Marine Mammal Stranding Regulations Advanced Notice of Proposed Rulemaking <>The Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, is considering proposing changes to its implementing regulations governing the taking of stranded marine mammals under section 109(h), section 112(c), and Title IV of the Marine Mammal Protection Act (MMPA). We have published an Advanced Notice of Proposed Rulemaking (ANPR) in the Federal Register and are soliciting review and comment to better inform the process. The ANPR and MMPA implementing regulations (50 CFR part 216) can be found at http://www.nmfs.noaa.gov/pr/health/mmpa_anpr.htm. A final rule was published (39 FR 1852, January 15, 1974, as amended at 56 FR 41307, August 20, 1991) establishing requirements for the taking of stranded marine mammals by State or local government officials in the course of their official duties. This includes the taking of live marine mammals, salvaging marine mammal specimens from dead animals, and transferring marine mammal specimens within and outside of the U.S. A final rule was published (61 FR 21933, May 10, 1996) establishing release requirements for rehabilitated marine mammals and procedures for the disposition of non-releasable rehabilitated marine mammals. The ANPR solicits general input from the public on how NMFS could streamline, clarify, or change the requirements and procedures for responding to stranded marine mammals and for determining the disposition of marine mammals, which includes procedures for the placement of non-releasable animals and for authorizing the retention of releasable rehabilitated marine mammals for scientific research, enhancement, or public display. The ANPR provides some recommendations for changes to the MMPA regulations but is not considered comprehensive. The ANPR will be followed by a proposed rulemaking once comments are received and reviewed. Please provide comments by the close of the comment period (March 31, 2008). Comments may be submitted as follows: * By mail to: Chief, Marine Mammal and Sea Turtle Conservation Division Attn: Stranding Regulations ANPR Office of Protected Resources, NMFS 1315 East-West Highway Room 13635 Silver Spring, MD 20910 * By facsimile at (301) 427-2525 * Electronic submissions: Submit via the Federal eRulemaking Portal http://www.regulations.gov <http://www.regulations.gov/> For further information please contact Sarah Howlett (Sarah.Howlett@noaa.gov <mailto:Sarah.Howlett@noaa.gov>) or David Cottingham (David.Cottingham@noaa.gov <mailto:David.Cottingham@noaa.gov>) by email or at (301) 713-2322. -- Sarah Howlett Fishery Biologist National Marine Fisheries Service Office of Protected Resources 1315 East-West Highway, Rm 3504 Silver Spring, MD 20910 Ph: (301) 713-2322 ext. 202 Fax: (301) 427-2522 Email: sarah.howlett@noaa.gov