Vol. 80 Tuesday, No. 76 April 21, 2015 Part III Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Parts 223 and 224 Endangered and Threatened Species; Identification of 14 Distinct Population Segments of the Humpback Whale (Megaptera novaeangliae) and Proposed Revision of Species-Wide Listing; Proposed Rule VerDate Sep<11>2014 19:24 Apr 20, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\21APP2.SGM 21APP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 22304 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules DEPARTMENT OF COMMERCE hearings, see SUPPLEMENTARY February 26, 2014, the State of Alaska INFORMATION. submitted a petition to delineate the National Oceanic and Atmospheric You may submit comments, identified Central North Pacific (Hawaii) stock of Administration by NOAA–NMFS–2015–0035, by any of the humpback whale as a DPS and the following methods: remove the DPS from the List of 50 CFR Parts 223 and 224 Electronic Submission: Submit all Endangered and Threatened Species electronic public comments via the [Docket No. 130708594–5298–02 ] under the ESA. After reviewing the Federal eRulemaking Portal. petitions, the literature cited in the RIN 0648–XC751 1. Go to www.regulations.gov/ petitions, and other literature and #!docketDetail;D= NOAA-NMFS-2015- information available in our files, we Endangered and Threatened Species; 0035, found that both petitioned actions may Identification of 14 Distinct Population 2. Click the ‘‘Comment Now!’’ icon, be warranted and issued positive 90-day Segments of the Humpback Whale complete the required fields findings (78 FR 53391, August 29, 2013; (Megaptera novaeangliae) and 3. Enter or attach your comments. 79 FR 36281, June 26, 2014). We Proposed Revision of Species-Wide —Or— extended the deadline for receiving Listing Mail: Submit written comments to information by 30 days to help us AGENCY: National Marine Fisheries Marta Nammack, NMFS, 1315 East-West respond to the petition to delist the Service (NMFS), National Oceanic and Highway, Room 13536, Silver Spring, Central North Pacific population (79 FR Atmospheric Administration (NOAA), MD 20910. 40054; July 11, 2014). We incorporated Commerce. Instructions: Comments sent by any the consideration of both petitioned other method, to any other address or actions into the status review. ACTION: Proposed rule; 12-month Based on information presented in the findings. individual, or received after the end of the comment period, may not be status review report, an assessment of SUMMARY: We, NMFS, have completed a considered by NMFS. All comments the ESA section 4(a)(1) factors, and comprehensive status review of the received are a part of the public record efforts being made to protect the humpback whale (Megaptera and will generally be posted for public species, we have determined: (1) 14 novaeangliae) under the Endangered viewing on www.regulations.gov populations of the humpback whale Species Act of 1973, as amended (ESA) without change. All personal identifying meet the DPS policy criteria and are (16 U.S.C. 1531 et seq.) and announce information (e.g., name, address, etc.), therefore considered to be DPSs; (2) the a proposal to revise the listing status of confidential business information, or Cape Verde Islands/Northwest Africa the species. We propose to divide the otherwise sensitive information and Arabian Sea DPSs are in danger of globally listed endangered species into submitted voluntarily by the sender will extinction throughout their ranges; (3) 14 distinct population segments (DPSs), be publicly accessible. NMFS will the Western North Pacific and Central remove the current species-level listing, accept anonymous comments (enter ‘‘N/ America DPSs are likely to become and in its place list 2 DPSs as A’’ in the required fields if you wish to endangered throughout all of their endangered and 2 DPSs as threatened. remain anonymous). ranges in the foreseeable future; and (4) The remaining 10 DPSs are not The proposed rule, Status Review the West Indies, Hawaii, Mexico, Brazil, proposed for listing based on their report and other materials relating to Gabon/Southwest Africa, Southeast current statuses. This proposal also this proposal can be found on the NMFS Africa/Madagascar, West Australia, East constitutes a negative 12-month finding Web site at: http://nmfs.noaa.gov/pr/. Australia, Oceania, and Southeastern on a petition to delineate and ‘‘delist’’ FOR FURTHER INFORMATION CONTACT: Pacific DPSs are not in danger of a DPS of humpback whales spanning Marta Nammack, NMFS, (301) 427– extinction throughout all or a significant the entire North Pacific and a positive 8469. portion of their ranges or likely to become so in the foreseeable future. 12-month finding on a petition to SUPPLEMENTARY INFORMATION: On August delineate and ‘‘delist’’ a DPS in the Accordingly, we issue a proposed rule 12, 2009, we announced the initiation of to revise the species-wide listing of the Central North Pacific (Hawaii breeding a status review of the humpback whale population). humpback whale by replacing it with 2 to determine whether an endangered endangered species listings (Cape Verde At this time, we do not propose to listing for the entire species was still designate critical habitat for the two Islands/Northwest Africa and Arabian appropriate (74 FR 40568). We sought Sea DPSs) and 2 threatened species listed DPSs that occur in U.S. waters information from the public to inform (Western North Pacific, Central listings (Western North Pacific and our review, hired two post-doctoral Central America DPSs). We solicit America) because it is not currently students to compile the best available determinable. In order to complete the comments on these proposed actions. scientific and commercial information We also propose to extend the ESA critical habitat designation process, we on the species (Fleming and Jackson, also solicit information on essential section 9 prohibitions to the 2 2011), including the past, present, and threatened DPSs. physical and biological features of the foreseeable future threats to this species, habitat of these two DPSs. and appointed a Biological Review Outline DATES: Comments must be submitted to Team (BRT) to analyze that information, ESA Statutory Provisions, Regulations, and NMFS by July 20, 2015. For specific make conclusions on extinction risk, Policy Considerations dates of the public hearings, see and prepare a status review report Distinct Population Segment Policy SUPPLEMENTARY INFORMATION. Requests (Bettridge et al., 2015). ‘‘Foreseeable Future’’ for additional public hearings must be On April 16, 2013, we received a ‘‘Significant Portion of its Range’’ made in writing and received by June 5, petition from the Hawaii Fishermen’s Background 2015. Alliance for Conservation and Tradition, Behavior Feeding ADDRESSES: Four public hearings will be Inc., to classify the North Pacific Reproduction held, one each in Juneau, AK, Honolulu, humpback whale population as a DPS Natural Mortality HI, Plymouth, MA, and Virginia Beach, and ‘‘delist’’ the DPS under the Status Review Report VA. For specific locations of these Endangered Species Act (ESA). On Humpback Whale Subspecies VerDate Sep<11>2014 19:24 Apr 20, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\21APP2.SGM 21APP2 tkelley on DSK3SPTVN1PROD with PROPOSALS2 Federal Register / Vol. 80, No. 76 / Tuesday, April 21, 2015 / Proposed Rules 22305 Reproductive Seasonality A. The present or Threatened Destruction, B. Overutilization for Commercial, Behavior Modification, or Curtailment of its Recreational, Scientific, or Educational Color patterns Habitat or Range Purposes Genetics B. Overutilization for Commercial, C. Disease or Predation Subspecies Discussion and Conclusions Recreational, Scientific, or Educational D. Inadequacy of Existing Regulatory Distinct Population Segment Analysis, By Purposes Mechanisms Subspecies C. Disease or Predation E. Other Natural or Manmade Factors North Atlantic D. Inadequacy of Existing Regulatory Affecting its Continued Existence Overview Mechanisms West Australia DPS Discreteness E. Other Natural or Manmade Factors A. The present or Threatened Destruction, Significance Affecting its Continued Existence Modification, or Curtailment of its North Pacific Hawaii DPS Habitat or Range Overview A. The present or Threatened Destruction, B. Overutilization for Commercial, Discreteness Modification, or Curtailment of its Recreational, Scientific, or Educational Significance Habitat or Range Purposes Southern Hemisphere B. Overutilization for Commercial, C. Disease or Predation Overview: Recreational, Scientific, or Educational D. Inadequacy of Existing Regulatory Discreteness Purposes Mechanisms Significance C. Disease or Predation E. Other Natural or Manmade Factors Affecting its Continued Existence Extinction Risk Assessment D. Inadequacy of Existing Regulatory East Australia DPS Abundance and Trends for Each DPS Mechanisms West Indies DPS A. The present or Threatened Destruction, E. Other Natural or Manmade Factors Cape Verde Islands/Northwest Africa DPS Modification, or Curtailment of its Affecting its Continued Existence Western North Pacific DPS Habitat or Range Mexico DPS Hawaii DPS B. Overutilization for Commercial, A. The present or Threatened Destruction, Mexico DPS Recreational, Scientific, or Educational Modification, or Curtailment of its Central America DPS Purposes Habitat or Range Brazil DPS C. Disease or Predation B. Overutilization for Commercial, Gabon/Southwest