Vol. 79 Friday, No. 239 December 12, 2014 Part III Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 224 Endangered and Threatened Wildlife and Plants; Final Endangered Listing of Five Species of Sawfish Under the Endangered Species Act; Final Rule VerDate Sep<11>2014 17:42 Dec 11, 2014 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\12DER3.SGM 12DER3 mstockstill on DSK4VPTVN1PROD with RULES3 73978 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations DEPARTMENT OF COMMERCE 263 13th Avenue South, St. Petersburg, outreach on the proposed rule with the Florida, 33701. The final rule and Department of State to give notice to National Oceanic and Atmospheric citation list are located on our Web site foreign nations where the species are Administration at http://sero.nmfs.noaa.gov/protected_ believed to occur. resources/sawfish/index.html. We are responsible for determining 50 CFR Part 224 FOR FURTHER INFORMATION CONTACT: whether species are threatened or [Docket No 101004485–4999–03] Shelley Norton, NMFS, Southeast endangered under the ESA (16 U.S.C. Regional Office (727) 824–5312 or Dr. 1531 et seq.). To make this RIN 0648–XZ50 Dwayne Meadows, NMFS, Office of determination, we first consider Protected Resources (301) 427–8403. whether a group of organisms Endangered and Threatened Wildlife constitutes a ‘‘species’’ under the ESA, SUPPLEMENTARY INFORMATION: and Plants; Final Endangered Listing then whether the status of the species of Five Species of Sawfish Under the Background qualifies it for listing as either Endangered Species Act On September 10, 2010, we received threatened or endangered. Section 3 of AGENCY: National Marine Fisheries a petition from the WildEarth Guardians the ESA defines a ‘‘species’’ as ‘‘any Service (NMFS), National Oceanic and (WEG) requesting we list six sawfish subspecies of fish or wildlife or plants, Atmospheric Administration (NOAA), species—knifetooth, narrow, or pointed and any distinct population segment of Commerce. sawfish (A. cuspidata), hereinafter the any species of vertebrate fish or wildlife which interbreeds when mature.’’ On ACTION: Final rule. narrow sawfish; dwarf or Queensland February 7, 1996 (61 FR 4722), NMFS sawfish (P. clavata), hereinafter the SUMMARY: and the U.S. Fish and Wildlife Service We, NMFS, issue this final dwarf sawfish; largetooth sawfish (P. (USFWS; collectively, the Services) rule implementing our determination pristis and P. microdon); green sawfish adopted a policy identifying two that the narrow sawfish (Anoxypristis (P. zijsron); and the non-listed elements that must be considered when cuspidata), dwarf sawfish (Pristis population(s) of smalltooth sawfish (P. identifying a DPS: (1) The discreetness clavata), largetooth sawfish (collectively pectinata)—as endangered or threatened of the population segment in relation to Pristis pristis; formerly Pristis pristis, under the ESA; or alternatively, list any the remainder of the species (or Pristis microdon, and Pristis perotteti), distinct population segments (DPS) that subspecies) to which it belongs; and (2) green sawfish (Pristis zijsron), and the exist under the ESA. On March 7, 2011, non-U.S. distinct population segment the significance of the population we published a 90-day finding (76 FR segment to the remainder of the species (DPS) of smalltooth sawfish (Pristis 12308) stating the petitioned action may pectinata) are endangered species under (or subspecies) to which it belongs. As be warranted for five of the six species. stated in the DPS policy, Congress the Endangered Species Act (ESA) of The five species were A. cuspidata, P. 1973, as amended. We also include a expressed its expectation that the clavata, P. microdon, P. zijsron, and the Services would exercise their authority change in the scientific name for non-listed population(s) of P. pectinata. largetooth sawfish in this final rule to with regard to the use of DPSs sparingly Information in our records at the time and only when the biological evidence codify the taxonomic reclassification of indicated that P. pristis, as described in P. perotteti to P. pristis. We are not indicates such action is warranted. the petition, was not a valid species. Section 3 of the ESA defines an designating critical habitat because the Our 90-day finding requested geographical areas occupied by the endangered species as ‘‘any species information to inform our decision, and which is in danger of extinction species are entirely outside U.S. announced the initiation of status jurisdiction and we have not identified throughout all or a significant portion of reviews for the five species. On June 4, its range’’ and a threatened species as any unoccupied areas within U.S. 2013, we published a proposed rule (78 jurisdiction that are essential to the one ‘‘which is likely to become an FR 33300) to list A. cuspidata, P. endangered species within the conservation of any of the five species. clavata, P. pristis (formerly P. pristis, P. We have reviewed the status of the five foreseeable future throughout all or a microdon, and P. perotteti), P. zijsron, significant portion of its range.’’ Thus species of sawfish, considered public and the non-U.S. DPS of P. pectinata as and peer review comments, and we interpret an ‘‘endangered species’’ to endangered. We also included a change be one that is presently in danger of conservation efforts being made to in the scientific name for largetooth protect all five species, and we have extinction. A ‘‘threatened species,’’ is sawfish in the proposed rule to codify not presently in danger of extinction, made our determination based on the the taxonomic reclassification of P. best available scientific and commercial but is likely to become so in the perotteti to P. pristis. The largetooth foreseeable future (that is, at a later data that all five species of sawfish—the sawfish (P. perotteti) was already listed narrow sawfish (Anoxypristis time). In other words, the primary as endangered on July 12, 2011 (76 FR statutory difference between a cuspidata), dwarf sawfish (Pristis 40822), but this listing decision clavata), largetooth sawfish (collectively threatened and endangered species is concerns the entire largetooth sawfish the timing of when a species may be in Pristis pristis; formerly Pristis pristis, (P. pristis) species as it is currently danger of extinction— either presently Pristis microdon, and Pristis perotteti), classified, which also includes the (endangered) or in the foreseeable future green sawfish (Pristis zijsron), and the species formerly classified as P. (threatened). non-U.S. DPS of smalltooth sawfish perotteti and P. microdon. We did not Section 4(a)(1) of the ESA requires us (Pristis pectinata)—are at risk of propose to designate critical habitat to determine whether any species is extinction throughout all of their ranges because the geographical areas occupied endangered or threatened due to any and should be listed as endangered by the species are entirely outside U.S. one or a combination of the following species. jurisdiction and we did not identify any five factors: (A) The present or DATES: This final rule is effective unoccupied areas that are currently threatened destruction, modification, or January 12, 2015. essential to the conservation of any of curtailment of its habitat or range; (B) ADDRESSES: Information regarding this these species. We solicited public and overutilization for commercial, final rule may be obtained by contacting peer reviewer comments on the recreational, scientific, or educational NMFS, Protected Resources Division, proposed rule and also coordinated purposes; (C) disease or predation; (D) VerDate Sep<11>2014 17:42 Dec 11, 2014 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\12DER3.SGM 12DER3 mstockstill on DSK4VPTVN1PROD with RULES3 Federal Register / Vol. 79, No. 239 / Friday, December 12, 2014 / Rules and Regulations 73979 the inadequacy of existing regulatory Sawfish General Species Description Life history data on sawfishes are mechanisms; or (E) other natural or limited. Fertilization is internal by manmade factors affecting its continued Sawfishes are a group of shark-like means of male claspers and existence. We are required to make rays. Taxonomically, they are classified reproduction is ovoviviparous; females listing determinations based solely on in the Family Pristidae (sawfishes), carry eggs with a yolk sac that nourishes the best scientific and commercial data Order Rajiformes (skates, rays, and developing young until they hatch sawfishes), subclass (Elasmobrancii), available after conducting a review of within the body. Sawfishes are born and Class Chondrichthyes (cartilaginous the status of the species and after taking with a gelatinous substance around their fish). The overall body form of into account efforts being made by any rostral teeth to protect the mother sawfishes is similar to sharks, but they state or foreign nation to protect the during birth (Last and Stevens, 1994; are flattened dorso-ventrally. Sawfishes species. Rainboth, 1996; Compagno and Last, are covered with dermal denticles Accordingly, we have followed a 1999; Raje and Joshi, 2003; Field et al., (teeth-like scales) and possess enlarged stepwise approach in making our listing 2009). It is thought that most sawfishes pectoral fins. determinations for A. cuspidata, P. breed every two years and have a clavata, P. pristis (formerly P. pristis, P. The most distinct characteristic of gestation period of about four to five microdon, and P. perotteti), P. zijsron, sawfishes is their large, flat, toothed months (Bigelow and Schroeder, 1953; and the non-U.S.DPS of P. pectinata. rostrum or ‘saw’ with large teeth on Thorson, 1976a). The number of young For the non-U.S. DPS of P. pectinata each side. The rostral teeth are made in a litter varies by species, as does the that may qualify as a DPS, we from calcified tissue that is neither age at sexual maturity. considered biological evidence, such as dentin nor enamel, though it is more similar to the latter (Bradford, 1957).