[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Notices]
[Pages 4176-4177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1206]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE29


Endangered and Threatened Species; Recovery Plans; Final Recovery 
Plan for Southern Resident Killer Whales

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

ACTION: Notice of availability.

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[[Page 4177]]

SUMMARY: We, the National Marine Fisheries Service (NMFS), announce the 
adoption of our final Endangered Species Act (ESA) Recovery Plan for 
the Southern Resident killer whale DPS (Orcinus orca). The Final 
Recovery Plan for Southern Resident Killer Whales (Final Recovery Plan) 
and the NMFS summary of and responses to public comments are now 
available.

ADDRESSES: The Recovery Plan, public comment summary and responses, and 
other supporting documents are available on-line on the NMFS web site 
www.nwr.noaa.gov. Copies of the Plan may be reviewed and/or copied at 
NMFS, Protected Resources Division, 7600 Sand Point Way NE, Seattle, 
WA, 98115.

FOR FURTHER INFORMATION CONTACT: Lynne Barre, NOAA/NMFS, Northwest 
Region, (206) 526-4745.

SUPPLEMENTARY INFORMATION: The Endangered Species Act (ESA) of 1973, as 
amended (15 U.S.C. 1531 et seq.) requires that NMFS develop and 
implement recovery plans for the conservation and survival of 
threatened and endangered species under its jurisdiction, unless it is 
determined that such plans would not result in the conservation of the 
species. NMFSWe announced the endangered listing of the Southern 
Resident killer whale distinct population segment (DPS) on November 18, 
2005 (70 FR 69903). Prior to the ESA listing, NMFS designated the 
Southern Resident killer whale population as a depleted stock under the 
Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) on May 29, 
2003 (68 FR 31980). At the time of the designation, we announced our 
intention to develop a conservation plan.
    We held a series of public meetings and technical workshops to 
gather input from Federal government agency representatives, state and 
tribal co-managers, Canadian officials, orca advocacy groups, non-
governmental organizations, researchers, whale watch industry and 
concerned citizens. We circulated a preliminary draft conservation plan 
for public review on March 14, 2005. We received comments on the 
preliminary draft, and made revisions in response to the comments. We 
subsequently published a Notice of Availability of a Proposed 
Conservation Plan for Southern Resident Killer Whales in the Federal 
Register on October 3, 2005 (70 FR 57565) opening a public comment 
period. We received comments on the proposed conservation plan. Before 
the conservation plan was finalized, we listed the Southern Resident 
DPS as an endangered species. In developing a proposed recovery plan 
for the whales, we addressed the comments we had received on the 
proposed conservation plan and incorporated ESA elements into the plan, 
including discussions of the ESA section 4(a)(1) listing factors, 
critical habitat, section 7, and ESA recovery criteria. We published a 
Notice of Availability of the Proposed Recovery Plan for Southern 
Resident Killer Whales in the Federal Register on November 29, 2006 (71 
FR 69101) opening another public comment period. We received 50 comment 
letters by mail, fax or e-mail and prepared a summary of the comments 
and provided information on our responses, including descriptions of 
edits made to the Final Recovery Plan to incorporate the comments. We 
also included new information, research results, and references that 
have become available since the proposed recovery plan was released.

The Final Recovery Plan

    The ESA requires that recovery plans incorporate (1) objective, 
measurable criteria which, when met, would result in a determination 
that the species is no longer threatened or endangered; (2) site-
specific management actions necessary to achieve the plan's goals; and 
(3) estimates of time required and costs to implement recovery actions. 
NMFS's goal is to restore the endangered Southern Resident DPS killer 
whales to the point where they are again secure, self-sustaining 
members of their ecosystems and no longer need the protections of the 
ESA.
    The Final Recovery Plan provides background on the natural history 
of killer whales, population trends and the potential threats to their 
viability. The Plan lays out a recovery strategy to address the 
potential threats based on the best available science and includes 
recovery goals and criteria. The Plan is not regulatory, but presents 
guidance for use by agencies and interested parties to assist in the 
recovery of Southern Resident killer whales. The Plan identifies 
substantive actions needed to achieve recovery by addressing the 
threats to the species. The strategy for recovery includes linking 
management actions to an active research program to fill data gaps, and 
monitor activities to assess effectiveness. The Plan incorporates an 
adaptive management framework by which management actions and other 
elements will evolve and adapt as we gain information through research 
and monitoring and it describes the agency guidance on time lines for 
reviews of the status of species and recovery plans. To address threats 
related to prey availability and contaminants, the Plan references many 
of the significant efforts already underway to restore salmon runs and 
clean up Puget Sound, such as the Shared Strategy Puget Sound Salmon 
Recovery Plan and the Puget Sound Partnership.
    We expect the Final Recovery Plan to help us and other Federal 
agencies take a consistent approach to section 7 consultations under 
the ESA and to other ESA decisions. For example, the plan will provide 
information on the biological context for the effects that a proposed 
action may have on the listed DPS. The best available information in 
the plan on the natural history, threats, and potential limiting 
factors, and priorities for recovery can be used to help assess risks. 
Consistent with the adoption of this Final Recovery Plan for Southern 
Resident killer whales, we will implement actions in the plan for which 
we have authority, work cooperatively on implementation of other 
actions, and encourage other Federal and state agencies to implement 
recovery actions for which they have responsibility and authority. 
Recovery of Southern Resident killer whales is a long-term effort and 
will require cooperation and coordination of Federal, state, tribal and 
local government agencies, and the community.
    We conclude that the Final Recovery Plan meets the requirements of 
the ESA section 4(f) and are thus adopting it as the Final Recovery 
Plan for Southern Resident killer whales.

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

    Dated: January 17, 2008.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. E8-1206 Filed 1-23-08; 8:45 am]
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