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; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: NMFS is extending 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 September 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 (58 FR 3108), 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. NMFS reopened the comment period on the proposed rule

on July 15, 1994 (59 FR 36158) 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 considered those harbor

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

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

included in bycatch estimates to date. These bycatch estimates and

proceedings from a February 1994 harbor porpoise workshop were made

available upon request.

The New England Harbor Porpoise Working Group (HPWG) met on July

21, 1994, along with staff from the NMFS/Northeast Fisheries Science

Center (NEFSC) to discuss this information. The HPWG membership

consists of gillnet fishermen throughout New England coastal states,

NMFS and NEFMC representatives, environmental organizations, and

several biologists from non-governmental organizations who have studied

the biology and fishery-interaction issues of harbor porpoise

throughout the GME since 1990. During the meeting of the HPWG, they

recommended that the revised bycatch estimates should be more fully

explained so that public review and comment could provide more

meaningful input to NMFS prior to the final determination.

In response to the HPWG's recommendation the NEFSC is preparing a

document which will address these concerns and which will become

available in early August 1994. The HPWG further stated that if the

public process was to be effective, more time would be needed for

fishermen and other interested parties to consider the forthcoming

information. Given that the comment period on the proposed rule is

scheduled to close on August 11, 1999 and that this would not allow

enough time to allow for public review of the document being prepared

by the NEFSC, NMFS hereby extends the present comment period until

September 11, 1994. NMFS intends that this will be the final comment

period on the proposed rule.

Dated: August 8, 1994.

William W. Fox, Jr.,

Director, Office of Protected Resources, National Marine Fisheries

Service.

[FR Doc. 94-19629 Filed 8-10-94; 8:45 am]

BILLING CODE 3510-22-F