48948 Federal Register / Vol. 82, No. 203 / Monday, October 23, 2017 / Proposed Rules

DEPARTMENT OF COMMERCE NMFS–2016–0098, by either of the threatened or endangered under the following methods: ESA (16 U.S.C. 1531 et seq.). To make National Oceanic and Atmospheric • Electronic Submissions: Submit all this determination, we first consider Administration electronic public comments via the whether a group of organisms Federal eRulemaking Portal. Go to constitutes a ‘‘species’’ under section 3 50 CFR Part 223 www.regulations.gov/#&!docketDetail; of the ESA, then whether the status of D=NOAA-NMFS-2016-0098. Click the the species qualifies it for listing as [Docket No. 160614518–7999–02] ‘‘Comment Now’’ icon, complete the either threatened or endangered. Section RIN 0648–XE685 required fields, and enter or attach your 3 of the ESA defines species to include comments. subspecies and, for any vertebrate • 12-Month Finding and Proposed Rule Mail: Submit written comments to species, any distinct population To List the Chambered Nautilus as Maggie Miller, NMFS Office of segment (DPS) that interbreeds when Threatened Under the Endangered Protected Resources (F/PR3), 1315 East mature (16 U.S.C. 1532(16)). Because Species Act West Highway, Silver Spring, MD the chambered nautilus is an 20910, USA. invertebrate, the ESA does not permit us AGENCY: National Marine Fisheries Instructions: Comments sent by any to consider listing individual Service (NMFS), National Oceanic and other method, to any other address or populations as DPSs. Atmospheric Administration (NOAA), individual, or received after the end of Section 3 of the ESA defines an Commerce. the comment period, may not be endangered species as ‘‘any species ACTION: Proposed rule; 12-month considered by NMFS. All comments which is in danger of extinction petition finding; request for comments. received are a part of the public record throughout all or a significant portion of and will generally be posted for public its range’’ and a threatened species as SUMMARY: We, NMFS, announce a 12- viewing on www.regulations.gov one ‘‘which is likely to become an month finding on a petition to list the without change. All personally endangered species within the chambered nautilus (Nautilus identifying information (e.g., name, foreseeable future throughout all or a pompilius) as a threatened species or an address, etc.), confidential business significant portion of its range.’’ Thus, endangered species under the information, or otherwise sensitive in the context of the ESA, the Services Endangered Species Act (ESA). We have information submitted voluntarily by interpret an ‘‘endangered species’’ to be completed a comprehensive status the sender will be publicly accessible. one that is presently at risk of review of the species in response to this NMFS will accept anonymous extinction. A ‘‘threatened species’’ is petition. Based on the best scientific and comments (enter ‘‘N/A’’ in the required not currently at risk of extinction, but is commercial information available, fields if you wish to remain likely to become so in the foreseeable including the status review report anonymous). future (that is, at a later time). The key (Miller 2017), and after taking into The petition, status review report, statutory difference between a account efforts being made to protect Federal Register notices, and the list of threatened and endangered species is the species, we have determined that references can be accessed the timing of when a species is or is the chambered nautilus is likely to electronically online at: http://www. likely to become in danger of extinction, become an endangered species within fisheries.noaa.gov/pr/species/ either presently (endangered) or in the the foreseeable future throughout its invertebrates/chambered-nautilus.html. foreseeable future (threatened). range. Therefore, we propose to list the FOR FURTHER INFORMATION CONTACT: When we consider whether a species chambered nautilus as a threatened Maggie Miller, NMFS, Office of qualifies as threatened under the ESA, species under the ESA. Any protective Protected Resources, (301) 427–8403. we must consider the meaning of the regulations determined to be necessary SUPPLEMENTARY INFORMATION: term ‘‘foreseeable future.’’ It is and advisable for the conservation of the appropriate to interpret ‘‘foreseeable Background proposed threatened chambered future’’ as the horizon over which nautilus under ESA section 4(d) will be On May 31, 2016, we received a predictions about the conservation proposed in a separate Federal Register petition from the Center for Biological status of the species can be reasonably announcement. Should the proposed Diversity to list the chambered nautilus relied upon. What constitutes the listing be finalized, we would also (N. pompilius) as a threatened species or foreseeable future for a particular designate critical habitat for the species, an endangered species under the ESA. species depends on species-specific to the maximum extent prudent and On August 26, 2016, we published a factors such as the life history of the determinable; however, we have positive 90-day finding (81 FR 58895) species, habitat characteristics, determined that critical habitat is not announcing that the petition presented availability of data, particular threats, determinable at this time. We solicit substantial scientific or commercial ability to predict threats, and the information to inform our final listing information indicating that the reliability to forecast the effects of these determination, the development of petitioned action may be warranted for threats and future events on the status potential protective regulations, and the chambered nautilus. We also of the species under consideration. potential designation of critical habitat announced the initiation of a status Because a species may be susceptible to in the event the proposed threatened review of the species, as required by a variety of threats for which different listing for the chambered nautilus is section 4(b)(3)(a) of the ESA, and data are available, or which operate finalized. requested information to inform the across different time scales, the agency’s decision on whether this foreseeable future is not necessarily DATES: Comments on the proposed rule species warrants listing as endangered reducible to a particular number of to list the chambered nautilus must be or threatened under the ESA. years. received by December 22, 2017. Public The statute requires us to determine hearing requests must be made by Listing Species Under the Endangered whether any species is endangered or December 7, 2017. Species Act threatened throughout all or a ADDRESSES: You may submit comments We are responsible for determining significant portion of its range as a on this document, identified by NOAA– whether the chambered nautilus is result of any one or a combination of

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any of the following factors: The present status review report was peer reviewed perhaps only two of these five species or threatened destruction, modification, by independent specialists selected are valid: N. pompilius and N. or curtailment of its habitat or range; from the academic and scientific macromphalus, with the other three overutilization for commercial, community, with expertise in nautilus species more appropriately placed recreational, scientific, or educational biology, conservation, and management. within N. pompilius (Vandepas et al. purposes; disease or predation; the The peer reviewers were asked to 2016; Ward et al. 2016). Saunders et al. inadequacy of existing regulatory evaluate the adequacy, appropriateness, (2017) suggested that consensus may be mechanisms; or other natural or and application of data used in the trending towards treating N. pompilius manmade factors affecting its continued status review, including the extinction as a ‘‘superspecies’’ taxonomically, with existence. 16 U.S.C. 1533(a)(1). We are risk analysis. All peer reviewer N. stenomphalus, N. belauensis, and N. also required to make listing comments were addressed prior to repertus as subspecies. determinations based solely on the best dissemination and finalization of the However, because the taxonomy of scientific and commercial data draft status review report and the Nautilus genus is not fully resolved, available, after conducting a review of publication of this finding. with ongoing debate as to the number of the species’ status and after taking into We subsequently reviewed the status species that exist, we follow the latest account efforts, if any, being made by review report, its cited references, and scientific consensus of the taxonomy of any state or foreign nation (or peer review comments, and believe the the Nautilus genus as acknowledged by subdivision thereof) to protect the status review report, upon which this the ITIS, with N. pompilius identified as species. 16 U.S.C. 1533(b)(1)(A). 12-month finding and proposed rule is one of five recognized species. The chambered nautilus is an Status Review based, provides the best available scientific and commercial information externally-shelled cephalopod with a A NMFS biologist in the Office of on the chambered nautilus. Much of the distinctive coiled calcium-carbonate Protected Resources conducted the information discussed below on the shell that is divided into chambers. The status review for the chambered species’ biology, distribution, shell can range in color from white to nautilus (Miller 2017). The status abundance, threats, and extinction risk orange, and even purple, with unique review is a compilation of the best is presented in the status review report. color patterns (Barord 2015). Its available scientific and commercial However, in making the 12-month distinctive coiled shell is what makes information on the species’ biology, finding determination and proposed the chambered nautilus a highly sought ecology, life history, threats, and status rule, we have independently applied the after commodity in international trade from information contained in the statutory provisions of the ESA, (Convention on International Trade in petition, our files, a comprehensive including evaluation of the factors set Endangered Species of Wild Fauna and literature search, and consultation with forth in section 4(a)(1)(A)–(E) and our Flora (CITES) 2016). The body of the nautilus experts. We also considered regulations regarding listing chambered nautilus is housed in the information submitted by the public in determinations at 50 CFR part 424. The largest chamber within the shell, and response to our petition finding. In status review report is available on our when the animal is attacked, it can seal assessing the extinction risk of the itself into this chamber, closing the Web site (see ADDRESSES section) and chambered nautilus, we considered the the peer review report is available at opening with a large, fleshy hood (Jereb demographic viability factors developed http://www.cio.noaa.gov/services_ 2005). The chambered nautilus also has by McElhany et al. (2000). The approach programs/prplans/PRsummaries.html. up to 90 tentacles, without suckers, of considering demographic risk factors Below is a summary of the information which they use to dig in substrate and to help frame the consideration of from the status review report and our scavenge for food (Barord 2015) and to extinction risk is well accepted and has analysis of the status of the chambered grab on to reef surfaces for rest (CITES been used in many of our status nautilus. Further details can be found in 2016). reviews, including for Pacific Miller (2017). salmonids, Pacific hake, walleye Range, Distribution and Habitat Use pollock, Pacific cod, Puget Sound Description, Life History, and Ecology The chambered nautilus is found in rockfishes, Pacific herring, scalloped, of the Petitioned Species tropical, coastal reef, deep-water great, and smooth hammerhead sharks, habitats of the Indo-Pacific. Its known Species Taxonomy and Description and black abalone (see http:// range includes waters off American www.nmfs.noaa.gov/pr/species/ for Nautilus taxonomy is controversial. Samoa, Australia, Fiji, India, Indonesia, links to these reviews). In this approach, Based on the Integrated Taxonomic Malaysia, Papua New Guinea, the collective condition of individual Information System (ITIS), which has a Philippines, Solomon Islands, and populations is considered at the species disclaimer that states it ‘‘is based on the Vanuatu, and it may also potentially level according to four viable latest scientific consensus available . . . occur in waters off China, Myanmar, population descriptors: abundance, [but] is not a legal authority for statutory Western Samoa, Thailand, and Vietnam growth rate/productivity, spatial or regulatory purposes,’’ two genera are (CITES 2016). Additionally, Saunders et structure/connectivity, and diversity. presently recognized within the family al. (2017) notes that traps set at Nautilus These viable population descriptors of Nautilidae: Allonautilus and depths in Yap (Caroline Islands), reflect concepts that are well-founded in Nautilus. The genus Allonautilus has Pohnpei and Majuro (Marshall Islands), conservation biology and that two recognized species: A. perforatus Kosrae (Gilbert Islands), Western individually and collectively provide and A. scrobiculatus. The genus Samoa, and Tonga failed to catch any strong indicators of extinction risk Nautilus has five recognized species: N. chambered nautiluses, providing (NMFS 2015). belauensis (Saunders 1981), N. ‘‘highly suggestive’’ evidence that the The draft status review report was macromphalus (Sowerby 1849), N. geographic range of N. pompilius may subjected to independent peer review as pompilius (Linnaeus 1758), N. repertus not extend out to these sites. required by the Office of Management (Iredale 1944), and N. stenomphalus Within its range, the chambered and Budget (OMB) Final Information (Sowerby 1849). However, a review and nautilus has a patchy distribution and is Quality Bulletin for Peer Review (M– analysis of recent genetic and unpredictable in its area of occupancy. 05–03; December 16, 2004). The draft morphological data suggests that Based on multiple research studies, the

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presence of suitable habitat on coral Diet and Feeding comprised of unrecognized sibling reefs does not necessarily indicate the Chambered nautiluses are described species that are genetically distinct and likelihood of chambered nautilus as deep-sea scavenging generalists and geographically isolated (CITES 2016). occurrence (CITES 2016). Additionally, opportunistic predators. As previously For example, in a recent examination of the chambered nautilus is limited in its mentioned, the chambered nautilus uses the genetic structure between an N. horizontal and vertical distribution its 90 retractable tentacles to dig in the pompilius population off Western throughout its range due to substrate and feed on a variety of Australia and one off the Philippines, physiological constraints. organisms, including fish, crustaceans, Williams et al. (2015) concluded that Physiologically, the chambered nautilus echinoids, nematodes, cephalopods, very little gene flow exists between cannot tolerate temperatures above these two populations. The authors note ° other marine invertebrates, and detrital approximately 25 C or depths exceeding matter (Saunders and Ward 2010; that the absence of migration between around 750–800 meters (m) (Ward et al. Barord 2015). The chambered nautilus the Philippines and Western Australia 1980; Carlson 2010). At depths greater also has an acute sense of olfaction and indicates that recolonization would not than 800 m, the hydrostatic pressure can easily smell odors (such as prey) in be possible if the Philippines will cause the shell of the nautilus to turbulent waters from significant population were to be extirpated implode, thereby killing the animal distances (of up to 10 m) (Basil et al. (Williams et al. 2015). (Ward et al. 1980). Based on these 2000). On a smaller geographic/population physiological constraints, the scale, Sinclair et al. (2007) analyzed chambered nautilus is considered to be Growth and Reproduction DNA sequence information from N. an extreme habitat specialist, found in The general life history characteristics pompilius collected from the Coral Sea association with steep-sloped forereefs of the chambered nautilus are that of a and the outer edges of the Great Barrier with sandy, silty, or muddy-bottomed rare, long-lived, late-maturing, and Reef in northern Queensland (‘‘Northern substrates. Within these habitats, the slow-growing marine invertebrate GBR’’) and found population-specific species ranges from around 100 m species, with likely low reproductive genetic differentiation. Through use of depths (which may vary depending on output. Circumferential growth rate for Random Amplification of Polymorphic the water temperature) to around 500 m the chambered nautilus is estimated to DNA (RAPD) analysis and partial depths (CITES 2016). The chambered range from 0.053 mm/day to 0.23 mm/ sequencing of the CoxI gene region, the nautilus does not swim in the open day and slows as the animal approaches authors determined that there is genetic water column (likely due to its maturity (Dunstan et al. 2010; Dunstan divergence between the geographic vulnerability to predation), but rather et al. 2011b). However, average size at lineages of ‘‘Northern GBR’’ and ‘‘Coral remains near the reef slopes and bottom maturity of N. pompilius appears to vary Sea,’’ indicating distinct groups of substrate, and thus can be best among regions, with smaller shell populations and pointing to the characterized as a nektobenthic or diameters noted around the Philippines, potential for larger-scale geographic epibenthic species (Barord (Barord et al. Fiji, and eastern Australia and larger divergence of the species. In a follow-up 2014; CITES 2016). diameters off Indonesia (see Table 1 in study, Sinclair et al. (2011) found an Nautilus pompilius can travel Miller 2017). Additionally, the species even greater degree of genetic variation distances of up to 6 kilometers (km) in exhibits sexual dimorphism, with males between populations on the east coast of a day facilitated by currents (Dunstan et consistently growing to larger sizes than Australia (using the ‘‘Northern GBR’’ and ‘‘Coral Sea’’ populations) and the al. 2011c). However, at the depths females (Saunders and Ward 2010). where these animals are generally active Chambered nautilus longevity is at west coast of Australia (Scott Reef), with (>200 m), currents are weak and least 20 years, with age to maturity phylogenetic analyses suggesting three movements are primarily accomplished between 10 and 17 years (Dunstan et al. genetically divergent populations. In addition to genetics, other studies through self-propulsion, with observed 2011b; Ward et al. 2016). Very little is have looked at morphological N. pompilius distances of up to 3.2 km known regarding nautilus reproduction differences to examine isolation per day and maximum speeds of up to in the wild. Observations of captive between N. pompilius populations. For 1.18 km/hour for short periods of time animals suggest that nautiluses example, based on biometric analysis of (less than 6 hours) (Dunstan et al. reproduce sexually and have multiple 2011a). N. pompilius from the Philippines and reproductive cycles over the course of Despite the apparent temperature and Fiji, Tanabe and Tsukahara (2010) their lifetime. Based on data from depth constraints of the species, larger- concluded that the populations are scale migrations, although rare, have captive N. belauensis and N. morphologically differentiated, finding occurred. For example, an N. pompilius macromphalus individuals, female statistically significant differences in specimen was captured off southern nautiluses may lay up to 10 to 20 eggs weight, size at maturity, and slopes of Japan in the 1970s and assumed to have per year, which hatch after a lengthy allometric relationships of drifted 2,000 km in the Kuroshio embryonic period of around 10 to 12 morphological characters between the Current from the Philippines (Saunders months (Uchiyama and Tanabe 1999; two populations. 2010). Saunders (2010) notes that these Barord and Basil 2014; Carlson 2014). While it is thought that deep water movements across large stretches of There is no larval phase, with juveniles largely serves as a barrier to movement either shallow, warm water (< 100 hatching at sizes of 22 to 23 millimeters of N. pompilius, explaining the isolation meters (m), > 25° C) or deep water (> (mm) in diameter, and potentially of the above populations, results from 800m) would likely be accomplished migrating to deeper and cooler waters Swan and Saunders (2010) suggest it is only by drifting or rafting (i.e., moving (Barord and Basil 2014); however, live more likely a combination of both depth passively with ocean currents) through hatchlings have rarely been observed in and geographic distance. In their study, midwater or surface waters. However, the wild. Swan and Saunders (2010) examined the author notes that these movement Population Demographics and Structure the correlation between morphological events must have occurred ‘‘with differences and distances between sufficient frequency’’ to account for the Isolated Populations populations in Papua New Guinea, species’ distribution across the Indo- Most of the recent genetic data suggest including some that were separated by Pacific (Saunders 2010). that N. pompilius may actually be deep water (> 1000 m). Their findings

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showed that adaptive equilibrium had the current level of genetic diversity traps to capture chambered nautiluses, not yet been attained, indicating that the across the entire range of the species there may be an aspect of sampling bias populations are not completely remains highly uncertain. Further in terms of the size and sex of genetically isolated (Swan and Saunders morphological and genetic tests individuals attracted to the traps. For 2010). As such, the authors surmised examining differences within and example, laboratory studies by Basil that there is at least some degree of among populations are needed. (2014) suggest that female N. pompilius contact and gene flow between the may repel each other. Potentially, this Sex-Ratios and Population Structure Papua New Guinea populations, female avoidance of one another may through potentially rafting or midwater Regarding population structure, the explain why fewer females are found in movements, with the amount inversely available information indicates the baited-trap field studies. In fact, in related to the geographic distance chambered nautilus populations are a study of N. pompilius drift shells that between the populations (Swan and comprised mainly of male and mature were collected between 1984 and 1987 Saunders 2010). individuals. Based on trapping data, in Papua New Guinea (n = 1,329), 54 Given the above information, it is including mark-recapture studies, male percent were male, suggesting a much reasonable to assume that populations N. pompilius appear to dominate the different sex ratio than those separated by large geographic distances chambered nautilus catch, with determined from baited studies and deep water are genetically proportions of 75 to 80 percent (CITES (Saunders et al. 1991). Given the differentiated, with very little to no gene 2016). In addition, a large proportion of conflicting information, further research flow. those captured (around 75 percent) are on sex ratios in the wild, as well as a mature, with juvenile N. pompilius Diversity better understanding of the population individuals rarely caught (CITES 2016). structure of the species, is needed before In terms of genetic diversity, Williams Saunders et al. (2017) state that the definitive conclusions can be drawn on et al. (2015) estimated large ancestral male-female sex ratio and composition this particular point. and current effective population sizes of mature individuals in nautilus for the Philippines (current median size populations provides clues to the Population Abundance and Trends = 3,190,920) and Ashmore Reef current stability of the population. In The global abundance of N. pompilius (Western Australia) (current median size the authors’ study, they compared 16 is unknown, with no available historical = 2,562,800) populations, indicating a nautilus populations from ‘‘unfished’’ baseline population data. In fact, the low likelihood of the fixation of alleles areas (in Papua New Guinea, Australia, first study to estimate baseline and no evidence of significant genetic Indonesia, Fiji, Palau, American Samoa, population size and density for the drift impacts in either population. New Caledonia, and Vanuatu) to two species in a given area was only recently Additionally, the authors found no populations in the Philippines that have conducted by Dunstan et al. (2011a). significant difference in the allelic been subject to decades of uncontrolled This study examined the N. pompilius richness between the sampled locations exploitation and provided an estimate of population at Osprey Reef, an isolated in the Philippines and Western quantitative measures to illustrate coral seamount off Australia’s Australia. In other words, the data tend demographic disturbance, or northeastern coast with no history of to suggest that the species may have ‘‘disequilibrium,’’ in a nautilus nautilus exploitation. Based on data high genetic diversity. However, population. Specifically, Saunders et al. collected from 2000 to 2006, the authors Williams et al. (2015) caution that due (2017) found that the mean percentage estimated that the population at Osprey to the low fecundity and long generation of mature animals in the unfished Reef consisted of between 844 and 4,467 time of the species, genetic responses to nautilus populations (n = 16) was 73.9 individuals, with a density estimate of current exploitation rates (such as percent (standard deviation (SD): 21.8, 14.6 to 77.4 individuals per square decreases in genetic diversity) may not standard error (SE): 5.1) and the mean kilometer (km2) (Dunstan et al. 2011a). yet be detectable. In fact, using CoxI percentage of males was 75.0 percent Subsequent research, conducted by sequences from N. pompilius across its (SD: 16.4, SE: 4.1). The authors Barord et al. (2014), provided range and Tajima’s D test to examine suggested that these proportions could abundance estimates of nautiluses departures from population equilibrium, be used as a baseline for determining (species not identified) from four Vandepas et al. (2016) found significant whether a population (of n > 100 locations in the Indo-Pacific: The negative Tajima’s D values for the individuals) is at equilibrium (Saunders Panglao region of the Bohol Sea, populations in Western Australia, New et al. 2017). In contrast, the intensely Philippines, with 0.03 individuals per Caledonia and Papua New Guinea. fished Philippine population from km2, Taena Bank near Pago Pago These results indicate an excess of rare Tan˜ on Straits (n = 353 individuals) had Harbor, American Samoa, with 0.16 alleles or high-frequency a male proportion of only 28 percent individuals per km2, the Beqa Passage polymorphisms within the populations, and mature individuals comprised only in Viti Levu, Fiji, with 0.21 individuals suggesting they may be currently 26.6 percent of the population, which per km2, and the Great Barrier Reef recovering from possible bottleneck the authors suggest are levels that signal along a transect from Cairns to Lizard events. While not statistically pending collapse of the local fishery Island, Australia, with 0.34 individuals significant, the Tajima’s D values for the (Saunders et al. 2017). Ultimately, the per km2 (see Table 2 in Miller 2017). rest of the sampled populations, with authors indicate that the ratios obtained With the exception of the Bohol Sea, the exception of Palau and Eastern by examining the sex and maturity these populations are located in areas Australia (i.e., Fiji, Indonesia, Vanuatu, composition of a nautilus population where fishing for nautiluses does not Philippines and American Samoa), were could be used as a basis for determining occur, suggesting that nautiluses may be also negative, suggesting that the species whether management and conservation naturally rare, or that other unknown potentially has low genetic diversity measures are appropriate. However, a factors, besides fishing, may be affecting across its range. caveat to this method is that it is unclear their abundance. The authors also Overall, given the available and if the male-biased sex ratio reflects the indicate that the population estimates somewhat conflicting information, the natural equilibrium for chambered from this study may, in fact, be level of genetic diversity needed to nautilus populations. Because these overestimates as they used baited maintain the survival of the species and population studies tend to use baited remote underwater video systems to

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attract individuals to the observation greatly by study. For example, most locations in the Palawan region has area (Barord et al. 2014). In either case, studies examining abundance of decreased by an estimated average of 80 these very low population estimates nautiluses are based on trapping data percent in less than 30 years. Anecdotal suggest that chambered nautiluses are where multiple traps can be set and left reports from fishermen that once fished especially vulnerable to exploitation, over multiple nights, or one trap can be for N. pompilius in the Sulu Sea note with limited capacity to recover from set for one night, and the particulars of that the species is near commercial depletion. This theory is further the trapping methods are generally not extinction, forcing fishermen to move to supported by the comparison between available from the anecdotal or study new areas in the South China Sea the population density in the Panglao descriptions. As such, the available (Freitas and Krishnasamy 2016). region of the Bohol Sea, where nautilus reported data are hard to standardize Furthermore, in Tawi Tawi, fishing is occurring, and the unfished across studies. It should also be noted Cayangacillo, and Tan˜ on Strait/Cebu, sites in American Samoa, Fiji, and that the majority of the data are over two Philippines, fisheries that once existed Australia, with the Bohol Sea density decades old, with no available recent for chambered nautiluses have since less than 20 percent of the smallest trapping estimates. Furthermore, been discontinued because of the rarity unfished population (Barord et al. although not yet confirmed by research, of the species, with Alcala and Russ 2014). many nautilus experts hypothesize that (2002) noting the likely extirpation of N. Recently, Williams et al. (2015) used chambered nautiluses likely occur in pompilius from Tan˜ on Strait in the late genetic modelling to estimate median locations where they are not currently 1980s. The fact that the species has not population sizes for N. pompilius from observed (NMFS 2014), suggesting yet recovered in the Tan˜ on Strait, locations in Australia and the abundance may be underestimated. despite an absence of nautilus fishing in Philippines. Specifically, the authors However, these experts agree that over two decades, further supports the examined genetic markers and used current abundance estimates cannot be susceptibility of the species to Bayesian clustering methods to estimate extrapolated across the species’ range exploitation and its limited capability to a median population size for the without considering suitable habitat and repopulate an area after depletion. Australian Ashmore Reef population likelihood of nautilus presence (NMFS Species Finding (which the authors note may possibly 2014), which has yet to be done. contain the entire Australian northwest Regarding current trends in Based on the best available scientific shelf nautilus population) at 2,562,800 abundance, N. pompilius populations and commercial information described individuals (Williams et al. 2015). Using are generally considered stable in areas above, we find that the latest scientific the same methods, Williams et al. (2015) where fisheries are absent (e.g., consensus is that N. pompilius is estimated a median size for the Palawan Australia) and declining in areas where considered a taxonomically-distinct region, Philippines, population at fisheries exist for the species; however, species and, therefore, meets the 3,190,920 individuals. The authors recent CPUE data from Fiji indicate a definition of ‘‘species’’ pursuant to recognize that the use of different decline despite no active fishery (FAO section 3 of the ESA. Below, we methods to generate population density 2016). In the unfished Australian evaluate whether this species warrants estimates (such as those used by Barord Osprey Reef population discussed listing as endangered or threatened et al. (2014)) will produce ‘‘predictably above, Dunstan et al. (2010) used mark- under the ESA throughout all or a dissimilar abundance data’’ (Williams et recapture methods to examine the trend significant portion of its range. al. 2015). Additionally, as mentioned in CPUE of individuals over a 12-year Summary of Factors Affecting the previously, the authors suggest that the period. Analysis of the CPUE data Chambered Nautilus large estimates from the genetic showed a slight increase of 28 percent methods (with no evidence of from 1997 to 2008, and while this As described previously, section population reduction) may indicate that increase was not statistically significant, 4(a)(1) of the ESA and NMFS’ the genetic response to exploitation the results indicate a stable N. implementing regulations (50 CFR (e.g., a decrease in allelic richness) has pompilius population in this 424.11(c)) state that we must determine not had enough time to become unexploited area (Dunstan et al. 2010). whether a species is endangered or detectable yet, unlike the trapping data In locations where fisheries have threatened because of any one or a from the above studies (Williams et al. operated or currently operate, anecdotal combination of the following factors: the 2015). declines and observed decreases in present or threatened destruction, Overall, abundance information is catches of nautilus species are reported modification, or curtailment of its extremely spotty and limited to only a (see Table 4 in Miller 2017). Citing habitat or range; overutilization for select number of locations (see Table 3 multiple personal communications, the commercial, recreational, scientific, or in Miller 2017). Based on data from the CITES (2016) proposal (to include all educational purposes; disease or 1980s, collected from sites off American species of nautiluses in Appendix II of predation; inadequacy of existing Samoa, Fiji, Papua New Guinea, and CITES) noted declines of N. pompilius regulatory mechanisms; or other natural Vanuatu, the average number of N. in Indian waters, where commercial or man-made factors affecting its pompilius individuals caught per trap harvest occurred in the past for several continued existence. We evaluated ranged from 1 to 30, depending on the decades, and in Indonesian waters, whether and the extent to which each of site (see Table 3 in Miller 2017). From where harvest is suspected to be the foregoing factors contribute to the 1998 to 2008, an average of 5.7 to 7.9 increasing. In fact, traders in Indonesia overall extinction risk of the chambered N. pompilius individuals were caught have observed a significant decrease nautilus. We considered the impact of per trap off Osprey Reef in Australia (with estimates up to 97 percent) in the all factors for which information is (Dunstan et al. 2011a). However, it is number of nautiluses collected over the available. For each relevant factor, we difficult to make comparisons between past 10 years, which may be an also considered whether a particular these locations using the available indication of a declining and depleted impact is having a minor or significant abundance and catch-per-unit-effort population (Freitas and Krishnasamy influence on the species’ status. A (CPUE) information (e.g., number of 2016). In the Philippines, Dunstan et al. ‘‘significant’’ contribution is defined, for individuals caught per trap) because the (2010) estimated that the CPUE of purposes of this evaluation, as methods of collecting the data vary Nautilus from four main nautilus fishing increasing the risk to such a degree that

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the factor affects the species’ Blast fishing is particularly to the potential effects of cyanide on the demographics (i.e., abundance, destructive as it not only destroys coral deeper-water reef habitats and productivity, spatial structure, diversity) reefs but also indiscriminately kills their inhabitants. either to the point where the species is marine inhabitants. A ‘‘typical’’ blast Overall, given the speculative effects strongly influenced by stochastic or will shatter corals and turn them into of blast and cyanide fishing on nautilus depensatory processes or is on a rubble within a 1 to 1.5 m diameter of populations, and the patchy and largely trajectory toward this point. the blast site, and can kill marine unknown distribution of the species and Demographic stochasticity refers to the organisms, including invertebrates, its habitat preferences, the best available variability of annual population change within a 20 m radius (Pet-Soede and information does not indicate that arising from random events such as Erdmann 1998; Njoroge 2014). Although habitat degradation from the harvest of birth and death rates, sex ratios, and blast fishing is largely illegal, the use of coral reef species and destructive and dispersal at the individual level. this destructive practice still continues unselective fishing practices are likely Depensatory processes refers to those in many areas. For example, in a significant threats to the species. density-dependent processes that result September 2016 article in the Jakarta Further research is needed before in increased mortality as density Post, Amnifu (2016) reports that blast definitive conclusions can be drawn decreases. For example, decreases in the fishing, a common occurrence in East regarding the extent of nautilus habitat breeding population can lead to reduced Nusa Tenggara waters, and particularly degradation and the impacts on the production and survival of offspring. around Sumba Island, has recently status of the species. This section briefly summarizes our expanded to parts of the Sawu Sea Pollution and Sedimentation findings and conclusions regarding National Park’s conservation area. threats to the chambered nautilus and Because blast fishing is generally Evidence of the impacts of pollution their impact on the overall extinction conducted in shallow reef waters (e.g., and sedimentation on chambered risk of the species. More details can be 5 to 10 m depths) (Fox and Caldwell nautilus habitat and the effects to the found in the status review report (Miller 2006), N. pompilius is unlikely to species is speculative or largely 2017). experience direct mortality from these unavailable. For example, in their destructive practices given that they review of the nautilus CITES (2016) The Present or Threatened Destruction, generally inhabit much deeper waters. proposal, the fifth Food and Agriculture Modification, or Curtailment of Its However, the indirect impact, such as Organization of the United Nations Habitat or Range changes in coral reef community expert advisory panel (FAO panel) Chambered nautilus habitat, and in structure and loss of fish biomass hypothesized that an observed 60 particular coral reefs, are impacted by a (Raymundo et al. 2007), may decrease percent decline in a local N. pompilius number of human activities. These the availability of food resources for the population in Fiji was potentially activities include the harvest of coral scavenging chambered nautilus. Also, because of pollution of its habitat (FAO reef species through use of destructive depending on the extent of the coral reef 2016). This assumption was largely or unselective fishing practices, coastal destruction, N. pompilius, because of its based on the fact that no known local development and deep-sea mining that physiological constraints, may be utilization of the species and no can contribute to pollution and incapable of finding and exploiting commercial fishery exists in this area. sedimentation of habitat, and changes in other suitable habitat with greater prey Therefore, the FAO panel speculated water temperature and pH caused by resources. Additional research is needed that the decline was attributed to local climate change. Below we briefly as to the potential effects of blast fishing habitat degradation, as they noted the describe these various threats to the on the deeper-water inhabitants of these population is in close proximity to a habitat of N. pompilius and evaluate the impacted coral reefs before definitive major port (Suva) and its potentially likely impact on the status of the conclusions can be drawn regarding this small and fragmented characteristics species. More details can be found in particular factor. made it especially vulnerable to habitat the status review report (Miller 2017). Another primarily illegal fishing destruction (FAO 2016). practice that destroys coral reefs is the Although deep sea mining may also Harvest of Coral Reef Species and use of cyanide, which is primarily contribute to the pollution of chambered Destructive and Unselective Fishing deployed to stun and capture live reef nautilus habitat, it appears that the Practices fish. When exposed to cyanide, coral extent of this pollution, and its Many coral reef species are harvested respiration rates decrease and can cease subsequent impacts on nautilus for the aquarium trade and to satisfy the altogether, with corals observed populations, may be largely site- high-end Asian food markets (CITES expelling their zooxanthellae, resulting specific. For example, in a study 2016). In addition to directly in bleaching and mortality events comparing bioaccumulation rates of contributing to the loss of biodiversity (Rubec 1986; Jones 1997). The practice trace elements between nautilus species on the reefs, some of the techniques of using cyanide to harvest reef fish located in a heavily mined location (i.e., used to obtain coral reef species for dates back to the 1960s, where it was N. macromphalus in New Caledonia) these industries can cause significant developed and commonly used in the versus a location not subject to destruction to coral reef communities. Philippines, before spreading to significant mining (i.e., N. pompilius in For example, blast and poison fishing Indonesia (CITES 2016). Similar to blast Vanuatu), Pernice et al. (2009) found no are two types of destructive and fishing, cyanide fishing is unlikely to significant difference between the unselective fishing practices that are result in direct mortality of N. species for trace elements of Ag, Co, Mn, used to harvest coral reef species pompilius, given the species’ preferred Ni, Pb, Se, V, and Zn. The authors throughout much of the range of the depth range; however, changes in coral concluded that the geographical origin chambered nautilus (WRI 2011). Figure reef community structure and loss of of the nautilus species was not a major 3 in Miller (2017) depicts the extent and fish biomass (Raymundo et al. 2007) contributor to interspecific differences severity of observed blast or poison might decrease the availability of food in trace element concentrations (Pernice fishing areas, which are primarily resources for the chambered nautilus. et al. 2009). Additionally, the authors concentrated off the Philippines, Additional research is needed before noted that, based on the study results, Indonesia, and Malaysia. definitive conclusions can be drawn as the heavy nickel mining conducted in

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New Caledonia does not appear to be a cause a reduction of pH levels and chambered nautiluses, we cannot significant source of contamination in concentration of carbonate ions in the conclude that the impacts from climate the oceanic habitat of the nautilus, ocean, it is thought that shelled change are currently or will in the suggesting that the lagoons in New mollusks are likely at elevated risk as foreseeable future be significant threats Caledonia likely trap the majority of the they rely on the uptake of calcium and to the existence of the species in the trace elements from the intense mining carbonate ions for shell growth and future. activities (Pernice et al. 2009). calcification. However, based on Overutilization for Commercial, The biological impact of potential available studies, the effects of Recreational, Scientific or Educational toxin and heavy metal bioaccumulation increased ocean acidification on Purposes in chambered nautilus populations is juvenile and adult mollusk physiology unknown. Many of the studies that have and shell growth are highly variable Based on the best available evaluated metal concentrations in (Gazeau et al. 2013). For example, after information, the primary threat to the cephalopods examined individuals exposure to severe CO2 levels (pCO2 = chambered nautilus is overutilization outside of the range of the chambered 33,000 matm) for 96 hours, the deep-sea for commercial purposes—mainly, nautilus, with results that show that clam, Acesta excavata, exhibited an harvest for the international nautilus metal concentrations vary greatly initial drop in oxygen consumption and shell trade. Chambered nautilus shells, depending on geography (Rjeibi et al. intracellular pH but recovered with both which have a distinctive coiled interior, 2014; Jereb et al. 2015). As such, to levels approaching control levels by the are traded as souvenirs to tourists and evaluate the degree of the potential end of the exposure duration (Hammer shell collectors and also used in jewelry threat of bioaccumulation of toxins in et al. 2011). No mortality was observed and home de´cor items (where either the chambered nautilus, information on over the course of the study, with the whole shell is sold as a decorative object concentrations of these metals from N. authors concluding that this species or parts are used to create shell-inlay pompilius, or similar species that share may have a higher tolerance to elevated designs) (CITES 2016). The trade in the the same life history and inhabit the CO2 levels compared to other deep-sea species is largely driven by the same depth and geographic range of N. species (Hammer et al. 2011). This is in international demand for their shells pompilius, is necessary. For example, contrast to intertidal and subtidal and shell products since fishing for the study by Pernice et al. (2009), mollusk species, such as Ruditapes nautiluses has been found to have no mentioned above, examined the decussatus, Mytilus galloprovincialis, cultural or historical relevance (Dunstan bioaccumulation rates of trace elements and M. edulis, which exhibited reduced et al. 2010; De Angelis 2012; CITES between two nautilus species in similar standard metabolic rates and protein 2016; Freitas and Krishnasamy 2016). depths and geographic ranges. However, degradation when exposed to decreases Nautilus meat is also not locally in the authors found no significant in pH levels (Gazeau et al. 2013). demand (or used for subsistence) but difference between those nautiluses Regarding the impact of ocean rather sold or consumed as a by-product located in areas of intensive mining acidification on calcification rates, of fishing for the nautilus shells (De (and, therefore, high heavy metal which is important for the growth of Angelis 2012; CITES 2016). While all pollutants) compared to nautiluses in chambered nautiluses, one relevant nautilus species are found in areas without significant mining study looked at cuttlebone development international trade, N. pompilius, being (Pernice et al. 2009). With the exception in the cephalopod Sepia officinalis the most widely distributed, is the of this one study, we found no other (Gutowska et al. 2010). Similar to species most commonly traded (CITES information on the bioaccumulation nautiluses, cuttlefish also have a 2016). rates of metals in the chambered chambered shell (cuttlebone) that is Although most of the trade in nautilus, including the lethal used for skeletal support and for chambered nautiluses originates from concentration limits of toxins or metals buoyancy regulation. Results from the the range countries where fisheries exist in N. pompilius or evidence to suggest study showed that after exposure to 615 or have existed for the species, that current concentrations of Pa CO2 for 6 weeks, there was a seven- particularly the Philippines and environmental pollutants are causing fold increase in cuttlebone mass Indonesia, commodities also come from detrimental physiological effects to the (Gutowska et al. 2010). However, it those areas with no known fisheries point where the species may be at should be noted that unlike N. (such as Fiji and Solomon Islands). increased risk of extinction. As such, pompilius, Sepia officinalis is not a Other countries of origin for N. the best available information does not deep-sea dwelling species but rather pompilius products include Australia, indicate that present bioaccumulation found in 100 m depths, and their China, Chinese Taipei, India, Malaysia, rates and concentrations of cuttlebone is internal (not an external New Caledonia, Papua New Guinea, environmental pollutants in N. shell). Vanuatu, and Vietnam (Freitas and pompilius or their habitat are likely While the above were only a few Krishnasamy 2016). Known consumer significant threats to the species. examples of the variable impacts of markets for chambered nautilus ocean acidification on mollusk species, products include the Middle East Climate Change and Ocean based on the available studies, such as (United Arab Emirates, Saudi Arabia), Acidification those described in Gazeau et al. (2013), Australia, Singapore, Malaysia, Given the narrow range of it is clear that the effects are largely Indonesia, Philippines, Hong Kong, temperature tolerance of the chambered species-dependent (with differences Russia, Korea, Japan, China, Chinese nautilus, warming surface water observed even within species). To date, Taipei and India, with major consumer temperatures due to climate change may we are unaware of any studies that have markets noted in the European Union further restrict the distribution of the been conducted on N. pompilius and (Italy, France, Portugal), the United species, decreasing the amount of the potential effects of increased water Kingdom, and the United States (Freitas suitable habitat (particularly in temperatures or acidity on the health of and Krishnasamy 2016). In fact, between shallower depths) available for the the species. Therefore, given the 2005 and 2014, the United States species. Perhaps more concerning may species-specific sensitivities and imported more than 900,000 chambered be the effects of ocean acidification. In responses to climate change impacts, nautilus products (CITES 2016). The terms of ocean acidification, which will and with no available information on vast majority of these U.S. imports

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originated from the Philippines (85 would yield anywhere from 4–5 Provinces were formerly collection and percent of the traded commodities), nautiluses per trap to up to 20 animals trade sites for nautilus species; however, followed by Indonesia (12 percent), (depending on the duration of the trap collectors and traders noted that the last China (1.4 percent), and India (1.3 set) (Saunders et al. 2017). In 1971, shipments from these areas were in percent) (CITES 2016). Haven (1972, cited in Haven (1977)) 2003 and 2007, respectively, indicating Because harvest of the chambered found that Tan˜ on Strait, Philippines, they are likely no longer viable nautilus is primarily demand-driven for was still an abundant source of N. harvesting sites (Freitas and the international shell trade, the pompilius. From 1971 to 1972, around Krishnasamy 2016). intensive nautilus fisheries that develop 3,200 individuals were captured for The level of historical harvest (5,000 to meet this demand tend to follow a study (Haven 1977). Prior to this time, chambered nautilus individuals/year) boom-bust cycle that lasts around a N. pompilius was, for the most part, that appeared to lead to local decade or two before becoming caught as bycatch in fish traps by extirpations in Tan˜ on Strait is being commercially nonviable (Dunstan et al. Filipino fishermen (Saunders et al. greatly exceeded in a number of other 2010; De Angelis 2012; CITES 2016). 2017). However, Haven (1977) notes that areas throughout the chambered Fishing for nautiluses is fairly it was during this time when more nautilus’ range in the Philippines. In inexpensive and not labor-intensive, fishermen began targeting Tan˜ on Strait, Tibiao, Antique Province, in requiring a fish trap baited with locally- specifically for nautilus shells, with the northwestern Panay Island, del Norte- available meat (e.g., cow, duck, goat, numbers of fishermen tripling during Campos (2005) estimated annual yield offal, chicken, pufferfish) (Freitas and subsequent years. Trap yields in 1972 of the chambered nautilus at around Krishnasamy 2016). These traps are were similar to those from the early 12,200 individuals for the entire fishery usually set at 150 to 300 m depths and 1900s, with fishermen reporting catches (data from 2001 to 2002). In the Palawan retrieved after a few hours or left of zero to 19 nautiluses, with an average nautilus fishery, 9,091 nautiluses were overnight (Freitas and Krishnasamy of 5 animals per trap (Saunders et al. harvested in 2013 and 37,341 in 2014 2016). Given the fishing gear 2017). However, by 1975, the impact of (personal communication cited in requirements, and the fact that the this substantial increase in fishing CITES (2016)). This level of harvest is chambered nautilus exists as small, pressure on the species was already particularly concerning given the isolated populations, harvest of the evident (Haven 1977). Fishermen in significant declines already observed in species may continue for years within a 1975 reported having to move these fisheries. In fact, in four of the five region, with the fisheries serially operations to deeper water as catches main nautilus fishing areas in this depleting each population until the were now rare at shallower depths, and province, Dunstan et al. (2010) species is essentially extirpated from the number of individuals per trap had estimated a decline in CPUE of the that region (CITES 2016). also decreased (Haven 1977). species ranging from 70 percent to 90 Commercial harvest of the species is Additionally, although the number of percent (depending on the fishing site) presently occurring or has occurred in fishermen had tripled in those 3 years, over the course of only 6 to 24 years. the Philippines, Indonesia, India and and therefore fishing effort for the The one main fishing region in Palawan Papua New Guinea, and also potentially species intensified, the catch did not see that did not show a decline was the in China, Thailand and Vanuatu (CITES an associated increase, indicating a municipality of Balabac; however, the 2016). However, based on the number of likely decrease in the abundance of the authors note that this fishery is commodities entering the international relatively new (active for less than 8 species within the area (Haven 1977). trade, we find that the best available years), with fewer fishermen, and, as By 1979, trap yields had drastically information supports the conclusion such, may not yet have reached the fallen, to around 2 nautiluses per trap, that the Philippines and Indonesia have point where the population crashes or and only a few fishermen remained the largest commercial fisheries for declines become evident in catch rates engaged in the fishery (Saunders et al. chambered nautilus, with multiple (Dunstan et al. 2010). Given that the 2017). CITES (2016) reports that around harvesting sites throughout these estimated annual catches in the Balabac 5,000 chambered nautiluses were nations (CITES 2016). Although municipality ranged from 4,000 to trapped per year in Tan˜ on Strait in the information on specific harvest levels 42,000 individuals in 2008 (Dunstan et early 1980s and, by 1987, the and the status of chambered nautilus al. 2010), this level of annual harvest, populations within this portion of its population was estimated to have based on the trends from the other range is limited, the best available data, declined by 97 percent from 1971 levels, Palawan fishing sites (Dunstan et al. discussed below, provide significant with the species considered 2010), will likely lead to similar evidence of the negative impact of these commercially extinct and potentially population declines and potential fisheries and resulting overutilization of extirpated from the area (Alcala and extirpations of chambered nautiluses in the species. Russ 2002). Based on 2014 data from the near future. baited remote underwater video station In addition to the declines in harvest Commercial Harvest footage in the region, nautilus activity and CPUE of the species from observed In the Philippines, the harvesting of remains low, and the population density fishing sites throughout the Philippines, chambered nautiluses appears to have still has yet to recover to pre-1970 levels the overutilization of N. pompilius in no cultural or historical relevance other (Saunders et al. 2017). this area is also evident in the available than as a source of local income for the Similarly, other nautilus fishing sites trade data. In a personal communication shell trade, with meat either consumed that were established in the late 1980s, cited in CITES (2016), it was stated that by the fishermen or sold in local including at Tawi Tawi (an island over the past 5 years, shell traders in markets (del Norte-Campos 2005; province in southwestern Philippines), Palawan Province have seen a decline in Dunstan et al. 2010). Yet, anecdotal Cagayancillo (an island in the Palawan the number of shells being offered to accounts of fishing for N. pompilius province) and Cebu Strait (east of Tan˜ on them by local harvesters. Similarly, indicate that trapping of the species has Strait), have also seen harvest crash in harvesters and traders in the Visayan occurred as early as 1900 (Saunders et recent decades (Dunstan et al. 2010). regions have noted increasing difficulty al. 2017). Specifically, these accounts More recently, in the Central Luzon in obtaining shells, with this trend suggest trapping in 1900 and 1901 region, Bulacan and Pampanga beginning in 2003 (CITES (2016) citing

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Schroeder (2003)). Based on U.S. trade appear to originate from eastern highly valued in the retail domestic data from the last decade, Philippine Indonesian waters (including markets (John et al. 2012). Out of 13 export and re-export of nautilus northeastern Central Java, East Java, and major coastal tourist curio markets commodities to the United States has West Nusa Tengarra eastward) where it surveyed, N. pompilius shells were decreased by 92 percent since 2005 (see is thought that nautilus populations found in 20 percent of the markets (n = Figure 4 in Miller (2017)) (CITES 2016). may still be abundant enough to support 40 shops) (John et al. 2012). Based on Despite the extensive evidence of economically viable fisheries, and estimated sales from these markets, N. overutilization of the species throughout where enforcement of the current N. pompilius was the fourth highest valued the Philippines, including the serial pompilius prohibition appears weaker species (n = 25 total species), depletion and potential extirpation of (Nijman et al. 2015; Freitas and accounting for 7 percent of the annual local populations, harvest and trade in Krishnasamy 2016). For example, data profit from the protected species curio N. pompilius continues, with the collected from two large open markets trade (John et al. 2012). During the Philippines still the number one in Indonesia (Pangandaran and Pasir survey, chambered nautilus shells sold, supplier of nautilus commodities to the Putih) indicate that chambered on average, for approximately 275 INR United States (based on figures from nautiluses were still being offered for each (7 USD in 2007 dollars) (John et al. 2014). sale as of 2013. Over the course of three 2012). Off Indonesia, signs of decline and different weekends, Nijman et al. (2015) Interviews with the curio traders overutilization of chambered nautilus observed 168 N. pompilius shells for indicate that the Gulf of Mannar and populations are also apparent. In fact, sale from 50 different stalls in the Palk Bay, the island territories of based on the increasing number of markets (average price was $17 USD/ Andaman and Lakshadweep, and Kerala chambered nautilus commodities shell). In addition to catering to tourists, are the main collection areas for the originating from Indonesia, it is a wholesaler with a shop in protected species sold in the curio trade suggested that nautilus fishing has Pangandaran noted that he also exports (John et al. 2012). While the extent of potentially shifted to Indonesian waters merchandise to Malaysia and Saudi harvest of N. pompilius is unknown, the because of depletion of the species in Arabia on a bimonthly basis (Nijman et fact that the nautilus shells sold in the Philippines (CITES 2016). al. 2015). In total, Nijman et al. (2015) markets are nearly half the size of the According to trade data reported in De found evidence of six Indonesian reported common wild size (90 mm vs Angelis (2012), the Philippines wholesale companies that offered 170 mm) (John et al. 2012) suggests that accounted for 87 percent of the nautilus protected marine mollusks (and mostly this curio trade may be contributing to commodities in U.S. trade from 2005 to nautilus shells) for sale on their overfishing of the population, causing a 2010, whereas Indonesia accounted for respective Web sites (with two based in shift in the local population structure. only 9 percent. However, with the East Java, two in Bali, and one in Compared to observed mature shell significant decline of nautilus exports Sulawesi). The company in Sulawesi sizes elsewhere throughout the range of coming out of the Philippines in recent even had a minimum order for N. pompilius (average mature shell years (2010 to 2014), Indonesia has merchandise of 1 metric ton, and a length range: 114 to 200 mm; see Table become a larger component of the trade, company in Java noted that they could 1 in Miller (2017)), the Indian market accounting for 42 percent of the nautilus ship more than one container per nautilus shells are likely entirely from commodities in 2014, while the month, indicating access to a relatively immature individuals. The removal of Philippines has seen a decrease in their large supply of nautilus shells (Nijman these nautilus individuals before they proportion, down to 52 percent (CITES et al. 2015). have time to reproduce, particularly for 2016). The available U.S. trade data provide this long-lived and low fecundity Similar to the trend observed in the additional evidence of the species, could have devastating impacts Philippines, a pattern of serial depletion overutilization and potential serial on the viability of the local populations. of nautiluses because of harvesting is depletion of populations within While the authors note that curio emerging in Indonesia. Both fishermen Indonesia, although not yet as severe as vendors may strategically stock a larger and traders note a significant decline in what has been observed in the number of undersized shells rather than the numbers of chambered nautiluses Philippines. Overall, based on data from fewer larger shells to meet the demand over the last 10 years, despite a the last decade, Indonesian export and of the tourists, given the relative rarity prohibition on the harvest and trade of re-export of nautilus commodities to the of chambered nautilus shells in Indian N. pompilius that has been in place United States has decreased by 23 waters (with only 9 shells sold during since 1999 (CITES 2016; Freitas and percent since 2005 (see Figure 5 in the 2007 survey) and the fact that larger Krishnasamy 2016). For example, Miller (2017)) (CITES 2016); however, shells generally obtain higher prices, we fishermen in North Lombok note that large declines were seen between 2006 conclude it is at least equally likely that they historically trapped around 10 to and 2009 before smaller increases in the curio vendors are stocking whatever is 15 nautiluses in one night, but currently following years. As noted above, these available. catch only 1 to 3 per night (Freitas and trends likely reflect the depletion of Although trend data are not available, Krishnasamy 2016). Similarly, in Bali, nautilus populations in western the popularity of the species in the curio fishermen reported nightly catches of Indonesian waters and a subsequent trade as well as information suggesting around 10 to 20 nautiluses until 2005, shift of fishing effort to eastern that the marketed shells are significantly after which yields have been much less Indonesian waters in recent years to smaller than wild-caught and, hence, (Freitas and Krishnasamy 2016). While support the nautilus trade industry. likely belong to immature individuals, fishing for chambered nautiluses has In India, CITES (2016) states that the indicate that this level of utilization essentially decreased in western chambered nautilus has been exploited may have already negatively impacted Indonesia (likely due to a depletion of for decades and is also caught as the local populations within India. The the local populations), the main trade bycatch by deep sea trawlers. A 2007 continued and essentially unregulated centers for nautilus commodities are survey aimed at assessing the status of fishing and selling of N. pompilius still located here (i.e., Java, Bali, protected species in the curio trade in within southern Indian waters will lead Sulawesi and Lombok). The sources of Tamil Nadu confirmed the presence of to overutilization of the species in the nautilus shells for these centers now N. pompilius shells and found them future, as has been observed in other

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parts of its range, and potential pompilius were captured (Blanc 1988). Trade extirpation of these small and isolated Those shells that were in good As mentioned previously, the populations. condition (approximately two-thirds of commercial harvest of the chambered In Papua New Guinea, most of the the total) were sold locally for around nautilus is primarily demand-driven for available information indicates that 300 to 500 VUV each ($2.89 to $4.81 the international shell trade. The trade of chambered nautilus shells is U.S. dollars based on the 1987 Philippines and Indonesia appear to primarily supplied from incidental conversion rate) (Blanc 1988). It was supply the majority of the nautilus collection of drift shells. CITES (2016) noted in the report that the capture of products in the trade. In Indonesia, most states that the species may be caught as nautiluses can be a good supplementary of the networks that aid in the illegal bycatch in some deep-sea fisheries and source of income (Blanc 1988). trade of marine mollusks originate in also notes that new nautilus fishing sites Java and Bali, with the United States, may have recently become established In Vietnam, some of the nautilus China, and New Caledonia as main in 2008. The extent of harvest of the shells observed for sale may be sourced destinations (Nijman et al. 2015). While species in these waters, however, is from local harvest of the animal. For the extent of export from the unknown. example, an interview with a Possible commercial harvest of the Vietnamese seller revealed that his Philippines and Indonesia is unknown, species has also been identified in East nautilus shells come from islands in data collected from Indonesia over the Asia (China, Hong Kong, and Chinese Vietnam and that 1,000 shells a month past 10 years suggest the amounts are Taipei), Thailand, Vanuatu, and are able to be acquired (of 5 to 7 inches likely substantial. For example, based Vietnam. In East Asia, minimal numbers in size; 127 to 178 mm) (Freitas and on seizure data from 2005 to 2013, over of nautilus shells are sold in art markets, Krishnasamy 2016). However, the 42,000 marine mollusk shells protected home de´cor shops, small stores, and species was not identified, nor was it under Indonesian law, including over airport gift shops, with meat found in clear whether the origin of the shells 3,000 chambered nautiluses, were seafood markets (particularly in the was from Vietnam (indicating potential confiscated by Indonesian authorities south of China on Hainan Island, the harvest) or if the islands simply serve as (Nijman et al. 2015). At least two-thirds of the shells were meant to enter the large coastal cities of Fujian and transit points for the trade. Guangdong Provinces, and Chinese international trade, with the largest In our review of the available Taipei) (Freitas and Krishnasamy 2016). volumes destined for China and the information, we also found no evidence There is also evidence of a small trade United States (Nijman et al. 2015). in live specimens for aquaria in Hong of known local utilization or Between 2007 and 2010, De Angelis Kong; however, the origin of these live commercial harvest of the chambered (2012), citing a personal specimens is unclear (Freitas and nautilus in the following portions of the communication, estimated that around Krishnasamy 2016). While the CITES species’ range: American Samoa, 25,000 nautilus specimens were (2016) proposal suggests that nautilus Australia, Fiji, or the Solomon Islands. exported from Indonesia to China for harvest may occur on Hainan Island, we While products that incorporate the Asian meat market. are aware of no information to confirm nautilus shells, such as jewelry and In addition to the United States and that a fishery exists. wood inlays, are sold to tourists in these China, other major consumer In Thailand, nautilus experts note that locations, the nautilus parts appear to be destinations for nautilus commodities targeted chambered nautilus fisheries obtained solely from the incidental include Europe, the Middle East, and have occurred and are still operating collection of drift shells. In these areas, Australia, with suspected markets in (NMFS 2014), with past observations of where the species is not subject to South Africa, South America shells found in gift shops (CITES 2016); commercial harvest, populations appear (Argentina), and Israel (Freitas and however, we are aware of no published stable (with the exception of Fiji; Krishnasamy 2016). Freitas and information on the current intensity or however, the threat in this case was not Krishnasamy (2016) indicate that, in duration of such harvest (or identified as overutilization—see Europe, the trade and sale of nautiluses confirmation that the fishery is still Present or Threatened Destruction, occur at fairly low levels and mainly occurring). Nautilus experts also note Modification, or Curtailment of Habitat involve whole nautilus shells. Their that targeted chambered nautilus or Range section). Given that the species internet research and consultations fisheries have occurred and are exists as geographically isolated indicate that the majority of Web sites occurring in Vanuatu (NMFS 2014), populations, we conclude it is unlikely selling nautilus products are located in with shells sold to tourists and that these local, unfished populations France, Germany and the United collectors (Amos 2007). While we are will see significant declines as a result Kingdom; however, details regarding the aware of no published information of overutilization in other portions of its product, including species and origin of regarding the current intensity or range. the nautilus, are often not provided duration of such harvest (or (Freitas and Krishnasamy 2016). Based confirmation that the fishery is still Overall, out of the 10 nations in on interviews with trade experts and occurring), available information which N. pompilius is known to occur, online sellers, it appears that the suggests the fishery may have begun in potentially half historically or currently Philippines is the main source of the late 1980s. From March to June have targeted nautilus fisheries. Given nautilus shells for the European trade 1987, the Vanuatu Fisheries Department that this harvest is largely unregulated, (Freitas and Krishnasamy 2016). Some conducted a deep sea fishing trial, and has led to the serial depletion and German online sellers indicate that the aimed at testing commercial fishing extirpation of local N. pompilius wholesalers also receive imports from traps on the outer-reef slope of north populations, with no evidence of a Thailand (Freitas and Krishnasamy Efate Island, Vanuatu (Blanc 1988). decline in fishing effort or demand for 2016). Results showed the successful capture the species, the best available In the United States, the most recent of N. pompilius, with a CPUE of around information indicates that 5 years of available trade data (2010 to 2.6 nautilus per trap per day, taken at overutilization of N. pompilius is the 2014) reveal that around 6 percent of the depths greater than 300 m (Blanc 1988). most significant threat to the species imported commodities were whole In total, 94 traps were set and 114 N. throughout its range. shells (n = 9,076) and less than 1

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percent were live animals, with the Additionally, the authors note that the contributing significantly to their remaining products primarily encrusted surface comprised less than 1 likelihood of decline and to the species’ comprised of jewelry, shell products, percent of the total shell weight in air, overall risk of extinction. and trim pieces (CITES 2016). Based on which they deemed ‘‘a negligible factor The Inadequacy of Existing Regulatory trade data from 2010–2013 and using in the overall buoyancy of the animal’’ Mechanisms rough approximations of individual (Landman et al. 2010). As such, it is nautilus counts for different commodity likely that the species has some other Based on the available data, N. labels, Freitas and Krishnasamy (2016) defense against epizoan settlement, with pompilius appears most at risk from estimated that between 20,000 and encrustation not a significant threat to overutilization in those range states 100,000 nautilus individuals comprised the survival of N. pompilius supplying the large majority of nautilus the commodities being imported into individuals. shells for the international trade. the United States, representing between Regarding parasites, Carlson (2010) Substantial commercial harvest of the 6,000 and 33,000 individuals annually. notes that newly collected nautilus species in Indonesia, Philippines, and However, it is important to note that individuals are usually heavily infested India has led to observed declines in the even these figures likely underestimate with the copepod Anchicaligus nautili; local N. pompilius populations. As we the actual trade volumes in the United however, no information on the effect of discuss below, although there are some States, as additional nautilus imports these infestations on the nautilus animal national and international legal could have also been lumped under a is available. Therefore, based on the protections, including a recent listing more general category, such as available data, marine fouling and under CITES, poor enforcement of these ‘‘mollusks’’ (De Angelis 2012). This is parasitism do not appear to be laws and continued illegal fishing likely true for other countries as well, significant threats to the species. demonstrate that the existing regulatory because specific custom codes are Chambered nautiluses may serve as mechanisms are inadequate to achieve lacking for nautilus products (with prey to a number of teleost fish (such as their purpose of protecting the nautilus commodities frequently triggerfish), octopuses, and sharks; chambered nautilus from harvest and lumped as ‘‘coral and similar materials’’ however, predation rates appear to vary trade. It is too early to conclude that the and worked or unworked shell across the species’ range (CITES 2016). CITES listing will be effective at products) (Freitas and Krishnasamy For example, octopod predation rates on ameliorating the threat of 2016). Therefore, estimating the number live nautiluses have been estimated at overutilization. of nautilus individuals traded annually 1.1 percent in the Philippines, 4.5 to 11 In Indonesia, N. pompilius was around the globe remains extremely percent in Indonesia, 2 to 8 percent in provided full protection in the nation’s challenging. Despite these unknowns, Papua New Guinea, 5 percent in waters in 1999 (Government Regulation based on the available trade data from American Samoa, and 3.2 percent on 7/1999). While the species was first the United States, and data garnered Australia’s Great Barrier Reef, indicating added to Indonesia’s protected species from seizures and research, it is clear that predation by octopuses likely list in 1987 (SK MenHut No 12 Kptd/II/ that nautilus commodities are in high occurs throughout the entire species’ 1987), the implementing legislation in demand and nautilus products are range (Saunders et al. 1991). 1999 made it illegal to harvest, globally traded likely in the hundreds of Recently, Ward (2014) analyzed the transport, kill, or trade live or dead thousands (De Angelis 2012). This prevalence of shell breaks in nautiluses specimens of N. pompilius (CITES market demand is a significant threat as an indicator of predation and found 2016). Despite this prohibition, the driving the commercial harvest and that those nautilus populations subject commercial harvest and trade in the overutilization of N. pompilius to fishing had a statistically significant species continues (see Overutilization throughout most of its range. higher number of major shell breaks for commercial, recreational, scientific, compared to unfished populations. or educational purposes). For example, Disease or Predation Specifically, Ward (2014) found that in a survey of 343 shops within 6 We are aware of no information to over 80 percent of mature N. pompilius Provinces in Indonesia, Freitas and indicate that disease is a factor that is shells had major shell breaks in the Krishnasamy (2016) found that 10 significantly and negatively affecting the fished Bohol, Philippines population (in percent were selling nautilus products, status of the chambered nautilus. 2012 and 2013) and calculated an over with the majority located in East Java. Diseases in nautiluses are not well 40 percent rate in the fished New Interviews with local suppliers of known, nor is there information to Caledonia N. macromphalus population nautilus shells revealed that many are indicate that disease is contributing to in 1984. In contrast, only 30 percent of aware of the prohibition and therefore population declines of the species. mature shells had major shell breaks in have found ways to conduct business However, shells of N. pompilius, like the unfished nautilus populations on covertly, such as selling more products other mollusks, are subject to marine the Great Barrier Reef (based on 2012 online and purposely mislabeling N. fouling from a variety of epizoans and data) (Ward 2014). In the unfished pompilius shells as A. perforatus (which may also be hosts to parasites. In an Osprey Reef population, this rate was are not protected) (Freitas and examination of 631 N. pompilius shells around 20 percent (based on 2002 to Krishnasamy 2016). Nijman et al. (2015) from the Philippines and Papua New 2006 data), and in Papua New Guinea observed the sale of chambered nautilus Guinea, Landman et al. (2010) found the and Vanuatu in the 1980s, this rate was shells in two of Indonesia’s largest open incidence of encrustation by epizoans less than 20 percent (Ward 2014). markets (Pangandaran and Pasir Putih, varied by site. In the N. pompilius shells Predation is clearly evident in all both on Java) and remarked that the from the Philippines, 12 percent were sampled nautilus populations. It shells were prominently displayed. In encrusted whereas 49 percent of the appears that predation rates may be interviews with the traders, none shells from the Papua New Guinea substantially higher in those mentioned the protected status of the sample showed signs of encrustation. populations compromised from other species (Nijman et al. 2015). However, the encrusted area only threats (such as overutilization). This, in Additionally, nautilus shells and averaged around 0.5 percent of the shell turn, exacerbates the risk that predation products (such as furniture) are often on surface, with the maximum encrustation poses to those already vulnerable display by government officials and at 2.2 percent (Landman et al. 2010). chambered nautilus populations, offered for sale in airports (Freitas and

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Krishnasamy 2016), indicating that illegal curio trade, coupled with the lack CITES agreed to add all nautilus species enforcement of the Indonesian of enforcement of existing laws, to Appendix II of CITES (effective regulation protecting the species is very indicates that overutilization of N. January 2017). This listing means weak. Therefore, given the apparent pompilius will continue to threaten increased protection for N. pompilius disregard of the prohibition, with populations within Indian waters. and the other nautilus species, but still substantial evidence of illegal harvest In China, N. pompilius is listed as a allows legal and sustainable trade. and trade in the species, and issues with ‘‘Class I’’ species under the national Export of nautilus products now enforcement, we conclude that existing Law of the People’s Republic of China requires CITES permits or re-export regulatory mechanisms are inadequate on the Protection of Wildlife, which certificates that ensure the products to protect the species from further means that harvest is allowed (under were legally acquired and that the declines in Indonesia from Article 16) but only with special Scientific Authority of the State of overutilization. permission (i.e., for purposes of export has advised that such export will In the Philippines, shelled mollusks scientific research, ranching, breeding, not be detrimental to the survival of that are protected from collection without a exhibition, or ‘‘other’’). Unfortunately, species in the wild (i.e., a ‘‘non- permit under Fisheries Administrative enforcement of this law has proven detriment finding’’). Given that the Order no. 168; however, it is unclear difficult, as many nautilus products for international trade is the main driver of how this is implemented or enforced for sale have unknown origin or claim the threat to the species (i.e., particular species (CITES 2016). In origin from the Philippines (Freitas and overutilization), the CITES listing Palawan Province, a permit is also Krishnasamy 2016). While the extent of should provide N. pompilius with some required to harvest or trade the harvest in East Asia remains unclear safeguards against future depletion of chambered nautilus, as it is listed as based on the available data, the fact that populations and potential extinction of ‘‘Vulnerable’’ under Palawan Council trade is allowed, and the difficulties the species. However, given the limited for Sustainable Development Resolution associated with enforcement and information on the present abundance No. 15–521 (CITES 2016). Freitas and identifying N. pompilius products and of the species throughout its range, it Krishnasamy (2016) report that some origin in the trade, indicate that existing may prove difficult for State Authorities municipalities in Cebu Province and the regulatory measures are likely to determine what level of trade is Panay Islands have local ordinances that inadequate to prevent the harvest of the sustainable. As the FAO panel notes, prohibit the harvest of N. pompilius; species within Chinese waters. based on previous cases for species however, even in these Provinces, there In areas where trade of N. pompilius listed under Appendix II with similar is evidence of harvest and trade in the is prohibited, available data suggest circumstances where the State species. For example, in a survey of 66 smugglers are using other locations as Authorities’ abilities to make non- shops in Cebu, the Western Visayas transit points for the trafficking and detriment findings are limited due to an region, and Palawan, 83 percent of the trade of the species to circumvent absence of information, the following shops sold nautilus products. For the prohibitions and evade customs (Freitas outcomes are likely to occur: (1) most part, the harvest and trade of and Krishnasamy 2016). For example, International trade in products from that nautilus is largely allowed and New Caledonia, where only N. country ceases; (2) international trade essentially unregulated throughout the macromphalus is protected, has become continues but without proper CITES Philippines (Freitas and Krishnasamy a stop-over destination for smuggling documentation (‘‘illegal trade’’); and/or 2016). Given the significant declines in nautilus shells to Europe (CITES 2016; (3) international trade continues with the N. pompilius populations Freitas and Krishnasamy 2016). In 2008, inadequate non-detriment findings officials confiscated at least 213 N. throughout this portion of the species’ (FAO 2016). Because this listing only pompilius shells that were being range, existing regulations to protect N. recently went into effect (January 2017), smuggled into New Caledonia from Bali, pompilius from overutilization it is too soon to know which outcome(s) Indonesia (Freitas and Krishnasamy throughout the Philippines are clearly will dominate in the various nautilus- 2016). At this time, the extent of the inadequate. exporting countries. There is thus not In India, N. pompilius has been illegal trade, including transit points for yet a body of information on which to protected from harvest and trade since smugglers, remains largely unknown; evaluate the adequacy of the CITES 2000 when it was listed under Schedule however, the impact of this illegal trade listing to reduce the threat of I of the Indian Wildlife (Protection) Act on the species only contributes further overutilization. of 1972 (John et al. 2012). However, as to its overutilization. noted in the Overutilization for Overall, given the ongoing demand for Other Natural or Man-Made Factors commercial, recreational, scientific, or chambered nautilus products, the Affecting Its Continued Existence educational purposes section, N. apparent disregard of current Ecotourism pompilius shells were being collected in prohibition regulations by collectors Indian waters and sold in major coastal and traders, lack of enforcement, and While the status review (Miller 2017) tourist curio markets as recently as the observed declining trends in N. discusses ecotourism operations as a 2007. Interviews with retail vendors (n pompilius populations and crashing of possible threat to nautilus species, the = 180) indicated that a large majority associated fisheries, the best available examples of these activities come were aware of the Indian Wildlife information strongly suggests that entirely from Palau, where N. pompilius Protection Act and legal ramifications of existing regulatory mechanisms are does not occur. These ecotourism selling protected species yet continued inadequate to control the harvest and activities tend to involve bringing to sell large quantities of protected overutilization of N. pompilius nautiluses to the surface for marine mollusks and corals in the curio throughout most of its range, photographic opportunities with shops (John et al. 2012). Because there significantly contributing to the species’ customers and subsequently releasing is no official licensing system for these risk of extinction. them into shallow waters (CITES 2016). shops, the annual quantities sold remain Recognizing that the international In the daytime, nautiluses are especially largely unrecorded and unknown (John trade is the clear driving force of the vulnerable to predation in shallow et al. 2012). The high demand for intense exploitation of nautiluses, in waters, and observations of triggerfish nautilus shells and profits from this October 2016, the member nations to feeding on nautiluses as they are

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released suggest that consistent release Assessment of Extinction Risk threats. This analysis evaluated the of these animals in a certain location The ESA (section 3) defines an population viability characteristics and may create feeding stations for nautilus endangered species as ‘‘any species trends data available for the chambered predators (Carlson 2015). Additionally, which is in danger of extinction nautilus, such as abundance, growth nautiluses may suffer negative throughout all or a significant portion of rate/productivity, spatial structure and physiological effects if released into its range.’’ A threatened species is connectivity, and diversity, to shallow water, including overheating defined as ‘‘any species which is likely determine the potential risks these and the development of air bubbles that to become an endangered species within demographic factors pose to the species. can inhibit quick escape movements the foreseeable future throughout all or The information from this demographic (CITES 2016). We acknowledge the a significant portion of its range.’’ We risk analysis was considered alongside the information previously presented on potential risks that these ecotourism define ‘‘foreseeable future’’ generally as threats to the species, including those operations may pose to nautilus species; the time frame over which identified related to the factors specified by the threats can be reliably predicted to however, at this time, there is no ESA section 4(a)(1)(A)–(E) (and impact the biological status of the substantial evidence to indicate that summarized in a separate Threats species. As mentioned previously, there are dive tour operators within the Assessment section below) and used to because a species may be susceptible to N. pompilius range who practice this determine an overall risk of extinction a variety of threats for which different same behavior (i.e., taking photographs for N. pompilius. and releasing the species in shallow data are available, or which operate Because the available data are waters). As such, the best available across different time scales, the insufficient to conduct a reliable information does not indicate that foreseeable future is not necessarily quantitative population viability ecotourism is presently a significant reducible to a particular number of assessment (because there is, for threat to the species. years. example, sporadic abundance data, and For the assessment of extinction risk uncertain demographic characteristics), Natural Behavior for the chambered nautilus, the the qualitative reference levels of ‘‘low ‘‘foreseeable future’’ was considered to risk,’’ ‘‘moderate risk’’ and ‘‘high risk’’ Because of their keen sense of smell extend out several decades (> 40 years). (Basil et al. 2000), chambered nautiluses were used to describe the overall Given the species’ life history traits, assessment of extinction risk in the are easily attracted to baited traps. with longevity estimated to be at least Additionally, field studies indicate that Status Review. A species at a ‘‘low risk’’ 20 years, maturity ranges from 10 to 17 of extinction was defined as one that is nautiluses may also habituate to baited years, with very low fecundity not at a moderate or high level of sites. For example, in a tag and release (potentially 10–20 eggs per year with a extinction risk. A species may be at low study conducted in Palau, the 1-year incubation period), it would risk of extinction if it is not facing proportion of previously tagged animals likely take more than a few decades (i.e., threats that result in declining trends in over the trapping period increased in multiple generations) for any recent abundance, productivity, spatial the baited traps, reaching around 58 management actions to be realized and structure, or diversity. A species at low percent in the last trap deployed reflected in population abundance risk of extinction is likely to show stable (Saunders et al. in press). Given this indices. Similarly, the impact of present or increasing trends in abundance and behavior, nautilus populations, threats to the species could be realized productivity with connected, diverse including N. pompilius, are likely in the form of noticeable population populations. A species is at a ‘‘moderate highly susceptible to being caught by declines within this time frame, as risk’’ of extinction when it is on a fisheries. For isolated and small demonstrated in the available survey trajectory that puts it at a high level of populations, this could result in rapid and fisheries data (see Table 4 in Miller extinction risk in the foreseeable future. depletions of these populations in a 2017). As the main potential operative A species may be at moderate risk of short amount of time, potentially just threat to the species is overutilization, extinction because of projected threats months (Saunders et al. in press). this time frame would allow for reliable or declining trends in abundance, However, Saunders et al. (in press) note predictions regarding the impact of productivity, spatial structure, or that this vulnerability to depletion from current levels of fishery-related diversity. A species with a high risk of overfishing is likely lower in those mortality on the biological status of the extinction is at or near a level of populations where barriers to movement species. Additionally, this time frame abundance, productivity, spatial do not exist, such as Papua New Guinea allows for consideration of the structure, and/or diversity that places its previously discussed impacts on and Indonesia. These sites both have continued persistence in question. The chambered nautilus habitat from climate large swaths of habitat (thousands of demographics of a species at such a high change and the potential effects on the km) within the optimal nautilus depth level of risk may be highly uncertain status of this species. range that are parallel to coastal areas and strongly influenced by stochastic or In determining the extinction risk of depensatory processes. Similarly, a and could serve as natural refugia but a species, it is important to consider species may be at high risk of extinction also allow for the restocking of depleted both the demographic risks facing the if it faces clear and present threats (e.g., populations (Saunders et al. in press). species as well as current and potential confinement to a small geographic area; Therefore, the best available information impacts of external threats that may imminent destruction, modification, or suggests that these aspects of the affect the species’ status. To this end, a curtailment of its habitat; or disease species’ natural behavior (i.e., attraction demographic analysis was conducted epidemic) that are likely to create and habituation to baited trap sites) are for the chambered nautilus. A imminent and substantial demographic likely significant threats to those N. demographic risk analysis is essentially risks. pompilius populations that are already an assessment of the manifestation of Although the conclusions in the subject to other threats (e.g., past threats that have contributed to the status review report do not constitute overutilization) or demographic risks species’ current status and informs the findings as to whether the species (e.g., spatially isolated, small consideration of the biological response should be listed under the ESA (because populations). of the species to present and future that determination must be made by the

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agency after considering all relevant Saunders et al. (in press) suggest that growth rate. Saunders et al. (in press) information and after evaluating trapping data that result in < 1 to 2 further provides evidence that fished ongoing conservation efforts of any nautiluses per trap likely reflect a nautilus populations tend to show state, foreign nation, or political minimally viable population level. In significant demographic differences in subdivision thereof. 16 U.S.C. other words, further removal of relative age class (i.e., predominance of 1533(b)(1)(A)), a finding of ‘‘moderate individuals from those populations immature individuals) and sex ratios risk’’ generally indicates that a species would likely result in population (i.e,, no longer male-biased) compared may qualify for listing as a ‘‘threatened crashes and potential extirpation. Based to unfished populations. Under the species’’ and a finding of ‘‘high risk’’ on the available abundance trend data current assumption that males are the generally indicates that a species may be (see Table 4 in Miller (2017)), many of critical sex for population growth, the an ‘‘endangered species.’’ the populations surveyed in Indonesia significant change in the population and the Philippines currently reflect demographics for these fished Demographic Risk Analysis this minimally viable level, indicating populations may portend further Abundance that abundance of these particular declines and potential extirpations of populations may be close to levels that these populations, inherently increasing The global abundance of the place them at immediate risk of the risk of extinction for the entire chambered nautilus is unknown, with inbreeding depression and demographic species in the foreseeable future. no available historical baseline stochasticity, particularly given their However, with the exception of the population data. The species likely reproductive isolation. Extirpations of Osprey Reef (Australia), Lizard Island exists as small, isolated populations these populations would increase the (Great Barrier Reef; Australia), and distributed throughout its range. risk of extinction for the entire species Sumbawa Island (Indonesia) However, abundance estimates of these to some degree. populations, which showed male fragmented populations are largely While overall abundance is highly percentages of 82 to 91 percent and unavailable, as the species is difficult to uncertain, the evidence indicates that mature percentages of 58 to 91 percent survey. Currently, population size has the species exists as small and isolated based on data from the past decade been estimated for N. pompilius off populations throughout its range, (Saunders et al. in press), we have no Osprey Reef in Australia using baited making them inherently vulnerable to available recent data to assess the trap techniques (n = 844 to 4,467 exploitation and depletion. Data suggest demographic traits of current N. individuals) and for the Palawan region, that many of these populations are in pompilius populations throughout the Philippines and Western Australia decline and may be extirpated in the species’ range. populations using genetic markers next several decades. Taken together, (median population size for Western this information indicates that N. Spatial Structure/Connectivity Australia = 2.6 million individuals; for pompilius is not currently at risk of Chambered nautilus populations are Philippines = 3.2 million individuals). extinction throughout its range but will extreme habitat specialists. The species Population density estimates likely be at risk of extinction from is closely associated with steeply-sloped (individuals/km2) are also available environmental variation or human- forereefs and muddy bottoms and is from Osprey Reef (13.6 to 77.4), the caused threats throughout its range found in depths typically between 200 Great Barrier Reef (0.34), American within the foreseeable future. m and 500 m. Both temperature and Samoa (0.16), Fiji (0.21) and the Panglao depth are barriers to movement for N. region, Philippines (0.03). While there Growth Rate/Productivity pompilius, which cannot may be some sampling bias in the baited The current net productivity of N. physiologically withstand temperatures trap technique, we find that the pompilius is unknown because of the above around 25 °C or depths greater population size and density estimates imprecision or lack of available than 800 m. Chambered nautiluses are from these studies provide a useful abundance estimates or indices. bottom-dwelling scavengers and do not representation of the current abundance Fecundity, however, is assumed to be swim in the open water column. While of the species because they rely on the low (but note that no egg-laying has larger-scale migrations have occurred best available field data. been observed in the wild). Based on (across shallow, warm waters and/or If a population is critically small in estimates from other captive Nautilus depths > 1000 m), these events are size, chance variations in the annual species (i.e., N. macromphalus and N. believed to be extremely rare, with gene number of births and deaths can put the belauensis), the chambered nautilus flow thought to be inversely related to population at added risk of extinction. may lay up to 10 to 20 eggs per year, the geographic distance between Additionally, when populations are with a long incubation period (10 to 12 populations (Swan and Saunders 2010). very small, chance demographic events months). Given that the chambered As such, current chambered nautilus can have a large impact on the nautilus is a slow-growing and late- populations, particularly those population. However, the threshold for maturing species (with maturity separated by large geographic distances, depensation in the chambered nautilus estimated between 10 and 17 years, and are believed to be largely isolated, with is unknown. longevity at least 20 years), it likely has a limited ability to find or exploit Populations of N. pompilius are very low productivity and, thus, is available resources in the case of habitat assumed to be naturally small, and, extremely susceptible to decreases in its destruction. Collectively, this when not faced with outside threats, abundance. information suggests that gene flow is appear stable (e.g., Osprey Reef In terms of demographic traits, likely limited among populations of N. population increased by 28 percent over Saunders et al. (in press) suggest that a pompilius, with available data the course of a decade). However, those nautilus population at equilibrium specifically indicating the isolation populations in areas where nautilus would have a higher percentage of male between populations in Fiji and fishing occurs have experienced (75 percent) and mature (74 percent) Western Australia and those in the significant declines in less than a animals. Ratios that are significantly Philippines. generation time for the species, lower than these estimates suggest the Regarding destruction of habitat indicating a greater risk of extirpation population is in ‘‘disequilibrium’’ and patches, while anthropogenic threats, because of depensatory processes. likely portend declines in per capita such as climate change and destructive

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fishing practices, have been identified extirpations of local N. pompilius associated demand) for the species if as potential sources that could populations. Given the evidence of adequate non-detriment findings are not contribute to habitat modification for declines (of 70 to 94 percent) in the issued by the exporting countries. the chambered nautilus, there is no CPUE from these Philippine nautilus However, the evidence of illegal trade evidence that habitat patches used by N. fisheries, and the fact that fished routes (see Figure 7 in Miller (2017)) pompilius are being destroyed faster populations tend to experience higher and difficulty with tracking the amount than they are naturally created such that predation rates (another compounding and origin of nautilus products suggests the species is at an increased risk of factor that further increases the negative that it may take some time before the extinction. Additionally, there is no impact of fishing on the species), these extent of the ‘‘ins and outs’’ of the information to indicate that N. populations are likely on the same trend nautilus trade are fully understood. pompilius is composed of conspicuous toward local extinction. Serial depletion Therefore, we find that the adequacy of source-sink populations where loss of of populations based on anecdotal the CITES Appendix II listing in one critical population or subpopulation trapping reports is also evident reducing the threat of overutilization would pose a risk of extinction to the throughout nautilus fishing sites in (through ensuring sustainable trade) is entire species. Indonesia, with reported declines of 70 highly uncertain at this time. Additional threats to N. pompilius Diversity to 97 percent. In India, the predominance of immature shells for that were identified as potentially As noted above, N. pompilius appears sale in the curio markets suggests contributing to long-term risk of the to exist as isolated populations with low potential overfishing of these local species include unselective and rates of dispersal and little gene flow populations as well. Commercial destructive fishing techniques (e.g., among populations, particularly those harvest of the species is also thought to blast fishing and cyanide poisoning) and that are separated by large geographic occur in Papua New Guinea, East Asia, ocean warming and acidification as a distances and deep ocean expanses. Thailand, Vanuatu, and Vietnam. Efforts result of climate change effects; Given the physiological constraints and to address overutilization of the species however, because of the significant data limited mobility of the species, coupled through regulatory measures appear gaps (such as the effects on nautilus with the selective targeting of mature inadequate, with evidence of targeted habitat and the species’ physiological males in the fisheries, connectivity fishing of and trade in the species, responses), the impact of these threats among breeding populations may be particularly in Indonesia, Philippines, on the status of the species is highly disrupted. Additionally, while it is and China, despite prohibitions. uncertain. unknown whether genetic variability within the species is sufficient to permit As fishing for the species has no Overall Extinction Risk Summary adaptation to environmental changes, cultural or historical relevance, trade Given the species’ low reproductive the best available information suggests appears to be the sole driving force output and overall productivity and that genetic variability has likely been behind the commercial harvest and existence as small and isolated reduced due to bottleneck events and subsequent decline in N. pompilius populations, it is inherently vulnerable genetic drift in the small and isolated N. populations, with significant consumer to threats that would deplete its pompilius populations throughout its markets in the United States, China, abundance, with a very low likelihood range. Because higher levels of genetic Europe (Italy, France, Portugal, United of recovery or repopulation. While there diversity increase the likelihood of a Kingdom), the Middle East, and is considerable uncertainty regarding species’ persistence, the current, Australia. If international trade were to the species’ overall current abundance, presumably reduced level among be successfully managed to ensure the best available information indicates chambered nautiluses appears to pose a sustainable harvest of N. pompilius, that N. pompilius has experienced risk to the species. then the serial decline of local population declines of significant populations could be halted and magnitude, including evidence of Threats Assessment partially depleted populations could extirpations, throughout most of its As discussed above, the most have time to recover. The CITES range, primarily because of fisheries- significant and certain threat to the Appendix II listing aims to achieve related mortality (i.e., overutilization). chambered nautilus is overutilization these conservation outcomes; however, While stable populations of the species through commercial harvest to meet the given that the listing only recently went likely exist in those waters not subject demand for the international nautilus into effect (i.e, January 2017), it is too to nautilus fishing (e.g., Osprey Reef, shell trade. Out of the 10 nations where soon to evaluate the ability and capacity Australia and American Samoa), only a N. pompilius is known to occur, of the affected countries (who are few populations have actually been potentially half have targeted nautilus parties to CITES) to implement the found and studied. These populations fisheries either historically or currently. required measures and ensure the appear small (particularly when These waters comprise roughly three- sustainability of their trade. Of concern compared to trade figures) and quarters of the species’ known range, is the illegal selling and trade of the genetically and geographically isolated, with only the most eastern portion (e.g., species that already exists despite and, therefore, if subject to eastern Australia, American Samoa, Fiji) domestic prohibitions. Therefore, it is environmental variation or afforded protection from harvest. unclear whether and how the new anthropogenic perturbations in the Fishing for nautiluses is fairly CITES requirements will be adequately foreseeable future (such as through inexpensive and easy, and the attraction implemented and enforced in those illegal fishing or climate change), will of N. pompilius to baited traps further countries that are presently unable to likely be unable to recover. increases the likely success of these prevent the overutilization of the Currently, the best available fisheries (compounding the severity of species despite prohibitions (e.g., information, though not free from this threat on the species). The Indonesia, Philippines, China). We note uncertainties, does not indicate that the estimated level of harvest from many of that the United States appears to be a species is currently at risk of extinction these nautilus fisheries in the significant importer of nautilus products throughout its range. The species is still Philippines (where harvest data are and, therefore, this CITES listing could traded in considerable amounts available) has historically led to potentially cut-off a large market (and (upwards of thousands to hundreds of

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thousands annually), with evidence of Without adequate measures controlling The process is also costly and time- new sites being established for nautilus the overutilization of the species, N. consuming (given the year-long fishing (e.g., in Indonesia, Philippines, pompilius is on a trajectory where its incubation period of eggs). Therefore, Papua New Guinea), and areas of stable, overall abundance will likely see captive breeding would not be a feasible unfished populations (e.g., eastern significant declines within the alternative to help satisfy the trade Australia, American Samoa). Although foreseeable future eventually reaching industry or restore wild populations this continued trading presents a the point where the species’ continued (NMFS 2014). Additionally, it should be moderate threat as has been discussed, persistence will be in jeopardy. We noted that the shells of nautiluses in current overall abundance throughout therefore propose to list the species as captivity tend to be smaller and its range is not so low that the species’ a ‘‘threatened species.’’ irregular, with black lines that mar the outside of the shells (Moini et al. 2014). viability is presently at risk. However, Protective Efforts the continued harvesting of the species Therefore, those shells would likely not for the international nautilus shell trade Having found that the chambered be acceptable as suitable alternatives to and the subsequent serial depletion of nautilus is likely to become in danger of wild-caught shells in the trade, given populations throughout its range are extinction throughout its range within the preference for large, unblemished placing the species on a trajectory to be the foreseeable future, we next nautilus shells in the market. in danger of extinction within the considered protective efforts as required While we find that these protective foreseeable future, likely within the next under Section 4(b)(1)(A) of the ESA. The efforts will help increase the scientific couple of decades. The species’ current focus of this evaluation is to determine knowledge about N. pompilius and demographic risks, including small and whether these efforts are effective in potentially promote public awareness isolated populations, low productivity, ameliorating the threats we have regarding declines in the species, none habitat specificity, and physiological identified to the species and thus has significantly altered the extinction limitations that restrict large-scale potentially avert the need for listing. risk for the chambered nautilus to the As we already considered the migrations, mean that as populations are point where it would not be in danger effectiveness of existing regulatory depleted and extirpated, recovery of of extinction in the foreseeable future. protective efforts, discussed above in those populations and/or repopulation However, we seek additional connection with the evaluation of the is unlikely. Many of the observed information on these and other adequacy of existing regulatory populations of the species are already conservation efforts in our public mechanisms, we consider other, less on this path, with data indicating comment process (see below). formal conservation efforts in this significant declines in abundance and section. We identified a non-profit Web Determination even local extinctions. Further site devoted to raising the awareness of Section 4(b)(1)(A) of the ESA requires exacerbating these declines is the threats to the chambered nautilus (e.g., that NMFS make listing determinations evidence of increased predation on http://savethenautilus.com/about-us/), based solely on the best scientific and fished nautilus populations and the including raising funds to support commercial data available after disruption of population demographics research on the species. Additionally, conducting a review of the status of the (through the attraction of predominantly we note that chambered nautiluses are species and taking into account those males and mature individuals to baited found in a number of aquariums efforts, if any, being made by any state traps). As the unsustainable harvesting worldwide where additional research is or foreign nation, or political of nautiluses continues, with fisheries being conducted on the reproductive subdivisions thereof, to protect and that follow a boom-bust cycle, and activity of the species. However, conserve the species. We have fishing efforts that serially exploit survival of the species in captivity is independently reviewed the best populations and then move on to new relatively low compared to its natural available scientific and commercial sites as the populations become longevity. Based on a 2014 survey of information including the petition, depleted (particularly evident in the 102 U.S. aquariums with nautilus public comments submitted on the 90- Philippines and Indonesia), this trend is species (with 52 responses), Carlson day finding (81 FR 58895; August 26, unlikely to reverse in the foreseeable (2014) reported that survival rates for 2016), the status review report (Miller future. In fact, despite current domestic captive N. pompilius of more than 5 2017), and other published and prohibitions on the harvest and trade of years was only 20 percent. The rates of unpublished information, and have the species throughout most of the survival for less than 5 years were as consulted with species experts and species’ range (and particularly in the follows: 0 to 1 year = 33.3 percent, 1– individuals familiar with the chambered large exporting range states), these 2 years 6.7 percent; 2 to 3 years = 20.0 nautilus. regulatory measures are ineffective percent, 3 to 5 years = 20.0 percent. As summarized above and in Miller because they are largely ignored or While some of these aquariums have (2017), we assessed the ESA section circumvented through illegal trade successfully bred nautilus species (e.g., 4(a)(1) factors both individually and networks. Further, although the species Waikiki Aquarium (U.S.), Birch collectively and conclude that the was recently listed on CITES Appendix Aquarium at Scripps (U.S.), Toba species faces ongoing threats from II, there is as of yet no basis to conclude Aquarium (Japan), Farglory Ocean Park overutilization and that existing whether that listing will be effective at (Chinese Taipei) (Tai-lang 2012; regulatory mechanisms are inadequate decreasing the threat of overutilization Blazenhoff 2013; Carlson 2014)), based to ameliorate that threat. Evidence of the to the species through the foreseeable on the results from these efforts, it is continued substantial trade in the future. unlikely that aquaculture or artificial species, establishment of new N. Given the best available information, propagation programs could pompilius fishing sites, and areas of we find that N. pompilius is at a substantially improve the conservation unfished populations indicate that the moderate risk of extinction throughout status of the species. On average, species has not yet declined to its range. Although the species is not survival rate after hatching is less than abundance levels that would trigger the currently at risk of extinction 1 in 1,000 (Tai-lang 2012) and, to date, onset of depensatory processes. throughout its range, it will likely none of the captive-bred nautiluses have However, the species’ demographic become so within the foreseeable future. obtained sexual maturity (NMFS 2014). risks (including small and isolated

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populations, with substantial reductions ‘‘endangered species’’ and ‘‘threatened Identifying Section 7 Conference and of 70 to 97 percent and extirpations of species.’’ This suggests that Congress Consultation Requirements local chambered nautilus populations intended that an analysis based on Section 7(a)(4) (16 U.S.C. 1536(a)(4)) from waters comprising roughly three- consideration of the entire range should of the ESA and NMFS/USFWS quarters of the species’ known range, receive primary focus, and thus that the regulations require Federal agencies to low productivity, habitat specificity, agencies should do a ‘‘significant confer with us on actions likely to and physiological limitations that portion of its range’’ analysis as an jeopardize the continued existence of restrict large-scale migration), coupled alternative to a rangewide analysis only species proposed for listing, or that with the ongoing serial exploitation of if necessary. Under this reading, we result in the destruction or adverse N. pompilius to supply the international should first consider whether listing is modification of proposed critical trade, and evidence of illegal harvest, appropriate based on a rangewide habitat. If a proposed species is trade, and poorly enforced domestic ultimately listed, Federal agencies must regulatory measures, significantly analysis and proceed to conduct a consult under Section 7(a)(2) (16 U.S.C. increase the species’ vulnerability to ‘‘significant portion of its range’’ 1536(a)(2)) on any action they authorize, depletion and subsequent extinction analysis if (and only if) a species does fund, or carry out if those actions may from environmental variation or not qualify for listing as either affect the listed species or its critical anthropogenic perturbations, placing it endangered or threatened according to habitat and ensure that such actions are on a trajectory indicating that it will the ‘‘all’’ language. We note that this likely be in danger of extinction within interpretation is also consistent with the not likely to jeopardize the species or the foreseeable future throughout its 2014 Final Policy on Interpretation of result in destruction or adverse range. the Phrase ‘‘Significant Portion of its modification of critical habitat should it We found no evidence of protective Range’’ (79 FR 37578 (July 1, 2014)). be designated. At this time, based on the currently available information, we efforts for the conservation of the That policy is the subject of pending determine that examples of Federal chambered nautilus that would litigation, including litigation against actions that may affect the chambered eliminate or adequately reduce threats the United States Fish and Wildlife to the species to the point where it nautilus include, but are not limited to: Service in the United States District alternative energy projects, discharge of would no longer be in danger of Court for the District of Arizona, which extinction in the foreseeable future. pollution from point and non-point ordered the policy vacated and is sources, deep-sea mining, contaminated Therefore, we conclude that the currently considering a motion for chambered nautilus is not currently in waste and plastic disposal, dredging, reconsideration. See Center for danger of extinction, but likely to pile-driving, development of water become so in the foreseeable future Biological Diversity v. Jewell, No. CV– quality standards, military activities, throughout its range from threats of 14–02506–TUC–RM, 2017 WL 2438327 and fisheries management practices. (D. Ariz. March 29, 2017). Our approach overutilization and the inadequacy of Critical Habitat existing regulatory mechanisms. As in this proposed rule, explained above, such, we have determined that the has been reached and applied Critical habitat is defined in section 3 chambered nautilus meets the definition independently of the Final Policy. of the ESA (16 U.S.C. 1532(5)) as: (1) The specific areas within the of a threatened species and propose to Effects of Listing list it is as such throughout its range geographical area occupied by a species, at the time it is listed in accordance under the ESA. Measures provided for species of fish with the ESA, on which are found those Because we find that the chambered or wildlife listed as endangered or physical or biological features (a) nautilus is likely to become an threatened under the ESA include endangered species within the essential to the conservation of the development of recovery plans (16 species and (b) that may require special foreseeable future throughout its range, U.S.C. 1533(f)); designation of critical we find it unnecessary to consider management considerations or habitat, to the maximum extent prudent whether the species might be in danger protection; and (2) specific areas outside and determinable (16 U.S.C. of extinction in a significant portion of the geographical area occupied by a its range. We believe Congress intended 1533(a)(3)(A)); the requirement that species at the time it is listed upon a that, where the best available Federal agencies consult with NMFS determination that such areas are information allows the Services to under section 7 of the ESA to ensure essential for the conservation of the determine a status for the species their actions are not likely to jeopardize species. ‘‘Conservation’’ means the use rangewide, such listing determination the species or result in adverse of all methods and procedures needed should be given conclusive weight. A modification or destruction of critical to bring the species to the point at rangewide determination of status more habitat should it be designated (16 which listing under the ESA is no accurately reflects the species’ degree of U.S.C. 1536(a)(2)). Certain prohibitions, longer necessary. 16 U.S.C. 1532(3). imperilment, and assigning such status including prohibitions against ‘‘taking’’ Section 4(a)(3)(A) of the ESA (16 U.S.C. to the species (rather than potentially and import, also apply with respect to 1533(a)(3)(A)) requires that, to the assigning a different status based on a endangered species under Section 9 (16 maximum extent prudent and review of only a portion of the range) U.S.C. 1538); at the discretion of the determinable, critical habitat be best implements the statutory Secretary, some or all of these designated concurrently with the listing distinction between threatened and prohibitions may be applied with of a species. Designations of critical endangered species. Maintaining this respect to threatened species under the habitat must be based on the best fundamental distinction is important for authority of Section 4(d) (16 U.S.C. scientific data available and must take ensuring that conservation resources are 1533(d)). Recognition of the species’ into consideration the economic, allocated toward species according to plight through listing also promotes national security, and other relevant their actual level of risk. We also note impacts of specifying any particular area voluntary conservation actions by that Congress placed the ‘‘all’’ language as critical habitat. At this time, we find Federal and state agencies, foreign before the ‘‘significant portion of its that critical habitat for the chambered entities, private groups, and individuals. range’’ phrase in the definitions of nautilus is not determinable because

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data sufficient to perform the required peer review of the status review report. geographical area should also be analyses are lacking. Therefore, public Independent specialists were selected identified, if such areas themselves are input on features and areas in U.S. from the academic and scientific essential to the conservation of the waters that may meet the definition of community for this review. All peer species and under U.S. jurisdiction. critical habitat for the chambered reviewer comments were addressed ESA implementing regulations at 50 nautilus is invited. If we determine that prior to dissemination of the status CFR 424.12(g) specify that critical designation of critical habitat is prudent review report and publication of this habitat shall not be designated within and determinable, we will publish a proposed rule. foreign countries or in other areas proposed designation of critical habitat outside of U.S. jurisdiction. Therefore, Public Comments Solicited on Listing for the chambered nautilus in a separate we request information only on rule. Such designation must be limited To ensure that the final action potential areas of critical habitat within to areas under United States resulting from this proposal will be as waters under U.S. jurisdiction. jurisdiction. 50 CFR 424.12(g). accurate and effective as possible, we Section 4(b)(2) of the ESA requires the solicit comments and suggestions from Secretary to consider the ‘‘economic Protective Regulations Under Section the public, other governmental agencies, impact, impact on national security, and 4(d) of the ESA the scientific community, industry, any other relevant impact’’ of We are proposing to list the environmental groups, and any other designating a particular area as critical chambered nautilus as a threatened interested parties. Comments are habitat. 16 U.S.C. 1533(b)(2). Section species. In the case of threatened encouraged on all aspects of this 4(b)(2) also authorizes the Secretary to species, ESA section 4(d) gives the proposal (See DATES and ADDRESSES).We exclude from a critical habitat Secretary discretion to determine are particularly interested in: (1) New or designation any particular area where whether, and to what extent, to extend updated information regarding the the Secretary finds that the benefits of the prohibitions of Section 9 to the range, distribution, and abundance of exclusion outweigh the benefits of species, and authorizes us to issue the chambered nautilus; (2) new or designation, unless excluding that area regulations necessary and advisable for updated information regarding the will result in extinction of the species. the conservation of the species. Thus, genetics and population structure of the To facilitate our consideration under we have flexibility under section 4(d) to chambered nautilus; (3) habitat within Section 4(b)(2), we also request for any tailor protective regulations, taking into the range of the chambered nautilus that area that may potentially qualify as account the effectiveness of available was present in the past but may have critical habitat information describing: conservation measures. The 4(d) been lost over time; (4) new or updated (1) Activities or other threats to the protective regulations may prohibit, biological or other relevant data essential features of occupied habitat or with respect to threatened species, some concerning any threats to the chambered activities that could be affected by or all of the acts which section 9(a) of nautilus (e.g., landings of the species, designating a particular area as critical the ESA prohibits with respect to illegal taking of the species); (5) habitat; and (2) the positive and endangered species. We are not information on the commercial trade of negative economic, national security proposing such regulations at this time, the chambered nautilus; (6) recent and other relevant impacts, including but may consider potential protective observations or sampling of the benefits to the recovery of the species, regulations pursuant to section 4(d) for chambered nautilus; (7) current or likely to result if particular areas are the chambered nautilus in a future planned activities within the range of designated as critical habitat. We seek rulemaking. In order to inform our the chambered nautilus and their information regarding the conservation consideration of appropriate protective possible impact on the species; and (8) benefits of designating areas within regulations for the species, we seek efforts being made to protect the waters under U.S. jurisdiction as critical information from the public on the chambered nautilus. habitat. See 50 CFR 424.12(g). In threats to the chambered nautilus and Public Comments Solicited on Critical keeping with the guidance provided by possible measures for their Habitat OMB (2000; 2003), we seek information conservation. that would allow the quantification of As noted above, we have determined Role of Peer Review these effects to the extent possible, as that critical habitat is not currently well as information on qualitative The intent of peer review is to ensure determinable for the chambered impacts to economic values. that listings are based on the best nautilus. To facilitate our ongoing Data reviewed may include, but are scientific and commercial data review, we request information not limited to: (1) Scientific or available. In December 2004, the Office describing the quality and extent of commercial publications; (2) of Management and Budget (OMB) habitat for the chambered nautilus, as administrative reports, maps or other issued a Final Information Quality well as information on areas that may graphic materials; (3) information Bulletin for Peer Review establishing qualify as critical habitat for the species received from experts; and (4) minimum peer review standards, a in waters under U.S. jurisdiction. We comments from interested parties. transparent process for public note that based on the best available Comments and data particularly are disclosure of peer review planning, and scientific information regarding the sought concerning: (1) Maps and opportunities for public participation. range of the chambered nautilus, waters specific information describing the The OMB Bulletin, implemented under of American Samoa may contain the amount, distribution, and use type (e.g., the Information Quality Act (Public Law only potential habitat for the species foraging) by the chambered nautilus, as 106–554), is intended to enhance the that is currently under U.S. jurisdiction. well as any additional information on quality and credibility of the Federal We request that specific areas that occupied and unoccupied habitat areas; government’s scientific information, and include the physical and biological (2) the reasons why any specific area of applies to influential or highly features essential to the conservation of habitat should or should not be influential scientific information the species, where such features may determined to be critical habitat as disseminated on or after June 16, 2005. require special management provided by sections 3(5)(A) and 4(b)(2) To satisfy our requirements under the considerations or protection, be of the ESA; (3) information regarding OMB Bulletin, we obtained independent identified. Areas outside the occupied the benefits of designating particular

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areas as critical habitat; (4) current or concluded that ESA listing actions are formal contacts with the states, and planned activities in the areas that not subject to the environmental other affected local, regional, or foreign might qualify for designation and their assessment requirements of the National entities, giving careful consideration to possible impacts; (5) any foreseeable Environmental Policy Act (NEPA). all written and oral comments received. economic or other potential impacts Executive Order 12866, Regulatory List of Subjects in 50 CFR Part 223 resulting from designation, and in Flexibility Act, and Paperwork particular, any impacts on small Reduction Act Endangered and threatened species. entities; (6) whether specific Dated: October 16, 2017. unoccupied areas may be essential for As noted in the Conference Report on Samuel D. Rauch, III, the conservation of the species; and (7) the 1982 amendments to the ESA, individuals who could serve as peer economic impacts cannot be considered Deputy Assistant Administrator for when assessing the status of a species. Regulatory Programs, National Marine reviewers in connection with a Fisheries Service. proposed critical habitat designation, Therefore, the economic analysis including persons with biological and requirements of the Regulatory For the reasons set out in the economic expertise relevant to the Flexibility Act are not applicable to the preamble, 50 CFR part 223 is proposed species, region, and designation of listing process. In addition, this to be amended as follows: critical habitat. proposed rule is exempt from review under Executive Order 12866. This PART 223—THREATENED MARINE References proposed rule does not contain a AND ANADROMOUS SPECIES A complete list of the references used collection-of-information requirement in this proposed rule is available within for the purposes of the Paperwork ■ 1. The authority citation for part 223 the docket folder under ‘‘Supporting Reduction Act. continues to read as follows: Documents’’ (www.regulations.gov/ Executive Order 13132, Federalism Authority: 16 U.S.C. 1531–1543; subpart #!docketDetail;D=NOAA-NMFS-2016- In accordance with E.O. 13132, we B, § 223.201–202 also issued under 16 U.S.C. 0098) and upon request (see 1361 et seq.; 16 U.S.C. 5503(d) for determined that this proposed rule does ADDRESSES). § 223.206(d)(9). not have significant federalism effects Classification and that a federalism assessment is not ■ 2. In § 223.102, paragraph (e), add a required. In keeping with the intent of new table subheading for ‘‘Molluscs’’ National Environmental Policy Act the Administration and Congress to before the ‘‘Corals’’ subheading and The 1982 amendments to the ESA, in provide continuing and meaningful adding a new entry for ‘‘nautilus, section 4(b)(1)(A), restrict the dialogue on issues of mutual state and chambered’’ under the ‘‘Molluscs’’ table information that may be considered Federal interest, this proposed rule will subheading to read as follows: when assessing species for listing. Based be given to the relevant governmental on this limitation of criteria for a listing agencies in the countries in which the § 223.102 Enumeration of threatened decision and the opinion in Pacific species occurs, and they will be invited marine and anadromous species. Legal Foundation v. Andrus, 657 F. 2d to comment. As we proceed, we intend * * * * * 829 (6th Cir. 1981), NMFS has to continue engaging in informal and (e) * * *

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

*******

Molluscs

Nautilus, chambered ...... Nautilus pompilius ...... Entire species ...... [Insert Federal Register NA NA citation and date when published as a final rule].

Corals

******* 1 Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

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[FR Doc. 2017–22771 Filed 10–20–17; 8:45 am] All personal identifying information 24, 2009). The Council developed this BILLING CODE 3510–22–P (e.g., name, address, etc.) voluntarily action to address several minor issues submitted by the commenter may be and inefficiencies that have been publicly accessible. Do not submit identified since the implementation of DEPARTMENT OF COMMERCE confidential business information or the IFQ system. otherwise sensitive or protected Proposed Framework Adjustment 2 National Oceanic and Atmospheric information. NMFS will accept Measures Administration anonymous comments. Attachments to electronic comments will be accepted Interactive Voice Response System (IVR) 50 CFR Part 648 via Microsoft Word, Microsoft Excel, Reporting Requirement Removal [Docket No. 160229159–7990–01] WordPerfect, or Adobe PDF file formats Commercial fishing vessels that land only. golden tilefish under the IFQ system are RIN 0648–BF85 Written comments regarding the currently required to report each trip burden-hour estimates or other aspects Fisheries of the Northeastern United within 48 hours of landing through our of the collection-of-information States; Framework 2 to the Tilefish IVR system. The Council originally requirements contained in this proposed Fishery Management Plan created this reporting requirement when rule may be submitted to the Greater the fishery was managed under three AGENCY Atlantic Regional Fisheries Office and : National Marine Fisheries permit categories, each with a sector- by email to OIRA_Submission@ Service (NMFS), National Oceanic and specific annual landings limit. The IVR omb.eop.gov, or fax to (202) 395–7285. Atmospheric Administration (NOAA), system provided timely landing reports Copies of Framework 2, and of the Commerce. to track quota use and allowed managers draft Environmental Assessment and ACTION: Proposed rule; request for to close a permit category if the annual preliminary Regulatory Impact Review comments. landings cap was reached. When the (EA/RIR), are available from the Mid- Council changed the management of the SUMMARY: NMFS proposes regulations to Atlantic Fishery Management Council, fishery to an IFQ system, it retained the implement Framework Adjustment 2 to 800 North State Street, Suite 201, Dover, IVR system to allow additional the Tilefish Fishery Management Plan. DE 19901. The EA/RIR is also accessible monitoring of landings. Improvements Framework Adjustment 2 was via the Internet at: in electronic dealer-reported landings developed by the Mid-Atlantic Fishery www.greateratlantic.fisheries.noaa.gov. and other data streams have rendered Management Council to improve and FOR FURTHER INFORMATION CONTACT: this IVR report redundant, and the data simplify the administration of the Douglas Potts, Fishery Policy Analyst, are no longer used to monitor quotas. golden tilefish fishery. These changes 978–281–9341, [email protected]. We propose to eliminate this include removing an outdated reporting SUPPLEMENTARY INFORMATION: unnecessary reporting requirement. requirement, proscribing allowed gear for the recreational fishery, modifying Background Recreational Fishing Gear Limit the commercial incidental possession This action proposes regulations to In recent years, there have been limit, requiring commercial golden implement Framework Adjustment 2 to reports of recreational fishermen using tilefish be landed with the head and fins the Tilefish Fishery Management Plan ‘‘mini-longline’’ gear with a large attached, and revising how assumed (FMP). The Mid-Atlantic Fishery number of hooks to target tilefish. The discards are accounted for when setting Management Council developed this Council is concerned the use of this gear harvest limits. framework to improve and simplify could result in dead discards if DATES: Comments must be received on management measures for the golden fishermen catch more than the eight-fish or before November 7, 2017. tilefish fishery in Federal waters north per person bag limit using this type of ADDRESSES: You may submit comments, of the Virginia/North Carolina border, gear setup. The Magnuson-Stevens Act identified by NOAA–NMFS–2016–0024, consistent with the requirements of the list of authorized gear types at 50 CFR by either of the following methods: Magnuson-Stevens Fishery 600.75(v) already restricts the • Electronic Submissions: Submit all Conservation and Management Act recreational fishery to rod and reel and electronic public comments via the (Magnuson-Stevens Act). The proposed spear gear. However, to avoid any Federal e-Rulemaking Portal. Go to management measures contained in potential confusion and clarify the www.regulations.gov/ Framework 2 are summarized below, amount of gear allowed, the Council has #!docketDetail;D=NOAA-NMFS-2016- with additional information and recommended and we propose that rod 0024, click the ‘‘Comment Now!’’ icon, analysis are provided in the EA (see and reel with a maximum of five hooks complete the required fields, and enter ADDRESSES). per rod should be the only authorized or attach your comments. The Council’s original FMP for the recreational tilefish gear for use in the • Mail: John K. Bullard, Regional golden tilefish fishery became effective Mid-Atlantic. Anglers could use either a Administrator, NMFS, Greater Atlantic in 2001 (66 FR 49136; September 26, manual or electric reel. Regional Fisheries Office, 55 Great 2001). The FMP established Total Republic Drive, Gloucester, MA 01930. Allowable Landings (TAL) as the Commercial Golden Tilefish Landing Mark the outside of the envelope: primary control on fishing mortality, Condition ‘‘Comments on Tilefish Framework 2.’’ and implemented a limited entry The commercial tilefish fishery Instructions: Comments sent by any program with a tiered commercial quota typically lands fish in a head-on, gutted other method, to any other address or allocation of the TAL. Amendment 1 to condition. However, quotas and individual, or received after the end of the FMP replaced the previous possession limits are in whole (round) the comment period, may not be management system with an individual weight. This requires the fishing considered by NMFS. All comments fishing quota (IFQ) system that allocated industry to use a conversion factor to received are part of the public record the TAL to individual quota change landed weight to whole weight and will generally be posted to shareholders rather than different to comply with incidental possession www.regulations.gov without change. permit categories (74 FR 42580; August limits and IFQ allocations. We proposed

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