[Federal Register Volume 66, Number 99 (Tuesday, May 22, 2001)]
[Proposed Rules]
[Pages 28141-28142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12876]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 226

[Docket No. 010501108-1108-01; I.D. 040401A]


Endangered and Threatened Species; Finding for a Petition to 
Designate Critical Habitat for the Bering Sea Stock of Bowhead Whales

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

ACTION: Notice of receipt of petition and petition finding.

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

SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
receipt of a petition to designate critical habitat for the Western 
Arctic stock of bowhead whales, Balaena mysticetus, under the 
Endangered Species Act of 1973 (ESA), as amended. NMFS has determined 
that the petition presents substantial scientific information 
indicating that this action may be warranted, and is soliciting public 
comment and information on the petition.

DATES: NMFS is soliciting public comment on the action through August 
20, 2001.

ADDRESSES: Written comments concerning this petition should be 
submitted to Donna Wieting, Chief, Marine Mammal Division, Office of 
Protected Resources, Silver Spring, MD, 20910. Comments will not be 
accepted if submitted via e-mail or internet.

FOR FURTHER INFORMATION CONTACT: Mr. Brad Smith, NMFS, Alaska Regional 
Office, 222 West 7th Avenue, Anchorage, Alaska 99517, telephone (907) 
271-5006 or fax (907) 271-3030, or Mr. Michael Payne, NMFS, Alaska 
Regional Office, P.O. Box 21668, Juneau, Alaska 99802, telephone (907) 
586-7235 or fax (907) 586-7012.

SUPPLEMENTARY INFORMATION:

Background

    On February 22, 2000, the Center for Biological Diversity, 
Berkeley, CA, and the Marine Biodiversity Protection Center, Canyon, 
CA, petitioned NMFS to designate critical habitat for the Western 
Arctic stock of bowhead whales. The area petitioned for critical 
habitat includes the Beaufort Sea off Alaska's North Slope between 
Point Barrow and the Canadian border, from mean high tide to 
approximately 170 kilometers offshore. The petition was accepted under 
5 U.S.C 553 (e).
    The bowhead whale was listed as endangered on June 2, 1970, prior 
to the addition of critical habitat requirements in the ESA, on 
November 10, 1978. NMFS must evaluate petitions to designate critical 
habitat for pre-1978 listed species pursuant to 5 U.S.C. 553 (e) under 
the Administrative Procedure Act (APA). 5 U.S.C. 553 (e) provides that 
``each agency shall give an interested person the right to petition for 
the issuance, amendment or repeal of a rule''.
    NMFS initially responded to the petition on December 14, 2000, with 
a letter that, at that time, deferred determination on whether the 
subject action may be warranted pending completion of several on-going 
studies or scheduled research efforts. NMFS has now determined that the 
petition presents substantial information

[[Page 28142]]

indicating that the designation may be warranted. A copy of the 
petition is available upon request (see ADDRESSES).
    NMFS will conduct a review to determine if the petitioned action to 
designate critical habitat is warranted. The determination will be made 
on the best available scientific data and the economic impacts of any 
such designation. A notice of finding will be published in the Federal 
Register and, if the action is warranted, a regulation to implement the 
action will be proposed.
    Bowhead whale stocks were severely depleted by commercial whaling 
in previous centuries. Estimates of historic bowhead abundance vary but 
today the Western Arctic stock is estimated at approximately 8000 
whales. Many individuals in this population migrate annually from 
wintering grounds in the Bering Sea north into the Beaufort Sea where 
the whales spend the summer. It is this summering area that the 
petitioners recommend for critical habitat designation.
    Bowhead whales encounter potential threats from several human 
activities in the area including subsistence harvest, fishery 
interactions and industrial development. A subsistence harvest of 
bowhead whales continues today with Alaska and Canada Natives taking an 
average of 49 whales (including those struck and lost) each year 
between 1994 and 1996. The subsistence harvest is considered 
sustainable and the population of the Western Arctic stock has 
increased in recent years. No records of a bowhead whale mortality 
related to fishery interaction exist but the whales are known to 
occasionally become entangled in fishing gear.
    The petitioners assert that action is needed to halt the 
degradation of bowhead habitat in the Beaufort sea. The petitioners 
cite the future proliferation of oil and gas development and associated 
industrial activity as the main threat to the bowheads' habitat. 
Further, they cite increases in noise, vessel traffic, seismic 
exploration, drilling and construction as having the potential to 
elevate threats to bowhead whales in the region. The petitioners assert 
that such activity also brings a greater risk of pollution from oil 
spills, waste (toxic and non-toxic) and noise proliferation.
    NMFS intends to hold public meetings on this petition and will 
inform the petitioners and public as to their location and time in a 
following notice. NMFS will also keep the petitioners and public 
informed as to the progress of the review. At this time NMFS is 
soliciting information and comments concerning the petition to ensure 
that the review is complete and is based on the best available 
information. We request that the information and comments be 
accompanied by (1) supporting documentation such as maps, biological 
references or reprints of pertinent publications and (2) the name, 
address and associations, institution, or business that the person 
represents.

    Authority: 16 U.S.C. 1531, et seq.

    Dated: May 17, 2001.
William T. Hogarth,
Acting Administrator for Fisheries, National Marine Fisheries Service.
[FR Doc. 01-12876 Filed 5-21-01; 8:45 am]
BILLING CODE 3510-22-S