1. November 7, 2013 Petition to List Queen Conch Southeast Regional Office Protected Resources Division

2. 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. 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 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.

4. 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. 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. 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. 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. 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. 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). -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