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DEPARTMENT OF COMMERCE information pertaining to these Background petitioned species from any interested On July 15, 2013, we received a National Oceanic and Atmospheric party. In addition to the petitions to list petition from the WildEarth Guardians Administration these species, the petitioner has to list 81 marine species as threatened [Docket No. 140113029–4029–01] requested that we list the coelacanth or endangered under the ESA and to Latimeria menadoensis based on designate critical habitat under the ESA. RIN 0648–XD080 similarity of appearance to Latimeria Copies of this petition are available from chalumnae. If we determine that L. us (see ADDRESSES). This finding Endangered and Threatened Wildlife; chalumnae warrants listing under the 90-Day Finding on a Petition To List 10 addresses 25 of the fish species (10 ESA, we will make a determination on skates and rays and 15 bony fishes) Species of Skates and Rays and 15 the petitioner’s request to list L. Species of Bony Fishes as Threatened identified as part of this petition. The 10 menadoensis based on similarity of skates and rays considered in this or Endangered Under the Endangered appearance at a later date. Species Act finding are: Bathyraja griseocauda DATES: Information and comments on (graytail skate), Dasyatis margarita (ray), AGENCY: National Marine Fisheries the subject action must be received by Electrolux addisoni (ornate sleeper ray), Service (NMFS), National Oceanic and April 25, 2014. Okamejei pita (pita skate), Pastinachus Atmospheric Administration (NOAA), ADDRESSES: You may submit comments, solocirostris (roughnose stingray), Raja Department of Commerce. information, or data on this document, undulata (undulate ray), Rhinobatos ACTION: 90-day petition finding, request identified by the code NOAA–NMFS– cemiculus (blackchin guitarfish), for information. 2014–0021, by any of the following Rhinobatos horkelii (Brazilian methods: guitarfish), Rhinobatos rhinobatos • SUMMARY: We (NMFS) announce a 90- Electronic Submissions: Submit all (common guitarfish/violinfish), and day finding on a petition to list 10 electronic comments via the Federal Trygonorrhina melaleuca (magpie species of skates and rays and 15 eRulemaking Portal. Go to fiddler ray). The 15 bony fishes species of bony fishes as threatened or www.regulations.gov/ considered in this finding are: endangered under the Endangered #!docketDetail;D=NOAA-NMFS-2014- Argyrosomus hololepidotus (Madagascar Species Act (ESA). We find that the 0021, click the ‘‘Comment Now!’’ icon, kob/Madagascar meager), Azurina petition does not present substantial complete the required fields, and enter eupalama (Gala´pagos damsel), scientific or commercial information or attach your comments. • Chaetodontoplus vanderloosi (coral reef indicating that the petitioned action Mail: Submit written comments to fish), Colpichthys hubbsi (Delta may be warranted for five species of Office of Protected Resources, NMFS, silverside), Enneapterygius namarrgon skates and rays: Dasyatis margarita, 1315 East-West Highway, Silver Spring, (lightning man triplefin), Halichoeres Electrolux addisoni, Okamejei pita, MD 20910. socialis (social wrasse), Latimeria Pastinachus solocirostris, and Instructions: Comments sent by any chalumnae (coelacanth/gombessa), Trygonorrhina melaleuca. We find that other method, to any other address or Mycteroperca fusca (comb grouper/ the petition presents substantial individual, or received after the end of island grouper), Mycteroperca jordani scientific or commercial information the comment period, may not be (Gulf grouper), Paraclinus magdalenae indicating that the petitioned action considered by NMFS. All comments (Magdalena blenny), Paraclinus walkeri may be warranted for five species of received are a part of the public record (reef fish), Paralabrax albomaculatus skates and rays: Bathyraja griseocauda, and will generally be posted for public (camotillo), Pterapogon kauderni Raja undulata, Rhinobatos cemiculus, viewing on www.regulations.gov (Banggai cardinalfish), Scarus R. horkelii, and R. rhinobatos. We also without change. All personal identifying trispinosus (greenback parrotfish), and find that the petition does not present information (e.g., name, address, etc.), Tomicodon abuelorum (grandparents substantial scientific or commercial confidential business information, or clingfish). information indicating that the otherwise sensitive information Section 4(b)(3)(A) of the ESA of 1973, petitioned action may be warranted for submitted voluntarily by the sender will as amended (U.S.C. 1531 et seq.), ten species of bony fishes: Argyrosomus be publicly accessible. NMFS will requires, to the maximum extent hololepidotus, Azurina eupalama, accept anonymous comments (enter practicable, that within 90 days of Chaetodontoplus vanderloosi, ‘‘N/A’’ in the required fields if you wish receipt of a petition to list a species as Colpichthys hubbsi, Enneapterygius to remain anonymous), although threatened or endangered, the Secretary namarrgon, Halichoeres socialis, submitting comments anonymously will of Commerce make a finding on whether Paraclinus magdalenae, Paraclinus prevent NMFS from contacting you if that petition presents substantial walkeri, Paralabrax albomaculatus, and NMFS has difficulty retrieving your scientific or commercial information Tomicodon abuelorum. And we find submission. Attachments to electronic indicating that the petitioned action that the petition presents substantial comments will be accepted in Microsoft may be warranted, and to promptly scientific or commercial information Word, Excel, or Adobe PDF file formats publish the finding in the Federal indicating that the petitioned action only. Register (16 U.S.C. 1533(b)(3)(A)). When may be warranted for five species of Copies of the petition and related we find that substantial scientific or bony fishes: Latimeria chalumnae, materials are available upon request commercial information in a petition Mycteroperca fusca, Mycteroperca from the Director, Office of Protected indicates the petitioned action may be jordani, Pterapogon kauderni, and Resources, 1315 East West Highway, warranted (a ‘‘positive 90-day finding’’), Scarus trispinosus. Therefore, we will Silver Spring, MD 20910, or online at: we are required to promptly commence conduct a status review of the 10 http://www.nmfs.noaa.gov/pr/species/ a review of the status of the species species of skates and rays and bony petition81.htm. concerned, which includes conducting a fishes to determine if the petitioned FOR FURTHER INFORMATION CONTACT: comprehensive review of the best action is warranted. To ensure that the Marta Nammack, Office of Protected available scientific and commercial status review is comprehensive, we are Resources, 301–427–8469. information. Within 12 months of soliciting scientific and commercial SUPPLEMENTARY INFORMATION: receiving the petition, we must

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conclude the review with a finding as to regarding the status of the species over age structure, sex ratio, diversity, whether, in fact, the petitioned action is all or a significant portion of its range; current and historical range, habitat warranted. Because the finding at the and (4) is accompanied by the integrity or fragmentation), and the 12-month stage is based on a appropriate supporting documentation potential contribution of identified significantly more thorough review of in the form of bibliographic references, demographic risks to extinction risk for the available information, a ‘‘may be reprints of pertinent publications, the species. We then evaluate the warranted’’ finding at the 90-day stage copies of reports or letters from potential links between these does not prejudge the outcome of the authorities, and maps (50 CFR demographic risks and the causative status review. 424.14(b)(2)). impacts and threats identified in section Under the ESA, a listing At the 90-day stage, we evaluate the 4(a)(1). determination may address a species, petitioner’s request based upon the Information presented on impacts or which is defined to also include information in the petition including its threats should be specific to the species subspecies and, for any vertebrate references, and the information readily and should reasonably suggest that one species, any DPS that interbreeds when available in our files. We do not conduct or more of these factors may be mature (16 U.S.C. 1532(16)). A joint additional research, and we do not operative threats that act or have acted NMFS–U.S. Fish and Wildlife Service solicit information from parties outside on the species to the point that it may (USFWS) (jointly, ‘‘the Services’’) policy the agency to help us in evaluating the warrant protection under the ESA. (DPS Policy) clarifies the agencies’ petition. We will accept the petitioner’s Broad statements about generalized interpretation of the phrase ‘‘distinct sources and characterizations of the threats to the species, or identification population segment’’ for the purposes of information presented, if they appear to of factors that could negatively impact listing, delisting, and reclassifying a be based on accepted scientific a species, do not constitute substantial species under the ESA (61 FR 4722; principles, unless we have specific information that listing may be February 7, 1996). A species, information in our files that indicates warranted. We look for information subspecies, or DPS is ‘‘endangered’’ if it the petition’s information is incorrect, indicating that not only is the particular is in danger of extinction throughout all unreliable, obsolete, or otherwise species exposed to a factor, but that the or a significant portion of its range, and irrelevant to the requested action. species may be responding in a negative ‘‘threatened’’ if it is likely to become Information that is susceptible to more fashion; then we assess the potential endangered within the foreseeable than one interpretation or that is significance of that negative response. future throughout all or a significant contradicted by other available Many petitions identify risk portion of its range (ESA sections 3(6) information will not be dismissed at the classifications made by non- and 3(20), respectively, 16 U.S.C. 90-day finding stage, so long as it is governmental organizations, such as the 1532(6) and (20)). Pursuant to the ESA reliable and a reasonable person would International Union for Conservation of and our implementing regulations, we conclude that it supports the Nature (IUCN), the American Fisheries determine whether species are petitioner’s assertions. Conclusive Society, or NatureServe, as evidence of threatened or endangered based on any information indicating the species may extinction risk for a species. Risk one or a combination of the following meet the ESA’s requirements for listing classifications by other organizations or five section 4(a)(1) factors: the present is not required to make a positive 90- made under other Federal or state or threatened destruction, modification, day finding. We will not conclude that statutes may be informative, but such or curtailment of habitat or range; a lack of specific information alone classification alone may not provide the overutilization for commercial, negates a positive 90-day finding, if a rationale for a positive 90-day finding recreational, scientific, or educational reasonable person would conclude that under the ESA. For example, as purposes; disease or predation; the lack of information itself suggests an explained by NatureServe, their inadequacy of existing regulatory extinction risk of concern for the species assessments of a species’ conservation mechanisms; and any other natural or at issue. status do ‘‘not constitute a manmade factors affecting the species’ To make a 90-day finding on a recommendation by NatureServe for existence (16 U.S.C. 1533(a)(1), 50 CFR petition to list a species, we evaluate listing under the U.S. Endangered 424.11(c)). whether the petition presents Species Act’’ because NatureServe ESA-implementing regulations issued substantial scientific or commercial assessments ‘‘have different criteria, jointly by NMFS and USFWS (50 CFR information indicating the subject evidence requirements, purposes and 424.14(b)) define ‘‘substantial species may be either threatened or taxonomic coverage than government information’’ in the context of reviewing endangered, as defined by the ESA. lists of endangered and threatened a petition to list, delist, or reclassify a First, we evaluate whether the species, and therefore these two types of species as the amount of information information presented in the petition, lists should not be expected to that would lead a reasonable person to along with the information readily coincide’’ (http://www.natureserve.org/ believe that the measure proposed in the available in our files, indicates that the prodServices/statusAssessment.jsp). petition may be warranted. When petitioned entity constitutes a ‘‘species’’ Thus, when a petition cites such evaluating whether substantial eligible for listing under the ESA. Next, classifications, we will evaluate the information is contained in a petition, we evaluate whether the information source of information that the we must consider whether the petition: indicates that the species at issue faces classification is based upon in light of (1) Clearly indicates the administrative extinction risk that is cause for concern; the standards on extinction risk and measure recommended and gives the this may be indicated in information impacts or threats discussed above. scientific and any common name of the expressly discussing the species’ status With respect to the 25 fish species species involved; (2) contains detailed and trends, or in information describing discussed in this finding, the petitioner narrative justification for the impacts and threats to the species. We relies almost exclusively on the risk recommended measure, describing, evaluate any information on specific classifications of the IUCN as the source based on available information, past and demographic factors pertinent to of information on the status of each present numbers and distribution of the evaluating extinction risk for the species petitioned species. All of the petitioned species involved and any threats faced at issue (e.g., population abundance and species are listed as ‘‘endangered’’ or by the species; (3) provides information trends, productivity, spatial structure, ‘‘critically endangered’’ on the IUCN

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Redlist, and the petitioner notes this as to moisten it while maintaining the petition. The petitioner also an explicit consideration in offering visibility). requested that we list Latimeria petitions on these species. Species Most species have enlarged, thorn-like menadoensis based on similarity of classifications under the IUCN and the dermal denticles (structurally appearance (ESA section 4(e)). ESA are not equivalent, and the data homologous with vertebrate teeth) on The Order Gobiesociformes includes standards, evaluation criteria, and the skin, often with a row of large fishes with no scales on their heads or treatment of uncertainty are also not denticles along the spine. The pectoral bodies, 5 to 7 branchiostegal rays, and necessarily the same. Thus, we instead fins are large but not clearly demarcated no swim bladder. Tomicodon consider the information on threats from the body, and together with the abuelorum, or the grandparents identified by the petitioners, as well as body are known as the disc. They start clingfish, is the one species of this order the data on which they are based, as from the side of the head in front of the (Family Gobiosocidae) included in the they pertain to each petitioned species. gill openings and end at the caudal petition. peduncle (narrow part of a fish’s body Finally, the Order Perciformes is a Species Descriptions to which the caudal or tail fin is diverse order with many families, and it Fishes exhibit enormous diversity in attached). There are up to two dorsal includes fishes with 2 dorsal fins and their morphology, in the habitats they fins but no anal fin. There is a slender with spines in the fins. The twelve occupy, and in their biology, and they tail clearly demarcated from the disc. Perciformes included in this petition include a vast array of distantly related The caudal fin varies in size between belong to nine families: (1) Apogonidae: vertebrates, including hagfish, lamprey, species and the rays have a whip-like Pterapogon kauderni, or Banggai lungfish, and flatfish (Nelson, 1976). Of tail with no caudal fin. cardinalfish; (2) Labridae: Halichoeres socialis, or social wrasse; (3) the 81 species or populations petitioned Rajiformes are found throughout the world’s oceans, from Arctic and Labrisomidae: Paraclinus magdalenae, for listing, 50 are fishes: 3 hagfishes of Antarctic waters, from shallow coastal or Magdalena blenny; and Paraclinus the Order Myxiniformes; 32 shelves, open seas and abyssal regions. walkeri, or reef fish; (4) Pomacanthidae: cartilaginous fishes (15 sharks of the A few are found in rivers and some in Chaetodontoplus vanderloosi, or coral Order Lamniformes, 7 sharks of the estuaries but most are marine, living reef fish; (5) Pomacentridae: Azurina Order Squaliformes, and 10 skates and near the seabed at depths down to 3,000 eupalama, or Gala´pagos damsel; (6) rays of the Order Rajiformes); and 15 m or more. Scaridae: Scarus trispinosus, or bony fishes (1 of the Order In most rajoids, water for breathing is greenback parrotfish; (7) Scianidae: Coelacanthiformes, 1 of the Order taken in through the spiracles rather Argyrosomus hololepidotus, or Atheriniformes, 12 of the Order than through the mouth and exits Madagascar kob; (8) Serranidae: Perciformes, and 1 of the Order through the gill slits. Most species swim Mycteroperca fusca, or comb grouper/ Gobiesociformes). We have already by undulating their enlarged pectoral island grouper; Mycteroperca jordani, or published 90-day findings for the fins, but the guitarfish propel Gulf grouper; and Paralabrax hagfishes (78 FR 66676; November 6, themselves through the water with albomaculatus, or camotillo; and (9) 2013) and sharks (78 FR 69376; sideways movements of their tail and Tripterygiidae: Enneapterygius November 19, 2013), so this finding will caudal fin. Most species are carnivores namarrgon, or lightning man triplefin. describe our analysis of the petitioned feeding on molluscs and other rays and bony fishes. Analysis of the Petition invertebrates on the seabed, and small Skates and Rays fish. Some species are viviparous, others The petition clearly indicates the ovoviviparous (both giving birth to live administrative measure recommended The 10 petitioned species of skates young), but the skates lay eggs in horny and gives the scientific and common and rays belong to the Order Rajiformes cases known as mermaid’s purses. Most names of the species involved. Based on (Rajoids) and are in the following five species are benthic, resting on the sandy the information presented in the families: Arhynchobatidae (softnose or muddy seabed, sometimes undulating petition, along with the information skates, 1 species: Bathyraja griseocauda, their pectoral fins to stir up sediment readily available in our files, we find or graytail skate), Dasyatidae (stingrays, and bury themselves shallowly. that each of the 25 petitioned species 2 species: Dasyatis margarita, or daisy constitutes a valid ‘‘species’’ eligible for stingray; Pastinachus solocirostris, or Bony Fishes listing under the ESA as each is roughnose stingray), Narkidae (sleeper The 15 petitioned species of bony considered a valid taxonomic species rays, 1 species: Electrolux addisoni, or fishes belong to four orders: (though, as the petitioner notes, there is ornate sleeper ray), Rajidae (skates, 2 Atheriniformes (1 species), a possibility that, with more species: Okamejei pita, or Pita skate; Coelacanthiformes (1 species), information, Trygonorrhina melaleuca Raja undulata, or undulate ray), and Gobiesociformes (1 species), and could be a mutant form of Rhinobatidae (guitarfishes, 4 species: Perciformes (12 species). Trygonorrhina fasciata, the southern Rhinobatos cemiculus, or blackchin The Order Atheriniformes includes fiddler ray). With the exception of guitarfish; Rhinobatos horkelii, or fishes with dorsal, anal, and pelvic fins Mycteroperca jordani, which occurs off Brazilian guitarfish; Rhinobatos placed far back on the body, no spines southern California, as well as in the rhinobatos, or common guitarfish; in fins, a single dorsal fin, and pelvic Gulf of California, the petitioned fishes Trygonorrhina melaleuca, or magpie fins with 6 rays. Colpichthys hubbsi, or are found exclusively in foreign waters. fiddler ray). The Order Rajiformes the Delta silverside, is the one species The petition contains a narrative includes skates and rays with a dorso- of this order (Family Atherinopsidae) justification for the recommended ventrally flattened body, five ventral gill included in the petition. measures and provides limited openings, eyes and well-developed The Order Coelacanthiformes information on the species’ geographic spiracles on top of the head, and no anal includes fishes with external nostrils distribution, habitat, and threats. For the fin or nictitating membrane (a and a caudal fin consisting of 3 lobes. skates and rays, little information is transparent or translucent third eyelid Latimeria chalumnae, or the coelacanth/ provided regarding the ten species’ past present in some animals that can be gombessa, is the one species of this or present numbers, or population status drawn across the eye for protection and order (Family Latimeriidae) included in and trends for all or a significant portion

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of the species’ ranges. For some of the unregulated or under-regulated and international trade of any of the bony fishes, some past and present often uses unsustainable practices such petitioned skates and rays is presented relative abundance data and provisional as targeting pregnant females at in the petition or available to us, though abundance data are provided. predictable aggregations. The petition the petition states, ‘‘skate landings have Supporting documentation is provided, states that at least some of the petitioned been increasing considerably in mainly in the form of IUCN species species are subject to recreational Argentina due to international assessments. We had no information in fishing. demand,’’ and we do not have any our files for any of the petitioned skates The petition states that no information in our files regarding direct and rays, but did have some limited conservation measures are in place for harvest of these skate and ray species. information on one of the bony fishes, nearly all of the petitioned skates and Lastly, the petition asserts that the ten Pterapogon kauderni (Banggai rays and that ESA listings are needed to skate and ray species are threatened as cardinalfish). A synopsis of our analysis prevent their extinction. It notes that a result of their K-selected strategy of the information provided in the several fisheries limit catch or effort on (large size, low productivity, late age at petition and readily available in our petitioned rays and skates (e.g., maturity) because they are currently files is provided below. Following the Bathyraja griseocauda), but that these experiencing the type of rapid, chaotic format of the petition, we first discuss limitations are often ignored, change that makes their K-selected life the introductory information presented unmonitored, or based on insufficient history pattern a liability. The life for each group of species and then stock status assessments. It also states history strategy of a species is an discuss the species-specific information. that two marine reserves (Banc d’Arguin important factor to consider when in Mauritania, and Marine Protected evaluating a species’ risk of extinction; Threats to the Skates and Rays Areas (MPAs) in the Bijagos however, it does not by itself indicate The ten skate and ray species archipelago, the PNO marine reserve, the likelihood of extinction of that petitioned for listing are currently listed and the PNMJVO marine reserve in species, nor does it constitute as either ‘‘endangered’’ or ‘‘critically Guinea-Bissau) that cover a portion of substantial information that listing endangered’’ on the IUCN Red List. The the range of two Rhinobatoid species do under the ESA may be warranted. To petition asserts that these species are not provide sufficient protection determine whether listing of such a being threatened with extinction by four because, despite a ban on targeted species may be warranted, there must of the five ESA section 4(a)(1) factors— elasmobranch fishing in the first, and a also be substantial information habitat destruction, overutilization, prohibition on commercial fishing in indicating it is both exposed to and inadequacy of regulatory mechanisms, the second, fishing for other species still responding in a negative fashion to a and natural factors—which we discuss occurs, resulting in bycatch. Also, the threat such that the species may be in turn below. petition asserts that under-enforcement threatened with extinction. In terms of habitat destruction, the is a problem, and no information exists Overall, the broad statements and petition focuses on human population on the efficacy of these MPAs. We do generalizations of threats for all growth and associated consequences not necessarily consider a lack of petitioned skate and ray species do not (e.g., pollution, rapid coastal species-specific protections a threat to constitute substantial information development, climate change) as the the particular species. For example, indicating that listing may be warranted main drivers of the destruction of skate management measures that regulate for any of the petitioned species. There and ray habitat. The petition states, other species, activities (e.g., is little information in this introductory ‘‘Increased economic growth in coastal commercial fisheries), or areas may section indicating that particular cities is a major cause of ocean habitat indirectly function to minimize threats petitioned species may be responding in destruction’’ and ‘‘Climate change is to the petitioned species. As stated a negative fashion to any of the expected to further magnify these previously, we look for substantial discussed threats. While some of the coastal pollution problems.’’ Some of information indicating that not only is information in this introductory section the associated consequences of human the particular species exposed to a suggests concern for the status of many population growth are discussed factor, but that the species may be marine species generally, its broadness, further; however, specific information to responding in a negative fashion; then generality, and/or speculative nature, link these general threats to skate and we assess the potential significance of and the failure of the petitioner to make ray habitats or impacts to skate and ray that negative response. logical and reasonable connections to habitat is lacking. For example, the The petition specifically points to the the status of the individual petitioned petition discusses the increase in the lack of a listing under CITES (the species means that we cannot find that number and size of ‘‘dead zones’’ (i.e., Convention on International Trade in this information reasonably suggests areas of very low levels of dissolved Endangered Species of Wild Fauna and that one or more of these threat factors oxygen) worldwide, but no information Flora) for any of these species as a threat may be operative threats that act or have is provided to indicate whether and to to the petitioned skates and rays. We acted on any of the petitioned species to what extent any dead zones overlap agree with the statement in the petition the point that it may warrant protection with or affect the habitats of the that the absence of a CITES listing for under the ESA. We will consider the petitioned species. a given species is not evidence that the few instances in the introductory In terms of overutilization, the same species does not warrant the section that specifically link threats to a petition asserts that both bycatch and protections of the ESA. However, we particular petitioned skate or ray species commercial harvest present threats to find nothing to substantiate the in our discussion of threats to that the ten skates and rays petitioned for statement in the petition that ‘‘. . . the particular species. Information for each listing under the ESA. Some absence of CITES listing is problematic’’ species is from the IUCN assessment information is presented on the extent for the ten skate and ray species. CITES cited in the petition for that species, of harvest and bycatch of some of the is a tool to manage and regulate unless otherwise noted, and we cite that ten skate and ray species. The fate of by- international trade in situations where IUCN assessment in the first sentence of caught skates and rays is not discussed. trade has been identified as a threat to each species account below. References The petition notes that fishing that the particular species’ survival in the cited in the IUCN assessments are also negatively affects these species is often wild. No specific information on cited below; however, many of these

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references were not available for us to not move if they needed to find cooler initially operated over two main areas, review, and, therefore, these were taken habitat. one located on the shelf edge to the at face value. We searched, but we The petitioner asserts that the main north of the Islands, and the other to the found no information in our files on any threat to this species is fishing. In south of the Islands. The petitioner and of the petitioned skate and ray species. Argentina, skate landings have been the IUCN assessment assert that this increasing considerably because of species was the dominant species of Bathyraja griseocauda international demand. ‘‘Prior to 1994, skate caught by finfish and ray-licensed According to the petitioner and the skate captures were less than 1,000 t[ons vessels in 1993, especially in a ray ‘‘hot IUCN assessment for B. griseocauda, annually], however, since that year spot’’ to the south of the Islands where this benthic species occurs in the skate landings [have] increased it comprised around 70 percent of the Southwest Atlantic, off Argentina and considerably, reaching’’ more than catch (Agnew et al., 2000). However, the Falkland/Malvinas Islands, and in 17,000 tons in 2003 (Massa et al., 2004). they go on to state that the proportion the Southeast Pacific, off Chile B. griseocauda is a regular bycatch in of the catch comprising B. griseocauda (McCormack et al., 2012). It is a large (at bottom trawl fisheries for bony fishes. in the southern Falklands catch had least to 156 cm total length (TL)), The petitioner stated that ‘‘Catches have fallen to around 5 percent by 1993. They oviparous, slow growing, late maturing been so high that there was a 15–59% state that the proportion of this species (around 15 years of age (Agnew et al., decline in the biomass of the Graytail in catches north of the Islands also fell. ° ° 2000)) skate that occurs at depths Skate captured between 45 and 55 S Since they elaborate that total catches of between 82 and 941 m in the Southwest just from 1998 to 1999,’’ but this the species fell from around 1,500 t to Atlantic (Menni and Stehmann, 2000) appears to combine B. griseocauda catch around 100 t between 1993 and 1995 in and 137 and 595 m off Chile (J. Lamilla in the fishery-independent the south, and from over 1,000 t to pers. comm., 2006). Size at maturity has investigations for hake with captures of around 250 t in the northern areas been estimated at around 120 cm TL for rays by the deep sea fishing fleet, which between 1993 and 1997 (Agnew et al., males (citing Stehmann et al., unpubl. isn’t appropriate. McCormack et al. 2000), we can only guess that they data). It has a very low tolerance for (2007) actually stated that, during meant to say that the proportion of the changes in water temperature and water fishery-independent investigations for catch comprising B. griseocauda in the salinity levels (Figueroa et al., 1999). hake (Merluccius hubbsi) and other southern Falklands catch had fallen to During research trawls around the species, Garcia de la Rosa et al. (2000) around 5 percent by 1995. The mean Falkland/Malvinas Islands, B. reported a 59 percent decline in the disc width of B. griseocauda also biomass of B. griseocauda captured from griseocauda were more abundant in ° ° decreased from 52.18 cm in 1993 to deeper trawls (200 and 350 m) and 45 S to 55 S from 1998 to 1999; they 38.08 cm in 1997. Following declines in formed only a small part of the catch in acknowledged, however, that during the the early 1990s, the southern fishing shallow trawls (150 m) (Wakeford et al., second phase of the investigations, new area (south of 52°S) was closed to the 2004). Length frequency data for gear was used which likely reduced the ray fleet in 1996. An assessment of the individuals captured around the capture of rays. The petitioner failed to northern ray population indicated that Falkland/Malvinas Islands showed that note this change in gear, which makes the catch-per-unit-effort (CPUE) of this all sizes of B. griseocauda were present, the 59 percent decline estimate species declined from 100 kg/hr to less with smaller individuals found in unreliable. McCormack et al. (2007) also than 50 kg/hr from 1992 to 2001, but the stated that captures of rays by the deep deeper water (Wakeford et al., 2004). petition failed to note that data quality sea fishing fleet decreased by around 15 There is no evidence for large spatial or was relatively poor and, because the percent from 1998 to 1999 (Garcı´a de la temporal movements, and the data had to be grouped into discrete Rosa et al., 2000). It is not clear how the population off the Falkland/Malvinas time periods rather than as a continuous petitioner came up with the 15–59 Islands may complete its entire life variable, this low level of precision percent decline range for graytail skate, cycle within Falkland Island waters should be taken into consideration (D. since the 15 percent figure seems to (Wakeford et al., 2005). Small Wakeford pers. comm., 2006). No apply to catches of all ray species. B. individuals feed opportunistically on studies have been conducted to griseocauda is also taken in the benthic isopods, and larger specimens determine the abundance of this species Dipturus chilensis directed skate fishery in the southern area since the skate are predominantly piscivorous on off Argentina, which currently Patagonotothen ramsayi. comprises a single vessel. The petitioner fishery closure, but it is still caught as Population size of B. griseocauda is noted that, at greater depths, B. bycatch by finfish trawlers that operate unknown, though decreases have been griseocauda comprised up to 18 percent around the Falkland/Malvinas Islands detected around the Falkland Islands of the processed catch in this fishery and within the closure area. While these (Agnew et al., 2000; Wakeford et al., (Colonello et al., 2002); however, the trawlers cannot target rajids, a small 2004). petition failed to mention that species- bycatch (below 10 percent) is allowed. The petitioner asserts that rising specific bycatch data are not generally Despite the problems associated with ocean temperatures, coupled with the collected for this fishery. While this the information presented in the species’ low tolerance for changes in likely means that the actual catch of B. petition, the likely decline in catches water temperature and water salinity griseocauda was greater than stated in and the decrease in mean disc width levels and seeming inability to move to the petition, without estimates of total discussed above may contribute to the new areas, could mean that all of its catch size from the single vessel or extinction risk of B. griseocauda. current habitat will be unsuitable in the biomass of B. griseocauda in this region, This species is also taken in the near future as anthropogenic climate we cannot determine whether this catch directed skate fishery off Chile, which change progresses and continues to heat level is enough to cause the species to primarily targets Dipturus chilensis but the ocean. However, the information be at a significant risk of extinction. also lands other skate species. Of the six provided is speculative, and the fact This species is also taken in the rajids caught in this fishery, B. that there is no evidence of large spatial multispecies skate trawl fishery around albomaculata, B. brachyurops, B. or temporal movements for this species the Falkland/Malvinas Islands, griseocauda, and Rajella sadowskii does not mean that individuals could operating since 1989. The fishery make up 5 percent (Lamilla et al., 2001,

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2002). Overall biomass of the target the lack of species-specific reporting information on the level of development species (D. chilensis and D. result in insufficient protection for B. in the area, the amount of chemicals trachydermus) has declined by 51 griseocauda, especially for a species entering the waters off West Africa, or percent since fishing began in 1979 that should not be targeted. Because the evidence that the species is responding (Quiro´z, 2005), so the petition argues information in the petition indicates in a negative fashion to this threat. that declines are thus also likely to have that B. griseocauda catches have Citing the IUCN assessment, the occurred for bycatch species. However, declined and mean disc width has petitioner states that fishing pressure the petitioner has not provided any decreased in the Falkland/Malvinas mainly by artisanal and small scale information on catchability of the target Islands, inadequate regulatory commercial fisheries using trammel species compared to catchability of B. mechanisms in this region may be nets, bottom trawls, and beach seines griseocauda to support such an negatively impacting this species. (Stehmann, 1981) within its limited assumption. B. griseocauda is also taken The petitioner asserts that the late range is the main threat to Dasyatis as bycatch in the artisanal Patagonian maturation of B. griseocauda, coupled margarita, as inshore rays are toothfish longline fishery operating at with evidence of drastically decreasing particularly susceptible to a wide range depths of 300 to 2,500 m between average size and numbers, indicates that of fishing gear, and this species is Iquique (20°S) and Ladrillero Gulf mature individuals are being removed at targeted and marketed for human (49°S) (Lamilla, 2003). It is not clear a rate faster than they are being consumption. However, the petitioner from this information what impact this replenished, and that this is another provides no additional information, fishery has on B. griseocauda because threat to its continued existence. references, or data on these fisheries, no data on abundance or catch are Based on the best available such as their areas of operation or data provided. information, we find that the threats of on catch and bycatch. It is unclear how Some regulatory mechanisms are in overutilization by fisheries, inadequate the petitioner came to the conclusion place within the range of B. existing regulatory mechanisms, and that these fisheries are negatively griseocauda. In Argentine waters, total other natural factors may be impacting affecting the abundance of D. margarita. allowable catches, minimum sizes, and B. griseocauda to a degree that raises The petitioner also notes that there are overall annual quotas are used for concerns of a risk of extinction, with no specific conservation measures in managing numerous elasmobranch significant population decline in the place to protect this species. Finally, the species, but little attention is paid to Falkland/Malvinas Islands. We petitioner notes that this species is at these, and there is no regular monitoring conclude that the petition presents increased risk of extinction because it is by authorities. The petitioner states that substantial scientific information a K-selected species. in Chile, an annual quota for Dipturus indicating that the petitioned action of As stated previously, broad spp. has been in place since 2005. The listing B. griseocauda as threatened or statements about generalized threats or petitioner also notes that there is a endangered may be warranted. identification of factors that could seasonal fishery closure for the entire Dasyatis margarita negatively impact a species do not Chilean coast between December 1 and constitute substantial information that February 28 to protect the reproductive According to the petitioner and the listing may be warranted. We look for season of Dipturus spp., but it is IUCN assessment for D. margarita, this substantial information within the unknown whether this latter measure tropical species is endemic to the petition and within our own files also protects the reproductive season of eastern-central and southeast Atlantic indicating that not only is the particular B. griseocauda. However, as discussed along the West African coast from species exposed to a certain factor, but above, there is no reliable information Senegal to Congo (Compagno and that the species may be responding in a presented in the petition to suggest that Marshall, 2009). Records from outside negative fashion, and then we assess the B. griseocauda may be at risk of this range (from Angola to Mauritania potential significance of that negative extinction in Argentina or in Chile. As and the Canary Islands) may be based response. We had no information on D. we have stated above, we look for on D. margaritella, which has been margarita or threats to the species in our substantial information indicating that confused with this species. As a result, own files. After evaluating the species- not only is the particular species this distribution of D. margarita may specific information presented in the exposed to a factor, but that the species prove to be smaller than described here petition, we find that the petition does may be responding in a negative (Compagno and Roberts, 1984). Its life not present substantial scientific or fashion; then we assess the potential history and biology are largely commercial information indicating that significance of that negative response. unknown, other than it is listing may be warranted for D. The Falkland/Malvinas Islands ovoviviparous, with 1–3 pups per litter, margarita. multispecies skate fishery is managed and it has a reported maximum size of by limiting fishing effort, but limits are 100 cm disc width (Stehmann, 1981). Its Pastinachus solocirostris not based on species-specific population size is unknown, though According to the petitioner and the information. All licensed vessels are according to the petitioner and the IUCN assessment for P. solocirostris, required to provide daily catch and IUCN assessment, catches by local this species is endemic to the western- effort details, including discards of fishers have declined recently, with the central Pacific and known only from commercial and non-commercial species now reportedly uncommon in Malaysian Borneo and Indonesia. species to the Falkland Island Fisheries catches. (Fahmi et al., 2009). It occurs primarily Department; however, there is no The petitioner asserts that habitat in mangrove estuaries and turbid coastal requirement to report species-specific modification and degradation from marine habitats. While it most information. Vessels fishing under agricultural chemicals and light commonly occurs in very shallow water general finfish licenses are prohibited industry development are negatively at less than 10 m depth, it has been from targeting skates, although a small impacting this species in some areas of recorded as deep as 30 m. The only bycatch below 10 percent is allowed its range. However, neither the IUCN pregnant female observed to date (Agnew et al., 2000). The petitioner assessment nor the petition provides contained only one pup, suggesting low contends that the regulations’ focus on any supporting information (or fecundity. The size at birth is about 22– fishing effort instead of catch limits and references) for this statement, such as 23 cm disc width, with maximum size

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at maturity at least 72 cm disc width. Its constitute substantial information that beach utilization, shark netting, and population size and population trend listing may be warranted. We look for extensive pollution and habitat are unknown. substantial information within the degradation of inshore environments. The petitioner contends that, because petition and within our own files As stated previously, broad statements this species is known to be associated indicating that not only is the particular about generalized threats or with mangrove habitat in very shallow species exposed to a certain factor, but identification of factors that could water, it is highly vulnerable to that the species may be responding in a negatively impact a species do not destruction of this habitat. Extensive negative fashion, and then we assess the constitute substantial information that areas of mangrove forest have been lost potential significance of that negative listing may be warranted. We look for in Indonesia (1,300,000 hectares from response. We had no information on P. substantial information within the 1980 to 2005) and Malaysia (110,000 solocirostris or threats to the species in petition and within our own files hectares from 1980 to 2005) through our own files. After evaluating the indicating that not only is the particular conversion of land for shrimp farms, species-specific information presented species exposed to a certain factor, but excessive logging, urban development, in the petition, we find that the petition that the species may be responding in a and, to a lesser extent, conversion of does not present substantial scientific or negative fashion, and then we assess the land to agriculture or salt pans (FAO, commercial information indicating that potential significance of that negative 2007). Indonesia and Malaysia, listing may be warranted for P. response. No such information was therefore, have lost more than 30 solocirostris. provided in the petition. percent of its combined overall The petitioner asserts that the limited mangrove area in 25 years. However, the Electrolux addisoni removals for scientific purposes and petitioner does not provide information According to the petitioner and the potential harassment and disturbance by on the location of the mangrove loss, IUCN assessment for E. addisoni, this divers of this species are a threat to a and the species is known to also occur conspicuous species is restricted to species that is so rare. However, while in non-mangrove habitat in deeper ‘‘sandy patches of very limited inshore the condition of being rare is an water up to 30 m. Further, Malaysia has reef habitat off Eastern Cape and important factor to consider when a very long tradition of sustainable KwaZulu-Natal coasts of South Africa evaluating a species’ risk of extinction, management, plantation and (Compagno, 2009).’’ It is known from it does not by itself indicate the afforestation programs in mangroves, only five localities from dive sites likelihood of extinction of that species, and other protection plantation (Coffee Bay, Eastern Cape; Manaba nor does the condition of being rare activities are being undertaken in Beach, the type locality near Margate, S. constitute substantial information that Indonesia (FAO, 2007). As with other Africa; Protea Banks, near Margate; listing under the ESA may be warranted. species accounts, the petitioner also Aliwal Shoal; Tee Barge north of Durban To determine whether listing of a rare cites Zamora-Arroyo et al. (2005) to off Virginia Beach), and it occurs in 50 species may be warranted, there must support its assertion that, ‘‘[i]n the case m or less depth. Manaba Beach is the also be substantial information of habitat destruction resulting from only place where it has been seen on indicating the rare species is both coastal development, the severity of more than one occasion, and it is likely exposed to and responding in a negative impacts is high with low reversibility.’’ restricted to a range of less than 10 km2. fashion to a threat such that the species According to the petitioner, the other It occurs in warm-temperate or may be threatened with extinction. The major threat to P. solocirostris is subtropical waters along a very narrow petitioner did not provide such overfishing by local fisheries, as its continental shelf in subtidal information. restricted range and habitat have been environments in sandy and gravely The petitioner also notes that there heavily exploited during recent decades. patches on rocky reefs. It is the largest are no known conservation measures for This species is targeted, along with known member of the family Narkidae, this species, and that the species’ other rays, using bottom longlines in with adult males measuring 50–52 cm limited range (10 km2 or less) makes it Indonesia, and it is also caught TL. Only adult males have been vulnerable to localized stochastic occasionally by bottom trawl and collected to date. It feeds on infauna or events. While a very small range may demersal gillnet fisheries operating off meiofauna and lies motionless when not increase the extinction risk of a species, Sumatra and Borneo (White et al., feeding. When threatened by predators we do not consider this factor alone to 2006). The petitioner notes that the level (mainly large sharks), it arches its back constitute substantial information of exploitation on its shallow water and curls its disk and raises its tail. It indicating that listing under the ESA habitat is very high and it is considered has electric organs. This species is may be warranted. There must be to be at a very high level of threat apparently very rare, with few additional information to indicate that throughout its range. However, the confirmed records from 1984 to present. the species may be exposed to and petitioner provides no additional It may be more wide-ranging than respond in a negative fashion to a threat. information, references, or data on these presently known, but offshore and We had no information on E. addisoni fisheries, such as their areas of inshore areas on the east coast of South or threats to the species in our own files. operation or data on catch and bycatch. Africa have been relatively well After evaluating the species-specific It is unclear how the petitioner came to sampled. Its population size and trend information presented in the petition, the conclusion that these fisheries are are unknown. we find that the petition does not negatively affecting the abundance of P. The petitioner asserts that this species present substantial scientific or solocirostris. The petitioner asserts that is possibly threatened by pollution and commercial information indicating that no conservation measures are currently habitat degradation in its very limited listing may be warranted for E. addisoni. in place for this species, and that this range, as it occurs on a heavily utilized appears to be a low fecundity species, narrow strip of habitat with heavy and Okamejei pita making it more vulnerable to extinction. increasing human utilization including According to the petitioner and the As stated previously, broad recreational diving and sport and IUCN assessment for O. pita, this statements about generalized threats or commercial fishing, runaway coastal species is endemic to the western Indian identification of factors that could housing development, boating, Ocean and is known from only one negatively impact a species do not commercial shipping, holiday-making, confirmed female specimen from the

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northernmost corner of the Persian/ cites Zamora-Arroyo et al. (2005) to adequate to prevent its extinction. Arabian Gulf at Fao, Iraq (Moore and support its assertion that, ‘‘[i]n the case Again, we look for substantial Jawad, 2009). It is probably limited to of habitat destruction resulting from information indicating that not only is mud bottoms along the Iraqi and part of coastal development, the severity of the particular species exposed to a the Iranian coast of the Persian/Arabian impacts is high with low reversibility.’’ factor, but that the species may be Gulf, possibly including Kuwaiti waters. The petitioner does not provide specific responding in a negative fashion. Then It is presumably oviparous, though information indicating that these threats we assess the potential significance of nothing else is known about its biology. are indeed negatively impacting O. pita. that negative response. Its population size and trend are As stated previously, broad statements We had no information on O. pita or unknown, and no species-specific about generalized threats or threats to the species in our own files. surveys have been conducted (though identification of factors that could After evaluating the species-specific there was survey/fisheries work done in negatively impact a species do not information presented in the petition, Iraqi waters prior to the conflict in the constitute substantial information that we find that the petition does not 1980s). listing may be warranted. We look for present substantial scientific or The IUCN assessment notes that the substantial information within the commercial information indicating that IUCN Red List Guidelines state that if a petition and within our own files listing may be warranted for O. pita. taxon is only known from its type indicating that not only is the particular Raja undulata locality and any significant threats can species exposed to a certain factor, but be identified, then an IUCN rank of that the species may be responding in a According to the petitioner and the Critically Endangered under the IUCN’s negative fashion, and then we assess the IUCN assessment for R. undulata, this B and C criteria may be appropriate. As potential significance of that negative species has a patchy distribution in the eastern Atlantic, including the we noted above, species classifications response. No such information was Mediterranean, with discrete areas under the IUCN and the ESA are not provided in the petition. equivalent, and data standards, criteria where it may be locally common, The petitioner asserts that the main used to evaluate species, and treatment including southwest Ireland, eastern threat to this species is thought to be of uncertainty are also not necessarily English Channel, and southern Portugal overfishing. Levels of fishing-related the same. Therefore, we must consider (Coelho et al., 2009). In the northeast mortality are unknown, though the information on threats identified by and eastern central Atlantic, it occurs overfishing and illegal fishing occurs in the petitioners, as well as the data on from southern Ireland and southwestern which they are based, as they pertain to this region. Longline, driftnet, baited England to the Gulf of Guinea, including each species. While the condition of mesh cage trap, intertidal skate-net trap, the Canary Islands. In the being rare is an important factor to and trawl are the main fishing methods Mediterranean, it occurs mostly in the consider when evaluating a species’ risk used in the area. For religious reasons, west. It occurs in shelf waters to about of extinction, it does not by itself local Shia Muslims in southern Iraq do 200 m depth, on sandy and muddy indicate the likelihood of extinction of not consume elasmobranch fishes, so substrates, and it appears to be more that species, nor does the condition of this species is likely discarded if common in shallow waters. Smaller being rare constitute substantial captured. The petitioner states that specimens can be found in coastal information that listing under the ESA fishing pressure in the area is lagoons (sheltered habitats may be may be warranted. To determine increasing, and Iraqi fisheries are nursery areas). This species is whether listing of a rare species may be expanding southwards and apparently oviparous, and it reproduces during warranted, there must also be operating illegally in Kuwaiti and periods of colder water. Females first substantial information indicating the Iranian waters (Morgan, 2006). These mature at 8.98 years, males at 7.66 rare species is both exposed to and expanding trawl and gillnet fisheries are years. Size at first maturity ranges from responding in a negative fashion to a totally unregulated, and no known 76.2 cm for females in the southern threat such that the species may be conservation measures are currently in region to 83.8 cm for females in the threatened with extinction. place for this species. Therefore, the western region. A discrete population The petitioner asserts that the area of petitioner argues, given this species’ occurs in Tralee Bay, Ireland, with O. pita occurrence is subject to habitat restricted range and already low angling records showing a peak in loss, degradation and deteriorating population, it is highly likely that O. 1981–82, followed by lower but stable water quality, destructive fishing pita is especially vulnerable to fishing catches since then (ICES, 2007). Its practices, hydrocarbon pollution, and pressure within its range. However, as population size is unknown, and it has radiological, chemical or biotic noted above, levels of fishing mortality a decreasing trend. contamination (Al-Saadi and Arndt, are unknown, and the petitioner The petitioner contends that the main 1973; Hussain et al., 2001; Hussain et provides no information or references threat to this species is commercial al., 1999; Douabul, 1984; Abaychi and on catchability of O. pita or data on utilization from fishing. Raja undulata Al-Saad, 1988; Al-Saad, 1990; Al-Saad, catch and bycatch. It is unclear how the is a common bycatch of trawl, trammel 1995; Al-Saad et al., 1995; Al-Saad et petitioner came to the conclusion that nets, and other demersal fisheries al., 1996; Al-Saad and Altimari, 1993; these fisheries are negatively affecting operating with its range. It has a patchy DouAbul et al., 1987; Carroll, 2005; the abundance of O. pita. As noted distribution, and declines have been Birdlife International, 2006). Also, previously, though the petitioner documented in areas where it was extensive damming of the Tigris- contends that there is a complete lack of formerly considered locally abundant. Euphrates river system in Turkey and protections in place for this species, we Tralee Bay catches declined from 80– the drainage of the Iraqi marshes during do not necessarily consider a lack of 100 in 1981 to 20–30 annually in the the 1990s and rapid coastal species-specific protections as a threat mid-1990s, followed by a slight development of previously pristine and to the species. For example, population increase in the early 2000s. uninhabited areas, such as Bubiyan management measures that regulate Catches now appear to be declining Island in Kuwait, may also have had other species or fisheries operations again, with less than 20 recorded in negative impacts on the species. As in may indirectly help to minimize threats 2005 (though they fluctuate each year) other species accounts, the petitioner to the petitioned species and may be (ICES, 2007). The species has

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traditionally been observed in English overutilization by fisheries, inadequate continued, indicating catches of beam trawl surveys in the eastern existing regulatory mechanisms, and younger specimens. Within the closed English Channel, but has been absent for other natural factors may be impacting areas this species is still caught as the most recent 2 years (2007–2008) R. undulata to a degree that raises bycatch in teleost gillnet fisheries. In (ICES, 2008). ICES current advice (2008) concerns of a risk of extinction, with Guinea-Conakry, fishing is allowed is no target fishing in the North Sea, significant population declines year-round, and catches are higher English Channel, and Celtic Seas. The throughout its range. We conclude that during the species’ birthing and mating species is captured in large quantities as the petition presents substantial season, when they congregate. Gravid bycatch in the mixed species trammel scientific information indicating that the females are specifically targeted for the net fishery off the southern coast of petitioned action of listing R. undulata large size of their fins, and finning of Portugal; it is retained and marketed for as threatened or endangered may be embryos has been reported. human consumption (Coelho et al., warranted. No active conservation measures are 2002). It is mainly captured in shallow in place in the Mediterranean for R. Rhinobatos cemiculus waters, with catch-per-unit-effort from cemiculus. In Mauritania, the species 1.91 specimens/1000 m of net at 10–30 According to the petitioner and the has been protected since 2003 as part of m depth to 0.03 specimens/1000 m of IUCN assessment for R. cemiculus, this a ban on directly targeted elasmobranch net at more than 90 m depth (Coelho et species occurs in marine and brackish fishing in the Banc d’Arguin, and in al., 2005). Landings of Raja spp. in the waters in subtropical areas of the Guinea-Bissau, three marine protected southern region of Portugal decreased Atlantic, from the northern coast of areas have been established. However, by 29.1 percent between 1988 and 2004 Portugal to Angola, and it is also found R. cemiculus is still caught as bycatch (DGPA, 1988–2004). Raja undulata is throughout coastal Mediterranean in other fisheries in these areas. No the most common skate species in this waters (Notarbartolo di Sciara et al., species-specific regulations exist for the area, and its size makes it more 2007a). It is demersal, living over sandy management of shark and shark vulnerable to depletion than smaller or muddy substrates in shallow waters fisheries in the Sierra Leone. skate species; therefore, the petitioner to about 100 m depth. It swims slowly While the petitioner presents little argues, these declines in Raja spp. may over the bottom or partially buries itself species-specific fisheries catch data, it under-reflect changes in the population under the substrate. Its maximum size presents substantial information that of this species (Erzini et al., 2001; varies (TL up to 192 cm for males, 230 fishing pressure is high on this species, Coelho et al., 2005). Raja undulata is cm for females), and its diet is and that this pressure has already led to also a known bycatch of the Spanish composed primarily of prawn, crab, and declines in population, declines in size, demersal trawl fleet operating in the other crustaceans and fish. It was once and local extirpations in certain areas. Cantabrian Sea, southern Bay of Biscay, regarded as common within the The targeted fishing during the mating which targets a mixture of gadoids and southern Mediterranean, especially in and spawning times of this species may flatfish at depths of 100–300 m over the the Gulf of Gabe´s on the east coast of present a significant threat to this continental shelf (ICES, 2007). Species- Tunisia. However, preliminary surveys species. Species-specific conservation specific French landings data for the indicate populations have since measures and regulations are lacking. Celtic Seas report 12 t of R. undulata in diminished substantially. Few or no Therefore, we find that the petition 1995, 6 t in 1996, 10 t in 1997, after specimens were observed during several presents substantial scientific which landings fell to 2 t in 1998, 1 t trawl surveys from the mid-1970s information indicating that the in 1999, to 0 t in 2000–2001 (ICES, through the early 1980s in its African petitioned action of listing R. cemiculus 2007). This species’ preference for range. Its population size is unknown, as threatened or endangered may be shallow waters places it within the and it has a decreasing trend. warranted. The fins of this species are highly range of intensive artisanal coastal Rhinobatos horkelii fisheries operating off the western coast prized in western Africa (100 Euro/kg), of Africa (Walker et al., 2005); while so this species is a major target species According to the petitioner and the there are no species-specific catch data of artisanal fisheries. Abundance and IUCN assessment for R. horkelii, this for these catches, this species is size of individuals have decreased coastal species is distributed along the presumably a utilized bycatch of these throughout its West African range. It is Brazilian coast and farther south to Mar artisanal fisheries, as well as demersal caught as bycatch by the shrimp trawl del Plata, Argentina (Lessa and Vooren, trawl fisheries operating in this area. fishery in shallow inshore waters, and 2007). Adults migrate to coastal waters Exploitation of the continental shelf is this has caused large decreases in catch with depths of less than 20 m from also high in the Mediterranean Sea and probable extirpation in some areas. November to March. Litter size is 4 to12 (Massuti and Moranta, 2003). In Senegal, for example, landings have pups, with more pups produced by The petitioner asserts that there are no decreased from 4,050 tons per year in larger mothers. Pregnancy is in two species-specific conservation measures 1998 to 821 tons per year in 2005; the stages (dormancy from April to in place for this species, and the actual fishing pressure on this species is November in deeper, colder water, and species’ life history characteristics likely to be higher because of the lack embryonic development from December (delayed age at maturity, long of reporting in artisanal fisheries in to February in warmer shallow waters), generation time of 14–15 years), and low West Africa and the number of foreign with 1-cm embryos observed in fecundity) may increase the risk of vessels fishing legally and illegally December and 29-cm embryos in extinction to R. undulata. within this region. It used to be a typical February. Females reach full maturity at The petitioner has presented resident in the Balearic Islands, but now 9 years of age, males at 6 years of age. substantial information indicating that has become extinct locally, and it Its population size is unknown, and it this species is negatively affected by appears to be locally extirpated from the has a decreasing trend. fishing throughout its range, the lack of Alboran to the Aegean Sea. Rhinobatos Fishing is the main threat to this regulatory mechanisms, and potentially cemiculus is one of the main targets of species. Southern Brazilian fisheries the species’ K-selected life history. specialized fishing teams in Guinea- show total landings increased from 842 Based on the best available information, Bissau. Even in areas outside the closure t in 1975 to 1,804 t in 1984, then we find that the threats of areas, the reduction in size has declined continuously to 157 t in 2001.

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The average trawl CPUE of this species benthic invertebrates and fish. It is evidence of population declines in the in southern Brazil in 1993–1999 was 17 viviparous, with no placenta, and it eastern Atlantic, the continued fishing percent of that observed during the produces 4 to 6 pups per litter, and 1 pressure on the species, and the lack of period 1975–1986, indicating a decline to 2 litters per year per female, and its species-specific conservation measures, in abundance of more than 80 percent gestation period is 4 months. Neither we find that the petition presents since 1986 (Miranda and Vooren, 2003; the age at maturity nor the longevity is substantial scientific information Vooren et al., 2005). Catches increased known for either sex. Its population size indicating that the petitioned action of slightly after 2000, when trawl fleets is unknown, and it has a decreasing listing R. rhinobatos as threatened or from southern Brazil exploited refuge trend. While little is known about the endangered may be warranted. area for a part of this species’ population sizes of this species, there Trygonorrhina melaleuca population (Martins and Schwingel, has been a marked decline in its 2003; Vooren et al., 2005). After that, abundance in the northern regions of According to the petitioner and the CPUE fell again by 31 percent from 2002 the Mediterranean. IUCN assessment for T. melaleuca, not to 2003, and the population is The species is likely threatened by much is known about this species, as it considered to be at critically low levels, habitat degradation in its nursery is known only from a few specimens and it is scarce in coastal waters grounds. Fishing occurs throughout taken in shallow water in St. Vincent’s (Vooren et al., 2005). Catches now most of its range. Like R. cemiculus, it Gulf in Southern Australia, and its consist mostly of juveniles with likely was historically common throughout the extent of occurrence is estimated at less only smaller mature individuals being northern Mediterranean, but absent than 5,000 km2 (Stevens, 2009). The caught, meaning fewer pups per from the recent Mediterranean largest specimen measured 90 cm. reproductive cycle per mature International Trawl Survey, suggesting While this species may be a mutant guitarfish. Similar to the R. cemiculus, extirpation there. It is still present in the form of the Southern fiddler ray, until the R. horkelii is targeted by artisanal catch in portions of the southern shore, further systematic studies can be carried fisheries during its birthing and potentially elsewhere along the out, the two forms are considered valid aggregations, with catches comprising Mediterranean African coast, but a large species. Its population size and 98 percent pregnant females during this proportion of those catches are population trend are unknown. time. immature juveniles. It is caught as The petitioner asserts that recreational Permits for directed fishing are no common bycatch of shrimp trawl and commercial fishing occur in this longer issued, and bycatch must be fisheries in the eastern Atlantic. It is species’ area of occurrence, and the thrown overboard, but these laws are also caught in artisanal bottom set species is susceptible to trawl, hook, not effectively enforced. Regardless, fisheries in Sierra Leone and dried for and net fisheries. Further, the petitioner bycaught animals are often dead by the export to Ghana for human points out that the species is rare in time they are brought up to the surface. consumption. There is evidence of shallow water, so any bycatch is of Trawl fishing within 3 nm of the coast population declines in the eastern concern. No conservation measures are of southern Brazil is prohibited, but this Atlantic. In Senegal, for example, the in place for this species. represents protection from only one of landings of all guitarfishes have The condition of being rare is an the fishing threats. decreased dramatically, with landings important factor to consider when The decrease in CPUE, the species’ peaking in 1997 at 4,218 t and gradually evaluating a species’ risk of extinction; high age at maturity, the correlation decreasing to an estimated 821 t in however, it does not by itself indicate between age of females and number of 2005. In Guinea-Bissau, this species is the likelihood of extinction of that pups, the species’ low fecundity one of the main targets of specialized species, nor does the condition of being combined with its vulnerability to shark fishing teams, and recent surveys rare constitute substantial information fishing because of predictable annual indicate that its populations have that listing under the ESA may be mating and birthing aggregations and diminished substantially (Fowler et al., warranted. To determine whether listing the lack of effective regulatory 2005). Recent changes in mesh net size of a rare species may be warranted, mechanisms may put this species at risk in the area will result in higher catch of there must also be substantial of extinction. Therefore, we find that the juveniles. It is still caught incidentally information indicating the rare species petition presents substantial scientific as bycatch in teleost gillnet fisheries and is both exposed to and responding in a information indicating that the industrial demersal trawl fisheries negative fashion to a threat such that the petitioned action of listing R. horkelii as targeting cephalops and crustaceans and species may be threatened with threatened or endangered may be coastal teleosts. It is reportedly common extinction. While the petitioner notes warranted. in Sierra Leone, caught as bycatch of that recreational and commercial fishing shrimp trawl fisheries operating in occur in this species’ area of occurrence, Rhinobatos rhinobatos shallow inshore waters. It is frequently it provides no catch data, and we have According to the petitioner and the captured in Gambia (A. Mendy pers. no way of evaluating whether the IUCN assessment for R. rhinobatos, this comm., 2006). species is impacted by fishing. We had species is distributed in the Atlantic There are no species-specific no information on T. melaleuca or from the southern Bay of Biscay conservation measures. In Mauritania, threats to the species in our own files. southward to Angola, and in the there is a ban on directly targeted After evaluating the species-specific Mediterranean where it prefers the elasmobranch fishing in the Banc information presented in the petition, warmer waters of the southern and d’Arguin, and R. rhinobatos is more we find that the petition does not eastern regions (Notarbartolo di Sciara abundant there, comprising 2 percent of present substantial scientific or et al., 2007b). It is demersal and found the shark catch in 2004. In Guinea- commercial information indicating that in shallow waters in the intertidal zone Bissau, three marine protected areas listing may be warranted for T. to depths of 180 m, over sandy, muddy, have been established. However, the R. melaleuca. shell and occasionally micro-algal cemiculus is still caught as bycatch in covered substrates. It swims slowly other fisheries in these areas. Threats to the Bony Fishes along the sea bottom or partially buries Given the likely extirpation of this The 15 bony fish species petitioned itself under the substrate, feeding upon species in the northern Mediterranean, for listing (Colpichthys hubbsi,

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Latimeria chalumnae, Tomicodon petition. According to Article I of low enough to suggest that this abuelorum, Pterapogon kauderni, CITES, species listed on Appendix I are extirpation, in combination with other Halichoeres socialis, Paraclinus those that are the most endangered threats, may be contributing to the magdalenae, Paraclinus walkeri, among CITES-listed animals and plants; extinction risk of this species. These Chaetodontoplus vanderloosi, Azurina they are threatened with extinction and biological and ecological factors are eupalama, Scarus trispinosus, CITES prohibits international trade in examined on a species-specific basis Argyrosomus hololepidotus, specimens of these species except when below, if information is available. Mycteroperca fusca, Mycteroperca the purpose of the import is not Overall, we find that the four major jordani, Paralabrax albomaculatus, and commercial, for instance, for scientific threats discussed for bony fishes in the Enneapterygius namarrgon) are research. Based on the CITES introductory section of the petition are currently listed as either ‘‘endangered’’ definitions and standards for listing not well supported and/or substantiated or ‘‘critically endangered’’ on the IUCN species on Appendix I, the species’ and do not necessarily constitute Red List. The petition asserts that these actual listing on Appendix I is not itself substantial information that listing any species are being threatened with an inherent indication that these species of the 15 species may be warranted. extinction by four of the five ESA may now warrant threatened or While the information in this section 4(a)(1) factors—habitat endangered status under the ESA. introductory section is otherwise largely destruction, overutilization, inadequacy Species classifications under CITES and accurate and suggests concern for the of regulatory mechanisms, and natural the ESA are not equivalent, and criteria status of fishes in general, the broad factors—which we discuss in turn used to evaluate species are not the statements and generalizations of threats below. same. The petitioner also makes for all petitioned bony fish species do The introductory threats discussion is generalized statements about MPAs and not constitute substantial information general, with only occasional references other measures of protections in this that listing may be warranted for any of to specific petitioned species, with the section, mentioning some of the the petitioned species. There is little threats later repeated in the species- limitations of these MPAs for the five information in this introductory section specific section (discussed below). petitioned bony fishes with portions of indicating that particular petitioned Some of the general threats discussion their ranges in an MPA (Mycteroperca species may be responding in a negative is not clearly or causally linked to the jordani, Chaetodontoplus vanderloosi, fashion to any of the discussed threats. petitioned species (e.g., discussion of Paralabrax albomaculatus, Azurina We will consider the few instances in dead zones yet no identification that eupalama, Paraclinus walker). We do the introductory section that specifically these occur in the petitioned species’ not consider these general and link threats to a particular petitioned ranges; discussion of the threat of unsubstantiated statements as species in our discussion of threats to climate change in general terms without substantial information that listing may that particular species. showing how it affects particular be warranted due to an inadequacy of Colpichthys hubbsi species; and discussion of mangrove regulatory mechanisms for all of the According to the petitioner and the removal as causing a species to be petitioned species. Where the petition threatened or endangered, without IUCN assessment for C. hubbsi, this provides species-specific information on species is endemic to the Eastern providing any population size or trend this threat, that information is information for the species). The Pacific, found only in the uppermost considered in the individual species part of the Gulf of California and the petition also references worldwide sections below. human population growth as a threat for Colorado River Delta (Findley et al., all of the petitioned species. However, The petition discusses the very small 2010). Its extent of occurrence is 5,000 a rising human population by itself may geographic ranges and limited dispersal km2, but its area of occupancy is not necessarily be a threat to a species, ability of several petitioned bony fishes unknown. It occurs in shallow water if, for instance, human activities are (e.g., Halichoeres socialis, Latimeria over mud and over muddy sandy managed such that habitat is preserved chalumnae), arguing that a very small substrates, to depths of 4 m. Adults feed or species are not over-exploited. range increases the extinction risk of the on crustaceans and gastropods. The Similarly, human-mediated threats can species because the entire species could petition provides no information on occur at a level that renders a species in be affected by local events and limited population size or trend. danger of extinction in the absence of a dispersal ability can decrease the The petition asserts that this species growing human population. Thus, potential for recolonization following is threatened by all five of the ESA information that the human population the loss of a subpopulation or area of section 4(a)(1) factors. Threats under the is growing, on its own, does not indicate habitat. The petition notes that several first factor, ‘‘present or threatened that the growing human population is a of the petitioned bony fishes are already destruction, modification, or threat. at risk as low-fecundity or K-selected curtailment of habitat or range,’’ include In the regulatory mechanisms species, rendering them even more cessation of flow from the Colorado discussion, the petitioner argues that vulnerable to synergistic impacts of River, coastal development and climate there are no adequate regulatory multiple threats. Despite this, we do not change, sedimentation and general mechanisms for the petitioned bony consider these natural factors alone to water quality, and tidal power fishes. Only one of the petitioned bony constitute substantial information that development. The petition discusses fishes has a stable population trend, listing under the ESA may be warranted. each of these in a general way, but it though it is still subject to significant There must be additional information to does not provide information to indicate threats, and none of the petitioned bony indicate that the species may be that C. hubbsi is negatively affected by fishes is characterized as having an exposed to and respond in a negative these threats. Since this species likely increasing population. fashion to a threat. For example, in the has an extremely restricted geographic The petition notes that only one fish case of L. chalumnae, which we discuss range, the petition asserts that the lack species (Latimeria chalumnae) is listed further below, information is presented of flow from the Colorado River on CITES Appendix I, and it references to suggest that the petitioned species resulting from dam construction, the limitations inherent in CITES may have been extirpated from some population growth, and climate change listings from the coral section of the areas, and estimated population size is has turned the river into a desert,

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endangering dozens of species. The whether or how disease from shrimp Tanzania, with scattered populations petition states that habitat degradation farming is affecting the C. hubbsi. and individuals found off the northern will only get worse as climate change is Under the fourth section 4(a)(1) factor, tip of Tanzania and off the coasts of predicted to further reduce runoff by ‘‘inadequacy of existing regulatory Madagascar, South Africa, and 10–30 percent by 2050 (Waterman, mechanisms,’’ the petition notes that no Mozambique. The first specimen of 2012). It also states that the El species-specific conservation measures another coelacanth species (L. Borrascoso area of the species’ northern are in place for this species. The species menadoensis) that likely shares the Gulf of California habitat is threatened is found in the Colorado River Delta same ancestor with L. chalumnae was by planned development that will Biosphere Reserve, but the petition found in Indonesian waters in 1998. destroy offshore habitat through asserts that, while this location does Latimeria chalumnae inhabits deep- dredging and destroy geologic outcrops extend the species some level of sea caves and overhangs near vertical with construction activity. The petition protection, it is inadequate because it marine reefs, about 200 m below the also notes that shrimp mariculture and does nothing to remove the upstream surface, off newly formed volcanic increased growth of coastal cities will dams stopping water from reaching the islands, in water temperatures of 18–23 destroy coastal habitat, resulting in an Gulf of California, increase the amount °C. It survives only a few hours in increase in construction projects, of water that they release, stop climate captivity or in shallow waters. Its dredging of harbors and shipping change from further reducing river flow, lifespan is estimated to be between 80 channels, dumping of waste, run-off or stop shrimp aquaculture projects and 100 years, though another estimate pollution and increased sedimentation, from threatening the species. We do not is 60 years. It is ovoviviparous, and deforestation, and increased tourism. necessarily consider a lack of species- based on two pregnant specimens, its According to the petition, climate specific protections as a threat to the fecundity is between 5 and 26 pups. Its change is expected to further magnify species or even problematic in all cases. long gestation period of 3 years is the these coastal pollution problems, Again, we look for substantial longest of any vertebrate, and its age at increasing eutrophication, hypoxia, and information indicating that not only is maturity is 16 years for females. anoxia and resulting in more ‘‘dead the particular species exposed to a The Comoran population size was zones.’’ Similarly, the decreased water factor, but that the species may be estimated to be about 500 in 2008 quality caused by agricultural runoff responding in a negative fashion; then (Dinofish, Undated), though the petition and the decrease in needed sediments we assess the potential significance of stated it was less than 500. According to are cited as cause for concern about this that negative response. Browne (1995), Fricke, in a then recent species’ habitat. The petition also notes Finally, under the fifth section 4(a)(1) issue of the journal Nature, reported that potential development of tidal factor, ‘‘other natural or manmade that he believed there were about 200 factors affecting its continued coelacanths along a 5-mile stretch of the power, if implemented, will result in existence,’’ the petition notes that the Grande Comore coast, where the only severe impacts and irreversible loss of synergistic effects of the aforementioned known community of substantial size the Upper Gulf habitat. As with other threats could conspire to cause the lives. The population trend is unknown. species accounts, the petitioner cites extinction of the species. However, there is some evidence that Zamora-Arroyo et al. (2005) to support As stated previously, broad over a 3-year period (1991–1994), the its assertion that, ‘‘[i]n the case of statements about generalized threats or average number of L. chalumnae per habitat destruction resulting from identification of factors that could cave off the Comoros fell from 20.5 to coastal development, the severity of negatively impact a species do not 6.5 (Browne, 1995, reporting on Fricke’s impacts is high with low reversibility.’’ constitute substantial information that annual submersible census of this area While all of these threats are of concern listing may be warranted. We look for that had begun in 1989). The petitioner to an ecosystem, nothing in the petition substantial information within the did not provide us with the Fricke indicates whether or how C. hubbsi is petition and within our own files report in Nature, nor did we have a affected by these threats. indicating that not only is the particular copy of it in our files to review. Threats under the second section species exposed to a certain factor, but The petition asserts that this species 4(a)(1) factor, ‘‘overutilization for that the species may be responding in a is threatened by four of the five ESA commercial, recreational, scientific, or negative fashion, and then we assess the section 4(a)(1) factors. Under the first educational purposes,’’ include potential significance of that negative factor, ‘‘the present or threatened unsustainable trawling and artisanal response. We had no information in our destruction, modification, or fishing of C. hubbsi’s prey (benthic files on C. hubbsi or threats to the curtailment of habitat or range,’’ the fauna) and shrimp farming that may species. After evaluating the petition notes that the massive increases cause mortality of estuarine organisms information presented in the petition, in human population numbers in East at water intake screens and increase we find that the petition does not African countries are resulting in eutrophication from pond effluent present substantial scientific or degraded habitat through damaging discharge into coastal areas. Again, the commercial information indicating that agricultural practices, overgrazing, petition provides no information listing may be warranted for C. hubbsi. deforestation, destruction of wetlands, indicating whether or how these threats and mining. All of these practices, affect C. hubbsi. Latimeria chalumnae according to the petition, increase the Under the third section 4(a)(1) factor, According to the petitioner and the load of silt moving off the coast and into ‘‘disease or predation,’’ the petition IUCN assessment for L. chalumnae, L. chalumnae coastal habitat. The asserts that shrimp farming in C. based on fossil evidence, this species petition goes on to note that scientists hubbsi’s range causes increased threat of was once global (Musick, 2000). It was have established that L. chalumnae disease when disease and viral believed to be extinct until the 20th individual are loyal to a particular home pathogens from the ponds escape to the century, when the first live specimen range, living there for over 14 years open Gulf. Also, this threat is likely to was found in 1938. It is now found off (Fricke, 2001), and that this range likely increase as development of the coasts the coast of southeastern Africa, covers a mere several kilometers of adjacent to its range continues. primarily at the Comoros Islands, coastline. This, according to the However, no information is provided on northwest of Madagascar and east of petition, means that L. chalumnae

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individuals are unlikely to be able to and Palomeres, 1999). Therefore, the more-or-less continuous along the coasts leave habitat degraded by siltation, and petition contends that commercial of these massed continental blocks. they may experience local extinctions overutilization represents a significant India separated from Madagascar and based on this impact. Finally, the threat to this species. began its move north in the early petition cites Green et al. (2009) as Under the fourth ESA section 4(a)(1) Cretaceous (140–120 Mya; Audley- support for its statement that factor, the petition asserts that national, Charles et al., 1981, figure 3.4, as cited bathymetric methods to identify local, and international efforts to protect in Springer, 1998), possibly carrying potential habitat for L. chalumnae have this species are insufficient. The coelacanths with it. Madagascar had disappointing results with little petition states that the Comoros Islands separated from Africa shortly thereafter, success, and therefore, it appears that national ban on landing L. chalumnae but its separation ceased by magnetic scientists may have found most or all of does nothing to prevent bycatch, which anomaly 2 (ca. 115 Mya; Besse and the existing L. chalumnae and that is fatal. The petition goes on to say that Courtillot, 1988, as cited in Springer, habitat loss threatening those other countries within L. chalumnae’s 1998; however, Rabinowitz et al., 1983, individuals could cause total extinction range do not have similar regulations. It as cited in Springer, 1998, propose that of the species. notes that the Islamic Sunni of at least Madagascar began separating from Under the second ESA section 4(a)(1) 11 villages on the island of Grand Africa about 180 Mya and ceased at 120 factor, ‘‘overutilization for commercial, Comoro have adopted this species, so Mya). India continued its ‘flight’ north recreational, scientific, or educational anyone who hurts it in any way and began colliding with the Eurasian ‘‘violates the code of the Sunni and is purposes,’’ the petition contends that L. plate in the Eocene (40–50 Mya; shunned by the community’’ (Fricke, chalumnae is being captured for Audley-Charles et al., 1981, figure 3.8, 2001). However, the petition points out trophies, scientific research, televised as cited in Springer, 1998). Continuous that this does not address bycatch of the entertainment, notochordial fluid for and still continuing movement of India species, nor does it cover other areas of Asian longevity serums, and accidental into the Eurasian plate caused the its habitat. Finally, the petition asserts capture as bycatch (Froese and building of the Himalayan Mountains, that, while this species is listed in Palomeres, 1999). Latimeria chalumnae which resulted in the formation of many CITES Appendix 1, this listing is neither can be sold legally only to the Comorian great rivers that flooded into the Indian effective at deterring catches in the rural government at an official price of $150, Ocean down both coasts of India and fishing villages near the species’ habitat more than 11⁄2 times the average the coast of Burma (e.g., the Indus, where villagers likely do not know of Ganges, and the Ayeyerwady Comorian yearly income (Joyce, 1989). the restriction and may not intend on But more recently, the black market (Irawaddy)). The heavy siltation covered shipping the captured fish out of the the bottom, both near shore and deeply price for this species is $2,000, more country, nor could it deter unintentional than 20 years’ worth of income for the offshore, and eliminated habitats bycatch. suitable for Latimeria. India thus formed average Comorian. Even more recently, Finally, under the fifth ESA section a barrier between coelacanth the price seems to have risen to $4,500 4(a)(1) factor, ‘‘other natural or populations in Africa-Madagascar and per dead specimen. This species’ meat manmade factors affecting its continued those in Malaysia-Indonesia. If this is unpalatable, but there is evidence of existence,’’ the petition points to hypothesis is correct, the siltation from a black market trade by private breeding issues resulting from an the damaging agricultural practices, collectors and a market among museums estimated population size of less than overgrazing, deforestation, destruction and scientists for specimens (Joyce, 500 individuals. Given L. chalumnae’s of wetlands, and mining resulting from 1989; SGForums, 2006; Monster Fish low population size, the petition asserts an increasing population in East African Keepers, 2009; Maybe Now, Undated; that the species is threatened by Nicholson, Undated). No individual L. stochastic events and the low likelihood countries could negatively affect L. chalumnae has survived for more than of males and females encountering each chalumnae habitat. While it is possible, as the petition 20 hours at the surface, given the other frequently enough to breed asserts, that most existing L. chalumnae difference in pressure and oxygen successfully. This is exacerbated by the individuals have been found, it is not present at shallow depths (Prehistoric low fecundity of this species and the likely. Our review of Green et al. (2009) Wildlife, Undated; Joyce, 1989). There extremely long gestation period (3 does not leave us with the same was also interest in acquiring this years). This, together with the late age impression about the success of the species to create a longevity serum from at first maturity (16 years for females), its notochordial fluid; while the 1987 means that females cannot produce a efforts to identify potential L. study showing that the fluid promoted litter of pups until they are about 19 chalumnae habitat. In fact, it appears long life has been debunked, it is still years old. The petition contends that that Green et al. (2009) was able to use possible that the practice continues these factors exacerbate the species’ bathymetric methods to identify several (Joyce, 1989; Fricke, 2001). Perhaps the extinction risk. areas where the species is likely to be biggest threat to this species is bycatch Springer (1998) hypothesized that, at found, as well as identify other areas by fishers fishing in known coelacanth some earlier time, the ancestor of the that should be investigated because of habitat (Fricke, 2001) because this type present coelacanth species must have the likelihood of finding similar habitat. of fishing is a substantial industry in had a more-or-less continuous As Green et al. (2009) states, these rural communities. While there distribution that was interrupted later the extent of the coelacanth distribution in have been efforts to find ways to return by a barrier. During the late Jurassic (ca. the western Indian Ocean covers a L. chalumnae individuals to the ocean 140 Mya), just prior to the beginning of considerable area, making the search for alive after capture, the actual state of the breakup of the southern continents further elusive coelacanth populations a affairs is that, because it is illegal to (Audley-Charles et al., 1981, figure 3.3, daunting task. The area of interest extends northwards along the eastern coast of South land the fish, fishers usually kill it and as cited in Springer, 1998), Africa, Africa from East London to Mozambique and throw it away (Browne, 1995). Finally, Madagascar, Antarctica, and Australia Tanzania—as far north as the Tanzanian- because these fish are seen as fish that were united, and Africa was linked Kenyan border, and the entire coastline of have come alive from the fossil record, northwards with the Eurasian plate. The Madagascar (Green et al., 2009). Specific they are sought after as a trophy (Froese distribution of ancestral Latimeria was target sites for coelacanth habitation using

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geophysical data have been identified for the indicating that the petitioned action of decreasing. To assert this population continental shelf off the Port Shepstone-Port listing L. chalumnae as threatened or trend, it cites the IUCN assessment, St Johns stretch of coastline. Northern endangered may be warranted. The which simply states that the population Mozambique, between Olumbe and Port petition also requested that, if we list trend of this species is decreasing, Amelia, is considered another potential target site, based on the similarity of the submarine this species as threatened or without providing any references. canyons to those of Sodwana Bay. Canyon endangered, we also list L. menadoensis As noted above, the petition provides size, depth of incision and the position of the based on similarity of appearance. If, little support for its assertion that the canyon heads, relative to the shelf break, after conducting a status review of L. population trend of this species is mirror those of the Sodwana Bay canyons. As chalumnae, we determine that it is decreasing, and T. abuelorum is fairly this is a preliminary study it is recommended threatened or endangered under the common in suitable mangrove habitat. that higher resolution multibeam ESA and list it as such, we will make Also, in reviewing Ferreira et al. (2005), echosounding be undertaken in these areas in a determination on this ‘‘similarity of we did not find the quote that the order to more accurately identify the features considered most likely to support a appearance’’ request at a later date. petition cited regarding extinction of a parrotfish in Brazil. Ferreira et al. (2005) coelacanth population. These would be based Tomicodon abuelorum on the presence of caves, overhangs and actually stated, ‘‘Spearfishing of adults notches that coelacanths are known to According to the petitioner and the has probably excerpted [sic] a strong inhabit. It must also be emphasized that IUCN assessment for T. abuelorum, this influence on the extirpation of this fish despite poor coverage of areas such as species is endemic to the Eastern from Brazilian reefs. In addition, Tanzania and Madagascar, these should not Central Pacific, where it is known from juvenile S. guacamaia have strong be excluded as potential sites for further, the Gulf of Nicoya, Costa Rica, to functional dependency on mangroves more detailed exploration. Darien, in the Gulf of Panama (Hastings (Mumby et al. 2004). Local extinction of We do not have any information and Dominici-Arosemena, 2010). It is S. guacamaia following mangrove subsequent to Green et al. (2009) to found only in areas with Rhizophora removal and overfishing in the indicate whether this work has mangrove prop roots where it is usually Caribbean (Mumby et al. 2004) suggests continued, but given the progress attached to root surfaces or moving that the same process might have reported by Green et al. (2009), we about and feeding from them at high facilitated the extinction process in conclude that it is highly unlikely that tide. Juveniles have been recorded from Brazil.’’ This paper referred to local most individuals of L. chalumnae have floating mangrove leaves, which they extirpation, not extinction, and the been found. may use as a dispersal mechanism into cause was suspected to be a The petition stated that the estimated the mangrove root systems. The diet of combination of overfishing and decline in number of L. chalumnae per T. abuelorum consists of barnacle cirri mangrove removal, not only mangrove cave over a period of 3 years (1991– and barnacle cyprid larvae, small removal. The petition provided no 1994) described by Brown (1995) oysters and other bivalves, amphipods, information on fishing threats that indicates a massive reduction in the and harpacticoid copepods. The species might combine with habitat threats to population, but it did not provide is fairly common in suitable mangrove cause extinction risk to T. abuelorum. census numbers to which we can habitat, with a mean density of about While it appears that T. abuelorum is compare the most recent 2008 0.8–1.4 fish per mangrove root. It is found only in mangrove areas that have population size estimate of 500 (even found year-round (Szelistowski, 1990). undergone significant reductions (1980– though it seems that Fricke was It is a highly fecund species, as 2005), the last 5 years of this data series conducting annual census surveys Szelistowski (1990) found females as indicate that mangrove losses in Costa beginning in 1989). Therefore, it is not small as 18 mm to possess paired Rica and Panama have slowed down clear whether this most recent gonads with developing eggs, and three (FAO, 2007). We have no information in population size estimate of 500 is specimens between 19–26 mm with our files on the status or trend of T. higher, lower, or the same as the 1991 ovaries containing 156–211 eggs. abuelorum. As stated previously, broad or 1994 population size. If the However, according to the petition and statements about generalized threats or population size of the Comoran IUCN assessment, this species is identification of factors that could population in 1991 was about 500, it is currently in decline because of negatively impact a species do not possible that the decline noted by extensive mangrove extraction constitute substantial information that Brown (1995) is the result of a natural throughout its range (Jime´nez, 1994; listing may be warranted. We look for population fluctuation or an emigration FAO, 2007). As of 2000, the area of substantial information within the of L. chalumnae individuals away from mangroves remaining in Costa Rica and petition and within our own files the survey area (Brown, 1995). However, Panama combined was estimated to be indicating that not only is the particular even a population size of 500 only about 2,000 km2. Further review of species exposed to a certain factor, but individuals is relatively small. Further, FAO (2007) indicates that the annual that the species may be responding in a while it is possible that more L. change in mangrove area in Costa Rica negative fashion, and then we assess the chalumnae habitat will be identified during the periods 1980–1990, 1990– potential significance of that negative and more individuals found, it is 2000, and 2000–2005 was ¥1.7, ¥2.4, response. After evaluating the possible that the population size will and ¥0.4 percent, respectively, and in information presented in the petition, not be significantly higher. Given the Panama, ¥2.7, ¥0.8, and ¥0.5 percent, we find that the petition does not number and level of threats that exist respectively (FAO, 2007). The petition present substantial scientific or (i.e., low population size estimate of cites Ferreira et al. (2005) when it commercial information indicating that 500, likelihood of increased siltation includes the following quote, ‘‘Surveys listing may be warranted for T. loads with increased coastal in other regions show that the reduction abuelorum. development in eastern Africa, the of mangroves brought some fish species species’ 3-year gestation period, fishing to extinction * * *’’ The petition Pterapogon kauderni bycatch, the curio/trophy trade, and the acknowledges that this species’ habitat According to the petitioner and the inadequacy of regulatory mechanisms), overlaps with several MPAs, but despite IUCN assessment for P. kauderni, this we find that the petition presents this, it asserts that the species is still species has a restricted range and is substantial scientific information endangered with populations endemic only to the Banggai

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Archipelago, which lies in the Banggai- overutilization (aquarium trade), disease and fish diversity within reef habitat, Sula platform in eastern Indonesia (4 parasite types; viral disease) and this fact sheet reports that, during the (Allen and Donaldson, 2007). Its predation, the inadequacy of regulatory March 2007 census, extensive areas of geographic range is about 5,500 km2, but mechanisms (e.g., no concerted effort to coral reef habitat were found to be within this range, maximum potential replace wild-caught fish with captive- covered with algae, a fungus, or a available habitat is much smaller (about bred fish for the aquarium industry; bacteria making them unsuitable as 426 km of coastline extending from the despite tracking of exported fish by the habitat for the Banggai cardinalfish and shore to about 100 m off the coast (so, Indonesian government, it is lumped in other fish species (Vagelli, 2007). The only about 34 km2). It has been recorded the ‘‘aquarium fish’’ category; local bans fact sheet adds that no certification at 17 of the 20 major islands and at 10 by private owners of bays and villages system for those collecting the Banggai of the 27 minor islands. It occurs offer some protection, but bans are cardinalfish has been established and, primarily in shallow sheltered bays and seemingly driven by private interests according to the Indonesian harbors, mainly on reef flats with sandy such as pearl collection or disputes with representative of the Marine Aquarium bottoms and sea grass beds, and it is outside collectors; lack of CITES listing), Council, no such system is being found in 0.5–6 m depths, but most and other natural or manmade factors contemplated at this time (Vagelli, commonly found between 1.5–2.5 m (low fecundity; parental care; elevated 2007). Finally, the fact sheet notes that, depths. It is most common in calm level of energy investment per offspring; while the species can be bred in habitats on the protected side of larger direct development; lengthy oral captivity, no captive breeding projects islands. Juveniles associate with sea incubation period; susceptibility to are in place and not a single village in grasses, sea urchins, sea stars, sea indiscriminate collecting; lack of the Banggai Archipelago is presently anemones, soft corals, and corals; adults dispersal mechanisms; frequent considering such a project (Vagelli, shelter between the spines of sea earthquakes). The petition adds that 2007). urchins but also among anemones, synergistic effects of these threats also We also have a copy of CoP14 Inf. 37, corals, stony hydrozoans, rocks and contribute to the species’ risk of Additional Information on Biological artificial structures such as jetties. extinction. and Trade Criteria in Support of an The petition argues that the United According to census work, 43.7 percent Appendix-II Listing for the Banggai of the groups are associated with hard States represents one of the largest Cardinalfish, Pterapogon kauderni, corals. Pterapogon kauderni is a diurnal importers of wild-caught P. kauderni, which includes information compiled carnivore-planktivore that feeds making an ESA listing particularly by the United States through principally upon copepods, but also a effective. consultations and new information generalist opportunistic species. It has a Some of the threats identified by the gleaned from March 2007 surveys relatively short life span, matures at an petition are too general and not conducted by Dr. Alejandro Vagelli average age of 0.8 years, and has a supported with specific information on (Vagelli, 2007). In discussing extent of generation length of 1.5 years. whether or how the threat would affect In early population surveys, this P. kauderni (harbor dredging and trade, the United States notes that species had been identified on 27 out of associated pollution; sedimentation; FAO’s estimate that a minimum 50 islands. Based on average population harvest of its habitat (corals and cumulative catch of 19.2 million over density from these initial surveys, its anemones) for the aquarium trade; the duration of the fishery would be total population size was estimated at disease and predation; frequent required to reduce a population of 21.6 2.4 million fish in 2004 (Vagelli, 2005). earthquakes). Broad statements about million fish to 2.4 million, based on a It has the highest degree of population generalized threats or identification of worst case assessment of a population structure in a marine fish; this genetic factors that could negatively impact a without a density dependent response, isolation is likely a result of the lack of species do not constitute substantial is unrealistic, as it does not take into suitable habitats between information that listing may be account the effects of removal of subpopulations coupled with the warranted. We look for substantial individual fish on overall productivity species’ lack of dispersal mechanisms. information within the petition and of each subpopulation. Based on a According to the IUCN assessment, P. within our own files indicating that not conservative estimate, a single pair kauderni has a decreasing trend, based only is the particular species exposed to could produce 500 offspring in a on comparisons of density estimates in a certain factor, but that the species may lifetime, of which a maximum of 5–10 unprotected sites conducted in 2004 be responding in a negative fashion, and percent may survive to an adult life (mean density of 0.07 individuals/m2) to then we assess the potential significance stage. Thus, annual removal of 700,000– a historical baseline density of a of that negative response. We had no 900,000 fish will result in a much subpopulation localized inside a bay in information in our files on these threats higher cumulative loss of fish due to the Southwest Banggai Island which has with regard to P. kauderni. effects of this removal on annual been off limits to all fishing since before However, we have additional production. The United States also the beginning of the trade (0.63 information in our files, including a notes that there are three principal individuals/m2). Species Survival Network fact sheet collecting operations with an estimated The petition asserts that local threats (undated) that discusses data obtained current capture magnitude of at least to the species include habitat in March 2007 indicating exports from 900,000 fish per year, based on degradation (harbor dredging and local fishers have increased to one assessments by Vagelli in 2007. This associated pollution; sedimentation; million fish annually (Vagelli, 2007), estimate is considerably higher than harvest of its habitat (corals and not including fish captured by larger recent estimates as reported in the FAO anemones) for the aquarium trade; coral fishing boats based in Bali. This panel review (500,000), and is not bleaching; inability of P. kauderni to evidence indicates that a minimum of indicative of a decline in total harvest move to new areas on its own when sea 55 percent of captured fish die or are as suggested by Reksodihardjo-Lilley in temperature rises; disappearance of discarded due to injury or damage prior the FAO review. While we agree with corals because of global climate change; to international export. Also, to the conclusion that demand for these pollution and contaminants that demonstrate significant changes in the species may be 50–60 percent of the threaten the Luwuk subpopulation), health and vigor of coral populations reported capture (500,000), the

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estimates of mortality reported in the numerous subpopulations have about generalized threats or FAO review (10 percent) are much decreased, and that P. kauderni may be identification of factors that could lower than that reported by collectors threatened by overfishing and negatively impact a species do not and exporters. Interviews with international trade pressure. Also, the constitute substantial information that fishermen and buyers within the population has apparently declined listing may be warranted. We look for principal collecting operations reported from 21.6 million fish to 2.4 million substantial information within the mortality estimates of 25–30 percent fish. Further, the estimated maximum petition and within our own files and rejection of another 15 percent potential available habitat within this indicating that not only is the particular because of poor health (Vagelli, 2007). range (34 km2) is relatively small species exposed to a certain factor, but Finally, we found an undated compared to its geographic range (5,500 that the species may be responding in a Defenders of Wildlife Final Report in km2). Given these factors, the number negative fashion, and then we assess the our files that provides details on P. and level of threats that exist potential significance of that negative kauderni mortality during collection (overfishing for the aquarium trade; response. We had no information in our (25–50 percent), holding (50 percent), inability of P. kauderni to move to new files on H. socialis or any specific transportation (average of 25–30 areas on its own when sea temperature threats it may face. percent, though occasionally as high as rises; potential disappearance of corals Upon review of Randall and Lobel 50 percent), and rejection by buyers due because of global climate change; the (2003), cited by the petitioner, we note to injury and damage to specimens (15 inadequacy of regulatory mechanisms; that these authors, who described this percent). This report also notes that, in and other natural or manmade factors new species discovered in 1997, captivity, P. kauderni commonly die such as low fecundity, parental care, speculate that it had not been from epidemics of iridoviruses elevated level of energy investment per discovered before because of its (Megalocytivirus) (Weber et al., 2009), offspring, lengthy oral incubation occurrence in the limited area of reef and captured P. kauderni sold in the period, susceptibility to indiscriminate and mangrove islet habitat confined to United States experience high infection collecting, and lack of dispersal the Pelican Cays of Belize. Randall and levels of this virus (Weber et al., 2009), mechanisms), and the additional Lobel (2003) expect it may be found at with infection occurring post-capture at information in our files, we find that the other comparable sheltered either export or import centers (Weber petition presents substantial scientific environments elsewhere along et al., 2009). The high rate of injury, information indicating that the continental shores of the Caribbean Sea. disease, and death creates a positive petitioned action of listing P. kauderni They add that ichthyologists have not feedback loop driving more and more as threatened or endangered may be given this environment the same collection to compensate for supply- warranted. attention as they have other habitats chain losses. such as coral reefs. Further, they note, This report also summarizes new field Halichoeres socialis because of its small size (less than 40 survey information. Specifically, According to the petitioner and the mm standard length), H. socialis may be populations from Masoni Island, IUCN assessment for H. socialis, this easily mistaken with the juvenile phase monitored since 2001, have experienced species is found only in the Pelican of H. pictus (another labrid fish in the dramatic reductions (Vagelli, 2008). As Keys, Belize, and it has an extremely Caribbean Sea that is zooplanktivorous) of 2007, only 37 fish were found in the small estimated range of less than 10 by anyone not familiar with all labrids 4,800 m2 Masoni Island survey area and km2 (Rocha et al., 2010). Adults are reef and their color morphs. Finally, Randall only 150 fish could be found on the associated, while juveniles are and Lobel (2003) note that this species entire island (Vagelli, 2008). At Peleng mangrove and shallow reef dependent. is difficult to collect because it forms Island, monitored since 2002, only 27 It is commonly found in shallow coral evasive schools instead of seeking fish remained (Vagelli, 2008). At reefs over coral, sand, rubble, or sea shelter in the substratum. When the Bakakan Island the population size grass substrata to a depth of 10 m. second author returned to the Pelican dropped from 6,000 individuals in 2001 Juveniles feed on zooplankton and form Cays to collect specimens of this to just 350 fish in the most recent evasive, compact schools when species, he set up a barrier net and surveys (Vagelli, 2008). Limbo Island threatened. The petitioner did not collected 102 specimens. Of the 49 fish has possibly experienced the most provide any information on population used for the description, 46 were severe declines. In 2001, only 0.02 fish size or trend. Juveniles are abundant mature. We note that the petitioner per m2 could be located at Limbo Island where they occur, but adults are rarely stated adult individuals are rarely (Vagelli, 2008). Almost no fish remained observed. observed. There was no indication that at Limbo Island by 2004 and the The petitioner asserts that habitat it was difficult to collect this number or population has not recovered since then destruction (continued extensive that efforts to collect more were made or (Vagelli, 2008). By 2007 P. kauderni mangrove and coral removal and were unsuccessful. For all these reasons, populations had been reduced by about dredging for coastal resort development) we find that it is likely that the species 90 percent across the survey area is threatening this species, citing is more widespread than the petitioner (Vagelli, 2008). In addition to the threats Zamora-Arroyo et al. (2005) to highlight contends, and it may be fairly abundant. posed by overfishing, P. kauderni have that the severity of these coastal After evaluating the information experienced population declines from development impacts is high with low presented in the petition, we find that several of the other problems imperiling reversibility. Pelican Key, where this the petition does not present substantial Indonesia’s coral reefs. Although P. species occurs, is a World Heritage Site, scientific or commercial information kauderni is not targeted for collection but the petitioner contends that there is indicating that listing may be warranted by destructive fishing practices, its no actual protection afforded this for H. socialis. habitat is commonly degraded by species. The petitioner also notes that dynamite fishing and cyanide fishing of the lack of adult specimens observed Paraclinus magdalenae other fish species (Indrawan, 1999; likely means that there are few According to the petitioner and the Lilley, 2008). opportunities to breed, increasing the IUCN assessment for P. magdalenae, The petition presents a valid species’ vulnerability to extinction. As this species has a restricted range (1,131 argument to show that densities of stated previously, broad statements km2), and it is known only from a few

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specimens found in the immediate magdalenae, and this puts the species at lagoon itself, whereas the threats to the vicinity of Magdalena Bay, Baja increased risk of extinction. species originate on land. Also, the California, Mexico (McCosker et al., While all of these threats are of location of the entire population in one 2010). Rosenblatt and Parr (1969) made concern to an ecosystem, nothing in the small area leaves P. walkeri extremely 60 or more collections at appropriate petition or its cited references indicates vulnerable to localized events, further depths between Cape San Lucas and Los whether or how P. magdalenae is threatening the species, according to the Angeles Bay, Lower California, and did affected by these threats. For example, petitioner. not find any specimens of this species the Hastings and Fischer (2001) paper While all of these threats are of in any of these areas. Based on this discusses management priorities for concern to an ecosystem, nothing in the dated information, P. magdalenae is Magdalena Bay, given the current lack petition or its cited references indicates found at depths of 7–21 m, on rocky of a working resource management plan whether or how P. walkeri is affected by substrates. Upon review of Rosenblatt there, with little information on natural these threats. As stated previously, and Parr (1969), which was cited by the resources in the area; they do not broad statements about generalized mention P. magdalenae. As stated threats or identification of factors that petitioner, it is interesting to note that previously, broad statements about could negatively impact a species do not the authors noted that the maximum generalized threats or identification of constitute substantial information that depth of occurrence of this species is factors that could negatively impact a listing may be warranted. Further, we unknown, since diving techniques at the species do not constitute substantial do not necessarily consider a lack of time allowed only very limited bottom information that listing may be species-specific protections as a threat time at depths much below 100 ft (30.5 warranted. Further, we do not to the species or even problematic in all m), and deep rocky areas therefore necessarily consider a lack of species- cases. We look for substantial remained relatively unknown. They specific protections as a threat to the information within the petition and concluded that much more collecting species or even problematic in all cases. within our own files indicating that not would be necessary before confident We look for substantial information only is the particular species exposed to statements could be made concerning within the petition and within our own a certain factor, but that the species may the distribution of fishes characteristic files indicating that not only is the be responding in a negative fashion, and of rocky shores at moderate depths, particular species exposed to a certain then we assess the potential significance such as P. magdalenae. We have no factor, but that the species may be of that negative response. We had no information to indicate that any further responding in a negative fashion, and information in our files on P. walkeri sampling in this area or the areas nearby then we assess the potential significance numbers or threats to the species. has taken place in the 45 years since of that negative response. We had no Because Rosenblatt and Parr (1969), Rosenblatt and Parr (1969) conducted information in our files on P. which is a description of the taxonomy, their sampling. The petitioner provided magdalenae numbers or threats to the distribution, and variations of the no population information, but noted species. After evaluating the species- eleven Pacific species of Paraclinus, was that the trend of this species is stable. specific information presented in the cited as support for the petition to list The petitioner asserts that habitat loss petition, we find that the petition does P. magdalenae (though not cited as from coastal development, urban and not present substantial scientific or support for the petition to list P. industrial pollution, massive tourism commercial information indicating that walkeri), that paper is now in our files; development and various potentially listing may be warranted for P. we note that these authors pointed out harmful extractive activities in the magdalenae. that none of the eleven Pacific species of Paraclinus have extensive Magdalena Bay Area poses a serious risk Paraclinus walkeri bathymetric distributions. After of extinction to this species because of According to the petitioner and the its restricted range (Hastings and evaluating the species-specific IUCN assessment for P. walkeri, this information presented in the petition, Fischer, 2001). Also, effluent, including species is endemic to the Eastern we find that the petition does not untreated domestic sewage and Pacific, known only from the 40 km2 in present substantial scientific or industrial waste, is discharged directly Bahia San Quintı´n, Baja CA Sur, Mexico commercial information indicating that into Magdalena Bay, and intertidal (Hastings and McCosker, 2010). It is listing may be warranted for P. walkeri. nearshore and wetland areas are being found in shallow tide pools and upper degraded (School for Field Studies, reef flat to depths of 6 m, and it is Chaetodontoplus vanderloosi 2004). The petitioner again cites considered to be very rare, though it was According to the petitioner and the Zamora-Arroyo et al. (2005) to highlight formerly considered to be common. No IUCN assessment for C. vanderloosi, this the high severity of these impacts that population or trend information is angelfish species has one of the smallest have low reversibility. Localized human available. ranges of all known Indo-Pacific coral population growth, according to the The petitioner asserts that this species reef fish, only 275 km2 between Samarai petitioner, has a substantial negative is threatened by habitat loss and Island and the southeastern corner of effect on fish populations, especially degradation due to agricultural runoff Basilaki Island near Papua New Guinea human populations located near the and coastal development throughout its (Allen, 2010). Its estimated area of coasts. The citations provided to restricted range and cites Zamora- occupancy is even smaller (about 15 support the petitioner’s assertion that Arroyo et al. (2005) to highlight the high km2). Allen (2010) states, ‘‘Despite large number of people live close to the severity of these impacts that have low extensive searching in other parts of coastline, dead zones are increasing reversibility. While the species is Milne Bay Province (which includes from urban pollution, and climate located in protected habitat (Bahia de approximately 265,000 km2 of ocean) change is expected to further magnify San Quintı´n), the petitioner asserts that during five visits, it was only seen in a these coastal pollution problems are not this protection has been inadequate to small area.’’ According to Allen (2010), specific to the Magdalena Bay region or protect the species, as evidenced by its there has been a definite decline in to P. magdalenae. Finally, the petitioner rarity now. The petitioner notes that this population observed over the past 25 notes that there are no species-specific is understandable because the protected years (G. Allen pers. comm., 2010). conservation measures in place for P. habitat appears to include only the Allen (2010) states that the total

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population is thought to be less than circulation scenarios, mainly owing to Islands in the Gala´pagos Archipelago. 1,500 individuals, with decreasing poorly constrained model Numbers of this species were greatly trend, though we could not find any parameterizations and uncertainties in reduced during the 1982–1983 El Nin˜ o, support for this estimate in the petition the response of ocean currents to and there have been no sightings since or in Allen (2010). Nor is any greenhouse warming (McMullen and that time. Oceanographic environmental information on the extent of the Jabbour, 2009).’’ We are convinced that changes associated with the 1982–1983 ‘‘definite decline in population’’ surface water temperatures will increase El Nin˜ o event are presumably available. with future global climate change. responsible for the apparent The petitioner asserts that this species However, as is evident from these disappearance of this species from the is apparently associated with relatively quotes from Brainard et al. (2011), we Gala´pagos. cool temperatures, as Allen (1998) cannot predict ocean circulation No conservation measures are in place reported the occurrence of exceptionally patterns that will result from future for this species. It has historically been low water temperatures (22–24 °C) in climate changes, let alone how these present in the Gala´pagos Islands MPA, Milne Bay Province, compared to changes might affect C. vanderloosi. but that protection did not stop these 26–28 °C in other parts of Milne Bay As stated previously, broad precipitous declines. Therefore, the Province. While the petition notes that statements about generalized threats or petitioner argues that this species the threats to this species are not well identification of factors that could should be protected under the ESA, understood, it states that the species is negatively impact a species do not especially because the frequency and clearly dependent on a pattern of cool- constitute substantial information that duration of ENSO events in this region water upwelling from the deep ocean, listing may be warranted. Further, we of the Eastern Tropical Pacific appears and climate-associated changes in ocean do not necessarily consider a lack of to be increasing. circulation and increasing temperatures species-specific protections as a threat The purpose of the ESA is to conserve may be responsible for the observed to the species or even problematic in all species that are in danger of or decrease in this species. Allen (2010) cases. We look for substantial threatened with extinction. The speculates that strong currents that information within the petition and definition of an endangered species is sweep southward through narrow within our own files indicating that not ‘‘any species which is in danger of passes between islands may cause only is the particular species exposed to extinction throughout all or a significant displacement of surface waters and a certain factor, but that the species may portion of its range’’ (Section 3(6)). consequent upwelling of colder water be responding in a negative fashion, and Species that are already extinct are not from below. The petitioner cites then we assess the potential significance protected by the ESA. The best available Brainard et al. (2011) to support its of that negative response. We had no scientific information suggests that A. statement that ocean surface information in our files on C. eupalama is not known to be alive or temperature will continue to rise. The vanderloosi numbers or threats to the exist in the wild and may already be petitioner also notes that no species. After evaluating the species- extinct; therefore, we find that this conservation measures are in place to specific information presented in the species does not qualify for listing as protect C. vanderloosi. petition, we find that the petition does endangered or threatened under the It is not clear how much of a decline not present substantial scientific or ESA. this species has undergone in the last 25 commercial information indicating that Scarus trispinosus years. Nor is it clear how the petition or listing may be warranted for C. Allen (2010) came up with a population vanderloosi. According to the petitioner and the size estimate of less than 1,500 for C. IUCN assessment for S. trispinosus, this vanderloosi. While it appears that this Azurina eupalama species is endemic to Brazil with a species prefers cooler temperatures, it is According to the petitioner and the range from Manoel Luiz Reefs on the not clear that ocean warming will affect IUCN assessment for A. eupalama, this northern Brazilian coast to Santa C. vanderloosi negatively. For example, species is endemic to the eastern Pacific Catarina on the southeastern Brazilian Brainard et al. (2011, at p. 48) reported Ocean, found only in waters around the coast (Ferreira et al., 2010). It is reef- that, in comparing climate observations Gala´pagos Islands (Allen et al., 2010). It associated, usually found in seagrass, to models, ‘‘Wentz et al. (2007) found has apparently disappeared following coral reefs, on algal and rocky reefs and that global and tropical ocean winds the intense 1982–1983 El Nin˜ o event, on algal beds at depths of 1–45 m. It is have been increasing over the last 20 when greatly increased sea temperatures an important excavator that often feeds years (though slower in the tropics), in had strong adverse effects on the on live coral. contrast to models that indicate winds islands’ marine fauna and flora. Recent The petitioner and Ferreira et al. will weaken. Along with these changes targeted searches have not encountered (2010) cited Rocha and Rosa (2001) to in winds, models and observations both any individuals. Because its sister assert that, during the period 1996– show an increase in atmospheric water species, A. hirundo, occurs in a similar 1998, S. trispinosus was the second vapor and precipitation (Wentz et al., environment, the Revillagigedos Islands, most abundant species in Manoel Luis 2007). Although these findings suggest near the northern limit of the Eastern State Marine Park (northeastern Brazil), that tropical wind-driven ocean currents Tropical Pacific, Allen et al. (2010) being reported in 69 percent of will continue changing, the details speculate that populations of A. underwater visual census surveys. We about future directions and speeds of eupalama may still exist on islands off reviewed Rocha and Rosa (2001), and these surface currents remain Peru with warm temperate conditions, we note that the species reported in 69 insufficiently understood to adequately such as the Lobos Islands. percent of underwater visual census predict the potential influences to coral This species may already be extinct surveys is actually S. coelestinus, the reefs generally or to the 82 candidate (Robertson and Allen, 2006). It was midnight parrotfish, not S. trispinosus. coral species in particular.’’ Brainard et considered ‘occasional’ in 1977, and Regardless, the petitioner did not assert al. (2011, at p. 49) also state, ‘‘The prior to the 1982–1983 El Nin˜ o event, it that the population had declined in conflicting patterns of circulation under was recorded from Floreana, Espan˜ ola, Manoel Luis State Marine Park. future warming makes it difficult to Isabela, Marchena, Santiago, San According to the petitioner, S. assess the likelihood of various future Cristobal, Santa Cruz, and Santa Fe trispinosus populations have, however,

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declined in two areas of Brazil: census technique adapted from the last 3 generations (Heemstra, 2007). Abrolhos Bank off eastern Brazil, and Bohnsack and Bannerot (1986), these Despite noting that the species is Arraial do Cabo in the southeastern part researchers showed that S. trispinosus undergoing continuing decline, of its range. Ferreira et al. (2010) assert biomass increased sharply between Heemstra (2007) state that the that on the Abrolhos Bank, which is the 2001 and 2002 on a newer no-take population trend is unknown. largest coral reef in the south Atlantic, reserve and on a multiple-use area, soon The petitioner asserts that pollutants S. trispinosus represented about 28 after initiation of protection in the resulting from the expanding human percent of total fish biomass in 2001, former and the banning of the parrotfish population in the region are and showed a 50-percent decline in the fishery in the latter. This increase was increasingly negatively impacting the ‘‘past 5 years’’ (Francini-Filho and followed by a sharp decline from 2003 inshore areas and estuaries that form Moura, 2008). Upon reviewing Francini- on, after poaching levels increased in this species’ nursery areas. While Filho and Moura (2008), we confirmed the no-take reserve and local fishermen fisheries data and fishery-independent that S. trispinosus was the most decided to reopen the parrotfish fishery data appear to be non-existent for this abundant target species in the region in in the multiple-use area. The authors species, the petitioner argues that it is 2001, comprising 28.3 percent of total concluded that these results indicate likely caught both deliberately and fish biomass. While we could not that legal protection alone, without accidentally as bycatch, since local confirm the 50-percent decline, the effective enforcement and continued people eat this species, primarily for petitioner also cited Francini-Filho engagement from the local fishing subsistence (though there apparently is (2005) to support this assertion. We communities on the implementation of some documented trade). The petitioner could not confirm this because the regulations, is not enough to guarantee argues that any level of fishing is petitioner did not provide a citation for the success of MPAs. inappropriate for a species with such a this paper in the list of references. For Further, the petitioner argues that the small population. There are no the purposes of this finding, we will number of protected areas within its conservation measures in place for this assume the petitioner is citing accurate range does not include a large species. Finally, the petitioner contends information. According to a personal proportion of this species’ population or that this species has a low capacity to communication (B. Ferreira pers. habitat. There are no species-specific tolerate environmental impacts without comm., 2008) cited in Ferreira et al. conservation measures in place for this suffering irreversible change, increasing (2010), S. trispinosus biomass has species. Finally, the petitioner notes the likelihood that anthropogenic declined by 60–70 percent over the last that even protected coral reefs will not impacts will subject A. hololepidotus to 15 years in the southeastern part of its be spared the damaging effects from extinction. range (Arraial do Cabo). Population size anthropogenic climate change. Species classifications under the is not known, but the trend is Based on the best available IUCN and the ESA are not equivalent, decreasing. information, we find that the threats of and data standards, criteria used to Approximately 78 percent of mixed habitat destruction (coral reefs), evaluate species, and treatment of habitat parrotfishes such as S. overutilization by fisheries, inadequate uncertainty are also not necessarily the trispinosus are experiencing greater than existing regulatory mechanisms, and same. Thus, as we noted in an early 30 percent loss of coral reef area and anthropogenic climate change may be section of this finding, we instead habitat quality. Coral reef loss and impacting S. trispinosus to a degree that consider the information on threats declining habitat conditions are raises concerns of a risk of extinction, identified by the petitioners, as well as particularly worrying for some with significant population decline in the data on which they are based, as corallivorous excavating parrotfishes two significant parts of its limited range. they pertain to each petitioned species. that play major roles in reef dynamics We conclude that the petition presents A population size of 10,000 mature and sedimentation. The petitioner substantial scientific information individuals and a 10 percent decline asserts that the extensive loss of S. indicating that the petitioned action of over 3 generations do not indicate that trispinosus habitat that is already listing S. trispinosus as threatened or a species is threatened or endangered occurring, and that will likely occur in endangered may be warranted. under the ESA. And, as stated the future as a result of anthropogenic previously, broad statements about Argyrosomus hololepidotus climate change and other human-related generalized threats or identification of impacts, qualifies this species for According to the petitioner and the factors that could negatively impact a protection under the ESA. The IUCN assessment for A. hololepidotus, species do not constitute substantial petitioner contends that the species is this species is endemic to the southeast information that listing may be primarily threatened by spearfishing, coast of Madagascar, with an area of warranted. Further, we do not net, and trap fishing throughout its occupancy of less than 500 km2 necessarily consider a lack of species- range. Based on measured declines of S. (Heemstra, 2007). It is a large sciaenid, specific protections as a threat to the trispinosus in at least two significant meaning it has ‘‘drumming muscles’’ for species or even problematic in all cases. parts of its range (Abrolhos Bank in producing rudimentary vocalizations, We look for substantial information eastern Brazil, and Arraial do Cabo in and it is a benthic carnivore, feeding on within the petition and within our own the southeastern part of its range), along other fish, crustaceans, and mollusks. files indicating that not only is the with observations that large individuals While its generation length is unknown, particular species exposed to a certain have become very rare, Ferreira et al. similar large members of the same factor, but that the species may be (2010) estimate that at least 50 percent family have relatively long lifespans and responding in a negative fashion, and of the global population has declined long generation lengths, according to then we assess the potential significance over the past 20–30 years. Heemstra (2007). of that negative response. We had no Further review of Francini-Filho and The population is estimated to information in our files on A. Moura (2008) provides some possibly number less than 10,000 hololepidotus numbers or threats to the information about the effectiveness of mature individuals, all in a single species. After evaluating the species- marine protected areas in protecting S. population that is undergoing specific information presented in the trispinosus and other reef-associated continuing decline. Current declines are petition, we find that the petition does fishes. Using a nested stationary visual suspected to be about 10 percent over not present substantial scientific or

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commercial information indicating that impacting M. fusca to a degree that The petitioner asserts that all five ESA listing may be warranted for A. raises concerns of a risk of extinction, section 4(a)(1) factors threaten the hololepidotus. with extirpations and population survival of M. jordani. Under the first declines in different areas of its range. section 4(a)(1) factor, ‘‘overutilization Mycteroperca fusca We conclude that the petition presents for commercial, recreational, scientific, According to the petitioner and the substantial scientific information or educational purposes,’’ the petitioner IUCN assessment for M. fusca, this indicating that the petitioned action of asserts that coastal development in the species has a limited range (eastern listing M. fusca as threatened or northern Gulf of California (particularly Atlantic around the Azores and endangered may be warranted. Bahia La Cholla Marina) is expected to Madeira, Portugal, and Cape Verde and promote reef habitat destruction and Mycteroperca jordani the Canary Islands, Spain) (Rocha et al., that planned development threatens the 2008). It is a demersal species that According to the petitioner and the El Borrascoso area of the Gulf of occurs in rocky areas at depths from 1– IUCN assessment for M. jordani, this California habitat through dredging; 200 m. Juveniles are also found in tide species has a restricted range, in the destruction of geologic outcrops; and pools. This species was previously Eastern Central Pacific from southern La modification of coastal lagoons for abundant, but now locally rare. Jolla, CA, to Mazatla´n, Mexico, and into shrimp mariculture, resulting in damage Researchers have observed local the Gulf of California (Craig et al., 2008). from construction and pollution from extinctions in the most intensively It is found on rocky reefs and in kelp effluents. As with other species fished areas in the islands of the Canary beds. Adults are common in shallow accounts, the petitioner also cites Archipelago. The population size is water from southern California to Zamora-Arroyo et al. (2005) to support unknown, but the trend is decreasing. Mexico. Juveniles are unknown in its assertion that, ‘‘[i]n the case of Individuals are rarely observed greater California waters, and few large adults habitat destruction resulting from than 40 cm total length, which is about are taken there. Large adults feed on coastal development, the severity of half of its known maximum size. other fish and have been reported impacts is high with low reversibility.’’ The major threat to M. fusca is fishing feeding on juvenile hammerhead sharks. The petitioner adds that increased pressure that targets spawning This species is large, with a recorded human population growth in coastal aggregations. This has led to population maximum size of nearly 2 m and cities means more construction, declines, altered sex ratios, and maximum weight of 91 kg. dredging, dumping of waste, runoff extirpation of spawning aggregations for Mycteroperca jordani is currently in pollution, sedimentation, deforestation, other serranids. This species has shown ‘‘severe decline’’ throughout the Gulf of and increased tourism, and asserts that one of the strongest responses to California, with fishers indicating a 50– urban pollution contributes to variations in fishing intensity and 70 percent decline in catch rates since increasing ‘‘dead zones.’’ Also, climate human population among the Canary 1950 in the Gulf of California. It was change is expected to further magnify Islands, which supports the hypothesis abundant in central Baja California and these coastal pollution problems, that major human intervention has probably dominated the rocky-reef fish resulting in mass fish mortality from affected the abundance and biomass of community in terms of biomass, but it multiple algal blooms. Finally, the this species in the Canary Islands (Tuya declined dramatically in the 1970s and petitioner contends that potential tidal et al., 2006). Specific areas of is now scarce. Based on changes in the power development, if implemented, occurrence and the condition of the M. number of individuals within spawning will result in severe impacts and fusca population in these areas include: aggregations, the population decline irreversible loss of the Upper Gulf Santa Maria (Azores) at Baixa do Norte, from the 1940s to the present could be habitat. where a reproductive aggregation is greater than 99 percent. The species Under the second section 4(a)(1) known and monitored annually; Sao comprised 45 percent of total state factor, ‘‘overutilization for commercial, Miguel (Azores) at Ilheus dos Mosteiros, finfish production in 1960, but fell to recreational, scientific, or educational where adults are very rare; Terceira only 6 percent by 1972. Recent purposes,’’ the petitioner notes that this (Azores) at Ilheus da Mina, where adults estimates suggest that it comprises less species is heavily targeted by are very rare; Faial (Azores) at Baixa do than 1 percent of total finfish catch now. recreational and sub-national fisheries Castelo Branco, where formerly the The population size is unknown, though throughout its range and incidentally largest known reproductive aggregation there is a decreasing trend. Much of the caught by shrimp trawlers in the Gulf of in the Northeast Atlantic occurred, but information on the significant declines California. The petitioner also asserts where it is now totally extirpated by since the 1940s is from Saenz-Arroyo et that the species’ spawning aggregations, overfishing; MAP of Garajau (Madeiras), al. (2005), cited by the petitioner. Saenz- which are restricted to the Mexican where it is very common, including Arroyo et al. (2005) discuss the ‘‘shifting northwest, are heavily fished, and this adults, but it is presently unknown baseline’’ syndrome that can affect the is problematic because it makes it much whether reproductive aggregations stock assessment of a vulnerable species easier for population-level numbers of occur; and North Coast of Porto Santo by masking real population trends and M. jordani to be effectively targeted by Island (Madeiras), where it is very rare, thereby put marine animals at serious fishers at easily identifiable locations but adults are regularly seen at depths risk. These authors reviewed historical and times. Thus, higher numbers of below 30 m (Barreiros, J.P., pers. comm., evidence and naturalists’ observations specimens can be easily taken, and UAC/IMAR). Several MPAs cover this and systematically documented fishers’ spawning can be interrupted, leading to species’ range, but the petitioner perceptions of trends in the abundance additional declines in overall M. jordani contends that it needs protection of M. jordani to show that it has numbers. U.S. recreational fishers also throughout its range. dramatically declined. Population target these same areas. Based on the best available abundance dropped rapidly after the Under the third section 4(a)(1) factor, information, we find that the threats of 1970s, long before fishery statistics were ‘‘disease or predation,’’ the petitioner overutilization by fisheries, inadequate formally developed for this area, making points to shrimp farming as an existing regulatory mechanisms, and the historical tools valuable for increased threat of disease, from the species’ vulnerability caused by its understanding historical abundance of ‘‘escape of disease and viral pathogens spawning aggregations may be M. jordani and the extent of the fishery. from the ponds to the open Gulf.’’ This

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threat may increase as coastal lagoons congregating in large numbers for temperatures associated with the 1997– adjacent to newly developed areas could spawning may all contribute to an 1998 El Nin˜ o event contributed to the be modified for shrimp mariculture, increased risk of extinction. Based on larger sizes, higher abundance, and according to the petitioner. the best available information, we find larger proportion of M. olfax captured Under the fourth section 4(a)(1) factor, that the threats of overutilization by during the period 1997–1998. This El ‘‘the inadequacy of existing regulatory fisheries, inadequate existing regulatory Nin˜ o event could have very well mechanisms,’’ the petitioner notes that, mechanisms, and other natural factors contributed to the higher numbers of M. while this species occurs partially may be impacting M. jordani to a degree albomaculatus in 1998. Or, the within the Alto Golfo Biosphere that raises concerns of a risk of differences in catches during the 5-year Reserve, it offers nominal or minimal extinction. We conclude that the period could have been the result of a protection because enforcement is petition presents substantial scientific natural population fluctuation. lacking. information indicating that the The petitioner states that P. Finally, under the fifth section 4(a)(1) petitioned action of listing M. jordani as albomaculatus will lose habitat at its factor, ‘‘other natural or manmade threatened or endangered may be preferred depths as surface ocean factors affecting its continued warranted. temperatures rise with climate change. existence,’’ the petitioner asserts that Further, while its entire range is within the skewed sex ratio (females Paralabrax albomaculatus an MPA, it is still subject to commercial outnumber males significantly) According to the petitioner and the fishing. The frequency and duration of decreases the likelihood of reproduction IUCN assessment for P. albomaculatus, ENSO events in this region appears to and increases the likelihood that the this species is found only in the be increasing, and the petitioner states species will go extinct if the disparity Gala´pagos Islands (Robertson et al., that juveniles of this cool water species, continues. The petitioner also notes that 2010). It is a reef-associated fish that observed primarily in relatively shallow the species is vulnerable to extinction in inhabits rocky reefs and nearby sand water, may be negatively affected by part because of its K-selected life history patches. It is found in depths of 10 to increased temperatures during severe (large, low productivity, low numbers of 75 m, and it prefers cooler water (Reck, ENSO events. The petitioner does not mature adults), which makes it 1983). It preys on mobile benthic provide any specific information susceptible to the rapid, chaotic change crustaceans, octopus, squid, and cuttle indicating whether or how these threats it is experiencing. Finally, the petitioner fishes. Estimated age at first maturity is are affecting M. albomaculatus. contends that, because M. jordani is 1–2 years and longevity 10–12 years, As stated previously, broad threatened by multiple stressors and is based on other similar species; statements about generalized threats or a K-selected species, these multiple therefore, generation length is estimated identification of factors that could threats are likely to cause extinction to be about 5 years. No population size negatively impact a species do not pressure greater than the mere additive information is available, though a constitute substantial information that pressure of each threat alone substantial decline (about 70 percent) in listing may be warranted. Further, we (synergistic effects). population numbers occurred between do not necessarily consider a lack of The threats under the first (habitat 1998 and 2001, as inferred from fish species-specific protections as a threat degradation) and third factor (disease landings, with no evidence of a decrease to the species or even problematic in all and predation) are general, and the in fishing effort (Danulat and Edgar, cases. We look for substantial petitioner provides no specific 2002). It has a decreasing trend, information within the petition and information on whether or how they are according to the petition. Upon review within our own files indicating that not affecting M. jordani. As stated of Danulat and Edgar (2002), however, only is the particular species exposed to previously, broad statements about it appears that the petitioner neglected a certain factor, but that the species may generalized threats or identification of to include the first year of data from the be responding in a negative fashion, and factors that could negatively impact a time series analyzed by Danulat and then we assess the potential significance species do not constitute substantial Edgar (2002). Danulat and Edgar (2002) of that negative response. We had no information that listing may be analyzed handline catch data from the information in our files on M. warranted. We look for substantial M. olfax (bacalao) fishery in the albomaculatus numbers or threats to the information within the petition and Gala´pagos from 1997 through 2001. species. After evaluating the species- within our own files indicating that not While M. olfax was by far the most specific information presented in the only is the particular species exposed to abundant in this fishery, the fishery petition, we find that the petition does a certain factor, but that the species may captured five other species, including not present substantial scientific or be responding in a negative fashion, and M. albomaculatus. The catches of M. commercial information indicating that then we assess the potential significance albomaculatus were 12, 23, 16, 16, and listing may be warranted for M. of that negative response. No such 9.7 tonnes live weight in 1997, 1998, albomaculatus. information on these threats was 1999, 2000, and 2001, respectively. provided in the petition. Even if we use only the data from the Enneapterygius namarrgon However, the petitioner provides years 1998 through 2001, it is not clear According to the petitioner and the convincing evidence to support the how the petitioner arrived at an IUCN assessment for E. namarrgon, this assertion that the second approximately 70-percent decline from coastal species is endemic to the bauxite (overutilization), fourth (inadequacy of 1998 through 2001. Using the catches rocks of Gove Peninsula, south of Cape regulatory mechanisms), and fifth (other reported in Table 5 (p. 51) by Danulat Arnhem in the Northern Territory of natural or manmade factors) factors may and Edgar (2002), we come up with a Australia (Fricke et al., 2010). It is be affecting M. jordani in a negative 58-percent decline for this portion of the distributed across a very small area of way. The likelihood that M. jordani has time series. Regardless, the decline is approximately about 317 km2. The undergone a severe decline since the actually a 19-percent decline when the petition provides no population 1940s, combined with the high fishing entire time series is included, and 19 information or trend information. pressure, the lack of regulatory percent does not seem to represent a The petitioner asserts that bauxite is mechanisms to control this fishing substantial decline. In fact, Danulat and the most important aluminum ore and pressure, and the species’ habit of Edgar (2002) speculated that the warmer over 85 percent of the bauxite mined

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globally is converted to alumina for the scientific or commercial information Dated: February 18, 2014. production of aluminum metal. Further, indicating the petitioned action may be Samuel D. Rauch III, Australia is the world’s leading warranted for 5 of the 10 species of Deputy Assistant Administrator for producer of bauxite, accounting for 36 skates, and rays and 5 of the 15 species Regulatory Programs, National Marine percent of world production, and this of bony fishes, and we hereby announce Fisheries Service. mine contains the highest-grade bauxite the initiation of a status review for each [FR Doc. 2014–03942 Filed 2–21–14; 8:45 am] deposits in the world. The petitioner of these species to determine whether BILLING CODE 3510–22–P also notes that it is predicted that the the petition action is warranted. These resource life for existing bauxite 5 skates and rays are Bathyraja operations is around 70 to 75 years. DEPARTMENT OF COMMERCE griseocauda, Raja undulata, Rhinobatos There are currently no species-specific cemiculus, R. horkelii, and R. conservation measures in place for this National Oceanic and Atmospheric species. rhinobatos, and the 5 bony fishes are Administration Latimeria chalumnae, Pterapogon The petitioner provides no RIN 0648–XD095 information on whether and how E. kauderni, Scarus trispinosus, namarrgon is being affected by bauxite Mycteroperca fusca, and Mycteroperca Fisheries of the South Atlantic; South mining. As stated previously, broad jordani. Atlantic Fishery Management Council; statements about generalized threats or Information Solicited Public Meeting identification of factors that could negatively impact a species do not To ensure that the status review is AGENCY: National Marine Fisheries constitute substantial information that based on the best available scientific Service (NMFS), National Oceanic and listing may be warranted. Further, we and commercial data, we are soliciting Atmospheric Administration (NOAA), Commerce. do not necessarily consider a lack of information relevant to whether the 10 species-specific protections as a threat species we believe may be warranted for ACTION: Meeting of the South Atlantic to the species or even problematic in all listing (Bathyraja griseocauda, Raja Fishery Management Council (SAFMC) cases. We look for substantial undulata, Rhinobatos cemiculus, R. Oculina Experimental Closed Area information within the petition and Evaluation Team. horkelii, R. rhinobatos, Latimeria within our own files indicating that not only is the particular species exposed to chalumnae, Pterapogon kauderni, SUMMARY: The Oculina Experimental a certain factor, but that the species may Scarus trispinosus, Mycteroperca fusca, Closed Area Evaluation Team will be responding in a negative fashion, and and Mycteroperca jordani) are discuss the Oculina Experimental then we assess the potential significance threatened or endangered. Specifically, Closed Area via webinar and a series of of that negative response. We had no we are soliciting information, including breakout sessions. See SUPPLEMENTARY information in our files on E. namarrgon unpublished information, in the INFORMATION. numbers or threats to the species. After following areas: (1) Historical and DATES: The webinar will be held on evaluating the species-specific current distribution and abundance of Wednesday, March 12, 2014 from 1 p.m. information presented in the petition, each species throughout its range; (2) until 4 p.m., and the breakout sessions we find that the petition does not historical and current population will occur during the timeframe of present substantial scientific or trends; (3) life history information; (4) March 13 through March 20, 2014. commercial information indicating that data on trade of these species, including ADDRESSES: listing may be warranted for E. products such as fins and notochords; Meeting address: The meeting will be namarrgon. (5) historical and current data on catch, held via webinar. The webinar is open Petition Finding bycatch, retention, and discards in to members of the public. Those fisheries; (6) ongoing or planned efforts After reviewing the information interested in participating should contained in the petition, as well as to protect and restore these species and contact Anna Martin at the SAFMC (see information readily available in our their habitats; (7) any current or planned FOR FURTHER INFORMATION CONTACT files, including the sections of the activities that may adversely impact below) to request an invitation petition applicable to all of the these species; and (8) management, providing webinar access information. petitioned species as well as the regulatory, and enforcement Please request webinar invitations at species-specific information, we information. We request that all least 24 hours in advance of the conclude the petition in its entirety does information be accompanied by: (1) webinar. not present substantial scientific or Supporting documentation such as Council address: South Atlantic commercial information indicating the maps, bibliographic references, or Fishery Management Council, 4055 petitioned action may be warranted for reprints of pertinent publications; and Faber Place Drive, Suite 201, N. 5 of the 10 species of skates and rays (2) the submitter’s name, address, and Charleston, SC 29405. (Dasyatis margarita, Electrolux any association, institution, or business FOR FURTHER INFORMATION CONTACT: addisoni, Okamejei pita, Pastinachus that the person represents. Anna Martin, Fishery Biologist; solocirostris, and Trygonorrhina telephone: (843) 571–4366; email: melaleuca), and 10 of the 15 species of References Cited [email protected]. bony fishes (Colpichthys hubbsi, SUPPLEMENTARY INFORMATION: A complete list of references is This Tomicodon abuelorum, Halichoeres webinar was to be held on February available upon request to the Office of socialis, Paraclinus magdalenae, 13th, however, due to adverse weather Protected Resources (see ADDRESSES). Paraclinus walkeri, Chaetodontoplus conditions, had to be rescheduled. The vanderloosi, Azurina eupalama, Authority original notice published in the Federal Argyrosomus hololepidotus, Paralabrax Register on January 27, 2014 (79 FR albomaculatus, and Enneapterygius The authority for this action is the 4335). namarrgon). However, as described Endangered Species Act of 1973, as The Evaluation Team is comprised of above, we find that there is substantial amended (16 U.S.C. 1531 et seq.). law enforcement representatives,

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