Marine Mammals; Gray Whale Research and Monitoring

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,

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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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