[Federal Register Volume 65, Number 48 (Friday, March 10, 2000)]
[Proposed Rules]
[Pages 12959-12962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5907]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 000303059-0059-01; I.D. No.021700B]
RIN No. 0648-XA49


Endangered and Threatened Wildlife and Plants; 90-Day Findings 
for a Petition to List North American Populations of Smalltooth Sawfish 
and Largetooth Sawfish as Endangered Under the Endangered Species Act

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

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

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SUMMARY: The National Marine Fisheries Service (NMFS) announces 90-day 
findings for a petition to add North American populations of smalltooth 
sawfish and largetooth sawfish to the List of Threatened and Endangered 
Wildlife. NMFS finds that the petition and information available in 
NMFS records indicate that listing North American populations of 
smalltooth sawfish as endangered under the Endangered Species Act (ESA) 
may be warranted; and do not indicate that listing North American 
populations of largetooth sawfish as endangered may also be warranted. 
NMFS is now initiating a status review of smalltooth sawfish to 
determine if the petitioned action for that species is warranted. NMFS 
will maintain the largetooth sawfish as a candidate species, and 
continue to solicit more information regarding this species to resolve 
doubts regarding its range and taxonomy.

DATES: The findings announced in this document were made on March 6, 
2000. Comments and information related to this petition finding must be 
received by May 9, 2000.

ADDRESSES: Information and comments concerning these petition findings 
should be submitted to Charles A. Oravetz, Assistant Regional 
Administrator, Protected Resources Division, National Marine Fisheries 
Service, Southeast Regional Office, 9721 Executive Center Drive North, 
St. Peterburg, Florida 33702-2432. The petition, findings, supporting 
data, and comments are available for public inspection, by appointment, 
during normal business hours at the same address.

FOR FURTHER INFORMATION CONTACT: Jennifer Lee, NMFS Southeast Region, 
(727)570-5312; or Marta Nammack, NMFS Office of Protected Resources, 
(301) 713-1401.

SUPPLEMENTARY INFORMATION:

Background

    NMFS designated smalltooth sawfish (Pristis pectinata) and 
largetooth sawfish (P. perotteti) as candidate species under the ESA on 
June 23, 1999. The candidate species list serves to notify the public 
that NMFS has concerns regarding these species/vertebrate populations 
that may warrant listing in the future, and it facilitates voluntary 
conservation efforts. On November 30, 1999, NMFS received a petition 
from the Center for Marine Conservation requesting NMFS to list North 
American populations of those two species of sawfish as endangered. The 
petitioner submitted biological, distributional, and historical 
information on sawfish and identified potential threats including (1) 
destruction, modification or curtailment of habitat or range; (2) 
overutilization for commercial, recreational or scientific purposes; 
(3) inadequacy of existing regulatory mechanisms; and (4) other natural 
or manmade factors affecting the species existence. Also, the 
petitioner cited references in support of the petition.
    Section 4(b)(3) of the ESA contains provisions concerning petitions 
from interested persons requesting the Secretary of Commerce 
(Secretary) to add a species or to remove a species from the List of 
Endangered and Threatened Wildlife and designate critical habitat. 
Section 4(b)(3)(A) requires that, to the maximum extent practicable, 
within 90 days after receiving such a petition, the Secretary make a 
finding on whether the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted. This finding must be promptly published in the Federal 
Register. In determining whether substantial information exists for a 
petition to list a species, NMFS takes into account information 
submitted with and referenced in the petition and all other information 
readily available in NMFS files. NMFS' ESA implementing regulations 
define ``substantial information'' as the amount of information that 
would lead a reasonable person to believe that the measure proposed in 
the petition may be warranted. 50 CFR 424.14(b). If the petition is 
found to present such information, the Secretary must conduct

[[Page 12960]]

a status review of the involved species and make a determination 
whether the petitioned action is warranted within 12 months of receipt 
of the petition (1-year determination).
    Under the ESA, a listing determination can address a species, 
subspecies, or distinct population segment (DPS) of a species (16 
U.S.C. 1532(15)). A DPS is a vertebrate population that is discrete in 
relation to the remainder of the species to which it belongs, and 
significant in relation to the species to which it belongs (61 FR 4722; 
February 7, 1996). The petition states that populations of smalltooth 
sawfish occur in the Atlantic, Pacific and Indian Oceans, and 
largetooth sawfish in the Atlantic and Pacific Oceans. The petition 
further states that while the species is widely distributed, smalltooth 
sawfish exists as ``distinct population units...with little chance of 
recruitment from other stocks''. Since the petitioner requested 
listings for largetooth and smalltooth sawfish in U.S. waters, NMFS 
considers the petition in the context of DPSs with ranges that lie 
entirely or partially in U.S. waters.

Analysis of Petition

    The sawfish family is characterized by a toothy snout projecting 
well forward of the head. Approximately 2 ft (0.6m) or greater in 
length at birth, sawfish commonly grow to 16 ft (4.9m), some reaching 
lengths of up to 18 ft (5.5m). Sawfish are restricted to shallow 
coastal, estuarine, and fresh waters. They are often found in brackish 
water near river mouths and large embayments, preferring partially 
enclosed waters, lying in deeper holes on bottoms of mud or muddy sand. 
Sawfish are long lived species that grow slowly, mature late and are 
ovoviviparous, producing a small number of young, resulting in a very 
low intrinsic rate of population increase for these species. Such 
animals are usually successful at maintaining relatively small 
population sizes in relatively constant environments, but are not able 
to respond rapidly to additional and new sources of mortality resulting 
from changes in their environment, such as overexploitation and habitat 
degradation (Musick, 1999).
    Smalltooth sawfish and largetooth sawfish may be morphologically 
distinguished from each other by the number of pairs of rostral teeth, 
the placement of their pectoral fins relative to their pelvic fins, and 
the shape of their caudal fin. Despite these differences in morphology, 
early literature indicates there were some problem with identification 
of these species in early records.
    Smalltooth sawfish--Smalltooth sawfish historically inhabited 
marine habitats in selected parts of the eastern Pacific Ocean, western 
and eastern Atlantic Ocean, Mediterranean Sea, Indo-Pacific, and Red 
Sea, and freshwater habitats in North, Central and South America, 
Africa, and India. In North America, historical records indicate that 
during the 19th century, smalltooth sawfish were abundant along both 
coasts of Florida and in the summer north to North Carolina, in 
estuaries and lower reaches of rivers, as well as out to depths of 
about 25m along open coasts fronted by mud flats of the Atlantic and 
Gulf of Mexico coastal waters of the southeastern United States. 
Smalltooth sawfish migrated north along the coast during summer months 
but was probably not a permanent resident in western Atlantic waters 
north of Florida.
    There are no quantitative data available to conduct a formal stock 
assessment for smalltooth sawfish species, however, the decline of this 
species is well documented by anecdotal reports. Historical record of 
field observations indicates that smalltooth sawfish were abundant as 
recent as the 1950's. Reports of smalltooth sawfish becoming entangled 
in fishing nets are common in early literature and indicate smalltooth 
sawfish were considered a nuisance by fishermen, doing considerable 
damage to their nets when entangled and capable of inflicting serious 
wounds with their saw. As a result, these fish were usually killed on 
the spot by fishermen when captured or released only after removal of 
their saw.
    During the 20th century, smalltooth sawfish have been recorded with 
declining frequency. An independent assessment of smalltooth sawfish 
was performed by Adams and Wilson in 1995, by contacting all state 
fisheries management agencies from New York south and west to Texas and 
asking for any records of recent landings. In addition, research 
institutions and museums with marine holdings were contacted. From the 
responses received, it appears that the species no longer occurs along 
the eastern seaboard and that by the 1970's the species was confined in 
the Gulf of Mexico to a few restricted locales in Florida, Louisiana 
and Texas waters. Today, official records of smalltooth sawfish 
landings are rare throughout their range in North America. Incidental 
commercial catch was likely the most significant factor in the 
population's decline. Snelson and Williams (1981) attribute the loss of 
the species from the Indian River directly to the activities of 
commercial fishing for other species (Snelson and Williams, 1981). 
Sawfish are extremely vulnerable to overexploitation due to their 
exceptional propensity for entanglement in net gear, their restricted 
habitat, and their low intrinsic rate of increase.
    Largetooth sawfish--Largetooth sawfish historically inhabited warm-
temperate to tropical marine waters in the Atlantic and eastern 
Pacific, possibly in the eastern Mediterranean, and freshwater habitats 
in Central and South America and Africa. It is represented by a closely 
allied form, P. microdon (or forms) along the Pacific Coast of Central 
America, off northern Australia, off Indo-China, among the East Indies, 
and in the tropical-subtropical belt of the Indian Ocean. Largetooth 
sawfish are very similar to P. microdon but their exact relationship 
remains to be determined.
    Historical occurrences of largetooth sawfish in North America were 
much more limited than those of smalltooth sawfish and were strictly 
confined to shallow (10 m) warm-temperate and tropical waters (>18 deg. 
to at least 30 deg.C) in the immediate vicinity of the shore and to 
estuarine localities, partly enclosed lagoons, and similar situations. 
In the United States, largetooth sawfish were reported along the Texas 
coast from the Mexican border (Brownsville) to the Louisiana border 
(Port Arthur). Evidence to support its historical abundance in this 
area stems from one literature source, ``Notes on Sawfish, Pristis 
perotteti Muller and Henle, not Previously Reported from the Waters of 
the United States'' (Baughman, 1943), that includes a report of seven 
large largetooth sawfish taken by one fishermen near Galveston, Texas. 
Oddly, the same scientist indicates in a 1952 publication that West 
Indian sawfish (P. microdon) were sometimes caught in Texas waters and 
does not mention the largetooth sawfish.
    Compared to occurrences of smalltooth sawfish, largetooth and/or 
West Indian sawfish were relatively rare. Bigelow and Schroeder (1953) 
noted the fact that all specimens reported from the coast of Texas have 
been large, in contrast with the abundance of smaller ones further 
south, suggesting that the production of young is confined chiefly to 
regions where the temperature of the water is at least as high as 25-
26 deg.C. They believed that most of the large specimens taken from the 
northern, cooler waters had migrated from a tropical nursery, (Bigelow 
and Schroeder, 1953).
    While historic record of field observations indicate there may have

[[Page 12961]]

been largetooth sawfish present in North American waters at one time, 
there are no data to support that there is presently, or ever was, a 
resident North American population of largetooth sawfish. All of the 
information included in the petition on the population status of 
largetooth sawfish pertains to Lake Nicaraguan populations in Central 
America. NMFS feels applying this information to other stocks is 
inappropriate because in Lake Nicaragua, historical conditions 
permitted residence of a large number of sawfish, which reproduced in 
the lake and constituted a discrete stock, with limited genetic mixing 
with other stocks (Thorson 1982). Additionally, this Central American 
population was subjected to a heavy directed commercial fishery in the 
1970's and suffered severe declines. In the United States, there are no 
directed commercial fisheries for sawfish.

Petition Findings

    Given the decline in recorded abundance, limited reproductive 
capacity and documented take by commercial and recreational fishermen, 
NMFS finds that the petitioner presents substantial scientific and 
commercial information indicating that a listing of smalltooth sawfish 
may be warranted based on the criteria specified in 50 CFR 
424.14(b)(2). Under section 4(b)(3)(A) of the ESA, this finding 
requires that a status review of the status of smalltooth sawfish be 
completed within 1 year of the receipt of the petition (by November 29, 
2000) to determine whether the petitioned action to list smalltooth 
sawfish as endangered is warranted.
    NMFS also finds that there is not substantial evidence to warrant 
initiation of a status review of North American populations of 
largetooth sawfish, on the basis that the petition did not contain 
substantial scientific and commercial information to indicate the 
present existence of such a population eligible for listing. While the 
petition presented evidence that largetooth sawfish did occur at one 
time in Texas waters, based on NMFS' review of the petition and on 
other available information, we believe that the largetooth species is 
most likely a tropical species, only rarely straying to North American 
waters.

Listing Factors and Basis for Determination

    Under section 4(a)(1) of the ESA, a species can be determined to be 
threatened or endangered for any one of the following reasons: (1) 
Present or threatened destruction, modification, or curtailment of 
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 made solely on the best scientific and commercial 
data available, after conducting a review of the status of the species 
and taking into account efforts made by the State and foreign nations 
to protect such species.
    Within 1 year from the date the petition was received, a finding 
will be made as to whether listing the North American population of the 
smalltooth sawfish as endangered is warranted, as required by section 
4(b)(3)(B) of the ESA.

Information Solicited

    To ensure that the status review is complete and based on the best 
available scientific and commercial data, NMFS is soliciting 
information about smalltooth sawfish concerning the following: (1) 
Historical and current abundance and distribution; (2) the existence of 
reproducing populations; (3) biological or other relevant data to 
determine the existence or lack of distinct population segments in U.S. 
waters; (4) information on any current or planned activities that may 
adversely impact North American sawfish, especially related to the five 
listing factors identified here; and (5) ongoing efforts to protect 
sawfish and their habitat. NMFS requests that data, information, and 
comments be accompanied by supporting documentation such as maps, 
bibliographic references, or reprints of pertinent publications; and 
the person's name, address, and any association, institution, or 
business that the person represents. Such information may be submitted 
to the address given previously.
    NMFS is also soliciting data on largetooth sawfish. Even though 
NMFS has determined that a formal initiation of a status review of 
largetooth sawfish under the ESA is not warranted at this time, some 
concerns about its status still remain. If NMFS becomes aware of new 
information that would warrant a formal initiation of a status review 
of the largetooth sawfish, NMFS would announce this in the Federal 
Register.
    NMFS also requests quantitative evaluations describing the quality 
and extent of habitats for both species, as well as information on 
areas that may qualify as critical habitat. Areas that include the 
physical and biological features essential to the species should be 
identified. Essential features include, but are not limited to, the 
following (1) Habitat for individual and population growth, and for 
normal behavior; (2) food, water, air, light, minerals, or other 
nutritional or physiological requirements; (3) cover or shelter; (4) 
sites for reproduction and rearing of offspring; and (5) habitats that 
are protected from disturbance or are representative of the historic 
geographical and ecological distributions of the species.
    For areas potentially qualifying as critical habitat, NMFS requests 
information describing the activities that affect the area or could be 
affected by the designation; and the economic costs and benefits of 
additional requirements of management measures likely to result from 
the designation. The economic cost to be considered in the critical 
habitat designation under the ESA is the probable economic impact ``of 
the [critical habitat] designation upon proposed or ongoing 
activities'' (50 CFR 424.19). NMFS must consider the incremental costs 
resulting specifically from a critical habitat designation that are 
above the economic effects attributable to listing the species. 
Economic effects attributable to listing include actions resulting from 
section 7 consultations under the ESA to avoid jeopardy to the species 
and from the taking prohibitions under section 9 or 4(d) of the ESA. 
Comments concerning economic impacts should distinguish the costs of 
listing from the incremental costs that can be directly attributed to 
the designation of specific areas as critical habitat.

[[Page 12962]]

References Cited

    Bigelow, H.B. and W.C. Schroeder. 1953. Sawfishes, guitarfishes, 
skates, rays, and chimaeroids. Fishes of Western North Atlantic. Sears 
Foundation for Marine Research 1 (2): 1-514.
    Baughman, J. L. 1943. Notes on Sawfish, Pristis perotteti Muller 
and Henle, not Previously Reported from the Waters of the United 
States. Copeia 1: 43-48.
    Musick, J.A. 1999. Life in the slow lane: ecology and conservation 
of long-lived marine animals. American Fisheries Society Symposium 23, 
Bethesda, Maryland.
    Snelson, F.F., Jr. and SE. Williams. 1981. Notes on the occurrence, 
distribution and biology of elasmobranch fishes in the Indian River 
Lagoon System, Florida. Estuaries 4(2):110-120.
    Thorson, T.B. 1982. Life history implications of a tagging study of 
the largetooth sawfish, Pristis perotteti, in the Lake Nicaragua-Rio 
San Juan system. Environmental Biology of Fishes 7(3): 207-228

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

    Dated: March 6, 2000.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-5907 Filed 3-9-00; 8:45 am]
BILLING CODE 3510-22-F