[Federal Register Volume 75, Number 65 (Tuesday, April 6, 2010)]
[Notices]
[Pages 17377-17378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7766]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XV19
Endangered and Threatened Species; Initiation of 5-Year Review
for Southern Resident Killer Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of initiation of 5-year review; request for information.
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SUMMARY: NMFS announces a 5-year review of Southern Resident killer
whales (Orcinus orca) under the Endangered Species Act of 1973, as
amended (ESA). A 5-year review is a periodic process conducted to
ensure that the listing classification of a species is accurate. A 5-
year review is based on the best scientific and commercial data
available at the time of the review; therefore, we are requesting
submission of any such information on Southern Resident killer whales
that has become available since their original listing as endangered in
November 2005. Based on the results of this 5-year review, we will make
the requisite finding under the ESA.
DATES: To allow us adequate time to conduct this review, we must
receive your information no later than July 6, 2010. However, we will
continue to accept new information about any listed species at any
time.
ADDRESSES: Please submit information on Southern Resident killer whales
to Lynne Barre, NMFS Northwest Region, 7600 Sand Point Way NE, Seattle,
WA 98115. Information may also be submitted via email to
[email protected]. Information received in response to this notice
will be available for public inspection by appointment, during normal
business hours, at the above address. We will consider all comments and
information received during the comment period in preparing a 5-year
review.
FOR FURTHER INFORMATION CONTACT: Lynne Barre, Northwest Regional
Office, 206-526-4745; or Susan Pultz, Office of Protected Resources,
301-713-1401.
SUPPLEMENTARY INFORMATION: Under the ESA, the U.S. Fish and Wildlife
Service maintains a list of endangered and threatened wildlife and
plant species at 50 CFR 17.11 (for animals) and 17.12 (for plants).
Section 4(c)(2)(A) of the ESA requires that we conduct a review of
listed species at least once every five years. On the basis of such
reviews under section 4(c)(2)(B), we determine whether or not any
species should be removed from the List (delisted), or reclassified
from endangered to threatened or from threatened to endangered.
Delisting a species must be supported by the best scientific and
commercial data available and only considered if such data
substantiates that the species is neither endangered nor threatened for
one or more of the following reasons: (1) the species is considered
extinct; (2) the species is considered to be recovered; and/or (3) the
original data available when the species was listed, or the
interpretation of such data, were in error. Any change in Federal
classification would require a separate rulemaking process. The
regulations in 50 CFR 424.21 require that we publish a notice in the
Federal Register announcing those species currently under active
review. This notice announces our active review of the Southern
Resident killer whale distinct population segment (DPS) currently
listed as endangered (70 FR 69903; November 18, 2005).
Background information on Southern Resident killer whales including
the endangered listing, critical habitat designation, recovery planning
and
[[Page 17378]]
protective regulations is available on the NMFS Northwest Region Web
site at http://www.nwr.noaa.gov/. Critical habitat was designated in
November 2006 (71 FR 69054) and includes 2,560 square miles (6,630 sq
km) of marine habitat in Haro Strait and waters around the San Juan
Islands, Puget Sound, and the Strait of Juan de Fuca. The final
Recovery Plan was released in January 2008 (73 FR 4176), and contains
detailed information on status, threats and recovery actions for
Southern Residents, including updates since the ESA listing in 2005.
Proposed regulations to protect Southern Resident killer whales from
vessel effects were released in July 2009 (74 FR 37674).
Determining if a Species is Threatened or Endangered
Section 4(a)(1) of the ESA requires that we determine whether a
species is endangered or threatened based on one or more of the five
following factors: (1) The present or threatened destruction,
modification, or curtailment of its habitat or range; (2)
overutilization for commercial, recreational, scientific, or
educational purposes; (3) disease or predation; (4) the inadequacy of
existing regulatory mechanisms; or (5) other natural or manmade factors
affecting its continued existence. Section 4(b) also requires that our
determination be made on the basis of the best scientific and
commercial data available after taking into account those efforts, if
any, being made by any State or foreign nation, to protect such
species.
Public Solicitation of New Information
To ensure that the 5-year review is complete and based on the best
available scientific and commercial information, we are soliciting new
information from the public, governmental agencies, Tribes, the
scientific community, industry, environmental entities, and any other
interested parties concerning the status of Southern Resident killer
whales. The 5-year review considers the best scientific and commercial
data and all new information that has become available since the
listing determination or most recent status review. Categories of
requested information include: (1) species biology including, but not
limited to, population trends, distribution, abundance, demographics,
and genetics; (2) habitat conditions including, but not limited to,
amount, distribution, and suitability; (3) conservation measures that
have been implemented that benefit the species; (4) status and trends
of threats; and (5) other new information, data, or corrections
including, but not limited to, taxonomic or nomenclatural changes,
identification of erroneous information contained in the List, and
improved analytical methods.
Any new information will be considered during the 5-year review and
will also be useful in evaluating the ongoing recovery program for
Southern Resident killer whales. For example, information on
conservation measures will assist in tracking implementation of
recovery actions. Habitat information received during the 5-year review
process will also be useful in any future consideration of amending the
designated critical habitat for Southern Resident killer whales. At the
time critical habitat was designated (71 FR 69054; November 26, 2006),
we concluded there was insufficient data to identify specific areas in
offshore waters in which essential habitat features are found and
stated we would consider any new information on coastal and offshore
habitats that becomes available.
If you wish to provide information for this 5-year review, you may
submit your information and materials to Lynne Barre (see ADDRESSES
section). Our practice is to make submissions of information, including
names and home addresses of respondents, available for public review on
the Northwest Regional Web page and in our office during regular
business hours. Respondents may request that we withhold a respondent's
identity, as allowable by law. If you wish us to withhold your name or
address, you must state this request prominently at the beginning of
your submission. We will not, however, consider anonymous submissions.
To the extent consistent with applicable law, we will make all
submissions from organizations or businesses, and from individuals
identifying themselves as representatives or officials of organizations
or businesses, available for public inspection in their entirety.
Information and materials received will be available for public
inspection, by appointment, during normal business hours (see ADDRESSES
section).
Authority: 16 U.S.C. 1531 et seq.
Dated: March 30, 2010.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010-7766 Filed 4-5-10; 8:45 am]
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