Endangered and Threatened Species; Draft Recovery Plan and Draft Recovery Implementation Strategy for the Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment and Notice of Initiation of 5-Year Review, 65791-65793 [2020-22950]

Download as PDF Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES of origin. The applicable Section 301 decisions require subject merchandise to be admitted to FTZs in privileged foreign status. Public comment is invited from interested parties. Submissions shall be addressed to the Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is November 25, 2020. A copy of the notification will be available for public inspection in the ‘‘Reading Room’’ section of the Board’s website, which is accessible via www.trade.gov/ftz. For further information, contact Christopher Wedderburn at Chris.Wedderburn@trade.gov or (202) 482–1963. Currently, the preliminary determinations are due no later than November 9, 2020. Postponement of Preliminary Determinations Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days of the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner makes a timely request for a postponement; or (B) Commerce concludes that the parties Dated: October 13, 2020. concerned are cooperating, that the Andrew McGilvray, investigation is extraordinarily Executive Secretary. complicated, and that additional time is [FR Doc. 2020–22954 Filed 10–15–20; 8:45 am] necessary to make a preliminary determination. Under 19 CFR BILLING CODE 3510–DS–P 351.205(e), the petitioner must submit a request for postponement 25 days or DEPARTMENT OF COMMERCE more before the scheduled date of the preliminary determination and must International Trade Administration state the reasons for the request. [A–580–908, A–583–869, A–549–842, A–552– Commerce will grant the request unless it finds compelling reasons to deny the 828] request. On October 1, 2020, the United Steel, Passenger Vehicle and Light Truck Paper and Forestry, Rubber, Tires From the Republic of Korea, Manufacturing, Energy, Allied Taiwan, Thailand, and the Socialist Republic of Vietnam: Postponement of Industrial and Service Workers International Union, AFL–CIO, CLC (the Preliminary Determinations in the petitioner) submitted a timely request Less-Than-Fair-Value Investigations that Commerce postpone the AGENCY: Enforcement and Compliance, preliminary determinations in these International Trade Administration, LTFV investigations.2 The petitioner Department of Commerce. stated that it requests postponement due DATES: Applicable October 16, 2020. to the complexity of selecting the mandatory respondents and obtaining FOR FURTHER INFORMATION CONTACT: Leo initial and supplemental questionnaire Ayala at (202) 482–3945 (Republic of responses. Under the current timeline, Korea (Korea) and Thailand); Lauren Caserta at (202) 482–4737 (Taiwan); and the petitioner believes that Commerce will not have complete responses and Jasun Moy at (202) 482–8194 (the sufficient information to issue these Socialist Republic of Vietnam preliminary determinations.3 (Vietnam)), AD/CVD Operations, For the reasons stated above, and Enforcement and Compliance, because there are no compelling reasons International Trade Administration, to deny the request, Commerce, in U.S. Department of Commerce, 1401 accordance with section 733(c)(1)(A) of Constitution Avenue NW, Washington, the Act and 19 CFR 351.205(e), is DC 20230. postponing the deadline for the SUPPLEMENTARY INFORMATION: preliminary determinations by 50 days Background (i.e., 190 days after the date on which these investigations were initiated). As On June 22, 2020, the Department of a result, Commerce will issue its Commerce (Commerce) initiated lessthan-fair-value (LTFV) investigations of Than-Fair-Value Investigations, 85 FR 38854 (June imports of passenger vehicle and light 29, 2020). truck tires (passenger tires) from Korea, 2 See Petitioner’s Letter, ‘‘Passenger Vehicle and 1 Taiwan, Thailand, and Vietnam. Light Truck Tires from the Republic of Korea, 1 See Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam: Initiation of Less- VerDate Sep<11>2014 18:59 Oct 15, 2020 Jkt 253001 Taiwan, Thailand, and the Socialist Republic of Vietnam: Petitioner’s Request for Extension of Preliminary Determination,’’ dated October 1, 2020. 3 Id. PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 65791 preliminary determinations no later than December 29, 2020. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations in these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date. Notification to Interested Parties This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: October 9, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–22958 Filed 10–15–20; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA467] Endangered and Threatened Species; Draft Recovery Plan and Draft Recovery Implementation Strategy for the Main Hawaiian Islands Insular False Killer Whale Distinct Population Segment and Notice of Initiation of 5Year Review National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of availability of draft recovery plan and draft recovery implementation strategy; request for comments; notice of initiation of a 5year review; request for information. AGENCY: We, the National Marine Fisheries Service (NMFS), announce the availability of the Draft Recovery Plan and Draft Recovery Implementation Strategy for the Main Hawaiian Islands Insular False Killer Whale (MHI IFKW; Pseudorca crassidens) Distinct Population Segment (DPS) for public review. We are soliciting review and comment from the public and all interested parties on the Draft Recovery Plan and Draft Recovery Implementation Strategy, and will consider all substantive comments received during the review period before submitting the Recovery Plan and Recovery Implementation Strategy for final approval. We are also initiating a 5-year review of the MHI IFKW and are requesting new information on its status. SUMMARY: E:\FR\FM\16OCN1.SGM 16OCN1 65792 Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Notices Comments on the Draft Recovery Plan and Draft Recovery Implementation Strategy must be received by December 15, 2020. ADDRESSES: You may submit comments on the Draft Recovery Plan, the Draft Recovery Implementation Strategy, and information for the 5-year review, identified by NOAA–NMFS–2020–124 by either of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. 1. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-2020124. 2. Click the ‘‘Comment Now!’’ icon and complete the required fields, and 3. Enter or attach your comments. • Mail: Submit written comments or information for the 5-year review to Ann Garrett, Assistant Regional Administrator, Protected Resources Division, NMFS, Pacific Islands Regional Office, Attn: Krista Graham, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818. Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/ A’’ in the required fields if you wish to remain anonymous). The Draft Recovery Plan and Draft Recovery Implementation Strategy are available online at www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-2020124 or from https:// www.fisheries.noaa.gov/species/falsekiller-whale#conservation-management or upon request from the NMFS Pacific Islands Regional Office, Protected Resources Division. FOR FURTHER INFORMATION CONTACT: Krista Graham, (808) 725–5152, krista.graham@noaa.gov; Kristen Koyama, (301) 427–8403, kristen.koyama@noaa.gov. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with NOTICES DATES: Background The Endangered Species Act (ESA) of 1973, as amended (15 U.S.C. 1531 et seq.), requires that NMFS develop and implement recovery plans for the conservation and survival of threatened and endangered species under its VerDate Sep<11>2014 18:59 Oct 15, 2020 Jkt 253001 jurisdiction, unless it is determined that such plans would not promote the conservation of the species. 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 MHI IFKW was listed as an endangered DPS on November 28, 2012, under the ESA (77 FR 70915). The listing determination and the extinction risk assessment were informed by the best available scientific and commercial data, as well as the status review conducted by a Biological Review Team (Oleson et al. 2010). The final critical habitat rule for the MHI IFKW DPS was published in the Federal Register on July 24, 2018 (83 FR 35062). Although three populations of false killer whales occur within the Hawaiian Archipelago, the MHI IFKW DPS is a unique island-associated population with a range that entirely surrounds the main Hawaiian Islands. The most recent abundance estimate from 2015 was 167 (SE=23; 95 percent CI=128–218) animals, with annual estimates over a 16-year survey period ranging from 144 to 187 animals (Bradford et al. 2018). This estimate is similar to multi-year aggregated estimates previously reported (Oleson et al. 2010). Several lines of evidence indicate that the MHI IFKW has likely declined until at least the early 2000s. Because of changes in survey design and effort, it is unknown whether the MHI IFKW has continued to decline, has recently stabilized, or has recently increased. Development of the Draft Plan In September 2016, we developed a recovery outline to systematically and cohesively guide recovery actions for the MHI IFKW until we completed a recovery plan. The recovery outline is available from our website at: https:// www.fisheries.noaa.gov/species/falsekiller-whale#conservation-management. In October 2016, we held a four-day recovery planning workshop for the MHI IFKW. The purpose of the workshop was to review and update the original threats analysis from the 2010 status review report (Oleson et al. 2010) and the 2012 final listing rule (77 FR 70915), as well as identify potential recovery criteria and actions to address the threats to the species. We invited experts in specific topic areas, including the species’ biology/ecology, threats to the species and the species’ habitat, and PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 the recovery planning process itself. Identified experts included representatives of federal and state agencies, scientific experts, individuals from conservation partners and nongovernmental organizations, and commercial and recreational fishermen. The workshop summary was published in February 2017 and is available from our website at: https:// www.fisheries.noaa.gov/species/falsekiller-whale#conservation-management. The recovery planning components for the MHI IFKW DPS is divided into three separate documents. The first document, the Recovery Status Review (NMFS 2020a), provides all the detailed information on the MHI IFKWs’ biology, ecology, status and threats, and conservation efforts to date, which have typically been included in the background section of a species’ recovery plan. This separate, peerreviewed document is designed to inform all post-listing activities, including recovery planning, and is a comprehensive update to the original 2010 status review (Oleson et al. 2010). The Recovery Status Review is a living document that will be updated regularly. The second document, the Draft Recovery Plan (NMFS 2020b), focuses on the statutory requirements of the ESA: (1) A description of sitespecific management actions necessary to conserve the species; (2) objective, measurable criteria that, when met, will allow the species to be removed from the endangered and threatened species list; and (3) estimates of the time and funding required to achieve the plan’s goals. Recovery actions in the Draft Recovery Plan are described at a higherlevel and are more strategic. The third document, the Draft Recovery Implementation Strategy (NMFS 2020c), is a flexible, operational document separate from the Draft Recovery Plan that provides specific, prioritized activities necessary to fully implement recovery actions in the Draft Recovery Plan, while affording us the ability to modify these activities in real time to reflect changes in the information available as well as progress towards recovery. All recovery planning documents, including the Recovery Status Review, the Draft Recovery Plan, and the Draft Recovery Implementation Strategy, are available on the NMFS false killer whale species profile website at https://www.fisheries.noaa.gov/ species/false-killer-whale#conservationmanagement. We have determined that this Draft Recovery Plan for the MHI IFKW DPS meets the statutory requirements for a recovery plan and are proposing to adopt it as the ESA recovery plan for E:\FR\FM\16OCN1.SGM 16OCN1 Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Notices this endangered DPS. Section 4(f) of the ESA, as amended in 1988, requires that public notice and an opportunity to comment be provided prior to final approval of a recovery plan. This notice solicits comments on this Draft Recovery Plan and Draft Recovery Implementation Strategy. jbell on DSKJLSW7X2PROD with NOTICES Contents of the Draft Recovery Plan The Draft Recovery Plan presents NMFS’ proposed recovery goal, objectives, and criteria for making a downlisting (to threatened) and delisting decision. The proposed demographic and threats-based recovery objectives and criteria are based on the five listing factors found in the ESA section 4(a)(1). Before NMFS can remove the MHI IFKW DPS from protection under the ESA, the factors that led to the ESA listing need to have been reduced or eliminated to the point where federal protection under the ESA is no longer needed, and there is reasonable certainty that the relevant regulatory mechanisms are adequate to protect MHI IFKWs. The proposed demographic and threats-based recovery objectives and criteria for the MHI IFKW address threats from small population size, incidental take, inadequate regulatory mechanisms, competition with fisheries for prey, environmental contaminants and biotoxins, anthropogenic noise, effects from climate change, and secondary threats and synergies. The Draft Recovery Plan also describes specific information on the following: Current status of MHI IFKWs; pressures (limiting factors) and threats that have contributed to the MHI IFKWs’ decline; recovery strategies to address the threats based on the best available science; and site-specific actions with timelines. The Draft Recovery Plan also summarizes time and costs required to implement recovery actions. The Draft Recovery Implementation Strategy provides specific, prioritized activities necessary to fully implement recovery actions in the Draft Recovery Plan. This stepped-down approach will afford us the ability to modify these activities in real time to reflect changes in the information available as well as progress towards recovery. How NMFS and Others Expect To Use the Plan In addition to continuing to carry out actions already underway, such as photo identification efforts and satellite tag deployment and analysis, we have begun implementation of outreach actions as described in the plan, such as developing strategic outreach messaging and tools for fishermen and boaters to VerDate Sep<11>2014 18:59 Oct 15, 2020 Jkt 253001 report sightings of false killer whales, and anonymously reporting interactions with false killer whales. After public comment and the adoption of the Final Recovery Plan and Final Recovery Implementation Strategy, we will implement the actions and activities for which we have authority and funding; encourage other federal, state, and local agencies to implement recovery actions and activities for which they have responsibility, authority, and funding; and work cooperatively with the public and local stakeholders on implementation of other actions and activities. We expect the Recovery Plan to guide us and other federal agencies in evaluating federal actions under ESA section 7, as well as in implementing other provisions of the ESA, such as considering permits under section 10, and other statutes. When we are considering a species for delisting, the agency will examine whether the ESA section 4(a)(1) listing factors have been addressed. To assist in this examination, we will use the delisting criteria described in the Draft Recovery Plan, which include both demographic criteria and threats-based criteria addressing each of the ESA section 4(a)(1) listing factors, as well as any other relevant data and policy considerations. Public Comments Solicited We are soliciting written comments on the Draft Recovery Plan and Draft Recovery Implementation Strategy. All substantive comments received by the date specified above will be considered and incorporated, as appropriate, prior to our decision whether to approve this Recovery Plan and Recovery Implementation Strategy. While we invite comments on all aspects of the Draft Recovery Plan and Draft Recovery Implementation Strategy, we are particularly interested in comments on the proposed objectives, criteria, and actions, as well as comments on the estimated time and cost of recovery actions and activities. In addition, the ESA requires that we conduct a review of listed species at least once every five years. On the basis of such review under section (4)(c)(2)(B), we determine whether any species should be removed from the list (i.e., delisted) or reclassified from endangered to threatened or from threatened to endangered (16 U.S.C. 1533(c)(2)(B)). Any change in federal classification would require a separate rulemaking process. The regulations in 50 CFR 424.21 require that we publish a notice in the Federal Register announcing those species currently under active review. This notice PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 65793 announces our active review of the MHI IFKW listed as an endangered DPS (77 FR 70915; November 28, 2012). Comments and information submitted will be considered in the 5-year review, as applicable. Authority: 16 U.S.C. 1531 et seq. Dated: October 13, 2020. Angela Somma, Chief, Endangered Species Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2020–22950 Filed 10–15–20; 8:45 am] BILLING CODE 3510–22–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed additions the Procurement List. AGENCY: The Committee is proposing to add product(s) and service(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. DATES: Comments must be received on or before: November 15, 2020. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S Clark Street, Suite 715, Arlington, Virginia 22202–4149. FOR FURTHER INFORMATION CONTACT: For further information or to submit comments contact: Michael R. Jurkowski, Telephone: (703) 603–2117, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. SUMMARY: Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the product(s) and service(s) listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. The following product(s) and service(s) are proposed for addition to the Procurement List for production by the nonprofit agencies listed: E:\FR\FM\16OCN1.SGM 16OCN1

Agencies

[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Notices]
[Pages 65791-65793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22950]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA467]


Endangered and Threatened Species; Draft Recovery Plan and Draft 
Recovery Implementation Strategy for the Main Hawaiian Islands Insular 
False Killer Whale Distinct Population Segment and Notice of Initiation 
of 5-Year Review

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

ACTION: Notice of availability of draft recovery plan and draft 
recovery implementation strategy; request for comments; notice of 
initiation of a 5-year review; request for information.

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

SUMMARY: We, the National Marine Fisheries Service (NMFS), announce the 
availability of the Draft Recovery Plan and Draft Recovery 
Implementation Strategy for the Main Hawaiian Islands Insular False 
Killer Whale (MHI IFKW; Pseudorca crassidens) Distinct Population 
Segment (DPS) for public review. We are soliciting review and comment 
from the public and all interested parties on the Draft Recovery Plan 
and Draft Recovery Implementation Strategy, and will consider all 
substantive comments received during the review period before 
submitting the Recovery Plan and Recovery Implementation Strategy for 
final approval. We are also initiating a 5-year review of the MHI IFKW 
and are requesting new information on its status.

[[Page 65792]]


DATES: Comments on the Draft Recovery Plan and Draft Recovery 
Implementation Strategy must be received by December 15, 2020.

ADDRESSES: You may submit comments on the Draft Recovery Plan, the 
Draft Recovery Implementation Strategy, and information for the 5-year 
review, identified by NOAA-NMFS-2020-124 by either of the following 
methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-124.
    2. Click the ``Comment Now!'' icon and complete the required 
fields, and
    3. Enter or attach your comments.
     Mail: Submit written comments or information for the 5-
year review to Ann Garrett, Assistant Regional Administrator, Protected 
Resources Division, NMFS, Pacific Islands Regional Office, Attn: Krista 
Graham, 1845 Wasp Blvd., Building 176, Honolulu, HI 96818.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    The Draft Recovery Plan and Draft Recovery Implementation Strategy 
are available online at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-
2020-124 or from https://www.fisheries.noaa.gov/species/false-killer-whale#conservation-management or upon request from the NMFS Pacific 
Islands Regional Office, Protected Resources Division.

FOR FURTHER INFORMATION CONTACT: Krista Graham, (808) 725-5152, 
[email protected]; Kristen Koyama, (301) 427-8403, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Endangered Species Act (ESA) of 1973, as amended (15 U.S.C. 
1531 et seq.), requires that NMFS develop and implement recovery plans 
for the conservation and survival of threatened and endangered species 
under its jurisdiction, unless it is determined that such plans would 
not promote the conservation of the species. 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 MHI IFKW was listed as an endangered DPS on November 28, 2012, 
under the ESA (77 FR 70915). The listing determination and the 
extinction risk assessment were informed by the best available 
scientific and commercial data, as well as the status review conducted 
by a Biological Review Team (Oleson et al. 2010). The final critical 
habitat rule for the MHI IFKW DPS was published in the Federal Register 
on July 24, 2018 (83 FR 35062).
    Although three populations of false killer whales occur within the 
Hawaiian Archipelago, the MHI IFKW DPS is a unique island-associated 
population with a range that entirely surrounds the main Hawaiian 
Islands. The most recent abundance estimate from 2015 was 167 (SE=23; 
95 percent CI=128-218) animals, with annual estimates over a 16-year 
survey period ranging from 144 to 187 animals (Bradford et al. 2018). 
This estimate is similar to multi-year aggregated estimates previously 
reported (Oleson et al. 2010). Several lines of evidence indicate that 
the MHI IFKW has likely declined until at least the early 2000s. 
Because of changes in survey design and effort, it is unknown whether 
the MHI IFKW has continued to decline, has recently stabilized, or has 
recently increased.

Development of the Draft Plan

    In September 2016, we developed a recovery outline to 
systematically and cohesively guide recovery actions for the MHI IFKW 
until we completed a recovery plan. The recovery outline is available 
from our website at: https://www.fisheries.noaa.gov/species/false-killer-whale#conservation-management.
    In October 2016, we held a four-day recovery planning workshop for 
the MHI IFKW. The purpose of the workshop was to review and update the 
original threats analysis from the 2010 status review report (Oleson et 
al. 2010) and the 2012 final listing rule (77 FR 70915), as well as 
identify potential recovery criteria and actions to address the threats 
to the species. We invited experts in specific topic areas, including 
the species' biology/ecology, threats to the species and the species' 
habitat, and the recovery planning process itself. Identified experts 
included representatives of federal and state agencies, scientific 
experts, individuals from conservation partners and non-governmental 
organizations, and commercial and recreational fishermen. The workshop 
summary was published in February 2017 and is available from our 
website at: https://www.fisheries.noaa.gov/species/false-killer-whale#conservation-management.
    The recovery planning components for the MHI IFKW DPS is divided 
into three separate documents. The first document, the Recovery Status 
Review (NMFS 2020a), provides all the detailed information on the MHI 
IFKWs' biology, ecology, status and threats, and conservation efforts 
to date, which have typically been included in the background section 
of a species' recovery plan. This separate, peer-reviewed document is 
designed to inform all post-listing activities, including recovery 
planning, and is a comprehensive update to the original 2010 status 
review (Oleson et al. 2010). The Recovery Status Review is a living 
document that will be updated regularly. The second document, the Draft 
Recovery Plan (NMFS 2020b), focuses on the statutory requirements of 
the ESA: (1) A description of site-specific management actions 
necessary to conserve the species; (2) objective, measurable criteria 
that, when met, will allow the species to be removed from the 
endangered and threatened species list; and (3) estimates of the time 
and funding required to achieve the plan's goals. Recovery actions in 
the Draft Recovery Plan are described at a higher-level and are more 
strategic. The third document, the Draft Recovery Implementation 
Strategy (NMFS 2020c), is a flexible, operational document separate 
from the Draft Recovery Plan that provides specific, prioritized 
activities necessary to fully implement recovery actions in the Draft 
Recovery Plan, while affording us the ability to modify these 
activities in real time to reflect changes in the information available 
as well as progress towards recovery. All recovery planning documents, 
including the Recovery Status Review, the Draft Recovery Plan, and the 
Draft Recovery Implementation Strategy, are available on the NMFS false 
killer whale species profile website at https://www.fisheries.noaa.gov/species/false-killer-whale#conservation-management.
    We have determined that this Draft Recovery Plan for the MHI IFKW 
DPS meets the statutory requirements for a recovery plan and are 
proposing to adopt it as the ESA recovery plan for

[[Page 65793]]

this endangered DPS. Section 4(f) of the ESA, as amended in 1988, 
requires that public notice and an opportunity to comment be provided 
prior to final approval of a recovery plan. This notice solicits 
comments on this Draft Recovery Plan and Draft Recovery Implementation 
Strategy.

Contents of the Draft Recovery Plan

    The Draft Recovery Plan presents NMFS' proposed recovery goal, 
objectives, and criteria for making a downlisting (to threatened) and 
delisting decision. The proposed demographic and threats-based recovery 
objectives and criteria are based on the five listing factors found in 
the ESA section 4(a)(1). Before NMFS can remove the MHI IFKW DPS from 
protection under the ESA, the factors that led to the ESA listing need 
to have been reduced or eliminated to the point where federal 
protection under the ESA is no longer needed, and there is reasonable 
certainty that the relevant regulatory mechanisms are adequate to 
protect MHI IFKWs. The proposed demographic and threats-based recovery 
objectives and criteria for the MHI IFKW address threats from small 
population size, incidental take, inadequate regulatory mechanisms, 
competition with fisheries for prey, environmental contaminants and 
biotoxins, anthropogenic noise, effects from climate change, and 
secondary threats and synergies. The Draft Recovery Plan also describes 
specific information on the following: Current status of MHI IFKWs; 
pressures (limiting factors) and threats that have contributed to the 
MHI IFKWs' decline; recovery strategies to address the threats based on 
the best available science; and site-specific actions with timelines. 
The Draft Recovery Plan also summarizes time and costs required to 
implement recovery actions.
    The Draft Recovery Implementation Strategy provides specific, 
prioritized activities necessary to fully implement recovery actions in 
the Draft Recovery Plan. This stepped-down approach will afford us the 
ability to modify these activities in real time to reflect changes in 
the information available as well as progress towards recovery.

How NMFS and Others Expect To Use the Plan

    In addition to continuing to carry out actions already underway, 
such as photo identification efforts and satellite tag deployment and 
analysis, we have begun implementation of outreach actions as described 
in the plan, such as developing strategic outreach messaging and tools 
for fishermen and boaters to report sightings of false killer whales, 
and anonymously reporting interactions with false killer whales. After 
public comment and the adoption of the Final Recovery Plan and Final 
Recovery Implementation Strategy, we will implement the actions and 
activities for which we have authority and funding; encourage other 
federal, state, and local agencies to implement recovery actions and 
activities for which they have responsibility, authority, and funding; 
and work cooperatively with the public and local stakeholders on 
implementation of other actions and activities. We expect the Recovery 
Plan to guide us and other federal agencies in evaluating federal 
actions under ESA section 7, as well as in implementing other 
provisions of the ESA, such as considering permits under section 10, 
and other statutes.
    When we are considering a species for delisting, the agency will 
examine whether the ESA section 4(a)(1) listing factors have been 
addressed. To assist in this examination, we will use the delisting 
criteria described in the Draft Recovery Plan, which include both 
demographic criteria and threats-based criteria addressing each of the 
ESA section 4(a)(1) listing factors, as well as any other relevant data 
and policy considerations.

Public Comments Solicited

    We are soliciting written comments on the Draft Recovery Plan and 
Draft Recovery Implementation Strategy. All substantive comments 
received by the date specified above will be considered and 
incorporated, as appropriate, prior to our decision whether to approve 
this Recovery Plan and Recovery Implementation Strategy. While we 
invite comments on all aspects of the Draft Recovery Plan and Draft 
Recovery Implementation Strategy, we are particularly interested in 
comments on the proposed objectives, criteria, and actions, as well as 
comments on the estimated time and cost of recovery actions and 
activities.
    In addition, the ESA requires that we conduct a review of listed 
species at least once every five years. On the basis of such review 
under section (4)(c)(2)(B), we determine whether any species should be 
removed from the list (i.e., delisted) or reclassified from endangered 
to threatened or from threatened to endangered (16 U.S.C. 
1533(c)(2)(B)). Any change in federal classification would require a 
separate rulemaking process. The regulations in 50 CFR 424.21 require 
that we publish a notice in the Federal Register announcing those 
species currently under active review. This notice announces our active 
review of the MHI IFKW listed as an endangered DPS (77 FR 70915; 
November 28, 2012). Comments and information submitted will be 
considered in the 5-year review, as applicable.

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

    Dated: October 13, 2020.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2020-22950 Filed 10-15-20; 8:45 am]
BILLING CODE 3510-22-P