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DOC/NOAA | RIN: 0648-BL86 | Publication ID: Fall 2022 |
Title: ●Designation of Critical Habitat for Rice's Whale Under the Endangered Species Act | |
Abstract:
Gulf of Mexico Bryde’s whales (Balaenoptera edeni) were listed as endangered under the Endangered Species Act (ESA) by the National Marine Fisheries Service (NMFS) effective April 15, 2019 (84 FR 15446). The ESA requires that critical habitat be designated to the maximum extent prudent and determinable at the time a species is listed (16 U.S.C. 1533(a)(3)(i)). We concluded that critical habitat was not yet determinable for the Rice’s whale at the time of listing. However, we indicated that we anticipated critical habitat would be determinable in the future given on-going research. We, therefore, announced in the final listing rule that we would propose critical habitat in a separate rulemaking. On October 22, 2021, NMFS published a final rule that revised the listing of Gulf of Mexico Bryde’s whales to reflect the scientifically accepted taxonomy and nomenclature of the species (86 FR 47022). The revised common name for this species is Rice’s whale and the scientific name is Balaenoptera ricei. This rule proposes to designate critical habitat for the endangered Rice’s whale. One continuous marine area within the Gulf of Mexico from the Texas-Mexico border in the west to the Florida Keys in the east between the 100 m to 400 m isobaths has been identified as containing features essential to the conservation of the Rice’s whale and is under consideration for designation as critical habitat. This rule is consistent with existing critical habitat regulations in the application of the ESA and was developed in accordance with our long-standing practices. We have concluded that there will not be impacts on national security or on areas controlled by the Department of Defense as a result of the critical habitat designation given the water depth range being considered. Once critical habitat is designated, other federal agencies consult with NMFS to ensure actions they fund, authorize, or undertake are not likely to destroy or adversely modify the critical habitat. Impacts from the designation of the critical habitat would stem from the requirement for Federal agencies to consult with NMFS, under section 7 of the ESA, to ensure that any action they carry out, authorize, or fund will not result in the destruction or adverse modification of Rice’s whale critical habitat. Total present value impacts of a critical habitat designation are projected to be approximately $140,000 over the next ten years (discounted at 7 percent), or $22,000 on an annualized basis. These costs are anticipated to be limited to the additional administrative effort required for section 7 consultations to consider impacts to the critical habitat. Baseline protections exist in large areas proposed for designation, including measures taken to protect the species. Impacts to oil and gas activities (permitted by BOEM) are greatest (26% of total), followed by water quality management (EPA, USACE) and fishery management (NMFS) (19% each), military activities (DOD) (15%), scientific research and monitoring (NMFS) (11%), and space vehicle launch and reentry (FAA) (10%). USACE-permitted in-water construction activities are projected to account for only 1% of total impacts. |
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Agency: Department of Commerce(DOC) | Priority: Other Significant |
RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 50 CFR 226 | |
Legal Authority: 16 U.S.C. 1533 16 U.S.C. 1532 |
Legal Deadline:
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Kim Damon-Randall Director, Office of Protected Resources Department of Commerce National Oceanic and Atmospheric Administration 1315 East-West Highway, Silver Spring, MD 20910 Phone:301 427-8400 Email: kimberly.damon-randall@noaa.gov |