[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Notices]
[Pages 29973-29974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10274]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 070516104-7104-01; I.D. 042607C]


Endangered and Threatened Species; 90-Day Finding for a Petition 
To List the Global Populations of Right Whales as a Single Species

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

ACTION: Notice of 90-day petition finding.

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SUMMARY: We, NMFS, announce a 90-day finding regarding a petition to 
list the global populations of right whales with the common name Black 
Whale as a single species under the Endangered Species Act of 1973, as 
amended (ESA). This action is required by section 4(b)(3)(A) of the 
ESA. After review, we find the petition does not present substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted.

DATES: This finding is effective immediately.

ADDRESSES: Copies of the petition are available upon request from the 
Division Chief, NMFS, Office of Protected Resources, Endangered Species 
Division, 1315 East-West Highway, Silver Spring, MD 20910-3226.

FOR FURTHER INFORMATION CONTACT: Marta Nammack, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910-3226, telephone (301)713-1401.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2007, we received a petition from GreenWorld to list 
the global populations of right whales as a single species with the 
common name Black Whale under the ESA. Copies of this petition are 
available from NMFS (see ADDRESSES, above). GreenWorld filed the 
petition following two proposed rules published by NMFS on December 27, 
2006, to list the North Pacific Right Whale (71 FR 77694; December 27, 
2006) and the North Atlantic Right Whale (71 FR 77704; December 27, 
2006) as separate endangered species.

ESA Statutory Provisions

    Pursuant to section 4(b)(3)(A) of the ESA, we are required to make 
a finding on whether a petition to list, delist, or reclassify a 
species presents substantial scientific or commercial information 
indicating that the petitioned action may be warranted. To the maximum 
extent practicable, this finding must be made within 90 days of receipt 
of the petition. Our ESA implementing regulations define ``substantial 
information'' as the amount of information that would lead a reasonable 
person to believe that the measure proposed in the petition may be 
warranted. In determining whether a petition contains substantial 
information indicating that the petitioned action may be warranted, we 
consider only information that is submitted with or referenced in the 
petition or readily available in our files. We do not conduct 
additional research. In making a finding, we consider whether the 
petition: (i) clearly indicates the administrative measure recommended 
and gives the scientific and any common name of the species involved; 
(ii) contains detailed narrative justification for the recommended 
measure, describing, based on available information, past and present 
numbers and distribution of the species involved and any threats faced 
by the species; (iii) provides information regarding the status of the 
species throughout all or a significant portion of its range; and (iv) 
is accompanied by the appropriate supporting documentation in the form 
of bibliographic references, reprints of pertinent publications, copies 
of reports or letters from authorities, and maps (50 CFR 424.14(b)(2)).

Analysis of Petition

    For the reasons set forth below, the petition fails to present 
substantial scientific and commercial information indicating that the 
petitioned action may be warranted.
    First, the petitioner fails to identify the scientific name of the 
species and provides no documentation or bibliographic references 
supporting the assertion that the global populations of right whales 
should be listed as a single species. The petitioner claims there is no 
scientific basis for listing the northern right whale as two species 
and that NMFS has offered no analysis of

[[Page 29974]]

this listing in the Federal Register. However, information readily 
available in our files indicates that the best available science 
supports distinguishing the North Atlantic right whale (Eubalaena 
glacialis), North Pacific right whale (Eubalaena japonica), and 
southern right whale (Eubalaena australis) as three separate species 
(Rosenbaum et al., 2000; Malik et al., 2000; Schaeff et al., 1997; 
Gaines et al., 2005). Further, in 2000 the International Whaling 
Commission's Scientific Committee recommended the North Atlantic, North 
Pacific, and southern populations be considered separate species based 
on the prevailing right whale taxonomy. Lastly, in 2006 we completed a 
comprehensive status review of the northern right whale and concluded 
the northern right whale exists as two separate species, the North 
Atlantic right whale (E. glacialis) and the North Pacific right whale 
(E. japonica) (NMFS, 2006). We cited this report in the Federal 
Register in our proposed rules to list the North Pacific right whale 
(71 FR 77694; December 27, 2006) and North Atlantic right whale (71 FR 
77704; December 27, 2006) as endangered under the ESA. A copy of the 
status review is also available at http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/rightwhale_northern.htm.
    Second, the petitioner provides no information regarding the past 
and present abundance, distribution, and threats faced by the species 
in support of the assertion that the global populations of right whales 
should be listed as a single species. Information readily available in 
our files regarding the past and present abundance, distribution, and 
threats faced by the right whales supports the listing of three 
separate species. Our comprehensive review of the information regarding 
the past and present abundance, distribution, and threats in the 2006 
northern right whale review (NMFS, 2006) also supports the listing of 
three separate species.
    Third, the petitioner provides no information regarding the status 
of the species throughout all or a significant portion of its range to 
indicate the global populations of right whales should be listed as a 
single species. Information readily available in our files regarding 
the status of right whales supports the listing of three separate 
species as endangered. Our comprehensive review of the information 
regarding the status of right whales in the 2006 northern right whale 
review (NMFS, 2006) also supports the listing of three separate 
species.

Petition Finding

    Based on our review, we find the petition does not present 
substantial scientific or commercial information indicating the listing 
of the global populations of right whales as a single species may be 
warranted. As a result, we will not initiate a status review to 
determine whether the petitioned action is warranted. We will continue 
to fulfill our statutory obligations with regard to the conservation of 
all listed species of right whales, and we encourage the public to 
submit new information that will assist with these conservation 
efforts.

References Cited

    A complete list of all references is available upon request from 
the Office of Protected Resources (see ADDRESSES).

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

    Dated: May 22, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-10274 Filed 5-29-07; 8:45 am]
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