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DOC/NOAA RIN: 0648-AY54 Publication ID: Fall 2011 
Title: Designation of Critical Habitat for the North Atlantic Right Whale 
Abstract: In June 1970, the northern right whale was listed as endangered under the Endangered Species Conservation Act, the precursor to the Endangered Species Act (ESA)(35 FR 8495; codified at 50 CFR 17.11). Subsequently, right whales were listed as endangered under the ESA in 1973, and as depleted under the Marine Mammal Protection Act (MMPA) the same year. In 1994, NMFS designated critical habitat for the northern right whale, a single species thought at the time to include right whales in both the north Atlantic and the North Pacific. In 2006, NMFS published a comprehensive right whale status review that concluded that recent genetic data provided unequivocal support to distinguish three right whale lineages (including the southern right whale) as separate phylogenetic species (Rosenbaum et al. 2000). Rosenbaum et al. (2000), concluded that the right whale should be regarded as the following three separate species: (1) The North Atlantic right whale (Eubalaena glacialis) ranging in the North Atlantic Ocean; (2) the North Pacific right whale (Eubalaena japonica), ranging in the North Pacific Ocean; and (3) the southern right whale (Eubalaena australis), historically ranging throughout the southern hemisphere's oceans. Based on these findings, NMFS published a proposed and final determination listing right whales in the North Atlantic and North Pacific as separate endangered species under the ESA (71 FR 77704, Dec. 27, 2006; 73 FR 12024, Mar. 6, 2008). Based on the new listing determination, NMFS is required by the ESA to designate critical habitat separately for both the North Atlantic right whale and the North Pacific right whale. In April 2008, a final critical habitat determination was published for the North Pacific right whale (73 FR 19000; Apr. 8, 2008). At this time, NMFS is preparing a proposal to designate critical habitat for the North Atlantic right whale. 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 226    50 CFR 229   
Legal Authority: 16 USC 1361 et seq    16 USC 1531 to 1543   
Legal Deadline:  None

Statement of Need: Under section 4 of the Endangered Species Act, NOAA Fisheries is required to designate critical habitat for newly listed species.

Summary of the Legal Basis: Endangered Species Act

Alternatives: Because this rule is presently in the beginning stages of development, no alternatives have been formulated or analyzed at this time.

Anticipated Costs and Benefits: Because this rule is presently in the beginning stages of development, no analysis has been completed at this time to assess costs and benefits.

Risks: Loss of critical habitat for a species listed as protected under the ESA and MMPA, as well as potential loss of right whales due to habitat loss.

Timetable:
Action Date FR Cite
NPRM  12/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Marta Nammack
Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 713-1401
Fax:301 427-2523
Email: marta.nammack@noaa.gov