[Federal Register Volume 59, Number 154 (Thursday, August 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19629]


[[Page Unknown]]

[Federal Register: August 11, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[Docket No. 921232-2332; I.D. 092192B]

 

Threatened Fish and Wildlife; Listing of the Gulf of Maine 
Population of Harbor Porpoise as Threatened under the Endangered 
Species Act

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

ACTION: Proposed rule; extension of comment period.

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SUMMARY: NMFS is extending the comment period on the proposed rule to 
list Gulf of Maine (GME) harbor porpoise to allow public comment on the 
population status of harbor porpoise following the receipt of new data 
and information on the 1990-93 bycatch rates.

DATES: Comments must be received by September 11, 1994.

ADDRESSES: Comments should be addressed to Director, Office of 
Protected Resources, 1335 East-West Highway, Room 8268, Silver Spring, 
MD 20910.

FOR FURTHER INFORMATION CONTACT: Michael Payne or Margot Bohan, 301/
713-2322.

SUPPLEMENTARY INFORMATION: On January 7, 1993 (58 FR 3108), NMFS 
proposed to designate the GME population of harbor porpoise as 
threatened under the Endangered Species Act (ESA). The final 
determination on the proposed rule to list harbor porpoise was extended 
at 58 FR 59230 on November 8, 1993, to allow for analysis of the 1993 
bycatch data prior to final determination. At that time, NMFS also 
stated that it would reopen the comment period following completion of 
these analyses. NMFS reopened the comment period on the proposed rule 
on July 15, 1994 (59 FR 36158) to allow for public review and comment 
on the 1993 bycatch estimates, as well as on the 1990-92 estimates that 
were adjusted following comments received at a February 1994 workshop 
on the status of harbor porpoise in the GME.
    The final 1990-93 bycatch estimates considered those harbor 
porpoise that are taken in the gillnets, but fall out of the net as the 
nets are being hauled onto the vessel, and as a result have not been 
included in bycatch estimates to date. These bycatch estimates and 
proceedings from a February 1994 harbor porpoise workshop were made 
available upon request.
    The New England Harbor Porpoise Working Group (HPWG) met on July 
21, 1994, along with staff from the NMFS/Northeast Fisheries Science 
Center (NEFSC) to discuss this information. The HPWG membership 
consists of gillnet fishermen throughout New England coastal states, 
NMFS and NEFMC representatives, environmental organizations, and 
several biologists from non-governmental organizations who have studied 
the biology and fishery-interaction issues of harbor porpoise 
throughout the GME since 1990. During the meeting of the HPWG, they 
recommended that the revised bycatch estimates should be more fully 
explained so that public review and comment could provide more 
meaningful input to NMFS prior to the final determination.
    In response to the HPWG's recommendation the NEFSC is preparing a 
document which will address these concerns and which will become 
available in early August 1994. The HPWG further stated that if the 
public process was to be effective, more time would be needed for 
fishermen and other interested parties to consider the forthcoming 
information. Given that the comment period on the proposed rule is 
scheduled to close on August 11, 1999 and that this would not allow 
enough time to allow for public review of the document being prepared 
by the NEFSC, NMFS hereby extends the present comment period until 
September 11, 1994. NMFS intends that this will be the final comment 
period on the proposed rule.

    Dated: August 8, 1994.
William W. Fox, Jr.,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 94-19629 Filed 8-10-94; 8:45 am]
BILLING CODE 3510-22-F