82_FR_11576 82 FR 11540 - Endangered and Threatened Wildlife and Plants; Notice of 12-Month Finding on a Petition To List Thorny Skate as Threatened or Endangered Under the Endangered Species Act (ESA)

82 FR 11540 - Endangered and Threatened Wildlife and Plants; Notice of 12-Month Finding on a Petition To List Thorny Skate as Threatened or Endangered Under the Endangered Species Act (ESA)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 36 (February 24, 2017)

Page Range11540-11558
FR Document2017-03644

We, NMFS, have completed a comprehensive status review under the Endangered Species Act (ESA) for thorny skate (Amblyraja radiata) in response to a petition to list this species. Based on the best scientific and commercial information available, including the status review report, and taking into account ongoing efforts to protect this species, we have determined that the listing of a Northwest Atlantic (NWA) distinct population segment (DPS) or a U.S. DPS is not warranted at this time. While the petition only sought the listing of one of two alternative DPSs, we exercised our discretion to consider whether the listing of the species at the taxonomic level is warranted. We conclude that thorny skate is not currently in danger of extinction throughout all or a significant portion of its range or likely to become so in the foreseeable future.

Federal Register, Volume 82 Issue 36 (Friday, February 24, 2017)
[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11540-11558]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03644]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 150901797-7177-02]
RIN 0648-XE163


Endangered and Threatened Wildlife and Plants; Notice of 12-Month 
Finding on a Petition To List Thorny Skate as Threatened or Endangered 
Under the Endangered Species Act (ESA)

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

ACTION: Notice; 12-month finding and availability of status review 
document.

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SUMMARY: We, NMFS, have completed a comprehensive status review under 
the Endangered Species Act (ESA) for thorny skate (Amblyraja radiata) 
in response to a petition to list this species. Based on the best 
scientific and commercial information available, including the status 
review report, and taking into account ongoing efforts to protect this 
species, we have determined that the listing of a Northwest Atlantic 
(NWA) distinct population segment (DPS) or a U.S. DPS is not warranted 
at this time. While the petition only sought the listing of one of two 
alternative DPSs, we exercised our discretion to consider whether the 
listing of the species at the taxonomic level is warranted. We conclude 
that thorny skate is not currently in danger of extinction throughout 
all or a significant portion of its range or likely to become so in the 
foreseeable future.

DATES: This finding was made on February 24, 2017.

ADDRESSES: The status review document for thorny skate is available 
electronically at: www.nmfs.noaa.gov/pr/species/notwarranted.htm. You 
may also obtain a copy by submitting a request to the Protected 
Resources Division, NMFS GARFO, 55 Great Republic Drive, Gloucester, MA 
01930, Attention: Thorny Skate 12-month Finding.

FOR FURTHER INFORMATION CONTACT: Kim Damon-Randall, NMFS Greater 
Atlantic Regional Fisheries Office, 978-282-8485; or Marta Nammack, 
NMFS Office of Protected Resources, 301-427-8469.

SUPPLEMENTARY INFORMATION:

Background

    We received a petition, dated May 28, 2015, from Animal Welfare 
Institute (AWI) and Defenders of Wildlife (DW) requesting that we list 
a ``Northwest Atlantic DPS'' of thorny skate as threatened or 
endangered under the ESA, or, as an alternative, a ``U.S. DPS'' as 
threatened or endangered. The petition also requests we designate 
critical habitat for thorny skate. In response to this petition, we 
published a ``positive'' 90-finding on October 26, 2015 (80 FR 65175), 
in which we concluded that the petition presented substantial 
scientific and commercial information indicating that listing under the 
ESA may be warranted, and a review of the status of the species was 
initiated.
    We then performed a detailed review and determined that the best 
available scientific and commercial information does not support a 
listing. The resulting status review report included an in-depth review 
of the available scientific literature, an analysis of the five ESA 
section 4(a)(1) factors (16 U.S.C. 1533(a)(1)(A)-(E)), and an 
assessment of extinction risk. The status review report was 
independently peer reviewed by external experts. This listing 
determination is based on the status

[[Page 11541]]

review report, along with other published and unpublished information.

Listing Species Under the ESA

    We are responsible for determining whether the thorny skate is 
threatened or endangered under the ESA (16 U.S.C. 1531 et seq.). To 
make this determination, we first consider whether a group of organisms 
constitutes a ``species'' under section 3 of the ESA, then whether the 
status of the species qualifies it for listing as either threatened or 
endangered. Section 3 of the ESA defines species to include ``any 
subspecies of fish or wildlife or plants, and any distinct population 
segment of any species of vertebrate fish or wildlife which interbreeds 
when mature.'' On February 7, 1996, NMFS and the U.S. Fish and Wildlife 
Service (USFWS; together, the Services) adopted a policy describing 
what constitutes a DPS of a taxonomic species (61 FR 4722). Under the 
joint DPS policy, we consider the following when identifying a DPS: (1) 
The discreteness of the population segment in relation to the remainder 
of the species or subspecies to which it belongs; and (2) the 
significance of the population segment to the species or subspecies to 
which it belongs.
    Section 3 of the ESA further defines an endangered species as ``any 
species which is in danger of extinction throughout all or a 
significant portion of its range'' and a threatened species as one 
``which is likely to become an endangered species within the 
foreseeable future throughout all or a significant portion of its 
range.'' Thus, we interpret an ``endangered species'' to be one that is 
presently in danger of extinction. A ``threatened species,'' on the 
other hand, is not presently in danger of extinction, but is likely to 
become so in the foreseeable future (that is, at a later time). In 
other words, the primary statutory difference between a threatened and 
endangered species is the timing of when a species may be in danger of 
extinction, either presently (endangered) or in the foreseeable future 
(threatened). Section 4(a)(1) of the ESA also requires us to determine 
whether any species is endangered or threatened as a result of any of 
the following five factors: The present or threatened destruction, 
modification, or curtailment of its habitat or range; overutilization 
for commercial, recreational, scientific, or educational purposes; 
disease or predation; the inadequacy of existing regulatory mechanisms; 
or other natural or manmade factors affecting its continued existence. 
(16 U.S.C. 1533(a)(1)(A)-(E)). Section 4(b)(1)(A) of the ESA requires 
us to make listing determinations based solely on the best scientific 
and commercial data available after conducting a review of the status 
of the species and after taking into account efforts being made by any 
state or foreign nation or political subdivision thereof to protect the 
species. In evaluating the efficacy of existing domestic protective 
efforts, we rely on the Services' joint Policy on Evaluation of 
Conservation Efforts When Making Listing Decisions (``PECE''; 68 FR 
15100; March 28, 2003) for any conservation efforts that have not been 
implemented or have been implemented but not yet demonstrated 
effectiveness.

Status Review

    The status review report for thorny skate is composed of two 
components: (1) A scientific literature review and analysis of the five 
ESA section 4(a)(1) factors and (2) an assessment of the extinction 
risk. A biologist in NMFS' Greater Atlantic Region, working in 
cooperation with NMFS Northeast Fisheries Science Center (NEFSC), 
completed the first component, undertaking a scientific review of the 
life history and ecology, distribution and abundance, and an analysis 
of the ESA section 4(a)(1) factors. The Extinction Risk Assessment 
(ERA) was compiled by a biologist in NMFS' Greater Atlantic Region. The 
ERA was informed by invited workshop participants who based their 
individual expert opinions on the information contained in the 
scientific literature review. The workshop participants were comprised 
of a fisheries management specialist from NMFS' Highly Migratory 
Species Management Division, two research fishery biologists from NMFS' 
Northeast Fisheries Science Center, an elasmobranch expert from Sharks 
International, a fisheries manager from the New England Fishery 
Management Council, and a research director from the New England 
Aquarium. The workshop participants had expertise in elasmobranch 
biology and ecology, population dynamics, fisheries management, climate 
change and/or stock assessment science. The workshop participants 
reviewed the information from the scientific literature review. The 
status review report for thorny skate (NMFS 2017) compiles the best 
available information on the status of the species as required by the 
ESA, provides an evaluation of the discreteness and significance of 
populations in terms of the DPS policy, and assesses the current and 
future extinction risk, focusing primarily on threats related to the 
five statutory factors set forth above. We prepared this report to 
summarize the workshop participants' professional judgments of the 
extinction risk facing thorny skate. The workshop participants made no 
recommendations as to the listing status of the species, nor does the 
status review report. The status review report is available 
electronically at the Web site listed in ADDRESSES.
    The status review report underwent independent peer review as 
required by the Office of Management and Budget Final Information 
Quality Bulletin for Peer Review (M-05-03; December 16, 2004). The 
status review report was peer reviewed by three independent specialists 
selected from government, academic, and scientific communities, with 
expertise in elasmobranch biology, conservation and management, and 
specific knowledge of thorny skates. The peer reviewers were asked to 
evaluate the adequacy, quality, and completeness of the data considered 
and whether uncertainties in these data were identified and 
characterized in the status review report, as well as to evaluate the 
findings made in the ``Assessment of Extinction Risk'' section of the 
report. They were also asked to specifically identify any information 
missing or lacking justification, or whether information was applied 
incorrectly in reaching conclusions. We addressed all peer reviewer 
comments prior to finalizing the status review report. Comments 
received are posted online at www.cio.noaa.gov/services_programs/prplans/ID365.html.
    We subsequently reviewed the status review report, the cited 
references, and the peer review comments, and we concluded that the 
status review report, upon which this listing determination is based, 
provides the best available scientific and commercial information on 
thorny skate. Much of the information discussed below on thorny skate 
biology, genetic diversity, distribution, abundance, threats, and 
extinction risk is attributable to the status review report. However, 
we have independently applied the statutory provisions of the ESA, 
including evaluation of the factors set forth in section 4(a)(1)(A)-
(E); our regulations regarding listing determinations; and, our DPS and 
Significant Portion of its Range (SPR) policies in making the listing 
determination.

Distribution and Habitat Use

    The thorny skate belongs to the family Rajidae, genus Amblyraja, 
and species radiata. The thorny skate is a widely distributed boreal 
species, spanning both sides of the Atlantic. In the western North 
Atlantic, it ranges from western

[[Page 11542]]

Greenland to South Carolina. In the eastern North Atlantic, it ranges 
from the Barents Sea southward to the southwestern coasts of Ireland 
and England, including Iceland (Bigelow and Schroeder, 1953). Found 
over a wide variety of substrates including sand, broken shell, gravel, 
pebbles and soft mud, the thorny skate ranges over depths from 18 to 
1400 m (COSEWIC 2012).
    Despite its generalist nature, some habitat preferences exist. 
There is some evidence that the species prefers complex hard bottom 
habitat instead of sand or mud. Scott (1982) reported that catch rates 
of thorny skate were highest on coarser grained sediment, and catch 
rates diminished as grain size decreased on the Scotian Shelf. Also, 
more skates are caught by longlines in bottom areas that are considered 
categorized as rough versus those considered smooth (Sosebee et al., in 
prep).
    Generally, thorny skate appear to prefer deeper waters within their 
range, although the specific depth varies by location and may be 
impacted by other factors including temperature. Survey data from the 
inshore waters in the Gulf of Maine stratified by depth indicate catch 
by trawl survey gear increases sharply in depths greater than 40 meters 
(m), and peaks at around 95 m. Most individuals are caught between 70 m 
and the upper depth limit for the survey, 120 m (Sosebee et al., in 
prep). Generally, within U.S. waters, they range from a depth of 141 to 
300 m in spring and 31 to 500 m in fall, with the majority of both 
spring and fall captures between 141 to 300 m (Packer et al., 2003). 
Previous studies found thorny skate most abundant between 111 m and 366 
m throughout the U.S. range (McEachran and Musick 1975). In Canadian 
waters from the Labrador Shelf to the Grand Banks, 88 percent of thorny 
skate are found between 30 and 350 m (COSEWIC 2012). In the Gulf of St. 
Lawrence, thorny skate have been found to be increasingly concentrated 
in depths below 100 m since the early 1990s, with the majority of fish 
greater than 33 centimeters (cm) in length found around 200 m (Swain 
and Benoit 2006). Fish smaller than 33 cm concentrate in shallower 
waters around 100 m in the Gulf of St. Lawrence. In Norway, thorny 
skate show a preference for even deeper waters, being more concentrated 
between 600 and 650 m (Williams et al., 2008). Within the Barents Sea, 
average catch is highest between 100 and 200 m but thorny skates are 
captured all the way to 800 m (Dolgov et al., 2005a). Together, this 
information demonstrates that thorny skate occur in a wide range of 
depths throughout their range, but are most likely to occur in deeper 
waters.
    Thorny skate have been caught at temperatures ranging from -1.4 to 
14 [deg]Celsius (C) (McEachran and Musick 1975); however, they have a 
more narrow thermal range than most sympatric species (Hogan et al., 
2013). In the U.S. waters of the inshore Gulf of Maine, surveys catch 
nearly twice as many skates at 2.5 [deg]C as between 4.5 and 9.5 
[deg]C, with catch rates dropping off sharply for temperatures warmer 
than 10 [deg]C (Sosebee et al., in prep). Generally, in U.S. waters 
during spring, adult thorny skate were found at temperatures between 2 
and 13 [deg]C, with the majority between 4 and 7 [deg]C. During the 
fall, they were found over a temperature range of 3 and 13 [deg]C, with 
the majority found between 5-8 [deg]C (Packer et al., 2003). 
Preliminary tagging results are available from a 2016 Gulf of Maine 
study with data from 23 thorny skate with pop-up satellite archival 
transmitting (PSAT) tags. The daily (min/max) temperature records from 
all PSAT-tagged skates indicated that thorny skate occurred in 
temperatures of 4.5-10.5 [deg]C from November to August and have a 
broad temperature tolerance (J. Kneebone, pers. comm.). On the Grand 
Banks, catches of thorny skate are generally highest between 3 and 5 
[deg]C, although catch has concentrated on the warmer edge of the Bank 
since the 1990s (Colbourne and Kulka 2004). A similar concentration on 
the edge of the banks has been observed in the Gulf of St Lawrence, 
correlating with temperatures between 2 and 4 [deg]C (Swain and Benoit, 
2006). Few thorny skates were caught where temperature was <0 [deg]C. 
The available information consistently demonstrates that thorny skate 
are most likely to occur in areas with cooler water temperatures (0 to 
14 [deg]C).
    Seasonal migrations have been noted on the Scotian Shelf and the 
Grand Banks, but are not well understood (NEFSC 2003). Within the Gulf 
of St. Lawrence, skates move into deeper waters in November and 
December and into shallower waters in April and May, with peak numbers 
present there in late summer and fall (Clay 1991; Darbyson and Benoit 
2003). A change in spring and fall distributions results in higher 
density and concentration of biomass in deeper waters during the 
spring, corresponding with areas of warmer temperature in Canadian 
waters (Kulka and Miri 2003). These may be examples of skates seeking 
out their preferred temperature range.
    Few data are available regarding thorny skates' preferred salinity, 
although catch is highest between 32 and 35 practical salinity units 
(PSU) (COSEWIC, 2012). In U.S. waters during the spring, they are 
primarily caught at salinities of 33-34 PSU and in the fall at 
salinities of 32-35 parts per thousand (ppt), with more than 60 percent 
at 33 ppt (Packer et al., 2003). In the Barents Sea, thorny skate are 
caught at a much larger range of salinities than other species (Dolgov 
et al., 2004a).
    Thorny skates eat a varied diet, with smaller skates consuming 
copepods, krill, polychaete worms and amphipods, and larger skates 
eating other fish and larger crustaceans including shrimp and crabs 
(Skjaeraasen and Bergstad 2000; Dolgov 2002). Thorny skate are 
opportunistic feeders; important fish prey species can include cod, 
capelin, and redfish (Pedersen 1995; Dolgov 2002). Within the Gulf of 
Maine, fish make up the majority of the thorny skate diet (Link and 
Sosebee 2011).
    Overall, thorny skate are considered a habitat generalist, found 
over a wide variety of substrates, depths and temperatures. Thorny 
skate vary widely in depth preferences over the range of the species 
(Dolgov et al., 2005a; COSEWIC 2012; Sosebee et al., in prep), likely 
indicating an ability to seek out ideal temperatures.

Life History

    Thorny skate, like other skate, ray and shark species, are 
relatively slow-growing, late to mature and have low fecundity when 
compared to bony fishes. An oviparous (egg-laying) species, they 
reproduce year-round (Kneebone et al., 2007), although more females 
contain mature egg capsules in the summer (Collette and Klein-MacPhee 
2002). In the Gulf of Maine, average egg capsule size is largest in 
October (Sulikowski et al., 2005a). Mature females are estimated to 
produce an average of 40.5 eggs per year, with a hatching success of 38 
percent (COSEWIC 2012). Others have estimated up to 56 eggs per year, 
slightly higher than similar species (McPhie and Campana 2009). 
Incubation time is long and, depending on temperature (low water 
temperatures slow development), is estimated to take from 2.5-3 years 
after deposit (Berestovskii 1994).
    Lifespan for the species is difficult to estimate, due to the slow 
growth of the species and limited number of maximum-sized fish 
available for aging. A limited number of maximum-sized fish may result 
from fishing and natural mortality or from differential capture rates 
for different sized skates. Individuals estimated to be up to 16 years 
of age using vertebral and caudal thorn aging have been observed from 
the Gulf of Maine (Sulikowski et al., 2005b)

[[Page 11543]]

and from Greenland (Gallagher et al., 2006), respectively. Long-term 
tagging indicated these fish may live at least 20 years in Canadian 
waters (Templeman 1984) and further vertebral aging confirmed with 
radiocarbon bomb dating methodology indicated a maximum age of at least 
28 years for individuals caught off the Scotian Shelf (McPhie and 
Campana 2009). Theoretical longevity was estimated at up to 39 years, 
much longer compared to other native skates (McPhie and Campana 2009).
    Total length and length at reproductive maturity vary widely over 
the species' range. Maximum length and length at maturity (L50) 
decrease with increases in latitude. Maximum lengths range from 90 cm 
on the Labrador Shelf to 100-110 cm in the Gulf of Maine (COSEWIC 
2012). The smallest L50s were reported farthest north, with female L50 
reported at 44-47 cm, and male L50 at 44-50 cm reported for skates 
caught around Baffin Island on the Labrador Shelf (Templeman 1987). In 
the Gulf of Maine, L50 for females occurred at approximately 11 years 
and 87.5 cm; for males, L50 was reached at 10.9 years and 85.6 cm 
(Sulikowski et al., 2005b). A later study on the eastern Scotian Shelf 
(midway between these populations) noted that female skates could show 
signs of maturity anywhere from 39.0-74.5 cm and males between 51.0-
78.0 cm (McPhie and Campana 2009). The reasons behind variation in 
total length and length at maturity are unknown but may stem from 
environmental or genetic factors.
    Age at maturity was estimated to be 11 years for females and 10.9 
years for males. Size and age at maturity for thorny skate were greater 
and also demonstrated more variability than for sympatric skate species 
(Sosebee 2005; McPhie and Campana, 2009). Size and maturity were not 
found to correlate with depth (Templeman 1987).
    Overall, thorny skates were found to have the highest potential 
reproductive rate and predicted population increase when compared to 
sympatric skate species (McPhie and Campana 2009); this may indicate a 
greater ability to recover from fishing for thorny skate than for 
similar species. Reproductive rate is still considered low overall 
compared to teleost species.

Population Structure

    Tagging data from both sides of the Atlantic show thorny skates 
remaining in or returning to the same area with 85 percent of 
individuals traveling less than 120 kilometers (km) from their tagging 
locations (Templeman 1984; Walker et al., 1997). In both studies, 13 
percent of individuals traveled longer distances between 180 and 445 
km. Preliminary study results from a 2016 study in the Gulf of Maine 
recovered data from five thorny skates tagged with PSATs in the 
vicinity of Cashes Ledge. The tag results indicated movements of 3-26 
km at 100 days post-tagging (J. Kneebone, pers.comm). Three thorny 
skates tagged offshore in the Gulf of Maine near the Hague line 
exhibited movements of 3.5-6.5 km over 100 days post-tagging. In the 
western Gulf of Maine (Massachusetts Bay), data from 13 PSAT-tagged 
skates indicated distance traveled of 2-30 km over 100-day (n=12) and 
200-day (n=1) tag deployment periods (J. Kneebone, pers. comm.). 
Collectively, these preliminary data corroborate previously published 
data and further demonstrate that thorny skates exhibit limited 
movements in the Gulf of Maine. However, some thorny skates off the 
coast of Newfoundland were observed to travel rapidly, with several 
individuals moving up to 200 km within a few months (Templeman 1984).
    Conventional tagging data have several limitations when it comes to 
accurately monitoring movement for this species, including that all 
returns are produced from commercial fishing gear. First, these data 
rely on recaptures and reporting (commercial/recreational fishermen or 
surveys may report catch of a tagged fish) and the information obtained 
is generally limited to the location where the fish was recaptured in 
relation to where it was originally tagged. Second, the information 
from conventional tagging is limited by the small number of thorny 
skates tagged and recaptured. Return rates in the western Atlantic were 
14 percent (Templeman 1984) and 25 percent in the eastern Atlantic 
(Walker et al., 1997). The prosecution of fisheries in relatively 
shallow waters compared to the depth range of the species limits 
returns and therefore, data, because there are fewer opportunities for 
recapture. A particularly low rate of return of five percent was 
observed for skates tagged offshore (Templeman 1984), making it 
difficult to understand offshore movements. However, based on the 
available information, thorny skates are capable of occasional long 
distance movements, and this may be sufficient to promote reproductive 
mixing across the species' range.
    Comparisons with sympatric skate species suggest that the thorny 
skate has one of the highest levels of haplotype and nucleotide genetic 
diversity when compared to other western Atlantic skate species, 
although this can be skewed by some individuals (Coulson et al., 2011). 
Haplotype and nucleotide diversity are useful metrics for assessing 
species genetic diversity because they can be influenced by factors 
such as the size and age of a population and degree of connectivity 
between populations. High genetic diversity was also detected in 
studies that examined additional genetic markers (Chevolot et al., 
2007, Lynghammar et al., 2014). Overall, barcode gap analysis (an 
analytical tool wherein the barcoding gap is the difference between 
interspecific and intraspecific genetic distance within a group of 
organisms) indicates the genetic distance within the thorny skate 
species is low compared to the average genetic distance within other 
species in the skate family (0.93 v. 3.9 percent, Lynghammar et al., 
2014). This means that, within the skate species sampled, thorny skates 
are genetically more similar to each other, suggesting greater gene 
flow across their range, than all of the other skate species in this 
study.
    Distribution of genetic diversity did not mirror geographic 
distribution in the thorny skate, with the center of the range having 
the highest genetic diversity (Lynghammar et al., 2014). Highest 
diversity in one study occurred between two adjacent sites in the 
eastern Atlantic, and when these were removed, there was no significant 
difference in genetic diversity between remaining sites (Chevolot et 
al., 2007). Thorny skates captured in Iceland had the highest levels of 
diversity with fourteen different haplotypes present; thorny skates 
from the eastern and western Atlantic sites had significantly lower 
levels with three haplotypes each. The distribution of specific genetic 
haplotypes and the depth range of the species likely indicate gene flow 
across the range of the species (Chevolot et al., 2007) and indicate 
that there are not isolated populations, as there is no significant gap 
in distribution across the species' range (COSEWIC 2012).
    Comparisons of haplotype frequencies between the Northwest and 
Northeast Atlantic alone indicated that there was a statistically 
significant difference between haplotype frequencies of thorny skates 
in these two areas; however, when samples from Greenland were included, 
the differences in haplotype frequencies among thorny skates from these 
locations were not statistically significant (Lynghammar et al., 2014). 
Additionally, Greenland represented a higher number of genetic 
haplotypes than either the Northwest or Northeast Atlantic, confirming 
previous results and suggesting that genetic mixing is occurring in the 
center of the species' range (Lynghammar et al., 2014).

[[Page 11544]]

    Further work comparing individuals of different sizes from two 
sites in the Gulf of Maine and two sites in Canadian waters found no 
significant genetic differences (Tsang et al., 2008). Comparison of 
``late maturing'' skates collected mostly north of Newfoundland and 
``early maturing'' skates collected within Canadian waters south of 
Newfoundland also showed no significant genetic differences (Lynghammar 
et al., 2014).
    In summary, current information indicates thorny skates in the 
Northwestern Atlantic comprise a single stock, despite the differences 
in length and length at maturity. Some genetic differentiation is 
present between the Northwest Atlantic and Northeast Atlantic, but the 
center of the range appears to have genetic mixing between these two 
areas. This is likely made possible by the depth range of the species, 
which allows for continuous distribution as there are no known barriers 
to migration.

Abundance and Trends

    The best available information regarding population abundance and 
trends is provided by independent trawl surveys within different 
regions of the species' range. Trawl surveys underestimate thorny skate 
abundance, however, because skates are able to escape capture by 
sliding under the foot rope of trawl gear (Templeman 1984). Capture 
efficiency varies widely with the configuration of the gear and size of 
the fish, as well as area (COSEWIC 2012), making it difficult to 
compare results or pool surveys. In addition, surveys are generally 
conducted to support fisheries management and are designed for other 
(commercial) species and thus may not be optimal for estimating skate 
abundance. In Europe, the areas surveyed do not always overlap with 
areas of known thorny skate abundance, particularly in deeper waters 
(Templeman 1984; Walker and Hislop 1998). Across the species' range, 
available data vary widely in survey gear, timing of surveys, and time 
series, making comparisons between different areas difficult (COSEWIC 
2012).
    Trawl surveys are limited in the types of bottom they can survey. 
For trawls, catch efficiency increases with the smoothness of the 
bottom. The roughest bottoms may be avoided by survey operators to 
prevent gear hang-ups. The increase in number and length of skates 
caught by longline surveys, particularly on rough bottom (Sosebee et 
al., in prep), confirms that trawl gear underestimates total abundance 
and biomass of thorny skates (Dolgov et al., 2005b) because rough 
bottom areas are not as efficiently surveyed with trawl gear.
    The utility of trawl survey data to provide information on the 
thorny skate is thus limited in two ways: By location, missing an 
unknown portion of the species' preferred habitat; and by catch 
efficiency, underestimating the number of skates in surveyed areas. 
Trawl survey data, therefore, are an index and represent a minimum 
estimate of overall thorny skate abundance. Trends are still evident 
from these data but should be viewed with the sampling caveats 
described above, given the lack of information collected beyond the 
survey areas and the unknown proportion of individuals in un-trawlable 
habitat (see Davies and Jonsen 2011).

United States Waters

Northeast Fisheries Science Center Surveys

    In U.S. waters, the relative abundance of the thorny skate is 
measured via NEFSC bottom trawl surveys. The NEFSC trawl survey has 
been conducted in the autumn from the Gulf of Maine to Southern New 
England since 1963 as a method of measuring abundance of groundfish for 
fishery management purposes. A spring survey was started in 1968. The 
autumn surveys provide a longer time series and are used for stock 
assessment purposes.
    Numbers and catch-per-unit-effort (CPUE; abundance or biomass per 
tow) of thorny skates caught by this survey have declined over time. 
After reaching a peak during the 1970s with 5.3 kilogram (kg) per tow 
(2.9 fish per tow) during the spring survey and 5.9 kg per tow (1.8 
fish per tow) in the autumn survey, catch has declined to less than 
five percent of these maximum levels, with the average current CPUE 
from 2013-2015 being 0.17 kg/tow (Sosebee et al., in prep). Average 
length decreased from a high of 63 cm in 1971 to a low of 23 cm in 
2003, but has been stable from 2014-2015 at 40-50 cm. From 1963 to 
2015, minimum swept-area abundance and biomass estimates decreased from 
a high of 10.9 million individuals and 36,393 metric tons (mt) in the 
1966 autumn survey to a low of 518,900 individuals (mean length = 19 
cm) and 365 mt in autumn 2012 and 485,000 individuals (mean length = 30 
cm) and 499 mt in autumn 2013. Spring survey numbers have followed a 
similar trend. Despite the decline from 1970s levels, recent data 
demonstrate increased capture. Survey estimates from 2014-2015 have 
increased from previous lows, with estimates of 865,000 individuals and 
1,264 mt in spring 2015 and 628,000 individuals and 844 mt in autumn 
2015.
    It is important to note that the low efficiency of the gear in 
capturing skate for these surveys (as described above) indicates 
minimum abundance and biomass in the survey area, and true abundance 
and biomass are higher than numbers reflect. Historical survey efforts 
also likely underestimated thorny skate abundance and biomass. Edwards 
(1968) estimates the catch efficiency of thorny skates in the NEFSC 
trawl survey at 0.1. Using this value, the 2015 autumn survey 
represents an estimated 8,440 mt and 6 million fish within U.S. waters 
surveyed by NEFSC (Sosebee et al., in prep).

State Surveys

    Additional surveys in shallow water show similar patterns regarding 
trends of thorny skate biomass and abundance, or fluctuations without 
trend. The Massachusetts Division of Marine Fisheries (MADMF) surveys 
inshore state waters in spring and autumn. Catch of thorny skates is 
variable in this survey (1978 to 2015) but demonstrates an overall 
decreasing trend in thorny skate biomass and abundance. The spring 
index had stabilized around the median of 0.07 kg/tow throughout the 
2000s, but has since declined, and none were caught in 2013. The autumn 
index has generally been below the median of 0.14 kg/tow since 1994. 
Average length of fish in this survey is variable but tends toward 
smaller fish (Sosebee et al., in prep).
    The Maine-New Hampshire Inshore Trawl Survey was established in 
2000. This survey is stratified by depth and demonstrates low abundance 
of thorny skates in the inshore area with little trend over the time 
series (Sosebee et al., in prep).
    The Atlantic States Marine Fisheries Commission shrimp survey 
samples deeper offshore waters within the Gulf of Maine. A decreasing 
trend is evident here in both abundance and biomass of skate for the 
duration of the time series (1985-2015); however, recent survey results 
show stable biomass estimates from 2009-2015. Although average length 
has varied considerably over the time series (1985-2015), in general it 
shows a stable trend (Sosebee et al., in prep).
    Overall, NEFSC bottom trawl surveys indicate that thorny skates are 
most abundant in the Gulf of Maine and Georges Bank offshore strata 
regions, with very few fish caught in inshore (<27 m depth), Southern 
New England, or MA regions (NEFSC 2007, Sosebee et al., in prep). More 
recent surveys (2007-2009) show a broadening of thorny skate

[[Page 11545]]

distribution into deeper water but also a concentration in the western 
Gulf of Maine (Sosebee et al., in prep).

Canadian Waters

    Where data are available, a decrease in abundance has been observed 
since the 1970s in Canadian waters; however, recent data indicate an 
increasing or stable trend in Canadian waters. The thorny skate is 
widely distributed and is the most common skate species in Canadian 
waters. The amount of decrease varies widely between different regions, 
varying from 30 percent on the Southern Labrador Shelf to more than 80 
percent on the Scotian Shelf between 1977 and 2010 (COSEWIC 2012). Over 
the same time period, the average individual weight of commercially 
targeted demersal fish on the Scotian Shelf declined from 41-51 percent 
with the larger decline being on the eastern portion of the shelf 
(Zwanenburg 2000). Most Canadian areas saw a decline in abundance of 
thorny skates between 50-60 percent during this time period (COSEWIC 
2012).
    From 1990 to 2011, survey abundance has been mostly stable on the 
Southern Labrador Shelf and Northern Gulf of St. Lawrence, and has 
increased 61 percent on the Grand Banks (COSEWIC 2012). More recent 
information is available for the Grand Banks region, where a fishery 
persists for skates. Biomass in some Northwest Atlantic Fisheries 
Organization (NAFO) subdivisions has been increasing, but overall 
abundance and biomass remains at low levels, averaging 33,500 tons (t) 
(30,391 mt) from 1993 to 2012 (DFO 2013). Biomass of thorny skates 
overall on the Grand Banks has been stable since 2006 (Simpson et al., 
2016, Nogueira et al., 2015).
    Overall declines in abundance have been higher for larger thorny 
skates (COSEWIC 2012). In Canadian waters around Newfoundland, 
mortality for the smallest thorny skates has declined since the 1970s, 
while mortality has increased for older juveniles and adults in the 
Gulf of St. Lawrence (Swain et al., 2013). Fishing effort in the area 
has declined over the same period; suggesting natural mortality factors 
(not attributable to fishing) are responsible for this change in 
mortality rates. On the Grand Banks, average length has increased since 
the 1990s (Nogueira et al., 2015). Recruitment rate has also increased 
in the Southern Gulf of St. Lawrence since the 1970s (Benoit and Swain 
2011).
    Despite the overall downward trend in abundance of thorny skates 
within Canadian waters throughout the entire time series, recent (mid 
to late 1990s to 2012) trends for abundance, biomass, average length, 
and recruitment rate have been stable and increasing and thorny skates 
remain numerous. Estimated minimum abundance for Canada in 2010 was 
more than 188 million individuals, with recent increases in abundance 
of 61 percent on the Grand Banks (COSEWIC 2012). The true number is 
likely much higher because of the limitations of sampling gear and 
sampling locations and depth (as discussed above). Approximately 30-40 
percent of the species' range lies within Canadian waters (COSEWIC 
2012).

Northeast Atlantic

    The thorny skate is widely distributed and is the most common skate 
species in the Northeast Atlantic. Within the Barents Sea, the 
population abundance was estimated to average 143 million fish and the 
biomass 95,000 mt during the period 1998 through 2001 (Dolgov et al., 
2005a). In Norway, their numbers fluctuated without trend between 1992 
and 2005. They remain the most widely occurring skate species with a 
mean catch rate in Norwegian waters of 55.2 per km\2\ (Williams et al., 
2008). While not directly comparable given differences in tow length 
and capture efficiency of different gears, this is relatively high when 
compared to capture rates in Canada and the United States. In Iceland 
and East Greenland, population estimates are not available, but 
abundance in groundfish surveys has remained stable since 2000. Area 
occupied has likewise remained stable, averaging 50 percent from 2000-
2014 (International Council for the Exploration of the Sea (ICES) 
2015).
    In the North Sea off the coast of Scotland, thorny skates comprise 
eighty percent of the total skate biomass (Walker and Heeseen 1996; 
Piet et al., 2009). Biomass was estimated to be greater than 100,000 t 
(90,718 mt) during the early 1980s (Sparholt and Vinther 1991). 
Abundance of thorny skates in the area increased greatly when comparing 
the 1906-1909 and 1990-1995 time periods, despite the overall decrease 
in landings of skates and rays in this region over the same time period 
(Walker and Hislop 1998). Abundance decreased (1977-2015) but is 
comparable to the abundances observed during the early 1970s (ICES 
2015). Recent abundance estimates of thorny skates in the Northeast 
Atlantic have been stable (ICES 2015).

Area Occupied in the Northwest Atlantic

    Some evidence suggests a contraction of the thorny skate's range 
over time. In Canadian waters, area occupied has remained stable 
through much of the species' range. Populations off Labrador, north of 
Newfoundland and on the St. Pierre Bank have all remained stable. Areas 
south of Newfoundland and St. Pierre Bank have experienced a decline in 
area occupied. On the Grand Banks, area occupied has decreased 
approximately 50 percent from a high of almost 60,000 km\2\ to 
approximately 30,000 km\2\ in 2010 (COSEWIC 2012). It appears fish in 
this area have been avoiding colder waters present on the top of the 
Bank, instead moving towards the warmer edge (Kulka and Miri 2003). In 
the Southern Gulf of St. Lawrence, the area occupied has decreased from 
about 55,000 km\2\ in the mid-1970s to approximately 20,000 km\2\ in 
2010. Meanwhile, within the Northern Gulf of St. Lawrence, the area 
occupied has doubled from 42,300 km\2\ from 1991-1993 to 90,400 km\2\ 
from 2008-2010 (COSEWIC 2012). This supports the conclusion that the 
range of the thorny skate is shifting within the Gulf of St. Lawrence.
    On the Scotian Shelf, area occupancy has declined steadily over the 
time series, by 58 percent since 1970-1972, and 66 percent since 1974-
1976 (when it occupied 150,000 km\2\). The decline ceased in 2000, and 
skate in this area now occupy approximately 50,000 km\2\. There is a 
strong correlation in this location between area occupied and abundance 
(Shackell et al., 2005), indicating that remaining skates are using the 
most suitable habitat. Thorny skate occupancy has also declined on the 
Canadian side of Georges Bank by about 40 percent. Overall, area 
occupied for all areas surveyed off Canada (averages for 2007-2009) is 
approximately 290,000 km\2\, about 90,000 km\2\ less than in the 1970s. 
Most of the decline occurred prior to 1991 with the largest decrease on 
the Scotian Shelf (COSEWIC 2012).
    Within the United States, NEFSC bottom trawl surveys show an 
approximately 75 percent decrease in number of total tows containing 
skate from 1965 to 2008. There is an upward trend in the number of 
positive tows since 2008. There are several distribution indicators of 
possible contractions or expansions in distribution, such as positive 
tows, the Gini index (a measure indicating deviation from equal spatial 
distribution), and design-weighted area of occupancy, which takes into 
account

[[Page 11546]]

the area swept by the tows and the proportion of positive tows. 
Multiple estimates of biomass and abundance versus area also show a 
moderate increase in concentration of fish (Sosebee et al., in prep).
    An example of this is the design-weighted area of occupancy from 
the spring and fall NEFSC surveys, which incorporate a stratified 
random survey design (Kulka 2012). This index takes into account the 
area swept by the tows and the proportion of positive tows (Swain et 
al., 2012). The calculation is the proportion of positive tows within a 
stratum multiplied by the area of that stratum and summed over the 
stock area. For the thorny skate, the design-weighted area of occupancy 
declined over time, from a high of almost 85,800 km\2\ in the mid-1970s 
to 14,000-17,000 km\2\ in 2008. Area occupied has increased recently, 
but concentrations of thorny skates remain within the Gulf of Maine 
(Sosebee et al., in prep).
    Abundance of the thorny skate has declined since the highs of the 
1970s. The areas of greatest decline have been along the southern 
portion of their range, including U.S. waters and Canadian waters of 
the Scotian shelf. Abundance has declined by up to 80 or 95 percent in 
these areas (COSEWIC 2012), although recent surveys show the number of 
thorny skates in these areas are stable or slightly increasing (Sosebee 
et al., in prep; COSEWIC 2012). In more northern parts of the range, 
decline in abundance has been closer to 60 percent on average and 
recent surveys show the number of thorny skates in these areas is 
increasing or stable (ICES 2015).
    Biomass has also decreased, in part due to decreased abundance but 
also due to high average adult mortality. Recent biomass estimates 
indicate stabilization (at low levels) or increasing trends in some 
regions (COSEWIC 2012; Sosebee et al., in prep). Thorny skates remain 
numerous throughout the greater portion of their range, numbering in 
the hundreds of millions (COSEWIC 2012). Due to low catchability, the 
species may be even more numerous than estimates predict. Area occupied 
has declined by approximately half since the 1970s; however, some 
expansion of area occupied has been observed recently and current 
estimates have demonstrated an upward trend in recent years (COSEWIC 
2012; ICES 2015).

Distinct Population Segment Analysis

    As described above, the ESA's definition of ``species'' includes 
``any subspecies of fish or wildlife or plants, and any distinct 
population segment of any species of vertebrate fish or wildlife which 
interbreeds when mature.'' The term ``distinct population segment'' is 
not recognized in the scientific literature and is not defined in the 
ESA or its implementing regulations. Therefore, the Services adopted a 
joint policy for recognizing DPSs under the ESA (DPS Policy; 61 FR 
4722) on February 7, 1996. Congress has instructed the Secretaries of 
Interior and Commerce to exercise this authority with regard to DPSs `` 
* * * . . . sparingly and only when biological evidence indicates such 
an action is warranted.'' The DPS Policy requires the consideration of 
two elements when evaluating whether a vertebrate population segment 
qualifies as a DPS under the ESA: (1) The discreteness of the 
population segment in relation to the remainder of the species or 
subspecies to which it belongs; and (2) the significance of the 
population segment to the species or subspecies to which it belongs.
    A population segment of a vertebrate species may be discrete if it 
satisfies either one of the following conditions: (1) It is markedly 
separated from other populations of the same taxon (an organism or 
group of organisms) as a result of physical, ecological, or behavioral 
factors. Quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation; or (2) it is 
delimited by international governmental boundaries within which 
differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the ESA (e.g., inadequate 
regulatory mechanisms). If a population segment is found to be discrete 
under one or both of the above conditions, its biological and 
ecological significance to the taxon to which it belongs is evaluated. 
This consideration may include, but is not limited to: (1) Persistence 
of the discrete population segment in an ecological setting unusual or 
unique for the taxon; (2) evidence that loss of the discrete population 
segment would result in a significant gap in the range of a taxon; (3) 
evidence that the discrete population segment represents the only 
surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside its historical range; or 
(4) evidence that the discrete population segment differs markedly from 
other population segments of the species in its genetic 
characteristics.
    The petition from AWI and DW requested that we list a ``Northwest 
Atlantic DPS'' of the thorny skate as threatened or endangered under 
the ESA, or, as an alternative, a ``United States DPS'' as threatened 
or endangered under the ESA.
    In May 2016, we convened an ERA workshop with thorny skate experts. 
The workshop participants provided individual expert opinions regarding 
the available information to assess whether there are any thorny skate 
population segments that satisfy the DPS criteria of both discreteness 
and significance. Data relevant to the discreteness question included 
physical, ecological, behavioral, tagging, and genetic data. As 
described above, the thorny skate is widely distributed across the 
Northern Atlantic, without any significant known gaps or barriers in 
the species range (COSEWIC 2012) or between the Northwest and Northeast 
Atlantic. Likewise, populations are considered contiguous between the 
United States and Canada.
    Conventional tagging data suggest that individual movement is 
limited (Templeman 1984; Walker et al., 1997); however, tagging studies 
to date have been small and relied upon recapture of individuals by 
fishing operations. There is a lack of information regarding species' 
movements in deeper water. However, the long distance movements of some 
tagged individuals (hundreds of kilometers) suggest that occasional 
long distance movements by some individuals may be sufficient to 
promote reproductive mixing across the species' range (Templeman 1984; 
Chevolot et al., 2007). Connectivity between areas is also supported by 
high areas of genetic diversity in the center of the range (Lynghammar 
et al., 2014). There are no physical barriers to thorny skate 
migration, and migratory pathways appear to be present between all 
ocean basins (i.e., connected areas of appropriate habitat). 
Collectively, this information indicates that thorny skates are one 
contiguous population.
    As highlighted in the DPS Policy, quantitative measures of 
morphological discontinuity or differentiation can serve as evidence of 
marked separation of populations. No genetic difference was detected 
between thorny skates caught within Canadian versus U.S. waters (Tsang 
et al., 2008). Best available genetic information (Lynghammar et al., 
2014) suggests a significant amount of genetic diversity between 
populations in the Northwest and Northeast extremes; however, no 
significant difference is found when individuals from the center of the 
range are included, which indicates genetic mixing is occurring in the 
center of the range (Lynghammar et al., 2014). The center of the 
species' range around Iceland and Greenland contains the highest amount 
of genetic diversity,

[[Page 11547]]

with the edges of the species' range in the Northwest and Northeast 
Atlantic both having lower levels of diversity. We do not know if the 
diversity is in neutral genetic markers or is indicative of adaptation. 
It should be noted that Lynghammar et al. (2014) was not specifically 
targeting thorny skates; therefore, improved sampling for thorny skates 
is suggested for future research. However, this study represents the 
best available scientific information on thorny skate genetics.
    In summary, current information indicates thorny skates in the 
North Atlantic comprise a single species, despite the differences in 
age and length at maturity. Some genetic differentiation is present 
between the Northwest Atlantic and Northeast Atlantic, but the center 
of the range bridges genetic diversity between these two areas, 
indicating that there is mixing and gene flow across the range. This is 
likely made possible by the continuous distribution and depth range of 
the species, as there are no known physical barriers to migration. 
Morphological differences in thorny skate populations are limited to 
body size and age at maturity. Comparisons of individuals of different 
sizes from two sites in the Gulf of Maine and two sites in Canadian 
waters found no significant genetic differences (Tsang et al., 2008). 
Comparison of ``late maturing'' skates collected mostly north of 
Newfoundland and ``early maturing'' skates collected within Canadian 
waters south of Newfoundland also found no significant genetic 
differences (Lynghammar et al., 2014).
    Thorny skates are habitat generalists. None of the populations 
appear to occur in an ecological setting unusual or unique for the 
taxon. Thorny skates are well distributed throughout the Atlantic; 
there is no population that represents the only surviving natural 
occurrence of the taxon. Thorny skates do not exist as an introduced 
population outside their historical range.
    A population can be determined to be discrete if it is delimited by 
international governmental boundaries within which differences in 
control of exploitation, management of habitat, conservation status, or 
regulatory mechanisms exist that are significant in light of section 
4(a)(1)(D) of the ESA. A directed fishery for thorny skates is 
permitted in the central portion of the species' range comprising the 
area of the Grand Banks in Canadian waters, as well as Iceland and 
Greenland. Landings of thorny skates are prohibited in the extreme 
western (U.S.) and eastern (U.K. eastward) portions of the species' 
range. In most shallow water areas across the species' range, thorny 
skates undergo some form of fishing mortality because they are a common 
bycatch species. There are some differences in management in the 
Northwestern Atlantic (by the Northwest Atlantic Fisheries Organization 
(NAFO) and the Northeastern Atlantic (by ICES). In 2004, the NAFO 
Fisheries Commission set a total allowable catch (TAC) of 13,500 mt for 
2005-2009 in Division 3 LNO. This TAC was lowered by NAFO to 12,000 mt 
for 2010-2011, and to 8,500 mt for 2012. The TAC was further reduced to 
7,000 mt for 2013, 2014, 2015 (Simpson et al., 2016). In the 
Northeastern Atlantic there is a prohibition against landing thorny 
skates from European Union waters in the Barents Sea and east of the 
United Kingdom (ICES 2015). A very small fishery exists in Iceland and 
off East Greenland, where survey numbers have remained stable since 
2000 (ICES 2015). With populations within the Northeast Atlantic 
currently considered stable (ICES 2015), existing regulatory measures 
appear sufficient to control fishing mortality within this region. 
Iceland reported 1,625 mt of thorny skate landings in 2014. A 2016 EU 
regulation prohibits thorny skate landing for EU waters of ICES 
divisions IIa, IIIa and VIId and ICES subarea IV Subareas II and IV and 
Division IIIa (Norwegian Sea, North Sea, Skagerrak, and Kattegat), 
based on ICES advice that a precautionary approach dictates no targeted 
fishing and measures to reduce bycatch. ICES advice for this species 
west of the UK is currently pending.
    Within U.S. waters, thorny skates are managed under the Magnuson-
Stevens Fishery Conservation and Management Act (MSA). Landings of 
thorny skates within U.S. waters were unregulated until 2003 when the 
New England Fishery Management Council (NEFMC) established a Fishery 
Management Plan (FMP) for the skate complex. In 2003, the stock was 
deemed ``overfished'' and a landing prohibition was put in place, 
requiring all catch of thorny skates to be discarded at sea. Compliance 
with the prohibition against landing thorny and other skates is 
examined via port sampling. While thorny skates are still considered 
overfished within the United States, overfishing is no longer occurring 
(NEFMC 2009), indicating that fishery management measures are 
successfully controlling fishing mortality in those waters.
    Under the Fisheries Act, Canadian fisheries may take thorny skates 
as bycatch in other fisheries, and a small directed fishery still 
operates on the Grand Banks. Available information suggests that catch 
is well below the total allowable catch limits as set by NAFO and 
Canada, indicating fishing mortality is controlled (Simpson et al., 
2016). The Scotian shelf has been closed to directed fishery for skates 
(thorny and winter) since the early 2000s. In addition to compliance 
with catch limits, thorny skate abundance has been stable on the Grand 
Banks and the rest of Canada, yet still below historical levels 
(COSEWIC 2012). Therefore, existing regulatory measures appear 
sufficient to control fishing mortality.
    Throughout its range, thorny skates cross international 
governmental boundaries. There are regulatory mechanisms in place 
across the species' range with respect to conserving and recovering the 
thorny skate. While there are regulatory differences in different parts 
of its range, when evaluated as described further below in the 
Inadequacy of Existing Regulatory Mechanisms section, these regulatory 
mechanisms are adequate and the effects on thorny skates are similar. 
These mechanisms include regulating directed catch and bycatch, and 
result in effective management of the harvest of thorny skates 
throughout their range.
    In summary, thorny skates rangewide exhibit genetic continuity 
between the Northwest and Northeast Atlantic through a high degree of 
diversity in the center of their range, a lack of significant 
differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms across international 
borders. We have determined that neither thorny skates in the United 
States nor thorny skates in the Northwest Atlantic are discrete from 
thorny skates throughout the rest of the North Atlantic.
    The workshop participants provided their individual expert opinions 
regarding the best available information related to the discreteness 
criterion for thorny skates. Upon our review of their individual 
analyses and the DPS policy, we have concluded that there are no 
populations of the thorny skate that are discrete. Because we do not 
find any populations that are discrete, we do not go on to the second 
element of the DPS criteria (significance). Therefore, none of the 
segments suggested by the petitioners (i.e., Northwest Atlantic or 
United States) qualifies as a DPS. Because there are no DPSs of the 
thorny skate, the workshop participants next provided their individual 
expert opinions regarding extinction risk rangewide for the thorny 
skate.

[[Page 11548]]

Assessment of Extinction Risk

    The ESA (section 3) defines endangered species as ``any species 
which is in danger of extinction throughout all or a significant 
portion of its range.'' A threatened species is ``any species which is 
likely to become an endangered species within the foreseeable future 
throughout all or a significant portion of its range.'' We consider the 
best available information and apply professional judgment in 
evaluating the level of risk faced by a species in deciding whether the 
species is currently in danger of extinction throughout all or a 
significant portion of its range (endangered) or likely to become so in 
the foreseeable future (threatened). We evaluate both demographic 
risks, such as low abundance and productivity, and threats to the 
species, including those related to the factors specified by the ESA 
sections 4(a)(1)(A)-(E).

Methods

    As described above, we convened a workshop of invited experts to 
provide individual input regarding extinction risk to the species. This 
section discusses the methods used to evaluate demographic factors, 
threats, and overall extinction risk to the species now and in the 
foreseeable future. For this assessment, the term ``foreseeable 
future'' was defined as 40 years. The workshop participants reviewed 
other comparable assessments (which used generation times of either one 
or two generations) and provided their expert opinions on the 
appropriate timeframe for the thorny skate. Each of the workshop 
participants considered thorny skate generation time (16 years), the 
ability to predict population trends, climate-modeling predictions, and 
the time for management actions to be realized and reflected in 
abundance trends when considering a foreseeable future timeline. The 
individual workshop participants determined that, for the thorny skate, 
there was reasonable confidence across this time-period (40 years) that 
the information on threats and management is accurate. We agree that, 
because of the factors listed above, this is a reasonable definition of 
``foreseeable future'' for the thorny skate, and we use the same 
definition here.
    Often the ability to measure or document risk factors is limited, 
and information is not quantitative or very often is lacking 
altogether. Therefore, in assessing risk, it is important to include 
both qualitative and quantitative information. In previous NMFS status 
reviews, Biological Review Teams have used a risk matrix method, 
described in detail by Wainwright and Kope (1999), to organize and 
summarize the professional judgement of a panel of knowledgeable 
scientists. The approach of considering demographic risk factors to 
help frame the consideration of extinction risk has been used in many 
of our status reviews (see http://www.nmfs.noaa.gov/pr/species for 
links to these reviews). In this approach, the collective condition of 
individual populations is considered at the species level according to 
four demographic viability factors: Abundance, growth rate/
productivity, spatial structure/connectivity, and diversity. 
Connectivity refers to rates of exchange among populations of 
organisms. These viability factors reflect concepts that are well 
founded in conservation biology and that individually and collectively 
provide strong indicators of extinction risk.
    Using these concepts, the workshop participants each evaluated 
demographic risks by individually assigning a risk score to each of the 
four demographic criteria (abundance, growth rate/productivity, spatial 
structure/connectivity, diversity). The scoring for the demographic 
risk criteria corresponded to the following values: 1--very low risk, 
2--low risk, 3--moderate risk, 4--high risk, and 5--very high risk. A 
demographic factor (or viable population descriptor) was ranked very 
low if it was unlikely that this descriptor contributed significantly 
to risk of extinction, either by itself or in combination with other 
viable population descriptors. A factor was ranked low risk if it was 
unlikely that this descriptor contributed significantly to long-term or 
near future risk of extinction by itself, but there was some concern 
that it may, in combination with other viable population descriptors. A 
factor was ranked moderate risk if this descriptor contributed 
significantly to long-term risk of extinction, but did not in itself 
constitute a danger of extinction in the near future. A factor was 
ranked high risk if this descriptor contributed significantly to long-
term risk of extinction and was likely to contribute to short-term risk 
of extinction in the near future, and a factor was ranked very high 
risk if this descriptor by itself indicated danger of extinction in the 
near future.
    Each workshop participant scored each demographic factor 
individually. Each workshop participant identified other demographic 
factors and/or threats that would work in combination with factors 
ranked in the higher categories to increase risk to the species. During 
the workshop, the participants provided their expert opinions for each 
of the demographic risks, including considerations outlined in McElhany 
et al. (2000) and the supporting data on which it was based. Workshop 
participants were given the opportunity to adjust their individual 
scores, if desired, after the workshop. The scores were then tallied, 
reviewed, and considered in our overall extinction risk determination. 
As noted above, this scoring was carried out for the species rangewide.
    Each workshop participant also performed a threats assessment for 
the thorny skate by evaluating the impact that a particular threat was 
currently having on the extinction risk of the species. Threats 
considered included habitat destruction, modification, or curtailment; 
overutilization; disease or predation; inadequacy of existing 
regulatory mechanisms; and other natural or manmade threats, because 
these are the five factors identified in section 4(a)(1) of the ESA. 
Workshop participants each ranked the threats for the thorny skate at a 
range-wide scale. The workshop participants used the ``likelihood 
point'' (FEMAT) method to allow individuals to express uncertainty in 
determining the contribution to extinction risk of each threat to the 
species. Each workshop participant was allotted five likelihood points 
to rank each threat. Workshop participants individually ranked the 
severity of each threat through the allocation of these five likelihood 
points across five ranking criteria ranging from a score of ``very low 
contribution'' to ``very high contribution.'' The scoring for the 
threats correspond to the following values: 1--very low contribution, 
2--low contribution, 3--moderate contribution, 4--high contribution, 
and 5--very high contribution. A threat was given a rank of very low if 
it is unlikely that this threat contributes significantly to risk of 
extinction, either by itself or in combination with other threats. That 
is, it is unlikely that the threat will have population-level impacts 
that reduce the viability of the species. A threat was ranked as low 
contribution if it is unlikely that this threat contributes 
significantly to long-term or near future risk of extinction by itself, 
but there is some concern that it may, in combination with other 
threats. A threat was ranked as medium contribution if this threat 
contributes significantly to long-term risk of extinction, but does not 
in itself constitute a danger of extinction in the near future. A 
threat was ranked high contribution if this threat contributes 
significantly to long-

[[Page 11549]]

term risk of extinction and is likely to contribute to short-term risk 
of extinction in the near future. Finally, a threat was ranked very 
high contribution if the threat by itself indicates a danger of 
extinction in the near future. Detailed definitions of the risk scores 
can be found in the status review report (NMFS 2017).
    Similar to the demographic parameters, the workshop participants 
were asked to identify other threat(s) and/or demographic factor(s) 
that may interact to increase the species' extinction risk. The 
workshop participants also considered the ranking with respect to the 
interactions with other factors and threats. For example, workshop 
participants identified that threats due to the inadequacy of existing 
regulatory mechanisms may interact with the threat of overutilization 
and slow population growth rates (a demographic factor) to increase the 
risk extinction.
    Workshop participants were asked to rank the effect that the threat 
was currently having on the extinction risk of the species. Each 
workshop participant could allocate all five likelihood points to one 
ranking criterion or distribute the likelihood points across several 
ranking criteria to account for any uncertainty. Each individual 
workshop participant distributed the likelihood points as she/he deemed 
appropriate with the condition that all five likelihood points had to 
be used for each threat. Workshop participants also had the option of 
ranking the threat as ``0'' to indicate that, in their opinion, there 
was insufficient data to assign a score, or ``N/A'' if in their opinion 
the threat was not relevant to the species either throughout its range 
or for individual stock complexes. When a workshop participant chose 
either N/A (Not Applicable) or 0 (Unknown) for a threat, all five 
likelihood points had to be assigned to that category only.
    During the group discussion, the workshop participants were asked 
to identify other threat(s) or demographic factor(s) that were 
interacting with the threats or demographic factors to increase the 
species' extinction risk. As scores were provided by individual 
workshop participants, each individual stated his or her expert opinion 
regarding each of the threats, and the supporting data on which it was 
based. We considered these along with the demographic scores in our 
overall risk assessment.
    The workshop participants were then asked to use their informed 
professional judgment to individually qualitatively score overall 
extinction risk for the thorny skate. The results of the demographic 
risks analysis and threats assessment, described below, informed this 
ranking. For this analysis, the workshop participants used three levels 
of extinction risk, consistent with the NMFS (2016) listing guidance: 
Low risk, moderate risk, and high risk. Low risk was defined as: ``A 
species or DPS is at low risk of extinction if it is not at moderate or 
high level of extinction risk (see ``Moderate risk'' and ``High 
risk''). A species or DPS may be at low risk of extinction if it is not 
facing threats that result in declining trends in abundance, 
productivity, spatial structure, or diversity. A species or DPS at low 
risk of extinction is likely to show stable or increasing trends in 
abundance and productivity with connected, diverse populations.'' 
Moderate risk was defined as: ``A species or DPS is at moderate risk of 
extinction if it is on a trajectory that puts it at a high level of 
extinction risk in the foreseeable future (see description of ``High 
risk''). A species or DPS may be at moderate risk of extinction due to 
projected threats or declining trends in abundance, productivity, 
spatial structure, or diversity. The appropriate time horizon for 
evaluating whether a species or DPS will be at high risk in the 
foreseeable future depends on various case- and species-specific 
factors. For example, the time horizon may reflect certain life history 
characteristics (e.g., long generation time or late age-at-maturity) 
and may also reflect the time frame or rate over which identified 
threats are likely to impact the biological status of the species or 
DPS (e.g., the rate of disease spread). (The appropriate time horizon 
is not limited to the period that status can be quantitatively modeled 
or predicted within predetermined limits of statistical confidence. The 
biologist (or Team) should, to the extent possible, clearly specify the 
time horizon over which it has confidence in evaluating moderate 
risk.).'' High Risk was defined as: ``A species or DPS with a high risk 
of extinction is at or near a level of abundance, productivity, spatial 
structure, and/or diversity that places its continued persistence in 
question. The demographics of a species or DPS at such a high level of 
risk may be highly uncertain and strongly influenced by stochastic or 
depensatory processes. Similarly, a species or DPS may be at high risk 
of extinction if it faces clear and present threats (e.g., confinement 
to a small geographic area; imminent destruction, modification, or 
curtailment of its habitat; or disease epidemic) that are likely to 
create imminent and substantial demographic risks.''
    The workshop participants adopted the ``likelihood point'' method 
for ranking the overall risk of extinction to allow individual workshop 
participants to express uncertainty. For this approach, each workshop 
participant distributed 10 `likelihood points' among the extinction 
risk categories (that is, each workshop participant had 10 points to 
distribute among the three extinction risk categories). Uncertainty is 
expressed by assigning points to different risk categories. For 
example, a workshop participant would assign all 10 points to the `low 
risk' category if he/she was certain that the definition for `low risk' 
was met. However, he/she might assign a small number of points to the 
`moderate risk' category and the majority to the `low risk' category if 
there was a low level of uncertainty regarding the risk level. The more 
points assigned to one particular category, the higher the level of 
certainty. This approach has been used in previous NMFS status reviews 
(e.g., Pacific salmon, Southern Resident killer whale, Puget Sound 
rockfish, Pacific herring, black abalone, and common thresher shark) to 
structure the workshop participant's thinking and express levels of 
uncertainty when assigning risk categories. Although this process helps 
to integrate and summarize a large amount of diverse information, there 
is no simple way to translate the risk matrix scores directly into a 
determination of overall extinction risk. The workshop participant 
scores were tallied, discussed, and summarized by NMFS for the thorny 
skate rangewide.
    The workshop participants did not make recommendations as to 
whether the species should be listed as threatened or endangered. 
Rather, the workshop participants drew scientific conclusions about the 
overall risk of extinction faced by the thorny skate under present 
conditions and in the foreseeable future (as noted above, defined as 40 
years) based on his/her evaluation of the species' demographic risks 
and assessment of threats.

Evaluation of Demographic Risks

    Abundance: The workshop participants individually evaluated the 
available thorny skate abundance information, which is summarized in 
the Abundance section of the listing determination. Several workshop 
participants noted that the available information indicated thorny 
skate abundance had declined significantly from historical levels in 
certain parts of its range. However, in all regions where abundance 
trends and/or indicators are

[[Page 11550]]

available, declines appear to have been halted, and increases in 
abundance were apparent in some regions. Further declines are unlikely 
due to improved management. Abundance estimates from the Northwest 
Atlantic are currently in the millions of individuals, even where 
significant declines have occurred. There is no evidence of depensatory 
processes such as reduced likelihood of finding a mate, and recruitment 
per spawner has remained stable for thorny skate. The mean score we 
calculated based on the workshop participants' individual scores 
corresponds to a very low to low ranking rangewide, as this factor is 
unlikely to contribute significantly to the thorny skate's risk of 
extinction.
    Growth rate/productivity: The workshop participants individually 
evaluated the available information on thorny skate life history traits 
as they relate to this factor. As summarized in the Reproduction, 
Growth, and Demography section, thorny skates have low inherent 
productivity due to their late age at maturity, low fecundity, slow 
population growth rates, and long generation times (16 years). This low 
productivity makes thorny skate populations vulnerable to 
overexploitation, and slow to recover from depletion. The mean score we 
calculated based on the workshop participants' scores corresponds to a 
low to moderate ranking rangewide, as this factor is unlikely to 
contribute significantly to the thorny skate's risk of extinction.
    Spatial structure/connectivity: The workshop participants 
individually evaluated the available information on thorny skate 
spatial structure (tagging and genetics information) summarized in the 
Population section. The thorny skate has a very broad range, including 
across the entire North Atlantic Ocean. The species is mobile, and some 
connectivity across the range is apparent from both tagging and 
genetics data. At the southern edges, there is an indication that a 
contraction or northward shift may be occurring; however, recent 
surveys show an increase in abundance in the southern range in U.S. 
waters. The mean score we calculated based on the workshop 
participants' individual scores corresponds to a very low to low 
ranking rangewide, as this factor is very unlikely to contribute 
significantly to the thorny skate's risk of extinction.
    Diversity: The workshop participants individually evaluated the 
available information on thorny skate diversity summarized in the 
Population section. The available genetics studies indicate that thorny 
skate populations have the highest genetic diversity amongst skate 
species, and there is reproductive connectivity along a continuum 
rangewide. Therefore, genetic diversity appears to be sufficiently high 
and not indicative of isolated or depleted populations. The thorny 
skate does not appear to be at risk due to substantial changes or loss 
of variation in life history traits, population demography, morphology, 
behavior, or genetic characteristics. The mean score we calculated 
based on the workshop participants' individual scores corresponds to a 
very low to low ranking rangewide, as this factor is very unlikely to 
contribute significantly to the thorny skate's risk of extinction.

Evaluation of Threats

    The workshop participants identified several threats in the low to 
moderate category for contribution to extinction risk, including: 
Climate change, manmade non-fishing habitat impacts, commercial 
discards, commercial landings, global and national climate regulation, 
and inadequacy of existing NAFO regulations. Both climate change and 
global or national climate change regulations received the most 
likelihood points in the moderate contribution to extinction risk 
category. Only one threat, climate change, received likelihood points 
in the high contribution category, but the majority of points were in 
the low to moderate category. We summarize the threats to the thorny 
skate and provide the workshop participants' expert opinions on their 
degree of contribution to extinction risk.
    Habitat Destruction, Modification, or Curtailment: Workshop 
participants individually evaluated the available information on 
habitat use and distributions of the thorny skate summarized in the 
status review report. Overall, the thorny skate is a habitat generalist 
in the marine environment, and not substantially dependent on any 
particular habitat type. It occurs in coastal and offshore waters, and 
is not dependent during any life stage on more vulnerable estuarine 
habitats. Thorny skate habitat use is influenced by temperature and 
prey distributions, but they have broad temperature tolerances and an 
opportunistic diet, making them less vulnerable to habitat destruction.
    Within the Northwest Atlantic, the species' range from Greenland 
south is a mixing zone for different currents. The Labrador Current 
flows down the inner shelf, bringing cooler and fresher water from the 
north, which flows down over the ocean shelves, including the Grand 
Banks, Scotian Shelf, Georges Bank and into the Gulf of Maine. 
Meanwhile, the Gulf Stream in deeper offshore waters brings warmer, 
saltier water up from the south (Saba et al., 2015). The range of the 
thorny skate covers both of these currents and the mixing zone; thorny 
skates are able to occur throughout this area due to their tolerance of 
different temperatures. This mixing zone makes it difficult to predict 
the impacts of climate change within the area, although recent specific 
modeling suggests that the Gulf of Maine will warm nearly three times 
as fast as other areas from a predicted northward shift in the Gulf 
Stream (Saba et al., 2015). Recently, the Labrador Current has had the 
opposite effect, decreasing salinity in the shallower parts of the Gulf 
of Maine and cooling temperatures on the shelves (Townsend et al., 
2010). Overall, waters within the range of the thorny skate are 
expected to get warmer, increase in salinity and decrease in pH (Saba 
et al., 2015). In marine ecosystems, climate change impacts like these 
are generally expected to push species distributions northward 
(Frumhoff et al., 2007), but possible effects on the thorny skate are 
unclear.
    In U.S. waters, the thorny skate has experienced a relatively high 
amount of range contraction as measured during NEFSC surveys. A small 
but statistically significant northward shift in range, and increased 
concentration in deeper waters has been detected (Nye et al., 2009). A 
possible explanation of the consistent, long-term decline of thorny 
skates in the NEFSC trawl survey is skates are shifting out of the 
survey area. The shift in area occupied on the Grand Banks in Canada 
may also be a response to climate change. In this area, skates have 
shifted to the warmer edge of the banks, avoiding the cooler 
temperatures present on the center of the banks (Kulka and Miri 2003) 
created by the Labrador Current. The lack of skates present in 
temperatures below 1 or 2[deg] C supports this conclusion.
    There is no information regarding the impacts of ocean 
acidification on the thorny skate. However, a study on the sympatric 
little skate, Leucoraja erinacea, demonstrates that changes in 
temperature and acidic concentration can result in complex effects on 
developmental time, body condition and survival in skate hatchlings (Di 
Santo 2015). There is currently no information available on how hypoxia 
or changes in nutrient composition might impact the thorny skate. Given 
its broad range, generalist feeding habits, and ability to move, 
localized areas of hypoxia or low prey availability are unlikely to 
have an impact at a species level.

[[Page 11551]]

    Since climate change impacts are expected to shift species 
distributions northward and impact species diversity, recent studies 
have focused on the impacts of climate change to fish community 
assemblages, particularly on species richness and diversity. Some 
impacts have been observed for ``coastal'' or shallow water communities 
(<200 m/656 ft in depth) in the Gulf of St. Lawrence (Tamdrari et al., 
2014) and Iceland (Stefansdottir et al., 2010). In both these studies, 
thorny skates were found to associate more with the deeper water fish 
assemblages, which had only minor, if any, impacts from climate change.
    There is some evidence that suggests the species is shifting to 
deeper waters. Thorny skates comprised 7.97 percent of fish in the 
``coastal'' species assemblage (<200m) in the early 1990s and only 5.58 
percent on average from 2004-2010 in the Gulf of St. Lawrence. In the 
deeper species assemblage (>200m) they went from 3.71 percent in the 
early 1990s to 4.52 percent averaged from 2004-2010 (Tamdrari et al., 
2014). This is a relatively small change for both depths when compared 
to change for other species, representing half as much decrease in the 
coastal assemblage as redfish (Sebastes spp.) and an order of magnitude 
less than the decrease in Atlantic cod (Gadus morhua). Additionally, 
thorny skates were most abundant between 100 and 350 m of depth before 
climate change became apparent (McEachran and Musick 1975), and this 
remains the case in modern surveys (Packer et al., 2003; COSEWIC 2012), 
though depths in the fall range up to 500 m in U.S. waters (Packer et 
al., 2003).
    Recent climate vulnerability analyses have been performed for fish 
species in the Northeast United States and for fish assemblages on the 
Scotian Shelf in Canada. Despite having similar methodologies, these 
studies came to different conclusions regarding the vulnerability of 
thorny skates to climate change. Stortini et al. (2015) rated the 
vulnerability of the thorny skate on the Scotian shelf as ``low.'' This 
study scaled the estimated vulnerability relative to thirty-two other 
species found on the Scotian Shelf; therefore, the ``low'' 
vulnerability rating is in relation to other species in that location.
    Hare et al. (2016) rated this species as having a ``high'' 
biological sensitivity and climate exposure likelihood off the 
Northeast United States, on a scale of ``low'' to ``very high.'' In 
this effort, vulnerability was equated to the likelihood of the species 
experiencing either reduced productivity or shifting its distribution 
out of the region in response to climate change. This vulnerability 
analysis concluded that there was also a ``high'' chance of negative 
impacts and changes in species distribution within its U.S. range. Both 
assessments used a similar variety of species life history factors to 
produce a species sensitivity score, but Hare et al., (2016) used a 
larger variety of climate factors including pH, salinity, precipitation 
and ocean currents to determine climate exposure, whereas Stortini et 
al. (2015) looked only at mean temperature under different warming 
scenarios.
    While thorny skates in U.S. waters are at high risk for being 
impacted by climate change (likely to manifest as loss of cold water 
habitat in U.S. waters), the best available information indicates that 
throughout most of the range, the generalist habitat requirements of 
the thorny skate will limit impacts of climate change. This conclusion 
is supported by studies on species diversity that indicate impacts to 
species assemblages have not yet occurred on communities including the 
thorny skate, due to its depth preferences (Stefansdottir et al., 2010, 
Tamdarai et al., 2015). In addition, modeling predicts a less than 10 
percent loss of thermally appropriate habitat before 2030 in U.S. 
waters, but almost no habitat loss before 2030 in Canadian waters 
(Shackell et al., 2014). A ten percent loss is expected in Canada and 
up to 25 percent loss in U.S. waters may occur before 2060 (Shackell et 
al., 2014). Although the risk may be high that thorny skates will shift 
their distribution out of Northeast U.S. waters due to warming ocean 
conditions (Hare et al., 2016), the species would have the ability to 
persist in adjacent regions with more suitable habitat.
    Ocean temperature changes due to climate change may be contributing 
to a contraction of the thorny skate's range at its southern edges. 
Thorny skates appear to have comparatively low exposure to potentially 
harmful pollutants, and there is no information suggesting their 
individual fitness or populations are threatened by pollution. The mean 
score we calculated based on the workshop participants' individual 
scores indicates that climate change and non-fishing related 
modifications to habitat (e.g. drilling, offshore windfarm 
construction) present a low to moderate contribution to extinction 
risk.
    Overutilization: The workshop participants individually evaluated 
the available information on fishing mortality and abundance trends of 
thorny skate summarized in the status review report. Overutilization 
for commercial purposes was once considered one of the primary threats 
to thorny skate populations. Significant declines have been documented 
throughout much of the thorny skate's range due to historical fishing 
pressure. The most recent information suggests that declines in several 
stocks have halted due to fishing restrictions (COSEWIC 2012; ICES 
2015; Sosebee et al., in prep). Populations appear to be stable or 
slowly increasing, with millions of individuals remaining in the 
Northwest Atlantic alone. Therefore, there appears to be a low 
likelihood of further population declines because of stabilization 
observed after management actions were put into place. The mean score 
we calculated based on the workshop participants' individual scores 
corresponds to a very low or low ranking for all threats in this 
category, with the commercial landings and commercial discards 
receiving mean scores of slightly higher than low contributions to 
overall extinction risk.
    Thorny skates were and are taken as bycatch by fisheries throughout 
their range, including those in the North Sea, Barents Sea, Gulf of St. 
Lawrence and on the Canadian and U.S. continental shelves. Targeted 
fisheries, particularly by foreign fleets including those of Spain, 
Portugal and Russia, developed in the 1990s (COSEWIC 2012; Sosebee et 
al., in prep). The fishery for thorny skates was largely unregulated in 
the Northwest Atlantic until the 2000s (COSEWIC 2012). Currently, small 
fisheries exist in the North Sea (Piet et al., 2009) and on the Grand 
Banks in Canada (Simpson et al., 2016), which is, as mentioned earlier, 
the first regulated skate fishery in international waters. Since 2003, 
U.S. vessels have been prohibited from possessing or landing thorny 
skates (NEFMC 2009). While directed fisheries on the species are 
currently limited, thorny skates continue to be taken as bycatch and 
discarded in commercial fisheries within their range.

U.S. Fisheries Catch and Bycatch

    Total landings for all skate species within U.S. waters reached 
9,462 mt in 1969 and declined after that, reaching a low of 847 mt in 
1981 (Sosebee et al., in prep). Skate landings increased substantially 
after that time period for lobster bait and export, rising to a high of 
20,342 mt in 2007 (Sosebee et al., in prep). Estimated total catch of 
thorny skates has declined from over 5,000 mt in the late 1960s and 
early 1970s to about 200-300 mt in recent years (Sosebee et al., in 
prep). Thorny skates make up a small overall portion of skate catch, 
particularly in comparison to winter and little skates. Most of the

[[Page 11552]]

early catch (1969-1989) was from otter trawl discards, while landings 
dominated from 1990 to present (Sosebee et at., in prep). Discards from 
scallop dredges increased in proportion to population estimates during 
the late 1970s and again during the late 1990s (Sosebee et al., in 
prep). While landings were generally low, catch of thorny skates likely 
contributed to the decline of the species over time.
    In 2003, the NEFMC implemented a FMP for the seven skates present 
within the Gulf of Maine. The FMP prohibited landings of thorny skates 
as the stock status was considered overfished (NEFMC 2009). The limited 
information regarding species biomass required the NEFSC to develop 
survey-based overfished and overfishing reference points for the thorny 
skate: ``Thorny skate is in an overfished condition when the three-year 
moving average of the autumn survey mean weight-per-tow is less than 
one half of the 75th percentile of the mean weight-per-tow observed in 
the autumn trawl survey from the selected reference time series. 
Overfishing occurs when the three year moving average of the autumn 
survey mean weight per tow declines 20% or more, or when the autumn 
survey mean weight per tow declines for three consecutive years. The 
reference points and selected time series may be re-specified through a 
peer reviewed process and/or as updated stock assessments are 
completed'' (NEFMC 2009). The target biomass for thorny skates is 
currently set at 4.13 kg/tow and the minimum biomass threshold at 2.06 
kg/tow. The most recent 3-year average remains below these figures at 
0.17 kg/tow; however, this figure has remained steady since 2011.
    The MSA states: ``A stock or stock complex is considered 
``overfished'' when its biomass has declined below a level that 
jeopardizes the capacity of the stock or stock complex to produce 
Maximum Sustainable Yield (MSY) on a continuing basis. MSY is defined 
as the largest long-term average catch or yield that can be taken from 
a stock or stock complex.'' The overfished/overfishing status of a 
stock is determined relative to its ability to produce continued yield 
from a fishery. The overfished status of thorny skates within the 
United States means that fishing mortality rates (including past 
landings and discards) have been too high, and caused the population to 
decline below acceptable levels. The stock must be rebuilt to biomass 
levels that can produce MSY for a fishery to be sustainable. The 
prohibition on harvest in U.S. waters is expected to help the stock 
rebuild. This means any thorny skates caught within U.S. waters must be 
discarded at sea.
    Estimated thorny skate discards are low relative to other skates 
(Sosebee et al., in prep). Landings and dead discards have decreased in 
recent years (2007-2014) and total discards have stabilized or 
increased.

Canadian Fisheries and Bycatch

    Thorny skates comprise the majority of skates caught in commercial 
fisheries in Canada. The majority of thorny skate catch comes from the 
coast of Labrador and Newfoundland, including the Grand Banks area. 
This has ranged from a high of approximately 24,000 mt in the early 
1990s to current levels around 6,000 mt. Relative fishing mortality has 
remained stable (1985- 2009) in this area at approximately ten percent 
(COSEWIC 2012).
    Within the southern Gulf of St. Lawrence, estimated landings of 
thorny skates peaked in 1994 at approximately 38 t, and have since 
decreased to an average 1-2.7 t over the period 2006-2011(Benoit 2013). 
The thorny skate is the most common discarded skate species. On 
average, 490 t were discarded in the early 1990s, this dropped to 53.7 
t on average over the period 2006 -2011 (Benoit 2013). While the 
majority of discards in the past came from trawl fisheries, currently 
half are from trawl and half from the gillnet fishery for Greenland 
halibut (Benoit 2013). Overall fishing effort in this area has declined 
or remained stable since the 1990s (COSEWIC 2012).
    The only remaining directed fishery for the thorny skate is 
executed within the Grand Banks Area. This area is managed between two 
areas, 3Ps directly south of Newfoundland and entirely within the 
Canadian Exclusive Economic Zone (EEZ), and divisions 3LNO, which 
comprise the outer banks, some of which lies outside the Canadian EEZ. 
Quota regulation within the EEZ was enacted in 1995 (Simpson et al., 
2014). In 2004, NAFO enacted quota regulation for the entire 3LNO area, 
making this the first regulated skate fishery in the world in 
international waters. The regulated areas include areas within and 
outside the Canadian EEZ; 3Ps remained under Canada's quota system. For 
most years since the quotas were enacted, catch has remained well below 
the limits. Relative fishing mortality within the Grand Banks has 
decreased over time. Within the 3LNO it increased from the late 1980s 
to a peak of 29 percent in 1997; then stabilized at approximately 17 
percent during 1998-2004 (Simpson et al., 2016). In 2005, relative 
fishing mortality declined to 4 percent and has remained around 5 
percent (Simpson et al., 2016). Since 1985, fishing mortality within 
3Ps was relatively constant, below 5 percent for most years (Simpson et 
al., 2016).

Northeast Atlantic Fisheries and Bycatch

    There is little directed fishing effort on thorny skates across 
most of the Northeast Atlantic, with a prohibition against landings 
currently in place in European Union waters in the Barents Sea and east 
of the United Kingdom (ICES 2015). There is a small fishery landing 
thorny skates from Iceland and Greenland. Landings here have increased 
but still remain below 2,000 mt, or about half that of Canada's yearly 
landings.
    The available information indicates that current thorny skate 
populations are numerous in many areas and that area occupied is 
increasing. While the portion of the population within the United 
States is not currently capable of sustaining a fishery, fisheries for 
thorny skates are well-controlled throughout the range. Fishing 
mortality relative to biomass has decreased across the range through 
time, and is currently rather low in most areas. The mean score we 
calculated based on the workshop participants' individual scores 
indicate that commercial landings across the range of the species 
present a low contribution to extinction risk.
    We have also considered the best available information on the 
mortality rates of thorny skates that are discarded (i.e., returned to 
the water alive after capture in fishing gear). Factors that impact 
thorny skate discard survival in trawl fisheries include size, depth of 
capture, difference in temperature between bottom and surface 
conditions (Benoit et al., 2013), duration of the tow and degree of 
injury sustained during the capture event (Mandelman et al., 2013). 
Skates can have an overall high survival rate following discard, with 
up to 20 percent mortality predicted for trawl fisheries within the 
Gulf of St. Lawrence (Benoit, 2013). Mandelman et al. (2013) studied 
the post-discard mortality of thorny skates captured in trawl gear in 
the Gulf of Maine. This study indicates that while 72-hour post-discard 
mortality of a sample of individuals retained in captivity following 
cage trials was only 22 percent, the condition of many of the 
individual thorny skates was poor (52 percent injury rate at time of 
capture; most with listless appearance and lack of vigor at the end of 
the 72-hour period) and 7-day mortality was 66 percent. The authors 
note that the species may be less resilient than

[[Page 11553]]

indicated by the 22 percent 72-hour mortality rate and cautions against 
the use of the 22 percent mortality rate in management. The effects of 
captivity on these mortality rates are unknown; however, it is 
reasonable to expect that captivity contributed to slightly higher 
mortality rates. The available information indicates a low to moderate 
risk of mortality to a thorny skate once it is captured (Benoit et al., 
2013 and Mandelman et al., 2013). The elimination of most directed 
fisheries and reductions in catches are expected to reduce overall 
fishing mortality, including discard mortality. It is also important to 
note that post-discard mortality is considered in developing fishing 
management policies for the thorny skate in the United States. Current 
management measures consider the available information on post-discard 
mortality. While overutilization had been a primary threat to the 
species, fishing mortality is being managed throughout the species' 
range. The available information indicates that current thorny skate 
populations are numerous in many areas and that area occupied is 
increasing. While the portion of the population within the United 
States is not currently capable of sustaining a fishery, fisheries for 
thorny skates are well-controlled throughout the range. Fishing 
mortality relative to biomass has decreased across the range through 
time, and is currently low in most areas. The mean score we calculated 
based on the workshop participants' individual scores indicates that 
commercial discards across the range of the species represent a low 
contribution to overall extinction risk.
    Disease and Predation: Workshop participants individually evaluated 
the available information on disease and predation of thorny skates 
summarized in the status review report. Overall, there is minimal 
information available with which to evaluate these threats. In general, 
thorny skates may be susceptible to diseases, but there is no evidence 
that disease has ever caused declines in populations. The mean score we 
calculated based on the workshop participants' individual scores 
indicates that disease represents a very low contribution to overall 
extinction risk, as it is very unlikely that this threat contributes or 
will contribute to the decline of the species.
    Regarding predation, there is no indication that this species would 
be threatened by excessive predation pressure. Egg capsules for the 
species are reportedly preyed upon by halibut, Greenland shark and 
goosefish (Collette and Klein-MacPhee 2002). Gastropods may also 
predate on egg cases, with a predicted predation frequency ranging from 
4 to 18 percent (Cox et al., 1999). It is unknown what the effect of 
this predation may be, but it could contribute to a slower rate of 
rebuilding.
    Skates, including thorny skates, are prey for a number of species: 
Flounder, other skates, seabirds, marine mammals, sharks, cod and other 
large demersal fishes, with the last being the most important 
(Morissette et al., 2006). Overall mortality for small skates has 
decreased while increasing for larger skates since the 1970s. 
Currently, recruitment for smaller skates remains high in portions of 
the Canadian range (Benoit and Swain 2011; Swain et al., 2013). 
Meanwhile, the numbers of large fishes have decreased. Fishing pressure 
has also decreased, substantially in some regions, indicating sources 
of adult skate mortality may be natural. Marine mammal predation, 
particularly by gray seals, has been suggested as an increasing cause 
of mortality for some locations (Swain et al., 2013).
    Thorny skates are at least a minor source of prey for gray seals, 
composing up to 6 percent of their diet depending on age and season 
(Beck et al., 2007). Gray seal energy requirements are high enough that 
this predator may be responsible for much of the natural mortality of 
adult thorny skates in some areas, despite the thorny skate being a 
minor prey source (Swain et al., 2013, Benoit et al., 2011). Energetics 
modeling has been found to explain a similar pattern of increased adult 
mortality in other local species (Benoit et al., 2011). Further 
modeling work found a negative relationship between the gray seal index 
and thorny skate numbers in the Southern Gulf of St. Lawrence. The harp 
seal index was more likely to explain population trends in the 
Northwest portion of the Gulf. Predation by either species was not 
found to explain trends in thorny skate within the northeast portion of 
the Gulf (Ouellet et al., 2016).
    Predation by gray seals may have increased within the range of the 
thorny skate. Gray seal populations have recovered during the same time 
period of decreasing mortality for small thorny skates. Numbering only 
15,000 individuals in the 1960s, the gray seal population increased to 
350,000 by 2007. In 2014, the population estimate within the Canadian 
range and Gulf of Maine had increased to 505,000 (Hamill et al. 2014). 
In addition, gray seals have been expanding their range and are now 
present in small numbers as far south as Southern New England 
(DiGiovanni Jr. et al., 2016).
    Gray seals stay mostly local (within 50 km) to haul-out sites and 
forage in mostly shallow depths (~100 m) (McConnell et al., 1999, 
Schreer et al., 2001). The largest numbers of gray seals are found in 
the Gulf of St. Lawrence and on Sable Island off the coast of Nova 
Scotia, where they may impact skates on the Scotian Shelf. Smaller 
populations are found in coastal Nova Scotia, Seal Island, Maine and on 
Cape Cod, Massachusetts (Hamill et al., 2014). If gray seal predation 
is contributing to thorny skate mortality, the impact is likely to be 
concentrated in the shallowest portions of the thorny skate range 
around major gray seal population areas.
    Harp seals migrate to the Gulf of St. Lawrence to whelp before 
returning to Artic waters on the overlapping range of thorny skate. 
They migrate along the coast of Labrador and Greenland northward. Small 
numbers of harp seals may remain year-round in southern waters, with 
the majority living in the Artic. Currently there is no evidence that 
thorny skates comprise more than an incidental portion of the harp seal 
diet. Harp seal reproductive rates decreased in the latest assessment, 
with 8.3 million individuals estimated in 2008 and 7.7 million 
estimated in 2012 (DFO 2012). Harp seal predation on thorny skates is 
likely stable or slightly decreasing and centered around whelping 
sites.
    Modeling indicates marine mammal predation may contribute to high 
natural mortality of adult thorny skates in some discrete areas, 
suppressing recovery of their populations (DFO 2012). For now, high 
levels of recruitment in small skates are still evident despite this 
pressure. Recent abundance of thorny skates has also been stable in 
areas where marine mammal populations are centered. The recent 
population increase of gray seals in U.S. waters and coinciding 
stabilization of thorny skate abundance indices suggests that seal 
predation was not likely responsible for thorny skate declines. The 
mean score we calculated based on the workshop participants' individual 
scores indicates that predation represents a very low contribution to 
extinction risk, as it is very unlikely that this threat contributes or 
will contribute to the decline of the species.
    Inadequacy of Existing Regulatory Mechanisms: The workshop 
participants individually evaluated the available information on 
fisheries management regulations and abundance trends of the thorny 
skate summarized in the status review report. The inadequacy of 
regulatory mechanisms to control the harvest of thorny skates was once 
considered a significant threat to their populations. Legal protections 
for

[[Page 11554]]

thorny skates vary between outright prohibitions on landings in the 
United States and much of the Northeast Atlantic, with limited fishing 
permitted in Canada and Iceland.

U.S. Regulations

    Within U.S. waters, thorny skates are managed under the MSA. 
Landings of thorny skates within U.S. waters were unregulated until 
2003 when the NEFMC established an FMP for the skate complex. At that 
time, the stock was deemed ``overfished'' and a landing prohibition was 
put in place, requiring all catch of thorny skates to be discarded at 
sea. At that time, the same prohibitions were put into place for the 
sympatric species, barndoor and smooth skates, to help rebuild these 
stocks. The skate complex FMP does still allow catch of other skate 
species, and other fisheries may also catch thorny skates but are 
likewise required to discard them.
    MSA regulations are enforced in U.S. waters by the U.S. Coast 
Guard, NOAA's Office of Law Enforcement and state partners. Fishermen 
who do not comply with regulations established under the MSA are 
subject to fines and criminal penalties, depending on the severity of 
the offense. Compliance with the prohibition against landing thorny and 
other skates was examined via port sampling. In 2005, 3.61 percent of 
skate wing landings were identified as thorny skate. In the years 
since, this declined rapidly with less than 1 percent of wings 
identified as thorny skate in 2007, and further declined to 0.01 
percent in 2012, indicating that compliance with the discard 
regulations and misidentifications or mislabeling is not an issue in 
the United States (Curtis and Sosebee 2015). While the thorny skate is 
still considered overfished within the United States, overfishing is no 
longer occurring (NEFMC 2009), indicating that fishery management 
measures are successfully controlling fishing mortality in those 
waters.

Canadian Regulations

    Under the Fisheries Act, Canadian fisheries may take thorny skates 
as bycatch in other fisheries, and a small, directed fishery still 
operates on the Grand Banks. Available information suggests that catch 
is well below the total allowable catch limits as set by NAFO and 
Canada, indicating fishing mortality is controlled (Simpson et al., 
2016). The Scotian shelf has been closed to directed fishery for skates 
(thorny and winter) since the early 2000s. In addition to compliance 
with catch limits, thorny skate abundance has been stable on the Grand 
Banks and the rest of Canada, yet still below historical levels 
(COSEWIC 2012). Recruitment in this portion of the species' range 
remains relatively high. Therefore, existing regulatory measures appear 
sufficient to control fishing mortality.

Northeast Atlantic Regulations

    There is a prohibition against landing thorny skates from European 
Union waters in the Barents Sea and east of the United Kingdom (ICES 
2015). A very small fishery exists in Iceland and off East Greenland, 
where survey numbers have remained stable since 2000 (ICES 2015). With 
populations within the Northeast Atlantic currently considered stable 
(ICES 2015), existing regulatory measures appear sufficient to control 
fishing mortality within this region. Iceland reported 1625 t of thorny 
skate landings in 2014. A 2016 EU regulation prohibits thorny skate 
landings in EU waters of ICES divisions IIa, IIIa and VIId and ICES 
subarea IV Subareas II and IV and Division IIIa (Norwegian Sea, North 
Sea, Skagerrak, and Kattegat), based on ICES advice that a 
precautionary approach dictates no targeted fishing and measures to 
reduce bycatch. ICES advice for this species west of the UK is 
currently pending. Thorny skates taken from these EU waters are counted 
under a regional EU skate quota that lacks a robust scientific basis. 
EU limits on these species have been generally trending toward more 
precautionary over the last decade.
    Legal protections for thorny skates vary between outright 
prohibitions on landings in the United States and much of the Northeast 
Atlantic, with limited fishing permitted in Canada and Iceland. While 
thorny skates are also a bycatch species within many fisheries, stable 
population numbers indicate existing protections are sufficient through 
its range. The mean score we calculated based on workshop participants' 
individual scores for both global/national climate change regulations 
and NAFO fishing regulations indicate that inadequacy of these 
regulations represents a low to moderate contribution to extinction 
risk. However, workshop participants also noted uncertainty related to 
other global or national environmental regulations in this category 
because there is more uncertainty in their effectiveness to result in 
protections for marine ecosystems.

Other Natural or Manmade Factors Affecting the Thorny Skate's Continued 
Existence

    The workshop participants individually evaluated the available 
information on other potential threats as summarized in the status 
review report. Natural threats focused on the thorny skate's inherent 
biological vulnerability, which is also reflected in the demographic 
factors described above. The species has low productivity because of 
its life history characteristics and is vulnerable to exploitation and 
population perturbations. Populations can be quickly depleted and take 
many years to recover. However, their mobility, high genetic diversity, 
and generalist habitat and diet strategy contribute to a low risk of 
extinction. The mean scores we calculated based on workshop 
participants' individual scores indicate that both manmade catastrophic 
events and stochastic events represent very low contributions to 
extinction risk because of the wide geographic distribution of the 
species.

Summary of Demographic Factors and Threats Affecting Thorny Skate

    Both demographic factors and threats were qualitatively ranked on a 
scale from very low to very high by the workshop participants (NMFS 
2017). No demographic factors or threats were ranked high or very high. 
Abundance, diversity and spatial structure/connectivity were ranked 
very low to low, and growth rate/productivity was ranked low to 
moderate risk. For the workshop participants' threats assessments, both 
climate change and global or national climate change regulations 
received the most likelihood points in the moderate contribution to 
extinction risk category. Only one threat, climate change, received 
likelihood points in the high contribution category, though the 
majority of points were in the moderate contribution category. No 
threats considered by workshop participants were given an overall 
average score of medium, high or very high contributions to extinction 
risk of thorny skate. All workshop participants placed their individual 
point allocations in the very low contribution to extinction risk 
category for the following threats: Recreational fishing, recreational 
discards, educational collection, and stochastic events.
    The only demographic factor ranked above low was growth rate/
productivity (low to moderate risk). The thorny skate's life history 
traits make the populations vulnerable to threats and slow to recover 
from depletion. Once we compiled the individual workshop participant 
scores and calculated the mean score, only six threats were ranked in 
the low to moderate category, all others were in the very low to low 
categories. The threats ranked low to moderate included: Climate 
change,

[[Page 11555]]

manmade non-fishing habitat impacts, commercial discards, commercial 
landings, global and national climate regulation, and inadequacy of 
existing NAFO regulations. Fishing for thorny skates is managed 
throughout the species' range. Efforts to manage the harvest of the 
species include regulations put forth by the United States, Canada, 
NAFO, and ICES, though workshop participants expressed uncertainty in 
the adequacy of NAFO regulation. Due to these recent management 
efforts, thorny skate abundance has stabilized in the several regions 
(e.g., United States, South Labrador Shelf, North Gulf of St. Lawrence, 
Norway) and has increased in some waters (e.g. Grand Banks). Given its 
life history traits, return to historical abundances may take decades, 
but demographic risks are mostly low and significant threats have been 
reduced.

Overall Risk Summary

    As described previously, the workshop participants used a 
``likelihood analysis'' to evaluate the overall risk of extinction. 
Each workshop participant had 10 likelihood points to distribute among 
the following overall extinction risk categories: Low risk, moderate 
risk or high risk.
    Overall, the mean scores we calculated based on the workshop 
participants' individual scores indicate that rangewide, thorny skates 
have a 93.3 percent likelihood of being at low risk of extinction, 6.6 
percent likelihood of moderate risk of extinction, and 0 percent 
likelihood of high risk of extinction.
    The mean scores we calculated based on the workshop participants' 
individual scores indicate that, overall, the thorny skate is at low 
risk of extinction. None of the workshop participants indicated that 
there was any likelihood of the thorny skate having a high risk of 
extinction. Additionally, there was very little likelihood of a 
moderate risk of extinction (4 points out of 60 total).
    Thorny skates have been subjected to considerable fishing pressure 
for many decades, but improved fisheries management efforts in recent 
years have reduced fishing mortality rates on thorny skate stocks, and 
populations are no longer declining. Return to historical abundance may 
take decades, but demographic risks are mostly low and significant 
threats have been reduced. Based upon the available information 
summarized here, the mean scores we calculated based on the workshop 
participants' individual scores indicate that the thorny skate has a 
low risk of extinction, assuming the dominant threats to its 
populations continue to be managed. We have no reason to believe that 
these dominant threats will not continue to be managed.
    We have independently reviewed the best available scientific and 
commercial information, including the status review report (NMFS 2017) 
and other published and unpublished information. We conclude that the 
thorny skate is not in danger of extinction or likely to become so in 
the foreseeable future throughout its range. As described earlier, an 
endangered species is ``any species which is in danger of extinction 
throughout all or a significant portion of its range'' and a threatened 
species is one ``which is likely to become an endangered species within 
the foreseeable future throughout all or a significant portion of its 
range.'' The workshop participants individually ranked the demographic 
criteria and the five factors identified in the ESA, completed an 
assessment of overall extinction risk, and each submitted his/her 
individual expert opinions to us. We reviewed the results of the ERA 
and concurred with the workshop participant's individual expert 
opinions regarding extinction risk. We then applied the statutory 
definitions of ``threatened species'' and ``endangered species'' to the 
ERA results and other available information to determine if listing the 
thorny skate was warranted.
    The mean scores we calculated based on the ERA workshop participant 
scores indicate that the level of extinction risk to the thorny skate 
is low, with 93.3 percent of the workshop participants' likelihood 
points allocated to the ``low risk'' category. The workshop 
participants allocated only 6.6 percent of their likelihood points to 
the ``moderate extinction risk'' category. Given this low level of 
extinction risk, which is based on an evaluation of the contribution of 
the thorny skate's demographic parameters and threats to extinction 
risk, we have determined that the thorny skate does not meet the 
definition of an endangered or threatened species and, as such, listing 
under the ESA is not warranted at this time.

Significant Portion of Its Range

    Though we find that the thorny skate rangewide is not in danger of 
extinction now or in the foreseeable future, under the SPR Policy, we 
must go on to evaluate whether these species are in danger of 
extinction, or likely to become so in the foreseeable future, in a 
``significant portion of its range'' (79 FR 37578; July 1, 2014).
    When we conduct an SPR analysis, we first identify any portions of 
the range that warrant further consideration. The range of a species 
can theoretically be divided into portions in an infinite number of 
ways. However, there is no purpose to analyzing portions of the range 
that are not reasonably likely to be significant or in which a species 
may not be endangered or threatened. To identify only those portions 
that warrant further consideration, we determine whether there is 
substantial information indicating that (1) the portions may be 
significant and (2) the species may be in danger of extinction in those 
portions or likely to become so within the foreseeable future. We 
emphasize that answering these questions in the affirmative is not a 
determination that the species is endangered or threatened throughout a 
significant portion of its range--rather, it is a step in determining 
whether a more detailed analysis of the issue is required (79 FR 37578; 
July 1, 2014). Making this preliminary determination triggers a need 
for further review, but does not prejudge whether the portion actually 
meets these standards such that the species should be listed.
    If this preliminary determination identifies a particular portion 
or portions for potential listing, those portions are then fully 
evaluated under the ``significant portion of its range'' authority as 
to whether the portion is both biologically significant and endangered 
or threatened. In making a determination of significance, we consider 
the contribution of the individuals in that portion to the viability of 
the species. That is, we determine whether the portion's contribution 
to the viability is so important that, without the members in that 
portion, the species would be in danger of extinction or likely to 
become so in the foreseeable future.
    The SPR policy further explains that, depending on the particular 
facts of each situation, we may find it is more efficient to address 
the significance issue first, but in other cases, it will make more 
sense to examine the status of the species in the potentially 
significant portions first. Whichever question is asked first, an 
affirmative answer is required to proceed to the second question. Id. 
``[I]f we determine that a portion of the range is not `significant,' 
we will not need to determine whether the species is endangered or 
threatened there; if we determine that the species is not endangered or 
threatened in a portion of its range, we will not need to determine if 
that portion is `significant' '' (79 FR 37587). Thus, if the answer to 
the first question is negative--whether it addresses the significance 
question or

[[Page 11556]]

the status question--then the analysis concludes, and listing is not 
warranted.
    As described previously, we determined that there are no DPSs of 
the thorny skate, and rangewide, the thorny skate is at a low risk of 
extinction. Applying the SPR policy to the thorny skate, we first 
evaluated whether there is substantial information indicating that any 
portions of the species' range may be significant. After a review of 
the best available information and invited experts' opinions, as 
described below, we find that the data do not indicate any portion of 
the thorny skate's range as being more significant than another. Thorny 
skates are distributed across the North Atlantic and have very few 
restrictions governing their movements. Movements are restricted by 
depth and temperature; however, there are no known gaps in suitable 
habitat, thus allowing a continuous range. Because the Northwest 
Atlantic and the Northeast Atlantic are the two largest portions of the 
species' range, the workshop participants individually considered the 
SPR questions related to abundance, productivity, spatial distribution, 
and diversity outlined in the NMFS listing guidance. As explained 
below, we determined that neither the Northwest Atlantic nor the 
Northeast Atlantic were significant portions. Given that neither the 
Northwest Atlantic nor the Northeast Atlantic represents a significant 
portion of the range, we do not find that thorny skate in U.S. waters 
represent a significant portion of the range of the thorny skate. The 
following questions related to significance of portions were 
considered:
Abundance
     Without that portion, would the level of abundance of the 
remainder of the species cause the species to be at moderate or high 
risk of extinction due to environmental variation or anthropogenic 
perturbations (of the patterns and magnitudes observed in the past and 
expected in the future)?
     Without that portion, would the abundance of the remainder 
of the species be so low, or variability in abundance so high, that it 
would be at moderate or high risk of extinction due to depensatory 
processes?
     Without that portion, would abundance of the remainder of 
the species be so low that its genetic diversity would be at risk due 
to inbreeding depression, loss of genetic variation, or fixation of 
deleterious alleles?
     Without that portion, would abundance of the remainder of 
the species be so low that it would be at moderate or high risk of 
extinction due to its inability to provide important ecological 
functions throughout its life-cycle?
     Without that portion, would the abundance of the remainder 
of the species be so low that it would be at risk due to demographic 
stochasticity?
Productivity
     Without that portion, would the average population growth 
rate of the remainder of the species be below replacement such that it 
would be at moderate or high risk of satisfying the abundance 
conditions described above?
     Without that portion, would the average population growth 
rate of the remainder of the species be below replacement such that it 
is unable to exploit requisite habitats/niches/etc. or at risk due to 
depensatory processes during any life-history stage?
     Without that portion, would the remainder of the species 
exhibit trends or shifts in demographic or reproductive traits that 
portend declines in the per capita growth rate, which pose a risk of 
satisfying any of the preceding conditions?
Spatial Distribution
     Will the loss of one or more of the portions significantly 
increase the risk of extinction to the species as a whole by making the 
species more vulnerable to catastrophic events such as storms, disease 
or temperature anomalies?
     Will connectivity between portions of the species' range 
be maintained if a portion is lost (e.g., does the loss of one portion 
of the range of the species create isolated groups or populations?)?
     Are there particular habitat types that the species 
occupies that are only found in certain portions of the species' range? 
If so, would these habitat types be accessible if a portion or portions 
of the range of the species are lost?
     Are threats to the species concentrated in particular 
portions of the species' range and if so, do these threats pose an 
increased risk of extinction to those portions' persistence?
Diversity
     Will unique genetic diversity be lost if a portion of the 
range of the species is lost?
     Does the loss of this genetic diversity pose an increased 
risk of extinction to the species?
    As described more fully in the status review report and below, the 
workshop participants individually answered ``no'' to all of the 
abundance, productivity and diversity questions related to whether the 
Northwest Atlantic or the Northeast Atlantic portion represent a 
significant portion of the species' range. One workshop participant 
answered ``yes'' to two spatial distribution questions.
    Given estimates of 1.8 billion animals in Northwest Atlantic 
waters, which represent 30-40 percent of the overall population, loss 
of the Northwest Atlantic population would have a large impact on the 
species rangewide, but would not put the species at a moderate or high 
risk of extinction because of the remaining large population size and 
wide geographic distribution. When considering productivity, the group 
noted that the average growth rate for the species does not depend on 
the growth rate in the Northwest Atlantic and vice versa for the 
Northeast Atlantic and that the areas do not exhibit source-sink 
dynamics. There was no evidence that without either area the average 
population growth rate of the remainder of the species would drop below 
replacement, resulting in the population being unable to exploit 
requisite habitat, nor was there any evidence that the remainder of the 
species would be at risk due to depensatory processes. Regarding shifts 
in demographic or reproductive traits, the group could not identify 
evidence that a decline in the Northwest Atlantic would result in a 
decline in the Northeast Atlantic. Given the large spatial distribution 
of the thorny skate and the foreseeable future of 40 years, the group 
could not identify a stochastic event that could impact the entire 
Northwest Atlantic or Northeast Atlantic distribution of the thorny 
skate. There is no information to suggest that loss of any portion 
would severely fragment and isolate the species to the point where 
individuals would be precluded from moving to suitable habitats or have 
an increased vulnerability to threats. The loss of either the Northwest 
Atlantic population or the Northeast Atlantic population would result 
in the loss of connectivity rangewide, given that it is a continuous 
population. However, loss of the Northwest Atlantic population would 
not affect spatial connectivity of the Northeast Atlantic population 
and vice versa. Some genetic differentiation is present between the 
Northwest and Northeast Atlantic, but the central portion of the range 
appears to bridge diversity between these two areas. This is likely 
made possible by the continuous distribution and depth range of the 
species. There is no substantial evidence to indicate that the loss of 
genetic diversity from one portion of the species' range would result 
in the remaining populations lacking enough

[[Page 11557]]

genetic diversity to allow for adaptations to changing environmental 
conditions. Based on the best available genetic research, thorny skates 
have the highest genetic diversity out of 15 studied skate species 
(Lynghammar et al., 2014), and the highest diversity occurs in waters 
near Iceland and Greenland. Due to the genetic diversity present in 
thorny skates across the species' range, loss of either the Northeast 
Atlantic population or Northwest Atlantic population would not present 
a significant increase in the extinction risk to the species.
    The petitioners identified the U.S. population as a potential DPS. 
As noted above, this portion does not qualify as a DPS. We considered 
whether U.S. waters could be a significant portion of the species' 
range. However, due to the workshop participants individual expert 
opinions related to abundance, productivity, spatial distribution, and 
diversity questions for the larger Northwest Atlantic and Northeast 
Atlantic populations and our findings that neither of these constitute 
a significant portion of the species' range, and given the United 
States represents only a small portion of the global range of the 
thorny skate, there is little evidence for concluding that the U.S. 
population is significant to the entire species under the SPR policy. 
Furthermore, there is no indication that loss of the U.S. portion of 
the species' range would result in a moderate or high extinction risk 
to the global species. As was mentioned previously, the available 
population and trend data do not indicate that past declines in the 
United States have affected global populations of thorny skate. Thus, 
the United States population would not qualify as ``significant'' under 
the SPR Policy. Likewise, there is no substantial evidence to indicate 
that the loss of genetic diversity from one portion of the species' 
range would result in the remaining populations lacking enough genetic 
diversity to allow for adaptations to changing environmental 
conditions. Similarly, there is no information to suggest that loss of 
any portion would severely fragment and isolate the species to the 
point where individuals would be precluded from moving to suitable 
habitats or have an increased vulnerability to threats. In other words, 
loss of any portion of its range would not likely isolate the species 
to the point where the remaining populations would be at risk of 
extinction from demographic processes.
    In summary, areas exhibiting source-sink dynamics, which could 
affect the survival of the species, were not evident in any part of the 
thorny skate's range. There is also no evidence of a portion that 
encompasses aspects that are important to specific life history stages, 
but another portion that does not, where loss of the former portion 
would severely impact the growth, reproduction, or survival of the 
entire species. In other words, the viability of the species does not 
appear to depend on the productivity of the population or the 
environmental characteristics in any one portion. It is important to 
note that the overall distribution of the thorny skate is still 
uncertain. As better data become available, the species' distribution 
(and potentially significant portions of its range) will become better 
resolved. However, at this time, there is no evidence to suggest that 
any specific portion of the species' range has increased importance 
over another with respect to the species' survival. We reviewed the 
individual workshop participants' expert opinions and application of 
the SPR policy. We conclude that under the SPR policy, the preliminary 
determination that a portion of the species' range may be both 
significant and endangered or threatened has not been met. Therefore, 
listing the thorny skate based on it being threatened or endangered in 
a significant portion of its range is not warranted under the SPR 
policy.

Final Determination

    Section 4(b)(1) of the ESA requires that listing determinations be 
based solely on the best scientific and commercial data available after 
conducting a review of the status of the species and taking into 
account those efforts, if any, being made by any state or foreign 
nation, or political subdivisions thereof, to protect and conserve the 
species. We have independently reviewed the best available scientific 
and commercial information, including the petition, information 
submitted in response to the 90-day finding (80 FR 65175; October 28, 
2015), the status review report (NMFS 2017), and other published and 
unpublished information cited herein, and we have consulted with 
species experts and individuals familiar with the thorny skate. We 
identified no DPSs of the thorny skate and therefore considered the 
species rangewide. We considered each of the section 4(a)(1) factors to 
determine whether any one of the factors contributed significantly to 
the extinction risk of the species. We also considered the combination 
of those factors to determine whether they collectively contributed 
significantly to extinction risk. As previously explained, we could not 
identify any portion of the species' range that met both criteria of 
the SPR policy. Therefore, our determination set forth below is based 
on a synthesis and integration of the foregoing information, factors 
and considerations, and their effects on the status of the species 
throughout its range.
    We conclude that the thorny skate is not in danger of extinction, 
nor is it likely to become so in the foreseeable future throughout all 
or a significant portion of its range. We summarize the factors 
supporting this conclusion as follows: (1) The species is broadly 
distributed over a large geographic range within the North Atlantic 
Ocean, with no barrier to dispersal; (2) genetic data indicate that 
populations are not isolated and that the species has high genetic 
diversity, (3) while the species possesses life history characteristics 
that increase its vulnerability to overutilization, overfishing is not 
currently occurring within the range; (4) the best available 
information indicates that abundance and biomass has stabilized 
rangewide and on the edge of the range in U.S. waters; (5) current 
thorny skate populations are numerous in many areas and the area 
occupied is increasing; (6) while the current population size has 
declined from historical numbers, the population size is sufficient to 
maintain population viability into the foreseeable future and consists 
of at least millions of individuals; (7) a main threat to the species 
is fishery-related mortality from incidental catch (bycatch); however, 
there are strict management measures in place to minimize this threat 
throughout the species' range, and these measures appear to be 
effective in addressing this threat as evidenced by stabilizing numbers 
of thorny skates; (8) there is no evidence that disease or predation is 
contributing to increasing the risk of extinction; and (9) there is no 
evidence that the species is currently suffering from depensatory 
processes (such as reduced likelihood of finding a mate or mate choice 
or diminished fertilization and recruitment success) or is at risk of 
extinction due to environmental variation or anthropogenic 
perturbations.
    Since the thorny skate is not in danger of extinction throughout 
all or a significant portion of its range or likely to become so within 
the foreseeable future, it does not meet the definition of a threatened 
species or an endangered species. Therefore, the thorny skate does not 
warrant listing as threatened or endangered at this time.
    Thorny skates in the Atlantic Ocean from West Greenland to New York 
were

[[Page 11558]]

identified as a NMFS ``species of concern'' in 2006. A species of 
concern is one for which we have concerns regarding status and threats 
but for which insufficient information is available to indicate a need 
to list the species under the ESA. In identifying species of concern, 
we consider demographic and genetic diversity concerns; abundance and 
productivity; distribution; life history characteristics and threats to 
the species. Given the information presented in the status review 
report and the findings of this listing determination, we are removing 
the thorny skate from the ``species of concern'' list.

References

    A complete list of all references cited herein is available upon 
request (see FOR FURTHER INFORMATION CONTACT).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: February 21, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2017-03644 Filed 2-23-17; 8:45 am]
BILLING CODE 3510-22-P



                                                    11540                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    subject merchandise; and (3) no                         Harmonized Tariff Schedule of the United              commercial information available,
                                                    compelling reasons for denial exist, we                 States (HTSUS). ESB rubber is described by            including the status review report, and
                                                    are postponing the final determination                  Chemical Abstract Services (‘‘CAS’’) Registry         taking into account ongoing efforts to
                                                                                                            No. 9003–55–8. This CAS number also refers            protect this species, we have
                                                    and extending the provisional measures
                                                                                                            to other types of styrene butadiene rubber.
                                                    from a four-month period to a period                    Although the HTSUS subheadings and CAS
                                                                                                                                                                  determined that the listing of a
                                                    not greater than six months.                            registry number are provided for convenience          Northwest Atlantic (NWA) distinct
                                                    Accordingly, we will make our final                     and customs purposes, the written                     population segment (DPS) or a U.S. DPS
                                                    determination no later than 135 days                    description of the scope of this investigation        is not warranted at this time. While the
                                                    after the date of publication of this                   is dispositive.                                       petition only sought the listing of one of
                                                    preliminary determination.                                                                                    two alternative DPSs, we exercised our
                                                                                                            Appendix II                                           discretion to consider whether the
                                                    International Trade Commission                          List of Topics Discussed in the Preliminary           listing of the species at the taxonomic
                                                    Notification                                            Decision Memorandum                                   level is warranted. We conclude that
                                                       In accordance with section 733(f) of                 I. Summary                                            thorny skate is not currently in danger
                                                    the Act, we are notifying the                           II. Background                                        of extinction throughout all or a
                                                    International Trade Commission (ITC) of                 III. Period of Investigation                          significant portion of its range or likely
                                                    our preliminary determination. If our                   IV. Scope Comments                                    to become so in the foreseeable future.
                                                    final determination is affirmative, the                 V. Discussion of the Methodology                      DATES: This finding was made on
                                                    ITC will determine before the later of                     A. Determination of the Comparison
                                                                                                                  Method
                                                                                                                                                                  February 24, 2017.
                                                    120 days after the date of this                                                                               ADDRESSES: The status review document
                                                                                                               B. Results of the Differential Pricing
                                                    preliminary determination or 45 days                          Analysis                                        for thorny skate is available
                                                    after our final determination whether                   VI. Date of Sale                                      electronically at: www.nmfs.noaa.gov/
                                                    these imports are materially injuring, or               VII. Product Comparisons                              pr/species/notwarranted.htm. You may
                                                    threaten material injury to, the U.S.                   VIII. Constructed Export Price                        also obtain a copy by submitting a
                                                    industry.                                               IX. Normal Value                                      request to the Protected Resources
                                                       This determination is issued and                        A. Home Market Viability                           Division, NMFS GARFO, 55 Great
                                                    published in accordance with sections                      B. Level of Trade
                                                                                                                                                                  Republic Drive, Gloucester, MA 01930,
                                                    733(f) and 777(i)(1) of the Act and 19                     C. Cost of Production (COP) Analysis
                                                                                                               1. Calculation of COP                              Attention: Thorny Skate 12-month
                                                    CFR 351.205(c).                                                                                               Finding.
                                                                                                               2. Test of Comparison Market Sales Prices
                                                      Dated: February 16, 2017.                                3. Results of the COP Test                         FOR FURTHER INFORMATION CONTACT: Kim
                                                    Ronald K. Lorentzen,                                       D. Calculation of NV Based on                      Damon-Randall, NMFS Greater Atlantic
                                                    Acting Assistant Secretary for Enforcement                    Comparison-Market Prices                        Regional Fisheries Office, 978–282–
                                                    and Compliance.                                         X. Preliminary Negative Determination of
                                                                                                                  Critical Circumstances
                                                                                                                                                                  8485; or Marta Nammack, NMFS Office
                                                    Appendix I                                                 A. Legal Framework                                 of Protected Resources, 301–427–8469.
                                                                                                               B. Critical Circumstances Analysis                 SUPPLEMENTARY INFORMATION:
                                                                                                               C. Analysis
                                                    Scope of the Investigation                              XI. Currency Conversion
                                                                                                                                                                  Background
                                                       For purposes of this investigation, the              XII. Conclusion                                          We received a petition, dated May 28,
                                                    product covered is cold-polymerized                     [FR Doc. 2017–03631 Filed 2–23–17; 8:45 am]           2015, from Animal Welfare Institute
                                                    emulsion styrene-butadiene rubber (ESB                  BILLING CODE 3510–DS–P
                                                                                                                                                                  (AWI) and Defenders of Wildlife (DW)
                                                    rubber). The scope of the investigation                                                                       requesting that we list a ‘‘Northwest
                                                    includes, but is not limited to, ESB rubber in                                                                Atlantic DPS’’ of thorny skate as
                                                    primary forms, bales, granules, crumbs,                                                                       threatened or endangered under the
                                                                                                            DEPARTMENT OF COMMERCE
                                                    pellets, powders, plates, sheets, strip, etc.                                                                 ESA, or, as an alternative, a ‘‘U.S. DPS’’
                                                    ESB rubber consists of non-pigmented
                                                                                                            National Oceanic and Atmospheric                      as threatened or endangered. The
                                                    rubbers and oil-extended non-pigmented
                                                    rubbers, both of which contain at least one             Administration                                        petition also requests we designate
                                                    percent of organic acids from the emulsion              [Docket No. 150901797–7177–02]                        critical habitat for thorny skate. In
                                                    polymerization process.                                                                                       response to this petition, we published
                                                       ESB rubber is produced and sold in                   RIN 0648–XE163                                        a ‘‘positive’’ 90-finding on October 26,
                                                    accordance with a generally accepted set of                                                                   2015 (80 FR 65175), in which we
                                                    product specifications issued by the                    Endangered and Threatened Wildlife                    concluded that the petition presented
                                                    International Institute of Synthetic Rubber             and Plants; Notice of 12-Month Finding                substantial scientific and commercial
                                                    Producers (IISRP). The scope of the                     on a Petition To List Thorny Skate as                 information indicating that listing under
                                                    investigation covers grades of ESB rubber               Threatened or Endangered Under the
                                                    included in the IISRP 1500 and 1700 series
                                                                                                                                                                  the ESA may be warranted, and a review
                                                                                                            Endangered Species Act (ESA)                          of the status of the species was initiated.
                                                    of synthetic rubbers. The 1500 grades are
                                                    light in color and are often described as               AGENCY:  National Marine Fisheries                       We then performed a detailed review
                                                    ‘‘Clear’’ or ‘‘White Rubber.’’ The 1700 grades          Service (NMFS), National Oceanic and                  and determined that the best available
                                                    are oil-extended and thus darker in color,              Atmospheric Administration (NOAA),                    scientific and commercial information
                                                    and are often called ‘‘Brown Rubber.’’                  Commerce.                                             does not support a listing. The resulting
                                                       Specifically excluded from the scope of                                                                    status review report included an in-
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            ACTION: Notice; 12-month finding and
                                                    this investigation are products which are                                                                     depth review of the available scientific
                                                    manufactured by blending ESB rubber with                availability of status review document.
                                                                                                                                                                  literature, an analysis of the five ESA
                                                    other polymers, high styrene resin master
                                                                                                            SUMMARY:  We, NMFS, have completed a                  section 4(a)(1) factors (16 U.S.C.
                                                    batch, carbon black master batch (i.e., IISRP
                                                    1600 series and 1800 series) and latex (an              comprehensive status review under the                 1533(a)(1)(A)–(E)), and an assessment of
                                                    intermediate product).                                  Endangered Species Act (ESA) for                      extinction risk. The status review report
                                                       The products subject to this investigation           thorny skate (Amblyraja radiata) in                   was independently peer reviewed by
                                                    are currently classifiable under subheadings            response to a petition to list this species.          external experts. This listing
                                                    4002.19.0015 and 4002.19.0019 of the                    Based on the best scientific and                      determination is based on the status


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                          11541

                                                    review report, along with other                         Section 4(b)(1)(A) of the ESA requires us             factors set forth above. We prepared this
                                                    published and unpublished                               to make listing determinations based                  report to summarize the workshop
                                                    information.                                            solely on the best scientific and                     participants’ professional judgments of
                                                                                                            commercial data available after                       the extinction risk facing thorny skate.
                                                    Listing Species Under the ESA
                                                                                                            conducting a review of the status of the              The workshop participants made no
                                                       We are responsible for determining                   species and after taking into account                 recommendations as to the listing status
                                                    whether the thorny skate is threatened                  efforts being made by any state or                    of the species, nor does the status
                                                    or endangered under the ESA (16 U.S.C.                  foreign nation or political subdivision               review report. The status review report
                                                    1531 et seq.). To make this                             thereof to protect the species. In                    is available electronically at the Web
                                                    determination, we first consider                        evaluating the efficacy of existing                   site listed in ADDRESSES.
                                                    whether a group of organisms                            domestic protective efforts, we rely on                  The status review report underwent
                                                    constitutes a ‘‘species’’ under section 3               the Services’ joint Policy on Evaluation              independent peer review as required by
                                                    of the ESA, then whether the status of                  of Conservation Efforts When Making                   the Office of Management and Budget
                                                    the species qualifies it for listing as                 Listing Decisions (‘‘PECE’’; 68 FR 15100;             Final Information Quality Bulletin for
                                                    either threatened or endangered. Section                March 28, 2003) for any conservation                  Peer Review (M–05–03; December 16,
                                                    3 of the ESA defines species to include                 efforts that have not been implemented                2004). The status review report was peer
                                                    ‘‘any subspecies of fish or wildlife or                 or have been implemented but not yet                  reviewed by three independent
                                                    plants, and any distinct population                     demonstrated effectiveness.                           specialists selected from government,
                                                    segment of any species of vertebrate fish                                                                     academic, and scientific communities,
                                                    or wildlife which interbreeds when                      Status Review                                         with expertise in elasmobranch biology,
                                                    mature.’’ On February 7, 1996, NMFS                        The status review report for thorny                conservation and management, and
                                                    and the U.S. Fish and Wildlife Service                  skate is composed of two components:                  specific knowledge of thorny skates.
                                                    (USFWS; together, the Services) adopted                 (1) A scientific literature review and                The peer reviewers were asked to
                                                    a policy describing what constitutes a                  analysis of the five ESA section 4(a)(1)              evaluate the adequacy, quality, and
                                                    DPS of a taxonomic species (61 FR                       factors and (2) an assessment of the                  completeness of the data considered and
                                                    4722). Under the joint DPS policy, we                   extinction risk. A biologist in NMFS’                 whether uncertainties in these data were
                                                    consider the following when identifying                 Greater Atlantic Region, working in                   identified and characterized in the
                                                    a DPS: (1) The discreteness of the                      cooperation with NMFS Northeast                       status review report, as well as to
                                                    population segment in relation to the                   Fisheries Science Center (NEFSC),                     evaluate the findings made in the
                                                    remainder of the species or subspecies                  completed the first component,                        ‘‘Assessment of Extinction Risk’’ section
                                                    to which it belongs; and (2) the                        undertaking a scientific review of the                of the report. They were also asked to
                                                    significance of the population segment                  life history and ecology, distribution                specifically identify any information
                                                    to the species or subspecies to which it                and abundance, and an analysis of the                 missing or lacking justification, or
                                                    belongs.                                                ESA section 4(a)(1) factors. The                      whether information was applied
                                                       Section 3 of the ESA further defines                 Extinction Risk Assessment (ERA) was                  incorrectly in reaching conclusions. We
                                                    an endangered species as ‘‘any species                  compiled by a biologist in NMFS’                      addressed all peer reviewer comments
                                                    which is in danger of extinction                        Greater Atlantic Region. The ERA was                  prior to finalizing the status review
                                                    throughout all or a significant portion of              informed by invited workshop                          report. Comments received are posted
                                                    its range’’ and a threatened species as                 participants who based their individual               online at www.cio.noaa.gov/services_
                                                    one ‘‘which is likely to become an                      expert opinions on the information                    programs/prplans/ID365.html.
                                                    endangered species within the                           contained in the scientific literature                   We subsequently reviewed the status
                                                    foreseeable future throughout all or a                  review. The workshop participants were                review report, the cited references, and
                                                    significant portion of its range.’’ Thus,               comprised of a fisheries management                   the peer review comments, and we
                                                    we interpret an ‘‘endangered species’’ to               specialist from NMFS’ Highly Migratory                concluded that the status review report,
                                                    be one that is presently in danger of                   Species Management Division, two                      upon which this listing determination is
                                                    extinction. A ‘‘threatened species,’’ on                research fishery biologists from NMFS’                based, provides the best available
                                                    the other hand, is not presently in                     Northeast Fisheries Science Center, an                scientific and commercial information
                                                    danger of extinction, but is likely to                  elasmobranch expert from Sharks                       on thorny skate. Much of the
                                                    become so in the foreseeable future (that               International, a fisheries manager from               information discussed below on thorny
                                                    is, at a later time). In other words, the               the New England Fishery Management                    skate biology, genetic diversity,
                                                    primary statutory difference between a                  Council, and a research director from                 distribution, abundance, threats, and
                                                    threatened and endangered species is                    the New England Aquarium. The                         extinction risk is attributable to the
                                                    the timing of when a species may be in                  workshop participants had expertise in                status review report. However, we have
                                                    danger of extinction, either presently                  elasmobranch biology and ecology,                     independently applied the statutory
                                                    (endangered) or in the foreseeable future               population dynamics, fisheries                        provisions of the ESA, including
                                                    (threatened). Section 4(a)(1) of the ESA                management, climate change and/or                     evaluation of the factors set forth in
                                                    also requires us to determine whether                   stock assessment science. The workshop                section 4(a)(1)(A)–(E); our regulations
                                                    any species is endangered or threatened                 participants reviewed the information                 regarding listing determinations; and,
                                                    as a result of any of the following five                from the scientific literature review. The            our DPS and Significant Portion of its
                                                    factors: The present or threatened                      status review report for thorny skate                 Range (SPR) policies in making the
                                                    destruction, modification, or                           (NMFS 2017) compiles the best
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                                  listing determination.
                                                    curtailment of its habitat or range;                    available information on the status of
                                                    overutilization for commercial,                         the species as required by the ESA,                   Distribution and Habitat Use
                                                    recreational, scientific, or educational                provides an evaluation of the                           The thorny skate belongs to the family
                                                    purposes; disease or predation; the                     discreteness and significance of                      Rajidae, genus Amblyraja, and species
                                                    inadequacy of existing regulatory                       populations in terms of the DPS policy,               radiata. The thorny skate is a widely
                                                    mechanisms; or other natural or                         and assesses the current and future                   distributed boreal species, spanning
                                                    manmade factors affecting its continued                 extinction risk, focusing primarily on                both sides of the Atlantic. In the western
                                                    existence. (16 U.S.C. 1533(a)(1)(A)–(E)).               threats related to the five statutory                 North Atlantic, it ranges from western


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                                                    11542                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    Greenland to South Carolina. In the                     throughout their range, but are most                  and 35 practical salinity units (PSU)
                                                    eastern North Atlantic, it ranges from                  likely to occur in deeper waters.                     (COSEWIC, 2012). In U.S. waters during
                                                    the Barents Sea southward to the                           Thorny skate have been caught at                   the spring, they are primarily caught at
                                                    southwestern coasts of Ireland and                      temperatures ranging from ¥1.4 to 14                  salinities of 33–34 PSU and in the fall
                                                    England, including Iceland (Bigelow                     °Celsius (C) (McEachran and Musick                    at salinities of 32–35 parts per thousand
                                                    and Schroeder, 1953). Found over a                      1975); however, they have a more                      (ppt), with more than 60 percent at 33
                                                    wide variety of substrates including                    narrow thermal range than most                        ppt (Packer et al., 2003). In the Barents
                                                    sand, broken shell, gravel, pebbles and                 sympatric species (Hogan et al., 2013).               Sea, thorny skate are caught at a much
                                                    soft mud, the thorny skate ranges over                  In the U.S. waters of the inshore Gulf of             larger range of salinities than other
                                                    depths from 18 to 1400 m (COSEWIC                       Maine, surveys catch nearly twice as                  species (Dolgov et al., 2004a).
                                                    2012).                                                  many skates at 2.5 °C as between 4.5                     Thorny skates eat a varied diet, with
                                                       Despite its generalist nature, some                  and 9.5 °C, with catch rates dropping off             smaller skates consuming copepods,
                                                    habitat preferences exist. There is some                sharply for temperatures warmer than                  krill, polychaete worms and amphipods,
                                                    evidence that the species prefers                       10 °C (Sosebee et al., in prep).                      and larger skates eating other fish and
                                                    complex hard bottom habitat instead of                  Generally, in U.S. waters during spring,              larger crustaceans including shrimp and
                                                    sand or mud. Scott (1982) reported that                 adult thorny skate were found at                      crabs (Skjaeraasen and Bergstad 2000;
                                                    catch rates of thorny skate were highest                temperatures between 2 and 13 °C, with                Dolgov 2002). Thorny skate are
                                                    on coarser grained sediment, and catch                  the majority between 4 and 7 °C. During               opportunistic feeders; important fish
                                                    rates diminished as grain size decreased                the fall, they were found over a                      prey species can include cod, capelin,
                                                    on the Scotian Shelf. Also, more skates                 temperature range of 3 and 13 °C, with                and redfish (Pedersen 1995; Dolgov
                                                    are caught by longlines in bottom areas                 the majority found between 5–8 °C                     2002). Within the Gulf of Maine, fish
                                                    that are considered categorized as rough                (Packer et al., 2003). Preliminary tagging            make up the majority of the thorny skate
                                                    versus those considered smooth                          results are available from a 2016 Gulf of             diet (Link and Sosebee 2011).
                                                    (Sosebee et al., in prep).                              Maine study with data from 23 thorny                     Overall, thorny skate are considered a
                                                       Generally, thorny skate appear to                    skate with pop-up satellite archival                  habitat generalist, found over a wide
                                                    prefer deeper waters within their range,                transmitting (PSAT) tags. The daily                   variety of substrates, depths and
                                                    although the specific depth varies by                   (min/max) temperature records from all                temperatures. Thorny skate vary widely
                                                    location and may be impacted by other                   PSAT-tagged skates indicated that                     in depth preferences over the range of
                                                    factors including temperature. Survey                   thorny skate occurred in temperatures of              the species (Dolgov et al., 2005a;
                                                    data from the inshore waters in the Gulf                4.5–10.5 °C from November to August                   COSEWIC 2012; Sosebee et al., in prep),
                                                    of Maine stratified by depth indicate                   and have a broad temperature tolerance                likely indicating an ability to seek out
                                                    catch by trawl survey gear increases                    (J. Kneebone, pers. comm.). On the                    ideal temperatures.
                                                    sharply in depths greater than 40 meters                Grand Banks, catches of thorny skate are              Life History
                                                    (m), and peaks at around 95 m. Most                     generally highest between 3 and 5 °C,
                                                    individuals are caught between 70 m                     although catch has concentrated on the                   Thorny skate, like other skate, ray and
                                                    and the upper depth limit for the                       warmer edge of the Bank since the                     shark species, are relatively slow-
                                                    survey, 120 m (Sosebee et al., in prep).                1990s (Colbourne and Kulka 2004). A                   growing, late to mature and have low
                                                    Generally, within U.S. waters, they                     similar concentration on the edge of the              fecundity when compared to bony
                                                    range from a depth of 141 to 300 m in                   banks has been observed in the Gulf of                fishes. An oviparous (egg-laying)
                                                    spring and 31 to 500 m in fall, with the                St Lawrence, correlating with                         species, they reproduce year-round
                                                    majority of both spring and fall captures               temperatures between 2 and 4 °C (Swain                (Kneebone et al., 2007), although more
                                                    between 141 to 300 m (Packer et al.,                    and Benoit, 2006). Few thorny skates                  females contain mature egg capsules in
                                                    2003). Previous studies found thorny                    were caught where temperature was                     the summer (Collette and Klein-
                                                    skate most abundant between 111 m and                   <0 °C. The available information                      MacPhee 2002). In the Gulf of Maine,
                                                    366 m throughout the U.S. range                         consistently demonstrates that thorny                 average egg capsule size is largest in
                                                    (McEachran and Musick 1975). In                         skate are most likely to occur in areas               October (Sulikowski et al., 2005a).
                                                    Canadian waters from the Labrador                       with cooler water temperatures (0 to 14               Mature females are estimated to produce
                                                    Shelf to the Grand Banks, 88 percent of                 °C).                                                  an average of 40.5 eggs per year, with a
                                                    thorny skate are found between 30 and                      Seasonal migrations have been noted                hatching success of 38 percent
                                                    350 m (COSEWIC 2012). In the Gulf of                    on the Scotian Shelf and the Grand                    (COSEWIC 2012). Others have estimated
                                                    St. Lawrence, thorny skate have been                    Banks, but are not well understood                    up to 56 eggs per year, slightly higher
                                                    found to be increasingly concentrated in                (NEFSC 2003). Within the Gulf of St.                  than similar species (McPhie and
                                                    depths below 100 m since the early                      Lawrence, skates move into deeper                     Campana 2009). Incubation time is long
                                                    1990s, with the majority of fish greater                waters in November and December and                   and, depending on temperature (low
                                                    than 33 centimeters (cm) in length                      into shallower waters in April and May,               water temperatures slow development),
                                                    found around 200 m (Swain and Benoit                    with peak numbers present there in late               is estimated to take from 2.5–3 years
                                                    2006). Fish smaller than 33 cm                          summer and fall (Clay 1991; Darbyson                  after deposit (Berestovskii 1994).
                                                    concentrate in shallower waters around                  and Benoit 2003). A change in spring                     Lifespan for the species is difficult to
                                                    100 m in the Gulf of St. Lawrence. In                   and fall distributions results in higher              estimate, due to the slow growth of the
                                                    Norway, thorny skate show a preference                  density and concentration of biomass in               species and limited number of
                                                    for even deeper waters, being more                      deeper waters during the spring,                      maximum-sized fish available for aging.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    concentrated between 600 and 650 m                      corresponding with areas of warmer                    A limited number of maximum-sized
                                                    (Williams et al., 2008). Within the                     temperature in Canadian waters (Kulka                 fish may result from fishing and natural
                                                    Barents Sea, average catch is highest                   and Miri 2003). These may be examples                 mortality or from differential capture
                                                    between 100 and 200 m but thorny                        of skates seeking out their preferred                 rates for different sized skates.
                                                    skates are captured all the way to 800                  temperature range.                                    Individuals estimated to be up to 16
                                                    m (Dolgov et al., 2005a). Together, this                   Few data are available regarding                   years of age using vertebral and caudal
                                                    information demonstrates that thorny                    thorny skates’ preferred salinity,                    thorn aging have been observed from the
                                                    skate occur in a wide range of depths                   although catch is highest between 32                  Gulf of Maine (Sulikowski et al., 2005b)


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                          11543

                                                    and from Greenland (Gallagher et al.,                   percent of individuals traveled longer                al., 2011). Haplotype and nucleotide
                                                    2006), respectively. Long-term tagging                  distances between 180 and 445 km.                     diversity are useful metrics for assessing
                                                    indicated these fish may live at least 20               Preliminary study results from a 2016                 species genetic diversity because they
                                                    years in Canadian waters (Templeman                     study in the Gulf of Maine recovered                  can be influenced by factors such as the
                                                    1984) and further vertebral aging                       data from five thorny skates tagged with              size and age of a population and degree
                                                    confirmed with radiocarbon bomb                         PSATs in the vicinity of Cashes Ledge.                of connectivity between populations.
                                                    dating methodology indicated a                          The tag results indicated movements of                High genetic diversity was also detected
                                                    maximum age of at least 28 years for                    3–26 km at 100 days post-tagging (J.                  in studies that examined additional
                                                    individuals caught off the Scotian Shelf                Kneebone, pers.comm). Three thorny                    genetic markers (Chevolot et al., 2007,
                                                    (McPhie and Campana 2009).                              skates tagged offshore in the Gulf of                 Lynghammar et al., 2014). Overall,
                                                    Theoretical longevity was estimated at                  Maine near the Hague line exhibited                   barcode gap analysis (an analytical tool
                                                    up to 39 years, much longer compared                    movements of 3.5–6.5 km over 100 days                 wherein the barcoding gap is the
                                                    to other native skates (McPhie and                      post-tagging. In the western Gulf of                  difference between interspecific and
                                                    Campana 2009).                                          Maine (Massachusetts Bay), data from                  intraspecific genetic distance within a
                                                       Total length and length at                           13 PSAT-tagged skates indicated                       group of organisms) indicates the
                                                    reproductive maturity vary widely over                  distance traveled of 2–30 km over 100-                genetic distance within the thorny skate
                                                    the species’ range. Maximum length and                  day (n=12) and 200-day (n=1) tag                      species is low compared to the average
                                                    length at maturity (L50) decrease with                  deployment periods (J. Kneebone, pers.                genetic distance within other species in
                                                    increases in latitude. Maximum lengths                  comm.). Collectively, these preliminary               the skate family (0.93 v. 3.9 percent,
                                                    range from 90 cm on the Labrador Shelf                  data corroborate previously published                 Lynghammar et al., 2014). This means
                                                    to 100–110 cm in the Gulf of Maine                      data and further demonstrate that                     that, within the skate species sampled,
                                                    (COSEWIC 2012). The smallest L50s                       thorny skates exhibit limited                         thorny skates are genetically more
                                                    were reported farthest north, with                      movements in the Gulf of Maine.                       similar to each other, suggesting greater
                                                    female L50 reported at 44–47 cm, and                    However, some thorny skates off the                   gene flow across their range, than all of
                                                    male L50 at 44–50 cm reported for                       coast of Newfoundland were observed                   the other skate species in this study.
                                                    skates caught around Baffin Island on                   to travel rapidly, with several                          Distribution of genetic diversity did
                                                    the Labrador Shelf (Templeman 1987).                    individuals moving up to 200 km within                not mirror geographic distribution in the
                                                    In the Gulf of Maine, L50 for females                   a few months (Templeman 1984).                        thorny skate, with the center of the
                                                    occurred at approximately 11 years and                     Conventional tagging data have                     range having the highest genetic
                                                    87.5 cm; for males, L50 was reached at                  several limitations when it comes to                  diversity (Lynghammar et al., 2014).
                                                    10.9 years and 85.6 cm (Sulikowski et                   accurately monitoring movement for                    Highest diversity in one study occurred
                                                    al., 2005b). A later study on the eastern               this species, including that all returns              between two adjacent sites in the
                                                    Scotian Shelf (midway between these                     are produced from commercial fishing                  eastern Atlantic, and when these were
                                                    populations) noted that female skates                   gear. First, these data rely on recaptures            removed, there was no significant
                                                    could show signs of maturity anywhere                   and reporting (commercial/recreational                difference in genetic diversity between
                                                    from 39.0–74.5 cm and males between                     fishermen or surveys may report catch                 remaining sites (Chevolot et al., 2007).
                                                    51.0–78.0 cm (McPhie and Campana                        of a tagged fish) and the information                 Thorny skates captured in Iceland had
                                                    2009). The reasons behind variation in                  obtained is generally limited to the                  the highest levels of diversity with
                                                    total length and length at maturity are                 location where the fish was recaptured                fourteen different haplotypes present;
                                                    unknown but may stem from                               in relation to where it was originally                thorny skates from the eastern and
                                                    environmental or genetic factors.                       tagged. Second, the information from                  western Atlantic sites had significantly
                                                       Age at maturity was estimated to be                  conventional tagging is limited by the                lower levels with three haplotypes each.
                                                    11 years for females and 10.9 years for                 small number of thorny skates tagged                  The distribution of specific genetic
                                                    males. Size and age at maturity for                     and recaptured. Return rates in the                   haplotypes and the depth range of the
                                                    thorny skate were greater and also                      western Atlantic were 14 percent                      species likely indicate gene flow across
                                                    demonstrated more variability than for                  (Templeman 1984) and 25 percent in                    the range of the species (Chevolot et al.,
                                                    sympatric skate species (Sosebee 2005;                  the eastern Atlantic (Walker et al.,                  2007) and indicate that there are not
                                                    McPhie and Campana, 2009). Size and                     1997). The prosecution of fisheries in                isolated populations, as there is no
                                                    maturity were not found to correlate                    relatively shallow waters compared to                 significant gap in distribution across the
                                                    with depth (Templeman 1987).                            the depth range of the species limits                 species’ range (COSEWIC 2012).
                                                       Overall, thorny skates were found to                 returns and therefore, data, because                     Comparisons of haplotype frequencies
                                                    have the highest potential reproductive                 there are fewer opportunities for                     between the Northwest and Northeast
                                                    rate and predicted population increase                  recapture. A particularly low rate of                 Atlantic alone indicated that there was
                                                    when compared to sympatric skate                        return of five percent was observed for               a statistically significant difference
                                                    species (McPhie and Campana 2009);                      skates tagged offshore (Templeman                     between haplotype frequencies of
                                                    this may indicate a greater ability to                  1984), making it difficult to understand              thorny skates in these two areas;
                                                    recover from fishing for thorny skate                   offshore movements. However, based on                 however, when samples from Greenland
                                                    than for similar species. Reproductive                  the available information, thorny skates              were included, the differences in
                                                    rate is still considered low overall                    are capable of occasional long distance               haplotype frequencies among thorny
                                                    compared to teleost species.                            movements, and this may be sufficient                 skates from these locations were not
                                                                                                                                                                  statistically significant (Lynghammar et
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            to promote reproductive mixing across
                                                    Population Structure                                    the species’ range.                                   al., 2014). Additionally, Greenland
                                                      Tagging data from both sides of the                      Comparisons with sympatric skate                   represented a higher number of genetic
                                                    Atlantic show thorny skates remaining                   species suggest that the thorny skate has             haplotypes than either the Northwest or
                                                    in or returning to the same area with 85                one of the highest levels of haplotype                Northeast Atlantic, confirming previous
                                                    percent of individuals traveling less                   and nucleotide genetic diversity when                 results and suggesting that genetic
                                                    than 120 kilometers (km) from their                     compared to other western Atlantic                    mixing is occurring in the center of the
                                                    tagging locations (Templeman 1984;                      skate species, although this can be                   species’ range (Lynghammar et al.,
                                                    Walker et al., 1997). In both studies, 13               skewed by some individuals (Coulson et                2014).


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                                                    11544                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                      Further work comparing individuals                    not as efficiently surveyed with trawl                spring 2015 and 628,000 individuals
                                                    of different sizes from two sites in the                gear.                                                 and 844 mt in autumn 2015.
                                                    Gulf of Maine and two sites in Canadian                    The utility of trawl survey data to                   It is important to note that the low
                                                    waters found no significant genetic                     provide information on the thorny skate               efficiency of the gear in capturing skate
                                                    differences (Tsang et al., 2008).                       is thus limited in two ways: By location,             for these surveys (as described above)
                                                    Comparison of ‘‘late maturing’’ skates                  missing an unknown portion of the                     indicates minimum abundance and
                                                    collected mostly north of Newfoundland                  species’ preferred habitat; and by catch              biomass in the survey area, and true
                                                    and ‘‘early maturing’’ skates collected                 efficiency, underestimating the number                abundance and biomass are higher than
                                                    within Canadian waters south of                         of skates in surveyed areas. Trawl                    numbers reflect. Historical survey
                                                    Newfoundland also showed no                             survey data, therefore, are an index and              efforts also likely underestimated thorny
                                                    significant genetic differences                         represent a minimum estimate of overall               skate abundance and biomass. Edwards
                                                    (Lynghammar et al., 2014).                                                                                    (1968) estimates the catch efficiency of
                                                                                                            thorny skate abundance. Trends are still
                                                      In summary, current information                                                                             thorny skates in the NEFSC trawl survey
                                                                                                            evident from these data but should be
                                                    indicates thorny skates in the                                                                                at 0.1. Using this value, the 2015
                                                                                                            viewed with the sampling caveats
                                                    Northwestern Atlantic comprise a single                                                                       autumn survey represents an estimated
                                                                                                            described above, given the lack of
                                                    stock, despite the differences in length                                                                      8,440 mt and 6 million fish within U.S.
                                                                                                            information collected beyond the survey
                                                    and length at maturity. Some genetic                                                                          waters surveyed by NEFSC (Sosebee et
                                                                                                            areas and the unknown proportion of
                                                    differentiation is present between the                                                                        al., in prep).
                                                                                                            individuals in un-trawlable habitat (see
                                                    Northwest Atlantic and Northeast
                                                                                                            Davies and Jonsen 2011).                              State Surveys
                                                    Atlantic, but the center of the range
                                                    appears to have genetic mixing between                  United States Waters                                     Additional surveys in shallow water
                                                    these two areas. This is likely made                                                                          show similar patterns regarding trends
                                                    possible by the depth range of the                      Northeast Fisheries Science Center                    of thorny skate biomass and abundance,
                                                    species, which allows for continuous                    Surveys                                               or fluctuations without trend. The
                                                    distribution as there are no known                         In U.S. waters, the relative abundance             Massachusetts Division of Marine
                                                    barriers to migration.                                  of the thorny skate is measured via                   Fisheries (MADMF) surveys inshore
                                                                                                            NEFSC bottom trawl surveys. The                       state waters in spring and autumn.
                                                    Abundance and Trends                                                                                          Catch of thorny skates is variable in this
                                                                                                            NEFSC trawl survey has been conducted
                                                       The best available information                                                                             survey (1978 to 2015) but demonstrates
                                                                                                            in the autumn from the Gulf of Maine
                                                    regarding population abundance and                                                                            an overall decreasing trend in thorny
                                                                                                            to Southern New England since 1963 as
                                                    trends is provided by independent trawl                                                                       skate biomass and abundance. The
                                                                                                            a method of measuring abundance of
                                                    surveys within different regions of the                                                                       spring index had stabilized around the
                                                                                                            groundfish for fishery management
                                                    species’ range. Trawl surveys                                                                                 median of 0.07 kg/tow throughout the
                                                                                                            purposes. A spring survey was started in
                                                    underestimate thorny skate abundance,                                                                         2000s, but has since declined, and none
                                                                                                            1968. The autumn surveys provide a
                                                    however, because skates are able to                                                                           were caught in 2013. The autumn index
                                                                                                            longer time series and are used for stock
                                                    escape capture by sliding under the foot                                                                      has generally been below the median of
                                                                                                            assessment purposes.
                                                    rope of trawl gear (Templeman 1984).                                                                          0.14 kg/tow since 1994. Average length
                                                    Capture efficiency varies widely with                      Numbers and catch-per-unit-effort                  of fish in this survey is variable but
                                                    the configuration of the gear and size of               (CPUE; abundance or biomass per tow)                  tends toward smaller fish (Sosebee et
                                                    the fish, as well as area (COSEWIC                      of thorny skates caught by this survey                al., in prep).
                                                    2012), making it difficult to compare                   have declined over time. After reaching                  The Maine-New Hampshire Inshore
                                                    results or pool surveys. In addition,                   a peak during the 1970s with 5.3                      Trawl Survey was established in 2000.
                                                    surveys are generally conducted to                      kilogram (kg) per tow (2.9 fish per tow)              This survey is stratified by depth and
                                                    support fisheries management and are                    during the spring survey and 5.9 kg per               demonstrates low abundance of thorny
                                                    designed for other (commercial) species                 tow (1.8 fish per tow) in the autumn                  skates in the inshore area with little
                                                    and thus may not be optimal for                         survey, catch has declined to less than               trend over the time series (Sosebee et
                                                    estimating skate abundance. In Europe,                  five percent of these maximum levels,                 al., in prep).
                                                    the areas surveyed do not always                        with the average current CPUE from                       The Atlantic States Marine Fisheries
                                                    overlap with areas of known thorny                      2013–2015 being 0.17 kg/tow (Sosebee                  Commission shrimp survey samples
                                                    skate abundance, particularly in deeper                 et al., in prep). Average length                      deeper offshore waters within the Gulf
                                                    waters (Templeman 1984; Walker and                      decreased from a high of 63 cm in 1971                of Maine. A decreasing trend is evident
                                                    Hislop 1998). Across the species’ range,                to a low of 23 cm in 2003, but has been               here in both abundance and biomass of
                                                    available data vary widely in survey                    stable from 2014–2015 at 40–50 cm.                    skate for the duration of the time series
                                                    gear, timing of surveys, and time series,               From 1963 to 2015, minimum swept-                     (1985–2015); however, recent survey
                                                    making comparisons between different                    area abundance and biomass estimates                  results show stable biomass estimates
                                                    areas difficult (COSEWIC 2012).                         decreased from a high of 10.9 million                 from 2009–2015. Although average
                                                       Trawl surveys are limited in the types               individuals and 36,393 metric tons (mt)               length has varied considerably over the
                                                    of bottom they can survey. For trawls,                  in the 1966 autumn survey to a low of                 time series (1985–2015), in general it
                                                    catch efficiency increases with the                     518,900 individuals (mean length = 19                 shows a stable trend (Sosebee et al., in
                                                    smoothness of the bottom. The roughest                  cm) and 365 mt in autumn 2012 and                     prep).
                                                    bottoms may be avoided by survey                        485,000 individuals (mean length = 30                    Overall, NEFSC bottom trawl surveys
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    operators to prevent gear hang-ups. The                 cm) and 499 mt in autumn 2013. Spring                 indicate that thorny skates are most
                                                    increase in number and length of skates                 survey numbers have followed a similar                abundant in the Gulf of Maine and
                                                    caught by longline surveys, particularly                trend. Despite the decline from 1970s                 Georges Bank offshore strata regions,
                                                    on rough bottom (Sosebee et al., in                     levels, recent data demonstrate                       with very few fish caught in inshore
                                                    prep), confirms that trawl gear                         increased capture. Survey estimates                   (<27 m depth), Southern New England,
                                                    underestimates total abundance and                      from 2014–2015 have increased from                    or MA regions (NEFSC 2007, Sosebee et
                                                    biomass of thorny skates (Dolgov et al.,                previous lows, with estimates of                      al., in prep). More recent surveys (2007–
                                                    2005b) because rough bottom areas are                   865,000 individuals and 1,264 mt in                   2009) show a broadening of thorny skate


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                         11545

                                                    distribution into deeper water but also                 time series, recent (mid to late 1990s to             Area Occupied in the Northwest
                                                    a concentration in the western Gulf of                  2012) trends for abundance, biomass,                  Atlantic
                                                    Maine (Sosebee et al., in prep).                        average length, and recruitment rate                     Some evidence suggests a contraction
                                                    Canadian Waters                                         have been stable and increasing and                   of the thorny skate’s range over time. In
                                                                                                            thorny skates remain numerous.                        Canadian waters, area occupied has
                                                       Where data are available, a decrease                 Estimated minimum abundance for
                                                    in abundance has been observed since                                                                          remained stable through much of the
                                                                                                            Canada in 2010 was more than 188                      species’ range. Populations off Labrador,
                                                    the 1970s in Canadian waters; however,
                                                                                                            million individuals, with recent                      north of Newfoundland and on the St.
                                                    recent data indicate an increasing or
                                                    stable trend in Canadian waters. The                    increases in abundance of 61 percent on               Pierre Bank have all remained stable.
                                                    thorny skate is widely distributed and is               the Grand Banks (COSEWIC 2012). The                   Areas south of Newfoundland and St.
                                                    the most common skate species in                        true number is likely much higher                     Pierre Bank have experienced a decline
                                                    Canadian waters. The amount of                          because of the limitations of sampling                in area occupied. On the Grand Banks,
                                                    decrease varies widely between                          gear and sampling locations and depth                 area occupied has decreased
                                                    different regions, varying from 30                      (as discussed above). Approximately                   approximately 50 percent from a high of
                                                    percent on the Southern Labrador Shelf                  30–40 percent of the species’ range lies              almost 60,000 km2 to approximately
                                                    to more than 80 percent on the Scotian                  within Canadian waters (COSEWIC                       30,000 km2 in 2010 (COSEWIC 2012). It
                                                    Shelf between 1977 and 2010                             2012).                                                appears fish in this area have been
                                                    (COSEWIC 2012). Over the same time                                                                            avoiding colder waters present on the
                                                    period, the average individual weight of                Northeast Atlantic                                    top of the Bank, instead moving towards
                                                    commercially targeted demersal fish on                                                                        the warmer edge (Kulka and Miri 2003).
                                                                                                               The thorny skate is widely distributed             In the Southern Gulf of St. Lawrence,
                                                    the Scotian Shelf declined from 41–51                   and is the most common skate species
                                                    percent with the larger decline being on                                                                      the area occupied has decreased from
                                                                                                            in the Northeast Atlantic. Within the                 about 55,000 km2 in the mid-1970s to
                                                    the eastern portion of the shelf
                                                                                                            Barents Sea, the population abundance                 approximately 20,000 km2 in 2010.
                                                    (Zwanenburg 2000). Most Canadian
                                                                                                            was estimated to average 143 million                  Meanwhile, within the Northern Gulf of
                                                    areas saw a decline in abundance of
                                                    thorny skates between 50–60 percent                     fish and the biomass 95,000 mt during                 St. Lawrence, the area occupied has
                                                    during this time period (COSEWIC                        the period 1998 through 2001 (Dolgov et               doubled from 42,300 km2 from 1991–
                                                    2012).                                                  al., 2005a). In Norway, their numbers                 1993 to 90,400 km2 from 2008–2010
                                                       From 1990 to 2011, survey abundance                  fluctuated without trend between 1992                 (COSEWIC 2012). This supports the
                                                    has been mostly stable on the Southern                  and 2005. They remain the most widely                 conclusion that the range of the thorny
                                                    Labrador Shelf and Northern Gulf of St.                 occurring skate species with a mean                   skate is shifting within the Gulf of St.
                                                    Lawrence, and has increased 61 percent                  catch rate in Norwegian waters of 55.2                Lawrence.
                                                    on the Grand Banks (COSEWIC 2012).                      per km2 (Williams et al., 2008). While                   On the Scotian Shelf, area occupancy
                                                    More recent information is available for                not directly comparable given                         has declined steadily over the time
                                                    the Grand Banks region, where a fishery                 differences in tow length and capture                 series, by 58 percent since 1970–1972,
                                                    persists for skates. Biomass in some                    efficiency of different gears, this is                and 66 percent since 1974–1976 (when
                                                    Northwest Atlantic Fisheries                            relatively high when compared to                      it occupied 150,000 km2). The decline
                                                    Organization (NAFO) subdivisions has                    capture rates in Canada and the United                ceased in 2000, and skate in this area
                                                    been increasing, but overall abundance                  States. In Iceland and East Greenland,                now occupy approximately 50,000 km2.
                                                    and biomass remains at low levels,                      population estimates are not available,               There is a strong correlation in this
                                                    averaging 33,500 tons (t) (30,391 mt)                                                                         location between area occupied and
                                                                                                            but abundance in groundfish surveys
                                                    from 1993 to 2012 (DFO 2013). Biomass                                                                         abundance (Shackell et al., 2005),
                                                                                                            has remained stable since 2000. Area
                                                    of thorny skates overall on the Grand                                                                         indicating that remaining skates are
                                                                                                            occupied has likewise remained stable,                using the most suitable habitat. Thorny
                                                    Banks has been stable since 2006
                                                                                                            averaging 50 percent from 2000–2014                   skate occupancy has also declined on
                                                    (Simpson et al., 2016, Nogueira et al.,
                                                                                                            (International Council for the                        the Canadian side of Georges Bank by
                                                    2015).
                                                       Overall declines in abundance have                   Exploration of the Sea (ICES) 2015).                  about 40 percent. Overall, area occupied
                                                    been higher for larger thorny skates                       In the North Sea off the coast of                  for all areas surveyed off Canada
                                                    (COSEWIC 2012). In Canadian waters                      Scotland, thorny skates comprise eighty               (averages for 2007–2009) is
                                                    around Newfoundland, mortality for the                  percent of the total skate biomass                    approximately 290,000 km2, about
                                                    smallest thorny skates has declined                     (Walker and Heeseen 1996; Piet et al.,                90,000 km2 less than in the 1970s. Most
                                                    since the 1970s, while mortality has                    2009). Biomass was estimated to be                    of the decline occurred prior to 1991
                                                    increased for older juveniles and adults                greater than 100,000 t (90,718 mt)                    with the largest decrease on the Scotian
                                                    in the Gulf of St. Lawrence (Swain et al.,              during the early 1980s (Sparholt and                  Shelf (COSEWIC 2012).
                                                    2013). Fishing effort in the area has                   Vinther 1991). Abundance of thorny                       Within the United States, NEFSC
                                                    declined over the same period;                          skates in the area increased greatly                  bottom trawl surveys show an
                                                    suggesting natural mortality factors (not               when comparing the 1906–1909 and                      approximately 75 percent decrease in
                                                    attributable to fishing) are responsible                                                                      number of total tows containing skate
                                                                                                            1990–1995 time periods, despite the
                                                    for this change in mortality rates. On the                                                                    from 1965 to 2008. There is an upward
                                                                                                            overall decrease in landings of skates
                                                    Grand Banks, average length has                                                                               trend in the number of positive tows
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            and rays in this region over the same                 since 2008. There are several
                                                    increased since the 1990s (Nogueira et
                                                                                                            time period (Walker and Hislop 1998).                 distribution indicators of possible
                                                    al., 2015). Recruitment rate has also
                                                    increased in the Southern Gulf of St.                   Abundance decreased (1977–2015) but                   contractions or expansions in
                                                    Lawrence since the 1970s (Benoit and                    is comparable to the abundances                       distribution, such as positive tows, the
                                                    Swain 2011).                                            observed during the early 1970s (ICES                 Gini index (a measure indicating
                                                       Despite the overall downward trend                   2015). Recent abundance estimates of                  deviation from equal spatial
                                                    in abundance of thorny skates within                    thorny skates in the Northeast Atlantic               distribution), and design-weighted area
                                                    Canadian waters throughout the entire                   have been stable (ICES 2015).                         of occupancy, which takes into account


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                                                    11546                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    the area swept by the tows and the                      term ‘‘distinct population segment’’ is               States DPS’’ as threatened or
                                                    proportion of positive tows. Multiple                   not recognized in the scientific                      endangered under the ESA.
                                                    estimates of biomass and abundance                      literature and is not defined in the ESA                 In May 2016, we convened an ERA
                                                    versus area also show a moderate                        or its implementing regulations.                      workshop with thorny skate experts.
                                                    increase in concentration of fish                       Therefore, the Services adopted a joint               The workshop participants provided
                                                    (Sosebee et al., in prep).                              policy for recognizing DPSs under the                 individual expert opinions regarding the
                                                       An example of this is the design-                    ESA (DPS Policy; 61 FR 4722) on                       available information to assess whether
                                                    weighted area of occupancy from the                     February 7, 1996. Congress has                        there are any thorny skate population
                                                    spring and fall NEFSC surveys, which                    instructed the Secretaries of Interior and            segments that satisfy the DPS criteria of
                                                    incorporate a stratified random survey                  Commerce to exercise this authority                   both discreteness and significance. Data
                                                    design (Kulka 2012). This index takes                   with regard to DPSs ‘‘ * * * . . .                    relevant to the discreteness question
                                                    into account the area swept by the tows                 sparingly and only when biological                    included physical, ecological,
                                                    and the proportion of positive tows                     evidence indicates such an action is                  behavioral, tagging, and genetic data. As
                                                    (Swain et al., 2012). The calculation is                warranted.’’ The DPS Policy requires the              described above, the thorny skate is
                                                    the proportion of positive tows within a                consideration of two elements when                    widely distributed across the Northern
                                                    stratum multiplied by the area of that                  evaluating whether a vertebrate                       Atlantic, without any significant known
                                                    stratum and summed over the stock                       population segment qualifies as a DPS                 gaps or barriers in the species range
                                                    area. For the thorny skate, the design-                 under the ESA: (1) The discreteness of                (COSEWIC 2012) or between the
                                                    weighted area of occupancy declined                     the population segment in relation to                 Northwest and Northeast Atlantic.
                                                    over time, from a high of almost 85,800                 the remainder of the species or                       Likewise, populations are considered
                                                    km2 in the mid-1970s to 14,000–17,000                   subspecies to which it belongs; and (2)               contiguous between the United States
                                                    km2 in 2008. Area occupied has                          the significance of the population                    and Canada.
                                                    increased recently, but concentrations of               segment to the species or subspecies to                  Conventional tagging data suggest that
                                                    thorny skates remain within the Gulf of                 which it belongs.                                     individual movement is limited
                                                    Maine (Sosebee et al., in prep).                           A population segment of a vertebrate               (Templeman 1984; Walker et al., 1997);
                                                       Abundance of the thorny skate has                    species may be discrete if it satisfies               however, tagging studies to date have
                                                    declined since the highs of the 1970s.                  either one of the following conditions:               been small and relied upon recapture of
                                                    The areas of greatest decline have been                 (1) It is markedly separated from other               individuals by fishing operations. There
                                                    along the southern portion of their                     populations of the same taxon (an                     is a lack of information regarding
                                                    range, including U.S. waters and                        organism or group of organisms) as a                  species’ movements in deeper water.
                                                    Canadian waters of the Scotian shelf.                   result of physical, ecological, or                    However, the long distance movements
                                                    Abundance has declined by up to 80 or                   behavioral factors. Quantitative                      of some tagged individuals (hundreds of
                                                    95 percent in these areas (COSEWIC                      measures of genetic or morphological                  kilometers) suggest that occasional long
                                                    2012), although recent surveys show the                 discontinuity may provide evidence of                 distance movements by some
                                                    number of thorny skates in these areas                  this separation; or (2) it is delimited by            individuals may be sufficient to
                                                    are stable or slightly increasing (Sosebee              international governmental boundaries                 promote reproductive mixing across the
                                                    et al., in prep; COSEWIC 2012). In more                 within which differences in control of                species’ range (Templeman 1984;
                                                    northern parts of the range, decline in                 exploitation, management of habitat,                  Chevolot et al., 2007). Connectivity
                                                    abundance has been closer to 60 percent                 conservation status, or regulatory                    between areas is also supported by high
                                                    on average and recent surveys show the                  mechanisms exist that are significant in              areas of genetic diversity in the center
                                                    number of thorny skates in these areas                  light of section 4(a)(1)(D) of the ESA                of the range (Lynghammar et al., 2014).
                                                    is increasing or stable (ICES 2015).                    (e.g., inadequate regulatory                          There are no physical barriers to thorny
                                                       Biomass has also decreased, in part                  mechanisms). If a population segment is               skate migration, and migratory
                                                    due to decreased abundance but also                     found to be discrete under one or both                pathways appear to be present between
                                                    due to high average adult mortality.                    of the above conditions, its biological               all ocean basins (i.e., connected areas of
                                                    Recent biomass estimates indicate                       and ecological significance to the taxon              appropriate habitat). Collectively, this
                                                    stabilization (at low levels) or increasing             to which it belongs is evaluated. This                information indicates that thorny skates
                                                    trends in some regions (COSEWIC 2012;                   consideration may include, but is not                 are one contiguous population.
                                                    Sosebee et al., in prep). Thorny skates                 limited to: (1) Persistence of the discrete              As highlighted in the DPS Policy,
                                                    remain numerous throughout the greater                  population segment in an ecological                   quantitative measures of morphological
                                                    portion of their range, numbering in the                setting unusual or unique for the taxon;              discontinuity or differentiation can
                                                    hundreds of millions (COSEWIC 2012).                    (2) evidence that loss of the discrete                serve as evidence of marked separation
                                                    Due to low catchability, the species may                population segment would result in a                  of populations. No genetic difference
                                                    be even more numerous than estimates                    significant gap in the range of a taxon;              was detected between thorny skates
                                                    predict. Area occupied has declined by                  (3) evidence that the discrete population             caught within Canadian versus U.S.
                                                    approximately half since the 1970s;                     segment represents the only surviving                 waters (Tsang et al., 2008). Best
                                                    however, some expansion of area                         natural occurrence of a taxon that may                available genetic information
                                                    occupied has been observed recently                     be more abundant elsewhere as an                      (Lynghammar et al., 2014) suggests a
                                                    and current estimates have                              introduced population outside its                     significant amount of genetic diversity
                                                    demonstrated an upward trend in recent                  historical range; or (4) evidence that the            between populations in the Northwest
                                                                                                                                                                  and Northeast extremes; however, no
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    years (COSEWIC 2012; ICES 2015).                        discrete population segment differs
                                                                                                            markedly from other population                        significant difference is found when
                                                    Distinct Population Segment Analysis                    segments of the species in its genetic                individuals from the center of the range
                                                      As described above, the ESA’s                         characteristics.                                      are included, which indicates genetic
                                                    definition of ‘‘species’’ includes ‘‘any                   The petition from AWI and DW                       mixing is occurring in the center of the
                                                    subspecies of fish or wildlife or plants,               requested that we list a ‘‘Northwest                  range (Lynghammar et al., 2014). The
                                                    and any distinct population segment of                  Atlantic DPS’’ of the thorny skate as                 center of the species’ range around
                                                    any species of vertebrate fish or wildlife              threatened or endangered under the                    Iceland and Greenland contains the
                                                    which interbreeds when mature.’’ The                    ESA, or, as an alternative, a ‘‘United                highest amount of genetic diversity,


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                          11547

                                                    with the edges of the species’ range in                 areas across the species’ range, thorny               suggests that catch is well below the
                                                    the Northwest and Northeast Atlantic                    skates undergo some form of fishing                   total allowable catch limits as set by
                                                    both having lower levels of diversity.                  mortality because they are a common                   NAFO and Canada, indicating fishing
                                                    We do not know if the diversity is in                   bycatch species. There are some                       mortality is controlled (Simpson et al.,
                                                    neutral genetic markers or is indicative                differences in management in the                      2016). The Scotian shelf has been closed
                                                    of adaptation. It should be noted that                  Northwestern Atlantic (by the                         to directed fishery for skates (thorny and
                                                    Lynghammar et al. (2014) was not                        Northwest Atlantic Fisheries                          winter) since the early 2000s. In
                                                    specifically targeting thorny skates;                   Organization (NAFO) and the                           addition to compliance with catch
                                                    therefore, improved sampling for thorny                 Northeastern Atlantic (by ICES). In                   limits, thorny skate abundance has been
                                                    skates is suggested for future research.                2004, the NAFO Fisheries Commission                   stable on the Grand Banks and the rest
                                                    However, this study represents the best                 set a total allowable catch (TAC) of                  of Canada, yet still below historical
                                                    available scientific information on                     13,500 mt for 2005–2009 in Division 3                 levels (COSEWIC 2012). Therefore,
                                                    thorny skate genetics.                                  LNO. This TAC was lowered by NAFO                     existing regulatory measures appear
                                                       In summary, current information                      to 12,000 mt for 2010–2011, and to                    sufficient to control fishing mortality.
                                                    indicates thorny skates in the North                    8,500 mt for 2012. The TAC was further
                                                    Atlantic comprise a single species,                     reduced to 7,000 mt for 2013, 2014,                      Throughout its range, thorny skates
                                                    despite the differences in age and length               2015 (Simpson et al., 2016). In the                   cross international governmental
                                                    at maturity. Some genetic differentiation               Northeastern Atlantic there is a                      boundaries. There are regulatory
                                                    is present between the Northwest                        prohibition against landing thorny                    mechanisms in place across the species’
                                                    Atlantic and Northeast Atlantic, but the                skates from European Union waters in                  range with respect to conserving and
                                                    center of the range bridges genetic                     the Barents Sea and east of the United                recovering the thorny skate. While there
                                                    diversity between these two areas,                      Kingdom (ICES 2015). A very small                     are regulatory differences in different
                                                    indicating that there is mixing and gene                fishery exists in Iceland and off East                parts of its range, when evaluated as
                                                    flow across the range. This is likely                   Greenland, where survey numbers have                  described further below in the
                                                    made possible by the continuous                         remained stable since 2000 (ICES 2015).               Inadequacy of Existing Regulatory
                                                    distribution and depth range of the                     With populations within the Northeast                 Mechanisms section, these regulatory
                                                    species, as there are no known physical                 Atlantic currently considered stable                  mechanisms are adequate and the
                                                    barriers to migration. Morphological                    (ICES 2015), existing regulatory                      effects on thorny skates are similar.
                                                    differences in thorny skate populations                 measures appear sufficient to control                 These mechanisms include regulating
                                                    are limited to body size and age at                     fishing mortality within this region.                 directed catch and bycatch, and result
                                                    maturity. Comparisons of individuals of                 Iceland reported 1,625 mt of thorny                   in effective management of the harvest
                                                    different sizes from two sites in the Gulf              skate landings in 2014. A 2016 EU                     of thorny skates throughout their range.
                                                    of Maine and two sites in Canadian                      regulation prohibits thorny skate
                                                    waters found no significant genetic                                                                              In summary, thorny skates rangewide
                                                                                                            landing for EU waters of ICES divisions
                                                    differences (Tsang et al., 2008).                       IIa, IIIa and VIId and ICES subarea IV                exhibit genetic continuity between the
                                                    Comparison of ‘‘late maturing’’ skates                  Subareas II and IV and Division IIIa                  Northwest and Northeast Atlantic
                                                    collected mostly north of Newfoundland                  (Norwegian Sea, North Sea, Skagerrak,                 through a high degree of diversity in the
                                                    and ‘‘early maturing’’ skates collected                 and Kattegat), based on ICES advice that              center of their range, a lack of
                                                    within Canadian waters south of                         a precautionary approach dictates no                  significant differences in control of
                                                    Newfoundland also found no significant                  targeted fishing and measures to reduce               exploitation, management of habitat,
                                                    genetic differences (Lynghammar et al.,                 bycatch. ICES advice for this species                 conservation status, or regulatory
                                                    2014).                                                  west of the UK is currently pending.                  mechanisms across international
                                                       Thorny skates are habitat generalists.                  Within U.S. waters, thorny skates are              borders. We have determined that
                                                    None of the populations appear to occur                 managed under the Magnuson-Stevens                    neither thorny skates in the United
                                                    in an ecological setting unusual or                     Fishery Conservation and Management                   States nor thorny skates in the
                                                    unique for the taxon. Thorny skates are                 Act (MSA). Landings of thorny skates                  Northwest Atlantic are discrete from
                                                    well distributed throughout the                         within U.S. waters were unregulated                   thorny skates throughout the rest of the
                                                    Atlantic; there is no population that                   until 2003 when the New England                       North Atlantic.
                                                    represents the only surviving natural                   Fishery Management Council (NEFMC)                       The workshop participants provided
                                                    occurrence of the taxon. Thorny skates                  established a Fishery Management Plan                 their individual expert opinions
                                                    do not exist as an introduced population                (FMP) for the skate complex. In 2003,                 regarding the best available information
                                                    outside their historical range.                         the stock was deemed ‘‘overfished’’ and
                                                       A population can be determined to be                                                                       related to the discreteness criterion for
                                                                                                            a landing prohibition was put in place,
                                                    discrete if it is delimited by                                                                                thorny skates. Upon our review of their
                                                                                                            requiring all catch of thorny skates to be
                                                    international governmental boundaries                                                                         individual analyses and the DPS policy,
                                                                                                            discarded at sea. Compliance with the
                                                    within which differences in control of                                                                        we have concluded that there are no
                                                                                                            prohibition against landing thorny and
                                                    exploitation, management of habitat,                    other skates is examined via port                     populations of the thorny skate that are
                                                    conservation status, or regulatory                      sampling. While thorny skates are still               discrete. Because we do not find any
                                                    mechanisms exist that are significant in                considered overfished within the United               populations that are discrete, we do not
                                                    light of section 4(a)(1)(D) of the ESA. A               States, overfishing is no longer                      go on to the second element of the DPS
                                                    directed fishery for thorny skates is                                                                         criteria (significance). Therefore, none
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            occurring (NEFMC 2009), indicating
                                                    permitted in the central portion of the                 that fishery management measures are                  of the segments suggested by the
                                                    species’ range comprising the area of the               successfully controlling fishing                      petitioners (i.e., Northwest Atlantic or
                                                    Grand Banks in Canadian waters, as                      mortality in those waters.                            United States) qualifies as a DPS.
                                                    well as Iceland and Greenland.                             Under the Fisheries Act, Canadian                  Because there are no DPSs of the thorny
                                                    Landings of thorny skates are prohibited                fisheries may take thorny skates as                   skate, the workshop participants next
                                                    in the extreme western (U.S.) and                       bycatch in other fisheries, and a small               provided their individual expert
                                                    eastern (U.K. eastward) portions of the                 directed fishery still operates on the                opinions regarding extinction risk
                                                    species’ range. In most shallow water                   Grand Banks. Available information                    rangewide for the thorny skate.


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                                                    11548                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    Assessment of Extinction Risk                           used a risk matrix method, described in               During the workshop, the participants
                                                       The ESA (section 3) defines                          detail by Wainwright and Kope (1999),                 provided their expert opinions for each
                                                    endangered species as ‘‘any species                     to organize and summarize the                         of the demographic risks, including
                                                    which is in danger of extinction                        professional judgement of a panel of                  considerations outlined in McElhany et
                                                    throughout all or a significant portion of              knowledgeable scientists. The approach                al. (2000) and the supporting data on
                                                    its range.’’ A threatened species is ‘‘any              of considering demographic risk factors               which it was based. Workshop
                                                    species which is likely to become an                    to help frame the consideration of                    participants were given the opportunity
                                                    endangered species within the                           extinction risk has been used in many                 to adjust their individual scores, if
                                                    foreseeable future throughout all or a                  of our status reviews (see http://                    desired, after the workshop. The scores
                                                                                                            www.nmfs.noaa.gov/pr/species for links                were then tallied, reviewed, and
                                                    significant portion of its range.’’ We
                                                                                                            to these reviews). In this approach, the              considered in our overall extinction risk
                                                    consider the best available information
                                                                                                            collective condition of individual                    determination. As noted above, this
                                                    and apply professional judgment in
                                                                                                            populations is considered at the species              scoring was carried out for the species
                                                    evaluating the level of risk faced by a
                                                                                                            level according to four demographic                   rangewide.
                                                    species in deciding whether the species
                                                                                                            viability factors: Abundance, growth                     Each workshop participant also
                                                    is currently in danger of extinction
                                                                                                            rate/productivity, spatial structure/                 performed a threats assessment for the
                                                    throughout all or a significant portion of
                                                                                                            connectivity, and diversity.                          thorny skate by evaluating the impact
                                                    its range (endangered) or likely to
                                                                                                            Connectivity refers to rates of exchange              that a particular threat was currently
                                                    become so in the foreseeable future
                                                                                                            among populations of organisms. These                 having on the extinction risk of the
                                                    (threatened). We evaluate both                          viability factors reflect concepts that are
                                                    demographic risks, such as low                                                                                species. Threats considered included
                                                                                                            well founded in conservation biology                  habitat destruction, modification, or
                                                    abundance and productivity, and threats                 and that individually and collectively
                                                    to the species, including those related to                                                                    curtailment; overutilization; disease or
                                                                                                            provide strong indicators of extinction               predation; inadequacy of existing
                                                    the factors specified by the ESA sections               risk.
                                                    4(a)(1)(A)–(E).                                                                                               regulatory mechanisms; and other
                                                                                                               Using these concepts, the workshop
                                                                                                                                                                  natural or manmade threats, because
                                                    Methods                                                 participants each evaluated
                                                                                                                                                                  these are the five factors identified in
                                                                                                            demographic risks by individually
                                                       As described above, we convened a                                                                          section 4(a)(1) of the ESA. Workshop
                                                                                                            assigning a risk score to each of the four
                                                    workshop of invited experts to provide                                                                        participants each ranked the threats for
                                                                                                            demographic criteria (abundance,
                                                    individual input regarding extinction                   growth rate/productivity, spatial                     the thorny skate at a range-wide scale.
                                                    risk to the species. This section                       structure/connectivity, diversity). The               The workshop participants used the
                                                    discusses the methods used to evaluate                  scoring for the demographic risk criteria             ‘‘likelihood point’’ (FEMAT) method to
                                                    demographic factors, threats, and                       corresponded to the following values:                 allow individuals to express uncertainty
                                                    overall extinction risk to the species                  1—very low risk, 2—low risk, 3—                       in determining the contribution to
                                                    now and in the foreseeable future. For                  moderate risk, 4—high risk, and 5—very                extinction risk of each threat to the
                                                    this assessment, the term ‘‘foreseeable                 high risk. A demographic factor (or                   species. Each workshop participant was
                                                    future’’ was defined as 40 years. The                   viable population descriptor) was                     allotted five likelihood points to rank
                                                    workshop participants reviewed other                    ranked very low if it was unlikely that               each threat. Workshop participants
                                                    comparable assessments (which used                      this descriptor contributed significantly             individually ranked the severity of each
                                                    generation times of either one or two                   to risk of extinction, either by itself or            threat through the allocation of these
                                                    generations) and provided their expert                  in combination with other viable                      five likelihood points across five
                                                    opinions on the appropriate timeframe                   population descriptors. A factor was                  ranking criteria ranging from a score of
                                                    for the thorny skate. Each of the                       ranked low risk if it was unlikely that               ‘‘very low contribution’’ to ‘‘very high
                                                    workshop participants considered                        this descriptor contributed significantly             contribution.’’ The scoring for the
                                                    thorny skate generation time (16 years),                to long-term or near future risk of                   threats correspond to the following
                                                    the ability to predict population trends,               extinction by itself, but there was some              values: 1—very low contribution, 2—
                                                    climate-modeling predictions, and the                   concern that it may, in combination                   low contribution, 3—moderate
                                                    time for management actions to be                       with other viable population                          contribution, 4—high contribution, and
                                                    realized and reflected in abundance                     descriptors. A factor was ranked                      5—very high contribution. A threat was
                                                    trends when considering a foreseeable                   moderate risk if this descriptor                      given a rank of very low if it is unlikely
                                                    future timeline. The individual                         contributed significantly to long-term                that this threat contributes significantly
                                                    workshop participants determined that,                  risk of extinction, but did not in itself             to risk of extinction, either by itself or
                                                    for the thorny skate, there was                         constitute a danger of extinction in the              in combination with other threats. That
                                                    reasonable confidence across this time-                 near future. A factor was ranked high                 is, it is unlikely that the threat will have
                                                    period (40 years) that the information on               risk if this descriptor contributed                   population-level impacts that reduce the
                                                    threats and management is accurate. We                  significantly to long-term risk of                    viability of the species. A threat was
                                                    agree that, because of the factors listed               extinction and was likely to contribute               ranked as low contribution if it is
                                                    above, this is a reasonable definition of               to short-term risk of extinction in the               unlikely that this threat contributes
                                                    ‘‘foreseeable future’’ for the thorny                   near future, and a factor was ranked                  significantly to long-term or near future
                                                    skate, and we use the same definition                   very high risk if this descriptor by itself           risk of extinction by itself, but there is
                                                    here.                                                                                                         some concern that it may, in
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                                                                                                            indicated danger of extinction in the
                                                       Often the ability to measure or                      near future.                                          combination with other threats. A threat
                                                    document risk factors is limited, and                      Each workshop participant scored                   was ranked as medium contribution if
                                                    information is not quantitative or very                 each demographic factor individually.                 this threat contributes significantly to
                                                    often is lacking altogether. Therefore, in              Each workshop participant identified                  long-term risk of extinction, but does
                                                    assessing risk, it is important to include              other demographic factors and/or                      not in itself constitute a danger of
                                                    both qualitative and quantitative                       threats that would work in combination                extinction in the near future. A threat
                                                    information. In previous NMFS status                    with factors ranked in the higher                     was ranked high contribution if this
                                                    reviews, Biological Review Teams have                   categories to increase risk to the species.           threat contributes significantly to long-


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                           11549

                                                    term risk of extinction and is likely to                thorny skate. The results of the                      imminent and substantial demographic
                                                    contribute to short-term risk of                        demographic risks analysis and threats                risks.’’
                                                    extinction in the near future. Finally, a               assessment, described below, informed                    The workshop participants adopted
                                                    threat was ranked very high                             this ranking. For this analysis, the                  the ‘‘likelihood point’’ method for
                                                    contribution if the threat by itself                    workshop participants used three levels               ranking the overall risk of extinction to
                                                    indicates a danger of extinction in the                 of extinction risk, consistent with the               allow individual workshop participants
                                                    near future. Detailed definitions of the                NMFS (2016) listing guidance: Low risk,               to express uncertainty. For this
                                                    risk scores can be found in the status                  moderate risk, and high risk. Low risk                approach, each workshop participant
                                                    review report (NMFS 2017).                              was defined as: ‘‘A species or DPS is at              distributed 10 ‘likelihood points’ among
                                                       Similar to the demographic                           low risk of extinction if it is not at                the extinction risk categories (that is,
                                                    parameters, the workshop participants                   moderate or high level of extinction risk             each workshop participant had 10
                                                    were asked to identify other threat(s)                  (see ‘‘Moderate risk’’ and ‘‘High risk’’).            points to distribute among the three
                                                    and/or demographic factor(s) that may                   A species or DPS may be at low risk of                extinction risk categories). Uncertainty
                                                    interact to increase the species’                                                                             is expressed by assigning points to
                                                                                                            extinction if it is not facing threats that
                                                    extinction risk. The workshop                                                                                 different risk categories. For example, a
                                                                                                            result in declining trends in abundance,
                                                    participants also considered the ranking                                                                      workshop participant would assign all
                                                                                                            productivity, spatial structure, or
                                                    with respect to the interactions with                                                                         10 points to the ‘low risk’ category if he/
                                                    other factors and threats. For example,                 diversity. A species or DPS at low risk               she was certain that the definition for
                                                    workshop participants identified that                   of extinction is likely to show stable or             ‘low risk’ was met. However, he/she
                                                    threats due to the inadequacy of existing               increasing trends in abundance and                    might assign a small number of points
                                                    regulatory mechanisms may interact                      productivity with connected, diverse                  to the ‘moderate risk’ category and the
                                                    with the threat of overutilization and                  populations.’’ Moderate risk was                      majority to the ‘low risk’ category if
                                                    slow population growth rates (a                         defined as: ‘‘A species or DPS is at                  there was a low level of uncertainty
                                                    demographic factor) to increase the risk                moderate risk of extinction if it is on a             regarding the risk level. The more points
                                                    extinction.                                             trajectory that puts it at a high level of            assigned to one particular category, the
                                                       Workshop participants were asked to                  extinction risk in the foreseeable future             higher the level of certainty. This
                                                    rank the effect that the threat was                     (see description of ‘‘High risk’’). A                 approach has been used in previous
                                                    currently having on the extinction risk                 species or DPS may be at moderate risk                NMFS status reviews (e.g., Pacific
                                                    of the species. Each workshop                           of extinction due to projected threats or             salmon, Southern Resident killer whale,
                                                    participant could allocate all five                     declining trends in abundance,                        Puget Sound rockfish, Pacific herring,
                                                    likelihood points to one ranking                        productivity, spatial structure, or                   black abalone, and common thresher
                                                    criterion or distribute the likelihood                  diversity. The appropriate time horizon               shark) to structure the workshop
                                                    points across several ranking criteria to               for evaluating whether a species or DPS               participant’s thinking and express levels
                                                    account for any uncertainty. Each                       will be at high risk in the foreseeable               of uncertainty when assigning risk
                                                    individual workshop participant                         future depends on various case- and                   categories. Although this process helps
                                                    distributed the likelihood points as she/               species-specific factors. For example,                to integrate and summarize a large
                                                    he deemed appropriate with the                          the time horizon may reflect certain life             amount of diverse information, there is
                                                    condition that all five likelihood points               history characteristics (e.g., long                   no simple way to translate the risk
                                                    had to be used for each threat.                         generation time or late age-at-maturity)              matrix scores directly into a
                                                    Workshop participants also had the                      and may also reflect the time frame or                determination of overall extinction risk.
                                                    option of ranking the threat as ‘‘0’’ to                rate over which identified threats are                The workshop participant scores were
                                                    indicate that, in their opinion, there was              likely to impact the biological status of             tallied, discussed, and summarized by
                                                    insufficient data to assign a score, or                 the species or DPS (e.g., the rate of                 NMFS for the thorny skate rangewide.
                                                    ‘‘N/A’’ if in their opinion the threat was              disease spread). (The appropriate time                   The workshop participants did not
                                                    not relevant to the species either                      horizon is not limited to the period that             make recommendations as to whether
                                                    throughout its range or for individual                                                                        the species should be listed as
                                                                                                            status can be quantitatively modeled or
                                                    stock complexes. When a workshop                                                                              threatened or endangered. Rather, the
                                                                                                            predicted within predetermined limits
                                                    participant chose either N/A (Not                                                                             workshop participants drew scientific
                                                                                                            of statistical confidence. The biologist
                                                    Applicable) or 0 (Unknown) for a threat,                                                                      conclusions about the overall risk of
                                                    all five likelihood points had to be                    (or Team) should, to the extent possible,
                                                                                                                                                                  extinction faced by the thorny skate
                                                    assigned to that category only.                         clearly specify the time horizon over                 under present conditions and in the
                                                       During the group discussion, the                     which it has confidence in evaluating                 foreseeable future (as noted above,
                                                    workshop participants were asked to                     moderate risk.).’’ High Risk was defined              defined as 40 years) based on his/her
                                                    identify other threat(s) or demographic                 as: ‘‘A species or DPS with a high risk               evaluation of the species’ demographic
                                                    factor(s) that were interacting with the                of extinction is at or near a level of                risks and assessment of threats.
                                                    threats or demographic factors to                       abundance, productivity, spatial
                                                    increase the species’ extinction risk. As               structure, and/or diversity that places its           Evaluation of Demographic Risks
                                                    scores were provided by individual                      continued persistence in question. The                   Abundance: The workshop
                                                    workshop participants, each individual                  demographics of a species or DPS at                   participants individually evaluated the
                                                    stated his or her expert opinion                        such a high level of risk may be highly               available thorny skate abundance
                                                    regarding each of the threats, and the                  uncertain and strongly influenced by                  information, which is summarized in
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    supporting data on which it was based.                  stochastic or depensatory processes.                  the Abundance section of the listing
                                                    We considered these along with the                      Similarly, a species or DPS may be at                 determination. Several workshop
                                                    demographic scores in our overall risk                  high risk of extinction if it faces clear             participants noted that the available
                                                    assessment.                                             and present threats (e.g., confinement to             information indicated thorny skate
                                                       The workshop participants were then                  a small geographic area; imminent                     abundance had declined significantly
                                                    asked to use their informed professional                destruction, modification, or                         from historical levels in certain parts of
                                                    judgment to individually qualitatively                  curtailment of its habitat; or disease                its range. However, in all regions where
                                                    score overall extinction risk for the                   epidemic) that are likely to create                   abundance trends and/or indicators are


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                                                    11550                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    available, declines appear to have been                 highest genetic diversity amongst skate               Gulf Stream in deeper offshore waters
                                                    halted, and increases in abundance were                 species, and there is reproductive                    brings warmer, saltier water up from the
                                                    apparent in some regions. Further                       connectivity along a continuum                        south (Saba et al., 2015). The range of
                                                    declines are unlikely due to improved                   rangewide. Therefore, genetic diversity               the thorny skate covers both of these
                                                    management. Abundance estimates from                    appears to be sufficiently high and not               currents and the mixing zone; thorny
                                                    the Northwest Atlantic are currently in                 indicative of isolated or depleted                    skates are able to occur throughout this
                                                    the millions of individuals, even where                 populations. The thorny skate does not                area due to their tolerance of different
                                                    significant declines have occurred.                     appear to be at risk due to substantial               temperatures. This mixing zone makes it
                                                    There is no evidence of depensatory                     changes or loss of variation in life                  difficult to predict the impacts of
                                                    processes such as reduced likelihood of                 history traits, population demography,                climate change within the area,
                                                    finding a mate, and recruitment per                     morphology, behavior, or genetic                      although recent specific modeling
                                                    spawner has remained stable for thorny                  characteristics. The mean score we                    suggests that the Gulf of Maine will
                                                    skate. The mean score we calculated                     calculated based on the workshop                      warm nearly three times as fast as other
                                                    based on the workshop participants’                     participants’ individual scores                       areas from a predicted northward shift
                                                    individual scores corresponds to a very                 corresponds to a very low to low ranking              in the Gulf Stream (Saba et al., 2015).
                                                    low to low ranking rangewide, as this                   rangewide, as this factor is very unlikely            Recently, the Labrador Current has had
                                                    factor is unlikely to contribute                        to contribute significantly to the thorny             the opposite effect, decreasing salinity
                                                    significantly to the thorny skate’s risk of             skate’s risk of extinction.                           in the shallower parts of the Gulf of
                                                    extinction.                                                                                                   Maine and cooling temperatures on the
                                                       Growth rate/productivity: The                        Evaluation of Threats
                                                                                                                                                                  shelves (Townsend et al., 2010).
                                                    workshop participants individually                         The workshop participants identified               Overall, waters within the range of the
                                                    evaluated the available information on                  several threats in the low to moderate                thorny skate are expected to get warmer,
                                                    thorny skate life history traits as they                category for contribution to extinction               increase in salinity and decrease in pH
                                                    relate to this factor. As summarized in                 risk, including: Climate change,                      (Saba et al., 2015). In marine
                                                    the Reproduction, Growth, and                           manmade non-fishing habitat impacts,                  ecosystems, climate change impacts like
                                                    Demography section, thorny skates have                  commercial discards, commercial                       these are generally expected to push
                                                    low inherent productivity due to their                  landings, global and national climate                 species distributions northward
                                                    late age at maturity, low fecundity, slow               regulation, and inadequacy of existing                (Frumhoff et al., 2007), but possible
                                                    population growth rates, and long                       NAFO regulations. Both climate change                 effects on the thorny skate are unclear.
                                                    generation times (16 years). This low                   and global or national climate change
                                                                                                            regulations received the most likelihood                 In U.S. waters, the thorny skate has
                                                    productivity makes thorny skate
                                                                                                            points in the moderate contribution to                experienced a relatively high amount of
                                                    populations vulnerable to
                                                                                                            extinction risk category. Only one                    range contraction as measured during
                                                    overexploitation, and slow to recover
                                                                                                            threat, climate change, received                      NEFSC surveys. A small but statistically
                                                    from depletion. The mean score we
                                                                                                            likelihood points in the high                         significant northward shift in range, and
                                                    calculated based on the workshop
                                                                                                            contribution category, but the majority               increased concentration in deeper
                                                    participants’ scores corresponds to a low
                                                                                                            of points were in the low to moderate                 waters has been detected (Nye et al.,
                                                    to moderate ranking rangewide, as this
                                                                                                            category. We summarize the threats to                 2009). A possible explanation of the
                                                    factor is unlikely to contribute
                                                                                                            the thorny skate and provide the                      consistent, long-term decline of thorny
                                                    significantly to the thorny skate’s risk of
                                                    extinction.                                             workshop participants’ expert opinions                skates in the NEFSC trawl survey is
                                                       Spatial structure/connectivity: The                  on their degree of contribution to                    skates are shifting out of the survey area.
                                                    workshop participants individually                      extinction risk.                                      The shift in area occupied on the Grand
                                                    evaluated the available information on                     Habitat Destruction, Modification, or              Banks in Canada may also be a response
                                                    thorny skate spatial structure (tagging                 Curtailment: Workshop participants                    to climate change. In this area, skates
                                                    and genetics information) summarized                    individually evaluated the available                  have shifted to the warmer edge of the
                                                    in the Population section. The thorny                   information on habitat use and                        banks, avoiding the cooler temperatures
                                                    skate has a very broad range, including                 distributions of the thorny skate                     present on the center of the banks
                                                    across the entire North Atlantic Ocean.                 summarized in the status review report.               (Kulka and Miri 2003) created by the
                                                    The species is mobile, and some                         Overall, the thorny skate is a habitat                Labrador Current. The lack of skates
                                                    connectivity across the range is                        generalist in the marine environment,                 present in temperatures below 1 or 2° C
                                                    apparent from both tagging and genetics                 and not substantially dependent on any                supports this conclusion.
                                                    data. At the southern edges, there is an                particular habitat type. It occurs in                    There is no information regarding the
                                                    indication that a contraction or                        coastal and offshore waters, and is not               impacts of ocean acidification on the
                                                    northward shift may be occurring;                       dependent during any life stage on more               thorny skate. However, a study on the
                                                    however, recent surveys show an                         vulnerable estuarine habitats. Thorny                 sympatric little skate, Leucoraja
                                                    increase in abundance in the southern                   skate habitat use is influenced by                    erinacea, demonstrates that changes in
                                                    range in U.S. waters. The mean score we                 temperature and prey distributions, but               temperature and acidic concentration
                                                    calculated based on the workshop                        they have broad temperature tolerances                can result in complex effects on
                                                    participants’ individual scores                         and an opportunistic diet, making them                developmental time, body condition
                                                    corresponds to a very low to low ranking                less vulnerable to habitat destruction.               and survival in skate hatchlings (Di
                                                    rangewide, as this factor is very unlikely                 Within the Northwest Atlantic, the                 Santo 2015). There is currently no
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    to contribute significantly to the thorny               species’ range from Greenland south is                information available on how hypoxia
                                                    skate’s risk of extinction.                             a mixing zone for different currents. The             or changes in nutrient composition
                                                       Diversity: The workshop participants                 Labrador Current flows down the inner                 might impact the thorny skate. Given its
                                                    individually evaluated the available                    shelf, bringing cooler and fresher water              broad range, generalist feeding habits,
                                                    information on thorny skate diversity                   from the north, which flows down over                 and ability to move, localized areas of
                                                    summarized in the Population section.                   the ocean shelves, including the Grand                hypoxia or low prey availability are
                                                    The available genetics studies indicate                 Banks, Scotian Shelf, Georges Bank and                unlikely to have an impact at a species
                                                    that thorny skate populations have the                  into the Gulf of Maine. Meanwhile, the                level.


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                          11551

                                                       Since climate change impacts are                     response to climate change. This                      considered one of the primary threats to
                                                    expected to shift species distributions                 vulnerability analysis concluded that                 thorny skate populations. Significant
                                                    northward and impact species diversity,                 there was also a ‘‘high’’ chance of                   declines have been documented
                                                    recent studies have focused on the                      negative impacts and changes in species               throughout much of the thorny skate’s
                                                    impacts of climate change to fish                       distribution within its U.S. range. Both              range due to historical fishing pressure.
                                                    community assemblages, particularly on                  assessments used a similar variety of                 The most recent information suggests
                                                    species richness and diversity. Some                    species life history factors to produce a             that declines in several stocks have
                                                    impacts have been observed for                          species sensitivity score, but Hare et al.,           halted due to fishing restrictions
                                                    ‘‘coastal’’ or shallow water communities                (2016) used a larger variety of climate               (COSEWIC 2012; ICES 2015; Sosebee et
                                                    (<200 m/656 ft in depth) in the Gulf of                 factors including pH, salinity,                       al., in prep). Populations appear to be
                                                    St. Lawrence (Tamdrari et al., 2014) and                precipitation and ocean currents to                   stable or slowly increasing, with
                                                    Iceland (Stefansdottir et al., 2010). In                determine climate exposure, whereas                   millions of individuals remaining in the
                                                    both these studies, thorny skates were                  Stortini et al. (2015) looked only at                 Northwest Atlantic alone. Therefore,
                                                    found to associate more with the deeper                 mean temperature under different                      there appears to be a low likelihood of
                                                    water fish assemblages, which had only                  warming scenarios.                                    further population declines because of
                                                    minor, if any, impacts from climate                        While thorny skates in U.S. waters are             stabilization observed after management
                                                    change.                                                 at high risk for being impacted by                    actions were put into place. The mean
                                                       There is some evidence that suggests                 climate change (likely to manifest as                 score we calculated based on the
                                                    the species is shifting to deeper waters.               loss of cold water habitat in U.S.                    workshop participants’ individual
                                                    Thorny skates comprised 7.97 percent of                 waters), the best available information               scores corresponds to a very low or low
                                                    fish in the ‘‘coastal’’ species assemblage              indicates that throughout most of the                 ranking for all threats in this category,
                                                    (<200m) in the early 1990s and only                     range, the generalist habitat                         with the commercial landings and
                                                    5.58 percent on average from 2004–2010                  requirements of the thorny skate will                 commercial discards receiving mean
                                                    in the Gulf of St. Lawrence. In the                     limit impacts of climate change. This                 scores of slightly higher than low
                                                    deeper species assemblage (≤200m) they                  conclusion is supported by studies on                 contributions to overall extinction risk.
                                                    went from 3.71 percent in the early                     species diversity that indicate impacts                  Thorny skates were and are taken as
                                                    1990s to 4.52 percent averaged from                     to species assemblages have not yet                   bycatch by fisheries throughout their
                                                    2004–2010 (Tamdrari et al., 2014). This                 occurred on communities including the                 range, including those in the North Sea,
                                                    is a relatively small change for both                   thorny skate, due to its depth                        Barents Sea, Gulf of St. Lawrence and
                                                    depths when compared to change for                      preferences (Stefansdottir et al., 2010,              on the Canadian and U.S. continental
                                                    other species, representing half as much                Tamdarai et al., 2015). In addition,                  shelves. Targeted fisheries, particularly
                                                    decrease in the coastal assemblage as                   modeling predicts a less than 10 percent              by foreign fleets including those of
                                                    redfish (Sebastes spp.) and an order of                 loss of thermally appropriate habitat                 Spain, Portugal and Russia, developed
                                                    magnitude less than the decrease in                     before 2030 in U.S. waters, but almost                in the 1990s (COSEWIC 2012; Sosebee
                                                    Atlantic cod (Gadus morhua).                            no habitat loss before 2030 in Canadian               et al., in prep). The fishery for thorny
                                                    Additionally, thorny skates were most                   waters (Shackell et al., 2014). A ten                 skates was largely unregulated in the
                                                    abundant between 100 and 350 m of                       percent loss is expected in Canada and                Northwest Atlantic until the 2000s
                                                    depth before climate change became                      up to 25 percent loss in U.S. waters may              (COSEWIC 2012). Currently, small
                                                    apparent (McEachran and Musick 1975),                   occur before 2060 (Shackell et al., 2014).            fisheries exist in the North Sea (Piet et
                                                    and this remains the case in modern                     Although the risk may be high that                    al., 2009) and on the Grand Banks in
                                                    surveys (Packer et al., 2003; COSEWIC                   thorny skates will shift their                        Canada (Simpson et al., 2016), which is,
                                                    2012), though depths in the fall range                  distribution out of Northeast U.S. waters             as mentioned earlier, the first regulated
                                                    up to 500 m in U.S. waters (Packer et                   due to warming ocean conditions (Hare                 skate fishery in international waters.
                                                    al., 2003).                                             et al., 2016), the species would have the             Since 2003, U.S. vessels have been
                                                       Recent climate vulnerability analyses                ability to persist in adjacent regions                prohibited from possessing or landing
                                                    have been performed for fish species in                 with more suitable habitat.                           thorny skates (NEFMC 2009). While
                                                    the Northeast United States and for fish                   Ocean temperature changes due to                   directed fisheries on the species are
                                                    assemblages on the Scotian Shelf in                     climate change may be contributing to a               currently limited, thorny skates
                                                    Canada. Despite having similar                          contraction of the thorny skate’s range at            continue to be taken as bycatch and
                                                    methodologies, these studies came to                    its southern edges. Thorny skates appear              discarded in commercial fisheries
                                                    different conclusions regarding the                     to have comparatively low exposure to                 within their range.
                                                    vulnerability of thorny skates to climate               potentially harmful pollutants, and
                                                    change. Stortini et al. (2015) rated the                there is no information suggesting their              U.S. Fisheries Catch and Bycatch
                                                    vulnerability of the thorny skate on the                individual fitness or populations are                   Total landings for all skate species
                                                    Scotian shelf as ‘‘low.’’ This study                    threatened by pollution. The mean score               within U.S. waters reached 9,462 mt in
                                                    scaled the estimated vulnerability                      we calculated based on the workshop                   1969 and declined after that, reaching a
                                                    relative to thirty-two other species                    participants’ individual scores indicates             low of 847 mt in 1981 (Sosebee et al.,
                                                    found on the Scotian Shelf; therefore,                  that climate change and non-fishing                   in prep). Skate landings increased
                                                    the ‘‘low’’ vulnerability rating is in                  related modifications to habitat (e.g.                substantially after that time period for
                                                    relation to other species in that location.             drilling, offshore windfarm                           lobster bait and export, rising to a high
                                                       Hare et al. (2016) rated this species as             construction) present a low to moderate               of 20,342 mt in 2007 (Sosebee et al., in
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    having a ‘‘high’’ biological sensitivity                contribution to extinction risk.                      prep). Estimated total catch of thorny
                                                    and climate exposure likelihood off the                    Overutilization: The workshop                      skates has declined from over 5,000 mt
                                                    Northeast United States, on a scale of                  participants individually evaluated the               in the late 1960s and early 1970s to
                                                    ‘‘low’’ to ‘‘very high.’’ In this effort,               available information on fishing                      about 200–300 mt in recent years
                                                    vulnerability was equated to the                        mortality and abundance trends of                     (Sosebee et al., in prep). Thorny skates
                                                    likelihood of the species experiencing                  thorny skate summarized in the status                 make up a small overall portion of skate
                                                    either reduced productivity or shifting                 review report. Overutilization for                    catch, particularly in comparison to
                                                    its distribution out of the region in                   commercial purposes was once                          winter and little skates. Most of the


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                                                    11552                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    early catch (1969–1989) was from otter                  means any thorny skates caught within                 remained around 5 percent (Simpson et
                                                    trawl discards, while landings                          U.S. waters must be discarded at sea.                 al., 2016). Since 1985, fishing mortality
                                                    dominated from 1990 to present                            Estimated thorny skate discards are                 within 3Ps was relatively constant,
                                                    (Sosebee et at., in prep). Discards from                low relative to other skates (Sosebee et              below 5 percent for most years
                                                    scallop dredges increased in proportion                 al., in prep). Landings and dead                      (Simpson et al., 2016).
                                                    to population estimates during the late                 discards have decreased in recent years
                                                                                                            (2007–2014) and total discards have                   Northeast Atlantic Fisheries and
                                                    1970s and again during the late 1990s                                                                         Bycatch
                                                    (Sosebee et al., in prep). While landings               stabilized or increased.
                                                    were generally low, catch of thorny                                                                              There is little directed fishing effort
                                                                                                            Canadian Fisheries and Bycatch                        on thorny skates across most of the
                                                    skates likely contributed to the decline
                                                    of the species over time.                                  Thorny skates comprise the majority                Northeast Atlantic, with a prohibition
                                                                                                            of skates caught in commercial fisheries              against landings currently in place in
                                                       In 2003, the NEFMC implemented a
                                                                                                            in Canada. The majority of thorny skate               European Union waters in the Barents
                                                    FMP for the seven skates present within
                                                                                                            catch comes from the coast of Labrador                Sea and east of the United Kingdom
                                                    the Gulf of Maine. The FMP prohibited
                                                                                                            and Newfoundland, including the                       (ICES 2015). There is a small fishery
                                                    landings of thorny skates as the stock
                                                                                                            Grand Banks area. This has ranged from                landing thorny skates from Iceland and
                                                    status was considered overfished
                                                                                                            a high of approximately 24,000 mt in                  Greenland. Landings here have
                                                    (NEFMC 2009). The limited information
                                                                                                            the early 1990s to current levels around              increased but still remain below 2,000
                                                    regarding species biomass required the
                                                                                                            6,000 mt. Relative fishing mortality has              mt, or about half that of Canada’s yearly
                                                    NEFSC to develop survey-based
                                                                                                            remained stable (1985- 2009) in this area             landings.
                                                    overfished and overfishing reference
                                                                                                            at approximately ten percent (COSEWIC                    The available information indicates
                                                    points for the thorny skate: ‘‘Thorny                   2012).                                                that current thorny skate populations
                                                    skate is in an overfished condition when                   Within the southern Gulf of St.                    are numerous in many areas and that
                                                    the three-year moving average of the                    Lawrence, estimated landings of thorny                area occupied is increasing. While the
                                                    autumn survey mean weight-per-tow is                    skates peaked in 1994 at approximately                portion of the population within the
                                                    less than one half of the 75th percentile               38 t, and have since decreased to an                  United States is not currently capable of
                                                    of the mean weight-per-tow observed in                  average 1–2.7 t over the period 2006–                 sustaining a fishery, fisheries for thorny
                                                    the autumn trawl survey from the                        2011(Benoit 2013). The thorny skate is                skates are well-controlled throughout
                                                    selected reference time series.                         the most common discarded skate                       the range. Fishing mortality relative to
                                                    Overfishing occurs when the three year                  species. On average, 490 t were                       biomass has decreased across the range
                                                    moving average of the autumn survey                     discarded in the early 1990s, this                    through time, and is currently rather
                                                    mean weight per tow declines 20% or                     dropped to 53.7 t on average over the                 low in most areas. The mean score we
                                                    more, or when the autumn survey mean                    period 2006 -2011 (Benoit 2013). While                calculated based on the workshop
                                                    weight per tow declines for three                       the majority of discards in the past came             participants’ individual scores indicate
                                                    consecutive years. The reference points                 from trawl fisheries, currently half are              that commercial landings across the
                                                    and selected time series may be re-                     from trawl and half from the gillnet                  range of the species present a low
                                                    specified through a peer reviewed                       fishery for Greenland halibut (Benoit                 contribution to extinction risk.
                                                    process and/or as updated stock                         2013). Overall fishing effort in this area               We have also considered the best
                                                    assessments are completed’’ (NEFMC                      has declined or remained stable since                 available information on the mortality
                                                    2009). The target biomass for thorny                    the 1990s (COSEWIC 2012).                             rates of thorny skates that are discarded
                                                    skates is currently set at 4.13 kg/tow and                 The only remaining directed fishery                (i.e., returned to the water alive after
                                                    the minimum biomass threshold at 2.06                   for the thorny skate is executed within               capture in fishing gear). Factors that
                                                    kg/tow. The most recent 3-year average                  the Grand Banks Area. This area is                    impact thorny skate discard survival in
                                                    remains below these figures at 0.17 kg/                 managed between two areas, 3Ps                        trawl fisheries include size, depth of
                                                    tow; however, this figure has remained                  directly south of Newfoundland and                    capture, difference in temperature
                                                    steady since 2011.                                      entirely within the Canadian Exclusive                between bottom and surface conditions
                                                       The MSA states: ‘‘A stock or stock                   Economic Zone (EEZ), and divisions                    (Benoit et al., 2013), duration of the tow
                                                    complex is considered ‘‘overfished’’                    3LNO, which comprise the outer banks,                 and degree of injury sustained during
                                                    when its biomass has declined below a                   some of which lies outside the Canadian               the capture event (Mandelman
                                                    level that jeopardizes the capacity of the              EEZ. Quota regulation within the EEZ                  et al., 2013). Skates can have an overall
                                                    stock or stock complex to produce                       was enacted in 1995 (Simpson et al.,                  high survival rate following discard,
                                                    Maximum Sustainable Yield (MSY) on a                    2014). In 2004, NAFO enacted quota                    with up to 20 percent mortality
                                                    continuing basis. MSY is defined as the                 regulation for the entire 3LNO area,                  predicted for trawl fisheries within the
                                                    largest long-term average catch or yield                making this the first regulated skate                 Gulf of St. Lawrence (Benoit, 2013).
                                                    that can be taken from a stock or stock                 fishery in the world in international                 Mandelman et al. (2013) studied the
                                                    complex.’’ The overfished/overfishing                   waters. The regulated areas include                   post-discard mortality of thorny skates
                                                    status of a stock is determined relative                areas within and outside the Canadian                 captured in trawl gear in the Gulf of
                                                    to its ability to produce continued yield               EEZ; 3Ps remained under Canada’s                      Maine. This study indicates that while
                                                    from a fishery. The overfished status of                quota system. For most years since the                72-hour post-discard mortality of a
                                                    thorny skates within the United States                  quotas were enacted, catch has                        sample of individuals retained in
                                                    means that fishing mortality rates                      remained well below the limits. Relative              captivity following cage trials was only
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    (including past landings and discards)                  fishing mortality within the Grand                    22 percent, the condition of many of the
                                                    have been too high, and caused the                      Banks has decreased over time. Within                 individual thorny skates was poor (52
                                                    population to decline below acceptable                  the 3LNO it increased from the late                   percent injury rate at time of capture;
                                                    levels. The stock must be rebuilt to                    1980s to a peak of 29 percent in 1997;                most with listless appearance and lack
                                                    biomass levels that can produce MSY                     then stabilized at approximately 17                   of vigor at the end of the 72-hour
                                                    for a fishery to be sustainable. The                    percent during 1998–2004 (Simpson et                  period) and 7-day mortality was 66
                                                    prohibition on harvest in U.S. waters is                al., 2016). In 2005, relative fishing                 percent. The authors note that the
                                                    expected to help the stock rebuild. This                mortality declined to 4 percent and has               species may be less resilient than


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                          11553

                                                    indicated by the 22 percent 72-hour                     predicted predation frequency ranging                 (McConnell et al., 1999, Schreer et al.,
                                                    mortality rate and cautions against the                 from 4 to 18 percent (Cox et al., 1999).              2001). The largest numbers of gray seals
                                                    use of the 22 percent mortality rate in                 It is unknown what the effect of this                 are found in the Gulf of St. Lawrence
                                                    management. The effects of captivity on                 predation may be, but it could                        and on Sable Island off the coast of
                                                    these mortality rates are unknown;                      contribute to a slower rate of rebuilding.            Nova Scotia, where they may impact
                                                    however, it is reasonable to expect that                   Skates, including thorny skates, are               skates on the Scotian Shelf. Smaller
                                                    captivity contributed to slightly higher                prey for a number of species: Flounder,               populations are found in coastal Nova
                                                    mortality rates. The available                          other skates, seabirds, marine mammals,               Scotia, Seal Island, Maine and on Cape
                                                    information indicates a low to moderate                 sharks, cod and other large demersal                  Cod, Massachusetts (Hamill et al.,
                                                    risk of mortality to a thorny skate once                fishes, with the last being the most                  2014). If gray seal predation is
                                                    it is captured (Benoit et al., 2013 and                 important (Morissette et al., 2006).                  contributing to thorny skate mortality,
                                                    Mandelman et al., 2013). The                            Overall mortality for small skates has                the impact is likely to be concentrated
                                                    elimination of most directed fisheries                  decreased while increasing for larger                 in the shallowest portions of the thorny
                                                    and reductions in catches are expected                  skates since the 1970s. Currently,                    skate range around major gray seal
                                                    to reduce overall fishing mortality,                    recruitment for smaller skates remains                population areas.
                                                    including discard mortality. It is also                 high in portions of the Canadian range                   Harp seals migrate to the Gulf of St.
                                                    important to note that post-discard                     (Benoit and Swain 2011; Swain et al.,                 Lawrence to whelp before returning to
                                                    mortality is considered in developing                   2013). Meanwhile, the numbers of large                Artic waters on the overlapping range of
                                                    fishing management policies for the                     fishes have decreased. Fishing pressure               thorny skate. They migrate along the
                                                    thorny skate in the United States.                      has also decreased, substantially in                  coast of Labrador and Greenland
                                                    Current management measures consider                    some regions, indicating sources of                   northward. Small numbers of harp seals
                                                    the available information on post-                      adult skate mortality may be natural.                 may remain year-round in southern
                                                    discard mortality. While overutilization                Marine mammal predation, particularly                 waters, with the majority living in the
                                                    had been a primary threat to the species,               by gray seals, has been suggested as an               Artic. Currently there is no evidence
                                                    fishing mortality is being managed                      increasing cause of mortality for some                that thorny skates comprise more than
                                                    throughout the species’ range. The                      locations (Swain et al., 2013).                       an incidental portion of the harp seal
                                                    available information indicates that                       Thorny skates are at least a minor                 diet. Harp seal reproductive rates
                                                    current thorny skate populations are                    source of prey for gray seals, composing              decreased in the latest assessment, with
                                                    numerous in many areas and that area                    up to 6 percent of their diet depending               8.3 million individuals estimated in
                                                    occupied is increasing. While the                       on age and season (Beck et al., 2007).                2008 and 7.7 million estimated in 2012
                                                    portion of the population within the                    Gray seal energy requirements are high                (DFO 2012). Harp seal predation on
                                                    United States is not currently capable of               enough that this predator may be                      thorny skates is likely stable or slightly
                                                    sustaining a fishery, fisheries for thorny              responsible for much of the natural                   decreasing and centered around
                                                    skates are well-controlled throughout                   mortality of adult thorny skates in some              whelping sites.
                                                    the range. Fishing mortality relative to                areas, despite the thorny skate being a                  Modeling indicates marine mammal
                                                    biomass has decreased across the range                  minor prey source (Swain et al., 2013,                predation may contribute to high
                                                    through time, and is currently low in                   Benoit et al., 2011). Energetics modeling             natural mortality of adult thorny skates
                                                    most areas. The mean score we                           has been found to explain a similar                   in some discrete areas, suppressing
                                                    calculated based on the workshop                        pattern of increased adult mortality in               recovery of their populations (DFO
                                                    participants’ individual scores indicates               other local species (Benoit et al., 2011).            2012). For now, high levels of
                                                    that commercial discards across the                     Further modeling work found a negative                recruitment in small skates are still
                                                    range of the species represent a low                    relationship between the gray seal index              evident despite this pressure. Recent
                                                    contribution to overall extinction risk.                and thorny skate numbers in the                       abundance of thorny skates has also
                                                       Disease and Predation: Workshop                      Southern Gulf of St. Lawrence. The harp               been stable in areas where marine
                                                    participants individually evaluated the                 seal index was more likely to explain                 mammal populations are centered. The
                                                    available information on disease and                    population trends in the Northwest                    recent population increase of gray seals
                                                    predation of thorny skates summarized                   portion of the Gulf. Predation by either              in U.S. waters and coinciding
                                                    in the status review report. Overall,                   species was not found to explain trends               stabilization of thorny skate abundance
                                                    there is minimal information available                  in thorny skate within the northeast                  indices suggests that seal predation was
                                                    with which to evaluate these threats. In                portion of the Gulf (Ouellet et al., 2016).           not likely responsible for thorny skate
                                                    general, thorny skates may be                              Predation by gray seals may have                   declines. The mean score we calculated
                                                    susceptible to diseases, but there is no                increased within the range of the thorny              based on the workshop participants’
                                                    evidence that disease has ever caused                   skate. Gray seal populations have                     individual scores indicates that
                                                    declines in populations. The mean score                 recovered during the same time period                 predation represents a very low
                                                    we calculated based on the workshop                     of decreasing mortality for small thorny              contribution to extinction risk, as it is
                                                    participants’ individual scores indicates               skates. Numbering only 15,000                         very unlikely that this threat contributes
                                                    that disease represents a very low                      individuals in the 1960s, the gray seal               or will contribute to the decline of the
                                                    contribution to overall extinction risk,                population increased to 350,000 by                    species.
                                                    as it is very unlikely that this threat                 2007. In 2014, the population estimate                   Inadequacy of Existing Regulatory
                                                    contributes or will contribute to the                   within the Canadian range and Gulf of                 Mechanisms: The workshop
                                                                                                            Maine had increased to 505,000 (Hamill                participants individually evaluated the
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    decline of the species.
                                                       Regarding predation, there is no                     et al. 2014). In addition, gray seals have            available information on fisheries
                                                    indication that this species would be                   been expanding their range and are now                management regulations and abundance
                                                    threatened by excessive predation                       present in small numbers as far south as              trends of the thorny skate summarized
                                                    pressure. Egg capsules for the species                  Southern New England (DiGiovanni Jr.                  in the status review report. The
                                                    are reportedly preyed upon by halibut,                  et al., 2016).                                        inadequacy of regulatory mechanisms to
                                                    Greenland shark and goosefish (Collette                    Gray seals stay mostly local (within               control the harvest of thorny skates was
                                                    and Klein-MacPhee 2002). Gastropods                     50 km) to haul-out sites and forage in                once considered a significant threat to
                                                    may also predate on egg cases, with a                   mostly shallow depths (∼100 m)                        their populations. Legal protections for


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                                                    11554                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    thorny skates vary between outright                     of Canada, yet still below historical                 summarized in the status review report.
                                                    prohibitions on landings in the United                  levels (COSEWIC 2012). Recruitment in                 Natural threats focused on the thorny
                                                    States and much of the Northeast                        this portion of the species’ range                    skate’s inherent biological vulnerability,
                                                    Atlantic, with limited fishing permitted                remains relatively high. Therefore,                   which is also reflected in the
                                                    in Canada and Iceland.                                  existing regulatory measures appear                   demographic factors described above.
                                                                                                            sufficient to control fishing mortality.              The species has low productivity
                                                    U.S. Regulations
                                                                                                                                                                  because of its life history characteristics
                                                       Within U.S. waters, thorny skates are                Northeast Atlantic Regulations
                                                                                                                                                                  and is vulnerable to exploitation and
                                                    managed under the MSA. Landings of                         There is a prohibition against landing             population perturbations. Populations
                                                    thorny skates within U.S. waters were                   thorny skates from European Union                     can be quickly depleted and take many
                                                    unregulated until 2003 when the                         waters in the Barents Sea and east of the             years to recover. However, their
                                                    NEFMC established an FMP for the                        United Kingdom (ICES 2015). A very                    mobility, high genetic diversity, and
                                                    skate complex. At that time, the stock                  small fishery exists in Iceland and off               generalist habitat and diet strategy
                                                    was deemed ‘‘overfished’’ and a landing                 East Greenland, where survey numbers                  contribute to a low risk of extinction.
                                                    prohibition was put in place, requiring                 have remained stable since 2000 (ICES                 The mean scores we calculated based on
                                                    all catch of thorny skates to be                        2015). With populations within the                    workshop participants’ individual
                                                    discarded at sea. At that time, the same                Northeast Atlantic currently considered               scores indicate that both manmade
                                                    prohibitions were put into place for the                stable (ICES 2015), existing regulatory               catastrophic events and stochastic
                                                    sympatric species, barndoor and smooth                  measures appear sufficient to control                 events represent very low contributions
                                                    skates, to help rebuild these stocks. The               fishing mortality within this region.                 to extinction risk because of the wide
                                                    skate complex FMP does still allow                      Iceland reported 1625 t of thorny skate               geographic distribution of the species.
                                                    catch of other skate species, and other                 landings in 2014. A 2016 EU regulation
                                                    fisheries may also catch thorny skates                  prohibits thorny skate landings in EU                 Summary of Demographic Factors and
                                                    but are likewise required to discard                    waters of ICES divisions IIa, IIIa and                Threats Affecting Thorny Skate
                                                    them.                                                   VIId and ICES subarea IV Subareas II                     Both demographic factors and threats
                                                       MSA regulations are enforced in U.S.                 and IV and Division IIIa (Norwegian                   were qualitatively ranked on a scale
                                                    waters by the U.S. Coast Guard, NOAA’s                  Sea, North Sea, Skagerrak, and Kattegat),             from very low to very high by the
                                                    Office of Law Enforcement and state                     based on ICES advice that a                           workshop participants (NMFS 2017). No
                                                    partners. Fishermen who do not comply                   precautionary approach dictates no                    demographic factors or threats were
                                                    with regulations established under the                  targeted fishing and measures to reduce               ranked high or very high. Abundance,
                                                    MSA are subject to fines and criminal                   bycatch. ICES advice for this species                 diversity and spatial structure/
                                                    penalties, depending on the severity of                 west of the UK is currently pending.                  connectivity were ranked very low to
                                                    the offense. Compliance with the                        Thorny skates taken from these EU                     low, and growth rate/productivity was
                                                    prohibition against landing thorny and                  waters are counted under a regional EU                ranked low to moderate risk. For the
                                                    other skates was examined via port                      skate quota that lacks a robust scientific            workshop participants’ threats
                                                    sampling. In 2005, 3.61 percent of skate                basis. EU limits on these species have                assessments, both climate change and
                                                    wing landings were identified as thorny                 been generally trending toward more                   global or national climate change
                                                    skate. In the years since, this declined                precautionary over the last decade.                   regulations received the most likelihood
                                                    rapidly with less than 1 percent of                        Legal protections for thorny skates                points in the moderate contribution to
                                                    wings identified as thorny skate in 2007,               vary between outright prohibitions on                 extinction risk category. Only one
                                                    and further declined to 0.01 percent in                 landings in the United States and much                threat, climate change, received
                                                    2012, indicating that compliance with                   of the Northeast Atlantic, with limited               likelihood points in the high
                                                    the discard regulations and                             fishing permitted in Canada and                       contribution category, though the
                                                    misidentifications or mislabeling is not                Iceland. While thorny skates are also a               majority of points were in the moderate
                                                    an issue in the United States (Curtis and               bycatch species within many fisheries,                contribution category. No threats
                                                    Sosebee 2015). While the thorny skate is                stable population numbers indicate                    considered by workshop participants
                                                    still considered overfished within the                  existing protections are sufficient                   were given an overall average score of
                                                    United States, overfishing is no longer                 through its range. The mean score we                  medium, high or very high
                                                    occurring (NEFMC 2009), indicating                      calculated based on workshop                          contributions to extinction risk of
                                                    that fishery management measures are                    participants’ individual scores for both              thorny skate. All workshop participants
                                                    successfully controlling fishing                        global/national climate change                        placed their individual point allocations
                                                    mortality in those waters.                              regulations and NAFO fishing                          in the very low contribution to
                                                                                                            regulations indicate that inadequacy of               extinction risk category for the
                                                    Canadian Regulations                                                                                          following threats: Recreational fishing,
                                                                                                            these regulations represents a low to
                                                       Under the Fisheries Act, Canadian                    moderate contribution to extinction                   recreational discards, educational
                                                    fisheries may take thorny skates as                     risk. However, workshop participants                  collection, and stochastic events.
                                                    bycatch in other fisheries, and a small,                also noted uncertainty related to other                  The only demographic factor ranked
                                                    directed fishery still operates on the                  global or national environmental                      above low was growth rate/productivity
                                                    Grand Banks. Available information                      regulations in this category because                  (low to moderate risk). The thorny
                                                    suggests that catch is well below the                   there is more uncertainty in their                    skate’s life history traits make the
                                                    total allowable catch limits as set by                                                                        populations vulnerable to threats and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            effectiveness to result in protections for
                                                    NAFO and Canada, indicating fishing                     marine ecosystems.                                    slow to recover from depletion. Once we
                                                    mortality is controlled (Simpson et al.,                                                                      compiled the individual workshop
                                                    2016). The Scotian shelf has been closed                Other Natural or Manmade Factors                      participant scores and calculated the
                                                    to directed fishery for skates (thorny and              Affecting the Thorny Skate’s Continued                mean score, only six threats were
                                                    winter) since the early 2000s. In                       Existence                                             ranked in the low to moderate category,
                                                    addition to compliance with catch                         The workshop participants                           all others were in the very low to low
                                                    limits, thorny skate abundance has been                 individually evaluated the available                  categories. The threats ranked low to
                                                    stable on the Grand Banks and the rest                  information on other potential threats as             moderate included: Climate change,


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                          11555

                                                    manmade non-fishing habitat impacts,                    threats to its populations continue to be             range that warrant further consideration.
                                                    commercial discards, commercial                         managed. We have no reason to believe                 The range of a species can theoretically
                                                    landings, global and national climate                   that these dominant threats will not                  be divided into portions in an infinite
                                                    regulation, and inadequacy of existing                  continue to be managed.                               number of ways. However, there is no
                                                    NAFO regulations. Fishing for thorny                       We have independently reviewed the                 purpose to analyzing portions of the
                                                    skates is managed throughout the                        best available scientific and commercial              range that are not reasonably likely to be
                                                    species’ range. Efforts to manage the                   information, including the status review              significant or in which a species may
                                                    harvest of the species include                          report (NMFS 2017) and other                          not be endangered or threatened. To
                                                    regulations put forth by the United                     published and unpublished                             identify only those portions that warrant
                                                    States, Canada, NAFO, and ICES,                         information. We conclude that the                     further consideration, we determine
                                                    though workshop participants expressed                  thorny skate is not in danger of                      whether there is substantial information
                                                    uncertainty in the adequacy of NAFO                     extinction or likely to become so in the              indicating that (1) the portions may be
                                                    regulation. Due to these recent                         foreseeable future throughout its range.              significant and (2) the species may be in
                                                    management efforts, thorny skate                        As described earlier, an endangered                   danger of extinction in those portions or
                                                    abundance has stabilized in the several                 species is ‘‘any species which is in                  likely to become so within the
                                                    regions (e.g., United States, South                     danger of extinction throughout all or a              foreseeable future. We emphasize that
                                                    Labrador Shelf, North Gulf of St.                       significant portion of its range’’ and a              answering these questions in the
                                                    Lawrence, Norway) and has increased in                  threatened species is one ‘‘which is                  affirmative is not a determination that
                                                    some waters (e.g. Grand Banks). Given                   likely to become an endangered species                the species is endangered or threatened
                                                    its life history traits, return to historical           within the foreseeable future throughout              throughout a significant portion of its
                                                    abundances may take decades, but                        all or a significant portion of its range.’’          range—rather, it is a step in determining
                                                    demographic risks are mostly low and                    The workshop participants individually                whether a more detailed analysis of the
                                                    significant threats have been reduced.                  ranked the demographic criteria and the               issue is required (79 FR 37578; July 1,
                                                                                                            five factors identified in the ESA,                   2014). Making this preliminary
                                                    Overall Risk Summary                                    completed an assessment of overall                    determination triggers a need for further
                                                       As described previously, the                         extinction risk, and each submitted his/              review, but does not prejudge whether
                                                    workshop participants used a                            her individual expert opinions to us. We              the portion actually meets these
                                                    ‘‘likelihood analysis’’ to evaluate the                 reviewed the results of the ERA and                   standards such that the species should
                                                    overall risk of extinction. Each                        concurred with the workshop                           be listed.
                                                    workshop participant had 10 likelihood                  participant’s individual expert opinions                 If this preliminary determination
                                                    points to distribute among the following                regarding extinction risk. We then                    identifies a particular portion or
                                                    overall extinction risk categories: Low                 applied the statutory definitions of                  portions for potential listing, those
                                                    risk, moderate risk or high risk.                       ‘‘threatened species’’ and ‘‘endangered               portions are then fully evaluated under
                                                       Overall, the mean scores we                          species’’ to the ERA results and other                the ‘‘significant portion of its range’’
                                                    calculated based on the workshop                        available information to determine if                 authority as to whether the portion is
                                                    participants’ individual scores indicate                listing the thorny skate was warranted.               both biologically significant and
                                                    that rangewide, thorny skates have a                       The mean scores we calculated based                endangered or threatened. In making a
                                                    93.3 percent likelihood of being at low                 on the ERA workshop participant scores                determination of significance, we
                                                    risk of extinction, 6.6 percent likelihood              indicate that the level of extinction risk            consider the contribution of the
                                                    of moderate risk of extinction, and 0                   to the thorny skate is low, with 93.3                 individuals in that portion to the
                                                    percent likelihood of high risk of                      percent of the workshop participants’                 viability of the species. That is, we
                                                    extinction.                                             likelihood points allocated to the ‘‘low              determine whether the portion’s
                                                       The mean scores we calculated based                  risk’’ category. The workshop                         contribution to the viability is so
                                                    on the workshop participants’                           participants allocated only 6.6 percent               important that, without the members in
                                                    individual scores indicate that, overall,               of their likelihood points to the                     that portion, the species would be in
                                                    the thorny skate is at low risk of                      ‘‘moderate extinction risk’’ category.                danger of extinction or likely to become
                                                    extinction. None of the workshop                        Given this low level of extinction risk,              so in the foreseeable future.
                                                    participants indicated that there was                   which is based on an evaluation of the                   The SPR policy further explains that,
                                                    any likelihood of the thorny skate                      contribution of the thorny skate’s                    depending on the particular facts of
                                                    having a high risk of extinction.                       demographic parameters and threats to                 each situation, we may find it is more
                                                    Additionally, there was very little                     extinction risk, we have determined that              efficient to address the significance
                                                    likelihood of a moderate risk of                        the thorny skate does not meet the                    issue first, but in other cases, it will
                                                    extinction (4 points out of 60 total).                  definition of an endangered or                        make more sense to examine the status
                                                       Thorny skates have been subjected to                 threatened species and, as such, listing              of the species in the potentially
                                                    considerable fishing pressure for many                  under the ESA is not warranted at this                significant portions first. Whichever
                                                    decades, but improved fisheries                         time.                                                 question is asked first, an affirmative
                                                    management efforts in recent years have                                                                       answer is required to proceed to the
                                                    reduced fishing mortality rates on                      Significant Portion of Its Range                      second question. Id. ‘‘[I]f we determine
                                                    thorny skate stocks, and populations are                   Though we find that the thorny skate               that a portion of the range is not
                                                    no longer declining. Return to historical               rangewide is not in danger of extinction              ‘significant,’ we will not need to
                                                    abundance may take decades, but                         now or in the foreseeable future, under               determine whether the species is
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    demographic risks are mostly low and                    the SPR Policy, we must go on to                      endangered or threatened there; if we
                                                    significant threats have been reduced.                  evaluate whether these species are in                 determine that the species is not
                                                    Based upon the available information                    danger of extinction, or likely to become             endangered or threatened in a portion of
                                                    summarized here, the mean scores we                     so in the foreseeable future, in a                    its range, we will not need to determine
                                                    calculated based on the workshop                        ‘‘significant portion of its range’’ (79 FR           if that portion is ‘significant’ ’’ (79 FR
                                                    participants’ individual scores indicate                37578; July 1, 2014).                                 37587). Thus, if the answer to the first
                                                    that the thorny skate has a low risk of                    When we conduct an SPR analysis,                   question is negative—whether it
                                                    extinction, assuming the dominant                       we first identify any portions of the                 addresses the significance question or


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                                                    11556                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    the status question—then the analysis                   moderate or high risk of extinction due               Atlantic or the Northeast Atlantic
                                                    concludes, and listing is not warranted.                to its inability to provide important                 portion represent a significant portion of
                                                       As described previously, we                          ecological functions throughout its life-             the species’ range. One workshop
                                                    determined that there are no DPSs of the                cycle?                                                participant answered ‘‘yes’’ to two
                                                    thorny skate, and rangewide, the thorny                   • Without that portion, would the                   spatial distribution questions.
                                                    skate is at a low risk of extinction.                   abundance of the remainder of the                        Given estimates of 1.8 billion animals
                                                    Applying the SPR policy to the thorny                   species be so low that it would be at risk            in Northwest Atlantic waters, which
                                                    skate, we first evaluated whether there                 due to demographic stochasticity?                     represent 30–40 percent of the overall
                                                    is substantial information indicating                                                                         population, loss of the Northwest
                                                    that any portions of the species’ range                 Productivity
                                                                                                                                                                  Atlantic population would have a large
                                                    may be significant. After a review of the                  • Without that portion, would the                  impact on the species rangewide, but
                                                    best available information and invited                  average population growth rate of the                 would not put the species at a moderate
                                                    experts’ opinions, as described below,                  remainder of the species be below                     or high risk of extinction because of the
                                                    we find that the data do not indicate any               replacement such that it would be at                  remaining large population size and
                                                    portion of the thorny skate’s range as                  moderate or high risk of satisfying the               wide geographic distribution. When
                                                    being more significant than another.                    abundance conditions described above?                 considering productivity, the group
                                                    Thorny skates are distributed across the                   • Without that portion, would the                  noted that the average growth rate for
                                                    North Atlantic and have very few                        average population growth rate of the                 the species does not depend on the
                                                    restrictions governing their movements.                 remainder of the species be below                     growth rate in the Northwest Atlantic
                                                    Movements are restricted by depth and                   replacement such that it is unable to                 and vice versa for the Northeast Atlantic
                                                    temperature; however, there are no                      exploit requisite habitats/niches/etc. or             and that the areas do not exhibit source-
                                                    known gaps in suitable habitat, thus                    at risk due to depensatory processes                  sink dynamics. There was no evidence
                                                    allowing a continuous range. Because                    during any life-history stage?                        that without either area the average
                                                    the Northwest Atlantic and the                             • Without that portion, would the
                                                                                                                                                                  population growth rate of the remainder
                                                    Northeast Atlantic are the two largest                  remainder of the species exhibit trends
                                                                                                                                                                  of the species would drop below
                                                    portions of the species’ range, the                     or shifts in demographic or reproductive
                                                                                                                                                                  replacement, resulting in the population
                                                    workshop participants individually                      traits that portend declines in the per
                                                                                                                                                                  being unable to exploit requisite habitat,
                                                    considered the SPR questions related to                 capita growth rate, which pose a risk of
                                                                                                                                                                  nor was there any evidence that the
                                                    abundance, productivity, spatial                        satisfying any of the preceding
                                                    distribution, and diversity outlined in                                                                       remainder of the species would be at
                                                                                                            conditions?
                                                    the NMFS listing guidance. As                                                                                 risk due to depensatory processes.
                                                    explained below, we determined that                     Spatial Distribution                                  Regarding shifts in demographic or
                                                    neither the Northwest Atlantic nor the                    • Will the loss of one or more of the               reproductive traits, the group could not
                                                    Northeast Atlantic were significant                     portions significantly increase the risk              identify evidence that a decline in the
                                                    portions. Given that neither the                        of extinction to the species as a whole               Northwest Atlantic would result in a
                                                    Northwest Atlantic nor the Northeast                    by making the species more vulnerable                 decline in the Northeast Atlantic. Given
                                                    Atlantic represents a significant portion               to catastrophic events such as storms,                the large spatial distribution of the
                                                    of the range, we do not find that thorny                disease or temperature anomalies?                     thorny skate and the foreseeable future
                                                    skate in U.S. waters represent a                          • Will connectivity between portions                of 40 years, the group could not identify
                                                    significant portion of the range of the                 of the species’ range be maintained if a              a stochastic event that could impact the
                                                    thorny skate. The following questions                   portion is lost (e.g., does the loss of one           entire Northwest Atlantic or Northeast
                                                    related to significance of portions were                portion of the range of the species create            Atlantic distribution of the thorny skate.
                                                    considered:                                             isolated groups or populations?)?                     There is no information to suggest that
                                                                                                              • Are there particular habitat types                loss of any portion would severely
                                                    Abundance                                               that the species occupies that are only               fragment and isolate the species to the
                                                       • Without that portion, would the                    found in certain portions of the species’             point where individuals would be
                                                    level of abundance of the remainder of                  range? If so, would these habitat types               precluded from moving to suitable
                                                    the species cause the species to be at                  be accessible if a portion or portions of             habitats or have an increased
                                                    moderate or high risk of extinction due                 the range of the species are lost?                    vulnerability to threats. The loss of
                                                    to environmental variation or                             • Are threats to the species                        either the Northwest Atlantic
                                                    anthropogenic perturbations (of the                     concentrated in particular portions of                population or the Northeast Atlantic
                                                    patterns and magnitudes observed in the                 the species’ range and if so, do these                population would result in the loss of
                                                    past and expected in the future)?                       threats pose an increased risk of                     connectivity rangewide, given that it is
                                                       • Without that portion, would the                    extinction to those portions’                         a continuous population. However, loss
                                                    abundance of the remainder of the                       persistence?                                          of the Northwest Atlantic population
                                                    species be so low, or variability in                                                                          would not affect spatial connectivity of
                                                    abundance so high, that it would be at                  Diversity                                             the Northeast Atlantic population and
                                                    moderate or high risk of extinction due                    • Will unique genetic diversity be lost            vice versa. Some genetic differentiation
                                                    to depensatory processes?                               if a portion of the range of the species              is present between the Northwest and
                                                       • Without that portion, would                        is lost?                                              Northeast Atlantic, but the central
                                                    abundance of the remainder of the                          • Does the loss of this genetic                    portion of the range appears to bridge
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    species be so low that its genetic                      diversity pose an increased risk of                   diversity between these two areas. This
                                                    diversity would be at risk due to                       extinction to the species?                            is likely made possible by the
                                                    inbreeding depression, loss of genetic                     As described more fully in the status              continuous distribution and depth range
                                                    variation, or fixation of deleterious                   review report and below, the workshop                 of the species. There is no substantial
                                                    alleles?                                                participants individually answered                    evidence to indicate that the loss of
                                                       • Without that portion, would                        ‘‘no’’ to all of the abundance,                       genetic diversity from one portion of the
                                                    abundance of the remainder of the                       productivity and diversity questions                  species’ range would result in the
                                                    species be so low that it would be at                   related to whether the Northwest                      remaining populations lacking enough


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                                                                                  Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices                                           11557

                                                    genetic diversity to allow for                          in any part of the thorny skate’s range.              explained, we could not identify any
                                                    adaptations to changing environmental                   There is also no evidence of a portion                portion of the species’ range that met
                                                    conditions. Based on the best available                 that encompasses aspects that are                     both criteria of the SPR policy.
                                                    genetic research, thorny skates have the                important to specific life history stages,            Therefore, our determination set forth
                                                    highest genetic diversity out of 15                     but another portion that does not, where              below is based on a synthesis and
                                                    studied skate species (Lynghammar et                    loss of the former portion would                      integration of the foregoing information,
                                                    al., 2014), and the highest diversity                   severely impact the growth,                           factors and considerations, and their
                                                    occurs in waters near Iceland and                       reproduction, or survival of the entire               effects on the status of the species
                                                    Greenland. Due to the genetic diversity                 species. In other words, the viability of             throughout its range.
                                                    present in thorny skates across the                     the species does not appear to depend                    We conclude that the thorny skate is
                                                    species’ range, loss of either the                      on the productivity of the population or              not in danger of extinction, nor is it
                                                    Northeast Atlantic population or                        the environmental characteristics in any              likely to become so in the foreseeable
                                                    Northwest Atlantic population would                     one portion. It is important to note that             future throughout all or a significant
                                                    not present a significant increase in the               the overall distribution of the thorny                portion of its range. We summarize the
                                                    extinction risk to the species.                         skate is still uncertain. As better data              factors supporting this conclusion as
                                                      The petitioners identified the U.S.                   become available, the species’                        follows: (1) The species is broadly
                                                    population as a potential DPS. As noted                 distribution (and potentially significant             distributed over a large geographic range
                                                    above, this portion does not qualify as                 portions of its range) will become better             within the North Atlantic Ocean, with
                                                    a DPS. We considered whether U.S.                       resolved. However, at this time, there is             no barrier to dispersal; (2) genetic data
                                                    waters could be a significant portion of                no evidence to suggest that any specific              indicate that populations are not
                                                    the species’ range. However, due to the                 portion of the species’ range has                     isolated and that the species has high
                                                    workshop participants individual expert                 increased importance over another with                genetic diversity, (3) while the species
                                                    opinions related to abundance,                          respect to the species’ survival. We                  possesses life history characteristics that
                                                    productivity, spatial distribution, and                 reviewed the individual workshop                      increase its vulnerability to
                                                    diversity questions for the larger                      participants’ expert opinions and                     overutilization, overfishing is not
                                                    Northwest Atlantic and Northeast                        application of the SPR policy. We                     currently occurring within the range; (4)
                                                    Atlantic populations and our findings                   conclude that under the SPR policy, the               the best available information indicates
                                                    that neither of these constitute a                      preliminary determination that a                      that abundance and biomass has
                                                    significant portion of the species’ range,              portion of the species’ range may be                  stabilized rangewide and on the edge of
                                                    and given the United States represents                  both significant and endangered or                    the range in U.S. waters; (5) current
                                                    only a small portion of the global range                threatened has not been met. Therefore,               thorny skate populations are numerous
                                                    of the thorny skate, there is little                    listing the thorny skate based on it being            in many areas and the area occupied is
                                                    evidence for concluding that the U.S.                   threatened or endangered in a                         increasing; (6) while the current
                                                    population is significant to the entire                 significant portion of its range is not               population size has declined from
                                                    species under the SPR policy.                           warranted under the SPR policy.                       historical numbers, the population size
                                                    Furthermore, there is no indication that                                                                      is sufficient to maintain population
                                                    loss of the U.S. portion of the species’                Final Determination                                   viability into the foreseeable future and
                                                    range would result in a moderate or                        Section 4(b)(1) of the ESA requires                consists of at least millions of
                                                    high extinction risk to the global                      that listing determinations be based                  individuals; (7) a main threat to the
                                                    species. As was mentioned previously,                   solely on the best scientific and                     species is fishery-related mortality from
                                                    the available population and trend data                 commercial data available after                       incidental catch (bycatch); however,
                                                    do not indicate that past declines in the               conducting a review of the status of the              there are strict management measures in
                                                    United States have affected global                      species and taking into account those                 place to minimize this threat throughout
                                                    populations of thorny skate. Thus, the                  efforts, if any, being made by any state              the species’ range, and these measures
                                                    United States population would not                      or foreign nation, or political                       appear to be effective in addressing this
                                                    qualify as ‘‘significant’’ under the SPR                subdivisions thereof, to protect and                  threat as evidenced by stabilizing
                                                    Policy. Likewise, there is no substantial               conserve the species. We have                         numbers of thorny skates; (8) there is no
                                                    evidence to indicate that the loss of                   independently reviewed the best                       evidence that disease or predation is
                                                    genetic diversity from one portion of the               available scientific and commercial                   contributing to increasing the risk of
                                                    species’ range would result in the                      information, including the petition,                  extinction; and (9) there is no evidence
                                                    remaining populations lacking enough                    information submitted in response to                  that the species is currently suffering
                                                    genetic diversity to allow for                          the 90-day finding (80 FR 65175;                      from depensatory processes (such as
                                                    adaptations to changing environmental                   October 28, 2015), the status review                  reduced likelihood of finding a mate or
                                                    conditions. Similarly, there is no                      report (NMFS 2017), and other                         mate choice or diminished fertilization
                                                    information to suggest that loss of any                 published and unpublished information                 and recruitment success) or is at risk of
                                                    portion would severely fragment and                     cited herein, and we have consulted                   extinction due to environmental
                                                    isolate the species to the point where                  with species experts and individuals                  variation or anthropogenic
                                                    individuals would be precluded from                     familiar with the thorny skate. We                    perturbations.
                                                    moving to suitable habitats or have an                  identified no DPSs of the thorny skate                   Since the thorny skate is not in danger
                                                    increased vulnerability to threats. In                  and therefore considered the species                  of extinction throughout all or a
                                                                                                            rangewide. We considered each of the                  significant portion of its range or likely
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    other words, loss of any portion of its
                                                    range would not likely isolate the                      section 4(a)(1) factors to determine                  to become so within the foreseeable
                                                    species to the point where the                          whether any one of the factors                        future, it does not meet the definition of
                                                    remaining populations would be at risk                  contributed significantly to the                      a threatened species or an endangered
                                                    of extinction from demographic                          extinction risk of the species. We also               species. Therefore, the thorny skate does
                                                    processes.                                              considered the combination of those                   not warrant listing as threatened or
                                                      In summary, areas exhibiting source-                  factors to determine whether they                     endangered at this time.
                                                    sink dynamics, which could affect the                   collectively contributed significantly to                Thorny skates in the Atlantic Ocean
                                                    survival of the species, were not evident               extinction risk. As previously                        from West Greenland to New York were


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                                                    11558                         Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

                                                    identified as a NMFS ‘‘species of                       Airport, 207 Porter Street, Boston, MA                SUMMARY:   The Scientific and Statistical
                                                    concern’’ in 2006. A species of concern                 02128: (617) 657–5000.                                Committee (SSC) of the Mid-Atlantic
                                                    is one for which we have concerns                         Council address: New England                        Fishery Management Council (Council)
                                                    regarding status and threats but for                    Fishery Management Council, 50 Water                  will hold a meeting.
                                                    which insufficient information is                       Street, Mill 2, Newburyport, MA 01950.                DATES: The meeting will be held on
                                                    available to indicate a need to list the                FOR FURTHER INFORMATION CONTACT:                      Wednesday and Thursday, March 15–
                                                    species under the ESA. In identifying                   Thomas A. Nies, Executive Director,                   16, 2017, beginning at 1 p.m. on March
                                                    species of concern, we consider                         New England Fishery Management                        15 and conclude by 1 p.m. on March 16.
                                                    demographic and genetic diversity                       Council; telephone: (978) 465–0492.                   For agenda details, see SUPPLEMENTARY
                                                    concerns; abundance and productivity;                   SUPPLEMENTARY INFORMATION:                            INFORMATION.
                                                    distribution; life history characteristics
                                                                                                            Agenda                                                ADDRESSES: The meeting will at the
                                                    and threats to the species. Given the
                                                    information presented in the status                                                                           Royal Sonesta Harbor Court, 550 Light
                                                                                                              The New England Fishery
                                                    review report and the findings of this                                                                        Street, Baltimore, MD 21202; telephone:
                                                                                                            Management Council (Council) is
                                                    listing determination, we are removing                  conducting a peer review of the                       (410) 234–0550.
                                                    the thorny skate from the ‘‘species of                  Management Strategy Evaluation (MSE)                     Council address: Mid-Atlantic Fishery
                                                    concern’’ list.                                         of Atlantic Herring Acceptable                        Management Council, 800 N. State
                                                                                                            Biological Catch (ABC) Control Rules.                 Street, Suite 201, Dover, DE 19901;
                                                    References                                                                                                    telephone: (302) 674–2331 or on their
                                                                                                            Atlantic herring, predators, and
                                                      A complete list of all references cited               economic models were developed to                     Web site at www.mafmc.org.
                                                    herein is available upon request (see FOR               evaluate control rules and performance                FOR FURTHER INFORMATION CONTACT:
                                                    FURTHER INFORMATION CONTACT).                           metrics. Experts have been invited by                 Christopher M. Moore, Ph.D., Executive
                                                                                                            the Council to evaluate the MSE                       Director, Mid-Atlantic Fishery
                                                    Authority
                                                                                                            methods, data, and results. The panel                 Management Council, telephone: (302)
                                                      The authority for this action is the                  will evaluate whether the MSE is                      526–5255.
                                                    Endangered Species Act of 1973, as                      sufficient for the Council to use when                SUPPLEMENTARY INFORMATION: The
                                                    amended (16 U.S.C. 1531 et seq.).                       identifying and analyzing a range of                  purpose of this meeting is to make
                                                      Dated: February 21, 2017.                             ABC control rule alternatives in                      multi-year ABC recommendations for
                                                    Alan D. Risenhoover,                                    Amendment 8 to the Atlantic Herring                   golden and blueline tilefish based on
                                                    Acting Deputy Assistant Administrator for               Fishery Management Plan. This public                  updated stock assessment information
                                                    Regulatory Programs, National Marine                    meeting will have designated times on                 recently complied for both species. In
                                                    Fisheries Service.                                      the agenda when public comment is                     addition, topics to be discussed include
                                                    [FR Doc. 2017–03644 Filed 2–23–17; 8:45 am]             welcome.                                              the NEFSC Ecosystem Status Report,
                                                    BILLING CODE 3510–22–P                                  Special Accommodations                                SSC OFL CV Progress Report, MRIP
                                                                                                                                                                  Evaluation Report and establishing
                                                                                                              This meeting is physically accessible               status determination criteria for chub
                                                    DEPARTMENT OF COMMERCE                                  to people with disabilities. Requests for             mackerel.
                                                                                                            sign language interpretation or other
                                                    National Oceanic and Atmospheric                        auxiliary aids should be directed to                  Special Accommodations
                                                    Administration                                          Thomas A. Nies, Executive Director, at                  These meetings are physically
                                                                                                            (978) 465–0492, at least 5 days prior to              accessible to people with disabilities.
                                                    RIN 0648–XF242
                                                                                                            the meeting date. This meeting will be                Requests for sign language
                                                    New England Fishery Management                          recorded. Consistent with 16 U.S.C.                   interpretation or other auxiliary aid
                                                    Council (NEFMC); Public Meeting                         1852, a copy of the recording is                      should be directed to M. Jan Saunders,
                                                                                                            available upon request.                               (302) 526–5251, at least 5 days prior to
                                                    AGENCY:  National Marine Fisheries
                                                                                                              Authority: 16 U.S.C. 1801 et seq.                   the meeting date.
                                                    Service (NMFS), National Oceanic and
                                                    Atmospheric Administration (NOAA),                        Dated: February 21, 2017.                             Dated: February 21, 2017.
                                                    Commerce.                                               Tracey L. Thompson,                                   Tracey L. Thompson,
                                                    ACTION: Notice; public meeting.                         Acting Deputy Director, Office of Sustainable         Acting Deputy Director, Office of Sustainable
                                                                                                            Fisheries, National Marine Fisheries Service.         Fisheries, National Marine Fisheries Service.
                                                    SUMMARY:   The New England Fishery                      [FR Doc. 2017–03642 Filed 2–23–17; 8:45 am]           [FR Doc. 2017–03658 Filed 2–23–17; 8:45 am]
                                                    Management Council (Council) is                         BILLING CODE 3510–22–P                                BILLING CODE 3510–22–P
                                                    scheduling a public meeting of its
                                                    NEFMC External Peer Review
                                                    Management Strategy Evaluation of                       DEPARTMENT OF COMMERCE                                DEPARTMENT OF COMMERCE
                                                    Atlantic Herring Acceptable Biological
                                                    Catch Control Rules from to consider                    National Oceanic and Atmospheric                      National Oceanic and Atmospheric
                                                    actions affecting New England fisheries                 Administration                                        Administration
                                                    in the exclusive economic zone (EEZ).                   RIN 0648–XF240
                                                    Recommendations from this group will                                                                          Proposed Information Collection;
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    be brought to the full Council for formal               Mid-Atlantic Fishery Management                       Comment Request; 3D Nation
                                                    consideration and action, if appropriate.               Council (MAFMC); Meeting                              Requirements and Benefits Elevation
                                                    DATES: This meeting will be held on                                                                           Data Study Questionnaire
                                                                                                            AGENCY:  National Marine Fisheries
                                                    Monday, March 13, 2017 through                                                                                AGENCY: National Oceanic and
                                                                                                            Service (NMFS), National Oceanic and
                                                    Wednesday, March 15 starting at 9 a.m.                                                                        Atmospheric Administration (NOAA),
                                                                                                            Atmospheric Administration (NOAA),
                                                    all three days.                                                                                               Commerce.
                                                                                                            Commerce.
                                                    ADDRESSES: The meeting will be held at
                                                                                                            ACTION: Notice; public meeting.                       ACTION: Notice.
                                                    the Embassy Suites, Boston Logan


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Document Created: 2017-02-24 01:17:03
Document Modified: 2017-02-24 01:17:03
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; 12-month finding and availability of status review document.
DatesThis finding was made on February 24, 2017.
ContactKim Damon-Randall, NMFS Greater Atlantic Regional Fisheries Office, 978-282-8485; or Marta Nammack, NMFS Office of Protected Resources, 301-427-8469.
FR Citation82 FR 11540 
RIN Number0648-XE16

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