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DOC/NOAA RIN: 0648-AY96 Publication ID: Fall 2010 
Title: ●Proposed 4(d) Protective Regulations for the Gulf of Maine Distinct Population Segment of Atlantic Sturgeon 
Abstract: The National Marine Fisheries Service (NMFS) is proposing to establish protective regulations for the Gulf of Maine Distinct Population Segment (GOM DPS) of Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) under Section 4(d) of the Endangered Species Act (ESA). NMFS has determined that the GOM DPS of Atlantic sturgeon is at risk of becoming endangered in the foreseeable future throughout all or a significant portion of its range. Consequently, a draft rule proposing to list the GOM DPS as a threatened species has been prepared, cleared by the Region, and is currently undergoing clearance and review in Headquarters. In the case of threatened species, section 4(d) of the ESA requires that the Secretary of Commerce (Secretary) determine whether and to what extent to extend the statutory 9(a) "take" prohibitions, and directs the agency to issue regulations it considers necessary and advisable for the conservation of the species. The 4(d) protective regulations may prohibit, with respect to threatened species, some or all of the acts which Section 9(a) of the ESA prohibits with respect to endangered species. In the case of the GOM DPS, NMFS is proposing to apply all of the Section 9 prohibitions (sections 9(a)(1)(A) through 9(a)(1)(G)) except for certain activities related to research, stranding, and salvage which can result in "take" of Atlantic sturgeon belonging to the GOM DPS. Specifically, the rule, if implemented as proposed, would not apply the Section 9(a)(1)(B) prohibitions to taking Atlantic sturgeon within the riverine range of the GOM DPS for: (a) scientific research when conducted in the manner specified in the proposed rule; and, (b) salvaging dead, and aiding/resuscitating live Atlantic sturgeon by NMFS personnel or their designated agents as specified in the proposed rule. 
Agency: Department of Commerce(DOC)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 223   
Legal Authority: 16 USC 1361 et seq    16 USC 1531 to 1543   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/00/2010    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: State 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Lisa Manning
Ecologist
Department of Commerce
National Oceanic and Atmospheric Administration
1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 713-1401
Fax:301 427-2523
Email: lisa.manning@noaa.gov