April 10, 2023

Petition to List Queen Conch

Southeast Regional OfficeProtected Resources Division

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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)- 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)

- 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

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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

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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.

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Opportunities to Participate

- We can not consider information or comments from sources outside NOAA Fisheries Service during the 90-day finding stage (current stage).

- 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