cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
18 rows where part_number = 219 and title_number = 50 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, full_text
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:10.0.1.3.5.2.1.1 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.31 Specified activity and specified geographical region. | NOAA | (a) This subpart applies only to the National Marine Fisheries Service's (NMFS) Northeast Fisheries Science Center and those persons it authorizes or funds to conduct activities in the area outlined in paragraph (b) of this section during research survey program operations. (b) The incidental taking of marine mammals by Northeast Fisheries Science Center may be authorized in a Letter of Authorization (LOA) only if it occurs within the Northeast and Southeast Large Marine Ecosystem. | ||||
| 50:50:10.0.1.3.5.2.1.2 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.32 Effective dates. | NOAA | Regulations in this subpart are effective from October 21, 2021, through October 21, 2026. | ||||
| 50:50:10.0.1.3.5.2.1.3 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.33 Permissible methods of taking. | NOAA | Under LOAs issued pursuant to §§ 216.106 of this chapter and 219.37, the Holder of the LOA (hereinafter “NEFSC”) may incidentally, but not intentionally, take marine mammals within the area described in § 219.31(b) by Level B harassment associated with use of active acoustic systems and physical or visual disturbance of hauled out pinnipeds and by Level A harassment, serious injury, or mortality associated with use of trawl, dredge, bottom and pelagic longline, gillnet, pot and trap, and fyke net gears, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA, provided the activity is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA. | ||||
| 50:50:10.0.1.3.5.2.1.4 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.34 Prohibitions. | NOAA | Except for takings contemplated in § 219.33 and authorized by a LOA issued under §§ 216.106 of this chapter and 219.37, it shall be unlawful for any person to do any of the following in connection with the activities described in § 219.31: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under §§ 216.106 of this chapter and 219.37; (b) Take any marine mammal not specified in such LOA; (c) Take any marine mammal specified in such LOA in any manner other than as specified; (d) Take a marine mammal specified in such LOA if NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or (e) Take a marine mammal specified in such LOA if NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses. | ||||
| 50:50:10.0.1.3.5.2.1.5 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.35 Mitigation requirements. | NOAA | When conducting the activities identified in § 219.31(a), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 219.37 must be implemented. These mitigation measures must include but are not limited to: (a) General conditions. (1) NEFSC must take all necessary measures to coordinate and communicate in advance of each specific survey with the National Oceanic and Atmospheric Administration's (NOAA) Office of Marine and Aviation Operations (OMAO) or other relevant parties on non-NOAA platforms to ensure that all mitigation measures and monitoring requirements described herein, as well as the specific manner of implementation and relevant event-contingent decision-making processes, are clearly understood and agreed upon; (2) NEFSC must coordinate and conduct briefings at the outset of each survey and as necessary between the ship's crew (Commanding Officer/master or designee(s), contracted vessel owners, as appropriate) and scientific party or in order to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures; (3) NEFSC must coordinate as necessary on a daily basis during survey cruises with OMAO personnel or other relevant personnel on non-NOAA platforms to ensure that requirements, procedures, and decision-making processes are understood and properly implemented; (4) When deploying any type of sampling gear at sea, NEFSC must at all times monitor for any unusual circumstances that may arise at a sampling site and use best professional judgment to avoid any potential risks to marine mammals during use of all research equipment; (5) All vessels must comply with applicable and relevant take reduction plans, including any required use of acoustic deterrent devices; (6) If a NEFSC vessel 65 ft (19.8 m) or longer is traveling within a North Atlantic right whale Seasonal Management Area, the vessel shall not exceed 10 knots in speed. When practicable, all NEFSC vessels traveling within a Dynamic Management Area or acoust… | ||||
| 50:50:10.0.1.3.5.2.1.6 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.36 Requirements for monitoring and reporting. | NOAA | (a) Compliance coordinator. NEFSC shall designate a compliance coordinator who shall be responsible for ensuring compliance with all requirements of any LOA issued pursuant to § 216.106 of this chapter and § 219.7 and for preparing for any subsequent request(s) for incidental take authorization. (b) Visual monitoring program. (1) Marine mammal visual monitoring must occur prior to deployment of beam, mid-water, and bottom trawl, bottom and pelagic longline, gillnet, fyke net, pot, trap, and rotary screw trap gear; throughout deployment of gear and active fishing of all research gears; and throughout retrieval of all research gear; (2) Marine mammal watches must be conducted by watch-standers (those navigating the vessel and/or other crew) at all times when the vessel is being operated; (3) NEFSC must monitor any potential disturbance of pinnipeds on ledges, paying particular attention to the distance at which different species of pinniped are disturbed. Disturbance must be recorded according to a three-point scale of response to disturbance; and (4) The NEFSC must continue to conduct a local census of pinniped haulout areas prior to conducting any fisheries research in the Penobscot River estuary. The NEFSC's census reports must include an accounting of disturbance based on the three-point scale of response severity metrics. (c) Training. (1) NEFSC must conduct annual training for all chief scientists and other personnel (including its cooperating institutions, contracted vessels, or commercially-hired captains) who may be responsible for conducting dedicated marine mammal visual observations to explain mitigation measures and monitoring and reporting requirements, mitigation and monitoring protocols, marine mammal identification, completion of datasheets, and use of equipment. NEFSC may determine the agenda for these trainings; (2) NEFSC must also dedicate a portion of training to discussion of best professional judgment, including use in any incidents of marine mammal interaction and instructive exa… | ||||
| 50:50:10.0.1.3.5.2.1.7 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.37 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to these regulations, NEFSC must apply for and obtain an LOA. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations. (c) If an LOA expires prior to the expiration date of these regulations, NEFSC may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, NEFSC must apply for and obtain a modification of the LOA as described in § 219.38. (e) The LOA must set forth: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species, its habitat, and on the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting. (f) Issuance of the LOA must be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations. (g) Notice of issuance or denial of an LOA must be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.5.2.1.8 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | § 219.38 Renewals and modifications of Letters of Authorization. | NOAA | (a) A LOA issued under §§ 216.106 of this chapter and 219.37 for the activity identified in § 219.31(a) must be renewed or modified upon request by the applicant, provided that: (1) The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for these regulations (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) OPR determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented. (b) For an LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision in in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), OPR may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 219.37 for the activity identified in § 219.31(a) may be modified by OPR under the following circumstances: (1) OPR may modify (including augment) the existing mitigation, monitoring, or reporting measures (after consulting with NEFSC regarding the practicability of the modifications) if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring set forth in the preamble for these regulations. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA: (A) Results from NEFSC's monitoring from the previous year(s); (B) Results from other marine mammal and/or sound research or studies; and (C) Any information that … | ||||
| 50:50:10.0.1.3.5.2.1.9 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | D | Subpart D—Taking Marine Mammals Incidental to Northeast Fisheries Science Center Fisheries Research in the Atlantic Coast Region | §§ 219.39-219.40 [Reserved] | NOAA | |||||
| 50:50:10.0.1.3.5.4.1.1 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.61 Specified activity and specified geographical region. | NOAA | (a) Regulations in this subpart apply only to the National Marine Fisheries Service's (NMFS) Pacific Islands Fisheries Science Center (PIFSC) and those persons it authorizes or funds to conduct activities on its behalf for the taking of marine mammals that occurs in the areas outlined in paragraph (b) of this section and that occurs incidental to research survey program operations. (b) The taking of marine mammals by PIFSC may be authorized in a Letter of Authorization (LOA) only if it occurs during fishery research within the Hawaiian Archipelago, Mariana Archipelago, American Samoa Archipelago, and Western and Central Pacific Ocean. | ||||
| 50:50:10.0.1.3.5.4.1.2 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.62 Effective dates. | NOAA | Regulations in this subpart are effective from May 16, 2025 through May 15, 2030. | ||||
| 50:50:10.0.1.3.5.4.1.3 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.63 Permissible methods of taking. | NOAA | Under LOAs issued pursuant to §§ 216.106 of this chapter and 219.67, the Holder of the LOA (hereinafter “PIFSC”) may incidentally, but not intentionally, take marine mammals within the area described in § 219.61(b) in the following ways, provided PIFSC is in compliance with all terms, conditions, and requirements of the regulations in this subpart and the appropriate LOA. (a) By Level B harassment associated with physical or visual disturbance of hauled out pinnipeds. (b) By Level B harassment associated with use of active acoustic systems. (c) By Level A harassment, serious injury, or mortality provided the take is associated with the use of longline gear, trawl gear, or deployed instruments and traps. | ||||
| 50:50:10.0.1.3.5.4.1.4 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.64 Prohibitions. | NOAA | Except for the takings described in §§ 219.61 and authorized by a LOA issued under 216.106 of this chapter and this subpart, it shall be unlawful for any person to do any of the following in connection with the activities described in § 219.61: (a) Violate, or fail to comply with, the terms, conditions, and requirements of this subpart or a LOA issued under § 216.106 of this chapter and this subpart; (b) Take any marine mammal species or stock not specified in such LOA; (c) Take any marine mammal in any manner other than as specified in the LOA; (d) Take a marine mammal specified in such LOA after NMFS determines such taking results in more than a negligible impact on the species or stocks of such marine mammal; or (e) Take a marine mammal specified in such LOA after NMFS determines such taking results in an unmitigable adverse impact on the species or stock of such marine mammal for taking for subsistence uses. | ||||
| 50:50:10.0.1.3.5.4.1.5 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.65 Mitigation requirements. | NOAA | When conducting the activities identified in § 219.61(a), the mitigation measures contained in any LOA issued under §§ 216.106 of this chapter and 219.67 must be implemented. These mitigation measures shall include but are not limited to: (a) General conditions. (1) PIFSC shall take all necessary measures to coordinate and communicate in advance of each specific survey with the National Oceanic and Atmospheric Administration's (NOAA) Office of Marine and Aviation Operations (OMAO) or other relevant parties on non-NOAA platforms to ensure that all mitigation measures and monitoring requirements described herein, as well as the specific manner of implementation and relevant event-contingent decision-making processes, are clearly understood and agreed upon. Although these regulations do not always explicitly reference those with decision making authority from cooperative platforms, all mitigation measures apply with equal force to non-NOAA vessels and personnel as they do to NOAA vessels and personnel. (2) PIFSC shall coordinate and conduct briefings at the outset of each survey and as necessary between the ship's crew (Commanding Officer or designee(s), as appropriate) and scientific party in order to explain responsibilities, communication procedures, marine mammal monitoring protocol, and operational procedures. (3) PIFSC shall coordinate as necessary on a daily basis during survey cruises with OMAO personnel or other relevant personnel on non-NOAA platforms to ensure that requirements, procedures, and decision-making processes are understood and properly implemented. (4) PIFSC shall conduct monitoring for marine mammals when deploying any type of sampling gear at sea and take action to prevent and minimize any take of marine mammals by deployed sampling gear. (5) PIFSC shall implement handling and/or disentanglement protocols as specified in the guidance that shall be provided to PIFSC survey personnel. (b) Vessel strike avoidance. (1) PIFSC must maintain a 100-meter (m) separation distance between res… | ||||
| 50:50:10.0.1.3.5.4.1.6 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.66 Requirements for monitoring and reporting. | NOAA | (a) Compliance coordination. PIFSC shall designate a compliance coordinator who shall be responsible for ensuring compliance with all requirements of any LOA issued pursuant to §§ 216.106 of this chapter and 219.67 and for preparing for any subsequent request(s) for incidental take authorization. (b) Visual monitoring program. PIFSC shall comply with the following monitoring requirements: (1) Marine mammal visual monitoring shall occur prior to deployment of trawl nets, longlines, bottomfishing gear, instruments, and traps, respectively; throughout deployment of gear and active fishing of research gears (not including longline soak time); prior to retrieval of longline gear; and throughout retrieval of all research gear. (2) Marine mammal watches shall be conducted by watch-standers (those navigating the vessel and/or other crew) at all times when the vessel is being operated. (c) Training. (1) PIFSC must conduct annual training for all chief scientists and other personnel who may be responsible for conducting dedicated marine mammal visual observations to explain mitigation measures and monitoring and reporting requirements, mitigation and monitoring protocols, marine mammal identification, completion of datasheets, and use of equipment. PIFSC may determine the agenda for these trainings. (2) PIFSC shall also dedicate a portion of training to discussion of best professional judgment, including use in any incidents of marine mammal interaction and instructive examples where use of best professional judgment was determined to be successful or unsuccessful. (3) PIFSC shall coordinate with NMFS' Office of Science and Technology to ensure training and guidance related to handling procedures and data collection is consistent with other fishery science centers, where appropriate. (d) Handling procedures and data collection. (1) PIFSC must develop and implement standardized marine mammal handling, disentanglement, and data collection procedures. These standard procedures will be subject to approval by NMF… | ||||
| 50:50:10.0.1.3.5.4.1.7 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.67 Letters of Authorization. | NOAA | (a) To incidentally take marine mammals pursuant to these regulations, PIFSC must apply for and obtain an LOA. (b) An LOA, unless suspended or revoked, may be effective for a period of time not to exceed the expiration date of these regulations. (c) If an LOA expires prior to the expiration date of these regulations, PIFSC may apply for and obtain a renewal of the LOA. (d) In the event of projected changes to the activity or to mitigation and monitoring measures required by an LOA, PIFSC must apply for and obtain a modification of the LOA as described in § 219.68. (e) The LOA shall set forth: (1) Permissible methods of incidental taking; (2) Means of effecting the least practicable adverse impact ( i.e., mitigation) on the species, its habitat, and on the availability of the species for subsistence uses; and (3) Requirements for monitoring and reporting. (f) Issuance of the LOA shall be based on a determination that the level of taking will be consistent with the findings made for the total taking allowable under these regulations. (g) Notice of issuance or denial of an LOA shall be published in the Federal Register within 30 days of a determination. | ||||
| 50:50:10.0.1.3.5.4.1.8 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | § 219.68 Renewals and modifications of Letters of Authorization. | NOAA | (a) An LOA issued under §§ 216.106 of this chapter and 219.67 for the activity identified in § 219.61(a) shall be renewed or modified upon request by the applicant, provided that: (1) The proposed specified activity and mitigation, monitoring, and reporting measures, as well as the anticipated impacts, are the same as those described and analyzed for these regulations (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section); and (2) OPR determines that the mitigation, monitoring, and reporting measures required by the previous LOA under these regulations were implemented. (b) For an LOA modification or renewal requests by the applicant that include changes to the activity or the mitigation, monitoring, or reporting (excluding changes made pursuant to the adaptive management provision in paragraph (c)(1) of this section) that do not change the findings made for the regulations or result in no more than a minor change in the total estimated number of takes (or distribution by species or years), OPR may publish a notice of proposed LOA in the Federal Register, including the associated analysis of the change, and solicit public comment before issuing the LOA. (c) An LOA issued under §§ 216.106 of this chapter and 219.67 for the activity identified in § 219.61(a) may be modified by OPR under the following circumstances: (1) OPR may utilize an adaptive management process to modify or augment the existing mitigation, monitoring, or reporting measures (after consulting with PIFSC regarding the practicability of the modifications) if doing so creates a reasonable likelihood of more effectively accomplishing the goals of the mitigation and monitoring set forth in these regulations. (i) Possible sources of data that could contribute to the decision to modify the mitigation, monitoring, or reporting measures in an LOA: (A) Results from PIFSC's monitoring reports from the previous year(s). (B) Results from other marine mammal and/or sound research or studies. (C) An… | ||||
| 50:50:10.0.1.3.5.4.1.9 | 50 | Wildlife and Fisheries | II | C | 219 | PART 219—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS | G | Subpart G—Taking Marine Mammals Incidental to Pacific Islands Fisheries Science Center Fisheries Research | §§ 219.69-219.70 [Reserved] | NOAA |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);