Endangered and Threatened Species; Recovery Plan for the North Pacific Right Whale, 4835-4836 [2013-01249]
Download as PDF
Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices
98115. Comments may also be
submitted by email to:
NEOregonFisheryPlans.nwr@noaa.gov.
Include in the subject line of the email
comment the following identifier:
Comments on Northeast Oregon Fishery
Plans. Comments may also be sent via
facsimile (fax) to (206) 526–6736.
Requests for copies of the documents
should be directed to the National
Marine Fisheries Services, Salmon
Management Division, 7600 Sand Point
Way NE., Seattle, WA 98115. The
documents are also available on the
Internet at www.nwr.noaa.gov.
Comments received will also be
available for public inspection, by
appointment, during normal business
hours by calling (503) 230–5418.
FOR FURTHER INFORMATION CONTACT:
˜
Enrique Patino at (206) 526–4655 or
email: enrique.patino@noaa.gov.
SUPPLEMENTARY INFORMATION:
Species Covered in This Notice
Chinook salmon (Oncorhynchus
tshawytscha): threatened, naturally
produced and artificially propagated
Snake River Spring/Summer-run.
Steelhead (O. mykiss): threatened,
naturally produced and artificially
propagated Snake River Basin.
wreier-aviles on DSK5TPTVN1PROD with
Background
Previously, NMFS had received
fishery management plans for fisheries
in tributaries of northeast Oregon. These
plans, submitted by the ShoshoneBannock Tribes, the Confederated
Tribes of the Umatilla Indian
Reservation, and the Oregon Department
of Fish and Wildlife were the subjects
of a draft environmental assessment and
associated documents provided for
public review and comment (76 FR
49735, August 11, 2011). Subsequent to
that 30-day comment period, on
February 17, 2012, NMFS received an
updated TRMP from the NPT,
addressing management of NPT
fisheries in the Grande Ronde and
Imnaha Rivers. NMFS also received an
updated FMEP from Oregon describing
inclusion of spring/summer Chinook
salmon fisheries in the Washington
State portion of the Grande Ronde River
to be managed by the Washington
Department of Fish and Wildlife on
April 24, 2012. NMFS received
additional comments clarifying aspects
of the proposed actions. NMFS prepared
a proposed evaluation of and pending
determination on the NPT fishery plan,
and updated the NMFS EA to
incorporate the additional information.
The FMEPs and TRMPs propose to
manage all spring/summer Chinook
salmon fisheries to achieve escapement
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15:22 Jan 22, 2013
Jkt 229001
objectives. The FMEPs and TRMPs
utilize a harvest rate with five tiers
based on predicted adult abundance to
each of the affected populations. The
majority of the harvest is anticipated to
come from hatchery-origin stocks. The
FMEPs and TRMPs also describe a
process to guide coordination of fishery
design and implementation between the
agencies implementing fisheries in the
action area.
As required by the ESA 4(d) Rule for
Tribal Plans (65 FR 42481, July 10, 2000
[50 CFR 223.209]), the Secretary must
determine pursuant to 50 CFR 223.209
and pursuant to the government-togovernment processes therein whether
the TRMPs for fisheries in Northeast
Oregon would appreciably reduce the
likelihood of survival and recovery of
Snake River spring/summer and Snake
River Basin steelhead. The Secretary
must take comments on his pending
determination as to whether the TRMPs
address the criteria in the Tribal 4(d)
Rule and in § 223.203(b)(4).
As specified in § 223.203(b)(4) of the
ESA 4(d) Rule, NMFS may approve an
FMEP if it meets criteria set forth in
§ 223.203(b)(4)(i)(A) through (I). Prior to
final approval of an FMEP, NMFS must
publish notification announcing its
availability for public review and
comment.
NEPA requires Federal agencies to
conduct an environmental analysis of
their proposed actions to determine if
the actions may affect the human
environment. NMFS expects to take
action on three ESA section 4(d) TRMPs
and two ESA section 4(d) FMEPs.
Therefore, NMFS is seeking public
input on the scope of the required NEPA
analysis with the inclusion of the
additional proposed activities,
including the range of reasonable
alternatives and associated impacts of
any alternatives.
The final NEPA, TRMP, and FMEP
determinations will not be completed
until after the end of the 30-day
comment period and will fully consider
all public comments received during the
comment period. NMFS will publish a
record of its final action on the TRMPs
in the Federal Register.
Authority
Under section 4 of the ESA, NMFS, by
delegated authority from the Secretary
of Commerce, is required to adopt such
regulations as he deems necessary and
advisable for the conservation of the
species listed as threatened. The ESA
salmon and steelhead 4(d) Rule (65 FR
42422, July 10, 2000) specifies
categories of activities that contribute to
the conservation of listed salmonids and
sets out the criteria for such activities.
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Fmt 4703
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4835
Limit 4 of the updated 4(d) rule (50 CFR
223.203(b)(4)) further provides that the
prohibitions of paragraph (a) of the
updated 4(d) rule (50 CFR 223.203(a))
do not apply to activities associated
with fishery harvest provided that an
FMEP has been approved by NMFS to
be in accordance with the salmon and
steelhead 4(d) rule (65 FR 42422, July
10, 2000, as updated in 70 FR 37160,
June 28, 2005). The ESA Tribal 4(d)
Rule (65 FR 42481, July 10, 2000) states
that the ESA section 9 take prohibitions
will not apply to TRMPs that will not
appreciably reduce the likelihood of
survival and recovery for the listed
species.
Dated: January 16, 2013.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013–01229 Filed 1–22–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC431
Endangered and Threatened Species;
Recovery Plan for the North Pacific
Right Whale
National Marine Fisheries
Service, National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The National Marine
Fisheries Service (NMFS) announces the
availability for public review of the draft
Recovery Plan (Plan) for the North
Pacific right whale (Eubalaena
japonica). NMFS is soliciting review
and comment from the public and all
interested parties on the Plan, and will
consider all substantive comments
received during the review period
before submitting the Plan for final
approval.
SUMMARY:
Comments on the draft Plan
must be received by close of business on
March 11, 2013.
ADDRESSES: You may submit comments,
identified by 0648– XC431, by any of
the following methods:
Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
Mail: Angela Somma, National Marine
Fisheries Service, Office of Protected
Resources, Endangered Species
DATES:
E:\FR\FM\23JAN1.SGM
23JAN1
4836
Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices
Division, 1325 East West Highway,
Silver Spring, MD 20910, Attn: North
Pacific Right Whale Recovery Plan.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Shannon Bettridge (301–427–8437),
email Shannon.Bettridge@noaa.gov or
Larissa Plants (301–427–8471), email
Larissa.Plants@noaa.gov.
wreier-aviles on DSK5TPTVN1PROD with
SUPPLEMENTARY INFORMATION:
Background
Recovery plans describe actions
beneficial to the conservation and
recovery of species listed under the
Endangered Species Act of 1973 (ESA),
as amended (16 U.S.C. 1531 et seq.).
Section 4(f)(1) of the ESA requires that
recovery plans incorporate: (1)
Objective, measurable criteria which,
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 each
listed species unless such a plan would
not promote its recovery.
The Northern right whale (Eubalaena
glacialis) has been listed as
‘‘endangered’’ under the Endangered
Species Act (ESA) since its passage in
1973. In 2008, NMFS determined that
the Northern right whale should be
listed as two separate species, the North
Pacific right whale and the North
Atlantic right whale. North Pacific right
whales historically had a wide
distribution in the Pacific Ocean, but
the population was dramatically
reduced by extensive commercial
whaling, now prohibited by the
International Whaling Commission. It is
estimated that roughly 1,000 individuals
remain. Of the commercially exploited
‘‘great whales,’’ the North Pacific right
whale is one of the least well studied,
and the current status of the North
VerDate Mar<15>2010
15:22 Jan 22, 2013
Jkt 229001
Pacific right whale population is poorly
understood. Currently, the population
structure of North Pacific right whales
has not been adequately defined.
Because the current status of North
Pacific right whales is unknown, the
primary purpose of the draft Recovery
Plan is to provide a research strategy to
obtain data necessary to estimate
population abundance, trends, and
structure and to identify factors that
may be limiting North Pacific right
whale recovery. Criteria for the
reclassification of the North Pacific right
whale are included in the draft
Recovery Plan. In summary, the North
Pacific right 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 North
Pacific right whale population satisfies
the risk analysis standard for threatened
status (has no more than a 1 percent
chance of extinction in 100 years) and
the global population has at least 1,500
mature, reproductive individuals
(consisting of at least 250 mature
females and at least 250 mature males
in each ocean basin). 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 North Pacific right
whales 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: (A) The present or
threatened destruction, modification or
curtailment of a species’ habitat or
range; (B) overutilization for
commercial, recreational or educational
purposes; (C) disease or predation; (D)
the inadequacy of existing regulatory
mechanisms; and (E) other natural or
manmade factors.
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 total North Pacific right whale
population in each ocean basin in
which it occurs satisfies the risk
analysis standard for unlisted status
(has less than a 10 percent probability
of becoming endangered 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 North
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
Pacific right whales 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 time and cost to recovery is not
predictable with the current information
and global listing of North Pacific right
whales. The difficulty in gathering data
on North Pacific right whales and
uncertainty about the success of passive
acoustic monitoring in fulfilling data
needs make it impossible to give a
timeframe to recovery. While we are
comfortable estimating costs for 50 years
of plan implementation ($19.683
million), any projections beyond this
date are likely to be too imprecise to
predict. The anticipated date for
removal from the endangered species
list also cannot be determined because
of the uncertainty in the success of
recovery plan actions for North Pacific
right whales. The effectiveness of many
management activities is not known on
a global level. Currently it is impossible
to predict when such measures will
bring the species to a point at which the
protections provided by the ESA are no
longer warranted, or even determine
whether the species has recovered
enough to be downlisted or delisted. In
the future, as more information is
obtained it should be possible to make
more informative projections about the
time to recovery, and its expense.
NMFS will consider all substantive
comments and information presented
during the public comment period in
the course of finalizing this Plan. NMFS
concludes that the Draft Recovery Plan
meets the requirements of the ESA.
Authority: 16 U.S.C. 1531 et seq.
Dated: January 17, 2013.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013–01249 Filed 1–22–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC455
Endangered and Threatened Species;
Take of Anadromous Fish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of final determination
and discussion of underlying biological
analysis.
AGENCY:
E:\FR\FM\23JAN1.SGM
23JAN1
Agencies
[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4835-4836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01249]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC431
Endangered and Threatened Species; Recovery Plan for the North
Pacific Right Whale
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The National Marine Fisheries Service (NMFS) announces the
availability for public review of the draft Recovery Plan (Plan) for
the North Pacific right whale (Eubalaena japonica). NMFS is soliciting
review and comment from the public and all interested parties on the
Plan, and will consider all substantive comments received during the
review period before submitting the Plan for final approval.
DATES: Comments on the draft Plan must be received by close of business
on March 11, 2013.
ADDRESSES: You may submit comments, identified by 0648- XC431, by any
of the following methods:
Electronic Submissions: Submit all electronic public comments via
the Federal eRulemaking Portal https://www.regulations.gov.
Mail: Angela Somma, National Marine Fisheries Service, Office of
Protected Resources, Endangered Species
[[Page 4836]]
Division, 1325 East West Highway, Silver Spring, MD 20910, Attn: North
Pacific Right Whale Recovery Plan.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Shannon Bettridge (301-427-8437),
email Shannon.Bettridge@noaa.gov or Larissa Plants (301-427-8471),
email Larissa.Plants@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Recovery plans describe actions beneficial to the conservation and
recovery of species listed under the Endangered Species Act of 1973
(ESA), as amended (16 U.S.C. 1531 et seq.). Section 4(f)(1) of the ESA
requires that recovery plans incorporate: (1) Objective, measurable
criteria which, 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 each listed
species unless such a plan would not promote its recovery.
The Northern right whale (Eubalaena glacialis) has been listed as
``endangered'' under the Endangered Species Act (ESA) since its passage
in 1973. In 2008, NMFS determined that the Northern right whale should
be listed as two separate species, the North Pacific right whale and
the North Atlantic right whale. North Pacific right whales historically
had a wide distribution in the Pacific Ocean, but the population was
dramatically reduced by extensive commercial whaling, now prohibited by
the International Whaling Commission. It is estimated that roughly
1,000 individuals remain. Of the commercially exploited ``great
whales,'' the North Pacific right whale is one of the least well
studied, and the current status of the North Pacific right whale
population is poorly understood. Currently, the population structure of
North Pacific right whales has not been adequately defined.
Because the current status of North Pacific right whales is
unknown, the primary purpose of the draft Recovery Plan is to provide a
research strategy to obtain data necessary to estimate population
abundance, trends, and structure and to identify factors that may be
limiting North Pacific right whale recovery. Criteria for the
reclassification of the North Pacific right whale are included in the
draft Recovery Plan. In summary, the North Pacific right 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 North Pacific right whale population
satisfies the risk analysis standard for threatened status (has no more
than a 1 percent chance of extinction in 100 years) and the global
population has at least 1,500 mature, reproductive individuals
(consisting of at least 250 mature females and at least 250 mature
males in each ocean basin). 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 North Pacific right whales 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: (A) The present or threatened
destruction, modification or curtailment of a species' habitat or
range; (B) overutilization for commercial, recreational or educational
purposes; (C) disease or predation; (D) the inadequacy of existing
regulatory mechanisms; and (E) other natural or manmade factors.
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 total North Pacific right whale
population in each ocean basin in which it occurs satisfies the risk
analysis standard for unlisted status (has less than a 10 percent
probability of becoming endangered 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 North Pacific right whales
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 time and cost to recovery is not predictable with the current
information and global listing of North Pacific right whales. The
difficulty in gathering data on North Pacific right whales and
uncertainty about the success of passive acoustic monitoring in
fulfilling data needs make it impossible to give a timeframe to
recovery. While we are comfortable estimating costs for 50 years of
plan implementation ($19.683 million), any projections beyond this date
are likely to be too imprecise to predict. The anticipated date for
removal from the endangered species list also cannot be determined
because of the uncertainty in the success of recovery plan actions for
North Pacific right whales. The effectiveness of many management
activities is not known on a global level. Currently it is impossible
to predict when such measures will bring the species to a point at
which the protections provided by the ESA are no longer warranted, or
even determine whether the species has recovered enough to be
downlisted or delisted. In the future, as more information is obtained
it should be possible to make more informative projections about the
time to recovery, and its expense.
NMFS will consider all substantive comments and information
presented during the public comment period in the course of finalizing
this Plan. NMFS concludes that the Draft Recovery Plan meets the
requirements of the ESA.
Authority: 16 U.S.C. 1531 et seq.
Dated: January 17, 2013.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2013-01249 Filed 1-22-13; 8:45 am]
BILLING CODE 3510-22-P