Daily Rules, Proposed Rules, and Notices of the Federal Government
On November 17, 2010 (75 FR 70169), we published a proposed rule to list the Hawaiian insular false killer whale DPS (
NMFS has received new information about a previously unrecognized NWHI population of false killer whales, as well as updated satellite tagging information of the insular population. In August 2012, the false killer whale biological review team was reconvened to consider this new information. All of this information may be relevant to the final determination of whether the Hawaiian insular false killer whale is a DPS that qualifies for listing as endangered under the ESA. These reports and journal articles are:
(1) Preliminary Results from Photo-identification and Satellite-tagging of False Killer Whales off the Island of Kauai, by Robin Baird (2012).
(2) Photo-identification and Satellite Tagging of False Killer Whales Provides Evidence of an Island-associated Population in the Northwestern Hawaiian Islands, by Robin Baird
(3) Range and Primary Habitats of Hawaiian Insular False Killer Whales: Informing Determination of Critical Habitat, by Robin Baird
(4) Line-transect Abundance Estimates of False Killer Whales in the Pelagic Region of the Hawaiian Exclusive Economic Zone and in the Insular Waters of the Northwestern Hawaiian Islands, by Amanda Bradford
(5) Genetic Differentiation of Hawaii Insular False Killer Whales: Analyses Updated with New Samples from the Northwest Hawaiian Islands, by Susan Chivers
(6) Population Structure and Mechanisms of Gene Flow within Island-associated False Killer Whales around the Hawaiian Archipelago, by Karen Martien
We are notifying the public of the availability of these reports and our intent to consider them in making our final listing determination. We also are reopening the comment period for 15 days to provide the public the opportunity to provide comments or information on this new information. We are asking for public comments on this new information and a review of the extent to which they add to the knowledge base for making the final decision. This comment period is open only for comments on the documents listed above as they relate to the DPS and listing determination of the Hawaiian insular false killer whale. Comments submitted during the prior comment period have been incorporated into the public record and will be fully considered during preparation of our final determination. The issuance of a
You may obtain copies of any of the documents:
• By mail from Regulatory Branch Chief, Protected Resources Division, National Marine Fisheries Service, Pacific Islands Regional Office, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI, 96814, Attn: Hawaiian insular false killer whale proposed listing; or
• By visiting the NMFS Pacific Islands Regional Office Web site at
Copies of the documents are also available for public inspection, by appointment during normal business hours, at the NMFS Pacific Islands Regional Office (see
Comments and information submitted during the initial comment period on the November 17, 2010 (75 FR 70169), proposed rule should not be resubmitted, as this comment period is open only for comments on the reports listed above. Our final determination of whether the Hawaiian insular false killer whale DPS qualifies as threatened or endangered under the ESA will take into consideration all comments and information we receive during both comment periods.
16 U.S.C. 1531