83 FR 4032 - Endangered and Threatened Species; Initiation of 5-Year Reviews for the Endangered Fin Whale, Endangered Gray Whale Western North Pacific Distinct Population Segment, and Endangered Sei Whale

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 19 (January 29, 2018)

NMFS announces its intent to conduct 5-year reviews for the endangered fin whale (Baleaenoptera physalus), the endangered gray whale (Eschrichtius robustus) Western North Pacific distinct population segment (DPS), and the endangered sei whale ((Baleaenoptera borealis). NMFS is required by the Endangered Species Act (ESA) to conduct 5-year reviews to ensure that the listing classifications of the species are accurate. The 5-year reviews must be based on the best scientific and commercial data available at the time. We request submission of any such information on the fin whale, gray whale Western North Pacific DPS, and the sei whale, particularly, information on the status, threats, and recovery of the species that has become available since the previous status review for the fin whale in 2011, the gray whale Western North Pacific DPS in 1991, and the sei whale in 2012.

[Federal Register Volume 83, Number 19 (Monday, January 29, 2018)]
[Notices]
[Pages 4032-4033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-01619]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XF974]


Endangered and Threatened Species; Initiation of 5-Year Reviews 
for the Endangered Fin Whale, Endangered Gray Whale Western North 
Pacific Distinct Population Segment, and Endangered Sei Whale

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

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

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

SUMMARY: NMFS announces its intent to conduct 5-year reviews for the 
endangered fin whale (Baleaenoptera physalus), the endangered gray 
whale

[[Page 4033]]

(Eschrichtius robustus) Western North Pacific distinct population 
segment (DPS), and the endangered sei whale ((Baleaenoptera borealis). 
NMFS is required by the Endangered Species Act (ESA) to conduct 5-year 
reviews to ensure that the listing classifications of the species are 
accurate. The 5-year reviews must be based on the best scientific and 
commercial data available at the time. We request submission of any 
such information on the fin whale, gray whale Western North Pacific 
DPS, and the sei whale, particularly, information on the status, 
threats, and recovery of the species that has become available since 
the previous status review for the fin whale in 2011, the gray whale 
Western North Pacific DPS in 1991, and the sei whale in 2012.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than March 30, 2018. 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-2018-0008 by either of the following methods:
     Electronic submission: Submit electronic information via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov. To submit 
information via the e-Rulemaking Portal, first click the ``submit a 
comment'' icon, then enter NOAA-NMFS-2018-0008 in the keyword search. 
Locate the document you wish to respond to from the resulting list and 
click on the ``Submit a Comment'' icon on the right of that line.
     Mail or hand-deliver: Submit written comments to 
Endangered Species Conservation Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13535, Silver Spring, MD 
20910; Attn: Therese Conant.
    Instructions: Information must be submitted by one of the above 
methods to ensure that the information is received, documented, and 
considered by NMFS. Information sent by any other method, to any other 
address or individual, or received after the end of the specified 
period, may not be considered. All information received is 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.), confidential business 
information, or otherwise sensitive or protected information submitted 
voluntarily by the sender will be publicly accessible. NMFS will accept 
anonymous submissions (enter ``N/A'' in the required fields if you wish 
to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Therese Conant at the above address, 
by phone at (916) 930-3627 or [email protected].

SUPPLEMENTARY INFORMATION: This notice announces our active review of 
the fin whale, gray whale Western North Pacific DPS, and sei whale. 
Section 4(c)(2)(A) of the ESA requires that we conduct a review of 
listed species at least once every five years. The regulations in 50 
CFR 424.21 require that we publish a notice in the Federal Register 
announcing species currently under active review. On the basis of such 
reviews under section 4(c)(2)(B), we determine whether a species should 
be delisted or reclassified from endangered to threatened or from 
threatened to endangered. As described by the regulations in 50 CFR 
424.11(d), 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; 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 fin 
whale, gray whale, and sei whale were listed as endangered under the 
ESA on December 2, 1970 (35 FR 18319).
    Background information on the fin whale, gray whale Western North 
Pacific DPS, and sei whale including the endangered listing, is 
available on the NMFS Office of Protected Species website at: https://www.fisheries.noaa.gov/species/fin-whale, https://www.fisheries.noaa.gov/species/gray-whale, https://www.fisheries.noaa.gov/species/sei-whale.

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 conducting a review of the status of 
the species and 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 reviews are complete and based on the 
best available scientific and commercial data, 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 fin whale, gray whale 
Western North Pacific DPS, and the sei whale. 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 and 
improved analytical methods for evaluating extinction risk.
    If you wish to provide information for the 5-year reviews, 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 24, 2018.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2018-01619 Filed 1-26-18; 8:45 am]
 BILLING CODE 3510-22-P