Taking of Marine Mammals Incidental to Commercial Fishing Operations; Authorization for Commercial Fisheries
other · Published 1995-08-30 · Effective 1996-01-01 · 60 FR 45086
Document
Document number
95-21552
Federal Register citation
60 FR 45086
Type
Rule
Action
Final rule.
Category
other
Publication date
1995-08-30
Effective date
1996-01-01
NOAA docket
Docket No. 950605147-5209-02
Abstract
NMFS issues this final rule to implement the new management regime for the unintentional taking of marine mammals incidental to commercial fishing operations established by section 118 of the Marine Mammal Protection Act of 1972 (MMPA) as amended by the MMPA Amendments of 1994. Section 118 provides for limited exemptions from the MMPA's general prohibition on the take of marine mammals, for the unintentional incidental take of marine mammals by commercial fishers in the course of commercial fishing, and requires NMFS to authorize such incidental takes by a commercial fisher upon the receipt of certain information and provided certain other conditions are met. This rule requires commercial fishers to annually register for an Authorization Certificate by filing specified information, provides for the issuance by NMFS of such certificates, requires commercial fishers to report to NMFS the incidental mortality and injury of any marine mammals in the course of commercial fishing, and requires commercial fishers to comply with certain other requirements. In order to allow commercial fishers time to comply with the new section 118 registrations and reporting requirements which become effective on September 1, 1995, NMFS by this notice also announces transition policies from the old section 114 regime which expires on September 1, 1995.