United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2024_register executive 2024-02-07 article Rules and Regulations D09002ee1c793162e D09002ee1c793171d United States Department of Commerce originator org United States Government Agency or Subagency United States National Oceanic and Atmospheric Administration originator org United States Government Agency or Subagency NMFS is amending the Atlantic Large Whale Take Reduction Plan (Plan) to expand the boundaries of the seasonal Massachusetts Restricted Area (MRA) to include the wedge between State and Federal waters known as the Massachusetts Restricted Area Wedge (MRA Wedge). The MRA Wedge was seasonally closed to trap/pot fishing gear by emergency rulemaking in 2022 and 2023 to prevent the immediate risk to the North Atlantic right whale (Eubalaena glacialis, right whale) of mortality and serious injury caused by entanglement in fixed-gear buoy lines. Substantial observational evidence has documented the consistent presence of right whales within the MRA Wedge from February through April and aerial surveys have similarly documented the presence of aggregated fixed gear in the MRA Wedge during this same time period. Due to the co-occurrence of whales and buoy lines, both in high densities in this area during the specified times of year, this entanglement risk is expected to recur annually. This action will address this gap in protection between seasonally closed State and Federal waters and reduce the incidental mortality and serious injury of right whales, fin whales (Balaenoptera physalus), and humpback whales (Megaptera novaeangliae) in commercial trap/pot fisheries. There is a specific carve out for this rule in the Consolidated Appropriations Act, 2023 (CAA). 89 FR 8333 https://www.govinfo.gov/app/details/FR-2024-02-07/2024-02438 2024-02438 fr07fe24-4 RIN 0648-BM31 3510-22-P Docket No. 240201-0032 https://www.govinfo.gov/app/details/FR-2024-02-07/2024-02438 https://www.govinfo.gov/content/pkg/FR-2024-02-07/html/2024-02438.htm https://www.govinfo.gov/content/pkg/FR-2024-02-07/pdf/2024-02438.pdf Administrative Practice and Procedure Confidential Business Information Endangered Species Fisheries Marine Mammals Reporting and Recordkeeping Requirements 17 p. 8333 8349 89 FR 8333 Title 50 Part 229 50 CFR Part 229 RIN 0648-BM31 Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations; Federal Register Vol. 89, Issue RULE 2024-02438 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 2024-03-08 Docket No. 240201-0032 3510-22-P 2024-02438 Final rule.

NMFS is amending the Atlantic Large Whale Take Reduction Plan (Plan) to expand the boundaries of the seasonal Massachusetts Restricted Area (MRA) to include the wedge between State and Federal waters known as the Massachusetts Restricted Area Wedge (MRA Wedge). The MRA Wedge was seasonally closed to trap/pot fishing gear by emergency rulemaking in 2022 and 2023 to prevent the immediate risk to the North Atlantic right whale (Eubalaena glacialis, right whale) of mortality and serious injury caused by entanglement in fixed-gear buoy lines. Substantial observational evidence has documented the consistent presence of right whales within the MRA Wedge from February through April and aerial surveys have similarly documented the presence of aggregated fixed gear in the MRA Wedge during this same time period. Due to the co-occurrence of whales and buoy lines, both in high densities in this area during the specified times of year, this entanglement risk is expected to recur annually. This action will address this gap in protection between seasonally closed State and Federal waters and reduce the incidental mortality and serious injury of right whales, fin whales (Balaenoptera physalus), and humpback whales (Megaptera novaeangliae) in commercial trap/pot fisheries. There is a specific carve out for this rule in the Consolidated Appropriations Act, 2023 (CAA).

This rule is effective March 8, 2024. Jennifer Goebel, 978-281-9175, jennifer.goebel@noaa.gov, Colleen Coogan, 978-281-9181, colleen.coogan@noaa.gov. Administrative Practice and Procedure Confidential Business Information Endangered Species Fisheries Marine Mammals Reporting and Recordkeeping Requirements Taking or Importing of Marine Mammals: Atlantic Large Whale Take Reduction Plan Regulations, colleen.coogan@noaa.gov jennifer.goebel@noaa.gov https://www.fisheries.noaa.gov/ALWTRP https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2023-north-atlantic-right-whale-unusual-mortality-event https://www.fisheries.noaa.gov/s3/2023-10/TM314-508-0.pdf https://www.fisheries.noaa.gov/s3/2023-11/5a-ALWTRP-Monitoring-Strategy.pdf https://www.fisheries.noaa.gov/species/north-atlantic-right-whale/road-recovery https://www.regulations.gov/ regulations.gov Vol. 89, no. 26 Office of the Federal Register, National Archives and Records Administration 2024-02-07 continuing daily deposited born digital 206 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2024-02-07 P0b002ee1c4c26328 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr07fe24 https://www.govinfo.gov/app/details/FR-2024-02-07 https://www.govinfo.gov/content/pkg/FR-2024-02-07/pdf/FR-2024-02-07.pdf https://www.govinfo.gov/content/pkg/FR-2024-02-07/xml/FR-2024-02-07.xml fdlp 8329 8524 DGPO 2024-02-07 2024-05-28 FR-2024-02-07 machine generated eng FR FR-2024-02-07 89 26