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DOC/NOAA RIN: 0648-BC54 Publication ID: Fall 2014 
Title: Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Sturgeon Research in the Gulf of Mexico 
Abstract: The Gulf sturgeon was listed in 1991 as threatened under the Endangered Species Act. The U.S. Fish and Wildlife Service (USFWS) is working with the National Marine Fisheries Service (NMFS), the U.S. Geological Survey, and other partners on several wide-ranging projects across inshore waters of the Gulf of Mexico in designated critical habitat areas for the Gulf sturgeon. Sturgeon research projects include an annual summer and fall census and fine-scale movement and habitat assessment within and nearby Choctawhatchee Bay, FL. Sampling locations will occur in Florida, Mississippi, and Louisiana. The research involves the use of gill nets to capture sturgeon to assess physical condition, implant telemetry transmitters, and collect census information, among other objectives. This proposed rulemaking sets up the regulatory environment for exempting takes of marine mammals caused by the sturgeon sampling program. The rule outlines mitigation measures to avoid impacts on affected species and their habitats, monitoring requirements, and reporting requirements. The rule will remain in effect for five years. Once the rule is in place, Letters of Authorization (LOAs) may be issued annually under the rule to authorize marine mammal takes incidental to sturgeon research. Gulf of Maine sturgeon research is an ongoing effort that has resulted in only one incident of interaction with marine mammals in 26 years of survey efforts, which caused the deaths of two bottlenose dolphins. Since then, USFWS has implemented avoidance measures designed in collaboration with NMFS. Although entanglement of marine mammals in gill nets for sturgeon research is extremely rare, and the likelihood is further reduced by the avoidance measures, incidental take of marine mammals from sturgeon research remains a possibility. 
Agency: Department of Commerce(DOC)  Priority: Routine and Frequent 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 50 CFR 217   
Legal Authority: 16 USC 1371 et seq   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Withdrawn  09/05/2014 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Donna Wieting
Director, Office of Protected Resources
Department of Commerce
National Oceanic and Atmospheric Administration
National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910
Phone:301 427-8400