82_FR_29067 82 FR 28946 - Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List 10 Species of Giant Clams as Threatened or Endangered Under the Endangered Species Act

82 FR 28946 - Endangered and Threatened Wildlife; 90-Day Finding on a Petition To List 10 Species of Giant Clams as Threatened or Endangered Under the Endangered Species Act

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 121 (June 26, 2017)

Page Range28946-28977
FR Document2017-13275

We, NMFS, announce our 90-day findings on a petition to list ten species of giant clam as endangered or threatened under the U.S. Endangered Species Act (ESA). We find that the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted for seven species (Hippopus hippopus, H. porcellanus, Tridacna costata, T. derasa, T. gigas, T. squamosa, and T. tevoroa). Accordingly, we will initiate status reviews of these seven giant clam species. To ensure that the status reviews are comprehensive, we are soliciting scientific and commercial information regarding these species. We find that the petition did not present substantial scientific or commercial information indicating that the petitioned action may be warranted for the other three petitioned giant clam species (T. crocea, T. maxima, or T. noae).

Federal Register, Volume 82 Issue 121 (Monday, June 26, 2017)
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Proposed Rules]
[Pages 28946-28977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13275]



[[Page 28945]]

Vol. 82

Monday,

No. 121

June 26, 2017

Part II





Department of Commerce





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National Oceanic and Atmospheric Administration





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50 CFR Parts 223 and 224





Endangered and Threatened Wildlife; 90-Day Finding on a Petition To 
List 10 Species of Giant Clams as Threatened or Endangered Under the 
Endangered Species Act; Proposed Rule

Federal Register / Vol. 82 , No. 121 / Monday, June 26, 2017 / 
Proposed Rules

[[Page 28946]]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[Docket No. 170117082-7082-01]
RIN 0648-XF174


Endangered and Threatened Wildlife; 90-Day Finding on a Petition 
To List 10 Species of Giant Clams as Threatened or Endangered Under the 
Endangered Species Act

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

ACTION: 90-day petition findings, request for information, and 
initiation of status review.

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SUMMARY: We, NMFS, announce our 90-day findings on a petition to list 
ten species of giant clam as endangered or threatened under the U.S. 
Endangered Species Act (ESA). We find that the petition presents 
substantial scientific or commercial information indicating that the 
petitioned action may be warranted for seven species (Hippopus 
hippopus, H. porcellanus, Tridacna costata, T. derasa, T. gigas, T. 
squamosa, and T. tevoroa). Accordingly, we will initiate status reviews 
of these seven giant clam species. To ensure that the status reviews 
are comprehensive, we are soliciting scientific and commercial 
information regarding these species. We find that the petition did not 
present substantial scientific or commercial information indicating 
that the petitioned action may be warranted for the other three 
petitioned giant clam species (T. crocea, T. maxima, or T. noae).

DATES: Information and comments on the subject action must be received 
by August 25, 2017.

ADDRESSES: You may submit comments, information, or data, by including 
``NOAA-NMFS-2017-0029'' by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0029, click the ``Comment Now'' icon, 
complete the required fields, and enter or attach your comments.
     Mail or hand-delivery: Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Attn: Lisa 
Manning.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post for public viewing on http://www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Lisa Manning, NMFS, Office of 
Protected Resources (301) 427-8403.

SUPPLEMENTARY INFORMATION:

Background

    On August 7, 2016, we received a petition from a private citizen, 
Dr. Dwayne W. Meadows, Ph.D., requesting that we list the Tridacninae 
giant clams (excluding Tridacna rosewateri) as endangered or threatened 
under the ESA. The ten species of giant clams considered in this 
finding are the eight Tridacna species, including: T. costata, T. 
crocea, T. derasa, T. gigas, T. maxima, T. noae, T. squamosa, and T. 
tevoroa (also known as T. mbalavauna); and the two Hippopus species: H. 
hippopus and H. porcellanus. The petitioner also requested that 
critical habitat be designated for Tridacninae species that occur in 
U.S. waters concurrent with final ESA listing. The petition states that 
Tridacninae giant clams merit listing as endangered or threatened 
species under the ESA because of the following: (1) Loss or curtailment 
of habitat or range; (2) historical and continued overutilization of 
the species for commercial purposes; (3) inadequacy of existing 
regulatory mechanisms to safeguard the species; (4) other factors such 
as global climate change; and (5) the species' inherent vulnerability 
to population decline due to their slow recovery and low resilience to 
threats.

ESA Statutory Provisions and Policy Considerations

    Section 4(b)(3)(A) of the ESA of 1973, as amended (16 U.S.C. 1531 
et seq.), requires, to the maximum extent practicable, that within 90 
days of receipt of a petition to list a species as threatened or 
endangered, the Secretary of Commerce make a finding on whether that 
petition presents substantial scientific or commercial information 
indicating that the petitioned action may be warranted, and promptly 
publish the finding in the Federal Register (16 U.S.C. 1533(b)(3)(A)). 
When we find that substantial scientific or commercial information in a 
petition and in our files indicates the petitioned action may be 
warranted (a ``positive 90-day finding''), we are required to promptly 
commence a review of the status of the species concerned, which 
includes conducting a comprehensive review of the best available 
scientific and commercial information. Within 12 months of receiving 
the petition, we must conclude the review with a finding as to whether, 
in fact, the petitioned action is warranted. Because the finding at the 
12-month stage is based on a significantly more thorough review of the 
available information, a ``may be warranted'' finding at the 90-day 
stage does not prejudge the outcome of the status review and 12-month 
finding.
    Under the ESA, a listing determination may address a ``species,'' 
which is defined to also include subspecies and, for any vertebrate 
species, any distinct population segment (DPS) that interbreeds when 
mature (16 U.S.C. 1532(16)). A joint NMFS-U.S. Fish and Wildlife 
Service (USFWS) policy clarifies the agencies' interpretation of the 
phrase ``distinct population segment'' for the purposes of listing, 
delisting, and reclassifying a species under the ESA (``DPS Policy''; 
61 FR 4722; February 7, 1996). A species, subspecies, or DPS is 
``endangered'' if it is in danger of extinction throughout all or a 
significant portion of its range, and ``threatened'' if it is likely to 
become endangered within the foreseeable future throughout all or a 
significant portion of its range (ESA sections 3(6) and 3(20), 
respectively; 16 U.S.C. 1532(6) and (20)). Pursuant to the ESA and our 
implementing regulations, the determination of whether a species is 
threatened or endangered shall be based on any one or a combination of 
the following five section 4(a)(1) factors: The present or threatened 
destruction, modification, or curtailment of habitat or range; 
overutilization for commercial, recreational, scientific, or 
educational purposes; disease or predation; inadequacy of existing 
regulatory mechanisms; and any other natural or manmade factors 
affecting the species' existence (16 U.S.C. 1533(a)(1), 50 CFR 
424.11(c)).
    ESA-implementing regulations issued jointly by NMFS and USFWS (50 
CFR 424.14(b)) define ``substantial information'' in the context of 
reviewing a petition to list, delist, or reclassify a species as the 
amount of information that would lead a reasonable person to believe 
that the measure proposed in the petition may be warranted. When 
evaluating whether substantial information is contained in a petition,

[[Page 28947]]

we must consider whether the petition: (1) Clearly indicates the 
administrative measure recommended and gives the scientific and any 
common name of the species involved; (2) contains detailed narrative 
justification for the recommended measure, describing, based on 
available information, past and present numbers and distribution of the 
species involved and any threats faced by the species; (3) provides 
information regarding the status of the species over all or a 
significant portion of its range; and (4) is accompanied by the 
appropriate supporting documentation in the form of bibliographic 
references, reprints of pertinent publications, copies of reports or 
letters from authorities, and maps (50 CFR 424.14(b)(2)).
    At the 90-day stage, we evaluate the petitioner's request based 
upon the information in the petition including its references, and the 
information readily available in our files. We do not conduct 
additional research, and we do not solicit information from parties 
outside the agency to help us in evaluating the petition. We will 
accept the petitioner's sources and characterizations of the 
information presented, if they appear to be based on accepted 
scientific principles, unless we have specific information in our files 
that indicates the petition's information is incorrect, unreliable, 
obsolete, or otherwise irrelevant to the requested action. Information 
that is susceptible to more than one interpretation or that is 
contradicted by other available information will not be dismissed at 
the 90-day finding stage, so long as it is reliable and a reasonable 
person would conclude that it supports the petitioner's assertions. 
Conclusive information indicating the species may meet the ESA's 
requirements for listing is not required to make a positive 90-day 
finding. We will not conclude that a lack of specific information alone 
negates a positive 90-day finding, if a reasonable person would 
conclude that the unknown information itself suggests an extinction 
risk of concern for the species at issue.
    To make a 90-day finding on a petition to list a species, we 
evaluate whether the petition presents substantial scientific or 
commercial information indicating the subject species may be either 
threatened or endangered, as defined by the ESA. First, we evaluate 
whether the information presented in the petition, along with the 
information readily available in our files, indicates that the 
petitioned entity constitutes a ``species'' eligible for listing under 
the ESA. Next, we evaluate whether the information indicates that the 
species at issue faces extinction risk that is cause for concern; this 
may be indicated in information expressly discussing the species' 
status and trends, or in information describing impacts and threats to 
the species. We evaluate any information on specific demographic 
factors pertinent to evaluating extinction risk for the species at 
issue (e.g., population abundance and trends, productivity, spatial 
structure, age structure, sex ratio, diversity, current and historical 
range, habitat integrity or fragmentation), and the potential 
contribution of identified demographic risks to extinction risk for the 
species. We then evaluate the potential links between these demographic 
risks and the causative impacts and threats identified in ESA section 
4(a)(1).
    Information presented on impacts or threats should be specific to 
the species and should reasonably suggest that one or more of these 
factors may be operative threats that act or have acted on the species 
to the point that it may warrant protection under the ESA. Broad 
statements about generalized threats to the species, or identification 
of factors that could negatively impact a species, do not constitute 
substantial information that listing may be warranted. We look for 
information indicating that not only is the particular species exposed 
to a factor, but that the species may be responding in a negative 
fashion; then we assess the potential significance of that negative 
response.
    Many petitions identify risk classifications made by non-
governmental organizations, such as the International Union for the 
Conservation of Nature (IUCN), the American Fisheries Society, or 
NatureServe, as evidence of extinction risk for a species. Risk 
classifications by other organizations or made under other Federal or 
state statutes may be informative, but such classification alone may 
not provide the rationale for a positive 90-day finding under the ESA. 
For example, as explained by NatureServe, their assessments of a 
species' conservation status do ``not constitute a recommendation by 
NatureServe for listing under the U.S. Endangered Species Act'' because 
NatureServe assessments ``have different criteria, evidence 
requirements, purposes and taxonomic coverage than government lists of 
endangered and threatened species, and therefore these two types of 
lists should not be expected to coincide'' (http://www.natureserve.org/prodServices/statusAssessment.jsp). Thus, when a petition cites such 
classifications, we will evaluate the source of information that the 
classification is based upon in light of the standards on extinction 
risk and impacts or threats discussed above.

Analysis of the Petition

General Information

    The petition clearly indicates the administrative measure 
recommended and gives the scientific and, in some cases, the common 
names of the species involved. The petition also contains a narrative 
justification for the recommended measures and provides limited 
information on the species' geographic distribution, habitat use, and 
threats. Limited information is also provided on population status and 
trends for all but a couple of species. The introduction of the 
petition emphasizes that giant clam species have not been evaluated by 
the IUCN since 1996, and more recent information provides evidence of 
significant population declines of all giant clam species range-wide, 
with increasing threats. The petition then provides general background 
information on giant clams as well as some limited species-specific 
information where available. Topics covered by the petition include 
giant clam taxonomy, natural history, descriptions of Tridacna species 
(descriptions of Hippopus species are absent), geographic range, 
habitat descriptions, life history (including growth and reproduction), 
ecology (including their symbiotic relationship with zooxanthellae and 
their ecological role on coral reefs), population structure and 
genetics, and abundance and trends. A general description of threats 
categorized under the five ESA Section 4(a)(1) factors is provided and 
is meant to apply to all of the petitioned clam species. This section 
discusses the following threats: Coral reef habitat degradation 
(including sedimentation, pollution, and reclamation), subsistence and 
commercial harvest by coastal and island communities for local 
consumption as well as sale and export for the meat, aquarium and curio 
trades, inadequacy of existing regulatory mechanisms to safeguard the 
species, and impacts of climate change (including bleaching and ocean 
acidification). A synopsis of and our analysis of the information 
provided in the petition and readily available in our files is provided 
below.

Species Description

    Giant clams are a small but conspicuous group of large bivalves 
that are members of the cardiid bivalve subfamily Tridacninae (Su et 
al., 2014). They are the largest living marine

[[Page 28948]]

bivalves found in coastal areas of the Indo-Pacific region, and are 
frequently regarded as important ecological components of coral reefs, 
especially as providers of substrate and contributors to overall 
productivity (Neo and Todd 2013). The most recent information suggests 
there are 13 extant species of giant clams, 10 of which are considered 
in this 90-day finding, including 8 species in the genus Tridacna--T. 
crocea, T. derasa, T. gigas, T. maxima, T. noae, T. squamosa, T. 
costata (formerly T. squamosina) and T. tevoroa (formerly T. 
mbalavauna), and 2 species in the genus Hippopus--H. hippopus and H. 
porcellanus.

Taxonomy

    Giant clam taxonomy (family Cardiidae, subfamily Tridacninae) has 
seen a surge in new species descriptions in recent decades (Borsa et 
al., 2015a), and there is some disagreement in the literature regarding 
the validity of some species. Two giant clam species considered in this 
90-day finding have been only recently described (T. tevoroa and T. 
costata), but have been shown to be junior synonyms of species 
described decades before (i.e., T. mbalavuana and T. squamosina, 
respectively; Borsa et al., 2015a). Another species, T. noae, has been 
the subject of debate in terms of its validity as a species. However, 
T. noae has been recently resurrected from synonymy with the small 
giant clam, T. maxima, after additional molecular and morphological 
evidence supported the taxonomic separation of the two species (Su et 
al., 2014).

Range and Distribution

    Modern giant clams are distributed along shallow shorelines and on 
reefs in the Indo-West Pacific in the area confined by 30[deg] E and 
120[deg] W (i.e., from South Africa to beyond French Polynesia) and 
between 36[deg] N and 30[deg] S (i.e., from Japan in the North to 
Australia in the South; Neo et al., 2015) and excluding New Zealand and 
Hawaii, although there are reports that at least two species have been 
introduced in Hawaii (T. derasa and T. squamosa; bin Othman et al., 
2010). Although most extant giant clams mainly occur within the 
tropical Indo-Pacific region, three species (T. maxima, T. squamosa and 
T. costata) are found as far west as East Africa or the Red Sea (Soo 
and Todd 2014). Of all the giant clam species, T. maxima has the most 
cosmopolitan distribution, which encompasses nearly the entire 
geographical range of all the other giant clam species. On the other 
side of the spectrum, the more recently described T. costata, T. 
tevoroa, and H. porcellanus have the most restricted geographical 
ranges (bin Othman et al., 2010).
    Anecdotal reports by SCUBA divers and data from Reef Check (an 
international non-governmental organization that trains volunteers to 
carry out coral reef surveys) include records of giant clams beyond 
previously defined geographical boundaries, extending their known 
occurrence to near Cape Agulhas, South Africa. Giant clam distribution 
is not uniform, with greater diversity found in the central Indo-
Pacific (Spalding et al., 2007). A couple of recent sources have 
extended the known ranges of a couple of species. For example, Gilbert 
et al. (2007) documented the first observation of T. squamosa in French 
Polynesia, extending the species' range farther east than previously 
reported. Likewise, in our files, we found evidence that T. tevoroa has 
recently been observed in the Loyalty Islands of New Caledonia, whereas 
it was previously thought to be restricted to Tonga and Fiji (Kinch and 
Teitelbaum 2009). The petition claims that several of the species occur 
(or historically occurred) in the United States and its territories or 
possessions, including: T. derasa, T. gigas, T. maxima, T. squamosa, 
and H. hippopus. The rest of the petitioned clam species have strictly 
foreign distributions. The NMFS Coral Reef Ecosystem Program (CREP) 
conducts routine Reef Assessment and Monitoring Program surveys in U.S. 
territories, but their comprehensive monitoring reports only include 
general information on Tridacna clams, not at the species level.

Habitat

    The petition cites Soo and Todd (2014), stating that giant clams 
are markedly stenothermal (i.e., they are able to tolerate only a small 
range of temperature) and thus restricted to warm waters. Based on the 
broad latitudinal and depth ranges of some giant clam species, they 
each likely have varying ranges of temperature tolerance, possibly 
similar to that of other coral reef associated species. Although giant 
clams are typically associated with and are prominent inhabitants of 
coral reefs, this is not an obligate relationship (Munro 1992). Giant 
clams are typically found living on sand or attached to coral rock and 
rubble by byssal threads (Soo and Todd 2014), but they can be found in 
a wide variety of habitats, including live coral, dead coral rubble, 
boulders, sandy substrates, seagrass beds, macroalgae zones, etc. 
(Gilbert et al., 2006; Hernawan 2010).

Life History

    The exact lifespan of tridacnines has not been determined; although 
it is estimated to vary widely between eight to several hundred years 
(see original citations in Soo and Todd 2014). Little information 
exists on the size at maturity for giant clams, but size and age at 
maturity vary by species and geographical location (Ellis 1997). In 
general, giant clams appear to have relatively late sexual maturity, a 
sessile, exposed adult phase and broadcast spawning reproductive 
strategy, all of which can make giant clams vulnerable to depletion and 
exploitation (Neo et al., 2015). All giant clam species are classified 
as protandrous functional hermaphrodites, meaning they mature first as 
males and develop later to function as both male and female (Chambers 
2007); but otherwise, giant clams follow the typical bivalve mollusc 
life cycle. At around 5 to 7 years of age (Kinch and Teitelbaum 2009), 
giant clams reproduce via broadcast spawning, in which several million 
sperm and eggs are released into the water column where fertilization 
takes place. Giant clam spawning can be seasonal; for example, in the 
Central Pacific, giant clams can spawn year round but are likely to 
have better gonad maturation around the new or full moon (Kinch and 
Teitelbaum 2009). In the Southern Pacific, giant clam spawning patterns 
are seasonal and clams are likely to spawn in spring and throughout the 
austral summer months (Kinch and Teitelbaum 2009). Once fertilized, the 
eggs hatch into free-swimming trochophore larvae for around 8 to 15 
days (according to the species and location) before settling on the 
substrate (Soo and Todd 2014; Kinch and Teitelbaum 2009). During the 
pediveliger larvae stage (the stage when the larvae is able to crawl 
using its foot), the larvae crawl on the substrate in search of 
suitable sites for settlement and metamorphose into early juveniles (or 
spats) within 2 weeks of spawning (Soo and Todd 2014). Growth rates 
after settlement generally follow a sigmoid (``S'' shaped) curve, 
beginning slowly, then accelerating after approximately 1 year and then 
slowing again as the animals approach maturity (Ellis 1997). These 
rates are usually slow and vary amongst species.

Feeding and Nutrition

    According to Munro (1992), giant clams are facultative 
planktotrophs, in that they are essentially planktotrophic (i.e., they 
feed on plankton) but they can acquire all of the nutrition required 
for maintenance from their symbiotic algae,

[[Page 28949]]

Symbodinium. Nutritional requirements and strategies vary significantly 
by species. For example, T. derasa is able to function as a complete 
autotroph in its natural habitat (down to 20 m), whereas T. tevoroa 
only achieves this in the shallower parts of its distribution (10 to 20 
m). Tridacna gigas shows a different strategy, comfortably satisfying 
all apparent carbon requirements from the combined sources of filter-
feeding and phototrophy (Klumpp and Lucas 1994). In fact, Klumpp et al. 
(1992) showed that T. gigas is an efficient filter-feeder and that 
carbon derived from filter-feeding in Great Barrier Reef waters 
supplies significant amounts of the total carbon necessary for its 
respiration and growth.

Giant Clam Status and Abundance Trends

    The petition does not provide historical or current global 
abundance estimates for any of the petitioned clam species; rather, the 
petition cites a number of studies that document local extirpations of 
various giant clam species in particular areas to demonstrate that all 
species of giant clams are currently declining, or have declined 
historically, within their ranges. We assess the information presented 
in the petition, and information in our files, regarding each of the 
petitioned species in individual species accounts later in this 
finding.

ESA Section 4(a)(1) Factors

    The petition indicates that giant clam species merit listing due to 
all five ESA section 4(a)(1) factors: Present or threatened 
destruction, modification, or curtailment of its habitat or range; 
overutilization for commercial, recreational, scientific, or 
educational purposes; disease or predation; inadequacy of existing 
regulatory mechanisms; and other natural or manmade factors affecting 
its continued existence. We first discuss each of these threats to 
giant clams in general, and then discuss these threats as they relate 
to each species, based on information in the petition and the 
information readily available in our files.

Threats to Giant Clams

Present or Threatened Destruction, Modification, or Curtailment of Its 
Habitat or Range
    The petition contends that all giant clam species are at risk of 
extinction due to habitat destruction. The petitioner cites Foster and 
Vincent (2004) and states that: ``Giant clams inhabit shallow coastal 
waters which are highly vulnerable to habitat degradation caused by 
various anthropogenic activities.'' While we agree that highly 
populated coastal areas are subject to anthropogenic impacts (e.g., 
land-based sources of pollution, sedimentation, nutrient loading, 
etc.), the reference provided by the petitioner refers to habitat 
degradation as a threat to seahorse populations, with no information 
provided in this reference specific to giant clams. The petition also 
asserts that because giant clams are associated with coral reefs, that 
all species of giant clams face all of the ``regular'' threats that 
coral reefs generally face, including coral reef habitat degradation, 
sedimentation and pollution. The petition cites Brainard et al. (2011), 
a status review report that was prepared by NMFS for 82 coral species 
under the ESA, as evidence of habitat destruction issues throughout the 
range of the petitioned giant clam species. While this status review 
report thoroughly describes issues related to coral reef habitat 
degradation in general, it does not discuss giant clams, nor does it 
provide any substantial evidence regarding a link between coral reef 
habitat degradation and negative population-level impacts to any of the 
petitioned giant clam species throughout their ranges. Further, the 
petition itself notes that while giant clam species are generally 
associated with coral reefs, it is not an obligate relationship. In 
fact, surveys in many areas suggest that adults of most species of 
giant clams can live in most of the habitats available in coralline 
tropical seas (Munro 1992), with observations of giant clam species 
inhabiting a diverse variety of habitats (e.g., live coral, dead 
encrusted coral, coral rubble, seagrass beds, sandy substrates, 
boulders, macroalgae zones, etc.; Gilbert et al., 2006; Hernawan 2010). 
Additionally, while the petition describes the ecological importance of 
giant clams to coral reefs, the petition does not provide any 
information demonstrating the importance of pristine coral reef habitat 
to the survival of giant clam species.
    Finally, the petitioner also notes evidence from the South China 
Sea that 40 square miles (104 sq km) of coral reefs have been destroyed 
as a result of giant clam poaching, with an additional 22 square miles 
(57 sq km) destroyed by island-building and dredging activities. The 
petitioner notes that the main target during these poaching activities 
is T. gigas, because its large shell is considered a desirable luxury 
item in mainland China. Although directed poaching of giant clams would 
fall under the threat of overutilization, the means of poaching (e.g., 
explosives, tools of various sorts, and/or dragging and pulling to 
remove giant clams from the surrounding habitat) clearly has impacts to 
coral reef habitat as well. However, it is unclear how the loss of 
coral reefs in the South China Sea may impact the status of giant clams 
throughout their ranges, and aside from T. gigas, the petition provides 
no species-specific information regarding habitat destruction for the 
other nine petitioned species.
    Therefore, while the information in the petition suggests concern 
for the status of coral reef habitat generally, its broadness, 
generality, and speculative nature, and the lack of connections between 
the threats discussed and the status of the giant clam species 
specifically, means that we cannot find that this information 
reasonably suggests that habitat destruction is an operative threat 
that acts or has acted on each of the species to the point that they 
may warrant protection under the ESA. Broad statements about 
generalized threats to the species, or identification of factors that 
could negatively impact a species, do not constitute substantial 
information that listing may be warranted. We look for information 
indicating that not only is the particular species exposed to a factor, 
but that the species may be responding in a negative fashion; then we 
assess the potential significance of that negative response and 
consider the significance within the context of the species' overall 
range. In this case, generalized evidence of declining coral reef 
habitat is not evidence of a significant threat to any of the 
individual petitioned species to infer extinction risk such that the 
species may meet the definition of either threatened or endangered 
under the ESA.
    In addition to habitat degradation as a result of various 
anthropogenic activities, the petition contends that climate change 
related threats, including ocean warming and ocean acidification, are 
operative threats to all giant clam species and the coral reef habitat 
they rely on. The petitioner cites Brainard et al. (2011) and NMFS' 
proposed and final rules to list numerous reef-building corals under 
the ESA (77 FR 73219; December 7, 2012 and 79 FR 53852; September 10, 
2014) as substantial information to support these claims. While we 
agree with the petitioner that coral bleaching events have been 
increasing in both intensity and geographic extent because of climate 
change, and the information in the petition suggests concern for coral 
reef ecosystems, we disagree with the petitioner's broad and 
generalized

[[Page 28950]]

application of this information to the status of giant clams.
    With regard to climate change related threats to coral reef 
habitat, NMFS' final rule to list 20 species of reef-building corals 
(79 FR 53852; September 10, 2014) explains that exposure and response 
of coral species to global threats varies spatially and temporally, 
based on variability in the species' habitat and distribution. The vast 
majority of coral species occur across multiple habitat types, or reef 
environments, and have distributions that encompass diverse physical 
environmental conditions that influence how that species responds to 
global threats. Additionally, the best available information, as 
summarized in Brainard et al. (2011) and the coral final rule (79 FR 
53852; September 10, 2014), shows that adaptation and acclimatization 
to increased ocean temperatures are possible; there is intra-genus 
variation in susceptibility to bleaching, ocean acidification, and 
sedimentation; at least some coral species have already expanded their 
ranges in response to climate change; and not all species are seriously 
affected by ocean acidification. In fact, some studies suggest that 
coral reef degradation resulting from global climate change threats 
alone is likely to be an extremely spatially, temporally, and 
taxonomically heterogeneous process. These studies indicate that coral 
reef ecosystems, rather than disappear entirely as a result of future 
impacts, will likely persist, but with unpredictable changes in the 
composition of coral species and ecological functions (Hughes et al., 
2012; Pandolfi et al., 2011). We have additional information regarding 
climate change impacts and predictions for coral reefs readily 
available in our files, which indicates a highly nuanced and variable 
pattern of exposure, susceptibility, resilience, and recovery over 
regionally and locally different spatial and temporal scales, with much 
uncertainty remaining. The literature underscores the multitude of 
factors contributing to coral response to thermal stress, including 
taxa, geographic location, biomass, previous exposure, frequency, 
intensity, and duration of thermal stress events, gene expression, and 
symbiotic relationships (Pandolfi et al., 2011; Putman et al., 2011; 
Buddemeier et al., 2012; Sridhar et al., 2012; Teneva et al., 2012; van 
Hooidonk and Huber, 2012). Evidence suggests that coral bleaching 
events will continue to occur and become more severe and more frequent 
over the next few decades (van Hooidonk 2013). However, newer 
multivariate modeling approaches indicate that traditional temperature 
threshold models may not give an accurate picture of the likely 
outcomes of climate change for coral reefs, and effects and responses 
will be highly nuanced and heterogeneous across space and time 
(McClanahan et al., 2015).
    In addition to bleaching, the petitioner similarly implies that 
ocean acidification is a threat to giant clam habitat (i.e., corals and 
coral reefs). The petition cites Brainard et al. (2011) and states: 
``ocean acidification threatens to slow or halt coral growth and reef 
building entirely if the pH of the ocean becomes too low for corals to 
form their calcite skeletons.'' The petition further states that 
bioerosion of coral reefs is likely to accelerate as skeletons become 
more fragile because of the effects of acidification. However, aside 
from these broad and generalized statements regarding the potential 
impacts of ocean acidification to giant clam habitat (based largely on 
information regarding ocean acidification impacts to corals and coral 
reefs), the petition provides very limited information regarding 
species-specific impacts of ocean acidification for most of the 
petitioned giant clam species. Additionally, as with coral bleaching, 
Brainard et al. (2011) and the coral final rule (79 FR 53852; September 
10, 2014) show that adaptation and acclimatization to ocean 
acidification are possible, there is intra-genus variation in 
susceptibility to ocean acidification, and not all species are 
seriously affected. The previous discussion regarding spatial and 
temporal variability regarding how coral species respond to increasing 
temperature also applies to how corals respond to impacts of ocean 
acidification. Despite the generally high-ranking global threats from 
climate change, including coral bleaching and acidification and 
considerations of how these threats may act synergistically, only 20 of 
the 83 petitioned coral species ultimately warranted listing under the 
ESA. This underscores the fact that reef-building corals exist within a 
wide spectrum of susceptibility and vulnerability to global climate 
change threats. Thus, at the broad level of coral reefs, the 
information in the petition and in our files does not allow us to 
conclude that coral reefs generally are at such risk from ocean 
acidification effects as to threaten the viability of the petitioned 
giant clam species.
    Finally, the petition provided no information or analysis regarding 
how changes in coral reef composition and function because of climate 
change pose an extinction risk to any of the petitioned giant clam 
species. This is particularly important given that giant clams do not 
have an obligate relationship to coral reefs and, like corals, occur in 
a wide variety of habitats that encompass diverse physical 
environmental conditions that influence how a particular species 
responds to global threats. Broad generalizations regarding climate 
change related threats and their impacts cannot be applied as an 
equivalent threat to corals and coral reef associated species. In cases 
where the petitioner provided relevant species-specific information 
regarding climate change impacts, we consider this information in 
further detail below in the individual species accounts.
Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    The petition describes several activities that may be contributing 
to the overutilization of giant clams in general. The petition notes 
that harvest of giant clams is for both subsistence purposes (e.g., 
giant clam adductor, gonad, muscle, and mantle tissues are all used for 
food products and local consumption), as well as commercial purposes 
for global international trade (e.g., giant clam shells are used for a 
number of items, including jewelry, ornaments, soap dishes).
    The petition discusses a number of commercial fisheries that 
operated historically, including long-range Taiwanese fishing vessels 
and some local fisheries that developed in the 1970s and 1980s (e.g., 
Papua New Guinea, Fiji, Maldives). According to Munro (1992), 
historical commercial fisheries appear to have been limited to long-
range Taiwanese fishing vessels, which targeted the adductor muscles of 
larger species (e.g., T. gigas and T. derasa). This activity reached 
its peak in the mid-1970s and then subsided in the face of depleted 
stocks, strong international pressures, and improved surveillance of 
reef areas (Munro 1992). In response to declining activities by the 
Taiwanese fishery and continuing demand for giant clam meat, commercial 
fisheries developed in Papua New Guinea, Fiji, and the Maldives. For 
example, the Fijian fishery, which was exclusively for T. derasa, 
landed over 218 tons over a 9-year period, with the largest annual 
harvest totaling 49.5 tons in 1984. The petition cites Lewis et al. 
(1998) in stating this level of harvest is ``thought to have removed 
most of the available stock,'' but the authors actually stated that in 
1984-85 there were still abundant populations on various reefs in the 
windward (Lau, Lomaiviti)

[[Page 28951]]

islands but subsequent commercial harvest has considerably reduced 
these numbers. Because of these rapidly depleting local stocks, 
government authorities closed the fisheries (Munro 1992). The petition 
also noted historical commercial overutilization of giant clams (i.e., 
T. gigas and T. derasa) in Palau. Hester and Jones (1974) recorded 
densities of 50 T. gigas and 33 T. derasa per hectare at Helen Reef, 
Palau, before these stocks were ``totally decimated by distant-water 
fishing vessels'' (Munro 1992), although no further information or 
citations are provided to better describe the decimation. The petition 
discusses a few other studies that document historical overutilization 
of giant clams in various locations, including Japan, Philippines, 
Malaysia, and Micronesia (Okada 1997; Villanoy et al., 1988; Tan and 
Yasin 2003; and Lucas 1994, respectively). Thus, it is clear that in 
some locations, giant clams, particularly the largest species (T. gigas 
and T. derasa), have likely experienced historical overutilization as a 
result of commercial harvest. However, it should be noted that the 
large majority of the information provided in the petition points to 
selective targeting of the largest giant clam species, with limited 
information on many of the other petitioned giant clam species. 
Therefore, we cannot conclude that overutilization is contributing 
equally or to the same extent to the extinction risk of all giant clam 
species. Thus, any individual studies and species-specific information 
are discussed and analyzed in further detail in the individual species 
accounts below.
    In terms of current and ongoing threats of overutilization to giant 
clams, the petition emphasizes the threat of the growing giant clam 
industry in China, largely the result of improved carving techniques, 
increased tourism in Hainan, China, the growth in e-commerce, and the 
domestic Chinese wholesale market (Larson 2016). The petition also 
cites McManus (2016) to note concerns that stricter enforcement of the 
trade in ivory products has diverted attention to giant clam shells. 
The petition points out that the giant clam (T. gigas) is the main 
target for international trade, as this species' shell is considered a 
desirable luxury item, with a pair of high quality shells (from one 
individual) selling for upwards of US $150,000. Therefore, the high 
value and demand for large T. gigas shells may be a driving factor 
contributing to ongoing overutilization of the species. However, aside 
from T. gigas, the petition provides very limited information regarding 
the threat of international trade to the other nine petitioned giant 
clam species. Based on the information presented in the petition and in 
our files, we acknowledge that international trade may be a threat to 
some species (e.g., T. gigas), but we cannot conclude that 
international trade is posing an equivalent threat to all of the 
petitioned species, as it is clear that some giant clam species are 
more desirable and targeted more for international trade than others. A 
more detailed analysis of available species-specific trade information 
presented in the petition and in our files can be found in the 
individual species accounts in later sections of this notice.
    Although the petition does not mention aquaculture and hatchery 
programs, we found some information in our files on numerous giant clam 
aquaculture and hatchery programs throughout the Indo-Pacific, with 
several species being cultured in captivity for the purpose of 
international trade and restocking/reseeding programs to enhance wild 
populations. Currently, a variety of hatchery and nursery production 
systems are being utilized in over 21 Indo-Pacific countries 
(Teitelbaum and Friedman 2008), with several Pacific Island Countries 
and Territories (PICTs) across the Pacific using giant clam aquaculture 
and restocking programs to help enhance wild populations and culture 
clams for commercial use/trade. For example, the Cook Islands cultures 
giant clams at the Aitutaki Marine Research Center and exported 30,000 
giant clams from 2003 to 2006 for the global marine aquarium trade 
(Kinch and Teitelbaum 2009). In 2005, the Palau National Government 
established the Palau Maricultural Demonstration Center Program to 
conduct research on giant clam culture and to establish community-based 
giant clam grow-out farms. This program has helped establish 46 giant 
clam farms throughout Palau, with over two million giant clam 
`seedlings' distributed (Kinch and Teitelbaum 2009). At least 10 
percent of all giant clams from each farm are also kept aside to spawn 
naturally in their own ranched enclosures, thus reseeding nearby areas. 
In addition to being used to reseed areas in Palau, the program 
exported approximately 10,000 cultured giant clams each year from 2005 
to 2008 to France, Germany, Canada, the United States (including Guam 
and the Federated States of Micronesia (FSM)), Korea, and Taiwan. Other 
major producers of cultured giant clams for export include the Republic 
of the Marshall Islands, Tonga, and the FSM, producing an approximate 
average of 15-20,000 pieces of clams per year (Kinch and Teitelbaum 
2009). Therefore, the international trade of giant clams is complex, 
with many facets to consider, including the increasing influx of 
cultured giant clams into the trade. We acknowledge that the success of 
these restocking programs have been variable and limited in some 
locations (Teitelbaum and Friedman 2008); however, given the foregoing 
information, we cannot conclude that international trade poses an equal 
extinction risk to all of the petitioned giant clam species. In cases 
where the petition did provide species-specific information regarding 
commercial trade, we consider this information, as well as what is in 
our files, in the individual species accounts below.
Disease and Predation
    The petition states that predation is not likely a threat to giant 
clam species, as there is no evidence to suggest that levels of 
predation have changed or are unnaturally high and affecting the status 
of giant clam populations. We could also find no additional information 
in our files regarding the threat of predation for any of the 
petitioned clam species.
    The petition asserts that because diseases have been documented in 
a number of species and have likely increased in concert with climate 
change, they cannot be ruled out as a threat. The petition presented 
some limited information on diseases (e.g., impacts of protozoans and 
parasitic gastropods on giant clams and other bivalves on the Great 
Barrier Reef of Australia), but did not provide any species-specific 
information regarding how diseases may be impacting giant clam 
populations to the point that disease poses an extinction risk to any 
of the petitioned clam species. We could also not find any additional 
information in our files regarding the threat of disease for any of the 
petitioned clam species. Therefore, we conclude that the petition does 
not provide substantial information that disease or predation is a 
threat contributing to any of the species' risk of extinction, such 
that it is cause for concern.

Inadequacy of Existing Regulatory Mechanisms

    The petition claims existing regulatory mechanisms at the 
international, federal, and state level to protect giant clams or the 
habitat they need to survive are inadequate. The petitioner asserts 
that not only are local and national laws inadequate to protect

[[Page 28952]]

giant clams, but that international trade and greenhouse gas 
regulations are also inadequate. We address each of these topics 
separately below.
Local and National Giant Clam Regulations
    The petitioner notes that there are some laws for giant clams on 
the books in certain locations, but only discusses regulations from the 
Philippines and Malaysia and a separate issue of illegal clam poaching 
in disputed areas of the South China Sea. The petition acknowledges 
that all species of giant clam in the Philippines are protected as 
endangered species under the Philippine's Fisheries Administrative 
Order No. 208 series of 2001 (Dolorosa and Schoppe 2005), but states 
that despite this law, declines of giant clams continue. However, the 
only study presented on abundance trends since the law was implemented 
in 2001 was conducted on one reef (Tubbataha Reef; Dolorosa and Schoppe 
2005). Dolorosa and Schoppe (2005) specifically stated that they could 
not conclude a continuous decline of tridacnids was occurring because 
the much lower density observed in their study was based on data taken 
from a single transect. Prior to the study conducted by Dolorosa and 
Schoppe (2005), the only quantitative information presented was from 
studies conducted in the 1980s and 1990s (Villanoy et al., 1988; 
Salazar et al., 1999). Therefore, based on the foregoing information, 
we cannot conclude that the aforementioned fisheries law is inadequate 
for mitigating local threats to giant clams and slowing or halting 
population declines in the Philippines. However, illegal poaching for 
some species does seem to be an issue in some areas of the Philippines, 
notably in the protected area of Tubbataha Reef National Marine Park. 
For example, hundreds of giant clams (T. gigas) were confiscated from 
Chinese fishermen who poached in the Park in the early 2000s (Dolorossa 
and Schoppe 2005), indicating that regulatory mechanisms (e.g., the 
protected area) may not be adequate to protect that highly sought after 
species.
    The petitioner also notes that Malaysia's Department of Fisheries 
has listed giant clams as protected species, but cites Tan and Yasin 
(2003) as evidence that giant clams continue to decline despite this 
protective regulation. The petition provides no details regarding when 
this law was implemented or what specific protections it affords giant 
clams in Malaysian waters, nor could we find these details in the 
reference provided (Tan and Yasin 2003). Given that Malaysia represents 
a different proportion of each of the petitioned species' overall 
range, the potential inadequacy of regulatory mechanisms in Malaysia 
will be assessed and considered for each of the petitioned species in 
the individual species accounts below.
    Overall, the discussion of inadequate regulatory mechanisms for 
giant clams at the national/local level by the petitioner focuses on 
Southeast Asia, without any information regarding regulatory mechanisms 
throughout large portions of the rest of the ranges of the species. 
However, we found regulations in our files in numerous countries 
throughout the tropical Pacific (e.g., PICTs) and Australia regarding 
the harvest of giant clams. For example, size limits and complete bans 
on commercial harvest are the most commonly used fisheries management 
tools for giant clams throughout the PICTs (Kinch and Teitelbaum 2009). 
Several countries, including French Polynesia, Niue, Samoa, and Tonga, 
have size limits imposed for certain species. Some PICTs, such as Fiji 
and New Caledonia, both of which have active high volume tourist 
trades, allow up to three giant clam shells (or six halves) not 
weighing more than 3 kg to be exported with Convention on International 
Trade of Endangered Species of Wild Fauna and Flora (CITES) permits. 
Other PICTs, such as Guam and New Caledonia, have imposed bag-limits on 
subsistence and commercial harvest of giant clams. Papua New Guinea has 
imposed a ban on the use of night lights to harvest giant clams. There 
are also community-based cultural management systems in many PICTs like 
the Cook Islands where a local village or villages may institute rahui, 
or closed areas, for a period of time to allow stocks to recover 
(Chambers 2007). Finally, the following PICTs have complete bans on 
commercial harvest and export, with the exception of aquacultured 
species: FSM, Fiji, French Polynesia, Kiribati, Palau, Solomon Islands, 
and Vanuatu (Kinch and Teitelbaum 2009). Therefore, without any 
information or analysis as to how these regulatory measures are failing 
to address local threats to giant clams, we cannot conclude that there 
is substantial information indicating that regulatory mechanisms for 
all of the petitioned giant clam species are equally inadequate such 
that they may be posing an extinction risk to the species. Where more 
specific information is available for a particular species, we consider 
this information in the individual species accounts later in this 
finding.
Trade Regulations
    The petition asserts that international regulations, specifically 
the CITES, are inadequate to control commercial trade of giant clam 
species. The petition explains that although all members of the 
Tridacninae family are listed under Appendix II of CITES, 
implementation and enforcement are likely not adequate and thus illegal 
shipments are not necessarily intercepted. However, the assertions 
regarding illegal shipments were made broadly about wildlife shipments 
in general, without providing any specific information or clear 
linkages regarding how CITES is failing to regulate international trade 
of each of the petitioned giant clam species. The petition cites a 
number of CITES documents and states that these documents ``show wide 
disparities in yearly giant clam trade figures,'' which suggest that 
some countries have failed to exert control on the clam trade (bin 
Othman et al., 2010). However, the petition did not provide any 
additional details explaining how these trade figures demonstrate a 
risk of extinction to any particular species.
    Overall, the discussion of the inadequacy of CITES is very broad 
and does not discuss how the inadequacy of international trade 
regulations is impacting any of the petitioned species to the point 
that it is contributing to an extinction risk, with the exception of T. 
gigas and the growing giant clam industry in China. For example, the 
petition points out that the shape of the large giant clam shells (T. 
gigas) makes them highly desirable for making large, intricately carved 
scenes. In fact, the petition itself emphasizes that T. gigas is the 
main giant clam species targeted and poached in the South China Sea for 
this particular trade. Therefore, from the information in the petition 
and our files, it is clear that some giant clam species are more 
desirable and targeted for the international trade than others, and 
thus require more restrictive regulations to ensure their 
sustainability. As discussed previously in the Overutilization for 
Commercial, Recreational, Scientific, or Educational section above, we 
concluded that, for giant clams in general, the information in the 
petition and our files does not constitute substantial information that 
international trade is posing an equivalent threat to all of the 
petitioned giant clam species. Therefore, while we acknowledge that 
international trade may be a threat to some species, and existing 
regulations may be inadequate and warrant further investigation, the 
assertion that inadequate regulations for international trade is an 
equivalent

[[Page 28953]]

threat to all of the petitioned giant clam species is not supported.
Greenhouse Gas Regulations
    The petition claims that regulatory mechanisms to curb greenhouse 
gas emissions and reduce the effects of global climate change are 
inadequate to protect giant clams from the threats climate change poses 
to the species and their habitat. The petition goes on to explain that 
climate change threats, including bleaching and ocean acidification, 
represent the most significant long-term threat to the future of global 
biodiversity. Information in our files and from scientific literature 
indeed indicates that greenhouse gas emissions have a negative impact 
to reef building corals (NMFS 2012). However, as we discussed in detail 
previously, beyond this generalized global threat to coral reefs, we do 
not find that the petition presents substantial information indicating 
that the effects of greenhouse gas emissions are negatively affecting 
the petitioned species or their habitat such that they may warrant 
listing under the ESA. In particular, the information in the petition 
and in our files does not indicate that the loss of coral reef habitat 
or the direct effects of ocean warming and acidification is 
contributing to the extinction risk of the petitioned species (refer 
back to the Present or Threatened Destruction, Modification or 
Curtailment of its Habitat or Range section above and the Other Natural 
or Manmade Factors section below). Therefore, with the exception of 
species for which species-specific information is available regarding 
negative responses to ocean warming or acidification, inadequate 
regulatory mechanisms controlling greenhouse gas emissions are not 
considered a factor that may be contributing to the extinction risk of 
the petitioned species.

Other Natural or Manmade Factors Affecting Its Continued Existence

Ocean Warming and Giant Clam Bleaching
    The petitioner discusses the climate change-related impacts of 
ocean warming and giant clam bleaching as an extinction risk to all the 
petitioned giant clam species. In terms of giant clam bleaching, the 
petitioner argues that giant clams are like stony corals, in that the 
Symbodinium zooxanthellae in giant clams are subject to bleaching and 
other effects from high temperature. The petitioner provides a number 
of studies documenting giant clam bleaching in various locations, 
including the Great Barrier Reef in Australia and Southeast Asia. The 
petition then describes several studies on the physiological effects to 
giant clams from bleaching and ocean acidification, with the large 
majority of these studies conducted on T. gigas. However, while the 
petition provides some evidence that giant clams experience bleaching 
as a result of increased temperature, there is no discussion regarding 
how giant clams tolerate bleaching or the extent to which bleaching 
leads to mortality for the majority of the petitioned species. For 
example, the petition discusses a study by Leggat et al. (2003), in 
which the symbiotic zooxanthellae in T. gigas declined 30-fold during 
the 1998 global coral bleaching event, leading to a loss of the 
nutrition provided by zooxanthellae in ways very similar to the effects 
on stony corals; however, the petition failed to present any discussion 
or analysis as to how this stressor is linked to mortality of giant 
clams or population declines. In fact, the main conclusion of the 
Leggat et al. (2003) study states:

    Despite this significant reduction in symbiont population, and 
the consequent changes to their carbon and nitrogen budgets, the 
clams are able to cope with bleaching events significantly better 
than corals. During the recovery of clams after an artificial 
bleaching event only three out of 24 clams died, and personal 
observations at Orpheus Island indicated that survival rates of 
bleached clams were greater than 95 percent under natural 
conditions. This is in contrast to reports indicating coral 
mortality in some species can be as great as 99 percent.

    Therefore, although giant clams and stony corals can experience 
similar bleaching of their symbiotic zooxanthellae, this does not 
necessarily equate to analogous impacts of widespread bleaching-induced 
mortality from ocean warming. As discussed for another reef-dwelling 
organism in the orange clownfish 12-month finding (80 FR 51235), 
anemones also have symbiotic zooxanthellae, but literature on the 
effects of ocean warming on anemones show results that are not 
necessarily analogous with corals either, and in fact show high 
variability between and within species. Even individual anemones can 
show varying responses across different bleaching events. Although 
observed anemone bleaching has thus far been highly variable during 
localized events, the overall effect of bleaching events on anemones 
globally (i.e., overall proportion of observed anemones that have shown 
ill effects) has been of low magnitude at sites across their ranges. In 
fact, only 3.5 percent of the nearly 14,000 observed anemones were 
recorded as bleached across 19 study sites and multiple major bleaching 
events (Hobbs et al., 2013). Based on this example, generalized 
statements about bleaching impacts to all organisms that have symbiotic 
dinoflagellates being analogous are not supported by the best available 
information.
    Without species-specific information on how ocean warming-induced 
bleaching affects each of the petitioned giant clam species (e.g., 
mortality rates and evidence of negative population level effects), we 
cannot conclude that bleaching caused by ocean warming may be acting 
equally on all of the petitioned species to the point that the 
petitioned action may be warranted. Where the petition provides some 
species-specific information regarding the effects of temperature-
induced bleaching, we consider this information in more detail in the 
individual species accounts below.
Ocean Acidification
    Similar to the effects of ocean warming, the petitioner discusses 
ocean acidification as a threat contributing to the extinction risk of 
all of the petitioned giant clam species. The petitioner asserts that 
the effects of ocean acidification will likely accelerate the 
bioerosion of giant clam shells and lead to their increased fragility. 
To support this assertion, the petition cites two studies. One study 
(Waters 2008) looked at cultured specimens of T. maxima in a lab 
experiment and found that T. maxima juveniles exposed to 
pCO2 concentrations approximating glacial (180 ppm), current 
(380 ppm) and projected (560 ppm and 840 ppm) levels of atmospheric 
CO2 (per the IPCC IS92a scenario) suffered decreases in size 
and dissolution, and this occurred below thresholds previously 
considered detrimental to other marine organisms in similar conditions. 
We discuss these results and implications in further detail in the T. 
maxima species account below.
    The second study (Lin et al., 2006) did not specifically evaluate 
impacts of ocean acidification but instead involved mechanical tests on 
the shells of conch (Strombus gigas), giant clam (T. gigas), and red 
abalone (Haliotis rufescens) for a comparison of strength with respect 
to the microstructural architecture and sample orientation. The study 
found that although the structure of the T. gigas shell had the lowest 
level of organization of the three shells, its sheer size results in a 
strong overall system (Lin et al., 2006). The petitioner claims that 
because T. gigas has the lowest flexural shell strength relative to the 
two other types of shells tested, that any loss

[[Page 28954]]

of shell material or strength from the effects of ocean acidification 
may have a greater negative effect on giant clams than on other large 
molluscs. However, this statement is speculative, and no additional 
information or references were provided to support this claim.
    Overall, while we agree that ocean acidification is likely to 
continue and increase in severity over time within the ranges of the 
giant clam species, resulting in various detrimental impacts, 
additional information in our files also underscores the complexity and 
uncertainty associated with the various specific effects of ocean 
acidification across the ranges of giant clams. There are numerous 
complex spatial and temporal factors that compound uncertainty 
associated with projecting effects of ocean acidification on coral reef 
associated species such as giant clams. Further, as explained in the 
final rule to list 20 reef-building coral species under the ESA (79 FR 
53852; September 10, 2014), projecting species-specific responses to 
global threats is complicated by several physical and biological 
factors that also apply to the petitioned giant clam species. First, 
global projections of changes to ocean acidification into the future 
are associated with three major sources of uncertainty, including 
greenhouse gas emissions assumptions, strength of the climate's 
response to greenhouse gas concentrations, and large natural 
variations. There is also spatial and temporal variability in projected 
environmental conditions across the ranges of the species. Finally, 
species-specific responses depend on numerous biological 
characteristics, including (at a minimum) distribution, abundance, life 
history, susceptibility to threats, and capacity for acclimatization.
    In this case, the petition did not provide sufficient information 
regarding the likely impacts of ocean acidification on specific giant 
clam species or their populations. Without any analysis of how ocean 
acidification may be negatively impacting each of the petitioned giant 
clam species (with the exception of T. maxima and T. squamosa), we 
cannot conclude that substantial information was provided to indicate 
effects of ocean acidification may be acting on all of the petitioned 
species to the point that the petitioned action may be warranted. In 
cases where the petition did provide species-specific information, we 
consider this information in further detail in the individual species 
accounts below.

Individual Species Accounts

    Based on the information presented in the petition and in our 
files, we made 10 separate 90-day findings, one for each of the 
petitioned giant clam species. We first address the seven species for 
which we have determined that the information presented in the petition 
and in our files constitutes substantial information that the 
petitioned action may be warranted (i.e., positive 90-day finding). 
Because we will be addressing all potential threats to these species in 
forthcoming status reviews, we will only provide summaries of the main 
threat information in these species accounts as opposed to addressing 
every ESA (4)(a)(1) factor. Then, we address the remaining three 
species for which we determined that the information presented in the 
petition and in our files does not constitute substantial information 
that the petitioned action is warranted (i.e., negative 90-day 
finding). In these species accounts, we address every ESA (4)(a)(1) 
factor individually.

Hippopus hippopus

Species Description
    The petition does not provide any descriptive information for H. 
hippopus. We found some information in our files describing this 
species. Its shell exterior is off-white with a yellowish orange 
coloring and reddish blotches arranged in irregular concentric bands; 
the shell interior is porcelaneous white, frequently flushed with 
yellowish orange on the ventral margin, and the mantle ranges from a 
yellowish-brown, dull green, or grey (Kinch and Teitelbaum 2009). 
Maximum shell length for H. hippopus is 40 cm, but it is commonly found 
at lengths up to 20 cm. It can be found on sandy bottoms of coral reefs 
in shallow water to a depth of 6 m. Smaller specimens (up to about 15 
cm in length) are often attached to coral rubble by their byssal 
strings, while large and heavy specimens are unattached and lack a 
byssus (Kinch and Teitelbaum 2009).
Life History
    The petitioner provides some information on life history specific 
to this species. He cites Shelley (1989) who found second sexual 
maturity in H. hippopus at Orpheus Island, Great Barrier Reef, at a 
shell size of 145mm which equated to 2 years of age for males and 4 
years of age for hermaphrodites of the species from the study area. He 
cites Stephenson (1934) and Shelley (1989) who reported that H. 
hippopus spawns in the austral summer months of December to March on 
the Great Barrier Reef, which is also supported by Munro (1992) who 
found spawning of H. hippopus to be restricted to a short summer season 
in the central region of the Great Barrier Reef. In Palau, Hardy and 
Hardy (1969) reported that H. hippopus spawned in June. In a detailed 
study of early life history in Guam, fertilized eggs of H. hippopus had 
a mean diameter of 130.0 [mu]m (micrometers; 13 cm; Jameson 1976). 
According to the same study, settlement in Guam occurred 9 days after 
fertilization at a mean shell length of 202.0 [mu]m (20.2 cm) for H. 
hippopus. Juveniles of H. hippopus in Guam first acquired zooxanthellae 
after 25 days and juvenile shells showed first signs of becoming opaque 
after 50 days (Jameson 1976).
Range, Habitat, and Distribution
    The petition includes a range map for H. hippopus that was 
excerpted from bin Othman et al. (2010). bin Othman et al. (2010) note 
that data from Reef Check (www.reefcheck.org) indicate that there are 
populations of giant clams beyond the species-specific boundaries 
described by the references on which the range maps within bin Othman 
et al. (2010) are based, although no further detail is provided for any 
species. This applies to all species for which range maps based on bin 
Othman et al. (2010) are provided in this finding. The range map for H. 
hippopus provided in the petition does include several U.S. Pacific 
areas including Guam, Commonwealth of the Northern Mariana Islands 
(CNMI), and Wake Atoll. According to the petition, H. hippopus also 
historically occurred in Singapore (Neo and Todd 2012b and 2013) and 
the United States, although locations in the United States are not 
specified and no reference is provided.

[[Page 28955]]

[GRAPHIC] [TIFF OMITTED] TP26JN17.000

    According to Munro (1992), H. hippopus occurs in the widest range 
of habitat types of all the Tridacninae species. This species is 
seemingly equally comfortable on sandy atoll lagoon floors or exposed 
intertidal habitats, and similar to T. gigas, which is found in many 
habitats (e.g., high or low islands, lagoons, or fringing reefs; Munro 
1992).
Population Status and Abundance Trends
    Although an overall population abundance estimate or population 
trends for H. hippopus are not presented, the petitioner does provide 
some limited abundance information from various locations within the 
species' range. For example, the petition cites Tan and Yasin (2003) 
who state that giant clams of all species but T. crocea are considered 
endangered in Malaysia. The authors mention underwater surveys that 
reveal the ``distribution of giant clams are widespread but their 
numbers are very low,'' but there are no references provided by the 
authors to provide any more detail or support for this information, 
which makes it difficult to interpret this information for individual 
species. The only species-specific information for H. hippopus in this 
reference is that it occurs in Malaysian waters. The petition states 
that Brown and Muskanofola (1985) found that H. hippopus was locally 
extinct in Indonesia. Upon review of this reference, more specifically, 
the authors found many small shells of H. hippopus but no living 
specimens in their survey area of seven island transects in Central 
Java, Indonesia. The authors noted that because of time constraints, it 
was not possible to cover more than a very small proportion of the 
total area suitable for clam growth in Karimun Jawa. Thus, confining 
the survey to such a small area could have affected the results. 
Hernawan (2010) found small populations and evidence of recruitment 
failure in the six species found during a survey of Kei Kecil, 
Southeast-Maluku, Indonesia, including H. hippopus. The authors 
conducted giant clam surveys in nine sites out of the many thousands of 
islands that make up Indonesia. At another site in Indonesia, Eliata et 
al. (2003) reported an 84 percent decline in H. hippopus based on 
surveys of Pari Island from 1984 and 2003. This species is presumed 
nationally extinct in Singapore (Neo and Todd 2012a, 2013) and has been 
reported as extirpated from Fiji, Tonga, Samoa and American Samoa, 
Guam, the Mariana Islands, and Taiwan (Wells 1996a, Skelton et al. 
2002, Teitelbaum and Friedman 2008).
    The petition presents three references from the Philippines on H. 
hippopus. Villanoy et al. (1988) states this species has been 
overexploited based on the export volumes of giant clam shells. The 
petitioner claims densities of H. hippopus declined by 97 percent in 
Tubbataha Reef Park in the Philippines from 1995-2005 based on a survey 
by Dolorosa and Schoppe (2005). However, upon closer review of this 
reference, the data in Dolorosa and Schoppe (2005) indicating a 
substantial decline in H. hippopus density was taken from a single 
transect; as such, the authors concluded that a continuous decline of 
the Tridacnids (including H. hippopus) could not be confirmed. Finally, 
Salazar et al. (1999) did a stock assessment of giant clams (including 
H. hippopus) in the Eastern Visayas of the Philippines and found most 
of the populations were made up of juveniles with insufficient numbers 
of breeders to repopulate the region, although this reference was 
unavailable for review. Notably, the petition cites Thamrongnavasawat 
(2001) as reporting that H. hippopus is considered extinct in Mo Ko 
Surin National Park in Thailand, although the bibliographic information 
provided for this reference did not allow us to access it for review.
    While individually and collectively the studies discussed in this 
section represent a small portion of H. hippopus' total geographic 
range, localized declines and potential extirpations of this species in 
small areas are spread throughout its range and not confined to one 
area that may be disproportionately affected by some negative impact. 
Thus, the number and spatial distribution of localized severe

[[Page 28956]]

declines or extirpations in the context of the species' range may be 
contributing to an elevated extinction risk for this species such that 
it warrants further investigation.
Threats to Hippopus hippopus
    The petition presents three studies with species-specific 
information regarding threats to H. hippopus. Some historical 
information indicates that shells of H. hippopus (long extirpated in 
Fiji) occur in shell middens at the Lapita-era (1100-550 B.C.) 
settlements (Bourewa and Qoqo) along the Rove Peninsula in Fiji; the 
valve size and weight increase with depth (i.e., age) in the midden, 
suggesting that human consumption contributed to its local 
disappearance (Seeto et al. 2012). While this one piece of evidence 
does not constitute substantial information that overharvest may be 
acting or may have acted on H. hippopus as a species to the extent that 
it needs protection under the ESA, the threat of overexploitation will 
be evaluated in the status review. Blidberg et al. (2000) studied the 
effect of increasing water temperature on T. gigas, T. derasa, and H. 
hippopus at a laboratory in the Philippines. Hippopus hippopus 
experienced increased respiration and production of oxygen in elevated 
temperatures and was therefore more sensitive to higher temperature 
than the two other species tested. After 24 hours at ambient 
temperature plus 3 [deg]C, however, no bleaching was observed for any 
of the species. While we acknowledge the potential for ocean warming to 
have an effect on this species, this was a limited experiment, the 
results of which are difficult to interpret in terms of the potential 
species-level or even localized impacts of physiological stress due to 
elevated ocean temperatures in the wild in the context of this 
assessment. While this one study does not constitute substantial 
information that climate change may be acting on H. hippopus as a 
species to the extent that it needs protection under the ESA, the 
impacts of ocean warming will be further evaluated for H. hippopus in 
the status review based on the best available information.
    Finally, Norton et al. (1993) found two incidences of mortality in 
H. hippopus from rickettsiales-like organisms in cultured clams in the 
western Pacific, one in the Philippines and one in Kosrae. However, it 
is not uncommon among individuals cultured in close proximity to be 
afflicted with parasites or diseases that spread quickly (Norton et 
al., 1993). While this does not constitute substantial information that 
disease or parasites may be acting on H. hippopus as a species to the 
extent it needs the protections of the ESA, the threats of disease and 
parasites will be further evaluated in a forthcoming status review.
Conclusion
    In conclusion, the information provided on threats for this species 
is limited and the individual studies by themselves are not substantial 
information indicating the petitioned action may be warranted for the 
species. However, the evidence presented of localized declines or 
extirpations in different parts of the species' range does suggest that 
one or more threats may be acting on the species throughout all or a 
significant portion of its range and the petitioned action may be 
warranted. The number and spatial distribution of localized severe 
declines or extirpations in the context of the species' range may be 
contributing to an elevated extinction risk for this species such that 
it warrants further investigation. The best available information on 
the species' overall status and all potential threats will be evaluated 
in a forthcoming status review to determine what has potentially caused 
these declines and extirpations.

Hippopus porcellanus

Species Description
    The petition does not provide any descriptive information for H. 
porcellanus. We found some information in our files describing this 
species. Commonly known as the China clam, H. porcellanus grows to a 
maximum of 40 cm, but is commonly found up to 20 cm in shell length. 
The shell exterior is off-white, occasionally with scattered weak 
reddish blotches. The shell interior is porcelaneous white, more or 
less flushed with orange on the ventral margin, and the mantle ranges 
from a yellowish-brown, dull green or grey (Kinch and Teitelbaum 2009). 
This species can be distinguished from its congener, H. hippopus, by 
its smoother and thinner shells and presence of fringing tentacles at 
its incurrent siphon (Neo et al., 2015).
Life History
    Aside from the information already discussed previously in the 
Giant Clam Life History section, the petition did not provide any life 
history information specific to H. porcellanus, nor could we find any 
additional information in our files on the life history of this 
species.
Range, Habitat, and Distribution
    Hippopus porcellanus has one of the most restricted geographic 
ranges of the petitioned giant clam species. The petition notes that 
the species only occurs in Palau, Indonesia, and the Philippines based 
on the IUCN assessment (Wells 1996); however, in the population 
abundance and trends section, the petition notes the endangered status 
of H. porcellanus in Malaysia, placing its occurrence there as well.

[[Page 28957]]

[GRAPHIC] [TIFF OMITTED] TP26JN17.001

    H. porcellanus can be found in shallow waters on sandy bottoms of 
coral reefs. Young specimens are often attached to coral heads via 
their byssus, whereas mature individuals lack a byssus and lay 
unattached on the substrate (Rosewater 1982).
Population Status and Abundance Trends
    The petition does not provide an overall population abundance or 
trend estimate for H. porcellanus as a species throughout its range. 
The petition does, however, provide limited, localized information on 
the population status and abundance trends of H. porcellanus, with some 
information from Malaysia and the Philippines, but no species-specific 
information from other parts of the species' range, including Indonesia 
and Palau. As discussed in other species accounts, the petitioner cites 
Tan and Yasin (2003), who state that giant clams of all species but T. 
crocea are considered endangered in Malaysia. As noted previously, the 
authors mention underwater surveys that reveal that the ``distribution 
of giant clams are widespread but their numbers are very low,'' but the 
authors do not provide any references with any more detail or support 
for this information, which makes it difficult to interpret this 
information for individual species. The only species-specific 
information for H. porcellanus in this reference is that it is 
restricted to Sabah, Eastern Malaysia.
    The petition asserts that H. porcellanus is overexploited and 
depleted in the Philippines based on Villanoy et al., (1988) and Rubec 
et al., (2001). Villanoy et al., (1988) examined average size frequency 
distributions of giant clams harvested from the Sulu Archipelago and 
Southern Palawan areas from 1978 to1985, and determined that H. 
porcellanus was overexploited in the Philippines as early as the 1980s. 
The authors note that these findings have serious implications given 
that the Sulu Archipelago and Southern Palawan may be the last 
strongholds of all giant clam species occurring in Philippine waters. 
Rubec et al. (2001) more recently described H. porcellanus as 
``depleted,'' but they did not provide any references or additional 
detail to help us determine what they meant by ``depleted'' or how this 
current information relates to historical abundance of the species in 
Philippine waters. Without any quantitative information on abundance 
trends of H. porcellanus in the Philippines since the 1980s, it is 
difficult to determine what the present status of the species is in 
this portion of its range. However, we note that because H. porcellanus 
has an extremely restricted geographic range, occurring in only three 
countries, overexploitation in the Philippines gives cause for concern 
and warrants further investigation.
    While H. porcellanus also occurs in Indonesia and Palau, the 
petition did not provide any additional information regarding the 
species' status or abundance trends in these locations. The information 
provided by the petitioner for giant clams in Indonesia is from a 
location where H. porcellanus is not known to occur (i.e., Kei Kecil, 
Indonesia). We could not otherwise find any information in our files 
from Indonesia or Palau regarding the status of H. porcellanus in these 
locations.
    Overall, while the information presented in the petition is very 
limited regarding the species' current status and abundance trends 
throughout its range and would not in and of itself constitute 
substantial information, the species' range is significantly 
restricted. Therefore, given that the species only occurs in four 
countries, the information presented in the petition from the 
Philippines, albeit limited, gives cause for concern that the species 
may have an elevated extinction risk that warrants further 
investigation.
Threats to H. porcellanus
    The only species-specific information provided by the petition 
regarding threats to H. porcellanus is related to overutilization in 
the Philippines. As described in the Population Status and Abundance 
Trends section above, the

[[Page 28958]]

petitioner cited Villanoy et al. (1988) as evidence of overutilization 
of H. porcellanus. Villanoy et al. (1988) notes that giant clams have 
long been harvested by subsistence fishermen in the Indo-Pacific Region 
as a supplementary source of protein. Additionally, in some areas of 
the Philippines (e.g. Sulu Archipelago, Southern Palawan), giant clams 
are also harvested commercially for their shells. After examining 
average size frequency distributions of giant clams harvested from the 
Sulu Archipelago and Southern Palawan areas from 1978-1985, Villanoy et 
al. (1988) determined that H. porcellanus was overexploited in the 
Philippines as early as the 1980s, and is no longer commercially 
harvested. As noted previously, the Sulu Archipelago and Southern 
Palawan areas are thought to be the last strongholds of giant clams in 
Philippine waters. Therefore, the overexploitation of H. porcellanus as 
of the 1980s and its restricted range could have serious implications 
regarding the species' extinction risk. More recently, Rubec et al. 
(2001) similarly document that H. porcellanus has been depleted to such 
an extent that it is no longer commercially viable for harvesting in 
the Philippines.
Conclusion
    In conclusion, the information provided on population abundance and 
threats for this species is limited and by itself would not be 
considered substantial information indicating the petitioned action may 
be warranted. The individual studies presented are not compelling 
evidence of species level concerns for reasons discussed above. 
However, given the species' extremely restricted range, combined with 
evidence of localized declines and historical overutilization in the 
Philippines, we find the information compelling enough to conclude that 
the petitioned action may be warranted. The best available information 
on the species' overall population status and all potential threats 
will be evaluated in a forthcoming status review.

Tridacna costata (T. squamosina)

Species Description
    Tridacna costata has been described only recently (Richter et al., 
2008; bin Othman et al., 2010), but it has been shown to be a junior 
synonym of the previously described T. squamosina (Borsa et al., 
2015a). This species of giant clam grows to 32 cm (Neo et al., 2015) 
and features 5-7 deep rib-like vertical folds, resulting in a zig-zag 
dorsal shell margin. According to Richter et al., (2008), the mantle is 
most commonly a subdued brown mottled pattern; mantle margins are green 
with prominent ``wart-like'' protrusions and pale striations following 
mantle contour. These features (the pronounced rib-like vertical folds 
and the prominent wart-like protrusions on the mantle tissue) are the 
main diagnostic features that separate T. costata from its sympatric 
congeners. These features are conservatively present even in small 
clams <10 cm shell length (Richter et al., 2008).
Life History
    The petition itself does not describe any species-specific life 
history information for T. costata, but we found some limited 
information in one of the references provided that suggests a narrow 
reproductive period. Richter et al. (2008) found marked differences in 
the seasonal times of reproduction between T. costata and its Red Sea 
congeners (T. maxima and T. squamosa). Specifically, T. costata's 
reproductive period appears to be an early and brief period in spring, 
coinciding with the seasonal planktonic bloom (Richter et al., 2008). 
This narrow reproductive window may make T. costata particularly 
vulnerable to overfishing. The timing of T. costata's reproduction 
combined with the small diameter of the ova (75 2 [SEM] 
[mu]m) suggests a planktotrophic (i.e., feeding on plankton) 
development of the larvae. This contrasts with the lecithotrophic 
(i.e., yolk-feeding) and hence food-independent larval development in 
the summer-spawning T. squamosa and T. maxima, which also have much 
larger eggs (35 percent 1 percent and 41 percent 2 percent by volume, respectively; Richter et al., 2008).
Range, Habitat, and Distribution
    Among giant clam species, T. costata has one of the most restricted 
geographical ranges, occurring only in the Red Sea. Richter et al. 
(2008) describes the species as occurring throughout the northeastern 
Gulf of Aqaba (type locality), Sinai coast, western Gulf of Aqaba, 
northern Red Sea, and Egyptian mainland down to Hurghada and Safaga.

[[Page 28959]]

[GRAPHIC] [TIFF OMITTED] TP26JN17.002

    In a survey of giant clams in the Red Sea, Richter et al. (2008) 
noted that live specimens of T. costata were found exclusively in very 
shallow water including reef flats, seagrass beds, sandy-rubble flats, 
on slight depressions in barren rocky flats, or under branching corals 
or coral heads shallower than 2m. All clams were weakly attached to the 
substrate. Thus, unlike its Red Sea congeners T. maxima and T. 
squamosa, which have broad vertical ranges of distribution, T. costata 
is restricted to the reef top (Richter et al., 2008).
Population Status and Abundance Trends
    Given the recent description of this species, information on its 
current population status and abundance trends is limited. However, one 
available study suggests a significant historical decline of the 
species. Results of surveys along the shores and well-dated emerged 
reef terraces of Sinai and Aqaba show that T. costata comprised >80 
percent of giant clam stocks prior to the last interglacial period 
(122,000 to 125,000 years ago). Subsequently, the proportion of T. 
costata plunged to <5 percent in freshly discarded shell middens 
(Richter et al., 2008). Currently, the species is thought to represent 
less than one percent of the present giant clam stocks in the Red Sea. 
For example, in underwater surveys conducted in the Gulf of Aqaba and 
northern Red Sea, only 6 out of 1,000 live specimens belonged to the 
new species, with densities averaging 0.9 0.4 individuals 
per 1,000 m\2\. The highest numbers for the species occurred on 
offshore shoals in the Red Sea proper; however, adult broodstock was 
below detection in much of the study area (Richter et al., 2008). In 
fact, only 13 live individuals of T. costata were observed along the 
entire Jordanian Red Sea coast, which prevented collection of paratypes 
(Richter et al., 2008).
Threats to T. costata
    Based on the limited information in the petition, we determined 
that historical and ongoing overutilization may be a threat 
contributing to an elevated extinction risk for this species that 
warrants further investigation, particularly given the species' 
restricted geographic range and shallow depth distribution. In general, 
Tridacna stocks in the Red Sea have declined to less than 5 percent of 
their sizes in the 1980s and 1990s, largely due to artisanal reef-top 
gathering for meat and shells (Richer et al., 2008). Richter et al. 
(2008) notes that modern humans have likely been exploiting Red Sea 
mollusks for at least 125,000 years. Although natural disturbances may 
be responsible for variable rates of recruitment and mortality among 
the three Red Sea giant clam species, the substantial reduction in 
Tridacna size (equivalent to ~20-fold decrease in individual body mass 
and fecundity accompanying the species shift) strongly indicates 
overfishing (Richter et al., 2008). Further, given that T. costata is 
restricted to the shallow reef top (and thus more accessible to reef 
top gathering), it is likely that overutilization of the species has 
contributed to its significant decline. Therefore, we conclude that the 
petition presents substantial information that overutilization may be a 
threat contributing to an elevated extinction risk for this particular 
species.
Conclusion
    Based on the above information, we find that the petition presents 
substantial scientific and commercial information indicating that the 
petitioned action of listing T. costata as threatened or endangered may 
be warranted. Its highly restricted range, reduced abundance, low 
productivity (due to its narrow reproductive periodicity), and the 
threat of overutilization for commercial purposes may be contributing 
to an elevated risk of extinction such that the petitioned action may 
be warranted. The best available information on the species' overall 
population status and all potential threats will be evaluated in a 
forthcoming status review.

Tridacna derasa

Species Description
    The petition itself does not provide any descriptive information 
for T. derasa. Neo et al. (2015) report that T. derasa is the second 
largest species, growing up to 60 cm with heavy and plain shells, with 
no strong ribbing. According to Lewis et al. (1998), the maximum size 
recorded in Fiji, 62 cm, is well above that recorded by

[[Page 28960]]

Rosewater (1965, 51.4 cm) who, however, had access to only few 
specimens. Specimens greater than 50 cm in length are relatively 
common.
Life History
    The petition presents very limited life history information for T. 
derasa. The optimal reproductive season for T. derasa sampled from 
Michaelmas Cay was from September/October to November/December (Braley 
1988). Simultaneous hermaphroditism was found in 0 to 28 percent of 
sampled T. derasa. We found no additional life history information for 
this species in our files.
Range, Habitat, and Distribution
    The petition does not provide a description of the geographic range 
for T. derasa, but it was included in the range map provided for most 
of the petitioned species. The map includes all of Malaysia, but Tan & 
Zulfigar (2003) report that T. derasa is restricted to Sabah, Eastern 
Malaysia. Wells (1996) noted that T. derasa has been introduced during 
various mariculture efforts in areas including the United States (e.g., 
Hawaii) and the Federated States of Micronesia. bin Othman et al. 
(2010) reports T. derasa from Australia, Palau, Papua New Guinea (PNG), 
and the Philippines. Tridacna derasa is noted as an introduced species 
in the Cook Islands and Samoa (introduced for aquaculture purposes) and 
also reported from Fiji, FSM, the Marshall Islands, New Caledonia, 
Solomon Islands, Tonga, and Vanuatu (CITES 2009).
[GRAPHIC] [TIFF OMITTED] TP26JN17.003

    Tridacna derasa preferentially inhabits clear offshore or oceanic 
waters away from high islands with significant run-off of freshwater 
(Munro 1992). For example, it is not recorded from the Papuan Barrier 
Reef running along the south coast of PNG, nor from the fringing reefs 
of the north coast, but it does occur within a few miles of the 
southeast point of mainland PNG (Munro 1992). Large T. derasa were also 
commonly found at 10 to 20 m depth in the clear oceanic conditions of 
the windward islands and barrier reefs of eastern Fiji (Adams et al., 
1988). Lewis et al. (1988) reported that:

    T. derasa has a curious NW-SE distribution across the Indo-
Malayan region, and is not found east of Tonga or in equatorial 
areas east of Solomon Islands. In Fiji, the species is generally 
confined to clear oceanic outer lagoon areas, within the protection 
of well-developed barrier or fringing reefs. Occurring near the 
surface down to 25 m, T. derasa occurs in greatest density in the 
windward (eastern) islands of the Fiji group. Very high numbers 
(hundreds/hectare) are occasionally noted. It is rare or absent from 
high island fringing reefs and lagoons where salinity and water 
clarity are reduced by freshwater runoff, and from unprotected 
areas. Until a size of typically 30 cm is reached, the species is 
weakly byssally attached to coral pieces or rubble.

Population Status and Abundance Trends
    The petition does not provide estimates of population abundance or 
trends for T. derasa; however, the petition does provide some 
information on population status or trends from individual locations 
within the species' range. A small population of T. derasa (initial 
baseline survey counted 44 individuals) showed an annual mortality of 
4.4 percent at Michaelmas Cay on the Great Barrier Reef between 1978 
and 1985 (Pearson and Munro 1991). Rubec et al. (2001) notes that T. 
derasa, among other species, was depleted and no longer commercially 
harvestable in the Philippines, although the authors do not provide an 
original source of that information. Teitelbaum and Friedman (2008) 
refer to the extirpation of T. derasa in Vanuatu but do not provide a 
reference for that information. The authors also report that Vanuatu 
has a restocking program that includes T. derasa. Teitelbaum and 
Friedman (2008) report that the reintroduction of approximately 25,000 
T. derasa to Yap from neighboring Palau in 1984 resulted in only 
approximately 8 percent survival of the introduced

[[Page 28961]]

stock. However, these T. derasa matured, reproduced, and re-established 
viable populations on nearby reefs (Lindsay 1995). Surveys conducted by 
the Secretariat of the Pacific Community (PROC-Fish/C-CoFish 
programmes) noted the continued presence of T. derasa in Yap in low 
numbers in mid-2006.
    The petitioner cites Tan and Yasin (2003), stating giant clams of 
all species but T. crocea are considered endangered in Malaysia. The 
authors mention underwater surveys that reveal ``distribution of giant 
clams are widespread but their numbers are very low,'' but the authors 
did not provide any references with any more detail or support for this 
information, which makes it difficult to interpret this information for 
individual species. Brown and Muskanofola (1985) found only one 
individual of T. derasa during a survey carried out in Karimun Jawa, a 
group of islands off the north coast of Central Java, Indonesia, 
surmising the species was essentially functionally extinct in this 
area. At another site in Indonesia, the petition cites Hernawan (2010), 
stating that they found small populations and evidence of recruitment 
failure in the six species found during a survey of Kei Kecil, 
Southeast-Maluku, including T. derasa. The authors conducted giant clam 
surveys in nine sites in this area. However, Indonesia encompasses 
thousands of islands and T. derasa occurs in other locations throughout 
Indonesia (Hernawan 2010). Therefore, these two studies represent a 
small sample of T. derasa abundance in Indonesian waters.
    Hardy and Hardy (1969) did a seminal study of ecology of Tridacna 
in Palau in the 1960s where T. derasa and T. gigas made up the largest 
proportion of the standing crop biomass because of their size. Hester 
and Jones (1974) recorded densities of 50 T. gigas and 33 T. derasa per 
hectare at Helen Reef, Palau; the petition notes that this study was 
conducted before these stocks were ``totally decimated by distant-water 
fishing vessels,'' but provides no information or references to 
document this ``decimation.''
    While individually and collectively, the studies discussed in this 
section represent a small portion of T. derasa's total geographic 
range, the small population sizes and extirpations of this species in 
small areas are spread throughout its range and are not confined to one 
or few areas that may be disproportionately affected by some negative 
impact. Therefore, the number and spatial distribution of small 
populations or local extirpations in the context of the species' range 
may be contributing to an elevated extinction risk for this species 
such that it warrants further investigation.
Threats to T. derasa
    Beyond the generalized threats to all giant clam species discussed 
above, the petition presents little information on threats to T. derasa 
specifically. According to Munro (1992), historical commercial 
fisheries appear to have been confined to long-range Taiwanese fishing 
vessels, which targeted the adductor muscles of the larger species 
(e.g., T. gigas and T. derasa). There are anecdotal claims in several 
of the references discussed above that harvest led to low population 
levels at certain study sites (e.g. Rubec et al., 2001, Teitelbaum and 
Friedman 2008, Tan and Yasin 2003, Brown and Muskanofola 1985, and 
Hernawan 2010), but none of those studies provide empirical evidence of 
declining trends or of potential causes of low population numbers. The 
petition cites Lewis et al. (1988), stating that the Fijian fishery for 
T. derasa landed over 218 tons over a 9-year period, with the largest 
annual harvest totaling 49.5 tons and which is ``thought to have 
removed most of the available stock.'' We find this to be a slight 
mischaracterization of what Lewis et al. (1988) state about T. derasa 
in Fiji based on 26 surveys between 1984-1987:

    Tridacna derasa: Widespread throughout the group, but generally 
rare on the fringing reefs of the main islands where terrestrial 
influence is strong, and in the leeward islands (yasawas) where 
sheltered oceanic lagoons are generally wanting. In 1984-85, there 
were still abundant populations on various reefs in the windward 
(Lau, Lomaiviti) islands, but subsequent commercial harvest has 
considerably reduced these numbers. Isolated pockets still remain 
and should be protected. Densities on inhabited windward islands 
generally low, with remaining individuals in deeper water (10 m 
plus). Further commercial harvests for export should be prohibited.

    According to CITES documents, commercial harvest for export is now 
prohibited in Fiji and the fisheries department cultures clams, 
including T. derasa, for restocking programs. Wild populations have 
been improving; currently reseeding occurs mostly in marine protected 
areas with 200 sites reseeded annually (CITES 2009). However, 
challenges remain for poaching at night.
    A 2004 CITES trade review for T. derasa indicates that out of 11 
countries where T. derasa is traded, one was assessed as ``Urgent 
Concern'' (Tonga), two as ``Possible Concern,'' and the remaining eight 
as ``Least Concern.'' The review also notes that international trade in 
T. derasa was reported from an additional 14 countries not selected for 
review and that for most countries no population monitoring seems to be 
in place and harvest and use of giant clams are inadequately regulated 
or not at all.
    The petition cites Bliderg (2000), who studied the effect of 
increasing water temperature by 3 [deg]C on cultured T. derasa, and 
several other species, for 24 hours. Results showed reduced gross 
production and decreased respiration of oxygen in response to the 
temperature increase however, different species of clams demonstrated 
different results, indicating different strategies for dealing with 
heat stress. None of the treated specimens exhibited any bleaching 
during the experiment. We acknowledge these results, but note they are 
not easily interpreted to determine potential individual or species 
level effects over time and/or space for T. derasa. The clams used in 
the experiment were cultured and not harvested from the wild. Cultured 
specimens are likely to experience much more uniform environments and 
are likely not acclimated to the common daily fluctuations in many 
environmental parameters experienced in the wild. As such, their 
responses to abrupt changes in their environment may differ from those 
of wild specimens. Given the heterogeneity of the species' habitat and 
current environmental conditions across its range, these results are 
not compelling evidence of a threat related to increased water 
temperature that is acting or will act on T. derasa to the extent that 
the petitioned action may be warranted.
Conclusion
    In conclusion, the information provided on threats for this species 
is limited and by itself would not be considered substantial 
information indicating the petitioned action may be warranted. The 
individual studies presented are not compelling evidence of species 
level concerns for reasons discussed above, however, taken together 
they provide sufficient evidence such that further investigation is 
warranted. The evidence presented of small, localized populations or 
extirpations in different parts of the species range is compelling 
enough to conclude that the petitioned action may be warranted. The 
best available information on all potential threats to the species will 
be evaluated in a forthcoming status review to determine what has 
potentially caused the observed declines and extirpations, and the 
extent to which such declines have occurred.

[[Page 28962]]

Tridacna gigas

Species Description
    Tridacna gigas is the largest of all the giant clam species, 
growing to a maximum shell length of 137 cm, with weights in excess of 
200 kg. However, the species is most commonly found at lengths up to 80 
cm (Neo et al., 2015; Kinch and Teitelbam 2009). The shell exterior is 
off-white and is often strongly encrusted with marine growths. The 
shell interior is porcellaneous white, and the mantle is yellowish 
brown to olive green, with numerous, small, brilliant blue-green rings, 
particularly along the lateral edges (Kinch and Teitelbaum 2009). This 
species may be readily identified by its size and by the elongate, 
triangular projections of the upper margins of the shells (Lucas 1988).
Life History
    In addition to the Life History section above on giant clams in 
general, the petition provided some species-specific life history 
information for T. gigas. The petition cited Braley (1988), who found 
that the optimal reproductive season for T. gigas sampled from 
Michaelmas Cay and Myrmidon Reef in Australia was October to February. 
Munro (1992) noted that spawning of T. gigas is restricted to a short 
summer season in the central region of the Great Barrier Reef. For T. 
gigas, von Bertalanffy growth parameter estimates include an asymptotic 
length (L[infin]) of 80 cm, growth coefficient (K) of 0.105, and a 
theoretical date of `birth' (t0) of 0.145 (Neo et al., 2015). According 
to Branstetter (1990), growth coefficients (K) falling in the range of 
0.05-0.10/yr are for slow-growing species; 0.1-0.2 for a moderate-
growing species; and 0.2-0.5 for a fast-growing species. Under these 
parameters, the giant clam T. gigas is considered a moderate-growing 
species. However, the petition notes that there are major differences 
between typical non-symbiotic bivalves and T. gigas regarding the 
relative allocations of energy to respiration and growth. For example, 
Klumpp et al. (1992) showed that T. gigas is an efficient filter-feeder 
and that carbon derived from filter-feeding in Great Barrier Reef 
waters supplies substantial proportions of the total carbon needed for 
respiration and growth.
Range, Habitat, and Distribution
    Prior to the rapid escalation of the aquarium trade, T. gigas could 
be found throughout the shallow tropical waters of the Indian and 
Pacific oceans; however, the recent fossil record, together with 
historical accounts show that the range of T. gigas has been 
dramatically reduced (see the Population Status and Abundance Trends 
section below; Munro 1992; bin Othman et al., 2010). The species' range 
once extended from East Africa to Micronesia and Australia to Japan. 
Like other giant clam species, T. gigas is typically associated with 
coral reefs and can be found in many habitats, whether high- or low-
islands, lagoons or fringing reefs (Munro 1992).
[GRAPHIC] [TIFF OMITTED] TP26JN17.004

Population Status and Abundance Trends
    The petition does not provide overall estimates of population 
abundance or trends for T. gigas. The petition does provide several 
lines of evidence that T. gigas has experienced a number of local 
extirpations in various locations throughout its range. Munro (1992) 
reports that while relict stocks of T. gigas occur in Indonesian, 
Malaysian, and Philippines waters and possibly on the west coast of 
Thailand and in southern Burma, in most cases it appears that these 
stocks are functionally extinct because of the wide dispersal of the 
survivors, making successful fertilization unlikely. In a more recent 
survey from Indonesian waters, T. gigas was surprisingly found in 
Ohoimas, where it was previously believed to be extinct (Hernawan 
2010). However, only four individuals were found in only one of nine 
sites surveyed. Additionally, several sources (Munro 1992; Teitelbaum 
and Friedman 2008; Kinch and Teitelbaum 2009) note

[[Page 28963]]

local extirpations of T. gigas have occurred in the Commonwealth of the 
Northern Mariana Islands, Federated States of Micronesia (Yap, Chuuk, 
Pohnpei, and Kosrae), Fiji, Guam, New Caledonia, Taiwan, Ryuku Islands 
(Japan), and Vanuatu. Neo and Todd (2012a, 2013) report that T. gigas 
is also nationally extinct in Singapore. In Australia, the T. gigas 
population from the Great Barrier Reef is essentially a relict 
population, consisting primarily of large adult clams; the lack of 
younger, faster-growing T. gigas clams is likely the reason for the 
species' low annual production of new biomass (Neo et al., 2015). 
Further, Kinch and Teitelbaum (2009) also report declining stocks of T. 
gigas across the three main island groups in Kiribati.
    Thus, while quantitative abundance estimates are unavailable for T. 
gigas throughout its range, the numerous local extirpations of T. gigas 
documented across a large portion of its range may be contributing to 
an elevated extinction risk for this species such that it warrants 
further investigation.
Threats to T. gigas
    As noted previously, giant clams in general are considered a 
valuable fishery target in many countries, with uses for both local 
consumption and commercial trade. Based on information in the petition 
and our files, it is clear that T. gigas is the most heavily exploited 
species of all giant clams, which has likely led to its substantial 
declines and extirpations in a number of locations throughout its 
range. As discussed previously in the general threats section for giant 
clams, the petition emphasizes the threat of the growing giant clam 
industry in China, largely the result of improved carving techniques, 
tourism in Hainan, China, the growth in e-commerce, and the domestic 
Chinese wholesale market (Larson 2016). The petition also raises 
concerns that stricter enforcement of the trade in ivory products has 
diverted attention to giant clam shells (McManus 2016). The petition 
points out that the giant clam (T. gigas) is preferentially targeted 
for international trade due to its large size and because it is 
considered a desirable luxury item in China thought to confer 
supernatural powers and improve health. As noted previously, a pair of 
high quality shells (from one individual) can fetch up to US $150,000. 
Therefore, the high value and demand for large T. gigas shells may be a 
driving factor contributing to overutilization of the species.
Conclusion
    Overall, we conclude that the information presented in the petition 
and our files provides substantial evidence that the petitioned action 
for T. gigas may be warranted. This species has likely experienced 
significant population declines and local extirpations in several 
locations throughout its range, likely due to historical and ongoing 
overutilization for commercial purposes and further investigation is 
warranted. The best available information on its overall status and all 
potential threats to the species will be evaluated in a forthcoming 
status review.

Tridacna squamosa

Species Description
    Although the petition notes that T. squamosa, also known as the 
fluted clam, grows to 19 cm based on Neo et al. (2015), we find this 
information is in error. Neo et al. (2015) report shell lengths of up 
to 40 cm for the species, and information in our files suggests it is 
most commonly found at lengths up to 30 cm (Kinch and Teitelbaum 2009). 
The shell exterior is described as ``greyish white, often with 
different hues of orange, yellow, or pink to mauve, and with the blade-
like scales commonly of different shades or color'' (Kinch and 
Teitelbaum 2009). The shell interior is porcelaneous white, 
occasionally tinged with orange, and the mantle is mottled in various 
mixes of green, blue, brown, orange, and yellow (Kinch and Teitelbaum 
2009).
Life History
    Aside from the general giant clam life history information already 
discussed previously in the Giant Clam Life History section, the 
petition provided little information specific to T. squamosa. Tridacna 
squamosa is a mixotroph whose photoautotrophic range is extended by 
heterotrophy. We found that T. squamosa reaches sexual maturity at 
sizes of 6 to 16 cm, which equates to a first year of maturity at 
approximately 4 years old (CITES 2004a).
Range, Habitat, and Distribution
    Tridacna squamosa has a widespread distribution across the Indo-
Pacific, but is slightly more restricted than T. maxima (Munro 1992). 
Its range extends from the Red Sea and East African coast across the 
Indo-Pacific to the Pitcairn Islands. It has also been introduced in 
Hawaii (CITES 2004a). The species' range also extends north to southern 
Japan, and south to Australia and the Great Barrier Reef (bin Othman et 
al., 2010). This range description reflects the recent range extension 
of T. squamosa to French Polynesia as a result of observations by 
Gilbert et al. (2007). The petition notes that T. squamosa occurred in 
Singapore and the United States historically; however, there is no 
supporting reference or evidence provided of the species' occurrence in 
the United States or its territories.

[[Page 28964]]

[GRAPHIC] [TIFF OMITTED] TP26JN17.005

    Tridacna squamosa is usually found near reefs or on sand; it is 
found attached by its byssus to the surface of coral reefs, usually in 
moderately protected areas such as reef moats in littoral and shallow 
water to a depth of 20 m (Kinch and Teitelbaum 2009). This species 
tends to prefer fairly sheltered lagoon environments next to high 
islands; however, T. squamosa appears to be excluded by T. maxima in 
the closed atoll lagoons of Polynesia (Munro 1992). Neo et al. (2009) 
found that T. squamosa larvae, like many reef invertebrates, prefer 
substrate with crustose coralline algae. Tridacna squamosa is also 
commonly found amongst branching corals (staghorn, Acropora spp.; CITES 
2004a)
Population Status and Abundance Trends
    The petition provides limited some information regarding the 
species' population status and trends from Singapore, Samoa, and 
individual sites in Malaysia, Philippines, Indonesia, and Thailand.
    The petitioner states that T. squamosa is functionally extinct in 
Samoa based on a study from western Samoa (Zann and Mulipola 1995). 
This study relied on a range of low technology methods developed for 
rapid environmental and fisheries assessments. Fisheries surveys were 
conducted via interviews and surveys of fishermen and households, and 
results were compared with commercial market landings from the Apia 
municipal fish market on the island of Upolu. From 1985 to1990, annual 
landings of all giant clams dropped from 10 metric tons to 0.1 metric 
tons and field surveys indicated that T. squamosa was so rare it was 
functionally extinct. The authors note that fishing effort also 
declined around 35 percent between 1983 and 1991, which is considered 
to be partially responsible for the declines in landings, although 
other factors likely contributed (e.g., overfishing of inshore stocks, 
use of destructive fishing techniques, etc.). Information in our files 
suggests that this species has been the subject of restocking efforts 
in Samoa. Since 1988, T. squamosa has been trans-located from Palau, 
Tokelau, and Fiji to restock populations in Samoa under the Samoan 
Community-based Fisheries Management program (Kinch and Teitelbaum 
2009).
    In Singapore, Neo and Todd (2012a) surveyed 29 reefs, covering an 
estimated 87,515 m\2\ and observed 28 T. squamosa individuals, which 
was double the number observed in a 2003 survey of only 7 reefs and a 
little over 9,000 m\2\ by Guest et al. (2008). However, Neo and Todd 
(2012a) estimate T. squamosa density to be 0.032 per 100 m\2\, which is 
five times lower than the 0.16 per 100 m\2\ measured in 2003 (Guest et 
al., 2008). They go on to propose that habitat loss, exploitation, and 
or sediment have synergistically led to the endangered status of T. 
squamosa in Singapore's waters. Neo and Todd (2013) make a similar 
conclusion, stating that ``the low density and scattered distribution 
of the remaining T. squamosa in Singapore are likely to significantly 
inhibit any natural recovery of local stocks.'' However, the authors 
specifically make the point that the status of a species at a small 
scale (individual country or an island as may be the case for 
Singapore) is most often not representative of its global status. Any 
species, especially one with a large range like T. squamosa, will have 
variable statuses at smaller scales in different habitats due to a 
variety of factors. Singapore is a small and densely populated island 
nation known for particularly high anthropogenic impacts in its 
nearshore waters. The information in Neo and Todd (2012a 2012b and 
2013) is informative for resource managers in Singapore and indicates a 
very low population and density of T. squamosa. However, it is unclear 
how the current information relates to historical abundance of this 
species at this location. In addition, it is not necessarily useful for 
assessing the global status of T. squamosa because Singapore is a very 
small proportion of the overall species' range and is not a 
representative environment of the rest of the species' range.
    The petitioner cites Tan and Yasin (2003), stating that giant clams 
of all species but T. crocea are considered

[[Page 28965]]

endangered in Malaysia. As discussed previously, the authors of this 
study mention underwater surveys that reveal that the ``distribution of 
giant clams are widespread but their numbers are very low.'' However, 
there are no references provided by the authors to provide any more 
detail or support for this information, which makes it difficult to 
interpret this information for individual species. The only species-
specific information for T. squamosa in this reference is that it 
occurs in Malaysian waters.
    The petitioner cites Thamrongnavasawat et al. (2001) as saying T. 
squamosa are now considered ``scarce'' throughout Thailand. However, 
the link provided in the bibliography to access this reference was not 
functional, and we were otherwise unable to obtain and review this 
reference to determine what the authors meant by ``scarce'' or on what 
evidence this statement was based. However, the petitioner provides 
other studies from Thailand indicating that the species has likely 
undergone significant declines in this area. For example, 
Chantrapornsyl et al. (1996) documented heavy exploitation and local 
extirpation of T. squamosa in the Andaman Sea. Kittiwattanawong (1997) 
also concluded that T. squamosa was rare in the same area. Tridacna 
squamosa was also deemed ``near extinct'' in Mo Ko Surin National Park 
in Thailand (Dolorsa and Schoppe 2005).
    Villanoy et al. (1988) examined average size frequency 
distributions of T. squamosa harvested from the Sulu Archipelago and 
Southern Palawan areas in the Philippines from 1978 to 1985, and 
determined that estimates of exploitation rates indicate that 
populations of these species are overexploited. The petitioner asserts 
that these findings have serious implications given that the Sulu 
Archipelago and Southern Palawan are thought to be the last strongholds 
of giant clams species occurring in Philippine waters. Dolorosa and 
Schoppe (2005) also report that T. squamosa had very low densities in 
surveys conducted in Tubbataha Reef National Marine Park in the 
Philippines. The authors note that because of the species' low 
settlement, survival and growth on live coral substrate, it would take 
hundreds of years for the stock to be re-established, particularly in 
isolated areas. However, the authors also note that the numbers seen at 
Tubbataha Marine Park are significantly lower than in other areas of 
the Philippines; therefore, the situation in the marine park may not be 
representative of the species' status across the Philippines as a whole 
(Dolorosa and Schoppe 2005). The petitioner also cited a stock 
assessment conducted in Eastern Visayas, in the Philippines (Salazar et 
al., 1999), which showed that while T. squamosa are common in the Samar 
Sea and San Pedro Bay, most of the giant clams surveyed were in the 
juvenile stage with no breeders left to repopulate the area. However, 
the Marine Science Institute (MSI) at the University of the Philippines 
has a long and successful record of rearing, having cultured giant 
clams to restore depleted supplies for the last 20 years. In fact, more 
than 40 sites have received cultured clams and MSI promotes giant clam 
farming as a sustainable livelihood with restocking activities 
occurring in collaboration with local groups (bin Othman et al., 2010).
    As discussed previously, the petition also broadly states that all 
six giant clam species occurring in Indonesia, including T. squamosa, 
are experiencing recruitment failure based on a single study from Kei 
Kecil, Southeast-Maluku, Indonesia (Hernawan 2010). Hernawan (2010) 
conducted giant clam surveys in 9 sites; however, Indonesia encompasses 
thousands of islands and T. squamosa occurs in several other locations 
throughout Indonesia (Hernawan 2010). Thus, this study represents a 
very small sample of T. squamosa abundance in Indonesian waters, with 
no evidence provided to suggest that recruitment failure of T. squamosa 
is occurring throughout Indonesia.
    Overall, given the extensive range of T. squamosa, the information 
provided in the petition is limited regarding the population status and 
abundance trends of the species throughout its range. While we 
acknowledge that in some locations (primarily Southeast Asia), 
abundance and/or density of T. squamosa may be low, the petition did 
not provide any information regarding the species' status from a large 
majority of its range. For example, in addition to countries in 
Southeast Asia, T. squamosa can be found throughout Oceania (e.g., 
Australasia, Melanesia, Micronesia and Polynesia). The species also 
inhabits coastlines of the Indian Ocean and has a relatively 
cosmopolitan distribution in this region (bin Othman et al., 2010). 
Thus, no information was presented in the petition for an entire two 
thirds or more of the species' range (i.e., Oceania (with the exception 
of Samoa), eastern Africa, and the Indian Ocean). However, a lack of 
information on its own does not mean the action may not be warranted if 
the lack of information itself may be considered a risk to the species. 
In this case, given that the only information we have indicates 
historical declines, low population levels, and notably local 
extirpations in some locations, we conclude that the information 
presented in the petition regarding the species' abundance and 
population trends is compelling enough to warrant further investigation 
in a forthcoming status review.
Threats to T. squamosa
    Given that T. squamosa is a large, free-living species of giant 
clam, it is easier to remove from the reef (Neo and Todd 2013), which 
makes it more susceptible to harvest for local consumption and/or 
commercial purposes. Some information (albeit limited) provided by the 
petition suggests that T. squamosa may be overexploited in some 
locations. As discussed earlier in the Population Status and Abundance 
Trends section for T. squamosa, estimates of exploitation rates from 
the Sulu Archipelago and Southern Palawan areas of the Philippines from 
1978 to 1985 indicate that populations of T. squamosa were 
overexploited.
    Information in our files indicates that T. squamosa is important in 
the subsistence fishery of Papua New Guinea. A commercial fishery for 
giant clams previously operated in the Milne Bay Province, whereby 
approximately 150 tonnes of giant clam adductor muscle were exported, 
as well as one large shipment of 16 tonnes of giant clam shells. 
However, this fishery has been closed since 2000 and we could not find 
any additional information in our files regarding the utilization of T. 
squamosa in Papua New Guinea. We also found some information regarding 
the reported functional extinction of this species in Samoan waters, 
and acknowledge that the significantly low density of T. squamosa in 
Samoa is largely attributed to overfishing (Kinch and Teitelbaum 2009); 
however, as noted previously, to mitigate low populations, restocking 
efforts have been underway in Samoa since the 1980s, and from 1998 to 
2000, Samoa has seen the importation of several giant clam species, 
both larvae and `yearlings,' for restocking purposes under the Samoan 
Community-based Fisheries Management program (Kinch and Teitelbaum 
2009). Nevertheless, we cannot confirm whether this restocking program 
has been successful for T. squamosa.
    In terms of commercial trade, a significant trade review was 
conducted in 2004 for 27 countries that trade in T.

[[Page 28966]]

squamosa to identify potential areas of concern. Of the 27 countries 
reviewed, 24 were deemed to be of ``least concern'' for various 
reasons; the respective countries had either not reported any trade, or 
trade levels were minimal or export numbers were low. Two countries 
(Marshall Islands and Tonga) were deemed to be of ``possible concern'' 
and only one country (Vietnam) was categorized as ``urgent concern.'' 
These designations were made largely because trade of the species 
continues despite export bans or because, in the case of Vietnam, 
significant trade was occurring (e.g., 74,579 live T. squamosa clams 
were exported from 1994 to 2003) with a lack of information on 
population monitoring or the basis for non-detriment findings under 
CITES. Additionally, in the case of the Marshall Islands, where trade 
seems to continue despite export bans, the review also notes that 
several small-scale operations were producing farmed (i.e., captive-
bred) T. squamosa in the 1990s for the aquarium trade and for reseeding 
depleted areas, and that records of trade in wild rather than captive-
bred specimens may be a result of misreporting by importing parties 
(CITES 2004a). Based on the information presented in the petition and 
in our files summarized here, we cannot conclude that there is 
sufficient evidence to suggest that trade of T. squamosa is an 
operative threat that acts or has acted on the species to the point 
that the petitioned action may be warranted.
    Overall, the species-specific information in the petition and in 
our files to support the claim that T. squamosa is experiencing 
overutilization to the point that the petitioned action may be 
warranted is limited, particularly given the broad geographic range of 
the species. While there are anecdotal claims in several of the 
references that are discussed above that low population levels at 
certain study sites are due to harvest (i.e., Teitelbaum and Friedman 
2008, Tan and Yasin 2003, and Hernawan 2010), none of those studies 
provide empirical evidence of declining trends.
    In addition to overutilization, the petitioner also claims that T. 
squamosa is at risk of extinction due to climate change-related 
threats, including ocean warming and acidification. In Singapore, local 
bleaching of T. squamosa was observed during a high sea surface 
temperature event in June 2010 (Neo and Todd 2013); however, no other 
information was provided regarding the extent of bleaching that 
occurred nor whether the species experienced significant mortality as a 
result. In a lab experiment using cultured clams, short-term 
temperature increases of 3 [deg]C resulted in T. squamosa clams 
maintaining a high photosynthetic rate but displaying increased 
respiratory demands (Elfwing et al., 2001). Finally, Watson et al. 
(2012) showed that a combination of increased ocean CO2 and 
temperature are likely to reduce the survival of T. squamosa. 
Specifically, in a lab experiment, T. squamosa juvenile survival rates 
decreased by up to 80 percent with increasing pCO2 and 
decreased with increasing seawater temperature for a range of 
temperatures and pCO2 combinations that mimic those expected 
in the next 50 to 100 years.
    We acknowledge these results, but they are not easily interpreted 
into potential species level effects over time and/or space for T. 
squamosa. First, the clams used in the experiments were cultured and 
not harvested from the wild. Cultured specimens are likely to 
experience much more uniform environments and are likely not acclimated 
to the common daily fluctuations in many environmental parameters 
experienced in the wild. As such, they may react differently than wild 
specimens to abrupt changes in their environment. Additionally, 
information and references in our files acknowledge that there are 
limitations associated with applying results from laboratory studies to 
the complex natural environment where impacts will be experienced 
gradually over the next century at various magnitudes in a non-uniform 
spatial pattern. In general, lab experiments presented do not reflect 
the conditions the petitioned species will experience in nature; 
instead of experiencing changes in levels of ocean warming and 
acidification predicted for the end of the century within a single 
generation, species in nature are likely to experience gradual 
increases over many generations. However, we recognize that because 
giant clam species are likely long-lived, they likely have longer 
generation times, and thus, giant clams born today could potentially 
live long enough to experience oceanic conditions predicted late this 
century (Watson et al., 2012). Overall, the information regarding 
negative species-specific impacts from climate change to T. squamosa is 
limited; however, we will thoroughly review climate change related 
threats and their potential impacts to T. squamosa in a forthcoming 
status review.
Conclusion
    In conclusion, the information provided on threats for this species 
is limited and by itself would not be considered substantial 
information indicating the petitioned action may be warranted. However, 
combined with the evidence presented of small, localized populations or 
extirpations in different parts of the species' range, we conclude the 
information presented in the petition is compelling enough to conclude 
that the petitioned action may be warranted. Therefore, we conclude 
that the number and spatial distribution of localized severe declines 
or extirpations in the context of the species' range may be 
contributing to an elevated extinction risk for this species such that 
it warrants further investigation. Thus, the best available information 
on overall status and potential threats to the species will be 
evaluated in a forthcoming status review to determine what has 
potentially caused these declines and extirpations and the overall 
extinction risk for the species.

Tridacna tevoroa

Species description
    Tridacna tevoroa is another recently described species that has 
been shown to actually be a junior synonym of a previously described 
species, T. mbalavauna (Borsa et al., 2015a). The petition notes that 
T. tevoroa looks most like T. derasa in appearance, but can be 
distinguished by its rugose mantle, prominent guard tentacles present 
on the incurrent siphon, thinner valves, and colored patches on shell 
ribbing (Neo et al., 2015). T. tevoroa has an off-white shell exterior, 
often partially encrusted with marine growths. The shell interior is 
porcellaneous white, with a yellowish brown mantle (Kinch and 
Teitelbaum 2009). It can grow to just over 50 cm long (Neo et al., 
2015).
Life History
    Aside from what has already been discussed in terms of life history 
information for giant clams in general (refer back to the Giant Clam 
Life History section above), the petition did not describe any species-
specific life history information for T. tevoroa. However, in one of 
the references cited by the petitioner we found some additional 
information related to spawning of T. tevoroa clams. During a study of 
spawning and larval culture of T. tevoroa (Ledua et al., 1993), 
successful spawning of T. tevoroa at the Tonga Fisheries Department in 
late October 1991 indicates that this species has a breeding season 
that may be

[[Page 28967]]

similar to that of T. derasa. Ledua et al. (1993) describe that the 
breeding season of T. derasa on the Great Barrier Reef in Australia is 
from late winter-early spring to early summer and virtually all 
individuals are spent by mid-December. In Fiji, the breeding program 
for this species is from July to October and in Tonga from September to 
late November (Ledua et al., 1993). It must be noted that the examples 
of the breeding season of T. derasa given here are from higher 
latitudes within the tropics (17[deg]-21[deg]S), while there is 
evidence from hatchery spawnings at lower latitudes (Palau, 7[deg]N) 
that T. derasa has an almost full year breeding season (Heslinga et 
al., 1984 cited in Ledua et al., 1993).
Range, Habitat, and Distribution
    Tridacna tevoroa appears to have a restricted distribution. 
Although the petition says that T. tevoroa is restricted to Tonga and 
Fiji, information in our files indicates that this species was recently 
observed in the Loyalty Islands of New Caledonia as well (Kinch and 
Tietelbam 2009). Tridacna tevoroa can typically be found on sand in 
coral reef areas. In Fiji, T. tevoroa live along outer slopes of 
leeward reefs, in very clear, oceanic water at 9-33 m depth (Ledua et 
al., 1993). Based on the distribution of adults in Fiji and Tonga, it 
appears that juveniles settle on slopes of off-shore reefs in deep 
(down to 33 m) oceanic waters. However, juvenile T. tevoroa have never 
been found in nature (Klump and Lucas 1994).
[GRAPHIC] [TIFF OMITTED] TP26JN17.006

    Tridacna tevoroa has a unique depth distribution among the giant 
clam species; it is the only species to occur in depths below 20 m. In 
order to better understand how T. tevoroa survives in deeper waters, 
Klumpp and Lucas (1994) compared nutrition of T. tevoroa with T. derasa 
in Tonga, where rates of filter-feeding, respiration and the 
photosynthesis-irradiance response were measured in clams of a wide 
size range (ca 20 mm to ca 500 mm). Only T. tevoroa significantly 
increased its photosynthetic efficiency with increasing depth. In a 
study on spawning and larval culture of T. tevoroa clams, individuals 
were collected from waters of Fiji and Tonga (Ledua et al., 1993). The 
mean depth of clams collected in Fiji was 27.4 m, with samples 
collected from depths ranging from 20 to 33 m. All specimens were found 
on the leeward side of reefs and islands. Ledua et al., (1993) notes 
that: ``Many of the clams found in Tonga were adjacent to the edge of a 
sand patch and cradled against rocky outcrops, rubble or bare rock with 
steep slopes.'' During the SCUBA search in February 1992 in Ha'apai 
(Tonga), two of the authors notably found a considerable number of T. 
tevoroa on live coral (whereas in Fiji, these clams have not been found 
on live coral, possibly because little live coral was found at this 
depth in the Lau Islands group). About half of the clams in Tonga were 
found on the leeward and half on the windward side of reefs. However, 
windward sides of reefs were still somewhat protected within barrier 
islands or reefs, and no search has yet been made on outer windward 
reefs (Ledua et al., 1993). Overall, spatial distribution of T. tevoroa 
appears to be very sparse, with single individuals being found at most 
locations, although clumps of four individuals were seen twice and 
other smaller clumps were seen in Tonga, which could represent small 
breeding groups for this species (Ledua et al., 1993). Given the large 
areas of suitable reefs and shoals with typical habitat for T. tevoroa, 
Ha'apai, Tonga may be the center of distribution and largest repository 
of this newly-described species (Ledua et al., 1993).
Population Status and Abundance Trends
    The petition provides only one reference for T. tevoroa with regard 
to its population status or abundance trends. Ledua et al. (1993) 
describes T. tevoroa as a rare species and notes that few specimens 
have been found live in Fiji, and only recently larger numbers of this 
species have been found in Tongan waters. Anecdotal reports from one 
diver from Uiha Island, Ha'apai, Tonga note that the species was 
historically more abundant in shallow waters during

[[Page 28968]]

the 1940s (Ledua et al., 1993). Based on this limited information, the 
petitioner speculates that T. tevoroa has declined significantly in 
accessible waters and states that the species' current abundance is 
likely lower than historical levels. However, the petitioner did not 
provide any additional references or supporting information to 
substantiate the claim regarding the species' current population 
status. The petitioner also provided no additional information 
regarding the species' population status or abundance trends from other 
portions of its range (i.e., Fiji or New Caledonia). Nonetheless, given 
that the species is described as rare, has one of the most restricted 
ranges of the giant clam species, and has likely undergone some level 
of population decline in its potential center of distribution (i.e., 
Tonga), we find this information may indicate an elevated extinction 
risk for this species, and is compelling enough to warrant further 
investigation.
Threats to Tridacna tevoroa
    Very little species-specific information on threats is presented in 
the petition for T. tevoroa. Aside from what has already been discussed 
regarding the threat of overutilization of giant clams in general 
(refer back to the Threats to Giant Clams section above), the petition 
provides very limited species-specific information regarding 
overutilization of T. tevoroa for commercial, recreational, scientific, 
or educational purposes. As noted previously in the Abundance and 
Population Trends section, anecdotal reports from one diver from Uiha 
Island, Ha'apai, Tonga note that the species was historically more 
abundant in shallow waters during the 1940s. Evidence of former greater 
abundance and distribution in shallow water in Ha'apai may indicate 
that fishing pressure has likely contributed to the rarity of this 
species (Ledua et al., 1993). This is extremely limited information to 
suggest that overutilization is a threat to the species, particularly 
given the lack of information from Fiji and New Caledonia; however, 
given that Ha'apai Tonga is likely the center of distribution and 
largest repository for this particular species, we find that this 
information, combined with the species' rarity throughout its range, 
may be contributing to an elevated risk of extinction for this species.
Conclusion
    In conclusion, the information provided on threats for this species 
is limited and by itself would not be considered substantial 
information indicating the petitioned action may be warranted. 
Anecdotal evidence from one location of a species' range would 
generally not be compelling evidence of species level concerns 
throughout its range for reasons discussed above. However, the combined 
evidence on the species' restricted range, sparse distribution and 
rarity, and anecdotal evidence of population decline in the center of 
the species' distribution, is compelling enough to conclude that the 
petitioned action may be warranted. The best available information on 
its overall status and all potential threats to the species will be 
evaluated in a forthcoming status review.
Tridacna crocea
Species description
    Tridacna crocea is the smallest species of giant clam, reaching 
only 15 cm (Neo et al., 2015; Copland and Lucas 1988). The species is 
similar to T. maxima but smaller, less asymmetrical and with its scutes 
worn away except near the upper edge of the shell (Copland and Lucas 
1988). The shell exterior is: ``greyish white, often covered with 
yellow or pinkish orange and frequently encrusted with marine growths 
near the dorsal margins of valves, but clean and nearly smooth 
ventrally'' (Kinch and Teitelbaum 2009). The shell interior is 
porcellaneous white, sometimes with yellow to orange hues on margins. 
The mantle is often brightly colored and variable in both pattern and 
color, including shades of green, blue, purple, brown, and orange 
(Kinch and Teitelbaum 2009).
Life History
    The petition provided some species-specific information regarding 
T. crocea's life history. The petition noted that spawning of T. crocea 
in the central region of the Great Barrier Reef is thought to be 
restricted to a short summer season (Munro 1992), and T. crocea has 
been observed spawning during July in Palau (Hardy and Hardy 1969). In 
a detailed study of early life history in Guam, fertilized eggs of T. 
crocea had a mean diameter of 93.1[mu]m (Jameson 1976). This same study 
noted that settlement of T. crocea larvae occurred approximately 12 
days after fertilization.
    We found a limited amount of additional information in our files on 
the life history of this species. Tridacna crocea has the smallest size 
for adult giant clams and reaches full sexual maturity 
(hermaphroditism) at approximately 5 to 6 years of age. With reports 
that T. crocea individuals of approximately 8 to 9 cm shell length 
produce 3 to 4 million eggs (Tisdell 1994), this species has extremely 
high fecundity. As such, even with relatively high mortality rates, 
tridacnid populations like T. crocea can be rapidly increased by 
artificial breeding and culture programs (Tisdell 1994).
Range, Habitat, and Distribution
    Tridacna crocea has a large range, with distribution ranging from 
southern Japan to Australia, but not extending eastward into Oceana 
beyond Palau and the Solomon Islands (Munro 1992). The petition 
provides information on this species from Singapore, Malaysia, 
Philippines, Indonesia, Thailand, and Palau. We also found additional 
information in our files for T. crocea from Australia, Solomon Islands, 
Vanuatu, New Caledonia, Papua New Guinea, and Tonga.

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[GRAPHIC] [TIFF OMITTED] TP26JN17.007

    Tridacna crocea is unusual among other giant clam species in that 
it burrows deeply in coral masses of reef flats and coral heads (with 
the free valve margins nearly flush with the substrate surface) in 
shallow water to a depth of about 20 m (when the water is clear; 
Copland and Lucas 1988; Kinch and Teitelbaum 2009; Neo et al., 2015). 
According to Hamner and Jones (1974), T. crocea burrows as it grows, 
eroding the surfaces of coral boulders and producing structures that 
superficially resemble micro-atolls. In a study conducted in Indonesia, 
T. crocea individuals were mostly embedded in dead coral boulders 
covered by algae (82 percent), with a few living in Porites spp., coral 
rubble, and live coral substrate (only 1 percent; Hernawan 2010). This 
species remains attached to the substrate throughout its life (Copland 
and Lucas 1988). The species also appears to aggregate, though the 
mechanism is unclear. Aggregation (i.e., clumping) may enhance physical 
stabilization, facilitate reproduction, or provide protection from 
predators (Soo and Todd 2014).
Population Status and Abundance Trends
    The petition does not provide overall estimates of population 
abundance or trends for T. crocea. The petition does provide limited 
pieces of information regarding the species' population status and 
trends from Singapore, Malaysia, Philippines, Indonesia, Thailand, and 
Palau. The petitioner cites Neo and Todd (2012; 2013) to assert that T. 
crocea is likely functionally extinct in Singapore, as the species is 
reproductively isolated and unlikely to fertilize conspecifics. In the 
most recent status reassessment of giant clams, Neo et al. (2013) note 
that T. crocea surveys in Singapore from 2009/2010 put their density at 
a low 0.035 per 100 m\2\, but emphasize that abundance estimates for 
this species may be conservative as its burrowing behavior and cryptic 
coloration can lead to underestimates of abundance. Nonetheless, the 
species' population is considered to be small in Singapore, resulting 
in an endangered status locally. However, the authors specifically make 
the point that the status of a species at a small scale (individual 
country or an island as may be the case for Singapore) is not 
necessarily representative of its global status. Any species, 
especially one with a large range like T. crocea, will have variable 
statuses at smaller scales in different habitats due to a variety of 
factors. Singapore is a small and densely populated island nation known 
for particularly high anthropogenic impacts in its nearshore waters. 
The information in Neo and Todd (2012a 2012b and 2013) is informative 
for resource managers in Singapore and indicates a very low population 
and density of T. crocea. However, it is unclear how the current 
information relates to historical abundance of this species at this 
location. In addition, it is not necessarily useful for assessing the 
global status of T. crocea because Singapore is a very small proportion 
of the overall species' range and is not a representative environment 
of the rest of the species' range.
    The petition also asserts that T. crocea has declined by 94 percent 
in the Tubbataha Reef Park in the Philippines since the early 1990s 
based on a decline from 2,200,000 clams/km2 in 1993 
(Calumpong and Cadiz 1993) to 133,330 clams/km\2\ in 2005 (Dolorosa and 
Schoppe 2005). It should be noted that these numbers were derived from 
transects taken within the ``intertidal area'' of the park. Dolorosa 
and Schoppe (2005) characterized T. crocea as the most abundant and 
dense giant clam species in the study area, with 133,330 individuals 
per km\2\ in the intertidal area, and averaging 30,480 individuals per 
km\2\ in the shallow area (5 m). Dolorosa and Schoppe (2005) also noted 
that the much lower density observed in their study (as compared to the 
previous study by Calumpong and Cadiz (1993)) in the intertidal area is 
not enough to conclude that there is a continuous decline of tridacnids 
(including T. crocea) because the data were only taken from a single 
transect. Thus, their study is not likely representative of the entire 
intertidal area, let alone the entire Tubbataha Reef Park. Therefore, 
the petition's inference of a 94 percent

[[Page 28970]]

decline in T. crocea abundance in Tubbataha Reef Park based on a single 
transect is not supported. Additionally, Rubec et al. (2001) 
characterizes T. crocea as one of the most abundant giant clam species 
across the Philippines.
    The petition also broadly states that all six giant clam species 
occurring in Indonesia, including T. crocea, are experiencing 
recruitment failure based on one study from Kei Kecil, Southeast-Maluku 
(Hernawan 2010). Hernawan (2010) conducted giant clam surveys in nine 
sites throughout Kei Kecil waters. Results showed T. crocea to be the 
dominant species with the highest population density in each of the 
nine study sites. Similar results have been documented in other areas 
of Indonesia, including the Andaman Sea, Upanoi and Banchungmanee, 
Adang Islands and Seribu Islands, Raja Ampat (Hernawan 2010) and Pari 
Island (Eliata et al., 2003). Additionally, Indonesia is comprised of 
thousands of islands; thus, the Hernawan (2010) study cited by the 
petitioner represents a very small sample of T. crocea abundance in 
Indonesian waters, with no evidence provided to suggest that 
recruitment failure of T. crocea is occurring throughout Indonesia. 
Hernawan (2010) also noted that due to T. crocea's small size and 
burrowing behavior, fishermen find this particular species more 
difficult and less desirable to harvest. Thus, this species is not the 
main target for Indonesian fishermen, leading to it having the highest 
relative population density throughout the study area (Hernawan 2010).
    Finally, the petition notes that T. crocea was the only giant clam 
with a stable population in Malaysia and not considered ``endangered'' 
by the early 2000s and that the species was still abundant in 
Thailand's Mo Ko Surin National Park in the late 1990s (Tan and Yasin 
2003; Thamrongnavasawat 2001). Additionally, Hardy and Hardy (1969) 
described T. crocea as the most frequent and abundant giant clam 
species in Palau in the 1960s. No additional information could be found 
in the petition or in our files pertaining to more recent trends for T. 
crocea in these locations to indicate low abundance or declining 
population trends.
    In our own files, we found that T. crocea is one of the most 
abundant species of giant clam in New Caledonia (Kinch and Teitelbaum 
2009). In Papua New Guinea, information on stock status is limited with 
the exception of Milne Bay, where T. crocea was also considered the 
most abundant species. T. crocea is also found in Vanuatu, where, 
although all stocks of giant clam are generally regarded as declining, 
improvements have been noted in specific localities (Kinch and 
Teitelbam 2009); however, we could find no additional information 
specific to T. crocea. In a 2004 CITES assessment of international 
trade of the species, T. crocea was described in general as ``still 
reasonably abundant'' (CITES 2004b).
    Overall, the information regarding T. crocea's population status 
and abundance trends throughout its range is extremely limited, with 
most characterizations of this species' abundance being qualitative. 
Nonetheless, it appears, based on the information presented in the 
petition and in our files, that T. crocea is often the dominant giant 
clam species wherever it occurs, has some of the highest population 
densities of any species, and is the only species of giant clam with a 
stable population in Malaysia. Although information suggests T. crocea 
likely experienced a localized abundance decline in Okinawa, Japan, 
which represents a very small portion of the species' range, we could 
not otherwise find any information to indicate that the species' 
overall abundance or density is so low or declining so significantly 
that the petitioned action is warranted. Thus, we find the petition 
insufficient in terms of presenting substantial information that T. 
crocea's population status or abundance trends indicate that the 
petitioned action may be warranted.
Threats to Tridacna crocea
Factor A: Present or Threatened Destruction Modification, or 
Curtailment of Range
    The petition asserts that all species of giant clam, including T. 
crocea, are at risk of extinction throughout their ranges due to the 
threat of habitat destruction, largely as a result of threats related 
to climate change and coral reef habitat degradation. However, the 
petition does not provide any species-specific information with regard 
to how habitat destruction is negatively impacting T. crocea 
populations. As described previously, T. crocea does not appear to have 
an obligate relationship to a pristine, live coral reef habitat. In 
fact, T. crocea has been observed in a number of habitat types, 
including dead coral rubble covered in algae. Thus, and as noted 
previously, while the information in the petition is otherwise largely 
accurate and suggests concern for the status of coral reef habitat 
generally, its broadness, generality, and speculative nature, and the 
lack of reasonable connections between the threats discussed and the 
status of T. crocea specifically, means that we cannot find that this 
information reasonably suggests that habitat destruction is an 
operative threat that acts or has acted on the species to the point 
that the petitioned action may be warranted.
Factor B: Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    The petition contends that T. crocea warrants listing as a result 
of overutilization for commercial purposes, but only notes three 
locations in which overfishing of T. crocea is reportedly occurring 
(Fiji, Japan, and Vietnam) based on bin Othman et al. (2010). In a 
market evaluation conducted in the mid-1990s in Japan, T. crocea was 
considered a preferred species for use as sashimi and sushi dishes in 
Okinawa; in contrast, giant clams were unknown as a food source in 
mainland Japan. From 1975 to 1995, giant clam catches in Okinawa, Japan 
declined from 578 tons to 28 tons, likely due to stock depletion (Okada 
1998). Given that T. crocea comprises approximately 90 percent of the 
giant clams landed in Okinawa, it is likely that the species 
experienced historical overfishing in this location. Although 
overfishing of T. crocea may have occurred historically in Okinawa 
waters, mass seed culture and production of T. crocea have been 
undertaken in Japan to ensure natural stock enhancement, with 44,000-
459,000 seeds of T. crocea distributed to the fishermen's cooperatives 
annually from 1987 to 1995 for release into Okinawa waters (Okada 
1998). Survival of clams ranged up to 56 percent 3 years after release 
(Teitelbaum and Friedman 2008). Without any data since 1995, it is 
difficult to determine whether this fishery is ongoing, the success 
rate of the local restocking efforts, or the current status of T. 
crocea stocks in Okinawa. Nonetheless, Okinawa, Japan represents a very 
small portion of the species' overall range and it appears Japan has 
implemented some regulations and conservation efforts to help safeguard 
giant clam populations from overfishing.
    Aside from Japan, no other information or data is provided in the 
petition from Fiji or Vietnam to support the broad statement that 
overfishing of T. crocea is occurring in those locations, although we 
did find some trade data to indicate that T. crocea is subject to 
commercial trade in these areas (CITES 2004b). From 1994 to 2003, 
exports of T. crocea were recorded for 24 countries and territories. 
However, only ten of the 24 countries were selected for a

[[Page 28971]]

significant CITES trade review, of which only two were categorized as 
``possible concern'' (Fiji and Vanuatu) and only one country (Vietnam) 
was categorized as ``urgent concern.'' The remaining countries were 
described as having no or minimal trade, and consequently designated as 
``least concern.'' Of the 16 countries not selected for review and 
recording exports, only the Solomon Islands appeared to be trading in 
significant quantities (CITES 2004b).
    In Fiji, T. crocea is not recorded as naturally occurring but it 
has been reported as ``introduced.'' Between 1997 and 2000, significant 
quantities of T. crocea imports (~15,000 live specimens) were reported 
from Fiji, of which two-thirds were reported as being of wild origin. 
Reported imports from captive bred sources have virtually ceased since 
2000, and those from wild sources have declined significantly. However, 
the CITES review regarding trade of T. crocea in Fiji concluded that: 
``Without information on the status of introduced stocks and harvest 
levels for domestic consumption, it is not possible to assess whether 
or not current export levels are detrimental to the species' survival 
in Fiji'' (CITES 2004b).
    In Vietnam between 1998 and 2003, gross live exports of wild-
sourced T. crocea peaked at 61,674 specimens in 2001 and otherwise 
ranged between 35,000 and 46,000. Since 2001, much lower levels, albeit 
still substantial (i.e., from 2,500 to 7,500 specimens annually) of 
live T. crocea reported as captive-bred have been exported. The 
``Urgent Concern'' designation was given to Vietnam because of the 
large quantities reported as exports from the wild during the review 
period and because of a lack of information on stocks and management 
activities (CITES 2004b). However, the review did not make any 
conclusions as to the status of T. crocea in Vietnam or whether trade 
was causing negative population level effects.
    Overall, while it appears that some countries have traded T. crocea 
in potentially significant quantities, we could not find any 
information to suggest that these quantities are contributing to the 
overutilization of the species, such that the petitioned action may be 
warranted. Therefore, we conclude that the available information 
presented in the petition and in our files does not constitute 
substantial information that international trade is a significant 
threat posing an extinction risk to T. crocea throughout its range.
    In most locations where information is available, T. crocea does 
not appear to be a highly sought after giant clam species due to its 
small size and burrowing behavior, as these characteristics make it 
more difficult for fishermen to harvest the species. For example, 
Hester and Jones (1974) noted that T. crocea was the only giant clam 
species that did not likely have commercial value in Palau, and that 
the species is seldom utilized for any purpose. bin Othman et al. 
(2010) also generally characterize T. crocea as ``more difficult and 
less economical to harvest'' because this species burrows into 
substrates and is relatively small. In New Caledonia, T. crocea is not 
listed among the preferably harvested species there (Kinch and 
Teitelbaum 2009). As previously discussed in the Population Status and 
Trends section above, Hernawan (2010) attributed T. crocea's relatively 
high population densities in survey sites in Indonesia to the fact that 
Indonesian fishermen do not target this species because of its small 
size and burrowing behavior. This echoes the general characterization 
of commercial utilization of this species by bin Othman et al. (2010). 
Finally, Dolorosa and Shoppe (2005) note that ``T. crocea is little if 
at all exploited'' in the Philippines.
    Overall, most of the information provided in the petition and in 
our files suggest that overutilization is not likely a significant 
threat to T. crocea because its small shell is not economically 
desirable and its burrowing behavior makes it more difficult to harvest 
relative to other species of clams that are much larger in size and 
more easily accessible to fishermen. While it is clear that T. crocea 
fulfills a local market niche and may have experienced historical 
overharvest in Okinawa, Japan, this location represents a very small 
portion of the species' overall range, and we have no additional 
information to suggest that this level of utilization is occurring 
elsewhere, such that the petitioned action may be warranted. 
Additionally, it appears that reseeding efforts and fishing regulations 
have been implemented in Japan to help safeguard giant clam 
populations, including T. crocea, from overfishing. Further, the 
available trade data for T. crocea does not indicate that international 
trade is causing negative population level effects to the species to 
the point that the petitioned action may be warranted. Therefore, we 
conclude that the information in the petition and in our files does not 
constitute substantial information that overutilization is an operative 
threat that acts or has acted on the species to the point that the 
petitioned action may be warranted.
Factor C: Disease or Predation
    The petition did not provide any species-specific information 
regarding how diseases may be affecting T. crocea populations 
throughout its range. In fact, none of the information provided in the 
petition discusses diseases or parasites affecting T. crocea, 
specifically. We could also not find any additional information in our 
files regarding the threats of disease or predation to T. crocea. 
Therefore, we conclude that the petition does not provide substantial 
information that disease or predation is an operative threat that acts 
or has acted on the species to the point that the petitioned action may 
be warranted.
Factor D: Inadequacy of Existing Regulatory Mechanisms
    The petition did not present species-specific information regarding 
inadequate regulatory mechanisms for T. crocea. As discussed above, the 
petitioner notes that there are some laws for giant clams on the books 
in certain locations, but only discusses regulations from the 
Philippines and Malaysia and illegal clam poaching in disputed areas of 
the South China Sea. These areas represent a small portion of the range 
of T. crocea. We found additional regulations in our files regarding 
the harvest of giant clams, including T. crocea, in several countries. 
Numerous PICTs and Australia implement size limits, bag limits, bans on 
commercial harvest, bans on night light harvest, promotion of 
aquaculture, and community-based cultural management systems for giant 
clams (more detail provided above; Chambers 2007; Kinch and Teitelbaum 
2009). For T. crocea specifically, state-set and self-imposed 
regulations prevail in the fishing areas throughout Japan to protect 
the giant clam stock (Okada 1997).
    In terms of trade regulations, the discussion in the petition was 
not species-specific. Additionally, we determined above in the 
Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes section for T. crocea, that international trade is 
not an operative threat that acts or has acted on the species to the 
point that the petitioned action may be warranted.
    With regard to regulations of greenhouse gas emissions, the 
discussion in the petition was also not species-specific. The 
petitioner did not provide species-specific information regarding the 
negative response to ocean warming or acidification. In addition, the 
information in the petition, and in our files, does not indicate that 
T. crocea may be at risk of extinction that

[[Page 28972]]

is cause for concern due to the loss of coral reef habitat or the 
direct effects of ocean warming and acidification. This is discussed in 
more detail for T. crocea specifically above under Factor A and below 
under Factor E. Therefore, we conclude that the petition does not 
provide substantial information that inadequate regulatory mechanisms 
controlling greenhouse gas emissions is an operative threat that acts 
or has acted on the species to the point that listing may be warranted.
Factor E: Other Natural or Manmade Factors
    Aside from the information previously discussed for giant clams in 
general in the Other Natural or Manmade Factors section, the petition 
did not provide any species-specific information regarding how climate 
change related threats, including ocean warming and acidification, are 
negatively impacting T. crocea populations throughout its range. We 
could also not find any additional information in our files regarding 
these threats to the species. Therefore, we conclude that the 
information presented in the petition and in our files does not 
constitute substantial information that other natural or manmade 
factors, including climate change related threats, acts or has acted on 
the species to the point that the petitioned action may be warranted.
Conclusion
    Based on the foregoing information, we do not agree that the 
petition provides substantial information to indicate that the T. 
crocea may warrant listing as threatened or endangered under the ESA. 
Particularly, in the context of the species' overall range, there is no 
indication that T. crocea has undergone significant population declines 
or local extirpations such that the species' risk of extinction is 
elevated to a point that is cause for concern. In contrast, it is the 
only clam species that is still described as abundant and even dominant 
in many locations where it is found. Given the species' small size and 
unique burrowing behavior, the available information does not indicate 
that T. crocea is highly sought after or targeted by fishermen in most 
locations. Overall, the information presented in the petition and our 
files does not indicate that any identified or unidentified threats may 
be acting on T. crocea to the point that the species may warrant 
listing as threatened or endangered under the ESA. After evaluating the 
population status and threat information presented in the petition and 
in our files in the context of the species' overall range, we conclude 
that the petition did not provide substantial information indicating 
that the petitioned action may be warranted for this species.

Tridacna maxima

Species Description
    The petition provided very little information regarding a general 
description of T. maxima. The petition notes that T. maxima has close-
set scutes and grows to a maximum size of 35 cm. We found additional 
information in our files describing this species. Although maximum 
shell length is 35 cm, it is commonly found at lengths up to 25 cm 
(Kinch and Teitelbaum 2009). Tridacna maxima has a grayish-white shell 
exterior, often suffused with yellow or pinkish orange and strongly 
encrusted with marine growths. The shell interior is porcellaneous 
white, sometimes with yellow to orange hues on the margins. Tridacna 
maxima often has a brightly colored mantle, variable in color and 
pattern (Kinch and Teitelbaum 2009), from brilliant to subdued grayish 
yellow, bluish green, blackish blue, to purple and brown. These colors 
occur medially on the mantle and are sometimes spotted and streaked 
with other colors (Su et al., 2014). The shell of T. maxima usually has 
four to five ribs with round projections on the upper margins (Su et 
al., 2014).
Life History
    The petition presents the majority of life history information for 
T. maxima from Jameson (1976) as cited in Munro (1992). This reference 
studied samples from Guam and reports fecundity (F) of T. maxima as F = 
0.00743 L\3\ (a ripe gonad of a 20 cm specimen would therefore contain 
about 20 million eggs), fertilized eggs of T. maxima had a mean 
diameter of 104.5 [mu]m, and settlement occurred 11 days after 
fertilization at a mean shell length of 195.0 [mu]m. Metamorphosis was 
basically complete about one day after settlement. Jameson (1976) also 
reports that juveniles of T. maxima first acquire zooxanthellae after 
21 days and juvenile shells show the first signs of becoming opaque 
after 47 days. The petition states that male T. maxima in the Cook 
Islands begin to reach sexual maturity at approximately 6 cm; 50 
percent of both males and females were sexually mature at 10 cm and 100 
percent were sexually mature at 14 cm and larger. The species was also 
very slow growing and took 5 years to reach 10 cm in length, 10 years 
to reach 15 cm and 15 to 20 years to reach 20 cm and above. Because 
only 21.5 percent of the population were fully sexually mature, the 
petitioner asserts that overfishing of this species is likely (Chambers 
2007). In Guam and Fiji, T. maxima spawned during the winter months 
(LaBarbera 1975). Findings by Jantzen et al. (2008) suggest T. maxima 
in the Red Sea is a strict functional photoautotroph limited by light.
Range, Habitat, and Distribution
    Among members of the subfamily Tridacninae, T. maxima is the most 
common and widely distributed species in the Indo-Pacific. This species 
ranges from the Red Sea, Madagascar, and East Africa to the Tuamotu 
Archipelago and Pitcairn Island in the South Pacific, as well as from 
southern Japan in the north to Lord Howe Island, off the coast of New 
South Wales, Australia in the south (bin Othman et al., 2010).

[[Page 28973]]

[GRAPHIC] [TIFF OMITTED] TP26JN17.008

    In terms of habitat, T. maxima is a reef-top inhabitant, living on 
the surface of the reef or sand and is usually seen with its colored 
mantle exposed (Su et al., 2014). This species can be found on reefs, 
partially embedded in corals in littoral and shallow water, to a depth 
of 20 m (Kinch and Teitelbaum 2009). In Indonesia, T. maxima was found 
living in dead coral rubble covered in algae, Porites corals, and coral 
rubble (Hernawan 2010).
Population Status and Abundance Trends
    For T. maxima specifically, the petition provides limited 
information regarding the species' population status and trends from 
Singapore and individual sites in Malaysia, the Philippines, Indonesia, 
Thailand, French Polynesia, and the Cook Islands.
    Neo and Todd (2012a) surveyed 87,515 m\2\ in Singapore and did not 
observe T. maxima, despite the observation of one individual in a 2003 
survey of a little over 9,000 m\2\ by Guest et al. (2008). The authors 
acknowledge that no historical abundance data for T. maxima in 
Singapore exist, nor any precise information on their exploitation. 
They go on to propose that habitat loss, exploitation, and/or sediment 
have synergistically led to the extirpation of T. maxima in Singapore's 
waters. Neo and Todd (2013) make a similar conclusion stating that T. 
maxima is ``probably already functionally extinct (in Singapore) as 
they are reproductively isolated and unlikely to fertilise [sic] 
conspecifics.'' However, the authors specifically make the point that 
the status of a species at a small scale (individual country or an 
island as may be the case for Singapore) is not necessarily 
representative of its global status. Any species, especially one with a 
large range like T. maxima, will have variable statuses at smaller 
scales in different habitats due to a variety of factors. Singapore is 
a small and densely populated island nation known for particularly high 
anthropogenic impacts in its nearshore waters. The information in Neo 
and Todd (2012a 2012b and 2013) is informative for resource managers in 
Singapore and indicates a very low population and density of T. maxima. 
However, it is unclear how the current information relates to 
historical abundance of this species at this location. In addition, it 
is not necessarily useful for assessing the global status of T. maxima 
because Singapore is a very small proportion of the overall species' 
range and is not a representative environment of the rest of the 
species' range.
    As described in earlier species accounts, the petitioner cites Tan 
and Yasin (2003), stating giant clams of all species but T. crocea are 
considered endangered in Malaysia. The authors mention underwater 
surveys that reveal that the ``distribution of giant clams are 
widespread but their numbers are very low.'' However, there are no 
references provided by the authors to provide any more detail or 
support for this information, which makes it difficult to interpret 
this information for individual species. The only species-specific 
information for T. maxima in this reference is that it occurs in 
Malaysian waters.
    The petition cites Salazar et al. (1999) who did a stock assessment 
of T. crocea, T. maxima, T. squamosa and H. hippopus in the Eastern 
Visayas of the Philippines and found most of the populations were 
juveniles with insufficient numbers of breeders to repopulate the 
region. As noted previously, this reference was unavailable for review 
so it is unclear if the authors were able to attribute these results to 
environmental changes, overharvest, or some other type of influence.
    As previously discussed in other species accounts, the petition 
states that Hernawan (2010) found small populations and evidence of 
recruitment failure in the six species found during a survey of Kei 
Kecil, Southeast-Maluku, Indonesia, including T. maxima. The author 
conducted giant clam surveys in nine sites; however, Indonesia 
encompasses thousands of islands and T. maxima occurs in other 
locations throughout Indonesia (Hernawan 2010). Thus, this study 
represents a very small sample of T. maxima abundance in Indonesian 
waters, with no evidence provided to suggest that recruitment failure 
of T. maxima is occurring throughout Indonesia.
    The petitioner cites Thamrongnavasawat et al. (2001) as saying T. 
maxima are now considered ``scarce'' throughout Thailand; however the 
link provided in the bibliography to access this reference was not 
functional, and we were otherwise unable to obtain

[[Page 28974]]

and review this reference to determine what the authors meant by 
``scarce'' or on what evidence this statement was based.
    The only references with species-specific information on abundance 
and trends for T. maxima that show evidence for their conclusions are 
from Rose Atoll, two atolls and an island in French Polynesia, and 
Tongareva Lagoon in the Cook Islands. Neo and Todd (2012a) reference 
another study that reports up to 225 T. maxima individuals per square 
meter at Rose Atoll (Green and Craig 1999). The estimated population 
size for Rose Atoll (615ha) was approximately 27,800 T. maxima 
individuals based on surveys from 1994 to 95.
    In French Polynesia, Gilbert et al. (2006) report that several 
lagoons in two archipelagos are characterized by enormous populations 
of T. maxima. They report densities of 23.6 million clams in 4.05 km\2\ 
at Fangatau atoll, 88.3 million clams in 11.46 km\2\ at Tatakoko, and 
47.5 million in 16.3 km\2\ in Tubuai. At the time of publication, the 
authors noted these were the largest giant clam densities observed 
anywhere in the world. The authors also note that a small scale but 
growing fishery in these areas should be actively managed to avoid 
decimating these pristine stocks. They list several existing management 
efforts in French Polynesia including a minimum shell length for 
capture, development of clam aquaculture capacity, and the 
establishment of no-take areas (Gilbert et al., 2006). The first no-
take area dedicated to the conservation of T. maxima was implemented in 
2004 at Tatakoto Atoll, one of the study areas in French Polynesia. Six 
years after the Gilbert et al. (2006) study, a stock assessment survey 
revealed a dramatic decrease in the T. maxima population within the no-
take area and elsewhere throughout the atoll (83 percent overall 
reduction in density), an anomaly the authors attribute to temperature 
variations 3 years prior to the survey, but the cause could not be 
determined definitively (Andrefouet et al., 2013). The authors note 
that mortality events of this scale are not uncommon for bivalves and 
there are other reports of massive die-offs of clams related to 
environmental variables like ENSO-related temperature increases or 
lowered mean sea level in certain areas, which leaves clams exposed to 
unfavorable conditions for long periods. Within a geographic range as 
vast as T. maxima's, one anomalous event that may have been due to 
temperature changes does not constitute substantial information that 
climate change may be affecting the species such that it needs 
protection under the ESA. As noted above in the Threats to Giant Clams 
section, there is huge heterogeneity across space and time in terms of 
current and future impacts of climate change on giant clams species.
    The petition cites Chambers (2007) and notes that T. maxima was 
overharvested in the southern Cook Islands and the capital was now 
receiving them from the northern part of the country, but the specific 
aim of this study was to assess the size distribution, abundance, and 
density of T. maxima in Tongareva lagoon. The author found variation 
within the lagoon with higher densities occurring in the south, farther 
from villages. The overall density recorded was 0.42 clams per square 
meter, with a total population of 28,066 individuals; however, the 
author notes that these numbers were based on extrapolating over the 
whole lagoon, all of which is not necessarily suitable clam habitat. 
The authors suggest that a more accurate extrapolation should be based 
on the area of available suitable habitat to fully account for areas 
where T. maxima occurs in high numbers. While this study indicates some 
areas of lower abundance near population centers (i.e., harvest 
pressure), it also reports high numbers and densities of T. maxima at 
several sites (Chambers 2007).
    Finally, a CITES trade review of T. maxima characterizes the 
species as still reasonably abundant in some countries, being 
``widespread and abundant'' in Australia, and ``common'' with stable 
stocks in Vanuatu (CITES 2004c). Overall, the information regarding 
abundance and population trends for T. maxima is limited, particularly 
given the species' enormous geographic range. As noted previously, any 
species, especially one with a large range like T. maxima, will have 
variable statuses at smaller scales in different habitats due to a 
variety of factors. The limited information in the petition and our 
files, however, does not indicate that T. maxima's overall population 
status or abundance trends are contributing to an elevated extinction 
risk, such that the species may be threatened or endangered throughout 
all or a significant portion of its range.
Threats to T. maxima
Factor A: Present or Threatened Destruction Modification, or 
Curtailment of Range
    The petition asserts that all species of giant clam, including T. 
maxima, are at risk of extinction throughout their ranges due to the 
threat of habitat destruction, largely because of threats related to 
climate change and coral reef habitat degradation. However, the 
petition does not provide any species-specific information regarding 
how habitat destruction is negatively affecting T. maxima. While the 
information in the petition is otherwise [largely] accurate and 
suggests concern for the status of coral reef habitat generally, its 
broadness, generality, and speculative nature, and the lack of 
reasonable connections between the threats discussed and the status of 
T. maxima specifically, means that we cannot find that this information 
reasonably suggests that habitat destruction is an operative threat 
that acts or has acted on the species to the point that the petitioned 
action may be warranted.
Factor B: Overutilization for Commercial, Recreational, or Scientific 
Purposes
    Species-specific information on overharvest of T. maxima in the 
petition is limited. The petitioner cites Bodoy (1984), stating the 
authors found that harvesting decreased the size of T. maxima in Saudi 
Arabia. However, the authors only surveyed four sites with varying 
degrees of accessibility and found that the harder-to-access sites, as 
well as deeper depths at all sites, appear to provide some refuge from 
collection as they observed either more or larger clams (or both) 
there.
    The study by Shelley (1989) discussed above in the Life History 
section documented likely overfishing of T. maxima in the Cook Islands 
based on a very low proportion of mature individuals in the population. 
Chambers (2007) notes that T. maxima was overharvested in the southern 
Cook Islands and the capital was now receiving them from the northern 
part of the country. In the Cook Islands, only cultured clams are 
exported, and wild harvest is for local consumption. Traditional 
cultures in individual villages institute a rahui system to impose 
closures of certain areas for a period of time to allow stocks to 
regenerate (Chambers 2007). While Chambers (2007) indicates some level 
of harvest pressure on T. maxima, they also report areas of high 
numbers and densities of T. maxima in several sites.
    We found additional trade information for T. maxima in some CITES 
documents cited by the petitioner, although the trade information 
therein was not presented in the petition. Out of 31 countries listed 
in a trade review for this species, one was listed as ``Urgent 
Concern'' (Tonga), seven were assessed as ``Possible Concern, and 
``Least Concern'' was reserved for the remaining 23

[[Page 28975]]

countries (CITES 2004c). Countries reported as ``Least Concern'' were 
assessed as such for the following reasons: either there was no trade 
reported over the period under review (1994-2003) (n=10), recorded 
trade during the last 5 years of the period under review was at a low 
level (n=10), or trade was primarily or entirely of captive bred 
specimens.
    Based on the foregoing information, the species-specific 
information presented in the petition and in our files on overharvest 
of T. maxima is not substantial. Given the broad geographic range of 
the species and when considered in combination with all other 
information presented for this species, we find that the petition does 
not provide sufficient information to demonstrate that overutilization 
is an operative threat that acts or has acted on the species to the 
point that the petitioned action may be warranted.
Factor C: Disease or Predation
    The petition does not present any species-specific information 
indicating disease or predation are factors acting on populations of T. 
maxima to the extent that the species may warrant protection under the 
ESA. The generalized information in the petition does not constitute 
substantial information for individual species as discussed above. We 
found some generalized information indicating that T. maxima has some 
known non-human predators (e.g., large triggerfish, octopi, eagle rays, 
and pufferfish) and is vulnerable to predation during the juvenile 
stage (<10 cm); Chambers 2007), but we do not have any additional 
information in our files on the effects of disease or predation on T. 
maxima.
Factor D: Inadequacy of Existing Regulatory Mechanisms
    The petition does not present species-specific information 
regarding inadequate regulatory mechanisms for T. maxima. As discussed 
above, the petitioner notes that there are some laws for giant clams on 
the books in certain locations, but only discusses regulations from the 
Philippines and Malaysia and only discusses illegal clam poaching in 
disputed areas of the South China Sea. These areas represent a small 
portion of the range of T. maxima. We found additional regulations in 
our files regarding the harvest of giant clams in several countries. 
Numerous PICTs and Australia implement size limits, bag limits, bans on 
commercial harvest, bans on night light harvest, promotion of 
aquaculture, and community-based cultural management systems for giant 
clams (more detail provided above in the general Inadequacy of Existing 
Regulatory Mechanisms section of this notice; Chambers 2007; Kinch and 
Teitelbaum 2009).
    In terms of international trade and greenhouse gas regulations, the 
discussion in the petition was again not species-specific. The 
petitioner did not provide species-specific information regarding the 
negative response to ocean warming or acidification. However, we 
evaluated the information in the petition that may apply to all the 
petitioned species. Above in the Threats to Giant Clams section, we 
determined that overall, the entire discussion of the inadequacy of 
CITES is very broad and does not discuss how the inadequacy of 
international trade regulations is impacting any of the petitioned 
species to the point that it is contributing to an extinction risk, 
with the exception of T. gigas and the growing giant clam industry in 
China. In addition, the information in the petition, and in our files, 
does not indicate that the petitioned species may be at risk of 
extinction that is cause for concern due to the loss of coral reef 
habitat or the direct effects of ocean warming and acidification. This 
is discussed in more detail for T. maxima specifically above under 
Factor A and below under Factor E. Therefore, we conclude that the 
petition does not provide substantial information that inadequate 
regulatory mechanisms controlling greenhouse gas emissions is an 
operative threat that acts or has acted on the species to the point 
that the petitioned action may be warranted.
Factor E: Other Natural or Manmade Factors
    The petition presents limited information in terms of other natural 
or manmade factors affecting the status of T. maxima. The petitioner 
cites Waters (2008) who found that T. maxima juveniles exposed to 
pCO2 concentrations approximating glacial (180 ppm), current 
(380 ppm) and projected (560 ppm and 840 ppm) levels of atmospheric 
CO2 (per the IPCC IS92a scenario) suffered decreases in size 
and dissolution with increased levels of atmospheric CO2 and 
this occurred below thresholds previously considered detrimental to 
other marine organisms in similar conditions. We acknowledge these 
results however, they are not easily interpreted into potential species 
level effects over time and/or space for T. maxima. First, the clams 
used in the experiment were cultured and not harvested from the wild. 
Cultured specimens are likely to experience much more uniform 
environments and are likely not acclimated to the common daily 
fluctuations in many environmental parameters experienced in the wild. 
As such, they may react differently than wild specimens to abrupt 
changes in their environment. As discussed in more detail in our 12-
month finding for orange clownfish (80 FR 51235; August 24, 2015), the 
acute nature of the exposure and lack of acclimation in this study is 
noteworthy because most species will not experience changes in 
acidification so acutely in their natural habitats. Rather, they are 
likely to experience a gradual increase in average CO2 
levels over several generations, and therefore a variety of factors 
could come into play over time to aid in adaptation (or may not--there 
is high uncertainty). We recognize that because giant clam species are 
likely long-lived, they likely have longer generation times, and thus, 
giant clams born today could potentially live long enough to experience 
oceanic conditions predicted late this century (Watson et al., 2012). 
However, given the disconnect between these experimental results and 
what can be expected to occur in the wild over time, the uncertainty in 
future ocean acidification rates, and the heterogeneity of the species' 
habitat and current environmental conditions across its large range, 
these results are not compelling evidence that elevated levels of 
atmospheric CO2 is an operative threat that acts or has 
acted on T. maxima to the extent that the petitioned action may be 
warranted.
    The work by Andrefouet et al. (2013) on T. maxima discussed above 
in the section on Population status and Trends documents mortality at 
Tatakoto Atoll in French Polynesia likely due to a temperature anomaly; 
however, again the authors did not definitively identify the cause of 
the observed decline. Further, a single anomaly in one location is not 
indicative of an ongoing threat that contributes to an elevated 
extinction risk for T. maxima. While we acknowledge the potential for 
both ocean warming and ocean acidification to have impacts on T. 
maxima, the petition did not present substantial information indicating 
the species may warrant listing due to these threats, nor do we have 
additional information in our files that would indicate this.
Conclusion
    It is common for all species, especially those with very expansive 
geographic ranges like T. maxima, to experience different impacts and 
variable population statuses throughout different areas within their 
range. In evaluating the information presented in

[[Page 28976]]

the petition, we consider the information itself as well as the scope 
of the information presented as it relates to the range of the species. 
The petition presented species-specific information indicating high 
densities and robust populations in the Cook Islands, French Polynesia, 
and Rose Atoll. It also provided citations with generalized statements 
of rarity of T. maxima in Singapore and individual study sites in 
Malaysia, Indonesia, and Thailand. In the case of T. maxima, areas 
where the species may be in poor status are not compelling evidence of 
the global status of this species compared to its overall range because 
the information is not outside of what is commonly expected in terms of 
variability in species status across such a large range as T. maxima's. 
There is an entire one third or more of the species' range for which no 
information was presented at all in the petition (eastern Africa and 
the Indian Ocean) with the exception of one study from one site in 
Saudi Arabia within the Red Sea. Thus, the petition did not present 
substantial information to indicate either poor population status 
globally or operative threats acting on the species such that the 
petitioned action may be warranted for T. maxima.

Tridacna noae

Species Description
    Tridacna noae, also known as Noah's giant clam, is most like T. 
maxima in appearance, but live T. noae specimens can be distinguished 
by the sparsely distributed hyaline organs, and by the large, easily 
recognizable, ocellate spots with a thin, white contour on the mantle's 
edge (Neo et al., 2015; Su et al., 2014). Shell lengths range between 6 
and 20 cm (Neo et al., 2015).
Life History
    Aside from what has already been discussed in the general life 
history information applicable to all giant clams (refer back to the 
Giant Clam life history section above), the petition did not provide 
any species-specific life history information for T. noae. We could 
also not find any other life history information in our files specific 
to T. noae.
Range, Habitat, and Distribution
    The petition did not provide a range map for this species, nor was 
it included in bin Othman et al. (2010). Tridacna noae's distribution 
overlaps with T. maxima's distribution, but generally occurs in lower 
abundances (Neo et al., 2015). Based on the information provided in the 
petition, T. noae has a widespread distribution across the Indo-
Pacific, occurring from the Ryuku archipelago of Japan to Western 
Australia, and from the Coral Triangle (as defined by Veron et al., 
2009) to the Coral Sea and to the Northern Line Islands (Borsa et al., 
2015b). Tridacna noae is thus known from Taiwan, Japan, Dongsha 
(northern South China Sea), Bunaken (Sulawesi Sea), Madang and Kavieng 
(Bismarck Sea), the Alor archipelago (Sawu Sea), Kosrae (Caroline 
Islands), New Caledonia, the Loyalty Islands and Vanuatu (Coral Sea), 
Viti-Levu (Fiji), Wallis Island, and Kiritimati (Northern Line Islands) 
(Borsa et al., 2015b). Mitochondrial DNA data also indicate its 
presence in the Philippines (eastern Negros), Western Australia (in the 
Molucca Sea at Ningaloo Reef) and in the Solomon Islands (Borsa et al., 
2015b). Individuals are attached by a byssus and bore into coral, 
living in littoral and shallow waters to a depth of 20 m. Borsa et al. 
(2015b) notes that: ``It may occur naturally on the same reef habitats 
as T. maxima, and also T. crocea as reported from the Solomon Islands 
(Huelsken et al., 2013), and as observed at Bunaken and in New 
Caledonia (this survey).''
Population Status and Abundance Trends
    The petition does not provide any species-specific information for 
T. noae concerning its population status or abundance trends. The only 
statement in the petition with regard to T. noae's status and abundance 
is: ``Given the threats discussed elsewhere in this report for Asia and 
here for the South China Sea, it is likely that T. noae has also 
declined severely.'' The petitioner did not provide any references or 
additional supporting information to substantiate this claim. Given 
that the species' geographic range extends far beyond Southeast Asia, 
simply inferring a severe abundance decline throughout the species' 
large geographic range based on generalized threats discussed for one 
part of the range (and without providing any link that these threats 
are specifically acting on T. noae to reduce its abundance) is 
erroneous. Generalized evidence of declining habitat or declining 
populations per se are not evidence of declines large enough to infer 
extinction risk that may meet the definition of either threatened or 
endangered under the ESA. Therefore, we conclude that the information 
presented in the petition on the species' population status and 
abundance trends does not constitute substantial information that the 
species may warrant listing under the ESA. We could also not find any 
information in our files on the population abundance or tends of the 
species.
Threats to Tridacna noae
Factor A: Present or Threatened Destruction, Modification, or 
Curtailment of Its Habitat or Range
    The petition does not provide any species-specific information 
regarding how habitat destruction is negatively impacting T. noae. As 
discussed previously, while the information in the petition is 
otherwise largely accurate and suggests concern for the status of coral 
reef habitat generally, its broadness, generality, and speculative 
nature, and the lack of reasonable connections between the threats 
discussed and the status of T. noae specifically means that we cannot 
find that this information reasonably suggests that habitat destruction 
is an operative threat that acts or has acted on the species to the 
point that the petitioned action may be warranted.
Factor B: Overutilization for Commercial, Recreational, Scientific, or 
Educational Purposes
    Aside from what has already been discussed regarding the threat of 
overutilization for giant clams in general, we could not find any 
species-specific information in the petition or in our files regarding 
overutilization of T. noae for commercial, recreational, scientific, or 
educational purposes. As such, we cannot conclude that the petition 
presented substantial information that overutilization is an operative 
threat that acts or has acted on the species to the point that the 
petitioned action may be warranted.
Factor C: Disease or Predation
    Aside from what has already been discussed regarding the threats of 
disease and predation for giant clams in general (refer back to the 
Threats to Giant Clams section above), we could find no additional 
information regarding disease or predation specific to T. noae. 
Therefore, we conclude that the petition does not provide substantial 
information that disease or predation is an operative threat that acts 
or has acted on the species to the point that the petitioned action may 
be warranted.
Factor D: Inadequacy of Existing Regulatory Mechanisms
    The petition did not present species-specific information regarding 
inadequate regulatory mechanisms for T. noae. As discussed above, the 
petitioner notes that there are some laws for giant clams on the books 
in certain locations, but only discusses regulations from the 
Philippines and Malaysia and

[[Page 28977]]

illegal clam poaching in disputed areas of the South China Sea. These 
areas represent a small portion of the range of T. noae. We found 
additional regulations in our files regarding the harvest of giant 
clams in several countries. Numerous PICTs and Australia implement size 
limits, bag limits, bans on commercial harvest, bans on night light 
harvest, promotion of aquaculture, and community-based cultural 
management systems for giant clams (more detail provided above; 
Chambers 2007; Kinch and Teitelbaum 2009).
    In terms of international trade and greenhouse gas regulations, the 
discussion in the petition was again not species-specific. The 
petitioner did not provide species-specific information regarding the 
negative response to ocean warming or acidification. However, we 
evaluated the information in the petition that may apply to all the 
petitioned species. In the general Threats to Giant Clams section 
above, we determined that overall, the entire discussion of the 
inadequacy of CITES is very broad and does not discuss how the 
inadequacy of international trade regulations is impacting any of the 
petitioned species to the point that it is contributing to an 
extinction risk, with the exception of T. gigas and the growing giant 
clam industry in China. In addition, the information in the petition, 
and in our files, does not indicate that the petitioned species may be 
at risk of extinction that is cause for concern due to the loss of 
coral reef habitat or the direct effects of ocean warming and 
acidification. This is discussed in more detail for T. noae 
specifically above under Factor A and below under Factor E. Therefore, 
we conclude that the petition does not provide substantial information 
that inadequate regulatory mechanisms controlling greenhouse gas 
emissions is an operative threat that acts or has acted on the species 
to the point that the petitioned action may be warranted.
Factor E: Other Natural or Manmade Factors
    Aside from the information previously discussed for giant clams in 
general in the Other Natural or Manmade Factors section, the petition 
does not provide any species-specific information regarding how climate 
change related threats, including ocean warming and acidification, are 
negatively impacting T. noae populations throughout its range. We could 
also not find any additional information in our files regarding these 
threats to the species. As such, we cannot conclude that the petition 
presented substantial information that other natural or manmade 
factors, including climate change related threats, are operative 
threats that act or have acted on the species to the point that the 
petitioned action may be warranted.
Conclusion
    The petition did not provide substantial information that any 
identified or unidentified threats may be acting on T. noae to the 
point that it may warrant listing as threatened or endangered under the 
ESA. We evaluated the extremely limited population status information 
and threat information presented in the petition and in our files and 
cannot conclude that substantial information has been presented that 
indicates the petitioned action may be warranted for this species.
Petition Findings
    Based on the above information and the criteria specified in 50 CFR 
424.14(b)(2), we find that the petition and information readily 
available in our files present substantial scientific and commercial 
information indicating that the petitioned action of listing the 
following giant clam species as threatened or endangered may be 
warranted: H. hippopus, H. porcellanus, T. costata, T. derasa, T. 
gigas, T. squamosa, and T. tevoroa. Therefore, in accordance with 
section 4(b)(3)(A) of the ESA and NMFS' implementing regulations (50 
CFR 424.14(b)(3)), we will commence status reviews of these species. 
During the status reviews, we will determine whether these species are 
in danger of extinction (endangered) or likely to become so within the 
foreseeable future (threatened) throughout all or a significant portion 
of their ranges. We now initiate this review, and thus, we consider 
these giant clam species to be candidate species (69 FR 19975; April 
15, 2004). Within 12 months of the receipt of the petition (August 7, 
2017), we will make a finding as to whether listing these species as 
endangered or threatened is warranted as required by section 4(b)(3)(B) 
of the ESA. If listing these species is found to be warranted, we will 
publish a proposed rule and solicit public comments before developing 
and publishing a final rule. We also find that the petition and 
information readily available in our files do not present substantial 
scientific and commercial information indicating that the petitioned 
action of listing T. crocea, T. maxima, and T. noae is warranted.

Information Solicited

    To ensure that the status reviews are based on the best available 
scientific and commercial data, we are soliciting information relevant 
to whether the giant clam species for which we have made positive 
findings are endangered or threatened. Specifically, we are soliciting 
information in the following areas: (1) Historical and current 
distribution and abundance of these species throughout their respective 
ranges; (2) historical and current population trends; (3) life history 
in marine environments, including growth rates and reproduction; (4) 
historical and current data on the commercial trade of giant clam 
products; (5) historical and current data on fisheries targeting giant 
clam species; (6) any current or planned activities that may adversely 
impact the species; (7) ongoing or planned efforts to protect and 
restore the species and its habitats, including information on 
aquaculture and/or captive breeding and restocking programs for giant 
clam species; (8) population structure information, such as genetics 
data; and (9) management, regulatory, and enforcement information. We 
request that all information be accompanied by: (1) Supporting 
documentation such as maps, bibliographic references, or reprints of 
pertinent publications; and (2) the submitter's name, address, and any 
association, institution, or business that the person represents.

References Cited

    A complete list of references is available upon request to the 
Office of Protected Resources (see ADDRESSES).

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

    Dated: June 21, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2017-13275 Filed 6-23-17; 8:45 am]
 BILLING CODE 3510-22-P



                                                   28946                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   DEPARTMENT OF COMMERCE                                  individual, or received after the                      we find that substantial scientific or
                                                                                                           comment period ends. All comments                      commercial information in a petition
                                                   National Oceanic and Atmospheric                        received are a part of the public record               and in our files indicates the petitioned
                                                   Administration                                          and NMFS will post for public viewing                  action may be warranted (a ‘‘positive 90-
                                                                                                           on http://www.regulations.gov without                  day finding’’), we are required to
                                                   50 CFR Parts 223 and 224                                change. All personal identifying                       promptly commence a review of the
                                                   [Docket No. 170117082–7082–01]                          information (e.g., name, address, etc.),               status of the species concerned, which
                                                                                                           confidential business information, or                  includes conducting a comprehensive
                                                   RIN 0648–XF174                                          otherwise sensitive information                        review of the best available scientific
                                                                                                           submitted voluntarily by the sender will               and commercial information. Within 12
                                                   Endangered and Threatened Wildlife;                     be publicly accessible. NMFS will                      months of receiving the petition, we
                                                   90-Day Finding on a Petition To List 10                 accept anonymous comments (enter ‘‘N/                  must conclude the review with a finding
                                                   Species of Giant Clams as Threatened                    A’’ in the required fields if you wish to              as to whether, in fact, the petitioned
                                                   or Endangered Under the Endangered                      remain anonymous).                                     action is warranted. Because the finding
                                                   Species Act                                                                                                    at the 12-month stage is based on a
                                                                                                           FOR FURTHER INFORMATION CONTACT: Lisa
                                                   AGENCY:  National Marine Fisheries                      Manning, NMFS, Office of Protected                     significantly more thorough review of
                                                   Service (NMFS), National Oceanic and                    Resources (301) 427–8403.                              the available information, a ‘‘may be
                                                   Atmospheric Administration (NOAA),                                                                             warranted’’ finding at the 90-day stage
                                                                                                           SUPPLEMENTARY INFORMATION:
                                                   Commerce.                                                                                                      does not prejudge the outcome of the
                                                   ACTION: 90-day petition findings, request               Background                                             status review and 12-month finding.
                                                                                                                                                                     Under the ESA, a listing
                                                   for information, and initiation of status                 On August 7, 2016, we received a                     determination may address a ‘‘species,’’
                                                   review.                                                 petition from a private citizen, Dr.                   which is defined to also include
                                                                                                           Dwayne W. Meadows, Ph.D., requesting                   subspecies and, for any vertebrate
                                                   SUMMARY:    We, NMFS, announce our 90-                  that we list the Tridacninae giant clams
                                                   day findings on a petition to list ten                                                                         species, any distinct population
                                                                                                           (excluding Tridacna rosewateri) as                     segment (DPS) that interbreeds when
                                                   species of giant clam as endangered or                  endangered or threatened under the
                                                   threatened under the U.S. Endangered                                                                           mature (16 U.S.C. 1532(16)). A joint
                                                                                                           ESA. The ten species of giant clams                    NMFS-U.S. Fish and Wildlife Service
                                                   Species Act (ESA). We find that the                     considered in this finding are the eight
                                                   petition presents substantial scientific                                                                       (USFWS) policy clarifies the agencies’
                                                                                                           Tridacna species, including: T. costata,               interpretation of the phrase ‘‘distinct
                                                   or commercial information indicating                    T. crocea, T. derasa, T. gigas, T.
                                                   that the petitioned action may be                                                                              population segment’’ for the purposes of
                                                                                                           maxima, T. noae, T. squamosa, and T.                   listing, delisting, and reclassifying a
                                                   warranted for seven species (Hippopus                   tevoroa (also known as T. mbalavauna);
                                                   hippopus, H. porcellanus, Tridacna                                                                             species under the ESA (‘‘DPS Policy’’;
                                                                                                           and the two Hippopus species: H.                       61 FR 4722; February 7, 1996). A
                                                   costata, T. derasa, T. gigas, T.                        hippopus and H. porcellanus. The
                                                   squamosa, and T. tevoroa).                                                                                     species, subspecies, or DPS is
                                                                                                           petitioner also requested that critical                ‘‘endangered’’ if it is in danger of
                                                   Accordingly, we will initiate status                    habitat be designated for Tridacninae
                                                   reviews of these seven giant clam                                                                              extinction throughout all or a significant
                                                                                                           species that occur in U.S. waters                      portion of its range, and ‘‘threatened’’ if
                                                   species. To ensure that the status                      concurrent with final ESA listing. The
                                                   reviews are comprehensive, we are                                                                              it is likely to become endangered within
                                                                                                           petition states that Tridacninae giant                 the foreseeable future throughout all or
                                                   soliciting scientific and commercial                    clams merit listing as endangered or
                                                   information regarding these species. We                                                                        a significant portion of its range (ESA
                                                                                                           threatened species under the ESA                       sections 3(6) and 3(20), respectively; 16
                                                   find that the petition did not present                  because of the following: (1) Loss or
                                                   substantial scientific or commercial                                                                           U.S.C. 1532(6) and (20)). Pursuant to the
                                                                                                           curtailment of habitat or range; (2)                   ESA and our implementing regulations,
                                                   information indicating that the                         historical and continued overutilization
                                                   petitioned action may be warranted for                                                                         the determination of whether a species
                                                                                                           of the species for commercial purposes;                is threatened or endangered shall be
                                                   the other three petitioned giant clam                   (3) inadequacy of existing regulatory
                                                   species (T. crocea, T. maxima, or T.                                                                           based on any one or a combination of
                                                                                                           mechanisms to safeguard the species; (4)               the following five section 4(a)(1) factors:
                                                   noae).                                                  other factors such as global climate                   The present or threatened destruction,
                                                   DATES: Information and comments on                      change; and (5) the species’ inherent                  modification, or curtailment of habitat
                                                   the subject action must be received by                  vulnerability to population decline due                or range; overutilization for commercial,
                                                   August 25, 2017.                                        to their slow recovery and low                         recreational, scientific, or educational
                                                   ADDRESSES: You may submit comments,                     resilience to threats.                                 purposes; disease or predation;
                                                   information, or data, by including                      ESA Statutory Provisions and Policy                    inadequacy of existing regulatory
                                                   ‘‘NOAA–NMFS–2017–0029’’ by either                       Considerations                                         mechanisms; and any other natural or
                                                   of the following methods:                                                                                      manmade factors affecting the species’
                                                      • Federal eRulemaking Portal: Go to                    Section 4(b)(3)(A) of the ESA of 1973,               existence (16 U.S.C. 1533(a)(1), 50 CFR
                                                   www.regulations.gov/                                    as amended (16 U.S.C. 1531 et seq.),                   424.11(c)).
                                                   #!docketDetail;D=NOAA-NMFS-2017-                        requires, to the maximum extent                           ESA-implementing regulations issued
                                                   0029, click the ‘‘Comment Now’’ icon,                   practicable, that within 90 days of                    jointly by NMFS and USFWS (50 CFR
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                                                   complete the required fields, and enter                 receipt of a petition to list a species as             424.14(b)) define ‘‘substantial
                                                   or attach your comments.                                threatened or endangered, the Secretary                information’’ in the context of reviewing
                                                      • Mail or hand-delivery: Office of                   of Commerce make a finding on whether                  a petition to list, delist, or reclassify a
                                                   Protected Resources, NMFS, 1315 East-                   that petition presents substantial                     species as the amount of information
                                                   West Highway, Silver Spring, MD                         scientific or commercial information                   that would lead a reasonable person to
                                                   20910. Attn: Lisa Manning.                              indicating that the petitioned action                  believe that the measure proposed in the
                                                      Instructions: NMFS may not consider                  may be warranted, and promptly                         petition may be warranted. When
                                                   comments if they are sent by any other                  publish the finding in the Federal                     evaluating whether substantial
                                                   method, to any other address or                         Register (16 U.S.C. 1533(b)(3)(A)). When               information is contained in a petition,


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                            28947

                                                   we must consider whether the petition:                  indicates that the species at issue faces              that the classification is based upon in
                                                   (1) Clearly indicates the administrative                extinction risk that is cause for concern;             light of the standards on extinction risk
                                                   measure recommended and gives the                       this may be indicated in information                   and impacts or threats discussed above.
                                                   scientific and any common name of the                   expressly discussing the species’ status
                                                                                                                                                                  Analysis of the Petition
                                                   species involved; (2) contains detailed                 and trends, or in information describing
                                                   narrative justification for the                         impacts and threats to the species. We                 General Information
                                                   recommended measure, describing,                        evaluate any information on specific                      The petition clearly indicates the
                                                   based on available information, past and                demographic factors pertinent to                       administrative measure recommended
                                                   present numbers and distribution of the                 evaluating extinction risk for the species             and gives the scientific and, in some
                                                   species involved and any threats faced                  at issue (e.g., population abundance and               cases, the common names of the species
                                                   by the species; (3) provides information                trends, productivity, spatial structure,               involved. The petition also contains a
                                                   regarding the status of the species over                age structure, sex ratio, diversity,
                                                                                                                                                                  narrative justification for the
                                                   all or a significant portion of its range;              current and historical range, habitat
                                                                                                                                                                  recommended measures and provides
                                                   and (4) is accompanied by the                           integrity or fragmentation), and the
                                                                                                                                                                  limited information on the species’
                                                   appropriate supporting documentation                    potential contribution of identified
                                                                                                                                                                  geographic distribution, habitat use, and
                                                   in the form of bibliographic references,                demographic risks to extinction risk for
                                                                                                                                                                  threats. Limited information is also
                                                   reprints of pertinent publications,                     the species. We then evaluate the
                                                                                                                                                                  provided on population status and
                                                   copies of reports or letters from                       potential links between these
                                                                                                                                                                  trends for all but a couple of species.
                                                   authorities, and maps (50 CFR                           demographic risks and the causative
                                                                                                                                                                  The introduction of the petition
                                                   424.14(b)(2)).                                          impacts and threats identified in ESA
                                                      At the 90-day stage, we evaluate the                                                                        emphasizes that giant clam species have
                                                                                                           section 4(a)(1).
                                                   petitioner’s request based upon the                        Information presented on impacts or                 not been evaluated by the IUCN since
                                                   information in the petition including its               threats should be specific to the species              1996, and more recent information
                                                   references, and the information readily                 and should reasonably suggest that one                 provides evidence of significant
                                                   available in our files. We do not conduct               or more of these factors may be                        population declines of all giant clam
                                                   additional research, and we do not                      operative threats that act or have acted               species range-wide, with increasing
                                                   solicit information from parties outside                on the species to the point that it may                threats. The petition then provides
                                                   the agency to help us in evaluating the                 warrant protection under the ESA.                      general background information on
                                                   petition. We will accept the petitioner’s               Broad statements about generalized                     giant clams as well as some limited
                                                   sources and characterizations of the                    threats to the species, or identification              species-specific information where
                                                   information presented, if they appear to                of factors that could negatively impact                available. Topics covered by the petition
                                                   be based on accepted scientific                         a species, do not constitute substantial               include giant clam taxonomy, natural
                                                   principles, unless we have specific                     information that listing may be                        history, descriptions of Tridacna
                                                   information in our files that indicates                 warranted. We look for information                     species (descriptions of Hippopus
                                                   the petition’s information is incorrect,                indicating that not only is the particular             species are absent), geographic range,
                                                   unreliable, obsolete, or otherwise                      species exposed to a factor, but that the              habitat descriptions, life history
                                                   irrelevant to the requested action.                     species may be responding in a negative                (including growth and reproduction),
                                                   Information that is susceptible to more                 fashion; then we assess the potential                  ecology (including their symbiotic
                                                   than one interpretation or that is                      significance of that negative response.                relationship with zooxanthellae and
                                                   contradicted by other available                            Many petitions identify risk                        their ecological role on coral reefs),
                                                   information will not be dismissed at the                classifications made by non-                           population structure and genetics, and
                                                   90-day finding stage, so long as it is                  governmental organizations, such as the                abundance and trends. A general
                                                   reliable and a reasonable person would                  International Union for the                            description of threats categorized under
                                                   conclude that it supports the                           Conservation of Nature (IUCN), the                     the five ESA Section 4(a)(1) factors is
                                                   petitioner’s assertions. Conclusive                     American Fisheries Society, or                         provided and is meant to apply to all of
                                                   information indicating the species may                  NatureServe, as evidence of extinction                 the petitioned clam species. This
                                                   meet the ESA’s requirements for listing                 risk for a species. Risk classifications by            section discusses the following threats:
                                                   is not required to make a positive 90-                  other organizations or made under other                Coral reef habitat degradation (including
                                                   day finding. We will not conclude that                  Federal or state statutes may be                       sedimentation, pollution, and
                                                   a lack of specific information alone                    informative, but such classification                   reclamation), subsistence and
                                                   negates a positive 90-day finding, if a                 alone may not provide the rationale for                commercial harvest by coastal and
                                                   reasonable person would conclude that                   a positive 90-day finding under the                    island communities for local
                                                   the unknown information itself suggests                 ESA. For example, as explained by                      consumption as well as sale and export
                                                   an extinction risk of concern for the                   NatureServe, their assessments of a                    for the meat, aquarium and curio trades,
                                                   species at issue.                                       species’ conservation status do ‘‘not                  inadequacy of existing regulatory
                                                      To make a 90-day finding on a                        constitute a recommendation by                         mechanisms to safeguard the species,
                                                   petition to list a species, we evaluate                 NatureServe for listing under the U.S.                 and impacts of climate change
                                                   whether the petition presents                           Endangered Species Act’’ because                       (including bleaching and ocean
                                                   substantial scientific or commercial                    NatureServe assessments ‘‘have                         acidification). A synopsis of and our
                                                   information indicating the subject                      different criteria, evidence                           analysis of the information provided in
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                                                   species may be either threatened or                     requirements, purposes and taxonomic                   the petition and readily available in our
                                                   endangered, as defined by the ESA.                      coverage than government lists of                      files is provided below.
                                                   First, we evaluate whether the                          endangered and threatened species, and
                                                   information presented in the petition,                  therefore these two types of lists should              Species Description
                                                   along with the information readily                      not be expected to coincide’’ (http://                   Giant clams are a small but
                                                   available in our files, indicates that the              www.natureserve.org/prodServices/                      conspicuous group of large bivalves that
                                                   petitioned entity constitutes a ‘‘species’’             statusAssessment.jsp). Thus, when a                    are members of the cardiid bivalve
                                                   eligible for listing under the ESA. Next,               petition cites such classifications, we                subfamily Tridacninae (Su et al., 2014).
                                                   we evaluate whether the information                     will evaluate the source of information                They are the largest living marine


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                                                   28948                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   bivalves found in coastal areas of the                  porcellanus have the most restricted                   Life History
                                                   Indo-Pacific region, and are frequently                 geographical ranges (bin Othman et al.,                   The exact lifespan of tridacnines has
                                                   regarded as important ecological                        2010).                                                 not been determined; although it is
                                                   components of coral reefs, especially as                  Anecdotal reports by SCUBA divers                    estimated to vary widely between eight
                                                   providers of substrate and contributors                 and data from Reef Check (an                           to several hundred years (see original
                                                   to overall productivity (Neo and Todd                   international non-governmental                         citations in Soo and Todd 2014). Little
                                                   2013). The most recent information                      organization that trains volunteers to                 information exists on the size at
                                                   suggests there are 13 extant species of                 carry out coral reef surveys) include                  maturity for giant clams, but size and
                                                   giant clams, 10 of which are considered                                                                        age at maturity vary by species and
                                                                                                           records of giant clams beyond
                                                   in this 90-day finding, including 8                                                                            geographical location (Ellis 1997). In
                                                                                                           previously defined geographical
                                                   species in the genus Tridacna—T.                                                                               general, giant clams appear to have
                                                                                                           boundaries, extending their known
                                                   crocea, T. derasa, T. gigas, T. maxima,                                                                        relatively late sexual maturity, a sessile,
                                                                                                           occurrence to near Cape Agulhas, South
                                                   T. noae, T. squamosa, T. costata
                                                                                                           Africa. Giant clam distribution is not                 exposed adult phase and broadcast
                                                   (formerly T. squamosina) and T. tevoroa
                                                                                                           uniform, with greater diversity found in               spawning reproductive strategy, all of
                                                   (formerly T. mbalavauna), and 2 species
                                                                                                           the central Indo-Pacific (Spalding et al.,             which can make giant clams vulnerable
                                                   in the genus Hippopus—H. hippopus
                                                                                                           2007). A couple of recent sources have                 to depletion and exploitation (Neo et al.,
                                                   and H. porcellanus.
                                                                                                           extended the known ranges of a couple                  2015). All giant clam species are
                                                   Taxonomy                                                of species. For example, Gilbert et al.                classified as protandrous functional
                                                      Giant clam taxonomy (family                          (2007) documented the first observation                hermaphrodites, meaning they mature
                                                   Cardiidae, subfamily Tridacninae) has                   of T. squamosa in French Polynesia,                    first as males and develop later to
                                                   seen a surge in new species descriptions                extending the species’ range farther east              function as both male and female
                                                   in recent decades (Borsa et al., 2015a),                than previously reported. Likewise, in                 (Chambers 2007); but otherwise, giant
                                                   and there is some disagreement in the                   our files, we found evidence that T.                   clams follow the typical bivalve mollusc
                                                   literature regarding the validity of some               tevoroa has recently been observed in                  life cycle. At around 5 to 7 years of age
                                                   species. Two giant clam species                         the Loyalty Islands of New Caledonia,                  (Kinch and Teitelbaum 2009), giant
                                                   considered in this 90-day finding have                  whereas it was previously thought to be                clams reproduce via broadcast
                                                   been only recently described (T. tevoroa                restricted to Tonga and Fiji (Kinch and                spawning, in which several million
                                                   and T. costata), but have been shown to                 Teitelbaum 2009). The petition claims                  sperm and eggs are released into the
                                                   be junior synonyms of species described                 that several of the species occur (or                  water column where fertilization takes
                                                   decades before (i.e., T. mbalavuana and                 historically occurred) in the United                   place. Giant clam spawning can be
                                                   T. squamosina, respectively; Borsa et                   States and its territories or possessions,             seasonal; for example, in the Central
                                                   al., 2015a). Another species, T. noae,                  including: T. derasa, T. gigas, T.                     Pacific, giant clams can spawn year
                                                   has been the subject of debate in terms                 maxima, T. squamosa, and H. hippopus.                  round but are likely to have better gonad
                                                   of its validity as a species. However, T.               The rest of the petitioned clam species                maturation around the new or full moon
                                                   noae has been recently resurrected from                 have strictly foreign distributions. The               (Kinch and Teitelbaum 2009). In the
                                                   synonymy with the small giant clam, T.                  NMFS Coral Reef Ecosystem Program                      Southern Pacific, giant clam spawning
                                                   maxima, after additional molecular and                  (CREP) conducts routine Reef                           patterns are seasonal and clams are
                                                   morphological evidence supported the                    Assessment and Monitoring Program                      likely to spawn in spring and
                                                   taxonomic separation of the two species                 surveys in U.S. territories, but their                 throughout the austral summer months
                                                   (Su et al., 2014).                                      comprehensive monitoring reports only                  (Kinch and Teitelbaum 2009). Once
                                                                                                           include general information on                         fertilized, the eggs hatch into free-
                                                   Range and Distribution                                                                                         swimming trochophore larvae for
                                                                                                           Tridacna clams, not at the species level.
                                                      Modern giant clams are distributed                                                                          around 8 to 15 days (according to the
                                                   along shallow shorelines and on reefs in                Habitat                                                species and location) before settling on
                                                   the Indo-West Pacific in the area                                                                              the substrate (Soo and Todd 2014;
                                                   confined by 30° E and 120° W (i.e., from                   The petition cites Soo and Todd                     Kinch and Teitelbaum 2009). During the
                                                   South Africa to beyond French                           (2014), stating that giant clams are                   pediveliger larvae stage (the stage when
                                                   Polynesia) and between 36° N and 30°                    markedly stenothermal (i.e., they are                  the larvae is able to crawl using its foot),
                                                   S (i.e., from Japan in the North to                     able to tolerate only a small range of                 the larvae crawl on the substrate in
                                                   Australia in the South; Neo et al., 2015)               temperature) and thus restricted to                    search of suitable sites for settlement
                                                   and excluding New Zealand and                           warm waters. Based on the broad                        and metamorphose into early juveniles
                                                   Hawaii, although there are reports that                 latitudinal and depth ranges of some                   (or spats) within 2 weeks of spawning
                                                   at least two species have been                          giant clam species, they each likely have              (Soo and Todd 2014). Growth rates after
                                                   introduced in Hawaii (T. derasa and T.                  varying ranges of temperature tolerance,               settlement generally follow a sigmoid
                                                   squamosa; bin Othman et al., 2010).                     possibly similar to that of other coral                (‘‘S’’ shaped) curve, beginning slowly,
                                                   Although most extant giant clams                        reef associated species. Although giant                then accelerating after approximately 1
                                                   mainly occur within the tropical Indo-                  clams are typically associated with and                year and then slowing again as the
                                                   Pacific region, three species (T. maxima,               are prominent inhabitants of coral reefs,              animals approach maturity (Ellis 1997).
                                                   T. squamosa and T. costata) are found                   this is not an obligate relationship                   These rates are usually slow and vary
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                                                   as far west as East Africa or the Red Sea               (Munro 1992). Giant clams are typically                amongst species.
                                                   (Soo and Todd 2014). Of all the giant                   found living on sand or attached to coral
                                                   clam species, T. maxima has the most                    rock and rubble by byssal threads (Soo                 Feeding and Nutrition
                                                   cosmopolitan distribution, which                        and Todd 2014), but they can be found                     According to Munro (1992), giant
                                                   encompasses nearly the entire                           in a wide variety of habitats, including               clams are facultative planktotrophs, in
                                                   geographical range of all the other giant               live coral, dead coral rubble, boulders,               that they are essentially planktotrophic
                                                   clam species. On the other side of the                  sandy substrates, seagrass beds,                       (i.e., they feed on plankton) but they can
                                                   spectrum, the more recently described                   macroalgae zones, etc. (Gilbert et al.,                acquire all of the nutrition required for
                                                   T. costata, T. tevoroa, and H.                          2006; Hernawan 2010).                                  maintenance from their symbiotic algae,


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                             28949

                                                   Symbodinium. Nutritional requirements                   degradation caused by various                          tools of various sorts, and/or dragging
                                                   and strategies vary significantly by                    anthropogenic activities.’’ While we                   and pulling to remove giant clams from
                                                   species. For example, T. derasa is able                 agree that highly populated coastal areas              the surrounding habitat) clearly has
                                                   to function as a complete autotroph in                  are subject to anthropogenic impacts                   impacts to coral reef habitat as well.
                                                   its natural habitat (down to 20 m),                     (e.g., land-based sources of pollution,                However, it is unclear how the loss of
                                                   whereas T. tevoroa only achieves this in                sedimentation, nutrient loading, etc.),                coral reefs in the South China Sea may
                                                   the shallower parts of its distribution                 the reference provided by the petitioner               impact the status of giant clams
                                                   (10 to 20 m). Tridacna gigas shows a                    refers to habitat degradation as a threat              throughout their ranges, and aside from
                                                   different strategy, comfortably satisfying              to seahorse populations, with no                       T. gigas, the petition provides no
                                                   all apparent carbon requirements from                   information provided in this reference                 species-specific information regarding
                                                   the combined sources of filter-feeding                  specific to giant clams. The petition also             habitat destruction for the other nine
                                                   and phototrophy (Klumpp and Lucas                       asserts that because giant clams are                   petitioned species.
                                                   1994). In fact, Klumpp et al. (1992)                    associated with coral reefs, that all                     Therefore, while the information in
                                                   showed that T. gigas is an efficient                    species of giant clams face all of the                 the petition suggests concern for the
                                                   filter-feeder and that carbon derived                   ‘‘regular’’ threats that coral reefs                   status of coral reef habitat generally, its
                                                   from filter-feeding in Great Barrier Reef               generally face, including coral reef                   broadness, generality, and speculative
                                                   waters supplies significant amounts of                  habitat degradation, sedimentation and                 nature, and the lack of connections
                                                   the total carbon necessary for its                      pollution. The petition cites Brainard et              between the threats discussed and the
                                                   respiration and growth.                                 al. (2011), a status review report that                status of the giant clam species
                                                                                                           was prepared by NMFS for 82 coral                      specifically, means that we cannot find
                                                   Giant Clam Status and Abundance
                                                                                                           species under the ESA, as evidence of                  that this information reasonably
                                                   Trends
                                                                                                           habitat destruction issues throughout                  suggests that habitat destruction is an
                                                     The petition does not provide                         the range of the petitioned giant clam                 operative threat that acts or has acted on
                                                   historical or current global abundance                  species. While this status review report               each of the species to the point that they
                                                   estimates for any of the petitioned clam                thoroughly describes issues related to                 may warrant protection under the ESA.
                                                   species; rather, the petition cites a                   coral reef habitat degradation in general,             Broad statements about generalized
                                                   number of studies that document local                   it does not discuss giant clams, nor does              threats to the species, or identification
                                                   extirpations of various giant clam                      it provide any substantial evidence                    of factors that could negatively impact
                                                   species in particular areas to                          regarding a link between coral reef                    a species, do not constitute substantial
                                                   demonstrate that all species of giant                   habitat degradation and negative                       information that listing may be
                                                   clams are currently declining, or have                  population-level impacts to any of the                 warranted. We look for information
                                                   declined historically, within their                     petitioned giant clam species                          indicating that not only is the particular
                                                   ranges. We assess the information                       throughout their ranges. Further, the                  species exposed to a factor, but that the
                                                   presented in the petition, and                          petition itself notes that while giant                 species may be responding in a negative
                                                   information in our files, regarding each                clam species are generally associated                  fashion; then we assess the potential
                                                   of the petitioned species in individual                 with coral reefs, it is not an obligate                significance of that negative response
                                                   species accounts later in this finding.                 relationship. In fact, surveys in many                 and consider the significance within the
                                                   ESA Section 4(a)(1) Factors                             areas suggest that adults of most species              context of the species’ overall range. In
                                                                                                           of giant clams can live in most of the                 this case, generalized evidence of
                                                     The petition indicates that giant clam                habitats available in coralline tropical               declining coral reef habitat is not
                                                   species merit listing due to all five ESA               seas (Munro 1992), with observations of                evidence of a significant threat to any of
                                                   section 4(a)(1) factors: Present or                     giant clam species inhabiting a diverse                the individual petitioned species to
                                                   threatened destruction, modification, or                variety of habitats (e.g., live coral, dead            infer extinction risk such that the
                                                   curtailment of its habitat or range;                    encrusted coral, coral rubble, seagrass                species may meet the definition of
                                                   overutilization for commercial,                         beds, sandy substrates, boulders,                      either threatened or endangered under
                                                   recreational, scientific, or educational                macroalgae zones, etc.; Gilbert et al.,                the ESA.
                                                   purposes; disease or predation;                         2006; Hernawan 2010). Additionally,                       In addition to habitat degradation as
                                                   inadequacy of existing regulatory                       while the petition describes the                       a result of various anthropogenic
                                                   mechanisms; and other natural or                        ecological importance of giant clams to                activities, the petition contends that
                                                   manmade factors affecting its continued                 coral reefs, the petition does not provide             climate change related threats,
                                                   existence. We first discuss each of these               any information demonstrating the                      including ocean warming and ocean
                                                   threats to giant clams in general, and                  importance of pristine coral reef habitat              acidification, are operative threats to all
                                                   then discuss these threats as they relate               to the survival of giant clam species.                 giant clam species and the coral reef
                                                   to each species, based on information in                   Finally, the petitioner also notes                  habitat they rely on. The petitioner cites
                                                   the petition and the information readily                evidence from the South China Sea that                 Brainard et al. (2011) and NMFS’
                                                   available in our files.                                 40 square miles (104 sq km) of coral                   proposed and final rules to list
                                                   Threats to Giant Clams                                  reefs have been destroyed as a result of               numerous reef-building corals under the
                                                                                                           giant clam poaching, with an additional                ESA (77 FR 73219; December 7, 2012
                                                   Present or Threatened Destruction,                      22 square miles (57 sq km) destroyed by                and 79 FR 53852; September 10, 2014)
                                                   Modification, or Curtailment of Its
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                                                                                                           island-building and dredging activities.               as substantial information to support
                                                   Habitat or Range                                        The petitioner notes that the main target              these claims. While we agree with the
                                                     The petition contends that all giant                  during these poaching activities is T.                 petitioner that coral bleaching events
                                                   clam species are at risk of extinction                  gigas, because its large shell is                      have been increasing in both intensity
                                                   due to habitat destruction. The                         considered a desirable luxury item in                  and geographic extent because of
                                                   petitioner cites Foster and Vincent                     mainland China. Although directed                      climate change, and the information in
                                                   (2004) and states that: ‘‘Giant clams                   poaching of giant clams would fall                     the petition suggests concern for coral
                                                   inhabit shallow coastal waters which                    under the threat of overutilization, the               reef ecosystems, we disagree with the
                                                   are highly vulnerable to habitat                        means of poaching (e.g., explosives,                   petitioner’s broad and generalized


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                                                   28950                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   application of this information to the                  approaches indicate that traditional                   particularly important given that giant
                                                   status of giant clams.                                  temperature threshold models may not                   clams do not have an obligate
                                                      With regard to climate change related                give an accurate picture of the likely                 relationship to coral reefs and, like
                                                   threats to coral reef habitat, NMFS’ final              outcomes of climate change for coral                   corals, occur in a wide variety of
                                                   rule to list 20 species of reef-building                reefs, and effects and responses will be               habitats that encompass diverse
                                                   corals (79 FR 53852; September 10,                      highly nuanced and heterogeneous                       physical environmental conditions that
                                                   2014) explains that exposure and                        across space and time (McClanahan et                   influence how a particular species
                                                   response of coral species to global                     al., 2015).                                            responds to global threats. Broad
                                                   threats varies spatially and temporally,                   In addition to bleaching, the                       generalizations regarding climate
                                                   based on variability in the species’                    petitioner similarly implies that ocean                change related threats and their impacts
                                                   habitat and distribution. The vast                      acidification is a threat to giant clam                cannot be applied as an equivalent
                                                   majority of coral species occur across                  habitat (i.e., corals and coral reefs). The            threat to corals and coral reef associated
                                                   multiple habitat types, or reef                         petition cites Brainard et al. (2011) and              species. In cases where the petitioner
                                                   environments, and have distributions                    states: ‘‘ocean acidification threatens to             provided relevant species-specific
                                                   that encompass diverse physical                         slow or halt coral growth and reef                     information regarding climate change
                                                   environmental conditions that influence                 building entirely if the pH of the ocean               impacts, we consider this information in
                                                   how that species responds to global                     becomes too low for corals to form their               further detail below in the individual
                                                   threats. Additionally, the best available               calcite skeletons.’’ The petition further              species accounts.
                                                                                                           states that bioerosion of coral reefs is
                                                   information, as summarized in Brainard                                                                         Overutilization for Commercial,
                                                                                                           likely to accelerate as skeletons become
                                                   et al. (2011) and the coral final rule (79                                                                     Recreational, Scientific, or Educational
                                                                                                           more fragile because of the effects of
                                                   FR 53852; September 10, 2014), shows                                                                           Purposes
                                                                                                           acidification. However, aside from these
                                                   that adaptation and acclimatization to                                                                            The petition describes several
                                                                                                           broad and generalized statements
                                                   increased ocean temperatures are                                                                               activities that may be contributing to the
                                                                                                           regarding the potential impacts of ocean
                                                   possible; there is intra-genus variation                                                                       overutilization of giant clams in general.
                                                                                                           acidification to giant clam habitat (based
                                                   in susceptibility to bleaching, ocean                                                                          The petition notes that harvest of giant
                                                                                                           largely on information regarding ocean
                                                   acidification, and sedimentation; at least                                                                     clams is for both subsistence purposes
                                                                                                           acidification impacts to corals and coral
                                                   some coral species have already                                                                                (e.g., giant clam adductor, gonad,
                                                                                                           reefs), the petition provides very limited
                                                   expanded their ranges in response to                    information regarding species-specific                 muscle, and mantle tissues are all used
                                                   climate change; and not all species are                 impacts of ocean acidification for most                for food products and local
                                                   seriously affected by ocean                             of the petitioned giant clam species.                  consumption), as well as commercial
                                                   acidification. In fact, some studies                    Additionally, as with coral bleaching,                 purposes for global international trade
                                                   suggest that coral reef degradation                     Brainard et al. (2011) and the coral final             (e.g., giant clam shells are used for a
                                                   resulting from global climate change                    rule (79 FR 53852; September 10, 2014)                 number of items, including jewelry,
                                                   threats alone is likely to be an extremely              show that adaptation and                               ornaments, soap dishes).
                                                   spatially, temporally, and taxonomically                acclimatization to ocean acidification                    The petition discusses a number of
                                                   heterogeneous process. These studies                    are possible, there is intra-genus                     commercial fisheries that operated
                                                   indicate that coral reef ecosystems,                    variation in susceptibility to ocean                   historically, including long-range
                                                   rather than disappear entirely as a result              acidification, and not all species are                 Taiwanese fishing vessels and some
                                                   of future impacts, will likely persist, but             seriously affected. The previous                       local fisheries that developed in the
                                                   with unpredictable changes in the                       discussion regarding spatial and                       1970s and 1980s (e.g., Papua New
                                                   composition of coral species and                        temporal variability regarding how coral               Guinea, Fiji, Maldives). According to
                                                   ecological functions (Hughes et al.,                    species respond to increasing                          Munro (1992), historical commercial
                                                   2012; Pandolfi et al., 2011). We have                   temperature also applies to how corals                 fisheries appear to have been limited to
                                                   additional information regarding                        respond to impacts of ocean                            long-range Taiwanese fishing vessels,
                                                   climate change impacts and predictions                  acidification. Despite the generally high-             which targeted the adductor muscles of
                                                   for coral reefs readily available in our                ranking global threats from climate                    larger species (e.g., T. gigas and T.
                                                   files, which indicates a highly nuanced                 change, including coral bleaching and                  derasa). This activity reached its peak in
                                                   and variable pattern of exposure,                       acidification and considerations of how                the mid-1970s and then subsided in the
                                                   susceptibility, resilience, and recovery                these threats may act synergistically,                 face of depleted stocks, strong
                                                   over regionally and locally different                   only 20 of the 83 petitioned coral                     international pressures, and improved
                                                   spatial and temporal scales, with much                  species ultimately warranted listing                   surveillance of reef areas (Munro 1992).
                                                   uncertainty remaining. The literature                   under the ESA. This underscores the                    In response to declining activities by the
                                                   underscores the multitude of factors                    fact that reef-building corals exist                   Taiwanese fishery and continuing
                                                   contributing to coral response to                       within a wide spectrum of susceptibility               demand for giant clam meat,
                                                   thermal stress, including taxa,                         and vulnerability to global climate                    commercial fisheries developed in
                                                   geographic location, biomass, previous                  change threats. Thus, at the broad level               Papua New Guinea, Fiji, and the
                                                   exposure, frequency, intensity, and                     of coral reefs, the information in the                 Maldives. For example, the Fijian
                                                   duration of thermal stress events, gene                 petition and in our files does not allow               fishery, which was exclusively for T.
                                                   expression, and symbiotic relationships                 us to conclude that coral reefs generally              derasa, landed over 218 tons over a 9-
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                                                   (Pandolfi et al., 2011; Putman et al.,                  are at such risk from ocean acidification              year period, with the largest annual
                                                   2011; Buddemeier et al., 2012; Sridhar                  effects as to threaten the viability of the            harvest totaling 49.5 tons in 1984. The
                                                   et al., 2012; Teneva et al., 2012; van                  petitioned giant clam species.                         petition cites Lewis et al. (1998) in
                                                   Hooidonk and Huber, 2012). Evidence                        Finally, the petition provided no                   stating this level of harvest is ‘‘thought
                                                   suggests that coral bleaching events will               information or analysis regarding how                  to have removed most of the available
                                                   continue to occur and become more                       changes in coral reef composition and                  stock,’’ but the authors actually stated
                                                   severe and more frequent over the next                  function because of climate change pose                that in 1984–85 there were still
                                                   few decades (van Hooidonk 2013).                        an extinction risk to any of the                       abundant populations on various reefs
                                                   However, newer multivariate modeling                    petitioned giant clam species. This is                 in the windward (Lau, Lomaiviti)


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                             28951

                                                   islands but subsequent commercial                       international trade to the other nine                  Marshall Islands, Tonga, and the FSM,
                                                   harvest has considerably reduced these                  petitioned giant clam species. Based on                producing an approximate average of
                                                   numbers. Because of these rapidly                       the information presented in the                       15–20,000 pieces of clams per year
                                                   depleting local stocks, government                      petition and in our files, we                          (Kinch and Teitelbaum 2009).
                                                   authorities closed the fisheries (Munro                 acknowledge that international trade                   Therefore, the international trade of
                                                   1992). The petition also noted historical               may be a threat to some species (e.g., T.              giant clams is complex, with many
                                                   commercial overutilization of giant                     gigas), but we cannot conclude that                    facets to consider, including the
                                                   clams (i.e., T. gigas and T. derasa) in                 international trade is posing an                       increasing influx of cultured giant clams
                                                   Palau. Hester and Jones (1974) recorded                 equivalent threat to all of the petitioned             into the trade. We acknowledge that the
                                                   densities of 50 T. gigas and 33 T. derasa               species, as it is clear that some giant                success of these restocking programs
                                                   per hectare at Helen Reef, Palau, before                clam species are more desirable and                    have been variable and limited in some
                                                   these stocks were ‘‘totally decimated by                targeted more for international trade                  locations (Teitelbaum and Friedman
                                                   distant-water fishing vessels’’ (Munro                  than others. A more detailed analysis of               2008); however, given the foregoing
                                                   1992), although no further information                  available species-specific trade                       information, we cannot conclude that
                                                   or citations are provided to better                     information presented in the petition                  international trade poses an equal
                                                   describe the decimation. The petition                   and in our files can be found in the                   extinction risk to all of the petitioned
                                                   discusses a few other studies that                      individual species accounts in later                   giant clam species. In cases where the
                                                   document historical overutilization of                  sections of this notice.                               petition did provide species-specific
                                                   giant clams in various locations,                          Although the petition does not                      information regarding commercial trade,
                                                   including Japan, Philippines, Malaysia,                 mention aquaculture and hatchery                       we consider this information, as well as
                                                   and Micronesia (Okada 1997; Villanoy                    programs, we found some information                    what is in our files, in the individual
                                                   et al., 1988; Tan and Yasin 2003; and                   in our files on numerous giant clam                    species accounts below.
                                                   Lucas 1994, respectively). Thus, it is                  aquaculture and hatchery programs                      Disease and Predation
                                                   clear that in some locations, giant clams,              throughout the Indo-Pacific, with
                                                   particularly the largest species (T. gigas                                                                        The petition states that predation is
                                                                                                           several species being cultured in                      not likely a threat to giant clam species,
                                                   and T. derasa), have likely experienced                 captivity for the purpose of
                                                   historical overutilization as a result of                                                                      as there is no evidence to suggest that
                                                                                                           international trade and restocking/                    levels of predation have changed or are
                                                   commercial harvest. However, it should                  reseeding programs to enhance wild                     unnaturally high and affecting the status
                                                   be noted that the large majority of the                 populations. Currently, a variety of                   of giant clam populations. We could
                                                   information provided in the petition                    hatchery and nursery production                        also find no additional information in
                                                   points to selective targeting of the                    systems are being utilized in over 21                  our files regarding the threat of
                                                   largest giant clam species, with limited                Indo-Pacific countries (Teitelbaum and                 predation for any of the petitioned clam
                                                   information on many of the other                        Friedman 2008), with several Pacific                   species.
                                                   petitioned giant clam species. Therefore,               Island Countries and Territories (PICTs)                  The petition asserts that because
                                                   we cannot conclude that overutilization                 across the Pacific using giant clam                    diseases have been documented in a
                                                   is contributing equally or to the same                  aquaculture and restocking programs to                 number of species and have likely
                                                   extent to the extinction risk of all giant              help enhance wild populations and                      increased in concert with climate
                                                   clam species. Thus, any individual                      culture clams for commercial use/trade.                change, they cannot be ruled out as a
                                                   studies and species-specific information                For example, the Cook Islands cultures                 threat. The petition presented some
                                                   are discussed and analyzed in further                   giant clams at the Aitutaki Marine                     limited information on diseases (e.g.,
                                                   detail in the individual species accounts               Research Center and exported 30,000                    impacts of protozoans and parasitic
                                                   below.                                                  giant clams from 2003 to 2006 for the                  gastropods on giant clams and other
                                                      In terms of current and ongoing                      global marine aquarium trade (Kinch                    bivalves on the Great Barrier Reef of
                                                   threats of overutilization to giant clams,              and Teitelbaum 2009). In 2005, the                     Australia), but did not provide any
                                                   the petition emphasizes the threat of the               Palau National Government established                  species-specific information regarding
                                                   growing giant clam industry in China,                   the Palau Maricultural Demonstration                   how diseases may be impacting giant
                                                   largely the result of improved carving                  Center Program to conduct research on                  clam populations to the point that
                                                   techniques, increased tourism in                        giant clam culture and to establish                    disease poses an extinction risk to any
                                                   Hainan, China, the growth in e-                         community-based giant clam grow-out                    of the petitioned clam species. We could
                                                   commerce, and the domestic Chinese                      farms. This program has helped                         also not find any additional information
                                                   wholesale market (Larson 2016). The                     establish 46 giant clam farms                          in our files regarding the threat of
                                                   petition also cites McManus (2016) to                   throughout Palau, with over two million                disease for any of the petitioned clam
                                                   note concerns that stricter enforcement                 giant clam ‘seedlings’ distributed (Kinch              species. Therefore, we conclude that the
                                                   of the trade in ivory products has                      and Teitelbaum 2009). At least 10                      petition does not provide substantial
                                                   diverted attention to giant clam shells.                percent of all giant clams from each                   information that disease or predation is
                                                   The petition points out that the giant                  farm are also kept aside to spawn                      a threat contributing to any of the
                                                   clam (T. gigas) is the main target for                  naturally in their own ranched                         species’ risk of extinction, such that it
                                                   international trade, as this species’ shell             enclosures, thus reseeding nearby areas.               is cause for concern.
                                                   is considered a desirable luxury item,                  In addition to being used to reseed areas
                                                                                                                                                                  Inadequacy of Existing Regulatory
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                                                   with a pair of high quality shells (from                in Palau, the program exported
                                                   one individual) selling for upwards of                  approximately 10,000 cultured giant                    Mechanisms
                                                   US $150,000. Therefore, the high value                  clams each year from 2005 to 2008 to                     The petition claims existing
                                                   and demand for large T. gigas shells                    France, Germany, Canada, the United                    regulatory mechanisms at the
                                                   may be a driving factor contributing to                 States (including Guam and the                         international, federal, and state level to
                                                   ongoing overutilization of the species.                 Federated States of Micronesia (FSM)),                 protect giant clams or the habitat they
                                                   However, aside from T. gigas, the                       Korea, and Taiwan. Other major                         need to survive are inadequate. The
                                                   petition provides very limited                          producers of cultured giant clams for                  petitioner asserts that not only are local
                                                   information regarding the threat of                     export include the Republic of the                     and national laws inadequate to protect


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                                                   28952                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   giant clams, but that international trade               Malaysia represents a different                        Trade Regulations
                                                   and greenhouse gas regulations are also                 proportion of each of the petitioned                      The petition asserts that international
                                                   inadequate. We address each of these                    species’ overall range, the potential                  regulations, specifically the CITES, are
                                                   topics separately below.                                inadequacy of regulatory mechanisms in                 inadequate to control commercial trade
                                                                                                           Malaysia will be assessed and                          of giant clam species. The petition
                                                   Local and National Giant Clam
                                                   Regulations                                             considered for each of the petitioned                  explains that although all members of
                                                                                                           species in the individual species                      the Tridacninae family are listed under
                                                      The petitioner notes that there are                  accounts below.                                        Appendix II of CITES, implementation
                                                   some laws for giant clams on the books                     Overall, the discussion of inadequate               and enforcement are likely not adequate
                                                   in certain locations, but only discusses
                                                                                                           regulatory mechanisms for giant clams                  and thus illegal shipments are not
                                                   regulations from the Philippines and
                                                                                                           at the national/local level by the                     necessarily intercepted. However, the
                                                   Malaysia and a separate issue of illegal
                                                                                                           petitioner focuses on Southeast Asia,                  assertions regarding illegal shipments
                                                   clam poaching in disputed areas of the
                                                                                                           without any information regarding                      were made broadly about wildlife
                                                   South China Sea. The petition
                                                                                                           regulatory mechanisms throughout large                 shipments in general, without providing
                                                   acknowledges that all species of giant
                                                                                                           portions of the rest of the ranges of the              any specific information or clear
                                                   clam in the Philippines are protected as
                                                                                                           species. However, we found regulations                 linkages regarding how CITES is failing
                                                   endangered species under the
                                                                                                           in our files in numerous countries                     to regulate international trade of each of
                                                   Philippine’s Fisheries Administrative
                                                                                                           throughout the tropical Pacific (e.g.,                 the petitioned giant clam species. The
                                                   Order No. 208 series of 2001 (Dolorosa
                                                   and Schoppe 2005), but states that                      PICTs) and Australia regarding the                     petition cites a number of CITES
                                                   despite this law, declines of giant clams               harvest of giant clams. For example, size              documents and states that these
                                                   continue. However, the only study                       limits and complete bans on commercial                 documents ‘‘show wide disparities in
                                                   presented on abundance trends since                     harvest are the most commonly used                     yearly giant clam trade figures,’’ which
                                                   the law was implemented in 2001 was                     fisheries management tools for giant                   suggest that some countries have failed
                                                   conducted on one reef (Tubbataha Reef;                  clams throughout the PICTs (Kinch and                  to exert control on the clam trade (bin
                                                   Dolorosa and Schoppe 2005). Dolorosa                    Teitelbaum 2009). Several countries,                   Othman et al., 2010). However, the
                                                   and Schoppe (2005) specifically stated                  including French Polynesia, Niue,                      petition did not provide any additional
                                                   that they could not conclude a                          Samoa, and Tonga, have size limits                     details explaining how these trade
                                                   continuous decline of tridacnids was                    imposed for certain species. Some                      figures demonstrate a risk of extinction
                                                   occurring because the much lower                        PICTs, such as Fiji and New Caledonia,                 to any particular species.
                                                   density observed in their study was                     both of which have active high volume                     Overall, the discussion of the
                                                   based on data taken from a single                       tourist trades, allow up to three giant                inadequacy of CITES is very broad and
                                                   transect. Prior to the study conducted by               clam shells (or six halves) not weighing               does not discuss how the inadequacy of
                                                   Dolorosa and Schoppe (2005), the only                   more than 3 kg to be exported with                     international trade regulations is
                                                   quantitative information presented was                  Convention on International Trade of                   impacting any of the petitioned species
                                                   from studies conducted in the 1980s                     Endangered Species of Wild Fauna and                   to the point that it is contributing to an
                                                   and 1990s (Villanoy et al., 1988; Salazar               Flora (CITES) permits. Other PICTs,                    extinction risk, with the exception of T.
                                                   et al., 1999). Therefore, based on the                  such as Guam and New Caledonia, have                   gigas and the growing giant clam
                                                   foregoing information, we cannot                        imposed bag-limits on subsistence and                  industry in China. For example, the
                                                   conclude that the aforementioned                        commercial harvest of giant clams.                     petition points out that the shape of the
                                                   fisheries law is inadequate for                         Papua New Guinea has imposed a ban                     large giant clam shells (T. gigas) makes
                                                   mitigating local threats to giant clams                 on the use of night lights to harvest                  them highly desirable for making large,
                                                   and slowing or halting population                       giant clams. There are also community-                 intricately carved scenes. In fact, the
                                                   declines in the Philippines. However,                   based cultural management systems in                   petition itself emphasizes that T. gigas
                                                   illegal poaching for some species does                  many PICTs like the Cook Islands where                 is the main giant clam species targeted
                                                   seem to be an issue in some areas of the                a local village or villages may institute              and poached in the South China Sea for
                                                   Philippines, notably in the protected                   rahui, or closed areas, for a period of                this particular trade. Therefore, from the
                                                   area of Tubbataha Reef National Marine                  time to allow stocks to recover                        information in the petition and our files,
                                                   Park. For example, hundreds of giant                    (Chambers 2007). Finally, the following                it is clear that some giant clam species
                                                   clams (T. gigas) were confiscated from                  PICTs have complete bans on                            are more desirable and targeted for the
                                                   Chinese fishermen who poached in the                    commercial harvest and export, with the                international trade than others, and thus
                                                   Park in the early 2000s (Dolorossa and                  exception of aquacultured species: FSM,                require more restrictive regulations to
                                                   Schoppe 2005), indicating that                          Fiji, French Polynesia, Kiribati, Palau,               ensure their sustainability. As discussed
                                                   regulatory mechanisms (e.g., the                        Solomon Islands, and Vanuatu (Kinch                    previously in the Overutilization for
                                                   protected area) may not be adequate to                  and Teitelbaum 2009). Therefore,                       Commercial, Recreational, Scientific, or
                                                   protect that highly sought after species.               without any information or analysis as                 Educational section above, we
                                                      The petitioner also notes that                       to how these regulatory measures are                   concluded that, for giant clams in
                                                   Malaysia’s Department of Fisheries has                  failing to address local threats to giant              general, the information in the petition
                                                   listed giant clams as protected species,                clams, we cannot conclude that there is                and our files does not constitute
                                                   but cites Tan and Yasin (2003) as                       substantial information indicating that                substantial information that
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                                                   evidence that giant clams continue to                   regulatory mechanisms for all of the                   international trade is posing an
                                                   decline despite this protective                         petitioned giant clam species are                      equivalent threat to all of the petitioned
                                                   regulation. The petition provides no                    equally inadequate such that they may                  giant clam species. Therefore, while we
                                                   details regarding when this law was                     be posing an extinction risk to the                    acknowledge that international trade
                                                   implemented or what specific                            species. Where more specific                           may be a threat to some species, and
                                                   protections it affords giant clams in                   information is available for a particular              existing regulations may be inadequate
                                                   Malaysian waters, nor could we find                     species, we consider this information in               and warrant further investigation, the
                                                   these details in the reference provided                 the individual species accounts later in               assertion that inadequate regulations for
                                                   (Tan and Yasin 2003). Given that                        this finding.                                          international trade is an equivalent


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                             28953

                                                   threat to all of the petitioned giant clam              Asia. The petition then describes several              sites and multiple major bleaching
                                                   species is not supported.                               studies on the physiological effects to                events (Hobbs et al., 2013). Based on
                                                                                                           giant clams from bleaching and ocean                   this example, generalized statements
                                                   Greenhouse Gas Regulations
                                                                                                           acidification, with the large majority of              about bleaching impacts to all
                                                      The petition claims that regulatory                  these studies conducted on T. gigas.                   organisms that have symbiotic
                                                   mechanisms to curb greenhouse gas                       However, while the petition provides                   dinoflagellates being analogous are not
                                                   emissions and reduce the effects of                     some evidence that giant clams                         supported by the best available
                                                   global climate change are inadequate to                 experience bleaching as a result of                    information.
                                                   protect giant clams from the threats                    increased temperature, there is no                        Without species-specific information
                                                   climate change poses to the species and                 discussion regarding how giant clams                   on how ocean warming-induced
                                                   their habitat. The petition goes on to                  tolerate bleaching or the extent to which              bleaching affects each of the petitioned
                                                   explain that climate change threats,                    bleaching leads to mortality for the                   giant clam species (e.g., mortality rates
                                                   including bleaching and ocean                           majority of the petitioned species. For                and evidence of negative population
                                                   acidification, represent the most                       example, the petition discusses a study                level effects), we cannot conclude that
                                                   significant long-term threat to the future              by Leggat et al. (2003), in which the                  bleaching caused by ocean warming
                                                   of global biodiversity. Information in                  symbiotic zooxanthellae in T. gigas                    may be acting equally on all of the
                                                   our files and from scientific literature                declined 30-fold during the 1998 global                petitioned species to the point that the
                                                   indeed indicates that greenhouse gas                    coral bleaching event, leading to a loss               petitioned action may be warranted.
                                                   emissions have a negative impact to reef                of the nutrition provided by                           Where the petition provides some
                                                   building corals (NMFS 2012). However,                   zooxanthellae in ways very similar to                  species-specific information regarding
                                                   as we discussed in detail previously,                   the effects on stony corals; however, the              the effects of temperature-induced
                                                   beyond this generalized global threat to                petition failed to present any discussion              bleaching, we consider this information
                                                   coral reefs, we do not find that the                    or analysis as to how this stressor is                 in more detail in the individual species
                                                   petition presents substantial                           linked to mortality of giant clams or                  accounts below.
                                                   information indicating that the effects of              population declines. In fact, the main                 Ocean Acidification
                                                   greenhouse gas emissions are negatively                 conclusion of the Leggat et al. (2003)
                                                   affecting the petitioned species or their                                                                         Similar to the effects of ocean
                                                                                                           study states:
                                                   habitat such that they may warrant                                                                             warming, the petitioner discusses ocean
                                                                                                              Despite this significant reduction in               acidification as a threat contributing to
                                                   listing under the ESA. In particular, the               symbiont population, and the consequent
                                                   information in the petition and in our                                                                         the extinction risk of all of the
                                                                                                           changes to their carbon and nitrogen budgets,
                                                   files does not indicate that the loss of                                                                       petitioned giant clam species. The
                                                                                                           the clams are able to cope with bleaching
                                                   coral reef habitat or the direct effects of             events significantly better than corals. During        petitioner asserts that the effects of
                                                   ocean warming and acidification is                      the recovery of clams after an artificial              ocean acidification will likely accelerate
                                                   contributing to the extinction risk of the              bleaching event only three out of 24 clams             the bioerosion of giant clam shells and
                                                   petitioned species (refer back to the                   died, and personal observations at Orpheus             lead to their increased fragility. To
                                                                                                           Island indicated that survival rates of                support this assertion, the petition cites
                                                   Present or Threatened Destruction,                      bleached clams were greater than 95 percent            two studies. One study (Waters 2008)
                                                   Modification or Curtailment of its                      under natural conditions. This is in contrast          looked at cultured specimens of T.
                                                   Habitat or Range section above and the                  to reports indicating coral mortality in some          maxima in a lab experiment and found
                                                   Other Natural or Manmade Factors                        species can be as great as 99 percent.
                                                                                                                                                                  that T. maxima juveniles exposed to
                                                   section below). Therefore, with the                        Therefore, although giant clams and                 pCO2 concentrations approximating
                                                   exception of species for which species-                 stony corals can experience similar                    glacial (180 ppm), current (380 ppm)
                                                   specific information is available                       bleaching of their symbiotic                           and projected (560 ppm and 840 ppm)
                                                   regarding negative responses to ocean                   zooxanthellae, this does not necessarily               levels of atmospheric CO2 (per the IPCC
                                                   warming or acidification, inadequate                    equate to analogous impacts of                         IS92a scenario) suffered decreases in
                                                   regulatory mechanisms controlling                       widespread bleaching-induced mortality                 size and dissolution, and this occurred
                                                   greenhouse gas emissions are not                        from ocean warming. As discussed for                   below thresholds previously considered
                                                   considered a factor that may be                         another reef-dwelling organism in the                  detrimental to other marine organisms
                                                   contributing to the extinction risk of the              orange clownfish 12-month finding (80                  in similar conditions. We discuss these
                                                   petitioned species.                                     FR 51235), anemones also have                          results and implications in further detail
                                                   Other Natural or Manmade Factors                        symbiotic zooxanthellae, but literature                in the T. maxima species account
                                                   Affecting Its Continued Existence                       on the effects of ocean warming on                     below.
                                                                                                           anemones show results that are not                        The second study (Lin et al., 2006)
                                                   Ocean Warming and Giant Clam                            necessarily analogous with corals either,              did not specifically evaluate impacts of
                                                   Bleaching                                               and in fact show high variability                      ocean acidification but instead involved
                                                     The petitioner discusses the climate                  between and within species. Even                       mechanical tests on the shells of conch
                                                   change-related impacts of ocean                         individual anemones can show varying                   (Strombus gigas), giant clam (T. gigas),
                                                   warming and giant clam bleaching as an                  responses across different bleaching                   and red abalone (Haliotis rufescens) for
                                                   extinction risk to all the petitioned giant             events. Although observed anemone                      a comparison of strength with respect to
                                                   clam species. In terms of giant clam                    bleaching has thus far been highly                     the microstructural architecture and
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                                                   bleaching, the petitioner argues that                   variable during localized events, the                  sample orientation. The study found
                                                   giant clams are like stony corals, in that              overall effect of bleaching events on                  that although the structure of the T.
                                                   the Symbodinium zooxanthellae in giant                  anemones globally (i.e., overall                       gigas shell had the lowest level of
                                                   clams are subject to bleaching and other                proportion of observed anemones that                   organization of the three shells, its sheer
                                                   effects from high temperature. The                      have shown ill effects) has been of low                size results in a strong overall system
                                                   petitioner provides a number of studies                 magnitude at sites across their ranges. In             (Lin et al., 2006). The petitioner claims
                                                   documenting giant clam bleaching in                     fact, only 3.5 percent of the nearly                   that because T. gigas has the lowest
                                                   various locations, including the Great                  14,000 observed anemones were                          flexural shell strength relative to the two
                                                   Barrier Reef in Australia and Southeast                 recorded as bleached across 19 study                   other types of shells tested, that any loss


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                                                   28954                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   of shell material or strength from the                  information, we consider this                          this species. He cites Shelley (1989)
                                                   effects of ocean acidification may have                 information in further detail in the                   who found second sexual maturity in H.
                                                   a greater negative effect on giant clams                individual species accounts below.                     hippopus at Orpheus Island, Great
                                                   than on other large molluscs. However,                                                                         Barrier Reef, at a shell size of 145mm
                                                                                                           Individual Species Accounts
                                                   this statement is speculative, and no                                                                          which equated to 2 years of age for
                                                   additional information or references                      Based on the information presented in                males and 4 years of age for
                                                   were provided to support this claim.                    the petition and in our files, we made                 hermaphrodites of the species from the
                                                      Overall, while we agree that ocean                   10 separate 90-day findings, one for                   study area. He cites Stephenson (1934)
                                                   acidification is likely to continue and                 each of the petitioned giant clam                      and Shelley (1989) who reported that H.
                                                   increase in severity over time within the               species. We first address the seven                    hippopus spawns in the austral summer
                                                   ranges of the giant clam species,                       species for which we have determined
                                                   resulting in various detrimental                                                                               months of December to March on the
                                                                                                           that the information presented in the
                                                   impacts, additional information in our                                                                         Great Barrier Reef, which is also
                                                                                                           petition and in our files constitutes
                                                   files also underscores the complexity                   substantial information that the                       supported by Munro (1992) who found
                                                   and uncertainty associated with the                     petitioned action may be warranted (i.e.,              spawning of H. hippopus to be
                                                   various specific effects of ocean                       positive 90-day finding). Because we                   restricted to a short summer season in
                                                   acidification across the ranges of giant                will be addressing all potential threats               the central region of the Great Barrier
                                                   clams. There are numerous complex                       to these species in forthcoming status                 Reef. In Palau, Hardy and Hardy (1969)
                                                   spatial and temporal factors that                       reviews, we will only provide                          reported that H. hippopus spawned in
                                                   compound uncertainty associated with                    summaries of the main threat                           June. In a detailed study of early life
                                                   projecting effects of ocean acidification               information in these species accounts as               history in Guam, fertilized eggs of H.
                                                   on coral reef associated species such as                opposed to addressing every ESA                        hippopus had a mean diameter of 130.0
                                                   giant clams. Further, as explained in the               (4)(a)(1) factor. Then, we address the                 mm (micrometers; 13 cm; Jameson 1976).
                                                   final rule to list 20 reef-building coral               remaining three species for which we                   According to the same study, settlement
                                                   species under the ESA (79 FR 53852;                     determined that the information                        in Guam occurred 9 days after
                                                   September 10, 2014), projecting species-                presented in the petition and in our files             fertilization at a mean shell length of
                                                   specific responses to global threats is                 does not constitute substantial                        202.0 mm (20.2 cm) for H. hippopus.
                                                   complicated by several physical and                     information that the petitioned action is              Juveniles of H. hippopus in Guam first
                                                   biological factors that also apply to the               warranted (i.e., negative 90-day finding).             acquired zooxanthellae after 25 days
                                                   petitioned giant clam species. First,                   In these species accounts, we address                  and juvenile shells showed first signs of
                                                   global projections of changes to ocean                  every ESA (4)(a)(1) factor individually.               becoming opaque after 50 days (Jameson
                                                   acidification into the future are
                                                   associated with three major sources of                  Hippopus hippopus                                      1976).
                                                   uncertainty, including greenhouse gas                   Species Description                                    Range, Habitat, and Distribution
                                                   emissions assumptions, strength of the
                                                   climate’s response to greenhouse gas                       The petition does not provide any                      The petition includes a range map for
                                                   concentrations, and large natural                       descriptive information for H. hippopus.               H. hippopus that was excerpted from
                                                   variations. There is also spatial and                   We found some information in our files                 bin Othman et al. (2010). bin Othman et
                                                   temporal variability in projected                       describing this species. Its shell exterior            al. (2010) note that data from Reef
                                                   environmental conditions across the                     is off-white with a yellowish orange                   Check (www.reefcheck.org) indicate that
                                                   ranges of the species. Finally, species-                coloring and reddish blotches arranged                 there are populations of giant clams
                                                   specific responses depend on numerous                   in irregular concentric bands; the shell               beyond the species-specific boundaries
                                                   biological characteristics, including (at a             interior is porcelaneous white,                        described by the references on which
                                                   minimum) distribution, abundance, life                  frequently flushed with yellowish
                                                                                                                                                                  the range maps within bin Othman et al.
                                                   history, susceptibility to threats, and                 orange on the ventral margin, and the
                                                                                                                                                                  (2010) are based, although no further
                                                   capacity for acclimatization.                           mantle ranges from a yellowish-brown,
                                                                                                           dull green, or grey (Kinch and                         detail is provided for any species. This
                                                      In this case, the petition did not
                                                   provide sufficient information regarding                Teitelbaum 2009). Maximum shell                        applies to all species for which range
                                                   the likely impacts of ocean acidification               length for H. hippopus is 40 cm, but it                maps based on bin Othman et al. (2010)
                                                   on specific giant clam species or their                 is commonly found at lengths up to 20                  are provided in this finding. The range
                                                   populations. Without any analysis of                    cm. It can be found on sandy bottoms                   map for H. hippopus provided in the
                                                   how ocean acidification may be                          of coral reefs in shallow water to a                   petition does include several U.S.
                                                   negatively impacting each of the                        depth of 6 m. Smaller specimens (up to                 Pacific areas including Guam,
                                                   petitioned giant clam species (with the                 about 15 cm in length) are often                       Commonwealth of the Northern Mariana
                                                   exception of T. maxima and T.                           attached to coral rubble by their byssal               Islands (CNMI), and Wake Atoll.
                                                   squamosa), we cannot conclude that                      strings, while large and heavy                         According to the petition, H. hippopus
                                                   substantial information was provided to                 specimens are unattached and lack a                    also historically occurred in Singapore
                                                   indicate effects of ocean acidification                 byssus (Kinch and Teitelbaum 2009).                    (Neo and Todd 2012b and 2013) and the
                                                   may be acting on all of the petitioned                                                                         United States, although locations in the
                                                   species to the point that the petitioned                Life History
                                                                                                                                                                  United States are not specified and no
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                                                   action may be warranted. In cases where                   The petitioner provides some                         reference is provided.
                                                   the petition did provide species-specific               information on life history specific to




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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                           28955




                                                      According to Munro (1992), H.                        Indonesia. Upon review of this                         hippopus declined by 97 percent in
                                                   hippopus occurs in the widest range of                  reference, more specifically, the authors              Tubbataha Reef Park in the Philippines
                                                   habitat types of all the Tridacninae                    found many small shells of H. hippopus                 from 1995–2005 based on a survey by
                                                   species. This species is seemingly                      but no living specimens in their survey                Dolorosa and Schoppe (2005). However,
                                                   equally comfortable on sandy atoll                      area of seven island transects in Central              upon closer review of this reference, the
                                                   lagoon floors or exposed intertidal                     Java, Indonesia. The authors noted that                data in Dolorosa and Schoppe (2005)
                                                   habitats, and similar to T. gigas, which                because of time constraints, it was not                indicating a substantial decline in H.
                                                   is found in many habitats (e.g., high or                possible to cover more than a very small               hippopus density was taken from a
                                                   low islands, lagoons, or fringing reefs;                proportion of the total area suitable for              single transect; as such, the authors
                                                   Munro 1992).                                            clam growth in Karimun Jawa. Thus,                     concluded that a continuous decline of
                                                                                                           confining the survey to such a small                   the Tridacnids (including H. hippopus)
                                                   Population Status and Abundance                         area could have affected the results.                  could not be confirmed. Finally, Salazar
                                                   Trends                                                  Hernawan (2010) found small                            et al. (1999) did a stock assessment of
                                                      Although an overall population                       populations and evidence of                            giant clams (including H. hippopus) in
                                                   abundance estimate or population                        recruitment failure in the six species                 the Eastern Visayas of the Philippines
                                                   trends for H. hippopus are not                          found during a survey of Kei Kecil,                    and found most of the populations were
                                                   presented, the petitioner does provide                  Southeast-Maluku, Indonesia, including                 made up of juveniles with insufficient
                                                   some limited abundance information                      H. hippopus. The authors conducted                     numbers of breeders to repopulate the
                                                   from various locations within the                       giant clam surveys in nine sites out of                region, although this reference was
                                                   species’ range. For example, the petition               the many thousands of islands that                     unavailable for review. Notably, the
                                                   cites Tan and Yasin (2003) who state                    make up Indonesia. At another site in                  petition cites Thamrongnavasawat
                                                   that giant clams of all species but T.                  Indonesia, Eliata et al. (2003) reported               (2001) as reporting that H. hippopus is
                                                   crocea are considered endangered in                     an 84 percent decline in H. hippopus                   considered extinct in Mo Ko Surin
                                                   Malaysia. The authors mention                           based on surveys of Pari Island from                   National Park in Thailand, although the
                                                   underwater surveys that reveal the                      1984 and 2003. This species is                         bibliographic information provided for
                                                   ‘‘distribution of giant clams are                       presumed nationally extinct in                         this reference did not allow us to access
                                                   widespread but their numbers are very                   Singapore (Neo and Todd 2012a, 2013)                   it for review.
                                                   low,’’ but there are no references                      and has been reported as extirpated                       While individually and collectively
                                                   provided by the authors to provide any                  from Fiji, Tonga, Samoa and American                   the studies discussed in this section
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                                                   more detail or support for this                         Samoa, Guam, the Mariana Islands, and                  represent a small portion of H.
                                                   information, which makes it difficult to                Taiwan (Wells 1996a, Skelton et al.                    hippopus’ total geographic range,
                                                   interpret this information for individual               2002, Teitelbaum and Friedman 2008).                   localized declines and potential
                                                   species. The only species-specific                         The petition presents three references              extirpations of this species in small
                                                   information for H. hippopus in this                     from the Philippines on H. hippopus.                   areas are spread throughout its range
                                                   reference is that it occurs in Malaysian                Villanoy et al. (1988) states this species             and not confined to one area that may
                                                   waters. The petition states that Brown                  has been overexploited based on the                    be disproportionately affected by some
                                                   and Muskanofola (1985) found that H.                    export volumes of giant clam shells. The               negative impact. Thus, the number and
                                                   hippopus was locally extinct in                         petitioner claims densities of H.                      spatial distribution of localized severe
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                                                   28956                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   declines or extirpations in the context of              substantial information that climate                   to determine what has potentially
                                                   the species’ range may be contributing                  change may be acting on H. hippopus as                 caused these declines and extirpations.
                                                   to an elevated extinction risk for this                 a species to the extent that it needs
                                                                                                                                                                  Hippopus porcellanus
                                                   species such that it warrants further                   protection under the ESA, the impacts
                                                   investigation.                                          of ocean warming will be further                       Species Description
                                                                                                           evaluated for H. hippopus in the status
                                                   Threats to Hippopus hippopus                                                                                      The petition does not provide any
                                                                                                           review based on the best available
                                                     The petition presents three studies                   information.                                           descriptive information for H.
                                                   with species-specific information                          Finally, Norton et al. (1993) found                 porcellanus. We found some
                                                   regarding threats to H. hippopus. Some                  two incidences of mortality in H.                      information in our files describing this
                                                   historical information indicates that                   hippopus from rickettsiales-like                       species. Commonly known as the China
                                                   shells of H. hippopus (long extirpated in               organisms in cultured clams in the                     clam, H. porcellanus grows to a
                                                   Fiji) occur in shell middens at the                     western Pacific, one in the Philippines                maximum of 40 cm, but is commonly
                                                   Lapita-era (1100–550 B.C.) settlements                  and one in Kosrae. However, it is not                  found up to 20 cm in shell length. The
                                                   (Bourewa and Qoqo) along the Rove                       uncommon among individuals cultured                    shell exterior is off-white, occasionally
                                                   Peninsula in Fiji; the valve size and                   in close proximity to be afflicted with                with scattered weak reddish blotches.
                                                   weight increase with depth (i.e., age) in               parasites or diseases that spread quickly              The shell interior is porcelaneous white,
                                                   the midden, suggesting that human                       (Norton et al., 1993). While this does not             more or less flushed with orange on the
                                                   consumption contributed to its local                    constitute substantial information that                ventral margin, and the mantle ranges
                                                   disappearance (Seeto et al. 2012). While                disease or parasites may be acting on H.               from a yellowish-brown, dull green or
                                                   this one piece of evidence does not                     hippopus as a species to the extent it                 grey (Kinch and Teitelbaum 2009). This
                                                   constitute substantial information that                 needs the protections of the ESA, the                  species can be distinguished from its
                                                   overharvest may be acting or may have                   threats of disease and parasites will be               congener, H. hippopus, by its smoother
                                                   acted on H. hippopus as a species to the                further evaluated in a forthcoming                     and thinner shells and presence of
                                                   extent that it needs protection under the               status review.                                         fringing tentacles at its incurrent siphon
                                                   ESA, the threat of overexploitation will                                                                       (Neo et al., 2015).
                                                   be evaluated in the status review.                      Conclusion
                                                                                                                                                                  Life History
                                                   Blidberg et al. (2000) studied the effect                  In conclusion, the information
                                                   of increasing water temperature on T.                   provided on threats for this species is                   Aside from the information already
                                                   gigas, T. derasa, and H. hippopus at a                  limited and the individual studies by                  discussed previously in the Giant Clam
                                                   laboratory in the Philippines. Hippopus                 themselves are not substantial                         Life History section, the petition did not
                                                   hippopus experienced increased                          information indicating the petitioned                  provide any life history information
                                                   respiration and production of oxygen in                 action may be warranted for the species.               specific to H. porcellanus, nor could we
                                                   elevated temperatures and was therefore                 However, the evidence presented of                     find any additional information in our
                                                   more sensitive to higher temperature                    localized declines or extirpations in                  files on the life history of this species.
                                                   than the two other species tested. After                different parts of the species’ range does             Range, Habitat, and Distribution
                                                   24 hours at ambient temperature plus 3                  suggest that one or more threats may be
                                                   °C, however, no bleaching was observed                  acting on the species throughout all or                  Hippopus porcellanus has one of the
                                                   for any of the species. While we                        a significant portion of its range and the             most restricted geographic ranges of the
                                                   acknowledge the potential for ocean                     petitioned action may be warranted. The                petitioned giant clam species. The
                                                   warming to have an effect on this                       number and spatial distribution of                     petition notes that the species only
                                                   species, this was a limited experiment,                 localized severe declines or extirpations              occurs in Palau, Indonesia, and the
                                                   the results of which are difficult to                   in the context of the species’ range may               Philippines based on the IUCN
                                                   interpret in terms of the potential                     be contributing to an elevated extinction              assessment (Wells 1996); however, in
                                                   species-level or even localized impacts                 risk for this species such that it warrants            the population abundance and trends
                                                   of physiological stress due to elevated                 further investigation. The best available              section, the petition notes the
                                                   ocean temperatures in the wild in the                   information on the species’ overall                    endangered status of H. porcellanus in
                                                   context of this assessment. While this                  status and all potential threats will be               Malaysia, placing its occurrence there as
                                                   one study does not constitute                           evaluated in a forthcoming status review               well.
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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                            28957




                                                      H. porcellanus can be found in                       porcellanus in this reference is that it is            gives cause for concern and warrants
                                                   shallow waters on sandy bottoms of                      restricted to Sabah, Eastern Malaysia.                 further investigation.
                                                   coral reefs. Young specimens are often                     The petition asserts that H.                           While H. porcellanus also occurs in
                                                   attached to coral heads via their byssus,               porcellanus is overexploited and                       Indonesia and Palau, the petition did
                                                   whereas mature individuals lack a                       depleted in the Philippines based on                   not provide any additional information
                                                   byssus and lay unattached on the                        Villanoy et al., (1988) and Rubec et al.,              regarding the species’ status or
                                                   substrate (Rosewater 1982).                             (2001). Villanoy et al., (1988) examined               abundance trends in these locations.
                                                                                                           average size frequency distributions of                The information provided by the
                                                   Population Status and Abundance                                                                                petitioner for giant clams in Indonesia is
                                                   Trends                                                  giant clams harvested from the Sulu
                                                                                                           Archipelago and Southern Palawan                       from a location where H. porcellanus is
                                                                                                                                                                  not known to occur (i.e., Kei Kecil,
                                                      The petition does not provide an                     areas from 1978 to1985, and determined
                                                                                                                                                                  Indonesia). We could not otherwise find
                                                   overall population abundance or trend                   that H. porcellanus was overexploited in
                                                                                                                                                                  any information in our files from
                                                   estimate for H. porcellanus as a species                the Philippines as early as the 1980s.
                                                                                                                                                                  Indonesia or Palau regarding the status
                                                   throughout its range. The petition does,                The authors note that these findings
                                                                                                                                                                  of H. porcellanus in these locations.
                                                   however, provide limited, localized                     have serious implications given that the
                                                                                                                                                                     Overall, while the information
                                                   information on the population status                    Sulu Archipelago and Southern
                                                                                                                                                                  presented in the petition is very limited
                                                   and abundance trends of H. porcellanus,                 Palawan may be the last strongholds of                 regarding the species’ current status and
                                                   with some information from Malaysia                     all giant clam species occurring in                    abundance trends throughout its range
                                                   and the Philippines, but no species-                    Philippine waters. Rubec et al. (2001)                 and would not in and of itself constitute
                                                   specific information from other parts of                more recently described H. porcellanus                 substantial information, the species’
                                                   the species’ range, including Indonesia                 as ‘‘depleted,’’ but they did not provide              range is significantly restricted.
                                                   and Palau. As discussed in other species                any references or additional detail to                 Therefore, given that the species only
                                                   accounts, the petitioner cites Tan and                  help us determine what they meant by                   occurs in four countries, the information
                                                   Yasin (2003), who state that giant clams                ‘‘depleted’’ or how this current                       presented in the petition from the
                                                   of all species but T. crocea are                        information relates to historical                      Philippines, albeit limited, gives cause
                                                   considered endangered in Malaysia. As                   abundance of the species in Philippine                 for concern that the species may have an
                                                   noted previously, the authors mention                   waters. Without any quantitative                       elevated extinction risk that warrants
                                                   underwater surveys that reveal that the                 information on abundance trends of H.
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                                                                                                                                                                  further investigation.
                                                   ‘‘distribution of giant clams are                       porcellanus in the Philippines since the
                                                   widespread but their numbers are very                   1980s, it is difficult to determine what               Threats to H. porcellanus
                                                   low,’’ but the authors do not provide                   the present status of the species is in                  The only species-specific information
                                                   any references with any more detail or                  this portion of its range. However, we                 provided by the petition regarding
                                                   support for this information, which                     note that because H. porcellanus has an                threats to H. porcellanus is related to
                                                   makes it difficult to interpret this                    extremely restricted geographic range,                 overutilization in the Philippines. As
                                                   information for individual species. The                 occurring in only three countries,                     described in the Population Status and
                                                   only species-specific information for H.                overexploitation in the Philippines                    Abundance Trends section above, the
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                                                   28958                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   petitioner cited Villanoy et al. (1988) as              concerns for reasons discussed above.                  information for T. costata, but we found
                                                   evidence of overutilization of H.                       However, given the species’ extremely                  some limited information in one of the
                                                   porcellanus. Villanoy et al. (1988) notes               restricted range, combined with                        references provided that suggests a
                                                   that giant clams have long been                         evidence of localized declines and                     narrow reproductive period. Richter et
                                                   harvested by subsistence fishermen in                   historical overutilization in the                      al. (2008) found marked differences in
                                                   the Indo-Pacific Region as a                            Philippines, we find the information                   the seasonal times of reproduction
                                                   supplementary source of protein.                        compelling enough to conclude that the                 between T. costata and its Red Sea
                                                   Additionally, in some areas of the                      petitioned action may be warranted. The                congeners (T. maxima and T.
                                                   Philippines (e.g. Sulu Archipelago,                     best available information on the                      squamosa). Specifically, T. costata’s
                                                   Southern Palawan), giant clams are also                 species’ overall population status and
                                                                                                                                                                  reproductive period appears to be an
                                                   harvested commercially for their shells.                all potential threats will be evaluated in
                                                                                                                                                                  early and brief period in spring,
                                                   After examining average size frequency                  a forthcoming status review.
                                                                                                                                                                  coinciding with the seasonal planktonic
                                                   distributions of giant clams harvested                  Tridacna costata (T. squamosina)                       bloom (Richter et al., 2008). This narrow
                                                   from the Sulu Archipelago and
                                                   Southern Palawan areas from 1978–                       Species Description                                    reproductive window may make T.
                                                   1985, Villanoy et al. (1988) determined                                                                        costata particularly vulnerable to
                                                                                                              Tridacna costata has been described                 overfishing. The timing of T. costata’s
                                                   that H. porcellanus was overexploited in                only recently (Richter et al., 2008; bin
                                                   the Philippines as early as the 1980s,                                                                         reproduction combined with the small
                                                                                                           Othman et al., 2010), but it has been
                                                   and is no longer commercially                                                                                  diameter of the ova (75 ±2 [SEM] mm)
                                                                                                           shown to be a junior synonym of the
                                                   harvested. As noted previously, the                     previously described T. squamosina                     suggests a planktotrophic (i.e., feeding
                                                   Sulu Archipelago and Southern                           (Borsa et al., 2015a). This species of                 on plankton) development of the larvae.
                                                   Palawan areas are thought to be the last                giant clam grows to 32 cm (Neo et al.,                 This contrasts with the lecithotrophic
                                                   strongholds of giant clams in Philippine                2015) and features 5–7 deep rib-like                   (i.e., yolk-feeding) and hence food-
                                                   waters. Therefore, the overexploitation                 vertical folds, resulting in a zig-zag                 independent larval development in the
                                                   of H. porcellanus as of the 1980s and its               dorsal shell margin. According to                      summer-spawning T. squamosa and T.
                                                   restricted range could have serious                     Richter et al., (2008), the mantle is most             maxima, which also have much larger
                                                   implications regarding the species’                     commonly a subdued brown mottled                       eggs (35 percent ±1 percent and 41
                                                   extinction risk. More recently, Rubec et                pattern; mantle margins are green with                 percent ±2 percent by volume,
                                                   al. (2001) similarly document that H.                   prominent ‘‘wart-like’’ protrusions and                respectively; Richter et al., 2008).
                                                   porcellanus has been depleted to such                   pale striations following mantle
                                                   an extent that it is no longer                          contour. These features (the pronounced                Range, Habitat, and Distribution
                                                   commercially viable for harvesting in                   rib-like vertical folds and the prominent                Among giant clam species, T. costata
                                                   the Philippines.                                        wart-like protrusions on the mantle                    has one of the most restricted
                                                                                                           tissue) are the main diagnostic features
                                                   Conclusion                                                                                                     geographical ranges, occurring only in
                                                                                                           that separate T. costata from its
                                                      In conclusion, the information                                                                              the Red Sea. Richter et al. (2008)
                                                                                                           sympatric congeners. These features are
                                                   provided on population abundance and                    conservatively present even in small                   describes the species as occurring
                                                   threats for this species is limited and by              clams <10 cm shell length (Richter et                  throughout the northeastern Gulf of
                                                   itself would not be considered                          al., 2008).                                            Aqaba (type locality), Sinai coast,
                                                   substantial information indicating the                                                                         western Gulf of Aqaba, northern Red
                                                   petitioned action may be warranted. The                 Life History                                           Sea, and Egyptian mainland down to
                                                   individual studies presented are not                      The petition itself does not describe                Hurghada and Safaga.
                                                   compelling evidence of species level                    any species-specific life history
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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                            28959




                                                     In a survey of giant clams in the Red                 highest numbers for the species                        reef top gathering), it is likely that
                                                   Sea, Richter et al. (2008) noted that live              occurred on offshore shoals in the Red                 overutilization of the species has
                                                   specimens of T. costata were found                      Sea proper; however, adult broodstock                  contributed to its significant decline.
                                                   exclusively in very shallow water                       was below detection in much of the                     Therefore, we conclude that the petition
                                                   including reef flats, seagrass beds,                    study area (Richter et al., 2008). In fact,            presents substantial information that
                                                   sandy-rubble flats, on slight depressions               only 13 live individuals of T. costata                 overutilization may be a threat
                                                   in barren rocky flats, or under branching               were observed along the entire                         contributing to an elevated extinction
                                                   corals or coral heads shallower than 2m.                Jordanian Red Sea coast, which                         risk for this particular species.
                                                   All clams were weakly attached to the                   prevented collection of paratypes                      Conclusion
                                                   substrate. Thus, unlike its Red Sea                     (Richter et al., 2008).
                                                   congeners T. maxima and T. squamosa,                                                                              Based on the above information, we
                                                                                                           Threats to T. costata                                  find that the petition presents
                                                   which have broad vertical ranges of
                                                   distribution, T. costata is restricted to                  Based on the limited information in                 substantial scientific and commercial
                                                   the reef top (Richter et al., 2008).                    the petition, we determined that                       information indicating that the
                                                                                                           historical and ongoing overutilization                 petitioned action of listing T. costata as
                                                   Population Status and Abundance                                                                                threatened or endangered may be
                                                                                                           may be a threat contributing to an
                                                   Trends                                                                                                         warranted. Its highly restricted range,
                                                                                                           elevated extinction risk for this species
                                                      Given the recent description of this                 that warrants further investigation,                   reduced abundance, low productivity
                                                   species, information on its current                     particularly given the species’ restricted             (due to its narrow reproductive
                                                   population status and abundance trends                  geographic range and shallow depth                     periodicity), and the threat of
                                                   is limited. However, one available study                distribution. In general, Tridacna stocks              overutilization for commercial purposes
                                                   suggests a significant historical decline               in the Red Sea have declined to less                   may be contributing to an elevated risk
                                                   of the species. Results of surveys along                than 5 percent of their sizes in the 1980s             of extinction such that the petitioned
                                                   the shores and well-dated emerged reef                  and 1990s, largely due to artisanal reef-              action may be warranted. The best
                                                   terraces of Sinai and Aqaba show that T.                top gathering for meat and shells (Richer              available information on the species’
                                                   costata comprised >80 percent of giant                  et al., 2008). Richter et al. (2008) notes             overall population status and all
                                                   clam stocks prior to the last interglacial              that modern humans have likely been                    potential threats will be evaluated in a
                                                   period (122,000 to 125,000 years ago).                  exploiting Red Sea mollusks for at least               forthcoming status review.
                                                   Subsequently, the proportion of T.                      125,000 years. Although natural                        Tridacna derasa
                                                   costata plunged to <5 percent in freshly                disturbances may be responsible for
                                                   discarded shell middens (Richter et al.,                variable rates of recruitment and                      Species Description
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                                                   2008). Currently, the species is thought                mortality among the three Red Sea giant                   The petition itself does not provide
                                                   to represent less than one percent of the               clam species, the substantial reduction                any descriptive information for T.
                                                   present giant clam stocks in the Red                    in Tridacna size (equivalent to ∼20-fold               derasa. Neo et al. (2015) report that T.
                                                   Sea. For example, in underwater                         decrease in individual body mass and                   derasa is the second largest species,
                                                   surveys conducted in the Gulf of Aqaba                  fecundity accompanying the species                     growing up to 60 cm with heavy and
                                                   and northern Red Sea, only 6 out of                     shift) strongly indicates overfishing                  plain shells, with no strong ribbing.
                                                   1,000 live specimens belonged to the                    (Richter et al., 2008). Further, given that            According to Lewis et al. (1998), the
                                                   new species, with densities averaging                   T. costata is restricted to the shallow                maximum size recorded in Fiji, 62 cm,
                                                   0.9 ±0.4 individuals per 1,000 m2. The                  reef top (and thus more accessible to                  is well above that recorded by
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                                                   28960                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   Rosewater (1965, 51.4 cm) who,                          derasa. We found no additional life                    introduced during various mariculture
                                                   however, had access to only few                         history information for this species in                efforts in areas including the United
                                                   specimens. Specimens greater than 50                    our files.                                             States (e.g., Hawaii) and the Federated
                                                   cm in length are relatively common.                                                                            States of Micronesia. bin Othman et al.
                                                                                                           Range, Habitat, and Distribution
                                                   Life History                                                                                                   (2010) reports T. derasa from Australia,
                                                                                                             The petition does not provide a                      Palau, Papua New Guinea (PNG), and
                                                     The petition presents very limited life               description of the geographic range for
                                                                                                                                                                  the Philippines. Tridacna derasa is
                                                   history information for T. derasa. The                  T. derasa, but it was included in the
                                                                                                                                                                  noted as an introduced species in the
                                                   optimal reproductive season for T.                      range map provided for most of the
                                                   derasa sampled from Michaelmas Cay                      petitioned species. The map includes all               Cook Islands and Samoa (introduced for
                                                   was from September/October to                           of Malaysia, but Tan & Zulfigar (2003)                 aquaculture purposes) and also reported
                                                   November/December (Braley 1988).                        report that T. derasa is restricted to                 from Fiji, FSM, the Marshall Islands,
                                                   Simultaneous hermaphroditism was                        Sabah, Eastern Malaysia. Wells (1996)                  New Caledonia, Solomon Islands,
                                                   found in 0 to 28 percent of sampled T.                  noted that T. derasa has been                          Tonga, and Vanuatu (CITES 2009).




                                                      Tridacna derasa preferentially                       protection of well-developed barrier or                individuals) showed an annual
                                                   inhabits clear offshore or oceanic waters               fringing reefs. Occurring near the surface             mortality of 4.4 percent at Michaelmas
                                                   away from high islands with significant                 down to 25 m, T. derasa occurs in greatest
                                                                                                                                                                  Cay on the Great Barrier Reef between
                                                                                                           density in the windward (eastern) islands of
                                                   run-off of freshwater (Munro 1992). For                 the Fiji group. Very high numbers (hundreds/           1978 and 1985 (Pearson and Munro
                                                   example, it is not recorded from the                    hectare) are occasionally noted. It is rare or         1991). Rubec et al. (2001) notes that T.
                                                   Papuan Barrier Reef running along the                   absent from high island fringing reefs and             derasa, among other species, was
                                                   south coast of PNG, nor from the                        lagoons where salinity and water clarity are           depleted and no longer commercially
                                                   fringing reefs of the north coast, but it               reduced by freshwater runoff, and from                 harvestable in the Philippines, although
                                                   does occur within a few miles of the                    unprotected areas. Until a size of typically 30
                                                                                                           cm is reached, the species is weakly byssally          the authors do not provide an original
                                                   southeast point of mainland PNG                                                                                source of that information. Teitelbaum
                                                                                                           attached to coral pieces or rubble.
                                                   (Munro 1992). Large T. derasa were also                                                                        and Friedman (2008) refer to the
                                                   commonly found at 10 to 20 m depth in                                                                          extirpation of T. derasa in Vanuatu but
                                                                                                           Population Status and Abundance
                                                   the clear oceanic conditions of the
                                                                                                           Trends                                                 do not provide a reference for that
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                                                   windward islands and barrier reefs of
                                                                                                              The petition does not provide                       information. The authors also report
                                                   eastern Fiji (Adams et al., 1988). Lewis
                                                   et al. (1988) reported that:                            estimates of population abundance or                   that Vanuatu has a restocking program
                                                                                                           trends for T. derasa; however, the                     that includes T. derasa. Teitelbaum and
                                                     T. derasa has a curious NW–SE                                                                                Friedman (2008) report that the
                                                   distribution across the Indo-Malayan region,
                                                                                                           petition does provide some information
                                                   and is not found east of Tonga or in                    on population status or trends from                    reintroduction of approximately 25,000
                                                   equatorial areas east of Solomon Islands. In            individual locations within the species’               T. derasa to Yap from neighboring Palau
                                                   Fiji, the species is generally confined to clear        range. A small population of T. derasa                 in 1984 resulted in only approximately
                                                                                                           (initial baseline survey counted 44                    8 percent survival of the introduced
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                                                   oceanic outer lagoon areas, within the



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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                             28961

                                                   stock. However, these T. derasa                         context of the species’ range may be                   review also notes that international
                                                   matured, reproduced, and re-established                 contributing to an elevated extinction                 trade in T. derasa was reported from an
                                                   viable populations on nearby reefs                      risk for this species such that it warrants            additional 14 countries not selected for
                                                   (Lindsay 1995). Surveys conducted by                    further investigation.                                 review and that for most countries no
                                                   the Secretariat of the Pacific Community                                                                       population monitoring seems to be in
                                                                                                           Threats to T. derasa
                                                   (PROC-Fish/C–CoFish programmes)                                                                                place and harvest and use of giant clams
                                                   noted the continued presence of T.                         Beyond the generalized threats to all               are inadequately regulated or not at all.
                                                   derasa in Yap in low numbers in mid-                    giant clam species discussed above, the                   The petition cites Bliderg (2000), who
                                                   2006.                                                   petition presents little information on                studied the effect of increasing water
                                                      The petitioner cites Tan and Yasin                   threats to T. derasa specifically.                     temperature by 3 °C on cultured T.
                                                   (2003), stating giant clams of all species              According to Munro (1992), historical                  derasa, and several other species, for 24
                                                   but T. crocea are considered endangered                 commercial fisheries appear to have                    hours. Results showed reduced gross
                                                   in Malaysia. The authors mention                        been confined to long-range Taiwanese                  production and decreased respiration of
                                                   underwater surveys that reveal                          fishing vessels, which targeted the                    oxygen in response to the temperature
                                                   ‘‘distribution of giant clams are                       adductor muscles of the larger species                 increase however, different species of
                                                   widespread but their numbers are very                   (e.g., T. gigas and T. derasa). There are              clams demonstrated different results,
                                                   low,’’ but the authors did not provide                  anecdotal claims in several of the                     indicating different strategies for dealing
                                                   any references with any more detail or                  references discussed above that harvest                with heat stress. None of the treated
                                                   support for this information, which                     led to low population levels at certain                specimens exhibited any bleaching
                                                   makes it difficult to interpret this                    study sites (e.g. Rubec et al., 2001,                  during the experiment. We acknowledge
                                                   information for individual species.                     Teitelbaum and Friedman 2008, Tan                      these results, but note they are not
                                                   Brown and Muskanofola (1985) found                      and Yasin 2003, Brown and                              easily interpreted to determine potential
                                                   only one individual of T. derasa during                 Muskanofola 1985, and Hernawan                         individual or species level effects over
                                                   a survey carried out in Karimun Jawa,                   2010), but none of those studies provide               time and/or space for T. derasa. The
                                                   a group of islands off the north coast of               empirical evidence of declining trends                 clams used in the experiment were
                                                   Central Java, Indonesia, surmising the                  or of potential causes of low population               cultured and not harvested from the
                                                   species was essentially functionally                    numbers. The petition cites Lewis et al.               wild. Cultured specimens are likely to
                                                   extinct in this area. At another site in                (1988), stating that the Fijian fishery for            experience much more uniform
                                                   Indonesia, the petition cites Hernawan                  T. derasa landed over 218 tons over a                  environments and are likely not
                                                   (2010), stating that they found small                   9-year period, with the largest annual                 acclimated to the common daily
                                                   populations and evidence of                             harvest totaling 49.5 tons and which is                fluctuations in many environmental
                                                   recruitment failure in the six species                  ‘‘thought to have removed most of the                  parameters experienced in the wild. As
                                                   found during a survey of Kei Kecil,                     available stock.’’ We find this to be a                such, their responses to abrupt changes
                                                   Southeast-Maluku, including T. derasa.                  slight mischaracterization of what Lewis               in their environment may differ from
                                                   The authors conducted giant clam                        et al. (1988) state about T. derasa in Fiji            those of wild specimens. Given the
                                                   surveys in nine sites in this area.                     based on 26 surveys between 1984–                      heterogeneity of the species’ habitat and
                                                   However, Indonesia encompasses                          1987:                                                  current environmental conditions across
                                                   thousands of islands and T. derasa                         Tridacna derasa: Widespread throughout              its range, these results are not
                                                   occurs in other locations throughout                    the group, but generally rare on the fringing          compelling evidence of a threat related
                                                   Indonesia (Hernawan 2010). Therefore,                   reefs of the main islands where terrestrial            to increased water temperature that is
                                                   these two studies represent a small                     influence is strong, and in the leeward                acting or will act on T. derasa to the
                                                   sample of T. derasa abundance in                        islands (yasawas) where sheltered oceanic              extent that the petitioned action may be
                                                   Indonesian waters.                                      lagoons are generally wanting. In 1984–85,             warranted.
                                                      Hardy and Hardy (1969) did a seminal                 there were still abundant populations on
                                                   study of ecology of Tridacna in Palau in
                                                                                                           various reefs in the windward (Lau,                    Conclusion
                                                                                                           Lomaiviti) islands, but subsequent
                                                   the 1960s where T. derasa and T. gigas                  commercial harvest has considerably reduced               In conclusion, the information
                                                   made up the largest proportion of the                   these numbers. Isolated pockets still remain           provided on threats for this species is
                                                   standing crop biomass because of their                  and should be protected. Densities on                  limited and by itself would not be
                                                   size. Hester and Jones (1974) recorded                  inhabited windward islands generally low,              considered substantial information
                                                   densities of 50 T. gigas and 33 T. derasa               with remaining individuals in deeper water             indicating the petitioned action may be
                                                   per hectare at Helen Reef, Palau; the                   (10 m plus). Further commercial harvests for           warranted. The individual studies
                                                   petition notes that this study was                      export should be prohibited.                           presented are not compelling evidence
                                                   conducted before these stocks were                        According to CITES documents,                        of species level concerns for reasons
                                                   ‘‘totally decimated by distant-water                    commercial harvest for export is now                   discussed above, however, taken
                                                   fishing vessels,’’ but provides no                      prohibited in Fiji and the fisheries                   together they provide sufficient
                                                   information or references to document                   department cultures clams, including T.                evidence such that further investigation
                                                   this ‘‘decimation.’’                                    derasa, for restocking programs. Wild                  is warranted. The evidence presented of
                                                      While individually and collectively,                 populations have been improving;                       small, localized populations or
                                                   the studies discussed in this section                   currently reseeding occurs mostly in                   extirpations in different parts of the
                                                   represent a small portion of T. derasa’s                marine protected areas with 200 sites                  species range is compelling enough to
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                                                   total geographic range, the small                       reseeded annually (CITES 2009).                        conclude that the petitioned action may
                                                   population sizes and extirpations of this               However, challenges remain for                         be warranted. The best available
                                                   species in small areas are spread                       poaching at night.                                     information on all potential threats to
                                                   throughout its range and are not                          A 2004 CITES trade review for T.                     the species will be evaluated in a
                                                   confined to one or few areas that may                   derasa indicates that out of 11 countries              forthcoming status review to determine
                                                   be disproportionately affected by some                  where T. derasa is traded, one was                     what has potentially caused the
                                                   negative impact. Therefore, the number                  assessed as ‘‘Urgent Concern’’ (Tonga),                observed declines and extirpations, and
                                                   and spatial distribution of small                       two as ‘‘Possible Concern,’’ and the                   the extent to which such declines have
                                                   populations or local extirpations in the                remaining eight as ‘‘Least Concern.’’ The              occurred.


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                                                   28962                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   Tridacna gigas                                          life history information for T. gigas. The             example, Klumpp et al. (1992) showed
                                                                                                           petition cited Braley (1988), who found                that T. gigas is an efficient filter-feeder
                                                   Species Description
                                                                                                           that the optimal reproductive season for               and that carbon derived from filter-
                                                      Tridacna gigas is the largest of all the             T. gigas sampled from Michaelmas Cay                   feeding in Great Barrier Reef waters
                                                   giant clam species, growing to a                        and Myrmidon Reef in Australia was                     supplies substantial proportions of the
                                                   maximum shell length of 137 cm, with                    October to February. Munro (1992)                      total carbon needed for respiration and
                                                   weights in excess of 200 kg. However,                   noted that spawning of T. gigas is                     growth.
                                                   the species is most commonly found at                   restricted to a short summer season in
                                                                                                           the central region of the Great Barrier                Range, Habitat, and Distribution
                                                   lengths up to 80 cm (Neo et al., 2015;
                                                   Kinch and Teitelbam 2009). The shell                    Reef. For T. gigas, von Bertalanffy                      Prior to the rapid escalation of the
                                                   exterior is off-white and is often                      growth parameter estimates include an                  aquarium trade, T. gigas could be found
                                                   strongly encrusted with marine growths.                 asymptotic length (L∞) of 80 cm, growth                throughout the shallow tropical waters
                                                   The shell interior is porcellaneous                     coefficient (K) of 0.105, and a theoretical            of the Indian and Pacific oceans;
                                                   white, and the mantle is yellowish                      date of ‘birth’ (t0) of 0.145 (Neo et al.,             however, the recent fossil record,
                                                   brown to olive green, with numerous,                    2015). According to Branstetter (1990),                together with historical accounts show
                                                   small, brilliant blue-green rings,                      growth coefficients (K) falling in the                 that the range of T. gigas has been
                                                   particularly along the lateral edges                    range of 0.05–0.10/yr are for slow-                    dramatically reduced (see the
                                                   (Kinch and Teitelbaum 2009). This                       growing species; 0.1–0.2 for a moderate-               Population Status and Abundance
                                                   species may be readily identified by its                growing species; and 0.2–0.5 for a fast-               Trends section below; Munro 1992; bin
                                                   size and by the elongate, triangular                    growing species. Under these                           Othman et al., 2010). The species’ range
                                                   projections of the upper margins of the                 parameters, the giant clam T. gigas is                 once extended from East Africa to
                                                   shells (Lucas 1988).                                    considered a moderate-growing species.                 Micronesia and Australia to Japan. Like
                                                                                                           However, the petition notes that there                 other giant clam species, T. gigas is
                                                   Life History
                                                                                                           are major differences between typical                  typically associated with coral reefs and
                                                     In addition to the Life History section               non-symbiotic bivalves and T. gigas                    can be found in many habitats, whether
                                                   above on giant clams in general, the                    regarding the relative allocations of                  high- or low-islands, lagoons or fringing
                                                   petition provided some species-specific                 energy to respiration and growth. For                  reefs (Munro 1992).




                                                   Population Status and Abundance                         reports that while relict stocks of T.                 more recent survey from Indonesian
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                                                   Trends                                                  gigas occur in Indonesian, Malaysian,                  waters, T. gigas was surprisingly found
                                                                                                           and Philippines waters and possibly on                 in Ohoimas, where it was previously
                                                      The petition does not provide overall                the west coast of Thailand and in                      believed to be extinct (Hernawan 2010).
                                                   estimates of population abundance or                    southern Burma, in most cases it                       However, only four individuals were
                                                   trends for T. gigas. The petition does
                                                                                                           appears that these stocks are                          found in only one of nine sites
                                                   provide several lines of evidence that T.
                                                                                                           functionally extinct because of the wide               surveyed. Additionally, several sources
                                                   gigas has experienced a number of local
                                                                                                           dispersal of the survivors, making                     (Munro 1992; Teitelbaum and Friedman
                                                   extirpations in various locations
                                                   throughout its range. Munro (1992)                      successful fertilization unlikely. In a                2008; Kinch and Teitelbaum 2009) note
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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                             28963

                                                   local extirpations of T. gigas have                     (Larson 2016). The petition also raises                hues of orange, yellow, or pink to
                                                   occurred in the Commonwealth of the                     concerns that stricter enforcement of the              mauve, and with the blade-like scales
                                                   Northern Mariana Islands, Federated                     trade in ivory products has diverted                   commonly of different shades or color’’
                                                   States of Micronesia (Yap, Chuuk,                       attention to giant clam shells (McManus                (Kinch and Teitelbaum 2009). The shell
                                                   Pohnpei, and Kosrae), Fiji, Guam, New                   2016). The petition points out that the                interior is porcelaneous white,
                                                   Caledonia, Taiwan, Ryuku Islands                        giant clam (T. gigas) is preferentially                occasionally tinged with orange, and the
                                                   (Japan), and Vanuatu. Neo and Todd                      targeted for international trade due to its            mantle is mottled in various mixes of
                                                   (2012a, 2013) report that T. gigas is also              large size and because it is considered                green, blue, brown, orange, and yellow
                                                   nationally extinct in Singapore. In                     a desirable luxury item in China thought               (Kinch and Teitelbaum 2009).
                                                   Australia, the T. gigas population from                 to confer supernatural powers and
                                                   the Great Barrier Reef is essentially a                 improve health. As noted previously, a                 Life History
                                                   relict population, consisting primarily                 pair of high quality shells (from one
                                                                                                                                                                     Aside from the general giant clam life
                                                   of large adult clams; the lack of younger,              individual) can fetch up to US $150,000.
                                                                                                                                                                  history information already discussed
                                                   faster-growing T. gigas clams is likely                 Therefore, the high value and demand
                                                                                                                                                                  previously in the Giant Clam Life
                                                   the reason for the species’ low annual                  for large T. gigas shells may be a driving
                                                                                                                                                                  History section, the petition provided
                                                   production of new biomass (Neo et al.,                  factor contributing to overutilization of
                                                                                                           the species.                                           little information specific to T.
                                                   2015). Further, Kinch and Teitelbaum                                                                           squamosa. Tridacna squamosa is a
                                                   (2009) also report declining stocks of T.               Conclusion                                             mixotroph whose photoautotrophic
                                                   gigas across the three main island                                                                             range is extended by heterotrophy. We
                                                   groups in Kiribati.                                       Overall, we conclude that the
                                                                                                           information presented in the petition                  found that T. squamosa reaches sexual
                                                      Thus, while quantitative abundance
                                                                                                           and our files provides substantial                     maturity at sizes of 6 to 16 cm, which
                                                   estimates are unavailable for T. gigas
                                                                                                           evidence that the petitioned action for                equates to a first year of maturity at
                                                   throughout its range, the numerous local
                                                                                                           T. gigas may be warranted. This species                approximately 4 years old (CITES
                                                   extirpations of T. gigas documented
                                                                                                           has likely experienced significant                     2004a).
                                                   across a large portion of its range may
                                                   be contributing to an elevated extinction               population declines and local                          Range, Habitat, and Distribution
                                                   risk for this species such that it warrants             extirpations in several locations
                                                   further investigation.                                  throughout its range, likely due to                       Tridacna squamosa has a widespread
                                                                                                           historical and ongoing overutilization                 distribution across the Indo-Pacific, but
                                                   Threats to T. gigas                                     for commercial purposes and further                    is slightly more restricted than T.
                                                      As noted previously, giant clams in                  investigation is warranted. The best                   maxima (Munro 1992). Its range extends
                                                   general are considered a valuable                       available information on its overall                   from the Red Sea and East African coast
                                                   fishery target in many countries, with                  status and all potential threats to the                across the Indo-Pacific to the Pitcairn
                                                   uses for both local consumption and                     species will be evaluated in a                         Islands. It has also been introduced in
                                                   commercial trade. Based on information                  forthcoming status review.                             Hawaii (CITES 2004a). The species’
                                                   in the petition and our files, it is clear              Tridacna squamosa                                      range also extends north to southern
                                                   that T. gigas is the most heavily                                                                              Japan, and south to Australia and the
                                                   exploited species of all giant clams,                   Species Description                                    Great Barrier Reef (bin Othman et al.,
                                                   which has likely led to its substantial                    Although the petition notes that T.                 2010). This range description reflects
                                                   declines and extirpations in a number of                squamosa, also known as the fluted                     the recent range extension of T.
                                                   locations throughout its range. As                      clam, grows to 19 cm based on Neo et                   squamosa to French Polynesia as a
                                                   discussed previously in the general                     al. (2015), we find this information is in             result of observations by Gilbert et al.
                                                   threats section for giant clams, the                    error. Neo et al. (2015) report shell                  (2007). The petition notes that T.
                                                   petition emphasizes the threat of the                   lengths of up to 40 cm for the species,                squamosa occurred in Singapore and
                                                   growing giant clam industry in China,                   and information in our files suggests it               the United States historically; however,
                                                   largely the result of improved carving                  is most commonly found at lengths up                   there is no supporting reference or
                                                   techniques, tourism in Hainan, China,                   to 30 cm (Kinch and Teitelbaum 2009).                  evidence provided of the species’
                                                   the growth in e-commerce, and the                       The shell exterior is described as                     occurrence in the United States or its
                                                   domestic Chinese wholesale market                       ‘‘greyish white, often with different                  territories.
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                                                   28964                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules




                                                      Tridacna squamosa is usually found                   commercial market landings from the                    endangered status of T. squamosa in
                                                   near reefs or on sand; it is found                      Apia municipal fish market on the                      Singapore’s waters. Neo and Todd
                                                   attached by its byssus to the surface of                island of Upolu. From 1985 to1990,                     (2013) make a similar conclusion,
                                                   coral reefs, usually in moderately                      annual landings of all giant clams                     stating that ‘‘the low density and
                                                   protected areas such as reef moats in                   dropped from 10 metric tons to 0.1                     scattered distribution of the remaining
                                                   littoral and shallow water to a depth of                metric tons and field surveys indicated                T. squamosa in Singapore are likely to
                                                   20 m (Kinch and Teitelbaum 2009). This                  that T. squamosa was so rare it was                    significantly inhibit any natural
                                                   species tends to prefer fairly sheltered                functionally extinct. The authors note                 recovery of local stocks.’’ However, the
                                                   lagoon environments next to high                        that fishing effort also declined around               authors specifically make the point that
                                                   islands; however, T. squamosa appears                   35 percent between 1983 and 1991,                      the status of a species at a small scale
                                                   to be excluded by T. maxima in the                      which is considered to be partially                    (individual country or an island as may
                                                   closed atoll lagoons of Polynesia (Munro                responsible for the declines in landings,              be the case for Singapore) is most often
                                                   1992). Neo et al. (2009) found that T.                  although other factors likely contributed              not representative of its global status.
                                                   squamosa larvae, like many reef                         (e.g., overfishing of inshore stocks, use              Any species, especially one with a large
                                                   invertebrates, prefer substrate with                    of destructive fishing techniques, etc.).              range like T. squamosa, will have
                                                   crustose coralline algae. Tridacna                      Information in our files suggests that                 variable statuses at smaller scales in
                                                   squamosa is also commonly found                         this species has been the subject of                   different habitats due to a variety of
                                                   amongst branching corals (staghorn,                     restocking efforts in Samoa. Since 1988,               factors. Singapore is a small and densely
                                                   Acropora spp.; CITES 2004a)                             T. squamosa has been trans-located                     populated island nation known for
                                                                                                           from Palau, Tokelau, and Fiji to restock               particularly high anthropogenic impacts
                                                   Population Status and Abundance
                                                                                                           populations in Samoa under the                         in its nearshore waters. The information
                                                   Trends
                                                                                                           Samoan Community-based Fisheries                       in Neo and Todd (2012a 2012b and
                                                      The petition provides limited some                   Management program (Kinch and                          2013) is informative for resource
                                                   information regarding the species’                      Teitelbaum 2009).                                      managers in Singapore and indicates a
                                                   population status and trends from                          In Singapore, Neo and Todd (2012a)                  very low population and density of T.
                                                   Singapore, Samoa, and individual sites                  surveyed 29 reefs, covering an estimated               squamosa. However, it is unclear how
                                                   in Malaysia, Philippines, Indonesia, and                87,515 m2 and observed 28 T. squamosa                  the current information relates to
                                                   Thailand.                                               individuals, which was double the                      historical abundance of this species at
                                                      The petitioner states that T. squamosa               number observed in a 2003 survey of                    this location. In addition, it is not
                                                                                                                                                                  necessarily useful for assessing the
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   is functionally extinct in Samoa based                  only 7 reefs and a little over 9,000 m2
                                                   on a study from western Samoa (Zann                     by Guest et al. (2008). However, Neo                   global status of T. squamosa because
                                                   and Mulipola 1995). This study relied                   and Todd (2012a) estimate T. squamosa                  Singapore is a very small proportion of
                                                   on a range of low technology methods                    density to be 0.032 per 100 m2, which                  the overall species’ range and is not a
                                                   developed for rapid environmental and                   is five times lower than the 0.16 per 100              representative environment of the rest of
                                                   fisheries assessments. Fisheries surveys                m2 measured in 2003 (Guest et al.,                     the species’ range.
                                                   were conducted via interviews and                       2008). They go on to propose that                         The petitioner cites Tan and Yasin
                                                   surveys of fishermen and households,                    habitat loss, exploitation, and or                     (2003), stating that giant clams of all
                                                   and results were compared with                          sediment have synergistically led to the               species but T. crocea are considered
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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                            28965

                                                   endangered in Malaysia. As discussed                    representative of the species’ status                  information itself may be considered a
                                                   previously, the authors of this study                   across the Philippines as a whole                      risk to the species. In this case, given
                                                   mention underwater surveys that reveal                  (Dolorosa and Schoppe 2005). The                       that the only information we have
                                                   that the ‘‘distribution of giant clams are              petitioner also cited a stock assessment               indicates historical declines, low
                                                   widespread but their numbers are very                   conducted in Eastern Visayas, in the                   population levels, and notably local
                                                   low.’’ However, there are no references                 Philippines (Salazar et al., 1999), which              extirpations in some locations, we
                                                   provided by the authors to provide any                  showed that while T. squamosa are                      conclude that the information presented
                                                   more detail or support for this                         common in the Samar Sea and San                        in the petition regarding the species’
                                                   information, which makes it difficult to                Pedro Bay, most of the giant clams                     abundance and population trends is
                                                   interpret this information for individual               surveyed were in the juvenile stage with               compelling enough to warrant further
                                                   species. The only species-specific                      no breeders left to repopulate the area.               investigation in a forthcoming status
                                                   information for T. squamosa in this                     However, the Marine Science Institute                  review.
                                                   reference is that it occurs in Malaysian                (MSI) at the University of the
                                                                                                                                                                  Threats to T. squamosa
                                                   waters.                                                 Philippines has a long and successful
                                                      The petitioner cites                                 record of rearing, having cultured giant                  Given that T. squamosa is a large,
                                                   Thamrongnavasawat et al. (2001) as                      clams to restore depleted supplies for                 free-living species of giant clam, it is
                                                   saying T. squamosa are now considered                   the last 20 years. In fact, more than 40               easier to remove from the reef (Neo and
                                                   ‘‘scarce’’ throughout Thailand.                         sites have received cultured clams and                 Todd 2013), which makes it more
                                                   However, the link provided in the                       MSI promotes giant clam farming as a                   susceptible to harvest for local
                                                   bibliography to access this reference                   sustainable livelihood with restocking                 consumption and/or commercial
                                                   was not functional, and we were                         activities occurring in collaboration                  purposes. Some information (albeit
                                                   otherwise unable to obtain and review                   with local groups (bin Othman et al.,                  limited) provided by the petition
                                                   this reference to determine what the                    2010).                                                 suggests that T. squamosa may be
                                                   authors meant by ‘‘scarce’’ or on what                     As discussed previously, the petition               overexploited in some locations. As
                                                   evidence this statement was based.                      also broadly states that all six giant clam            discussed earlier in the Population
                                                   However, the petitioner provides other                  species occurring in Indonesia,                        Status and Abundance Trends section
                                                   studies from Thailand indicating that                   including T. squamosa, are                             for T. squamosa, estimates of
                                                   the species has likely undergone                        experiencing recruitment failure based                 exploitation rates from the Sulu
                                                   significant declines in this area. For                  on a single study from Kei Kecil,                      Archipelago and Southern Palawan
                                                   example, Chantrapornsyl et al. (1996)                   Southeast-Maluku, Indonesia                            areas of the Philippines from 1978 to
                                                   documented heavy exploitation and                       (Hernawan 2010). Hernawan (2010)                       1985 indicate that populations of T.
                                                   local extirpation of T. squamosa in the                 conducted giant clam surveys in 9 sites;               squamosa were overexploited.
                                                   Andaman Sea. Kittiwattanawong (1997)                    however, Indonesia encompasses                            Information in our files indicates that
                                                   also concluded that T. squamosa was                     thousands of islands and T. squamosa                   T. squamosa is important in the
                                                   rare in the same area. Tridacna                         occurs in several other locations                      subsistence fishery of Papua New
                                                   squamosa was also deemed ‘‘near                         throughout Indonesia (Hernawan 2010).                  Guinea. A commercial fishery for giant
                                                   extinct’’ in Mo Ko Surin National Park                  Thus, this study represents a very small               clams previously operated in the Milne
                                                   in Thailand (Dolorsa and Schoppe                        sample of T. squamosa abundance in                     Bay Province, whereby approximately
                                                   2005).                                                  Indonesian waters, with no evidence                    150 tonnes of giant clam adductor
                                                      Villanoy et al. (1988) examined                      provided to suggest that recruitment                   muscle were exported, as well as one
                                                   average size frequency distributions of                 failure of T. squamosa is occurring                    large shipment of 16 tonnes of giant
                                                   T. squamosa harvested from the Sulu                     throughout Indonesia.                                  clam shells. However, this fishery has
                                                   Archipelago and Southern Palawan                           Overall, given the extensive range of               been closed since 2000 and we could
                                                   areas in the Philippines from 1978 to                   T. squamosa, the information provided                  not find any additional information in
                                                   1985, and determined that estimates of                  in the petition is limited regarding the               our files regarding the utilization of T.
                                                   exploitation rates indicate that                        population status and abundance trends                 squamosa in Papua New Guinea. We
                                                   populations of these species are                        of the species throughout its range.                   also found some information regarding
                                                   overexploited. The petitioner asserts                   While we acknowledge that in some                      the reported functional extinction of
                                                   that these findings have serious                        locations (primarily Southeast Asia),                  this species in Samoan waters, and
                                                   implications given that the Sulu                        abundance and/or density of T.                         acknowledge that the significantly low
                                                   Archipelago and Southern Palawan are                    squamosa may be low, the petition did                  density of T. squamosa in Samoa is
                                                   thought to be the last strongholds of                   not provide any information regarding                  largely attributed to overfishing (Kinch
                                                   giant clams species occurring in                        the species’ status from a large majority              and Teitelbaum 2009); however, as
                                                   Philippine waters. Dolorosa and                         of its range. For example, in addition to              noted previously, to mitigate low
                                                   Schoppe (2005) also report that T.                      countries in Southeast Asia, T.                        populations, restocking efforts have
                                                   squamosa had very low densities in                      squamosa can be found throughout                       been underway in Samoa since the
                                                   surveys conducted in Tubbataha Reef                     Oceania (e.g., Australasia, Melanesia,                 1980s, and from 1998 to 2000, Samoa
                                                   National Marine Park in the Philippines.                Micronesia and Polynesia). The species                 has seen the importation of several giant
                                                   The authors note that because of the                    also inhabits coastlines of the Indian                 clam species, both larvae and
                                                   species’ low settlement, survival and                   Ocean and has a relatively cosmopolitan                ‘yearlings,’ for restocking purposes
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   growth on live coral substrate, it would                distribution in this region (bin Othman                under the Samoan Community-based
                                                   take hundreds of years for the stock to                 et al., 2010). Thus, no information was                Fisheries Management program (Kinch
                                                   be re-established, particularly in                      presented in the petition for an entire                and Teitelbaum 2009). Nevertheless, we
                                                   isolated areas. However, the authors                    two thirds or more of the species’ range               cannot confirm whether this restocking
                                                   also note that the numbers seen at                      (i.e., Oceania (with the exception of                  program has been successful for T.
                                                   Tubbataha Marine Park are significantly                 Samoa), eastern Africa, and the Indian                 squamosa.
                                                   lower than in other areas of the                        Ocean). However, a lack of information                    In terms of commercial trade, a
                                                   Philippines; therefore, the situation in                on its own does not mean the action                    significant trade review was conducted
                                                   the marine park may not be                              may not be warranted if the lack of                    in 2004 for 27 countries that trade in T.


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                                                   28966                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   squamosa to identify potential areas of                 experienced significant mortality as a                 Conclusion
                                                   concern. Of the 27 countries reviewed,                  result. In a lab experiment using                        In conclusion, the information
                                                   24 were deemed to be of ‘‘least concern’’               cultured clams, short-term temperature                 provided on threats for this species is
                                                   for various reasons; the respective                     increases of 3 °C resulted in T.                       limited and by itself would not be
                                                   countries had either not reported any                   squamosa clams maintaining a high                      considered substantial information
                                                   trade, or trade levels were minimal or                  photosynthetic rate but displaying                     indicating the petitioned action may be
                                                   export numbers were low. Two                            increased respiratory demands (Elfwing                 warranted. However, combined with the
                                                   countries (Marshall Islands and Tonga)                  et al., 2001). Finally, Watson et al.                  evidence presented of small, localized
                                                   were deemed to be of ‘‘possible                         (2012) showed that a combination of                    populations or extirpations in different
                                                   concern’’ and only one country                          increased ocean CO2 and temperature                    parts of the species’ range, we conclude
                                                   (Vietnam) was categorized as ‘‘urgent                   are likely to reduce the survival of T.                the information presented in the
                                                   concern.’’ These designations were                      squamosa. Specifically, in a lab                       petition is compelling enough to
                                                   made largely because trade of the                                                                              conclude that the petitioned action may
                                                                                                           experiment, T. squamosa juvenile
                                                   species continues despite export bans or                                                                       be warranted. Therefore, we conclude
                                                                                                           survival rates decreased by up to 80
                                                   because, in the case of Vietnam,                                                                               that the number and spatial distribution
                                                   significant trade was occurring (e.g.,                  percent with increasing pCO2 and
                                                                                                           decreased with increasing seawater                     of localized severe declines or
                                                   74,579 live T. squamosa clams were                                                                             extirpations in the context of the
                                                   exported from 1994 to 2003) with a lack                 temperature for a range of temperatures
                                                                                                           and pCO2 combinations that mimic                       species’ range may be contributing to an
                                                   of information on population                                                                                   elevated extinction risk for this species
                                                   monitoring or the basis for non-                        those expected in the next 50 to 100
                                                                                                           years.                                                 such that it warrants further
                                                   detriment findings under CITES.                                                                                investigation. Thus, the best available
                                                   Additionally, in the case of the Marshall                  We acknowledge these results, but                   information on overall status and
                                                   Islands, where trade seems to continue                  they are not easily interpreted into                   potential threats to the species will be
                                                   despite export bans, the review also                    potential species level effects over time              evaluated in a forthcoming status review
                                                   notes that several small-scale operations               and/or space for T. squamosa. First, the               to determine what has potentially
                                                   were producing farmed (i.e., captive-                   clams used in the experiments were                     caused these declines and extirpations
                                                   bred) T. squamosa in the 1990s for the                  cultured and not harvested from the                    and the overall extinction risk for the
                                                   aquarium trade and for reseeding                        wild. Cultured specimens are likely to                 species.
                                                   depleted areas, and that records of trade               experience much more uniform
                                                   in wild rather than captive-bred                                                                               Tridacna tevoroa
                                                                                                           environments and are likely not
                                                   specimens may be a result of                                                                                   Species description
                                                                                                           acclimated to the common daily
                                                   misreporting by importing parties
                                                                                                           fluctuations in many environmental                        Tridacna tevoroa is another recently
                                                   (CITES 2004a). Based on the
                                                                                                           parameters experienced in the wild. As                 described species that has been shown
                                                   information presented in the petition
                                                   and in our files summarized here, we                    such, they may react differently than                  to actually be a junior synonym of a
                                                   cannot conclude that there is sufficient                wild specimens to abrupt changes in                    previously described species, T.
                                                   evidence to suggest that trade of T.                    their environment. Additionally,                       mbalavauna (Borsa et al., 2015a). The
                                                   squamosa is an operative threat that acts               information and references in our files                petition notes that T. tevoroa looks most
                                                   or has acted on the species to the point                acknowledge that there are limitations                 like T. derasa in appearance, but can be
                                                   that the petitioned action may be                       associated with applying results from                  distinguished by its rugose mantle,
                                                   warranted.                                              laboratory studies to the complex                      prominent guard tentacles present on
                                                      Overall, the species-specific                        natural environment where impacts will                 the incurrent siphon, thinner valves,
                                                   information in the petition and in our                  be experienced gradually over the next                 and colored patches on shell ribbing
                                                   files to support the claim that T.                      century at various magnitudes in a non-                (Neo et al., 2015). T. tevoroa has an off-
                                                   squamosa is experiencing                                uniform spatial pattern. In general, lab               white shell exterior, often partially
                                                   overutilization to the point that the                   experiments presented do not reflect the               encrusted with marine growths. The
                                                   petitioned action may be warranted is                   conditions the petitioned species will                 shell interior is porcellaneous white,
                                                   limited, particularly given the broad                   experience in nature; instead of                       with a yellowish brown mantle (Kinch
                                                   geographic range of the species. While                  experiencing changes in levels of ocean                and Teitelbaum 2009). It can grow to
                                                   there are anecdotal claims in several of                warming and acidification predicted for                just over 50 cm long (Neo et al., 2015).
                                                   the references that are discussed above                 the end of the century within a single                 Life History
                                                   that low population levels at certain                   generation, species in nature are likely
                                                   study sites are due to harvest (i.e.,                                                                             Aside from what has already been
                                                                                                           to experience gradual increases over                   discussed in terms of life history
                                                   Teitelbaum and Friedman 2008, Tan                       many generations. However, we
                                                   and Yasin 2003, and Hernawan 2010),                                                                            information for giant clams in general
                                                                                                           recognize that because giant clam                      (refer back to the Giant Clam Life
                                                   none of those studies provide empirical
                                                                                                           species are likely long-lived, they likely             History section above), the petition did
                                                   evidence of declining trends.
                                                      In addition to overutilization, the                  have longer generation times, and thus,                not describe any species-specific life
                                                   petitioner also claims that T. squamosa                 giant clams born today could potentially               history information for T. tevoroa.
                                                   is at risk of extinction due to climate                 live long enough to experience oceanic                 However, in one of the references cited
                                                                                                           conditions predicted late this century
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   change-related threats, including ocean                                                                        by the petitioner we found some
                                                   warming and acidification. In                           (Watson et al., 2012). Overall, the                    additional information related to
                                                   Singapore, local bleaching of T.                        information regarding negative species-                spawning of T. tevoroa clams. During a
                                                   squamosa was observed during a high                     specific impacts from climate change to                study of spawning and larval culture of
                                                   sea surface temperature event in June                   T. squamosa is limited; however, we                    T. tevoroa (Ledua et al., 1993),
                                                   2010 (Neo and Todd 2013); however, no                   will thoroughly review climate change                  successful spawning of T. tevoroa at the
                                                   other information was provided                          related threats and their potential                    Tonga Fisheries Department in late
                                                   regarding the extent of bleaching that                  impacts to T. squamosa in a                            October 1991 indicates that this species
                                                   occurred nor whether the species                        forthcoming status review.                             has a breeding season that may be


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                             28967

                                                   similar to that of T. derasa. Ledua et al.              while there is evidence from hatchery                  of New Caledonia as well (Kinch and
                                                   (1993) describe that the breeding season                spawnings at lower latitudes (Palau,                   Tietelbam 2009). Tridacna tevoroa can
                                                   of T. derasa on the Great Barrier Reef in               7°N) that T. derasa has an almost full                 typically be found on sand in coral reef
                                                   Australia is from late winter-early                     year breeding season (Heslinga et al.,                 areas. In Fiji, T. tevoroa live along outer
                                                   spring to early summer and virtually all                1984 cited in Ledua et al., 1993).                     slopes of leeward reefs, in very clear,
                                                   individuals are spent by mid-December.                                                                         oceanic water at 9–33 m depth (Ledua
                                                                                                           Range, Habitat, and Distribution
                                                   In Fiji, the breeding program for this                                                                         et al., 1993). Based on the distribution
                                                   species is from July to October and in                     Tridacna tevoroa appears to have a                  of adults in Fiji and Tonga, it appears
                                                   Tonga from September to late November                   restricted distribution. Although the                  that juveniles settle on slopes of off-
                                                   (Ledua et al., 1993). It must be noted                  petition says that T. tevoroa is restricted            shore reefs in deep (down to 33 m)
                                                   that the examples of the breeding season                to Tonga and Fiji, information in our                  oceanic waters. However, juvenile T.
                                                   of T. derasa given here are from higher                 files indicates that this species was                  tevoroa have never been found in nature
                                                   latitudes within the tropics (17°-21°S),                recently observed in the Loyalty Islands               (Klump and Lucas 1994).




                                                      Tridacna tevoroa has a unique depth                  ‘‘Many of the clams found in Tonga                     twice and other smaller clumps were
                                                   distribution among the giant clam                       were adjacent to the edge of a sand                    seen in Tonga, which could represent
                                                   species; it is the only species to occur                patch and cradled against rocky                        small breeding groups for this species
                                                   in depths below 20 m. In order to better                outcrops, rubble or bare rock with steep               (Ledua et al., 1993). Given the large
                                                   understand how T. tevoroa survives in                   slopes.’’ During the SCUBA search in                   areas of suitable reefs and shoals with
                                                   deeper waters, Klumpp and Lucas                         February 1992 in Ha’apai (Tonga), two                  typical habitat for T. tevoroa, Ha’apai,
                                                   (1994) compared nutrition of T. tevoroa                 of the authors notably found a                         Tonga may be the center of distribution
                                                   with T. derasa in Tonga, where rates of                 considerable number of T. tevoroa on                   and largest repository of this newly-
                                                   filter-feeding, respiration and the                     live coral (whereas in Fiji, these clams               described species (Ledua et al., 1993).
                                                   photosynthesis-irradiance response                      have not been found on live coral,
                                                   were measured in clams of a wide size                   possibly because little live coral was                 Population Status and Abundance
                                                   range (ca 20 mm to ca 500 mm). Only                     found at this depth in the Lau Islands                 Trends
                                                   T. tevoroa significantly increased its                  group). About half of the clams in Tonga                  The petition provides only one
                                                   photosynthetic efficiency with                          were found on the leeward and half on                  reference for T. tevoroa with regard to
                                                   increasing depth. In a study on                         the windward side of reefs. However,                   its population status or abundance
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   spawning and larval culture of T.                       windward sides of reefs were still                     trends. Ledua et al. (1993) describes T.
                                                   tevoroa clams, individuals were                         somewhat protected within barrier                      tevoroa as a rare species and notes that
                                                   collected from waters of Fiji and Tonga                 islands or reefs, and no search has yet                few specimens have been found live in
                                                   (Ledua et al., 1993). The mean depth of                 been made on outer windward reefs                      Fiji, and only recently larger numbers of
                                                   clams collected in Fiji was 27.4 m, with                (Ledua et al., 1993). Overall, spatial                 this species have been found in Tongan
                                                   samples collected from depths ranging                   distribution of T. tevoroa appears to be               waters. Anecdotal reports from one
                                                   from 20 to 33 m. All specimens were                     very sparse, with single individuals                   diver from Uiha Island, Ha’apai, Tonga
                                                   found on the leeward side of reefs and                  being found at most locations, although                note that the species was historically
                                                   islands. Ledua et al., (1993) notes that:               clumps of four individuals were seen                   more abundant in shallow waters during
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                                                   28968                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   the 1940s (Ledua et al., 1993). Based on                species, particularly given the lack of                brightly colored and variable in both
                                                   this limited information, the petitioner                information from Fiji and New                          pattern and color, including shades of
                                                   speculates that T. tevoroa has declined                 Caledonia; however, given that Ha’apai                 green, blue, purple, brown, and orange
                                                   significantly in accessible waters and                  Tonga is likely the center of distribution             (Kinch and Teitelbaum 2009).
                                                   states that the species’ current                        and largest repository for this particular
                                                                                                                                                                  Life History
                                                   abundance is likely lower than                          species, we find that this information,
                                                   historical levels. However, the                         combined with the species’ rarity                         The petition provided some species-
                                                   petitioner did not provide any                          throughout its range, may be                           specific information regarding T.
                                                   additional references or supporting                     contributing to an elevated risk of                    crocea’s life history. The petition noted
                                                   information to substantiate the claim                   extinction for this species.                           that spawning of T. crocea in the central
                                                   regarding the species’ current                                                                                 region of the Great Barrier Reef is
                                                                                                           Conclusion
                                                   population status. The petitioner also                                                                         thought to be restricted to a short
                                                   provided no additional information                        In conclusion, the information                       summer season (Munro 1992), and T.
                                                   regarding the species’ population status                provided on threats for this species is                crocea has been observed spawning
                                                   or abundance trends from other portions                 limited and by itself would not be                     during July in Palau (Hardy and Hardy
                                                   of its range (i.e., Fiji or New Caledonia).             considered substantial information                     1969). In a detailed study of early life
                                                   Nonetheless, given that the species is                  indicating the petitioned action may be                history in Guam, fertilized eggs of T.
                                                   described as rare, has one of the most                  warranted. Anecdotal evidence from                     crocea had a mean diameter of 93.1mm
                                                   restricted ranges of the giant clam                     one location of a species’ range would                 (Jameson 1976). This same study noted
                                                   species, and has likely undergone some                  generally not be compelling evidence of                that settlement of T. crocea larvae
                                                   level of population decline in its                      species level concerns throughout its                  occurred approximately 12 days after
                                                   potential center of distribution (i.e.,                 range for reasons discussed above.                     fertilization.
                                                   Tonga), we find this information may                    However, the combined evidence on the                     We found a limited amount of
                                                   indicate an elevated extinction risk for                species’ restricted range, sparse                      additional information in our files on
                                                   this species, and is compelling enough                  distribution and rarity, and anecdotal                 the life history of this species. Tridacna
                                                   to warrant further investigation.                       evidence of population decline in the                  crocea has the smallest size for adult
                                                                                                           center of the species’ distribution, is                giant clams and reaches full sexual
                                                   Threats to Tridacna tevoroa                             compelling enough to conclude that the                 maturity (hermaphroditism) at
                                                      Very little species-specific                         petitioned action may be warranted. The                approximately 5 to 6 years of age. With
                                                   information on threats is presented in                  best available information on its overall              reports that T. crocea individuals of
                                                   the petition for T. tevoroa. Aside from                 status and all potential threats to the                approximately 8 to 9 cm shell length
                                                   what has already been discussed                         species will be evaluated in a                         produce 3 to 4 million eggs (Tisdell
                                                   regarding the threat of overutilization of              forthcoming status review.                             1994), this species has extremely high
                                                   giant clams in general (refer back to the               Tridacna crocea                                        fecundity. As such, even with relatively
                                                   Threats to Giant Clams section above),                                                                         high mortality rates, tridacnid
                                                   the petition provides very limited                      Species description                                    populations like T. crocea can be
                                                   species-specific information regarding                    Tridacna crocea is the smallest                      rapidly increased by artificial breeding
                                                   overutilization of T. tevoroa for                       species of giant clam, reaching only 15                and culture programs (Tisdell 1994).
                                                   commercial, recreational, scientific, or                cm (Neo et al., 2015; Copland and Lucas
                                                                                                                                                                  Range, Habitat, and Distribution
                                                   educational purposes. As noted                          1988). The species is similar to T.
                                                   previously in the Abundance and                         maxima but smaller, less asymmetrical                     Tridacna crocea has a large range,
                                                   Population Trends section, anecdotal                    and with its scutes worn away except                   with distribution ranging from southern
                                                   reports from one diver from Uiha Island,                near the upper edge of the shell                       Japan to Australia, but not extending
                                                   Ha’apai, Tonga note that the species was                (Copland and Lucas 1988). The shell                    eastward into Oceana beyond Palau and
                                                   historically more abundant in shallow                   exterior is: ‘‘greyish white, often                    the Solomon Islands (Munro 1992). The
                                                   waters during the 1940s. Evidence of                    covered with yellow or pinkish orange                  petition provides information on this
                                                   former greater abundance and                            and frequently encrusted with marine                   species from Singapore, Malaysia,
                                                   distribution in shallow water in Ha’apai                growths near the dorsal margins of                     Philippines, Indonesia, Thailand, and
                                                   may indicate that fishing pressure has                  valves, but clean and nearly smooth                    Palau. We also found additional
                                                   likely contributed to the rarity of this                ventrally’’ (Kinch and Teitelbaum 2009).               information in our files for T. crocea
                                                   species (Ledua et al., 1993). This is                   The shell interior is porcellaneous                    from Australia, Solomon Islands,
                                                   extremely limited information to suggest                white, sometimes with yellow to orange                 Vanuatu, New Caledonia, Papua New
                                                   that overutilization is a threat to the                 hues on margins. The mantle is often                   Guinea, and Tonga.
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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                              28969




                                                      Tridacna crocea is unusual among                     Philippines, Indonesia, Thailand, and                  abundance of this species at this
                                                   other giant clam species in that it                     Palau. The petitioner cites Neo and                    location. In addition, it is not
                                                   burrows deeply in coral masses of reef                  Todd (2012; 2013) to assert that T.                    necessarily useful for assessing the
                                                   flats and coral heads (with the free valve              crocea is likely functionally extinct in               global status of T. crocea because
                                                   margins nearly flush with the substrate                 Singapore, as the species is                           Singapore is a very small proportion of
                                                   surface) in shallow water to a depth of                 reproductively isolated and unlikely to                the overall species’ range and is not a
                                                   about 20 m (when the water is clear;                    fertilize conspecifics. In the most recent             representative environment of the rest of
                                                   Copland and Lucas 1988; Kinch and                       status reassessment of giant clams, Neo                the species’ range.
                                                   Teitelbaum 2009; Neo et al., 2015).                     et al. (2013) note that T. crocea surveys                 The petition also asserts that T. crocea
                                                   According to Hamner and Jones (1974),                   in Singapore from 2009/2010 put their                  has declined by 94 percent in the
                                                   T. crocea burrows as it grows, eroding                  density at a low 0.035 per 100 m2, but                 Tubbataha Reef Park in the Philippines
                                                   the surfaces of coral boulders and                      emphasize that abundance estimates for                 since the early 1990s based on a decline
                                                   producing structures that superficially                 this species may be conservative as its                from 2,200,000 clams/km2 in 1993
                                                   resemble micro-atolls. In a study                       burrowing behavior and cryptic                         (Calumpong and Cadiz 1993) to 133,330
                                                   conducted in Indonesia, T. crocea                       coloration can lead to underestimates of               clams/km2 in 2005 (Dolorosa and
                                                   individuals were mostly embedded in                     abundance. Nonetheless, the species’                   Schoppe 2005). It should be noted that
                                                   dead coral boulders covered by algae (82                population is considered to be small in                these numbers were derived from
                                                   percent), with a few living in Porites                  Singapore, resulting in an endangered                  transects taken within the ‘‘intertidal
                                                   spp., coral rubble, and live coral                      status locally. However, the authors                   area’’ of the park. Dolorosa and Schoppe
                                                   substrate (only 1 percent; Hernawan                     specifically make the point that the                   (2005) characterized T. crocea as the
                                                   2010). This species remains attached to                 status of a species at a small scale                   most abundant and dense giant clam
                                                   the substrate throughout its life                       (individual country or an island as may                species in the study area, with 133,330
                                                   (Copland and Lucas 1988). The species                   be the case for Singapore) is not                      individuals per km2 in the intertidal
                                                   also appears to aggregate, though the                   necessarily representative of its global               area, and averaging 30,480 individuals
                                                   mechanism is unclear. Aggregation (i.e.,                status. Any species, especially one with               per km2 in the shallow area (5 m).
                                                   clumping) may enhance physical                          a large range like T. crocea, will have                Dolorosa and Schoppe (2005) also noted
                                                   stabilization, facilitate reproduction, or              variable statuses at smaller scales in                 that the much lower density observed in
                                                   provide protection from predators (Soo                  different habitats due to a variety of                 their study (as compared to the previous
                                                   and Todd 2014).                                         factors. Singapore is a small and densely              study by Calumpong and Cadiz (1993))
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                                                                                                           populated island nation known for                      in the intertidal area is not enough to
                                                   Population Status and Abundance                         particularly high anthropogenic impacts                conclude that there is a continuous
                                                   Trends                                                  in its nearshore waters. The information               decline of tridacnids (including T.
                                                      The petition does not provide overall                in Neo and Todd (2012a 2012b and                       crocea) because the data were only
                                                   estimates of population abundance or                    2013) is informative for resource                      taken from a single transect. Thus, their
                                                   trends for T. crocea. The petition does                 managers in Singapore and indicates a                  study is not likely representative of the
                                                   provide limited pieces of information                   very low population and density of T.                  entire intertidal area, let alone the entire
                                                   regarding the species’ population status                crocea. However, it is unclear how the                 Tubbataha Reef Park. Therefore, the
                                                   and trends from Singapore, Malaysia,                    current information relates to historical              petition’s inference of a 94 percent
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                                                   28970                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   decline in T. crocea abundance in                       are generally regarded as declining,                   crocea specifically, means that we
                                                   Tubbataha Reef Park based on a single                   improvements have been noted in                        cannot find that this information
                                                   transect is not supported. Additionally,                specific localities (Kinch and Teitelbam               reasonably suggests that habitat
                                                   Rubec et al. (2001) characterizes T.                    2009); however, we could find no                       destruction is an operative threat that
                                                   crocea as one of the most abundant                      additional information specific to T.                  acts or has acted on the species to the
                                                   giant clam species across the                           crocea. In a 2004 CITES assessment of                  point that the petitioned action may be
                                                   Philippines.                                            international trade of the species, T.                 warranted.
                                                      The petition also broadly states that                crocea was described in general as ‘‘still
                                                   all six giant clam species occurring in                                                                        Factor B: Overutilization for
                                                                                                           reasonably abundant’’ (CITES 2004b).                   Commercial, Recreational, Scientific, or
                                                   Indonesia, including T. crocea, are                        Overall, the information regarding T.
                                                   experiencing recruitment failure based                                                                         Educational Purposes
                                                                                                           crocea’s population status and
                                                   on one study from Kei Kecil, Southeast-                 abundance trends throughout its range                     The petition contends that T. crocea
                                                   Maluku (Hernawan 2010). Hernawan                        is extremely limited, with most                        warrants listing as a result of
                                                   (2010) conducted giant clam surveys in                  characterizations of this species’                     overutilization for commercial
                                                   nine sites throughout Kei Kecil waters.                 abundance being qualitative.                           purposes, but only notes three locations
                                                   Results showed T. crocea to be the                      Nonetheless, it appears, based on the                  in which overfishing of T. crocea is
                                                   dominant species with the highest                       information presented in the petition                  reportedly occurring (Fiji, Japan, and
                                                   population density in each of the nine                  and in our files, that T. crocea is often              Vietnam) based on bin Othman et al.
                                                   study sites. Similar results have been                  the dominant giant clam species                        (2010). In a market evaluation
                                                   documented in other areas of Indonesia,                 wherever it occurs, has some of the                    conducted in the mid-1990s in Japan, T.
                                                   including the Andaman Sea, Upanoi                       highest population densities of any                    crocea was considered a preferred
                                                   and Banchungmanee, Adang Islands                        species, and is the only species of giant              species for use as sashimi and sushi
                                                   and Seribu Islands, Raja Ampat                          clam with a stable population in                       dishes in Okinawa; in contrast, giant
                                                   (Hernawan 2010) and Pari Island (Eliata                 Malaysia. Although information                         clams were unknown as a food source
                                                   et al., 2003). Additionally, Indonesia is               suggests T. crocea likely experienced a                in mainland Japan. From 1975 to 1995,
                                                   comprised of thousands of islands; thus,                localized abundance decline in                         giant clam catches in Okinawa, Japan
                                                   the Hernawan (2010) study cited by the                  Okinawa, Japan, which represents a                     declined from 578 tons to 28 tons, likely
                                                   petitioner represents a very small                      very small portion of the species’ range,              due to stock depletion (Okada 1998).
                                                   sample of T. crocea abundance in                        we could not otherwise find any                        Given that T. crocea comprises
                                                   Indonesian waters, with no evidence                     information to indicate that the species’              approximately 90 percent of the giant
                                                   provided to suggest that recruitment                    overall abundance or density is so low                 clams landed in Okinawa, it is likely
                                                   failure of T. crocea is occurring                       or declining so significantly that the                 that the species experienced historical
                                                   throughout Indonesia. Hernawan (2010)                   petitioned action is warranted. Thus, we               overfishing in this location. Although
                                                   also noted that due to T. crocea’s small                                                                       overfishing of T. crocea may have
                                                                                                           find the petition insufficient in terms of
                                                   size and burrowing behavior, fishermen                                                                         occurred historically in Okinawa
                                                                                                           presenting substantial information that
                                                   find this particular species more                                                                              waters, mass seed culture and
                                                                                                           T. crocea’s population status or
                                                   difficult and less desirable to harvest.                                                                       production of T. crocea have been
                                                                                                           abundance trends indicate that the
                                                   Thus, this species is not the main target                                                                      undertaken in Japan to ensure natural
                                                                                                           petitioned action may be warranted.
                                                   for Indonesian fishermen, leading to it                                                                        stock enhancement, with 44,000–
                                                   having the highest relative population                  Threats to Tridacna crocea                             459,000 seeds of T. crocea distributed to
                                                   density throughout the study area                       Factor A: Present or Threatened                        the fishermen’s cooperatives annually
                                                   (Hernawan 2010).                                        Destruction Modification, or                           from 1987 to 1995 for release into
                                                      Finally, the petition notes that T.                  Curtailment of Range                                   Okinawa waters (Okada 1998). Survival
                                                   crocea was the only giant clam with a                                                                          of clams ranged up to 56 percent 3 years
                                                   stable population in Malaysia and not                      The petition asserts that all species of            after release (Teitelbaum and Friedman
                                                   considered ‘‘endangered’’ by the early                  giant clam, including T. crocea, are at                2008). Without any data since 1995, it
                                                   2000s and that the species was still                    risk of extinction throughout their                    is difficult to determine whether this
                                                   abundant in Thailand’s Mo Ko Surin                      ranges due to the threat of habitat                    fishery is ongoing, the success rate of
                                                   National Park in the late 1990s (Tan and                destruction, largely as a result of threats            the local restocking efforts, or the
                                                   Yasin 2003; Thamrongnavasawat 2001).                    related to climate change and coral reef               current status of T. crocea stocks in
                                                   Additionally, Hardy and Hardy (1969)                    habitat degradation. However, the                      Okinawa. Nonetheless, Okinawa, Japan
                                                   described T. crocea as the most frequent                petition does not provide any species-                 represents a very small portion of the
                                                   and abundant giant clam species in                      specific information with regard to how                species’ overall range and it appears
                                                   Palau in the 1960s. No additional                       habitat destruction is negatively                      Japan has implemented some
                                                   information could be found in the                       impacting T. crocea populations. As                    regulations and conservation efforts to
                                                   petition or in our files pertaining to                  described previously, T. crocea does not               help safeguard giant clam populations
                                                   more recent trends for T. crocea in these               appear to have an obligate relationship                from overfishing.
                                                   locations to indicate low abundance or                  to a pristine, live coral reef habitat. In                Aside from Japan, no other
                                                   declining population trends.                            fact, T. crocea has been observed in a                 information or data is provided in the
                                                      In our own files, we found that T.                   number of habitat types, including dead                petition from Fiji or Vietnam to support
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                                                   crocea is one of the most abundant                      coral rubble covered in algae. Thus, and               the broad statement that overfishing of
                                                   species of giant clam in New Caledonia                  as noted previously, while the                         T. crocea is occurring in those locations,
                                                   (Kinch and Teitelbaum 2009). In Papua                   information in the petition is otherwise               although we did find some trade data to
                                                   New Guinea, information on stock                        largely accurate and suggests concern                  indicate that T. crocea is subject to
                                                   status is limited with the exception of                 for the status of coral reef habitat                   commercial trade in these areas (CITES
                                                   Milne Bay, where T. crocea was also                     generally, its broadness, generality, and              2004b). From 1994 to 2003, exports of
                                                   considered the most abundant species.                   speculative nature, and the lack of                    T. crocea were recorded for 24 countries
                                                   T. crocea is also found in Vanuatu,                     reasonable connections between the                     and territories. However, only ten of the
                                                   where, although all stocks of giant clam                threats discussed and the status of T.                 24 countries were selected for a


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                             28971

                                                   significant CITES trade review, of which                burrowing behavior, as these                           Factor C: Disease or Predation
                                                   only two were categorized as ‘‘possible                 characteristics make it more difficult for               The petition did not provide any
                                                   concern’’ (Fiji and Vanuatu) and only                   fishermen to harvest the species. For                  species-specific information regarding
                                                   one country (Vietnam) was categorized                   example, Hester and Jones (1974) noted                 how diseases may be affecting T. crocea
                                                   as ‘‘urgent concern.’’ The remaining                    that T. crocea was the only giant clam                 populations throughout its range. In
                                                   countries were described as having no                   species that did not likely have                       fact, none of the information provided
                                                   or minimal trade, and consequently                      commercial value in Palau, and that the                in the petition discusses diseases or
                                                   designated as ‘‘least concern.’’ Of the 16              species is seldom utilized for any                     parasites affecting T. crocea,
                                                   countries not selected for review and                   purpose. bin Othman et al. (2010) also                 specifically. We could also not find any
                                                   recording exports, only the Solomon                     generally characterize T. crocea as                    additional information in our files
                                                   Islands appeared to be trading in                       ‘‘more difficult and less economical to                regarding the threats of disease or
                                                   significant quantities (CITES 2004b).                   harvest’’ because this species burrows                 predation to T. crocea. Therefore, we
                                                      In Fiji, T. crocea is not recorded as                into substrates and is relatively small. In
                                                   naturally occurring but it has been                                                                            conclude that the petition does not
                                                                                                           New Caledonia, T. crocea is not listed                 provide substantial information that
                                                   reported as ‘‘introduced.’’ Between 1997
                                                                                                           among the preferably harvested species                 disease or predation is an operative
                                                   and 2000, significant quantities of T.
                                                                                                           there (Kinch and Teitelbaum 2009). As                  threat that acts or has acted on the
                                                   crocea imports (∼15,000 live specimens)
                                                   were reported from Fiji, of which two-                  previously discussed in the Population                 species to the point that the petitioned
                                                   thirds were reported as being of wild                   Status and Trends section above,                       action may be warranted.
                                                   origin. Reported imports from captive                   Hernawan (2010) attributed T. crocea’s
                                                                                                                                                                  Factor D: Inadequacy of Existing
                                                   bred sources have virtually ceased since                relatively high population densities in
                                                                                                                                                                  Regulatory Mechanisms
                                                   2000, and those from wild sources have                  survey sites in Indonesia to the fact that
                                                                                                           Indonesian fishermen do not target this                   The petition did not present species-
                                                   declined significantly. However, the
                                                                                                           species because of its small size and                  specific information regarding
                                                   CITES review regarding trade of T.
                                                                                                           burrowing behavior. This echoes the                    inadequate regulatory mechanisms for
                                                   crocea in Fiji concluded that: ‘‘Without
                                                                                                           general characterization of commercial                 T. crocea. As discussed above, the
                                                   information on the status of introduced
                                                   stocks and harvest levels for domestic                  utilization of this species by bin                     petitioner notes that there are some laws
                                                   consumption, it is not possible to assess               Othman et al. (2010). Finally, Dolorosa                for giant clams on the books in certain
                                                   whether or not current export levels are                and Shoppe (2005) note that ‘‘T. crocea                locations, but only discusses regulations
                                                   detrimental to the species’ survival in                 is little if at all exploited’’ in the                 from the Philippines and Malaysia and
                                                   Fiji’’ (CITES 2004b).                                   Philippines.                                           illegal clam poaching in disputed areas
                                                      In Vietnam between 1998 and 2003,                                                                           of the South China Sea. These areas
                                                                                                              Overall, most of the information                    represent a small portion of the range of
                                                   gross live exports of wild-sourced T.                   provided in the petition and in our files
                                                   crocea peaked at 61,674 specimens in                                                                           T. crocea. We found additional
                                                                                                           suggest that overutilization is not likely             regulations in our files regarding the
                                                   2001 and otherwise ranged between                       a significant threat to T. crocea because
                                                   35,000 and 46,000. Since 2001, much                                                                            harvest of giant clams, including T.
                                                                                                           its small shell is not economically                    crocea, in several countries. Numerous
                                                   lower levels, albeit still substantial (i.e.,           desirable and its burrowing behavior
                                                   from 2,500 to 7,500 specimens annually)                                                                        PICTs and Australia implement size
                                                                                                           makes it more difficult to harvest                     limits, bag limits, bans on commercial
                                                   of live T. crocea reported as captive-                  relative to other species of clams that
                                                   bred have been exported. The ‘‘Urgent                                                                          harvest, bans on night light harvest,
                                                                                                           are much larger in size and more easily                promotion of aquaculture, and
                                                   Concern’’ designation was given to
                                                                                                           accessible to fishermen. While it is clear             community-based cultural management
                                                   Vietnam because of the large quantities
                                                                                                           that T. crocea fulfills a local market                 systems for giant clams (more detail
                                                   reported as exports from the wild during
                                                                                                           niche and may have experienced                         provided above; Chambers 2007; Kinch
                                                   the review period and because of a lack
                                                                                                           historical overharvest in Okinawa,                     and Teitelbaum 2009). For T. crocea
                                                   of information on stocks and
                                                                                                           Japan, this location represents a very                 specifically, state-set and self-imposed
                                                   management activities (CITES 2004b).
                                                   However, the review did not make any                    small portion of the species’ overall                  regulations prevail in the fishing areas
                                                   conclusions as to the status of T. crocea               range, and we have no additional                       throughout Japan to protect the giant
                                                   in Vietnam or whether trade was                         information to suggest that this level of              clam stock (Okada 1997).
                                                   causing negative population level                       utilization is occurring elsewhere, such                  In terms of trade regulations, the
                                                   effects.                                                that the petitioned action may be                      discussion in the petition was not
                                                      Overall, while it appears that some                  warranted. Additionally, it appears that               species-specific. Additionally, we
                                                   countries have traded T. crocea in                      reseeding efforts and fishing regulations              determined above in the Overutilization
                                                   potentially significant quantities, we                  have been implemented in Japan to help                 for Commercial, Recreational, Scientific,
                                                   could not find any information to                       safeguard giant clam populations,                      or Educational Purposes section for T.
                                                   suggest that these quantities are                       including T. crocea, from overfishing.                 crocea, that international trade is not an
                                                   contributing to the overutilization of the              Further, the available trade data for T.               operative threat that acts or has acted on
                                                   species, such that the petitioned action                crocea does not indicate that                          the species to the point that the
                                                   may be warranted. Therefore, we                         international trade is causing negative                petitioned action may be warranted.
                                                   conclude that the available information                 population level effects to the species to                With regard to regulations of
sradovich on DSK3GMQ082PROD with PROPOSALS2




                                                   presented in the petition and in our files              the point that the petitioned action may               greenhouse gas emissions, the
                                                   does not constitute substantial                         be warranted. Therefore, we conclude                   discussion in the petition was also not
                                                   information that international trade is a               that the information in the petition and               species-specific. The petitioner did not
                                                   significant threat posing an extinction                 in our files does not constitute                       provide species-specific information
                                                   risk to T. crocea throughout its range.                 substantial information that                           regarding the negative response to ocean
                                                      In most locations where information                  overutilization is an operative threat                 warming or acidification. In addition,
                                                   is available, T. crocea does not appear                 that acts or has acted on the species to               the information in the petition, and in
                                                   to be a highly sought after giant clam                  the point that the petitioned action may               our files, does not indicate that T.
                                                   species due to its small size and                       be warranted.                                          crocea may be at risk of extinction that


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                                                   28972                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   is cause for concern due to the loss of                 dominant in many locations where it is                 Life History
                                                   coral reef habitat or the direct effects of             found. Given the species’ small size and
                                                   ocean warming and acidification. This                   unique burrowing behavior, the                            The petition presents the majority of
                                                   is discussed in more detail for T. crocea               available information does not indicate                life history information for T. maxima
                                                   specifically above under Factor A and                   that T. crocea is highly sought after or               from Jameson (1976) as cited in Munro
                                                   below under Factor E. Therefore, we                     targeted by fishermen in most locations.               (1992). This reference studied samples
                                                   conclude that the petition does not                     Overall, the information presented in                  from Guam and reports fecundity (F) of
                                                   provide substantial information that                    the petition and our files does not                    T. maxima as F = 0.00743 L3 (a ripe
                                                   inadequate regulatory mechanisms                        indicate that any identified or                        gonad of a 20 cm specimen would
                                                   controlling greenhouse gas emissions is                 unidentified threats may be acting on T.               therefore contain about 20 million eggs),
                                                   an operative threat that acts or has acted              crocea to the point that the species may               fertilized eggs of T. maxima had a mean
                                                   on the species to the point that listing                warrant listing as threatened or                       diameter of 104.5 mm, and settlement
                                                   may be warranted.                                       endangered under the ESA. After                        occurred 11 days after fertilization at a
                                                                                                           evaluating the population status and                   mean shell length of 195.0 mm.
                                                   Factor E: Other Natural or Manmade                      threat information presented in the                    Metamorphosis was basically complete
                                                   Factors                                                 petition and in our files in the context               about one day after settlement. Jameson
                                                     Aside from the information                            of the species’ overall range, we                      (1976) also reports that juveniles of T.
                                                   previously discussed for giant clams in                 conclude that the petition did not                     maxima first acquire zooxanthellae after
                                                   general in the Other Natural or                         provide substantial information                        21 days and juvenile shells show the
                                                   Manmade Factors section, the petition                   indicating that the petitioned action                  first signs of becoming opaque after 47
                                                   did not provide any species-specific                    may be warranted for this species.                     days. The petition states that male T.
                                                   information regarding how climate                                                                              maxima in the Cook Islands begin to
                                                                                                           Tridacna maxima                                        reach sexual maturity at approximately
                                                   change related threats, including ocean
                                                   warming and acidification, are                          Species Description                                    6 cm; 50 percent of both males and
                                                   negatively impacting T. crocea                             The petition provided very little                   females were sexually mature at 10 cm
                                                   populations throughout its range. We                    information regarding a general                        and 100 percent were sexually mature at
                                                   could also not find any additional                      description of T. maxima. The petition                 14 cm and larger. The species was also
                                                   information in our files regarding these                notes that T. maxima has close-set                     very slow growing and took 5 years to
                                                   threats to the species. Therefore, we                   scutes and grows to a maximum size of                  reach 10 cm in length, 10 years to reach
                                                   conclude that the information presented                 35 cm. We found additional information                 15 cm and 15 to 20 years to reach 20 cm
                                                   in the petition and in our files does not               in our files describing this species.                  and above. Because only 21.5 percent of
                                                   constitute substantial information that                 Although maximum shell length is 35                    the population were fully sexually
                                                   other natural or manmade factors,                       cm, it is commonly found at lengths up                 mature, the petitioner asserts that
                                                   including climate change related                        to 25 cm (Kinch and Teitelbaum 2009).                  overfishing of this species is likely
                                                   threats, acts or has acted on the species               Tridacna maxima has a grayish-white                    (Chambers 2007). In Guam and Fiji, T.
                                                   to the point that the petitioned action                 shell exterior, often suffused with                    maxima spawned during the winter
                                                   may be warranted.                                       yellow or pinkish orange and strongly                  months (LaBarbera 1975). Findings by
                                                                                                           encrusted with marine growths. The                     Jantzen et al. (2008) suggest T. maxima
                                                   Conclusion                                                                                                     in the Red Sea is a strict functional
                                                                                                           shell interior is porcellaneous white,
                                                      Based on the foregoing information,                  sometimes with yellow to orange hues                   photoautotroph limited by light.
                                                   we do not agree that the petition                       on the margins. Tridacna maxima often                  Range, Habitat, and Distribution
                                                   provides substantial information to                     has a brightly colored mantle, variable
                                                   indicate that the T. crocea may warrant                 in color and pattern (Kinch and                           Among members of the subfamily
                                                   listing as threatened or endangered                     Teitelbaum 2009), from brilliant to                    Tridacninae, T. maxima is the most
                                                   under the ESA. Particularly, in the                     subdued grayish yellow, bluish green,                  common and widely distributed species
                                                   context of the species’ overall range,                  blackish blue, to purple and brown.                    in the Indo-Pacific. This species ranges
                                                   there is no indication that T. crocea has               These colors occur medially on the                     from the Red Sea, Madagascar, and East
                                                   undergone significant population                        mantle and are sometimes spotted and                   Africa to the Tuamotu Archipelago and
                                                   declines or local extirpations such that                streaked with other colors (Su et al.,                 Pitcairn Island in the South Pacific, as
                                                   the species’ risk of extinction is elevated             2014). The shell of T. maxima usually                  well as from southern Japan in the north
                                                   to a point that is cause for concern. In                has four to five ribs with round                       to Lord Howe Island, off the coast of
                                                   contrast, it is the only clam species that              projections on the upper margins (Su et                New South Wales, Australia in the
                                                   is still described as abundant and even                 al., 2014).                                            south (bin Othman et al., 2010).
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                                                      In terms of habitat, T. maxima is a                  the point that the status of a species at              reference is that it occurs in Malaysian
                                                   reef-top inhabitant, living on the surface              a small scale (individual country or an                waters.
                                                   of the reef or sand and is usually seen                 island as may be the case for Singapore)                  The petition cites Salazar et al. (1999)
                                                   with its colored mantle exposed (Su et                  is not necessarily representative of its               who did a stock assessment of T. crocea,
                                                   al., 2014). This species can be found on                global status. Any species, especially                 T. maxima, T. squamosa and H.
                                                   reefs, partially embedded in corals in                  one with a large range like T. maxima,                 hippopus in the Eastern Visayas of the
                                                   littoral and shallow water, to a depth of               will have variable statuses at smaller                 Philippines and found most of the
                                                   20 m (Kinch and Teitelbaum 2009). In                    scales in different habitats due to a                  populations were juveniles with
                                                   Indonesia, T. maxima was found living                   variety of factors. Singapore is a small               insufficient numbers of breeders to
                                                   in dead coral rubble covered in algae,                  and densely populated island nation                    repopulate the region. As noted
                                                   Porites corals, and coral rubble                        known for particularly high                            previously, this reference was
                                                   (Hernawan 2010).                                        anthropogenic impacts in its nearshore                 unavailable for review so it is unclear if
                                                                                                           waters. The information in Neo and                     the authors were able to attribute these
                                                   Population Status and Abundance
                                                                                                           Todd (2012a 2012b and 2013) is                         results to environmental changes,
                                                   Trends
                                                                                                           informative for resource managers in                   overharvest, or some other type of
                                                      For T. maxima specifically, the                      Singapore and indicates a very low                     influence.
                                                   petition provides limited information                   population and density of T. maxima.                      As previously discussed in other
                                                   regarding the species’ population status                However, it is unclear how the current                 species accounts, the petition states that
                                                   and trends from Singapore and                           information relates to historical                      Hernawan (2010) found small
                                                   individual sites in Malaysia, the                       abundance of this species at this                      populations and evidence of
                                                   Philippines, Indonesia, Thailand,                       location. In addition, it is not                       recruitment failure in the six species
                                                   French Polynesia, and the Cook Islands.                 necessarily useful for assessing the                   found during a survey of Kei Kecil,
                                                      Neo and Todd (2012a) surveyed                        global status of T. maxima because                     Southeast-Maluku, Indonesia, including
                                                   87,515 m2 in Singapore and did not                      Singapore is a very small proportion of                T. maxima. The author conducted giant
                                                   observe T. maxima, despite the                          the overall species’ range and is not a                clam surveys in nine sites; however,
                                                   observation of one individual in a 2003                 representative environment of the rest of              Indonesia encompasses thousands of
                                                   survey of a little over 9,000 m2 by Guest               the species’ range.                                    islands and T. maxima occurs in other
                                                   et al. (2008). The authors acknowledge                     As described in earlier species                     locations throughout Indonesia
                                                   that no historical abundance data for T.                accounts, the petitioner cites Tan and                 (Hernawan 2010). Thus, this study
                                                   maxima in Singapore exist, nor any                      Yasin (2003), stating giant clams of all               represents a very small sample of T.
                                                   precise information on their                            species but T. crocea are considered                   maxima abundance in Indonesian
                                                   exploitation. They go on to propose that                endangered in Malaysia. The authors                    waters, with no evidence provided to
                                                   habitat loss, exploitation, and/or                      mention underwater surveys that reveal                 suggest that recruitment failure of T.
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                                                   sediment have synergistically led to the                that the ‘‘distribution of giant clams are             maxima is occurring throughout
                                                   extirpation of T. maxima in Singapore’s                 widespread but their numbers are very                  Indonesia.
                                                   waters. Neo and Todd (2013) make a                      low.’’ However, there are no references                   The petitioner cites
                                                   similar conclusion stating that T.                      provided by the authors to provide any                 Thamrongnavasawat et al. (2001) as
                                                   maxima is ‘‘probably already                            more detail or support for this                        saying T. maxima are now considered
                                                   functionally extinct (in Singapore) as                  information, which makes it difficult to               ‘‘scarce’’ throughout Thailand; however
                                                   they are reproductively isolated and                    interpret this information for individual              the link provided in the bibliography to
                                                   unlikely to fertilise [sic] conspecifics.’’             species. The only species-specific                     access this reference was not functional,
                                                   However, the authors specifically make                  information for T. maxima in this                      and we were otherwise unable to obtain
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                                                   28974                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   and review this reference to determine                  such that it needs protection under the                habitat degradation. However, the
                                                   what the authors meant by ‘‘scarce’’ or                 ESA. As noted above in the Threats to                  petition does not provide any species-
                                                   on what evidence this statement was                     Giant Clams section, there is huge                     specific information regarding how
                                                   based.                                                  heterogeneity across space and time in                 habitat destruction is negatively
                                                      The only references with species-                    terms of current and future impacts of                 affecting T. maxima. While the
                                                   specific information on abundance and                   climate change on giant clams species.                 information in the petition is otherwise
                                                   trends for T. maxima that show                             The petition cites Chambers (2007)                  [largely] accurate and suggests concern
                                                   evidence for their conclusions are from                 and notes that T. maxima was                           for the status of coral reef habitat
                                                   Rose Atoll, two atolls and an island in                 overharvested in the southern Cook                     generally, its broadness, generality, and
                                                   French Polynesia, and Tongareva                         Islands and the capital was now                        speculative nature, and the lack of
                                                   Lagoon in the Cook Islands. Neo and                     receiving them from the northern part of               reasonable connections between the
                                                   Todd (2012a) reference another study                    the country, but the specific aim of this              threats discussed and the status of T.
                                                   that reports up to 225 T. maxima                        study was to assess the size distribution,             maxima specifically, means that we
                                                   individuals per square meter at Rose                    abundance, and density of T. maxima in                 cannot find that this information
                                                   Atoll (Green and Craig 1999). The                       Tongareva lagoon. The author found                     reasonably suggests that habitat
                                                   estimated population size for Rose Atoll                variation within the lagoon with higher                destruction is an operative threat that
                                                   (615ha) was approximately 27,800 T.                     densities occurring in the south, farther              acts or has acted on the species to the
                                                   maxima individuals based on surveys                     from villages. The overall density                     point that the petitioned action may be
                                                   from 1994 to 95.                                        recorded was 0.42 clams per square                     warranted.
                                                      In French Polynesia, Gilbert et al.                  meter, with a total population of 28,066
                                                   (2006) report that several lagoons in two                                                                      Factor B: Overutilization for
                                                                                                           individuals; however, the author notes                 Commercial, Recreational, or Scientific
                                                   archipelagos are characterized by                       that these numbers were based on
                                                   enormous populations of T. maxima.                                                                             Purposes
                                                                                                           extrapolating over the whole lagoon, all
                                                   They report densities of 23.6 million                   of which is not necessarily suitable clam                 Species-specific information on
                                                   clams in 4.05 km2 at Fangatau atoll, 88.3               habitat. The authors suggest that a more               overharvest of T. maxima in the petition
                                                   million clams in 11.46 km2 at Tatakoko,                 accurate extrapolation should be based                 is limited. The petitioner cites Bodoy
                                                   and 47.5 million in 16.3 km2 in Tubuai.                 on the area of available suitable habitat              (1984), stating the authors found that
                                                   At the time of publication, the authors                 to fully account for areas where T.                    harvesting decreased the size of T.
                                                   noted these were the largest giant clam                 maxima occurs in high numbers. While                   maxima in Saudi Arabia. However, the
                                                   densities observed anywhere in the                      this study indicates some areas of lower               authors only surveyed four sites with
                                                   world. The authors also note that a                     abundance near population centers (i.e.,               varying degrees of accessibility and
                                                   small scale but growing fishery in these                harvest pressure), it also reports high                found that the harder-to-access sites, as
                                                   areas should be actively managed to                                                                            well as deeper depths at all sites, appear
                                                                                                           numbers and densities of T. maxima at
                                                   avoid decimating these pristine stocks.                                                                        to provide some refuge from collection
                                                                                                           several sites (Chambers 2007).
                                                   They list several existing management                      Finally, a CITES trade review of T.                 as they observed either more or larger
                                                   efforts in French Polynesia including a                                                                        clams (or both) there.
                                                                                                           maxima characterizes the species as still
                                                   minimum shell length for capture,                                                                                 The study by Shelley (1989) discussed
                                                                                                           reasonably abundant in some countries,
                                                   development of clam aquaculture                                                                                above in the Life History section
                                                                                                           being ‘‘widespread and abundant’’ in                   documented likely overfishing of T.
                                                   capacity, and the establishment of no-                  Australia, and ‘‘common’’ with stable
                                                   take areas (Gilbert et al., 2006). The first                                                                   maxima in the Cook Islands based on a
                                                                                                           stocks in Vanuatu (CITES 2004c).                       very low proportion of mature
                                                   no-take area dedicated to the
                                                                                                           Overall, the information regarding                     individuals in the population. Chambers
                                                   conservation of T. maxima was
                                                                                                           abundance and population trends for T.                 (2007) notes that T. maxima was
                                                   implemented in 2004 at Tatakoto Atoll,
                                                                                                           maxima is limited, particularly given                  overharvested in the southern Cook
                                                   one of the study areas in French
                                                                                                           the species’ enormous geographic range.                Islands and the capital was now
                                                   Polynesia. Six years after the Gilbert et
                                                                                                           As noted previously, any species,                      receiving them from the northern part of
                                                   al. (2006) study, a stock assessment
                                                                                                           especially one with a large range like T.              the country. In the Cook Islands, only
                                                   survey revealed a dramatic decrease in
                                                                                                           maxima, will have variable statuses at                 cultured clams are exported, and wild
                                                   the T. maxima population within the
                                                                                                           smaller scales in different habitats due               harvest is for local consumption.
                                                   no-take area and elsewhere throughout
                                                   the atoll (83 percent overall reduction in              to a variety of factors. The limited                   Traditional cultures in individual
                                                   density), an anomaly the authors                        information in the petition and our files,             villages institute a rahui system to
                                                   attribute to temperature variations 3                   however, does not indicate that T.                     impose closures of certain areas for a
                                                   years prior to the survey, but the cause                maxima’s overall population status or                  period of time to allow stocks to
                                                   could not be determined definitively                    abundance trends are contributing to an                regenerate (Chambers 2007). While
                                                   (Andrefouet et al., 2013). The authors                  elevated extinction risk, such that the                Chambers (2007) indicates some level of
                                                   note that mortality events of this scale                species may be threatened or                           harvest pressure on T. maxima, they
                                                   are not uncommon for bivalves and                       endangered throughout all or a                         also report areas of high numbers and
                                                   there are other reports of massive die-                 significant portion of its range.                      densities of T. maxima in several sites.
                                                   offs of clams related to environmental                  Threats to T. maxima                                      We found additional trade
                                                   variables like ENSO-related temperature                                                                        information for T. maxima in some
                                                                                                           Factor A: Present or Threatened
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                                                   increases or lowered mean sea level in                                                                         CITES documents cited by the
                                                   certain areas, which leaves clams                       Destruction Modification, or                           petitioner, although the trade
                                                   exposed to unfavorable conditions for                   Curtailment of Range                                   information therein was not presented
                                                   long periods. Within a geographic range                    The petition asserts that all species of            in the petition. Out of 31 countries
                                                   as vast as T. maxima’s, one anomalous                   giant clam, including T. maxima, are at                listed in a trade review for this species,
                                                   event that may have been due to                         risk of extinction throughout their                    one was listed as ‘‘Urgent Concern’’
                                                   temperature changes does not constitute                 ranges due to the threat of habitat                    (Tonga), seven were assessed as
                                                   substantial information that climate                    destruction, largely because of threats                ‘‘Possible Concern, and ‘‘Least Concern’’
                                                   change may be affecting the species                     related to climate change and coral reef               was reserved for the remaining 23


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                            28975

                                                   countries (CITES 2004c). Countries                      clams (more detail provided above in                   are likely not acclimated to the common
                                                   reported as ‘‘Least Concern’’ were                      the general Inadequacy of Existing                     daily fluctuations in many
                                                   assessed as such for the following                      Regulatory Mechanisms section of this                  environmental parameters experienced
                                                   reasons: either there was no trade                      notice; Chambers 2007; Kinch and                       in the wild. As such, they may react
                                                   reported over the period under review                   Teitelbaum 2009).                                      differently than wild specimens to
                                                   (1994–2003) (n=10), recorded trade                         In terms of international trade and                 abrupt changes in their environment. As
                                                   during the last 5 years of the period                   greenhouse gas regulations, the                        discussed in more detail in our 12-
                                                   under review was at a low level (n=10),                 discussion in the petition was again not               month finding for orange clownfish (80
                                                   or trade was primarily or entirely of                   species-specific. The petitioner did not               FR 51235; August 24, 2015), the acute
                                                   captive bred specimens.                                 provide species-specific information                   nature of the exposure and lack of
                                                     Based on the foregoing information,                   regarding the negative response to ocean               acclimation in this study is noteworthy
                                                   the species-specific information                        warming or acidification. However, we                  because most species will not
                                                   presented in the petition and in our files              evaluated the information in the                       experience changes in acidification so
                                                   on overharvest of T. maxima is not                      petition that may apply to all the                     acutely in their natural habitats. Rather,
                                                   substantial. Given the broad geographic                 petitioned species. Above in the Threats               they are likely to experience a gradual
                                                   range of the species and when                           to Giant Clams section, we determined                  increase in average CO2 levels over
                                                   considered in combination with all                      that overall, the entire discussion of the             several generations, and therefore a
                                                   other information presented for this                    inadequacy of CITES is very broad and                  variety of factors could come into play
                                                   species, we find that the petition does                 does not discuss how the inadequacy of                 over time to aid in adaptation (or may
                                                   not provide sufficient information to                   international trade regulations is                     not—there is high uncertainty). We
                                                   demonstrate that overutilization is an                  impacting any of the petitioned species                recognize that because giant clam
                                                   operative threat that acts or has acted on              to the point that it is contributing to an             species are likely long-lived, they likely
                                                   the species to the point that the                       extinction risk, with the exception of T.              have longer generation times, and thus,
                                                   petitioned action may be warranted.                     gigas and the growing giant clam                       giant clams born today could potentially
                                                                                                           industry in China. In addition, the                    live long enough to experience oceanic
                                                   Factor C: Disease or Predation
                                                                                                           information in the petition, and in our                conditions predicted late this century
                                                     The petition does not present any                     files, does not indicate that the                      (Watson et al., 2012). However, given
                                                   species-specific information indicating                 petitioned species may be at risk of                   the disconnect between these
                                                   disease or predation are factors acting                 extinction that is cause for concern due               experimental results and what can be
                                                   on populations of T. maxima to the                      to the loss of coral reef habitat or the               expected to occur in the wild over time,
                                                   extent that the species may warrant                     direct effects of ocean warming and                    the uncertainty in future ocean
                                                   protection under the ESA. The                           acidification. This is discussed in more               acidification rates, and the
                                                   generalized information in the petition                 detail for T. maxima specifically above                heterogeneity of the species’ habitat and
                                                   does not constitute substantial                         under Factor A and below under Factor                  current environmental conditions across
                                                   information for individual species as                   E. Therefore, we conclude that the                     its large range, these results are not
                                                   discussed above. We found some                          petition does not provide substantial                  compelling evidence that elevated levels
                                                   generalized information indicating that                 information that inadequate regulatory                 of atmospheric CO2 is an operative
                                                   T. maxima has some known non-human                      mechanisms controlling greenhouse gas                  threat that acts or has acted on T.
                                                   predators (e.g., large triggerfish, octopi,             emissions is an operative threat that acts             maxima to the extent that the petitioned
                                                   eagle rays, and pufferfish) and is                      or has acted on the species to the point               action may be warranted.
                                                   vulnerable to predation during the                      that the petitioned action may be                         The work by Andrefouet et al. (2013)
                                                   juvenile stage (<10 cm); Chambers                       warranted.                                             on T. maxima discussed above in the
                                                   2007), but we do not have any                                                                                  section on Population status and Trends
                                                   additional information in our files on                  Factor E: Other Natural or Manmade
                                                                                                                                                                  documents mortality at Tatakoto Atoll
                                                   the effects of disease or predation on T.               Factors
                                                                                                                                                                  in French Polynesia likely due to a
                                                   maxima.                                                   The petition presents limited                        temperature anomaly; however, again
                                                                                                           information in terms of other natural or               the authors did not definitively identify
                                                   Factor D: Inadequacy of Existing                        manmade factors affecting the status of
                                                   Regulatory Mechanisms                                                                                          the cause of the observed decline.
                                                                                                           T. maxima. The petitioner cites Waters                 Further, a single anomaly in one
                                                      The petition does not present species-               (2008) who found that T. maxima                        location is not indicative of an ongoing
                                                   specific information regarding                          juveniles exposed to pCO2                              threat that contributes to an elevated
                                                   inadequate regulatory mechanisms for                    concentrations approximating glacial                   extinction risk for T. maxima. While we
                                                   T. maxima. As discussed above, the                      (180 ppm), current (380 ppm) and                       acknowledge the potential for both
                                                   petitioner notes that there are some laws               projected (560 ppm and 840 ppm) levels                 ocean warming and ocean acidification
                                                   for giant clams on the books in certain                 of atmospheric CO2 (per the IPCC IS92a                 to have impacts on T. maxima, the
                                                   locations, but only discusses regulations               scenario) suffered decreases in size and               petition did not present substantial
                                                   from the Philippines and Malaysia and                   dissolution with increased levels of                   information indicating the species may
                                                   only discusses illegal clam poaching in                 atmospheric CO2 and this occurred                      warrant listing due to these threats, nor
                                                   disputed areas of the South China Sea.                  below thresholds previously considered                 do we have additional information in
                                                   These areas represent a small portion of                detrimental to other marine organisms                  our files that would indicate this.
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                                                   the range of T. maxima. We found                        in similar conditions. We acknowledge
                                                   additional regulations in our files                     these results however, they are not                    Conclusion
                                                   regarding the harvest of giant clams in                 easily interpreted into potential species                It is common for all species,
                                                   several countries. Numerous PICTs and                   level effects over time and/or space for               especially those with very expansive
                                                   Australia implement size limits, bag                    T. maxima. First, the clams used in the                geographic ranges like T. maxima, to
                                                   limits, bans on commercial harvest,                     experiment were cultured and not                       experience different impacts and
                                                   bans on night light harvest, promotion                  harvested from the wild. Cultured                      variable population statuses throughout
                                                   of aquaculture, and community-based                     specimens are likely to experience                     different areas within their range. In
                                                   cultural management systems for giant                   much more uniform environments and                     evaluating the information presented in


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                                                   28976                    Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules

                                                   the petition, we consider the                           Pacific, occurring from the Ryuku                      files on the population abundance or
                                                   information itself as well as the scope of              archipelago of Japan to Western                        tends of the species.
                                                   the information presented as it relates to              Australia, and from the Coral Triangle
                                                                                                                                                                  Threats to Tridacna noae
                                                   the range of the species. The petition                  (as defined by Veron et al., 2009) to the
                                                   presented species-specific information                  Coral Sea and to the Northern Line                     Factor A: Present or Threatened
                                                   indicating high densities and robust                    Islands (Borsa et al., 2015b). Tridacna                Destruction, Modification, or
                                                   populations in the Cook Islands, French                 noae is thus known from Taiwan, Japan,                 Curtailment of Its Habitat or Range
                                                   Polynesia, and Rose Atoll. It also                      Dongsha (northern South China Sea),                      The petition does not provide any
                                                   provided citations with generalized                     Bunaken (Sulawesi Sea), Madang and                     species-specific information regarding
                                                   statements of rarity of T. maxima in                    Kavieng (Bismarck Sea), the Alor                       how habitat destruction is negatively
                                                   Singapore and individual study sites in                 archipelago (Sawu Sea), Kosrae                         impacting T. noae. As discussed
                                                   Malaysia, Indonesia, and Thailand. In                   (Caroline Islands), New Caledonia, the                 previously, while the information in the
                                                   the case of T. maxima, areas where the                  Loyalty Islands and Vanuatu (Coral                     petition is otherwise largely accurate
                                                   species may be in poor status are not                   Sea), Viti-Levu (Fiji), Wallis Island, and             and suggests concern for the status of
                                                   compelling evidence of the global status                Kiritimati (Northern Line Islands) (Borsa              coral reef habitat generally, its
                                                   of this species compared to its overall                 et al., 2015b). Mitochondrial DNA data                 broadness, generality, and speculative
                                                   range because the information is not                    also indicate its presence in the                      nature, and the lack of reasonable
                                                   outside of what is commonly expected                    Philippines (eastern Negros), Western                  connections between the threats
                                                   in terms of variability in species status               Australia (in the Molucca Sea at                       discussed and the status of T. noae
                                                   across such a large range as T.                         Ningaloo Reef) and in the Solomon                      specifically means that we cannot find
                                                   maxima’s. There is an entire one third                  Islands (Borsa et al., 2015b). Individuals             that this information reasonably
                                                   or more of the species’ range for which                 are attached by a byssus and bore into                 suggests that habitat destruction is an
                                                   no information was presented at all in                  coral, living in littoral and shallow                  operative threat that acts or has acted on
                                                   the petition (eastern Africa and the                    waters to a depth of 20 m. Borsa et al.                the species to the point that the
                                                   Indian Ocean) with the exception of one                 (2015b) notes that: ‘‘It may occur                     petitioned action may be warranted.
                                                   study from one site in Saudi Arabia                     naturally on the same reef habitats as T.
                                                                                                                                                                  Factor B: Overutilization for
                                                   within the Red Sea. Thus, the petition                  maxima, and also T. crocea as reported                 Commercial, Recreational, Scientific, or
                                                   did not present substantial information                 from the Solomon Islands (Huelsken et                  Educational Purposes
                                                   to indicate either poor population status               al., 2013), and as observed at Bunaken
                                                   globally or operative threats acting on                 and in New Caledonia (this survey).’’                    Aside from what has already been
                                                   the species such that the petitioned                                                                           discussed regarding the threat of
                                                                                                           Population Status and Abundance                        overutilization for giant clams in
                                                   action may be warranted for T. maxima.
                                                                                                           Trends                                                 general, we could not find any species-
                                                   Tridacna noae                                                                                                  specific information in the petition or in
                                                                                                              The petition does not provide any
                                                   Species Description                                                                                            our files regarding overutilization of T.
                                                                                                           species-specific information for T. noae
                                                                                                                                                                  noae for commercial, recreational,
                                                     Tridacna noae, also known as Noah’s                   concerning its population status or
                                                                                                                                                                  scientific, or educational purposes. As
                                                   giant clam, is most like T. maxima in                   abundance trends. The only statement
                                                                                                                                                                  such, we cannot conclude that the
                                                   appearance, but live T. noae specimens                  in the petition with regard to T. noae’s
                                                                                                                                                                  petition presented substantial
                                                   can be distinguished by the sparsely                    status and abundance is: ‘‘Given the
                                                                                                                                                                  information that overutilization is an
                                                   distributed hyaline organs, and by the                  threats discussed elsewhere in this                    operative threat that acts or has acted on
                                                   large, easily recognizable, ocellate spots              report for Asia and here for the South                 the species to the point that the
                                                   with a thin, white contour on the                       China Sea, it is likely that T. noae has               petitioned action may be warranted.
                                                   mantle’s edge (Neo et al., 2015; Su et al.,             also declined severely.’’ The petitioner
                                                   2014). Shell lengths range between 6                    did not provide any references or                      Factor C: Disease or Predation
                                                   and 20 cm (Neo et al., 2015).                           additional supporting information to                      Aside from what has already been
                                                                                                           substantiate this claim. Given that the                discussed regarding the threats of
                                                   Life History                                            species’ geographic range extends far                  disease and predation for giant clams in
                                                      Aside from what has already been                     beyond Southeast Asia, simply inferring                general (refer back to the Threats to
                                                   discussed in the general life history                   a severe abundance decline throughout                  Giant Clams section above), we could
                                                   information applicable to all giant clams               the species’ large geographic range                    find no additional information regarding
                                                   (refer back to the Giant Clam life history              based on generalized threats discussed                 disease or predation specific to T. noae.
                                                   section above), the petition did not                    for one part of the range (and without                 Therefore, we conclude that the petition
                                                   provide any species-specific life history               providing any link that these threats are              does not provide substantial
                                                   information for T. noae. We could also                  specifically acting on T. noae to reduce               information that disease or predation is
                                                   not find any other life history                         its abundance) is erroneous. Generalized               an operative threat that acts or has acted
                                                   information in our files specific to T.                 evidence of declining habitat or                       on the species to the point that the
                                                   noae.                                                   declining populations per se are not                   petitioned action may be warranted.
                                                                                                           evidence of declines large enough to
                                                   Range, Habitat, and Distribution                        infer extinction risk that may meet the                Factor D: Inadequacy of Existing
                                                                                                                                                                  Regulatory Mechanisms
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                                                     The petition did not provide a range                  definition of either threatened or
                                                   map for this species, nor was it included               endangered under the ESA. Therefore,                      The petition did not present species-
                                                   in bin Othman et al. (2010). Tridacna                   we conclude that the information                       specific information regarding
                                                   noae’s distribution overlaps with T.                    presented in the petition on the species’              inadequate regulatory mechanisms for
                                                   maxima’s distribution, but generally                    population status and abundance trends                 T. noae. As discussed above, the
                                                   occurs in lower abundances (Neo et al.,                 does not constitute substantial                        petitioner notes that there are some laws
                                                   2015). Based on the information                         information that the species may                       for giant clams on the books in certain
                                                   provided in the petition, T. noae has a                 warrant listing under the ESA. We could                locations, but only discusses regulations
                                                   widespread distribution across the Indo-                also not find any information in our                   from the Philippines and Malaysia and


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                                                                            Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Proposed Rules                                                  28977

                                                   illegal clam poaching in disputed areas                 populations throughout its range. We                   public comments before developing and
                                                   of the South China Sea. These areas                     could also not find any additional                     publishing a final rule. We also find that
                                                   represent a small portion of the range of               information in our files regarding these               the petition and information readily
                                                   T. noae. We found additional                            threats to the species. As such, we                    available in our files do not present
                                                   regulations in our files regarding the                  cannot conclude that the petition                      substantial scientific and commercial
                                                   harvest of giant clams in several                       presented substantial information that                 information indicating that the
                                                   countries. Numerous PICTs and                           other natural or manmade factors,                      petitioned action of listing T. crocea, T.
                                                   Australia implement size limits, bag                    including climate change related                       maxima, and T. noae is warranted.
                                                   limits, bans on commercial harvest,                     threats, are operative threats that act or
                                                   bans on night light harvest, promotion                  have acted on the species to the point                 Information Solicited
                                                   of aquaculture, and community-based                     that the petitioned action may be                         To ensure that the status reviews are
                                                   cultural management systems for giant                   warranted.                                             based on the best available scientific
                                                   clams (more detail provided above;                                                                             and commercial data, we are soliciting
                                                                                                           Conclusion
                                                   Chambers 2007; Kinch and Teitelbaum                                                                            information relevant to whether the
                                                   2009).                                                    The petition did not provide
                                                                                                           substantial information that any                       giant clam species for which we have
                                                      In terms of international trade and
                                                                                                           identified or unidentified threats may be              made positive findings are endangered
                                                   greenhouse gas regulations, the
                                                                                                           acting on T. noae to the point that it                 or threatened. Specifically, we are
                                                   discussion in the petition was again not
                                                                                                           may warrant listing as threatened or                   soliciting information in the following
                                                   species-specific. The petitioner did not
                                                                                                           endangered under the ESA. We                           areas: (1) Historical and current
                                                   provide species-specific information
                                                                                                           evaluated the extremely limited                        distribution and abundance of these
                                                   regarding the negative response to ocean
                                                                                                           population status information and threat               species throughout their respective
                                                   warming or acidification. However, we
                                                                                                           information presented in the petition                  ranges; (2) historical and current
                                                   evaluated the information in the
                                                                                                           and in our files and cannot conclude                   population trends; (3) life history in
                                                   petition that may apply to all the
                                                                                                           that substantial information has been                  marine environments, including growth
                                                   petitioned species. In the general
                                                   Threats to Giant Clams section above,                   presented that indicates the petitioned                rates and reproduction; (4) historical
                                                   we determined that overall, the entire                  action may be warranted for this                       and current data on the commercial
                                                   discussion of the inadequacy of CITES                   species.                                               trade of giant clam products; (5)
                                                   is very broad and does not discuss how                                                                         historical and current data on fisheries
                                                                                                           Petition Findings                                      targeting giant clam species; (6) any
                                                   the inadequacy of international trade
                                                   regulations is impacting any of the                        Based on the above information and                  current or planned activities that may
                                                   petitioned species to the point that it is              the criteria specified in 50 CFR                       adversely impact the species; (7)
                                                   contributing to an extinction risk, with                424.14(b)(2), we find that the petition                ongoing or planned efforts to protect
                                                   the exception of T. gigas and the                       and information readily available in our               and restore the species and its habitats,
                                                   growing giant clam industry in China. In                files present substantial scientific and               including information on aquaculture
                                                   addition, the information in the                        commercial information indicating that                 and/or captive breeding and restocking
                                                   petition, and in our files, does not                    the petitioned action of listing the                   programs for giant clam species; (8)
                                                   indicate that the petitioned species may                following giant clam species as                        population structure information, such
                                                   be at risk of extinction that is cause for              threatened or endangered may be                        as genetics data; and (9) management,
                                                   concern due to the loss of coral reef                   warranted: H. hippopus, H. porcellanus,                regulatory, and enforcement
                                                   habitat or the direct effects of ocean                  T. costata, T. derasa, T. gigas, T.                    information. We request that all
                                                   warming and acidification. This is                      squamosa, and T. tevoroa. Therefore, in                information be accompanied by: (1)
                                                   discussed in more detail for T. noae                    accordance with section 4(b)(3)(A) of                  Supporting documentation such as
                                                   specifically above under Factor A and                   the ESA and NMFS’ implementing                         maps, bibliographic references, or
                                                   below under Factor E. Therefore, we                     regulations (50 CFR 424.14(b)(3)), we                  reprints of pertinent publications; and
                                                   conclude that the petition does not                     will commence status reviews of these                  (2) the submitter’s name, address, and
                                                   provide substantial information that                    species. During the status reviews, we                 any association, institution, or business
                                                   inadequate regulatory mechanisms                        will determine whether these species                   that the person represents.
                                                   controlling greenhouse gas emissions is                 are in danger of extinction (endangered)
                                                                                                           or likely to become so within the                      References Cited
                                                   an operative threat that acts or has acted
                                                   on the species to the point that the                    foreseeable future (threatened)                          A complete list of references is
                                                   petitioned action may be warranted.                     throughout all or a significant portion of             available upon request to the Office of
                                                                                                           their ranges. We now initiate this                     Protected Resources (see ADDRESSES).
                                                   Factor E: Other Natural or Manmade                      review, and thus, we consider these
                                                   Factors                                                 giant clam species to be candidate                       Authority: The authority for this action is
                                                                                                                                                                  the Endangered Species Act of 1973, as
                                                     Aside from the information                            species (69 FR 19975; April 15, 2004).                 amended (16 U.S.C. 1531 et seq.).
                                                   previously discussed for giant clams in                 Within 12 months of the receipt of the
                                                   general in the Other Natural or                         petition (August 7, 2017), we will make                  Dated: June 21, 2017.
                                                   Manmade Factors section, the petition                   a finding as to whether listing these                  Samuel D. Rauch III,
                                                   does not provide any species-specific                   species as endangered or threatened is                 Deputy Assistant Administrator for
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                                                   information regarding how climate                       warranted as required by section                       Regulatory Programs, National Marine
                                                   change related threats, including ocean                 4(b)(3)(B) of the ESA. If listing these                Fisheries Service.
                                                   warming and acidification, are                          species is found to be warranted, we                   [FR Doc. 2017–13275 Filed 6–23–17; 8:45 am]
                                                   negatively impacting T. noae                            will publish a proposed rule and solicit               BILLING CODE 3510–22–P




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Document Created: 2018-11-14 10:11:01
Document Modified: 2018-11-14 10:11:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
Action90-day petition findings, request for information, and initiation of status review.
DatesInformation and comments on the subject action must be received by August 25, 2017.
ContactLisa Manning, NMFS, Office of Protected Resources (301) 427-8403.
FR Citation82 FR 28946 
RIN Number0648-XF17
CFR Citation50 CFR 223
50 CFR 224

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