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Department of Commerce Vol. 80 Friday, No. 34 February 20, 2015 Part II Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Part 226 Endangered and Threatened Species; Critical Habitat for Endangered North Atlantic Right Whale; Proposed Rule VerDate Sep<11>2014 17:36 Feb 19, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\20FEP2.SGM 20FEP2 TKELLEY on DSK3SPTVN1PROD with PROPOSALS2 9314 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules DEPARTMENT OF COMMERCE Regional Office, 55 Great Republic This critical habitat was revised in 2006 Drive, Gloucester, MA 01930. to include two foraging areas in the National Oceanic and Atmospheric Instructions: You must submit North Pacific Ocean—one in the Bering Administration comments by one of the above methods Sea and one in the Gulf of Alaska (71 to ensure that we receive, document, FR 38277; July 6, 2006). 50 CFR Part 226 and consider them. Comments sent by In 2006, we published a comprehensive right whale status [Docket No. 100217099–4774–02] any other method, to any other address or individual, or received after the end review, which concluded that recent RIN 0648–AY54 of the comment period, may not be genetic data provided unequivocal considered. All comments received are support to distinguish three right whale Endangered and Threatened Species; a part of the public record and will lineages as separate phylogenetic Critical Habitat for Endangered North generally be posted to http:// species (Rosenbaum et al. 2000): (1) The Atlantic Right Whale www.regulations.gov without change. North Atlantic right whale (Eubalaena AGENCY: National Marine Fisheries All Personal Identifying Information (for glacialis) ranging in the North Atlantic Service (NMFS), National Oceanic and example, name, address, etc.) Ocean; (2) The North Pacific right whale Atmospheric Administration (NOAA), voluntarily submitted by the commenter (Eubalaena japonica), ranging in the Commerce. may be publicly accessible. Do not North Pacific Ocean; and (3) The southern right whale (Eubalaena ACTION: Proposed rule; request for submit Confidential Business australis), historically ranging comments. Information or otherwise sensitive or protected information. throughout the southern hemisphere’s SUMMARY: We, the NMFS, propose to NMFS will accept anonymous oceans. Based on these findings, we replace the critical habitat for right comments (enter ‘‘N/A’’ in the required published proposed and final whales in the North Atlantic with two fields if you wish to remain determinations listing right whales in new areas. The areas under anonymous). the North Atlantic, North Pacific, and southern hemisphere as separate consideration as critical habitat contain FOR FURTHER INFORMATION CONTACT: 2 endangered species under the ESA (71 approximately 29,945 nm of marine Mark Minton, NMFS, Greater Atlantic habitat in the Gulf of Maine and Georges FR 77704, December 27, 2006; 73 FR Regional Fisheries Office (GARFO), 12024, March 6, 2008). In April 2008, a Bank region (Unit 1) and off the 978–282–8484, [email protected]; Southeast U.S. coast (Unit 2). We have final critical habitat designation was Barb Zoodsma, NMFS, Southeast published for the North Pacific right considered positive and negative Regional Office, 904–415–3960, economic, national security, and other whale (73 FR 19000, April 8, 2008). [email protected]; Lisa On October 1, 2009, NMFS received a relevant impacts of the proposed critical Manning, NMFS, Office of Protected habitat. We do not propose to exclude petition to revise the 1994 critical Resources, 301–427–8466, habitat designation for right whales in any particular area from the proposed [email protected]. critical habitat. the North Atlantic. In response, SUPPLEMENTARY INFORMATION: We are soliciting comments from the pursuant to section 4(b)(3)(D), NMFS The Draft Biological Source Document public on all aspects of the proposal, published a combined 90-day finding (NMFS 2014a) and Draft ESA Section including our identification and and 12-month determination on October 4(b)(2) Report (NMFS 2014b) prepared consideration of impacts of the 6, 2010, that the petition presented in support of this proposal for critical proposed action. A draft Biological substantial scientific information habitat for the North Atlantic right Source Document provides the basis for indicating that the requested revision whale are available on our Web site at our identification of the physical and may be warranted, and that we intended www.greateratlantic.fisheries.noaa.gov, biological features essential to the to issue a proposed rule to revise critical on the Federal eRulemaking Web site at conservation of the species that may habitat for the North Atlantic right http://www.regulations.gov, or upon require special management whale (75 FR 61690). As noted in that request (see ADDRESSES). considerations or protection. A draft finding, the biological basis and analysis for the 1994 critical habitat designation report was also prepared pursuant to Background section 4(b)(2) of the Endangered were based on the North Atlantic In 1970, right whales, Eubalaena spp. population of right whales, and we Species Act (ESA) in support of this were listed as endangered (35 FR 18319; proposal. Both supporting documents consider that designation to continue to December 2, 1970). At that time, we apply to North Atlantic right whales are available for public review and considered the northern right whale comment. after they were subsequently listed as a species (Eubalaena glacialis) to consist separate species in 2008. At this time, DATES: Comments on this proposal must of two populations; one occurring in the NMFS is proposing to replace the 1994 be received by April 21, 2015. North Atlantic Ocean and the other in critical habitat designation for the ADDRESSES: You may submit comments, the North Pacific Ocean. In 1994, we population of right whales in the North identified by the NOAA–NMFS–2014– designated critical habitat for the Atlantic Ocean with two new areas of 0085, by any of the following methods: northern right whale population in the critical habitat for the North Atlantic • Electronic Submissions: Submit all North Atlantic Ocean (59 FR 28805; right whale. electronic public comments via the June 3, 1994). This critical habitat Federal eRulemaking Portal. Go to designation includes portions of Cape North Atlantic Right Whale Natural www.regulations.gov/ Cod Bay and Stellwagen Bank, the Great History and Status #!docketDetail;D=NOAA-NMFS-2014- South Channel (each off the coast of The following discussion of the life 0085 click the ‘‘Comment Now’’ icon, Massachusetts), and waters adjacent to history and reproductive biology and complete the required fields, and enter the coasts of Georgia and the east coast population status of North Atlantic right or attach your comments. of Florida. These areas were determined whales is based on the best scientific • Mail: Assistant Regional to provide critical feeding, nursery, and data available, including the North Administrator, Protected Resources calving habitat for the North Atlantic Atlantic right whale Status Review Division, NMFS, Greater Atlantic population of northern right whales. Report (NMFS 2006) and the Draft VerDate Sep<11>2014 17:36 Feb 19, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\20FEP2.SGM 20FEP2 TKELLEY on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 34 / Friday, February 20, 2015 / Proposed Rules 9315 Biological Source Document (NMFS whale is in danger of extinction waters of Greenland and Iceland 2014a). throughout its range. (Waring et al. 2011). The North Atlantic right whale Waring et al. (2013) examined the Right whales have also been rarely (Eubalaena glacialis) is a member of the minimum number alive population observed in the Gulf of Mexico. The few family Balaenidae and is closely related index calculated from the individual published sightings (Moore and Clark to the right whale species that inhabit sightings database, as it existed on 21 1963, Schmidly and Melcher 1974, the North Pacific Ocean (Eubalaena October 2011, for the years 1990–2009, Ward-Geiger et al. 2011) represent either japonica) and the Southern hemisphere and found the data suggest a positive geographic anomalies or a more (Eubalaena australis). Right whales are and slowly accelerating trend in extensive historic range beyond the sole large baleen whales that grow to lengths population size. These data reveal a known calving and wintering ground in and weights exceeding 15 meters and 70 significant positive trend in the number the waters of the southeastern United tons, respectively. Females are typically of catalogued whales alive during this States (Waring et al. 2009). Therefore, larger than males. The distinguishing period, but with significant interannual the Gulf of Mexico is not considered features of right whales include a stocky variation due to apparent losses part of the geographical area occupied body, generally black coloration exceeding gains during 1998–1999. by the species ‘‘at the time it was (although some individuals have white These data reveal a significant increase listed.’’ patches on their undersides), lack of a in the number of catalogued whales Our regulations at 50 CFR 424.12(h) 1 4 state: ‘‘Critical habitat shall not be dorsal fin, large head (about ⁄ of the with a geometric mean growth rate for designated within foreign countries or body length), strongly bowed margin of the period of 2.6% (Waring et al. 2013). the lower lip, and hard white patches of in other areas outside of United States callosities on the head region. Two rows Critical Habitat Identification and jurisdiction.’’ Although North Atlantic of long (up to approximately eight feet Designation right whales have been sighted in in length) baleen plates hang from the coastal waters of Canada, Greenland, Critical habitat is defined by section upper jaw with approximately 225 Iceland, and Norway, these areas cannot 3 of the ESA as (i) the specific areas plates on each side.
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