[Federal Register Volume 77, Number 181 (Tuesday, September 18, 2012)]
[Proposed Rules]
[Pages 57554-57555]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23001]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 223 and 224
RIN 0648-XT37
Endangered and Threatened Species; Reopening of Public Comment
Period on Proposed Endangered Status for the Hawaiian Insular False
Killer Whale Distinct Population Segment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Reopening of comment period; notice of availability of new
information.
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SUMMARY: We, NMFS, announce the availability of new information that
may identify a previously unrecognized population of false killer
whales in the Northwestern Hawaiian Islands (NWHI). This new
information may be relevant to the final determination of whether the
Hawaiian insular false killer whale (Pseudorca crassidens) is a
distinct population segment (DPS) that qualifies for listing under the
Endangered Species Act of 1973, as amended (ESA). We intend to take
this new information into consideration as we make our final listing
determination on the Hawaiian insular false killer whale. We are
reopening the public comment period on the November 17, 2010, proposed
rule to list the Hawaiian insular false killer whale DPS as endangered
throughout its range under the ESA. We are reopening the comment period
for an additional 15 days for the limited purpose of allowing
interested parties to comment on the new information listed below and
whether it affects the determination that the insular false killer
whale is a DPS that is eligible for ESA listing. Please note that
comments previously submitted should not be resubmitted.
DATES: We will accept public comments on the new information until
October 3, 2012.
ADDRESSES: You may submit comments identified by NOAA-NMFS-2009-0272 by
any one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
Mail or hand-delivery: Submit written comments to
Regulatory Branch Chief, Protected Resources Division, National Marine
Fisheries Service, Pacific Islands Regional Office, 1601 Kapiolani
Blvd., Suite 1110, Honolulu, HI, 96814, Attn: Hawaiian insular false
killer whale proposed listing.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.regulations.gov without
change. Comments will be posted for public viewing after the comment
period has closed. 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. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. The
petition, status review report, and other reference materials regarding
the proposed listing determination can be obtained via the NMFS Pacific
Islands Regional Office Web site: http://www.fpir.noaa.gov/PRD/prd_false_killer_whale.html or by submitting a request to the Regulatory
Branch Chief, Protected Resources Division, National Marine Fisheries
Service, Pacific Islands Regional Office, 1601 Kapiolani Blvd., Suite
1110, Honolulu, HI 96814, Attn: Hawaiian insular false killer whale
proposed listing.
FOR FURTHER INFORMATION CONTACT: Krista Graham, NMFS, Pacific Islands
Regional Office, 808-944-2238; Lance Smith, NMFS, Pacific Islands
Regional Office, 808-944-2258; or Dwayne Meadows, NMFS, Office of
Protected Resources, Silver Spring, MD, 301-427-8403.
SUPPLEMENTARY INFORMATION: On November 17, 2010 (75 FR 70169), we
published a proposed rule to list the Hawaiian insular false killer
whale DPS (Pseudorca crassidens) as endangered throughout its range
under the ESA. The document announced a 90-day public comment period on
the proposed rule, which closed on February 15, 2011. We also held a
public hearing during the proposed rule's public comment period, as
announced in the November 17, 2011, Federal Register (75 FR 70169).
NMFS has received new information about a previously unrecognized
NWHI population of false killer whales, as well as updated satellite
tagging information of the insular population. In August 2012, the
false killer whale biological review team was reconvened to consider
this new information. All of this information may be relevant to the
final determination of whether the Hawaiian insular false killer whale
is a DPS that qualifies for listing as endangered under the ESA. These
reports and journal articles are:
(1) Preliminary Results from Photo-identification and Satellite-
tagging of False Killer Whales off the Island of Kauai, by Robin Baird
(2012).
(2) Photo-identification and Satellite Tagging of False Killer
Whales Provides Evidence of an Island-associated Population in the
Northwestern Hawaiian Islands, by Robin Baird et al. (2012).
(3) Range and Primary Habitats of Hawaiian Insular False Killer
Whales: Informing Determination of Critical Habitat, by Robin Baird et
al. (2012).
(4) Line-transect Abundance Estimates of False Killer Whales in the
Pelagic Region of the Hawaiian Exclusive Economic Zone and in the
Insular Waters of the Northwestern Hawaiian Islands, by Amanda Bradford
et al. (2012).
(5) Genetic Differentiation of Hawaii Insular False Killer Whales:
Analyses Updated with New Samples from the Northwest Hawaiian Islands,
by Susan Chivers et al. (2011).
(6) Population Structure and Mechanisms of Gene Flow within Island-
associated False Killer Whales around the Hawaiian Archipelago, by
Karen Martien et al. (2011).
We are notifying the public of the availability of these reports
and our intent to consider them in making our final listing
determination. We also are reopening the comment period for 15 days to
provide the public the opportunity to provide comments or information
on this new information. We are asking for public comments on this new
information and a review of the extent to which they add to the
knowledge base for making the final decision. This comment period is
open only for comments on the documents listed above as they relate to
the DPS and listing determination of the Hawaiian insular false killer
whale. Comments submitted during the prior comment period have been
incorporated into the public record and will be fully considered during
preparation of our final determination. The issuance of a
[[Page 57555]]
final decision is currently the subject of litigation in Natural
Resources Defense Council v. Bryson et al., Case No. 12-00826 (D.D.C.
2012).
Obtaining Copies of the New Information
You may obtain copies of any of the documents:
By mail from Regulatory Branch Chief, Protected Resources
Division, National Marine Fisheries Service, Pacific Islands Regional
Office, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI, 96814, Attn:
Hawaiian insular false killer whale proposed listing; or
By visiting the NMFS Pacific Islands Regional Office Web
site at http://www.fpir.noaa.gov/PRD/prd_false_killer_whale.html.
Copies of the documents are also available for public inspection,
by appointment during normal business hours, at the NMFS Pacific
Islands Regional Office (see ADDRESSES).
Public Comments Solicited
Comments and information submitted during the initial comment
period on the November 17, 2010 (75 FR 70169), proposed rule should not
be resubmitted, as this comment period is open only for comments on the
reports listed above. Our final determination of whether the Hawaiian
insular false killer whale DPS qualifies as threatened or endangered
under the ESA will take into consideration all comments and information
we receive during both comment periods.
Authority: 16 U.S.C. 1531 et seq.
Dated: September 12, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-23001 Filed 9-17-12; 8:45 am]
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