[Federal Register Volume 69, Number 41 (Tuesday, March 2, 2004)]
[Rules and Regulations]
[Pages 9759-9760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4609]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 040223066-4066-01; I.D. 012204D]
RIN 0648-AR94


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Authorization for Commercial Fisheries; Correction

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

[[Page 9760]]


ACTION: Final rule; correcting amendment.

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SUMMARY: The purpose of this document is to correct unintended errors 
in definitions contained in the Code of Federal Regulations.

DATES: Effective March 2, 2004.

FOR FURTHER INFORMATION CONTACT: Patricia Lawson, NMFS, Office of 
Protected Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Background

    The definitions that are the subject of this correction are part of 
the regulations that implement the Marine Mammal Protection Act of 
1972, as amended (16 U.S.C. 1361 et seq.), which, among other things, 
restricts the taking, possession, transportation, selling, offering for 
sale, and importing of marine mammals. The definition of ``Marine 
mammal'' in 50 CFR 216.3 provides that the term means specimens and any 
part thereof of animals of certain orders, including ``Cetacea (whales 
and porpoises).'' To avoid confusion, Dolphins should be included in 
the parenthesis as a general type of animals in the order Cetacea. The 
definition of ``Regional Director'' in 50 CFR 216.3 refers only to the 
Director of the Southwest Region of NMFS, although it should refer to 
Regional Administrator for any regional office of NMFS.

Corrections

    This document corrects unintended errors in 50 CFR 216.3. The 
definition of ``Marine mammal'' is amended to expressly clarify that 
dolphins are a type of marine mammal in the Order Cetacea and the 
definition of ``Regional Director'' is amended to provide that the term 
includes the Regional Administrator for any regional office of NMFS 
rather than just the Director of the Southwest Region.

Classification

    The Assistant Administrator for Fisheries, National Marine 
Fisheries Service (AA) finds that good cause exists to waive the 
requirement to provide prior notice and the opportunity for comment, 
pursuant to authority set forth at 5 U.S.C. 553(b)(B), as such 
procedures would be unnecessary. Prior notice and opportunity for 
comment are unnecessary because this amendment merely corrects and 
clarifies the subject definitions and will have a de minimis effect, if 
any, on the regulated community. These corrections do not increase the 
scope of the regulated community nor add new requirements. In addition, 
because this rule corrects and clarifies provisions and makes non-
substantive or de minimis changes to the regulations, the AA finds good 
cause under 5 U.S.C. 553(d) not to delay the effective date for 30 
days.
    Because a general notice of proposed rulemaking is not required 
under 5 U.S.C. 553, or any other law, the analytical requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.

List of Subjects in 50 CFR Part 216

    Exports, Fish, Imports, Indians, Labeling, Marine mammals, 
Penalties, Reporting and recordkeeping requirements, 
Seafood,Transportation.

    Dated: February 26, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reason set out in the preamble, 50 CFR part 216 is amended as 
follows:

PART 216--REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS

0
1. The authority citation for part 216 continues to read as follows:

    Authority: 16 U.S. C. 1361 et seq., unless otherwise noted.

0
2. In Sec.  216.3, the definitions of ``Marine mammal'' and ``Regional 
Director'' are revised to read as follows:


Sec.  216.3  Definitions.

* * * * *
    Marine mammal means those specimens of the following orders, which 
are morphologically adapted to the marine environment, and whether 
alive or dead, and any part thereof, including but not limited to, any 
raw, dressed or dyed fur or skin: Cetacea (whales, dolphins, and 
porpoises) and Pinnipedia, other than walrus (seals and sea lions).
* * * * *
    Regional Director means the Regional Administrator, Northeast 
Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 01930; or 
Regional Administrator, Northwest Regional Office, NMFS, 7600 Sandpoint 
Way, N.E., Building 1, Seattle, WA 98115; or Regional Administrator, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702; or Regional Administrator, Southwest Regional 
Office, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 
90802; or Regional Administrator, Pacific Islands Regional Office, 
NMFS, 1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814; or 
Regional Administrator, Alaska Regional Office, NMFS, PO Box 21668, 
Juneau, AK 99802.
* * * * *
[FR Doc. 04-4609 Filed 3-1-04; 8:45 am]
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