[Federal Register Volume 59, Number 69 (Monday, April 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8539]
[[Page Unknown]]
[Federal Register: April 11, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 940398-4098; I.D. 033094C]
Interim Exemption for Commercial Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment; extension of expiration date
and conforming amendment.
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SUMMARY: NMFS issues this final rule to extend the expiration date of
the regulations governing the interim exemption for commercial
fisheries for a 1-month period until May 1, 1994. This extension is
required by Public Law 103-228 enacted March 31, 1994.
EFFECTIVE DATE: This rule is effective on April 1, 1994. The expiration
date of part 229 is extended from April 1, 1994, to May 1, 1994.
FOR FURTHER INFORMATION CONTACT: Thomas C. Eagle, Fishery Biologist,
Office of Protected Resources, National Marine Fisheries Service, 1335
East West Highway, Silver Spring, MD 20910.
SUPPLEMENTARY INFORMATION: The Marine Mammal Protection Act Amendments
of 1988 (Pub. L. 100-711, signed November 23, 1988) established a new
section 114 in the Marine Mammal Protection Act (16 U.S.C. 1361 et
seq.; the MMPA) which directed the Secretary of Commerce (Secretary) to
implement an interim exemption for certain incidental takings of marine
mammals by commercial fishermen during the period November 23, 1988,
through October 1, 1993. For background on this issue please refer to
earlier regulatory actions (56 FR 23958, May 24, 1991; 57 FR 59832,
December 16, 1992; and 58 FR 51788, October 5, 1993).
The primary objective of the interim exemption is to provide a
means for collecting reliable information about interactions between
commercial fishing activities and marine mammals while allowing
commercial fishing to continue. Based upon this and other relevant
information, the Secretary was also directed to develop a suggested
regime that would govern the incidental taking of marine mammals
following the termination of the interim exemption program on October
1, 1993. With significant input from the general public, that report
was formally submitted to the Committee on Commerce, Science, and
Transportation of the U.S. Senate, and the Committee on Merchant Marine
and Fisheries, House of Representatives, on December 4, 1992 and
released to the general public on December 16, 1992 (57 FR 59832).
After release of the final report, representatives of environmental
organizations, animal welfare groups, and the fishing industry met to
develop their own proposal, which was released in late June 1993. On
July 27, 1993, H.R. 2760 was introduced into the House of
Representatives, which incorporated many of the ideas in the original
NMFS proposal, as well as those of the other interested parties. A
hearing on this bill was held on August 4, at which time it became
clear that additional changes to H.R. 2760 were necessary.
During August, a series of meetings involving Senate and House
staff, NMFS representatives, fishing industry representatives, and
members of environmental and animal welfare communities were held. In
order to address the concerns raised during those meetings and still
allow commercial fishing to continue, the House and Senate passed H.R.
3049 on September 21, and September 22, 1993, respectively. That bill
extended the period during which the Secretary was directed to
implement the interim exemption until April 1, 1994. The President
signed that bill on September 30, 1993.
The Senate introduced a bill (S. 1636) to establish a permanent
regime to govern interactions between marine mammals and commercial
fishing operations on November 8, 1993. Differences between S. 1636 and
H.R. 2760 were not resolved by late March, 1994. To avoid potential
disruption of commercial fishing operations while final details of the
bill were completed, the House and Senate passed H.R. 4122, which
extended the interim exemption until May 1, 1994, on March 24, 1994,
and March 25, 1994, respectively, and was signed by the President March
31, 1994. Upon enactment H.R. 4122 became P.L. 103-228.
This final rule, therefore, extends the expiration date of the
regulations governing the interactions between commercial fishing and
marine mammals published in the previous extension (58 FR 51788,
October 5, 1993) from April 1, 1994, to May 1, 1994, in order to comply
with the requirements of section 114 of the MMPA, as revised by P.L.
103-228.
Classification
This rule is not subject to review under E.O. 12866. Under section
114 of the MMPA as amended by P.L. 103-228, the Secretary must extend
the expiration date of the regulations implementing the interim
exemption program until May 1, 1994. Therefore, notice and comment are
unnecessary under 5 U.S.C. 553(b)(B). Delayed effectiveness is also
unnecessary under 5 U.S.C. 553(d)(1) because this extension continues
an existing provision of law.
List of Subjects in 50 CFR Part 229
Administrative practice and procedure, Confidential business
information, Fisheries, Marine mammals, Reporting and recordkeeping
requirements.
Dated: April 5, 1994.
Nancy Foster,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 229 is amended
as follows:
PART 229--INTERIM EXEMPTION FOR COMMERCIAL FISHERIES UNDER THE
MARINE MAMMAL PROTECTION ACT OF 1972
1. The authority citation for part 229 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.
2. At 54 FR 21921, May 19, 1989, a new part 229 was added and due
to expire on October 1, 1993, which was extended to April 1, 1994 at 58
FR 51788, October 5, 1993. This expiration date is extended until May
1, 1994.
Sec. 229.1 [Amended]
3. In Sec. 229.1, paragraph (b) is amended by revising the date
``April 1, 1994'' to read ``May 1, 1994'' in the two places it appears.
[FR Doc. 94-8539 Filed 4-8-94; 8:45 am]
BILLING CODE 3510-22-P
