Notice2021-21176
Request for Public Comment Regarding an Administrative Law Judge's Recommended Decision on a Proposed Waiver and Regulations Governing the Taking of Marine Mammals
Primary source
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Published
September 29, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has proposed to issue a waiver and regulations under the Marine Mammal Protection Act (MMPA) to allow the Makah Indian Tribe to take a limited number of Eastern North Pacific (ENP) gray whales for ceremonial and subsistence purposes. A hearing to consider the proposed waiver and regulations took place on November 14-21, 2019, in Seattle, Washington before Administrative Law Judge George J. Jordan. On September 23, 2021, Judge Jordan transmitted his recommended decision to NMFS along with the hearing transcript and other required documentation. As required by MMPA regulations, NMFS now requests public comment on the Judge's recommended decision.
Full Text
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<title>Federal Register, Volume 86 Issue 186 (Wednesday, September 29, 2021)</title>
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[Federal Register Volume 86, Number 186 (Wednesday, September 29, 2021)]
[Notices]
[Pages 53949-53950]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21176]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG584
Request for Public Comment Regarding an Administrative Law
Judge's Recommended Decision on a 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 issue a waiver and regulations under the
Marine Mammal Protection Act (MMPA) to allow the Makah Indian Tribe to
take a limited number of Eastern North Pacific (ENP) gray whales for
ceremonial and subsistence purposes. A hearing to consider the proposed
waiver and regulations took place on November 14-21, 2019, in Seattle,
Washington before Administrative Law Judge George J. Jordan. On
September 23, 2021, Judge Jordan transmitted his recommended decision
to NMFS along with the hearing transcript and other required
documentation. As required by MMPA regulations, NMFS now requests
public comment on the Judge's recommended decision.
DATES: Comments must be submitted in writing by October 19, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2019-0037, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
<a href="http://www.regulations.gov/docket?D=NOAA-NMFS-2019-0037">www.regulations.gov/docket?D=NOAA-NMFS-2019-0037</a>, click the ``Comment
Now!'' icon, complete the required fields, and enter or attach your
comments.
<bullet> Mail: Attn: Grace Ferrara, NMFS West Coast Region, 7600
Sand Point Way NE, Seattle, WA 98115. Include the identifier ``NOAA-
NMFS-2019-0037'' in the comments.
[[Page 53950]]
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
<a href="http://www.regulations.gov">www.regulations.gov</a> 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: Jaclyn Taylor, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910; <a href="/cdn-cgi/l/email-protection#cea4afada2b7a0e0baafb7a2a1bc8ea0a1afafe0a9a1b8"><span class="__cf_email__" data-cfemail="4a202b29263324643e2b332625380a24252b2b642d253c">[email protected]</span></a>.
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 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 (the presiding
officer) commenced the hearing in this matter, which took place over 6
days. Six parties participated in the hearing, including NMFS. 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, have been made available for public viewing
and inspection at <a href="https://www.uscg.mil/Resources/Administrative-Law-Judges/Decisions/ALJ-Decisions-2016/NOAA-Formal-Rulemaking-Makah-Tribe/">https://www.uscg.mil/Resources/Administrative-Law-Judges/Decisions/ALJ-Decisions-2016/NOAA-Formal-Rulemaking-Makah-Tribe/</a>. Information pertaining to this hearing is also available at the
NMFS website: <a href="https://www.fisheries.noaa.gov/action/formal-rulemaking-proposed-mmpa-waiver-and-hunt-regulations-governing-gray-whale-hunts-makah">https://www.fisheries.noaa.gov/action/formal-rulemaking-proposed-mmpa-waiver-and-hunt-regulations-governing-gray-whale-hunts-makah</a>.
Consistent with the regulations governing this proceeding, at the
close of the hearing Judge Jordan established a public comment period
on the proposed waiver and regulations, including the opportunity to
submit proposed findings and conclusions and written arguments and
briefs. NMFS published notice of this public comment period in the
Federal Register on January 29, 2020 (85 FR 5196). 50 CFR 228.19(b).
That comment period ended on March 16, 2020 and the comments submitted
are posted at the Federal e-Rulemaking Portal at <a href="http://www.regulations.gov/docket?D=NOAA-NMFS-2019-0037">www.regulations.gov/docket?D=NOAA-NMFS-2019-0037</a>.
On September 23, 2021, the presiding officer transmitted his
recommended decision to the NMFS Assistant Administrator for Fisheries,
including (1) a statement containing a description of the history of
the proceedings; (2) findings on the issues of fact with the reasons
therefor; and (3) rulings on issues of law. The recommended decision is
also posted on the NMFS website: <a href="https://www.fisheries.noaa.gov/action/formal-rulemaking-proposed-mmpa-waiver-and-hunt-regulations-governing-gray-whale-hunts-makah">https://www.fisheries.noaa.gov/action/formal-rulemaking-proposed-mmpa-waiver-and-hunt-regulations-governing-gray-whale-hunts-makah</a>.
As required by our regulations at 50 CFR 228.20(c)-(d), NMFS
provided copies of the presiding officer's recommended decision to the
parties to the hearing and now announces a 20-day period for the
parties and other interested persons to submit written comments on the
presiding officer's recommended decision. Please note that the
recommended decision is being made available for copying and review
online only due to the ongoing COVID-19 pandemic. After considering
these comments, the Assistant Administrator will issue a final decision
on the proposed waiver and regulations. That decision may affirm,
modify, or set aside, in whole or in part, the recommended findings,
conclusions, and decision of the presiding officer. The Assistant
Administrator may also remand the hearing record to the presiding
officer for a fuller development of the record. 50 CFR 228.21.
Authority: 16 U.S.C. 1371 et seq.
Dated: September 24, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-21176 Filed 9-28-21; 8:45 am]
BILLING CODE 3510-22-P
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