PETITION TO LIST THE NORTHEASTERN PACIFIC POPULATION OF WHITE SHARK (CARCHARODON CARCHARIAS) AS THREATENED OR ENDANGERED OCEANA CENTER FOR BIOLOGICAL DIVERSITY SHARK STEWARDS August 10, 2012 Photo by Jim Agronick (Shutterstock) 1 Notice of Petition Rebecca Blank Acting Secretary of Commerce U.S. Department of Commerce 1401 Constitution Avenue, N.W., Room 5516 Washington, D.C. 20230 E-mail:
[email protected] Sam Rauch NOAA Fisheries National Oceanographic and Atmospheric Administration 1315 East-West Highway Silver Springs, MD 20910 E-mail:
[email protected] Pursuant to Section 4(b) of the Endangered Species Act (“ESA”), 16 U.S.C. §1533(b), Section 553(3) of the Administrative Procedure Act, 5 U.S.C. § 553(e), and 50 C.F.R. §424.14(a), the Center for Biological Diversity, Oceana, and SharkStewards (“Petitioners”) hereby petition the Secretary of Commerce and the National Oceanographic and Atmospheric Administration (“NOAA”), through the National Marine Fisheries Service (“NMFS” or “NOAA Fisheries”), to list the Northeastern Pacific distinct population segment (“DPS”) of the white shark, Carcharodon carcharias, as threatened or endangered, and to designate critical habitat to ensure its survival and recovery. NMFS has jurisdiction over this petition. This petition sets in motion a specific process, placing definite response requirements on NMFS. Specifically, NMFS must issue an initial finding as to whether the petition “presents substantial scientific or commercial information indicating that the petitioned action may be warranted.” 16 U.S.C. §1533(b)(3)(A). NMFS must make this initial finding “[t]o the maximum extent practicable, within 90 days after receiving the petition.” Id.