Federal Register / Vol. 81, No. 166 / Friday, August 26, 2016 / Proposed Rules 58895

www.regulations.gov, or via email to Atmospheric Administration (NOAA), FOR FURTHER INFORMATION CONTACT: [email protected]. For Department of Commerce. Maggie Miller, Office of Protected comments submitted at Regulations.gov, ACTION: 90-Day petition finding, request Resources, 301–427–8403. follow the online instructions for for information. SUPPLEMENTARY INFORMATION: submitting comments. Once submitted, Background comments cannot be edited or removed SUMMARY: We, NMFS, announce a 90- from Regulations.gov. For either manner day finding on a petition to list the On May 31, 2016, we received a of submission, the EPA may publish any chambered nautilus (Nautilus petition from the Center for Biological comment received to its public docket. pompilius) as a threatened species or an Diversity to list the chambered nautilus Do not submit electronically any endangered species under the (N. pompilius) as a threatened species or information you consider to be Endangered Species Act (ESA). We find an endangered species under the ESA. confidential business information (CBI) that the petition, along with information Copies of the petition are available upon or other information whose disclosure is readily available in our files, presents request (see ADDRESSES). restricted by statute. Multimedia substantial scientific or commercial ESA Statutory, Regulatory, and Policy submissions (audio, video, etc.) must be information indicating that the Provisions and Evaluation Framework accompanied by a written comment. petitioned action may be warranted. We Section 4(b)(3)(A) of the ESA of 1973, The written comment is considered the will conduct a status review of this as amended (16 U.S.C. 1531 et seq.), official comment and should include species to determine whether the requires, to the maximum extent discussion of all points you wish to petitioned action is in fact warranted. practicable, that within 90 days of make. The EPA will generally not To ensure that the status review is consider comments or comment receipt of a petition to list a species as comprehensive, we are soliciting threatened or endangered, the Secretary contents located outside of the primary scientific and commercial information submission (i.e. on the web, cloud, or of Commerce make a finding on whether pertaining to the chambered nautilus that petition presents substantial other file sharing system). For from any interested party. additional submission methods, please scientific or commercial information DATES: Information and comments on indicating that the petitioned action contact the person identified in the FOR the subject action must be received by may be warranted, and to promptly FURTHER INFORMATION CONTACT section. October 25, 2016. publish such finding in the Federal For the full EPA public comment policy, Register (16 U.S.C. 1533(b)(3)(A)). When information about CBI or multimedia ADDRESSES: You may submit comments, it is found that substantial scientific or submissions, and general guidance on information, or data on this document, commercial information in a petition making effective comments, please visit identified by the code NOAA-NMFS- indicates the petitioned action may be http://www2.epa.gov/dockets/ 2016-0098, by either of the following warranted (a ‘‘positive 90-day finding’’), commenting-epa-dockets. methods: • we are required to promptly commence FOR FURTHER INFORMATION CONTACT: Electronic Submissions: Submit all electronic public comments via the a review of the status of the species Gregory Becoat, (215) 814–2036, or by concerned during which we will email at [email protected]. Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D= conduct a comprehensive review of the SUPPLEMENTARY INFORMATION: For best available scientific and commercial NOAA-NMFS-2016-0098. Click the further information, please see the information. In such cases, we conclude ‘‘Comment Now’’ icon, complete the information provided in the direct final the review with a finding as to whether, required fields, and enter or attach your action, with the same title, that is in fact, the petitioned action is comments. located in the ‘‘Rules and Regulations’’ • warranted within 12 months of receipt section of this Federal Register Mail: Submit written comments to of the petition. Because the finding at publication. Maggie Miller, NMFS Office of the 12-month stage is based on a more Protected Resources (F/PR3), 1315 East thorough review of the available Dated: August 12, 2016. West Highway, Silver Spring, MD Shawn M. Garvin, information, as compared to the narrow 20910, USA. scope of review at the 90-day stage, a Regional Administrator, Region III. Instructions: Comments sent by any ‘‘may be warranted’’ finding does not [FR Doc. 2016–20297 Filed 8–25–16; 8:45 am] other method, to any other address or prejudge the outcome of the status BILLING CODE 6560–50–P individual, or received after the end of review. the comment period, may not be Under the ESA, a listing considered by NMFS. All comments determination may address a species, DEPARTMENT OF COMMERCE received are a part of the public record which is defined to also include and will generally be posted for public subspecies and, for any vertebrate National Oceanic and Atmospheric viewing on www.regulations.gov species, any distinct population Administration without change. All personal identifying segment (DPS) that interbreeds when information (e.g., name, address, etc.), mature (16 U.S.C. 1532(16)). Because 50 CFR Parts 223 and 224 confidential business information, or the chambered nautilus is an [Docket No. 160614518–6518–01] otherwise sensitive information invertebrate, the DPS option does not submitted voluntarily by the sender will apply. Under the ESA, a species or RIN 0648–XE685 be publicly accessible. NMFS will subspecies is ‘‘endangered’’ if it is in accept anonymous comments (enter ‘‘N/ Endangered and Threatened Wildlife; danger of extinction throughout all or a A’’ in the required fields if you wish to 90-Day Finding on a Petition To List significant portion of its range, or remain anonymous). Chambered Nautilus as Threatened or ‘‘threatened’’ if it is likely to become Endangered Under the Endangered Copies of the petition and related endangered within the foreseeable Species Act materials are available on our Web site future throughout all or a significant at http://www.fisheries.noaa.gov/pr/ portion of its range (ESA sections 3(6) AGENCY: National Marine Fisheries species/invertebrates/chambered- and 3(20), respectively, 16 U.S.C. Service (NMFS), National Oceanic and nautilus.html. 1532(6) and (20)). Pursuant to the ESA

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and our implementing regulations, we reliable and a reasonable person would Conservation of Nature (IUCN), the determine whether species are conclude it supports the petitioners’ American Fisheries Society, or threatened or endangered based on any assertions. In other words, conclusive NatureServe, as evidence of extinction one or a combination of the following information indicating the species may risk for a species. Risk classifications by five section 4(a)(1) factors: The present meet the ESA’s requirements for listing other organizations or made under other or threatened destruction, modification, is not required to make a positive 90- Federal or state statutes may be or curtailment of habitat or range; day finding. We will not conclude that informative, but such classification overutilization for commercial, a lack of specific information alone alone may not provide the rationale for recreational, scientific, or educational precludes a positive 90-day finding if a a positive 90-day finding under the purposes; disease or predation; reasonable person would conclude that ESA. For example, as explained by inadequacy of existing regulatory the unknown information itself suggests NatureServe, their assessments of a mechanisms; and any other natural or an extinction risk of concern for the species’ conservation status do ‘‘not manmade factors affecting the species’ species at issue. constitute a recommendation by existence (16 U.S.C. 1533(a)(1), 50 CFR To make a 90-day finding on a NatureServe for listing under the U.S. 424.11(c)). petition to list a species, we evaluate Endangered Species Act’’ because ESA-implementing regulations issued whether the petition presents NatureServe assessments ‘‘have jointly by NMFS and the U.S. Fish and substantial scientific or commercial different criteria, evidence Wildlife Service (50 CFR 424.14(b)) information indicating the subject requirements, purposes and taxonomic define ‘‘substantial information’’ in the species may be either threatened or coverage than government lists of context of reviewing a petition to list, endangered, as defined by the ESA. endangered and threatened species, and delist, or reclassify a species as the First, we evaluate whether the therefore these two types of lists should amount of information that would lead information presented in the petition, not be expected to coincide’’ (http:// a reasonable person to believe that the along with the information readily www.natureserve.org/prodServices/pdf/ measure proposed in the petition may available in our files, indicates that the NatureServeStatusAssessmentsListing- be warranted. In evaluating whether petitioned entity constitutes a ‘‘species’’ Dec%202008.pdf). Additionally, species substantial information is contained in eligible for listing under the ESA. Next, classifications under IUCN and the ESA a petition, we must consider whether we evaluate whether the information are not equivalent; data standards, the petition: (1) Clearly indicates the indicates that the species faces an criteria used to evaluate species, and administrative measure recommended extinction risk that is cause for concern; treatment of uncertainty are also not and gives the scientific and any this may be indicated in information necessarily the same. Thus, when a common name of the species involved; expressly discussing the species’ status petition cites such classifications, we (2) contains detailed narrative and trends, or in information describing will evaluate the source of information justification for the recommended impacts and threats to the species. We that the classification is based upon in measure, describing, based on available evaluate any information on specific light of the standards on extinction risk information, past and present numbers demographic factors pertinent to and impacts or threats discussed above. and distribution of the species involved evaluating extinction risk for the species and any threats faced by the species; (3) (e.g., population abundance and trends, Taxonomy of the Petitioned Chambered provides information regarding the productivity, spatial structure, age Nautilus status of the species over all or a structure, sex ratio, diversity, current significant portion of its range; and (4) and historical range, habitat integrity or The petition notes that the taxonomy is accompanied by the appropriate fragmentation), and the potential of the nautiloids is controversial. Based supporting documentation in the form contribution of identified demographic on the Integrated Taxonomic of bibliographic references, reprints of risks to extinction risk for the species. Information System, which has a pertinent publications, copies of reports We then evaluate the potential links disclaimer that it ‘‘is based on the latest or letters from authorities, and maps (50 between these demographic risks and scientific consensus available . . . [but] CFR 424.14(b)(2)). the causative impacts and threats is not a legal authority for statutory or At the 90-day finding stage, we identified in section 4(a)(1). regulatory purposes,’’ there are evaluate the petitioners’ request based Information presented on impacts or presently five recognized species within upon the information in the petition threats should be specific to the species the genus Nautilus: N. belauensis including its references considered and should reasonably suggest that one (Saunders, 1981), N. macromphalus together with the information readily or more of these factors may be (Sowerby, 1849), N. pompilius available in our files. We do not conduct operative threats that act or have acted (Linnaeus, 1758), N. repertus (Iredale, additional research, and we do not on the species to the point that it may 1944), and N. stenomphalus (Sowerby, solicit information from parties outside warrant protection under the ESA. 1849). However, a review and analysis the agency to help us in evaluating the Broad statements about generalized of recent genetic and morphological petition. We will accept the petitioners’ threats to the species, or identification data suggests that perhaps only two of sources and characterizations of the of factors that could negatively impact these five species are valid: N. information presented if they appear to a species, do not constitute substantial pompilius and N. macromphalus, with be based on accepted scientific information indicating that listing may the other three species more principles, unless we have specific be warranted. We look for information parsimoniously placed within N. information in our files that indicates indicating that not only is the particular pompilius (Ward et al., 2016). While the the petition’s information is incorrect, species exposed to a factor, but that the taxonomy of the Nautilus genus may not unreliable, obsolete, or otherwise species may be responding in a negative be fully resolved, we find that the irrelevant to the requested action. fashion; then we assess the potential information provided by the petitioner Information that is susceptible to more significance of that negative response. and readily available in our files than one interpretation or that is Many petitions identify risk presents substantial scientific or contradicted by other available classifications made by commercial information indicating that information will not be dismissed at the nongovernmental organizations, such as the petitioned entity, N. pompilius, 90-day finding stage, so long as it is the International Union for constitutes a valid ‘‘species’’ and is thus

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is a type of entity that may be eligible odors (such as prey) from significant petition, all five causal factors in section for listing under the ESA. distances (Basil et al., 2000). 4(a)(1) of the ESA are adversely affecting The general life history characteristics the continued existence of the Range, Distribution and Life History of the chambered nautilus are that of a chambered nautilus: (A) The present or The chambered nautilus is found in rare, long-lived, late-maturing, and threatened destruction, modification, or tropical, coastal reef, deep-water slow-growing marine invertebrate curtailment of its habitat or range; (B) habitats of the Indo-Pacific. Its known species, with likely low reproductive overutilization for commercial, range includes waters off American output. Circumferential growth rate for recreational, scientific, or educational Samoa, Australia, Fiji, India, Indonesia, the chambered nautilus has been purposes; (C) disease or predation; (D) Malaysia, New Caledonia, Papua New estimated to range from 0.053 mm/day inadequacy of existing regulatory Guinea, Philippines, Solomon Islands, to 0.23 mm/day, with growth rates mechanisms; and (E) other natural or and Vanuatu, and it may also slowing as the animal approaches manmade factors. potentially occur in waters off China, maturity (Dunstan et al., 2010; Dunstan In the following sections, we Myanmar, Western Samoa, Thailand, et al., 2011b); however, overall shell summarize and evaluate the information and Vietnam (Convention on size appears to vary among regions, with presented in the petition, which we International Trade in Endangered smaller shell diameters (170–180 mm) consider together with information Species of Wild Fauna and Flora noted around Fiji and the Philippines readily available in our files on the (CITES) 2016). Within its range, the (Tanabe et al., 1990), and larger status of N. pompilius, including chambered nautilus has a patchy diameters (up to 222 mm) off Western demographic factors, and the ESA distribution and is unpredictable in its Australia. Additionally, the species section 4(a)(1) factors that may be area of occupancy. Based on multiple exhibits sexual dimorphism, with males affecting its risk of global extinction. research studies, the presence of consistently growing to larger sizes than Based on this evaluation, we determine suitable habitat on coral reefs does not females (Saunders and Ward 2010). whether a reasonable person would necessarily indicate the likelihood of Males also tend to dominate the sex conclude that an endangered or chambered nautilus occurrence (CITES ratios in populations, with observed threatened listing under the ESA may be 2016). Additionally, the chambered proportions ranging from 69 to 95 warranted for this species. percent in observed populations nautilus is limited in its horizontal and Abundance and Population Trends vertical distribution throughout its (Saunders and Ward 2010). Chambered nautilus longevity is at The global abundance of the range due to physiological constraints. least 20 years, with age to maturity chambered nautilus is unknown, with Physiologically, the chambered nautilus between 10 and 17 years (Dunstan et al., no available historical baseline cannot tolerate temperatures above 2011b; Ward et al., 2016). Very little is population data. In fact, the first study approximately 25 °C or depths known regarding nautilus reproduction to estimate baseline population size and exceeding around 750–800 meters (m) in the wild. Observations of captive density for the species, in a given area, (Ward et al., 1980; Carlson 2010). At animals suggest that nautiluses was only recently conducted by depths greater than 800 m, the reproduce sexually and have multiple Dunstan et al., (2011a). This study hydrostatic pressure will cause the shell reproductive cycles over the course of examined the N. pompilius population of the nautilus to implode, thereby their lifetime. Based on data from at Osprey Reef, an isolated coral killing the animal (Ward et al., 1980). captive N. belauensis and N. seamount off Australia’s northeastern Based on these physiological macromphalus individuals, female coast, with no history of nautilus constraints, the chambered nautilus is nautiluses may lay up to 10 to 20 eggs exploitation. Based on data collected considered to be an extreme habitat per year, which hatch after a lengthy from 2000 to 2006, the authors specialist, found in association with embryonic period of around 10 to 12 estimated that the population at Osprey steep-sloped forereefs with sandy, silty, months (Uchiyama and Tanabe 1999; Reef consisted of between 844 and 4,467 or muddy-bottomed substrates. Within Barord and Basil 2014). There is no individuals, with a density estimate of these habitats, the species ranges from larval phase, with juveniles hatching at 13.6 individuals per square kilometer around 100 m depths (which may vary around 22–23 mm in diameter, and (km2) (Dunstan et al., 2011a). depending on the water temperature) to potentially migrating to deeper and Subsequent research, conducted by around 500 m depths (CITES 2016). The cooler waters (Barord and Basil 2014); Barord et al., (2014), provided density chambered nautilus does not swim in however, live hatchlings have rarely estimates of nautiluses (species not the open water column (likely due to its been observed in the wild. identified) from four locations in the vulnerability to predation), but rather Overall, given the life history traits Indo-Pacific: The Panglao region of the remains near the reef slopes and bottom and physiological habitat constraints of Bohol Sea, Philippines, with 0.03 substrate, and thus can be best N. pompilius, chambered nautilus individuals per km2, Taena Bank near characterized as a nektobenthic or populations (discussed in more detail Pago Pago harbor, American Samoa, epibenthic species (Barord et al., 2014; below) are extremely susceptible to with 0.16 individuals per km2, the Beqa CITES 2016). depletion and vulnerable to local Passage in Viti Levu, Fiji, with 0.21 Chambered nautiluses are described extirpations (CITES 2016). individuals per km2, and the Great as deep-sea scavenging generalists and Barrier Reef along a transect from Cairns opportunistic predators. They have up Analysis of Information Presented in to Lizard Island, Australia, with 0.34 to 90 retractable appendages, or the Petition Along With Information individuals per km2. With the exception tentacles, that they use to dig in the Readily Available in NMFS’ Files of the Bohol Sea, these populations are substrate and feed on a variety of The petition contains information on located in areas where fishing for organisms, including fish, crustaceans, the chambered nautilus, including its nautilus does not occur, suggesting that echinoids, nematodes, cephalopods, taxonomy, morphological nautiluses may be naturally rare, or that other marine invertebrates, and detrital characteristics, geographic distribution, other unknown factors, besides fishing, matter (Saunders and Ward 2010). The habitat, population abundance and may be affecting abundance of these chambered nautilus also has an acute trends, and factors contributing to the species. The authors also indicate that sense of olfaction and can easily smell species’ decline. According to the the population estimates from this study

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may, in fact, be overestimates as they pompilius from Tan˜ on Strait in the late suggests that the primary threat to the used baited remote underwater video 1980s. The fact that the species has not chambered nautilus is overutilization systems to attract individuals to the yet recovered in the Tan˜ on Strait, for commercial purposes—mainly, observation area (Barord et al., 2014). In despite an absence of nautilus fishing in harvest for the international nautilus either case, these very low population over two decades, further supports the shell trade. Chambered nautilus shells, estimates suggest that chambered susceptibility of the species to which have a distinctive coiled interior, nautiluses are especially vulnerable to exploitation and its limited capability to are traded as souvenirs to tourists and exploitation, with limited capacity to repopulate an area after depletion. shell collectors and also used in jewelry recover from depletion. This theory is Overall, given the species’ natural and home de´cor items (where either the further supported by the comparison rarity throughout its range, its presence whole shell is sold as a decorative object between the population size in the as small, sparsely distributed, and or parts are used to create shell-inlay Panglao region of the Bohol Sea, where highly fragmented populations, and its designs) (CITES 2016). The trade in the nautilus fishing is occurring, and the low fecundity and limited dispersal species is largely driven by the unfished sites in American Samoa, Fiji, capability, with geographic barriers to international demand for their shells and Australia, with the Bohol Sea movement and strict habitat and shell products since fishing for population estimated to be less than 20 requirements, we find that even a small nautiluses has been found to have no percent of the smallest unfished number of mortalities could potentially cultural or historical relevance (Dunstan population (Barord et al., 2014). have significant negative population- et al., 2010; De Angelis 2012; CITES level effects that may lead to regional In terms of current trends in 2016; Freitas and Krishnasamy 2016). extirpations (as may have already abundance, populations are considered Nautilus meat is also not locally in occurred in Tan˜ on Strait) and to be stable in areas where fisheries are demand (or used for subsistence) but potentially extinction. As such, we find absent (e.g., Fiji and Solomon Islands), rather sold or consumed as a by-product that these current demographic risks although data to confirm this are lacking of fishing for the nautilus shells (De could increase the species’ vulnerability (CITES 2016). In the Osprey Reef Angelis 2012; CITES 2016). While all to present and future threats to the point population discussed above, Dunstan et species of nautiluses are found in where the species may be at a risk of international trade, N. pompilius, being al. (2010) used mark-and-recapture extinction and thus warrant further the most widely distributed, is the methods to examine the trend in the investigation. species most commonly traded (CITES catch per unit effort (CPUE) of Analysis of ESA Section 4(a)(1) Factors 2016). individuals over a 12-year period. Although most of the trade in Analysis of the CPUE data showed a While the petition presents chambered nautiluses originates from slight increase of 28 percent from 1997 information on each of the ESA section the range countries where fisheries exist to 2008, and while this increase was not 4(a)(1) factors, we find that the or have existed for the species, statistically significant, the results information presented in the petition, particularly the Philippines and indicate a stable N. pompilius together with information readily Indonesia, commodities also come from population in this unexploited area available within our files, regarding the those areas with no known fisheries (Dunstan et al., 2010). However, in overutilization of the chambered (such as Fiji and Solomon Islands). locations where fisheries have operated nautilus for commercial purposes is Other countries of origin for N. or currently operate, anecdotal declines substantial enough to make a pompilius products include Australia, and observed decreases in catches of determination that a reasonable person China, Taiwan, India, Malaysia, New nautilus species are reported. Citing would conclude that this species may Caledonia, Papua New Guinea, Vanuatu, multiple personal communications, the warrant listing as endangered or and Vietnam (Freitas and Krishnasamy 2016 proposal to include the Family threatened based on this factor alone. As 2016). Known consumer markets for Nautilidae in Appendix II of CITES such, we focus our discussion below on chambered nautilus products include (CITES 2016) noted declines of N. the evidence of overutilization for the Middle East (United Arab Emirates, pompilius in Indian and New commercial purposes, with comments Saudi Arabia), Australia, Singapore, Caledonian waters, where commercial on the inadequacy of existing regulatory Malaysia, Indonesia, Philippines, Hong harvest occurred in the past for several mechanisms to control the exploitation Kong, Russia, Korea, Japan, China, decades, and in Indonesian waters, of chambered nautiluses, and present Taiwan and India, with major consumer where harvest is suspected to be our evaluation of the information markets noted in the European Union increasing. In fact, traders in Indonesia regarding these factors and their impact (Italy, France, Portugal), the United have observed a significant decrease in on the extinction risk of the species. Kingdom, and the United States (Freitas the number of nautiluses collected over However, we note that in the status and Krishnasamy 2016). In fact, between the past 10 years, which may be an review for this species, we will evaluate 2005 and 2014, the United States indication of a declining and depleted all ESA section 4(a)(1) factors to imported more than 900,000 chambered population (Freitas and Krishnasamy determine whether any one or a nautilus products, comprising at least 2016). In the Philippines, Dunstan et al. combination of these factors are causing 104,476 individuals and equating to a (2010) estimated that the CPUE of declines in the species or likely to little over 1,000 individuals traded Nautilus spp. from four main nautilus substantially negatively affect the annually (CITES 2016). The vast fishing locations in the Palawan region species within the foreseeable future to majority of these U.S. imports originated has decreased by around 80 percent such a point that the chambered from the Philippines (85 percent of the over a period of less than 30 years. nautilus is at risk of extinction or likely traded commodities), followed by Furthermore, in Tawi Tawi, to become so in the foreseeable future. Indonesia (12 percent), China (1.4 Cayangacillo, and Tan˜ on Strait/Cebu, percent), and India (1.3 percent) (CITES Philippines, fisheries that once existed Overutilization for Commercial, 2016). for chambered nautilus have since been Recreational, Scientific, or Educational Because harvest of the chambered discontinued due to the rarity of the Purposes nautilus is primarily demand-driven for species, with Alcala and Russ (2002) Information presented in the petition the international shell trade, with no noting the likely extirpation of N. and readily available in our files historical or cultural importance, the

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intensive nautilus fisheries that develop individuals caught by Haven (1977) in population declines in chambered to meet this demand tend to follow a the month of October in 1971 and prior nautilus in the near future, increasing boom-bust cycle that lasts around a to the establishment of the nautilus the species’ risk of extirpation from this decade or two before becoming fishery. By the early 1980s, CITES portion of its range. Already, ‘‘crashed commercially nonviable (Dunstan et al., (2016) reports that around 5,000 fisheries’’ and, hence, severely depleted 2010; De Angelis 2012; CITES 2016). chambered nautiluses were trapped per populations of nautiluses have been Given that the chambered nautilus year in Tan˜ on Strait, but by 1987, the identified at Tawi Tawi (an island exists as small, isolated populations, population was estimated to have province in southwestern Philippines) harvest of the species may continue for declined by 97 percent, with the species and Cagayancillo (an island in the many years within a region, with the considered to be commercially extinct Palawan province) (Dunstan et al., fisheries serially depleting each and potentially extirpated from the area 2010). From the available data in the population until the species is (Alcala and Russ 2002). petition and readily available in our essentially extirpated from that region This level of harvest (5,000 files on the life history of the species, (CITES 2016). Commercial harvest of the chambered nautilus individuals/year), including current trends and evidence species is presently occurring or has which, based on the information from of a lack of recovery in populations that occurred in the Philippines, Indonesia, the Tan˜ on Strait, appears to lead to local have not been fished for over 30 years, New Caledonia, Papua New Guinea, and extirpations, is being greatly exceeded we find that present utilization of the also potentially in China, Palau, in a number of other areas throughout species in this portion of its range may Thailand and Vanuatu (CITES 2016). the chambered nautilus’ range. In have significant negative effects on the However, based on the number of Tibiao, Antique province, in viability of the chambered nautilus commodities entering the international northwestern Panay Island, Philippines, populations and, consequently, trade, it is likely that the Philippines del Norte-Campos (2005) estimated contribute to an extinction risk that is and Indonesia have the largest annual yield of the chambered nautilus cause for concern and warrants further commercial fisheries for chambered to be around 12,200 individuals for the investigation. nautilus, with multiple harvesting sites entire fishery (based on data from 2001– Overutilization of the chambered throughout these nations (CITES 2016). 2002). Based on personal nautilus populations off Indonesia may Although information on harvest levels communication provided in CITES also be a threat contributing to the and the status of chambered nautilus (2016), in the Palawan, Philippines species’ risk of extinction that is cause populations within this portion of its nautilus fishery, 9,091 nautiluses were for concern. Despite Indonesia’s current range is limited, the available data, harvested in 2013 and 37,341 in 2014. prohibition (implemented in 1999) on discussed below, do provide evidence of This level of harvest is particularly the harvest and trade of the species, the negative impact of these fisheries concerning given the significant both domestic and internationally, it is and overutilization of the species that declines already observed in the apparent that both are still occurring speak to the likelihood of its risk of Palawan nautilus fisheries. In four of the throughout Indonesia (Nijman et al., extinction in the future. five main nautilus fishing areas in this 2015; Freitas and Krishnasamy 2016). In As mentioned previously, significant province, Dunstan et al. (2010) fact, based on the increasing number of declines of N. pompilius have been estimated a decline in CPUE of the chambered nautilus commodities observed in both the Philippines and species ranging from 70 to 90 percent originating from Indonesia, it is Indonesia, primarily a result of (depending on the fishing site) over the suggested that nautilus fishing has overutilization of the species. For course of 6 to 24 years. Based on potentially shifted to Indonesian waters example, in 1971, Haven (1972 cited in interviews of fishermen, when they due to depletion of the species in the Haven (1977)) found that Tan˜ on Strait, began fishing for nautiluses, initial Philippines (CITES 2016). However, Philippines, was an abundant source of harvest in the majority of the fishing similar to the trend observed in the N. pompilius. From 1971 to 1972, sites was estimated to be over 20,000 Philippines, a pattern of serial depletion around 3,200 individuals were captured nautiluses/year (Dunstan et al., 2010), a of nautiluses due to harvesting in for study (Haven 1977). Filipino level that was clearly unsustainable for Indonesia is emerging, with both fisherman also began fishing this the species and consequently led to fishermen and traders noting a location for nautilus shells around this significant declines in abundance of the significant decline in the numbers of time, with the numbers of fishermen species within these areas. The one chambered nautiluses over the last 10 tripling during subsequent years; main fishing region in Palawan that did years (CITES 2016; Freitas and however, by 1975, the impact of this not show a decline was the municipality Krishnasamy 2016). For example, harvest on the species was already of Balabac; however, the authors note fishermen in North Lombok note that evident (Haven 1977). Fishermen in that this fishery is relatively new (active they used to trap around 10 to 15 1975 reported having to move for less than 8 years), with fewer nautiluses in one night, but currently operations to deeper water as catches fishermen, and, as such, may not have catch only 1 to 3 a night (Freitas and were now rare at shallower depths, and yet reached the point where the Krishnasamy 2016). Similarly, in Bali, the number of individuals per trap had population crashes or declines become fishermen reported nightly catches of also decreased (Haven 1977). evident in catch rates (Dunstan et al., around 10 to 20 nautiluses until 2005, Additionally, although the number of 2010). Given that the estimated annual after which yields have been much less fishermen had tripled in those 3 years, catches in the Balabac municipality (Freitas and Krishnasamy 2016). While and therefore fishing effort for the ranged from 4,000 to 42,000 individuals fishing for chambered nautiluses has species intensified, the catch did not see in 2008 (Dunstan et al., 2010), with essentially decreased in western an associated increase, indicating a more recent Palawan harvest levels Indonesia (likely due to a depletion of likely decrease in the abundance of the reportedly over 37,000 in 2014 (CITES the stocks), the main trade centers for species within the area (Haven 1977). 2016), this level of annual harvest, nautilus commodities are still located From October to November of 1975, based on the trends from the other here (i.e., Java, Bali, Sulawesi and fishermen reported around 220 trapped Palawan fishing sites (Dunstan et al., Lombok). The sources of nautilus shells individuals, a number similar to the 300 2010), may likely lead to significant for these centers now appears to

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originate from eastern Indonesian nautilus fisheries may be present; considering information readily waters (including northeastern Central however, these fisheries have yet to be available in our files, and based on the Java, East Java, and West Nusa Tengarra investigated (NMFS 2014; CITES 2016). above analysis, we conclude the petition eastward) where it is thought that Overall, out of the 11 nations in which presents substantial scientific nautilus populations may still be N. pompilius is known to occur, over information indicating that the abundant enough to support half historically or current have targeted petitioned action of listing the economically viable fisheries, and nautilus fisheries. chambered nautilus as a threatened or where enforcement of the current N. We note that, while the species is endangered species may be warranted. pompilius prohibition appears to be afforded some protection in the Therefore, in accordance with section weaker (Nijman et al., 2015; Freitas and southern portion of its range, 4(b)(3)(B) of the ESA and NMFS’ Krishnasamy 2016). Data collected from particularly in waters off Australia implementing regulations (50 CFR two large open markets in Indonesia where there is no commercial harvest 424.14(b)(3)), we will commence a (Pangandaran and Pasir Putih) and for the species (CITES 2016), it is status review of this species. wholesale traders indicate that unclear whether these populations may During the status review, we will chambered nautiluses are still being be enough to protect the species from determine whether the chambered offered for sale as of 2013, with one of potential extinction throughout all or a nautilus is in danger of extinction the wholesalers noting that he exports significant portion of its range. This (endangered) or likely to become so merchandise to Malaysia and Saudi conclusion is based on the (threatened) throughout all or a Arabia on a bimonthly basis (Nijman et considerations described above, significant portion of its range. We now al., 2015). Based on seizure data from including the significant uncertainties initiate this review, and thus, N. 2005 to 2013, over 3,000 chambered associated with the species’ life history pompilius is considered to be a nautiluses were confiscated by and its high demographic risks, as candidate species (69 FR 19975; April Indonesian authorities (Nijman et al., supported by information presented in 15, 2004). Within 12 months of the 2015). Additionally, De Angelis (2012), the petition together with information receipt of the petition (May 31, 2017), citing a personal communication, readily available in our files. The the statute requires that we make a estimated that around 25,000 nautilus potential contribution of these finding as to whether listing the specimens were exported from populations to the species will be chambered nautilus as an endangered or Indonesia to China for the Asian meat investigated further during the status threatened species is warranted as market between 2007 and 2010. Given review of the species. required by section 4(b)(3)(B) of the the ongoing demand for chambered Although the petition identifies ESA. If listing is warranted, we will nautilus products, the apparent numerous other threats to the publish a proposed rule and solicit chambered nautilus, including habitat disregard of current prohibition public comments before developing and degradation, predation, climate change, regulations by collectors and traders and publishing a final rule. and ocean acidification, we find that the lack of enforcement, the observed information presented in the petition, Information Solicited declining trends in N. pompilius together with information readily To ensure that the status review is fisheries, and the increasing number of available in our files, suggest that based on the best available scientific nautilus commodities originating from overutilization of the species for and commercial data, we are soliciting Indonesia, we find that the available commercial purposes, in and of itself, information on whether the chambered information in the petition, together may be a threat impacting the nautilus is endangered or threatened. with information readily available in chambered nautilus to such a degree Specifically, we are soliciting our files, suggest current N. pompilius that raises concern that this species may information in the following areas: (1) harvest levels within this portion of its be at risk of extinction presently or in Historical and current distribution and range may be contributing to the the foreseeable future. Due to the abundance of this species throughout its overutilization of the species and apparent lack of enforcement and the range; (2) historical and current increasing its risk of extinction that is inadequacy of existing regulatory population trends; (3) life history in cause for concern. mechanisms, particularly throughout marine environments; (4) historical and Active nautilus fisheries also existed the northern portion of the species’ current data on nautilus catch and and still exist throughout most of the range, the ongoing demand for the bycatch in industrial, commercial, remaining extent of the species’ known species in the international shell trade, artisanal, and recreational fisheries range, including in India, New the significant demographic risks faced worldwide; (5) impacts to known Caledonia, Vanuatu, and potentially by the species (including extremely low chambered nautilus habitats; (5) data on Papua New Guinea. In India, CITES productivity and rare, fragmented, and the trade of chambered nautilus (2016) states that the chambered isolated populations with limited products, including shells, meat, and nautilus has been exploited for decades. dispersal capability) and the evidence of live specimens; (6) impacts of the A 2007 survey found the species was substantial declines in populations and ecotourism industry on chambered being sold in 20 percent of the major potential extirpations, we find that nautilus behavior and survival; (7) coastal tourist markets in southern present harvest levels and associated predation rates on chambered nautilus; India, despite the species being mortality may be placing the species at (8) any current or planned activities that protected from capture and trade by such a risk of extinction that would lead may adversely impact the chambered domestic law since 2000 (CITES 2016). a reasonable person to conclude that N. nautilus or its habitat; (9) ongoing or In New Caledonia, intensive nautilus pompilius may warrant listing as a planned efforts to protect and restore fisheries reportedly existed in the past. threatened or endangered species this species and its habitat; (10) It is unclear whether commercial throughout all or a significant portion of population structure information, such fisheries still exist today for the species; its range. as genetics data; and (11) management, however, based on data from 2008, N. regulatory, and enforcement pompilius shells are still being sold to Petition Finding information. We request that all tourists (CITES 2016). In Vanuatu and After reviewing the information information be accompanied by: (1) Papua New Guinea, targeted chambered presented in the petition, and Supporting documentation such as

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maps, bibliographic references, or References Cited Dated: August 22, 2016. reprints of pertinent publications; and A complete list of references is Samuel D. Rauch III, (2) the submitter’s name, address, and available upon request to the Office of Deputy Assistant Administrator for any association, institution, or business Protected Resources (see ADDRESSES). Regulatory Programs, National Marine that the person represents. Fisheries Service. Authority [FR Doc. 2016–20478 Filed 8–25–16; 8:45 am] The authority for this action is the BILLING CODE 3510–22–P Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

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