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Petition to List Queen Conch Southeast Regional Office Protected Resources Division

Petition to List Queen Conch Southeast Regional Office Protected Resources Division. Queen Conch ( Strombus gigas ). On March 2, 2012, we received a petition from WildEarth Guardians to list the queen conch as threatened or endangered under the Endangered Species Act (ESA). Photo: NOAA.

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Petition to List Queen Conch Southeast Regional Office Protected Resources Division

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  1. Petition to List Queen ConchSoutheast Regional OfficeProtected Resources Division

  2. Queen Conch (Strombus gigas) • On March 2, 2012, we received a petition from WildEarth Guardians to list the queen conch as threatened or endangered under the Endangered Species Act (ESA). Photo: NOAA

  3. Petitions and the ESA Listing Process • What are the Steps and Timelines for NOAA Fisheries Service Response to the Petition? • Step One: 90- Day Finding (current step) • The 90-day finding determines whether or not the petition presents substantial scientific or commercial information indicating that listing may be warranted. • The 90-day finding is solelybased upon the information included in the petition and in NOAA Fisheries Service files. • We DO NOT request information from other sources at this time. • The 90-day finding for the queen conch is expected in May 2012.

  4. Petitions and the ESA Listing Process • Step One: 90- Day Finding (continued) • If we find that the petition does not present substantial information, we will publish a negative 90-day finding in the Federal Register. • No more action is required. • If we find that the petition presents substantial information, we will publish a positive 90-day finding in the Federal Register. • A positive finding would include a 60-day public comment period. Public comments received will help support a Status Review. • - “Substantial information” is defined as “that amount of information that would lead a reasonable person to believe that the measure proposed in the petition may be warranted” and is a relatively low standard.

  5. Petitions and the ESA Listing Process • Step two: Status Review (possible future step) • A positive 90-day finding triggers a status review, which is conducted by NOAA Fisheries Service. • Status review teams are not exempt from the Federal Advisory Committee Act (FACA) and, therefore, generally do not include non-federal personnel. • A status review is a comprehensive assessment of a species’ biological status and its threats, and is the basis for making determinations as to whether or not a species warrants listing under the ESA. • Status reviews are based on the best available science, consider public input received at the 90-day finding stage, and are peer-reviewed.

  6. Petitions and the ESA Listing Process • Step Three: 12-Month Determination (possible future step) • Once the status review is completed we must publish a 12-month determination as to whether or not listing is warranted. • In the 12-month determination, we consider the information in the status review, existing conservation efforts, and ESA policies. • We are prohibited from taking anything else into consideration, such as social or economic impacts. • If we determine that the information on the species does not support the need to list, our determination will state that the petitioned action is not warranted. • No more action is required

  7. Petitions and the ESA Listing Process • Step Four: Proposed Rule (possible future step) • If we determine that the information on the species supports the need to list, we will publish a Proposed Rule in the Federal Register at the 12-month stage. • A Proposed Rule would include a 60-day public comment period • Public hearings may also be held to solicit public comment

  8. Petitions and the ESA Listing Process • Step Five: Final Rule (possible future step) • Within one year of completing the Proposed Rule, we must publish a final decision as to whether or not the species should be listed under the ESA. • The rationale for listing and responses to public comments received must be included in the Final Rule published in the Federal Register.

  9. Opportunities to Participate • We can not consider information or comments from sources outside NOAA Fisheries Service during the 90-day finding stage (current stage). • Ifwe make a positive 90-day finding –The Fisheries Management Councils and Scientific and Statistical Committees will have opportunities to participate and provide information. • Peer-reviewers (We seek at least three peer reviews on the status review document, and we ask for suggestions of appropriate peer reviewers when we make a positive 90-day finding) • Species information, management programs, etc. • - For more information or to track the status of the response to the queen conch petition, visit: http://sero.nmfs.noaa.gov/pr/ListingPetitions.htm

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