<<

Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40969

• Mail: General Services Endangered Species Act (ESA) for three www.nmfs.noaa.gov/pr/species/ Administration, Regulatory Secretariat foreign marine species in petition81.htm. (MVCB), ATTN: Ms. Flowers, 1800 F response to a petition to list those FOR FURTHER INFORMATION CONTACT: Street NW., 2nd Floor, Washington, DC species. These three species are the Maggie Miller, NMFS, Office of 20405. (Squatina Protected Resources (OPR), (301) 427– Instructions: Please submit comments aculeata), 8403. only and cite FAR Case 2014–025, in all (Squatina oculata), and common correspondence related to this case. All angelshark (). Based SUPPLEMENTARY INFORMATION: comments received will be posted on the best scientific and commercial Background without change to http:// information available, including the On July 15, 2013, we received a www.regulations.gov, including any status review report (Miller 2015), and petition from WildEarth Guardians to personal and/or business confidential after taking into account efforts being list 81 marine species or subpopulations information provided. made to protect these species, we have as threatened or endangered under the FOR FURTHER INFORMATION CONTACT: Mr. determined that these three angelshark Endangered Species Act (ESA). This Edward Loeb, Procurement Analyst, at species warrant listing as endangered petition included species from many 202–501–0650, for clarification of under the ESA. We are not proposing to different taxonomic groups, and we content. For information pertaining to designate critical habitat because the prepared our 90-day findings in batches status or publication schedules, contact geographical areas occupied by these by taxonomic group. We found that the the Regulatory Secretariat at 202–501– species are entirely outside U.S. petitioned actions may be warranted for 4755. Please cite FAR Case 2014–025. jurisdiction, and we have not identified 24 of the species and 3 of the SUPPLEMENTARY INFORMATION: any unoccupied areas that are currently subpopulations and announced the essential to the conservation of any of initiation of status reviews for each of Background these species. We are soliciting the 24 species and 3 subpopulations (78 DoD, GSA, NASA published a comments on our proposal to list these FR 63941, October 25, 2013; 78 FR proposed rule in the Federal Register at three angelshark species. 66675, November 6, 2013; 78 FR 69376, 80 FR 30548, May 28, 2015. The DATES: Comments on this proposed rule November 19, 2013; 79 FR 9880, comment period is extended to provide must be received by September 14, February 21, 2014; and 79 FR 10104, additional time for interested parties to 2015. Public hearing requests must be February 24, 2014). This document submit comments on the FAR case until made by August 28, 2015. addresses the findings for 3 of those 24 August 11, 2015. ADDRESSES: You may submit comments species: the sawback angelshark (Squatina aculeata), smoothback List of Subjects in 48 CFR Parts 1, 4, 9, on this document, identified by NOAA– angelshark (Squatina oculata), and the 17, 22, and 52 NMFS–2015–0084, by either of the following methods: common angelshark (Squatina Government procurement. squatina). The status of the findings and • Electronic Submissions: Submit all relevant Federal Register notices for the Dated: July 9, 2015. electronic public comments via the other 21 species and 3 subpopulations Edward Loeb, Federal eRulemaking Portal. Go to can be found on our Web site at Acting Director, Office of Government-wide www.regulations.gov/ http://www.nmfs.noaa.gov/pr/species/ Acquisition Policy, Office of Acquisition #!docketDetail;D=NOAA-NMFS-2015- Policy, Office of Government-wide Policy. petition81.htm. 0084. Click the ‘‘Comment Now’’ icon, We are responsible for determining [FR Doc. 2015–17282 Filed 7–13–15; 8:45 am] complete the required fields, and enter whether species are threatened or BILLING CODE 6820–EP–P or attach your comments. endangered under the ESA (16 U.S.C. • Mail: Submit written comments to 1531 et seq.). To make this Maggie Miller, NMFS Office of determination, we consider first DEPARTMENT OF COMMERCE Protected Resources (F/PR3), 1315 East whether a group of organisms West Highway, Silver Spring, MD constitutes a ‘‘species’’ under the ESA, National Oceanic and Atmospheric 20910, USA. then whether the status of the species Administration Instructions: Comments sent by any qualifies it for listing as either other method, to any other address or threatened or endangered. Section 3 of 50 CFR Part 224 individual, or received after the end of the ESA defines a ‘‘species’’ to include [Docket No. 150506424–5424–01] the comment period, may not be ‘‘any subspecies of fish or wildlife or considered by NMFS. All comments plants, and any distinct population RIN 0648–XD940 received are a part of the public record segment of any species of fish and will generally be posted for public Endangered and Threatened Wildlife or wildlife which interbreeds when viewing on www.regulations.gov mature.’’ On February 7, 1996, NMFS and Plants; 12-Month Finding and without change. All personal identifying Proposed Rule To List Three and the U.S. Fish and Wildlife Service information (e.g., name, address, etc.), (USFWS; together, the Services) adopted Angelshark Species as Endangered confidential business information, or Under the Endangered Species Act a policy describing what constitutes a otherwise sensitive information distinct population segment (DPS) of a AGENCY: National Marine Fisheries submitted voluntarily by the sender will taxonomic species (the DPS Policy; 61 Service (NMFS), National Oceanic and be publicly accessible. NMFS will FR 4722). The DPS Policy identified two Atmospheric Administration (NOAA), accept anonymous comments (enter ‘‘N/ elements that must be considered when Commerce. A’’ in the required fields if you wish to identifying a DPS: (1) The discreteness ACTION: Proposed rule; 12-month remain anonymous). of the population segment in relation to petition finding; request for comments. You can find the petition, status the remainder of the species (or review report, Federal Register notices, subspecies) to which it belongs; and (2) SUMMARY: We, NMFS, have completed a and the list of references electronically the significance of the population comprehensive status review under the on our Web site at http:// segment to the remainder of the species

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40970 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

(or subspecies) to which it belongs. As recreational, scientific, or educational of the three angelshark species. Further stated in the DPS Policy, Congress purposes; disease or predation; the details can be found in Miller (2015). expressed its expectation that the inadequacy of existing regulatory Species Descriptions Services would exercise authority with mechanisms; or other natural or regard to DPSs sparingly and only when manmade factors affecting its continued belong to the family the biological evidence indicates such existence. We are also required to make Squatinidae (Order: Squatiniformes) and action is warranted. Based on the listing determinations based solely on are recognized by their batoid shape. scientific information available, we the best scientific and commercial data Species identification of angelsharks is determined that the sawback angelshark available, after conducting a review of mainly conducted through the (Squatina aculeata), smoothback the species’ status and after taking into examination of external characteristics angelshark (Squatina oculata), and account efforts being made by any state (such as dorsal spines, nasal barbels, common angelshark (Squatina squatina) or foreign nation to protect the species. color, etc.), but the is often are ‘‘species’’ under the ESA. There is considered to be problematic since nothing in the scientific literature Status Review several species are morphologically indicating that any of these species The status review for the three similar, with overlapping characteristics should be further divided into angelshark species addressed in this (Vaz and de Carvalho 2013). In 1984, subspecies or DPSs. finding was conducted by a NMFS Compagno (1984) identified and Section 3 of the ESA defines an biologist in the Office of Protected described 12 Squatina species. Since endangered species as ‘‘any species Resources (Miller 2015). In order to 1984, 11 additional Squatina species which is in danger of extinction complete the status review, information have been recognized (Froese and Pauly throughout all or a significant portion of was compiled on each species’ biology, 2014), bringing the present total to 23 its range’’ and a threatened species as ecology, life history, threats, and identified Squatina species. Recent one ‘‘which is likely to become an conservation status from information research suggests there are currently endangered species within the contained in the petition, our files, a undescribed species, indicating that the taxonomy of the angelsharks may still foreseeable future throughout all or a comprehensive literature search, and be unresolved (Stelbrink et al. 2010; Vaz significant portion of its range.’’ We consultation with experts. We also interpret an ‘‘endangered species’’ to be and de Carvalho 2013). considered information submitted by Angelsharks can be found worldwide one that is presently in danger of the public in response to our petition extinction. A ‘‘threatened species,’’ on in temperate and tropical waters. The finding. In assessing extinction risk of three species proposed for listing are the other hand, is not presently in these three species, we considered the danger of extinction, but is likely to found in coastal and outer continental demographic viability factors developed shelf sediment habitats in the become so in the foreseeable future (that by McElhany et al. (2000). The approach is, at a later time). In other words, the Mediterranean Sea and eastern Atlantic. of considering demographic risk factors These species are bottom dwellers and primary statutory difference between a to help frame the consideration of threatened and endangered species is prefer to spend most of their time buried extinction risk has been used in many the timing of when a species may be in in the sand or mud (Compagno 1984). of our status reviews, including for danger of extinction, either presently To feed, they generally lie in wait for Pacific salmonids, Pacific hake, walleye (endangered) or in the foreseeable future prey to approach before attacking pollock, Pacific cod, Puget Sound (threatened). (ambush predators), and, based on their When we consider whether a species rockfishes, Pacific herring, scalloped diet, they are considered to be high might qualify as threatened under the and great hammerhead , and trophic level predators (trophic level = ESA, we must consider the meaning of black abalone (see http:// 4.0; Corte´s 1999). In terms of the term ‘‘foreseeable future.’’ It is www.nmfs.noaa.gov/pr/species/ for reproduction, all three angelshark appropriate to interpret ‘‘foreseeable links to these reviews). In this approach, species are ovoviviparous, meaning future’’ as the horizon over which the collective condition of individual embryos develop inside eggs that hatch predictions about the conservation populations is considered at the species within the female’s body, with young status of the species can be reasonably level according to four demographic born live. However, according to Sunye relied upon. The foreseeable future viability factors: abundance, growth and Vooren (1997), Squatina species considers the life history of the species, rate/productivity, spatial structure/ also have a uterine–cloacal chamber (the habitat characteristics, availability of connectivity, and diversity. These chamber where embryos complete their data, particular threats, ability to predict viability factors reflect concepts that are final development stage) that is open to threats, and the reliability to forecast the well-founded in conservation biology the external environmental through a effects of these threats and future events and that individually and collectively cloacal vent. This anatomical on the status of the species under provide strong indicators of extinction configuration is thought to be the reason consideration. Because a species may be risk. why Squatina species are observed susceptible to a variety of threats for The draft status review report (Miller easily aborting embryos during capture which different data are available, or 2015) was submitted to independent or handling (Sunye and Vooren 1997; which operate across different time peer reviewers; comments and Capape´ et al. 2005). Additional species- scales, the foreseeable future is not information received from peer specific descriptions are provided necessarily reducible to a particular reviewers were addressed and below. number of years. incorporated as appropriate before Squatina aculeata (Cuvier, 1829), the Section 4(a)(1) of the ESA requires us finalizing the draft report. The status sawback angelshark, is distinguished to determine whether any species is review report is available on our Web from other angelsharks by its row of endangered or threatened due to any site (see ADDRESSES section) and the dorsal spines (sword-like bony one or a combination of the following peer review report is available at structure) down the middle of its body, five threat factors: the present or http://www.cio.noaa.gov/services_ with spines also located on the snout threatened destruction, modification, or programs/prplans/PRsummaries.html. and above the eyes. The sawback curtailment of its habitat or range; Below we summarize information from angelshark also has fringed nasal barbels overutilization for commercial, the report and our analysis of the status and anterior nasal flaps on its body

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40971

(Compagno 1984). It can be found on the with the occasional eelgrass and seabird recorded S. aculeata as occurring in the continental shelf and upper slope in (Day 1880; Compagno 1984; Ellis et al. Aegean Sea and Levantine Sea, and depths of 30 m to 500 m, and feeds on 1996; Agri-Food & Biosciences Institute between 2001 and 2004, Saad et al. small sharks, jacks, and benthic 2009; Narva´ez 2012). Gestation for S. (2005) captured the species along the invertebrates, including squatina in the Canary Islands is Syrian coast. and crustaceans (Compagno 1984; estimated to be ±6 months with a 3-year The species is currently reported as Corsini and Zava 2007). Gestation for reproductive cycle (Osaer 2009). ‘‘doubtful’’ or rare in many areas in the the species likely lasts around a year, Elsewhere in its range, gestation period central and western Mediterranean Sea, with litter sizes ranging from 8 to 12 is unknown but possibly lasts from 8 to such as off the Spanish and French pups and size at birth estimated to be 12 months, with potentially a 2-year coasts, within Italian waters, and off around 30 cm–35 cm total length (TL) reproductive cycle (Tonachella 2010; Algeria (Barrull et al. 1999; Capape´ et al. (Capape´ et al. 2005). Squatina aculeata ICES 2014). Litter sizes range from 7 to 2005). In the central Mediterranean, displays sexual dimorphism, with males 25 pups, with size at birth from 24 cm– specifically the Gulf of Gabe`s (Tunisia), maturing at around 120 cm–124 cm TL 30 cm TL (Osaer 2009; Tonachella the species was noted as being abundant and reaching maximum sizes of around 2010). Males mature between 80 cm and in 1978 (Quignard and Ben Othman 152 cm TL, and females maturing at 132 cm TL, with maximum sizes 1978) and ‘‘regularly observed’’ in 2006 larger sizes, around 137 cm–143 cm TL, attained at 183 cm TL, and females (Bradai et al. 2006); however, more and attaining larger maximum sizes (175 mature between 126 cm and 169 cm TL recent studies suggest the species has cm–180 cm TL) (Capape´ et al. 2005; and attain maximum sizes of up to 244 significantly declined in this region and Serena 2005). cm TL (Compagno 1984; Capape´ et al. is now a rare occurrence in Squatina oculata (Bonaparte, 1840), 1990; Quigley 2006; Tonachella 2010). Mediterranean Tunisian waters (Scacco the smoothback angelshark, is In the Canary Islands, Osaer (2009) et al. 2002; Capape´ et al. 2005; Ragonese distinguished from other angelsharks by found length at first maturity (Lm50) for et al. 2013). Although the species had its big thorns (sharp, tooth-like males to be 100.9 cm TL and for females been previously included in inventories structures on the skin) that are present to be 102.1 cm TL, which is a bit smaller of sharks and ray species from the on the snout and above the eyes, a first than the values estimated elsewhere. Maltese Islands (based on unconfirmed that originates well behind Weight of S. squatina has been recorded records; Schembri et al. 2003), recent the pelvic rear tips, and noticeable up to 80 kg (Quigley 2006). surveys conducted in these waters white spots in symmetrical patterns on (Scacco et al. 2002; Ragonese et al. the pectoral fins and body (Compagno Historical and Current Distribution and 2013) cannot confirm its presence. 1984). The species occurs in depths of Population Abundance Squatina aculeata has also seen 20 m to 560 m on the continental shelf Squatina aculeata significant declines in neighboring and upper slopes, but is more Mediterranean waters, such as in the commonly found in depths between 50 The sawback angelshark was Tyrrhenian Sea and Adriatic Sea. Based and 100 m (Compagno 1984; Serena historically found in central and on historical commercial landings data 2005). Squatina oculata generally feeds western Mediterranean waters and in and recent survey data, Ferretti et al. on small fishes, including goatfishes, the eastern Atlantic, from to (2005) concluded that the species has and reaches sizes of at least 145 cm TL . According to Capape´ et al. been extirpated from the northern (males) and 160 cm TL (females) (2005), it has never been recorded in Tyrrhenian Sea since the early 1970s. (Compagno 1984). Gestation likely lasts, Atlantic waters north of the Strait of Similarly, Capape´ et al. (2005) noted at a minimum, around a year, with litter Gibraltar. It was previously assumed to past records of S. aculeata in the sizes ranging from 5 to 8 pups and size be very rare or absent from the eastern Adriatic Sea (dated to 1975); however, at birth around 23 cm–27 cm TL Mediterranean (Capape´ et al. 2005; more recent and extensive bottom trawl (Capape´ et al. 1990, 2002). Maturity is Psomadakis et al. 2009); however, a surveys conducted from 1994–2005 attained at around 71 cm TL for males number of recent studies have throughout the Adriatic Sea have failed and around 90 cm TL for females documented its presence in this region, to locate the species (Jukic-Peladic et al. (Compagno 1984; Capape´ et al. 1990, suggesting possible misidentification of 2001; Ferretti et al. 2013). In contrast, in 2002). the species in historical records. For waters off Libya, the species was Squatina squatina (Linnaeus, 1758), example, in 2007, Corsini and Zava described as relatively common by the the common angelshark, is (2007) reported the first record of the United National Environment distinguished from other angelsharks by species in Hellenic waters of the Programme (UNEP) in 2005 (UNEP- its simple and conical nasal barbels, Southeast Aegean Sea (around Rhodes Mediterranean Action Plan Regional high and wide pectoral fins, small and the Dodecanese Islands). Catch of S. Activity Centre For Specially Protected spines that are present on snout and aculeata has also been reported from the Areas (UNEP–MAP RAC/SPA) 2005); above eyes and may also be present C¸anakkale Strait off Turkey (U¨ nal et al. however, the data on which this down middle of back, and lateral trunk 2010) and from Go¨kova Bay in the statement was based, and present denticles that are very narrow with southern Aegean Sea (Filiz et al. 2005). abundance, are unknown. sharp-cusped crowns (Compagno 1984). The species was also listed as occurring In the western Mediterranean, the Unlike the other two angelshark species, in the Levantine Sea by Golani (1996) only information concerning the S. squatina is generally found in (as reported in Capape´ et al. (2005)), distribution and abundance of S. shallower water, from inshore areas out with the first actual description of a aculeata is the mention of a few to the continental shelf in depths of 5 specimen caught in this area from specimens held in Spanish and French m to 150 m (OSPAR Commission 2010). Iskenderun Bay in 1997 (Basusta 2002); museums (The Global Biodiversity It may also be observed in estuaries and however, by 2004, Golani (personal Information Facility (GBIF) 2013) and a brackish waters (OSPAR Commission communication cited in Capape´ et al. discussion of the Balearic Islands 2010). Squatina squatina has a diet that (2005)) noted that the species was no (Spain) population in the International consists mostly of bony fishes, longer reported in the area. In their Union for Conservation of Nature especially flatfishes, and other demersal updated checklist of marine fishes of (IUCN) Red List assessment of the (skates, crustaceans, molluscs), Turkey, Bilecenog˘lu et al. (2014) species by Morey et al. (2007a).

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40972 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

Specifically, Morey et al. (2007a) d’Analyse des Peˆches (SIAP) project be rare in the central Aegean Sea as suggest that Squatina species (Mika Diop, Program Officer at Sub- Damalas and Vassilopolou (2011) (presumably S. aculeata or S. oculata Regional Fisheries Commission, recorded only one individual during based on fishing depths) were personal communication 2015). Based their analysis of 335 records of bottom commonly caught in the Balearic on the information from these databases, trawl hauls conducted between 1995 Islands until the 1970s, after which S. aculeata was recorded rather and 2006. On the other hand, the captures became more sporadic. By the sporadically and in low abundance in species is characterized as ‘‘prevalent’’ mid-1990s, the species was no longer the surveys since the 1970s, the by Golani (2006) along the observed or recorded from the area exception being a 1997 survey Mediterranean coast of Israel, although (Morey et al. 2007a). conducted off , which recorded the data upon which this In the eastern Atlantic, observed 24 individuals. However, in the surveys characterization was based and the population declines appear to have that followed (conducted from 1999– present abundance are unknown. S. occurred within the past 40 years, 2002; with surveys off Senegal oculata is also reported as occurring in particularly in waters off West . conducted in 1999 and 2000), no S. the Sea of Marmara (Bilecenog˘lu et al. According to a personal communication aculeata individuals were caught, with 2014) and off the Mediterranean Syrian in the Morey et al. (2007a) assessment the last record of the species from the coast (based on survey data from 2001– (from F. Litvinov in 2006), S. aculeata database dating back to 1998. 2004; Saad et al. 2006). In 2015, an was commonly reported in Russian Squatina Oculata individual was landed near Akyaka (Turkey) by local fishermen (Joanna surveys off the coast of West Africa The smoothback angelshark was during the 1970s and 1980s. Similarly, Barker, UK & Europe Project Manager of historically found throughout the Conservation Programmes at Zoological in their 1973 checklist of marine fishes, Mediterranean Sea and in the eastern Hureau and Monod (1973) also referred Society of London, personal Atlantic from Morocco to Angola. The communication 2015). to the species as common in these current distribution and abundance of waters. By the early 1980s, however, the species is not well known. In the There is very little available there were signs of decline based on western Mediterranean, it is possible information on the abundance of this observations of the species. In fact, by that the species has been extirpated species in the eastern Atlantic. The 1985, Mun˜ oz-Chapuli (1985) considered from the Balearic Islands (see discussion IUCN Red List assessment of the species the species to be rare in the eastern for S. aculeata above). Similarly, in the by Morey et al. (2007b) also cites to the Atlantic. This characterization was central Mediterranean, Ferretti et al. same personal communication from M. based on data from 181 commercial (2005) noted the disappearance of the Ducrocq and F. Litvinov, found in the trawls conducted in 0 m–550 m depths entire Squatina genus from the northern assessment of S. aculeata (Morey et al. from 1980–1982 along the northwestern Tyrrhenian Sea in the early 1970s. 2007a), that indicates the species was ° ° African coast (27 N–37 N) and Alboran Between the Maltese Islands and frequently caught by artisanal Sea. Only 28 S. aculeata sharks were Tunisia, Ragonese et al. (2013) noted S. Senegalese fishermen as well as captured, with 25 of them caught off the oculata’s sporadic occurrence based on commonly reported in Russian surveys ° coast of Morocco (between 31 N and shelf and slope trawl data from 1997, off the coast of West Africa 30 years ago. ° 34 N). In waters farther south, Morey et 1998, and 2006, whereas Bradai et al. Hureau and Monod (1973) also referred al. (2007a) indicate that the species was (2006) ‘‘regularly observed’’ the species to the species as ‘‘rather common’’ in frequently caught by artisanal in the Gulf of Gabe`s. Prior to these the eastern Atlantic, from Morocco to Senegalese fishermen 30 years ago (mid- surveys, Capape´ et al. (1990) had Angola. During 1981–1982, a Norwegian 1970s), with catches now very rare suggested that the Gulf of Tunis research vessel conducted trawl surveys according to artisanal fishermen and (Tunisia) was likely a nursery area for off West Africa, from Aghadir to Ghana, observers of the industrial demersal S. oculata based on trawl catch data. In to examine the composition and trawl fleets (Morey et al. (2007a) citing 2005, UNEP reported the species as biomass of fish resources in this region. a personal communication from M. being relatively common in Libyan Squatina oculata was the only Squatina Ducrocq). Similarly, Capape´ et al. (2005) waters but provided no corresponding species caught during these surveys, noted that the species was relatively citation or data to support this statement with catch rates of 45.6 kg/hour off the abundant off the coast of Senegal and or further information regarding coast of Gambia, 13.4 kg/hour off Sierra was landed throughout the year; but, in abundance in the Mediterranean Sea Leone, and 12.4 kg/hour off Liberia recent years, Senegalese fishermen have (UNEP–MAP RAC/SPA 2005). The (Str20 as part of the Syste`me d’Information et Zava 2007). The species also appears to individuals, primarily from surveys

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40973

conducted off the coast of Senegal. The indicate that abundance started to Ferretti et al. (2005) noted the last record of the species from the data decline. Specifically, annual numbers of disappearance of the entire Squatina dates back to 2002. S. squatina (weighing >22.68 kg) caught genus from the northern Tyrrhenian Sea by rod and line gear significantly in the early 1970s. In 2005, UNEP Squatina Squatina decreased when compared to the reported the species as being relatively The common angelshark is the most previous 50 years, and from 1997–2001, common in Libyan waters; however, the northerly distributed of the three only 16 angelsharks were caught by the data on which this statement was based angelshark species discussed in this tagging program, despite no change in are unknown. Bradai et al. (2006) also finding. Its historical range extended tagging effort (Quigley 2006; ICES 2014). reported that the species was ‘‘regularly along the eastern Atlantic, from Since 2006, only one individual has observed’’ in the Gulf of Gabe`s; Scandinavia to Mauritania, including been caught and tagged (ICES 2014). however, the only available data from the Canary Islands, and the The species is now extremely rare off this region comes from surveys Mediterranean and Black Seas. the west coast of Ireland, with no conducted off the southern coasts of Throughout most of the northeastern reported recaptures of tagged sharks Sicily and northern coasts of Tunisia Atlantic, S. squatina was historically since 2004. However, in October 2013, and Libya. In contrast to the Bradai et frequently encountered. As Day (1880) an angler reported catching (and al. (2006) characterization of the reported, the species was common releasing) an angelshark in Tralee Bay, abundance of the species, trawl surveys within the North Sea and English confirming that the species still exists in conducted from 1995–1999 in the Strait Channel, especially along the southern these waters. of Sicily recorded S. squatina near Cape coasts of Kent, Sussex, and Hampshire. Similarly, in other areas of the Bon, Tunisia with a biomass that It was also regularly observed in the northeastern Atlantic, survey data on S. comprised only 1 percent of the total Firth of Clyde after gales (Day 1880). squatina suggest very low present elasmobranch catch (Scacco et al. 2002). Hureau and Monod (1973) noted its abundance. For example, Ellis et al. Ragonese et al. (2013) confirmed the occurrence from the western and (1996) analyzed data from 550 bottom rarity of this species, reporting only one southern North Sea, and in trawls conducted throughout the captured individual from their analysis Scandinavian waters in the Skagerrak northeastern Atlantic (with survey focus of extensive survey data collected and Kattegat. The authors characterized in the Irish Sea) between 1981 and 1983 between the southern coasts of Sicily the species as common over 40 years and found only 19 S. squatina sharks, and northern coasts of Africa (Tunisia ago, except in the most northern and comprising 0.6 percent of the total and Libya) from 1994 to 2009. The fish eastern parts of its range. Pethon (1979) elasmobranch catch. Analysis of more was caught at a depth of 128 m in 2005, also documented the presence of the extensive bottom-trawl survey datasets, close to the Maltese Islands. More species in waters off Norway (first covering the period of 1967–2002 and recently, in 2011, an artisanal fishing record in 1929; second record in 1979), with sampling in the North Sea (1967– vessel caught an S. squatina in a describing the species as rare in 1990; 2001–2002), Celtic Sea (1982– trammel net off the coast of Mazara del Scandinavian waters but regularly 2002), Eastern English Channel (1989– Vallo (southwestern Sicily), marking the observed in the southern part of the 2002), Irish Sea (1988–2001), and first documented occurrence of S. North Sea and around the British Isles. Western English Channel (1990–2001), squatina in over 30 years off the coast However, comparisons of historical and failed to record any S. squatina of southern Sicily (Giusto and Ragonese current catch and survey data on S. individuals (Ellis et al. 2004). However, 2014). squatina suggest significant declines in in 2009, one S. squatina shark was abundance of the species throughout its captured in Cardigan Bay, four sharks In the eastern Mediterranean, S. range in the northeastern Atlantic, with were collected off Pembrokeshire squatina is rare but present. In 2008, possible extirpations of the species from (Wales) near the entrance to St. George’s three S. squatina individuals were the western English Channel (near Channel (two in 2007 and two in 2010), recorded in Egypt from commercial Plymouth), North Sea, and Baltic Sea and recent (2015) reports on social landings in western Alexandrian waters (although adult S. squatina were always media networks of S. squatina catches (Moftah 2011). Within Turkish Seas, considered to be rare in these waters; provide some evidence of the Kabasakal and Kabasakal (2014) report HELCOM 2013) (Morey et al. 2006; contemporary presence of the species in that S. squatina comprised 1.1 percent OSPAR Commission 2010; McHugh et the Irish Sea and nearby waters (ICES of the total number of elasmobranchs (n al. 2011; ICES 2014). 2013; ICES 2014; J. Barker, pers. comm. = 4632) caught between 1995 and 1999, In Irish waters, historical records 2015). and 0.46 percent of the total shark (dating back to 1772) suggest the species Similar to the trend in the catches (n = 1068) between 1995 and was regularly observed off the southern northeastern Atlantic, S. squatina 2004 in the northern Aegean Sea. In and western coasts of Ireland (Dr. populations have declined throughout their updated checklist of marine fishes Declan Quigley, Sea Fisheries Protection the Mediterranean Sea, with possible of Turkey, Bilecenog˘lu et al. (2014) Authority, personal communication local extirpations in the Black Sea, record S. squatina as occurring in the 2015). In fact, in the1960s, S. squatina Adriatic Sea, and northern Tyrrhenian Black Sea (although the reference dates were caught in large numbers off the Sea (Jukic-Peladic et al. 2001; Ferretti et back to 1999), Sea of Marmara, Aegean west coast of Ireland, in Tralee Bay al. 2005; Morey et al. 2006; OSPAR Sea, and Levantine Sea. Kabasakal and (County Kerry), by recreational anglers Commission 2010; Ferretti et al. 2013). Kabasakal (2014) also confirmed the competing in fishing tournaments. Data In the central Mediterranean, S. presence of S. squatina in the Sea of from a marine sport fish tagging squatina was commonly recorded in Marmara but remarked on its rarity in program in Ireland also suggests the historical faunistic lists (Giusto and these waters. In the Levantine Sea, species was rather common in these Ragonese 2014). The species was Bulgurog˘lu et al. (2014) reported the waters, with 320 angelsharks caught, reported in the Gulf of Naples in capture of an S. squatina individual in tagged, and released in Tralee and Clew historical records dating back to 1871 2013 by a commercial trawl vessel from Bays (Ireland) from 1987–1991. through at least 1956 (Tortonese 1956; a depth of 50 m in Antalya Bay However, by the late 1990s, data from Psomadakis et al. 2009) and in the (southern Turkey), Hadjichristophorou angler catches and the tagging program Adriatic Sea (Tortonese 1956). However, (2006) characterized the species as

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40974 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

occasionally occurring in Cyprus fishery past 3 years (n = 1,253 total trips) 2005; OSPAR Commission 2010; records, and Saad et al. (2006) captured (Miller 2015). EVOMED 2011). the species along the Syrian coast In the northern parts of its range, S. Summary of Factors Affecting the Three during surveys conducted from 2001– squatina is thought to undertake Angelshark Species 2004. Additionally, Soldo (2006) notes seasonal migrations, sometimes of large the presence of the species in the Available information regarding distances, moving inshore for the Adriatic Sea but the information used to historical, current, and potential threats summer and out to deeper water in the support this assertion is unclear, as the to these three angelshark species was winter (Day 1880; OSPAR Commission species has not been reported in survey thoroughly reviewed (Miller 2015). We 2010; ICES 2014). However, for the most data from these waters since 1958 find that the main threat to these species part, results from tagging studies (Ferretti et al. 2013). is overutilization for commercial and conducted in the northeastern Atlantic Presently, the only part of its range recreational purposes. We consider the indicate these sharks remain in waters where S. squatina is confirmed as still severity of this threat to be exacerbated close to their initial tagging location relatively common is off the Canary by the species’ natural biological (Quigley 2006). Similarly, in Islands (Mun˜ oz-Chapuli 1985; OSPAR vulnerability to overexploitation, which Mediterranean waters, S. squatina do Commission 2010). Much of the has led to declines in abundance and not appear to stray far from a core area, information on S. squatina presence and subsequent extirpations and range with tagged fish recaptured 10–44 km abundance from this area is derived curtailment. We find current regulatory from their release site (Quignard and measures inadequate to protect these from diver observational data. In 2013, Capape´ 1971; Capape´ et al. 1990). This species from further overutilization. the Zoological Society of London (ZSL), available tagging information suggests Hence, we identify these factors as Universidad de Las Palmas de Gran that S. squatina exhibit potentially high additional threats contributing to the Canaria (ULPGC) and Zoological site fidelity, which increases their species’ risk of extinction. We Research Museum Alexander Ko¨nig susceptibility to local extirpations and summarize information regarding these (ZFMK) created the ‘‘Angel Shark has likely led to the observed loss of threats and their interactions below, Project’’ (ASP), which has gathered populations throughout large portions of with species-specific information where public sighting data of angelsharks its range. At this time, there is no available, and according to the factors through the creation of a citizen science genetic information available that could specified in section 4(a)(1) of the ESA. sighting scheme called Poseidon provide insight into natural rates of Available information does not indicate dispersal and genetic exchange among (www.programaposeidon.eu) (Joanna that disease, predation or other natural populations. However, based on Barker, UK & Europe Coordinator or manmade factors are operative threats information that S. squatina are Conservation Programmes, ZSL, on these species; therefore, we do not ovoviviparous (lacking a dispersive personal communication 2014). Since discuss these factors further in this larval phase) and likely exist as the launch of the Poseidon portal in finding. See Miller (2015) for a full potentially isolated populations in a April 2014, there have been 624 discussion of all ESA Section 4(a)(1) highly fragmented landscape, re- validated records (sightings of threat categories. colonization of the extirpated areas angelsharks), covering areas with no mentioned above may not be possible. previous records such as El Hierro and The Present or Threatened Destruction, This curtailment of historical range La Palma (Meyers et al. 2014; Meyers, Modification, or Curtailment of Its Habitat or Range ultimately translates to a significant loss pers. comm. 2015; also see reported of suitable habitat for the species and sightings on the ASP Web site, available Based on the evidence of S. squatina greatly increases the species’ risk of at http://angelsharkproject.com/). extirpations in many parts of its range extinction. Currently, 22 dive centers are actively (see discussion in Historical and A curtailment of historical range is reporting angelsharks (J. Barker, pers. Current Distribution and Population much less evident for the other two comm. 2014); however, a few dive Abundance), there has been a significant species, where data are severely limited. centers have been collecting curtailment of the species’ historical The IUCN Red List reviews of S. observational data even prior to the range, most notably in the northeastern aculeata and S. oculata suggest these creation of the Poseidon portal. For Atlantic. In 2008, the International two species are now rare or even absent example, the ‘‘Davy Jones Diving’’ dive Council for the Exploration of the Sea from most of the northern center, in Gran Canaria, has collected (ICES) acknowledged that S. squatina Mediterranean coastline (Morey et al. data on angelshark sightings in the ‘‘El was extirpated in the North Sea 2007a, b). Many historical records Cabron’’ or Arinaga Marine Reserve (although stated it may still occur in simply document the presence of these since 2006. Narva´ez et al. (2008) parts of the English Channel) and from species in certain locations, with no analyzed these dive data for the period parts of the Celtic Seas (ICES 2014), corresponding information on of May 2006 through August 2008 and defining the term ‘‘extirpated’’ as ‘‘loss abundance or distribution. Only a few found that 271 angelsharks were sighted of the species from part of the main references provide subjective over the course of 1,709 dives. Sightings geographical range or habitat, and descriptions of historical abundance, included both females and males (with therefore . . . distinguished from a and only from select areas (i.e., Balearic a sex ratio of 1:1.6) as well as juveniles contraction in the range of a species, Islands, Gulf of Gabe`s, Libya, Israel, and (9 percent of the sightings) and adults. where it has been lost from the fringes Senegal; see Historical and Current The Davy Jones Diving dive center of its distribution or suboptimal Distribution and Population Abundance continues to log sightings of angelsharks habitat.’’ The species is also believed to section). However, based on the absence and other species on its Web site. be extirpated from the Baltic Sea and of the species in relatively recent and Analysis of the log data from January 1, western English Channel in the repeated surveys in areas where they 2011 through December 29, 2014 shows northeastern Atlantic, from the Adriatic, were once historically documented, it is that angelsharks are still frequently Ligurian and Tyrrhenian Seas in the possible that both species may have observed in the Arinaga Marine Reserve, Mediterranean, and from the Black Sea experienced a curtailment of their with sightings recorded on 35 percent of (Rogers and Ellis 2000; Jukic-Peladic et historical range. For S. aculeata, the the dive trips off Gran Canaria over the al. 2001; Dulvy et al. 2003; Ferretti et al. available information suggests it may no

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40975

longer be found in the Adriatic Sea abandoned drilling off the Canary seine net from Start Bay and left to die (Jukic-Peladic et al. 2001; Ferretti et al. Islands in January 2015 (Bjork 2015). on shore. In Italy, historical fishing gear 2013) or central Aegean Sea (where the Predicted impacts to angelshark called ‘‘squaenara’’ or ‘‘squadrara’’ were species was likely historically rare; habitats from climate change were also purposely built to catch angelsharks Damalas and Vassilopolou 2011), and is evaluated. The effects of climate change (EVOMED 2011), suggesting a level of also missing from the Ligurian and are a growing concern for fisheries abundance that would warrant Tyrrhenian Seas (where it was caught by management, as the distributions of specialized gear and targeting of the local fishermen and also part of many marine organisms are shifting in species. Similarly, in French waters, commercial landings in the 1970s; response to their changing environment. angelsharks were so common that Ferretti et al. 2005; EVOMED 2011), and Factors having the most potential to Arcachon fishermen would also use a off the Balearic Islands (where affect marine species are changes in special net designed specifically for angelsharks were historically common; water temperature, salinity, ocean catching them. These fishermen, who Morey et al. 2007a). For S. oculata, the acidification, ocean circulation, and sea fished on the continental shelf in species may no longer be found in the level rise. However, based on a study Arcachon Bay and the Bay of Biscay, Aegean Sea (Damalas and Vassilopolou published by Jones et al. (2013), it would rope the tails of the species with 2011), Ligurian and Tyrrhenian Seas appears that angelsharks, at least in a string attached to a type of wooden (Ferretti et al. 2005; EVOMED 2011), United Kingdom (UK) waters, may not buoy and would bring the live shark and off the Balearic Islands (Morey et al. be especially vulnerable to these back to shore. By the mid-19th century, 2007a), where its historical abundance impacts. According to the authors’ annual catches of S. squatina totaled in these areas mirrors that of S. climate model projections, any negative around 25,000 kg per year (Laporte 1853 aculeata. Similar to the case with S. impacts from a range shift due to cited by Que´ro and Cendrero 1996 and squatina, these local extirpations and climate change would likely be offset by Que´ro 1998). The angelshark was population declines have likely resulted an increase in availability of protected historically marketed for its flesh in patchy distributions of both S. habitat areas for the common (which was consumed or used for a aculeata and S. oculata populations angelshark. In addition, the range shift variety of purposes, including: with low connectivity and loss of would also shrink the angelshark’s Medicine, bait, polish for wood and suitable habitat, increasing the species’ overlap with other commercially- ivory, cover for hilts of swords, and risks of further extirpations and possibly targeted species, thus potentially sheaths for knives), liver for oil, and leading to complete extinction. decreasing their occurrence as carcass for fishmeal (Day 1880; Edwards during commercial fishery operations. We investigated additional habitat- et al. 2001; Saad et al. 2006; Shark Trust We found no other information specific threats to the three angelshark 2010; ICES 2014; D. Quigley, pers. regarding the response of Squatina species, including the impacts of comm. 2015 citing Rutty (1772)). This species to the impacts of climate demersal trawling on habitat exploitation continued for much of the change. Therefore, at this time, the best modification, deep-water oil exploration 19th and early 20th centuries, during available information does not suggest projects, and climate change; however, the time when demersal trawl fisheries that habitat modification or destruction we found no information to indicate saw significant expansion in the by demersal trawling activities, deep- these are operative threats that are northeast Atlantic and Mediterranean. water oil exploration projects, or climate increasing the species’ risks of Because angelsharks are sedentary, change contributes significantly to the bottom-dwelling species, they are highly extinction. Although significant extinction risk of these species. demersal trawling occurred and susceptible to being caught in trawl continues to occur throughout the range Overutilization for Commercial, fisheries. Consequently, as demersal of the Squatina species (Sacchi 2008; Recreational, Scientific, or Educational trawling activities expanded with the FAO 2013), and has likely altered Purposes use of steam-powered trawlers in the seafloor morphology (Puig et al. 2012), Based on catch records and anecdotal 1890s, angelshark populations began to there is no information that this habitat reports, the Squatina species were experience significant declines. modification has had a direct effect on historically regularly observed and For S. squatina, the comparison of the abundance of these three species, or landed in many areas of their respective historical and current catch and survey is specifically responsible for the ranges. For example, S. squatina (which data provide evidence of this clear curtailment of range of any of the was historically called ‘‘monkfish’’ decline from overutilization. In Squatina species. The species’ broad before anglerfish entered the market) Arcachon Bay and the Bay of Biscay, for diets of benthic invertebrates and fishes was commonly recorded on the example, where S. squatina was once from soft-sediment habitats means they southern and eastern English coasts, commonly caught in the mid-19th are likely relatively resistant and western and southern coasts of Ireland, century, annual landings have resilient to changes in their habitats. within the North Sea, on the Dogger decreased by over 95 percent compared In 2012, there was concern regarding Bank, in the Bristol Channel, in the to historical landings data, with only potential oil spill impacts on the S. Firth of Clyde, and in the Mediterranean 291 kg of the species recorded caught in squatina habitat around the Canary Sea during the 19th and early 20th 1996 (Que´ro 1998). Similarly, in the Islands because the Spanish government centuries (Day 1880; Ferretti et al. 2005; western English Channel, where Day had approved a deep-water oil Morey et al. 2006; D. Quigley, pers. (1880) noted the species was frequently exploration project off the coasts of comm. 2015). In UK waters in the late captured by trawls and taken in trammel Fuerteventura and Lanzarote (Navı´o 19th century, Day (1880) noted that the and seine nets in the late 19th century, 2013). However, based on the 2014 species was taken off the coasts of Kent, S. squatina has since seemingly exploratory drilling in the region, Sussex, Hampshire, and Swansea, disappeared. Based on data from Repsol (the Spanish oil company in frequent in Cornwall, and common ‘‘at multiple research trawl surveys, charge of the project) determined that all times’’ along the southern coast of conducted from 1989–1997 and 2008– the area ‘‘lacked the necessary volume Devon, documenting a personal 2009 and in waters where historical and quality [of methane and hexane observation of finding 26 common surveys previously recorded the species, gases] to consider future extraction’’ and angelsharks that had been pulled in by S. squatina was notably absent (Rogers

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40976 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

and Ellis 2000; McHugh et al. 2011). was not until the beginning of the 20th basis until the mid-1980s. The timing of Numerous other surveys provide similar century when fishermen began focusing the observed depletion in the Squatina evidence of declines and on exploiting demersal resources populations coincides with the fast disappearances (see Historical and (Ferretti et al. 2005). As technology growth in bottom trawling fishing effort Current Distribution and Population advanced in the 1930s, the fishery in the Balearic Islands, where growth Abundance section), indicating that S. improved, and by 1960, Ferretti et al. (estimated in terms of vessel engine squatina has essentially declined to the (2005) estimated that the fleet was power (HP)) exponentially increased point where it is now extirpated in a exploiting approximately 90 percent of from around 5,000 HP in the mid-1960s number of areas of its historical range the Tuscan Archipelago (∼ 13,000 km2), to over 20,000 HP by the early 1980s where it was previously common, and is with the majority of trawl effort (Coll et al. 2014). The depths at which rarely observed or caught throughout concentrated in depths less than 400 m. these trawlers fished also got the rest of its range (Barrull et al. 1999; Although the historical abundance of progressively deeper over this time Ferretti et al. 2005; Morey et al. 2006; the Squatina species in this region is period due to increases in ship Psomadakis et al. 2009; McHugh et al. unknown (which could provide insight technology and gear. From 1940–1959, 2011; Dell’Apa et al. 2012). into the likelihood of the species in around 85 percent were trawling in It is likely that S. aculeata and S. landings and survey data), given the shallow grounds of 40–150 m depths, oculata were also negatively impacted history of the fishery, area of operation and 15 percent in 40–800 m depths by these demersal trawlers, given their of the Tuscan fleets, and coverage of the (EVOMED 2011). Between 1960–1979, similar behavior and overlapping recent trawl surveys, it is likely that more fishermen were exploiting deeper ranges; however, information regarding historical overutilization of the waters, with 44 percent strictly fishing their relative historical abundance and/ angelshark species has occurred as a in the shallow grounds, 30 percent or frequency throughout their respective result of the expansion of the trawl fishing in depths of 40–800 m, and 17 ranges, which could provide insight into fisheries. This overutilization has percent in 200–800 m depths (EVOMED population trends and impacts of this ultimately led to the observed 2011). Although S. aculeata and S. extirpation of the Squatina species from utilization, is less certain. Instead, much oculata could have potentially used the region. The decline and subsequent of the information, at least from deeper waters as a refuge from fishing extirpation is further corroborated by Mediterranean waters, is primarily in mortality during the 1940s and 1950s interviews with fishermen who used to the form of presence/absence on shark (as their depth distribution extends from trawl in the Ligurian and Tyrrhenian inventory lists for different countries or 20–30 m to over 500 m), by the 1960s Seas. According to their personal general characterizations of the species and 1970s, these deeper waters were no (with the most recent characterizations observations, the Squatina spp. were already reduced in numbers by the longer safe from exploitation. Squatina dated almost 10 years ago), with no squatina likely experienced the highest corresponding data or information on 1960s and 1970s (during the surge in fishing effort and capacity), with the last level of fishing mortality as this species abundance, the rationale behind the is found in much shallower depths, characterization, or recent updates on catches of the species from these seas from 5—150 m, and therefore was the status or presence of these species remembered as occurring in the early accessible to the trawl fishermen during from those areas. However, with this 1980s (EVOMED 2011). Fishermen that this entire time period. Since the mid- information, we at least have evidence trawled off the Sardinian coast also 1990s, these species have not been of the presence of these species in noted the progressive decline in recorded in fishery records (Morey et al. certain areas in the past and can rely on abundance of the Squatina spp. during survey data for indications as to the these years of fishery expansion, with 2007a; EVOMED 2011). In addition, the present status of these species. the disappearance of the species from Squatina species are notably absent in Examining the extent of coverage of Sardinian waters occurring in the mid- recent data from multiple fishery- recent surveys and evaluating the 1980s (EVOMED 2011). independent studies that aimed to potential impact of historical fishing Similar conclusions can be made characterize the demersal elasmobranch effort can allow for reasonable regarding the present status of the assemblage off the Balearic Islands. conclusions to be drawn regarding Squatina species off the Balearic Islands These studies analyzed bottom trawl utilization of these species. For by comparing historical survey data collected from the example, Ferretti et al. (2005) concluded characterizations of these species and continental shelf and slope of the that the Squatina species have been fishing effort to recent fishery- Balearic Islands in depths of 41 m down extirpated from off the Tuscan coast independent survey data. Historically, to 1713 m, and covering the years of since the early 1970s. This conclusion Morey et al. (2007a) suggested that 1996, 1998, and 2001 (Massutı´ and was based on the fact that the Squatina Squatina species (presumably S. Moranta 2003; Massutı´ and Ren˜ ones species (specifically S. aculeata and S. aculeata or S. oculata based on fishing 2005). No Squatina species were squatina) were formerly present in depths) were commonly caught in the recorded from the trawl hauls despite commercial landings data (although of Balearic Islands, pointing to evidence of the overlap of the surveyed area with unknown magnitude) and all three a special type of fishing net that was the observed depth range of the species. species were absent in recent trawl used for catching angelsharks in this Therefore, given the historical fishing surveys. The trawl surveys were area. These species were frequently effort in this area, the timing of the extensive, covering the continental shelf caught in the coastal artisanal fisheries observed declines in the angelshark and upper slope of the Tuscan coast, and also by the trawl and bottom populations, and the recent absence of from 0 to 800 meters depth, with 88 longline fisheries until the 1970s, after the Squatina species from both fishery tows conducted from 1972–1974 and which captures became more sporadic records and fishery-independent survey 1,614 tows between 1985 and 2004 (Morey et al. 2007a). Morey et al. data, it seems reasonable to conclude (Ferretti et al. 2005). In terms of (2007a) also reference records from a that historical overutilization of these historical fishing effort, the Tuscan lobster gillnet fishery operating in the angelshark species has led to the fishery had been active for many years Balearic Islands that showed it was observed extirpation of these species prior to the 20th century; however, it common to catch angelsharks on a daily from this area.

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40977

Larger surveys, covering vast regions replaced by smaller, more opportunistic Squatina squatina was still notably of the Mediterranean, have also species, a strong indicator of absent, with the last survey record of the provided valuable insight regarding the overutilization of these larger species from these waters dated to 1958 impacts of historical utilization on the elasmobranchs by commercial fisheries (Ferretti et al. 2013). Squatina species. For example, from (Rogers and Ellis 2000; Damalas and In addition to these fishery- 1985 to 1998, scientific trawl surveys (as Vassilopoulou 2011; McHugh et al. independent survey data, analyses of part of the Italian Gruppo Nazionale 2011). For instance, in the central commercial landings data also indicate Risorse Demersali (GRUND) project) Aegean Sea, a major fishing ground for that historical overutilization were conducted in all Italian seas using the Greek bottom trawl fishery fleet, throughout the northeast Atlantic and typical Italian commercial trawl gear. Damalas and Vassilopoulou (2011) Mediterranean has led to a general However, S. aculeata and S. oculata noted a significant decrease in decline in the abundance of demersal were notably absent from the survey chondrichthyan species richness along shark and ray species. For example, in data (9,281 hauls over 22 surveys; with a decline in their abundance from an analysis of Italian landings data, Morey et al. (2007a,b) citing Relini et al. 1995 to 2006. Specifically, the authors Dell’Apa et al. (2001) noted that 2001). More expansive surveys, covering analyzed data collected from 335 elasmobranch landings were fairly waters from Alboran to the Aegean, commercial bottom trawl hauls steady until the 1970s, at which point were conducted as part of the conducted in depths between 50 m and they began to increase, reaching peaks Mediterranean International Trawl 339 m from 1995 to 2006 (2001–2002 in 1985 and 1994 and then sharply Survey (MEDITS) program. This was excluded). A total of 217 species declining, which the authors attribute to program aimed to provide information (141 bony fishes, 24 mollusks, 22 overharvesting. Between 1983 and 1994, on the status of demersal resources crustaceans, and 30 chondrichthyan mean annual elasmobranch landings ± within the Mediterranean region species, including S. aculeata (n = 3) were 10,583 2,599 t compared to 2,014 ± (Bertrand et al. 1997). Numerous and S. oculata (n = 1)) were recorded 1681 t between 1996 and 2004, a time surveys were conducted along the from these hauls. However, in the last period that also showed a consistent Mediterranean coastline, in 10 m to 800 4 years of the study (2003–2006), S. annual decrease in catch per unit effort. m depths, but also failed to find S. aculeata and S. oculata were absent Similarly, in the English Channel, oculata and had very few observances of from trawl catches, along with 9 other landings of elasmobranchs have the other Squatina species (Baino et al. chondrichthyan species (over a third of declined steadily since the 1950s, with 2001). Out of the 6,336 tows conducted the total). The authors estimated that an overall decrease in high trophic level from 1995–1999, S. aculeata appeared species richness declined by an average species (such as gadoid fishes and in only one tow (from the Aegean Sea) of 0.66 species per year during the study elasmobranchs) and an increase in low and S. squatina appeared in two (from period (with a more rapid decline trophic level species (such as western Mediterranean: Defined as exhibited from 1995–2000 compared to invertebrates), indicative of coasts of Morocco, Spain and France) 2003–2006). They attributed the decline unsustainable fisheries that are ‘‘fishing (Baino et al. 2001). Similarly, the in part to the intense fishing pressure by down marine food webs’’ (Molfese et al. Mediterranean Large Elasmobranchs the Greek bottom trawl fishery and the 2014). For areas where landings of Monitoring (MEDLAM) program, which vulnerability of certain species, such as Squatina species have been recorded (down to species level), the data show was designed to monitor the captures angelsharks, to exploitation (Damalas a similar trend. For example, in the and sightings of large cartilaginous and Vassilopoulou 2011). Celtic Sea, French landings of S. fishes occurring in the Mediterranean In the Adriatic Sea, a number of squatina appear to have declined after Sea, also has very few records of the fishery-independent trawl surveys peaking in the 1970s (when annual Squatina species in its database. Since covering the entire basin have been landings >25 t), falling to less than 1 t its inception in 1985, the program has conducted since 1948, allowing for an per year by the late 1990s (ICES 2013). collected around 1,866 records of more examination of the impact of historical Similarly, aggregated landings data of than 2,000 specimens from 20 exploitation on the Adriatic Sea the genus Squatina from Portuguese participating countries. Out of the 2,048 demersal fish assemblage (Ungaro et al. fisheries statistics also show a elasmobranchs documented in the 1998; Jukic-Peladic et al. 2001; Feretti et decreasing trend over the last 20 years database through 2012, there are records al. 2013). Comparing trawl catch from (personal communication from R. identifying only 6 individuals of S. surveys conducted in 1948 and 1998, Coelho to Morey et al. (2006)); however, oculata, 4 of S. squatina, and 1 of S. Jukic-Peladic et al. (2001) found a no information is known regarding the aculeata. Given that fishing effort by the decrease in overall elasmobranch corresponding effort or other factors Mediterranean trawl fleet is estimated to diversity and occurrence. Larger shark such as changes in retention/discarding have peaked in the mid-1980s (based on and ray species that were present in practices (R. Coehlo, personal trends data from areas in the Catalan, 1948, including S. squatina, were rare communication, 2014). Ligurian, Tyrrhenian, western Adriatic, or, in the case of S. squatina, completely Off the west coast of Ireland, Ionian, and Aegean Seas; EVOMED absent in 1998 (Jukic-Peladic et al. recreational fishermen observed a 2011), the rarity and absence of the 2001). The authors attribute the decline in rod-caught S. squatina Squatina species in survey data extirpation of many species, including beginning in the late 1990s. In fact, following this period suggests that the S. squatina, and the displacement of the since 2006, only two individuals have historical level of fishing effort likely larger elasmobranchs by smaller sized been caught in these waters. The decline resulted in substantial declines and species to the overutilization of the in this S. squatina population, to the significant overutilization of the species. Adriatic Sea demersal resources (Jukic- point where the species is now Many of these surveyed areas have Peladic et al. 2001). A comparison of extremely rare, has been attributed to also seen a shift in species composition more recent bottom trawl survey data to both the historical recreational angling and richness since the expansion of the the 1948–1949 survey data indicate that of the species as well as the operations trawl fisheries. Historically abundant the abundance of sharks in the Adriatic of commercial trammel net fishermen in larger elasmobranch species, including Sea has declined by 95.6 percent over this area (D. Quigley, pers. comm. 2015). angelsharks, have seemingly been the past 57 years (Ferretti et al. 2013). In the1960s, S. squatina were regularly

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40978 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

caught in Tralee Bay by recreational Regional Fisheries Commission (SRFC) fishing gear (GFCM 2015). These anglers competing in fishing member countries: Cape-Verde, Gambia, Mediterranean trawlers operate in tournaments. Pictures from some of , Guinea-Bissau, Mauritania, depths of up to 800 m but normally these competitions, found online in the Senegal, and Sierra Leone, Diop and conduct hauls in less than 300 m Kennelly Archive (http:// Dossa (2011) state that the shark (Sacchi 2008), which overlaps with the www.kennellyarchive.com/), depict the fisheries and trade spread throughout depth range of the Squatina species. extensive catch of S. squatina during this region in the 1980s and 1990s with These trawlers also tend to participate these tournaments and highlight the the development of a market and in multi-species fisheries, meaning they especially large individuals that were increasing worldwide demand for shark are not just targeting one species but caught (with all fish brought ashore). fins. The number of boats and people rather catching hundreds of different For example, pictures from a June 1964 entering the fishery, as well as species during operations, posing a sea angling competition show a ‘‘record improvements to fishing gear, steadily significant risk to non-targeted demersal catch,’’ when 37 S. squatina were increased from 1994 to 2005, especially species that are vulnerable to caught in less than 3 hours off the coast in the artisanal fishing sector where overexploitation, such as the Squatina of Fenit Pier (Ireland). Another record catches rose substantially. For example, species. catch was documented in June 1965 before 1989, artisanal catch was less In addition to the demersal trawling, during a boat-angling competition in than 4,000 mt. However, from 1990 to many of the artisanal fisheries, and even Tralee Bay, where four trophy S. 2005, fishing effort and catch increased some commercial fisheries, throughout squatina individuals, weighing 60, 59, dramatically, with catch estimates of the range of these Squatina species 50, and 30 lbs (27.2, 26.8, 22.7, 13.6 over 26,000 mt by 2005 (Diop and Dossa employ the use of trammel and gillnets kgs), respectively, were caught in 2011). Including bycatch estimates from during fishing operations, which are addition to numerous smaller the industrial fishing fleet increases this also rather unselective types of gear. In individuals. Given the life history number to over 30,000 mt in 2005 (note a review of artisanal fisheries in the characteristics of the species, this level that discards of shark carcasses at sea western-central Mediterranean (covering of essentially unregulated utilization were not included in bycatch estimates, Morocco, Algeria, Tunisia, Libya, Italy, and removal of larger and, hence, suggesting bycatch may be France, and Spain), Coppola (2001) probably mature individuals, likely underestimated) (Diop and Dossa 2011). found that the most important gear used contributed to the observed decline in By 2008, shark landings had dropped by in artisanal fisheries were gillnets and the S. squatina population from this more than 50 percent to 12,000 mt (Diop entangling nets (comprising 53 percent area. and Dossa 2011). Although landings of the total gear utilized). In Turkey, the Although catch-and-release became were not identified to the species level, majority of fishermen work in the small- increasingly more common practice in it is likely that this intense and scale fishery (comprising around 83 Ireland over the years (Fahy and Carroll relatively unregulated fishing pressure percent of the total fleet; Turkish 2009), decreasing the threat of on sharks significantly contributed to Statistical Institute 2014). The small- overutilization by recreational anglers, a the observed decline of the Squatina scale fishery operations consist of daily new threat emerged in the 1970s in the species in this region, to the point trips, generally in the Aegean and Black form of trammel net usage by where these sharks are now only rarely Seas, to target fish species using gillnets, commercial fishermen. Trammel nets, observed. trammel nets, entangling nets, and which are a type of gill net consisting demersal and pelagic longlines (Tokac of three layers of netting tied together on Overutilization of these angelshark et al. 2012). Additionally, off the west a common floatline and leadline, were species is still a threat, as the shark, coast of Ireland, there is evidence that introduced off the coast of Kerry trawl, and other demersal fisheries that commercial fishermen continue to use (Ireland) in the early 1970s (Quigley and historically contributed to the Squatina trammel nets in the inshore fisheries MacGabhann 2014). They were species’ declines remain active (Fahy and Carroll 2009). Despite the primarily used to catch crawfish throughout their respective ranges. In prohibition on these trammel nets in (Palinurus elephas), but given the non- fact, in the Mediterranean Sea, trawling certain areas off the Kerry and Galway specificity of the fishing gear, these nets still provides one of the highest (Ireland) coasts (due to their associated also by-caught spider (Maja economic returns in the fishery sector level of elasmobranch bycatch, which brachydactyla), another commercially operating in these waters (Sacchi 2008; historically contributed to the decline important species in the area, as well as STECF 2013). In 2008, Sacchi (2008) and present rarity of the S. squatina many other elasmobranchs and non- reported a Mediterranean fleet of population in this area), these trammel target species (Quigley and approximately 84,000 fishing entities, nets are still widely used and deployed MacGabhann 2014). The prevalent use with around 10 percent using trawl gear year-round (Fahy and Carroll 2009). of these nets led to significant decreases and contributing more than half of the And, as mentioned previously, artisanal in crawfish landings (from 300 t in 1971 catch. By 2012, the fleet size had fishing effort is also significant off the to 34 t in 2006) as well as startling decreased to around 76,023 vessels, but west coast of Africa, with fishermen declines in the bycatch species, with had a total fishing capacity of 1,578,015 employing a variety of nets to capture Fahy and Carroll (2009) characterizing gross tonnage and 5,807,827 kilowatt species, with some nets that are even the angelsharks as having been fished power (European Commission 2014). In specially designed for catching shark ‘‘almost to elimination’’ by the use of April 2015, the General Fisheries species (Diop and Dossa 2011). these trammel nets. Commission for the Mediterranean Because of the low selectivity of the Farther south, in waters off West (GFCM) identified 9,171 large fishing net and trawl gear and the intensity of Africa, S. oculata and S. aculeata were vessels (i.e., larger than 15 meters) as fishing effort, a significant portion of the commonly observed in the 1970s and authorized to fish in the GFCM catch in these gears tends to be 1980s. However, it was also during this convention area (which includes discarded at sea (Machias et al. 2001; time period that shark fishing in the Mediterranean waters and the Black Sacchi 2008; Damalas and region really started to expand and Sea). Of these vessels, 46 percent Vassilopoulou 2010). Damalas and intensify (Diop and Dossa 2011). In a identified as trawlers, although 28 Vassilopoulou (2011) note that review of shark fishing in the Sub percent did not report their class of chondrichthyans, especially, tend to be

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40979

discarded due to their low commercial mortality and discard survival rates for In waters off Tunisia, the present level value. Based on their observations of S. aculeata, S. oculata, and S. squatina of fishing effort by trawlers as well as 335 commercial bottom trawl hauls in to be comparable to those estimated for artisanal fishermen is a concern for any the Aegean Sea between 1995 and 2006, S. africana and S. australis. remaining populations of the three they calculated that over 90 percent of Although current fishing mortality angelshark species. Tunisia is centrally chondrichthyans (by number) were rates are unknown, even low levels of located in the Mediterranean Sea. The discarded. However, data are limited on mortality would likely contribute to Gulf of Gabe`s and Gulf of Tunis, which the discard rates of Squatina species. In further population declines given the historically supported populations of the Damalas and Vassilopoulou (2011) extremely depleted status of these the Squatina species (Capape´ et al. study, only 4 Squatina sharks were species, to the point where all three 1990; Quignard and Ben Othman 1978), observed caught (3 S. aculeata and 1 S. species are rarely observed and are two of the most important fishing oculata), with two individuals extirpated in many areas. Yet, the grounds off the Tunisian coast discarded. Machias et al. (2001) discussion above provides evidence of (Echwikhi et al. 2013; Cherif et al. observed that both S. aculeata and S. high levels of fishing effort by 2008). In 2011, the Tunisian fishing fleet oculata were always discarded by the commercial and artisanal fishermen consisted of 11,393 units, which commercial trawlers operating in the using trawl and net gear throughout the included 10,500 coastal boats (artisanal Aegean and western Ionian Sea. range of these Squatina species. fishermen), 430 trawlers, 400 sardine Observer data from the French discard Therefore, given the inferred discard seiners, 38 tuna seiners, and 25 coral- observer program from 2003–2013 mortality estimates (with a 60 percent fisher boats (Haddad 2011). recorded two discarded S. squatina at-vessel mortality rate in trawls and Elasmobranchs, in particular, constitute individuals (both in 2012) (ICES 2014). 25–67 percent mortality rate in nets) an important catch component in In general, the available information and high likelihood of incidental Tunisian fisheries, especially artisanal suggests that Squatina species are capture, we find that the continued fisheries (Echwikihi et al. 2013), and generally bycaught (Edwards et al. 2001; operation of the demersal trawl fleets since 1970, annual catches of Morey et al. 2007a, b; OSPAR and net fisheries is posing a threat of elasmobranchs have steadily increased Commission 2010; ICES 2014) and overutilization that is likely with recent catches (2005–2012) of would more likely than not be discarded contributing to further population elasmobranchs averaging around 2,000 with the other chondrichthyan species. declines and significantly increasing the mt per year. Similarly, S. squatina This is especially true for S. squatina extinction risks of these species at this catches in Tunisian waters also appear which is currently prohibited from time. to show an increase in recent years, being retained in European Union (EU) In addition to the threat of with a peak of 86 mt in 2010 and 60 mt overutilization from being bycaught, waters (see Inadequacy of Existing in 2012. In 1990, Capape´ et al. (1990) there is also evidence that these species Regulatory Mechanisms section). In fact, observed that S. squatina was fished are still being landed in certain parts of ICES (2014) reports that S. squatina is throughout the year in Tunisian waters their ranges, contributing to the direct now only landed as a ‘‘curio’’ for fish and sold in the Tunis fish market. Based fishing mortality of the species. In stalls. on the recent catch data, it appears that Egypt, for example, which has the 2nd S. squatina is still being exploited by As such, the impact of the continued largest fishing fleet (of vessels >15 m) Tunisian fisheries. It is unknown if this operation of these demersal trawl fleets operating in the GFCM convention area, exploitation is sustainable; however, as well as the net fisheries on the threat Moftah (2011) documented three S. based on the species’ life history traits of overutilization really depends on the squatina individuals for sale in a major as well as the observed decline of the survival rate of these Squatina species fish market in western Alexandria. upon capture and after discard. However, according to Bradai et al. species and potential extirpations in Unfortunately, at this time, the at-vessel (2012), the top elasmobranch fishing areas where reported catches and mortality and discard survival rates of countries presently operating in the landings have been of lesser magnitude the Squatina species are unknown; Mediterranean are Italy, Tunisia, and (e.g., Bay of Biscay; Celtic Seas), this however, based on mortality rates Turkey. From 1980 to 2008, these three present level of exploitation is likely to reported for two similar species, the countries were responsible for 76 cause declines in the S. squatina African angelshark (S. africana) and the percent of the total catch of population from this area through the Australian angelshark (S. australis), elasmobranchs in the Mediterranean foreseeable future. discard survival may be low. For the and Black Seas. Currently, Italy has the The absence of data for the other two African angelshark, Fennessy (1994) largest fishing fleet (of vessels >15 m) Squatina species is also telling, estimated an at-vessel mortality rate of operating in the GFCM convention area, especially since in 1978, S. aculeata 60 percent when caught by prawn with 84 percent of its vessels (n = 1,421) was noted as abundant, and as recently trawlers and Shelmerdine and Cliff identified as trawlers. Turkey has the as 2006, both species were ‘‘regularly (2006) estimated a 67 percent mortality third largest fishing fleet, with 54 observed’’ in the Gulf of Gabe`s rate when the species was caught in percent identified as trawlers, and (Quignard and Ben Othman 1978; protective shark gillnets. For the Tunisia has the fifth largest, with Bradai et al. 2006). Additionally, in Australian angelshark, mortality rates of around 50 percent of its vessels 1990, the Gulf of Tunis was posited as 25 and 34 percent have been estimated considered to be trawlers. Although a nursery ground for S. oculata based on for capture in gillnets (Reid and Krogh Italian vessels are currently prohibited young-of-the-year individuals captured 1992; Braccini et al. 2012), with a post- from landing S. squatina in EU waters during trawling operations (Capape´ et capture mortality rate (for those sharks (see Inadequacy of Existing Regulatory al. 1990). However, in a recent analysis discarded alive) of 40 percent (Braccini Mechanisms section), Tunisia and of extensive trawl survey data collected et al. 2012). Because these two Turkey do not have the same off the southern coasts of Sicily from angelsharks have similar life history prohibitions for their respective waters. 1994 to 2009, Ragonese et al. (2013) traits to the Squatina species under Additionally, there are no prohibitions found only one report of a captured S. review (see Miller (2015) for comparison from landing the other two species of aculeata individual. This shark was of these species), we consider at-vessel angelsharks throughout their ranges. caught during a shelf haul in 86 m

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40980 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

depth close to the Gulf of Gabe`s in 2000. over the past 8 years after a peak of 51 vessels since 2004, there has also been The fact that observations of these tonnes was reported in 2006. In 2013, 17 an associated increase in engine power species are now rare, with the last tonnes of angelsharks were harvested, per small vessel (Popescu and Ortega- record of the species in survey data from with 68 percent of the catch coming Gras 2013). In fact, between 1990 and 15 years ago (Ragonese et al. 2013), and from the Aegean region, 26 percent from 2003, these small vessels constituted the most recent anecdotal the Mediterranean region, and 6 percent only 12–18 percent of the total power of characterizations of the species from from the Marmara region. Although the Canarian fleet, but by 2013, this almost a decade ago (Bradai et al. 2006), there is no accompanying information contribution had risen to 30.6 percent suggests that the remaining populations on fishing effort, the bottom trawl (Popescu and Ortega-Gras 2013). of S. aculeata and S. oculata are likely fishery is highly active in Turkish Additionally, despite the decrease in small and potentially isolated, placing waters. In 2015, the GFCM identified number of vessels, the artisanal sector them at risk from stochastic and 554 Turkish trawl vessels (over 15 remains the most important segment of demographic fluctuations. These risks meters) as authorized to fish in the the Canarian fishing fleet (both on a will only increase in the future as more GFCM convention area, and according social and economic level), with small individuals are removed from the to Tokac¸ et al. (2012), the bottom trawl boats (less than 12 m) representing 86.7 populations as a result of the continued fishery is responsible for around 90 percent of the total number of vessels in fishing pressure by trawlers and percent of the total demersal fish catch the Canarian fishing fleet (Popescu and artisanal fishermen within this region. from the Aegean Sea. As such, the Ortega-Gras 2013). In Turkey, at least one angelshark decline in angelshark catch may likely Recreational fishing in the Canary species, S. aculeata, was a recent target be a result of decreasing abundance of Islands is also identified as a potential of recreational fishermen. Based on field these sharks in the region as a result of threat to the species, as many Canarian survey data collected between January the exploitation of the species by the sport fishing Web sites display photos of and September 2007, boat-based demersal trawl fishery. hooked angelsharks despite their recreational fishermen operating in In the northeastern Atlantic, Spanish prohibited status. There is evidence that C¸anakkale Strait caught an estimated and French fleets have reported angelsharks caught by sportfishermen 23,820 kg of S. aculeata (U¨ nal et al. landings of S. squatina to ICES since the are returned to the water after a photo 2010). The number of surveyed species’ retention prohibition by the EU has been taken; however, the post- fishermen represented only 2.7 percent in 2009 (see Inadequacy of Existing release survival rates are unknown (J. of the estimated recreational fishery Regulatory Mechanisms section). In Barker, pers. comm. 2015). This has population. In addition, the results from 2010, Spanish-reported landings become a concern in recent years due to the surveys indicated that the marine amounted to 9 tonnes (live weight), the increasing number of sport recreational fishery in Turkey is increased to 10 tonnes in 2011, and fishermen in the area. According to essentially unmonitored and hence significantly increased to 63 tonnes in Barker et al. (2014), from 2005 to 2010 potentially unsustainable (U¨ nal et al. 2012. All of these landings occurred off there has been a nearly 3-fold increase 2010). In fact, almost half of the the coasts of Portugal and Spain (ICES in the number of recreational angler recreational activity can be considered 2014). The ICES (2014) notes that there licenses (from 40,000 to 116,000), with commercial activity as many of the are also nominal records of S. squatina over 830 registered charter fishing boats recreational fishermen are selling their in French national landings for 2012 in operation. As the number of catches (even though marine and 2013 but does not report the figures recreational anglers increases, so does recreationally caught fish are not legally due to the unreliability of the data. the risk of hooking (and potentially allowed to be traded; U¨ nal et al. 2010). There was no corresponding killing) one of these prohibited sharks. Given the high level of marine information on fishing effort and it is Although S. squatina are regularly recreational harvest (around 30 percent also unclear why this EU-prohibited observed around the Canary Islands, of the commercial fishing harvest; U¨ nal species is still being landed by EU very little is known about this et al. 2010), evidence of S. aculeata as vessels. population or the associated risks of this a potentially targeted and traded Similarly, in the Canary Islands, level of utilization (by artisanal and species, and lack of monitoring or where S. squatina retains its EU sport fishermen) on the local controls regarding fishing practices, this prohibited designation, there is population. marine recreational fishery is evidence that individuals continue to be In waters off West Africa, artisanal considered a threat contributing to the captured by local and sport fishermen. fishing pressure on sharks remains high direct overutilization of the species in Although S. squatina is not a targeted and relatively unregulated. In 2010, the this area. In 2015, one of the co-authors species in the Canary Islands, nor is number of artisanal fishing vessels that of the above study noted that the species there large demand for the species, landed elasmobranchs in the SRFC zone is presently rare in Turkish waters, but fishermen in the area do like to eat was estimated to be around 2,500 mentioned the recent capture of an S. angelsharks and may illegally land the vessels, with 1,300 of those specializing aculeata shark from Go¨kova Bay by a species (E. Meyers, pers. comm. 2014). in catching sharks (Diop and Dossa fisherman using a trammel net (V. U¨ nal, This illegal fishing of the species by 2011). Morey et al. (2007a, b) note that personal communication 2015). This artisanal fishermen for personal although there are no directed fisheries individual (a female S. aculeata) is the consumption is a concern for the S. for Squatina species, it is taken as largest specimen ever recorded from squatina population in these waters (E. bycatch in the international industrial Turkish waters (V. U¨ nal, pers. comm. Meyers, pers. comm. 2014). Artisanal demersal trawl fisheries and artisanal 2015). Canarian fishermen tend to concentrate fisheries. In a personal communication In addition to the marine recreational their fishing efforts on the narrow to Morey et al. (2007b), M. Ducrocq fisheries, the commercial fisheries of continental shelf around the islands states that S. oculata were common and Turkey are also harvesting angelsharks; (Popescu and Ortega-Gras 2013), which frequently caught by artisanal however, the information on catch is not increases the likelihood of capture of S. Senegalese fishermen in line and gillnet species-specific. According to Turkey’s squatina sharks. Although the artisanal gear around 30 years ago, and Capape´ et ‘‘Fisheries Statistics’’ publication, fishery has experienced a significant al. (2005) noted that S. aculeata was catches of angelsharks have declined reduction in the number of fishing relatively abundant off the coast of

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40981

Senegal and landed throughout the year. dozens of large (10,000-tonne factory Elsewhere in the EU, however, However, since 2005, fishermen have ships) foreign trawling vessels were specific regulations prohibiting the reported fewer observations of all granted new licenses by the government capture or trade of these angelshark squatinid species (C. Capape´, pers. and were reportedly catching hundreds species, or other efforts to protect and comm. 2015), with no observed landings of tonnes of fish a day (and up to recover these species, are missing or in recent years in the artisanal fishery 300,000 tonnes a year; Vidal 2012b) in only apply to S. squatina and not the (Mathieu Ducrocq, Programme Arc Senegalese waters (Vidal 2012a). other two species. For example, in 2008, d’Emeraude, Agence Nationale des Although these trawlers are prohibited S. squatina was listed under Schedule 5, Parcs Nationaux, personal from trawling within 12-miles of the Section 9(1) of the UK Wildlife and communication 2014). Although not as coast, due to the lack of monitoring and Countryside Act (1981), which protects common anymore, this information policing capabilities, many move closer the species from being killed, injured or suggests that S. oculata and S. aculeata inshore at night to fish (Vidal 2012b). taken on land and up to 6 nautical miles were and potentially still are susceptible Quoting the manager of the largest from English coastal baselines. In 2011, to being caught in artisanal fishing gear. fishing port in Senegal, Vidal (2012b) these protections were extended out to Taking into account this susceptibility, reports that fish catches have decreased 12 nautical miles and the species was as well as the fact that fishing for sharks 75 percent compared to 10 years ago. also added under section 9(2) and 9(5), occurs year-round in this region, and Based on the level of fishing activity, protecting it from being possessed or fishery management plans are still in reported landings and trends, fishing traded. In 2010 and 2012, ICES advised the early implementation phase for this gear, and area of operation, it is likely that S. squatina remain on its list of region (Diop and Dossa 2011), the that these foreign and illegal trawling Prohibited Species and that any continued operations of the artisanal activities have significantly contributed incidental bycatch be returned to the sea fisheries may prevent any potential re- to the observed decline of the Squatina (ICES 2014). In 2009, S. squatina establishment of these Squatina species species within these areas. Although received full protection in EU waters to this area (if already extirpated) or many of the foreign vessel licenses were from the European Council (Council lead to further declines in existing local cancelled in 2012 (see Inadequacy of Regulation (EC) 43/2009). European populations in the foreseeable future. Existing Regulatory Mechanisms Union vessels are currently prohibited section), due to the lack of enforcement Illegal fishing in waters off West from fishing for, retaining on board, resources, illegal trawling is still Africa is also a threat likely contributing transhipping, or landing S. squatina in considered to be a threat contributing to to the observed declines of these species all EU waters (including EU waters the overutilization of the demersal and contributing to their risk of within the Mediterranean Sea) (EC 23/ resources, including the Squatina extinction. Illegal fishing activities off 2010, 57/2011, 43/2012, 39/2013, 43/ species. West Africa are thought to account for 2014). These retention prohibitions may Overall, the available information on decrease, to some extent, fisheries- around 37 percent of the region’s catch, the past and present status of these the highest regional estimate of illegal related mortality of the species, species, including historical and present especially in those parts of its range fishing worldwide (Agnew et al. 2009, observations of the species from EJF 2012). From January 2010 to July where the species was previously anecdotal, commercial, and fishery- landed. However, even prior to these 2012, the UK-based non-governmental independent survey data, in organization Environmental Justice prohibitions, it appears that the species combination with trends in fishing was normally discarded due to its low Foundation (EJF) conducted a effort and catch, suggests that the threat commercial value. Given the assumed surveillance project in southern Sierra of overutilization alone is likely low survival rate of the species when Leone to determine the extent of illegal contributing significantly to the risk of bycaught and discarded by the trawl fishing in waters off West Africa (EJF, extinction for all three Squatina species. 2012). The EJF staff received 252 reports and demersal line fisheries (see of illegal fishing by industrial vessels in Inadequacy of Existing Regulatory Overutilization for Commercial, inshore areas, 90 percent of which were Mechanisms Recreational, Scientific, or Educational bottom trawlers (EJF 2012). The EJF In the EU, there are some regulatory Purposes section), these existing (2012) surveillance also found these mechanisms in place to protect these regulatory mechanisms may only have a pirate industrial fishing vessels three Squatina species. All three minor impact on decreasing current operating inside exclusion zones, using Squatina species are listed on Annex II fisheries-related mortality and, prohibited fishing gear, refusing to stop of the Barcelona Convention, ‘‘which ultimately, S. squatina’s risk of for patrols, attacking local fishers and requires Mediterranean countries to extinction. destroying their gear, and fleeing to undertake maximum, cooperative efforts In Ireland, in 2006, the Irish neighboring countries to avoid for their protection and recovery, Specimen Fish Committee, which sanctions. Due to a lack of resources, including controlling or prohibiting verifies and publicizes the capture of many West African countries are unable their capture and sale, prohibiting specimen (trophy) fish caught by anglers to provide effective or, for that matter, damage to their habitat, and adopting using rod and reel methods, removed S. any enforcement, with some countries measures for their conservation and squatina from its list of eligible even lacking basic monitoring systems. recovery.’’ In 2012, Spain published ‘‘specimen status’’ species due to In waters off Senegal, which may have Order AAA/75/2012 which announced concern over its status. The committee historically supported larger the inclusion of the Mediterranean reviewed the data on angler catches of populations of S. aculeata and S. populations of these three angelshark angelsharks in 2009 and again in 2013, oculata (see Historical and Current species (S. squatina, S. oculata, and S. and after finding a decline in the Distribution and Population Abundance acuelata) on Spain’s List of Wild number being caught and released, section), fishery resources have been Species under Special Protection. decided to keep the exclusion in place severely depleted due to both foreign Species on the list are protected from until the next review period in 2015. As and illegal fishing activities. In 2006, capture, injury, trade, import and long as this exclusion from the after Senegal cancelled its licensing export, and require periodic evaluations specimen status list is in place, it agreement with the subsidized EU fleet, of their conservation status. should provide some benefit to the local

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40982 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

populations, as it will decrease potential consequently prevent further declines in sharks, including Squatina species, fisheries-related mortality of the larger fish stocks (Khalilian et al. 2010), it was from these regulatory mechanisms have (and likely mature individuals) that may reformed in 2014. It is too soon to know yet to be realized (Diop and Dossa occur during handling and processing of if the new policies identified in the CFP, 2011). Additionally, many of these the fish to meet the claim requirements. such as a complete ‘‘discard ban’’ and countries also lack the resources and However, these benefits may be offset by managing stocks according to maximum capabilities to effectively enforce the fact that claims for a new record sustainable yield, will be adequate in presently implemented fishing (which is different from a specimen controlling fishing effort by the regulations, making this region a hotbed fish) are still considered, with the European fishing fleet to the point for illegal fishing activities (Agnew et al. requirement that the fish be weighed on where they no longer pose a threat to 2009, EJF 2012). For example, although shore, photographed and returned alive. the remaining Squatina species the Senegalese government took a Therefore, there is some risk that populations. significant step in controlling the especially large angelsharks (as the In non-EU countries, regulations to exploitation of its fisheries when it current angling record is a 33 kg S. protect any of these Squatina species cancelled the licenses of 29 foreign squatina) may still be brought ashore from overutilization are lacking. There fishing trawlers in 2012, Senegal’s with the potential for mortality during are no species-specific management director of Ministry of Fisheries and the processing of angling records. measures and current regulations are Maritime Affairs, Mr. Cheikh Sarr, Removal of these larger and mature likely inadequate to prevent further recognizes that the country still lacks individuals from an already declining declines in the three Squatina species. the enforcement resources and population will greatly decrease its In Turkey, for example, there are very capabilities to combat illegal fishing productivity, making it more susceptible few landing quotas for species due to a activities. Mr. Sarr, quoted in Lazuta to overexploitation that may lead to lack of stock assessments, even though (2013), remarks: ‘‘Revoking these potential extirpations. evidence suggests that many of the licenses has been helpful in the general With respect to overutilization of the species found in Turkish seas are sense . . . But the reality is, whether or species by commercial fisheries in presently overexploited (OECD 2003; not a boat is authorized to enter our Ireland, a major threat identified for the Tokac¸ et al. 2012; Ulman et al. 2013). waters, if they decide to engage in IUU angelsharks in Irish waters was the The number of registered fishing boats [illegal, unreported, and unregulated unsustainable level of bycatch of the continues to increase, with previous fishing], they will come . . . And often, species in trammel nets deployed by attempts to control the fishing effort we have very little power to stop them.’’ commercial fishermen. In 2002, a deemed unsuccessful. Based on an These licenses were cancelled in regulation (SI—Statutory Instrument) analysis of catch data, Ulman et al. response to the growing anger of was implemented prohibiting the use of (2013) note that the optimal fleet artisanal fishermen at the level of trammel nets to catch crawfish in capacity has been exceeded by over 350 overfishing by these trawlers and the specific areas off the coasts of Kerry and percent for all of Turkey’s seas, alleged corruption of the previous Galway (SI No. 179). This regulation suggesting that fishing effort and stocks government’s licensing system (Vidal was renewed in 2006 (SI No. 233); will continue to decline through the 2012a). It is unclear if these licenses however the use of trammel nets to foreseeable future. Although there are will remain cancelled in the future catch other species is still allowed (Fahy some seasonal prohibitions to protect under different government regimes. As and Carroll 2009), decreasing the level spawning stocks in certain areas, such, the present regulatory of protection that this prohibition minimum size regulations, and gear mechanisms in this region, as well as affords angelsharks. In addition, restrictions, including a bottom trawl means to enforce these mechanisms, enforcement of inshore fishery ban in the Sea of Marmara, there is little appear inadequate to control the regulations is lacking, and, as a enforcement of existing regulations, exploitation by illegal fishing vessels consequence, Fahy and Carroll (2009) with current management measures and and thus pose a threat to the Squatina note that trammel nets are set year- prohibitions likely insufficient to populations that may still be found in round in Brandon and Tralee Bays protect fish resources from further these waters. (south-west Ireland—areas once known declines (OECD 2003; Ulman et al. for large S. squatina populations) with 2013). Within the Canary Islands, the EU the majority of landed crawfish caught Off the coast of West Africa, fishing prohibited bottom trawling throughout by this method. Due to the deficiencies occurs year-round, including during the EEZ in 2005 ((EC) No 1568/2005) in in the legislation (Bord Iascaigh Mhara shark breeding season (Diop and Dossa an effort to protect deep-water coral (BIM) 2012) and enforcement of the SI, 2011). Many of the state-level reefs from fishing activities. As commercial trammel net fishing in the management measures in this region demersal trawling is identified as a inshore areas off western Ireland still lack standardization at the regional level significant threat to S. squatina, poses a significant risk to any remaining (Diop and Dossa 2011), which weakens contributing to its past decline, this S. squatina individuals, and, as such, some of their effectiveness. For prohibition will provide needed this regulatory measure is inadequate in example, Sierra Leone and Guinea both protection to S. squatina in an area decreasing the threat of overutilization require shark fishing licenses; however, where the species is still commonly by commercial fisheries in this area. these licenses are much cheaper in observed. In addition, there are also With respect to controlling general EU Sierra Leone, and, as a result, fishers three designated marine reserves in the fishing effort in the Mediterranean, the from Guinea fish for sharks in Sierra Canary Islands, which provide Common Fisheries Policy (CFP; the Leone (Diop and Dossa 2011). Also, protection from fishing activities, but fisheries policy of the EU) requires although many of these countries have they are relatively small, covering only Member States to achieve a sustainable recently adopted FAO recommended 0.15 percent of the Canarian EEZ. Given balance between fishing capacity and National Plans of Action—Sharks, their the uncertainty regarding the population fishing opportunities. However, due to shark fishery management plans are still distribution of S. squatina within the criticisms that the CFP has failed to in the early implementation phase, and Canary Islands, it is unclear if these control the problem of fleet overcapacity with few resources for monitoring and reserves are even effective in protecting (European Commission 2009; 2010) and managing shark fisheries, the benefits to S. squatina from fishery-related

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40983

mortality. In fact, based on the present the Squatina shark species are lacking, species: Late maturity, long gestation, threats to the species in the Canary the best available data provide multiple and low fecundity (which may be Islands, which include sport fishing lines of evidence indicating that these further reduced as gravid Squatina spp. practices and illegal fishing by artisanal species currently face a high risk of females easily abort embryos during fishermen for personal consumption, it extinction. As defined by the status capture and handling) suggest the does not appear that the current review (Miller 2015), a species is species has relatively low productivity, regulatory mechanisms in place are considered to be at a high risk of similar to other elasmobranch species. adequate to address these threats. For extinction when it is at or near a level These reproductive characteristics have example, in August 2014, due to the of abundance, spatial structure and likely hindered the species’ ability to concern over the sport fishing of connectivity, and/or diversity that place quickly rebound from threats that prohibited shark species, the Canarian its persistence in question. The decrease its abundance (such as Government required anyone obtaining demographics of the species may be overutilization) and render it vulnerable a sport fishing license to prominently strongly influenced by stochastic or to extinction. Although there is no display a poster of prohibited shark depensatory processes. Similarly, a genetic, morphological or behavioral species (including S. squatina) on board species may be at high risk of extinction information available that could provide their boat. Although this new if it faces clear and present threats (e.g., insight into natural rates of dispersal requirement may help deter sport confinement to a small geographic area; and genetic exchange among fishermen from keeping the sharks, it imminent destruction, modification, or populations, S. aculeata are does not address the stress of capture curtailment of its habitat; or disease ovoviviparous (lacking a dispersive and lethal handling techniques used by epidemic) that are likely to create such larval phase) and the best available these fishermen (e.g., gaffing and long imminent demographic risks. Below, the information suggests that they likely periods out of water; ZSL 2014). analysis of extinction risk is given for have a patchy distribution due to local Additionally, those boats that had a each species. extirpations, population declines, and sport fishing license prior to August Squatina aculeata limited migratory behavior. As such, 2014 are not required to have or display connectivity of S. aculeata populations this poster (E. Meyers, pers. comm. The sawback angelshark presently is likely low, and this limited inter- 2015). Thus, the species may continue faces demographic risks that population exchange may increase the to suffer mortality in the sport fishery. significantly increase its risk of risk of local extirpations, possibly Similarly, there is no information extinction. Although there are no leading to complete extinction. The quantitative historical or current available to suggest that the current small, fragmented, and possibly isolated abundance estimates, the best available regulatory mechanisms will be adequate remaining populations suggest the information (including anecdotal to curb the illegal fishing of the species species may be at an increased risk of accounts as well as survey data) suggest by artisanal fishermen in the area. random genetic drift and could the species has likely undergone Although the species is protected in EU experience the fixing of recessive substantial declines throughout its waters, the local Canarian government detrimental alleles, reducing the overall range, with no evidence to suggest a does not enforce this law, nor is there fitness of the species. legal prosecution of violators (E. reversal of these trends. Recent and Meyers, pers. comm. 2015). spatially expansive trawl data indicate In conclusion, although there is Overall, existing regulatory the species is currently rare, including significant uncertainty regarding the mechanisms appear inadequate in in areas where it once was common current abundance of the species, the decreasing the main threat of (e.g., Tunisia, Balearic Islands), as well best available information indicates that overutilization of these species. This is as notably absent throughout most of its the species has suffered substantial especially true for S. aculeata and S. historical Mediterranean range. The best declines in portions of its range where oculata, which are still allowed to be available data indicate a decline in it once was common, and is considered legally exploited, with this exploitation abundance that has subsequently led to to be rare throughout its entire range. essentially unregulated, throughout possible extirpations of the species from The species likely consists of small, their respective ranges. Although S. the Adriatic Sea, central Aegean Sea, fragmented, isolated, and declining squatina is afforded a higher level of Ligurian and Tyrrhenian Seas, and off populations that are likely to be strongly protection through the EU prohibition of the Balearic Islands. In the northeast influenced by stochastic or depensatory landing of the species, its range extends Atlantic, the species was characterized processes and have little rebound to areas where this prohibition does not as common in waters off West Africa, potential or resilience. This apply. In addition, given the level of from Mauritania to Sierra Leone, in the vulnerability is further exacerbated by fishing effort by the Mediterranean trawl 1970s; however, it has since undergone the present threats of overutilization and demersal line fisheries and declines to the point where individuals and inadequacy of existing regulatory Canarian artisanal and sport fishermen, of the species are rarely observed or measures that continue to contribute to and associated discard mortality of the caught, with the last record of the the decline of the existing populations, species, the existing regulatory species from survey records dating back compromising the species’ long-term measures may only have a minor impact to 1998. The rare occurrence and viability. The demersal fisheries that on decreasing current fisheries-related absence of the species in recent survey historically contributed to the decline in mortality of S. squatina. As such, we data, despite sampling effort in areas S. aculeata are still active throughout conclude that the threat of the and depths where S. aculeata would the species’ range and primarily operate inadequacy of existing regulatory potentially or previously be found, in depths where S. aculeata would mechanisms is likely contributing suggest current populations are likely occur. The available information significantly to the risk of extinction for small and fragmented, making them suggests heavy exploitation of demersal all three Squatina species. particularly susceptible to local resources by these fisheries, including extirpations from environmental and high levels of chondrichthyan discards Extinction Risk anthropogenic perturbations or and associated mortality due to the low Although accurate and precise data catastrophic events. Additionally, the gear selectivity and intensity of fishing for many demographic characteristics of reproductive characteristics of the effort throughout the Mediterranean and

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00046 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40984 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

eastern Atlantic. Given the depleted last record of the species from the The available information suggests state of the S. aculeata populations and survey records dating back to 2002. heavy exploitation of demersal present demographic risks of the Based on the best available information, resources by these fisheries, including species, even low levels of mortality remaining populations of S. oculata are high levels of chondrichthyan discards would pose a risk of extinction to the likely small and fragmented, making and associated mortality due to the low species. However, current regulatory them particularly susceptible to local gear selectivity and intensity of fishing measures appear inadequate to protect extirpations from environmental and effort throughout the Mediterranean and S. aculeata from further fishery-related anthropogenic perturbations or eastern Atlantic. Given the depleted mortality, especially in areas where catastrophic events. Additionally, the state of the S. oculata populations and recent fisheries data indicate the species reproductive characteristics of the present demographic risks of the may still be present. As such, the species: Late maturity, long gestation, species, even low levels of mortality additional fishing mortality sustained and low fecundity (which may be would pose a risk of extinction to the by the species as a result of continued further reduced as gravid Squatina spp. species. However, current regulatory commercial, artisanal, recreational and females easily abort embryos during measures appear inadequate to protect illegal fishing activities is a threat that capture and handling) suggest the S. oculata from further fishery-related is significantly contributing to the species has relatively low productivity, mortality. As such, the additional species’ risk of extinction throughout its similar to other elasmobranch species. fishing mortality sustained by the range. In summary, based on the best These reproductive characteristics have species as a result of continued available information and the above likely hindered the species’ ability to commercial, artisanal, and illegal analysis, we conclude that S. aculeata is quickly rebound from threats that fishing activities is a threat that is presently at a high risk of extinction decrease its abundance (such as significantly contributing to the species’ throughout its range. overutilization) and render it vulnerable risk of extinction throughout its range. In summary, based on the best available Squatina oculata to extinction. Although there is no genetic, morphological or behavioral information and the above analysis, we The smoothback angelshark presently information available that could provide conclude that S. oculata is presently at faces demographic risks that insight into natural rates of dispersal a high risk of extinction throughout its significantly increase its risk of and genetic exchange among range. extinction. Although there are no populations, S. oculata are Squatina squatina quantitative historical or current ovoviviparous (lacking a dispersive abundance estimates, the best available The common angelshark presently larval phase) and the best available information (including anecdotal faces demographic risks that information suggests that they likely accounts as well as survey data) suggest significantly increase its risk of have a patchy distribution due to local the species has likely undergone extinction. Based on historical and extirpations, population declines, and substantial declines throughout its current catches and survey data, S. limited migratory behavior. As such, range, with no evidence to suggest a squatina has undergone significant connectivity of S. oculata populations is reversal of these trends. Recent and declines in abundance throughout most likely low, and this limited inter- spatially expansive trawl data indicate of its historical range, with no evidence population exchange may increase the the species is currently rare, including to suggest a reversal of these trends. risk of local extirpations, possibly in areas where it once was common Once characterized as fairly common, (e.g., Iberian coast, Tunisia, Balearic leading to complete extinction. The the species is now considered to be Islands), and notably absent throughout small, fragmented, and possibly isolated extirpated from the western English most of its historical Mediterranean remaining populations suggest the Channel, North Sea, Baltic Sea, parts of range. The best available data indicate a species may be at an increased risk of the Celtic Seas, Adriatic Sea, Ligurian decline in abundance that has random genetic drift and could and Tyrrhenian Seas, and Black Sea, subsequently led to possible experience the fixing of recessive and rare throughout the rest of its range extirpations of the species from the detrimental alleles, reducing the overall in the northeast Atlantic and central Aegean Sea, Ligurian and fitness of the species. Mediterranean, with one exception. The Tyrrhenian Seas, and off the Balearic In conclusion, although there is S. squatina population off the Canary Islands. Although some qualitative significant uncertainty regarding the Islands may be fairly stable (although descriptions of the abundance of the current abundance of the species, the there is no trend data to confirm this); species from the literature suggest the best available information indicates that however, this area only constitutes an species may be more common in the species is presently rare throughout extremely small portion of the species’ portions of the central Mediterranean most of its range, likely consisting of range and its present abundance in this (i.e., Libya) and the Levantine Sea (i.e., small, fragmented, isolated, and portion remains uncertain. Overall, the Israel, Syria), these characterizations are declining populations that are likely to best available information suggests that almost a decade old. The absence of be strongly influenced by stochastic or S. squatina has undergone significant updated or recent data or information depensatory processes and have little declines and is still in decline on the species within these areas is rebound potential or resilience. This throughout most of its range. Current worrisome, and, based on the present vulnerability is further exacerbated by populations are likely small and threats to the species and its the present threats of overutilization fragmented, making them particularly demographic risks, it is likely that these and inadequacy of existing regulatory susceptible to local extirpations from populations are also in decline. In the measures that continue to contribute to environmental and anthropogenic northeast Atlantic, the species was the decline of the existing populations, perturbations or catastrophic events. characterized as common in waters off compromising the species’ long-term Additionally, the reproductive West Africa, from Mauritania to Liberia, viability. The demersal fisheries that characteristics of the species: Late in the 1970s and 1980s; however, it has historically contributed to the decline in maturity, long gestation, and low since decreased in abundance to the S. oculata are still active throughout the fecundity (which may be further point where individuals of the species species’ range and primarily operate in reduced as gravid Squatina spp. females are rarely observed or caught, with the depths where S. oculata would occur. easily abort embryos during capture and

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00047 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40985

handling) suggest the species has the decline in S. squatina are still active captivity, marking the first time that an relatively low productivity, similar to throughout the species’ range and angelshark has successfully bred in other elasmobranch species. These primarily operate in depths where S. captivity (Deep Sea World 2015), which reproductive characteristics have likely squatina would occur. Although the may be an important first step in the hindered the species’ ability to quickly species is protected in EU waters, the conservation of the species. rebound from threats that decrease its available information suggests heavy Although these efforts will help abundance (such as overutilization) and exploitation of demersal resources by increase the scientific knowledge about render it vulnerable to extinction. fisheries operating throughout the S. squatina and promote public Although there is no genetic, Mediterranean and eastern Atlantic, awareness of declines in the species, morphological or behavioral resulting in high levels of there is no indication that these efforts information available that could provide chondrichthyan discards and associated are currently effective in reducing the insight into natural rates of dispersal mortality. The species is still being threats to the species, particularly those and genetic exchange among landed, both legally and illegally, and, related to overutilization and the populations, S. squatina are in some parts of its range, such as inadequacy of existing regulatory ovoviviparous (lacking a dispersive Tunisia, at levels that have historically mechanisms. Therefore, we cannot larval phase) and the best available led to population declines. In the conclude that these existing information suggests that they likely Canary Islands, which are thought to be conservation efforts have significantly have a patchy distribution due to local the last stronghold for the species, S. altered the extinction risk for the extirpations, population declines, and squatina is presently at risk of mortality common angelshark. We are not aware limited migratory behavior with at the hands of artisanal fishermen as of any other planned or not-yet- evidence of possible high site fidelity. well as a growing number of sport implemented conservation measures As such, connectivity of S. squatina fishermen, despite the prohibition on that would protect this species or the populations is likely low, and this capturing the species. Although other two Squatina species (S. aculeata limited inter-population exchange may trawling is banned within the Canary and S. oculata). We seek additional increase the risk of local extirpations, Islands, and a number of marine information on other conservation possibly leading to complete extinction. reserves have been established there, it efforts in our public comment process The small, fragmented, and possibly is unclear to what extent these (see below). isolated remaining populations suggest regulations will be effective in Proposed Determination the species may be at an increased risk protecting important S. squatina habitat Based on the best available scientific of random genetic drift and could or decreasing fishing mortality rates. In and commercial information, as experience the fixing of recessive summary, based on the best available information and the above analysis, we summarized here and in Miller (2015), detrimental alleles, reducing the overall we find that all three Squatina species fitness of the species. conclude that S. squatina is presently at a high risk of extinction throughout its are in danger of extinction throughout In conclusion, although there is range. their respective ranges. We assessed the significant uncertainty regarding the ESA section 4(a)(1) factors and conclude current abundance of the species, the Protective Efforts that S. aculeata, S. oculata, and S. best available information indicates that In response to the significant decline squatina all face ongoing threats of the species has undergone a substantial of S. squatina over the years, a number overutilization by fisheries and decline in abundance. Once noted as of conservation efforts are planned or in inadequate existing regulatory common in historical records, the development with the goal of learning mechanisms throughout their ranges. species is presently rare throughout more about these sharks in order to Squatina squatina has also suffered a most of its range (and considered understand how better to protect them. significant curtailment of its range. extirpated in certain portions), with These efforts include projects to reduce These species’ natural biological evidence suggesting it currently consists sportfishing-related mortality and/or vulnerability to overexploitation and of small, fragmented, isolated, and diver disturbance of the angelshark in present demographic risks (e.g., low and declining populations that are likely to the Canary Islands, data collection to declining abundance, small and isolated be strongly influenced by stochastic or inform conservation (including genetic populations, patchy distribution, and depensatory processes. Based on tagging and tagging research), and awareness- low productivity) are currently data, the Canary Island population, raising campaigns to promote the exacerbating the negative effects of these whose present abundance and importance of the Canary Islands for threats and placing these species in population structure remains unknown, angelshark conservation (ASP 2014; E. danger of extinction. We therefore may be confined to this small Meyers, pers. comm. 2015; J. Barker, propose to list all three species as geographic area. With limited inter- pers. comm. 2015). While funding has endangered. population exchange, its susceptibility been secured for some of these to natural environmental and activities, including for a pilot Effects of Listing demographic fluctuations increases its angelshark tagging program, many of the Conservation measures provided for risk of extirpation. The vulnerabilities of other efforts described above are species listed as endangered or this species (small population sizes, dependent on additional future funding threatened under the ESA include declining trends, potential isolation) are (J. Barker, pers. comm. 2015). As such, recovery actions (16 U.S.C. 1533(f)); further exacerbated by the present the likelihood of implementation of concurrent designation of critical threats of curtailment of range, these projects remains uncertain. There habitat, if prudent and determinable (16 overutilization, and inadequacy of is also a collaborative effort sponsored U.S.C. 1533(a)(3)(A)); Federal agency existing regulatory measures that will by Deep Sea World (Scotland’s National requirements to consult with NMFS either contribute or continue to Aquarium) and Hastings Blue Reef under section 7 of the ESA to ensure contribute to the decline of the existing Aquarium to breed angelsharks in their actions do not jeopardize the populations, compromising the species’ captivity, and in 2011, they were species or result in adverse modification long-term viability. The demersal successful. A female S. squatina or destruction of critical habitat should fisheries that historically contributed to successfully delivered 19 pups in it be designated (16 U.S.C. 1536); and

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40986 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

prohibitions on taking (16 U.S.C. 1538). squatina as being entirely outside U.S. (3) Importing or exporting these Recognition of the species’ plight jurisdiction, so we cannot designate angelshark species or any part of these through listing promotes conservation critical habitat for these species. species. actions by Federal and state agencies, We can designate critical habitat in We emphasize that whether a foreign entities, private groups, and areas in the United States currently violation results from a particular individuals. The main effects of the unoccupied by the species, if the area(s) activity is entirely dependent upon the proposed endangered listings are are determined by the Secretary to be facts and circumstances of each prohibitions on take, including export essential for the conservation of the incident. Further, an activity not listed and import. species. Regulations at 50 CFR 424.12(e) may in fact result in a violation. Identifying Section 7 Conference and specify that we shall designate as Public Comments Solicited Consultation Requirements critical habitat areas outside the geographical range presently occupied To ensure that any final action Section 7(a)(2) (16 U.S.C. 1536(a)(2)) by the species only when the resulting from this proposed rule will be of the ESA and NMFS/USFWS designation limited to its present range as accurate and effective as possible, we regulations require Federal agencies to would be inadequate to ensure the are soliciting comments and information consult with us to ensure that activities conservation of the species. The best from the public, other concerned they authorize, fund, or carry out are not available scientific and commercial governmental agencies, the scientific likely to jeopardize the continued information on these species does not community, industry, and any other existence of listed species or destroy or indicate that U.S. waters provide any interested parties on information in the adversely modify critical habitat. specific essential biological function for status review and proposed rule. Section 7(a)(4) (16 U.S.C. 1536(a)(4)) of any of the Squatina species proposed Comments are encouraged on these the ESA and NMFS/USFWS regulations for listing. Therefore, based on the proposals (See DATES and ADDRESSES). also require Federal agencies to confer available information, we do not intend We must base our final determination with us on actions likely to jeopardize to designate critical habitat for S. on the best available scientific and the continued existence of species aculeata, S. oculata, or S. squatina. commercial information when making proposed for listing, or that result in the listing determinations. We cannot, for destruction or adverse modification of Identification of Those Activities That example, consider the economic effects proposed critical habitat of those Would Constitute a Violation of Section of a listing determination. Final species. It is unlikely that the listing of 9 of the ESA promulgation of any regulation(s) on these species under the ESA will On July 1, 1994, NMFS and FWS these species’ listing proposals will take increase the number of section 7 published a policy (59 FR 34272) that into consideration the comments and consultations, because these species requires us to identify, to the maximum any additional information we receive, occur outside of the United States and extent practicable at the time a species and such communications may lead to are unlikely to be affected by Federal is listed, those activities that would or a final regulation that differs from this actions. would not constitute a violation of proposal or result in a withdrawal of Critical Habitat section 9 of the ESA. this listing proposal. We particularly seek: Critical habitat is defined in section 3 Because we are proposing to list all three Squatina species as endangered, (1) Information concerning the threats of the ESA (16 U.S.C. 1532(5)) as: (1) to any of the Squatina species proposed The specific areas within the all of the prohibitions of section 9(a)(1) of the ESA will apply to these species. for listing; geographical area occupied by a species, (2) Taxonomic information on any of at the time it is listed in accordance These include prohibitions against the import, export, use in foreign these species; with the ESA, on which are found those (3) Biological information (life commerce, or ‘‘take’’ of the species. physical or biological features (a) history, genetics, population These prohibitions apply to all persons essential to the conservation of the connectivity, etc.) on any of these subject to the jurisdiction of the United species and (b) that may require special species; States, including in the United States, management considerations or (4) Efforts being made to protect any its territorial sea, or on the high seas. protection; and (2) specific areas outside of these species throughout their current Take is defined as ‘‘to harass, harm, the geographical area occupied by a ranges; species at the time it is listed upon a pursue, hunt, shoot, wound, kill, trap, (5) Information on the commercial determination that such areas are capture, or collect, or to attempt to trade of any of these species; essential for the conservation of the engage in any such conduct.’’ The intent (6) Historical and current distribution species. ‘‘Conservation’’ means the use of this policy is to increase public and abundance and trends for any of of all methods and procedures needed awareness of the effects of this listing on these species; and to bring the species to the point at proposed and ongoing activities within (7) Current or planned activities which listing under the ESA is no the species’ range. Activities that we within the range of these species and longer necessary. Section 4(a)(3)(A) of believe could result in a violation of their possible impact on these species. the ESA (16 U.S.C. 1533(a)(3)(A)) section 9 prohibitions for these species We request that all information be requires that, to the extent prudent and include, but are not limited to, the accompanied by: 1) supporting determinable, critical habitat be following: documentation, such as maps, designated concurrently with the listing (1) Delivering, receiving, carrying, bibliographic references, or reprints of of a species. However, critical habitat transporting, or shipping in interstate or pertinent publications; and 2) the shall not be designated in foreign foreign commerce any individual or submitter’s name, address, and any countries or other areas outside U.S. part, in the course of a commercial association, institution, or business that jurisdiction (50 CFR 424.12(h)). activity; the person represents. The best available scientific and (2) Selling or offering for sale in commercial data as discussed above interstate commerce any part, except Role of Peer Review identify the geographical areas occupied antique articles at least 100 years old; In December 2004, the Office of by Squatina aculeata, S. oculata, and S. and Management and Budget (OMB) issued

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules 40987

a Final Information Quality Bulletin for that ESA listing actions are not subject nations within the range of all three Peer Review establishing a minimum to the environmental assessment species. As the process continues, we peer review standard. Similarly, a joint requirements of the National intend to continue engaging in informal NMFS/FWS policy (59 FR 34270; July 1, Environmental Policy Act (NEPA) (See and formal contacts with the U.S. State 1994) requires us to solicit independent NOAA Administrative Order 216–6). Department, giving careful expert review from qualified specialists, consideration to all written and oral Executive Order 12866, Regulatory concurrent with the public comment comments received. period. The intent of the peer review Flexibility Act, and Paperwork policy is to ensure that listings are based Reduction Act List of Subjects in 50 CFR Part 224 on the best scientific and commercial As noted in the Conference Report on Endangered and threatened species, data available. We solicited peer review the 1982 amendments to the ESA, Exports, Imports, Transportation. comments on the status review report economic impacts cannot be considered Dated: July 8, 2015. (Miller 2015) from four scientists when assessing the status of a species. Samuel D. Rauch, III. familiar with the three angelshark Therefore, the economic analysis species. We received and reviewed requirements of the Regulatory Deputy Assistant Administrator for comments from these scientists, and Regulatory Programs, National Marine Flexibility Act are not applicable to the Fisheries Service. their comments are incorporated into listing process. In addition, this the draft status review report for the proposed rule is exempt from review For the reasons set out in the three Squatina species and this under Executive Order 12866. This preamble, 50 CFR part 224 is proposed proposed rule. Their comments on the proposed rule does not contain a to be amended as follows: status review are summarized in the collection-of-information requirement PART 224—ENDANGERED MARINE peer review report and available at for the purposes of the Paperwork AND ANADROMOUS SPECIES http://www.cio.noaa.gov/services_ Reduction Act. programs/prplans/PRsummaries.html. Executive Order 13132, Federalism ■ 1. The authority citation for part 224 References continues to read as follows: In accordance with E.O. 13132, we A complete list of the references used determined that this proposed rule does Authority: 16 U.S.C. 1531–1543 and 16 in this proposed rule is available upon not have significant Federalism effects U.S.C. 1361 et seq. request (see ADDRESSES). and that a Federalism assessment is not ■ 2. In § 224.101, amend the table in Classification required. In keeping with the intent of paragraph (h) by adding new entries for the Administration and Congress to three species in alphabetical order National Environmental Policy Act provide continuing and meaningful under the ‘‘Fishes’’ table subheading to The 1982 amendments to the ESA, in dialogue on issues of mutual state and read as follows: section 4(b)(1)(A), restrict the Federal interest, this proposed rule will information that may be considered be given to the relevant governmental § 224.101 Enumeration of endangered when assessing species for listing. Based agencies in the countries in which the marine and anadromous species. on this limitation of criteria for a listing species occurs, and they will be invited * * * * * decision and the opinion in Pacific to comment. We will confer with the (h) The endangered species under the Legal Foundation v. Andrus, 675 F. 2d U.S. Department of State to ensure jurisdiction of the Secretary of 825 (6th Cir. 1981), we have concluded appropriate notice is given to foreign Commerce are:

Species 1 Citation(s) for listing Critical ESA rules Common name Scientific name Description of listed entity determination(s) habitat

******* Fishes

******* Shark, common angel- ...... Squatina squatina ...... Entire species ...... [Insert Federal Register ci- NA ...... NA. tation and date when published as a final rule]. Shark, sawback angel- ...... Squatina aculeata ...... Entire species ...... [Insert Federal Register ci- NA ...... NA. tation and date when published as a final rule]. Shark, smoothback angel- .. Squatina oculata ...... Entire species ...... [Insert Federal Register ci- NA ...... NA. tation and date when published as a final rule].

*******

VerDate Sep<11>2014 19:37 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS 40988 Federal Register / Vol. 80, No. 134 / Tuesday, July 14, 2015 / Proposed Rules

[FR Doc. 2015–17016 Filed 7–13–15; 8:45 am] 0150, click the ‘‘Comment Now!’’ icon, fisheries by creating vessel-level and/or BILLING CODE 3510–22–P complete the required fields, and enter cooperative-level incentives to avoid or attach your comments. and reduce bycatch, and to create • Mail: Submit written comments to accountability measures for participants DEPARTMENT OF COMMERCE Glenn Merrill, Assistant Regional when utilizing target and bycatch Administrator, Sustainable Fisheries species. The Council also intends for the National Oceanic and Atmospheric Division, Alaska Region NMFS, Attn: program to improve operational Administration Ellen Sebastian. Mail comments to P.O. efficiencies, reduce incentives to fish Box 21668, Juneau, AK 99802–1668. during unsafe conditions, and support 50 CFR Part 679 Instructions: Comments sent by any the continued participation of coastal RIN 0648–XD649 other method, to any other address or communities that are dependent on the individual, or received after the end of fisheries. NMFS and the Council have Fisheries of the Exclusive Economic the comment period, may not be determined the preparation of an EIS Zone Off Alaska; Groundfish Fisheries considered by NMFS. All comments may be required for this action because in the Gulf of Alaska received are a part of the public record some important aspects of the bycatch and will generally be posted for public management program on target and AGENCY: National Marine Fisheries bycatch species and their users may be Service (NMFS), National Oceanic and viewing on www.regulations.gov uncertain or unknown and may result in Atmospheric Administration (NOAA), without change. All personal identifying significant impacts on the human Commerce. information (e.g., name, address), confidential business information, or environment not previously analyzed. ACTION: Notice; intent to prepare an otherwise sensitive information Thus, NMFS and the Council are environmental impact statement; submitted voluntarily by the sender will initiating scoping for an EIS in the event request for written comments. be publicly accessible. NMFS will an EIS is needed. SUMMARY: NMFS, in consultation with accept anonymous comments (enter NMFS and the Council are seeking the North Pacific Fishery Management ‘‘N/A’’ in the required fields if you wish information from the public through the Council (Council), announces its intent to remain anonymous). EIS scoping process on the range of to prepare an Environmental Impact FOR FURTHER INFORMATION CONTACT: alternatives to be analyzed, and on the Statement (EIS) on a new management Rachel Baker, (907) 586–7228 or email environmental, social, and economic program for trawl groundfish fisheries [email protected]. issues to be considered in the analysis. in the Gulf of Alaska (GOA), in Written comments generated during this SUPPLEMENTARY INFORMATION: Under the scoping process will be provided to the accordance with the National Magnuson-Stevens Fishery Environmental Policy Act of 1969 Council and incorporated into the EIS Conservation and Management Act for the proposed action. (NEPA). The proposed action would (Magnuson-Stevens Act), the United create a new management program that States has exclusive fishery Management of the GOA Trawl would allocate allowable harvest to management authority over all living Groundfish Fisheries individuals, cooperatives, and other marine resources found within the The Council and NMFS annually entities that participate in GOA trawl exclusive economic zone (EEZ). The establish biological thresholds and groundfish fisheries. The proposed management of these marine resources, annual total allowable catch limits for action is intended to improve stock with the exception of marine mammals groundfish species to sustainably conservation by imposing accountability and birds, is vested in the Secretary of manage the groundfish fisheries in the measures for utilizing target, incidental, Commerce (Secretary). The Council has GOA. To achieve these objectives, and prohibited species catch, creating the responsibility to prepare fishery NMFS requires vessel operators incentives to eliminate wasteful fishing management plans for the fishery participating in GOA groundfish practices, providing mechanisms for resources that require conservation and fisheries to comply with various participants to control and reduce management in the EEZ off Alaska. restrictions, such as fishery closures, to bycatch in the trawl groundfish Management of the Federal groundfish maintain catch within specified total fisheries, and to improve safety of life at fisheries in the GOA is carried out allowable catch limits. The GOA sea and operational efficiencies. The EIS under the Fishery Management Plan for groundfish fishery restrictions also will analyze the impacts to the human Groundfish of the Gulf of Alaska (FMP). include measures that are intended to environment resulting from the The FMP, its amendments, and minimize catch of certain species, called proposed trawl bycatch management implementing regulations (found at 50 prohibited species, which may not be program. NMFS will accept written CFR part 679) are developed in retained for sale by the vessel harvesting comments from the public to identify accordance with the requirements of the groundfish. For example, current GOA the issues of concern and assist the Magnuson-Stevens Act and other groundfish fishery regulations require Council in determining the appropriate applicable Federal laws and executive Pacific halibut prohibited species catch range of management alternatives for the orders, notably the National (PSC) to be discarded immediately after EIS. Environmental Policy Act (NEPA) and it is recorded, and Chinook salmon must DATES: Written comments will be the Endangered Species Act (ESA). be retained by the harvest vessel only accepted through August 28, 2015. The Council is considering the until sampled by an observer. The GOA ADDRESSES: You may submit comments establishment of a new management groundfish fishery restrictions also on this document, identified by NOAA– program for the GOA trawl groundfish include PSC limits for Pacific halibut NMFS–2014–0150, by any of the fisheries. The proposed action would and Chinook salmon to constrain the following methods: allocate allowable harvest of selected amount of bycatch of these species in • Electronic Submission: Submit all target and bycatch species to the groundfish fisheries. When harvest electronic public comments via the individuals, cooperatives, and other of prohibited species in a groundfish Federal e-Rulemaking Portal. Go to entities. The purpose of the program is fishery reaches the specified PSC limit www.regulations.gov/ to improve management of all species for that fishery, NMFS closes directed #!docketDetail;D=NOAA-NMFS-2014- caught in the GOA trawl groundfish fishing for the target groundfish species,

VerDate Sep<11>2014 18:44 Jul 13, 2015 Jkt 235001 PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 E:\FR\FM\14JYP1.SGM 14JYP1 asabaliauskas on DSK5VPTVN1PROD with PROPOSALS