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Environmental Law

: ESA Blawg

NOAA undertakes status review for humpback whale for first time in a decade, and FWS announces annual warranted but precluded finding on 20 foreign species.

By Keith Rizzardi

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74 Fed. Reg. 40568 (August 12, 2009) / Volume 74, Number 154 / Notices
DEPARTMENT OF COMMERCE National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration, Commerce / Endangered and Threatened Species; Initiation of a Status Review for the Humpback Whale and Request for Information
ACTION: Notice of initiation of a status review; request for information.

SUMMARY: The National Marine Fisheries Service (NMFS) announces a status review of the humpback whale (Megaptera novaeangliae) under the Endangered Species Act of 1973 (ESA). A status review is a periodic undertaking conducted to ensure that the listing classification of a species is accurate. A status review is based on the best scientific and commercial data available at the time of the review; therefore, we are requesting submission of any such information on the all humpback whale populations in all waters worldwide that has become available since the last humpback whale status review in 1999. Based on the results of this review, we will make the requisite findings under the ESA.

DATES: To allow us adequate time to conduct these reviews, we must receive your information no later than October 13, 2009. However, we will continue to accept new information about any listed species at any time.

The scientific name for the humpbacks, (Megaptera novaengliae), means "Great Wings of New England." Photo from NOAA National Marine Sanctuaries Gallery by R. Cartwright - NMFS Permit # 895-1450.

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74 Fed. Reg. 40540-40560 (August 12, 2009) / Volume 74, Number 154 / Proposed Rules
DEPARTMENT OF THE INTERIOR Fish and Wildlife Service / 50 CFR Part 17 / Endangered and Threatened Wildlife and Plants; Annual Notice of Findings on Resubmitted Petitions for Foreign Species; Annual Description of Progress on Listing Actions
ACTION: Notice of review.

SUMMARY: In this notice of review, we announce our annual petition findings for foreign species, as required under section 4(b)(3)(C)(i) of the Endangered Species Act of 1973, as amended. When, in response to a petition, we find that listing a species is warranted but precluded by higher priority listing actions, we must complete a new status review each year until we publish a proposed rule or make a determination that listing is not warranted. These subsequent status reviews and the accompanying 12-month findings are referred to as ``resubmitted'' petition findings. Information contained in this notice describes our status review of 20 foreign taxa that were the subjects of previous warranted-but-precluded findings, most recently summarized in our 2008 Notice of Review. Based on our current review, we find that 20 species (see Table 1) continue to warrant listing, but that their listing remains precluded by higher priority listing actions. With this annual notice of review (ANOR), we are requesting additional status information for the 20 taxa that remain warranted but precluded by higher priority listing actions. We will consider this information in preparing listing documents and future resubmitted petition findings for these 20 taxa. This information will also help us to monitor the status of the taxa and in conserving them.

Full post as published by ESA Blawg on August 12, 2009 (boomark / email).