Notice2022-12461
Endangered and Threatened Species; Notice of Availability of an Interim Report on Post-Delisting Monitoring of Nine Distinct Population Segments of Humpback Whales and Notice of Intent To Prepare a Recovery Plan for the Central America, Mexico, and Western North Pacific Distinct Population Segments of Humpback Whales
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Published
June 9, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is announcing the availability of an interim report for the post-delisting monitoring of nine distinct population segments (DPSs) of humpback whales (Megaptera novaeangliae). NMFS is also announcing its intent to prepare a recovery plan for three DPSs of humpback whales and requests information from the public. The Endangered Species Act (ESA) requires NMFS to develop a system to monitor the status of all species that have been recovered and removed from the lists of threatened and endangered species. The available interim report references the post-delisting monitoring plan that was developed for the nine humpback whale DPSs that are not listed as threatened or endangered. This interim report consolidates and evaluates available monitoring data from several-year intervals to summarize the best available information regarding the status of the nine non-listed humpback whale DPSs. The ESA also generally requires NMFS to develop plans for the conservation and survival of federally listed species, i.e., recovery plans. The current species-wide recovery plan originally prepared in 1991 will be replaced by a new recovery plan specific to the endangered Western North Pacific DPS, the endangered Central America DPS, and the threatened Mexico DPS of humpback whales. We request submission of any information on these DPSs of humpback whales, particularly information on the status, threats, and recovery of the DPSs that has become available since the listing status was revised in 2016 and was not considered as part of the critical habitat designation in 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 111 (Thursday, June 9, 2022)</title>
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[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35178-35179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12461]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB888]
Endangered and Threatened Species; Notice of Availability of an
Interim Report on Post-Delisting Monitoring of Nine Distinct Population
Segments of Humpback Whales and Notice of Intent To Prepare a Recovery
Plan for the Central America, Mexico, and Western North Pacific
Distinct Population Segments of Humpback Whales
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for information.
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SUMMARY: NMFS is announcing the availability of an interim report for
the post-delisting monitoring of nine distinct population segments
(DPSs) of humpback whales (Megaptera novaeangliae). NMFS is also
announcing its intent to prepare a recovery plan for three DPSs of
humpback whales and requests information from the public. The
Endangered Species Act (ESA) requires NMFS to develop a system to
monitor the status of all species that have been recovered and removed
from the lists of threatened and endangered species. The available
interim report references the post-delisting monitoring plan that was
developed for the nine humpback whale DPSs that are not listed as
threatened or endangered. This interim report consolidates and
evaluates available monitoring data from several-year intervals to
summarize the best available information regarding the status of the
nine non-listed humpback whale DPSs. The ESA also generally requires
NMFS to develop plans for the conservation and survival of federally
listed species, i.e., recovery plans. The current species-wide recovery
plan originally prepared in 1991 will be replaced by a new recovery
plan specific to the endangered Western North Pacific DPS, the
endangered Central America DPS, and the threatened Mexico DPS of
humpback whales. We request submission of any information on these DPSs
of humpback whales, particularly information on the status, threats,
and recovery of the DPSs that has become available since the listing
status was revised in 2016 and was not considered as part of the
critical habitat designation in 2021.
DATES: To allow us adequate time to conduct this review, we must
receive
[[Page 35179]]
your information no later than July 11, 2022.
ADDRESSES: You may submit information on this document, identified by
NOAA-NMFS-2022-0039, by the following method:
<bullet> Electronic Submission: Submit electronic information via
the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter
NOAA-NMFS-2022-0039 in the Search box. Click on the ``Comment'' icon,
complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the specified
period, might not be considered. All comments received are a part of
the public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: Caroline Good by phone at (301) 427-
8445 or <a href="/cdn-cgi/l/email-protection#783b190a171411161d563f17171c3816171919561f170e"><span class="__cf_email__" data-cfemail="06456774696a6f68632841696962466869676728616970">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In 2016, NMFS revised the listing status of
the humpback whale under the ESA. The globally listed endangered
species was divided into 14 DPSs, the species-level listing was
removed, and NMFS listed four DPSs as endangered and one DPS as
threatened (81 FR 62260, September 8, 2016). Under section 4(g) of the
ESA, and joint guidance from NMFS and U.S. Fish and Wildlife Service,
NMFS is to monitor, for a minimum of five years, any species delisted
due to its recovery (guidance is available at: <a href="https://media.fisheries.noaa.gov/dam-migration/final_pdm_guidance-fws_and_nmfs-updated_7-2-18_508_compliant.pdf">https://media.fisheries.noaa.gov/dam-migration/final_pdm_guidance-fws_and_nmfs-updated_7-2-18_508_compliant.pdf</a>). Although nine DPSs of humpback
whales no longer qualified for listing and thus were technically not
``delisted'', for the reasons explained in the ESA listing final rule,
NMFS considered it appropriate to monitor the status of the populations
that were no longer listed.
As a result, in 2016, NMFS implemented a 10-year plan to carry out
the required monitoring for nine DPSs of humpback whales: the Hawai'i,
West Indies, Brazil, West Australia, East Australia, Southeastern
Pacific, Oceania, Southeast Africa/Madagascar, and Gabon/Southwest
Africa DPSs (available at <a href="https://www.fisheries.noaa.gov/resource/document/monitoring-plan-nine-distinct-population-segments-humpback-whale-megaptera">https://www.fisheries.noaa.gov/resource/document/monitoring-plan-nine-distinct-population-segments-humpback-whale-megaptera</a>). This notice announces the availability of an interim
report, which provides an evaluation of available monitoring data from
2017 to 2021 and summarizes the best available information regarding
the status of the nine non-listed humpback whale DPSs. The interim
report is available online at <a href="https://www.fisheries.noaa.gov/species/humpback-whale#conservation-management">https://www.fisheries.noaa.gov/species/humpback-whale#conservation-management</a> or upon request from the NMFS
Office of Science and Technology.
NMFS is required by section 4(f) of the ESA to develop and
implement recovery plans for the conservation and survival of federally
listed species unless the Secretary finds that such a plan will not
promote the conservation of the species. Recovery means improvement in
the status of listed species to the point at which the protections of
the ESA are no longer necessary. Section 4(f)(1)(B) of the ESA
specifies that recovery plans must include, to the maximum extent
practicable: (i) a description of such site-specific management actions
as may be necessary to achieve the plan's goal for the conservation and
survival of the species; (ii) objective, measurable criteria which when
met, would result in a determination that the species be removed from
the list; and (iii) estimates of the time required and the cost to
carry out those measures needed to achieve the plan's goal and to
achieve intermediate steps toward that goal.
NMFS previously determined that a recovery plan would not promote
the conservation of the Arabian Sea and Cape Verde Islands/Northwest
Africa DPSs (Memorandum for Chris Oliver, Assistant Administrator for
Fisheries, from Donna Wieting, Director, Office of Protected Resources
(Sep. 12, 2019) (regarding Cape Verde/Northwest Africa DPS); Memorandum
for Chris Oliver, Assistant Administrator for Fisheries, from Donna
Wieting, Director, Office of Protected Resources (Dec. 11, 2019)
(regarding Arabian Sea DPS)). This notice announces our intent to
replace the species-wide humpback whale recovery plan with a new plan
specific to the endangered Western North Pacific DPS, the endangered
Central America DPS, and the threatened Mexico DPS. In the interim, the
recovery strategy for these DPSs will be guided by the existing
species-wide plan and a new DPS-specific recovery outline under
development. Critical habitat was designated for these DPSs in 2021 (86
FR 21082, April 21, 2021).
Background information on the species is available on the NMFS
website at: <a href="https://www.fisheries.noaa.gov/species/humpback-whale">https://www.fisheries.noaa.gov/species/humpback-whale</a>.
Public Solicitation of New Information
Section 4(f)(4) of the ESA requires that public notice and an
opportunity for public review and comment be provided prior to final
approval of a new or revised recovery plan. Further, section 4(f)(5)
mandates that all information presented during the public comment
period is considered prior to implementing a new or revised recovery
plan. To ensure that recovery plan development 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 Western North
Pacific, Mexico, and Central America DPSs of humpback whale. Such
information should address: (a) criteria for removing these whales from
the lists of threatened and endangered species; (b) factors that are
presently limiting, or threaten to limit, the survival of these
humpback whales distinct population segments; (c) actions to address
limiting factors and threats; (d) estimates of time and cost to
implement recovery actions; and (e) research, monitoring, and
evaluation needs. Upon completion, the draft recovery plan will be
available for public review and comment through the publication of a
Federal Register Notice.
If you wish to provide information for review, you may submit your
information and materials electronically (see ADDRESSES section). We
request that all information be accompanied by supporting documentation
such as maps, bibliographic references, or reprints of pertinent
publications.
Authority: 16 U.S.C. 1531 et seq.
Dated: June 3, 2022.
Angela Somma,
Division Chief, Endangered Species Conservation Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2022-12461 Filed 6-8-22; 8:45 am]
BILLING CODE 3510-22-P
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