Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Naval Activities; Correction

[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Page 28121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13204]


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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.

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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. 99-13204 Filed 5-24-99; 8:45 am]
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