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373 Subpart E—Experimental Populations

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373 Subpart E—Experimental Populations § 221.75 50 CFR Ch. II (10–1–20 Edition) (2) Any study, data, and other factual Subpart C—General Permit Procedures information relied on that is not al- ready part of the licensing proceeding 222.301 General requirements. record. 222.302 Procedure for obtaining permits. (e) The written statement under 222.303 Issuance of permits. paragraph (d)(1) of this section must 222.304 Renewal of permits. demonstrate that NOAA gave equal 222.305 Rights of succession and transfer of permits. consideration to the effects of the con- 222.306 Modification, amendment, suspen- dition or prescription adopted and any sion, cancellation, and revocation of per- alternative not accepted on: mits. (1) Energy supply, distribution, cost, 222.307 Permits for incidental taking of spe- and use; cies. (2) Flood control; 222.308 Permits for scientific purposes or for (3) Navigation; the enhancement of propagation or sur- (4) Water supply; vival of species. (5) Air quality; and 222.309 Permits for listed species of sea tur- (6) Preservation of other aspects of tles involving the Fish and Wildlife Serv- environmental quality. ice. 222.310 Permit authority for designated § 221.75 Has OMB approved the infor- agents and employees of specified Fed- mation collection provisions of this eral and state agencies. subpart? Subpart D—Observer Requirement Yes. This rule contains provisions that would collect information from 222.401 Observer requirement. the public. It therefore requires ap- 222.402 Annual determination of fisheries to proval by the Office of Management be observed; notice and comment. and Budget (OMB) under the Paper- 222.403 Duration of selection; effective date. work Reduction Act of 1995, 44 U.S.C. 222.404 Observer program sampling. 3501 et seq. (PRA). According to the PRA, a Federal agency may not con- Subpart E—Experimental Populations duct or sponsor, and a person is not re- 222.501 Definitions. quired to respond to, a collection of in- 222.502 Listing. formation unless it displays a cur- 222.503 Prohibitions. rently valid OMB control number that 222.504 Interagency cooperation. indicates OMB approval. OMB has re- AUTHORITY: 16 U.S.C. 1531 et seq.; 16 U.S.C. viewed the information collection in 742a et seq. this rule and approved it under OMB Section 222.403 also issued under 16 U.S.C. control number 1094–0001. 1361 et seq. SOURCE: 64 FR 14054, Mar. 23, 1999, unless PART 222—GENERAL ENDANGERED otherwise noted. AND THREATENED MARINE SPECIES Subpart A—Introduction and Subpart A—Introduction and General Provisions General Provisions Sec. § 222.101 Purpose and scope of regula- 222.101 Purpose and scope of regulations. tions. 222.102 Definitions. (a) The regulations of parts 222, 223, 222.103 Federal/state cooperation in the con- servation of endangered and threatened and 224 of this chapter implement the species. Endangered Species Act (Act), and gov- ern the taking, possession, transpor- Subpart B—Certificates of Exemption for tation, sale, purchase, barter, expor- Pre-Act Endangered Species Parts tation, importation of, and other re- quirements pertaining to wildlife and 222.201 General requirements. plants under the jurisdiction of the 222.202 Certificate renewal. 222.203 Modification, amendment, suspen- Secretary of Commerce and determined sion, and revocation of certificates. to be threatened or endangered pursu- 222.204 Administration of certificates. ant to section 4(a) of the Act. These 222.205 Import and export requirements. regulations are implemented by the 348 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR National Marine Fisheries Service/NOAA, Commerce § 222.102 National Marine Fisheries Service, Na- § 222.102 Definitions. tional Oceanic and Atmospheric Ad- Accelerator funnel means a device ministration, U.S. Department of Com- used to accelerate the flow of water merce, This part pertains to general through a shrimp trawl net. provisions and definitions. Specifically, Act means the Endangered Species parts 223 and 224 pertain to provisions Act of 1973, as amended, 16 U.S.C. 1531 to threatened species and endangered et seq. species, respectively. Part 226 enumer- Adequately covered means, with re- ates designated critical habitat for en- spect to species listed pursuant to sec- dangered and threatened species. Cer- tion 4 of the Act, that a proposed con- tain of the endangered and threatened servation plan has satisfied the permit marine species enumerated in §§ 224.102 issuance criteria under section and 223.102 are included in Appendix I 10(a)(2)(B) of the Act for the species or II to the Convention on Inter- covered by the plan and, with respect national Trade of Endangered Species to unlisted species, that a proposed of Wild Fauna and Flora. The importa- conservation plan has satisfied the per- mit issuance criteria under section tion, exportation, and re-exportation of 10(a)(2)(B) of the Act that would other- such species are subject to additional wise apply if the unlisted species cov- regulations set forth at 50 CFR part 23, ered by the plan were actually listed. chapter I. For the Services to cover a species (b) For rules and procedures relating under a conservation plan, it must be to species determined to be threatened listed on the section 10(a)(1)(B) permit. or endangered under the jurisdiction of Alaska Regional Administrator means the Secretary of the Interior, see 50 the Regional Administrator for the CFR parts 10 through 17. For rules and Alaska Region of the National Marine procedures relating to the general im- Fisheries Service, National Oceanic plementation of the Act jointly by the and Atmospheric Administration, U.S. Departments of the Interior and Com- Department of Commerce, or their au- merce and for certain species under the thorized representative. Mail sent to joint jurisdiction of both the Secre- the Alaska Regional Administrator taries of the Interior and Commerce, should be addressed: Alaska Regional see 50 CFR Chapter IV. Marine mam- Administrator, F/AK, Alaska Regional mals listed as endangered or threat- Office, National Marine Fisheries Serv- ice, NOAA, P.O. Box 21668 Juneau, AK ened and subject to these regulations 99802–1668. may also be subject to additional re- Approved turtle excluder device (TED) quirements pursuant to the Marine means a device designed to be installed Mammal Protection Act (for regula- in a trawl net forward of the cod end tions implementing that act, see 50 for the purpose of excluding sea turtles CFR part 216). from the net, as described in 50 CFR (c) No statute or regulation of any 223.207. state shall be construed to relieve a Assistant Administrator means the As- person from the restrictions, condi- sistant Administrator for Fisheries of tions, and requirements contained in the National Marine Fisheries Service, parts 222, 223, and 224 of this chapter. In National Oceanic and Atmospheric Ad- addition, nothing in parts 222, 223, and ministration, U.S. Department of Com- 224 of this chapter, including any per- merce, or his authorized representa- mit issued pursuant thereto, shall be tive. Mail sent to the Assistant Admin- construed to relieve a person from any istrator should be addressed: Assistant other requirements imposed by a stat- Administrator for Fisheries, National ute or regulation of any state or of the Marine Fisheries Service, NOAA, 1315 United States, including any applicable East-West Highway, Silver Spring, MD health, quarantine, agricultural, or 20910. customs laws or regulations, or any Atlantic Area means all waters of the Atlantic Ocean south of 36°33′00.8″ N. other National Marine Fisheries Serv- lat. (the line of the North Carolina/Vir- ice enforced statutes or regulations. ginia border) and adjacent seas, other than waters of the Gulf Area, and all 349 VerDate Sep<11>2014 11:43 Jul 22, 2021 Jkt 250244 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Y:\SGML\250244.XXX 250244 rmajette on DSKBCKNHB2PROD with CFR § 222.102 50 CFR Ch. II (10–1–20 Edition) waters shoreward thereof (including and that can be planned for (e.g., the ports). listing of new species, or a fire or other Atlantic Shrimp Fishery—Sea Turtle natural catastrophic event in areas Conservation Area (Atlantic SFSTCA) prone to such events). means the inshore and offshore waters Commercial activity means all activi- extending to 10 nautical miles (18.5 km) ties of industry and trade, including, offshore along the coast of the States but not limited to, the buying or sell- of Georgia and South Carolina from the ing of commodities and activities con- Georgia-Florida border (defined as the ducted for the purpose of facilitating line along 30°42′45.6″ N. lat.) to the such buying and selling: Provided, how- North Carolina-South Carolina border ever, that it does not include the exhi- (defined as the line extending in a di- bition of commodities by museums or rection of 135°34′55″ from true north similar cultural or historical organiza- from the North Carolina-South Caro- tions. lina land boundary, as marked by the Conservation plan means the plan re- border station on Bird Island at quired by section 10(a)(2)(A) of the Act 33°51′07.9″ N. lat., 078°32′32.6″ W. long.). that an applicant must submit when Authorized officer means: applying for an incidental take permit. (1) Any commissioned, warrant, or Conservation plans also are known as petty officer of the U.S. Coast Guard; ‘‘habitat conservation plans’’ or (2) Any special agent or enforcement ‘‘HCPs.’’ officer of the National Marine Fish- Conserved habitat areas means areas eries Service; explicitly designated for habitat res- (3) Any officer designated by the head toration, acquisition, protection, or of a Federal or state agency that has other conservation purposes under a entered into an agreement with the conservation plan.
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