[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Pages 2649-2650]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-752]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 011107E]


Endangered and Threatened Species; Initiation of 5-year Reviews 
for Fin, Sperm and Southern Right Whales

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

ACTION: Notice of initiation of a 5-year review; request for 
information.

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SUMMARY: The National Marine Fisheries Service (NMFS) announce 5-year 
reviews of the fin whale (Balaenoptera physalus), sperm whale (Physeter 
macrocephalus) and southern right whale (Eubalaena australis) under the 
Endangered Species Act of 1973 (ESA). A 5-year review is a periodic 
process conducted to ensure that the listing classification of a 
species is accurate. A 5-year review is based on the best scientific 
and commercial data available at the time of the review; therefore, we 
are requesting submission of any such information on the fin whale, 
sperm whale and southern right whale that has become available since 
their last status review in 1999 (Perry, S., D. DeMaster and G. Silber, 
1999. The Great Whales: History and Status of Six Species Listed as 
Endangered Under the U.S. Endangered Species Act of 1973. Marine 
Fisheries Review. Department of Commerce 61:1). Based on the results of 
this 5-year review, we will make the requisite findings under the ESA.

DATES: To allow us adequate time to conduct these reviews, we must 
receive your information no later than March 23, 2007. However, we will 
continue to accept new information about any listed species at any 
time.

ADDRESSES: You may submit information by any of the following methods:
     Mail: Susan Pultz, National Marine Fisheries Service, 1315 
East-West Highway 13661, Silver Spring, MD 20910.
     E-mail: [email protected]. Include in the subject line 
of the e-mail the following identifier: ``Comments on 5-year review for 
the fin, sperm and southern right whales.''
     Fax: 301-427-2523, attention: Susan Pultz.
    Information received in response to this notice and review will be 
available for public inspection, by appointment, during normal business 
hours, at the above address.

[[Page 2650]]


FOR FURTHER INFORMATION CONTACT: Susan Pultz at the above address, or 
at 301-713-1401 x116.

SUPPLEMENTARY INFORMATION: Under the ESA, a list of endangered and 
threatened wildlife and plant species must be maintained. The list is 
published at 50 CFR 17.11 (for animals) and 17.12 (for plants). Section 
4(c)(2)(A) of the ESA requires that we conduct a review of listed 
species at least once every five years. On the basis of such reviews 
under section 4(c)(2)(B), we determine whether or not any species 
should be removed from the list (delisted), or reclassified from 
endangered to threatened, or from threatened to endangered. Delisting a 
species must be supported by the best scientific and commercial data 
available, substantiating that the species is neither endangered nor 
threatened for one or more of the following reasons: (1) The species is 
considered extinct; (2) the species is considered to be recovered; and/
or (3) the original data available when the species was listed, or the 
interpretation of such data, were in error. Any change in Federal 
classification would require a separate rulemaking process. The 
regulations in 50 CFR 424.21 require that we publish a notice in the 
Federal Register announcing those species currently under active 
review. This notice announces active reviews of the fin whale, sperm 
whale and southern right whale, all currently listed as endangered.

Public Solicitation of New Information

    To ensure that the 5-year reviews are complete and based on the 
best available scientific and commercial information, we are soliciting 
new information from the public, concerned governmental agencies, 
tribes, the scientific community, industry, environmental entities, and 
any other interested parties concerning the status of the fin whale, 
sperm whale and southern right whale.
    Five-year reviews consider the best scientific and commercial data 
and all new information that has become available since the listing 
determination or most recent status review. Categories of requested 
information include (1) species biology including, but not limited to, 
population trends, distribution, abundance, demographics, and genetics; 
(2) habitat conditions including, but not limited to, amount, 
distribution, and suitability; (3) conservation measures that have been 
implemented that benefit the species; (4) status and trends of threats; 
and (5) other new information, data, or corrections including, but not 
limited to, taxonomic or nomenclatural changes, identification of 
erroneous information contained in the list, and improved analytical 
methods.
    Because these species are vertebrate species, we will also be 
considering application of the Distinct Population Segment (DPS) policy 
for vertebrate taxa. A DPS is defined in the February 7, 1996, Policy 
Regarding the Recognition of Distinct Vertebrate Population Segments 
(61 FR 4722). For a population to be listed under the ESA as a DPS, 
three elements are considered: (1) The discreteness of the population 
segment in relation to the remainder of the species to which it 
belongs; (2) the significance of the population segment to the species 
to which it belongs; and (3) the population segment's conservation 
status in relation to the ESA's standards for listing (i.e., is the 
population segment endangered or threatened?). DPSs of vertebrate 
species, as well as subspecies of all listed species, may be proposed 
for separate reclassification or for removal from the list.
    If you wish to provide information for any of these 5-year reviews, 
you may submit your information and materials to Susan Pultz (see 
ADDRESSES section). Our practice is to make submissions of information, 
including names and home addresses of respondents, available for public 
review during regular business hours. Respondents may request that we 
withhold a respondent's identity, as allowable by law. If you wish us 
to withhold your name or address, you must state this request 
prominently at the beginning of your submission. We will not, however, 
consider anonymous submissions. To the extent consistent with 
applicable law, we will make all submissions from organizations or 
businesses, and from individuals identifying themselves as 
representatives or officials of organizations or businesses, available 
for public inspection in their entirety. Information and materials 
received will be available for public inspection, by appointment, 
during normal business hours (see ADDRESSES section).

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

    Dated: January 12, 2007.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E7-752 Filed 1-19-07; 8:45 am]
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