[Federal Register Volume 81, Number 221 (Wednesday, November 16, 2016)]
[Proposed Rules]
[Pages 80629-80630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27399]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 080302361-6677-01]
RIN 0648-AU02


Protective Regulations for Hawaiian Spinner Dolphins Under the 
Marine Mammal Protection Act; Reopening of Public Comment Period

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

ACTION: Proposed rule; reopening of public comment period.

-----------------------------------------------------------------------

SUMMARY: We, the National Marine Fisheries Service (NMFS), are 
reopening the public comment period on the proposed rule under the 
Marine Mammal Protection Act (MMPA) to prohibit swimming with and 
approaching a Hawaiian spinner dolphin within 50 yards (45.7 m) (for 
persons, vessels, and objects), including approach by interception. The 
comment period for the proposed rule that published on August 24, 2016 
(81 FR 57854) closed on October 23, 2016. NMFS is reopening the public 
comment period for an additional 15 days to provide the public with 
additional time to submit information and to comment on this proposed 
rule.

DATES: Written comments on this proposed rule must be received by 
December 1, 2016. Comments received between the close of the first 
comment period on October 23, 2016, and the reopening of the comment 
period November 16, 2016 will be considered timely received.

ADDRESSES: You may submit comments, information, or data on the 
proposed rule, identified by NOAA-2005-0226, and on the Draft 
Environmental Impact Statement (DEIS) by either of the following 
methods:
    Electronic Submission: Submit all electronic comments via the 
Federal eRulemaking Portal. Go to

[[Page 80630]]

www.regulations.gov/#!docketDetail;D=NOAA-2005-0226, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
    Mail: Submit written comments to Susan Pultz, Chief, Conservation 
Planning and Rulemaking Branch, Protected Resources Division, National 
Marine Fisheries Service, Pacific Islands Regional Office, 1845 Wasp 
Blvd., Bldg. 176, Honolulu, HI 96818, Attn: Hawaiian Spinner Dolphin 
Proposed Rule.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    The DEIS and references can be found online at http://www.fpir.noaa.gov/PRD/prd_spinner_EIS.html. Additionally, copies of the 
DEIS are available in print at the following libraries:

    Hilo Library, 300 Waianuenue Ave., Hilo, HI 96720;
    Kailua-Kona Library, 75-138 Hualalai Rd., Kailua Kona, HI 96740;
    Kealakekua Library, 81-6619 Mamalahoa Hwy., Kealakekua, HI 
96750;
    Pahoa Library, 15-3070 Pahoa-Kalapana Rd., Pahoa, HI 96778;
    Kihei Library, 35 Waimahaihai St., Kihei, HI 96753;
    Lahaina Library, 680 Wharf St., Lahaina, HI 96761;
    Lanai Library, 555 Fraser Ave., Lanai City, HI 96763;
    Hawaii State Library, 478 S. King St., Honolulu, HI 96813;
    Waianae Library, 85-625 Farrington Hwy., Waianae, HI 96792; and
    Lihue Library, 4344 Hardy St., Lihue, HI 96766;

or upon request from the Conservation Planning and Rulemaking Branch 
Chief (see ADDRESSES).


FOR FURTHER INFORMATION CONTACT: Susan Pultz, NMFS, Pacific Islands 
Region, Chief, Conservation Planning and Rulemaking Branch, 808-725-
5150; or Trevor Spradlin, NMFS, Office of Protected Resources, Acting 
Chief, Marine Mammal and Sea Turtle Conservation Division, 301-427-
8402.

SUPPLEMENTARY INFORMATION: 

Background

    On August 24, 2016, we published a proposed rule to prohibit 
swimming with and approaching a Hawaiian spinner dolphin within 50 
yards (45.7 meters) (for persons, vessels, and objects), including 
approach by interception. These proposed regulatory measures are 
intended to prevent take, as defined under the Marine Mammal Protection 
Act (MMPA), of Hawaiian spinner dolphins from occurring in marine areas 
where viewing pressures are most prevalent. The proposed rule allowed 
for a 60-day public comment period, which ended on October 23, 2016.
    NMFS has received several requests to extend the public comment 
period. These requests indicated that additional time was needed to 
consider more fully the proposed rulemaking and DEIS and to provide 
comments on the proposed regulations. Requests also indicated that 
additional time was needed for tour operators to compile and provide 
data with regard to spinner dolphin use of coastal habitats from 
multiple years of logbook records. In response to these requests, we 
are reopening the public comment period until December 1, 2016, to 
receive additional information and comments that may be relevant to any 
aspect of the proposal. Comments and information submitted during the 
prior comment period will be fully considered in the preparation of the 
final rule and need not be resubmitted.

    Authority:  16 U.S.C. 1361 et seq.

    Dated: November 8, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-27399 Filed 11-15-16; 8:45 am]
 BILLING CODE 3510-22-P