[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]
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