[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Page 53269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25464]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 990414095-9251-02; I.D. 033199B]
RIN 0648-AM57


Regulations Governing the Taking of Marine Mammals by Alaskan 
Natives; Marking and Reporting of Beluga Whales Harvested in Cook Inlet

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

ACTION: Final rule.

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SUMMARY: This rule finalizes the interim final rule published in the 
Federal Register on May 24, 1999, without changes. The rule requires 
the marking and reporting of beluga whales, Delphinapterus leucas, 
harvested from Cook Inlet, Alaska, by Alaskan Natives. The marking and 
reporting is necessary to provide essential biological data for the 
management and conservation of the stock. The effect of the information 
will be to provide a more sound scientific basis for management of the 
stock.

DATES: Effective October 1, 1999.

ADDRESSES: A copy of the Environmental Assessment (EA) for this action 
may be obtained by contacting Brad Smith: NMFS, 222 West 7th Avenue, 
Box 43, Anchorage, Alaska 99513. Comments regarding the burden-hour 
estimate or any other aspect of the collection of information in this 
rule should be sent to the preceding individual and to the Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), Attention: NOAA Desk Officer, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Brad Smith: telephone (907) 271-5006.
SUPPLEMENTARY INFORMATION:

Background

    On May 24, 1999, NMFS published an interim final rule amending 50 
CFR 216.23 to require that Alaskan Natives harvesting beluga whales in 
Cook Inlet collect the left lower jaw from harvested whales and 
complete a report (64 FR 27925). In order to allow the opportunity for 
public comment, the rule was promulgated as an interim rule with a 
request for public comment. In addition, NMFS held a public hearing on 
the rule on July 26. Background information on the Cook Inlet stock of 
beluga whales, the Alaskan Native subsistence harvest, and the need for 
the regulation were contained in the publication of the interim final 
rule.
    No written comments were received in response to the request for 
comments, and no comments were received at the public hearing. 
Accordingly, the interim final rule amending 50 CFR part 216, which was 
published at 64 FR 27925 on May 24, 1999, is adopted as a final rule 
without change.

Classification

    An EA has been prepared by NMFS to address this action and is 
available for public review and comment. Persons wishing to obtain this 
EA should contact NMFS Anchorage Field Office (see ADDRESSES).
    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    Because prior notice and opportunity for public comment are not 
required by 5 U.S.C. 553 or by any other law, under 5 U.S.C. 603(b) the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. et 
seq. are not applicable to this rule. Accordingly, an initial 
Regulatory Flexibility Analysis was not prepared for this rule.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by OMB 
under control number 0648-0382. The public reporting burden for this 
collection of information is estimated to average thirty minutes per 
response, including the time necessary to remove and label the jawbone 
and complete the reporting form. Send comments regarding this burden 
estimate, or any other aspect of this data collection, including 
suggestions for reducing the burden, to NMFS and OMB (see ADDRESSES)
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

    Dated: September 15, 1999.
Andrew Kemmerer,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-25464 Filed 9-30-99; 8:45 am]
BILLING CODE 3510-22-F