Endangered and Threatened Species; 90-Day Finding for a Petition To List the Global Populations of Right Whales as a Single Species, 29973-29974 [E7-10274]

Download as PDF Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices (59 FR 8686). The panel review in this matter was requested and terminated pursuant to these Rules. Dated: May 23, 2007. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E7–10284 Filed 5–29–07; 8:45 am] BILLING CODE 3510–GT–P These Rules were published in the Federal Register on February 23, 1994 (59 FR 8686). The panel review in this matter was requested and terminated pursuant to these Rules. Dated: May 23, 2007. Caratina L. Alston, United States Secretary, NAFTA Secretariat. [FR Doc. E7–10285 Filed 5–29–07; 8:45 am] BILLING CODE 3510–GT–P DEPARTMENT OF COMMERCE International Trade Administration DEPARTMENT OF COMMERCE North American Free Trade Agreement (NAFTA), Article 1904 Binational Panel Reviews: Notice of Consent Motion To Terminate Panel Review National Oceanic and Atmospheric Administration NAFTA Secretariat, United States Section, International Trade Administration, Department of Commerce. ACTION: Notice of Consent Motion to Terminate Panel Review of the Final Antidumping Determination Under Section 129 of the Uruguay Round Agreements Act made by the International Trade Administration, respecting Certain Softwood Lumber from Canada (Secretariat File No. USA– CDA–2005–1904–04). AGENCY: Pursuant to the Notice of Consent Motion to Terminate the Panel Review by the case participants, the panel review is terminated as of May 22, 2007. Pursuant to Rule 71(2) of the Rules of Procedure for Article 1904 Binational Panel Review, this panel review is terminated. FOR FURTHER INFORMATION CONTACT: Caratina L. Alston, United States Secretary, NAFTA Secretariat, Suite 2061, 14th and Constitution Avenue, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of the North American Free -Trade Agreement (‘‘Agreement’’) establishes a mechanism to replace domestic judicial review of final determinations in antidumping and countervailing duty cases involving imports from a NAFTA country with review by independent binational panels. When a Request for Panel Review is filed, a panel is established to act in place of national courts to review expeditiously the final determination to determine whether it conforms with the antidumping or countervailing duty law of the country that made the determination. Under Article 1904 of the Agreement, which came into force on January 1, 1994, the Government of the United States, the Government of Canada and the Government of Mexico established Rules of Procedure for Article 1904 Binational Panel Reviews (‘‘Rules’’). sroberts on PROD1PC70 with NOTICES SUMMARY: VerDate Aug<31>2005 19:13 May 29, 2007 Jkt 211001 [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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce ACTION: Notice of 90–day petition finding. AGENCY: 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. 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. ADDRESSES: 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 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 29973 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 E:\FR\FM\30MYN1.SGM 30MYN1 sroberts on PROD1PC70 with NOTICES 29974 Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Notices 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 https://www.nmfs.noaa.gov/pr/species/ mammals/cetaceans/ rightwhalelnorthern.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. VerDate Aug<31>2005 19:13 May 29, 2007 Jkt 211001 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 021607A] Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Conducting Air-to-Surface Gunnery Missions in the Gulf of Mexico National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of proposed issuance of an incidental take authorization; request for comments and information. AGENCY: SUMMARY: NMFS has received a request from Eglin Air Force Base (Eglin AFB), for renewal of an authorization to harass marine mammals, incidental to conducting air-to-surface (A-S) gunnery missions in the Gulf of Mexico (GOM). As a result of this request, NMFS is proposing to reissue a 1-year authorization to take marine mammals by Level B harassment incidental to this activity. Under the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an authorization to Eglin AFB to incidentally take, by harassment, several PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 species of cetaceans for a period of 1 year. DATES: Comments and information must be postmarked no later than June 29, 2007. ADDRESSES: Comments should be addressed to Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910–3226. The mailbox address for providing email comments on this action is PR1.021607A@noaa.gov. Comments sent via email, including all attachments, must not exceed a 10– megabyte file size. A copy of Eglin’s original 2003 application and its December, 2006 letter updating its request may be obtained by writing to this address, by telephoning the contact listed here (see FOR FURTHER INFORMATION CONTACT) and is also available at: https://www.nmfs.noaa.gov/ protlres/PR2/SmalllTake/ smalltakelinfo.htm#applications. A copy of the Final Programmatic Environmental Assessment (Final PEA) is available by writing to the Department of the Air Force, AAC/ EMSN, Natural Resources Branch, 501 DeLeon St., Suite 101, Eglin AFB, FL 32542–5133. FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301– 713–2289, ext 128. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and 101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 1361 et seq.)(MMPA) direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional taking of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. Permission may be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not (where relevant) have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined ‘‘negligible impact’’ in 50 CFR 216.103 as ’’...an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely E:\FR\FM\30MYN1.SGM 30MYN1

Agencies

[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 29973-29974]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10274]


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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 https://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

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