Endangered and Threatened Species; Recovery Plans, 47538-47540 [2010-19475]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47538-47540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19475]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XX85


Endangered and Threatened Species; Recovery Plans

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

ACTION:  Notice of Availability; recovery plan for the fin whale.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
adoption of an Endangered Species Act (ESA) Recovery Plan for the Fin 
whale (Balaenoptera physalus). The Recovery Plan contains revisions and 
additions in consideration of public comments received on the proposed 
draft Recovery Plan for the fin whale.

ADDRESSES: Additional information about the Recovery Plans may be 
obtained by writing to Monica DeAngelis, National Marine Fisheries 
Service, Southwest Regional Office, Protected Resources Division, 501 
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802 or send an electronic 
message to Monica.DeAngelis@noaa.gov.
    Electronic copies of the Recovery Plan and a summary of NMFS' 
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/cetaceans/finwhale.htm.

FOR FURTHER INFORMATION CONTACT: Monica DeAngelis (562) 980-3232, e-
mail Monica.DeAngelis@noaa.gov.

SUPPLEMENTARY INFORMATION:

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' goal is to restore endangered fin whale (Balaenoptera 
physalus) populations to the point where they are again secure, self-
sustaining members of their ecosystems and no longer need the 
protections of the ESA.
    The fin whale was listed as an endangered species under the ESA on 
December 2, 1970 (35 FR 18319). Fin whales have a global distribution 
and can be found in the Atlantic and Pacific Oceans and the Southern 
Hemisphere. Although most populations were depleted by modern whaling 
in the mid-twentieth century, there are still tens of thousands of fin 
whales worldwide. Currently, the population structure of fin whales has 
not been adequately defined. Most models have assigned arbitrary 
boundaries, often based on patterns of historic whaling activity and 
catch reports, rather than on biological evidence. Populations are 
often divided on an ocean basin level. Since the Southern Ocean often 
refers only to waters surrounding Antarctica and fin whales occur not 
only in those waters but also in temperate waters, we refer to the 
geographic area for the fin whale

[[Page 47539]]

subspecies (Balaena physalus quoyi) as the Southern Hemisphere. 
Therefore, the Recovery Plan is organized, for convenience, by ocean 
basin and discussed in three sections: those fin whales in the North 
Atlantic Ocean, those in the North Pacific Ocean and its adjoining seas 
and gulfs, and those in the Southern Hemisphere, referring particularly 
to areas near Antarctica. There is a need for an improved understanding 
of the genetic differences among and between populations, in order to 
determine distinct population units. Although there is new information, 
existing knowledge of population structure remains poor. New 
information is currently insufficient to identify units that are both 
discrete and significant to the survival of the species.
    NMFS released the draft Recovery Plan and requested comments from 
the public on July 6, 2006 (71 FR 38385). A summary of comments and 
NMFS responses to comments are available electronically (see 
ADDRESSES). Concurrent with the public comment period, NMFS requested 
comments from three independent peer-reviewers. The peer-review comment 
period was extended for another 60 days after the public comment period 
was closed to allow peer-reviewers more time.
    The final Recovery Plan contains: (1) a comprehensive review of fin 
whale ecology, (2) a threats assessment, (3) biological and recovery 
criteria for downlisting and delisting, (4) actions necessary for the 
recovery of the species, (5) an implementation schedule, and (6) 
estimates of time and cost to recovery.
    The Recovery Plan presents a recovery strategy to address the 
potential threats based on the best available science and presents 
guidance for use by agencies and interested parties to assist in the 
recovery of the fin whale. The threats assessment ranked threats as 
either having a/an Unknown, Unknown but Potentially High, Low, Medium, 
or High relative impact to the recovery of fin whales. Ranking 
assignments were determined by an expert panel with contributions from 
reviewers. Following are the threat rankings relative to the recovery 
of the fin whale:
     Anthropogenic noise from ship noise, oil and gas 
exploration, and military sonar and explosives, and competition for 
resources were ranked as having an unknown impact
     Ship strikes and loss of prey base due to climate and 
ecosystem change or shifts in habitat were ranked as unknown but 
potentially high
     Fishery interactions (gillnet, trawl, pot/trap, purse 
seine, and longline), anthropogenic noise from coastal development, 
disturbance from whale watching and other vessels, contaminants and 
pollutants, disease, injury from marine debris, disturbance due to 
research, and predation and natural mortality were ranked as having a 
low impact; and
     Direct harvest was ranked as having a medium impact.
    No threats were identified as having a high impact relative to the 
recovery of the fin whale.
    The Recovery Plan identifies nine measures that need to be taken to 
ensure the recovery of fin whales in the North Atlantic, North Pacific, 
and Southern Hemisphere. Key elements of the proposed recovery program 
for this species are (1) coordinate state, Federal, and international 
actions to implement recovery efforts; (2) determine population 
discreteness and stock structure; (3) develop and apply methods to 
estimate population size and monitor trends in abundance; (4) conduct 
risk analyses; (5) identify and protect habitat important to fin whale 
survival and recovery; (6) identify causes and minimize human-caused 
injury and mortality; (7) determine and minimize any detrimental 
effects of anthropogenic noise in the oceans; (8) maximize efforts to 
acquire scientific information from dead, stranded, and entangled or 
entrapped fin whales; and (9) develop a post-delisting monitoring plan.
    Criteria for the reclassification of the fin whale are included in 
the final Recovery Plan. In summary, the fin whale may be reclassified 
from endangered to threatened when all of the following have been met: 
(1) given current and projected threats and environmental conditions, 
the overall fin whale population in each ocean basin in which it occurs 
(North Atlantic, North Pacific, and Southern Hemisphere) satisfies the 
risk analysis standard for threatened status (has no more than a 1 
percent chance of extinction in 100 years) and at least 500 mature, 
reproductive individuals remain (consisting of at least 250 mature 
females and at least 250 mature males). Mature is defined as the number 
of individuals known, estimated or inferred to be capable of 
reproduction. Any factors or circumstances that are thought to 
substantially contribute to a real risk of extinction that cannot be 
incorporated into a Population Viability Analysis will be carefully 
considered before downlisting takes place; and (2) none of the known 
threats to fin whales (summarized in the five listing factors) are 
known to limit the continued growth of populations. Specifically, the 
factors in 4(a)(l) of the ESA are being or have been addressed. The 
population will be considered for delisting if all of the following can 
be met: (1) given current and projected threats and environmental 
conditions, the overall fin whale population in each ocean basin in 
which it occurs (North Atlantic, North Pacific, and Southern 
Hemisphere) satisfies the risk analysis standard for unlisted status 
(has less than a 10 percent probability of becoming endangered (has 
more than a 1 percent chance of extinction in 100 years) in 20 years). 
Any factors or circumstances that are thought to substantially 
contribute to a real risk of extinction that cannot be incorporated 
into a Population Viability Analysis will be carefully considered 
before delisting takes place, and (2) none of the known threats to fin 
whales (summarized in the five listing factors) are known to limit the 
continued growth of populations. Specifically, the factors in 4(a)(l) 
of the ESA are being or have been addressed.
    Time and cost for recovery actions are contained in the Recovery 
Plan. The recovery program for the fin whale will cost $225.42 million 
dollars for the first 5 fiscal years and $245.98 million dollars to 
full recovery, assuming recovery date of 2020 for the North Atlantic 
and North Pacific Ocean regions and 2030 for the Southern Hemisphere.
    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 
Recovery Plan concurrent with the public comment period. Independent 
peer-reviews were requested from three 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 Recovery 
Plan. New information, research results, and references that have 
become available since the draft Recovery Plan was released were also 
incorporated into the final Recovery Plan.

Conclusion

    NMFS revised the final Recovery Plan for the fin whale and 
evaluated all comments received by the public as well as independent 
peer-reviewers. NMFS concludes that the Recovery Plan meets the 
requirements of the ESA.

    Authority:  16 U.S.C. 1531 et seq.


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    Dated: August 2, 2010.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2010-19475 Filed 8-5-10; 8:45 am]
BILLING CODE 3510-22-S