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50 CFR Ch. II (10–1–19 Edition)

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50 CFR Ch. II (10–1–19 Edition) National Marine Fisheries Service/NOAA, Commerce § 223.101 System as now or hereafter con- FIGURE 13 TO PART 223—SINGLE GRID HARD stituted, shall be treated for purposes TED ESCAPE OPENING of section 7 of the Act as a threatened FIGURE 14a TO PART 223—MAXIMUM ANGLE OF species, and the provisions of section DEFLECTOR BARS WITH STRAIGHT BARS 7(a)(2) of the Act shall apply. ATTACHED TO THE BOTTOM OF THE FRAME (c) For purposes of section 7 of the FIGURE 14b TO PART 223—MAXIMUM ANGLE OF Act, any consultation on a proposed DEFLECTOR BARS WITH BENT BARS AT- TACHED TO THE BOTTOM OF THE FRAME Federal action that may affect both an FIGURE 15 TO PART 223—WEEDLESS TED experimental and a nonexperimental BRACE BAR DESCRIPTION population of the same species should FIGURE 16 TO PART 223—ESCAPE OPENING AND consider that species’ experimental and FLAP DIMENSIONS FOR THE DOUBLE COVER nonexperimental populations to con- FLAP TED stitute a single listed species for the FIGURE 17 TO PART 223—BOONE WEDGE CUT purposes of conducting the analyses ESCAPE OPENING under section 7 of the Act. FIGURES 18a, 18b AND 18c TO PART 223—LARGE FRAME TED ESCAPE OPENING; MINIMUM PART 223—THREATENED MARINE DIMENSIONS USING ALL-BAR CUTS (TRI- AND ANADROMOUS SPECIES ANGULAR CUTS); LARGE FRAME TED ES- CAPE OPENING; MINIMUM DIMENSIONS USING ALL-BAR CUTS AND LEADING EDGE Subpart A—General Provisions CUT; LARGE FRAME TED ESCAPE OPENING; Sec. MINIMUM DIMENSIONS USING ALL-POINTS 223.101 Purpose and scope. SIDE CUTS (RECTANGULAR CUT) 223.102 Enumeration of threatened marine FIGURES 19a AND 19b TO PART 223—CHAUVIN and anadromous species. SHRIMP DEFLECTOR INSTALLATION DE- TAILS Subpart B—Restrictions Applicable to AUTHORITY: 16 U.S.C. 1531 1543; subpart B, Threatened Marine and Anadromous § 223.201–202 also issued under 16 U.S.C. 1361 et Species seq.; 16 U.S.C. 5503(d) for § 223.206(d)(9). 223.201 Guadalupe fur seal. SOURCE: 43 FR 32809, July 28, 1978, unless 223.202 [Reserved] otherwise noted. Redesignated at 64 FR 14068, 223.203 Anadromous fish. Mar. 23, 1999. 223.204 Tribal plans. 223.205 Sea turtles. 223.206 Exceptions to prohibitions relating Subpart A—General Provisions to sea turtles. 223.207 Approved TEDs. § 223.101 Purpose and scope. 223.208 Corals. (a) The regulations contained in this 223.209 [Reserved] 223.210 Green sturgeon. part identify the species under the ju- 223.211 Atlantic sturgeon. risdiction of the Secretary of Com- 223.212 Southern DPS of spotted seal. merce that have been determined to be 223.213 Humpback whales. threatened species pursuant to section 223.214 Approaching threatened humpback 4(a) of the Act, and provide for the con- whales in Alaska. servation of such species by estab- 223.215–223.300 [Reserved] 223.301 Special rules—marine and anad- lishing rules and procedures to govern romous fishes. activities involving the species. FIGURES 1–2 TO PART 223 [RESERVED] (b) The regulations contained in this FIGURE 3 TO PART 223—MATAGORDA TED part apply only to the threatened spe- FIGURE 4 TO PART 223—GEORGIA TED cies enumerated in § 223.102. FIGURE 5 TO PART 223—NET DIAGRAM FOR THE (c) The provisions of this part are in EXCLUDER PANEL OF THE PARKER SOFT addition to, and not in lieu of, other TED regulations of parts 222 through 226 of FIGURE 6 TO PART 223—TED EXTENSION IN SUMMER FLOUNDER TRAWL this chapter which prescribe additional FIGURES 7–9b TO PART 223 [RESERVED] restrictions or conditions governing FIGURE 10 TO PART 223—FLOUNDER TED threatened species. FIGURE 11 TO PART 223—MODIFIED FLOUNDER TED [64 FR 14068, Mar. 23, 1999, as amended at 79 FIGURE 12 TO PART 223—ESCAPE OPENING & FR 20806, Apr. 14, 2014] COVER DIMENSIONS FOR 71-INCH TED 375 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00385 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR § 223.102 50 CFR Ch. II (10–1–20 Edition) § 223.102 Enumeration of threatened in the FEDERAL REGISTER notice(s) marine and anadromous species. cited in the ‘‘Citation(s) for listing de- (a) The table below identifies the spe- termination(s)’’ column. cies under the jurisdiction of the Sec- (c) The ‘‘Citation(s) for listing deter- retary of Commerce that have been de- mination(s)’’ column provides ref- termined to be threatened pursuant to erence to the FEDERAL REGISTER no- section 4(a) of the Act, species treated tice(s) determining the species’ status as threatened because they are suffi- under the Act. The abbreviation ciently similar in appearance to ‘‘(SPR)’’ (significant portion of its threatened species, and experimental range) after a citation indicates that populations of threatened species. the species was listed based on its sta- (b) The columns entitled ‘‘Common tus in a significant portion of its range. name,’’ ‘‘Scientific name,’’ and ‘‘De- If a citation does not include the scription of listed entity’’ define the ‘‘(SPR)’’ notation, it means that the species within the meaning of the Act. species was listed based on its status In the ‘‘Common name’’ column, exper- throughout its entire range. For imental populations are identified as ‘‘(SPR)’’ listings, a geographical de- ‘‘XE’’ for essential populations or scription of the SPR may be found in ‘‘XN’’ for nonessential populations. the referenced FEDERAL REGISTER no- Species listed based on similarity of tice. The ‘‘(SPR)’’ notation serves an appearance are identified as ‘‘S/A.’’ Al- informational purpose only and does though a column for ‘‘Common name’’ not imply any limitation on the appli- is included, common names cannot be cation of the prohibitions or restric- relied upon for identification of any tions of the Act or implementing rules. specimen, because they may vary (d) The ‘‘Critical habitat’’ and ‘‘ESA greatly in local usage. The ‘‘Scientific rules’’ columns provide cross-ref- name’’ column provides the most re- cently accepted scientific name, rely- erences to other sections in this part ing to the extent practicable on the and part 226. The term ‘‘NA’’ appearing International Code of Zoological Nomen- in the ‘‘Critical habitat’’ column indi- clature. In cases in which confusion cates that there are no critical habitat might arise, a synonym(s) will be pro- designations for that species; similarly, vided in parentheses. The ‘‘Description the term ‘‘NA’’ appearing in the ‘‘ESA of listed entity’’ column identifies rules’’ column indicates that there are whether the listed entity comprises the no ESA rules for that species. However, entire species, a subspecies, or a dis- all other applicable rules in parts 222 tinct population segment (DPS) and through 226 and part 402 still apply to provides a description for any DPSs. that species. Also, there may be other Unless otherwise indicated in the ‘‘De- rules in this title that relate to such scription of listed entity’’ column, all wildlife. The ‘‘ESA rules’’ column is individual members of the listed entity not intended to list all Federal, state, and their progeny retain their listing tribal, or local governmental regula- status wherever found, including indi- tions that may apply to the species. viduals in captivity. Information re- (e) The threatened species under the garding the general range of the spe- jurisdiction of the Secretary of Com- cies, subspecies, or DPS may be found merce are: Species 1 Citation(s) for listing Critical ESA rules Common name Scientific name Description of listed entity determination(s) habitat Marine Mammals Dolphin, Hec- Cephalorhynchus Entire subspecies ................... 82 FR 43701, Sept. 19, NA NA tor’s. hectori hectori. 2017. 376 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00386 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR National Marine Fisheries Service/NOAA, Commerce § 223.102 Species 1 Citation(s) for listing Critical ESA rules Common name Scientific name Description of listed entity determination(s) habitat Seal, bearded Erignathus Bearded seals originating from 77 FR 76740, Dec. 28, NA NA. (Beringia barbatus breeding areas in the Arctic 2012. DPS). nauticus. Ocean and adjacent seas in the Pacific Ocean between 145° E. Long. (Novosibirskiye) and 130° W. Long., and east of 157° E. Long. or east of the Kamchatka Peninsula. Seal, bearded Erignathus Bearded seals originating from 77 FR 76740, Dec. 28, NA NA. (Okhotsk barbatus breeding areas in the Pa- 2012. DPS). nauticus. cific Ocean west of 157° E. Long. or west of the Kamchatka Peninsula. Seal, Guada- Arctocephalus Entire species ......................... 50 FR 51252, Dec. 16, NA 223.201. lupe fur. townsendi. 1985. Seal, ringed Phoca (=Pusa) Entire subspecies ................... 77 FR 76706, Dec. 28, NA NA. (Arctic sub- hispida hispida. 2012. species). Seal, ringed Phoca (=Pusa) Entire subspecies ................... 77 FR 76706, Dec. 28, NA NA. (Baltic sub- hispida botnica. 2012. species). Seal, ringed Phoca (=Pusa) Entire subspecies ................... 77 FR 76706, Dec. 28, NA NA. (Okhotsk hispida 2012. subspecies). ochotensis. Seal, spotted Phoca largha ...... Spotted seals originating from 75 FR 65239, Oct. 22, NA 223.212. (Southern breeding areas in the Pa- 2010. DPS). cific Ocean south of 43° N. Lat. Whale, hump- Megaptera Humpback whales that breed 81 FR 62260, Sept. 8, NA 223.213. back (Mexico novaeangliae. or winter in the area of 2016. DPS). mainland Mexico and the Revillagigedos Islands, tran- sit Baja California, or feed in the North Pacific Ocean, primarily off California-Or- egon, northern Washington- southern British Columbia, northern and western Gulf of Alaska and East Bering Sea. Reptiles 2 Sea turtle, Chelonia mydas Green sea turtles originating 81 FR 20058, Apr. 6, NA 223.205, 223.206, green (Cen- from the Central North Pa- 2016.
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