[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Rules and Regulations]
[Pages 15493-15494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7710]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 001128334-1313-06; I.D. 092101B]
RIN 0648-AN88


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations

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

ACTION: Final rule; correction

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SUMMARY: NMFS issues a correction to a final rule implementing the 
Atlantic Large Whale Take Reduction Plan (ALWTRP) that was published in 
the Federal Register on January 10, 2002. The purpose of this 
correction is to correct unintended errors from the final rule 
regarding the dates during which fishermen must comply with 
requirements for Mid-Atlantic anchored gillnet gear modifications.

DATES: Effective March 28, 2002.

ADDRESSES: Copies of the Environmental Assessment (EA), the Regulatory 
Impact Review (RIR), and the Final Regulatory Flexibility Analysis 
(FRFA), are available from the Protected Resources Division, NMFS, 1 
Blackburn Drive, Gloucester, MA 01930-2298. Atlantic Large Whale Take 
Reduction Team (ALWTRT) meeting summaries, progress reports on 
implementation of the ALWTRP, and a table of the changes to the ALWTRP 
may be obtained by writing to Diane Borggaard at the address above or 
Katherine W ang, NMFS/Southeast Region, 9721 Executive Center Dr., St. 
Petersburg, FL 33702-2432. Copies of the EA, the RIR, and the FRFA can 
be obtained from the ALWTRP website listed under the Electronic Access 
portion of this document.

FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS, Northeast 
Region, 978-281-9145; Katherine Wang, NMFS, Southeast Region, 727-570-
5312; or Patricia Lawson, NMFS, Office of Protected Resources, 301-713-
2322.

SUPPLEMENTARY INFORMATION:

Electronic Access

    Documents concerning the Atlantic Large Whale Take Reduction Plan 
planning process and the rule that is clarified by this technical 
amendment

[[Page 15494]]

 can be downloaded from the ALWTRP web site at http://www.nero.nmfs.gov/whaletrp/. Copies of the most recent marine mammal 
stock assessment reports may be obtained by writing to Richard Merrick, 
NMFS, 166 Water St., Woods Hole, MA 02543 or can be downloaded from the 
Internet at http://www.wh.whoi.edu/psb/sar2000.pdf.
    The final rule implementing measures to protect right whales from 
entanglement in certain commercial fishing gears(67 FR 1300, January 
10, 2002), incorrectly required year-round gear modifications for Mid-
Atlantic anchored gillnet gear. This document clarifies and corrects 
Sec. 229.32 (d)(7)(ii) by reinserting the time frame of December 1 
through March 31 for Mid-Atlantic anchored gillnet gear modification 
requirements. The December 1 through March 31 time period was the 
original time period appearing in the regulations prior to issuance of 
the final rule, and it was the intent of the NMFS and the Atlantic 
Large Whale Take Reduction Team to maintain this time period.
    NMFS did not intend for certain gear modification requirements to 
extend past March 31. If NMFS were to provide prior notice and an 
opportunity for comment on this correction, the gear requirements would 
continue past a date when they are no longer necessary while such 
proceeding occurred. As such, the Assistant Administrator finds for 
good cause under 5 U.S.C. (B)(3) that providing prior notice and an 
opportunity for public comment for this rule would be impracticable and 
contrary to the public interest. The 30-day delay in effective date is 
waived under 5 U.S.C. (D)(1), because this final rule is relieving a 
restriction.
    In rule FR Doc.02-273 published January 10, 2002 (67 FR 1300), make 
the following correction.

Sec. 229.32 [Corrected]

    On page 1314, in the second column, in paragraph (d)(7)(ii) of 
Sec. 229.32, add the phrase, ``From December 1 through March 31,'' to 
the beginning of the sentence.

    Dated: March 25, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 02-7710 Filed 3-28-02; 2:37 pm]
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