1986 Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Proposed Rules

under the Regulatory Flexibility Act (5 DEPARTMENT OF COMMERCE • Electronic Submissions: Submit all U.S.C. 601 et seq.). The State submittal, electronic public comments via the which is the subject of this rule, is based National Oceanic and Atmospheric Federal eRulemaking Portal http:// on Federal regulations for which an Administration www.regulations.gov. analysis was prepared and certification • Facsimile (fax): 562–980–4027, made that such regulations would not 50 CFR Part 224 Attn: Melissa Neuman. • Mail: Submit written comments to have a significant economic effect on a [Docket No. 071128765–7769–01] substantial number of small entities. In Chief, Protected Resources Division, making the determination as to whether RIN 0648–AW32 Southwest Region, National Marine this rule would have a significant Fisheries Service, 501 West Ocean economic impact, the Department relied Endangered and Threatened Wildlife Blvd., Suite 4200, Long Beach, CA 90802–4213. upon the data and assumptions for the and Plants; Proposed Endangered Status for Black Abalone Instructions: All comments received Federal regulations. are a part of the public record and will Small Business Regulatory Enforcement AGENCY: National Marine Fisheries generally be posted to http:// Fairness Act Service (NMFS), National Oceanic and www.regulations.gov without change. Atmospheric Administration (NOAA), All Personal Identifying Information (for This rule is not a major rule under 5 Commerce. example, name, address, etc.) U.S.C. 804(2), the Small Business ACTION: Proposed rule; request for voluntarily submitted by the commenter Regulatory Enforcement Fairness Act. comments. may be publicly accessible. Do not This rule: (a) Does not have an annual submit Confidential Business effect on the economy of $100 million; SUMMARY: We, NMFS, have completed a Information or otherwise sensitive or (b) will not cause a major increase in review of the status of black abalone protected information. (Haliotis cracherodii) under the costs or prices for consumers, We will accept anonymous Endangered Species Act (ESA). After individual industries, Federal, State, or comments. Attachments to electronic reviewing the best scientific and local government agencies, or comments will be accepted in Microsoft commercial information available, geographic regions; and (c) does not Word, Excel, WordPerfect, or Adobe evaluating threats facing the species, PDF file formats only. have significant adverse effects on and considering efforts being made to competition, employment, investment, A draft black abalone status review protect black abalone, we have report and other reference materials productivity, innovation, or the ability concluded that the species is in danger of U.S.-based enterprises to compete regarding this determination can be of extinction throughout all of its range obtained via the Internet at: http:// with foreign-based enterprises. This and are proposing to list the species as www.nmfs.noaa.gov. The draft status determination is based upon the endangered under the ESA. This review report and list of references are analysis prepared for the Federal proposal is based on information also available by submitting a request to regulations. indicating that: the disease known as the Assistant Regional Administrator, withering syndrome has spread to areas Unfunded Mandates Protected Resources Division, throughout the range of the species, has Southwest Region, NMFS, 501 West This rule will not impose an been responsible for the local Ocean Blvd., Suite 4200, Long Beach, unfunded mandate on State, local, or extirpation of populations throughout a CA 90802–4213. large part of the species’ range, and tribal governments or the private sector FOR FURTHER INFORMATION CONTACT: threatens remaining black abalone of $100 million or more in any given Melissa Neuman, NMFS, Southwest populations; low adult densities below year. This determination is based upon Region (562) 980–4115; or Lisa the critical threshold density required the fact that the State submittal, which Manning, NMFS, Office of Protected for successful fertilization exist is the subject of this rule, is based on Resources (301) 713–1401. throughout a large part of the species’ Federal regulations for which an range; and, a number of interacting SUPPLEMENTARY INFORMATION: analysis was prepared and a factors (e.g., suboptimal water Background determination made that the Federal temperatures, reduced genetic diversity, regulations did not impose an unfunded and illegal harvest) may further hamper Black abalone was added to the mandate. natural recovery of the species. A National Marine Fisheries Service’s (NMFS’) Candidate Species list on June List of Subjects in 30 CFR Part 931 critical habitat designation is being considered and may be proposed in a 23, 1999 (64 FR 33466) and remained on Intergovernmental relations, Surface subsequent Federal Register notice. If this list after NMFS redefined the term mining, Underground mining. the proposed listing is finalized, a ‘‘candidate species’’ on April 15, 2004 (69 FR 19975). We initiated an informal Dated: December 7, 2007. recovery plan will be prepared and implemented. ESA status review of black abalone on Allen D. Klein, July 15, 2003, and formally announced Regional Director, Western Regional DATES: Comments on this proposal must initiation of a status review on October Coordinating Center. be received by April 10, 2008. Public 17, 2006 (71 FR 61021), at the same time [FR Doc. E8–359 Filed 1–10–08; 8:45 am] hearing (s) will be held promptly if any soliciting information from the public. person so requests by February 25, 2008. BILLING CODE 4310–05–P On December 27, 2006, we received a Notice of the location (s) and time(s) of petition from the Center for Biological any such hearing(s) will be published in Diversity (CBD) to list black abalone as the Federal Register not less than 15 either an endangered or threatened days before the hearing(s) is(are) held. species under the ESA and to designate ADDRESSES: You may submit comments, critical habitat for the species identified by [RIN 0648–AW32], by any concurrently with any listing one of the following methods: determination. We published a 90–day

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finding on April 13, 2007 (72 FR 18616), structure and extension of the foot Black abalone occur on a variety of stating that the CBD petition presented which bears lobed tentacles of the same rock types, including igneous, substantial scientific and commercial color (Cox, 1960), circle the foot and metamorphic, and sedimentary rocks at information indicating that the extend beyond the shell of a healthy a number of locations. Complex surfaces petitioned actions may be warranted. black abalone. The internal organs are with cracks and crevices in upper and In June 2007, we assembled a Status arranged around the foot and under the middle intertidal zones may be crucial Review Team (SRT) to review the shell. recruitment habitat and appear to be available information, assess the important for adult survival as well Historical and Current Distribution extinction risk and threats facing the (Leighton, 1959; Leighton and species, and produce an ESA status There is some debate regarding the Boolootian, 1963; Douros, 1985, 1987; review report for black abalone. The northern extent of the historic range of Miller and Lawrenz-Miller, 1993; draft status review report (VanBlaricom black abalone. Many have cited the VanBlaricom et al., 1993; Haaker et al., et al., 2007) (hereafter ‘‘status report’’) historic range as extending from Coos 1995). Complex configurations of rock provides a thorough account of black Bay, Oregon, USA to Cabo San Lucas, surfaces likely afford protection from abalone biology and natural history, and Southern Baja California, Mexico predators, direct impacts of breaking assesses demographic risks, threats and (Geiger, 2000). However, the waves, wave-born projectiles, and limiting factors, and overall extinction northernmost documented record of excessive solar heating during daytime risk. The key background information black abalone (based on museum low tides. and findings of the draft status report specimens) is from Crescent City (Del are summarized below. Norte County, California, USA; Geiger, Movement 2004). Most experts agree that the Planktonic larval abalone movement Taxonomy and Species Description current range of black abalone extends is almost certainly determined primarily Abalone, members of the gastropod from Point Arena (Mendocino County, by patterns of water movement in genus Haliotis, are marine gastropods California, USA) south to Northern Baja nearshore habitats near spawning sites. that occur throughout most of the world California, Mexico. Black abalone may Individual larvae may be able to (Cox, 1962). There are approximately 60 exist, but are considered extremely rare, influence movement to some degree by species (Geiger, 1999) found in north of San Francisco (Morris et al., adjusting vertical position in the water temperate to tropical waters from the 1980) to Crescent City, California, USA column, but to our knowledge the intertidal zone (i.e., the area of the and south of Punta Eugenia to Cabo San ability of black abalone larvae to move foreshore and seabed that is exposed to Lucas, Baja California, Mexico (P. in this way has not been documented. the air at low tide and submerged at Raimondi, pers. comm.). Within this Movement behavior of post- high tide) to depths of over 50 m. All broad geographic range, black abalone metamorphic juvenile black abalone is are benthic, occurring on hard substrate, generally inhabit coastal and offshore likewise unknown. Leighton (1959) and relatively sedentary, and generally island intertidal habitats on exposed Leighton and Boolootian (1963) indicate herbivorous, feeding on attached or rocky shores where bedrock provides that black abalone larvae may settle and drifting algal material. There are seven deep, protective crevice shelter metamorphose in the upper intertidal species of abalone native to the west (Leighton, 2005). zone, using crevices and depressions coast of North America (Geiger, 1999). (including those formed by abrasive The taxonomic classification of black Population Structure action of other intertidal mollusks) as abalone is as follows: Phylum Mollusca, Recent studies have evaluated habitat. Leighton and Boolootian (1963) Class Gastropoda, Subclass population structure in black abalone suggest that young black abalone move Prosobranchia, Order (Hamm and Burton, 2000; Chambers et lower in the intertidal zone as they Archaeogastropoda, Superfamily al., 2006; Gruenthal, 2007) using various begin to grow, occupying the undersides Pluerotomariacea, Family Haliotidae, methods. These studies indicate: (1) of large boulders. To our knowledge Genus Haliotis, Species cracherodii. minimal gene flow among populations; there is no published information on Leach (1814) gave the first formal (2) black abalone populations are direct observations of movement description of this shallow-living composed predominantly of closely behavior of small ( <20 mm) juvenile abalone (upper intertidal zone to related individuals produced by local black abalone in the field. Qualitative subtidal depths of 6 m), describing the spawning events; (3) gene flow among (Leighton, 2005; VanBlaricom, shell as smooth, circular, and black to island populations is relatively greater unpublished observations) and slate blue in color. There are five to nine than between island and mainland quantitative (Bergen, 1971; Blecha et al., open respiratory pores that are flush populations; and (4) the overall 1992; VanBlaricom and Ashworth, in with the shell’s surface. Typically, the connectivity among black abalone preparation; Richards, unpublished shell’s interior is white (Haaker et al., populations is low and likely reflects observations) studies of movement in 1986), with a poorly defined or no limited larval dispersal, and a low black abalone suggest that smaller muscle scar (Howorth, 1978). Adults degree of exchange among populations. abalone (<65 mm) move more frequently attain a maximum shell length of than larger abalone, movement is more Habitat approximately 20 cm (throughout this frequent during night hours compared document we use the maximum Black abalone occur over a broad to daylight hours, and that larger diameter of the elliptical shell as the latitudinal range, though the range abalone may remain in the same index for individual body size). The appears to have narrowed somewhat location for many years. muscular foot of the black abalone from historic times. This broad range, in allows the animal to clamp tightly to addition to their small-scale distribution Diet rocky surfaces without being dislodged (high intertidal to 6 m depth), is Larvae are lecithotrophic (i.e., receive by wave action. Locomotion is associated with an evolved capability to nourishment via an egg yolk) and accomplished by an undulating motion withstand extreme variation in apparently do not feed while in the of the foot. A column of shell muscle environmental conditions such as plankton. From the time of post-larval attaches the body to the shell. The temperature, salinity, moisture, and metamorphosis to a size of about 20 mantle and black epipodium, a sensory wave action. mm, black abalone are highly cryptic,

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occurring primarily on the undersides of in densities over the past quarter- significant to the success of the larval large boulders or in deep narrow century in almost the entire geographic recruitment process in black abalone; crevices in solid rocky substrata. In such range of the species. Reductions in and, that the presence of adult black locations the primary food sources are density are so extreme and widespread abalone may facilitate larval settlement thought to be microbial and possibly that considerable attention is now and metamorphosis because the diatom films (Leighton, 1959; Leighton focused on assessment of critical activities and presence of the abalone and Boolootian, 1963; Bergen, 1971). At density thresholds for successful favor the maintenance of substantial roughly 20 mm black abalone move to reproduction, recruitment, and substratum cover by crustose coralline more open locations, albeit still population sustainability. A review of algae. Although crustose coralline algae relatively cryptic, gaining access to both critical density thresholds, below which are ubiquitous in rocky benthic habitats attached macrophytes and to pieces of recruitment failure occurs, for other along the west coast of North America, drift plants cast into the intertidal zone marine, broadcast-spawning a mechanistic understanding of by waves and currents. As black abalone invertebrates (i.e., sea urchins, sea processes that sustain these algal continue to grow, the most commonly cucumbers, hard clams, scallops, giant populations has not been established to observed feeding method is entrapment clams, and geoduck clams) has revealed of drift plant fragments. Webber and that critical density thresholds exist our knowledge. If the presence of black Giese (1969), Bergen (1971), Hines and across a broad taxonomic range. abalone facilitates the abundance of Pearse (1982), and Douros (1987) have However, despite apparent risks of local crustose coralline algae, it follows that confirmed the importance of large kelps extinction when populations decline the issue of critical density thresholds in the diet of juvenile and adult black below critical density thresholds, there may take on added importance. abalone. The primary food species are are several cases where combinations of Larval Dispersal and Recruitment said to be Macrocystis pyrifera and circumstances allow populations to Egregia menziesii in southern California recover to densities above the critical Indirect methods for assessing larval (i.e., south of Pt. Conception) habitats, thresholds. Thus, for black abalone the dispersal in abalone (Tegner and Butler, and Nereocystis leutkeana in central key conservation issues are 1985; Prince et al., 1988; Hamm and and northern California habitats. identification of critical density Burton, 2000; Chambers et al., 2005; thresholds and an understanding of Reproduction Chambers et al., 2006; Gruenthal, 2007) circumstances, if any, that may allow point to consistent results. Given that Black abalone have separate sexes and escape from high risks of local most abalone larvae are drifting in the are ‘‘broadcast’’ spawners. Gametes from extinction when thresholds are water for a period of about 3–10 days both parents are shed into the sea, and breached. before settlement and metamorphosis fertilization is entirely external. Babcock and Keesing (1999) estimated (e.g., McShane, 1992), abalone in Resulting larvae are minute and critical density thresholds at 0.15–0.20 general, including black abalone, have defenseless, receive no parental care or m–2 for greenlip abalone (Haliotis protection of any kind, and are subject laevigata). Tissot (2007) reviewed limited capacity for dispersal over to a broad array of physical and recruitment patterns in three long-term distances beyond a few kilometers, and biological sources of mortality. Species data sets for black abalone in California: are able to do so only rarely. with a broadcast-spawning reproductive in each case, recruitment failed when Tissot (2007) has estimated strategy are subject to strong selection declining population densities fell empirically that successful recruitment for maximum fecundity of both sexes. below 0.75–1.1 m–2. Tissot (2007) noted of black abalone requires the presence of Only through production of large that densities in most black abalone local adult populations at densities of numbers of gametes can broadcast populations south of Cayucos, 0.75–1.1 m¥2 or greater, and that the spawners overcome high mortality of California, have fallen below the number of known populations of adult gametes and larvae and survive across densities noted. Recent evidence black abalone at or above putative generations. It is not uncommon for suggests that disease-induced increases threshold densities is diminishing over broadcast-spawning marine species, a in the mortality rate of black abalone time in a geographically progressive group including many taxa of fish and continue to move northward along the manner. Tissot (2007) further noted that invertebrates, to produce millions of mainland coast of California (e.g., virtually all monitored black abalone eggs or sperm per individual per year. Raimondi et al., 2002; Miner et al., populations continue to decrease in Broadcast spawners are also subject to 2006). Thus, critical density thresholds mean density over time. This other kinds of selection for certain traits are thought to have been violated for combination of observations emphasizes most of the black abalone populations in associated with reproduction, including the importance of critical density California, and because of the spread of spatial and temporal synchrony in thresholds in the sustainability and the disease known as withering spawning and mechanisms that increase conservation of black abalone probabilities for union of spawned syndrome (as explained below), the populations throughout their range. gametes. number and geographic scope of populations with densities falling below Patterns of aggregation may mitigate Spawning Density sustainable levels is expected to effects of decline below a critical As intertidal organisms on exposed increase. density threshold (VanBlaricom, rocky shores, black abalone typically unpublished data). However, only one release gametes into environments of Larval Settlement or two populations in California that extreme turbulence. As a consequence, A sequence of studies and discoveries have sustained mass mortality due to eggs and sperm must be released from by Morse and colleagues (Morse et al., withering syndrome are known to be adults in relatively close spatial and 1979; Morse and Morse, 1984; Trapido- increasing in numbers. Thus, even if an temporal proximity in order to have any Rosenthal and Morse, 1986; Morse, ability for black abalone to aggregate chance of union and fertilization before 1990; Morse, 1992), Douros (1985), and exists, it may not be sufficient to rapid dispersal and loss of opportunity. Miner et al. (2006) suggest that facilitate successful recruitment and A central problem for conservation of availability of crustose coralline algae in population sustainability under current black abalone is the dramatic reduction appropriate intertidal habitats may be environmental conditions.

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Growth and Maximum Size Physical oceanographic conditions, California Department of Fish and Available data on black abalone predation by octopuses, lobsters, sea Game landings data (1940–1993) growth suggest that young animals reach stars, fishes, sea otters, and shorebirds, indicate that black abalone were maximum shell diameters of about 2 cm competition with sea urchins, and food intensively exploited only after other in their first year, then grow at rates of limitation may all impose mortality at more marketable species had been 1–2 cm per year for the next several varying rates depending on black largely depleted. Black abalone landings years. Growth begins to slow at lengths abalone life stage. The draft status report peaked in 1973 at 868 mt. During the of about 10 cm, corresponding to an age (VanBlaricom et al., 2007) provides peak decade of black abalone fishing range of 4–8 yrs. Beyond this point, additional qualitative information from 1972–1981, Rogers-Bennett et al. (2002) estimate that approximately 3.5 growth is less predictable, shell erosion regarding the relative importance of million individuals were taken in the may become a significant factor, and these sources of mortality. The commercial fishery, and an additional size distributions for older animals may importance of anthropogenic mortality 6,729 animals were taken in the vary according to local conditions. (i.e., commercial and recreational recreational fishery. By 1993 both Growth and erosion of shells may come harvest, illegal harvest, incidental fisheries for black abalone were closed into equilibrium in older black abalone, losses, pollution) is also discussed in due to concerns regarding severe such that growth can be viewed as the draft status report and in other population declines (Haaker et al., facultatively determinant. sections of this proposed rule (see 1992). Maximum recorded shell length for Summary of Factors Affecting the Species). Rogers-Bennett et al. (2002) estimated black abalone was listed at 213 mm by baseline abundance, prior to overfishing Wagner and Abbott (1990). Ault (1985) Abundance and mass mortalities due to withering reported a maximum shell length of syndrome (for more detailed black abalone at 215 mm. Leighton There are two types of data that can be examined to provide a better information on withering syndrome see (2005) indicated a shell length of 216 Summary of Factors Affecting the mm reported by Owen (unpublished understanding of variation in black abalone abundance over time: fishery- Species below), for black abalone using observation). At least two black abalone landings data from the peak of the of approximately 220 mm maximum dependent and fishery-independent data. Based on a detailed examination of commercial and recreational fisheries shell length were known to be alive at (1972–1981), assuming that the San Nicolas Island in January 2007 these two data types, Tissot (2007) evaluated trends in black abalone population was at least as large as the (VanBlaricom, Neuman, and Witting, number taken in the fishery, that the abundance over the last 3 decades. unpublished observations), but the fishery ‘‘sampled’’ all size classes, and cryptic locations of the animals have Fishery-dependent Information that no new individuals were added to made measurements awkward and the population during the 10–year peak possibly not accurate. Monitoring and An intertidal fishery focused on red of the fishery. With these assumptions, measurement of these individuals will (Haliotis rufescens Swainson, 1822), the baseline minimum estimate of continue in association with ongoing green (Haliotis fulgens Philippi, 1845), abundance for black abalone prior to population surveys. and black abalone began in the 1850s in overexploitation and withering Central California and in the 1880s in Mortality syndrome was 3.54 million animals. Baja California, Mexico (Bonnot, 1930; This estimate provides a historic Mortality rates caused by withering Lundy, 1997). The fishery peaked at perspective on patterns in abundance, syndrome appear to be sensitive to 1,860 mt in 1879 (Cox, 1962). By 1913, defines a relevant baseline abundance fluctuations in local sea surface the intertidal fishery was closed because against which to compare modern day temperatures (Friedman et al., 1997; of concerns regarding overfishing trends, and helps to assess the species’ Raimondi et al., 2002; Harley and (Bonnot, 1930). From 1913–1928, current status and risks. However, it Rogers-Bennett, 2004; Vilchis et al., commercial and recreational dive should be noted that the estimate was 2005). There is evidence that, in the fisheries developed, but black abalone calculated using data from a period of short term, population-scale mortality were not documented prior to 1940. time when black abalone reached rates vary in space and time from near During the 18th and 19th centuries, two extraordinary abundance levels on the zero to high proportions of local predatory forces on black abalone Channel Islands, possibly in response to populations. The available evidence populations in Southern California had the elimination of subsistence harvests suggests that mortality rates driven by been removed. First, the Native by indigenous peoples, limited public withering syndrome are highest during American Chumash and Gabrielino/ access in modern times, and regional- periods following elevations in sea Tongva cultures of the southern scale extinctions of sea otters. surface temperature (e.g., Raimondi et California Islands, who were known to The abalone fishery in Mexico dates al., 2002). Over the long term, all have harvested black abalones in large to approximately 1860, but modern available evidence indicates substantial numbers for food over periods of five to commercial harvests did not develop increases in mortality rates, and ten millennia, and fur hunters until the 1940s. The fishery is pursued consequent reductions in densities, in responsible for the elimination of by 22 fishing cooperatives, distributed populations throughout the range of southern sea otter populations south of across 4 management zones on the black abalone that have been afflicted by Point Conception by the time of the U.S. Pacific coast of the Baja California withering syndrome (e.g., Tissot, 2007). Civil War. There is uncertainty peninsula. Five cooperatives are present More detail regarding the severe risk regarding the ecological importance of in management zone 1, which is the that withering syndrome poses to the sea otter predation on black abalone, but northernmost of the zones and extends future survival of the species is the potential for strong interactions is from the U.S.-Mexico border to Punta presented below (see Summary of substantial given known effects of sea Malarrimo, Baja California Sur. Factors Affecting the Species and otter predation on red abalone (for more Reported commercial fishery data for Population Modeling: Geographic detailed information on the effects of black abalone during 1990–2003 comes Spread of Disease vs. Disease sea otter predation see Summary of entirely from management zone 1. Resistance). Factors Affecting the Species below). During this time period, the commercial

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catch of black abalone in Mexico data. The highest local density of black of Northern Baja California. Large declined from a high of 28 mt in 1990 abalone recorded among the several numbers of older shells were identified to <0.5 mt in 2003, an overall decline of studies of island populations in the at a few sites, suggesting that black greater than 98 percent (J. Palleiro, 1980s was 296 individuals, primarily abalone were abundant in these areas in unpublished data; Sierra-Rodriguez et adults, in a single quadrat of 1 m2 at San the past. al., 2006). These data suggest similar Nicolas Island on November 23, 1988, at Consideration as a ‘‘Species’’ Under the fishery declines to those in California. site 7 (VanBlaricom, 1993; unpublished ESA The decline in Mexico is attributed data). primarily to large mortality events In recent years, three fishery- The ESA defines a species as ‘‘any associated with withering syndrome, independent surveys for black abalone species or subspecies of wildlife or rather than to overfishing. have been conducted along the plants, or any distinct population mainland coast and offshore islands of segment of any species of vertebrate fish Fishery-independent Information Baja California, Mexico. In 2002, a or wildlife which interbreeds when The earliest fishery-independent survey for black abalone was done at mature.’’ Black abalone is a marine black abalone abundance estimates were Bahia Tortugas, just south of Punta invertebrate and is not a subspecies; generated beginning in 1975 at survey Eugenia and located at the north end of therefore, it may not be subdivided into stations on the Palos Verdes Peninsula management zone 2. Only four a listable unit below the taxonomic of Los Angeles County, California individuals were found, ranging in species level. (Miller and Lawrenz-Miller, 1993). maximum shell diameter from 121 to Status of Black Abalone Black abalone densities ranged from 1.0 152 mm (Sierra Rodriguez et al., 2006). to 6.8 m¥2 from 1975–1976, but A second survey was conducted in Black abalone have experienced major declined during the remainder of the 2004. Black abalone were found at low declines in abundance that prompted survey interval to less than 0.3 m¥2 by densities where they occurred, with 98 eventual closure of the commercial and 1987. Douros (1987) reported densities percent of located animals measuring recreational fisheries and resulted in as great as 127 m–2 in certain surge <120 cm in maximum shell diameter. local extinctions and low local densities channels at Santa Cruz Island in 1983– No animals were found with symptoms in the majority of long-term monitoring 1984, but typical densities within a of withering syndrome during the 2004 studies in California. These declines study site ranged from 30 to 90 m–2. survey. Black abalone were found along have been particularly severe in the Other field studies during the 1980s on the mainland coast of management zone southern California Islands, which were Santa Cruz Island yielded black abalone 1, and on Isla Guadalupe and Isla San major foci for the commercial fishery densities of 0 to 50 m¥2 (Haaker et al., from 1970–1993 and where abalone Jeronimo. The only black abalone found ¥ 1992). Tissot (1995), also studying black in Baja California Sur were at Bahia densities were high (>40 m 2) as late as abalone populations on Santa Cruz Tortugas (Sierra-Rodriguez et al., 2006). the mid–1980s. Although the geographic Island, found averages of 43 to 58 m¥2 The third study was conducted in range of black abalone extends to for surf-exposed and protected 2005 in regions of upwelling on rocky northern California, the vast majority of subpopulations, respectively, in 1987. intertidal benches along the northern abalone populations have historically These densities declined over the next Baja California coast from Costa Azul to occurred south of Monterey, particularly 6 years due to withering syndrome, Punta Baja (Raimondi, unpublished in the Channel Islands (Cox, 1960; dropping to less than 1 m¥2 by 1993. As data). Twelve sites, suspected to have Karpov et al., 2000). Thus, black of this writing, only one site on Santa been affected by withering syndrome, abalone populations have been severely Cruz Island (Willows Anchorage) has were surveyed for suitable habitat reduced over an area that covers more experienced an increase in local density (rocky crevices) in the mid to low than half of the species’ geographic since 1993. intertidal zone, and then timed searches range, and black abalone from these Several studies monitoring black were conducted for black abalone. Black areas historically comprised greater than abalone abundance at other Channel abalone were not densely aggregated at 90 percent of the commercial fishery Islands found similar declines through any site surveyed in this study; catch and the majority of the adult black the late 1980s and early 1990s. From however, a large proportion of the abalone populations in California. 1985 to 1989, mean densities for black individuals found were small (<50 mm). Both the commercial fishery trends abalone populations on Anacapa, Santa This evidence of recent recruitment in and long-term monitoring studies Rosa, Santa Barbara, and San Miguel northern Baja California is promising indicate that significant declines in islands were obtained annually along given that there is no evidence of black abalone abundance began in permanent transects established by the successful recruitment to mainland southern California in the mid–1980s. Channel Islands National Park (Richards California sites affected by withering The first evidence of decline came from and Davis, 1993). Densities ranged from syndrome (south of Pt. Piedras Blancas Palos Verdes in the late 1970s and early 20 to 50 m¥2 on early visits, but fell to in northern San Luis Obispo County). 1980s and at Laguna Beach in 1985– <10 m¥2 by 1989 for all islands except Raimondi (unpublished data) 1986 (Tissot, 1988). However, in the for San Miguel due to mass mortalities hypothesized that the discrepancy case of Palos Verdes, the decline may associated with withering syndrome. By between the patterns of recruitment in have been due to other factors (Miller 1996, local densities fell to 1.0 m¥2 or the two regions may be because: (1) and Lawrenz-Miller, 1993). By 1986, less on San Miguel Island. healthy populations exist somewhere in declining populations and associated At San Nicolas Island, densities of Mexico (perhaps on offshore islands), observations of withering syndrome had black abalones averaged >10 m¥2 at and these are seeding northern areas; or spread to the northern Channel Islands, nine monitored sites from 1981 to the (2) recruitment dynamics are different starting at Anacapa, progressing to Santa early 1990s. Withering syndrome was for withering syndrome-impacted sites Rosa, Santa Cruz, and Santa Barbara first seen at San Nicolas Island in spring in Mexico versus those in California. islands, and finally reaching San Miguel 1992 (VanBlaricom et al., 1993), and Fresh shells, in some cases containing Island in 1989 (Tissot, 1991; Davis et al., densities declined during the middle flesh, were found at three of the twelve 1992; Tissot, 1995). By the early 1990s, 1990s to <1 abalone m¥2 at all sights sites, suggesting that withering declines were observed on San Nicolas except one (VanBlaricom, unpublished syndrome may still be impacting areas Island (VanBlaricom et al., 1993) and

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north of Point Conception on the juvenile green abalone was rare in Palos geographic spatial structure that is not mainland to Government Point, Santa Verdes, California, where adult abalone widely distributed across a variety of Barbara County (Altstatt et al., 1996). were very uncommon even though well-connected habitats will have a During the 1990s, declines in abundant adult stocks were found less diminished capacity for recolonizing abundance were noted north of than 30 km away in the Channel locally extirpated populations, and is at Government Point to Cayucos in San Islands. Thus, although more abundant increased risk of extinction due to Luis Obispo County (Altstatt et al., black abalone populations occur in environmental perturbations and 1996; Raimondi et al., 2002). Noted central and perhaps northern California, catastrophic events. A species that has declines were also observed in central decimated stocks in southern California lost locally adapted genetic and life- Baja California, Mexico, around Bahia are unlikely to receive significant history diversity may lack the raw Tortugas during El Nino events in the recruitment from these distant resources necessary to endure short- and late 1980s and 1990s (Altstatt et al., populations (Hamm and Burton, 2000). long-term environmental changes. 1996; Pedro Sierra-Rodriquez, personal Studies indicate that a local adult The SRT concluded that black communication) and may be linked to density ‘‘threshold’’ exists and abalone face high levels of risk in each declines in the fishery that occurred in influences local recruitment. Recovery of the four demographic criteria. The the 1990s. Thus, the spread of withering will largely depend on the density of SRT unanimously scored the species’ syndrome is strongly associated with local brood stocks and whether this abundance as high risk due to critically declines in abundance and with a density is below the critical value low population abundance as indicated pattern of increased northward necessary for successful recruitment by local density levels. Severe declines expansion co-occurring with increasing (Tegner, 1992). Based on field in abundance (greater than 90 percent) coastal warming and El Nino events experiments, Babcock and Keesing have occurred at the majority (76 (Tissot, 1995; Altstatt et al., 1996; (1999) showed that recruitment failure percent) of long-term monitoring study Raimondi et al., 2002). occurred in greenlip abalone at adult sites, including all sites in southern To our knowledge there are no data densities of 0.15–0.20 m¥2. Based on California (Tissot, 2007). The high risk available on black abalone populations empirical data from three long-term to abundance is attributable to north of San Mateo County on the studies of black abalone in California, population densities below the mainland coast of California. As a recruitment failure occurred below minimum threshold density necessary consequence, we lack information on ¥2 for successful fertilization (0.75 – 1.1 adult densities of 0.75–1.10 m . Given ¥ the remaining stocks of black abalone that the majority of populations south of m 2). Additionally, this factor not influenced by withering syndrome. Cayucos in central California are below contributes significantly to long-term The two northernmost sites have either this threshold, many significantly so, it risk of extinction, and, coupled with not been studied since 1995 (Ano seems unlikely that these populations low spatial connectivity between Nuevo; Tissot, 1995) or have only been will be able to recover naturally to their populations (i.e., making recolonization recently established in large, dispersed former abundances, at least in the near unlikely) and the ongoing activity and areas (Pigeon Point; Raimondi and future. Moreover, given the continued expansion of withering syndrome, is Miner, pers. comm.). Establishment of decline of most populations and the likely to contribute to short-term risk of long-term monitoring studies in continued northward expansion of extinction in the foreseeable future. northern California (e.g., in San withering syndrome with warming The majority of the SRT concluded Francisco County and north of the events (Raimondi et al., 2002), it seems that there is a very high risk of black Golden Gate) would serve an important likely that black abalone populations abalone extinction due to low growth and productivity. Population growth is need in documenting northward will continue to decline on a large scale. progression of withering syndrome and negative in all areas south of Cayucos, mass mortality in the northern limit of Assessment of Risk of Extinction California, except for two locations in the geographic range of black abalone. Analysis of Demographic Risk the southern California Islands. Natural recovery of severely reduced Furthermore, all sites south of Cayucos, abalone populations can be a very slow The demographic risks that black but for the two isolated island locations, process (e.g., Tegner, 1992). This is abalone face were assessed by have exhibited recruitment failure largely due to the low reproductive considering four criteria (abundance, because of local densities below the efficiency of widely dispersed adult growth rate/productivity, spatial minimum threshold for successful populations coupled with short larval structure/connectivity, and genetic and fertilization. This high level of risk due dispersal distances (see Reproduction life history diversity) and other key risks to poor growth rate and productivity, by and Spawning Density above). (e.g., threats). These criteria provide a itself, likely indicates a high risk of Therefore, severely reduced strong indication of the level of extinction in the near future. populations, in addition to providing extinction risk faced by a species. A The majority of the SRT concluded few reproductive adults, also experience species at very low levels of abundance that black abalone are at high to very reduced effectiveness of fertilization and with few populations will be less high risk because of compromised and eventual recruitment of larval tolerant to environmental variation, spatial structure and population abalone. catastrophic events, genetic processes, connectivity. Dispersion data among Moreover, many studies have shown demographic stochasticity, ecological local populations indicates that there is that abalone larvae generally do not interactions, and other processes. poor connectivity among populations. disperse widely. For example, Prince et Productivity or a growth rate that is Such limited connectivity reduces the al. (1988) and McShane (1992) showed unstable or declining over a long period likelihood that disease resistance to a strong correlation between the of time may reflect a variety of causes, withering syndrome, if it exists, will abundances of adult and newly but indicates poor resiliency to future spread to other populations. recruited abalone at several sites in environmental variability or change. For Furthermore, the poor connectivity South Australia, which suggests that species at low levels of abundance, in among populations makes it unlikely larvae are not dispersed very far from particular, declining or highly variable that populations extirpated by disease their point of origin. Similarly, Tegner productivity confers a high level of or catastrophic events will be (1992) showed that recruitment of extinction risk. A species with a recolonized in the foreseeable future.

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The SRT unanimously concluded that and no viable populations remain) in 30 become elevated because of black abalone are at high extinction risk years based on the SRT members’ best anthropogenic sources of thermal because of low genetic diversity. professional judgment was 95.7 percent. effluent and long-and short-term climate Genetic diversity in a population is The collective view of the SRT is that change (e.g., global climate change and determined by estimating the number of the risk is at a level where functional El Nino - Southern Oscillation). For possible alleles that may exist at gene extinction without active management example, discharge from the Diablo loci. Genetic diversity provides a has a very high likelihood of occurring. Canyon nuclear power plant in San Luis mechanism for populations to adapt to This probability should not be Obispo County, California and recent El their changing environment. Thus, the interpreted as a prediction of the demise Nino - Southern Oscillation more genetic variation in a population, of the last individual black abalone oceanographic events in the Pacific the better the chance that at least some within 30 years. Ocean have produced short-term individuals will have the capability to periods of ocean warming and are Summary of Factors Affecting the adapt to a new environment and will be associated with increased rates of Species able to pass this capability on to mortality due to withering syndrome subsequent generations. Loss of genetic According to Section 4 of the ESA, the over relatively small spatial scales. diversity in populations may occur Secretary of Commerce determines Although there is no explicitly because of factors that cause a major whether a species is threatened or documented causal link between the reduction in abundance and/or isolate a endangered because of any (or a existence of withering syndrome and subset of individuals from the rest of the combination) of the following factors: global climate change, patterns observed population. Genetic diversity has likely the present or threatened destruction, over the past 3 decades suggest that declined in black abalone populations modification, or curtailment of its progression of ocean warming because of catastrophic losses that the habitat or range; overutilization for associated with large-scale climate species has experienced throughout a commercial, recreational, scientific or change may facilitate further and more large part of its range. As a result, educational purposes; disease or prolonged vulnerability of black abalone populations have become small and predation; inadequacy of existing to effects of withering syndrome. more isolated, exacerbating the effects of regulatory mechanisms; or other natural Finally, we view the severity, naturally occurring low exchange rates or man-made factors affecting its geographic scope, and level of certainty between populations because of limited continued existence. We examined that black abalone are affected by larval dispersal. Overfishing and disease these factors for their historic, current, reduced food quality and quantity as have contributed to the loss of genetic and/or potential impact on black being relatively low compared to other diversity within black abalone abalone and considered them, along factors. Davis et al. (1992) posited that populations, and, as a result, the ability with current species distribution and a key consequence of kelp forest of extant (i.e., currently existing) black abundance, to help determine the ecosystem disruption, due to a variety of abalone populations to exhibit species’ present vulnerability to reasons such as El Nino events, was resilience in the face of other threats, extinction. reduced food supply for black abalone. such as other diseases, has been Present or Threatened Destruction, Although reductions in kelp abundance compromised. Low genetic diversity, in Modification, or Curtailment of its occurred in the early 1980s, subsequent combination with low spatial Habitat or Range studies (e.g., Friedman et al., 1997) have connectivity between populations, suggested that reduced food supply suggests that even if some genetic Most of the threats that result in probably did not trigger the mass resiliency exists locally, it is not likely substrate destruction, such as coastal mortalities caused by withering to spread and establish itself in other development, recreational access, cable syndrome. Kelp abundances had extant populations. repairs, nearshore military operations recovered from El Nino effects in and benthic community shifts, occur southern California by the time Population Modeling: Geographic infrequently, have a narrow geographic withering syndrome was first observed Spread of Disease vs. Disease Resistance scope, or have uncertain or indirect in 1985, and the abundant black abalone VanBlaricom et al. (2007) calculated effects on black abalone. Some populations at San Nicolas Island the probability of extinction with time exceptions may exist in the cases of showed no response in density to the using a simple formula that accounts for sedimentation and sea level rise in that 1982–1984 El Nino disturbances, the main threat that black abalone faces, these threats have the potential to despite dramatic reductions in kelp withering syndrome. The probability of produce more widespread impacts, but abundance near the Island extinction is considered as a function of the certainty that these factors will (VanBlaricom, 1993). Thus, this factor two parameters (R=the probability that affect black abalone is low. For example, has likely not played an important role the northward spread of withering sea level rise may result in loss of in the overall decline of the species, syndrome will cease very soon and suitable habitat in a preferred depth and, unless new information surfaces, S=the probability that resistance will range because of increased erosion, this factor is not believed to pose a emerge very soon on a large spatial scale turbidity, and siltation, but we currently significant threat in the future. in the host), using the logic that if lack information to determine whether withering syndrome alone results in a these habitat changes will be important Overutilization for Commercial, high enough risk of extinction in a short factors for further decline. Recreational, Scientific or Educational time (i.e., 30 years-the expected life Suboptimal water temperatures are Purposes span of black abalone), then that may likely to have contributed to the decline Throughout most of the species’ suffice to evaluate whether the species of black abalone and pose a serious range, local densities are below the is in danger of extinction currently or in threat to the ability of the species to critical threshold density required for the foreseeable future. persist because elevated water successful spawning and recruitment. Assuming R and S are independent, temperatures are correlated with This predicament has occurred because the overall probability of functional accelerated rates of withering syndrome of mass mortalities due to withering extinction (i.e., the reproductive transmission and disease-induced syndrome (see Disease or Predation potential of isolated survivors is zero mortality. Water temperatures can below) and overutilization for

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commercial and recreational purposes individual to lose the typically secure (VanBlaricom et al., 1993) and was (i.e., prior to the fishery closure in grip on the rocky substratum in followed by widespread mass 1993). Data from abalone fisheries in response to wave impacts, allowing mortalities at the Island in the middle California and Baja California, Mexico, attack by predators or scavengers before 1990s (Tissot, 2007). The delayed indicate a decline in landings of at least the individual succumbs to the disease appearance of withering syndrome at 93 percent during the 1990s. These itself. Transfer of pathogens from animal San Nicolas Island, as compared to the reductions, however, may not be to animal is fecal to oral on a local scale, other southern California Islands, indicative of declines due only to and is therefore likely facilitated by remains unexplained but may have fishing activities because mass aggregation of abalone in natural reflected patterns of dispersal by disease mortalities caused by withering habitats. Transmission pathways on propagules. To our knowledge, no effort syndrome had begun in many locations large spatial scales are entirely has been made to assess effects of at approximately the same time. Rogers- unknown at present. The pathogen for withering syndrome at Santa Catalina Bennett et al. (2002) estimate that the withering syndrome is now reported to Island, though the Island historically California abalone fisheries may have be endemic to all the coastal marine supported black abalone populations. contributed up to 99 percent of the waters of central (Friedman and Finley, The first reported occurrence of reduction in black abalone abundance 2003) and southern California (Moore et significant numbers of black abalone in the United States (see Abundance al., 2002) south of San Francisco. with symptoms of withering syndrome section above). Thus, the estimated take Information from Isla de Cedros and on the California mainland was in San of 3.5 million black abalone during Islas San Benito, Baja California, Luis Obispo County in 1988 (Steinbeck commercial and recreational abalone Mexico, on pink (Haliotis corrugata et al., 1992). Afflicted animals were fishing likely contributed to the decline Wood, 1828; termed ‘‘yellow’’ in found primarily within Diablo Cove, of local densities. This threat no longer Mexico) and green (termed ‘‘blue’’ in which receives warmed effluent exists in California because the black Mexico) abalone indicated the presence seawater from the cooling system of a abalone fisheries were closed in 1993. of abalone symptomatic for withering nearby nuclear power plant. A mass The limited information we have from syndrome, and the presence of abalone mortality of black abalone occurred at Mexico makes it difficult to ascertain rickettsia in tissue samples, for both the site between 1988 and 1989, with the relative importance of fishing to species (Tinajero et al., 2002). Recent mortality rates correlating well to local overall species decline. data indicate the presence of abalone patterns of sea temperature elevation associated with power plant effluent. Disease or Predation rickettsia in farmed and wild green ormer (Haliotis tuberculata) Since the mid–1990s withering Withering syndrome in black abalone symptomatic for withering syndrome at syndrome has appeared sequentially in is caused by a Rickettsia-like progressively more northward a number of locations in the coastal prokaryotic organism, Candidatus populations of black abalone on the marine waters of western Europe Xenohaliotis californiensis’ (Gardner et mainland California coast (Altstatt et al., (Balseiro et al., 2006). al., 1995; Friedman et al., 1997; 1996; Raimondi et al., 2002; Miner et Friedman et al., 2000; Friedman et al., Evidence of effects of withering al., 2006). The most recent observations 2002). Candidatus Xenohaliotis syndrome on black abalone was first available suggest that significant californiensis (hereafter ‘‘abalone noticed along the south shore of Santa mortalities of black abalone associated rickettsia’’) occurs in epithelial cells of Cruz Island in 1985, when a fisherman with withering syndrome have occurred the gastrointestinal tract. Infected noticed a large number of dying black at least as far north as Pt. Piedras symptomatic animals are unable to abalone and empty shells (Lafferty and Blancas in northern San Luis Obispo transfer digested food materials from the Kuris, 1993). The primary symptoms of County near San Simeon. Surveys for gut lumen into the epithelial cells and disease noted at the time included pedal the microorganism responsible for beyond, resulting in malnutrition, atrophy and a diminished ability to withering syndrome have found positive dramatic loss of tissue mass, and maintain a grip on rocky substrata. results as far north as San Francisco eventual death. Physiological Haaker et al. (1992) and Richards and (Finley and Friedman, 2000; Friedman manifestations of withering syndrome Davis (1993) described the first and Finley, 2003). include reduced food intake and oxygen observations of mass mortalities of black In the vast majority of cases where consumption, and increased ammonia abalone in previously monitored long-term monitoring data are available, excretion (Kismohandaka et al., 1993). populations on the island shores of the appearance of animals symptomatic The same pathogen is known to cause Channel Islands National Park in 1986, for withering syndrome in a population symptoms of withering syndrome in red and broadened the list of recognized lead inevitably to rapid and dramatic abalone, and mortality rate is positively symptoms to include epipodial and declines in population size, most often associated with water temperature in mantle discoloration, and lack of in excess of 90 percent (Tissot, 2007). both red and black abalone (Moore et response to tactile stimulation. Haaker The pattern has been documented for al., 2000a, b; Vilchis et al., 2005). et al. (1992) were the first authors to black abalone populations throughout Andree et al. (2000) have developed a apply the term ‘‘withering syndrome’’ to the range in California. Reports indicate rapid DNA-based test for the pathogen the suite of symptoms and consequent similar trends for black abalone that causes withering syndrome, mass mortalities observed in the field. populations in Mexico. As noted earlier, allowing detection of infections prior to Between 1985 and 1992, mass the exceptions are at San Miguel Island, onset of clinical symptoms in both black mortalities occurred at San Miguel, where rates of decline at some long-term and red abalone. Moore et al. (2001) Santa Rosa, Anacapa, Santa Barbara, study sites have been atypically slow, have developed a histological method and San Clemente Islands, in all cases and at one location each on Santa Cruz for rapid quantification of the intensity with symptoms indicating withering and San Nicolas islands. At Santa Cruz of infections by the pathogen that causes syndrome (Davis et al., 1992; Haaker et Island, a recruitment event in 2004 at withering syndrome. al., 1992; Lafferty and Kuris, 1993; Willows Anchorage produced an In wild animals symptomatic for Richards and Davis, 1993). Evidence of increase in local densities that persisted withering syndrome, weakness resulting withering syndrome was first seen at at least until this writing. At San from the disease may cause the San Nicolas Island in spring 1992 Nicolas Island, black abalone numbers

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at study site 8 (as described by sea otters (Ault, 1985; Estes and and outside the United States through VanBlaricom, 1993) have increased and VanBlaricom, 1985; Shepherd and importation of infected animals from experienced recruitment each year since Breen, 1992). At San Nicolas Island, one aquaculture facility to another and reaching a low point in 2001 due to VanBlaricom (unpublished outplanting of infected animals from withering syndrome, except for a small observations) has observed directed aquaculture facilities to the wild. It is decline between surveys in 2006 and predation on black abalone in rocky through the latter pathway that abalone 2007. The pattern at this site can be intertidal habitats by the ochre star rickettsia may have been introduced to plausibly interpreted as a possible result Pisaster ochraceus [Brandt, 1835]), the two healthy populations of black of genetically-based disease resistance octopus Octopus bimaculatus (Verrill, abalone north of San Francisco on a local scale. These observations are 1883), a large cottid fish, the cabezon (Friedman and Finley, 2003), placing exceptions that suggest the potential for (Scorpaenichthys marmoratus Girard, those populations at higher risk of resilience and recovery in populations 1854), and a shorebird, the black extinction. reduced dramatically by withering oystercatcher Haematopus bachmani Recent state regulations to carefully syndrome. However, Tissot’s (2007) Audubon, 1838. In addition, monitor the health of abalone at litany of negative impacts of withering VanBlaricom (unpublished aquaculture facilities and control the syndrome in multiple locations across observations) has observed ingestion of importation/exportation of abalone the entire range of the species, coupled small black abalone by three taxa between facilities will likely reduce the with evidence of increasing geographic normally viewed as herbivores: the threat that the aquaculture industry scope of impact, argues to the contrary. lined shore crab Pachygrapsus crassipes poses in the future. Currently, the state The preponderance of evidence (Randall, 1839); the purple sea urchin monitors aquaculture facilities for indicates that withering syndrome Strongylocentrotus purpuratus introduced organisms and disease on a continues to damage the size and (Stimpson, 1857); and the turban snails regular basis. There is also a restriction sustainability of black abalone Tegula spp. on out-planting of abalone from populations on a large scale, with little Despite the large number of identified facilities which have not met plausible basis for any predictions of predators on abalone, we are aware of certification standards. If new state reversal. no studies that estimate mortality rates regulations to carefully monitor Prior to the appearance of withering of black abalone in association with the aquaculture facilities are effective, the syndrome there was little evidence of predator species that have been future threat that they pose to black significant diseases in black abalone identified. While the effects of sea otter abalone will be limited. In fact, (Haaker et al., 1992). There is now predation on red abalone are well aquaculture may emerge as being an substantial concern among scientists documented, there are few data important, and possibly the only and marine resource managers about the available to evaluate relationships of sea effective recovery tool, for restoring emergence of virulent diseases in otters with other species of abalone in black abalone populations through marine organisms on a global scale, in California. Given that black abalone captive propagation and enhancement association with ocean warming in overlap in habitat use, size efforts. recent decades (e.g., Harvell et al., 1999; distributions, and ecological attributes Purposeful illegal harvest, typically Harvell et al., 2002). Recent surveys of with red abalone is limited, the termed poaching, has been a source of the literature suggest that the frequency relationship between sea otters and mortality for black abalone throughout of reporting of new diseases has black abalone is uncertain. Sea otters are their range since the establishment of increased for several major marine taxa, known to feed on black abalone, but the harvesting regulations by the State of including mollusks (e.g., Ward and quantitative ecological strength of the California. The chronic virtual absence Lafferty, 2004). The appearance of interaction has not been directly of black abalone populations from withering syndrome is consistent with investigated and remains poorly known. highly accessible intertidal habitats near the reported pattern. As described Black abalone have been exposed to human population centers in California above, mortality rates associated with varying predation pressure through during the twentieth century can withering syndrome often correlate to time, and this pressure is likely to plausibly be viewed as evidence for the positive anomalies in sea surface continue. However, in the past, black importance of poaching as a source of temperature. Nevertheless, there is no abalone populations were much more abalone mortality. explicitly documented causal link robust and able to absorb losses due to Since the closure of the California between the existence of withering predation without compromising black abalone fishery in 1993, a number syndrome and global climate change. viability. Now that the few remaining of black abalone poaching cases along We conclude that withering syndrome populations are smaller, more isolated, the California mainland coast, has been and continues to be the and still declining throughout the range, particularly in the northern portion of primary threat contributing to the predation may pose risk to the future the black abalone’s geographic range, decline of black abalone. The disease survival of the species. In addition, non- have been documented by the California has caused mass mortality and near anthropogenic predation could limit the Department of Fish and Game (CDFG) extirpation of populations throughout effectiveness of future recovery efforts from 1993–2003 (Taniguchi, most of the species’ range, and the by interacting with other limiting unpublished data). Some of these cases disease continues to spread to factors. resulted in well-publicized arrests and populations in Monterey County and to trials of black abalone poachers. These the north. The rate at which the disease Inadequate Regulatory Mechanisms events often involved removals of tens is spreading northward will likely be There is evidence suggesting that to hundreds of abalone, across all size exacerbated by suboptimal (i.e., warmer) aquaculture operations have provided a categories present in the exploited water temperatures that may result due pathway for the spread of withering populations, and without regard to to a variety of factors. syndrome, and, unless the industry is harvest size limits in effect prior to Abalone face non-anthropogenic carefully regulated in the future, may commercial and recreational fishery predatory pressure from a number of continue to do so. Past State and Federal closures. Enforcement effort has varied consumer species such as gastropods, regulations were not adequate to over the 10–year time period (1993– octopuses, lobsters, sea stars, fishes and prevent the spread of the disease within 2003), increasing in 2000 because of

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coordinated efforts between CDFG where it occurs, could irreparably In judging the efficacy of existing marine and coastal regions and planned damage the few remaining viable protective efforts, we rely on the joint overflights along the Central California populations of black abalone. NMFS-U.S. Fish and Wildlife Service coast during low tides. CDFG wardens (FWS) ‘‘Policy for Evaluation of SRT Assessment of Overall Extinction approximate that 80 percent of seized Conservation Efforts When Making Risk abalone were returned alive to the wild, Listing Decisions’’ (‘‘PECE;’’ 68 FR but these animals were not monitored The SRT’s analysis of overall risk to 15100; March 28, 2003). PECE provides for long-term survival, and thus, these black abalone used categories that direction for the consideration of data are of limited use for calculating correspond to definitions in the ESA: in protective efforts identified in poaching-induced mortality estimates. danger of extinction; likely to become conservation agreements, conservation The problem of poaching persists, and endangered in the foreseeable future; or plans, management plans, or similar there is no evidence that existing neither. The overall extinction risk documents (developed by Federal regulatory mechanisms have effectively assessment reflected informed agencies, state and local governments, reduced the risks posed by illegal take. professional judgment by each SRT Tribal governments, businesses, Inadequate regulatory mechanisms are member. This assessment was guided by organizations, and individuals) that likely to have contributed to the decline integrating information about have not yet been implemented, or have of black abalone and pose a serious demographic risks, a consideration of been implemented but have not yet threat to the ability of the species to the interactions among these risks, demonstrated effectiveness. The policy recover. population projections over the next 30 articulates several criteria for evaluating Other Natural or Man-made Factors years (i.e., time span approximating the the certainty of implementation and average black abalone life span and a effectiveness of protective efforts to aid Environmental pollutants and toxins reasonable horizon for projecting in determining whether a species are likely present in areas where black current conditions into the future), as should be listed as threatened or abalone have occurred and still do well as threats and other factors endangered. Evaluations of the certainty occur, but evidence suggesting causal affecting black abalone. an effort will be implemented include and/or indirect negative effects on black The SRT concluded unanimously that whether: the necessary resources (e.g., abalone due to exposure to pollutants or funding and staffing) are available; the toxins is lacking. Before a causal link black abalone is in danger of extinction throughout all of its range. The spread requisite agreements have been between the bacteria that causes formalized such that the necessary withering syndrome and mass of withering syndrome poses imminent authority and regulatory mechanisms mortalities of black abalone was and significant risk to the species and are in place; there is a schedule for established, efforts were made to link exacerbates the high levels of completion and evaluation of the stated mass mortalities to pollutant demographic risk to which black objectives; and (for voluntary efforts) the concentrations (Gardner et al., 1995); abalone are subject, including extremely necessary incentives are in place to however, no link could be identified. low local densities, low levels of growth ensure adequate participation. The There is one instance of abalone and productivity, limited spatial evaluation of the certainty of an effort’s mortality associated with a pollution structure and connectivity, and loss of effectiveness is made on the basis of event, described by Martin et al. (1977). genetic diversity. In addition, the SRT whether the effort or plan: establishes Toxic levels of copper in the cooling estimated that there is approximately a water effluent of the Diablo Canyon 96–percent probability that black specific conservation objectives; nuclear power plant were associated abalone will suffer functional extinction identifies the necessary steps to reduce with abalone mortalities in a nearshore within the next 30 years. threats or factors for decline; includes cove that received significant effluent quantifiable performance measures for Consideration of ‘‘Significant Portion of the monitoring of compliance and flows. Growth and reproduction of black Its Range’’ abalone were reported to have been effectiveness; incorporates the impaired on the Palos Verdes Peninsula Because we conclude that black principles of adaptive management; and (Los Angeles County, California) in the abalone is in danger of extinction is likely to improve the species’ viability late 1950s and early 1960s, in throughout all of its range, it is not at the time of the listing determination. association with apparent combined necessary for us to consider the question PECE also notes several important effects of a significant El Nino event and of whether black abalone is at risk caveats. Satisfaction of the above poor water quality resulting from large- throughout a significant portion of its mentioned criteria for implementation volume domestic sewage discharge by range. and effectiveness establishes a given protective effort as a candidate for Los Angeles County (Leighton, 1959; Efforts Being Made to Protect the consideration, but does not mean that Cox, 1962; Young, 1964; Miller and Species Lawrenz-Miller, 1993). There is ongoing an effort will ultimately change the risk concern that accidentally spilled oil Section 4(b)(1)(A) of the ESA requires assessment. The policy stresses that just from offshore drilling platforms or the Secretary of Commerce to make as listing determinations must be based various types of commercial vessels listing determinations solely on the on the viability of the species at the time could occur near shore in California and basis of the best scientific and of review, so they must be based on the could affect a significant proportion of commercial data available after taking state of protective efforts at the time of black abalone habitat; however, at this into account efforts being made to the listing determination. PECE does not time we are uncertain how such an protect a species. Therefore, in making provide explicit guidance on how event would impact the species’ overall a listing determination, we first assess a protective efforts affecting only a status. The overall risk that species’ level of extinction risk and portion of a species’ range may affect a environmental pollutants and toxins identify factors that have led to its listing determination, other than to say have posed is probably low, given their decline. We then assess existing efforts that such efforts will be evaluated in the limited geographic scope and uncertain being made to protect the species to context of other efforts being made and effects on black abalone; however, a determine if those measures ameliorate the species’ overall viability. There are single event in the future, depending on the risks. circumstances where threats are so

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imminent, widespread, and/or complex Bay National Marine Sanctuary be adopted for the release of introduced that it may be impossible for any (MBNMS), and Gulf of the Farallones species, and should stricter regulations agreement or plan to include sufficient National Marine Sanctuary (GFNMS). be adopted regarding large vessel efforts to result in a determination that These sanctuary sites, administered by discharges. listing is not warranted. the National Oceanic and Atmospheric In summary, while the Sanctuary Conservation measures that may Administration, are protected by federal regulations provide protection against apply to listed species include regulations pursuant to the National some of the threats to black abalone and conservation measures implemented by Marine Sanctuaries Act of 1972 as this level of protection may increase if tribes, states, foreign nations, local amended (16 U.S.C. 1431 et seq.). The new management plans are adopted, governments, and private organizations. regulations, which are similar at all these regulations are unlikely to stop the Also, Federal, tribal, state, and foreign three sites, provide protection against progression of withering syndrome in nations’ recovery actions (16 U.S.C. some of the threats to black abalone. At the near future. At best, they may help 1533(f)), Federal consultation all three sanctuaries, the inshore slow down the rate at which the disease requirements (16 U.S.C. 1536), and boundary extends to the mean high is progressing. prohibitions on taking (16 U.S.C. 1538) water line, thus encompassing intertidal State/Local Programs constitute conservation measures. In habitat. addition, recognition through Federal or Direct disturbance to or development The depleted condition of abalone state listing promotes public awareness of black abalone intertidal habitat is resources prompted the California Fish and conservation actions by Federal, regulated at all three national marine and Game Commission to eventually state, tribal governments, foreign sanctuaries by way of a prohibition on close all abalone fisheries south of San nations, private organizations, and the alteration of, construction upon, Francisco by 1997, beginning with the individuals. drilling into, or dredging of the seabed black abalone fishery in 1993. The As evaluated pursuant to PECE, the (including the intertidal zone), with southern abalone fishery was closed protective efforts described below do exceptions for anchoring, installing indefinitely with the passage of the not as yet, individually or collectively, navigation aids, special dredge disposal Thompson bill (AB 663) in 1997. This provide sufficient certainty of sites (MBNMS only), harbor-related bill created a moratorium on taking, implementation and effectiveness to maintenance, and bottom tending possessing, or landing abalone for counter the extinction risk assessment fishing gear in areas not otherwise commercial or recreational purposes in conclusion that the species is in danger restricted. ocean waters south of San Francisco, of extinction throughout its range. Water quality impacts to black including all offshore islands. The abalone habitat are regulated by strict Thompson bill also mandated the National Marine Fisheries Service- discharge regulations at all three creation of an Abalone Recovery and Species of Concern Program national marine sanctuaries. Essentially, Management Plan (ARMP) which was Black abalone was added to NMFS’ regulations provide that no discharge or finalized in December 2005. The bill Candidate Species list on June 23, 1999 deposit of pollutants is allowed within further required the Fish and Game (64 FR 33466). The NMFS’ Candidate these sanctuaries, except for effluents Commission to undertake abalone Species List was revised and redefined required for normal boating operations management in a manner consistent and the NMFS’ Species of Concern List (e.g., vessel cooling waters, effluents with the ARMP. was created on April 15, 2004 (69 FR from marine sanitation devices, fish The CDFG’s ARMP provides a 19975). Species of Concern are those wastes and bait). cohesive framework for the recovery of species about which we have some Although these national marine depleted abalone populations in concerns regarding status and threats, sanctuaries do not regulate the take of southern California, and for the but for which insufficient information is black abalone, networks of marine management of the northern California available to indicate a need to list the reserves and marine conservation areas fishery and future fisheries. All of species under the ESA. On October 17, have been established by the CDFG California’s abalone species are 2006 (71 FR 61021), we formally within the CINMS and along portions of included in this plan: red, green, pink, announced initiation of a black abalone the MBNMS. Within these areas, white (Haliotis sorenseni Bartsch, 1940), status review and at that time the especially within CINMS where the pinto (H. kamtschatkana Jonas, 1845, species became a Candidate Species. protected areas have been in place since including H.k. assimilis), black, and flat Candidate Species are those petitioned 2003 and are within the Channel Islands abalone (H. walallensis Stearns, 1899). species that are actively being National Park, multi-agency patrols The plan also refers to a state considered for listing as endangered or provide elevated levels of enforcement aquaculture facility monitoring program threatened under the ESA, as well as presence and increase protection against that aims to ensure that aquaculture those species for which we have poaching of black abalone. facilities in California will not facilitate initiated an ESA status review that has Full texts of the current CINMS, transmission of disease and/or invasive/ been announced in the Federal Register. MBNMS and GFNMS regulations exotic species within or outside the Neither ‘‘Candidate Species’’ nor discussed above can be found at 15 State. ‘‘Species of Concern’’ designations carry Code of Federal Regulations (CFR), parts Abalone in California vary in status any procedural or substantive 922.71, 922.132, and 922.91, from populations bordering on protections under the ESA, and thus, no respectively. However, all of these extinction (white abalone) to a federal measures that provide protection sanctuary sites are currently undergoing sustainable population with a margin of for black abalone are currently in place. management plan review processes, harvestable animals that is still being which include reviews of and updates fished (northern California red abalone). National Marine Sanctuaries Program to the regulations. Although the Recovery of at-risk abalone species and Three coastal national marine regulations may be modified, the level management of abalone fisheries are sanctuaries in California contain of protection provided to black abalone separate but continuous and intertidal habitat suitable for black is not expected to decrease from that complementary processes in the ARMP. abalone: Channel Islands National described above, and possibly may The recovery portion of the plan Marine Sanctuary (CINMS), Monterey increase should proposed prohibitions addresses all abalone species that are

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subject to the fishing moratorium. The pathogens, pollutants, competitors or data available. Prior to a final listing, we management portion of the plan applies parasites’’ (IUCN, 2006, p. 10). Inclusion will solicit the expert opinions of at to populations considered sustainable on the IUCN Red List does not least three qualified specialists, and fishable, such as the current necessarily convey any regulatory concurrent with the public comment northern California red abalone fishery. protection for black abalone. period. Independent specialists will be The ultimate goal of recovery is to move selected from the academic and Proposed Determinations species from a perilous condition to a scientific community, Federal and state sustainable one with a margin of Section 4(b)(1) of the ESA requires agencies, and the private sector. abalone available for fishing. The that the listing determination be based In December 2004, the Office of ultimate goal of management is to solely on the best scientific and Management and Budget (OMB) issued maintain sustainable fisheries under a commercial data available, after a Final Information Quality Bulletin for long-term management plan that can be conducting a review of the status of the Peer Review establishing minimum peer adapted quickly to respond to species and after taking into account review standards, a transparent process environmental or population changes. those efforts, if any, being made by any for public disclosure of peer review The ARMP provides a mechanism for state or foreign nation to protect and planning, and opportunities for public helping to slow the progression of conserve the species. We have reviewed participation. The OMB Bulletin, disease and invasive/exotic species the petition, the draft status report, and implemented under the Information through better monitoring of other available published and Quality Act (Public Law 106–554), is aquaculture facilities, however, this unpublished information, and have intended to enhance the quality and effort may only make a relatively small consulted with species experts and credibility of the Federal Government’s difference to the threat that disease other individuals familiar with black scientific information, and applies to poses given that spread of withering abalone. On the basis of the best influential or highly influential syndrome is due largely to factors other available scientific and commercial scientific information disseminated on than aquaculture operations. The ARMP information, we conclude that black or after June 16, 2005. To satisfy our also provides a framework for restoring abalone is presently in danger of requirements under the OMB Bulletin, black abalone populations through extinction throughout all of its range we are obtaining independent peer translocation and captive propagation and should be added to the list of review of the draft status review report, and enhancement programs; however, federally endangered species. The major which supports this proposal to list detailed plans and methodologies have risks that black abalone face include: (1) black abalone as endangered; all peer neither been drafted nor tested and the spread of a disease called withering reviewer comments will be addressed therefore their effectiveness for syndrome; (2) low adult densities below prior to dissemination of the final report conserving black abalone remains the critical threshold density required and publication of the final rule. uncertain. for successful spawning and Identification of Activities That Would recruitment; (3) suboptimal water International Programs Constitute a Violation of Section 9 of the temperatures that have accelerated the ESA The World Conservation Union spread of withering syndrome; (4) (IUCN) publishes a Red List of species reduced genetic diversity that will The intent of the policy requiring us that are at high risk of extinction and, render extant populations less capable to identify, to the maximum extent when data are sufficient, categorizes of dealing with both long- and short- practicable at the time a species is species as either Extinct (EX), Extinct in term environmental or anthropogenic listed, those activities that would or the Wild (EW), Critically Endangered challenges; and (5) illegal harvest of would not constitute a violation of (CR), Endangered (EN), Vulnerable (VU), black abalone. The principal threat to section 9 of the ESA, is to increase Near Threatened (NT), or of Least black abalone is withering syndrome, public awareness of the effect of listings Concern (LC) (IUCN, 2001). In 2003 the which has caused mass mortality and on proposed and ongoing activities IUCN, based on an assessment by Smith near extirpation of populations in the within the species’ range. et al. (2003), placed black abalone on recent past and threatens extant Section 9 of the ESA prohibits certain the Red List as Critically Endangered populations. The spread of withering activities (e.g., importation, exportation, under criterion A4e. Under criterion A4, syndrome threatens the species with a take, sale, and delivery) that directly or a species may be classified as Critically very high probability (96 percent) of indirectly affect endangered species. Endangered, Endangered, or Vulnerable extinction within the next 30 years. This These prohibitions apply to all when its population size, measured over threat is unlikely to be ameliorated by individuals, organizations, and agencies the longer of 10 years or three current conservation efforts. subject to U.S. jurisdiction. Section generations, has declined greater than or 7(a)(2) of the ESA requires Federal equal to 80, 50, or 30 percent Service Policies on Endangered and agencies to consult with NMFS to respectively, due to an ‘‘observed, Threatened Fish and Wildlife ensure that activities they authorize, estimated, inferred, projected or On July 1, 1994, NMFS and FWS fund, or carry out are not likely to suspected population reduction (up to a published a series of policies regarding jeopardize the continued existence of a maximum of 100 years) where the time listings under the ESA, including a listed species or to destroy or adversely period must include both the past and policy for peer review of scientific data modify critical habitat. Under Section the future, and where the causes of (59 FR 34270) and a policy to identify, 7(a)(4), Federal agencies must confer reduction may not have ceased or may to the maximum extent possible, those with us on any of these activities to not be understood or may not be activities that would or would not ensure that any such activity is not reversible, based on direct observation, constitute a violation of section 9 of the likely to jeopardize the continued an index of abundance appropriate to ESA (59 FR 34272). existence of a species proposed for the taxon, a decline in area of listing or destroy or adversely modify occupancy, extent of occurrence and/or Role of Peer Review proposed critical habitat. Examples of quality of habitat, actual or potential The intent of the 1994 peer review Federal actions that may affect black levels of exploitation, or the effects of policy is to ensure that listings are based abalone include permits and introduced taxa, hybridization, on the best scientific and commercial authorizations relating to coastal

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development and habitat alteration, oil listed species. We are currently Specifically, we are interested in and gas development, military considering a proposal to designate information regarding: (1) status of black operations, coastal power plant critical habitat for black abalone, but at abalone populations in the northern part operations, toxic waste and other this time a designation is not of the range (north of Monterey County) pollutant discharges, and aquaculture determinable because: (1) we currently and in Baja California, Mexico; (2) operations. Sections 10(a)(1)(A) and (B) lack information sufficient to perform current or planned activities within the of the ESA authorize NMFS to grant required analyses of the impacts of the range of black abalone and their exceptions to the ESA’s Section 9 take designation; and (2) the biological needs possible impact on the species; and (3) prohibitions. Section 10(a)(1)(A) of the species are not sufficiently well efforts being made to protect black scientific research and enhancement known to permit identification of an abalone. permits may be issued to entities area as critical habitat. Thus, we are We are also requesting quantitative (Federal and non-federal) for scientific seeking public input to assist in evaluations describing the quality and purposes or to enhance the propagation gathering and analyzing the best extent of marine habitats for juvenile or survival of a listed species. Activities available scientific data and other and adult black abalone as well as potentially requiring a section information to support a critical habitat information on areas that may qualify as 10(a)(1)(A) research/enhancement designation, which will be proposed in critical habitat for black abalone in permit if black abalone are listed a subsequent Federal Register notice. California. Areas that include the include scientific research that targets We will continue to meet with co- physical and biological features black abalone. Under section 10(a)(1)(B), managers and other stakeholders to essential to the recovery of the species the Secretary may permit takings review this information and the overall should be identified. We recognize that otherwise prohibited by section designation process. there are areas within the proposed 9(a)(1)(B) if such taking is incidental to, Joint NMFS/FWS regulations for boundaries of black abalone that and not the purpose of, the carrying out listing endangered and threatened historically contained black abalone of an otherwise lawful activity, species and designating critical habitat habitat, but may not be currently provided that the requirements of at section 50 CFR 424.12(b) state that occupied by black abalone. For areas section 10(a)(2) are met. the agency ‘‘shall consider those potentially qualifying as critical habitat, physical and biological features that are we are requesting information Critical Habitat essential to the conservation of a given describing: (1) the activities that affect Critical habitat is defined in section 3 species and that may require special the area or could be affected by the of the ESA as: (i) the specific areas management considerations or designation; and (2) the economic costs within the geographical area occupied protection’’ (hereafter also referred to as and benefits of additional requirements by the species, at the time it is listed in ‘‘essential features’’). Pursuant to the or management measures likely to result accordance with the ESA, on which are regulations, such requirements include, from the designation. The economic cost found those physical or biological but are not limited to the following: (1) to be considered in the critical habitat features (I) essential to the conservation space for individual and population designation under the ESA is the of the species and (II) which may growth, and for normal behavior; (2) probable economic impact ‘‘of the require special management food, water, air, light, minerals, or other [critical habitat] designation upon considerations or protection; and (ii) nutritional or physiological proposed or ongoing activities’’ (50 CFR specific areas outside the geographical requirements; (3) cover or shelter; (4) 424.19). Economic effects attributable to area occupied by the species at the time sites for breeding, reproduction, rearing listing include actions resulting from it is listed upon a determination that of offspring, germination, or seed section 7 consultations under the ESA such areas are essential for the dispersal; and generally; (5) habitats that to avoid jeopardy to the species and conservation of the species (16 U.S.C. are protected from disturbance or are from the take prohibitions under section 1532(5)(A)). ‘‘Conservation’’ means the representative of the historic 9 of the ESA. Where possible, comments use of all methods and procedures geographical and ecological concerning economic impacts should needed to bring the species to the point distributions of a species. These distinguish the costs of listing from the at which listing under the ESA is no regulations emphasize that the agency incremental costs that can be directly longer necessary (16 U.S.C. 1532(3)). shall focus on essential features within attributed to the designation of specific Section 4(a)(3)(A) of the ESA requires the specific areas considered for areas as critical habitat. that, to the maximum extent prudent designation. These features ‘‘may We will review all public comments and determinable, critical habitat be include, but are not limited to, the and any additional information designated concurrently with the listing following: spawning sites, feeding sites, regarding the status of, and critical of a species (16 U.S.C. 1533(a)(3)(A)(i)). seasonal wetland or dryland, water habitat for, black abalone in developing Designations of critical habitat must be quality or quantity, geological a final listing determination and a based on the best scientific data formation, vegetation type, tide, and proposed critical habitat designation. available and must take into specific soil types.’’ consideration the economic, national Public Hearings Public Comments Solicited security, and other relevant impacts of If requested by the public by February specifying any particular area as critical We have exercised our best 25, 2008, hearings will be held in habitat. Once critical habitat is professional judgment in developing several locations within the range of designated, section 7 of the ESA this proposal to list black abalone. To black abalone. If hearings are requested, requires Federal agencies to ensure that ensure that the final action resulting details regarding locations, dates, and they do not fund, authorize or carry out from this proposal will be as accurate times will be published in a any actions that are likely to destroy or and effective as possible, we are forthcoming Federal Register notice. adversely modify that habitat. This soliciting comments and suggestions requirement is in addition to the section from the public, other governmental References 7 requirement that Federal agencies agencies, the scientific community, A complete list of all references cited ensure that their actions do not industry, and any other interested herein is available upon request (see jeopardize the continued existence of parties (See DATES and ADDRESSES). ADDRESSES section).

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Classification proposed rule does not contain a Dated: January 4, 2008. collection-of-information requirement National Environmental Policy Act Samuel D. Rauch III, for the purposes of the Paperwork Deputy Assistant Administrator for The 1982 amendments to the ESA, in Reduction Act. Regulatory Programs, National Marine section 4(b)(1)(A), restrict the Fisheries Service. information that may be considered Federalism when assessing species for listing. Based For the reasons set out in the In keeping with the intent of the on this limitation of criteria for a listing preamble, 50 CFR part 224 is proposed Administration and Congress to provide decision and the opinion in Pacific to be amended as follows: continuing and meaningful dialogue on Legal Foundation v. Andrus, 675 F. 2d issues of mutual state and Federal 825 (6th Cir. 1981), NMFS has PART 224—ENDANGERED MARINE interest, this proposed rule will be given concluded that ESA listing actions are AND ANADROMOUS SPECIES to the relevant state agencies in each not subject to the environmental state in which the species is believed to assessment requirements of the National 1. The authority citation of part 224 occur, who will be invited to comment. Environmental Policy Act (NEPA). (See continues to read as follows: NMFS has conferred with the State of NOAA Administrative Order 216-6.) California in the course of assessing the Authority: 16 U.S.C. 1531–1543 and 16 Executive Order 12866, Regulatory status of black abalone and considered, U.S.C. 1361 et seq. Flexibility Act and Paperwork among other things, Federal, state and 2. In § 224.101, paragraph (d) is Reduction Act local conservation measures. As the revised to read as follows: As noted in the Conference Report on process continues, we intend to continue engaging in informal and § 224.101 Enumeration of endangered the 1982 amendments to the ESA, marine and anadromous species. economic impacts cannot be considered formal contacts with the States, and when assessing the status of a species. other affected local or regional entities, * * * * * Therefore, the economic analysis giving careful consideration to all (d) Marine invertebrates. The requirements of the Regulatory written and oral comments received. following table lists the common and Flexibility Act are not applicable to the List of Subjects in 50 CFR Part 224 scientific names of endangered species, listing process. In addition, this the locations where they are listed, and proposed rule is exempt from review Endangered and threatened species, the citations for the listings and critical under Executive Order 12866. This Exports, Imports, Transportation. habitat designations.

Species1 Citations (s) for Where Listed Citation (s) for Listing Deter- Critical Habitat Common name Scientific name minations Designations

Black abalone Haliotis USA, CA. From Crescent City, [FR CITATION WHEN N/A. cracherodii. California, USA to Cape San PUBLISHED AS A FINAL Lucas, Baja California, Mexico, RULE]. including all offshore islands.. White abalone Haliotis USA, CA. From Point NOAA 2001; 66 FR 29054, Deemed not sorenseni. Conception, California to Punta May, 29, 2001.. prudent NOAA Abreojos, Baja California, 2001; 66 FR Mexico including all offshore 29054, May, 29, islands and banks.. 2001..

[FR Doc. E8–335 Filed 1–10–08; 8:45 am] BILLING CODE 3510–22–S

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