[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Proposed Rules]
[Pages 4344-4345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1007]


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DEPARTMENT OF COMMERCE

National Marine Fisheries Service

50 CFR Parts 223 and 224

[Docket No. 060113009-6009-01; I.D. 010506D]


Endangered and Threatened Species; Notice of 90-day Finding on a 
Petition to List the North Pacific Right Whale as an Endangered Species 
Under the Endangered Species Act

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

ACTION: Notice of petition finding; request for information; and 
initiation of status review.

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SUMMARY: NMFS announces a 90-day finding regarding a petition to list 
the North Pacific right whale, Eubalaena japonica, as an endangered 
species under the Endangered Species Act of 1973, as amended (ESA). 
After review, NMFS finds that the petition presents substantial 
scientific information indicating that this action may be warranted. 
NMFS is initiating a review of the status of the North Pacific right 
whale, and is soliciting data, information, and comment on the subject 
action.

DATES: To be considered in the 12-month finding, information and 
comments should be submitted to NMFS by April 26, 2006.

ADDRESSES: Data, information, or comments concerning this petition 
should be submitted to Kaja Brix, Assistant Regional Administrator, 
Protected Resources Division, Alaska Region, NMFS, Attn: Lori Durall. 
Comments may be submitted by:
     E-mail: [email protected]. Include in the subject 
line the following document identifier: North Pacific Right Whale 
Listing. E-mail comments, with or without attachments, are limited to 5 
megabytes.
     Mail: P.O. Box 21668, Juneau, AK 99802.
     Hand delivery to the Federal Building: 709 W. 9th Street, 
Juneau, Alaska.
     Fax: (907) 586-7012.
     Federal e-rulemaking portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Brad Smith, NMFS, 222 West 7th 
Avenue, Anchorage, AK 99517, telephone (907) 271-5006, fax (907) 271-
3030, Ms. Kaja Brix, NMFS, (907) 586-7235, fax (907) 586-7012; or Dr. 
Kate McFadden, NMFS, (301) 713-1401, fax (301) 427-2523.

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3)(A) of the ESA, as amended (16 U.S.C. 1531 et seq.) 
requires that NMFS make a determination as to whether a petition to 
list a species presents substantial scientific or commercial 
information indicating that the petitioned action may be warranted. To 
the maximum extent practicable, this finding is to be made within 90 
days of the date the petition was received, and the finding is to be 
published promptly in the Federal Register. If NMFS finds that 
substantial scientific information is presented, it is required to 
promptly commence a review of the status of the species involved if one 
has not already been initiated.
    NMFS has made a 90-day finding on a petition to list the North 
Pacific right whale. The petition, dated August 16, 2005, was submitted 
by the Center for Biological Diversity, P.O. Box 40090, Berkeley, CA 
94704-4090, and was received by NMFS on August 19, 2005. Petitioner 
requests NMFS to list the North Pacific right whale as a new species, 
Eubalaena japonica, and to designate the species as endangered under 
the ESA. Its request is based, in part, on recent scientific 
information which establishes a new taxonomic classification for the 
right whale. This reclassification would recognize the North Pacific 
right whale as the new species E. japonica.
    NMFS has reviewed the petition, the literature cited in the 
petition, and other literature and information available in NMFS files. 
On the basis of that information, we find the petition presents 
substantial scientific information indicating that the requested action 
may be warranted. NMFS' finding is based in part on recent scientific 
papers recognizing the North Pacific right whale as genetically 
distinct from the North Atlantic right whale, as well as recent 
findings of the International Whaling Commission on the subject. We 
request any information regarding the taxonomy and status of the North 
Pacific right whale, its habitat, biology, movements and distribution, 
threats to the species, or other pertinent information. A copy of the 
petition may be viewed at the NMFS website: http://www.fakr.noaa.gov/protectedresources/whales/default.htm

Authority

    The authority for this action is the ESA, as amended (16 U.S.C. 
1531 et seq.).


[[Page 4345]]


    Dated: January 20, 2006.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E6-1007 Filed 1-25-06; 8:45 am]
BILLING CODE 3510-22-S