[Federal Register Volume 75, Number 216 (Tuesday, November 9, 2010)]
[Notices]
[Pages 68756-68757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28282]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA018
Eastern North Pacific Gray Whale; Notice of Petition Availability
AGENCY: National Marine Fisheries Service (NMFS).
ACTION: Notification of availability; request for comments.
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SUMMARY: NMFS has received a petition to designate the Eastern North
Pacific population of gray whales (Eschrichtius robustus) as a depleted
stock under the Marine Mammal Protection Act (MMPA). In accordance with
the MMPA, NMFS is announcing the receipt of the petition and its
availability for public review and is soliciting comments on the
petition.
DATES: Comments must be received by close of business on November 24,
2010.
ADDRESSES: A copy of the petition may be requested from Chief, Marine
Mammal and Sea Turtle Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910.
You may submit comments, identified by 0648-XA018, by any one of
the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal http://www.regulations.gov.
Fax: 301-713-0376, Attn: Chief, Marine Mammal and Sea
Turtle Conservation Division.
Mail: Chief, Marine Mammal and Sea Turtle Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910.
Instructions: No comments will be posted for public viewing until
after the comment period has closed. All comments received are a part
of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may 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). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Dr. Shannon Bettridge or Dr. Gregory
Silber, Office of Protected Resources, Silver Spring, MD (301) 713-
2322.
SUPPLEMENTARY INFORMATION:
Electronic Access
Interested persons may obtain the petition for review on the
Internet at the following address: http://www.nmfs.noaa.gov/pr/ or by
contacting Dr. Shannon Bettridge or Dr. Gregory Silber [see FOR FURTHER
INFORMATION CONTACT].
The 2008 stock assessment report for Eastern North Pacific gray
whales is available on the Internet at the following address: http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2008whgr-en.pdf.
Background
Section 3(1)(A) of the Marine Mammal Protection Act (MMPA) (16
U.S.C. 1362(1)(A)) defined the term, ``depletion'' or ``depleted'', to
include any case in which `` * * * the Secretary, after consultation
with the Marine Mammal Commission and the Committee of Scientific
Advisors on Marine Mammals * * * determines that a species or a
population stock is below its optimum sustainable population.'' Section
3(9) of the MMPA (16 U.S.C. 1362(9)) defines ``optimum sustainable
population [(OSP)] * * * with respect to any population stock, [as] the
number of animals which will result in the maximum productivity of the
population or the species, keeping in mind the carrying capacity [(K)]
of the habitat and the health of the ecosystem of which they form a
constituent element.'' NMFS' regulations at 50 CFR 216.3 clarify the
definition of OSP as a population size that falls within a range from
the population level of a given species or stock that is the largest
supportable within the ecosystem (i.e., K) to its maximum net
productivity level (MNPL). MNPL is the population abundance that
results in the greatest net annual increment in population numbers
resulting from additions to the population from reproduction, less
losses due to natural mortality.
The MMPA provides for interested parties to submit a petition to
designate a population stock of marine mammals as depleted. Section
115(a)(3) of the MMPA (16 U.S.C. 1383b(a)(3)) requires NMFS to publish
a notice in the Federal Register that such a petition has been received
and is available for public review. Within 60 days of receiving a
petition, NMFS must publish a finding in the Federal Register as to
whether the petition presents substantial information indicating that
the petitioned action may be warranted.
If NMFS makes a positive 60-day finding, NMFS must promptly
initiate a review of the status of the affected population stock of
marine mammals. No later than 210 days after receipt of the petition,
NMFS must publish a proposed rule as to the status of the species or
stock, along with the reasons underlying the proposed status
determination. Following a 60-day minimum comment period on the
proposed rule, NMFS must publish a final rule within 90 days of the
close of the comment period on the proposed rule.
[[Page 68757]]
Petition on Eastern North Pacific Gray Whales
On October 21, 2010, NMFS received a petition from the California
Gray Whale Coalition to designate the Eastern North Pacific population
of gray whales as depleted under the MMPA. The petition alleges that
the causes of the decline include the following:
(1) Over-harvesting;
(2) Collapse of cow/calf numbers;
(3) Predation by transient orcas;
(4) Major changes in primary prey and habitat as a result of
climate change; and
(5) Reduction in available prey species resulting in starvation.
In accordance with the MMPA, NMFS announces the receipt of this
petition, and its availability for public review (see ADDRESSES and
Electronic Access). NMFS also solicits comments and information related
to the statements in the petition and additional background on the
status of the Eastern North Pacific population of gray whales.
Dated: November 4, 2010.
Thomas C. Eagle,
Acting Chief, Marine Mammal and Sea Turtle Conservation Division,
Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. 2010-28282 Filed 11-8-10; 8:45 am]
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