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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Notices
Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information e.g., name, address, etc., confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments enter N/A in the required fields if you wish to remain anonymous.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Taylor, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; jaclyn.taylor@
noaa.gov.
SUPPLEMENTARY INFORMATION: On February 14, 2005, NMFS received a request from the Makah Indian Tribe for a waiver of the MMPA moratorium on the take of marine mammals to allow for take of ENP gray whales Eschrichtius robustus. The Tribe requested that NMFS authorize a tribal hunt for ENP
gray whales in the coastal portion of the Tribes usual and accustomed fishing area for ceremonial and subsistence purposes and the making and sale of handicrafts. The MMPA imposes a general moratorium on the taking of marine mammals but authorizes the Secretary of Commerce to waive the moratorium and issue regulations governing the take if certain statutory criteria are met.
On April 5, 2019, NMFS published a Notice of Hearing and the associated proposed regulations in the Federal Register 84 FR 13639 and 84 FR
13604. Pursuant to an interagency agreement, a Coast Guard Administrative Law Judge was assigned to conduct the hearing and issue a recommended decision in this matter under the procedures set forth at 50 CFR
part 228.
On November 14, 2019, Judge George J. Jordan the presiding officer commenced the hearing in this matter, which took place over 6 days. Six parties participated in the hearing, including NMFS. The hearing was publicly conducted and reported verbatim by an official reporter. All filings associated with the hearing, including a full transcript of the hearing, have been made available for public viewing and inspection at https www.uscg.mil/Resources/
Administrative-Law-Judges/Decisions/
ALJ-Decisions-2016/NOAA-Formal-

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Rulemaking-Makah-Tribe/. Information pertaining to this hearing is also available at the NMFS website: https
www.fisheries.noaa.gov/action/formalrulemaking-proposed-mmpa-waiverand-hunt-regulations-governing-graywhale-hunts-makah.
Consistent with the regulations governing this proceeding, at the close of the hearing Judge Jordan established a public comment period on the proposed waiver and regulations, including the opportunity to submit proposed findings and conclusions and written arguments and briefs. NMFS
published notice of this public comment period in the Federal Register on January 29, 2020 85 FR 5196. 50 CFR
228.19b. That comment period ended on March 16, 2020 and the comments submitted are posted at the Federal eRulemaking Portal at www.regulations.gov/docket?D=NOAANMFS-2019-0037.
On September 23, 2021, the presiding officer transmitted his recommended decision to the NMFS Assistant Administrator for Fisheries, including 1 a statement containing a description of the history of the proceedings; 2
findings on the issues of fact with the reasons therefor; and 3 rulings on issues of law. The recommended decision is also posted on the NMFS
website: https www.fisheries.noaa.gov/
action/formal-rulemaking-proposedmmpa-waiver-and-hunt-regulationsgoverning-gray-whale-hunts-makah.
As required by our regulations at 50
CFR 228.20cd, NMFS provided copies of the presiding officers recommended decision to the parties to the hearing and now announces a 20day period for the parties and other interested persons to submit written comments on the presiding officers recommended decision. Please note that the recommended decision is being made available for copying and review online only due to the ongoing COVID
19 pandemic. After considering these comments, the Assistant Administrator will issue a final decision on the proposed waiver and regulations. That decision may affirm, modify, or set aside, in whole or in part, the recommended findings, conclusions, and decision of the presiding officer.
The Assistant Administrator may also remand the hearing record to the presiding officer for a fuller development of the record. 50 CFR
228.21.
Authority: 16 U.S.C. 1371 et seq.

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Dated: September 24, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
FR Doc. 202121176 Filed 92821; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration RTID 0648XB457

Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Notice; receipt of application for Letter of Authorization; request for comments and information.
AGENCY:

NMFS has received a request from the Sonoma County Water Agency SCWA for authorization to take marine mammals incidental to conducting estuary management activities in the Russian River, CA, over the course of five years. Pursuant to regulations implementing the Marine Mammal Protection Act MMPA, NMFS is announcing receipt of SCWAs request for the development and implementation of regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on SCWAs application and request.
DATES: Comments and information must be received no later than October 29, 2021.
SUMMARY:

Comments on the application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service and should be sent to ITP.Laws@noaa.gov.
Instructions: NMFS is not responsible for comments sent by any other method, to any other address or individual, or received after the end of the comment period. Comments received electronically, including all attachments, must not exceed a 25megabyte file size. All comments received are a part of the public record and will generally be posted online at www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-construction-

ADDRESSES:

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