File #: REP 16-036    Version: 1 Name:
Type: Report Status: Report
File created: 8/19/2016 In control: North Pacific Council
On agenda: 10/3/2016 Final action:
Title: Protected Species Report
Dan Hull, Chairman
Chris Oliver, Executive Director
SUBJECT: Title
Protected Species Report
end

STAFF CONTACT: Steve MacLean

ACTION REQUIRED: Recommended Action
Receive Protected Species Report; action as necessary.

BACKGROUND:

Humpback whale ESA listing revision
On September 8, 2016 NMFS published a final rule to revise the population structure and ESA listing status of humpback whales. NMFS identified 14 Distinct Population Segments (DPS) of humpback whales and revised the ESA listings to reflect those new DPS. Population segments that reside in the North Pacific, including Alaskan waters, are:

1. Western North Pacific - Listed as Endangered
2. Hawaii - Not listed
3. Mexico - Listed as Threatened

All three populations feed in waters off Alaska, and are broadly mixed while in Alaska. The Western North Pacific DPS migrates to waters near Japan in winter, the Hawaii DPS migrates to waters near Hawaii in winter, and the Mexico stock migrates to Mexican waters in winter.

It is not expected that the change in listing for the Western North Pacific, Hawaii, or Mexico stocks will require new Section 7 consultation for the commercial fisheries in Alaska. The 2010 consultation was based on the updated abundance data primarily used in the evaluation of the listing status of humpbacks in the North Pacific, and remains valid. The Incidental Take Statement (ITS) currently allows the take of 9 humpback whales in a three-year period before consultation is reinitiated. The ITS may be revised to reflect the distribution of takes allowed from each stock before reconsultation is required.

Under the previous listing, no critical habitat (CH) was identified for humpback whales, globally. In the proposed rule (80 FR 22304; April 20, 2015) NMFS requested information on the identification of specific areas that meet the definition of CH for the Western North Pacific, Hawaii, and Mexico DPSs of humpback whale. After review of the comments and best available scientific infor...

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