[Federal Register Volume 64, Number 68 (Friday, April 9, 1999)]
[Rules and Regulations]
[Page 17292]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8907]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 970129015-9082-10; I.D. 031997B]
RIN 0648-A184
Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan Regulations;
Partial Stay
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; partial stay.
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SUMMARY: On February 16, 1999, NMFS issued a final rule implementing
the Atlantic Large Whale Take Reduction Plan (ALWTRP). This document
stays the provisions concerning gear marking requirements for all
fisheries regulated by the ALWTRP (published on February 16, 1999)
until November 1, 1999. The remainder of 50 CFR 229.32 is not changed.
DATES: In regulations published at 64 FR 7529 (February 16, 1999),
paragraphs Sec. 229.32 (b), (c)(3)(ii), (c)(4)(ii), (c)(5)(ii),
(d)(2)(ii), (d)(3)(ii), (d)(4)(ii), (d)(5)(ii), and (f)(2) are stayed
until November 1, 1999.
FOR FURTHER INFORMATION CONTACT: Douglas Beach, NMFS, Northeast Region,
978-281-9254; Katherine Wang, NMFS, Southeast Region, 727-570-5312; or
Gregory Silber, NMFS, Office of Protected Resources, 301-713-2322.
SUPPLEMENTARY INFORMATION:
Background
On February 16, 1999, NMFS published a final rule (64 FR 7529)
implementing the ALWTRP. The effective date given in the regulatory
text of 64 FR 7529 pertaining to gear marking of all fisheries
regulated by the ALWTRP was April 1, 1999. It was generally noted in
the Response to Comments portion of the final rule (64 FR 7544) that,
although gear marking is an important data gathering device, the
proposed scheme published in the Interim Final Rule on July 22, 1997
(62 FR 39157), was not likely to be as effective as expected. NMFS also
stated in the final rule (64 FR 7545) that, as requested in other
comments, that the Gear Advisory Group (GAG) and the Atlantic Large
Whale Take Reduction Team (ALWTRT) would be tasked with reviewing the
current scheme, and if recommendations were provided, NMFS would modify
the scheme.
The GAG met in October 1998, and the ALWTRT met on February 8-10,
1999. The ALWTRT discussed the gear marking scheme in detail and
recommended by consensus (NMFS members abstaining) that NMFS suspend
the implementation of the gear marking requirement until November 1,
1999, or until a better system is designed. The ALWTRT recommended a
specific course of action be followed to provide an appropriate gear
marking scheme that could be implemented by NMFS by November 1, 1999.
They asked that the GAG be reconvened quickly to design a better system
for approval by the ALWTRT. The criteria established by the ALWTRT for
an appropriate gear marking system were: (1) the system should identify
the buoy lines by individual fishermen; (2) the system should apply to
all waters affected by the plan; (3) it should be easily implemented by
the affected fisheries; (4) to allow identification when the gear is
not removed from a whale, the system should allow identification of
gear type from a photograph; and (5) the system should allow
identification of where the gear had been set.
The ALWTRT asked that, in order to minimize unnecessary confusion
and expense for fishermen, the existing gear marking provision be
stayed until November 1, 1999. This would assure that, should the GAG
or ALWTRT not be able to reach a consensus on an appropriate gear
marking scheme, the existing final rule gear marking scheme would
remain in place. NMFS notes that the final rule comments on gear
marking state that gear marking does not, by itself, reduce risk but
provides important data for fine tuning the ALWTRP. Therefore, NMFS is
staying the gear marking regulations for all fisheries affected by the
ALWTRP so that the GAG and ALWTRT will have time to provide a more
appropriate scheme to be implemented through the appropriate rulemaking
process.
Dated: April 5, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 99-8907 Filed 4-8-99; 8:45 am]
BILLING CODE 3510-22-F
