[Federal Register Volume 70, Number 188 (Thursday, September 29, 2005)]
[Proposed Rules]
[Pages 56884-56885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19372]


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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.

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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 East-West 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

[[Page 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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