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DOC/NOAA RIN: 0648-AX27 Publication ID: Spring 2011 
Title: Taking and Importing of Marine Mammals; Takes of Marine Mammals Incidental to Specified Activities; Consolidation of Regulations 
Abstract: The Office of Protected Resources of the National Marine Fisheries Service (NMFS) proposes to issue a rule redesignating regulations governing the small take of marine mammals, incidental to conducting specified activities (other than commercial fishing) in the marine environment. In recent years, NMFS has promulgated an increasing volume of activity-specific incidental take regulations, and it expects this trend to continue. Therefore, there will be a need for additional subparts to accommodate future incidental take regulations. In order to create more space for additional incidental take regulations in a logically organized manner, NMFS is transferring regulations in subparts I, J, K, N, O, R, S, and U of part 216 to a new part 217, and transferring regulations in subparts P, Q, V, and X of part 216 to a new part 218. This will open the rest of subpart 216 for additional regulations unrelated to incidental take under MMPA section 101(a)(5)(A) and (D), and create a dedicated subpart for incidental take regulations. However, we anticipate that even part 217 will not be sufficient to contain all future regulations for specified activities that incidentally take marine mammals. Therefore, NMFS also expects to use part 218 for new regulations for specified activities related to military ranges and part 219 in the near future for specified activities related to offshore oil exploration. The purpose of this action is to make the regulations better organized and easier for the public to use. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 216    50 CFR 217    50 CFR 218   
Legal Authority: 16 USC 1361   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Rule  10/00/2011    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Dr. Michael Payne
Fishery Biologist
Department of Commerce
National Oceanic and Atmospheric Administration
P.O. Box 21668,
Juneau, AK 99802
Phone:907 586-7235
Fax:301 713-2521
Email: michael.payne@noaa.gov