[Federal Register Volume 71, Number 38 (Monday, February 27, 2006)]
[Notices]
[Pages 9781-9782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2735]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

I.D. [081905B]


Notice of Decision to Expand Scope of the Environmental Impact 
Statement Analyzing the Makah Tribe's Proposed Gray Whale Hunting and 
Reopening of Comment Period

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

ACTION: Notice; request for comments.

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SUMMARY: NMFS announces our decision to expand the scope of the Makah 
Whale Hunt Environmental Impact Statement (EIS) to include analysis of 
the proposed action on the affected environment under both the Marine 
Mammal Protection Act (MMPA) and the Whaling Convention Act (WCA). Our 
previous notices of intent to prepare an EIS for the Makah Whale Hunt 
under the MMPA were published on August 25, 2005 and October 4, 2005. 
We are reopening the comment period for 30 days.

DATES: Written or electronic comments from all interested parties are 
encouraged and must be received no later than 5 p.m. Pacific Standard 
Time March 29, 2006.

ADDRESSES: All comments concerning the preparation of the EIS and NEPA 
process should be addressed to: Kassandra Brown, NMFS Northwest Region, 
Building 1, 7600 Sand Point Way NE., Seattle, WA 98115. Comments may 
also be submitted via fax (206)526-6426 Attn: Makah Whale Hunt EIS, or 
by electronic mail to [email protected] with a subject line 
containing the document identifier:``Makah Whale Hunt EIS.''

FOR FURTHER INFORMATION CONTACT: Kassandra Brown, NMFS Northwest 
Region, (206) 526-4348.

SUPPLEMENTARY INFORMATION:

Background

    On August 25, 2005 (70 FR 49911) and October 4, 2005 (70 FR 57860), 
NMFS announced our intent to prepare an EIS pursuant to the National 
Environmental Policy Act (NEPA) (42 U.S.C. et seq.) and conduct public 
scoping meetings related to the Makah Indian Tribe's request that NMFS 
allow for limited treaty right hunting of eastern North Pacific gray 
whales by waiving the MMPA's (16 U.S.C. 1361 et seq.) moratorium on 
take of marine mammals under section 101(a)(3)(A) (16 U.S.C. 
1371(a)(3)(A)), and issuing regulations and any necessary permit(s). We 
opened a 60-day public comment period from August 25, 2005 to October 
24, 2005, and held public scoping meetings at four locations in October 
2005, including Neah Bay, Port Angeles, and Seattle, WA, and the 
Washington, DC area (Silver Spring, MD). We sought public input on the 
scope of the required NEPA analysis at that time, in addition to 
seeking comment for a range of reasonable alternatives and impacts to 
resources. Due in part to our examination of public comments related to 
the International Whaling Commission (IWC) and WCA (16 U.S.C. 916 et 
seq.) quota granting and issuance processes, we are expanding the scope 
of this EIS to include analysis of the WCA quota issuance. The MMPA 
waiver determination and the WCA quota issuance are best treated as 
connected actions (50 CFR 1508.25(a)(1)) for NEPA review because

[[Page 9782]]

the Makah's proposed action of hunting whales cannot occur without 
NMFS' approvals under both statutory regimes.

Request for Comments

    NMFS solicits written comments from the public. We request that the 
comments be as specific as possible with regard to our expansion of the 
scope of the EIS to include the WCA quota issuance. All comments and 
materials received, including names and addresses, will become part of 
the administrative record and may be released to the public. The 
environmental review of this project will be conducted in accordance 
with the requirements of the NEPA of 1969 as amended, Council on the 
Environmental Quality Regulations (40 CFR parts 1500 - 15080), other 
applicable Federal laws and regulations, and applicable policies and 
procedures. This notice is being furnished in accordance with 40 CFR 
1501.7 of NEPA to obtain suggestions and information from other 
agencies and the public on the scope of issues and alternatives to be 
addressed in the EIS.

    Dated: February 17, 2006.
D. Robert Lohn,
Regional Administrator, Northwest Region, National Marine Fisheries 
Service.
[FR Doc. E6-2735 Filed 2-24-06; 8:45 am]
BILLING CODE 3510-22-S