[Federal Register Volume 64, Number 193 (Wednesday, October 6, 1999)]
[Notices]
[Pages 54275-54276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25925]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 051299C]
Marine Mammals; Gray Whale Research and Monitoring
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of report availability.
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SUMMARY: NMFS conducted a review of the status of the Eastern North
Pacific stock of gray whales (Eschrichtius robustus), sometimes
referred to as the ``California'' stock, at a workshop held by the
National Marine Mammal Laboratory (NMML) in Seattle, Washington, on
March 16-17, 1999. Based on the continued growth of this population
(rising at 2.5 percent annually; currently at an estimated 26,600
individuals), and the lack of evidence of any imminent threats to the
stock, workshop participants agreed to continue this stock's
classification as non-threatened. They also concluded that abundance
monitoring should continue at some level and that, ideally, research
should continue on human impacts to critical habitats. This stock's
annual migrations along the highly populated coastline of the western
United States and their concentration in limited winter and summer
areas may make them particularly vulnerable to impacts from commercial
or industrial development or local catastrophic events. The Western
North Pacific (``Korean'') gray whale stock has not recovered and
should continue to be listed as endangered.
This workshop and status review conclude the 5-year assessment of
the Eastern North Pacific gray whale stock following its June 16, 1994,
removal from the List of Endangered and Threatened Wildlife and Plants
(List). Since completion of the status review,
[[Page 54276]]
the increased gray whale stranding rate has continued. NMFS is
currently investigating these mortalities independent of the already
concluded status review process and will issue a report in 2000.
ADDRESSES: A copy of the Status Review is available by writing to Donna
Wieting, Acting Chief, Marine Mammal Conservation Division, Office of
Protected Resources, NMFS, 1315 East-West Hwy, Silver Spring MD 20910-
3282 or by telephoning the individual listed (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, 301-
713-2055.
SUPPLEMENTARY INFORMATION: Under the Marine Mammal Protection Act (16
U.S.C. 1361 et seq.; the MMPA), NMFS has jurisdiction over most marine
mammal species, including whales. Under section 4(a) of the Endangered
Species Act (16 U.S.C. 1531 et seq.; the ESA) and 50 CFR part 424, NMFS
makes determinations as to whether a species should be listed as
endangered or threatened, or whether it should be reclassified or
removed from the List. Accordingly, NMFS has conducted comprehensive
evaluations of the status of the Eastern North Pacific gray whale
stock. The first review was conducted in 1984, followed by another
review in 1990 (56 FR 29471, June 27, 1991). These evaluations were
conducted in terms of factors contained in section 4(a)(1) of the ESA
for listing and delisting actions. The best available abundance
estimate (21,296; CV = 6.05%; 95% CI = 18,900 to 24,000) and average
annual rate of increase (3.29%; SE = 0.44%) indicated that this stock
no longer met the standards for classification as an endangered
species. An extensive public comment period was provided (56 FR 58869,
November 22, 1991). On 7 January 1993 (58 FR 3121), NMFS published a
final notice of determination that this whale stock had recovered to
near its estimated pre-exploitation population size. Although
individual and cumulative impacts might have the potential to adversely
affect these whales, it was determined that this stock was neither in
danger of extinction throughout all or a significant portion of its
range, nor was it likely to again become endangered within the
foreseeable future. NMFS determined, therefore, that the Eastern North
Pacific stock of gray whales should no longer be considered endangered.
On June 3, 1994, NMFS announced the availability of a draft plan (A 5-
year Plan for Research and Monitoring of the Eastern North Pacific
Population of Gray Whales) to review and comment on the research
pertinent to this decision to delist gray whales, as required under
section 4(g) of the ESA. Effective June 16, 1994 (59 FR 31094), as a
result of NMFS' determination, the U.S. Fish and Wildlife Service
(USFWS) removed this whale stock from the List under the ESA.
Concurrent with that action, NMFS amended the list of endangered
species under its jurisdiction (50 CFR part 222), removing the Eastern
North Pacific gray whale stock. Abundance and trends in the
population's growth were sufficient to allow this stock to be removed
from the List without going through an interim consideration period as
a threatened stock.
Changes to the listing of the Eastern North Pacific gray whale
stock did not affect the fact that the Western North Pacific
(``Korean'') gray whale stock has not recovered and should continue to
be considered endangered.
A workshop was convened by NMFS at NMML in Seattle, Washington, on
March 16-17, 1999, to review the status of the Eastern North Pacific
stock of gray whales based on research conducted during the 5-year
period following the delisting of this stock. The workshop followed
guidelines outlined in the NMFS 5-year Plan to conduct the status
review and recommend whether to (1) continue the monitoring program for
an additional 5-year period; (2) terminate the monitoring program; or
(3) consider changing the status of the gray whale under the ESA. The
28 invited participants determined that this stock was neither in
danger of extinction, nor was it likely to again become endangered
within the foreseeable future, according to the determining factors
listed in section 4(a)(1) of the ESA. Therefore, there was no apparent
reason to reverse the previous decision to delist this stock from the
List. There was a consensus among participants that this stock of gray
whales should continue to be monitored for an additional 5-year period
(1999-2004).
Canada's Committee on the Status of Endangered Wildlife in Canada
lists the ``Northeast Pacific population'' of gray whale as ``not at
risk.'' This is the lowest category for animals in their classification
system, which also includes vulnerable, threatened, endangered,
extirpated, and extinct.
Although the Eastern North Pacific stock of gray whales no longer
receives protection under the ESA, it continues to be protected under
the MMPA, and subsistence take is managed under quotas set by the
International Whaling Commission. The delisting of this stock does not
in any way alter the status of the still endangered Western North
Pacific (``Korean'') stock of gray whales. There is no allowable
commercial take of any gray whales, and the Convention on the
International Trade in Endangered Species regulates the transportation
of animal parts. Furthermore, if there is evidence of a significant
negative decline and research indicates that such a change would be
warranted, this stock can be proposed to be listed again as threatened
or endangered under the ESA.
This review concludes the 5-year status review required by section
4(g)(1) of the ESA, that commenced on June 16,
1994 (59 FR 31094), when the USFWS removed this whale stock from
the List.
Dated: September 29, 1999.
Art Jeffers,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 99-25925 Filed 10-5-99; 8:45 am]
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