[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3835]


[[Page Unknown]]

[Federal Register: February 22, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 940240-4040; I.D. 020394B]

 

Taking and Importing of Marine Mammals

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of closure and notice of a court-ordered prohibition.

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SUMMARY: The Secretary of Commerce announces a prohibition on the 
taking of any dolphins under the general permit issued to the American 
Tunaboat Association (ATA) in the U.S. yellowfin tuna fishery in the 
eastern tropical Pacific Ocean (ETP) beginning at 0001 hours local 
time, February 8, 1994, to ensure that the aggregate dolphin mortality 
quota for 1994 is not exceeded. The Assistant Administrator for 
Fisheries, NOAA, has determined that the 1994 calendar year aggregate 
maximum allowable quota mandated by the International Dolphin 
Conservation Act (IDCA) would have been reached if additional taking of 
dolphins under the permit was allowed to continue.
    In addition, NMFS issues a notice of a January 27, 1994, court-
ordered prohibition on the taking of any of the northeastern stock of 
offshore spotted dolphins under the ATA permit, implemented by NMFS on 
February 1, 1994, and expanded by NMFS on February 4, 1994, to include 
all stocks of offshore spotted dolphins. This prohibition is being 
incorporated as a new element in the marine mammal program of the 
United States.

DATES: The prohibition on the taking of any dolphins under the ATA 
permit was effective at 0001 hours local time, February 8, 1994, until 
0001 hours local time, January 1, 1995. Comments on this notice must be 
received March 24, 1994. The prohibition on the setting on the 
northeastern stock of offshore spotted dolphin was effective February 
1, 1994. The prohibition on the taking of all offshore spotted dolphin 
was effective February 4, 1994.

ADDRESSES: Comments should be sent to Ms. Anneka W. Bane, Acting 
Director, Southwest Region, NMFS, 501 West Ocean Boulevard, suite 4200, 
Long Beach, CA 90802; telephone 310-980-4001; fax 310-980-4018.

FOR FURTHER INFORMATION CONTACT: Mr. James H. Lecky, Chief, Protected 
Species Division, Southwest Region, NMFS, telephone 310-980-4015.

SUPPLEMENTARY INFORMATION: The Marine Mammal Protection Act (MMPA), as 
amended in 1992 by the IDCA, established various overall quotas 
applicable to the U.S. tuna purse seine fleet fishing under the ATA 
general permit in the ETP. One of the primary purposes of the IDCA was 
to secure multilateral agreements between the United States and other 
purse seine fishing nations, establishing a 5-year moratorium on the 
use of purse seines to encircle marine mammals. Such a moratorium was 
to have taken effect beginning March 1, 1994, on which date the ATA 
permit would have expired. The IDCA set a maximum allowable mortality 
at 800 during the 14-month period beginning January 1, 1993, and ending 
March 1, 1994. The IDCA also required that, if there was no 
international agreement and the permit did not expire on March 1, 1994, 
the maximum allowable mortality each year could not exceed the number 
of dolphin mortalities that occurred under the permit during the 
previous year. Furthermore, total dolphin mortalities occurring under 
the permit each year must continue to be reduced by statistically 
significant amounts each year to levels approaching zero by December 
31, 1999.
    The U.S. fleet killed 115 dolphins in calendar year 1993. In the 
process of determining what would constitute a ``statistically 
significant'' reduction in the maximum allowable mortality under the 
ATA permit for the calendar year 1994, NMFS determined that the U.S. 
fleet had killed 107 dolphins in the period from January 1, 1994, 
through February 6, 1994. Given that the maximum allowable mortality 
under the ATA permit could not exceed 114 dolphins for the period 
January 1 to December 31, 1994, and given that NMFS predicts that the 
number of dolphins killed incidentally in the U.S. tuna purse seine 
fishery in the ETP would have reached 114 within a matter of days, NMFS 
prohibited the taking of any dolphins under the ATA permit by notice to 
the vessels on February 7, 1994. This prohibition will remain in effect 
until 0001 hours local time January 1, 1995, when the next year's 
dolphin quota becomes available.
    On January 27, 1994, the United States Court for the Northern 
District of California ordered NMFS to prohibit, effective immediately, 
the incidental taking under the ATA permit, of any northeastern 
offshore spotted dolphins in the ETP. The court order also requires 
NMFS to issue final regulations within 40 days of the date of the 
order, prohibiting the encirclement of any schools of dolphins in which 
northeastern offshore spotted dolphin are observed prior to release of 
the net skiff, and incorporating such prohibition into the 
comparability standards developed pursuant to section 1371(a)(2)(B) of 
the MMPA.
    Pursuant to the January 27 court order, NMFS, on February 1, 1994, 
advised U.S. vessels fishing under the ATA general permit that all sets 
on the northeastern stock of offshore spotted dolphin were prohibited 
due to their recently determined status as depleted under the MMPA (58 
FR 58285, Nov. 1, 1993). On February 4, 1994, these U.S. vessels were 
further advised that the take of all offshore spotted dolphin was 
prohibited effective immediately, under provisions of the court order 
requiring NMFS to minimize the take of northeastern offshore spotted 
dolphin. NMFS is developing regulations pursuant to the court order to 
implement these new elements of its marine mammal program. NMFS is also 
notifying affected foreign harvesting nations, as required by the court 
order, of the effective dates of the changes to the U.S. marine mammal 
program.
    This action is not subject to review under E.O. 12866.

    Dated: February 15, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 94-3835 Filed 2-18-94; 8:45 am]
BILLING CODE 3510-22-P