[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Rules and Regulations]
[Pages 70316-70317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29923]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 991222346-0312-03; I.D. 111300E]
RIN 0648-AN40


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations; 
Remove and Reserve Gear Marking Requirements for Northeast U.S. 
Fisheries

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

ACTION: Final rule.

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

SUMMARY: This final rule removes and reserves the northeast U.S. 
fisheries gear

[[Page 70317]]

marking requirements implementing the Atlantic Large Whale Take 
Reduction Plan (ALWTRP). These requirements were suspended until 
November 1, 2000. It was the agency's intent to extend that suspension 
indefinitely until a modified gear marking program is implemented. 
Because of a delay in preparing an extension of the suspension, these 
gear marking requirements inadvertently went into effect. The intent of 
this action is to remove the existing requirements.

DATES: Effective November 21, 2000.

FOR FURTHER INFORMATION CONTACT: Douglas Beach, NMFS, Northeast Region, 
978-281-9254; or Patricia Lawson, NMFS, Office of Protected Resources, 
301-713-2322.

SUPPLEMENTARY INFORMATION:

Background

    On February 16, 1999, NMFS published a final rule (64 FR 7529) 
implementing the ALWTRP. Among other measures, the final rule required 
gear marking in all fisheries covered by the ALWTRP by April 1, 1999.
    The Atlantic Large Whale Take Reduction Team (ALWTRT) met on 
February 8-10, 1999, discussed the gear marking program in detail, 
found that the plan would not meet ALWTRT and NMFS goals and 
recommended by consensus that NMFS suspend the implementation of the 
gear marking requirement until November 1, 1999, or until a better 
system was designed. On April 9, 1999 (64 FR 17292), NMFS issued a 
final rule that suspended the gear marking program until November 1, 
1999. On December 30, 1999 (64 FR 73434), NMFS extended the suspension 
until November 1, 2000. Because of a delay in preparing an extension of 
this suspension, these gear marking requirements went into effect. It 
was not the intent of the agency for this to happen. A new gear marking 
program will be implemented by an interim final rule currently in 
preparation. In order to spare fishermen the expense of having to 
adhere for a short period of time to gear marking requirements that 
will be modified in the near future, NMFS is removing and reserving 
these requirements. The other provisions of this final rule 
implementing the ALWTRP, including the gear marking requirements for 
the Southeast U.S. fisheries covered by the ALWTRP, remain in effect.

Classification

    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared a Supplemental Environmental Assessment (EA) for the 
final rule (64 FR 73434) extending the suspension of the effective 
dates of the gear marking requirements and found that action not to 
have a significant environmental impact. Since this final rule 
addresses an action previously analyzed in an EA, it is categorically 
excluded from further environmental review under section 5.05b of NOAA 
Administrative Order 216-6.
    A biological opinion (BO) on the ALWTRP was completed on July 15, 
1997. That BO concluded that implementation of the ALWTRP and continued 
operation of fisheries conducted under the American Lobster and 
Northeast Multispecies Fishery Management Plans (FMPs), and 
southeastern shark gillnet component of the Shark FMP, may adversely 
affect, but were not likely to jeopardize the continued existence of, 
any listed species of large whale or sea turtle under NMFS 
jurisdiction. NMFS conducted an informal consultation and made the 
determination that the April 9, 1999, final rule (64 FR 17292), did not 
change the basis for that BO. Therefore, NMFS also found this action 
does not change the basis for that BO.
    Removing the ALWTRP gear marking requirement for northeast U.S. 
fisheries will have no adverse impacts on marine mammals. (EA, 1999) In 
addition, this final rule does not affect the determination that the 
ALWTRP will be implemented in a manner that is consistent to the 
maximum extent practicable with the approved coastal management 
programs of the Atlantic states.
    The Assistant Administrator for Fisheries Noaa, (AA), for good 
cause, finds, under 5 U.S.C. 553(b)(B), that delaying this final rule 
to allow for prior notice and an opportunity for public comment would 
be contrary to the public interest. It would not be fair to subject 
fishermen to the expense of having to comply with gear marking 
requirements that do not meet the goals of the ALWTRP in which the 
agency intends to replace in the immediate near future with a new gear 
marking program. For the same reason, the AA finds, for good cause 
under 5 U.S.C. 553(d)(3) that delaying the effectiveness of this final 
rule for 30 days would be contrary to the public interest. Furthermore, 
since this final rule relieves a restriction, under 5 U.S.C. 553(d)(1) 
it is not subject to a 30-day delay in effective date.
    Because publishing a general notice of proposed rulemaking is not 
required for this action by 5 U.S.C. 553 or by any other law, the 
analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) are inapplicable.
    This final rule removes a collection-of-information requirement 
previously approved by OMB (OMB control number: 0648-0364).

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Confidential business 
information, Fisheries, Marine Mammals, Reporting and record-keeping 
requirements.

    Dated: November 16, 2000.
W.T. Hogarth,
Deputy Assistant Administrator, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR Part 229 is amended 
as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

    1. The authority citation for part 229 continues to read as 
follows:

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


Sec. 229.32  [Amended]

    2. In Sec. 229.32, paragraphs (b), (c)(3)(ii), (c)(4)(ii), 
(c)(5)(ii), (d)(2)(ii), (d)(3)(ii), (d)(4)(ii), and (d)(5)(ii) are 
removed and reserved.
FR Doc. 00-29923 Filed 11-21-00; 8:45 am]
BILLING CODE 3510-22-S