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the Tariff Act of 1930, as amended (the During this sunset review period, DEPARTMENT OF COMMERCE Act). As a result of its reviews, the there was one scope ruling completed Department determined that revocation between October 1, 2011, and December National Oceanic and Atmospheric of the AD orders from the PRC and India 31, 2011.7 The scope ruling was Administration would likely lead to continuation or requested by Petitioners. On October 14, [Docket No. 150904820–5820–01] recurrence of dumping and that 2011, we determined that finished revocation of the CVD order from India carbazole violet pigment exported from RIN 0648–BF34 would likely lead to continuation or Japan, made from crude carbazole violet recurrence of net countervailable Endangered and Threatened Species; pigment from India, is within the scope Determination on the Designation of subsidies. Therefore, the Department of the CVD Order. notified the ITC of the magnitude of the Critical Habitat for Three Scalloped margins and the subsidy rates likely to Continuation of the Orders Hammerhead Shark Distinct prevail should the orders be revoked, Population Segments As a result of the determinations by pursuant to sections 751(c)(1) and AGENCY: National Marine Fisheries 4 the Department and the ITC that 752(b) and (c) of the Act. Service (NMFS), National Oceanic and On November 6, 2015, the ITC revocation of the AD orders would likely lead to a continuation or Atmospheric Administration (NOAA), published its determination that Commerce. revocation of the AD order on CVP–23 recurrence of dumping and material injury to an industry in the United ACTION: Notice of critical habitat from India and the PRC would likely determination. lead to continuation or recurrence of States and revocation of the CVD order material injury to an industry in the would likely lead to continuation or SUMMARY: We, NMFS, find that there are United States within a reasonably recurrence of countervailable subsidies no marine areas within the jurisdiction foreseeable time, pursuant to section and material injury to an industry in the of the United States that meet the 751(c) of the Act.5 United States. Pursuant to section definition of critical habitat for the 75l(d)(2) of the Act and 19 CFR Scope of the Order Central and Southwest (Central & SW) 351.218(a), the Department hereby Atlantic Distinction Population Segment The merchandise subject to this orders the continuation of the AD orders (DPS), Indo-West Pacific DPS, or Eastern countervailing duty order is CVP–23 on CVP–23 from India and the PRC, and Pacific DPS of scalloped hammerhead identified as Color Index No. 51319 and the CVD order on CVP–23 from India. shark. Based on a comprehensive review Chemical Abstract No. 6358–30–1, with U.S. Customs and Border Protection will of the best available scientific and the chemical name of diindolo [3,2- continue to collect AD and CVD cash commercial data for use in the b:3′,2′-m] 6 triphenodioxazine, 8,18- deposits at the rates in effect at the time identification of critical habitat, we find dichloro-5, 15-diethy-5, 15-dihydro-, of entry for all imports of subject that there are no identifiable physical or and molecular formula of merchandise. biological features that are essential to C34H22Cl2N4O2. The subject merchandise the conservation of these scalloped The effective date of the continuation includes the crude pigment in any form hammerhead DPSs and found within of the AD order and CVD order will be (e.g., dry powder, paste, wet cake) and areas under U.S. jurisdiction, or any finished pigment in the form of the date of publication in the Federal areas outside of the geographical area presscake and dry color. Pigment Register of this notice of continuation. occupied by the listed DPSs under U.S. dispersions in any form (e.g., pigments Pursuant to section 751(c)(2) of the Act jurisdiction that are considered essential dispersed in oleoresins, flammable and 19 CFR 351.218(c)(2), the to their conservation. As such, we find solvents, water) are not included within Department intends to initiate the next that there are no specific areas under the the scope of the investigation. The five-year review of these orders not later jurisdiction of the United States that merchandise subject to this than 30 days prior to the fifth meet the definition of critical habitat. countervailing duty order is classifiable anniversary of the effective date of this DATES: This finding is made on under subheading 3204.17.9040 of the continuation notice. November 17, 2015. Harmonized Tariff Schedule of the These five-year sunset reviews and ADDRESSES: Electronic copies of the United States (HTSUS). Although the this notice are in accordance with determination, list of references and HTSUS subheadings are provided for section 751(c) and 751(d)(2) of the Act supporting documents prepared for this convenience and customs purposes, our and published pursuant to section action are available from the NMFS written description of the scope of this 777(i)(1) of the Act and 19 CFR Office of Protected Resources Web site order is dispositive. 351.218(f)(4). at http://www.fisheries.noaa.gov/pr/ Dated: November 9, 2015. species/fish/scalloped-hammerhead- Pigment 23 From India, 69 FR 77995, (December 29, shark.html. 2004). Paul Piquado, 4 See Carbazole Violet Pigment 23 From India and Assistant Secretary for Enforcement and FOR FURTHER INFORMATION CONTACT: the People’s Republic of China: Final Results of Maggie Miller, NMFS, Office of Expedited Second Sunset Reviews of Antidumping Compliance. Duty Orders, 80 FR 46955, (August 6, 2015) and [FR Doc. 2015–29361 Filed 11–16–15; 8:45 am] Protected Resources, (301) 427–8403. Carbazole Violet Pigment 23 From India: Final SUPPLEMENTARY INFORMATION: Results of Expedited Second Sunset Review of the BILLING CODE 3510–DS–P Countervailing Duty Order, 80 FR 47462, (August 7, Background 2015). 5 See Carbazole Violet Pigment 23 From China On July 3, 2014, we published a final and India; Determinations, 80 FR 68878 (November rule to list the Central and Southwest 6, 2015). (Central & SW) Atlantic Distinct 6 The bracketed section of the product Population Segment (DPS) and the Indo- description, [3,2-b:3′,2′-m], is not business proprietary information. In this case, the brackets West Pacific DPS of scalloped are simply part of the chemical nomenclature. See 7 See Notice of Scope Rulings, 77 FR 38767 (June hammerhead shark (Sphyrna lewini) as December 4, 2003, amendment to petition at 8. 29, 2012). threatened species under the

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Endangered Species Act (ESA), and the sharks, refer to the status review report The scalloped hammerhead shark is a Eastern Atlantic DPS and Eastern Pacific (Miller et al. 2014) and the proposed high trophic level predator (trophic DPS of scalloped hammerhead sharks as and final listing rules (78 FR 20717, level = 4.1; Corte´s 1999) and endangered species under the ESA (79 April 5, 2013; 79 FR 38213, July 3, opportunistic feeder with a diet that FR 38213). Section 4(b)(6)(C) of the ESA 2014). includes a wide variety of teleosts, requires the Secretary of Commerce Scalloped Hammerhead Shark Biology cephalopods, crustaceans, and rays (Secretary) to designate critical habitat and Status (Compagno 1984; Bush 2003; Ju´ nior et concurrently with making a al. 2009; Noriega et al. 2011). In terms determination to list a species as The following discussion of the life of reproduction, the scalloped threatened or endangered unless it is history and status of the scalloped hammerhead shark is viviparous (i.e., hammerhead shark DPSs is based on the not determinable at that time, in which gives birth to live young), with a best scientific data available, including case the Secretary may extend the gestation period of 9–12 months the Scalloped Hammerhead Shark deadline for this designation by 1 year. (Branstetter 1987; Stevens and Lyle Status Review Report (Miller et al. At the time of listing, we concluded that 1989), which may be followed by a one- critical habitat was not determinable at 2014). All hammerhead sharks belong to the year resting period (Liu and Chen 1999). that time because: (1) Sufficient Females attain maturity around 200–250 information was not currently available family Sphyrnidae and are classified as ground sharks (Order cm total length (TL) while males reach to assess impacts of designation; and (2) maturity at smaller sizes (range 128–200 sufficient information was not currently Carcharhiniformes). Most hammerheads, including the scalloped cm TL). Parturition may be partially available regarding the physical and seasonal (Harry et al. 2011), with biological features essential to hammerhead shark, belong to the Genus Sphyrna. The hammerhead sharks are neonates present year round but with conservation. We announced our recognized by their laterally expanded abundance peaking during the spring intention to consider critical habitat for head that resembles a hammer, hence and summer months (Duncan and the Central & SW Atlantic, Indo-West the common name ‘‘hammerhead.’’ The Holland 2006; Adams and Paperno Pacific, and Eastern Pacific DPSs in a scalloped hammerhead shark (Sphyrna 2007; Bejarano-A´ lvarez et al. 2011; separate rulemaking, and we requested lewini) is distinguished from other Harry et al. 2011; Noriega et al. 2011). relevant information from interested hammerheads by a marked central Females move inshore to birth, with persons to help us: (1) Identify and indentation on the anterior margin of litter sizes anywhere between 1 and 41 describe the physical and biological the head, along with two more live pups. Observed maximum sizes for features essential to the conservation of indentations on each side of this central male scalloped hammerheads range the scalloped hammerhead DPSs; and indentation, giving the head a from 196–321 cm TL, with the oldest (2) assess the economic consequences of ‘‘scalloped’’ appearance. male scalloped hammerhead estimated designating critical habitat for the DPSs. Scalloped hammerhead sharks can be at 30.5 years (Piercy et al. 2007). We solicited input from government found in coastal warm temperate and Observed maximum sizes for female agencies, the scientific community, tropical seas worldwide. They occur scalloped hammerheads range from industry and any other interested party over continental and insular shelves, as on features and areas that may meet the 217–346 cm TL, with the oldest female well as adjacent deep waters, but are scalloped hammerhead estimated at definition of critical habitat for the DPSs ° seldom found in waters cooler than 22 31.5 years (Kotas et al. 2011). that occur in U.S. waters or territories, C (Compagno 1984; Schulze-Haugen but we did not receive any response to and Kohler 2003). These sharks range Based on the genetic diversity among this solicitation. Subsequently we from the intertidal and surface to depths subpopulations, geographic isolation, researched, reviewed, and compiled the of up to 450–512 m (Sanches 1991; and differences in international best available scientific and commercial Klimley 1993), with occasional dives to regulatory mechanisms, we identified data available to be used in the even deeper waters (Jorgensen et al., six DPSs of scalloped hammerhead identification of critical habitat for the 2009). They have also been documented sharks that are both discrete and Central & SW Atlantic, Indo-West entering enclosed bays and estuaries significant to the taxon as a whole. The Pacific, and Eastern Pacific DPSs. (Compagno 1984). six scalloped hammerhead shark DPSs, However, as discussed below, based on Both juveniles and adult scalloped which comprise the global population, these data we find that there are no hammerhead sharks occur as solitary are: (1) Northwest Atlantic and Gulf of identifiable physical or biological individuals, pairs, or in schools. The Mexico DPS, (2) Central & SW Atlantic features that are essential to the schooling behavior has been DPS, (3) Eastern Atlantic DPS, (4) Indo- conservation of the scalloped documented during summer migrations West Pacific DPS, (5) Central Pacific hammerhead DPSs and found within off the coast of South Africa as well as DPS, and (6) Eastern Pacific DPS. All areas under U.S. jurisdiction. As such, in permanent resident populations, like scalloped hammerhead sharks are both we find that there are no marine areas those in the East China Sea (Compagno targeted and taken as bycatch in many within U.S. jurisdiction that meet the 1984). Adult aggregations are most global fisheries, with their fins a definition of critical habitat. common offshore over seamounts and primary product for international trade. This finding describes information on near islands, whereas neonate and However, the exploitation by the biology, distribution, and habitat use juvenile aggregations are more common commercial and artisanal fisheries and of scalloped hammerhead sharks and in nearshore nursery habitats lack of adequate regulatory mechanisms, the methods used to identify areas that (Compagno 1984; Duncan and Holland combined with the species’ biological may meet the definition of critical 2006; CITES 2010; Hearn et al. 2010; vulnerability to depletion, has led to habitat. In this determination, we focus Bejarano-A´ lvarez et al. 2011; Bessudo et declines of the Eastern Atlantic, Eastern on those aspects directly relevant to the al. 2011). It has been suggested that Pacific, Central & SW Atlantic, and designation of critical habitat for juveniles inhabit these nursery areas for Indo-West Pacific DPSs to the point scalloped hammerhead sharks. For more up to or more than a year, as they where the Eastern Atlantic and Eastern detailed information on the biology and provide valuable refuges from predation Pacific DPSs are presently in danger of habitat use of scalloped hammerhead (Duncan and Holland 2006). extinction and the Central & SW

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Atlantic and Indo-West Pacific are likely latitude south to northern Peru, around only one scalloped hammerhead shark to become so in the foreseeable future. 4°S latitude. We characterize this has been observed in southern geographical area as the ‘‘core range’’ or California waters, caught on video by Critical Habitat Identification and occupied area of the DPS (where one spear fishermen off Anacapa Island, Designation would most likely observe scalloped Channel Islands in October of 2014 Critical habitat is defined by section hammerhead sharks). This core range is (Galante 2014). The observed scalloped 3 of the ESA as: ‘‘(i) the specific areas entirely outside of U.S. jurisdiction. hammerhead sharks consist of adult within the geographical area occupied However, individuals of the species female and juvenile sharks, suggesting by the species, at the time it is listed have been documented north and south that during strong El Nin˜ o events, the . . ., on which are found those physical of these core range boundary lines, but species may use southern California or biological features (I) essential to the rarely and usually only during specific waters as pupping and nursery grounds. conservation of the species and (II) weather events. These observations The last strong (≥1.5°C SST) El Nin˜ o which may require special management primarily occur during strong El Nin˜ o event to occur was in 1997–1998. Since considerations or protection; and (ii) events, defined as a positive sea surface then, there have been a number of weak specific areas outside the geographical temperature (SST) departure from (0.5 to 0.9°C SST anomaly) and area occupied by the species at the time normal greater than or equal to +1.5°C moderate (1.0 to 1.4°C SST anomaly) El it is listed . . . upon a determination by for 5 consecutive 3-month running Nin˜ o events, but based on the the Secretary that such areas are mean SSTs, and represent an observational data, these events do not essential for the conservation of the opportunistic northward displacement appear to transform the southern species.’’ This definition provides a of the species (Siegel 1987; Shane 2001). California waters into occupiable habitat step-wise approach to identifying areas It is important to note that these strong for the species. that may qualify as critical habitat for El Nin˜ o events are only identified as Similarly, in the central-south eastern the listed scalloped hammerhead shark such after they have already occurred Pacific, off the coasts of Peru and Chile, DPSs: (1) Determine the geographical (since they are based on 3-month scalloped hammerhead observations are area occupied by the species at the time running averages), and, as such, are rare and also seem to be correlated with of listing; (2) identify physical or difficult to forecast. There is no El Nin˜ o events. A single reference to the biological habitat features essential to information that the areas off southern occurrence of the species in waters of the conservation of the species; (3) California and areas north, and off Peru Peru points to the presence of the delineate specific areas within the and Chile, are now or were historically species off Puerto Pizzaro in 1998, geographical area occupied by the used as habitat for the species. Given which is located in northern Peru, very species on which are found the physical the amount of fishing effort as well as close to the border of Ecuador (Love et or biological features; (4) determine the human population density in these al. 2005). As mentioned previously, whether the features in a specific area regions, it is highly unlikely that 1997–1998 registered as a strong El Nin˜ o may require special management substantial concentrations of scalloped event, bringing much warmer waters to considerations or protection; and (5) hammerhead sharks would have passed the eastern Pacific, and especially off determine whether any unoccupied unnoticed. As such, we consider these the coast of Peru. This could explain the areas are essential for conservation. Our areas outside of the core range to be observation of the species in 1998, as, evaluation and conclusions as we used solely by vagrants (individuals that since then, no other observations of the species in the waters off Peru have been worked through this step-wise process occur outside of their normal range) and reported. In a recent paper that are described in detail in the following only during rare weather events that are examined shark landings in Peru from sections. difficult to forecast. Below we provide 1996–2010, the authors found no further information on the occupation Geographical Area Occupied by the records of scalloped hammerhead and use of these areas to support this Species sharks (Gonzalez-Pestana et al. 2014). We have interpreted ‘‘geographical conclusion. In Chile, the first record of the species area occupied’’ in the definition of In southern California waters (which is from 2006 and is based on the genetic critical habitat as the range of the are under U.S. jurisdiction), the first identification of three dried shark fins species at the time of listing (45 FR verified observation of a scalloped that were stored in a commercial 13011; February 27, 1980). Further, our hammerhead shark was in 1977 (Fusaro warehouse for export to the regulations at 50 CFR 424.12(h) state: and Anderson 1980). Since then, international market (Sebastian et al. ‘‘Critical habitat shall not be designated observations have been sporadic and 2008). It is unclear where these within foreign countries or in other only associated with unusually warm scalloped hammerhead sharks were areas outside of United States water, as occurs during El Nin˜ o caught, but the authors suggest that jurisdiction.’’ The distribution of the Southern Oscillation (ENSO) events. many of the pelagic sharks are caught by Eastern Atlantic DPS of scalloped Based on the available information, we the artisanal and industrial swordfish hammerhead shark is found entirely in found confirmation of 26 scalloped fisheries operating in Chile’s exclusive waters outside of U.S. jurisdiction. As hammerhead individuals in southern economic zone (EEZ), and by the such, we cannot designate critical California waters since 1977 (Fusaro nearshore artisanal fisheries operating habitat for the Eastern Atlantic DPS and and Anderson 1980; Siegel 1985; Lea in north-central Chile. The sharks are will focus the following discussion on and Rosenblatt 2000; Shane 2001; generally landed at Coquimbo (29°579 the other three listed scalloped Galante 2014). The majority of these S, 71°209 W); however, the authors hammerhead DPSs: Eastern Pacific DPS, observations occurred immediately obtained the three scalloped Central & SW Atlantic DPS, and Indo- before, during, and following the strong hammerhead shark fins from a storage West Pacific DPS. 1997–1998 ENSO event (Lea and warehouse in the town of Paico, in Rosenblatt 2000; Shane 2001). Between central Chile. This remains the only Eastern Pacific DPS 1997 and 1999, 19 young-of-the-year record of the species from Chile. The Eastern Pacific DPS generally (YOY) (<100 cm TL) scalloped Although the origin of the scalloped occurs off the coasts of Mexico and hammerhead sharks were caught in San hammerhead sharks is uncertain, there within the Gulf of California, from 32°N Diego Bay (Shane 2001). Since 1999, was a weak El Nin˜ o event that occurred

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at the end of 2006 and could possibly could help clarify or support the species of hammerhead sharks are noted explain the occurrence of these three anecdotal reports. Similarly, Salt River as occurring in these waters, with the sharks in Chilean waters at that time. Canyon off St. Croix’s north shore was great hammerhead shark described as However, given the extremely rare also noted as a diving spot for seeing the ‘‘common,’’ we cannot assume that the occurrence of the species in waters off ‘‘occasional’’ large hammerhead, but anecdotal reports of hammerhead sharks Peru and Chile, even during El Nin˜ o species was not identified (N2Theblue specifically refer to scalloped events, these areas do not likely contain 2014). The scalloped hammerhead shark hammerhead sharks. As such, we habitat for the species. is included in St. Croix’s checklist of consider the waters under U.S. For the foregoing reasons, we find that marine and inland fishes based only on jurisdiction within the Central & SW the geographical area occupied by the records of two individuals that were Atlantic DPS range to be unoccupied Eastern Pacific DPS at the time of ESA caught as bycatch in 1991 during fishing areas at the time of listing. listing is the previously-defined core operations for bigeye scad (Tobias 1991; Indo-West Pacific DPS range of the species, which extends over Smith-Vaniz and Jelks 2014). We also a broad area of the Eastern Pacific received a photo of a hammerhead shark The geographic range of the Indo- Ocean. Specifically, the geographical from a researcher conducting a longline West Pacific DPS includes all coastal area occupied by the Eastern Pacific shark survey in the area, but upon and oceanic waters from 40° N. latitude DPS includes all coastal and oceanic inspection identified the shark as a great to 36° S. latitude, and follows the waters between 32°N and 4°S latitude, hammerhead (E. Kadison, pers. comm. boundary lines designated for this DPS. and follows the boundary lines of the 2015). In fact, the great hammerhead Although this range covers the DPS for longitude from 140° W to 150° shark is noted as a ‘‘common Caribbean territorial waters of Guam, W. We find that the geographical areas species’’ in these waters, often found Commonwealth of the Northern Mariana outside of this delineation where inshore and around coral reefs (Smith- Islands (CNMI), American Samoa, and scalloped hammerhead sharks have Vaniz and Jelks 2014), and thus may the Pacific Remote Island Areas (PRIAs), been observed (i.e., areas off California, likely be the species observed in the there is very little information on the Peru and Chile) are used solely by above anecdotal reports. occurrence, distribution, or use of vagrant individuals and only during rare In waters off Puerto Rico, we found no habitat by the scalloped hammerhead weather events and, as such, are not information on the present distribution shark within these waters at the time of identified as geographical areas or habitat use of scalloped hammerhead listing. Most of the available occupied by the Eastern Pacific DPS at sharks. The only information indicating information is based on personal the time of listing. Given these findings, the species’ historical occurrence in observations and anecdotal reports of we conclude that there are no Puerto Rican waters is its inclusion in the species. In Guam, anecdotal reports geographical areas occupied by the a 1974 technical report that provides the suggest that Apra Harbor may have been Eastern Pacific DPS that are within the common names of fishes in Puerto Rico used as a pupping ground for scalloped jurisdiction of the United States at the (Erdman 1974; revised in 1983). hammerhead sharks, based on the time of listing. Similarly, the presence and distribution observed presence of young scalloped of scalloped hammerhead sharks in the hammerhead sharks in Sasa Bay over a Central & Southwest Atlantic DPS Navassa Island National Wildlife Refuge decade ago (D. Burdick, Research The geographic range of the Central & are unknown. In 1998, seven scalloped Associate, University of Guam, personal SW Atlantic DPS includes all coastal hammerhead sharks were caught in the communication 2015). Over the time and oceanic waters from 28° N. latitude refuge during an exploratory longline period of 1982–2004, a NMFS scientist to 36° S. latitude, following the fish research survey conducted by working in Guam indicated that he boundary lines designated for this DPS. NMFS scientists (Grace et al. 2000), personally observed and caught juvenile Although this range covers the indicating its past occurrence in these and adult scalloped hammerhead sharks territorial waters of Puerto Rico and the waters. A number of more recent NOAA in Apra Harbor (specifically the channel U.S. Virgin Islands (USVI), as well as surveys have been conducted in the that connects the inner harbor and Sasa the Navassa Island National Wildlife Navassa Island National Wildlife Bay) and observed juveniles near Refuge, there is little to no available Refuge; however, these surveys have northern Piti, the Pago Bay river mouth, information on the occurrence or focused on the nearshore reef habitat and the Ylig River mouth, and adults distribution of the scalloped and fish assemblages and do not report outside of Pago Bay and Tarague Beach hammerhead shark within these waters any observations of scalloped (G. Davis, Assistant Regional at the time of listing. hammerhead sharks (Miller 2003; Piniak Administrator for Habitat Conservation, Smooth, scalloped, and great et al. 2006). As such, we have no NMFS, personal communication 2015). hammerhead sharks are noted as information on the present occurrence More recent observations, from Dr. historically occurring in USVI and of the species in the Navassa Island Terry Donaldson (Professor, University Puerto Rican waters. In terms of habitat National Wildlife Refuge. of Guam), suggest that adults may use around the USVI, personal Based on the foregoing information, periodically use Apra Harbor. He noted communication (from E. Kadison, we cannot establish if the geographical that he has personally observed them, Ecology Laboratory Specialist, area occupied by the listed Central & albeit only very rarely over the past few University of the Virgin Islands) SW Atlantic DPS includes any areas years, in Apra Harbor and the inner suggests that Magens Bay, St. Thomas, under the jurisdiction of the United harbor. The sharks occurred as solitary may be a breeding ground for States. Although scalloped hammerhead individuals (not schools), and he hammerheads, based on anecdotal sharks have been included in historical detailed one observation of a large adult reports of large aggregations found in checklists or observed in fish surveys feeding on a fish in the inner harbor. He the bay; however, the species of the conducted over 15 years ago, we have also noted that neither he nor his hammerheads within Magens Bay was no information to indicate that the technicians have observed any juveniles unknown (E. Kadison, personal species was present in the territorial in Apra Harbor over the last few years. communication, 2015). We could find waters of Puerto Rico, USVI, or the In terms of occurrence around the no other information on the use of Navassa Island National Wildlife Refuge PRIAs, we received personal Magens Bay by hammerhead sharks that at the time of listing. Because all three communication from NMFS research

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scientists that they have observed and U.S. jurisdiction off Guam, the PRIAs, population growth: (1) Feeding, (2) recorded scalloped hammerhead sharks and American Samoa, and we consider pupping, (3) migration, and (4) around the islands as recently as 2012 the geographical areas occupied by the breeding. In the following section, we (I. Williams, Research Fish Biologist, Eastern Pacific and Central & SW evaluate whether there are physical and NMFS; K. Lino, Marine Ecosystems Atlantic DPSs at the time of listing to biological features of the habitat areas Research Coordinator, NMFS; personal not include any waters under U.S. known or thought to be used for these communication 2014). Since 2000, jurisdiction. behaviors that are essential to the NMFS scientists have conducted tow species’ conservation because they Physical or Biological Features diver surveys every 3 years at the PRIAs, facilitate or are intimately tied to these Essential for Conservation during which they are at each island for behaviors and, hence, support the life- 3–5 days surveying the reef. The survey Within the geographical area history needs of the species. Because method consists of two divers pulled occupied by an endangered or these behaviors are essential to the behind a vessel surveying for large fish threatened species at the time of listing, species’ conservation, facilitating or (>50 cm TL) and also looking at the critical habitat consists of specific areas protecting each one is considered a key benthic habitat of the islands’ fore reefs on which are found those physical or conservation objective for any critical from 30–60 feet (9.1 m–18.3 m) depths. biological features essential to the habitat designation for this species. According to their observations and conservation of the species (hereafter The Physical and Biological Features of records, schools of adult scalloped also referred to as ‘‘essential features’’) Foraging Habitat That Are Essential to hammerhead sharks are most commonly and that may require special the Conservation of the Species observed at Jarvis and Baker Islands, management considerations or although adult individuals tend to be protection. Section 3 of the ESA (16 Scalloped hammerhead sharks are observed daily at many of the islands U.S.C. 1532(3)) defines the terms opportunistic predators, with a high during the survey period. No juveniles ‘‘conserve,’’ ‘‘conserving,’’ and degree of trophic plasticity (Torres-Rojas have been recorded during these ‘‘conservation’’ to mean: ‘‘to use and the et al. 2006; Rojas et al. 2014). They feed surveys. use of all methods and procedures on a wide range of teleosts, crustaceans, In addition, these NMFS scientists, which are necessary to bring any and cephalopods (Klimley 1987; Torres- who survey at more than 50 U.S.- endangered species or threatened Rojas et al. 2006; Junior et al. 2009; affiliated islands, atolls, and reefs, have species to the point at which the Hussey et al. 2011). As juveniles, when never recorded scalloped hammerheads measures provided pursuant to this they occur primarily in inshore and in American Samoa, Guam, or CNMI chapter are no longer necessary.’’ shallow coastal waters, their diet is a while conducting these reef surveys. Further, our regulations at 50 CFR reflection of their habitat and consists of Corroborating these observations, 424.12(b) for designating critical habitat small reef fish and crustaceans. For fishery observer data from 2006–2010 state that physical and biological example, in Ka¯ne’ohe Bay, a coastal bay indicate that scalloped hammerhead features that are essential to the of Hawaii consisting of a shallow reef, sharks are also rarely observed caught in conservation of a given species and that YOY scalloped hammered sharks (47–84 the American Samoa longline fishery, may require special management cm TL) were observed feeding mainly which primarily operates within the considerations or protection may on scarids and gobioids abundant U.S. EEZ around American Samoa include: (1) Space for individual and around the reef (Clarke 1971). The (Simmonds 2014). We could find no population growth, and for normal species of gobioids were characterized information on the present occurrence behavior; (2) food, water, air, light, as ‘‘rather ubiquitous and found in a or distribution of scalloped minerals, or other nutritional or variety of habitats in the bay’’ (Clarke hammerhead sharks around CNMI. physiological requirements; (3) cover or 1971). For those YOY that were The above information gives us shelter; (4) sites for breeding, captured in a part of the bay confirmation of the past and perhaps reproduction, rearing of offspring, characterized by dead and silted reefs present occurrence of the species in U.S. germination, or seed dispersal; and and an absence of reef fish, stomach waters within the range of the Indo- generally, (5) habitats that are protected analysis showed that these sharks West Pacific DPS. Specifically, at the from disturbance or are representative of primarily foraged on crustaceans time of listing, the geographical areas the historic geographical and ecological (principally alpheids), suggesting the occupied by the Indo-Pacific DPS likely distributions of a species. species, even at a young age, is not include waters off Guam and the PRIAs. For scalloped hammerhead shark limited in its foraging habits but rather Although observations of scalloped DPSs, we define conservation as the use adapts to its present habitat and feeds hammerhead sharks in American Samoa of all methods and procedures necessary on whatever prey is available (Clarke waters are rare, they still occur and, to bring scalloped hammerhead sharks 1971). Similarly, in an analysis of thus, we cannot rule out that habitats in to the point at which factors related to stomach contents from 556 juvenile S. these waters were being used, at least population ecology and vital rates lewini, ranging from 48–160 cm TL, periodically, at the time of listing. indicate that the population is recovered Torres-Rojas et al. (2006) identified 87 However, given the severe lack of in accordance with the definition of prey species and concluded that S. information about or observations of recovery in 50 CFR 402.02. Important lewini is a generalist, un-selective scalloped hammerhead sharks within factors related to population ecology feeder, with the type and amount of waters of CNMI, we cannot conclude and vital rates include population size prey consumed by the juvenile sharks that this area was occupied by the and trends, range, distribution, age primarily determined by abundance and species at the time of listing. structure, gender ratios, age-specific availability. survival, age-specific reproduction, and The species is also thought to undergo Conclusion lifetime reproductive success. Based on an ontogenetic change in feeding habits. Based on the information above, we the available knowledge of scalloped This change is estimated to occur when consider the geographical area occupied hammerhead shark population ecology the species reaches sizes of around 100 by Indo-West Pacific DPS of the and life history, we have identified four cm TL (Klimley 1987; Torres-Rojas et al. scalloped hammerhead shark at the time biological behaviors that are critical to 2006; Kotas et al. 2012; Rojas et al. of listing to include the waters under the goal of increasing survival and 2014). Generally, as the sharks become

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larger, they begin to venture into achieving maturity at similar ages as important prey item for adult scalloped neighboring deep-water habitats to feed their male counterparts (Klimely 1987). hammerhead sharks. Deep-water squid on the larger pelagic fishes and squid. Although little is known regarding the species recorded in the stomachs of In their analysis, Torres-Rojas et al. foraging behavior of adults, based on scalloped hammerhead sharks include: (2006) noted that scalloped tracking and diet studies, it is thought Ancistrocheirus lesueuri (Orbigny), hammerhead sharks <100 cm TL in the that adults (and sub-adult females that Mastigoteuthis sp., Moroteuthis robustus southern Gulf of California, Mexico, fed have already migrated offshore) tend to (Verrill), Dosidicus gigas (Orbigny) primarily on Loliolopsis diomedaea exhibit a diel feeding pattern (Ketchum (Klimley, 1987), Histioteuthis sp., (46.7 percent Index of Relative et al. 2014a, 2014b). During the day, Ommastrephes bartramii and Importance (IRI) in diet), a squid found sharks are observed refuging in large Cranchiidae (Junior et al. 2009). Many in shallow waters, whereas sharks >100 aggregations in shallow, nearshore of these cephalopod species have a wide cm TL had a diet consisting more of coastal areas, off islands, and over geographic distribution, moving carangid fishes (30.6 percent IRI) and seamount ridges (Klimley 1985; throughout the deep waters of the Abraliopsis affinis (33.9 percent IRI), a Ketchum et al. 2014a, 2014b). They tend ocean, and, as such, it would be difficult squid more commonly found in mid- to stay in a small core area, making to link these prey species to any depths and over continental shelves. occasional vertical dives through the ‘‘specific’’ areas within the oceanic Female scalloped hammerhead sharks mixed layer, and generally remaining geographic areas occupied by the are thought to undergo this ontogenetic above the thermocline in waters >23 °C scalloped hammerhead DPSs. shift in feeding habits at a smaller size (Bessudo et al. 2011; Ketchum et al. Overall, the best available information than males, transitioning from juvenile 2014a). These ‘‘refuge’’ areas tend to be indicates that scalloped hammerhead foraging grounds in shallow, nearshore located on the up-current side of islands sharks are opportunistic feeders. The waters to foraging in pelagic, deeper and also correspond to where the species, regardless of life stage, does not water habitat. As Klimley (1987) pelagic assemblage is richer and appear to be limited by foraging observed in the Gulf of California, represents lower-level trophic groups grounds, adapting to its present habitat Mexico, females ≤160 cm TL had a (such as trevally, pompano, and jacks) by feeding on whatever prey are higher percentage of pelagic prey and (Hearn et al. 2010; Bessudo et al. 2011; available. There does not appear to be much lower percentage of benthic prey Ketchum et al. 2014a; 2014b; K. Lino, a specific prey species that is required in their diet compared to males of pers. comm. 2014). One theory is that to be present in a habitat for successful similar sizes, consistent with this type this specific location on the island/ foraging to occur. Nor are there any of foraging behavior. Off the coast of seamounts, where the current splits to specific habitat characteristics that South Africa, Hussey (2011) observed flow around obstacles, may cause an appear to be intimately tied with that the diet signatures for female sharks area of entrainment, providing the feeding behavior. As such, we are hammerheads with a food source unable to identify any particular of 161–214 cm TL indicated prolonged upstream of the island (Hearn et al. physical or biological features of areas residence in offshore-pelagic waters (as 2010). Another theory is that the that facilitate successful foraging. While opposed to continental shelf habitats). interactions between abrupt, sloping the above information suggests that The diet signatures of males and females topography of seamounts and other scalloped hammerhead sharks may became similar only after male size bathymetrical features, and the impact aggregate in tropical waters, near increased to >214 cm TL. These findings of currents, tides, and internal waves, seamount ridges or productive coastal also seem to corroborate those from a may enhance fluxes of near-bottom food areas that face the impinging current, detailed tracking study of a juvenile particles, increasing abundance of these areas are thought to be used more female that was initially tagged in a benthic suspension feeders and further for refuging purposes as opposed to nearshore nursery ground (La Paz Bay, supporting higher densities of resident foraging habitats. Although these Mexico) (Hoyos-Padilla et al. 2014). The fish above seamounts (Mohn and refuging habitats may be linked to female was 95 cm TL when tagged and Beckmann 2002; Hearn et al. 2010). foraging activities, this is purely spent the next 8 months primarily in However, feeding has not been observed speculative. Additionally, the particular shallow waters (<50 m depths), close to at these refuge spots. Instead, it is physical or biological features of these shore and near the surface (Hoyos- thought that scalloped hammerheads refuging habitats that make them Padilla et al. 2014). However, towards may aggregate at these locations to preferential for scalloped hammerhead the end of the 10-month study period, reduce energy costs (these refuge spots aggregations are uncertain and their the shark was tracked making an are still areas of reduced currents importance to the life-history needs of increasing number of deeper dives, relative to offshore) at areas that may scalloped hammerhead sharks is between 150 to 250 m depths, indicating provide some degree of food availability unknown. Furthermore, no scalloped a transition to offshore waters (Hoyos- (with food-rich thermocline waters hammerhead sharks of the Central & SW Padilla et al. 2014). At the point of preferentially delivered to the up- Atlantic DPS or Eastern Pacific DPS recapture, 10 months later, the shark current side of the island) and other have been observed refuging or foraging had attained a size of 123 cm TL, which benefits (such as cleaning stations), but in the geographic areas under U.S. appears to fall within the estimated that work more as a central and vantage jurisdiction. The same holds true for the sizes above which juvenile females location for foraging excursions into Indo-West Pacific DPS, with the begin their ontogenetic migration open waters (Ketchum et al. 2014a, exception of a single, personal (Klimley 1987; Torres-Rojas et al. 2006; 2014b). Based on tracking data, it is observation of an adult scalloped Kotas et al. 2012; Rojas et al. 2014). thought that individuals leave the adult hammerhead shark feeding on a large Klimley (1987) suggests that this aggregations at night to forage as solitary mullet in the Inner Harbor of Guam (T. offshore migration occurs sooner for individuals in the neighboring deep- Donaldson, pers. comm. 2014). For the females, enabling them to achieve faster water pelagic habitats (Klimley and foregoing reasons, it is not possible to growth to reproductively-active sizes Nelson 1984, Klimley 1987, Klimley et identify any physical or biological through access to a greater abundance of al. 1988). Diet analysis shows that features related to foraging that are prey. This, in turn, translates to females cephalopods, in particular, constitute an essential to the conservation of the

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species, nor are there any ‘‘specific juveniles from predator visibility. which is characterized by mud and sand areas’’ that appear to be used for Behavioral observations in this nursery flats, neonates of S. lewini have also foraging purposes within waters under habitat show that juveniles tend to been caught, but this is a brief U.S. jurisdiction. refuge in aggregations during the day occurrence (Tobin et al. 2014). They near the bottom (between 0.5 m and 1.5 appear to only be present during the The Physical and Biological Features of summer, from October to January, in Pupping Habitat That are Essential to m off the bay floor) and in deeper areas depths typically <0.5 m, and thus are the Conservation of the Species of the bay (Holland et al. 1993). At night, juveniles tend to disperse, assumed to utilize this area as either Scalloped hammerhead sharks are possibly hunting where patch and transient short-term protection from known to give birth in warm tropical fringing reef walls meet the bay floor predators after birth or possibly for prey and temperate shallow, inshore waters. (Holland et al. 1993). resources (shrimp, small fishes), after The specific nursery habitat requisites Identified nursery habitats in other which the neonates disperse into the for such factors as temperature, depth, regions also appear to share many of the adjoining subtidal nursery area of and substrate, are highly variable. Below same characteristics as those physical Cleveland Bay (Tobin et al. 2014). This is a summary of the information on the and biological features of Ka¯ne′ohe Bay. migration may explain why more S. habitat characteristics of known For example, off the east coast of lewini YOY were observed in the scalloped hammerhead nursery areas, Australia, along the tropical northern southern portion of the Bay from identified as such based on the: (1) Queensland coastline, there are a February to July (Simpfendorfer and Common presence of neonates, YOY, number of primarily shallow (<15 m) Milward 1993). and juvenile scalloped hammerhead Apra Harbor, Guam, may also contain bays within which YOY scalloped sharks in the area, (2) long residency nursery habitat for the Indo-West Pacific hammerhead sharks of the Indo-West period of immature individuals in these DPS of scalloped hammerhead sharks, Pacific DPS have been observed areas (e.g., weeks, months, years), and but this supposition is based only on (Simpfendorfer et al. 2014). These bays (3) repeated usage of the area over the anecdotal observations of juvenile are protected seaward by the Great years by these age classes (Salmon- sharks in Sasa Bay and both adults and Barrier Reef and are also characterized Aguilar et al. 2009). juveniles in the channel connecting the by substrate that is dominated by silt Nursery habitats for scalloped inner Apra Harbor and Sasa Bay and mudflats or mangrove-lined hammerhead sharks are generally (personal communication, G. Davis and identified as shallow inshore areas, foreshores. The bays themselves tend to D. Burdick 2015). Sasa Bay, which is a including bays and estuaries. Ka¯ne′ohe vary in other factors, such as freshwater no-take marine reserve, is a shallow bay Bay in Hawaii, for example, is a well- input and seagrass abundance (0–11 m) that primarily consists of sand/ studied and confirmed nursery ground (Simpfendorfer et al. 2014). Young-of- mud substrate, with patch reefs in for scalloped hammerhead sharks (and the-year scalloped hammerheads have deeper water and a mangrove swamp is part of the range of the identified been observed in many of these bays that extends along the coastline. The Central Pacific DPS, for which we (including Moreton, Rockhingham, inner Apra Harbor has been extensively determined listing was ‘‘not warranted’’; Halifax, Cleveland, Bowling Green, modified through dredging, 78 FR 20717, April 5, 2013). Ka¯ne′ohe Upstart, Repulse), but their spatial construction activities, and landfills Bay is the largest bay in the Hawaiian distribution indicates a preference for undertaken by the U.S. Navy since 1945 Islands (61 km2), located on the some (e.g., Rockingham, Cleveland, (Smith et al. 2009). The inner Apra windward side of Oahu, and is Repulse) more than others Harbor now consists of a mud bottom of separated from the ocean by a large (Simpfendorfer and Millward 1993; uniform depth, high turbidity, and an barrier reef (0–3 m deep) (Clarke 1971). Taylor 2008; Simpfendorfer et al. 2014; abundance of planktonic and benthic There are also two channels that Australia Department of Environment suspension feeders (compared to other provide access to the ocean on either 2014). The specific aspects of these bays parts of the harbor) but also has a side of the bay, the North Channel (10 that make them more preferential as relatively untouched mangrove area at m deep) and the shallower Sampan nursery habitats over the others is not the mouth of the Atantano River. Depths Channel (3 m deep). Most of the bay is clear; although, based on information in the inner Apra Harbor range from 0– around 14 m deep, with the deepest from Simpfendorfer et al. (2014), these 11 m, with some deeper areas of 11–18 spots at around 19 m. It has a muddy/ bays receive a greater input of m (Smith et al. 2009). On the opposite silty bottom with temperatures ranging freshwater compared to some of the side of the island, the Pago Bay river from 20–30 °C. Patch reefs and small bays where scalloped hammerheads mouth has also been identified as an islands are interspersed throughout the have not been observed. In Cleveland area where juvenile scalloped bay. As mentioned above, the scalloped Bay, for example, freshwater flows from hammerhead sharks have been hammerhead population within this bay four creeks into the mangrove- observed. This area consists of a fringing has been studied for many years (Clarke dominated southern portion of the bay, reef flat, shallow depths (<10 m) and 1971; Holland et al. 1993; Duncan and causing significant drops in salinity in temperatures that range from around 16 Holland 2006). The juveniles show a the summer (from 39% to 36%) (Kinney to 34 °C (Tsuda 2004). Further preference for the southern end of the et al. 2011). This is also the part of the information about the habitat use of bay, which is characterized as being bay where large numbers of YOY scalloped hammerhead sharks that more turbid and estuarine than the other scalloped hammerheads have been could provide insight into the specific parts of the bay. In fact, females tend to recorded throughout the year in depths physical or biological features within drop the pups in the bay at the start of <5 m (Simpfendorfer and Milward these systems that support the life-needs the trade-wind season, which stirs up 1993). Other physical aspects of the bay of the species is unknown, with the only the bay and creates constantly turbid include silty substrates with mangrove- available information from general waters, allowing the juveniles to remain li