56884 Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules 

a monophyletic clade; depending on the 

study or analysis method, specimens 

from northern Utah, central Utah, and 

western Wyoming group with the SRMP 

(Goebel 1996, 1999, 2000, 2003, 2005). 

The lack of observed monophyly may be 

due to poor resolution that additional 

samples and sequence data might 

improve (Goebel 1999, 2000). It may 

also suggest that toads in the SRMP are 

very closely related to nearby 

populations due to recent (in geologic 

time) geographic isolation of the SRMP 

(Goebel 1999). While the current 

mitochondrial DNA data suggest the 

existence of diverging evolutionary 

lineages in the Bufo boreas group, the 

toads appear to be so closely related that 

interbreeding would likely produce 

viable offspring (Goebel 2003). 

The close relationships between the 

SRMP and nearby populations may also 

be due to the retention of ‘‘old’’

haplotypes from lineage sorting (Goebel 

1999, 2000). From a phylogenetic 

viewpoint the entire mitochondrial 

DNA genome constitutes a single locus 

inherited as a linked unit (Avise 2000). 

Therefore, analyses based on the 

mitochondrial genome could produce 

patterns that represent the gene’s 

lineage, but not necessarily the true 

evolutionary direction of the species. 

For this reason, when analyzing the 

historical relationships among taxa it is 

prudent to compare phylogenetic 

hypotheses from both mitochondrial 

data and nuclear data (which represent 

a large number of loci). 

Studies of the Bufo boreas group 

using nuclear DNA data have been 

performed, but the results were affected 

by small sample sizes from some 

localities and exclusion of samples due 

to missing data (Goebel 1999, 2000). 

When later analyses were performed 

with additional samples, a nuclear DNA 

clade containing the SRMP was 

identified, but it included specimens 

from western Wyoming localities 

geographically separated from the SRMP 

(Goebel 2003). 

We believe that additional nuclear 

(e.g. micro satellite) DNA data and 

supplemental mitochondrial DNA 

sequence data are necessary to clarify 

the genetic relationships within and 

between boreal toad populations, 

including the SRMP segment and others 

in the Rocky Mountains. The multiagency Team also recommends 

additional studies, on the grounds that 

genetic distinctions between SRMP 

toads and nearby toad populations are 

based on data from too few specimens 

(Loeffler 2001). After considering the 

best available information, we cannot 

conclude that the SRMP differs 

markedly from other boreal toad 

populations in genetic characteristics. 

In conclusion, we determine that the 

SRMP, as currently described, does not 

meet the significance criteria of our DPS 

policy. As such, the SRMP does not 

qualify as a distinct population segment. 

Therefore, it is not a listable entity 

under the ESA. Based on this 

determination, we withdraw the SRMP 

from the candidate list. 

We will accept additional information 

and comments from all concerned 

governmental agencies, the scientific 

community, industry, or any other 

interested party concerning this finding. 

We will reconsider this determination 

in the event that new information 

indicates that the SRMP is significant. 

References 

A complete list of all references cited 

herein is available upon request from 

the Grand Junction, Colorado Office, 

U.S. Fish and Wildlife Service (see 

ADDRESSES). 

Author 

The primary author of this finding is 

Larry Thompson, Grand Junction, 

Colorado Office, U.S. Fish and Wildlife 

Service (see ADDRESSES). 

Authority: The authority for this action is 

the Endangered Species Act of 1973 (16 

U.S.C. 1531 et seq.). 

Dated: September 20, 2005. 

Marshall P. Jones, Jr., 

Director, U.S. Fish and Wildlife Service. 

[FR Doc. 05–19488 Filed 9–28–05; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 224 

[I.D. 081605A] 

Endangered and Threatened Species; 

Petition to Initiate Emergency 

Rulemaking to Prevent the Extinction 

of the North Atlantic Right Whale; Final 

Determination 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; response to petition; 

final determination. 

SUMMARY: NMFS received a petition 

dated May 19, 2005 co-signed by 

Defenders of Wildlife, International 

Fund for Animal Welfare, International 

Wildlife Coalition, National 

Environmental Trust, Natural Resources 

Defense Council, Oceana, The Humane 

Society of the United States, The Ocean 

Conservancy, and Whale and Dolphin 

Conservation Society, requesting that 

NMFS ‘‘promulgate emergency 

regulations, within sixty days, to slow 

and/or re-route vessels within right 

whale habitat, as a means of protecting 

the species until such time as 

permanent measures can be enacted. 

Such emergency regulations should 

require all ships entering and leaving all 

major East Coast ports to travel at 

speeds of 12 knots or less within 25 

nautical miles of port entrances during 

expected right whale high-use periods.’’

NMFS has determined that the petition 

is not warranted at this time. 

ADDRESSES: Further information on the 

North Atlantic Right Whale program can 

be found on NMFS’ internet websites at 

www.nmfs.noaa.gov/pr/shipstrike/ and 

at www.nero.noaa.gov/shipstrike/. 

Comments and requests for copies of 

this determination should be addressed 

to the Chief, Marine Mammal and Turtle 

Conservation Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: P. 

Michael Payne; Phone: 301–713–2322; 

Fax: 301–427–2522. 

SUPPLEMENTARY INFORMATION: 

Background 

The North Atlantic right whale, 

Eubalaena glacialis, is considered one 

of the most endangered large whale 

populations in the world. Right whales 

have been listed as endangered under 

the Endangered Species Act (ESA) since 

its passage in 1973 (35 FR 8495, June 2, 

1970). Although precise estimates of 

abundance are not available, it appears 

that the eastern North Atlantic 

population is nearly extinct and the 

western North Atlantic population 

numbers approximately 300 whales. 

The status of North Atlantic right 

whales is a very serious issue for NMFS. 

While calf production has increased 

somewhat in recent years, recovery is 

seriously affected by fatalities and 

serious injury resulting from human 

activities, primarily from entanglement 

in fishing gear and collisions with ships. 

NMFS has been working with state 

and other Federal agencies, concerned 

citizens and citizen groups, 

environmental organizations, and the 

shipping industry to address the 

ongoing threat of ship strikes to North 

Atlantic right whales as part of its 

responsibilities related to right whale 

recovery. NMFS has established a right 

whale ship strike reduction program, 

that includes among other things, aerial 

Federal Register / Vol. 70, No. 188 / Thursday, September 29, 2005 / Proposed Rules 56885 

surveys to notify mariners of right whale 

sighting locations; the operation of 

Mandatory Ship Reporting systems to 

provide information to mariners 

entering right whale habitat; interagency 

collaboration to address the threat; and 

consultations under section 7 of the 

ESA. 

NMFS has developed a multi year, 

wide-ranging Ship Strike Reduction 

Strategy. The draft Strategy was 

published as an Advance Notice of 

Proposed Rulemaking (ANPR) (69 FR 

30857, June 1, 2004), and a series of 

public meetings were held on the 

ANPR. NMFS is currently analyzing its 

various measures and alternatives. A 

Notice of Intent to prepare a Draft 

Environmental Impact Statement under 

the National Environment Policy Act 

has been published (70 FR 36121, June 

22, 2005), and this analysis is 

underway. The draft Strategy and its 

alternatives identify a set of protective 

measures that include proposed routing 

changes and ship speed restrictions 

along the eastern seaboard. 

Final Determination of Petition 

NMFS acknowledges the receipt of 

the petition for emergency rulemaking. 

As noted above, NMFS is in the process 

of analyzing a broad draft ship strike 

reduction strategy that includes 

potential operational measures such as 

routing changes and ship speed 

restrictions along the eastern seaboard. 

Promulgating a separate 12–knot speed 

limit, at this time, would curtail full 

public notice, comment and 

environmental analysis, duplicate 

agency efforts and reduce agency 

resources for a more comprehensive 

strategy, as well as risk delaying 

implementation of the draft Strategy. 

Instead of imposing measures in 

piecemeal fashion, NMFS continues to 

believe that putting a comprehensive 

strategy in place is the best course of 

long-term action. 

NMFS is enhancing its non-regulatory 

measures to reduce ship strikes and will 

proceed with analysis and rulemaking 

to implement specific regulatory 

measures of the comprehensive ship 

strike reduction strategy in the coming 

months. 

NMFS will continue to work with 

other Federal agencies, especially with 

regard to completing or initiating further 

consultations under section 7(a) of the 

ESA. The intent of these informal and 

formal discussions is to ensure that 

routine vessel operations, or special 

activities involving vessels, are not 

likely to jeopardize the continued 

existence of right whales or destroy or 

adversely modify right whale critical 

habitat. 

As part of the draft Strategy, the U.S. 

Coast Guard (USCG) is conducting Port 

Access Route Studies (70 FR 8312, 

February 18, 2005) on two routing 

changes (one in Cape Cod Bay, and one 

in right whale critical habitat in waters 

off Florida and Georgia). The USCG 

analysis will assess potential 

navigational problems should the routes 

be imposed. The USCG is required to 

provide its recommendations on the 

proposed routes in a report to Congress 

by early 2006. 

In the meantime, NMFS is also 

issuing information on right whales, 

their vulnerability to ship strikes, and 

advisories to ships to slow to 12 knots 

or less when transiting areas occupied 

by right whales on NOAA Weather 

Radio broadcasts, as well as issuing the 

same information in revisions to the 

U.S. Coast Pilots and other mariner 

navigational aides. Moreover, NMFS has 

increased efforts to educate mariners on 

steps they can take to reduce the 

likelihood of a ship strike. 

Authority 

The authority for this action is 5 

U.S.C. 555(e) and 16 U.S.C. 1531, et seq. 

Dated: September 22, 2005. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 05–19372 Filed 9–28–05; 8:45 am] 

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