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On October 1, 2009, the National Marine Fisheries Service (NMFS) received a petition from the Natural Resources Defense Council (NRDC) requesting, in light of the small population size, evidence of a declining population trend, and many potential threats to the population, that the Hawaiian insular false killer whales (Pseudorca crassidens) be listed as endangered under the US Endangered Species Act (ESA). In addition, the petitioners requested that NMFS designate critical habitat for Hawaiian insular false killer whales. The petitioned population is currently defined by NMFS under the Marine Mammal Protection Act (MMPA) as the Hawaii insular stock and consists of all animals occurring within 40 km of the main Hawaiian Islands, as well as a proportion of the animals within 140 km of the islands. The range of the insular population overlaps with that of the Hawaiian pelagic population of false killer whales in the area between 40 km and 140 km from shore. The petitioners state that while the cause of the recent decline in the population is unknown, multiple factors may threaten the continued survival of Hawaiian insular false killer whales.

NMFS reviewed the petition and concluded that the petition presented substantial scientific or commercial information indicating that the ESA listing may be warranted (75 FR 316; January 5, 2010). As a result of the finding, NMFS committed to completing an ESA status review of Hawaiian insular false killer whales and convened a team of scientists with diverse scientific backgrounds, the Biological Review Team (BRT) 1, to conduct the review. During its status review, the BRT considered a variety of scientific …