United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2016_register executive 2018-02-09 article Rules and Regulations D09002ee1c7f426df D09002ee1c7f42825 United States Department of Commerce originator org United States Government Agency or Subagency United States National Oceanic and Atmospheric Administration originator org United States Government Agency or Subagency We, NMFS, are issuing regulations under the Marine Mammal Protection Act (MMPA) to prevent take by protecting humpback whales (Megaptera novaeangliae) from the detrimental effects resulting from approach by humans within 200 nautical miles (370.4 km) of the islands of Hawaii. These regulations are necessary because existing regulations promulgated under the Endangered Species Act (ESA) protecting humpback whales from approach in Hawaii will no longer be in effect upon the effective date of a final rule published elsewhere in today's issue of the Federal Register that separates humpback whales into 14 Distinct Population Segments (DPSs) and identifies the "Hawaii DPS" as neither endangered nor threatened. These MMPA regulations prohibit operating an aircraft within 1,000 feet (304.8 m) of a humpback whale, approaching within 100 yards (91.4 m) of a humpback whale by any means, causing a vessel, person or other object to approach within 100 yards (91.4 m) of a humpback whale, or approaching a humpback whale by interception (i.e., placing an aircraft, vessel, person, or other object in the path of a humpback whale so that the whale approaches within a restricted distance). The regulations also prohibit the disruption of normal behavior or prior activity of a humpback whale by any act or omission. Certain vessels and activities are exempt from the prohibition. NMFS finds that there is good cause to waive public notice and comment prior to implementation of these regulations in order to avoid a gap in protections for the whales. However, we are requesting comments on the regulations and Environmental Assessment; NMFS will subsequently publish a final rule with responses to comments and any revisions, if appropriate. 81 FR 62010 https://www.govinfo.gov/app/details/FR-2016-09-08/2016-21277 2016-21277 fr08se16-17 RIN 0648-BF98 3510-22-P Docket No. 160413333-6721-01 https://www.govinfo.gov/app/details/FR-2016-09-08/2016-21277 https://www.govinfo.gov/content/pkg/FR-2016-09-08/html/2016-21277.htm https://www.govinfo.gov/content/pkg/FR-2016-09-08/pdf/2016-21277.pdf Administrative Practice and Procedure Marine Mammals 9 p. 62010 62018 81 FR 62010 Title 50 Part 216 50 CFR Part 216 RIN 0648-BF98 Approach Regulations for Humpback Whales in Waters Surrounding the Islands of Hawaii Under the Marine Mammal Protection Act; Federal Register Vol. 81, Issue RULE 2016-21277 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 2016-10-11 2016-11-07 Docket No. 160413333-6721-01 3510-22-P 2016-21277 Interim final rule; notice of availability of Environmental Assessment.

We, NMFS, are issuing regulations under the Marine Mammal Protection Act (MMPA) to prevent take by protecting humpback whales (Megaptera novaeangliae) from the detrimental effects resulting from approach by humans within 200 nautical miles (370.4 km) of the islands of Hawaii. These regulations are necessary because existing regulations promulgated under the Endangered Species Act (ESA) protecting humpback whales from approach in Hawaii will no longer be in effect upon the effective date of a final rule published elsewhere in today's issue of the Federal Register that separates humpback whales into 14 Distinct Population Segments (DPSs) and identifies the "Hawaii DPS" as neither endangered nor threatened. These MMPA regulations prohibit operating an aircraft within 1,000 feet (304.8 m) of a humpback whale, approaching within 100 yards (91.4 m) of a humpback whale by any means, causing a vessel, person or other object to approach within 100 yards (91.4 m) of a humpback whale, or approaching a humpback whale by interception (i.e., placing an aircraft, vessel, person, or other object in the path of a humpback whale so that the whale approaches within a restricted distance). The regulations also prohibit the disruption of normal behavior or prior activity of a humpback whale by any act or omission. Certain vessels and activities are exempt from the prohibition. NMFS finds that there is good cause to waive public notice and comment prior to implementation of these regulations in order to avoid a gap in protections for the whales. However, we are requesting comments on the regulations and Environmental Assessment; NMFS will subsequently publish a final rule with responses to comments and any revisions, if appropriate.

This rule is effective October 11, 2016. Comments must be received no later than 5 p.m. on November 7, 2016. Susan Pultz, NMFS, Pacific Islands Regional Office, Chief, Conservation Planning and Rulemaking Branch, 808-725-5150; or Trevor Spradlin, NMFS, Office of Protected Resources, Deputy Chief, Marine Mammal and Sea Turtle Conservation Division, 301- 427-8479. Administrative Practice and Procedure Marine Mammals Approach Regulations for Humpback Whales in Waters Surrounding Islands of Hawaii: Environmental Assessments; Availability, etc. , http://www.fpir.noaa.gov/PRD/prd_humpback.html www.regulations.gov www.regulations.gov/#!docketDetail Vol. 81, no. 174 Office of the Federal Register, National Archives and Records Administration 2016-09-08 continuing daily deposited born digital 389 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2016-09-08 P0b002ee1985ecffc 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr08se16 https://www.govinfo.gov/app/details/FR-2016-09-08 https://www.govinfo.gov/content/pkg/FR-2016-09-08/pdf/FR-2016-09-08.pdf https://www.govinfo.gov/content/pkg/FR-2016-09-08/xml/FR-2016-09-08.xml fdlp 61973 62352 DGPO 2018-02-09 2024-06-01 FR-2016-09-08 machine generated eng FR FR-2016-09-08 81 174