Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Black Abalone

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Proposed Rules]
[Page 1986-1999]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja08-12]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 071128765-7769-01]
RIN 0648-AW32

Endangered and Threatened Wildlife and Plants; Proposed
Endangered Status for Black Abalone

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: We, NMFS, have completed a review of the status of black
abalone (Haliotis cracherodii) under the Endangered Species Act (ESA).
After reviewing the best scientific and commercial information
available, evaluating threats facing the species, and considering
efforts being made to protect black abalone, we have concluded that the
species is in danger of extinction throughout all of its range and are
proposing to list the species as endangered under the ESA. This
proposal is based on information indicating that: the disease known as
withering syndrome has spread to areas throughout the range of the
species, has been responsible for the local extirpation of populations
throughout a large part of the species' range, and threatens remaining
black abalone populations; low adult densities below the critical
threshold density required for successful fertilization exist
throughout a large part of the species' range; and, a number of
interacting factors (e.g., suboptimal water temperatures, reduced
genetic diversity, and illegal harvest) may further hamper natural
recovery of the species. A critical habitat designation is being
considered and may be proposed in a subsequent Federal Register notice.
If the proposed listing is finalized, a recovery plan will be prepared
and implemented.

DATES: Comments on this proposal must be received by April 10, 2008.
Public hearing (s) will be held promptly if any person so requests by
February 25, 2008. Notice of the location (s) and time(s) of any such
hearing(s) will be published in the Federal Register not less than 15
days before the hearing(s) is(are) held.

ADDRESSES: You may submit comments, identified by [RIN 0648-AW32], by
any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.

Facsimile (fax): 562-980-4027, Attn: Melissa Neuman.
Mail: Submit written comments to Chief, Protected
Resources Division, Southwest Region, National Marine Fisheries
Service, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without

change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
We will accept anonymous comments. Attachments to electronic
comments will be accepted in Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
A draft black abalone status review report and other reference
materials regarding this determination can be obtained via the Internet
at: http://www.nmfs.noaa.gov. The draft status review report and list

of references are also available by submitting a request to the
Assistant Regional Administrator, Protected Resources Division,
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Melissa Neuman, NMFS, Southwest Region
(562) 980-4115; or Lisa Manning, NMFS, Office of Protected Resources
(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Background

Black abalone was added to the National Marine Fisheries Service's
(NMFS') Candidate Species list on June 23, 1999 (64 FR 33466) and
remained on this list after NMFS redefined the term ``candidate
species'' on April 15, 2004 (69 FR 19975). We initiated an informal ESA
status review of black abalone on July 15, 2003, and formally announced
initiation of a status review on October 17, 2006 (71 FR 61021), at the
same time soliciting information from the public. On December 27, 2006,
we received a petition from the Center for Biological Diversity (CBD)
to list black abalone as either an endangered or threatened species
under the ESA and to designate critical habitat for the species
concurrently with any listing determination. We published a 90-day

[[Page 1987]]

finding on April 13, 2007 (72 FR 18616), stating that the CBD petition
presented substantial scientific and commercial information indicating
that the petitioned actions may be warranted.
In June 2007, we assembled a Status Review Team (SRT) to review the
available information, assess the extinction risk and threats facing
the species, and produce an ESA status review report for black abalone.
The draft status review report (VanBlaricom et al., 2007) (hereafter
``status report'') provides a thorough account of black abalone biology
and natural history, and assesses demographic risks, threats and
limiting factors, and overall extinction risk. The key background
information and findings of the draft status report are summarized
below.

Taxonomy and Species Description

Abalone, members of the gastropod genus Haliotis, are marine
gastropods that occur throughout most of the world (Cox, 1962). There
are approximately 60 species (Geiger, 1999) found in temperate to
tropical waters from the intertidal zone (i.e., the area of the
foreshore and seabed that is exposed to the air at low tide and
submerged at high tide) to depths of over 50 m. All are benthic,
occurring on hard substrate, relatively sedentary, and generally
herbivorous, feeding on attached or drifting algal material. There are
seven species of abalone native to the west coast of North America
(Geiger, 1999).
The taxonomic classification of black abalone is as follows:
Phylum Mollusca, Class Gastropoda, Subclass Prosobranchia, Order
Archaeogastropoda, Superfamily Pluerotomariacea, Family Haliotidae,
Genus Haliotis, Species cracherodii. Leach (1814) gave the first formal
description of this shallow-living abalone (upper intertidal zone to
subtidal depths of 6 m), describing the shell as smooth, circular, and
black to slate blue in color. There are five to nine open respiratory
pores that are flush with the shell's surface. Typically, the shell's
interior is white (Haaker et al., 1986), with a poorly defined or no
muscle scar (Howorth, 1978). Adults attain a maximum shell length of
approximately 20 cm (throughout this document we use the maximum
diameter of the elliptical shell as the index for individual body
size). The muscular foot of the black abalone allows the animal to
clamp tightly to rocky surfaces without being dislodged by wave action.
Locomotion is accomplished by an undulating motion of the foot. A
column of shell muscle attaches the body to the shell. The mantle and
black epipodium, a sensory structure and extension of the foot which
bears lobed tentacles of the same color (Cox, 1960), circle the foot
and extend beyond the shell of a healthy black abalone. The internal
organs are arranged around the foot and under the shell.

Historical and Current Distribution

There is some debate regarding the northern extent of the historic
range of black abalone. Many have cited the historic range as extending
from Coos Bay, Oregon, USA to Cabo San Lucas, Southern Baja California,
Mexico (Geiger, 2000). However, the northernmost documented record of
black abalone (based on museum specimens) is from Crescent City (Del
Norte County, California, USA; Geiger, 2004). Most experts agree that
the current range of black abalone extends from Point Arena (Mendocino
County, California, USA) south to Northern Baja California, Mexico.
Black abalone may exist, but are considered extremely rare, north of
San Francisco (Morris et al., 1980) to Crescent City, California, USA
and south of Punta Eugenia to Cabo San Lucas, Baja California, Mexico
(P. Raimondi, pers. comm.). Within this broad geographic range, black
abalone generally inhabit coastal and offshore island intertidal
habitats on exposed rocky shores where bedrock provides deep,
protective crevice shelter (Leighton, 2005).

Population Structure

Recent studies have evaluated population structure in black abalone
(Hamm and Burton, 2000; Chambers et al., 2006; Gruenthal, 2007) using
various methods. These studies indicate: (1) minimal gene flow among
populations; (2) black abalone populations are composed predominantly
of closely related individuals produced by local spawning events; (3)
gene flow among island populations is relatively greater than between
island and mainland populations; and (4) the overall connectivity among
black abalone populations is low and likely reflects limited larval
dispersal, and a low degree of exchange among populations.

Habitat

Black abalone occur over a broad latitudinal range, though the
range appears to have narrowed somewhat from historic times. This broad
range, in addition to their small-scale distribution (high intertidal
to 6 m depth), is associated with an evolved capability to withstand
extreme variation in environmental conditions such as temperature,
salinity, moisture, and wave action.
Black abalone occur on a variety of rock types, including igneous,
metamorphic, and sedimentary rocks at a number of locations. Complex
surfaces with cracks and crevices in upper and middle intertidal zones
may be crucial recruitment habitat and appear to be important for adult
survival as well (Leighton, 1959; Leighton and Boolootian, 1963;
Douros, 1985, 1987; Miller and Lawrenz-Miller, 1993; VanBlaricom et
al., 1993; Haaker et al., 1995). Complex configurations of rock
surfaces likely afford protection from predators, direct impacts of
breaking waves, wave-born projectiles, and excessive solar heating
during daytime low tides.

Movement

Planktonic larval abalone movement is almost certainly determined
primarily by patterns of water movement in nearshore habitats near
spawning sites. Individual larvae may be able to influence movement to
some degree by adjusting vertical position in the water column, but to
our knowledge the ability of black abalone larvae to move in this way
has not been documented. Movement behavior of post-metamorphic juvenile
black abalone is likewise unknown. Leighton (1959) and Leighton and
Boolootian (1963) indicate that black abalone larvae may settle and
metamorphose in the upper intertidal zone, using crevices and
depressions (including those formed by abrasive action of other
intertidal mollusks) as habitat. Leighton and Boolootian (1963) suggest
that young black abalone move lower in the intertidal zone as they
begin to grow, occupying the undersides of large boulders. To our
knowledge there is no published information on direct observations of
movement behavior of small ( < 20 mm) juvenile black abalone in the
field. Qualitative (Leighton, 2005; VanBlaricom, unpublished
observations) and quantitative (Bergen, 1971; Blecha et al., 1992;
VanBlaricom and Ashworth, in preparation; Richards, unpublished
observations) studies of movement in black abalone suggest that smaller
abalone (< 65 mm) move more frequently than larger abalone, movement is
more frequent during night hours compared to daylight hours, and that
larger abalone may remain in the same location for many years.

Diet

Larvae are lecithotrophic (i.e., receive nourishment via an egg
yolk) and apparently do not feed while in the plankton. From the time
of post-larval metamorphosis to a size of about 20 mm, black abalone
are highly cryptic,

[[Page 1988]]

occurring primarily on the undersides of large boulders or in deep
narrow crevices in solid rocky substrata. In such locations the primary
food sources are thought to be microbial and possibly diatom films
(Leighton, 1959; Leighton and Boolootian, 1963; Bergen, 1971). At
roughly 20 mm black abalone move to more open locations, albeit still
relatively cryptic, gaining access to both attached macrophytes and to
pieces of drift plants cast into the intertidal zone by waves and
currents. As black abalone continue to grow, the most commonly observed
feeding method is entrapment of drift plant fragments. Webber and Giese
(1969), Bergen (1971), Hines and Pearse (1982), and Douros (1987) have
confirmed the importance of large kelps in the diet of juvenile and
adult black abalone. The primary food species are said to be
Macrocystis pyrifera and Egregia menziesii in southern California
(i.e., south of Pt. Conception) habitats, and Nereocystis leutkeana in
central and northern California habitats.

Reproduction

Black abalone have separate sexes and are ``broadcast'' spawners.
Gametes from both parents are shed into the sea, and fertilization is
entirely external. Resulting larvae are minute and defenseless, receive
no parental care or protection of any kind, and are subject to a broad
array of physical and biological sources of mortality. Species with a
broadcast-spawning reproductive strategy are subject to strong
selection for maximum fecundity of both sexes. Only through production
of large numbers of gametes can broadcast spawners overcome high
mortality of gametes and larvae and survive across generations. It is
not uncommon for broadcast-spawning marine species, a group including
many taxa of fish and invertebrates, to produce millions of eggs or
sperm per individual per year. Broadcast spawners are also subject to
other kinds of selection for certain traits associated with
reproduction, including spatial and temporal synchrony in spawning and
mechanisms that increase probabilities for union of spawned gametes.

Spawning Density

As intertidal organisms on exposed rocky shores, black abalone
typically release gametes into environments of extreme turbulence. As a
consequence, eggs and sperm must be released from adults in relatively
close spatial and temporal proximity in order to have any chance of
union and fertilization before rapid dispersal and loss of opportunity.
A central problem for conservation of black abalone is the dramatic
reduction in densities over the past quarter-century in almost the
entire geographic range of the species. Reductions in density are so
extreme and widespread that considerable attention is now focused on
assessment of critical density thresholds for successful reproduction,
recruitment, and population sustainability. A review of critical
density thresholds, below which recruitment failure occurs, for other
marine, broadcast-spawning invertebrates (i.e., sea urchins, sea
cucumbers, hard clams, scallops, giant clams, and geoduck clams) has
revealed that critical density thresholds exist across a broad
taxonomic range. However, despite apparent risks of local extinction
when populations decline below critical density thresholds, there are
several cases where combinations of circumstances allow populations to
recover to densities above the critical thresholds. Thus, for black
abalone the key conservation issues are identification of critical
density thresholds and an understanding of circumstances, if any, that
may allow escape from high risks of local extinction when thresholds
are breached.
Babcock and Keesing (1999) estimated critical density thresholds at
0.15-0.20 m-2 for greenlip abalone (Haliotis laevigata). Tissot (2007)
reviewed recruitment patterns in three long-term data sets for black
abalone in California: in each case, recruitment failed when declining
population densities fell below 0.75-1.1 m-2. Tissot (2007) noted that
densities in most black abalone populations south of Cayucos,
California, have fallen below the densities noted. Recent evidence
suggests that disease-induced increases in the mortality rate of black
abalone continue to move northward along the mainland coast of
California (e.g., Raimondi et al., 2002; Miner et al., 2006). Thus,
critical density thresholds are thought to have been violated for most
of the black abalone populations in California, and because of the
spread of the disease known as withering syndrome (as explained below),
the number and geographic scope of populations with densities falling
below sustainable levels is expected to increase.

Larval Settlement

A sequence of studies and discoveries by Morse and colleagues
(Morse et al., 1979; Morse and Morse, 1984; Trapido-Rosenthal and
Morse, 1986; Morse, 1990; Morse, 1992), Douros (1985), and Miner et al.
(2006) suggest that availability of crustose coralline algae in
appropriate intertidal habitats may be significant to the success of
the larval recruitment process in black abalone; and, that the presence
of adult black abalone may facilitate larval settlement and
metamorphosis because the activities and presence of the abalone favor
the maintenance of substantial substratum cover by crustose coralline
algae. Although crustose coralline algae are ubiquitous in rocky
benthic habitats along the west coast of North America, a mechanistic
understanding of processes that sustain these algal populations has not
been established to our knowledge. If the presence of black abalone
facilitates the abundance of crustose coralline algae, it follows that
the issue of critical density thresholds may take on added importance.

Larval Dispersal and Recruitment

Indirect methods for assessing larval dispersal in abalone (Tegner
and Butler, 1985; Prince et al., 1988; Hamm and Burton, 2000; Chambers
et al., 2005; Chambers et al., 2006; Gruenthal, 2007) point to
consistent results. Given that most abalone larvae are drifting in the
water for a period of about 3-10 days before settlement and
metamorphosis (e.g., McShane, 1992), abalone in general, including
black abalone, have limited capacity for dispersal over distances
beyond a few kilometers, and are able to do so only rarely.
Tissot (2007) has estimated empirically that successful recruitment
of black abalone requires the presence of local adult populations at
densities of 0.75-1.1 m-2 or greater, and that the number of
known populations of adult black abalone at or above putative threshold
densities is diminishing over time in a geographically progressive
manner. Tissot (2007) further noted that virtually all monitored black
abalone populations continue to decrease in mean density over time.
This combination of observations emphasizes the importance of critical
density thresholds in the sustainability and conservation of black
abalone populations throughout their range. Patterns of aggregation may
mitigate effects of decline below a critical density threshold
(VanBlaricom, unpublished data). However, only one or two populations
in California that have sustained mass mortality due to withering
syndrome are known to be increasing in numbers. Thus, even if an
ability for black abalone to aggregate exists, it may not be sufficient
to facilitate successful recruitment and population sustainability
under current environmental conditions.

[[Page 1989]]

Growth and Maximum Size

Available data on black abalone growth suggest that young animals
reach maximum shell diameters of about 2 cm in their first year, then
grow at rates of 1-2 cm per year for the next several years. Growth
begins to slow at lengths of about 10 cm, corresponding to an age range
of 4-8 yrs. Beyond this point, growth is less predictable, shell
erosion may become a significant factor, and size distributions for
older animals may vary according to local conditions. Growth and
erosion of shells may come into equilibrium in older black abalone,
such that growth can be viewed as facultatively determinant.
Maximum recorded shell length for black abalone was listed at 213
mm by Wagner and Abbott (1990). Ault (1985) reported a maximum shell
length of black abalone at 215 mm. Leighton (2005) indicated a shell
length of 216 mm reported by Owen (unpublished observation). At least
two black abalone of approximately 220 mm maximum shell length were
known to be alive at San Nicolas Island in January 2007 (VanBlaricom,
Neuman, and Witting, unpublished observations), but the cryptic
locations of the animals have made measurements awkward and possibly
not accurate. Monitoring and measurement of these individuals will
continue in association with ongoing population surveys.

Mortality

Mortality rates caused by withering syndrome appear to be sensitive
to fluctuations in local sea surface temperatures (Friedman et al.,
1997; Raimondi et al., 2002; Harley and Rogers-Bennett, 2004; Vilchis
et al., 2005). There is evidence that, in the short term, population-
scale mortality rates vary in space and time from near zero to high
proportions of local populations. The available evidence suggests that
mortality rates driven by withering syndrome are highest during periods
following elevations in sea surface temperature (e.g., Raimondi et al.,
2002). Over the long term, all available evidence indicates substantial
increases in mortality rates, and consequent reductions in densities,
in populations throughout the range of black abalone that have been
afflicted by withering syndrome (e.g., Tissot, 2007). More detail
regarding the severe risk that withering syndrome poses to the future
survival of the species is presented below (see Summary of Factors
Affecting the Species and Population Modeling: Geographic Spread of
Disease vs. Disease Resistance).
Physical oceanographic conditions, predation by octopuses,
lobsters, sea stars, fishes, sea otters, and shorebirds, competition
with sea urchins, and food limitation may all impose mortality at
varying rates depending on black abalone life stage. The draft status
report (VanBlaricom et al., 2007) provides additional qualitative
information regarding the relative importance of these sources of
mortality. The importance of anthropogenic mortality (i.e., commercial
and recreational harvest, illegal harvest, incidental losses,
pollution) is also discussed in the draft status report and in other
sections of this proposed rule (see Summary of Factors Affecting the
Species).

Abundance

There are two types of data that can be examined to provide a
better understanding of variation in black abalone abundance over time:
fishery-dependent and fishery-independent data. Based on a detailed
examination of these two data types, Tissot (2007) evaluated trends in
black abalone abundance over the last 3 decades.
Fishery-dependent Information
An intertidal fishery focused on red (Haliotis rufescens Swainson,
1822), green (Haliotis fulgens Philippi, 1845), and black abalone began
in the 1850s in Central California and in the 1880s in Baja California,
Mexico (Bonnot, 1930; Lundy, 1997). The fishery peaked at 1,860 mt in
1879 (Cox, 1962). By 1913, the intertidal fishery was closed because of
concerns regarding overfishing (Bonnot, 1930). From 1913-1928,
commercial and recreational dive fisheries developed, but black abalone
were not documented prior to 1940. During the 18\th\ and 19\th\
centuries, two predatory forces on black abalone populations in
Southern California had been removed. First, the Native American
Chumash and Gabrielino/Tongva cultures of the southern California
Islands, who were known to have harvested black abalones in large
numbers for food over periods of five to ten millennia, and fur hunters
responsible for the elimination of southern sea otter populations south
of Point Conception by the time of the U.S. Civil War. There is
uncertainty regarding the ecological importance of sea otter predation
on black abalone, but the potential for strong interactions is
substantial given known effects of sea otter predation on red abalone
(for more detailed information on the effects of sea otter predation
see Summary of Factors Affecting the Species below).
California Department of Fish and Game landings data (1940-1993)
indicate that black abalone were intensively exploited only after other
more marketable species had been largely depleted. Black abalone
landings peaked in 1973 at 868 mt. During the peak decade of black
abalone fishing from 1972-1981, Rogers-Bennett et al. (2002) estimate
that approximately 3.5 million individuals were taken in the commercial
fishery, and an additional 6,729 animals were taken in the recreational
fishery. By 1993 both fisheries for black abalone were closed due to
concerns regarding severe population declines (Haaker et al., 1992).
Rogers-Bennett et al. (2002) estimated baseline abundance, prior to
overfishing and mass mortalities due to withering syndrome (for more
detailed information on withering syndrome see Summary of Factors
Affecting the Species below), for black abalone using landings data
from the peak of the commercial and recreational fisheries (1972-1981),
assuming that the population was at least as large as the number taken
in the fishery, that the fishery ``sampled'' all size classes, and that
no new individuals were added to the population during the 10-year peak
of the fishery. With these assumptions, the baseline minimum estimate
of abundance for black abalone prior to overexploitation and withering
syndrome was 3.54 million animals. This estimate provides a historic
perspective on patterns in abundance, defines a relevant baseline
abundance against which to compare modern day trends, and helps to
assess the species' current status and risks. However, it should be
noted that the estimate was calculated using data from a period of time
when black abalone reached extraordinary abundance levels on the
Channel Islands, possibly in response to the elimination of subsistence
harvests by indigenous peoples, limited public access in modern times,
and regional-scale extinctions of sea otters.
The abalone fishery in Mexico dates to approximately 1860, but
modern commercial harvests did not develop until the 1940s. The fishery
is pursued by 22 fishing cooperatives, distributed across 4 management
zones on the Pacific coast of the Baja California peninsula. Five
cooperatives are present in management zone 1, which is the
northernmost of the zones and extends from the U.S.-Mexico border to
Punta Malarrimo, Baja California Sur.
Reported commercial fishery data for black abalone during 1990-2003
comes entirely from management zone 1. During this time period, the
commercial

[[Page 1990]]

catch of black abalone in Mexico declined from a high of 28 mt in 1990
to < 0.5 mt in 2003, an overall decline of greater than 98 percent (J.
Palleiro, unpublished data; Sierra-Rodriguez et al., 2006). These data
suggest similar fishery declines to those in California. The decline in
Mexico is attributed primarily to large mortality events associated
with withering syndrome, rather than to overfishing.
Fishery-independent Information
The earliest fishery-independent black abalone abundance estimates
were generated beginning in 1975 at survey stations on the Palos Verdes
Peninsula of Los Angeles County, California (Miller and Lawrenz-Miller,
1993). Black abalone densities ranged from 1.0 to 6.8 m-2
from 1975-1976, but declined during the remainder of the survey
interval to less than 0.3 m-2 by 1987. Douros (1987)
reported densities as great as 127 m-2 in certain surge channels at
Santa Cruz Island in 1983-1984, but typical densities within a study
site ranged from 30 to 90 m-2. Other field studies during the 1980s on
Santa Cruz Island yielded black abalone densities of 0 to 50
m-2 (Haaker et al., 1992). Tissot (1995), also studying
black abalone populations on Santa Cruz Island, found averages of 43 to
58 m-2 for surf-exposed and protected subpopulations,
respectively, in 1987. These densities declined over the next 6 years
due to withering syndrome, dropping to less than 1 m-2 by
1993. As of this writing, only one site on Santa Cruz Island (Willows
Anchorage) has experienced an increase in local density since 1993.
Several studies monitoring black abalone abundance at other Channel
Islands found similar declines through the late 1980s and early 1990s.
From 1985 to 1989, mean densities for black abalone populations on
Anacapa, Santa Rosa, Santa Barbara, and San Miguel islands were
obtained annually along permanent transects established by the Channel
Islands National Park (Richards and Davis, 1993). Densities ranged from
20 to 50 m-2 on early visits, but fell to <10 m-2
by 1989 for all islands except for San Miguel due to mass mortalities
associated with withering syndrome. By 1996, local densities fell to
1.0 m-2 or less on San Miguel Island.
At San Nicolas Island, densities of black abalones averaged >10
m-2 at nine monitored sites from 1981 to the early 1990s.
Withering syndrome was first seen at San Nicolas Island in spring 1992
(VanBlaricom et al., 1993), and densities declined during the middle
1990s to <1 abalone m-2 at all sights except one
(VanBlaricom, unpublished data. The highest local density of black
abalone recorded among the several studies of island populations in the
1980s was 296 individuals, primarily adults, in a single quadrat of 1
m\2\ at San Nicolas Island on November 23, 1988, at site 7
(VanBlaricom, 1993; unpublished data).
In recent years, three fishery-independent surveys for black
abalone have been conducted along the mainland coast and offshore
islands of Baja California, Mexico. In 2002, a survey for black abalone
was done at Bahia Tortugas, just south of Punta Eugenia and located at
the north end of management zone 2. Only four individuals were found,
ranging in maximum shell diameter from 121 to 152 mm (Sierra Rodriguez
et al., 2006). A second survey was conducted in 2004. Black abalone
were found at low densities where they occurred, with 98 percent of
located animals measuring < 120 cm in maximum shell diameter. No animals
were found with symptoms of withering syndrome during the 2004 survey.
Black abalone were found along the mainland coast of management zone 1,
and on Isla Guadalupe and Isla San Jeronimo. The only black abalone
found in Baja California Sur were at Bahia Tortugas (Sierra-Rodriguez
et al., 2006).
The third study was conducted in 2005 in regions of upwelling on
rocky intertidal benches along the northern Baja California coast from
Costa Azul to Punta Baja (Raimondi, unpublished data). Twelve sites,
suspected to have been affected by withering syndrome, were surveyed
for suitable habitat (rocky crevices) in the mid to low intertidal
zone, and then timed searches were conducted for black abalone. Black
abalone were not densely aggregated at any site surveyed in this study;
however, a large proportion of the individuals found were small (< 50
mm). This evidence of recent recruitment in northern Baja California is
promising given that there is no evidence of successful recruitment to
mainland California sites affected by withering syndrome (south of Pt.
Piedras Blancas in northern San Luis Obispo County). Raimondi
(unpublished data) hypothesized that the discrepancy between the
patterns of recruitment in the two regions may be because: (1) healthy
populations exist somewhere in Mexico (perhaps on offshore islands),
and these are seeding northern areas; or (2) recruitment dynamics are
different for withering syndrome-impacted sites in Mexico versus those
in California. Fresh shells, in some cases containing flesh, were found
at three of the twelve sites, suggesting that withering syndrome may
still be impacting areas of Northern Baja California. Large numbers of
older shells were identified at a few sites, suggesting that black
abalone were abundant in these areas in the past.

Consideration as a ``Species'' Under the ESA

The ESA defines a species as ``any species or subspecies of
wildlife or plants, or any distinct population segment of any species
of vertebrate fish or wildlife which interbreeds when mature.'' Black
abalone is a marine invertebrate and is not a subspecies; therefore, it
may not be subdivided into a listable unit below the taxonomic species
level.

Status of Black Abalone

Black abalone have experienced major declines in abundance that
prompted eventual closure of the commercial and recreational fisheries
and resulted in local extinctions and low local densities in the
majority of long-term monitoring studies in California. These declines
have been particularly severe in the southern California Islands, which
were major foci for the commercial fishery from 1970-1993 and where
abalone densities were high (>40 m-2) as late as the mid-
1980s. Although the geographic range of black abalone extends to
northern California, the vast majority of abalone populations have
historically occurred south of Monterey, particularly in the Channel
Islands (Cox, 1960; Karpov et al., 2000). Thus, black abalone
populations have been severely reduced over an area that covers more
than half of the species' geographic range, and black abalone from
these areas historically comprised greater than 90 percent of the
commercial fishery catch and the majority of the adult black abalone
populations in California.
Both the commercial fishery trends and long-term monitoring studies
indicate that significant declines in black abalone abundance began in
southern California in the mid-1980s. The first evidence of decline
came from Palos Verdes in the late 1970s and early 1980s and at Laguna
Beach in 1985-1986 (Tissot, 1988). However, in the case of Palos
Verdes, the decline may have been due to other factors (Miller and
Lawrenz-Miller, 1993). By 1986, declining populations and associated
observations of withering syndrome had spread to the northern Channel
Islands, starting at Anacapa, progressing to Santa Rosa, Santa Cruz,
and Santa Barbara islands, and finally reaching San Miguel Island in
1989 (Tissot, 1991; Davis et al., 1992; Tissot, 1995). By the early
1990s, declines were observed on San Nicolas Island (VanBlaricom et
al., 1993) and

[[Page 1991]]

north of Point Conception on the mainland to Government Point, Santa
Barbara County (Altstatt et al., 1996). During the 1990s, declines in
abundance were noted north of Government Point to Cayucos in San Luis
Obispo County (Altstatt et al., 1996; Raimondi et al., 2002). Noted
declines were also observed in central Baja California, Mexico, around
Bahia Tortugas during El Nino events in the late 1980s and 1990s
(Altstatt et al., 1996; Pedro Sierra-Rodriquez, personal communication)
and may be linked to declines in the fishery that occurred in the
1990s. Thus, the spread of withering syndrome is strongly associated
with declines in abundance and with a pattern of increased northward
expansion co-occurring with increasing coastal warming and El Nino
events (Tissot, 1995; Altstatt et al., 1996; Raimondi et al., 2002).
To our knowledge there are no data available on black abalone
populations north of San Mateo County on the mainland coast of
California. As a consequence, we lack information on the remaining
stocks of black abalone not influenced by withering syndrome. The two
northernmost sites have either not been studied since 1995 (Ano Nuevo;
Tissot, 1995) or have only been recently established in large,
dispersed areas (Pigeon Point; Raimondi and Miner, pers. comm.).
Establishment of long-term monitoring studies in northern California
(e.g., in San Francisco County and north of the Golden Gate) would
serve an important need in documenting northward progression of
withering syndrome and mass mortality in the northern limit of the
geographic range of black abalone.
Natural recovery of severely reduced abalone populations can be a
very slow process (e.g., Tegner, 1992). This is largely due to the low
reproductive efficiency of widely dispersed adult populations coupled
with short larval dispersal distances (see Reproduction and Spawning
Density above). Therefore, severely reduced populations, in addition to
providing few reproductive adults, also experience reduced
effectiveness of fertilization and eventual recruitment of larval
abalone.
Moreover, many studies have shown that abalone larvae generally do
not disperse widely. For example, Prince et al. (1988) and McShane
(1992) showed a strong correlation between the abundances of adult and
newly recruited abalone at several sites in South Australia, which
suggests that larvae are not dispersed very far from their point of
origin. Similarly, Tegner (1992) showed that recruitment of juvenile
green abalone was rare in Palos Verdes, California, where adult abalone
were very uncommon even though abundant adult stocks were found less
than 30 km away in the Channel Islands. Thus, although more abundant
black abalone populations occur in central and perhaps northern
California, decimated stocks in southern California are unlikely to
receive significant recruitment from these distant populations (Hamm
and Burton, 2000).
Studies indicate that a local adult density ``threshold'' exists
and influences local recruitment. Recovery will largely depend on the
density of local brood stocks and whether this density is below the
critical value necessary for successful recruitment (Tegner, 1992).
Based on field experiments, Babcock and Keesing (1999) showed that
recruitment failure occurred in greenlip abalone at adult densities of
0.15-0.20 m-2. Based on empirical data from three long-term
studies of black abalone in California, recruitment failure occurred
below adult densities of 0.75-1.10 m-2. Given that the
majority of populations south of Cayucos in central California are
below this threshold, many significantly so, it seems unlikely that
these populations will be able to recover naturally to their former
abundances, at least in the near future. Moreover, given the continued
decline of most populations and the continued northward expansion of
withering syndrome with warming events (Raimondi et al., 2002), it
seems likely that black abalone populations will continue to decline on
a large scale.

Assessment of Risk of Extinction

Analysis of Demographic Risk

The demographic risks that black abalone face were assessed by
considering four criteria (abundance, growth rate/productivity, spatial
structure/connectivity, and genetic and life history diversity) and
other key risks (e.g., threats). These criteria provide a strong
indication of the level of extinction risk faced by a species. A
species at very low levels of abundance and with few populations will
be less tolerant to environmental variation, catastrophic events,
genetic processes, demographic stochasticity, ecological interactions,
and other processes. Productivity or a growth rate that is unstable or
declining over a long period of time may reflect a variety of causes,
but indicates poor resiliency to future environmental variability or
change. For species at low levels of abundance, in particular,
declining or highly variable productivity confers a high level of
extinction risk. A species with a geographic spatial structure that is
not widely distributed across a variety of well-connected habitats will
have a diminished capacity for recolonizing locally extirpated
populations, and is at increased risk of extinction due to
environmental perturbations and catastrophic events. A species that has
lost locally adapted genetic and life-history diversity may lack the
raw resources necessary to endure short- and long-term environmental
changes.
The SRT concluded that black abalone face high levels of risk in
each of the four demographic criteria. The SRT unanimously scored the
species' abundance as high risk due to critically low population
abundance as indicated by local density levels. Severe declines in
abundance (greater than 90 percent) have occurred at the majority (76
percent) of long-term monitoring study sites, including all sites in
southern California (Tissot, 2007). The high risk to abundance is
attributable to population densities below the minimum threshold
density necessary for successful fertilization (0.75 - 1.1
m-2). Additionally, this factor contributes significantly to
long-term risk of extinction, and, coupled with low spatial
connectivity between populations (i.e., making recolonization unlikely)
and the ongoing activity and expansion of withering syndrome, is likely
to contribute to short-term risk of extinction in the foreseeable
future.
The majority of the SRT concluded that there is a very high risk of
black abalone extinction due to low growth and productivity. Population
growth is negative in all areas south of Cayucos, California, except
for two locations in the southern California Islands. Furthermore, all
sites south of Cayucos, but for the two isolated island locations, have
exhibited recruitment failure because of local densities below the
minimum threshold for successful fertilization. This high level of risk
due to poor growth rate and productivity, by itself, likely indicates a
high risk of extinction in the near future.
The majority of the SRT concluded that black abalone are at high to
very high risk because of compromised spatial structure and population
connectivity. Dispersion data among local populations indicates that
there is poor connectivity among populations. Such limited connectivity
reduces the likelihood that disease resistance to withering syndrome,
if it exists, will spread to other populations. Furthermore, the poor
connectivity among populations makes it unlikely that populations
extirpated by disease or catastrophic events will be recolonized in the
foreseeable future.

[[Page 1992]]

The SRT unanimously concluded that black abalone are at high
extinction risk because of low genetic diversity. Genetic diversity in
a population is determined by estimating the number of possible alleles
that may exist at gene loci. Genetic diversity provides a mechanism for
populations to adapt to their changing environment. Thus, the more
genetic variation in a population, the better the chance that at least
some individuals will have the capability to adapt to a new environment
and will be able to pass this capability on to subsequent generations.
Loss of genetic diversity in populations may occur because of factors
that cause a major reduction in abundance and/or isolate a subset of
individuals from the rest of the population. Genetic diversity has
likely declined in black abalone populations because of catastrophic
losses that the species has experienced throughout a large part of its
range. As a result, populations have become small and more isolated,
exacerbating the effects of naturally occurring low exchange rates
between populations because of limited larval dispersal. Overfishing
and disease have contributed to the loss of genetic diversity within
black abalone populations, and, as a result, the ability of extant
(i.e., currently existing) black abalone populations to exhibit
resilience in the face of other threats, such as other diseases, has
been compromised. Low genetic diversity, in combination with low
spatial connectivity between populations, suggests that even if some
genetic resiliency exists locally, it is not likely to spread and
establish itself in other extant populations.

Population Modeling: Geographic Spread of Disease vs. Disease
Resistance

VanBlaricom et al. (2007) calculated the probability of extinction
with time using a simple formula that accounts for the main threat that
black abalone faces, withering syndrome. The probability of extinction
is considered as a function of two parameters (R=the probability that
the northward spread of withering syndrome will cease very soon and
S=the probability that resistance will emerge very soon on a large
spatial scale in the host), using the logic that if withering syndrome
alone results in a high enough risk of extinction in a short time
(i.e., 30 years-the expected life span of black abalone), then that may
suffice to evaluate whether the species is in danger of extinction
currently or in the foreseeable future.
Assuming R and S are independent, the overall probability of
functional extinction (i.e., the reproductive potential of isolated
survivors is zero and no viable populations remain) in 30 years based
on the SRT members' best professional judgment was 95.7 percent. The
collective view of the SRT is that the risk is at a level where
functional extinction without active management has a very high
likelihood of occurring. This probability should not be interpreted as
a prediction of the demise of the last individual black abalone within
30 years.

Summary of Factors Affecting the Species

According to Section 4 of the ESA, the Secretary of Commerce
determines whether a species is threatened or endangered because of any
(or a combination) of the following factors: the present or threatened
destruction, modification, or curtailment of its habitat or range;
overutilization for commercial, recreational, scientific or educational
purposes; disease or predation; inadequacy of existing regulatory
mechanisms; or other natural or man-made factors affecting its
continued existence. We examined these factors for their historic,
current, and/or potential impact on black abalone and considered them,
along with current species distribution and abundance, to help
determine the species' present vulnerability to extinction.
Present or Threatened Destruction, Modification, or Curtailment of its
Habitat or Range
Most of the threats that result in substrate destruction, such as
coastal development, recreational access, cable repairs, nearshore
military operations and benthic community shifts, occur infrequently,
have a narrow geographic scope, or have uncertain or indirect effects
on black abalone. Some exceptions may exist in the cases of
sedimentation and sea level rise in that these threats have the
potential to produce more widespread impacts, but the certainty that
these factors will affect black abalone is low. For example, sea level
rise may result in loss of suitable habitat in a preferred depth range
because of increased erosion, turbidity, and siltation, but we
currently lack information to determine whether these habitat changes
will be important factors for further decline.
Suboptimal water temperatures are likely to have contributed to the
decline of black abalone and pose a serious threat to the ability of
the species to persist because elevated water temperatures are
correlated with accelerated rates of withering syndrome transmission
and disease-induced mortality. Water temperatures can become elevated
because of anthropogenic sources of thermal effluent and long-and
short-term climate change (e.g., global climate change and El Nino -
Southern Oscillation). For example, discharge from the Diablo Canyon
nuclear power plant in San Luis Obispo County, California and recent El
Nino - Southern Oscillation oceanographic events in the Pacific Ocean
have produced short-term periods of ocean warming and are associated
with increased rates of mortality due to withering syndrome over
relatively small spatial scales. Although there is no explicitly
documented causal link between the existence of withering syndrome and
global climate change, patterns observed over the past 3 decades
suggest that progression of ocean warming associated with large-scale
climate change may facilitate further and more prolonged vulnerability
of black abalone to effects of withering syndrome.
Finally, we view the severity, geographic scope, and level of
certainty that black abalone are affected by reduced food quality and
quantity as being relatively low compared to other factors. Davis et
al. (1992) posited that a key consequence of kelp forest ecosystem
disruption, due to a variety of reasons such as El Nino events, was
reduced food supply for black abalone. Although reductions in kelp
abundance occurred in the early 1980s, subsequent studies (e.g.,
Friedman et al., 1997) have suggested that reduced food supply probably
did not trigger the mass mortalities caused by withering syndrome. Kelp
abundances had recovered from El Nino effects in southern California by
the time withering syndrome was first observed in 1985, and the
abundant black abalone populations at San Nicolas Island showed no
response in density to the 1982-1984 El Nino disturbances, despite
dramatic reductions in kelp abundance near the Island (VanBlaricom,
1993). Thus, this factor has likely not played an important role in the
overall decline of the species, and, unless new information surfaces,
this factor is not believed to pose a significant threat in the future.
Overutilization for Commercial, Recreational, Scientific or Educational
Purposes
Throughout most of the species' range, local densities are below
the critical threshold density required for successful spawning and
recruitment. This predicament has occurred because of mass mortalities
due to withering syndrome (see Disease or Predation below) and
overutilization for

[[Page 1993]]

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

[[Page 1994]]

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

[[Page 1995]]

coordinated efforts between CDFG marine and coastal regions and planned
overflights along the Central California coast during low tides. CDFG
wardens approximate that 80 percent of seized abalone were returned
alive to the wild, but these animals were not monitored for long-term
survival, and thus, these data are of limited use for calculating
poaching-induced mortality estimates. The problem of poaching persists,
and there is no evidence that existing regulatory mechanisms have
effectively reduced the risks posed by illegal take. Inadequate
regulatory mechanisms are likely to have contributed to the decline of
black abalone and pose a serious threat to the ability of the species
to recover.
Other Natural or Man-made Factors
Environmental pollutants and toxins are likely present in areas
where black abalone have occurred and still do occur, but evidence
suggesting causal and/or indirect negative effects on black abalone due
to exposure to pollutants or toxins is lacking. Before a causal link
between the bacteria that causes withering syndrome and mass
mortalities of black abalone was established, efforts were made to link
mass mortalities to pollutant concentrations (Gardner et al., 1995);
however, no link could be identified. There is one instance of abalone
mortality associated with a pollution event, described by Martin et al.
(1977). Toxic levels of copper in the cooling water effluent of the
Diablo Canyon nuclear power plant were associated with abalone
mortalities in a nearshore cove that received significant effluent
flows. Growth and reproduction of black abalone were reported to have
been impaired on the Palos Verdes Peninsula (Los Angeles County,
California) in the late 1950s and early 1960s, in association with
apparent combined effects of a significant El Nino event and poor water
quality resulting from large-volume domestic sewage discharge by Los
Angeles County (Leighton, 1959; Cox, 1962; Young, 1964; Miller and
Lawrenz-Miller, 1993). There is ongoing concern that accidentally
spilled oil from offshore drilling platforms or various types of
commercial vessels could occur near shore in California and could
affect a significant proportion of black abalone habitat; however, at
this time we are uncertain how such an event would impact the species'
overall status. The overall risk that environmental pollutants and
toxins have posed is probably low, given their limited geographic scope
and uncertain effects on black abalone; however, a single event in the
future, depending on where it occurs, could irreparably damage the few
remaining viable populations of black abalone.

SRT Assessment of Overall Extinction Risk

The SRT's analysis of overall risk to black abalone used categories
that correspond to definitions in the ESA: in danger of extinction;
likely to become endangered in the foreseeable future; or neither. The
overall extinction risk assessment reflected informed professional
judgment by each SRT member. This assessment was guided by integrating
information about demographic risks, a consideration of the
interactions among these risks, population projections over the next 30
years (i.e., time span approximating the average black abalone life
span and a reasonable horizon for projecting current conditions into
the future), as well as threats and other factors affecting black
abalone.
The SRT concluded unanimously that black abalone is in danger of
extinction throughout all of its range. The spread of withering
syndrome poses imminent and significant risk to the species and
exacerbates the high levels of demographic risk to which black abalone
are subject, including extremely low local densities, low levels of
growth and productivity, limited spatial structure and connectivity,
and loss of genetic diversity. In addition, the SRT estimated that
there is approximately a 96-percent probability that black abalone will
suffer functional extinction within the next 30 years.

Consideration of ``Significant Portion of Its Range''

Because we conclude that black abalone is in danger of extinction
throughout all of its range, it is not necessary for us to consider the
question of whether black abalone is at risk throughout a significant
portion of its range.

Efforts Being Made to Protect the Species

Section 4(b)(1)(A) of the ESA requires the Secretary of Commerce to
make listing determinations solely on the basis of the best scientific
and commercial data available after taking into account efforts being
made to protect a species. Therefore, in making a listing
determination, we first assess a species' level of extinction risk and
identify factors that have led to its decline. We then assess existing
efforts being made to protect the species to determine if those
measures ameliorate the risks.
In judging the efficacy of existing protective efforts, we rely on
the joint NMFS-U.S. Fish and Wildlife Service (FWS) ``Policy for
Evaluation of Conservation Efforts When Making Listing Decisions''
(``PECE;'' 68 FR 15100; March 28, 2003). PECE provides direction for
the consideration of protective efforts identified in conservation
agreements, conservation plans, management plans, or similar documents
(developed by Federal agencies, state and local governments, Tribal
governments, businesses, organizations, and individuals) that have not
yet been implemented, or have been implemented but have not yet
demonstrated effectiveness. The policy articulates several criteria for
evaluating the certainty of implementation and effectiveness of
protective efforts to aid in determining whether a species should be
listed as threatened or endangered. Evaluations of the certainty an
effort will be implemented include whether: the necessary resources
(e.g., funding and staffing) are available; the requisite agreements
have been formalized such that the necessary authority and regulatory
mechanisms are in place; there is a schedule for completion and
evaluation of the stated objectives; and (for voluntary efforts) the
necessary incentives are in place to ensure adequate participation. The
evaluation of the certainty of an effort's effectiveness is made on the
basis of whether the effort or plan: establishes specific conservation
objectives; identifies the necessary steps to reduce threats or factors
for decline; includes quantifiable performance measures for the
monitoring of compliance and effectiveness; incorporates the principles
of adaptive management; and is likely to improve the species' viability
at the time of the listing determination.
PECE also notes several important caveats. Satisfaction of the
above mentioned criteria for implementation and effectiveness
establishes a given protective effort as a candidate for consideration,
but does not mean that an effort will ultimately change the risk
assessment. The policy stresses that just as listing determinations
must be based on the viability of the species at the time of review, so
they must be based on the state of protective efforts at the time of
the listing determination. PECE does not provide explicit guidance on
how protective efforts affecting only a portion of a species' range may
affect a listing determination, other than to say that such efforts
will be evaluated in the context of other efforts being made and the
species' overall viability. There are circumstances where threats are
so

[[Page 1996]]

imminent, widespread, and/or complex that it may be impossible for any
agreement or plan to include sufficient efforts to result in a
determination that listing is not warranted.
Conservation measures that may apply to listed species include
conservation measures implemented by tribes, states, foreign nations,
local governments, and private organizations. Also, Federal, tribal,
state, and foreign nations' recovery actions (16 U.S.C. 1533(f)),
Federal consultation requirements (16 U.S.C. 1536), and prohibitions on
taking (16 U.S.C. 1538) constitute conservation measures. In addition,
recognition through Federal or state listing promotes public awareness
and conservation actions by Federal, state, tribal governments, foreign
nations, private organizations, and individuals.
As evaluated pursuant to PECE, the protective efforts described
below do not as yet, individually or collectively, provide sufficient
certainty of implementation and effectiveness to counter the extinction
risk assessment conclusion that the species is in danger of extinction
throughout its range.

National Marine Fisheries Service- Species of Concern Program

Black abalone was added to NMFS' Candidate Species list on June 23,
1999 (64 FR 33466). The NMFS' Candidate Species List was revised and
redefined and the NMFS' Species of Concern List was created on April
15, 2004 (69 FR 19975). Species of Concern are those species about
which we have some concerns regarding status and threats, but for which
insufficient information is available to indicate a need to list the
species under the ESA. On October 17, 2006 (71 FR 61021), we formally
announced initiation of a black abalone status review and at that time
the species became a Candidate Species. Candidate Species are those
petitioned species that are actively being considered for listing as
endangered or threatened under the ESA, as well as those species for
which we have initiated an ESA status review that has been announced in
the Federal Register. Neither ``Candidate Species'' nor ``Species of
Concern'' designations carry any procedural or substantive protections
under the ESA, and thus, no federal measures that provide protection
for black abalone are currently in place.

National Marine Sanctuaries Program

Three coastal national marine sanctuaries in California contain
intertidal habitat suitable for black abalone: Channel Islands National
Marine Sanctuary (CINMS), Monterey Bay National Marine Sanctuary
(MBNMS), and Gulf of the Farallones National Marine Sanctuary (GFNMS).
These sanctuary sites, administered by the National Oceanic and
Atmospheric Administration, are protected by federal regulations
pursuant to the National Marine Sanctuaries Act of 1972 as amended (16
U.S.C. 1431 et seq.). The regulations, which are similar at all three
sites, provide protection against some of the threats to black abalone.
At all three sanctuaries, the inshore boundary extends to the mean high
water line, thus encompassing intertidal habitat.
Direct disturbance to or development of black abalone intertidal
habitat is regulated at all three national marine sanctuaries by way of
a prohibition on the alteration of, construction upon, drilling into,
or dredging of the seabed (including the intertidal zone), with
exceptions for anchoring, installing navigation aids, special dredge
disposal sites (MBNMS only), harbor-related maintenance, and bottom
tending fishing gear in areas not otherwise restricted.
Water quality impacts to black abalone habitat are regulated by
strict discharge regulations at all three national marine sanctuaries.
Essentially, regulations provide that no discharge or deposit of
pollutants is allowed within these sanctuaries, except for effluents
required for normal boating operations (e.g., vessel cooling waters,
effluents from marine sanitation devices, fish wastes and bait).
Although these national marine sanctuaries do not regulate the take
of black abalone, networks of marine reserves and marine conservation
areas have been established by the CDFG within the CINMS and along
portions of the MBNMS. Within these areas, especially within CINMS
where the protected areas have been in place since 2003 and are within
the Channel Islands National Park, multi-agency patrols provide
elevated levels of enforcement presence and increase protection against
poaching of black abalone.
Full texts of the current CINMS, MBNMS and GFNMS regulations
discussed above can be found at 15 Code of Federal Regulations (CFR),
parts 922.71, 922.132, and 922.91, respectively. However, all of these
sanctuary sites are currently undergoing management plan review
processes, which include reviews of and updates to the regulations.
Although the regulations may be modified, the level of protection
provided to black abalone is not expected to decrease from that
described above, and possibly may increase should proposed prohibitions
be adopted for the release of introduced species, and should stricter
regulations be adopted regarding large vessel discharges.
In summary, while the Sanctuary regulations provide protection
against some of the threats to black abalone and this level of
protection may increase if new management plans are adopted, these
regulations are unlikely to stop the progression of withering syndrome
in the near future. At best, they may help slow down the rate at which
the disease is progressing.

State/Local Programs

The depleted condition of abalone resources prompted the California
Fish and Game Commission to eventually close all abalone fisheries
south of San Francisco by 1997, beginning with the black abalone
fishery in 1993. The southern abalone fishery was closed indefinitely
with the passage of the Thompson bill (AB 663) in 1997. This bill
created a moratorium on taking, possessing, or landing abalone for
commercial or recreational purposes in ocean waters south of San
Francisco, including all offshore islands. The Thompson bill also
mandated the creation of an Abalone Recovery and Management Plan (ARMP)
which was finalized in December 2005. The bill further required the
Fish and Game Commission to undertake abalone management in a manner
consistent with the ARMP.
The CDFG's ARMP provides a cohesive framework for the recovery of
depleted abalone populations in southern California, and for the
management of the northern California fishery and future fisheries. All
of California's abalone species are included in this plan: red, green,
pink, white (Haliotis sorenseni Bartsch, 1940), pinto (H. kamtschatkana
Jonas, 1845, including H.k. assimilis), black, and flat abalone (H.
walallensis Stearns, 1899). The plan also refers to a state aquaculture
facility monitoring program that aims to ensure that aquaculture
facilities in California will not facilitate transmission of disease
and/or invasive/exotic species within or outside the State.
Abalone in California vary in status from populations bordering on
extinction (white abalone) to a sustainable population with a margin of
harvestable animals that is still being fished (northern California red
abalone). Recovery of at-risk abalone species and management of abalone
fisheries are separate but continuous and complementary processes in
the ARMP. The recovery portion of the plan addresses all abalone
species that are

[[Page 1997]]

subject to the fishing moratorium. The management portion of the plan
applies to populations considered sustainable and fishable, such as the
current northern California red abalone fishery. The ultimate goal of
recovery is to move species from a perilous condition to a sustainable
one with a margin of abalone available for fishing. The ultimate goal
of management is to maintain sustainable fisheries under a long-term
management plan that can be adapted quickly to respond to environmental
or population changes.
The ARMP provides a mechanism for helping to slow the progression
of disease and invasive/exotic species through better monitoring of
aquaculture facilities, however, this effort may only make a relatively
small difference to the threat that disease poses given that spread of
withering syndrome is due largely to factors other than aquaculture
operations. The ARMP also provides a framework for restoring black
abalone populations through translocation and captive propagation and
enhancement programs; however, detailed plans and methodologies have
neither been drafted nor tested and therefore their effectiveness for
conserving black abalone remains uncertain.

International Programs

The World Conservation Union (IUCN) publishes a Red List of species
that are at high risk of extinction and, when data are sufficient,
categorizes species as either Extinct (EX), Extinct in the Wild (EW),
Critically Endangered (CR), Endangered (EN), Vulnerable (VU), Near
Threatened (NT), or of Least Concern (LC) (IUCN, 2001). In 2003 the
IUCN, based on an assessment by Smith et al. (2003), placed black
abalone on the Red List as Critically Endangered under criterion A4e.
Under criterion A4, a species may be classified as Critically
Endangered, Endangered, or Vulnerable when its population size,
measured over the longer of 10 years or three generations, has declined
greater than or equal to 80, 50, or 30 percent respectively, due to an
``observed, estimated, inferred, projected or suspected population
reduction (up to a maximum of 100 years) where the time period must
include both the past and the future, and where the causes of reduction
may not have ceased or may not be understood or may not be reversible,
based on direct observation, an index of abundance appropriate to the
taxon, a decline in area of occupancy, extent of occurrence and/or
quality of habitat, actual or potential levels of exploitation, or the
effects of introduced taxa, hybridization, pathogens, pollutants,
competitors or parasites'' (IUCN, 2006, p. 10). Inclusion on the IUCN
Red List does not necessarily convey any regulatory protection for
black abalone.

Proposed Determinations

Section 4(b)(1) of the ESA requires that the listing determination
be based solely on the best scientific and commercial data available,
after conducting a review of the status of the species and after taking
into account those efforts, if any, being made by any state or foreign
nation to protect and conserve the species. We have reviewed the
petition, the draft status report, and other available published and
unpublished information, and have consulted with species experts and
other individuals familiar with black abalone. On the basis of the best
available scientific and commercial information, we conclude that black
abalone is presently in danger of extinction throughout all of its
range and should be added to the list of federally endangered species.
The major risks that black abalone face include: (1) the spread of a
disease called withering syndrome; (2) low adult densities below the
critical threshold density required for successful spawning and
recruitment; (3) suboptimal water temperatures that have accelerated
the spread of withering syndrome; (4) reduced genetic diversity that
will render extant populations less capable of dealing with both long-
and short-term environmental or anthropogenic challenges; and (5)
illegal harvest of black abalone. The principal threat to black abalone
is withering syndrome, which has caused mass mortality and near
extirpation of populations in the recent past and threatens extant
populations. The spread of withering syndrome threatens the species
with a very high probability (96 percent) of extinction within the next
30 years. This threat is unlikely to be ameliorated by current
conservation efforts.

Service Policies on Endangered and Threatened Fish and Wildlife

On July 1, 1994, NMFS and FWS published a series of policies
regarding listings under the ESA, including a policy for peer review of
scientific data (59 FR 34270) and a policy to identify, to the maximum
extent possible, those activities that would or would not constitute a
violation of section 9 of the ESA (59 FR 34272).

Role of Peer Review

The intent of the 1994 peer review policy is to ensure that
listings are based on the best scientific and commercial data
available. Prior to a final listing, we will solicit the expert
opinions of at least three qualified specialists, concurrent with the
public comment period. Independent specialists will be selected from
the academic and scientific community, Federal and state agencies, and
the private sector.
In December 2004, the Office of Management and Budget (OMB) issued
a Final Information Quality Bulletin for Peer Review establishing
minimum peer review standards, a transparent process for public
disclosure of peer review planning, and opportunities for public
participation. The OMB Bulletin, implemented under the Information
Quality Act (Public Law 106-554), is intended to enhance the quality
and credibility of the Federal Government's scientific information, and
applies to influential or highly influential scientific information
disseminated on or after June 16, 2005. To satisfy our requirements
under the OMB Bulletin, we are obtaining independent peer review of the
draft status review report, which supports this proposal to list black
abalone as endangered; all peer reviewer comments will be addressed
prior to dissemination of the final report and publication of the final
rule.

Identification of Activities That Would Constitute a Violation of
Section 9 of the ESA

The intent of the policy requiring us to identify, to the maximum
extent practicable at the time a species is listed, those activities
that would or would not constitute a violation of section 9 of the ESA,
is to increase public awareness of the effect of listings on proposed
and ongoing activities within the species' range.
Section 9 of the ESA prohibits certain activities (e.g.,
importation, exportation, take, sale, and delivery) that directly or
indirectly affect endangered species. These prohibitions apply to all
individuals, organizations, and agencies subject to U.S. jurisdiction.
Section 7(a)(2) of the ESA requires Federal agencies to consult with
NMFS to ensure that activities they authorize, fund, or carry out are
not likely to jeopardize the continued existence of a listed species or
to destroy or adversely modify critical habitat. Under Section 7(a)(4),
Federal agencies must confer with us on any of these activities to
ensure that any such activity is not likely to jeopardize the continued
existence of a species proposed for listing or destroy or adversely
modify proposed critical habitat. Examples of Federal actions that may
affect black abalone include permits and authorizations relating to
coastal

[[Page 1998]]

development and habitat alteration, oil and gas development, military
operations, coastal power plant operations, toxic waste and other
pollutant discharges, and aquaculture operations. Sections 10(a)(1)(A)
and (B) of the ESA authorize NMFS to grant exceptions to the ESA's
Section 9 take prohibitions. Section 10(a)(1)(A) scientific research
and enhancement permits may be issued to entities (Federal and non-
federal) for scientific purposes or to enhance the propagation or
survival of a listed species. Activities potentially requiring a
section 10(a)(1)(A) research/enhancement permit if black abalone are
listed include scientific research that targets black abalone. Under
section 10(a)(1)(B), the Secretary may permit takings otherwise
prohibited by section 9(a)(1)(B) if such taking is incidental to, and
not the purpose of, the carrying out of an otherwise lawful activity,
provided that the requirements of section 10(a)(2) are met.
Critical Habitat
Critical habitat is defined in section 3 of the ESA as: (i) the
specific areas within the geographical area occupied by the species, at
the time it is listed in accordance with the ESA, on which are found
those physical or biological features (I) essential to the conservation
of the species and (II) which may require special management
considerations or protection; and (ii) specific areas outside the
geographical area occupied by the species at the time it is listed upon
a determination that such areas are essential for the conservation of
the species (16 U.S.C. 1532(5)(A)). ``Conservation'' means the use of
all methods and procedures needed to bring the species to the point at
which listing under the ESA is no longer necessary (16 U.S.C. 1532(3)).
Section 4(a)(3)(A) of the ESA requires that, to the maximum extent
prudent and determinable, critical habitat be designated concurrently
with the listing of a species (16 U.S.C. 1533(a)(3)(A)(i)).
Designations of critical habitat must be based on the best scientific
data available and must take into consideration the economic, national
security, and other relevant impacts of specifying any particular area
as critical habitat. Once critical habitat is designated, section 7 of
the ESA requires Federal agencies to ensure that they do not fund,
authorize or carry out any actions that are likely to destroy or
adversely modify that habitat. This requirement is in addition to the
section 7 requirement that Federal agencies ensure that their actions
do not jeopardize the continued existence of listed species. We are
currently considering a proposal to designate critical habitat for
black abalone, but at this time a designation is not determinable
because: (1) we currently lack information sufficient to perform
required analyses of the impacts of the designation; and (2) the
biological needs of the species are not sufficiently well known to
permit identification of an area as critical habitat. Thus, we are
seeking public input to assist in gathering and analyzing the best
available scientific data and other information to support a critical
habitat designation, which will be proposed in a subsequent Federal
Register notice. We will continue to meet with co-managers and other
stakeholders to review this information and the overall designation
process.
Joint NMFS/FWS regulations for listing endangered and threatened
species and designating critical habitat at section 50 CFR 424.12(b)
state that the agency ``shall consider those physical and biological
features that are essential to the conservation of a given species and
that may require special management considerations or protection''
(hereafter also referred to as ``essential features''). Pursuant to the
regulations, such requirements include, but are not limited to the
following: (1) space for individual and population growth, and for
normal behavior; (2) food, water, air, light, minerals, or other
nutritional or physiological requirements; (3) cover or shelter; (4)
sites for breeding, reproduction, rearing of offspring, germination, or
seed dispersal; and generally; (5) habitats that are protected from
disturbance or are representative of the historic geographical and
ecological distributions of a species. These regulations emphasize that
the agency shall focus on essential features within the specific areas
considered for designation. These features ``may include, but are not
limited to, the following: spawning sites, feeding sites, seasonal
wetland or dryland, water quality or quantity, geological formation,
vegetation type, tide, and specific soil types.''

Public Comments Solicited

We have exercised our best professional judgment in developing this
proposal to list black abalone. To ensure that the final action
resulting from this proposal will be as accurate and effective as
possible, we are soliciting comments and suggestions from the public,
other governmental agencies, the scientific community, industry, and
any other interested parties (See DATES and ADDRESSES). Specifically,
we are interested in information regarding: (1) status of black abalone
populations in the northern part of the range (north of Monterey
County) and in Baja California, Mexico; (2) current or planned
activities within the range of black abalone and their possible impact
on the species; and (3) efforts being made to protect black abalone.
We are also requesting quantitative evaluations describing the
quality and extent of marine habitats for juvenile and adult black
abalone as well as information on areas that may qualify as critical
habitat for black abalone in California. Areas that include the
physical and biological features essential to the recovery of the
species should be identified. We recognize that there are areas within
the proposed boundaries of black abalone that historically contained
black abalone habitat, but may not be currently occupied by black
abalone. For areas potentially qualifying as critical habitat, we are
requesting information describing: (1) the activities that affect the
area or could be affected by the designation; and (2) the economic
costs and benefits of additional requirements or management measures
likely to result from the designation. The economic cost to be
considered in the critical habitat designation under the ESA is the
probable economic impact ``of the [critical habitat] designation upon
proposed or ongoing activities'' (50 CFR 424.19). Economic effects
attributable to listing include actions resulting from section 7
consultations under the ESA to avoid jeopardy to the species and from
the take prohibitions under section 9 of the ESA. Where possible,
comments concerning economic impacts should distinguish the costs of
listing from the incremental costs that can be directly attributed to
the designation of specific areas as critical habitat.
We will review all public comments and any additional information
regarding the status of, and critical habitat for, black abalone in
developing a final listing determination and a proposed critical
habitat designation.

Public Hearings

If requested by the public by February 25, 2008, hearings will be
held in several locations within the range of black abalone. If
hearings are requested, details regarding locations, dates, and times
will be published in a forthcoming Federal Register notice.

References

A complete list of all references cited herein is available upon
request (see ADDRESSES section).

[[Page 1999]]

Classification

National Environmental Policy Act

The 1982 amendments to the ESA, in section 4(b)(1)(A), restrict the
information that may be considered when assessing species for listing.
Based on this limitation of criteria for a listing decision and the
opinion in Pacific Legal Foundation v. Andrus, 675 F. 2d 825 (6th Cir.
1981), NMFS has concluded that ESA listing actions are not subject to
the environmental assessment requirements of the National Environmental
Policy Act (NEPA). (See NOAA Administrative Order 216-6.)

Executive Order 12866, Regulatory Flexibility Act and Paperwork
Reduction Act

As noted in the Conference Report on the 1982 amendments to the
ESA, economic impacts cannot be considered when assessing the status of
a species. Therefore, the economic analysis requirements of the
Regulatory Flexibility Act are not applicable to the listing process.
In addition, this proposed rule is exempt from review under Executive
Order 12866. This proposed rule does not contain a collection-of-
information requirement for the purposes of the Paperwork Reduction
Act.

Federalism

In keeping with the intent of the Administration and Congress to
provide continuing and meaningful dialogue on issues of mutual state
and Federal interest, this proposed rule will be given to the relevant
state agencies in each state in which the species is believed to occur,
who will be invited to comment. NMFS has conferred with the State of
California in the course of assessing the status of black abalone and
considered, among other things, Federal, state and local conservation
measures. As the process continues, we intend to continue engaging in
informal and formal contacts with the States, and other affected local
or regional entities, giving careful consideration to all written and
oral comments received.

List of Subjects in 50 CFR Part 224

Endangered and threatened species, Exports, Imports,
Transportation.

Dated: January 4, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 224 is
proposed to be amended as follows:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

1. The authority citation of part 224 continues to read as follows:

Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.
2. In Sec. 224.101, paragraph (d) is revised to read as follows:

Sec. 224.101 Enumeration of endangered marine and anadromous species.

* * * * *
(d) Marine invertebrates. The following table lists the common and
scientific names of endangered species, the locations where they are
listed, and the citations for the listings and critical habitat
designations.

--------------------------------------------------------------------------------------------------------------------------------------------------------
Species\1\ Citations (s) for
-------------------------------------------------------------------- Where Listed Citation (s) for Listing Critical Habitat
Common name Scientific name Determinations Designations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Black abalone Haliotis USA, CA. From Crescent City, [FR CITATION WHEN PUBLISHED AS N/A
cracherodii California, USA to Cape San A FINAL RULE]
Lucas, Baja California,
Mexico, including all offshore
islands.
White abalone Haliotis USA, CA. From Point NOAA 2001; 66 FR 29054, May, Deemed not prudent
sorenseni Conception, California to 29, 2001. NOAA 2001; 66 FR
Punta Abreojos, Baja 29054, May, 29,
California, Mexico including 2001.
all offshore islands and
banks.
--------------------------------------------------------------------------------------------------------------------------------------------------------

[FR Doc. E8-335 Filed 1-10-08; 8:45 am]

BILLING CODE 3510-22-S

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Endangered and Threatened Wildlife and Plants; Proposed Endangered Status for Black Abalone

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