[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Proposed Rules]
[Pages 58895-58901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20478]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
[Docket No. 160614518-6518-01]
RIN 0648-XE685
Endangered and Threatened Wildlife; 90-Day Finding on a Petition
To List Chambered Nautilus as Threatened or Endangered Under the
Endangered Species Act
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: 90-Day petition finding, request for information.
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SUMMARY: We, NMFS, announce a 90-day finding on a petition to list the
chambered nautilus (Nautilus pompilius) as a threatened species or an
endangered species under the Endangered Species Act (ESA). We find that
the petition, along with information readily available in our files,
presents substantial scientific or commercial information indicating
that the petitioned action may be warranted. We will conduct a status
review of this species to determine whether the petitioned action is in
fact warranted. To ensure that the status review is comprehensive, we
are soliciting scientific and commercial information pertaining to the
chambered nautilus from any interested party.
DATES: Information and comments on the subject action must be received
by October 25, 2016.
ADDRESSES: You may submit comments, information, or data on this
document, identified by the code NOAA-NMFS-2016-0098, by either of the
following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0098. Click the ``Comment Now'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Maggie Miller, NMFS
Office of Protected Resources (F/PR3), 1315 East West Highway, Silver
Spring, MD 20910, USA.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the petition and related materials are available on our
Web site at http://www.fisheries.noaa.gov/pr/species/invertebrates/chambered-nautilus.html.
FOR FURTHER INFORMATION CONTACT: Maggie Miller, Office of Protected
Resources, 301-427-8403.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2016, we received a petition from the Center for
Biological Diversity to list the chambered nautilus (N. pompilius) as a
threatened species or an endangered species under the ESA. Copies of
the petition are available upon request (see ADDRESSES).
ESA Statutory, Regulatory, and Policy Provisions and Evaluation
Framework
Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C. 1531
et seq.), requires, to the maximum extent practicable, that within 90
days of receipt of a petition to list a species as threatened or
endangered, the Secretary of Commerce make a finding on whether that
petition presents substantial scientific or commercial information
indicating that the petitioned action may be warranted, and to promptly
publish such finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)).
When it is found that substantial scientific or commercial information
in a petition indicates the petitioned action may be warranted (a
``positive 90-day finding''), we are required to promptly commence a
review of the status of the species concerned during which we will
conduct a comprehensive review of the best available scientific and
commercial information. In such cases, we conclude the review with a
finding as to whether, in fact, the petitioned action is warranted
within 12 months of receipt of the petition. Because the finding at the
12-month stage is based on a more thorough review of the available
information, as compared to the narrow scope of review at the 90-day
stage, a ``may be warranted'' finding does not prejudge the outcome of
the status review.
Under the ESA, a listing determination may address a species, which
is defined to also include subspecies and, for any vertebrate species,
any distinct population segment (DPS) that interbreeds when mature (16
U.S.C. 1532(16)). Because the chambered nautilus is an invertebrate,
the DPS option does not apply. Under the ESA, a species or subspecies
is ``endangered'' if it is in danger of extinction throughout all or a
significant portion of its range, or ``threatened'' if it is likely to
become endangered within the foreseeable future throughout all or a
significant portion of its range (ESA sections 3(6) and 3(20),
respectively, 16 U.S.C. 1532(6) and (20)). Pursuant to the ESA
[[Page 58896]]
and our implementing regulations, we determine whether species are
threatened or endangered based on any one or a combination of the
following five section 4(a)(1) factors: The present or threatened
destruction, modification, or curtailment of habitat or range;
overutilization for commercial, recreational, scientific, or
educational purposes; disease or predation; inadequacy of existing
regulatory mechanisms; and any other natural or manmade factors
affecting the species' existence (16 U.S.C. 1533(a)(1), 50 CFR
424.11(c)).
ESA-implementing regulations issued jointly by NMFS and the U.S.
Fish and Wildlife Service (50 CFR 424.14(b)) define ``substantial
information'' in the context of reviewing a petition to list, delist,
or reclassify a species as the amount of information that would lead a
reasonable person to believe that the measure proposed in the petition
may be warranted. In evaluating whether substantial information is
contained in a petition, we must consider whether the petition: (1)
Clearly indicates the administrative measure recommended and gives the
scientific and any common name of the species involved; (2) contains
detailed narrative justification for the recommended measure,
describing, based on available information, past and present numbers
and distribution of the species involved and any threats faced by the
species; (3) provides information regarding the status of the species
over all or a significant portion of its range; and (4) is accompanied
by the appropriate supporting documentation in the form of
bibliographic references, reprints of pertinent publications, copies of
reports or letters from authorities, and maps (50 CFR 424.14(b)(2)).
At the 90-day finding stage, we evaluate the petitioners' request
based upon the information in the petition including its references
considered together with the information readily available in our
files. We do not conduct additional research, and we do not solicit
information from parties outside the agency to help us in evaluating
the petition. We will accept the petitioners' sources and
characterizations of the information presented if they appear to be
based on accepted scientific principles, unless we have specific
information in our files that indicates the petition's information is
incorrect, unreliable, obsolete, or otherwise irrelevant to the
requested action. Information that is susceptible to more than one
interpretation or that is contradicted by other available information
will not be dismissed at the 90-day finding stage, so long as it is
reliable and a reasonable person would conclude it supports the
petitioners' assertions. In other words, conclusive information
indicating the species may meet the ESA's requirements for listing is
not required to make a positive 90-day finding. We will not conclude
that a lack of specific information alone precludes a positive 90-day
finding if a reasonable person would conclude that the unknown
information itself suggests an extinction risk of concern for the
species at issue.
To make a 90-day finding on a petition to list a species, we
evaluate whether the petition presents substantial scientific or
commercial information indicating the subject species may be either
threatened or endangered, as defined by the ESA. First, we evaluate
whether the information presented in the petition, along with the
information readily available in our files, indicates that the
petitioned entity constitutes a ``species'' eligible for listing under
the ESA. Next, we evaluate whether the information indicates that the
species faces an extinction risk that is cause for concern; this may be
indicated in information expressly discussing the species' status and
trends, or in information describing impacts and threats to the
species. We evaluate any information on specific demographic factors
pertinent to evaluating extinction risk for the species (e.g.,
population abundance and trends, productivity, spatial structure, age
structure, sex ratio, diversity, current and historical range, habitat
integrity or fragmentation), and the potential contribution of
identified demographic risks to extinction risk for the species. We
then evaluate the potential links between these demographic risks and
the causative impacts and threats identified in section 4(a)(1).
Information presented on impacts or threats should be specific to
the species and should reasonably suggest that one or more of these
factors may be operative threats that act or have acted on the species
to the point that it may warrant protection under the ESA. Broad
statements about generalized threats to the species, or identification
of factors that could negatively impact a species, do not constitute
substantial information indicating that listing may be warranted. We
look for information indicating that not only is the particular species
exposed to a factor, but that the species may be responding in a
negative fashion; then we assess the potential significance of that
negative response.
Many petitions identify risk classifications made by
nongovernmental organizations, such as the International Union for
Conservation of Nature (IUCN), the American Fisheries Society, or
NatureServe, as evidence of extinction risk for a species. Risk
classifications by other organizations or made under other Federal or
state statutes may be informative, but such classification alone may
not provide the rationale for a positive 90-day finding under the ESA.
For example, as explained by NatureServe, their assessments of a
species' conservation status do ``not constitute a recommendation by
NatureServe for listing under the U.S. Endangered Species Act'' because
NatureServe assessments ``have different criteria, evidence
requirements, purposes and taxonomic coverage than government lists of
endangered and threatened species, and therefore these two types of
lists should not be expected to coincide'' (http://www.natureserve.org/prodServices/pdf/NatureServeStatusAssessmentsListing-Dec%202008.pdf).
Additionally, species classifications under IUCN and the ESA are not
equivalent; data standards, criteria used to evaluate species, and
treatment of uncertainty are also not necessarily the same. Thus, when
a petition cites such classifications, we will evaluate the source of
information that the classification is based upon in light of the
standards on extinction risk and impacts or threats discussed above.
Taxonomy of the Petitioned Chambered Nautilus
The petition notes that the taxonomy of the nautiloids is
controversial. Based on the Integrated Taxonomic Information System,
which has a disclaimer that it ``is based on the latest scientific
consensus available . . . [but] is not a legal authority for statutory
or regulatory purposes,'' there are presently five recognized species
within the genus Nautilus: N. belauensis (Saunders, 1981), N.
macromphalus (Sowerby, 1849), N. pompilius (Linnaeus, 1758), N.
repertus (Iredale, 1944), and N. stenomphalus (Sowerby, 1849). However,
a review and analysis of recent genetic and morphological data suggests
that perhaps only two of these five species are valid: N. pompilius and
N. macromphalus, with the other three species more parsimoniously
placed within N. pompilius (Ward et al., 2016). While the taxonomy of
the Nautilus genus may not be fully resolved, we find that the
information provided by the petitioner and readily available in our
files presents substantial scientific or commercial information
indicating that the petitioned entity, N. pompilius, constitutes a
valid ``species'' and is thus
[[Page 58897]]
is a type of entity that may be eligible for listing under the ESA.
Range, Distribution and Life History
The chambered nautilus is found in tropical, coastal reef, deep-
water habitats of the Indo-Pacific. Its known range includes waters off
American Samoa, Australia, Fiji, India, Indonesia, Malaysia, New
Caledonia, Papua New Guinea, Philippines, Solomon Islands, and Vanuatu,
and it may also potentially occur in waters off China, Myanmar, Western
Samoa, Thailand, and Vietnam (Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) 2016). Within its
range, the chambered nautilus has a patchy distribution and is
unpredictable in its area of occupancy. Based on multiple research
studies, the presence of suitable habitat on coral reefs does not
necessarily indicate the likelihood of chambered nautilus occurrence
(CITES 2016). Additionally, the chambered nautilus is limited in its
horizontal and vertical distribution throughout its range due to
physiological constraints. Physiologically, the chambered nautilus
cannot tolerate temperatures above approximately 25 [deg]C or depths
exceeding around 750-800 meters (m) (Ward et al., 1980; Carlson 2010).
At depths greater than 800 m, the hydrostatic pressure will cause the
shell of the nautilus to implode, thereby killing the animal (Ward et
al., 1980). Based on these physiological constraints, the chambered
nautilus is considered to be an extreme habitat specialist, found in
association with steep-sloped forereefs with sandy, silty, or muddy-
bottomed substrates. Within these habitats, the species ranges from
around 100 m depths (which may vary depending on the water temperature)
to around 500 m depths (CITES 2016). The chambered nautilus does not
swim in the open water column (likely due to its vulnerability to
predation), but rather remains near the reef slopes and bottom
substrate, and thus can be best characterized as a nektobenthic or
epibenthic species (Barord et al., 2014; CITES 2016).
Chambered nautiluses are described as deep-sea scavenging
generalists and opportunistic predators. They have up to 90 retractable
appendages, or tentacles, that they use to dig in the substrate and
feed on a variety of organisms, including fish, crustaceans, echinoids,
nematodes, cephalopods, other marine invertebrates, and detrital matter
(Saunders and Ward 2010). The chambered nautilus also has an acute
sense of olfaction and can easily smell odors (such as prey) from
significant distances (Basil et al., 2000).
The general life history characteristics of the chambered nautilus
are that of a rare, long-lived, late-maturing, and slow-growing marine
invertebrate species, with likely low reproductive output.
Circumferential growth rate for the chambered nautilus has been
estimated to range from 0.053 mm/day to 0.23 mm/day, with growth rates
slowing as the animal approaches maturity (Dunstan et al., 2010;
Dunstan et al., 2011b); however, overall shell size appears to vary
among regions, with smaller shell diameters (170-180 mm) noted around
Fiji and the Philippines (Tanabe et al., 1990), and larger diameters
(up to 222 mm) off Western Australia. Additionally, the species
exhibits sexual dimorphism, with males consistently growing to larger
sizes than females (Saunders and Ward 2010). Males also tend to
dominate the sex ratios in populations, with observed proportions
ranging from 69 to 95 percent in observed populations (Saunders and
Ward 2010).
Chambered nautilus longevity is at least 20 years, with age to
maturity between 10 and 17 years (Dunstan et al., 2011b; Ward et al.,
2016). Very little is known regarding nautilus reproduction in the
wild. Observations of captive animals suggest that nautiluses reproduce
sexually and have multiple reproductive cycles over the course of their
lifetime. Based on data from captive N. belauensis and N. macromphalus
individuals, female nautiluses may lay up to 10 to 20 eggs per year,
which hatch after a lengthy embryonic period of around 10 to 12 months
(Uchiyama and Tanabe 1999; Barord and Basil 2014). There is no larval
phase, with juveniles hatching at around 22-23 mm in diameter, and
potentially migrating to deeper and cooler waters (Barord and Basil
2014); however, live hatchlings have rarely been observed in the wild.
Overall, given the life history traits and physiological habitat
constraints of N. pompilius, chambered nautilus populations (discussed
in more detail below) are extremely susceptible to depletion and
vulnerable to local extirpations (CITES 2016).
Analysis of Information Presented in the Petition Along With
Information Readily Available in NMFS' Files
The petition contains information on the chambered nautilus,
including its taxonomy, morphological characteristics, geographic
distribution, habitat, population abundance and trends, and factors
contributing to the species' decline. According to the petition, all
five causal factors in section 4(a)(1) of the ESA are adversely
affecting the continued existence of the chambered nautilus: (A) The
present or threatened destruction, modification, or curtailment of its
habitat or range; (B) overutilization for commercial, recreational,
scientific, or educational purposes; (C) disease or predation; (D)
inadequacy of existing regulatory mechanisms; and (E) other natural or
manmade factors.
In the following sections, we summarize and evaluate the
information presented in the petition, which we consider together with
information readily available in our files on the status of N.
pompilius, including demographic factors, and the ESA section 4(a)(1)
factors that may be affecting its risk of global extinction. Based on
this evaluation, we determine whether a reasonable person would
conclude that an endangered or threatened listing under the ESA may be
warranted for this species.
Abundance and Population Trends
The global abundance of the chambered nautilus is unknown, with no
available historical baseline population data. In fact, the first study
to estimate baseline population size and density for the species, in a
given area, was only recently conducted by Dunstan et al., (2011a).
This study examined the N. pompilius population at Osprey Reef, an
isolated coral seamount off Australia's northeastern coast, with no
history of nautilus exploitation. Based on data collected from 2000 to
2006, the authors estimated that the population at Osprey Reef
consisted of between 844 and 4,467 individuals, with a density estimate
of 13.6 individuals per square kilometer (km\2\) (Dunstan et al.,
2011a). Subsequent research, conducted by Barord et al., (2014),
provided density estimates of nautiluses (species not identified) from
four locations in the Indo-Pacific: The Panglao region of the Bohol
Sea, Philippines, with 0.03 individuals per km\2\, Taena Bank near Pago
Pago harbor, American Samoa, with 0.16 individuals per km\2\, the Beqa
Passage in Viti Levu, Fiji, with 0.21 individuals per km\2\, and the
Great Barrier Reef along a transect from Cairns to Lizard Island,
Australia, with 0.34 individuals per km\2\. With the exception of the
Bohol Sea, these populations are located in areas where fishing for
nautilus does not occur, suggesting that nautiluses may be naturally
rare, or that other unknown factors, besides fishing, may be affecting
abundance of these species. The authors also indicate that the
population estimates from this study
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may, in fact, be overestimates as they used baited remote underwater
video systems to attract individuals to the observation area (Barord et
al., 2014). In either case, these very low population estimates suggest
that chambered nautiluses are especially vulnerable to exploitation,
with limited capacity to recover from depletion. This theory is further
supported by the comparison between the population size in the Panglao
region of the Bohol Sea, where nautilus fishing is occurring, and the
unfished sites in American Samoa, Fiji, and Australia, with the Bohol
Sea population estimated to be less than 20 percent of the smallest
unfished population (Barord et al., 2014).
In terms of current trends in abundance, populations are considered
to be stable in areas where fisheries are absent (e.g., Fiji and
Solomon Islands), although data to confirm this are lacking (CITES
2016). In the Osprey Reef population discussed above, Dunstan et al.
(2010) used mark-and-recapture methods to examine the trend in the
catch per unit effort (CPUE) of individuals over a 12-year period.
Analysis of the CPUE data showed a slight increase of 28 percent from
1997 to 2008, and while this increase was not statistically
significant, the results indicate a stable N. pompilius population in
this unexploited area (Dunstan et al., 2010). However, in locations
where fisheries have operated or currently operate, anecdotal declines
and observed decreases in catches of nautilus species are reported.
Citing multiple personal communications, the 2016 proposal to include
the Family Nautilidae in Appendix II of CITES (CITES 2016) noted
declines of N. pompilius in Indian and New Caledonian waters, where
commercial harvest occurred in the past for several decades, and in
Indonesian waters, where harvest is suspected to be increasing. In
fact, traders in Indonesia have observed a significant decrease in the
number of nautiluses collected over the past 10 years, which may be an
indication of a declining and depleted population (Freitas and
Krishnasamy 2016). In the Philippines, Dunstan et al. (2010) estimated
that the CPUE of Nautilus spp. from four main nautilus fishing
locations in the Palawan region has decreased by around 80 percent over
a period of less than 30 years. Furthermore, in Tawi Tawi,
Cayangacillo, and Ta[ntilde]on Strait/Cebu, Philippines, fisheries that
once existed for chambered nautilus have since been discontinued due to
the rarity of the species, with Alcala and Russ (2002) noting the
likely extirpation of N. pompilius from Ta[ntilde]on Strait in the late
1980s. The fact that the species has not yet recovered in the
Ta[ntilde]on Strait, despite an absence of nautilus fishing in over two
decades, further supports the susceptibility of the species to
exploitation and its limited capability to repopulate an area after
depletion.
Overall, given the species' natural rarity throughout its range,
its presence as small, sparsely distributed, and highly fragmented
populations, and its low fecundity and limited dispersal capability,
with geographic barriers to movement and strict habitat requirements,
we find that even a small number of mortalities could potentially have
significant negative population-level effects that may lead to regional
extirpations (as may have already occurred in Ta[ntilde]on Strait) and
potentially extinction. As such, we find that these current demographic
risks could increase the species' vulnerability to present and future
threats to the point where the species may be at a risk of extinction
and thus warrant further investigation.
Analysis of ESA Section 4(a)(1) Factors
While the petition presents information on each of the ESA section
4(a)(1) factors, we find that the information presented in the
petition, together with information readily available within our files,
regarding the overutilization of the chambered nautilus for commercial
purposes is substantial enough to make a determination that a
reasonable person would conclude that this species may warrant listing
as endangered or threatened based on this factor alone. As such, we
focus our discussion below on the evidence of overutilization for
commercial purposes, with comments on the inadequacy of existing
regulatory mechanisms to control the exploitation of chambered
nautiluses, and present our evaluation of the information regarding
these factors and their impact on the extinction risk of the species.
However, we note that in the status review for this species, we will
evaluate all ESA section 4(a)(1) factors to determine whether any one
or a combination of these factors are causing declines in the species
or likely to substantially negatively affect the species within the
foreseeable future to such a point that the chambered nautilus is at
risk of extinction or likely to become so in the foreseeable future.
Overutilization for Commercial, Recreational, Scientific, or
Educational Purposes
Information presented in the petition and readily available in our
files suggests that the primary threat to the chambered nautilus is
overutilization for commercial purposes--mainly, harvest for the
international nautilus shell trade. Chambered nautilus shells, which
have a distinctive coiled interior, are traded as souvenirs to tourists
and shell collectors and also used in jewelry and home d[eacute]cor
items (where either the whole shell is sold as a decorative object or
parts are used to create shell-inlay designs) (CITES 2016). The trade
in the species is largely driven by the international demand for their
shells and shell products since fishing for nautiluses has been found
to have no cultural or historical relevance (Dunstan et al., 2010; De
Angelis 2012; CITES 2016; Freitas and Krishnasamy 2016). Nautilus meat
is also not locally in demand (or used for subsistence) but rather sold
or consumed as a by-product of fishing for the nautilus shells (De
Angelis 2012; CITES 2016). While all species of nautiluses are found in
international trade, N. pompilius, being the most widely distributed,
is the species most commonly traded (CITES 2016).
Although most of the trade in chambered nautiluses originates from
the range countries where fisheries exist or have existed for the
species, particularly the Philippines and Indonesia, commodities also
come from those areas with no known fisheries (such as Fiji and Solomon
Islands). Other countries of origin for N. pompilius products include
Australia, China, Taiwan, India, Malaysia, New Caledonia, Papua New
Guinea, Vanuatu, and Vietnam (Freitas and Krishnasamy 2016). Known
consumer markets for chambered nautilus products include the Middle
East (United Arab Emirates, Saudi Arabia), Australia, Singapore,
Malaysia, Indonesia, Philippines, Hong Kong, Russia, Korea, Japan,
China, Taiwan and India, with major consumer markets noted in the
European Union (Italy, France, Portugal), the United Kingdom, and the
United States (Freitas and Krishnasamy 2016). In fact, between 2005 and
2014, the United States imported more than 900,000 chambered nautilus
products, comprising at least 104,476 individuals and equating to a
little over 1,000 individuals traded annually (CITES 2016). The vast
majority of these U.S. imports originated from the Philippines (85
percent of the traded commodities), followed by Indonesia (12 percent),
China (1.4 percent), and India (1.3 percent) (CITES 2016).
Because harvest of the chambered nautilus is primarily demand-
driven for the international shell trade, with no historical or
cultural importance, the
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intensive nautilus fisheries that develop to meet this demand tend to
follow a boom-bust cycle that lasts around a decade or two before
becoming commercially nonviable (Dunstan et al., 2010; De Angelis 2012;
CITES 2016). Given that the chambered nautilus exists as small,
isolated populations, harvest of the species may continue for many
years within a region, with the fisheries serially depleting each
population until the species is essentially extirpated from that region
(CITES 2016). Commercial harvest of the species is presently occurring
or has occurred in the Philippines, Indonesia, New Caledonia, Papua New
Guinea, and also potentially in China, Palau, Thailand and Vanuatu
(CITES 2016). However, based on the number of commodities entering the
international trade, it is likely that the Philippines and Indonesia
have the largest commercial fisheries for chambered nautilus, with
multiple harvesting sites throughout these nations (CITES 2016).
Although information on harvest levels and the status of chambered
nautilus populations within this portion of its range is limited, the
available data, discussed below, do provide evidence of the negative
impact of these fisheries and overutilization of the species that speak
to the likelihood of its risk of extinction in the future.
As mentioned previously, significant declines of N. pompilius have
been observed in both the Philippines and Indonesia, primarily a result
of overutilization of the species. For example, in 1971, Haven (1972
cited in Haven (1977)) found that Ta[ntilde]on Strait, Philippines, was
an abundant source of N. pompilius. From 1971 to 1972, around 3,200
individuals were captured for study (Haven 1977). Filipino fisherman
also began fishing this location for nautilus shells around this time,
with the numbers of fishermen tripling during subsequent years;
however, by 1975, the impact of this harvest on the species was already
evident (Haven 1977). Fishermen in 1975 reported having to move
operations to deeper water as catches were now rare at shallower
depths, and the number of individuals per trap had also decreased
(Haven 1977). Additionally, although the number of fishermen had
tripled in those 3 years, and therefore fishing effort for the species
intensified, the catch did not see an associated increase, indicating a
likely decrease in the abundance of the species within the area (Haven
1977). From October to November of 1975, fishermen reported around 220
trapped individuals, a number similar to the 300 individuals caught by
Haven (1977) in the month of October in 1971 and prior to the
establishment of the nautilus fishery. By the early 1980s, CITES (2016)
reports that around 5,000 chambered nautiluses were trapped per year in
Ta[ntilde]on Strait, but by 1987, the population was estimated to have
declined by 97 percent, with the species considered to be commercially
extinct and potentially extirpated from the area (Alcala and Russ
2002).
This level of harvest (5,000 chambered nautilus individuals/year),
which, based on the information from the Ta[ntilde]on Strait, appears
to lead to local extirpations, is being greatly exceeded in a number of
other areas throughout the chambered nautilus' range. In Tibiao,
Antique province, in northwestern Panay Island, Philippines, del Norte-
Campos (2005) estimated annual yield of the chambered nautilus to be
around 12,200 individuals for the entire fishery (based on data from
2001-2002). Based on personal communication provided in CITES (2016),
in the Palawan, Philippines nautilus fishery, 9,091 nautiluses were
harvested in 2013 and 37,341 in 2014. This level of harvest is
particularly concerning given the significant declines already observed
in the Palawan nautilus fisheries. In four of the five main nautilus
fishing areas in this province, Dunstan et al. (2010) estimated a
decline in CPUE of the species ranging from 70 to 90 percent (depending
on the fishing site) over the course of 6 to 24 years. Based on
interviews of fishermen, when they began fishing for nautiluses,
initial harvest in the majority of the fishing sites was estimated to
be over 20,000 nautiluses/year (Dunstan et al., 2010), a level that was
clearly unsustainable for the species and consequently led to
significant declines in abundance of the species within these areas.
The one main fishing region in Palawan that did not show a decline was
the municipality of Balabac; however, the authors note that this
fishery is relatively new (active for less than 8 years), with fewer
fishermen, and, as such, may not have yet reached the point where the
population crashes or declines become evident in catch rates (Dunstan
et al., 2010). Given that the estimated annual catches in the Balabac
municipality ranged from 4,000 to 42,000 individuals in 2008 (Dunstan
et al., 2010), with more recent Palawan harvest levels reportedly over
37,000 in 2014 (CITES 2016), this level of annual harvest, based on the
trends from the other Palawan fishing sites (Dunstan et al., 2010), may
likely lead to significant population declines in chambered nautilus in
the near future, increasing the species' risk of extirpation from this
portion of its range. Already, ``crashed fisheries'' and, hence,
severely depleted populations of nautiluses have been identified at
Tawi Tawi (an island province in southwestern Philippines) and
Cagayancillo (an island in the Palawan province) (Dunstan et al.,
2010). From the available data in the petition and readily available in
our files on the life history of the species, including current trends
and evidence of a lack of recovery in populations that have not been
fished for over 30 years, we find that present utilization of the
species in this portion of its range may have significant negative
effects on the viability of the chambered nautilus populations and,
consequently, contribute to an extinction risk that is cause for
concern and warrants further investigation.
Overutilization of the chambered nautilus populations off Indonesia
may also be a threat contributing to the species' risk of extinction
that is cause for concern. Despite Indonesia's current prohibition
(implemented in 1999) on the harvest and trade of the species, both
domestic and internationally, it is apparent that both are still
occurring throughout Indonesia (Nijman et al., 2015; Freitas and
Krishnasamy 2016). In fact, based on the increasing number of chambered
nautilus commodities originating from Indonesia, it is suggested that
nautilus fishing has potentially shifted to Indonesian waters due to
depletion of the species in the Philippines (CITES 2016). However,
similar to the trend observed in the Philippines, a pattern of serial
depletion of nautiluses due to harvesting in Indonesia is emerging,
with both fishermen and traders noting a significant decline in the
numbers of chambered nautiluses over the last 10 years (CITES 2016;
Freitas and Krishnasamy 2016). For example, fishermen in North Lombok
note that they used to trap around 10 to 15 nautiluses in one night,
but currently catch only 1 to 3 a night (Freitas and Krishnasamy 2016).
Similarly, in Bali, fishermen reported nightly catches of around 10 to
20 nautiluses until 2005, after which yields have been much less
(Freitas and Krishnasamy 2016). While fishing for chambered nautiluses
has essentially decreased in western Indonesia (likely due to a
depletion of the stocks), the main trade centers for nautilus
commodities are still located here (i.e., Java, Bali, Sulawesi and
Lombok). The sources of nautilus shells for these centers now appears
to
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originate from eastern Indonesian waters (including northeastern
Central Java, East Java, and West Nusa Tengarra eastward) where it is
thought that nautilus populations may still be abundant enough to
support economically viable fisheries, and where enforcement of the
current N. pompilius prohibition appears to be weaker (Nijman et al.,
2015; Freitas and Krishnasamy 2016). Data collected from two large open
markets in Indonesia (Pangandaran and Pasir Putih) and wholesale
traders indicate that chambered nautiluses are still being offered for
sale as of 2013, with one of the wholesalers noting that he exports
merchandise to Malaysia and Saudi Arabia on a bimonthly basis (Nijman
et al., 2015). Based on seizure data from 2005 to 2013, over 3,000
chambered nautiluses were confiscated by Indonesian authorities (Nijman
et al., 2015). Additionally, De Angelis (2012), citing a personal
communication, estimated that around 25,000 nautilus specimens were
exported from Indonesia to China for the Asian meat market between 2007
and 2010. Given the ongoing demand for chambered nautilus products, the
apparent disregard of current prohibition regulations by collectors and
traders and lack of enforcement, the observed declining trends in N.
pompilius fisheries, and the increasing number of nautilus commodities
originating from Indonesia, we find that the available information in
the petition, together with information readily available in our files,
suggest current N. pompilius harvest levels within this portion of its
range may be contributing to the overutilization of the species and
increasing its risk of extinction that is cause for concern.
Active nautilus fisheries also existed and still exist throughout
most of the remaining extent of the species' known range, including in
India, New Caledonia, Vanuatu, and potentially Papua New Guinea. In
India, CITES (2016) states that the chambered nautilus has been
exploited for decades. A 2007 survey found the species was being sold
in 20 percent of the major coastal tourist markets in southern India,
despite the species being protected from capture and trade by domestic
law since 2000 (CITES 2016). In New Caledonia, intensive nautilus
fisheries reportedly existed in the past. It is unclear whether
commercial fisheries still exist today for the species; however, based
on data from 2008, N. pompilius shells are still being sold to tourists
(CITES 2016). In Vanuatu and Papua New Guinea, targeted chambered
nautilus fisheries may be present; however, these fisheries have yet to
be investigated (NMFS 2014; CITES 2016). Overall, out of the 11 nations
in which N. pompilius is known to occur, over half historically or
current have targeted nautilus fisheries.
We note that, while the species is afforded some protection in the
southern portion of its range, particularly in waters off Australia
where there is no commercial harvest for the species (CITES 2016), it
is unclear whether these populations may be enough to protect the
species from potential extinction throughout all or a significant
portion of its range. This conclusion is based on the considerations
described above, including the significant uncertainties associated
with the species' life history and its high demographic risks, as
supported by information presented in the petition together with
information readily available in our files. The potential contribution
of these populations to the species will be investigated further during
the status review of the species.
Although the petition identifies numerous other threats to the
chambered nautilus, including habitat degradation, predation, climate
change, and ocean acidification, we find that the information presented
in the petition, together with information readily available in our
files, suggest that overutilization of the species for commercial
purposes, in and of itself, may be a threat impacting the chambered
nautilus to such a degree that raises concern that this species may be
at risk of extinction presently or in the foreseeable future. Due to
the apparent lack of enforcement and the inadequacy of existing
regulatory mechanisms, particularly throughout the northern portion of
the species' range, the ongoing demand for the species in the
international shell trade, the significant demographic risks faced by
the species (including extremely low productivity and rare, fragmented,
and isolated populations with limited dispersal capability) and the
evidence of substantial declines in populations and potential
extirpations, we find that present harvest levels and associated
mortality may be placing the species at such a risk of extinction that
would lead a reasonable person to conclude that N. pompilius may
warrant listing as a threatened or endangered species throughout all or
a significant portion of its range.
Petition Finding
After reviewing the information presented in the petition, and
considering information readily available in our files, and based on
the above analysis, we conclude the petition presents substantial
scientific information indicating that the petitioned action of listing
the chambered nautilus as a threatened or endangered species may be
warranted. Therefore, in accordance with section 4(b)(3)(B) of the ESA
and NMFS' implementing regulations (50 CFR 424.14(b)(3)), we will
commence a status review of this species.
During the status review, we will determine whether the chambered
nautilus is in danger of extinction (endangered) or likely to become so
(threatened) throughout all or a significant portion of its range. We
now initiate this review, and thus, N. pompilius is considered to be a
candidate species (69 FR 19975; April 15, 2004). Within 12 months of
the receipt of the petition (May 31, 2017), the statute requires that
we make a finding as to whether listing the chambered nautilus as an
endangered or threatened species is warranted as required by section
4(b)(3)(B) of the ESA. If listing is warranted, we will publish a
proposed rule and solicit public comments before developing and
publishing a final rule.
Information Solicited
To ensure that the status review is based on the best available
scientific and commercial data, we are soliciting information on
whether the chambered nautilus is endangered or threatened.
Specifically, we are soliciting information in the following areas: (1)
Historical and current distribution and abundance of this species
throughout its range; (2) historical and current population trends; (3)
life history in marine environments; (4) historical and current data on
nautilus catch and bycatch in industrial, commercial, artisanal, and
recreational fisheries worldwide; (5) impacts to known chambered
nautilus habitats; (5) data on the trade of chambered nautilus
products, including shells, meat, and live specimens; (6) impacts of
the ecotourism industry on chambered nautilus behavior and survival;
(7) predation rates on chambered nautilus; (8) any current or planned
activities that may adversely impact the chambered nautilus or its
habitat; (9) ongoing or planned efforts to protect and restore this
species and its habitat; (10) population structure information, such as
genetics data; and (11) management, regulatory, and enforcement
information. We request that all information be accompanied by: (1)
Supporting documentation such as
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maps, bibliographic references, or reprints of pertinent publications;
and (2) the submitter's name, address, and any association,
institution, or business that the person represents.
References Cited
A complete list of references is available upon request to the
Office of Protected Resources (see ADDRESSES).
Authority
The authority for this action is the Endangered Species Act of
1973, as amended (16 U.S.C. 1531 et seq.).
Dated: August 22, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-20478 Filed 8-25-16; 8:45 am]
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