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DOC/NOAA RIN: 0648-BM49 Publication ID: Fall 2023 
Title: ●Endangered and Threatened Wildlife and Plants; Protective Regulations for the Oceanic Whitetip Shark (Carcharhinus longimanus) 

We propose protective regulations under section 4(d) of the Endangered Species Act (ESA) for the conservation of the threatened oceanic whitetip shark (Carcharhinus longimanus). The prohibitions listed under section 9(a)(1) of the ESA automatically apply when a species is listed as endangered. In the case of a species listed as threatened, the first sentence of section 4(d) provides that the Secretary of Commerce (Secretary) shall issue such regulations as deemed necessary and advisable to provide for the conservation of the species. The second sentence of section 4(d) states that the Secretary may by regulation prohibit with respect to any threatened species any or all acts prohibited under section 9(a)(1). The final rule to list the oceanic whitetip shark as a threatened species under the ESA became effective March 1, 2018 (83 FR 4153; January 30, 2018) and protective regulations for the species were not adopted at that time. There is increasing concern regarding the population-level impacts of ongoing take (intentional in some cases) of oceanic whitetip sharks both in the U.S. Pacific and Atlantic since the listing, which is legally allowed to occur in the absence of protective regulations. For this reason, we are now proposing to apply all of the prohibitions listed under ESA sections 9(a)(1)(A) through 9(a)(1)(G) to the species with limited exceptions for scientific research and law enforcement purposes.

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 U.S.C. 1533   
Legal Deadline:  None
Action Date FR Cite
NPRM  11/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
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