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| DOC/NOAA | RIN: 0648-BN14 | Publication ID: Fall 2024 |
| Title: ●Taking of Marine Mammals Incidental to Commercial Fishing Operations; Amendment to the Atlantic Pelagic Longline Take Reduction Plan | |
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Abstract:
On June 6, 2023, the National Marine Fisheries Service (NMFS) published a final rule amending the Atlantic Pelagic Longline Take Reduction Plan (PLTRP). The PLTRP is required under Section 118 of the Marine Mammal Protection Act to reduce mortality and serious injury of short-finned pilot whales (Globicephala macrorhynchus) incidental to the Atlantic portion of the Category I Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline fishery. Regulatory requirements in the amended PLTRP became effective on July 6, 2023, except for the requirements contained in 50 CFR 229.36(d), implementing new terminal gear requirements, which are to become effective on July 8, 2024 (88 FR 36965). These terminal gear regulations include a requirement that circle hooks used in the U.S. Atlantic exclusive economic zone (EEZ) have a round wire diameter not to exceed 4.05 mm (0.159 in) if the hooks are size 16/0, or 4.40 mm (0.173 in) if the hooks are size 18/0, and hooks must have a straightening force not to exceed 300 lb (136.08 kg). When we published the final rule, we delayed the effective date for the terminal gear requirements by 12 months to July 8, 2024, to allow industry time to acquire and transition to the new hooks. Eagle Claw, a primary hook manufacturer for the Atlantic pelagic longline fishing industry, did not have a 16/0 or 18/0 circle hook that met the PLTRP’s new hook specifications required by the final rule and, thus, needed to design, test, and manufacture new, compliant hooks. Although that process began at the time of publication of the final rule, as of May 31, 2024, those new, compliant hooks manufactured by Eagle Claw remain unavailable for purchase. They are expected to be available for purchase in June 2024; however, this does not allow sufficient time for the industry to phase out old hooks and implement new hooks before the July 8, 2024 effective date. Due to this manufacturing delay (caused by material delays and production scheduling), pelagic longline fishermen are unable to acquire economically feasible and practical hooks that meet the regulatory requirements of the PLTRP. Under the current timing, the terminal gear requirements contained in 50 CFR 229.36(d) will go into effect on July 8, 2024; however, we are delaying the effective date of these changes to 50 CFR 229.36(d) by 6 additional months to January 1, 2025. Therefore, there is an urgent need to publish the final rule announcing this delay before July 8, 2024. |
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| Agency: Department of Commerce(DOC) | Priority: Substantive, Nonsignificant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 50 CFR 229 | |
| Legal Authority: 16 U.S.C. 1361 et seq. | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: Businesses | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
| Related RINs: Related to 0648-BF90 | |
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Agency Contact: Kim Damon-Randall Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 427-8400 Email: kimberly.damon-randall@noaa.gov |
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