[Federal Register Volume 59, Number 115 (Thursday, June 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14113]


[[Page Unknown]]

[Federal Register: June 16, 1994]


_______________________________________________________________________

Part XI

Department of the Interior
Fish and Wildlife Service

50 Part 17

Department of Commerce
National Oceanic and Atmospheric Administration
_______________________________________________________________________



50 CFR Part 222



Endangered and Threatened Wildlife and Plants; Remove the Eastern North 
Pacific Population of the Gray Whale From the List of Endangered 
Wildlife; Final Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 101-8AC38

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 222

[Docket No. 921233-2333; I.D. 011394B]

 

Endangered and Threatened Wildlife and Plants; Final Rule to 
Remove the Eastern North Pacific Population of the Gray Whale From the 
List of Endangered Wildlife

AGENCIES: Fish and Wildlife Service (Service), Interior, and National 
Marine Fisheries Service (NMFS), National Oceanic and Atmospheric 
Administration (NOAA), Commerce.

ACTION: Final rule.

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

SUMMARY: The Service is amending the List of Endangered and Threatened 
Wildlife and Plants (List) by revising the entry for the gray whale 
(Eschrichtius robustus) to remove the eastern North Pacific 
(California) population from the List while retaining the western North 
Pacific (Korean) population as endangered. In addition, the NMFS is 
amending its list of endangered species under NMFS jurisdiction. These 
actions correspond to a determination by NMFS, and concurrence by the 
Service, that the eastern North Pacific population of the gray whale 
should be removed from the List. The eastern North Pacific population 
has recovered to near its estimated original population size and is 
neither in danger of extinction throughout all or a significant portion 
of its range, nor likely to again become endangered within the 
foreseeable future throughout all or a significant portion of its 
range. The Service and NMFS believe that the western North Pacific gray 
whale population, which is geographically isolated from the eastern 
population, has not recovered and should remain listed as endangered.

EFFECTIVE DATE: June 16, 1994.

ADDRESSES: The complete file for this rule is available for inspection, 
by appointment, during normal business hours, at the Office of 
Protected Resources, National Marine Fisheries Service, 1335 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of 
Protected Resources, at the above NMFS address (telephone 301/713-
2055), or Jamie Rappaport Clark, Chief, Division of Endangered Species, 
U.S. Fish and Wildlife Service, ARLSQ-452, Washington, D.C. 20240 
(telephone 703/358-2171).

SUPPLEMENTARY INFORMATION: The Endangered Species Act (Act) of 1973, as 
amended (16 U.S.C. 1531 et seq.), is administered jointly by the 
Service and NMFS. NMFS has jurisdiction over most marine species, 
including whales, and makes determinations under section 4(a) of the 
Act as to whether a species should be listed as endangered or 
threatened. Reclassification of listed species from endangered to 
threatened and removal of species from the List require concurrence by 
the Service with the NMFS determination. The Service maintains and 
publishes the List, codified at 50 CFR 17.11 and 17.12, for all species 
determined by the Service or NMFS to be endangered or threatened.
    On January 7, 1993 (58 FR 3121), NMFS published a final notice of 
determination that the eastern North Pacific (California) stock 
(population) of gray whale has recovered to near its estimated original 
population size and, while individual and cumulative impacts may have 
the potential to adversely affect the eastern population, that 
population is neither in danger of extinction throughout all or a 
significant portion of its range, nor likely to again become endangered 
within the foreseeable future throughout all or a significant portion 
of its range. NMFS determined, therefore, that the eastern North 
Pacific population of the gray whale should be removed from the List 
under the Act. NMFS also determined that the western North Pacific gray 
whale stock, which is geographically isolated from the eastern 
population, has not recovered and should remain listed as endangered.
    NMFS conducted a comprehensive evaluation of the status of the 
species in terms of the factors contained in section 4(a)(1) of the Act 
for listing and delisting actions, and provided an extensive public 
comment period on its proposed determination (56 FR 58869; November 22, 
1991). The Service has reviewed the complete administrative record 
regarding this action and finds that the determination is well based 
and concurs that the eastern North Pacific population should be removed 
from the List. Therefore, in accordance with section 4(a)(2) of the 
Act, the Service is amending the List by revising the entry for the 
gray whale to remove the eastern North Pacific (California) population, 
while retaining the western North Pacific (Korean) population as 
endangered. A list of endangered species under the jurisdiction of NMFS 
is contained in 50 CFR part 222. Therefore, concurrent with the 
Service's regulatory action, NMFS is amending Sec. 222.23(a) to 
correspond with the amendment of Sec. 17.11(h).
    This final rule is issued under 50 CFR parts 17 and 222 and is not 
subject to Office of Management and Budget review under E.O. 12866. 
Because this rule implements a determination previously subject to 
notice and comment and will relieve an existing restriction, the 
Service Director and the Assistant Administrator for Fisheries, NOAA, 
under section 553(b)(B) and (d) of the Administrative Procedure Act (5 
U.S.C. 553 et seq.), for good cause, find that it is unnecessary to 
provide additional notice and public comment on this rule or to delay 
for 30 days its effective date.

National Environmental Policy Act

    The Service has determined that an Environmental Assessment, as 
defined under the authority of the National Environmental Policy Act 
(NEPA) of 1969, need not be prepared in connection with regulations 
adopted pursuant to section 4(a) of the Act, as amended. A notice 
outlining the reasons for this determination was published by the 
Service in the Federal Register on October 25, 1983 (48 FR 49244).
    As amended in 1982 (Public Law 97-304), the Act, in section 
4(b)(1)(A), restricts the information that may be considered when 
assessing species for listing. Based on this limitation of criteria for 
a listing decision and the opinion in Pacific Legal Foundation v. 
Andrus, 657 F.2d 829 (6th Cir., 1981), NMFS has categorically excluded 
all endangered species listings from environmental assessment 
requirements of NEPA (48 FR 4413, February 6, 1984).

List of Subjects in 50 CFR Parts 17 and 222

    Endangered and threatened species, Exports, Imports, Reporting and 
recordkeeping requirements, and Transportation.

Regulations Promulgation

    Accordingly, part 17, subchapter B of chapter I, and part 222, 
subchapter C of chapter II, title 50 of the Code of Federal 
Regulations, are amended as set forth below:

PART 17--[AMENDED]

    1. The authority citation for part 17 continues to read as follows:

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 
4201-4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    2. Section 17.11(h) is amended by revising the table entry for 
``Whale, gray'' in the ``Species'' column under the heading for MAMMALS 
to read as follows:


Sec. 17.11  Endangered and threatened wildlife.

* * * * *
    (h) * * * 

--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Species                                                    Vertebrate population                                                  
----------------------------------------------------      Historic range          where endangered or      Status    When listed    Critical    Special 
       Common name              Scientific name                                       threatened                                    habitat      rules  
--------------------------------------------------------------------------------------------------------------------------------------------------------
         Mammals                                                                                                                                        
                                                                                                                                                        
                                                                                                                                                        
                                                                      * * * * * * *                                                                     
Whale, gray..............  Eschrichtius robustus...  North Pacific Ocean:      Entire, except eastern    E                 3,536           NA         NA
                                                      coastal and adjacent      North Pacific Ocean:                                                    
                                                      seas. Formerly North      coastal and Bering,                                                     
                                                      Atlantic Ocean.           Beaufort, and Chukchi                                                   
                                                                                Seas.                                                                   
                                                                                                                                                        
                                                                     * * * * * * *                                                                      
--------------------------------------------------------------------------------------------------------------------------------------------------------

PART 222--ENDANGERED FISH OR WILDLIFE

    1. The authority citation for part 222 continues to read as 
follows:

    Authority: 16 U.S.C. 1531-1544.


Sec. 222.23  [Amended]

    2. Section 222.23(a) is amended by removing the words ``Gray whale 
(Eschrichtius robustus (glaucus, gibbosus))'' in the second sentence 
and adding in their place the words ``Western North Pacific (Korean) 
gray whale (Eschrichtius robustus)''.

    Dated: February 28, 1994.
Mollie H. Beattie,
Director, U.S. Fish and Wildlife Service, Department of the Interior.
    Dated: March 9, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-14113 Filed 6-15-94; 8:45 am]
BILLING CODE 4310-55-P