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December 20, 2007 BEFORE THE SECRETARY OF COMMERCE PETITION TO LIST THE RIBBON SEAL (HISTRIOPHOCA FASCIATA) AS A THREATENED OR ENDANGERED SPECIES UNDER THE ENDANGERED SPECIES ACT © G. CARLETON RAY CENTER FOR BIOLOGICAL DIVERSITY DECEMBER 20, 2007 Notice of Petition____________________________________________________ Carlos M. Gutierrez Secretary of Commerce U.S. Department of Commerce 1401 Constitution Avenue, N.W., Room 5516 Washington, D.C. 20230 Dr. William Hogarth Assistant Administrator for Fisheries National Oceanographic and Atmospheric Administration 1315 East-West Highway Silver Springs, MD 20910 PETITIONER The Center for Biological Diversity 1095 Market Street, Suite 511 San Francisco, CA 94103 ph: (415) 436-9682 ext 301 fax: (415) 436-9683 __________________________ Date: this 20th day of December, 2007 Shaye Wolf, Ph.D. Martha Palomino Tovar, Ph.D. Candidate Brendan Cummings Center for Biological Diversity Pursuant to Section 4(b) of the Endangered Species Act (“ESA”), 16 U.S.C. §1533(b), Section 553(3) of the Administrative Procedures Act, 5 U.S.C. § 553(e), and 50 C.F.R. §424.14(a), the Center for Biological Diversity (“Petitioner”) hereby petitions the Secretary of Commerce, through the National Marine Fisheries Service (“NMFS”), to list the ribbon seal (Histriophoca fasciata) as a threatened or endangered species and to designate critical habitat to ensure its survival and recovery. The Center for Biological Diversity (“Center”) is a non-profit, public interest environmental organization dedicated to the protection of native species and their habitats through science, policy, and environmental law. The Center has over 40,000 members in Alaska and throughout the United States. The Center and its members are concerned with the conservation of endangered species, including the ribbon seal, and the effective implementation of the ESA. Page ii - Petition to List the Ribbon Seal as a Threatened or Endangered Species 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. Petitioner needs not demonstrate that the petitioned action is warranted, rather, Petitioner must only present information demonstrating that such action may be warranted. While Petitioner believes that the best available science demonstrates that listing the ribbon seal as endangered is in fact warranted, there can be no reasonable dispute that the available information indicates that listing the species as either threatened or endangered may be warranted. As such, NMFS must promptly make a positive initial finding on the petition and commence a status review as required by 16 U.S.C. § 1533(b)(3)(B). Page iii - Petition to List the Ribbon Seal as a Threatened or Endangered Species Table of Contents Introduction................................................................................................................1 Natural History and Biology of the Ribbon Seal.......................................................3 I. SPECIES DESCRIPTION .................................................................................................3 II. TAXONOMY................................................................................................................4 III. DISTRIBUTION...........................................................................................................5 A. Seasonal Breeding and Foraging Range ............................................................................ 6 B. Migration............................................................................................................................ 7 IV. HABITAT REQUIREMENTS: IMPORTANCE OF SEA ICE TO RIBBON SEALS ................7 A. Importance of Sea Ice to Reproduction.............................................................................. 9 B. Importance of Sea Ice to Molting..................................................................................... 10 C. Importance of Sea Ice to Resting ..................................................................................... 10 D. Importance of Sea Ice to Movement................................................................................ 11 V. REPRODUCTION AND REPRODUCTIVE BEHAVIOR....................................................11 VI. DIET AND FORAGING BEHAVIOR............................................................................12 VII. SOURCES OF NATURAL MORTALITY .....................................................................14 VIII. DEMOGRAPHIC RATES .........................................................................................14 Abundance and Population Trends of the Ribbon Seal...........................................15 The Ribbon Seal Warrants Listing Under the ESA.................................................17 I. CRITERIA FOR LISTING SPECIES AS ENDANGERED OR THREATENED........................17 II. THE RIBBON SEAL QUALIFIES FOR LISTING UNDER THE ESA ................................18 A. Present or Threatened Destruction, Modification, or Curtailment of Habitat or Range.. 19 1. Global Climate Change.................................................................................................. 19 a. The Climate System, Greenhouse Gas Concentrations, the Greenhouse Effect, and Global Warming........................................................................................................ 19 b. The Arctic is Warming Much Faster than Other Regions ........................................ 23 c. Climate and Environmental Changes Observed to Date........................................... 25 d. Observed Impacts to Ice-dependent Seals from Global Warming............................ 38 e. Projected Climate and Environmental Changes........................................................ 39 f. Future Threats to the Ribbon Seal from Global Warming ........................................ 46 B. Overutilization for Commercial, Recreational, Scientific, or Educational Purposes....... 51 C. Disease or Predation......................................................................................................... 53 D. Inadequacy of Existing Regulatory Mechanisms............................................................. 54 1. Regulatory Mechanisms Addressing Greenhouse Gas Pollution and Global Warming Are Inadequate............................................................................................................... 54 a. The United Nations Framework Convention on Climate Change ............................ 54 b. The Kyoto Protocol................................................................................................... 55 c. United States Climate Initiatives are Ineffective ...................................................... 57 2. Regulatory Mechanisms Addressing Other Threats Are Inadequate............................. 60 E. Other Natural and Anthropogenic Factors ....................................................................... 62 Page iv - Petition to List the Ribbon Seal as a Threatened or Endangered Species 1. Ocean Acidification ...................................................................................................... 62 2. Oil and Gas Exploration and Development .................................................................. 63 3. Contaminants ................................................................................................................ 71 4. Commercial fisheries .................................................................................................... 71 Research and Management Recommendations .......................................................73 Critical Habitat.........................................................................................................74 Conclusion ...............................................................................................................75 Literature Cited ........................................................................................................75 Page v - Petition to List the Ribbon Seal as a Threatened or Endangered Species Introduction The ribbon seal (Histriophoca fasciata) is one of nine ice-associated pinnipeds of the Arctic shelf region that is completely dependent on sea ice for its survival. It is readily distinguished by the distinctive banding pattern of its fur, on which four white bands encircle the head, the base of the trunk, and the two fore-flippers against a dark base coat. During late winter through early summer (March-June), the ribbon seal relies on the loose pack ice of the sea-ice front of the Bering and Okhotsk Seas for reproduction, molting, and as a platform for foraging. During summer and fall, the ribbon seal is entirely pelagic, foraging on fish, squid, and crustaceans in the Bering and Chukchi Seas. The current population status of ribbon seal populations is unknown because recent censuses have not been conduced. In its most recent 2007 draft stock assessment, NMFS reported a global population size of 240,000 individuals, with an estimate of 90,000-100,000 ribbon seals in the Bering Sea. The ribbon seal faces likely global extinction in the wild by the end of this century
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