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Regulatory Information
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2014-12-19
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Notice of Intent To Issue Guidelines
Notices
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United States
Department of Commerce
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United States Government Agency or Subagency
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National Oceanic and Atmospheric Administration
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United States Government Agency or Subagency
The Marine Mammal Protection Act (MMPA) allows for persons to employ measures to deter marine mammals from damaging fishing gear and catch, damaging personal or public property, or endangering personal safety, as long as these measures do not result in death or serious injury of marine mammals. The MMPA also allows the Secretary of Commerce, through NOAA's National Marine Fisheries Service (NMFS), to develop national guidelines on safely deterring marine mammals under NOAA's jurisdiction (e.g., whales, dolphins, seals, and sea lions). To inform development of these national guidelines, NMFS requests input on which deterrents the public would like NMFS to evaluate and consider for approval. Any subsequent national guidelines for safely deterring marine mammals would then be released for public notice and comment as required by the MMPA. Such national guidelines would likely be tailored to each species group (pinnipeds, large cetaceans, and small cetaceans) as differences in physiology and behavior would affect whether a deterrent is appropriate for one or more species group. National guidelines would also address relevant implementation considerations. Deterrents could be considered ``passive'' or ``active'' in nature. Deterrents may include physical barriers, acoustic deterrent and harassment devices, visual repellents, boat hazing, noisemakers, and physical contact. For each deterrent device or technique submitted to NMFS for consideration and evaluation, NMFS requests information on the specifications (e.g., source and frequency levels, pulse rate, type of fencing, size of flags, etc.) for each deterrent or technique, which marine mammal species or species group (large cetaceans, small cetaceans, pinnipeds) would be deterred, how a deterrent would be employed (e.g., attached to fishing gear, launched some distance from a marine mammal), any evidence that the deterrent will not result in mortality or serious injury, and any other implementation considerations. This information will help NMFS determine which devices or techniques are appropriate for the development of guidelines and specific measures for safely deterring both non-ESA listed and ESA listed marine mammals.
79 FR 74710
https://www.govinfo.gov/app/details/FR-2014-12-16/2014-29394
2014-29394
fr16de14-37
RIN 0648-XD64
3510-22-P
https://www.govinfo.gov/app/details/FR-2014-12-16/2014-29394
https://www.govinfo.gov/content/pkg/FR-2014-12-16/html/2014-29394.htm
https://www.govinfo.gov/content/pkg/FR-2014-12-16/pdf/2014-29394.pdf
2 p.
74710
74711
79 FR 74710
Regulation Identification Number 0648-XD64
RIN 0648-XD64
Notice of Intent To Issue Guidelines; Federal Register Vol. 79, Issue
NOTICE
2014-29394
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
2015-01-15
3510-22-P
2014-29394
Notice, request for public comment.
The Marine Mammal Protection Act (MMPA) allows for persons to employ measures to deter marine mammals from damaging fishing gear and catch, damaging personal or public property, or endangering personal safety, as long as these measures do not result in death or serious injury of marine mammals. The MMPA also allows the Secretary of Commerce, through NOAA's National Marine Fisheries Service (NMFS), to develop national guidelines on safely deterring marine mammals under NOAA's jurisdiction (e.g., whales, dolphins, seals, and sea lions). To inform development of these national guidelines, NMFS requests input on which deterrents the public would like NMFS to evaluate and consider for approval. Any subsequent national guidelines for safely deterring marine mammals would then be released for public notice and comment as required by the MMPA. Such national guidelines would likely be tailored to each species group (pinnipeds, large cetaceans, and small cetaceans) as differences in physiology and behavior would affect whether a deterrent is appropriate for one or more species group. National guidelines would also address relevant implementation considerations. Deterrents could be considered ``passive'' or ``active'' in nature. Deterrents may include physical barriers, acoustic deterrent and harassment devices, visual repellents, boat hazing, noisemakers, and physical contact. For each deterrent device or technique submitted to NMFS for consideration and evaluation, NMFS requests information on the specifications (e.g., source and frequency levels, pulse rate, type of fencing, size of flags, etc.) for each deterrent or technique, which marine mammal species or species group (large cetaceans, small cetaceans, pinnipeds) would be deterred, how a deterrent would be employed (e.g., attached to fishing gear, launched some distance from a marine mammal), any evidence that the deterrent will not result in mortality or serious injury, and any other implementation considerations. This information will help NMFS determine which devices or techniques are appropriate for the development of guidelines and specific measures for safely deterring both non-ESA listed and ESA listed marine mammals.
Written comments from interested parties on the non-lethal deterrents for NMFS' consideration must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Eastern daylight time on January 15, 2015.
Kristy Long (ph. 206-526-4792, email Kristy.Long@noaa.gov).
Guidelines
,
Kristy.Long@noaa.gov
www.nmfs.noaa.gov/pr/pdfs/serious_injury_policy.pdf
www.nmfs.noaa.gov/pr/species/mammals
www.regulations.gov
Federal Register
Vol. 79, no. 241
Office of the Federal Register, National Archives and Records Administration
2014-12-16
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https://www.govinfo.gov/content/pkg/FR-2014-12-16/xml/FR-2014-12-16.xml
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