[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Proposed Rules]
[Pages 8268-8269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 228

[I.D. 020806A]


Taking of Cook Inlet, Alaska Beluga Whales by Alaska Natives

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 Marine Mammal Protection Act (MMPA) allows NMFS to 
regulate 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. 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. In August 2004, a second formal hearing was conducted on 
proposed long term harvest regulations from 2005 through the CI beluga 
whale's recovery. The Administrative Law Judge presiding in the August 
2004 hearings submitted his recommended decision to the Assistant 
Administrator for Fisheries (AA) on November 8, 2005. The Judge's 
recommended decision is available for public review, and NMFS solicits 
comments on his recommendations.

DATES: Comments must be received by March 8, 2006

ADDRESSES: Copies of the recommended decision may be reviewed and/or 
copied at the NMFS, Protected Resource Division, 222 West 7th Ave. Room 
517, Anchorage, AK 99512; or at the Alaska Regional Office, Protected 
Resource Division, 709 W 9th St. Room 420, Juneau, AK, 99802. The 
recommended decision is also available on the Internet (see Electronic 
Access). 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. Send 
comments to Kaja Brix, Assistant Regional Administrator, Protected 
Resources Division, Alaska Region, NMFS, Attn: Lori Durall. Comments 
may be submitted by:
     Mail: PO Box 21668, Juneau, AK 99802
     Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK
     Fax: 907-586-7557
     E-mail: [email protected]. Please 
identify electronic comments with the header: CI Beluga ALJ decision. 
E-mail comments, with or without attachments, are limited to five (5) 
megabytes.
     Webform at the Federal eRulemaking Portal: 
www.regulations.gov. Follow the instructions at that site for 
submitting comments.

FOR FURTHER INFORMATION CONTACT: Barbara Mahoney, NMFS Alaska Region, 
Anchorage Field Office, (907) 271-5006; or Kaja Brix, NMFS, Alaska 
Region, (907) 586-7235.

SUPPLEMENTARY INFORMATION:

Electronic Access

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

Background

    NMFS initially proposed regulations limiting the subsistence 
harvest of beluga whales in Cook Inlet, AK 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.
    Pursuant to Section 101(b) (3) and section 103(d) of the MMPA, an 
administrative hearing was held prior to regulations being prescribed 
to limit the subsistence harvest of marine mammals by Alaska Natives. 
Judge Parlen L. McKenna convened hearings on the proposed rule in 
December 2000 and August 2004, in Anchorage, AK.
    On November 8, 2005, Judge McKenna submitted his recommended 
decision to the AA for the proposed regulation governing the taking of 
Cook Inlet, Alaska, beluga whales by Alaska Natives. 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 final decision may affirm, modify, or set aside, in whole 
or in part, the recommended findings, conclusions and decision of the 
hearing's presiding officer.
    The AA's decision must be published in the Federal Register and 
final regulations shall be promulgated with the decision. In accordance 
with the administrative regulations, NMFS solicits public comments on 
Judge McKenna's recommended decision.


[[Page 8269]]


    Dated: February 10, 2006.
James H. Lecky,
Director, Office of Protected Resources,National Marine Fisheries 
Service.
[FR Doc. E6-2196 Filed 2-15-06; 8:45 am]
BILLING CODE 3510-22-S