[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Notices]
[Pages 21282-21284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08355]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB008]


Endangered and Threatened Species; Initiation of 5-Year Review 
for Southern Resident Killer Whales

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

ACTION: Notice; request for information.

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SUMMARY: We, NMFS, announce our intent to conduct a 5-year review of 
Southern Resident killer whales (Orcinus orca) under the Endangered 
Species Act of 1973, as amended (ESA). The purpose of 5-year reviews is 
to ensure that the listing classification of a species remains 
accurate. This 5-year review will be based on the best scientific and 
commercial data available at the time of the review; therefore, we 
request submission of any such information on Southern Resident killer 
whales that has become available since our previous 5-year review was 
completed in 2016. Based on the results of this 5-year review, we will 
make the requisite determination under the ESA.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than June 21, 2021. While we continue 
to accept new information about any listed species at any time, 
information received after the date stated above may not be considered 
for purposes of this 5-year review.

ADDRESSES: You may submit information, identified by docket number 
NOAA-NMFS-2021-0029, by any of the following methods:
     Federal e-Rulemaking Portal: Go to www.regulations.gov. In 
the Search box, enter the above docket number for this notice. Then, 
click on the Search icon. On the resulting web page, click the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
     Mail or hand-delivery: Submit written information to Lynne 
Barre, NMFS West Coast Region, 7600 Sand Point Way NE, Seattle, WA 
98115.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are

[[Page 21283]]

received, documented, and considered by NMFS. Comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period, may not be considered. All comments received 
are a part of the public record and will generally be posted for public 
viewing on www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will 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).

FOR FURTHER INFORMATION CONTACT: Lynne Barre, West Coast Regional 
Office, 206-526-4745, [email protected].

SUPPLEMENTARY INFORMATION: Under the ESA, the U.S. Fish and Wildlife 
Service maintains a list of all endangered and threatened wildlife and 
plant species at 50 CFR 17.11 (for animals) and 17.12 (for plants), and 
NMFS maintains an enumeration of the ESA-listed species under NMFS' 
jurisdiction at 50 CFR 223.102 (threatened species) and 50 CFR 224.101 
(endangered species). Section 4(c)(2)(A) of the ESA requires that we 
conduct a review of listed species at least once every 5 years. On the 
basis of such reviews under section 4(c)(2)(B), we determine whether or 
not any species should be 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 and 
only considered if such data substantiates that the species is neither 
endangered nor threatened for one or more of the following reasons: (1) 
The species is extinct; (2) the species does not meet the definition of 
an endangered species or a threatened species; or (3) the listed entity 
does not meet the statutory definition of a species. 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 our active review of the Southern 
Resident killer whale distinct population segment (DPS) currently 
listed as endangered (70 FR 69903; November 18, 2005).
    Background information on Southern Resident killer whales including 
the endangered listing, status reviews, critical habitat designation, 
recovery planning and protective regulations is available on the NMFS 
website at https://www.fisheries.noaa.gov/west-coast/endangered-species-conservation/southern-resident-killer-whale-orcinus-orca. Below 
is a brief list of several significant actions since the endangered 
listing of the Southern Resident killer whale DPS. Critical habitat was 
designated in November 2006 (71 FR 69054) and includes 2,560 square 
miles (6,630 square kilometers (sq km)) of marine habitat in Haro 
Strait and waters around the San Juan Islands, Puget Sound, and the 
Strait of Juan de Fuca. On September 19, 2019 we proposed to revise the 
critical habitat designation by designating six new areas along the 
U.S. West Coast (84 FR 49214). The final Recovery Plan was released in 
January 2008 (73 FR 4176), and contains detailed information on status, 
threats and recovery actions for Southern Resident killer whales. 
Regulations to protect Southern Resident killer whales from vessel 
effects were released in April 2011 (76 FR 20870). A 5-year review was 
completed in 2011 and 2016 and both concluded that no change was needed 
to the endangered status (NMFS 2011; 2016). In 2014 we released a 
report summarizing research and recovery efforts over the last 10 
years. The report and other supporting documents and media are 
available on our website at https://www.fisheries.noaa.gov/west-coast/endangered-species-conservation/southern-resident-killer-whale-orcinus-orca. In 2015, Southern Resident killer whales were named as a Species 
in the Spotlight (SIS). They are one of nine marine species that NMFS 
considers to be most at risk of extinction in the near future. For more 
information on the SIS initiative, please visit our website at https://www.fisheries.noaa.gov/topic/endangered-species-conservation#species-in-the-spotlight. Our most recent Recovering Threatened and Endangered 
Species FY 2017--2018 Report to Congress summarizes recovery progress 
since the inception of the SIS initiative and is available at https://www.fisheries.noaa.gov/resource/document/recovering-threatened-and-endangered-species-report-congress-fy-2017-2018. In 2018-2019, the 
Governor of Washington State signed an Executive Order and established 
a Southern Resident Killer Whale Task Force, and the task force 
released two reports with recommendations for actions to support 
recovery of Southern Resident killer whales.

Determining if a Species Is Threatened or Endangered

    Section 4(a)(1) of the ESA requires that we determine whether a 
species is endangered or threatened based on one or more of the five 
following factors: (1) The present or threatened destruction, 
modification, or curtailment of its habitat or range; (2) 
overutilization for commercial, recreational, scientific, or 
educational purposes; (3) disease or predation; (4) the inadequacy of 
existing regulatory mechanisms; or (5) other natural or manmade factors 
affecting its continued existence. Section 4(b) also requires that our 
determination be made on the basis of the best scientific and 
commercial data available after taking into account those efforts, if 
any, being made by any State or foreign nation, to protect such 
species.

Public Solicitation of New Information

    To ensure that the 5-year review is complete and based on the best 
available scientific and commercial information, we are soliciting new 
information from the public, governmental agencies, Tribes, the 
scientific community, industry, environmental entities, and any other 
interested parties concerning the status of Southern Resident killer 
whales. The 5-year review considers 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 important features for conservation; (3) 
status and trends of threats; (4) conservation measures that have been 
implemented that benefit the species, including monitoring data 
demonstrating effectiveness of such measures; (5) need for additional 
conservation measures or updates to the Recovery Plan; (6) adequacy of 
the recovery criteria, including information on recovery criteria that 
have or have not been met; and (7) other new information, data, or 
corrections including, but not limited to, taxonomic or nomenclatural 
changes, identification of erroneous information contained in the list 
of endangered and threatened species, and improved analytical methods 
for evaluating extinction risk.
    Any new information will be considered during the 5-year review and 
may also be useful in evaluating the ongoing recovery program for 
Southern Resident killer whales. For example,

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information on conservation measures will assist in tracking 
implementation of actions in the Recovery Plan.
    If you wish to provide information for this 5-year review, you may 
submit your information and materials electronically or via mail (see 
ADDRESSES section). We request that all information be accompanied by 
supporting documentation such as maps, bibliographic references, or 
reprints of pertinent publications. We also would appreciate the 
submitter's name, address, and any association, institution, or 
business that the person represents; however, anonymous submissions 
will also be accepted.

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

    Dated: April 19, 2021.
Margaret H. Miller,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2021-08355 Filed 4-21-21; 8:45 am]
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