[Federal Register Volume 66, Number 61 (Thursday, March 29, 2001)]
[Notices]
[Page 17150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7799]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 032001A]


Regulations Governing the Taking and Importing of Marine Mammals; 
Threatened and Endangered Wildlife; Gulf of Maine/Bay of Fundy Stock of 
Harbor Porpoise

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

ACTION: Notice of intent to conduct a status review and request for 
information.

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SUMMARY: The National Marine Fisheries Service (NMFS) is initiating a 
status review of the Gulf of Maine/Bay of Fundy stock of harbor 
porpoise (Phocoena phocoena). NMFS solicits information to facilitate 
its review of this stock, which is currently classified as a candidate 
species under the Endangered Species Act (ESA).

DATES: Comments and information must be received by May 1, 2001.

ADDRESSES: Information, comments, or questions concerning the status 
review of the Gulf of Maine/Bay of Fundy stock of harbor porpoise 
should be submitted to Chief, Marine Mammal Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3226.

FOR FURTHER INFORMATION CONTACT: Emily Hanson, Office of Protected 
Resources, (301) 713-2322, ext. 101, or Kim Thounhurst, Northeast 
Region, (978) 281-9138.

SUPPLEMENTARY INFORMATION: The ESA requires determinations of whether 
species of wildlife and plants are endangered or threatened based on 
the best available scientific and commercial data. With some exceptions 
that are not applicable here, NMFS is responsible under the ESA for 
species that reside all or the major portion of their lifetime in 
marine or estuarine waters. The ESA and regulations at 50 CFR 424.02 
define ``species'' as any species or subspecies of fish, wildlife, or 
plant, and any distinct population segment of any vertebrate species 
that interbreeds when mature. The Gulf of Maine/Bay of Fundy stock of 
Harbor Porpoise is on the ESA list of candidate species in order to 
continue to monitor the species' status (64 FR 480, January 5, 1999; 64 
FR 33466, June 23, 1999). NMFS is conducting a review of the status of 
this stock to determine, among other things, if it warrants listing as 
endangered or threatened under the ESA.
    In 1993, NMFS proposed listing the Gulf of Maine/Bay of Fundy stock 
of harbor porpoise as threatened under the ESA (58 FR 3108, January 7, 
1993). That proposed rule reviewed existing information regarding the 
status of the stock and identified mortality and serious injury 
incidental to commercial fishing operations as the only significant 
factor that may be threatening the stock. On January 5, 1999, NMFS 
withdrew that proposed rule (64 FR 465). The notice of withdrawal 
discussed information that had become available since the proposed rule 
and concluded that a Take Reduction Plan, which was prepared in 
accordance with section 118 of the MMPA, contained an adequate 
regulatory mechanism to reduce mortality and serious injury of harbor 
porpoise incidental to commercial fishing operations. Because no other 
factors were identified that would have a significant adverse impact on 
the stock, NMFS determined that listing the Gulf of Maine/Bay of Fundy 
stock of harbor porpoise was not warranted at that time. NMFS 
maintained the stock as a candidate species under the ESA (64 FR 480, 
January 5, 1999; 64 FR 334666, June 23, 1999).
    The status review will give consideration to the current status of 
the Gulf of Maine/Bay of Fundy stock of harbor porpoise, including life 
history, habitat, distribution, abundance, and trends. Additionally, 
the review will consider present or threatened destruction, 
modification, or curtailment of habitat or range; over-utilization for 
commercial, recreational, scientific, or educational purposes (e.g., 
incidental and intentional take, research permits, stranding); disease 
and predation; other natural or anthropogenic factors affecting the 
stock; evaluation of the effectiveness of the Harbor Porpoise Take 
Reduction Plan; and, the need to list harbor porpoise under the ESA.
    This document is not a proposal to list the Gulf of Maine/Bay of 
Fundy stock of harbor porpoise as threatened or endangered. This 
document is a request for information to facilitate a review of the 
status of the species to determine, among other things, whether the 
species should be listed as threatened or endangered. NMFS will make 
the status review and any proposal that results from the review 
available for public comment.

Biological Information Solicited

    To ensure that the review is comprehensive and based on the best 
available data, NMFS is soliciting information and comments from any 
interested person concerning the status of the Gulf of Maine/Bay of 
Fundy stock of harbor porpoise. NMFS is primarily interested in new 
information that has become available since NMFS last determined that 
listing of this stock was not warranted (64 FR 465, January 5, 1999). 
It is requested that data, information, and comments be accompanied by 
(1) supporting documentation, such as maps, logbooks, bibliographic 
reference, personal notes, or reprints of pertinent publications and 
(2) the name of the person submitting the data, his/her address, and 
any association, institution, or business that the person represents.

    Dated: March 23, 2001.
Wanda Cain,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-7799 Filed 3-28-01; 8:45 am]
BILLING CODE 3510-22-S