NMFS announce a positive 90-day finding on a petition to list the smalltail shark (Carcharhinus porosus) as threatened or endangered under the ESA. The petitioner also requests that NMFS designate critical habitat. They find that the petition and information readily available in their files present substantial scientific or commercial information indicating that listing the smalltail shark as threatened or endangered may be warranted. Therefore, they are commencing a review of the status of the smalltail shark to determine whether listing under the ESA is warranted. To support a comprehensive status review, they are soliciting scientific and commercial data regarding this species. Scientific and commercial data pertinent to the petitioned action must be received by 24 July 2023. POC is Joe Heublein, NMFS Southeast Region, 727–209–596. (Federal Register 23 May 2023 [Proposed Rule] Pages 33075-33079).