80_FR_15613 80 FR 15557 - Endangered and Threatened Wildlife and Plants; Notice of 12-Month Finding on a Petition To List the Harbor Porpoise (Phocoena phocoena) in the Baltic Sea as an Endangered or Threatened Distinct Population Segment (DPS) Under the Endangered Species Act (ESA)

80 FR 15557 - Endangered and Threatened Wildlife and Plants; Notice of 12-Month Finding on a Petition To List the Harbor Porpoise (Phocoena phocoena) in the Baltic Sea as an Endangered or Threatened Distinct Population Segment (DPS) Under the Endangered Species Act (ESA)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 56 (March 24, 2015)

Page Range15557-15563
FR Document2015-06749

We, NMFS, announce a 12-month finding on a petition to list the harbor porpoise (Phocoena phocoena) in the Baltic Sea as an endangered or threatened distinct population segment (DPS) under the Endangered Species Act of 1973, as amended. We conducted a DPS analysis based on our joint U.S. Fish and Wildlife Service and NMFS DPS Policy. Based on the best available scientific and commercial information, we find that the harbor porpoise population in the Baltic Sea is not a DPS because it does not meet the criterion for significance outlined by our DPS Policy. Thus, we find this population is not warranted for listing.

Federal Register, Volume 80 Issue 56 (Tuesday, March 24, 2015)
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Notices]
[Pages 15557-15563]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06749]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 141015853-4853-01]
RIN 0648-XD563


Endangered and Threatened Wildlife and Plants; Notice of 12-Month 
Finding on a Petition To List the Harbor Porpoise (Phocoena phocoena) 
in the Baltic Sea as an Endangered or Threatened Distinct Population 
Segment (DPS) Under the Endangered Species Act (ESA)

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

ACTION: Notice of 12-month Finding.

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SUMMARY: We, NMFS, announce a 12-month finding on a petition to list 
the harbor porpoise (Phocoena phocoena) in the Baltic Sea as an 
endangered or threatened distinct population segment (DPS) under the 
Endangered Species Act of 1973, as amended. We conducted a DPS analysis 
based on our joint U.S. Fish and Wildlife Service and NMFS DPS Policy. 
Based on the best available scientific and commercial information, we 
find that the harbor porpoise population in the Baltic Sea is not a DPS 
because it does not meet the criterion for significance outlined by our 
DPS Policy. Thus, we find this population is not warranted for listing.

DATES: This finding was made on March 24, 2015.

ADDRESSES: Information used to make this finding is available for 
public inspection by appointment during normal business hours at NMFS, 
Office of Protected Resources, 1315 East West Highway, Silver Spring, 
MD 20910. The petition and a list of the references we used can also be 
found at http://www.nmfs.noaa.gov/pr/species/petition81.htm.

FOR FURTHER INFORMATION CONTACT: Heather Coll, NMFS, Office of 
Protected Resources, (301) 427-8455.

SUPPLEMENTARY INFORMATION: 

Background

    On July 15, 2013, we received a petition from the WildEarth 
Guardians to list 81 marine species or subpopulations as threatened or 
endangered under the Endangered Species Act (ESA). We found that the 
petitioned actions may be warranted for 24 species and 3 
subpopulations, announced the initiation of status reviews, and 
solicited information from the public for each of the 24 species and 3 
subpopulations (78 FR 63941, October 25, 2013; 78 FR 66675, November 6, 
2013; 78 FR 69376, November 19, 2013; 79 FR 9880, February 21, 2014; 
and 79 FR 10104, February 24, 2014). We completed comprehensive status 
reviews under the ESA for six foreign marine species and evaluated 
whether one foreign marine subpopulation met our DPS Policy criteria in 
response to the petition (79 FR 74954; December 16, 2014).
    This notice addresses the finding for one of the petitioned 
subpopulations: a putative Baltic Sea harbor porpoise (Phocoena 
phocoena) subpopulation (79 FR 9880; February 21, 2014). The remaining 
species and subpopulation will be addressed in subsequent findings.
    We are responsible for determining whether species are threatened 
or endangered under the ESA (16 U.S.C. 1531 et seq.). To make this 
determination, we first consider whether a group of organisms 
constitutes a ``species'' under the ESA, then whether the status of the 
species qualifies it for listing as either threatened or endangered. 
Section 3 of the ESA defines a ``species'' as ``any subspecies of fish 
or wildlife or plants, and any distinct population segment of any 
species of vertebrate fish or wildlife which interbreeds when mature.'' 
On February 7, 1996, NMFS and the U.S. Fish and Wildlife Service 
(USFWS; together, the Services) adopted a policy describing what 
constitutes a DPS of a taxonomic species or subspecies (the DPS Policy; 
61 FR 4722). The DPS Policy identified two elements that must be 
considered when identifying a DPS: (1) The discreteness of the 
population segment in relation to the remainder of the species (or 
subspecies) to which it belongs; and (2) the significance of the 
population segment to the remainder of the species (or subspecies) to 
which it

[[Page 15558]]

belongs. As stated in the joint DPS Policy, Congress expressed its 
expectation that the Services would exercise authority with regard to 
DPSs sparingly and only when the biological evidence indicates such 
action is warranted. Listing determinations under the ESA must be based 
on the best available scientific and commercial information.
    Under the DPS Policy, a population segment of a vertebrate species 
may be considered discrete if it satisfies either one of the following 
conditions:
    (1) It is markedly separated from other populations of the same 
taxon as a consequence of physical, physiological, ecological, or 
behavioral factors. Quantitative measures of genetic or morphological 
discontinuity may provide evidence of this separation.
    (2) It is delimited by international governmental boundaries within 
which differences in control of exploitation, management of habitat, 
conservation status, or regulatory mechanisms exist that are 
significant in light of section 4(a)(1)(D) of the Act.
    If a population segment is considered discrete under one or more of 
the above conditions, we will evaluate its biological and ecological 
significance. The significance consideration may include the following:
    (1) Persistence of the discrete population segment in an ecological 
setting unusual or unique for the taxon,
    (2) Evidence that loss of the discrete population segment would 
result in a significant gap in the range of a taxon,
    (3) Evidence that the discrete population segment represents the 
only surviving natural occurrence of a taxon that may be more abundant 
elsewhere as an introduced population outside its historic range, or
    (4) Evidence that the discrete population segment differs markedly 
from other populations of the species in its genetic characteristics.

Species Description

    The harbor porpoise, Phocoena phocoena, is a widely distributed 
cetacean found in temperate and subarctic coastal and offshore waters 
of the northern hemisphere and is usually seen in groups of two to five 
animals (Reeves et al., 2002). Although it is sometimes found in 
offshore waters, it is primarily considered a coastal species limited 
to continental shelf waters (Perrin et al., 2002; Hammond et al., 
2008), possibly due to feeding preference and reproduction. It is also 
commonly found in bays, estuaries, harbors, and fjords (Powell et al., 
2002).
    Harbor porpoises are easy to identify because they are smaller than 
most other cetaceans in the northern hemisphere. Males can reach up to 
1.57 m in length and 61 kg in weight, while females reach up to 1.68 m 
and 76 kg (Reeves et al., 2002). They reach maximum girth just ahead of 
the dorsal fin, which gives them a robust body and short back (Reeves 
et al., 2002). They are medium to dark gray with a white belly and 
throat, a short blunt beak, and a medium-sized triangular dorsal fin. 
Their maximum life span is thought to be 24 years (Reeves et al., 
2002). Data from the Baltic Sea indicates that females are larger than 
males in all age classes (Benke et al., 1997).
    Despite their small size, harbor porpoises are highly mobile 
animals. Satellite tagging studies show that harbor porpoises have an 
average swim speed of 0.6-2.3 km/h, can swim distances of up to 58 km/
day, and have large home ranges (Read and Westgate, 1997; Sveegaard et 
al., 2011). This movement likely has implications for reproduction, 
foraging behavior, bioenergetics, environmental preferences, and 
population structure.
    Sexual maturity is generally reached at about 3 to 4 years, with a 
large proportion of mature females producing a calf every year (Read 
and Hohn, 1995; Koschinski, 2002; Reeves et al., 2002). Gestation lasts 
10--11 months (Reeves et al., 2002). Mean conception date is reported 
as 6 July  9.5 days in the Bay of Fundy and Gulf of Maine 
and 25 July  20.3 days in the Kattegat and Skagerrak seas 
in the Baltic region (Borjesson and Read, 2003). Timing of conception 
was found to be significantly earlier in the Baltic Sea (18 August 
 11.8 days) than in the North Sea, but did not differ 
between the Kattegat and Skagerrak (Borjesson and Read, 2003). The 
North Atlantic harbor porpoise sex ratio has been reported as biased 
toward males throughout life (Lockyer, 2003). The sex ratio found in 
Danish waters in the Baltic region is 55:45, male:female (Clausen and 
Andersen, 1988; Sorensen and Kinze, 1994).
    It is thought that shallow water areas are important for harbor 
porpoise calving, nursing, or breeding (Kinze, 1990; Hammond et al., 
1995). Calving areas in the Baltic region have been identified inside 
the 20-meter depth contour in the northern part of the Little Belt, 
Great Belt, Sejro Bight, waters north of Fyn, archipelago south of Fyn, 
and Smalandsfarvandet (Kinze, 1990). The significantly higher 
proportion of calves off Sylt and Amrum in the North Sea indicates that 
these coastal waters are used as a preferred calving ground for North 
Sea harbor porpoises (Kremer et al., 1990; Sonntag et al., 1999). North 
Sea harbor porpoises have also been found in high densities during 
summer at the tip of Jylland in the northern part of the Danish North 
Sea, 30km from the Danish coast at Horns Rev, and also in the German 
Bight (Teilmann et al., 2008), suggesting possible calving areas or 
even foraging areas.
    Harbor porpoises' small size, high mobility, and relatively fast 
reproduction cycle require a great deal of energy (Read, 1999; Koopman 
et al., 2002; MacLeod et al., 2007). For this reason, they feed on high 
lipid content fishes (Perin et al., 2002), though preferred prey 
species can vary regionally based upon availability (Koschinski, 2002; 
Perrin et al., 2002; Hammond et al., 2008). Harbor porpoises are 
solitary feeders and do not cooperatively forage (Reeves et al., 2002). 
Herring, sprat, and cod have been reported as the most important 
schooling fish prey items in the Baltic Sea (Koschinski, 2002), and 
harbor porpoises in Polish Baltic waters have been reported to feed on 
herring, sprat, and gobies (Malinga et al., 1997). Harbor porpoises in 
the Baltic Sea feed opportunistically on certain species found in their 
local area (Koschinski, 2002), and this may be the explanation for 
significant differences in species preference when compared to harbor 
porpoises in other areas, such as the North Sea (Benke et al., 1998). 
Harbor porpoises in the Kattegat and Skagerrak seas are reported to 
feed on Atlantic herring as juveniles and Atlantic hagfish as adults 
(Boerjesson et al., 2003).
    Long-distance migrations of Baltic harbor porpoises were thought to 
occur in the past (Mohl-Hansen, 1954; Wolk, 1969; Andersen, 1982; 
Gaskin, 1984). This assumption of a massive seasonal migration has 
since been challenged in the literature (Kinze, 2008; Andersen and 
Clausen, 1993), and modern telemetry research in the Baltic region has 
shown there to be more of a seasonal net movement rather than complete 
seasonal migration (Read and Westgate, 1997; Teilmann et al., 2008; 
Sveegaard et al., 2011).
    Environmental conditions may drive some of their net movement. 
Decreasing access to food or air and ice entrapments could occur when 
the Baltic Sea almost completely freezes during harsh winters, causing 
reports of mass deaths of harbor porpoises (Teilmann and Lowry, 1996). 
There are severe ice conditions reported in the southeastern Baltic 
Sea, but they are not consistent (Seina and Palusuo, 1996). There have 
been several winters with almost complete ice coverage in the Baltic 
Sea, which would have forced harbor porpoises from the Baltic Sea

[[Page 15559]]

into the Belt Sea (Teilmann and Lowry, 1996; Koslowski and Schmelzer, 
2007).
    Environmental preferences for ideal foraging and reproduction 
conditions could also drive their movement. Telemetry studies of harbor 
porpoises in the Baltic region show that they concentrate in some areas 
(Read and Westgate, 1997; Teilmann et al., 2008; Sveegaard et al., 
2011). Sveegaard et al. (2011) collected satellite telemetry data to 
identify key habitat use in the Baltic region by tagging harbor 
porpoises from a Skagerrak group (northern Kattegat, Skagerrak, North 
Sea) and an Inner Danish Waters group (southern Kattegat, Belts Seas, 
western Baltic Sea). They found that harbor porpoises in the region are 
not evenly distributed, and reported nine high density areas for the 
region, with clear seasonal movement for all animals tracked. Porpoises 
from the Inner Danish Waters group move south in winter, whereas 
porpoises from the Skagerrak group move west to the North Sea; during 
the spring and summer reproductive period, the Skagerrak group stays 
close to one particular area, while the Inner Danish Waters group 
spreads out over the entire range of their distribution. No difference 
was found in home range size in relation to sex for the Inner Danish 
Waters group, but males of the Skagerrak group had larger home ranges 
than the females. A more recent abundance study by Viquerat et al. 
(2014) confirmed that harbor porpoises in the Baltic region are not 
evenly distributed and reported them to concentrate in high density 
areas.
    There is also other evidence that harbor porpoises move across 
water bodies in the Baltic region. Stable isotope analysis of prey 
items from the Baltic and Kattegat/Skagerrak Seas has shown that harbor 
porpoises move between the Baltic and Kattegat/Skagerrak Seas, although 
the magnitude of these movements is not well known (Angerbjoern et al., 
2006). An extensive review of sighting surveys and tagging has 
indicated extensive movement of animals within and between Inner Danish 
Waters and the Skagerrak/North Sea (Lockyer and Kinze, 2003).

DPS Analysis

    The petitioner did not define the geographic boundaries of its 
petitioned Baltic Sea subpopulation. Therefore, we used the best 
available data from the region to determine whether any boundaries 
exist that could be used to define a DPS within the Baltic region. Here 
we review the best available information, including information on 
physical, physiological, ecological, and behavioral factors, to 
identify a Baltic Sea subpopulation and determine whether it is a DPS, 
as defined in our Policy.
    The harbor porpoise is comprised of three subspecies in the 
northern hemisphere, which are assumed to be reproductively segregated 
by ocean basin: The North Pacific (Phocoena phocoena vomerina, Gill, 
1865), North Atlantic (P. phocoena phocoena, L., 1758), and Black Sea/
Sea of Azov (P. phocoena relicta, Abel, 1905) (Gaskin, 1984; Rosel et 
al., 1995). Within the North Atlantic subspecies, some authors have 
classified the Eastern and Western Atlantic harbor porpoises as 
populations based on migration distance (Gaskin, 1984; IWC, Sub-
Committee on Small Cetaceans, 1996). More recently, genetic studies 
also differentiate harbor porpoises from the Eastern and Western 
Atlantic (Rosel et al., 1999; Tolley et al., 2001); however, an 
analysis using mitochondrial DNA has shown that movement of harbor 
porpoises across the Atlantic does occur at a low level (Rosel et al., 
1999). Harbor porpoises in the Western Atlantic exhibit higher genetic 
diversity than those in the Eastern Atlantic (Tolley et al., 1999). 
Finer-level genetic patterns of population structure remain to be 
resolved for the Eastern Atlantic population (Tolley et al., 2004).
    The coastal nature of harbor porpoises led to an assumption of 
depth-restricted movement and a widespread acceptance of the proposal 
of thirteen populations in the North Atlantic (Tolley et al., 1999) 
(Figure 1): (1) Gulf of Maine/Bay of Fundy; (2) Gulf of St. Lawrence; 
(3) Newfoundland and Labrador; (4) West Greenland; (5) Iceland; (6) 
Faroe Islands; (7) Norway and Barents Sea; (8) North Sea; (9) Kattegat 
and adjacent waters; (10) Baltic Sea; (11) Ireland and Western British 
Isles; (12) Iberia and Bay of Biscay; and (13) Northwest Africa 
(Gaskin, 1984; Yurick and Gaskin, 1987; IWC, Sub-Committee on Small 
Cetaceans, 1996; Rosel et al., 1999; Andersen, 2003). Regional genetic 
and other studies have attempted to detail a finer subpopulation 
structure in the Eastern and Western Atlantic and test the assumption 
of the above divisions.

[[Page 15560]]

[GRAPHIC] [TIFF OMITTED] TN24MR15.000

Discreteness

    Available information to inform our analysis of ``discreteness'' 
consists of genetic studies, skull measurements, contaminant profiles, 
and tooth ultrastructure. We examined the best available information in 
each of these categories to determine whether there is a set of 
individuals in the Baltic region that is discrete from the rest of the 
taxon (Figure 2).

[[Page 15561]]

[GRAPHIC] [TIFF OMITTED] TN24MR15.001

Genetic Information

    Several genetic studies on the harbor porpoise have been conducted 
in the Baltic region using a wide range of methods, sampling locations, 
sample pooling, and genetic markers, which are not consistent among 
research groups. The most common genetic analyses have used 
mitochondrial DNA, followed by microsatellites, Random Amplified 
Polymorphic DNA (RAPD), and isozymes to infer genetics.
    Three studies tested for genetic divergence of individuals 
inhabiting the Baltic Sea proper, as defined by the western boundary at 
the Limhamn and Darss underwater ridges (Stensland, 1997; Wang and 
Berggren, 1997; Wiemann et al., 2010) (Figure 2). These studies did not 
find consistent support for a genetically distinct subpopulation within 
the Baltic Sea proper. For instance, Stensland (1997) found no 
significant differences between samples from the Swedish portion of the 
Baltic Sea proper and the Skagerrak when using a RAPD technique. 
Wiemann et al. (2010) used mitochondrial and microsatellite DNA to 
demonstrate a small but significant genetic separation between the 
Baltic Sea proper and the Belt Seas. However, migration rates between 
the Baltic Sea proper and adjacent Belt Seas were estimated to be high, 
at 7.5 migrants per generation. Due to low genetic divergence, and 
evidence for continued gene flow and movement, the authors admitted 
that ``it is difficult to argue in favour [sic] of a `demographic 
independency' of the Baltic Sea population.'' Overall, existing 
research is consistent in supporting low or no divergence among 
individuals from the Baltic Sea proper as compared to others in the 
Baltic region, supporting continued genetic exchange and lack of 
reproductive isolation or demographic independence. Thus, due to the 
low extent of differentiation and lack of statistical confidence in 
these results, the weight of genetic evidence does not support a 
conclusion that there is a discrete Baltic Sea proper subpopulation in 
accordance with our DPS Policy.
    Even though available genetic information did not support the 
conclusion that there is a discrete Baltic Sea proper population, a 
thorough review of available genetic information for harbor porpoises 
in the entire Baltic region revealed consistent support that 
individuals from the region are genetically differentiated from those 
individuals inhabiting the North Sea. First, all of the microsatellite 
and mitochondrial DNA methods used by Andersen (1993; Anderson et al., 
1995; Anderson et al., 1997; Anderson et al, 2001) differentiated 
samples from Inner Danish Waters (pooled sample set from the Kattegat, 
Belts, and Baltic Seas) and the North Sea. Tiedemann et al. (1996) also 
found a highly significant difference in mitochondrial haplotype 
compositions between their North Sea and Baltic Sea (pooled sample set 
from the Baltic Sea proper and Belt Seas) samples. These earlier 
studies provide consistent support that individuals in the North Sea 
have diverged from those inhabiting the waters of the Baltic region.
    The study by Wiemann et al. (2010) provides further evidence 
supporting divergence of North Sea individuals from other Baltic region 
individuals. They suggested that this genetic transition occurs in the 
Kattegat Sea, based on the most comprehensive mitochondrial and 
microsatellite DNA study on 497 harbor porpoises in the Baltic region. 
They detected overall weak population structure in the region. However, 
the population structure that was detected showed a tendency for the 
North, Skagerrak, and Kattegat Seas to cluster separately from the Belt 
and Inner Baltic Sea samples, with strong evidence for mixture of 
genetic lineages throughout the region. The transition zone in the 
Kattegat Sea area was supported by an abrupt shift in haplotype 
composition; one particular haplotype that is almost absent in the

[[Page 15562]]

North Sea was the most abundant in the Belt Sea and Inner Baltic Sea. 
Furthermore, mitochondrial DNA pairwise comparisons of genetic 
divergence among Skagerrak and Kattegat samples showed significant 
divergence between them, indicating that the genetic split likely 
occurs somewhere within the Kattegat Sea. This study obtained generally 
strong agreement between independent data from microsatellite and 
mitochondrial haplotypes, providing robust support for this genetic 
transition zone in the Kattegat Sea.
    Based on the best available genetic data, there is evidence that 
the harbor porpoise is weakly diverged between the North Sea and the 
Baltic region past Kattegat and south/eastward into the Baltic Sea.

Skull Comparison Information

    Skull comparisons of harbor porpoises in the Baltic Region have 
also been used to explore morphological evidence for population 
structure. The weight of available skull information aligns with 
genetic information in that it differentiates North Sea harbor 
porpoises of both sexes from those in the Baltic region. A finer 
population structure is seen for females within the Baltic region, but 
this same skull differentiation is not seen in males.
    Skull studies support the genetic information indicating a genetic 
break, or transition zone, between the North Sea and the Baltic region. 
Non-metric (not measured) skull characters of harbor porpoises from the 
North Sea and Baltic Sea are found to differ (both sexes; Kinze 1990, 
Huggenberger et al. 2000). In addition, harbor porpoise skull 
measurements are different between the North Sea and Baltic Sea (both 
sexes; Kinze, 1985, 1990; Borjesson and Berggren, 1997; Huggenberger et 
al., 2000; Galatius et al., 2012).
    Some skull studies achieved a finer-scale geographic resolution of 
harbor porpoises in the Baltic region. However, the statistical results 
of these studies are more robust in females than in males, suggesting 
male migration and mixing between areas (Huggenberger et al., 2002). 
Borjesson and Berggren (1997) examined harbor porpoise skulls from the 
Baltic Sea proper and the Kattegat and Skagerrak Seas and their 
statistical analyses showed geographically-relevant differences in 
skull characters between females from the Baltic Sea proper and the 
Kattegat and Skagerrak Seas, but not the same for males; five of 16 
skull characters were significantly different in female samples, 
whereas one of 16 skull characters significantly differed in male 
samples.
    Galatius et al. (2012) used geometric morphometric skull 
comparisons (70 cranial landmarks registered with a 3-D digitizer) from 
six geographic areas--the North Sea, Skagerrak Sea, Kattegat Sea, Belt 
Seas, western Baltic, and Inner Baltic Sea and found highly significant 
shape differences in skulls among these six geographic areas. There 
were no significant differences between males and females or sampling 
seasons within any of the samples. Their results indicate a 
morphometric segregation of harbor porpoises within the Belt Seas/Inner 
Baltic Sea. However, this study stands alone in differentiating this 
fine population structuring within the Baltic region, as the weight of 
genetic and other skull information does not support the same 
conclusion.
    The weight of available skull information aligns with genetic 
information in that it differentiates North Sea harbor porpoises of 
both sexes from those in the Baltic region. Available skull information 
provides evidence of a finer population structure within the Baltic 
region for females, but not for males. This difference provides 
evidence of exchange of male, but not female, individuals between and 
among the Baltic region and the North Sea. One skull study was able to 
detail a fine population structure for both sexes within the Baltic 
region, but the weight of other available evidence does not support 
such a conclusion.

Contaminant Profile Information

    A few studies have distinguished North Sea or Skagerrak harbor 
porpoises from the rest of the Baltic region based on contaminant 
levels and patterns. Bruhn et al. (1997; 1999) analyzed blubber samples 
in harbor porpoises from the German North Sea, Baltic Sea proper, and 
off the west coast of Greenland. Clear differences existed between the 
Baltic Sea proper and North Sea animals for certain contaminants. 
Berggren et al. (1999) found that mature males in the Swedish part of 
the Baltic Sea had significantly different contamination patterns of 
polychlorinated biphenyls (PCBs) than animals from the Swedish Kattegat 
and Skagerrak coasts and from western Norway. This information is 
consistent with genetic information to show population differences 
between the North Sea and Baltic region.

Tooth Ultrastructure Information

    Tooth ultrastructure in the harbor porpoise has been examined to 
differentiate between porpoises from different regions. Lockyer (1999) 
found different characteristics in tooth layers, which may be genetic 
in origin or influenced by life history events or other factors. The 
author found significant differences in several tooth characteristics 
between the North Sea, Skagerrak Sea, Kattegat Sea, Inner Danish 
waters, and the Baltic Sea proper. Lockyer (1999) stated the use of 
tooth ultrastructure alone ``is not sufficient to allow an individual 
animal to be assigned to a particular management unit.'' Thus, her 
results are not informative alone and should be combined with other 
studies when helping to delineate a population structure. The tooth 
ultrastructure study does not align with genetic and other information, 
since it differentiates a finer scale than is supported by the weight 
of available information. Therefore, we do not find this information 
persuasive.

Conclusion Regarding Discreteness

    After combining the weight of evidence from genetic, skull, 
contaminant, and tooth studies we conclude that there is a discrete 
subpopulation of harbor porpoises in the Baltic region (from the 
Kattegat Sea, at the genetic break found by Wiemann et al. (2010), 
eastward into and including the Baltic Sea proper). Although there are 
shared haplotypes among harbor porpoises in the Baltic region and 
evidence of some male movement to suggest that a certain level of gene 
flow exists within the Baltic region, the repeated evidence of 
statistically significant genetic divergence from North Sea/Skagerrak 
samples guides our conclusion that this can be considered a discrete 
subpopulation. Available information on skull measurements and 
contaminant studies supports our conclusion based on genetic 
information, since these studies also differentiate North Sea/Skagerrak 
harbor porpoises from those in the Baltic region. Lockyer's (1999) 
study differentiated tooth structure among harbor porpoises from the 
North Sea, Skagerrak, Kattegat, Inner Danish waters, and the Baltic 
Sea; however, she caveats that this must be combined with other 
supporting information, and we did not find that the weight of other 
available information supports her proposed population structure. The 
weight of all evidence favors our conclusion of a population split at 
the Kattegat Sea.
    Since we determined that there is a discrete Baltic region 
subpopulation, we next determine whether the discrete population is 
significant to the taxon. From this point forward in the document, we 
define the Baltic harbor porpoise subpopulation as beginning at

[[Page 15563]]

the Kattegat inward (south/east) to and including the Baltic Sea 
proper.

Significance

    The identified discrete Baltic subpopulation does not persist in an 
ecological setting unusual or unique for the taxon. Differences seen in 
harbor porpoise morphological characteristics (skull and tooth 
analyses) may be related to differences in environment, but available 
information is not informative enough at this point to link these 
characteristics to distinct habitats or specific adaptations at 
present. The habitat utilization reported for the Baltic harbor 
porpoise does not differ from general descriptions of the species' 
habitat preference. They are found in the shallow coastal areas of the 
Baltic region and their preference for shallow water calving and 
nursing does not differ from the general preference of the species. The 
opportunistic feeding nature of the Baltic harbor porpoise also does 
not show it to persist in a unique ecological setting. They target high 
lipid content fish to fulfill large energetic requirements, similar to 
the general preference of the species.
    There are insufficient data to conclude that loss of the identified 
discrete Baltic subpopulation would result in a significant gap in the 
range of the taxon. The Baltic subpopulation comprises only a small 
geographic area in the total range of the species and even the 
subspecies. There are purported to be around ten other subpopulations 
in the North Atlantic (Tolley et al., 1999) and other harbor porpoise 
populations in the North Pacific and Black Sea. Additionally, available 
information reveals movement and some level of gene flow throughout the 
Baltic region through evidence of shared haplotypes, which is discussed 
further below. Although there are caveats to determining the exact 
level of mixing between the North Sea and Baltic region (and vice 
versa), there is evidence to show at least some level of mixing, such 
that a loss of the Baltic subpopulation would not lead to a significant 
gap in the range of the taxon. There is evidence of continued admixture 
and gene flow between these regions. This gene flow may be sustained by 
the high dispersal capacity and movement of these animals, and the lack 
of obvious physical barriers between the regions.
    While multiple studies confirm divergence between individuals from 
the North Sea and those inhabiting the Baltic region past the Kattegat 
Sea, the absolute extent of divergence is consistently weak. For 
instance, all analyses of mitochondrial haplotype distribution have 
revealed shared haplotypes throughout the region, even across the 
Kattegat `transition zone' (Tiedemann et al., 1996; Wang and Berggren, 
1997; Wiemann et al., 2010). In Wiemann et al. (2010), an abrupt shift 
in microsatellite haplotype distribution was observed between the North 
Sea and Baltic region past the Kattegat Sea, but the two most abundant 
haplotypes only differ by a single point mutation. No physical barrier 
exists between the Kattegat and the North Sea, porpoises are known to 
move long distances (Teilmann et al., 2009), and evidence suggests that 
genetic connectivity can occur among harbor porpoises separated 
thousands of kilometers in the North Atlantic (Tolley et al., 1999; 
Fontaine et al., 2007). So, while the weak divergence (separating the 
North Sea from the Baltic region) is well supported, continued genetic 
exchange, connectivity, and ongoing reproduction among animals 
throughout the region is likely.
    There is no evidence that the identified discrete Baltic 
subpopulation represents the only surviving natural occurrence of a 
taxon that may be more abundant elsewhere as an introduced population 
outside its historical range. Harbor porpoises are historically 
widespread in the northern hemisphere. As stated previously, within the 
North Atlantic subspecies, genetic studies differentiate harbor 
porpoises between the Eastern and Western Atlantic, with some level of 
mixing. The Baltic subpopulation does not represent the only surviving 
natural occurrence of a taxon that may be more abundant elsewhere as an 
introduced population outside its historical range, as there are 
clearly many other existing natural populations.
    There is no evidence that the identified discrete Baltic population 
differs markedly from other populations of the species in its genetic 
characteristics. The attachment of skull characters to unique 
environments or conditions would show evidence of adaptive genetic 
characteristics; however, the available harbor porpoise skull 
information from the Baltic region does not definitively attach 
characters to environmental connections to show that any skull 
differences are adaptive. One harbor porpoise skull study suggests that 
skull morphology could be attached to particular environments or 
conditions (Galatius et al., 2012). However, this is not supported by 
the weight of genetic evidence and is not even supported by other skull 
analyses, as they did not test adaptive skull characteristics and 
attach them to local or unique environmental conditions in the Baltic 
region. In addition, we did not find much discussion in the available 
literature about how differences in skull character for harbor 
porpoises may relate to adaptation to a particular prey item. Most of 
these skull studies attempt to delineate a population structure without 
testing the attachment of particular skull distinctions or 
characteristics.

Conclusion Regarding Significance

    In conclusion, we find that the Baltic harbor porpoise 
subpopulation, while it may be discrete, does not meet any factors 
under the significance criterion. As such, we conclude that the Baltic 
harbor porpoise subpopulation is not a DPS as defined by our joint DPS 
Policy.

Finding

    We find that the Baltic harbor porpoise subpopulation does not meet 
the DPS Policy criteria for qualifying as a DPS. Therefore, listing the 
petitioned entity under the ESA is not warranted.

References Cited

    A complete list of all references cited in this notice can be found 
on our Web site and is available upon request (see ADDRESSES).

Authority

    The authority for this action is the Endangered Species Act of 
1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: March 18, 2015.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-06749 Filed 3-23-15; 8:45 am]
BILLING CODE 3510-22--P



                                                                                Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices                                            15557

                                                  number (i.e., at that exporter’s rate) will             with 19 CFR 351.305(a)(3). Timely                     www.nmfs.noaa.gov/pr/species/
                                                  be liquidated at the PRC-wide rate.13 As                written notification of the return or                 petition81.htm.
                                                  TMM’s entries are subject to the PRC-                   destruction of APO materials, or                      FOR FURTHER INFORMATION CONTACT:
                                                  wide rate, any suspended entries will                   conversion to judicial protective order,              Heather Coll, NMFS, Office of Protected
                                                  also be liquidated at the PRC-wide rate.                is hereby requested. Failure to comply                Resources, (301) 427–8455.
                                                  Cash Deposit Requirements                               with the regulations and terms of an
                                                                                                                                                                SUPPLEMENTARY INFORMATION:
                                                                                                          APO is a sanctionable violation.
                                                    The following cash deposit                               We are issuing and publishing these                Background
                                                  requirements will be effective for all                  final results and this notice in
                                                  shipments of subject merchandise                                                                                 On July 15, 2013, we received a
                                                                                                          accordance with sections 751(a)(1) and                petition from the WildEarth Guardians
                                                  entered, or withdrawn from warehouse,                   777(i) of the Act.
                                                  for consumption on or after the                                                                               to list 81 marine species or
                                                                                                            Dated: March 18, 2015.                              subpopulations as threatened or
                                                  publication date of this notice of final
                                                  results of the administrative review, as                Paul Piquado,                                         endangered under the Endangered
                                                  provided by section 751(a)(2)(C) of the                 Assistant Secretary for Enforcement and               Species Act (ESA). We found that the
                                                  Act: (1) For TMI, which claimed no                      Compliance.                                           petitioned actions may be warranted for
                                                  shipments, the cash deposit rate will                   [FR Doc. 2015–06727 Filed 3–23–15; 8:45 am]           24 species and 3 subpopulations,
                                                  remain unchanged from the rate                          BILLING CODE 3510–DS–P                                announced the initiation of status
                                                  assigned to TMI in the most recently                                                                          reviews, and solicited information from
                                                  completed review of the company; (2)                                                                          the public for each of the 24 species and
                                                  for previously investigated or reviewed                 DEPARTMENT OF COMMERCE                                3 subpopulations (78 FR 63941, October
                                                  PRC and non-PRC exporters who are not                                                                         25, 2013; 78 FR 66675, November 6,
                                                                                                          National Oceanic and Atmospheric                      2013; 78 FR 69376, November 19, 2013;
                                                  under review in this segment of the                     Administration
                                                  proceeding but who have separate rates,                                                                       79 FR 9880, February 21, 2014; and 79
                                                  the cash deposit rate will continue to be               [Docket No. 141015853–4853–01]                        FR 10104, February 24, 2014). We
                                                  the exporter-specific rate published for                                                                      completed comprehensive status
                                                                                                          RIN 0648–XD563
                                                  the most recent period; (3) for all PRC                                                                       reviews under the ESA for six foreign
                                                  exporters of subject merchandise that                   Endangered and Threatened Wildlife                    marine species and evaluated whether
                                                  have not been found to be entitled to a                 and Plants; Notice of 12-Month Finding                one foreign marine subpopulation met
                                                  separate rate (including TMM, which                     on a Petition To List the Harbor                      our DPS Policy criteria in response to
                                                  claimed no shipments, but has not been                  Porpoise (Phocoena phocoena) in the                   the petition (79 FR 74954; December 16,
                                                  found to be separate from the PRC-wide                  Baltic Sea as an Endangered or                        2014).
                                                  entity), the cash deposit rate will be the              Threatened Distinct Population                           This notice addresses the finding for
                                                  PRC-wide rate of 141.49 percent; 14 and                 Segment (DPS) Under the Endangered                    one of the petitioned subpopulations: a
                                                  (4) for all non-PRC exporters of subject                Species Act (ESA)                                     putative Baltic Sea harbor porpoise
                                                  merchandise which have not received                                                                           (Phocoena phocoena) subpopulation (79
                                                  their own rate, the cash deposit rate will              AGENCY:  National Marine Fisheries                    FR 9880; February 21, 2014). The
                                                  be the rate applicable to the PRC                       Service (NMFS), National Oceanic and                  remaining species and subpopulation
                                                  exporter(s) that supplied that non-PRC                  Atmospheric Administration (NOAA),                    will be addressed in subsequent
                                                  exporter. These deposit requirements,                   Commerce.                                             findings.
                                                  when imposed, shall remain in effect                    ACTION: Notice of 12-month Finding.                      We are responsible for determining
                                                  until further notice.                                                                                         whether species are threatened or
                                                                                                          SUMMARY:    We, NMFS, announce a 12-                  endangered under the ESA (16 U.S.C.
                                                  Notification to Importers                               month finding on a petition to list the               1531 et seq.). To make this
                                                     This notice serves as a final reminder               harbor porpoise (Phocoena phocoena)                   determination, we first consider
                                                  to importers of their responsibility                    in the Baltic Sea as an endangered or                 whether a group of organisms
                                                  under 19 CFR 351.402(f)(2) to file a                    threatened distinct population segment                constitutes a ‘‘species’’ under the ESA,
                                                  certificate regarding the reimbursement                 (DPS) under the Endangered Species                    then whether the status of the species
                                                  of antidumping duties prior to                          Act of 1973, as amended. We conducted                 qualifies it for listing as either
                                                  liquidation of the relevant entries                     a DPS analysis based on our joint U.S.                threatened or endangered. Section 3 of
                                                  during this POR. Failure to comply with                 Fish and Wildlife Service and NMFS                    the ESA defines a ‘‘species’’ as ‘‘any
                                                  this requirement could result in the                    DPS Policy. Based on the best available               subspecies of fish or wildlife or plants,
                                                  Department’s presumption that                           scientific and commercial information,                and any distinct population segment of
                                                  reimbursement of antidumping duties                     we find that the harbor porpoise                      any species of vertebrate fish or wildlife
                                                  occurred and the subsequent assessment                  population in the Baltic Sea is not a DPS             which interbreeds when mature.’’ On
                                                  of double antidumping duties.                           because it does not meet the criterion                February 7, 1996, NMFS and the U.S.
                                                                                                          for significance outlined by our DPS                  Fish and Wildlife Service (USFWS;
                                                  Administrative Protective Order                         Policy. Thus, we find this population is              together, the Services) adopted a policy
                                                    This notice also serves as a reminder                 not warranted for listing.                            describing what constitutes a DPS of a
                                                  to parties subject to administrative                    DATES: This finding was made on March                 taxonomic species or subspecies (the
                                                  protective order (‘‘APO’’) of their                     24, 2015.                                             DPS Policy; 61 FR 4722). The DPS
                                                  responsibility concerning the
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                                                                                                          ADDRESSES: Information used to make                   Policy identified two elements that must
                                                  disposition of proprietary information                  this finding is available for public                  be considered when identifying a DPS:
                                                  disclosed under APO in accordance                       inspection by appointment during                      (1) The discreteness of the population
                                                                                                          normal business hours at NMFS, Office                 segment in relation to the remainder of
                                                    13 See Assessment Practice Refinement, 76 FR
                                                                                                          of Protected Resources, 1315 East West                the species (or subspecies) to which it
                                                  65694.
                                                    14 See Notice of Antidumping Duty Order:              Highway, Silver Spring, MD 20910. The                 belongs; and (2) the significance of the
                                                  Magnesium Metal From the People’s Republic of           petition and a list of the references we              population segment to the remainder of
                                                  China, 70 FR 19928 (April 15, 2005).                    used can also be found at http://                     the species (or subspecies) to which it


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                                                  15558                         Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices

                                                  belongs. As stated in the joint DPS                     other cetaceans in the northern                       found in high densities during summer
                                                  Policy, Congress expressed its                          hemisphere. Males can reach up to 1.57                at the tip of Jylland in the northern part
                                                  expectation that the Services would                     m in length and 61 kg in weight, while                of the Danish North Sea, 30km from the
                                                  exercise authority with regard to DPSs                  females reach up to 1.68 m and 76 kg                  Danish coast at Horns Rev, and also in
                                                  sparingly and only when the biological                  (Reeves et al., 2002). They reach                     the German Bight (Teilmann et al.,
                                                  evidence indicates such action is                       maximum girth just ahead of the dorsal                2008), suggesting possible calving areas
                                                  warranted. Listing determinations under                 fin, which gives them a robust body and               or even foraging areas.
                                                  the ESA must be based on the best                       short back (Reeves et al., 2002). They                   Harbor porpoises’ small size, high
                                                  available scientific and commercial                     are medium to dark gray with a white                  mobility, and relatively fast
                                                  information.                                            belly and throat, a short blunt beak, and             reproduction cycle require a great deal
                                                     Under the DPS Policy, a population                   a medium-sized triangular dorsal fin.                 of energy (Read, 1999; Koopman et al.,
                                                  segment of a vertebrate species may be                  Their maximum life span is thought to                 2002; MacLeod et al., 2007). For this
                                                  considered discrete if it satisfies either              be 24 years (Reeves et al., 2002). Data               reason, they feed on high lipid content
                                                  one of the following conditions:                        from the Baltic Sea indicates that                    fishes (Perin et al., 2002), though
                                                     (1) It is markedly separated from other              females are larger than males in all age              preferred prey species can vary
                                                  populations of the same taxon as a                      classes (Benke et al., 1997).                         regionally based upon availability
                                                  consequence of physical, physiological,                    Despite their small size, harbor                   (Koschinski, 2002; Perrin et al., 2002;
                                                  ecological, or behavioral factors.                      porpoises are highly mobile animals.                  Hammond et al., 2008). Harbor
                                                  Quantitative measures of genetic or                     Satellite tagging studies show that                   porpoises are solitary feeders and do not
                                                  morphological discontinuity may                         harbor porpoises have an average swim                 cooperatively forage (Reeves et al.,
                                                  provide evidence of this separation.                    speed of 0.6–2.3 km/h, can swim                       2002). Herring, sprat, and cod have been
                                                     (2) It is delimited by international                 distances of up to 58 km/day, and have                reported as the most important
                                                  governmental boundaries within which                    large home ranges (Read and Westgate,                 schooling fish prey items in the Baltic
                                                  differences in control of exploitation,                 1997; Sveegaard et al., 2011). This                   Sea (Koschinski, 2002), and harbor
                                                  management of habitat, conservation                     movement likely has implications for                  porpoises in Polish Baltic waters have
                                                  status, or regulatory mechanisms exist                  reproduction, foraging behavior,                      been reported to feed on herring, sprat,
                                                  that are significant in light of section                bioenergetics, environmental                          and gobies (Malinga et al., 1997). Harbor
                                                  4(a)(1)(D) of the Act.                                  preferences, and population structure.                porpoises in the Baltic Sea feed
                                                     If a population segment is considered                   Sexual maturity is generally reached
                                                                                                                                                                opportunistically on certain species
                                                  discrete under one or more of the above                 at about 3 to 4 years, with a large
                                                                                                                                                                found in their local area (Koschinski,
                                                  conditions, we will evaluate its                        proportion of mature females producing
                                                                                                                                                                2002), and this may be the explanation
                                                  biological and ecological significance.                 a calf every year (Read and Hohn, 1995;
                                                                                                                                                                for significant differences in species
                                                  The significance consideration may                      Koschinski, 2002; Reeves et al., 2002).
                                                                                                                                                                preference when compared to harbor
                                                  include the following:                                  Gestation lasts 10—11 months (Reeves
                                                                                                                                                                porpoises in other areas, such as the
                                                     (1) Persistence of the discrete                      et al., 2002). Mean conception date is
                                                                                                          reported as 6 July ± 9.5 days in the Bay              North Sea (Benke et al., 1998). Harbor
                                                  population segment in an ecological                                                                           porpoises in the Kattegat and Skagerrak
                                                  setting unusual or unique for the taxon,                of Fundy and Gulf of Maine and 25 July
                                                                                                          ± 20.3 days in the Kattegat and                       seas are reported to feed on Atlantic
                                                     (2) Evidence that loss of the discrete
                                                                                                          Skagerrak seas in the Baltic region                   herring as juveniles and Atlantic hagfish
                                                  population segment would result in a
                                                                                                          (Borjesson and Read, 2003). Timing of                 as adults (Boerjesson et al., 2003).
                                                  significant gap in the range of a taxon,
                                                     (3) Evidence that the discrete                       conception was found to be significantly                 Long-distance migrations of Baltic
                                                  population segment represents the only                  earlier in the Baltic Sea (18 August ±                harbor porpoises were thought to occur
                                                  surviving natural occurrence of a taxon                 11.8 days) than in the North Sea, but did             in the past (Mohl-Hansen, 1954; Wolk,
                                                  that may be more abundant elsewhere as                  not differ between the Kattegat and                   1969; Andersen, 1982; Gaskin, 1984).
                                                  an introduced population outside its                    Skagerrak (Borjesson and Read, 2003).                 This assumption of a massive seasonal
                                                  historic range, or                                      The North Atlantic harbor porpoise sex                migration has since been challenged in
                                                     (4) Evidence that the discrete                       ratio has been reported as biased toward              the literature (Kinze, 2008; Andersen
                                                  population segment differs markedly                     males throughout life (Lockyer, 2003).                and Clausen, 1993), and modern
                                                  from other populations of the species in                The sex ratio found in Danish waters in               telemetry research in the Baltic region
                                                  its genetic characteristics.                            the Baltic region is 55:45, male:female               has shown there to be more of a
                                                                                                          (Clausen and Andersen, 1988; Sorensen                 seasonal net movement rather than
                                                  Species Description                                     and Kinze, 1994).                                     complete seasonal migration (Read and
                                                     The harbor porpoise, Phocoena                           It is thought that shallow water areas             Westgate, 1997; Teilmann et al., 2008;
                                                  phocoena, is a widely distributed                       are important for harbor porpoise                     Sveegaard et al., 2011).
                                                  cetacean found in temperate and                         calving, nursing, or breeding (Kinze,                    Environmental conditions may drive
                                                  subarctic coastal and offshore waters of                1990; Hammond et al., 1995). Calving                  some of their net movement. Decreasing
                                                  the northern hemisphere and is usually                  areas in the Baltic region have been                  access to food or air and ice
                                                  seen in groups of two to five animals                   identified inside the 20-meter depth                  entrapments could occur when the
                                                  (Reeves et al., 2002). Although it is                   contour in the northern part of the Little            Baltic Sea almost completely freezes
                                                  sometimes found in offshore waters, it                  Belt, Great Belt, Sejro Bight, waters                 during harsh winters, causing reports of
                                                  is primarily considered a coastal species               north of Fyn, archipelago south of Fyn,               mass deaths of harbor porpoises
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                                                  limited to continental shelf waters                     and Smalandsfarvandet (Kinze, 1990).                  (Teilmann and Lowry, 1996). There are
                                                  (Perrin et al., 2002; Hammond et al.,                   The significantly higher proportion of                severe ice conditions reported in the
                                                  2008), possibly due to feeding                          calves off Sylt and Amrum in the North                southeastern Baltic Sea, but they are not
                                                  preference and reproduction. It is also                 Sea indicates that these coastal waters               consistent (Seina and Palusuo, 1996).
                                                  commonly found in bays, estuaries,                      are used as a preferred calving ground                There have been several winters with
                                                  harbors, and fjords (Powell et al., 2002).              for North Sea harbor porpoises (Kremer                almost complete ice coverage in the
                                                     Harbor porpoises are easy to identify                et al., 1990; Sonntag et al., 1999). North            Baltic Sea, which would have forced
                                                  because they are smaller than most                      Sea harbor porpoises have also been                   harbor porpoises from the Baltic Sea


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                                                                                Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices                                              15559

                                                  into the Belt Sea (Teilmann and Lowry,                    There is also other evidence that                   have classified the Eastern and Western
                                                  1996; Koslowski and Schmelzer, 2007).                   harbor porpoises move across water                    Atlantic harbor porpoises as
                                                    Environmental preferences for ideal                   bodies in the Baltic region. Stable                   populations based on migration distance
                                                  foraging and reproduction conditions                    isotope analysis of prey items from the               (Gaskin, 1984; IWC, Sub-Committee on
                                                  could also drive their movement.                        Baltic and Kattegat/Skagerrak Seas has                Small Cetaceans, 1996). More recently,
                                                  Telemetry studies of harbor porpoises in                shown that harbor porpoises move                      genetic studies also differentiate harbor
                                                  the Baltic region show that they                        between the Baltic and Kattegat/                      porpoises from the Eastern and Western
                                                                                                          Skagerrak Seas, although the magnitude                Atlantic (Rosel et al., 1999; Tolley et al.,
                                                  concentrate in some areas (Read and
                                                                                                          of these movements is not well known                  2001); however, an analysis using
                                                  Westgate, 1997; Teilmann et al., 2008;
                                                                                                          (Angerbjoern et al., 2006). An extensive              mitochondrial DNA has shown that
                                                  Sveegaard et al., 2011). Sveegaard et al.
                                                                                                          review of sighting surveys and tagging                movement of harbor porpoises across
                                                  (2011) collected satellite telemetry data
                                                                                                          has indicated extensive movement of                   the Atlantic does occur at a low level
                                                  to identify key habitat use in the Baltic
                                                                                                          animals within and between Inner                      (Rosel et al., 1999). Harbor porpoises in
                                                  region by tagging harbor porpoises from                                                                       the Western Atlantic exhibit higher
                                                                                                          Danish Waters and the Skagerrak/North
                                                  a Skagerrak group (northern Kattegat,                   Sea (Lockyer and Kinze, 2003).                        genetic diversity than those in the
                                                  Skagerrak, North Sea) and an Inner                                                                            Eastern Atlantic (Tolley et al., 1999).
                                                  Danish Waters group (southern Kattegat,                 DPS Analysis
                                                                                                                                                                Finer-level genetic patterns of
                                                  Belts Seas, western Baltic Sea). They                     The petitioner did not define the                   population structure remain to be
                                                  found that harbor porpoises in the                      geographic boundaries of its petitioned               resolved for the Eastern Atlantic
                                                  region are not evenly distributed, and                  Baltic Sea subpopulation. Therefore, we               population (Tolley et al., 2004).
                                                  reported nine high density areas for the                used the best available data from the                    The coastal nature of harbor porpoises
                                                  region, with clear seasonal movement                    region to determine whether any                       led to an assumption of depth-restricted
                                                  for all animals tracked. Porpoises from                 boundaries exist that could be used to                movement and a widespread acceptance
                                                  the Inner Danish Waters group move                      define a DPS within the Baltic region.                of the proposal of thirteen populations
                                                  south in winter, whereas porpoises from                 Here we review the best available                     in the North Atlantic (Tolley et al.,
                                                  the Skagerrak group move west to the                    information, including information on                 1999) (Figure 1): (1) Gulf of Maine/Bay
                                                  North Sea; during the spring and                        physical, physiological, ecological, and              of Fundy; (2) Gulf of St. Lawrence; (3)
                                                  summer reproductive period, the                         behavioral factors, to identify a Baltic              Newfoundland and Labrador; (4) West
                                                  Skagerrak group stays close to one                      Sea subpopulation and determine                       Greenland; (5) Iceland; (6) Faroe Islands;
                                                  particular area, while the Inner Danish                 whether it is a DPS, as defined in our                (7) Norway and Barents Sea; (8) North
                                                  Waters group spreads out over the entire                Policy.                                               Sea; (9) Kattegat and adjacent waters;
                                                  range of their distribution. No difference                The harbor porpoise is comprised of                 (10) Baltic Sea; (11) Ireland and Western
                                                  was found in home range size in                         three subspecies in the northern                      British Isles; (12) Iberia and Bay of
                                                  relation to sex for the Inner Danish                    hemisphere, which are assumed to be                   Biscay; and (13) Northwest Africa
                                                  Waters group, but males of the                          reproductively segregated by ocean                    (Gaskin, 1984; Yurick and Gaskin, 1987;
                                                  Skagerrak group had larger home ranges                  basin: The North Pacific (Phocoena                    IWC, Sub-Committee on Small
                                                  than the females. A more recent                         phocoena vomerina, Gill, 1865), North                 Cetaceans, 1996; Rosel et al., 1999;
                                                  abundance study by Viquerat et al.                      Atlantic (P. phocoena phocoena, L.,                   Andersen, 2003). Regional genetic and
                                                  (2014) confirmed that harbor porpoises                  1758), and Black Sea/Sea of Azov (P.                  other studies have attempted to detail a
                                                  in the Baltic region are not evenly                     phocoena relicta, Abel, 1905) (Gaskin,                finer subpopulation structure in the
                                                  distributed and reported them to                        1984; Rosel et al., 1995). Within the                 Eastern and Western Atlantic and test
                                                  concentrate in high density areas.                      North Atlantic subspecies, some authors               the assumption of the above divisions.
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                                                  15560                         Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices




                                                  Discreteness                                            genetic studies, skull measurements,                  categories to determine whether there is
                                                                                                          contaminant profiles, and tooth                       a set of individuals in the Baltic region
                                                    Available information to inform our                   ultrastructure. We examined the best                  that is discrete from the rest of the taxon
                                                  analysis of ‘‘discreteness’’ consists of                available information in each of these                (Figure 2).
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                                                                                                                                                                                                              EN24MR15.000</GPH>




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                                                                                Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices                                           15561




                                                  Genetic Information                                     to low genetic divergence, and evidence               Danish Waters (pooled sample set from
                                                     Several genetic studies on the harbor                for continued gene flow and movement,                 the Kattegat, Belts, and Baltic Seas) and
                                                  porpoise have been conducted in the                     the authors admitted that ‘‘it is difficult           the North Sea. Tiedemann et al. (1996)
                                                  Baltic region using a wide range of                     to argue in favour [sic] of a                         also found a highly significant
                                                  methods, sampling locations, sample                     ‘demographic independency’ of the                     difference in mitochondrial haplotype
                                                  pooling, and genetic markers, which are                 Baltic Sea population.’’ Overall, existing            compositions between their North Sea
                                                  not consistent among research groups.                   research is consistent in supporting low              and Baltic Sea (pooled sample set from
                                                  The most common genetic analyses                        or no divergence among individuals                    the Baltic Sea proper and Belt Seas)
                                                  have used mitochondrial DNA, followed                   from the Baltic Sea proper as compared                samples. These earlier studies provide
                                                  by microsatellites, Random Amplified                    to others in the Baltic region, supporting            consistent support that individuals in
                                                  Polymorphic DNA (RAPD), and                             continued genetic exchange and lack of                the North Sea have diverged from those
                                                  isozymes to infer genetics.                             reproductive isolation or demographic                 inhabiting the waters of the Baltic
                                                     Three studies tested for genetic                     independence. Thus, due to the low                    region.
                                                  divergence of individuals inhabiting the                extent of differentiation and lack of                    The study by Wiemann et al. (2010)
                                                  Baltic Sea proper, as defined by the                    statistical confidence in these results,              provides further evidence supporting
                                                  western boundary at the Limhamn and                     the weight of genetic evidence does not               divergence of North Sea individuals
                                                  Darss underwater ridges (Stensland,                     support a conclusion that there is a                  from other Baltic region individuals.
                                                  1997; Wang and Berggren, 1997;                          discrete Baltic Sea proper                            They suggested that this genetic
                                                  Wiemann et al., 2010) (Figure 2). These                 subpopulation in accordance with our                  transition occurs in the Kattegat Sea,
                                                  studies did not find consistent support                 DPS Policy.                                           based on the most comprehensive
                                                  for a genetically distinct subpopulation                  Even though available genetic                       mitochondrial and microsatellite DNA
                                                  within the Baltic Sea proper. For                       information did not support the                       study on 497 harbor porpoises in the
                                                  instance, Stensland (1997) found no                     conclusion that there is a discrete Baltic            Baltic region. They detected overall
                                                  significant differences between samples                 Sea proper population, a thorough                     weak population structure in the region.
                                                  from the Swedish portion of the Baltic                  review of available genetic information               However, the population structure that
                                                  Sea proper and the Skagerrak when                       for harbor porpoises in the entire Baltic             was detected showed a tendency for the
                                                  using a RAPD technique. Wiemann et                      region revealed consistent support that               North, Skagerrak, and Kattegat Seas to
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                                                  al. (2010) used mitochondrial and                       individuals from the region are                       cluster separately from the Belt and
                                                  microsatellite DNA to demonstrate a                     genetically differentiated from those                 Inner Baltic Sea samples, with strong
                                                  small but significant genetic separation                individuals inhabiting the North Sea.                 evidence for mixture of genetic lineages
                                                  between the Baltic Sea proper and the                   First, all of the microsatellite and                  throughout the region. The transition
                                                  Belt Seas. However, migration rates                     mitochondrial DNA methods used by                     zone in the Kattegat Sea area was
                                                  between the Baltic Sea proper and                       Andersen (1993; Anderson et al., 1995;                supported by an abrupt shift in
                                                  adjacent Belt Seas were estimated to be                 Anderson et al., 1997; Anderson et al,                haplotype composition; one particular
                                                                                                                                                                                                            EN24MR15.001</GPH>




                                                  high, at 7.5 migrants per generation. Due               2001) differentiated samples from Inner               haplotype that is almost absent in the


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                                                  15562                         Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices

                                                  North Sea was the most abundant in the                    Galatius et al. (2012) used geometric               influenced by life history events or
                                                  Belt Sea and Inner Baltic Sea.                          morphometric skull comparisons (70                    other factors. The author found
                                                  Furthermore, mitochondrial DNA                          cranial landmarks registered with a 3-D               significant differences in several tooth
                                                  pairwise comparisons of genetic                         digitizer) from six geographic areas—the              characteristics between the North Sea,
                                                  divergence among Skagerrak and                          North Sea, Skagerrak Sea, Kattegat Sea,               Skagerrak Sea, Kattegat Sea, Inner
                                                  Kattegat samples showed significant                     Belt Seas, western Baltic, and Inner                  Danish waters, and the Baltic Sea
                                                  divergence between them, indicating                     Baltic Sea and found highly significant               proper. Lockyer (1999) stated the use of
                                                  that the genetic split likely occurs                    shape differences in skulls among these               tooth ultrastructure alone ‘‘is not
                                                  somewhere within the Kattegat Sea.                      six geographic areas. There were no                   sufficient to allow an individual animal
                                                  This study obtained generally strong                    significant differences between males                 to be assigned to a particular
                                                  agreement between independent data                      and females or sampling seasons within                management unit.’’ Thus, her results are
                                                  from microsatellite and mitochondrial                   any of the samples. Their results                     not informative alone and should be
                                                  haplotypes, providing robust support for                indicate a morphometric segregation of                combined with other studies when
                                                  this genetic transition zone in the                     harbor porpoises within the Belt Seas/                helping to delineate a population
                                                  Kattegat Sea.                                           Inner Baltic Sea. However, this study                 structure. The tooth ultrastructure study
                                                     Based on the best available genetic                  stands alone in differentiating this fine             does not align with genetic and other
                                                  data, there is evidence that the harbor                 population structuring within the Baltic              information, since it differentiates a
                                                  porpoise is weakly diverged between                     region, as the weight of genetic and                  finer scale than is supported by the
                                                  the North Sea and the Baltic region past                other skull information does not support              weight of available information.
                                                  Kattegat and south/eastward into the                    the same conclusion.                                  Therefore, we do not find this
                                                  Baltic Sea.                                               The weight of available skull                       information persuasive.
                                                                                                          information aligns with genetic
                                                  Skull Comparison Information                                                                                  Conclusion Regarding Discreteness
                                                                                                          information in that it differentiates
                                                     Skull comparisons of harbor                          North Sea harbor porpoises of both                       After combining the weight of
                                                  porpoises in the Baltic Region have also                sexes from those in the Baltic region.                evidence from genetic, skull,
                                                  been used to explore morphological                      Available skull information provides                  contaminant, and tooth studies we
                                                  evidence for population structure. The                  evidence of a finer population structure
                                                  weight of available skull information                                                                         conclude that there is a discrete
                                                                                                          within the Baltic region for females, but             subpopulation of harbor porpoises in
                                                  aligns with genetic information in that                 not for males. This difference provides
                                                  it differentiates North Sea harbor                                                                            the Baltic region (from the Kattegat Sea,
                                                                                                          evidence of exchange of male, but not                 at the genetic break found by Wiemann
                                                  porpoises of both sexes from those in                   female, individuals between and among
                                                  the Baltic region. A finer population                                                                         et al. (2010), eastward into and
                                                                                                          the Baltic region and the North Sea. One              including the Baltic Sea proper).
                                                  structure is seen for females within the                skull study was able to detail a fine
                                                  Baltic region, but this same skull                                                                            Although there are shared haplotypes
                                                                                                          population structure for both sexes                   among harbor porpoises in the Baltic
                                                  differentiation is not seen in males.                   within the Baltic region, but the weight
                                                     Skull studies support the genetic                                                                          region and evidence of some male
                                                                                                          of other available evidence does not                  movement to suggest that a certain level
                                                  information indicating a genetic break,                 support such a conclusion.
                                                  or transition zone, between the North                                                                         of gene flow exists within the Baltic
                                                  Sea and the Baltic region. Non-metric                   Contaminant Profile Information                       region, the repeated evidence of
                                                  (not measured) skull characters of                        A few studies have distinguished                    statistically significant genetic
                                                  harbor porpoises from the North Sea                     North Sea or Skagerrak harbor porpoises               divergence from North Sea/Skagerrak
                                                  and Baltic Sea are found to differ (both                from the rest of the Baltic region based              samples guides our conclusion that this
                                                  sexes; Kinze 1990, Huggenberger et al.                  on contaminant levels and patterns.                   can be considered a discrete
                                                  2000). In addition, harbor porpoise skull               Bruhn et al. (1997; 1999) analyzed                    subpopulation. Available information
                                                  measurements are different between the                  blubber samples in harbor porpoises                   on skull measurements and contaminant
                                                  North Sea and Baltic Sea (both sexes;                   from the German North Sea, Baltic Sea                 studies supports our conclusion based
                                                  Kinze, 1985, 1990; Borjesson and                        proper, and off the west coast of                     on genetic information, since these
                                                  Berggren, 1997; Huggenberger et al.,                    Greenland. Clear differences existed                  studies also differentiate North Sea/
                                                  2000; Galatius et al., 2012).                           between the Baltic Sea proper and North               Skagerrak harbor porpoises from those
                                                     Some skull studies achieved a finer-                 Sea animals for certain contaminants.                 in the Baltic region. Lockyer’s (1999)
                                                  scale geographic resolution of harbor                   Berggren et al. (1999) found that mature              study differentiated tooth structure
                                                  porpoises in the Baltic region. However,                males in the Swedish part of the Baltic               among harbor porpoises from the North
                                                  the statistical results of these studies are            Sea had significantly different                       Sea, Skagerrak, Kattegat, Inner Danish
                                                  more robust in females than in males,                   contamination patterns of                             waters, and the Baltic Sea; however, she
                                                  suggesting male migration and mixing                    polychlorinated biphenyls (PCBs) than                 caveats that this must be combined with
                                                  between areas (Huggenberger et al.,                     animals from the Swedish Kattegat and                 other supporting information, and we
                                                  2002). Borjesson and Berggren (1997)                    Skagerrak coasts and from western                     did not find that the weight of other
                                                  examined harbor porpoise skulls from                    Norway. This information is consistent                available information supports her
                                                  the Baltic Sea proper and the Kattegat                  with genetic information to show                      proposed population structure. The
                                                  and Skagerrak Seas and their statistical                population differences between the                    weight of all evidence favors our
                                                  analyses showed geographically-                         North Sea and Baltic region.                          conclusion of a population split at the
                                                                                                                                                                Kattegat Sea.
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                                                  relevant differences in skull characters
                                                  between females from the Baltic Sea                     Tooth Ultrastructure Information                         Since we determined that there is a
                                                  proper and the Kattegat and Skagerrak                     Tooth ultrastructure in the harbor                  discrete Baltic region subpopulation, we
                                                  Seas, but not the same for males; five of               porpoise has been examined to                         next determine whether the discrete
                                                  16 skull characters were significantly                  differentiate between porpoises from                  population is significant to the taxon.
                                                  different in female samples, whereas                    different regions. Lockyer (1999) found               From this point forward in the
                                                  one of 16 skull characters significantly                different characteristics in tooth layers,            document, we define the Baltic harbor
                                                  differed in male samples.                               which may be genetic in origin or                     porpoise subpopulation as beginning at


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                                                                                Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices                                                  15563

                                                  the Kattegat inward (south/east) to and                 distribution have revealed shared                     addition, we did not find much
                                                  including the Baltic Sea proper.                        haplotypes throughout the region, even                discussion in the available literature
                                                                                                          across the Kattegat ‘transition zone’                 about how differences in skull character
                                                  Significance
                                                                                                          (Tiedemann et al., 1996; Wang and                     for harbor porpoises may relate to
                                                    The identified discrete Baltic                        Berggren, 1997; Wiemann et al., 2010).                adaptation to a particular prey item.
                                                  subpopulation does not persist in an                    In Wiemann et al. (2010), an abrupt shift             Most of these skull studies attempt to
                                                  ecological setting unusual or unique for                in microsatellite haplotype distribution              delineate a population structure without
                                                  the taxon. Differences seen in harbor                   was observed between the North Sea                    testing the attachment of particular skull
                                                  porpoise morphological characteristics                  and Baltic region past the Kattegat Sea,              distinctions or characteristics.
                                                  (skull and tooth analyses) may be                       but the two most abundant haplotypes
                                                  related to differences in environment,                                                                        Conclusion Regarding Significance
                                                                                                          only differ by a single point mutation.
                                                  but available information is not                        No physical barrier exists between the                  In conclusion, we find that the Baltic
                                                  informative enough at this point to link                Kattegat and the North Sea, porpoises                 harbor porpoise subpopulation, while it
                                                  these characteristics to distinct habitats              are known to move long distances                      may be discrete, does not meet any
                                                  or specific adaptations at present. The                 (Teilmann et al., 2009), and evidence                 factors under the significance criterion.
                                                  habitat utilization reported for the Baltic             suggests that genetic connectivity can                As such, we conclude that the Baltic
                                                  harbor porpoise does not differ from                    occur among harbor porpoises separated                harbor porpoise subpopulation is not a
                                                  general descriptions of the species’                    thousands of kilometers in the North                  DPS as defined by our joint DPS Policy.
                                                  habitat preference. They are found in                   Atlantic (Tolley et al., 1999; Fontaine et
                                                  the shallow coastal areas of the Baltic                                                                       Finding
                                                                                                          al., 2007). So, while the weak
                                                  region and their preference for shallow                 divergence (separating the North Sea                    We find that the Baltic harbor
                                                  water calving and nursing does not                      from the Baltic region) is well                       porpoise subpopulation does not meet
                                                  differ from the general preference of the               supported, continued genetic exchange,                the DPS Policy criteria for qualifying as
                                                  species. The opportunistic feeding                      connectivity, and ongoing reproduction                a DPS. Therefore, listing the petitioned
                                                  nature of the Baltic harbor porpoise also               among animals throughout the region is                entity under the ESA is not warranted.
                                                  does not show it to persist in a unique                 likely.                                               References Cited
                                                  ecological setting. They target high lipid                 There is no evidence that the
                                                  content fish to fulfill large energetic                 identified discrete Baltic subpopulation                 A complete list of all references cited
                                                  requirements, similar to the general                    represents the only surviving natural                 in this notice can be found on our Web
                                                  preference of the species.                              occurrence of a taxon that may be more                site and is available upon request (see
                                                    There are insufficient data to                        abundant elsewhere as an introduced                   ADDRESSES).
                                                  conclude that loss of the identified                    population outside its historical range.              Authority
                                                  discrete Baltic subpopulation would                     Harbor porpoises are historically
                                                  result in a significant gap in the range                                                                        The authority for this action is the
                                                                                                          widespread in the northern hemisphere.
                                                  of the taxon. The Baltic subpopulation                  As stated previously, within the North                Endangered Species Act of 1973, as
                                                  comprises only a small geographic area                  Atlantic subspecies, genetic studies                  amended (16 U.S.C. 1531 et seq.).
                                                  in the total range of the species and                   differentiate harbor porpoises between                  Dated: March 18, 2015.
                                                  even the subspecies. There are                          the Eastern and Western Atlantic, with                Samuel D. Rauch, III,
                                                  purported to be around ten other                        some level of mixing. The Baltic                      Deputy Assistant Administrator for
                                                  subpopulations in the North Atlantic                    subpopulation does not represent the                  Regulatory Programs, National Marine
                                                  (Tolley et al., 1999) and other harbor                  only surviving natural occurrence of a                Fisheries Service.
                                                  porpoise populations in the North                       taxon that may be more abundant                       [FR Doc. 2015–06749 Filed 3–23–15; 8:45 am]
                                                  Pacific and Black Sea. Additionally,                    elsewhere as an introduced population                 BILLING CODE 3510–22––P
                                                  available information reveals movement                  outside its historical range, as there are
                                                  and some level of gene flow throughout                  clearly many other existing natural
                                                  the Baltic region through evidence of                   populations.                                          DEPARTMENT OF COMMERCE
                                                  shared haplotypes, which is discussed                      There is no evidence that the
                                                  further below. Although there are                       identified discrete Baltic population                 National Institute of Standards and
                                                  caveats to determining the exact level of               differs markedly from other populations               Technology
                                                  mixing between the North Sea and                        of the species in its genetic
                                                  Baltic region (and vice versa), there is                characteristics. The attachment of skull              Synthetic Biology Standards
                                                  evidence to show at least some level of                 characters to unique environments or                  Consortium—Kick-off Workshop
                                                  mixing, such that a loss of the Baltic                  conditions would show evidence of                     AGENCY: National Institute of Standards
                                                  subpopulation would not lead to a                       adaptive genetic characteristics;                     & Technology (NIST), Department of
                                                  significant gap in the range of the taxon.              however, the available harbor porpoise                Commerce.
                                                  There is evidence of continued                          skull information from the Baltic region              ACTION: Notice of public workshop.
                                                  admixture and gene flow between these                   does not definitively attach characters to
                                                  regions. This gene flow may be                          environmental connections to show that                SUMMARY:   NIST announces the
                                                  sustained by the high dispersal capacity                any skull differences are adaptive. One               Synthetic Biology Standards
                                                  and movement of these animals, and the                  harbor porpoise skull study suggests                  Consortium (SBSC)—Kick-off Workshop
                                                  lack of obvious physical barriers                       that skull morphology could be attached               to be held on Tuesday March 31, 2015
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                                                  between the regions.                                    to particular environments or conditions              from 9 a.m.–4:30 p.m. Pacific time. The
                                                    While multiple studies confirm                        (Galatius et al., 2012). However, this is             SBSC will be convened as a standards
                                                  divergence between individuals from                     not supported by the weight of genetic                setting consortium focused on the
                                                  the North Sea and those inhabiting the                  evidence and is not even supported by                 shared standards development needs of
                                                  Baltic region past the Kattegat Sea, the                other skull analyses, as they did not test            consortium participants. It will provide
                                                  absolute extent of divergence is                        adaptive skull characteristics and attach             safe harbor for collaborative work
                                                  consistently weak. For instance, all                    them to local or unique environmental                 through the formation of technical
                                                  analyses of mitochondrial haplotype                     conditions in the Baltic region. In                   standards-setting working groups.


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Document Created: 2015-12-18 11:45:07
Document Modified: 2015-12-18 11:45:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of 12-month Finding.
DatesThis finding was made on March 24, 2015.
ContactHeather Coll, NMFS, Office of Protected Resources, (301) 427-8455.
FR Citation80 FR 15557 
RIN Number0648-XD56

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