[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37837-37838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16559]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket No. 181019964-9283-01]
RIN 0648-XG584


Announcement of Change in Hearing Date Regarding Proposed Waiver 
and Regulations Governing the Taking of Marine Mammals

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

ACTION: Notice of change to the hearing date and related deadlines.

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SUMMARY: The hearing date previously announced in the Federal Register 
for a proposed waiver under the Marine Mammal Protection Act (MMPA) and 
proposed regulations governing the hunting of eastern North Pacific 
(ENP) gray whales by the Makah Indian Tribe in northwest Washington 
State, and the related deadlines for submission of testimony and 
motions, is being changed as noted below.

DATES: Administrative Law Judge George J. Jordan will convene a hearing 
on the proposed waiver and regulations on Thursday, November 14, 2019 
at 1:00 p.m. PDT in the Henry M. Jackson Federal Building, 915 Second 
Avenue, 4th Floor Auditorium, Seattle, WA 98174.
    Filing Deadlines: The presiding officer has changed certain filing 
deadlines from those previously published in the notice of final agenda 
(June 26, 2019; 84 FR 30088). The final date to submit direct testimony 
to rebut testimony previously submitted is now August 6, 2019. The 
final date for submission of direct testimony on issues of fact not 
included in the notice of hearing (April 5, 2019; 84 FR 13639) is 
August 6, 2019, and the final date for rebuttal to such testimony is 
September 11, 2019. The parties may file motions to exclude any issues 
listed in the Final Hearing Agenda (June 26, 2019; 84 FR 30088) by 
August 9, 2019. Motions to exclude based on any rebuttal evidence the 
parties submit must be filed by August 16, 2019. The parties to this 
proceeding will have ten days to respond to any such motions, and 
additional replies will be authorized only on a showing of good cause.

ADDRESSES: The hearing will be held before Administrative Law Judge 
George J. Jordan of the United States Coast Guard at the Henry M. 
Jackson Federal Building, 915 Second Avenue, 4th Floor Auditorium, 
Seattle, WA 98174.

[[Page 37838]]


FOR FURTHER INFORMATION CONTACT: Michael Milstein, NMFS West Coast 
Region, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274; 503-
231-6268.

SUPPLEMENTARY INFORMATION: On February 14, 2005, NMFS received a 
request from the Makah Indian Tribe for a waiver of the MMPA moratorium 
on the take of marine mammals to allow for take of ENP gray whales 
(Eschrichtius robustus). The Tribe requested that NMFS authorize a 
tribal hunt for ENP gray whales in the coastal portion of the Tribe's 
usual and accustomed fishing area for ceremonial and subsistence 
purposes and the making and sale of handicrafts. The MMPA imposes a 
general moratorium on the taking of marine mammals but authorizes the 
Secretary of Commerce to waive the moratorium and issue regulations 
governing the take if certain statutory criteria are met.
    On April 5, 2019, NMFS published a Notice of Hearing and the 
associated proposed regulations in the Federal Register (84 FR 13639 
and 84 FR 13604). Pursuant to an interagency agreement, a Coast Guard 
Administrative Law Judge was assigned to conduct the formal hearing and 
issue a recommended decision in this matter under the procedures set 
forth at 50 CFR part 228.
    A prehearing conference took place on June 17, 2019 at the Jackson 
Federal Building, Seattle, WA. In compliance with 50 CFR 228.12, Judge 
George J. Jordan issued a notice of final agenda for publication in the 
Federal Register (June 26, 2019; 84 FR 30088). The final agenda set out 
the issues of fact for the hearing and identified one new issue of fact 
which had not previously been included in the notice of hearing (April 
5, 2019; 84 FR 13639).
    At the prehearing conference, several parties requested a change in 
the date of the proceeding due to issues concerning the availability of 
witnesses and counsel. The presiding officer ordered a briefing on this 
issue and, after thoroughly considering all the parties' arguments, 
determined a continuance was warranted. After consulting with the 
parties during a second prehearing conference on July 23, 2019, the 
presiding officer set the hearing to begin on Thursday, November 14, 
2019 at 1:00 p.m.
    The presiding officer, Administrative Law Judge George J. Jordan, 
prepared the contents of this notice. A copy of the draft notice Judge 
Jordan submitted to the NMFS Regulations Unit for filing with the 
Office of the Federal Register (OFR) was made available to all parties 
to this proceeding. The NMFS Regulations Unit reviewed the notice to 
ensure consistency with the OFR filing requirements. NMFS was otherwise 
not involved in the review of the contents of the notice. The signature 
of NMFS West Coast Regional Administrator Barry Thom is required to 
authorize the filing of the notice with the OFR.

    Dated: July 30, 2019.
Barry A. Thom,
Regional Administrator, West Coast Region, National Marine Fisheries 
Service.
[FR Doc. 2019-16559 Filed 8-1-19; 8:45 am]
 BILLING CODE 3510-22-P