Q. What is a 90-day finding?

A. Section 4 of the Endangered Species Act (ESA) requires that the U.S. Fish and Wildlife Service (FWS) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (NMFS) (the Services) make a finding on whether a petition to list, delist, or reclassify a species contains substantial information to support the requested action. That finding is to be made within 90 days, to the maximum extent practicable, after receipt of the petition and is to be published in the Federal Register. Findings are based on information contained in the petition, supporting information submitted with the petition, and other information available to the Service at the time.

Q. What is meant by substantial information?

A. When the Services evaluates a petition for substantiality, theyit considers the adequacy and reliability of the information supporting the action advocated by the petition. A “substantial” finding indicates the Services have has determined that adequate and reliable information has been presented that would lead a reasonable person to believe the petitioned action may be warranted.

Q. What kinds of information are considered reliable?

A. Among the most reliable and credible sources are papers published in peer-reviewed scientific literature. Information provided by individuals with demonstrated expertise in the relevant subject area is also generally considered reliable. Anecdotal information or information from sources without established records of subject matter experience and expertise must be strongly corroborated to be considered substantial. Potentially, even a publication based on peer-reviewed publications may be found not substantial if sufficient countervailing information is available.

Q. What is the Service’s’ finding regarding the petition to list the American eel?

A. The FWS in coordination with NMFS found that the petition provides sufficient information that listing may be warranted and will begin a status review of the species. This is the first step in the process to determine whether or not the American eel should receive protection under the ESA. For more information about the petition and listing process visit the FWS Web site at: http://www.fws.gov/endangered/listing/petition.pdf

Q. Does this 90-day finding constitute a final decision to list the American eel?

A. No. The 90-day finding is not a decision to list the American eel. This is the first step in the process to determine whether or not the American eel should be listed. The Services will now conduct a comprehensive range-wide status review of the American eel. The result of this review, known as a 12-month finding, should be completed by early 2006. During this process the Services will consider input submitted from the states, other Federal agencies, tribes, other countries, and the public.

Q. What information will be the Services use to make the 12-month finding?

A. During this status review, the Services will solicit all available information on the species’ status, trends, and threats. The 12-month finding will be based on all available data, including the additional information gathered during the public comment period.

Q. What are the possible outcomes of the 12-month finding?

A. Based on the status review, the Services jointly will decide if listing is warranted. If listing is not warranted, no further action will be taken. If listing is warranted, one of the Services will publish a proposal to list, solicit independent scientific peer review of the proposal, seek input from the public, and consider the input before both Services make a final decision about listing the species. Generally, there is a one-year period between the time a species is proposed and the final decision.

Q. How do the Services determine whether a species is endangered or threatened?

A. Under the ESA, the term “endangered species” means any species in danger of extinction throughout all or a significant portion of its range. The term “threatened species” means any species at risk of becoming an endangered species within the foreseeable future throughout all or a significant portion of its range.

Section 4(a)(1) of the ESA establishes that we determine whether a species is endangered or threatened based on one or more of the following five factors:

1. The present or threatened destruction, modification, or curtailment of its habitat or range;
2. Over utilization for commercial, recreational, scientific, or education purposes;
3. Disease or predation;
4. The inadequacy of existing regulatory mechanisms; or
5. Other natural or manmade factors affecting its continued existence.

The Services’ assessment of these factors is required under section 4(b)(1) of the ESA to be based on the best scientific and commercial data available.

Q. What is the American eel?

A. The only freshwater eel in the Western hemisphere, American eels begin their lives in the mid-Atlantic Sargasso Sea. About a year later, they migrate to freshwater rivers and lakes and coastal areas where they live for seven to 30 years. At maturity, eels return to the Sargasso Sea to spawn and die. For more information on eels, see http://www.fws.gov/northeast/AmEel/index.html.

Q. What is the range of the American eel?

A. American eel habitat extends from Greenland, south along the North American coast to Brazil and, in the United States, inland to the Great Lakes and the Mississippi drainage. Nursery habitat is the Sargasso Sea off of Bermuda, and dispersal routes include the full length of the Gulf stream and to some extent other currents.

Q. Why are we concerned about the American eel?

A. The American eel is an important resource from both a biodiversity and human use perspective. In all its life stages, eels serve as an important prey species for many fish (including striped bass), aquatic mammals, and fish-eating birds. Since the early 17th century, Native Americans have harvested eel for food and cultural sustenance. During the eel fishery’s peak in the mid-1970s commercial landings were 3.5 million pounds. Eels continue to support valuable commercial, recreational, and subsistence fisheries along the Atlantic coast, although fisheries are at a fraction of what they were historically. Today, commercial and recreational fisheries for American eel are seasonal, but the fisheries remain economically important by providing both direct and indirect employment. Such employment includes gear manufacturing, food processing, and shipping.

Eels worldwide are declining. Although the reason for the decline has not yet been identified, all life stages appear to be experiencing threats. The following are being investigated as possible causes: glass eel and elvers have been harvested in large numbers for Asian and European markets; significant upstream habitat has been lost due to dams; wetland habitat for juveniles has been lost or degraded; females en route to spawning grounds are lost during downstream migration when caught in hydropower turbines; and, oceanic changes may be changing patterns of larvae distribution. Additionally, other threats have been suggested, such as habitat degradation due to dredging; sargassum seaweed harvesting in the nursery habitat in the Sargasso Sea; alterations of stream flow providing inappropriate migration cues; a non-indigenous eel swimbladder nematode; and contaminants.

Subsistence fishing by Native Americans, recreational fishing, and scientific efforts do not appear to be threats.

Q. Will this finding impact commercial fishing for the American eel?

A. No.

Q. What is being done to conserve American eel?

A. The Atlantic States Marine Fisheries Commission requested that the Services’ conduct a status review of the eel due to the decline. This review will go forward regardless of the outcome of the ESA petition process. The Commission serves as a deliberative body, coordinating the conservation and management of the 15 Atlantic states shared near-shore fishery resources — marine, shell, and anadromous — for sustainable use. Member states are Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida. For more information go to: http://www.asmfc.org/.

Q. Where can I get more information on the American eel?

A. Information regarding the American eel and the 90-day finding is available on the FWS Web site at: http://www.fws.gov/northeast/ameel/index.html.

Q. How do I submit comments on the Services’ 90-day finding?

A. Anyone wishing to submit information regarding the American eel may do so by writing to AmericanEel@fws.gov or to:

Martin Miller
Chief, Endangered Species
Northeast Regional Office
U.S. Fish and Wildlife Service
300 Westgate Center Drive
Hadley, MA 01035

The FWS must receive comments by Sept. 4, 2005, 60 days from the date of the Federal Register publication of the petition finding.

Q: Two agencies were petitioned to list the American eel, why is the notice published solely by the FWS?

A: The American eel is among several aquatic species for which both agencies, U.S. Fish and Wildlife Service and National Oceanic and Atmospheric Administration’s National Marine Fisheries Service’s (NOAA Fisheries), have joint jurisdiction and for which a joint determination (concurrence from both Directors) is made on whether to add or remove from the lists of endangered or threatened species or change a listed species status from one category to the other. The U.S. Fish and Wildlife Service’s (FWS) Region 5 and NOAA Fisheries Northeast Region agreed to the establishment of an administrative lead process in January 2005 in order to streamline listing decisions for several joint jurisdictional fish species. The American eel, because it spends the majority of its time in estuarine or fresh water, is under the administrative lead of the USFWS.

Q: What does “administrative lead” mean?

A: The agency with administrative lead prepares, processes, and clears all documents associated with listing processes. The non-lead agency participates at all stages and provides comments on written documents.

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