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DOC/NOAA | RIN: 0648-BM49 | Publication ID: Fall 2024 |
Title: Endangered and Threatened Wildlife and Plants; Protective Regulations for the Oceanic Whitetip Shark (Carcharhinus longimanus) | |
Abstract:
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. |
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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 223 | |
Legal Authority: 16 U.S.C. 1533 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: YES | Government Levels Affected: Federal, State |
Small Entities Affected: Businesses, Governmental Jurisdictions | 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: Yes | |
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 |