Federal Register / Vol. 70, No. 190 / Monday, October 3, 2005 / Notices 57565 

comprehensive review to evaluate the 

effectiveness of the FMEPs will occur at 

a minimum every 5 years. 

As specified in the July 10, 2000, the 

Endangered Species Act (ESA) 4(d) rule 

for salmon and steelhead (65 FR 42422) 

and updated rule (June 28, 2005, 70 FR 

37160), NMFS may approve an FMEP if 

it meets criteria set forth in 50 CFR 

223.203(b)(4)(i)(A) through (I). Prior to 

final approval of an FMEP, NMFS must 

publish notification announcing its 

availability for public review and 

comment. 

Authority 

Under section 4 of the ESA, the 

Secretary of Commerce is required to 

adopt such regulations as he deems 

necessary and advisable for the 

conservation of species listed as 

threatened. The ESA salmon and 

steelhead 4(d) rule (65 FR 42422, July 

10, 2000, as updated in 70 FR 37160, 

July 28, 2005) specifies categories of 

activities that contribute to the 

conservation of listed salmonids and 

sets out the criteria for such activities. 

The rule further provides that the 

prohibitions of paragraph (a) of the rule 

do not apply to activities associated 

with fishery harvest provided that an 

FMEP has been approved by NMFS to 

be in accordance with the salmon and 

steelhead 4(d) rule (65 FR 42422, July 

10, 2000, as updated in 70 FR 37160, 

July 28, 2005). 

Dated: September 29, 2005. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 05–19724 Filed 9–30–05; 8:45 am] 

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DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 081905C] 

Endangered Fish and Wildlife; Marine 

Mammal Protection Act; Proposed 

Conservation Plan for Southern 

Resident Killer Whales 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments. 

SUMMARY: The Marine Mammal 

Protection Act (MMPA) of 1972, as 

amended, requires the Secretary of 

Commerce to prepare a conservation 

plan for any species or stock of marine 

mammals designated as depleted under 

the Act. The Southern Resident stock of 

killer whales (Orcinus orca) was 

designated as depleted on May 29, 2003, 

and a conservation plan was developed 

to promote the conservation and 

recovery of these whales. NMFS 

announces the availability for public 

review of the Proposed Conservation 

Plan for Southern Resident Killer 

Whales (Plan). NMFS is requesting 

review and comment on the Plan from 

the public and all interested parties. 

DATES: Written comments and 

information must be received by January 

3, 2006. 

ADDRESSES: Copies of the Plan may be 

reviewed and/or copied at NMFS, 

Protected Resources Division, 7600 

Sand Point Way NE, Seattle, WA 98115. 

The Plan is available on-line on the 

NMFS web site www.nwr.noaa.gov. 

Comments should be submitted by mail 

to Chief, Protected Resources Division, 

1201 NE Lloyd Blvd., Suite 1100, 

Portland, OR 97232 or by e-mail to 

orca.plan@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Garth Griffin, NOAA/NMFS, Northwest 

Region, (503) 231–2005. 

SUPPLEMENTARY INFORMATION: 

Background 

Southern Resident killer whales 

declined by almost 20 percent from 

1996-2001. The scientific information 

evaluated during a status review 

indicated that Southern Resident killer 

whales were depleted under the Marine 

Mammal Protection Act (MMPA). NMFS 

published a proposed rule to designate 

the Southern Resident stock of killer 

whales as depleted on January 30, 2003 

(68 FR 4747). Based on the best 

scientific information available, 

consultation with the Marine Mammal 

Commission, and consideration of 

public comments, we determined that 

the Southern Resident stock of killer 

whales was depleted under the MMPA 

(68 FR 31980; May 29, 2003) and 

announced our intention to prepare a 

conservation plan. 

Conservation plans describe actions to 

conserve and recover a species or stock 

designated as depleted under the 

MMPA. Conservation plans are modeled 

on recovery plans under the Endangered 

Species Act and must include (1) sitespecific management actions necessary 

to achieve the plan’s goals; (2) estimates 

of time required and costs to implement 

actions; and (3) objective, measurable 

criteria which, when met, would result 

in the species or stock no longer 

meeting the definition of depleted. 

The Plan 

We developed the Plan with input 

from a variety of stakeholders, including 

state and Federal agencies, tribes, nonprofit groups, industries, the academic 

community, and concerned citizens. We 

held a series of technical workshops in 

2003-2004 to receive input from 

participants on ideas for management 

actions to include in the plan; 

coordinated with the NMFS Northwest 

Fisheries Science Center research 

program, the State of Washington, and 

the Canadian Department of Fisheries 

and Oceans; and provided a preliminary 

draft document for public review in 

March 2005, meeting with agency 

representatives to discuss the 

preliminary plan. The Plan incorporates 

many of the comments received and 

includes a completed implementation 

schedule with cost estimates for 

conservation measures and research 

actions. 

The Plan provides a strategy to 

conserve and restore Southern Resident 

killer whales, so that they no longer 

meet the definition of a depleted stock. 

It provides background on the natural 

history of killer whales, population 

trends and the potential threats to their 

viability. The Plan lays out a 

conservation strategy to address the 

potential threats based on the best 

available science and includes 

conservation goals and criteria 

consistent with the MMPA. The Plan is 

not a regulatory action, but presents 

guidance for use by agencies and 

interested parties to assist in the 

recovery of killer whales. The 

conservation measures, outlined in the 

plan, detail an initial approach to 

address each of the manageable threats. 

The program also links management 

actions to an active research program to 

fill data gaps, as wells as to monitoring 

activities for assessing effectiveness. 

Feedback from research and monitoring 

will provide the information necessary 

to refine ongoing actions and develop 

and prioritize new actions. The Plan can 

be amended in the future as additional 

information becomes available. 

Conserving Southern Resident killer 

whales is a long-term effort and will 

require cooperation and coordination of 

Federal, state, tribal and local 

government agencies, and the 

community. WNMFS solicits public 

comments on the proposed conservation 

plan. 

Dated: September 29, 2005. 

P. Michael Payne, 

Acting Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 05–19729 Filed 9–30–05; 8:45 am] 

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