Petition to List Queen Conch
Southeast Regional Office
Protected Resources Division
July 31, 2017
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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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)
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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 solely based 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.
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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.
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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.
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Petitions and the
ESA Listing Process
Step Three: 12-Month Determination (possible future step)
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Once the status review is completed we must publish a 12-month determination as
to whether or not listing is warranted.
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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.
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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
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Petitions and the
ESA Listing Process
Step Four: Proposed Rule (possible future step)
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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.
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A Proposed Rule would include a 60-day public comment period
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Public hearings may also be held to solicit public comment
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Petitions and the
ESA Listing Process
Step Five: Final Rule (possible future step)
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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.
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The rationale for listing and responses to public comments received must be
included in the Final Rule published in the Federal Register.
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Opportunities to Participate
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We can not consider information or comments from sources outside NOAA
Fisheries Service during the 90-day finding stage (current stage).
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If we 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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