[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Notices]
[Pages 4264-4265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01400]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE355


Endangered and Threatened Species; Initiation of 5-Year Review 
for Southern Resident Killer Whales

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

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

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SUMMARY: We, NMFS, announce a 5-year review of Southern Resident killer 
whales (Orcinus orca) under the Endangered Species Act of 1973, as 
amended (ESA). The purpose of these reviews is to ensure that the 
listing classification of a species is accurate. The 5-year review will 
be based on the best scientific and commercial data available at the 
time of the review; therefore, we request submission of any such 
information on Southern Resident killer whales that has become 
available since their original listing as endangered in November 2005 
or since the previous 5-year review completed in 2011. Based on the 
results of this 5-year review, we will make the requisite determination 
under the ESA.

DATES: To allow us adequate time to conduct this review, we must 
receive your information no later than April 25, 2016. However, we will 
continue to accept new information about any listed species at any 
time.

ADDRESSES: You may submit information on this document identified by 
NOAA-NMFS-2016-0006 by either of the following methods:
    <bullet> Electronic submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal www.regulations.gov. To 
submit comments via the Federal e-Rulemaking Portal, first click the 
``submit a comment'' icon, then enter NOAA-NMFS-2016-0006 in the 
keyword search. Locate the document you wish to comment on from the 
resulting list and click on the ``Submit a Comment'' icon on the right 
of that line.
    <bullet> Mail or hand-delivery: Lynne Barre, NMFS West Coast 
Region, 7600 Sand Point Way NE., Seattle, WA 98115.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are a part of the public 
record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. NMFS will 
accept anonymous comments (enter ``N/A'' in the required fields if you 
wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Lynne Barre, West Coast Regional 
Office, 206-526-4745.

[[Page 4265]]


SUPPLEMENTARY INFORMATION: Under the ESA, the U.S. Fish and Wildlife 
Service maintains a list of endangered and threatened wildlife and 
plant species at 50 CFR 17.11 (for animals and 17.12 (for plants). 
Section 4(c)(2)(A) of the ESA requires that we conduct a review of 
listed species at least once every five years. On the basis of such 
reviews under section 4(c)(2)(B), we determine whether or not any 
species should be delisted or reclassified from endangered to 
threatened or from threatened to endangered. Delisting a species must 
be supported by the best scientific and commercial data available and 
only considered if such data substantiates that the species is neither 
endangered nor threatened for one or more of the following reasons: (1) 
The species is considered extinct; (2) the species is considered to be 
recovered; and/or (3) the original data available when the species was 
listed, or the interpretation of such data, were in error. Any change 
in Federal classification would require a separate rulemaking process. 
The regulations in 50 CFR 424.21 require that we publish a notice in 
the Federal Register announcing those species currently under active 
review. This notice announces our active review of the Southern 
Resident killer whale distinct population segment (DPS) currently 
listed as endangered (70 FR 69903; November 18, 2005).
    Background information on Southern Resident killer whales including 
the endangered listing, critical habitat designation, recovery planning 
and protective regulations is available on the NMFS West Coast Region 
Web site at http://www.westcoast.fisheries.noaa.gov/. Below is a brief 
list of several significant actions since the endangered listing of the 
Southern Resident killer whale DPS. Critical habitat was designated in 
November 2006 (71 FR 69054) and includes 2,560 square miles (6,630 sq 
km) of marine habitat in Haro Strait and waters around the San Juan 
Islands, Puget Sound, and the Strait of Juan de Fuca. The final 
Recovery Plan was released in January 2008 (73 FR 4176), and contains 
detailed information on status, threats and recovery actions for 
Southern Residents. Regulations to protect Southern Resident killer 
whales from vessel effects were released in April 2011 (76 FR 20870). A 
five year review was completed in 2011 and concluded that no change was 
needed to the endangered status (NMFS 2011). In 2014 we released a 
report summarizing research and recovery efforts over the last 10 
years. The report and other supporting documents and media are 
available on our Web site at http://www.nwfsc.noaa.gov/news/features/killer_whale_report/index.cfm. In 2015 Southern Resident killer whales 
were named as a Species in the Spotlight, one of eight species among 
the most at risk of extinction in the near future. For more information 
on the Species in the Spotlight program, please visit our Web site at 
http://www.nmfs.noaa.gov/stories/2015/05/05_14_15species_in_the_spotlight.html.

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 taking into account those efforts, if 
any, being made by any State or foreign nation, to protect such 
species.

Public Solicitation of New Information

    To ensure that the 5-year review is complete and based on the best 
available scientific and commercial information, 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 Southern Resident killer 
whales. The 5-year review considers the best scientific and commercial 
data and all new information that has become available since the 
listing determination or most recent status review. 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; (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 or updates to the Recovery Plan, (6) adequacy of 
the recovery criteria, including information on recovery criteria that 
have or have not been met; and (7) other new information, data, or 
corrections including, but not limited to, taxonomic or nomenclatural 
changes, identification of erroneous information contained in the list 
of endangered and threatened species, and improved analytical methods 
for evaluating extinction risk.
    Any new information will be considered during the 5-year review and 
may also be useful in evaluating the ongoing recovery program for 
Southern Resident killer whales. For example, information on 
conservation measures will assist in tracking implementation of actions 
in the Recovery Plan. Habitat information received during the 5-year 
review process may also be useful in our consideration of a revision to 
the designated critical habitat for Southern Resident killer whales. In 
February 2015, we published a 12-month finding notice on a petition 
requesting that we revise critical habitat (80 FR 9682). The 12-month 
finding describes how we intend to proceed with the requested revision 
and lays out a timeline. The critical habitat designation process is 
separate from this 5-year review and will include a separate 
opportunity for public comment.
    If you wish to provide information for this 5-year review, you may 
submit your information and materials electronically or via mail (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 20, 2016.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources, 
National Marine Fisheries Service.
[FR Doc. 2016-01400 Filed 1-25-16; 8:45 am]
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