[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54275-54276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25925]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 051299C]


Marine Mammals; Gray Whale Research and Monitoring

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

ACTION: Notice of report availability.

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SUMMARY: NMFS conducted a review of the status of the Eastern North 
Pacific stock of gray whales (Eschrichtius robustus), sometimes 
referred to as the ``California'' stock, at a workshop held by the 
National Marine Mammal Laboratory (NMML) in Seattle, Washington, on 
March 16-17, 1999. Based on the continued growth of this population 
(rising at 2.5 percent annually; currently at an estimated 26,600 
individuals), and the lack of evidence of any imminent threats to the 
stock, workshop participants agreed to continue this stock's 
classification as non-threatened. They also concluded that abundance 
monitoring should continue at some level and that, ideally, research 
should continue on human impacts to critical habitats. This stock's 
annual migrations along the highly populated coastline of the western 
United States and their concentration in limited winter and summer 
areas may make them particularly vulnerable to impacts from commercial 
or industrial development or local catastrophic events. The Western 
North Pacific (``Korean'') gray whale stock has not recovered and 
should continue to be listed as endangered.
    This workshop and status review conclude the 5-year assessment of 
the Eastern North Pacific gray whale stock following its June 16, 1994, 
removal from the List of Endangered and Threatened Wildlife and Plants 
(List). Since completion of the status review,

[[Page 54276]]

the increased gray whale stranding rate has continued. NMFS is 
currently investigating these mortalities independent of the already 
concluded status review process and will issue a report in 2000.

ADDRESSES: A copy of the Status Review is available by writing to Donna 
Wieting, Acting Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Hwy, Silver Spring MD 20910-
3282 or by telephoning the individual listed (see FOR FURTHER 
INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301-
713-2055.

SUPPLEMENTARY INFORMATION: Under the Marine Mammal Protection Act (16 
U.S.C. 1361 et seq.; the MMPA), NMFS has jurisdiction over most marine 
mammal species, including whales. Under section 4(a) of the Endangered 
Species Act (16 U.S.C. 1531 et seq.; the ESA) and 50 CFR part 424, NMFS 
makes determinations as to whether a species should be listed as 
endangered or threatened, or whether it should be reclassified or 
removed from the List. Accordingly, NMFS has conducted comprehensive 
evaluations of the status of the Eastern North Pacific gray whale 
stock. The first review was conducted in 1984, followed by another 
review in 1990 (56 FR 29471, June 27, 1991). These evaluations were 
conducted in terms of factors contained in section 4(a)(1) of the ESA 
for listing and delisting actions. The best available abundance 
estimate (21,296; CV = 6.05%; 95% CI = 18,900 to 24,000) and average 
annual rate of increase (3.29%; SE = 0.44%) indicated that this stock 
no longer met the standards for classification as an endangered 
species. An extensive public comment period was provided (56 FR 58869, 
November 22, 1991). On 7 January 1993 (58 FR 3121), NMFS published a 
final notice of determination that this whale stock had recovered to 
near its estimated pre-exploitation population size. Although 
individual and cumulative impacts might have the potential to adversely 
affect these whales, it was determined that this stock was neither in 
danger of extinction throughout all or a significant portion of its 
range, nor was it likely to again become endangered within the 
foreseeable future. NMFS determined, therefore, that the Eastern North 
Pacific stock of gray whales should no longer be considered endangered. 
On June 3, 1994, NMFS announced the availability of a draft plan (A 5-
year Plan for Research and Monitoring of the Eastern North Pacific 
Population of Gray Whales) to review and comment on the research 
pertinent to this decision to delist gray whales, as required under 
section 4(g) of the ESA. Effective June 16, 1994 (59 FR 31094), as a 
result of NMFS' determination, the U.S. Fish and Wildlife Service 
(USFWS) removed this whale stock from the List under the ESA. 
Concurrent with that action, NMFS amended the list of endangered 
species under its jurisdiction (50 CFR part 222), removing the Eastern 
North Pacific gray whale stock. Abundance and trends in the 
population's growth were sufficient to allow this stock to be removed 
from the List without going through an interim consideration period as 
a threatened stock.
    Changes to the listing of the Eastern North Pacific gray whale 
stock did not affect the fact that the Western North Pacific 
(``Korean'') gray whale stock has not recovered and should continue to 
be considered endangered.
    A workshop was convened by NMFS at NMML in Seattle, Washington, on 
March 16-17, 1999, to review the status of the Eastern North Pacific 
stock of gray whales based on research conducted during the 5-year 
period following the delisting of this stock. The workshop followed 
guidelines outlined in the NMFS 5-year Plan to conduct the status 
review and recommend whether to (1) continue the monitoring program for 
an additional 5-year period; (2) terminate the monitoring program; or 
(3) consider changing the status of the gray whale under the ESA. The 
28 invited participants determined that this stock was neither in 
danger of extinction, nor was it likely to again become endangered 
within the foreseeable future, according to the determining factors 
listed in section 4(a)(1) of the ESA. Therefore, there was no apparent 
reason to reverse the previous decision to delist this stock from the 
List. There was a consensus among participants that this stock of gray 
whales should continue to be monitored for an additional 5-year period 
(1999-2004).
    Canada's Committee on the Status of Endangered Wildlife in Canada 
lists the ``Northeast Pacific population'' of gray whale as ``not at 
risk.'' This is the lowest category for animals in their classification 
system, which also includes vulnerable, threatened, endangered, 
extirpated, and extinct.
    Although the Eastern North Pacific stock of gray whales no longer 
receives protection under the ESA, it continues to be protected under 
the MMPA, and subsistence take is managed under quotas set by the 
International Whaling Commission. The delisting of this stock does not 
in any way alter the status of the still endangered Western North 
Pacific (``Korean'') stock of gray whales. There is no allowable 
commercial take of any gray whales, and the Convention on the 
International Trade in Endangered Species regulates the transportation 
of animal parts. Furthermore, if there is evidence of a significant 
negative decline and research indicates that such a change would be 
warranted, this stock can be proposed to be listed again as threatened 
or endangered under the ESA.
    This review concludes the 5-year status review required by section 
4(g)(1) of the ESA, that commenced on June 16,
    1994 (59 FR 31094), when the USFWS removed this whale stock from 
the List.

    Dated: September 29, 1999.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 99-25925 Filed 10-5-99; 8:45 am]
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