[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 29973-29974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10274]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 070516104-7104-01; I.D. 042607C]
Endangered and Threatened Species; 90-Day Finding for a Petition
To List the Global Populations of Right Whales as a Single Species
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce
ACTION: Notice of 90-day petition finding.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, announce a 90-day finding regarding a petition to
list the global populations of right whales with the common name Black
Whale as a single species under the Endangered Species Act of 1973, as
amended (ESA). This action is required by section 4(b)(3)(A) of the
ESA. After review, we find the petition does not present substantial
scientific or commercial information indicating that the petitioned
action may be warranted.
DATES: This finding is effective immediately.
ADDRESSES: Copies of the petition are available upon request from the
Division Chief, NMFS, Office of Protected Resources, Endangered Species
Division, 1315 East-West Highway, Silver Spring, MD 20910-3226.
FOR FURTHER INFORMATION CONTACT: Marta Nammack, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910-3226, telephone (301)713-1401.
SUPPLEMENTARY INFORMATION:
Background
On March 8, 2007, we received a petition from GreenWorld to list
the global populations of right whales as a single species with the
common name Black Whale under the ESA. Copies of this petition are
available from NMFS (see ADDRESSES, above). GreenWorld filed the
petition following two proposed rules published by NMFS on December 27,
2006, to list the North Pacific Right Whale (71 FR 77694; December 27,
2006) and the North Atlantic Right Whale (71 FR 77704; December 27,
2006) as separate endangered species.
ESA Statutory Provisions
Pursuant to section 4(b)(3)(A) of the ESA, we are required to make
a finding on whether a petition to list, delist, or reclassify a
species presents substantial scientific or commercial information
indicating that the petitioned action may be warranted. To the maximum
extent practicable, this finding must be made within 90 days of receipt
of the petition. Our ESA implementing regulations define ``substantial
information'' as the amount of information that would lead a reasonable
person to believe that the measure proposed in the petition may be
warranted. In determining whether a petition contains substantial
information indicating that the petitioned action may be warranted, we
consider only information that is submitted with or referenced in the
petition or readily available in our files. We do not conduct
additional research. In making a finding, we consider whether the
petition: (i) clearly indicates the administrative measure recommended
and gives the scientific and any common name of the species involved;
(ii) 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; (iii) provides information regarding the status of the
species throughout all or a significant portion of its range; and (iv)
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)).
Analysis of Petition
For the reasons set forth below, the petition fails to present
substantial scientific and commercial information indicating that the
petitioned action may be warranted.
First, the petitioner fails to identify the scientific name of the
species and provides no documentation or bibliographic references
supporting the assertion that the global populations of right whales
should be listed as a single species. The petitioner claims there is no
scientific basis for listing the northern right whale as two species
and that NMFS has offered no analysis of
[[Page 29974]]
this listing in the Federal Register. However, information readily
available in our files indicates that the best available science
supports distinguishing the North Atlantic right whale (Eubalaena
glacialis), North Pacific right whale (Eubalaena japonica), and
southern right whale (Eubalaena australis) as three separate species
(Rosenbaum et al., 2000; Malik et al., 2000; Schaeff et al., 1997;
Gaines et al., 2005). Further, in 2000 the International Whaling
Commission's Scientific Committee recommended the North Atlantic, North
Pacific, and southern populations be considered separate species based
on the prevailing right whale taxonomy. Lastly, in 2006 we completed a
comprehensive status review of the northern right whale and concluded
the northern right whale exists as two separate species, the North
Atlantic right whale (E. glacialis) and the North Pacific right whale
(E. japonica) (NMFS, 2006). We cited this report in the Federal
Register in our proposed rules to list the North Pacific right whale
(71 FR 77694; December 27, 2006) and North Atlantic right whale (71 FR
77704; December 27, 2006) as endangered under the ESA. A copy of the
status review is also available at http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/rightwhale_northern.htm.
Second, the petitioner provides no information regarding the past
and present abundance, distribution, and threats faced by the species
in support of the assertion that the global populations of right whales
should be listed as a single species. Information readily available in
our files regarding the past and present abundance, distribution, and
threats faced by the right whales supports the listing of three
separate species. Our comprehensive review of the information regarding
the past and present abundance, distribution, and threats in the 2006
northern right whale review (NMFS, 2006) also supports the listing of
three separate species.
Third, the petitioner provides no information regarding the status
of the species throughout all or a significant portion of its range to
indicate the global populations of right whales should be listed as a
single species. Information readily available in our files regarding
the status of right whales supports the listing of three separate
species as endangered. Our comprehensive review of the information
regarding the status of right whales in the 2006 northern right whale
review (NMFS, 2006) also supports the listing of three separate
species.
Petition Finding
Based on our review, we find the petition does not present
substantial scientific or commercial information indicating the listing
of the global populations of right whales as a single species may be
warranted. As a result, we will not initiate a status review to
determine whether the petitioned action is warranted. We will continue
to fulfill our statutory obligations with regard to the conservation of
all listed species of right whales, and we encourage the public to
submit new information that will assist with these conservation
efforts.
References Cited
A complete list of all references is available upon request from
the Office of Protected Resources (see ADDRESSES).
Authority: The authority for this action is the ESA, as amended
(16 U.S.C. 1531 et seq.).
Dated: May 22, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-10274 Filed 5-29-07; 8:45 am]
BILLING CODE 3510-22-S