2016-21278: Technical Amendments and Recodification of Alaska Humpback Whale Approach Regulations

Summary

We, NMFS, are making technical amendments to and recodifying Alaska humpback whale approach regulations within the Code of Federal Regulations (CFR) with only minor, technical revisions. Specifically, we are recodifying the regulations that apply to "Endangered Marine and Anadromous Species" so that they also appear in "Threatened Marine and Anadromous Species". This action is necessary to reflect the change in the Endangered Species Act (ESA) listing status of humpback whales, whereby some populations of humpback whales will now be classified as endangered species and one will be classified as a threatened species. In addition, we are adding the Alaska approach regulations to the regulations governing the taking and importing of marine mammals under the Marine Mammal Protection Act (MMPA) to clarify that protections are in effect for all humpback whales that may occur in or transit through the waters surrounding Alaska, including those that are not ESA-listed. This clarification reflects that the approach regulations were originally adopted under the MMPA as well as the ESA. We are also making minor changes to the language of the existing regulations to modernize language and update citations to relevant authorities.

The agency’s own summary, as published.

What this changes

Amends 3 parts of the Code of Federal Regulations — the standing rules this notice rewrites.

• 50 CFR 216 Regulations Governing the Taking and Importing of Marine Mammals
• 50 CFR 223 Threatened Marine and Anadromous Species
• 50 CFR 224 Endangered Marine and Anadromous Species