[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Proposed Rules]
[Page 21578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8689]
[[Page 21578]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 224
[Docket No. 080401502-8537-01]
RIN 0648-XG94
Endangered And Threatened Species; Endangered Status for the Cook
Inlet Beluga Whale
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final determination regarding petitioned action; 6-month
extension.
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SUMMARY: We, NMFS, are extending the date by which a final
determination will be made regarding the April 20, 2007, proposed rule
to list a Distinct Population Segment (DPS) of beluga whale,
Delphinapterus leucas, found in Cook Inlet, Alaska, as endangered under
the Endangered Species Act of 1973, as amended (ESA). We believe that
substantial disagreement exists regarding the population trend, and
that allowing an additional 6 months to obtain the 2008 abundance
estimate would better inform our final determination as to whether the
Cook Inlet beluga whale should be listed as endangered under the ESA.
DATES: A final determination on this listing action will be made no
later than October 20, 2008.
ADDRESSES: The proposed rule, maps, and other materials relating to
this proposal can be found on the NMFS Alaska Region website at http://www.fakr.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Brad Smith, NMFS, 222 West 7th Avenue,
Anchorage, Alaska 99517, (907) 271-5006, fax (907) 271-3030; Kaja Brix,
NMFS, (907) 586-7235, fax (907) 586-7012; or Marta Nammack, NMFS,
(301)713-1401.
SUPPLEMENTARY INFORMATION:
Background
We initiated a Status Review for the Cook Inlet beluga whale on
March 24, 2006 (71 FR 14836). Subsequently, we received a petition from
The Trustees for Alaska to list the Cook Inlet beluga whale as an
endangered species on April 20, 2006. In response to the 2006 petition,
we published a 90-day finding that the petition presented substantial
scientific or commercial information indicating that the petitioned
action may be warranted (71 FR 44614; August 7, 2006). After completion
of the Status Review, we re-affirmed that the Cook Inlet beluga whale
constitutes a Distinct Population Segment under the ESA, and proposed
this population be listed as an endangered species (72 FR 19854; April
20, 2007). We received public comment in response to the proposed rule,
and held public hearings in Anchorage, Homer, and Soldotna, Alaska, and
in Silver Spring, Maryland. We received approximately 180,000 responses
to the proposed listing.
The majority of comments supported listing the Cook Inlet beluga
whale as endangered under the ESA. However, several commenters,
including Alaska Department of Fish and Game, questioned the
sufficiency or accuracy of the available data used in the rulemaking.
We have considered these comments, and we find that substantial
disagreement exists over a certain aspect of the data presented in the
proposed rule. In particular, there remains disagreement over the
population trend of belugas in Cook Inlet, and whether the population
is now demonstrating a positive response to the restrictions on
subsistence harvest imposed in 1999.
Extension of Final Listing Determination
The ESA, section 4(b)(6), requires that we take one of three
actions within 1 year of a proposed listing: (1) finalize the proposed
listing; (2) withdraw the proposed listing; or (3) extend the final
determination by not more than 6 months, if there is substantial
disagreement regarding the sufficiency or accuracy of the available
data relevant to the determination, for the purposes of soliciting
additional data.
The State of Alaska sent a letter to us outlining its disagreement
with the abundance and population trend. The State's letter noted that
the June 2007 count of beluga whales was the largest since 2001,
indicating, in their estimation, that the population is beginning to
recover from the unsustainable harvests in the early 1990s, as had been
predicted by State and Federal biologists. An additional 6 months will
allow us to complete an additional abundance survey in June 2008, which
will provide additional information bearing on the dispute and may be
sufficient to resolve it. The annual aerial survey for beluga whales in
Cook Inlet will be conducted in June 2008, with the analyses that
produce an annual abundance estimate that can be factored into a trend
analysis expected to be completed by the end of September 2008. We
will, therefore, extend the deadline for the final listing
determination to allow for the collection of these data and the
completion of the analysis that forms part of the trend in abundance to
better inform our final decision and potentially resolve the
disagreement over the scientific information upon which it will be
based.
In consideration of the disagreement surrounding the population
trend, we extend the timeline for the final determination for an
additional 6 months (until October 20, 2008) to resolve the scientific
disagreement.
Authority: 16 U.S.C. 1531 et seq.
Dated: April 16, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. E8-8689 Filed 4-21-08; 8:45 am]
BILLING CODE 3510-22-S