Federal Register: October 19, 2009 (Volume 74, Number 200)
DOCID: fr19oc09-26 FR Doc E9-25063
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 224
RIN ID: RIN 0648-AV15
NOTICE: PROPOSED RULES
DOCID: fr19oc09-26
ACTION: Pacific Tuna Fisheries:
DOCUMENT ACTION: Proposed rule; notification of extension of public comment period.
SUBJECT CATEGORY:
Protective Regulations for Killer Whales in the Northwest Region Under the Endangered Species Act and Marine Mammal Protection Act
DATES: Written or electronic comments on the proposed rule and draft Environmental Assessment (EA) from all interested parties are encouraged and must be received no later than January 15, 2010. All comments and material received, including names and addresses, will become part of the administrative record and may be released to the public.
DOCUMENT SUMMARY:
We, the National Marine Fisheries Service (NMFS), are issuing this notice to advise the public that NMFS is extending the public comment period for proposed regulations under the Endangered Species Act and Marine Mammal Protection Act to prohibit vessels from approaching killer whales within 200 yards and from parking in the path of whales for vessels in inland waters of Washington State. The proposed regulations would also prohibit vessels from entering a conservation area during a defined season. The proposed rule was published July 29, 2009, opening a 90day public comment period and noticing two public meetings. In response to requests from the public, on September 17, 2009, we published a notice in the Federal Register announcing an additional public meeting. We are issuing this notice to announce an 80day extension of the public comment period in response to requests to provide more time for the public to review the proposed regulation and provide comments.
We recognize that by extending the public comment period, we will
not have sufficient time to issue a final rule prior to the 2010 summer
boating season. We continue to believe that it is important to address
the adverse effects of vessel traffic on killer whales in the near
future. In light of the requests we have received for an extension of
the comment period, however, we believe additional public outreach will
enhance both NMFS' understanding of public concerns and the public's understanding of the basis for our
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proposal, and it will allow time for cooperative efforts to refine the
proposal. We will work toward adoption of a final rule prior to the
2011 summer boating season. We will consider all comments and
information received during the comment period in preparing a final
rule.
SUMMARY:
Protective Regulations for Killer Whales in the Northwest Region, etc.
SUPPLEMENTAL INFORMATION
Background
On July 29, 2009, NMFS proposed regulations under the Endangered
Species Act and Marine Mammal Protection Act to prohibit vessels from
approaching killer whales within 200 yards and from parking in the path
of whales for vessels in inland waters of Washington State (74 FR
37674). The proposed regulations would also prohibit vessels from
entering a conservation area during a defined season. Certain vessels
would be exempt from the prohibitions. The purpose of the action is to
protect killer whales from interference and noise associated with
vessels. In the final rule announcing the endangered listing of
Southern Resident killer whales NMFS identified disturbance and sound
associated with vessels as a potential contributing factor in the
recent decline of this population. The Recovery Plan for Southern
Resident killer whales calls for evaluating current guidelines and
assessing the need for regulations and/or protected areas (73 FR 4176;
January 24, 2008). We developed the proposed rule after considering
comments submitted in response to an Advance Notice of Proposed
Rulemaking (72 FR 13464; March 22, 2007) and preparing a draft environmental assessment.
Dated: October 13, 2009.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine Fisheries Service.
[FR Doc. E925063 Filed 101609; 8:45 am]
BILLING CODE 351022S
FOR FURTHER INFORMATION CONTACT
Lynne Barre, Northwest Regional Office, 2065264745; or Trevor Spradlin, Office of Protected Resources, 3017132322.