[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]
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