[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Notices]
[Pages 68756-68757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28282]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA018


Eastern North Pacific Gray Whale; Notice of Petition Availability

AGENCY: National Marine Fisheries Service (NMFS).

ACTION: Notification of availability; request for comments.

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SUMMARY: NMFS has received a petition to designate the Eastern North 
Pacific population of gray whales (Eschrichtius robustus) as a depleted 
stock under the Marine Mammal Protection Act (MMPA). In accordance with 
the MMPA, NMFS is announcing the receipt of the petition and its 
availability for public review and is soliciting comments on the 
petition.

DATES: Comments must be received by close of business on November 24, 
2010.

ADDRESSES: A copy of the petition 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 0648-XA018, by any one of 
the following methods:
    <bullet> Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal http://www.regulations.gov.
    <bullet> Fax: 301-713-0376, Attn: Chief, Marine Mammal and Sea 
Turtle Conservation Division.
    <bullet> Mail: Chief, Marine Mammal and Sea Turtle Conservation 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910.
    Instructions: No comments will be posted for public viewing until 
after the comment period has closed. 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 or Dr. Gregory 
Silber, Office of Protected Resources, Silver Spring, MD (301) 713-
2322.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Interested persons may obtain the petition for review on the 
Internet at the following address: http://www.nmfs.noaa.gov/pr/ or by 
contacting Dr. Shannon Bettridge or Dr. Gregory Silber [see FOR FURTHER 
INFORMATION CONTACT].
    The 2008 stock assessment report for Eastern North Pacific gray 
whales is available on the Internet at the following address: http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2008whgr-en.pdf.

Background

    Section 3(1)(A) of the Marine Mammal Protection Act (MMPA) (16 
U.S.C. 1362(1)(A)) defined the term, ``depletion'' or ``depleted'', to 
include any case in which `` * * * the Secretary, after consultation 
with the Marine Mammal Commission and the Committee of Scientific 
Advisors on Marine Mammals * * * determines that a species or a 
population stock is below its optimum sustainable population.'' Section 
3(9) of the MMPA (16 U.S.C. 1362(9)) defines ``optimum sustainable 
population [(OSP)] * * * with respect to any population stock, [as] the 
number of animals which will result in the maximum productivity of the 
population or the species, keeping in mind the carrying capacity [(K)] 
of the habitat and the health of the ecosystem of which they form a 
constituent element.'' NMFS' regulations at 50 CFR 216.3 clarify the 
definition of OSP as a population size that falls within a range from 
the population level of a given species or stock that is the largest 
supportable within the ecosystem (i.e., K) to its maximum net 
productivity level (MNPL). MNPL is the population abundance that 
results in the greatest net annual increment in population numbers 
resulting from additions to the population from reproduction, less 
losses due to natural mortality.
    The MMPA provides for interested parties to submit a petition to 
designate a population stock of marine mammals 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.
    If NMFS makes a positive 60-day finding, NMFS must promptly 
initiate a review of the status of the affected population stock of 
marine mammals. No later than 210 days after receipt of the petition, 
NMFS must publish a proposed rule as to the status of the species or 
stock, along with the reasons underlying the proposed status 
determination. Following a 60-day minimum comment period on the 
proposed rule, NMFS must publish a final rule within 90 days of the 
close of the comment period on the proposed rule.

[[Page 68757]]

Petition on Eastern North Pacific Gray Whales

    On October 21, 2010, NMFS received a petition from the California 
Gray Whale Coalition to designate the Eastern North Pacific population 
of gray whales as depleted under the MMPA. The petition alleges that 
the causes of the decline include the following:
    (1) Over-harvesting;
    (2) Collapse of cow/calf numbers;
    (3) Predation by transient orcas;
    (4) Major changes in primary prey and habitat as a result of 
climate change; and
    (5) Reduction in available prey species resulting in starvation.
    In accordance with the MMPA, NMFS announces the receipt of this 
petition, and its availability for public review (see ADDRESSES and 
Electronic Access). NMFS also solicits comments and information related 
to the statements in the petition and additional background on the 
status of the Eastern North Pacific population of gray whales.

    Dated: November 4, 2010.
Thomas C. Eagle,
Acting Chief, Marine Mammal and Sea Turtle Conservation Division, 
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-28282 Filed 11-8-10; 8:45 am]
BILLING CODE 3510-22-P