[Federal Register Volume 87, Number 111 (Thursday, June 9, 2022)]
[Notices]
[Pages 35178-35179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12461]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB888]


Endangered and Threatened Species; Notice of Availability of an 
Interim Report on Post-Delisting Monitoring of Nine Distinct Population 
Segments of Humpback Whales and Notice of Intent To Prepare a Recovery 
Plan for the Central America, Mexico, and Western North Pacific 
Distinct Population Segments of Humpback Whales

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

ACTION: Notice; request for information.

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SUMMARY: NMFS is announcing the availability of an interim report for 
the post-delisting monitoring of nine distinct population segments 
(DPSs) of humpback whales (Megaptera novaeangliae). NMFS is also 
announcing its intent to prepare a recovery plan for three DPSs of 
humpback whales and requests information from the public. The 
Endangered Species Act (ESA) requires NMFS to develop a system to 
monitor the status of all species that have been recovered and removed 
from the lists of threatened and endangered species. The available 
interim report references the post-delisting monitoring plan that was 
developed for the nine humpback whale DPSs that are not listed as 
threatened or endangered. This interim report consolidates and 
evaluates available monitoring data from several-year intervals to 
summarize the best available information regarding the status of the 
nine non-listed humpback whale DPSs. The ESA also generally requires 
NMFS to develop plans for the conservation and survival of federally 
listed species, i.e., recovery plans. The current species-wide recovery 
plan originally prepared in 1991 will be replaced by a new recovery 
plan specific to the endangered Western North Pacific DPS, the 
endangered Central America DPS, and the threatened Mexico DPS of 
humpback whales. We request submission of any information on these DPSs 
of humpback whales, particularly information on the status, threats, 
and recovery of the DPSs that has become available since the listing 
status was revised in 2016 and was not considered as part of the 
critical habitat designation in 2021.

DATES: To allow us adequate time to conduct this review, we must 
receive

[[Page 35179]]

your information no later than July 11, 2022.

ADDRESSES: You may submit information on this document, identified by 
NOAA-NMFS-2022-0039, by the following method:
     Electronic Submission: Submit electronic information via 
the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter 
NOAA-NMFS-2022-0039 in the Search box. Click on the ``Comment'' icon, 
complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the specified 
period, might 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.), confidential business 
information, or otherwise sensitive or protected information submitted 
voluntarily by the sender will be publicly accessible. NMFS will accept 
anonymous submissions (enter ``N/A'' in the required fields if you wish 
to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Caroline Good by phone at (301) 427-
8445 or [email protected].

SUPPLEMENTARY INFORMATION: In 2016, NMFS revised the listing status of 
the humpback whale under the ESA. The globally listed endangered 
species was divided into 14 DPSs, the species-level listing was 
removed, and NMFS listed four DPSs as endangered and one DPS as 
threatened (81 FR 62260, September 8, 2016). Under section 4(g) of the 
ESA, and joint guidance from NMFS and U.S. Fish and Wildlife Service, 
NMFS is to monitor, for a minimum of five years, any species delisted 
due to its recovery (guidance is available at: https://media.fisheries.noaa.gov/dam-migration/final_pdm_guidance-fws_and_nmfs-updated_7-2-18_508_compliant.pdf). Although nine DPSs of humpback 
whales no longer qualified for listing and thus were technically not 
``delisted'', for the reasons explained in the ESA listing final rule, 
NMFS considered it appropriate to monitor the status of the populations 
that were no longer listed.
    As a result, in 2016, NMFS implemented a 10-year plan to carry out 
the required monitoring for nine DPSs of humpback whales: the Hawai'i, 
West Indies, Brazil, West Australia, East Australia, Southeastern 
Pacific, Oceania, Southeast Africa/Madagascar, and Gabon/Southwest 
Africa DPSs (available at https://www.fisheries.noaa.gov/resource/document/monitoring-plan-nine-distinct-population-segments-humpback-whale-megaptera). This notice announces the availability of an interim 
report, which provides an evaluation of available monitoring data from 
2017 to 2021 and summarizes the best available information regarding 
the status of the nine non-listed humpback whale DPSs. The interim 
report is available online at https://www.fisheries.noaa.gov/species/humpback-whale#conservation-management or upon request from the NMFS 
Office of Science and Technology.
    NMFS is required by section 4(f) of the ESA to develop and 
implement recovery plans for the conservation and survival of federally 
listed species unless the Secretary finds that such a plan will not 
promote the conservation of the species. Recovery means improvement in 
the status of listed species to the point at which the protections of 
the ESA are no longer necessary. Section 4(f)(1)(B) of the ESA 
specifies that recovery plans must include, to the maximum extent 
practicable: (i) a description of such site-specific management actions 
as may be necessary to achieve the plan's goal for the conservation and 
survival of the species; (ii) objective, measurable criteria which when 
met, would result in a determination that the species be removed from 
the list; and (iii) estimates of the time required and the cost to 
carry out those measures needed to achieve the plan's goal and to 
achieve intermediate steps toward that goal.
    NMFS previously determined that a recovery plan would not promote 
the conservation of the Arabian Sea and Cape Verde Islands/Northwest 
Africa DPSs (Memorandum for Chris Oliver, Assistant Administrator for 
Fisheries, from Donna Wieting, Director, Office of Protected Resources 
(Sep. 12, 2019) (regarding Cape Verde/Northwest Africa DPS); Memorandum 
for Chris Oliver, Assistant Administrator for Fisheries, from Donna 
Wieting, Director, Office of Protected Resources (Dec. 11, 2019) 
(regarding Arabian Sea DPS)). This notice announces our intent to 
replace the species-wide humpback whale recovery plan with a new plan 
specific to the endangered Western North Pacific DPS, the endangered 
Central America DPS, and the threatened Mexico DPS. In the interim, the 
recovery strategy for these DPSs will be guided by the existing 
species-wide plan and a new DPS-specific recovery outline under 
development. Critical habitat was designated for these DPSs in 2021 (86 
FR 21082, April 21, 2021).
    Background information on the species is available on the NMFS 
website at: https://www.fisheries.noaa.gov/species/humpback-whale.

Public Solicitation of New Information

    Section 4(f)(4) of the ESA requires that public notice and an 
opportunity for public review and comment be provided prior to final 
approval of a new or revised recovery plan. Further, section 4(f)(5) 
mandates that all information presented during the public comment 
period is considered prior to implementing a new or revised recovery 
plan. To ensure that recovery plan development 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 the Western North 
Pacific, Mexico, and Central America DPSs of humpback whale. Such 
information should address: (a) criteria for removing these whales from 
the lists of threatened and endangered species; (b) factors that are 
presently limiting, or threaten to limit, the survival of these 
humpback whales distinct population segments; (c) actions to address 
limiting factors and threats; (d) estimates of time and cost to 
implement recovery actions; and (e) research, monitoring, and 
evaluation needs. Upon completion, the draft recovery plan will be 
available for public review and comment through the publication of a 
Federal Register Notice.
    If you wish to provide information for review, you may submit your 
information and materials electronically (see ADDRESSES section). We 
request that all information be accompanied by supporting documentation 
such as maps, bibliographic references, or reprints of pertinent 
publications.
    Authority: 16 U.S.C. 1531 et seq.

    Dated: June 3, 2022.
Angela Somma,
Division Chief, Endangered Species Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. 2022-12461 Filed 6-8-22; 8:45 am]
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