[Federal Register Volume 87, Number 23 (Thursday, February 3, 2022)]
[Notices]
[Pages 6146-6147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02187]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XB759]


Endangered and Threatened Species; Initiation of a 5-Year Review 
for North Atlantic Right Whale

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 6147]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of initiation of 5-year review; request for information.

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SUMMARY: NMFS announces its intent to conduct a 5-year review of the 
North Atlantic right whale (Eubalaena glacialis). NMFS is required by 
the Endangered Species Act to conduct 5-year reviews to ensure that 
listing classifications of species are accurate. The 5-year review must 
be based on the best scientific and commercial data available at the 
time of the review. We request submission of any such information on 
the North Atlantic right whale, particularly information on its status, 
threats, and recovery, that has become available since its last 5-year 
review in 2017.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than May 4, 2022. However, we will 
continue to accept new information about any listed species at any 
time.

ADDRESSES: Submit your information, identified by docket number NOAA-
NMFS-2022-0004, by the following method:
    <bullet> 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 Now!'' icon, complete the required fields, and enter or 
attach your comments.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other address or individual, or received after 
the comment period ends. All comments received are a part of the public 
record and NMFS will post the comments for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender is publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Diane Borggaard, Greater Atlantic 
Region Right Whale Recovery Coordinator, 978-282-8453, 
<a href="/cdn-cgi/l/email-protection#f3979a929d96dd919c81949492928197b39d9c9292dd949c85"><span class="__cf_email__" data-cfemail="dabeb3bbb4bff4b8b5a8bdbdbbbba8be9ab4b5bbbbf4bdb5ac">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Section 4(c)(2)(A) of the Endangered Species 
Act (ESA) requires that we conduct a review of listed species at least 
once every 5 years. The regulations in 50 CFR 424.21 require that we 
publish a notice in the Federal Register announcing species currently 
under active review. On the basis of such reviews, under section 
4(c)(2)(B) we determine whether a listed species should be delisted, or 
reclassified from endangered to threatened or from threatened to 
endangered (16 U.S.C. 1533(c)(2)(B)). As described by the regulations 
in 50 CFR 424.11(e), the Secretary shall delist a species if the 
Secretary finds that, after conducting a status review based on the 
best scientific and commercial data available: (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 North Atlantic right whale has been listed as endangered under 
the ESA since it was enacted in 1973 (35 FR 18319, December 2, 1970; 73 
FR 12024, March 6, 2008). The last North Atlantic right whale 5-year 
review is available on the NMFS website at: fisheries.noaa.gov/resource/document/5-year-review-north-atlantic-right-whale-eubalaena-glacialis. Additional background information on the North Atlantic 
right whale is also available on the website at: fisheries.noaa.gov/species/north-atlantic-right-whale.

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 conducting a review of the status of 
the species and after taking into account those efforts, if any, being 
made by any State or foreign nation to protect such species.

Public Solicitation of New Relevant Information

    To ensure that the 5-year review is complete and based on the best 
scientific and commercial data available, 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 listed North Atlantic 
right whale. 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 to the 
species and its habitats; (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; and (6) other new information, data, or 
corrections including, but not limited to, taxonomic or nomenclatural 
changes and improved analytical methods for evaluating extinction risk.
    If you wish to provide information for this 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. 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: January 28, 2022.
Angela Somma,
Chief, Endangered Species Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service.
[FR Doc. 2022-02187 Filed 2-2-22; 8:45 am]
BILLING CODE 3510-22-P


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