[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Proposed Rules]
[Page 21578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8689]



[[Page 21578]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

[Docket No. 080401502-8537-01]
RIN 0648-XG94


Endangered And Threatened Species; Endangered Status for the Cook 
Inlet Beluga Whale

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

ACTION: Final determination regarding petitioned action; 6-month 
extension.

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SUMMARY: We, NMFS, are extending the date by which a final 
determination will be made regarding the April 20, 2007, proposed rule 
to list a Distinct Population Segment (DPS) of beluga whale, 
Delphinapterus leucas, found in Cook Inlet, Alaska, as endangered under 
the Endangered Species Act of 1973, as amended (ESA). We believe that 
substantial disagreement exists regarding the population trend, and 
that allowing an additional 6 months to obtain the 2008 abundance 
estimate would better inform our final determination as to whether the 
Cook Inlet beluga whale should be listed as endangered under the ESA.

DATES: A final determination on this listing action will be made no 
later than October 20, 2008.

ADDRESSES: The proposed rule, maps, and other materials relating to 
this proposal can be found on the NMFS Alaska Region website at http://www.fakr.noaa.gov/.

FOR FURTHER INFORMATION CONTACT: Brad Smith, NMFS, 222 West 7th Avenue, 
Anchorage, Alaska 99517, (907) 271-5006, fax (907) 271-3030; Kaja Brix, 
NMFS, (907) 586-7235, fax (907) 586-7012; or Marta Nammack, NMFS, 
(301)713-1401.

SUPPLEMENTARY INFORMATION:

Background

    We initiated a Status Review for the Cook Inlet beluga whale on 
March 24, 2006 (71 FR 14836). Subsequently, we received a petition from 
The Trustees for Alaska to list the Cook Inlet beluga whale as an 
endangered species on April 20, 2006. In response to the 2006 petition, 
we published a 90-day finding that the petition presented substantial 
scientific or commercial information indicating that the petitioned 
action may be warranted (71 FR 44614; August 7, 2006). After completion 
of the Status Review, we re-affirmed that the Cook Inlet beluga whale 
constitutes a Distinct Population Segment under the ESA, and proposed 
this population be listed as an endangered species (72 FR 19854; April 
20, 2007). We received public comment in response to the proposed rule, 
and held public hearings in Anchorage, Homer, and Soldotna, Alaska, and 
in Silver Spring, Maryland. We received approximately 180,000 responses 
to the proposed listing.
    The majority of comments supported listing the Cook Inlet beluga 
whale as endangered under the ESA. However, several commenters, 
including Alaska Department of Fish and Game, questioned the 
sufficiency or accuracy of the available data used in the rulemaking. 
We have considered these comments, and we find that substantial 
disagreement exists over a certain aspect of the data presented in the 
proposed rule. In particular, there remains disagreement over the 
population trend of belugas in Cook Inlet, and whether the population 
is now demonstrating a positive response to the restrictions on 
subsistence harvest imposed in 1999.

Extension of Final Listing Determination

    The ESA, section 4(b)(6), requires that we take one of three 
actions within 1 year of a proposed listing: (1) finalize the proposed 
listing; (2) withdraw the proposed listing; or (3) extend the final 
determination by not more than 6 months, if there is substantial 
disagreement regarding the sufficiency or accuracy of the available 
data relevant to the determination, for the purposes of soliciting 
additional data.
    The State of Alaska sent a letter to us outlining its disagreement 
with the abundance and population trend. The State's letter noted that 
the June 2007 count of beluga whales was the largest since 2001, 
indicating, in their estimation, that the population is beginning to 
recover from the unsustainable harvests in the early 1990s, as had been 
predicted by State and Federal biologists. An additional 6 months will 
allow us to complete an additional abundance survey in June 2008, which 
will provide additional information bearing on the dispute and may be 
sufficient to resolve it. The annual aerial survey for beluga whales in 
Cook Inlet will be conducted in June 2008, with the analyses that 
produce an annual abundance estimate that can be factored into a trend 
analysis expected to be completed by the end of September 2008. We 
will, therefore, extend the deadline for the final listing 
determination to allow for the collection of these data and the 
completion of the analysis that forms part of the trend in abundance to 
better inform our final decision and potentially resolve the 
disagreement over the scientific information upon which it will be 
based.
    In consideration of the disagreement surrounding the population 
trend, we extend the timeline for the final determination for an 
additional 6 months (until October 20, 2008) to resolve the scientific 
disagreement.

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

    Dated: April 16, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E8-8689 Filed 4-21-08; 8:45 am]
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