18980 Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices DEPARTMENT OF COMMERCE the common thresher shark (Alopias the species (or subspecies) to which it vulpinus) as threatened or endangered belongs. National Oceanic and Atmospheric under the ESA throughout its entire Section 3 of the ESA defines an Administration range, or, as an alternative, to list 6 endangered species as ‘‘any species which is in danger of extinction [Docket No. 141219999–6234–02] distinct population segments (DPSs) of the common thresher shark, as throughout all or a significant portion of RIN 0648–XD680 described in the petition, as threatened its range’’ and a threatened species as or endangered, and designate critical one ‘‘which is likely to become an Endangered and Threatened Wildlife habitat. On April 27, 2015, we received endangered species within the and Plants; Notice of 12-Month Finding a separate petition from Defenders of foreseeable future throughout all or a on Petitions to List the Common Wildlife to list the bigeye thresher shark significant portion of its range.’’ Thus, Thresher Shark and Bigeye Thresher as threatened or endangered throughout in the context of the ESA, the Services Shark as Threatened or Endangered its range, or, as an alternative, to list any interpret an ‘‘endangered species’’ to be Under the Endangered Species Act identified DPSs, should we find they one that is presently at risk of (ESA) exist, as threatened or endangered extinction. A ‘‘threatened species,’’ on species pursuant to the ESA, and to the other hand, is not currently at risk AGENCY: National Marine Fisheries of extinction, but is likely to become so Service (NMFS), National Oceanic and designate critical habitat. We found that the petitioned actions may be warranted in the foreseeable future. In other words, Atmospheric Administration (NOAA), a key statutory difference between a Commerce. for both species; on March 3, 2015, and August 11, 2015, we published positive threatened and endangered species is ACTION: Notice of 12-month finding and 90-day findings for the common the timing of when a species may be in availability of status review report. thresher (80 FR 11379) and bigeye danger of extinction, either now (endangered) or in the foreseeable future SUMMARY: NMFS has completed thresher (80 FR 48061), respectively, announcing that the petitions presented (threatened). The statute also requires us comprehensive status reviews under the to determine whether any species is Endangered Species Act (ESA) for two substantial scientific or commercial information indicating the petitioned endangered or threatened as a result of species of thresher shark in response to any of the following five factors: The petitions to list those species. These actions of listing each species may be warranted, and explaining the basis for present or threatened destruction, species are the common thresher shark modification, or curtailment of its (Alopias vulpinus) and the bigeye those findings. We also announced the initiation of a status review of both habitat or range; overutilization for thresher shark (Alopias superciliosus). commercial, recreational, scientific, or Based on the best scientific and species, as required by Section 4(b)(3)(a) of the ESA, and requested information educational purposes; disease or commercial information available, predation; the inadequacy of existing including the status review report to inform the agency’s decision on whether the species warranted listing as regulatory mechanisms; or other natural (Young et al., 2015), and after taking or manmade factors affecting its into account efforts being made to endangered or threatened under the ESA. continued existence (ESA, section protect these species, we have 4(a)(1)(A)–(E)). Section 4(b)(1)(A) of the determined that the common thresher Listing Species Under the Endangered ESA requires us to make listing (A. vulpinus) and bigeye thresher (A. Species Act determinations based solely on the best superciliosus) do not warrant listing at scientific and commercial data available this time. We conclude that neither We are responsible for determining after conducting a review of the status species is currently in danger of whether the common and bigeye of the species and after taking into extinction throughout all or a significant thresher sharks are threatened or account efforts being made by any State portion of its range nor likely to become endangered under the ESA (16 U.S.C. or foreign nation or political subdivision so within the foreseeable future. 1531 et seq.). To make this thereof to protect the species. In DATES: This finding was made on April determination, we first consider evaluating the efficacy of existing 1, 2016. whether a group of organisms protective efforts, we rely on the constitutes a ‘‘species’’ under Section 3 ADDRESSES: The status review report for Services’ joint Policy on Evaluation of of the ESA, then whether the status of common and bigeye thresher sharks is Conservation Efforts When Making the species qualifies it for listing as available electronically at: http:// Listing Decisions (‘‘PECE’’; 68 FR 15100; either threatened or endangered. Section www.nmfs.noaa.gov/pr/species/fish/ March 28, 2003) for any conservation 3 of the ESA defines species to include common-thresher-shark.html and http:// efforts that have not been implemented, ‘‘any subspecies of fish or wildlife or www.nmfs.noaa.gov/pr/species/fish/ or have been implemented but not yet plants, and any distinct population bigeye-thresher-shark.html. You may demonstrated effectiveness. segment of any species of vertebrate fish also receive a copy by submitting a or wildlife which interbreeds when Status Review request to the Office of Protected mature.’’ On February 7, 1996, NMFS We convened a team of agency Resources, NMFS, 1315 East-West and the U.S. Fish and Wildlife Service scientists to conduct the status review Highway, Silver Spring, MD 20910, (USFWS; together, the Services) adopted for the common and bigeye thresher Attention: Thresher Shark 12-month a policy describing what constitutes a sharks and prepare a report. The status Finding. DPS of a taxonomic species (61 FR review report of common and bigeye FOR FURTHER INFORMATION CONTACT: 4722). The joint DPS policy identified thresher sharks (Young et al., 2015) Chelsey Young, NMFS, Office of two elements that must be considered compiles the best available information Protected Resources, (301) 427–8491. when identifying a DPS: (1) The on the status of both species as required SUPPLEMENTARY INFORMATION: discreteness of the population segment by the ESA, provides an evaluation of in relation to the remainder of the the discreteness and significance of Background species (or subspecies) to which it populations in terms of the DPS policy, On August 26, 2014, we received a belongs; and (2) the significance of the and assesses the current and future petition from Friends of Animals to list population segment to the remainder of extinction risk for both species, focusing VerDate Sep<11>2014 18:57 Mar 31, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\01APN2.SGM 01APN2 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 63 / Friday, April 1, 2016 / Notices 18981 primarily on threats related to the five abundance, threats, and extinction risk temperate waters (Moreno et al., 1989; statutory factors set forth above. We is attributable to the status review Goldman, 2009). In the North Atlantic, appointed a biologist in the Office of report. However, we have common thresher sharks occur from Protected Resources Endangered independently applied the statutory Newfoundland, Canada, to Cuba in the Species Conservation Division to provisions of the ESA, including west and from Norway and the British undertake a scientific review of the life evaluation of the factors set forth in Isles to the African coast in the east history and ecology, distribution, Section 4(a)(1)(A)–(E), our regulations (Gervelis and Natanson, 2013). Landings abundance, and threats to common and regarding listing determinations, and along the South Atlantic coast of the bigeye thresher sharks. Next, we our DPS policy in making the 12-month United States and in the Gulf of Mexico convened a team of biologists and shark finding determination. are rare. Common thresher sharks also experts (hereinafter referred to as the occur along the Atlantic coast of South Extinction Risk Analysis (ERA) team) to Life History, Biology, and Status of the America from Venezuela to southern conduct extinction risk analyses for Petitioned Species Common Thresher Argentina. In the eastern Atlantic, the both species, using the information in Shark (Alopias vulpinus) common thresher ranges from the the scientific review. The ERA team was Taxonomy and Species Description central coast of Norway south to, and comprised of a fishery management including, the Mediterranean Sea and All thresher sharks belong to the specialist from NMFS’ Highly Migratory down the African coast to the Ivory family Alopiidae, genus Alopias, and Species Management Division, four Coast. They appear to be most abundant are classified as mackerel sharks (Order research fishery biologists from NMFS’ along the Iberian coastline, particularly Lamniformes). Thresher sharks are Southeast, Northeast, Southwest, and during spring and fall. Specimens have recognized by their elongated upper Pacific Island Fisheries Science Centers, also been recorded at Cape Province, and two natural resource management caudal lobe (tail fin) almost equal to its South Africa (Goldman, 2009). In the specialists with NMFS’ Office of body length, which is unique to the Indian Ocean, the common thresher is Protected Resources. The ERA team had Alopiidae family. There are currently found along the east coast of Somalia, group expertise in shark biology and three recognized species of thresher and in waters adjacent to the the ecology, population dynamics, highly shark: common thresher (Alopias Maldive Islands and Chagos migratory species management, and vulpinus), bigeye thresher (Alopias archipelago. The species is also present stock assessment science.