81_FR_4280 81 FR 4264 - Endangered and Threatened Species; Initiation of 5-Year Review for Southern Resident Killer Whales

81 FR 4264 - Endangered and Threatened Species; Initiation of 5-Year Review for Southern Resident Killer Whales

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 16 (January 26, 2016)

Page Range4264-4265
FR Document2016-01400

We, NMFS, announce a 5-year review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act of 1973, as amended (ESA). The purpose of these reviews is to ensure that the listing classification of a species is accurate. The 5-year review will be based on the best scientific and commercial data available at the time of the review; therefore, we request submission of any such information on Southern Resident killer whales that has become available since their original listing as endangered in November 2005 or since the previous 5-year review completed in 2011. Based on the results of this 5-year review, we will make the requisite determination under the ESA.

Federal Register, Volume 81 Issue 16 (Tuesday, January 26, 2016) 
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4264-4265]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01400]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE355


Endangered and Threatened Species; Initiation of 5-Year Review 
for Southern Resident Killer Whales

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

ACTION: Notice of initiation of 5-year review; request for information.

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SUMMARY: We, NMFS, announce a 5-year review of Southern Resident killer 
whales (Orcinus orca) under the Endangered Species Act of 1973, as 
amended (ESA). The purpose of these reviews is to ensure that the 
listing classification of a species is accurate. The 5-year review will 
be based on the best scientific and commercial data available at the 
time of the review; therefore, we request submission of any such 
information on Southern Resident killer whales that has become 
available since their original listing as endangered in November 2005 
or since the previous 5-year review completed in 2011. Based on the 
results of this 5-year review, we will make the requisite determination 
under the ESA.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than April 25, 2016. However, we will 
continue to accept new information about any listed species at any 
time.

ADDRESSES: You may submit information on this document identified by 
NOAA-NMFS-2016-0006 by either of the following methods:
     Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the Federal e-Rulemaking Portal, first click the 
``submit a comment'' icon, then enter NOAA-NMFS-2016-0006 in the 
keyword search. Locate the document you wish to comment on from the 
resulting list and click on the ``Submit a Comment'' icon on the right 
of that line.
     Mail or hand-delivery: Lynne Barre, NMFS West Coast 
Region, 7600 Sand Point Way NE., Seattle, WA 98115.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will 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).

FOR FURTHER INFORMATION CONTACT: Lynne Barre, West Coast Regional 
Office, 206-526-4745.

[[Page 4265]]


SUPPLEMENTARY INFORMATION: Under the ESA, the U.S. Fish and Wildlife 
Service maintains a list of endangered and threatened wildlife and 
plant species at 50 CFR 17.11 (for animals and 17.12 (for plants). 
Section 4(c)(2)(A) of the ESA requires that we conduct a review of 
listed species at least once every five years. On the basis of such 
reviews under section 4(c)(2)(B), we determine whether or not any 
species should be delisted or reclassified from endangered to 
threatened or from threatened to endangered. Delisting a species must 
be supported by the best scientific and commercial data available and 
only considered if such data substantiates that the species is neither 
endangered nor threatened for one or more of the following reasons: (1) 
The species is considered extinct; (2) the species is considered to be 
recovered; and/or (3) the original data available when the species was 
listed, or the interpretation of such data, were in error. Any change 
in Federal classification would require a separate rulemaking process. 
The regulations in 50 CFR 424.21 require that we publish a notice in 
the Federal Register announcing those species currently under active 
review. This notice announces our active review of the Southern 
Resident killer whale distinct population segment (DPS) currently 
listed as endangered (70 FR 69903; November 18, 2005).
    Background information on Southern Resident killer whales including 
the endangered listing, critical habitat designation, recovery planning 
and protective regulations is available on the NMFS West Coast Region 
Web site at http://www.westcoast.fisheries.noaa.gov/. Below is a brief 
list of several significant actions since the endangered listing of the 
Southern Resident killer whale DPS. Critical habitat was designated in 
November 2006 (71 FR 69054) and includes 2,560 square miles (6,630 sq 
km) of marine habitat in Haro Strait and waters around the San Juan 
Islands, Puget Sound, and the Strait of Juan de Fuca. The final 
Recovery Plan was released in January 2008 (73 FR 4176), and contains 
detailed information on status, threats and recovery actions for 
Southern Residents. Regulations to protect Southern Resident killer 
whales from vessel effects were released in April 2011 (76 FR 20870). A 
five year review was completed in 2011 and concluded that no change was 
needed to the endangered status (NMFS 2011). In 2014 we released a 
report summarizing research and recovery efforts over the last 10 
years. The report and other supporting documents and media are 
available on our Web site at http://www.nwfsc.noaa.gov/news/features/killer_whale_report/index.cfm. In 2015 Southern Resident killer whales 
were named as a Species in the Spotlight, one of eight species among 
the most at risk of extinction in the near future. For more information 
on the Species in the Spotlight program, please visit our Web site at 
http://www.nmfs.noaa.gov/stories/2015/05/05_14_15species_in_the_spotlight.html.

Determining if a Species Is Threatened or Endangered

    Section 4(a)(1) of the ESA requires that we determine whether a 
species is endangered or threatened based on one or more of the five 
following factors: (1) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Section 4(b) also requires that our 
determination be made on the basis of the best scientific and 
commercial data available after taking into account those efforts, if 
any, being made by any State or foreign nation, to protect such 
species.

Public Solicitation of New Information

    To ensure that the 5-year review is complete and based on the best 
available scientific and commercial information, we are soliciting new 
information from the public, governmental agencies, Tribes, the 
scientific community, industry, environmental entities, and any other 
interested parties concerning the status of Southern Resident killer 
whales. The 5-year review considers the best scientific and commercial 
data and all new information that has become available since the 
listing determination or most recent status review. Categories of 
requested information include: (1) Species biology including, but not 
limited to, population trends, distribution, abundance, demographics, 
and genetics; (2) habitat conditions including, but not limited to, 
amount, distribution, and important features for conservation; (3) 
status and trends of threats; (4) conservation measures that have been 
implemented that benefit the species, including monitoring data 
demonstrating effectiveness of such measures; (5) need for additional 
conservation measures or updates to the Recovery Plan, (6) adequacy of 
the recovery criteria, including information on recovery criteria that 
have or have not been met; and (7) other new information, data, or 
corrections including, but not limited to, taxonomic or nomenclatural 
changes, identification of erroneous information contained in the list 
of endangered and threatened species, and improved analytical methods 
for evaluating extinction risk.
    Any new information will be considered during the 5-year review and 
may also be useful in evaluating the ongoing recovery program for 
Southern Resident killer whales. For example, information on 
conservation measures will assist in tracking implementation of actions 
in the Recovery Plan. Habitat information received during the 5-year 
review process may also be useful in our consideration of a revision to 
the designated critical habitat for Southern Resident killer whales. In 
February 2015, we published a 12-month finding notice on a petition 
requesting that we revise critical habitat (80 FR 9682). The 12-month 
finding describes how we intend to proceed with the requested revision 
and lays out a timeline. The critical habitat designation process is 
separate from this 5-year review and will include a separate 
opportunity for public comment.
    If you wish to provide information for this 5-year review, you may 
submit your information and materials electronically or via mail (see 
ADDRESSES section). We request that all information be accompanied by 
supporting documentation such as maps, bibliographic references, or 
reprints of pertinent publications. We also would appreciate the 
submitter's name, address, and any association, institution, or 
business that the person represents; however, anonymous submissions 
will also be accepted.

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

    Dated: January 20, 2016.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2016-01400 Filed 1-25-16; 8:45 am]
BILLING CODE 3510-22-P

4264 Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices Unique Entity Identifier and System for application preparation costs if this whales (Orcinus orca) under the for Award Management (SAM): program fails to receive funding or is Endangered Species Act of 1973, as Pursuant to 2 CFR part 25, applicants cancelled because of agency priorities. amended (ESA). The purpose of these and recipients (as the case may be) are Publication of this notice and the reviews is to ensure that the listing required to: (i) Be registered in SAM corresponding FFO does not oblige classification of a species is accurate. before submitting its application; (ii) NIST or DoC to award any specific The 5-year review will be based on the provide a valid unique entity identifier project or to obligate any available best scientific and commercial data in its application; and (iii) continue to funds. available at the time of the review; maintain an active SAM registration Other Administrative and National therefore, we request submission of any with current information at all times Policy Requirements: Additional such information on Southern Resident during which it has an active Federal administrative and national policy killer whales that has become available award or an application or plan under requirements are set forth in section since their original listing as endangered consideration by a Federal awarding VI.2 of the corresponding FFO. in November 2005 or since the previous agency, unless otherwise excepted from Executive Order 12866: This funding 5-year review completed in 2011. Based these requirements pursuant to 2 CFR notice was determined to be not on the results of this 5-year review, we 25.110. NIST will not make a Federal significant for purposes of Executive will make the requisite determination award to an applicant until the Order 12866. under the ESA. applicant has complied with all Executive Order 13132 (Federalism): DATES: To allow us adequate time to applicable unique entity identifier and It has been determined that this notice conduct this review, we must receive SAM requirements. If an applicant has does not contain policies with your information no later than April 25, not fully complied with the federalism implications as that term is 2016. However, we will continue to requirements by the time that NIST is defined in Executive Order 13132. accept new information about any listed ready to make a Federal award pursuant Executive Order 12372: Proposals species at any time. to this notice and the corresponding under this program are not subject to FFO, NIST may determine that the ADDRESSES: You may submit Executive Order 12372, applicant is not qualified to receive a ‘‘Intergovernmental Review of Federal information on this document identified Federal award and use that Programs.’’ by NOAA–NMFS–2016–0006 by either determination as a basis for making a Administrative Procedure Act/ of the following methods: Federal award to another applicant. Regulatory Flexibility Act: Notice and • Electronic submission: Submit all Paperwork Reduction Act: The comment are not required under the electronic public comments via the standard forms in the application kit Administrative Procedure Act (5 U.S.C. Federal e-Rulemaking Portal involve a collection of information 553) or any other law, for matters www.regulations.gov. To submit subject to the Paperwork Reduction Act. relating to public property, loans, comments via the Federal e-Rulemaking The use of Standard Forms 424, 424A, grants, benefits or contracts (5 U.S.C. Portal, first click the ‘‘submit a 424B, SF–LLL, and CD–346 have been 553(a)). Moreover, because notice and comment’’ icon, then enter NOAA– approved by OMB under the respective comment are not required under 5 NMFS–2016–0006 in the keyword Control Numbers 0348–0043, 0348– U.S.C. 553, or any other law, for matters search. Locate the document you wish 0044, 0348–0040, 0348–0046, and 0605– relating to public property, loans, to comment on from the resulting list 0001. MEP program-specific application grants, benefits or contracts (5 U.S.C. and click on the ‘‘Submit a Comment’’ requirements have been approved by icon on the right of that line. 553(a)), a Regulatory Flexibility OMB under Control Number 0693–0056. • Mail or hand-delivery: Lynne Barre, Analysis is not required and has not Notwithstanding any other provision NMFS West Coast Region, 7600 Sand of the law, no person is required to been prepared for this notice, 5 U.S.C. 601 et seq. Point Way NE., Seattle, WA 98115. respond to, nor shall any person be Instructions: Comments must be subject to a penalty for failure to comply Richard R. Cavanagh, submitted by one of the above methods with, a collection of information subject Director, Special Programs Office. to ensure that the comments are to the requirements of the Paperwork [FR Doc. 2016–01405 Filed 1–25–16; 8:45 am] received, documented, and considered Reduction Act, unless that collection of BILLING CODE 3510–13–P by NMFS. Comments sent by any other information displays a currently valid method, to any other address or OMB Control Number. Certifications Regarding Federal individual, or received after the end of DEPARTMENT OF COMMERCE the comment period, may not be Felony and Federal Criminal Tax Convictions, Unpaid Federal Tax considered. All comments received are National Oceanic and Atmospheric Assessments and Delinquent Federal a part of the public record and will Administration Tax Returns. In accordance with Federal generally be posted for public viewing appropriations law, an authorized RIN 0648–XE355 on www.regulations.gov without change. representative of the selected All personal identifying information Endangered and Threatened Species; (e.g., name, address, etc.) submitted applicant(s) may be required to provide Initiation of 5-Year Review for certain pre-award certifications voluntarily by the sender will be Southern Resident Killer Whales publicly accessible. Do not submit regarding federal felony and federal criminal tax convictions, unpaid federal AGENCY: National Marine Fisheries confidential business information, or otherwise sensitive or protected mstockstill on DSK4VPTVN1PROD with NOTICES tax assessments, and delinquent federal Service (NMFS), National Oceanic and tax returns. Atmospheric Administration (NOAA), information. NMFS will accept Funding Availability and Limitation Commerce. anonymous comments (enter ‘‘N/A’’ in of Liability: Funding for the program the required fields if you wish to remain ACTION: Notice of initiation of 5-year listed in this notice and the anonymous). review; request for information. corresponding FFO is contingent upon FOR FURTHER INFORMATION CONTACT: the availability of appropriations. In no SUMMARY: We, NMFS, announce a 5-year Lynne Barre, West Coast Regional event will NIST or DoC be responsible review of Southern Resident killer Office, 206–526–4745. VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1

Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Notices 4265 SUPPLEMENTARY INFORMATION: Under the available on our Web site at http://www. information, data, or corrections ESA, the U.S. Fish and Wildlife Service nwfsc.noaa.gov/news/features/killer_ including, but not limited to, taxonomic maintains a list of endangered and whale_report/index.cfm. In 2015 or nomenclatural changes, identification threatened wildlife and plant species at Southern Resident killer whales were of erroneous information contained in 50 CFR 17.11 (for animals and 17.12 (for named as a Species in the Spotlight, one the list of endangered and threatened plants). Section 4(c)(2)(A) of the ESA of eight species among the most at risk species, and improved analytical requires that we conduct a review of of extinction in the near future. For methods for evaluating extinction risk. listed species at least once every five more information on the Species in the Any new information will be years. On the basis of such reviews Spotlight program, please visit our Web considered during the 5-year review and under section 4(c)(2)(B), we determine site at http://www.nmfs.noaa.gov/ may also be useful in evaluating the whether or not any species should be stories/2015/05/05_14_15species_in_ ongoing recovery program for Southern delisted or reclassified from endangered the_spotlight.html. Resident killer whales. For example, to threatened or from threatened to information on conservation measures Determining if a Species Is Threatened will assist in tracking implementation of endangered. Delisting a species must be or Endangered supported by the best scientific and actions in the Recovery Plan. Habitat commercial data available and only Section 4(a)(1) of the ESA requires information received during the 5-year considered if such data substantiates that we determine whether a species is review process may also be useful in our that the species is neither endangered endangered or threatened based on one consideration of a revision to the nor threatened for one or more of the or more of the five following factors: (1) designated critical habitat for Southern following reasons: (1) The species is The present or threatened destruction, Resident killer whales. In February considered extinct; (2) the species is modification, or curtailment of its 2015, we published a 12-month finding considered to be recovered; and/or (3) habitat or range; (2) overutilization for notice on a petition requesting that we the original data available when the commercial, recreational, scientific, or revise critical habitat (80 FR 9682). The species was listed, or the interpretation educational purposes; (3) disease or 12-month finding describes how we of such data, were in error. Any change predation; (4) the inadequacy of existing intend to proceed with the requested in Federal classification would require a regulatory mechanisms; or (5) other revision and lays out a timeline. The separate rulemaking process. The natural or manmade factors affecting its critical habitat designation process is regulations in 50 CFR 424.21 require continued existence. Section 4(b) also separate from this 5-year review and requires that our determination be made will include a separate opportunity for that we publish a notice in the Federal on the basis of the best scientific and public comment. Register announcing those species commercial data available after taking If you wish to provide information for currently under active review. This into account those efforts, if any, being this 5-year review, you may submit your notice announces our active review of made by any State or foreign nation, to information and materials electronically the Southern Resident killer whale protect such species. or via mail (see ADDRESSES section). We distinct population segment (DPS) currently listed as endangered (70 FR Public Solicitation of New Information request that all information be 69903; November 18, 2005). accompanied by supporting To ensure that the 5-year review is documentation such as maps, Background information on Southern complete and based on the best bibliographic references, or reprints of Resident killer whales including the available scientific and commercial pertinent publications. We also would endangered listing, critical habitat information, we are soliciting new appreciate the submitter’s name, designation, recovery planning and information from the public, address, and any association, protective regulations is available on the governmental agencies, Tribes, the institution, or business that the person NMFS West Coast Region Web site at scientific community, industry, represents; however, anonymous http://www.westcoast.fisheries.noaa. environmental entities, and any other submissions will also be accepted. gov/. Below is a brief list of several interested parties concerning the status significant actions since the endangered of Southern Resident killer whales. The Authority: 16 U.S.C. 1531 et seq. listing of the Southern Resident killer 5-year review considers the best Dated: January 20, 2016. whale DPS. Critical habitat was scientific and commercial data and all Angela Somma, designated in November 2006 (71 FR new information that has become Chief, Endangered Species Division, Office 69054) and includes 2,560 square miles available since the listing determination of Protected Resources, National Marine (6,630 sq km) of marine habitat in Haro or most recent status review. Categories Fisheries Service. Strait and waters around the San Juan of requested information include: (1) [FR Doc. 2016–01400 Filed 1–25–16; 8:45 am] Islands, Puget Sound, and the Strait of Species biology including, but not BILLING CODE 3510–22–P Juan de Fuca. The final Recovery Plan limited to, population trends, was released in January 2008 (73 FR distribution, abundance, demographics, 4176), and contains detailed and genetics; (2) habitat conditions DEPARTMENT OF COMMERCE information on status, threats and including, but not limited to, amount, recovery actions for Southern Residents. distribution, and important features for National Oceanic and Atmospheric Regulations to protect Southern conservation; (3) status and trends of Administration Resident killer whales from vessel threats; (4) conservation measures that Submission for OMB Review; effects were released in April 2011 (76 have been implemented that benefit the Comment Request mstockstill on DSK4VPTVN1PROD with NOTICES FR 20870). A five year review was species, including monitoring data completed in 2011 and concluded that demonstrating effectiveness of such The Department of Commerce will no change was needed to the measures; (5) need for additional submit to the Office of Management and endangered status (NMFS 2011). In 2014 conservation measures or updates to the Budget (OMB) for clearance the we released a report summarizing Recovery Plan, (6) adequacy of the following proposal for collection of research and recovery efforts over the recovery criteria, including information information under the provisions of the last 10 years. The report and other on recovery criteria that have or have Paperwork Reduction Act (44 U.S.C. supporting documents and media are not been met; and (7) other new chapter 35). VerDate Sep<11>2014 21:57 Jan 25, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\26JAN1.SGM 26JAN1


Document Created: 2018-02-02 12:37:48
Document Modified: 2018-02-02 12:37:48
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 initiation of 5-year review; request for information.
DatesTo allow us adequate time to conduct this review, we must receive your information no later than April 25, 2016. However, we will continue to accept new information about any listed species at any time.
ContactLynne Barre, West Coast Regional Office, 206-526-4745.
FR Citation81 FR 4264 
RIN Number0648-XE35
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