[Federal Register Volume 68, Number 206 (Friday, October 24, 2003)]
[Proposed Rules]
[Pages 60899-60903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26931]



[[Page 60899]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 031003245-3245-01;I.D. 122702A]
RIN 0648-AR14


Designating the AT1 Group of Transient Killer Whales as a 
Depleted Stock Under the Marine Mammal Protection Act (MMPA)

AGENCY: National Marine Fisheries Service (NMFS), NOAA, Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to designate the AT1 group of transient killer 
whales as a depleted stock of marine mammals pursuant to the MMPA. This 
action is being taken pursuant to a status review conducted by NMFS in 
response to a petition to designate a group of transient killer whales 
in Alaska (known as the AT1 group). The biological evidence indicates 
that the group is a population stock as defined by the MMPA, and the 
stock is depleted as defined by the MMPA.

DATES: Comments and information must be received by January 22, 2004.

ADDRESSES: Comments should be addressed to the Chief, Marine Mammal 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Kaja Brix NOAA/NMFS, Alaska Region, 
(907) 586-7235.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Information related to the petition and the status of the AT1 group 
of killer whales is available on the Internet at the following address: 
http://www.fakr.noaa.gov/protectedresources/whales/default.htm.
    NMFS guidelines for preparing stock assessment reports, which 
contain guidance for identifying population stocks of marine mammals, 
may be found on the Internet at the following address: http://nmml.afsc.noaa.gov/library/gammsrep/gammsrep.htm.

Background

    NMFS received a petition on November 13, 2002, from the National 
Wildlife Federation, on behalf of itself, Alaska Center for the 
Environment, Alaska Community Action on Toxics, Center for Biological 
Diversity, Coastal Coalition, Defenders of Wildlife, and Eyak 
Preservation Council, to designate the AT1 group of transient killer 
whales as a depleted population stock under the MMPA. NMFS published a 
notice that the petition was available (67 FR 70407, November 22, 
2002). After evaluating the petition, NMFS determined that the petition 
contained substantial information indicating that the petitioned action 
may be warranted (68 FR 3483, January 24, 2003). Following its 
determination that the petitioned action may be warranted, NMFS 
conducted a status review to evaluate whether the AT1 group is a 
population stock and, if so, whether that stock is depleted. This 
proposed rule is based upon that status review.
    Killer whales in the Pacific Northwest and Alaska are classified 
into three distinct forms: ``Residents,'' ``transients,'' and 
``offshores.'' All three forms occur in Prince William Sound and the 
Kenai Fjords region of Alaska
    The core of the resident killer whale social structure is the 
matrilineal group, or matriline. A matrilineal group, which may be as 
small as two animals, consists of a female and all her offspring of 
both sexes. Permanent associations of matrilines are termed ``pods''. 
Resident pods of killer whales usually contain 3-52 individuals; 
emigration or immigration occurs only by birth or death (Saulitis, 
2000; Matkin and Saulitis, 1994; Matkin et al., 1999). Breeding by 
resident killer whales typically does not occur within pods but between 
whales from distantly related pods (Barrett-Lennard, 2001). A number of 
associating and potentially interbreeding resident pods may form a 
``population,'' the largest social division. A resident population may 
number in the hundreds and may be distinguished from other populations 
on the basis of genetic or acoustic analysis and association patterns.
    The social structure of transient killer whales is not as well 
understood as that of resident killer whales. Some movement of 
individuals occurs between groups within a population and thus there is 
a lack of clearly defined pods. However, at the population level the 
same separations based on genetic and acoustic analysis and association 
patterns can be made for transients as for residents.
    A definitive characteristic of transient killer whales is that they 
prey on other marine mammals, unlike resident killer whales which 
subsist on fish. Other documented differences between transient and 
resident killer whales include differences in morphology, group size 
(transient groups tend to have fewer whales), social organization, and 
acoustic calls. Transients and residents avoid one another and do not 
interbreed, although rare interactions between transients and residents 
have been observed. Thus, a very small transient group may exist among 
a much larger resident population and remain demographically isolated.
    Recent genetics analysis by Barrett-Lennard (2000) indicate that 
there are three distinct transient killer whale groups present in the 
eastern North Pacific: The West Coast (WC) transients, the Gulf of 
Alaska (GOA) transients and the AT1 transients. These three groups are 
genetically separate but their geographic ranges overlap (Barrett-
Lennard, 2000). The GOA transient group and the AT1 transient group 
exclusively inhabit Alaskan waters. GOA transients are found in the 
waters west of Glacier Bay (as far as Kodiak Island), and occasionally 
enter Prince William Sound. The AT1 transients appear to have a more 
limited range and have only been seen year-round in Prince William 
Sound and the Kenai Fjords region of Alaska (Saulitas et al. 2000). 
Consequently, most members of the AT1 group are resighted every year or 
two. Interactions between members of the different transient killer 
whale groups have not been observed. Genetic evidence indicates they 
have been separate for thousands of years (Barrett-Lennard, 2000) 
although, given the small size of the AT1 group, observed genetic 
differences could have arisen within a few killer whale generations.

The AT1 Group of Transient Killer Whales

    AT1 killer whales have been recognized in Prince William Sound 
since at least 1978 (Leatherwood et al. 1984a, Saulitas 1993). Three 
AT1 whales (AT7, AT15, AT16) were first photographed in 1978; other 
animals were likely not photographed due to the low level of research 
effort in Prince William Sound at that time. In the 1980s, the AT1 
transient group was one of the most frequently encountered killer whale 
groups in Prince William Sound (Matkin et al. 1999). Once a major 
research effort began in Prince William Sound, 20 individuals were 
identified in 1984 (though 2 others were known to be present), 17 in 
1985, and 21 in 1986. All individuals identified prior to 1984 (from 
1978-1983) were seen alive in 1984.
    The AT1 transient group has been sighted year-round in Prince 
William Sound, as well as in Resurrection and Aialik Bays of adjacent 
Kenai Fjords (Saulitis, 2000). While the group is known to have once 
had as many as 22 members, the number of AT1 transient killer whales 
has been reduced by more

[[Page 60900]]

than half since the 1989 Exxon Valdez oil spill (Matkin et al., 1999). 
Only 11 members of the AT1 group have been seen since 1992 and the 
missing 11 members are either known or presumed to be dead (Matkin et 
al. 2000). Two additional males from this group have been confirmed 
dead within the past few summers. The deaths of these two whales 
reduced the known AT1 group to nine individuals. Of the remaining nine 
members, four are female. No new calves have been observed since the 
AT1 group was first recognized in 1984.

Identifying a ``Population Stock'' or ``Stock'' Under the MMPA

    To designate the AT1 group of killer whales as a depleted stock 
under the MMPA, it must be a ``population stock'' or ``stock''. Section 
3(11) of the MMPA defines ``population stock'' or ``stock'' as a group 
of marine mammals of the same species or smaller taxon, in a common 
spatial arrangement, that interbreeds when mature. Under the MMPA, 
population stocks must be identified and stock assessment reports must 
be prepared on the basis of the best scientific information available.
    To interpret this definition fully, the objectives of the MMPA must 
be considered. Section 2(2) of the MMPA (16 U.S.C. 1361(2)(2)) states 
that species and population stocks of marine mammals ``should not be 
permitted to diminish beyond the point at which they cease to be a 
significant functioning element in the ecosystem in which they are a 
part, and, consistent with this major objective, they should not be 
permitted to diminish below their optimum sustainable population.'' 
Further, section 2(6) provides that ``the primary objective of their 
management should be to maintain the health and stability of the marine 
ecosystem. Whenever consistent with this primary objective, it should 
be the goal to obtain an optimum sustainable population, keeping in 
mind the carrying capacity of the habitat.'' Stocks must be identified 
in such a way that is consistent with these goals.
    In interpreting the MMPA's guidance to identify stocks of marine 
mammals, NMFS reviewed legislative guidance related to population 
stocks and consequences for making incorrect decisions in its 
guidelines for preparing marine mammal stock assessment reports (see 
Electronic Access). In these guidelines, NMFS states, ``For the 
purposes of management under the MMPA, a stock is recognized as being a 
management unit that identifies a demographically isolated biological 
population. It is recognized that in practice, defined stocks may fall 
short of this ideal because of a lack of information, or for other 
reasons.'' The guidelines further stated, ``Many types of information 
can be used to identify stocks of a species: distribution and 
movements, population trends, morphological differences, genetic 
differences, contaminants and natural isotope loads, parasite 
differences, and oceanographic habitat differences. Evidence of 
morphological or genetic differences in animals from different 
geographic regions indicates that these populations are reproductively 
isolated. Reproductive isolation is proof of demographic isolation, and 
thus separate management is appropriate when such differences are 
found.'' NMFS considered the following lines of evidence regarding the 
AT1 group of killer whales in proposing this stock determination: 
association information, acoustic and dialect differences, and genetic 
differences between AT1 and other groups of transient killer whales.

Association Information

    The association data, which includes information on the movements 
and distribution of transient killer whales, support the conclusion 
that the AT1 group is discrete from other transient killer whales in 
Alaska. Although the distributions of AT1 killer whales and other 
transient killer whales have limited overlap, the AT1 group of 
transient killer whales does has never been seen moving in association 
with sympatric resident killer whale pods or with other transient 
groups that occasionally use Prince William Sound (Matkin et al. 
1999a).
    Matkin and Saulitis (1994) reported that seven different groups of 
GOA transients have been seen using Prince William Sound, that most of 
the whales in these seven groups were photographed only once, and that 
whales from the GOA transients were usually seen only once in a season. 
The AT1 group is regularly encountered in Prince William Sound and has 
been seen only in Prince William Sound and the Kenai Fjords. Matkin and 
Saulitis (1994) also reported that other transient whales were never 
seen mixing with the AT1 group.

Acoustic Differences

    Acoustic analysis of the calls made by transient killer whales in 
Alaska provides further support for the discreteness of the AT1 
group.Like many species of dolphins, killer whales have developed and 
depend on a complex system of communication and echolocation. 
Scientists have been able to distinguish different populations of 
killer whales by their vocal repertoire, and dialects of some killer 
whale groups have remained constant for more than 25 years (Ford et 
al., 2000).
    The AT1 group has a vocal dialect distinct from that of any 
resident pod or other transient group in the eastern North Pacific 
(Saulitis et al.,1993; Matkin et al., 1999). Researchers have 
identified 14 discrete pulsed calls for the AT1 group in addition to 
echolocation clicks, and only one call produced by the AT1 group is 
similar to any other call used by transient groups between southeast 
Alaska and California (Saulitis, 1993). Under the assumption that the 
acoustic repertoire is learned at a young age and is thought to be 
relatively fixed for life, then the AT1 group has been separate for at 
least a period longer than the oldest individual in the group.

Genetic Relationships

    At this time, NMFS recognizes one stock of transient killer whales, 
the eastern North Pacific stock. However, recent genetic analyses 
indicate that a finer structure exists and that the eastern North 
Pacific stock may consist of up to three stocks.
    The population structure of transients in the North Pacific has 
been investigated by Barrett-Lennard (2000), who identified three 
groups of mammal-eating killer whales using genetics: WC transients, 
GOA transients, and the AT1 transients. Mitochondrial DNA (mtDNA) and 
nuclear DNA analyses indicate that the AT1 group is genetically 
isolated from the other killer whales within the currently defined 
eastern North Pacific transient stock (Barrett-Lennard, 2000; Matkin et 
al., 1999).
    mtDNA: Until recently, the mtDNA haplotype, which is inherited only 
from the mother, found in the AT1 whales has not been found in killer 
whales from other populations (Barrett-Lennard, 2000). The ``AT1 
haplotype'' has recently been found in 4 whales from the Bering Sea 
area, which might suggest that there are individuals closely related to 
the AT1 group that frequent other parts of the North Pacific. However, 
mtDNA haplotypes are often of limited use in determining whether a 
particular individual is a member of a particular population. In 
contrast, mtDNA haplotype frequencies are very useful in describing 
population structure. Since all members of the AT1 group have the so-
called AT1 haplotype, and only a few individuals in the Bering Sea have 
been found to have this haplotype, it is clear that the frequencies are 
quite different, which strongly suggests they are separate populations. 
Preliminary analysis of photographs of the Bering Sea whales

[[Page 60901]]

recently found to have the AT1 haplotype conclusively indicate that 
they are not the ``missing'' whales from the AT1 group.
    Nuclear DNA: Barrett-Lennard (2000) found significant genetic 
differences in nuclear (microsatellite) DNA, which is inherited from 
both parents, among AT1s, GOA transients, and WC transients. In 
particular, the AT1 group sample was found to be the most divergent in 
its microsatellite allele frequencies because they were more divergent 
from the nearby GOA Transients and WC Transients than those groups were 
from each other. The differences between the AT1 group and the other 
groups would be considered ``large'' by most population geneticists.
    In the case of the AT1 group, the high level of divergence from 
other transient killer whale groups might be related to the group's 
very small size. The average level of heterozygosity in the AT1 group 
is approximately 60 percent that of the other transient groups, which 
is consistent with the AT1 group being a small population. For a small 
population the level of genetic difference seen between AT1 killer 
whales and other transient groups could occur relatively quickly 
(perhaps within a few generations; one killer whale generation is 50-
100 years). Regardless of how many generations it took to generate, the 
degree of difference in microsatellite DNA is consistent with current 
demographic isolation between the AT1 group and GOA and WC transients.
    New genetic samples from the northern Gulf of Alaska: Since the 
analyses documented in Barrett-Lennard (2000), the number of biopsy 
samples of transient killer whales from the Gulf of Alaska to the 
Bering Sea has increased substantially. A preliminary analysis of those 
new data (in combination with existing data) was undertaken to clarify 
the relationship between the AT1 group and other transient killer 
whales in Alaska, and these preliminary results were described in the 
report of NMFS' status review on AT1 killer whales The analysis 
indicated that the Umnak killer whale with the AT1 haplotype is not a 
member of the AT1 group nor a member of a closely-related population. 
Furthermore, there was no clear evidence that any of the other 
transient whales sampled in the Gulf of Alaska are closely related to 
the AT1 group.

Alternatives to Explain the Genetic Differences

    The AT1 group is currently considered part of the eastern North 
Pacific transient killer whale stock, the only currently identified 
``stock'' of transient killer whales in the North Pacific. However, the 
new information described above indicates that the stock structure of 
transient killer whales should be reviewed, and that the AT1 group is 
genetically separate from other transient killer whales.
    There are at least three possible scenarios that might lead to the 
genetic differences that are seen between AT1 and other transient 
groups, though the three scenarios are not necessarily equally 
plausible given the available information. An assumption that is made 
when speculating about these scenarios is that a very small population 
(circa 22 animals) could not persist as an independent population for a 
very long time.
    The first scenario is that the AT1 group represents a remnant of a 
previously larger population. In this situation, there would have been 
two separate populations of transient killer whales in Alaska that were 
genetically and demographically isolated. One of these populations 
declined in population size, and its remainder is now known as the AT1 
group.
    The second scenario is that the AT1 group separated from another 
transient population relatively recently and has never been 
particularly large. Genetic drift may occur rapidly in a small 
population so the observed genetic differences could have arisen fairly 
recently. A small unit like the AT1 group would likely not have had a 
high probability of persisting as a separate population over a long 
time period. In other words, if the AT1 group arose from another 
transient population and was never large in size, it may have been 
doomed to extinction since its beginning. One problem with evaluating 
the importance of this possible scenario is that the terms ``relatively 
recent'' and ``long time'' are hard to define. A third scenario is that 
the AT1 group is part of a larger population of transient killer whales 
that have not yet been sampled for genetics analysis.
    Although the population structure of transient killer whales in the 
Aleutians, Bering Sea, and in the western North Pacific is not yet 
fully understood, it is possible to eliminate some of the scenarios 
above from consideration. The data available are reasonably consistent 
with the first two scenarios and will be discussed below. However, at 
this time, there is no evidence to support the third scenario (that the 
AT1 group are part of a more widespread Alaska transient population 
that is largely sympatric with the GOA transients from Prince William 
Sound to the Bering Sea). Substantial sampling along the Alaska 
Peninsula, the Aleutian Islands, and in the Bering Sea has failed to 
find killer whales that are closely-related, genetically, to the AT1 
group. Although four individuals have been found with the same mtDNA 
haplotype as found in the AT1 group, the one individual for which a 
complete microsatellite analysis was available was strongly assigned to 
GOA transient whales, rather than the AT1 group.
    As stated above, the available data are consistent with the 
scenario where the AT1 group may be a remnant of a much larger 
population that has been separate for a long time and are also 
consistent with the scenario where the AT1 group may consist of a very 
small number of animals that split off from a larger group in the 
recent past. Genetic data alone are insufficient to distinguish between 
these two scenarios. The AT1 group has less genetic diversity than 
other North Pacific transients, but more genetic diversity than would 
be expected if they had been at a very small population size for a long 
time.
    In its status review of AT1 killer whales, NMFS included literature 
on genetic relationships in other species of mammals that live in 
highly structured societies (e.g., monkeys, lions, wild dogs). Results 
from the review of 17 studies indicated that strong genetic 
differentiation between social groups of terrestrial mammals appears 
relatively rare, occurring in only one of the 17 studies reviewed. The 
status review cautioned against making strong conclusions based on 
these other studies because these terrestrial mammals and resident and 
transient killer whales do not exhibit identical social behavior.

The Depleted Determination

The AT1 Group as a Stock

    As discussed above, NMFS' guidelines for identifying population 
stocks of marine mammals state that many different types of information 
can be used to identify stocks, reproductive isolation is proof of 
demographic isolation, and demographically isolated groups of marine 
mammals should be identified as separate stocks. These guidelines were 
based upon the MMPA's definition of population stock and with the 
purposes and polices of the MMPA. The biological information discussed 
above, particularly molecular genetics and associations (distribution 
and movements), supports a determination that AT1 killer whales are 
demographically isolated from other groups of killer whales. Therefore, 
based upon the best available scientific information, NMFS proposes to 
determine that the AT1 group of

[[Page 60902]]

transient killer whales is a population stock.

Status of the Stock

    Section 3(1)(A) of the MMPA (16 U.S.C. 1362(1)(A)) defines the 
term, ``depletion'' or ``depleted'', as any case in which ``the 
Secretary, after consultation with the Marine Mammal Commission and the 
Committee of Scientific Advisors on Marine Mammals * * * determines 
that a species or population stock is below its optimum sustainable 
population [(OSP)].'' Section 3(9) of the MMPA defines OSP ''* * * with 
respect to any population stock, [as] the number of animals which will 
result in the maximum productivity of the population or the species, 
keeping in mind the carrying capacity [(K)] of the habitat and the 
health of the ecosystem of which they form a constituent element.'' 
NMFS' regulations at 50 CFR 216.3 clarify the definition of OSP as a 
population size which falls within a range from the population level of 
a given species or stock that is the largest supportable within the 
ecosystem (carrying capacity [K]) to the population level that results 
in the maximum net productivity level (MNPL). MNPL is the greatest net 
annual increment (increase) in population numbers resulting from 
additions due to reproduction less losses due to natural mortality.
    A population stock below its MNPL is, by definition, below OSP and, 
thus, would be considered depleted under the MMPA. Historically, the 
estimated MNPL has been expressed as a range of values, generally 50 to 
70 percent of K (42 FR 12010, March 1, 1977). In 1977, the midpoint of 
this range (60 percent of K) was used to determine whether dolphin 
stocks in the eastern tropical Pacific Ocean were depleted under the 
MMPA (42 FR 64548, December 27, 1977). The 60-percent-of-K value was 
used in the final rule governing the taking of marine mammals 
incidental to commercial tuna purse seine fishing in the eastern 
tropical Pacific Ocean (45 FR 72178, October 31, 1980) and has been 
used since that time for other status reviews under the MMPA. For 
stocks of marine mammals, including killer whales, K is generally 
unknown. NMFS, therefore, has used the best estimate available of 
maximum historical abundance as a proxy for K.
    As required by the MMPA, NMFS initiated consultation with the 
Marine Mammal Commission related to the petition to designate the AT1 
group of killer whales as a depleted population stock. In a letter 
dated December 23, 2002, the Commission noted that there were 
uncertainties regarding the relationships of the AT1 group to other 
killer whales in the North Pacific. The Commission recommended as a 
precautionary approach that, until these uncertainties are resolved, 
NMFS should designate the AT1 group of transient killer whales as a 
depleted stock.
    There is no information on population trends or historical 
abundance of the Eastern North Pacific transient stock of killer 
whales, which is the population stock in which the AT1 group is 
currently recognized. Similarly there is insufficient historical data 
on Alaska transients to provide information on trends in abundance in 
Alaska. The AT1 group is the only group of transient whales whose 
recent history is known.
    As discussed above, the available information supports the 
conclusion that the AT1 group is a population stock of marine mammals. 
The genetics data suggest that the group size was larger than 22 
animals prior to 1984. However, the abundance of this group prior to 
1984 is unknown. Consequently, there is no estimate for the maximum 
historical abundance. In 1984, the group had 22 members, and its 
current abundance has been reduced to nine or fewer whales. The current 
abundance is less than 60 percent of the known abundance in 1984; 
therefore, the group is below its MNPL or the lower limit of its OSP. 
Consequently, the group meets the statutory definition of a depleted 
stock. Based on the best scientific information available, NMFS 
proposes to designate the AT1 group of transient killer whales in 
Alaska as a depleted population stock under the MMPA.

Public Comments Solicited

    NMFS is soliciting comments on this proposed rule for the 
designation of this stock as depleted under the MMPA from the public, 
other concerned governmental agencies, the scientific community, 
industry, or any other interested party.

References

    References are available upon request (See FOR FURTHER INFORMATION 
CONTACT).

Classification

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866. Depletion designations under the 
MMPA are similar to ESA listing decisions, which are exempt from the 
requirement to prepare an environmental assessment or environmental 
impact statement under the National Environmental Policy Act. See NOAA 
Administrative Order 216-6.03(e)(1). Thus, NMFS has determined that the 
proposed depletion designation of this stock under the MMPA is exempt 
from the requirements of the National Environmental Policy Act of 1969, 
and an Environmental Assessment or Environmental Impact Statement is 
not required.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows: The MMPA imposes a general moratorium on the taking of 
marine mammals. This proposed rule would designate a group of transient 
killer whales in Alaska (known as the AT1 group) as depleted; however, 
this designation would not, by itself, place any additional 
restrictions on the public. A stock that is designated as depleted 
meets the definition of a strategic stock under the MMPA. Under 
provisions of the MMPA, a take reduction team must be established and a 
take reduction plan developed and implemented within certain time 
frames if a strategic stock of marine mammals interacts with a Category 
I or II commercial fishery. However, NMFS has not identified any 
interactions between commercial fisheries and this group of killer 
whales that would result in such a requirement. In addition, under the 
MMPA, if NMFS determines that impacts on areas of ecological 
significance to marine mammals may be causing the decline or impeding 
the recovery of a strategic stock, it may develop and implement 
conservation or management measures to alleviate those impacts. 
However, NMFS has not identified information sufficient to make any 
such determination for this group of killer whales. Finally, the MMPA 
requires NMFS to prepare a conservation plan to conserve and restore 
any stock designated as depleted to its optimum sustainable population, 
unless NMFS determines that such a plan would not promote the 
conservation of the stock. However, NMFS has not prepared any such 
plan, and the plan is not self-executing. Any measures identified in 
the plan to conserve and restore the stock would require separate 
action before the action could be implemented. Any subsequent 
restrictions placed on the public to protect these whales would be 
included in separate regulations, and appropriate analyses under the 
Regulatory Flexibility Act would be conducted during those rulemaking 
procedures. Hence, implementation of this proposed

[[Page 60903]]

rule would not have a significant economic impact on a substantial 
number of small entities. As a result, no regulatory flexibility 
analysis for this proposed rule has been prepared.
    This proposed rule does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act of 1980. This 
proposed rule does not contain policies with federalism implications 
sufficient to warrant preparation of a federalism assessment under 
Executive Order 13132.

List of Subjects in 50 CFR Part 216

    Administrative practice and procedure, Exports, Imports, Marine 
mammals, Transportation.

    Dated: October 20, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 216 is 
proposed to be amended as follows:

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

    1. The authority citation for part 216 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq. unless otherwise noted.
    2. In Sec.  216.15,a new paragraph (i) is added to read as follows:


Sec.  216.15  Depleted species.

* * * * *
    (i) AT1 stock of killer whales (Orcinus orca). The stock includes 
all killer whales belonging to the AT1 group of transient killer whales 
occurring primarily in waters of Prince William Sound, Resurrection Bay 
and the Kenai Fjords region of Alaska.
[FR Doc. 03-26931 Filed 10-23-03; 8:45 am]
BILLING CODE 3510-22-S