[Federal Register Volume 64, Number 118 (Monday, June 21, 1999)]
[Proposed Rules]
[Pages 33040-33041]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15724]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223 and 224

[Docket No. 990614160-9160-01; I.D. 061199C]


Endangered and Threatened Wildlife and Plants; 90-Day Finding for 
a Petition to List Barndoor Skate (``Raja laevis'') as Threatened or 
Endangered

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of petition finding; request for information and 
comments.

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SUMMARY: NMFS announces a 90-day finding for a petition to add barndoor 
skate (Raja laevis) to the list of threatened and endangered wildlife 
and to designate critical habitat. NMFS finds that the petition and the 
information available in NMFS records indicate that the requested 
action may be warranted. NMFS will conduct a stock assessment to 
determine if the petitioned action is warranted. To assure that the 
review is comprehensive, NMFS is soliciting information and data on 
this species from any interested party.

DATES: Information and comments on the action must be received by 
August 20, 1999.

ADDRESSES: Information, comments, or questions on the barndoor skate 
petition should be submitted to Mary Colligan, NMFS, Protected Species 
Division, One Blackburn Drive, Gloucester, MA, 01930. The petition and 
supporting data are available for public inspection, by appointment, 
Monday through Friday at the address above.

FOR FURTHER INFORMATION CONTACT: Mary Colligan, NMFS Northeast Region, 
978/281-9116, or Marta Nammack, NMFS Office of Protected Resources, 
301/713-1401.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the Endangered Species Act (16 U.S.C. 1531-
1544) requires that the National Marine Fisheries Service (NMFS) make a 
finding on whether a petition to list, delist, or reclassify a species 
presents substantial scientific or commercial information to indicate 
that the petitioned action may be warranted. In determining whether 
substantial information exists for a petition to list a species, NMFS 
will take into account information submitted with and referenced in the 
petition and all other information readily available in NMFS files. To 
the maximum extent practicable, this finding is to be made within 90 
days of the receipt of the petition, and the finding is to be published 
promptly in the Federal Register. If NMFS finds that a petition 
presents substantial information indicating that the requested action 
may be warranted, section 4(b)(3)(B) of the ESA requires NMFS to make a 
finding as to whether or not the petitioned action is warranted within 
one year of the receipt of the petition.
    On March 4, 1999, NMFS received a petition from GreenWorld to list 
barndoor skate as endangered or threatened and to designate Georges 
Bank and other appropriate areas as critical habitat. The petitioners 
also requested that barndoor skate be listed immediately, as an 
emergency matter. Finally, the petitioner requested that other 
similarly appearing species of skate also be designated as threatened 
or endangered so as to insure the protection of the barndoor skate. On 
April 2, 1999, the NMFS received a second petition from Center for 
Marine

[[Page 33041]]

Conservation (CMC) to list barndoor skate as an endangered species. 
This second petition is considered by NMFS as a comment on the first 
petition submitted by GreenWorld.
    The petition and comment on the petition referenced a recent paper 
in the journal Science, which presents data on the decline of barndoor 
skates (Casey and Myers 1998). The petitioner cites bycatch in 
commercial fishing gear as the major threat to the species' continued 
existence and also expresses concern over inbreeding depression due to 
small population size. The petitioner also cites the inadequacy of 
existing regulatory mechanisms as a threat to the species. The comments 
submitted by CMC claim that barndoor skate are endangered due to 
overutilization for commercial purposes and the inadequacy of existing 
regulatory mechanisms.
    On January 15, 1999, NMFS requested information from the public on 
barndoor skate for possible inclusion on the list of candidate species. 
Such designation highlights species for which NMFS is concerned may 
warrant listing under the ESA, but it does not afford those species any 
regulatory protection.
    The barndoor skate is 1 of 7 species of skates that occur off the 
northeastern coast of the United States. Barndoor skates can reach 
sizes in excess of 1 meter in length and may not reach maturity until 
age 10 or older. The historic range of the barndoor skate ranged from 
Cape Hatteras to the Grand Banks off Newfoundland. Skates are found 
from near the tide line to depths exceeding 700 m. Members of this 
family lay eggs that are encased in hard, leathery cases commonly 
called a mermaid's purse. Incubation time is from 6 to 12 months and 
the young have the appearance of an adult upon hatching. Skates are not 
known to undertake large-scale migrations, but they do move seasonally 
in response to changes in water temperature, generally offshore in 
summer and early autumn and inshore in the winter and spring. Slow 
growth and late age at maturity may make skates more susceptible to the 
effects of fishing. Skates are frequently taken as bycatch during 
ground fishing operations and discarded. There are currently no 
regulations governing the harvesting of skates in U.S. waters.
    CMC has also requested that the Secretary of Commerce categorize 
barndoor skate as ``overfished'' under the Magnuson Stevens Act. In 
order to fully examine the species' status so that a determination can 
be made under the ESA and under the Magnuson Stevens Act, NMFS intends 
to present an assessment of barndoor skate at the 30th Northeast 
Regional Stock Assessment Workshop to be held in November 1999. Staff 
are currently in the process of compiling and analyzing data on 
barndoor skate in preparation of the assessment materials to be vetted 
at the Stock Assessment Workshop. U.S. scientists are coordinating 
these efforts with their Canadian colleagues to ensure that a 
comprehensive assessment is conducted.
    If it is determined that listing the species is warranted, then 
NMFS will examine the need to designate critical habitat for barndoor 
skate. At that time, NMFS would consider those physical and biological 
features that are essential to the conservation of the species and that 
may require special management or protection. The evaluation conducted 
by NMFS to determine if barndoor skate warrant listing under the ESA 
will also consider whether listing on an emergency basis is warranted.
    NMFS finds that the petitioner and the comments on the petition 
have presented substantial information indicating that the requested 
action may be warranted. This finding is based on the scientific and 
commercial information contained and referenced in the petition and 
petition comments, as well as information available to NMFS at this 
time.

Listing Factors and Basis for Determination

    Under Section 4(a)(1) of the ESA, a species can be determined to be 
endangered or threatened for any of the following reasons: (1) Present 
or threatened destruction, modification, or curtailment of its habitat 
or range; (2) overutilization for commercial, recreational, scientific, 
or educational purposes; (3) disease or predation; (4) inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Listing determinations are based on 
the best scientific and commercial data available after taking into 
account any efforts being made by any state or foreign nation to 
protect the species.

Information Solicited

    To ensure that the review conducted at the Stock Assessment 
Workshop is complete and based on the best available scientific and 
commercial data, NMFS is soliciting information on the species' current 
and historic distribution and abundance and any information related to 
the 5 listing factors identified above. NMFS requests that data, 
information and comments submitted be accompanied by (1) supporting 
documentation such as maps, bibliographic reference, or reprints of 
pertinent publications; and (2) the person's name, address, and any 
association, institution or business that the person represents. Such 
information may be submitted to the previously mentioned address.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: June 15, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.

References Cited:

    Casey, Jill M. and Ransom A. Myers. 1998. Near Extinction of a 
Large, Widely Distributed Fish. Science. 281: 690-692.
[FR Doc. 99-15724 Filed 6-18-99; 8:45 am]
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