Marine Resources Assessment for the Marianas Operating ... - SPREP

AUGUST 2005 FINAL REPORT
The Endangered Species Act (ESA) of 1973 (16 U.S.C. §§ 1531 et seq.) established protection over
and conservation of threatened and endangered species and the ecosystems upon which they
depend. An "endangered" species is a species that is in danger of extinction throughout all or a
significant portion of its range, while a "threatened" species is one that is likely to become
endangered within the foreseeable future throughout all or in a significant portion of its range. All
federal agencies are required to implement protection programs for threatened and endangered species
and to use their authority to further the purposes of the ESA. The NOAA Fisheries (National Marine
Fisheries Service [NMFS]) and U.S. Fish and Wildlife Service (USFWS) jointly administer the ESA
and are also responsible for the listing (i.e., the labeling of a species as either threatened or
endangered) of all "candidate" species. A "candidate" species is one that is the subject of either a
petition to list or status review, and for which the NMFS or USFWS has determined that listing may be
or is warranted (NMFS 2004). The NMFS is further charged with the listing of all "species of concern"
that fall under its jurisdiction. A "species of concern" is one about which the NMFS has some
concerns regarding status and threats, but for which insufficient information is available to indicate a
need to list the species under the ESA (NMFS 2004).
A species may be a candidate for listing as a threatened or endangered species due to any of the
following five factors: (1) current/imminent destruction, modification, or curtailment of its habitat or
range; (2) overuse of the species for commercial, recreational, scientific, or educational purposes; (3)
high levels of disease or predation; (4) inadequacy of existing regulatory mechanisms; or (5) other
natural or human-induced factors affecting its continued existence.
The major responsibilities of the USFWS and NMFS under the ESA include: (1) the identification of
threatened and endangered species; (2) the identification of critical habitats for these species; (3) the
implementation of research programs and recovery plans for these species; and (4) the consultation
with other federal agencies concerning measures to avoid, minimize, or mitigate the impacts of their
activities on these species (Section 7 of the ESA). Further duties of the USFWS and NMFS include
regulating “takes” of listed species on public or private land (Section 9) and granting incidental take
permits to agencies that may unintentionally “take” listed species during their activities (Section 10a).
The ESA allows the designation of geographic areas as critical habitat for threatened or endangered
species. The physical and biological features essential to the conservation of a threatened or
endangered species are included in the habitat designation. Designation of critical habitat affects only
federal agency actions and federally funded or permitted activities.
There are 32 species of marine mammals (29 cetaceans, 2 pinnipeds, and 1 sirenian), 5 species of
sea turtles, and a multitude of bird, fish, and invertebrate species with potential occurrence in the
Marianas MRA study area. Of these, 6 cetaceans, 1 pinniped, 1 sirenian, and 5 sea turtle species are
listed as either threatened or endangered (Table 1-1). For the marine mammals, the NMFS has
jurisdiction over cetaceans (e.g., whales, dolphins, and porpoises) while the USFWS has jurisdiction
over pinnipeds (e.g., seals and sea lions) and sirenians (e.g., manatees and dugongs). The NMFS
has jurisdiction over sea turtles while they are in the water and the USFWS has jurisdiction over sea
turtles on land (including eggs, hatchlings that are on the beach, and nesting females).
Fishes classified as species of concern in the MRA study area are the humphead wrasse (Cheilinus
undulatus) and the bumphead parrotfish (Bolbometopon muricatum). These species are discussed in
Chapter 4.0 under the “status” sections of the EFH designations.
The Fishery Conservation and Management Act (FCMA) of 1976 (16 U.S.C. §§ 1801 et seq.), later
renamed the Magnuson-Stevens Fishery Conservation and Management Act (MSFCMA),
established a 200 nautical miles (NM) fishery conservation zone in U.S. waters and a network of
regional Fishery Management Councils (FMCs). The FMCs are comprised of federal and state
officials, including the NMFS, which oversee fishing activities within the fishery management zone.
The act also establishes national standards (e.g., optimum yield, scientific information, allocations,
efficiency, and costs/benefits) for fishery conservation and management. In 1977, the multifaceted
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