[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Notices]
[Page 16789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8860]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 040197C]


Northern Right Whale Protection; Endangered and Threatened Marine 
Mammals

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

ACTION: Notice of petition and determination.

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SUMMARY: On August 26, 1996, NMFS received a petition from Mr. Richard 
Max Strahan representing GreenWorld, Inc., requesting that NMFS and the 
U.S. Coast Guard undertake a variety of actions to protect and preserve 
marine wildlife and, in particular, the northern right whale (Eubalaena 
glacialis). The petition was amended on September 18, 1996.
    NMFS has denied the petition from GreenWorld, Inc., because it does 
not contain substantial information indicating that the petitioned 
actions may be warranted.

FOR FURTHER INFORMATION CONTACT: Robert C. Ziobro, Protected Species 
Management Division, Office of Protected Resources, East-West Highway, 
Silver Spring, Maryland 20910 (301- 713-1401).

SUPPLEMENTARY INFORMATION: On August 26, 1996, NMFS received a notice 
of intent to bring suit under the Endangered Species Act (ESA) on a 
petition for proposed regulations from Mr. Strahan. On September 18, 
1996, Mr. Strahan amended his original petition to add another 
provision to his list of requested actions. The notice and petition was 
addressed both to officials at NMFS and the U.S. Coast Guard.
    The following is a brief summary of some of the primary elements of 
the petition and the request for relief in Mr. Strahan's letters that 
appear to be directed to NMFS, or to NMFS and the U.S. Coast Guard: 
Issue a letter to coastal state government agencies informing them that 
they are in violation of the ESA and must apply to NMFS for a section 
10 permit or face U.S. Coast Guard enforcement action; issue an 
emergency rule followed by a permanent rule banning fixed fishing gear 
in right whale critical habitat; promulgate and enforce a rule banning 
all gillnets and aquaculture projects; promulgate a rule allowing other 
types of fishing gear in right whale critical habitat areas only 
pursuant to a section 10 incidental take permit and a small take 
authorization pursuant to section 101 of the Marine Mammal Protection 
Act (MMPA); and comply with the mandatory and non-discretionary duties 
imposed under section 7(a) of the ESA and utilize all statutory and 
regulatory authorities to adopt and implement a conservation plan to 
enforce the take prohibitions of the ESA and MMPA to stop marine 
fisheries licensed and regulated by States from incidentally taking 
northern right whales and other Federally protected whales taken 
incidententally in State fishery activities along the Atlantic and 
Pacific Coastlines of the U.S.
    NMFS has evaluated the petition and request for relief and 
determined that they do not contain substantial information that the 
requested actions may be warranted. NMFS notes, however, that efforts 
are underway to reduce incidental takes in commercial fisheries, 
including State regulated fisheries, under section 118 of the MMPA. For 
example, a large whale take reduction team was formed and notice 
thereof published in the Federal Register on August 6, 1996 (61 FR 
40819) to address incidental takings of certain large whale species 
that occur or may occur in several fisheries. NMFS filed a proposed 
Large Whale Take Reduction Plan at the Federal Register on April 1, 
1997, and Mr. Strahan and others are invited to comment on that plan.

    Dated: April 1, 1997.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 97-8860 Filed 4-7-97; 8:45 am]
BILLING CODE 3510-22-F