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US - Whales - Proposed Threatened Status for Southern Resident Killer Whales

Summary: <p> We, the NMFS, have completed an update on the status review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act (ESA). Based on the review of the best available scientific and commercial information, including new data, published papers, and workshop reports available since the review in 2002, we are proposing to list the Southern Resident killer whales as threatened because these killer whales constitute a distinct population segment (DPS) under the ESA and are likely to become endangered in the foreseeable future throughout all or a significant portion of their range. We are not proposing to designate critical habitat at this time, but are requesting public comments on the issues pertaining to this proposed rule. </p>

We, the NMFS, have completed an update on the status review of Southern Resident killer whales (Orcinus orca) under the Endangered Species Act (ESA). Based on the review of the best available scientific and commercial information, including new data, published papers, and workshop reports available since the review in 2002, we are proposing to list the Southern Resident killer whales as threatened because these killer whales constitute a distinct population segment (DPS) under the ESA and are likely to become endangered in the foreseeable future throughout all or a significant portion of their range. We are not proposing to designate critical habitat at this time, but are requesting public comments on the issues pertaining to this proposed rule.

US - Whales - Regulations Governing the Approach to North Atlantic Right Whales

Summary: <p> NMFS issues a correcting amendment to clarify the regulations that prohibit approaches within 500 yards (460 m) of North Atlantic right whales (right whales). The purpose of this action is to correct errors contained in the text of the regulation that inadvertently refers to regulations contained in the previous paragraph within 50 CFR part 224. These technical amendments will not change the regulations for approaching right whales found in Sec. <span> &nbsp; </span> 224.103. </p>

NMFS issues a correcting amendment to clarify the regulations that prohibit approaches within 500 yards (460 m) of North Atlantic right whales (right whales). The purpose of this action is to correct errors contained in the text of the regulation that inadvertently refers to regulations contained in the previous paragraph within 50 CFR part 224. These technical amendments will not change the regulations for approaching right whales found in Sec.   224.103.

US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the California tiger

Summary: <p> The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 &ndash; 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land. </p>

The FWS through this rule has designated a critical habitat in Santa Barbara County, California for the California Tiger Salamander (Ambystoma califoniese) (CTS) pursuant to the Endangered Species Act of 1973. This rule fulfills the final requirements of the settlement agreement reached in Center for Biological Diversity v. U.S. Fish and Wildlife Service. The reason for the designation of critical habitat for the CTS is the net loss in CTS grazing land over a 10 – 12 year period due to extensive farming, regardless of the efforts made to increase the amount of suitable grazing land.

US - Marine Mammals - Taking of Marine Mammals Incidental to Commercial Fishing Operations; Authorization for Commercial Fisheri

Summary: <p> NMFS issued a final rule to implement a new management regime for the unintentional taking of marine mammals incidental to commercial fishing operations, which was published in the Federal Register on August 30, 1995. The purpose of this document is to correct an unintended error in the definition of ``negligible impact,'' which provides a reference to a section number of the regulations that has been changed. </p>

NMFS issued a final rule to implement a new management regime for the unintentional taking of marine mammals incidental to commercial fishing operations, which was published in the Federal Register on August 30, 1995. The purpose of this document is to correct an unintended error in the definition of ``negligible impact,'' which provides a reference to a section number of the regulations that has been changed.

US - Marine Mammals - Taking of Marine Mammals Incidental to Commercial Fishing Operations; Tuna Purse Seine Vessels in the East

Summary: <p> NMFS proposes regulations to implement resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP). These regulations would prohibit activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act (MMPA), Dolphin Protection Consumer Information Act (DPCIA), and International Dolphin Conservation Program Act (IDCPA). This proposed rule would enlarge the class of vessels required to pay observer fees. The procedure to categorize tuna purse seine vessels as ``active'' in the Eastern Tropical Pacific Ocean (ETP) and the deadline for submitting vessel permit applications would change. Procedures are proposed for managing the capacity of the U.S. tuna purse seine fleet operating in the ETP through maintenance of a Vessel Register, the definitive list of vessels authorized to purse seine for tuna in the ETP. This proposed rule is intended to contribute to the long-term conservation of dolphin and tuna stocks and to ensure that the domestic tuna tracking and verification program remains consistent with international standards. </p>

NMFS proposes regulations to implement resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP). These regulations would prohibit activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act (MMPA), Dolphin Protection Consumer Information Act (DPCIA), and International Dolphin Conservation Program Act (IDCPA). This proposed rule would enlarge the class of vessels required to pay observer fees. The procedure to categorize tuna purse seine vessels as ``active'' in the Eastern Tropical Pacific Ocean (ETP) and the deadline for submitting vessel permit applications would change. Procedures are proposed for managing the capacity of the U.S. tuna purse seine fleet operating in the ETP through maintenance of a Vessel Register, the definitive list of vessels authorized to purse seine for tuna in the ETP. This proposed rule is intended to contribute to the long-term conservation of dolphin and tuna stocks and to ensure that the domestic tuna tracking and verification program remains consistent with international standards.

US - Critical Habitat - Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Klamath River and

Summary: <p> This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout. <span> &nbsp; </span> The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes. <span> &nbsp; </span> The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order. </p>

This final rule is written to designate a critical habitat for the Klamath River and Columbia River populations of Bull Trout.   The critical habitat designation includes approximately 1,748 miles of streams and 61,235 acres of lakes and marshes.   The reason for this designation is that at the time of listing, there are only seven remaining non-migratory populations of bull trout, and the designation is mandatory pursuant to a court order.

US - Critical Habitat - Critical Habitat Listing for Five Endangered Mussels in the Tennessee and Cumberland River Basins

Summary: <p> The FWS has designated designate 13 river and stream segments in the Tennessee Cumberland River Basins, for a total of approximately 885 river as <span> <span> critical habitat </span> </span> for five endangered mussels: Cumberland elktoe ( <i> Alasmidonta atropurpurea </i> ), oyster mussel ( <i> Epioblasma capsaeformis </i> ), Cumberlandian combshell ( <i> Epioblasma brevidens </i> ), purple bean ( <i> Villosa perpurpurea </i> ), and rough rabbitsfoot ( <i> Quadrula cylindrica strigillata </i> ). <span> &nbsp; </span> All five mussels belong to the Unionidae family. </p>

The FWS has designated designate 13 river and stream segments in the Tennessee Cumberland River Basins, for a total of approximately 885 river as critical habitat for five endangered mussels: Cumberland elktoe ( Alasmidonta atropurpurea ), oyster mussel ( Epioblasma capsaeformis ), Cumberlandian combshell ( Epioblasma brevidens ), purple bean ( Villosa perpurpurea ), and rough rabbitsfoot ( Quadrula cylindrica strigillata ).   All five mussels belong to the Unionidae family.

US - Marine Mammals - Taking of Marine Mammals Incidental to Commercial Fishing Operations; Tuna Purse Seine Vessels in the East

Summary: <p> This Notice announces that on August 9, 2004, the United States District Court for the Northern District of California issued an order which set aside the final finding made on December 31, 2002, by the Assistant Administrator for Fisheries, NMFS, (Assistant Administrator). Under the terms of this Order, the labeling standard for ``dolphin-safe'' tuna shall be governed by the provisions of the Dolphin Protection Consumer Information Act. Under that provision, tuna are deemed dolphin safe if ``no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and no dolphins were killed or seriously injured during the sets in which the tuna were caught.'' </p>

This Notice announces that on August 9, 2004, the United States District Court for the Northern District of California issued an order which set aside the final finding made on December 31, 2002, by the Assistant Administrator for Fisheries, NMFS, (Assistant Administrator). Under the terms of this Order, the labeling standard for ``dolphin-safe'' tuna shall be governed by the provisions of the Dolphin Protection Consumer Information Act. Under that provision, tuna are deemed dolphin safe if ``no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and no dolphins were killed or seriously injured during the sets in which the tuna were caught.''

US - Whales - Notice of Availability of the Draft Revised Recovery Plan for the North Atlantic Right Whale

Summary: <p> NMFS announces the availability for public review of the draft revised Recovery Plan (Plan) for the North Atlantic Right Whale (Eubalaena glacialis). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.&nbsp; (Note that the specific concern with right whales is collisions with ships.) </p>

NMFS announces the availability for public review of the draft revised Recovery Plan (Plan) for the North Atlantic Right Whale (Eubalaena glacialis). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.  (Note that the specific concern with right whales is collisions with ships.)

US - Bears - Endangered and Threatened Wildlife and Plants; Reexamination of Regulatory Mechanisms in Relation to the 1998 Flori

Summary: <p> The Fish and Wildlife Service reexamined the&nbsp;regulatory mechanisms in relation to the 1998 finding for a petition to list the Florida black bear (Ursus americanus floridanus), under the Endangered Species Act.&nbsp; Pursuant to a court order, the Service reexamined only one factor, the inadequacy of existing regulatory mechanisms in effect at the time of our previous 1998 12-month finding.&nbsp; Pursuant to that order,&nbsp;the Service reexamined the existing finding considering the laws, regulations, and policies that directly or indirectly provide protection to the bear or its habitats. Based on this review,&nbsp;the FWS concluded that the existing regulatory mechanisms applicable in 1998 are not inadequate and do not warrant listing the Florida black bear. </p>

The Fish and Wildlife Service reexamined the regulatory mechanisms in relation to the 1998 finding for a petition to list the Florida black bear (Ursus americanus floridanus), under the Endangered Species Act.  Pursuant to a court order, the Service reexamined only one factor, the inadequacy of existing regulatory mechanisms in effect at the time of our previous 1998 12-month finding.  Pursuant to that order, the Service reexamined the existing finding considering the laws, regulations, and policies that directly or indirectly provide protection to the bear or its habitats. Based on this review, the FWS concluded that the existing regulatory mechanisms applicable in 1998 are not inadequate and do not warrant listing the Florida black bear.

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