Endangered and threatened species: Findings on petitions, etc.— Barndoor skate,

[Federal Register: June 21, 1999 (Volume 64, Number 118)]

[Proposed Rules]

[Page 33040-33041]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21jn99-19]

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.

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. 99-15724Filed6-18-99; 8:45 am]

BILLING CODE 3510-22-F