[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Notices]
[Page 70407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-51]
[[Page 70407]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 111402C]
Alaska Transient Killer Whales; Notice of Petition Availability
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for information.
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SUMMARY: NMFS has received a petition to designate a group (called the
AT1 group) of killer whales (Orcinus orca) as a depleted stock under
the Marine Mammal Protection Act (MMPA). In accordance with the MMPA,
NMFS is announcing receipt of the petition and its availability for
public review and is soliciting comments on the petition.
DATES: Comments must be received by December 23, 2002.
ADDRESSES: A copy of the petition may be requested from and comments
should be submitted to Chief, Marine Mammal Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910. Comments may also be sent via facsimile (fax) to (301) 713-0376,
but will not be accepted if submitted via e-mail or the Internet.
FOR FURTHER INFORMATION CONTACT: Dr. Thomas Eagle, Office of Protected
Resources, Silver Spring, MD (301) 713-2322, ext. 105, or Mr. Michael
Payne, Alaska Regional Office, Juneau, AK (907)586-7235.
SUPPLEMENTARY INFORMATION:
Electronic Access
A copy of the petition and its attachments are available on the
Internet at the following address:http://www.fakr.noaa.gov/
protectedresources/.
The 2000 stock assessment report for Eastern North Pacific
Transient Killer Whales is available on the Internet at the following
address:http://www.nmfs.noaa.gov/prot_res/overview/mm.html.
Background
Section 3(1)(A) of the Marine Mammal Protection Act (MMPA) (16
U.S.C. 1362(1)(A)) defines 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 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 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.
In its 2000 stock assessment report on the affected killer whales,
NMFS recognized the AT1 group as a part of a population stock called
Eastern North Pacific Transient Killer Whales, which includes transient
killer whales in British Columbia, Southeastern Alaska, and the Gulf of
Alaska in addition to the AT1 group (see Electronic Access to obtain a
copy of this stock assessment report). The report states that the
minimum number of whales in this stock is 346.
Petition on AT1 Killer Whales
On November 13, 2002, the National Wildlife Federation submitted a
petition on behalf of itself and six other organizations to NMFS to
designate the AT1 group of killer whales as a depleted population stock
under the MMPA. The petition describes the AT1 group as one of three
populations of transient killer whales in the Eastern North Pacific
Ocean, which lives exclusively in Prince William Sound and the Kenai
Fjords, and provides information related to this group of killer whales
as a separate stock under the MMPA.
The petition includes an abundance of 22 AT1 killer whales when
observations began in 1984 and a current abundance of nine whales and
suggests that the decline in numbers demonstrates that the stock is
depleted. The petition states that the causes of the decline include
the following:
(1) The Exxon Valdez oil spill,
(2) Chemical contaminants,
(3) Increased vessel traffic, and
(4) Reduction in available prey species.
In a comment dated July 18, 2002, on draft 2002 marine mammal stock
assessment reports the petitioners stated that the AT1 group should be
a separate stock. However, the Eastern North Pacific Transient Killer
Whale report was not scheduled for revision in 2002 and had not been
modified when the draft 2002 reports were made available for public
review and comment.
In accordance with the MMPA, NMFS announces receipt of this
petition, and its availability for public review (See ADDRESSES and
Electronic Access). The petition includes two attachments. Attachment A
is the comment that the petitioners submitted to NMFS on draft 2002
marine mammal stock assessment reports. Attachment B is an extract from
a petition submitted by other organizations related to Southern
Resident killer whales in Puget Sound, WA. NMFS also solicits comments
and information related to the statements in the petition and
additional background on the status of the AT1 group of killer whales.
Dated: November 18, 2002.
Donald R. Knowles
Director, Office of Protected ResourcesNational Marine Fisheries
Service.
[FR Doc. 02-29776 Filed 11-21-02; 8:45 am]
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