al., of Mexico is rare (Bell and Richardson, et al., 1998 and LaCasella et al., 2005; 2008a). Gene flow among the 1978; Williams and Frick, 2001; Monzon-Arguello et al., 2009; M. Mediterranean rookeries estimated from Mansfield, 2006; Turtle Expert Working Tiwari, NMFS, and A. Bolten, nuclear DNA was significantly higher Group, 2009). Adult females of the University of Florida, unpublished data) than that calculated from mtDNA, Peninsular Florida Recovery Unit are and in the western and central consistent with the scenario of female distributed throughout eastern Florida, Mediterranean (A. Bolten, University of philopatry maintaining isolation The Bahamas, Greater Antilles, the Florida, personal communication, 2008, between rookeries, offset by male- Yucatan Peninsula of Mexico, and the based on Carreras et al., 2006), along mediated gene flow. Nevertheless, the Gulf of Mexico, as well as along the with small juvenile loggerheads from nuclear data show there was a higher Atlantic seaboard of the United States the Northwest Atlantic. The size of degree of substructuring among (Meylan, 1982; Meylan et al., 1983; nesting females in the Northeast Mediterranean rookeries compared to Foley et al., 2008; Turtle Expert Atlantic is comparable to those in the those in the Northwest Atlantic (Bowen Working Group, 2009). Adult females Mediterranean (average 72–80 cm SCL; et al., 2005; Carreras et al., 2007). from the Northern Gulf of Mexico Margaritoulis et al., 2003) and smaller Small oceanic juveniles from the Recovery Unit remained in the Gulf of than those in the Northwest Atlantic or Mediterranean Sea use the eastern basin Mexico, including off the Yucatan the South Atlantic; 91 percent of the (defined as inclusive of the central Peninsula of Mexico, based on satellite nesting turtles are less than 86.5 cm Mediterranean, Ionian, Adriatic, and telemetry and flipper tag returns (Foley curved carapace length (CCL) (Hawkes Aegean Seas) and the western basin et al., 2008; Turtle Expert Working et al., 2006) and nesting females average (defined as inclusive of the Tyrrhenian Group, 2009; M. Lamont, Florida 77.1 cm SCL (Cejudo et al., 2000). Sea) along the European coast (Laurent Cooperative Fish and Wildlife Research Satellite-tagged, post-nesting females et al., 1998; Margaritoulis et al., 2003; Unit, personal communication, 2009; M. from Cape Verde foraged in coastal Carreras et al., 2006; Revelles et al., Nicholas, National Park Service, waters along northwest Africa or foraged 2007). Larger juveniles also use the personal communication, 2009). oceanically, mostly between Cape Verde eastern Atlantic and the eastern Nesting in the Northeast Atlantic is and the African shelf from Mauritania to Mediterranean, especially the Tunisia- concentrated in the Cape Verde Guinea Bissau (Hawkes et al., 2006). Libya shelf and the Adriatic Sea Archipelago, with some nesting In the Mediterranean, nesting occurs (Laurent et al., 1993; Margaritoulis et occurring on most of the islands, and throughout the central and eastern al., 2003; Monzo´n-Argu¨ llo et al., 2006; the highest concentration on the basins on the shores of Italy, Greece, Revelles et al., 2007). Adults appear to beaches of Boa Vista Island (Lopez- Cyprus, Turkey, Syria, Lebanon, Israel, forage closer to the nesting beaches in Jurado et al., 2000; Varo Cruz et al., the Sinai, Egypt, Libya, and Tunisia the eastern basin; most tag recoveries 2007; Loureiro, 2008). On mainland (Sternberg, 1981; Margaritoulis et al., from females nesting in Greece have Africa, there is minor nesting on the 2003; SWOT, 2007). Sporadic nesting occurred in the Adriatic Sea and off coasts of Mauritania to Senegal also has been reported in the western Tunisia (Margaritoulis et al., 2003; Lazar (Brongersma, 1982; Arvy et al., 2000; Mediterranean on Corsica (Delaugerre et al., 2004). Fretey, 2001). Earlier reports of and Cesarini, 2004), southwestern Italy Loggerheads nesting in the loggerhead nesting in Morocco (Pasteur (Bentivegna et al., 2005), and on the Mediterranean were significantly and Bons, 1960) have not been Spanish Mediterranean coast (Tomas et smaller than loggerheads nesting in the confirmed in recent years (Tiwari et al., al., 2003, 2008). Nesting in the Northwest Atlantic and the South 2001). Nesting has not been reported Mediterranean is concentrated between Atlantic. Within the Mediterranean, from Macaronesia (Azores, Madeira June and early August (Margaritoulis et straight carapace lengths ranged from 58 Archipelago, The Selvagens Islands, and al., 2003). to 95 cm SCL (Margaritoulis et al., the Canary Islands), other than in the Within the Mediterranean, a recent 2003). Greece’s loggerheads averaged Cape Verde Archipelago (Brongersma, study of mitochondrial and nuclear 77–80 cm SCL (Tiwari and Bjorndal, 1982). In Cape Verde, nesting begins in DNA in nesting assemblages from 2000; Margaritoulis et al., 2003), mid June and extends into October Greece to Israel indicated genetic whereas Turkey’s loggerheads averaged (Cejudo et al., 2000), which is somewhat structuring, philopatry by both females 72–73 cm SCL (Margaritoulis et al., later than when nesting occurs in the and males, and limited gene flow 2003). The Greece turtles also produced Northwest Atlantic. between assemblages (Carreras et al., larger clutches (relative to body size) Based on an analysis of mtDNA of 196 2007). Genetic differentiation based on than those produced by Florida or Brazil nesting females from Boa Vista Island, mtDNA indicated that there are at least nesters (Tiwari and Bjorndal, 2000). The the Cape Verde nesting assemblage is four independent nesting authors suggested that sea turtles in the genetically distinct from other studied subpopulations within the Mediterranean encounter environmental rookeries (C. Monzon-Arguello, Instituto Mediterranean and usually they are conditions significantly different from Canario de Ciencias Marinas—Spain, characterized by a single haplotype: (1) those experienced by populations personal communication, 2008; Mainland Greece and the adjoining elsewhere in the Atlantic Ocean basin. Monzon-Arguello et al., 2009). The Ionian Islands, (2) eastern Turkey, (3) Given the information presented results also indicate that despite the Israel, and (4) Cyprus. There is no above, the BRT concluded, and we close proximity of the Mediterranean, evidence of adult female exchange concur, that four discrete population

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12609

segments exist in the Atlantic Ocean/ lineages with the onset of glacial cycles, boundaries, respectively, of the North Mediterranean: (1) Northwest Atlantic the appearance of the Panama Isthmus Pacific Ocean population segment based Ocean, (2) Northeast Atlantic Ocean, (3) creating a land barrier between the on oceanographic features, loggerhead South Atlantic Ocean, and (4) Atlantic and eastern Pacific, and sightings, thermal tolerance, fishery Mediterranean Sea. These four upwelling of cold water off southern bycatch data, and information on population segments are markedly Africa creating an oceanographic barrier loggerhead distribution from satellite separated from each other and from between the Atlantic and Indian Oceans telemetry and flipper tagging studies. population segments within the Pacific (Bowen, 2003). The BRT determined that the North Ocean and Indian Ocean basins as a Significance Determination Pacific Ocean discrete population consequence of physical, ecological, segment is biologically and ecologically behavioral, and oceanographic factors. As stated in the preceding section, the significant because the loss of this Information supporting this conclusion BRT identified nine discrete population population segment would result in a includes genetic analysis, flipper tag segments. As described below by ocean significant gap in the range of the taxon, recoveries, and satellite telemetry. basin, the BRT found that each of the and the population segment differs nine discrete population segments is Genetic studies have shown that adult markedly from other population biologically and ecologically significant. populations are highly structured with segments of the species in its genetic They each represent a large portion of no overlap in distribution among adult characteristics. The North Pacific Ocean the species range, sometimes loggerheads in these four population population segment encompasses an encompassing an entire hemispheric segments (Bowen et al., 1994; Encalada entire hemispheric ocean basin and its ocean basin. The range of each discrete et al., 1998; Pearce, 2001; Carerras et al., loss would result in a significant gap in population segment represents a unique the range of the taxon. There is no 2007; C. Monzon-Arguello, Instituto ecosystem, influenced by local Canario de Ciencias Marinas-Spain, evidence or reason to believe that ecological and physical factors. The loss female loggerheads from South Pacific personal communication, 2008; of any individual discrete population Monzon-Arguello et al., 2009). Although nesting beaches would repopulate the segment would result in a significant North Pacific nesting beaches should loggerheads from the Northwest gap in the loggerhead’s range. Each Atlantic, Northeast Atlantic, and those nesting assemblages be lost discrete population segment is (Bowen et al., 1994; Bowen, 2003). Mediterranean Sea population segments genetically unique, often identified by may comingle on oceanic foraging Tagging studies show that the vast unique mtDNA haplotypes, and the BRT majority of nesting females return to the grounds as juveniles, adults are indicated that these unique haplotypes same nesting area. As summarized by apparently isolated from each other; could represent adaptive differences; Hatase et al. (2002a), of 2,219 tagged they also differ demographically. Data the loss of any one discrete population nesting females from Japan, only five from satellite telemetry studies and segment would represent a significant females relocated their nesting sites. In flipper tag returns have shown that loss of genetic diversity. Therefore, the addition, flipper tag and satellite nesting females from the Northwest BRT concluded, and we concur, that telemetry research, as described in Atlantic return to the same nesting these nine population segments are both detail in the Discreteness Determination areas; they reveal no evidence of discrete from other conspecific section above, has shown no evidence of movement of adults south of the equator population segments and significant to ° north-south movement of loggerheads or east of 40 W longitude. Similarly, the species to which they belong, across the equator. This discrete there is no evidence of movement of Caretta caretta. Northeast Atlantic adults south of the The geographic delineations given population segment is genetically equator, west of 40° W longitude, or east below for each discrete population unique (see Discreteness Determination of the Strait of Gibraltar, a narrow strait segment were determined primarily section above) and the BRT indicated that connects the Atlantic Ocean to the based on nesting beach locations, that these unique haplotypes could Mediterranean Sea. Also, there is no genetic evidence, oceanographic represent adaptive differences; thus, the evidence of movement of adult features, thermal tolerance, fishery loss of this discrete population segment Mediterranean Sea loggerheads west of bycatch data, and information on would represent a significant loss of the Strait of Gibraltar. With regard to loggerhead distribution and migrations genetic diversity. Based on this South Atlantic loggerheads, there have from satellite telemetry and flipper information, the BRT concluded, and been no observations of tagged tagging studies. With rare exception, we concur, that the North Pacific Ocean loggerheads moving across the equator adults from discrete population population segment is significant to the in the Atlantic, except a single case of segments remain within the delineated taxon to which it belongs, and, a captive-reared animal that was boundaries. In some cases, juvenile therefore, that it satisfies the released as a juvenile from Espı´rito turtles from two or more discrete significance element of the DPS policy. Santo and was recaptured 3 years later population segments may mix on The BRT considered the equator and in the Azores (Bolten et al., 1990). The foraging areas and therefore, their 60° S latitude as the north and south separation of the Atlantic Ocean/ distribution and migrations may extend boundaries, respectively, and 67° W Mediterranean Sea population segments beyond the geographic boundaries longitude and 139° E longitude as the from population segments within the delineated below for each discrete east and west boundaries, respectively, Indian Ocean and Pacific Ocean basins population segment (e.g., juvenile of the South Pacific Ocean population is believed to be the result of land turtles from the Northwest Atlantic segment based on oceanographic barriers and oceanographic barriers. Ocean, Northeast Atlantic Ocean, and features, loggerhead sightings, thermal Based on mtDNA analysis, Bowen et al. Mediterranean Sea discrete population tolerance, fishery bycatch data, and (1994) found a separation of loggerheads segments share foraging habitat in the information on loggerhead distribution in the Atlantic-Mediterranean basins western Mediterranean Sea). from satellite telemetry and flipper from those in the Indo-Pacific basins tagging studies. The BRT determined since the Pleistocene period. Geography Pacific Ocean that the South Pacific Ocean discrete and climate appear to have shaped the The BRT considered 60° N latitude population segment is biologically and evolution of these two matriarchal and the equator as the north and south ecologically significant because the loss

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00013 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12610 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

of this population segment would result is significant to the taxon to which it longitude as the east and west in a significant gap in the range of the belongs, and, therefore, that it satisfies boundaries, respectively, of the taxon, and the population segment the significance element of the DPS Southwest Indian Ocean population differs markedly from other population policy. segment based on oceanographic features, thermal tolerance, fishery segments of the species in its genetic Indian Ocean characteristics. The South Pacific Ocean bycatch data, and information on ° population segment encompasses an The BRT considered 30 N latitude loggerhead distribution from satellite entire hemispheric ocean basin, and its and the equator as the north and south telemetry and flipper tagging studies. loss would result in a significant gap in boundaries, respectively, of the North The BRT determined that the Southwest the range of the taxon. The South Pacific Indian Ocean population segment based Indian Ocean discrete population Ocean population is the only population on oceanographic features, loggerhead segment is biologically and ecologically of loggerheads found south of the sightings, thermal tolerance, fishery significant because the loss of this equator in the Pacific Ocean and there bycatch data, and information on population segment would result in a is no evidence or reason to believe that loggerhead distribution from satellite significant gap in the range of the taxon, telemetry and flipper tagging studies. female loggerheads from North Pacific and the population segment differs The BRT determined that the North nesting beaches would repopulate the markedly from other population Indian Ocean discrete population South Pacific nesting beaches should segments of the species in its genetic segment is biologically and ecologically those nesting assemblages be lost characteristics. The Southwest Indian significant because the loss of this (Bowen et al., 1994; Bowen, 2003). In Ocean population segment encompasses population segment would result in a addition, flipper tag and satellite half of an hemispheric ocean basin, and significant gap in the range of the taxon, its loss would result in a significant gap telemetry research, as described in and the population segment differs detail in the Discreteness Determination in the range of the taxon. Genetic markedly from other population information currently available for section above, has shown no evidence of segments of the species in its genetic north-south movement of loggerheads Indian Ocean populations indicates that characteristics. The North Indian Ocean the Oman rookery in the North Indian across the equator. The BRT also stated population segment encompasses an that it does not expect that Ocean and the South African rookery in entire hemispheric ocean basin, and its the Southwest Indian Ocean are recolonization from Indian Ocean loss would result in a significant gap in loggerheads would occur in eastern genetically distinct, and once the range of the taxon. Genetic sequencing studies are completed for Australia within ecological time frames. information currently available for these rookeries, it is likely that they will Despite evidence of foraging in the Gulf Indian Ocean populations indicates that also be determined to be genetically of Carpentaria by adult loggerheads the Oman rookery in the North Indian distinct from the western Australia from the nesting populations in eastern Ocean and the South African rookery in rookeries in the Southeast Indo-Pacific Australia (South Pacific Ocean the Southwest Indian Ocean are Ocean (Bowen et al., 1994). In addition, population segment) and western genetically distinct, and once vicariant barriers (i.e., oceanographic Australia (Southeast Indo-Pacific Ocean sequencing studies are completed for phenomena associated with Indian population segment), the nesting these rookeries, it is likely that they will Ocean equatorial waters, and the large females from these two regions are also be determined to be genetically expanse between continents in the considered to be genetically distinct distinct from the western Australia from one another (Limpus, 2009). In rookeries in the Southeast Indo-Pacific South Indian Ocean without suitable addition to a substantial disparity in Ocean (Bowen et al., 1994). In addition, benthic foraging habitat) likely exist mtDNA haplotype frequencies between oceanographic phenomena associated between the three Indian Ocean these two populations, FitzSimmons with Indian Ocean equatorial waters populations that would prevent (University of Canberra, unpublished exist between the North Indian Ocean migration of individuals between data) found significant differences in population segment and the two populations on a time scale relative to nuclear DNA microsatellite loci between population segments in the South management and conservation efforts females nesting in these two regions, Indian Ocean, which likely prevent (Conant et al., 2009). Therefore, there is indicating separation between the South migration of individuals across the no evidence or reason to believe that Pacific Ocean and the Southeast Indo- equator on a time scale relative to female loggerheads from the North Pacific Ocean population segments. management and conservation efforts Indian Ocean or Southeast Indo-Pacific Long-term studies show a high degree of (Conant et al., 2009). Therefore, there is Ocean would repopulate the Southwest site fidelity by adult females in the no evidence or reason to believe that Indian Ocean nesting beaches should South Pacific, with most females female loggerheads from the Southwest those populations be lost (Bowen et al., returning to the same beach within a Indian Ocean or Southeast Indo-Pacific 1994; Bowen, 2003). There is also no nesting season and in successive nesting Ocean would repopulate the North evidence of movement of adult seasons (Limpus, 1985, 2009; Limpus et Indian Ocean nesting beaches should Southwest Indian Ocean loggerheads ° al., 1994). This has been documented as those populations be lost (Bowen et al., west of 20 E longitude at Cape Agulhas, characteristic of loggerheads from 1994; Bowen, 2003). Based on this the southernmost point on the African ° various rookeries throughout the world information, the BRT concluded, and continent, or east of 80 E longitude (Schroeder et al., 2003). This discrete we concur, that the North Indian Ocean within the Indian Ocean. Based on this population segment is genetically population segment is significant to the information, the BRT concluded, and unique and the BRT indicated that these taxon to which it belongs, and, we concur, that the Southwest Indian unique haplotypes could represent therefore, that it satisfies the Ocean population segment is significant adaptive differences. Thus, the loss of significance element of the DPS policy. to the taxon to which it belongs, and, this discrete population segment would The BRT considered the equator and therefore, that it satisfies the represent a significant loss of genetic 60° S latitude as the north and south significance element of the DPS policy. diversity. Based on this information, the boundaries, respectively, and 20° E The BRT considered the equator and BRT concluded, and we concur, that the longitude at Cape Agulhas on the 60° S latitude as the north and south South Pacific Ocean population segment southern tip of Africa and 80° E boundaries, respectively, and 139° E

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12611

longitude and 80° E longitude as the addition to a substantial disparity in Northwest Atlantic return to the same east and west boundaries, respectively, mtDNA haplotype frequencies between nesting area; they reveal no evidence of of the Southeast Indo-Pacific Ocean these two regions, FitzSimmons movement of adults south of the equator population segment based on (University of Canberra, unpublished or east of 40° W longitude. This discrete oceanographic features, thermal data) found significant differences in population segment is genetically tolerance, fishery bycatch data, and nuclear DNA microsatellite loci from unique (see Discreteness Determination information on loggerhead distribution females nesting in these two regions, section above) and the BRT indicated from satellite telemetry and flipper indicating separation between the South that these unique haplotypes could tagging studies. The BRT determined Pacific Ocean population segment and represent adaptive differences; thus, the that the Southeast Indo-Pacific Ocean the Southeast Indo-Pacific Ocean loss of this discrete population segment discrete population segment is population segment. Based on this would represent a significant loss of biologically and ecologically significant information, the BRT concluded, and genetic diversity. Based on this because the loss of this population we concur, that the Southeast Indo- information, the BRT concluded, and segment would result in a significant Pacific Ocean population segment is we concur, that the Northwest Atlantic gap in the range of the taxon, and the significant to the taxon to which it Ocean population segment is significant population segment differs markedly belongs, and, therefore, that it satisfies to the taxon to which it belongs, and, from other population segments of the the significance element of the DPS therefore, that it satisfies the species in its genetic characteristics. policy. significance element of the DPS policy. The Southeast Indo-Pacific Ocean Atlantic Ocean and Mediterranean Sea The BRT considered 60° N latitude population segment encompasses half of ° and the equator as the north and south The BRT considered 60 N latitude ° an hemispheric ocean basin, and its loss and the equator as the north and south boundaries, respectively, and 40 W would result in a significant gap in the boundaries, respectively, and 40° W longitude as the west boundary of the range of the taxon. Genetic information longitude as the east boundary of the Northeast Atlantic Ocean population currently available for Indian Ocean Northwest Atlantic Ocean population segment. The BRT considered the populations indicates that the Oman segment based on oceanographic boundary between the Northeast rookery in the North Indian Ocean and Atlantic Ocean and Mediterranean Sea features, loggerhead sightings, thermal ° ′ the South African rookery in the tolerance, fishery bycatch data, and population segments as 5 36 W Southwest Indian Ocean are genetically information on loggerhead distribution longitude (Strait of Gibraltar). These distinct, and once sequencing studies from satellite telemetry and flipper boundaries are based on oceanographic are completed for these rookeries, it is tagging studies. The BRT determined features, loggerhead sightings, thermal likely that they will also be determined that the Northwest Atlantic Ocean tolerance, fishery bycatch data, and to be genetically distinct from the discrete population segment is information on loggerhead distribution western Australia rookeries in the biologically and ecologically significant from satellite telemetry and flipper Southeast Indo-Pacific Ocean (Bowen et because the loss of this population tagging studies. The BRT determined al., 1994). In addition, vicariant barriers segment would result in a significant that the Northeast Atlantic Ocean (i.e., oceanographic phenomena gap in the range of the taxon, and the discrete population segment is associated with Indian Ocean equatorial population segment differs markedly biologically and ecologically significant waters, and the large expanse between from other population segments of the because the loss of this population continents in the South Indian Ocean species in its genetic characteristics. segment would result in a significant without suitable benthic foraging The Northwest Atlantic Ocean gap in the range of the taxon, and the habitat) likely exist between the three population segment encompasses half of population segment differs markedly Indian Ocean populations that would an hemispheric ocean basin, and its loss from other population segments of the prevent migration of individuals would result in a significant gap in the species in its genetic characteristics. between populations on a time scale range of the taxon. Genetic studies have The Northeast Atlantic Ocean relative to management and shown that adult populations are highly population segment encompasses half of conservation efforts (Conant et al., structured with no overlap in an hemispheric ocean basin, and its loss 2009). Therefore, there is no evidence or distribution among adult loggerheads would result in a significant gap in the reason to believe that female from the Northwest Atlantic, Northeast range of the taxon. Genetic studies have loggerheads from the North Indian Atlantic, South Atlantic, and shown that adult populations are highly Ocean or Southwest Indian Ocean Mediterranean Sea (Bowen et al., 1994; structured with no overlap in would repopulate the Southeast Indo- Encalada et al., 1998; Pearce, 2001; distribution among adult loggerheads Pacific Ocean nesting beaches should Carerras et al., 2007; C. Monzon- from the Northwest Atlantic, Northeast those populations be lost (Bowen et al., Arguello, Instituto Canario de Ciencias Atlantic, South Atlantic, and 1994; Bowen, 2003). There is also no Marinas—Spain, personal Mediterranean Sea (Bowen et al., 1994; evidence of movement of adult communication, 2008; Monzon-Arguello Encalada et al., 1998; Pearce, 2001; Southeast Indo-Pacific Ocean et al., 2009). There is no evidence or Carerras et al., 2007; C. Monzon- loggerheads west of 80° E longitude reason to believe that female Arguello, Instituto Canario de Ciencias within the Indian Ocean. Despite loggerheads from the Northeast Atlantic, Marinas—Spain, personal evidence of foraging in the Gulf of Mediterranean Sea, or South Atlantic communication, 2008; Monzon-Arguello Carpentaria by adult loggerheads from nesting beaches would repopulate the et al., 2009). There is no evidence or the nesting populations in eastern Northwest Atlantic nesting beaches reason to believe that female Australia (South Pacific Ocean should these populations be lost (Bowen loggerheads from the Northwest population segment) and western et al., 1994; Bowen, 2003). Data from Atlantic, Mediterranean Sea, or South Australia (Southeast Indo-Pacific Ocean satellite telemetry studies and flipper Atlantic nesting beaches would population segment), the nesting tag returns, as described in detail in the repopulate the Northeast Atlantic females from these two regions are Discreteness Determination section nesting beaches should these considered to be genetically distinct above, have shown that the vast populations be lost (Bowen et al., 1994; from one another (Limpus, 2009). In majority of nesting females from the Bowen, 2003). There is also no evidence

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12612 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

of movement of Northeast Atlantic Sea and off Tunisia (Margaritoulis et al., Discreteness Determination section adults west of 40° W longitude or east 2003; Lazar et al., 2004). There is no above) and the BRT indicated that these of the Strait of Gibraltar (5°36′ W evidence of movement of adult unique haplotypes could represent longitude). This discrete population Mediterranean Sea loggerheads west of adaptive differences; thus, the loss of segment is genetically unique (see the Strait of Gibraltar (5°36’ W this discrete population segment would Discreteness Determination section longitude). This discrete population represent a significant loss of genetic above) and the BRT indicated that these segment is genetically unique (see diversity. Based on this information, the unique haplotypes could represent Discreteness Determination section BRT concluded, and we concur, that the adaptive differences; thus, the loss of above) and the BRT indicated that these South Atlantic Ocean population this discrete population segment would unique haplotypes could represent segment is significant to the taxon to represent a significant loss of genetic adaptive differences; thus, the loss of which it belongs, and, therefore, that it diversity. Based on this information, the this discrete population segment would satisfies the significance element of the BRT concluded, and we concur, that the represent a significant loss of genetic DPS policy. Northeast Atlantic Ocean population diversity. Based on this information, the In summary, based on the information segment is significant to the taxon to BRT concluded, and we concur, that the provided in the Discreteness which it belongs, and, therefore, that it Mediterranean Sea population segment Determination and Significance satisfies the significance element of the is significant to the taxon to which it Determination sections above, the BRT DPS policy. belongs, and, therefore, that it satisfies identified nine loggerhead DPSs distributed globally: (1) North Pacific The BRT considered the the significance element of the DPS Ocean DPS, (2) South Pacific Ocean Mediterranean Sea west to 5°36′ W policy. DPS, (3) North Indian Ocean DPS, (4) longitude (Strait of Gibraltar) as the The BRT considered the equator and Southeast Indo-Pacific Ocean DPS, (5) boundary of the Mediterranean Sea 60° S latitude as the north and south Southwest Indian Ocean DPS, (6) population segment based on boundaries, respectively, and 20° E Northwest Atlantic Ocean DPS, (7) oceanographic features, loggerhead longitude at Cape Agulhas on the Northeast Atlantic Ocean DPS, (8) sightings, thermal tolerance, fishery southern tip of Africa and 67° W Mediterranean Sea DPS, and (9) South bycatch data, and information on longitude as the east and west Atlantic Ocean DPS. We concur with loggerhead distribution from satellite boundaries, respectively, of the South the findings and application of the DPS telemetry and flipper tagging studies. Atlantic Ocean population segment policy described by the BRT and The BRT determined that the based on oceanographic features, conclude that the nine DPSs identified Mediterranean Sea discrete population loggerhead sightings, thermal tolerance, by the BRT warrant delineation as DPSs segment is biologically and ecologically fishery bycatch data, and information on (i.e., they are discrete and significant). significant because the loss of this loggerhead distribution from satellite population segment would result in a telemetry and flipper tagging studies. Significant Portion of the Range significant gap in the range of the taxon, The BRT determined that the South We have determined that the range of and the population segment differs Atlantic Ocean discrete population each DPS contributes meaningfully to markedly from other population segment is biologically and ecologically the conservation of the DPS and that segments of the species in its genetic significant because the loss of this populations that may contribute more or characteristics. The Mediterranean Sea population segment would result in a less to the conservation of each DPS population segment encompasses the significant gap in the range of the taxon, throughout a portion of its range cannot entire Mediterranean Sea basin, and its and the population segment differs be identified due to the highly migratory loss would result in a significant gap in markedly from other population nature of the listed entity. the range of the taxon. Genetic studies segments of the species in its genetic The loggerhead sea turtle is highly have shown that adult populations are characteristics. The South Atlantic migratory and crosses multiple domestic highly structured with no overlap in Ocean population segment encompasses and international geopolitical distribution among adult loggerheads an entire hemispheric ocean basin, and boundaries. Depending on the life stage, from the Northwest Atlantic, Northeast its loss would result in a significant gap they may occur in oceanic waters or Atlantic, South Atlantic, and in the range of the taxon. Genetic along the continental shelf of Mediterranean Sea (Bowen et al., 1994; studies have shown that adult landmasses, or transit back and forth Encalada et al., 1998; Pearce, 2001; populations are highly structured with between oceanic and neritic habitats. Carerras et al., 2007; C. Monzon- no overlap in distribution among adult Protection and management of both the Arguello, Instituto Canario de Ciencias loggerheads from the Northwest terrestrial and marine environments is Marinas—Spain, personal Atlantic, Northeast Atlantic, South essential to recovering the listed entity. communication, 2008; Monzon-Arguello Atlantic, and Mediterranean Sea (Bowen Management measures implemented by et al., 2009). There is no evidence or et al., 1994; Encalada et al., 1998; any State, foreign nation, or political reason to believe that female Pearce, 2001; Carerras et al., 2007; C. subdivision likely would only affect loggerheads from the Northwest Monzon-Arguello, Instituto Canario de individual sea turtles during certain Atlantic, Northeast Atlantic, or South Ciencias Marinas-Spain, personal stages and seasons of the life cycle. Atlantic nesting beaches would communication, 2008; Monzon-Arguello Management measures implemented by repopulate the Mediterranean Sea et al., 2009). There is no evidence or any State, foreign nation, or political nesting beaches should these reason to believe that female subdivision may also affect individuals populations be lost (Bowen et al., 1994; loggerheads from the Northwest from multiple DPSs because juvenile Bowen, 2003). As previously described, Atlantic, Northeast Atlantic, or turtles from disparate DPSs can overlap adults from the Mediterranean Sea Mediterranean Sea nesting beaches on foraging grounds or migratory population segment appear to forage would repopulate the South Atlantic corridors (e.g., Northwest Atlantic, closer to the nesting beaches in the nesting beaches should these Northeast Atlantic, and Mediterranean eastern basin, and most flipper tag populations be lost (Bowen et al., 1994; Sea DPSs). The ‘‘significant’’ term in recoveries from females nesting in Bowen, 2003). This discrete population ‘‘significant portion of the range’’ refers Greece have occurred in the Adriatic segment is genetically unique (see to the contribution of the population(s)

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00016 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12613

in a portion of the range to the low of 2,064 nests in 1997. During the anthropogenic impacts and constant conservation of the listable entity being past decade, nesting increased gradually high annual survivorship measured at considered. The BRT was unable to to 5,167 nests in 2005, declined and this foraging habitat (Chaloupka and identify any particular portion of the then rose again to a high of just under Limpus, 2001). Concurrently, a decline range of any of the DPSs that was more 11,000 nests in 2008. Estimated nest in new recruits was measured in these significant to the DPS than another numbers for 2009 are on the order of foraging areas (Limpus and Limpus, portion of the same range because of the 7,000–8,000 nests. While nesting 2003). migratory nature of the loggerhead turtle numbers have gradually increased in North Indian Ocean DPS and the fact that different life stages recent years and the number for 2009 is undergo threats and benefit from similar to the start of the time series in The North Indian Ocean hosts the conservation efforts throughout the 1990, historical evidence indicates that largest nesting assemblage of geographic range of each DPS. The next there has been a substantial decline over loggerheads in the eastern hemisphere; section describes our evaluation of the the last half of the 20th century. the vast majority of these loggerheads status of each DPS throughout its range. nest in Oman (Baldwin et al., 2003). South Pacific Ocean DPS Nesting occurs in greatest density on Status of the Nine Loggerhead DPSs In the South Pacific, loggerhead Masirah Island; the number of Abundance estimates across all life nesting is almost entirely restricted to emergences ranges from 27–102 per km stages do not exist for the nine DPSs. eastern Australia (primarily nightly (Ross, 1998). Nesting densities Within the global range of the species, Queensland) and New Caledonia, with have complicated the implementation of and within each DPS, the primary data the majority of nesting occurring in standardized nesting beach surveys, and available are collected on nesting eastern Australia, a population that has more precise nesting data have only beaches, either as counts of nests or been well studied. The size of the been collected since 2008. counts of nesting females, or a annual breeding population (females Extrapolations resulting from partial combination of both (either direct or only) has been monitored at numerous surveys and tagging in 1977–1978 extrapolated). Information on rookeries in Australia since 1968 provided broad estimates of 19,000– abundance and trends away from the (Limpus and Limpus, 2003), and these 60,000 females nesting annually at nesting beaches is limited or non- data constitute the primary measure of Masirah Island, while a more recent existent, primarily because these data the current status of the DPS. The total partial survey in 1991 provides an are, relative to nesting beach studies, nesting population for Queensland was estimate of 23,000 nesting females at logistically difficult and expensive to approximately 3,500 females in the Masirah Island (Baldwin, 1992; Ross, obtain. Therefore, the primary 1976–1977 nesting season (Limpus, 1979, 1998; Ross and Barwani 1982). A information source for directly 1985; Limpus and Reimer, 1994). Little reinterpretation of these estimates, evaluating status and trends of the nine more than two decades later, Limpus assuming 50 percent nesting success (as DPSs is nesting beach data. and Limpus (2003) estimated this compared to 100 percent in the original nesting population at less than 500 estimates), resulted in an estimate of North Pacific Ocean DPS females in the 1999–2000 nesting 20,000 to 40,000 females nesting In the North Pacific, loggerhead season. There has been a marked annually (Baldwin et al., 2003). Reliable nesting is essentially restricted to Japan decline in the number of females trends in nesting cannot be determined where monitoring of loggerhead nesting breeding annually since the mid-1970s, due to the lack of standardized surveys began in the 1950s on some beaches, with an estimated 50 to 80 percent at Masirah Island prior to 2008. In 2008, and expanded to include most known decline in the number of breeding about 50,000 nests were estimated based nesting beaches since approximately females at various Australian rookeries on daily surveys of the highest density 1990. Kamezaki et al. (2003) reviewed up to 1990 (Limpus and Reimer, 1994) nesting beaches and weekly surveys on census data collected from most of the and a decline of approximately 86 all remaining island nesting beaches. Japanese nesting beaches. Although percent by 1999 (Limpus and Limpus, Even using the low end of the 1977– most surveys were initiated in the 1980s 2003). Comparable nesting surveys have 1978 estimates of 20,000 nesting females and 1990s, some data collection efforts not been conducted in New Caledonia at Masirah, this suggests a significant were initiated in the 1950s. Along the however. Information from pilot surveys decline in the size of the nesting Japanese coast, nine major nesting conducted in 2005, combined with oral population and is consistent with beaches (greater than 100 nests per history information collected, suggest observations by local rangers that the season) and six ‘‘submajor’’ beaches (10– that there has been a decline in population has declined dramatically in 100 nests per season) were identified. loggerhead nesting (Limpus et al., 2006). the last three decades (E. Possardt, FWS, Census data from 12 of these 15 beaches Based on data from the pilot study, only personal communication, 2008). If the provide composite information on 60 to 70 loggerheads nested on the four higher estimates are accurate then the longer-term trends in the Japanese surveyed New Caledonia beaches during decline would be greater than 70 nesting assemblage. Using information the 2004–2005 nesting season (Limpus percent. collected on these beaches, Kamezaki et et al., 2006). In addition to the nesting beaches on al. (2003) concluded a substantial Studies of eastern Australia Masirah Island, over 3,000 nests per decline (50–90 percent) in the size of loggerheads at their foraging areas year have been recorded in Oman on the the annual loggerhead nesting provide some information on the status Al-Halaniyat Islands and, along the population in Japan in recent decades. of non-breeding loggerheads of the Oman mainland of the Arabian Sea, Snover (2008) combined nesting data South Pacific Ocean DPS. Chaloupka approximately 2,000 nests are deposited from the Sea Turtle Association of Japan and Limpus (2001) determined that the annually (Salm, 1991; Salm et al., 1993). and data from Kamezaki et al. (2002) to resident loggerhead population on coral In Yemen, on Socotra Island, 50–100 provide a recent 18-year time series of reefs of the southern Great Barrier Reef loggerheads were estimated to have nesting data from 1990–2007. Nesting declined at 3 percent per year from 1985 nested in 1999 (Pilcher and Saad, 2000). declined from an initial peak of to the late 1990s. The observed decline A time series of nesting data based on approximately 6,638 nests in 1990– was hypothesized as a result of standardized surveys is not available to 1991, followed by a steep decline to a recruitment failure, given few determine trends for these nesting sites.

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00017 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12614 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

Loggerhead nesting is rare elsewhere available. The total number of females nesting decline (B. Witherington, FWC, in the northern Indian Ocean and in nesting annually in South Africa is personal communication, 2010). The some cases is complicated by inaccurate estimated between 500–2,000 (Baldwin Peninsular Florida Recovery Unit species identification (Shanker, 2004; et al., 2003). In Mozambique, surveys represents approximately 87 percent of Tripathy, 2005). A small number of have been instituted much more all nesting effort in the Northwest nesting females use the beaches of Sri recently; likely less than 100 females Atlantic Ocean DPS (Ehrhart et al., Lanka every year; however, there are no nest annually and no trend data are 2003). The Northern U.S. Recovery Unit records that Sri Lanka has ever been a available (Baldwin et al., 2003). is the second largest recovery unit major nesting area for loggerheads Similarly, in Madagascar, loggerheads within the DPS and is declining (Kapurusinghe, 2006). Loggerheads have have been documented nesting in low significantly at 1.3 percent annually been reported nesting in low numbers in numbers, but no trend data are available since 1983 (NMFS and FWS, 2008). The Myanmar; however, these data may not (Rakotonirina, 2001). Greater Caribbean Recovery Unit is the be reliable because of misidentification Northwest Atlantic Ocean DPS third largest recovery unit within the of species (Thorbjarnarson et al., 2000). Nesting occurs within the Northwest Northwest Atlantic Ocean DPS, with the Southeast-Indo Pacific Ocean DPS Atlantic along the coasts of North majority of nesting at Quintana Roo, In the eastern Indian Ocean, America, Central America, northern Mexico. TEWG (2009) reported a greater loggerhead nesting is restricted to South America, the Antilles, and The than 5 percent annual decline in western Australia (Dodd, 1988), and this Bahamas, but is concentrated in the loggerhead nesting from 1995–2006 at nesting population is the largest in southeastern U.S. and on the Yucatan Quintana Roo. Australia (Wirsing et al., unpublished Peninsula in Mexico (Sternberg, 1981; In an effort to evaluate loggerhead data, cited in Natural Heritage Trust, Ehrhart, 1989; Ehrhart et al., 2003; population status and trends beyond the 2005). Dirk Hartog Island hosts about NMFS and FWS, 2008). Collectively, the nesting beach, NMFS and FWS (2008) 70–75 percent of nesting individuals in Northwest Atlantic Ocean hosts the and TEWG (2009) reviewed data from the eastern Indian Ocean (Baldwin et most significant nesting assemblage of in-water studies within the range of the al., 2003). Surveys have been conducted loggerheads in the western hemisphere Northwest Atlantic Ocean DPS. NMFS on the island for the duration of six and is one of the two largest loggerhead and FWS (2008), in the Recovery Plan nesting seasons between 1993/1994 and nesting assemblages in the world. NMFS for the Northwest Atlantic Population of 1999/2000 (Baldwin et al., 2003). An and FWS (2008), Witherington et al. the Loggerhead Sea Turtle, summarized estimated 800–1,500 loggerheads nest (2009), and TEWG (2009) provide population trend data reported from annually on Dirk Hartog Island beaches comprehensive analyses of the status of nine in-water study sites, located (Baldwin et al., 2003). the nesting assemblages within the between Long Island Sound, New York, Fewer loggerheads (approximately Northwest Atlantic Ocean DPS using and Florida Bay, Florida, where 150–350 per season) are reported standardized data collected over survey loggerheads were regularly captured and nesting on the Muiron Islands; however, periods ranging from 10 to 23 years. The where efforts were made to provide more nesting loggerheads are reported results of these analyses, using different local indices of abundance. The study here than on North West Cape analytical approaches, were consistent periods for these nine sites varied. The (approximately 50–150 per season) in their findings—there has been a earliest began in 1987, and the most (Baldwin et al., 2003). Although data are significant, overall nesting decline recent were initiated in 2000. None insufficient to determine trends, within this DPS. included annual sampling. Results evidence suggests the nesting NMFS and FWS (2008) identified five reported from four of the studies population in the Muiron Islands and recovery units (nesting subpopulations) indicated no discernible trend, two North West Cape region was depleted in the Northwest Atlantic Ocean: the studies reported declining trends, and before recent beach monitoring Northern U.S. (Florida/Georgia border to programs began (Nishemura and southern Virginia); Peninsular Florida two studies reported increasing trends. Nakahigashi, 1990; Poiner et al., 1990; (Florida/Georgia border south through Trends at one study site, Mosquito Poiner and Harris, 1996). Pinellas County, excluding the islands Lagoon, Florida, indicated either no west of Key West, Florida); Dry Tortugas trend (all data) or a declining trend Southwest Indian Ocean DPS (islands west of Key West, Florida); (more recent data), depending on In the Southwest Indian Ocean, the Northern Gulf of Mexico (Franklin whether all sample years were used or highest concentration of nesting occurs County, Florida, west through Texas); only the more recent, and likely more on the coast of Tongaland, South Africa, and Greater Caribbean (Mexico through comparable sample years, were used. where surveys and management French Guiana, The Bahamas, Lesser TEWG (2009) used raw data from six of practices were instituted in 1963 and Greater Antilles). Declining trends the aforementioned nine in-water study (Baldwin et al., 2003). A trend analysis in the annual number of nests were sites to conduct trend analyses. Results of index nesting beach data from this documented for all recovery units for from three of the four sites located in region from 1965 to 2008 indicates an which there were adequate data. The the southeast U.S. showed an increasing increasing nesting population between most significant declining trend has trend in the abundance of loggerheads, the first decade of surveys, which been documented for the Peninsular one showed no discernible trend, and documented 500–800 nests annually, Florida Recovery Unit, where nesting the two sites located in the northeast and the last 8 years, which documented declined 26 percent over the 20-year U.S. showed a decreasing trend in 1,100–1,500 nests annually (Nel, 2008). period from 1989–2008, and declined 41 abundance of loggerheads. Both NMFS These data represent approximately 50 percent over the period 1998–2008 and FWS (2008) and TEWG (2009) stress percent of all nesting within South (NMFS and FWS, 2008; Witherington et that population trend results currently Africa and are believed to be al., 2009). The most standardized nest available from in-water studies must be representative of trends in the region. count from this recovery unit in 2009 viewed with caution given the limited Loggerhead nesting occurs elsewhere in recorded the fourth lowest loggerhead number of sampling sites, size of South Africa, but sampling is not nesting in the 21-year monitoring sampling areas, biases in sampling, and consistent and no trend data are period, reinforcing the assessment of caveats associated with the analyses.

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12615

Northeast Atlantic Ocean DPS the western Mediterranean, but the vast the inadequacy of existing regulatory In the northeastern Atlantic, the Cape majority of nesting (greater than 80 mechanisms; or (E) other natural or Verde Islands support the only large percent) occurs in Greece and Turkey manmade factors affecting its continued nesting population of loggerheads in the (Margaritoulis et al., 2003). The existence. We have described the effects of region (Fretey, 2001). Nesting occurs at documented annual nesting of various factors leading to the decline of some level on most of the islands in the loggerheads in the Mediterranean the loggerhead sea turtle in the original archipelago with the largest nesting averages about 5,000 nests listing determination (43 FR 32800; July numbers reported from the island of Boa (Margaritoulis et al., 2003). There is no 28, 1978) and other documents (NMFS Vista where studies have been ongoing discernible trend in nesting at the two and USFWS, 1998, 2007, 2008). In since 1998 (Lazar and Holcer, 1998; longest monitoring projects in Greece, Laganas Bay (Margaritoulis, 2005) and making this finding, information Lopez-Jurado et al., 2000; Fretey, 2001; southern Kyparissia Bay (Margaritoulis regarding the status of each of the nine Varo Cruz et al., 2007; Loureiro, 2008; and Rees, 2001). However, the nesting loggerhead DPSs is considered in M. Tiwari, NMFS, personal trend at Rethymno Beach, which hosts relation to the five factors provided in communication, 2008). On Boa Vista approximately 7 percent of all section 4(a)(1) of the ESA. The reader is Island, 833 and 1,917 nests were documented loggerhead nesting in the directed to section 5 of the Status reported in 2001 and 2002 respectively Mediterranean, shows a highly Review for a more detailed discussion of from 3.1 km of beach (Varo Cruz et al., significant declining trend (1990–2004) the factors affecting the nine identified 2007) and between 1998 and 2002 the (Margaritoulis et al., 2009). In Turkey, loggerhead DPSs. In section 5.1., a local project had tagged 2,856 females intermittent nesting surveys have been general description of the threats that (Varo Cruz et al., 2007). More recently, conducted since the 1970s with more occur for all DPSs is presented under in 2005, 5,396 nests and 3,121 females consistent surveys conducted on some the relevant section 4(a)(1) factor. In were reported from 9 km of beach on beaches only since the 1990s, making it section 5.2, threats that are specific to a Boa Vista Island (Lopez-Jurado et al., difficult to assess trends in nesting. Ilgaz particular DPS are presented by DPS 2007). From Santiago Island, 66 nests et al. (2007) reported a declining trend under each section 4(a)(1) factor. That were reported from four beaches in 2007 at Fethiye Beach from 1993–2004, this information is incorporated here by and 53 nests from five beaches in 2008 beach represents approximately 10 reference; the following is a summary of (http:// percent of loggerhead nesting in Turkey that information by DPS. tartarugascaboverde.wordpress.com/ (Margaritoulis et al., 2003). santiago). Due to limited data available, North Pacific Ocean DPS a population trend cannot currently be South Atlantic Ocean DPS A. The Present or Threatened determined for the Cape Verde In the South Atlantic nesting occurs Destruction, Modification, or population; however, available primarily along the mainland coast of Curtailment of its Habitat or Range information on the directed killing of Brazil from Sergipe south to Rio de Terrestrial Zone nesting females suggests that this Janeiro, with peak concentrations in nesting population is under severe northern Bahia, Espı´rito Santo, and Destruction and modification of pressure and likely significantly northern Rio de Janeiro with peak loggerhead nesting habitat in the North reduced from historic levels. Loureiro nesting along the coast of Bahia Pacific result from coastal development (2008) reported a reduction in nesting (Marcovaldi and Chaloupka, 2007). and construction, placement of erosion from historic levels at Santiago Island, Prior to 1980, loggerhead nesting control structures and other barriers to based on interviews with elders. populations in Brazil were considered nesting, beachfront lighting, vehicular Elsewhere in the northeastern Atlantic, severely depleted. Recently, Marcovaldi and pedestrian traffic, sand extraction, loggerhead nesting is non-existent or and Chaloupka (2007) reported a long- beach erosion, beach sand placement, occurs at very low levels. In Morocco, term, sustained increasing trend in beach pollution, removal of native anecdotal reports indicated high nesting abundance over a 16-year period vegetation, and planting of non-native numbers of nesting turtles in southern from 1988 through 2003 on 22 surveyed vegetation (NMFS and USFWS, 1998). Morocco (Pasteur and Bons, 1960), but beaches containing more than 75 Beaches in Japan where loggerheads a few recent surveys of the Atlantic percent of all loggerhead nesting in nest are extensively eroded due to coastline have suggested a dramatic Brazil. A total of 4,837 nests were dredging and dams constructed decline (Tiwari et al., 2001, 2006). A reported from these survey beaches for upstream, and are obstructed by few nests have been reported from the 2003–2004 nesting season seawalls as well. Unfortunately, no Mauritania (Arvy et al., 2000) and Sierra (Marcovaldi and Chaloupka, 2007). quantitative studies have been Leone (E. Aruna, Conservation Society conducted to determine the impact to Summary of Factors Affecting the Nine of Sierra Leone, personal the loggerhead nesting populations Loggerhead DPSs communication, 2008). Some (Kamezaki et al., 2003). However, it is loggerhead nesting in Senegal and Section 4 of the ESA (16 U.S.C. 1533) clear that loggerhead nesting habitat has elsewhere along the coast of West Africa and implementing regulations at 50 CFR been impacted by erosion and extensive has been reported; however, a more part 424 set forth procedures for adding beach use by tourists, both of which recent and reliable confirmation is species to the Federal List of have contributed to unusually high needed (Fretey, 2001). Endangered and Threatened Species. mortality of eggs and pre-emergent Under section 4(a) of the Act, we must hatchlings at many Japanese rookeries Mediterranean Sea DPS determine if a species is threatened or (Matsuzawa, 2006). Nesting occurs throughout the central endangered because of any of the Maehama Beach and Inakahama and eastern Mediterranean in Italy, following five factors: (A) The present or Beach on Yakushima in Kagoshima Greece, Cyprus, Turkey, Syria, Lebanon, threatened destruction, modification, or Prefecture account for approximately 30 Israel, the Sinai, Egypt, Libya, and curtailment of its habitat or range; (B) percent of loggerhead nesting in Japan Tunisia (Sternberg, 1981; Margaritoulis overutilization for commercial, (Kamezaki et al., 2003), making et al., 2003; SWOT, 2007). In addition, recreational, scientific, or educational Yakushima an important area for sporadic nesting has been reported from purposes; (C) disease or predation; (D) nesting beach protection. However, the

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12616 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

beaches suffer from beach erosion and loggerhead prey abundance and/or restaurants in Mexico cities such as light pollution, especially from passing distribution. Tijuana, Ensenada, and Mexicali, and cars, as well as from tourists In summary, we find that the North U.S. cities such as San Diego and encroaching on the nesting beaches Pacific Ocean DPS of the loggerhead sea Tucson). Consumption is highest during (Matsuzawa, 2006). Burgeoning turtle is negatively affected by ongoing holidays such as Easter and Christmas numbers of visitors to beaches may changes in both its terrestrial and (Wildcoast/Grupo Tortuguero de las cause sand compaction and nest marine habitats as a result of land and Californias, 2003). trampling. Egg and pre-emergent water use practices as considered above Based on a combination of analyses of hatchling mortality in Yakushima has in Factor A. Within Factor A, we find stranding data, beach and sea surveys, been shown to be higher in areas where that coastal development and coastal tag-recapture studies, and extensive public access is not restricted and is armoring on nesting beaches in Japan interviews, all carried out between June mostly attributed to human foot traffic are significant threats to the persistence 1994 and January 1999, Nichols (2003) on nests (Kudo et al., 2003). Fences have of this DPS. conservatively estimated the annual take of sea turtles by various fisheries been constructed around areas where B. Overutilization for Commercial, and through direct harvest in the Baja the highest densities of nests are laid; Recreational, Scientific, or Educational California, Mexico, region. Sea turtle however, there are still lower survival Purposes rates of eggs and pre-emergent mortality data collected between 1994 hatchlings due to excessive foot traffic In Japan, the use of loggerhead meat and 1999 indicated that over 90 percent (Ohmuta, 2006). for food is not popular except of sea turtles recorded dead were either Loggerhead nesting habitat also has historically in local communities such green turtles (30 percent of total) or been lost at important rookeries in as Kochi and Wakayama prefectures. In loggerheads (61 percent of total), and Miyazaki due in part to port addition, egg collection was common in signs of human consumption were construction that involved development the coastal areas during times of hunger evident in over half of the specimens. of a groin of 1 kilometer from the coast and later by those who valued These studies resulted in an estimated into the sea, a yacht harbor with loggerhead eggs as revitalizers or 1,950 loggerheads killed annually, breakwaters and artificial beach, and an aphrodisiacs and acquired them on the affecting primarily juvenile size classes. airport, causing erosion of beaches on black market (in Kamezaki et al., 2003; The primary causes for mortality were both sides of the construction zone. This Takeshita, 2006). Currently, due in large the incidental take in a variety of fishing once excellent nesting habitat for part to research and conservation efforts gears and direct harvest for loggerheads is now seriously threatened throughout the country, egg harvesting consumption and [illegal] trade by erosion (Takeshita, 2006). no longer represents a problem in Japan (Nichols, 2003). Minabe-Senri beach, Wakayama (Kamezaki et al., 2003; Ohmuta, 2006; From April 2000 to July 2003 Prefecture is a ‘‘submajor’’ nesting beach Takeshita, 2006). Laws were enacted in throughout the Bahia Magdalena region (in Kamezaki et al., 2003), but is one of 1973 to prohibit egg collection on (including local beaches and towns), the most important rookeries on the Yakushima, and in 1988, the laws were researchers found 1,945 sea turtle main island of Japan (Honshu). Based extended to the entire Kagoshima carcasses, 44.1 percent of which were on unpublished data, Matsuzawa (2006) Prefecture, where two of the most loggerheads. Of the sea turtle carcasses reported hatching success of unwashed- important loggerhead nesting beaches found, slaughter for human out clutches at Minabe-Senri beach to be are protected (Matsuzawa, 2006). consumption was the primary cause of 24 percent in 1996, 50 percent in 1997, Despite national laws, in many other death for all species (63 percent for 53 percent in 1998, 48 percent in 1999, countries where loggerheads are found loggerheads). Over 90 percent of all 62 percent in 2000, 41 percent in 2001, migrating through or foraging, the turtles found were juvenile turtles (Koch and 34 percent in 2002. hunting of adult and juvenile turtles is et al., 2006). As the population of green still a problem, as seen in Baja Neritic/Oceanic Zones turtles has declined in Baja California California Sur, Mexico (Koch et al., Sur waters, poachers have switched to Threats to habitat in the loggerhead 2006). Sea turtles have been protected in loggerheads (H. Peckham, Pro neritic and oceanic zones in the North Mexico since 1990, when a Federal law Peninsula, personal communication, Pacific Ocean include fishing practices, decreed the prohibition of the 2006). channel dredging, sand extraction, ‘‘extraction, capture and pursuit of all In summary, overutilization for marine pollution, and climate change. species of sea turtle in Federal waters or commercial purposes in both Japan and Fishing methods not only incidentally from beaches within national territory Mexico likely was a factor that capture loggerheads, but also deplete * * * [and a requirement that] * * * contributed to the historic declines of invertebrate and fish populations and any species of sea turtle incidentally this DPS. Current illegal harvest of thus alter ecosystem dynamics. In many captured during the operations of any loggerheads in Baja California for cases loggerhead foraging areas coincide commercial fishery shall be returned to human consumption continues as a with fishing zones. For example, using the sea, independently of its physical significant threat to the persistence of aerial surveys and satellite telemetry, state, dead or alive’’ (in Garcia-Martinez this DPS. juvenile foraging hotspots have recently and Nichols, 2000). Despite the ban, been identified off the coast of Baja studies have shown that sea turtles C. Disease or Predation California, Mexico; these hotspots continue to be caught, both indirectly in The potential exists for diseases and overlap with intensive small-scale fisheries and by a directed harvest of endoparasites to impact loggerheads fisheries (Peckham and Nichols, 2006; juvenile turtles. Turtles are principally found in the North Pacific Ocean. As in Peckham et al., 2007, 2008). hunted using nets, longlines, and other nesting locations, egg predation Comprehensive data currently are harpoons. While some are killed also exists in Japan, particularly by unavailable to fully understand how immediately, others are kept alive in raccoon dogs (Nyctereutes intense harvesting of fish resources pens and transported to market. The procyonoides) and weasels (Mustela changes neritic and oceanic ecosystems. market for sea turtles consists of two itatsi); however, quantitative data do not Climate change also may result in future types: the local market (consumed exist to evaluate the impact on trophic changes, thus impacting locally) and the export market (sold to loggerhead populations (Kamezaki et

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12617

al., 2003). Loggerheads in the North armoring, if left unaddressed, will available, vessels reported that 36 Pacific Ocean also may be impacted by become an even more substantial threat percent of the sightings of turtles in harmful algal blooms. as sea level rises. Recently, the Japan locations that overlap with these In summary, although nest predation Ministry of Environment has supported commercial fishing grounds were in Japan is known to occur, quantitative the local non-governmental organization loggerheads. data are not sufficient to assess the conducting turtle surveys and Caution should be used in degree of impact of nest predation on conservation on Yakushima in interpreting the results of Nishemura the persistence of this DPS. establishing guidelines for surveys and and Nakahigashi (1990), including minimizing impacts by humans D. Inadequacy of Existing Regulatory estimates of sea turtle take rate (per encroaching on the nesting beaches. As Mechanisms number of hooks) and resultant of the 2009 nesting season, humans mortality rate, and estimates of annual International Instruments accessing Inakahama, Maehama, and take by the fishery, for the following The BRT identified several regulatory Yotsuse beaches at night must comply reasons: (1) The data collected were mechanisms that apply to loggerhead with the established rules (Y. based on observations by training and sea turtles globally and within the North Matsuzawa, Sea Turtle Association of research vessels, logbooks, and a Pacific Ocean. The reader is directed to Japan, personal communication, 2009). questionnaire (i.e., hypothetical), and do sections 5.1.4. and 5.2.1.4. of the Status In summary, our review of regulatory not represent actual, substantiated Review for a discussion of these mechanisms under Factor D logged or observed catch of sea turtles regulatory mechanisms. Hykle (2002) demonstrates that although regulatory by the fishery; (2) the authors assumed and Tiwari (2002) have reviewed the mechanisms are in place that should that turtles were distributed effectiveness of some of these address direct and incidental take of homogeneously; and (3) the authors international instruments. The problems North Pacific Ocean loggerheads, these used only one year (1978) to estimate with existing international treaties are regulatory mechanisms are insufficient total effort and distribution of the often that they have not realized their or are not being implemented effectively Japanese tuna longline fleet. Although full potential, do not include some key to address the needs of loggerheads. We the data and analyses provided by countries, do not specifically address find that the threats from the Nishemura and Nakahigashi (1990) are sea turtle conservation, and are inadequacy of existing regulatory conjectural, longliners fishing in the handicapped by the lack of a sovereign mechanisms for fishery bycatch (Factor Pacific have significantly impacted and, authority to enforce environmental E) and coastal development and coastal with the current level of effort, probably regulations. The ineffectiveness of armoring (Factor A) are significant will continue to have significant international treaties and national relative to the persistence of this DPS. impacts on sea turtle populations. legislation is oftentimes due to the lack E. Other Natural or Manmade Factors Foreign high-seas driftnet fishing in of motivation or obligation by countries Affecting its Continued Existence the North Pacific Ocean for squid, tuna, to implement and enforce them. A and billfish ended with a United thorough discussion of this topic is Incidental Bycatch in Fishing Gear Nations moratorium in December 1992. available in a special 2002 issue of the Incidental capture in artisanal and Except for observer data collected in Journal of International Wildlife Law commercial fisheries is a significant 1990–1991, there is virtually no and Policy: International Instruments threat to the survival of loggerheads in information on the incidental take of sea and Marine Turtle Conservation (Hykle the North Pacific. Sea turtles may be turtle species by the driftnet fisheries 2002). caught in pelagic and demersal prior to the moratorium. The high-seas longlines, drift and set gillnets, bottom squid driftnet fishery in the North National Legislation and Protection and mid-water trawling, fishing dredges, Pacific was observed in Japan, Korea, Fishery bycatch that occurs pound nets and weirs, haul and purse and Taiwan, while the large-mesh throughout the North Pacific Ocean is seines, pots and traps, and hook and fisheries targeting tuna and billfish were substantial (see Factor E). Although line gear. observed in the Japanese fleet (1990– national and international governmental Based on turtle sightings and capture 1991) and the Taiwanese fleet (1990). A and non-governmental entities on both rates reported in an April 1988 through combination of observer data and fleet sides of the North Pacific are currently March 1989 survey of fisheries research effort statistics indicate that 2,986 working toward reducing loggerhead and training vessels and extrapolated to loggerhead turtles were entangled by the bycatch, and some positive actions have total longline fleet effort by the Japanese combined fleets of Japan, Korea, and been implemented, it is unlikely that fleet in 1978, Nishemura and Taiwan from June 1990 through May this source of mortality can be Nakahigashi (1990) estimated that 1991, when all fleets were monitored. sufficiently reduced in the near future 21,200 turtles, including greens, Of these incidental entanglements, an due to the challenges of mitigating leatherbacks, loggerheads, olive ridleys, estimated 805 loggerheads were killed illegal, unregulated, and unreported and hawksbills, were captured annually (27 percent mortality rate) (Wetherall, fisheries, the lack of comprehensive by Japanese tuna longliners in the 1997). Data on size composition of the information on fishing distribution and western Pacific and South China Sea, turtles caught in the high-seas driftnet effort, limitations on implementing with a reported mortality of fisheries also were collected by demonstrated effective conservation approximately 12,300 turtles per year. observers. The majority of loggerheads measures, geopolitical complexities, Using commercial tuna longline measured by observers were juvenile limitations on enforcement capacity, logbooks, research vessel data, and (Wetherall, 1997). The cessation of high- and lack of availability of questionnaires, Nishemura and seas driftnet fishing in 1992 should have comprehensive bycatch reduction Nakahigashi (1990) estimated that for reduced the incidental take of marine technologies. every 10,000 hooks in the western turtles. However, nations involved in In addition to fishery bycatch, coastal Pacific and South China Sea, one turtle driftnet fishing may have shifted to development and coastal armoring on is captured, with a mortality rate of 42 other gear types (e.g., pelagic or nesting beaches in Japan continues as a percent. Although species-specific demersal longlines, coastal gillnets); this substantial threat (see Factor A). Coastal information on the bycatch is not shift in gear types could have resulted

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12618 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

in either similar or increased turtle numbered only five to six vessels. Pacific coast of Baja California following bycatch and associated mortality. During the seven daylong bottom-set a preferred prey species, pelagic red These rough mortality estimates for a longline trips observed, 26 loggerheads crabs. single fishing season provide only a were taken, with 24 of them landed Prior to 2000, the Hawaii-based narrow glimpse of the impacts of the dead (observed mortality rate of 92 longline fishery targeted highly driftnet fishery on sea turtles, and a full percent). Based on these observations, migratory species north of Hawaii using assessment of impacts would consider researchers estimated that in 2005 at gear largely used by fleets around the the turtle mortality generated by the least 299 loggerheads died in the world. From 1994–1999, the fishery was driftnet fleets over their entire range. bottom-set gillnet fishery and at least estimated to take between 369 and 501 Unfortunately, comprehensive data are 680 loggerheads died in the bottom-set loggerheads per year, with between 64 lacking, but the observer data do longline fishery. This annual bycatch and 88 mortalities per year (NMFS, indicate the possible magnitude of turtle estimate of approximately 1,000 2000). Currently, the Hawaii-based mortality given the best information loggerheads is considered a minimum shallow longline fishery targeting available. Wetherall et al. (1993) and is also supported by shoreline swordfish is strictly regulated such that speculate that the actual mortality of sea mortality surveys and informal an annual take of 17 loggerheads is turtles may have been between 2,500 interviews (Peckham et al., 2007). authorized for the fishery, beginning in and 9,000 per year, with most of the These results suggest that incidental 2004, when the fishery was re-opened mortalities being loggerheads taken in capture at Baja California Sur is one of after being closed for several years. In the Japanese and Taiwanese large-mesh the most significant sources of mortality 2004 and 2005, the fishing year was fisheries. identified for the North Pacific completed without reaching the turtle While a comprehensive, quantitative loggerhead population and underscores take levels (1 and 10 loggerheads were assessment of the impacts of the North the importance of reducing bycatch in captured, respectively, with fleets Pacific driftnet fishery on turtles is small-scale fisheries. operating with 100 percent observer impossible without a better In the U.S. Pacific, longline fisheries coverage). However, in 2006, 17 understanding of turtle population targeting swordfish and tuna and drift loggerheads were taken, forcing the abundance, genetic identities, gillnet fisheries targeting swordfish have fishery to be shut down early. In 2007, exploitation history, and population been identified as the primary fisheries 15 loggerheads were taken by the dynamics, it is likely that the mortality of concern for loggerheads. Bycatch of fishery. Most loggerheads were released inflicted by the driftnet fisheries in 1990 loggerhead turtles in these fisheries has alive (NMFS-Pacific Islands Regional and in prior years was significant been significantly reduced as a result of Office, Observer Database Public Web (Wetherall et al., 1993), and the effects time-area closures, required gear site, 2008). may still be evident in sea turtle modifications, and hard caps imposed populations today. The high mortality of on turtle bycatch, with 100 percent Recent investigations off the coast of juvenile turtles and reproductive adults observer coverage in certain areas. Japan, particularly focused off the main in the high-seas driftnet fishery has The California/Oregon (CA/OR) drift islands of Honshu, Shikoku, and probably altered the current age gillnet fishery targets swordfish and Kyushu, have revealed a major threat to structure (especially if certain age thresher shark off the west coast of the the more mature stage classes of groups were more vulnerable to driftnet United States. The fishery has been loggerheads (approximately 70–80 cm fisheries) and therefore diminished or observed by NMFS since July 1990 and SCL) due to pound net fisheries set limited the reproductive potential of currently averages 20 percent. From July offshore of the nesting beaches and in affected sea turtle populations. 1990 to January 2000, the CA/OR drift the coastal foraging areas. While pound Extensive ongoing studies regarding gillnet fishery was observed to nets constitute the third largest fishery loggerhead mortality and bycatch have incidentally capture 17 loggerheads (12 in terms of metric tons of fish caught in been administered off the coast of Baja released alive, 1 injured, and 4 killed). Japan, they account for the majority of California Sur, Mexico. The location Based on a worst-case scenario, NMFS loggerhead bycatch by Japanese and timing of loggerhead strandings estimated that a maximum of 33 fisheries. Open-type pound nets studied documented in 2003–2005 along a 43- loggerheads in a given year could be in an area off Shikoku were shown to kilometer beach (Playa San Lazaro) incidentally taken by the CA/OR drift take loggerheads as the most prevalent indicated bycatch in local small-scale gillnet fleet. Sea turtle mortality rates for sea turtle species caught but had lower fisheries. In order to corroborate this, in hard-shelled species were estimated to mortality rates (less than 15 percent), 2005, researchers observed two small- be 32 percent (NMFS, 2000). primarily because turtles could reach scale fleets operating closest to an area In 2000, analyses conducted under the surface to breathe. Middle layer and identified as a high-use area for the mandates of the ESA showed that bottom-type pound nets in particular loggerheads. One fleet, based out of the CA/OR drift gillnet fishery was have high rates of mortality (nearly 100 Puerto Lopez-Mateos, fished primarily taking excessive numbers of sea turtles, percent), because the nets are for halibut using bottom set gillnets, such that the fishery ‘‘jeopardized the submerged and sea turtles are unable to soaking from 20 to 48 hours. This fleet continued existence of’’ loggerheads and reach the surface. Estimates of consisted of up to 75 boats in 2005, and, leatherbacks. In this case, the consulting loggerhead mortality in one area studied on a given day, 9 to 40 vessels fished the agency (NMFS) was required to provide between April 2006 and September deep area (32–45 meter depths). During a reasonable and prudent alternative to 2007 were on the order of 100 a 2-month period, 11 loggerheads were the action (i.e., the fishery). In order to individuals. While the fishing industry observed taken in 73 gillnet day-trips, reduce the likelihood of interactions has an interest in changing its gear to with eight of those loggerheads landed with loggerhead sea turtles, NMFS has open-type, it is very expensive, and the dead (observed mortality rate of 73 regulations in place to close areas to support from the Japanese government percent). The other fleet, based in Santa drift gillnet fishing off southern is limited (T. Ishihara, Sea Turtle Rosa, fished primarily for demersal California during forecasted or Association of Japan, personal sharks using bottom-set longlines baited occurring El Nin˜ o events from June 1 communication, 2007). Nonetheless, the with tuna or mackerel and left to soak through August 31, when loggerheads BRT recognizes that coastal pound net for 20 to 48 hours. In 2005, the fleet are likely to move into the area from the fisheries off Japan may pose a

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00022 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12619

significant threat to the North Pacific any lag in productivity due to warmer erosion of nesting habitat. Preliminary population of loggerheads. temperatures has physiological basis. studies on nesting beaches in New Quantifying the magnitude of the Over the long term, warming ocean Caledonia include local oral histories threat of fisheries in the North Pacific temperatures could therefore lead to that attribute the decrease in loggerhead Ocean on loggerhead sea turtles is very lower productivity and prey abundance, nesting to the removal of vegetation for difficult given the low level of observer and thus reduced nesting and construction purposes and subsequent coverage or investigations into bycatch recruitment by Pacific loggerheads beach erosion (Limpus et al., 2006). conducted by countries that have large (Chaloupka et al., 2008). Beach armoring presents a barrier to fishing fleets. Efforts have been made to Other anthropogenic impacts include nesting in the South Pacific. On the quantify the effect of pelagic longline boat strikes, ingestion of and primary nesting beach in New fishing on loggerheads, and annual entanglement in marine debris, and Caledonia, a rock wall was constructed estimates of bycatch were on the order entrainment in coastal power plants. to prevent coastal erosion, and sea turtle of over 10,000 sea turtles, with as many Natural environmental events, such as nesting attempts have been as 2,600 individual loggerheads killed cyclones and hurricanes, may affect unsuccessful. Local residents are annually through immediate or delayed loggerheads in the North Pacific Ocean. seeking authorization to extend the wall mortality as a result of interacting with Typhoons also have been shown to further down the beach (Limpus et al., the gear (Lewison et al., 2004). cause severe beach erosion and 2006). negatively affect hatching success at Neritic/Oceanic Zones Other Manmade and Natural Impacts many loggerhead nesting beaches in Similar to other areas of the world, Japan, especially in areas already prone Threats to habitat in the loggerhead climate change and sea level rise have to erosion. For example, during the 2004 neritic and oceanic zones in the South the potential to impact loggerheads in season, the Japanese archipelago Pacific Ocean include fishing practices, the North Pacific Ocean. For example, suffered a record number of typhoons channel dredging, sand extraction, Matsuzawa et al. (2002) found heat- and many nests were drowned or marine pollution, and climate change. related mortality of pre-emergent washed out. Extreme sand temperatures Climate change, for instance, may result hatchlings in Minabe Senri Beach and at nesting beaches also create highly in future trophic changes, thus concluded that this population is skewed female sex ratios of hatchlings impacting loggerhead prey abundance vulnerable to even small temperature or threaten the health of hatchlings. and/or distribution. increases resulting from global warming Without human intervention to protect In summary, we find that the South because sand temperatures already clutches against some of these natural Pacific Ocean DPS of the loggerhead sea exceed the optimal thermal range for threats, many of these nests would be turtle is negatively affected by ongoing incubation. Recently, Chaloupka et al. lost (Matsuzawa, 2006). changes in both its terrestrial and (2008) used generalized additive In summary, we find that the North marine habitats as a result of land and regression modeling and autoregressive- Pacific Ocean DPS of the loggerhead sea water use practices as considered above prewhitened cross-correlation analysis turtle is negatively affected by both in Factor A. Within Factor A, we find to consider whether changes in regional natural and manmade impacts as that coastal armoring and removal of ocean temperatures affect long-term described above in Factor E. Within native dune vegetation on nesting nesting population dynamics for Pacific Factor E, we find that fishery bycatch beaches are significant threats to the loggerheads from primary nesting that occurs throughout the North Pacific persistence of this DPS. assemblages in Japan and Australia. Ocean, including the coastal pound net B. Overutilization for Commercial, Researchers chose four nesting sites fisheries off Japan, coastal fisheries with a generally long time series to Recreational, Scientific, or Educational impacting juvenile foraging populations Purposes model, two in Japan (Kamouda rookery, off Baja California, Mexico, and declining population, and Yakushima undescribed fisheries likely affecting Legislation in Australia outlaws the rookery, generally increasing in the last loggerheads in the South China Sea and harvesting of loggerheads by indigenous 20 years), and two in Australia the North Pacific Ocean, is a significant peoples (Limpus et al., 2006). Despite (Woongarra rookery, generally declining threat to the persistence of this DPS. national laws, in many areas the through early 1990s and beginning to poaching of eggs and hunting of adult recover, and Wreck Island rookery, South Pacific Ocean DPS and juvenile turtles is still a problem, which is generally declining). Analysis A. The Present or Threatened and Limpus (2009) suggests that the of 51 years of mean annual sea surface Destruction, Modification, or harvest rate of loggerheads by temperatures around two core foraging Curtailment of Its Habitat or Range indigenous hunters, both within areas off Japan and eastern Australia, Australia and in neighboring countries, showed a general warming of the oceans Terrestrial Zone is on the order of 40 turtles per year. in these regions. In general, nesting Destruction and modification of Preliminary studies suggest that local abundance for all four rookeries was loggerhead nesting habitat in the South harvesting in New Caledonia constitutes inversely related to sea surface Pacific result from coastal development about 5 percent of the nesting temperatures; that is, higher sea surface and construction, placement of erosion population (Limpus et al., 2006). temperatures during the previous year control structures and other barriers to Loggerheads also are consumed after in the core foraging area resulted in nesting, beachfront lighting, vehicular being captured incidentally in high-seas lower summer season nesting at all traffic, beach erosion, beach pollution, fisheries of the southeastern Pacific rookeries. Given that cooler ocean removal of native vegetation, and (Alfaro-Shigueto et al., 2006), and temperatures are generally associated planting of non-native vegetation occasionally may be the product of with increased productivity and that (NMFS and USFWS, 1998; Limpus, illegal trade throughout the region. female sea turtles generally require at 2009). In summary, current illegal harvest of least 1 year to acquire sufficient fat Removal or destruction of native dune loggerheads in Australia and New stores for vitellogenesis to occur in the vegetation, which enhances beach Caledonia for human consumption, as foraging grounds, as well as the stability and acts as an integral buffer well as the consumption of loggerheads necessary energy required for migration, zone between land and sea, results in incidentally taken in high-seas fisheries,

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00023 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12620 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

continues as a significant threat to the often that they have not realized their E. Other Natural or Manmade Factors persistence of this DPS. full potential, do not include some key Affecting its Continued Existence C. Disease or Predation countries, do not specifically address Incidental Bycatch in Fishing Gear sea turtle conservation, and are The potential exists for diseases and handicapped by the lack of a sovereign Incidental capture in artisanal and commercial fisheries is a significant endoparasites to impact loggerheads authority to enforce environmental threat to the survival of loggerheads found in the South Pacific. While the regulations. The ineffectiveness of prevalence of fibropapillomatosis in throughout the South Pacific. The international treaties and national primary gear types involved in these most loggerhead populations is thought legislation is oftentimes due to the lack to be small, an exception is in Moreton interactions include longlines, driftnets, of motivation or obligation by countries set nets, and trawl fisheries. These are Bay, Australia, where 4.4 percent of the to implement and enforce them. A 320 loggerheads captured exhibited the employed by both artisanal and thorough discussion of this topic is industrial fleets, and target a wide disease during 1990–1992 (Limpus et available in a special 2002 issue of the al., 1994). A subsequent study also variety of species including tunas, Journal of International Wildlife Law sharks, sardines, swordfish, and mahi found a high prevalence of and Policy: International Instruments fibropapillomatosis in the area mahi. and Marine Turtle Conservation (Hykle, (Quackenbush et al., 2000). In the southwestern Pacific, bottom 2002). Predation on nests and hatchlings by trawling gear has been a contributing factor to the decline in the eastern terrestrial vertebrates is a major problem National Legislation and Protection at loggerhead rookeries in the South Australian loggerhead population Pacific. At mainland rookeries in Fishery bycatch that occurs (Limpus and Reimer, 1994). The northern Australian prawn fishery eastern Australia, for example, the throughout the South Pacific Ocean is (NPF) is made up of both a banana introduced fox (Vulpes vulpes) has been substantial (see Factor E). Although prawn fishery and a tiger prawn fishery, the most significant predator on national and international governmental and extends from Cape York, loggerhead eggs (Limpus, 1985, 2009). and non-governmental entities on both Queensland (142° E) to Cape Although this has been minimized in sides of the South Pacific are currently Londonberry, Western Australia (127° recent years (to less than 5 percent; working toward reducing loggerhead E). The fishery is one of the most Limpus, 2009), researchers believe the bycatch, and some positive actions have valuable in all of Australia and in 2000 earlier egg loss will greatly impact been implemented, it is unlikely that comprised 121 vessels fishing recruitment to this nesting population this source of mortality can be approximately 16,000 fishing days sufficiently reduced in the near future in the early 21st century (Limpus and (Robins et al., 2002a). In 2000, the use Reimer, 1994). Predation on hatchlings due to the challenges of mitigating of turtle excluder devices (TEDs) in the by crabs and diurnal birds is also a illegal, unregulated, and unreported NPF was made mandatory, due in part threat (Limpus, 2009). In New fisheries, the continued expansion of to several factors: (1) Objectives of the Caledonia, feral dogs pose a predation artisanal fleets in the southeastern Draft Australian Recovery Plan for threat to nesting loggerheads, and thus Pacific, the lack of comprehensive Marine Turtles, (2) requirement of the far no management has been information on fishing distribution and Australian Environment Protection and implemented (Limpus et al., 2006). effort, limitations on implementing Biodiversity Conservation Act for In summary, nest and hatchling demonstrated effective conservation Commonwealth fisheries to become predation likely was a factor that measures, geopolitical complexities, ecologically sustainable, and (3) the contributed to the historic decline of limitations on enforcement capacity, 1996 U.S. import embargo on wild- this DPS. Although current fox and lack of availability of caught prawns taken in a fishery predation levels in eastern Australia are comprehensive bycatch reduction without adequate turtle bycatch greatly reduced from historic levels, technologies. management practices (Robins et al., predation by other species still occurs, 2002a). Data primarily were collected by and predation by feral dogs in New In addition to fishery bycatch, coastal armoring and erosion resulting from the volunteer fishers who were trained Caledonia has not been addressed. In extensively in the collection of scientific addition, a high prevalence of the removal of native dune vegetation on nesting beaches continues as a data on sea turtles caught as bycatch in fibropapillomatosis disease exists in their fishery. Prior to the use of TEDs in Moreton Bay, Australia. Therefore, substantial threat (see Factor A). Coastal armoring, if left unaddressed, will this fishery, the NPF annually took predation and disease are believed to be between 5,000 and 6,000 sea turtles as a significant threat to the persistence of become an even more substantial threat as sea level rises. bycatch, with a mortality rate of an this DPS. estimated 40 percent due to drowning, In summary, our review of regulatory D. Inadequacy of Existing Regulatory injuries, or being returned to the water mechanisms under Factor D Mechanisms comatose (Poiner and Harris, 1996). demonstrates that although regulatory Since the mandatory use of TEDs has International Instruments mechanisms are in place that should been in effect, the annual bycatch of sea The BRT identified several regulatory address direct and incidental take of turtles in the NPF has dropped to less mechanisms that apply to loggerhead South Pacific Ocean loggerheads, these than 200 sea turtles per year, with a sea turtles globally and within the South regulatory mechanisms are insufficient mortality rate of approximately 22 Pacific Ocean. The reader is directed to or are not being implemented effectively percent (based on recent years). This sections 5.1.4. and 5.2.2.4. of the Status to address the needs of loggerheads. We lower mortality rate also may be based Review for a discussion of these find that the threat from the inadequacy on better sea turtle handling techniques regulatory mechanisms. Hykle (2002) of existing regulatory mechanisms for adopted by the fleet. In general, and Tiwari (2002) have reviewed the fishery bycatch (Factor E) and coastal loggerheads were the third most effectiveness of some of these armoring and removal of native dune common sea turtle taken in this fishery. international instruments. The problems vegetation (Factor A) is significant Loggerheads also are taken by with existing international treaties are relative to the persistence of this DPS. longline fisheries operating out of

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00024 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12621

Australia (Limpus, 2009). For example, Dutton, NMFS, and M. Donoso, ONG USFWS, personal observation, 2008) Robins et al. (2002b) estimate that Pacifico Laud—Chile, unpublished and greater access to nesting beaches by approximately 400 turtles are killed data). the public. Light pollution from the annually in Australian pelagic longline Other Manmade and Natural Impacts military installation at Masirah Island fishery operations. Of this annual also is evident at the most densely estimate, leatherbacks accounted for Other threats such as debris ingestion, nested northern end of the island and is boat strikes, and port dredging also over 60 percent of this total, while a likely cause of hatchling impact loggerheads in the South Pacific, unidentified hardshelled turtles misorientation and nesting female although these threats have been accounted for the remaining species. disturbance (E. Possardt, USFWS, minimized in recent years due to a Therefore, the effect of this longline personal observation, 2008). Beach fishery on loggerheads is unknown. variety of legislative actions (Limpus, Loggerheads also have been the most 2009). Loggerhead mortality resulting driving occurs on most of the major common turtle species captured in from dredging of channels in beaches outside the military shark control programs in Australia Queensland is a persistent, albeit minor installation. This vehicular traffic (Kidston et al., 1992; Limpus, 2009). problem. From 1999–2002, the average creates ruts that obstruct hatchling From 1998–2002, a total of 232 annual reported mortality was 1.7 movements (Mann, 1977; Hosier et al., loggerheads was captured with 195 turtles per year (range = 1–3) from port 1981; Cox et al., 1994; Baldwin, 1992), taken on drum lines and 37 taken in dredging operations (Limpus, 2009). tramples nests, and destroys vegetation nets, both with a low level of direct Climate change and sea level rise have and dune formation processes, which mortality (Limpus, 2009). the potential to impact loggerheads in exacerbates light pollution effects. Free In the southeastern Pacific, significant the South Pacific Ocean, yet the impact ranging camels, sheep, and goats bycatch has been reported in artisanal of these threats has not been quantified. overgraze beach vegetation, which gillnet and longline shark and mahi Natural environmental events, such as impedes natural dune formation (E. mahi fisheries operating out of Peru cyclones or hurricanes, may affect Possardt, USFWS, personal observation, (Kelez et al., 2003; Alfaro-Shigueto et loggerheads in the South Pacific Ocean. 2008). Development of a new hotel on al., 2006) and, to a lesser extent, Chile These types of events may disrupt a major loggerhead nesting beach at (Donoso and Dutton, 2006). The fishing loggerhead nesting activity, albeit on a Masirah Island is near completion and, industry in Peru is the second largest temporary scale. Chaloupka et al. (2008) although not yet approved, there are economic activity in the country, and, demonstrated that nesting abundance of plans for a major resort at an important over the past few years, the longline loggerheads in Australia was inversely loggerhead nesting beach on one of the fishery has rapidly increased. Currently, related to sea surface temperatures, and Halaniyat Islands. Armoring structures nearly 600 longline vessels fish in the suggested that a long-term warming common to many developed beaches winter and over 1,300 vessels fish in the trend in the South Pacific may be throughout the world are not yet evident summer. During an observer program in adversely impacting the recovery 2003/2004, 588 sets were observed potential of this population. on the major loggerhead nesting beaches during 60 trips, and 154 sea turtles were In summary, we find that the South of this DPS. taken as bycatch. Loggerheads were the Pacific Ocean DPS of the loggerhead sea Neritic/Oceanic Zones species most often caught (73.4 percent). turtle is negatively affected by both Of the loggerheads taken, 68 percent natural and manmade impacts as Threats to habitat in the loggerhead were entangled and 32 percent were described above in Factor E. Within neritic and oceanic zones in the North hooked. Of the two fisheries, sea turtle Factor E, we find that fishery bycatch Indian Ocean include fishing practices, bycatch was highest during the mahi that occurs throughout the South Pacific channel dredging, sand extraction, mahi season, with 0.597 turtles/1,000 Ocean is a significant threat to the marine pollution, and climate change. hooks, while the shark fishery caught persistence of this DPS. Fishing methods not only incidentally 0.356 turtles/1,000 hooks (Alfaro- capture loggerheads, but also deplete Shigueto et al., 2008b). A separate study North Indian Ocean DPS invertebrate and fish populations and by Kelez et al. (2003) reported that A. The Present or Threatened approximately 30 percent of all turtles thus alter ecosystem dynamics. In many Destruction, Modification, or cases loggerhead foraging areas coincide bycaught in Peru were loggerheads. In Curtailment of Its Habitat or Range many cases, loggerheads are kept on with fishing zones. There has been an board for human consumption; Terrestrial Zone apparent growth in artisanal and therefore, the mortality rate in this Destruction and modification of commercial fisheries in waters artisanal longline fishery is likely high loggerhead nesting habitat in the North surrounding Masirah Island (Baldwin, because sea turtles are retained for Indian Ocean result from coastal 1992). Climate change also may result in future consumption or sale. development and construction, future trophic changes, thus impacting Data on loggerhead bycatch in Chile beachfront lighting, vehicular and loggerhead prey abundance and/or are limited to the industrial swordfish pedestrian traffic, beach pollution, distribution. fleet. Since 1990, fleet size has ranged removal of native vegetation, and In summary, we find that the North from 7 to 23 vessels with a mean of planting of non-native vegetation (E. Indian Ocean DPS of the loggerhead sea approximately 14 vessels per year. Possardt, USFWS, personal observation, turtle is negatively affected by ongoing These vessels fish up to and over 1,000 2008). changes in both its terrestrial and nautical miles along the Chilean coast The primary loggerhead nesting with mechanized sets numbering beaches of this DPS are at Masirah marine habitats as a result of land and approximately 1,200 hooks (M. Donoso, Island, Oman, and are still relatively water use practices as considered above ONG Pacifico Laud—Chile, personal undeveloped but now facing increasing in Factor A. Within Factor A, we find communication, 2007). Loggerhead development pressures. Newly paved that coastal development, beachfront bycatch is present in Chilean fleets; roads closely paralleling most of the lighting, and vehicular beach driving on however, the catch rate is substantially Masirah Island coast are bringing newly nesting beaches in Oman are significant lower than that reported for Peru (P. constructed highway lights (E. Possardt, threats to the persistence of this DPS.

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00025 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12622 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

B. Overutilization for Commercial, Journal of International Wildlife Law Sea turtle bycatch has been reported in Recreational, Scientific, or Educational and Policy: International Instruments driftnet and set gillnets, longlines, Purposes and Marine Turtle Conservation (Hykle trawls, and hook and line gear The use of loggerhead meat for food 2002). (Kapurusinghe and Saman, 2001; Kapurusinghe and Cooray, 2002; in Oman is not legal or popular. National Legislation and Protection However, routine egg collection on Lewison et al., 2004). Quantifying the magnitude of the Masirah Island does occur (Baldwin, Impacts to loggerheads and threat of fisheries on loggerheads in the 1992). The extent of egg collection as loggerhead nesting habitat from coastal North Indian Ocean is difficult given the estimated by Masirah rangers and local development, beachfront lighting, and low level of observer coverage or residents is approximately 2,000 vehicular beach driving on nesting investigations into bycatch conducted clutches per year (less than 10 percent). beaches in Oman is substantial (see In summary, although the collection Factor A). In addition, fishery bycatch by countries that have large fishing of eggs for human consumption is that occurs throughout the North Indian fleets. Efforts have been made to known to occur, it does not appear to be Ocean, although not quantified, is a quantify the effects of pelagic longline fishing on loggerheads globally a significant threat to the persistence of likely substantial (see Factor E). Threats (Lewison et al., 2004). While there were this DPS. to nesting beaches are likely to increase, which would require additional and no turtle bycatch data available from the C. Disease or Predation widespread nesting beach protection North Indian Ocean to use in their The potential exists for diseases and efforts (Factor A). Little is currently assessment, extrapolations that endoparasites to impact loggerheads being done to monitor and reduce considered bycatch data for the Pacific found in the North Indian Ocean. mortality from neritic and oceanic and Atlantic basins gave a conservative Natural egg predation on Oman fisheries in the range of the North estimate of 6,000 loggerheads captured loggerhead nesting beaches undoubtedly Indian Ocean DPS; this mortality is in the Indian Ocean in the year 2000. occurs, but is not well documented or likely to continue and increase with Interviews with rangers at Masirah believed to be significant. Predation on expected additional fishing effort from Island reveal that shark gillnets capture hatchlings by Arabian red fox (Vulpes commercial and artisanal fisheries many loggerheads off nesting beaches vulpes arabica), ghost crabs (Ocypode (Factor E). Reduction of mortality would during the nesting season. As many as saratan), night herons (Nycticorax be difficult due to a lack of 60 boats are involved in this fishery nycticorax), and gulls (Larus spp.) likely comprehensive information on fishing with up to 6 km of gillnets being fished occurs. While quantitative data do not distribution and effort, limitations on daily from June through October along exist to evaluate these impacts on the implementing demonstrated effective the Masirah Island coast. Rangers North Indian Ocean loggerhead conservation measures, geopolitical reported one example of 17 loggerheads in one net (E. Possardt, USFWS, population, they are not likely to be complexities, limitations on personal communication, 2008). significant. enforcement capacity, and lack of In summary, although nest predation availability of comprehensive bycatch Other Manmade and Natural Impacts reduction technologies. is known to occur and hatchling Other anthropogenic impacts, such as In summary, our review of regulatory predation is likely, quantitative data are boat strikes and ingestion or mechanisms under Factor D not sufficient to assess the degree of entanglement in marine debris, as well demonstrates that although regulatory impact of nest predation on the as entrainment in coastal power plants, mechanisms are in place that should persistence of this DPS. likely apply to loggerheads in the North address direct and incidental take of Indian Ocean. Similar to other areas of D. Inadequacy of Existing Regulatory North Indian Ocean loggerheads, these the world, climate change and sea level Mechanisms regulatory mechanisms are insufficient rise have the potential to impact International Instruments or are not being implemented effectively loggerheads in the North Indian Ocean. to address the needs of loggerheads. We The BRT identified several regulatory This includes beach erosion and loss find that the threat from the inadequacy mechanisms that apply to loggerhead from rising sea levels, skewed hatchling of existing regulatory mechanisms for sea turtles globally and within the North sex ratios from rising beach incubation fishery bycatch (Factor E) and coastal Indian Ocean. The reader is directed to temperatures, and abrupt disruption of development, beachfront lighting, and sections 5.1.4. and 5.2.3.4. of the Status ocean currents used for natural vehicular beach driving (Factor A) is Review for a discussion of these dispersal during the complex life cycle. significant relative to the persistence of regulatory mechanisms. Hykle (2002) Climate change impacts could have this DPS. and Tiwari (2002) have reviewed the profound long-term impacts on nesting effectiveness of some of these E. Other Natural or Manmade Factors populations in the North Indian Ocean, international instruments. The problems Affecting Its Continued Existence but it is not possible to quantify the with existing international treaties are Incidental Bycatch in Fishing Gear potential impacts at this point in time. often that they have not realized their Natural environmental events, such as full potential, do not include some key The magnitude of the threat of cyclones, tsunamis, and hurricanes, countries, do not specifically address incidental capture of sea turtles in affect loggerheads in the North Indian sea turtle conservation, and are artisanal and commercial fisheries in Ocean. For example, during the 2007 handicapped by the lack of a sovereign the North Indian Ocean is difficult to season, Oman suffered a rare typhoon. authority to enforce environmental assess. A bycatch survey administered In general, however, severe storm events regulations. The ineffectiveness of off the coast of Sri Lanka between are episodic and, although they may international treaties and national September 1999 and November 2000 affect loggerhead hatchling production, legislation is oftentimes due to the lack reported 5,241 total turtle the results are generally localized and of motivation or obligation by countries entanglements, of which 1,310 were they rarely result in whole-scale losses to implement and enforce them. A loggerheads, between Kalpitiya and over multiple nesting seasons. thorough discussion of this topic is Kirinda (Kapurusinghe and Saman, In summary, we find that the North available in a special 2002 issue of the 2001; Kapurusinghe and Cooray, 2002). Indian Ocean DPS of the loggerhead sea

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00026 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12623

turtle is negatively affected by both beaches of the Ningaloo coast of fishing effort from commercial and natural and manmade impacts as mainland Australia, a long established artisanal fisheries (Factor E). Although described above in Factor E. Within feral European red fox (Vulpes vulpes) national and international governmental Factor E, we find that fishery bycatch population preyed heavily on eggs and and non-governmental entities are that occurs throughout the North Indian is thought to be responsible for the currently working toward reducing Ocean, although not quantified, is a lower numbers of nesting turtles on the loggerhead bycatch, and some positive likely a significant threat to the mainland beaches (Baldwin et al., actions have been implemented, it is persistence of this DPS. 2003). The fox populations have been unlikely that this source of mortality eradicated on Dirk Hartog Island and can be sufficiently reduced in the near Southeast-Indo Pacific Ocean DPS Murion Islands (Baldwin et al., 2003). future due to the challenges of A. The Present or Threatened In summary, nest predation likely was mitigating illegal, unregulated, and Destruction, Modification, or a factor that contributed to the historic unreported fisheries, the continued Curtailment of Its Habitat or Range decline of this DPS. However, foxes expansion of artisanal fleets, the lack of Terrestrial Zone have been eradicated on Dirk Hartog comprehensive information on fishing Island and Murion Islands, and current distribution and effort, limitations on The primary loggerhead nesting fox predation levels on mainland implementing demonstrated effective beaches for this DPS occur in Australia beaches in western Australia are greatly conservation measures, geopolitical on Dirk Hartog Island and Murion reduced from historic levels. Therefore, complexities, limitations on Islands (Baldwin et al., 2003), which are predation no longer appears to be a enforcement capacity, and lack of undeveloped. Dirk Hartog Island is soon significant threat to the persistence of availability of comprehensive bycatch to become part of the National Park this DPS. reduction technologies. System. In summary, our review of regulatory D. Inadequacy of Existing Regulatory mechanisms under Factor D Neritic/Oceanic Zones Mechanisms demonstrates that although regulatory Threats to habitat in the loggerhead International Instruments mechanisms are in place that should neritic and oceanic zones in the The BRT identified several regulatory address direct and incidental take of Southeast-Indo Pacific Ocean include Southeast Indo-Pacific Ocean fishing practices, channel dredging, mechanisms that apply to loggerhead sea turtles globally and within the loggerheads, these regulatory sand extraction, marine pollution, and mechanisms are insufficient or are not climate change. Fishing methods not Southeast Indo-Pacific Ocean. The reader is directed to sections 5.1.4. and being implemented effectively to only incidentally capture loggerheads, address the needs of loggerheads. We but also deplete invertebrate and fish 5.2.4.4. of the Status Review for a discussion of these regulatory find that the threat from the inadequacy populations and thus alter ecosystem of existing regulatory mechanisms for dynamics. In many cases, loggerhead mechanisms. Hykle (2002) and Tiwari (2002) have reviewed the effectiveness fishery bycatch (Factor E) is significant foraging areas coincide with fishing relative to the persistence of this DPS. zones. Climate change also may result in of some of these international future trophic changes, thus impacting instruments. The problems with existing E. Other Natural or Manmade Factors loggerhead prey abundance and/or international treaties are often that they Affecting Its Continued Existence have not realized their full potential, do distribution. Incidental Bycatch in Fishing Gear In summary, we find that the not include some key countries, do not Southeast Indo-Pacific Ocean DPS of the specifically address sea turtle The extent of the threat of incidental loggerhead sea turtle is negatively conservation, and are handicapped by capture of sea turtles in artisanal and affected by ongoing changes in its the lack of a sovereign authority to commercial fisheries in the Southeast marine habitats as a result of land and enforce environmental regulations. The Indo-Pacific Ocean is unknown. Sea water use practices as considered above ineffectiveness of international treaties turtles are caught in pelagic and in Factor A. However, sufficient data are and national legislation is oftentimes demersal longlines, gillnets, trawls, not available to assess the significance due to the lack of motivation or seines, and pots and traps (Environment of these threats to the persistence of this obligation by countries to implement Australia, 2003). There is evidence of DPS. and enforce them. A thorough significant historic bycatch from prawn discussion of this topic is available in a fisheries, which may have depleted B. Overutilization for Commercial, special 2002 issue of the Journal of nesting populations long before nesting Recreational, Scientific, or Educational International Wildlife Law and Policy: surveys were initiated in the 1990s Purposes International Instruments and Marine (Baldwin et al., 2003). Legislation in Australia outlaws the Turtle Conservation (Hykle 2002). Quantifying the magnitude of the threat of fisheries on loggerheads in the harvesting of loggerheads by indigenous National Legislation and Protection peoples (Limpus et al., 2006). Dirk Southeast Indo-Pacific Ocean is very Hartog Island and Murion Islands are Fishery bycatch that occurs difficult given the low level of observer largely uninhabited, and poaching of throughout the Southeast Indo-Pacific coverage or investigations into bycatch eggs and turtles is likely negligible. Ocean, although not quantified, is a conducted by countries that have large In summary, harvest of eggs and likely substantial (see Factor E). With fishing fleets. Efforts have been made to turtles is believed to be negligible and the exception of efforts to reduce quantify the effects of pelagic longline does not appear to be a threat to the loggerhead bycatch in the northern fishing on loggerheads globally persistence of this DPS. Australian prawn fishery, little is (Lewison et al., 2004). While there were currently being done to monitor and no turtle bycatch data available from the C. Disease or Predation reduce mortality from neritic and Southeast Indo-Pacific Ocean to use in The potential exists for diseases and oceanic fisheries in the range of the their assessment, extrapolations that endoparasites to impact loggerheads Southeast Indo-Pacific Ocean DPS. This considered bycatch data for the Pacific found in the Southeast Indo-Pacific mortality is likely to continue and and Atlantic basins gave a conservative Ocean. On the North West Cape and the increase with expected additional estimate of 6,000 loggerheads captured

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00027 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12624 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

in the Indian Ocean in the year 2000. entanglement in marine debris, likely climate change. Fishing methods not Loggerheads are known to be taken by apply to loggerheads in the Southeast only incidentally capture loggerheads, Japanese longline fisheries operating off Indo-Pacific Ocean. Similar to other but also deplete invertebrate and fish of Western Australia (Limpus, 2009). areas of the world, climate change and populations and thus alter ecosystem The effect of the longline fishery on sea level rise have the potential to dynamics. In many cases, loggerhead loggerheads in the Indian Ocean is impact loggerheads in the Southeast foraging areas coincide with fishing largely unknown (Lewison et al., 2004). Indo-Pacific Ocean. This includes beach zones. Climate change also may result in The northern Australian prawn erosion and loss from rising sea levels, future trophic changes, thus impacting fishery (NPF) is made up of both a skewed hatchling sex ratios from rising loggerhead prey abundance and/or banana prawn fishery and a tiger prawn beach incubation temperatures, and distribution. fishery, and extends from Cape York, abrupt disruption of ocean currents In summary, we find that the Queensland (142° E) to Cape used for natural dispersal during the Southwest Indian Ocean DPS of the Londonberry, Western Australia (127° complex life cycle. Climate change loggerhead sea turtle is negatively E). The fishery is one of the most impacts could have profound long-term affected by ongoing changes in its valuable in all of Australia and in 2000 impacts on nesting populations in the marine habitats as a result of land and comprised 121 vessels fishing Southeast Indo-Pacific Ocean, but it is water use practices as considered above approximately 16,000 fishing days not possible to quantify the potential in Factor A. However, sufficient data are (Robins et al., 2002a). In 2000, the use impacts at this point in time. not available to assess the significance of turtle excluder devices in the NPF Natural environmental events, such as of these threats to the persistence of this was made mandatory, due in part to cyclones and hurricanes, may affect DPS. several factors: (1) Objectives of the loggerheads in the Southeast Indo- B. Overutilization for Commercial, Draft Australian Recovery Plan for Pacific Ocean. In general, however, Recreational, Scientific, or Educational Marine Turtles, (2) requirement of the severe storm events are episodic and, Purposes Australian Environment Protection and although they may affect loggerhead Biodiversity Conservation Act for hatchling production, the results are In the Southwest Indian Ocean, on the Commonwealth fisheries to become generally localized and they rarely east coast of Africa, subsistence hunting ecologically sustainable, and (3) the result in whole-scale losses over by local people is a continued threat to 1996 U.S. import embargo on wild- multiple nesting seasons. loggerheads (Baldwin et al., 2003). caught prawns taken in a fishery In summary, we find that the Illegal hunting of marine turtles and egg without adequate turtle bycatch Southeast Indo-Pacific Ocean DPS of the harvesting remains a threat in management practices (Robins et al., loggerhead sea turtle is negatively Mozambique as well (Louro et al., 2002a). Data primarily were collected by affected by both natural and manmade 2006). volunteer fishers who were trained impacts as described above in Factor E. In summary, harvest of loggerheads extensively in the collection of scientific Within Factor E, we find that fishery and eggs for human consumption on the data on sea turtles caught as bycatch in bycatch, particularly from the northern east coast of Africa, although not their fishery. Prior to the use of TEDs in Australian prawn fishery, was a factor quantified, is likely a significant threat this fishery, the NPF annually took that contributed to the historic decline to the persistence of this DPS. between 5,000 and 6,000 sea turtles as of this DPS. Although loggerhead C. Disease or Predation bycatch, with a mortality rate of an bycatch has been greatly reduced in the The potential exists for diseases and estimated 40 percent, due to drowning, northern Australian prawn fishery, injuries, or being returned to the water endoparasites to impact loggerheads bycatch that occurs elsewhere in the found in the Southwest Indian Ocean. comatose (Poiner and Harris, 1996). Southeast Indo-Pacific Ocean, although Since the mandatory use of TEDs has Side striped jackals (Canis adustus) and not quantified, is likely a significant honey badgers (Melivora capensis) are been in effect, the annual bycatch of sea threat to the persistence of this DPS. turtles in the NPF has dropped to less known to depredate nests (Baldwin et than 200 sea turtles per year, with a Southwest Indian Ocean DPS al., 2003). In summary, although nest predation mortality rate of approximately 22 A. The Present or Threatened is known to occur, quantitative data are percent (based on recent years). This Destruction, Modification, or not sufficient to assess the degree of lower mortality rate also may be based Curtailment of Its Habitat or Range impact of nest predation on the on better sea turtle handling techniques persistence of this DPS. adopted by the fleet. In general, Terrestrial Zone loggerheads were the third most All nesting beaches within South D. Inadequacy of Existing Regulatory common sea turtle taken in this fishery. Africa are within protected areas Mechanisms Loggerheads also have been the most (Baldwin et al., 2003). In Mozambique, International Instruments common turtle species captured in nesting beaches in the Maputo Special shark control programs in Pacific Reserve (approximately 60 km of The BRT identified several regulatory Australia (Kidston et al., 1992; Limpus, nesting beach) and in the Paradise mechanisms that apply to loggerhead 2009); however, the Western Australian Islands are within protected areas sea turtles globally and within the demersal longline fishery for sharks has (Baldwin et al., 2003; Costa et al., 2007). Southwest Indian Ocean. The reader is no recorded interaction with There are no protected areas for directed to sections 5.1.4. and 5.2.5.4. of loggerheads. From 1998–2002, a total of loggerheads in Madagascar (Baldwin et the Status Review for a discussion of 232 loggerheads were captured, with al., 2003). these regulatory mechanisms. Hykle 195 taken on drum lines and 37 taken (2002) and Tiwari (2002) have reviewed Neritic/Oceanic Zones in nets, both with a low level of direct the effectiveness of some of these mortality (Limpus, 2009). Threats to habitat in the loggerhead international instruments. The problems neritic and oceanic zones in the with existing international treaties are Other Manmade and Natural Impacts Southwest Indian Ocean DPS include often that they have not realized their Other anthropogenic impacts, such as fishing practices, channel dredging, full potential, do not include some key boat strikes and ingestion or sand extraction, marine pollution, and countries, do not specifically address

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00028 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12625

sea turtle conservation, and are Southwest Indian Ocean is very difficult Northwest Atlantic results from coastal handicapped by the lack of a sovereign given the low level of observer coverage development and construction, authority to enforce environmental or investigations into bycatch conducted placement of erosion control structures regulations. The ineffectiveness of by countries that have large fishing and other barriers to nesting, placement international treaties and national fleets. Efforts have been made to of nearshore shoreline stabilization legislation is oftentimes due to the lack quantify the effects of pelagic longline structures, beachfront lighting, of motivation or obligation by countries fishing on loggerheads globally vehicular and pedestrian traffic, beach to implement and enforce them. A (Lewison et al., 2004). While there were erosion, beach sand placement, removal thorough discussion of this topic is no turtle bycatch data available from the of native vegetation, and planting of available in a special 2002 issue of the Southwest Indian Ocean to use in their non-native vegetation (NMFS and Journal of International Wildlife Law assessment, extrapolations that USFWS, 2008). and Policy: International Instruments considered bycatch data for the Pacific Numerous beaches in the and Marine Turtle Conservation (Hykle, and Atlantic basins gave a conservative southeastern United States are eroding 2002). estimate of 6,000 loggerheads captured due to both natural (e.g., storms, sea in the Indian Ocean in the year 2000. level changes, waves, shoreline geology) National Legislation and Protection The effect of the longline fishery on and anthropogenic (e.g., construction of Fishery bycatch that occurs loggerheads in the Indian Ocean is armoring structures, groins, and jetties; throughout the Southwest Indian Ocean, largely unknown (Lewison et al., 2004). coastal development; inlet dredging) although not quantified, is likely factors. Such shoreline erosion leads to Other Manmade and Natural Impacts substantial (see Factor E). This mortality a loss of nesting habitat for sea turtles. is likely to continue and may increase Other anthropogenic impacts, such as In the southeastern United States, with expected additional fishing effort boat strikes and ingestion or numerous erosion control structures from commercial and artisanal fisheries. entanglement in marine debris, likely (e.g., bulkheads, seawalls, soil retaining Reduction of mortality would be apply to loggerheads in the Southwest walls, rock revetments, sandbags, difficult due to a lack of comprehensive Indian Ocean. Similar to other areas of geotextile tubes) that create barriers to information on fishing distribution and the world, climate change and sea level nesting have been constructed. The effort, limitations on implementing rise have the potential to impact proportion of coastline that is armored demonstrated effective conservation loggerheads in the Southwest Indian is approximately 18 percent (239 km) in measures, geopolitical complexities, Ocean. This includes beach erosion and Florida (Clark, 1992; Schroeder and limitations on enforcement capacity, loss from rising sea levels, skewed Mosier, 2000; Witherington et al., 2006), and lack of availability of hatchling sex ratios from rising beach 9 percent (14 km) in Georgia (M. Dodd, comprehensive bycatch reduction incubation temperatures, and abrupt GDNR, personal communication, 2009), technologies. disruption of ocean currents used for 12 percent (29 km) in South Carolina (D. In summary, our review of regulatory natural dispersal during the complex Griffin, SCDNR, personal mechanisms under Factor D life cycle. Climate change impacts could communication, 2009), and 3 percent (9 demonstrates that although regulatory have profound long-term impacts on km) in North Carolina (M. Godfrey, mechanisms are in place that should nesting populations in the Southwest North Carolina Wildlife Resources address direct and incidental take of Indian Ocean, but it is not possible to Commission, 2009). These estimates of Southwest Indian Ocean loggerheads, quantify the potential impacts at this armoring extent do not include these regulatory mechanisms are point in time. structures that are also barriers to sea insufficient or are not being Natural environmental events, such as turtle nesting but do not fit the definition of armoring, such as dune implemented effectively to address the cyclones, tsunamis and hurricanes, may crossovers, cabanas, sand fences, and needs of loggerheads. We find that the affect loggerheads in the Southwest recreational equipment. Jetties have threat from the inadequacy of existing Indian Ocean. In general, however, been placed at many ocean inlets along regulatory mechanisms for fishery severe storm events are episodic and, the U.S. Atlantic coast to keep bycatch (Factor E) is significant relative although they may affect loggerhead transported sand from closing the inlet to the persistence of this DPS. hatchling production, the results are generally localized and they rarely channel. Witherington et al. (2005) E. Other Natural or Manmade Factors result in whole-scale losses over found a significant negative relationship Affecting Its Continued Existence multiple nesting seasons. between loggerhead nesting density and Incidental Bycatch in Fishing Gear In summary, we find that the distance from the nearest of 17 ocean Southwest Indian Ocean DPS of the inlets on the Atlantic coast of Florida. The full extent of the threat of loggerhead sea turtle is negatively The effect of inlets in lowering nesting incidental capture of sea turtles in affected by both natural and manmade density was observed both updrift and artisanal and commercial fisheries in impacts as described above in Factor E. downdrift of the inlets, leading the Southwest Indian Ocean is Within Factor E, we find that fishery researchers to propose that beach unknown. Sea turtles are caught in bycatch that occurs throughout the instability from both erosion and demersal and pelagic longlines, trawls, Southwest Indian Ocean, although not accretion may discourage loggerhead gillnets, and seines (Petersen, 2005; quantified, is likely a significant threat nesting. Louro et al., 2006; Petersen et al., 2007, to the persistence of this DPS. Stormwater and other water source 2009; Costa et al., 2007; Fennessy and runoff from coastal development, Isaksen, 2007). There is evidence of Northwest Atlantic Ocean DPS including beachfront parking lots, significant historic bycatch from prawn A. The Present or Threatened building rooftops, roads, decks, and fisheries, which may have depleted Destruction, Modification, or draining swimming pools adjacent to nesting populations long before nesting Curtailment of Its Habitat or Range the beach, is frequently discharged surveys were initiated in the 1990s directly onto Northwest Atlantic (Baldwin et al., 2003). Terrestrial Zone beaches and dunes either by sheet flow, Quantifying the magnitude of the Destruction and modification of through stormwater collection system threat of fisheries on loggerheads in the loggerhead nesting habitat in the outfalls, or through small diameter

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00029 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12626 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

pipes. These outfalls create localized On natural undeveloped beaches, the not allowed or is limited to agency erosion channels, prevent natural dune brightest direction is commonly away personnel, land owners, and/or establishment, and wash out sea turtle from elevated shapes (e.g., dune, researchers). Beach driving has been nests (Florida Fish and Wildlife vegetation, etc.) and their silhouettes found to reduce the quality of Conservation Commission, unpublished and toward the broad open horizon of loggerhead nesting habitat in several data). Contaminants contained in the sea. On developed beaches, the ways. In the southeastern U.S., vehicle stormwater, such as oils, grease, brightest direction is often away from ruts on the beach have been found to antifreeze, gasoline, metals, pesticides, the ocean and toward lighted structures. prevent or impede hatchlings from chlorine, and nutrients, are also Hatchlings unable to find the ocean, or reaching the ocean following emergence discharged onto the beach and have the delayed in reaching it, are likely to from the nest (Mann, 1977; Hosier et al., potential to affect sea turtle nests and incur high mortality from dehydration, 1981; Cox et al., 1994; Hughes and emergent hatchlings. The effects of these exhaustion, or predation (Carr and Caine, 1994). Sand compaction by contaminants on loggerheads are not yet Ogren, 1960; Ehrhart and Witherington, vehicles has been found to hinder nest understood. As a result of natural and 1987; Witherington and Martin, 1996). construction and hatchling emergence anthropogenic factors, beach Hatchlings lured into lighted parking from nests (Mann, 1977). Vehicle lights nourishment is a frequent activity, and lots or toward streetlights are often and vehicle movement on the beach many beaches are on a periodic crushed by passing vehicles (McFarlane, after dark results in reduced habitat nourishment schedule. On severely 1963; Philibosian, 1976; Peters and suitability, which can deter females eroded sections of beach, where little or Verhoeven, 1994; Witherington and from nesting and disorient hatchlings. no suitable nesting habitat previously Martin, 1996). Uncommonly intense Additionally, vehicle traffic on nesting existed, beach nourishment has been artificial lighting can even draw beaches contributes to erosion, found to result in increased nesting hatchlings back out of the surf (Daniel especially during high tides or on (Ernest and Martin, 1999). However, on and Smith, 1947; Carr and Ogren, 1960; narrow beaches where driving is most beaches in the southeastern United Ehrhart and Witherington, 1987). concentrated on the high beach and States, nesting success typically Reports of hatchling disorientation foredune. declines for the first year or two events in Florida alone describe several Neritic/Oceanic Zones following construction, even though hundred nests each year and are likely more nesting habitat is available for to involve tens of thousands of Threats to habitat in the loggerhead turtles (Trindell et al., 1998; Ernest and hatchlings (Nelson et al., 2002); neritic and oceanic zones in the Martin, 1999; Herren, 1999). however, this number calculated is Northwest Atlantic Ocean include Coastal development also contributes likely a vast underestimate. fishing practices, channel dredging, to habitat degradation by increasing Independent of these reports, sand extraction, oil exploration and light pollution. Both nesting and Witherington et al. (1996) surveyed development, marine pollution, and hatchling sea turtles are adversely hatchling orientation at nests located at climate change. Fishing methods not affected by the presence of artificial 23 representative beaches in six only incidentally capture loggerheads, lighting on or near the beach counties around Florida in 1993 and but also deplete invertebrate and fish (Witherington and Martin, 1996). 1994 and found that, by county, populations and thus alter ecosystem Experimental studies have shown that approximately 10 to 30 percent of nests dynamics. Although anthropogenic artificial lighting deters adult female showed evidence of hatchlings disruptions of natural ecological turtles from emerging from the ocean to disoriented by lighting. From this interactions have been difficult to nest (Witherington, 1992). Witherington survey and from measures of hatchling discern, a few studies have been focused (1986) also noted that loggerheads production (Florida Fish and Wildlife on the effects of these disruptions on aborted nesting attempts at a greater Conservation Commission, unpublished loggerheads. For instance, Youngkin frequency in lighted areas. Because data), the number of hatchlings (2001) analyzed gut contents from adult females rely on visual brightness disoriented by lighting in Florida is hundreds of loggerheads stranded in cues to find their way back to the ocean calculated in the range of hundreds of Georgia over a 20-year period. His after nesting, those turtles that nest on thousands per year. findings point to the probability of lighted beaches may become disoriented In the United States, vehicular driving major effects on loggerhead diet from (unable to maintain constant directional is allowed on certain beaches in activities such as shrimp trawling and movement) or misoriented (able to northeast Florida (Nassau, Duval, St. dredging. Lutcavage and Musick (1985) maintain constant directional movement Johns, and Volusia Counties), northwest found that horseshoe crabs strongly but in the wrong direction) by artificial Florida (Walton and Gulf Counties), dominated the diet of loggerheads in lighting and have difficulty finding their Georgia (Cumberland, Little Chesapeake Bay in 1980–1981. way back to the ocean. In some cases, Cumberland, and Sapelo Islands), North Subsequently, fishermen began to misdirected nesting females have Carolina (Fort Fisher State Recreation harvest horseshoe crabs, primarily for crawled onto coastal highways and have Area, Carolina Beach, Freeman Park, use as bait in the eel and whelk pot been struck and killed by vehicles Onslow Beach, Emerald Isle, Indian fisheries, using several gear types. (FFWCC, unpublished data). Beach/Salter Path, Pine Knoll Shores, Atlantic coast horseshoe crab landings Hatchlings exhibit a robust sea- Atlantic Beach, Cape Lookout National increased by an order of magnitude (0.5 finding behavior guided by visual cues Seashore, Cape Hatteras National to 6.0 million pounds) between 1980 (Witherington and Bjorndal 1991; Seashore, Nag’s Head, Kill Devil Hills, and 1997, and in 1998 the Atlantic Salmon et al., 1992; Lohmann et al., Town of Duck, and Currituck Banks), States Marine Fisheries Commission 1997; Witherington and Martin, 1996; Virginia (Chincoteague NWR and implemented a horseshoe crab fishery Lohmann and Lohmann, 2003); direct Wallops Island), and Texas (the majority management plan to curtail catches and timely migration from the nest to of beaches except for a highly developed (Atlantic States Marine Fisheries sea is critical to their survival. section of South Padre Island and Padre Commission, 1998). The decline in Hatchlings have a tendency to orient Island National Seashore, San Jose horseshoe crab availability has toward the brightest direction as Island, Matagorda Island, and apparently caused a diet shift in integrated over a broad horizontal area. Matagorda Peninsula where driving is juvenile loggerheads, from

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00030 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12627

predominantly horseshoe crabs in the B. Overutilization for Commercial, with the disease are still unknown. early to mid-1980s to blue crabs in the Recreational, Scientific, or Educational Heavy infestations of endoparasites may late 1980s and early 1990s, to mostly Purposes cause or contribute to debilitation or finfish in the late 1990s and early 2000s Deliberate hunting of loggerheads for mortality in loggerhead turtles. (Seney, 2003; Seney and Musick, 2007). their meat, shells, and eggs is reduced Trematode eggs and adult trematodes These data suggest that turtles are from previous exploitation levels, but were recorded in a variety of tissues foraging in greater numbers in or around still exists. In the Caribbean, 12 of 29 including the spinal cord and brain of fishing gears and on discarded bycatch (41 percent) countries/territories allow debilitated loggerheads during an (Seney, 2003). the harvest of loggerheads (NMFS and epizootic in South Florida, USA, during late 2000 and early 2001. These USFWS, 2008; see Appendix 3; A. Periodic dredging of sediments from endoparasites were implicated as a Bolten, University of Florida, personal navigational channels is carried out at possible cause of the epizootic (Jacobson communication, 2009); this takes into large ports to provide for the passage of et al., 2006). Although many health account the September 2009 ban on the large commercial and military vessels. problems have been described in wild harvest of sea turtles in The Bahamas. In addition, sand mining (dredging) for populations through the necropsy of Loggerhead harvest in the Caribbean is beach renourishment and construction stranded turtles, the significance of generally restricted to the non-nesting projects occurs in the Northwest diseases on the ecology of wild season with the exception of St. Kitts loggerhead populations is not known Atlantic along the U.S., Mexico, Central and Nevis, where turtle harvest is American, Colombia, and Venezuela (Herbst and Jacobson, 1995). allowed annually from March 1 through Predation of eggs and hatchlings by coasts. Although directed studies have September 30, and the Turks and Caicos not been conducted, dredging activities, native and introduced species occurs on Islands, where turtle harvest is allowed almost all nesting beaches throughout which occur regularly in the Northwest year-round. Most countries/territories Atlantic, have the potential to destroy or the Northwest Atlantic. The most that allow harvest have regulations that common predators at the primary degrade benthic habitats used by favor the harvest of large juvenile and nesting beaches in the southeastern loggerheads. Channelization of inshore adult turtles, the most reproductively United States are ghost crabs (Ocypode and nearshore habitat and the valuable members of the population. quadrata), raccoons (Procyon lotor), subsequent disposal of dredged material Exceptions include the Cayman Islands, feral hogs (Sus scrofa), foxes (Urocyon in the marine environment can destroy which mandates maximum size limits, cinereoargenteus and Vulpes vulpes), or disrupt resting or foraging grounds and Haiti and Trinidad and Tobago, coyotes (Canis latrans), armadillos (including grass beds and coral reefs) which have no size restrictions. All (Dasypus novemcinctus), and red fire and may affect nesting distribution by North, Central, and South American ants (Solenopsis invicta) (Stancyk, 1982; altering physical features in the marine countries in the Northwest Atlantic Dodd, 1988). In the absence of well environment (Hopkins and Murphy, have enacted laws that mandate managed nest protection programs, 1980). Oil exploration and development complete protection of loggerheads from predators may take significant numbers on live bottom areas may disrupt harvest in their territorial waters with of eggs; however, nest protection foraging grounds by smothering benthic the exception of Guyana. Despite programs are in place at most of the organisms with sediments and drilling national laws, in many countries the major nesting beaches in the Northwest muds (Coston-Clements and Hoss, poaching of eggs and hunting of adult Atlantic. 1983). The effects of benthic habitat and juvenile turtles still occurs at Non-native vegetation has invaded alteration on loggerhead prey varying levels (NMFS and USFWS, many coastal areas and often 2008; see Appendix 3). abundance and distribution, and the outcompetes native plant species. Exotic In summary, harvest of loggerheads in effects of these potential changes on vegetation may form impenetrable root the Caribbean for human consumption mats that can invade and desiccate eggs, loggerhead populations, have not been has been and continues to be a as well as trap hatchlings. The determined but are of concern. Climate significant threat to the persistence of Australian pine (Casuarina change also may result in trophic this DPS. equisetifolia) is particularly harmful to changes, thus impacting loggerhead C. Disease or Predation sea turtles. Dense stands have taken prey abundance and/or distribution. over many coastal areas throughout In summary, we find that the The potential exists for diseases and central and south Florida. Australian Northwest Atlantic Ocean DPS of the endoparasites to impact loggerheads pines cause excessive shading of the loggerhead sea turtle is negatively found in the Northwest Atlantic. Viral beach that would not otherwise occur. affected by ongoing changes in both its diseases have not been documented in Studies in Florida suggest that nests laid terrestrial and marine habitats as a free-ranging loggerheads, with the in shaded areas are subjected to lower result of land and water use practices as possible exception of sea turtle incubation temperatures, which may considered above in Factor A. Within fibropapillomatosis, which may have a alter the natural hatchling sex ratio viral etiology (Herbst and Jacobson, Factor A, we find that coastal (Marcus and Maley, 1987; Schmelz and 1995; George, 1997). Although development, beachfront lighting, and Mezich, 1988; Hanson et al., 1998). fibropapillomatosis reaches epidemic Fallen Australian pines limit access to coastal armoring and other erosion proportions in some wild green turtle suitable nest sites and can entrap control structures on nesting beaches in populations, the prevalence of this nesting females (Austin, 1978; Reardon the United States are significant threats disease in most loggerhead populations and Mansfield, 1997). The shallow root to the persistence of this DPS. We also is thought to be small. An exception is network of these pines can interfere find that anthropogenic disruptions of Florida Bay where approximately 9.5 with nest construction (Schmelz and natural ecological interactions as a percent of the loggerheads captured Mezich, 1988). Davis and Whiting result of fishing practices, channel exhibit fibropapilloma-like external (1977) reported that nesting activity dredging, and oil exploration and lesions (B. Schroeder, NMFS, personal declined in Everglades National Park development are likely a significant communication, 2006). Mortality levels where dense stands of Australian pine threat to the persistence of this DPS. and population-level effects associated took over native dune vegetation on a

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00031 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12628 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

remote nesting beach. Beach vitex (Vitex D. Inadequacy of Existing Regulatory Northwest Atlantic is a significant threat rotundifolia) is native to countries in the Mechanisms facing the species in this region. A western Pacific and was introduced to International Instruments variety of fishing gears that incidentally the horticulture trade in the capture loggerhead turtles are employed The BRT identified several regulatory southeastern United States in the mid- including gillnets, trawls, hook and line, mechanisms that apply to loggerhead 1980s and is often sold as a ‘‘dune longlines, seines, dredges, pound nets, sea turtles globally and within the ’’ and various types of pots/traps. Among stabilizer. Its presence on North Northwest Atlantic Ocean (Conant et al., Carolina and South Carolina beaches these, gillnets, longlines, and trawl gear 2009). Hykle (2002) and Tiwari (2002) contribute to the vast majority of has a negative effect on sea turtle have reviewed the effectiveness of some nesting as its dense mats interfere with bycatch mortality of loggerheads of these international instruments. The annually throughout their range in the sea turtle nesting and hatchling problems with existing international emergence from nests (Brabson, 2006). Atlantic Ocean and Gulf of Mexico treaties are often that they have not (Epperly et al., 1995; NMFS, 2002, 2004, This exotic plant is crowding out the realized their full potential, do not 2007, 2008; Lewison et al., 2003, 2004; native species, such as sea oats and include some key countries, do not Richards, 2007; NMFS, unpublished bitter panicum, and can colonize large specifically address sea turtle data). Considerable effort has been areas in just a few years. Sisal, or conservation, and are handicapped by expended since the 1980s to document century plant (Agave americana), is the lack of a sovereign authority to and address fishery bycatch, especially native to arid regions of Mexico. The enforce environmental regulations. in the United States and Mexico. plant was widely grown in sandy soils National Legislation and Protection Observer programs have been around Florida in order to provide fiber implemented in some fisheries to collect for cordage. It has escaped cultivation in Fishery bycatch that occurs throughout the North Atlantic Ocean is turtle bycatch data, and efforts to reduce Florida and has been purposely planted substantial (see Factor E). Although bycatch and mortality of loggerheads in on dunes. Although the effects of sisal national and international governmental certain fishing operations have been on sea turtle nesting are uncertain, and non-governmental entities on both undertaken and implemented or thickets with impenetrable sharp spines sides of the North Atlantic are currently partially implemented. These efforts are occasionally found on developed working toward reducing loggerhead include developing gear solutions to beaches. bycatch, and some positive actions have prevent or reduce captures or to allow Harmful algal blooms, such as a red been implemented, it is unlikely that turtles to escape without harm (e.g., tide, also affect loggerheads in the this source of mortality can be TEDs, circle hooks and bait Northwest Atlantic. In Florida, the sufficiently reduced across the range of combinations), implementing time and area closures to prevent interactions species that causes most red tides is the DPS in the near future because of from occurring (e.g., prohibitions on Karenia brevis, a dinoflagellate that the diversity and magnitude of the gillnet fishing along the mid-Atlantic produces a toxin (Florida Marine fisheries operating in the North Atlantic, the lack of comprehensive information coast during the critical time of Research Institute, 2003) and can cause northward migration of loggerheads), mortality in birds, marine mammals, on fishing distribution and effort, limitations on implementing implementation of careful release and sea turtles. During four red tide demonstrated effective conservation protocols (e.g., requirements for careful events along the west coast of Florida, measures, geopolitical complexities, release of turtles captured in longline sea turtle stranding trends indicated that limitations on enforcement capacity, fisheries), prohibitions of gillnetting in these events were acting as a mortality and lack of availability of some U.S. State waters), and/or factor (Redlow et al., 2003). comprehensive bycatch reduction modifying gear (e.g., requirements to Furthermore, brevetoxin concentrations technologies. reduce mesh size in the leaders of supportive of intoxication were detected In summary, our review of regulatory pound nets in certain U.S. coastal in biological samples from dead and mechanisms under Factor D waters to prevent entanglement). moribund sea turtles during a mortality demonstrates that although regulatory The primary bycatch reduction focus event in 2005 and in subsequent events mechanisms are in place that should in the Northwest Atlantic, since the (Fauquier et al., 2007). The population address direct and incidental take of 1978 ESA listing of the loggerhead, has level effects of these events are not yet Northwest Atlantic Ocean loggerheads, been on bycatch reduction in shrimp known. these regulatory mechanisms are trawls. The United States has required insufficient or are not being In summary, nest and hatchling the use of turtle excluder devices (TEDs) implemented effectively to address the predation likely was a factor that throughout the year since the mid- needs of loggerheads. We find that the contributed to the historic decline of 1990s, with modifications required and threat from the inadequacy of existing implemented as necessary (52 FR 24244; this DPS. Although current predation regulatory mechanisms for fishery levels in the United States are greatly June 29, 1987; 57 FR 57348; December bycatch (Factor E) and coastal 4, 1992). Most notably, in 2003, NMFS reduced from historic levels, predation development, beachfront lighting, and implemented new requirements for still occurs in the United States, as well coastal armoring and other erosion TEDs in the shrimp trawl fishery to as in Mexico, and can be significant in control structures on nesting beaches in ensure that large loggerheads could the absence of well managed protection the United States (Factor A) is escape through TED openings (68 FR efforts. Although diseases and parasites significant relative to the persistence of 8456; February 21, 2003). Significant are known to impact loggerheads in this this DPS. effort has been expended to transfer this DPS, the significance of these threats is E. Other Natural or Manmade Factors technology to other shrimping fleets in not known. Overall, however, predation Affecting Its Continued Existence the Northwest Atlantic; however, not all and disease are believed to be a nations where loggerheads occur require significant threat to the persistence of Incidental Bycatch in Fishing Gear the device be used. Enforcement of TED this DPS. Bycatch of loggerheads in commercial regulations is difficult and compliance and recreational fisheries in the is not believed to be complete. Because

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00032 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12629

TEDs are not 100 percent effective, a Bolten et al., 1994, 2000; Aguilar et al., was 350 turtles (CV= 0.20., 95 percent significant number of loggerheads are 1995; Laurent et al., 1998; Long and confidence intervals over the 12-year estimated to still be killed annually in Schroeder, 2004; Watson et al., 2005). period: 234 to 504) (Murray, 2009). In shrimp trawls throughout the Northwest Large-scale commercial longline the United States, some States (e.g., Atlantic. In the U.S. Southeast food fisheries operate throughout the pelagic South Carolina, Georgia, Florida, shrimp trawl fishery, NMFS estimated range of the Northwest Atlantic Louisiana, and Texas) have prohibited the annual mortality of loggerheads in loggerhead, including the western gillnets in their waters, but there remain the Gulf of Mexico and southeastern Mediterranean. The largest size classes active gillnet fisheries in other U.S. U.S. Atlantic Ocean as 3,948 individuals in the oceanic stage are the size classes States, in U.S. Federal waters, Mexico (95 percent confidence intervals, 1,221– impacted by the swordfish longline waters, Central and South America 8,498) (NMFS, 2002). Shrimping effort fishery in the Azores (Bolten, 2003) and waters, and the Northeast Atlantic. in the southeastern United States has on the Grand Banks off Newfoundland Pound nets are fixed gear composed reportedly declined; a revised estimate (Watson et al., 2005), and this is likely of a series of poles driven into the of annual loggerhead mortality for the the case for other nation’s fleets bottom upon which netting is Gulf of Mexico segment of the Southeast operating in the region, including but suspended. Pound nets basically operate food shrimp trawl fishery is 647 not limited to, the European Union, like a trap with the pound constructed individuals (NMFS, unpublished data). United States, Japan, and Taiwan. The of a series of funnels leading to a bag Other trawl fisheries operating in demographic consequences relative to that is open at the top, and a long leader Northwest Atlantic waters that are population recovery of the increased of netting that extends from shallow to known to capture sea turtles include, mortality of these size classes have been deeper water where the pound is but are not limited to, summer flounder, discussed (Crouse et al., 1987; see also located. In some configurations, the calico scallop, sea scallop, blue crab, Heppell et al., 2003 and Chaloupka, leader is suspended from the surface by whelk, cannonball jellyfish, horseshoe 2003). Estimates derived from data a series of stringers or vertical lines. Sea crab, and mid-Atlantic directed finfish recorded by the international observer turtles incidentally captured in the open trawl fisheries and the Sargassum program (IOP) suggest that thousands of top pound, which is composed of small fishery. In the United States, the mostly juvenile loggerheads have been mesh webbing, are usually safe from summer flounder fishery is the only captured in the Canadian pelagic injury and may be released easily when trawl fishery (other than the shrimp longline fishery in the western North the fishermen pull the nets (Mansfield fishery) with Federally mandated TED Atlantic since 1999 (Brazner and et al., 2002). However, sea turtle use (in certain areas). Loggerhead McMillan, 2008). NMFS (2004) mortalities have been documented in annual bycatch estimates in 2004 and estimates that 635 loggerheads (143 the leader of certain pound nets. Large 2005 in U.S. mid-Atlantic scallop trawl lethal) will be taken annually in the U.S. mesh leaders (greater than 12-inch gear ranged from 81 to 191 turtles, pelagic longline fishery. stretched mesh) may act as a gillnet, depending on the estimation Incidental capture of neritic-stage entangling sea turtles by the head or methodology used (Murray, 2007). loggerheads in demersal longline fishing foreflippers (Bellmund et al., 1987) or Estimated average annual bycatch of gear has also been documented. may act as a barrier against which loggerheads in other mid-Atlantic Richards (2007) estimated total annual turtles may be impinged (NMFS, Federally managed bottom otter trawl bycatch of loggerheads in the Southeast unpublished data). Nets with small fisheries during 1996–2004 was 616 U.S. Atlantic and U.S. Gulf of Mexico mesh leaders (less than 8 inches turtles (Murray, 2006). The harvest of commercial directed shark bottom stretched mesh) usually do not present Sargassum by trawlers can result in longline fishery from 2003–2005 as a mortality threat to loggerheads, but incidental capture of post-hatchlings follows: 2003: 302–1,620 (CV 0.45); some mortalities have been reported and habitat destruction (Schwartz, 1988; 2004: 95–591 (CV 0.49); and 2005: 139– (Morreale and Standora, 1998; Epperly Witherington, 2002); however, this 778 (CV 0.46). NMFS (2009) estimated et al., 2000, 2007; Mansfield et al., fishery is not currently active. the total number of captures of 2002). In 2002, the United States Dredge fishing gear is the hardshell turtles in the U.S. Gulf of prohibited, in certain areas within the predominant gear used to harvest sea Mexico reef fish fishery (demersal Chesapeake Bay and at certain times, scallops off the mid- and northeastern longline fishery) from July 2006– pound net leaders having mesh greater United States Atlantic coast. Turtles can December 2008 as 861 turtles (95 than or equal to 12 inches and leaders be struck and injured or killed by the percent confidence intervals, 383–1934). with stringers (67 FR 41196; June 17, dredge frame and/or captured in the bag These estimates are not comprehensive 2002). Subsequent regulations have where they may drown or be further across this gear type (i.e., pelagic and further restricted the use of certain injured or killed when the catch and demersal longline) throughout the pound net leaders in certain geographic heavy gear are dumped on the vessel Northwest Atlantic Ocean. areas and established pound net leader deck. Total estimated bycatch of Cumulatively, the bycatch and mortality gear modifications (69 FR 24997; May 5, loggerhead turtles in the U.S. sea scallop of Northwest Atlantic loggerheads in 2004; 71 FR 36024; June 23, 2006). dredge fishery operating in the mid- longline fisheries is significant. Pots/traps are commonly used to Atlantic region (New York to North Gillnet fisheries may be the most target crabs, lobsters, whelk, and reef Carolina) from June through November ubiquitous of fisheries operating in the fishes. These traps vary in size and is on the order of several hundred neritic range of the Northwest Atlantic configuration, but all are attached to a turtles per year (Murray, 2004, 2005, loggerhead. Comprehensive estimates of surface float by means of a vertical line 2007). The impact of the sea scallop bycatch in gillnet fisheries do not yet leading to the trap. Entanglement and dredge fishery on loggerheads in U.S. exist and, while this precludes a mortality of loggerheads has been waters of the Northwest Atlantic quantitative analysis of their impacts on documented in various pot/trap remains a serious concern. loggerhead populations, the cumulative fisheries in the U.S. Atlantic and Gulf of Incidental take of oceanic-stage mortality of loggerheads in gillnet Mexico. Data from the U.S. Sea Turtle loggerheads in pelagic longline fisheries fisheries is likely high. In the U.S. mid- Stranding and Salvage Network indicate has recently received significant Atlantic, the average annual estimated that 82 loggerheads (dead and rescued attention (Balazs and Pooley, 1994; bycatch of loggerheads from 1995–2006 alive) were documented by the

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00033 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12630 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

stranding network in various pot/trap Louisiana). There are currently no active than doubled (average of 308 per year), gear from 1996–2005, of these leases off the Atlantic coast. while mortality rates decreased to 0.3 approximately 30–40 percent were Oil spills also threaten loggerheads in percent per year (FPL and Quantum adults and the remainder juvenile the Northwest Atlantic. Two oil spills Resources, Inc., 2005). turtles (NMFS, unpublished data). that occurred near loggerhead nesting Although not a major source of Without intervention it is likely that the beaches in Florida were observed to mortality, cold stunning of loggerheads majority of the live, entangled turtles affect eggs, hatchlings, and nesting has been reported at several locations in would die. Additionally, documented females. Approximately 350,000 gallons the United States, including Cape Cod strandings represent only a portion of of fuel oil spilled in Tampa Bay in Bay, Massachusetts (Still et al., 2002); total interactions and mortality. August 1993 and was carried onto Long Island Sound, New York (Meylan Recently, a small number of loggerhead nesting beaches in Pinellas County. and Sadove, 1986; Morreale et al., entanglements also have been recorded Observed mortalities included 31 1992); the Indian River system, Florida in whelk pot bridles in the U.S. Mid- hatchlings and 176 oil-covered nests; an (Mendonca and Ehrhart, 1982; Atlantic (M. Fagan, Virginia Institute of additional 2,177 eggs and hatchlings Witherington and Ehrhart, 1989); and Marine Science, personal were either exposed to oil or disturbed Texas inshore waters (Hildebrand, 1982; communication, 2008). However, no by response activities (Florida Shaver, 1990). Cold stunning is a dedicated observer programs exist to Department of Environmental Protection phenomenon during which turtles provide estimates of take and mortality et al., 1997). Another spill near the become incapacitated as a result of from pot/trap fisheries; therefore, beaches of Broward County in August rapidly dropping water temperatures comprehensive estimates of loggerhead 2000 involved approximately 15,000 (Witherington and Ehrhart, 1989; interactions with pot/trap gear are not gallons of oil and tar (National Oceanic Morreale et al., 1992). As temperatures available, but the gear is widely used and Atmospheric Administration and fall below 8–10° C, turtles may lose their throughout the range of the DPS, and Florida Department of Environmental ability to swim and dive, often floating poses a continuing threat. Protection, 2002). Models estimated that to the surface. The rate of cooling that approximately 1,500 to 2,000 hatchlings precipitates cold stunning appears to be Other Manmade and Natural Impacts and 0 to 1 adults were injured or killed. the primary threat, rather than the water Propeller and collision injuries from Annually about 1 percent of all sea temperature itself (Milton and Lutz, boats and ships are becoming more turtle strandings along the U.S. east 2003). Sea turtles that overwinter in common in sea turtles. In the U.S. coast have been associated with oil, but inshore waters are most susceptible to Atlantic, from 1997 to 2005, 14.9 higher rates of 3 to 6 percent have been cold stunning, because temperature percent of all stranded loggerheads were observed in South Florida and Texas changes are most rapid in shallow water documented as having sustained some (Teas, 1994; Rabalais and Rabalais, (Witherington and Ehrhart, 1989). type of propeller or collision injuries 1980; Plotkin and Amos, 1990). Another natural factor that has the (NMFS, unpublished data). The In addition to the destruction or potential to affect recovery of incidence of propeller wounds observed degradation of habitat, periodic loggerhead turtles is aperiodic in sea turtles stranded in the United dredging of sediments from navigational hurricanes. In general, these events are States has risen from approximately 10 channels can also result in incidental episodic and, although they may affect percent in the late 1980s to a record mortality of sea turtles. Direct injury or loggerhead hatchling production, the high of 20.5 percent in 2004 (NMFS, mortality of loggerheads by dredges has results are generally localized and they unpublished data). In the United States, been well documented in the rarely result in whole-scale losses over propeller wounds are greatest in southeastern and mid-Atlantic United multiple nesting seasons. The negative Southeast Florida; during some years, as States (National Research Council, effects of hurricanes on low-lying and/ many as 60 percent of the loggerhead 1990). Solutions, including modification or developed shorelines may be longer- strandings found in these areas had of dredges and time/area closures, have lasting and a greater threat overall. propeller wounds (Florida Fish and been successfully implemented to Similar to other areas of the world, Wildlife Conservation Commission, reduce mortalities and injuries in the climate change and sea level rise have unpublished data). As the number of United States (NMFS, 1991, 1995, 1997; the potential to impact loggerheads in vessels increases, in concert with Nelson and Shafer, 1996). the Northwest Atlantic. This includes increased coastal development, The entrainment and entrapment of beach erosion and loss from rising sea especially in nearshore waters, propeller loggerheads in saltwater cooling intake levels, repeated inundation of nests, and vessel collision injuries are also systems of coastal power plants has skewed hatchling sex ratios from rising expected to rise. been documented in New Jersey, North beach incubation temperatures, and Several activities associated with Carolina, Florida, and Texas (Eggers, abrupt disruption of ocean currents offshore oil and gas production, 1989; National Research Council, 1990; used for natural dispersal during the including oil spills, water quality Carolina Power and Light Company, complex life cycle. (operational discharge), seismic surveys, 2003; FPL and Quantum Resources, Inc., In summary, we find that the explosive platform removal, platform 2005; Progress Energy Florida, Inc., Northwest Atlantic Ocean DPS of the lighting, and noise from drillships and 2003). Average annual incidental loggerhead sea turtle is negatively production activities, are known to capture rates for most coastal plants affected by both natural and manmade impact loggerheads (National Research from which captures have been reported impacts as described above in Factor E. Council, 1996; Minerals Management amount to several turtles per plant per Within Factor E, we find that fishery Service, 2000; Gregg Gitschlag, NMFS, year. One notable exception is the St. bycatch that occurs throughout the personal communication, 2007; Viada et Lucie Nuclear Power Plant located on North Atlantic Ocean, particularly al., 2008). Currently, there are 3,443 Hutchinson Island, Florida. During the bycatch mortality of loggerheads from Federally regulated offshore platforms first 15 years of operation (1977–1991), gillnet, longline, and trawl fisheries in the Gulf of Mexico dedicated to an average of 128 loggerheads per year throughout their range in the Atlantic natural gas and oil production. was captured in the intake canal with a Ocean and Gulf of Mexico, is a Additional State-regulated platforms are mortality rate of 6.4 percent. During significant threat to the persistence of located in State waters (Texas and 1991–2005, loggerhead captures more this DPS. In addition, boat strikes are

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00034 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12631

becoming more common and are likely human pressure on the environment in Although illegal, trawling also occurs in also a significant threat to the the region. Turtles, including the Cape Verde Islands (Lopez-Jurado et persistence of this DPS. loggerheads, usually are included in al., 2003). The use of destructive fishing ecosystem models of the region (see practices, such as explosives and toxic Northeast Atlantic Ocean DPS Palomares and Pauly, 2004). In the chemicals, has been reported in the A. The Present or Threatened Canary Current Large Marine Ecosystem Canary Current area, causing serious Destruction, Modification, or (LME), the area is characterized by the damage to both the resources and the Curtailment of its Habitat or Range Global International Waters Assessment habitat (Tayaa et al., 2005). In summary, we find that the Terrestrial Zone as severely impacted in the area of modification or loss of ecosystems or Northeast Atlantic Ocean DPS of the Destruction and modification of ecotones and health impacts, but these loggerhead sea turtle is negatively loggerhead nesting habitat in the impacts are decreasing (http:// affected by ongoing changes in both its Northeast Atlantic result from coastal www.lme.noaa.gov). The Celtic-Biscay terrestrial and marine habitats as a development and construction, Shelf LME is affected by alterations to result of land and water use practices as placement of erosion control structures the seabed, agriculture, and sewage considered above in Factor A. Within and other barriers to nesting, beachfront (Valde´s and Lavin, 2002). The Gulf of Factor A, we find that sand extraction lighting, vehicular and pedestrian Guinea has been characterized as and beachfront lighting on nesting traffic, sand extraction, beach erosion, severely impacted in the area of solid beaches are significant threats to the and beach pollution (Formia et al., wastes by the Global International persistence of this DPS. We also find 2003; Loureiro, 2008). Waters Assessment; this and other that anthropogenic disruptions of In the Northeast Atlantic, the only pollution indicators are increasing natural ecological interactions as a loggerhead nesting of note occurs in the (http://www.lme.noaa.gov). Marine result of fishing practices and marine Cape Verde Islands. The Cape Verde pollution, such as oil and debris, has pollution are likely a significant threat government’s plans to develop Boa Vista been shown to negatively impact to the persistence of this DPS. Island, the location of the main nesting loggerheads and represent a degradation B. Overutilization for Commercial, beaches, could increase the terrestrial of the habitat (Oro´s et al., 2005, 2009; threats to loggerheads (van Bogaert, Recreational, Scientific, or Educational Calabuig Miranda and Liria Loza, 2007). Purposes 2006). Sand extraction on Santiago Climate change also may result in future Island, Cape Verde, may be responsible trophic changes, thus impacting Deliberate hunting of loggerheads for for the apparent decrease in nesting loggerhead prey abundance and/or their meat, shells, and eggs still exists there (Loureiro, 2008). Both sand distribution. and remains the most serious threat extraction and beachfront lighting have Additionally, fishing is a major source facing nesting turtles in the Northeast been identified as serious threats to the of ecosystem alteration of the neritic Atlantic. Historical records indicate continued existence of a nesting and oceanic habitats of loggerhead turtles were harvested throughout population on Santiago Island (Loureiro, turtles in the region. Fishing effort off Macaronesia (see Lopez-Jurado, 2007). 2008). Scattered and infrequent nesting the western African coast is increasing Intensive exploitation has been cited for occurs in western Africa, where much and record low biomass has been the extirpation of the loggerhead nesting industrialization is located on the coast recorded for exploited resources, colony in the Canary Islands (Lopez- and population growth rates fluctuate representing a 13X decline in biomass Jurado, 2007), and heavy human between 0.8 percent (Cape Verde) and since 1960 (see Palomares and Pauly, predation on nesting and foraging 3.8 percent (Coˆte D’Ivoire) (Abe et al., 2004). Throughout the North Atlantic, animals occurred on Santiago Island, 2004; Tayaa et al., 2005). Land mines on fishery landings fell by 90 percent Cape Verde, the first in the Archipelago some of the beaches of mainland Africa, during the 20th century, foreboding a to be settled (Loureiro, 2008), as well as within the reported historical range of trophic cascade and a change in food- on Sal and Sao Vicente islands (Lopez- nesting by loggerheads (e.g., the Western web competition (Pauly et al., 1998; Jurado, 2007). Nesting loggerheads and Sahara region), would be detrimental to Christensen et al., 2003). For a eggs are still harvested at Boa Vista, nesters and are an impediment to description of the exploited marine Cape Verde (Cabrera et al., 2000; Lopez- scientific surveys of the region (Tiwari resources in the region, see Lamboeuf Jurado et al., 2003). In 2007, over 1,100 et al., 2001). Tiwari et al. (2001) noted (1997). The Celtic-Biscay Shelf LME, the (36 percent) of the nesting turtles were a high level of human use of many of Iberian Coastal Ecosystem LME, the hunted, which is about 15 percent of the the beaches in Morocco—enough that Canary Current LME, and the Guinea estimated adult female population any evidence of nesting activity would Current LME all are severely overfished, (Marco et al., in press). In 2008, the be quickly erased. Garbage litters many and effort now is turning to a focus on military protected one of the major developed beaches (Formia et al., 2003). pelagic fisheries, whereas historically nesting beaches on Boa Vista where in Erosion is a problem along the long there were demersal fisheries. The 2007 55 percent of the mortality had stretches of high energy ocean shoreline impacts continue to increase in the occurred; with the additional of Africa and is further exacerbated by Guinea Current LME despite efforts protection, only 17 percent of the turtles sand mining and harbor building throughout the region to reduce fishing on that beach were slaughtered (Roder (Formia et al., 2003); crumbling pressure (http://www.lme.noaa.gov). et al., in press). On Sal Island, 11.5 buildings claimed by the sea may The threats to bottom habitat for percent of the emergences on present obstructions to nesting females. loggerheads include modification of the unprotected beaches ended with habitat through bottom trawling. mortality, whereas mortality was 3 Neritic/Oceanic Zones Trawling occurs off the European coast percent of the emergences on protected Threats to habitat in the loggerhead and the area off Northwest Africa is one beaches (Cozens et al., in press). The neritic and oceanic zones in the of the most intensively trawled areas in slaughter of nesting turtles is a problem Northeast Atlantic Ocean include the world (Zeeberg et al., 2006). wherever turtles nest in the Cape Verde fishing practices, marine pollution and Trawling has been banned in the Islands and may approach 100 percent climate change. Ecosystem alterations Azores, Madeira, and Canary Islands to in some places (C. Roder, Turtle have occurred due to the tremendous protect cold-water corals (Lutter, 2005). Foundation, Mu¨ nsing, Germany,

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00035 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12632 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

personal communication, 2009; Cozens, and Dale, 2006; Moita et al., 2006; implementing demonstrated effective in press). The meat and eggs are http://www.lme.noaa.gov). conservation measures, geopolitical consumed locally as well as traded In summary, although disease and complexities, limitations on among the archipelago (C. Roder, Turtle predation are known to occur, enforcement capacity, and lack of Foundation, Mu¨ nsing, Germany, quantitative data are not sufficient to availability of comprehensive bycatch personal communication, 2009). assess the degree of impact of these reduction technologies. Hatchlings are collected on Sal Island, threats on the persistence of this DPS. In summary, our review of regulatory but this activity appears to be rare on mechanisms under Factor D D. Inadequacy of Existing Regulatory other islands of the archipelago (J. demonstrates that although regulatory Mechanisms Cozens, SOS Tartarugas, Santa Maria, mechanisms are in place that should Sal Island, Cape Verde, personal International Instruments address direct and incidental take of communication, 2009). Additionally, The BRT identified several regulatory Northeast Atlantic Ocean loggerheads, free divers target turtles for mechanisms that apply to loggerhead these regulatory mechanisms are consumption of meat, often selectively sea turtles globally and within the insufficient or are not being taking large males (Lopez-Jurado et al., Northeast Atlantic Ocean. The reader is implemented effectively to address the 2003). Turtles are harvested along the directed to sections 5.1.4. and 5.2.7.4. of needs of loggerheads. We find that the African coast and, in some areas, are the Status Review for a discussion of threat from the inadequacy of existing considered a significant source of food these regulatory mechanisms. Hykle regulatory mechanisms for harvest of and income due to the poverty of many (2002) and Tiwari (2002) have reviewed turtles and eggs for human consumption residents along the African coast the effectiveness of some of these (Factor B), fishery bycatch (Factor E), (Formia et al., 2003). Loggerhead international instruments. The problems and sand extraction and beachfront carapaces are sold in markets in with existing international treaties are lighting on nesting beaches (Factor A) is Morocco and Western Sahara (Fretey, often that they have not realized their significant relative to the persistence of 2001; Tiwari et al., 2001; Benhardouze full potential, do not include some key this DPS. et al., 2004). In summary, overutilization for countries, do not specifically address E. Other Natural or Manmade Factors human consumption likely was a factor sea turtle conservation, and are Affecting its Continued Existence handicapped by the lack of a sovereign that contributed to the historic decline Incidental Bycatch in Fishing Gear of this DPS. Current harvest of authority to enforce environmental loggerhead turtles and eggs for human regulations. The ineffectiveness of Loggerhead turtles strand throughout consumption in both Cape Verde and international treaties and national the Northeast Atlantic (Fretey, 2001; along the African coast, as well as the legislation is oftentimes due to the lack Tiwari et al., 2001; Duguy et al., 2004, sale of loggerhead carapaces in markets of motivation or obligation by countries 2005; Witt et al., 2007), and there are in Africa, are a significant threat to the to implement and enforce them. A indications that the turtles become persistence of this DPS. thorough discussion of this topic is entangled in nets and monofilament and available in a special 2002 issue of the swallow hooks in the region (Oro´s et al., C. Disease or Predation Journal of International Wildlife Law 2005; Calabuig Miranda and Liria Loza, The potential exists for diseases and and Policy: International Instruments 2007). On the European coasts, most endoparasites to impact loggerheads and Marine Turtle Conservation (Hykle stranded loggerheads are small (mean of found in the Northeast Atlantic Ocean. 2002). less than 30 cm SCL), but a few are greater than 60 cm SCL (Witt et al., Spontaneous diseases documented in National Legislation and Protection the Northeast Atlantic include 2007). Similarly, Tiwari et al. (2001) pneumonia, hepatitis, meningitis, Ongoing directed lethal take of and Benhardouze et al. (2004) indicated septicemic processes, and neoplasia nesting females and eggs (Factor B), low that the animals they viewed in (Oro´s et al., 2005). Pneumonia could hatching and emergence success Morocco and Western Sahara were result from the aspiration of water from (Factors A, B, and C), and mortality of small juveniles and preliminary genetic forced submergence in fishing gear. The juvenile and adult turtles from fishery analyses of stranded turtles indicate that authors also reported nephritis, bycatch (Factor E) that occurs they are of western Atlantic origin (M. esophagitis, nematode infestation, and throughout the Northeast Atlantic Tiwari, NMFS, and A. Bolten, eye lesions. Fibropapillomatosis does Ocean is substantial. Currently, University of Florida, unpublished not appear to be an issue in the conservation efforts to protect nesting data), whereas Fretey (2001) reported Northeast Atlantic. females are growing, and a reduction in that loggerheads captured and stranded Nest depredation by ghost crabs this source of mortality is likely to in Mauritania were both juvenile and (Ocypode cursor) occurs in Cape Verde continue in the near future. Although adult-sized animals. (Lopez-Jurado et al., 2000). The ghost national and international governmental Incidental capture of sea turtles in crabs feed on both eggs and hatchlings. and non-governmental entities in the artisanal and commercial fisheries is a Arvy et al. (2000) reported predation of Northeast Atlantic are currently working threat to the survival of loggerheads in loggerhead eggs in two nests in toward reducing loggerhead bycatch, the Northeast Atlantic. Sea turtles may Mauritania by golden jackals (Canis and some positive actions have been be caught in a multitude of gears aureus); a loggerhead turtle creating a implemented, it is unlikely that this deployed in the region: Pelagic and third nest also had been killed, with source of mortality can be sufficiently demersal longlines, drift and set meat and eggs eaten, but the predator reduced across the range of the DPS in gillnets, bottom and mid-water trawling, was not identified. the near future because of the lack of weirs, haul and purse seines, pots and Loggerheads in the Northeast Atlantic bycatch reduction in high seas fisheries traps, cast nets, and hook and line gear also may be impacted by harmful algal operating within the range of this DPS, (see Pascoe and Gre´boval, 2003; Bayliff blooms, which have been reported lack of bycatch reduction in coastal et al., 2005; Tayaa et al., 2005; Dossa et infrequently in the Canary Islands and fisheries in Africa, the lack of al., 2007). Fishing effort off the western the Iberian Coastal LME (Ramos et al., comprehensive information on fishing African coast has been increasing (see 2005; Akin-Oriola et al., 2006; Amorim distribution and effort, limitations on Palomares and Pauly, 2004). Impacts

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00036 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12633

continue to increase in the Guinea (Barrerios and Barcelos, 2001; Tiwari et planting of non-native vegetation Current LME, but, in contrast, the al., 2001). Pollution from heavy metals (Baldwin, 1992; Margaritoulis et al., impacts are reported to be decreasing in is a concern for the seas around the 2003). These activities may directly the Canary Current LME (http:// Iberian Peninsula (European impact the nesting success of www.lme.noaa.gov). Throughout the Environmental Agency, 1998) and in the loggerheads and survivability of eggs region, fish stocks are depleted and Guinea Current LME (Abe et al., 2004). and hatchlings. Nesting in the management authorities are striving to Bioaccumulation of metals in Mediterranean almost exclusively reduce the fishing pressure. loggerheads has been measured in the occurs in the Eastern basin, with the In the Northeast Atlantic, loggerheads, Canary Islands and along the French main concentrations found in Cyprus, particularly the largest size classes in Atlantic Coast (Caurant et al., 1999; Greece, Turkey, and Libya the oceanic environment (most of which Torrent et al., 2004). However, the (Margaritoulis et al., 2003; Laurent et are small juveniles), are captured in consequences of long-term exposure to al., 1999); therefore, the following surface longline fisheries targeting heavy metals are unknown (Torrent et threats to the nesting habitat are swordfish (Ziphias gladius) and tuna al., 2004). concentrated in these areas. (Thunnus spp.) (Ferreira et al., 2001; Natural environmental events, such as The Mediterranean experiences a Bolten, 2003). Bottom longlines in climate change, could affect loggerheads large influx of tourists during the Madeira Island targeting black-scabbard in the Northeast Atlantic. Similar to summer months, coinciding with the (Aphanopus carbo) capture and kill other areas of the world, climate change nesting season. Margaritoulis et al. small juvenile loggerhead turtles as the and sea level rise have the potential to (2003) stated that extensive urbanization fishing depth does not allow hooked impact loggerheads in the Northeast of the coastline, largely a result of turtles to surface (Dellinger and Atlantic, and the changes may be further tourism and recreation, is likely the Encarnac¸aˆo, 2000; Delgado et al., in exacerbated by the burning of fossil most serious threat to loggerhead press). fuels and deforestation. These effects nesting areas. The large numbers of In United Kingdom and Irish waters, include flooding of nesting beaches, tourists that use Mediterranean beaches loggerhead bycatch is uncommon but shifts in ocean currents, ecosystem result in an increase in umbrellas, has been noted in pelagic driftnet shifts in prey distribution and chairs, garbage, and towels, as well as fisheries (Pierpoint, 2000; Rogan and abundance, and a shift in the sex ratio related hotels, restaurants, and Mackey, 2007). Loggerheads have not of the population if rookeries do not stationary (e.g., street lights, hotels) and been captured in pelagic trawls, migrate concurrently (e.g., northward in moving (e.g., cars) lighting, all which demersal trawls, or gillnets in United the case of global warming) or if nesting can impact sea turtle nesting success Kingdom and Irish waters (Pierpoint, phenology does not change (see Doody (Demetropoulos, 2000). Further, the 2000), but have been captured in nets et al., 2006). Tropical and sub-tropical eastern Mediterranean is exposed to off France (Duguy et al., 2004, 2005). storms occasionally strike the area and high levels of pollution and marine International fleets of trawl fisheries could have a negative impact on debris, in particular the nesting beaches operate in Mauritania and have been nesting, although such an impact would of Cyprus, Turkey, and Egypt (Camin˜ as, documented to capture sea turtles, be of limited duration. 2004). including loggerheads (Zeeberg et al., In summary, we find that the Construction and infrastructure 2006). Despite being illegal, trawling Northeast Atlantic Ocean DPS of the development also have the potential to occurs in the Cape Verde Islands and loggerhead sea turtle is negatively alter nesting beaches and subsequently has the potential to capture and kill affected by both natural and manmade impact nesting success. The loggerhead turtles; one piece of impacts as described above in Factor E. construction of new buildings on or abandoned trawl net washed ashore Within Factor E, we find that fishery near nesting beaches has been a problem with eight live and two dead bycatch that occurs throughout the in Greece and Turkey (Camin˜ as, 2004). loggerheads (Lopez-Jurado et al., 2003). Northeast Atlantic Ocean, particularly The construction of a jetty and Longlines, seines, and hook and line bycatch mortality of loggerheads from waterworks around Mersin, Turkey, has have been documented to capture longline and trawl fisheries, is a contributed significantly to the loggerheads 35–73 cm SCL off the significant threat to the persistence of continuous loss of adjacent beach northwestern Moroccan coast this DPS. (Camin˜ as, 2004). (Benhardouze, 2004). Beach erosion and sand extraction Mediterranean Sea DPS also pose a problem for sea turtle Other Manmade and Natural Impacts A. The Present or Threatened nesting sites. The noted decline of the Other anthropogenic impacts, such as Destruction, Modification, or nesting population at Rethymno, Island boat strikes and ingestion or Curtailment of Its Habitat or Range of Crete, Greece, is partly attributed to entanglement in marine debris, also beach erosion caused by construction on apply to loggerheads in the Northeast Terrestrial Zone the high beach and at sea (e.g., groins) Atlantic. Propeller and boat strike In the Mediterranean, some areas (Margaritoulis et al., 2009). A 2001 injuries have been documented in the known to host nesting activity in the survey of Lebanese nesting beaches Northeast Atlantic (Oros et al., 2005; past have been lost to turtles (e.g., found severe erosion on beaches where Calabuig Miranda and Liria Loza, 2007). Malta) or severely degraded (e.g., Israel) previous nesting had been reported, and Exposure to crude oil is also of concern. (Margaritoulis et al., 2003). Destruction in some cases the beaches had Loggerhead strandings in the Canary and modification of loggerhead nesting disappeared completely (Venizelos et Islands have shown evidence of habitat in the Mediterranean result from al., 2005). Definitive causes of this hydrocarbon exposure as well as coastal development and construction, erosion were found to be sand ingestion of marine debris, such as placement of erosion control structures extraction, offshore sand dredging, and plastic and monofilament (Oros et al., and other barriers to nesting, beachfront sediment removal from river beds for 2005; Calabuig Miranda and Liria Loza, lighting, vehicular and pedestrian construction and military purposes. 2007), and in the Azores and elsewhere traffic, sand extraction, beach erosion, Beach erosion also may occur from plastic debris is found both on the beach sand placement, beach pollution, natural changes, with the same beaches and floating in the waters removal of native vegetation, and deleterious effects to loggerhead nesting.

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00037 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12634 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

On Patara, Turkey, beach erosion and thus altering ecosystem dynamics. For B. Overutilization for Commercial, subsequent inundation by waves and example, depleted fish stocks in Recreational, Scientific, or Educational shifting sand dunes are responsible for Zakynthos, Greece, likely contributed to Purposes about half of all loggerhead nest losses predation of adult loggerheads by monk Mediterranean turtle populations (Camin˜ as, 2004). Erosion can further be seals (Monachus monachus) were subject to severe exploitation until exacerbated when native dune (Margaritoulis et al., 1996). Further, by the mid-1960s (Margaritoulis et al., vegetation, which enhances beach depleting fish populations, the trophic 2003). Deliberate hunting of loggerheads stability and acts as an integral buffer dynamics will be altered, which may for their meat, shells, and eggs is zone between land and sea, is degraded then in turn affect the ability of reduced from previous exploitation or destroyed. This in turn often leaves loggerheads to find prey resources. If levels, but still exists. For example, insufficient nesting opportunities above loggerheads are not able to forage on the Nada and Casale (2008) found that egg the high tide line, and nests may be necessary prey resources, their long- collection (for individual consumption) washed out. In contrast, the planting or term survivability may be impacted. still occurs in Egypt. In some areas of invasion of less stabilizing, non-native Climate change also may result in future the Mediterranean, like on the Greek plants can lead to increased erosion and trophic changes, thus impacting Island of Zakynthos, nesting beaches are degradation of suitable nesting habitat. loggerhead prey abundance and/or protected (Panagopoulou et al., 2008), Finally, sand extraction has been a distribution. so egg harvest by humans in those areas serious problem on Mediterranean is likely negligible. nesting beaches, especially in Turkey Marine pollution, including direct Exploitation of juveniles and adults (Tu¨ rkozan and Baran, 1996), Cyprus contamination and structural habitat still occurs in some Mediterranean (Godley et al., 1996; Demetropoulos and degradation, can affect loggerhead areas. In Tunisia, clandestine trade for Hadjichristophorou, 1989), and Israel neritic and oceanic habitat. As the (Levy, 2003). Mediterranean is an enclosed sea, local consumption is still recorded, While the most obvious effect of organic and inorganic wastes, toxic despite prohibition of the sale of turtles nesting beach destruction and effluents, and other pollutants rapidly in fish markets in 1989 (Laurent et al., modification may be to the existence of affect the ecosystem (Camin˜ as, 2004). 1996). In Egypt, turtles are sold in fish markets despite prohibitive laws; of 71 the actual nests, hatchlings are also The Mediterranean has been declared a turtles observed at fish markets in 1995 threatened by habitat alteration. In the ‘‘special area’’ by the MARPOL and 1996, 68 percent were loggerheads Mediterranean, disorientation of Convention, in which deliberate (Laurent et al., 1996). Nada (2001) hatchlings due to artificial lighting has petroleum discharges from vessels are reported 135 turtles (of which 85 been recorded mainly in Greece (Rees, banned, but numerous repeated offenses 2005; Margaritoulis et al., 2007, 2009), percent were loggerheads) slaughtered are still thought to occur (Pavlakis et al., at the fish market of Alexandria in 6 Turkey (Tu¨ rkozan and Baran, 1996), and 1996). Some estimates of the amount of Lebanon (Newbury et al., 2002). months (December 1998–May 1999). oil released into the region are as high Based on observed sea turtle slaughters Additionally, vehicle traffic on nesting as 1,200,000 metric tons (Alpers, 1993). beaches may disrupt the natural beach in 1995 and 1996, Laurent et al. (1996) Direct oil spill events also occur as estimated that several thousand sea environment and contribute to erosion, happened in Lebanon in 2006 when especially during high tides or on turtles were probably killed each year in 10,000 to 15,000 tons of heavy fuel oil narrow beaches where driving is Egypt. More recently, a study found that spilled into the eastern Mediterranean concentrated on the high beach and the open selling of sea turtles in Egypt (United Nations Environment foredune. On Zakynthos Island in generally has been curtailed due to Greece, Venizelos et al. (2006) reported Programme, 2007). enforcement efforts, but a high level of that vehicles drove along the beach and Destruction and modification of intentional killing for the black market sand dunes throughout the tourist loggerhead habitat also may occur as a or for direct personal consumption still season on East Laganas and Kalamaki result of other activities. For example, exists (Nada and Casale, 2008). Given beaches, leaving deep ruts in the sand, underwater explosives have been the high numbers of turtles caught in disturbing sea turtles trying to nest, and identified as a key threat to loggerhead this area, several hundred turtles are impacting hatchlings trying to reach the habitat in internesting areas in the currently estimated to be slaughtered sea. Mediterranean (Margaritoulis et al., each year in Egypt (Nada and Casale, 2008). This estimate likely includes Neritic/Oceanic Zones 2003). Further, the Mediterranean is a site of intense tourist activity, and both juvenile and adult loggerheads, as Threats to habitat in the loggerhead corresponding boat anchoring also may Egyptian fish markets have been neritic and oceanic zones in the impact loggerhead habitat in the neritic documented selling different sized sea Mediterranean Sea include fishing environment. turtles. While the mean sea turtle size practices, channel dredging, sand was 65.7 cm CCL (range 38–86.3 cm extraction, marine pollution, and In summary, we find that the CCL; n=48), 37.5 percent of observed climate change. Trawling occurs Mediterranean Sea DPS of the loggerhead samples were greater than 70 throughout the Mediterranean, most loggerhead sea turtle is negatively cm CCL (Laurent et al., 1996). notably in areas off Albania, Algeria, affected by ongoing changes in both its In summary, overutilization for Croatia, Egypt, France, Greece, Italy, terrestrial and marine habitats as a commercial purposes likely was a factor Libya, Morocco, Slovenia, Spain, result of land and water use practices as that contributed to the historic declines Tunisia, and Turkey (Gerosa and Casale, considered above in Factor A. Within of this DPS. Current illegal harvest of 1999; Camin˜ as, 2004; Casale, 2008). Factor A, we find that coastal loggerheads in Egypt for human This fishing practice has the potential to development, placement of barriers to consumption continues as a significant destroy bottom habitat in these areas. nesting, beachfront lighting, and erosion threat to the persistence of this DPS. Fishing methods affect neritic zones by resulting from sand extraction, offshore not only impacting bottom habitat and sand dredging, and sediment removal C. Disease or Predation incidentally capturing loggerheads but from river beds are significant threats to The potential exists for diseases and also depleting fish populations, and the persistence of this DPS. endoparasites to impact loggerheads

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00038 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12635

found in the Mediterranean. Mediterranean monk seals (Monachus regulations. The ineffectiveness of Endoparasites in loggerheads have been monachus). Of the eight predated turtles international treaties and national studied in the western Mediterranean. observed or reported, 62.5 percent were legislation is oftentimes due to the lack While the composition of the adult males (Margaritoulis et al., 1996). of motivation or obligation by countries gastrointestinal community of sea Further, stomach contents were to implement and enforce them. A turtles is expected to include digeneans, examined from 24 Mediterranean white thorough discussion of this topic is nematodes, and aspidogastreans, sharks (Carcharodon carcharias), and 17 available in a special 2002 issue of the loggerheads in the Mediterranean were percent contained remains of marine Journal of International Wildlife Law found to harbor only four digenean turtles, including two loggerheads, one and Policy: International Instruments species typical of marine turtles (Aznar green, and one unidentifiable turtle and Marine Turtle Conservation (Hykle et al., 1998). There have been no records (Fergusson et al., 2000). One of the 2002). of fibropapillomatosis in the loggerhead turtles ingested was a National Legislation and Protection Mediterranean. While there is the juvenile with a carapace length of potential for disease in this area, approximately 60 cm (length not Fishery bycatch that occurs information on the prevalence of such reported as either SCL or CCL). throughout the Mediterranean Sea (see disease is lacking. Fergusson et al. (2000) report that white Factor E), as well as anthropogenic In the Mediterranean Sea, loggerhead shark interactions with sea turtles are threats to nesting beaches (Factor A) and hatchlings and eggs are subject to likely rare east of the Ionian Sea, and eggs/hatchlings (Factors A, B, C, and E), depredation by wild canids (i.e., foxes while the impact of shark predation on is substantial. Although conservation (Vulpes vulpes), golden jackals (Canis turtle populations is unknown, it is efforts to protect some nesting beaches aureus)), feral/domestic dogs, and ghost probably small compared to other are underway, more widespread and crabs (Ocypode cursor) (Margaritoulis et sources of mortality. consistent protection is needed. al., 2003). Predators have caused the The Mediterranean is a low- Although national and international loss of 48.4 percent of loggerhead productivity body of water, with high governmental and non-governmental clutches at Kyparissia Bay, Greece water clarity as a result. However, entities in the Mediterranean Sea are (Margaritoulis, 1988), 70–80 percent at harmful algal blooms do occur in this currently working toward reducing Dalyan Beach, Turkey (Erk’akan, 1993), area (e.g., off Algeria in 2002), and the loggerhead bycatch, it is unlikely that 36 percent (includes green turtle problem is particularly acute in this source of mortality can be clutches) in Cyprus (Broderick and enclosed ocean basins such as the sufficiently reduced across the range of Godley, 1996), and 44.8 percent in Libya Mediterranean. In the northern Adriatic the DPS in the near future because of (Laurent et al., 1995). A survey of the Sea, fish kills have occurred as a result the lack of bycatch reduction in Syrian coast in 1999 found 100 percent of noxious phytoplankton blooms and commercial and artisanal fisheries nest predation, mostly due to stray dogs anoxic conditions (Mediterranean Sea operating within the range of this DPS, and humans (Venizelos et al., 2005). LME). While fish may be more the lack of comprehensive information Loggerhead eggs are also depredated by susceptible to these harmful algal on fishing distribution and effort, insect larvae in Cyprus (McGowan et al., blooms, loggerheads in the limitations on implementing 2001), Turkey (O¨ zdemir et al., 2004), Mediterranean also may be impacted by demonstrated effective conservation and Greece (Lazou and Rees, 2006). such noxious or toxic phytoplankton to measures, geopolitical complexities, Ghost crabs have been reported preying some extent. limitations on enforcement capacity, on loggerhead hatchlings in northern In summary, nest and hatchling and lack of availability of Cyprus and Egypt, suggesting 66 percent predation likely was a factor that comprehensive bycatch reduction of emerging hatchlings succumb to this contributed to the historic decline of technologies. mortality source (Simms et al., 2002). this DPS. Current nest and hatchling In summary, our review of regulatory Predation also has been influenced by predation on several Mediterranean anthropogenic sources. On Zakynthos, mechanisms under Factor D nesting beaches is believed to be a demonstrates that although regulatory Greece, a landfill site next to loggerhead significant threat to the persistence of nesting beaches has resulted in an mechanisms are in place that should this DPS. artificially high level of seagulls (Larus address direct and incidental take of spp.), which results in increased D. Inadequacy of Existing Regulatory Mediterranean Sea loggerheads, these predation pressure on hatchlings Mechanisms regulatory mechanisms are insufficient or are not being implemented effectively (Panagopoulou et al., 2008). Planting of International Instruments non-native plants also can have a to address the needs of loggerheads. We detrimental effect on nests in the form The BRT identified several regulatory find that the threat from the inadequacy of roots invading eggs (e.g., tamarisk tree mechanisms that apply to loggerhead of existing regulatory mechanisms for (Tamarix spp.) roots invading eggs in sea turtles globally and within the fishery bycatch (Factor E) and impacts Zakynthos, Greece) (Margaritoulis et al., Mediterranean Sea. The reader is to nesting beach habitat (Factor A) is 2007). directed to sections 5.1.4. and 5.2.8.4. of significant relative to the persistence of Predation on adult and juvenile the Status Review for a discussion of this DPS. these regulatory mechanisms. Hykle loggerheads has also been documented E. Other Natural or Manmade Factors (2002) and Tiwari (2002) have reviewed in the Mediterranean. Predation of Affecting Its Continued Existence nesting loggerheads by golden jackals the effectiveness of some of these has been recorded in Turkey (Peters et international instruments. The problems Other anthropogenic and natural al., 1994). During a 1995 survey of with existing international treaties are factors affecting loggerhead survival loggerhead nesting in Libya, two nesting often that they have not realized their include incidental bycatch in fisheries, females were found killed by carnivores, full potential, do not include some key vessel collisions, marine pollution, probably jackals (Laurent et al., 1997). countries, do not specifically address climate change, and cyclonic storm Off the sea turtle nesting beach of sea turtle conservation, and are events. Fishing practices alone have Zakynthos, Greece, adult loggerheads handicapped by the lack of a sovereign been estimated to result in over 150,000 were found being predated upon by authority to enforce environmental sea turtle captures per year, with

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00039 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12636 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

approximately 50,000 mortalities increasing to catch the available fish. the southern Tunisia surface longline (Casale, 2008). This trend has not yet been verified fishery. These estimates are consistent The only estimation of loggerhead throughout the Mediterranean, but with those found in other areas; direct survival probabilities in the fishing pressures may be increasing mortality was estimated at 4.3 percent Mediterranean was calculated by using even though landings appear stable. in Greece (n=23), 0 percent in Italy capture-mark-recapture techniques from (n=214), and 2.6 percent in Spain Longline Fisheries 1981–2003 (Casale et al., 2007c). Of the (n=676) (Laurent et al., 2001). However, 3,254 loggerheads tagged, 134 were In the Mediterranean, pelagic longline considering injured turtles and those recaptured at different sites throughout fisheries targeting swordfish (Ziphias released with hooks, the potential for the Mediterranean. Most recaptured gladius) and albacore (Thunnus mortality is likely much higher. Based animals were juveniles (mean 54.4 cm alalunga) may be the primary source of upon observations of hooked loggerhead CCL; range 25–88 cm CCL), but the loggerhead bycatch. It appears that most turtles in captivity, Aguilar et al. (1995) study did not delineate between of the incidental captures occur in the estimated 20–30 percent of animals juvenile life stages. This research western and central portions of the area caught in longline gear may eventually estimated a loggerhead annual survival (Demetropoulos and die. More recently, Casale et al. (2008b) probability of 0.73(95 percent Hadjichristophorou, 1995). The most found, given variations in hook position confidence interval; 0.67–0.78), severe bycatch in the Mediterranean affecting survivability, the mortality rate recognizing that there are occurs around the Balearic Islands of turtles caught by pelagic longlines methodological limitations of the where 1,950–35,000 juveniles are caught may be higher than 30 percent, which technique used. Nonetheless, Casale et annually in the surface longline fishery is greater than previously thought (17– al. (2007a) stated that assuming a (Mayol and Castello´ Mas, 1983; 42 percent; Lewison et al., 2004). natural survivorship no higher than 0.95 Camin˜ as, 1988, 1997; Aguilar et al., Considering direct and post-release and a tag loss rate of 0.1, a range of 0.1– 1995). Specifically, the following mortality, Casale (2008) used a 0.2 appears reasonable for the additional regions have reported annual estimates conservative approach to arrive at 40 human induced mortality (from all of total turtle bycatch from pelagic percent for the average mortality from sources). longlines: Spain—17,000 to 35,000 Mediterranean pelagic longlines. The turtles (Aguilar et al., 1995; Camin˜ as et Incidental Bycatch in Fishing Gear result is an estimated 20,000 turtles al., 2003); Italy (Ionian Sea)—1,084 to killed per year by pelagic longlines Incidental capture of sea turtles in 4,447 turtles (Deflorio et al., 2005); (Casale, 2008). artisanal and commercial fisheries is a Morocco—3,000 turtles (Laurent, 1990); In general, most of the turtles significant threat to the survivability of Greece—280 to 3,310 turtles (Panou et captured in the Mediterranean surface loggerheads in the Mediterranean. Sea al., 1999; Kapantagakis and Lioudakis, longline fisheries are juvenile animals turtles may be caught in pelagic and 2006); Italy (Lampedusa)—2,100 turtles (Aguilar et al., 1995; Panou et al., 1999; demersal longlines, drift gillnets, set (Casale et al., 2007a); Malta—1,500 to Camin˜ as et al., 2003; Casale et al., gillnets and trammel nets, bottom and 2,500 turtles (Gramentz, 1989); South 2007a; Jribi et al., 2008), but some adult mid-water trawls, seines, dredges, traps/ Tunisia (Gulf of Gabe`s)—486 turtles loggerhead bycatch is also reported. pots, and hook and line gear. In a 2004 (Jribi et al., 2008); and Algeria—300 Considering data from many FAO Fisheries Report, Camin˜ as (2004) turtles (Laurent, 1990). Mediterranean areas and research stated that the main fisheries affecting For the entire Mediterranean pelagic studies, the average size of turtles sea turtles in the Mediterranean Sea (at longline fishery, an extrapolation caught by pelagic longlines was 48.9 cm that time) were Spanish and Italian resulted in a bycatch estimate of 60,000 CCL (range 20.5–79.2 cm CCL; n=1868) longline, North Adriatic Italian, to 80,000 loggerheads in 2000 (Lewison (Casale, 2008). Specifically, in the Tunisian, and Turkish trawl, and et al., 2004). Further, a more recent Spanish surface longline fishery, 13 Moroccan and Italian driftnet. Available paper used the best available percent of estimated carapace sizes information on sea turtle bycatch by information to estimate that Spain, (n=455) ranged from 75.36 to 107 cm gear type is discussed below. There is Morocco, and Italy have the highest CCL, considered to be adult animals growing evidence that artisanal/small level of sea turtle bycatch, with over (Camin˜ as et al., 2003), and in the Ionian vessel fisheries (set gillnet, bottom 10,000 turtle captures per year for each Sea, 15 percent of a total 157 loggerhead longline, and part of the pelagic longline country, and Greece, Malta, Libya, and turtles captured in swordfish longlines fishery) may be responsible for a Tunisia each catch 1,000 to 3,000 turtles were adult animals (estimated size at comparable or higher number of per year (Casale, 2008). Available data greater than or equal to 75 cm) (Panou captures with higher mortality rates suggest the annual number of et al., 1999). than the commercial/large vessel loggerhead sea turtle captures by all Bottom longlines are also fished in the fisheries (Casale, 2008) as previously Mediterranean pelagic longline fisheries Mediterranean, but specific capture suggested by indirect clues (Casale et may be greater than 50,000 (Casale, rates for loggerheads are largely al., 2005a). 2008). Note that these are not unknown for many areas. The countries Mediterranean fish landings have necessarily individual turtles, as the with the highest number of documented increased steadily since the 1950s, but same sea turtle can be captured more captures (in the thousands per year) are the FAO 10-year capture trend from than once. Tunisia, Libya, Greece, Turkey, Egypt, 1990–1999 shows stable landings Mortality estimates in the pelagic Morocco, and Italy (Casale, 2008). (Mediterranean LME, http:// longline fishery at gear retrieval appear Available data suggest the annual www.lme.noaa.gov). However, stable to be lower than in some other types of number of loggerhead sea turtle captures fish landings may result from stable gear (e.g., set gillnet). Although limited (not necessarily individual turtles) by fishing effort at the same catch rates, or to observations of direct mortality at all Mediterranean demersal longliners higher fishing effort at lower catch rates. gear retrieval, Carreras et al. (2004) may be greater than 35,000 (Casale, As fish stocks in the Mediterranean are found mortality to be low (0–7.7 2008). Given available information and being depleted (P. Casale, MTSG–IUCN percent) in the longline fishery off the using a conservative approach, mortality Italy, personal communication, 2009), Balearic Islands, and Jribi et al. (2008) from bottom longlines may be at least fishing effort in some areas may be reported 0 percent direct mortality in equal to pelagic longline mortality (40

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00040 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12637

percent; Casale, 2008). The result is an (2004) estimate that a few thousand (Environmental Justice Foundation, estimated 14,000 turtles killed per year loggerhead turtles are killed annually by 2007; Aksissou et al., in press). Driftnet in Mediterranean bottom longlines lobster trammel nets in the whole fishing in the Mediterranean, and (Casale, 2008). It is likely that these western Mediterranean. Considering accompanying threats to loggerhead animals represent mostly juvenile data throughout the entire turtles, continues to occur. loggerheads, Casale (2008) reported an Mediterranean, as well as a conservative Trawl Fisheries average turtle size of 51.8 cm CCL approach, Casale (2008) considered (n=35) in bottom longlines based on mortality by set nets to be 60 percent, Sea turtles are known to be available data throughout the with a resulting estimate of 16,000 incidentally captured in trawls in Mediterranean. turtles killed per year. Most of these Albania, Algeria, Croatia, Egypt, France, Artisanal longline fisheries also have animals are likely juveniles; Casale Greece, Italy, Libya, Morocco, Slovenia, the potential to take sea turtles. A (2008) evaluated available set net catch Spain, Tunisia, and Turkey (Gerosa and survey of 54 small boat (4–10 meter data throughout the Mediterranean and Casale, 1999; Camin˜ as, 2004; Casale, length) artisanal fishermen in Cyprus found an average size of 45.4 cm CCL 2008). Laurent et al. (1996) estimated and Turkey resulted in an estimated (n=74). that approximately 10,000 to 15,000 sea minimum bycatch of over 2,000 turtles As noted above, artisanal set net turtles (most of which are loggerheads) per year, with an estimated 10 percent fisheries also may capture numerous sea are captured by bottom trawling in the mortality rate (Godley et al., 1998a). turtles, as observed off Cyprus and entire Mediterranean. More recently, These small boats fished with a Turkey (Godley et al., 1998a). Casale (2008) compiled available trawl combination of longlines and trammel/ bycatch data throughout the Driftnet Fisheries gillnets. However, note that it is likely Mediterranean and reported that Italy that a proportion (perhaps a large Historically, driftnet fishing in the and Tunisia have the highest level of sea proportion) of the turtle bycatch Mediterranean caught large numbers of turtle bycatch, potentially over 20,000 estimated in this study are green turtles. sea turtles. An estimated 16,000 turtles captures per year combined, and were captured annually in the Ionian Croatia, Greece, Turkey, Egypt, and Set Net (Gillnet) Fisheries Sea driftnet fishery in the 1980s (De Libya each catch more than 2,000 turtles As in other areas, sea turtles have the Metrio and Megalofonou, 1988). The per year. Further, Spain and Albania potential to interact with set nets United Nations established a worldwide may each capture a few hundred sea (gillnets or trammel nets) in the moratorium on driftnet fishing effective turtles per year (Casale, 2008). Available Mediterranean. Mediterranean set nets in 1992, but unregulated driftnetting data suggest the annual number of sea refer to gillnets (a single layer of net) continued to occur in the turtle captures by all Mediterranean and trammel nets, which consist of Mediterranean. For instance, a bycatch trawlers may be greater than 40,000 three layers of net with different mesh estimate of 236 loggerhead turtles was (Casale, 2008). Note that these are size. Casale (2008) estimated that the developed for the Spanish swordfish capture events and not necessarily countries with the highest number of driftnet fishery in 1994 (Silvani et al., individual turtles. loggerhead captures (in the thousands 1999). While the Spanish fleet curtailed Although juveniles are incidentally per year) are Tunisia, Libya, Greece, activity in 1994, the Moroccan, Turkish, captured in trawl gear in many areas of Turkey, Cyprus, and Croatia. Italy, French, and Italian driftnet fleets the Mediterranean (Casale et al., 2004, Morocco, Egypt, and France likely have continued to operate. Tudela et al. 2007a; Jribi et al., 2007), adult turtles are high capture rates as well. Available (2005) presented bycatch rates for also found. In Egypt, 25 percent of information suggests the annual number driftnet fisheries in the Alboran Sea and loggerheads captured in bottom trawl of loggerhead captures by off Italy. The Moroccan Alboran Sea gear (n=16) were greater than or equal Mediterranean set nets may be greater driftnet fleet bycatch rate ranged from to 70 cm CCL, and in Tunisia, 26.2 than 30,000 (Casale, 2008). 0.21 to 0.78 loggerheads per haul, percent (n=62) were of this larger size Due to the nature of the gear and whereas the Italian driftnet fleet had a class (Laurent et al., 1996). Off fishing practices (e.g., relatively long lower bycatch rate of 0.046 to 0.057 Lampedusa Island, Italy, the average soak times), incidental capture in loggerheads per haul (Di Natale, 1995; size of turtles caught by bottom trawlers gillnets is among the highest source of Caminas, 1997; Silvani et al., 1999). The was 51.8 cm CCL (range 22–87 cm CCL; direct sea turtle mortality. An use of driftnets in the Mediterranean n=368), and approximately 10 percent evaluation of turtles tagged then continues to be illegal: the General of the animals measured greater than 75 recaptured in gillnets along the Italian Fisheries Commission for the cm CCL (Casale et al., 2007a). For all coast found 14 of 19 loggerheads (73.7 Mediterranean prohibited driftnet areas of the Mediterranean, Casale percent) to be dead (Argano et al., 1992). fishing in 1997; a total ban on driftnet (2008) reported that medium to large Gillnets off France were observed to fishing by the European Union fleet in turtles are generally caught by bottom capture six loggerheads with a 50 the Mediterranean went into effect in trawl gear (mean 53.9 cm CCL; range percent mortality rate (Laurent, 1991). 2002; and the International Commission 22–87 cm CCL; n=648). Six loggerheads were recovered in for the Conservation of Atlantic Tunas While there is a notable interaction gillnets off Croatia between 1993 and (ICCAT) banned driftnets in 2003. rate in the Mediterranean, it appears 1996; 83 percent were found dead Nevertheless, there are an estimated 600 that the mortality associated with (Lazar et al., 2000). Off the Balearic illegal driftnet vessels operating in the trawling is relatively low. Incidents of Islands, 196 sea turtles were estimated Mediterranean, including fleets based in mortality have ranged from 3.3 percent to be captured in lobster trammel nets Algeria, France, Italy, Morocco, and (n=60) in Tunisia (Jribi et al., 2007) and in 2001, with a CPUE of 0.17 turtles per Turkey (Environmental Justice 3.3 percent (n=92) in France (Laurent, vessel (Carreras et al., 2004). Mortality Foundation, 2007). In particular, the 1991) to 9.4 percent (n=32) in Italy estimates for this artisanal lobster Moroccan fleet, operating in the Alboran (Casale et al., 2004). Casale et al. (2004) trammel net fishery ranged from 78 to Sea and Straits of Gibraltar, comprises found that mortality would be higher if 100 percent. Given this mortality rate the bulk of Mediterranean driftnetting, all comatose turtles were assumed to and the number of turtles reported in and has been found responsible for high die. It also should be noted that the lobster trammel nets, Carreras et al. bycatch, including loggerhead turtles mortality rate in trawls depends on the

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00041 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12638 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

duration of the haul, with longer haul particular concern in areas of intense As in other areas of the world, durations resulting in higher mortality tourist activity, such as Greece and intentional killing or injuring of sea rates (Henwood and Stuntz, 1987; Sasso Turkey. Losses of nesting females from turtles has been reported to occur in the and Epperly, 2006). Jribi et al. (2007) vessel collisions have been documented Mediterranean. Of 524 strandings in stated that the low recorded mortality in in Zakynthos and Crete in Greece Greece, it appeared that 23 percent had the Gulf of Gabe`s is likely due to the (Camin˜ as, 2004). In the Gulf of Naples, been intentionally killed or injured short haul durations in this area. Based 28.1 percent of loggerheads recovered (Kopsida et al., 2002). While some on available information from multiple from 1993–1996 had injuries attributed turtles incidentally captured are used areas of the Mediterranean, and to boat strikes (Bentivegna and for consumption, it has been reported assuming that comatose animals die if Paglialonga, 1998). Along the Greece that some fishermen kill the sea turtles released in that condition, the overall coastline from 1997–1999, boat strikes they catch for a variety of other reasons, average mortality rate for bottom were reported as a seasonal including non-commercial use, trawlers was estimated to be 20 percent phenomenon in stranded turtles hostility, prejudice, recovery of hooks, (Casale, 2008). This results in at least (Kopsida et al., 2002), but numbers were and ignorance (Laurent et al., 1996; 7,400 turtles killed per year by bottom not presented. Godley et al., 1998a; Gerosa and Casale, trawlers in all of the Mediterranean, but Direct or indirect disposal of 1999; Casale, 2008). the number is likely more than 10,000 anthropogenic debris introduces (Casale, 2008). potentially lethal materials into Natural environmental events also Mid-water trawling may have less loggerhead foraging habitats. may affect loggerheads in the total impact on sea turtles found in the Unattended or discarded nets, floating Mediterranean. Cyclonic storms that Mediterranean than some other gear plastics and bags, and tar balls are of closely resemble tropical cyclones in types, but interactions still occur. Casale particular concern (Camin˜ as, 2004; satellite images occasionally form over et al. (2004) found that while no turtles Margaritoulis, 2007). Monofilament the Mediterranean Sea (Emanuel, 2005). were caught on observed mid-water netting appears to be the most While hurricanes typically do not occur trawl trips in the North Adriatic Sea, dangerous waste produced by the in the Mediterranean, researchers have vessel captains reported 13 sea turtles fishing industry (Camin˜ as, 2004). In the suggested that climate change could captured from April to September. Mediterranean, 20 of 99 loggerhead Considering total fishing effort, these trigger hurricane development in this turtles examined from Maltese fisheries area in the future (Gaertner et al., 2007). reports resulted in a minimum total were found contaminated with plastic catch estimate of 161 turtles/year in the Any significant storm event that may or metal litter and hydrocarbons, with Italian mid-water trawl fishery. Off develop could disrupt loggerhead crude oil being the most common Turkey, 71 loggerheads were captured nesting activity and hatchling pollutant (Gramentz, 1988). Of 54 in mid-water trawls from 1995–1996, production, but the results are generally juvenile loggerhead turtles incidentally while 43 loggerheads were incidentally localized and rarely result in whole- caught by fisheries in Spanish taken in bottom trawls (Oruc¸, 2001). In scale losses over multiple nesting Mediterranean waters, 79.6 percent had this same study, of a total 320 turtles seasons. debris in their digestive tracts (Tomas et captured in mid-water trawls al., 2002). In this study, plastics were Similar to other areas of the world, (loggerheads and greens combined), 95 the most frequent type of marine debris climate change and sea level rise have percent were captured alive and observed (75.9 percent), followed by tar the potential to impact loggerheads in apparently healthy. While the total (25.9 percent). However, an examination the Mediterranean. Over the long term, catch numbers throughout the of stranded sea turtles in Northern Mediterranean turtle populations could Mediterranean have not been estimated, Cyprus and Turkey found that only 3 of be threatened by the alteration of mid-water trawl fisheries do present a 98 animals were affected by marine threat to loggerhead sea turtles. thermal sand characteristics (from debris (Godley et al., 1998b). global warming), resulting in the Other Gear Types Pollutant waste in the marine reduction or cessation of female Seine, dredge, trap/pot, and hook and environment may impact loggerheads, hatchling production (Camin˜ as, 2004). line fisheries operate in Mediterranean likely more than other sea turtle species. Further, a significant rise in sea level waters and may affect loggerhead Omnivorous loggerheads stranded in would restrict loggerhead nesting turtles, although incidental captures in Cyprus, Greece, and Scotland had the habitat in the eastern Mediterranean. highest organochlorine contaminant these gear types are largely unknown In summary, we find that the concentrations, as compared to green (Camin˜ as, 2004). Artisanal fisheries Mediterranean Sea DPS of the using a variety of gear types also have and leatherback turtles (Mckenzie et al., 1999). In northern Cyprus, Godley et al. loggerhead sea turtle is negatively the potential for sea turtle takes, but the affected by both natural and manmade effects of most artisanal gear types on (1999) found heavy metal impacts as described above in Factor E. sea turtles have not been estimated. concentrations (mercury, cadmium, and lead) to be higher in loggerheads than Within Factor E, we find that fishery Other Manmade and Natural Impacts green turtles. Even so, concentrations of bycatch that occurs throughout the Other anthropogenic threats, such as contaminants from sea turtles in Mediterranean Sea, particularly bycatch interactions with recreational and Mediterranean waters were found to be mortality of loggerheads from pelagic commercial vessels, marine pollution, comparable to other areas, generally and bottom longline, set net, driftnet, and intentional killing, also impact with levels lower than concentrations and trawl fisheries, is a significant loggerheads found in the Mediterranean. shown to cause deleterious effects in threat to the persistence of this DPS. In Propeller and collision injuries from other species (Godley et al., 1999; addition, boat strikes are becoming more boats and ships are becoming more Mckenzie et al., 1999). However, lead common and are likely also a significant common in sea turtles, although it is concentrations in some Mediterranean threat to the persistence of this DPS. unclear as to whether the events are loggerhead hatchlings were at levels increasing or just the reporting of the known to cause toxic effects in other injuries. Speedboat impacts are of vertebrate groups (Godley et al., 1999).

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00042 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12639

South Atlantic Ocean DPS Neritic/Oceanic Zones shells, and eggs likely was a factor that contributed to the historic decline of A. The Present or Threatened Human activities that impact bottom habitat in the loggerhead neritic and this DPS. However, current harvest Destruction, Modification, or levels are greatly reduced from historic Curtailment of Its Habitat or Range oceanic zones in the South Atlantic Ocean include fishing practices, levels. Although harvest is known to Terrestrial Zone channel dredging, sand extraction, still occur in Brazil and southern marine pollution, and climate change Atlantic Africa, it no longer appears to Destruction and modification of (e.g., Ibe, 1996; Silva et al., 1997). be a significant threat to the persistence loggerhead nesting habitat in the South General human activities have altered of this DPS. Atlantic result from coastal ocean ecosystems, as identified by C. Disease or Predation development and construction, ecosystem models (http:// The potential exists for diseases and placement of erosion control structures www.lme.noaa.gov). On the western endoparasites to impact loggerheads and other barriers to nesting, beachfront side of the South Atlantic, the Brazil found in the South Atlantic Ocean. lighting, vehicular and pedestrian Current LME region is characterized by There have been five confirmed cases of traffic, sand extraction, beach erosion, the Global International Waters fibropapillomatosis in loggerheads in beach sand placement, beach pollution, Assessment as suffering severe impacts Brazil (Baptistotte, 2007). There is no removal of native vegetation, and in the areas of pollution, coastal habitat indication that this disease poses a planting of non-native vegetation modification, and overexploitation of major threat for this species in the (D’Amato and Marczwski, 1993; fish stocks (Marques et al., 2004). The eastern South Atlantic (Formia et al., Marcovaldi and Marcovaldi, 1999; Naro- Patagonian Shelf LME is moderately 2007). Maciel et al., 1999; Marcovaldi et al., affected by pollution, habitat Eggs and nests in Brazil experience 2002b, 2005; Marcovaldi, 2007). modification, and overfishing (Mugetti depredation, primarily by foxes et al., 2004). On the eastern side of the The primary nesting areas for (Marcovaldi and Laurent, 1996). Nests South Atlantic, the Benguela Current loggerheads in the South Atlantic are in laid by loggerheads in the southern LME has been characterized as the states of Sergipe, Bahia, Espı´rito Atlantic African coastline, if any, likely moderately impacted in the area of Santo, and Rio de Janeiro in Brazil experience similar predation pressures overfishing, with future conditions (Marcovaldi and Marcovaldi, 1999). to those on nests of other species laid expected to worsen by the Global These primary nesting areas are in the same area (e.g., jackals depredate International Waters Assessment monitored by Projeto TAMAR, the green turtle nests in Angola; Weir et al., (Prochazka et al., 2005). Climate change national sea turtle conservation program 2007). also may result in future trophic in Brazil. Since 1980, Projeto TAMAR Loggerheads in the South Atlantic changes, thus impacting loggerhead has worked to establish legal protection also may be impacted by harmful algal prey abundance and/or distribution. for nesting beaches (Marcovaldi and In summary, we find that the South blooms (Gilbert et al., 2005). Marcovaldi, 1999). As such, human Atlantic Ocean DPS of the loggerhead In summary, although disease and activities, including sand extraction, sea turtle is negatively affected by predation are known to occur, beach nourishment, seawall ongoing changes in its marine habitats quantitative data are not sufficient to construction, beach driving, and as a result of land and water use assess the degree of impact of these artificial lighting, that can negatively practices as considered above in Factor threats on the persistence of this DPS. impact sea turtle nesting habitat, as well A. However, sufficient data are not D. Inadequacy of Existing Regulatory as directly impact nesting turtles and available to assess the significance of Mechanisms their eggs and hatchlings during the these threats to the persistence of this International Instruments reproductive season, are restricted by DPS. various State and Federal laws The BRT identified several regulatory (Marcovaldi and Marcovaldi, 1999; B. Overutilization for Commercial, mechanisms that apply to loggerhead Marcovaldi et al., 2002b, 2005). Recreational, Scientific, or Educational sea turtles globally and within the South Purposes Nevertheless, tourism development in Atlantic Ocean. The reader is directed to coastal areas in Brazil is high, and Deliberate hunting of loggerheads for sections 5.1.4. and 5.2.9.4. of the Status Projeto TAMAR works toward raising their meat, shells, and eggs is reduced Review for a discussion of these awareness of turtles and their from previous exploitation levels, but regulatory mechanisms. Hykle (2002) conservation needs through educational still exists. Limited numbers of eggs are and Tiwari (2002) have reviewed the and informational activities at their taken for human consumption in Brazil, effectiveness of some of these Visitor Centers that are dispersed but the relative amount is considered international instruments. The problems throughout the nesting areas minor when compared to historical rates with existing international treaties are (Marcovaldi et al., 2005). of egg collection (Marcovaldi and often that they have not realized their Marcovaldi, 1999; Marcovaldi et al., full potential, do not include some key In terms of non-native vegetation, the 2005; Almeida and Mendes, 2007). Use countries, do not specifically address majority of nesting beaches in northern of sea turtles including loggerheads for sea turtle conservation, and are Bahia, where loggerhead nesting density medicinal purposes occasionally occurs handicapped by the lack of a sovereign is highest in Brazil (Marcovaldi and in northeastern Brazil (Alves and Rosa, authority to enforce environmental Chaloupka, 2007), have coconut 2006). Use of bycaught loggerheads for regulations. The ineffectiveness of plantations dating back to the 17th subsistence and medicinal purposes is international treaties and national century backing them (Naro-Maciel et likely to occur in southern Atlantic legislation is oftentimes due to the lack al., 1999). It is impossible to assess Africa, based on information from of motivation or obligation by countries whether this structured habitat has central West Africa (Fretey, 2001; Fretey to implement and enforce them. A resulted in long-term changes to the et al., 2007). thorough discussion of this topic is loggerhead nesting rookery in northern In summary, the harvest of available in a special 2002 issue of the Bahia. loggerheads in Brazil for their meat, Journal of International Wildlife Law

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00043 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12640 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

and Policy: International Instruments identified above, Marcovaldi et al. middle of the South Atlantic, and Marine Turtle Conservation (Hykle (2006) have identified longlining as the loggerhead bycatch by longlines was 2002). major source of incidental capture of reported to be low, relative to other loggerhead turtles. Reports of regions in the Atlantic (Mejuto et al., National Legislation and Protection loggerhead bycatch by pelagic longlines 2008). Fishery bycatch that occurs come mostly from the southern portion Other Manmade and Natural Impacts throughout the South Atlantic Ocean is of the Brazilian Exclusive Economic substantial (see Factor E). Although Zone, between 20° S and 35° S latitude. Other anthropogenic impacts, such as national and international governmental Bugoni et al. (2008) reported a boat strikes and ingestion or and non-governmental entities on both loggerhead bycatch rate of 0.52 juvenile entanglement in marine debris, also sides of the South Atlantic are currently turtles/1000 hooks by surface longlines apply to loggerheads in the South working toward reducing loggerhead targeting dolphinfish. Pinedo et al. Atlantic. Bugoni et al. (2001) have bycatch in the South Atlantic, it is (2004) reported seasonal variation in suggested the ingestion of plastic and oil unlikely that this source of mortality bycatch of juvenile loggerheads (and may contribute to loggerhead mortality can be sufficiently reduced across the other sea turtle species) by pelagic on the southern coast of Brazil. Plastic range of the DPS in the near future longlines in the same region of Brazil, marine debris in the eastern South because of the diversity and magnitude with the highest rates (1.85 turtles/1000 Atlantic also may pose a problem for of the commercial and artisanal fisheries hooks) in the austral spring. Kotas et al. loggerheads and other sea turtles (Ryan, operating in the South Atlantic, the lack (2004) reported the highest rates of 1996). Similar to other areas of the of comprehensive information on loggerhead bycatch (greater than 10 world, climate change and sea level rise fishing distribution and effort, turtles/1000 hooks) by pelagic longlines have the potential to impact loggerheads limitations on implementing in the austral summer/fall months. A in the South Atlantic. demonstrated effective conservation study based on several years found that Oil reserve exploration and extraction measures, geopolitical complexities, the highest rate of loggerhead bycatch in activities also may pose a threat for sea limitations on enforcement capacity, pelagic longlines off Uruguay and Brazil turtles in the South Atlantic. Seismic and lack of availability of was in the late austral summer month of surveys in Brazil and Angola have comprehensive bycatch reduction February: 2.72 turtles/1000 hooks recorded sea turtle occurrences near the technologies. (Lopez-Medilaharsu et al., 2007). Sales seismic work (Gurjao et al., 2005; Weir In summary, our review of regulatory et al. (2008) reported a loggerhead et al., 2007). While no sea turtle takes mechanisms under Factor D bycatch rate of 0.87/1000 hooks near the were directly observed on these surveys, demonstrates that although regulatory Rio Grande Elevacao do Rio Grande, increased equipment and presence in mechanisms are in place that should about 600 nautical miles off the coast of the water that is associated with these address direct and incidental take of southern Brazil. In Uruguayan waters, activities also increases the likelihood of South Atlantic Ocean loggerheads, these the primary fisheries with loggerhead sea turtle interactions (Weir et al., 2007). regulatory mechanisms are insufficient bycatch are bottom trawlers and Natural environmental events may or are not being implemented effectively longlines (Domingo et al., 2006). affect loggerheads in the South Atlantic. to address the needs of loggerheads. We Domingo et al. (2008) reported bycatch However, while a rare hurricane hit find that the threat from the inadequacy rates of loggerheads of 0.9–1.3/1000 Brazil in March 2004, typically ° of existing regulatory mechanisms for hooks by longline deployed south of 30 hurricanes do not occur in the South fishery bycatch (Factor E) is significant S latitude. In waters off Argentina, Atlantic (McTaggart-Cowan et al., 2006). relative to the persistence of this DPS. bottom trawlers also catch some This is generally due to higher loggerheads (Domingo et al., 2006). windspeeds aloft, preventing the storms E. Other Natural or Manmade Factors In the eastern South Atlantic, sea from gaining height and therefore Affecting Its Continued Existence turtle bycatch in fisheries has been strength. Incidental Bycatch in Fishing Gear documented from Gabon to South Africa In summary, we find that the South (Fretey, 2001). Limited data are Atlantic Ocean DPS of the loggerhead Incidental capture of sea turtles in available on bycatch of loggerheads in sea turtle is negatively affected by both artisanal and commercial fisheries is a coastal fisheries, although loggerheads natural and manmade impacts as significant threat to the survivability of are known (or strongly suspected) to described above in Factor E. Within loggerheads in the South Atlantic. Sea occur in coastal waters from Gabon to Factor E, we find that fishery bycatch, turtles may be caught in pelagic and South Africa (Fretey, 2001; Bal et al., particularly bycatch mortality of demersal longlines, drift and set 2007; Weir et al., 2007). Coastal loggerheads from pelagic longline gillnets, bottom and mid-water trawling, fisheries implicated in bycatch of fisheries, is a significant threat to the fishing dredges, pound nets and weirs, loggerheads and other turtles include persistence of this DPS. haul and purse seines, pots and traps, gillnets, beach seines, and trawlers (Bal Extinction Risk Assessments and hook and line gear. In the western et al., 2007). South Atlantic, there are various efforts In the high seas, longlines are used by In addition to the status evaluation aimed at mitigating bycatch of sea fishing boats targeting tuna and and listing factor analysis provided turtles in various fisheries. In Brazil, swordfish in the eastern South Atlantic. above, the BRT conducted two there is the National Action Plan to A recent study by Honig et al. (2008) independent analyses to assess Reduce Incidental Capture of Sea estimates 7,600–120,000 sea turtles are extinction risks of the nine identified Turtles in Fisheries, coordinated by incidentally captured by commercial DPSs. These analyses provided Projeto TAMAR (Marcovaldi et al., longlines fishing in the Benguela additional insights into the status of the 2006). This action plan focuses on both Current LME; 60 percent of these are nine DPSs. The first analysis used the artisanal and commercial fisheries, and loggerheads. Petersen et al. (2007, 2009) diffusion approximation approach based collects data directly from fishers as reported that the rate of loggerhead on time series of counts of nesting well as on-board observers. Although bycatch in South African longliners was females (Lande and Orzack, 1988; loggerheads have been observed as around 0.02 turtles/1000 hooks, largely Dennis et al., 1991; Holmes, 2001; bycatch in all fishing gear and methods in the Benguela Current LME. In the Snover and Heppell, 2009). This

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00044 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12641

analysis provided a metric indicating increasing trends at nesting The SQE approach indicated that, (susceptibility to quasi-extinction or beaches (Southwest Indian Ocean and based on nest count data for the past 3 SQE) to determine if the probability of South Atlantic Ocean), available decades, the South Pacific Ocean DPS is a population’s risk of quasi-extinction is information about anthropogenic threats at risk and thus likely to decline in the high enough to warrant a particular to juvenile and adult loggerheads in future. These results were based on listing status (Snover and Heppell, neritic and oceanic environments recently published nesting census data 2009). The term ‘‘quasi-extinction’’ is indicate possible unsustainable for loggerhead turtles at index beaches defined by Ginzburg et al. (1982) as the additional mortalities. According to the in eastern Australia (Limpus, 2009). The minimum number of individuals (often threat matrix analysis, the potential for threat matrix analysis provided females) below which the population is future decline is greatest for the North uncertain results: in the case of the likely to be critically and immediately Indian Ocean, Northwest Atlantic lowest anthropogenic threats, the South imperiled. The diffusion approximation Ocean, Northeast Atlantic Ocean, Pacific Ocean DPS may recover, but in approach is based on stochastic Mediterranean Sea, and South Atlantic the worst-case scenario, the DPS may projections of observed trends and Ocean DPSs. substantially decline in the future. variability in the numbers of mature The BRT’s approach to the risk These results are largely driven by the females at various nesting beaches. The analysis presented several important ongoing threats to juvenile and adult second approach used a deterministic points. First, the lack of precise loggerheads from fishery bycatch that stage-based population model that estimates of age at first reproduction occur throughout the South Pacific focused on determining the effects of hindered precise assessment of the Ocean and the uncertainty in estimated known anthropogenic mortalities on status of any DPS. Within the range of mortalities. each DPS with respect to the vital rates possible ages at first reproduction of the For the North Indian Ocean DPS, of the species. Anthropogenic species, however, some DPSs could there were no nesting beach data mortalities were added to natural decline rapidly regardless of the exact available to conduct the SQE analysis. mortalities and possible ranges of age at first reproduction because of high The threat matrix analysis indicated a population growth rates were computed anthropogenic mortality. decline of the DPS in the future, as another metric of population health. Second, the lack of precise estimates primarily as a result of fishery bycatch Because this approach is based on of anthropogenic mortalities resulted in in neritic habitats. Cumulatively, matrix models, the BRT referred to it as a wide range of possible status using the substantial threats may exist for eggs/ hatchlings. Because of the lack of a threat matrix analysis. This approach threat matrix analysis. For the best case precise estimates of bycatch, however, focused on how additional mortalities scenario, a DPS may be considered may affect the future growth and the range of possible λ values was large. healthy, whereas for the worst case Similar to the North Indian Ocean recovery of a loggerhead turtle DPS. The scenario the same DPS may be first approach (SQE) was solely based DPS, no nesting beach data were considered as declining rapidly. The available for the Southeast Indo-Pacific on the available time-series data on the precise prognosis of each DPS relies on numbers of nests at nesting beaches, Ocean DPS. The level of anthropogenic obtaining precise estimates of mortalities is low for the Southeast whereas the second approach (threat anthropogenic mortality and vital rates. matrix analysis) was based on the Indo-Pacific Ocean DPS, based on the Third, the assessment of a population known biology of the species, natural best available information, resulting in without the information on natural and mortality rates, and anthropogenic relatively large Pl (the proportion of λ anthropogenic mortalities is difficult. mortalities, independent of observed values greater than 1) and a narrow Because of the longevity of the species, nesting beach data. range. The greatest threats for the The BRT found that for three of five loggerhead turtles require high survival Southeast Indo-Pacific Ocean DPS exist DPSs with sufficient data to conduct the rates throughout their life to maintain a for the first year of the life stages (eggs SQE analysis (North Pacific Ocean, population. Anthropogenic mortality on and hatchlings). South Pacific Ocean, and Northwest the species occurs at every stage of their For the Southwest Indian Ocean DPS, Atlantic Ocean), these DPSs were at risk life, where the exact magnitude of the the SQE approach, based on a 37-year of declining to levels that are less than mortality is often unknown. As time series of nesting female counts at 30 percent of the current numbers of described in the Status Review, the Tongaland, South Africa (1963–1999), nesting females (quasi-extinction upper end of natural mortality can be indicated this segment of the thresholds < 0.30). The BRT found that computed from available information. population, while small, has increased, for the other two DPSs with sufficient Nesting beach count data for the and the likelihood of quasi-extinction is data to conduct the SQE analysis North Pacific Ocean DPS indicated a negligible. The threat matrix analysis, (Southwest Indian Ocean and South decline of loggerhead turtle nesting in on the other hand, provided a wide Atlantic Ocean), the risk of declining to the last 20 years. The SQE approach range of results: in the best case any level of quasi-extinction is reflected the observed decline. scenario, the DPS would grow slowly, negligible using the SQE analysis However, in the threat matrix analysis, whereas in the worst case scenario, the because of the observed increases in the the asymptotic population growth rates DPS would decline in the future. The nesting females in both DPSs. There (λ) with anthropogenic mortalities results of the threat matrix analysis were were not enough data to conduct the ranged from less than one to greater driven by uncertainty in anthropogenic SQE analysis for the North Indian than one, indicating a large uncertainty mortalities in the neritic environment Ocean, Southeast Indo-Pacific Ocean, about the future of the DPS. Fishery and the eggs/hatchlings stage. Northeast Atlantic Ocean, and bycatch along the coast of the Baja Within the Northwest Atlantic Ocean Mediterranean Sea DPSs. Peninsula and the nearshore waters of DPS, four of the five identified recovery According to the threat matrix Japan are the main known sources of units have adequate time series data for analysis using experts’ opinions in the mortalities. Mortalities in the high-seas, applying the SQE analysis; these were matrix model framework, the BRT where a large number of juvenile the Northern, Peninsular Florida, determined that all loggerhead turtle loggerhead turtles reside (Kobayashi et Northern Gulf of Mexico, and Greater DPSs have the potential to decline in al., 2008), from fishery bycatch are still Caribbean Recovery Units. The SQE the future. Although some DPSs are unknown. analysis indicated differences in SQEs

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00045 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12642 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

among these four recovery units. that together inhibit implementation of drift gillnet fishery (68 FR 69963, Although the Northern Gulf of Mexico large-scale management actions December 16, 2003). While this closure Recovery Unit indicated the worst result (Domingo et al., 2006). has not been implemented since the among the four recovery units assessed passage of these regulations due to the Conservation Efforts the length of the time series was shortest lack of conditions occurring in the area, (12 data points). The other three When considering the listing of a such a closure is expected to reduce recovery units, however, appeared to species, section 4(b)(1)(A) of the ESA interactions between the large-mesh show similar declining trends, which requires us to consider efforts by any gillnet fishery and loggerheads by over were also indicated through the SQE State, foreign nation, or political 70 percent. approach. The threat matrix analysis subdivision of a State or foreign nation Loggerhead interactions and indicated a likely decline of the DPS in to protect the species. Such efforts mortalities with coastal fisheries in the future. The greatest threats to the would include measures by Native Mexico and Japan are of concern and are DPS result from cumulative fishery American Tribes and organizations. considered a major threat to North bycatch in neritic and oceanic habitats. Also, Federal, Tribal, State, and foreign Pacific loggerhead recovery. NMFS and Sufficient nesting beach data for the recovery actions (16 U.S.C. 1533(f)), and U.S. non-governmental organizations Northeast Atlantic Ocean DPS were not Federal consultation requirements (16 have worked with international entities available to conduct the SQE analysis. U.S.C. 1536) constitute conservation to: (1) Assess bycatch mortality through The high likelihood of the predicted measures. In addition to identifying systematic stranding surveys in Baja decline of the Northeast Atlantic Ocean these efforts, under the ESA and our California Sur, Mexico; (2) reduce DPS from the threat matrix analysis is policy implementing this provision (68 interactions and mortalities in two largely driven by the ongoing harvest of FR 15100; March 28, 2003) we must bottom-set fisheries in Mexico; (3) nesting females, low hatchling and evaluate the certainty of an effort’s conduct gear mitigation trials to reduce emergence success, and mortality of effectiveness on the basis of whether the bycatch in Japanese pound nets; and (4) juvenile and adult turtles from fishery effort or plan establishes specific convey information to fishers and other bycatch throughout the Northeast conservation objectives; identifies the stakeholders through participatory Atlantic Ocean. The threat matrix necessary steps to reduce threats or activities, events and outreach. analysis indicated a consistently factors for decline; includes quantifiable In 2003, the Grupo Tortuguero’s pessimistic future for the DPS. performance measures for the ProCaguama (Operation Loggerhead) Representative nesting beach data for monitoring of compliance and was initiated to partner directly with the Mediterranean Sea DPS were not effectiveness; incorporates the fishermen to assess and mitigate their available to conduct the SQE analysis. principles of adaptive management; is bycatch while maintaining fisheries The threat matrix analysis indicated the likely to be implemented; and is likely sustainability in Baja California, DPS is likely to decline in the future. to improve the species’ viability at the Mexico. ProCaguama’s fisher-scientist The primary threats are fishery bycatch time of the listing determination. team discovered the highest turtle in neritic and oceanic habitats. bycatch rates documented worldwide North Pacific Ocean DPS The two approaches for determining and has made considerable progress in risks to the South Atlantic Ocean DPS NMFS has formalized two mitigating anthropogenic mortality in provided different, although not conservation actions to protect foraging Mexican waters (Peckham et al., 2007, incompatible, results. The SQE loggerheads in the North Pacific Ocean, 2008). As a result of the 2006 and 2007 approach indicated that, based on nest both of which were implemented to tri-national fishermen’s exchanges run count data for the past 2 decades, the reduce loggerhead bycatch in U.S. by ProCaguama, Sea Turtle Association population was unlikely to decline in fisheries. Prior to 2001, the Hawaii- of Japan, and the Western Pacific the future. These results were based on based longline fishery had annual Fisheries Management Council, in 2007 recently published nesting beach trend interaction levels of 300 to 500 a prominent Baja California Sur fleet analyses by Marcovaldi and Chaloupka loggerhead turtles. The temporary retired its bottom-set longlines. Prior to (2007) and this QET analysis was closure of the shallow-set swordfish this closure, the longline fleet interacted consistent with their conclusions. fishery in 2001 in large part over with an estimated 2,000 loggerheads However, the SQE approach was based concerns of turtle interactions brought annually, with nearly all (approximately on past performance of the DPS, about the immediate need to develop 90 percent) of the takes resulting in specifically only nesting beach data, and effective solutions to reduce turtle mortalities (Peckham et al., 2008). did not address ongoing or future interactions while maintaining the Because this fishery no longer exists, threats to segments of the DPS that viability of the industry. Since the conservation efforts have resulted in the might not have been or might not yet be reopening of the swordfish sector in continued protection of nearly 2,000 reflected by nest count data. The threat 2004, the fishery has operated under juvenile loggerheads annually. matrix approach indicated that the strict management measures, including Led by the Mexican wildlife service South Atlantic Ocean DPS is likely to the use of large circle hooks and fish (Vida Silvestre), a Federal loggerhead decline in the future. These results were bait, restricted annual effort, annual bycatch reduction task force was largely driven by the ongoing mortality caps on loggerhead interactions (17 organized in 2008 to ensure loggerheads threats to juvenile turtles from fishery annually), and 100 percent onboard the protection they are afforded by bycatch that occurs throughout the observer coverage (50 CFR 665.3). As a Mexican law. The task force is South Atlantic Ocean. Although result of these measures, loggerhead comprised of Federal and State conservation efforts by national and interactions in the swordfish fishery agencies, in addition to non- international groups in the South have been reduced by over 90 percent governmental organizations, to solve the Atlantic are currently working toward (Gilman et al., 2007). Furthermore, in bycatch problem, meeting ProCaguama’s mitigating bycatch in the South 2003, NMFS implemented a time/area bottom-up initiatives with Atlantic, it is unlikely that this source closure in southern California during complementary top-down management of mortality can be greatly reduced in forecasted or existing El Nin˜ o-like and enforcement resources. In 2009, the near future, largely due to conditions to reduce the take of while testing a variety of potential inadequate funding and knowledge gaps loggerheads in the California/Oregon solutions, ProCaguama’s fisher-scientist

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00046 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12643

team demonstrated the commercial 2004 and 2008, management activities issue and to maintain viable nesting viability of substituting bycatch-free have been successful with over 160,000 sites. Beach erosion and armament still hook fishing for gillnet fishing. Local hatchlings released from relocated nests remain one of the most significant fishers are interested in adoption of this that would have otherwise been lost to threats to nesting beaches in Japan. gear because the technique results in inundation or erosion, with many more While conservation efforts for the higher quality catch offering access to hatchlings produced from in situ nests. North Pacific Ocean DPS are substantive higher-value markets and potentially The U.S. plans to continue supporting and improving and may be reflected in higher sustainability with zero bycatch. this project in the foreseeable future, the recent increases in the number of From 2010 forward ProCaguama, in increasing relocation activities at other nesting females, they still remain coordination with the task force, will high-density nesting beaches, inadequate to ensure the long-term engineer a market-based bycatch implementing predator control activities viability of the population. For example, solution consisting of hook substitution, to reduce predation by raccoon dogs and while most of the major nesting beaches training to augment ex-vessel fish value, raccoons, and assessing the effects of are monitored, some of the management development of fisheries infrastructure, light pollution at a major nesting beach measures in place are inadequate and linkage of local fleets with regional and (Maehama Beach). Determination of may be inappropriate. On some beaches, international markets, and concurrent hatching success will also be initiated at hatchling releases are coordinated with strengthening of local fisheries several key nesting beaches (Inakahama, the tourist industry or nests are being management. Maehama, Yotsuse, and Kurio, all in trampled on or are unprotected. The The U.S. has also funded non- Yakushima) to provide information to largest threat on the nesting beach, governmental organizations to convey support the removal of armoring reduced availability of habitat due to bycatch solutions to local fishers as well structures and to evaluate the success of heavy armament and subsequent as to educate communities on the relocation and other nest protection erosion, is just beginning to be protection of all sea turtles (i.e., reduce activities. Outreach and education addressed but without immediate directed harvest). Over 3,500 coastal activities in coastal cities will increase attention may ultimately result in the citizens are reached through festivals public awareness of problems with foot demise of the highest density beaches. and local outreach activities, over 45 traffic, light pollution, and armoring. Efforts to reduce loggerhead bycatch in local leaders and dozens of fishermen Egg harvest was common in Japan known coastal fisheries off Baja are empowered to reduce bycatch and until the 1970s, when several of the California, Mexico, and Japan is promote sustainable fishing, and 15 major nesting areas (notably Yakushima encouraging, but concerns remain university and high school students are and Miyazaki) led locally based efforts regarding the mortalities of adult and trained in conservation science. The to ban or eliminate egg harvest. As a juvenile turtles in mid-water pound nets effectiveness of these efforts is difficult result, egg harvest at Japanese nesting and the high costs that may be involved to quantify without several post- beaches was eliminated by the early in replacing and/or mitigating this gear. outreach years of documenting 1980s. With these coastal fishery threats still reductions in sea turtle strandings, The establishment of the Sea Turtle emerging, there has not yet been directed takes, or bycatch in local Association of Japan in 1990 created a sufficient time—or a nationwide fisheries. network of individuals and understanding of the threat—to develop Due to concerns of high adult organizations conducting sea turtle appropriate conservation strategies or loggerhead mortality in mid-water monitoring and conservation activities work to fully engage with the pound nets, as documented in 2006, Sea in Japan for the first time. The Sea government of Japan. Greater Turtle Association of Japan researchers Turtle Association of Japan also served international cooperation and began to engage the pound net operators to standardize data collection methods implementation of the use of circle in an effort to study the impact and (for tagging and measuring). The hooks in longline fisheries operating in reduce sea turtle bycatch. This work Association greatly depends on its the North Pacific Ocean is necessary, as was expanded in 2008 with U.S. members around Japan to gather nesting well as understanding fishery related support and, similar to outreach efforts data as well as to conduct various impacts in the South China Sea. in Mexico, is intended to engage local conservation measures. Further, it is suspected that there are fishermen in conservation throughout Shoreline erosion and bycatch are substantial impacts from illegal, several Japanese prefectures. Research some of the major concerns dealt by the unreported, and unregulated fishing, opportunities will be developed with Sea Turtle Association of Japan today. which we are unable to mitigate without and for local fishermen in order to Much of Japan’s coastline is ‘‘armored’’ additional fisheries management efforts assess and mitigate bycatch. using concrete structures to prevent and and international collaborations. While Since 2003, with the assistance of the minimize impacts to coastal conservation projects for this population U.S., the Sea Turtle Association of Japan communities from natural disasters. have been in place since 2004 for some and, in recent years with the Grupo These structures have resulted in a important areas, efforts in other areas Tortuguero, has conducted nesting number of nesting beaches losing sand are still being developed to address beach monitoring and management at suitable for sea turtle nesting, and nests major threats, including fisheries several major loggerhead nesting are often relocated to safe areas or bycatch and long-term nesting habitat beaches, with the intent of increasing hatcheries to protect them from further protection. the number of beaches surveyed and erosion and inundation. In recent years, protected. Due to logistical problems a portion of the concrete structures at a South Pacific Ocean DPS and costs, the Sea Turtle Association of beach in Toyohashi City, Aichi The New Caledonia Aquarium and Japan’s program had been limited to five Prefecture, was experimentally removed NMFS have collaborated since 2007 to primary rookeries. At these areas, to create better nesting habitat. The Sea address and influence management hatchling production has been Turtle Association of Japan, along with measures of the regional fishery augmented through: (1) Relocation of various other organizations in Japan, are management organization. Their intent doomed nests; and (2) protection of carrying out discussions with local and is to reduce pelagic fishery interactions nests in situ from trampling, Federal government agencies to develop with sea turtles through increased desiccation, and predation. Between further solutions to the beach erosion understanding of pelagic habitat use by

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00047 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12644 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

South Pacific loggerheads using satellite was intense through the mid-1980s, North Indian Ocean DPS telemetry, oceanographic analysis, and with a 90–95 percent predation rate The main threats to North Indian juvenile loggerheads reared at the documented. Fox baiting was Ocean loggerheads are fishery bycatch Aquarium. NMFS augments this effort introduced at Wreck Rock and some and nesting beach habitat loss and by supporting animal husbandry, adjacent beaches in 1987, and has been degradation. Royal Decree 53/81 education and outreach activities successful at reducing the predation rate prohibits the hunting of turtles and eggs coordinated through the New Caledonia to low levels by the late 1990s (Limpus, in Oman. The Ministry of Environment Aquarium to build capacity, and public 2009). To reduce the risk of hatchling and Climate Affairs (MECA) and awareness regarding turtle conservation disorientation due to artificial lighting Environmental Society of Oman (ESO) in general. inland of the nesting beaches adjacent to are collaborating to carry out a number The U.S. has collaborated on at-sea Mon Repos and Heron Island, low of conservation measures at Masirah conservation of sea turtles with Chile pressure sodium vapor lights have been Island for the nesting loggerhead under the U.S.-Chile Fisheries installed or, where lighting has not been population. First and foremost are Cooperation Agreement, and with Peru controlled, eggs are relocated to standardized annual nesting surveys to under a collaboration with El Instituto artificial nests on nearby dark beaches. monitor population trends. del Mar del Peru and local non- Limpus (2009) reported that hatchling Standardized surveys were first governmental organizations. Research mortality due to altered light horizons implemented in 2008. Less complete from this collaboration showed that on the Woongara coast has been reduced nesting surveys have been conducted in loggerheads of southwestern Pacific to a handful of clutches annually. some previous years beginning in 1977, stock origin interact with commercial While most of the conservation efforts but the data have yet to be adequately and artisanal longline fisheries off the for the South Pacific Ocean DPS are South American coast. NMFS has analyzed to determine their usefulness long-term, substantive, and improving, supported efforts by Chile to reduce in determining population size and given the low number of nesting bycatch and mortality by placing trends. Nine kilometers of nesting females, the declining trends, and major observers on vessels who have been habitat within the Masirah Air Force threats that are just beginning to be trained and equipped to dehook, Base is largely protected from tourist addressed, they still remain inadequate resuscitate, and release loggerheads. development but remains subject to to ensure the long-term viability of the Chile also has closed the northernmost light pollution from military operations. population. The use of TEDs in most of sector since 2002, where the The remaining 50 kilometers of loggerheads interactions occur, to the major trawl fisheries in Australia loggerhead nesting beaches are not longline fishing (Miguel Donoso, has certainly reduced the bycatch of protected from egg harvest, lighting, or Pacifico Laud, personal communication, juvenile and adult turtles, as has the beach driving. Currently, MECA is in 2009). Local non-governmental reduction in fox predation on important the process of developing a protected organizations, such as Pacifico Laud nesting beaches. However, the intense area proposal for Masirah Island that (Chile), Associacion Pro Delphinus effort by longline fisheries in the South will address needed protection of (Peru), and Areas Costeras y Recursos Pacific, particularly from artisanal fleets nesting beaches, including protection Marinos (Peru), have been engaged in operating out of Peru, and its estimated from egg collection and beach driving. outreach and conservation activities impact on this loggerhead population, In the meantime, development is promoting loggerhead bycatch particularly oceanic juveniles, remains a continuing and it is uncertain how reduction, with support from NMFS. significant threat that is just beginning much, when, and if nesting habitat will Coastal trawl fisheries also threaten to be addressed by most participating receive adequate protection. MECA is juvenile and adult loggerheads foraging countries, including the regional fishery beginning to regulate artificial lighting off eastern Australia, particularly the management council(s) that manage in new development. In 2010, a major northern Australian prawn fishery many of these fleets. Modeling by outreach effort in the form of a Turtle (estimated to take between 5,000 and Chaloupka (2003) showed the impact of Celebration Day is planned at Masirah 6,000 turtles annually in the late 1980s/ this fleet poses a greater risk than either Island to raise greater awareness of the early 1990s). However, since the fox predation at major nesting beaches local communities about the global introduction and requirement for these (90 percent egg loss per year during importance of the Masirah Island fisheries to use turtle excluder devices unmanaged periods) or past high loggerhead nesting population and to in 2000, that threat has been drastically mortalities in coastal trawl fisheries. increase community involvement in reduced, to an estimated 200 turtles/ The recent sea turtle conservation conservation efforts. Nesting surveys are year (Robins et al., 2002a). Turtle resolution by the Western and Central also being conducted on the Halaniyat excluder devices were also made Pacific Fisheries Commission, requiring Islands. There are no specific efforts mandatory in the Queensland East Coast longline fleets to use specific gear and underway to designate Halaniyat trawl fisheries (2000), the Torres Strait collect information on bycatch, is nesting beaches as Protected Areas in prawn fishery (2002), and the Western encouraging but took effect in January the face of proposed development plans. Australian prawn and scallop fisheries 2010, so improvement in the status of Although important management (2002) (Limpus, 2009). this population may not be realized for actions are underway on the nesting Predation of loggerhead eggs by foxes many years. Potentially important beaches, their effectiveness has yet to be was a major threat to nests laid in pelagic foraging habitat in areas of high determined and the potential for strong eastern Australia through the late 1970s, fishing intensity remains poorly studied habitat protection and restoration of particularly on Mon Repos and Wreck but is improving through U.S. and degraded nesting habitat remains Rock. Harassment by local residents and international collaborations. While a uncertain. At present, hatchling researchers, as well as baiting and comprehensive conservation program production is not measured. shooting, discouraged foxes from for this population has been in place for The only research that has been encroaching on the nesting beach at important nesting beaches, efforts in conducted on the nesting population to Mon Repos so that by the mid-1970s, other areas are still being developed to date was a study of internesting and predation levels had declined to trivial address major threats, including post-nesting movements conducted in levels. At Wreck Rock, fox predation fisheries bycatch. 2006 when 20 nesting females were

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00048 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12645

instrumented with satellite transmitters. nesting turtles on the mainland beaches from important conservation efforts at This research identified important inter- (Baldwin et al., 2003). Fox populations the nesting beaches. seasonal foraging grounds but is have been eradicated on Dirk Hartog All principal nesting beaches, considered incomplete, and additional Island and Murion Islands (Baldwin et centered in South Africa, are within nesting females will be satellite tagged al., 2003), and threat abatement plans protected areas (Baldwin et al., 2003). In in 2010–2012 to assess clutch have been implemented for the control Mozambique, nesting beaches in the frequency, interactions with local of foxes (1999) and feral pigs (2005). Maputo Special Reserve (approximately fisheries, and inter-nesting and post- The international regulatory 60 kilometers of nesting beach) and in nesting movements. In 2009, efforts to mechanisms described in Section 5.1.4. the Paradise Islands are also within investigate loggerhead bycatch in gillnet of the Status Review apply to protected areas (Baldwin et al., 2003; fisheries at Masirah were initiated, and loggerheads found in the Southeast Costa et al., 2007). some fisherman have agreed to Indo-Pacific Ocean. In addition, The international regulatory cooperate and document bycatch in loggerheads of this DPS benefit from the mechanisms described in Section 5.1.4. 2010. Indian Ocean-South-East Asian Marine of the Status Review apply to While conservation efforts for the Turtle Memorandum of Understanding loggerheads found in the Southwest North Indian Ocean loggerhead DPS are (IOSEA). Efforts facilitated by IOSEA Indian Ocean. In addition, loggerheads substantive and improving, they still have focused on reducing threats, of this DPS benefit from the Indian remain inadequate to ensure the long- conserving important habitat, Ocean-South-East Asian Marine Turtle term viability of the population. For exchanging scientific data, increasing Memorandum of Understanding example, there is currently no public awareness and participation, (IOSEA) and the Nairobi Convention for assessment of hatchling production on promoting regional cooperation, and the Protection, Management and the main nesting beaches, no efforts seeking resources for implementation. Development of the Marine and Coastal underway to restore the largely Currently, there are 30 IOSEA signatory Environment of the Eastern African degraded nesting habitat on the major states. Region. In spite of these conservation efforts, nesting beaches, and little In 2000, the use of turtle excluder understanding or knowledge of foraging caution in the status of this DPS lies devices in the Northern Australian with its small population size, grounds for juveniles or adults and the Prawn Fishery (NPF) was made extent of their interactions with inadequate efforts to measure bycatch in mandatory. Prior to the use of TEDs in fisheries. There is no information on the region, and missing vital rates data this fishery, the NPF annually took bycatch from fisheries off the main necessary for population assessments. between 5,000 and 6,000 sea turtles as nesting beaches other than reports that bycatch, with a mortality rate estimated Northwest Atlantic Ocean DPS this bycatch occurs. A comprehensive to be 40 percent (Poiner and Harris, conservation program for this The main threats to Northwest 1996). Since the mandatory use of TEDs population is under development, but is Atlantic Ocean loggerheads include has been in effect, the annual bycatch of incomplete relative to fisheries bycatch fishery bycatch mortality, particularly in sea turtles in the NPF has dropped to and long-term nesting habitat gillnet, longline, and trawl fisheries; less than 200 sea turtles per year, with protection. nesting beach habitat loss and a mortality rate of approximately 22 degradation (e.g., beachfront lighting, Southeast Indo-Pacific Ocean DPS percent (based on recent years). coastal armoring); and ingestion of The level of anthropogenic mortalities Beginning progress has been made to marine debris during the epipelagic is low for the Southeast Indo-Pacific measure the threat of incidental capture lifestage. In addition, mortality from Ocean DPS, based on the best available of sea turtles in other artisanal and vessel strikes is increasing and likely information. However, there are many commercial fisheries in the Southeast also a significant threat to this DPS. known opportunities for conservation Indo-Pacific Ocean (Lewison et al., Mortality resulting from domestic and efforts that would aid recovery. Some 2004; Limpus, 2009), however, the data international commercial fishing ranks significant conservation efforts are remain inadequate for stock assessment. among the most significant threats to underway. As in other DPSs, persistent marine Northwest Atlantic loggerheads. Fishing One of the principal nesting beaches debris poses entanglement and ingestion gear types include gillnets, trawls, hook for this DPS, Australia’s Dirk Hartog hazards to loggerheads. In 2009, and line (e.g., longlines), seines, Island, is part of the Shark Bay World Australia’s Department of the dredges, and various types of pots/traps. Heritage Area and was recently Environment, Water, Heritage and the Among these, gillnets, longlines, and announced to become part of Australia’s Arts published a threat abatement plan trawl gear collectively result in tens of National Park System. This designation for the impacts of marine debris on thousands of Northwest Atlantic may facilitate monitoring of nesting vertebrate marine life. loggerhead deaths annually throughout beaches and enforcement of In spite of these conservation efforts, their range (see for example, Lewison et prohibitions on direct take of considerable uncertainty in the status of al., 2004; NMFS, 2002, 2004). loggerheads and their eggs. Loggerheads this DPS lies with inadequate efforts to Considerable effort has been are listed as Endangered under measure bycatch in the region, a short expended since the 1980s to document Australia’s Environment Protection and time-series of monitoring on nesting and reduce commercial fishing bycatch Biodiversity Conservation Act of 1999. beaches, and missing vital rates data mortality. NMFS has implemented Conservation efforts on nesting necessary for population assessments. observer programs in many Federally beaches have included invasive managed and some State-managed Southwest Indian Ocean DPS predator control. On the North West fisheries to collect turtle bycatch data Cape and the beaches of the Ningaloo The Southwest Indian Ocean DPS is and estimate mortality. NMFS, working coast of mainland Australia, a long small but has experienced an increase in with industry and other partners, has established feral European red fox numbers of nesting females. Although reduced bycatch in some fisheries by (Vulpes vulpes) population preyed there is considerable uncertainty in developing technological solutions to heavily on eggs and is thought to be anthropogenic mortalities, especially in prevent capture or to allow most turtles responsible for the lower numbers of the water, the DPS may have benefitted to escape without harm (e.g., TEDs), by

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00049 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12646 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

implementing time and area closures to spring and early summer. The State of on the nesting beach. A key effort has prevent interactions from occurring North Carolina, working with NMFS been the acquisition of Archie Carr (e.g., prohibitions on gillnet fishing through the ESA section 10 process, has National Wildlife Refuge in Florida, along the mid-Atlantic coast during the been making some progress in reducing where nesting densities often exceed periods of high loggerhead abundance), bycatch of loggerheads in gillnet 600 nests per km (1,000 nests per mile). and by modifying gear (e.g., fisheries operating in Pamlico Sound. Over 60 percent of the available requirements to reduce mesh size in the The large mesh driftnet fishery for beachfront acquisitions for the Refuge leaders of pound nets to prevent sharks off the Atlantic coast of Florida have been completed as the result of a entanglement, requirements to use large and Georgia remains a concern as do multi-agency land acquisition effort. In circle hooks with certain bait types in gillnet fisheries operating elsewhere in addition, 14 additional refuges, as well segments of the pelagic longline the range of the DPS, including Mexico as numerous coastal national seashores, fishery). NMFS is currently working to and Cuba. military installations, and State parks in implement a coastwide, comprehensive Observer programs have documented the Southeast where loggerheads strategy to reduce bycatch of sea turtles significant bycatch of loggerheads in the regularly nest are also provided in State and Federal fisheries in the U.S. U.S. longline fishery operating in the protection. However, despite these Atlantic and Gulf of Mexico. This Atlantic Ocean and Gulf of Mexico. In efforts, alteration of the coastline approach was developed to address sea recent years, NMFS has dedicated continues, and outside of publicly turtle bycatch issues on a per-gear basis, significant funding and effort to address owned lands, coastal development and with a goal of developing and this bycatch issue. In partnership with associated coastal armoring remains a implementing coastwide solutions for academia and industry, NMFS has serious threat. reducing turtle bycatch inshore, funded and conducted field Efforts are also ongoing to reduce light nearshore, and offshore. experiments in the Northwest Atlantic pollution on nesting beaches. A The development and implementation Ocean to develop gear modifications significant number of local governments of TEDs in the shrimp trawl fishery is that eliminate or significantly reduce in the southeast U.S. have enacted arguably the most significant loggerhead bycatch. As a result of these lighting ordinances designed to reduce conservation accomplishment for experiments, NMFS now requires the the effects of artificial lighting on sea Northwest Atlantic loggerheads in the use of circle hooks fleet wide and larger turtles. However, enforcement of the marine environment since their listing. circle hooks in combination with whole lighting ordinances varies considerably. In the southeast U.S. and Gulf of finfish bait in the Northeast Distant area With regard to marine debris, the Mexico, TEDs have been mandatory in (69 FR 40734, June 1, 2004). MARPOL Convention (International shrimp and flounder trawls for over a The incidental capture and mortality Convention for the Prevention of decade. However, TEDs are not required of loggerheads by international longline Pollution from Ships, 1973, as modified in all trawl fisheries, and significant fleets operating in the North Atlantic by the Protocol of 1978) is the main loggerhead mortality continues in some Ocean and Mediterranean Sea is of great international convention that addresses trawl fisheries. In addition, enforcement concern. The U.S. has been attempting prevention of pollution (including oil, of TED regulations depends on available to work through Regional Fisheries chemicals, harmful substances in resources, and illegal or improperly Management Organizations, such as the packaged form, sewage, and garbage) of installed TEDs continue to contribute to International Commission for the the marine environment by ships from mortality. Conservation of Atlantic Tunas, to operational or accidental causes. Gillnets of various mesh sizes are encourage member nations to adopt gear However, challenges remain to used extensively to harvest fish in the modifications (e.g., large circle hooks) implementation and enforcement of the Atlantic Ocean and Gulf of Mexico. All that have been shown to significantly MARPOL Convention, and on its own size classes of loggerheads in coastal reduce loggerhead bycatch. To date, the Convention does not suffice to waters are prone to entanglement in limited success in reducing loggerhead prevent all instances of marine gillnets, and, generally, the larger the bycatch has been achieved in these pollution. mesh size the more likely that turtles international forums. The seriousness of the threat caused will become entangled. State resource Although numerous efforts are by vessel strikes to loggerheads in the agencies and NMFS have been underway to reduce loggerhead bycatch Atlantic and Gulf of Mexico cannot be addressing this issue on several fronts. in fisheries, and many positive actions overstated. This growing problem is In the southeast U.S., gillnets are have been implemented, it is unlikely particularly difficult to address. In some prohibited in the State waters of South that this source of mortality can be cases, NMFS, through section 7 of the Carolina, Georgia, Florida, and Texas sufficiently reduced across the range of ESA, has worked with the U.S. Coast and are restricted to fishing for the DPS in the near future because of Guard in an attempt to reduce the pompano and mullet in saltwater areas the diversity and magnitude of the probability of vessel strikes during of Louisiana. Reducing bycatch of fisheries operating in the North Atlantic, permitted offshore race events. loggerheads in the remaining State and the lack of comprehensive information However, most vessel strikes occur Federally regulated gillnet fisheries of on fishing distribution and effort, outside of these venues and the growing the U.S. Atlantic and Gulf of Mexico has limitations on implementing number of licensed vessels, especially not been fully accomplished. NMFS has demonstrated effective conservation inshore and nearshore, exacerbates the addressed the issue for several Federally measures, geopolitical complexities, conflict. managed fisheries, such as the large- limitations on enforcement capacity, A number of regulatory instruments at mesh gillnet fishery (primarily for and lack of availability of international, regional, national, and monkfish) along the Atlantic coast, comprehensive bycatch reduction local levels have been developed that where gillnets larger than 8-inch technologies. provide legal protection for loggerhead stretched mesh are now regulated in In the southeast U.S., nest protection sea turtles globally and within the North Carolina and Virginia through efforts have been implemented on the Northwest Atlantic Ocean. The Status rolling closures timed to match the majority of nesting beaches, and Review identifies and includes a northward migration of loggerheads progress has been made in reducing discussion of these regulatory along the mid-Atlantic coast in late mortality from human-related impacts instruments (Conant et al., 2009). The

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12647

problems with existing international The non-governmental organization protection of even the most important treaties are often that they have not SOS Tartarugas began conservation nesting beaches, law enforcement, and realized their full potential, do not work on the important nesting beaches bycatch have not even begun to be include some key countries, do not of Sal in 2008. In May 2009, USFWS addressed. While there is definite specifically address sea turtle funded a workshop in Cape Verde to improvement in a once gloomy situation conservation, and are handicapped by bring together representatives from the as recent as 2 years ago, the future of the the lack of a sovereign authority to three non-governmental organizations population is tenuous. enforce environmental regulations. and the universities involved with Mediterranean Sea DPS In summary, while conservation loggerhead conservation in Cape Verde efforts for the Northwest Atlantic Ocean and government representatives from The main threats to Mediterranean loggerhead DPS are substantive and the Ministry of Environment, Military Sea loggerheads include fishery bycatch, improving, they remain inadequate to and Municipalities to discuss the as well as pollution/debris, vessel ensure the long-term viability of the threats, current conservation efforts, and collisions, and habitat destruction population. priority actions needed. A Sea Turtle impacting eggs and hatchlings at nesting beaches. There are a number of existing Northeast Atlantic Ocean DPS Network was established to better coordinate and expand conservation international regulatory mechanisms Since 2002, all sea turtles and their efforts throughout the Cape Verdean specific to the Mediterranean Sea that habitats in Cape Verde have been islands. contain provisions for the protection to protected by law (Decreto-Regulamentar Natura 2000 has continued its efforts sea turtles. The most important with n° 7/2002). The reality, however, is that on Ervatao Beach and in 2009 assumed respect to sea turtles are the Barcelona the laws are not respected or enforced responsibility for work on Porto Ferreira Convention for the Protection of the and that in recent years until 2008 up Beach. Natura 2000 has reduced Mediterranean Sea against Pollution to 25–30 percent of nesting females poaching to about 5 percent on these (and the associated Protocol Concerning were illegally killed for meat each year two important beaches, which represent Specially Protected Areas and Biological on the nesting beaches. Egg collection is 75 percent of the nesting on Boa Vista. Diversity in the Mediterranean); the also a serious threat on some of the The Turtle Foundation also conducts Convention on the Conservation of islands. Other major threats include extensive public outreach on sea turtle European Wildlife and Natural Habitats developments and commensurate light conservation issues. The Turtle (Bern Convention); the Convention on pollution behind one important nesting Foundation covered four other the Conservation of Migratory Species of beach on Boa Vista and the most important beaches in 2009 with the Wild Animals (CMS) (Bonn important nesting beach on Sal, as well assistance of the Cape Verdian military Convention); and the Council Directive as sand mining on many of the islands. and likewise believes poaching was 92/43/EEC on the Conservation of Other planned and potential reduced to about 5 percent of nesting Natural Habitats and of Wild Fauna and developments on these and other females on the beaches covered. The Flora (EC Habitats Directive). More islands present future threats. Bycatch University of Algarve established a information on these mechanisms can and directed take in coastal waters is research project on Santiago Island in be found at Conant et al. (2009), but a likely a significant mortality factor to 2007; activities included nest few specific applications are noted the population given the importance of monitoring and protection, collecting below. the coastal waters as loggerhead foraging biological data and information on Under the framework of the Barcelona grounds and the extensive fisheries poaching, and outreach through the Convention (to which all Mediterranean occurring there. Adult females nesting media and to the government countries are parties), the Action Plan in Cape Verde have been found foraging representatives (Loureiro, 2008). This for the Conservation of Mediterranean along the mainland coast of West Africa project minimized its efforts in 2009. Marine Turtles was adopted in 1989 and as well as in the oceanic environment, The Turtle Foundation continued to updated in 1999 and 2007. The thereby making them vulnerable to focus its primary efforts on patrolling objective of the Action Plan is the impacts from a wide range of fisheries beaches to protect nesting females on recovery of sea turtle populations (Hawkes et al., 2006). Unfortunately, Boa Vista with the assistance of the through (1) appropriate protection, law enforcement on the nesting beaches military. SOS Tartarugas has also been conservation, and management of turtle and in the marine environment is doing regular monitoring of beaches habitats, including nesting, feeding, lacking in Cape Verde. with support from the military, wintering, and migrating areas; and (2) Conservation efforts in Cape Verde extensive public outreach on light improvement of scientific knowledge by began in the mid 1990s and focused on pollution behind nesting beaches, and research and monitoring. Coordination efforts to raise local, national, and relocating nests to a hatchery to of this Action Plan occurs through the international awareness of the alleviate hatchling disorientation and Regional Activity Centre for Specially importance of the Cape Verdian misorientation, as well as assisting with Protected Areas (RAC/SPA). To help loggerhead population and the ongoing training of turtle projects on the islands implement the Action Plan objectives, slaughter of nesting females. A field of Maio and Sao Nicolau. the RAC/SPA has published guidelines camp set up by the non-governmental In the last 2 years, new efforts to for designing legislation and regulations organization Natura 2000 in 1999 on the better coordinate and expand projects to protect turtles; developing and 10-kilometer Ervatao Beach, the single being conducted by the three non- improving rescue centers; and handling most important nesting beach at Boa governmental organizations, as well as sea turtles by fishermen. To assess the Vista, grew out of this initial effort. This engage the national and municipal degree of implementation of the Action camp established a presence to deter governments, are dramatically Plan, RAC/SPA sent a survey to the poaching and gather data on nesting and decreasing the poaching of nesting National Focal Points for Specially poaching activity. In 2008, The Turtle turtles and with sustained and planned Protected Areas (Demetropoulos, 2007). Foundation, another non-governmental efforts may be able to reduce it to less Of the 16 country responses received, 14 organization began to work at Porto than 1 percent in the next few years. countries have enacted some form of Ferreira Beach, the second most The issues of light pollution, sand legislation protecting sea turtles and important nesting area on Boa Vista. mining on nesting beaches, long-term more than half of the responders noted

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00051 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12648 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

their participation in tagging programs, (Margaritoulis, 2007). These initiatives as the protection has been in place for development of public awareness are also likely captured in the country some time and the threats to the species programs, and beach inventories. The responses to the survey detailed in remain (particularly from increasing area with the fewest positive responses Demetropoulos (2007) as discussed tourism activities), it is unlikely that the was the implementation of measures to above. National protective legislation conservation measures discussed here reduce incidental catch (n=5). The 2007 generally prohibits international killing, will change the status of the species as Action Plan includes a revised list of harassment, possession, trade, or outlined in Conant et al. (2009). important priority measures and an attempts at these (Margaritoulis et al., Protection of marine habitats is at the Implementation Timetable (UNEP MAP 2003). Some countries have site specific early stages in the Mediterranean, as in RAC/SPA 2007). The deadline for many legislation for turtle habitat protection. other areas of the world. Off Zakynthos, of the actions is as soon as possible (e.g., In 1999, a National Marine Park was the National Marine Park established in enforce legislation to eliminate established on Zakynthos in western 1999 also included maritime zones. The deliberate killing, prepare National Greece, with the primary aim to provide marine area of Laganas Bay is divided Action Plan), while others are 3 to 4 protection to loggerhead nesting areas into three zones controlling maritime years after adoption (e.g., restoration of (Dimopoulos, 2001). Zakynthos traffic from May 1 to October 31: Zone damaged nesting habitats, represents approximately 43 percent of A—no boating activity; Zone B—speed implementation of fishing regulations in the average annual nesting effort of the limit of 6 knots, no anchoring; Zone C— key areas). If all parties adopt all of the major and moderate nesting areas in speed limit of 6 knots. The restraints on measures in the identified time period, Greece (Margaritoulis et al., 2003) and boating activity are particularly aimed at there will be notable sea turtle about 26 percent of the documented protecting the internesting area conservation efforts in place in the nesting effort in the Mediterranean surrounding the Zakynthos Laganas Bay Mediterranean. However, while priority (Touliatou et al., 2009). It is noteworthy nesting area. However, despite the actions for implementing the Action for conservation purposes that this site regulations, there has been insufficient Plan have been adopted to some extent is legally protected. While park enforcement (especially of the 6 knot at both regional and national levels, the management has improved over the last speed limit), and a high density of degree of expected implementation by several years, there are still some speedboats and recorded violations each signatory and corresponding level needed measures to improve and ensure within the marine area of the Park have of sea turtle protection are still sufficient protection at this Park been reported. In 2009, 13 of 28 relatively uncertain. As such, these (Panagopoulou et al., 2008; Touliatou et recorded strandings in the area of the efforts do not currently sufficiently al., 2009). National Marine Park bore evidence of mitigate the threats to and improve the watercraft injuries and fishing gear In Turkey, five nesting beaches status of loggerheads in the interactions, and four live turtles were (Belek, Dalyan, Fethiye, Goksu Delta, Mediterranean, and without specific found with fishing gear lines/hooks. and Patara) were designated Specially commitment from each of the Barcelona Another marine zone occurs in Cyprus; Protected Area status in the context of Convention signatories, it is difficult to off the nesting beaches of Lara and the Barcelona Convention (Margaritoulis determine if the efforts will do so in the Toxeftra, a maritime zone extends to the near future. et al., 2003). Based on the average 20 meter isobath as delineated by the Under the Bern Convention, sea annual number of nests from the major Fisheries Regulation (Margaritoulis, turtles are on the ‘‘strictly protected’’ nesting sites, these five beaches 2007). list. Article 6 of this Convention notes represent approximately 56 percent of The main concern to loggerheads in the following prohibited acts for these nesting in Turkey (World Wildlife Fund, the Mediterranean includes incidental strictly protected fauna species: all 2005). In Cyprus, the two nesting capture in fisheries. While there are forms of deliberate capture and keeping beaches of Lara and Toxeftra have been country specific fishery regulations that and deliberate killing; the deliberate afforded protection through the may limit fishing effort to some degree damage to or destruction of breeding or Fisheries Regulation since 1989 (to conserve the fishery resource), little, resting sites; the deliberate disturbance (Margaritoulis, 2007), and Alagadi is a if anything, has been undertaken to of wild fauna; and the deliberate Specially Protected Area (World reduce sea turtle bycatch and associated destruction or taking or keeping of eggs Wildlife Fund, 2005). Of the major mortality in Mediterranean fisheries. from the wild. Most Mediterranean Cyprus nesting sites included in the Given the lack of conservation efforts to countries, with the exception of Algeria, 2005 World Wildlife Fund Species address fisheries and the limited in- Egypt, Israel, Lebanon, Libya, and Syria, Action Plan, the nesting beaches water protection provided to turtles to are parties to this Convention, so these afforded protection represent 51 percent reduce the additional impacts of vessel international protection measures are in of the average annual number of nests collisions and pollution/debris place. in Cyprus. Note, however, that the interactions, it is unlikely that the status It is apparent that the international annual nesting effort in Cyprus of the species will change given the framework for sea turtle protection is presented in Margaritoulis et al. (2003) measures discussed here. present in the Mediterranean, but the includes additional sites, so the total It should be reiterated that it appears efficacy of these actions is uncertain. proportion of protected nesting sites in that international and national laws are The measures in most of these Cyprus is much lower, potentially not always enforced or followed. This Conventions have been in place for around 22 percent. In Italy, a reserve to minimizes the potential success of these years, and the threats to loggerhead protect nesting on Lampedusa was conservation efforts. For example, in turtles remain. As such, while laudable, established in 1984 (Margaritoulis et al., Egypt, international and national the enforcement and follow up of many 2003). In summary, Mediterranean measures to protect turtles were not of these articles needs to occur before loggerhead nesting primarily occurs in immediately adhered to, but in recent the sea turtle protection goals of the Greece, Libya, Turkey, and Cyprus, and years, there has been a notable effort to Conventions are achieved. a notable proportion of nesting in those enforce laws and regulations that Most Mediterranean countries have areas is protected through various prohibit the trade of sea turtles at fish developed national legislation to protect mechanisms. It is important to recognize markets. However, the illegal trade of sea turtles and/or nesting habitats the success of these protected areas, but turtles in the Alexandria fish market has

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00052 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12649

persisted and a black market has been turtles; less protection is afforded in the likely to result in loggerhead bycatch created (Nada and Casale, 2008). This is high seas of the South Atlantic. Overall, (Lewison et al., 2004). an example of ineffective sea turtle the principal in-water threat to Overall, conservation efforts for protection and continuing threat to the loggerheads in the South Atlantic is loggerhead turtles in the South Atlantic species, even with conservation efforts incidental capture in fisheries. In the are dichotomous. On the nesting in place. southwest Atlantic, the South Atlantic beaches (almost exclusively in Brazil), conservation actions are successful at South Atlantic Ocean DPS Association is a multinational group that includes representatives from protecting nesting females and their The only documented and confirmed Brazil, Uruguay, and Argentina, and clutches, resulting in large numbers of nesting locations for loggerhead turtles meets biannually to share information hatchlings being released each year. In in the South Atlantic occur in Brazil, and develop regional action plans to contrast, fisheries bycatch in coastal and and major nesting beaches are found in address threats including bycatch oceanic waters remains a serious threat, the states of Rio de Janeiro, Espirito (http://www.tortugasaso.org/). At the despite regional emphasis on assessing Santo, Bahia, and Sergipe (Marcovaldi bycatch rates in various fisheries on national level, Brazil has developed a and Marcovaldi, 1999). Protection of both sides of the South Atlantic. national plan for the reduction of nesting loggerheads and their eggs in Comprehensive management actions to incidental capture of sea turtles that was Brazil is afforded by national law that reduce or eliminate bycatch mortality was established in 1989 and most initiated in 2001 (Marcovaldi et al., are lacking in most areas, which is recently reaffirmed in 2008. Illegal 2002a). This national plan includes likely to result in a decline of this DPS practices, such as collecting eggs or various activities to mitigate bycatch, in the future. nesting females for consumption or sale, including time-area restrictions of are considered environmental crimes fisheries, use of bycatch reduction Finding and are punishable by law. Other State devices, and working with fishermen to Regarding the petitions to (1) or Federal laws have been established in successfully release live-captured reclassify loggerhead turtles in the Brazil to protect reproductive females, turtles. In Uruguay, all sea turtles are North Pacific Ocean as a DPS with incubating eggs, emergent hatchlings, protected from human impacts, endangered status and designate critical and nesting habitat, including including fisheries bycatch, by habitat and (2) reclassify loggerhead restricting nighttime lighting adjacent to presidential decree (Decreto turtles in the Northwest Atlantic as a nesting beaches during the nesting/ presidencial 144/98). The Karumbe DPS with endangered status and hatching seasons and prohibiting conservation project in Uruguay has designate critical habitat, we find that vehicular traffic on beaches. Projeto been working on assessing in-water both petitioned entities qualify as DPSs TAMAR, a semi-governmental threats to loggerheads and marine (North Pacific Ocean DPS and organization, is responsible for sea turtle turtles for several years (see http:// Northwest Atlantic Ocean DPS, conservation in Brazil. In general, www.seaturtle.org/promacoda), with the respectively) as described in this nesting beach protection in Brazil is objective of developing mitigation plans proposed rule. We also find that seven considered to be effective and in the future. In Argentina, various additional loggerhead sea turtle DPSs successful for loggerheads and other conservation organizations are working exist. We have carefully considered the species of nesting turtles (e.g., toward assessing bycatch of loggerheads best scientific and commercial data Marcovaldi and Chaloupka, 2007; da and other sea turtle species in fisheries, available regarding the past, present and Silva et al., 2008; Thome et al., 2008). with the objective of developing future threats faced by the these nine Efforts at protecting reproductive mitigation plans for this threat (see loggerhead sea turtle DPSs. We believe turtles, their nests, hatchlings and their http://www.prictma.com.ar). Overall, that listing the North Pacific Ocean, nesting beaches have been more effort to date has been expended South Pacific Ocean, North Indian supplemented by the establishment of on evaluating and assessing levels of Ocean, Southeast Indo-Pacific Ocean, Federally mandated protected areas that Northwest Atlantic Ocean, Northeast fisheries bycatch of loggerhead turtles, include major loggerhead nesting Atlantic Ocean, and Mediterranean Sea than concretely reducing bycatch in the populations: Reserva Biologica de Santa DPSs of the loggerhead sea turtle as Southwest Atlantic, but this information Isabel (established in 1988 in Sergipe) endangered and the Southwest Indian is necessary for developing adequate and Reserva Biologica de Comboios Ocean and South Atlantic Ocean DPSs mitigation plans. In the southeastern (established in 1984 in Espirto Santo); at as threatened is warranted for the the State level, Environmental Atlantic, efforts have been directed reasons described below for each DPS. Protection Areas have been established toward assessing the distribution and for many loggerhead nesting beaches in levels of bycatch of loggerheads in North Pacific Ocean DPS Bahia and Espirito Santo (Marcovaldi et coastal waters of southwestern Africa In the North Pacific, loggerhead al., 2005). In addition, Projeto TAMAR (Weir et al., 2007; Petersen et al., 2007, nesting is essentially restricted to Japan has initiated several high-profile public 2009). Bycatch of loggerheads has been where monitoring of loggerhead nesting awareness campaigns, which have documented in longline fisheries off the began in the 1950s on some beaches, focused national attention on the Atlantic coasts of Angola, Namibia, and and expanded to include most known conservation of loggerheads and other South Africa (Petersen et al., 2007), and nesting beaches since approximately marine turtles in Brazil. several authors have highlighted the 1990. While nesting numbers have Loggerhead turtles of various sizes need to develop regional mitigation gradually increased in recent years and and life stages occur throughout the plans to reduce bycatch of loggerheads the number for 2009 is similar to the South Atlantic, although density/ and other sea turtle species in coastal start of the time series in 1990, observations are more limited in waters (Formia et al., 2003; Weir et al., historical evidence indicates that there equatorial waters (Ehrhart et al., 2003). 2007; Petersen et al., 2009). On the high has been a substantial decline over the Within national waters of specific seas of the South Atlantic, little is last half of the 20th century. In addition, countries, various laws and actions have known about exact bycatch levels, but based on nest count data for nearly the been instituted to mitigate threats to there are some areas of higher past 2 decades, the North Pacific loggerheads and other species of sea concentration of longline effort that are population of loggerheads is small. The

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00053 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12650 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

SQE approach described in the Status of rookeries up to 1990 and a decline of North Indian Ocean DPS the Nine DPSs section suggested that the approximately 86 percent by 1999. In the North Indian Ocean, nesting North Pacific Ocean DPS appears to be Comparable nesting surveys have not occurs in greatest density on Masirah declining, is at risk, and is thus likely been conducted in New Caledonia, Island. Reliable trends in nesting cannot to decline in the future. The stage-based however. Information from pilot surveys be determined due to the lack of deterministic modeling approach conducted in 2005, combined with oral standardized surveys at Masirah Island suggested that the North Pacific Ocean history information collected, suggest prior to 2008. However, a DPS would grow slightly, but in the that there has been a decline in reinterpretation of the 1977–1978 and worst-case scenario, the model indicates loggerhead nesting (see the Status of the 1991 estimates of nesting females was that the population would be likely to Nine DPSs section above for additional compared to survey information substantially decline in the future. information). Similarly, studies of collected since 2008 and results suggest These results are largely driven by the eastern Australia loggerheads at their a significant decline in the size of the mortality of juvenile and adult foraging areas revealed a decline of 3 nesting population, which is consistent loggerheads from fishery bycatch that percent per year from 1985 to the late with observations by local rangers that occurs throughout the North Pacific 1990s on the coral reefs of the southern the population has declined Ocean, including the coastal pound net Great Barrier Reef. A decline in new dramatically in the last three decades. fisheries off Japan, coastal fisheries recruits was also measured in these Nesting trends cannot be determined impacting juvenile foraging populations foraging areas. The SQE approach elsewhere in the northern Indian Ocean off Baja California, Mexico, and described in the Status of the Nine DPSs where loggerhead nesting occurs undescribed fisheries likely affecting section suggested that, based on nest because the time series of nesting data loggerheads in the South China Sea and count data for the past 3 decades, the based on standardized surveys is not the North Pacific Ocean (Factor E). population is at risk and thus likely to Although national and international available. The SQE approach described decline in the future. The stage-based in the Status of the Nine DPSs section governmental and non-governmental deterministic modeling approach entities on both sides of the North is based on nesting data; however, an provided a wide range of results: In the adequate time series of nesting data for Pacific are currently working toward case of the lowest anthropogenic reducing loggerhead bycatch, and some this DPS was not available. Therefore, mortality rates (or the best case positive actions have been we could not use this approach to scenario), the deterministic model implemented, it is unlikely that this evaluate extinction risk. The stage-based suggests that the South Pacific Ocean source of mortality can be sufficiently deterministic modeling approach DPS will grow slightly, but in the worst- reduced in the near future due to the indicated the North Indian Ocean DPS case scenario, the model indicates that challenges of mitigating illegal, is likely to decline in the future. These the population is likely to substantially unregulated, and unreported fisheries, results are driven by cumulative decline in the future. These results are the lack of comprehensive information mortality from a variety of sources largely driven by mortality of juvenile on fishing distribution and effort, across all life stages. Threats to nesting and adult loggerheads from fishery limitations on implementing beaches are likely to increase, which demonstrated effective conservation bycatch that occurs throughout the would require additional and measures, geopolitical complexities, South Pacific Ocean (Factor E). widespread nesting beach protection limitations on enforcement capacity, Although national and international efforts (Factor A). Little is currently and lack of availability of governmental and non-governmental being done to monitor and reduce comprehensive bycatch reduction entities on both sides of the South mortality from neritic and oceanic technologies. In addition to fishery Pacific are currently working toward fisheries in the range of the North bycatch, coastal development and reducing loggerhead bycatch, and some Indian Ocean DPS; this mortality is coastal armoring on nesting beaches in positive actions have been likely to continue and increase with Japan continues as a substantial threat implemented, it is unlikely that this expected additional fishing effort from (Factor A). Coastal armoring, if left source of mortality can be sufficiently commercial and artisanal fisheries unaddressed, will become an even more reduced in the near future due to the (Factor E). Reduction of mortality would substantial threat as sea level rises. It is challenges of mitigating illegal, be difficult due to a lack of highly uncertain whether the actions unregulated, and unreported fisheries, comprehensive information on fishing identified in the Conservation Efforts the continued expansion of artisanal distribution and effort, limitations on section above will be fully implemented fleets in the southeastern Pacific, the implementing demonstrated effective in the near future or that they will be lack of comprehensive information on conservation measures, geopolitical sufficiently effective. Therefore, we fishing distribution and effort, complexities, limitations on believe that the North Pacific Ocean limitations on implementing enforcement capacity, and lack of DPS is in danger of extinction demonstrated effective conservation availability of comprehensive bycatch throughout all of its range, and propose measures, geopolitical complexities, reduction technologies. It is highly to list this DPS as endangered. limitations on enforcement capacity, uncertain whether the actions identified and lack of availability of in the Conservation Efforts section South Pacific Ocean DPS comprehensive bycatch reduction above will be fully implemented in the In the South Pacific, loggerhead technologies. It is highly uncertain near future or that they will be nesting is almost entirely restricted to whether the actions identified in the sufficiently effective. Therefore, we eastern Australia (primarily Conservation Efforts section above will believe that the North Indian Ocean DPS Queensland) and New Caledonia. In be fully implemented in the near future is in danger of extinction throughout all eastern Australia, there has been a or that they will be sufficiently effective. of its range, and propose to list this DPS marked decline in the number of Therefore, we believe that the South as endangered. females breeding annually since the Pacific Ocean DPS is in danger of mid-1970s, with an estimated 50 to 80 extinction throughout all of its range, Southeast Indo-Pacific Ocean DPS percent decline in the number of and propose to list this DPS as In the Southeast Indo-Pacific Ocean, breeding females at various Australian endangered. loggerhead nesting is restricted to

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00054 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12651

western Australia, with the greatest data from this region from 1965 to 2008 Northwest Atlantic Ocean DPS number of loggerheads nesting on Dirk indicates an increasing nesting Nesting occurs within the Northwest Hartog Island. Loggerheads also nest on population between the first decade of Atlantic along the coasts of North the Muiron Islands and North West surveys and the last 8 years. These data America, Central America, northern Cape, but in smaller numbers. Although represent approximately 50 percent of South America, the Antilles, and The data are insufficient to determine all nesting within South Africa and are Bahamas, but is concentrated in the trends, evidence suggests the nesting believed to be representative of trends southeastern U.S. and on the Yucatan population in the Muiron Islands and in the region. Loggerhead nesting occurs Peninsula in Mexico. The results of North West Cape region was depleted elsewhere in South Africa, but sampling comprehensive analyses of the status of before recent beach monitoring is not consistent and no trend data are the nesting assemblages within the programs began. The SQE approach available. Similarly, in Madagascar, Northwest Atlantic Ocean DPS using described in the Status of the Nine DPSs loggerheads have been documented standardized data collected over survey section is based on nesting data; nesting in low numbers, but no trend periods ranging from 10 to 23 years and however, an adequate time series of data are available. The SQE approach using different analytical approaches nesting data for this DPS was not described in the Status of the Nine DPSs were consistent in their findings—there available; therefore, we could not use section, based on a 37-year time series has been a significant, overall nesting this approach to evaluate extinction of nesting female counts at Tongaland, decline within this DPS. The SQE risk. The stage-based deterministic South Africa (1963–1999), indicated this approach described in the Status of the modeling approach provided a wide segment of the population, while small, Nine DPSs section suggested that, based range of results: In the case of the lowest has increased, and the likelihood of on nest count data for the past 2 anthropogenic mortality rates, the quasi-extinction is negligible. We note decades, the population is at risk and deterministic model suggests that the that the SQE approach we used is based Southeast Indo-Pacific Ocean DPS will thus likely to decline in the future. on past performance of the DPS (nesting These results are based on nesting data grow slightly, but in the worst-case data from 1963–1999) and does not fully scenario, the model indicates that the for loggerheads at index/standardized reflect ongoing and future threats to all nesting survey beaches in the USA and population is likely to substantially life stages within the DPS. The stage- decline in the future. These results are the Yucatan Peninsula, Mexico. The based deterministic modeling approach largely driven by mortality of juvenile stage-based deterministic modeling provided a wide range of results: In the and adult loggerheads from fishery indicated the Northwest Atlantic Ocean case of the lowest anthropogenic bycatch that occurs throughout the DPS is likely to decline in the future, mortality rates, the deterministic model region, as can be inferred from data from even under the scenario of the lowest suggests that the Southwest Indian Australia’s Pacific waters (Factor E). anthropogenic mortality rates. These Ocean DPS will grow slightly, but in the Although national and international results are largely driven by mortality of worst-case scenario, the model indicates governmental and non-governmental juvenile and adult loggerheads from that the population is likely to entities are currently working toward fishery bycatch that occurs throughout substantially decline in the future. reducing loggerhead bycatch, and some the North Atlantic Ocean (Factor E). positive actions have been These results are largely driven by Although national and international implemented, it is unlikely that this mortality of juvenile loggerheads from governmental and non-governmental source of mortality can be sufficiently fishery bycatch that occurs throughout entities on both sides of the North reduced in the near future due to the the Southwest Indian Ocean (Factor E). Atlantic are currently working toward challenges of mitigating illegal, This mortality is likely to continue and reducing loggerhead bycatch, and some unregulated, and unreported fisheries, may increase with expected additional positive actions have been the continued expansion of artisanal fishing effort from commercial and implemented, it is unlikely that this fleets, the lack of comprehensive artisanal fisheries. Reduction of source of mortality can be sufficiently information on fishing distribution and mortality would be difficult due to a reduced across the range of the DPS in effort, limitations on implementing lack of comprehensive information on the near future because of the diversity demonstrated effective conservation fishing distribution and effort, and magnitude of the fisheries operating measures, geopolitical complexities, limitations on implementing in the North Atlantic, the lack of limitations on enforcement capacity, demonstrated effective conservation comprehensive information on fishing and lack of availability of measures, geopolitical complexities, distribution and effort, limitations on comprehensive bycatch reduction limitations on enforcement capacity, implementing demonstrated effective technologies. It is highly uncertain and lack of availability of conservation measures, geopolitical whether the actions identified in the comprehensive bycatch reduction complexities, limitations on Conservation Efforts section above will technologies. It is highly uncertain enforcement capacity, and lack of be fully implemented in the near future whether the actions identified in the availability of comprehensive bycatch or that they will be sufficiently effective. Conservation Efforts section above will reduction technologies. It is highly Therefore, we believe that the Southeast be fully implemented in the near future uncertain whether the actions identified Indo-Pacific Ocean DPS is in danger of or that they will be sufficiently effective. in the Conservation Efforts section extinction throughout all of its range, We have determined that although the above will be fully implemented in the and propose to list this DPS as Southwest Indian Ocean DPS is likely near future or that they will be endangered. not currently in danger of extinction sufficiently effective. Therefore, we throughout all of its range, the believe that the Northwest Atlantic Southwest Indian Ocean DPS extinction risk is likely to increase in Ocean DPS is in danger of extinction In the Southwest Indian Ocean, the the future. Therefore, we believe that throughout all of its range, and propose highest concentration of nesting occurs the Southwest Indian Ocean DPS is to list this DPS as endangered. on the coast of Tongaland, South Africa, likely to become an endangered species where surveys and management within the foreseeable future throughout Northeast Atlantic Ocean DPS practices were instituted in 1963. A all of its range, and propose to list this In the Northeast Atlantic Ocean, the trend analysis of index nesting beach DPS as threatened. Cape Verde Islands support the only

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00055 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12652 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

large nesting population of loggerheads above will be fully implemented in the the lack of comprehensive information in the region. Nesting occurs at some near future or that they will be on fishing distribution and effort, level on most of the islands in the sufficiently effective. Therefore, we limitations on implementing archipelago with the largest nesting believe that the Northeast Atlantic demonstrated effective conservation numbers reported from the island of Boa Ocean DPS is in danger of extinction measures, geopolitical complexities, Vista where studies have been ongoing throughout all of its range, and propose limitations on enforcement capacity, since 1998. Due to limited data to list this DPS as endangered. and lack of availability of comprehensive bycatch reduction available, a population trend cannot Mediterranean Sea DPS currently be determined for the Cape technologies. It is highly uncertain Verde population; however, available Nesting occurs throughout the central whether the actions identified in the information on the directed killing of and eastern Mediterranean in Italy, Conservation Efforts section above will nesting females suggests that this Greece, Cyprus, Turkey, Syria, Lebanon, be fully implemented in the near future nesting population is under severe Israel, the Sinai, Egypt, Libya, and or that they will be sufficiently effective. pressure and likely significantly Tunisia. In addition, sporadic nesting Therefore, we believe that the has been reported from the western reduced from historic levels. In Mediterranean Sea DPS is in danger of Mediterranean, but the vast majority of addition, based on interviews with extinction throughout all of its range, nesting (greater than 80 percent) occurs elders, a reduction in nesting from and propose to list this DPS as in Greece and Turkey. There is no historic levels at Santiago Island has endangered. discernible trend in nesting at the two been reported. Elsewhere in the longest monitoring projects in Greece, South Atlantic Ocean DPS northeastern Atlantic, loggerhead Laganas Bay and southern Kyparissia In the South Atlantic nesting occurs nesting is non-existent or occurs at very Bay. However, the nesting trend at primarily along the mainland coast of low levels. The SQE approach described Rethymno Beach, which hosts Brazil from Sergipe south to Rio de in the Status of the Nine DPSs section approximately 7 percent of all Janeiro. Prior to 1980, loggerhead is based on nesting data. However, we documented loggerhead nesting in the nesting populations in Brazil were had insufficient nest count data over an Mediterranean, shows a highly considered severely depleted. More appropriate time series for this DPS and significant declining trend (1990–2004). recently, a long-term, sustained could not use this approach to evaluate In Turkey, intermittent nesting surveys increasing trend in nesting abundance extinction risk. The stage-based have been conducted since the 1970s has been observed over a 16-year period deterministic modeling approach with more consistent surveys conducted from 1988 through 2003 on 22 surveyed indicated the Northeast Atlantic Ocean on some beaches only since the 1990s, beaches containing more than 75 DPS is likely to decline in the future, making it difficult to assess trends in percent of all loggerhead nesting in even under the scenario of the lowest nesting. A declining trend (1993–2004) Brazil. The SQE approach described in anthropogenic mortality rates. These has been reported at Fethiye Beach, the Status of the Nine DPSs section results are largely driven by the ongoing which represents approximately 10 suggested that, based on nest count data directed lethal take of nesting females percent of loggerhead nesting in Turkey. for the past 2 decades, the population is and eggs (Factor B), low hatching and The SQE approach described in the unlikely to decline in the future. These emergence success (Factors A, B, and C), Status of the Nine DPSs section is based results are consistent with Marcovaldi and mortality of juveniles and adults on nesting data; however, region-wide and Chaloupka’s (2007) nesting beach from fishery bycatch (Factor E) that nesting data for this DPS were not trend analyses. We note that the SQE occurs throughout the Northeast available. Therefore, we could not use approach is based on past performance Atlantic Ocean. Currently, conservation this approach to evaluate extinction of the DPS (nesting data) and does not efforts to protect nesting females are risk. The stage-based deterministic fully reflect ongoing and future threats growing, and a reduction in this source modeling approach indicated the to all life stages within the DPS. The of mortality is likely to continue in the Mediterranean Sea DPS is likely to stage-based deterministic modeling near future. Although national and decline in the future, even under the approach indicated the South Atlantic international governmental and non- scenario of the lowest anthropogenic Ocean DPS is likely to decline in the governmental entities in the Northeast mortality rates. These results are largely future, even under the scenario of the Atlantic are currently working toward driven by mortality of juvenile and lowest anthropogenic mortality rates. reducing loggerhead bycatch, and some adult loggerheads from fishery bycatch This result is largely driven by mortality positive actions have been that occurs throughout the of juvenile loggerheads from fishery implemented, it is unlikely that this Mediterranean Sea (Factor E), as well as bycatch that occurs throughout the source of mortality can be sufficiently anthropogenic threats to nesting beaches South Atlantic Ocean (Factor E). reduced across the range of the DPS in (Factor A) and eggs/hatchlings (Factors Although national and international the near future because of the lack of A, B, C, and E). Although conservation governmental and non-governmental bycatch reduction in high seas fisheries efforts to protect some nesting beaches entities on both sides of the South operating within the range of this DPS, are underway, more widespread and Atlantic are currently working toward lack of bycatch reduction in coastal consistent protection is needed. reducing loggerhead bycatch in the fisheries in Africa, the lack of Although national and international South Atlantic, it is unlikely that this comprehensive information on fishing governmental and non-governmental source of mortality can be sufficiently distribution and effort, limitations on entities in the Mediterranean Sea are reduced across the range of the DPS in implementing demonstrated effective currently working toward reducing the near future because of the diversity conservation measures, geopolitical loggerhead bycatch, it is unlikely that and magnitude of the commercial and complexities, limitations on this source of mortality can be artisanal fisheries operating in the South enforcement capacity, and lack of sufficiently reduced across the range of Atlantic, the lack of comprehensive availability of comprehensive bycatch the DPS in the near future because of information on fishing distribution and reduction technologies. It is highly the lack of bycatch reduction in effort, limitations on implementing uncertain whether the actions identified commercial and artisanal fisheries demonstrated effective conservation in the Conservation Efforts section operating within the range of this DPS, measures, geopolitical complexities,

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00056 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12653

limitations on enforcement capacity, Once critical habitat is designated, Administrative Order 216–6.03(e)(1); and lack of availability of section 7 of the ESA requires Federal Pacific Legal Foundation v. Andrus, 675 comprehensive bycatch reduction agencies to ensure they do not fund, F. 2d 825 (6th Cir. 1981)). Thus, we technologies. It is highly uncertain authorize, or carry out any actions that have determined that the proposed whether the actions identified in the will destroy or adversely modify that listing determinations for the nine Conservation Efforts section above will habitat. This requirement is in addition loggerhead DPSs described in this be fully implemented in the near future to the other principal section 7 notice are exempt from the requirements or that they will be sufficiently effective. requirement that Federal agencies of NEPA. We have determined that although the ensure their actions do not jeopardize Information Quality Act South Atlantic Ocean DPS is not the continued existence of listed currently in danger of extinction species. The Information Quality Act directed throughout all of its range, the The Services have not designated the Office of Management and Budget to extinction risk is likely to increase critical habitat for the loggerhead sea issue government wide guidelines that substantially in the future. Therefore, turtle. Critical habitat will be proposed, ‘‘provide policy and procedural we believe that the South Atlantic if found to be prudent and guidance to Federal agencies for Ocean DPS is likely to become an determinable, in a separate rulemaking. ensuring and maximizing the quality, endangered species within the objectivity, utility, and integrity of Peer Review foreseeable future throughout all of its information (including statistical range, and propose to list this DPS as In December 2004, the Office of information) disseminated by Federal threatened. Management and Budget (OMB) issued agencies.’’ Under the NOAA guidelines, Critical Habitat a Final Information Quality Bulletin for this action is considered a Natural Peer Review, establishing minimum Resource Plan. It is a composite of Section 4(b)(2) of the ESA requires us peer review standards, a transparent several types of information from a to designate critical habitat for process for public disclosure of peer variety of sources. Compliance of this threatened and endangered species ‘‘on review planning, and opportunities for document with NOAA guidelines is the basis of the best scientific data public participation. The OMB Bulletin, evaluated below. available and after taking into implemented under the Information • Utility: The information consideration the economic impact, the Quality Act (Pub. L. 106–554), is disseminated is intended to describe a impact on national security, and any intended to enhance the quality and management action and the impacts of other relevant impact, of specifying any credibility of the Federal government’s that action. The information is intended particular area as critical habitat.’’ This scientific information, and applies to to be useful to State and Federal section grants the Secretary of the influential or highly influential agencies, non-governmental Interior or of Commerce discretion to scientific information disseminated on organizations, industry groups and other exclude an area from critical habitat if or after June 16, 2005. We obtained ‘‘ interested parties so they can he determines the benefits of such independent peer review of the exclusion outweigh the benefits of understand the management action, its scientific information compiled in the effects, and its justification. specifying such area as part of the 2009 Status Review (Conant et al., 2009) • ’’ Integrity: No confidential data were critical habitat. The Secretary may not that supports this proposal to list nine ‘‘ used in the analysis of the impacts exclude areas if exclusion will result in DPSs of the loggerhead sea turtle as the extinction of the species.’’ In associated with this document. All endangered or threatened. addition, the Secretary may not information considered in this On July 1, 1994, the Services designate as critical habitat any lands or document and used to analyze the published a policy for peer review of other geographical areas owned or proposed action, is considered public scientific data (59 FR 34270). The intent controlled by the Department of information. of the peer review policy is to ensure Defense, or designated for its use, that • Objectivity: The NOAA Information that listings are based on the best are subject to an integrated natural Quality Guidelines standards for scientific and commercial data resources management plan under Natural Resource Plans state that plans available. Prior to a final listing, we will section 101 of the Sikes Act (16 U.S.C. be presented in an accurate, clear, solicit the expert opinions of three 670a), if the Secretary determines in complete, and unbiased manner. NMFS writing that such a plan provides a qualified specialists, concurrent with and USFWS strive to draft and present benefit to the species for which critical the public comment period. proposed management measures in a habitat is proposed for designation (see Independent specialists will be selected clear and easily understandable manner section 318(a)(3) of the National Defense from the academic and scientific with detailed descriptions that explain Authorization Act, Pub. L. 108–136). community, Federal and State agencies, the decision making process and the The ESA defines critical habitat under and the private sector. implications of management measures section 3(5)(A) as: ‘‘(i) the specific areas References on natural resources and the public. within the geographical area occupied This document was reviewed by a by the species, at the time it is listed A complete list of the references used variety of biologists, policy analysts, * * *, on which are found those in this proposed rule is available upon and attorneys from NMFS and USFWS. physical or biological features (I) request (see ADDRESSES). Administrative Procedure Act essential to the conservation of the Classification species and (II) which may require The Federal Administrative Procedure special management considerations or National Environmental Policy Act Act (APA) establishes procedural protection; and (ii) specific areas Proposed ESA listing decisions are requirements applicable to informal outside the geographical area occupied exempt from the requirement to prepare rulemaking by Federal agencies. The by the species at the time it is listed an environmental assessment (EA) or purpose of the APA is to ensure public * * *, upon a determination by the environmental impact statement (EIS) access to the Federal rulemaking Secretary that such areas are essential under the National Environmental process and to give the public notice for the conservation of the species.’’ Policy Act of 1969 (NEPA) (NOAA and an opportunity to comment before

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00057 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12654 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

the agency promulgates new levels of government. In addition, E.O. List of Subjects regulations. 13132 requires Federal agencies to have 50 CFR Part 17 a process to ensure meaningful and Coastal Zone Management Act timely input by State and local officials Endangered and threatened species, Section 307(c)(1) of the Federal in the development of regulatory Exports, Imports, Reporting and Coastal Zone Management Act of 1972 policies that have federalism recordkeeping requirements, requires that all Federal activities that implications. A Federal summary Transportation. affect any land or water use or natural impact statement is also required for resource of the coastal zone be rules that have federalism implications. 50 CFR Part 223 Pursuant to E.O. 13132, the Assistant consistent with approved State coastal Endangered and threatened species, Secretary for Legislative and zone management programs to the Exports, Imports, Reporting and Intergovernmental Affairs will provide maximum extent practicable. NMFS and recordkeeping requirements, notice of the proposed action and FWS have determined that this action is Transportation. consistent to the maximum extent request comments from the appropriate practicable with the enforceable policies official(s) in Maine, New Hampshire, 50 CFR Part 224 of approved Coastal Zone Management Massachusetts, Rhode Island, Administrative practice and Programs of Maine, New Hampshire, Connecticut, New York, New Jersey, procedure, Endangered and threatened Massachusetts, Rhode Island, Delaware, Maryland, Virginia, North species, Exports, Imports, Reporting and Connecticut, New York, New Jersey, Carolina, South Carolina, Georgia, recordkeeping requirements, Delaware, Maryland, Virginia, North Florida, Alabama, Mississippi, Transportation. Carolina, South Carolina, Georgia, Louisiana, Texas, California, Oregon, Florida, Alabama, Mississippi, Washington, Hawaii, Puerto Rico, and Dated: March 8, 2010. Louisiana, Texas, California, Oregon, the U.S. Virgin Islands. Eric C. Schwaab, Washington, Hawaii, Puerto Rico, and Environmental Justice Assistant Administrator for Fisheries, National Marine Fisheries Service. the U.S. Virgin Islands. Letters Executive Order 12898 requires that documenting our determination, along Federal actions address environmental Dated: March 3, 2010. with the proposed rule, are being sent justice in decision-making process. In Daniel M. Ashe, to the coastal zone management particular, the environmental effects of Acting Director, U.S. Fish and Wildlife program offices of these States. A list of the actions should not have a Service. the specific State contacts and a copy of disproportionate effect on minority and the letters are available upon request. For the reasons set out in the low-income communities. The proposed preamble, 50 CFR parts 17, 223, and 224 Executive Order 13132 Federalism listing determinations are not expected are proposed to be amended as follows: to have a disproportionate effect on Executive Order (E.O.) 13132, minority or low-income communities. PART 17—ENDANGERED AND otherwise known as the Federalism THREATENED WILDLIFE AND PLANTS E.O., was signed by President Clinton Executive Order 12866, Regulatory Flexibility Act, and Paperwork on August 4, 1999, and published in the 1. The authority citation for part 17 Reduction Act Federal Register on August 10, 1999 (64 continues to read as follows: FR 43255). This E.O. is intended to As noted in the Conference Report on guide Federal agencies in the Authority: 16 U.S.C. 1361–1407; 16 U.S.C. the 1982 amendments to the ESA, 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– formulation and implementation of economic impacts shall not be 625, 100 Stat. 3500; unless otherwise noted. ‘‘policies that have Federal considered when assessing the status of implications.’’ Such policies are a species. Therefore, the economic 2. In § 17.11(h) remove the entry for regulations, legislative comments or analysis requirements of the Regulatory ‘‘Sea turtle, loggerhead’’, and add nine proposed legislation, and other policy Flexibility Act are not applicable to the entries for ‘‘Sea turtle, loggerhead’’ in its statements or actions that have listing process. In addition, this rule is place, to read as follows: substantial direct effects on the States, exempt from review under E.O. 12866. on the relationship between the national This proposed rule does not contain a § 17.11 Endangered and threatened wildlife. government and the States, or on the collection-of-information requirement distribution of power and for the purposes of the Paperwork * * * * * responsibilities among the various Reduction Act. (h) * * *

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

******* Sea turtle, logger- Caretta caretta ...... Mediterranean Sea Mediterranean Sea E NA NA head, Mediterra- Basin.. east of 5°36′ W. nean Sea. Long. Sea turtle, logger- Caretta caretta ...... North Indian Ocean North Indian Ocean E NA NA head, North Indian Basin.. north of the equa- Ocean. tor and south of 30° N. Lat. Sea turtle, logger- Caretta caretta ...... North Pacific Ocean North Pacific north E NA NA head, North Pacific Basin.. of the equator Ocean. and south of 60° N. Lat.

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00058 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules 12655

Species Vertebrate popu- Historic range lation where endan- Status When listed Critical habi- Special Common name Scientific name gered or threatened tat rules

Sea turtle, logger- Caretta caretta ...... Northeast Atlantic Northeast Atlantic E NA NA head, Northeast Ocean Basin.. Ocean north of Atlantic Ocean. the equator, south of 60° N. Lat., east of 40° W. Long., and west of 5°36′ W. Long. Sea turtle, logger- Caretta caretta ...... Northwest Atlantic Northwest Atlantic E NA NA head, Northwest Ocean Basin.. Ocean north of Atlantic Ocean. the equator, south of 60° N. Lat., and west of 40° W. Long. Sea turtle, logger- Caretta caretta ...... South Atlantic South Atlantic T NA NA head, South Atlan- Ocean Basin.. Ocean south of tic Ocean. the equator, north of 60° S. Lat., west of 20° E. Long., and east of 67° W. Long. Sea turtle, logger- Caretta caretta ...... South Pacific Ocean South Pacific south E NA NA head, South Pa- Basin.. of the equator, cific Ocean. north of 60° S. Lat., west of 67° W. Long., and east of 139° E. Long. Sea turtle, logger- Caretta caretta ...... Southeast Indian Southeast Indian E NA NA head, Southeast Ocean Basin; Ocean south of Indo-Pacific Ocean. South Pacific the equator, north Ocean Basin as of 60° S. Lat., and far east as 139° E east of 80° E. Long.. Long.; South Pa- cific Ocean south of the equator, north of 60° S. Lat., and west of 139° E. Long. Sea turtle, logger- Caretta caretta ...... Southwest Indian Southwest Indian T NA NA head, Southwest Ocean Basin.. Ocean north of Indian Ocean. the equator, south of 30° N. Lat., west of 20° E. Long., and east of 80° E. Long.

*******

PART 223—THREATENED MARINE 1361 et seq.; 16 U.S.C. 5503(d) for a new paragraph (b)(2) and (b)(3) to read AND ANADROMOUS SPECIES § 223.206(d)(9). as follows: 3. The authority citation for part 223 4. Amend the table in § 223.102 by § 223.102 Enumeration of threatened continues to read as follows: redesignating paragraph (b)(3) as marine and anadromous species. Authority: 16 U.S.C. 1531 1543; subpart B, paragraph (b)(4), and by removing the * * * * * § 223.201–202 also issued under 16 U.S.C. existing paragraph (b)(2), and by adding (b) * * *

Species 1 Citation(s) Citation(s) for listing de- for critical Where listed termination(s) habitat des- Common name Scientific name ignation(s)

******* (2) Sea turtle, logger- Caretta caretta ...... South Atlantic Ocean south of the equator, north [INSERT FR CITATION NA head, South Atlantic of 60° S. Lat., west of 20° E. Long., and east WHEN PUBLISHED Ocean DPS. of 67° W. Long.. AS A FINAL RULE]. (3) Sea turtle, logger- Caretta caretta ...... Southwest Indian Ocean north of the equator, [INSERT FR CITATION NA head, Southwest In- south of 30° N. Lat., west of 20° E. Long., and WHEN PUBLISHED dian Ocean DPS. east of 80° E. Long.. AS A FINAL RULE].

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00059 Fmt 4701 Sfmt 4702 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2 12656 Federal Register / Vol. 75, No. 50 / Tuesday, March 16, 2010 / Proposed Rules

Species 1 Citation(s) Citation(s) for listing de- for critical Where listed termination(s) habitat des- Common name Scientific name ignation(s)

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

PART 224—ENDANGERED MARINE 6. Amend § 224.101 by revising (c) Sea turtles. The following table AND ANADROMOUS SPECIES paragraph (c) to read as follows: lists the common and scientific names of endangered sea turtles, the locations 5. The authority citation for part 224 § 224.101 Enumeration of endangered where they are listed, and the citations continues to read as follows: marine and anadromous species. for the listings and critical habitat Authority: 16 U.S.C. 1531–1543 and 16 * * * * * designations. U.S.C. 1361 et seq.

Species 1 Citation(s) Citation(s) for listing de- for critical Where listed termination(s) habitat des- Common name Scientific name ignation(s)

(1) Sea turtle, logger- Caretta caretta ...... Mediterranean Sea east of 5°36′ W. Long ...... [INSERT FR CITATION NA head, Mediterranean WHEN PUBLISHED Sea DPS. AS A FINAL RULE]. (2) Sea turtle, logger- Caretta caretta ...... North Indian Ocean north of the equator and [INSERT FR CITATION NA head, North Indian south of 30° N. Lat. WHEN PUBLISHED Ocean DPS. AS A FINAL RULE]. (3) Sea turtle, logger- Caretta caretta ...... North Pacific north of the equator and south of [INSERT FR CITATION NA head, North Pacific 60° N. Lat. WHEN PUBLISHED Ocean DPS. AS A FINAL RULE]. (4) Sea turtle, logger- Caretta caretta ...... Northeast Atlantic Ocean north of the equator, [INSERT FR CITATION NA head, Northeast Atlan- south of 60° N. Lat., east of 40° W. Long., and WHEN PUBLISHED tic Ocean DPS. west of 5°36′ W. Long. AS A FINAL RULE]. (5) Sea turtle, logger- Caretta caretta ...... Northwest Atlantic Ocean north of the equator, [INSERT FR CITATION NA head, Northwest Atlan- south of 60° N. Lat., and west of 40° W. Long. WHEN PUBLISHED tic Ocean DPS. AS A FINAL RULE]. (6) Sea turtle, logger- Caretta caretta ...... South Pacific south of the equator, north of 60° [INSERT FR CITATION NA head, South Pacific S. Lat., west of 67° W. Long., and east of WHEN PUBLISHED Ocean DPS. 139° E. Long. AS A FINAL RULE]. (7) Sea turtle, logger- Caretta caretta ...... Southeast Indian Ocean south of the equator, [INSERT FR CITATION NA head, Southeast Indo- north of 60° S. Lat., and east of 80° E. Long.; WHEN PUBLISHED Pacific Ocean DPS. South Pacific Ocean south of the equator, AS A FINAL RULE]. north of 60° S. Lat., and west of 139° E. Long. 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

* * * * * [FR Doc. 2010–5370 Filed 3–15–10; 8:45 am] BILLING CODE 3510–22–P

VerDate Nov<24>2008 15:42 Mar 15, 2010 Jkt 220001 PO 00000 Frm 00060 Fmt 4701 Sfmt 9990 E:\FR\FM\16MRP2.SGM 16MRP2 emcdonald on DSK2BSOYB1PROD with PROPOSALS2