Endangered and Threatened Species; Determination on the Designation of Critical Habitat for Chambered Nautilus, 5197-5201 [2020-01532]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5197-5201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01532]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 200123-0028]
RTID 0648-XR079


Endangered and Threatened Species; Determination on the 
Designation of Critical Habitat for Chambered Nautilus

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

ACTION: Notice.

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SUMMARY: We, NMFS, have determined that a designation of critical 
habitat for the chambered nautilus (Nautilus pompilius) is not prudent 
at this time. Based on a comprehensive review of the best scientific 
data available, we find that there are no areas that meet the 
definition of critical habitat for the species; the species primarily 
occurs outside the jurisdiction of the United States, and areas within 
the jurisdiction of the United States provide no more than negligible 
conservation value, if any. Given the above circumstances, we have 
determined that a designation of critical habitat for this species is 
not prudent.

DATES: This finding is made on January 29, 2020.

ADDRESSES: Electronic copies of the determination and the list of 
references are available from the NMFS Office of Protected Resources 
website at https://www.fisheries.noaa.gov/species/chambered-nautilus.

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

SUPPLEMENTARY INFORMATION:

Background

    On September 28, 2018, we published a final rule to list the 
chambered nautilus (Nautilus pompilius) as a threatened species under 
the Endangered Species Act (ESA) (83 FR 48976). Section 4(b)(6)(C) of 
the ESA requires the Secretary of Commerce (Secretary) to designate 
critical habitat concurrently with making a determination to list a 
species as threatened or endangered unless it is not determinable at 
that time, in which case the Secretary may extend the deadline for this 
designation by 1 year. At the time of listing, we concluded that 
critical habitat was not determinable because sufficient information 
was not available to: (1) Identify the physical and biological features 
essential to conservation of the species, particularly given the 
uncertainty regarding habitat features necessary to support important 
life history needs and the irregularity and unpredictability of 
chambered nautiluses within areas they are known to occur; (2) 
determine the specific geographical areas that contain the physical and 
biological features essential to conservation of the species; and (3) 
assess the impacts of the designation. In our final rule to list the 
chambered nautilus as threatened, we requested relevant information 
from the public on features and areas under U.S. jurisdiction that may 
meet the definition of critical habitat for the chambered nautilus but 
did not receive any responses to that solicitation. Subsequently, we 
continued to research, review, and compile the best available 
scientific data for use in the identification of critical habitat for 
the chambered nautilus. However, as discussed below, based on these 
data we find that: (1) There are no identifiable physical or biological 
features that are essential to the conservation of the chambered 
nautilus within areas under U.S. jurisdiction and that may require 
special management measures or protections, or unoccupied areas under 
U.S. jurisdiction that are essential to the conservation of the 
species; and (2) the areas where the species occurs within the 
jurisdiction of the United States provide no more than negligible, if 
any, conservation value.
    This finding describes the biology, distribution, and habitat use 
of the chambered nautilus and information and analyses to support the 
above determinations.

Chambered Nautilus Biology and Status

    The following discussion of the life history and status of the 
chambered nautilus is based on the best scientific data available, 
including the Endangered Species Act Status Review Report: Chambered 
Nautilus (Nautilus pompilius) (Miller 2018).
    The chambered nautilus (Nautilus pompilius) is an externally-
shelled cephalopod with a distinctive coiled calcium-carbonate shell 
that is divided into chambers. The shell can range in color from white 
to orange, and even purple, with unique color patterns (Barord 2015). 
Its distinctive coiled shell is what makes the chambered nautilus a 
highly sought after commodity in international trade (Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) 2016). The body of the chambered nautilus is housed in the 
largest chamber within the shell, and when the animal is attacked, it 
can seal itself into this chamber, closing the opening with a large, 
fleshy hood (Jereb 2005). The chambered nautilus also has up to 90 
tentacles, without suckers, which they use to dig in substrate, 
scavenge for food (Barord 2015), and to grab on to reef surfaces for 
rest (CITES 2016).
    The chambered nautilus is found in tropical, coastal reef, deep-
water habitats of the Indo-Pacific. It is generally found in 
association with steep-sloped forereefs with sandy, silty, or muddy-
bottomed substrates. Physiologically, the chambered nautilus cannot 
tolerate temperatures above approximately 25[deg] C or depths exceeding 
around 750-800 meters (m) (Ward et al. 1980; Carlson 2010) and is, 
therefore, found in depths ranging from around 100 m to 500 m (CITES 
2016). They can travel distances of up to 6 kilometers (km) in a day 
facilitated by currents (Dunstan et al. 2011c). However, at the depths 
where these animals are generally active (>200 m), currents are weak 
and movements are primarily accomplished through self-propulsion, with 
observed N. pompilius distances of up to 3.2 km per day and maximum 
speeds of up to 1.18 km/hour for short periods of time (less than 6 
hours) (Dunstan et al. 2011a). Given their slow speeds, and reliance on 
passive transport (like ocean currents) for any chance of a successful 
long-distance migration, nautiluses are rarely found in the open ocean 
or even mid-water due to risk of predation (Bonacum et al. 2011).
    Chambered nautiluses are described as deep-sea scavenging 
generalists and opportunistic predators, using their

[[Page 5198]]

tentacles to dig in the substrate and feed on a variety of organisms, 
including fish, crustaceans, echinoids, nematodes, cephalopods, other 
marine invertebrates, and detrital matter (Saunders and Ward 2010; 
Barord 2015). The chambered nautilus also has an acute sense of 
olfaction and can easily smell odors (such as prey) in turbulent waters 
from significant distances (of up to 10 m) (Basil et al. 2000).
    The general life history characteristics of the chambered nautilus 
are that of a rare, long-lived (at least 20 years), late-maturing (10-
17 years), and slow-growing marine invertebrate species, with likely 
low reproductive output. Circumferential growth rate for the chambered 
nautilus is estimated to range from 0.053 mm/day to 0.23 mm/day and 
slows as the animal approaches maturity (Dunstan et al. 2010; Dunstan 
et al. 2011b). However, average size at maturity of N. pompilius 
appears to vary among regions.
    Very little is known regarding nautilus reproduction in the wild. 
Observations of captive animals suggest that nautiluses reproduce 
sexually and have multiple reproductive cycles over the course of their 
lifetime. Based on data from captive N. belauensis and N. macromphalus 
individuals, female nautiluses may lay up to 10 to 20 eggs per year, 
which hatch after a lengthy embryonic period of around 10 to 12 months 
(Uchiyama and Tanabe 1999; Barord and Basil 2014; Carlson 2014). There 
is no larval phase, with juveniles hatching at sizes of 22 to 23 
millimeters (mm) in diameter, and potentially migrating to deeper and 
cooler waters (Barord and Basil 2014). However, live hatchlings rarely 
have been observed in the wild.
    As discussed in the proposed rule (82 FR 48948, October 23, 2017) 
and final rule (83 FR 48976, September 28, 2018) to list the chambered 
nautilus, the most significant threat to the species is overutilization 
through commercial harvest to meet the demand for the international 
nautilus shell trade. Chambered nautiluses are specifically targeted 
for their shells, which have a distinctive coiled interior, and are 
sold as souvenirs to tourists and shell collectors and also used in 
jewelry and home d[eacute]cor items (where either the whole shell is 
sold as a decorative object or parts are used to create shell-inlay 
designs). Based on the available trade data, nautilus commodities are 
in high demand and nautilus products are globally traded, likely in the 
hundreds of thousands annually.
    Fisheries for nautiluses tend to follow a boom-bust cycle, with 
serial exploitation of nautilus populations leading to reductions of 70 
to 97 percent in population abundances and even extirpations of local 
chambered nautilus populations from waters comprising roughly three-
quarters of the species' known range. The evidence of new N. pompilius 
fishing sites being established to supply both the legal and illegal 
trade, and poorly enforced domestic regulatory measures, coupled with 
the species' demographic risks (including small and isolated 
populations, low productivity, habitat specificity, and physiological 
limitations that restrict large-scale migration), significantly 
increase the species' vulnerability to depletion and make it likely to 
become an endangered species within the foreseeable future throughout 
its range.

Criteria for Critical Habitat Identification and Designation

    Critical habitat is defined by section 3 of the ESA as: (i) The 
specific areas within the geographical area occupied by the species, at 
the time it is listed, on which are found those physical or biological 
features (I) essential to the conservation of the species and (II) 
which may require special management considerations or protection; and 
(ii) specific areas outside the geographical area occupied by the 
species at the time it is listed upon a determination by the Secretary 
that such areas are essential for the conservation of the species. Our 
regulations at 50 CFR 424.12(a)(1) provide circumstances where the 
Secretary may determine that a designation would not be prudent. These 
include if: (1) The species is threatened by taking or other human 
activity and identification of critical habitat can be expected to 
increase the degree of such threat to the species; (2) the present or 
threatened destruction, modification, or curtailment of a species' 
habitat or range is not a threat to the species, or threats to the 
species' habitat stem solely from causes that cannot be addressed 
through management actions resulting from consultations under section 
7(a)(2) of the Act; (3) areas within the jurisdiction of the United 
States provide no more than negligible conservation value, if any, for 
a species occurring primarily outside the jurisdiction of the United 
States; (4) no areas meet the definition of critical habitat; or (5) 
the Secretary otherwise determines that designation of critical habitat 
would not be prudent based on the best scientific data available. We 
have determined that two of the circumstances noted above apply to the 
chambered nautilus: (1) There are no areas that meet the definition of 
critical habitat; and (2) the species occurs primarily outside of U.S. 
jurisdiction in the Indo-Pacific, and the area where it is found within 
U.S. waters (i.e., American Samoa) provides no more than negligible 
conservation value for the species, if any. An explanation of these 
determinations follows.

No Areas Meet the Definition of Critical Habitat

    Critical habitat under the ESA consists of specific areas upon 
which are found those physical or biological features essential to the 
conservation of the species and that may require special management 
considerations or protection. The ESA does not specifically define 
physical or biological features. However, court decisions and joint 
NMFS-U.S. Fish and Wildlife Service regulations at 50 CFR 424.02 
provide guidance on how physical or biological features are expressed. 
Specifically, these regulations state that the physical and biological 
features are those that occur in specific areas and that are essential 
to support the life-history needs of the species, including but not 
limited to, water characteristics, soil type, geological features, 
sites, prey, vegetation, symbiotic species, or other features. A 
feature may be a single habitat characteristic, or a more complex 
combination of habitat characteristics. Features may include habitat 
characteristics that support ephemeral or dynamic habitat conditions. 
Features may also be expressed in terms relating to principles of 
conservation biology, such as patch size, distribution distances, and 
connectivity (50 CFR 424.02). Furthermore, section 3 of the ESA (16 
U.S.C. 1532(3)) defines the terms ``conserve,'' ``conserving,'' and 
``conservation'' to mean to use and the use of all methods and 
procedures which are necessary to bring any endangered species or 
threatened species to the point at which the measures provided pursuant 
to this chapter are no longer necessary. For the chambered nautilus, we 
consider conservation to include the use of all methods and procedures 
necessary to bring the chambered nautilus to the point at which factors 
related to population ecology and vital rates indicate that the species 
is recovered in accordance with the definition of recovery in 50 CFR 
402.02. Important factors related to population ecology and vital rates 
include population size and trends, range, distribution, age structure, 
gender ratios, age-specific survival, age-specific reproduction, and 
lifetime reproductive success.
    As stated above, very little is known about the biology and ecology 
of

[[Page 5199]]

chambered nautiluses. They are found in deep-water habitats of the 
Indo-Pacific, occurring on steep coral reef drop-offs of fringing 
reefs, barrier reefs, and atolls (Dunstan et al. 2011c; CITES 2016). 
Their habitat is constrained by depth (with shell implosion around 800 
m) and temperature (<25 [deg]C). However, the features of the habitat, 
and the vertical distribution of the species, vary depending on the 
type of geological structure. For example, in Osprey Reef, an oceanic 
seamount in Australia, nautilus catch rate was highest below a steep 
rocky reef wall, along a gradually sloping silty substrate at 300-450 m 
depths (Dunstan et al. 2011b). Trapping studies conducted in Fiji 
showed highest catch rates below the steep barrier reef wall, around 
300 m depths, on muddy substrate (Dunstan et al. 2011c). In Tanon 
Strait, Philippines, constant catch rates were observed on a shallower 
muddy-silty bottom slope from 61-320 m depths, that connected a wide 
intertidal flat with a gently sloping floor comprised of dark gray silt 
(at 400-500 m depths) (Haven 1977).
    In general, many of the locations where nautiluses have been found 
(including Fiji, Philippines, Australia, and American Samoa) tend to 
share similar depth profiles--step drop-offs on the fore-reef slope 
that reach bottom depths within around 2 km (Dunstan et al. 2011c). 
However, while some of these locations contain large, extensive fore 
reef slopes adjacent to sources of land-based vegetation that create 
nutrient-rich mud and silt substrates on the slopes (e.g., Philippines, 
Indonesia), others may have much smaller (e.g., American Samoa) and/or 
steeper fore reef slopes that lack organic-rich benthic muds (e.g., 
Osprey Reef) (Ward et al. 2016). Underwater footage of nautiluses from 
Baited Remote Underwater Video Systems (BRUVS) also reveal a range of 
habitat types, from rocky, reef slopes to expansive sandy sea floors 
with few to no rocks or other distinguishing features (Barord 2015). 
Overall, the general habitat features of areas where nautiluses occur 
vary greatly by location and depends, in part, on the type of geologic 
structure that serves as the basis for the habitat--ranging from small, 
isolated seamounts to larger islands with steep reef drop-offs, wide 
outer barrier reefs, and gently sloping deep channels and straits 
(Dunstan et al. 2011c). However, not all areas that contain the above 
features (e.g., reefs with step drop-offs, steep slopes, and silty or 
muddy bottoms) are habitat to nautiluses (CITES 2016). In fact, the 
distribution of chambered nautiluses is sporadic and unpredictable 
throughout their range and also within their immediate area of 
occupancy (CITES 2016). Given our current limited understanding of 
nautilus habitat needs and requirements, the available information only 
provides a general description of habitat types where nautiluses occur 
and does not allow us to identify any potential features that are 
essential to the conservation of the species.
    In terms of supporting important life history functions, the 
available information does not indicate any physical or biological 
features that are essential for the reproduction or growth of the 
species. Neither mating nor egg laying has been observed in the wild 
for N. pompilius. Recently, Barord et al. (2019) documented potential 
mating behavior in N. belauensis in Palau based on observations of 
mating from previous laboratory and aquarium studies. Captured on video 
using BRUVS, the authors observed that mating tends to be a secondary 
behavior to the primary activity of feeding on the bait source (Barord 
et al. 2019). While the authors acknowledge that these behaviors may 
not have occurred without the attraction of the BRUVS, they also 
suggest that similar types of events (e.g., occurrences of large, 
decaying prey items on the sea floor) may likely be what attracts 
nautiluses to common locations to feed and potentially mate (Barord et 
al. 2019). No physical or biological features of the habitat, apart 
from the artificially-placed bait, were identified as supporting this 
mating or foraging behavior. Furthermore, there have been no 
observations of egg laying in wild nautilus populations (Dunstan et al. 
2011b). As such, habitat features, such as substrate requirements for 
egg deposition by nautiluses, or habitat conditions necessary for 
successful egg development or hatching in the wild, are presently 
unknown.
    In terms of juvenile habitat and habitat necessary to support 
growth, nautilus trapping and telemetry studies have shown no 
difference in vertical movement behavior or depth distribution within a 
particular location between immature, sub-adult, or adult individuals, 
indicating that there is likely no partitioning of habitat between 
juveniles and adults of the species (Dunstan et al. 2011c). While 
nautilus depth distribution does vary between locations (based on where 
catch rates are highest), Dunstan et al. (2011c) hypothesizes that this 
is likely driven by where the silty or muddy optimal feeding substrate 
can be found within that location for the nautilus. As mentioned 
previously, nautiluses are scavengers and, thus, are opportunistic 
feeders that forage on decaying prey items that have fallen to the sea 
bottom. While these prey items may be more easily accessible and 
locatable on sandy or muddy bottoms, the available information does not 
indicate that the presence of these types of substrate are essential 
for foraging purposes. Nor are there any specific habitat 
characteristics that appear to be intimately tied with feeding 
behavior. Also, as is typical of a scavenger, there does not appear to 
be a specific prey species that is required to be present in the 
nautilus habitat for successful foraging to occur. As such, we are 
unable to identify any particular physical or biological features of 
areas that serve as juvenile habitat or facilitate successful foraging 
and growth.
    Additionally, the general habitat characteristics described above 
are based on areas where nautiluses have been lured through baited 
traps (e.g., BRUVS). As such, the available information may not provide 
a complete picture of the habitat used by the chambered nautilus as we 
do not have a thorough understanding of where they go when they are not 
being lured by the scent of prey. As Barord (2015) remarks, further 
research is required in order to identify the preferred habitat type 
and species of prey of the nautilus, as well as to determine habitat 
features that may be associated with optimal foraging locations, egg 
deposition sites, or predator protection for the species. At this time, 
the available data do not indicate any physical or biological features 
of nautilus habitat that are essential for the conservation of the 
species, and, therefore, we cannot identify any areas that meet the 
definition of critical habitat.

Species Occurs Primarily Outside U.S. Jurisdiction, and Areas Within 
U.S. Jurisdiction Provide No More Than Negligible Conservation Value, 
if Any

    The known range of the chambered nautilus includes waters off 
Australia, Fiji, India, Indonesia, Malaysia, Papua New Guinea, 
Philippines, Solomon Islands, Vanuatu, and American Samoa, and it may 
also potentially occur in waters off China, Myanmar, Western Samoa, 
Thailand, and Vietnam (CITES 2016). Hence, the waters of American Samoa 
comprise only a very small portion of the known range of the chambered 
nautilus, which falls predominantly outside of U.S. jurisdiction.
    Additionally, there is no information to suggest that the waters of 
American Samoa provide any more than negligible conservation value to 
the species. The species was not even known to occur in these waters 
until researchers

[[Page 5200]]

discovered them in 1986 (Saunders et al. 1989). Prior to this, Saunders 
et al. (1989) report that there was no local knowledge of the living 
animal or its shells in American Samoa, and no word for ``nautilus'' in 
Samoan. The absence of drift shells and local awareness of the species 
suggests the population that occurs in these waters is likely very 
small. Barord et al. (2014) later confirmed this through use of BRUVS, 
photographing 22 nautiluses over 4 days, and estimating a population 
abundance at Taema Bank (American Samoa; 14[deg]19'19.57'' S, 
170[deg]38'57.78'' W) of 0.16 individuals/km\2\. The authors used 
average speed of the nautilus multiplied by video length to determine 
maximum distance traveled and calculate sampling area. The authors also 
note that the population measure may, in fact, be an overestimate, 
given the nautiluses' acute sense of olfaction and ability to locate 
food across significant distances as well as their depth-limited 
habitat (Barord et al. 2014). This population is significantly smaller 
than other non-fished populations elsewhere throughout the species' 
range that have higher estimated population abundances, including 
Osprey Reef, Australia (13.6-77.4 individuals/km\2\; Dunstan et al. 
2011a, Barord et al. 2014), the Great Barrier Reef, Australia (0.34-67 
individuals/km\2\; Combosch et al. 2017, Barord et al. 2014) and Beqa 
Passage, Fiji (0.21 individuals/km\2\; Barord et al. 2014). 
Additionally, Combosch et al. (2017) estimated rather large effective 
population sizes for nautiluses in the Indo-Pacific population (4.5 x 
10\6\ specimens; 3.2 x 10\6\ for the Philippines subpopulation) and in 
the Coral Sea (7.2 x 10\6\ for the Great Barrier Reef and 5.7 x 10\6\ 
for Papua New Guinea) compared to the South Pacific, with the American 
Samoan population, together with the Fiji population, at 0.41 x 10\6\ 
specimens.
    Within American Samoan waters, the species has only been captured 
from one location, Taema Bank. This area appears to comprise the 
easternmost extent of the range of the species. However, it is likely 
to contribute only negligible conservation value. As noted above, the 
available data do not indicate any physical or biological features or 
areas that are essential for the conservation of the species. Taema 
Bank makes up only a very small fraction of the entire range of the 
species and is located at the fringe of the species' distribution 
range. It contains habitat for a likely genetically and reproductively-
isolated population of chambered nautilus (Saunders 2010; Bonacum et 
al. 2011; Ward et al. 2016; Combosch et al. 2017). Given its isolation, 
both in terms of spatial structure and reproduction, the existence of 
this population may protect the species from total extinction (to an 
extent). However, the area, itself, is not considered essential for the 
conservation of the species. As stated previously, we consider 
conservation to include the use of all methods and procedures necessary 
to bring the chambered nautilus to the point at which factors related 
to population ecology and vital rates indicate that the species is 
recovered in accordance with the definition of recovery in 50 CFR 
402.02. The value of conserving this very limited habitat would be 
negligible as this population of N. pompilius would be unable to help 
colonize other areas in the event of catastrophic events or 
extirpations. There are no data to indicate that this habitat provides 
any connectivity to other potentially important habitat areas for the 
chambered nautilus. In fact, deep, largely unpassable waters for the 
chambered nautilus separate Taema Bank from Fiji and Vanuatu, the next 
closest locations where nautiluses are known to occur in the South 
Pacific. As such, it is unlikely that this habitat would provide much 
conservation value for other populations of nautiluses (outside of 
American Samoan waters) as they would be unable to easily access it.
    Additionally, there are no data to suggest that the American Samoan 
population is biologically significant to the taxon as a whole. As 
stated before, this population is likely reproductively isolated. There 
are no data to suggest this population is acting as part of any source-
sink population dynamics and thus affecting the species' abundance or 
broader distribution. There is also no evidence to indicate the 
population exhibits unique adaptations that could protect against 
changes in environmental conditions, with the exception of shell size 
and shell coloration (Ward et al. 2016), the importance of which is 
unknown at this point. Furthermore, Combosch et al. (2017) suggests 
this population may not even be N. pompilius but a new species of 
nautilus, which would preclude this area from designation.
    In summary, based on the above information, we find that the 
species occurs primarily outside of U.S. jurisdiction, and the habitat 
at Taemea Bank, in American Samoan waters, is not essential for the 
recovery of the species. In fact, a designation of critical habitat at 
Taema Bank would provide no more than negligible conservation value for 
the species because there are no data to suggest the habitat within 
American Samoa would provide any more than a negligible impact in 
bringing the chambered nautilus to the point at which factors related 
to population ecology and vital rates would indicate that the species 
is recovered throughout its range.

Unoccupied Areas

    Section 3(5)(A)(ii) of the ESA defines critical habitat to include 
specific areas outside the geographical area occupied by a threatened 
or endangered species at the time it is listed, if the areas are 
determined by the Secretary to be essential for the conservation of the 
species. Regulations at 50 CFR 424.12(b)(2) specify that we will 
designate as critical habitat specific areas outside the geographical 
area presently occupied by a species only upon a determination that 
such areas are essential for the conservation of the species. For an 
unoccupied area to be considered essential, we must determine that 
there is a reasonable certainty both that the area will contribute to 
the conservation of the species and that the area contains one or more 
of those physical or biological features essential to the conservation 
of the species. Our regulations at 50 CFR 424.12(g) also state that 
critical habitat will not be designated within foreign countries or in 
other areas outside of U.S. jurisdiction.
    Because we are unable to identify any physical or biological 
features of nautilus habitat that are essential to the conservation of 
the species, we cannot identify any unoccupied habitat that contains 
such features. Furthermore, due to the limited understanding of habitat 
use by the chambered nautilus, we cannot identify any unoccupied areas 
that have a reasonable certainty of contributing to the conservation of 
the species or are essential to the conservation of the species.

Critical Habitat Determination

    Given the best available information and the above analysis of this 
information, we find that there are no identifiable occupied areas 
under the jurisdiction of the United States that contain physical or 
biological features that are essential to the conservation of the 
species or unoccupied areas that are essential to the conservation of 
the species. Therefore, we conclude that there are no specific areas 
within the chambered nautilus' range and under U.S. jurisdiction that 
meet the definition of critical habitat. Additionally, we have 
determined that the chambered nautilus occurs primarily outside the 
jurisdiction of the United States, and the areas within the 
jurisdiction of the United States provide no more than negligible

[[Page 5201]]

conservation value, if any. Based on the above circumstances, per 50 
CFR 424.12(a)(1), we conclude that a designation of critical habitat is 
not prudent.
    Although we have made this ``not prudent'' determination, the areas 
occupied by chambered nautiluses under U.S. jurisdiction will continue 
to be subject to conservation actions implemented under section 7(a)(1) 
of the ESA, as well as consultation pursuant to section 7(a)(2) of the 
ESA for Federal activities that may affect the chambered nautilus, as 
determined on the basis of the best available information at the time 
of the action. Through the consultation process, we will continue to 
assess effects of Federal actions on the species and its habitat.
    Additionally, we remain committed to promoting the recovery of the 
chambered nautilus through both domestic and international efforts. As 
noted in the proposed and final rules (82 FR 48948, October 23, 2017; 
83 FR 48976, September 28, 2018, respectively), the most significant 
threat to the chambered nautilus is overutilization through commercial 
harvest to meet the demand for the international nautilus shell trade. 
The international nautilus shell trade has led to the serial depletion 
and extirpation of local nautilus populations and has been largely 
unregulated, particularly in Indonesia, Philippines, and China, despite 
some prohibitions. However, in October 2016, the member nations to 
CITES, including the United States, agreed to add all nautilus species 
to Appendix II of CITES (effective January 2017). This listing means 
increased protection for the chambered nautilus and other nautilus 
species, but still allows legal and sustainable trade. Export of 
nautilus products now requires CITES permits or re-export certificates 
that ensure the products were legally acquired and that the Scientific 
Authority of the State of export has advised that such export will not 
be detrimental to the survival of that species in the wild.
    We continue to evaluate the effectiveness of the CITES Appendix II 
listing of the chambered nautilus to determine whether there is a need 
for additional protective measures for the species. For example, we 
have preliminarily reviewed the information in the CITES Trade Database 
(https://trade.cites.org/) for the years since the nautilus listing 
went into effect. The CITES trade database shows that the United States 
imported 11,322 nautilus shells from the Philippines and 372 jewelry 
products containing nautilus shells from various countries (Mexico, 
Indonesia, and the Philippines) in 2017. In 2018, there were no 
reported imports of nautilus products into the United States and only 
trade in pre-convention specimens occurred. We will continue to monitor 
the CITES trade database as we evaluate the effectiveness of the CITES 
Appendix II listing.
    Additionally, the CITES Review of Significant Trade (defined in 
Resolution Conf. 12.8 (Rev. CoP13)) was designed to identify species 
that may be subject to unsustainable levels of international trade, and 
to identify problems and solutions concerning effective implementation 
of the Convention. As of October 2019, the chambered nautilus has not 
been identified by CITES as a species that may be subject to 
unsustainable levels of international trade (https://sigtrade.unep-wcmc.org/).
    We will continue to work towards the conservation and recovery of 
the chambered nautilus, both on a domestic and global level, including 
with our international partners. Specifically, we will work with the 
U.S. Fish and Wildlife Service to continue to monitor the CITES import 
and export requirements; evaluate CITES implementation for sustainable 
trade in the chambered nautilus; and monitor the status of the species 
to ensure that the chambered nautilus is conserved and can eventually 
be delisted from the ESA.

References

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

Authority

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

    Dated: January 23, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-01532 Filed 1-28-20; 8:45 am]
BILLING CODE 3510-22-P