Marine mammals: Incidental taking Naval activities; USS Seawolf submarine shock testing; correction,
[Federal Register: May 25, 1999 (Volume 64, Number 100)]
[Rules and Regulations]
[Page 28121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25my99-18]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 216
[Docket No. 960318084-8274-04; I.D. 071596C]
RIN 0648-AG55
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Naval Activities; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION: Correction to final rule.
SUMMARY: This document contains a correction to the final rulemaking, which was published on December 1, 1998, regarding an incidental small take exemption under the Marine Mammal Protection Act (MMPA) to take a small number of marine mammals incidental to shock testing the USS SEAWOLF submarine in the offshore waters of the U.S. Atlantic coast.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, NMFS, (301) 713-2055.
SUPPLEMENTARY INFORMATION:
Background
On December 1, 1998 (63 FR 66069), NMFS published the final rulemaking governing the taking of marine mammals incidental to shock testing the USS SEAWOLF. The taking of marine mammals incidental to legitimate activities is authorized by section
101(a)(5)(A) of the MMPA, provided the takings are small and having no more than a negligible impact on affected marine mammal stocks. In order to mitigate takings of marine mammals to the lowest level practicable as required by the MMPA, NMFS limited the taking of marine mammals to a period between May 1 through September 30 of any single year within the 5-year period of authorization.
Need for Correction
As published, the DATES section in the final rule is in error and in need of correction. While the effective dates for the authorization to conduct a shock trial on the USS SEAWOLF found in 50 CFR 216.162. will remain effective from May 1 through September 1 of any single year between the years 2000 and 2004, in order for the document to be published in the upcoming Code of Federal Regulations, the DATES contained in the preamble to the rule will need to be changed. This change is necessary to reflect that the period of validity for the regulations will run from the end of the delayed effectiveness period required by the Administrative Procedure Act through the last day of the period of authorization under the 5-year MMPA authorization.
Correction
In the Federal Register of December 1, 1998, in FR Doc.98-31933, on page 66070, in the first column, correct the ``DATES'' caption to read:
DATES: Effective from January 1, 1999, through September 30, 2004.
Dated: May 17, 1999. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 99-13204Filed5-24-99; 8:45 am]
BILLING CODE 3510-22-F
