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Department of Commerce Vol. 80 Monday, No. 234 December 7, 2015 Part II Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 Endangered and Threatened Wildlife and Plants; 12-Month Finding for 7 Foreign Species of Elasmobranchs Under the Endangered Species Act; Proposed Rule VerDate Sep<11>2014 18:45 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07DEP2.SGM 07DEP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 76068 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Proposed Rules DEPARTMENT OF COMMERCE DATES: Comments on this proposed rule addresses the findings for 7 of those 27 must be received by February 5, 2016. species: daggernose shark National Oceanic and Atmospheric Public hearing requests must be made (Isogomphodon oxyrhynchus), Brazilian Administration by January 21, 2016. guitarfish (Rhinobatos horkelii), striped ADDRESSES: You may submit comments smoothhound shark (Mustelus 50 CFR Parts 223 and 224 on this document, identified by NOAA– fasciatus), narrownose smoothhound [Docket No. 150909839–5839–01] NMFS–2015–0161, by either of the shark (Mustelus schmitti), spiny angel following methods: shark (Squatina guggenheim), Argentine RIN 0648–XE184 • Electronic Submissions: Submit all angel shark (Squatina argentina), and electronic public comments via the graytail skate (Bathyraja griseocauda). Endangered and Threatened Wildlife Federal eRulemaking Portal. Go to The status of, and relevant Federal and Plants; 12-Month Finding for 7 www.regulations.gov/ Register notices for, the other 20 species Foreign Species of Elasmobranchs #!docketDetail;D=NOAA-NMFS-2015- can be found on our Web site at Under the Endangered Species Act 0161. Click the ‘‘Comment Now’’ icon, http://www.nmfs.noaa.gov/pr/species/ petition81.htm. AGENCY: National Marine Fisheries complete the required fields, and enter We are responsible for determining Service (NMFS), National Oceanic and or attach your comments. • whether species are threatened or Atmospheric Administration (NOAA), Mail: Submit written comments to endangered under the ESA (16 U.S.C. Commerce. NMFS Office of Protected Resources (F/ PR3), 1315 East West Highway, Silver 1531 et seq.). To make this ACTION: Proposed rule; 12-month Spring, MD 20910, USA. determination, we consider first petition finding; request for comments. Instructions: Comments sent by any whether a group of organisms constitutes a ‘‘species’’ under the ESA, SUMMARY: We, NMFS, have completed other method, to any other address or then whether the status of the species comprehensive status reviews under the individual, or received after the end of qualifies it for listing as either Endangered Species Act (ESA) for seven the comment period, may not be threatened or endangered. Section 3 of foreign marine elasmobranch species in considered by NMFS. All comments the ESA defines a ‘‘species’’ to include response to a petition to list those received are a part of the public record ‘‘any subspecies of fish or wildlife or species. These seven species are the and will generally be posted for public viewing on www.regulations.gov plants, and any distinct population daggernose shark (Isogomphodon segment of any species of vertebrate fish oxyrhynchus), Brazilian guitarfish without change. All personally identifying information (e.g., name, or wildlife which interbreeds when (Rhinobatos horkelii), striped mature.’’ On February 7, 1996, NMFS smoothhound shark (Mustelus address, etc.), confidential business information, or otherwise sensitive and the U.S. Fish and Wildlife Service fasciatus), narrownose smoothhound (USFWS; together, the Services) adopted shark (Mustelus schmitti), spiny angel information submitted voluntarily by the sender will be publicly accessible. a policy describing what constitutes a shark (Squatina guggenheim), Argentine distinct population segment (DPS) of a angel shark (Squatina argentina), and NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required taxonomic species (the DPS Policy; 61 graytail skate (Bathyraja griseocauda). FR 4722). The DPS Policy identified two Based on the best scientific and fields if you wish to remain anonymous). elements that must be considered when commercial information available, and identifying a DPS: (1) The discreteness You can find the petition, status review after taking into account efforts being of the population segment in relation to report, Federal Register notices, and the made to protect these species, we have the remainder of the species (or determined that the daggernose shark (I. list of references electronically on our subspecies) to which it belongs; and (2) oxyrhynchus), Brazilian guitarfish (R. Web site at http://www.nmfs.noaa.gov/ the significance of the population horkelii), striped smoothhound shark pr/species/petition81.htm. segment to the remainder of the species (Mustelus fasciatus), and Argentine FOR FURTHER INFORMATION CONTACT: (or subspecies) to which it belongs. As angel shark (S. argentina) meet the Maggie Miller, NMFS, Office of stated in the DPS Policy, Congress definition of an endangered species Protected Resources (OPR), (301) 427– expressed its expectation that the under the ESA. We have determined 8403 or Chelsey Young, NMFS, OPR, Services would exercise authority with that the narrownose smoothhound shark (301) 427–8491. regard to DPSs sparingly and only when (M. schmitti) and spiny angel shark (S. SUPPLEMENTARY INFORMATION: the biological evidence indicates such guggenheim) meet the definition of a Background action is warranted. Based on the threatened species under the ESA. scientific information available we Therefore, we propose to list these six On July 15, 2013, we received a determined that the daggernose shark (I. species under the ESA. Additionally, we petition from WildEarth Guardians to oxyrhynchus), Brazilian guitarfish (R. have determined that the graytail skate list 81 marine species as threatened or horkelii), striped smoothhound shark (B. griseocauda) does not warrant listing endangered under the Endangered (M. fasciatus), narrownose under the ESA at this time. We are not Species Act (ESA). This petition smoothhound shark (M. schmitti), spiny proposing to designate critical habitat included species from many different angel shark (S. guggenheim), Argentine for any of the species proposed for taxonomic groups, and we prepared our angel shark (S. argentina), and graytail listing because the geographical areas 90-day findings in batches by taxonomic skate (B. griseocauda) are ‘‘species’’ occupied by these species are entirely group. We found that the petitioned under the ESA. There is nothing in the outside U.S. jurisdiction, and we have actions may be warranted for 27 of the scientific literature indicating that any not identified any unoccupied areas 81 species and announced the initiation of these species should be further within U.S. jurisdiction that are of status reviews for each of the 27 divided into subspecies or DPSs. currently essential to the conservation species (78 FR 63941, October 25, 2013; Section 3 of the ESA defines an of any of these species. We are soliciting 78 FR 66675, November 6, 2013; 78 FR endangered species as ‘‘any species comments on our proposal to list these 69376, November 19, 2013; 79 FR 9880, which is in danger of extinction six foreign marine elasmobranch February 21, 2014; and 79 FR 10104, throughout all or a significant portion of species. February 24, 2014). This document its range’’ and a threatened species as VerDate Sep<11>2014 18:45 Dec 04, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\07DEP2.SGM 07DEP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Proposed Rules 76069 one ‘‘which is likely to become an Protected Resources Web site (http:// level according to four demographic endangered species within the www.nmfs.noaa.gov/pr/species/ viability factors: Abundance, growth foreseeable future throughout all or a index.htm). These status reviews rate/productivity, spatial structure/ significant portion of its range.’’ We compiled information on each species’ connectivity, and diversity. These interpret an ‘‘endangered species’’ to be biology, ecology, life history, and threats viability factors reflect concepts that are one that is presently in danger of from information contained in the well-founded in conservation biology extinction. A ‘‘threatened species,’’ on petition, our files, a comprehensive and that individually and collectively the other hand, is not presently in literature search, and consultation with provide strong indicators of extinction danger of extinction, but is likely to experts. The draft status review reports risk. become so in the foreseeable future (that (Casselberry and Carlson 2015 a–g) were In conducting the threats assessment, is, at a later time). In other words, the submitted to independent peer we identified and summarized the primary statutory difference between a reviewers and comments and section 4(a)(1) factors that are currently threatened and endangered species is information received from peer operating on the species and their likely the timing of when a species may be in reviewers were addressed and impact on the biological status of the danger of extinction, either presently incorporated as appropriate before species. We also looked for future (endangered) or in the foreseeable future finalizing the draft report. The peer threats (where the impact on the species (threatened). review report is
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