Threatened Fish and Wildlife; Listing of the Gulf of Maine Population of Harbor Porpoise as Threatened under the Endangered Species Act

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 227

[Docket No. 921232-2332; I.D. 092192B]

Threatened Fish and Wildlife; Listing of the Gulf of Maine

Population of Harbor Porpoise as Threatened under the Endangered

Species Act

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; reopening of comment period.

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SUMMARY: NMFS is reopening the comment period on the proposed rule to

list Gulf of Maine (GME) harbor porpoise to allow public comment on the

population status of harbor porpoise following the receipt of new data

and information on the 1990-93 bycatch rates.

DATES: Comments must be received by August 11, 1994.

ADDRESSES: Comments should be addressed to Director, Office of

Protected Resources, 1335 East-West Highway, Room 8268, Silver Spring,

MD 20910.

FOR FURTHER INFORMATION CONTACT: Michael Payne or Margot Bohan, 301/

713-2322.

SUPPLEMENTARY INFORMATION: On January 7, 1993, NMFS proposed to

designate the GME population of harbor porpoise as threatened under the

Endangered Species Act (ESA). The final determination on the proposed

rule to list harbor porpoise was extended at 58 FR 59230 on November 8,

1993, to allow for analysis of the 1993 bycatch data prior to final

determination. At that time, NMFS also stated that it would reopen the

comment period following completion of these analyses. Therefore, NMFS

announces that it is reopening the comment period on the proposed rule

to allow for public review and comment on the 1993 bycatch estimates,

as well as on the 1990-92 estimates that were adjusted following

comments received at a February 1994 workshop on the status of harbor

porpoise in the GME.

The final 1990-93 bycatch estimates consider those harbor porpoise

that are taken in the gillnets, but fall out of the net as the nets are

being hauled back onto the vessel, and as a result have not been

included in bycatch estimates to date. This has resulted in an increase

in previously released bycatch estimates for 1990, 1991, and 1992 by 21

percent, 20 percent, and 33 percent, respectively. These bycatch

estimates and proceedings from the 1994 harbor porpoise workshop are

available upon request (see ADDRESSES).

Dated: July 11, 1994.

William W. Fox, Jr., Ph.D.,

Director, Office of Protected Resources, National Marine Fisheries

Service.

[FR Doc. 94-17180 Filed 7-12-94; 10:59 am]

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