Marine Mammals

Summary:

A direct impact of the pelagic driftnet is the incidental taking of marine mammals. Pelagic driftnet fisheries are conducted by vessels from Japan, Taiwan and the Republic of Korea. The incidental taking of marine mammals within the Fishery Conservation Zone by the Japanese fleet is subject to regulation under the Marine Mammal Protection Act.

Summary: These ESA (Endangered Species Act) regulations pertain to the protection of marine and anadromous species.

Summary: These ESA (Endangered Species Act) regulations provide a means for establishing manatee protection areas without waters under the jurisdiction of the United States. This subpart applies to the West Indian manatee (Trichechus manatus), also known as the Florida manatee and as the sea cow. Under the regulations, the Director may establish manatee protection areas whenever there is substantial evidence showing such establishment is necessary to prevent the taking of one or more manatees. It is unlawful for any person to engage in any waterborne activity within a manatee sanctuary. Permits under this subpart shall be issued only for scientific purposes or for the enhancement of propagation or survival.

Summary:

NMFS announces the aboriginal subsistence whaling quota for bowhead whales, and other limitations deriving from regulations adopted at the 2002 Special Meeting of the International Whaling Commission (IWC). For 2004, the quota is 75 bowhead whales struck. This quota and other limitations will govern the harvest of bowhead whales by members of the Alaska Eskimo Whaling Commission (AEWC).

Summary:

NMFS issues a correcting amendment to clarify the regulations that prohibit approaches within 500 yards (460 m) of North Atlantic right whales (right whales). The purpose of this action is to correct errors contained in the text of the regulation that inadvertently refers to regulations contained in the previous paragraph within 50 CFR part 224. These technical amendments will not change the regulations for approaching right whales found in Sec.   224.103.

Summary:

NMFS issued a final rule to implement a new management regime for the unintentional taking of marine mammals incidental to commercial fishing operations, which was published in the Federal Register on August 30, 1995. The purpose of this document is to correct an unintended error in the definition of ``negligible impact,'' which provides a reference to a section number of the regulations that has been changed.

Summary:

NMFS proposes regulations to implement resolutions adopted by the Inter-American Tropical Tuna Commission (IATTC) and by the Parties to the Agreement on the International Dolphin Conservation Program (IDCP). These regulations would prohibit activities that undermine the effective implementation and enforcement of the Marine Mammal Protection Act (MMPA), Dolphin Protection Consumer Information Act (DPCIA), and International Dolphin Conservation Program Act (IDCPA). This proposed rule would enlarge the class of vessels required to pay observer fees. The procedure to categorize tuna purse seine vessels as ``active'' in the Eastern Tropical Pacific Ocean (ETP) and the deadline for submitting vessel permit applications would change. Procedures are proposed for managing the capacity of the U.S. tuna purse seine fleet operating in the ETP through maintenance of a Vessel Register, the definitive list of vessels authorized to purse seine for tuna in the ETP. This proposed rule is intended to contribute to the long-term conservation of dolphin and tuna stocks and to ensure that the domestic tuna tracking and verification program remains consistent with international standards.

Summary:

This Notice announces that on August 9, 2004, the United States District Court for the Northern District of California issued an order which set aside the final finding made on December 31, 2002, by the Assistant Administrator for Fisheries, NMFS, (Assistant Administrator). Under the terms of this Order, the labeling standard for ``dolphin-safe'' tuna shall be governed by the provisions of the Dolphin Protection Consumer Information Act. Under that provision, tuna are deemed dolphin safe if ``no tuna were caught on the trip in which such tuna were harvested using a purse seine net intentionally deployed on or to encircle dolphins, and no dolphins were killed or seriously injured during the sets in which the tuna were caught.''

Summary:

NMFS announces the availability for public review of the draft revised Recovery Plan (Plan) for the North Atlantic Right Whale (Eubalaena glacialis). NMFS is soliciting review and comment from the public and all interested parties on the Plan, and will consider all substantive comments received during the review period before submitting the Plan for final approval.  (Note that the specific concern with right whales is collisions with ships.)

Summary:

NMFS issues a final rule to implement provisions of the International Dolphin Conservation Program Act (IDCPA). This rule replaces the interim rule published in the Federal Register on January 3, 2000 . This final rule makes technical changes and clarifications to the interim final rule which is already in effect. The interim final rule allows the entry of yellowfin tuna into the United States under certain conditions from nations fully complying with the International Dolphin Conservation Program (IDCP) and the Agreement on the IDCP. The interim final rule establishes a standard for the use of "dolphin-safe" labels for tuna products and also establishes a tuna-tracking and verification program to ensure that the dolphin-safe status of tuna domestically produced and imported into the United States is documented.