28802 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

making effective comments, please visit Atmospheric Administration (NOAA), mammals/dolphins/indo-pacific- https://www2.epa.gov/dockets/ Commerce. humpback-dolphin.html. You may also commenting-epa-dockets. ACTION: Proposed rule; request for receive a copy by submitting a request FOR FURTHER INFORMATION CONTACT: comments. to the Office of Protected Resources, Charles Hatten, Environmental NMFS, 1315 East-West Highway, Silver Engineer, Control Strategies Section, Air SUMMARY: We, NMFS, have completed a Spring, MD 20910, Attention: Programs Branch (AR–18J), comprehensive status review under the Taiwanese humpback dolphin proposed Environmental Protection Agency, Endangered Species Act (ESA) for the rule. Region 5, 77 West Jackson Boulevard, Taiwanese humpack dolphin (Sousa FOR FURTHER INFORMATION CONTACT: Chicago, Illinois 60604, (312) 886–6031, chinensis taiwanensis) in response to a Chelsey Young, NMFS, Office of [email protected]. petition from Animal Welfare Institute, Protected Resources, (301) 427–8403. Center for Biological Diversity, and SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION: In the WildEarth Guardians to list the species. Final Rules section of this Federal Based on the best scientific and Background Register, EPA is approving the Indiana’s commercial information available, On March 9, 2016, we received a SIP submittal as a direct final rule including the draft status review report petition from the Animal Welfare without prior proposal because the (Whittaker and Young, 2017), and taking Institute, Center for Biological Diversity Agency views this as a noncontroversial into consideration insufficient efforts and WildEarth Guardians to list the submittal and anticipates no adverse being made to protect the species, we Taiwanese humpback dolphin (S. comments. A detailed rationale for the have determined that the Taiwanese chinensis taiwanensis) as threatened or approval is set forth in the direct final humpback dolphin has a high risk of endangered under the ESA throughout rule. If no adverse comments are extinction throughout its range and its range. This population of humpback received in response to this rule, no warrants listing as an endangered dolphin was previously considered for further activity is contemplated. If EPA species. receives adverse comments, the direct ESA listing as the Eastern Taiwan Strait final rule will be withdrawn and all DATES: Comments on this proposed rule distinct population segment (DPS) of the public comments received will be must be received by August 25, 2017. Indo-Pacific humpback dolphin (Sousa addressed in a subsequent final rule Public hearing requests must be chinensis); however, we determined that based on this proposed rule. requested by August 10, 2017. the population was not eligible for EPA will not institute a second ADDRESSES: You may submit comments listing as a DPS in our 12-month finding comment period. Any parties interested on this document, identified by NOAA– (79 FR 74954; December 16, 2014) in commenting on this action should do NMFS–2016–0041, by either of the because it did not meet all the necessary so at this time. Please note that if EPA following methods: criteria under the DPS Policy (61 FR receives adverse comment on an • Electronic Submissions: Submit all 4722; February 7, 1996). Specifically, amendment, paragraph, or section of electronic comments via the Federal we determined that while the Eastern this rule, and if that provision may be eRulemaking Portal. Go to Taiwan Strait population was severed from the remainder of the rule, www.regulations.gov/#!docketDetail;D= ‘‘discrete,’’ the population did not EPA may adopt as final those provisions NOAA-NMFS-2016-0041, click the qualify as ‘‘significant.’’ The second of the rule that are not the subject of an ‘‘Comment Now!’’ icon, complete the petition asserted that new scientific and adverse comment. For additional required fields, and enter or attach your taxonomic information demonstrates information, see the direct final rule comments. that the Taiwanese humpback dolphin which is located in the Rules section of • Mail: Submit written comments to is actually a subspecies, and stated that this Federal Register. Chelsey Young, NMFS Office of NMFS must reconsider the subspecies Dated: June 1, 2017. Protected Resources (F/PR3), 1315 East for ESA listing. On May 12, 2016, we West Highway, Silver Spring, MD published a positive 90-day finding for Robert A. Kaplan, 20910, USA. Attention: Taiwanese the Taiwanese humpback dolphin (81 Acting Regional Administrator, Region 5. humpback dolphin proposed rule. FR 29515), announcing that the petition [FR Doc. 2017–13193 Filed 6–23–17; 8:45 am] Instructions: Comments sent by any presented substantial scientific or BILLING CODE 6560–50–P other method, to any other address or commercial information indicating the individual, or received after the end of petitioned action of listing the the comment period, may not be subspecies may be warranted, and DEPARTMENT OF COMMERCE considered by NMFS. All comments explaining the basis for those findings. received are a part of the public record We also announced the initiation of a National Oceanic and Atmospheric and will generally be posted for public status review of the subspecies, as Administration viewing on www.regulations.gov required by section 4(b)(3)(A) of the without change. All personal identifying ESA, and requested information to 50 CFR Part 224 information (e.g., name, address, etc.), inform the agency’s decision on whether confidential business information, or the species warranted listing as [Docket No. 160413329–7546–02] otherwise sensitive information endangered or threatened under the submitted voluntarily by the sender will ESA. RIN 0648–XE571 be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ Listing Species Under the Endangered Endangered and Threatened Wildlife Species Act and Plants; Proposed Endangered A’’ in the required fields if you wish to Listing Determination for the remain anonymous). We are responsible for determining Taiwanese Humpback Dolphin Under You can find the petition, status whether species are threatened or the Endangered Species Act (ESA) review report, Federal Register notices, endangered under the ESA (16 U.S.C. and the list of references electronically 1531 et seq.). To make this AGENCY: National Marine Fisheries on our Web site at http:// determination, we first consider Service (NMFS), National Oceanic and www.fisheries.noaa.gov/pr/species/ whether a group of organisms

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules 28803

constitutes a ‘‘species’’ under section 3 Status Review Indo-Pacific humpback dolphin (Sousa of the ESA, then whether the status of The status review for the Taiwanese chinensis; Wang et al., 2015). Sousa the species qualifies it for listing as humpback dolphin was completed by chinensis is a broadly distributed either threatened or endangered. Section NMFS staff from the Office of Protected species within the family Delphinidae 3 of the ESA defines species to include Resources. To complete the status and order Cetartiodactyla, whereas the ‘‘any subspecies of fish or wildlife or review, we compiled the best available Taiwanese subspecies occurs in a plants, and any distinct population data and information on the subspecies’ restricted area of shallow waters off the segment of any species of vertebrate fish biology, ecology, life history, threats, western coast of Taiwan. The subspecies or wildlife which interbreeds when and conservation status by examining of Sousa chinensis occurring in the mature.’’ On February 7, 1996, NMFS the petition and cited references, and by Eastern Taiwan Strait—Sousa chinensis and the U.S. Fish and Wildlife Service conducting a comprehensive literature taiwanensis (herein referred to as the (USFWS; together, the Services) adopted search and review. We also considered Taiwanese humpback dolphin) was first a policy describing what constitutes a information submitted to us in response described in 2002 during an exploratory DPS of a taxonomic species (61 FR to our petition finding. The draft status survey of coastal waters off western 4722). The joint DPS policy identified review report was subjected to Taiwan (Wang et al., 2004b). Prior to two elements that must be considered independent peer review as required by coastal surveys, there were few records mentioning the species in this region, when identifying a DPS: (1) The the Office of Management and Budget save two strandings, a few photographs, discreteness of the population segment Final Information Quality Bulletin for and anecdotal reports (Wang, 2004). in relation to the remainder of the Peer Review (M–05–03; December 16, Since the first survey in 2002, species (or subspecies) to which it 2004). The draft status review report was peer reviewed by three independent researchers have confirmed their year- belongs; and (2) the significance of the round presence in the Eastern Taiwan population segment to the remainder of specialists selected from the academic and scientific community, with Strait (Wang and Yang, 2011). the species (or subspecies) to which it In terms of distinctive physical belongs. expertise in cetacean biology, conservation and management, and characteristics, the Indo-Pacific Section 3 of the ESA defines an specific knowledge of the Taiwanese humpback dolphin is generally easy to endangered species as ‘‘any species humpback dolphin. The peer reviewers distinguish from other dolphin species which is in danger of extinction were asked to evaluate the adequacy, in its range. In general, the Indo-Pacific throughout all or a significant portion of appropriateness, and application of data humpback dolphin is medium-sized, up its range’’ and a threatened species as used in the draft status review report as to 2.8 m in length, and weighs 250–280 one ‘‘which is likely to become an well as the findings made in the kg (Ross et al., 1994). It is characterized endangered species within the ‘‘Assessment of Extinction Risk’’ section by a robust body, long distinct beak, foreseeable future throughout all or a of the report. All peer reviewer short dorsal fin atop a wide dorsal significant portion of its range.’’ Thus, comments were addressed prior to hump, and round-tipped broad flippers in the context of the ESA, the Services finalizing the draft status review report. and flukes (Jefferson and Karczmarski, interpret an ‘‘endangered species’’ to be We subsequently reviewed the status 2001). The base of the fin measures 5– one that is presently at risk of review report, and its cited references, 10 percent of the body length, and extinction. A ‘‘threatened species,’’ on and we believe the status review report, slopes gradually into the surface of the the other hand, is not currently at risk upon which this proposed rule is based, body; this differs from individuals in of extinction, but is likely to become so provides the best available scientific the western portion of the range, which in the foreseeable future. In other words, and commercial information on the have a larger hump that comprises about a key statutory difference between a Taiwanese humpback dolphin. Much of 30 percent of body width, and forms the threatened and endangered species is the information discussed below on the base of an even smaller dorsal fin (Ross et al., 1994). the timing of when a species may be in dolphin’s biology, distribution, When young, humpback dolphins abundance, threats, and extinction risk danger of extinction, either now appear dark grey with no or few light- is attributable to the status review (endangered) or in the foreseeable future colored spots, and transform to mostly report. However, we have (threatened). The statute also requires us white (appearing pinkish) as dark spots independently applied the statutory to determine whether any species is decrease with age. However, the provisions of the ESA, including endangered or threatened as a result of developmental transformation of evaluation of the factors set forth in any of the following five factors: the pigment differs between Taiwanese and present or threatened destruction, section 4(a)(1)(A)-(E), our regulations Chinese humpback dolphin modification, or curtailment of its regarding listing determinations, and populations, and the spotting intensity habitat or range; overutilization for our DPS policy in making the 12-month on the dorsal fin of the Taiwanese commercial, recreational, scientific, or finding determination. The draft status population is significantly greater than educational purposes; disease or review report (cited as Whittaker and that in other nearby populations in the predation; the inadequacy of existing Young 2017) is available on our Web Pearl River estuary (PRE) or Jiulong regulatory mechanisms; or other natural site (see ADDRESSES section). In the River estuaries of the Chinese mainland or manmade factors affecting its sections below, we provide information (Wang et al., 2008). In fact, Wang et al. continued existence (ESA, section from the report regarding threats to and (2008) concluded that these differences 4(a)(1)(A)–(E)). Section 4(b)(1)(A) of the the status of the Taiwanese humpback in pigmentation can be used to reliably ESA requires us to make listing dolphin. distinguish the Taiwanese humpback determinations based solely on the best Description, Life History, and Ecology dolphin from other nearby populations, scientific and commercial data available of the Petitioned Species and Wang et al. (2015) further after conducting a review of the status confirmed that Taiwanese humpback of the species and after taking into Species Description dolphins were ‘‘clearly diagnosable account efforts being made by any State The Taiwanese humpback dolphin from those of mainland China under the or foreign nation or political subdivision (Sousa chinensis taiwanensis) is a most commonly accepted 75 percent thereof to protect the species. recently recognized subspecies of the rule for subspecies delimitation, with 94

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS 28804 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

percent of one group being separable humpback dolphin is thought to be (Wang et al., 2016). While the from 99 percent of the other.’’ Based on geographically isolated from mainland subspecies does not seem to show the this information, as well as additional Chinese populations, with water depth same attraction to fishing vessels as the evidence of geographical isolation and being the primary factor dictating their nearby Pearl River estuary (PRE) behavioral differences, the authors separation. The Taiwan Strait is 140– population, some evidence (e.g., net concluded that the Taiwanese 200 km wide, and consists of large entanglements and observations of humpback dolphin qualifies as a expanses of water 50–70 m deep (the individuals feeding around and behind subspecies, and revised the taxonomy of Wuchi and Kuanyin depressions). set gillnets and trawl nets, respectively) Sousa chinensis to include two Despite extensive surveys, Taiwanese indicate that Taiwanese humpback subspecies: The Taiwanese humpback humpback dolphins have never been dolphins may opportunistically feed in dolphin (S. chinensis taiwanensis) and observed in water deeper than 30 m. As proximity to deployed fishing gear the Chinese humpback dolphin (S. noted previously, the majority of (Slooten et al., 2013; Wang et al., 2016). chinensis chinensis) (Wang et al., 2015). sightings have been made in waters less As is common to the species as a whole, Because of the new information as than 20 m deep, but individuals have the Taiwanese subspecies uses presented in Wang et al. (2015), the been known to cross deep (>30 m) echolocation and passive listening to Taxonomy Committee of the Society for shipping channels in inshore waters find its prey. Marine Mammalogy officially revised its that have been dredged (Dares et al., Reproduction and Growth list of marine mammal taxonomy to 2014). Thus, deep water is thought to be recognize the Taiwanese humpback the specific barrier limiting exchange Little is known about the life history dolphin as a subspecies (Committee on with Chinese mainland populations and reproduction of the Taiwanese Taxonomy, 2016). (Jefferson and Karczmarski, 2001). humpback dolphin, and estimating life Sousa species in general have limited history parameters for the subspecies Range, Distribution and Habitat Use mobility, and restriction to shallow, has proven difficult due to the lack of The Taiwanese humpback dolphin near-shore estuarine habitats is a carcasses available for study (Wang et has a very restricted range, residing in significant barrier to movement al., 2016). A recent analysis of life the shallow coastal waters of central (Karczmarski et al., 1997; Hung and history patterns for individuals in the western Taiwan throughout the year Jefferson, 2004). Thus, confirmed PRE population may offer an (Wang et al., 2007a; Wang et al., 2016), present habitat constitutes a narrow appropriate proxy for understanding life with no evidence of seasonal region along the coast, which is affected history of the Taiwanese humpback movements (Wang and Yang, 2011; by high human population density and dolphin, as the PRE population Wang et al., 2016). Although the total extensive industrial development (Ross similarly inhabits estuarine and distribution of the dolphin covers et al., 2010; Karczmarski et al., 2016; freshwater-influenced environments approximately 750 km2, the subspecies’ Wang et al., 2016). affected by comparable threats of core distribution encompasses Overall, water depth and the pollution, as well as industrial approximately 512 km2 of coastal subspecies’ need for access to inshore, development and fishing activity waters, from estuarine waters of the estuarine waters, as well as the (Jefferson et al., 2012). Additionally, life Houlong and Jhonggang rivers in the estuarine distribution of prey species, history traits of the PRE population are north, to waters of Waishanding Jhou to are likely the main factors underpinning similar to the South African population, the south (Wang et al., 2016). This habitat use and distribution of suggesting that some general equates to a linear distance of Taiwanese humpback dolphins (Dares et assumptions of productivity can be approximately 170 km. However, the al., 2014; Wang et al., 2016). The input gathered, even on the genus-level main concentration of the population of freshwater to the habitat is thought to (Jefferson and Karczmarski, 2001; occurs between the Tongsaio River be important in sustaining estuarine Jefferson et al., 2012). However, it estuary and Taisi, which encompasses productivity, and thus supporting the should be noted that environmental the estuaries of the Dadu and Jhushuei availability of prey for the dolphin factors (e.g., food availability, habitat rivers, the two largest river systems in (Jefferson, 2000). Across the Taiwanese status) may affect important rates of western Taiwan (Wang et al., 2007a). humpback dolphin habitat, bottom reproduction and generation time in Typically, the Taiwanese humpback substrate consists of soft sloping muddy different populations, and thus dolphin is found within 3 km from the sediment with elevated nutrient inputs comparisons should be regarded with shore (Dares et al., 2014; Wang et al., primarily influenced by river deposition some caution. 2016). (Sheehy, 2010). These nutrient inputs Maximum longevity for PRE and Rarely, individuals have been sighted support high primary production, which South African populations is 39 and 40 and strandings have occurred in near- fuels upper trophic levels contributing years, respectively (Jefferson et al., shore habitat to the north and south of to the dolphin’s source of food. Thus, 2012; Jefferson and Karcsmarski, 2001); its current confirmed habitat; some of the characteristics defining distribution therefore, we assume that the Taiwanese these incidents are viewed as evidence and habitat use of the Taiwanese humpback dolphin experiences a that the historical range of the humpback dolphin are similar to those similar life expectancy. Likewise, we population extended farther than its of other humpback dolphin populations also expect the Taiwanese humpback current range (Dungan et al., 2011). (Dares et al., 2014). dolphin to have an age at sexual However, two specific anomalous maturity for females similar to that for sightings are considered incidences of Diet and Feeding the PRE and South African populations vagrancy, involving sick or dying Information on this Taiwanese (12–14 years). In general, it has been animals. All but two sightings have humpback dolphin’s foraging behavior assumed that the Taiwanese subspecies occurred in shallow water, less than 20 and specific diet is limited, but the experiences long calving intervals, m, and as shallow as 1.5 m. The only dolphins seem to have an opportunistic between 3 and 5 years (Jefferson et al., two sightings that occurred in water diet comprised primarily of estuarine 2012). A recent study on the deeper than 20 m occurred in habitat fish (e.g., sciaenids, mugilids, congrids, reproductive parameters of the where dredging had occurred (Wang et clupeoids), and either do not or rarely Taiwanese humpback dolphin al., 2007b). In fact, the Taiwanese feed on cephalopods and crustaceans confirmed this assumption, and

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules 28805

estimated the mean calving interval et al., 2016). This high social cohesion individuals that can be removed from a (defined as the period between the is most likely related to cooperative calf population without depleting it (Wade, estimated birth months of two rearing, wherein raising offspring with 1998), was conducted to assess the successive calves) to be 3.26 years ± SD the assistance of peers or kin can sustainability and stability of the 1.23 years (Chang et al., 2016). increase offspring survivorship and Taiwanese humpback dolphin in the However, it is important to note that the thereby increase the fitness of the face of present threats, and their results of this study are based on only population (Dungan et al., 2016). This projected future trends (Slooten et al., 4 years of data; therefore, females with behavior is thought to be an adaptive 2013). Using the most current potentially longer calving intervals response to the dolphin’s degraded, abundance estimate, and assuming that would not have been observed or geographically restricted environment the Taiwanese humpback dolphin recorded. Taiwanese humpback dolphin (which makes it difficult for mothers to population is a closed and discrete births occur throughout the year, but support offspring on their own), and to population based on information decrease in late summer and through their small population size (which has provided in Wang et al. (2012), Slooten mid-winter, with 69 percent of the likely increased the relatedness of et al. (2013) assessed the number of estimated months of birth occurring in individuals) (Dungan, 2011). Calves and individuals in the population that may spring and summer (Chang et al., 2016). their inferred mothers seem to have be lost due to occurrences other than In terms of survival, between 1 and 3 central positions in the social network, natural mortality and still allow for calves survive annually to the age of 1- which suggests that mother-calf pairs population stability and recovery. The year (mean = 2.75), with survival of may be the key underlying factor for authors calculated that a sustainable calves declining across the initial 3 overall network structure (Dungan et al., population could withstand no more years of life, from 0.778 (at 6 months) 2016). Given the subspecies’ unique than one human-caused dolphin death to 0.667 (at 1 year), and from 0.573 to cohesive social network, persisting every 7 to 7.6 years. Thus, even a single 0.563 at ages of 2 and 3 years, associations, and the reliance on human-caused mortality per year would respectively (Chang et al., 2016). Chang cooperative rearing behaviors of mother- exceed the PBR by a factor of seven et al. (2016) hypothesized that the calf groups for reproductive fitness and (Slooten et al., 2013). Their assessment relatively low calf survival observed in survival, disruption of these social took into account all non-natural the Taiwanese humpback dolphin patterns could have significant mortality including fishing, pollution, population is more likely due to ramifications regarding the dolphin’s vessel strikes, habitat destruction, and anthropogenic factors (e.g., fisheries ability to reproduce as well as calf other human activities, and determined interactions and habitat destruction) survivorship (Dungan et al., 2016), that current removal of individuals from than natural causes. Overall, the which is already reportedly low (Chang the population exceeds the PBR Taiwanese humpback dolphin is likely et al., 2016). necessary for population stability which long-lived, slow to mature, and has low Population Abundance and Trends would prevent decline, support natural recruitment rates and long calving population growth, and allow for There are only two formal estimates of intervals. These life history parameters improved status (Slooten et al., 2013). abundance for the Taiwanese humpback indicate slow population growth, which Given the population’s mortality rate of dolphin. The first study estimated a contributes to a limited capacity for the 1.5 percent (Wang et al., 2012), current population size of 99 individuals subspecies to exhibit resilience to rates of population decline are likely (coefficient of variation (CV) = 52 anthropogenic stressors (Chang et al., unsustainable. 2016). percent, 95 percent confidence interval (CI) = 37–266) based on surveys that An extremely low population size Population Structure used line transects to count animals estimate (fewer than 100 individuals) is No genetic data exist for the from 2002 to 2004 (Wang et al., 2007b). well supported by current available Taiwanese humpback dolphin; A new estimate of population data, and recent population viability therefore, the genetic connectivity abundance with data collected between analyses (PVAs) suggest that the within the population cannot be directly 2007 and 2010 using mark-recapture population is declining due to the assessed. However, in such a small methods of photo identification allowed synergistic effects of habitat degradation population, social behavior and habitat for higher-precision measurements and detrimental fishing interactions connectivity may provide clues to the (Wang et al., 2012). Yearly population (Arau´ jo et al., 2014; Huang et al., 2014). connectivity of the population as a estimates from this study ranged from Arau´ jo et al. (2014) modeled population whole. In general, humpback dolphin 54 to 74 individuals in 2009 and 2010, trajectory over 100 years using (Sousa spp.) populations are known for respectively (CV varied from 4 percent demographic factors alongside different having generally weak, fluctuating to 13 percent); these estimates were 25 levels of mortality attributed to bycatch, associations in ‘fission-fusion’ societies to 45 percent lower than those from and loss of carrying capacity due to (i.e., social groups that change in size 2002–2004 (Wang et al., 2012). Carrying habitat loss/degradation. The model and composition as time passes and capacity for the Taiwanese humpback predicted a high probability of ongoing individuals move throughout the dolphin has been estimated at 250 population decline under all scenarios. environment; Dungan, 2016; Wang et individuals (which was set higher than For instance, population size was al., 2016; Dungan, 2012; Jefferson, the highest point estimate abundance predicted to be smaller than the initial 2000). However, a recent study of from Wang et al. (2012)), as extrapolated size in more than 76 percent of all association patterns in Taiwanese from the mean density estimate for the model runs, with the final population humpback dolphins found that the population (Arau´ jo et al., 2014); this size predicted to be <1 individual (i.e., Taiwanese subspecies exhibits stronger, estimate suggests that the population extinction) in 66 percent of all model persistent relationships among abundance has been reduced from runs (Arau´ jo et al., 2014). Another PVA individuals, particularly among cohorts historical levels. was performed by using an individual- of mother-calf pairs (Dungan et al., An analysis of potential biological based model to account for parametric 2016), with a unique level of stability in removal (PBR), which, under the Marine uncertainty and demographic the population compared to other Mammal Protection Act (MMPA), is a stochasticity (Huang et al., 2014). humpback dolphin populations (Wang measure of the maximum number of Although this model showed wide

VerDate Sep<11>2014 17:30 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS 28806 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

variation in population growth dolphin, availability of data, and types below) and used to determine an overall estimates (ranging from a significant of threats, we determined that a risk of extinction for the Taiwanese decline of ¥0.113 to a moderate reasonable foreseeable future should humpback dolphin. Thus, scientific increase of 0.0317), the end result for extend out several decades (>50 years). conclusions about the overall risk of the subspecies was still an overall The foreseeable future timeframe is also extinction faced by the Taiwanese decline, with 69.4 percent of a function of the reliability of available humpback dolphin under present simulations predicting a population data regarding the identified threats and conditions and in the foreseeable future decline of greater than 25 percent extends only as far as the data allow for are based on our evaluation of the within one generation (i.e., 22 years) making reasonable predictions about the subspecies’ demographic risks and and the majority of simulations (54 species’ response to those threats. Given section 4(a)(1) threat factors. Our percent) predicting local extinction the Taiwanese humpback dolphin’s life assessment of overall extinction risk within 100 years (Huang et al., 2014). history traits, including longevity considered the likelihood and Overall, although the two PVA studies estimated to be upwards of 40 years, contribution of each particular factor, differed in their findings with regard to estimated maturity range of 12–14 years, synergies among contributing factors, the relative importance of bycatch and low reproductive rates and long calving and the cumulative impact of all habitat loss threats, both assessments intervals of >3 years, it would likely demographic risks and threats on the concluded that the subspecies is in take more than a few decades (i.e., subspecies. serious danger of going extinct (Wang et multiple generations) for any Section 4(b)(1)(A) of the ESA requires al., 2016). Ultimately, strong evidence management actions to be realized and the Secretary, when making a listing suggests that the Taiwanese humpback reflected in population abundance determination for a species, to take into dolphin population size is critically indices. Similarly, the impact of present consideration those efforts, if any, being small, and rates of decline are high and threats to the subspecies could be made by any State or foreign nation, or likely unsustainable. Further, it is clear realized in the form of noticeable any political subdivision of a State or that loss of only a single individual population declines within this time foreign nation, to protect the species. within the population per year would frame, as demonstrated by the very low Therefore, prior to making a listing substantially reduce population growth PBR estimate for the dolphin and determination, we also assess such rate and is thus unsustainable (Dungan current mortality rate of 1.5 percent. As protective efforts to determine if they et al., 2011, Slooten et al., 2013) the main operative threats to the are adequate to mitigate the existing Assessment of Extinction Risk subspecies include habitat destruction threats. and entanglement in fishing gear, this The ESA (section 3) defines an Evaluation of Demographic Risks time frame would allow for reliable endangered species as ‘‘any species Abundance which is in danger of extinction predictions regarding the impact of throughout all or a significant portion of current levels of fishery-related We identified the critically low its range.’’ A threatened species is mortality and the previously discussed population abundance of the Taiwanese defined as ‘‘any species which is likely impacts of habitat destruction as a result humpback dolphin as the demographic to become an endangered species within of land reclamation and other activities factor contributing most heavily to the the foreseeable future throughout all or on the biological status of the Taiwanese subspecies’ risk of extinction. With a significant portion of its range.’’ humpback dolphin. fewer than 100 individuals and low Neither we nor the USFWS have In determining the extinction risk of productivity, even a single human- developed formal policy guidance about a species (and in this case, a caused mortality per year is expected to how to interpret the definitions of subspecies), it is important to consider negatively impact the subspecies’ threatened and endangered with respect both the demographic risks facing the continued viability. For example, to what it means to be ‘‘in danger of species as well as current and potential current annual mortality is estimated at extinction.’’ We consider the best threats that may affect the species’ 1.5 percent (Wang et al., 2012) and available information and apply status. To this end, a demographic risk recent PVAs, which model future professional judgment in evaluating the analysis was conducted for the scenarios taking into account increasing level of risk faced by a species in Taiwanese humpback dolphin. A threats of fishing and habitat loss, deciding whether the species is demographic risk analysis is an confirm the unsustainable decline of the threatened or endangered. We evaluate assessment of the manifestation of past population (Arau´ jo et al., 2014; Huang demographic risks, such as low threats that have contributed to the and Karczmarski, 2014; Huang et al., abundance and productivity, and threats species’ current status and informs the 2014). In fact, both available PVA to the species, including those related to consideration of the biological response assessments conclude that the the factors specified in ESA section of the species to present and future subspecies is in danger of going extinct 4(a)(1)(A)–(E). threats. This analysis evaluated the (Wang et al., 2016). Overall, the small For purposes of assessing extinction population viability characteristics and and declining population size of the risk for the Taiwanese humpback trends available for the dolphin, such as Taiwanese humpback dolphin dolphin, we reviewed the best available abundance, growth rate/productivity, contributes to a high risk of extinction, information on the species and spatial structure and connectivity, and which is compounded by a variety of evaluated the overall risk of extinction diversity, to determine the potential ongoing threats to the population and its facing the Taiwanese humpback risks these demographic factors pose to habitat. dolphin, now and in the foreseeable the subspecies. The information from future. The term ‘‘foreseeable future’’ this demographic risk analysis was Growth Rate/Productivity was discussed qualitatively in the status considered alongside the information The Taiwanese humpback dolphin is review report and defined as the previously presented on threats to the associated with a slow rate of timeframe over which threats could be subspecies, including those related to reproduction, long calving intervals, projected with a reasonable amount of the factors specified by the ESA section low recruitment rates and a long period confidence. After considering the life 4(a)(1)(A)–(E) (and summarized in a of female-calf association. A recent history of the Taiwanese humpback separate Threats Assessment section study on the reproductive parameters of

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules 28807

the Taiwanese humpback dolphin As previously discussed, the high not supported by current environmental indicates low calf survival rate and social cohesion observed in the or behavioral mechanisms. Low fecundity (Chang et al., 2016). For the Taiwanese humpback dolphin is most diversity may contribute to low capacity Taiwanese humpback dolphin, low likely related to cooperative calf rearing; for the population to adapt to changes fecundity is likely caused by current this behavior is thought to be an in the marine environment projected in threats of habitat contamination, stress, adaptive response to the dolphin’s future climate scenarios. The and prey disruption (Chang et al., 2016). degraded, geographically restricted combination of low diversity and small As such, ongoing exposure to pollution environment (which makes it difficult population size most likely increases and stress derived from interactions for mothers to support offspring on their the population’s vulnerability to current with anthropogenic activity may act to own), and to their small population size and increasing threats. Insufficient data further reduce reproductive rates of this (which has likely increased the are available to directly determine the subspecies in the future. Trends of relatedness of individuals) (Dungan, effect of small population size on the decreasing reproductive rate are likely 2011). The social structure of this small genetic diversity of the population. to prevent the population’s adaptability population may be disrupted by several However, although insufficient data are to stress and impede its ability to factors. For instance, damming of available, evidence from abundance and increase population levels, even if freshwater input or construction and social structure suggest that diversity is mitigation efforts are made to address land reclamation preventing the transit likely low, and may contribute other threats such as bycatch and of individuals across its near shore moderately to the extinction risk of the habitat destruction. Overall, the range may lead to genetic and social subspecies. Taiwanese humpback dolphin’s fragmentation. Currently, the direct Summary of Factors Affecting the reproductive rate may be expected to impact of habitat alteration on the Taiwanese Humpback Dolphin decrease over time without efforts to genetic and social connectivity of the mitigate habitat contamination and Taiwanese humpback dolphin is based As described above, section 4(a)(1) of stress due to anthropogenic activity on limited data. Disruption of social the ESA and NMFS’ implementing occurring throughout the population’s structure through mortality or habitat regulations (50 CFR 424.11(c)) state that range. For the Taiwanese humpback fragmentation may hinder the transfer of we must determine whether a species dolphin, a low rate of reproduction and information and destabilize the (or in this case, a subspecies) is fecundity now, and likely reductions in community structure that aids in the endangered or threatened because of those rates in the future, contribute to a adaptability of the small population in any one or a combination of the high risk of extinction. the future. Current threats to habitat, following factors: The present or fishing entanglement, and direct threatened destruction, modification, or Spatial Structure/Connectivity mortality continue to increase, and may curtailment of its habitat or range; As previously discussed, genetic data disrupt the social stability and physical overutilization for commercial, are not available for the Taiwanese connectivity among individuals of the recreational, scientific, or educational humpback dolphin; therefore, the subspecies, particularly through the purposes; disease or predation; the genetic connectivity within the deaths of breeding females. However, inadequacy of existing regulatory population cannot be directly assessed. the extent to which these effects directly mechanisms; or other natural or In such a small population, however, impact the connectivity of the small and manmade factors affecting its continued social behavior and habitat connectivity isolated population remains uncertain. existence. We evaluated whether and may provide clues to the connectivity of Based on the narrow habitat range and the extent to which each of the the population as a whole. For the isolated nature of the population, with foregoing factors contributed to the Taiwanese humpback dolphin, habitat high within-population connectivity, overall extinction risk of the Taiwanese includes a very narrow strip of near continued alteration and fragmentation humpback dolphin. We summarize shore waters. Analysis of social of this connectivity due to increasingly information regarding each of these behavior of the population has revealed constricted habitat may hinder its future threats below according to the factors significant and high levels of ability to adapt to threats, and, specified in section 4(a)(1) of the ESA. interconnectedness and gregarious therefore, contributes moderately to the The best available information indicates behavior across this habitat range subspecies’ risk of extinction. that habitat destruction, modification, or (Dungan, 2011; Dungan et al., 2016). curtailment of the subspecies’ habitat or The population is not subdivided into Diversity range (e.g., land reclamation, fresh water smaller social groups, as is the case for While data do not exist to address the diversion, and pollution) and other larger mainland Chinese populations genetic diversity of the Taiwanese natural or manmade factors (e.g., (Dungan, 2011). Rather, the Taiwanese humpback dolphin, there are several bycatch and fisheries entanglement and humpback dolphin exhibits high social reasons to believe that diversity is vessel strikes) contribute significantly to cohesion relating to its strong reduced in the subspecies. First, with the subspecies’ risk of extinction. We population isolation, low abundance, fewer than 100 and possibly fewer than also determined that the inadequacy of confined geographic distribution, and 75 individuals in this reproductively existing regulatory mechanisms to anthropogenic stressors that have isolated subspecies (which is well control these threats is also contributing diminished the biological productivity below the minimum population size significantly to the dolphin’s extinction of Taiwan’s west coast over the last ∼60 (i.e., at least 250 individuals) required risk. We determined that overutilization years (Dungan et al., 2016; Dungan, for marine mammals to resist stochastic for commercial, recreational, scientific 2011). As such, the subspecies’ social genetic diversity loss (Huang et al., or educational purposes, disease, or structure may be unusual relative to 2014)), the gene pool may be predation are not operative threats on other S. chinensis populations in that experiencing critical bottlenecks. Next, the species, although we do recognize individual dolphins appear to be using social structure is highly connected in that these threats may act synergistically stronger, longer-lasting relationships in the population. This suggests that with the more high-risk threats. See order to cope with these environmental genetic substructure within the Whittaker and Young (2017) for and demographic differences (Dungan et population does not exist, and additional discussion of all ESA section al., 2016). diversification within the population is 4(a)(1) threat categories.

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS 28808 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

Destruction, Modification, or humpback dolphin’s habitat (Wang et levels of industrial development may Curtailment of the Species Habitat or al., 2016). reduce connectivity among estuaries Range Another study estimated that land along the narrowly distributed range of reclamation activities since 1972 have the population. This can physically As previously discussed in the Range, destroyed over 222 km2 of habitat along limit the ability of individuals to Distribution and Habitat Use section of the western coast of Taiwan, equating to associate with each other, which could this proposed rule, the Taiwanese 23 percent and 40 percent of dolphin have detrimental impacts on the humpback dolphin is an obligatory habitat and foraging habitat, dolphin’s reproductive output and calf shallow water inshore species known respectively (Karczmarski et al., 2016). survivorship, particularly given the for its restricted distribution and narrow However, the authors note that this is subspecies’ high social cohesion and habitat selectivity; thus, degradation of likely an underestimation of true dependence on cooperative calf-rearing coastal habitats can have significant impacts, as the study only considered behaviors (Dungan et al., 2016). Next, consequences for the subspecies, habitat loss due to land reclamation and waste discharge from industrial activity including impacts to persistence and did not account for other impacts to the leads to water and sediment distribution of the subspecies dolphin’s habitat (Karczmarski et al., contamination. Given the extremely (Karczmarski et al., 2016). Like many 2016). Results of this study indicate that limited availability of suitable habitat estuarine habitats, that of the Taiwanese the dolphin likely had a continuous for the dolphin, use of lower quality humpback dolphin is negatively distribution prior to any land habitat near coastal developments impacted by highly concentrated human reclamation activities, whereas the because of land reclamation can also activity. In fact, out of Taiwan’s human subspecies’ current distribution appears expose the dolphins to areas of higher population of 23 million, approximately fragmented into two zones separated by effluent discharge and pollutants (Dares 90 percent live in counties bordering the an area of potential avoidance. et al., 2017). Finally, dredging and west coast of Taiwan, and thus abutting Therefore, Karczmarski et al. (2016) hydraulic sand fill methods used the Taiwanese humpback dolphin’s concluded that the current frequently for industrial land habitat (Ross et al., 2010). In addition to discontinuous distribution of Taiwanese reclamation in the area not only high population density, the coastal humpback dolphins is likely due to encroach upon limited habitat, but also region is associated with persistent varying levels of habitat degradation have the potential to disrupt the industrial development, land rather than ‘‘natural patchiness of their distribution of vital prey species of the reclamation, and freshwater diversion, environment.’’ population (Ross et al., 2010; Dungan et all of which destroy and degrade In contrast, Dares et al. (2017) found al., 2011). estuarine habitat upon which the that Taiwanese humpback dolphins exhibited temporal and spatial variation In addition to land reclamation, fresh Taiwanese humpback dolphin depends water diversion likely has significant (Sheehy, 2009; Thamarasi, 2014). in mean densities across their range, and that dolphin density was not impacts to the Taiwanese humpback Below, we discuss several factors that dolphin, as the subspecies is dependent may be contributing to the destruction, directly linked to any environmental factors (e.g., depth, sea surface upon freshwater inflow to support the modification, or curtailment of the productivity and ecosystem health of its Taiwanese humpback dolphin’s habitat temperature, salinity, and proximity to the nearest source of fresh water). In estuarine habitat. This habitat need of and/or range, including coastal freshwater inflow for the Taiwanese development/land reclamation, fact, all metrics analyzed in the study, including dolphin sightings, dolphin humpback dolphin is similar to that freshwater diversion, and contaminants/ shown for the PRE population of pollutants. density, and mother-calf pairs, were higher in waters adjacent to major humpback dolphins in mainland China, Land reclamation due to industrial reclamation projects as compared to where freshwater inflow has been activity and coastal development more natural waters where major shown to support steady estuarine contributes to widespread loss and reclamation activities had not occurred. ecosystem production upon which the degradation of Taiwanese humpback Unlike other cetacean species, dolphin relies for prey (Jefferson and dolphin habitat. Over the past three Taiwanese humpback dolphins are Hung, 2004). This freshwater flow is decades, the west coast of Taiwan has confined to a relatively small amount of drastically reduced by dams, flood undergone large alterations of coastal suitable habitat and restricted to control, and river diversions related to environments due to embankment, land shallow estuarine waters; therefore, the industrial development and diversion reclamation, coastal construction, and dolphins do not have the option to for agricultural and municipal purposes shoreline development, including the relocate to other areas when high (Dungan et al., 2011). In Taiwan, construction of break-walls and quality habitats are degraded or lost to freshwater flow from all major rivers to dredging activities. These activities have reclamation activities (Dares et al., estuaries has decreased by as much as increased over the last 50 years and are 2017). Therefore, the authors conclude 80 percent due to anthropogenic expected to continue into the future, that ‘‘rather than a real preference for diversion (Ross et al., 2010). Landsat largely unchecked (Wang et al., 2004a; waters adjacent to reclaimed coastlines’’ data also show a drastic reduction and Wang et al., 2007a; Karczmarski et al., the patterns observed in the study are weakening of annual discharge from 2016). In fact, recent studies have likely because the locations of these major rivers along Taiwan’s west coast documented extensive loss of native large construction sites and activities since 1972, as indicated by the reduced estuarine habitat across the Taiwanese are in close proximity to the two largest width of the channel and alluvial fans humpback dolphin’s range. For estuaries in the range of the subspecies at river mouths (Karczmarski et al., example, from 1995 to 2007, actions (Dares et al., 2017). 2016). Dams are already in place for taken to control for erosion and Despite the differences in distribution many rivers in Western Taiwan, and flooding, as well as the expansion of and habitat use observed in these recent have resulted in widespread loss of structures such as fishing ports, power studies, the large elimination of suitable estuarine mudflat habitat, which is vital plants, and other public facilities, habitat negatively affects the Taiwanese to Taiwanese humpback dolphin resulted in a 20 percent decline in humpback dolphin in several ways. foraging and productivity. For example, natural coastline within the Taiwanese First, habitat fragmentation due to high the Coshui (Juoshuei) River that once

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules 28809

supplied sediment to the Waisanding immunotoxicity based on a 17 mg/kg contributes to the subspecies’ extinction sand bar has been diverted and lipid weight (LW) threshold for risk. restricted by the Formosa Petrochemical immunotoxicity (noting that there are It is also unlikely that scientific Corporation plant, resulting in shifts several lower level thresholds shown to monitoring has a negative impact on the and shrinking of the sand bar (Chen, impact the health of marine mammals). Taiwanese humpback dolphin. The 2006). Taiwanese dams and their total Model outputs using a ‘‘best-case’’ dolphin was only first observed in 2002, capacity have increased exponentially scenario (e.g., diet of 100 percent and since then several scientific surveys over the past century, resulting in Johnius spp.) resulted in average adult have sought to characterize its status significant loss and alteration of natural males reaching the threshold and abundance. The low frequency of estuarine systems. Finally, pollution concentration just prior to turning 9.3 these surveys, and reliance on non- and habitat contamination pose a threat years of age. In contrast, the average invasive photo identification, are to the health of long-lived species such adult female would only acquire enough unlikely to pose serious threats to the as the humpback dolphin. Due to PCBs to reach concentrations of 2.84 subspecies. concentrated industrial and human mg/kg LW due to offloading much of Inadequacy of Existing Regulatory activity, high levels of pollution are their body burden to their offspring after Mechanisms discharged into the habitat of the giving birth (Riehl et al., 2012). Taiwanese humpback dolphin (Wang et Although the study was based on There are few regulations in place for al., 2007a). The sources of these limited species-specific data inputs to the protection of the Taiwanese pollutants include marine boat repair, the model, humpback dolphins in the humpback dolphin. For example, the fish processing, fueling stations, ship PRE, affected by similar threats of Taiwanese humpback dolphin is listed under Taiwan’s Wildlife Conservation dumping, pipeline leakage, municipal industrial development and habitat Act as a Level I protected species, which and residential waste, industrial contamination, have demonstrated grants species the highest level of legal effluent, and livestock runoff (Ross et elevated concentrations of protection. Article 4 of the Act al., 2010). The discharge of toxic organochlorines including PCBs, designates humpback dolphins as pollutants into coastal waters of Taiwan hexachlorocyclohexanes (HCHs), and ‘‘protected wildlife’’, and Article 18 is largely unregulated. For instance, an dichlorodiphenyltrichloroethanes states that these animals are ‘‘not to be estimated 740,000 tons of waste oil from (DDTs) (Parsons, 2004; Ramu et al., disturbed, abused, hunted [or] killed’’ boats enters the marine environment in 2005; Jefferson et al., 2006). For (Wang et al., 2016). Nonetheless, there Taiwan each year (Wang et al., 2007b). example, in humpback dolphins off the appear to be no associated regulatory or coast of Hong Kong, the concentration of In addition, over 70 percent of enforcement actions for the prevention m wastewater is discharged into river DDTs was as high as 470 g/g LW, and of bycatch and entanglement of the m systems untreated, and subsequently PCBs as high as 78 g/g (Ramu et al., population, or extensive habitat runs off into near shore estuarine habitat 2005). Toxicity analysis (which degradation (Wang et al., 2016). For (Chen et al., 2007). Particularly compares these concentrations with example, several years after Ross et al. damaging are persistent organic, heavy known toxic effects from other marine (2010) published recommendations for metal, and trace metal pollutants which mammals) strongly suggests that these legally protecting the confirmed and negatively interact with cetacean chemicals impair reproduction and suitable habitat for the Taiwanese development and reproduction and are suppress immune function in the Indo- humpback dolphins, the Forestry associated with carcinogenic and Pacific humpback dolphin (Ramu et al., Bureau of Taiwan proposed ‘‘Major teratogenic properties (Reijnders, 2003; 2005). This is particularly concerning Wildlife Habitat’’ for the dolphins in Ramu et al., 2005). These toxins have given the already low reproductive rate 2014; however, the proposed protected been found to accumulate and become of the dolphin. area did not cover the minimum area concentrated in the marine sediment off Overutilization for Commercial, recommended for protection (Wang et the coast of Taiwan affected by Recreational, Scientific or Educational al., 2016). Given the already restricted freshwater input, impacting the Purposes amount of suitable habitat available to Taiwanese humpback dolphin habitat the dolphin, providing legal protection (Chen et al., 2007; Hung et al., 2010). We assessed two factors that may for an area that does not cover the Even toxins which were banned in the contribute to the overutilization of the subspecies’ entire distribution may put 1980s, such as polychlorinated subspecies: Whale watching and the dolphins at risk of encountering biphenyls (PCBs), remain present in scientific research. While some whale increased threats occurring just outside poorly maintained machinery and watching and recreational observation the protected area (also known as the industrial equipment, thus their of marine mammals occurs off the coast ‘‘edge effect’’; see original citations in accumulation is expected to continue in of Taiwan, it is unlikely that these Wang et al., 2016). Furthermore, the future (Chou et al., 2004). activities contribute heavily to the regardless of potential inadequacies of Pollution can affect the Taiwanese extinction risk for the Taiwanese the proposed protected area, the ‘‘Major humpback dolphin in two ways: humpback dolphin relative to other Wildlife Habitat’’ proposal has not yet Directly influencing the health of the threats. However, some tours targeting been implemented (Wang et al., 2016). animal or influencing prey that the the Taiwanese humpback dolphin have Therefore, based on current knowledge dolphin later ingests, thus leading to been permitted to operate despite of the population, and despite providing bioaccumulation of toxins in the recommendations against any boat- the highest level of legislative dolphin. To date, only one study has based dolphin watch tour targeting the protection, the Wildlife Conservation analyzed the potential bioaccumulation subspecies (Wang, pers. comm., 2017; Act appears inadequate to control for of toxins specifically for the Taiwanese Wang et al., 2007a). Therefore, while the primary threats to the species and humpback dolphin population. Riehl et whale watching tours on their own are has thus far proven unsuccessful in al. (2012), using a life-history based unlikely to pose a significant threat to slowing population decline. contaminant accumulation model for the dolphin, any additional stressor on While many recommendations have marine mammals, estimated that 68 the population likely acts synergistically been made to guide the future percent of the population is at risk for with other more prominent threats and conservation and recovery of the

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS 28810 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

population (Wang et al., 2004a; Wang et dolphin (Slooten et al., 2013). One of individuals. Individuals of the al., 2007a; Ross et al., 2010; Ross et al., study determined that over 30 percent Taiwanese humpback dolphin have 2011), no current regulatory of the Taiwanese humpback dolphin shown potential evidence of disturbance mechanisms are in place to address the population exhibits evidence of due to such effects (Slooten et al., 2013). major threats to the subspecies and its fisheries interactions including wounds, For example, recent surveys have future viability. Development and scars, and entanglement (Wang et al., observed dolphins with emaciated and industrialization of the region are 2007a; Slooten et al., 2013), with 59.2 poor body condition, suggesting largely unregulated. Likewise, fishing percent of injuries (lethal and non- declines in prey abundance, increased and marine mammal bycatch are also lethal) observed confirmed to have foraging effort, or disease (Slooten et al., unregulated. originated from fisheries interactions 2013). While most Taiwanese humpback Therefore, based on the foregoing (Slooten et al., 2013). In a more recent dolphin prey species are small and not information, we conclude that existing study that expands upon Slooten et al. commercially valuable (Barros et al., regulations for the Taiwanese humpback (2013), Wang et al. (2017) determined 2004), decreases in their abundance due dolphin are inadequate. That is, the that nearly 60 percent of the individuals to bycatch and subsequent fishmeal laws that are in place currently are not examined in the study (n = 78) bore production may lead to over- effectively controlling for the main major injuries caused by human exploitation, and reduce prey identified threats to the species (e.g., activities, with 93 major injuries availability for the dolphin (Slooten et habitat destruction and fishing recorded on 46 individuals. The authors al., 2013). Increased prey aggregation interactions) and will likely not prevent defined ‘‘major injuries’’ as those that due to fishing can also attract mothers future population decline. would likely comprise the dolphin’s and calves, putting them at greater risk Other Natural or Manmade Factors health, survivorship or reproductive of entanglement and injury; this has Affecting Its Continued Existence potential. Not only was a large been observed in the PRE population, proportion of the population injured, and is most likely behavior common to We assessed several potential threats more than half of the individuals the Taiwanese humpback dolphin as that fall under the category of Other suffered multiple injuries, with several well (Jefferson, 2000). Finally, death and Natural or Manmade Factors, including new injuries observed. Consequently, injury of individuals due to fishing bycatch and entanglement in fishing this means that the risk of injury by activity can disrupt social structure, gear, vessel strikes, acoustic human activities is ongoing. In fact, which may affect the survival of calves disturbance, and climate change. from 2007 to 2015, 11 new human- or transfer of generational information Among these threats, injury and caused injuries were recorded on 9 throughout the social network. For mortality due to bycatch and individuals. Therefore, the population example, loss of a mature female may entanglement in fishing gear and vessel impact the trajectory of learning and strikes were by far the most significant incurred a minimum of 1.38 new threats to the continued existence of the injuries each year of the study, which survival techniques passed on to a calf Taiwanese humpback dolphin. We resulted in a total major injury rate of in its first several years. discuss these threats in detail below. 1.13 individuals/year (Wang et al., In addition to bycatch and Detailed information on the other 2017). However, the authors note that entanglement, fishing activities can threats (i.e., acoustic disturbance and despite the fact that all metrics affect dolphins by increasing the climate change) can be found in the evaluated in the study were high, they likelihood of vessel strikes due to draft status review report (Whittaker were still likely underestimates of the increased boat traffic. The waters off and Young, 2017). total impacts. For example, fatal injuries Taiwan are highly concentrated with As noted previously, entanglement in which the animal dies immediately human boat activity, including and mutilation due to interactions with or soon after could not be considered transportation, industrial shipping, fishing gear are likely the most serious and thus were not factored into the commercial fishing, sand extraction, direct and immediate threat to the overall measure of impact. Two harbor dredging, and commercial Taiwanese humpback dolphin (Wang et individuals have been found dead since dolphin watching. This activity is al., 2016; Wang et al., 2017). Bycatch 2009 with indications of gillnet unmitigated, and its concentration has poses a significant threat to small entanglement injuries (Wang et al., increased dramatically over the past few cetaceans in general, where 2017) and thus far, there has been no decades. In fact, the trend in boating entanglement in fishing gear results in action to reduce any of the major threats and fishing activity in the region has widespread injury and mortality (Read identified more than a decade ago at the increased by more than 750 percent et al., 2006). Taiwanese fisheries reports first workshop on the conservation and since the 1950s, and its increase is indicate that entanglement in fishing research needs of the subspecies (Wang expected to continue into the gear kills thousands of small cetaceans et al., 2004a; Wang et al., 2017). Overall, foreseeable future (Huang and Chuang, in the region (Chou, 2006). Although without immediate actions to control for 2010). Fishing vessels alone contribute there are many types of fishing gear threats from local fisheries (especially a large fraction of this boating activity; used throughout the subspecies’ habitat, net fisheries) and other major threats an estimated 6,300 fishing vessels are the two fishing gear types most identified to the subspecies, the currently active inside the dolphins’ hazardous to small cetaceans are gillnets Taiwanese humpback dolphin likely habitat (operating from ports in the six and trammel nets, thousands of which faces imminent extinction (Wang et al., coastal counties fronting the dolphins’ are set in coastal waters off western 2017). habitat), and 45 percent of them are Taiwan (Dungan et al., 2011; Slooten et In addition to direct effects of fishing regularly engaged in fishing coastal al., 2013). activity on the Taiwanese humpback waters (Slooten et al., 2013). The fleet is Injury due to entanglement is evident dolphin, indirect effects of fishing over-capitalized due to technological in the Taiwanese humpback dolphin include: Depletion of prey resources, improvements, and thus fishing population, identified by characteristic pollution, noise disturbance, altered pressure and negative interactions markings on the body, including behavioral responses to prey aggregation between fishing gear/vessels and constrictive line wraps, and direct in fishing gear, and potential changes to cetaceans are increasing (Wang et al., observation of gear wrapped around the social structure arising from the deaths 2007b). Additionally, this traffic is

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules 28811

unregulated, and poses a threat to the even a single mortality event. Evidence information on protective efforts for the limited and narrow habitat available to suggests that diversity of the population Taiwanese humpback dolphin that the subspecies. The noise from these is low, which reduces the resiliency of would reduce its current risk of vessels may be disorienting for the the population to threats and changes in extinction. dolphins, which rely upon acoustic its habitat. The population appears to be Proposed Determination sensory systems to communicate, forage, cohesive, most likely due to low and interact with their environment, population size and the narrow extent of Section 4(b)(1) of the ESA requires and thus increase the potential for a its habitat. The potential for future that we make listing determinations strike. In addition, individuals, disruption of social structure due to based solely on the best scientific and especially females and calves, may be habitat fragmentation may heavily commercial data available after attracted to fishing vessels due to impact the transfer of generational conducting a review of the status of the elevated prey concentration, which can information, calf survival, and foraging species and taking into account those lead to mortality via vessel strike. success. Finally, the population exhibits efforts, if any, being made by any state Humpback dolphins off the coast of naturally low rates of reproduction and or foreign nation, or political Hong Kong, which interact with productivity, and data suggest that subdivisions thereof, to protect and comparable levels of vessel traffic and stress and habitat pollution act to conserve the species. We have face similar threats to habitat, have further reduce the population’s independently reviewed the best demonstrated unmistakable evidence of fecundity and productivity. Given these available scientific and commercial propeller cuts on their bodies, and demographic characteristics, the information, including the petition, vessel strikes have been determined as aforementioned threats work public comments submitted on the 90- the conclusive cause of mortality in a synergistically to disrupt social day finding (81 FR 1376; January 12, high proportion of stranding incidents structure, increase stress, limit food 2016), the draft status review report (Jefferson, 2000). availability, and reduce fecundity while (Whittaker and Young, 2017), and other Aside from direct mortality, resulting in direct loss through published and unpublished interaction with vessel traffic may alter mortality, injury, and prevention of information, and we have consulted behavior of the dolphin, causing stress, population recovery. Due to the with species experts and individuals reducing foraging efficiency, increasing immediacy and intensity of threats, and familiar with the Taiwanese humpback the threat of predation, and altering demographic characteristics increasing dolphin subspecies. We considered each behaviors that support its productivity. the vulnerability of the population, we of the section 4(a)(1) factors to For instance, in individuals off the coast have concluded that the Taiwanese determine whether it contributed of Hong Kong, mother-calf pairs humpback dolphin has an overall high significantly to the extinction risk of the demonstrated the greatest level of risk of extinction. species on its own. We also considered disturbance by vessel traffic; it has been the combination of those factors to hypothesized that separation of the calf Conservation Efforts determine whether they collectively due to vessel disturbance could easily Section 4(b)(1)(A) of the ESA requires contributed significantly to the increase risk of predation, aside from the Secretary, when making a listing extinction risk of the species. Therefore, the direct injury of a vessel strike (Van determination for a species, to take into our determination set forth below is Parijs and Corkeron, 2001). account those efforts, if any, being made based on a synthesis and integration of by any State or foreign nation to protect the foregoing information, factors and Overall Extinction Risk Summary the species. considerations, and their effects on the We identified several threats that Non-governmental organizations status of the subspecies throughout its likely affect the continued survival of (NGOs), scientists, activists and range. the Taiwanese humpback dolphin, residents of Taiwan have invested We conclude that the Taiwanese including destruction, modification, and significant amounts of time and humpback dolphin is presently in curtailment of its habitat (e.g., land resources into the conservation of the danger of extinction throughout its reclamation, industrial, agricultural, and Taiwanese humpback dolphin (Wang et range. We summarize the factors municipal pollution, and river al., 2016). For example, a series of supporting this conclusion as follows: diversion), and other natural or workshops have been conducted to (1) The best available information manmade factors, such as bycatch and discuss the conservation of the indicates that the subspecies has a entanglement in fishing gear, vessel Taiwanese humpback dolphin. These critically small population of less than strikes, and acoustic disturbance. Of took place in 2004, 2007, 2011 and 100 individuals, which is likely these threats, destruction and 2014, bringing together scientists, policy declining; (2) the Taiwanese humpback modification of habitat through land makers, and international partners to dolphin has a very restricted range, reclamation, river flow diversion, and discuss conservation options for the occurring only in the shallow waters off pollution, as well as entanglement and subspecies. The overarching goals of the western coast of Taiwan; (3) the bycatch pose the highest risk of each workshop were to define the subspecies possesses life history extinction for the Taiwanese humpback conservation status, current threats, and characteristics that increase its dolphin. These threats are immediate, outline potential conservation measures vulnerability to threats, including that it and intensity of these threats is likely to that would best help to improve the is long-lived and has a late age of increase in the future. Regulations to status of the subspecies. Since these maturity, slow population growth, and mitigate these threats are not currently workshops, research on the population low rate of reproduction and fecundity; in place, and plans for mitigation have has increased greatly, and (4) the subspecies is confined to limited not yet been implemented. The analysis understanding of the subspecies’ habitat in a heavily impacted area of of demographic factors above identified abundance and population trends have coastline where ongoing habitat several characteristics that elevate the improved. However, actions have yet to destruction (including coastal population’s vulnerability to these be taken by the local government to development, land reclamation, and threats. For example, heavily reduce any of the major existing threats fresh water diversion) contributes to a diminished and declining population faced by the subspecies (Wang et al., high risk of extinction; (5) the size drastically elevates the impact of 2016). We could not find any additional Taiwanese humpback dolphin is

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS 28812 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

experiencing unsustainable rates of jeopardize the continued existence of Taiwanese humpback dolphin that was fisheries interactions, including the species or result in adverse present in the past, but may have been mortality and major injuries due to modification or destruction of critical lost over time; (4) any threats to the bycatch and entanglement in fishing habitat should it be designated. It is Taiwanese humpback dolphin (e.g., gear; and (6) existing regulatory unlikely that the listing of this fishing gear entanglement, habitat mechanisms are inadequate for subspecies under the ESA will increase destruction, etc.); (5) current or planned addressing the most important threats of the number of section 7 consultations activities within the range of the habitat destruction and fisheries because the subspecies occurs outside of Taiwanese humpback dolphin and their interactions. the United States and is unlikely to be possible impact on the subspecies; (6) As a result of the foregoing findings, affected by Federal actions. recent observations or sampling of the which are based on the best scientific Taiwanese humpback dolphin; and (7) Critical Habitat and commercial data available, we efforts being made to protect the conclude that the Taiwanese humpback Critical habitat is defined in section 3 Taiwanese humpback dolphin. dolphin is presently in danger of of the ESA (16 U.S.C. 1532(3)) as: (1) extinction throughout all of its range. The specific areas within the Role of Peer Review Accordingly, the Taiwanese humpback geographical area occupied by a species, In December 2004, the Office of dolphin meets the definition of an at the time it is listed in accordance Management and Budget (OMB) issued endangered species, and thus warrants with the ESA, on which are found those a Final Information Quality Bulletin for listing as an endangered species at this physical or biological features (a) Peer Review establishing minimum peer time. essential to the conservation of the review standards, a transparent process species and (b) that may require special for public disclosure of peer review Effects of Listing management considerations or planning, and opportunities for public Conservation measures provided for protection; and (2) specific areas outside participation. The OMB Bulletin, species listed as endangered or the geographical area occupied by a implemented under the Information threatened under the ESA include the species at the time it is listed upon a Quality Act (Pub. L. 106–554), is development and implementation of determination that such areas are intended to enhance the quality and recovery plans (16 U.S.C. 1533(f)); essential for the conservation of the credibility of the Federal government’s designation of critical habitat, if prudent species. ‘‘Conservation’’ means the use scientific information, and applies to and determinable (16 U.S.C. of all methods and procedures needed influential scientific information or 1533(a)(3)(A)); a requirement that to bring the species to the point at highly influential scientific assessments Federal agencies consult with NMFS which listing under the ESA is no disseminated on or after June 16, 2005. under section 7 of the ESA to ensure longer necessary. Section 4(a)(3)(A) of To satisfy our requirements under the their actions do not jeopardize the the ESA (16 U.S.C. 1533(a)(3)(A)) OMB Bulletin, we obtained independent species or result in adverse modification requires that, to the extent prudent and peer review of the status review report. or destruction of designated critical determinable, critical habitat be Independent specialists were selected habitat (16 U.S.C. 1536); and, for designated concurrently with the listing from the academic and scientific endangered species, prohibitions on the of a species. However, critical habitat community for this review. All peer import and export of any endangered cannot be designated in foreign reviewer comments were addressed species; the sale and offering for sale of countries or other areas outside U.S. prior to dissemination of the final status such species in interstate or foreign jurisdiction (50 CFR 424.12(g)). The review report and publication of this commerce; the delivery, receipt, Taiwanese humpback dolphin is proposed rule. carriage, shipment, or transport of such endemic to Taiwan and does not occur References species in interstate or foreign within areas under U.S. jurisdiction. commerce and in the course of a There is no basis to conclude that any A complete list of all references cited commercial activity; and the ‘‘take’’ of unoccupied areas under U.S. herein is available upon request (see FOR such species within the U.S., within the jurisdiction are essential for the FURTHER INFORMATION CONTACT). U.S. territorial sea, or on the high seas conservation of the subspecies. Classification (16 U.S.C. 1538). Recognition of the Therefore, we do not intend to propose species’ imperiled status through listing any critical habitat designations for the National Environmental Policy Act may also promote conservation actions subspecies. Section 4(b)(1)(A) of the ESA restricts by Federal and state agencies, foreign Public Comments Solicited on Listing the information that may be considered entities, private groups, and individuals. when assessing species for listing and To ensure that the final action sets the basis upon which listing Identifying Section 7 Consultation resulting from this proposal will be as Requirements determinations must be made. Based on accurate and effective as possible, we the requirements in section 4(b)(1)(A) of Section 7(a)(2) (16 U.S.C. 1536(a)(2)) solicit comments and suggestions from the ESA and the opinion in Pacific Legal of the ESA and NMFS/FWS regulations the public, other governmental agencies, Foundation v. Andrus, 675 F. 2d 825 require Federal agencies to confer with the scientific community, industry, (6th Cir. 1981), we have concluded that us on actions likely to jeopardize the environmental groups, and any other ESA listing actions are not subject to the continued existence of species proposed interested parties. Comments are environmental assessment requirements for listing, or that result in the encouraged on this proposal (See DATES of the National Environmental Policy destruction or adverse modification of and ADDRESSES). Specifically, we are Act (NEPA). proposed critical habitat. If a proposed interested in new or updated species is ultimately listed, Federal information regarding: (1) The range, Executive Order 12866, Regulatory agencies must consult on any action distribution, and abundance of the Flexibility Act, and Paperwork they authorize, fund, or carry out if Taiwanese humpback dolphin; (2) the Reduction Act those actions may affect the listed genetics and population structure of the As noted in the Conference Report on species or its critical habitat and ensure Taiwanese humpback dolphin; (3) the 1982 amendments to the ESA, that such actions are not likely to habitat within the range of the economic impacts cannot be considered

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules 28813

when assessing the status of a species. required. Given that this subspecies PART 224—ENDANGERED MARINE Therefore, the economic analysis occurs entirely outside of U.S. waters, AND ANADROMOUS SPECIES requirements of the Regulatory there will be no federalism impacts Flexibility Act are not applicable to the because listing the subspecies will not ■ 1. The authority citation for part 224 listing process. affect any state programs. continues to read as follows: In addition, this proposed rule is List of Subjects in 50 CFR Part 224 Authority: 16 U.S.C. 1531–1543 and 16 exempt from review under Executive U.S.C 1361 et seq. Order 12866. This proposed rule does Endangered and threatened species, Exports, Imports, Transportation. ■ 2. In § 224.101, amend the table in not contain a collection-of-information paragraph (h), by adding an entry, by Dated: June 20, 2017. requirement for the purposes of the common name, ‘‘Dolphin, Taiwanese Paperwork Reduction Act. Samuel D. Rauch III, humpback’’ under ‘‘Marine Mammals’’ Executive Order 13132, Federalism Deputy Assistant Administrator for in alphabetical order, to read as follows: Regulatory Programs, National Marine In accordance with E.O. 13132, we Fisheries Service. § 224.101 Enumeration of endangered determined that this proposed rule does For the reasons set out in the marine and anadromous species. not have significant Federalism effects preamble, 50 CFR part 224 is proposed * * * * * and that a Federalism assessment is not to be amended as follows: (h) * * *

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

******* MARINE MAMMALS

******* Dolphin, Taiwanese hump- Sousa chinensis Entire subspecies ...... [Insert Federal Register NA NA back. taiwanensis. page where the docu- ment begins], [date of publication when pub- lished as a final rule].

******* 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).

[FR Doc. 2017–13250 Filed 6–23–17; 8:45 am] BILLING CODE 3510–22–P

VerDate Sep<11>2014 16:14 Jun 23, 2017 Jkt 241001 PO 00000 Frm 00026 Fmt 4702 Sfmt 9990 E:\FR\FM\26JNP1.SGM 26JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS