Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Proposed Rules 32521 DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: Kyle is extinct. Therefore, we propose to Baker, NMFS, Southeast Regional Office delist the Caribbean monk seal. Below, National Oceanic and Atmospheric at the address above, at 727–824–5312; we present a summary of the data on Administration or Marta Nammack, NMFS, Office of which this proposal is based, including Protected Resources at 301–713–1401. a review of the taxonomy, biology, life 50 CFR Part 224 Reference materials regarding these history, and historic distribution of the [Docket No. 080320453–8705–01] determinations are available upon Caribbean monk seal; previous statutory request or on the Internet at http:// and regulatory actions associated with RIN 0648–XG60 sero.nmfs.noaa.gov. this species; and an analysis of the best available information on the Caribbean Endangered and Threatened Species; SUPPLEMENTARY INFORMATION: monk seals’ status. Proposed Rule to Remove the Background Caribbean Monk Seal from the Federal Taxonomic Classification and List of Endangered and Threatened Under the ESA, a list of endangered Phylogeny Wildlife and threatened wildlife and plant species must be maintained. NMFS lists The Caribbean monk seal, also known AGENCY: National Marine Fisheries threatened and endangered species as the Caribbean seal, the West Indian Service (NMFS), National Oceanic and under its jurisdiction in 50 CFR parts seal, and the West Indian monk seal, Atmospheric Administration, 223 and 224. The U.S. Fish and Wildlife was described from the scientific Commerce. Service (USFWS) maintains the official literature in 1849 from a specimen taken ACTION: Proposed rule. lists of threatened and endangered in Jamaica (Gray, 1849). Early references species, which are published at 50 CFR to this species referred to these animals SUMMARY: We, the National Marine as sea wolves, hair seals, or simply Fisheries Service (NMFS), have 17.11 (for animals) and 17.12 (for plants). NMFS and USFWS regulations seals. Although the species had several reviewed the status of the Caribbean common names, it is taxonomically monk seal (Monachus tropicalis) and published at 50 CFR, part 424, specify the procedures and requirements for described according to the following: conclude that the species is extinct. As Kingdom: Animalia adding or removing species from the list a result, based on the best available Phylum: Chordata information, we propose to delist the of endangered and threatened species. Class: Mammalia Caribbean monk seal under the We are additionally required by ESA Subclass: Eutheria Endangered Species Act (ESA). section 4(c)(2) and 50 CFR 424.12 to Order: Carnivora review each species on the list every 5 DATES: Comments on this proposed rule Suborder: Pinnipedia years (‘‘5–year review’’) to determine must be received by 5 p.m., Eastern Family: Phocidae whether a species’ classification on the Time, on August 8, 2008. Requests for Subfamily Monachinae list of threatened or endangered species public hearing must be made in writing Genus: Monachus is accurate. We evaluate whether the and received by July 24, 2008. Species: tropicalis species continues to meet the definition The genus Monachus includes 3 ADDRESSES: You may submit comments, of a threatened or endangered species, allopatric species: M. tropicalis identified by the Regulation Identifier and we evaluate the five factors under (Caribbean monk seals), M. Number (RIN) 0648–XG60, by any of the ESA section 4(a)(1) to specify the schauinslandi (Hawaiian monk seals), following methods: ongoing reasons for the species’ status: Electronic Submissions: Submit all and M. monachus (Mediterranean monk (1) The present or threatened electronic public comments via the seals). A thorough description of the destruction, modification or curtailment Federal eRulemaking Portal: http:// Caribbean monk seal was completed by of its habitat or range; (2) overutilization www.regulations.gov. Adam (2004). Caribbean monk seals are Mail: Assistant Regional for commercial, recreational, scientific, more closely related to Mediterranean Administrator, Protected Resources or educational purposes; (3) disease or monk seals than to Hawaiian monk seals Division, NMFS, Southeast Regional predation; (4) the inadequacy of existing (Wyss, 1988). However, the Office, 263 13th Ave. South, St. regulatory mechanisms; and (5) other phylogenetic relationship among Petersburg, FL 33701. natural or manmade factors affecting its species of monk seals remains in Facsimile (fax): 727–824–5309. continued existence. A species may be dispute (Lavigne, 1998). No genetic Instructions: All comments received delisted pursuant to section 424.11(d) if studies of Caribbean monk seals have are a part of the public record and will the best scientific and commercial data been conducted. available substantiate that the species is generally be posted to http:// Biology www.regulations.gov without change. neither endangered nor threatened for All Personal Identifying Information (for one or more of the following reasons: (1) The Caribbean monk seal had a example, name, address, etc.) the species is considered extinct; (2) the typical seal-like appearance, with a voluntarily submitted by the commenter species is considered to be recovered; well-developed blubber layer, flipper- may be publicly accessible. Do not and/or (3) the original data available like limbs, a short tail, and a smooth submit Confidential Business when the species was listed, or the body contour. The head was large and Information or otherwise sensitive or interpretation of such data, was in error. prominent, its eyes were large and light protected information. We initiated a 5–year review for the reddish-brown in color (Ward, 1887), NMFS will accept anonymous Caribbean monk seal on November 29, and external pinnae were absent. Pups comments. Attachments to electronic 2006 (71 FR 39327), to ensure that the were born black in color and remained comments will be accepted in Microsoft listing classification of the species that way for about 1 year (Allen, 1887a). Word, Excel, WordPerfect, or Adobe endangered is accurate. We completed Adult pelage was variably dark dorsally PDF file formats only. The proposed the 5–year review on March 7, 2008. (brown to black) and graded into a rule and status review are also available The 5–year review synthesized the best lighter yellowish-white countershade electronically at the NMFS website at available scientific and commercial data ventrally. Ventral fur ranged from pale http://sero.nmfs.noaa.gov/pr/ on the status of the species and yellow to yellowish-gray or yellowish- protres.htm. concluded that the Caribbean monk seal brown and was sometimes mottled with VerDate Aug<31>2005 18:31 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\09JNP1.SGM 09JNP1 jlentini on PROD1PC65 with PROPOSALS 32522 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Proposed Rules darker patches. The front and sides of the scientific literature, remarkably little for those species. Weaning reportedly the muzzle and the edge of the full and is known about its life history. Prior to began 2 weeks after parturition; fleshy lips were yellowish-white. its depletion, Caribbean monk seals however, this also may be an Caribbean monk seals were sexually hauled out in groups of up to 500 underestimate based on weaning dimorphic females were smaller than individuals (Nesbitt, 1836). Accounts of behavior in Hawaiian and males (Allen, 1887b). However, the size Caribbean monk seals were usually from Mediterranean monk seals. Pups difference was slight and could not be isolated islands, keys, and atolls apparently developed quickly (Nesbitt, used to distinguish between the sexes. surrounded by shallow, reef-protected 1836). Subadult seals were speculated to The two sexes were also alike in color waters, and only occasionally from have foraged nocturnally in shallow, and form (Allen, 1887b). Females had 2 mainland beaches. Haul out sites were nearshore waters to avoid direct pairs of mammae (Ward, 1887). usually sandy beaches that remain competition with adults, which fed at Measurements of adults of both sexes exposed at high tide (Gaumer, 1917; and dawn and dusk (Adam and Garcia, generally ranged from 2.0–2.5 m (Allen, Hill, 1843; as summarized in Adam, 2003). Caribbean monk seals were 1887b; Allen, 1887c; Ward, 1887). 2004; Kerr, 1824; Ward, 1887), but also estimated to have a life span of 20–30 Caribbean monk seal vocalizations included near shore rocks and rocky years (Adam 2004), but long-term have been described as roaring, pig-like islets (Allen, 1880; as cited in Adam and studies of the species in the wild were snorting, moaning, dog-like barks, Garcia, 2003). Haul out sites typically not conducted. However, this estimate growls, and snarls (Gosse, 1851; Hill, had sparse or no vegetation and no fresh is consistent with that of the Hawaiian 1843; Nesbitt, 1836; Townsend, 1909). water (Ward, 1887). Adam and Garcia monk seals, which is thought to have a Pup vocalizations have been reported as (2003) and Ward (1887) reported that life span of approximately 25–30 years. a long, drawn out, guttural ‘‘ah’’ with a the seals usually hauled out on beaches Distribution series of vocal hitches during to rest in the early morning, though enunciation (Ward, 1887). Underwater sometimes they would haul out and rest The historic distribution of Caribbean vocalizations of Caribbean monk seals overnight. monk seals has been estimated from have not been described and are Very little is known about the effects historical sightings, archeological unknown. of over-exploitation on sex ratios of the records, fossil evidence, and Both Mediterranean and Hawaiian species. The male: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.