Endangered and Threatened Wildlife and Plants; Notice of Availability of Draft Recovery Plan for the Southwest Alaska Distinct Population Segment of the Northern Sea Otter, 62562-62564 [2010-25538]
Download as PDF
62562
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
the unique ability to quickly jettison
their spoils cargo and regain thousands
of tons of buoyancy. Therefore, the full
freeboard for unrestricted ocean
operation is unnecessary during
dredging operations. Permitting the
dredge to operate at a reduced freeboard
(i.e., to submerge its marks) under
relatively benign weather conditions
allows it to safely carry more spoils per
run, thereby increasing its efficiency.
Based on that consideration, there are
two special reduced freeboard
exemption regimes that have been
developed for qualified hopper dredges.
The first regime was established in
1989 for United States dredges operating
in domestic waters, when the Coast
Guard promulgated the ‘‘working
freeboard’’ load line regulations in 46
CFR 44.300 through 44.340. In order to
qualify for the reduced ‘‘working
freeboard’’ assignment, a dredge must
meet several design and equipment
requirements: intact and twocompartment damage stability, remote
draft indicators, ability to jettison spoils
under emergency conditions, etc. When
dredging at the reduced freeboard, it is
operationally restricted to locations
within 20 nautical miles from a place of
refuge, seas not exceeding 10 feet and
winds not exceeding 35 knots. Under
these conditions, the dredge can be
assigned a reduced ‘‘working freeboard’’
of 50% of its normal freeboard
assignment.
Several United States hopper dredges
have qualified for this domestic
‘‘working freeboard’’ assignment over the
20 years that the regime has been in
existence. The Coast Guard has now
reviewed this domestic regime and
determined that it is equally suitable for
international service. For purposes of
ICLL assignment, dredges that meet the
‘‘working freeboard’’ criteria of 46 CFR
44.300 embody ‘‘novel features’’ as
contemplated by ICLL Article 6(2)
(discussed above). When operated in
conjunction with appropriate weather
restrictions, they may safely operate at
the reduced freeboard. Therefore, in
accordance with the ICLL Article 6(2)
and 46 CFR 42.03–30, and on a case-bycase basis, the Coast Guard will
authorize an ICLL Exemption Certificate
that exempts the dredges from ICLL
Article 12, which otherwise prohibits
submersion of the load line marks.
DR–67 and DR–68
The second reduced freeboard regime
for hopper dredges was established in
2001 by a joint European working group
of classification societies, the dredging
industry, the shipbuilding industry, and
regulatory officials from Belgium,
France, Germany, the Netherlands, and
VerDate Mar<15>2010
17:43 Oct 08, 2010
Jkt 223001
the United Kingdom. Their exemption
regime is titled ‘‘Guidelines for the
Construction and Operation of Dredges
Assigned Reduced Freeboards,’’ but is
generally referred to as ‘‘DR–67.’’ Like
the United States ‘‘working freeboard’’
regime, DR–67 sets out similar design
and equipment requirements. However,
DR–67 differs from the United States
regime in that it is more flexible in its
weather restrictions, and can allow up
to a 66% reduction in freeboard under
sufficiently benign conditions.
The European working group has
revised and updated DR–67; the new
revision is referred to as ‘‘DR–68.’’ The
Coast Guard participated in this revision
effort to ensure that DR–68 is consistent
with United States safety concerns and
in order to provide United States dredge
operators with an alternative approach
for reduced freeboard assignment.
Therefore, in accordance with the ICLL
Article 6(2) and 46 CFR 42.03–30, and
on a case-by-case basis, the Coast Guard
will authorize an ICLL Exemption
Certificate that exempts the dredges
from ICLL Article 12, which otherwise
prohibits submersion of the load line
marks.
ICLL Equivalents for Hopper Dredges
and Barges: Hatch Covers
Ordinarily, load line regulations
require hatch openings to be closed by
weathertight hatch covers, since
conventional cargo ships cannot survive
extensive flooding of their cargo holds.
However, some open hopper vessels
(such as dredges, dump scows, etc.) can
be designed to maintain adequate
buoyancy and stability even with
flooded hoppers. For such vessels, this
stability characteristic provides an
equivalent level of safety to the hatch
covers; therefore, hatch covers are
unnecessary and may actually interfere
with other aspects of the vessel design.
In accordance with the ICLL Article 8
and 46 CFR 42.03–20, the Coast Guard
will, on a case-by-case basis, approve
equivalent arrangements from ICLL
Regulation 14 (requirement for hatch
covers).
Coast Guard Notifications to IMO
As required by the Convention, the
Coast Guard has already submitted the
requisite notifications to IMO. These
documents, as well as copies of DR–67
and DR–68, are posted on-line at:
https://www.regulations.gov (docket ID
number USCG–2010–0618).
Requesting Exemptions and
Equivalencies
Owners/operators of hopper dredges
or barges desiring an exemption or
equivalency using any of the above
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
three standards should contact their
load line issuing authority
(classification society), who will review
the vessel for compliance with the Coast
Guard’s criteria for the exemption or
equivalency. The classification society
will then make a recommendation to the
Coast Guard Naval Architecture
Division (CG–5212) for approval. The
mailing address is Commandant (CG–
5212), U.S. Coast Guard, 2100 2nd
Street, SW., Stop 7126, Washington, DC
20593–7126.
This notice is issued under authority
of 5 U.S.C. 552 and 46 U.S.C. 5108.
Dated: September 15, 2010.
J.G. Lantz,
Director, Office of Commercial Regulations
and Standards, U.S. Coast Guard.
[FR Doc. 2010–25500 Filed 10–8–10; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R7–ES–2010–N192; 70120–1113–
0000–C4]
Endangered and Threatened Wildlife
and Plants; Notice of Availability of
Draft Recovery Plan for the Southwest
Alaska Distinct Population Segment of
the Northern Sea Otter
Fish and Wildlife Service,
Interior.
ACTION: Notice of document availability
for review and public comment.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce the
availability of our draft recovery plan
for the southwest Alaska Distinct
Population Segment (DPS) of the
northern sea otter (Enydra lutris
kenyoni), listed as threatened under the
Endangered Species Act of 1973, as
amended (Act). Our recovery plan
describes the status, current
management, recovery objectives and
criteria, and specific actions needed to
enable us to delist the southwest Alaska
DPS. We request review and comment
on our plan from local, State, and
Federal agencies and the public. We
will also accept any new information on
the species’ status throughout its range.
DATES: We must receive written
comments on or before February 9,
2011. However, we will accept
information about any species at any
time.
ADDRESSES: Copies of the draft recovery
plan are available by request from the
U.S. Fish and Wildlife Service, Marine
Mammals Management Office, 1011 East
Tudor Road, Anchorage, AK 99503;
SUMMARY:
E:\FR\FM\12OCN1.SGM
12OCN1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices
telephone 907/786–3800; facsimile 907/
786–3816. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
An electronic copy of the draft recovery
plan is also available at: https://
alaska.fws.gov/fisheries/mmm/
seaotters/recovery.htm.
For how to submit comments, see
‘‘Request for Public Comments’’ under
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Douglas M. Burn, Wildlife Biologist, at
the above address or telephone number.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with NOTICES
Background
Recovery of endangered or threatened
animals and plants to the point where
they are again secure, self-sustaining
members of their ecosystems is a
primary goal of our endangered species
program and the Act (16 U.S.C. 1531 et
seq.). To help guide the recovery effort,
we are working to prepare recovery
plans for most listed species native to
the United States. The Act requires that
we develop recovery plans for listed
species, unless such a plan would not
promote the conservation of a particular
species, and that we provide public
notice and an opportunity for public
review and comment during recovery
plan development. Recovery plans
describe actions considered necessary
for the conservation and survival of the
species, establish criteria for
reclassifying or delisting listed species,
and estimate time and cost for
implementing needed recovery
measures.
We listed the southwest Alaska DPS
of the northern sea otter as threatened
on August 9, 2005 (70 FR 46366). For
description, taxonomy, distribution,
status, breeding biology and habitat, and
a summary of factors affecting the
species, please see the final listing rule.
Critical habitat was designated for this
DPS on October 8, 2009 (74 FR 51988).
The southwest Alaska population
ranges from Attu Island at the western
end of Near Islands in the Aleutians,
east to Kamishak Bay on the western
side of lower Cook Inlet, and includes
waters adjacent to the Aleutian Islands,
the Alaska Peninsula, the Kodiak
archipelago, and the Barren Islands (see
Figure 3 of the February 11, 2004,
Proposed Listing Rule; 69 FR 6605).
Within this range, sea otters generally
occur in nearshore, shallow waters less
than 100 meters (m) (328 ft) in depth.
This population experienced a rapid
decline in abundance of more than 50
percent since the late 1980s. At the time
of our 2005 final listing rule, we
VerDate Mar<15>2010
17:43 Oct 08, 2010
Jkt 223001
estimated that the DPS consisted of
approximately 42,000 sea otters.
The magnitude of the population
decline has varied over the range. In
some areas, numbers have declined by
more than an order of magnitude, while
in other areas no decline has been
detected. To address such differences,
this recovery plan identifies five
management units (MUs) within the
DPS: (1) Western Aleutian Islands; (2)
Eastern Aleutian Islands; (3) South
Alaska Peninsula; (4) Bristol Bay; and
(5) Kodiak, Kamishak, Alaska Peninsula.
The cause of the overall decline is not
known with certainty, but the weight of
evidence points to increased predation,
most likely by the killer whale (Orcinus
orca), as the most likely cause.
Predation is therefore considered a
threat to the recovery of this DPS;
however, other threats—including
infectious disease, biotoxins,
contaminants, oil spills, food limitation,
disturbance, bycatch in fisheries,
subsistence harvest, loss of habitat, and
illegal take—are also considered in this
recovery plan. Threats are summarized
in general, and their relative importance
is assessed for each of the five MUs.
Most threats are assessed to be of low
importance to recovery of the DPS; the
threats judged to be most important are
predation (moderate to high importance)
and oil spills (low to moderate
importance). Threats from subsistence
harvest, illegal take, and infectious
disease are assessed to be of moderate
importance in the Kodiak, Kamishak,
Alaska Peninsula MU, but of low
importance elsewhere.
The goal of the recovery program is to
control or reduce threats to the
southwest Alaska DPS of the northern
sea otter to the extent that this DPS no
longer requires the protections afforded
by the Act and therefore can be delisted.
To achieve this goal, the recovery plan
identifies three objectives: (1) Achieve
and maintain a self-sustaining
population of sea otters in each MU; (2)
maintain enough sea otters to ensure
that they are playing a functional role in
their nearshore ecosystem; and (3)
mitigate threats sufficiently to ensure
persistence of sea otters. Each of these
objectives includes explicit criteria to
determine if the objective has been met;
these are known as ‘‘delisting criteria.’’
They stipulate that in order for the DPS
to be removed from the Endangered and
Threatened Species List, at least three of
the five MUs must have met the
delisting criteria. Delisting should not
be considered, however, if any MU
meets the criteria specified for uplisting
to endangered. The plan also contains
criteria to determine if the DPS should
be considered for reclassification as
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
62563
endangered; these are known as
‘‘uplisting criteria.’’
Specific actions to achieve recovery
and delisting of the DPS are specified in
the recovery action outline and
narrative. As demographic
characteristics of the population
constitute one of the three types of
delisting criteria, population monitoring
and population modeling are high
priorities. Monitoring the status of the
kelp forest ecosystem in the Western
Aleutian and Eastern Aleutian MUs is
also a high priority, as results from such
monitoring will be needed to evaluate
the ecosystem-based delisting criteria.
Other high-priority actions include
identifying characteristics of sea otter
habitat, and ensuring that adequate oil
spill response capability exists in
southwest Alaska. As predation is
considered to be the most important
threat to recovery, additional research
on that topic is also a high priority. The
recovery implementation schedule
provides details regarding the timing,
cost, and agencies or entities
responsible for implementing each
recovery action. The full cost of
implementing this recovery plan over
the next 5 years is approximately $15M,
of which $2.815M is for Priority 1
actions. Securing adequate funding to
implement the plan is therefore also a
high priority.
Request for Public Comments
We request written comments on the
draft recovery plan. All comments
received by the date specified in DATES
will be considered prior to finalization
of this recovery plan. If you wish to
comment, you may submit your
comments and materials concerning this
recovery plan by one of these methods:
(1) You may submit written comments
and information by mail or facsimile or
in person to the Alaska Regional Office
at the above address (see ADDRESSES).
(2) You may send comments by
electronic mail (e-mail) to
r7_mmm_comment@fws.gov. Please
include your name and return address
in your e- mail message.
Comments and materials received, as
well as supporting documentation used
in preparation of the recovery plan, will
be available for inspection, during
normal business hours at the above
Anchorage address (see ADDRESSES).
We specifically seek comments on the
following:
(1) Biological, commercial trade, or
other relevant data concerning any
threat (or lack thereof) to the species;
(2) Additional information concerning
the range, distribution, and population
size of these species, including the
location of any additional populations;
E:\FR\FM\12OCN1.SGM
12OCN1
62564
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices
(3) Current or planned activities in the
subject area and their possible impacts
on these species; and
(4) The suitability and feasibility of
the recovery criteria, strategies, or
actions described in the draft recovery
plan.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: We developed our draft
recovery plan under the authority of section
4(f) of the Act, 16 U.S.C. 1533(f). We publish
this notice under section 4(f) Endangered
Species Act of 1973, as amended (16 U.S.C.
1531 et seq.).
Dated: September 8, 2010.
Gary Edwards,
Acting Regional Director, Alaska Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2010–25538 Filed 10–8–10; 8:45 am]
BILLING CODE 4310–55–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–740]
In the Matter of: Certain Toner
Cartridges and Components Thereof;
Notice of Investigation
U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
AGENCY:
Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on
August 20, 2010, under section 337 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1337, on behalf of Lexmark
International, Inc. of Lexington,
Kentucky. The complaint alleges
violations of section 337 based upon the
importation into the United States, the
sale for importation, and the sale within
the United States after importation of
certain toner cartridges and components
thereof by reason of infringement of
certain claims of U.S. Patent No.
5,337,032 (‘‘the ’032 patent’’); U.S.
Patent No. 5,634,169 (‘‘the ’169 patent’’);
U.S. Patent No. 5,758,233 (‘‘the ’233
patent’’); U.S. Patent No. 5,768,661 (‘‘the
’661 patent’’); U.S. Patent No. 5,802,432
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:43 Oct 08, 2010
Jkt 223001
(‘‘the ’432 patent’’); U.S. Patent No.
5,875,378 (‘‘the ’378 patent’’); U.S.
Patent No. 6,009,291 (‘‘the ’291 patent’’);
U.S. Patent No. 6,078,771 (‘‘the ’771
patent’’); U.S. Patent No. 6,397,015 (‘‘the
’015 patent’’); U.S. Patent No. 6,459,876
(‘‘the ’876 patent’’); U.S. Patent No.
6,816,692 (‘‘the ’692 patent’’); U.S.
Patent No. 6,871,031 (‘‘the ’031 patent’’);
U.S. Patent No. 7,139,510 (‘‘the ’510
patent’’); U.S. Patent No. 7,233,760 (‘‘the
’760 patent’’); U.S. Patent No. 7,305,204
(‘‘the ’204 patent’’). The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
exclusion order and cease and desist
orders.
ADDRESSES: The complaint, except for
any confidential information contained
therein, is available for inspection
during official business hours (8:45 a.m.
to 5:15 p.m.) in the Office of the
Secretary, U.S. International Trade
Commission, 500 E Street, SW., Room
112, Washington, DC 20436, telephone
202–205–2000. Hearing impaired
individuals are advised that information
on this matter can be obtained by
contacting the Commission’s TDD
terminal on 202–205–1810. Persons
with mobility impairments who will
need special assistance in gaining access
to the Commission should contact the
Office of the Secretary at 202–205–2000.
General information concerning the
Commission may also be obtained by
accessing its internet server at https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov.
FOR FURTHER INFORMATION CONTACT: Rett
Snotherly, Esq., Office of Unfair Import
Investigations, U.S. International Trade
Commission, telephone (202) 205–2599
Authority: The authority for
institution of this investigation is
contained in section 337 of the Tariff
Act of 1930, as amended, and in section
210.10 of the Commission’s Rules of
Practice and Procedure, 19 CFR 210.10
(2010).
Scope of Investigation: Having
considered the complaint, the U.S.
International Trade Commission, on
October 5, 2010, ordered that—
(1) Pursuant to subsection (b) of
section 337 of the Tariff Act of 1930, as
amended, an investigation be instituted
to determine whether there is a
violation of subsection (a)(1)(B) of
section 337 in the importation into the
United States, the sale for importation,
or the sale within the United States after
PO 00000
Frm 00067
Fmt 4703
Sfmt 4703
importation of certain toner cartridges
and components thereof that infringe
one or more of claim 1 of the ’032
patent; claims 1–3, 32, 33, 36, and 42 of
the ’169 patent; claims 1 and 2 of the
’233 patent; claims 1 and 2 of the ’661
patent; claims 1–3 of the ’432 patent;
claims 1, 2, and 14 of the ’378 patent;
claims 1 and 2 of the ’291 patent; claims
1, 2, 5, 6, 10, and 15 of the ’771 patent;
claims 1, 2, 7, 10, 11, 14, 15, 17, 22, and
24 of the ’015 patent; claims 1–3 and 28
of the ’876 patent; claim 1 of the ’692
patent; claims 1, 3, 5, 8, and 10 of the
’031 patent; claims 1 and 6 of the ’510
patent; claims 11, 12, and 14 of the ’760
patent; and claims 1, 7, 14, and 15 of the
’204 patent, and whether an industry in
the United States exists as required by
subsection (a)(2) of section 337;
(2) For the purpose of the
investigation so instituted, the following
are hereby named as parties upon which
this notice of investigation shall be
served:
(a) The complainant is:
Lexmark International, Inc., 740 W. New
Circle Road, Lexington, KY 40550.
(b) The respondents are the following
entities alleged to be in violation of
section 337, and are the parties upon
which the complaint is to be served:
Ninestar Image Co. Ltd., (a/k/a Ninestar
Technology Co., Ltd.), No. 63
Mingzhubei Road, Zhuhai 519075,
Guangdong, China.
Ninestar Image Int’l, Ltd., No. 63
Mingzhubei Road, Zhuhai 519075,
Guangdong, China.
Seine Image International Co. Ltd., Rm.
18, 9/F New Commercial Ctr., 9 on Lai
St, Sha Tin, New Territories, Hong
Kong.
Ninestar Technology Company, Ltd.,
150 Abbott Court, Piscataway, NJ
08854.
Ziprint Image Corporation, 19805
Harrison Avenue, Walnut, CA 91789.
Nano Pacific Corporation, 377 Swift
Avenue, South San Francisco, CA
94080.
IJSS Inc. (d/b/a TonerZone.com Inc. and
Inkjet Superstore), 1880 Century Park
East, #200, Los Angeles, CA 90067.
Chung Pal Shin (d/b/a Ink Master),
16635 Valley View, Cerritos, CA
90703.
Nectron International, Inc., 725 Park
Two Drive, Sugarland, TX 77478.
Quality Cartridges Inc., 162 44th Street,
Brooklyn, NY 11232.
Direct Billing International
Incorporated, (d/b/a Office Supply
Outfitter and d/b/a The Ribbon
Connection), 5910 Sea Lion Place,
Suite 100, Carlsbad, CA 92010.
E-Toner Mart, Inc., 1718 Potrero
Avenue, Suite #A, South El Monte,
CA 91733.
E:\FR\FM\12OCN1.SGM
12OCN1
Agencies
[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62562-62564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25538]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R7-ES-2010-N192; 70120-1113-0000-C4]
Endangered and Threatened Wildlife and Plants; Notice of
Availability of Draft Recovery Plan for the Southwest Alaska Distinct
Population Segment of the Northern Sea Otter
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of document availability for review and public comment.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the
availability of our draft recovery plan for the southwest Alaska
Distinct Population Segment (DPS) of the northern sea otter (Enydra
lutris kenyoni), listed as threatened under the Endangered Species Act
of 1973, as amended (Act). Our recovery plan describes the status,
current management, recovery objectives and criteria, and specific
actions needed to enable us to delist the southwest Alaska DPS. We
request review and comment on our plan from local, State, and Federal
agencies and the public. We will also accept any new information on the
species' status throughout its range.
DATES: We must receive written comments on or before February 9, 2011.
However, we will accept information about any species at any time.
ADDRESSES: Copies of the draft recovery plan are available by request
from the U.S. Fish and Wildlife Service, Marine Mammals Management
Office, 1011 East Tudor Road, Anchorage, AK 99503;
[[Page 62563]]
telephone 907/786-3800; facsimile 907/786-3816. If you use a
telecommunications device for the deaf (TDD), call the Federal
Information Relay Service (FIRS) at 800-877-8339. An electronic copy of
the draft recovery plan is also available at: https://alaska.fws.gov/fisheries/mmm/seaotters/recovery.htm.
For how to submit comments, see ``Request for Public Comments''
under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Douglas M. Burn, Wildlife Biologist,
at the above address or telephone number.
SUPPLEMENTARY INFORMATION:
Background
Recovery of endangered or threatened animals and plants to the
point where they are again secure, self-sustaining members of their
ecosystems is a primary goal of our endangered species program and the
Act (16 U.S.C. 1531 et seq.). To help guide the recovery effort, we are
working to prepare recovery plans for most listed species native to the
United States. The Act requires that we develop recovery plans for
listed species, unless such a plan would not promote the conservation
of a particular species, and that we provide public notice and an
opportunity for public review and comment during recovery plan
development. Recovery plans describe actions considered necessary for
the conservation and survival of the species, establish criteria for
reclassifying or delisting listed species, and estimate time and cost
for implementing needed recovery measures.
We listed the southwest Alaska DPS of the northern sea otter as
threatened on August 9, 2005 (70 FR 46366). For description, taxonomy,
distribution, status, breeding biology and habitat, and a summary of
factors affecting the species, please see the final listing rule.
Critical habitat was designated for this DPS on October 8, 2009 (74 FR
51988).
The southwest Alaska population ranges from Attu Island at the
western end of Near Islands in the Aleutians, east to Kamishak Bay on
the western side of lower Cook Inlet, and includes waters adjacent to
the Aleutian Islands, the Alaska Peninsula, the Kodiak archipelago, and
the Barren Islands (see Figure 3 of the February 11, 2004, Proposed
Listing Rule; 69 FR 6605). Within this range, sea otters generally
occur in nearshore, shallow waters less than 100 meters (m) (328 ft) in
depth. This population experienced a rapid decline in abundance of more
than 50 percent since the late 1980s. At the time of our 2005 final
listing rule, we estimated that the DPS consisted of approximately
42,000 sea otters.
The magnitude of the population decline has varied over the range.
In some areas, numbers have declined by more than an order of
magnitude, while in other areas no decline has been detected. To
address such differences, this recovery plan identifies five management
units (MUs) within the DPS: (1) Western Aleutian Islands; (2) Eastern
Aleutian Islands; (3) South Alaska Peninsula; (4) Bristol Bay; and (5)
Kodiak, Kamishak, Alaska Peninsula.
The cause of the overall decline is not known with certainty, but
the weight of evidence points to increased predation, most likely by
the killer whale (Orcinus orca), as the most likely cause. Predation is
therefore considered a threat to the recovery of this DPS; however,
other threats--including infectious disease, biotoxins, contaminants,
oil spills, food limitation, disturbance, bycatch in fisheries,
subsistence harvest, loss of habitat, and illegal take--are also
considered in this recovery plan. Threats are summarized in general,
and their relative importance is assessed for each of the five MUs.
Most threats are assessed to be of low importance to recovery of the
DPS; the threats judged to be most important are predation (moderate to
high importance) and oil spills (low to moderate importance). Threats
from subsistence harvest, illegal take, and infectious disease are
assessed to be of moderate importance in the Kodiak, Kamishak, Alaska
Peninsula MU, but of low importance elsewhere.
The goal of the recovery program is to control or reduce threats to
the southwest Alaska DPS of the northern sea otter to the extent that
this DPS no longer requires the protections afforded by the Act and
therefore can be delisted. To achieve this goal, the recovery plan
identifies three objectives: (1) Achieve and maintain a self-sustaining
population of sea otters in each MU; (2) maintain enough sea otters to
ensure that they are playing a functional role in their nearshore
ecosystem; and (3) mitigate threats sufficiently to ensure persistence
of sea otters. Each of these objectives includes explicit criteria to
determine if the objective has been met; these are known as ``delisting
criteria.'' They stipulate that in order for the DPS to be removed from
the Endangered and Threatened Species List, at least three of the five
MUs must have met the delisting criteria. Delisting should not be
considered, however, if any MU meets the criteria specified for
uplisting to endangered. The plan also contains criteria to determine
if the DPS should be considered for reclassification as endangered;
these are known as ``uplisting criteria.''
Specific actions to achieve recovery and delisting of the DPS are
specified in the recovery action outline and narrative. As demographic
characteristics of the population constitute one of the three types of
delisting criteria, population monitoring and population modeling are
high priorities. Monitoring the status of the kelp forest ecosystem in
the Western Aleutian and Eastern Aleutian MUs is also a high priority,
as results from such monitoring will be needed to evaluate the
ecosystem-based delisting criteria. Other high-priority actions include
identifying characteristics of sea otter habitat, and ensuring that
adequate oil spill response capability exists in southwest Alaska. As
predation is considered to be the most important threat to recovery,
additional research on that topic is also a high priority. The recovery
implementation schedule provides details regarding the timing, cost,
and agencies or entities responsible for implementing each recovery
action. The full cost of implementing this recovery plan over the next
5 years is approximately $15M, of which $2.815M is for Priority 1
actions. Securing adequate funding to implement the plan is therefore
also a high priority.
Request for Public Comments
We request written comments on the draft recovery plan. All
comments received by the date specified in DATES will be considered
prior to finalization of this recovery plan. If you wish to comment,
you may submit your comments and materials concerning this recovery
plan by one of these methods:
(1) You may submit written comments and information by mail or
facsimile or in person to the Alaska Regional Office at the above
address (see ADDRESSES).
(2) You may send comments by electronic mail (e-mail) to r7_mmm_comment@fws.gov. Please include your name and return address in your e-
mail message.
Comments and materials received, as well as supporting
documentation used in preparation of the recovery plan, will be
available for inspection, during normal business hours at the above
Anchorage address (see ADDRESSES).
We specifically seek comments on the following:
(1) Biological, commercial trade, or other relevant data concerning
any threat (or lack thereof) to the species;
(2) Additional information concerning the range, distribution, and
population size of these species, including the location of any
additional populations;
[[Page 62564]]
(3) Current or planned activities in the subject area and their
possible impacts on these species; and
(4) The suitability and feasibility of the recovery criteria,
strategies, or actions described in the draft recovery plan.
Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Authority: We developed our draft recovery plan under the
authority of section 4(f) of the Act, 16 U.S.C. 1533(f). We publish
this notice under section 4(f) Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: September 8, 2010.
Gary Edwards,
Acting Regional Director, Alaska Region, U.S. Fish and Wildlife
Service.
[FR Doc. 2010-25538 Filed 10-8-10; 8:45 am]
BILLING CODE 4310-55-P