[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Notices]
[Pages 5196-5197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01572]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

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


Request for Public Comment 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; request for comments.

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SUMMARY: NMFS has proposed to grant a waiver of the Marine Mammal 
Protection Act's moratorium on the take of marine mammals to allow the 
Makah Indian Tribe to take a limited number of Eastern North Pacific 
gray whales. A formal hearing took place on November 14-21, 2019 before 
Administrative Law Judge George J. Jordan in the Henry M. Jackson 
Federal Building, 915 Second Avenue, Seattle, WA 98174. NMFS now 
requests public comment on the proposed waiver and proposed 
regulations.

DATES: Comments must be submitted in writing by March 16, 2020.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2019-0037, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0037, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Attn: Steve Stone, NMFS West Coast Region, 1201 NE 
Lloyd Blvd., Suite 1100, Portland, OR 97232-1274. Include the 
identifier ``NOAA-NMFS-2019-0037'' in the comments.
    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. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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.
    On November 14, 2019, Judge George J. Jordan commenced the hearing 
in this matter, which took place over six days. The hearing was 
publicly conducted and reported verbatim by an official reporter. All 
filings associated with the hearing, including a full transcript of the 
hearing, are available for public viewing and inspection at https://www.uscg.mil/Resources/Administrative-Law-Judges/Decisions/ALJ-Decisions-2016/NOAA-Formal-Rulemaking-Makah-Tribe/. Information 
pertaining to this hearing is also available at the NMFS West Coast 
Region website: https://www.fisheries.noaa.gov/action/formal-rulemaking-proposed-mmpa-waiver-and-hunt-regulations-governing-gray-whale-hunts-makah.
    The regulations governing this proceeding permit any interested 
person to file written comments on the proposed regulations and waiver, 
including proposed findings and

[[Page 5197]]

conclusions and written arguments of briefs. These filings must be 
based upon the record and cite where practicable the relevant page or 
pages of the transcript. 50 CFR 228.19(b).
    After the expiration of the comment period, the presiding officer 
will make a written decision based on the record and transmit it to the 
Assistant Administrator. There will then be another opportunity for 
public comment before the Assistant Administrator issues a final 
decision on the proposed waiver and regulations. 50 CFR 228.20.

(Authority: 16 U.S.C. 1371 et seq.)

    Dated: January 24, 2020.
Barry A. Thom,
Regional Administrator, West Coast Region, National Marine Fisheries 
Service.
[FR Doc. 2020-01572 Filed 1-28-20; 8:45 am]
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