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Zones (FTZ) Board on behalf of PPC ADDRESSES: The status review document population segment of any species of Broadband, Inc., within Subzone 90C, in for the dusky shark is available vertebrate fish or wildlife which Dewitt, New York. electronically at: http://www.nmfs.noaa. interbreeds when mature.’’ On February The notification was processed in gov/pr/species/fish/duskyshark.htm. 7, 1996, NMFS and the U.S. Fish and accordance with the regulations of the You may also receive a copy by Wildlife Service (USFWS; together, the FTZ Board (15 CFR part 400) including submitting a request to the Office of Services) adopted a policy describing notice in the Federal Register inviting Protected Resources, NMFS, 1315 East- what constitutes a DPS of a taxonomic public comment (79 FR 51138, August West Highway, Silver Spring, MD species (the DPS Policy; 61 FR 4722). 27, 2014). The FTZ Board has 20910, Attention: Dusky Shark 12- The DPS policy identified two elements determined that no further review of the month Finding. that must be considered when activity is warranted at this time. The FOR FURTHER INFORMATION CONTACT: identifying a DPS: (1) The discreteness production activity described in the Maggie Miller, NMFS, Office of of the population segment in relation to notification is authorized, subject to the Protected Resources, (301) 427–8403. the remainder of the species (or FTZ Act and the Board’s regulations, subspecies) to which it belongs; and (2) SUPPLEMENTARY INFORMATION: including Section 400.14. the significance of the population Dated: December 10, 2014. Background segment to the remainder of the species (or subspecies) to which it belongs. Andrew McGilvray, On November 14, 2012, we received Section 3 of the ESA defines an Executive Secretary. a petition from WildEarth Guardians endangered species as ‘‘any species [FR Doc. 2014–29383 Filed 12–15–14; 8:45 am] (WEG) to list the dusky shark which is in danger of extinction BILLING CODE 3510–DS–P (Carcharhinus obscurus) as threatened throughout all or a significant portion of or endangered under the ESA its range’’ and a threatened species as throughout its entire range, or, as an one ‘‘which is likely to become an DEPARTMENT OF COMMERCE alternative, to list the Northwest endangered species within the Atlantic/Gulf of Mexico DPS as foreseeable future throughout all or a National Oceanic and Atmospheric threatened or endangered. The Administration significant portion of its range.’’ We petitioners also requested that critical interpret an ‘‘endangered species’’ to be [Docket No. 130214141–4999–02] habitat be designated for the dusky one that is presently in danger of shark under the ESA. On February 1, RIN 0648–XC515 extinction. A ‘‘threatened species,’’ on 2013, we received a second petition the other hand, is not presently in from Natural Resources Defense Council Endangered and Threatened Wildlife danger of extinction, but is likely to (NRDC) to list the Northwest Atlantic and Plants; Notice of 12-Month Finding become so in the foreseeable future. In DPS of dusky shark as threatened, or, as on Petitions To List the Northwest other words, the primary statutory an alternative, to list the dusky shark Atlantic Population of the Dusky Shark difference between a threatened and range-wide as threatened, and a request as Threatened or Endangered Under endangered species is the timing of that critical habitat be designated. On the Endangered Species Act (ESA) when a species may be in danger of May 17, 2013, we published a positive extinction, either presently AGENCY: National Marine Fisheries 90-day finding (78 FR 29100) (endangered) or in the foreseeable future Service (NMFS), National Oceanic and announcing that the petitions presented (threatened). In addition, we interpret Atmospheric Administration (NOAA), substantial scientific or commercial ‘‘foreseeable future’’ as the horizon over Commerce. information indicating the petitioned which predictions about the ACTION: Notice of 12-month finding and action of listing may be warranted for conservation status of the species can be availability of status review report. the NWA population of dusky shark, but reasonably relied upon. not for the species range-wide, and Section 4(a)(1) of the ESA requires us SUMMARY: We, NMFS, announce a 12- explained the basis for that finding. We to determine whether any species is month finding on two petitions to list also announced the initiation of a status endangered or threatened due to any the Northwest Atlantic and Gulf of review of the NWA population of dusky one or a combination of the following Mexico population of dusky shark shark, as required by section 4(b)(3)(a) five threat factors: The present or (Carcharhinus obscurus) as a threatened of the ESA, and requested information threatened destruction, modification, or or endangered distinct population to inform the agency’s decision on curtailment of its habitat or range; segment (DPS) under the Endangered whether the species warranted listing as overutilization for commercial, Species Act (ESA). We completed a endangered or threatened under the recreational, scientific, or educational comprehensive status review of the ESA. purposes; disease or predation; the dusky shark in response to these inadequacy of existing regulatory Listing Species Under the Endangered petitions. Based on the best scientific mechanisms; or other natural or Species Act and commercial information available, manmade factors affecting its continued including the status review report We are responsible for determining existence. We are also required to make (McCandless et al., 2014), we have whether species are threatened or listing determinations based solely on determined that the Northwest Atlantic endangered under the ESA (16 U.S.C. the best scientific and commercial data and Gulf of Mexico (henceforth 1531 et seq.). To make this available, after conducting a review of abbreviated as NWA) population determination, we consider first the species’ status and after taking into constitutes a DPS but does not warrant whether a group of organisms account efforts being made by any state listing at this time. We conclude that the constitutes a ‘‘species’’ under section 3 or foreign nation to protect the species. NWA DPS is not currently in danger of of the ESA, and then whether the status If we determine that a petitioned extinction throughout all or a significant of the species qualifies it for listing as species meets the ESA definition of a portion of its range and is not likely to either threatened or endangered. Section ‘‘species’’ and warrants listing as become so within the foreseeable future. 3 of the ESA defines a ‘‘species’’ to threatened or endangered, we publish a DATES: This finding was made on include ‘‘any subspecies of fish or proposed rule in the Federal Register December 17, 2014. wildlife or plants, and any distinct and seek public comment on the

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proposed listing. To determine if a the NWA dusky shark, focusing the largest order of sharks, species warrants listing as threatened or primarily on the impacts of threats to Carcharhiniformes, also known as endangered, first we determine if it is the status of the species related to the ground sharks. Dusky sharks, like many threatened or endangered throughout its five statutory factors set forth above. requiem sharks, appear gray or bluish- entire range. If it is not, then we need In assessing extinction risk, the SRT gray in color dorsally and white to consider whether it may qualify as considered the demographic viability ventrally. The sharks within the genus threatened or endangered in a factors developed by McElhany et al. Carcharhinus also have an internal significant portion of its range per the (2000) and the risk matrix approach nictitating eyelid, lack a spiracle, have Significant Portion of its Range Policy developed by Wainwright and Kope a second dorsal fin that is less than half (79 FR 37577; July 1, 2014). This policy (1999) to organize and summarize the height of the first, have well- clarifies the Services’ interpretation of extinction risk considerations. The developed pre-caudal pits, and a the phrase ‘‘significant portion of its status review report presents the SRT’s heterocercal caudal fin (Castro, 2011). range’’ (SPR) in the definitions of professional judgment of the extinction Range and Distribution ‘‘threatened species’’ and ‘‘endangered risk facing the NWA dusky shark but species.’’ Under the policy, if we find makes no recommendation as to the Dusky sharks are coastal-pelagic that a species is threatened or listing status of the species. The status sharks inhabiting temperate and tropical endangered only in an SPR, individuals review report is available electronically waters worldwide ranging from the surf of the entire ESA species are listed at http://www.nmfs.noaa.gov/pr/ zone, across continental and insular wherever found. Under the SPR policy, species/fish/duskyshark.htm. shelves, and adjacent oceanic waters the word ‘‘range’’ is defined as the range The status review report was from the surface down to 400 meters (m) occupied by the species at the time the subjected to independent peer review as depth (Compagno, 1984). In the NWA, Services make a listing determination required by the Office of Management dusky sharks range from off Cape Cod, under section 4 of the ESA. A portion and Budget Final Information Quality Massachusetts and Georges Bank south of a species’ range is defined as Bulletin for Peer Review (M–05–03; to Florida, and also occur within the ‘‘significant’’ if: ‘‘the species is not December 16, 2004). It was peer Gulf of Mexico and Caribbean Sea currently endangered or threatened reviewed by three independent (Kohler et al., 1998; Kohler and Turner, throughout all of its range, but the specialists selected from the academic 2010). This species does not use waters portion’s contribution to the viability of and scientific community, with with reduced salinities and rarely enters the species is so important that, without expertise in shark biology, conservation estuarine environments (Compagno, the members in that portion, the species and management, stock assessment 1984; Musick et al., 1993). During the would be in danger of extinction, or science, and knowledge of dusky sharks. summer months, small juveniles use likely to become so in the foreseeable The peer reviewers were asked to nearshore coastal waters as nursery future, throughout all of its range.’’ evaluate the adequacy, appropriateness, habitat in the NWA from off New Jersey Finally, if the species is threatened or and application of data used in the to South Carolina (Castro, 1993; endangered in an SPR, and the status review report as well to evaluate McCandless et al., 2007; NMFS, population in that significant portion is the methods to assess extinction risk unpublished data). a valid DPS, we will list the DPS rather and the conclusions of the report. All Movement and Habitat Use than the entire taxonomic species or peer reviewer comments were addressed subspecies. The dusky shark is a highly migratory prior to dissemination of the final status species that begins moving north during Status Review review report and publication of this the spring and returns south during the determination. fall months, often traveling the full We convened a team of agency We subsequently reviewed the status scientists to conduct the status review extent of its range during these seasonal review report, its cited references, and migrations (Compagno, 1984; Musick for the NWA dusky shark and prepare peer review comments, and believe the a report. The status review team (SRT) and Colvocoresses, 1986; Kohler et al., status review report, upon which this was comprised of two research fishery 1998, Kohler and Turner, 2010). Mark/ listing determination is based, provides biologists from NMFS’ Northeast and recapture data from the NMFS the best available scientific and Southeast Fisheries Science Centers, a Cooperative Shark Tagging Program commercial information on the NWA research mathematical statistician from between 1963 and 2013 show a dusky shark. Much of the information the Alaska Fisheries Science Center, a maximum straight-line distance traveled discussed below on dusky shark fishery management specialist from of 2,052 nautical miles (nm; 3,800 biology, distribution, abundance, NMFS’ Highly Migratory Species kilometers (km)), with a mean distance threats, and extinction risk is Management Division, and two fishery traveled of 572 nm (1,059 km) for dusky attributable to the status review report. biologists from NMFS’ Greater Atlantic sharks tagged in the NWA (number Regional Fisheries Office and the Office However, in making the listing tagged = 8,776 sharks; recaptures = 181 of Protected Resources. The SRT had determination, we have independently sharks; Kohler and Turner, 2010; NMFS, group expertise in dusky shark biology applied the statutory provisions of the unpublished data). Movements between and ecology, population dynamics, ESA, including evaluation of the factors the U.S. Atlantic and Gulf of Mexico highly migratory species management, set forth in section 4(a)(1)(A)–(E); our (GOM), as well as between the U.S. and stock assessment science. regulations regarding listing GOM and Mexican Gulf waters were The status review report of the NWA determinations; our DPS policy; and our common, but there were no recaptures dusky shark (McCandless et al., 2014) SPR Policy. in the southwest Atlantic, and only one compiles the best available information Life History, Ecology, and Abundance recapture off Central America (Barra de on the status of the NWA dusky shark of the Petitioned Species Colorado, Costa Rica) in the Caribbean as required by the ESA, provides an Sea (Kohler and Turner, 2010; NMFS, evaluation of the discreteness and Species Description unpublished data). Satellite tagging data significance of the NWA population in The dusky shark is classified as a from an aggregation site in the north terms of the DPS policy, and assesses requiem shark within the family central GOM during the summer months the current and future extinction risk for Carcharhinidae. This family falls under revealed dusky shark movements in

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excess of 200 km (108 nm, Hoffmayer et Genetics reliability of fishery stock assessments al., 2014). These sharks primarily used Genetic data can be used to provide in the South Atlantic, GOM, and offshore GOM waters associated with information on a species’ range as well Caribbean. Results from this SEDAR the continental shelf edge, spending 87 as stock structure. Global stock assessment base model indicated percent of their time in waters between phylogeographic studies of the dusky that NWA dusky shark abundance had 20 and 125 m depth and 23 °C and 30 declined 74 percent from virgin ° shark using maternally inherited C (Hoffmayer et al., 2014). Carlson and mitochondrial DNA and nuclear (unexploited) levels by 2004, but was Gulak (2012) also tracked three dusky microsatellite DNA analyses detected gradually increasing throughout the sharks off the U.S. Atlantic coast with significant differentiation between remainder of the time series modeled pop up satellite tags and found that dusky sharks from the NWA and Indo- through 2009 (NMFS, 2011a). The only these sharks spent the majority of their Pacific regions, with waters off South two fishery-independent surveys that time in water depths between 0 and 40 America serving as a possible historical were used in this model, the Northeast meters with dives down to depths of connection between these populations Fisheries Science Center Coastal Shark 400 m. These sharks spent nearly 60 (Benavides et al., 2011; Gray et al., Bottom Longline Survey (NELL) and the percent of their time in water 2012). Despite the history of severe Virginia Institute of Marine Science temperatures between 20 °C to 24 °C. population declines in the NWA, dusky Shark Longline Survey (VIMS LL), were The dusky sharks generally traveled sharks from all regions showed recently updated with data from 2010 to about 10 km per day. Two of the sharks remarkably similar allelic richness and 2012 (for NELL) and to 2013 (for VIMS were tagged near Key Largo, FL with gene diversity (Gray et al., 2012). LL) using the same methodology (delta- one shark tagged in January traveling The low nucleotide diversity for the north to the North Carolina/Virginia lognormal generalized linear mixed dusky shark and the existence of a border by June and the other tagged in modelling) as was conducted for the morphologically and genetically similar March heading south towards Cuba two SEDAR stock assessment (NMFS, 2011a; weeks later (Carlson and Gulak, 2012). species (Galapagos shark, Carcharhinus McCandless et al., 2014). With these galapagensis) indicates the dusky shark updates, the surveys show that the Diet is recently derived on an evolutionary NWA relative abundance trends (based The dusky shark is an apex predator timescale (Naylor, 1992; Musick et al., on numbers) have continued to increase. 2004; Benevides et al., 2011). An with a high trophic level and diverse In addition, analysis of the University ongoing genetic study using diet including bony fishes, cephalopods, of North Carolina Shark Longline mitochondrial DNA sequencing found elasmobranchs, decapod crustaceans, Survey (UNC LL) data, another fishery- that specimens identified as Galapagos mollusks, and occasionally marine independent time series that is still sharks from oceanic islands in the NWA mammals (Corte´s, 1999). Juveniles being conducted, also shows an are indistinguishable from specimens primarily consume pelagic bony fishes increasing trend in abundance in recent identified as dusky sharks collected off and cephalopods with an increase in the years (McCandless et al., 2014). the U.S. east coast from New Jersey to consumption of elasmobranch prey as Although NWA dusky sharks are only Florida (Gavin Naylor, College of their body size increases (Gelsleichter et second to the blacknose shark Charleston, personal communication, al., 1999; Simpfendorfer et al., 2001). (Carcharhinus acronotus) in terms of Stable isotope analysis has also shown 2014). These findings could possibly be attributed to an ancient hybridization numbers caught in the UNC LL survey, a shift to shelf edge foraging in large dusky sharks are transient in the dusky sharks (Hussey et al., 2011). event where there was a directional transfer of mitochondrial DNA genes, sampled area and could easily be Reproduction and Growth which are maternally inherited, from missed by the two fixed sampling The dusky shark is a placental, one species to another. Alternatively, stations. Because of these limitations, viviparous species, giving birth to they could represent two forms of the the UNC LL time series was between 2 and 16 pups per litter same species, an offshore and an recommended for use only in the (Compagno, 1984; Romine, 2009; Castro, inshore form. However, at this time, the sensitivity model runs for the SEDAR 2011) with an average litter size of 7.13 evolutionary genetic relationship stock assessment to examine uncertainty pups for NWA dusky sharks (Romine, between the NWA dusky shark and in data inputs and model configuration 2009). Size-at-birth for dusky sharks Galapagos shark remains unresolved. (NMFS, 2011a). Analysis of data from ranges from 85 to 100 centimeter (cm) Work continues on this using a wider this time series through 2009, included fork length (FL, Castro, 1983; global sampling scheme and multiple in the sensitivity model runs, revealed Compagno, 1984). Available data on nuclear markers, which reflects the a declining trend in abundance for reproduction suggests a 3-year genetics of both parents, to address the dusky sharks from the mid-1970s to the reproductive cycle (Castro, 2009; possibility that the observed pattern mid-1990s, with abundance appearing Romine, 2009) with a gestation period of might be the consequence of an ancient to stabilize at low levels into the 2000s 18 months (Castro, 2009). Female and hybridization event. Whether or not (Schwartz et al. 2010; NMFS, 2011a). male size at maturity in the NWA is 235 these two species have the ability to However, the addition of recent data and 231 cm FL (17.6 and 17.4 years of interbreed (e.g., if the timing and from 2010 to 2012 in the analysis has age), respectively (Natanson et al., 1995; location of opposite sexes ever co-occur since given the model more information Natanson et al., 2013). Maximum during mating season), or if they would to determine a trend in recent years, and validated age estimates are between 38 produce viable offspring is unknown. has, in fact, revealed an increasing trend and 42 years, confirming longevity to at in dusky shark abundance that began least 42 years of age (Natanson et al., Abundance Trends around 2006 (McCandless et al., 2014). 2013). Logistic growth parameters In 2011, the NWA dusky shark was In other words, with the data updates to derived from validated vertebral length- assessed through the Southeast Data, all three of the above fishery- at-age data are L ∞ = 261.5 cm FL, Lo = Assessment, and Review (SEDAR) independent surveys, it appears that the 85.5 cm FL, to = 4.89 years and g = 0.15 process, which is a cooperative Fishery NWA dusky shark abundance has been year¥1 for the sexes combined Management Council process initiated on a positive trajectory for almost the (Natanson et al., 2013). in 2002 to improve the quality and past decade.

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Species Finding from Brazil is intermediate to the NWA In conclusion, we agree with the SRT Based on the best available scientific and Indo-Pacific haplotype clusters, that the best available information and commercial information described indicating this region may have indicates that the NWA population above, we determined that Carcharinus provided a historical connection segment of dusky shark qualifies as a obscurus is a taxonomically-distinct between the NWA and Indo-Pacific DPS under our DPS policy. regions (Benavides et al., 2011). species and, therefore, meets the Summary of Factors Affecting the NWA However, there was no evidence of definition of ‘‘species’’ pursuant to DPS of Dusky Sharks section 3 of the ESA. As noted above, genetic differentiation between dusky sharks from waters off the U.S. east We thoroughly reviewed the available the ESA’s definition of ‘‘species’’ also information regarding historical, includes ‘‘any subspecies of fish or coast and the GOM based on analysis of mitochondrial control regions current, and potential threats to the wildlife or plants, and any distinct (Benavides et al., 2011), suggesting that NWA DPS of dusky sharks (McCandless population segment of any species of these populations readily mix. et al., 2014). In the following section, we vertebrate fish or wildlife which These genetic findings of a discrete summarize information regarding each interbreeds when mature.’’ Below, we population occurring within northwest of these threats according to the factors evaluate whether the petitioned NWA Atlantic waters are further supported by specified in section 4(a)(1) of the ESA population of Carcharinus obscurus tagging data collected from the NMFS and consider whether any one or a qualifies as a DPS based on the elements Cooperative Shark Tagging Program combination of the factors are of discreteness and significance as between 1963 and 2013 (Kohler et al., contributing to the extinction risk of the defined in our DPS policy, to determine 1998; Kohler and Turner, 2010). Mark/ NWA DPS of dusky sharks. whether it is eligible for listing under recapture data from this program the ESA. The Present or Threatened Destruction, indicate that NWA dusky sharks Modification, or Curtailment of Its Distinct Population Segment Analysis commonly move between the U.S. Habitat or Range Atlantic and GOM, as well as between According to the SRT, the NWA the U.S. GOM and Mexican Gulf waters, Based on our review of the best population can be considered a discrete but do not venture south of the available information regarding segment because it is markedly separate Caribbean Sea (Kohler and Turner, historical and current range and habitat from other populations of dusky sharks 2010; NMFS, unpublished data). of the NWA DPS (McCandless et al., as a consequence of genetic and Although populations of dusky sharks 2014), we found no evidence to suggest physical/behavioral factors. Dusky shark occur off Brazil and South America, to that the species has experienced a populations have been reported in date, no recaptures of the 8,776 tagged curtailment of its habitat or range, and temperate and tropical waters NWA dusky sharks have been identified there is little information that would worldwide, including the western from these areas, and only one has been suggest habitat destruction or Atlantic in the north from Nova Scotia recaptured within the Caribbean Sea modification is presently contributing or to Cuba and the Gulf of Mexico, and in (Kohler and Turner, 2010; NMFS, will contribute significantly to the NWA the south from Nicaragua to southern unpublished data). Given this DPS’ risk of extinction. Brazil. Dusky sharks are also found in behavioral information, it is likely that In the U.S. exclusive economic zone the Mediterranean, Indian, and western the dusky sharks found off Brazil and (EEZ), the Magnuson-Stevens Fishery Pacific waters including off Madagascar South America are independent from Conservation and Management Act and Australia, and in the eastern Pacific the NWA population of dusky sharks. (MSA) requires us to identify and from southern California to the Gulf of Overall, based on the genetic and describe essential fish habitat (EFH) in California. Genetic studies, using both tagging study findings discussed above, fishery management plans (FMPs), mitochondrial and nuclear we consider the NWA population of minimize the adverse effects of fishing microsatellite DNA, showed significant dusky sharks to be a discrete on EFH, and identify actions to genetic differentiation between the population. encourage the conservation and western North Atlantic, South African, In terms of significance, the SRT enhancement of EFH. The MSA defines and Australian dusky shark determined that loss of the NWA EFH as ‘‘those waters and substrate populations, with a low frequency of segment would translate to a significant necessary to fish for spawning, migration between these populations gap in the current range of the species, breeding, feeding or growth to (Benavides et al., 2011; Gray et al., specifically the entire northwest maturity.’’ (16 U.S.C. 1802 (10)). 2012). Specifically, Benavides et al. Atlantic. Although qualitative data in Towards that end, we have funded two (2011) found 25 mitochondrial control Benavides et al. (2011) show a potential cooperative survey programs intended region haplotypes and rejected a null historical connection between the NWA to help delineate shark nursery habitats hypothesis of panmixia (analysis of and Indo-Pacific populations through in the Atlantic and GOM. The molecular variance, FST = 0.55, p the southwest Atlantic waters, the study Cooperative Atlantic States Shark <0.000001), detecting significant indicates that recovery of depleted Pupping and Nursery Survey and the differentiation between dusky sharks NWA populations would likely rely on Cooperative Gulf of Mexico States Shark from the U.S. Atlantic, South Africa, reproduction by surviving local females Pupping and Nursery Survey are and Australia. Work by Gray et al. as opposed to replenishment from designed to assess the geographical and (2012) supports these findings by immigrant females from the southwest seasonal extent of shark nursery habitat, identifying a strong divergence among Atlantic or Indo-Pacific. In other words, determine which shark species use NWA, South African, and Australian loss of the NWA population would these areas, and gauge the relative samples using microsatellite markers leave a significant gap in the range of importance of these coastal habitats for (FST = 0.01–0.15, p <0.05). the species, extending from the Gulf of use in EFH determinations. We also Within the western Atlantic, there is Maine south to Florida, and including used fishery observer data, tagging data qualitative evidence of population the GOM and Caribbean Sea. As such, and fishery-independent sampling data structure between the NWA dusky we consider the discrete NWA to determine EFH for dusky sharks, as sharks and dusky sharks caught off population of dusky sharks to be described in Amendment 1 to the 2006 Brazil. The most common haplotype significant to the taxon as a whole. Consolidated Atlantic Highly Migratory

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Species (HMS) FMP (the FMP which late 1930s, a shark fishery developed off The fishery management terms of manages the conservation of the the east coast of Florida, in the GOM, ‘‘overfishing’’ and ‘‘overfished’’ are domestic fisheries for Atlantic and in the Caribbean Sea (Wagner, defined under the MSA and are based swordfish, tunas, sharks, and billfish) 1966), areas where the NWA DPS is on different criteria than threatened or (NMFS, 2006; NMFS, 2009). These data known to occur. The shark fishery grew endangered statuses under the ESA. As resulted in the designation of EFH areas in response to the demand for vitamin such, they do not automatically indicate for neonate, juvenile, and adult dusky A obtained from shark livers, but by the that a species may warrant listing under sharks in coastal and offshore waters 1950s, most of these shark fisheries the ESA because they do not necessarily from Florida to Cape Cod, which could were abandoned due to the have any relationship to a species’ provide important nursery habitats and development of synthetic vitamin A extinction risk. Overutilization under breeding areas for this species. (Wagner, 1966). In the late 1970s, the the ESA means that a species has been Next, we analyzed fishing and non- U.S. Atlantic shark fishery developed or is being harvested at levels that pose fishing impacts on EFH in the 2006 rapidly once again, this time due to a risk of extinction. Therefore, the Consolidated HMS FMP and concluded increased demand for shark meat, fins, analysis of the results from this most that while bottom longline gear (BLL), and cartilage worldwide. At the time, recent SEDAR stock assessment (NMFS, in general, may have an effect on EFH, sharks were perceived to be 2011a), catch and bycatch trends, and shark BLL gear as currently used in the underutilized as a fishery resource. The new data that have become available Atlantic shark fishery was not having high commercial value of shark fins led since the terminal year of the SEDAR more than a minimal and temporary to the controversial practice of stock assessment, are evaluated below effect on EFH. This BLL gear (which ‘‘finning,’’ or removing the valuable fins in terms of insight into threats to the normally consists of a mainline between from sharks and discarding the DPS and its likelihood of extinction. 3 and 8 km long with 200–400 hooks carcasses during this time. Growing Although the NWA DPS of dusky attached and is set for 2 to 20 hours) is demand for shark products encouraged sharks is currently a prohibited species primarily used in sandy and/or muddy expansion of the commercial fishery in U.S. waters, individuals are still habitats where it is expected to have throughout the late 1970s and the 1980s. incidentally caught in the U.S. minimal to low impacts. Likewise, other Tuna and swordfish vessels began to commercial BLL and pelagic longline HMS gears are not considered to have retain a greater proportion of their shark (PLL) fisheries and U.S. gillnet fisheries an impact on EFH. HMS gears do not incidental catch and some directed (although rarely), and they have also normally affect the physical fishery effort expanded as well. As been reported as landed in NMFS characteristics that define dusky shark catches accelerated through the 1980s, recreational fishing survey data. The habitat such as salinity, temperature, shark stocks started to show signs of SRT identified this bycatch as potential dissolved oxygen, and depth. Similarly, decline. other state and federally managed gears The NWA DPS of dusky shark was not overutilization of the NWA DPS because were also determined not to have an immune to this exploitation and it is the primary source of impact on HMS EFH, with the possible followed the same trend as many of the anthropogenic mortality of the DPS in exception of some bottom-tending gears other shark stocks off the U.S. east coast. U.S. waters. In assessing the impact of in shark nursery areas in coastal bays Historically, the fishing mortality of the this bycatch mortality on extinction and estuaries. However, we anticipate NWA DPS was estimated to be low from risk, we examined the results from the that any impacts resulting from these 1960 through the early 1980s, with the SEDAR stock assessment because the gears would be minimal and only size of the NWA DPS predicted as being model implicitly included bycatch temporary in nature (NMFS, 2009). close to virgin levels until the late 1980s mortality in the calculations of total We also found no information to (NMFS, 2011a). Fishing mortality was fishing mortality of the species. Due to suggest that non-fishing related then thought to have increased to the uncertainty about the magnitude of activities are affecting dusky shark unsustainably high levels in the 1990s, total catches and discards, an alternative habitat in a significant way. Estuarine before declining following the modeling methodology was used in the environments, which are most easily prohibition of dusky shark landings in SEDAR stock assessment, the Age- prone to degradation by human activity 2000 (NMFS, 2011a). structured Catch Free Model (ASCFM), other than fishing, are rarely used by In 2006, we assessed the status of the which re-scales the model population dusky sharks. Additionally, the NWA NWA dusky shark stock under the MSA dynamics as proportional to DPS is highly mobile throughout its and found it to be ‘‘overfished’’ with unexploited conditions. Fishing range (as evidenced by results from ‘‘overfishing’’ occurring (Corte´s et al., mortality rates were estimated by the tagging studies: Kohler and Turner, 2006; NMFS, 2007). The 2006 stock ASCFM using a correlated random walk 2010; Carlson and Gulak, 2012; assessment predicted that dusky sharks prior. Although estimates of commercial Hoffmayer et al., 2014; NMFS, could rebuild within 100 to 400 years at-vessel and commercial and unpublished data), and we found no (Corte´s et al., 2006). In 2011, the NWA recreational post-release mortality for evidence to suggest its access to suitable dusky shark stock was re-assessed dusky sharks were included in the habitat is or will be restricted in the through the more comprehensive ‘‘Data Workshop Report’’ section of the future. SEDAR process (NMFS, 2011a). Based SEDAR stock assessment report, these on the results from this SEDAR estimates were not directly inputted in Overutilization for Commercial, assessment, we declared that the NWA the actual model (NMFS, 2011a). Pup Recreational, Scientific, or Educational dusky shark stock was still overfished survival was also estimated and given Purposes and continues to experience overfishing an informative lognormal prior The NWA DPS of dusky shark is (76 FR 62331; October 7, 2011); (median=0.81, CV=0.3, and was currently a prohibited species in U.S. however, there was considerable bounded between 0.50 and 0.99). Atlantic HMS fisheries (NMFS, 1999), uncertainty in the SEDAR stock Relative effort series for the three meaning that neither U.S. commercial assessment model about whether primary U.S. fishing fleets that nor recreational fishermen are allowed overfishing has occurred during the last incidentally catch the NWA DPS (BLL, to legally land this species; however, several years of the time series (NMFS, PLL, and recreational fleets) were used this was not always the case. During the 2011a; McCandless et al., 2014). to determine a single, annual weighted

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selectivity vector for modeling fishing fishery (NMFS, 2011b). In an update to distinct pattern of increasing or mortality. In other words, although the the report, for the years covering 2006 decreasing effort (NMFS 2013a). SEDAR stock assessment used an to 2010, the dusky shark bycatch in this In the U.S. gillnet fishery, NWA ASCFM modeling approach, it still fishery remained rather stable, with an dusky shark bycatch is negligible. Since factored in total mortality attributable to annual estimate of 804 individuals the implementation of Amendment 2 to fishing for its projections, which (NMFS, 2013a). the Consolidated Atlantic HMS FMP implicitly includes both discard Dusky shark bycatch in the U.S. (NMFS, 2007), the directed large coastal mortality as well as mortality of those Atlantic and GOM shark BLL fishery shark (LCS) gillnet fishery has been sharks retained in the catch. For these was included in the U.S. National greatly reduced. The 33-head LCS trip reasons, the at-vessel and post-release Bycatch Report in pounds only and for limit has essentially ended the strike net mortality associated with current trends the years of 2005 and 2006, but with the fishery and limited the number of of catch and bycatch should not caveat that the estimates given were fishermen targeting LCS with drift negatively impact future stock being refined due to discrepancies in gillnet gear. As a result, many gillnet projections. As such, the ASCFM base the calculation of total effort (NMFS, fishermen who historically targeted model stock assessment allows us to 2011b). There was no reported dusky sharks are now targeting teleost species examine whether overutilization is still shark bycatch in the report update for such as Spanish mackerel, king considered a threat to the species by the Atlantic and GOM shark BLL fishery mackerel, and bluefish. In 2012, 316 sets modeling the effect of historical and so we are unable to evaluate the trend comprising various gillnet fisheries current fishing mortality rates, using this information (NMFS, 2013a). were observed. During the strike gillnet including bycatch mortality, on the However, examination of observer data trips, no dusky sharks were observed on abundance trends and spawning stock from the U.S. Atlantic and GOM shark trips that targeted king mackerel and biomass of the population. BLL fishery indicates that NWA dusky only one dusky shark was caught during As mentioned before, overutilization sharks made up a small percentage of an observed sink net trip targeting under the ESA means that a species has the total large coastal shark catch from smoothhound (Mathers et al., 2013). been or is being harvested at levels that 2005 to 2009 and showed a relatively U.S. commercial handgears, including pose a risk of extinction and is most stable trend across years (Hale et al., handline, harpoon, rod and reel, buoy often indicated by a declining 2010). Out of 879 observed sets over the gear and bandit gear, are also used to abundance and a low likelihood of a 5 years, only 8.2 percent of these sets fish for Atlantic HMS by fishermen on reversal of this trend due to this threat, caught dusky sharks (n=192 private vessels, charter vessels, and or a combination of threats, and individuals). In the NMFS Shark headboat vessels. However, the shark demographic risks. However, based on Research Fishery, which has had 100 commercial handgear fishery presently the SEDAR stock assessment model percent observer coverage since its contributes very little to the overall outputs, this does not appear to be the creation in 2008 (NMFS, 2007), very low dusky shark landings. The estimated case. Although recruitment and numbers of dusky sharks have been annual NWA dusky shark bycatch in the spawning stock biomass have declined caught as bycatch (average=161 rather substantially since the late 1980s, GOM Reef Handline (vertical line) individuals from 2009 to 2012; Hale et spawning stock biomass levels are fisheries was approximately 256 al., 2010; NMFS, 2011c; NMFS, 2012a; projected to maintain near 15 percent of individuals from 2006 to 2010, based on NMFS, 2013b) compared to overall unexploited levels into the future, updated data to the U.S. National indicating that the level of bycatch and bycatch estimates (NMFS 2011b; NMFS Bycatch Report (NMFS, 2013a). This landings and associated mortality at the 2013a). Although there appears to be a reflects an 87 percent decrease from the time of the model (i.e., 2008 levels) is minor increasing trend in the annual previous annual estimate of sustainable. In other words, recent dusky shark bycatch in this fishery approximately 1,941 individuals in ¥ 2 exploitation levels do not appear to pose (y=38.9x 78047.2, R =0.45, 2006 (NMFS, 2011b) and was mainly a risk of extinction to the NWA DPS as McCandless et al., 2014), analysis of attributed to the establishment and its biomass is projected to remain stable fishing effort indicates there has been implementation of an individual fishing through the future. little change in effort from 2009 through quota system for the GOM commercial In addition, based on the estimates 2012. In other words, the increase in the red snapper fishery before the start of and trends of dusky shark bycatch from bycatch amounts may be more likely the 2007 fishing season. the available U.S. commercial BLL, PLL, attributed to increases in the relative In terms of U.S. recreational catch, gillnet, commercial handgear, and abundance of dusky sharks within the most Atlantic HMS are targeted by recreational fisheries data, we do not NMFS Shark Research Fishery area, domestic recreational fishermen using a foresee a significant reversal in this suggesting potential recovery of the variety of handgear including rod and biomass trend in the future, at least not NWA DPS within this area. reel gear. Given that the NWA DPS is in the negative direction. In terms of In terms of bycatch on U.S. PLL gear, currently a prohibited species, only bycatch on BLL gear, the primary analysis of reported dusky shark catches catch and release is allowed in the U.S. commercial gear employed for targeting from U.S. PLL logbook and observer recreational fishery; however, landings large coastal sharks in all regions, the data from 1992–2009 showed similar of dusky sharks are still reported in U.S. National Bycatch Report (NMFS, trends, marked by an initial decrease in NMFS recreational fishing survey data 2011b; NMFS 2013a) provides a catch per unit effort (CPUE) in the 1990s and, thus, are considered to be due to comparison of estimates of dusky shark followed by a more stable trend through misidentification of the species (as bycatch over the years from the GOM the 2000s (Corte´s, 2010), indicating that dusky sharks are commonly confused Reef Fish BLL commercial fishery. This bycatch in the U.S. PLL fishery has with other Carcharhinid sharks (e.g., comparison allows for insight into the potentially stabilized in recent years. sandbar and silky sharks, Carcharhinus bycatch trend for this fishery. For the The annual number of hooks deployed falciformis)) or fishermen not time period of 2005 to 2006, the report in the U.S. Atlantic PLL fishery, which understanding the regulations. Given estimated that annual dusky shark is a representation of the level of fishing these issues, estimates of U.S. bycatch was approximately 798 effort, has ranged from 5,662,000 to recreational catches of the NWA DPS individuals in the GOM Reef Fish BLL 7,679,000 from 2003 to 2012, with no are considered highly uncertain.

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Analysis of three data sources that the fall and winter (Brown and Ramı´rez- stock assessment, indicating that the estimated U.S. recreational dusky shark Lo´pez, 2012). However, an analysis of level of exploitation in 2008 was catches (the Marine Recreational PLL effort from 2001 to 2006 indicates sustainable; (2) the evidence of stable Fishery Statistics Survey (MRFSS), the that there has been very little change in and even decreasing NWA dusky shark NMFS Headboat Survey (HBOAT) fishing effort (y=30x-58212, R2=0.003, bycatch, harvest trends, and fishing operated by the SEFSC Beaufort data from Brown and Ramı´rez-Lo´pez, effort in U.S. commercial fisheries and Laboratory, and the Texas Parks and 2012). Mexican fisheries; and (3) the catch Wildlife Department Recreational Based on an intensive monitoring rates from the NMFS Large Pelagics Fishing Survey (TXPWD)) shows that, study of Mexican artisanal shark Survey, the NMFS Shark Research by weight, the recreational landings and landings from November 1993 to Fishery, and updated analyses of U.S. recreationally caught sharks that were December 1994, Castillo-Ge´niz et al. fishery-independent surveys (see killed but not landed appear to be of (1998) reported that the Campeche Abundance Trends section), which all similar magnitude to the commercial region in the southeastern Gulf had the suggest increasing abundance trends in discards in recent years, but shows no highest landings and effort, where recent years, indicate that clear trend (Corte´s and Baremore, 2010). Bonfil (1997) reported that dusky shark overutilization of the species in the form When data from these three surveys are catches are rare. In 2010, Oviedo of U.S. bycatch and Mexican landings combined by number, the total reported that there were 1,813 fishing appears to no longer be a threat estimated recreationally landed and vessels documented fishing in Mexican contributing significantly to the risk of killed sharks from 2000 to 2009 depicts waters in the GOM. Areas with the the DPS’ extinction. an overall decreasing trend (y=- highest shark landings are reported to In terms of illegal harvest of the DPS, 346.7+696865, R2=0.30; data from occur in Veracruz and Tamaulipas we did not find evidence that this is Corte´s and Baremore, 2010). Although (Oviedo, 2010), where Bonfil (1997) significantly contributing to the these data are highly uncertain, the reported that dusky shark catches were overutilization of the DPS. Since the available information indicates that common with the addition of the mid-1990s, the United States Coast mortality from recreational bycatch is Yucatan region. There is no known Guard (USCG) has been aware of not likely increasing. nursery habitat for dusky sharks in Mexican fishing vessels fishing for Analysis of the NMFS Large Pelagics GOM waters within Mexico’s EEZ, with sharks and other species in the U.S. Survey data from 1986 to 2009, where primarily large juveniles and adults >1.5 Exclusive Economic Zone (EEZ) off the dusky sharks are primarily caught and m total length caught in the artisanal coast of Texas. The vessels originate released, shows that recreational NWA fisheries (Bonfil 1994, Bonfil 1997). from Matamoros, Mexico, and fish in dusky shark catches exhibited a pattern In general, however, there has been an the area surrounding South Padre of declines from the 1980s into the overall decline in Mexican shark Island, Texas, anywhere from zero to 20 1990s and a recent pattern of slight landings from GOM fisheries in recent miles (32 km) offshore. These vessels, or increases since 2000. Analysis of effort years (Soriano-Vela´squez, 2011). A lanchas, fish during the day with gillnet (shark directed trips) from 2003 to 2009 qualitative frequency analysis of and longline gear in U.S. waters for also suggests very little change in total landings from the southeastern GOM shark and red snapper, which are effort in recent years (y=7.8214x-15139, fisheries showed moderate dusky shark believed to be more prevalent in the R2=0.0525, data from Walter and Brown, catches in the 1980s followed by low U.S. EEZ off Texas than in the Mexican 2010), indicating that the increasing catches in the 1990s and no recorded EEZ near Matamoros (Brewster-Geisz et trend in catch rates may be attributed to dusky catches in the 2000s (Perez, al., 2010). However, analysis of detected increases in the relative abundance of 2011). The decline in shark landings is fishery-related lancha incursions from dusky sharks within the areas fished thought to be a result of past fishing 2000 to 2009 show a recent decreasing (McCandless et al., 2014). pressure as well as rising fuel costs and trend since 2004 (y=-22.6x+45470, Available data on Mexican shark shifts to other targets, such as rays and R2=0.81, Brewster-Geisz et al., 2010). In landings and fishing effort indicate that octopi (Soriano-Vela´squez, 2011; fact, since 2005, there has been a 46 even though Mexican fisheries likely Excartı´n, 2011). Socio-economic percent decrease in the number of contribute to dusky shark mortality, research on Mexican artisanal fisheries detected incursions (Brewster-Geisz et these impacts appear to have stabilized reports that the artisanal fisheries in al., 2010). In addition, the majority of or be decreasing in recent years and are general are ‘‘stagnant’’ as many of the the sharks found on these lanchas are unlikely to lead to a significant reversal fishermen are older and younger people not dusky but rather blacktip and in the projected biomass trend of the are less attracted to fishing as a career hammerhead sharks (Brewster-Geisz NWA DPS. The Mexican shark fishery is (Excartı´n, 2011). This study also and Eytcheson, 2005). part of a diverse multi-species artisanal indicates that the decline in shark These illegally caught sharks are fishery (Oviedo, 2010; Soriano- catches within this region may be usually finned and the fins sold; Vela´squez, 2011). The fleet uses both partially attributed to fishermen however, the best available information gillnet and longline gear to harvest changing their target species to more on the international shark fin trade does sharks (Oviedo, 2010). The PLL gear is profitable species such as the octopus, not indicate that this level of utilization a selective gear, with yellowfin tuna which is currently one of the most is likely of the magnitude to affect the making up over 70 percent of the important commercial species and has status of the NWA DPS. In fact, a study catches (Brown and Ramı´rez-Lo´pez, increased landings in recent years by Clarke et al. (2006) estimated that 2012). In 2006, shark species made up (Excartı´n, 2011). Therefore, based on the dusky shark fins made up only 1.4 only 1.4 percent of the catch by above information, it appears that the percent (1.2–1.7 percent) of the numbers, and no dusky sharks were level of harvest of the NWA dusky shark auctioned fins in Hong Kong, the caught that year (Oviedo, 2010). During by Mexican fishermen is likely minimal world’s largest fin trading center. It was spring and summer, fleet activity is and also on the decline, as indicated by the second least encountered species in concentrated in the central, southern, the decreasing trends in fishing effort. the fin auction (the first being tiger and western portions of the Mexican Overall, the combination of (1) the shark fins, Galeocerdo cuvier, EEZ and expands into the northern and stable levels of the NWA DPS biomass comprising 0.13 percent of the fins at eastern portions of the Mexican EEZ in into the future projected by the SEDAR market, Clarke et al., 2006). It is also

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unclear what proportion of the total dusky sharks, though the extent of this The Inadequacy of Existing Regulatory dusky shark fins belonged to the occurrence is not known as sea Mechanisms prohibited NWA DPS. In addition, the lampreys tend to be opportunistic, The NWA dusky shark receives a primer that was used in the study to feeding on a wide variety of bony and significant degree of regulatory genetically identify fins of dusky sharks cartilaginous fish (Jensen and Schwartz, protection in U.S. waters. In 2000, the was unable to distinguish between 1994; Wilkie et al., 2004; Gallant et al., dusky shark was added to list of dusky shark fins and Galapagos shark 2006). prohibited shark species in the U.S. (C. galapagensis) fins; therefore, it is Although dusky sharks experience Atlantic. Since that time, U.S. likely the reported percentage of dusky some degree of parasitic disease, this commercial fishermen have not been sharks in the fin market is overestimated does not appear to be a significant factor allowed to retain, possess, land, sell, or (Clarke et al., 2006). affecting the abundance or persistence purchase NWA dusky sharks, and Therefore, although some illegal of dusky shark populations in the wild, recreational retention has also been harvest for dusky shark fins in the NWA with the only mortality event due to prohibited, essentially affording the may occur, the available information parasitic disease recorded from a fish in NWA DPS the highest level of fisheries indicates that the present level of such captivity (Bullard et al., 2004). protection under the MSA. (A review of illegal activity, especially for the fin Additionally, as noted above, there are Federal regulations pertaining to the trade, is minimal and we find it is diskfishes that serve in a mutually NWA DPS prior to 2000 can be found unlikely to contribute significantly to beneficial relationship with dusky the risk of the DPS’ extinction. in McCandless et al. (2014).) Projected sharks feeding on the parasites. apical fishing mortality relative to Disease or Predation Like many other large coastal shark maximum sustainable yield levels for Various parasitic copepods have been species, dusky sharks tend to be the NWA DPS has declined dramatically documented on dusky sharks, including opportunistic feeders and occupy high since 2000, indicating that this Alebion carchariae, Paralebion trophic levels in the marine prohibition on the U.S. commercial and elongates, Perrisoppus communis, communities where they occur. recreational retention of dusky sharks Pandarus satyrus, Pandarus sinuatus, Primarily a coastal species, but also has directly and significantly decreased Pandarus smithii, Pandarus cranchii, found in the outer continental shelf and fisheries-related mortality of the species. Nessipus alatus, Nessipus gracilis, sometimes in pelagic waters (Castro, In terms of state regulations, state Nessipus orientalis, Nemesis pallida, 2011), dusky sharks have a wide trophic fishery management agencies have Nemesis spinulosis, Eudactylina spectrum that includes mostly fishes, authority for managing fishing activity spinifera, Kroyeria gracilis, and Opimia cephalopods (squid, octopuses), other only in state waters (0–3 miles (0–5 km) exilis (Bere, 1936; Cressey, 1970). elasmobranchs (rays, other sharks), and in most cases; 0–9 miles (0–14 km) off Though there are many different types crustaceans (Corte´s, 1999). Although Texas and the Gulf coast of Florida). In of parasitic copepods associated with some of their prey species may have the case of federally permitted shark dusky sharks, there are also species of experienced population declines, no fisherman, fishermen are required to diskfishes (Echenidae) that rely on the information exists to indicate that follow Federal regulations in all waters, dusky shark for the host-fish depressed populations of these prey including state waters, unless the state relationship they provide for feeding on species are negatively affecting dusky has more restrictive regulations. The those copepods. Cressey and Lachner shark population abundance. In Atlantic States Marine Fisheries (1970) found the Remora remora and addition, not much is known of resource Commission approved the Interstate the ‘‘white suckerfish’’ (R. albescens) partitioning and competition for FMP for Atlantic Coastal sharks in feed on copepods attached to dusky resources in elasmobranch fishes in August 2008 to create consistent sharks. The connection between the general, although both are likely to regulations across the Atlantic states host fish and R. remora was noted to be occur in marine communities of which from Maine to Texas. All Atlantic states, a stable, long-term relationship and that sharks are a part (Wetherbee et al., 2012; along with Puerto Rico and the U.S. the white suckerfish is rarely caught Heithaus and Vaudo, 2012). It is Virgin Islands, have adopted the same apart from the host fish, which may possible that juvenile dusky sharks, in prohibited status for the NWA DPS as indicate that these fish maintain a particular, may have to compete for food the Federal regulations and those in the relationship with and/or close resources with other co-occurring sharks Interstate FMP for Coastal Sharks; proximity to the host-fish (Cressey and and teleosts, but it is unlikely that this therefore, commercial and recreational Lachner, 1970). competition for food would be retention of NWA dusky sharks is Acanthocephala, cestodes and important enough to affect their prohibited in all U.S. Atlantic state and trematodes have also been documented abundance, especially considering the Federal waters. on dusky sharks (Linton, 1901; Linton, high trophic plasticity and In addition to the prohibition, the 1908; Linton, 1921; Bullard et al., 2004). opportunistic behavior of large NWA DPS also directly and indirectly Bullard et al. (2004) found a dusky predatory species like the dusky shark receives a significant degree of shark in the Indian Ocean with (Corte´s et al., 2008). protection from overutilization and Dermophthirius carcharhini, It is also very unlikely that predation fisheries-related mortality through the documenting the first record of the D. on dusky sharks is a factor influencing implementation of a number of other carcharhini distribution extending their abundance. Adult dusky sharks Federal regulations. For example, in outside of the Atlantic Ocean. A dusky reach a size of almost 4 m and are 2005, we created the Mid-Atlantic Shark shark captured in the New York Bight considered the largest of the Closure Area, which encompasses North and held in the New York Aquarium for carcharhinid sharks (Castro, 2011), with Carolina habitat for many dusky sharks. 5 months suffered a mortal infection no major predators known. Owing to The area was closed to protect both with D. carcharhini that was thought to their large size at birth of about 1 m, it dusky sharks and juvenile sandbar show host specificity as it did not infect is also unlikely that newborn and sharks from January through July. Data the other sharks present in the same juvenile dusky sharks have major collected in the Shark Research Fishery tank (Cheung and Ruggieri, 1983). Sea predators that would regulate and by NMFS scientists conducting BLL lampreys have also been documented on population size. surveys in the Mid-Atlantic Shark

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Closure Area indicate elevated from 1992–2012 (NMFS, unpublished Pesca). With authority under the CNP, interactions with dusky sharks during data) and 27.9 percent using data from and the National Plan of Action for the the time/area closure compared to 1995 to 2012 (Gallagher et al., 2014), Conservation and Management of outside the closed areas (NMFS, 2012b), significantly lower than rates on BLL Sharks, Rays and Similar Species in suggesting that this Mid-Atlantic Shark gear. In other words, there is a higher Mexico (NPOA-Sharks), the National Closure area is providing protection to likelihood that incidentally caught Fisheries Institute (INAPESCA: Instituto NWA dusky sharks from incidental individuals on PLL gear can be released Nacional de Pesca) and the management fishing mortality. alive and continue to contribute to the agency, Comisio´n Nacional de In the U.S. directed shark BLL fishery, viability of the NWA DPS. Regardless, Acuacultura y Pesca (CONAPESCA), where dusky sharks are known to suffer additional measures to reduce implemented NOM 029–PESC–2006 quite high at-vessel mortality (with an interactions (e.g., time/area closures) (NOM: Norma Oficial Mexicana) called 81 percent at-vessel mortality rate with dusky sharks in the U.S. PLL ‘‘Responsible Fishery of Sharks and estimate, Morgan and Burgess, 2007; fishery were proposed in Draft Rays; specifications for use.’’ NOM 029– Romine et al. 2009), commercial fishing Amendment 5 to the 2006 Consolidated PESC–2006 regulates harvesting, impacts on dusky sharks have been HMS FMP, but were not implemented, designates prohibited species, specifies greatly reduced since 2008 due to with further analyses being conducted fishing zones and seasons, authorizes existing regulatory mechanisms. This is on these measures in another FMP gears, and requires permit holders to mainly a result of the U.S. management Amendment (Amendment 5b; NMFS, report data. It promotes full use of shark measure prohibiting the commercial 2014). Management measures to correct catch by prohibiting finning. The goals harvest of sandbar sharks outside of the the problems of misidentification or are to maintain sharks at sustainable NMFS Shark Research Fishery (NMFS, misunderstanding of U.S. recreational levels and reduce incidental catch of sea 2012b), as implemented by Amendment regulations have also not been turtles and marine mammals. 2 to the 2006 Consolidated HMS FMP implemented at this time; however, we Additionally, CONAPESCA recently (NMFS, 2007). This prohibition have increased outreach efforts and implemented an annual shark fishing ultimately resulted in shark fishermen education on proper identification and prohibition in Mexican jurisdictional targeting other species of sharks (e.g., safe release practices for recreational waters which began on the date of blacktip, lemon, and bull sharks) that shark fishing, including the publication publication of the Agreement (June 11, tend to occur in areas closer to shore of shark identification guides for U.S. 2012) through June 30, 2012, and in than sandbar and dusky sharks (NMFS, recreational fishermen. Thus, although subsequent years is in effect during the 2014). Anecdotal evidence suggests that existing management measures may not period of May 1 to June 30 of each year. in the Atlantic Ocean, vessels that suffice to further decrease the level of The prohibition extends to August 31 of targeted sandbar sharks were more dusky shark mortality in the U.S. PLL each year in the Campeche Bank region. likely to catch dusky sharks because of and recreational fisheries, the current This regulation should help protect the similar habitat preferences, including level of anthropogenic mortality NWA DPS from harvest mortality and depth and water temperature (NMFS, experienced by the NWA DPS under may also deter future illegal fishing by 2012b). Therefore, with the these measures has been identified as Mexican fishermen, at least during the implementation of this regulation and sustainable (see Overutilization section) prohibition period. the resultant shift in species targeted by with the potential to decrease even Challenges with existing Mexican commercial BLL fishermen, fishery- further with current outreach efforts . regulations include poor enforcement, related mortality from the U.S. directed Therefore, we do not find existing lack of compliance, and inaccurate commercial BLL shark fishery has been regulatory measures to be inadequate to logbook reporting due to its complex significantly reduced and is considered the degree that they pose a threat to the format. In response, CONAPESCA and to have only negligible impacts on the species or contribute significantly to its INAPESCA prepared a shark ID guide, extinction risk of the species. This risk of extinction. and are working to create a friendlier reduction has also likely led to the Additionally, states such as Delaware, format. Overall, vast improvements in observed increase in the abundance of Hawaii, Washington, California, Oregon, monitoring and regulating Mexican the species as indicated by the Illinois, New York, Maryland, and fisheries have been made in recent increasing trend in annual dusky shark Massachusetts have implemented or are years, but many challenges still exist bycatch in the NMFS Shark Research working towards the implementation of that may jeopardize the ability of NWA Fishery from 2009 through 2012 with shark fin bans. These bans have been dusky shark populations to increase little change in fishing effort developed by states individually, but beyond current sustained levels. (McCandless et al., 2014). generally prohibit the purchase or sale However, based on the evidence of Based on the findings above, the SRT of shark fin in the state. These bans may stable and even decreasing NWA dusky concluded that the majority of current not have much of a direct impact on shark fishing effort in Mexican fisheries anthropogenic mortality of the NWA NWA DPS because of its prohibited coupled with low to no levels of catch dusky shark can be attributed to U.S. status, but may have a broader impact in recent years, at this time, we do not PLL bycatch mortality, Mexican on the shark fishing industry in general, find these existing regulatory measures landings, and possibly mortality in the especially if they lead to decreases in to be inadequate to the point where they U.S. recreational fisheries from landings shark fishing effort which could are contributing or will contribute misidentifications and/or indirectly lower the likelihood of dusky significantly to the NWA DPS’ risk of misunderstanding of the existing shark bycatch. extinction. regulations. However, the U.S. PLL is a In terms of Mexican regulations, the heavily managed gear type and the General Law of Sustainable Fishery and Other Natural or Manmade Factors fishery is strictly monitored. Based on Aquaculture (Ley General de Pesca y Many sharks are considered to be analyses using Pelagic Longline Acuacultura Sustentables) regulates the biologically vulnerable to Observer Program data, the at-vessel use of living marine resources. Fishery overexploitation due to their life history mortality rate for dusky sharks in the management plans and regulations are traits, with demographic analyses often U.S. PLL fishery has been estimated to implemented through the National the tool used to assess this vulnerability. be approximately 34 percent using data Fishing Charter (CNP: Carta Nacional de Productivity expressed as the intrinsic

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rate of population increase (r) is the key changing environment. Factors having gives them the ability to shift their range parameter estimated from these the most potential to affect marine or distribution to remain in an analyses, with low estimates of r species are changes in water environment conducive to their indicating a species that will be slow to temperature, salinity, ocean physiological and ecological needs. recover from depletion. Musick (1999) acidification, ocean circulation, and sea Based on the above information and suggested the following ranges for level rise. Two recent studies have analysis, we do not find that the impacts evaluating the productivity of marine addressed the vulnerability of dusky of warming water temperature from species based on r (yr¥1) values: High sharks to climate change. Chin et al. climate change will significantly = >0.50, medium = 0.16–0.50, low = (2010) conducted a vulnerability contribute to the species’ risk of 0.05–0.15, and very low = <0.05. Given assessment of sharks and rays on extinction. the late age at maturity, slow growth Australia’s Great Barrier Reef (GBR) and Assessment of Demographic Viability rate, long life span, and low fecundity we are in the process of finalizing a Factors of many elasmobranchs, sharks are often vulnerability assessment of U.S. at the low to very low end of this scale. northeast fish stocks (Jon Hare, NEFSC, In addition to the identification of In 2010, Corte´s et al. conducted an personal communication, 2014). These threats, we also considered the ecological risk assessment (ERA) of studies identified similar factors for use collective condition of individual sharks caught in Atlantic PLL fisheries. in their vulnerability assessments, populations at the species level The International Commission for the ranked the level of exposure and according to demographic viability Conservation of Atlantic Tunas (ICCAT) sensitivity to these factors using current factors but did not find evidence to recently updated this ERA in 2012 by knowledge and expert opinion, and indicate that these factors are adding five previously unassessed based the resulting relative vulnerability appreciably reducing the fitness of the sharks, including the dusky shark. In for each species on simple logic rules. species. The NWA DPS is highly this ERA (ICCAT, 2012), productivity Dusky shark exposure rankings were migratory and is not spatially restricted for the dusky shark was modeled using highly influenced by water temperature, during any life stage, which contributes updated life history information on age but sensitivity to this factor was ranked to its dispersal and re-colonization and growth from Natanson et al. (2013) low for both the NWA and Australia’s ability. The NWA DPS also exhibits and a 3-year reproductive cycle (Castro, GBR sharks. NWA dusky sharks were high genetic diversity, with no 2009; Romine, 2009). Out of the 20 assessed a high vulnerability ranking indication that it is experiencing reduced reproductive fitness, fecundity, Atlantic shark stocks assessed by ICCAT with respect to climate change, but this or survival due to loss of phenotypic (2012), the dusky shark stock had the was primarily influenced by its MSA- diversity. Although the life history fifth lowest intrinsic rate of population defined stock status and population characteristics of the NWA DPS (long increase (r = 0.043 per year). Generation growth rate. Although the population lived, late sexual maturity, low time was estimated at 29.6 years growth rate was taken into account in fecundity) limit the productivity of the (ICCAT, 2012), which is 10 years shorter the GBR study, little is known about the species, rendering it less resilient to than the estimate that was used in the population status of sharks in this area high levels of exploitation, its maximum recent SEDAR dusky shark stock (Chin et al., 2010; McAuley et al., 2012). rate of population increase is not assessment (NMFS, 2011a). Although GBR dusky sharks were assessed a low decreasing nor are there indications that the productivity estimated by ICCAT vulnerability ranking with respect to ¥1 this productivity level could lead to (2012) nearly doubles the r (yr ) values climate change. If the factor of stock extinction. In terms of abundance, it is estimated during previous studies (r = status is removed from the NWA climate difficult to make absolute statements 0.020, Smith et al., 1998; r = 0.028, vulnerability analysis (or status is about the number of dusky sharks in the ´ Cortes, 1998; r = 0.018, Romine et al., significantly improved) the overall NWA DPS because of the lack of reliable 2009), bringing the relative rating of vulnerability of dusky sharks to climate retention and discard data; however, productivity from very low to borderline change would be assessed as low (Jon fishery-independent surveys suggest between very low and low (Musick, Hare, NEFSC, personal communication, that there are still a large number of 1999), it still depicts a species 2014). dusky sharks in the U.S. Atlantic and vulnerable to overexploitation and Dusky sharks are not reliant on GOM. In addition, although its current susceptible to demographic and density- estuarine habitats, which are the abundance has been significantly independent risks in the face of habitats thought to be the most reduced from unexploited levels, there significant depletion. However, based vulnerable to climate change. In are multiple lines of evidence that on the evidence of increasing addition, dusky sharks appear to prefer indicate this number could be abundance and sustainable levels of warmer temperatures and are frequently increasing (see Abundance section and exploitation of the NWA DPS, and the found in temperate to tropical water analyses of data from the NMFS Shark assessment of its current demographic temperatures between 23 °C and 30 °C. Research Fishery and NMFS Large and density-independent risks Although at-vessel mortality rates of Pelagics Survey in Overutilization (discussed below in the ‘‘Assessment of dusky sharks were found to positively section). Overall, the NWA DPS does Demographic Viability Factors’’), we do correlate with bottom water not appear to be at a point where normal not find this biological vulnerability as temperatures on BLL gear (Morgan and environmental changes, anthropogenic currently inhibiting recovery or a threat Burgess, 2007; Gallagher et al., 2014), perturbations, current fisheries-related that will contribute significantly to the the effects of climate change on mortality, habitat destruction, or NWA DPS’ risk of extinction. increased fishery-related mortality of demographic stochasticity could lead to Another factor that was evaluated as the NWA DPS are likely to be minimal its extinction. a potential threat to the NWA DPS was as previously discussed regulatory climate change. The effects of climate mechanisms have significantly reduced Extinction Risk change are a growing concern for the likelihood of dusky shark capture in After considering the extent to which fisheries management as the the U.S. commercial shark BLL fishery. demographic viability factors may be distributions of many marine organisms Dusky sharks are also highly migratory indicating a risk of extinction and our are shifting in response to their and opportunistic predators, which evaluation of the ESA section 4(a)

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factors impacts on the status of the closure implemented in 2012, the SRT Additionally, estimates of the species’ species as discussed above, we find that relied on the 2011 SEDAR stock productivity have increased, based on the NWA DPS is presently at a low risk assessment projection using the fishing updated life history information since of extinction. This finding is in mortality estimated for the final year of the last assessment was conducted, agreement with the SRT conclusions the assessment (F = 0.055; NMFS, suggesting the potential biases (McCandless et al., 2014). The 2011 2011a) as a precautionary approach to mentioned above are not operative. SEDAR stock assessment for this DPS determine the foreseeable future. As Final Determination indicated the population was depleted discussed previously, this SEDAR stock to around 85 percent of pre-exploitation assessment model takes into account the Section 4(b)(1) of the ESA requires levels; however, this assessment also species’ life history information and that we make listing determinations suggested that the prohibition on dusky projects the effects of anthropogenic based solely on the best scientific and shark retention has come close to mortality on the biomass of the species. commercial data available after ending overfishing, with the projected However, due to the exponential conducting a review of the status of the biomass under existing management increase in uncertainty seen in the species and taking into account those measures stabilizing near current projections of spawning stock biomass efforts, if any, being made by any state or foreign nation, or political values. Fishing mortality has beyond 2045 (i.e., Fcurrent projection; significantly decreased since the U.S. NMFS, 2011a), the SRT decided that 30 subdivisions thereof, to protect and commercial and recreational retention years was the extent of time over which conserve the species. We have prohibition in 2000, with the present they could confidently predict the independently reviewed the best mortality of dusky sharks mainly impact of the operative threats on the available scientific and commercial attributed to bycatch mortality in the species status. Thus, foreseeable future information including the petition, U.S. PLL fisheries and harvest by was defined as 30 years. public comments submitted on the 90- day finding (78 FR 29100; May 17, Mexican fishermen. However, U.S. PLL In terms of extinction risk, we find bycatch and Mexican landings appear to 2013), the status review report that the NWA DPS will be at a low risk (McCandless et al., 2014), and other have stabilized at low levels in recent of extinction through the foreseeable years, with trends that do not indicate published and unpublished future. This is also in agreement with information, and have consulted with any increases in fishing effort that the SRT, who was fairly certain that the would lead to extinction of this species experts and individuals familiar NWA dusky shark DPS will have a low with the dusky shark. population. Additionally, fishery- to no risk of extinction in the We conclude that the dusky sharks independent survey indices (i.e., NELL, foreseeable future and will likely show occurring in the NWA are discrete and VIMS LL, UNC LL) and bycatch from improvement from its current status. For significant from other members of their the NMFS Shark Research Fishery and all SEDAR projection scenarios using species and, therefore, we consider this the NMFS Large Pelagic survey indicate data from the most recent SEDAR stock population to be a DPS. Next, we that abundance trends for the NWA DPS assessment, spawning stock biomass is considered each of the ESA section have continued on a positive trajectory predicted to either stabilize through the (4)(a)(1) factors to determine whether it since the terminal year of the SEDAR foreseeable future (based on the 2008 presented an extinction risk to the NWA stock assessment. There will always be estimated fishing mortality) or increase DPS on its own. We also considered the some level of extinction risk associated (based on alternate projections taking combination of those factors to with this DPS, given its inherent into account potential changes in determine whether they collectively vulnerability to overexploitation and fishing mortality that likely would contributed to the extinction of the potential to suffer mortality when require changes to current management species. Our determination set forth bycaught. However, based on the best measures) (NMFS, 2011a). The SRT did below is based on a synthesis and available data that show stable to note that the greatest source of integration of the foregoing information, decreasing fishing effort, U.S. bycatch uncertainty in the SEDAR stock factors and considerations, and their levels, and Mexican harvest, stabilizing assessment data was the amount of effects on the status of the NWA DPS spawning stock biomass, and increasing human induced removals, with the throughout its entire range. abundance trends, we consider the projections of NWA dusky shark status We conclude that the NWA DPS of species to be at a low risk of extinction. most sensitive to the inclusion of dusky shark is not presently in danger In assessing the extinction risk of the different abundance indices and the of extinction, nor is it likely to become species through the foreseeable future, weighting of these indices. For example, so in the foreseeable future throughout the SRT defined the foreseeable future if total fishing mortality was all of its range. We summarize the as the timeframe over which the threats underestimated or productivity was factors supporting this conclusion as to the species could be reliably overestimated, there could be some follows: (1) The DPS is highly predicted to impact the biological status cause for concern regarding the future migratory, occurring throughout its of the species. Anthropogenic mortality status of the species (as exhibited by the range, with no barrier to dispersal; (2) from U.S. bycatch and Mexican landings lower 5–10 percent quantiles of biomass its current range is indistinguishable and the species’ natural biological projections; NMFS, 2011a). However, from its historical range, and there is no vulnerability to overexploitation were recent and sustained positive trends in evidence of habitat loss, destruction, or the main operative threats that were dusky shark abundance indices with modification that is significantly likely to contribute significantly to the updated data that was not considered in contributing to the species’ extinction extinction risk of the NWA DPS. Since the projection suggests that the point risk; (3) there is no evidence that the main sources of NWA dusky shark estimates for exploitation levels (fishing disease, predation, or competition is bycatch (U.S. BLL and PLL fisheries) mortality) may have been biased high contributing to increasing the risk of and Mexican landings appear to have and estimates of stock biomass may extinction of the species; (4) while the stable, if not decreasing, trends since the have been biased low given that an species possesses life history last assessment, and the only change to increase in biomass was not predicted characteristics that increase its management measures in place since for 2010–2012 by the SEDAR stock susceptibility to depletion, current that time has been the Mexican seasonal assessment model (NMFS, 2011a). abundance levels are sufficient to

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maintain population viability now and processes. Similarly, we did not find the environmental characteristics in any into the foreseeable future; (5) stock that loss of any portion would severely one portion. assessment projections and trends in fragment and isolate the NWA DPS to Additionally, in our evaluation of the catch data and updated fishery- the point where individuals would be potential threats to the species, independent time series indicate precluded from moving to suitable including the likelihood of fishery- increasing abundance of the NWA DPS, habitats or have an increased related mortality, we did not find with spawning stock biomass stabilizing vulnerability to threats. In fact, we information to show that these threats through the foreseeable future; (6) while found no information that would are significantly concentrated or the main threat to the species is fishery- suggest that the remaining populations substantially greater in any specific related mortality from bycatch in U.S. could not repopulate the lost portion. portion of the species’ range. The dusky commercial and recreational fisheries There are very few restrictions shark is susceptible to being caught as and Mexican landings, U.S. bycatch and governing their movements, with bycatch in U.S. commercial and Mexican harvest under existing individuals of the DPS commonly recreational fisheries throughout the management measures has decreased moving between the U.S. Atlantic, U.S. entire extent of its range and is landed and/or stabilized at low levels in recent GOM and Mexican Gulf waters based on in Gulf waters by Mexican fishermen; years, with current levels deemed mark/recapture studies (Kohler and however, we found no information to sustainable through the foreseeable Tuner 2010; Carlson and Gulak, 2012; suggest that increased effort in a certain future; (7) existing regulatory NMFS, unpublished data). Individuals area is leading to a higher risk of mechanisms throughout the DPS’ range, of the species also tend to travel the extinction for that portion. Again, there including the U.S. retention prohibition extent of their range during their are no barriers to the shark’s movement as well as time and area closures in both seasonal migrations (Compango, 1984; and existing management measures U.S. and Mexican waters and strict Musick and Colvocoresses, 1986; Kohler appear adequate in protecting the NWA management of the U.S. line fisheries, et al., 1998; Kohler and Turner, 2010). DPS from extinction throughout all appear effective in addressing the most Areas exhibiting source-sink dynamics, portions of its range. important threat to the species (i.e., which could affect the survival of the In conclusion, we find that there is no exploitation through bycatch mortality species, were not evident in any part of portion of the NWA DPS range that can and harvest); and (8) while the NWA the NWA DPS range. be considered significant under the SPR DPS has declined from historical There is no information that the loss Policy. Therefore, we find that the NWA numbers, there is no evidence that the of genetic diversity from one portion DPS is not presently in danger of species is currently suffering from (such as the Atlantic Ocean) would extinction throughout all or a significant depensatory processes (such as reduced result in the remaining population portion of its range, nor is it likely to likelihood of finding a mate or mate lacking enough genetic diversity to become so in the foreseeable future, choice or diminished fertilization and allow for adaptations to changing and, as such, does not warrant listing at recruitment success) or is at risk of environmental conditions. Dusky sharks this time. extinction due to environmental from all regions show remarkable References variation or anthropogenic similar allelic richness and gene perturbations. Accordingly, the NWA diversity, and within the NWA there A complete list of all references cited DPS of dusky shark does not meet the was no evidence of genetic herein is available upon request (see FOR definition of a threatened or endangered differentiation between dusky sharks FURTHER INFORMATION CONTACT). species, and our listing determination is from waters off the U.S. east coast and that the NWA DPS of dusky shark does Authority the GOM (Benavides et al., 2011; Gray not warrant listing as threatened or et al., 2012). The authority for this action is the endangered at this time. There is also no evidence of a portion Endangered Species Act of 1973, as Significant Portion of Its Range that encompasses aspects that are amended (16 U.S.C. 1531 et seq.). Because we find that the species does important to specific life history events Dated: December 9, 2014. not warrant listing as threatened or but another portion that does not, where Samuel D. Rauch III, endangered throughout its range, we loss of the former portion would Deputy Assistant Administrator for must evaluate whether there is severely impact the growth, Regulatory Programs, National Marine substantial information indicating that a reproduction, or survival of the entire Fisheries Service. portion of the species’ range is both species. EFH areas, which could provide [FR Doc. 2014–29318 Filed 12–15–14; 8:45 am] significant and either threatened or important nursery, breeding, and BILLING CODE 3510–22–P endangered per the Significant Portion feeding grounds, have been identified of its Range Policy (79 FR 37577; July along the length of the U.S. east coast, 1, 2014). However, after a review of the with smaller localized areas in the DEPARTMENT OF COMMERCE best available information, we could not central GOM, southern Texas, the identify a portion of the NWA DPS Florida Panhandle, mid-west coast of National Oceanic and Atmospheric range where its contribution to the Florida, and Florida Keys (NMFS, 2009). Administration viability of the species is so important Given that the environmental RIN 0648–XD611 that, without the members in that characteristics that constitute this EFH, portion, the NWA DPS would be at risk such as warm waters with reduced Fisheries of the Exclusive Economic of extinction, or likely to become so in salinities, nearshore coastal waters, and Zone Off Alaska; North Pacific the foreseeable future, throughout all of waters associated with the continental Groundfish and Halibut Observer its range. The NWA DPS is highly shelf edge, can be found throughout the Program Standard Ex-Vessel Prices mobile throughout its range. Loss of any species’ range, we do not consider them portion of its range would not likely to be limiting factors for the species’ AGENCY: National Marine Fisheries isolate the species to the point where survival. In other words, the viability of Service (NMFS), National Oceanic and the remaining portions would be at risk the species does not appear to depend Atmospheric Administration (NOAA), of extinction from demographic on the productivity of the population or Commerce.

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