[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Proposed Rules]
[Pages 53454-53455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25063]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 224

RIN 0648-AV15


Protective Regulations for Killer Whales in the Northwest Region 
Under the Endangered Species Act and Marine Mammal Protection Act

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

ACTION: Proposed rule; notification of extension of public comment 
period.

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SUMMARY: We, the National Marine Fisheries Service (NMFS), are issuing 
this notice to advise the public that NMFS is extending the public 
comment period for proposed regulations under the Endangered Species 
Act and Marine Mammal Protection Act to prohibit vessels from 
approaching killer whales within 200 yards and from parking in the path 
of whales for vessels in inland waters of Washington State. The 
proposed regulations would also prohibit vessels from entering a 
conservation area during a defined season. The proposed rule was 
published July 29, 2009, opening a 90-day public comment period and 
noticing two public meetings. In response to requests from the public, 
on September 17, 2009, we published a notice in the Federal Register 
announcing an additional public meeting. We are issuing this notice to 
announce an 80-day extension of the public comment period in response 
to requests to provide more time for the public to review the proposed 
regulation and provide comments.
    We recognize that by extending the public comment period, we will 
not have sufficient time to issue a final rule prior to the 2010 summer 
boating season. We continue to believe that it is important to address 
the adverse effects of vessel traffic on killer whales in the near 
future. In light of the requests we have received for an extension of 
the comment period, however, we believe additional public outreach will 
enhance both NMFS' understanding of public concerns and the public's 
understanding of the basis for our

[[Page 53455]]

proposal, and it will allow time for cooperative efforts to refine the 
proposal. We will work toward adoption of a final rule prior to the 
2011 summer boating season. We will consider all comments and 
information received during the comment period in preparing a final 
rule.

DATES: Written or electronic comments on the proposed rule and draft 
Environmental Assessment (EA) from all interested parties are 
encouraged and must be received no later than January 15, 2010. All 
comments and material received, including names and addresses, will 
become part of the administrative record and may be released to the 
public.

ADDRESSES: Comments on the proposed rule, draft EA and any of the 
supporting documents can be submitted by any of the following methods:
     E-mail: [email protected].
     Federal e-rulemaking Portal: http://www.regulations.gov.
     Mail: Assistant Regional Administrator, Protected 
Resources Division, Northwest Regional Office, National Marine 
Fisheries Service, 7600 Sand Point Way NE, Seattle, WA 98115.
    The draft EA and other supporting documents are available on 
Regulations.gov and the NMFS Northwest Region Web site at http://www.nwr.noaa.gov/.
    You may submit information and comments concerning this Proposed 
Rule, the draft EA, or any of the supporting documents by any one of 
several methods identified above. We will consider all comments and 
information received during the comment period in preparing a final 
rule. Before including your address, phone number, e-mail address, or 
other personal identifying information in your comment, you should be 
aware that your entire comment- including your personal identifying 
information- may be made publicly available at any time. While you can 
ask us in your comment to withhold your personal identifying 
information from public review, we cannot guarantee that we will be 
able to do so.

FOR FURTHER INFORMATION CONTACT: Lynne Barre, Northwest Regional 
Office, 206-526-4745; or Trevor Spradlin, Office of Protected 
Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Background

    On July 29, 2009, NMFS proposed regulations under the Endangered 
Species Act and Marine Mammal Protection Act to prohibit vessels from 
approaching killer whales within 200 yards and from parking in the path 
of whales for vessels in inland waters of Washington State (74 FR 
37674). The proposed regulations would also prohibit vessels from 
entering a conservation area during a defined season. Certain vessels 
would be exempt from the prohibitions. The purpose of the action is to 
protect killer whales from interference and noise associated with 
vessels. In the final rule announcing the endangered listing of 
Southern Resident killer whales NMFS identified disturbance and sound 
associated with vessels as a potential contributing factor in the 
recent decline of this population. The Recovery Plan for Southern 
Resident killer whales calls for evaluating current guidelines and 
assessing the need for regulations and/or protected areas (73 FR 4176; 
January 24, 2008). We developed the proposed rule after considering 
comments submitted in response to an Advance Notice of Proposed 
Rulemaking (72 FR 13464; March 22, 2007) and preparing a draft 
environmental assessment.

    Dated: October 13, 2009.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E9-25063 Filed 10-16-09; 8:45 am]
BILLING CODE 3510-22-S