90-Day Finding on a Petition To List the Cuvier's Beaked Whale in the Gulf of Mexico as Threatened or Endangered Under the Endangered Species Act

We (NMFS) announce a negative 90-day finding on a petition to list the Cuvier's beaked whale (Ziphius cavirostris) in the Gulf of Mexico (GOM) as a threatened or endangered distinct population segment (DPS) under the Endangered Species Act (ESA). As an alternative to listing a DPS, the petition requests that we list the Cuvier's beaked whale because it is threatened or endangered in a significant portion of its range (SPOIR). The petitioner also requests that we designate critical habitat. We find that the petition and information in our files do not present substantial scientific or commercial information indicating that the Cuvier's beaked whale in the GOM qualifies as a DPS, eligible for listing under the ESA. Similarly, we find that the petition and information readily available in our files do not present substantial scientific or commercial information indicating that listing Cuvier's beaked whale as threatened or endangered in a SPOIR may be warranted.