81584 Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 

requested to submit with the argument: 

(1) A statement of the issues; (2) a brief 

summary of the argument; and (3) a 

table of authorities cited. Further, we 

request that parties submitting written 

comments provide the Department with 

a diskette containing an electronic copy 

of the public version of such comments. 

Case and rebuttal briefs must be served 

on interested parties, in accordance 

with 19 CFR 351.303(f). 

Unless extended, the Department will 

issue the final results of this new 

shipper review, including the results of 

its analysis of issues raised in any 

written briefs, not later than 90 days 

after the date of signature of this notice, 

pursuant to section 751(a)(2)(B)(iv) of 

the Act. 

These preliminary results are issued 

and published in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act, and 19 CFR 351.221(b)(4). 

Dated: December 21, 2010. 

Christian Marsh, 

Acting Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–32677 Filed 12–27–10; 8:45 am] 

BILLING CODE 3510–DS–P 

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. 

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 Monica.DeAngelis@noaa.gov. 

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 Monica.DeAngelis@noaa.gov. 

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: 

• 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. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 248 / Tuesday, December 28, 2010 / Notices 81585 

• Ship strikes was ranked as having 

an unknown but potentially low impact. 

• 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA114 

Gulf of Mexico Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Council to convene public 

meeting. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene a 

meeting of the Ad Hoc Reef Fish 

Limited Access Privilege Program 

Advisory Panel. 

DATES: The meeting will convene at 9 

a.m. on Tuesday, January 25, 2011, and 

conclude by 4 p.m. 

ADDRESSES: The meeting will be held at 

the Gulf of Mexico Fishery Management 

Council, 2203 North Lois Avenue, Suite 

1100, Tampa, FL 33607; telephone: 

(813) 348–1630. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 N. 

Lois Avenue, Suite 1100, Tampa, FL 

33607. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Assane Diagne, Economist; Gulf of 

Mexico Fishery Management Council; 

telephone: (813) 348–1630. 

SUPPLEMENTARY INFORMATION: The Ad 

Hoc Reef Fish Limited Access Privilege 

Program Advisory Panel will meet to 

discuss individual fishing quota 

financing under the Fisheries Finance 

Program, NOAA’s catch share policy, 

and, issues related to the design, 

adoption, implementation, and, 

evaluation of limited access programs 

for the commercial and/or recreational 

sectors. 


emcdonald on DSK2BSOYB1PROD with NOTICES