81 FR 49957 - Endangered and Threatened Species; Initiation of 5-Year Review for North Atlantic Right Whale

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 146 (July 29, 2016)

NMFS announces a 5-year review of the North Atlantic right whale (Eubalaena glacialis) 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 the North Atlantic right whale that has become available since the last 5-year review in 2012. Based on the results of this 5- year review, we will make the requisite determination under the ESA.

[Federal Register Volume 81, Number 146 (Friday, July 29, 2016)]
[Notices]
[Pages 49957-49958]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18004]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE699


Endangered and Threatened Species; Initiation of 5-Year Review 
for North Atlantic Right Whale

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: NMFS announces a 5-year review of the North Atlantic right 
whale (Eubalaena glacialis) 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 the North Atlantic right whale that has become available 
since the last 5-year review in 2012. 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 October 27, 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-2016-0092 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-2016-0092 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: Therese Conant, NMFS Office of 
Protected Resources, 1315 East-West Highway, Silver Spring, MD. 20910.
    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: Michael J. Asaro, NMFS Protected 
Resources Division, Greater Atlantic Region, 978-282-8469.

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 North Atlantic 
right whale currently listed as endangered.
    Background information on the North Atlantic right whale is 
available on the NMFS Office of Protected Species Web site at: http://www.fisheries.noaa.gov/pr/species/mammals/whales/north-atlantic-right-whale.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 the North Atlantic right 
whale. 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; and (6) 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.

[[Page 49958]]

    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: July 26, 2016.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2016-18004 Filed 7-28-16; 8:45 am]
 BILLING CODE 3510-22-P