Endangered and Threatened Species; Petition to Initiate Emergency Rulemaking to Prevent the Extinction of the North Atlantic Right Whale; Final Determination, 56884-56885 [05-19372]
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56884
Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules
a monophyletic clade; depending on the
study or analysis method, specimens
from northern Utah, central Utah, and
western Wyoming group with the SRMP
(Goebel 1996, 1999, 2000, 2003, 2005).
The lack of observed monophyly may be
due to poor resolution that additional
samples and sequence data might
improve (Goebel 1999, 2000). It may
also suggest that toads in the SRMP are
very closely related to nearby
populations due to recent (in geologic
time) geographic isolation of the SRMP
(Goebel 1999). While the current
mitochondrial DNA data suggest the
existence of diverging evolutionary
lineages in the Bufo boreas group, the
toads appear to be so closely related that
interbreeding would likely produce
viable offspring (Goebel 2003).
The close relationships between the
SRMP and nearby populations may also
be due to the retention of ‘‘old’’
haplotypes from lineage sorting (Goebel
1999, 2000). From a phylogenetic
viewpoint the entire mitochondrial
DNA genome constitutes a single locus
inherited as a linked unit (Avise 2000).
Therefore, analyses based on the
mitochondrial genome could produce
patterns that represent the gene’s
lineage, but not necessarily the true
evolutionary direction of the species.
For this reason, when analyzing the
historical relationships among taxa it is
prudent to compare phylogenetic
hypotheses from both mitochondrial
data and nuclear data (which represent
a large number of loci).
Studies of the Bufo boreas group
using nuclear DNA data have been
performed, but the results were affected
by small sample sizes from some
localities and exclusion of samples due
to missing data (Goebel 1999, 2000).
When later analyses were performed
with additional samples, a nuclear DNA
clade containing the SRMP was
identified, but it included specimens
from western Wyoming localities
geographically separated from the SRMP
(Goebel 2003).
We believe that additional nuclear
(e.g. micro satellite) DNA data and
supplemental mitochondrial DNA
sequence data are necessary to clarify
the genetic relationships within and
between boreal toad populations,
including the SRMP segment and others
in the Rocky Mountains. The multiagency Team also recommends
additional studies, on the grounds that
genetic distinctions between SRMP
toads and nearby toad populations are
based on data from too few specimens
(Loeffler 2001). After considering the
best available information, we cannot
conclude that the SRMP differs
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15:11 Sep 28, 2005
Jkt 205001
markedly from other boreal toad
populations in genetic characteristics.
In conclusion, we determine that the
SRMP, as currently described, does not
meet the significance criteria of our DPS
policy. As such, the SRMP does not
qualify as a distinct population segment.
Therefore, it is not a listable entity
under the ESA. Based on this
determination, we withdraw the SRMP
from the candidate list.
We will accept additional information
and comments from all concerned
governmental agencies, the scientific
community, industry, or any other
interested party concerning this finding.
We will reconsider this determination
in the event that new information
indicates that the SRMP is significant.
References
A complete list of all references cited
herein is available upon request from
the Grand Junction, Colorado Office,
U.S. Fish and Wildlife Service (see
ADDRESSES).
Author
The primary author of this finding is
Larry Thompson, Grand Junction,
Colorado Office, U.S. Fish and Wildlife
Service (see ADDRESSES).
Authority: The authority for this action is
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
Dated: September 20, 2005.
Marshall P. Jones, Jr.,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 05–19488 Filed 9–28–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 224
[I.D. 081605A]
Endangered and Threatened Species;
Petition to Initiate Emergency
Rulemaking to Prevent the Extinction
of the North Atlantic Right Whale; Final
Determination
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; response to petition;
final determination.
AGENCY:
SUMMARY: NMFS received a petition
dated May 19, 2005 co-signed by
Defenders of Wildlife, International
Fund for Animal Welfare, International
Wildlife Coalition, National
Environmental Trust, Natural Resources
PO 00000
Frm 00027
Fmt 4702
Sfmt 4702
Defense Council, Oceana, The Humane
Society of the United States, The Ocean
Conservancy, and Whale and Dolphin
Conservation Society, requesting that
NMFS ‘‘promulgate emergency
regulations, within sixty days, to slow
and/or re-route vessels within right
whale habitat, as a means of protecting
the species until such time as
permanent measures can be enacted.
Such emergency regulations should
require all ships entering and leaving all
major East Coast ports to travel at
speeds of 12 knots or less within 25
nautical miles of port entrances during
expected right whale high-use periods.’’
NMFS has determined that the petition
is not warranted at this time.
ADDRESSES: Further information on the
North Atlantic Right Whale program can
be found on NMFS’ internet websites at
www.nmfs.noaa.gov/pr/shipstrike/ and
at www.nero.noaa.gov/shipstrike/.
Comments and requests for copies of
this determination should be addressed
to the Chief, Marine Mammal and Turtle
Conservation Division, Office of
Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT: P.
Michael Payne; Phone: 301–713–2322;
Fax: 301–427–2522.
SUPPLEMENTARY INFORMATION:
Background
The North Atlantic right whale,
Eubalaena glacialis, is considered one
of the most endangered large whale
populations in the world. Right whales
have been listed as endangered under
the Endangered Species Act (ESA) since
its passage in 1973 (35 FR 8495, June 2,
1970). Although precise estimates of
abundance are not available, it appears
that the eastern North Atlantic
population is nearly extinct and the
western North Atlantic population
numbers approximately 300 whales.
The status of North Atlantic right
whales is a very serious issue for NMFS.
While calf production has increased
somewhat in recent years, recovery is
seriously affected by fatalities and
serious injury resulting from human
activities, primarily from entanglement
in fishing gear and collisions with ships.
NMFS has been working with state
and other Federal agencies, concerned
citizens and citizen groups,
environmental organizations, and the
shipping industry to address the
ongoing threat of ship strikes to North
Atlantic right whales as part of its
responsibilities related to right whale
recovery. NMFS has established a right
whale ship strike reduction program,
that includes among other things, aerial
E:\FR\FM\29SEP1.SGM
29SEP1
Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules
surveys to notify mariners of right whale
sighting locations; the operation of
Mandatory Ship Reporting systems to
provide information to mariners
entering right whale habitat; interagency
collaboration to address the threat; and
consultations under section 7 of the
ESA.
NMFS has developed a multi year,
wide-ranging Ship Strike Reduction
Strategy. The draft Strategy was
published as an Advance Notice of
Proposed Rulemaking (ANPR) (69 FR
30857, June 1, 2004), and a series of
public meetings were held on the
ANPR. NMFS is currently analyzing its
various measures and alternatives. A
Notice of Intent to prepare a Draft
Environmental Impact Statement under
the National Environment Policy Act
has been published (70 FR 36121, June
22, 2005), and this analysis is
underway. The draft Strategy and its
alternatives identify a set of protective
measures that include proposed routing
changes and ship speed restrictions
along the eastern seaboard.
Final Determination of Petition
NMFS acknowledges the receipt of
the petition for emergency rulemaking.
As noted above, NMFS is in the process
of analyzing a broad draft ship strike
reduction strategy that includes
potential operational measures such as
routing changes and ship speed
VerDate Aug<31>2005
15:11 Sep 28, 2005
Jkt 205001
restrictions along the eastern seaboard.
Promulgating a separate 12–knot speed
limit, at this time, would curtail full
public notice, comment and
environmental analysis, duplicate
agency efforts and reduce agency
resources for a more comprehensive
strategy, as well as risk delaying
implementation of the draft Strategy.
Instead of imposing measures in
piecemeal fashion, NMFS continues to
believe that putting a comprehensive
strategy in place is the best course of
long-term action.
NMFS is enhancing its non-regulatory
measures to reduce ship strikes and will
proceed with analysis and rulemaking
to implement specific regulatory
measures of the comprehensive ship
strike reduction strategy in the coming
months.
NMFS will continue to work with
other Federal agencies, especially with
regard to completing or initiating further
consultations under section 7(a) of the
ESA. The intent of these informal and
formal discussions is to ensure that
routine vessel operations, or special
activities involving vessels, are not
likely to jeopardize the continued
existence of right whales or destroy or
adversely modify right whale critical
habitat.
As part of the draft Strategy, the U.S.
Coast Guard (USCG) is conducting Port
Access Route Studies (70 FR 8312,
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
56885
February 18, 2005) on two routing
changes (one in Cape Cod Bay, and one
in right whale critical habitat in waters
off Florida and Georgia). The USCG
analysis will assess potential
navigational problems should the routes
be imposed. The USCG is required to
provide its recommendations on the
proposed routes in a report to Congress
by early 2006.
In the meantime, NMFS is also
issuing information on right whales,
their vulnerability to ship strikes, and
advisories to ships to slow to 12 knots
or less when transiting areas occupied
by right whales on NOAA Weather
Radio broadcasts, as well as issuing the
same information in revisions to the
U.S. Coast Pilots and other mariner
navigational aides. Moreover, NMFS has
increased efforts to educate mariners on
steps they can take to reduce the
likelihood of a ship strike.
Authority
The authority for this action is 5
U.S.C. 555(e) and 16 U.S.C. 1531, et seq.
Dated: September 22, 2005.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 05–19372 Filed 9–28–05; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\29SEP1.SGM
29SEP1
Agencies
[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Proposed Rules]
[Pages 56884-56885]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19372]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[I.D. 081605A]
Endangered and Threatened Species; Petition to Initiate Emergency
Rulemaking to Prevent the Extinction of the North Atlantic Right Whale;
Final Determination
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; response to petition; final determination.
-----------------------------------------------------------------------
SUMMARY: NMFS received a petition dated May 19, 2005 co-signed by
Defenders of Wildlife, International Fund for Animal Welfare,
International Wildlife Coalition, National Environmental Trust, Natural
Resources Defense Council, Oceana, The Humane Society of the United
States, The Ocean Conservancy, and Whale and Dolphin Conservation
Society, requesting that NMFS ``promulgate emergency regulations,
within sixty days, to slow and/or re-route vessels within right whale
habitat, as a means of protecting the species until such time as
permanent measures can be enacted. Such emergency regulations should
require all ships entering and leaving all major East Coast ports to
travel at speeds of 12 knots or less within 25 nautical miles of port
entrances during expected right whale high-use periods.'' NMFS has
determined that the petition is not warranted at this time.
ADDRESSES: Further information on the North Atlantic Right Whale
program can be found on NMFS' internet websites at www.nmfs.noaa.gov/
pr/shipstrike/ and at www.nero.noaa.gov/shipstrike/. Comments and
requests for copies of this determination should be addressed to the
Chief, Marine Mammal and Turtle Conservation Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT: P. Michael Payne; Phone: 301-713-2322;
Fax: 301-427-2522.
SUPPLEMENTARY INFORMATION:
Background
The North Atlantic right whale, Eubalaena glacialis, is considered
one of the most endangered large whale populations in the world. Right
whales have been listed as endangered under the Endangered Species Act
(ESA) since its passage in 1973 (35 FR 8495, June 2, 1970). Although
precise estimates of abundance are not available, it appears that the
eastern North Atlantic population is nearly extinct and the western
North Atlantic population numbers approximately 300 whales. The status
of North Atlantic right whales is a very serious issue for NMFS. While
calf production has increased somewhat in recent years, recovery is
seriously affected by fatalities and serious injury resulting from
human activities, primarily from entanglement in fishing gear and
collisions with ships.
NMFS has been working with state and other Federal agencies,
concerned citizens and citizen groups, environmental organizations, and
the shipping industry to address the ongoing threat of ship strikes to
North Atlantic right whales as part of its responsibilities related to
right whale recovery. NMFS has established a right whale ship strike
reduction program, that includes among other things, aerial
[[Page 56885]]
surveys to notify mariners of right whale sighting locations; the
operation of Mandatory Ship Reporting systems to provide information to
mariners entering right whale habitat; interagency collaboration to
address the threat; and consultations under section 7 of the ESA.
NMFS has developed a multi year, wide-ranging Ship Strike Reduction
Strategy. The draft Strategy was published as an Advance Notice of
Proposed Rulemaking (ANPR) (69 FR 30857, June 1, 2004), and a series of
public meetings were held on the ANPR. NMFS is currently analyzing its
various measures and alternatives. A Notice of Intent to prepare a
Draft Environmental Impact Statement under the National Environment
Policy Act has been published (70 FR 36121, June 22, 2005), and this
analysis is underway. The draft Strategy and its alternatives identify
a set of protective measures that include proposed routing changes and
ship speed restrictions along the eastern seaboard.
Final Determination of Petition
NMFS acknowledges the receipt of the petition for emergency
rulemaking. As noted above, NMFS is in the process of analyzing a broad
draft ship strike reduction strategy that includes potential
operational measures such as routing changes and ship speed
restrictions along the eastern seaboard. Promulgating a separate 12-
knot speed limit, at this time, would curtail full public notice,
comment and environmental analysis, duplicate agency efforts and reduce
agency resources for a more comprehensive strategy, as well as risk
delaying implementation of the draft Strategy. Instead of imposing
measures in piecemeal fashion, NMFS continues to believe that putting a
comprehensive strategy in place is the best course of long-term action.
NMFS is enhancing its non-regulatory measures to reduce ship
strikes and will proceed with analysis and rulemaking to implement
specific regulatory measures of the comprehensive ship strike reduction
strategy in the coming months.
NMFS will continue to work with other Federal agencies, especially
with regard to completing or initiating further consultations under
section 7(a) of the ESA. The intent of these informal and formal
discussions is to ensure that routine vessel operations, or special
activities involving vessels, are not likely to jeopardize the
continued existence of right whales or destroy or adversely modify
right whale critical habitat.
As part of the draft Strategy, the U.S. Coast Guard (USCG) is
conducting Port Access Route Studies (70 FR 8312, February 18, 2005) on
two routing changes (one in Cape Cod Bay, and one in right whale
critical habitat in waters off Florida and Georgia). The USCG analysis
will assess potential navigational problems should the routes be
imposed. The USCG is required to provide its recommendations on the
proposed routes in a report to Congress by early 2006.
In the meantime, NMFS is also issuing information on right whales,
their vulnerability to ship strikes, and advisories to ships to slow to
12 knots or less when transiting areas occupied by right whales on NOAA
Weather Radio broadcasts, as well as issuing the same information in
revisions to the U.S. Coast Pilots and other mariner navigational
aides. Moreover, NMFS has increased efforts to educate mariners on
steps they can take to reduce the likelihood of a ship strike.
Authority
The authority for this action is 5 U.S.C. 555(e) and 16 U.S.C.
1531, et seq.
Dated: September 22, 2005.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 05-19372 Filed 9-28-05; 8:45 am]
BILLING CODE 3510-22-S