Endangered and Threatened Species; Recovery Plans, 46966-46968 [E7-16600]

Download as PDF 46966 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices Comment 40: Use of Material-Specific Conversion Rate for FIBERBOARDMD, PAPEREDFIBERBOARDMD, and FIBERBOARDPACKING Comment 41: WOODPLUG—Clerical Error Allegation Comment 42: OKOUEMEVEMEER— Clerical Error Allegation VI. First Wood-Specific Issues Comment 43: Rescission of First Wood’s New Shipper Review is Consistent With Department Precedent VII. Guanqiu-Specific Issues Comment 44: HTS Classification for Plywood Comment 45: HTS Classification for MDF Comment 46: HTS Classification for Resin Comment 47: HTS Classification for Paint Comment 48: Surrogate Value Selection for Ocean Freight VIII. Starcorp-Specific Issues Comment 49: Total Labor Hour Consumption Comment 50: Market Economy Purchases, Wood Materials and Wood Screws Comment 51: Department’s Conduct at Verification Comment 52: Timing of Verification Outline Comment 53: Appropriateness of PlantSpecific versus Combined FOP Data and Valuation of the Appropriate Data Comment 54: Application of Partial Adverse Facts Available for CONNUMs Consisting of Sets and ‘‘Sold But Not Produced’’ Comment 55: Starcorp’s Financial Statements Comment 56: Raw Material Consumption Methodology Comment 57: Non-Wood Materials Comment 58: Valuation of Thinner Comment 59: Electricity Comment 60: Packing Materials Comment 61: Minor Corrections Comment 62: Application of Total Adverse Facts Available IX. Separate Rate Company-Specific Issues Comment 63: Separate-Rate Status for New Four Seas Comment 64: Separate-Rate Status for Winny and Triple J Comment 65: Separate-Rate Status for ZY Wooden/MY Trading [FR Doc. E7–16584 Filed 8–21–07; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration jlentini on PROD1PC65 with NOTICES Proposed Information Collection; Comment Request; Certification Requirements for NOAA’s Hydrographic Product Quality Assurance Program National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: ACTION: Notice. VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before October 22, 2007. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Direct all written comments to Diana Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to David Enabnit, 301– 71302770 x132, Dave.Enabnit@NOAA.gov. Dated: August 16, 2007. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. E7–16543 Filed 8–21–07; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 3510–JE–P ADDRESSES: I. Abstract The National Oceanic and Atmospheric Administration (NOAA) was mandated to develop and implement a quality assurance program under which the Administrator may certify privately-made hydrographic products. The Administrator fulfilled this mandate by establishing procedures by which hydrographic products are proposed for certification; by which standards and compliance tests are developed, adopted, and applied for those products; and by which certification is awarded or denied. These procedures are now 15 CFR part 996. The application and recordkeeping requirements at 15 CFR part 996 are basis for this collection of information. II. Method of Collection Paper applications and electronic reports are required from participants. Methods of submittal include mail, Internet, and facsimile transmission of paper forms. III. Data OMB Number: 0648–0507. Form Number: None. Type of Review: Regular submission. Affected Public: Business or other forprofit. Estimated Number of Respondents: 2. Estimated Time per Response: 4 hours. Estimated Total Annual Burden Hours: 24. Estimated Total Annual Cost to Public: $0. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XB42 Endangered and Threatened Species; Recovery Plans National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce. ACTION: Notice of availability; recovery plan and 5-year review for the Hawaiian monk seal. AGENCY: SUMMARY: The National Marine Fisheries Service (NMFS) announces the adoption of an Endangered Species Act (ESA) Recovery Plan (Recovery Plan) and 5-year review for the Hawaiian monk seal (Monachus schauinslandi). The Recovery Plan contains revisions and additions in consideration of public comments on the proposed draft Recovery Plan for the Hawaiian Monk Seal. This is the first 5-year review completed for the Hawaiian monk seal. ADDRESSES: Additional information about the Recovery Plan and 5-year review may be obtained by writing to Dr. Michelle Yuen, National Marine Fisheries Service, Pacific Islands Regional Office, Protected Resources Division, 1601 Kapiolani Boulevard Suite 1110, Honolulu, HI, 96814 or send an electronic message to michelle.yuen@noaa.gov. E:\FR\FM\22AUN1.SGM 22AUN1 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices Electronic copies of the Recovery Plan, the 5-year review, and a summary of NMFS’s response to public comments on the Recovery Plan are available online at the NMFS Office of Protected Resources website: www.nmfs.noaa.gov/ pr/species/mammals/pinnipeds/ hawaiianmonkseal.htm FOR FURTHER INFORMATION CONTACT: Michelle Yuen (808–944–2243), e-mail: michelle.yuen@noaa.gov. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES Recovery Plan Background Recovery plans describe actions considered necessary for the conservation and recovery of species listed under the Endangered Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The ESA requires that recovery plans incorporate (1) objective, measurable criteria that, when met, would result in a determination that the species is no longer threatened or endangered; (2) site-specific management actions necessary to achieve the plan’s goals; and (3) estimates of the time required and costs to implement recovery actions. The ESA requires the development of recovery plans for listed species unless such a plan would not promote the recovery of a particular species. NMFS’s goal is to restore the endangered Hawaiian monk seal population to the point where they are again secure, self-sustaining members of their ecosystem and no longer need the protections of the ESA. The Hawaiian monk seal has the distinction of being the only endangered marine mammal species whose entire range, historical and current, lies within the United States of America. The majority of the population of Hawaiian monk seals now occupies the northwestern Hawaiian Islands (NWHI) with six main breeding sub-populations. The species is also found in lower numbers in the main Hawaiian Islands (MHI), where the population size and range both appear to be expanding. The Hawaiian monk seal was listed as an endangered species under the ESA on November 23, 1976 (41 FR 51611). On April 30, 1986 (51 FR 16047), critical habitat was designated at all beach areas, lagoon waters, and ocean waters out to a depth of 10 fathoms around Kure Atoll, Midway, Pearl and Hermes Reef, Lisianski Island, Laysan Island, Gardner Pinnacles, French Frigate Shoals, Necker Island and Nihoa Island; critical habitat was extended to include Maro Reef and waters around all habitat out to the 20 fathom isobath on May 26, 1988. The best estimate of the total population size in 2006 is 1,202 seals. VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 The Recovery Plan was originally drafted by the Hawaiian Monk Seal Recovery Team at the request of the Assistant Administrator for Fisheries. The Recovery Team includes experts on marine mammals from the private sector, academia, and government, as well as experts on endangered species conservation. NMFS released the draft Recovery Plan and requested comments from the public on November 28, 2006 (71 FR 68801). A summary of comments and NMFS responses to comments are available electronically (see ADDRESSES). Concurrent with the public comment period, NMFS requested comments from four independent peer-reviewers. The final Recovery Plan contains: (1) a comprehensive review of the Hawaiian monk seal population distribution, life history, and habitat use, (2) a threats assessment, (3) conservation efforts, (4) biological and recovery criteria for downlisting and delisting, (5) actions necessary for the recovery of the species, (6) an implementation schedule, and (7) estimates of time and cost to recovery. The threats assessment includes three levels of threats: (1) Crucial (ongoing and apparent threat at most sites in the NWHI), (2) Serious (potential cause of localized threats), and (3) Moderate (localized impacts possible but not considered a serious or immediate threat). The crucial threats to Hawaiian monk seals are: food limitation, entanglement, and shark predation. The serious threats to Hawaiian monk seals are: infectious disease, habitat loss, fishery interaction, male aggression, and human interaction. Finally, the moderate threats to Hawaiian monk seals are: biotoxins, vessel groundings and contaminants. Criteria for the reclassification of the Hawaiian monk seal are included in the final Recovery Plan. In summary, Hawaiian monk seals may be reclassified from endangered to threatened when all of the following have been met: (1) aggregate numbers exceed 2,900 total individuals in the NWHI; (2) at least 5 of the 6 main subpopulation in the NWHI are above 100 individuals, and the MHI population is above 500; (3) the survivorship of females in each subpopulation in the NWHI and in the MHI is high enough that, in conjunction with the birth rates in each subpopulation, the calculated population growth rate for each subpopulation is not negative. The population will be considered for a delisting if the downlisting criteria continue to be met for 20 consecutive years without new crucial or serious threats being identified. Time and cost for recovery actions are contained in the PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 46967 final Recovery Plan. The recovery program will cost $35,915,000 for the first five fiscal years and $378,425,000 to full recovery assuming the best case scenario that the population could grow to the stipulated total population size in the NWHI within 12 years and that the stipulated numbers in the MHI could be reached within 34 years. In accordance with the 2003 Peer Review Policy as stated in Appendix R of the Interim Endangered and Threatened Species Recovery Planning Guidance, NMFS solicited independent peer-review on the draft Plan concurrent with the public comment period. Independent peer-reviews were requested from four scientists and managers with expertise in recovery planning, statistical analyses, fisheries, and marine mammals. Many of the recommendations that were made by the reviewers were addressed and provided in detail in the final plan. 5-year Review Background Section 4(c)(2)(A) of the ESA requires that NMFS conduct a review of listed species at least once every five years. On the basis of such reviews under section 4(c)(2)(B), NMFS will 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 5-year review considered 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 information include (A) species biology including, but not limited to, population trends, distribution, abundance, demographics, and genetics; (B) habitat conditions including, but not limited to, amount, distribution, and suitability; (C) conservation measures that have been implemented that benefit the species; (D) status and trends of threats; and (E) 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. NMFS E:\FR\FM\22AUN1.SGM 22AUN1 46968 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Notices concluded that the status of the Hawaiian monk seal remains ‘‘endangered’’. NMFS announced the initiation of the 5-year review and requested information from the public on January 22, 2007 (72 FR 2650). Information was received from the Ocean Conservancy and the Marine Mammal Commission. Conclusion NMFS revised the final Recovery Plan for the Hawaiian Monk Seal and evaluated all comments received by the public as well as independent peerreviewers. NMFS has also completed the first 5-year review for the Hawaiian Monk Seal based on public comments received and internal review. NMFS concludes that both the Recovery Plan and the 5-year review meet the requirements of the ESA. Dated: August 16, 2007. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E7–16600 Filed 8–21–07; 8:45 am] BILLING CODE 3510–22–S Dated: August 16, 2007. James Hyler, Acting Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of Management. DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests SUMMARY: jlentini on PROD1PC65 with NOTICES Federal Student Aid Department of Education. The Acting Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before October 22, 2007. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget (OMB) provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency’s ability to perform its statutory obligations. The Acting Leader, Information Management Case Services Team, Regulatory Information Management Services, Office of Management, publishes that notice AGENCY: VerDate Aug<31>2005 16:26 Aug 21, 2007 Jkt 211001 containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following: (1) Type of review requested, e.g. new, revision, extension, existing or reinstatement; (2) Title; (3) Summary of the collection; (4) Description of the need for, and proposed use of, the information; (5) Respondents and frequency of collection; and (6) Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Type of Review: Extension of a currently approved collection. Title: Federal Perkins Loan Program Regulations. Frequency: Annually. Affected Public: Not-for-profit institutions (primary), Individuals or households, Businesses or other forprofit. Reporting and Recordkeeping Hour Burden: Responses: 2,800,642. Burden Hours: 61,879. Abstract: Institutions of higher education make Perkins loans. Information is necessary in order to monitor a school’s reimbursement to its Perkins loan revolving fund, monitor how collection costs are charged to borrowers on rehabilitated loans and to monitor the assignment of defaulted Perkins loans to the Department. Requests for copies of the proposed information collection request may be accessed from https://edicsweb.ed.gov, by selecting the ‘‘Browse Pending Collections’’ link and by clicking on link number 3448. When you access the information collection, click on ‘‘Download Attachments’’ to view. Written requests for information should be addressed to U.S. Department of PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202–4700. Requests may also be electronically mailed to ICDocketMgr@ed.gov or faxed to 202– 245–6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to ICDocketMgr@ed.gov. Individuals who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339. [FR Doc. E7–16578 Filed 8–21–07; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services (OSERS); Overview Information; National Institute on Disability and Rehabilitation Research (NIDRR)— Small Business Innovative Research Program (SBIR)—Phase I Notice Inviting Applications for New Awards for Fiscal Year (FY) 2008. (Catalog of Federal Domestic Assistance (CFDA) Number: 84.133S–1.) Dates: Applications Available: August 22, 2007. Deadline for Transmittal of Applications: October 22, 2007. Full Text of Announcement I. Funding Opportunity Description Purpose of Program The purpose of this program is to stimulate technological innovation in the private sector, strengthen the role of small business in meeting Federal research or research and development (R/R&D) needs, increase the commercial application of the U.S. Department of Education (Department) supported research results, and improve the return on investment from federally funded research for economic and social benefits to the Nation. Note: This program is in concert with President George W. Bush’s New Freedom Initiative (NFI) and NIDRR’s Final LongRange Plan for FY 2005–2009 (Plan). The NFI can be accessed on the Internet at the following site: https://www.whitehouse.gov/ infocus/newfreedom. The Plan, which was published in the Federal Register on February 15, 2006 (71 FR Doc 8166), can be accessed on the Internet at the following site: https://www.ed.gov/about/ offices/list/osers/nidrr/policy.html. Through the implementation of the NFI and the Plan, NIDRR seeks to (1) E:\FR\FM\22AUN1.SGM 22AUN1

Agencies

[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 46966-46968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16600]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB42


Endangered and Threatened Species; Recovery Plans

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of availability; recovery plan and 5-year review for the 
Hawaiian monk seal.

-----------------------------------------------------------------------

SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
adoption of an Endangered Species Act (ESA) Recovery Plan (Recovery 
Plan) and 5-year review for the Hawaiian monk seal (Monachus 
schauinslandi). The Recovery Plan contains revisions and additions in 
consideration of public comments on the proposed draft Recovery Plan 
for the Hawaiian Monk Seal. This is the first 5-year review completed 
for the Hawaiian monk seal.

ADDRESSES: Additional information about the Recovery Plan and 5-year 
review may be obtained by writing to Dr. Michelle Yuen, National Marine 
Fisheries Service, Pacific Islands Regional Office, Protected Resources 
Division, 1601 Kapiolani Boulevard Suite 1110, Honolulu, HI, 96814 or 
send an electronic message to michelle.yuen@noaa.gov.

[[Page 46967]]

    Electronic copies of the Recovery Plan, the 5-year review, and a 
summary of NMFS's response to public comments on the Recovery Plan are 
available online at the NMFS Office of Protected Resources website: 
www.nmfs.noaa.gov/pr/species/mammals/pinnipeds/hawaiianmonkseal.htm

FOR FURTHER INFORMATION CONTACT: Michelle Yuen (808-944-2243), e-mail: 
michelle.yuen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Recovery Plan Background

    Recovery plans describe actions considered necessary for the 
conservation and recovery of species listed under the Endangered 
Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The ESA 
requires that recovery plans incorporate (1) objective, measurable 
criteria that, when met, would result in a determination that the 
species is no longer threatened or endangered; (2) site-specific 
management actions necessary to achieve the plan's goals; and (3) 
estimates of the time required and costs to implement recovery actions. 
The ESA requires the development of recovery plans for listed species 
unless such a plan would not promote the recovery of a particular 
species. NMFS's goal is to restore the endangered Hawaiian monk seal 
population to the point where they are again secure, self-sustaining 
members of their ecosystem and no longer need the protections of the 
ESA.
    The Hawaiian monk seal has the distinction of being the only 
endangered marine mammal species whose entire range, historical and 
current, lies within the United States of America. The majority of the 
population of Hawaiian monk seals now occupies the northwestern 
Hawaiian Islands (NWHI) with six main breeding sub-populations. The 
species is also found in lower numbers in the main Hawaiian Islands 
(MHI), where the population size and range both appear to be expanding. 
The Hawaiian monk seal was listed as an endangered species under the 
ESA on November 23, 1976 (41 FR 51611). On April 30, 1986 (51 FR 
16047), critical habitat was designated at all beach areas, lagoon 
waters, and ocean waters out to a depth of 10 fathoms around Kure 
Atoll, Midway, Pearl and Hermes Reef, Lisianski Island, Laysan Island, 
Gardner Pinnacles, French Frigate Shoals, Necker Island and Nihoa 
Island; critical habitat was extended to include Maro Reef and waters 
around all habitat out to the 20 fathom isobath on May 26, 1988. The 
best estimate of the total population size in 2006 is 1,202 seals.
    The Recovery Plan was originally drafted by the Hawaiian Monk Seal 
Recovery Team at the request of the Assistant Administrator for 
Fisheries. The Recovery Team includes experts on marine mammals from 
the private sector, academia, and government, as well as experts on 
endangered species conservation. NMFS released the draft Recovery Plan 
and requested comments from the public on November 28, 2006 (71 FR 
68801). A summary of comments and NMFS responses to comments are 
available electronically (see ADDRESSES). Concurrent with the public 
comment period, NMFS requested comments from four independent peer-
reviewers.
    The final Recovery Plan contains: (1) a comprehensive review of the 
Hawaiian monk seal population distribution, life history, and habitat 
use, (2) a threats assessment, (3) conservation efforts, (4) biological 
and recovery criteria for downlisting and delisting, (5) actions 
necessary for the recovery of the species, (6) an implementation 
schedule, and (7) estimates of time and cost to recovery. The threats 
assessment includes three levels of threats: (1) Crucial (ongoing and 
apparent threat at most sites in the NWHI), (2) Serious (potential 
cause of localized threats), and (3) Moderate (localized impacts 
possible but not considered a serious or immediate threat). The crucial 
threats to Hawaiian monk seals are: food limitation, entanglement, and 
shark predation. The serious threats to Hawaiian monk seals are: 
infectious disease, habitat loss, fishery interaction, male aggression, 
and human interaction. Finally, the moderate threats to Hawaiian monk 
seals are: biotoxins, vessel groundings and contaminants.
    Criteria for the reclassification of the Hawaiian monk seal are 
included in the final Recovery Plan. In summary, Hawaiian monk seals 
may be reclassified from endangered to threatened when all of the 
following have been met: (1) aggregate numbers exceed 2,900 total 
individuals in the NWHI; (2) at least 5 of the 6 main sub-population in 
the NWHI are above 100 individuals, and the MHI population is above 
500; (3) the survivorship of females in each subpopulation in the NWHI 
and in the MHI is high enough that, in conjunction with the birth rates 
in each subpopulation, the calculated population growth rate for each 
subpopulation is not negative. The population will be considered for a 
delisting if the downlisting criteria continue to be met for 20 
consecutive years without new crucial or serious threats being 
identified. Time and cost for recovery actions are contained in the 
final Recovery Plan. The recovery program will cost $35,915,000 for the 
first five fiscal years and $378,425,000 to full recovery assuming the 
best case scenario that the population could grow to the stipulated 
total population size in the NWHI within 12 years and that the 
stipulated numbers in the MHI could be reached within 34 years.
    In accordance with the 2003 Peer Review Policy as stated in 
Appendix R of the Interim Endangered and Threatened Species Recovery 
Planning Guidance, NMFS solicited independent peer-review on the draft 
Plan concurrent with the public comment period. Independent peer-
reviews were requested from four scientists and managers with expertise 
in recovery planning, statistical analyses, fisheries, and marine 
mammals. Many of the recommendations that were made by the reviewers 
were addressed and provided in detail in the final plan.

5-year Review Background

    Section 4(c)(2)(A) of the ESA requires that NMFS conduct a review 
of listed species at least once every five years. On the basis of such 
reviews under section 4(c)(2)(B), NMFS will 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 5-year review considered 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 
information include (A) species biology including, but not limited to, 
population trends, distribution, abundance, demographics, and genetics; 
(B) habitat conditions including, but not limited to, amount, 
distribution, and suitability; (C) conservation measures that have been 
implemented that benefit the species; (D) status and trends of threats; 
and (E) 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. NMFS

[[Page 46968]]

concluded that the status of the Hawaiian monk seal remains 
``endangered''.
    NMFS announced the initiation of the 5-year review and requested 
information from the public on January 22, 2007 (72 FR 2650). 
Information was received from the Ocean Conservancy and the Marine 
Mammal Commission.

Conclusion

    NMFS revised the final Recovery Plan for the Hawaiian Monk Seal and 
evaluated all comments received by the public as well as independent 
peer-reviewers. NMFS has also completed the first 5-year review for the 
Hawaiian Monk Seal based on public comments received and internal 
review. NMFS concludes that both the Recovery Plan and the 5-year 
review meet the requirements of the ESA.

    Dated: August 16, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E7-16600 Filed 8-21-07; 8:45 am]
BILLING CODE 3510-22-S