[Federal Register Volume 67, Number 88 (Tuesday, May 7, 2002)]
[Proposed Rules]
[Pages 30646-30647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-11302]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 228

[I.D. 042502C]


Taking of the Cook Inlet (CI), Alaska, Stock of Beluga Whales by 
Alaska Natives, Marine Mammal Protection Act (MMPA)

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

ACTION: Notice of availability; request for comments.

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SUMMARY: The MMPA allows NMFS to limit the subsistence harvest of 
marine mammals by Alaska Natives when the affected stock of marine 
mammals is depleted and after the opportunity for a formal hearing on 
the proposed regulations to limit subsistence harvest. After 
designating the Cook Inlet stock of beluga whales as depleted, NMFS 
proposed regulations to limit the subsistence harvest from this stock. 
In December 2000, a formal hearing was conducted on the proposed 
regulations. The Administrative Law Judge presiding in the hearing has 
submitted his recommended decision to the Assistant Administrator for 
Fisheries (AA). The Judge's recommended decision is available for 
public review, and NMFS solicits comments on his recommendations.

DATES: Comments must be received by May 27, 2002.

ADDRESSES: Copies of the recommended decision may be reviewed and/or 
copied at the Protected Resources Division, Alaska Regional Office, 
NMFS, Anchorage, AK, 99513; or at the Alaska Regional Office, Protected 
Resources Division, Juneau, AK 99802. Copies of the recommended 
decision and the entire record of the hearing may be reviewed and/or 
copied at the Office of Protected Resources, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910. Comments on the recommended decision 
should be forwarded to the Chief, Marine Mammal Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910 or submitted by facsimile to (301) 713-0376. Comments will not be 
accepted if submitted via the Internet or e-mail.

FOR FURTHER INFORMATION CONTACT: Thomas Eagle, NMFS, Office of 
Protected Resources, (301) 713-2322, ext. 105; Barbara Mahoney, NMFS

[[Page 30647]]

Alaska Region, Anchorage Field Office, (907) 271-5006; or Michael 
Payne, NMFS, Alaska Region, (907) 586-7235.

SUPPLEMENTARY INFORMATION:

Electronic Access

    The recommended decision, proposed regulations, and other documents 
related to the proposed rule and recovery effort are available on the 
Internet at the following address: http://www.fakr.noaa.gov/protectedresources/whales/beluga.htm.

Background

    NMFS proposed regulations limiting the subsistence harvest of 
beluga whales in Cook Inlet, Alaska, on October 4, 2000 (65 FR 59164). 
The proposed rule's objectives are to recover the depleted stock of 
Cook Inlet beluga whales to its optimum sustainable population level 
while preserving the traditional subsistence use of the marine mammals 
by Alaska Natives. The proposed rule provides that:
    (1) Subsistence harvest can only occur under an agreement between 
NMFS and an Alaska Native organization pursuant to section 119 of the 
MMPA;
    (2) Subsistence harvest shall be limited to no more than two 
strikes annually until the stock is no longer considered depleted under 
the MMPA;
    (3) The sale of CI beluga whale products shall be prohibited;
    (4) All hunting for subsistence purposes shall occur after July 15 
each year; and
    (5) The harvest of newborn calves, or adult whales with maternally 
dependent calves shall be prohibited.
    Section 101(b) and section 103(d) of the MMPA require that 
regulations prescribed to limit the subsistence harvest of marine 
mammals by Alaska Natives be made after opportunity for a formal agency 
hearing. Judge Parlen L. McKenna convened a hearing on the proposed 
rule December 5-8, 2000, in Anchorage, Alaska. Seven persons or parties 
participated in the hearing.
    On March 29, 2002, Judge McKenna submitted his recommended decision 
in the case to the AA. Federal regulations (50 CFR 228.20) require the 
AA to make the recommended decision available for public review and 
comment for a 20-day period. Following the 20-day comment period, the 
AA must make a final decision on the proposed regulations, which must 
include the following:
    (1) A statement containing a description of the history of the 
proceeding;
    (2) Findings on the issues of fact with the reasons therefor; and
    (3) Rulings on issues of law.
    The AA's decision must be published in the Federal Register, and 
final regulations shall be promulgated with the decision. In accordance 
with these regulations, NMFS solicits public comments on Judge 
McKenna's recommended decision.

    Dated: May 1, 2002.
David Cottingham,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 02-11302 Filed 5-6-02; 8:45 am]
BILLING CODE 3510-22-S