Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan

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Pursuant to a preliminary injunction issued in the case, The Humane Society of the Unites States, et al. v. Gutierrez, et al., in U.S. District Court for the District of Columbia (Civil Action No. 08- cv-1593 (ESH)), NMFS is reinstating the Dynamic Area Management (DAM) program that was terminated by the October 5, 2007, final rule amending the Atlantic Large Whale Take Reduction Plan (ALWTRP). The DAM program will be implemented consistent with the previous regulations for this program, except that it will only be reinstated north of the pre- existing Seasonal Area Management boundaries (i.e., north of 42[deg]30' N. latitude). DAM zones will be established through future notice in the Federal Register. The restrictions will be announced to state officials, fishermen, Atlantic Large Whale Take Reduction Team (ALWTRT) members, and other interested parties through e-mail, phone contact, NOAA website, and other appropriate media immediately upon issuance of a rule by the AA.