[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Notices]
[Pages 81584-81585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA041


Endangered and Threatened Species; Recovery Plan for the Sperm 
Whale

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Notice of Availability; recovery plan for the sperm whale.

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SUMMARY: The National Marine Fisheries Service (NMFS) announces the 
adoption of an Endangered Species Act (ESA) Recovery Plan for the Sperm 
whale (Physeter macrocephalus). The Recovery Plan contains revisions 
and additions in consideration of public comments received on the 
proposed draft Recovery Plan for the sperm whale.

ADDRESSES: Additional information about the Recovery Plan may be 
obtained by writing to Monica DeAngelis, National Marine Fisheries 
Service, Southwest Regional Office, Protected Resources Division, 501 
W. Ocean Blvd., Suite 4200, Long Beach, CA 90802 or send an electronic 
message to <a href="/cdn-cgi/l/email-protection#430e2c2d2a20226d0726022d24262f2a30032d2c22226d242c35"><span class="__cf_email__" data-cfemail="c588aaabaca6a4eb81a084aba2a0a9acb685abaaa4a4eba2aab3">[email protected]</span></a>.
    Electronic copies of the Recovery Plan and a summary of NMFS' 
response to public comments on the Recovery Plan are available online 
at the NMFS Office of Protected Resources Web site: http://www.nmfs.noaa.gov/pr/species/mammals/cetaceans/spermwhale.htm.

FOR FURTHER INFORMATION CONTACT: Monica DeAngelis (562) 980-3232, e-
mail <a href="/cdn-cgi/l/email-protection#08456766616b69264c6d49666f6d64617b4866676969266f677e"><span class="__cf_email__" data-cfemail="7c311312151f1d5238193d121b1910150f3c12131d1d521b130a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Recovery plans describe actions considered necessary for the 
conservation and recovery of species listed under the Endangered 
Species Act of 1973 (ESA), as amended (16 U.S.C. 1531 et seq.). The ESA 
requires that recovery plans incorporate (1) Objective, measurable 
criteria that, when met, would result in a determination that the 
species is no longer threatened or endangered; (2) site-specific 
management actions necessary to achieve the plan's goals; and (3) 
estimates of the time required and costs to implement recovery actions. 
The ESA requires the development of recovery plans for listed species 
unless such a plan would not promote the recovery of a particular 
species. NMFS' goal is to restore endangered sperm whale (Physeter 
macrocephalus) populations to the point where they are again secure, 
self-sustaining members of their ecosystems and no longer need the 
protections of the ESA.
    The sperm whale was listed as an endangered species under the ESA 
on December 2, 1970 (35 FR 18319). Sperm whales have a global 
distribution and can be found in the Atlantic, Pacific, and Indian 
Oceans. They were subject to commercial whaling for more than two and a 
half centuries and in all parts of the world. The long history of 
whaling and the complex social structure and reproductive behavior of 
sperm whales have confounded assessments of population status and 
structure. Historical catch records are sparse or nonexistent in some 
areas of the world and over long periods of time, and gross under-
reporting or mis-reporting of modern catch data has taken place on a 
large scale. The wide-ranging, generally offshore distribution of sperm 
whales and their long submergence times, complicate efforts to estimate 
abundance. Although the aggregate abundance worldwide is probably at 
least several hundred thousand individuals, the extent of depletion and 
degree of recovery of populations are uncertain. Currently, the 
population structure of sperm whales has not been adequately defined. 
Most models have assigned arbitrary boundaries, often based on patterns 
of historic whaling activity and catch reports, rather than on 
biological evidence. Populations are often divided on an ocean basin 
level. Therefore, the Recovery Plan is organized, for convenience, by 
ocean basin and discussed in three sections: Those sperm whales in the 
Atlantic Ocean/Mediterranean Sea, including the Caribbean Sea and Gulf 
of Mexico, those in the Pacific Ocean and its adjoining seas and gulfs, 
and those in the Indian Ocean. There is a need for an improved 
understanding of the genetic differences among and between populations, 
in order to determine distinct population units. Although there is new 
information, existing knowledge of population structure for this nearly 
continually distributed species remains poor. New information is 
currently insufficient to identify units that are both discrete and 
significant to the survival of the species.
    NMFS released the draft Recovery Plan and requested comments from 
the public on July 6, 2006 (71 FR 38385). A summary of comments and 
NMFS responses to comments are available electronically (see 
ADDRESSES). Concurrent with the public comment period, NMFS requested 
comments from three independent peer-reviewers. The peer-review comment 
period was extended for another 60 days after the public comment period 
was closed to allow peer-reviewers more time.
    The final Recovery Plan contains: (1) A comprehensive review of 
sperm whale ecology, (2) a threats assessment, (3) biological and 
recovery criteria for downlisting and delisting, (4) actions necessary 
for the recovery of the species, (5) an implementation schedule, and 
(6) estimates of time and cost to recovery.
    The Recovery Plan presents a recovery strategy to address the 
potential threats based on the best available science and presents 
guidance for use by agencies and interested parties to assist in the 
recovery of the sperm whale. The threats assessment ranked threats as 
either having a/an Unknown, Unknown but Potentially Low, Low, Medium, 
or High relative impact to the recovery of sperm whales. Ranking 
assignments were determined by an expert panel with contributions from 
reviewers. Following are the threat rankings relative to the recovery 
of the sperm whale:
    <bullet> Fishery interactions in the Indian Ocean, anthropogenic 
noise from ship noise, oil and gas exploration, military sonar and 
explosives, contaminants and pollutants, and loss of prey base due to 
climate and ecosystem change were ranked as having an unknown impact.

[[Page 81585]]

    <bullet> Ship strikes was ranked as having an unknown but 
potentially low impact.
    <bullet> Fishery interactions in the Atlantic Ocean/Mediterranean 
Sea and Pacific Ocean disturbance from whale watching and other 
vessels, disease, injury from marine debris, disturbance due to 
research, predation and natural mortality, direct harvest, competition 
for resources, and cable laying were ranked as having a low impact; and
    No threats were identified as having a medium or high impact 
relative to the recovery of the fin whale.
    The Recovery Plan identifies nine measures that need to be taken to 
ensure the recovery of sperm whales in the Atlantic Ocean/Mediterranean 
Sea, Pacific Ocean, and Indian Ocean. The key features of the proposed 
recovery program for the sperm whale are to: (1) Coordinate State, 
Federal, and international actions to implement recovery efforts; (2) 
develop and apply methods to estimate population size and monitor 
trends in abundance; (3) determine population discreteness and stock 
structure; (4) conduct risk analyses; (5) identify, characterize, 
protect, and monitor habitat essential to sperm whale populations; (6) 
investigate causes of and reduce the frequency and severity of human-
caused injury and mortality; (7) determine and minimize any detrimental 
effects of anthropogenic noise in the oceans; (8) maximize efforts to 
acquire scientific information from dead, stranded, and entangled sperm 
whales; and (9) develop a post-delisting monitoring plan.
    Criteria for the reclassification of the sperm whale are included 
in the final Recovery Plan. In summary, the sperm whale may be 
reclassified from endangered to threatened when all of the following 
have been met: (1) Given current and projected threats and 
environmental conditions, the sperm whale population in each ocean 
basin in which it occurs (Atlantic Ocean/Mediterranean Sea, Pacific 
Ocean, and Indian Ocean) satisfies the risk analysis standard for 
threatened status (has no more than a 1 percent chance of extinction in 
100 years) and the global population has at least 1,500 mature, 
reproductive individuals (consisting of at least 250 mature females and 
at least 250 mature males in each ocean basin). Mature is defined as 
the number of individuals known, estimated, or inferred to be capable 
of reproduction. Any factors or circumstances that are thought to 
substantially contribute to a real risk of extinction that cannot be 
incorporated into a Population Viability Analysis will be carefully 
considered before downlisting takes place; and (2) None of the known 
threats to sperm whales are known to limit the continued growth of 
populations. Specifically, the factors in 4(a)(l) of the ESA are being 
or have been addressed: (A) The present or threatened destruction, 
modification or curtailment of a species' habitat or range; (B) 
overutilization for commercial, recreational or educational purposes; 
(C) disease or predation; (D) the inadequacy of existing regulatory 
mechanisms; and (E) other natural or manmade factors. The population 
will be considered for delisting if all of the following can be met: 
(1) Given current and projected threats and environmental conditions, 
the total sperm whale population in each ocean basin in which it occurs 
(Atlantic Ocean/Mediterranean Sea, Pacific Ocean, and Indian Ocean) 
satisfies the risk analysis standard for unlisted status (has less than 
a 10 percent probability of becoming endangered (has more than a 1 
percent chance of extinction in 100 years) in 20 years). Any factors or 
circumstances that are thought to substantially contribute to a real 
risk of extinction that cannot be incorporated into a Population 
Viability Analysis will be carefully considered before delisting takes 
place; and (2) None of the known threats to sperm whales are known to 
limit the continued growth of populations. Specifically, the factors in 
4(a)(l) of the ESA are being or have been addressed.
    Time and cost for recovery actions are contained in the Recovery 
Plan. The recovery program for the sperm whale will cost $2.4 million 
dollars for the first 5 fiscal years and $173.9 million dollars to full 
recovery, assuming 15 years for recovery starting in 2011 for the 
Atlantic Ocean/Mediterranean Sea and Pacific Ocean regions and 25 years 
for the Indian Ocean.
    In accordance with the 2003 Peer Review Policy as stated in 
Appendix R of the Interim Endangered and Threatened Species Recovery 
Planning Guidance, NMFS solicited independent peer-review on the draft 
Recovery Plan concurrent with the public comment period. Independent 
peer-reviews were requested from three scientists and managers with 
expertise in recovery planning, statistical analyses, fisheries, and 
marine mammals. Many of the recommendations that were made by the 
reviewers were addressed and provided in detail in the final Recovery 
Plan. New information, research results, and references that have 
become available since the draft Recovery Plan was released were also 
incorporated into the final Recovery Plan.

Conclusion

    NMFS revised the final Recovery Plan for the sperm whale and 
evaluated all comments received by the public as well as independent 
peer-reviewers. NMFS concludes that the Recovery Plan meets the 
requirements of the ESA.

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

    Dated: December 21, 2010.
Therese Conant,
Acting Chief, Endangered Species Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2010-32692 Filed 12-27-10; 8:45 am]
BILLING CODE 3510-22-P


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