81 FR 14820 - Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Proposed Revision of Species-Wide Listing

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 53 (March 18, 2016)

Page Range		14820-14821
FR Document		2016-06116

We, NMFS, in collaboration with Federal and state partners, have drafted a monitoring plan (MP) for the distinct population segments (DPSs) of humpback whale (Megaptera novaeangliae) that we did not propose to list as threatened or endangered under the Endangered Species Act of 1973, as amended (ESA), in our proposed revision of the species-wide listing. This document announces the availability of the draft MP and opens a 30-day public comment period on it.

Federal Register, Volume 81 Issue 53 (Friday, March 18, 2016)

[Federal Register Volume 81, Number 53 (Friday, March 18, 2016)]
[Proposed Rules]
[Pages 14820-14821]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06116]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

RIN 0648-XC751


Endangered and Threatened Species; Identification of 14 Distinct 
Population Segments of the Humpback Whale (Megaptera novaeangliae) and 
Proposed Revision of Species-Wide Listing

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

ACTION: Proposed rule; notice of availability of monitoring plan and 
opening of comment period.

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SUMMARY: We, NMFS, in collaboration with Federal and state partners, 
have drafted a monitoring plan (MP) for the distinct population 
segments (DPSs) of humpback whale (Megaptera novaeangliae) that we did 
not propose to list as threatened or endangered under the Endangered 
Species Act of 1973, as amended (ESA), in our proposed revision of the 
species-wide listing. This document announces the availability of the 
draft MP and opens a 30-day public comment period on it.

DATES: Comments must be received by April 18, 2016.

ADDRESSES: Send comments to Marta Nammack, National ESA Listing 
Coordinator, NMFS Headquarters. You may submit comments, identified by 
FDMS Docket Number NOAA-NMFS-2015-0035 by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Hand-delivery: National ESA Listing Coordinator, Protected 
Resources Office, NMFS, 1315 East-West Highway, Room 13536, Silver 
Spring, MD 20910.
     Mail: NMFS, 1315 East-West Highway, Room 13536, Silver 
Spring, MD 20910.
    All comments received are a part of the public record and will 
generally be posted to http://www.regulations.gov without change. All 
Personal Identifying Information (for example, name, address, etc.) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit Confidential Business Information or otherwise sensitive or 
protected information. NMFS will accept anonymous comments (enter N/A 
in the required fields, if you wish to remain anonymous). Attachments 
to electronic comments will be accepted in Microsoft Word, Excel, 
WordPerfect, or Adobe PDF file formats only.
    The draft MP, along with the proposed revision of the humpback 
whale species-wide listing (80 FR 22304; April 21, 2015) and the 
Biological Review Team's Status Review Report (Bettridge et al., 2015) 
upon which the proposed revision relies upon can be found on the NMFS 
Web site at: http://nmfs.noaa.gov/pr/.

FOR FURTHER INFORMATION CONTACT: Marta Nammack, Office of Protected 
Resources, Silver Spring, MD (301) 427-8469.

SUPPLEMENTARY INFORMATION: 

Background

    On April 21, 2015, we published a proposal to divide the globally 
listed endangered humpback whale into 14 DPSs, remove the current 
species-level listing, and in its place list 2 DPSs as endangered and 2 
DPSs as threatened. The remaining 10 DPSs were not proposed for listing 
because we determined that they are not threatened or endangered under 
the ESA.
    Section 4(g)(1) of the ESA requires that NMFS: ``. . . implement a 
system in cooperation with the States to monitor effectively for not 
less than five years the status of all species which have recovered to 
the point at which the measures provided pursuant to this Act [the ESA] 
are no longer necessary and which, in accordance with the provisions of 
this section, have been removed from either of the lists published 
under subsection (c).'' General guidance for monitoring plan 
development is provided by recommendations jointly developed by the 
U.S. Fish and Wildlife Service and NMFS (USFWS and NMFS 2008). This 
guidance, called the ``Post-Delisting Monitoring Plan Guidance,'' 
clarified that: ``The primary goal of PDM is to monitor the species to 
ensure the status does not deteriorate, and if a substantial decline in 
the species . . . or an increase in threats is detected, to take 
measures to halt the decline so that re-proposing it as a threatened or 
endangered species is not needed.'' Although our determination that 
certain DPSs of humpback whale no longer qualify for listing is not 
technically a ``delisting,'' for the reasons explained in the proposed 
listing rule, we find that it is appropriate to monitor the status of 
the populations that will no longer be listed if the proposed rule is 
finalized. This is consistent with the intent of section 4(g)(1) of the 
Act. 16 U.S.C. 1533(g)(1). The Post-Delisting Monitoring Plan guidance 
thus guides us in our development of a monitoring plan for those 
humpback whale DPSs.
    Pursuant to ESA section 4(g)(1), we have drafted a MP for the 
humpback whale DPSs that we did not propose to list as threatened or 
endangered.

Public Comments Solicited

    We are notifying the public of the availability of a draft MP and 
providing the public an opportunity to submit comments on the draft MP 
for 30 days. The comment period shall be limited to 30 days because the 
statutory deadline for our final listing determination on the proposed 
rule is April 21, 2016, and we must finalize the MP by this date, too. 
We will consider all comments we receive during the comment period and 
incorporate suggestions, as appropriate, before finalizing the MP. 
Please submit

[[Page 14821]]

any comments to the ADDRESSES listed above.

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

     Dated: March 14, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-06116 Filed 3-17-16; 8:45 am]
 BILLING CODE 3510-22-P

14820 Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules

Area specified in § 648.80(a)(1), persons drafted a monitoring plan (MP) for the endangered humpback whale into 14
aboard a charter or party fishing vessel distinct population segments (DPSs) of DPSs, remove the current species-level
permitted under this part, and not humpback whale (Megaptera listing, and in its place list 2 DPSs as
fishing under the NE multispecies DAS novaeangliae) that we did not propose endangered and 2 DPSs as threatened.
program or on a sector trip, may not fish to list as threatened or endangered The remaining 10 DPSs were not
for or possess any haddock from March under the Endangered Species Act of proposed for listing because we
1 through April 14. 1973, as amended (ESA), in our determined that they are not threatened
(3) April 15 through April 30. Each proposed revision of the species-wide or endangered under the ESA.
person on a charter or party fishing listing. This document announces the Section 4(g)(1) of the ESA requires
vessel permitted under this part, and availability of the draft MP and opens a that NMFS: ‘‘. . . implement a system
not fishing under the NE multispecies 30-day public comment period on it. in cooperation with the States to
DAS program or on a sector trip, fishing DATES: Comments must be received by monitor effectively for not less than five
from April 15 through April 30, may April 18, 2016. years the status of all species which
possess no more than 15 haddock per ADDRESSES: Send comments to Marta have recovered to the point at which the
day in, or harvested from, the EEZ when Nammack, National ESA Listing measures provided pursuant to this Act
fishing in the GOM Regulated Mesh Coordinator, NMFS Headquarters. You [the ESA] are no longer necessary and
Area specified in § 648.80(a)(1). may submit comments, identified by which, in accordance with the
(iii) For purposes of counting fish, FDMS Docket Number NOAA–NMFS– provisions of this section, have been
fillets will be converted to whole fish at 2015–0035 by any of the following removed from either of the lists
the place of landing by dividing the methods: published under subsection (c).’’
number of fillets by two. If fish are • Electronic Submissions: Submit all General guidance for monitoring plan
filleted into a single (butterfly) fillet, electronic public comments via the development is provided by
such fillet shall be deemed to be from Federal eRulemaking Portal http:// recommendations jointly developed by
one whole fish. www.regulations.gov. Follow the the U.S. Fish and Wildlife Service and
(iv) Haddock harvested in or from the instructions for submitting comments. NMFS (USFWS and NMFS 2008). This
EEZ by private recreational fishing boats • Hand-delivery: National ESA guidance, called the ‘‘Post-Delisting
or charter or party boats with more than Listing Coordinator, Protected Monitoring Plan Guidance,’’ clarified
one person aboard may be pooled in one Resources Office, NMFS, 1315 East- that: ‘‘The primary goal of PDM is to
or more containers. Compliance with West Highway, Room 13536, Silver monitor the species to ensure the status
the possession limit will be determined Spring, MD 20910. does not deteriorate, and if a substantial
by dividing the number of fish on board • Mail: NMFS, 1315 East-West decline in the species . . . or an
by the number of persons on board. If Highway, Room 13536, Silver Spring, increase in threats is detected, to take
there is a violation of the possession MD 20910. measures to halt the decline so that re-
limit on board a vessel carrying more All comments received are a part of proposing it as a threatened or
than one person, the violation shall be the public record and will generally be endangered species is not needed.’’
deemed to have been committed by the posted to http://www.regulations.gov Although our determination that certain
owner or operator of the vessel. without change. All Personal Identifying DPSs of humpback whale no longer
(v) Haddock must be stored so as to Information (for example, name, qualify for listing is not technically a
be readily available for inspection. address, etc.) voluntarily submitted by ‘‘delisting,’’ for the reasons explained in
* * * * * the commenter may be publicly the proposed listing rule, we find that
[FR Doc. 2016–06179 Filed 3–17–16; 8:45 am] accessible. Do not submit Confidential it is appropriate to monitor the status of
BILLING CODE 3510–22–P Business Information or otherwise the populations that will no longer be
sensitive or protected information. listed if the proposed rule is finalized.
NMFS will accept anonymous This is consistent with the intent of
DEPARTMENT OF COMMERCE comments (enter N/A in the required section 4(g)(1) of the Act. 16 U.S.C.
fields, if you wish to remain 1533(g)(1). The Post-Delisting
National Oceanic and Atmospheric
anonymous). Attachments to electronic Monitoring Plan guidance thus guides
Administration
comments will be accepted in Microsoft us in our development of a monitoring
Word, Excel, WordPerfect, or Adobe plan for those humpback whale DPSs.
50 CFR Parts 223 and 224
PDF file formats only. Pursuant to ESA section 4(g)(1), we
RIN 0648–XC751 The draft MP, along with the have drafted a MP for the humpback
proposed revision of the humpback whale DPSs that we did not propose to
Endangered and Threatened Species; whale species-wide listing (80 FR list as threatened or endangered.
Identification of 14 Distinct Population 22304; April 21, 2015) and the
Segments of the Humpback Whale Biological Review Team’s Status Review Public Comments Solicited
(Megaptera novaeangliae) and Report (Bettridge et al., 2015) upon We are notifying the public of the
Proposed Revision of Species-Wide which the proposed revision relies upon availability of a draft MP and providing
Listing can be found on the NMFS Web site at: the public an opportunity to submit
AGENCY: National Marine Fisheries http://nmfs.noaa.gov/pr/. comments on the draft MP for 30 days.
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: The comment period shall be limited to
Atmospheric Administration (NOAA), Marta Nammack, Office of Protected 30 days because the statutory deadline
Commerce. Resources, Silver Spring, MD (301) 427– for our final listing determination on the
ACTION: Proposed rule; notice of 8469. proposed rule is April 21, 2016, and we
availability of monitoring plan and SUPPLEMENTARY INFORMATION: must finalize the MP by this date, too.
opening of comment period. We will consider all comments we
Background receive during the comment period and
SUMMARY: We, NMFS, in collaboration On April 21, 2015, we published a incorporate suggestions, as appropriate,
with Federal and state partners, have proposal to divide the globally listed before finalizing the MP. Please submit

VerDate Sep<11>2014 16:28 Mar 17, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 E:\FR\FM\18MRP1.SGM 18MRP1

$Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules 14821 any comments to the ADDRESSES listed Dated: March 14, 2016. above. Donna S. Wieting, Authority: 16 U.S.C. 1531 et seq. Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016–06116 Filed 3–17–16; 8:45 am] BILLING CODE 3510–22–P asabaliauskas on DSK3SPTVN1PROD with PROPOSALS VerDate Sep<11>2014 16:28 Mar 17, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4702 Sfmt 9990 E:\FR\FM\18MRP1.SGM 18MRP1$

Document Created: 2018-02-02 15:13:47
Document Modified: 2018-02-02 15:13:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; notice of availability of monitoring plan and opening of comment period.
Dates		Comments must be received by April 18, 2016.
Contact		Marta Nammack, Office of Protected Resources, Silver Spring, MD (301) 427-8469.
FR Citation		81 FR 14820
RIN Number		0648-XC75
CFR Citation		50 CFR 223 50 CFR 224

81 FR 14820 - Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Proposed Revision of Species-Wide Listing

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 53 (March 18, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration