[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Proposed Rules]
[Pages 53013-53014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21090]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 140429386-4386-01]
RIN 0648-XD275


Petition To Designate Sakhalin Bay-Amur River Beluga Whales Stock 
as Depleted Under the Marine Mammal Protection Act; Finding

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

ACTION: Notice of 60-day petition finding; extension of public comment 
period.

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SUMMARY: NMFS received a petition to ``designate the Sakhalin Bay-Amur 
River stock of beluga whales (Delphinapterus leucas) as a depleted 
stock under the Marine Mammal Protection Act (MMPA).'' On August 1, 
2014, NMFS announced that the petition presented substantial 
information indicating that the petitioned action may be warranted and 
that NMFS would initiate a status review promptly. NMFS also solicited 
information from the public that may contribute to the status review. 
NMFS is extending the comment period for 30 days.

DATES: The comment period for the petition finding published August 1, 
2014, at 79 FR 44733, is extended. Information and comments must be 
received by close of business on September 29, 2014.

ADDRESSES: The petition and a list of references contained in this 
notice are available in electronic form via the Internet at http://www.nmfs.noaa.gov/pr/. A copy of the petition and/or its supporting 
documents may be requested from Chief, Marine Mammal and Sea Turtle 
Conservation Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.
    You may submit comments, identified by NOAA-NMFS-2014-0056, by any 
of the following methods:
    Electronic Submissions: Submit all electronic public comments via 
the Federal eRulemaking Portal http://www.regulations.gov.
    Mail: Send comments or requests for copies of reports to: Chief, 
Marine Mammal and Sea Turtle Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3226, Attn: Beluga petition.
    Instructions: All comments received are a part of the public record 
and will generally be posted to http://www.regulations.gov without 
change. All Personal Identifying Information (for example, name, 
address, etc.) voluntarily submitted by the commenter may be publicly 
accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    NMFS will accept anonymous comments (enter N/A in the required 
fields, if you wish to remain anonymous). You may submit attachments to 
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF 
file formats only.

FOR FURTHER INFORMATION CONTACT: Dr. Shannon Bettridge, Office of 
Protected Resources, Silver Spring, MD; [email protected]; 
(301) 427-8402.

SUPPLEMENTARY INFORMATION: 

Background

    On April 23, 2014, NMFS received a petition from the Animal Welfare 
Institute, Whale and Dolphin Conservation, Cetacean Society 
International and Earth Island Institute to ``designate the Sakhalin 
Bay-Amur River stock of beluga whales as depleted under the MMPA.'' The 
petition asserts this group of whales constitutes a stock and that this 
stock is below its optimum sustainable population (OSP) and qualifies 
for a depleted designation. It also argues that the causes of the 
stock's decline include: large-scale commercial hunting from 1915-1963; 
unsustainable removal quotas; hunting permits; incidental mortality 
from fishing operations; accidental drowning during live-capture 
operations; vessel strikes; and other anthropogenic threats.
    The MMPA allows interested parties to petition NMFS to initiate a 
status review to determine whether a species or stock of marine mammals 
should be designated as depleted. Section 115(a)(3) of the MMPA (16 
U.S.C. 1383b(a)(3)) requires NMFS to publish a notice in the Federal 
Register that such a petition has been received and is available for 
public review. Within 60 days of receiving a petition, NMFS must 
publish a finding in the Federal Register as to whether the petition 
presents substantial information indicating that the petitioned action 
may be warranted.
    Pursuant to Section 115(a)(3)(A) of the MMPA, NMFS published a 
notice in the Federal Register that the petition had been received and 
was available for public review (79 FR 28879, May 20, 2014). In 
response to its announcement that the petition had been received, NMFS 
received 17 comments, all expressing support for the petitioned action. 
Several non-governmental organizations submitted letters of support, 
providing information similar or identical to the information provided 
in the petition. These comments and supporting information can be found 
at www.regulations.gov (Docket ID: NOAA-NMFS-2014-0056).
    Pursuant to Section 115(a)(3)(B) of the MMPA, NMFS published a 
notice in the Federal Register stating that after reviewing information 
presented in the petition, readily available in our files, and 
submitted through the public comment process, the petition presented 
substantial information indicating that the petitioned action may be 
warranted and that NMFS will initiate a status review (79 FR 44733, 
August 1, 2014).
    NMFS subsequently received a request by the Georgia Aquarium to 
extend the public comment period by 60 days to provide all stakeholder 
parties, including the Aquarium, an adequate opportunity to provide 
NMFS with the information necessary to make an accurate determination 
on the status of the species. In this notice NMFS is extending the 
public comment period until October 6, 2014, to allow adequate time for 
the public to provide scientific information relevant to the status of 
the Sakhalin Bay-Amur River beluga whales. To provide a more extended 
public comment period would preclude NMFS from meeting its statutory 
requirements under the MMPA. The MMPA mandates NMFS to promptly 
initiate a status review and if the status review supports the 
petitioned action, publish in the Federal Register and solicit comments 
on a proposed rule as to the status of the stock, along with the 
reasons underlying the proposed status determination no later than 210 
days after receipt of the petition.

Information Solicited

    To ensure that the status review is based on the best scientific 
information available, we are soliciting scientific information 
relevant to the status of the Sakhalin Bay-Amur River beluga whales 
from the public, including individuals and organizations concerned with 
the conservation of marine mammals, persons in industry which may be

[[Page 53014]]

affected by the determination, and academic institutions. Specifically, 
we are soliciting information related to (1) the identification of 
Sakhalin Bay-Amur River beluga whales as a stock, (2) the historical or 
current abundance of this group, and (3) factors that may be affecting 
the group.

    Dated: August 29, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-21090 Filed 8-29-14; 4:15 pm]
BILLING CODE 3510-22-P