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B-334263 May 13, 2022 1 (2022-05-13)

handle is hein.gao/gaonbw0001 and id is 1 raw text is: U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-334263
May 13, 2022
The Honorable Maria Cantwell
Chairwoman
The Honorable Roger F. Wicker
Ranking Member
Committee on Commerce, Science, and Transportation
United States Senate
The Honorable RaGl M. Grijalva
Chairman
The Honorable Bruce Westerman
Ranking Member
Committee on Natural Resources
House of Representatives
Subject: Department of Commerce, National Oceanic and Atmospheric Administration: Taking
of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large
Whale Take Reduction Plan Regulations; Atlantic Coastal Fisheries Cooperative
Management Act Provisions; American Lobster Fishery
Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Commerce, National Oceanic and Atmospheric
Administration (NOAA) entitled Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan Regulations; Atlantic Coastal Fisheries
Cooperative Management Act Provisions; American Lobster Fishery (RIN: 0648-BJ09). We
received the rule on April 28, 2022. It was published in the Federal Register as a final rule on
September 17, 2021. 86 Fed. Reg. 51970. The effective date is October 18, 2021.
According to NOAA, the final rule amends the regulations implementing the Atlantic Large
Whale Take Reduction Plan to reduce the incidental mortality and serious injury to North
Atlantic right whales, fin whales, and humpback whales in northeast commercial lobster and
Jonah crab trap/pot fisheries to meet the goals of the Marine Mammal Protection Act, Pub. L.
No. 92-522, 86 Stat. 1072 (Oct. 21, 1972), and the Endangered Species Act, Pub. L. No.
93-205, 87 Stat. 844 (Dec. 28, 1973). NOAA stated the rule also makes a small revision to
federal regulations implemented under the Atlantic Sun Marine Fisheries Commission's
Interstate Fishery Management Plan for American Lobster to increase the maximum length of a
lobster trap trawl groundline. Finally, NOAA stated that this action is necessary to reduce the
risks to North Atlantic right whales and other large whales associated with the presence of
fishing gear in waters used by these animals.
The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). Here, the final rule was published in the Federal

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