Federal Register / Vol. 73, No. 209 / Tuesday, October 28, 2008 / Rules and Regulations 63901

Publication Federal requirement Federal Register reference date

Mineral Processing Secondary Materials 63 FR 28556; Amendments to 40 CFR Part 261 ...... 05/26/98

(5) Memorandum of Agreement. The 20.4.1.400, 20.4.1.401, 20.4.1.500, 20.4.1.501, of this Commission decision is available Memorandum of Agreement between 20.4.1.600, 20.4.1.601, 20.4.1.700, 20.4.1.800, for inspection and copying during EPA Region 6 and the State of New 20.4.801, 20.4.1.900, 20.4.1.901.B.1 through normal business hours in the FCC Mexico, signed by the EPA Regional 20.4.1.901.B.6, 20.4.1.901.E, 20.4.1.1000, Reference Information Center, Portals II, 20.4.1.1001 (June 14, 2000), 20.4.1.1102 (June Administrator on July 25, 2007, is 14, 2000), and 20.4.1103. Copies of the New 445 12th Street, SW., Room CY–A257, referenced as part of the authorized Mexico regulations can be obtained from the Washington, DC 20554. The complete hazardous waste management program New Mexico Commission of Public Records, text of this decision also may be under subtitle C of RCRA, 42 U.S.C. State Records Center and Archives, purchased from the Commission’s 6921 et seq. Administrative Law Division, 1205 Camino duplicating contractor, Best Copy and (6) Statement of Legal Authority. Carlos Rey, Santa Fe, NM 87507; Phone Printing, Inc., 445 12th Street, SW., ‘‘Attorney General’s Statement for Final number (505) 476–7907; Web site: http:// Room CY–B402, Washington, DC, Authorization’’, signed by the Attorney www.nmcpr.state.nm.us/. 20554, (800) 378–3160, or via the General of New Mexico January 1985, [FR Doc. E8–25533 Filed 10–27–08; 8:45 am] company’s Web site, http:// and revisions, supplements and BILLING CODE 6560–50–P www.bcpiweb.com. The Commission addenda to that Statement dated April will send a copy of this Report and 13, 1988; September 14, 1988; July 19, Order in a report to be sent to Congress 1989; July 23, 1992; February 14, 1994; FEDERAL COMMUNICATIONS and the Government Accountability July 18, 1994; July 20, 1994; August 11, COMMISSION Office pursuant to the Congressional 1994; November 28, 1994; August 24, Review Act, see 5 U.S.C. 801(a)(1)(A). 1995; January 12, 1996; June 14, 2000, 47 CFR Part 73 List of Subjects in 47 CFR Part 73 and August 3, 2006, are referenced as part of the authorized hazardous waste [DA 08–2276; MB Docket No. 07–182; RM– Radio, Radio broadcasting. 11393; MB Docket No. 07–194; RM–11397] management program under subtitle C ■ As stated in the preamble, the Federal of RCRA, 42 U.S.C. 6921 et seq. Radio Broadcasting Services; Antlers, Communications Commission amends (7) Program Description. The Program OK; Hico, TX, and Hugo, OK 47 CFR part 73 as follows: Description and any other materials submitted as supplements thereto are AGENCY: Federal Communications PART 73—RADIO BROADCAST referenced as part of the authorized Commission. SERVICES hazardous waste management program ACTION: Final rule. ■ 1. The authority citation for part 73 under subtitle C of RCRA, 42 U.S.C. continues to read as follows: 6921 et seq. SUMMARY: The Audio Division, at the request of Liberman Broadcasting of ■ 3. Appendix A to part 272 is amended Authority: 47 U.S.C. 154, 303, 334, 336. Dallas License LLC, allots FM Channel by revising the listing for ‘‘New Mexico’’ 293A in lieu of vacant FM Channel § 73.202 [Amended] to read as follows: 285A at Hico, Texas. Channel 293A can ■ 2. Section 73.202(b), the Table of FM Appendix A to Part 272—State be allotted at Hico, Texas, in Allotments under Texas, is amended by Requirements compliance with the Commission’s removing Channel 285A and adding * * * * * minimum distance separation Channel 293A at Hico. requirements with a site restriction of Federal Communications Commission. New Mexico 5.5 km (3.4 miles) south of Hico at the John A. Karousos, The statutory provisions include: following reference coordinates: 31–56– Assistant Chief, Audio Division, Media New Mexico Statutes 1978 Annotated, 00 North Latitude and 98–02–00 West Bureau. Hazardous Waste Act, Chapter 74, Article 4 Longitude. The Audio Division further [FR Doc. E8–25726 Filed 10–27–08; 8:45 am] (2000 Replacement Pamphlet). Please note amends the reference coordinates of that for a few provisions the version found vacant FM Channel 285A at Broken BILLING CODE 6712–01–P in the 2002 Cumulative Supplement to NMSA 74–4 is the approved version of the Bow, Oklahoma, to reflect a site restrict of 12.8 km (7.9 miles) northeast of statutes. DEPARTMENT OF COMMERCE Chapter 74, Article 4, Sections 74–4–2, 74– Broken Bow at the following reference 4–3 (except 74–4–3.A, 74–4–3.N, 74–4–3.R, coordinates: 34–06–21 North Latitude National Oceanic and Atmospheric and 74–4–3.V) (2002 Cumulative and 94–38–09 West Longitude. Administration Supplement), 74–4–3.1, 74–4–4.2.A, 74–4– DATES: Effective November 24, 2008. 4.2.B, 74–4–4.2.G introductory paragraph, ADDRESSES: 74–4–4.2.G(2), 74–4–4.3.F (2002 Cumulative Secretary, Federal 50 CFR Part 224 Communications Commission, 445 12th Supplement), 74–4–4.7 (except 74–4–4.7.B [Docket No. 080320453–8705–01] and 74–4–4.7.C), 74–4–9, and 74–4–10.1.C, Street, SW., Washington, DC 20554. as published by ConwayGreene Company, FOR FURTHER INFORMATION CONTACT: RIN 0648–XG60 1400 East 30th Street, Suite #402, Cleveland, Deborah Dupont, Media Bureau, (202) OH 44114; Phone number (216) 619–8091; 418–2180. Endangered and Threatened Species; Web site: http://www.conwaygreene.com. Final Rule to Remove the Caribbean SUPPLEMENTARY INFORMATION: This is a The regulatory provisions include: Monk Seal From the Federal List of Title 20, Chapter 4, Part 1, New Mexico synopsis of the Commission’s Report Endangered and Threatened Wildlife Annotated Code, effective October 1, 2003, and Order, MB Docket Nos. 07–182 and unless otherwise indicated, Sections 07–194, adopted October 8, 2008, and AGENCY: National Marine Fisheries 20.4.100, 20.4.1.101, 20.4.1.200, 20.4.1.300, released October 10, 2008. The full text Service (NMFS), National Oceanic and

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Atmospheric Administration, We are additionally required by ESA as sea wolves, hair seals, or simply Commerce. section 4(c)(2) and 50 CFR 424.12 to seals. Although the species had several ACTION: Final rule. review each species on the list every 5 common names, it is taxonomically years (‘‘5–year review’’) to determine described according to the following: SUMMARY: We, the National Marine whether a species’ classification on the Kingdom: Animalia Fisheries Service (NMFS), publish this list of threatened or endangered species Phylum: Chordata final rule to remove the Caribbean monk is accurate. We evaluate whether the Class: Mammalia seal (Monachus tropicalis) from the list species continues to meet the definition Subclass: Eutheria of endangered marine and anadromous of a threatened or endangered species, Order: Carnivora species at 50 CFR 224.101 due to and we evaluate the five factors under Suborder: Pinnipedia Family: Phocidae extinction of the species. We have ESA section 4(a)(1) to specify the ongoing reasons for the species’ status: Subfamily Monachinae reviewed the status of this species and Genus: Monachus determined that removal of the (1) The present or threatened destruction, modification or curtailment Species: tropicalis protections of the Endangered Species The genus Monachus includes 3 Act (ESA) for the Caribbean monk seal of its habitat or range; (2) overutilization for commercial, recreational, scientific, allopatric species: M. tropicalis is warranted. The U.S. Fish and Wildlife (Caribbean monk seals), M. Service (USFWS) concurred with our or educational purposes; (3) disease or predation; (4) the inadequacy of existing schauinslandi (Hawaiian monk seals), recommendation to delist this species in and M. monachus (Mediterranean monk a letter dated October 17, 2008. regulatory mechanisms; and (5) other natural or manmade factors affecting its seals). A thorough description of the DATES: The effective date of this rule is continued existence. A species may be Caribbean monk seal was completed by October 28, 2008. delisted pursuant to 50 CFR 424.11(d) if Adam (2004). Caribbean monk seals are ADDRESSES: Assistant Regional the best scientific and commercial data more closely related to Mediterranean Administrator, Protected Resources available substantiate that the species is monk seals than to Hawaiian monk seals Division, NMFS, Southeast Regional neither endangered nor threatened for (Wyss, 1988). However, the Office, 263 13th Ave. South, St. one or more of the following reasons: (1) phylogenetic relationship among Petersburg, FL 33701. the species is considered extinct; (2) the species of monk seals remains in dispute (Lavigne, 1998). No genetic FOR FURTHER INFORMATION CONTACT: Kyle species is considered to be recovered; studies of Caribbean monk seals have Baker, NMFS, Southeast Regional Office (3) the original data available when the been conducted. at 727–824–5312; or Marta Nammack, species was listed, or the interpretation NMFS, Office of Protected Resources at of such data, was in error. Biology We initiated a 5–year review for the 301–713–1401. Reference materials The Caribbean monk seal had a Caribbean monk seal on November 29, regarding this determination are typical seal-like appearance, with a 2006 (71 FR 39327), to ensure that the available upon request or on the Internet well-developed blubber layer, flipper- listing classification of the species at http://sero.nmfs.noaa.gov. like limbs, a short tail, and a smooth endangered is accurate. We completed SUPPLEMENTARY INFORMATION: body contour. The head was large and the 5–year review on March 7, 2008. prominent, its eyes were large and light Background The 5–year review synthesized the best reddish-brown in color (Ward, 1887), available scientific and commercial data On June 9, 2008, we proposed to and external pinnae were absent. Pups on the status of the species and delist the Caribbean monk seal under were born black in color and remained concluded that the Caribbean monk seal the ESA due to extinction of the species that way for about 1 year (Allen, 1887a). is extinct. (73 FR 32521). Under the ESA, a list of Adult pelage was variably dark dorsally endangered and threatened wildlife and Summary of Comments Received (brown to black) and graded into a plant species must be maintained. We received no comments on the lighter yellowish-white countershade NMFS lists threatened and endangered proposed delisting of Caribbean monk ventrally. Ventral fur ranged from pale species under its jurisdiction in 50 CFR seals during the public comment period. yellow to yellowish-gray or yellowish- parts 223 and 224. The USFWS brown and was sometimes mottled with maintains the official lists of threatened Assessment of the Species Status darker patches. The front and sides of and endangered species, which are The following presents a summary of the muzzle and the edge of the full and published at 50 CFR 17.11 (for animals) the data on which this determination is fleshy lips were yellowish-white. and 17.12 (for plants). NMFS and based, including a review of the Caribbean monk seals were sexually USFWS regulations published at 50 taxonomy, biology, life history, and dimorphic females were smaller than CFR, part 424, specify the procedures historic distribution of the Caribbean males (Allen, 1887b). However, the size and requirements for adding or monk seal; previous statutory and difference was slight and could not be removing species from the list of regulatory actions associated with this used to distinguish between the sexes. endangered and threatened species. In species; and an analysis of the best The two sexes were also alike in color addition, section 4(a)(2)(B)(i) of the ESA available information on the Caribbean and form (Allen, 1887b). Females had requires that, when determining that a monk seals’ status. two pairs of mammae (Ward, 1887). species should be removed from any list Measurements of adults of both sexes published pursuant to section 4(c), the Taxonomic Classification and generally ranged from 2.0–2.5 m (Allen, Secretary of Commerce shall Phylogeny 1887b; Allen, 1887c; Ward, 1887). recommend such action to the Secretary The Caribbean monk seal, also known Caribbean monk seal vocalizations of the Interior, and the Secretary of the as the Caribbean seal, the West Indian have been described as roaring, pig-like Interior, if he concurs in the seal, and the West Indian monk seal, snorting, moaning, dog-like barking, recommendation, shall implement such was described from the scientific growling, and snarling (Gosse, 1851; action. These responsibilities have been literature in 1849 from a specimen taken Hill, 1843; Nesbitt, 1836; Townsend, delegated to NMFS and USFWS, in Jamaica (Gray, 1849). Early references 1909). Pup vocalizations have been respectively. to this species referred to these animals reported as a long, drawn out, guttural

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‘‘ah’’ with a series of vocal hitches to rest in the early morning, though Distribution during enunciation (Ward, 1887). sometimes they would haul out and rest The historic distribution of Caribbean Underwater vocalizations of Caribbean overnight. monk seals has been estimated from monk seals have not been described and Very little is known about the effects historical sightings, archeological are unknown. of over-exploitation on sex ratios of the records, fossil evidence, and Both Mediterranean and Hawaiian species. The male to female ratio of geographical features bearing names monk seals are known to consume a specimens collected during a 1900 suggestive of their presence (Adam and variety of fish, cephalopods, and expedition in Mexico was 24:76, but by Garcia, 2003; Adam, 2004). The species’ crustaceans (Marchessaux, 1989; then the species was already severely northernmost record is from a fossil Goodman-Lowe, 1998), and it has been depleted. Because such data are limited recovered near Charleston, South speculated that Caribbean monk seals to a single sample size from one colony, Carolina. There is evidence that had a similar diet (Nesbitt, 1836; Gosse, it is not possible to determine whether Caribbean monk seals used mainland 1851; Ward, 1887). The three species of that reported sex ratio is representative, Monachus have no obvious functional beaches of North or Central America as reflective of previous hunting on the sex haul-out sites in great numbers. Most dental or osteological features to suggest ratio of the population, or due to some that their feeding habits are significantly sightings records were from isolated other unknown factor. Therefore, the islands, cays, and reefs in the eastern different from each other (Adam and relevance of those data to life history Berta, 2002). Gulf of Mexico (Ray, 1961; Timm et al., characteristics should be interpreted 1997) and western Caribbean Sea. The The incidence of disease in the wild with caution. has not been reported, but an only evidence Caribbean monk seals Observations of feeding seals have not occurrence of a condition that may have occurred in the Lesser Antilles is from been reported, and there are no reports been cataracts has been noted (Gaumer, archeological remains in the northern 1917; Ward, 1887). The nasal mite of prey items from the few examinations end of the chain (Wing, 1992) and a Halarachne americana was recovered in of stomach contents cited in the single sighting record (Timm et al., great numbers and in all stages of its life available literature. Pregnant females 1997). A few sightings records, cycle from the respiratory passages of a were known only from the Triangle archeological finds, and suggestive single captive specimen. The mite, Keys off Mexico, where a newborn place names extend the known range of which is only known from Caribbean suckling pup and five females with Caribbean monk seals to include the monk seals and has not been identified fetuses were collected in early northern coast of South America (Timm from any other species or habitats since December 1886 (Ward, 1887) and a et al., 1997; Debrot, 2000). that time, also may now be extinct single pregnant seal was killed in late June 1900 (original unpublished field Previous Regulatory and Statutory (Adam, 2004). Caribbean monk seals Actions for the Caribbean Monk Seal were reported to have heavy parasitic notes of W.E. Nelson as cited in Adam helminth loads (Adam and Garcia, 2003; and Garcia, 2003). Adam and Garcia The Caribbean monk seal was listed Ward, 1887), but a detailed description (2003) speculate that Caribbean monk as endangered in 1967 under the and species identification was not seals had low pupping synchrony due to Endangered Species Preservation Act of described. the limited seasonal variations in 1966 (32 FR 4001; March 11, 1967) and climate and prey abundance. An annual then again in 1979 following its re- Life History birth rate of 15 percent has been assessment under the ESA (44 FR Most observations of life history and calculated, but this is likely an 21288; April 10, 1979). The first behavior of Caribbean monk seals were underestimate (Rice, 1973). Rice (1973) Caribbean monk seal 5–year review was based on short-term observations of concluded that females rarely bore published on November 9, 1984 (49 FR seals in isolated colonies following young in successive years and likely 44774). At the time of that review, no heavy exploitation of the species. Due to produced a pup every other year; sightings or evidence of Caribbean monk the decline of this species after the however, research on Hawaiian monk seals were documented since the last arrival of the Europeans in the wider seals (Johanos et al., 1994) and confirmed sighting at Seranilla Bank, Caribbean region and its rarity by the Mediterranean monk seals (Johnson et between Jamaica and the Yucatan time the species was first described in al., 2006) has demonstrated that Peninsula, in 1952. Therefore, that 5– the scientific literature, remarkably little pupping in successive years is common year review concluded that the best is known about its life history. Prior to for those species. Weaning reportedly available information indicated the its depletion, Caribbean monk seals began 2 weeks after parturition; Caribbean monk seal may be extinct. hauled out in groups of up to 500 however, this also may be an Following the 1984 status review, the individuals (Nesbitt, 1836). Accounts of underestimate based on weaning U.S. Marine Mammal Commission Caribbean monk seals were usually from behavior in Hawaiian and contracted a study to interview local isolated islands, keys, and atolls Mediterranean monk seals. Pups fishermen, residents, and sailors along surrounded by shallow, reef-protected apparently developed quickly (Nesbitt, the north coast of Haiti. Although there waters, and only occasionally from 1836). Subadult seals were speculated to were two reported seal sightings mainland beaches. Haul out sites were have foraged nocturnally in shallow, obtained during the survey, there was usually sandy beaches that remain nearshore waters to avoid direct no tangible evidence to confirm whether exposed at high tide (Gaumer, 1917; and competition with adults, which fed at those sightings involved Caribbean Hill, 1843; as summarized in Adam, dawn and dusk (Adam and Garcia, monk seals or some other species. Based 2004; Kerr, 1824; Ward, 1887), but also 2003). Caribbean monk seals were upon a credible account of a sighting, included near shore rocks and rocky estimated to have a life span of 20–30 however, some isolated animals were islets (Allen, 1880; as cited in Adam and years (Adam, 2004), but long-term believed to potentially remain in some Garcia, 2003). Haul out sites typically studies of the species in the wild were remote regions off the northern coast of had sparse or no vegetation and no fresh not conducted. However, this estimate Haiti (Woods and Hermanson, 1987). A water (Ward, 1887). Adam and Garcia is consistent with that of the Hawaiian subsequent survey of fishermen in (2003) and Ward (1887) reported that monk seal, which is thought to have a waters of Haiti and Jamaica also the seals usually hauled out on beaches life span of approximately 25–30 years. generated a few oral accounts of seal

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sightings, but again, there was no eight individuals were killed for their Seranilla Banks (Colombia) in 1952, corroborating proof that the sightings meat (Kerr, 1824). located between Jamaica and the involved seals, much less Caribbean 1600s to 1900s: Caribbean monk seals Yucatan peninsula (Rice, 1973). monk seals (Boyd and Stanfield, 1998). were exploited intensively for their oil, 1973: The IUCN distributed circulars We decided not to delist the species in and to a lesser extent for food, scientific in both English and Spanish throughout 1999, however, because the question of study, and zoological collection the Caribbean region in 1973, offering the possible existence of a remnant following European colonization (Allen, U.S. $500 for information on recent population in the wild remained as a 1887b; Elliot, 1884; Townsend, 1923; sightings of the species. No confirmed result of these surveys. Moore, 1953, Ward, 1887). sightings were made (Boulva, 1979). Since the time of these additional 1849: The type specimen for the 1973: The USFWS conducted aerial surveys, there has been no new Caribbean seal was described from the surveys off the Yucatan, south to information to support the continued scientific literature from a specimen Nicaragua, and east to Jamaica, of all the existence of Caribbean monk seals. A taken in Jamaica (Gray, 1849). areas where Rice suggested that review of sightings and stranding data 1886: Caribbean monk seals were Caribbean monk seals may still exist. provided evidence of several positively reported to occur in the Triangle Keys The species was not sighted in the identified arctic phocids (true seals, or in the Gulf of Campeche, where 49 seals survey area (Kenyon, 1977). earless seals) in tropical and sub- were killed during a scientific 1980: Canada’s Department of tropical waters of the Western North expedition (Ward, 1887). Fisheries and Oceans, Arctic Biological Atlantic from 1917 through 1996 1897: The New York Aquarium Station, supported a search for evidence (Mignucci-Giannoni and Odell, 2001). acquired two specimens captured from of Caribbean monk seals in remote Due to confirmed sightings of arctic the Triangle Keys (Townsend, 1909). islands of the southeastern Bahamas by species in the Caribbean region outside 1906: On February 25, 1906, vessel and interviews with local their normal ranges, mostly hooded fishermen killed a Caribbean monk seal fishermen. The vessel survey produced seals (Cystophora cristata), and lack of five miles off Key West, Florida. The no sightings of seals. Interviews with any Caribbean monk seal sightings since 1906 account was the first sighting of fishermen produced a few new accounts 1952, the authors concluded that the the species in Florida in approximately of seals in the area during the 1960s and unidentified sightings in the period 30 years (Townsend, 1906). 1970s, but the sightings could not be reviewed were not Caribbean monk 1909: The New York Aquarium confirmed as Caribbean monk seals. seals (Mignucci-Giannoni and Odell, received four live Caribbean monk seals (Sergeant et al., 1980) 2001). We recently analyzed data from a dealer in Progresso, Yucatan. At 1984: From September 5–15, 1984, a between 1996 and 2007 and determined the time, the last known population of survey was conducted across the Gulf of 22 additional sightings of hooded seals the Caribbean monk seal was restricted Mexico to Campeche, Mexico, aboard have been confirmed in southeast U.S. to islands and reefs off the Yucatan, the Scripps Institution of Oceanography waters in that time period, of which 7 Mexico (Townsend, 1909). research vessel, Robert G. Sproul. The occurred in the Caribbean Sea 1911: An expedition off the coast of survey crew landed at three island (Southeast U.S. Marine Mammal Mexico killed approximately 200 seals groups off the north coast of the Yucatan Stranding Database, 2007). No for scientific study and collection Peninsula considered possible haul-out confirmed sightings of Caribbean monk (Townsend, 1909). sites still used by monk seals: Islas seals have been reported since 1952. 1922: A monk seal was killed by a Triangulos, Cayo Arenas and Arrecife fisherman near Key West, Florida, on Alacran. Another island, Cayo Arcas, Detailed Information on Sightings of the March 15, 1922. This was the last was visited by helicopter on September Caribbean Monk Seal confirmed sighting of the seal in the 7, 1984. The survey yielded no seal Since passage of the ESA, several United States. Townsend noted a small sightings or evidence of their continued efforts have been made to investigate breeding colony still remained in the existence (LeBoeuf et al., 1986). unconfirmed reports of the species in or Triangulos reef group (i.e., the Triangle 1985: The U.S. Marine Mammal near the Caribbean Sea, Gulf of Mexico, Islands) in the Campeche Bank islands Commission contracted for a survey of the Southern Bahamas, and Atlantic off Mexico (Townsend, 1923). local fishermen, coastal residents, and coast of the Greater Antilles. There have 1932: Following interviews with men sailors in northern Haiti. Two of 77 been several reports of pinnipeds within having seen seals in the lower Laguna people interviewed reported having the range of Caribbean monk seals since Madre region of Texas, Gordon Gunter seen a seal, one of which—a sighting at the last authoritative sighting at the concluded that a few Caribbean monk Ile Rat in the Baie de l’Acul in 1981— Seranilla Banks in 1952. Unconfirmed seals were scattered along the Texas was considered a reliable account. In sightings of pinnipeds up to that time coast as late as 1932 (Gunter, 1947). It neither case, however, was it possible to resulted in speculation that the was later suggested that the sightings of confirm the sighting as a Caribbean Caribbean monk seal still existed in a seals along the Texas coast were monk seal (Woods and Hermanson, few, isolated colonies as late as the mid- probably feral California sea lions 1987). to-late 1900s. The historical accounts of (Gunter, 1968). 1996: The IUCN Seal Specialist Group the species, unsuccessful expeditions to 1949: The International Union for the listed the Caribbean monk seal as locate remnant colonies, and confirmed Conservation of Nature and Natural extinct on its Red List of threatened and sightings of pinniped species other than Resources (IUCN) included the endangered species (Seal Specialist Caribbean monk seal within the species’ Caribbean monk seal in a list of 14 Group, 1996). historical range now provide useful mammals whose survival was 1997: Based on interviews with 93 perspective on the species’ decline. The considered to be a matter of fishermen in northern Haiti and Jamaica following provides a brief historical international concern requiring during 1997, it was concluded that there account of sightings and survey efforts immediate protection (Westerman, was a likelihood that Caribbean monk for the species. 1953). seals may still survive in this region of 1494: The first sightings records of 1952: C.B. Lewis made the last the West Indies. Fishermen were asked Caribbean monk seals were made during authoritative sighting of Caribbean to select marine species known to them the second voyage of Columbus, when monk seals at a small seal colony off from randomly arranged pictures: 22.6

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percent (n=21) selected monk seals of and scientific expeditions). No (Westerman, 1953). However, the last which 78 percent (n=16) had seen at Caribbean monk seal sightings have confirmed sighting of the species least one in the past 1–2 years (Boyd been reported from the numerous occurred in 1952, limiting any and Stanfield, 1998). scientific surveys conducted in the opportunity for conservation efforts of 2001: A review of seal sightings and former range of the species (e.g., avian any remaining animals in the wild. It marine mammal stranding data in the nesting colonies, sea turtle nesting has been over 50 years since the last Southeast U.S. and Caribbean region beaches, coral reef studies, and other confirmed sighting of Caribbean monk documented evidence of several biological and ecological research). seals in the wild, despite multiple pinnipeds positively identified as arctic Fishermen, shrimping boats, and survey efforts to locate the species. phocids between 1917 and 1996 that abandoned camps have been ubiquitous Solow (1993) used survey data of had strayed into the tropical and throughout the species’ known hauling Caribbean monk seals to demonstrate subtropical waters of the Western North grounds for decades (Kenyon, 1977; statistically that the likelihood of Atlantic. Due to confirmed sightings of LeBoeuf et al., 1986). extinction is high based on the lack of arctic species, mostly hooded seals Because the range of Caribbean monk sightings of this species. The IUCN (Cystophora cristata) in the Caribbean seal lies well outside the normal concluded the Caribbean monk seal was region outside their normal ranges, distribution of all other pinnipeds, extinct in 1996 (Seal Specialist Group, confirmed sightings and recaptures of sightings of seals are remarkable events 1996), but the species remained listed feral California sea lions that had in the wider Caribbean region. Hooded under the ESA in the United States escaped from captivity, and lack of any seals, usually juveniles, have been based on the results of survey data confirmed Caribbean monk seal documented wandering over large conducted after the 1984 status review sightings since 1952, the authors ranges. The wide-ranging movement of indicating a possibility that some concluded that unidentified sightings hooded seals was recently supported by Caribbean monk seals persisted for a since 1952 were likely species other DNA research showing genetic exchange few years after their last confirmed than Caribbean monk seals (Mignucci- between four main breeding areas sighting in 1952 at Seranilla Bank. Giannoni and Odell, 2001). (Coltman et al., 2007). NMFS’ analysis Although there were no sightings, it is 2007: Between 1996 and 2008, 22 of stranding data shows that the possible that the Caribbean monk seal additional, confirmed sightings of occurrence of arctic phocids outside persisted for a short period in the years hooded seals have been reported from their normal ranges occurs with some following the last confirmed sighting in the tropical and subtropical waters of regularity. Current technology allows for 1952 at Seranilla Bank. If so, with an the Western North Atlantic, including near real-time communication when estimated life span of 20–30 years, some nine from the tropical and subtropical such rare or unusual species are sighted. newborn individuals may have possibly waters of the Western North Atlantic Better methods also exist to confirm persisted in the wild between the 1950s (Southeast U.S. Marine Mammal species identification when such and early 1980s. If any remnant Stranding Database, 2008). sightings are made (e.g., photographs population did survive, it seems likely 2008: NMFS status review of the and genetic analysis of tissue samples). they consisted of scattered individuals, species concludes that recent pinniped Although some seal sightings inevitably with no remaining colonies large sightings have been of species other are not identifiable to a particular enough to be viable in the wild. than Caribbean monk seals, and that species, all those that have been Considering the absence of seal sufficient time has passed since the last confirmed in recent decades within the sightings since 1952, the fact that all sighting to infer extinction of the known range of the Caribbean monk seal confirmed seal sightings have been of species (NMFS, 2008). have proven to be other species, namely other species, and the ubiquitous Although Caribbean monk seals could feral California sea lions (Rice, 1973), presence of humans throughout the be cryptic while at sea and a low manatees (Trichechus manatus), or species’ range, the Caribbean monk seal number of individuals in a population hooded seals (Mignucci-Giannoni and appears to have been extirpated before may lower the detectability of Odell, 2001; NMFS Southeast U.S. any meaningful conservation and individuals, hauled out individuals at Marine Mammal Stranding Database recovery efforts could be taken for the rest or females with pups would be data, 2007). The occurrence of juvenile species. conspicuous to an observer. The United hooded seals in subtropical and tropical Although documentation of harvest Nations Environment Programme, waters (outside the normal range of levels and practices that led to this Caribbean Environment Programme, these seals) occurs with enough species’ population decline is nearly was contacted in December 2007 frequency to account for most recent absent, it is evident from early reports regarding any new information on pinniped sightings within the former that relatively large numbers of seals surveys or sightings of Caribbean monk range of the Caribbean monk seal persisted in at least some areas as late seals that may have been missed by (Mignucci-Giannoni and Haddow, 2002; as the early 1800s and that their NMFS’ review of sightings and Mignucci-Giannoni and Odell, 2001). precipitous decline in abundance was stranding data; however, the inquiry A sufficient amount of time has due to heavy exploitation by sealers and resulted in no new information. With passed since the last sighting of this others. During the 1800s their pervasive human presence in the wider species to indicate clearly the status of distribution became increasingly Caribbean region and the necessity for this species. The Convention on fragmented. By the time scientific seals to haul-out to rest and pup, it International Trade in Endangered expeditions were organized in the late would be expected that any remaining Species of Wild Fauna and Flora 1800s to document and study the individuals in the wild would have (CITES) and the IUCN have set 50 years species, their range was already been sighted and confirmed over the with no sightings as the cut-off for drastically curtailed. Rice (1973) noted past 50 years. Furthermore, there are species extinction (IUCN, 1982). In that the last confirmed sighting of this few, if any, remaining areas where 1949, the IUCN included the Caribbean species was in 1952 at Seranilla Banks Caribbean monk seals were known to monk seal in a list of 14 mammals in the western Caribbean. The Caribbean occur that have not been frequented by whose survival was considered to be a monk seal population was already at least periodic human visits (e.g., matter of international concern severely depleted, and likely extirpated fishing activities, recreational activities, requiring immediate protection throughout most, and possibly all, of its

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range prior to the passage of the ESA for scientific collection and study, as the Triangle Keys (Allen, 1887; Ward, and Marine Mammal Protection Act. well as for display in zoological 1887). Live specimens obtained by the gardens. Adam (2004) provides an New York Aquarium in 1897 and 1909 Consideration of the Factors Listed excellent review of the historical also were captured from the Triangle under Section 4(a)(1) of the ESA exploitation of Caribbean monk seals. Keys (Townsend, 1909). The two main factors leading to the He reports the species was the most Conclusions Regarding Listing listing of the Caribbean monk seal as readily exploited source of oil in the Determination endangered are the modification and tropical West Atlantic Ocean prior to curtailment of its habitat and range, and the early 1800s, and that it was hunted Based upon the best available overutilization for commercial and to near extinction for its blubber until commercial and scientific information, educational purposes. Details about the early 1900s. we have determined that the Caribbean these factors and how they impacted the Blubber was processed and used for monk seal has become extinct. A species are provided below, but because lubrication, coating the bottom of boats, sufficient period of time has passed we have determined that this species is and as lamp and cooking oil. Caribbean since the last confirmed sighting of the extinct, they no longer have any bearing monk seal skins were sought to make species, and the best available on the status of the species. trunk linings, articles of clothing (e.g., information supports this finding. The USFWS concurred with our Modification and Curtailment of its caps and belts), straps, and bags. In the recommendation to delist this species in Habitat and Range early 1700s, a girdle fashioned from a Caribbean monk seal pelt was believed a letter dated October 17, 2008, and will When hauled out on beaches, to relieve lower back pain. At least some remove the species from the List of Caribbean monk seals were reported to sailors reportedly prized monk seal Endangered and Threatened Wildlife at have been sensitive to human pelts, believing that their hairs became 50 CFR 17.11(h) in a separate Federal disturbance (Allen, 1880; Gaumer, 1917; erect during rough seas, but remained Register notice. Therefore, we remove Ward, 1887). As with both Hawaiian flat in calm seas. The Swiss naturalist the species from our endangered species and Mediterranean monk seals, Konrad Gesner reported accounts from list at 50 CFR 224.101(b) in this final Caribbean monk seals apparently seafarers in the Caribbean (near the rule. became sensitized to human presence island of Hispaniola) in the 1550s, References Cited after exposure to hunting or other writing: ‘‘Its hair is reputed to be of such human activity. Thus, although many a wondrous nature that the skins or A complete list of all references cited recent descriptions of monk seals state belts are worn by mariners. When in this final rule is available upon that they are highly sensitive to human thunderstorms, tempests and other request from the NMFS (see ADDRESSES) disturbance, some accounts, including inclement weather is nigh, the hair shall and our website at http:// early accounts of the species (e.g., E.W. rise and bristle, but when it turns still sero.nmfs.noaa.gov/pr/protres.htm. Nelson, as cited in Adam and Garcia, and mild, it shall lay down smoothly’’ Peer Review 2003), describe them as being very (Gesner, 1558, as cited in Johnson, approachable when hauled out on 2004). On July 1, 1994, we and the USFWS beaches. When disturbed, Caribbean Caribbean monk seals were taken for published a series of policies regarding monk seals reportedly returned to the food by sailors stranded on the Arricifes delistings under the ESA, including a water where they remained until the Viboras (Cuba) in 1520, on the Islas de policy for peer review of scientific data people or vessels left the area (Adam Lobos (Veracruz, Mexico) in 1524, Dry (59 FR 34270). In December 2004, the and Garcia, 2003; Allen, 1880). As Tortugas (Florida) in 1742, and in the Office of Management and Budget human settlements expanded in areas Triangle Keys (Mexico) in 1846. Guano (OMB) issued a Final Information inhabited by this species and persistent gatherers visiting the Triangle Keys in Quality Bulletin for Peer Review hunting reinforced evasive seal 1856 reportedly made a bonfire of 100 establishing minimum peer review behaviors, avoidance of human presence barrels of Caribbean monk seal skins standards, a transparent process for near populated shorelines and areas and skeletons left behind by sealers, public disclosure of peer review regularly visited by fishermen likely suggesting that they were heavily planning, and opportunities for public caused seals to abandon historic haul- exploited for their oil in this region. participation. The OMB Bulletin, out sites. Human encroachment also Fishermen sometimes hunted the seals implemented under the Information likely exacerbated stresses on the for meat until about 1885. In at least one Quality Act (Public Law 106–554), is population as it declined. Although the instance, two monk seals were killed intended to enhance the quality and species was reported as common in the simply ‘‘for fun’’ (Allen, 1880). Aside credibility of the Federal Government’s early to mid 1700s, it was already from heavy hunting pressure by scientific information, and applies to considered rare by the mid 1880s humans, the only known natural influential or highly influential (Allen, 1887b; Elliot, 1884; Gratacap, predator reported is an unidentified scientific information disseminated on 1900). species of shark (Fernandez de Oviedo, or after June 16, 2005. 1944). To satisfy our requirements under our Overutilization for Commercial and As a result of this species’ increasing peer review policy and the OMB Educational Purposes rarity in the wild, live specimens were Bulletin, independent peer review was Caribbean monk seals were utilized as eagerly sought by zoological gardens obtained from three individual subject a source of meat by early mariners and following the discovery of remnant matter experts to ensure the best heavily exploited as a source of oil populations in the late 1800s. In 1897, biological and commercial information following European colonization (Allen, two live specimens sold for $50.00 each, was used to make the recommendation 1880). Other human-caused factors, and dead or mounted specimens also to delist the species due to extinction. such as entanglement and drowning in were sold to museums. Two scientific Peer review was also obtained to ensure fishing nets or slaughter by fishermen expeditions to the Triangle Keys are that reviews by recognized experts were viewing the seals as competitors for fish, believed to have contributed to the incorporated into the 5–year review that contributed to their decline (Rice, 1973). extirpation in that region. On 4 days in supports this final rule to delist the Caribbean monk seals were also killed December 1886, 49 seals were killed in Caribbean monk seal, and we

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incorporated the peer review comments Therefore, the economic analysis List of Subjects in 50 CFR Part 224 prior to dissemination of this final rule. requirements of the Regulatory The 5–year review upon which the Flexibility Act are not applicable to the Administrative practice and information in this final rule is based listing process. In addition, this rule is procedure, Endangered and threatened was completed for the Caribbean monk exempt from review under E. O. 12866. species, Exports, Imports, Reporting and recordkeeping requirements, seal on March 7, 2008, and is available Paperwork Reduction Act on our website at http:// Transportation. sero.nmfs.noaa.gov/pr/protres.htm. This proposed rule does not contain Dated: October 22, 2008. a collection-of-information requirement Classification for the purposes of the Paperwork Samuel D. Rauch III, National Environmental Policy Act Reduction Act. Deputy Assistant Administrator for Regulatory Programs, National Marine The 1982 amendments to the ESA, in Federalism Fisheries Service. section 4(b)(1)(A), restrict the E.O. 13132 requires agencies to take ■ For the reasons set out in the information that may be considered into account any federalism impacts of preamble, we amend 50 CFR part 224 as when assessing species for listing to the regulations under development. It follows: best scientific and commercial data includes specific consultation directives available. Based on this limitation of for situations where a regulation will PART 224—ENDANGERED MARINE criteria for a listing decision and the preempt state law, or impose substantial AND ANADROMOUS SPECIES opinion in Pacific Legal Foundation v. direct compliance costs on state and Andrus, 657 F 2d 829 (6th Cir.1981), we local governments (unless required by ■ 1. The authority citation for part 224 have concluded that ESA listing actions statute). Neither of these circumstances continues to read as follows: are not subject to the environmental is applicable to this proposed listing assessment requirements of the National determination. In keeping with the Authority: 16 U.S.C. 1531 1543 and 16 Environmental Policy Act. (see also intent of the Administration and U.S.C. 1361 et seq. NOAA Administrative Order 216 6.) Congress to provide continuing and meaningful dialogue on issues of mutual § 224.101 [Amended] Executive Order (E.O.) 12866, State and Federal interest, the proposed Regulatory Flexibility Act ■ rule was given to the relevant state 2. Amend § 224.101(b) by removing As noted in the Conference Report on agencies in each state in which the the phrase ‘‘Caribbean monk seal the 1982 amendments to the ESA, Caribbean monk seal formerly occurred, (Monachus tropicalis);’’. economic impacts cannot be considered and each agency was invited to [FR Doc. E8–25704 Filed 10–27–08; 8:45 am] when assessing the status of a species. comment. BILLING CODE 3510–22–S

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