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Endangered and Threatened Species; Recovery Plans; Final Recovery Plan for Southern Resident Killer Whales

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[Federal Register: January 24, 2008 (Volume 73, Number 16)]
[Notices]
[Page 4176-4177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24ja08-51]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE29

Endangered and Threatened Species; Recovery Plans; Final Recovery
Plan for Southern Resident Killer Whales

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability.

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[[Page 4177]]

SUMMARY: We, the National Marine Fisheries Service (NMFS), announce the
adoption of our final Endangered Species Act (ESA) Recovery Plan for
the Southern Resident killer whale DPS (Orcinus orca). The Final
Recovery Plan for Southern Resident Killer Whales (Final Recovery Plan)
and the NMFS summary of and responses to public comments are now available.

ADDRESSES: The Recovery Plan, public comment summary and responses, and
other supporting documents are available on-line on the NMFS web site
http://www.nwr.noaa.gov. Copies of the Plan may be reviewed and/or copied at
NMFS, Protected Resources Division, 7600 Sand Point Way NE, Seattle,
WA, 98115.

FOR FURTHER INFORMATION CONTACT: Lynne Barre, NOAA/NMFS, Northwest
Region, (206) 526-4745.

SUPPLEMENTARY INFORMATION: The Endangered Species Act (ESA) of 1973, as
amended (15 U.S.C. 1531 et seq.) requires that NMFS develop and
implement recovery plans for the conservation and survival of
threatened and endangered species under its jurisdiction, unless it is
determined that such plans would not result in the conservation of the
species. NMFSWe announced the endangered listing of the Southern
Resident killer whale distinct population segment (DPS) on November 18,
2005 (70 FR 69903). Prior to the ESA listing, NMFS designated the
Southern Resident killer whale population as a depleted stock under the
Marine Mammal Protection Act (MMPA; 16 U.S.C. 1361 et seq.) on May 29,
2003 (68 FR 31980). At the time of the designation, we announced our
intention to develop a conservation plan.
    We held a series of public meetings and technical workshops to
gather input from Federal government agency representatives, state and
tribal co-managers, Canadian officials, orca advocacy groups, non-
governmental organizations, researchers, whale watch industry and
concerned citizens. We circulated a preliminary draft conservation plan
for public review on March 14, 2005. We received comments on the
preliminary draft, and made revisions in response to the comments. We
subsequently published a Notice of Availability of a Proposed
Conservation Plan for Southern Resident Killer Whales in the Federal
Register on October 3, 2005 (70 FR 57565) opening a public comment
period. We received comments on the proposed conservation plan. Before
the conservation plan was finalized, we listed the Southern Resident
DPS as an endangered species. In developing a proposed recovery plan
for the whales, we addressed the comments we had received on the
proposed conservation plan and incorporated ESA elements into the plan,
including discussions of the ESA section 4(a)(1) listing factors,
critical habitat, section 7, and ESA recovery criteria. We published a
Notice of Availability of the Proposed Recovery Plan for Southern
Resident Killer Whales in the Federal Register on November 29, 2006 (71
FR 69101) opening another public comment period. We received 50 comment
letters by mail, fax or e-mail and prepared a summary of the comments
and provided information on our responses, including descriptions of
edits made to the Final Recovery Plan to incorporate the comments. We
also included new information, research results, and references that
have become available since the proposed recovery plan was released.

The Final Recovery Plan

    The ESA requires that recovery plans incorporate (1) objective,
measurable criteria which, when met, would result in a determination
that the species is no longer threatened or endangered; (2) site-
specific management actions necessary to achieve the plan's goals; and
(3) estimates of time required and costs to implement recovery actions.
NMFS's goal is to restore the endangered Southern Resident DPS killer
whales to the point where they are again secure, self-sustaining
members of their ecosystems and no longer need the protections of the ESA.
    The Final Recovery Plan provides background on the natural history
of killer whales, population trends and the potential threats to their
viability. The Plan lays out a recovery strategy to address the
potential threats based on the best available science and includes
recovery goals and criteria. The Plan is not regulatory, but presents
guidance for use by agencies and interested parties to assist in the
recovery of Southern Resident killer whales. The Plan identifies
substantive actions needed to achieve recovery by addressing the
threats to the species. The strategy for recovery includes linking
management actions to an active research program to fill data gaps, and
monitor activities to assess effectiveness. The Plan incorporates an
adaptive management framework by which management actions and other
elements will evolve and adapt as we gain information through research
and monitoring and it describes the agency guidance on time lines for
reviews of the status of species and recovery plans. To address threats
related to prey availability and contaminants, the Plan references many
of the significant efforts already underway to restore salmon runs and
clean up Puget Sound, such as the Shared Strategy Puget Sound Salmon
Recovery Plan and the Puget Sound Partnership.
    We expect the Final Recovery Plan to help us and other Federal
agencies take a consistent approach to section 7 consultations under
the ESA and to other ESA decisions. For example, the plan will provide
information on the biological context for the effects that a proposed
action may have on the listed DPS. The best available information in
the plan on the natural history, threats, and potential limiting
factors, and priorities for recovery can be used to help assess risks.
Consistent with the adoption of this Final Recovery Plan for Southern
Resident killer whales, we will implement actions in the plan for which
we have authority, work cooperatively on implementation of other
actions, and encourage other Federal and state agencies to implement
recovery actions for which they have responsibility and authority.
Recovery of Southern Resident killer whales is a long-term effort and
will require cooperation and coordination of Federal, state, tribal and
local government agencies, and the community.
    We conclude that the Final Recovery Plan meets the requirements of
the ESA section 4(f) and are thus adopting it as the Final Recovery
Plan for Southern Resident killer whales.

    Authority: 16 U.S.C. 1531 et seq.

    Dated: January 17, 2008.
Angela Somma,
Chief, Endangered Species Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8-1206 Filed 1-23-08; 8:45 am]
BILLING CODE 3510-22-S

 
 

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