[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2011 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

                              Title 50

                         Wildlife and Fisheries


                       ________________________

                          Parts 200 to 599

                         Revised as of October 1, 2011

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2011
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:
          Chapter II--National Marine Fisheries Service, 
          National Oceanic and Atmospheric Administration, 
          Department of Commerce                                     3
          Chapter III--International Fishing and Related 
          Activities                                               979
          Chapter IV--Joint Regulations (United States Fish 
          and Wildlife Service, Department of the Interior and 
          National Marine Fisheries Service, National Oceanic 
          and Atmospheric Administration, Department of 
          Commerce); Endangered Species Committee Regulations     1137
          Chapter V--Marine Mammal Commission                     1207
  Finding Aids:
      Table of CFR Titles and Chapters........................    1233
      Alphabetical List of Agencies Appearing in the CFR......    1253
      List of CFR Sections Affected...........................    1263

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                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 216.1 refers 
                       to title 50, part 216, 
                       section 1.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 2011), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
April 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning April 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed as 
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contacting the agency, you find the material is not available, please 
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or call 202-741-6010.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Authorities 
and Rules. A list of CFR titles, chapters, subchapters, and parts and an 
alphabetical list of agencies publishing in the CFR are also included in 
this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-741-6000 
or write to the Director, Office of the Federal Register, National 
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ELECTRONIC SERVICES

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register.

    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    October 1, 2011.







[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of eleven volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to end of 
17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h)), part 
17 (17.99(i) to end of part 17), parts 18-199, parts 200-599, parts 600-
659, and part 660 to end. The first eight volumes consist of parts 1-16, 
part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to end 
of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) to 17.99(h), part 
17 (17.99(i) to end of part 17), and parts 18-199 and contain the 
current regulations issued under chapter I--United States Fish and 
Wildlife Service, Department of the Interior. The ninth volume (parts 
200-599) contains the current regulations issued under chapter II--
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; chapter III--International 
Fishing and Related Activities, chapter IV--Joint Regulations (United 
States Fish and Wildlife Service, Department of the Interior and 
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce); Endangered Species Committee 
regulations; and chapter V--Marine Mammal Commission. The tenth and 
eleventh volumes (parts 600-659 and part 660 to end) contain the current 
regulations issued under chapter VI--Fishery Conservation and 
Management, National Oceanic and Atmospheric Administration, Department 
of Commerce. The contents of these volumes represent all current 
regulations codified under this title of the CFR as of October 1, 2011.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Jonn V. Lilyea was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains parts 200 to 599)

  --------------------------------------------------------------------
                                                                    Part

chapter ii--National Marine Fisheries Service, National 
  Oceanic and Atmospheric Administration, Department of 
  Commerce..................................................         216

chapter iii--International Fishing and Related Activities...         300

chapter iv--Joint Regulations (United States Fish and 
  Wildlife Service, Department of the Interior and National 
  Marine Fisheries Service, National Oceanic and Atmospheric 
  Administration, Department of Commerce); Endangered 
  Species Committee Regulations.............................         401

chapter v--Marine Mammal Commission.........................         501

[[Page 3]]



  CHAPTER II--NATIONAL MARINE FISHERIES SERVICE, NATIONAL OCEANIC AND 
           ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE




  --------------------------------------------------------------------

               SUBCHAPTER A--GENERAL PROVISIONS [RESERVED]
       SUBCHAPTER B--NORTH PACIFIC COMMERCIAL FISHERIES [RESERVED]
       
                      SUBCHAPTER C--MARINE MAMMALS
Part                                                                Page
216             Regulations governing the taking and 
                    importing of marine mammals.............           5
217             Regulations governing the take of marine 
                    mammals incidental to specified 
                    activities..............................         137
218             Regulations governing the taking and 
                    importing of marine mammals.............         153
219-220         [Reserved]

221             Prescriptions in FERC hydropower licenses...         251
222             General endangered and threatened marine 
                    species.................................         271
223             Threatened marine and anadromous species....         295
224             Endangered marine and anadromous species....         383
225             [Reserved]

226             Designated critical habitat.................         393
228             Notice and hearing on section 103(d) 
                    regulations.............................         839
229             Authorization for commercial fisheries under 
                    the Marine Mammal Protection Act of 1972         845
                          SUBCHAPTER D--WHALING
230             Whaling provisions..........................         898
SUBCHAPTER E--TRANSPORTATION AND LABELING OF FISH OR WILDLIFE [RESERVED]
                     SUBCHAPTER F--AID TO FISHERIES
253             Fisheries assistance programs...............         901

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259             Capital construction fund...................         916
 SUBCHAPTER G--PROCESSED FISHERY PRODUCTS, PROCESSED PRODUCTS THEREOF, 
                AND CERTAIN OTHER PROCESSED FOOD PRODUCTS
260             Inspection and certification................         928
261             United States standards for grades..........         958
                SUBCHAPTER H--FISH AND SEAFOOD PROMOTION
270             Species-specific Seafood Marketing Councils.         960
                       SUBCHAPTERS I-J [RESERVED]
                     SUBCHAPTER K--CONTINENTAL SHELF
296             Fishermen's Contingency Fund................         972

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               SUBCHAPTER A_GENERAL PROVISIONS [RESERVED]





       SUBCHAPTER B_NORTH PACIFIC COMMERCIAL FISHERIES [RESERVED]





                       SUBCHAPTER C_MARINE MAMMALS





PART 216_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS--Table of Contents



                         Subpart A_Introduction

Sec.
216.1 Purpose of regulations.
216.2 Scope of regulations.
216.3 Definitions.
216.4 Other laws and regulations.
216.5 Payment of penalty.
216.6 Forfeiture and return of seized property.
216.7 Holding and bonding.
216.8 Enforcement officers.

                         Subpart B_Prohibitions

216.11 Prohibited taking.
216.12 Prohibited importation.
216.13 Prohibited uses, possession, transportation, sales, and permits.
216.14 Marine mammals taken before the MMPA.
216.15 Depleted species.
216.16 Prohibitions under the General Authorization for Level B 
          harassment for scientific research.
216.17 General prohibitions.

                      Subpart C_General Exceptions

216.21 Actions permitted by international treaty, convention, or 
          agreement.
216.22 Taking by State or local government officials.
216.23 Native exceptions.
216.24 Taking and related acts incidental to commercial fishing 
          operations by tuna purse seine vessels in the eastern tropical 
          Pacific Ocean.
216.25 Exempted marine mammals and marine mammal products.
216.26 Collection of certain marine mammal parts without prior 
          authorization.
216.27 Release, non-releasability, and disposition under special 
          exception permits for rehabilitated marine mammals.

                      Subpart D_Special Exceptions

216.30 [Reserved]
216.31 Definitions.
216.32 Scope.
216.33 Permit application submission, review, and decision procedures.
216.34 Issuance criteria.
216.35 Permit restrictions.
216.36 Permit conditions.
216.37 Marine mammal parts.
216.38 Reporting.
216.39 Permit amendments.
216.40 Penalties and permit sanctions.
216.41 Permits for scientific research and enhancement.
216.42 Photography. [Reserved]
216.43 Public display. [Reserved]
216.44 Applicability/transition.
216.45 General Authorization for Level B harassment for scientific 
          research.
216.46 U.S. citizens on foreign flag vessels operating under the 
          International Dolphin Conservation Program.
216.47 Access to marine mammal tissue, analyses, and data.
216.48-216.49 [Reserved]

                       Subpart E_Designated Ports

216.50 Importation at designated ports.

       Subpart F_Pribilof Islands, Taking for Subsistence Purposes

216.71 Allowable take of fur seals.
216.72 Restrictions on taking.
216.73 Disposition of fur seal parts.
216.74 Cooperation with Federal officials.

                Subpart G_Pribilof Islands Administration

216.81 Visits to fur seal rookeries.
216.82 Dogs prohibited.
216.83 Importation of birds or mammals.
216.84 [Reserved]
216.85 Walrus and Otter Islands.
216.86 Local regulations.
216.87 Wildlife research.

                  Subpart H_Dolphin Safe Tuna Labeling

216.90 Purposes.
216.91 Dolphin-safe labeling standards.
216.92 Dolphin-safe requirements for tuna harvested in the ETP by large 
          purse seine vessels.
216.93 Tracking and verification program.
216.94 False statements or endorsements.
216.95 Official mark for ``Dolphin-safe'' tuna products.

 Subpart I_General Regulations Governing Small Takes of Marine Mammals 
                   Incidental to Specified Activities

216.101 Purpose.

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216.102 Scope.
216.103 Definitions.
216.104 Submission of requests.
216.105 Specific regulations.
216.106 Letter of Authorization.
216.107 Incidental harassment authorization for Arctic waters.
216.108 Requirements for monitoring and reporting under incidental 
          harassment authorizations for Arctic waters.

Subpart J [Reserved]

Subpart K_Taking Of Marine Mammals Incidental To Space Vehicle And Test 
                            Flight Activities

216.120 Specified activity and specified geographical region.
216.121 Effective dates.
216.122 Permissible methods of taking.
216.123 Prohibitions.
216.124 Mitigation.
216.125 Requirements for monitoring and reporting.
216.126 Applications for Letters of Authorization.
216.127 Letters of Authorization.
216.128 Renewal of Letters of Authorization.
216.129 Modifications of Letters of Authorization.

Subparts L-M [Reserved]

    Subpart N_Taking Of Marine Mammals Incidental To Missile Launch 
                 Activities from San Nicolas Island, CA

216.150 Specified activity and specified geographical region.
216.151 Effective dates.
216.152 Permissible methods of taking.
216.153 Prohibitions.
216.154 Mitigation.
216.155 Requirements for monitoring and reporting.
216.156 Applications for Letters of Authorization.
216.157 Letters of Authorization.
216.158 Renewal of Letters of Authorization.
216.159 Modifications of Letters of Authorization.

 Subpart O_Taking of Marine Mammals Incidental to Shock Testing the USS 
  MESA VERDE (LPD 19) by Detonation of Conventional Explosives in the 
               Offshore Waters of the U.S. Atlantic Coast

216.161 Specified activity and incidental take levels by species.
216.162 Effective dates.
216.163 Mitigation.
216.164 Prohibitions.
216.165 Requirements for monitoring and reporting.
216.166 Modifications to the Letter of Authorization.

Subpart P_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                       Hawaii Range Complex (HRC)

216.170 Specified activity and specified geographical region.
216.171 Effective dates and definitions.
216.172 Permissible methods of taking.
216.173 Prohibitions.
216.174 Mitigation.
216.175 Requirements for monitoring and reporting.
216.176 Applications for Letters of Authorization.
216.177 Letters of Authorization.
216.178 Renewal of Letters of Authorization.
216.179 Modifications to Letters of Authorization.

  Subpart Q_Taking of Marine Mammals Incidental to Navy Operations of 
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA 
                              sonar) Sonar

216.180 Specified activity.
216.181 Effective dates.
216.182 Permissible methods of taking.
216.183 Prohibitions.
216.184 Mitigation.
216.185 Requirements for monitoring.
216.186 Requirements for reporting.
216.187 Applications for Letters of Authorization.
216.188 Letters of Authorization.
216.189 Renewal of Letters of Authorization.
216.190 Modifications to Letters of Authorization.
216.191 Designation of Offshore Biologically Important Marine Mammal 
          Areas.

Subpart R [Reserved]

  Subpart S_Taking of Marine Mammals Incidental to Explosive Severance 
Activities Conducted During Offshore Structure Removal Operations on the 
           Outer Continental Shelf in the U.S. Gulf of Mexico

216.211 Specified activity and specified geographical region.
216.212 Effective dates.
216.213 Permissible methods of taking.
216.214 Prohibitions.
216.215 Definitions, terms, and criteria.
216.216 Mitigation.
216.217 Requirements for monitoring and reporting.
216.218 Letters of Authorization.
216.219 Renewal and modifications of Letters of Authorization.

[[Page 7]]

Subparts U-T [Reserved]

  Subpart V_Taking and Importing Marine Mammals; U.S. Navy's Atlantic 
                   Fleet Active Sonar Training (AFAST)

216.240 Specified activity and specified geographical region.
216.241 Effective dates and definitions.
216.242 Permissible methods of taking.
216.243 Prohibitions.
216.244 Mitigation.
216.245 Requirements for monitoring and reporting.
216.246 Applications for Letters of Authorization.
216.247 Letters of Authorization.
216.248 Renewal of Letters of Authorization and Adaptive Management.
216.249 Modifications to Letters of Authorization.

   Subpart W_Taking Marine Mammals Incidental to Conducting Precision 
              Strike Weapon Missions in the Gulf of Mexico

216.250 Specified activity and specified geographical region.
216.251 Effective dates.
216.252 Permissible methods of taking.
216.253 Prohibitions.
216.254 Mitigation.
216.255 Requirements for monitoring and reporting.
216.256 Applications for Letters of Authorization.
216.257 Letters of Authorization.
216.258 Renewal of Letters of Authorization.
216.259 Modifications to Letters of Authorization.

Subpart X_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                    Southern California Range Complex

216.270 Specified activity and specified geographical region.
216.271 Effective dates and definitions.
216.272 Permissible methods of taking.
216.273 Prohibitions.
216.274 Mitigation.
216.275 Requirements for monitoring and reporting.
216.276 Applications for Letters of Authorization.
216.277 Letters of Authorization.
216.278 Renewal of Letters of Authorization.
216.279 Modifications to Letters of Authorization.

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

    Source: 39 FR 1852, Jan. 15, 1974, unless otherwise noted.
    Note to part 216: See also 50 CFR parts 228 and 229 for regulations 
governing certain incidental takings of marine mammals.



                         Subpart A_Introduction



Sec. 216.1  Purpose of regulations.

    The regulations in this part implement the Marine Mammal Protection 
Act of 1972, 86 Stat. 1027, 16 U.S.C. 1361-1407, Pub. L. 92-522, which, 
among other things, restricts the taking, possession, transportation, 
selling, offering for sale, and importing of marine mammals.



Sec. 216.2  Scope of regulations.

    This part 216 applies solely to marine mammals and marine mammal 
products as defined in Sec. 216.3. For regulations under the MMPA, with 
respect to other marine mammals and marine mammal products, see 50 CFR 
part 18.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994]



Sec. 216.3  Definitions.

    In addition to definitions contained in the MMPA, and unless the 
context otherwise requires, in this part 216:
    Acts means, collectively, the Marine Mammal Protection Act of 1972, 
as amended, 16 U.S.C. 1361 et seq., the Endangered Species Act of 1973, 
as amended, 16 U.S.C. 1531 et seq., and the Fur Seal Act of 1966, as 
amended, 16 U.S.C. 1151 et seq.
    Active sportfishing means paying passengers have their terminal 
fishing gear (lures, hooks, etc.) in the water in an attempt to catch 
fish or, in the case of fishing involving chumming, fishing is 
considered to be in progress from the instant fish have been sighted 
taking bait (boiling) during that chumming process.
    Administrator, Southwest Region means the Regional Administrator, 
Southwest Region, National Marine Fisheries Service, 501 W. Ocean Blvd., 
Suite 4200, Long Beach, CA 90802-4213, or his or her designee.
    Agreement on the International Dolphin Conservation Program 
(Agreement on the IDCP) means the Agreement establishing the formal 
binding IDCP that was signed in Washington, DC on May 21, 1998.
    Alaskan Native means a person defined in the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602(b)) (85 Stat. 588) as a citizen of the 
United States

[[Page 8]]

who is of one-fourth degree or more Alaska Indian (including Tsimishian 
Indians enrolled or not enrolled in the Metlaktla Indian Community), 
Eskimo, or Aleut blood or combination thereof. The term includes any 
Native, as so defined, either or both of whose adoptive parents are not 
Natives. It also includes, in the absence of proof of a minimum blood 
quantum, any citizen of the United States who is regarded as an Alaska 
Native by the Native village or group, of which he claims to be a member 
and whose father or mother is (or, if deceased, was) regarded as Native 
by any Native village or Native group. Any such citizen enrolled by the 
Secretary of the Interior pursuant to section 5 of the Alaska Native 
Claims Settlement Act shall be conclusively presumed to be an Alaskan 
Native for purposes of this part.
    Albacore tuna means the species Thunnus alalunga.
    Article of handicraft means items made by an Indian, Aleut or Eskimo 
from the nonedible byproducts of fur seals taken for personal or family 
consumption which--
    (1) Were commonly produced by Alaskan Natives on or before October 
14, 1983;
    (2) Are composed wholly or in some significant respect of natural 
materials, and;
    (3) Are significantly altered from their natural form and which are 
produced, decorated, or fashioned in the exercise of traditional native 
handicrafts without the use of pantographs, multiple carvers, or similar 
mass copying devices. Improved methods of production utilizing modern 
implements such as sewing machines or modern tanning techniques at a 
tannery registered pursuant to Sec. 216.23(c) may be used so long as no 
large scale mass production industry results. Traditional native 
handicrafts include, but are not limited to, weaving, carving, 
stitching, sewing, lacing, beading, drawing, and painting. The formation 
of traditional native groups, such as a cooperative, is permitted so 
long as no large scale mass production results.
    Assistant Administrator means the Assistant Administrator for 
Fisheries, National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Silver Spring, MD 20910, or his/her 
designee.
    Authentic native articles of handicrafts and clothing means items 
made by an Indian, Aleut or Eskimo which (a) were commonly produced on 
or before December 21, 1972, and (b) are composed wholly or in some 
significant respect of natural materials, and (c) are significantly 
altered from their natural form and which are produced, decorated, or 
fashioned in the exercise of traditional native handicrafts without the 
use of pantographs, multiple carvers, or similar mass copying devices. 
Improved methods of production utilizing modern implements such as 
sewing machines or modern tanning techniques at a tannery registered 
pursuant to Sec. 216.23(c) may be used so long as no large scale mass 
production industry results. Traditional native handicrafts include, but 
are not limited to, weaving, carving, stitching, sewing, lacing, 
beading, drawing, and painting. The formation of traditional native 
groups, such as a cooperative, is permitted so long as no large scale 
mass production results.
    Bigeye tuna means the species Thunnus obesus.
    Bluefin tuna means the species Thunnus thynnus or Thunnus 
orientalis.
    Bona fide scientific research: (1) Means scientific research on 
marine mammals conducted by qualified personnel, the results of which:
    (i) Likely would be accepted for publication in a refereed 
scientific journal;
    (ii) Are likely to contribute to the basic knowledge of marine 
mammal biology or ecology. (Note: This includes, for example, marine 
mammal parts in a properly curated, professionally accredited scientific 
collection); or
    (iii) Are likely to identify, evaluate, or resolve conservation 
problems.
    (2) Research that is not on marine mammals, but that may 
incidentally take marine mammals, is not included in this definition 
(see sections 101(a)(3)(A), 101(a)(5)(A), and 101(a)(5)(D) of the MMPA, 
and sections 7(b)(4) and 10(a)(1)(B) of the ESA).
    Carrying capacity means the Regional Director's determination of the 
maximum amount of fish that a vessel can carry in short tons based on 
the greater of the amount indicated by the

[[Page 9]]

builder of the vessel, a marine surveyor's report, or the highest amount 
reported landed from any one trip.
    Certified charter vessel means a fishing vessel of a non-U.S. flag 
nation, which is operating under the jurisdiction of the marine mammal 
laws and regulations of another, harvesting, nation by a formal 
declaration entered into by mutual agreement of the nations.
    Co-investigator means the on-site representative of a principal 
investigator.
    Commercial fishing operation means the lawful harvesting of fish 
from the marine environment for profit as part of an ongoing business 
enterprise. Such terms may include licensed commercial passenger fishing 
vessel (as defined) activities, but no other sportfishing activities, 
whether or not the fish so caught are subsequently sold.
    Commercial passenger fishing vessel means any vessel licensed for 
commercial passenger fishing purposes within the State out of which it 
is operating and from which, while under charter or hire, persons are 
legally permitted to conduct sportfishing activities.
    Custody means holding a live marine mammal pursuant to the 
conditional authority granted under the MMPA, and the responsibility 
therein for captive maintenance of the marine mammal.
    Declaration of Panama means the declaration signed in Panama City, 
Republic of Panama, on October 4, 1995.
    Director, Office of Protected Resources means Director, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910.
    Dolphin Mortality Limit (DML) means the maximum allowable number of 
incidental dolphin mortalities per calendar year assigned to a vessel, 
unless a shorter time period is specified.
    Endangered Species means a species or subspecies of marine mammal 
listed as ``endangered'' pursuant to the Endangered Species Act of 1973, 
87 Stat. 884, Pub. L. 93-205 (see part 17 of this title).
    ESA means the Endangered Species Act of 1973, as amended, 16 U.S.C. 
1531 et seq.
    ETP means the eastern tropical Pacific Ocean which includes the 
Pacific Ocean area bounded by 40[deg] N. latitude, 40[deg] S. latitude, 
160[deg] W. longitude and the coastlines of North, Central and South 
America.
    Facility means, in the context specific to captive marine mammals,: 
(1) One or more permanent primary enclosures used to hold marine mammals 
captive (i.e., pools, lagoons) and associated infrastructure (i.e., 
equipment and supplies necessary for the care and maintenance of marine 
mammals) where these enclosures are either located within the boundaries 
of a single contiguous parcel of land and water, or are grouped together 
within the same general area within which enclosure-to-enclosure 
transport is expected to be completed in less than one hour; or
    (2) A traveling display/exhibit, where the enclosure(s) and 
associated infrastructure is transported together with the marine 
mammals.
    Feeding is offering, giving, or attempting to give food or non-food 
items to marine mammals in the wild. It includes operating a vessel or 
providing other platforms from which feeding is conducted or supported. 
It does not include the routine discard of bycatch during fishing 
operations or the routine discharge of waste or fish byproducts from 
fish processing plants or other platforms if the discharge is otherwise 
legal and is incidental to operation of the activity.
    First exporter means the person or company that first exports the 
fish or fish product, or, in the case of shipments that are subject to 
the labeling requirements of 50 CFR part 247 and that only contain fish 
harvested by vessels of the United States, the first seller of the fish 
or fish product.
    Fisheries Certificate of Origin, or FCO, means NOAA Form 370, as 
described in Sec. 216.24(f)(4).
    Force majeure means forces outside the vessel operator's or vessel 
owner's control that could not be avoided by the exercise of due care.
    FSA means the Fur Seal Act of 1966, as amended, 16 U.S.C. 1151 et 
seq.
    Fur seal means North Pacific fur seal, scientifically known as 
Callorhinus ursinus.
    Hard part means any bone, tooth, baleen, treated pelt, or other part 
of a marine mammal that is relatively solid or durable.

[[Page 10]]

    Harvesting nation means the country under whose flag one or more 
fishing vessels are documented, or which has by formal declaration 
agreed to assert jurisdiction over one or more certified charter 
vessels, from which vessel(s) fish are caught that are a part of any 
cargo or shipment of fish to be imported into the United States, 
regardless of any intervening transshipments.
    Humane means the method of taking, import, export, or other activity 
which involves the least possible degree of pain and suffering 
practicable to the animal involved.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into, any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the Customs 
laws of the United States; except that, for the purpose of any ban 
issued under 16 U.S.C. 1371(a)(2) on the importation of fish or fish 
products, the definition of ``import'' in Sec. 216.24(f)(1)(ii) shall 
apply.
    Incidental catch means the taking of a marine mammal (1) because it 
is directly interfering with commercial fishing operations, or (2) as a 
consequence of the steps used to secure the fish in connection with 
commercial fishing operations: Provided, That a marine mammal so taken 
must immediately be returned to the sea with a minimum of injury and 
further, that the taking of a marine mammal, which otherwise meets the 
requirements of this definition shall not be considered an incidental 
catch of that mammal if it is used subsequently to assist in commercial 
fishing operations.
    Intentional purse seine set means that a tuna purse seine vessel or 
associated vessels chase marine mammals and subsequently make a purse 
seine set.
    International Dolphin Conservation Program (IDCP) means the 
international program established by the agreement signed in La Jolla, 
California, in June 1992, as formalized, modified, and enhanced in 
accordance with the Declaration of Panama and the Agreement on the IDCP.
    International Dolphin Conservation Program Act (IDCPA) means Public 
Law 105-42, enacted into law on August 15, 1997.
    International Review Panel (IRP) means the International Review 
Panel established by the Agreement on the IDCP.
    Intrusive research means a procedure conducted for bona fide 
scientific research involving: A break in or cutting of the skin or 
equivalent, insertion of an instrument or material into an orifice, 
introduction of a substance or object into the animal's immediate 
environment that is likely either to be ingested or to contact and 
directly affect animal tissues (i.e., chemical substances), or a 
stimulus directed at animals that may involve a risk to health or 
welfare or that may have an impact on normal function or behavior (i.e., 
audio broadcasts directed at animals that may affect behavior). For 
captive animals, this definition does not include:
    (1) A procedure conducted by the professional staff of the holding 
facility or an attending veterinarian for purposes of animal husbandry, 
care, maintenance, or treatment, or a routine medical procedure that, in 
the reasonable judgment of the attending veterinarian, would not 
constitute a risk to the health or welfare of the captive animal; or
    (2) A procedure involving either the introduction of a substance or 
object (i.e., as described in this definition) or a stimulus directed at 
animals that, in the reasonable judgment of the attending veterinarian, 
would not involve a risk to the health or welfare of the captive animal.
    Label means a display of written, printed, or graphic matter on or 
affixed to the immediate container of any article.
    Land or landing means to begin offloading any fish, to arrive in 
port with the intention of offloading fish, or to cause any fish to be 
offloaded.
    Large-scale driftnet means a gillnet that is composed of a panel or 
panels of webbing, or a series of such gillnets, with a total length of 
2.5 kilometers or more that is used on the high seas and allowed to 
drift with the currents and winds for the purpose of harvesting fish by 
entangling the fish in the webbing of the net.

[[Page 11]]

    Level A Harassment means any act of pursuit, torment, or annoyance 
which has the potential to injure a marine mammal or marine mammal stock 
in the wild.
    Level B Harassment means any act of pursuit, torment, or annoyance 
which has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering but which does not have the potential to injure a 
marine mammal or marine mammal stock in the wild.
    Longtail tuna means the species Thunnus tonngol.
    Marine environment means the oceans and the seas, including 
estuarine and brackish waters.
    Marine mammal means those specimens of the following orders, which 
are morphologically adapted to the marine environment, and whether alive 
or dead, and any part thereof, including but not limited to, any raw, 
dressed or dyed fur or skin: Cetacea (whales, dolphins, and porpoises) 
and Pinnipedia, other than walrus (seals and sea lions).
    MMPA means the Marine Mammal Protection Act of 1972, as amended, 16 
U.S.C. 1361 et seq.
    Native village or town means any community, association, tribe, 
band, clan or group.
    Optimum sustainable population is a population size which falls 
within a range from the population level of a given species or stock 
which is the largest supportable within the ecosystem to the population 
level that results in maximum net productivity. Maximum net productivity 
is the greatest net annual increment in population numbers or biomass 
resulting from additions to the population due to reproduction and/or 
growth less losses due to natural mortality.
    Per-stock per-year dolphin mortality limit means the maximum 
allowable number of incidental dolphin mortalities and serious injuries 
from a specified stock per calendar year, as established under the IDCP.
    Pregnant means pregnant near term.
    Pribilovians means Indians, Aleuts, and Eskimos who live on the 
Pribilof Islands.
    Principal investigator means the individual primarily responsible 
for the taking, importation, export, and any related activities 
conducted under a permit issued for scientific research or enhancement 
purposes.
    Public display means an activity that provides opportunities for the 
public to view living marine mammals at a facility holding marine 
mammals captive.
    Regional Director means the Regional Administrator, Northeast 
Regional Office, NMFS, One Blackburn Drive, Gloucester, MA 01930; or 
Regional Administrator, Northwest Regional Office, NMFS, 7600 Sandpoint 
Way, N.E., Building 1, Seattle, WA 98115; or Regional Administrator, 
Southeast Regional Office, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702; or Regional Administrator, Southwest Regional 
Office, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 
90802; or Regional Administrator, Pacific Islands Regional Office, NMFS, 
1601 Kapiolani Boulevard, Suite 1110, Honolulu, HI 96814; or Regional 
Administrator, Alaska Regional Office, NMFS, PO Box 21668, Juneau, AK 
99802.
    Rehabilitation means treatment of beached and stranded marine 
mammals taken under section 109(h)(1) of the MMPA or imported under 
section 109(h)(2) of the MMPA, with the intent of restoring the marine 
mammal's health and, if necessary, behavioral patterns.
    Secretary shall mean the Secretary of Commerce or his authorized 
representative.
    Serious injury means any injury that will likely result in 
mortality.
    Sexual harassment means any unwelcome sexual advance, request for 
sexual favors, or other verbal and physical conduct of a sexual nature 
which has the purpose or effect of substantially interfering with an 
individual's work performance or creating an intimidating, hostile, or 
offensive working environment.
    Skipjack tuna means the species Euthynnus (Katsuwonus) pelamis.
    Soft part means any marine mammal part that is not a hard part. Soft 
parts do not include urine or fecal material.
    South Pacific Ocean means any waters of the Pacific Ocean that lie 
south of the equator.

[[Page 12]]

    South Pacific Tuna Treaty means the Treaty on Fisheries Between the 
Governments of Certain Pacific Island States and the Government of the 
United States of America (50 CFR part 300, subpart D).
    Southern bluefin tuna means the species Thunnus maccoyii.
    Stranded or stranded marine mammal means a marine mammal specimen 
under the jurisdiction of the Secretary:
    (1) If the specimen is dead, and is on a beach or shore, or is in 
the water within the Exclusive Economic Zone of the United States; or
    (2) If the specimen is alive, and is on a beach or shore and is 
unable to return to the water, or is in the water within the Exclusive 
Economic Zone of the United States where the water is so shallow that 
the specimen is unable to return to its natural habitat under its own 
power.
    Subsistence means the use of marine mammals taken by Alaskan Natives 
for food, clothing, shelter, heating, transportation, and other uses 
necessary to maintain the life of the taker or those who depend upon the 
taker to provide them with such subsistence.
    Subsistence uses means the customary and traditional uses of fur 
seals taken by Pribilovians for direct personal or family consumption as 
food, shelter, fuel, clothing, tools or transportation; for the making 
and selling of handicraft articles out of nonedible byproducts of fur 
seals taken for personal or family consumption; and for barter, or 
sharing for personal or family consumption. As used in this definition--
    (1) Family means all persons related by blood, marriage, or 
adoption, or any person living within a household on a permanent basis.
    (2) Barter means the exchange of fur seals or their parts, taken for 
subsistence uses--
    (i) For other wildlife or fish or their parts, or
    (ii) For other food or for nonedible items other than money if the 
exchange is of a limited and noncommercial nature.
    Take means to harass, hunt, capture, collect, or kill, or attempt to 
harass, hunt, capture, collect, or kill any marine mammal. This 
includes, without limitation, any of the following: The collection of 
dead animals, or parts thereof; the restraint or detention of a marine 
mammal, no matter how temporary; tagging a marine mammal; the negligent 
or intentional operation of an aircraft or vessel, or the doing of any 
other negligent or intentional act which results in disturbing or 
molesting a marine mammal; and feeding or attempting to feed a marine 
mammal in the wild.
    Threatened species means a species of marine mammal listed as 
``threatened'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205.
    Trip means a voyage starting when a vessel leaves port with all fish 
wells empty of fish and ending when a vessel unloads all of its fish.
    Tuna means any fish of the genus Thunnus and the species Euthynnus 
(Katsuwonus) pelamis.
    Tuna product means any food product processed for retail sale and 
intended for human or animal consumption that contains an item listed in 
Sec. 216.24(f)(2)(i) or (ii), but does not include perishable items 
with a shelf life of less than 3 days.
    Wasteful manner means any taking or method of taking which is likely 
to result in the killing of marine mammals beyond those needed for 
subsistence, subsistence uses, or for the making of authentic native 
articles of handicrafts and clothing, or which results in the waste of a 
substantial portion of the marine mammal and includes, without 
limitation, the employment of a method of taking which is not likely to 
assure the capture or killing of a marine mammal, or which is not 
immediately followed by a reasonable effort to retrieve the marine 
mammal.
    Yellowfin tuna means the species Thunnus albacares (synonomy: 
Neothunnus macropterus).

[39 FR 1852, Jan. 15, 1974]

    Editorial Note: For Federal Register citations affecting Sec. 
216.3, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 216.4  Other laws and regulations.

    (a) Federal. Nothing in this part, nor any permit issued under 
authority of this part, shall be construed to relieve a person from any 
other requirements

[[Page 13]]

imposed by a statute or regulation of the United States, including any 
applicable statutes or regulations relating to wildlife and fisheries, 
health, quarantine, agriculture, or customs.
    (b) State laws or regulations. See part 403 of this chapter.

[39 FR 1852, Jan. 15, 1974, as amended at 41 FR 36662, Aug. 31, 1976; 58 
FR 65134, Dec. 13, 1993]



Sec. 216.5  Payment of penalty.

    The respondent shall have 30 days from receipt of the final 
assessment decision within which to pay the penalty assessed. Upon a 
failure to pay the penalty, the Secretary may request the Attorney 
General to institute a civil action in the appropriate United States 
District Court to collect the penalty.

[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981]



Sec. 216.6  Forfeiture and return of seized property.

    (a) Whenever any cargo or marine mammal or marine mammal product has 
been seized pursuant to section 107 of the MMPA, the Secretary shall 
expedite any proceedings commenced under these regulations.
    (b) Whenever a civil penalty has been assessed by the Secretary 
under these regulations, any cargo, marine mammal, or marine mammal 
product seized pursuant to section 107 of the MMPA shall be subject to 
forfeiture. If respondent voluntarily forfeits any such seized property 
or the monetary value thereof without court proceedings, the Secretary 
may apply the value thereof, if any, as determined by the Secretary, 
toward payment of the civil penalty.
    (c) Whenever a civil penalty has been assessed under these 
regulations, and whether or not such penalty has been paid, the 
Secretary may request the Attorney General to institute a civil action 
in an appropriate United States District Court to compel forfeiture of 
such seized property or the monetary value thereof to the Secretary for 
disposition by him in such manner as he deems appropriate. If no 
judicial action to compel forfeiture is commenced within 30 days after 
final decision-making assessment of a civil penalty, pursuant to Sec. 
216.60, such seized property shall immediately be returned to the 
respondent.
    (d) If the final decision of the Secretary under these regulations 
is that respondent has committed no violation of the MMPA or of any 
permit or regulations issued thereunder, any marine mammal, marine 
mammal product, or other cargo seized from respondent in connection with 
the proceedings under these regulations, or the bond or other monetary 
value substituted therefor, shall immediately be returned to the 
respondent.
    (e) If the Attorney General commences criminal proceedings pursuant 
to section 105(b) of the MMPA, and such proceedings result in a finding 
that the person accused is not guilty of a criminal violation of the 
MMPA, the Secretary may institute proceedings for the assessment of a 
civil penalty under this part: Provided, That if no such civil penalty 
proceedings have been commenced by the Secretary within 30 days 
following the final disposition of the criminal case, any property 
seized pursuant to section 107 of the MMPA shall be returned to the 
respondent.
    (f) If any seized property is to be returned to the respondent, the 
Regional Director shall issue a letter authorizing such return. This 
letter shall be dispatched to the respondent by registered mail, return 
receipt requested, and shall identify the respondent, the seized 
property, and, if appropriate, the bailee of the seized property. It 
shall also provide that upon presentation of the letter and proper 
identification, the seized property is authorized to be released. All 
charges for storage, care, or handling of the seized property accruing 5 
days or more after the date of the return receipt shall be for the 
account of the respondent: Provided, That if it is the final decision of 
the Secretary under these regulations that the respondent has committed 
the alleged violation, all charges which have accrued for the storage, 
care, or handling of the seized property shall be for the account of the 
respondent.

[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, 
and amended at 59 FR 50375, Oct. 3, 1994]

[[Page 14]]



Sec. 216.7  Holding and bonding.

    (a) Any marine mammal, marine mammal product, or other cargo seized 
pursuant to section 107 of the MMPA shall be delivered to the 
appropriate Regional Director of the National Marine Fisheries Service 
(see Sec. 201.2 of this title) or his designee, who shall either hold 
such seized property or arrange for the proper handling and care of such 
seized property.
    (b) Any arrangement for the handling and care of seized property 
shall be in writing and shall state the compensation to be paid. Subpart 
F of 15 CFR part 904 contains additional procedures that govern seized 
property that is subject to forfeiture or has been forfeited under the 
MMPA.

[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, 
and amended at 50 FR 12785, Apr. 1, 1985; 59 FR 50375, Oct. 3, 1994]



Sec. 216.8  Enforcement officers.

    Enforcement Agents of the National Marine Fisheries Service shall 
enforce the provisions of the MMPA and may take any actions authorized 
by the MMPA with respect to enforcement. In addition, the Secretary may 
utilize, by agreement, the personnel, services, and facilities of any 
other Federal Agency for the purposes of enforcing this MMPA. Pursuant 
to the terms of section 107(b) of the MMPA, the Secretary may also 
designate officers and employees of any State or of any possession of 
the United States to enforce the provisions of this MMPA.

[39 FR 1852, Jan. 15, 1974. Redesignated at 46 FR 61652, Dec. 18, 1981, 
and amended at 59 FR 50375, Oct. 3, 1994]



                         Subpart B_Prohibitions



Sec. 216.11  Prohibited taking.

    Except as otherwise provided in subparts C, D, and I of this part 
216 or in part 228 or 229, it is unlawful for:
    (a) Any person, vessel, or conveyance subject to the jurisdiction of 
the United States to take any marine mammal on the high seas, or
    (b) Any person, vessel, or conveyance to take any marine mammal in 
waters or on lands under the jurisdiction of the United States, or
    (c) Any person subject to the jurisdiction of the United States to 
take any marine mammal during the moratorium.

[39 FR 1852, Jan. 15, 1974, as amended at 47 FR 21254, May 18, 1982; 54 
FR 21921, May 19, 1989]



Sec. 216.12  Prohibited importation.

    (a) Except as otherwise provided in subparts C and D of this part 
216, it is unlawful for any person to import any marine mammal or marine 
mammal product into the United States.
    (b) Regardless of whether an importation is otherwise authorized 
pursuant to subparts C and D of this part 216, it is unlawful for any 
person to import into the United States any:
    (1) Marine mammal:
    (i) Taken in violation of the MMPA, or
    (ii) Taken in another country in violation to the laws of that 
country;
    (2) Any marine mammal product if
    (i) The importation into the United States of the marine mammal from 
which such product is made would be unlawful under paragraph (b)(1) of 
this section, or
    (ii) The sale in commerce of such product in the country of origin 
if the product is illegal.
    (c) Except in accordance with an exception referred to in subpart C 
and Sec. Sec. 216.31 (regarding scientific research permits only) and 
216.32 of this part 216, it is unlawful to import into the United States 
any:
    (1) Marine mammal which was pregnant at the time of taking.
    (2) Marine mammal which was nursing at the time of taking, or less 
than 8 months old, whichever occurs later.
    (3) Specimen of an endangered or threatened species of marine 
mammal.
    (4) Specimen taken from a depleted species or stock of marine 
mammals, or
    (5) Marine mammal taken in an inhumane manner.
    (d) It is unlawful to import into the United States any fish, 
whether fresh, frozen, or otherwise prepared, if such fish was caught in 
a manner proscribed by the Secretary of Commerce for persons subject to 
the jurisdiction of the

[[Page 15]]

United States, whether or not any marine mammals were in fact taken 
incident to the catching of the fish.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, Oct. 3, 1994]



Sec. 216.13  Prohibited uses, possession, transportation, sales, 
and permits.

    It is unlawful for:
    (a) Any person to use any port, harbor or other place under the 
jurisdiction of the United States for any purpose in any way connected 
with a prohibited taking or an unlawful importation of any marine mammal 
or marine mammal product; or
    (b) Any person subject to the jurisdiction of the United States to 
possess any marine mammal taken in violation of the MMPA or these 
regulations, or to transport, sell, or offer for sale any such marine 
mammal or any marine mammal product made from any such mammal.
    (c) Any person subject to the jurisdiction of the United States to 
use in a commercial fishery, any means or method of fishing in 
contravention of regulations and limitations issued by the Secretary of 
Commerce for that fishery to achieve the purposes of this MMPA.
    (d) Any person to violate any term, condition, or restriction of any 
permit issued by the Secretary.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3, 
1994; 61 FR 21933, May 10, 1996]



Sec. 216.14  Marine mammals taken before the MMPA.

    (a) Section 102(e) of the MMPA provides, in effect, that the MMPA 
shall not apply to any marine mammal taken prior to December 21, 1972, 
or to any marine mammal product, consisting of or composed in whole or 
in part of, any marine mammal taken before that date. This prior status 
of any marine mammal or marine mammal product may be established by 
submitting to the Director, National Marine Fisheries Service prior to, 
or at the time of importation, an affidavit containing the following:
    (1) The Affiant's name and address;
    (2) Identification of the Affiant;
    (3) A description of the marine mammals or marine mammal products 
which the Affiant desires to import;
    (4) A statement by the Affiant that, to the best of his knowledge 
and belief, the marine mammals involved in the application were taken 
prior to December 21, 1972;
    (5) A statement by the Affiant in the following language:

    The foregoing is principally based on the attached exhibits which, 
to the best of my knowledge and belief, are complete, true and correct. 
I understand that this affidavit is being submitted for the purpose of 
inducing the Federal Government to permit the importation of--under the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 through 1407) and 
regulations promulgated thereunder, and that any false statements may 
subject me to the criminal penalties of 13 U.S.C. 1001, or to penalties 
under the Marine Mammal Protection Act of 1972.

    (b) Either one of two exhibits shall be attached to such affidavit, 
and will contain either:
    (1) Records or other available evidence showing that the product 
consists of or is composed in whole or in part of marine mammals taken 
prior to the effective date of the MMPA. Such records or other 
evidentiary material must include information on how, when, where, and 
by whom the animals were taken, what processing has taken place since 
taking, and the date and location of such processing; or
    (2) A statement from a government agency of the country of origin 
exercising jurisdiction over marine mammals that any and all such 
mammals from which the products sought to be imported were derived were 
taken prior to December 21, 1972.
    (c) No pre-Act marine mammal or pre-Act marine mammal product may be 
imported unless the requirements of this section have been fulfilled.
    (d) This section has no application to any marine mammal or marine 
mammal product intended to be imported pursuant to Sec. Sec. 216.21, 
216.31 or Sec. 216.32.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50375, 50376, Oct. 3, 
1994]

[[Page 16]]



Sec. 216.15  Depleted species.

    The following species or population stocks have been designated by 
the Assistant Administrator as depleted under the provisions of the 
MMPA.
    (a) Hawaiian monk seal (Monachus schauinslandi).
    (b) Bowhead whale (Balaena mysticetus).
    (c) North Pacific fur seal (Callorhinus ursinus). Pribilof Island 
population.
    (d) Bottlenose dolphin (Tursiops truncatus), coastal-migratory stock 
along the U.S. mid-Atlantic coast.
    (e) Eastern spinner dolphin (Stenella longirostris orientalis).
    (f) Northeastern offshore spotted dolphin (Stenella attenuata).
    (g) Cook Inlet, Alaska, stock of beluga whales (Delphinapterus 
leucas). The stock includes all beluga whales occurring in waters of the 
Gulf of Alaska north of 58[deg] North latitude including, but not 
limited to, Cook Inlet, Kamishak Bay, Chinitna Bay, Tuxedni Bay, Prince 
William Sound, Yakutat Bay, Shelikof Strait, and off Kodiak Island and 
freshwater tributaries to these waters.
    (h) Eastern North Pacific Southern Resident stock of killer whales 
(Orcinus orca). The stock includes all resident killer whales in pods J, 
K, and L in the waters of, but not limited to, the inland waterways of 
southern British Columbia and Washington, including the Georgia Strait, 
the Strait of Juan de Fuca, and Puget Sound.
    (i) AT1 stock of killer whales (Orcinus orca). The stock includes 
all killer whales belonging to the AT1 group of transient killer whales 
occurring primarily in waters of Prince William Sound, Resurrection Bay, 
and the Kenai Fjords region of Alaska.

[53 FR 17899, May 18, 1988, as amended at 58 FR 17791, Apr. 6, 1993; 58 
FR 45074, Aug. 26, 1993; 58 FR 58297, Nov. 1, 1993; 59 FR 50376, Oct. 3, 
1994; 65 FR 34597, May 31, 2000; 68 FR 31983, May 29, 2003; 69 FR 31324, 
June 3, 2004]



Sec. 216.16  Prohibitions under the General Authorization for Level B 
harassment for scientific research.

    It shall be unlawful for any person to:
    (a) Provide false information in a letter of intent submitted 
pursuant to Sec. 216.45(b);
    (b) Violate any term or condition imposed pursuant to Sec. 
216.45(d).

[59 FR 50376, Oct. 3, 1994]



Sec. 216.17  General prohibitions.

    It is unlawful for any person to:
    (a) Assault, resist, oppose, impede, intimidate, threaten, or 
interfere with any authorized officer in the conduct of any search, 
inspection, investigation or seizure in connection with enforcement of 
the MMPA, DPCIA, or IDCPA.
    (b) Interfere with, delay, or prevent by any means the apprehension 
of another person, knowing that such person has committed any act 
prohibited by the MMPA.
    (c) Resist a lawful arrest for any act prohibited under the MMPA.
    (d) Make any false statement, oral or written, to an authorized 
officer concerning any act under the jurisdiction of the MMPA, DPCIA, 
IDCPA, or attempt to do any of the above.
    (e) Interfere with, obstruct, delay, or prevent by any means an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of the MMPA, DPCIA, or IDCPA.

[70 FR 19008, Apr. 12, 2005]



                      Subpart C_General Exceptions



Sec. 216.21  Actions permitted by international treaty, convention,
or agreement.

    The MMPA and these regulations shall not apply to the extent that 
they are inconsistent with the provisions of any international treaty, 
convention or agreement, or any statute implementing the same relating 
to the taking or importation of marine mammals or marine mammal 
products, which was existing and in force prior to December 21, 1972, 
and to which the United States was a party. Specifically, the 
regulations in subpart B of this part and the provisions of the MMPA 
shall not apply to activities carried out pursuant to the Interim 
Convention on the Conservation of North Pacific Fur Seals signed at 
Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C. 
1151

[[Page 17]]

through 1187, as in each case, from time to time amended.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994]



Sec. 216.22  Taking by State or local government officials.

    (a) A State or local government official or employee may take a 
marine mammal in the normal course of his duties as an official or 
employee, and no permit shall be required, if such taking:
    (1) Is accomplished in a humane manner;
    (2) Is for the protection or welfare of such mammal or for the 
protection of the public health or welfare; and
    (3) Includes steps designed to insure return of such mammal, if not 
killed in the course of such taking, to its natural habitat. In 
addition, any such official or employee may, incidental to such taking, 
possess and transport, but not sell or offer for sale, such mammal and 
use any port, harbor, or other place under the jurisdiction of the 
United States. All steps reasonably practicable under the circumstances 
shall be taken by any such employee or official to prevent injury or 
death to the marine mammal as the result of such taking. Where the 
marine mammal in question is injured or sick, it shall be permissible to 
place it in temporary captivity until such time as it is able to be 
returned to its natural habitat. It shall be permissible to dispose of a 
carcass of a marine mammal taken in accordance with this subsection 
whether the animal is dead at the time of taking or dies subsequent 
thereto.
    (b) Each taking permitted under this section shall be included in a 
written report to be submitted to the Secretary every six months 
beginning December 31, 1973. Unless otherwise permitted by the 
Secretary, the report shall contain a description of:
    (1) The animal involved;
    (2) The circumstances requiring the taking;
    (3) The method of taking;
    (4) The name and official position of the State official or employee 
involved;
    (5) The disposition of the animal, including in cases where the 
animal has been retained in captivity, a description of the place and 
means of confinement and the measures taken for its maintenance and 
care; and
    (6) Such other information as the Secretary may require.
    (c) Salvage of dead stranded marine mammals or parts therefrom and 
subsequent transfer.
    (1) Salvage. In the performance of official duties, a state or local 
government employee; an employee of the National Marine Fisheries 
Service, the U.S. Fish and Wildlife Service, or any other Federal agency 
with jurisdiction and conservation responsibilities in marine shoreline 
areas; or a person authorized under 16 U.S.C. 1382(c) may take and 
salvage a marine mammal specimen if it is stranded and dead or it was 
stranded or rescued and died during treatment, transport, captivity or 
other rehabilitation subsequent to that stranding or distress if salvage 
is for the purpose of utilization in scientific research or for the 
purpose of maintenance in a properly curated, professionally accredited 
scientific collection.
    (2) Registration. A person salvaging a dead marine mammal specimen 
under this section must register the salvage of the specimen with the 
appropriate Regional Office of the National Marine Fisheries Service 
within 30 days after the taking or death occurs. The registration must 
include:
    (i) The name, address, and any official position of the individual 
engaged in the taking and salvage;
    (ii) A description of the marine mammal specimen salvaged including 
the scientific and common names of the species;
    (iii) A description of the parts salvaged;
    (iv) The date and the location of the taking;
    (v) Such other information as deemed necessary by the Assistant 
Administrator.
    (3) Identification and curation. The Regional Director will assign a 
single unique number to each carcass, and the parts thereof, that are 
salvaged under the provisions of this section. The person who salvaged 
the specimen may designate the number to be assigned. After this number 
is assigned, the person who salvaged the specimen must permanently mark 
that number on

[[Page 18]]

each separate hard part of that specimen and must affix that number with 
tags or labels to each soft part of that specimen or the containers in 
which that soft part is kept. Each specimen salvaged under this section 
must be curated in accordance with professional standards.
    (4) No sale or commercial trade. No person may sell or trade for 
commercial purposes any marine mammal specimen salvaged under this 
section.
    (5) Transfer without prior authorization. A person who salvages a 
marine mammal specimen under this section may transfer that specimen to 
another person if:
    (i) The person transferring the marine mammal specimen does not 
receive remuneration for the specimen;
    (ii) The person receiving the marine mammal specimen is an employee 
of the National Marine Fisheries Service, the U.S. Fish and Wildlife 
Service, or any other Federal agency with jurisdiction and conservation 
responsibilities in marine shoreline areas; is a person authorized under 
16 U.S.C. 1382(c); or is a person who has received prior authorization 
under paragraph (c)(6) of this section;
    (iii) The marine mammal specimen is transferred for the purpose of 
scientific research, for the purpose of maintenance in a properly 
curated, professionally accredited scientific collection, or for 
educational purposes;
    (iv) The unique number assigned by the National Marine Fisheries 
Service is on, marked on, or affixed to the marine mammal specimen or 
container; and
    (v) Except as provided under paragraph (c)(8) of this section, the 
person transferring the marine mammal specimen notifies the appropriate 
Regional Office of the National Marine Fisheries Service of the 
transfer, including notification of the number of the specimen 
transferred and the person to whom the specimen was transferred, within 
30 days after the transfer occurs.
    (6) Other transfers within the United States. Except as provided 
under paragraphs (c)(5) and (c)(8) of this section, a person who 
salvages a marine mammal specimen, or who has received a marine mammal 
specimen under the provisions of this section, may not transfer that 
specimen to another person within the United States unless the Regional 
Director of the appropriate Regional Office of the National Marine 
Fisheries Service grants prior written authorization for the transfer. 
The Regional Director may grant authorization for the transfer if there 
is evidence that the conditions listed under paragraphs (c)(5)(i), 
(c)(5)(iii), and (c)(5)(iv) of this section are met.
    (7) Tranfers outside of the United States. A person who salvages a 
marine mammal specimen, or a person who has received a marine mammal 
specimen under the provisions of this section, may not transfer that 
specimen to a person outside of the United States unless the Assistant 
Administrator grants prior written authorization for the transfer. The 
Assistant Administrator may grant authorization for the transfer if 
there is evidence that the conditions listed under paragraphs (c)(5)(i), 
(c)(5)(iii), and (c)(5)(iv) of this section are met.
    (8) Exceptions to requirements for notification or prior 
authorization. A person may transfer a marine mammal specimen salvaged 
under this section without the notification required in paragraph 
(c)(5)(v) of this section or the prior authorization required in 
paragraph (c)(6) of this section if:
    (i) The transfer is a temporary transfer to a laboratory or research 
facility within the United States so that analyses can be performed for 
the person salvaging the specimen; or
    (ii) The transfer is a loan of not more than 1 year to another 
professionally accredited scientific collection within the United 
States.

[39 FR 1852, Jan. 15, 1974, as amended at 56 FR 41307, Aug. 20, 1991]



Sec. 216.23  Native exceptions.

    (a) Taking. Notwithstanding the prohibitions of subpart B of this 
part 216, but subject to the restrictions contained in this section, any 
Indian, Aleut, or Eskimo who resides on the coast of the North Pacific 
Ocean or the Arctic Ocean may take any marine mammal without a permit, 
if such taking is:
    (1) By Alaskan Natives who reside in Alaska for subsistence, or

[[Page 19]]

    (2) For purposes of creating and selling authentic native articles 
of handicraft and clothing, and
    (3) In each case, not accomplished in a wasteful manner.
    (b) Restrictions. (1) No marine mammal taken for subsistence may be 
sold or otherwise transferred to any person other than an Alaskan Native 
or delivered, carried, transported, or shipped in interstate or foreign 
commerce, unless:
    (i) It is being sent by an Alaskan Native directly or through a 
registered agent to a tannery registered under paragraph (c) of this 
section for the purpose of processing, and will be returned directly or 
through a registered agent to the Alaskan Native; or
    (ii) It is sold or transferred to a registered agent in Alaska for 
resale or transfer to an Alaskan Native; or
    (iii) It is an edible portion and it is sold in an Alaskan Native 
village or town.
    (2) No marine mammal taken for purposes of creating and selling 
authentic native articles of handicraft and clothing may be sold or 
otherwise transferred to any person other than an Indian, Aleut or 
Eskimo, or delivered, carried, transported or shipped in interstate or 
foreign commerce, unless:
    (i) It is being sent by an Indian, Aleut or Eskimo directly or 
through a registered agent to a tannery registered under paragraph (c) 
of this section for the purpose of processing, and will be returned 
directly or through a registered agent to the Indian, Aleut or Eskimo; 
or
    (ii) It is sold or transferred to a registered agent for resale or 
transfer to an Indian, Aleut, or Eskimo; or
    (iii) It has first been transformed into an authentic native article 
of handicraft or clothing; or
    (iv) It is an edible portion and sold (A) in an Alaskan Native 
village or town, or (B) to an Alaskan Native for his consumption.
    (c) Any tannery, or person who wishes to act as an agent, within the 
jurisdiction of the United States may apply to the Director, National 
Marine Fisheries Service, U.S. Department of Commerce, Washington, DC 
20235, for registration as a tannery or an agent which may possess and 
process marine mammal products for Indians, Aleuts, or Eskimos. The 
application shall include the following information:
    (i) The name and address of the applicant;
    (ii) A description of the applicant's procedures for receiving, 
storing, processing, and shipping materials;
    (iii) A proposal for a system of bookkeeping and/or inventory 
segregation by which the applicant could maintain accurate records of 
marine mammals received from Indians, Aleuts, or Eskimos pursuant to 
this section;
    (iv) Such other information as the Secretary may request;
    (v) A certification in the following language:

    I hereby certify that the foregoing information is complete, true 
and correct to the best of my knowledge and belief. I understand that 
this information is submitted for the purpose of obtaining the benefit 
of an exception under the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361 through 1407) and regulations promulgated thereunder, and 
that any false statement may subject me to the criminal penalties of 18 
U.S.C. 1001, or to penalties under the Marine Mammal Protection Act of 
1972.

    (vi) The signature of the applicant.

The sufficiency of the application shall be determined by the Secretary, 
and in that connection, he may waive any requirement for information, or 
require any elaboration or further information deemed necessary. The 
registration of a tannery or other agent shall be subject to such 
conditions as the Secretary prescribes, which may include, but are not 
limited to, provisions regarding records, inventory segregation, 
reports, and inspection. The Secretary may charge a reasonable fee for 
processing such applications, including an appropriate apportionment of 
overhead and administrative expenses of the Department of Commerce.
    (d) Notwithstanding the preceding provisions of this section, 
whenever, under the MMPA, the Secretary determines any species of stock 
of marine mammals to be depleted, he may prescribe regulations pursuant 
to section 103 of the MMPA upon the taking of such marine animals by any 
Indian, Aleut, or Eskimo and, after promulgation of such regulations, 
all takings of such marine mammals shall conform to such regulations.

[[Page 20]]

    (e) Marking and reporting of Cook Inlet Beluga Whales--(1) 
Definitions. In addition to definitions contained in the MMPA and the 
regulations in this part:
    (i) Reporting means the collection and delivery of biological data, 
harvest data, and other information regarding the effect of taking a 
beluga whale (Delphinapterus leucas) from Cook Inlet, as required by 
NMFS.
    (ii) Whaling captain or vessel operator means the individual who is 
identified by Alaskan Natives as the leader of each hunting team 
(usually the other crew on the boat) and who is the whaling captain; or 
the individual operating the boat at the time the whale is harvested or 
transported to the place of processing.
    (iii) Cook Inlet means all waters of Cook Inlet north of 59[deg] 
North latitude, including, but not limited to, waters of Kachemak Bay, 
Kamishak Bay, Chinitna Bay, and Tuxedni Bay.
    (2) Marking. Each whaling captain or vessel operator, upon killing 
and landing a beluga whale (Delphinapterus leucas) from Cook Inlet, 
Alaska, must remove the lower left jawbone, leaving the teeth intact and 
in place. When multiple whales are harvested during one hunting trip, 
the jawbones will be marked for identification in the field to ensure 
correct reporting of harvest information by placing a label marked with 
the date, time, and location of harvest within the container in which 
the jawbone is placed. The jawbone(s) must be retained by the whaling 
captain or vessel operator and delivered to NMFS at the Anchorage Field 
Office, 222 West 7th Avenue, Anchorage, Alaska 99513 within 72 hours of 
returning from the hunt.
    (3) Reporting. Upon delivery to NMFS of a jawbone, the whaling 
captain or vessel operator must complete and mail a reporting form, 
available from NMFS, to the NMFS Anchorage Field Office within 30 days. 
A separate form is required for each whale harvested.
    (i) To be complete, the form must contain the following information: 
the date and location of kill, the method of harvest, and the coloration 
of the whale. The respondent will also be invited to report on any other 
observations concerning the animal or circumstance of the harvest.
    (ii) Data collected pursuant to paragraph (e) of this section will 
be reported on forms obtained from the Anchorage Field Office. These 
data will be maintained in the NMFS Alaska Regional Office in Juneau, 
Alaska, where such data will be available for public review.
    (4) No person may falsify any information required to be set forth 
on the reporting form as required by paragraph (e) of this section.
    (5) The Anchorage Field Office of NMFS is located in room 517 of the 
Federal Office Building, 222 West 7th Avenue; its mailing address is: 
NMFS, Box 43, Anchorage, AK. 99513.
    (f) Harvest management of Cook Inlet beluga whales--(1) Cooperative 
management of subsistence harvest. Subject to the provisions of 16 
U.S.C. 1371(b) and any further limitations set forth in Sec. 216.23, 
any taking of a Cook Inlet beluga whale by an Alaska Native must be 
authorized under an agreement for the co-management of subsistence uses 
(hereinafter in this paragraph ``co-management agreement'') between the 
National Marine Fisheries Service and an Alaska Native organization(s).
    (2) Limitations. (i) Sale of Cook Inlet beluga whale parts and 
products. Authentic Native articles of handicraft and clothing made from 
nonedible by-products of beluga whales taken in accordance with the 
provisions of this paragraph may be sold in interstate commerce. The 
sale of any other part or product, including food stuffs, from Cook 
Inlet beluga whales is prohibited, provided that nothing herein shall be 
interpreted to prohibit or restrict customary and traditional 
subsistence practices of barter and sharing of Cook Inlet beluga parts 
and products.
    (ii) Beluga whale calves or adults with calves. The taking of a calf 
or an adult whale accompanied by a calf is prohibited.
    (iii) Season. All takings of beluga whales authorized under Sec. 
216.23(f) shall occur no earlier than July 1 of each year.
    (iv) Taking during 2001-2004. The harvest of Cook Inlet beluga 
whales is restricted during the four-year period of 2001-2004 as 
follows:
    (A) Strike limitations. Subject to the suspension provision of 
subparagraph

[[Page 21]]

(C), a total of six (6) strikes, which could result in up to six 
landings, are to be allocated through co-management agreement(s).
    (B) Strike allocations. Four strikes, not to exceed one per year, 
are allocated to the Native Village of Tyonek. The remaining two strikes 
will be allocated over the 4-year period through co-management agreement 
with other Cook Inlet community hunters, with no more than one such 
strike being allocated during every other year.
    (C) Emergency provisions. Takings of beluga whales authorized under 
Sec. 216.23 will be suspended whenever unusual mortalities exceed six 
(6) whales in any year. ``Unusual mortalities'' include all documented 
human-caused mortality (including illegal takings and net entanglements 
but excluding all legally harvested whales) and all documented mortality 
resulting from unknown or natural causes that occur above normal levels, 
considered for the purposes of this provision to be twelve beluga whales 
per year. The level of unusual mortalities shall be calculated by 
documenting mortality for the calendar year and subtracting twelve. The 
sum of this result and the carry over of unusual mortality from any 
previous year from which the population has not recovered is the level 
of unusual mortalities for the current year. If in any year the number 
of unusual mortalities exceeds six whales, no strikes will be allowed in 
that year or in subsequent years until the population has recovered from 
those mortalities through foregone future harvests and natural 
recruitment.
    (v) Taking during 2008 and subsequent years. (A) Co-management 
agreements pursuant to paragraph (f)(1) of this section may be 
established for 5-year intervals beginning in 2008. Agreements must 
include specific provisions regarding the number and allocation of 
strikes, hunting practices to promote consistency with limitations in 
paragraph (f)(2)(ii) of this section, and to improve efficiency of the 
harvest, mitigating measures, and enforcement. Agreements may include 
provisions regarding the sex composition of the beluga harvest.
    (B) Strike/harvest levels for each 5-year planning interval 
beginning in 2008 will be determined by the recovery of this stock as 
measured by the average abundance in the prior 5-year interval and the 
best estimate of the population growth rate using information obtained 
in the 10 years prior to each 5-year interval. Criteria for categorizing 
growth rates are presented below as an algorithm using the estimated 
abundance, the distribution statistics for growth rates, and the date. 
Harvest levels are subject to the Expected Mortality Limit. The 
established strike levels are presented in the Harvest Table and the 
following algorithm will be used to determine harvest levels for each 5-
year period beginning in 2008.
    (1) NMFS will calculate the average stock abundance over the 
previous 5-year period.
    (2) NMFS will calculate a population growth rates from abundance 
estimates for the most recent 10-year period prior to the next 5-year 
period.
    (3) Using the abundance and growth information obtained in 
accordance with paragraphs (f)(2)(v)(B)(1) and (f)(2)(v)(B)(2), NMFS 
will calculate the probabilities that the growth rate within the 
population would be less than 1 percent, less than 2 percent, or greater 
than 3 percent. NMFS will then use paragraphs (f)(2)(v)(B)(3(i)) and 
(f)(2)(v)(B)(3)(vi) of this section to select the proper cell from the 
Harvest Table to determine the harvest levels for the next 5-year 
interval.
    (i) Is the average stock abundance over the previous 5-year period 
less than 350 beluga whales? If yes, the Harvest Table provides that the 
harvest is zero during the next 5-year period. If no, go to 
(f)(2)(v)(B)(3)(ii) of this section.
    (ii) Is the current year 2035 or later and is there more than a 20 
percent probability the growth rate is less than 1 percent? If yes, the 
harvest is zero during the next 5-year period. If no, go to paragraph 
(f)(2)(v)(B)(3)(iii) of this section.
    (iii) Is the current year between 2020 and 2034 and there is more 
than a 20 percent probability the growth rate is less than 1 percent? If 
yes, the harvest is three whales during the next 5-year period. If no, 
go to paragraph (f)(2)(v)(B)(3)(iv) of this section.

[[Page 22]]

    (iv) Is the current year 2015 or later and is there more than a 25 
percent probability the growth rate is less than 2 percent? If yes, go 
to the harvest table using the ``Low'' growth rate column. If no, go to 
paragraph (f)(2)(v)(B)(3)(vi)) of this section.
    (v) Is the current year prior to 2015 and is there more than a 75 
percent probability the growth rate is less than 2 percent? If yes, go 
to the harvest table using the ``Low'' growth rate column. If no, go to 
paragraph (f)(2)(v)(B)(3)(vi) of this section.
    (vi) Is there more than a 25-percent probability the growth rate is 
more than 3 percent? If yes, go to the harvest table using the ``High'' 
growth rate column. If no, go to the harvest table using the 
``Intermediate'' growth rate column.

                                                                      Harvest Table
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                               Expected
               5-year population averages                            ``High'' growth rate             ``Intermediate''     ``Low'' growth     Mortality
                                                                                                         growth rate            rate            Limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Less than 350...........................................                                          0                   0                   0            -
350-399.................................................                       8 strikes in 5 years      5 strikes in 5      5 strikes in 5           21
                                                                                                                  years               years
400-449.................................................                       9 strikes in 5 years      8 strikes in 5      5 strikes in 5           24
                                                                                                                  years               years
450-499.................................................                      10 strikes in 5 years      8 strikes in 5      5 strikes in 5           27
                                                                                                                  years               years
500-524.................................................                      14 strikes in 5 years      9 strikes in 5      5 strikes in 5           30
                                                                                                                  years               years
525-549.................................................                      16 strikes in 5 years     10 strikes in 5      5 strikes in 5           32
                                                                                                                  years               years
550-574.................................................                      20 strikes in 5 years     15 strikes in 5      5 strikes in 5           33
                                                                                                                  years               years
575-599.................................................                      22 strikes in 5 years     16 strikes in 5      5 strikes in 5           35
                                                                                                                  years               years
600-624.................................................                      24 strikes in 5 years     17 strikes in 5      6 strikes in 5           36
                                                                                                                  years               years
625-649.................................................                      26 strikes in 5 years     18 strikes in 5      6 strikes in 5           38
                                                                                                                  years               years
650-699.................................................                      28 strikes in 5 years     19 strikes in 5      7 strikes in 5           39
                                                                                                                  years               years
700-779.................................................                      32 strikes in 5 years     20 strikes in 5      7 strikes in 5           42
                                                                                                                  years               years
780 +...................................................         Consult with co-managers to expand  ..................  ..................  ...........
                                                              harvest levels while allowing for the
                                                                                 population to grow
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (C) At the beginning of each 5-year period, an Expected Mortality 
Limit is determined from the Harvest Table using the 5-year average 
abundance. During the course of each calendar year, the number of beach 
casts carcasses and carcasses found floating either reported to NMFS or 
observed by NMFS personnel will be the number of mortalities for that 
year. If at the end of each calendar year this number exceeds the 
Expected Mortality Limit, then an unusual mortality event has occurred. 
The Estimated Excess Mortalities will be calculated as twice the number 
of reported dead whales above the Expected Mortality Limit. The harvest 
will then be adjusted as follows:
    (1) The harvest level for the remaining years of the current 5-year 
period will be recalculated by reducing the 5-year average abundance 
from the previous 5-year period by the Estimated Excess Mortalities. The 
revised abundance estimate would then be used in the harvest table for 
the remaining years and the harvest adjusted accordingly.
    (2) For the subsequent 5-year period, for the purpose of calculating 
the 5-year average, the Estimated Excess Mortalities would be subtracted 
from the abundance estimates of the year of the excess mortality event 
so that the average would reflect the loss to the population. This 
average would then be used in the table to set the harvest level.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 64 
FR 27927, May 24, 1999; 69 FR 17980, Apr. 6, 2004; 73 FR 60985, Oct. 15, 
2008]

[[Page 23]]



Sec. 216.24  Taking and related acts incidental to commercial fishing
operations by tuna purse seine vessels in the eastern 

tropical Pacific Ocean.

    (a)(1) No marine mammal may be taken in the course of a commercial 
fishing operation by a U.S. purse seine fishing vessel in the ETP unless 
the taking constitutes an incidental catch as defined in Sec. 216.3, 
and vessel and operator permits have been obtained in accordance with 
these regulations, and such taking is not in violation of such permits 
or regulations.
    (2)(i) It is unlawful for any person using a U.S. purse seine 
fishing vessel of 400 short tons (st) (362.8 metric tons (mt)) carrying 
capacity or less to intentionally deploy a net on or to encircle 
dolphins, or to carry more than two speedboats, if any part of its 
fishing trip is in the ETP.
    (ii) It is unlawful for any person using a U.S. purse seine fishing 
vessel of greater than 400 st (362.8 mt) carrying capacity that does not 
have a valid permit obtained under these regulations to catch, possess, 
or land tuna if any part of the vessel's fishing trip is in the ETP.
    (iii) It is unlawful for any person subject to the jurisdiction of 
the United States to receive, purchase, or possess tuna caught, 
possessed, or landed in violation of paragraph (a)(2)(ii) of this 
section.
    (iv) It is unlawful for any person subject to the jurisdiction of 
the United States to intentionally deploy a purse seine net on, or to 
encircle, dolphins from a vessel operating in the ETP when there is not 
a DML assigned to that vessel.
    (v) It is unlawful for any person subject to the jurisdiction of the 
United States to intentionally deploy a purse seine net on, or to 
encircle, dolphins from a vessel operating in the ETP with an assigned 
DML after a set in which the DML assigned to that vessel has been 
reached or exceeded.
    (vi) Alleged violations of the Agreement on the IDCP and/or these 
regulations identified by the International Review Panel will be 
considered for potential enforcement action by NMFS.
    (3) Upon written request made in advance of entering the ETP, the 
limitations in paragraphs (a)(2)(ii) and (e)(1) of this section may be 
waived by the Administrator, Southwest Region, for the purpose of 
allowing transit through the ETP. The waiver will provide, in writing, 
the terms and conditions under which the vessel must operate, including 
a requirement to report to the Administrator, Southwest Region, the 
vessel's date of exit from or subsequent entry into the permit area.
    (b) Permits--(1) Vessel permit. The owner or managing owner of a 
U.S. purse seine fishing vessel of greater than 400 st (362.8 mt) 
carrying capacity that participates in commercial fishing operations in 
the ETP must possess a valid vessel permit issued under paragraph (b) of 
this section. This permit is not transferable and must be renewed 
annually. If a vessel permit holder surrenders his/her permit to the 
Administrator, Southwest Region, the permit will not be returned and a 
new permit will not be issued before the end of the calendar year. 
Vessel permits will be valid through December 31 of each year.
    (2) Operator permit. The person in charge of and actually 
controlling fishing operations (hereinafter referred to as the operator) 
on a U.S. purse seine fishing vessel engaged in commercial fishing 
operations under a vessel permit must possess a valid operator permit 
issued under paragraph (b) of this section. Such permits are not 
transferable and must be renewed annually. To receive a permit, the 
operator must have satisfactorily completed all required training under 
paragraph (c)(5) of this section. The operator's permit is valid only 
when the permit holder is on a vessel with a valid vessel permit. 
Operator permits will be valid through December 31 of each year.
    (3) Possession and display. A valid vessel permit issued pursuant to 
paragraph (b)(1) of this section must be on board the vessel while 
engaged in fishing operations, and a valid operator permit issued 
pursuant to paragraph (b)(2) of this section must be in the possession 
of the operator to whom it was issued. Permits must be shown upon 
request to NMFS enforcement agents, U.S. Coast Guard officers, or 
designated agents of NMFS or the Inter-American Tropical Tuna Commission

[[Page 24]]

(IATTC) (including observers). A vessel owner or operator who is at sea 
on a fishing trip when his or her permit expires and to whom a permit 
for the next year has been issued, may take marine mammals under the 
terms of the new permit without having to display it on board the vessel 
until the vessel returns to port.
    (4) Application for vessel permit. ETP tuna purse seine vessel 
permit application forms and instructions for their completion are 
available from NMFS. To apply for an ETP vessel permit, a vessel owner 
or managing owner must complete, sign, and submit the appropriate form 
via fax to (562) 980-4047, for prioritization purposes as described 
under Sec. 300.22(b)(4)(i)(D)(3) of this title, allowing at least 15 
days for processing. To request that a vessel in excess of 400 st (362.8 
mt) carrying capacity be categorized as active on the Vessel Register 
under Sec. 300.22(b)(4)(i) of this title in the following calendar 
year, the owner or managing owner must submit the vessel permit 
application via fax, payment of the vessel permit application fee, and 
payment of the vessel assessment fee no later than September 15 for 
vessels for which a DML is requested for the following year, and no 
later than November 30 for vessels for which a DML is not requested for 
the following year.
    (5) Application for operator permit. An applicant for an operator 
permit must complete, sign, and submit the appropriate form obtained 
from NMFS and submit payment of the permit application fee to the 
Administrator, Southwest Region, allowing at least 45 days for 
processing. Application forms and instructions for their completion are 
available from NMFS.
    (6) Fees--(i) Vessel permit application fees. Payment of the permit 
application fee is required before NMFS will issue a permit. The 
Assistant Administrator may change the amount of this fee at any time if 
a different fee is determined in accordance with the NOAA Finance 
Handbook. The amount of the fee will be printed on the vessel permit 
application form provided by the Administrator, Southwest Region.
    (ii) Operator permit fee. The Assistant Administrator may require a 
fee to be submitted with an application for an operator permit. The 
level of such a fee shall be determined in accordance with the NOAA 
Finance Handbook and specified by the Administrator, Southwest Region, 
on the application form.
    (iii) Vessel assessment fee. The vessel assessment fee supports the 
placement of observers on individual tuna purse seine vessels, and 
maintenance of the observer program, as established by the IATTC or 
other approved observer program.
    (A) The owner or managing owner of a purse seine vessel for which a 
DML has been requested must submit the vessel assessment fee, as 
established by the IATTC or other approved observer program, to the 
Administrator, Southwest Region, no later than September 15 of the year 
prior to the calendar year for which the DML is requested. Payment of 
the vessel assessment fee must be consistent with the fee for active 
status on the Vessel Register under Sec. 300.22(b)(4) of this title.
    (B) The owner or managing owner of a purse seine vessel for which 
active or inactive status on the Vessel Register, as defined in Sec. 
300.21 of this title, has been requested, but for which a DML has not 
been requested, must submit payment of the vessel assessment fee, as 
established by the IATTC or other approved observer program, to the 
Administrator, Southwest Region, no later than November 30 of the year 
prior to the calendar year in which the vessel will be listed on the 
Vessel Register. Payment of the vessel assessment fee is required only 
if the vessel is listed as active and is required to carry an observer, 
or if the vessel is listed as inactive and exceeds 400 st (362.8 mt) in 
carrying capacity. Payment of the vessel assessment fee must be 
consistent with the vessel's status, either active or inactive, on the 
Vessel Register in Sec. 300.22(b)(4) of this title.
    (C) The owner or managing owner of a purse seine vessel that is 
licensed under the South Pacific Tuna Treaty must submit the vessel 
assessment fee, as established by the IATTC or other approved observer 
program, to the Administrator, Southwest Region, prior to obtaining an 
observer and entering the ETP to fish. Consistent with Sec. 
300.22(b)(1)(i) of this title, this class of purse seine vessels is not 
required to be

[[Page 25]]

listed on the Vessel Register under Sec. 300.22(b)(4) of this title in 
order to purse seine for tuna in the ETP during a single fishing trip 
per calendar year of 90 days or less. Payment of the vessel assessment 
fee must be consistent with the fee for active status on the Vessel 
Register under Sec. 300.22(b)(4) of this title.
    (D) The owner or managing owner of a purse seine vessel listed as 
inactive on the Vessel Register at the beginning of the calendar year 
and who requests to replace a vessel removed from active status on the 
Vessel Register under Sec. 300.22(b)(4) of this title during the year, 
must pay the vessel assessment fee associated with active status, less 
the vessel assessment fee associated with inactive status that was 
already paid, before NMFS will request the IATTC Director change the 
status of the vessel from inactive to active. Payment of the vessel 
assessment fee is required only if the vessel is required to carry an 
observer.
    (E) The owner or managing owner of a purse seine vessel not listed 
on the Vessel Register at the beginning of the calendar year and who 
requests to replace a vessel removed from active status on the Vessel 
Register under Sec. 300.22(b)(4) of this title during the year, must 
pay the vessel assessment fee associated with active status only if the 
vessel is required to carry an observer, before NMFS will request the 
IATTC Director change the status of the vessel to active.
    (F) Payments will be subject to a 10 percent surcharge if received 
under paragraph (b)(6)(iii)(E) of this section for vessels that were 
listed as active on the Vessel Register in the calendar year prior to 
the year for which active status was requested; or if received after the 
dates specified in paragraphs (b)(6)(iii)(A) or (b)(6)(iii)(B) of this 
section for vessels for which active status is requested if the vessel 
was listed as active during the year the request was made. Payments will 
not be subject to a 10 percent surcharge if received under paragraph 
(b)(6)(iii)(C) or (b)(6)(iii)(D) of this section, or if received under 
paragraph (b)(6)(iii)(E) of this section for vessels that were not 
listed as active on the Vessel Register in the calendar year prior to 
the year for which active status was requested. Payments will also not 
be subject to a 10 percent surcharge if received after the date 
specified in paragraph (b)(6)(iii)(B) of this section for vessels for 
which inactive status is requested, or for vessels for which active 
status is requested if the vessel was not listed as active during the 
year the request was made. The Administrator, Southwest Region, will 
forward all vessel assessment fees described in this section to the 
IATTC or to the applicable organization approved by the Administrator, 
Southwest Region.
    (7) Application approval. The Administrator, Southwest Region, will 
determine the adequacy and completeness of an application and, upon 
determining that an application is adequate and complete, will approve 
that application and issue the appropriate permit, except for applicants 
having unpaid or overdue civil penalties, criminal fines, or other 
liabilities incurred in a legal proceeding.
    (8) Conditions applicable to all permits--(i) General conditions. 
Failure to comply with the provisions of a permit or with these 
regulations may lead to suspension, revocation, modification, or denial 
of a permit. The permit holder, vessel, vessel owner, operator, or 
master may be subject, jointly or severally, to the penalties provided 
for under the MMPA. Procedures governing permit sanctions and denials 
are found at subpart D of 15 CFR part 904.
    (ii) Observer placement. By obtaining a permit, the permit holder 
consents to the placement of an observer on the vessel during every trip 
involving operations in the ETP and agrees to payment of the fees for 
observer placement. No observer will be assigned to a vessel unless that 
vessel owner has submitted payment of observer fees to the 
Administrator, Southwest Region. The observers may be placed under an 
observer program of NMFS, IATTC, or another observer program approved by 
the Administrator, Southwest Region.
    (iii) Explosives. The use of explosive devices is prohibited during 
all tuna purse seine operations that involve marine mammals.
    (iv) Reporting requirements. (A) The vessel permit holder of each 
permitted vessel must notify the Administrator,

[[Page 26]]

Southwest Region or the IATTC contact designated by the Administrator, 
Southwest Region, at least 5 days in advance of the vessel's departure 
on a fishing trip to allow for observer placement on every trip.
    (B) The vessel permit holder must notify the Administrator, 
Southwest Region, or the IATTC contact designated by the Administrator, 
Southwest Region, of any change of vessel operator at least 48 hours 
prior to departing on a fishing trip. In the case of a change in 
operator due to an emergency, notification must be made within 72 hours 
of the change.
    (v) Data release. By using a permit, the permit holder authorizes 
the release to NMFS and the IATTC of all data collected by observers 
aboard purse seine vessels during fishing trips under the IATTC observer 
program or another international observer program approved by the 
Administrator, Southwest Region. The permit holder must furnish the 
international observer program with all release forms required to 
authorize the observer data to be provided to NMFS and the IATTC. Data 
obtained under such releases will be used for the same purposes as would 
data collected directly by observers placed by NMFS and will be subject 
to the same standards of confidentiality.
    (9) Mortality and serious injury reports. The Administrator, 
Southwest Region, will provide to the public periodic status reports 
summarizing the estimated incidental dolphin mortality and serious 
injury by U.S. vessels of individual species and stocks.
    (c) Purse seining by vessels with Dolphin Mortality Limits (DMLs). 
In addition to the terms and conditions set forth in paragraph (b) of 
this section, any permit for a vessel to which a DML has been assigned 
under paragraph (c)(9) of this section and any operator permit when used 
on such a vessel are subject to the following terms and conditions:
    (1) A vessel may be used to chase and encircle schools of dolphins 
in the ETP only under the immediate direction of the holder of a valid 
operator's permit.
    (2) No retention of live marine mammals. Except as otherwise 
authorized by a specific permit, live marine mammals incidentally taken 
must be immediately returned to the ocean without further injury. The 
operator of a purse seine vessel must take every precaution to refrain 
from causing or permitting incidental mortality or serious injury of 
marine mammals. Live marine mammals may not be brailed, sacked up, or 
hoisted onto the deck during ortza retrieval.
    (3) Gear and equipment required for valid permit. A vessel 
possessing a vessel permit for purse seining involving the intentional 
taking of marine mammals may not engage in fishing operations involving 
the intentional deployment of the net on or encirclement of dolphins 
unless it is equipped with a dolphin safety panel in its purse seine, 
has the other required gear and equipment, and uses the required 
procedures.
    (i) Dolphin safety panel. The dolphin safety panel must be a minimum 
of 180 fathoms in length (as measured before installation), except that 
the minimum length of the panel in nets deeper than 18 strips must be 
determined in a ratio of 10 fathoms in length for each strip of net 
depth. It must be installed so as to protect the perimeter of the 
backdown area. The perimeter of the backdown area is the length of 
corkline that begins at the outboard end of the last bowbunch pulled and 
continues to at least two-thirds the distance from the backdown channel 
apex to the stern tiedown point. The dolphin safety panel must consist 
of small mesh webbing not to exceed 1 1/4 inches (3.18 centimeters (cm)) 
stretch mesh extending downward from the corkline and, if present, the 
base of the dolphin apron to a minimum depth equivalent to two strips of 
100 meshes of 4 1/4 inches (10.80 cm) stretch mesh webbing. In addition, 
at least a 20-fathom length of corkline must be free from bunchlines at 
the apex of the backdown channel.
    (ii) Dolphin safety panel markers. Each end of the dolphin safety 
panel and dolphin apron, if present, must be identified with an easily 
distinguishable marker.
    (iii) Dolphin safety panel hand holds. Throughout the length of the 
corkline under which the dolphin safety panel and dolphin apron are 
located, hand hold openings must be secured so that

[[Page 27]]

they will not allow the insertion of a 1 3/8 inch (3.50 cm) diameter 
cylindrical-shaped object.
    (iv) Dolphin safety panel corkline hangings. Throughout the length 
of the corkline under which the dolphin safety panel and dolphin apron 
if present, are located, corkline hangings must be inspected by the 
vessel operator following each trip. Hangings found to have loosened to 
the extent that a cylindrical-shaped object with a 1 3/8 inch (3.50 cm) 
diameter can be inserted between the cork and corkline hangings, must be 
tightened so as not to allow the insertion of a cylindrical-shaped 
object with a 1 3/8 inch (3.50 cm) diameter.
    (v) Speedboats. A minimum of three speedboats in operating condition 
must be carried. All speedboats carried aboard purse seine vessels and 
in operating condition must be rigged with tow lines and towing bridles 
or towing posts. Speedboat hoisting bridles may not be substituted for 
towing bridles.
    (vi) Raft. A raft suitable to be used as a dolphin observation-and-
rescue platform must be carried.
    (vii) Facemask and snorkel, or viewbox. At least two facemasks and 
snorkels or viewboxes must be carried.
    (viii) Lights. The vessel must be equipped with long-range, high-
intensity floodlights with a sodium lamp of at least 1000 watts, or a 
multivapour lamp of at least 1500 watts, for use in darkness to ensure 
sufficient light to observe that procedures for dolphin release are 
carried out and to monitor incidental dolphin mortality.
    (4) Vessel inspection--(i) Twice per year. At least twice during 
each calendar year, purse seine nets and other gear and equipment 
required under Sec. 216.24(c)(3) must be made available for inspection 
and for a trial set/net alignment by an authorized NMFS inspector or 
IATTC staff as specified by the Administrator, Southwest Region, in 
order to obtain a vessel permit. The first such inspection shall be 
carried out before the vessel's request for a DML is submitted to the 
IATTC. The second such inspection shall be carried out before 
notification of any reallocation of DMLs for vessels with full-year DMLs 
or during the last quarter of the year for vessels with second-semester 
DMLs.
    (ii) Reinspection. Purse seine nets and other gear and equipment 
required by these regulations must be made available for reinspection by 
an authorized NMFS inspector or IATTC staff as specified by the 
Administrator, Southwest Region. The vessel permit holder must notify 
the Administrator, Southwest Region, of any net modification at least 5 
days prior to departure of the vessel in order to determine whether a 
reinspection or trial set/net alignment is required.
    (iii) Failure to pass inspection. Upon failure to pass an inspection 
or reinspection, a vessel may not engage in purse seining involving the 
intentional taking of marine mammals until the deficiencies in gear or 
equipment are corrected as required by NMFS.
    (5) Operator permit holder training requirements. An operator must 
maintain proficiency sufficient to perform the procedures required 
herein, and must attend and satisfactorily complete a formal training 
session approved by the Administrator, Southwest Region, in order to 
obtain his or her permit. At the training session, an attendee will be 
instructed on the relevant provisions and regulatory requirements of the 
MMPA and the IDCP, and the fishing gear and techniques that are required 
for reducing serious injury and mortality of dolphin incidental to purse 
seining for tuna. Operators who have received a written certificate of 
satisfactory completion of training and who possess a current or 
previous calendar year permit will not be required to attend additional 
formal training sessions unless there are substantial changes in the 
relevant provisions or implementing regulations of the MMPA or the IDCP, 
or in fishing gear and techniques. Additional training may be required 
for any operator who is found by the Administrator, Southwest Region, to 
lack proficiency in the required fishing procedures or familiarity with 
the relevant provisions or regulations of the MMPA or the IDCP.
    (6) Marine mammal release requirements. All operators fishing 
pursuant to paragraph (c) of this section must use the following 
procedures during all sets

[[Page 28]]

involving the incidental taking of marine mammals in association with 
the capture and landing of tuna.
    (i) Backdown procedure. Backdown must be performed following a purse 
seine set in which dolphins are captured in the course of catching tuna, 
and must be continued until it is no longer possible to remove live 
dolphins from the net by this procedure. At least one crewmember must be 
deployed during backdown to aid in the release of dolphins. Thereafter, 
other release procedures required will be continued so that all live 
dolphins are released prior to the initiation of the sack-up procedure.
    (ii) Prohibited use of sharp or pointed instrument. The use of a 
sharp or pointed instrument to remove any marine mammal from the net is 
prohibited.
    (iii) Sundown sets prohibited. On every set encircling dolphin, the 
backdown procedure must be completed no later than one-half hour after 
sundown, except as provided here. For the purpose of this section, 
sundown is defined as the time at which the upper edge of the sun 
disappears below the horizon or, if the view of the sun is obscured, the 
local time of sunset calculated from tables developed by the U.S. Naval 
Observatory or other authoritative source approved by the Administrator, 
Southwest Region. A sundown set is a set in which the backdown procedure 
has not been completed and rolling the net to sack-up has not begun 
within one-half hour after sundown. Should a set extend beyond one-half 
hour after sundown, the operator must use the required marine mammal 
release procedures including the use of the high intensity lighting 
system. In the event a sundown set occurs where the seine skiff was let 
go 90 or more minutes before sundown, and an earnest effort to rescue 
dolphins is made, the International Review Panel of the IDCP may 
recommend to the United States that in the view of the International 
Review Panel, prosecution by the United States is not recommended. Any 
such recommendation will be considered by the United States in 
evaluating the appropriateness of prosecution in a particular 
circumstance.
    (iv) Dolphin safety panel. During backdown, the dolphin safety panel 
must be positioned so that it protects the perimeter of the backdown 
area. The perimeter of the backdown area is the length of corkline that 
begins at the outboard end of the last bow bunch pulled and continues to 
at least two-thirds the distance from the backdown channel apex to the 
stern tiedown point.
    (7) Experimental fishing operations. The Administrator, Southwest 
Region, may authorize experimental fishing operations, consistent with 
the provisions of the IDCP, for the purpose of testing proposed 
improvements in fishing techniques and equipment that may reduce or 
eliminate dolphin mortality or serious injury, or do not require the 
encirclement of dolphins in the course of fishing operations. The 
Administrator, Southwest Region, may waive, as appropriate, any 
requirements of this section except DMLs and the obligation to carry an 
observer.
    (i) A vessel permit holder may apply for an experimental fishing 
operation waiver by submitting the following information to the 
Administrator, Southwest Region, no less than 90 days before the date 
the proposed operation is intended to begin:
    (A) The name(s) of the vessel(s) and the vessel permit holder(s) to 
participate;
    (B) A statement of the specific vessel gear and equipment or 
procedural requirement to be exempted and why such an exemption is 
necessary to conduct the experiment;
    (C) A description of how the proposed modification to the gear and 
equipment or procedures is expected to reduce incidental mortality or 
serious injury of marine mammals;
    (D) A description of the applicability of this modification to other 
purse seine vessels;
    (E) The planned design, time, duration, and general area of the 
experimental operation;
    (F) The name(s) of the permitted operator(s) of the vessel(s) during 
the experiment;
    (G) A statement of the qualifications of the individual or company 
doing the analysis of the research; and
    (H) Signature of the permitted operator or of the operator's 
representative.

[[Page 29]]

    (ii) The Administrator, Southwest Region, will acknowledge receipt 
of the application and, upon determining that it is complete, will 
publish a notice in the Federal Register summarizing the application, 
making the full application available for inspection and inviting 
comments for a minimum period of 30 days from the date of publication.
    (iii) The Administrator, Southwest Region, after considering the 
information submitted in the application identified in paragraph 
(c)(7)(i) of this section and the comments received, will either issue a 
waiver to conduct the experiment that includes restrictions or 
conditions deemed appropriate, or deny the application, giving the 
reasons for denial.
    (iv) A waiver for an experimental fishing operation will be valid 
only for the vessels and operators named in the permit, for the time 
period and areas specified, for trips carrying an observer designated by 
the Administrator, Southwest Region, and when all the terms and 
conditions of the permit are met.
    (v) The Administrator, Southwest Region, may suspend or revoke an 
experimental fishing waiver in accordance with 15 CFR part 904 if the 
terms and conditions of the waiver or the provisions of the regulations 
are not followed.
    (8) Operator permit holder performance requirements. [Reserved]
    (9) Vessel permit holder dolphin mortality limits. For purposes of 
this paragraph, the term ``vessel permit holder'' includes both the 
holder of a current vessel permit and also the holder of a vessel permit 
for the following year.
    (i) By September 1 each year, a vessel permit holder desiring a DML 
for the following year must provide to the Administrator, Southwest 
Region, the name of the U.S. purse seine fishing vessel(s) of carrying 
capacity greater than 400 st (362.8 mt) that the owner intends to use to 
intentionally deploy purse seine fishing nets in the ETP to encircle 
dolphins in an effort to capture tuna during the following year. NMFS 
will forward the list of purse seine vessels to the Director of the 
IATTC on or before October 1, or as otherwise required by the IDCP, for 
assignment of a DML for the following year under the provisions of Annex 
IV of the Agreement on the IDCP.
    (ii) Each vessel permit holder that desires a DML only for the 
period between July 1 to December 31 must provide the Administrator, 
Southwest Region, by September 1 of the prior year, the name of the U.S. 
purse seine fishing vessel(s) of greater than 400 st (362.8 mt) carrying 
capacity that the owner intends to use to intentionally deploy purse 
seine fishing nets in the ETP to encircle dolphins in an effort to 
capture tuna during the period. NMFS will forward the list of purse 
seine vessels to the Director of the IATTC on or before October 1, or as 
otherwise required under the IDCP, for possible assignment of a DML for 
the 6-month period July 1 to December 31. Under the IDCP, the DML will 
be calculated by the IDCP from any unutilized pool of DMLs in accordance 
with the procedure described in Annex IV of the Agreement on the IDCP 
and will not exceed one-half of an unadjusted full-year DML as 
calculated by the IDCP.
    (iii)(A) The Administrator, Southwest Region, will notify vessel 
owners of the DML assigned for each vessel for the following year, or 
the second half of the year, as applicable.
    (B) The Administrator, Southwest Region, may adjust the DMLs in 
accordance with Annex IV of the Agreement on the IDCP. All adjustments 
of full-year DMLs will be made before January 1, and the Administrator, 
Southwest Region, will notify the Director of the IATTC of any 
adjustments prior to a vessel departing on a trip using its adjusted 
DML. The notification will be no later than February 1 in the case of 
adjustments to full-year DMLs, and no later than May 1 in the case of 
adjustments to DMLs for the second half of the year.
    (C) In accordance with the requirements of Annex IV of the Agreement 
on the IDCP, the Administrator, Southwest Region, may adjust a vessel's 
DML if it will further scientific or technological advancement in the 
protection of marine mammals in the fishery or if the past performance 
of the vessel indicates that the protection or use of the yellowfin tuna 
stocks or marine mammals is best served by the adjustment, within the 
mandates of the

[[Page 30]]

MMPA. Experimental fishing operation waivers or scientific research 
permits will be considered a basis for adjustments.
    (iv)(A) A vessel assigned a full-year DML that does not make a set 
on dolphins by April 1 or that leaves the fishery will lose its DML for 
the remainder of the year, unless the failure to set on dolphins is due 
to force majeure or other extraordinary circumstances as determined by 
the International Review Panel.
    (B) A vessel assigned a DML for the second half of the year will be 
considered to have lost its DML if the vessel has not made a set on 
dolphins before December 31, unless the failure to set on dolphins is 
due to force majeure or extraordinary circumstances as determined by the 
International Review Panel.
    (C) Any vessel that loses its DML for 2 consecutive years will not 
be eligible to receive a DML for the following year.
    (D) NMFS will determine, based on available information, whether a 
vessel has left the fishery.
    (1) A vessel lost at sea, undergoing extensive repairs, operating in 
an ocean area other than the ETP, or for which other information 
indicates that vessel will no longer be conducting purse seine 
operations in the ETP for the remainder of the period covered by the DML 
will be determined to have left the fishery.
    (2) NMFS will make all reasonable efforts to determine the 
intentions of the vessel owner. The owner of any vessel that has been 
preliminarily determined to have left the fishery will be provided 
notice of such preliminary determination and given the opportunity to 
provide information on whether the vessel has left the fishery prior to 
NMFS making a final determination under 15 CFR part 904 and notifying 
the IATTC.
    (v) Any vessel that exceeds its assigned DML after any applicable 
adjustment under paragraph (c)(9)(iii) of this section will have its DML 
for the subsequent year reduced by 150 percent of the overage, unless 
another adjustment is determined by the International Review Panel, as 
mandated by the Agreement on the IDCP.
    (vi) A vessel that is covered by a valid vessel permit and that does 
not normally fish for tuna in the ETP but desires to participate in the 
fishery on a limited basis may apply for a per-trip DML from the 
Administrator, Southwest Region, at any time, allowing at least 60 days 
for processing. The request must state the expected number of trips 
involving sets on dolphins and the anticipated dates of the trip or 
trips. The request will be forwarded to the Secretariat of the IATTC for 
processing in accordance with Annex IV of the Agreement on the IDCP. A 
per-trip DML will be assigned if one is made available in accordance 
with the terms of Annex IV of the Agreement on the IDCP. If a vessel 
assigned a per-trip DML does not set on dolphins during that trip, the 
vessel will be considered to have lost its DML unless this was a result 
of force majeure or other extraordinary circumstances as determined by 
the International Review Panel. After two consecutive losses of a DML, a 
vessel will not be eligible to receive a DML for the next fishing year.
    (vii) Observers will make their records available to the vessel 
operator at any reasonable time, including after each set, in order for 
the operator to monitor the balance of the DML(s) remaining for use.
    (viii) Vessel and operator permit holders must not deploy a purse 
seine net on or encircle any school of dolphins containing individuals 
of a particular stock of dolphins for the remainder of the calendar 
year:
    (A) after the applicable per-stock per-year dolphin mortality limit 
for that stock of dolphins (or for that vessel, if so assigned) has been 
reached or exceeded; or
    (B) after the time and date provided in actual notification or 
notification in the Federal Register by the Administrator, Southwest 
Region, based upon the best available evidence, stating when any 
applicable per-stock per-year dolphin mortality limit has been reached 
or exceeded, or is expected to be reached in the near future.
    (ix) If individual dolphins belonging to a stock that is prohibited 
from being taken are not reasonably observable at the time the net skiff 
attached to the net is released from the vessel at the

[[Page 31]]

start of a set, the fact that individuals of that stock are subsequently 
taken will not be cause for enforcement action provided that all 
procedures required by the applicable regulations have been followed.
    (x) Vessel and operator permit holders must not intentionally deploy 
a purse seine net on or encircle dolphins intentionally:
    (A) after a set in which the vessel's DML, as adjusted, has been 
reached or exceeded; or
    (B) after the date and time provided in actual notification by 
letter, facsimile, radio, or electronic mail, or notice in the Federal 
Register by the Administrator, Southwest Region, based upon the best 
available evidence, that intentional sets on dolphins must cease because 
the total of the DMLs assigned to the U.S. fleet has been reached or 
exceeded, or is expected to be exceeded in the near future.
    (d) Purse seining by vessels without assigned DMLs. In addition to 
the requirements of paragraph (b) of this section, a vessel permit used 
for a trip not involving an assigned DML and the operator's permit when 
used on such a vessel are subject to the following terms and conditions: 
a permit holder may take marine mammals provided that such taking is an 
accidental occurrence in the course of normal commercial fishing 
operations and the vessel does not intentionally deploy its net on, or 
to encircle, dolphins; marine mammals taken incidental to such 
commercial fishing operations must be immediately returned to the 
environment where captured without further injury, using release 
procedures such as hand rescue, or aborting the set at the earliest 
effective opportunity; and the use of one or more rafts and facemasks or 
viewboxes to aid in the rescue of dolphins is recommended.
    (e) Observers--(1) The holder of a vessel permit must allow an 
observer duly authorized by the Administrator, Southwest Region, to 
accompany the vessel on all fishing trips in the ETP for the purpose of 
conducting research and observing operations, including collecting 
information that may be used in civil or criminal penalty proceedings, 
forfeiture actions, or permit sanctions. A vessel that fails to carry an 
observer in accordance with these requirements may not engage in fishing 
operations.
    (2) Research and observation duties will be carried out in such a 
manner as to minimize interference with commercial fishing operations. 
Observers must be provided access to vessel personnel and to dolphin 
safety gear and equipment, electronic navigation equipment, radar 
displays, high powered binoculars, and electronic communication 
equipment. The navigator must provide true vessel locations by latitude 
and longitude, accurate to the nearest minute, upon request by the 
observer. Observers must be provided with adequate space on the bridge 
or pilothouse for clerical work, as well as space on deck adequate for 
carrying out observer duties. No vessel owner, master, operator, or crew 
member of a permitted vessel may impair, or in any way interfere with, 
the research or observations being carried out. Masters must allow 
observers to use vessel communication equipment necessary to report 
information concerning the take of marine mammals and other observer 
collected data upon request of the observer.
    (3) Any marine mammals killed during fishing operations that are 
accessible to crewmen and requested from the permit holder or master by 
the observer must be brought aboard the vessel and retained for 
biological processing, until released by the observer for return to the 
ocean. Whole marine mammals or marine mammal parts designated as 
biological specimens by the observer must be retained in cold storage 
aboard the vessel until retrieved by authorized personnel of NMFS or the 
IATTC when the vessel returns to port for unloading.
    (4) It is unlawful for any person to forcibly assault, impede, 
intimidate, interfere with, or to influence or attempt to influence an 
observer, or to harass (including sexual harassment) an observer by 
conduct that has the purpose or effect of unreasonably interfering with 
the observer's work performance, or that creates an intimidating, 
hostile, or offensive environment. In determining whether conduct 
constitutes harassment, the totality of

[[Page 32]]

the circumstances, including the nature of the conduct and the context 
in which it occurred, will be considered. The determination of the 
legality of a particular action will be made from the facts on a case-
by-case basis.
    (5)(i) All observers must be provided sleeping, toilet and eating 
accommodations at least equal to that provided to a full crew member. A 
mattress or futon on the floor or a cot is not acceptable in place of a 
regular bunk. Meal and other galley privileges must be the same for the 
observer as for other crew members.
    (ii) Female observers on a vessel with an all-male crew must be 
accommodated either in a single-person cabin or, if reasonable privacy 
can be ensured by installing a curtain or other temporary divider, in a 
two-person cabin shared with a licensed officer of the vessel. If the 
cabin assigned to a female observer does not have its own toilet and 
shower facilities that can be provided for the exclusive use of the 
observer, then a schedule for time-sharing common facilities must be 
established before the placement meeting and approved by NMFS or other 
approved observer program and must be followed during the entire trip.
    (iii) In the event there are one or more female crew members, the 
female observer must be provided a bunk in a cabin shared solely with 
female crew members, and provided toilet and shower facilities shared 
solely with these female crew members.
    (f) Importation, purchase, shipment, sale and transport. (1)(i) It 
is illegal to import into the United States any fish, whether fresh, 
frozen, or otherwise prepared, if the fish have been caught with 
commercial fishing technology that results in the incidental kill or 
incidental serious injury of marine mammals in excess of that allowed 
under this part for U.S. fishermen, or as specified at paragraph (f)(6) 
of this section.
    (ii) For purposes of this paragraph (f), and in applying the 
definition of an ``intermediary nation,'' an import occurs when the fish 
or fish product is released from a nation's Customs' custody and enters 
into the commerce of the nation. For other purposes, ``import'' is 
defined in Sec. 216.3.
    (2) Imports requiring a Fisheries Certificate of Origin. Shipments 
of tuna, tuna products, and certain other fish products identified in 
paragraphs (f)(2)(i), (f)(2)(ii), and (f)(2)(iii) of this section may 
not be imported into the United States unless a properly completed 
Fisheries Certificate of Origin (FCO), NOAA Form 370, is filed with U.S. 
Customs and Border Protection (CBP) at the time of importation.
    (i) Imports requiring a Fisheries Certificate of Origin, subject to 
yellowfin tuna embargo. All shipments containing yellowfin tuna or 
yellowfin tuna products (other than fresh tuna) imported into the United 
States must be accompanied by an FCO, including, but not limited to, 
those imported under the following Harmonized Tariff Schedule of the 
United States (HTS) numbers. Updated HTS numbers can be identified by 
referencing the most current HTS in effect at the time of importation, 
available at www.usitc.gov. The scope of yellowfin tuna embargoes and 
procedures for attaining an affirmative finding are described under 
paragraphs (f)(6) and (f)(8) of this section, respectively.

  (A) Frozen: (products containing Yellowfin)...........................
  0303.42.0020............................  Yellowfin tunas, whole,
                                             frozen
  0303.42.0040............................  Yellowfin tunas, head-on,
                                             frozen, except whole
  0303.42.0060............................  Yellowfin tunas frozen,
                                             except whole, head-on,
                                             fillets, livers and roes
  0304.29.6097............................  Tuna fish fillets, frozen,
                                             Not elsewhere specified or
                                             indicated (NESOI)
  0304.99.1090............................  Tuna, frozen, in bulk or in
                                             immediate containers
                                             weighing with their
                                             contents over 6.8 kg each,
                                             NESOI
  (B) Airtight Containers: (products containing Yellowfin)..............
  1604.14.1010............................  Tunas and skipjack, in oil,
                                             in airtight containers, in
                                             foil or other flexible
                                             containers weighing with
                                             their contents not more
                                             than 6.8 kg each
  1604.14.1099............................  Tunas and skipjack, in oil,
                                             in airtight containers,
                                             NESOI
  1604.14.2291............................  Other tunas and skipjack, no
                                             oil, in foil/flexible
                                             airtight containers, not
                                             over 6.8 kg, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.2299............................  Tunas, NESOI and skipjack,
                                             not in oil, in other
                                             airtight containers not
                                             over 7 kg, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.3091............................  Tunas and skipjack, NESOI,
                                             not in oil, in foil or
                                             other flexible airtight
                                             containers, weighing with
                                             their contents not more
                                             than 6.8 kg each
  1604.14.3099............................  Other tunas and skipjack,
                                             not in oil, in airtight
                                             containers, NESOI
  (C) Loins: (products containing Yellowfin)............................

[[Page 33]]

 
  1604.14.4000............................  Tunas and skipjacks,
                                             prepared or preserved, not
                                             in airtight containers, not
                                             in oil, in bulk or
                                             immediate containers with
                                             their contents over 6.8 kg
                                             each
  1604.14.5000............................  Tunas and skipjack, prepared
                                             or preserved, not in
                                             airtight containers, NESOI
  (D) Other: (products containing Yellowfin)............................
  1604.20.1000............................  Fish pastes
  1604.20.2500............................  Fish balls, cakes and
                                             puddings, not in oil, not
                                             in airtight containers, in
                                             immediate containers
                                             weighing with their
                                             contents not over 6.8 kg
                                             each
  1604.20.3000............................  Fish balls, cakes and
                                             puddings, NESOI
 

    (ii) Imports requiring a Fisheries Certificate of Origin, not 
subject to yellowfin tuna embargo. All shipments containing tuna or tuna 
products (other than fresh tuna or yellowfin tuna identified in 
paragraph (f)(2)(i) of this section) imported into the United States 
must be accompanied by an FCO, including, but not limited to, those 
imported under the following HTS numbers. Updated HTS numbers can be 
identified by referencing the most current HTS in effect at the time of 
importation, available at www.usitc.gov.

  (A) Frozen: (other than Yellowfin)....................................
  0303.41.0000............................  Albacore or longfinned
                                             tunas, frozen, except
                                             fillets, livers and roes
  0303.43.0000............................  Skipjack tunas or stripe-
                                             bellied bonito, frozen,
                                             except fillets, livers and
                                             roes
  0303.44.0000............................  Bigeye tunas, frozen, except
                                             fillets, livers and roes
  0303.45.0000............................  Bluefin tunas, frozen,
                                             except fillets, livers and
                                             roes
  0303.46.0000............................  Southern bluefin tunas,
                                             frozen, except fillets,
                                             livers and roes
  0303.49.0100............................  Tunas, frozen, except
                                             fillets, livers and roes,
                                             NESOI
  0304.29.6097............................  Tuna fish fillets, frozen,
                                             NESOI
  0304.99.1090............................  Tuna, frozen, in bulk or in
                                             immediate containers
                                             weighing with their
                                             contents over 6.8 kg each,
                                             NESOI
  (B) Airtight Containers: (other than Yellowfin).......................
  1604.14.1010............................  Tunas and skipjack, in oil,
                                             in airtight containers, in
                                             foil or other flexible
                                             containers weighing with
                                             their contents not more
                                             than 6.8 kg each
  1604.14.1091............................  Tunas, albacore, in oil, in
                                             airtight containers, NESOI
  1604.14.1099............................  Tunas and skipjack, in oil,
                                             in airtight containers,
                                             NESOI
  1604.14.2251............................  Albacore tuna, not in oil,
                                             in foil/flexible airtight
                                             containers, weighing not
                                             over 6.8 kg, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.2259............................  Albacore tuna, not in oil,
                                             in airtight containers
                                             weighing not over 7 kg,
                                             NESOI, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.2291............................  Other tunas and skipjack, no
                                             oil, in foil/flexible
                                             airtight containers, not
                                             over 6.8 kg, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.2299............................  Tunas, NESOI and skipjack,
                                             not in oil, in other
                                             airtight containers, not
                                             over 7 kg, 4.8% of U.S.
                                             consumption of canned tuna
                                             during preceding year
  1604.14.3051............................  Tuna, albacore not in oil,
                                             in foil or other flexible
                                             airtight containers,
                                             weighing with contents not
                                             more than 6.8 kg each,
                                             NESOI
  1604.14.3059............................  Tuna, albacore not in oil,
                                             in airtight containers,
                                             NESOI
  1604.14.3091............................  Tunas and skipjack, NESOI,
                                             not in oil, in foil or
                                             other flexible airtight
                                             containers, weighing with
                                             their contents not more
                                             than 6.8 kg each
  1604.14.3099............................  Other tunas and skipjack,
                                             not in oil, in airtight
                                             containers, NESOI
  (C) Loins: (other than Yellowfin).....................................
  1604.14.4000............................  Tunas and skipjacks,
                                             prepared or preserved, not
                                             in airtight containers, not
                                             in oil, in bulk or
                                             immediate containers with
                                             their contents over 6.8 kg
                                             each
  1604.14.5000............................  Tunas and skipjack, prepared
                                             or preserved, not in
                                             airtight containers, NESOI
  (D) Other: (only if the product contains tuna)........................
  1604.20.1000............................  Fish pastes
  1604.20.2500............................  Fish balls, cakes and
                                             puddings, not in oil, not
                                             in airtight containers, in
                                             immediate containers
                                             weighing with their
                                             contents not over 6.8 kg
                                             each
  1604.20.3000............................  Fish balls, cakes and
                                             puddings, NESOI
 

    (iii) Exports from driftnet nations only, requiring a Fisheries 
Certificate of Origin and official certification. The following HTS 
numbers identify categories of fish and shellfish, in addition to those 
identified in paragraphs (f)(2)(i) and (f)(2)(ii) of this section, known 
to have been harvested using a large-scale driftnet and imported into 
the United States. Shipments exported from a large-scale driftnet 
nation, as identified under paragraph (f)(7) of this section, and 
imported into the United States, including but not limited to those 
imported into the United States under any of the HTS numbers listed in 
paragraph (f)(2) of this section, must be accompanied by an FCO and the 
official statement described in paragraph (f)(4)(xiii) of this section.

  (A) Frozen:...........................................................
  0303.19.0012............................  Chinook (King) salmon
                                             (Oncorhynchus
                                             tschawytscha), frozen,
                                             except fillets, livers and
                                             roes
  0303.19.0022............................  Chum (dog) salmon
                                             (Oncorhynchus keta),
                                             frozen, except fillets,
                                             livers and roes

[[Page 34]]

 
  0303.19.0032............................  Pink (humpie) salmon
                                             (Oncorhynchus gorbuscha),
                                             frozen, except fillets,
                                             livers and roes
  0303.19.0052............................  Coho (silver) salmon
                                             (Oncorhynchus kisutch),
                                             frozen, except fillets,
                                             livers and roes
  0303.19.0062............................  Pacific salmon (Oncorhynchus
                                             masou, Oncorhynchus
                                             rhodurus), frozen, except
                                             fillets, livers and roes,
                                             NESOI
  0303.21.0000............................  Trout (Salmo trutta;
                                             Oncorhynchus mykiss,
                                             clarki, aguabonita, gilae,
                                             apache, and chrysogaster),
                                             frozen, except fillets,
                                             livers and roes
  0303.22.0000............................  Atlantic salmon (Salmo
                                             salar) and Danube salmon
                                             (Hucho hucho), frozen,
                                             except fillets, livers and
                                             roes
  0303.29.0000............................  Salmonidae, frozen, except
                                             fillets, livers and roes,
                                             NESOI
  0303.61.0010............................  Swordfish steaks, frozen,
                                             except fillets
  0303.61.0090............................  Swordfish, frozen, except
                                             steaks, fillets, livers and
                                             roes
  0303.75.0010............................  Dogfish (Squalus spp.),
                                             frozen, except fillets,
                                             livers and roes
  0303.75.0090............................  Sharks, frozen, except
                                             dogfish, fillets, livers
                                             and roes
  0303.79.0079............................  Fish, frozen, except
                                             fillets, livers and roes,
                                             NESOI
  0304.21.0000............................  Swordfish fillets, frozen,
                                             NESOI
  0304.29.2066............................  Fish fillets, skinned,
                                             frozen blocks weighing over
                                             4.5 kg each, to be minced,
                                             ground or cut into pieces
                                             of uniform weights and
                                             dimensions, NESOI
  0304.29.6006............................  Atlantic Salmonidae (Salmo
                                             salar) fillets, frozen,
                                             NESOI
  0304.29.6008............................  Salmonidae fillets, frozen,
                                             except Atlantic salmon,
                                             NESOI
  0304.29.6099............................  Fish fillets, frozen, NESOI
  0307.49.0010............................  Squid fillets, frozen
  (B) Canned:...........................................................
  1604.11.2020............................  Pink (humpie) salmon, whole
                                             or in pieces, but not
                                             minced, in oil, in airtight
                                             containers
  1604.11.2030............................  Sockeye (red) salmon, whole
                                             or in pieces, but not
                                             minced, in oil, in airtight
                                             containers
  1604.11.2090............................  Salmon NESOI, whole or in
                                             pieces, but not minced, in
                                             oil, in airtight containers
  1604.11.4010............................  Chum (dog) salmon, not in
                                             oil, canned
  1604.11.4020............................  Pink (humpie) salmon, not in
                                             oil, canned
  1604.11.4030............................  Sockeye (red) salmon, not in
                                             oil, canned
  1604.11.4040............................  Salmon, NESOI, not in oil,
                                             canned
  1604.11.4050............................  Salmon, whole or in pieces,
                                             but not minced, NESOI
  1604.19.2000............................  Fish, NESOI, not in oil, in
                                             airtight containers
  1604.19.3000............................  Fish, NESOI, in oil, in
                                             airtight containers
  1605.90.6050............................  Loligo squid, prepared or
                                             preserved
  1605.90.6055............................  Squid except Loligo,
                                             prepared or preserved
  (C) Other:............................................................
  0305.30.6080............................  Fish fillets, dried, salted
                                             or in brine, but not
                                             smoked, NESOI
  0305.41.000.............................  Pacific salmon (Oncorhynchus
                                             spp.), Atlantic salmon
                                             (Salmo salar), and Danube
                                             salmon (Hucho hucho),
                                             including fillets, smoked
  0305.49.4040............................  Fish including fillets,
                                             smoked, NESOI
  0305.59.2000............................  Shark fins, dried, whether
                                             or not salted but not
                                             smoked
  0305.59.4000............................  Fish, dried, whether or not
                                             salted but not smoked,
                                             NESOI
  0305.69.4000............................  Salmon, salted but not dried
                                             or smoked; in brine
  0305.69.5000............................  Fish in immediate containers
                                             weighing with their
                                             contents 6.8 kg or less
                                             each, salted but not dried
                                             or smoked; in brine, NESOI
  0305.69.6000............................  Fish, salted but not dried
                                             or smoked; in brine, NESOI
  0307.49.0022............................  Squid, Loligo opalescens,
                                             frozen (except fillets),
                                             dried, salted or in brine
  0307.49.0024............................  Squid, Loligo pealei, frozen
                                             (except fillets), dried,
                                             salted or in brine
  0307.49.0029............................  Loligo squid, frozen (except
                                             fillets), dried, salted or
                                             in brine, NESOI
  0307.49.0050............................  Squid, frozen (except
                                             fillets), dried, salted or
                                             in brine, except Loligo
                                             squid
  0307.49.0060............................  Cuttle fish (Sepia
                                             officinalis, Rossia
                                             macrosoma, Sepiola spp.),
                                             frozen, dried, salted or in
                                             brine
 

    (3) Disposition of Fisheries Certificates of Origin. The FCO 
described in paragraph (f)(4) of this section may be obtained from the 
Administrator, Southwest Region, or downloaded from the Internet at 
http://swr.nmfs.noaa.gov/noaa370.htm.
    (i) A properly completed FCO and its attached certificates as 
described in Sec. 216.91(a), if applicable, must accompany the required 
CBP entry documents that are filed at the time of import.
    (ii) FCOs and associated certifications as described in Sec. 
216.91(a), if any, that accompany imported shipments of tuna must be 
submitted by the importer of record to the Tuna Tracking and 
Verification Program, Southwest Region, within 10 calendar days of the 
shipment's entry into the commerce of the United States. FCOs submitted 
via mail should be sent to the Tuna Tracking and Verification Program, 
Southwest Region, P.O. Box 32469, Long Beach, CA 90832-2469. Copies of 
the documents may be submitted electronically using a secure file 
transfer protocol (FTP) site. Importers of record interested in 
submitting FCOs and associated certifications via FTP may contact a 
representative of the Tuna Tracking and Verification Program at the 
following email address: [email protected]. The Tuna Tracking and 
Verification Program will facilitate secure transfer and protection of 
certifications by assigning a

[[Page 35]]

separate electronic folder for each importer. Access to the electronic 
folder will require a user identification and password. The Tuna 
Tracking and Verification Program will assign each importer a unique 
user identification and password. Safeguarding the confidentiality of 
the user identification and password is the responsibility of the 
importer to whom they are assigned. Copies of the documents may also be 
submitted via mail either on compact disc or as hard copies. All 
electronic submissions, whether via FTP or on compact disc, must be in 
Portable Document Format (PDF).
    (iii) FCOs that accompany imported shipments of tuna destined for 
further processing in the United States must be endorsed at each change 
in ownership and submitted to the Administrator, Southwest Region, by 
the last endorser when all required endorsements are completed.
    (iv) Importers and exporters are required to retain their records, 
including FCOs, import or export documents, invoices, and bills of 
lading for 2 years, and such records must be made available within 30 
days of a request by the Secretary or the Administrator, Southwest 
Region.
    (4) Contents of Fisheries Certificate of Origin. An FCO, certified 
to be accurate by the exporter(s) of the accompanying shipment, must 
include the following information:
    (i) CBP entry identification;
    (ii) Date of entry;
    (iii) Exporter's full name and complete address;
    (iv) Importer's or consignee's full name and complete address;
    (v) Species description, product form, and HTS number;
    (vi) Total net weight of the shipment in kilograms;
    (vii) Ocean area where the fish were harvested (ETP, western Pacific 
Ocean, south Pacific Ocean, north Pacific Ocean, eastern Atlantic Ocean, 
western Atlantic Ocean, Caribbean Sea, Indian Ocean, or other);
    (viii) Type of fishing gear used to harvest the fish (purse seine, 
longline, baitboat, large-scale driftnet, gillnet, pole and line/hook 
and line, or other);
    (ix) Country under whose laws the harvesting vessel operated based 
upon the flag of the vessel or, if a certified charter vessel, the 
country that accepted responsibility for the vessel's fishing 
operations;
    (x) Dates on which the fishing trip began and ended;
    (xi) The name of the harvesting vessel;
    (xii) Dolphin-safe condition of the shipment, described by checking 
the appropriate statement on the form and attaching additional 
certifications as described in Sec. 216.91(a) if required;
    (xiii) For shipments containing fish or fish products exported from, 
or harvested on the high seas by vessels of a nation known to use large-
scale driftnets, as determined by the Secretary pursuant to paragraph 
(f)(7) of this section, the High Seas Driftnet Certification contained 
on the FCO must be dated and signed by a responsible government official 
of the large-scale driftnet nation, certifying that the fish or fish 
products were harvested by a method other than large-scale driftnet; and
    (xiv) Each importer, exporter, or processor who takes custody of the 
shipment must sign and date the form to certify that the form and 
attached documentation accurately describes the shipment of fish that 
they accompany.
    (5) Dolphin-safe label. Tuna or tuna products sold in or exported 
from the United States that include on the label the term ``dolphin-
safe'' or any other term or symbol that claims or suggests the tuna were 
harvested in a manner not injurious to dolphins are subject to the 
requirements of subpart H of this part (Sec. 216.90 et seq.).
    (6) Scope of embargoes--(i) ETP yellowfin tuna embargo. Yellowfin 
tuna or products of yellowfin tuna harvested using a purse seine in the 
ETP identified by an HTS number listed in paragraph (f)(2)(i) of this 
section may not be imported into the United States if such tuna or tuna 
products were:
    (A) Harvested on or after March 3, 1999, the effective date of 
section 4 of the IDCPA, and harvested by, or exported from, a nation 
that the Assistant Administrator has determined has jurisdiction over 
purse seine vessels of greater than 400 st (362.8 mt) carrying capacity 
harvesting tuna in the ETP,

[[Page 36]]

unless the Assistant Administrator has made an affirmative finding 
required for importation for that nation under paragraph (f)(8) of this 
section;
    (B) Exported from an intermediary nation, as defined in Section 3 of 
the MMPA, and a ban is currently in force prohibiting the importation 
from that nation under paragraph (f)(9) of this section; or
    (C) Harvested before March 3, 1999, the effective date of Section 4 
of the IDCPA, and would have been banned from importation under Section 
101(a)(2) of the MMPA at the time of harvest.
    (ii) Driftnet embargo. A shipment containing fish or fish products 
identified by an HTS number listed in paragraph (f)(2) of this section 
may not be imported into the United States if it is harvested by a 
large-scale driftnet, or if it is exported from or harvested on the high 
seas by any nation determined by the Assistant Administrator to be 
engaged in large-scale driftnet fishing, unless a government official of 
the large-scale driftnet nation completes, signs and dates the High Seas 
Driftnet section of the FCO certifying that the fish or fish products 
were harvested by a method other than large-scale driftnet.
    (iii) Pelly certification. After 6 months of an embargo being in 
place against a nation under this section, the Secretary will certify 
that nation under section 8(a) of the Fishermen's Protective Act (22 
U.S.C. 1978(a)). When such an embargo is lifted, the Secretary will 
terminate the certification under Section 8(d) of that Act (22 U.S.C. 
1978(d)).
    (iv) Coordination. The Assistant Administrator will promptly advise 
the Department of State and the Department of Homeland Security of 
embargo decisions, actions, and finding determinations.
    (7) Large-scale driftnet nation: determination. Based upon the best 
information available, the Assistant Administrator will determine which 
nations have registered vessels that engage in fishing using large-scale 
driftnets. Such determinations will be published in the Federal 
Register. A responsible government official of any such nation may 
certify to the Assistant Administrator that none of the nation's vessels 
use large-scale driftnets. Upon receipt of the certification, the 
Assistant Administrator may find, and publish such finding in the 
Federal Register, that none of that nation's vessels engage in fishing 
with large-scale driftnets.
    (8) Affirmative finding procedure for nations harvesting yellowfin 
tuna using a purse seine in the ETP. (i) The Assistant Administrator 
will determine, on an annual basis, whether to make an affirmative 
finding based upon documentary evidence provided by the government of 
the harvesting nation or by the IDCP and the IATTC, and will publish the 
finding in the Federal Register. A finding will remain valid for 1 year 
or for such other period as the Assistant Administrator may determine. 
An affirmative finding will be terminated if the Assistant Administrator 
determines that the requirements of this paragraph are no longer being 
met. Every 5 years, the government of the harvesting nation must submit 
such documentary evidence directly to the Assistant Administrator and 
request an affirmative finding. Documentary evidence must be submitted 
by the harvesting nation for the first affirmative finding application. 
The Assistant Administrator may require the submission of supporting 
documentation or other verification of statements made in connection 
with requests to allow importations. An affirmative finding applies to 
yellowfin tuna and yellowfin tuna products that were harvested by 
vessels of the nation after March 3, 1999. To make an affirmative 
finding, the Assistant Administrator must find that:
    (A) The harvesting nation participates in the IDCP and is either a 
member of the IATTC or has initiated (and within 6 months thereafter 
completed) all steps required of applicant nations, in accordance with 
article V, paragraph 3, of the Convention establishing the IATTC, to 
become a member of that organization;
    (B) The nation is meeting its obligations under the IDCP and its 
obligations of membership in the IATTC, including all financial 
obligations;
    (C)(1) The annual total dolphin mortality of the nation's purse 
seine fleet

[[Page 37]]

(including certified charter vessels operating under its jurisdiction) 
did not exceed the aggregated total of the mortality limits assigned by 
the IDCP for that nation's purse seine vessels for the year preceding 
the year in which the finding would start; or
    (2)(i) Because of extraordinary circumstances beyond the control of 
the nation and the vessel captains, the total dolphin mortality of the 
nation's purse seine fleet (including certified charter vessels 
operating under its jurisdiction) exceeded the aggregated total of the 
mortality limits assigned by the IDCP for that nation's purse seine 
vessels; and
    (ii) Immediately after the national authorities discovered the 
aggregate mortality of its fleet had been exceeded, the nation required 
all its vessels to cease fishing for tuna in association with dolphins 
for the remainder of the calendar year; and
    (D)(1) In any years in which the parties agree to a global 
allocation system for per-stock per-year individual stock quotas, the 
nation responded to the notification from the IATTC that an individual 
stock quota had been reached by prohibiting any additional sets on the 
stock for which the quota had been reached;
    (2) If a per-stock per-year quota is allocated to each nation, the 
annual per-stock per-year dolphin mortality of the nation's purse seine 
fleet (including certified charter vessels operating under its 
jurisdiction) did not exceed the aggregated total of the per-stock per-
year limits assigned by the IDCP for that nation's purse seine vessels 
(if any) for the year preceding the year in which the finding would 
start; or
    (3)(i) Because of extraordinary circumstances beyond the control of 
the nation and the vessel captains, the per-stock per-year dolphin 
mortality of the nation's purse seine fleet (including certified charter 
vessels operating under its jurisdiction) exceeded the aggregated total 
of the per-stock per-year limits assigned by the IDCP for that nation's 
purse seine vessels; and
    (ii) Immediately after the national authorities discovered the 
aggregate per-stock mortality limits of its fleet had been exceeded, the 
nation required all its vessels to cease fishing for tuna in association 
with the stocks whose limits had been exceeded, for the remainder of the 
calendar year.
    (ii) Documentary Evidence and Compliance with the IDCP--(A) 
Documentary Evidence. The Assistant Administrator will make an 
affirmative finding under paragraph (f)(8)(i) of this section only if 
the government of the harvesting nation provides directly to the 
Assistant Administrator, or authorizes the IATTC to release to the 
Assistant Administrator, complete, accurate, and timely information that 
enables the Assistant Administrator to determine whether the harvesting 
nation is meeting the obligations of the IDCP, and whether ETP-harvested 
tuna imported from such nation comports with the tracking and 
verification regulations of subpart H of this part.
    (B) Revocation. After considering the information provided under 
paragraph (f)(8)(ii)(A) of this section, each party's financial 
obligations to the IATTC, and any other relevant information, including 
information that a nation is consistently failing to take enforcement 
actions on violations that diminish the effectiveness of the IDCP, the 
Assistant Administrator, in consultation with the Secretary of State, 
will revoke an affirmative finding issued to a nation that is not 
meeting the obligations of the IDCP.
    (iii) A harvesting nation may apply for an affirmative finding at 
any time by providing to the Assistant Administrator the information and 
authorizations required in paragraphs (f)(8)(i) and (f)(8)(ii) of this 
section, allowing at least 60 days from the submission of complete 
information to NMFS for processing.
    (iv) The Assistant Administrator will make or renew an affirmative 
finding for the period from April 1 through March 31 of the following 
year, or portion thereof, if the harvesting nation has provided all the 
information and authorizations required by paragraphs (f)(8)(i) and 
(f)(8)(ii) of this section, and has met the requirements of paragraphs 
(f)(8)(i) and (f)(8)(ii) of this section.
    (v) Reconsideration of finding. The Assistant Administrator may 
reconsider a finding upon a request from, and the submission of 
additional information

[[Page 38]]

by, the harvesting nation, if the information indicates that the nation 
has met the requirements under paragraphs (f)(8)(i) and (f)(8)(ii) of 
this section.
    (9) Intermediary nation. Except as authorized under this paragraph, 
no yellowfin tuna or yellowfin tuna products harvested by purse seine in 
the ETP classified under one of the HTS numbers listed in paragraph 
(f)(2)(i) of this section may be imported into the United States from 
any intermediary nation.
    (i) An ``intermediary nation'' is a nation that exports yellowfin 
tuna or yellowfin tuna products to the United States and that imports 
yellowfin tuna or yellowfin tuna products that are subject to a direct 
ban on importation into the United States pursuant to Section 
101(a)(2)(B) of the MMPA.
    (ii) Shipments of yellowfin tuna that pass through any nation (e.g. 
on a 'through Bill of Lading') and are not entered for consumption in 
that nation are not considered to be imports to that nation and thus, 
would not cause that nation to be considered an intermediary nation 
under the MMPA.
    (iii) The Assistant Administrator will publish in the Federal 
Register a notice announcing when NMFS has determined, based on the best 
information available, that a nation is an ``intermediary nation.'' 
After the effective date of that notice, the import restrictions of this 
paragraph shall apply.
    (iv) Changing the status of intermediary nation determinations. 
Imports from an intermediary nation of yellowfin tuna and yellowfin tuna 
products classified under any of the HTS numbers in paragraph (f)(2)(i) 
of this section may be imported into the United States only if the 
Assistant Administrator determines, and publishes a notice of such 
determination in the Federal Register, that the intermediary nation has 
provided certification and reasonable proof that it has not imported in 
the preceding 6 months yellowfin tuna or yellowfin tuna products that 
are subject to a ban on direct importation into the United States under 
Section 101(a)(2)(B) of the MMPA. At that time, the nation shall no 
longer be considered an ``intermediary nation'' and these import 
restrictions shall no longer apply.
    (v) The Assistant Administrator will review decisions under this 
paragraph upon the request of an intermediary nation. Such requests must 
be accompanied by specific and detailed supporting information or 
documentation indicating that a review or reconsideration is warranted. 
For purposes of this paragraph, the term ``certification and reasonable 
proof'' means the submission to the Assistant Administrator by a 
responsible government official from the nation of a document reflecting 
the nation's customs records for the preceding 6 months, together with a 
certification attesting that the document is accurate.
    (10) Fish refused entry. If fish is denied entry under paragraph 
(f)(2) of this section, the Port Director of CBP shall refuse to release 
the fish for entry into the United States.
    (11) Disposition of fish refused entry into the United States. Fish 
that is denied entry under paragraph (f)(2) of this section and that is 
not exported under CBP supervision within 90 days shall be disposed of 
under CBP laws and regulations at the importer's expense. Provided, 
however, that any disposition shall not result in an introduction into 
the United States of fish caught in violation of the MMPA.
    (12) Market Prohibitions. (i) It is unlawful for any person to sell, 
purchase, offer for sale, transport, or ship in the United States, any 
tuna or tuna products unless the tuna products are either:
    (A) Dolphin-safe under subpart H of this part; or
    (B) Harvested in compliance with the IDCP by vessels under the 
jurisdiction of a nation that is a member of the IATTC or has initiated, 
and within 6 months thereafter completes, all steps required by an 
applicant nation to become a member of the IATTC.
    (ii) It is unlawful for any exporter, transshipper, importer, 
processor, or wholesaler/distributor to possess, sell, purchase, offer 
for sale, transport, or ship in the United States, any tuna or tuna 
products bearing a label or mark that refers to dolphins, porpoises, or 
marine mammals unless the label or

[[Page 39]]

mark complies with the requirements of 16 U.S.C. 1385(d).
    (g) Penalties. Any person or vessel subject to the jurisdiction of 
the United States will be subject to the penalties provided for under 
the MMPA for the conduct of fishing operations in violation of these 
regulations. Penalties for violating these regulations may include, but 
are not limited to, civil monetary fines, permit suspension or 
revocation, and reductions in current and future DMLs. Recommended 
sanctions are identified in the IDCPA/DPCIA Tuna/Dolphin Civil 
Administrative Penalty Schedule. Procedures for the imposition of 
penalties under the MMPA are found at 15 CFR part 904.

[69 FR 55297, Sept. 13, 2004, as amended at 70 FR 19008, Apr. 12, 2005; 
74 FR 1613, Jan. 13, 2009]



Sec. 216.25  Exempted marine mammals and marine mammal products.

    (a) The provisions of the MMPA and these regulations shall not 
apply:
    (1) To any marine mammal taken before December 21, 1972 \1\, or
---------------------------------------------------------------------------

    \1\ In the context of captive maintenance of marine mammals, the 
only marine mammals exempted under this section are those that were 
actually captured or otherwise in captivity before December 21, 1972.
---------------------------------------------------------------------------

    (2) To any marine mammal product if the marine mammal portion of 
such product consists solely of a marine mammal taken before such date.
    (b) The prohibitions contained in Sec. 216.12(c) (3) and (4) shall 
not apply to marine mammals or marine mammal products imported into the 
United States before the date on which a notice is published in the 
Federal Register with respect to the designation of the species or stock 
concerned as depleted or endangered.
    (c) Section 216.12(b) shall not apply to articles imported into the 
United States before the effective date of the foreign law making the 
taking or sale, as the case may be, of such marine mammals or marine 
mammal products unlawful.

[39 FR 1852, Jan. 15, 1974, as amended at 56 FR 43888, Sept. 5, 1991; 59 
FR 50376, Oct. 3, 1994]



Sec. 216.26  Collection of certain marine mammal parts without prior 
authorization.

    Notwithstanding any other provision of this subpart:
    (a) Any bones, teeth or ivory of any dead marine mammal may be 
collected from a beach or from land within\1/4\ of a mile of the ocean. 
The term ocean includes bays and estuaries.
    (b) Notwithstanding the provisions of subpart D, soft parts that are 
sloughed, excreted, or discharged naturally by a living marine mammal in 
the wild may be collected or imported for bona fide scientific research 
and enhancement, provided that collection does not involve the taking of 
a living marine mammal in the wild.
    (c) Any marine mammal part collected under paragraph (a) of this 
section or any marine mammal part collected and imported under paragraph 
(b) of this section must be registered and identified, and may be 
transferred or otherwise possessed, in accordance with Sec. 216.22(c). 
In registering a marine mammal part collected or imported under 
paragraph (b) of this section, the person who collected or imported the 
part must also state the scientific research or enhancement purpose for 
which the part was collected or imported.
    (d) No person may purchase, sell or trade for commercial purposes 
any marine mammal part collected or imported under this section.
    (e) The export of parts collected without prior authorization under 
paragraph (b) of this section may occur if consistent with the 
provisions at Sec. 216.37(d) under subpart D.

[39 FR 1852, Jan. 15, 1974, as amended at 59 FR 50376, Oct. 3, 1994; 61 
FR 21933, May 10, 1996]



Sec. 216.27  Release, non-releasability, and disposition under special
exception permits for rehabilitated marine mammals.

    (a) Release requirements. (1) Any marine mammal held for 
rehabilitation must be released within six months of capture or import 
unless the attending veterinarian determines that:
    (i) The marine mammal might adversely affect marine mammals in the 
wild;

[[Page 40]]

    (ii) Release of the marine mammal to the wild will not likely be 
successful given the physical condition and behavior of the marine 
mammal; or
    (iii) More time is needed to determine whether the release of the 
marine mammal to the wild will likely be successful. Releasability must 
be reevaluated at intervals of no less than six months until 24 months 
from capture or import, at which time there will be a rebuttable 
presumption that release into the wild is not feasible.
    (2) The custodian of the rehabilitated marine mammal shall provide 
written notification prior to any release into the wild.
    (i) Notification shall be provided to:
    (A) The NMFS Regional Director at least 15 days in advance of 
releasing any beached or stranded marine mammal, unless advance notice 
is waived in writing by the Regional Director; or
    (B) The Office Director at least 30 days in advance of releasing any 
imported marine mammal.
    (ii) Notification shall include the following:
    (A) A description of the marine mammal, including its physical 
condition and estimated age;
    (B) The date and location of release; and
    (C) The method and duration of transport prior to release.
    (3) The Regional Director, or the Office Director as appropriate, 
may:
    (i) Require additional information prior to any release;
    (ii) Change the date or location of release, or the method or 
duration of transport prior to release;
    (iii) Impose additional conditions to improve the likelihood of 
success or to monitor the success of the release; or
    (iv) Require other disposition of the marine mammal.
    (4) All marine mammals must be released near wild populations of the 
same species, and stock if known, unless a waiver is granted by the 
Regional Director or the Office Director.
    (5) All marine mammals released must be tagged or marked in a manner 
acceptable to the Regional Director or the Office Director. The tag 
number or description of the marking must be reported to the Regional 
Director or Office Director following release.
    (b) Non-releasability and postponed determinations. (1) The 
attending veterinarian shall provide the Regional Director or Office 
Director with a written report setting forth the basis of any 
determination under paragraphs (a)(1)(i) through (iii) of this section.
    (2) Upon receipt of a report under paragraph (b)(1) of this section, 
the Regional Director or Office Director, in their sole discretion, may:
    (i) Order the release of the marine mammal;
    (ii) Order continued rehabilitation for an additional 6 months; or
    (iii) Order other disposition as authorized.
    (3) No later than 30 days after a marine mammal is determined 
unreleasable in accordance with paragraphs (a)(1)(i) through (iii) of 
this section, the person with authorized custody must:
    (i) Request authorization to retain or transfer custody of the 
marine mammal in accordance with paragraph (c) of this section, or;
    (ii) Humanely euthanize the marine mammal or arrange any other 
disposition of the marine mammal authorized by the Regional Director or 
Office Director.
    (4) Notwithstanding any of the provisions of this section, the 
Office Director may require use of a rehabilitated marine mammal for any 
activity authorized under subpart D in lieu of animals taken from the 
wild.
    (5) Any rehabilitated beached or stranded marine mammal placed on 
public display following a non-releasability determination under 
paragraph (a)(1) of this section and pending disposition under paragraph 
(c) of this section, or any marine mammal imported for medical treatment 
otherwise unavailable and placed on public display pending disposition 
after such medical treatment is concluded, must be held in captive 
maintenance consistent with all requirements for public display.
    (c) Disposition for a special exception purpose. (1) Upon receipt of 
an authorization request made under paragraph (b)(3)(i) of this section, 
or release notification under (a)(2), the Office Director may authorize 
the retention or

[[Page 41]]

transfer of custody of the marine mammal for a special exception purpose 
authorized under subpart D.
    (2) The Office Director will first consider requests from a person 
authorized to hold the marine mammal for rehabilitation. The Office 
Director may authorize such person to retain or transfer custody of the 
marine mammal for scientific research, enhancement, or public display 
purposes.
    (3) The Office Director may authorize retention or transfer of 
custody of the marine mammal only if:
    (i) Documentation has been submitted to the Office Director that the 
person retaining the subject animal or the person receiving custody of 
the subject animal by transfer, hereinafter referred to as the 
recipient, complies with public display requirements of 16 U.S.C. 
1374(c)(2)(A) or, for purposes of scientific research and enhancement, 
holds an applicable permit, or an application for such a special 
exception permit under Sec. 216.33 or a request for a major amendment 
under Sec. 216.39 has been submitted to the Office Director and has 
been found complete;
    (ii) The recipient agrees to hold the marine mammal in conformance 
with all applicable requirements and standards; and
    (iii) The recipient acknowledges that the marine mammal is subject 
to seizure by the Office Director:
    (A) If, at any time pending issuance of the major amendment or 
permit, the Office Director determines that seizure is necessary in the 
interest of the health or welfare of the marine mammal;
    (B) If the major amendment or permit is denied; or
    (C) If the recipient is issued a notice of violation and assessment, 
or is subject to permit sanctions, in accordance with 15 CFR part 904.
    (4) There shall be no remuneration associated with any transfer, 
provided that, the transferee may reimburse the transferor for any and 
all costs associated with the rehabilitation and transport of the marine 
mammal.
    (5) Marine mammals undergoing rehabilitation or pending disposition 
under this section shall not be subject to public display, unless such 
activities are specifically authorized by the Regional Director or the 
Office Director, and conducted consistent with the requirements 
applicable to public display. Such marine mammals shall not be trained 
for performance or be included in any aspect of a program involving 
interaction with the public; and
    (6) Marine mammals undergoing rehabilitation shall not be subject to 
intrusive research, unless such activities are specifically authorized 
by the Office Director in consultation with the Marine Mammal Commission 
and its Committee of Scientific Advisors on Marine Mammals, and are 
conducted pursuant to a scientific research permit.
    (d) Reporting. In addition to the report required under Sec. 
216.22(b), the person authorized to hold marine mammals for 
rehabilitation must submit reports to the Regional Director or Office 
Director regarding release or other disposition. These reports must be 
provided in the form and frequency specified by the Regional Director or 
Office Director.

[61 FR 21933, May 10, 1996]



                      Subpart D_Special Exceptions



Sec. 216.30  [Reserved]



Sec. 216.31  Definitions.

    For the purpose of this subpart, the definitions set forth in 50 CFR 
part 217 shall apply to all threatened and endangered marine mammals, 
unless a more restrictive definition exists under the MMPA or part 216.

[61 FR 21935, May 10, 1996]



Sec. 216.32  Scope.

    The regulations of this subpart apply to:
    (a) All marine mammals and marine mammal parts taken or born in 
captivity after December 20, 1972; and
    (b) All marine mammals and marine mammal parts that are listed as 
threatened or endangered under the ESA.

[61 FR 21935, May 10, 1996]

[[Page 42]]



Sec. 216.33  Permit application submission, review, and decision
procedures.

    (a) Application submission. Persons seeking a special exemption 
permit under this subpart must submit an application to the Office 
Director. The application must be signed by the applicant, and provide 
in a properly formatted manner all information necessary to process the 
application. Written instructions addressing information requirements 
and formatting may be obtained from the Office Director upon request.
    (b) Applications to export living marine mammals. For applicants 
seeking a special exception permit to export living marine mammals, the 
application must:
    (1) Be submitted through the Convention on International Trade in 
Endangered Fauna and Flora management authority of the foreign 
government or, if different, the appropriate agency or agencies of the 
foreign government that exercises oversight over marine mammals.
    (2) Include a certification from the foreign government that:
    (i) The information set forth in the application is accurate;
    (ii) The laws and regulations of the foreign governmentinvolved 
allow enforcement of the terms and conditions of the permit, and that 
the foreign government will enforce all terms and conditions; and
    (iii) The foreign government involved will afford comity to any 
permit amendment, modification, suspension or revocation decision.
    (c) Initial review. (1) NMFS will notify the applicant of receipt of 
the application.
    (2) During the initial review, the Office Director will determine:
    (i) Whether the application is complete.
    (ii) Whether the proposed activity is for purposes authorized under 
this subpart.
    (iii) If the proposed activity is for enhancement purposes, whether 
the species or stock identified in the application is in need of 
enhancement for its survival or recovery and whether the proposed 
activity will likely succeed in its objectives.
    (iv) Whether the activities proposed are to be conducted consistent 
with the permit restrictions and permit specific conditions as described 
in Sec. 216.35 and Sec. 216.36(a).
    (v) Whether sufficient information is included regarding the 
environmental impact of the proposed activity to enable the Office 
Director:
    (A) To make an initial determination under the National 
Environmental Policy Act (NEPA) as to whether the proposed activity is 
categorically excluded from preparation of further environmental 
documentation, or whether the preparation of an environmental assessment 
(EA) or environmental impact statement (EIS) is appropriate or 
necessary; and
    (B) To prepare an EA or EIS if an initial determination is made by 
the Office Director that the activity proposed is not categorically 
excluded from such requirements.
    (3) The Office Director may consult with the Marine Mammal 
Commission (Commission) and its Committee of Scientific Advisors on 
Marine Mammals (Committee) in making these initial, and any subsequent, 
determinations.
    (4) Incomplete applications will be returned with explanation. If 
the applicant fails to resubmit a complete application or correct the 
identified deficiencies within 60 days, the application will be deemed 
withdrawn. Applications that propose activities inconsistent with this 
subpart will be returned with explanation, and will not be considered 
further.
    (d) Notice of receipt and application review. (1) Upon receipt of a 
valid, complete application, and the preparation of any NEPA 
documentation that has been determined initially to be required, the 
Office Director will publish a notice of receipt in the Federal 
Register. The notice will:
    (i) Summarize the application, including:
    (A) The purpose of the request;
    (B) The species and number of marine mammals;
    (C) The type and manner of special exception activity proposed;
    (D) The location(s) in which the marine mammals will be taken, from

[[Page 43]]

which they will be imported, or to which they will be exported; and
    (E) The requested period of the permit.
    (ii) List where the application is available for review.
    (iii) Invite interested parties to submit written comments 
concerning the application within 30 days of the date of the notice.
    (iv) Include a NEPA statement that an initial determination has been 
made that the activity proposed is categorically excluded from the 
requirement to prepare an EA or EIS, that an EA was prepared resulting 
in a finding of no significant impact, or that a final EIS has been 
prepared and is available for review.
    (2) The Office Director will forward a copy of the complete 
application to the Commission for comment. If no comments are received 
within 45 days (or such longer time as the Office Director may 
establish) the Office Director will consider the Commission to have no 
objection to issuing a permit.
    (3) The Office Director may consult with any other person, 
institution, or agency concerning the application.
    (4) Within 30 days of publication of the notice of receipt in the 
Federal Register, any interested party may submit written comments or 
may request a public hearing on the application.
    (5) If the Office Director deems it advisable, the Office Director 
may hold a public hearing within 60 days of publication of the notice of 
receipt in the Federal Register. Notice of the date, time, and place of 
the public hearing will be published in the Federal Register not less 
than 15 days in advance of the public hearing. Any interested person may 
appear in person or through representatives and may submit any relevant 
material, data, views, or comments. A summary record of the hearing will 
be kept.
    (6) The Office Director may extend the period during which any 
interested party may submit written comments. Notice of the extension 
must be published in the Federal Register within 60 days of publication 
of the notice of receipt in the Federal Register.
    (7) If, after publishing a notice of receipt, the Office Director 
determines on the basis of new information that an EA or EIS must be 
prepared, the Office Director must deny the permit unless an EA is 
prepared with a finding of no significant impact. If a permit is denied 
under these circumstances the application may be resubmitted with 
information sufficient to prepare an EA or EIS, and will be processed as 
a new application.
    (e) Issuance or denial procedures. (1) Within 30 days of the close 
of the public hearing or, if no public hearing is held, within 30 days 
of the close of the public comment period, the Office Director will 
issue or deny a special exception permit.
    (2) The decision to issue or deny a permit will be based upon:
    (i) All relevant issuance criteria set forth at Sec. 216.34;
    (ii) All purpose-specific issuance criteria as appropriate set forth 
at Sec. 216.41, Sec. 216.42, and Sec. 216.43;
    (iii) All comments received or views solicited on the permit 
application; and
    (iv) Any other information or data that the Office Director deems 
relevant.
    (3) If the permit is issued, upon receipt, the holder must date and 
sign the permit, and return a copy of the original to the Office 
Director. The permit shall be effective upon the permit holder's signing 
of the permit. In signing the permit, the holder:
    (i) Agrees to abide by all terms and conditions set forth in the 
permit, and all restrictions and relevant regulations under this 
subpart; and
    (ii) Acknowledges that the authority to conduct certain activities 
specified in the permit is conditional and subject to authorization by 
the Office Director.
    (4) Notice of the decision of the Office Director shall be published 
in the Federal Register within 10 days after the date of permit issuance 
or denial and shall indicate where copies of the permit, if issued, may 
be reviewed or obtained. If the permit issued involves marine mammals 
listed as endangered or threatened under the ESA, the notice shall 
include a finding by the Office Director that the permit:
    (i) Was applied for in good faith;

[[Page 44]]

    (ii) If exercised, will not operate to the disadvantage of such 
endangered or threatened species; and
    (iii) Is consistent with the purposes and policy set forth in 
section 2 of the ESA.
    (5) If the permit is denied, the Office Director shall provide the 
applicant with an explanation for the denial.
    (6) Under the MMPA, the Office Director may issue a permit for 
scientific research before the end of the public comment period if 
delaying issuance could result in injury to a species, stock, or 
individual, or in loss of unique research opportunities. The Office 
Director also may waive the 30-day comment period required under the ESA 
in an emergency situation where the health or life of an endangered or 
threatened marine mammal is threatened and no reasonable alternative is 
available. If a permit is issued under these circumstances, notice of 
such issuance before the end of the comment period shall be published in 
the Federal Register within 10 days of issuance.
    (7) The applicant or any party opposed to a permit may seek judicial 
review of the terms and conditions of such permit or of a decision to 
deny such permit. Review may be obtained by filing a petition for review 
with the appropriate U.S. District Court as provided for by law.

[61 FR 21935, May 10, 1996]



Sec. 216.34  Issuance criteria.

    (a) For the Office Director to issue any permit under this subpart, 
the applicant must demonstrate that:
    (1) The proposed activity is humane and does not present any 
unnecessary risks to the health and welfare of marine mammals;
    (2) The proposed activity is consistent with all restrictions set 
forth at Sec. 216.35 and any purpose-specific restrictions as 
appropriate set forth at Sec. 216.41, Sec. 216.42, and Sec. 216.43;
    (3) The proposed activity, if it involves endangered or threatened 
marine mammals, will be conducted consistent with the purposes and 
policies set forth in section 2 of the ESA;
    (4) The proposed activity by itself or in combination with other 
activities, will not likely have a significant adverse impact on the 
species or stock;
    (5) Whether the applicant's expertise, facilities, and resources are 
adequate to accomplish successfully the objectives and activities stated 
in the application;
    (6) If a live animal will be held captive or transported, the 
applicant's qualifications, facilities, and resources are adequate for 
the proper care and maintenance of the marine mammal; and
    (7) Any requested import or export will not likely result in the 
taking of marine mammals or marine mammal parts beyond those authorized 
by the permit.
    (b) The opinions or views of scientists or other persons or 
organizations knowledgeable of the marine mammals that are the subject 
of the application or of other matters germane to the application will 
be considered.

[61 FR 21936, May 10, 1996]



Sec. 216.35  Permit restrictions.

    The following restrictions shall apply to all permits issued under 
this subpart:
    (a) The taking, importation, export, or other permitted activity 
involving marine mammals and marine mammal parts shall comply with the 
regulations of this subpart.
    (b) The maximum period of any special exception permit issued, or 
any major amendment granted, is five years from the effective date of 
the permit or major amendment. In accordance with the provisions of 
Sec. 216.39, the period of a permit may be extended by a minor 
amendment up to 12 months beyond that established in the original 
permit.
    (c) Except as provided for in Sec. 216.41(c)(1)(v), marine mammals 
or marine mammal parts imported under the authority of a permit must be 
taken or imported in a humane manner, and in compliance with the Acts 
and any applicable foreign law. Importation of marine mammals and marine 
mammal parts is subject to the provisions of 50 CFR part 14.
    (d) The permit holder shall not take from the wild any marine mammal 
which at the time of taking is either unweaned or less than eight months

[[Page 45]]

old, or is a part of a mother-calf/pup pair, unless such take is 
specifically authorized in the conditions of the special exception 
permit. Additionally, the permit holder shall not import any marine 
mammal that is pregnant or lactating at the time of taking or import, or 
is unweaned or less than eight months old unless such import is 
specifically authorized in the conditions of the special exception 
permit.
    (e) Captive marine mammals shall not be released into the wild 
unless specifically authorized by the Office Director under a scientific 
research or enhancement permit.
    (f) The permit holder is responsible for all activities of any 
individual who is operating under the authority of the permit;
    (g) Individuals conducting activities authorized under the permit 
must possess qualifications commensurate with their duties and 
responsibilities, or must be under the direct supervision of a person 
with such qualifications;
    (h) Persons who require state or Federal licenses to conduct 
activities authorized under the permit must be duly licensed when 
undertaking such activities;
    (i) Special exception permits are not transferable or assignable to 
any other person, and a permit holder may not require any direct or 
indirect compensation from another person in return for requesting 
authorization for such person to conduct the taking, import, or export 
activities authorized under the subject permit;
    (j) The permit holder or designated agent shall possess a copy of 
the permit when engaged in a permitted activity, when the marine mammal 
is in transit incidental to such activity, and whenever marine mammals 
or marine mammal parts are in the possession of the permit holder or 
agent. A copy of the permit shall be affixed to any container, package, 
enclosure, or other means of containment, in which the marine mammals or 
marine mammal parts are placed for purposes of transit, supervision, or 
care. For marine mammals held captive and marine mammal parts in 
storage, a copy of the permit shall be kept on file in the holding or 
storage facility.

[61 FR 21936, May 10, 1996]



Sec. 216.36  Permit conditions.

    (a) Specific conditions. (1) Permits issued under this subpart shall 
contain specific terms and conditions deemed appropriate by the Office 
Director, including, but not limited to:
    (i) The number and species of marine mammals that are authorized to 
be taken, imported, exported, or otherwise affected;
    (ii) The manner in which marine mammals may be taken according to 
type of take;
    (iii) The location(s) in which the marine mammals may be taken, from 
which they may be imported, or to which they may be exported, as 
applicable, and, for endangered or threatened marine mammal species to 
be imported or exported, the port of entry or export;
    (iv) The period during which the permit is valid.
    (2) [Reserved]
    (b) Other conditions. In addition to the specific conditions imposed 
pursuant to paragraph (a) of this section, the Office Director shall 
specify any other permit conditions deemed appropriate.

[61 FR 21937, May 10, 1996]



Sec. 216.37  Marine mammal parts.

    With respect to marine mammal parts acquired by take or import 
authorized under a permit issued under this subpart:
    (a) Marine mammal parts are transferrable if:
    (1) The person transferring the part receives no remuneration of any 
kind for the marine mammal part;
    (2) The person receiving the marine mammal part is:
    (i) An employee of NMFS, the U.S. Fish and Wildlife Service, or any 
other governmental agency with conservation and management 
responsibilities, who receives the part in the course of their official 
duties;
    (ii) A holder of a special exception permit which authorizes the 
take, import, or other activity involving the possession of a marine 
mammal part of the same species as the subject part; or
    (iii) In the case of marine mammal parts from a species that is not 
depleted, endangered or threatened, a person who is authorized under 
section

[[Page 46]]

112(c) of the MMPA and subpart C of this part to take or import marine 
mammals or marine mammal parts;
    (iv) Any other person specifically authorized by the Regional 
Director, consistent with the requirements of paragraphs (a)(1) and 
(a)(3) through (6) of this section.
    (3) The marine mammal part is transferred for the purpose of 
scientific research, maintenance in a properly curated, professionally 
accredited scientific collection, or education, provided that, for 
transfers for educational purposes, the recipient is a museum, 
educational institution or equivalent that will ensure that the part is 
available to the public as part of an educational program;
    (4) A unique number assigned by the permit holder is marked on or 
affixed to the marine mammal part or container;
    (5) The person receiving the marine mammal part agrees that, as a 
condition of receipt, subsequent transfers may only occur subject to the 
provisions of paragraph (a) of this section; and
    (6) Within 30 days after the transfer, the person transferring the 
marine mammal part notifies the Regional Director of the transfer, 
including a description of the part, the person to whom the part was 
transferred, the purpose of the transfer, certification that the 
recipient has agreed to comply with the requirements of paragraph (a) of 
this section for subsequent transfers, and, if applicable, the 
recipient's permit number.
    (b) Marine mammal parts may be loaned to another person for a 
purpose described in paragraph (a)(3) of this section and without the 
agreement and notification required under paragraphs (a)(5) and (6) of 
this section, if:
    (1) A record of the loan is maintained; and
    (2) The loan is for not more than one year. Loans for a period 
greater than 12 months, including loan extensions or renewals, require 
notification of the Regional Director under paragraph (a)(6).
    (c) Unless other disposition is specified in the permit, a holder of 
a special exception permit may retain marine mammal parts not destroyed 
or otherwise disposed of during or after a scientific research or 
enhancement activity, if such marine mammal parts are:
    (1) Maintained as part of a properly curated, professionally 
accredited collection; or
    (2) Made available for purposes of scientific research or 
enhancement at the request of the Office Director.
    (d) Marine mammal parts may be exported and subsequently reimported 
by a permit holder or subsequent authorized recipient, for the purpose 
of scientific research, maintenance in a properly curated, 
professionally accredited scientific collection, or education, provided 
that:
    (1) The permit holder or other person receives no remuneration for 
the marine mammal part;
    (2) A unique number assigned by the permit holder is marked on or 
affixed to the marine mammal specimen or container;
    (3) The marine mammal part is exported or reimported in compliance 
with all applicable domestic and foreign laws;
    (4) If exported or reimported for educational purposes, the 
recipient is a museum, educational institution, or equivalent that will 
ensure that the part is available to the public as part of an 
educational program; and
    (5) Special reports are submitted within 30 days after both export 
and reimport as required by the Office Director under Sec. 216.38.

[61 FR 21937, May 10, 1996]



Sec. 216.38  Reporting.

    All permit holders must submit annual, final, and special reports in 
accordance with the requirements established in the permit, and any 
reporting format established by the Office Director.

[61 FR 21937, May 10, 1996]



Sec. 216.39  Permit amendments.

    (a) General. Special exception permits may be amended by the Office 
Director. Major and minor amendments may be made to permits in response 
to, or independent of, a request from the permit holder. Amendments must 
be consistent with the Acts and comply with

[[Page 47]]

the applicable provisions of this subpart.
    (1) A major amendment means any change to the permit specific 
conditions under Sec. 216.36(a) regarding:
    (i) The number and species of marine mammals that are authorized to 
be taken, imported, exported, or otherwise affected;
    (ii) The manner in which these marine mammals may be taken, 
imported, exported, or otherwise affected, if the proposed change may 
result in an increased level of take or risk of adverse impact;
    (iii) The location(s) in which the marine mammals may be taken, from 
which they may be imported, and to which they may be exported, as 
applicable; and
    (iv) The duration of the permit, if the proposed extension would 
extend the duration of the permit more than 12 months beyond that 
established in the original permit.
    (2) A minor amendment means any amendment that does not constitute a 
major amendment.
    (b) Amendment requests and proposals. (1) Requests by a permit 
holder for an amendment must be submitted in writing and include the 
following:
    (i) The purpose and nature of the amendment;
    (ii) Information, not previously submitted as part of the permit 
application or subsequent reports, necessary to determine whether the 
amendment satisfies all issuance criteria set forth at Sec. 216.34, 
and, as appropriate, Sec. 216.41, Sec. 216.42, and Sec. 216.43.
    (iii) Any additional information required by the Office Director for 
purposes of reviewing the proposed amendment.
    (2) If an amendment is proposed by the Office Director, the permit 
holder will be notified of the proposed amendment, together with an 
explanation.
    (c) Review of proposed amendments--(1) Major amendments. The 
provisions of Sec. 216.33(d) and (e) governing notice of receipt, 
review and decision shall apply to all proposed major amendments.
    (2) Minor amendments. (i) After reviewing all appropriate 
information, the Office Director will provide the permit holder with 
written notice of the decision on a proposed or requested amendment, 
together with an explanation for the decision.
    (ii) If the minor amendment extends the duration of the permit 12 
months or less from that established in the original permit, notice of 
the minor amendment will be published in the Federal Register within 10 
days from the date of the Office Director's decision.
    (iii) A minor amendment will be effective upon a final decision by 
the Office Director.

[61 FR 21937, May 10, 1996]



Sec. 216.40  Penalties and permit sanctions.

    (a) Any person who violates any provision of this subpart or permit 
issued thereunder is subject to civil and criminal penalties, permit 
sanctions and forfeiture as authorized under the Acts, and 15 CFR part 
904.
    (b) All special exception permits are subject to suspension, 
revocation, modification and denial in accordance with the provisions of 
subpart D of 15 CFR part 904.

[61 FR 21938, May 10, 1996]



Sec. 216.41  Permits for scientific research and enhancement.

    In addition to the requirements under Sec. Sec. 216.33 through 
216.38, permits for scientific research and enhancement are governed by 
the following requirements:
    (a) Applicant. (1) For each application submitted under this 
section, the applicant shall be the principal investigator responsible 
for the overall research or enhancement activity. If the research or 
enhancement activity will involve a periodic change in the principal 
investigator or is otherwise controlled by and dependent upon another 
entity, the applicant may be the institution, governmental entity, or 
corporation responsible for supervision of the principal investigator.
    (2) For any scientific research involving captive maintenance, the 
application must include supporting documentation from the person 
responsible for the facility or other temporary enclosure.

[[Page 48]]

    (b) Issuance Criteria. For the Office Director to issue any 
scientific research or enhancement permit, the applicant must 
demonstrate that:
    (1) The proposed activity furthers a bona fide scientific or 
enhancement purpose;
    (2) If the lethal taking of marine mammals is proposed:
    (i) Non-lethal methods for conducting the research are not feasible; 
and
    (ii) For depleted, endangered, or threatened species, the results 
will directly benefit that species or stock, or will fulfill a 
critically important research need.
    (3) Any permanent removal of a marine mammal from the wild is 
consistent with any applicable quota established by the Office Director.
    (4) The proposed research will not likely have significant adverse 
effects on any other component of the marine ecosystem of which the 
affected species or stock is a part.
    (5) For species or stocks designated or proposed to be designated as 
depleted, or listed or proposed to be listed as endangered or 
threatened:
    (i) The proposed research cannot be accomplished using a species or 
stock that is not designated or proposed to be designated as depleted, 
or listed or proposed to be listed as threatened or endangered;
    (ii) The proposed research, by itself or in combination with other 
activities will not likely have a long-term direct or indirect adverse 
impact on the species or stock;
    (iii) The proposed research will either:
    (A) Contribute to fulfilling a research need or objective identified 
in a species recovery or conservation plan, or if there is no 
conservation or recovery plan in place, a research need or objective 
identified by the Office Director in stock assessments established under 
section 117 of the MMPA;
    (B) Contribute significantly to understanding the basic biology or 
ecology of the species or stock, or to identifying, evaluating, or 
resolving conservation problems for the species or stock; or
    (C) Contribute significantly to fulfilling a critically important 
research need.
    (6) For proposed enhancement activities:
    (i) Only living marine mammals and marine mammal parts necessary for 
enhancement of the survival, recovery, or propagation of the affected 
species or stock may be taken, imported, exported, or otherwise affected 
under the authority of an enhancement permit. Marine mammal parts would 
include in this regard clinical specimens or other biological samples 
required for the conduct of breeding programs or the diagnosis or 
treatment of disease.
    (ii) The activity will likely contribute significantly to 
maintaining or increasing distribution or abundance, enhancing the 
health or welfare of the species or stock, or ensuring the survival or 
recovery of the affected species or stock in the wild.
    (iii) The activity is consistent with:
    (A) An approved conservation plan developed under section 115(b) of 
the MMPA or recovery plan developed under section 4(f) of the ESA for 
the species or stock; or
    (B) If there is no conservation or recovery plan, with the Office 
Director's evaluation of the actions required to enhance the survival or 
recovery of the species or stock in light of the factors that would be 
addressed in a conservation or recovery plan.
    (iv) An enhancement permit may authorize the captive maintenance of 
a marine mammal from a threatened, endangered, or depleted species or 
stock only if the Office Director determines that:
    (A) The proposed captive maintenance will likely contribute directly 
to the survival or recovery of the species or stock by maintaining a 
viable gene pool, increasing productivity, providing necessary 
biological information, or establishing animal reserves required to 
support directly these objectives; and
    (B) The expected benefit to the species or stock outweighs the 
expected benefits of alternatives that do not require removal of marine 
mammals from the wild.
    (v) The Office Director may authorize the public display of marine 
mammals held under the authority of an enhancement permit only if:

[[Page 49]]

    (A) The public display is incidental to the authorized captive 
maintenance;
    (B) The public display will not interfere with the attainment of the 
survival or recovery objectives;
    (C) The marine mammals will be held consistent with all requirements 
and standards that are applicable to marine mammals held under the 
authority of the Acts and the Animal Welfare Act, unless the Office 
Director determines that an exception is necessary to implement an 
essential enhancement activity; and
    (D) The marine mammals will be excluded from any interactive program 
and will not be trained for performance.
    (vi) The Office Director may authorize non-intrusive scientific 
research to be conducted while a marine mammal is held under the 
authority of an enhancement permit, only if such scientific research:
    (A) Is incidental to the permitted enhancement activities; and
    (B) Will not interfere with the attainment of the survival or 
recovery objectives.
    (c) Restrictions. (1) The following restrictions apply to all 
scientific research permits issued under this subpart:
    (i) Research activities must be conducted in the manner authorized 
in the permit.
    (ii) Research results shall be published or otherwise made available 
to the scientific community in a reasonable period of time.
    (iii) Research activities must be conducted under the direct 
supervision of the principal investigator or a co-investigator 
identified in the permit.
    (iv) Personnel involved in research activities shall be reasonable 
in number and limited to:
    (A) Individuals who perform a function directly supportive of and 
necessary to the permitted research activity; and
    (B) Support personnel included for the purpose of training or as 
backup personnel for persons described in paragraph (c)(1)(iv)(A).
    (v) Any marine mammal part imported under the authority of a 
scientific research permit must not have been obtained as the result of 
a lethal taking that would be inconsistent with the Acts, unless 
authorized by the Office Director.
    (vi) Marine mammals held under a permit for scientific research 
shall not be placed on public display, included in an interactive 
program or activity, or trained for performance unless such activities:
    (A) Are necessary to address scientific research objectives and have 
been specifically authorized by the Office Director under the scientific 
research permit; and
    (B) Are conducted incidental to and do not in any way interfere with 
the permitted scientific research; and
    (C) Are conducted in a manner consistent with provisions applicable 
to public display, unless exceptions are specifically authorized by the 
Office Director.
    (vii) Any activity conducted incidental to the authorized scientific 
research activity must not involve any taking of marine mammals beyond 
what is necessary to conduct the research (i.e., educational and 
commercial photography).
    (2) Any marine mammal or progeny held in captive maintenance under 
an enhancement permit shall be returned to its natural habitat as soon 
as feasible, consistent with the terms of the enhancement permit and the 
objectives of an approved conservation or recovery plan. In accordance 
with section 10(j) of the ESA, the Office Director may authorize the 
release of any population of an endangered or threatened species outside 
the current range of such species if the Office Director determines that 
such release will further the conservation of such species.

[61 FR 21938, May 10, 1996]



Sec. 216.42  Photography. [Reserved]



Sec. 216.43  Public display. [Reserved]



Sec. 216.44  Applicability/transition.

    (a) General. The regulations of this subpart are applicable to all 
persons, including persons holding permits or other authorizing 
documents issued before June 10, 1996, by NMFS for the take, import, 
export, or conduct of any otherwise prohibited activity involving

[[Page 50]]

a marine mammal or marine mammal part for special exception purposes.
    (b) Scientific research. Any intrusive research as defined in Sec. 
216.3, initiated after June 10, 1996, must be authorized under a 
scientific research permit. Intrusive research authorized by the Office 
Director to be conducted on captive marine mammals held for public 
display purposes prior to June 10, 1996, must be authorized under a 
scientific research permit one year after June 10, 1996.

[61 FR 21939, May 10, 1996]



Sec. 216.45  General Authorization for Level B harassment for 
scientific research.

    (a) General Authorization. (1) Persons are authorized under section 
104(c)(3)(C) of the MMPA to take marine mammals in the wild by Level B 
harassment, as defined in Sec. 216.3, for purposes of bona fide 
scientific research Provided, That:
    (i) They submit a letter of intent in accordance with the 
requirements of paragraph (b) of this section, receive confirmation that 
the General Authorization applies in accordance with paragraph (c) of 
this section, and comply with the terms and conditions of paragraph (d) 
of this section; or
    (ii) If such marine mammals are listed as endangered or threatened 
under the ESA, they have been issued a permit under Section 10(a)(1)(A) 
of the ESA and implementing regulations at 50 CFR parts 217-227, 
particularly at Sec. 222.23 through Sec. 222.28, to take marine 
mammals in the wild for the purpose of scientific research, the taking 
authorized under the permit involves such Level B harassment of marine 
mammals or marine mammal stocks, and they comply with the terms and 
conditions of that permit.
    (2) Except as provided under paragraph (a)(1)(ii) of this section, 
no taking, including harassment, of marine mammals listed as threatened 
or endangered under the ESA is authorized under the General 
Authorization. Marine mammals listed as endangered or threatened under 
the ESA may be taken for purposes of scientific research only after 
issuance of a permit for such activities pursuant to the ESA.
    (3) The following types of research activities will likely qualify 
for inclusion under the General Authorization: Photo-identification 
studies, behavioral observations, and vessel and aerial population 
surveys (except aerial surveys over pinniped rookeries at altitudes of 
less than 1,000 ft).
    (b) Letter of intent. Except as provided under paragraph (a)(1)(ii) 
of this section, any person intending to take marine mammals in the wild 
by Level B harassment for purposes of bona fide scientific research 
under the General Authorization must submit, at least 60 days before 
commencement of such research, a letter of intent by certified return/
receipt mail to the Chief, Permits Division, F/PR1, Office of Protected 
Resources, NMFS, 1335 East-West Highway, Silver Spring, MD 20910-3226.
    (1) The letter of intent must be submitted by the principal 
investigator (who shall be deemed the applicant). For purposes of this 
section, the principal investigator is the individual who is responsible 
for the overall research project, or the institution, governmental 
entity, or corporation responsible for supervision of the principal 
investigator.
    (2) The letter of intent must include the following information:
    (i) The name, address, telephone number, qualifications and 
experience of the applicant and any co-investigator(s) to be conducting 
the proposed research, and a curriculum vitae for each, including a list 
of publications by each such investigator relevant to the objectives, 
methodology, or other aspects of the proposed research;
    (ii) The species or stocks of marine mammals (common and scientific 
names) that are the subject of the scientific research and any other 
species or stock of marine mammals that may be harassed during the 
conduct of the research;
    (iii) The geographic location(s) in which the research is to be 
conducted, e.g., geographic name or lat./long.;
    (iv) The period(s) of time over which the research will be conducted 
(up to five years), including the field season(s) for the research, if 
applicable;

[[Page 51]]

    (v) The purpose of the research, including a description of how the 
proposed research qualifies as bona fide research as defined in Sec. 
216.3; and
    (vi) The methods to be used to conduct the research.
    (3) The letter of intent must be signed, dated, and certified by the 
applicant as follows:

    In accordance with section 104(c)(3)(C) of the Marine Mammal 
Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.) and 
implementing regulations (50 CFR part 216), I hereby notify the National 
Marine Fisheries Service of my intent to conduct research involving only 
Level B harassment on marine mammals in the wild, and request 
confirmation that the General Authorization for Level B Harassment for 
Scientific Research applies to the proposed research as described 
herein. I certify that the information in this letter of intent is 
complete, true, and correct to the best of my knowledge and belief, and 
I understand that any false statement may subject me to the criminal 
penalties of 18 U.S.C. 1001, or penalties under the MMPA and 
implementing regulations. I acknowledge and accept that authority to 
conduct scientific research on marine mammals in the wild under the 
General Authorization is a limited conditional authority restricted to 
Level B harassment only, and that any other take of marine mammals, 
including the conduct of any activity that has the potential to injure 
marine mammals (i.e., Level A harassment), may subject me to penalties 
under the MMPA and implementing regulations.

    (c) Confirmation that the General Authorization applies or 
notification of permit requirement. (1) Not later than 30 days after 
receipt of a letter of intent as described in paragraph (b) of this 
section, the Chief, Permits Division, NMFS will issue a letter to the 
applicant either:
    (i) Confirming that the General Authorization applies to the 
proposed scientific research as described in the letter of intent;
    (ii) Notifying the applicant that all or part of the research 
described in the letter of intent is likely to result in a taking of a 
marine mammal in the wild involving other than Level B harassment and, 
as a result, cannot be conducted under the General Authorization, and 
that a scientific research permit is required to conduct all or part of 
the subject research; or
    (iii) Notifying the applicant that the letter of intent fails to 
provide sufficient information and providing a description of the 
deficiencies, or notifying the applicant that the proposed research as 
described in the letter of intent is not bona fide research as defined 
in Sec. 216.3.
    (2) A copy of each letter of intent and letter confirming that the 
General Authorization applies or notifying the applicant that it does 
not apply will be forwarded to the Marine Mammal Commission.
    (3) Periodically, NMFS will publish a summary document in the 
Federal Register notifying the public of letters of confirmation issued.
    (d) Terms and conditions. Persons issued letters of confirmation in 
accordance with paragraph (c) of this section are responsible for 
complying with the following terms and conditions:
    (1) Activities are limited to those conducted for the purposes, by 
the means, in the locations, and during the periods of time described in 
the letter of intent and acknowledged as authorized under the General 
Authorization in the confirmation letter sent pursuant to paragraph (c) 
of this section;
    (2) Annual reports of activities conducted under the General 
Authorization must be submitted to the Chief, Permits Division (address 
listed in paragraph (b) of this section) within 90 days of completion of 
the last field season(s) during the calendar year or, if the research is 
not conducted during a defined field season, no later than 90 days after 
the anniversary date of the letter of confirmation issued under 
paragraph (c) of this section. Annual reports must include:
    (i) A summary of research activities conducted;
    (ii) Identification of the species and number of each species taken 
by Level B harassment;
    (iii) An evaluation of the progress made in meeting the objectives 
of the research as described in the letter of intent; and
    (iv) Any incidental scientific, educational, or commercial uses of 
photographs, videotape, and film obtained as a result of or incidental 
to the research and if so, names of all photographers.
    (3) Authorization to conduct research under the General 
Authorization is for the period(s) of time identified in the

[[Page 52]]

letter of intent or for a period of 5 years from the date of the letter 
of confirmation issued under paragraph (c) of this section, whichever is 
less, unless extended by the Director or modified, suspended, or revoked 
in accordance with paragraph (e) of this section;
    (4) Activities conducted under the General Authorization may only be 
conducted under the on-site supervision of the principal investigator or 
co-investigator(s) named in the letter of intent. All personnel involved 
in the conduct of activities under the General Authorization must 
perform a function directly supportive of and necessary for the research 
being conducted, or be one of a reasonable number of support personnel 
included for the purpose of training or as back-up personnel;
    (5) The principal investigator must notify the appropriate Regional 
Director, NMFS, (Regional Director) in writing at least 2 weeks before 
initiation of on-site activities. The Regional Director shall consider 
this information in efforts to coordinate field research activities to 
minimize adverse impacts on marine mammals in the wild. The principal 
investigator must cooperate with coordination efforts by the Regional 
Director in this regard;
    (6) If research activities result in a taking which exceeds Level B 
harassment, the applicant shall:
    (i) Report the taking within 12 hours to the Director, Office of 
Protected Resources, or his designee as set forth in the letter 
authorizing research; and
    (ii) Temporarily discontinue for 72 hours all field research 
activities that resulted in the taking. During this time period, the 
applicant shall consult with NMFS as to the circumstances surrounding 
the taking and any precautions necessary to prevent future taking, and 
may agree to amend the research protocol, as deemed necessary by NMFS.
    (7) NMFS may review scientific research conducted pursuant to the 
General Authorization. If requested by NMFS, the applicant must 
cooperate with any such review and shall:
    (i) Allow any employee of NOAA or any other person designated by the 
Director, Office of Protected Resources to observe research activities; 
and
    (ii) Provide any documents or other information relating to the 
scientific research;
    (8) Any photographs, videotape, or film obtained during the conduct 
of research under the General Authorization must be identified by a 
statement that refers to the General Authorization or ESA permit number, 
and includes the file number provided by NMFS in the confirmation 
letter, the name of the photographer, and the date the image was taken. 
This statement must accompany the image(s) in all subsequent uses or 
sales. The annual report must note incidental scientific, educational, 
or commercial uses of the images, and if there are any such uses, the 
names of all photographers; and
    (9) Persons conducting scientific research under authority of the 
General Authorization may not transfer or assign any authority granted 
thereunder to any other person.
    (e) Suspension, revocation, or modification. (1) NMFS may suspend, 
revoke, or modify the authority to conduct scientific research under the 
General Authorization if:
    (i) The letter of intent included false information or statements of 
a material nature;
    (ii) The research does not constitute bona fide scientific research;
    (iii) Research activities result in takings of marine mammals other 
than by Level B harassment;
    (iv) Research activities differ from those described in the letter 
of intent submitted by the applicant and letter of confirmation issued 
by NMFS; or
    (v) The applicant violates any term or condition set forth in this 
section.
    (2) Any suspension, revocation, or modification is subject to the 
requirements of 15 CFR part 904.

[59 FR 50376, Oct. 3, 1994]



Sec. 216.46  U.S. citizens on foreign flag vessels operating under the 
International Dolphin Conservation Program.

    The MMPA's provisions do not apply to a citizen of the United States 
who incidentally takes any marine mammal during fishing operations in 
the

[[Page 53]]

ETP which are outside the U.S. exclusive economic zone (as defined in 
section 3 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1802)), while employed on a fishing vessel of a 
harvesting nation that is participating in, and in compliance with, the 
IDCP.

[65 FR 56, Jan. 3, 2000]



Sec. 216.47  Access to marine mammal tissue, analyses, and data.

    (a) Applications for the National Marine Mammal Tissue Bank samples 
(NMMTB). (1) A principal investigator, contributor or holder of a 
scientific research permit issued in accordance with the provisions of 
this subpart may apply for access to a tissue specimen sample in the 
NMMTB. Applicants for tissue specimen samples from the NMMTB must submit 
a signed written request with attached study plan to the Marine Mammal 
Health and Stranding Response Program (MMHSRP) Program Manager, Office 
of Protected Resources, NMFS. The written request must include:
    (i) A clear and concise statement of the proposed use of the banked 
tissue specimen. The applicant must demonstrate that the proposed use of 
the banked tissue is consistent with the goals of the NMMTB and the 
MMHSRP.
    (A) The goals of the MMHSRP are to facilitate the collection and 
dissemination of reference data on marine mammals and health trends of 
marine mammal populations in the wild; to correlate the health of marine 
mammals and marine mammal populations in the wild with available data on 
physical, chemical, and biological environmental parameters; and to 
coordinate effective responses to unusual mortality events.
    (B) The goal of the NMMTB is to maintain quality controlled marine 
mammal tissues that will permit retrospective analyses to determine 
environmental trends of contaminants and other analytes of interest and 
that will provide the highest quality samples for analyses using new and 
innovative techniques.
    (ii) A copy of the applicant's scientific research permit. The 
applicant must demonstrate that the proposed use of the banked tissue is 
authorized by the permit;
    (iii) Name of principal investigator, official title, and affiliated 
research or academic organization;
    (iv) Specific tissue sample and quantity desired;
    (v) Research facility where analyses will be conducted. The 
applicant must demonstrate that the research facility will follow the 
Analytical Quality Assurance (AQA) program, which was designed to ensure 
the accuracy, precision, level of detection, and intercompatibility of 
data resulting from chemical analyses of marine mammal tissues. The AQA 
consists of annual interlaboratory comparisons and the development of 
control materials and standard reference materials for marine mammal 
tissues;
    (vi) Verification that funding is available to conduct the research;
    (vii) Estimated date for completion of research, and schedule/date 
of subsequent reports;
    (viii) Agreement that all research findings based on use of the 
banked tissue will be reported to the NMMTB, MMHSRP Program Manager and 
the contributor; and the sequences of tissue specimen samples that are 
used/released for genetic analyses (DNA sequencing) will be archived in 
the National Center for biotechnology Information's GenBank. Sequence 
accessions in GenBank should document the source, citing a NIST field 
number that indentifies the animal; and
    (ix) Agreement that credit and acknowledgment will be given to U.S. 
Fish and Wildlife Service (USFWS), US Geologic Service (USGS), National 
Institute of Standards and Technology (NIST), the Minerals Management 
Service (MMS), NMFS, the NMMTB, and the collector for use of banked 
tissues.
    (2) The applicant shall insert the following acknowledgment in all 
publications, abstracts, or presentations based on research using the 
banked tissue:
    The specimens used in this study were collected by [the contributor] 
and provided by the National Marine Mammal Tissue Bank, which is 
maintained in the National Biomonitoring Specimen Bank at NIST and which 
is operated under the direction of NMFS with the collaboration of MMS, 
USGS, USFWS, and NIST through the Marine Mammal

[[Page 54]]

Health and Stranding Response Program [and the Alaska Marine Mammal 
Tissue Archival Project if the samples are from Alaska].
    (3) Upon submission of a complete application, the MMHSRP Program 
Manager will send the request and attached study plan to the following 
entities which will function as the review committee:
    (i) Appropriate Federal agency (NMFS or USFWS) marine mammal 
management office for that particular species; and
    (ii) Representatives of the NMMTB Collaborating Agencies (NMFS, 
USFS, USGS Biological Resources Division, and NIST) If no member of the 
review committee is an expert in the field that is related to the 
proposed research activity, any member may request an outside review of 
the proposal, which may be outside of NMFS or USFWS but within the 
Federal Government.
    (4) The MMHSRP Program Manager will send the request and attached 
study plan to any contributor(s) of the tissue specimen sample. The 
contributor(s) of the sample may submit comments on the proposed 
research activity to the Director, Office of Protected Resources within 
30 days of the date that the request was sent to the contributor(s).
    (5) The USFWS Representative of the NMMTB Collaborating Agencies 
will be chair of review committees for requests involving species 
managed by the DOI. The MMHSRP Program Manager will be chair of all 
other review committees.
    (6) Each committee chair will provide recommendations on the request 
and an evaluation of the study plan to the Director, Office of Protected 
Resources, NMFS.
    (7) The Director, Office of Protected Resources, NMFS, will make the 
final decision on release of the samples based on the advice provided by 
the review committee, comments received from any contributor(s) of the 
sample within the time provided in paragraph (a)(4) of this section, and 
determination that the proposed use of the banked tissue specimen is 
consistent with the goals of the MMHSRP and the NMMTB. The Director will 
send a written decision to the applicant and send copies to all review 
committee members. If the samples are released, the response will 
indicate whether the samples have been homogenized and, if not, the 
homogenization schedule.
    (8) The applicant will bear all shipping and homogenization costs 
related to use of any specimens from the NMMTB.
    (9) The applicant will dispose of the tissue specimen sample 
consistent with the provisions of the applicant's scientific research 
permit after the research is completed, unless the requester submits 
another request and receives approval pursuant to this section. The 
request must be submitted within three months after the original project 
has been completed.
    (b) [Reserved]

[69 FR 41979, July 13, 2004]



Sec. Sec. 216.48-216.49  [Reserved]



                       Subpart E_Designated Ports



Sec. 216.50  Importation at designated ports.

    (a) Any marine mammal or marine mammal product which is subject to 
the jurisdiction of the National Marine Fisheries Service, National 
Oceanic and Atmospheric Administration, Department of Commerce and is 
intended for importation into the United States shall be subject to the 
provisions of 50 CFR part 14.
    (b) For the information of importers, designated ports of entry for 
the United States are:

New York, N.Y.
Miami, Fla.
Chicago, Ill.
San Francisco, Calif.
Los Angeles, Calif.
New Orleans, La.
Seattle, Wash.
Honolulu, Hi.

    (c) Additionally, marine mammals or marine mammal products which are 
entered into Alaska, Hawaii, Puerto Rico, Guam, American Samoa or the 
Virgin Islands and which are not to be forwarded or transhipped within 
the United States may be imported through the following ports:

Alaska--Juneau, Anchorage, Fairbanks
Hawaii--Honolulu
Puerto Rico--San Juan
Guam--Honolulu, Hi.

[[Page 55]]

American Samoa--Honolulu, Hi.
Virgin Islands--San Juan, P.R.

    (d) Importers are advised to see 50 CFR part 14 for importation 
requirements and information.

[39 FR 1852, Jan. 15, 1974. Redesignated at 59 FR 50376, Oct. 3, 1994]



       Subpart F_Pribilof Islands, Taking for Subsistence Purposes



Sec. 216.71  Allowable take of fur seals.

    Pribilovians may take fur seals on the Pribilof Islands if such 
taking is
    (a) For subsistence uses, and
    (b) Not accomplished in a wasteful manner.

[51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.72  Restrictions on taking.

    (a) The harvests of seals on St. Paul and St. George Islands shall 
be treated independently for the purposes of this section. Any 
suspension, termination, or extension of the harvest is applicable only 
to the island for which it is issued.
    (b) By April 1 of every third year, beginning April 1994, the 
Assistant Administrator will publish in the Federal Register a summary 
of the preceding 3 years of harvesting and a discussion of the number of 
seals expected to be taken annually over the next 3 years to satisfy the 
subsistence requirements of each island. This discussion will include an 
assessment of factors and conditions on St. Paul and St. George Islands 
that influence the need by Pribilof Aleuts to take seals for subsistence 
uses and an assessment of any changes to those conditions indicating 
that the number of seals that may be taken for subsistence each year 
should be made higher or lower. Following a 30-day public comment 
period, a final notification of the expected annual harvest levels for 
the next 3 years will be published.
    (c)(1) No fur seal may be taken on the Pribilof Islands before June 
23 of each year.
    (2) No fur seal may be taken except by experienced sealers using the 
traditional harvesting methods, including stunning followed immediately 
by exsanguination. The harvesting method shall include organized drives 
of subadult males to killing fields unless it is determined by the NMFS 
representatives, in consultation with the Pribilovians conducting the 
harvest, that alternative methods will not result in increased 
disturbance to the rookery or the increased accidental take of female 
seals.
    (3) Any taking of adult fur seals or pups, or the intentional taking 
of subadult female fur seals is prohibited.
    (4) Only subadult male fur seals 124.5 centimeters or less in length 
may be taken.
    (5) Seals with tags and/or entangling debris may only be taken if so 
directed by NMFS scientists.
    (d) The scheduling of the harvest is at the discretion of the 
Pribilovians, but must be such as to minimize stress to the harvested 
seals. The Pribilovians must give adequate advance notice of their 
harvest schedules to the NMFS representatives to allow for necessary 
monitoring activities. Scheduling must be consistent with the following 
restrictions:
    (1) St. Paul Island--Seals may only be harvested from the following 
haulout areas: Zapadni, English Bay, Northeast Point, Polovina, Lukanin, 
Kitovi, and Reef. No haulout area may be harvested more than once per 
week.
    (2) St. George Island--Seals may only be harvested from the 
following haulout areas: Northeast and Zapadni. Neither haulout area may 
be harvested more than twice per week.
    (e)(1) The Assistant Administrator is required to suspend the take 
provided for in Sec. 215.31 when:
    (i) He determines, after reasonable notice by NMFS representatives 
to the Pribilovians on the island, that the subsistence needs of the 
Pribilovians on the island have been satisfied;

or
    (ii) He determines that the harvest is otherwise being conducted in 
a wasteful manner; or
    (iii) The lower end of the range of the estimated subsistence level 
provided in the notice issued under paragraph (b) of this section is 
reached.
    (2) A suspension based on a determination under paragraph (e)(1)(ii) 
of this section may be lifted by the Assistant Administrator if he finds 
that

[[Page 56]]

the conditions which led to the determination that the harvest was being 
conducted in a wasteful manner have been remedied.
    (3) A suspension issued in accordance with paragraph (e)(1)(iii) of 
this section may not exceed 48 hours in duration and shall be followed 
immediately by a review of the harvest data to determine if a finding 
under paragraph (e)(1)(i) of this section is warranted. If a the harvest 
is not suspended under paragraph (e)(1)(i) of this section, the 
Assistant Administrator must provide a revised estimate of the number of 
seals required to satisfy the Pribilovians' subsistence needs.
    (f) The Assistant Administrator shall terminate the take provided 
for in Sec. 215.31 on August 8 of each year or when it is determined 
under paragraph (e)(1)(i) of this section that the subsistence needs of 
the Pribilovians on the island have been satisfied, whichever occurs 
first.

[51 FR 24840, July 9, 1986, as amended at 57 FR 33902, July 31, 1992; 59 
FR 35474, July 12, 1994. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.73  Disposition of fur seal parts.

    Except for transfers to other Alaskan Natives for barter or sharing 
for personal or family consumption, no part of a fur seal taken for 
subsistence uses may be sold or otherwise transferred to any person 
unless it is a nonedible byproduct which:
    (a) Has been transformed into an article of handicraft, or
    (b) Is being sent by an Alaskan Native directly, or through a 
registered agent, to a tannery registered under 50 CFR 216.23(c) for the 
purpose of processing, and will be returned directly to the Alaskan 
Native for conversion into an article of handicraft, or
    (c) Is being sold or transferred to an Alaskan Native, or to an 
agent registered under 50 CFR 216.23(c) for resale or transfer to an 
Alaskan Native, who will convert the seal part into a handicraft.

[51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.74  Cooperation with Federal officials.

    Pribilovians who engage in the harvest of seals are required to 
cooperate with scientists engaged in fur seal research on the Pribilof 
Islands who may need assistance in recording tag or other data and 
collecting tissue or other fur seal samples for research purposes. In 
addition, Pribilovians who take fur seals for subsistence uses must, 
consistent with 5 CFR 1320.7(k)(3), cooperate with the NMFS 
representatives on the Pribilof Islands who are responsible for 
compiling the following information on a daily basis:
    (a) The number of seals taken each day in the subsistence harvest,
    (b) The extent of the utilization of fur seals taken, and
    (c) Other information determined by the Assistant Administrator to 
be necessary for determining the subsistence needs of the Pribilovians 
or for making determinations under Sec. 215.32(e).

[51 FR 24840, July 9, 1986. Redesignated at 61 FR 11750, Mar. 22, 1996]



                Subpart G_Pribilof Islands Administration



Sec. 216.81  Visits to fur seal rookeries.

    From June 1 to October 15 of each year, no person, except those 
authorized by a representative of the National Marine Fisheries Service, 
or accompanied by an authorized employee of the National Marine 
Fisheries Service, shall approach any fur seal rookery or hauling 
grounds nor pass beyond any posted sign forbidding passage.

[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.82  Dogs prohibited.

    In order to prevent molestation of fur seal herds, the landing of 
any dogs at Pribilof Islands is prohibited.

[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.83  Importation of birds or mammals.

    No mammals or birds, except household cats, canaries and parakeets, 
shall be imported to the Pribilof Islands

[[Page 57]]

without the permission of an authorized representative of the National 
Marine Fisheries Service.

[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.84  [Reserved]



Sec. 216.85  Walrus and Otter Islands.

    By Executive Order 1044, dated February 27, 1909, Walrus and Otter 
Islands were set aside as bird reservations. All persons are prohibited 
to land on these islands except those authorized by the appropriate 
representative of the National Marine Fisheries Service.

[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.86  Local regulations.

    Local regulations will be published from time to time and will be 
brought to the attention of local residents and persons assigned to duty 
on the Islands by posting in public places and brought to the attention 
of tourists by personal notice.

[41 FR 49488, Nov. 9, 1976. Redesignated at 61 FR 11750, Mar. 22, 1996]



Sec. 216.87  Wildlife research.

    (a) Wildlife research, other than research on North Pacific fur 
seals, including specimen collection, may be permitted on the Pribilof 
Islands subject to the following conditions:
    (1) Any person or agency, seeking to conduct such research shall 
first obtain any Federal or State of Alaska permit required for the type 
of research involved.
    (2) Any person seeking to conduct such research shall obtain prior 
approval of the Director, Pribilof Islands Program, National Marine 
Fisheries Service, National Oceanic and Atmospheric Administration, 1700 
Westlake Avenue North, Seattle, WA 98109, by filing with the Director an 
application which shall include:
    (i) Copies of the required Federal and State of Alaska permits; and
    (ii) A resume of the intended research program.
    (3) All approved research shall be subject to all regulations and 
administrative procedures in effect on the Pribilof Islands, and such 
research shall not commence until approval from the Director is 
received.
    (4) Any approved research program shall be subject to such terms and 
conditions as the Director, Pribilof Islands Program deems appropriate.
    (5) Permission to utilize the Pribilof Islands to conduct an 
approved research program may be revoked by the Director, Pribilof 
Islands Program at any time for noncompliance with any terms and 
conditions, or for violations of any regulation or administrative 
procedure in effect on the Pribilof Islands.

[43 FR 5521, Feb. 9, 1978. Redesignated at 61 FR 11750, Mar. 22, 1996]



                  Subpart H_Dolphin Safe Tuna Labeling

    Authority: 16 U.S.C. 1385.



Sec. 216.90  Purposes.

    This subpart governs the requirements for using the official mark 
described in Sec. 216.95 or an alternative mark that refers to 
dolphins, porpoises, or marine mammals, to label tuna or tuna products 
offered for sale in or exported from the United States using the term 
dolphin-safe or suggesting the tuna were harvested in a manner not 
injurious to dolphins.

[69 FR 55307, Sept. 13, 2004]



Sec. 216.91  Dolphin-safe labeling standards.

    (a) It is a violation of Section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45) for any producer, importer, exporter, distributor, or 
seller of any tuna products that are exported from or offered for sale 
in the United States to include on the label of those products the term 
``dolphin-safe'' or any other term or symbol that claims or suggests 
that the tuna contained in the products were harvested using a method of 
fishing that is not harmful to dolphins if the products contain tuna 
harvested:
    (1) ETP large purse seine vessel. In the ETP by a purse seine vessel 
of greater than 400 st (362.8 mt) carrying capacity unless:

[[Page 58]]

    (i) the documentation requirements for dolphin-safe tuna under Sec. 
216.92 and 216.93 are met;
    (ii) No dolphins were killed or seriously injured during the sets in 
which the tuna were caught; and
    (iii) None of the tuna were caught on a trip using a purse seine net 
intentionally deployed on or to encircle dolphins, provided that this 
paragraph (a)(1)(iii) will not apply if the Assistant Administrator 
publishes a notification in the Federal Register announcing a finding 
under 16 U.S.C. 1385(g)(2) that the intentional deployment of purse 
seine nets on or encirclement of dolphins is not having a significant 
adverse impact on any depleted stock.
    (2) Non-ETP purse seine vessel. Outside the ETP by a vessel using a 
purse seine net:
    (i) In a fishery in which the Assistant Administrator has determined 
that a regular and significant association occurs between dolphins and 
tuna (similar to the association between dolphins and tuna in the ETP), 
unless such products are accompanied as described in Sec. 216.24(f)(3) 
by a written statement, executed by the Captain of the vessel and an 
observer participating in a national or international program acceptable 
to the Assistant Administrator, certifying that no purse seine net was 
intentionally deployed on or used to encircle dolphins during the 
particular trip on which the tuna were caught and no dolphins were 
killed or seriously injured in the sets in which the tuna were caught; 
or
    (ii) In any other fishery unless the products are accompanied as 
described in Sec. 216.24(f)(3) by a written statement executed by the 
Captain of the vessel certifying that no purse seine net was 
intentionally deployed on or used to encircle dolphins during the 
particular trip on which the tuna was harvested;
    (3) Driftnet. By a vessel engaged in large-scale driftnet fishing; 
or
    (4) Other fisheries. By a vessel in a fishery other than one 
described in paragraphs (a)(1) through (a)(3) of this section that is 
identified by the Assistant Administrator as having a regular and 
significant mortality or serious injury of dolphins, unless such product 
is accompanied as described in Sec. 216.24(f)(3) by a written 
statement, executed by the Captain of the vessel and an observer 
participating in a national or international program acceptable to the 
Assistant Administrator, that no dolphins were killed or seriously 
injured in the sets or other gear deployments in which the tuna were 
caught, provided that the Assistant Administrator determines that such 
an observer statement is necessary.
    (b) It is a violation of section 5 of the Federal Trade Commission 
Act (15 U.S.C. 45) to willingly and knowingly use a label referred to in 
this section in a campaign or effort to mislead or deceive consumers 
about the level of protection afforded dolphins under the IDCP.
    (c) A tuna product that is labeled with the official mark, described 
in Sec. 216.95, may not be labeled with any other label or mark that 
refers to dolphins, porpoises, or marine mammals.

[69 FR 55307, Sept. 13, 2004, as amended at 74 FR 1617, Jan. 13, 2009]



Sec. 216.92  Dolphin-safe requirements for tuna harvested in the ETP 
by large purse seine vessels.

    (a) U.S. vessels. Tuna products that contain tuna harvested by U.S. 
flag purse seine vessels of greater than 400 st (362.8 mt) carrying 
capacity in the ETP may be labeled dolphin-safe only if the following 
requirements are met:
    (1) Tuna Tracking Forms containing a complete record of all the 
fishing activities on the trip, certified by the vessel Captain and the 
observer, are submitted to the Administrator, Southwest Region, at the 
end of the fishing trip during which the tuna was harvested;
    (2) The tuna is delivered for processing to a U.S. tuna processor in 
a plant located in one of the 50 states, Puerto Rico, or American Samoa 
that is in compliance with the tuna tracking and verification 
requirements of Sec. 216.93; and
    (3) The tuna or tuna products meet the dolphin-safe labeling 
standards under Sec. 216.91.
    (b) Imported tuna. (1) Yellowfin tuna or tuna products harvested in 
the ETP by vessels of greater than 400 st (362.8 mt) carrying capacity 
and presented for import into the United States may

[[Page 59]]

be labeled dolphin-safe only if the yellowfin tuna was harvested by a 
U.S. vessel fishing in compliance with the requirements of the IDCP and 
applicable U.S. law, or by a vessel belonging to a nation that has 
obtained an affirmative finding under Sec. 216.24(f)(8).
    (2) Tuna or tuna products, other than yellowfin tuna, harvested in 
the ETP by purse seine vessels of greater than 400 st (362.8 mt) 
carrying capacity and presented for import into the United States may be 
labeled dolphin-safe only if:
    (i) The tuna was harvested by a U.S. vessel fishing in compliance 
with the requirements of the IDCP and applicable U.S. law, or by a 
vessel belonging to a nation that is a Party to the Agreement on the 
IDCP or has applied to become a Party and is adhering to all the 
requirements of the Agreement on the IDCP Tuna Tracking and Verification 
Plan;
    (ii) The tuna or tuna products are accompanied as described in Sec. 
216.24(f)(3) by a properly completed FCO; and
    (iii) The tuna or tuna products are accompanied as described in 
Sec. 216.24(f)(3) by valid documentation signed by a representative of 
the appropriate IDCP member nation, containing the harvesting vessel 
names and tuna tracking form numbers represented in the shipment, and 
certifying that:
    (A) There was an IDCP approved observer on board the vessel(s) 
during the entire trip(s); and
    (B) The tuna contained in the shipment were caught according to the 
dolphin-safe labeling standards of Sec. 216.91.

[69 FR 55307, Sept. 13, 2004, as amended at 74 FR 1617, Jan. 13, 2009]



Sec. 216.93  Tracking and verification program.

    The Administrator, Southwest Region, has established a national 
tracking and verification program to accurately document the dolphin-
safe condition of tuna, under the standards set forth in Sec. Sec. 
216.91 and 216.92. The tracking program includes procedures and reports 
for use when importing tuna into the United States and during U.S. purse 
seine fishing, processing, and marketing in the United States and 
abroad. Verification of tracking system operations is attained through 
the establishment of audit and document review requirements. The 
tracking program is consistent with the international tuna tracking and 
verification program adopted by the Parties to the Agreement on the 
IDCP.
    (a) Tuna tracking forms. Whenever a U.S. flag tuna purse seine 
vessel of greater than 400 st (362.8 mt) carrying capacity fishes in the 
ETP, IDCP approved Tuna Tracking Forms (TTFs), bearing a unique number 
assigned to that trip, are used by the observer to record every set made 
during that trip. One TTF is used to record dolphin-safe sets and a 
second TTF is used to record non-dolphin-safe sets. The information 
entered on the TTFs following each set includes the date, well number, 
weights by species composition, estimated tons loaded, and additional 
notes, if any. The observer and the vessel engineer initial the entry as 
soon as possible following each set, and the vessel captain and observer 
review and sign both TTFs at the end of the fishing trip certifying that 
the information on the forms is accurate. TTFs are confidential official 
documents of the IDCP, consistent with Article XVIII of the Agreement on 
the IDCP, and the Agreement on the IDCP Rules of Confidentiality.
    (b) Dolphin-Safe Certification. Upon request, the Office of the 
Administrator, Southwest Region, will provide written certification that 
tuna harvested by U.S. purse seine vessels greater than 400 st (362.8 
mt) carrying capacity is dolphin-safe, but only if NMFS' review of the 
TTFs for the subject trip shows that the tuna for which the 
certification is requested is dolphin-safe under the requirements of the 
Agreement on the IDCP and U.S. law.
    (c) Tracking fishing operations. (1) During ETP fishing trips by 
purse seine vessels greater than 400 st (362.8 mt) carrying capacity, 
tuna caught in sets designated as dolphin-safe by the vessel observer 
must be stored separately from tuna caught in non-dolphin-safe sets from 
the time of capture through unloading. Vessel personnel will decide into 
which wells tuna will be loaded. The observer will initially designate 
whether each set is dolphin-safe or not, based on his/her observation of 
the set.

[[Page 60]]

The observer will initially identify a vessel fish well as dolphin-safe 
if the first tuna loaded into the well during a trip was captured in a 
set in which no dolphin died or was seriously injured. The observer will 
initially identify a vessel fish well as non-dolphin-safe if the first 
tuna loaded into the well during a trip was captured in a set in which a 
dolphin died or was seriously injured. Any tuna loaded into a well 
previously designated non-dolphin-safe is considered non-dolphin-safe 
tuna. The observer will change the designation of a dolphin-safe well to 
non-dolphin-safe if any tuna are loaded into the well that were captured 
in a set in which a dolphin died or was seriously injured.
    (2) The captain, managing owner, or vessel agent of a U.S. purse 
seine vessel greater than 400 st (362.8 mt) returning to port from a 
trip, any part of which included fishing in the ETP, must provide at 
least 48 hours notice of the vessel's intended place of landing, arrival 
time, and schedule of unloading to the Administrator, Southwest Region.
    (3) If the trip terminates when the vessel enters port to unload 
part or all of its catch, new TTFs will be assigned to the new trip, and 
any information concerning tuna retained on the vessel will be recorded 
as the first entry on the TTFs for the new trip. If the trip is not 
terminated following a partial unloading, the vessel will retain the 
original TTFs and submit a copy of those TTFs to the Administrator, 
Southwest Region, within 5 working days. In either case, the species and 
amount unloaded will be noted on the respective originals.
    (4) Tuna offloaded to trucks, storage facilities, or carrier vessels 
must be loaded or stored in such a way as to maintain and safeguard the 
identification of the dolphin-safe or non-dolphin-safe designation of 
the tuna as it left the fishing vessel.
    (5) The handling of TTFs and the tracking and verification of tuna 
caught in the Convention Area by a U.S. purse seine vessel greater than 
400 st (362.8 mt) carrying capacity shall be conducted consistent with 
the international tuna tracking and verification program adopted by the 
Parties to the Agreement on the IDCP.
    (d) Tracking cannery operations. (1) Whenever a U.S. tuna canning 
company in the 50 states, Puerto Rico, or American Samoa receives a 
domestic or imported shipment of ETP caught tuna for processing, a NMFS 
representative may be present to monitor delivery and verify that 
dolphin-safe and non-dolphin-safe tuna are clearly identified and remain 
segregated. Such inspections may be scheduled or unscheduled, and 
canners must allow the NMFS representative access to all areas and 
records.
    (2) Tuna processors must submit a report to the Administrator, 
Southwest Region, of all tuna received at their processing facilities in 
each calendar month whether or not the tuna is actually canned or stored 
during that month. Monthly cannery receipt reports must be submitted 
electronically or by mail before the last day of the month following the 
month being reported. Monthly reports must contain the following 
information:
    (i) Domestic receipts: dolphin-safe status, species, condition 
(round, loin, dressed, gilled and gutted, other), weight in short tons 
to the fourth decimal, ocean area of capture (ETP, western Pacific, 
Indian, eastern and western Atlantic, other), catcher vessel, trip 
dates, carrier name, unloading dates, and location of unloading.
    (ii) Import receipts: In addition to the information required in 
paragraph (d)(2)(i) of this section, a copy of the FCO for each imported 
receipt must be provided.
    (3) Tuna processors must report on a monthly basis the amounts of 
ETP-caught tuna that were immediately utilized upon receipt or removed 
from cold storage. This report may be submitted in conjunction with the 
monthly report required in paragraph (d)(2) of this section. This report 
must contain:
    (i) The date of removal from cold storage or disposition;
    (ii) Storage container or lot identifier number(s) and dolphin-safe 
or non-dolphin-safe designation of each container or lot; and
    (iii) Details of the disposition of fish (for example, canning, 
sale, rejection, etc.).
    (4) During canning activities, non-dolphin-safe tuna may not be 
mixed in

[[Page 61]]

any manner or at any time during processing with any dolphin-safe tuna 
or tuna products and may not share the same storage containers, cookers, 
conveyers, tables, or other canning and labeling machinery.
    (e) Tracking imports. All tuna products, except fresh tuna, that are 
imported into the United States must be accompanied as described in 
Sec. 216.24(f)(3) by a properly certified FCO as required by Sec. 
216.24(f)(2). For tuna tracking purposes, copies of FCOs and associated 
certifications must be submitted by the importer of record to the 
Administrator, Southwest Region, within 10 calendar days of the 
shipment's entry into the commerce of the United States as required by 
Sec. 216.24 (f)(3)(ii).
    (f) Verification requirements--(1) Record maintenance. Any exporter, 
transshipper, importer, processor, or wholesaler/distributor of any tuna 
or tuna products must maintain records related to that tuna for at least 
2 years. These records include, but are not limited to: FCOs and 
required certifications, any reports required in paragraphs (a), (b) and 
(d) of this section, invoices, other import documents, and trip reports.
    (2) Record submission. Within 10 calendar days of receiving a 
shipment of tuna or tuna products, any exporter, transshipper, importer, 
processor, or wholesaler/distributor of tuna or tuna products must 
submit to the Administrator, Southwest Region, all corresponding FCOs 
and required certifications for those tuna or tuna products.
    (3) Audits and spot checks. Upon request of the Administrator, 
Southwest Region, any exporter, transshipper, importer, processor, or 
wholesaler/distributor of tuna or tuna products must provide the 
Administrator, Southwest Region, timely access to all pertinent records 
and facilities to allow for audits and spot-checks on caught, landed, 
stored, and processed tuna.
    (g) Confidentiality of proprietary information. Information 
submitted to the Assistant Administrator under this section will be 
treated as confidential in accordance with NOAA Administrative Order 
216-100 ``Protection of Confidential Fisheries Statistics.''

[69 FR 55307, Sept. 13, 2004, as amended at 70 FR 19009, Apr. 12, 2005; 
74 FR 1618, Jan. 13, 2009]



Sec. 216.94  False statements or endorsements.

    Any person who knowingly and willfully makes a false statement or 
false endorsement required by Sec. 216.92 is liable for a civil penalty 
not to exceed $100,000, that may be assessed in an action brought in any 
appropriate District Court of the United States on behalf of the 
Secretary.

[61 FR 27794, June 3, 1996. Redesignated at 69 FR 55307, Sept. 13, 2004]



Sec. 216.95  Official mark for ``Dolphin-safe'' tuna products.

    (a) This is the ``official mark'' (see figure 1) designated by the 
United States Department of Commerce that may be used to label tuna 
products that meet the ``dolphin-safe'' standards set forth in the 
Dolphin Protection Consumer Information Act, 16 U.S.C. 1385, and 
implementing regulations at Sec. Sec. 216.91 through 216.94:

[[Page 62]]

[GRAPHIC] [TIFF OMITTED] TR30MY00.019

    (b) Location and size of the official mark. The official mark on 
labels must allow the consumer to identify the official mark and be 
similar in design and scale to figure 1. A full color version of the 
official mark is available at http://swr.ucsd.edu/dsl.htm.

[65 FR 34410, May 30, 2000. Redesignated at 69 FR 55307, Sept. 13, 2004]



 Subpart I_General Regulations Governing Small Takes of Marine Mammals 
                   Incidental to Specified Activities

    Source: 61 FR 15887, Apr. 10, 1996, unless otherwise noted.



Sec. 216.101  Purpose.

    The regulations in this subpart implement section 101(a)(5) (A) 
through (D) of the Marine Mammal Protection Act of 1972, as amended, 16 
U.S.C. 1371(a)(5), which provides a mechanism for allowing, upon 
request, the incidental, but not intentional, taking of small numbers of 
marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographic region.



Sec. 216.102  Scope.

    The taking of small numbers of marine mammals under section 
101(a)(5) (A) through (D) of the Marine Mammal Protection Act may be 
allowed only if the National Marine Fisheries Service:
    (a) Finds, based on the best scientific evidence available, that the 
total taking by the specified activity during the specified time period 
will have a negligible impact on species or stock of

[[Page 63]]

marine mammal(s) and will not have an unmitigable adverse impact on the 
availability of those species or stocks of marine mammals intended for 
subsistence uses;
    (b) Prescribes either regulations under Sec. 216.106, or 
requirements and conditions contained within an incidental harassment 
authorization issued under Sec. 216.107, setting forth permissible 
methods of taking and other means of effecting the least practicable 
adverse impact on the species or stock of marine mammal and its habitat 
and on the availability of the species or stock of marine mammal for 
subsistence uses, paying particular attention to rookeries, mating 
grounds, and areas of similar significance; and
    (c) Prescribes either regulations or requirements and conditions 
contained within an incidental harassment authorization, as appropriate, 
pertaining to the monitoring and reporting of such taking. The specific 
regulations governing certain specified activities are contained in 
subsequent subparts of this part.



Sec. 216.103  Definitions.

    In addition to definitions contained in the MMPA, and in Sec. 
216.3, and unless the context otherwise requires, in subsequent subparts 
to this part:
    Arctic waters means the marine and estuarine waters north of 60[deg] 
N. lat.
    Citizens of the United States and U.S. citizens mean individual U.S. 
citizens or any corporation or similar entity if it is organized under 
the laws of the United States or any governmental unit defined in 16 
U.S.C. 1362(13). U.S. Federal, state and local government agencies shall 
also constitute citizens of the United States for purposes of this part.
    Incidental harassment, incidental taking and incidental, but not 
intentional, taking all mean an accidental taking. This does not mean 
that the taking is unexpected, but rather it includes those takings that 
are infrequent, unavoidable or accidental. (A complete definition of 
``take'' is contained in Sec. 216.3).
    Negligible impact is an impact resulting from the specified activity 
that cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates of 
recruitment or survival.
    Small numbers means a portion of a marine mammal species or stock 
whose taking would have a negligible impact on that species or stock.
    Specified activity means any activity, other than commercial 
fishing, that takes place in a specified geographical region and 
potentially involves the taking of small numbers of marine mammals.
    Specified geographical region means an area within which a specified 
activity is conducted and that has certain biogeographic 
characteristics.
    Unmitigable adverse impact means an impact resulting from the 
specified activity:
    (1) That is likely to reduce the availability of the species to a 
level insufficient for a harvest to meet subsistence needs by:
    (i) Causing the marine mammals to abandon or avoid hunting areas;
    (ii) Directly displacing subsistence users; or
    (iii) Placing physical barriers between the marine mammals and the 
subsistence hunters; and
    (2) That cannot be sufficiently mitigated by other measures to 
increase the availability of marine mammals to allow subsistence needs 
to be met.



Sec. 216.104  Submission of requests.

    (a) In order for the National Marine Fisheries Service to consider 
authorizing the taking by U.S. citizens of small numbers of marine 
mammals incidental to a specified activity (other than commercial 
fishing), or to make a finding that an incidental take is unlikely to 
occur, a written request must be submitted to the Assistant 
Administrator. All requests must include the following information for 
their activity:
    (1) A detailed description of the specific activity or class of 
activities that can be expected to result in incidental taking of marine 
mammals;
    (2) The date(s) and duration of such activity and the specific 
geographical region where it will occur;
    (3) The species and numbers of marine mammals likely to be found 
within the activity area;

[[Page 64]]

    (4) A description of the status, distribution, and seasonal 
distribution (when applicable) of the affected species or stocks of 
marine mammals likely to be affected by such activities;
    (5) The type of incidental taking authorization that is being 
requested (i.e., takes by harassment only; takes by harassment, injury 
and/or death) and the method of incidental taking;
    (6) By age, sex, and reproductive condition (if possible), the 
number of marine mammals (by species) that may be taken by each type of 
taking identified in paragraph (a)(5) of this section, and the number of 
times such takings by each type of taking are likely to occur;
    (7) The anticipated impact of the activity upon the species or stock 
of marine mammal;
    (8) The anticipated impact of the activity on the availability of 
the species or stocks of marine mammals for subsistence uses;
    (9) The anticipated impact of the activity upon the habitat of the 
marine mammal populations, and the likelihood of restoration of the 
affected habitat;
    (10) The anticipated impact of the loss or modification of the 
habitat on the marine mammal populations involved;
    (11) The availability and feasibility (economic and technological) 
of equipment, methods, and manner of conducting such activity or other 
means of effecting the least practicable adverse impact upon the 
affected species or stocks, their habitat, and on their availability for 
subsistence uses, paying particular attention to rookeries, mating 
grounds, and areas of similar significance;
    (12) Where the proposed activity would take place in or near a 
traditional Arctic subsistence hunting area and/or may affect the 
availability of a species or stock of marine mammal for Arctic 
subsistence uses, the applicant must submit either a plan of cooperation 
or information that identifies what measures have been taken and/or will 
be taken to minimize any adverse effects on the availability of marine 
mammals for subsistence uses. A plan must include the following:
    (i) A statement that the applicant has notified and provided the 
affected subsistence community with a draft plan of cooperation;
    (ii) A schedule for meeting with the affected subsistence 
communities to discuss proposed activities and to resolve potential 
conflicts regarding any aspects of either the operation or the plan of 
cooperation;
    (iii) A description of what measures the applicant has taken and/or 
will take to ensure that proposed activities will not interfere with 
subsistence whaling or sealing; and
    (iv) What plans the applicant has to continue to meet with the 
affected communities, both prior to and while conducting the activity, 
to resolve conflicts and to notify the communities of any changes in the 
operation;
    (13) The suggested means of accomplishing the necessary monitoring 
and reporting that will result in increased knowledge of the species, 
the level of taking or impacts on populations of marine mammals that are 
expected to be present while conducting activities and suggested means 
of minimizing burdens by coordinating such reporting requirements with 
other schemes already applicable to persons conducting such activity. 
Monitoring plans should include a description of the survey techniques 
that would be used to determine the movement and activity of marine 
mammals near the activity site(s) including migration and other habitat 
uses, such as feeding. Guidelines for developing a site-specific 
monitoring plan may be obtained by writing to the Director, Office of 
Protected Resources; and
    (14) Suggested means of learning of, encouraging, and coordinating 
research opportunities, plans, and activities relating to reducing such 
incidental taking and evaluating its effects.
    (b)(1) The Assistant Administrator shall determine the adequacy and 
completeness of a request and, if determined to be adequate and 
complete, will begin the public review process by publishing in the 
Federal Register either:
    (i) A proposed incidental harassment authorization; or
    (ii) A notice of receipt of a request for the implementation or 
reimplementation of regulations governing the incidental taking.

[[Page 65]]

    (2) Through notice in the Federal Register, newspapers of general 
circulation, and appropriate electronic media in the coastal areas that 
may be affected by such activity, NMFS will invite information, 
suggestions, and comments for a period not to exceed 30 days from the 
date of publication in the Federal Register. All information and 
suggestions will be considered by the National Marine Fisheries Service 
in developing, if appropriate, the most effective regulations governing 
the issuance of letters of authorization or conditions governing the 
issuance of an incidental harassment authorization.
    (3) Applications that are determined to be incomplete or 
inappropriate for the type of taking requested, will be returned to the 
applicant with an explanation of why the application is being returned.
    (c) The Assistant Administrator shall evaluate each request to 
determine, based upon the best available scientific evidence, whether 
the taking by the specified activity within the specified geographic 
region will have a negligible impact on the species or stock and, where 
appropriate, will not have an unmitigable adverse impact on the 
availability of such species or stock for subsistence uses. If the 
Assistant Administrator finds that the mitigating measures would render 
the impact of the specified activity negligible when it would not 
otherwise satisfy that requirement, the Assistant Administrator may make 
a finding of negligible impact subject to such mitigating measures being 
successfully implemented. Any preliminary findings of ``negligible 
impact'' and ``no unmitigable adverse impact'' shall be proposed for 
public comment along with either the proposed incidental harassment 
authorization or the proposed regulations for the specific activity.
    (d) If, subsequent to the public review period, the Assistant 
Administrator finds that the taking by the specified activity would have 
more than a negligible impact on the species or stock of marine mammal 
or would have an unmitigable adverse impact on the availability of such 
species or stock for subsistence uses, the Assistant Administrator shall 
publish in the Federal Register the negative finding along with the 
basis for denying the request.



Sec. 216.105  Specific regulations.

    (a) For all petitions for regulations under this paragraph, 
applicants must provide the information requested in Sec. 216.104(a) on 
their activity as a whole, which includes, but is not necessarily 
limited to, an assessment of total impacts by all persons conducting the 
activity.
    (b) For allowed activities that may result in incidental takings of 
small numbers of marine mammals by harassment, serious injury, death or 
a combination thereof, specific regulations shall be established for 
each allowed activity that set forth:
    (1) Permissible methods of taking;
    (2) Means of effecting the least practicable adverse impact on the 
species and its habitat and on the availability of the species for 
subsistence uses; and
    (3) Requirements for monitoring and reporting, including 
requirements for the independent peer-review of proposed monitoring 
plans where the proposed activity may affect the availability of a 
species or stock for taking for subsistence uses.
    (c) Regulations will be established based on the best available 
information. As new information is developed, through monitoring, 
reporting, or research, the regulations may be modified, in whole or in 
part, after notice and opportunity for public review.



Sec. 216.106  Letter of Authorization.

    (a) A Letter of Authorization, which may be issued only to U.S. 
citizens, is required to conduct activities pursuant to any regulations 
established under Sec. 216.105. Requests for Letters of Authorization 
shall be submitted to the Director, Office of Protected Resources. The 
information to be submitted in a request for an authorization will be 
specified in the appropriate subpart to this part or may be obtained by 
writing to the above named person.
    (b) Issuance of a Letter of Authorization will be based on a 
determination that the level of taking will be consistent with the 
findings made for the total taking allowable under the specific 
regulations.

[[Page 66]]

    (c) Letters of Authorization will specify the period of validity and 
any additional terms and conditions appropriate for the specific 
request.
    (d) Notice of issuance of all Letters of Authorization will be 
published in the Federal Register within 30 days of issuance.
    (e) Letters of Authorization shall be withdrawn or suspended, either 
on an individual or class basis, as appropriate, if, after notice and 
opportunity for public comment, the Assistant Administrator determines 
that:
    (1) The regulations prescribed are not being substantially complied 
with; or
    (2) The taking allowed is having, or may have, more than a 
negligible impact on the species or stock or, where relevant, an 
unmitigable adverse impact on the availability of the species or stock 
for subsistence uses.
    (f) The requirement for notice and opportunity for public review in 
Sec. 216.106(e) shall not apply if the Assistant Administrator 
determines that an emergency exists that poses a significant risk to the 
wellbeing of the species or stocks of marine mammals concerned.
    (g) A violation of any of the terms and conditions of a Letter of 
Authorization or of the specific regulations shall subject the Holder 
and/or any individual who is operating under the authority of the 
Holder's Letter of Authorization to penalties provided in the MMPA.



Sec. 216.107  Incidental harassment authorization for Arctic waters.

    (a) Except for activities that have the potential to result in 
serious injury or mortality, which must be authorized under Sec. 
216.105, incidental harassment authorizations may be issued, following a 
30-day public review period, to allowed activities that may result in 
only the incidental harassment of a small number of marine mammals. Each 
such incidental harassment authorization shall set forth:
    (1) Permissible methods of taking by harassment;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses; and
    (3) Requirements for monitoring and reporting, including 
requirements for the independent peer-review of proposed monitoring 
plans where the proposed activity may affect the availability of a 
species or stock for taking for subsistence uses.
    (b) Issuance of an incidental harassment authorization will be based 
on a determination that the number of marine mammals taken by harassment 
will be small, will have a negligible impact on the species or stock of 
marine mammal(s), and will not have an unmitigable adverse impact on the 
availability of species or stocks for taking for subsistence uses.
    (c) An incidental harassment authorization will be either issued or 
denied within 45 days after the close of the public review period.
    (d) Notice of issuance or denial of an incidental harassment 
authorization will be published in the Federal Register within 30 days 
of issuance of a determination.
    (e) Incidental harassment authorizations will be valid for a period 
of time not to exceed 1 year but may be renewed for additional periods 
of time not to exceed 1 year for each reauthorization.
    (f) An incidental harassment authorization shall be modified, 
withdrawn, or suspended if, after notice and opportunity for public 
comment, the Assistant Administrator determines that:
    (1) The conditions and requirements prescribed in the authorization 
are not being substantially complied with; or
    (2) The authorized taking, either individually or in combination 
with other authorizations, is having, or may have, more than a 
negligible impact on the species or stock or, where relevant, an 
unmitigable adverse impact on the availability of the species or stock 
for subsistence uses.
    (g) The requirement for notice and opportunity for public review in 
paragraph (f) of this section shall not apply if the Assistant 
Administrator determines that an emergency exists that poses a 
significant risk to the well-being of the species or stocks of marine 
mammals concerned.
    (h) A violation of any of the terms and conditions of an incidental 
harassment authorization shall subject the

[[Page 67]]

holder and/or any individual who is operating under the authority of the 
holder's incidental harassment authorization to penalties provided in 
the MMPA.



Sec. 216.108  Requirements for monitoring and reporting under incidental
harassment authorizations for Arctic waters.

    (a) Holders of an incidental harassment authorization in Arctic 
waters and their employees, agents, and designees must cooperate with 
the National Marine Fisheries Service and other designated Federal, 
state, or local agencies to monitor the impacts of their activity on 
marine mammals. Unless stated otherwise within an incidental harassment 
authorization, the holder of an incidental harassment authorization 
effective in Arctic waters must notify the Alaska Regional Director, 
National Marine Fisheries Service, of any activities that may involve a 
take by incidental harassment in Arctic waters at least 14 calendar days 
prior to commencement of the activity.
    (b) Holders of incidental harassment authorizations effective in 
Arctic waters may be required by their authorization to designate at 
least one qualified biological observer or another appropriately 
experienced individual to observe and record the effects of activities 
on marine mammals. The number of observers required for monitoring the 
impact of the activity on marine mammals will be specified in the 
incidental harassment authorization. If observers are required as a 
condition of the authorization, the observer(s) must be approved in 
advance by the National Marine Fisheries Service.
    (c) The monitoring program must, if appropriate, document the 
effects (including acoustical) on marine mammals and document or 
estimate the actual level of take. The requirements for monitoring 
plans, as specified in the incidental harassment authorization, may vary 
depending on the activity, the location, and the time.
    (d) Where the proposed activity may affect the availability of a 
species or stock of marine mammal for taking for subsistence purposes, 
proposed monitoring plans or other research proposals must be 
independently peer-reviewed prior to issuance of an incidental 
harassment authorization under this subpart. In order to complete the 
peer-review process within the time frames mandated by the MMPA for an 
incidental harassment authorization, a proposed monitoring plan 
submitted under this paragraph must be submitted to the Assistant 
Administrator no later than the date of submission of the application 
for an incidental harassment authorization. Upon receipt of a complete 
monitoring plan, and at its discretion, the National Marine Fisheries 
Service will either submit the plan to members of a peer review panel 
for review or within 60 days of receipt of the proposed monitoring plan, 
schedule a workshop to review the plan. The applicant must submit a 
final monitoring plan to the Assistant Administrator prior to the 
issuance of an incidental harassment authorization.
    (e) At its discretion, the National Marine Fisheries Service may 
place an observer aboard vessels, platforms, aircraft, etc., to monitor 
the impact of activities on marine mammals.
    (f)(1) As specified in the incidental harassment authorization, the 
holder of an incidental harassment authorization for Arctic waters must 
submit reports to the Assistant Administrator within 90 days of 
completion of any individual components of the activity (if any), within 
90 days of completion of the activity, but no later than 120 days prior 
to expiration of the incidental harassment authorization, whichever is 
earlier. This report must include the following information:
    (i) Dates and type(s) of activity;
    (ii) Dates and location(s) of any activities related to monitoring 
the effects on marine mammals; and
    (iii) Results of the monitoring activities, including an estimate of 
the actual level and type of take, species name and numbers of each 
species observed, direction of movement of species, and any observed 
changes or modifications in behavior.
    (2) Monitoring reports will be reviewed by the Assistant 
Administrator and, if determined to be incomplete or inaccurate, will be 
returned to the

[[Page 68]]

holder of the authorization with an explanation of why the report is 
being returned. If the authorization holder disagrees with the findings 
of the Assistant Administrator, the holder may request an independent 
peer review of the report. Failure to submit a complete and accurate 
report may result in a delay in processing future authorization 
requests.
    (g) Results of any behavioral, feeding, or population studies, that 
are conducted supplemental to the monitoring program, should be made 
available to the National Marine Fisheries Service before applying for 
an incidental harassment authorization for the following year.

Subpart J [Reserved]



Subpart K_Taking Of Marine Mammals Incidental To Space Vehicle And Test 
                            Flight Activities

    Source: 74 FR 6242, Feb. 6, 2009, unless otherwise noted.

    Effective Date Note: 74 FR 6242, Feb. 6, 2009, subpart K, consisting 
of Sec. Sec. 216.120 through 216.129 were added, effective Feb. 7, 2009 
through Feb. 7, 2014.



Sec. 216.120  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the incidental taking 
of those marine mammals specified in paragraph (b) of this section by 
the 30th Space Wing, United States Air Force, and those persons it 
authorizes to engage in:
    (1) Launching up to 30 space and missiles vehicles each year from 
Vandenberg Air Force Base, for a total of up to 150 missiles and rockets 
over the 5-year period of the regulations in this subpart,
    (2) Launching up to 20 rockets each year from Vandenberg Air Force 
Base, for a total of up to 100 rocket launches over the 5-year period of 
the regulations in this subpart,
    (3) Aircraft flight test operations, and
    (4) Helicopter operations from Vandenberg Air Force Base.
    (b) The incidental take of marine mammals on Vandenberg Air Force 
Base and in waters off southern California, under the activity 
identified in paragraph (a) of this section, is limited to the following 
species: Harbor seals (Phoca vitulina); California sea lions (Zalophus 
californianus); northern elephant seals (Mirounga angustirostris); and 
northern fur seals (Callorhinus ursinus).



Sec. 216.121  Effective dates.

    Regulations in this subpart are effective from February 7, 2009, 
through February 6, 2014.



Sec. 216.122  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. 216.106 
and 216.127, the 30th Space Wing, U.S. Air Force, its contractors, and 
clients, may incidentally, but not intentionally, take marine mammals by 
harassment, within the area described in Sec. 216.120, provided the 
activity is in compliance with all terms, conditions, and requirements 
of the regulations in this subpart and the appropriate Letter of 
Authorization.
    (b) The taking of marine mammals is authorized for the species 
listed in Sec. 216.120(b) and is limited to Level B Harassment.



Sec. 216.123  Prohibitions.

    Notwithstanding takings specified in Sec. 216.120 and authorized by 
a Letter of Authorization issued under Sec. Sec. 216.106 and 216.127, 
no person in connection with the activities described in Sec. 216.120 
may:
    (a) Take any marine mammal not specified in Sec. 216.120(b);
    (b) Take any marine mammal specified in Sec. 216.120(b) other than 
by incidental, unintentional harassment;
    (c) Take a marine mammal specified in Sec. 216.120(b) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a Letter of Authorization issued under 
Sec. Sec. 216.106 and 216.127.

[[Page 69]]



Sec. 216.124  Mitigation.

    (a) The activity identified in Sec. 216.120(a) must be conducted in 
a manner that minimizes, to the greatest extent practicable, adverse 
impacts on marine mammals and their habitats. When conducting operations 
identified in Sec. 216.120(a), the mitigation measures contained in the 
Letter of Authorization issued under Sec. Sec. 216.106 and 216.127 must 
be implemented. These mitigation measures include (but are not limited 
to):
    (1) All aircraft and helicopter flight paths must maintain a minimum 
distance of 1,000 ft (305 m) from recognized seal haul-outs and 
rookeries (e.g., Point Sal, Purisima Point, Rocky Point), except in 
emergencies or for real-time security incidents (e.g., search-and-
rescue, fire-fighting), which may require approaching pinniped haul-outs 
and rookeries closer than 1,000 ft (305 m).
    (2) For missile and rocket launches, holders of Letters of 
Authorization must avoid, whenever possible, launches during the harbor 
seal pupping season of March through June, unless constrained by factors 
including, but not limited to, human safety, national security, or for 
space vehicle launch trajectory necessary to meet mission objectives.
    (3) Vandenberg Air Force Base must avoid, whenever possible, 
launches which are predicted to produce a sonic boom on the Northern 
Channel Islands during harbor seal, elephant seal, California sea lion, 
and northern fur seal pupping seasons of March through June.
    (4) If post-launch surveys determine that an injurious or lethal 
take of a marine mammal has occurred or there is an indication that the 
distribution, size, or productivity of the potentially affected pinniped 
populations has been affected, the launch procedure and the monitoring 
methods must be reviewed, in cooperation with NMFS, and, if necessary, 
appropriate changes must be made through modification to a Letter of 
Authorization, prior to conducting the next launch of the same vehicle 
under that Letter of Authorization.
    (5) Additional mitigation measures as contained in a Letter of 
Authorization.
    (b) [Reserved]



Sec. 216.125  Requirements for monitoring and reporting.

    (a) Holders of Letters of Authorization issued pursuant to 
Sec. Sec. 216.106 and 216.127 for activities described in Sec. 
216.120(a) are required to cooperate with NMFS, and any other Federal, 
state or local agency with authority to monitor the impacts of the 
activity on marine mammals. Unless specified otherwise in the Letter of 
Authorization, the Holder of the Letter of Authorization must notify the 
Administrator, Southwest Region, NMFS, by letter or telephone, at least 
2 weeks prior to activities possibly involving the taking of marine 
mammals. If the authorized activity identified in Sec. 216.120(a) is 
thought to have resulted in the mortality or injury of any marine 
mammals or in any take of marine mammals not identified in Sec. 
216.120(b), then the Holder of the Letter of Authorization must notify 
the Director, Office of Protected Resources, NMFS, or designee, by 
telephone (301-713-2289), within 48 hours of the discovery of the 
injured or dead animal.
    (b) Holders of Letters of Authorization must designate qualified, 
on-site individuals approved in advance by NMFS, as specified in the 
Letter of Authorization, to:
    (1) Conduct observations on harbor seal, elephant seal, and sea lion 
activity in the vicinity of the rookery nearest the launch platform or, 
in the absence of pinnipeds at that location, at another nearby haul-
out, for at least 72 hours prior to any planned launch occurring during 
the harbor seal pupping season (1 March through 30 June) and continue 
for a period of time not less than 48 hours subsequent to launching.
    (2) For launches during the harbor seal pupping season (March 
through June), conduct follow-up surveys within 2 weeks of the launch to 
ensure that there were no adverse effects on any marine mammals,
    (3) Monitor haul-out sites on the Northern Channel Islands, if it is 
determined by modeling that a sonic boom of greater than 1 psf could 
occur in those areas (this determination will be made in consultation 
with NMFS),

[[Page 70]]

    (4) Investigate the potential for spontaneous abortion, disruption 
of effective female-neonate bonding, and other reproductive dysfunction,
    (5) Supplement observations on Vandenberg and on the Northern 
Channel Islands with video-recording of mother-pup seal responses for 
daylight launches during the pupping season,
    (6) Conduct acoustic measurements of those launch vehicles that have 
not had sound pressure level measurements made previously, and
    (7) Include multiple surveys each day that surveys are required that 
record the species, number of animals, general behavior, presence of 
pups, age class, gender and reaction to launch noise, sonic booms or 
other natural or human caused disturbances, in addition to recording 
environmental conditions such as tide, wind speed, air temperature, and 
swell.
    (c) Holders of Letters of Authorization must conduct additional 
monitoring as required under an annual Letter of Authorization.
    (d) Holders of Letters of Authorization must submit a report to the 
Southwest Administrator, NMFS, within 90 days after each launch. This 
report must contain the following information:
    (1) Date(s) and time(s) of the launch,
    (2) Design of the monitoring program, and
    (3) Results of the monitoring program, including, but not 
necessarily limited to:
    (i) Numbers of pinnipeds present on the haul-out prior to 
commencement of the launch,
    (ii) Numbers of pinnipeds that may have been harassed as noted by 
the number of pinnipeds estimated to have entered the water as a result 
of launch noise,
    (iii) The length of time pinnipeds remained off the haul-out or 
rookery,
    (iv) Numbers of pinniped adults, juveniles or pups that may have 
been injured or killed as a result of the launch, and
    (v) Behavioral modifications by pinnipeds that were likely the 
result of launch noise or the sonic boom.
    (e) An annual report must be submitted at the time of renewal of the 
Letter of Authorization.
    (f) A final report must be submitted at least 180 days prior to 
expiration of these regulations. This report will:
    (1) Summarize the activities undertaken and the results reported in 
all previous reports,
    (2) Assess the impacts at each of the major rookeries,
    (3) Assess the cumulative impacts on pinnipeds and other marine 
mammals from Vandenberg activities, and
    (4) State the date(s), location(s), and findings of any research 
activities related to monitoring the effects on launch noise and sonic 
booms on marine mammal populations.



Sec. 216.126  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart, the U.S. citizen (as defined by Sec. 216.103) 
conducting the activity identified in Sec. 216.120(a) (30th Space Wing, 
U.S. Air Force) must apply for and obtain either an initial Letter of 
Authorization in accordance with Sec. 216.127 or a renewal under Sec. 
216.128.
    (b) The application must be submitted to NMFS at least 30 days 
before the activity is scheduled to begin.
    (c) Applications for a Letter of Authorization and for renewals of 
Letters of Authorization must include the following:
    (1) Name of the U.S. citizen requesting the authorization,
    (2) A description of the activity, the dates of the activity, and 
the specific location of the activity, and
    (3) Plans to monitor the behavior and effects of the activity on 
marine mammals.
    (d) A copy of the Letter of Authorization must be in the possession 
of the persons conducting activities that may involve incidental takings 
of pinnipeds.



Sec. 216.127  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 216.128.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;

[[Page 71]]

    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 216.128  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued under Sec. 216.106 and Sec. 
216.127 for the activity identified in Sec. 216.120(a) will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 216.126 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
216.125(d) and (e), and the Letter of Authorization issued under Sec. 
216.127, which has been reviewed and accepted by NMFS; and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required under Sec. Sec. 216.124 and 216.125 and the 
Letter of Authorization issued under Sec. Sec. 216.106 and 216.127, 
were undertaken and will be undertaken during the upcoming annual period 
of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.128 indicates that a substantial 
modification to the described work, mitigation or monitoring undertaken 
during the upcoming season will occur, NMFS will provide the public a 
period of 30 days for review and comment on the request. Review and 
comment on renewals of Letters of Authorization are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.



Sec. 216.129  Modifications of Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 216.127 and subject to the provisions of this subpart shall be made 
until after notification and an opportunity for public comment has been 
provided. For purposes of this paragraph, a renewal of a Letter of 
Authorization under Sec. 216.128, without modification (except for the 
period of validity), is not considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.120(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.127 may be 
substantively modified without prior notification and an opportunity for 
public comment. Notification will be published in the Federal Register 
within 30 days subsequent to the action.

Subparts L-M [Reserved]



    Subpart N_Taking Of Marine Mammals Incidental To Missile Launch 
                 Activities from San Nicolas Island, CA

    Source: 74 FR 26587, June 3, 2009, unless otherwise noted.

    Effective Date Note: At 74 FR 26587, June 3, 2009, subpart N, 
consisting of Sec. Sec. 216.150 through 216.159 was added, effective 
June 2, 2009 through June 2, 2014.



Sec. 216.150  Specified activity and specified geographical region.

    (a) This subpart applies only to the incidental taking of marine 
mammals specified in paragraph (b) of this section by the Naval Air 
Warfare Center Weapons Division, U.S. Navy, and

[[Page 72]]

those persons it authorizes to engage in missile launch activities and 
associated aircraft and helicopter operations at the Naval Air Warfare 
Center Weapons Division facilities on San Nicolas Island, California.
    (b) The incidental take of marine mammals under the activity 
identified in paragraph (a) of this section is limited to the following 
species: northern elephant seals (Mirounga angustirostris), harbor seals 
(Phoca vitulina), and California sea lions (Zalophus californianus).
    (c) This Authorization is valid only for activities associated with 
the launching of a total of 40 Coyote (or similar sized and smaller) 
missiles per year from San Nicolas Island, California.



Sec. 216.151  Effective dates.

    This subpart is effective June 2, 2009 through June 2, 2014.



Sec. 216.152  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 216.157, the U.S. Navy, its contractors, and clients, may 
incidentally, but not intentionally, take marine mammals by harassment, 
within the area described in Sec. 216.150, provided the activity is in 
compliance with all terms, conditions, and requirements of the 
regulations in this subpart and the appropriate Letter of Authorization.
    (b) The taking of marine mammals is authorized for the species 
listed in Sec. 216.150(b) and is limited to Level B Harassment.



Sec. 216.153  Prohibitions.

    Notwithstanding takings contemplated in Sec. 216.150 and authorized 
by a Letter of Authorization issued under Sec. Sec. 216.106 and 
216.157, no person in connection with the activities described in Sec. 
216.150 may:
    (a) Take any marine mammal not specified in Sec. 216.150(b);
    (b) Take any marine mammal specified in Sec. 216.150(b) other than 
by incidental, unintentional harassment, as discussed in Sec. 216.152;
    (c) Take a marine mammal specified in Sec. 216.150(b) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a Letter of Authorization issued under 
Sec. Sec. 216.106 and 216.157.



Sec. 216.154  Mitigation.

    (a) The activity identified in Sec. 216.150 must be conducted in a 
manner that minimizes, to the greatest extent practicable, adverse 
impacts on marine mammals and their habitats. When conducting operations 
identified in Sec. 216.150(c), the mitigation measures contained in the 
Letter of Authorization issued under Sec. Sec. 216.106 and 216.157 must 
be implemented. These mitigation measures include (but are not limited 
to):
    (1) The holder of the Letter of Authorization must prohibit 
personnel from entering pinniped haul-out sites below the missile's 
predicted flight path for 2 hours prior to planned missile launches.
    (2) The holder of the Letter of Authorization must avoid launch 
activities during harbor seal pupping season (February through April), 
unless constrained by factors including, but not limited to, human 
safety, national security, or for launch trajectory necessary to meet 
mission objectives.
    (3) The holder of the Letter of Authorization must limit launch 
activities during other pinniped pupping seasons, unless constrained by 
factors including, but not limited to, human safety, national security, 
or for launch trajectory necessary to meet mission objectives.
    (4) The holder of the Letter of Authorization must not launch 
missiles from the Alpha Complex at low elevation (less than 1,000 feet 
(305 m)) on launch azimuths that pass close to pinniped haul-out sites 
when occupied.
    (5) The holder of the Letter of Authorization must avoid launching 
multiple missiles in quick succession over haul-out sites, especially 
when young pups are present, except when required by mission objectives.
    (6) The holder of the Letter of Authorization must limit launch 
activities during nighttime hours, except when required by mission 
objectives.

[[Page 73]]

    (7) Aircraft and helicopter flight paths must maintain a minimum 
altitude of 1,000 feet (305 m) from pinniped haul-outs and rookeries, 
except in emergencies or for real-time security incidents (e.g., search-
and-rescue, fire-fighting, adverse weather conditions), which may 
require approaching pinniped haul-outs and rookeries closer than 1,000 
feet (305 m).
    (8) If post-launch surveys determine that an injurious or lethal 
take of a marine mammal has occurred or there is an indication that the 
distribution, size, or productivity of the potentially affected pinniped 
populations has been affected, the launch procedure and the monitoring 
methods must be reviewed, in cooperation with NMFS, and, if necessary, 
appropriate changes must be made through modification to a Letter of 
Authorization, prior to conducting the next launch of the same vehicle 
under that Letter of Authorization.
    (9) Additional mitigation measures as contained in a Letter of 
Authorization.
    (b) [Reserved]



Sec. 216.155  Requirements for monitoring and reporting.

    (a) Holders of Letters of Authorization issued pursuant to 
Sec. Sec. 216.106 and 216.157 for activities described in Sec. 216.150 
are required to cooperate with NMFS, and any other Federal, state or 
local agency with authority to monitor the impacts of the activity on 
marine mammals. Unless specified otherwise in the Letter of 
Authorization, the Holder of the Letter of Authorization must notify the 
Administrator, Southwest Region, NMFS, by letter, e-mail, or telephone, 
at least 1 week prior to activities possibly involving the taking of 
marine mammals. If the authorized activity identified in Sec. 216.150 
is thought to have resulted in the mortality or injury of any marine 
mammals or in any take of marine mammals not identified in Sec. 
216.150(b), then the Holder of the Letter of Authorization must notify 
the Director, Office of Protected Resources, NMFS, or designee, by 
telephone (301-713-2289), and the Administrator, Southwest Region, NMFS, 
or designee, by telephone (562-980-3232), within 48 hours of the 
discovery of the injured or dead animal.
    (b) The National Marine Fisheries Service must be informed 
immediately of any changes or deletions to any portions of the proposed 
monitoring plan submitted, in accordance with the Letter of 
Authorization.
    (c) The holder of the Letter of Authorization must designate 
biologically trained, on-site individual(s), approved in advance by the 
National Marine Fisheries Service, to record the effects of the launch 
activities and the resulting noise on pinnipeds.
    (d) The holder of the Letter of Authorization must implement the 
following monitoring measures:
    (1) Visual Land-Based Monitoring. (i) Prior to each missile launch, 
an observer(s) will place 3 autonomous digital video cameras overlooking 
chosen haul-out sites located varying distances from the missile launch 
site. Each video camera will be set to record a focal subgroup within 
the larger haul-out aggregation for a maximum of 4 hours or as permitted 
by the videotape capacity.
    (ii) Systematic visual observations, by those individuals, described 
in paragraph (c) of this section, on pinniped presence and activity will 
be conducted and recorded in a field logbook or recorded on digital 
video for subsequent analysis for no less than 1 hour prior to the 
estimated launch time and for up to 1 hour immediately following each 
missile launch.
    (iii) Documentation, both via autonomous video camera and human 
observer, will consist of:
    (A) Numbers and sexes of each age class in focal subgroups;
    (B) Description and timing of launch activities or other disruptive 
event(s);
    (C) Movements of pinnipeds, including number and proportion moving, 
direction and distance moved, and pace of movement;
    (D) Description of reactions;
    (E) Minimum distances between interacting and reacting pinnipeds;
    (F) Study location;
    (G) Local time;
    (H) Substratum type;
    (I) Substratum slope;
    (J) Weather condition;
    (K) Horizontal visibility; and
    (L) Tide state.

[[Page 74]]

    (2) Acoustic Monitoring. (i) During all missile launches, calibrated 
recordings of the levels and characteristics of the received launch 
sounds will be obtained from 3 different locations of varying distances 
from the missile's flight path. To the extent practicable, these 
acoustic recording locations will correspond with the haul-out sites 
where video monitoring is done.
    (ii) Acoustic recordings will be supplemented by the use of radar 
and telemetry systems to obtain the trajectory of missiles in three 
dimensions, whenever data coverage allows.
    (iii) Acoustic equipment used to record launch sounds will be 
suitable for collecting a wide range of parameters, including the 
magnitude, characteristics, and duration of each missile.
    (e) The holder of the Letter of Authorization must implement the 
following reporting requirements:
    (1) For each missile launch, the lead contractor or lead observer 
for the holder of the Letter of Authorization must provide a status 
report to the National Marine Fisheries Service, Southwest Regional 
Office, providing reporting items found under the Letter of 
Authorization, unless other arrangements for monitoring are agreed in 
writing.
    (2) An initial report must be submitted to the Office of Protected 
Resources, and the Southwest Regional Office at least 60 days prior to 
the expiration of each annual Letter of Authorization. This report must 
contain the following information:
    (i) Timing and nature of launch operations;
    (ii) Summary of pinniped behavioral observations;
    (iii) Estimate of the amount and nature of all takes by harassment 
or by other means; and
    (iv) Evidence of compliance with mitigation measures.
    (3) A draft comprehensive technical report will be submitted to the 
Office of Protected Resources and Southwest Regional Office, National 
Marine Fisheries Service, 180 days prior to the expiration of the 
regulations in this subpart, providing full documentation of the 
methods, results, and interpretation of all monitoring tasks for 
launches to date plus preliminary information for missile launches 
during the first 6 months of the final Letter of Authorization.
    (4) A revised final comprehensive technical report, including all 
monitoring results during the entire period of the Letter of 
Authorization will be due 90 days after the end of the period of 
effectiveness of the regulations in this subpart.
    (5) Both the 60-day and final reports will be subject to review and 
comment by the National Marine Fisheries Service. Any recommendations 
made by the National Marine Fisheries Service must be addressed in the 
final comprehensive report prior to acceptance by the National Marine 
Fisheries Service.
    (f) Activities related to the monitoring described in paragraphs (c) 
and (d) of this section, or in the Letter of Authorization issued under 
Sec. Sec. 216.106 and 216.157, including the retention of marine 
mammals, may be conducted without the need for a separate scientific 
research permit.
    (g) In coordination and compliance with appropriate Navy 
regulations, at its discretion, the National Marine Fisheries Service 
may place an observer on San Nicolas Island for any activity involved in 
marine mammal monitoring either prior to, during, or after a missile 
launch in order to monitor the impact on marine mammals.



Sec. 216.156  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to the regulations 
contained in this subpart, the U.S. citizen (as defined by Sec. 
216.103) conducting the activity identified in Sec. 216.150 (Naval Air 
Warfare Center Weapons Division, U.S. Navy) must apply for and obtain 
either an initial Letter of Authorization in accordance with Sec. 
216.157 or a renewal under Sec. 216.158.
    (b) The application must be submitted to NMFS at least 30 days 
before the activity is scheduled to begin.
    (c) Applications for a Letter of Authorization and for renewals of 
Letters of Authorization must include the following:
    (1) Name of the U.S. citizen requesting the authorization,

[[Page 75]]

    (2) A description of the activity, the dates of the activity, and 
the specific location of the activity, and
    (3) Plans to monitor the behavior and effects of the activity on 
marine mammals.
    (d) A copy of the Letter of Authorization must be in the possession 
of the persons conducting activities that may involve incidental takings 
of pinnipeds.



Sec. 216.157  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 216.158.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 216.158  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
216.157 for the activity identified in Sec. 216.150 will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 216.156 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
216.155(e), and the Letter of Authorization issued under Sec. 216.157, 
which has been reviewed and accepted by NMFS; and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required under Sec. Sec. 216.154 and 216.155 and the 
Letter of Authorization issued under Sec. Sec. 216.106 and 216.157, 
were undertaken and will be undertaken during the upcoming annual period 
of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. 216.106 and this section indicates that a substantial 
modification to the described work, mitigation or monitoring undertaken 
during the upcoming season will occur, NMFS will provide the public a 
period of 30 days for review and comment on the request. Review and 
comment on renewals of Letters of Authorization are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.



Sec. 216.159  Modifications of Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 216.157 and subject to the provisions of this subpart shall be made 
until after notification and an opportunity for public comment has been 
provided. For purposes of this paragraph, a renewal of a Letter of 
Authorization under Sec. 216.158, without modification (except for the 
period of validity), is not considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.150(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.157 may be 
substantively modified without prior notification and an opportunity for 
public comment. Notification will be published in the Federal Register 
within 30 days subsequent to the action.

[[Page 76]]



 Subpart O_Taking of Marine Mammals Incidental to Shock Testing the USS 
  MESA VERDE (LPD 19) by Detonation of Conventional Explosives in the 
               Offshore Waters of the U.S. Atlantic Coast

    Source: 73 FR 43136, July 24, 2007, unless otherwise noted.

    Effective Date Note: At 73 FR 43136, July 24, 2008, subpart O, 
consisting of Sec. Sec. 216.161 through 216.166 was added, effective 
July 18, 2008 through July 18, 2013.



Sec. 216.161  Specified activity and incidental take levels by species.

    (a) Regulations in this subpart apply only to the incidental taking 
of marine mammals specified in paragraph (b) of this section by persons 
engaged in the detonation of up to four 4,536 kg (10,000 lb) 
conventional explosive charges within the waters of the U.S. Atlantic 
Coast offshore Mayport, FL, for the purpose of conducting one full ship-
shock trial (FSST) of the USS MESA VERDE (LPD 19) during the time period 
between July 23 and September 20, 2008, and May 1 and September 20, 2009 
through 2013.
    (b) The incidental take of marine mammals under the activity 
identified in paragraph (a) of this section is limited to the following 
species: Minke whale (Balaenoptera acutorostrata), dwarf sperm whale 
(Kogia simus); pygmy sperm whale (K. breviceps); pilot whale 
(Globicephala macrorhynchus); Atlantic spotted dolphin (Stenella 
frontalis); spinner dolphin (S. longirostris); bottlenose dolphin 
(Tursiops truncatus); Risso's dolphin (Grampus griseus); rough-toothed 
dolphin (Steno bredanensis); common dolphin (Delphinus delphis), false 
killer whale (Pseudorca crassidens); Cuvier's beaked whale (Ziphius 
cavirostris), Blainville's beaked whale (Mesoplodon densirostris); 
Gervais' beaked whale (M. europaeus); and True's beaked whale (M. 
mirus).
    (c) The incidental take of marine mammals identified in paragraph 
(b) of this section is limited to a total, across all species, of no 
more than 1 mortality or serious injury, 2 takings by Level A harassment 
(injuries), and 282 takings by Level B behavioral harassment (through 
temporary threshold shift). The incidental taking of any species listed 
as threatened or endangered under the Endangered Species Act is 
prohibited.



Sec. 216.162  Effective dates.

    Regulations in this subpart are effective July 18, 2008 through July 
18, 2013.



Sec. 216.163  Mitigation.

    (a) Under a Letter of Authorization issued pursuant to Sec. 
216.106, the U.S. Navy may incidentally, but not intentionally, take 
marine mammals in the course of the activity described in Sec. 
216.161(a) provided all requirements of these regulations and such 
Letter of Authorization are met.
    (b) The activity identified in paragraph Sec. 216.161(a) of this 
section must be conducted in a manner that minimizes, to the greatest 
extent practicable, adverse impacts on marine mammals and their habitat. 
When detonating explosives, the following mitigation measures must be 
implemented:
    (1) Except as provided under the following paragraph (2), if any 
marine mammals are visually detected within the designated 3.5 nm (6.5 
km) Safety Range surrounding the USS MESA VERDE, detonation must be 
delayed until the marine mammals are positively resighted outside the 
Safety Range either due to the animal(s) swimming out of the Safety 
Range or due to the Safety Range moving beyond the mammal's last 
verified location.
    (2) If a North Atlantic right whale or other marine mammal listed 
under the Endangered Species Act (ESA) is seen within the Safety Range, 
detonation must not occur until the animal is positively resighted 
outside the Safety Range and at least one additional aerial monitoring 
of the Safety Range shows that no other right whales or other ESA-listed 
marine mammals are present;
    (3) If the sea state exceeds 3 on the Beaufort scale (i.e., 
whitecaps on 33 to 50 percent of surface; 2 ft (0.6 m) to 3 ft (0.9 m) 
waves), the visibility is equal to or less than 3 nm (5.6 km), or the 
aircraft ceiling (i.e., vertical visibility) is equal to or less than 
1,000 ft (305 m),

[[Page 77]]

detonation must not occur until conditions improve sufficiently for 
aerial surveillance to be undertaken.
    (4) A detonation must not be conducted earlier than 3 hours after 
sunrise or later than 3 hours prior to sunset to ensure adequate 
daylight for conducting the pre-detonation and post-detonation 
monitoring requirements in Sec. 216.165;
    (5) If post-detonation surveys determine that an injury or lethal 
take of a marine mammal has occurred,
    (i) the Director, Office of Protected Resources, National Marine 
Fisheries Service must be notified within 24 hours of the taking 
determination,
    (ii) the FSST procedures and monitoring methods must be reviewed in 
coordination with the National Marine Fisheries Service, and
    (iii) appropriate changes to avoid future injury or mortality must 
be made prior to conducting the next detonation.



Sec. 216.164  Prohibitions.

    No person in connection with the activities described in Sec. 
216.161(a) shall:
    (a) Take any marine mammal not specified in Sec. 216.161(b);
    (b) Take any marine mammal specified in Sec. 216.161(b) other than 
by incidental, unintentional Level A or Level B harassment or mortality;
    (c) Take a marine mammal specified in Sec. 216.161(b) if such 
taking results in more than a negligible impact on the species or stocks 
or marine mammals;
    (d) Violate, or failure to comply with, the requirements of a Letter 
of Authorization issued under Sec. 216.106.



Sec. 216.165  Requirements for monitoring and reporting.

    (a) The holder of the Letter of Authorization is required to 
cooperate with the National Marine Fisheries Service and any other 
Federal, or state or local agency with regulatory authority for 
monitoring the impacts of the activity on marine mammals. The holder 
must notify the Director, Office of Protected Resources, National Marine 
Fisheries Service at least 2 weeks prior to activities involving the 
detonation of explosives in order to satisfy paragraph (f) of this 
section.
    (b) The holder of the Letter of Authorization must designate at 
least 6 experienced on-site marine mammal observers (MMOs) onboard the 
USS MESA VERDE, 2 experienced MMOs onboard the survey aircraft and 2 
experienced MMOs onboard the Navy support vessel each of whom has been 
approved in advance by NMFS, to monitor the Safety Range for presence of 
marine mammals and to record the effects of explosives detonation on 
marine mammals that inhabit the Navy's Jacksonville/Charleston Operating 
Area offshore of Mayport, Florida.
    (c)(1) Prior to each detonation for the FSST, an area will be 
located which has been determined by an aerial survey to contain the 
lowest marine mammal abundance relative to other areas within the area 
off Mayport, FL.
    (2) The test area must be monitored by aerial and shipboard 
monitoring for the following periods of time:
    (i) 48-72 hours prior to a scheduled detonation (aircraft only),
    (ii) on the day of detonation,
    (iii) immediately after each detonation and continuing for at least 
3 hours subsequent to each detonation (or until sighting conditions 
become unsuitable for visual observations),
    (iv) for at least 2 days after each detonation, unless weather and/
or sea conditions preclude surveillance, in which case post-test survey 
dates must be extended, and
    (v) for a period of 7 days after the last detonation for a minimum 
of 3 hours per day at the detonation site and down-current from the 
site.
    (3) Monitoring shall include, but is not limited to, aerial and 
vessel surveillance sufficient to ensure that no marine mammals are 
within the designated Safety Range prior to or at the time of 
detonation.
    (d) Under the direction of an attending U.S.-licensed veterinarian 
(an attending U.S. licensed veterinarian is one who has graduated from a 
veterinary school accredited by the American Veterinary Medical 
Association Council on Education, has a certificate by the American 
Veterinary Graduates Association's Education Commission for Foreign 
Veterinary Graduates, or

[[Page 78]]

has received equivalent formal education, as determined by the NMFS 
Assistant Administrator), an examination and recovery of any dead or 
injured marine mammals will be conducted in accordance with protocols 
and best practices of the NOAA Health and Stranding Response Program. 
Necropsies will be performed and tissue samples taken from any dead 
animals. After completion of the necropsy, animals not retained for 
shoreside examination will be tagged and returned to the sea.
    (e) Activities related to the monitoring described in paragraphs (c) 
and (d) of this section, including the retention of marine mammals, may 
be conducted without a separate scientific research permit. The use of 
retained marine mammals for scientific research other than shoreside 
examination must be authorized pursuant to Subpart D of this part.
    (f) Subject to relevant Navy regulations, the National Marine 
Fisheries Service at its discretion may place an observer on any ship or 
aircraft involved in marine mammal monitoring either prior to, during, 
or after explosives detonation.
    (g) A final report must be submitted to the Director, Office of 
Protected Resources, no later than 120 days after completion of the USS 
MESA VERDE (LPD 19) shock trial. This report must contain the following 
information:
    (1) Date and time of all detonations conducted under the Letter of 
Authorization.
    (2) A detailed description of all pre-detonation and post-detonation 
activities related to mitigating and monitoring the effects of 
explosives detonation on marine mammals.
    (3) Results of the monitoring program, including numbers by species/
stock of any marine mammals noted injured or killed as a result of the 
detonation and an estimate of the number, by species, of marine mammals 
in the Safety Range at the time of detonation based on post-test aerial 
monitoring and current density estimates.
    (4) Results of coordination with coastal marine mammal/sea turtle 
stranding networks.



Sec. 216.166  Modifications to the Letter of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification, including withdrawal or suspension, to a 
Letter of Authorization issued pursuant to Sec. 216.106 and subject to 
the provisions of this subpart shall be made until after notice and an 
opportunity for public comment.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.151(b), the Letter of 
Authorization may be substantively modified without prior notification 
and an opportunity for public comment. Notification will be published in 
the Federal Register subsequent to the action.



Subpart P_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                       Hawaii Range Complex (HRC)

    Source: 74 FR 1484, Jan. 12, 2009, unless otherwise noted.

    Effective Date Note: At 74 FR 1484, Jan. 12, 2009, subpart P was 
added, effective Jan. 5, 2009 through Jan. 5, 2014.



Sec. 216.170  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occurs incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the Hawaii Operational Area, which extends from 16 to 
43[deg] N. lat. and from 150 to 179[deg] degrees W. long.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities:
    (1) The use of the following mid-frequency active sonar (MFAS) and 
high frequency active sonar (HFAS) sources, or similar sources, for Navy 
training activities (estimated amounts below):

[[Page 79]]

    (i) AN/SQS-53 (hull-mounted sonar)--up to 6420 hours over the course 
of 5 years (an average of 1284 hours per year)
    (ii) AN/SQS-56 (hull-mounted sonar)--up to 1915 hours over the 
course of 5 years (an average of 383 hours per year)
    (iii) AN/AQS-22 (helicopter dipping sonar)--up to 5050 dips over the 
course of 5 years (an average of 1010 dips per year)
    (iv) SSQ-62 (sonobuoys)--up to 12115 sonobuoys over the course of 5 
years (an average of 2423 sonobuoys per year)
    (v) MK-48 (torpedoes)--up to 1565 torpedoes over the course of 5 
years (an average of 313 torpedoes per year)
    (vi) AN/BQQ-10 (submarine mounted sonar)--up to 1000 hours over the 
course of 5 years (an average of 200 per year)
    (vii) AN/SSQ-125 (AEER sonar sonobuoy)--4800 sonobuoys (total, of 
IEER/EER and AEER combined) over the course of 5 years (an average of 
960 per year)
    (2) The detonation of the underwater explosives indicated in 
paragraph (c)(2)(i) of this section, or similar explosives, conducted as 
part of the training exercises indicated in paragraph (c)(2)(ii) of this 
section:
    (i) Underwater Explosives:
    (A) 5[sec] Naval Gunfire (9.5 lbs).
    (B) 76 mm rounds (1.6 lbs).
    (C) Maverick (78.5 lbs).
    (D) Harpoon (448 lbs).
    (E) MK-82 (238 lbs).
    (F) MK-83 (574 lbs).
    (G) MK-84 (945 lbs).
    (H) MK-48 (851 lbs).
    (I) Demolition Charges (20 lbs).
    (J) EER/IEER (5 lbs).
    (ii) Training Events:
    (A) Mine Neutralization--up to 340 exercises over the course of 5 
years (an average of 68 per year).
    (B) Air-to-Surface MISSILEX--up to 250 exercises over the course of 
5 years (an average of 50 per year).
    (C) Surface-to-Surface MISSILEX--up to 60 exercises over the course 
of 5 years (an average of 12 per year).
    (D) BOMBEX--up to 195 exercises over the course of 5 years (an 
average of 38 per year).
    (E) SINKEX--up to 30 exercises over the course of 5 years (an 
average of 6 per year).
    (F) Surface-to-Surface GUNEX--up to 455 exercises over the course of 
5 years (an average of 91 per year).
    (G) Naval Surface Fire Support--up to 140 exercises over the course 
of 5 years (an average of 28 per year).
    (H) EER/IEER--4800 sonobuoys (total, of EER/IEER and AEER combined) 
over the course of 5 years (an average of 960 sonobuoy deployments per 
year)
    (d) The taking of marine mammals may be authorized in an LOA for the 
activities and sources listed in Sec. 216.170(c) should the amounts 
(e.g., hours, dips, or number of exercises) vary from those estimated in 
Sec. 216.170(c), provided that the variation does not result in 
exceeding the amount of take indicated in Sec. 216.172(c).

[74 FR 1484, Jan. 12, 2009, as amended at 76 FR 6701, Feb. 8, 2011]



Sec. 216.171  Effective dates and definitions.

    (a) Amended regulations are effective February 4, 2011, through 
January 5, 2014.
    (b) The following definitions are utilized in these regulations:
    (1) Uncommon Stranding Event (USE)--A stranding event that takes 
place during a major training exercise and involves any one of the 
following:
    (i) Two or more individuals of any cetacean species (not including 
mother/calf pairs, unless of species of concern listed in next bullet) 
found dead or live on shore within a two day period and occurring on 
same shore lines or facing shorelines of different islands.
    (ii) A single individual or mother/calf pair of any of the following 
marine mammals of concern: Beaked whale of any species, Kogia sp., 
Risso's dolphin, melon-headed whale, pilot whales, humpback whales, 
sperm whales, blue whales, fin whales, sei whales, or monk seal.
    (iii) A group of 2 or more cetaceans of any species exhibiting 
indicators of distress.
    (2) Shutdown (this definition specifically applies only to the word 
as used in Sec. 216.174(a)(1)(xxviii)(A)(1) and (2))--The cessation of 
MFAS operation or detonation of explosives within 14 nm

[[Page 80]]

of any live, in the water animal involved in a USE.

[74 FR 1484, Jan. 12, 2009, as amended at 76 FR 6701, Feb. 8, 2011]



Sec. 216.172  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 216.177, the Holder of the Letter of Authorization may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec. 216.170(b), provided the activity is in compliance 
with all terms, conditions, and requirements of these regulations and 
the appropriate Letter of Authorization.
    (b) The activities identified in Sec. 216.170(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 216.170(c) is limited to the following species, by 
the indicated method of take and the indicated number of times:
    (1) Level B Harassment (10 percent of the 
number of takes indicated below):
    (i) Mysticetes:
    (A) Humpback whale (Megaptera novaeangliae)--49470 (an average of 
9894 annually).
    (B) Minke whale (Balaenoptera acutorostrata)--320 (an average of 64 
annually).
    (C) Sei whale (Balaenoptera borealis)--230 (an average of 46 
annually).
    (D) Fin whale (Balaenoptera physalus)--230 (an average of 46 
annually).
    (E) Bryde's whale (Balaenoptera edeni)--320 (an average of 64 
annually).
    (ii) Odontocetes:
    (A) Sperm whales (Physeter macrocephalus)--3905 (an average of 781 
annually).
    (B) Pygmy sperm whales (Kogia breviceps)--4325 (an average of 865 
annually).
    (C) Dwarf sperm whale (Kogia sima)--10610 (an average of 2122 
annually).
    (D) Cuvier's beaked whale (Ziphius cavirostris)--5750 (an average of 
1150 annually).
    (E) Blainville's beaked whale (Mesoplodon densirostris)--1785 (an 
average of 357 annually).
    (F) Longman's beaked whale (Indopacetus pacificus)--525 (an average 
of 105 annually).
    (G) Rough-toothed dolphin (Steno bredanensis)--5385 (an average of 
1077 annually).
    (H) Bottlenose dolphin (Tursiops truncatus)--3670 ( an average of 
734 annually).
    (I) Pan-tropical dolphins (Stenella attenuata)--10995 (an average of 
2199 annually).
    (J) Spinner dolphins (Stenella longirostris)--2105 (an average of 
421 annually).
    (K) Striped dolphins (Stenella coeruleoalba)--16045 (an average of 
3209 annually).
    (L) Risso's dolphin (Grampus griseus)--2485 (an average of 497 
annually).
    (M) Melon-headed whale (Peponocephala electra)--2985 (an average of 
597 annually).
    (N) Fraser's dolphin (Lagenodelphis hosei)--6235 (an average of 1247 
annually).
    (O) Pygmy killer whale (Feresa attenuata)--980 (an average of 196 
annually).
    (P) False killer whale (Pseudorca crassidens)--230 (an average of 46 
annually).
    (Q) Killer whale (Orcinus orca)--230 (an average of 46 annually).
    (R) Short-finned pilot whale (Globicephala macrorynchus)--8990 (an 
average of 1798 annually).
    (iii) Pinnipeds: Hawaiian monk seal (Monachus schauinslandi)--550 
(an average of 110 annually).
    (2) Level A Harassment and/or mortality of no more than 10 
individuals total of each of the species listed below over the course of 
the 5-year regulations: Bottlenose dolphin (Tursiops truncatus), Pygmy 
and Dwarf sperm whales (Kogia breviceps and sima), Melon-headed whale 
(Peponocephala electra), Pantropical spotted dolphin (Stenella 
attenuata), Pygmy killer whale (Feresa attenuata), Short-finned pilot 
whale (Globicephala macrorynchus), Striped dolphin (Stenella 
coeruleoalba), and Cuvier's beaked whale (Ziphius cavirostris), 
Blainville's

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beaked whale, (Mesoplodon densirostris), Longman's beaked whale 
(Indopacetus pacificus).



Sec. 216.173  Prohibitions.

    Notwithstanding takings contemplated in Sec. 216.172 and authorized 
by a Letter of Authorization issued under Sec. Sec. 216.106 and 
216.177, no person in connection with the activities described in Sec. 
216.170 may:
    (a) Take any marine mammal not specified in Sec. 216.172(c);
    (b) Take any marine mammal specified in Sec. 216.172(c) other than 
by incidental take as specified in Sec. 216.172(c)(1) and (2);
    (c) Take a marine mammal specified in Sec. 216.172(c) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.177.



Sec. 216.174  Mitigation.

    (a) When conducting training activities identified in Sec. 
216.170(c), the mitigation measures contained in the Letter of 
Authorization issued under Sec. Sec. 216.106 of this chapter and 
216.177 must be implemented. These mitigation measures include, but are 
not limited to:
    (1) Mitigation Measures for ASW training: (i) All lookouts onboard 
platforms involved in ASW training events shall review the NMFS-approved 
Marine Species Awareness Training (MSAT) material prior to use of mid-
frequency active sonar.
    (ii) All Commanding Officers, Executive Officers, and officers 
standing watch on the Bridge shall have reviewed the MSAT material prior 
to a training event employing the use of mid-frequency active sonar.
    (iii) Navy lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (NAVEDTRA, 12968-D).
    (iv) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, Lookouts shall 
complete the Personal Qualification Standard program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects).
    (v) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure in order 
to facilitate implementation of mitigation measures if marine species 
are spotted.
    (vi) On the bridge of surface ships, there shall be at least three 
people on watch whose duties include observing the water surface around 
the vessel.
    (vii) All surface ships participating in ASW exercises shall, in 
addition to the three personnel on watch noted previously, have at all 
times during the exercise at least two additional personnel on watch as 
lookouts.
    (viii) Personnel on lookout and officers on watch on the bridge 
shall have at least one set of binoculars available for each person to 
aid in the detection of marine mammals.
    (ix) On surface vessels equipped with mid-frequency active sonar, 
pedestal mounted ``Big Eye'' (20x110) binoculars shall be present and in 
good working order.
    (x) Personnel on lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (xi) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook.
    (xii) Personnel on lookout shall be responsible for reporting all 
objects or anomalies sighted in the water (regardless of the distance 
from the vessel) to the Officer of the Deck.
    (xiii) CPF shall distribute the final mitigation measures contained 
in the LOA and BO to the Fleet.
    (xiv) Commanding Officers shall make use of marine species detection 
cues and information to limit interaction with marine species to the 
maximum extent possible consistent with safety of the ship.
    (xv) All personnel engaged in passive acoustic sonar operation 
(including aircraft, surface ships, or submarines)

[[Page 82]]

shall monitor for marine mammal vocalizations and report the detection 
of any marine mammal to the appropriate watch station for dissemination 
and appropriate action.
    (xvi) During mid-frequency active sonar training activities, 
personnel shall utilize all available sensor and optical systems (such 
as Night Vision Goggles) to aid in the detection of marine mammals.
    (xvii) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine mammals as long as it does not violate safety constraints or 
interfere with the accomplishment of primary operational duties.
    (xviii) Aircraft with deployed sonobuoys shall use only the passive 
capability of sonobuoys when marine mammals are detected within 200 
yards (182 m) of the sonobuoy.
    (xix) Marine mammal detections shall be reported immediately to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate where it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (xx) Safety Zones--When marine mammals are detected by any means 
(aircraft, shipboard lookout, or acoustically) the Navy shall ensure 
that MFAS transmission levels are limited to at least 6 dB below normal 
operating levels if any detected marine mammals are within 1000 yards 
(914 m) of the sonar dome (the bow).
    (A) Ships and submarines shall continue to limit maximum MFAS 
transmission levels by this 6-dB factor until the marine mammal has been 
seen to leave the area, has not been detected for 30 minutes, or the 
vessel has transited more than 2,000 yards (1828 m) beyond the location 
of the last detection.
    (B) The Navy shall ensure that MFAS transmissions will be limited to 
at least 10 dB below the equipment's normal operating level if any 
detected animals are within 500 yards (457 m) of the sonar dome. Ships 
and submarines shall continue to limit maximum ping levels by this 10-dB 
factor until the marine mammal has been seen to leave the area, has not 
been detected for 30 minutes, or the vessel has transited more than 2000 
yards (1828 m) beyond the location of the last detection.
    (C) The Navy shall ensure that MFAS transmissions are ceased if any 
detected marine mammals are within 200 yards of the sonar dome. MFAS 
transmissions will not resume until the marine mammal has been seen to 
leave the area, has not been detected for 30 minutes, or the vessel has 
transited more than 2,000 yards beyond the location of the last 
detection.
    (D) Special conditions applicable for dolphins and porpoises only: 
If, after conducting an initial maneuver to avoid close quarters with 
dolphins or porpoises, the Officer of the Deck concludes that dolphins 
or porpoises are deliberately closing to ride the vessel's bow wave, no 
further mitigation actions are necessary while the dolphins or porpoises 
continue to exhibit bow wave riding behavior.
    (E) If the need for power-down should arise as detailed in ``Safety 
Zones'' in paragraph (a)(1)(xx) of this section, Navy shall follow the 
requirements as though they were operating at 235 dB--the normal 
operating level (i.e., the first power-down will be to 229 dB, 
regardless of at what level above 235 dB sonar was being operated).
    (xxi) Prior to start up or restart of active sonar, operators shall 
check that the Safety Zone radius around the sound source is clear of 
marine mammals.
    (xxii) Sonar levels (generally)--Navy shall operate sonar at the 
lowest practicable level, not to exceed 235 dB, except as required to 
meet tactical training objectives.
    (xxiii) Helicopters shall observe/survey the vicinity of an ASW 
Exercise for 10 minutes before the first deployment of active (dipping) 
sonar in the water.
    (xxiv) Helicopters shall not dip their sonar within 200 yards (183 
m) of a marine mammal and shall cease pinging if a marine mammal closes 
within 200 yards (183 m) after pinging has begun.
    (xxv) Submarine sonar operators shall review detection indicators of 
close-aboard marine mammals prior to the commencement of ASW training

[[Page 83]]

activities involving active mid-frequency sonar.
    (xxvi) Night vision goggles shall be available to all ships and air 
crews, for use as appropriate.
    (xxvii) Humpback Whale Cautionary Area: An area extending 5km (2.7 
nm) from a line drawn from Kaunakakai on the island of Molokai to Kaena 
Point on the Island of Lanai; and an area extending 5 km (2.7 nm) from a 
line drawn from Kaunolu on the Island of Lanai to the most Northeastern 
point on the Island of Kahoolawe; and within a line drawn from Kanapou 
Bay on the Island of Kahoolawe to Kanahena Point on the Island of Maui 
and a line drawn from Cape Halawa on the Island of Molokai to Lipo Point 
on the Island of Maui, excluding the existing submarine operating area.
    (A) Should national security needs require MFAS training and testing 
in the cautionary area between 15 December and 15 April, it must be 
personally authorized by the Commander, U.S. Pacific Fleet based on his 
determination that training and testing in that specific area is 
required for national security purposes. This authorization shall be 
documented by the CPF in advance of transiting and training in the 
cautionary area, and the determination shall be based on the unique 
characteristics of the area from a military readiness perspective, 
taking into account the importance of the area for humpback whales and 
the need to minimize adverse impacts on humpback whales from MFAS 
whenever practicable. Further, Commander, U.S. Pacific Fleet will 
provide specific direction on required mitigation measures prior to 
operational units transiting to and training in the cautionary area.
    (B) The Navy shall provide advance notification to NMFS of any such 
activities (listed in paragraph (a)(1)(xxvii)(A)of this section).
    (C) The Navy shall include in its periodic reports for compliance 
with the MMPA whether or not activities occurred in the Humpback Whale 
Cautionary Area and any observed effects on humpback whales due to the 
conduct of these activities.
    (xxviii) The Navy shall abide by the letter of the ``Stranding 
Response Plan for Major Navy Training Exercises in the HRC'' to include 
the following measures:
    (A) Shutdown Procedures--When an Uncommon Stranding Event (USE--
defined in Sec. 216.171(b)) occurs during a Major Training Exercise 
(MTE, including RIMPAC, USWEX, or Multi-Strike Group Exercise) in the 
HRC, the Navy shall implement the procedures described below.
    (1) The Navy shall implement a Shutdown (as defined Sec. 
216.171(b)) when advised by a NMFS Office of Protected Resources 
Headquarters Senior Official designated in the HRC Stranding 
Communication Protocol that a USE involving live animals has been 
identified and that at least one live animal is located in the water. 
NMFS and Navy will maintain a dialogue, as needed, regarding the 
identification of the USE and the potential need to implement shutdown 
procedures.
    (2) Any shutdown in a given area shall remain in effect in that area 
until NMFS advises the Navy that the subject(s) of the USE at that area 
die or are euthanized, or that all live animals involved in the USE at 
that area have left the area (either of their own volition or herded).
    (3) If the Navy finds an injured or dead animal floating at sea 
during an MTE, the Navy shall notify NMFS immediately or as soon as 
operational security considerations allow. The Navy shall provide NMFS 
with species or description of the animal(s), the condition of the 
animal(s) including carcass condition if the animal(s) is/are dead), 
location, time of first discovery, observed behavior (if alive), and 
photo or video (if available). Based on the information provided, NMFS 
will determine if, and advise the Navy whether a modified shutdown is 
appropriate on a case-by-case basis.
    (4) In the event, following a USE, that qualified individuals are 
attempting to herd animals back out to the open ocean and animals are 
not willing to leave, or animals are seen repeatedly heading for the 
open ocean but turning back to shore, NMFS and the Navy shall coordinate 
(including an investigation of other potential anthropogenic stressors 
in the area) to determine if the proximity of MFAS training activities 
or explosive detonations,

[[Page 84]]

though farther than 14 nm from the distressed animal(s), is likely 
contributing to the animals' refusal to return to the open water. If so, 
NMFS and the Navy will further coordinate to determine what measures are 
necessary to improve the probability that the animals will return to 
open water and implement those measures as appropriate.
    (B) Within 72 hours of NMFS notifying the Navy of the presence of a 
USE, the Navy shall provide available information to NMFS (per the HRC 
Communication Protocol) regarding the location, number and types of 
acoustic/explosive sources, direction and speed of units using MFAS, and 
marine mammal sightings information associated with training activities 
occurring within 80 nm (148 km) and 72 hours prior to the USE event. 
Information not initially available regarding the 80 nm (148 km), 72 
hour period prior to the event will be provided as soon as it becomes 
available. The Navy will provide NMFS investigative teams with 
additional relevant unclassified information as requested, if available.
    (C) Memorandum of Agreement (MOA)--The Navy and NMFS shall develop a 
MOA, or other mechanism consistent with federal fiscal law requirements 
(and all other applicable laws), that will establish a framework whereby 
the Navy can (and provide the Navy examples of how they can best) assist 
NMFS with stranding investigations in certain circumstances.
    (xxix) While in transit, naval vessels shall be alert at all times, 
use extreme caution, and proceed at a ``safe speed'' so that the vessel 
can take proper and effective action to avoid a collision with any 
marine animal and can be stopped within a distance appropriate to the 
prevailing circumstances and conditions.
    (xxx) When marine mammals have been sighted in the area, Navy 
vessels shall increase vigilance and take reasonable and practicable 
actions to avoid collisions and activities that might result in close 
interaction of naval assets and marine mammals. Actions may include 
changing speed and/or direction and are dictated by environmental and 
other conditions (e.g., safety, weather).
    (2) Mitigation for IEER--The following are protective measures for 
use with Extended Echo Ranging/Improved Extended Echo Ranging (EER/IEER) 
given an explosive source generates the acoustic wave used in this 
sonobuoy.
    (i) Crews shall conduct aerial visual reconnaissance of the drop 
area prior to laying their intended sonobuoy pattern. This search should 
be conducted below 500 yards (457 m) at a slow speed, if operationally 
feasible and weather conditions permit. In dual aircraft training 
activities, crews are allowed to conduct coordinated area clearances.
    (ii) Crews shall conduct a minimum of 30 minutes of visual and 
acoustic monitoring of the search area prior to commanding the first 
post detonation. This 30-minute observation period may include pattern 
deployment time.
    (iii) For any part of the briefed pattern where a post (source/
receiver sonobuoy pair) will be deployed within 1,000 yards (914 m) of 
observed marine mammal activity, the Navy shall deploy the receiver ONLY 
and monitor while conducting a visual search. When marine mammals are no 
longer detected within 1,000 yards (914 m) of the intended post 
position, co-locate the explosive source sonobuoy (AN/SSQ-110A) (source) 
with the receiver.
    (iv) When able, crews will conduct continuous visual and aural 
monitoring of marine mammal activity. This is to include monitoring of 
own-aircraft sensors from first sensor placement to checking off station 
and out of communication range of these sensors.
    (v) Aural Detection: If the presence of marine mammals is detected 
aurally, then that shall cue the aircrew to increase the diligence of 
their visual surveillance. Subsequently, if no marine mammals are 
visually detected, then the crew may continue multi-static active 
search.
    (vi) Visual Detection:
    (A) If marine mammals are visually detected within 1,000 yards (914 
m) of the explosive source sonobuoy (AN/SSQ-110A) intended for use, then 
that payload shall not be detonated. Aircrews may utilize this post once 
the marine mammals have not been re-sighted for 30 minutes, or are 
observed

[[Page 85]]

to have moved outside the 1,000 yards (914 m) safety buffer.
    (B) Aircrews may shift their multi-static active search to another 
post, where marine mammals are outside the 1,000 yards (914 m) safety 
buffer.
    (vii) Aircrews shall make every attempt to manually detonate the 
unexploded charges at each post in the pattern prior to departing the 
operations area by using the ``Payload 1 Release'' command followed by 
the ``Payload 2 Release'' command. Aircrews shall refrain from using the 
``Scuttle'' command when two payloads remain at a given post. Aircrews 
will ensure that a 1,000 yard (914 m) safety buffer, visually clear of 
marine mammals, is maintained around each post as is done during active 
search operations.
    (viii) Aircrews shall only leave posts with unexploded charges in 
the event of a sonobuoy malfunction, an aircraft system malfunction, or 
when an aircraft must immediately depart the area due to issues such as 
fuel constraints, inclement weather, and in-flight emergencies. In these 
cases, the sonobuoy will self-scuttle using the secondary or tertiary 
method.
    (ix) The navy shall ensure all payloads are accounted for. Explosive 
source sonobuoys (AN/SSQ-110A) that cannot be scuttled shall be reported 
as unexploded ordnance via voice communications while airborne, then 
upon landing via naval message.
    (x) Marine mammal monitoring shall continue until out of own-
aircraft sensor range.
    (3) Mitigation for Demolitions (DEMOs) and Mine Countermeasure (MCM) 
Training (Up to 20 lb).
    (i) Exclusion Zones--Explosive charges shall not be detonated if a 
marine mammal is detected within 700 yards (640 m) of the detonation 
site.
    (ii) Pre-Exercise Surveys--For MCM training activities, the Navy 
shall conduct a pre-exercise survey within 30 minutes prior to the 
commencement of the scheduled explosive event. The survey may be 
conducted from the surface, by divers, and/or from the air. If a marine 
mammal is detected within the survey area, the exercise shall be 
suspended until the animal voluntarily leaves the area.
    (iii) Post-Exercise Surveys--Surveys within the same radius shall 
also be conducted within 30 minutes after the completion of the 
explosive event.
    (iv) Reporting--Any evidence of a marine mammal that may have been 
injured or killed by the action shall be reported immediately to NMFS.
    (v) Mine Laying Training--Though mine laying training operations 
involve aerial drops of inert training shapes on floating targets, 
measures 1, 2, and 3 for Demolitions and Mine countermeasures will apply 
to mine laying training. To the maximum extent feasible, the Navy shall 
retrieve inert mine shapes dropped during Mine Laying Training.
    (4) Mitigation for SINKEX, GUNEX, MISSILEX, and BOMBEX. (i) All 
weapons firing shall be conducted during the period 1 hour after 
official sunrise to 30 minutes before official sunset.
    (ii) Extensive range clearance operations shall be conducted in the 
hours prior to commencement of the exercise.
    (iii) An exclusion zone with a radius of 1.0 nm (1.85 km) shall be 
established around each target. An additional buffer of 0.5 nm (0.93 km) 
shall be added to account for errors, target drift, and animal 
movements. Additionally, a safety zone, which extends out an additional 
0.5 nm (0.93 km), shall be surveyed. Together, the zones extend out 2 nm 
(3.7 km) from the target.
    (iv) A series of surveillance over-flights shall be conducted within 
the exclusion and the safety zones, prior to and during the exercise, 
when feasible. Survey protocol would be as follows:
    (A) Overflights within the exclusion zone shall be conducted in a 
manner that optimizes the surface area of the water observed. This may 
be accomplished through the use of the Navy's Search and Rescue (SAR) 
Tactical Aid (TACAID).
    (B) All visual surveillance activities shall be conducted by Navy 
personnel trained in visual surveillance. At least one member of the 
mitigation team shall have completed the Navy's marine mammal training 
program for lookouts.
    (C) In addition to the overflights, the exclusion zone shall be 
monitored by passive acoustic means, when assets

[[Page 86]]

are available. This passive acoustic monitoring shall be maintained 
throughout the exercise. Potential assets include sonobuoys, which can 
be utilized to detect any vocalizing marine mammals in the vicinity of 
the exercise. The sonobuoys shall be re-seeded as necessary throughout 
the exercise. Additionally, passive sonar onboard submarines may be 
utilized to detect any vocalizing marine mammals in the area. The 
Officer Conducting the Exercise (OCE) shall be informed of any aural 
detection of marine mammals and would include this information in the 
determination of when it is safe to commence the exercise.
    (D) On each day of the exercise, aerial surveillance of the 
exclusion and safety zones shall commence two hours prior to the first 
firing.
    (E) The results of all visual, aerial, and acoustic searches shall 
be reported immediately to the OCE. No weapons launches or firing would 
commence until the OCE declares the safety and exclusion zones free of 
marine mammals.
    (F) If a marine mammal observed within the exclusion zone is diving, 
firing shall be delayed until the animal is re-sighted outside the 
exclusion zone, or 30 minutes has elapsed.
    (G) During breaks in the exercise of 30 minutes or more, the 
exclusion zone shall again be surveyed for any marine mammals. If marine 
mammals are sighted within the exclusion zone, the OCE would be 
notified, and the procedure described in paragraph (a)(4)(iv)(F) of this 
section would be followed.
    (H) Upon sinking of the vessel, a final surveillance of the 
exclusion zone shall be monitored for two hours, or until sunset, to 
verify that no marine mammals were harmed.
    (v) Aerial surveillance would be conducted using helicopters or 
other aircraft based on necessity and availability. These aircraft shall 
be capable of (and shall, to the extent practicable) flying at the slow 
safe speeds necessary to enable viewing of marine mammals with 
unobstructed, or minimally obstructed, downward and outward visibility. 
The Navy may cancel the exclusion and safety zone surveys in the event 
that a mechanical problem, emergency search and rescue, or other similar 
and unexpected event preempts the use of one of the aircraft onsite for 
the exercise.
    (vi) Where practicable, the Navy shall conduct the exercise in sea 
states that are ideal for marine mammal sighting, i.e., Beaufort Sea 
State 3 or less. In the event of a Beaufort Sea State of 4 or above, the 
Navy shall utilize additional aircraft (conducting tight search 
patterns), if available, to increase survey efforts within the zones.
    (vii) The exercise shall not be conducted unless the exclusion zone 
can be adequately monitored visually.
    (viii) In the unlikely event that any marine mammals are observed to 
be harmed in the area, a detailed description of the animal shall be 
documented, the location noted, and if possible, photos taken. This 
information would be provided to NMFS.
    (b) [Reserved]



Sec. 216.175  Requirements for monitoring and reporting.

    (a) As outlined in the HRC Stranding Communication Plan, the Holder 
of the Authorization must notify NMFS immediately (or as soon as 
clearance procedures allow) if the specified activity identified in 
Sec. 216.170(c) is thought to have resulted in the mortality or injury 
of any marine mammals, or in any take of marine mammals not identified 
in Sec. 216.172(c).
    (b) The Holder of the Letter of Authorization must conduct all 
monitoring and required reporting under the Letter of Authorization, 
including abiding by the HRC Monitoring Plan.
    (c) The Navy shall complete an Integrated Comprehensive Monitoring 
Plan (ICMP) in 2009. This planning and adaptive management tool shall 
include:
    (1) A method for prioritizing monitoring projects that clearly 
describes the characteristics of a proposal that factor into its 
priority.
    (2) A method for annually reviewing, with NMFS, monitoring results, 
Navy R&D, and current science to use for potential modification of 
mitigation or monitoring methods.
    (3) A detailed description of the Monitoring Workshop to be convened 
in

[[Page 87]]

2011 and how and when Navy/NMFS will subsequently utilize the findings 
of the Monitoring Workshop to potentially modify subsequent monitoring 
and mitigation.
    (4) An adaptive management plan.
    (5) A method for standardizing data collection across Range 
Complexes.
    (d) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy training exercise utilizing MFAS, HFAS, or 
underwater explosive detonations. The Navy shall provide NMFS with 
species or description of the animal(s), the condition of the animal(s) 
(including carcass condition if the animal is dead), location, time of 
first discovery, observed behaviors (if alive), and photo or video (if 
available). The Navy shall consult the Stranding Response Plan to obtain 
more specific reporting requirements for specific circumstances.
    (e) Annual HRC Monitoring Plan Report--The Navy shall submit a 
report annually on October 1 describing the implementation and results 
(through August 1 of the same year) of the HRC Monitoring Plan, 
described in Sec. 216.175(b). Data collection methods will be 
standardized across range complexes to allow for comparison in different 
geographic locations. Although additional information will be gathered, 
the marine mammal observers (MMOs) collecting marine mammal data 
pursuant to the HRC Monitoring Plan shall, at a minimum, provide the 
same marine mammal observation data required in Sec. 216.175(f)(1).
    The HRC Monitoring Plan Report may be provided to NMFS within a 
larger report that includes the required Monitoring Plan Reports from 
multiple Range Complexes.
    (f) Annual HRC Exercise Report--The Navy shall submit an Annual HRC 
Exercise Report on October 1 of every year (covering data gathered 
through August 1 (or completion of RIMPAC if later than Aug 1) of the 
same year). This report shall contain information identified in 
subsections 216.175(f)(1)-(f)(5).
    (1) MFAS/HFAS Major Training Exercises--This section shall contain 
the following information for Major Training Exercises (MTEs, which 
include RIMPAC, USWEX, and Multi Strike Group) conducted in the HRC:
    (i) Exercise Information (for each MTE):
    (A) Exercise designator.
    (B) Date that exercise began and ended.
    (C) Location.
    (D) Number and types of active sources used in the exercise.
    (E) Number and types of passive acoustic sources used in exercise.
    (F) Number and types of vessels, aircraft, etc., participating in 
exercise.
    (G) Total hours of observation by watchstanders.
    (H) Total hours of all active sonar source operation.
    (I) Total hours of each active sonar source (along with explanation 
of how hours are calculated for sources typically quantified in 
alternate way (buoys, torpedoes, etc.)).
    (J) Wave height (high, low, and average during exercise).
    (ii) Individual marine mammal sighting info (for each sighting in 
each MTE).
    (A) Location of sighting.
    (B) Species (if not possible--indication of whale/dolphin/pinniped).
    (C) Number of individuals.
    (D) Calves observed (y/n).
    (E) Initial Detection Sensor.
    (F) Indication of specific type of platform observation made from 
(including, for example, what type of surface vessel, i.e., FFG, DDG, or 
CG).
    (G) Length of time observers maintained visual contact with marine 
mammal.
    (H) Wave height (in feet).
    (I) Visibility.
    (J) Sonar source in use (y/n).
    (K) Indication of whether animal is <200yd, 200-500yd, 500-1000yd, 
1000-2000yd, or 2000yd from sonar source in paragraph 
(f)(1)(ii)(J) of this section.
    (L) Mitigation Implementation--Whether operation of sonar sensor was 
delayed, or sonar was powered or shut down, and how long the delay was.

[[Page 88]]

    (M) If source in use (see paragraph (f)(1)(ii)(J) of this section) 
is hullmounted, true bearing of animal from ship, true direction of 
ship's travel, and estimation of animal's motion relative to ship 
(opening, closing, parallel).
    (N) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animals (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming, etc.).
    (iii) An evaluation (based on data gathered during all of the MTEs) 
of the effectiveness of mitigation measures designed to avoid exposing 
to mid-frequency sonar. This evaluation shall identify the specific 
observations that support any conclusions the Navy reaches about the 
effectiveness of the mitigation.
    (2) ASW Summary--This section shall include the following 
information as summarized from both MTEs and non-major training 
exercises (i.e., unit-level exercises, such as TRACKEXs):
    (i) Total annual hours of each type of sonar source (along with 
explanation of how hours are calculated for sources typically quantified 
in alternate way (buoys, torpedoes, etc.)).
    (ii) Total hours (from December 15 through April 15) of hullmounted 
active sonar operation occurring in the dense humpback areas plus a 5-km 
buffer, but not including the Pacific Missile Range Facility. The Navy 
shall work with NMFS to develop the exact boundaries of this area.
    (iii) Total estimated annual hours of hull-mounted active sonar 
operation conducted in Humpback Whale Cautionary area between December 
15 and April 15.
    (iv) Cumulative Impact Report--To the extent practicable, the Navy, 
in coordination with NMFS, shall develop and implement a method of 
annually reporting non-major (i.e., other than RIMPAC, USWEX, or Multi-
Strike Group Exercises) training exercises utilizing hull-mounted sonar. 
The report shall present an annual (and seasonal, where practicable) 
depiction of non-major training exercises geographically across the HRC. 
The Navy shall include (in the HRC annual report) a brief annual 
progress update on the status of development until an agreed-upon (with 
NMFS) method has been developed and implemented.
    (3) SINKEXs--This section shall include the following information 
for each SINKEX completed that year:
    (i) Exercise information (gathered for each SINKEX):
    (A) Location.
    (B) Date and time exercise began and ended.
    (C) Total hours of observation by watchstanders before, during, and 
after exercise.
    (D) Total number and types of rounds expended/explosives detonated.
    (E) Number and types of passive acoustic sources used in exercise.
    (F) Total hours of passive acoustic search time.
    (G) Number and types of vessels, aircraft, etc., participating in 
exercise.
    (H) Wave height in feet (high, low and average during exercise).
    (I) Narrative description of sensors and platforms utilized for 
marine mammal detection and timeline illustrating how marine mammal 
detection was conducted.
    (ii) Individual marine mammal observation (by Navy lookouts) 
information (gathered for each marine mammal sighting):
    (A) Location of sighting.
    (B) Species (if not possible, indicate whale, dolphin or pinniped).
    (C) Number of individuals.
    (D) Whether calves were observed.
    (E) Initial detection sensor.
    (F) Length of time observers maintained visual contact with marine 
mammal.
    (G) Wave height.
    (H) Visibility.
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after.
    (J) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated)--use four categories to define distance:
    (1) The modeled injury threshold radius for the largest explosive 
used in that exercise type in that OPAREA (91 m for SINKEX in HRC);
    (2) The required exclusion zone (1 nm for SINKEX in HRC);

[[Page 89]]

    (3) The required observation distance (if different than the 
exclusion zone (2 nm for SINKEX in HRC); and
    (4) Greater than the required observed distance. For example, in 
this case, the observer would indicate if < 91 m, from 91 m--1 nm, from 
1 nm--2 nm, and  2 nm.
    (K) Observed behavior--Watchstanders will report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animal(s) (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction.
    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long.
    (M) If observation occurs while explosives are detonating in the 
water, indicate munition type in use at time of marine mammal detection.
    (4) IEER Summary--This section shall include an annual summary of 
the following IEER information:
    (i) Total number of IEER events conducted in the HRC.
    (ii) Total expended/detonated rounds (buoys).
    (iii) Total number of self-scuttled IEER rounds.
    (5) Explosives Summary--To the extent practicable, the Navy will 
provide the information described below for all of their explosive 
exercises. Until the Navy is able to report in full the information 
below, they will provide an annual update on the Navy's explosive 
tracking methods, including improvements from the previous year.
    (i) Total annual number of each type of explosive exercises (of 
those identified as part of the ``specified activity'' in this final 
rule) conducted in the HRC.
    (ii) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (g) Sonar Exercise Notification--The Navy shall submit to the NMFS 
Office of Protected Resources (specific contact information to be 
provided in LOA) either an electronic (preferably) or verbal report 
within fifteen calendar days after the completion of any major exercise. 
(RIMPAC, USWEX, or Multi Strike Group) indicating:
    (1) Location of the exercise.
    (2) Beginning and end dates of the exercise.
    (3) Type of exercise (e.g., RIMPAC, USWEX, or Multi Strike Group).
    (h) HRC 5-yr Comprehensive Report--The Navy shall submit to NMFS a 
draft report that analyzes and summarizes all of the multi-year marine 
mammal information gathered during ASW and explosive exercises for which 
annual reports are required (Annual HRC Exercise Reports and HRC 
Monitoring Plan Reports). This report will be submitted at the end of 
the fourth year of the rule (November 2012), covering activities that 
have occurred through June 1, 2012.
    (i) Comprehensive National ASW Report--By June 2014, the Navy shall 
submit a draft Comprehensive National Report that analyzes, compares, 
and summarizes the active sonar data gathered (through January 1, 2014) 
from the watchstanders in accordance with the Monitoring Plans for the 
HRC, the Atlantic Fleet Active Sonar Training, the Southern California 
(SOCAL) Range Complex, the Marianas Range Complex, the Northwest 
Training Range, the Gulf of Alaska, and the East Coast Undersea Warfare 
Training Range.
    (j) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the HRC Comprehensive Report, 
the draft National ASW report, the Annual HRC Exercise Report, or the 
Annual HRC Monitoring Plan Report (or the multi-Range Complex Annual 
Monitoring Plan Report, if that is how the Navy chooses to submit the 
information) if submitted within 3 months of receipt. These reports will 
be considered final after the Navy has addressed NMFS' comments or 
provided the requested information, or three months after the submittal 
of the draft if NMFS does not comment by then.
    (k) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations

[[Page 90]]

(to the Navy and NMFS) of ways of improving the Monitoring Plans. The 
recommendations shall be reviewed by the Navy, in consultation with 
NMFS, and modifications to the Monitoring Plan shall be made, as 
appropriate.



Sec. 216.176  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to the regulations in 
this subpart, the U.S. citizen (as defined by Sec. 216.103 of this 
chapter) conducting the activity identified in Sec. 216.170(c) (the 
U.S. Navy) must apply for and obtain either an initial Letter of 
Authorization in accordance with Sec. 216.177 or a renewal under Sec. 
216.178.



Sec. 216.177  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 216.178.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 216.178  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
216.177 for the activity identified in Sec. 216.170(c) will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 216.176 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt (by the dates indicated in these regulations) of 
the monitoring reports required under Sec. 216.175(c) through (j); and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 216.174 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 216.177, were 
undertaken and will be undertaken during the upcoming annual period of 
validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under this Sec. 216.106 and Sec. 216.178 indicates that a substantial 
modification, as determined by NMFS, to the described work, mitigation 
or monitoring undertaken during the upcoming season will occur, the NMFS 
will provide the public a period of 30 days for review and comment on 
the request. Review and comment on renewals of Letters of Authorization 
are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring. Below are some of 
the possible sources of new data that could contribute to the decision 
to modify the mitigation or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from the HRC or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 216.175(q)).
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the ICMP (Sec. 216.175(d)).

[[Page 91]]

    (4) Results from specific stranding investigations (either from the 
HRC Study Area or other locations, and involving coincident MFAS/HFAS or 
explosives training or not involving coincident use).
    (5) Results from the Long Term Prospective Study. (6) Results from 
general marine mammal and sound research (funded by the Navy (or 
otherwise).



Sec. 216.179  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 216.177 and subject to the provisions of this subpart shall be made 
until after notification and an opportunity for public comment has been 
provided. For purposes of this paragraph, a renewal of a Letter of 
Authorization under Sec. 216.178, without modification (except for the 
period of validity), is not considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.172(c), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.177 may be 
substantively modified without prior notification and an opportunity for 
public comment. Notification will be published in the Federal Register 
within 30 days subsequent to the action.



  Subpart Q_Taking of Marine Mammals Incidental to Navy Operations of 
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS LFA 
                              sonar) Sonar

    Source: 72 FR 46890, Aug. 21, 2007, unless otherwise noted.

    Effective Date Note: At 72 FR 46890, Aug. 21, 2007, subpart Q, 
consisting of Sec. Sec. 216.180 through 216.191 were added, effective 
Aug. 16, 2007 through Aug. 15, 2012.



Sec. 216.180  Specified activity.

    Regulations in this subpart apply only to the incidental taking of 
those marine mammal species specified in paragraph (b) of this section 
by the U.S. Navy, Department of Defense, while engaged in the operation 
of no more than four SURTASS LFA sonar systems conducting active sonar 
operations, in areas specified in paragraph (a) of this section. The 
authorized activities, as specified in a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.188, include the transmission of low 
frequency sounds from the SURTASS LFA sonar and the transmission of high 
frequency sounds from the mitigation sonar described in Sec. 216.185 
during training, testing, and routine military operations of SURTASS LFA 
sonar.
    (a) With the exception of those areas specified in Sec. 216.183(d), 
the incidental taking by harassment may be authorized in the areas 
(biomes, provinces, and subprovinces) described in Longhurst (1998), as 
specified in a Letter of Authorization.
    (b) The incidental take, by Level A and Level B harassment, of 
marine mammals from the activity identified in this section is limited 
to the following species and species groups:
    (1) Mysticete whales--blue (Balaenoptera musculus), fin 
(Balaenoptera physalus), minke (Balaenoptera acutorostrata), Bryde's 
(Balaenoptera edeni), sei (Balaenoptera borealis), humpback (Megaptera 
novaeangliae), North Atlantic right (Eubalaena glacialis), North Pacific 
right (Eubalena japonica) southern right (Eubalaena australis), pygmy 
right (Capera marginata), bowhead (Balaena mysticetus), and gray 
(Eschrichtius robustus) whales.
    (2) Odontocete whales--harbor porpoise (Phocoena phocoena), 
spectacled porpoise (Phocoena dioptrica), beluga (Dephinapterus leucas), 
Stenella spp., Risso's dolphin (Grampus griseus), rough-toothed dolphin 
(Steno bredanensis), Fraser's dolphin (Lagenodelphis hosei), northern 
right-whale dolphin (Lissodelphis borealis), southern right whale 
dolphin (Lissodelphis peronii), short-beaked common dolphin (Delphius 
delphis), long-beaked common dolphin (Delphinus capensis), very long-
beaked

[[Page 92]]

common dolphin (Delphinus tropicalis), Lagenorhynchus spp., 
Cephalorhynchus spp., bottlenose dolphin (Tursiops truncatus), Dall's 
porpoise (Phocoenoides dalli), melon-headed whale (Peponocephala spp.), 
beaked whales (Berardius spp., Hyperoodon spp., Mesoplodon spp., 
Cuvier's beaked whale (Ziphius cavirostris), Shepard's beaked whale 
(Tasmacetus shepherdi), Longman's beaked whale (Indopacetus pacificus), 
killer whale (Orcinus orca), false killer whale (Pseudorca crassidens), 
pygmy killer whale (Feresa attenuata), sperm whale (Physeter 
macrocephalus), dwarf and pygmy sperm whales (Kogia simus and K. 
breviceps), and short-finned and long-finned pilot whales (Globicephala 
macrorhynchus and G. melas).
    (3) Pinnipeds--hooded seal (Cystophora cristata), harbor seal (Phoca 
vitulina), spotted seal (P. largha), ribbon seal (P. fasciata), gray 
seal (Halichoerus grypus), elephant seal (Mirounga angustirostris and M. 
leonina), Hawaiian monk seal (Monachus schauinslandi), Mediterranean 
monk seal (Monachus monachus), northern fur seal (Callorhinus ursinus), 
southern fur seal (Arctocephalus spp.), harp seal (Phoca groenlandica), 
Galapagos sea lion (Zalophus californianus wollebaeki), Japanese sea 
lion (Zalophus californianus japonicus), Steller sea lion (Eumetopias 
jubatus), California sea lion (Zalophus californianus), Australian sea 
lion (Neophoca cinerea), New Zealand sea lion (Phocarctos hookeri), and 
South American sea lion (Otaria flavescens).



Sec. 216.181  Effective dates.

    Regulations in this subpart are effective from August 16, 2007 
through August 15, 2012.



Sec. 216.182  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 216.188, the Holder of the Letter of Authorization may 
incidentally, but not intentionally, take marine mammals by Level A and 
Level B harassment within the areas described in Sec. 216.180(a), 
provided the activity is in compliance with all terms, conditions, and 
requirements of these regulations and the appropriate Letter of 
Authorization.
    (b) The activities identified in Sec. 216.180 must be conducted in 
a manner that minimizes, to the greatest extent practicable, any adverse 
impacts on marine mammals and their habitat.



Sec. 216.183  Prohibitions.

    No person in connection with the activities described in Sec. 
216.180 shall:
    (a) Take any marine mammal not specified in Sec. 216.180(b);
    (b) Take any marine mammal specified in Sec. 216.180(b) other than 
by incidental, unintentional Level A and Level B harassment;
    (c) Take a marine mammal specified in Sec. 216.180(b) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of the regulations in this subpart or any Letter of 
Authorization issued under Sec. Sec. 216.106 and 216.188.



Sec. 216.184  Mitigation.

    The activity identified in Sec. 216.180(a) must be conducted in a 
manner that minimizes, to the greatest extent practicable, adverse 
impacts on marine mammals and their habitats. When conducting operations 
identified in Sec. 216.180, the mitigation measures described in this 
section and in any Letter of Authorization issued under Sec. Sec. 
216.106 and 216.188 must be implemented.
    (a) Through monitoring described under Sec. 216.185, the Holder of 
a Letter of Authorization must act to ensure, to the greatest extent 
practicable, that no marine mammal is subjected to a sound pressure 
level of 180 dB or greater.
    (b) If a marine mammal is detected within or about to enter the 
mitigation zone (the area subjected to sound pressure levels of 180 dB 
or greater plus the 1 km (0.54 nm) buffer zone extending beyond the 180-
dB zone), SURTASS LFA sonar transmissions will be immediately delayed or 
suspended. Transmissions will not resume earlier than 15 minutes after:
    (1) All marine mammals have left the area of the mitigation and 
buffer zones; and

[[Page 93]]

    (2) There is no further detection of any marine mammal within the 
mitigation and buffer zones as determined by the visual and/or passive 
or active acoustic monitoring described in Sec. 216.185.
    (c) The high-frequency marine mammal monitoring sonar (HF/M3) 
described in Sec. 216.185 will be ramped-up slowly to operating levels 
over a period of no less than 5 minutes:
    (1) At least 30 minutes prior to any SURTASS LFA sonar 
transmissions;
    (2) Prior to any SURTASS LFA sonar calibrations or testings that are 
not part of regular SURTASS LFA sonar transmissions described in 
paragraph (c)(1) of this section; and
    (3) Anytime after the HF/M3 source has been powered down for more 
than 2 minutes.
    (d) The HF/M3 sound pressure level will not be increased once a 
marine mammal is detected; ramp-up may resume once marine mammals are no 
longer detected.
    (e) The Holder of a Letter of Authorization will not operate the 
SURTASS LFA sonar, such that:
    (1) the SURTASS LFA sonar sound field exceeds 180 dB (re 1 
microPa(rms)) at a distance less than 12 nautical miles (nm) (22 
kilometers (km)) from any coastline, including offshore islands;
    (2) the SURTASS LFA sonar sound field exceeds 180 db (re 1 
microPa(rms)) at a distance of 1 km (0.5 nm) seaward of the outer 
perimeter of any offshore biologically important area designated in 
216.184(f) during the biologically important period specified.
    (f) The following areas have been designated by NMFS as Offshore 
Biologically Important Areas (OBIAs) for marine mammals (by season if 
appropriate):

------------------------------------------------------------------------
                                                            Months of
         Name of area              Location of area         importance
------------------------------------------------------------------------
(1) 200-m isobath North        From 28[deg] N. to        Year-round.
 American East Coast.           50[deg] N., west of
                                40[deg] W.
(2) Antarctic Convergence      30[deg] E. to 80[deg] E.  October 1-March
 Zone.                          to 45[deg]; 80[deg] E.    31.
                                to 150[deg] E. to
                                55[deg]; S. 150[deg] E.
                                to 50[deg] W. to
                                60[deg] S.; 50[deg] W.
                                to 30[deg] E. to
                                50[deg] S.
(3) Costa Rica Dome..........  Centered at 9[deg] N.     Year-round.
                                and 88[deg] W.
(4) Hawaiian Islands Humpback  Centered at 21[deg] N.    November 1
 Whale National Marine          and 157[deg] 30' W.       through May 1.
 Sanctuary-Penguin Bank.
(5) Cordell Bank National      Boundaries in accordance  Year-round.
 Marine Sanctuary.              with 15 CFR 922.110.
(6) Gulf of the Farallones     Boundaries in accordance  Year-round.
 National Marine Sanctuary.     with 15 CFR 922.80.
(7) Monterey Bay National      Boundaries in accordance  Year-round.
 Marine Sanctuary.              with 15 CFR 922.30.
(8) Olympic Coast National     Boundaries within 23 nm   December
 Marine Sanctuary.              of the coast from         January, March
                                47[deg]07[min] N. to      and May.
                                48[deg]30[min] N.
                                latitude.
(9) Flower Garden Banks        Boundaries in accordance  Year-round.
 National Marine Sanctuary.     with 15 CFR 922.120.
(10) The Gully...............  44[deg]13[min] N.,        Year-round.
                                59[deg]06[min] W. to
                                43[deg]47[min] N.;
                                58[deg]35[min] W. to
                                43[deg]35[min] N.;
                                58[deg]35[min] W. to
                                43[deg]35[min] N.;
                                59[deg]08[min] W. to
                                44[deg]06[min] N.;
                                59[deg]20[min] W.
------------------------------------------------------------------------



Sec. 216.185  Requirements for monitoring.

    (a) In order to mitigate the taking of marine mammals by SURTASS LFA 
sonar to the greatest extent practicable, the Holder of a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.188 must:
    (1) Conduct visual monitoring from the ship's bridge during all 
daylight hours (30 minutes before sunrise until 30 minutes after 
sunset);
    (2) Use low frequency passive SURTASS sonar to listen for vocalizing 
marine mammals; and
    (3) Use the HF/M3 (high frequency) sonar developed to locate and 
track marine mammals in relation to the SURTASS LFA sonar vessel and the 
sound field produced by the SURTASS LFA sonar source array.
    (b) Monitoring under paragraph (a) of this section must:
    (1) Commence at least 30 minutes before the first SURTASS LFA sonar 
transmission;
    (2) Continue between transmission pings; and
    (3) Continue either for at least 15 minutes after completion of the

[[Page 94]]

SURTASS LFA sonar transmission exercise, or, if marine mammals are 
exhibiting unusual changes in behavioral patterns, for a period of time 
until behavior patterns return to normal or conditions prevent continued 
observations;
    (c) Holders of Letters of Authorization for activities described in 
Sec. 216.180 are required to cooperate with the National Marine 
Fisheries Service and any other federal agency for monitoring the 
impacts of the activity on marine mammals.
    (d) Holders of Letters of Authorization must designate qualified on-
site individuals to conduct the mitigation, monitoring and reporting 
activities specified in the Letter of Authorization.
    (e) Holders of Letters of Authorization must conduct all monitoring 
required under the Letter of Authorization.



Sec. 216.186  Requirements for reporting.

    (a) The Holder of the Letter of Authorization must submit quarterly 
mission reports to the Director, Office of Protected Resources, NMFS, no 
later than 30 days after the end of each quarter beginning on the date 
of effectiveness of a Letter of Authorization or as specified in the 
appropriate Letter of Authorization. Each quarterly mission report will 
include all active-mode missions completed during that quarter. At a 
minimum, each classified mission report must contain the following 
information:
    (1) Dates, times, and location of each vessel during each mission;
    (2) Information on sonar transmissions during each mission;
    (3) Results of the marine mammal monitoring program specified in the 
Letter of Authorization; and
    (4) Estimates of the percentages of marine mammal species and stocks 
affected (both for the quarter and cumulatively for the year) covered by 
the Letter of Authorization.
    (b) The Holder of a Letter of Authorization must submit an annual 
report to the Director, Office of Protected Resources, NMFS, no later 
than 45 days after the expiration of a Letter of Authorization. This 
report must contain all the information required by the Letter of 
Authorization.
    (c) A final comprehensive report must be submitted to the Director, 
Office of Protected Resources, NMFS at least 240 days prior to 
expiration of these regulations. In addition to containing all the 
information required by any final year Letter of Authorization, this 
report must contain an unclassified analysis of new passive sonar 
technologies and an assessment of whether such a system is feasible as 
an alternative to SURTASS LFA sonar.



Sec. 216.187  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the U.S. Navy authority conducting the activity identified 
in Sec. 216.180 must apply for and obtain a Letter of Authorization in 
accordance with Sec. 216.106.
    (b) The application for a Letter of Authorization must be submitted 
to the Director, Office of Protected Resources, NMFS, at least 60 days 
before the date that either the vessel is scheduled to begin conducting 
SURTASS LFA sonar operations or the previous Letter of Authorization is 
scheduled to expire.
    (c) All applications for a Letter of Authorization must include the 
following information:
    (1) The date(s), duration, and the area(s) where the vessel's 
activity will occur;
    (2) The species and/or stock(s) of marine mammals likely to be found 
within each area;
    (3) The type of incidental taking authorization requested (i.e., 
take by Level A and/or Level B harassment);
    (4) The estimated percentage of marine mammal species/stocks 
potentially affected in each area for the 12-month period of 
effectiveness of the Letter of Authorization; and
    (5) The means of accomplishing the necessary monitoring and 
reporting that will result in increased knowledge of the species and the 
level of taking or impacts on marine mammal populations.
    (d) The National Marine Fisheries Service will review an application 
for a Letter of Authorization in accordance

[[Page 95]]

with Sec. 216.104(b) and, if adequate and complete, issue a Letter of 
Authorization.



Sec. 216.188  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked will be 
valid for a period of time not to exceed one year, but may be renewed 
annually subject to annual renewal conditions in Sec. 216.189.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Authorized geographic areas for incidental takings;
    (3) Means of effecting the least practicable adverse impact on the 
species of marine mammals authorized for taking, their habitat, and the 
availability of the species for subsistence uses; and
    (4) Requirements for monitoring and reporting incidental takes.
    (c) Issuance of each Letter of Authorization will be based on a 
determination that the total number of marine mammals taken by the 
activity specified in Sec. 216.180 as a whole will have no more than a 
negligible impact on the species or stocks of affected marine mammal(s), 
and that the total taking will not have an unmitigable adverse impact on 
the availability of species or stocks of marine mammals for taking for 
subsistence uses.
    (d) Notice of issuance or denial of an application for a Letter of 
Authorization will be published in the Federal Register within 30 days 
of a determination.



Sec. 216.189  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued for the activity identified in 
Sec. 216.180 may be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 216.187 will be undertaken and that 
there will not be a substantial modification to the described activity, 
mitigation or monitoring undertaken during the upcoming season;
    (2) Notification to NMFS of the information identified in Sec. 
216.187(c), including the planned geographic area(s), and anticipated 
duration of each SURTASS LFA sonar operation;
    (3) Timely receipt of the monitoring reports required under Sec. 
216.185, which have been reviewed by NMFS and determined to be 
acceptable;
    (4) A determination by NMFS that the mitigation, monitoring and 
reporting measures required under Sec. Sec. 216.184 and 216.185 and the 
previous Letter of Authorization were undertaken and will be undertaken 
during the upcoming annual period of validity of a renewed Letter of 
Authorization; and
    (5) A determination by NMFS that the number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the species or stock of affected marine mammal(s), and that the total 
taking will not have an unmitigable adverse impact on the availability 
of species or stocks of marine mammals for taking for subsistence uses.
    (b) If a request for a renewal of a Letter of Authorization 
indicates that a substantial modification to the described work, 
mitigation or monitoring will occur, or if NMFS proposes a substantial 
modification to the Letter of Authorization, NMFS will provide a period 
of 30 days for public review and comment on the proposed modification. 
Amending the areas for upcoming SURTASS LFA sonar operations is not 
considered a substantial modification to the Letter of Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register within 30 days 
of a determination.



Sec. 216.190  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantial modification (including withdrawal or suspension) to a 
Letter of Authorization subject to the provisions of this subpart shall 
be made by NMFS until after notification and an opportunity for public 
comment has been provided. For purposes of this paragraph, a renewal of 
a Letter of Authorization, without modification, except for the period 
of validity and a listing of planned operating areas, or for moving the 
authorized SURTASS LFA sonar system from one ship to another, is not 
considered a substantial modification.

[[Page 96]]

    (b) If the National Marine Fisheries Service determines that an 
emergency exists that poses a significant risk to the well-being of the 
species or stocks of marine mammals specified in Sec. 216.180(b), a 
Letter of Authorization may be substantially modified without prior 
notice and opportunity for public comment. Notification will be 
published in the Federal Register within 30 days of the action.



Sec. 216.191  Designation of Offshore Biologically Important Marine 
Mammal Areas.

    (a) Offshore biologically important areas for marine mammals may be 
nominated under this paragraph by the National Marine Fisheries Service 
or by members of the public.
    (b) Proponents must petition NMFS by requesting an area be added to 
the list of offshore biologically important areas in Sec. 216.184(f) 
and submitting the following information:
    (1) Geographic region proposed for consideration (including 
geographic boundaries);
    (2) A list of marine mammal species or stocks within the proposed 
geographic region;
    (3) Whether the proposal is for year-round designation or seasonal, 
and if seasonal, months of years for proposed designation;
    (4) Detailed information on the biology of marine mammals within the 
area, including estimated population size, distribution, density, 
status, and the principal biological activity during the proposed period 
of designation sufficient for NMFS to make a preliminary determination 
that the area is biologically important for marine mammals; and
    (5) Detailed information on the area with regard to its importance 
for feeding, breeding, or migration for those species of marine mammals 
that have the potential to be affected by low frequency sounds;
    (c) Areas within 12 nm (22 km) of any coastline, including offshore 
islands, or within non-operating areas for SURTASS LFA sonar are not 
eligible for consideration.
    (d) If a petition does not contain sufficient information for the 
National Marine Fisheries Service to proceed, NMFS will determine 
whether the nominated area warrants further study. If so, NMFS will 
begin a scientific review of the area.
    (e)(1) If through a petition or independently, NMFS makes a 
preliminary determination that an offshore area is biologically 
important for marine mammals and is not located within a previously 
designated area, NMFS will publish a Federal Register notice proposing 
to add the area to Sec. 216.184(f) and solicit public comment.
    (2) The National Marine Fisheries Service will publish its final 
determination in the Federal Register.

Subpart R [Reserved]



  Subpart S	Taking of Marine Mammals Incidental to Explosive Severance 
Activities Conducted During Offshore Structure Removal Operations on the 
           Outer Continental Shelf in the U.S. Gulf of Mexico

    Source: 73 FR 34889, June 19, 2008, unless otherwise noted.

    Effective Date Note: At 73 FR 34889, June 19, 2008, subpart S, 
consisting of Sec. Sec. 216.211 through 216.219 were added, effective 
July 21, 2008 through July 19, 2013.



Sec. 216.211  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the incidental taking 
of those marine mammal species specified in paragraph (b) of this 
section by U.S. citizens engaged in explosive severance activities 
conducted during offshore oil and gas structure removal activities in 
areas within state and Federal waters in the U.S. Gulf of Mexico 
adjacent to the coasts of Texas, Mississippi, Louisiana, Alabama, and 
Florida. The incidental, but not intentional, taking of marine mammals 
by U.S. citizens holding a Letter of Authorization issued pursuant to 
Sec. 216.218 is permitted during the course of severing pilings, well 
conductors, and related supporting structures, and other activities 
related to the removal of the oil and gas structure.
    (b) The incidental take of marine mammals under the activity 
identified

[[Page 97]]

in paragraph (a) of this section is limited to a total of 5 bottlenose 
dolphin, one Atlantic spotted dolphin, and one pantropical spotted 
dolphin by Level A harassment over the period of validity of these 
regulations; and Level B harassment of the following species annually: 
227 bottlenose dolphins, 65 Atlantic spotted dolphins, 77 pantropical 
spotted dolphins, 27 Clymene dolphins, 12 rough-toothed dolphins, 14 
striped dolphins, 15 melon-headed whales, 10 pilot whales, 5 spinner 
dolphins, 3 Risso's dolphins, and 2 sperm whales.



Sec. 216.212  Effective dates.

    Regulations in this subpart are effective from July 21, 2008 until 
July 19, 2013.



Sec. 216.213  Permissible methods of taking.

    The Holder of a Letter of Authorization issued pursuant to Sec. 
216.218, may incidentally, but not intentionally, take marine mammals by 
harassment within the area described in Sec. 216.211(a), provided the 
activity is in compliance with all terms, conditions, and requirements 
of these regulations and the appropriate Letter of Authorization.



Sec. 216.214  Prohibitions.

    No person in connection with the activities described in Sec. 
216.211(a) shall:
    (a) Take any marine mammal not specified in Sec. 216.211(b);
    (b) Take any marine mammal specified in Sec. 216.211(b) in a manner 
or amount greater than described therein;
    (c) Take any marine mammal specified in Sec. 216.211(b) if NMFS 
determines that the taking of marine mammals incidental to the 
activities described in Sec. 216.211(a) is having more than a 
negligible impact on the species or stocks of marine mammals;
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
pursuant to Sec. Sec. 216.106 and 216.218;
    (e) Take any marine mammal in violation of these regulations by 
using a charge with a weight greater than 500 lbs (227 kg);
    (f) Take any marine mammal when conditions preclude conducting 
mitigation and monitoring requirements of these regulations or a Letter 
of Authorization.



Sec. 216.215  Definitions, terms, and criteria

    (a) Definitions. (1) Below-mud-line or BML means that the explosives 
are detonated below the water-mud interface, either inside or outside a 
pipe, other structure or cable.
    (2) Above-mud-line or AML means that the explosives are detonated in 
the water column above the water-mud interface, either inside or outside 
a pipe, other structure or cable.
    (3) Multiple charge detonation means any explosive configuration 
where more than one charge is required in a single detonation event.
    (4) Scenario means an alpha-numeric designation provided to describe 
charge size, activity location, and target design employed in order to 
determine the appropriate marine mammal mitigation/monitoring measures.
    (b) Terms (1) Impact zone (required for all scenarios) means the 
area around a decommissioning target measured by the horizontal radius, 
in which a marine mammal could be affected by the pressure or acoustic 
energy released during the detonation of an explosive-severance charge.
    (2) Predetonation survey (required for all scenarios) means any 
marine mammal monitoring survey (e.g., surface, aerial, or acoustic) 
conducted prior to the detonation of any explosive severance tool.
    (3) Postdetonation survey (required for all scenarios) means any 
marine mammal monitoring survey (e.g., surface, aerial, or post-post-
detonation aerial) conducted after the detonation event occurs.
    (4) Waiting period (required for all scenarios) means the amount of 
time detonation operations must hold before the requisite monitoring 
survey(s) can be repeated.
    (5) Company observer (for scenarios A1-A4 only) means trained 
company observers authorized to perform marine mammal detection surveys 
only for ``very-small'' blasting scenarios A1-A4.
    (6) NMFS observer (for scenarios B1-E4) means observers trained and 
approved by an instructor with experience as a NMFS Platform Removal 
Observer

[[Page 98]]

Program trainer. NMFS observers are required to perform marine mammal 
detection surveys for all detonation scenarios with the exception of 
scenarios A1-A4. Two NMFS observers will be assigned to each operation 
for detection survey duties, except mitigation-scenarios C2, C4, D2, D4, 
E2, and E4 require a minimum of three NMFS observers for the 
simultaneous surface, aerial, and acoustic surveys.
    (c) Criteria--(1) Blasting category parameters and associated 
severance scenarios. To determine the appropriate marine mammal 
mitigation and monitoring requirements in Sec. Sec. 216.218 and 
216.219, holders of Letters of Authorization for activities described in 
Sec. 216.211(a) of this subpart must determine, from Table 1 in Sec. 
216.217(b)(1), the appropriate explosive severance mitigation/monitoring 
scenario to follow for the blasting category, species-delineation zone, 
and charge configuration for their activity.
    (2) [Reserved]



Sec. 216.216  Mitigation.

    (a) The activity identified in Sec. 216.211(a) must be conducted in 
a manner that minimizes, to the greatest extent practicable, adverse 
impacts on marine mammals and their habitats. When conducting operations 
identified in Sec. 216.211(a), all mitigation measures contained in 
this subpart and in the Letter of Authorization issued pursuant to 
Sec. Sec. 216.106 and 216.218 must be implemented. When using 
explosives, the following mitigation measures must be carried out:
    (1)(i) If marine mammals are observed within (or about to enter) the 
marine mammal impact zone identified in Table 1 in Sec. 216.217(b)(1) 
column 5 for the relevant charge range and configuration (i.e., BML or 
AML) for the activity, detonation must be delayed until the marine 
mammal(s) are outside that zone;
    (ii) Pre-detonation surveys shall not begin prior to sunrise and 
detonations shall not occur if the post-detonation survey cannot be 
concluded prior to sunset;
    (iii) Whenever weather or sea conditions preclude adequate aerial, 
shipboard or subsurface marine mammal monitoring as determined by the 
trained observer, detonations must be delayed until conditions improve 
sufficiently for marine mammal monitoring to be undertaken or resumed;
    (iv) Whenever the weather or sea conditions prevent implementation 
of the aerial survey monitoring required under Sec. 216.217(c)(2), the 
aerial survey must be repeated prior to detonation of charges; and
    (v) Multiple charge detonations must be staggered at an interval of 
0.9 sec (900 msec) between blasts.
    (2) [Reserved]
    (b) If a marine mammal is found seriously injured, or dead, the 
explosive severance activity will immediately cease and the holder of 
the Letter of Authorization, designee or the designated lead observer 
will contact the Minerals Management Service and the Regional 
Administrator, National Marine Fisheries Service' Southeast Regional 
Office, or designee at the earliest opportunity. Procedures and 
monitoring methods will be reviewed and, if necessary, appropriate 
changes made to the mitigation and monitoring measures prior to 
conducting the next detonation to avoid future injury or mortality 
takings.
    (c) Any mitigation measures proposed to be contained in a Letter of 
Authorization that are not specified in this subpart, or not considered 
an emergency requirement under Sec. 216.219(d), will first be subject 
to notice and comment through publication in the Federal Register, as 
provided in Sec. 216.219(c).



Sec. 216.217  Requirements for monitoring and reporting.

    (a) Holders of Letters of Authorization issued for activities 
described in Sec. 216.211(a) are required to cooperate with the 
National Marine Fisheries Service, and any other Federal, state or local 
agency with regulatory authority over the offshore oil-and-gas 
activities for the purpose of monitoring the impacts of the activity on 
marine mammals.
    (b)(1) Table 1 summarizes the required mitigation and monitoring 
survey modes, duration and zones for all blasting scenarios of marine 
mammal impact zones for implementation of

[[Page 99]]

surface and aerial monitoring requirements depending upon charge weight 
and severance scenario.
    (2) Holders of Letters of Authorization must fully comply with the 
relevant mitigation and monitoring program for the explosive-severance 
activity described in subparagraph (c) of this paragraph that 
corresponds to the holder of the Letter of Authorization's blast 
scenario shown in Table 1.

[[Page 100]]



                  Table 1. Blast Categories, Mitigation Scenarios, Survey and Time Requirements For All Explosive Severance Scenarios.1
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                         Post
                                Configuration     Species                  Impact    Pre Det    Pre Det   Pre Det  Post Det  Post Det  Post Det  Waiting
      Blasting Category          (Charge wt/    Delineation   Mitgation     Zone     Surface    Aerial   Acoustic   Surface   Aerial    Aerial    Period
                                 placement)        Zone       Scenario     Radius     Survey    Survey    Survey    Survey    Survey    Survey    (min)
                                                                                      (min)      (min)     (min)     (min)     (min)   (Yes/No)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               BML             Shelf (<200   A1          261 m      60         N/A       N/A       30        N/A       No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
Very-                          (0-10 lb)       Slope (200
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Small                          AML             Shelf (<200   A3          293 m      60         N/A       N/A       30        N/A       No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
                               (0-5 lb)        Slope (200
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               BML             Shelf (<200   B1          373 m      90         30        N/A       N/A       30        No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
Small                          (10- Shelf (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               AML             Shelf (<200   B3          522 m      90         30        N/A       N/A       30        No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
                               (5-  Slope (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               BML             Shelf (<200   C1          631 m      90         30        N/A       N/A       30        No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
Standard                       (20- Slope (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               AML             Shelf (<200   C3          829 m      90         45        N/A       N/A       30        No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
                               (20- Slope (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               BML             Shelf (<200   D1          941 m      120        45        N/A       N/A       30        No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
Large                          (80- Slope (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               AML             Shelf (<200   D3          1,126 m    120        60        N/A       N/A       30        No        30
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
                               (80- Slope (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               BML             Shelf (<200   E1          1,500 m    150        90        N/A       N/A       45        No        45
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
Specialty                      (20  Slope (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                               AML             Shelf (<200   E3          1,528 m    150        90        N/A       N/A       45        No        45
                                                m)
------------------------------------------------------------------------           ---------------------------------------------------------------------
                               (20  Slope (200                ft)
                                                m)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Severance of subsea structures that do not penetrate the sea surface will follow the mitigation scenario for above mudline (AML) detonations even if
  charges are placed below mudline.


[[Page 101]]

    (c) Holders of Letters of Authorization must ensure that the 
following monitoring programs are conducted as appropriate for the 
required monitoring scenario.
    (1) Surface monitoring survey. A surface monitoring survey must be 
conducted for the length of time that corresponds to the relevant 
explosive severance scenario. Surface monitoring surveys are to be 
conducted from the highest vantage point and/or other location(s) that 
provide the best, clear view of the entire impact zone. These vantage 
points may be on the structure being removed or proximal surface vessels 
(i.e., crewboats, derrick barges, etc.). Surface surveys are restricted 
to daylight hours only, and the monitoring will cease if the designated 
lead observer determines that weather or marine conditions are not 
adequate for visual observations.
    (2) Aerial monitoring survey. Aerial surveys are required for all 
explosive severance scenarios except monitoring scenarios A1-A4. Aerial 
monitoring surveys are to be conducted from helicopters running standard 
low-altitude search patterns over the extent of the impact zone that 
corresponds to the appropriate explosive severance scenario. Aerial 
surveys will be restricted to daylight hours only (defined as ``legal 
sunrise'' to ``legal sunset''), and cannot begin until the requisite 
surface monitoring survey has been completed. Aerial surveys will cease 
if the designated lead observer determines that weather or marine 
conditions are not adequate for visual observations, or when the pilot/
removal supervisor determines that helicopter operations must be 
suspended.
    (3) Acoustic monitoring survey.
    (i) Acoustic monitoring surveys are required to be conducted on all 
Standard, Large, and Specialty blasting scenarios conducted at slope 
(200 m (656 ft)) locations (i.e., scenarios C2, C4, D2, D4, 
E2, and E4).
    (ii) Persons conducting acoustic surveys will be required to comply 
with NMFS-approved passive acoustic monitoring protocols and use 
approved devices and technicians.
    (iii) Acoustic surveys will be run concurrent with requisite pre-
detonation surveys, beginning with the surface observations and 
concluding at the finish of the aerial surveys when the detonation(s) is 
allowed to proceed.
    (4) Post-detonation surface monitoring survey. A 30-minute post-
detonation surface survey must be conducted by the trained company 
observer for scenarios A1 - A4 immediately upon conclusion of the 
detonation.
    (5) Post-detonation aerial monitoring survey. For scenarios B1-D4, a 
30-minute aerial survey must be conducted immediately upon conclusion of 
the detonation. For scenarios E1-E4, a 45-minute aerial survey must be 
conducted immediately upon conclusion of the detonation.
    (6) Post-post-detonation aerial monitoring survey. Post-post-
detonation aerial monitoring surveys must be conducted for scenarios C4, 
D2, D4, E2 and E4 within 2-7 days after detonation activities conclude, 
by either helicopter or fixed-wing aircraft. Observations are to start 
at the removal site and proceed leeward and outward of wind and current 
movement. Any distressed, shocked, injured or dead marine mammals will 
be noted in the survey report, and if possible, tracked and collected 
after notifying the National Marine Fisheries Service within the time 
requirements stated in Sec. 216.217(f).
    (7) If unforeseen conditions or events occur during an explosive 
severance operation that may necessitate additional monitoring not 
specified in this paragraph, the designated NMFS lead observer will 
contact the appropriate National Marine Fisheries Service and Minerals 
Management Service personnel as detailed in the Letter of Authorization 
for additional guidance.
    (d) Holders of Letters of Authorization must conduct all monitoring 
and research required under the Letter of Authorization. Any monitoring 
or research measures proposed to be contained in a Letter of 
Authorization that are not specified in this subpart or not considered 
an emergency requirement under Sec. 216.218(d), will first be subject 
to public notice and comment through publication in the Federal 
Register, as provided by Sec. 216.219(c).
    (e) Reporting (1) A report summarizing the results of structure 
removal

[[Page 102]]

activities, mitigation measures, monitoring efforts, and other 
information as required by a Letter of Authorization, must be submitted 
to the Director, Office of Protected Resources, within 30 days of 
completion of the removal activity.
    (2) The National Marine Fisheries Service will accept the NMFS 
observer report as the activity report required by subparagraph (1) of 
this paragraph if all requirements for reporting contained in the Letter 
of Authorization are provided to the NMFS observer before the NMFS 
observer's report is submitted to the PROP Manager.
    (3) If a marine mammal is found shocked, injured, or dead, the 
Holder of the Letter of Authorization, or designee, must report the 
incident to the National Marine Fisheries Service Southeast Regional 
Office, at the earliest opportunity.



Sec. 216.218  Letters of Authorization.

    (a) To incidentally take marine mammal species listed in Sec. 
216.211(b) pursuant to these regulations, each company or contractor 
responsible for the removal of the structure or an industry-related 
seafloor obstruction in the area specified in Sec. 216.211(a) must 
apply for and obtain either a Letter of Authorization in accordance with 
Sec. 216.106 or a renewal under Sec. 216.219(a).
    (b) An application for a Letter of Authorization must be submitted 
to the National Marine Fisheries Service at least 30 days before the 
explosive removal activity is scheduled to begin.
    (c) Issuance of a Letter of Authorization and renewal of a Letter of 
Authorization under Sec. 216.219(a) will be based on a determination by 
the National Marine Fisheries Service that the number of each species or 
stock of cetaceans taken annually by the activity will be small and that 
the total taking over the 5-year period will have a negligible impact on 
the species or stock of affected marine mammal(s).
    (d) A Letter of Authorization may be renewed annually, subject to 
conditions in Sec. 216.219(a).
    (e) A Letter of Authorization for activities in this subpart will 
not be valid after the effective period of this subpart.
    (f) A copy of the Letter of Authorization must be in the possession 
of the persons conducting the activity specified in Sec. 216.211(a) 
that may involve incidental takings of marine mammals.
    (g) Notice of issuance or denial of a Letter of Authorization will 
be published in the Federal Register within 30 days of a determination.



Sec. 216.219  Renewal and modifications of Letters of Authorization.

    (a) A Letter of Authorization issued for the activity identified in 
Sec. 216.211(a) will be renewed annually upon:
    (1) Receipt of an application for renewal of a Letter of 
Authorization under Sec. 216.218.
    (2) Timely receipt of the report(s) required under Sec. 216.217(f), 
which have been reviewed by the Assistant Administrator and determined 
to be acceptable; and
    (3) A determination that the required mitigation, monitoring and 
reporting measures have been undertaken.
    (b) Notice of issuance of a renewal of the Letter of Authorization 
will be published in the Federal Register within 30 days of issuance.
    (c) In addition to complying with the provisions of Sec. 216.106, 
except as provided in paragraph (d) of this section, no substantive 
modification, including a request for a variance in the mitigation or 
monitoring requirements in this subpart or a withdrawal or suspension of 
the Letter of Authorization issued pursuant to Sec. 216.106 and subject 
to the provisions of this subpart, shall be made until after notice and 
an opportunity for public comment. For purposes of this paragraph, 
renewal of a Letter of Authorization under Sec. 216.219, without 
modification other than an effective date change, is not considered a 
substantive modification.
    (d) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.211(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.118, or 
renewed pursuant to this paragraph may be modified without prior notice 
and opportunity for public comment. A notice will be published in the 
Federal Register subsequent to the action.

[[Page 103]]

Subparts U-T [Reserved]



  Subpart V_Taking and Importing Marine Mammals; U.S. Navy's Atlantic 
                   Fleet Active Sonar Training (AFAST)

    Source: 74 FR 4876, Jan. 27, 2009, unless otherwise noted.

    Effective Date Note: At 74 FR 4876, Jan. 27, 2009, subpart V was 
added, effective Jan. 22, 2009 through Jan. 22, 2014.



Sec. 216.240  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occurs incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the AFAST Study Area, which extends east from the 
Atlantic Coast of the U.S. to 45[deg] W. long. and south from the 
Atlantic and Gulf of Mexico Coasts to approximately 23[deg] N. lat., 
excluding the Bahamas (see Figure 1-1 in the Navy's Application).
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the use of the following mid-frequency active 
sonar (MFAS) sources, high frequency active sonar (HFAS) sources, 
explosive sonobuoys, or similar sources, for Navy training, maintenance, 
or research, development, testing, and evaluation (RDT&E) (estimated 
amounts below):
    (1) AN/SQS-53 (hull-mounted sonar)--up to 16070 hours over the 
course of 5 years (an average of 3214 hours per year).
    (2) AN/SQS-56 (hull-mounted sonar)--up to 8420 hours over the course 
of 5 years (an average of 1684 hours per year).
    (3) AN/SQS-56 or 53 (hull mounted sonar in object detection mode)--
up to 1080 hours over the course of 5 years (an average of 216 hours per 
year).
    (4) AN/BQQ-10 or 5 (submarine sonar)--up to 49880 pings over the 
course of 5 years (an average of 9976 pings per year) (an average of 1 
ping per two hours during training events, 60 pings per hour for 
maintenance).
    (5) AN/AQS-22 or 13 (helicopter dipping sonar)--up to 14760 dips 
over the course of 5 years (an average of 2952 dips per year--10 pings 
per five-minute dip).
    (6) SSQ-62 (Directional Command Activated Sonobuoy System (DICASS) 
sonobuoys)--up to 29265 sonobuoys over the course of 5 years (an average 
of 5853 sonobuoys per year).
    (7) MK-48 (heavyweight torpedoes)--up to 160 torpedoes over the 
course of 5 years (an average of 32 torpedoes per year).
    (8) MK-46 or 54 (lightweight torpedoes)--up to 120 torpedoes over 
the course of 5 years (an average of 24 torpedoes per year).
    (9) AN/SSQ-110A (IEER explosive sonobuoy) and AN/SSQ-125 (AEER sonar 
sonobuoy)--up to 4360 sonobuoys, between these 2 sources, over the 
course of 5 years (an average of 872 buoys per year).
    (10) AN/SQQ-32 (over the side mine-hunting sonar)--up to 22370 hours 
over the course of 5 years (an average of 4474 hours per year).
    (11) AN/SLQ-25 (NIXIE--towed countermeasure)--up to 1660 hours over 
the course of 5 years (an average of 332 hours per year).
    (12) AN/BQS-15 (submarine navigation)--up to 2250 hours over the 
course of 5 years (an average of 450 hours per year).
    (13) MK-1 or 2 or 3 or 4 (Submarine-fired Acoustic Device 
Countermeasure (ADC))--up to 1125 ADCs over the course of 5 years (an 
average of 225 ADCs per year).
    (14) Noise Acoustic Emitters (NAE--Sub-fired countermeasure)--up to 
635 NAEs over the course of 5 years (an average of 127 NAEs per year).
    (d) The taking of marine mammals may be authorized in an LOA for the 
activities and sources listed in Sec. 216.240(c) should the amounts 
(e.g., hours, dips, or number of exercises) vary from those estimated in 
Sec. 216.240(c), provided that the variation does not result in 
exceeding the amount of take indicated in Sec. 216.242(c).

[74 FR 4876, Jan. 27, 2009, as amended at 76 FR 6701, Feb. 8, 2011]

[[Page 104]]



Sec. 216.241  Effective dates and definitions.

    (a) Amended regulations are effective February 4, 2011, through 
January 22, 2014.
    (b) The following definitions are utilized in these regulations:
    (1) Uncommon Stranding Event (USE)--A stranding event that takes 
place during a major training exercise (MTE) and involves any one of the 
following:
    (i) Two or more individuals of any cetacean species (not including 
mother/calf pairs), unless of species of concern listed in Sec. 
216.241(b)(1)(ii) found dead or live on shore within a 2-day period and 
occurring within 30 miles of one another.
    (ii) A single individual or mother/calf pair of any of the following 
marine mammals of concern: beaked whale of any species, dwarf or pygmy 
sperm whales, melon-headed whales, pilot whales, right whales, humpback 
whales, sperm whales, blue whales, fin whales, or sei whales.
    (iii) A group of 2 or more cetaceans of any species exhibiting 
indicators of distress as defined in Sec. 216.241(b)(3).
    (2) Shutdown--The cessation of MFAS/HFAS operation or detonation of 
explosives within 14 nm nm (Atlantic Ocean) or 17 nm (Gulf of Mexico) of 
any live, in the water, animal involved in a USE.

[74 FR 4876, Jan. 27, 2009, as amended at 76 FR 6701, Feb. 8, 2011]



Sec. 216.242  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 216.247, the Holder of the Letter of Authorization may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec. 216.240(b), provided the activity is in compliance 
with all terms, conditions, and requirements of these regulations and 
the appropriate Letter of Authorization.
    (b) The activities identified in Sec. 216.240(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 216.240(c) is limited to the following species, by 
the identified method of take and the indicated number of times:
    (1) Level B Harassment (10 percent of the 
number of takes indicated below):
    (i) Mysticetes:
    (A) North Atlantic right whale (Eubalaena glacialis)--3330 (an 
average of 666 annually).
    (B) Humpback whale (Megaptera novaeangliae)--21010 (an average of 
4202 annually).
    (C) Minke whale (Balaenoptera acutorostrata)--2075 (an average of 
415 annually).
    (D) Sei whale (Balaenoptera borealis)--5285 (an average of 1057 
annually).
    (E) Fin whale (Balaenoptera physalus)--4410 (an average of 882 
annually).
    (F) Bryde's whale (Balaenoptera edeni)--180 (an average of 36 
annually).
    (G) Blue whale (Balaenoptera musculus)--4005 (an average of 801 
annually).
    (ii) Odontocetes:
    (A) Sperm whales (Physeter macrocephalus)--48790 (an average of 9758 
annually).
    (B) Pygmy or dwarf sperm whales (Kogia breviceps or Kogia sima)--
21920 (an average of 4384 annually).
    (C) Beaked Whales (Cuvier's, True's, Gervais', Sowerby's, 
Blainville's, Northern bottlenose whale) (Ziphius cavirostris, 
Mesoplodon mirus, M. europaeus, M. bidens, M. densirostris, Hyperoodon 
ampullatus)--24535 (an average of 4907 annually).
    (D) Rough-toothed dolphin (Steno bredanensis)--13540 (an average of 
2708 annually).
    (E) Bottlenose dolphin (Tursiops truncatus)--3034010 (an average of 
606802 annually).
    (F) Pan-tropical dolphin (Stenella attenuata)--696530 (an average of 
139306 annually).
    (G) Atlantic spotted dolphin (Stenella frontalis)--1881805 (an 
average of 376361 annually).
    (H) Spinner dolphin (Stenella longirostris)--105775 (an average of 
21155 annually).
    (I) Clymene dolphin (Stenella clymene)--232190 (an average of 46438 
annually).

[[Page 105]]

    (J) Striped dolphin (Stenella coeruleoalba)--873620 (an average of 
174274 annually).
    (K) Common dolphin (Delphinus spp.)--482300 (an average of 96460 
annually).
    (L) Fraser's dolphin (Lagenodelphis hosei)--1730 (an average of 346 
annually).
    (M) Risso's dolphin (Grampus griseus)--470375 (an average of 94075 
annually).
    (N) Atlantic white-sided dolphin (Lagenorhynchus acutus)--103255 (an 
average of 20651 annually).
    (O) White-beaked dophin (Lagenorhynchus albirostris)--17250 (an 
average of 3450 annually).
    (P) Melon-headed whale (Peponocephala electra)--8270 (an average of 
1654 annually).
    (Q) Pygmy killer whale (Feresa attenuata)--1400 (an average of 280 
annually).
    (R) False killer whale (Pseudorca crassidens)--2690 (an average of 
538 annually).
    (S) Killer whale (Orcinus orca)--2515 (an average of 503 annually).
    (T) Pilot whales (Short-finned pilot or long-finned) (Globicephala 
macrorynchus or G. melas)--636965 (an average of 127393 annually).
    (U) Harbor porpoise (Phocoena phocoena)--767405 (an average of 
153481 annually).
    (iii) Pinnipeds:
    (A) Gray seal (Halichoerus grypus)--39295 (an average of 7859 
annually).
    (B) Harbor seal (Phoca vitulina)--63295 (an average of 12659 
annually).
    (C) Hooded seal (Cystophora cristata)--78590 (an average of 15718 
annually).
    (D) Harp seal (Pagophilus groenlandica)--55010 (an average of 11002 
annually).
    (2) Level A Harassment and/or mortality of no more than 10 beaked 
whales (total), of any of the species listed in Sec. 
216.242(c)(1)(ii)(C) over the course of the 5-year regulations.



Sec. 216.243  Prohibitions.

    Notwithstanding takings contemplated in Sec. 218.92 and authorized 
by a Letter of Authorization issued under Sec. Sec. 216.106 and 
216.247, no person in connection with the activities described in Sec. 
216.240 may:
    (a) Take any marine mammal not specified in Sec. 216.242(c);
    (b) Take any marine mammal specified in Sec. 216.242(c) other than 
by incidental take as specified in Sec. 216.242(c)(1) and (2);
    (c) Take a marine mammal specified in Sec. 216.242(c) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.247.



Sec. 216.244  Mitigation.

    (a) When conducting training activities identified in Sec. 
216.240(c), the mitigation measures contained in the Letter of 
Authorization issued under Sec. Sec. 216.106 and 216.247 must be 
implemented. These mitigation measures include, but are not limited to:
    (1) Mitigation Measures for ASW and MIW training:
    (i) All lookouts onboard platforms involved in ASW training events 
shall review the NMFS-approved Marine Species Awareness Training (MSAT) 
material prior to use of mid-frequency active sonar.
    (ii) All Commanding Officers, Executive Officers, and officers 
standing watch on the Bridge shall review the MSAT material prior to a 
training event employing the use of mid- or high-frequency active sonar.
    (iii) Navy lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (NAVEDTRA, 12968-D).
    (iv) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, Lookouts shall 
complete the Personal Qualification Standard program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects).
    (v) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within

[[Page 106]]

the command structure in order to facilitate implementation of 
mitigation measures if marine mammals are spotted.
    (vi) On the bridge of surface ships, there shall always be at least 
three people on watch whose duties include observing the water surface 
around the vessel.
    (vii) All surface ships participating in ASW exercises shall, in 
addition to the three personnel on watch noted previously, have at all 
times during the exercise at least two additional personnel on watch as 
lookouts.
    (viii) Personnel on lookout and officers on watch on the bridge 
shall have at least one set of binoculars available for each person to 
aid in the detection of marine mammals.
    (ix) On surface vessels equipped with MFAS, pedestal mounted ``Big 
Eye'' (20 x 110) binoculars shall be present and in good working order.
    (x) Personnel on lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D). Surface lookouts should scan the water from 
the ship to the horizon and be responsible for all contacts in their 
sector. In searching the assigned sector, the lookout should always 
start at the forward part of the sector and search aft (toward the 
back). To search and scan, the lookout should hold the binoculars steady 
so the horizon is in the top third of the field of vision and direct the 
eyes just below the horizon. The lookout should scan for approximately 
five seconds in as many small steps as possible across the field seen 
through the binoculars. They should search the entire sector in 
approximately five-degree steps, pausing between steps for approximately 
five seconds to scan the field of view. At the end of the sector search, 
the glasses should be lowered to allow the eyes to rest for a few 
seconds, and then the lookout should search back across the sector with 
the naked eye.
    (xi) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook. At 
night, lookouts should not sweep the horizon with their eyes because 
this method is not effective when the vessel is moving. Lookouts should 
scan the horizon in a series of movements that should allow their eyes 
to come to periodic rests as they scan the sector. When visually 
searching at night, they should look a little to one side and out of the 
corners of their eyes, paying attention to the things on the outer edges 
of their field of vision.
    (xii) Personnel on lookout shall be responsible for informing the 
Officer of the Deck all objects or anomalies sighted in the water 
(regardless of the distance from the vessel) to the Officer of the Deck, 
since any object or disturbance (e.g., trash, periscope, surface 
disturbance, discoloration) in the water may be indicative of a threat 
to the vessel and its crew or indicative of a marine species that may 
need to be avoided as warranted.
    (xiii) Commanding Officers shall make use of marine mammal detection 
cues and information to limit interaction with marine mammals to the 
maximum extent possible consistent with safety of the ship.
    (xiv) All personnel engaged in passive acoustic sonar operation 
(including aircraft, surface ships, or submarines) shall monitor for 
marine mammal vocalizations and report the detection of any marine 
mammal to the appropriate watch station for dissemination and 
appropriate action.
    (xv) Units shall use training lookouts to survey for marine mammals 
prior to commencement and during the use of active sonar.
    (xvi) During operations involving sonar, personnel shall utilize all 
available sensor and optical systems (such as Night Vision Goggles) to 
aid in the detection of marine mammals.
    (xvii) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine mammals as long as it does not violate safety constraints or 
interfere with the accomplishment of primary operational duties.
    (xviii) Aircraft with deployed sonobuoys shall use only the passive 
capability of sonobuoys when marine mammals are detected within 200 
yards (182 m) of the sonobuoy.

[[Page 107]]

    (xix) Marine mammal detections shall be reported immediately to 
assigned Aircraft Control Unit (if participating) for further 
dissemination to ships in the vicinity of the marine mammals. This 
action shall occur when it is reasonable to conclude that the course of 
the ship will likely close the distance between the ship and the 
detected marine mammal.
    (xx) Safety Zones--When marine mammals are detected by any means 
(aircraft, shipboard lookout, or acoustically) the Navy shall ensure 
that sonar transmission levels are limited to at least 6 dB below normal 
operating levels if any detected marine mammals are within 1000 yards 
(914 m) of the sonar dome (the bow).
    (A) Ships and submarines shall continue to limit maximum 
transmission levels by this 6-dB factor until the marine mammal has been 
seen to leave the area, has not been detected for 30 minutes, or the 
vessel has transited more than 2,000 yards (1828 m) beyond the location 
of the last detection.
    (B) Should a marine mammal be detected within or closing to inside 
457 m (500 yd) of the sonar dome, active sonar transmissions shall be 
limited to at least 10 dB below the equipment's normal operating level. 
Ships and submarines shall continue to limit maximum ping levels by this 
10-dB factor until the marine mammal has been seen to leave the area, 
has not been detected for 30 minutes, or the vessel has transited more 
than 2000 yards (1828 m) beyond the location of the last detection.
    (C) Should the marine mammal be detected within or closing to inside 
183 m (200 yd) of the sonar dome, active sonar transmissions shall 
cease. Sonar shall not resume until the marine mammal has been seen to 
leave the area, has not been detected for 30 minutes, or the vessel has 
transited more than 2,000 yards (1828 m) beyond the location of the last 
detection.
    (D) If the need for power-down should arise as detailed in ``Safety 
Zones'' in paragraph (a)(1)(xx) of this section, Navy shall follow the 
requirements as though they were operating at 235 dB--the normal 
operating level (i.e., the first power-down shall be to 229 dB, 
regardless of at what level above 235 sonar was being operated).
    (xxi) Prior to startup or restart of active sonar, operators shall 
check that the Safety Zone radius around the sound source is clear of 
marine mammals.
    (xxii) Sonar levels (generally)--The Navy shall operate sonar at the 
lowest practicable level, not to exceed 235 dB, except as required to 
meet tactical training objectives.
    (xxiii) Helicopters shall observe/survey the vicinity of an ASW 
Operation for 10 minutes before the first deployment of active (dipping) 
sonar in the water.
    (xxiv) Helicopters shall not dip their sonar within 200 yards (183 
m) of a marine mammal and shall cease pinging if a marine mammal closes 
within 200 yards of the helicopter dipping sonar (183 m) after pinging 
has begun.
    (xxv) Submarine sonar operators shall review detection indicators of 
close-aboard marine mammals prior to the commencement of ASW training 
activities involving active sonar.
    (xxvi) Night vision devices shall be available to all ships and air 
crews, for use as appropriate.
    (xxvii) Dolphin bowriding--If, after conducting an initial maneuver 
to avoid close quarters with dolphins, the ship concludes that dolphins 
are deliberately closing in on the ship to ride the vessel's bow wave, 
no further mitigation actions would be necessary because dolphins are 
out of the main transmission axis of the active sonar while in the 
shallow-wave area of the vessel bow.
    (xxviii) TORPEXs conducted in the northeast North Atlantic right 
whale critical habitat (as designated in 50 CFR Part 226) shall 
implement the following measures.
    (A) All torpedo-firing operations shall take place during daylight 
hours.
    (B) During the conduct of each test, visual surveys of the test area 
shall be conducted by all vessels and aircraft involved in the exercise 
to detect the presence of marine mammals. Additionally, trained 
observers shall be placed on the submarine, spotter aircraft, and the 
surface support vessel. All participants shall report sightings of any 
marine mammals, including

[[Page 108]]

negative reports, prior to torpedo firings. Reporting requirements shall 
be outlined in the test plans and procedures written for each individual 
exercise, and shall be emphasized as part of pre-exercise briefings 
conducted with all participants.
    (C) Observers shall receive NMFS-approved training in field 
identification, distribution, and relevant behaviors of marine mammals 
of the western north Atlantic. Observers shall fill out Standard 
Sighting Forms and the data shall be housed at the Naval Undersea 
Warfare Center Division Newport (NUWCDIVNPT). Any sightings of North 
Atlantic right whales shall be immediately communicated to the Sighting 
Advisory System (SAS). All platforms shall have onboard a copy of:
    (1) The Guide to Marine Mammals and Turtles of the U.S. Atlantic and 
Gulf of Mexico (Wynne and Schwartz 1999);
    (2) The NMFS Critical Sightings Program placard;
    (3) Right Whales, Guidelines to Mariners placard.
    (D) In addition to the visual surveillance discussed above, 
dedicated aerial surveys shall be conducted utilizing a fixed-wing 
aircraft. An aircraft with an overhead wing (i.e., Cessna Skymaster or 
similar) shall be used to facilitate a clear view of the test area. Two 
trained observers, in addition to the pilot, shall be embarked on the 
aircraft. Surveys shall be conducted at an approximate altitude of 1000 
ft (305 m) flying parallel track lines at a separation of 1 nmi (1.85 
km), or as necessary to facilitate good visual coverage of the sea 
surface. While conducting surveillance, the aircraft shall maintain an 
approximate speed of 100 knots (185 km/hr). Since factors that affect 
visibility are highly dependent on the specific time of day of the 
survey, the flight operator will have the flexibility to adjust the 
flight pattern to reduce glare and improve visibility. The entire test 
site shall be surveyed initially, but once preparations are being made 
for an actual test launch, survey effort shall be concentrated over the 
vicinity of the individual test location. Further, for approximately ten 
minutes immediately prior to launch, the aircraft shall racetrack back 
and forth between the launch vessel and the target vessel.
    (E) Commencement of an individual torpedo test scenario shall not 
occur until observers from all vessels and aircraft involved in the 
exercise have reported to the Officer in Tactical Command (OTC) and the 
OTC has declared that the range is clear of marine mammals. Should 
marine mammals be present within or seen moving toward the test area, 
the test shall be either delayed or moved as required to avoid 
interference with the animals.
    (F) The TORPEX shall be suspended if the Beaufort Sea State exceeds 
3 or if visibility precludes safe operations.
    (G) Vessel speeds:
    (1) During transit through the northeastern North Atlantic right 
whale critical habitat, surface vessels and submarines shall maintain a 
speed of no more than 10 knots (19 km/hr) while not actively engaged in 
the exercise procedures.
    (2) During TORPEX operations, a firing vessel should, where 
feasible, not exceed 10 knots. When a submarine is used as a target, 
vessel speeds should, where feasible, not exceed 18 knots. However, on 
occasion, when surface vessels are used as targets, the vessel may 
exceed 18 kts in order to fully test the functionality of the torpedoes. 
This increased speed would occur for a short period of time (e.g., 10-15 
minutes) to evade the torpedo when fired upon.
    (H) In the event of an animal strike, or if an animal is discovered 
that appears to be in distress, the Navy shall immediately report the 
discovery through the appropriate Navy chain of Command.
    (xxix) The Navy shall abide by the following additional measures:
    (A) The Navy shall avoid planning major exercises in the specified 
planning awareness areas (PAAs--as depicted in NMFS' ``Environmental 
Assessment of Mitigation Alternatives for Issuance of Incidental Take 
Regulations to U.S. Navy for Atlantic Fleet Active Sonar Training 
(AFAST)'') where feasible. Should national security require the conduct 
of more than four major exercises (C2X, JTFEX, SEASWITI, or similar 
scale event) in these areas (meaning all or a portion of the exercise) 
per year the Navy shall

[[Page 109]]

provide NMFS with prior notification and include the information in any 
associated after-action or monitoring reports.
    (B) The Navy shall conduct no more than one of the four above-
mentioned major exercises (COMPTUEX, JTFEX, SEASWITI or similar scale 
event) per year in the Gulf of Mexico to the extent operationally 
feasible. If national security needs require more than one major 
exercise to be conducted in the Gulf of Mexico PAAs, the Navy shall 
provide NMFS with prior notification and include the information in any 
associated after-action or monitoring reports.
    (C) The Navy shall include the PAAs in the Navy's Protective 
Measures Assessment Protocol (PMAP) (implemented by the Navy for use in 
the protection of the marine environment) for unit level situational 
awareness (i.e., exercises other than COMPTUEX, JTFEX, SEASWITI) and 
planning purposes.
    (D) Helicopter Dipping Sonar--Unless otherwise dictated by national 
security needs, the Navy shall minimize helicopter dipping sonar 
activities within the southeastern areas of North Atlantic right whale 
critical habitat (as designated in 50 CFR part 226) from November 15-
April 15.
    (E) Object Detection Exercises--The Navy shall implement the 
following measures regarding object detection activities in the 
southeastern areas of the North Atlantic right whale critical habitat:
    (1) The Navy shall reduce the time spent conducting object detection 
exercises in the NARW critical habitat;
    (2) Prior to conducting surface ship object detection exercises in 
the southeastern areas of the North Atlantic right whale critical 
habitat during the time of November 15-April 15, ships shall contact 
FACSFACJAX to obtain the latest North Atlantic right whale sighting 
information. FACSFACJAX shall advise ships of all reported whale 
sightings in the vicinity of the critical habitat and associated areas 
of concern (which extend 9 km (5 NM) seaward of the designated critical 
habitat boundaries). To the extent operationally feasible, ships shall 
avoid conducting training in the vicinity of recently sighted North 
Atlantic right whales. Ships shall maneuver to maintain at least 500 
yards separation from any observed whale, consistent with the safety of 
the ship.
    (xxx) The Navy shall abide by the letter of the ``Stranding Response 
Plan for Major Navy Training Exercises in the AFAST Study Area'' 
(available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm), to 
include the following measures:
    (A) Shutdown Procedures--When an Uncommon Stranding Event (USE--
defined in Sec. 216.241) occurs during a Major Training Exercise (MTE, 
including SEASWITI, IAC, Group Sails, JTFEX, or COMPTUEX) in the AFAST 
Study Area, the Navy shall implement the procedures described below.
    (1) The Navy shall implement a Shutdown (as defined Sec. 216.241) 
when advised by a NMFS Office of Protected Resources Headquarters Senior 
Official designated in the AFAST Stranding Communication Protocol that a 
USE involving live animals has been identified and that at least one 
live animal is located in the water. NMFS and Navy shall communicate, as 
needed, regarding the identification of the USE and the potential need 
to implement shutdown procedures.
    (2) Any shutdown in a given area shall remain in effect in that area 
until NMFS advises the Navy that the subject(s) of the USE at that area 
die or are euthanized, or that all live animals involved in the USE at 
that area have left the area (either of their own volition or herded).
    (3) If the Navy finds an injured or dead animal of any species other 
than North Atlantic right whale floating at sea during an MTE, the Navy 
shall notify NMFS immediately or as soon as operational security 
considerations allow. The Navy shall provide NMFS with species or 
description of the animal(s), the condition of the animal(s) including 
carcass condition (if the animal(s) is/are dead), location, time of 
first discovery, observed behaviors (if alive), and photo or video (if 
available). Based on the information provided, NMFS shall determine if, 
and advise the Navy whether a modified shutdown is appropriate on a 
case-by-case basis.

[[Page 110]]

    (4) If the Navy finds an injured (or entangled) North Atlantic right 
whale floating at sea during an MTE, the Navy shall implement shutdown 
procedures (14 or 17 nm, as defined below) around the animal immediately 
(without waiting for notification from NMFS). The Navy shall then notify 
NMFS (pursuant to the AFAST Communication Protocol) immediately or as 
soon as operational security considerations allow. The Navy shall 
provide NMFS with species or description of the animal(s), the condition 
of the animal(s) including carcass condition (if the animal(s) is/are 
dead), location, time of first discovery, observed behaviors (if alive), 
and photo or video (if available). Subsequent to the discovery of the 
injured whale, any Navy platforms in the area shall report any North 
Atlantic right whale sightings to NMFS (or to a contact that can alert 
NMFS as soon as possible). Based on the information provided, NMFS may 
initiate/organize an aerial survey (by requesting the Navy's assistance 
pursuant to the memorandum of agreement (MOA) (see (a)(1)(xxx)(C) of 
this section) or by other available means) to see if other North 
Atlantic right whales are in the vicinity. Based on the information 
provided by the Navy and, if necessary, the outcome of the aerial 
surveys, NMFS shall determine whether a continued shutdown is 
appropriate on a case-by-case basis. Though it will be determined on a 
case-by-case basis after Navy/NMFS discussion of the situation, NMFS 
anticipates that the shutdown will continue within 14 or 17 nm of a 
live, injured/entangled North Atlantic right whale until the animal dies 
or has not been seen for at least 3 hours (either by NMFS staff 
attending the injured animal or Navy personnel monitoring the area 
around where the animal was last sighted).
    (5) If the Navy finds a dead North Atlantic right whale floating at 
sea during an MTE, the Navy shall notify NMFS (pursuant to AFAST 
Stranding Communication Protocol) immediately or as soon as operational 
security considerations allow. The Navy shall provide NMFS with species 
or description of the animal(s), the condition of the animal(s) 
(including carcass condition if the animal(s) is/are dead), location, 
time of first discovery, observed behaviors (if alive), and photo or 
video (if available). Subsequent to the discovery of the dead whale, if 
the Navy is operating sonar in the area they shall use increased 
vigilance (in looking for North Atlantic right whales) and all platforms 
in the area shall report sightings of North Atlantic right whales to 
NMFS as soon as possible. Based on the information provided, NMFS may 
initiate/organize an aerial survey (by requesting the Navy's assistance 
pursuant to the MOA (see (a)(1)(xxx)(C) of this section) or by other 
available means) to see if other North Atlantic right whales are in the 
vicinity. Based on the information provided by the Navy and, if 
necessary, the outcome of the aerial surveys, NMFS will determine 
whether any additional mitigation measures are necessary on a case-by-
case basis.
    (6) In the event, following a USE, that: (a) Qualified individuals 
are attempting to herd animals back out to the open ocean and animals 
are not willing to leave, or (b) animals are seen repeatedly heading for 
the open ocean but turning back to shore, NMFS and the Navy should 
coordinate (including an investigation of other potential anthropogenic 
stressors in the area) to determine if the proximity of MFAS/HFAS 
training activities or explosive detonations, though farther than 14 or 
17 nm from the distressed animal(s), is likely decreasing the likelihood 
that the animals return to the open water. If so, NMFS and the Navy 
shall further coordinate to determine what measures are necessary to 
further minimize that likelihood and implement those measures as 
appropriate.
    (B) Within 72 hours of NMFS notifying the Navy of the presence of a 
USE, the Navy shall provide available information to NMFS (per the AFAST 
Communication Protocol) regarding the location, number and types of 
acoustic/explosive sources, direction and speed of units using MFAS/
HFAS, and marine mammal sightings information associated with training 
activities occurring within 80 nm (148 km) and 72 hours prior to the USE 
event. Information not initially available regarding the 80 nm (148 km), 
72 hours,

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period prior to the event shall be provided as soon as it becomes 
available. The Navy shall provide NMFS investigative teams with 
additional relevant unclassified information as requested, if available.
    (C) Memorandum of Agreement (MOA)--The Navy and NMFS shall develop a 
MOA, or other mechanism consistent with Federal fiscal law requirements 
(and all other applicable laws), that will establish a framework whereby 
the Navy can (and provide the Navy examples of how they can best) assist 
NMFS with stranding investigations in certain circumstances. This 
document shall be finalized in 2009 (unless NMFS notifies the Navy that 
a delay is needed).
    (2) Mitigation for IEER/AEER--The following are mitigation measures 
for use with Extended Echo Ranging/Improved Extended Echo Ranging (EER/
IEER) and Advanced Extended Echo Ranging given an explosive source 
generates the acoustic wave used in this sonobuoy.
    (i) Navy crews shall conduct visual reconnaissance of the drop area 
prior to laying their intended sonobuoy pattern. This search should be 
conducted below 500 yards (457 m) at a slow speed, if operationally 
feasible and weather conditions permit. In dual aircraft training 
activities, crews are allowed to conduct coordinated area clearances.
    (ii) For IEER (AN/SSQ-110A), Navy crews shall conduct a minimum of 
30 minutes of visual and acoustic monitoring of the search area prior to 
commanding the first post (source/receiver sonobuoy pair) detonation. 
This 30-minute observation period may include pattern deployment time.
    (iii) For any part of the briefed pattern where a post (source/
receiver sonobuoy pair) will be deployed within 1,000 yards (914 m) of 
observed marine mammal activity, deploy the receiver ONLY and monitor 
while conducting a visual search. When marine mammals are no longer 
detected within 1,000 yards (914 m) of the intended post position, co-
locate the explosive source sonobuoy (AN/SSQ-110A) (source) with the 
receiver.
    (iv) When operationally feasible, Navy crews shall conduct 
continuous visual and aural monitoring of marine mammal activity. This 
is to include monitoring of own-aircraft sensors from first sensor 
placement to checking off station and out of communication range of 
these sensors.
    (v) Aural Detection: If the presence of marine mammals is detected 
aurally, then that should cue the aircrew to increase the diligence of 
their visual surveillance. Subsequently, if no marine mammals are 
visually detected, then the Navy crew may continue multi-static active 
search.
    (vi) Visual Detection:
    (A) If marine mammals are visually detected within 1,000 yards (914 
m) of the explosive source sonobuoy (AN/SSQ-110A) intended for use, then 
that payload shall not be detonated.
    (B) Navy Aircrews may utilize this post once the marine mammals have 
not been re-sighted for 30 minutes, or are observed to have moved 
outside the 1,000 yards (914 m) safety buffer.
    (C) Navy Aircrews may shift their multi-static active search to 
another post, where marine mammals are outside the 1,000 yards (914 m) 
safety buffer.
    (vii) For IEER (AN/SSQ-110A), Navy Aircrews shall make every attempt 
to manually detonate the unexploded charges at each post in the pattern 
prior to departing the operations area by using the ``Payload 1 
Release'' command followed by the ``Payload 2 Release'' command. 
Aircrews shall refrain from using the ``Scuttle'' command when two 
payloads remain at a given post. Aircrews shall ensure that a 1,000 yard 
(914 m) safety buffer, visually clear of marine mammals, is maintained 
around each post as is done during active search operations.
    (viii) Navy Aircrews shall only leave posts with unexploded charges 
in the event of a sonobuoy malfunction, an aircraft system malfunction, 
or when an aircraft must immediately depart the area due to issues such 
as fuel constraints, inclement weather, and in-flight emergencies. In 
these cases, the sonobuoy will self-scuttle using the secondary or 
tertiary method.
    (ix) The Navy shall ensure all payloads are accounted for. Explosive 
source sonobuoys (AN/SSQ-110A) that cannot be scuttled shall be reported 
as

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unexploded ordnance via voice communications while airborne, then upon 
landing via naval message.
    (x) Marine mammal monitoring shall continue until out of own-
aircraft sensor range.
    (3) Mitigation Measures Related to Vessel Transit and North Atlantic 
Right Whales:
    (i) Mid-Atlantic, Offshore of the Eastern United States:
    (A) All Navy vessels are required to use extreme caution and operate 
at a slow, safe speed consistent with mission and safety during the 
months indicated below and within a 37 km (20 nm) arc (except as noted) 
of the specified associated reference points:
    (1) South and East of Block Island (37 km (20 NM) seaward of line 
between 41-4.49[deg] N. lat. 071-51.15[deg] W. long. and 41-18.58[deg] 
N. lat. 070-50.23[deg] W. long): Sept-Oct and Mar-Apr.
    (2) New York/New Jersey (40-30.64[deg] N. lat. 073-57.76[deg] W. 
long.): Sep-Oct and Feb-Apr.
    (3) Delaware Bay (Philadelphia) (38-52.13[deg] N. lat. 075-1.93[deg] 
W. long.): Oct-Dec and Feb-Mar.
    (4) Chesapeake Bay (Hampton Roads and Baltimore) (37-1.11[deg] N. 
lat. 075-57.56[deg] W. long.): Nov-Dec and Feb-Apr.
    (5) North Carolina (34-41.54[deg] N. lat. 076-40.20[deg] W. long.): 
Dec-Apr.
    (6) South Carolina (33-11.84[deg] N. lat. 079-8.99[deg] W. long. and 
32-43.39[deg] N. lat. 079-48.72[deg] W. long.): Oct-Apr.
    (B) During the months indicated in paragraph (a)(3)(i)(A) of this 
section, Navy vessels shall practice increased vigilance with respect to 
avoidance of vessel-whale interactions along the mid-Atlantic coast, 
including transits to and from any mid-Atlantic ports not specifically 
identified in paragraph (a)(3)(i)(A) of this section.
    (C) All surface units transiting within 56 km (30 NM) of the coast 
in the mid-Atlantic shall ensure at least two watchstanders are posted, 
including at least one lookout who has completed required MSAT training.
    (D) Navy vessels shall not knowingly approach any whale head on and 
shall maneuver to keep at least 457 m (1,500 ft) away from any observed 
whale, consistent with vessel safety.
    (ii) Southeast Atlantic, Offshore of the Eastern United States--for 
the purposes of the measures below (within this paragraph), the 
``southeast'' encompasses sea space from Charleston, South Carolina, 
southward to Sebastian Inlet, Florida, and from the coast seaward to 148 
km (80 NM) from shore. North Atlantic right whale critical habitat is 
the area from 31-15[deg] N. lat. to 30-15[deg] N. lat. extending from 
the coast out to 28 km (15 NM), and the area from 28-00[deg] N. lat. to 
30-15[deg] N. lat. from the coast out to 9 km (5 NM). All mitigation 
measures described here that apply to the critical habitat apply from 
November 15-April 15 and also apply to an associated area of concern 
which extends 9 km (5 NM) seaward of the designated critical habitat 
boundaries.
    (A) Prior to transiting or training in the critical habitat or 
associated area of concern, ships shall contact Fleet Area Control and 
Surveillance Facility, Jacksonville, to obtain latest whale sighting and 
other information needed to make informed decisions regarding safe speed 
and path of intended movement. Subs shall contact Commander, Submarine 
Group Ten for similar information.
    (B) The following specific mitigation measures apply to activities 
occurring within the critical habitat and an associated area of concern 
which extends 9 km (5 NM) seaward of the designated critical habitat 
boundaries:
    (1) When transiting within the critical habitat or associated area 
of concern, vessels shall exercise extreme caution and proceed at a slow 
safe speed. The speed shall be the slowest safe speed that is consistent 
with mission, training and operations.
    (2) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less then 12 hours old. Circumstances could arise 
where, in order to avoid North Atlantic right whale(s), speed reductions 
could mean vessel must reduce speed to a minimum at which it can safely 
keep on course or vessels could come to an all stop.
    (3) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed

[[Page 113]]

safe to do so. These requirements do not apply if a vessel's safety is 
threatened, such as when a change of course would create an imminent and 
serious threat to a person, vessel, or aircraft, and to the extent 
vessels are restricted in the ability to maneuver.
    (4) Ships shall not transit through the critical habitat or 
associated area of concern in a North-South direction.
    (5) Ships, surfaced subs, and aircraft shall report any whale 
sightings to Fleet Area Control and Surveillance Facility, Jacksonville, 
by the quickest and most practicable means. The sighting report shall 
include the time, latitude/longitude, direction of movement and number 
and description of whale (i.e., adult/calf).
    (iii) Northeast Atlantic, Offshore of the Eastern United States:
    (A) Prior to transiting the Great South Channel or Cape Cod Bay 
critical habitat areas, ships shall obtain the latest North Atlantic 
right whale sightings and other information needed to make informed 
decisions regarding safe speed. The Great South Channel critical habitat 
is defined by the following coordinates: 41-00[deg] N. lat., 69-05[deg] 
W. long.; 41-45[deg] N. lat, 69-45[deg] W. long; 42-10[deg] N. lat., 68-
31[deg] W. long.; 41-38[deg] N. lat., 68-13[deg] W. long. The Cape Cod 
Bay critical habitat is defined by the following coordinates: 42-
04.8[deg] N. lat., 70-10[deg] W. long.; 42-12[deg] N. lat., 70-15[deg] 
W. long.; 42-12[deg] N. lat., 70-30[deg] W. long.; 41-46.8[deg] N. lat., 
70-30[deg] W. long.
    (B) Ships, surfaced subs, and aircraft shall report any North 
Atlantic right whale sightings (if the whale is identifiable as a right 
whale) off the northeastern U.S. to Patrol and Reconnaissance Wing 
(COMPATRECONWING). The report shall include the time of sighting, lat/
long, direction of movement (if apparent) and number and description of 
the whale(s).
    (C) Vessels or aircraft that observe whale carcasses shall record 
the location and time of the sighting and report this information as 
soon as possible to the cognizant regional environmental coordinator. 
All whale strikes must be reported. This report shall include the date, 
time, and location of the strike; vessel course and speed; operations 
being conducted by the vessel; weather conditions, visibility, and sea 
state; description of the whale; narrative of incident; and indication 
of whether photos/videos were taken. Navy personnel are encouraged to 
take photos whenever possible.
    (D) Specific mitigation measures related to activities occurring 
within the critical habitat include the following:
    (1) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed safe to do so. These 
requirements do not apply if a vessel's safety is threatened, such as 
when change of course would create an imminent and serious threat to 
person, vessel, or aircraft, and to the extent vessels are restricted in 
the ability to maneuver.
    (2) When transiting within the critical habitat or associated area 
of concern, vessels shall use extreme caution and operate at a safe 
speed so as to be able to avoid collisions with North Atlantic right 
whales and other marine mammals, and stop within a distance appropriate 
to the circumstances and conditions.
    (3) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less than one week old.
    (4) Ships transiting in the Cape Cod Bay and Great South Channel 
critical habitats shall obtain information on recent whale sightings in 
the vicinity of the critical habitat. Any vessel operating in the 
vicinity of a North Atlantic right whale shall consider additional speed 
reductions as per Rule 6 of International Navigational Rules.



Sec. 216.245  Requirements for monitoring and reporting.

    (a) As outlined in the AFAST Stranding Communication Plan, the Navy 
must notify NMFS immediately (or as soon as clearance procedures allow) 
if the specified activity identified in Sec. 216.240(c) is thought to 
have resulted in the mortality or injury of any marine mammals, or in 
any take of marine mammals not identified in Sec. 216.242(c).
    (b) The Navy must conduct all monitoring and required reporting 
under the Letter of Authorization, including

[[Page 114]]

abiding by the AFAST Monitoring Plan, which is incorporated herein by 
reference.
    (c) The Navy shall complete an Integrated Comprehensive Monitoring 
Program (ICMP) Plan in 2009. This planning and adaptive management tool 
shall include:
    (1) A method for prioritizing monitoring projects that clearly 
describes the characteristics of a proposal that factor into its 
priority.
    (2) A method for annually reviewing, with NMFS, monitoring results, 
Navy R&D, and current science to use for potential modification of 
mitigation or monitoring methods.
    (3) A detailed description of the Monitoring Workshop to be convened 
in 2011 and how and when Navy/NMFS will subsequently utilize the 
findings of the Monitoring Workshop to potentially modify subsequent 
monitoring and mitigation.
    (4) An adaptive management plan.
    (5) A method for standardizing data collection for AFAST and across 
Range Complexes
    (d) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy training exercise utilizing MFAS, HFAS, or 
underwater explosive detonations. The Navy shall provide NMFS with 
species or description of the animal(s), the condition of the animal(s) 
(including carcass condition if the animal is dead), location, time of 
first discovery, observed behaviors (if alive), and photo or video (if 
available). The Navy shall consult the Stranding Response Plan to obtain 
more specific reporting requirements for specific circumstances.
    (e) Annual AFAST Monitoring Plan Report--The Navy shall submit a 
report annually on October 1 describing the implementation and results 
(through August 1 of the same year) of the AFAST Monitoring Plan. Data 
collection methods will be standardized across range complexes to allow 
for comparison in different geographic locations. Although additional 
information will also be gathered, the marine mammal observers (MMOs) 
collecting marine mammal data pursuant to the AFAST Monitoring Plan 
shall, at a minimum, provide the same marine mammal observation data 
required in the data required in Sec. 216.245(f)(1). The AFAST 
Monitoring Plan Report may be provided to NMFS within a larger report 
that includes the required Monitoring Plan Reports from AFAST and 
multiple Range Complexes.
    (f) Annual AFAST Exercise Report--The Navy shall submit an Annual 
AFAST Exercise Report on October 1 of every year (covering data gathered 
through August 1 of the same year). This report shall contain 
information identified in subsections Sec. 216.245(f)(1) through 
(f)(5).
    (1) MFAS/HFAS Major Training Exercises--This section shall contain 
the following information for the major training exercises for reporting 
(MTERs), which include the Southeastern ASW Integrated Training 
Initiative (SEASWITI), Integrated ASW Course (IAC), Composite Training 
Unit Exercises (COMPTUEX), and Joint Task Force Exercises (JTFEX) 
conducted in the AFAST Study Area:
    (i) Exercise Information (for each MTER):
    (A) Exercise designator;
    (B) Date that exercise began and ended;
    (C) Location;
    (D) Number and types of active sources used in the exercise;
    (E) Number and types of passive acoustic sources used in exercise;
    (F) Number and types of vessels, aircraft, etc., participating in 
exercise;
    (G) Total hours of observation by watchstanders;
    (H) Total hours of all active sonar source operation;
    (I) Total hours of each active sonar source (along with explanation 
of how hours are calculated for sources typically quantified in 
alternate way (buoys, torpedoes, etc.));
    (J) Wave height (high, low, and average during exercise).
    (ii) Individual marine mammal sighting info (for each sighting in 
each MTER):
    (A) Location of sighting;
    (B) Species (if not possible--indication of whale/dolphin/pinniped);

[[Page 115]]

    (C) Number of individuals;
    (D) Calves observed (y/n);
    (E) Initial Detection Sensor;
    (F) Indication of specific type of platform observation made from 
(including, for example, what type of surface vessel, i.e., FFG, DDG, or 
CG);
    (G) Length of time observers maintained visual contact with marine 
mammal;
    (H) Wave height (in feet);
    (I) Visibility;
    (J) Sonar source in use (y/n);
    (K) Indication of whether animal is < 200 yd, 200-500 yd, 500-1000 
yd, 1000-2000 yd, or  2000 yd from sonar source in paragraph 
(f)(1)(ii)(J) of this section;
    (L) Mitigation Implementation--Whether operation of sonar sensor was 
delayed, or sonar was powered or shut down, and how long the delay was;
    (M) If source in use (i.e., in paragraph (f)(1)(ii)(J) of this 
section) is hullmounted, true bearing of animal from ship, true 
direction of ship's travel, and estimation of animal's motion relative 
to ship (opening, closing, parallel);
    (N) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animals (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming, etc.).
    (iii) An evaluation (based on data gathered during all of the MTERs) 
of the effectiveness of mitigation measures designed to avoid exposing 
marine mammals to MFAS. This evaluation shall identify the specific 
observations that support any conclusions the Navy reaches about the 
effectiveness of the mitigation.
    (2) ASW Summary--This section shall include the following 
information as summarized from both MTERs and non-major training 
exercises:
    (i) Total annual hours of each type of sonar source (along with 
explanation of how hours are calculated for sources typically quantified 
in alternate way (buoys, torpedoes, etc.)).
    (ii) Cumulative Impact Report--To the extent practicable, the Navy, 
in coordination with NMFS, shall develop and implement a method of 
annually reporting non-major (i.e., other than MTERs) training exercises 
utilizing hull-mounted sonar. The report shall present an annual (and 
seasonal, where practicable) depiction of non-major training exercises 
geographically across the AFAST Study Area. To the extent practicable, 
this report will also include the total number of sonar hours (from 
helicopter dipping sonar and object detection exercises) conducted 
within the southern NARW critical habitat plus 5 nm buffer area. The 
Navy shall include (in the AFAST annual report) a brief annual progress 
update on the status of the development of an effective and unclassified 
method to report this information until an agreed-upon (with NMFS) 
method has been developed and implemented.
    (3) IEER/AEER Summary--This section shall include an annual summary 
of the following IEER and AEER information:
    (i) Total number of IEER and AEER events conducted in the AFAST 
Study Area;
    (ii) Total expended/detonated rounds (buoys);
    (iii) Total number of self-scuttled IEER rounds.
    (g) Sonar Exercise Notification--The Navy shall submit to the NMFS 
Office of Protected Resources (specific contact information to be 
provided in LOA) either an electronic (preferably) or verbal report 
within fifteen calendar days after the completion of any MTER 
indicating:
    (1) Location of the exercise;
    (2) Beginning and end dates of the exercise;
    (3) Type of exercise (e.g., COMPTUEX or SEASWITI).
    (h) AFAST 5-yr Comprehensive Report--The Navy shall submit to NMFS a 
draft report that analyzes and summarizes all of the multi-year marine 
mammal information gathered during ASW, MIW and IEER/AEER exercises for 
which annual reports are required (Annual AFAST Exercise Reports and 
AFAST Monitoring Plan Reports). This report will be submitted at the end 
of the fourth year of the rule (November 2012), covering activities that 
have occurred through June 1, 2012.

[[Page 116]]

    (i) Comprehensive National ASW Report--By June, 2014, the Navy shall 
submit a draft National Report that analyzes, compares, and summarizes 
the active sonar data gathered (through January 1, 2014) from the 
watchstanders and pursuant to the implementation of the Monitoring Plans 
for AFAST, SOCAL, the HRC, the Marianas Range Complex, the Northwest 
Training Range, the Gulf of Alaska, and the East Coast Undersea Warfare 
Training Range.
    (j) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the AFAST Comprehensive 
Report, the Comprehensive National ASW report, the Annual AFAST Exercise 
Report, or the Annual AFAST Monitoring Plan Report (or the multi-Range 
Complex Annual Monitoring Plan Report, if that is how the Navy chooses 
to submit the information) if submitted within 3 months of receipt. 
These reports will be considered final after the Navy has addressed 
NMFS' comments or provided the requested information, or three months 
after the submittal of the draft if NMFS does not comment by then.
    (k) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.



Sec. 216.246  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to the regulations in 
this subpart, the U.S. citizen (as defined by Sec. 216.103) conducting 
the activity identified in Sec. 216.240(c) (the U.S. Navy) must apply 
for and obtain either an initial Letter of Authorization in accordance 
with Sec. 216.247 or a renewal under Sec. 216.248.



Sec. 216.247  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 216.248.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 216.248  Renewal of Letters of Authorization and Adaptive Management.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
216.247 for the activity identified in Sec. 216.240(c) will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 216.246 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt (by the dates indicated in these regulations) of 
the monitoring reports required under Sec. 216.245(c) through (j); and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 216.244 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 216.247, were 
undertaken and will be undertaken during the upcoming annual period of 
validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.248 indicates that a substantial 
modification, as determined by NMFS, to the described work, mitigation 
or monitoring undertaken during the upcoming season will occur, the NMFS 
will provide the public a period of 30 days for review and comment on 
the request. Review and comment

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on renewals of Letters of Authorization are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from AFAST or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (section 216.245(l)).
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the ICMP (Sec. 216.245(d))).
    (4) Results from specific stranding investigations (either from the 
AFAST Study Area or other locations, and involving coincident MFAS/HFAS 
or explosives training or not involving coincident use).
    (5) Results from the Long Term Prospective Study described in the 
preamble to these regulations.
    (6) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).



Sec. 216.249  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 216.247 and subject to the provisions of this subpart shall be made 
until after notification and an opportunity for public comment has been 
provided. For purposes of this paragraph, a renewal of a Letter of 
Authorization under Sec. 216.248, without modification (except for the 
period of validity), is not considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.242(c), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.247 may be 
substantively modified without prior notification and an opportunity for 
public comment. Notification will be published in the Federal Register 
within 30 days subsequent to the action.



   Subpart W_Taking Marine Mammals Incidental to Conducting Precision 
              Strike Weapon Missions in the Gulf of Mexico

    Source: 71 FR 67822, Nov. 24, 2006, unless otherwise noted.

    Effective Date Note: At 71 FR 67822, Nov. 24, 2006, subpart W, 
consisting of Sec. Sec. 216.250 through 216.259, was added, effective 
Dec. 26, 2006 through Dec. 27, 2011.



Sec. 216.250  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the incidental taking 
of those marine mammal species specified in paragraph (b) of this 
section by U.S. citizens engaged in U.S. Air Force Precision Strike 
Weapon missions within the Eglin Air Force Base Gulf Test and Training 
Range within the northern Gulf of Mexico. The authorized activities as 
specified in a Letter of Authorization issued under Sec. Sec. 216.106 
and 216.257 include, but are not limited to, activities associated with 
(1) the Joint Air-to-Surface Stand-off Missile (JASSM) exercise for a 
maximum of two live shots (single) and 4 inert shots (single) annually 
and (2) the small-diameter bomb (SDB) exercise for a maximum of six live 
shots a year, with two of the shots occurring simultaneously and a 
maximum of 12 inert shots, with up to two occurring simultaneously.

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    (b) The incidental take by Level A harassment, Level B harassment, 
or mortality of marine mammals under the activity identified in this 
section is limited to the following species: Atlantic bottlenose 
dolphins (Tursiops truncatus), Atlantic spotted dolphins (Stenella 
frontalis), dwarf sperm whales (Kogia simus) and pygmy sperm whale 
(Kogia breviceps).



Sec. 216.251  Effective dates.

    Regulations in this subpart are effective from December 26, 2006 
until December 27, 2011.



Sec. 216.252  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 216.257, the Holder of the Letter of Authorization may 
incidentally, but not intentionally, take marine mammals by Level A and 
Level B harassment, including lethal take within the area described in 
Sec. 216.250(a), provided the activity is in compliance with all terms, 
conditions, and requirements of these regulations and the appropriate 
Letter of Authorization.
    (b) The taking of marine mammals under a Letter of Authorization is 
limited to the species listed in Sec. 216.250(b) and is limited to a 
total of 1 mortality, 2 takes by Level A harassment, and 53 takes by 
Level B harassment annually.



Sec. 216.253  Prohibitions.

    Notwithstanding takings contemplated in Sec. 216.250 and authorized 
by a Letter of Authorization issued under Sec. Sec. 216.106 and 
216.257, no person in connection with the activities described in Sec. 
216.250 shall:
    (a) Take any marine mammal not specified in Sec. 216.250(b);
    (b) Take any marine mammal specified in Sec. 216.250(b) other than 
by incidental, unintentional Level A or Level B harassment or mortality;
    (c) Take a marine mammal specified in Sec. 216.250(b) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.257.



Sec. 216.254  Mitigation.

    The activity identified in Sec. 216.250(a) must be conducted in a 
manner that minimizes, to the greatest extent practicable, adverse 
impacts on marine mammal species and stocks and their habitats. When 
conducting operations identified in Sec. 216.250(a) under a Letter of 
Authorization, the following mitigation measures must be implemented:
    (a)(1) For the JASSM, the holder of the Letter of Authorization must 
establish and monitor a safety zone for marine mammals with a radius of 
2.0 nm (3.7 km) from the center of the detonation and a buffer zone with 
a radius of 1.0 nm (1.85 km) radius from the outer edge of the safety 
zone.
    (2) For the SDB, the holder of the Letter of Authorization must 
establish and monitor a safety for marine mammals with a radius of no 
less than 5 nm (9.3 km) for single bombs and 10 nm (18.5 km) for double 
bombs and a buffer zone from the outer edge of the safety zone with a 
radius of at least 2.5 nm (4.6 km) for single bombs and 5 nm (18.5 km) 
for double bombs.
    (b) Prior to a JASSM or SDB launch:
    (1) If any marine mammals are observed within the designated safety 
zone prescribed in condition (a)(1) above, or within the buffer zone 
prescribed in condition (a)(2) above and it/they are on a course that 
will put them within the safety zone prior to an JASSM or SDB launch, 
the launch must be delayed until all marine mammals are no longer within 
the designated safety zone.
    (2) If any marine mammals are detected in the buffer zone and 
subsequently cannot be reacquired, the mission launch will not continue 
until the next verified location is outside of the safety zone and the 
animal is moving away from the mission area.
    (3) If weather and/or sea conditions preclude adequate aerial 
surveillance for detecting marine mammals, detonation must be delayed 
until adequate sea conditions exist for aerial surveillance to be 
undertaken. Adequate sea conditions means the sea state does not exceed 
Beaufort sea state 3.5 (i.e.,

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whitecaps on 33 to 50 percent of surface; 0.6 m (2 ft) to 0.9 m (3 ft) 
waves), the visibility is 5.6 km (3 nm) or greater, and the ceiling is 
305 m (1,000 ft) or greater.
    (4) To ensure adequate daylight for pre- and post-detonation 
monitoring, mission launches may not take place earlier than 2 hours 
after sunrise, and detonations may not take place later than 2 hours 
prior to sunset, or whenever darkness or weather conditions will 
preclude completion of the post-test survey effort described in Sec. 
216.255.
    (5) If post-detonation surveys determine that a serious injury or 
lethal take of a marine mammal has occurred, the test procedure and the 
monitoring methods must be reviewed with the National Marine Fisheries 
Service and appropriate changes must be made prior to conducting the 
next mission detonation.
    (6) Mission launches must be delayed if aerial or vessel monitoring 
programs described under Sec. 216.255 cannot be carried out fully.



Sec. 216.255  Requirements for monitoring and reporting.

    (a) The Holder of the Letter of Authorization issued pursuant to 
Sec. Sec. 216.106 and 216.257 for activities described in Sec. 
216.250(a) is required to conduct the monitoring and reporting measures 
specified in this section and any additional monitoring measures 
contained in the Letter of Authorization.
    (b) The Holder of the Letter of Authorization is required to 
cooperate with the National Marine Fisheries Service, and any other 
Federal, state or local agency authorized to monitor the impacts of the 
activity on marine mammals. Unless specified otherwise in the Letter of 
Authorization, the Holder of the Letter of Authorization must notify the 
Director, Office of Protected Resources, National Marine Fisheries 
Service, or designee, by letter or telephone (301-713-2289), at least 2 
weeks prior to any modification to the activity identified in Sec. 
216.250(a) that has the potential to result in the mortality or Level A 
or Level B harassment of marine mammals that was not identified and 
addressed previously.
    (c) The Holder of this Authorization must:
    (1) Designate qualified on-site marine mammal observers to record 
the effects of mission launches on marine mammals that inhabit the 
northern Gulf of Mexico;
    (2) Have on-site marine mammal observers approved in advance by the 
National Marine Fisheries Service to conduct the mitigation, monitoring 
and reporting activities specified in these regulations and in the 
Letter of Authorization issued pursuant to Sec. 216.106 and Sec. 
216.257.
    (3) Conduct aerial surveys to reduce impacts on protected species. 
The aerial survey/monitoring team will consist of two experienced marine 
mammal observers, approved in advance by the Southeast Region, National 
Marine Fisheries Service. The aircraft will also have a data recorder 
who would be responsible for relaying the location, the species if 
possible, the direction of movement, and the number of animals sighted.
    (4) Conduct shipboard monitoring to reduce impacts to protected 
species. Trained marine mammal observers will conduct monitoring from 
the highest point possible on each mission or support vessel(s). The 
observer on the vessel must be equipped with optical equipment with 
sufficient magnification (e.g., 25X power ``Big-Eye'' binoculars. The 
marine mammal observation platform must be of sufficient height to 
provide observers a platform to see a major portion of the safety zone.
    (d) The aerial and shipboard monitoring teams will maintain proper 
lines of communication to avoid communication deficiencies. The 
observers from the aerial team and operations vessel will have direct 
communication with the lead scientist aboard the operations vessel.
    (e) Pre-mission Monitoring: Approximately 5 hours prior to the 
mission, or at daybreak, the appropriate vessel(s) would be on-site in 
the primary test site near the location of the earliest planned mission 
point. Observers onboard the vessel will assess the suitability of the 
test site, based on visual observation of marine mammals and

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overall environmental conditions (visibility, sea state, etc.). This 
information will be relayed to the lead scientist.
    (f) Three Hours Prior to Mission:
    (1) Approximately three hours prior to the mission launch, aerial 
monitoring will commence within the test site to evaluate the test site 
for environmental suitability. Evaluation of the entire test site would 
take approximately 1 to 1.5 hours. The aerial monitoring team will begin 
monitoring the safety zone and buffer zone around the target area.
    (2) Shipboard observers will monitor the safety and buffer zone, and 
the lead scientist will enter all marine mammal sightings, including the 
time of sighting and the direction of travel, into a marine animal 
tracking and sighting database.
    (g) One to 1.5 Hours Prior to Mission Launch:
    (1) Depending upon the mission, aerial and shipboard viewers will be 
instructed to leave the area and remain outside the safety area. The 
aerial team will report all marine animals spotted and their directions 
of travel to the lead scientist onboard the vessel.
    (2) The shipboard monitoring team will continue searching the buffer 
zone for protected species as it leaves the safety zone. The surface 
vessels will continue to monitor from outside of the safety area until 
after impact.
    (h) Post-mission monitoring:
    (1) The vessels will move into the safety zone from outside the 
safety zone and continue monitoring for at least two hours, 
concentrating on the area down current of the test site.
    (2) The Holder of the Letter of Authorization will closely 
coordinate mission launches with marine animal stranding networks. 
Coordination shall include:
    (i) Pre-activity notification of a PSW exercise; and
    (ii) Post-event surveying of the Eglin AFB shore-line in the 
vicinity of the PSW exercise.
    (3) The monitoring team will document any dead or injured marine 
mammals and, if practicable, recover and examine any dead animals.
    (i) Activities related to the monitoring described in this section 
may include retention of marine mammals without the need for a separate 
scientific research permit.
    (j) The Holder of the Letter of Authorization must conduct any 
marine mammal research required under the Letter of Authorization.
    (k) Reporting. (1) Unless specified otherwise in the Letter of 
Authorization, the Holder of the Letter of Authorization must submit an 
annual report to the Director, Office of Protected Resources, National 
Marine Fisheries Service, no later than 30 days prior to the date of 
expiration of the Letter of Authorization. This report must contain all 
information required by these regulations and the Letter of 
Authorization.
    (2) The final comprehensive report on all marine mammal monitoring 
and research conducted during the period of these regulations must be 
submitted to the Director, Office of Protected Resources, National 
Marine Fisheries Service at least 240 days prior to expiration of these 
regulations or 240 days after the expiration of these regulations if new 
regulations will not be requested.



Sec. 216.256  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. citizen (as defined at Sec. 216.103 ) conducting the activity 
identified in Sec. 216.250(a) must apply for and obtain either an 
initial Letter of Authorization in accordance with Sec. Sec. 216.106 
and 216.257 or a renewal under Sec. 216.258.



Sec. 216.257  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time specified in the Letter of Authorization, but 
may not to exceed the period of validity of this subpart, and must be 
renewed annually subject to annual renewal conditions in Sec. 216.258.
    (b) A Letter of Authorization with a period of validity less than 
the period of this subpart may be renewed subject to renewal conditions 
in Sec. 216.258.
    (c) Each Letter of Authorization will set forth:

[[Page 121]]

    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses; and
    (3) Requirements for monitoring and reporting incidental takes.
    (d) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the species or stock of affected marine mammals.
    (e) Except for the initial Letter of Authorization, notice of 
issuance or denial of subsequent Letters of Authorization will be 
published in the Federal Register within 30 days of a determination.



Sec. 216.258  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued under Sec. 216.106 and Sec. 
216.257 for the activity identified in Sec. 216.250(a) will be renewed 
annually upon:
    (1) Notification to the National Marine Fisheries Service that the 
activity described in the application submitted under Sec. 216.256 will 
be undertaken and that there will not be a substantial modification to 
the described work, mitigation or monitoring undertaken during the 
upcoming 12 months;
    (2) Timely receipt of the monitoring report required under Sec. 
216.255(k), and the Letter of Authorization, which has been reviewed and 
accepted by the National Marine Fisheries Service; and
    (3) A determination by the National Marine Fisheries Service that 
the mitigation, monitoring and reporting measures required under Sec. 
216.254, Sec. 216.255, and the Letter of Authorization issued under 
Sec. Sec. 216.106 and 216.257, were undertaken and will be undertaken 
during the upcoming annual period of validity of a renewed Letter of 
Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.258 indicates that a substantial 
modification to the described work, mitigation, monitoring or research 
undertaken during the upcoming season will occur, the National Marine 
Fisheries Service will provide the public a period of 30 days for review 
and seek comment on:
    (1) New cited information and data that indicates that the 
determinations made for promulgating these regulations are in need of 
reconsideration, and
    (2) Proposed changes to the mitigation, monitoring and research 
requirements contained in these regulations or in the current Letter of 
Authorization.



Sec. 216.259  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to a 
Letter of Authorization issued pursuant to Sec. Sec. 216.106 shall be 
made until after notification and an opportunity for public comment has 
been provided. For purposes of this paragraph, a renewal of a Letter of 
Authorization under Sec. 216.258, without modification (except for the 
period of validity), is not considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.250(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.257 may be 
substantively modified without prior notification and an opportunity for 
public comment. Notification will be published in the Federal Register 
within 30 days subsequent to the action.



Subpart X_Taking Marine Mammals Incidental to U.S. Navy Training in the 
         Southern California Range Complex (SOCAL Range Complex)

    Source: 74 FR 3909, Jan. 21, 2009, unless otherwise noted.

    Effective Date Note: 74 FR 3909, Jan. 21, 2009, subpart X was added, 
effective Jan. 14, 2009 through Jan. 14, 2014.



Sec. 216.270  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the

[[Page 122]]

area outlined in paragraph (b) of this section and that occurs 
incidental to the activities described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the SOCAL Range Complex (as depicted in Figure ES-1 in 
the Navy's Final Environmental Impact Statement for the SOCAL Range 
Complex), which extends southwest from southern California in an 
approximately 700 by 200 nm rectangle with the seaward corners at 
27[deg]30[min]00[sec] N. lat.; 127[deg]10[min]04[sec] W. long. and 
24[deg]00[min]01[sec] N. lat.; 125[deg]00[min]03[sec] W. long.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities:
    (1) The use of the following mid-frequency active sonar (MFAS) and 
high frequency active sonar (HFAS) sources, or similar sources, for Navy 
training, maintenance, or research, development, testing, and evaluation 
(RDT&E) (estimated amounts below):

(i) AN/SQS-53 (hull-mounted active sonar)--up to 9885 hours over the 
course of 5 years (an average of 1977 hours per year)
(ii) AN/SQS-56 (hull-mounted active sonar)--up to 2470 hours over the 
course of 5 years (an average of 494 hours per year)
(iii) AN/BQQ-10 (submarine active sonar)--up to 4075 hours over the 
course of 5 years (an average of 815 hours per year)(an average of 2 
pings per hour during training events, 60 pings per hour for 
maintenance)
(iv) AN/AQS-22 or 13 (active helicopter dipping sonar)--up to 13595 dips 
over the course of 5 years (an average of 2719 dips per year--10 pings 
per dip)
(v) SSQ-62 (Directional Command Activated Sonobuoy System (DICASS) 
sonobuoys)--up to 21275 sonobuoys over the course of 5 years (an average 
of 4255 sonobuoys per year)
(vi) MK-48 (heavyweight torpedoes)--up to 435 torpedoes over the course 
of 5 years (an average of 87 torpedoes per year)
(vii) AN/BQQ-15 (submarine navigational sonar)--up to 610 hours over the 
course of 5 years (an average of 122 hours per year)
(viii) MK-46 (lightweight torpedoes)--up to 420 torpedoes over the 
course of 5 years (an average of 84 torpedoes per year)
(ix) AN/SLQ-25A NIXIE--up to 1135 hours over the course of 5 years (an 
average of 227 hours per year)
(x) AN/SSQ-125 (AEER sonar sonobuoy)--up to 540 sonobuoys (total, of 
EER/IEER and AEER) over the course of 5 years (an average of 108 per 
year))
    (2) The detonation of the underwater explosives indicated in 
paragraph (c)(2)(i) of this section, or similar explosives, conducted as 
part of the training exercises indicated in paragraph (c)(2)(ii) of this 
section:
(i) Underwater Explosives:
    (A) 5'' Naval Gunfire (9.5 lbs)
    (B) 76 mm rounds (1.6 lbs)
    (C) Maverick (78.5 lbs)
    (D) Harpoon (448 lbs)
    (E) MK-82 (238 lbs)
    (F) MK-83 (574 lbs)
    (G) MK-84 (945 lbs)
    (H) MK-48 (851 lbs)
    (I) Demolition Charges (20 lbs)
    (J) AN/SSQ-110A (IEER explosive sonobuoy--5 lbs)
    (ii) Training Events:
    (A) Surface-to-surface Gunnery Exercises (S-S GUNEX)--up to 2010 
exercises over the course of 5 years (an average of 402 per year)
    (B) Air-to-surface Missile Exercises (A-S MISSILEX)--up to 250 
exercises over the course of 5 years (an average of 50 per year)
    (C) Bombing Exercises (BOMBEX)--up to 200 exercises over the course 
of 5 years (an average of 40 per year)
    (D) Sinking Exercises (SINKEX)--up to 10 exercises over the course 
of 5 years (an average of 2 per year)
    (E) Extended Echo Ranging and Improved Extended Echo Ranging (EER/
IEER) Systems--up to 15 exercises (total, of EER/IEER and AEER combined) 
over the course of 5 years (an average of 3 exercises, or 108 sonobuoy 
deployments, per year).
    (d) The taking of marine mammals may be authorized in an LOA for the 
activities and sources listed in

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Sec. 216.270(c) should the amounts (e.g., hours, dips, or number of 
exercises) vary from those estimated in Sec. 216.270(c), provided that 
the variation does not result in exceeding the amount of take indicated 
in Sec. 216.272(c).

[74 FR 3909, Jan. 21, 2009, as amended at 76 FR 6701, Feb. 8, 2011]



Sec. 216.271  Effective dates and definitions.

    (a) Amended regulations are effective February 4, 2011, through 
January 14, 2014.
    (b) The following definitions are utilized in these regulations:
    (1) Uncommon Stranding Event (USE)--A stranding event that takes 
place during an integrated, coordinated, or major training exercise 
(MTE) and involves any one of the following:
    (i) Two or more individuals of any cetacean species (not including 
mother/calf pairs, unless of species of concern listed in Sec. 
216.271(b)(1)(ii) found dead or live on shore within a two day period 
and occurring within 30 miles of one another.
    (ii) A single individual or mother/calf pair of any of the following 
marine mammals of concern: Beaked whale of any species, dwarf or pygmy 
sperm whales, short-finned pilot whales, humpback whales, sperm whales, 
blue whales, fin whales, or sei whales.
    (iii) A group of 2 or more cetaceans of any species exhibiting 
indicators of distress as defined in the SOCAL Range Complex Stranding 
Response Plan.
    (2) Shutdown--The cessation of MFAS/HFAS operation or detonation of 
explosives within 14 nm of any live, in the water, animal involved in a 
USE.

[74 FR 3909, Jan. 21, 2009, as amended at 76 FR 6701, Feb. 8, 2011]



Sec. 216.272  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 216.277, the Holder of the Letter of Authorization may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec. 216.270(b), provided the activity is in compliance 
with all terms, conditions, and requirements of these regulations and 
the appropriate Letter of Authorization.
    (b) The activities identified in Sec. 216.270(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 216.270(c) is limited to the following species, by 
the indicated method of take and the indicated number of times:
    (1) Level B Harassment (10 percent of the 
number of takes indicated below):
(i) Mysticetes:
    (A) Humpback whale (Megaptera novaeangliae)--110 (an average of 22 
annually)
    (B) Fin whale (Balaenoptera physalus)--870 (an average of 174 
annually)
    (C) Blue whale (Balaenoptera musculus)--3085 (an average of 617 
annually)
    (D) Minke whale (Balaenoptera acutorostrata)--665 (an average of 133 
annually)
    (E) Gray whale (Eschrichtius robustus)--27340 (an average of 5468 
annually)
(ii) Odontocetes:
    (A) Sperm whales (Physeter macrocephalus)--775 (an average of 155 
annually)
    (B) Pygmy sperm whales (Kogia breviceps)--830 (an average of 166 
annually)
    (C) Dwarf sperm whale (Kogia sima)--100 (an average of 20 annually)
    (D) Mesoplodont beaked whales (Blainville's, Hubb's, Perrin's, 
pygmy, and ginkgo-toothed) (Mesoplodon densirostris, M. carlhubbsi, M. 
perrini, M. peruvianus, M. ginkgodens)--690 (an average of 138 annually)
    (E) Cuvier's beaked whales (Ziphius cavirostris)--2175 (an average 
of 435 annually)
    (F) Baird's beaked whales (Berardius bairdii)--100 (an average of 20 
annually)
    (G) Unidentified beaked whales--555 (an average of 104 annually)
    (H) Rough-toothed dolphin (Steno bredanensis)--100 (an average of 20 
annually)

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    (I) Bottlenose dolphin (Tursiops truncatus)--7480 (an average of 
1516 annually)
    (J) Pan-tropical spotted dolphin (Stenella attenuata)--100 (an 
average of 20 annually)
    (K) Spinner dolphin (Stenella longirostris)--100 (an average of 20 
annually)
    (L) Striped dolphin (Stenella coeruleoalba)--9190 (an average of 
1838 annually)
    (M) Long-beaked common dolphin (Delphinus capensis)--23145 (an 
average of 4629 annually)
    (N) Risso's dolphin (Grampus griseus)--17995 (an average of 3599 
annually)
    (O) Northern right whale dolphin (Lissodelphis borealis)--7935 (an 
average of 1547 annually)
    (P) Pacific white-sided dolphin (Lagenorhynchus obliquidens)--7020 
(an average of 1404 annually)
    (Q) Short-beaked common dolphin (Delphinus delphis)--197350 (an 
average of 39470 annually)
    (R) Melon-headed whale (Peponocephala electra)--100 (an average of 
20 annually)
    (S) Pygmy killer whale (Feresa attenuata)--100 (an average of 20 
annually)
    (T) False killer whale (Pseudorca crassidens)--100 (an average of 20 
annually)
    (U) Killer whale (Orcinus orca)--70 (an average of 14 annually)
    (V) Short-finned pilot whale (Globicephala macrorynchus)--260 (an 
average of 52 annually)
    (W) Dall's porpoise (Phocoenoides dalli)--3145 (an average of 629 
annually)
(iii) Pinnipeds:
    (A) Northern elephant seal (Mirounga angustirostris)--4795 (an 
average of 959 annually)
    (B) Pacific harbor seal (Phoca vitulina)--28380 (an average of 5676 
annually)
    (C) California sea lion (Zalophus californianus)--277530 (an average 
of 55506 annually)
    (D) Northern fur seal (Callorhinus ursinus)--6185 (an average of 
1237 annually)
    (E) Guadalupe fur seal (Arctocephalus townsendi)--5340 (an average 
of 1068 annually)
    (2) Level A Harassment and/or mortality of no more than 10 beaked 
whales (total), of any of the species listed in Sec. 
216.272(c)(1)(ii)(D) through (G) over the course of the 5-year 
regulations.



Sec. 216.273  Prohibitions.

    Notwithstanding takings contemplated in Sec. 216.272 and authorized 
by a Letter of Authorization issued under Sec. Sec. 216.106 and 
216.277, no person in connection with the activities described in Sec. 
216.270 may:
    (a) Take any marine mammal not specified in Sec. 216.272(c);
    (b) Take any marine mammal specified in Sec. 216.272(c) other than 
by incidental take as specified in Sec. 216.272(c)(1) and (2);
    (c) Take a marine mammal specified in Sec. 216.272(c) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.277.



Sec. 216.274  Mitigation.

    (a) When conducting activities identified in Sec. 216.270(c), the 
mitigation measures contained in the Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.277 must be implemented. These 
mitigation measures include, but are not limited to:
    (1) Navy's General SOCAL Maritime Measures for All Training at Sea:
    (i) Personnel Training (for all Training Types):
    (A) All commanding officers (COs), executive officers (XOs), 
lookouts, Officers of the Deck (OODs), junior OODs (JOODs), maritime 
patrol aircraft aircrews, and Anti-submarine Warfare (ASW)/Mine Warfare 
(MIW) helicopter crews shall complete the NMFS-approved Marine Species 
Awareness Training (MSAT) by viewing the U.S. Navy MSAT digital 
versatile disk (DVD). All bridge lookouts shall complete both parts one 
and two of the

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MSAT; part two is optional for other personnel.
    (B) Navy lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (Naval Education and Training Command [NAVEDTRA] 12968-D).
    (C) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced lookout. Following successful 
completion of this supervised training period, lookouts shall complete 
the Personal Qualification Standard Program, certifying that they have 
demonstrated the necessary skills (such as detection and reporting of 
partially submerged objects). Personnel being trained as lookouts can be 
counted among required lookouts as long as supervisors monitor their 
progress and performance.
    (D) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure in order 
to facilitate implementation of mitigation measures if marine species 
are spotted.
    (ii) Operating Procedures and Collision Avoidance:
    (A) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures Message or Environmental Annex to the Operational Order shall 
be issued to further disseminate the personnel training requirement and 
general marine species mitigation measures.
    (B) COs shall make use of marine species detection cues and 
information to limit interaction with marine species to the maximum 
extent possible consistent with safety of the ship.
    (C) While underway, surface vessels shall have at least two lookouts 
with binoculars; surfaced submarines shall have at least one lookout 
with binoculars. Lookouts already posted for safety of navigation and 
man-overboard precautions may be used to fill this requirement. As part 
of their regular duties, lookouts will watch for and report to the OOD 
the presence of marine mammals.
    (D) On surface vessels equipped with a mid-frequency active sensor, 
pedestal mounted ``Big Eye'' (20x110) binoculars shall be properly 
installed and in good working order to assist in the detection of marine 
mammals in the vicinity of the vessel.
    (E) Personnel on lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (F) After sunset and prior to sunrise, lookouts shall employ Night 
Lookout Techniques in accordance with the Lookout Training Handbook. 
(NAVEDTRA 12968-D).
    (G) While in transit, naval vessels shall be alert at all times, use 
extreme caution, and proceed at a ``safe speed'' so that the vessel can 
take proper and effective action to avoid a collision with any marine 
animal and can be stopped within a distance appropriate to the 
prevailing circumstances and conditions.
    (H) When marine mammals have been sighted in the area, Navy vessels 
shall increase vigilance and take reasonable and practicable actions to 
avoid collisions and activities that might result in close interaction 
of naval assets and marine mammals. Actions may include changing speed 
and/or direction and are dictated by environmental and other conditions 
(e.g., safety, weather).
    (I) Floating weeds and kelp, algal mats, clusters of seabirds, and 
jellyfish are good indicators of marine mammals. Therefore, where these 
circumstances are present, the Navy shall exercise increased vigilance 
in watching for marine mammals.
    (J) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine mammals as long as it does not violate safety constraints or 
interfere with the accomplishment of primary operational duties. Marine 
mammal detections shall be immediately reported to assigned Aircraft 
Control Unit for further dissemination to ships in the vicinity of the 
marine species as appropriate when it is reasonable to conclude that the 
course of the ship will likely result in a closing of the distance to 
the detected marine mammal.
    (K) All vessels shall maintain logs and records documenting training 
operations should they be required for event reconstruction purposes. 
Logs and records will be kept for a period of

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30 days following completion of a major training exercise.
    (2) Navy's Measures for MFAS Operations:
    (i) Personnel Training (for MFAS Operations):
    (A) All lookouts onboard platforms involved in ASW training events 
shall review the NMFS-approved Marine Species Awareness Training 
material prior to use of mid-frequency active sonar.
    (B) All COs, XOs, and officers standing watch on the bridge shall 
have reviewed the Marine Species Awareness Training material prior to a 
training event employing the use of mid-frequency active sonar.
    (C) Navy lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (Naval Educational Training [NAVEDTRA], 12968-D).
    (D) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, lookouts shall 
complete the Personal Qualification Standard program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects). This does not forbid 
personnel being trained as lookouts from being counted as those listed 
in previous measures so long as supervisors monitor their progress and 
performance.
    (E) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure in order 
to facilitate implementation of mitigation measures if marine species 
are spotted.
    (ii) Lookout and Watchstander Responsibilities:
    (A) On the bridge of surface ships, there shall always be at least 
three people on watch whose duties include observing the water surface 
around the vessel.
    (B) All surface ships participating in ASW training events shall, in 
addition to the three personnel on watch noted previously, have at all 
times during the exercise at least two additional personnel on watch as 
marine mammal lookouts.
    (C) Personnel on lookout and officers on watch on the bridge shall 
have at least one set of binoculars available for each person to aid in 
the detection of marine mammals.
    (D) On surface vessels equipped with mid-frequency active sonar, 
pedestal mounted ``Big Eye'' (20x110) binoculars shall be present and in 
good working order to assist in the detection of marine mammals in the 
vicinity of the vessel.
    (E) Personnel on lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (F) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook.
    (G) Personnel on lookout shall be responsible for reporting all 
objects or anomalies sighted in the water (regardless of the distance 
from the vessel) to the Officer of the Deck, since any object or 
disturbance (e.g., trash, periscope, surface disturbance, discoloration) 
in the water may be indicative of a threat to the vessel and its crew or 
indicative of a marine species that may need to be avoided as warranted.
    (iii) Operating Procedures:
    (A) Navy will distribute final mitigation measures contained in the 
LOA and the Incidental take statement of NMFS' biological opinion to the 
Fleet.
    (B) COs shall make use of marine species detection cues and 
information to limit interaction with marine species to the maximum 
extent possible consistent with safety of the ship.
    (C) All personnel engaged in passive acoustic sonar operation 
(including aircraft, surface ships, or submarines) shall monitor for 
marine mammal vocalizations and report the detection of any marine 
mammal to the appropriate watch station for dissemination and 
appropriate action.
    (D) During mid-frequency active sonar operations, personnel shall 
utilize all available sensor and optical systems (such as night vision 
goggles) to aid in the detection of marine mammals.

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    (E) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine species of concern as long as it does not violate safety 
constraints or interfere with the accomplishment of primary operational 
duties.
    (F) Aircraft with deployed sonobuoys shall use only the passive 
capability of sonobuoys when marine mammals are detected within 200 yds 
(183 m) of the sonobuoy.
    (G) Marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate where it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (H) Safety Zones--When marine mammals are detected by any means 
(aircraft, shipboard lookout, or acoustically) within or closing to 
inside 1,000 yds (914 m) of the sonar dome (the bow), the ship or 
submarine shall limit active transmission levels to at least 6 decibels 
(dB) below normal operating levels.
    (1) Ships and submarines shall continue to limit maximum 
transmission levels by this 6-dB factor until the animal has been seen 
to leave the area, has not been detected for 30 minutes, or the vessel 
has transited more than 2,000 yds (1829 m) beyond the location of the 
last detection.
    (2) Should a marine mammal be detected within or closing to inside 
500 yds (457 m) of the sonar dome, active sonar transmissions shall be 
limited to at least 10-dB below the equipment's normal operating level. 
Ships and submarines shall continue to limit maximum ping levels by this 
10-dB factor until the animal has been seen to leave the area, has not 
been detected for 30 minutes, or the vessel has transited more than 
2,000 yds (1829 m) beyond the location of the last detection.
    (3) Should the marine mammal be detected within or closing to inside 
200 yds (183 m) of the sonar dome, active sonar transmissions shall 
cease. Sonar shall not resume until the animal has been seen to leave 
the area, has not been detected for 30 minutes, or the vessel has 
transited more than 2,000 yds (1829 m) beyond the location of the last 
detection.
    (4) Special conditions applicable for dolphins and porpoises only: 
If, after conducting an initial maneuver to avoid close quarters with 
dolphins or porpoises, the OOD concludes that dolphins or porpoises are 
deliberately closing to ride the vessel's bow wave, no further 
mitigation actions are necessary while the dolphins or porpoises 
continue to exhibit bow wave riding behavior.
    (5) If the need for power-down should arise as detailed in paragraph 
(a)(2)(iii)(H) of this section, the Navy shall follow the requirements 
as though they were operating at 235 dB--the normal operating level 
(i.e., the first power-down will be to 229 dB, regardless of at what 
level above 235 dB active sonar was being operated).
    (I) Prior to start up or restart of active sonar, operators will 
check that the Safety Zone radius around the sound source is clear of 
marine mammals.
    (J) Active sonar levels (generally)--Navy shall operate active sonar 
at the lowest practicable level, not to exceed 235 dB, except as 
required to meet tactical training objectives.
    (K) Helicopters shall observe/survey the vicinity of an ASW training 
event for 10 minutes before the first deployment of active (dipping) 
sonar in the water.
    (L) Helicopters shall not dip their active sonar within 200 yds (183 
m) of a marine mammal and shall cease pinging if a marine mammal closes 
within 200 yds (183 m) after pinging has begun.
    (M) Submarine sonar operators shall review detection indicators of 
close-aboard marine mammals prior to the commencement of ASW training 
events involving active mid-frequency sonar.
    (N) Night vision goggles shall be available to all ships and air 
crews, for use as appropriate.
    (3) Navy's Measures for Underwater Detonations:
    (i) Surface-to-Surface Gunnery (explosive rounds):
    (A) Lookouts shall visually survey for floating weeds and kelp. 
Intended impact (i.e., where the Navy is aiming)

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shall not be within 600 yds (585 m) of known or observed floating weeds 
and kelp, and algal mats.
    (B) For exercises using targets towed by a vessel or aircraft, 
target-towing vessels/aircraft shall maintain a trained lookout for 
marine mammals, if applicable. If a marine mammal is sighted in the 
vicinity, the tow aircraft/vessel shall immediately notify the firing 
vessel, which shall suspend the exercise until the area is clear.
    (C) A 600-yard radius buffer zone shall be established around the 
intended target.
    (D) From the intended firing position, trained lookouts shall survey 
the buffer zone for marine mammals prior to commencement and during the 
exercise as long as practicable.
    (E) The exercise shall be conducted only when the buffer zone is 
visible and marine mammals are not detected within it.
    (ii) Surface-to-Surface Gunnery (non-explosive rounds):
    (A) Lookouts shall visually survey for floating weeds and kelp, and 
algal mats. Intended impact will not be within 200 yds (183 m) of known 
or observed floating weeds and kelp, and algal mats.
    (B) A 200-yd (183 m) radius buffer zone shall be established around 
the intended target.
    (C) From the intended firing position, trained lookouts shall survey 
the buffer zone for marine mammals prior to commencement and during the 
exercise as long as practicable.
    (D) If applicable, target towing vessels shall maintain a lookout. 
If a marine mammal is sighted in the vicinity of the exercise, the tow 
vessel shall immediately notify the firing vessel in order to secure 
gunnery firing until the area is clear.
    (E) The exercise shall be conducted only when the buffer zone is 
visible and marine mammals are not detected within the target area and 
the buffer zone.
    (iii) Surface-to-Air Gunnery (explosive and non-explosive rounds):
    (A) Vessels shall orient the geometry of gunnery exercises in order 
to prevent debris from falling in the area of sighted marine mammals.
    (B) Vessels will expedite the recovery of any parachute deploying 
aerial targets to reduce the potential for entanglement of marine 
mammals.
    (C) Target towing aircraft shall maintain a lookout, if applicable. 
If a marine mammal is sighted in the vicinity of the exercise, the tow 
aircraft shall immediately notify the firing vessel in order to secure 
gunnery firing until the area is clear.
    (iv) Air-to-Surface Gunnery (explosive and non-explosive rounds)
    (A) If surface vessels are involved, lookouts will visually survey 
for floating kelp in the target area. Impact shall not occur within 200 
yds (183 m) of known or observed floating weeds and kelp or algal mats.
    (B) A 200 yd (183 m) radius buffer zone shall be established around 
the intended target.
    (C) If surface vessels are involved, lookout(s) shall visually 
survey the buffer zone for marine mammals prior to and during the 
exercise.
    (D) Aerial surveillance of the buffer zone for marine mammals shall 
be conducted prior to commencement of the exercise. Aircraft crew/pilot 
shall maintain visual watch during exercises. Release of ordnance 
through cloud cover is prohibited: aircraft must be able to actually see 
ordnance impact areas.
    (E) The exercise shall be conducted only if marine mammals are not 
visible within the buffer zone.
    (v) Small Arms Training--(grenades, explosive and non-explosive 
rounds)--Lookouts will visually survey for floating weeds or kelp, algal 
mats, and marine mammals. Weapons shall not be fired in the direction of 
known or observed floating weeds or kelp, algal mats, or marine mammals.
    (vi) Air-to-Surface At-sea Bombing Exercises (explosive and non-
explosive):
    (A) If surface vessels are involved, trained lookouts shall survey 
for floating kelp and marine mammals. Ordnance shall not be targeted to 
impact within 1,000 yds (914 m) of known or observed floating kelp or 
marine mammals.
    (B) A 1,000 yd (914 m) radius buffer zone shall be established 
around the intended target.

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    (C) Aircraft shall visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area shall be made by flying at 1,500 ft (152 m) or lower, if 
safe to do so, and at the slowest safe speed. Release of ordnance 
through cloud cover is prohibited: aircraft must be able to actually see 
ordnance impact areas. Survey aircraft should employ most effective 
search tactics and capabilities.
    (D) The exercise will be conducted only if marine mammals are not 
visible within the buffer zone.
    (vii) Air-to-Surface Missile Exercises (explosive and non-
explosive):
    (A) Ordnance shall not be targeted to impact within 1,800 yds (1646 
m) of known or observed floating kelp.
    (B) Aircraft shall visually survey the target area for marine 
mammals. Visual inspection of the target area shall be made by flying at 
1,500 (457 m) feet or lower, if safe to do so, and at slowest safe 
speed. Firing or range clearance aircraft must be able to actually see 
ordnance impact areas. Explosive ordnance shall not be targeted to 
impact within 1,800 yds (1646 m) of sighted marine mammals.
    (viii) Demolitions, Mine Warfare, and Mine Countermeasures (up to a 
20-lb NEW charge):
    (A) Exclusion Zones--All Demolitions, Mine Warfare and Mine 
Countermeasures Operations involving the use of explosive charges must 
include exclusion zones for marine mammals to prevent physical and/or 
acoustic effects to those species. These exclusion zones shall extend in 
a 700-yard arc radius around the detonation site.
    (B) Pre-Exercise Surveys--For Demolition and Ship Mine 
Countermeasures Operations, pre-exercise survey shall be conducted 
within 30 minutes prior to the commencement of the scheduled explosive 
event. The survey may be conducted from the surface, by divers, and/or 
from the air, and personnel shall be alert to the presence of any marine 
mammal. Should a marine mammal be present within the survey area, the 
exercise shall be paused until the animal voluntarily leaves the area. 
The Navy shall suspend detonation exercises and ensure the area is clear 
for a full 30 minutes prior to detonation. Personnel shall record any 
marine mammal observations during the exercise.
    (C) Post-Exercise Surveys--Surveys within the same radius shall also 
be conducted within 30 minutes after the completion of the explosive 
event.
    (D) Reporting--If there is evidence that a marine mammal may have 
been stranded, injured or killed by the action, Navy activities shall be 
immediately suspended and the situation immediately reported by the 
participating unit to the Officer in Charge of the Exercise (OCE), who 
will follow Navy procedures for reporting the incident to Commander, 
Pacific Fleet, Commander, Third Fleet, Commander, Navy Region Southwest, 
Environmental Director, and the chain-of-command. The situation shall 
also be reported to NMFS (see Stranding Plan for details).
    (ix) Mining Operations--Initial target points shall be briefly 
surveyed prior to inert ordnance (no live ordnance used) release from an 
aircraft to ensure the intended drop area is clear of marine mammals. To 
the extent feasible, the Navy shall retrieve inert mine shapes dropped 
during Mining Operations.
    (x) Sink Exercise:
    (A) All weapons firing shall be conducted during the period 1 hour 
after official sunrise to 30 minutes before official sunset.
    (B) An exclusion zone with a radius of 1.5 nm shall be established 
around each target. This 1.5 nm zone includes a buffer of 0.5 nm to 
account for errors, target drift, and animal movement. In addition to 
the 1.5 nm exclusion zone, a further safety zone, which extends from the 
exclusion zone at 1.5 nm out an additional 0.5 nm, shall be surveyed. 
Together, the zones (exclusion and safety) extend out 2 nm from the 
target.
    (C) A series of surveillance over-flights shall be conducted within 
the exclusion and the safety zones, prior to and during the exercise, 
when feasible. Survey protocol shall be as follows:
    (1) Overflights within the exclusion zone shall be conducted in a 
manner that optimizes the surface area of the water observed. This may 
be accomplished through the use of the Navy's Search and Rescue Tactical 
Aid, which

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provides the best search altitude, ground speed, and track spacing for 
the discovery of small, possibly dark objects in the water based on the 
environmental conditions of the day. These environmental conditions 
include the angle of sun inclination, amount of daylight, cloud cover, 
visibility, and sea state.
    (2) All visual surveillance activities shall be conducted by Navy 
personnel trained in visual surveillance. At least one member of the 
mitigation team shall have completed the Navy's marine mammal training 
program for lookouts.
    (3) In addition to the overflights, the exclusion zone shall be 
monitored by passive acoustic means, when assets are available. This 
passive acoustic monitoring would be maintained throughout the exercise. 
Potential assets include sonobuoys, which can be utilized to detect any 
vocalizing marine mammals (particularly sperm whales) in the vicinity of 
the exercise. The sonobuoys shall be re-seeded as necessary throughout 
the exercise. Additionally, passive sonar onboard submarines may be 
utilized to detect any vocalizing marine mammals in the area. The OCE 
would be informed of any aural detection of marine mammals and would 
include this information in the determination of when it is safe to 
commence the exercise.
    (4) On each day of the exercise, aerial surveillance of the 
exclusion and safety zones shall commence 2 hours prior to the first 
firing.
    (5) The results of all visual, aerial, and acoustic searches shall 
be reported immediately to the OCE. No weapons launches or firing may 
commence until the OCE declares the safety and exclusion zones free of 
marine mammals.
    (6) If a protected species observed within the exclusion zone is 
diving, firing shall be delayed until the animal is re-sighted outside 
the exclusion zone, or 30 minutes have elapsed. After 30 minutes, if the 
animal has not been re-sighted it would be assumed to have left the 
exclusion zone.
    (7) During breaks in the exercise of 30 minutes or more, the 
exclusion zone shall again be surveyed for any protected species. If 
marine mammals are sighted within the exclusion zone, the OCE shall be 
notified, and the procedure described in paragraph (a)(3)(x)(C)(6 ) of 
this section would be followed.
    (8) Upon sinking of the vessel, a final surveillance of the 
exclusion zone shall be monitored for 2 hours, or until sunset, to 
verify that no marine mammals were harmed.
    (D) Aerial surveillance shall be conducted using helicopters or 
other aircraft based on necessity and availability. The Navy has several 
types of aircraft capable of performing this task; however, not all 
types are available for every exercise. For each exercise, the available 
asset best suited for identifying objects on and near the surface of the 
ocean would be used. These aircraft would be capable of flying at the 
slow safe speeds necessary to enable viewing of marine vertebrates with 
unobstructed, or minimally obstructed, downward and outward visibility. 
The exclusion and safety zone surveys may be cancelled in the event that 
a mechanical problem, emergency search and rescue, or other similar and 
unexpected event preempts the use of one of the aircraft onsite for the 
exercise.
    (E) Where practicable, the Navy shall conduct the exercise in sea 
states that are ideal for marine mammal sighting, i.e., Beaufort Sea 
State 3 or less. In the event of a 4 or above, survey efforts shall be 
increased within the zones. This shall be accomplished through the use 
of an additional aircraft, if available, and conducting tight search 
patterns.
    (F) The exercise shall not be conducted unless the exclusion zone 
can be adequately monitored visually.
    (G) In the event that any marine mammals are observed to be harmed 
in the area, a detailed description of the animal shall be taken, the 
location noted, and if possible, photos taken. This information shall be 
provided to NMFS via the Navy's regional environmental coordinator for 
purposes of identification (see the Stranding Plan for detail).
    (H) An after action report detailing the exercise's time line, the 
time the surveys commenced and terminated,

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amount, and types of all ordnance expended, and the results of survey 
efforts for each event shall be submitted to NMFS.
    (xi) Extended Echo Ranging/Improved Extended Echo Ranging (EER/IEER/
AEER):
    (A) Crews shall conduct visual reconnaissance of the drop area prior 
to laying their intended sonobuoy pattern. This search shall be 
conducted at an altitude below 457 m (500 yd) at a slow speed, if 
operationally feasible and weather conditions permit. In dual aircraft 
operations, crews are allowed to conduct coordinated area clearances.
    (B) For IEER (AN/SSQ-110A), crews shall conduct a minimum of 30 
minutes of visual and aural monitoring of the search area prior to 
commanding the first post detonation. This 30-minute observation period 
may include pattern deployment time.
    (C) For any part of the briefed pattern where a post (source/
receiver sonobuoy pair) will be deployed within 914 m (1,000 yd) of 
observed marine mammal activity, the Navy shall deploy the receiver ONLY 
and monitor while conducting a visual search. When marine mammals are no 
longer detected within 914 m (1,000 yd) of the intended post position, 
the Navy shall co-locate the explosive source sonobuoy (AN/SSQ-110A) 
(source) with the receiver.
    (D) When able, Navy crews shall conduct continuous visual and aural 
monitoring of marine mammal activity. This is to include monitoring of 
own-aircraft sensors from first sensor placement to checking off station 
and out of RF range of these sensors.
    (E) Aural Detection--If the presence of marine mammals is detected 
aurally, then that shall cue the Navy aircrew to increase the diligence 
of their visual surveillance. Subsequently, if no marine mammals are 
visually detected, then the crew may continue multi-static active 
search.
    (F) Visual Detection--If marine mammals are visually detected within 
914 m (1,000 yd) of the explosive source sonobuoy (AN/SSQ-110A) intended 
for use, then that payload shall not be detonated. Aircrews may utilize 
this post once the marine mammals have not been re-sighted for 30 
minutes, or are observed to have moved outside the 914 m (1,000 yd) 
safety buffer. Aircrews may shift their multi-static active search to 
another post, where marine mammals are outside the 914 m (1,000 yd) 
safety buffer.
    (G) For IEER (AN/SSQ-110A), aircrews shall make every attempt to 
manually detonate the unexploded charges at each post in the pattern 
prior to departing the operations area by using the ``Payload 1 
Release'' command followed by the ``Payload 2 Release'' command. 
Aircrews shall refrain from using the ``Scuttle'' command when two 
payloads remain at a given post. Aircrews will ensure that a 914 m 
(1,000 yd) safety buffer, visually clear of marine mammals, is 
maintained around each post as is done during active search operations.
    (H) Aircrews shall only leave posts with unexploded charges in the 
event of a sonobuoy malfunction, an aircraft system malfunction, or when 
an aircraft must immediately depart the area due to issues such as fuel 
constraints, inclement weather, and in-flight emergencies. In these 
cases, the sonobuoy will self-scuttle using the secondary or tertiary 
method.
    (I) The Navy shall ensure all payloads are accounted for. Explosive 
source sonobuoys (AN/SSQ-110A) that can not be scuttled shall be 
reported as unexploded ordnance via voice communications while airborne, 
then upon landing via naval message.
    (J) Marine mammal monitoring shall continue until out of own-
aircraft sensor range.
    (4) The Navy shall abide by the letter of the ``Stranding Response 
Plan for Major Navy Training Exercises in the SOCAL Range Complex'' 
(available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm), 
which is incorporated herein by reference, to include the following 
measures:
    (i) Shutdown Procedures--When an Uncommon Stranding Event (USE--
defined in Sec. 216.271) occurs during a Major Training Exercise (MTE) 
(as defined in the Stranding Plan, meaning including Sustainment, 
SHAREM, IAC2, JTFEX, or COMPTUEX) in the SOCAL Range Complex, the Navy 
shall implement the procedures described below.

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    (A) The Navy shall implement a Shutdown (as defined Sec. 216.271) 
when advised by a NMFS Office of Protected Resources Headquarters Senior 
Official designated in the SOCAL Range Complex Stranding Communication 
Protocol that a USE involving live animals has been identified and that 
at least one live animal is located in the water. NMFS and Navy shall 
communicate, as needed, regarding the identification of the USE and the 
potential need to implement shutdown procedures.
    (B) Any shutdown in a given area shall remain in effect in that area 
until NMFS advises the Navy that the subject(s) of the USE at that area 
die or are euthanized, or that all live animals involved in the USE at 
that area have left the area (either of their own volition or herded).
    (C) If the Navy finds an injured or dead marine mammal floating at 
sea during an MTE, the Navy shall notify NMFS immediately or as soon as 
operational security considerations allow. The Navy shall provide NMFS 
with species or description of the animal(s), the condition of the 
animal(s) including carcass condition if the animal(s) is/are dead), 
location, time of first discovery, observed behaviors (if alive), and 
photo or video (if available). Based on the information provided, NMFS 
shall determine if, and advise the Navy whether a modified shutdown is 
appropriate on a case-by-case basis.
    (D) In the event, following a USE, that: (a) Qualified individuals 
are attempting to herd animals back out to the open ocean and animals 
are not willing to leave, or (b) animals are seen repeatedly heading for 
the open ocean but turning back to shore, NMFS and the Navy shall 
coordinate (including an investigation of other potential anthropogenic 
stressors in the area) to determine if the proximity of MFAS/HFAS 
activities or explosive detonations, though farther than 14 nm from the 
distressed animal(s), is likely decreasing the likelihood that the 
animals return to the open water. If so, NMFS and the Navy shall further 
coordinate to determine what measures are necessary to further minimize 
that likelihood and implement those measures as appropriate.
    (ii) Within 72 hours of NMFS notifying the Navy of the presence of a 
USE, the Navy shall provide available information to NMFS (per the SOCAL 
Range Complex Communication Protocol) regarding the location, number and 
types of acoustic/explosive sources, direction and speed of units using 
MFAS/HFAS, and marine mammal sightings information associated with 
training activities occurring within 80 nm (148 km) and 72 hours prior 
to the USE event. Information not initially available regarding the 80 
nm (148 km), 72 hours, period prior to the event shall be provided as 
soon as it becomes available. The Navy shall provide NMFS investigative 
teams with additional relevant unclassified information as requested, if 
available.
    (iii) Memorandum of Agreement (MOA)--The Navy and NMFS shall develop 
a MOA, or other mechanism consistent with federal fiscal law 
requirements (and all other applicable laws), that will establish a 
framework whereby the Navy can (and provide the Navy examples of how 
they can best) assist NMFS with stranding investigations in certain 
circumstances.



Sec. 216.275  Requirements for monitoring and reporting.

    (a) As outlined in the SOCAL Range Complex Stranding Communication 
Plan, the Navy must notify NMFS immediately (or as soon as clearance 
procedures allow) if the specified activity identified in Sec. 
216.270(c) is thought to have resulted in the mortality or injury of any 
marine mammals, or in any take of marine mammals not identified in Sec. 
216.272(c).
    (b) The Navy must conduct all monitoring and required reporting 
under the Letter of Authorization, including abiding by the SOCAL Range 
Complex Monitoring Plan.
    (c) The Navy shall complete an Integrated Comprehensive Monitoring 
Plan (ICMP) in 2009. This planning and adaptive management tool shall 
include:
    (1) A method for prioritizing monitoring projects that clearly 
describes the characteristics of a proposal that factor into its 
priority.
    (2) A method for annually reviewing, with NMFS, monitoring results, 
Navy

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R&D, and current science to use for potential modification of mitigation 
or monitoring methods.
    (3) A detailed description of the Monitoring Workshop to be convened 
in 2011 and how and when Navy/NMFS will subsequently utilize the 
findings of the Monitoring Workshop to potentially modify subsequent 
monitoring and mitigation.
    (4) An adaptive management plan.
    (5) A method for standardizing data collection across Range 
Complexes.
    (d) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy training exercise utilizing MFAS, HFAS, or 
underwater explosive detonations. The Navy shall provide NMFS with 
species or description of the animal(s), the condition of the animal(s) 
(including carcass condition if the animal is dead), location, time of 
first discovery, observed behaviors (if alive), and photo or video (if 
available). The Navy shall consult the Stranding Response Plan to obtain 
more specific reporting requirements for specific circumstances.
    (e) Annual SOCAL Range Complex Monitoring Plan Report--The Navy 
shall submit a report annually on October 1 describing the 
implementation and results (through August 1 of the same year) of the 
SOCAL Range Complex Monitoring Plan. Data collection methods will be 
standardized across range complexes to allow for comparison in different 
geographic locations. Although additional information will also be 
gathered, the marine mammal observers (MMOs) collecting marine mammal 
data pursuant to the SOCAL Range Complex Monitoring Plan shall, at a 
minimum, provide the same marine mammal observation data required in the 
data required in Sec. 216.275(f)(1). The SOCAL Range Complex Monitoring 
Plan Report may be provided to NMFS within a larger report that includes 
the required Monitoring Plan Reports from multiple Range Complexes.
    (f) Annual SOCAL Range Complex Exercise Report--The Navy shall 
submit an Annual SOCAL Range Complex Exercise Report on October 1 of 
every year (covering data gathered through August 1 of the same year). 
This report shall contain information identified in Sec. 216.275(f)(1) 
through (5).
    (1) MFAS/HFAS Major Training Exercises--This section shall contain 
the following information for Integrated, Coordinated, and Major 
Training Exercises (MTEs), which include Ship ASW Readiness and 
Evaluation Measuring (SHAREM), Sustainment Exercises, Integrated ASW 
Course Phase II (IAC2), Composite Training Unit Exercises (COMPTUEX), 
and Joint Task Force Exercises (JTFEX) conducted in the SOCAL Range 
Complex:
(i) Exercise Information (for each MTE):
    (A) Exercise designator
    (B) Date that exercise began and ended
    (C) Location
    (D) Number and types of active sources used in the exercise
    (E) Number and types of passive acoustic sources used in exercise
    (F) Number and types of vessels, aircraft, etc., participating in 
exercise
    (G) Total hours of observation by watchstanders
    (H) Total hours of all active sonar source operation
    (I) Total hours of each active sonar source (along with explanation 
of how hours are calculated for sources typically quantified in 
alternate way (buoys, torpedoes, etc.)).
    (J) Wave height (high, low, and average during exercise)
(ii) Individual marine mammal sighting info (for each sighting in each 
MTE)
    (A) Location of sighting
    (B) Species (if not possible--indication of whale/dolphin/pinniped)
    (C) Number of individuals
    (D) Calves observed (y/n)
    (E) Initial Detection Sensor
    (F) Indication of specific type of platform observation made from 
(including, for example, what type of surface vessel, i.e., FFG, DDG, or 
CG)

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    (G) Length of time observers maintained visual contact with marine 
mammal
    (H) Wave height (in feet)
    (I) Visibility
    (J) Sonar source in use (y/n).
    (K) Indication of whether animal is < 200 yd, 200-500 yd, 500-1000 
yd, 1000-2000 yd, or  2000 yd from sonar source in paragraph 
(f)(1)(ii)(J) of this section.
    (L) Mitigation Implementation--Whether operation of sonar sensor was 
delayed, or sonar was powered or shut down, and how long the delay was.
    (M) If source in use (i.e., in paragraph (f)(1)(ii)(J) of this 
section) is hull-mounted, true bearing of animal from ship, true 
direction of ship's travel, and estimation of animal's motion relative 
to ship (opening, closing, parallel)
    (N) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animals (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming, etc.)
(iii) An evaluation (based on data gathered during all of the MTEs) of 
the effectiveness of mitigation measures designed to avoid exposing 
marine mammals to mid-frequency sonar. This evaluation shall identify 
the specific observations that support any conclusions the Navy reaches 
about the effectiveness of the mitigation.
    (2) ASW Summary--This section shall include the following 
information as summarized from both MTEs and non-major training 
exercises (unit-level exercises, such as TRACKEXs):
    (i) Total annual hours of each type of sonar source (along with 
explanation of how hours are calculated for sources typically quantified 
in alternate way (buoys, torpedoes, etc.))
    (ii) Cumulative Impact Report--To the extent practicable, the Navy, 
in coordination with NMFS, shall develop and implement a method of 
annually reporting non-major (i.e., other than MTEs) training exercises 
utilizing hull-mounted sonar. The report shall present an annual (and 
seasonal, where practicable) depiction of non-major training exercises 
geographically across the SOCAL Range Complex. The Navy shall include 
(in the SOCAL Range Complex annual report) a brief annual progress 
update on the status of the development of an effective and unclassified 
method to report this information until an agreed-upon (with NMFS) 
method has been developed and implemented.
    (3) SINKEXs--This section shall include the following information 
for each SINKEX completed that year:
(i) Exercise information (gathered for each SINKEX):
    (A) Location
    (B) Date and time exercise began and ended
    (C) Total hours of observation by watchstanders before, during, and 
after exercise
    (D) Total number and types of rounds expended / explosives detonated
    (E) Number and types of passive acoustic sources used in exercise
    (F) Total hours of passive acoustic search time
    (G) Number and types of vessels, aircraft, etc., participating in 
exercise
    (H) Wave height in feet (high, low and average during exercise)
    (I) Narrative description of sensors and platforms utilized for 
marine mammal detection and timeline illustrating how marine mammal 
detection was conducted
(ii) Individual marine mammal observation (by Navy lookouts) information 
(gathered for each marine mammal sighting)
    (A) Location of sighting
    (B) Species (if not possible, indicate whale, dolphin or pinniped)
    (C) Number of individuals
    (D) Whether calves were observed
    (E) Initial detection sensor
    (F) Length of time observers maintained visual contact with marine 
mammal
    (G) Wave height
    (H) Visibility
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after
    (J) Distance of marine mammal from actual detonations (or target 
spot

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if not yet detonated)--use four categories to define distance:
    (1) The modeled injury threshold radius for the largest explosive 
used in that exercise type in that OPAREA (738 m for SINKEX in the SOCAL 
Range Complex);
    (2) The required exclusion zone (1 nm for SINKEX in the SOCAL Range 
Complex);
    (3) The required observation distance (if different than the 
exclusion zone (2 nm for SINKEX in the SOCAL Range Complex); and
    (4) Greater than the required observed distance. For example, in 
this case, the observer would indicate if < 738 m, from 738 m to 1 nm, 
from 1 nm to 2 nm, and  2 nm.
    (K) Observed behavior--Watchstanders will report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animal(s) (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction.
    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long.
    (M) If observation occurs while explosives are detonating in the 
water, indicate munition type in use at time of marine mammal detection.
    (4) IEER Summary--This section shall include an annual summary of 
the following IEER information:
    (i) Total number of IEER events conducted in the SOCAL Range Complex
    (ii) Total expended/detonated rounds (buoys)
    (iii) Total number of self-scuttled IEER rounds
    (5) Explosives Summary--To the extent practicable, the Navy will 
provide the information described below for all of their explosive 
exercises. Until the Navy is able to report in full the information 
below, they will provide an annual update on the Navy's explosive 
tracking methods, including improvements from the previous year.
    (i) Total annual number of each type of explosive exercises (of 
those identified as part of the ``specified activity'' in this final 
rule) conducted in the SOCAL Range Complex.
    (ii) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (g) Sonar Exercise Notification--The Navy shall submit to the NMFS 
Office of Protected Resources (specific contact information to be 
provided in LOA) either an electronic (preferably) or verbal report 
within fifteen calendar days after the completion of any MTE 
(Sustainment, IAC2, SHAREM, COMPTUEX, or JTFEX) indicating:
    (1) Location of the exercise
    (2) Beginning and end dates of the exercise
    (3) Type of exercise (e.g., SHAREM, JTFEX, etc.)
    (h) SOCAL Range Complex 5-yr Comprehensive Report--The Navy shall 
submit to NMFS a draft report that analyzes and summarizes all of the 
multi-year marine mammal information gathered during ASW and explosive 
exercises for which annual reports are required (Annual SOCAL Range 
Complex Exercise Reports and SOCAL Range Complex Monitoring Plan 
Reports). This report will be submitted at the end of the fourth year of 
the rule (November 2012), covering activities that have occurred through 
June 1, 2012
    (i) Comprehensive National ASW Report--By June, 2014, the Navy shall 
submit a draft National Report that analyzes, compares, and summarizes 
the active sonar data gathered (through January 1, 2014) from the 
watchstanders and pursuant to the implementation of the Monitoring Plans 
for the SOCAL Range Complex, the Atlantic Fleet Active Sonar Training, 
the HRC, the Marianas Range Complex, the Northwest Training Range, the 
Gulf of Alaska, and the East Coast Undersea Warfare Training Range.
    (j) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the SOCAL Range Complex

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Comprehensive Report, the Comprehensive National ASW report, the Annual 
SOCAL Range Complex Exercise Report, or the Annual SOCAL Range Complex 
Monitoring Plan Report (or the multi-Range Complex Annual Monitoring 
Plan Report, if that is how the Navy chooses to submit the information) 
if submitted within 3 months of receipt. These reports will be 
considered final after the Navy has addressed NMFS' comments or provided 
the requested information, or three months after the submittal of the 
draft if NMFS does not comment by then.
    (k) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.



Sec. 216.276  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to the regulations in 
this subpart, the U.S. citizen (as defined by Sec. 216.103) conducting 
the activity identified in Sec. 216.270(c) (the U.S. Navy) must apply 
for and obtain either an initial Letter of Authorization in accordance 
with Sec. 216.277 or a renewal under Sec. 216.278.



Sec. 216.277  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 216.278.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 216.278  Renewal of Letters of Authorization and Adaptive Management.

    (a) A Letter of Authorization issued under Sec. 216.106 and Sec. 
216.277 for the activity identified in Sec. 216.270(c) will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 216.276 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt (by the dates indicated in these regulations) of 
the monitoring reports required under Sec. 216.275(c) through (j); and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 216.274 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 216.277, were 
undertaken and will be undertaken during the upcoming annual period of 
validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.278 indicates that a substantial 
modification, as determined by NMFS, to the described work, mitigation 
or monitoring undertaken during the upcoming season will occur, the NMFS 
will provide the public a period of 30 days for review and comment on 
the request. Review and comment on renewals of Letters of Authorization 
are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.

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    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from the SOCAL Range Complex or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 216.275(l)).
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the ICMP (Sec. 216.275(d)).
    (4) Results from specific stranding investigations (either from the 
SOCAL Range Complex or other locations, and involving coincident MFAS/
HFAS or explosives training or not involving coincident use).
    (5) Results from the Long Term Prospective Study described in the 
preamble to these regulations.
    (6) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).



Sec. 216.279  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 216.277 and subject to the provisions of this subpart shall be made 
until after notification and an opportunity for public comment has been 
provided. For purposes of this paragraph, a renewal of a Letter of 
Authorization under Sec. 216.278, without modification (except for the 
period of validity), is not considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 216.272(c), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 216.277 may be 
substantively modified without prior notification and an opportunity for 
public comment. Notification will be published in the Federal Register 
within 30 days subsequent to the action.



PART 217_REGULATIONS GOVERNING THE TAKE OF MARINE MAMMALS INCIDENTAL
TO SPECIFIED ACTIVITIES--Table of Contents



Subparts A-G [Reserved]

   Subpart H_Taking of Marine Mammals Incidental to Space Vehicle and 
            Missile Launches at Kodiak Launch Complex, Alaska

217.70 Specified activity and specified geographical region.
217.71 Effective dates.
217.72 Permissible methods of taking.
217.73 Prohibitions.
217.74 Mitigation.
217.75 Requirements for monitoring and reporting.
217.76 Letter of Authorization.
217.77 Renewal of a Letter of Authorization and adaptive management.
217.78 Modifications to a Letter of Authorization.

Subparts I-Q [Reserved]

     Subpart R_Taking of Marine Mammals Incidental to Operation and 
     Maintenance of the Neptune Liquefied Natural Gas Facility Off 
                              Massachusetts

217.170 Specified activity and specified geographical region.
217.171 Effective dates.
217.172 Permissible methods of taking.
217.173 Prohibitions.
217.174 Mitigation.
217.175 Requirements for monitoring and reporting.
217.176 Applications for Letters of Authorization.
217.177 Letters of Authorization.
217.178 Renewal of Letters of Authorization and adaptive management.
217.179 Modifications of Letters of Authorization.

[[Page 138]]

Subparts S-T [Reserved]

 Subpart U_Taking Of Marine Mammals Incidental To The Port of Anchorage 
                  Marine Terminal Redevelopment Project

Sec.
217.200 Specified activities and specified geographical region.
217.201 Effective dates.
217.202 Permissible methods of taking.
217.203 Prohibitions.
217.204 Mitigation.
217.205 Requirements for monitoring and reporting.
217.206 Applications for Letters of Authorization.
217.207 Letters of Authorization.
217.208 Renewal of Letters of Authorization.
217.209 Modifications of Letters of Authorization.

    Authority: 16 U.S.C. 1361 et seq., unless otherwise noted.

    Source: 74 FR 35143, July 20, 2009, unless otherwise noted.

Subparts A-G [Reserved]



   Subpart H_Taking of Marine Mammals Incidental to Space Vehicle and 
            Missile Launches at Kodiak Launch Complex, Alaska

    Source: 76 FR 16318, Mar. 23, 2011, unless otherwise noted.

    Effective Date Note: At 76 FR 16318, Mar. 23, 2011, subpart H was 
added, effective Mar. 22, 2011 to Mar. 22, 2016.



Sec. 217.70  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to the incidental taking 
of marine mammals specified in paragraph (b) of this section by U.S. 
citizens engaged in space vehicle and missile launch activities at the 
Kodiak Launch Complex on Kodiak Island, Alaska.
    (b) The incidental take of marine mammals under the activity 
identified in paragraph (a) of this section is limited to 32 juvenile 
and adult Steller sea lions (Eumetopius jubatus), 1,125 Pacific harbor 
seals (Phoca vitulina) of all ages, and 17 harbor seal pups.



Sec. 217.71  Effective dates.

    Regulations in this subpart are effective from March 22, 2011 
through March 22, 2016.



Sec. 217.72  Permissible methods of taking.

    (a) Under a Letter of Authorization issued pursuant to Sec. 216.106 
of this chapter, the Alaska Aerospace Corporation and its contractors 
may incidentally, but not intentionally, take Steller sea lions and 
Pacific harbor seals by Level B harassment and harbor seal pups by Level 
A harassment or mortality in the course of conducting space vehicle and 
missile launch activities within the area described in Sec. 217.70(a), 
provided all terms, conditions, and requirements of these regulations 
and such Letter of Authorization are complied with.
    (b) The activities identified in Sec. 217.70(a) must be conducted 
in a manner that minimizes, to the greatest extent practicable, adverse 
impacts on marine mammals and their habitat.



Sec. 217.73  Prohibitions.

    The following activities are prohibited:
    (a) The taking of a marine mammal that is other than unintentional.
    (b) The violation of, or failure to comply with, the terms, 
conditions, and requirements of this subpart or a Letter of 
Authorization issued under Sec. 216.106 of this chapter.
    (c) The incidental taking of any marine mammal of a species not 
specified, or in a manner not authorized, in this subpart.



Sec. 217.74  Mitigation.

    (a) The activity identified in Sec. 217.70(a) must be conducted in 
a manner that minimizes, to the greatest extent practicable, adverse 
impacts on marine mammals and their habitats. When conducting operations 
identified in Sec. 217.70(a), the mitigation measures contained in the 
Letter of Authorization issued under Sec. Sec. 216.106 of this chapter 
and 217.76 must be implemented. These mitigation measures include (but 
are not limited to):
    (1) Security overflights by helicopter associated with a launch will 
not approach occupied pinniped haulouts on Ugak Island by closer than 
0.25 mile

[[Page 139]]

(0.4 km), and will maintain a vertical distance of 1000 ft (305 m) from 
the haulouts when within 0.5 miles (0.8 km), unless indications of human 
presence or activity warrant closer inspection of the area to assure 
that national security interests are protected in accordance with law;
    (2) For missile and rocket launches, holders of Letters of 
Authorization must avoid launches during the harbor seal pupping season 
of May 15 through June 30, except when launches are necessary for the 
following purposes: human safety, national security, space vehicle 
launch trajectory necessary to meet mission objectives, or other 
purposes related to missile or rocket launches.
    (3) All flights by fixed-wing aircraft associated with the marine 
mammal abundance quarterly surveys must maintain a minimum altitude of 
500 ft (152 m) and remain 0.25 miles from recognized seal haulouts.
    (4) If launch monitoring or quarterly aerial surveys indicate that 
the distribution, size, or productivity of the potentially affected 
pinniped populations has been affected due to the specified activity, 
the launch procedures and the monitoring methods will be reviewed, in 
cooperation with NMFS, and, if necessary, appropriate changes may be 
made through modifications to a given LOA, prior to conducting the next 
launch of the same vehicle under that LOA.
    (5) Additional mitigation measures as contained in a Letter of 
Authorization.
    (b) [Reserved]



Sec. 217.75  Requirements for monitoring and reporting.

    (a) Holders of Letters of Authorization issued pursuant to 
Sec. Sec. 216.106 of this chapter and 217.76 for activities described 
in Sec. 217.70(a) are required to cooperate with NMFS, and any other 
Federal, State, or local agency with authority to monitor the impacts of 
the activity on marine mammals. Unless specified otherwise in the Letter 
of Authorization, the Holder of the Letter of Authorization must notify 
the Administrator, Alaska Region, NMFS, by letter, e-mail or telephone, 
prior to each launch. If the authorized activity identified in Sec. 
217.70(a) is thought to have resulted in the take of marine mammals not 
identified in Sec. 217.70(b), then the Holder of the Letter of 
Authorization must notify the Director, Office of Protected Resources, 
NMFS, or designee, by telephone (301-713-2289), within 48 hours of the 
discovery of the take.
    (b) Holders of Letters of Authorization must designate qualified 
protected species observers, approved in advance by NMFS, as specified 
in the Letter of Authorization, to:
    (1) Deploy for AAC a remote camera system designed to detect 
pinniped responses to rocket launches for at least the first five 
launches conducted under these regulations. AAC will conduct visual 
monitoring for at least 2 hours before, during, and 2 hours after 
launch;
    (2) Ensure a remote camera system will be in place and operating in 
a location which allows visual monitoring of a harbor seal rookery, if a 
launch during the harbor seal pupping season cannot be avoided;
    (3) Relocate the camera system to or re-aim the camera system on 
another haulout to be chosen in cooperation with NMFS after the first 
five launches with harbor seals present;
    (4) Review and log pinniped presence, behavior, and re-occupation 
time data from the visual footage obtained from the remote camera system 
and report results to NMFS within 90 days post launch;
    (5) Obtain, whenever a new class of rocket is flown from the Kodiak 
Launch Complex, a real-time sound pressure and sound exposure record for 
documentation purposes and to correlate with the behavioral response 
record. Two monitors shall be used: one shall be placed at the 
established recording location known as Narrow Cape, and the other as 
close as practical to the remote video system;
    (6) Conduct quarterly aerial surveys, ideally during midday 
coinciding with low tide, to obtain data on pinniped presence, 
abundance, and behavior within the action area to determine long-term 
trends in pinniped haulout use. Results of these quarterly surveys will 
be reported once as part of the year-end summary report that will 
accompany the request for a new LOA.

[[Page 140]]

    (c) Holders of Letters of Authorization must conduct additional 
monitoring as required under an annual Letter of Authorization.
    (d) Holders of Letters of Authorization must submit a report to the 
Alaska Region Administrator, NMFS, within 90 days after each launch. 
This report must contain the following information:
    (1) Date(s) and time(s) of the launch;
    (2) Location of camera system and acoustic recorders (if used);
    (3) Design of the monitoring program and a description of how data 
is stored and analyzed; and
    (4) Results of the monitoring program, including, but not 
necessarily limited to:
    (i) Numbers of pinnipeds, by species and age class (if possible), 
present on the haulout prior to commencement of the launch;
    (ii) Numbers of pinnipeds, by species and age class (if possible), 
that may have been harassed, including the number that entered the water 
as a result of launch noise;
    (iii) The length of time pinnipeds remained off the haulout during 
post-launch monitoring;
    (iv) Number of harbor seal pups that may have been injured or killed 
as a result of the launch; and
    (v) Other behavioral modifications by pinnipeds that were likely the 
result of launch noise.
    (5) Results of sound pressure and sound exposure level monitoring 
will be reported in flat weighted, A-weighted, and peak measurements.
    (e) An annual report must be submitted at the time of request for a 
renewal of the Letter of Authorization; it will include results of the 
aerial quarterly trend counts of pinnipeds at Ugak Island.
    (f) A final report must be submitted at least 90 days prior to 
expiration of these regulations if new regulations are sought or 180 
days after expiration of regulations. This report will:
    (1) Summarize the activities undertaken and the results reported in 
all previous reports;
    (2) Assess the impacts of launch activities on pinnipeds within the 
action area, including potential for pup injury and mortality; and
    (3) Assess the cumulative impacts on pinnipeds and other marine 
mammals from multiple rocket launches.



Sec. 217.76  Letter of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time specified in the Letter of Authorization, but 
a Letter of Authorization may not be valid beyond the effective period 
of the regulations.
    (b) A Letter of Authorization with a period of validity less than 
the effective period of the regulations in this subpart may be renewed 
subject to renewal conditions in Sec. 217.76.
    (c) A Letter of Authorization will set forth:
    (1) The number of marine mammals, by species and age class, 
authorized to be taken;
    (2) Permissible methods of incidental taking;
    (3) Specified geographical region;
    (4) Means of effecting the least practicable adverse impact on the 
species of marine mammals authorized for taking and its habitat; and
    (5) Requirements for monitoring and reporting incidental takes.
    (d) Issuance of a Letter of Authorization will be based on a 
determination that the total taking by the activity as a whole will have 
no more than a negligible impact on the affected species or stocks of 
marine mammal(s).
    (e) Notice of issuance or denial of a Letter of Authorization will 
be published in the Federal Register within 30 days of a determination.



Sec. 217.77  Renewal of a Letter of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. 216.106 of this 
chapter and Sec. 217.76 for the activity identified in Sec. 217.70(a) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application for a Letter of Authorization submitted under Sec. 217.76 
will be undertaken and that there will not be a substantial modification 
to the described activity, mitigation, or monitoring undertaken during 
the upcoming season;
    (2) Timely receipt of and acceptance by NMFS of the monitoring 
reports required under Sec. 217.75;

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    (3) A determination by NMFS that the mitigation, monitoring, and 
reporting measures required under Sec. Sec. 217.74 and 217.75 and the 
Letter of Authorization were undertaken and will be undertaken during 
the upcoming period of validity of a renewed Letter of Authorization; 
and
    (4) A determination that the number of marine mammals taken by the 
activity will have no more than a negligible impact on the affected 
species or stocks of marine mammal(s), and that the level of taking will 
be consistent with the findings made for the total taking allowable 
under these regulations.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.128 of this chapter indicates that a 
substantial modification to the described work, mitigation, or 
monitoring undertaken during the upcoming season will occur, NMFS will 
provide the public a period of 30 days to review and comment on the 
request. Review and comment on renewals of Letters of Authorization are 
restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration; and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register within 30 days 
of a determination.
    (d) NMFS, in response to new information and in consultation with 
the AAC, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation or monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the AAC's monitoring from the previous year.
    (2) Results from general marine mammal and sound research.



Sec. 217.78  Modifications to a Letter of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to a 
Letter of Authorization issued pursuant to the provisions of this 
subpart shall be made by NMFS until after notification and an 
opportunity for public comment has been provided. A renewal of a Letter 
of Authorization under Sec. 217.77 without modification is not 
considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 217.70(b), a Letter of 
Authorization may be substantively modified without prior notification 
and an opportunity for public comment. Notification will be published in 
the Federal Register within 30 days subsequent to the action.

Subparts I-Q [Reserved]



     Subpart R_Taking of Marine Mammals Incidental to Operation and 
     Maintenance of the Neptune Liquefied Natural Gas Facility Off 
                              Massachusetts

    Source: 76 FR 34172, June 13, 2011, unless otherwise noted.

    Effective Date Note: At 76 FR 34172, June 13, 2011, subpart R was 
added, effective July 11, 2011 through July 10, 2016.



Sec. 217.170  Specified activity and specified geographical region.

    (a) Regulations in this subpart apply only to Neptune LNG LLC 
(Neptune) and those persons it authorizes to conduct activities on its 
behalf for the taking of marine mammals that occurs in the area outlined 
in paragraph (b) of this section and that occur incidental to 
commissioning and operation, including maintenance and repair 
activities, at the Neptune Deepwater Port (Port).
    (b) The taking of marine mammals by Neptune may be authorized in a 
Letter of Authorization only if it occurs at the Neptune Deepwater Port

[[Page 142]]

within Outer Continental Shelf blocks NK 19-04 6525 and NK 19-04 6575, 
which are located at approximately 42[deg]28[min]09[sec] N. lat and 
70[deg]36[min]22[sec] W. long.



Sec. 217.171  Effective dates.

    Regulations in this subpart are effective from July 11, 2011, 
through July 10, 2016.

[76 FR 35996, June 21, 2011]



Sec. 217.172  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 217.177 of this chapter, the Holder of the Letter of 
Authorization (hereinafter ``Neptune'') may incidentally, but not 
intentionally, take marine mammals within the area described in Sec. 
217.170(b), provided the activity is in compliance with all terms, 
conditions, and requirements of the regulations in this subpart and the 
appropriate Letter of Authorization.
    (b) The incidental take of marine mammals under the activities 
identified in Sec. 217.170(a) is limited to the following species and 
is limited to Level B Harassment:
    (1) Mysticetes:
    (i) North Atlantic right whale (Eubalaena glacialis)--120 (an 
average of 24 annually).
    (ii) Fin whale (Balaenoptera physalus)--145 (an average of 29 
annually).
    (iii) Humpback whale (Megaptera novaeangliae)--390 (an average of 78 
annually).
    (iv) Minke whale (Balaenoptera acutorostrata)--90 (an average of 18 
annually).
    (v) Sei whale (Balaenoptera borealis)--60 (an average of 12 
annually).
    (2) Odontocetes:
    (i) Long-finned pilot whale (Globicephala melas)--595 (an average of 
119 annually).
    (ii) Atlantic white-sided dolphin (Lagenorhynchus acutus)--1,935 (an 
average of 387 annually).
    (iii) Bottlenose dolphin (Tursiops truncatus)--50 (an average of 10 
annually).
    (iv) Common dolphin (Delphinus delphis)--100 (an average of 20 
annually).
    (v) Risso's dolphin (Grampus griseus)--100 (an average of 20 
annually).
    (vi) Killer whale (Orcinus orca)--100 (an average of 20 annually).
    (vii) Harbor porpoise (Phocoena phocoena)--25 (an average of 5 
annually).
    (3) Pinnipeds:
    (i) Harbor seal (Phoca vitulina)--75 (an average of 15 annually).
    (ii) Gray seal (Halichoerus grypus)--75 (an average of 15 annually).



Sec. 217.173  Prohibitions.

    Notwithstanding takings contemplated in Sec. 217.170 and authorized 
by a Letter of Authorization issued under Sec. Sec. 216.106 and 217.177 
of this chapter, no person in connection with the activities described 
in Sec. 217.170 may:
    (a) Take any marine mammal not specified in Sec. 217.172(b);
    (b) Take any marine mammal specified in Sec. 217.172(b) other than 
by incidental, unintentional Level B Harassment;
    (c) Take a marine mammal specified in Sec. 217.172(b) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a Letter of Authorization issued under 
Sec. Sec. 216.106 and 217.177 of this chapter.



Sec. 217.174  Mitigation.

    (a) When conducting the activities identified in Sec. 217.170(a), 
the mitigation measures contained in the Letter of Authorization issued 
under Sec. Sec. 216.106 and 217.177 must be implemented. These 
mitigation measures include but are not limited to:
    (1) Major Repairs (May 1-November 30):
    (i) During repairs, if a marine mammal is detected within 0.6 mi (1 
km) of the repair vessel (or acoustically), the vessel superintendent or 
on-deck supervisor shall be notified immediately. The vessel's crew will 
be put on a heightened state of alert. The marine mammal will be 
monitored constantly to determine if it is moving toward the repair 
area.
    (ii) Repair vessels shall cease any movement in the area if a marine 
mammal other than a right whale is

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sighted within or approaching to a distance of 100 yd (91 m) from the 
operating repair vessel. Repair vessels shall cease any movement in the 
construction area if a right whale is sighted within or approaching to a 
distance of 500 yd (457 m) from the operating vessel. Vessels transiting 
the repair area, such as pipe haul barge tugs, shall also be required to 
maintain these separation distances.
    (iii) Repair vessels shall cease all sound emitting activities if a 
marine mammal other than a right whale is sighted within or approaching 
to a distance of 100 yd (91 m) or if a right whale is sighted within or 
approaching to a distance of 500 yd (457 m), from the operating repair 
vessel. The back-calculated source level, based on the most conservative 
cylindrical model of acoustic energy spreading, is estimated to be 139 
dB re 1 [micro]Pa.
    (iv) Repair activities may resume after the marine mammal is 
positively reconfirmed outside the established zones (either 500 yd (457 
m) or 100 yd (91 m), depending upon species) or if the marine mammal has 
not been re-sighted in the established zones for 30 minutes.
    (v) While under way, all repair vessels shall remain 500 yd (457 m) 
away from right whales and 100 yd (91 m) away from all other marine 
mammals, unless constrained by human safety concerns or navigational 
constraints.
    (vi) All repair vessels 300 gross tons or greater must maintain a 
speed of 10 knots (18.5 km/hr) or less. Vessels less than 300 gross tons 
carrying supplies or crew between the shore and the repair site must 
contact the Mandatory Ship Reporting System, the U.S. Coast Guard 
(USCG), or the protected species observers (PSOs) at the repair site 
before leaving shore for reports of recent right whale sightings or 
active Dynamic Management Areas (DMAs) and, consistent with navigation 
safety, restrict speeds to 10 knots (18.5 km/hr) or less within 5 mi (8 
km) of any recent sighting location and within any existing DMA.
    (vii) Vessels transiting through the Cape Cod Canal and Cape Cod Bay 
(CCB) between January 1 and May 15 must reduce speeds to 10 knots (18.5 
km/hr) or less, follow the recommended routes charted by NOAA to reduce 
interactions between right whales and shipping traffic, and avoid 
aggregations of right whales in the eastern portion of CCB.
    (2) Major Repairs (December 1-April 30): If unplanned/emergency 
repair activities cannot be conducted between May 1 and November 30, 
then Neptune shall implement the following mitigation measures in 
addition to those listed in Sec. 217.174(a)(1)(i) through (vii):
    (i) If on-board PSOs do not have at least 0.6-mi (1-km) visibility, 
they shall call for a shutdown of repair activities. If dive operations 
are in progress, then they shall be halted and divers brought on board 
until visibility is adequate to see a 0.6-mi (1-km) range. At the time 
of shutdown, the use of thrusters must be minimized to the lowest level 
needed to maintain personnel safety. If there are potential safety 
problems due to the shutdown, the captain must decide what operations 
can safely be shut down and shall document such activities in the data 
log.
    (ii) Prior to leaving the dock to begin transit, the barge must 
contact one of the PSOs on watch to receive an update of sightings 
within the visual observation area. If the PSO has observed a North 
Atlantic right whale within 30 minutes of the transit start, the vessel 
shall hold for 30 minutes and again seek clearance to leave from the 
PSOs on board. PSOs will assess whale activity and visual observation 
ability at the time of the transit request to clear the barge for 
release and will grant clearance if no North Atlantic right whales have 
been sighted in the last 30 minutes in the visual observation area.
    (iii) Neptune or its contractor shall provide a half-day training 
course to designated crew members assigned to the transit barges and 
other support vessels who will have responsibilities for watching for 
marine mammals. This course shall cover topics including, but not 
limited to, descriptions of the marine mammals found in the area, 
mitigation and monitoring requirements contained in the Letter of 
Authorization, sighting log requirements, and procedures for reporting 
injured or dead marine mammals. These designated crew members shall be 
required to keep watch on the bridge and

[[Page 144]]

immediately notify the navigator of any whale sightings. All watch crew 
members shall sign into a bridge log book upon start and end of watch. 
Transit route, destination, sea conditions, and any protected species 
sightings/mitigation actions during watch shall be recorded in the log 
book. Any whale sightings within 3,281 ft (1,000 m) of the vessel shall 
result in a high alert and slow speed of 4 knots (7.4 km/hr) or less. A 
sighting within 2,461 ft (750 m) shall result in idle speed and/or 
ceasing all movement.
    (iv) The material barges and tugs used for repair work shall transit 
from the operations dock to the work sites during daylight hours, when 
possible, provided the safety of the vessels is not compromised. Should 
transit at night be required, the maximum speed of the tug shall be 5 
knots (9.3 km/hr).
    (v) Consistent with navigation safety, all repair vessels must 
maintain a speed of 10 knots (18.5 km/hr) or less during daylight hours. 
All vessels shall operate at 5 knots (9.3 km/hr) or less at all times 
within 3.1 mi (5 km) of the repair area.
    (3) Speed Restrictions in Seasonal Management Areas (SMAs): Repair 
vessels and shuttle regasification vessels (SRVs) shall transit at 10 
knots (18.5 km/hr) or less in the following seasons and areas, which 
either correspond to or are more restrictive than the times and areas in 
NMFS' regulations at 50 CFR 224.105 that implement speed restrictions to 
reduce the likelihood and severity of ship strikes of right whales:
    (i) CCB SMA from January 1 through May 15, which includes all waters 
in CCB, extending to all shorelines of the Bay, with a northern boundary 
of 42[deg] 12[min] N. latitude;
    (ii) Off Race Point SMA year round, which is bounded by straight 
lines connecting the following coordinates in the order stated: 
42[deg]30[min] N. 69[deg]45[min] W.; thence to 42[deg]30[min] N. 
70[deg]30[min] W.; thence to 42[deg]12[min] N. 70[deg]30[min] W.; thence 
to 42[deg]12[min] N. 70[deg]12[min] W.; thence to 42[deg]04[min] 
56.5[sec] N. 70[deg]12[min] W.; thence along mean high water line and 
inshore limits of COLREGS limit to a latitude of 41[deg]40[min] N.; 
thence due east to 41[deg]41[min] N. 69[deg]45[min] W.; thence back to 
starting point; and
    (iii) Great South Channel (GSC) SMA from April 1 through July 31, 
which is bounded by straight lines connecting the following coordinates 
in the order stated:

(A) 42[deg]30[min] N. 69[deg]45[min] W.
(B) 41[deg]40[min] N. 69[deg]45[min] W.
(C) 41[deg]00[min] N. 69[deg]05[min] W.
(D) 42[deg]09[min] N. 67[deg]08[min] 24[sec] W.
(E) 42[deg]30[min] N. 67[deg]27[min] W.
(F) 42[deg]30[min] N. 69[deg]45[min] W.

    (4) Additional Mitigation Measures:
    (i) When approaching and departing from the Neptune Port, SRVs shall 
use the Boston Traffic Separation Scheme (TSS) starting and ending at 
the entrance to the GSC. Upon entering the TSS, the SRV shall go into a 
``heightened awareness'' mode of operation.
    (ii) In the event that a whale is visually observed within 0.6 mi (1 
km) of the Port or a confirmed acoustic detection is reported on either 
of the two auto-detection buoys (ABs) closest to the Port, departing 
SRVs shall delay their departure from the Port, unless extraordinary 
circumstances, defined in the Marine Mammal Detection, Monitoring, and 
Response Plan (the Plan), require that the departure is not delayed. The 
departure delay shall continue until either the observed whale has been 
visually (during daylight hours) confirmed as more than 0.6 mi (1 km) 
from the Port or 30 minutes have passed without another confirmed 
detection either acoustically within the acoustic detection range of the 
two ABs closest to the Port or visually within 0.6 mi (1 km) from 
Neptune.
    (iii) SRVs that are approaching or departing from the Port and are 
within the Area to be Avoided (ATBA) surrounding Neptune shall remain at 
least 0.6 mi (1 km) away from any visually detected right whales and at 
least 100 yd (91 m) away from all other visually detected whales unless 
extraordinary circumstances, as defined in Section 1.2 of the Plan, 
require that the vessel stay its course. The ATBA is defined in 33 CFR 
150.940. It is the largest area of the Port marked on nautical charts, 
and it is enforceable by the USCG in accordance with the 33 CFR 150.900 
regulations. The Vessel Master shall designate at least one lookout to 
be exclusively and continuously monitoring for the presence of marine 
mammals at all times while the SRV is approaching or departing Neptune.

[[Page 145]]

    (iv) Neptune shall ensure that other vessels providing support to 
Port operations during regasification activities that are approaching or 
departing from the Port and are within the ATBA shall be operated so as 
to remain at least 0.6 mi (1 km) away from any visually detected right 
whales and at least 100 yd (91 m) from all other visually detected 
whales.
    (v) PSOs shall direct a moving vessel to slow to idle if a baleen 
whale is seen less than 0.6 mi (1 km) from the vessel.
    (vi) Use of lights during repair or maintenance activities shall be 
limited to areas where work is actually occurring, and all other lights 
must be extinguished. Lights must be downshielded to illuminate the deck 
and shall not intentionally illuminate surrounding waters, so as not to 
attract whales or their prey to the area.
    (vii) Neptune must immediately suspend any repair and maintenance or 
operations activities if a dead or injured marine mammal is found in the 
vicinity of the project area, and the death or injury of the animal 
could be attributable to the Port facility activities. Upon finding a 
dead or injured marine mammal, Neptune must contact NMFS, the Northeast 
Stranding and Disentanglement Program, and the USCG. NMFS will review 
the documentation submitted by the PSO and attempt to attribute a cause 
of death. Activities shall not resume until review and approval has been 
given by NMFS.
    (5) Additional mitigation measures as contained in a Letter of 
Authorization issued under Sec. Sec. 216.106 and 217.177 of this 
chapter.
    (b) [Reserved]



Sec. 217.175  Requirements for monitoring and reporting.

    (a) Visual Monitoring Program:
    (1) Neptune shall employ PSOs during maintenance- and repair-related 
activities on each vessel that has a dynamic positioning system. Two (2) 
PSOs shall be on-duty at all times. All PSOs must receive NMFS-approved 
PSO training and be approved in advance by NMFS after a review of their 
qualifications.
    (2) Qualifications for these PSOs shall include direct field 
experience on a marine mammal observation vessel and/or aerial surveys 
in the Atlantic Ocean/Gulf of Mexico.
    (3) The PSOs (one primary and one secondary) are responsible for 
visually locating marine mammals at the ocean's surface and, to the 
extent possible, identifying the species. The primary PSO shall act as 
the identification specialist, and the secondary PSO shall serve as data 
recorder and also assist with identification. Both PSOs shall have 
responsibility for monitoring for the presence of marine mammals.
    (4) The PSOs shall monitor the maintenance/repair area using the 
naked eye, hand-held binoculars, and/or power binoculars.
    (5) The PSOs shall scan the ocean surface during maintenance- and 
repair-related activities and record all sightings in marine mammal 
field sighting logs. Observations of marine mammals shall be identified 
to the species or the lowest taxonomic level possible, and their 
relative position in relation to the vessel shall be recorded.
    (6) While a SRV is navigating within the designated TSS, three 
people have lookout duties on or near the bridge of the ship including 
the SRV Master, the Officer-of-the-Watch, and the Helmsman on watch.
    (7) In addition to standard watch procedures, while the SRV is 
within the ATBA and/or while actively engaging in the use of thrusters, 
an additional lookout shall be designated to exclusively and 
continuously monitor for marine mammals. Once the SRV is moored and 
regasification activities have begun, the vessel is no longer considered 
in ``heightened awareness'' status.
    (8) At the conclusion of regasification activities, when the SRV is 
prepared to depart from the Port, the Master shall once again ensure 
that the responsibilities as defined in the Plan are carried out. All 
sightings of marine mammals by the designated lookout, individuals 
posted to navigational lookout duties, and/or any other crew member 
while the SRV is within the TSS, in transit to the ATBA, within the 
ATBA, and/or when actively engaging in the use of

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thrusters shall be immediately reported to the Officer-of-the-Watch who 
shall then alert the Master.
    (b) Passive Acoustic Monitoring (PAM) Program:
    (1) Neptune shall work with NMFS, Stellwagen Bank National Marine 
Sanctuary (SBNMS), and other scientists to install and monitor an array 
of passive acoustic detection buoys in the Boston TSS that meets the 
criteria specified in the recommendations developed by NOAA through 
consultation with the USCG under the National Marine Sanctuary Act 
(NMSA). The system shall provide near real-time information on the 
presence of vocalizing whales in the shipping lanes.
    (2) Neptune shall work with NMFS, SBNMS, and other scientists to 
monitor the archival array of acoustic recording units (ARUs), or ``pop-
ups,'' around the Port that meets the criteria specified in the program 
developed by NOAA in consultation with the USCG under the NMSA. The ARUs 
shall remain in place for 5 years following initiation of operations to 
monitor the actual acoustic output of port operations and alert NOAA to 
any unanticipated adverse effects of port operations, such as large-
scale abandonment of the area or greater acoustic impacts than predicted 
through modeling.
    (3) Passive acoustic devices shall be actively monitored for 
detections by a NMFS-approved bioacoustic technician.
    (4) Repair Activity PAM Measures: PAM, in addition to that required 
in this section of these regulations, shall be required, on a case-by-
case basis, during both planned and emergency repair activities in order 
to better detect right whales in the area of repair work and to collect 
additional data on the noise levels produced during repair and 
maintenance activities.
    (i) Neptune shall work with NOAA (NMFS and SBNMS) to evaluate when 
to install and maintain an array of real-time passive acoustic detection 
buoys to provide early warnings for potential occurrence of right whales 
in the vicinity of the repair area. The number of passive acoustic 
detection buoys installed around the activity site, if deemed necessary, 
shall be commensurate with the type and spatial extent of maintenance/
repair work required, but must be sufficient to detect vocalizing right 
whales within the 120-dB impact zone.
    (ii) Neptune shall provide NMFS with empirically measured source 
level data for all sources of noise associated with Port maintenance and 
repair activities. Measurements shall be carefully planned and 
coordinated with noise-producing activities and shall be collected from 
the passive detection network.
    (5) SRV Regasification PAM Measures: Source levels associated with 
dynamic positioning of SRVs at the buoys shall be estimated using 
empirical measurements collected from a platform positioned as close as 
practicable to thrusters while in use.
    (c) Neptune must implement the following reporting requirements:
    (1) Because the Port is within the Mandatory Ship Reporting Area 
(MSRA), all SRVs transiting to and from the Port must report their 
activities to the mandatory reporting section of the USCG to remain 
apprised of North Atlantic right whale movements within the area. All 
vessels entering and exiting the MSRA must report their activities to 
WHALESNORTH. Any North Atlantic right whale sightings must be reported 
to the NMFS Sighting Advisory System.
    (2) Repair work reports. (i) For major repair work associated with 
the pipeline lateral or other port components, Neptune shall notify the 
appropriate NOAA personnel as soon as practicable after it is determined 
that repair work must be conducted.
    (ii) During maintenance and repair of the pipeline lateral or other 
port components, weekly status reports must be provided to NOAA. The 
weekly report must include data collected for each distinct marine 
mammal species observed in the project area during the period of the 
repair activity. The weekly reports shall include the following:
    (A) The location, time, and nature of the pipeline lateral 
activities;
    (B) Whether the dynamic position (DP) system was operated and, if 
so, the number of thrusters used and the time and duration of DP 
operation;

[[Page 147]]

    (C) Marine mammals observed in the area (number, species, age group, 
and initial behavior);
    (D) The distance of observed marine mammals from the repair 
activities;
    (E) Observed marine mammal behaviors during the sighting;
    (F) Whether any mitigation measures were implemented;
    (G) Weather conditions (sea state, wind speed, wind direction, 
ambient temperature, precipitation, and percent cloud cover, etc.);
    (H) Condition of the marine mammal observation (visibility and 
glare); and
    (I) Details of passive acoustic detections and any action taken in 
response to those detections.
    (iii) For all minor repair work, Neptune must notify NOAA regarding 
when and where the repair/maintenance work is to take place along with a 
tentative schedule and description of the work, as soon as practicable 
after it is determined that repair work must be conducted. Vessel crews 
shall record/document any marine mammal sightings during the work 
period.
    (iv) At the conclusion of all minor repair work, Neptune shall 
provide NOAA with a report describing any marine mammal sightings, the 
type of work taking place when the sighting occurred, and any avoidance 
actions taken during the repair/maintenance work.
    (3) Incident reports. During all phases of project repair/
maintenance activities and operation, sightings of any injured or dead 
marine mammals must be reported immediately to the Chief, Permits, 
Conservation and Education Division or staff member and the Northeast 
Stranding and Disentanglement Program, regardless of whether the injury 
or death is caused by project activities. If the injury or death was 
caused by a project vessel (e.g., SRV, support vessel, or construction 
vessel), the USCG must be notified immediately, and a full report must 
be provided to NMFS. Activities will not resume until review and 
approval has been given by NMFS. The report must include the following 
information:
    (i) Time, date, and location (latitude/longitude) of the incident;
    (ii) The name and type of vessel involved;
    (iii) The vessel's speed during the incident;
    (iv) Description of the incident;
    (v) Water depth;
    (vi) Environmental conditions (e.g., wind speed and direction, sea 
state, cloud cover, and visibility);
    (vii) Species identification or description of the animal;
    (viii) The fate of the animal; and
    (ix) Photographs or video footage of the animal (if equipment is 
available).
    (4) Annual reports. (i) An annual report on marine mammal monitoring 
and mitigation shall be submitted to NMFS, Office of Protected 
Resources, and NMFS, Northeast Regional Office (specific contact 
information to be provided in Letter of Authorization), on August 1 of 
each year. The annual report shall cover the time period of January 1 
through December 31 of each year of activity.
    (ii) The annual report shall include data collected for each 
distinct marine mammal species observed in the project area in the 
Massachusetts Bay during the period of Port operations and repair/
maintenance activities. The annual report shall also include a 
description of marine mammal behavior, overall numbers of individuals 
observed, frequency of observation, and any behavioral changes and the 
context of the changes relative to operation and repair/maintenance 
activities. Additional information that shall be recorded by Neptune or 
its contractor during operations and repair/maintenance activities and 
contained in the reports include: results of empirical source level 
estimation for thrusters while in use and activities associated with 
maintenance and repair events, date and time of marine mammal detections 
(visually or acoustically), weather conditions, species identification, 
approximate distance from the source, activity of the vessel when a 
marine mammal is sighted, and whether thrusters were in use and, if so, 
how many at the time of the sighting.
    (5) Five-year comprehensive report. (i) Neptune shall submit a draft 
comprehensive final report to NMFS, Office of Protected Resources, and 
NMFS,

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Northeast Regional Office (specific contact information to be provided 
in Letter of Authorization), 180 days prior to the expiration of the 
regulations. This comprehensive technical report shall provide full 
documentation of methods, results, and interpretation of all monitoring 
during the first four and a half years of the LOA.
    (ii) Neptune shall submit a revised final comprehensive technical 
report, including all monitoring results during the entire period of the 
LOAs, 90 days after the end of the period of effectiveness of the 
regulations to NMFS, Office of Protected Resources, and NMFS, Northeast 
Regional Office (specific contact information to be provided in Letter 
of Authorization).



Sec. 217.176  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the U.S. Citizen (as defined by Sec. 216.103) conducting 
the activity identified in Sec. 217.170(a) (i.e., Neptune) must apply 
for and obtain either an initial Letter of Authorization in accordance 
with Sec. 217.177 or a renewal under Sec. 217.178.
    (b) [Reserved]



Sec. 217.177  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, shall be 
valid for a period of time not to exceed the period of validity of this 
subpart.
    (b) The Letter of Authorization shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization shall be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 217.178  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
217.177 of this chapter for the activity identified in Sec. 217.170(a) 
shall be renewed upon request by the applicant or determination by NMFS 
and the applicant that modifications are appropriate pursuant to the 
adaptive management component of these regulations, provided that:
    (1) NMFS is notified that the activity described in the application 
submitted under Sec. 217.176 will be undertaken and that there will not 
be a substantial modification to the described work, mitigation or 
monitoring undertaken during the upcoming 12 months;
    (2) NMFS recieves the monitoring reports required under Sec. 
217.175(c)(1)-(4); and
    (3) NMFS determines that the mitigation, monitoring and reporting 
measures required under Sec. Sec. 217.174 and 217.175 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 217.177 of this 
chapter were undertaken and will be undertaken during the upcoming 
annual period of validity of a renewed Letter of Authorization.
    (b) If either a request for a renewal of a Letter of Authorization 
issued under Sec. Sec. 216.106 and 217.178 or a determination by NMFS 
and the applicant that modifications are appropriate pursuant to the 
adaptive management component of these regulations indicates that a 
substantial modification, as determined by NMFS, to the described work, 
mitigation or monitoring undertaken during the upcoming season will 
occur, NMFS will provide the public a period of 30 days for review and 
comment on the request. Review and comment on renewals of Letters of 
Authorization are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed substantive changes to the mitigation and monitoring 
requirements contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization

[[Page 149]]

will be published in the Federal Register.
    (d) Adaptive Management--NMFS may modify or augment the existing 
mitigation or monitoring measures (after consulting with Neptune 
regarding the practicability of the modifications) if doing so creates a 
reasonable likelihood of more effectively accomplishing the goals of 
mitigation and monitoring set forth in the preamble of these 
regulations. Below are some of the possible sources of new data that 
could contribute to the decision to modify the mitigation or monitoring 
measures:
    (1) Results from Neptune's monitoring from the previous year;
    (2) Results from general marine mammal and sound research; or
    (3) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent LOAs.



Sec. 217.179  Modifications of Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization issued by NMFS, pursuant to Sec. Sec. 216.106 
and 217.177 of this chapter and subject to the provisions of this 
subpart shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 217.178, without 
modification (except for the period of validity), is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 217.172(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 217.177 of this 
chapter may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.

Subparts S-T [Reserved]



 Subpart U_Taking Of Marine Mammals Incidental To The Port of Anchorage 
                  Marine Terminal Redevelopment Project



Sec. 217.200  Specified activities and specified geographical region.

    (a) Regulations in this subpart apply only to the incidental taking 
of those marine mammals specified in Sec. 217.202(b) by the Port of 
Anchorage and the U.S. Department of Transportation Maritime 
Administration (MARAD), and those persons it authorizes to engage in 
construction activities associated with the Port of Anchorage Marine 
Terminal Redevelopment Project, specifically in-water pile driving, at 
the Port of Anchorage, Alaska.
    (b) [Reserved]



Sec. 217.201  Effective dates.

    Regulations in this subpart are effective from July 15, 2009, 
through July 14, 2014.



Sec. 217.202  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. 216.106 
of this chapter and Sec. 217.207, the Port of Anchorage and MARAD, and 
persons under their authority, may incidentally, but not intentionally, 
take marine mammals by harassment, within the area described in Sec. 
217.200, provided the activity is in compliance with all terms, 
conditions, and requirements of these regulations and the appropriate 
Letter of Authorization.
    (b) The taking of marine mammals under a Letter of Authorization is 
limited to the incidental take, by Level B harassment only, of the 
following species under the activities identified in Sec. 217.200(a): 
Cook Inlet beluga whales (Delphinapterus leucas), harbor seals (Phoca 
vitulina), harbor porpoises (Phocoena phocoena), and killer whales 
(Orcinus orca).
    (c) The taking by injury or death of the species listed in paragraph 
(b) of this section or the taking by Level B harassment, injury or death 
of any other marine mammal species is prohibited and may result in the 
modification, suspension, or revocation of a Letter of Authorization.

[[Page 150]]



Sec. 217.203  Prohibitions.

    Notwithstanding takings contemplated in Sec. 217.202(b) and 
authorized by a Letter of Authorization issued under Sec. 216.106 of 
this chapter and Sec. 217.207, no person in connection with the 
activities described in Sec. 217.200 may:
    (a) Take any marine mammal not specified in Sec. 217.202(b);
    (b) Take any marine mammal specified in Sec. 217.202(b) other than 
by incidental, unintentional Level B harassment;
    (c) Take a marine mammal specified in Sec. 217.202(b) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this subpart or a Letter of Authorization issued under 
Sec. 216.106 of this chapter and Sec. 217.207.



Sec. 217.204  Mitigation.

    (a) When conducting operations identified in Sec. 217.200(a), the 
mitigation measures contained in the Letter of Authorization, issued 
under Sec. 216.106 of this chapter and Sec. 217.207, must be 
implemented. These mitigation measures are:
    (1) Through monitoring described under Sec. 217.205, the Holder of 
a Letter of Authorization will ensure that no marine mammal is subjected 
to a sound pressure levels of 190 or 180 dB re: 1 microPa or greater for 
pinnipeds and cetaceans, respectively. If a marine mammal is detected 
within or approaching a distance 200 m from in-water pile driving or in-
water chipping, operations shall be immediately delayed or suspended 
until the marine mammal moves outside these designated zones or the 
animal is not detected within 15 minutes of the last sighting.
    (2) If a marine mammal is detected within or approaching the Level B 
harassment zone designated for impact pile driving (350 m) prior to in-
water impact pile driving, operations shall not commence until the 
animal moves outside this zone or it is not detected within 15 minutes 
of the last sighting.
    (3) If a marine mammal is detected within or approaching the Level B 
harassment zone designated for vibratory pile driving (1,300 m) prior to 
in-water vibratory pile driving, operations shall not commence until the 
marine mammal moves outside this zone or it is not detected within 15 
minutes of the last sighting.
    (4) A start'' technique shall be used at the beginning of each day's 
in-water pile driving activities or if pile driving has ceased for more 
than one hour to allow any marine mammal that may be in the immediate 
area to leave before piling driving reaches full energy. For vibratory 
hammers, the soft start requires the holder of the Letter of 
Authorization to initiate noise from the hammers for 15 seconds at 
reduced energy followed by 1-minute waiting period and repeat the 
procedure two additional times. If an impact hammer is used, the soft 
start requires an initial set of three strikes from the impact hammer at 
40 percent energy, followed by a one minute waiting period, then two 
subsequent 3 strike sets.
    (5) In-water pile driving or chipping shall not occur when 
conditions restrict clear, visible detection of all waters within the 
appropriate harassment zones or the 200 m safety zone. Such conditions 
that can impair sightibility include, but are not limited to, fog and 
rough sea state.
    (6) In-water piles will be driven with a vibratory hammer to the 
maximum extent possible (i.e., until a desired depth is achieved or to 
refusal) prior to using an impact hammer.
    (7) In-water impact pile driving shall not occur during the period 
from two hours before low tide until two hours after low tide.
    (8) The following measures apply to all in-water pile driving, 
except during the ``stabbing'' phase, and all in-water chipping 
associated with demolition of the existing dock:
    (i) No in-water pile driving (impact or vibratory) or chipping shall 
occur if any marine mammal is located within 200m of the hammer in any 
direction. If any marine mammal is sighted within or approaching this 
200m safety zone, pile-driving or chipping must be suspended until the 
animal has moved outside the 200m safety zone or the animal is not 
resighted within 15 minutes.
    (ii) If a group of more than 5 beluga whales is sighted within the 
Level B

[[Page 151]]

harassment isopleths, in-water pile driving shall be suspended. If the 
group is not re-sighted within 15 minutes, pile driving may resume.
    (iii) If a beluga whale calf or group with a calf is sighted within 
or approaching a harassment zone, in-water pile driving shall cease and 
shall not be resumed until the calf or group is confirmed to be outside 
of the harassment zone and moving along a trajectory away from such 
zone. If the calf or group with a calf is not re-sighted within 15 
minutes, pile driving may resume.
    (9) If maximum authorized take is reached or exceeded for a 
particular species, any marine mammal of that species entering into the 
harassment or safety isopleths will trigger mandatory in-water pile 
driving shut down.
    (10) For Port of Anchorage operated in-water heavy machinery work 
other than pile driving or chipping (i.e., dredging, dump scowles, tug 
boats used to move barges, barge mounted hydraulic excavators, or 
clamshell equipment used to place or remove material), if a marine 
mammal comes within 50 m, those operations will cease and vessels will 
reduce to the slowest speed practicable while still maintaining control 
of the vessel and safe working conditions.
    (11) In the event the Port of Anchorage conducts out-of-water 
blasting, detonation of charges will be delayed if a marine mammal is 
detected anywhere within a visible distance from the detonation site.
    (12) Additional mitigation measures as contained in a Letter of 
Authorization.
    (b) [Reserved]



Sec. 217.205  Requirements for monitoring and reporting.

    (a) The Holder of a Letter of Authorization issued pursuant to Sec. 
216.106 of this chapter and Sec. 217.207, for activities described in 
Sec. 217.200(a) is required to cooperate with NMFS, and any other 
Federal, state or local agency with authority to monitor the impacts of 
the activity on marine mammals. Unless specified otherwise in the Letter 
of Authorization, the Holder of the Letter of Authorization must notify 
the Administrator, Alaska Region, NMFS, by letter, e-mail, or telephone, 
at least 2 weeks prior to commencement of seasonal activities and dock 
demolition possibly involving the taking of marine mammals. If the 
activity identified in Sec. 217.200(a) is thought to have resulted in 
the mortality or injury of any marine mammals or in any take of marine 
mammals not identified in Sec. 217.202(b), the Holder of the Letter of 
Authorization must notify the Director, Office of Protected Resources, 
NMFS, or designee, by e-mail or telephone (301-713-2289), within 24 
hours of the discovery of the injured or dead animal.
    (b) The Holder of a Letters of Authorization must designate 
qualified, on-site marine mammal observers (MMOs), approved in advance 
by NMFS, as specified in the Letter of Authorization, to:
    (1) Conduct visual marine mammal monitoring at the Port of Anchorage 
beginning 30 minutes prior to and during all in-water pile driving or 
chipping and out-of-water blasting.
    (2) Record the following information on NMFS-approved marine mammal 
sighting sheets whenever a marine mammal is detected:
    (i) Date and time of initial sighting to end of sighting, tidal 
stage, and weather conditions (including Beaufort Sea State);
    (ii) Species, number, group composition, initial and closest 
distance to pile driving hammer, and behavior (e.g., activity, group 
cohesiveness, direction and speed of travel, etc.) of animals throughout 
duration of sighting;
    (iii) Any discrete behavioral reactions to in-water work;
    (iv) The number (by species) of marine mammals that have been taken;
    (v) Pile driving, chipping, or out of water blasting activities 
occurring at the time of sighting and if and why shut down was or was 
not implemented.
    (3) Employ a scientific marine mammal monitoring team separate from 
the on-site MMOs to characterize beluga whale abundance, movements, 
behavior, and habitat use around the Port of Anchorage and observe, 
analyze, and document potential changes in behavior in response to in-
water construction work. This monitoring

[[Page 152]]

team is not required to be present during all in-water pile driving 
operations but will continue monitoring one-year post in-water 
construction. The on-site MMOs and this marine mammal monitoring team 
shall remain in contact to alert each other to marine mammal presence 
when both teams are working.
    (c) The Holder of a Letter of Authorization must conduct additional 
monitoring as required under an annual Letter of Authorization.
    (d) The Holder of a Letter of Authorization shall submit a monthly 
report to NMFS' Headquarters Permits, Education and Conservation 
Division and the Alaska Region, Anchorage for all months in-water pile 
driving or chipping takes place. This report must contain the 
information listed in paragraph (b)(2) of this section.
    (e) An annual report must be submitted at the time of application 
for renewal of a Letter of Authorization. This report will summarize all 
in-water construction activities and marine mammal monitoring from 
January 1- December 31, annually, and any discernable short or long term 
impacts from the Marine Terminal Expansion Project.
    (f) A final report must be submitted to NMFS upon application for a 
subsequent incidental take authorization or, if no future authorization 
is requested, no later than 90 days post expiration of these 
regulations. This report will:
    (1) Summarize the activities undertaken and the results reported in 
all previous reports;
    (2) Assess the impacts to marine mammals from the port expansion 
project; and
    (3) Assess the cumulative impacts on marine mammals.



Sec. 217.206  Applications for Letters of Authorization.

    (a) To incidentally take marine mammals pursuant to these 
regulations, the U.S. citizen (as defined by Sec. 216.103 of this 
chapter) conducting the activity identified in Sec. 217.200(a) (the 
Port of Anchorage and MARAD) must apply for and obtain either an initial 
Letter of Authorization in accordance with Sec. 217.207 or a renewal 
under Sec. 217.208.
    (b) The application must be submitted to NMFS at least 60 days 
before the expiration of the initial or current Letter of Authorization.
    (c) Applications for a Letter of Authorization and for renewals of 
Letters of Authorization must include the following:
    (1) Name of the U.S. citizen requesting the authorization,
    (2) The date(s), duration, and the specified geographic region where 
the activities specified in Sec. 217.200 will occur; and
    (3) The most current population estimate of Cook Inlet beluga whales 
and the estimated percentage of marine mammal populations potentially 
affected for the 12-month period of effectiveness of the Letter of 
Authorization;
    (4) A summary of take levels, monitoring efforts and findings at the 
Port of Anchorage to date.
    (d) The National Marine Fisheries Service will review an application 
for a Letter of Authorization in accordance with this section and, if 
adequate and complete, issue a Letter of Authorization.



Sec. 217.207  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 217.208.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking; and
    (2) Requirements for mitigation, monitoring and reporting, 
including, but not limited to, means of effecting the least practicable 
adverse impact on the species, its habitat, and on the availability of 
the species for subsistence uses.
    (c) Issuance of a Letter of Authorization will be based on the 
determination that the number of marine mammals taken during the period 
the Letter of Authorization is valid will be small, that the total 
taking of marine mammals by the activities specified in Sec. 217.200(a) 
will have no more than a negligible impact on the species or stock of 
affected marine mammal(s), and that the total taking will not have

[[Page 153]]

an unmitigable adverse impact on the availability of species or stocks 
of marine mammals for subsistence uses.
    (d) Notice of issuance or denial of an application for a Letter of 
Authorization will be published in the Federal Register within 30 days 
of a determination.



Sec. 217.208  Renewal of Letters of Authorization.

    (a) A Letter of Authorization issued under Sec. 216.106 of this 
chapter and Sec. 217.207 for the activity identified in Sec. 
217.200(a) will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 217.206 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
217.205(d) and (e), and the Letter of Authorization issued under Sec. 
217.207, which has been reviewed and accepted by NMFS; and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required under Sec. Sec. 217.204 and 217.205 and the 
Letter of Authorization issued under Sec. 216.106 of this chapter and 
Sec. 217.207, were undertaken and will be undertaken during the 
upcoming annual period of validity of a renewed Letter of Authorization; 
and
    (4) A determination by NMFS that the number of marine mammals taken 
during the period of the Letter of Authorization will be small, that the 
total taking of marine mammals by the activities specified in Sec. 
217.200(a) will have no more than a negligible impact on the species or 
stock of affected marine mammal(s), and that the total taking will not 
have an unmitigable adverse impact on the availability of species or 
stocks of marine mammals for subsistence uses.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. 216.106 of this chapter and this section indicates that a 
substantial modification to the described work, mitigation or monitoring 
undertaken during the upcoming season will occur, NMFS will provide the 
public a period of 30 days for review and comment on the request.
    (c) Notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register within 30 days 
of a determination.



Sec. 217.209  Modifications of Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. 216.106 of 
this chapter and Sec. 217.207 and subject to the provisions of this 
subpart, shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 217.208, without 
modification (except for the period of validity), is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 217.202(b), a Letter of 
Authorization issued pursuant to Sec. 216.106 of this chapter and Sec. 
217.207 may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.



PART 218_REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE 
MAMMALS--Table of Contents



Subpart A_Taking Marine Mammals Incidental to U.S. Navy Training in the 
          Virginia Capes Range Complex (VACAPES Range Complex)

Sec.
218.1 Specified activity, specified geographical area and effective 
          dates.
218.2 Permissible methods of taking.
218.3 Prohibitions.
218.4 Mitigation.
218.5 Requirements for monitoring and reporting.
218.6 Applications for Letters of Authorization.
218.7 Letters of Authorization.

[[Page 154]]

218.8 Renewal of Letters of Authorization and adaptive management.
218.9 Modifications to Letters of Authorization.

Subpart B_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                       Jacksonville Range Complex

218.10 Specified activity and specified geographical area and effective 
          dates.
218.11 Permissible methods of taking.
218.12 Prohibitions.
218.13 Mitigation.
218.14 Requirements for monitoring and reporting.
218.15 Applications for Letters of Authorization.
218.16 Letters of Authorization.
218.17 Renewal of Letters of Authorization and adaptive management.
218.18 Modifications to Letters of Authorization.

Subpart C_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                       Cherry Point Range Complex

218.20 Specified activity and specified geographical area and effective 
          dates.
218.21 Permissible methods of taking.
218.22 Prohibitions.
218.23 Mitigation.
218.24 Requirements for monitoring and reporting.
218.25 Applications for Letters of Authorization.
218.26 Letters of Authorization.
218.27 Renewal of Letters of Authorization and adaptive management.
218.28 Modifications to Letters of Authorization.

Subpart D_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                      Gulf of Mexico Range Complex

218.30 Specified activity and specified geographical area and effective 
          dates.
218.31 Permissible methods of taking.
218.32 Prohibitions.
218.33 Mitigation.
218.34 Requirements for monitoring and reporting.
218.35 Applications for Letters of Authorization.
218.36 Letters of Authorization.
218.37 Renewal of Letters of Authorization and adaptive management.
218.38 Modifications to Letters of Authorization.

Subparts E-K [Reserved]

   Subpart L_Taking and Importing Marine Mammals; U.S. Navy's Mariana 
                      Islands Range Complex (MIRC)

218.100 Specified activity and geographical area.
218.101 Effective dates.
218.102 Permissible methods of taking.
218.103 Prohibitions.
218.104 Mitigation.
218.105 Requirements for monitoring and reporting.
218.106 Applications for Letters of Authorization.
218.107 Letters of Authorization.
218.108 Renewal of Letters of Authorization and adaptive management.
218.109 Modifications to Letters of Authorization.

  Subpart M_Taking and Importing Marine Mammals; U.S. Navy's Northwest 
                     Training Range Complex (NWTRC)

218.110 Specified activity and specified geographical area.
218.111 Effective dates.
218.112 Permissible methods of taking.
218.113 Prohibitions.
218.114 Mitigation.
218.115 Requirements for monitoring and reporting.
218.116 Applications for Letters of Authorization.
218.117 Letters of Authorization.
218.118 Renewal of Letters of Authorization and adaptive management.
218.119 Modifications to Letters of Authorization.

Subpart N_Taking and Importing Marine Mammals; Gulf of Alaska Temporary 
                   Maritime Activities Area (GoA TMAA)

218.120 Specified activity and geographical area.
218.121 Effective dates.
218.122 Permissible methods of taking.
218.123 Prohibitions.
218.124 Mitigation.
218.125 Requirements for monitoring and reporting.
218.126 Applications for Letters of Authorization.
218.127 Letters of Authorization.
218.128 Renewal of Letters of Authorization and adaptive management.
218.129 Modifications to Letters of Authorization.

[[Page 155]]

Subparts O-Q [Reserved]

   Subpart R_Taking Marine Mammals Incidental to U.S. Navy Research, 
  Development, Test, and Evaluation Activities in the Naval Sea System 
  Command (NAVSEA) Naval Undersea Warfare Center (NUWC) Keyport Range 
        Complex and the Associated Proposed Extensions Study Area

218.170 Specified activity and specified geographical area and effective 
          dates.
218.171 Permissible methods of taking.
218.172 Prohibitions.
218.173 Mitigation.
218.174 Requirements for monitoring and reporting.
218.175 Applications for Letters of Authorization.
218.176 Letters of Authorization.
218.177 Renewal of Letters of Authorization and adaptive management.
218.178 Modifications to Letters of Authorization.

Subpart S_Taking Marine Mammals Incidental to U.S. Naval Surface Warfare 
             Center Panama City Division Mission Activities

218.180 Specified activity and specified geographical area and effective 
          dates.
218.181 Permissible methods of taking.
218.182 Prohibitions.
218.183 Mitigation.
218.184 Requirements for monitoring and reporting.
218.185 Applications for Letters of Authorization.
218.186 Letters of Authorization.
218.187 Renewal of Letters of Authorization and adaptive management.
218.188 Modifications to Letters of Authorization.

    Authority: 16 U.S.C. 1361 et seq.

    Source: 74 FR 28343, June 15, 2009, unless otherwise noted.



Subpart A_Taking Marine Mammals Incidental to U.S. Navy Training in the 
          Virginia Capes Range Complex (VACAPES Range Complex)



Sec. 218.1  Specified activity, specified geographical area and effective dates.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the VACAPES Range Complex Operation Area (OPAREA), 
which is located in the coastal and offshore waters of the western North 
Atlantic Ocean adjacent to Delaware, Maryland, Virginia, and North 
Carolina. The northernmost boundary of the VACAPES Range Complex OPAREA 
is located 37 nautical miles (nm) off the entrance to Delaware Bay at 
latitude 38[deg]45[min] N, the farthest point of the eastern boundary is 
184 nm east of Chesapeake Bay at longitude 72[deg]41[min] W, and the 
southernmost point is 105 nm southeast of Cape Hatteras, North Carolina, 
at latitude of 34[deg]19[min] N. The western boundary of the VACAPES 
Range Complex OPAREA lies 3 nm from the shoreline at the boundary 
separating state and Federal waters.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities:
    (1) The use of the explosive munitions, or similar explosive types, 
indicated in paragraph (c)(1)(i) of this section conducted as part of 
the Navy training events, or similar training events, indicated in 
paragraph (c)(1)(ii) of this section:
    (i) Underwater Explosives:
    (A) AGM-114 (Hellfire missile)
    (B) AGM-65 E/F (Maverick missile)
    (C) MK-83/GBU-32 (1,000 lb High Explosive bomb)
    (D) Airborne Mine Neutralization system (AMNS).
    (E) 20 lb NEW charges
    (F) AGM-88 (HARM)
    (G) 5[sec] Naval Gunfire
    (ii) Training events (with approximated number of events)
    (A) Mine Exercise (MINEX) (Mine Neutralization [AMNS])--up to 150 
exercises over the course of 5 years (an average of 30 per year);
    (B) Mine Exercise (MINEX) (Mine Neutralization [20 lb NEW 
charges])--up to 120 exercises over the course of 5 years (an average of 
24 per year);
    (C) Bombing Exercise (BOMBEX) (Air-to-Surface)--up to 100 exercises

[[Page 156]]

over the course of 5 years (an average of 20 per year);
    (D) Missile Exercise (MISSILEX) (Air-to-Surface; Hellfire missile)--
up to 300 exercises over the course of 5 years (an average of 60 per 
year);
    (E) Missile Exercise (MISSILEX) (Air-to-Surface; Maverick, HE)--up 
to 100 exercises over the course of 5 years (an average of 20 per year); 
and
    (F) FIREX with IMPASS--up to 110 exercises over the course of 5 
years (an average of 22 per year).
    (2) [Reserved]
    (d) Regulations are effective June 5, 2011, through June 4, 2016.
    (e) The taking of marine mammals may be authorized in an LOA for the 
explosive types and activities, or similar explosives or activities, 
listed in Sec. 218.1(c) should the amounts (e.g., number of exercises) 
vary from those estimated in Sec. 218.1(c), provided that the variation 
does not result in exceeding the amount of take indicated in Sec. 
218.2(c).

[74 FR 28343, June 15, 2009, as amended at 76 FR 30554, May 26, 2011]



Sec. 218.2  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. 216.106 
of this chapter and Sec. 218.7, the Holder of the Letter of 
Authorization may incidentally, but not intentionally, take marine 
mammals within the area described in Sec. 218.1(b), provided the 
activity is in compliance with all terms, conditions, and requirements 
of this subpart and the appropriate Letter of Authorization.
    (b) The activities identified in Sec. 218.1(c) must be conducted in 
a manner that minimizes, to the greatest extent practicable, any adverse 
impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.1(c) is limited to the following species, by the 
indicated method of take and the indicated number of times:
    (1) Level B Harassment:
    (i) Mysticetes:
    (A) Humpback whale (Megaptera novaeangliae)--10 (an average of 2 
annually); and
    (B) Fin whale (Balaenoptera physalus)--10 (an average of 2 
annually).
    (ii) Odontocetes:
    (A) Sperm whale (Physeter macrocephalus)--10 (an average of 2 
annually);
    (B) Pygmy or dwarf sperm whales (Kogia sp.)--15 (an average of 3 
annually);
    (C) Rough-toothed dolphin (Steno bredanensis)--5 (an average of 1 
annually);
    (D) Bottlenose dolphin (Tursiops truncatus)--145 (an average of 29 
annually);
    (E) Pantropical spotted dolphin (Stenella attenuata)--350 (an 
average of 70 annually);
    (F) Striped dolphin (S. coeruleoalba)--340 (an average of 68 
annually);
    (G) Clymene dolphin (S. clymene)--165 (an average of 33 annually);
    (H) Atlantic spotted dolphin (S. frontalis)--215 (an average of 43 
annually);
    (I) Common dolphin (Delphinus delphis)--10,965 (an average of 2,193 
annually);
    (J) Risso's dolphin (Grampus griseus)--80 (an average of 16 
annually); and
    (K) Pilot whales (Globicephala sp.)--50 (an average of 10 annually).
    (2) Level A Harassment (injury):
    (i) Atlantic spotted dolphin--5 (an average of 1 annually);
    (ii) Common dolphin--100 (an average of 20 annually);
    (iii) Pantropical spotted dolphin--5 (an average of 1 annually); and
    (iv) Striped dolphin--15 (an average of 3 annually).



Sec. 218.3  Prohibitions.

    Notwithstanding takings contemplated in Sec. 218.2 and authorized 
by a Letter of Authorization issued under Sec. 216.106 of this chapter 
and Sec. 218.7, no person in connection with the activities described 
in Sec. 218.1 may:
    (a) Take any marine mammal not specified in Sec. 218.2(c);
    (b) Take any marine mammal specified in Sec. 218.2(c) other than by 
incidental take as specified in Sec. 218.2(c)(1) and (2);
    (c) Take a marine mammal specified in Sec. 218.2(c) if such taking 
results in more than a negligible impact on the

[[Page 157]]

species or stocks of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this Subpart or a Letter of Authorization issued under 
Sec. 216.106 of this chapter and Sec. 218.7.



Sec. 218.4  Mitigation.

    (a) When conducting training activities identified in Sec. 
218.1(c), the mitigation measures contained in the Letter of 
Authorization issued under Sec. 216.106 of this chapter and Sec. 218.7 
must be implemented. These mitigation measures include, but are not 
limited to:
    (1) General Maritime Measures:
    (i) Personnel Training--Lookouts
    (A) All bridge personnel, Commanding Officers, Executive Officers, 
officers standing watch on the bridge, maritime patrol aircraft 
aircrews, and Mine Warfare (MIW) helicopter crews shall complete Marine 
Species Awareness Training (MSAT).
    (B) Navy lookouts shall undertake extensive training to qualify as a 
watchstander in accordance with the Lookout Training Handbook (NAVEDTRA 
12968-D).
    (C) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, lookouts shall 
complete the Personal Qualification Standard Program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects).
    (D) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure to 
facilitate implementation of protective measures if marine species are 
spotted.
    (E) Surface lookouts shall scan the water from the ship to the 
horizon and be responsible for all contacts in their sector. In 
searching the assigned sector, the lookout shall always start at the 
forward part of the sector and search aft (toward the back). To search 
and scan, the lookout shall hold the binoculars steady so the horizon is 
in the top third of the field of vision and direct the eyes just below 
the horizon. The lookout shall scan for approximately five seconds in as 
many small steps as possible across the field seen through the 
binoculars. They shall search the entire sector in approximately five-
degree steps, pausing between steps for approximately five seconds to 
scan the field of view. At the end of the sector search, the glasses 
shall be lowered to allow the eyes to rest for a few seconds, and then 
the lookout shall search back across the sector with the naked eye.
    (F) At night, lookouts shall scan the horizon in a series of 
movements that would allow their eyes to come to periodic rests as they 
scan the sector. When visually searching at night, they shall look a 
little to one side and out of the corners of their eyes, paying 
attention to the things on the outer edges of their field of vision. 
Lookouts shall also have night vision devices available for use.
    (ii) Operating Procedures and Collision Avoidance:
    (A) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures Message or Environmental Annex to the Operational Order shall 
be issued to further disseminate the personnel training requirement and 
general marine species mitigation measures.
    (B) Commanding Officers shall make use of marine species detection 
cues and information to limit interaction with marine species to the 
maximum extent possible consistent with safety of the ship.
    (C) While underway, surface vessels shall have at least two lookouts 
with binoculars; surfaced submarines shall have at least one lookout 
with binoculars. Lookouts already posted for safety of navigation and 
man-overboard precautions may be used to fill this requirement. As part 
of their regular duties, lookouts shall watch for and report to the OOD 
the presence of marine mammals.
    (D) Personnel on lookout shall employ visual search procedures 
employing a scanning method in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (E) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook 
(NAVEDTRA 12968-D).

[[Page 158]]

    (F) While in transit, naval vessels shall be alert at all times, use 
extreme caution, and proceed at a ``safe speed'' so that the vessel can 
take proper and effective action to avoid a collision with any marine 
animal and can be stopped within a distance appropriate to the 
prevailing circumstances and conditions.
    (G) When whales have been sighted in the area, Navy vessels shall 
increase vigilance and implement measures to avoid collisions with 
marine mammals and avoid activities that might result in close 
interaction of naval assets and marine mammals. Such measures shall 
include changing speed and/or direction and would be dictated by 
environmental and other conditions (e.g., safety or weather).
    (H) Naval vessels shall maneuver to keep at least 500 yds (460 m) 
away from any observed whale and avoid approaching whales head-on. This 
requirement does not apply if a vessel's safety is threatened, such as 
when change of course will create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
their ability to maneuver. Vessels shall take reasonable steps to alert 
other vessels in the vicinity of the whale.
    (I) Where feasible and consistent with mission and safety, vessels 
shall avoid closing to within 200-yd (183 m) of marine mammals other 
than whales (whales addressed above).
    (J) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine species of concern as long as it does not violate safety 
constraints or interfere with the accomplishment of primary operational 
duties. Marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate where it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (K) All vessels shall maintain logs and records documenting training 
operations should they be required for event reconstruction purposes. 
Logs and records shall be kept for a period of 30 days following 
completion of a major training exercise.
    (2) Coordination and Reporting Requirements. (i) The Navy shall 
coordinate with the local NMFS Stranding Coordinator for any unusual 
marine mammal behavior and any stranding, beached live/dead, or floating 
marine mammals that may occur at any time during or within 24 hours 
after completion of training activities.
    (ii) The Navy shall follow internal chain of command reporting 
procedures as promulgated through Navy instructions and orders.
    (3) Mitigation Measures Applicable to Vessel Transit in the Mid-
Atlantic during North Atlantic Right Whale Migration: The mitigation 
measures apply to all Navy vessel transits, including those vessels that 
would transit to and from East Coast ports and the VACAPES Range 
Complex.
    (i) Mid-Atlantic, Offshore of the Eastern United States:
    (A) All Navy vessels are required to use extreme caution and operate 
at a slow, safe speed consistent with mission and safety (at a speed 
that does not compromise safety of navigation) during the months 
indicated below and within a 37 km (20 nm) arc (except as noted) of the 
specified associated reference points:
    (1) South and East of Block Island (37 km (20 NM) seaward of line 
between 41-4.49[deg] N. lat. 071-51.15[deg] W. long. and 41-18.58[deg] 
N. lat. 070-50.23[deg] W. long): Sept-Oct and Mar-Apr
    (2) New York/New Jersey (40-30.64[deg] N. lat. 073-57.76[deg] W. 
long.): Sep-Oct and Feb-Apr.
    (3) Delaware Bay (Philadelphia) (38-52.13[deg] N. lat. 075-1.93[deg] 
W. long.): Oct-Dec and Feb-Mar.
    (4) Chesapeake Bay (Hampton Roads and Baltimore) (37-1.11[deg] N. 
lat. 075-57.56[deg] W. long.): Nov-Dec and Feb-Apr.
    (5) North Carolina (34-41.54[deg] N. lat. 076-40.20[deg] W. long.): 
Dec-Apr.
    (6) South Carolina (33-11.84[deg] N. lat. 079-8.99[deg] W. long. and 
32-43.39[deg] N. lat. 079-48.72[deg] W. long.): Oct-Apr.
    (B) During the months indicated in paragraph (a)(3)(i)(A) of this 
section, Navy vessels shall practice increased vigilance with respect to 
avoidance of vessel-whale interactions along the mid-Atlantic coast, 
including transits

[[Page 159]]

to and from any mid-Atlantic ports not specifically identified in 
paragraph (a)(3)(i)(A) of this section.
    (C) All surface units transiting within 56 km (30 NM) of the coast 
in the mid-Atlantic shall ensure at least two watchstanders are posted, 
including at least one lookout who has completed required MSAT training.
    (D) Navy vessels shall not knowingly approach any whale head on and 
shall maneuver to keep at least 457 m (1,500 ft) away from any observed 
whale, consistent with vessel safety.
    (ii) Southeast Atlantic, Offshore of the Eastern United States--for 
the purposes of the measures below (paragraphs (a)(3)(ii)(A) & (B) of 
this section), the ``southeast'' encompasses sea space from Charleston, 
South Carolina, southward to Sebastian Inlet, Florida, and from the 
coast seaward to 148 km (80 NM) from shore. North Atlantic right whale 
critical habitat is the area from 31-15[deg] N. lat. to 30-15[deg] N. 
lat. extending from the coast out to 28 km (15 NM), and the area from 
28-00[deg] N. lat. to 30-15[deg] N. lat. from the coast out to 9 km (5 
NM). All mitigation measures described here that apply to the critical 
habitat apply from November 15-April 15 and also apply to an associated 
area of concern which extends 9 km (5 NM) seaward of the designated 
critical habitat boundaries.
    (A) Prior to transiting or training in the critical habitat or 
associated area of concern, ships shall contact Fleet Area Control and 
Surveillance Facility, Jacksonville, to obtain latest whale sighting and 
other information needed to make informed decisions regarding safe speed 
(the minimum speed at which mission goals or safety will not be 
compromised) and path of intended movement. Subs shall contact 
Commander, Submarine Group Ten for similar information.
    (B) The following specific mitigation measures apply to activities 
occurring within the North Atlantic right whale critical habitat and an 
associated area of concern which extends 9 km (5 NM) seaward of the 
designated critical habitat boundaries:
    (1) When transiting within the critical habitat or associated area 
of concern, vessels shall exercise extreme caution and proceed at a slow 
safe speed. The speed shall be the slowest safe speed that is consistent 
with mission, training and operations.
    (2) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less than 12 hours old. Circumstances could arise 
where, in order to avoid North Atlantic right whale(s), speed reductions 
could mean vessels must reduce speed to a minimum at which it can safely 
keep on course or vessels could come to an all stop.
    (3) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed safe to do so. These 
requirements do not apply if a vessel's safety is threatened, such as 
when a change of course would create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
the ability to maneuver.
    (4) During the North Atlantic right whale calving season, north-
south transits through the critical habitat are prohibited.
    (5) Ships, surfaced subs, and aircraft shall report any whale 
sightings to Fleet Area Control and Surveillance Facility, Jacksonville, 
by the quickest and most practicable means. The sighting report shall 
include the time, latitude/longitude, direction of movement and number 
and description of whale (i.e., adult/calf).
    (iii) Northeast Atlantic, Offshore of the Eastern United States:
    (A) Prior to transiting the Great South Channel or Cape Cod Bay 
critical habitat areas, ships shall obtain the latest North Atlantic 
right whale sightings and other information needed to make informed 
decisions regarding safe speed (the minimum speed at which mission goals 
or safety will not be compromised). The Great South Channel critical 
habitat is defined by the following coordinates: 41-00[deg] N. lat., 69-
05[deg] W. long.; 41-45[deg] N. lat, 69-45[deg] W. long; 42-10[deg] N. 
lat., 68-31[deg] W. long.; 41-38[deg] N. lat., 68-13[deg] W. long. The 
Cape Cod Bay critical habitat is defined by the following coordinates: 
42-04.8[deg] N. lat., 70-10[deg] W. long.; 42-12[deg] N. lat., 70-
15[deg]

[[Page 160]]

W. long.; 42-12[deg] N. lat., 70-30[deg] W. long.; 41-46.8[deg] N. lat., 
70-30[deg] W. long.
    (B) Ships, surfaced subs, and aircraft shall report any North 
Atlantic right whale sightings (if the whale is identifiable as a right 
whale) off the northeastern U.S. to Patrol and Reconnaissance Wing 
(COMPATRECONWING). The report shall include the time of sighting, lat/
long, direction of movement (if apparent) and number and description of 
the whale(s).
    (C) Vessels or aircraft that observe whale carcasses shall record 
the location and time of the sighting and report this information as 
soon as possible to the cognizant regional environmental coordinator. 
All whale strikes must be reported. This report shall include the date, 
time, and location of the strike; vessel course and speed; operations 
being conducted by the vessel; weather conditions, visibility, and sea 
state; description of the whale; narrative of incident; and indication 
of whether photos/videos were taken. Navy personnel are encouraged to 
take photos whenever possible.
    (D) Specific mitigation measures related to activities occurring 
within the critical habitat include the following:
    (1) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed safe to do so. These 
requirements do not apply if a vessel's safety is threatened, such as 
when change of course would create an imminent and serious threat to 
person, vessel, or aircraft, and to the extent vessels are restricted in 
the ability to maneuver.
    (2) When transiting within the critical habitat or associated area 
of concern, vessels shall use extreme caution and operate at a safe 
speed (the minimum speed at which mission goals or safety will not be 
compromised) so as to be able to avoid collisions with North Atlantic 
right whales and other marine mammals, and stop within a distance 
appropriate to the circumstances and conditions.
    (3) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less than one week old.
    (4) Ships transiting in the Cape Cod Bay and Great South Channel 
critical habitats shall obtain information on recent whale sightings in 
the vicinity of the critical habitat. Any vessel operating in the 
vicinity of a North Atlantic right whale shall consider additional speed 
reductions per Rule 6 of International Navigational Rules.
    (4) Mitigation Measures for Specific At-sea Training Events--If a 
marine mammal is killed as a result of the proposed Navy training 
activities (e.g., instances in which it is clear that munitions 
explosions caused the death), the Navy shall suspend its activities 
immediately and report the incident to NMFS.
    (i) Firing Exercise (FIREX) Using the Integrated Maritime Portable 
Acoustic Scoring System (IMPASS) (5-in. Explosive Rounds):
    (A) FIREX using IMPASS would only be conducted in the four 
designated areas specified in the Navy's LOA application in the VACAPES 
Range Complex.
    (B) Pre-exercise monitoring of the target area shall be conducted 
with ``Big Eyes'' prior to the event, during deployment of the IMPASS 
sonobuoy array, and during return to the firing position. Ships shall be 
required to maintain a lookout dedicated to visually searching for 
marine mammals 180[deg] along the ship track line and 360[deg] at each 
buoy drop-off location.
    (C) ``Big Eyes'' on the ship shall be used to monitor a 600 yd (548 
m) buffer zone around the target area for marine mammals during naval-
gunfire events.
    (D) Ships shall not fire on the target if any marine mammals are 
detected within or approaching the 600 yd (548 m) buffer zone until the 
area is cleared. If marine mammals are present, operations shall be 
suspended. Visual observation shall occur for approximately 45 minutes, 
or until the animal has been observed to have cleared the area and is 
heading away from the buffer zone.
    (E) Post-exercise monitoring of the entire target area shall take 
place with ``Big Eyes'' and the naked eye during the retrieval of the 
IMPASS sonobuoy array following each firing exercise.
    (F) FIREX with IMPASS shall take place during daylight hours only.

[[Page 161]]

    (G) FIREX with IMPASS shall only be used in Beaufort Sea State three 
(3) or less.
    (H) The visibility must be such that the fall of shot is visible 
from the firing ship during the exercise.
    (I) No firing shall occur if marine mammals are detected within 70 
yd (64 m) of the vessel.
    (ii) Air-to-Surface At-Sea Bombing Exercises (250-lbs to 2,000-lbs 
explosive bombs):
    (A) Aircraft shall visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area shall be made by flying at 1,500 ft (457 m) altitude or 
lower, if safe to do so, and at the slowest safe speed.
    (B) A buffer zone of 5,100-yd (4,663 m) radius shall be established 
around the intended target zone. The exercises shall be conducted only 
when marine mammals are observed to be outside the buffer zone.
    (C) At-sea BOMBEXs using live ordnance shall occur during daylight 
hours only.
    (iii) Air-to-Surface Missile Exercises (Explosive):
    (A) Aircraft shall initially survey the intended ordnance impact 
area for marine mammals.
    (B) During the actual firing of the weapon, the aircraft involved 
must be able to observe the intended ordnance impact area to ensure the 
area is free of marine mammal transiting the range.
    (C) Visual inspection of the target area shall be made by flying at 
1,500 ft (457 m) altitude or lower, if safe to do so, and at slowest 
safe speed.
    (D) Explosive ordnance shall not be targeted to impact within 1,800 
yd (1,646 m) of sighted marine mammals.
    (iv) Mine Neutralization Training Involving Underwater Detonations 
(up to 20-lb charges):
    (A) This activity shall only occur in W-50 of the VACAPES Range 
Complex.
    (B) Observers shall survey the Zone of Influence (ZOI), a 700 yd 
(640 m) radius from detonation location for marine mammals from all 
participating vessels during the entire operation. A survey of the ZOI 
(minimum of 3 parallel tracklines 219 yd [200 m] apart) using support 
craft shall be conducted at the detonation location 30 minutes prior 
through 30 minutes post detonation. Aerial survey support shall be 
utilized whenever assets are available.
    (C) Detonation operations shall be conducted during daylight hours 
only.
    (D) If a marine mammal is sighted within the ZOI, the animal shall 
be allowed to leave of its own volition. The Navy shall suspend 
detonation exercises and ensure the area is clear of marine mammals for 
a full 30 minutes prior to detonation.
    (E) Divers placing the charges on mines and dive support vessel 
personnel shall survey the area for marine mammals and shall report any 
sightings to the surface observers. These animals shall be allowed to 
leave of their own volition and the ZOI shall be clear of marine mammals 
for 30 minutes prior to detonation.
    (F) No detonations shall take place within 3.2 nm (6 km) of an 
estuarine inlet (Chesapeake Bay Inlets).
    (G) No detonations shall take place within 1.6 nm (3 km) of 
shoreline.
    (H) Personnel shall record any protected species observations during 
the exercise as well as measures taken if species are detected within 
the ZOI.
    (b) [Reserved]



Sec. 218.5  Requirements for monitoring and reporting.

    (a) The Holder of the Letter of Authorization issued pursuant to 
Sec. 216.106 of this chapter and Sec. 218.7 for activities described 
in Sec. 218.1(c) is required to cooperate with the NMFS when monitoring 
the impacts of the activity on marine mammals.
    (b) The Holder of the Authorization must notify NMFS immediately (or 
as soon as clearance procedures allow) if the specified activity 
identified in Sec. 218.1(c) is thought to have resulted in the 
mortality or serious injury of any marine mammals, or in any take of 
marine mammals not identified in Sec. 218.2(c).
    (c) The Navy must conduct all monitoring and required reporting 
under the Letter of Authorization, including abiding by the VACAPES 
Range Complex Monitoring Plan, which is incorporated herein by 
reference, and which requires the Navy to implement, at a

[[Page 162]]

minimum, the monitoring activities summarized below.
    (1) Vessel or aerial surveys. (i) The Holder of this Authorization 
shall visually survey a minimum of 2 explosive events per year, one of 
which shall be a multiple detonation event. One of the vessel or aerial 
surveys should involve professionally trained marine mammal observers 
(MMOs).
    (ii) Where operationally feasible, for specified training events, 
aerial or vessel surveys shall be used 1-2 days prior to, during (if 
reasonably safe), and 1-5 days post detonation.
    (iii) Surveys shall include any specified exclusion zone around a 
particular detonation point plus 2,000 yards beyond the border of the 
exclusion zone (i.e., the circumference of the area from the border of 
the exclusion zone extending 2,000 yards outwards). For vessel based 
surveys a passive acoustic system (hydrophone or towed array) could be 
used to determine if marine mammals are in the area before and/or after 
a detonation event.
    (iv) When conducting a particular survey, the survey team shall 
collect:
    (A) Location of sighting;
    (B) Species (if not possible, indicate whale, dolphin or pinniped);
    (C) Number of individuals;
    (D) Whether calves were observed;
    (E) Initial detection sensor;
    (F) Length of time observers maintained visual contact with marine 
mammal;
    (G) Wave height;
    (H) Visibility;
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after;
    (J) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated);
    (K) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animal(s) (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction;
    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long; and
    (M) If observation occurs while explosives are detonating in the 
water, indicate munition type in use at time of marine mammal detection.
    (2) Passive acoustic monitoring--the Navy shall conduct passive 
acoustic monitoring when operationally feasible.
    (i) Any time a towed hydrophone array is employed during shipboard 
surveys the towed array shall be deployed during daylight hours for each 
of the days the ship is at sea.
    (ii) The towed hydrophone array shall be used to supplement the 
ship-based systematic line-transect surveys (particularly for species 
such as beaked whales that are rarely seen).
    (iii) The array shall have the capability of detecting low frequency 
vocalizations (<1,000 Hz) for baleen whales and relatively high 
frequency (up to 30 kHz) for odontocetes. The use of two simultaneously 
deployed arrays can also allow more accurate localization and 
determination of diving patterns.
    (3) Marine mammal observers on Navy platforms. (i) As required in 
Sec. 218.5(c)(1), MMOs selected for aerial or vessel survey shall be 
placed on a Navy platform during one of the explosive exercises being 
monitored per year, the other designated exercise shall be monitored by 
the Navy lookouts/watchstanders.
    (ii) The MMO must possess expertise in species identification of 
regional marine mammal species and experience collecting behavioral 
data.
    (iii) MMOs shall not be placed aboard Navy platforms for every Navy 
training event or major exercise, but during specifically identified 
opportunities deemed appropriate for data collection efforts. The events 
selected for MMO participation shall take into account safety, 
logistics, and operational concerns.
    (iv) MMOs shall observe from the same height above water as the 
lookouts.
    (v) The MMOs shall not be part of the Navy's formal reporting chain 
of command during their data collection efforts; Navy lookouts shall 
continue to serve as the primary reporting means within the Navy chain 
of command for

[[Page 163]]

marine mammal sightings. The only exception is that if an animal is 
observed within the shutdown zone that has not been observed by the 
lookout, the MMO shall inform the lookout of the sighting and the 
lookout shall take the appropriate action through the chain of command.
    (vi) The MMOs shall collect species identification, behavior, 
direction of travel relative to the Navy platform, and distance first 
observed. Information collected by MMOs be the same as those collected 
by Navy lookout/watchstanders described in Sec. 218.5(c)(1)(iv).
    (d) The Navy shall complete an Integrated Comprehensive Monitoring 
Program (ICMP) Plan in 2009. This planning and adaptive management tool 
shall include:
    (1) A method for prioritizing monitoring projects that clearly 
describes the characteristics of a proposal that factor into its 
priority.
    (2) A method for annually reviewing, with NMFS, monitoring results, 
Navy R&D, and current science to use for potential modification of 
mitigation or monitoring methods.
    (3) A detailed description of the Monitoring Workshop to be convened 
in 2011 and how and when Navy/NMFS will subsequently utilize the 
findings of the Monitoring Workshop to potentially modify subsequent 
monitoring and mitigation.
    (4) An adaptive management plan.
    (5) A method for standardizing data collection for VACAPES Range 
Complex and across range complexes.
    (e) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy training exercise utilizing underwater 
explosive detonations. The Navy shall provide NMFS with species or 
description of the animal(s), the condition of the animal(s) (including 
carcass condition if the animal is dead), location, time of first 
discovery, observed behaviors (if alive), and photo or video (if 
available).
    (f) Annual VACAPES Range Complex Monitoring Plan Report--The Navy 
shall submit a report annually on March 1 describing the implementation 
and results (through January 1 of the same year) of the VACAPES Range 
Complex Monitoring Plan. Data collection methods shall be standardized 
across range complexes to allow for comparison in different geographic 
locations. Although additional information will also be gathered, the 
MMOs collecting marine mammal data pursuant to the VACAPES Range Complex 
Monitoring Plan shall, at a minimum, provide the same marine mammal 
observation data required in the data required in Sec. 218.5(g). The 
VACAPES Range Complex Monitoring Plan Report may be provided to NMFS 
within a larger report that includes the required Monitoring Plan 
Reports from VACAPES Range Complex and multiple range complexes.
    (g) Annual VACAPES Range Complex Exercise Report--The Navy shall 
provide the information described below for all of their explosive 
exercises. Until the Navy is able to report in full the information 
below, they shall provide an annual update on the Navy's explosive 
tracking methods, including improvements from the previous year.
    (1) Total annual number of each type of explosive exercise (of those 
identified as part of the ``specified activity'' in this final rule) 
conducted in the VACAPES Range Complex.
    (2) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (h) VACAPES Range Complex 5-yr Comprehensive Report--The Navy shall 
submit to NMFS a draft report that analyzes and summarizes all of the 
multi-year marine mammal information gathered during the VACAPES Range 
Complex exercises for which annual reports are required (Annual VACAPES 
Range Complex Exercise Reports and VACAPES Range Complex Monitoring Plan 
Reports). This report shall be submitted at the end of the fourth year 
of the rule (May 2013), covering activities that have occurred through 
December 1, 2012.
    (i) The Navy shall respond to NMFS' comments and requests for 
additional information or clarification on the

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VACAPES Range Complex Comprehensive Report, the Annual VACAPES Range 
Complex Exercise Report, or the Annual VACAPES Range Complex Monitoring 
Plan Report (or the multi-Range Complex Annual Monitoring Plan Report, 
if that is how the Navy chooses to submit the information) if submitted 
within 3 months of receipt. These reports shall be considered final 
after the Navy has addressed NMFS' comments or provided the requested 
information, or three months after the submittal of the draft if NMFS 
does not comment by then.
    (j) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.



Sec. 218.6  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations in 
this subpart, the U.S. citizen (as defined by Sec. 216.103) conducting 
the activity identified in Sec. 218.1(c) (the U.S. Navy) must apply for 
and obtain either an initial Letter of Authorization in accordance with 
Sec. 218.7 or a renewal under Sec. 218.8.



Sec. 218.7  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.8.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.8  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. 216.106 of this 
chapter and Sec. 218.7 for the activity identified in Sec. 218.1(c) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.6 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
218.5(c) through (i); and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.4 and the Letter of 
Authorization issued under Sec. 216.106 of this chapter and Sec. 
218.7, were undertaken and will be undertaken during the upcoming annual 
period of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. 216.106 of this chapter and Sec. 218.8 indicates that a 
substantial modification to the described work, mitigation or monitoring 
undertaken during the upcoming season will occur, NMFS will provide the 
public a period of 30 days for review and comment on the request. Review 
and comment on renewals of Letters of Authorization are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the

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Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from VACAPES Range Complex or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 218.5(j)).
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the ICMP (Sec. 218.5(d)).
    (4) Results from specific stranding investigations (either from the 
VACAPE Range Complex Study Area or other locations, and involving 
coincident explosives training or not involving coincident use).
    (5) Results from general marine mammal and sound research (funded by 
the Navy or otherwise).
    (6) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent Letters of Authorization.



Sec. 218.9  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. 216.106 of 
this chapter and Sec. 218.7 and subject to the provisions of this 
subpart shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 218.8, without 
modification (except for the period of validity), is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.2(c), a Letter of 
Authorization issued pursuant to Sec. 216.106 of this chapter and Sec. 
218.7 may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.



Subpart B_Taking Marine Mammals Incidental to U.S. Navy Training in the 
             Jacksonville Range Complex (JAX Range Complex)

    Source: 74 FR 28365, June 15, 2009, unless otherwise noted.



Sec. 218.10  Specified activity and specified geographical area 
and effective dates.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the JAX Range Complex Operation Areas (OPAREAs), which 
are located along the southern east coast of the U.S. The two principal 
OPAREAs within the JAX Study Area are the Jacksonville OPAREA and the 
Charleston OPAREA (sometimes referred to collectively as the JAX/CHASN 
OPAREA, or simply the OPAREA). The northernmost point of the JAX/CHASN 
OPAREA is located just north of Wilmington, North Carolina 
(34[deg]37[min] N) in waters less than 20 m (65.6 ft) deep, while the 
easternmost boundary lies 281 nm (518.6 km) offshore of Jacksonville, 
Florida (77[deg]00[min] W in waters with a bottom depth of nearly 2,000 
m [1.243 mi]).
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities:
    (1) The use of the explosive munitions, or similar explosive types, 
indicated in paragraph (c)(1)(i) of this section conducted as part of 
the Navy training events, or similar training events, indicated in 
paragraph (c)(1)(ii) of this section:

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    (i) Underwater Explosives:
    (A) AGM-114 (Hellfire missile);
    (B) AGM-65 E/F (Maverick missile);
    (C) Mine Neutralization (20 lb NEW charges);
    (D) 5[sec] Naval Gunfire;
    (E) MK3A2 anti-swimmer concussion grenades.
    (ii) Training Events:
    (A) Mine Neutralization (20 lb NEW charges)--up to 60 exercises over 
the course of 5 years (an average of 12 per year);
    (B) Missile Exercise (MISSILEX) (Air-to-Surface; Hellfire missile)--
up to 350 exercises over the course of 5 years (an average of 70 per 
year);
    (C) Missile Exercise (MISSILEX) (Air-to-Surface; Maverick)--up to 15 
exercises over the course of 5 years (an average of 3 per year);
    (D) FIREX with IMPASS--up to 50 exercises over the course of 5 years 
(an average of 10 per year); and
    (E) Small Arms Training with MK3A2 anti-swimmer concussion grenade 
(0.5 lbs NEW)--up to 400 grenades over the course of 5 years (an average 
of 80 HE grenades used per year).
    (2) [Reserved]
    (d) Regulations are effective June 5, 2011, through June 4, 2016.
    (e) The taking of marine mammals may be authorized in an LOA for the 
explosive types and activities, or similar explosives and activities, 
listed in Sec. 218.10(c) should the amounts (e.g., number of exercises) 
vary from those estimated in Sec. 218.10(c), provided that the 
variation does not result in exceeding the amount of take indicated in 
Sec. 218.11(c).

[74 FR 28365, June 15, 2009, as amended at 76 FR 30554, May 26, 2011]



Sec. 218.11  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 of this chapter and 218.16, the Holder of the Letter of 
Authorization may incidentally, but not intentionally, take marine 
mammals within the area described in Sec. 218.10(b), provided the 
activity is in compliance with all terms, conditions, and requirements 
of this subpart and the appropriate Letter of Authorization.
    (b) The activities identified in Sec. 218.10(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.10(c) is limited to the following species, by 
the indicated method of take and the indicated number of times:
    (1) Level B Harassment:
    (i) Bottlenose dolphin (Tursiops truncatus)--150 (an average of 30 
annually);
    (ii) Pantropical spotted dolphin (Stenella attenuata)--100 (an 
average of 20 annually);
    (iii) Clymene dolphin (S. clymene)--100 (an average of 20 annually);
    (iv) Atlantic spotted dolphin (S. frontalis)--310 (an average of 62 
annually);
    (v) Striped dolphin (S. coeruleoalba)--100 (an average of 20 
annually);
    (vi) Risso's dolphin (Grampus griseus)--150 (an average of 30 
annually);
    (vii) Common dolphin (Delphinus delphis)--150 (an average of 30 
annually);
    (viii) Pilot whales (Globicephala sp.)--100 (an average of 20 
annually);
    (ix) Dwarf or pygmy sperm whales (Kogia sp.)--15 (an average of 3 
annually);
    (x) Beaked whales--100 (an average of 20 annually);
    (xi) Minke whales (Balaenoptera acutorostrata)--15 (an average of 3 
annually).
    (2) Level A Harassment (injury):
    (i) Atlantic spotted dolphin--10 (an average of 2 annually).
    (ii) [Reserved]



Sec. 218.12  Prohibitions.

    Notwithstanding takings contemplated in Sec. 218.11 and authorized 
by a Letter of Authorization issued under Sec. 216.106 of this chapter 
and Sec. 218.16, no person in connection with the activities described 
in Sec. 218.10 may:
    (a) Take any marine mammal not specified in Sec. 218.11(c);
    (b) Take any marine mammal specified in Sec. 218.11(c) other than 
by incidental take as specified in Sec. 218.11(c)(1) and (2);
    (c) Take a marine mammal specified in Sec. 218.11(c) if such taking 
results in

[[Page 167]]

more than a negligible impact on the species or stocks of such marine 
mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this Subpart or a Letter of Authorization issued under 
Sec. 216.106 of this chapter and Sec. 218.16.



Sec. 218.13  Mitigation.

    (a) When conducting training activities identified in Sec. 
218.10(c), the mitigation measures contained in the Letter of 
Authorization issued under Sec. 216.106 of this chapter and Sec. 
218.16 must be implemented. These mitigation measures include, but are 
not limited to:
    (1) General Maritime Measures:
    (i) Personnel Training--Lookouts:
    (A) All bridge personnel, Commanding Officers, Executive Officers, 
officers standing watch on the bridge, maritime patrol aircraft 
aircrews, and Mine Warfare (MIW) helicopter crews shall complete Marine 
Species Awareness Training (MSAT).
    (B) Navy lookouts shall undertake extensive training to qualify as a 
watchstander in accordance with the Lookout Training Handbook (NAVEDTRA 
12968-D).
    (C) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, lookouts shall 
complete the Personal Qualification Standard Program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects).
    (D) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure to 
facilitate implementation of protective measures if marine species are 
spotted.
    (E) Surface lookouts shall scan the water from the ship to the 
horizon and be responsible for all contacts in their sector. In 
searching the assigned sector, the lookout shall always start at the 
forward part of the sector and search aft (toward the back). To search 
and scan, the lookout shall hold the binoculars steady so the horizon is 
in the top third of the field of vision and direct the eyes just below 
the horizon. The lookout shall scan for approximately five seconds in as 
many small steps as possible across the field seen through the 
binoculars. They shall search the entire sector in approximately five-
degree steps, pausing between steps for approximately five seconds to 
scan the field of view. At the end of the sector search, the glasses 
shall be lowered to allow the eyes to rest for a few seconds, and then 
the lookout shall search back across the sector with the naked eye.
    (F) At night, lookouts shall scan the horizon in a series of 
movements that would allow their eyes to come to periodic rests as they 
scan the sector. When visually searching at night, they shall look a 
little to one side and out of the corners of their eyes, paying 
attention to the things on the outer edges of their field of vision. 
Lookouts shall also have night vision devices available for use.
    (ii) Operating Procedures & Collision Avoidance:
    (A) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures Message or Environmental Annex to the Operational Order shall 
be issued to further disseminate the personnel training requirement and 
general marine species mitigation measures.
    (B) Commanding Officers shall make use of marine species detection 
cues and information to limit interaction with marine species to the 
maximum extent possible consistent with safety of the ship.
    (C) While underway, surface vessels shall have at least two lookouts 
with binoculars; surfaced submarines shall have at least one lookout 
with binoculars. Lookouts already posted for safety of navigation and 
man-overboard precautions may be used to fill this requirement. As part 
of their regular duties, lookouts shall watch for and report to the OOD 
the presence of marine mammals.
    (D) Personnel on lookout shall employ visual search procedures 
employing a scanning method in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (E) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the

[[Page 168]]

Lookout Training Handbook (NAVEDTRA 12968-D).
    (F) While in transit, naval vessels shall be alert at all times, use 
extreme caution, and proceed at a ``safe speed'' (the minimum speed at 
which mission goals or safety will not be compromised) so that the 
vessel can take proper and effective action to avoid a collision with 
any marine animal and can be stopped within a distance appropriate to 
the prevailing circumstances and conditions.
    (G) When marine mammals have been sighted in the area, Navy vessels 
shall increase vigilance and implement measures to avoid collisions with 
marine mammals and avoid activities that might result in close 
interaction of naval assets and marine mammals. Such measures shall 
include changing speed and/or course direction and would be dictated by 
environmental and other conditions (e.g., safety or weather).
    (H) Naval vessels shall maneuver to keep at least 500 yds (460 m) 
away from any observed whale and avoid approaching whales head-on. This 
requirement does not apply if a vessel's safety is threatened, such as 
when change of course will create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
their ability to maneuver. Vessels shall take reasonable steps to alert 
other vessels in the vicinity of the whale.
    (I) Where feasible and consistent with mission and safety, vessels 
shall avoid closing to within 200 yds (183 m) of marine mammals other 
than whales (whales addressed above).
    (J) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine species of concern as long as it does not violate safety 
constraints or interfere with the accomplishment of primary operational 
duties. Marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate where it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (K) All vessels shall maintain logs and records documenting training 
operations should they be required for event reconstruction purposes. 
Logs and records shall be kept for a period of 30 days following 
completion of a major training exercise.
    (2) Coordination and Reporting Requirements:
    (i) The Navy shall coordinate with the local NMFS Stranding 
Coordinator for any unusual marine mammal behavior and any stranding, 
beached live/dead, or floating marine mammals that may occur at any time 
during or within 24 hours after completion of training activities.
    (ii) The Navy shall follow internal chain of command reporting 
procedures as promulgated through Navy instructions and orders.
    (3) Mitigation Measures Applicable to Vessel Transit in the Mid-
Atlantic during North Atlantic Right Whale Migration: The mitigation 
measures apply to all Navy vessel transits, including those vessels that 
would transit to and from East Coast ports and the JAX Range Complex 
OPAREA.
    (i) Mid-Atlantic, Offshore of the Eastern United States:
    (A) All Navy vessels are required to use extreme caution and operate 
at a slow, safe speed consistent with mission and safety during the 
months indicated below and within a 37 km (20 nm) arc (except as noted) 
of the specified associated reference points:
    (1) South and East of Block Island (37 km (20 NM) seaward of line 
between 41-4.49[deg] N. lat. 071-51.15[deg] W. long. and 41-18.58[deg] 
N. lat. 070-50.23[deg] W. long): Sept-Oct and Mar-Apr
    (2) New York/New Jersey (40-30.64[deg] N. lat. 073-57.76[deg] W. 
long.): Sep-Oct and Feb-Apr.
    (3) Delaware Bay (Philadelphia) (38-52.13[deg] N. lat. 075-1.93[deg] 
W. long.): Oct-Dec and Feb-Mar.
    (4) Chesapeake Bay (Hampton Roads and Baltimore) (37-1.11[deg] N. 
lat. 075-57.56[deg] W. long.): Nov-Dec and Feb-Apr.
    (5) North Carolina (34-41.54[deg] N. lat. 076-40.20[deg] W. long.): 
Dec-Apr
    (6) South Carolina (33-11.84[deg] N. lat. 079-8.99[deg] W. long. and 
32-43.39[deg] N. lat. 079-48.72[deg] W. long.): Oct-Apr
    (B) During the months indicated in paragraph (a)(3)(i)(A) of this 
section,

[[Page 169]]

Navy vessels shall practice increased vigilance with respect to 
avoidance of vessel-whale interactions along the mid-Atlantic coast, 
including transits to and from any mid-Atlantic ports not specifically 
identified in paragraph (a)(3)(i)(A) of this section.
    (C) All surface units transiting within 56 km (30 NM) of the coast 
in the mid-Atlantic shall ensure at least two watchstanders are posted, 
including at least one lookout who has completed required MSAT training.
    (D) Navy vessels shall not knowingly approach any whale head on and 
shall maneuver to keep at least 457 m (1,500 ft) away from any observed 
whale, consistent with vessel safety.
    (ii) Southeast Atlantic, Offshore of the Eastern United States--for 
the purposes of the measures below (paragraphs (a)(3)(ii)(A) & (B) of 
this section), the ``southeast'' encompasses sea space from Charleston, 
South Carolina, southward to Sebastian Inlet, Florida, and from the 
coast seaward to 148 km (80 NM) from shore. North Atlantic right whale 
critical habitat is the area from 31-15[deg] N. lat. to 30-15[deg] N. 
lat. extending from the coast out to 28 km (15 NM), and the area from 
28-00[deg] N. lat. to 30-15[deg] N. lat. from the coast out to 9 km (5 
NM). All mitigation measures described here that apply to the critical 
habitat apply from November 15--April 15 and also apply to an associated 
area of concern which extends 9 km (5 NM) seaward of the designated 
critical habitat boundaries.
    (A) Prior to transiting or training in the critical habitat or 
associated area of concern, ships shall contact Fleet Area Control and 
Surveillance Facility, Jacksonville, to obtain latest whale sighting and 
other information needed to make informed decisions regarding safe speed 
(the minimum speed at which mission goals or safety will not be 
compromised) and path of intended movement. Subs shall contact 
Commander, Submarine Group Ten for similar information.
    (B) The following specific mitigation measures apply to activities 
occurring within the North Atlantic right whale critical habitat and an 
associated area of concern which extends 9 km (5 NM) seaward of the 
designated critical habitat boundaries:
    (1) When transiting within the critical habitat or associated area 
of concern, vessels shall exercise extreme caution and proceed at a slow 
safe speed. The speed shall be the slowest safe speed that is consistent 
with mission, training and operations.
    (2) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less than 12 hours old. Circumstances could arise 
where, in order to avoid North Atlantic right whale(s), speed reductions 
could mean vessels must reduce speed to a minimum at which it can safely 
keep on course or vessels could come to an all stop.
    (3) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed safe to do so. These 
requirements do not apply if a vessel's safety is threatened, such as 
when a change of course would create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
the ability to maneuver.
    (4) During the North Atlantic right whale calving season, north-
south transits through the critical habitat are prohibited, except for 
Precision Anchoring drills and the Shipboard Electronic System 
Evaluation Facility range that necessarily operate at slow, safe speed.
    (5) Ships, surfaced subs, and aircraft shall report any whale 
sightings to Fleet Area Control and Surveillance Facility, Jacksonville, 
by the quickest and most practicable means. The sighting report shall 
include the time, latitude/longitude, direction of movement and number 
and description of whale (i.e., adult/calf).
    (6) Naval vessel operations in the North Atlantic right whale 
critical habitat and AAOC during the calving season shall be undertaken 
during daylight and periods of good visibility, to the extent 
practicable and consistent with mission, training, and operation. When 
operating in the critical habitat and AAOC at night or during periods of 
poor visibility, vessels shall operate as if in the vicinity of a 
recently reported NARW sighting.

[[Page 170]]

    (iii) Northeast Atlantic, Offshore of the Eastern United States:
    (A) Prior to transiting the Great South Channel or Cape Cod Bay 
critical habitat areas, ships shall obtain the latest North Atlantic 
right whale sightings and other information needed to make informed 
decisions regarding safe speed (the minimum speed at which mission goals 
or safety will not be compromised). The Great South Channel critical 
habitat is defined by the following coordinates: 41-00[deg] N. lat., 69-
05[deg] W. long.; 41-45[deg] N. lat, 69-45[deg] W. long; 42-10[deg] N. 
lat., 68-31[deg] W. long.; 41-38[deg] N. lat., 68-13[deg] W. long. The 
Cape Cod Bay critical habitat is defined by the following coordinates: 
42-04.8[deg] N. lat., 70-10[deg] W. long.; 42-12[deg] N. lat., 70-
15[deg] W. long.; 42-12[deg] N. lat., 70-30[deg] W. long.; 41-46.8[deg] 
N. lat., 70-30[deg] W. long.
    (B) Ships, surfaced subs, and aircraft shall report any North 
Atlantic right whale sightings (if the whale is identifiable as a right 
whale) off the northeastern U.S. to Patrol and Reconnaissance Wing 
(COMPATRECONWING). The report shall include the time of sighting, lat/
long, direction of movement (if apparent) and number and description of 
the whale(s).
    (C) Vessels or aircraft that observe whale carcasses shall record 
the location and time of the sighting and report this information as 
soon as possible to the cognizant regional environmental coordinator. 
All whale strikes must be reported immediately. This report shall 
include the date, time, and location of the strike; vessel course and 
speed; operations being conducted by the vessel; weather conditions, 
visibility, and sea state; description of the whale; narrative of 
incident; and indication of whether photos/videos were taken. Navy 
personnel are encouraged to take photos whenever possible.
    (D) Specific mitigation measures related to activities occurring 
within the critical habitat include the following:
    (1) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed safe to do so. These 
requirements do not apply if a vessel's safety is threatened, such as 
when change of course would create an imminent and serious threat to 
person, vessel, or aircraft, and to the extent vessels are restricted in 
the ability to maneuver.
    (2) When transiting within the critical habitat or associated area 
of concern, vessels shall use extreme caution and operate at a safe 
speed (the minimum speed at which mission goals or safety will not be 
compromised) so as to be able to avoid collisions with North Atlantic 
right whales and other marine mammals, and stop within a distance 
appropriate to the circumstances and conditions.
    (3) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less than one week old.
    (4) Ships transiting in the Cape Cod Bay and Great South Channel 
critical habitats shall obtain information on recent whale sightings in 
the vicinity of the critical habitat. Any vessel operating in the 
vicinity of a North Atlantic right whale shall consider additional speed 
reductions as per Rule 6 of International Navigational Rules.
    (4) Mitigation Measures for Specific At-sea Training Events--If a 
marine mammal is injured or killed as a result of the proposed Navy 
training activities (e.g., instances in which it is clear that munitions 
explosions caused death), the Navy shall suspend its activities 
immediately and report such incident to NMFS.
    (i) Firing Exercise (FIREX) Using the Integrated Maritime Portable 
Acoustic Scoring System (IMPASS) (5-in Explosive Rounds):
    (A) This activity shall only occur in Areas BB and CC, or in similar 
areas that will not result in marine mammal takes exceeding the amount 
indicated in Sec. 216.11(c).
    (B) During North Atlantic right whale calving season no explosive 
ordnance shall be used.
    (C) Pre-exercise monitoring of the target area shall be conducted 
with ``Big Eyes'' prior to the event, during deployment of the IMPASS 
sonobuoy array, and during return to the firing position. Ships shall 
maintain a lookout dedicated to visually searching for marine mammals 
180[deg] along the ship track line and 360[deg] at each buoy drop-off 
location.

[[Page 171]]

    (D) ``Big Eyes'' on the ship shall be used to monitor a 600 yard 
(548 m) buffer zone for marine mammals during naval-gunfire events.
    (E) Ships shall not fire on the target if any marine mammals are 
detected within or approaching the 600 yd (548 m) buffer zone until the 
area is cleared. If marine mammals are present, operations shall be 
suspended. Visual observation shall occur for approximately 45 minutes, 
or until the animal has been observed to have cleared the area and is 
heading away from the buffer zone.
    (F) Post-exercise monitoring of the entire target area shall take 
place with ``Big Eyes'' and the naked eye during the retrieval of the 
IMPASS sonobuoy array following each firing exercise.
    (G) FIREX with IMPASS shall take place during daylight hours only.
    (H) FIREX with IMPASS shall only be used in Beaufort Sea State three 
(3) or less.
    (I) The visibility must be such that the fall of shot is visible 
from the firing ship during the exercise.
    (J) No firing shall occur if marine mammals are detected within 70 
yards (64 m) of the vessel.
    (ii) Air-to-Surface Missile Exercises (Explosive):
    (A) Aircraft shall initially survey the intended ordnance impact 
area for marine mammals.
    (B) During the actual firing of the weapon, the aircraft involved 
must be able to observe the intended ordnance impact area to ensure the 
area is free of marine mammals transiting the range.
    (C) Visual inspection of the target area shall be made by flying at 
1,500 ft (457 m) altitude or lower, if safe to do so, and at slowest 
safe speed.
    (D) Explosive ordnance shall not be targeted to impact within 1,800 
yd (1,646 m) of sighted marine mammals.
    (iii) Mine Neutralization Training Involving Underwater Detonations 
(up to and including 20-lb charges):
    (A) This activity shall only occur in Undet North and Undet South of 
the JAX Range Complex.
    (B) Observers shall survey the Zone of Influence (ZOI), a 700 yd 
(640 m) radius from detonation location for marine mammals from all 
participating vessels during the entire operation. A survey of the ZOI 
(minimum of 3 parallel tracklines 219 yd [200 m] apart) using support 
craft shall be conducted at the detonation location 30 minutes prior 
through 30 minutes post detonation. Aerial survey support shall be 
utilized whenever assets are available.
    (C) Detonation operations shall be conducted during daylight hours 
only.
    (D) If a marine mammal is sighted within the ZOI, the animal shall 
be allowed to leave of its own volition. The Navy shall suspend 
detonation exercises and ensure the area is clear of marine mammals for 
a full 30 minutes prior to detonation.
    (E) Divers placing the charges on mines and dive support vessel 
personnel shall survey the area for marine mammals and shall report any 
sightings to the surface observers. These animals shall be allowed to 
leave of their own volition and the ZOI shall be clear of marine mammals 
for 30 minutes prior to detonation.
    (F) No detonations shall take place within 3.2 nm (6 km) of an 
estuarine inlet.
    (G) No detonations shall take place within 1.6 nm (3 km) of 
shoreline.
    (H) Personnel shall record any protected species observations during 
the exercise as well as measures taken if species are detected within 
the ZOI.
    (iv) Small Arms Training--Explosive hand grenades (such as the MK3A2 
grenades):
    (A) Lookouts shall visually survey for marine mammals prior to and 
during exercise.
    (B) A 200 yd (182 m) radius buffer zone shall be established around 
the intended target. The exercises shall be conducted only if the buffer 
zone is clear of marine mammals.

[74 FR 28365, June 15, 2009, as amended at 76 FR 30554, May 26, 2011]



Sec. 218.14  Requirements for monitoring and reporting.

    (a) The Holder of the Letter of Authorization issued pursuant to 
Sec. 216.106 of this chapter and Sec. 218.16 for activities described 
in Sec. 218.10(b) is required to cooperate with the NMFS when 
monitoring the impacts of the activity on marine mammals.
    (b) The Holder of the Authorization must notify NMFS immediately (or 
as

[[Page 172]]

soon as clearance procedures allow) if the specified activity identified 
in Sec. 218.10(b) is thought to have resulted in the mortality or 
serious injury of any marine mammals, or in any take of marine mammals 
not identified in Sec. 218.10(c).
    (c) The Navy must conduct all monitoring and required reporting 
under the Letter of Authorization, including abiding by the JAX Range 
Complex Monitoring Plan, which is incorporated herein by reference, and 
which requires the Navy to implement, at a minimum, the monitoring 
activities summarized below:
    (1) Vessel or aerial surveys:
    (i) The Holder of this Authorization shall visually survey a minimum 
of 2 explosive events per year, one of which shall be a multiple 
detonation event. One of the vessel or aerial surveys should involve 
professionally trained marine mammal observers (MMOs).
    (ii) When operationally feasible, for specified training events, 
aerial or vessel surveys shall be used 1-2 days prior to, during (if 
reasonably safe), and 1-5 days post detonation.
    (iii) Surveys shall include any specified exclusion zone around a 
particular detonation point plus 2,000 yards beyond the border of the 
exclusion zone (i.e., the circumference of the area from the border of 
the exclusion zone extending 2,000 yards outwards). For vessel-based 
surveys a passive acoustic system (hydrophone or towed array) could be 
used to determine if marine mammals are in the area before and/or after 
a detonation event.
    (iv) When conducting a particular survey, the survey team shall 
collect:
    (A) Location of sighting;
    (B) Species (if not possible, indicate whale, dolphin or pinniped);
    (C) Number of individuals;
    (D) Whether calves were observed;
    (E) Initial detection sensor;
    (F) Length of time observers maintained visual contact with marine 
mammal;
    (G) Wave height;
    (H) Visibility;
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after;
    (J) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated);
    (K) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animal(s) (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction;
    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long; and
    (M) If observation occurs while explosives are detonating in the 
water, indicate munition type in use at time of marine mammal detection.
    (2) Passive acoustic monitoring--the Navy shall conduct passive 
acoustic monitoring when operationally feasible.
    (i) Any time a towed hydrophone array is employed during shipboard 
surveys, the towed array shall be deployed during daylight hours for 
each of the days the ship is at sea.
    (ii) The towed hydrophone array shall be used to supplement the 
ship-based systematic line-transect surveys (particularly for species 
such as beaked whales that are rarely seen).
    (iii) The array shall have the capability of detecting low frequency 
vocalizations (<1,000 Hz) for baleen whales and relatively high 
frequency (up to 30 kHz) for odontocetes. The use of two simultaneously 
deployed arrays can also allow more accurate localization and 
determination of diving patterns.
    (3) Marine mammal observers on Navy platforms:
    (i) As required in Sec. 218.14(c)(1), MMOs selected for aerial or 
vessel survey shall be placed on a Navy platform during one of the 
explosive exercises being monitored per year, the other designated 
exercise shall be monitored by the Navy lookouts/watchstanders.
    (ii) The MMO must possess expertise in species identification of 
regional marine mammal species and experience collecting behavioral 
data.

[[Page 173]]

    (iii) MMOs shall not be placed aboard Navy platforms for every Navy 
training event or major exercise, but during specifically identified 
opportunities deemed appropriate for data collection efforts. The events 
selected for MMO participation shall take into account safety, 
logistics, and operational concerns.
    (iv) MMOs shall observe from the same height above water as the 
lookouts.
    (v) The MMOs shall not be part of the Navy's formal reporting chain 
of command during their data collection efforts; Navy lookouts shall 
continue to serve as the primary reporting means within the Navy chain 
of command for marine mammal sightings. The only exception is that if an 
animal is observed within the shutdown zone that has not been observed 
by the lookout, the MMO shall inform the lookout of the sighting and the 
lookout shall take the appropriate action through the chain of command.
    (vi) The MMOs shall collect species identification, behavior, 
direction of travel relative to the Navy platform, and distance first 
observed. Information collected by MMOs shall be the same as those 
collected by Navy lookout/watchstanders described in Sec. 
218.14(c)(1)(iv).
    (d) The Navy shall complete an Integrated Comprehensive Monitoring 
Program (ICMP) Plan in 2009. This planning and adaptive management tool 
shall include:
    (1) A method for prioritizing monitoring projects that clearly 
describes the characteristics of a proposal that factor into its 
priority.
    (2) A method for annually reviewing, with NMFS, monitoring results, 
Navy R&D, and current science to use for potential modification of 
mitigation or monitoring methods.
    (3) A detailed description of the Monitoring Workshop to be convened 
in 2011 and how and when Navy/NMFS will subsequently utilize the 
findings of the Monitoring Workshop to potentially modify subsequent 
monitoring and mitigation.
    (4) An adaptive management plan.
    (5) A method for standardizing data collection for JAX Range Complex 
and across range complexes.
    (e) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy training exercise utilizing underwater 
explosive detonations. The Navy shall provide NMFS with species or 
description of the animal(s), the condition of the animal(s) (including 
carcass condition if the animal is dead), location, time of first 
discovery, observed behaviors (if alive), and photo or video (if 
available).
    (f) Annual JAX Range Complex Monitoring Plan Report--The Navy shall 
submit a report annually on March 1 describing the implementation and 
results (through January 1 of the same year) of the JAX Range Complex 
Monitoring Plan. Data collection methods will be standardized across 
range complexes to allow for comparison in different geographic 
locations. Although additional information will also be gathered, the 
MMOs collecting marine mammal data pursuant to the JAX Range Complex 
Monitoring Plan shall, at a minimum, provide the same marine mammal 
observation data required in Sec. 218.14(g). The JAX Range Complex 
Monitoring Plan Report may be provided to NMFS within a larger report 
that includes the required Monitoring Plan Reports from JAX Range 
Complex and multiple range complexes.
    (g) Annual JAX Range Complex Exercise Report--The Navy shall provide 
the information described below for all of their explosive exercises. 
Until the Navy is able to report in full the information below, they 
shall provide an annual update on the Navy's explosive tracking methods, 
including improvements from the previous year.
    (i) Total annual number of each type of explosive exercise (of those 
identified as part of the ``specified activity'' in this final rule) 
conducted in the JAX Range Complex.
    (ii) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (h) JAX Range Complex 5-yr Comprehensive Report--The Navy shall

[[Page 174]]

submit to NMFS a draft report that analyzes and summarizes all of the 
multi-year marine mammal information gathered during the JAX Range 
Complex exercises for which annual reports are required (Annual JAX 
Range Complex Exercise Reports and JAX Range Complex Monitoring Plan 
Reports). This report shall be submitted at the end of the fourth year 
of the rule (May 2013), covering activities that have occurred through 
December 1, 2012.
    (i) The Navy shall respond to NMFS' comments and requests for 
additional information or clarification on the JAX Range Complex 
Comprehensive Report, the Annual JAX Range Complex Exercise Report, or 
the Annual JAX Range Complex Monitoring Plan Report (or the multi-Range 
Complex Annual Monitoring Plan Report, if that is how the Navy chooses 
to submit the information) if submitted within 3 months of receipt. 
These reports will be considered final after the Navy has addressed 
NMFS' comments or provided the requested information, or three months 
after the submittal of the draft if NMFS does not comment by then.
    (j) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.



Sec. 218.15  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. citizen (as defined by Sec. 216.103 of this chapter) 
conducting the activity identified in Sec. 218.10(a) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance with Sec. 218.16 or a renewal under Sec. 218.17.



Sec. 218.16  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.17.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.17  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. 216.106 and Sec. 
218.16 of this chapter for the activity identified in Sec. 218.10(c) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.15 shall be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
218.14; and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.13 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 218.16 of this chapter 
were undertaken and will be undertaken during the upcoming annual period 
of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.17 of this chapter indicates that a 
substantial modification to the described work, mitigation or monitoring 
undertaken during the upcoming season will occur, NMFS will provide the 
public a period of 30 days

[[Page 175]]

for review and comment on the request. Review and comment on renewals of 
Letters of Authorization are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from JAX Study Area or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 218.14(j)).
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the ICMP (Sec. 218.14(d)).
    (4) Results from specific stranding investigations (either from the 
JAX Range Complex Study Area or other locations).
    (5) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).
    (6) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent Letters of Authorization.



Sec. 218.18  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. 216.106 of 
this chapter and Sec. 218.16 and subject to the provisions of this 
subpart shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 218.17, without 
modification (except for the period of validity), is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.11(b), a Letter of 
Authorization issued pursuant to Sec. 216.106 of this chapter and Sec. 
218.16 may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.



Subpart C_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                       Cherry Point Range Complex

    Source: 74 FR 28385, June 15, 2009, unless otherwise noted.



Sec. 218.20  Specified activity and specified geographical area and 
effective dates.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the Cherry Point Range Complex Operation Area (OPAREA), 
which is located along the southern east coast of the U.S., as stated in 
the Navy's letter of authorization application. The coordinates of the 
Cherry Point Range Complex OPAREA are: 35[deg]30[min] N, 75[deg]25[min] 
W; 34[deg]14[min] N, 73[deg]57[min] W; 32[deg]12[min] N, 76[deg]49[min] 
W; 32[deg]20[min] N, 77[deg]20[min] W; 33[deg]10[min] N, 77[deg]31[min] 
W; and 34[deg]23[min]30[sec] N, 77[deg]30[min] W; then along the 3 nm 
from and parallel to the shoreline.

[[Page 176]]

    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities within the designated 
amounts of use:
    (1) The detonation of the underwater explosives indicated in 
paragraph (c)(1)(i) of this section conducted as part of the training 
events indicated in paragraph (c)(1)(ii) of this section:
    (i) Underwater Explosives:
    (A) AGM-114 (Hellfire missile);
    (B) Tube-launched Optically tracked Wire-guided (TOW) missile;
    (C) Mine Neutralization (20 lb NEW charges); and
    (D) 5[sec] Naval Gunfire.
    (ii) Training Exercises:
    (A) Mine Neutralization (20 lb NEW charges)--up to 100 exercises 
over the course of 5 years (an average of 20 per year);
    (B) Missile Exercise (MISSILEX) (Air-to-Surface; Hellfire missile)--
up to 40 exercises over the course of 5 years (an average of 8 per 
year);
    (C) Missile Exercise (MISSILEX) (Air-to-Surface; TOW)--up to 40 
exercises over the course of 5 years (an average of 8 per year); and
    (D) FIREX with IMPASS--up to 10 exercises over the course of 5 years 
(an average of 2 per year).
    (2) [Reserved]
    (d) Regulations are effective [June 8, 2009] and are applicable to 
the Navy on June 5, 2009 through June 4, 2014.



Sec. 218.21  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 of this chapter and 218.26, the Holder of the Letter of 
Authorization may incidentally, but not intentionally, take marine 
mammals within the area described in Sec. 218.20(b), provided the 
activity is in compliance with all terms, conditions, and requirements 
of this Subpart and the appropriate Letter of Authorization.
    (b) The activities identified in Sec. 218.20(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.20(c) is limited to the following species, by 
the indicated method of take and the indicated number of times:
    (1) Level B Harassment:
    (i) Bottlenose dolphin (Tursiops truncatus)--150 (an average of 30 
annually);
    (ii) Pantropical spotted dolphin (Stenella attenuata)--100 (an 
average of 20 annually);
    (iii) Clymene dolphin (S. clymene)--150 (an average of 30 annually);
    (iv) Atlantic spotted dolphin (S. frontalis)--100 (an average of 20 
annually);
    (v) Striped dolphin (S. coeruleoalba)--100 (an average of 20 
annually);
    (vi) Spinner dolphin (S. longirostris)--15 (an average of 3 
annually):
    (vii) Risso's dolphin (Grampus griseus)--150 (an average of 30 
annually);
    (viii) Common dolphin (Delphinus delphis)--100 (an average of 20 
annually);
    (ix) Atlantic white-sided dolphin (Lagenorhynchus acutus)--100 (an 
average of 20 annually);
    (x) Pilot whales (Globicephala sp.)--100 (an average of 20 
annually);
    (xi) Dwarf or pygmy sperm whales (Kogia sp.)--15 (an average of 3 
annually);
    (xii) Beaked whales--100 (an average of 20 annually);
    (xiii) Fraser's dolphin (Lagenodelphis hosei)--15 (an average of 3 
annually);
    (xiv) Melon-headed whale (Peponocephala electra)--15 (an average of 
3 annually);
    (xv) Pygmy killer whale (Feresa attenuate)--15 (an average of 3 
annually);
    (xvi) Killer whale (Orcinus orca)--15 (an average of 3 annually);
    (xvii) Minke whales (Balaenoptera acutorostrata)--15 (an average of 
3 annually).
    (2) [Reserved]



Sec. 218.22  Prohibitions.

    Notwithstanding takings contemplated in Sec. 218.21 and authorized 
by a Letter of Authorization issued under Sec. Sec. 216.106 of this 
chapter and 218.26, no person in connection with the activities 
described in Sec. 218.20 may:
    (a) Take any marine mammal not specified in Sec. 218.21(c);

[[Page 177]]

    (b) Take any marine mammal specified in Sec. 218.21(c) other than 
by incidental take as specified in Sec. 218.21(b)(1) and (2);
    (c) Take a marine mammal specified in Sec. 218.21(c) if such taking 
results in more than a negligible impact on the species or stocks of 
such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this Subpart or a Letter of Authorization issued under 
Sec. Sec. 216.106 of this chapter and 218.26.



Sec. 218.23  Mitigation.

    (a) When conducting training activities identified in Sec. 
218.20(c), the mitigation measures contained in the Letters of 
Authorization issued under Sec. Sec. 216.106 of this chapter and 218.26 
must be implemented. These mitigation measures include, but are not 
limited to:
    (1) General Maritime Measures:
    (i) Personnel Training--Lookouts:
    (A) All bridge personnel, Commanding Officers, Executive Officers, 
officers standing watch on the bridge, maritime patrol aircraft 
aircrews, and Mine Warfare (MIW) helicopter crews shall complete Marine 
Species Awareness Training (MSAT).
    (B) Navy lookouts shall undertake extensive training to qualify as a 
watchstander in accordance with the Lookout Training Handbook (NAVEDTRA 
12968-D).
    (C) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, lookouts shall 
complete the Personal Qualification Standard Program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects).
    (D) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure to 
facilitate implementation of protective measures if marine species are 
spotted.
    (E) Surface lookouts shall scan the water from the ship to the 
horizon and be responsible for all contacts in their sector. In 
searching the assigned sector, the lookout shall always start at the 
forward part of the sector and search aft (toward the back). To search 
and scan, the lookout shall hold the binoculars steady so the horizon is 
in the top third of the field of vision and direct the eyes just below 
the horizon. The lookout shall scan for approximately five seconds in as 
many small steps as possible across the field seen through the 
binoculars. They shall search the entire sector in approximately five-
degree steps, pausing between steps for approximately five seconds to 
scan the field of view. At the end of the sector search, the glasses 
shall be lowered to allow the eyes to rest for a few seconds, and then 
the lookout shall search back across the sector with the naked eye.
    (F) At night, lookouts shall scan the horizon in a series of 
movements that would allow their eyes to come to periodic rests as they 
scan the sector. When visually searching at night, they shall look a 
little to one side and out of the corners of their eyes, paying 
attention to the things on the outer edges of their field of vision. 
Lookouts shall also have night vision devices available for use.
    (ii) Operating Procedures and Collision Avoidance:
    (A) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures Message or Environmental Annex to the Operational Order shall 
be issued to further disseminate the personnel training requirement and 
general marine species mitigation measures.
    (B) Commanding Officers shall make use of marine species detection 
cues and information to limit interaction with marine species to the 
maximum extent possible consistent with safety of the ship.
    (C) While underway, surface vessels shall have at least two lookouts 
with binoculars; surfaced submarines shall have at least one lookout 
with binoculars. Lookouts already posted for safety of navigation and 
man-overboard precautions may be used to fill this requirement. As part 
of their regular duties, lookouts shall watch for and report to the OOD 
the presence of marine mammals.
    (D) Personnel on lookout shall employ visual search procedures 
employing a scanning method in accordance

[[Page 178]]

with the Lookout Training Handbook (NAVEDTRA 12968-D).
    (E) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook 
(NAVEDTRA 12968-D).
    (F) While in transit, naval vessels shall be alert at all times, use 
extreme caution, and proceed at a ``safe speed'' (the minimum speed at 
which mission goals or safety will not be compromised) so that the 
vessel can take proper and effective action to avoid a collision with 
any marine animal and can be stopped within a distance appropriate to 
the prevailing circumstances and conditions.
    (G) When marine mammals have been sighted in the area, Navy vessels 
shall increase vigilance and implement measures to avoid collisions with 
marine mammals and avoid activities that might result in close 
interaction of naval assets and marine mammals. Such measures shall 
include changing speed and/or course direction and would be dictated by 
environmental and other conditions (e.g., safety or weather).
    (H) Naval vessels shall maneuver to keep at least 500 yds (460 m) 
away from any observed whale and avoid approaching whales head-on. This 
requirement does not apply if a vessel's safety is threatened, such as 
when change of course will create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
their ability to maneuver. Vessels shall take reasonable steps to alert 
other vessels in the vicinity of the whale.
    (I) Where feasible and consistent with mission and safety, vessels 
shall avoid closing to within 200-yd (183 m) of marine mammals other 
than whales (whales addressed above).
    (J) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine species of concern as long as it does not violate safety 
constraints or interfere with the accomplishment of primary operational 
duties. Marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate where it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (K) All vessels shall maintain logs and records documenting training 
operations should they be required for event reconstruction purposes. 
Logs and records shall be kept for a period of 30 days following 
completion of a major training exercise.
    (2) Coordination and Reporting Requirements. (i) The Navy shall 
coordinate with the local NMFS Stranding Coordinator for any unusual 
marine mammal behavior and any stranding, beached live/dead, or floating 
marine mammals that may occur at any time during training activities or 
within 24 hours after completion of training activities.
    (ii) The Navy shall follow internal chain of command reporting 
procedures as promulgated through Navy instructions and orders.
    (3) Mitigation Measures Applicable to Vessel Transit in the Mid-
Atlantic during North Atlantic Right Whale Migration: The mitigation 
measures apply to all Navy vessel transits, including those vessels that 
would transit to and from East Coast ports and the Cherry Point OPAREA.
    (i) Mid-Atlantic, Offshore of the Eastern United States:
    (A) All Navy vessels are required to use extreme caution and operate 
at a slow, safe speed (at a speed that does not compromise safety of 
navigation) consistent with mission and safety during the months 
indicated below and within a 37 km (20 NM) arc (except as noted) of the 
specified associated reference points:
    (1) South and East of Block Island (37 km (20 NM) seaward of line 
between 41-4.49[deg] N. lat. 071-51.15[deg] W. long. and 41-18.58[deg] 
N. lat. 070-50.23[deg] W. long): Sept-Oct and Mar-Apr.
    (2) New York/New Jersey (40-30.64[deg] N. lat. 073-57.76[deg] W. 
long.): Sep-Oct and Feb-Apr.
    (3) Delaware Bay (Philadelphia) (38-52.13[deg] N. lat. 075-1.93[deg] 
W. long.): Oct-Dec and Feb-Mar.
    (4) Chesapeake Bay (Hampton Roads and Baltimore) (37-1.11[deg] N. 
lat. 075-57.56[deg] W. long.): Nov-Dec and Feb-Apr.

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    (5) North Carolina (34-41.54[deg] N. lat. 076-40.20[deg] W. long.): 
Dec-Apr.
    (6) South Carolina (33-11.84[deg] N. lat. 079-8.99[deg] W. long. and 
32-43.39[deg] N. lat. 079-48.72[deg] W. long.): Oct-Apr.
    (B) During the months indicated in paragraph (a)(3)(i)(A) of this 
section, Navy vessels shall practice increased vigilance with respect to 
avoidance of vessel-whale interactions along the mid-Atlantic coast, 
including transits to and from any mid-Atlantic ports not specifically 
identified in paragraph (a)(3)(i)(A) of this section.
    (C) All surface units transiting within 56 km (30 NM) of the coast 
in the mid-Atlantic shall ensure at least two watchstanders are posted, 
including at least one lookout who has completed required MSAT training.
    (D) Navy vessels shall not knowingly approach any whale head on and 
shall maneuver to keep at least 457 m (1,500 ft) away from any observed 
whale, consistent with vessel safety.
    (ii) Southeast Atlantic, Offshore of the Eastern United States--for 
the purposes of the measures below (paragraphs (a)(3)(ii)(A) & (B) of 
this section), the ``southeast'' encompasses sea space from Charleston, 
South Carolina, southward to Sebastian Inlet, Florida, and from the 
coast seaward to 148 km (80 NM) from shore. North Atlantic right whale 
critical habitat is the area from 31-15[deg] N. lat. to 30-15[deg] N. 
lat. extending from the coast out to 28 km (15 NM), and the area from 
28-00[deg] N. lat. to 30-15[deg] N. lat. from the coast out to 9 km (5 
NM). All mitigation measures described here that apply to the critical 
habitat apply from November 15--April 15 and also apply to an associated 
area of concern which extends 9 km (5 NM) seaward of the designated 
critical habitat boundaries.
    (A) Prior to transiting or training in the critical habitat or 
associated area of concern (AAOC), ships shall contact Fleet Area 
Control and Surveillance Facility, Jacksonville, to obtain latest whale 
sighting and other information needed to make informed decisions 
regarding safe speed (the minimum speed at which mission goals or safety 
will not be compromised) and path of intended movement. Subs shall 
contact Commander, Submarine Group Ten for similar information.
    (B) The following specific mitigation measures apply to activities 
occurring within the North Atlantic right whale critical habitat and an 
associated area of concern which extends 9 km (5 NM) seaward of the 
designated critical habitat boundaries:
    (1) When transiting within the critical habitat or associated area 
of concern, vessels shall exercise extreme caution and proceed at a slow 
safe speed. The speed shall be the slowest safe speed that is consistent 
with mission, training and operations.
    (2) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less than 12 hours old. Circumstances could arise 
where, in order to avoid North Atlantic right whale(s), speed reductions 
could mean vessels must reduce speed to a minimum at which it can safely 
keep on course or vessels could come to an all stop.
    (3) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed safe to do so. These 
requirements do not apply if a vessel's safety is threatened, such as 
when a change of course would create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
the ability to maneuver.
    (4) During the North Atlantic right whale calving season, north-
south transits through the critical habitat are prohibited.
    (5) Ships, surfaced subs, and aircraft shall report any whale 
sightings to Fleet Area Control and Surveillance Facility, Jacksonville, 
by the quickest and most practicable means. The sighting report shall 
include the time, latitude/longitude, direction of movement and number 
and description of whale (i.e., adult/calf).
    (6) Naval vessel operations in the North Atlantic right whale 
critical habitat and AAOC during the calving season shall be undertaken 
during daylight and periods of good visibility, to the extent 
practicable and consistent with mission, training, and operation. When 
operating in the critical habitat and AAOC at night or during periods of

[[Page 180]]

poor visibility, vessels shall operate as if in the vicinity of a 
recently reported NARW sighting.
    (iii) Northeast Atlantic, Offshore of the Eastern United States:
    (A) Prior to transiting the Great South Channel or Cape Cod Bay 
critical habitat areas, ships shall obtain the latest North Atlantic 
right whale sightings and other information needed to make informed 
decisions regarding safe speed (the minimum speed at which mission goals 
or safety will not be compromised). The Great South Channel critical 
habitat is defined by the following coordinates: 41-00[deg] N. lat., 69-
05[deg] W. long.; 41-45[deg] N. lat, 69-45[deg] W. long; 42-10[deg] N. 
lat., 68-31[deg] W. long.; 41-38[deg] N. lat., 68-13[deg] W. long. The 
Cape Cod Bay critical habitat is defined by the following coordinates: 
42-04.8[deg] N. lat., 70-10[deg] W. long.; 42-12[deg] N. lat., 70-
15[deg] W. long.; 42-12[deg] N. lat., 70-30[deg] W. long.; 41-46.8[deg] 
N. lat., 70-30[deg] W. long.
    (B) Ships, surfaced subs, and aircraft shall report any North 
Atlantic right whale sightings (if the whale is identifiable as a right 
whale) off the northeastern U.S. to Patrol and Reconnaissance Wing 
(COMPATRECONWING). The report shall include the time of sighting, lat/
long, direction of movement (if apparent) and number and description of 
the whale(s).
    (C) Vessels or aircraft that observe whale carcasses shall record 
the location and time of the sighting and report this information as 
soon as possible to the cognizant regional environmental coordinator. 
All whale strikes must be reported. This report shall include the date, 
time, and location of the strike; vessel course and speed; operations 
being conducted by the vessel; weather conditions, visibility, and sea 
state; description of the whale; narrative of incident; and indication 
of whether photos/videos of the whale were taken. Navy personnel are 
encouraged to take photos of the whale whenever possible.
    (D) Specific mitigation measures related to activities occurring 
within the critical habitat include the following:
    (1) Vessels shall avoid head-on approaches to North Atlantic right 
whale(s) and shall maneuver to maintain at least 457 m (500 yd) of 
separation from any observed whale if deemed safe to do so. These 
requirements do not apply if a vessel's safety is threatened, such as 
when change of course would create an imminent and serious threat to 
person, vessel, or aircraft, and to the extent vessels are restricted in 
the ability to maneuver.
    (2) When transiting within the critical habitat or associated area 
of concern, vessels shall use extreme caution and operate at a safe 
speed (the minimum speed at which mission goals or safety will not be 
compromised) so as to be able to avoid collisions with North Atlantic 
right whales and other marine mammals, and stop within a distance 
appropriate to the circumstances and conditions.
    (3) Speed reductions (adjustments) are required when a whale is 
sighted by a vessel or when the vessel is within 9 km (5 NM) of a 
reported new sighting less than one week old.
    (4) Ships transiting in the Cape Cod Bay and Great South Channel 
critical habitats shall obtain information on recent whale sightings in 
the vicinity of the critical habitat. Any vessel operating in the 
vicinity of a North Atlantic right whale shall consider additional speed 
reductions as per Rule 6 of International Navigational Rules.
    (4) Mitigation Measures for Specific At-sea Training Events--If a 
marine mammal is killed as a result of the proposed Navy training 
activities (e.g., instances in which it is clear that munitions 
explosions caused the death), the Navy shall suspend its activities 
immediately and report the incident to NMFS.
    (i) Firing Exercise (FIREX) Using the Integrated Maritime Portable 
Acoustic Scoring System (IMPASS) (5-in Explosive Rounds)
    (A) This activity shall only occur in Areas 4/5 and 13/14, as 
specified in the Navy's LOA application, in the Cherry Point Range 
Complex.
    (B) Pre-exercise monitoring of the target area shall be conducted 
with ``Big Eyes'' prior to the event, during deployment of the IMPASS 
sonobuoy array, and during return to the firing position. Ships shall 
maintain lookouts dedicated to visually searching for marine mammals 
180[deg] along the ship track line and 360[deg] at each buoy drop-off 
location.

[[Page 181]]

    (C) ``Big Eyes'' on the ship shall be used to monitor a 600-yd (548-
m) buffer zone for marine mammals during naval-gunfire events.
    (D) Ships shall not fire on the target if any marine mammals are 
detected within or approaching the 600-yd (548-m) buffer zone. If marine 
mammals are present, operations must be suspended. Visual observation 
shall occur for approximately 45 min, or until the animal has been 
observed to have cleared the area and is heading away from the buffer 
zone. At such time as animals have cleared the area and are heading away 
from the buffer zone, the Navy may begin or resume operations.
    (E) Post-exercise monitoring of the entire target area shall take 
place with ``Big Eyes'' and the naked eye during the retrieval of the 
IMPASS sonobuoy array following each firing exercise.
    (F) The naval gunfire shall take place during daylight hours only.
    (G) FIREX with IMPASS shall only be used in Beaufort Sea State three 
(3) or less.
    (H) The visibility must be such that the fall of shot is visible 
from the firing ship during the exercise.
    (I) No firing shall occur if marine mammals are detected within 70 
yd (64 m) of the vessel.
    (ii) Air-to-Surface Missile Exercises (Explosive):
    (A) Aircraft shall initially survey the intended ordnance impact 
area for marine mammals.
    (B) During the actual firing of the weapon, the aircraft involved 
must be able to observe the intended ordnance impact area to ensure the 
area is free of marine mammals transiting the range.
    (C) Visual inspection of the target area shall be made by flying at 
1,500 ft (457 m) altitude or lower, if safe to do so, and at slowest 
safe speed.
    (D) Explosive ordnance shall not be targeted to impact within 1,800 
yd (1,646 m) of sighted marine mammals.
    (iii) Mine Neutralization Training Involving Underwater Detonations 
(up to and including 20-lb charges):
    (A) This activity shall only occur in W-15 of the Cherry Point Range 
Complex.
    (B) Observers shall survey the Zone of Influence (ZOI), a 700 yd 
(640 m) radius from detonation location for marine mammals from all 
participating vessels during the entire operation. A survey of the ZOI 
(minimum of 3 parallel tracklines 219 yd [200 m] apart) using support 
craft shall be conducted at the detonation location 30 minutes prior 
through 30 minutes post detonation. Aerial survey support shall be 
utilized whenever operationally feasible.
    (C) Detonation operations shall be conducted during daylight hours 
only.
    (D) If a marine mammal is sighted within the ZOI, the animal shall 
be allowed to leave of its own volition. The Navy shall suspend 
detonation exercises and ensure the area is clear of marine mammals for 
a full 30 minutes prior to detonation.
    (E) Divers placing the charges on mines and dive support vessel 
personnel shall survey the area for marine mammals and shall report any 
sightings to the surface observers. These animals shall be allowed to 
leave of their own volition and the ZOI shall be clear of marine mammals 
for 30 minutes prior to detonation.
    (F) No detonations shall take place within 3.2 nm (6 km) of an 
estuarine inlet.
    (G) No detonations shall take place within 1.6 nm (3 km) of 
shoreline.
    (H) Personnel shall record any protected species observations during 
the exercise as well as measures taken if species are detected within 
the ZOI.



Sec. 218.24  Requirements for monitoring and reporting.

    (a) The Holder of the Letter of Authorization issued pursuant to 
Sec. 216.106 of this chapter and Sec. 218.26 for activities described 
in Sec. 218.20(c) is required to cooperate with the NMFS when 
monitoring the impacts of the activity on marine mammals.
    (b) The Holder of the Authorization must notify NMFS immediately (or 
as soon as clearance procedures allow) if the specified activity 
identified in Sec. 218.20(c) is thought to have resulted in the 
mortality or serious injury of any marine mammals, or in any take of 
marine mammals not identified in Sec. 218.21(c).
    (c) The Navy must conduct all monitoring and required reporting 
under the

[[Page 182]]

Letter of Authorization, including abiding by the Cherry Point Range 
Complex Monitoring Plan, which is incorporated herein by reference, and 
which requires the Navy to implement, at a minimum, the monitoring 
activities summarized below.
    (1) Vessel or aerial surveys.
    (i) The Holder of this Authorization shall visually survey a minimum 
of 1 explosive event per year. If possible, the event surveyed shall be 
one involving multiple detonations. One of the vessel or aerial surveys 
should involve professionally trained marine mammal observers (MMOs). If 
it is impossible to conduct the required surveys due to lack of training 
exercises, the missed annual survey requirement shall roll into the 
subsequent year to ensure that the appropriate number of surveys (i.e., 
total of five) occurs over the 5-year period of effectiveness of this 
subject.
    (ii) When operationally feasible, for specified training events, 
aerial or vessel surveys shall be used 1-2 days prior to, during (if 
reasonably safe), and 1-5 days post detonation.
    (iii) Surveys shall include any specified exclusion zone around a 
particular detonation point plus 2,000 yards beyond the border of the 
exclusion zone (i.e., the circumference of the area from the border of 
the exclusion zone extending 2,000 yards outwards). For vessel based 
surveys, a passive acoustic system (hydrophone or towed array) could be 
used to determine if marine mammals are in the area before and/or after 
a detonation event.
    (iv) When conducting a particular survey, the survey team shall 
collect:
    (A) Location of sighting;
    (B) Species (if not possible, indicate whale, dolphin or pinniped);
    (C) Number of individuals;
    (D) Whether calves were observed;
    (E) Initial detection sensor;
    (F) Length of time observers maintained visual contact with marine 
mammal;
    (G) Wave height;
    (H) Visibility;
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after;
    (J) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated);
    (K) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animal(s) (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction;
    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long; and
    (M) If observation occurs while explosives are detonating in the 
water, indicate munitions type in use at time of marine mammal 
detection.
    (2) Passive acoustic monitoring--the Navy shall conduct passive 
acoustic monitoring when operationally feasible.
    (i) Any time a towed hydrophone array is employed during shipboard 
surveys, the towed array shall be deployed during daylight hours for 
each of the days the ship is at sea.
    (ii) The towed hydrophone array shall be used to supplement the 
ship-based systematic line-transect surveys (particularly for species 
such as beaked whales that are rarely seen).
    (iii) The array should have the capability of detecting low 
frequency vocalizations (<1,000 Hz) for baleen whales and relatively 
high frequency (up to 30 kHz) for odontocetes. The use of two 
simultaneously deployed arrays can also allow more accurate localization 
and determination of diving patterns.
    (3) Marine mammal observers on Navy platforms:
    (i) As required in Sec. 218.24(c)(1), MMOs who are selected for 
aerial or vessel surveys shall be placed on a Navy platform during one 
of the explosive exercises being monitored per year, the other 
designated exercise shall be monitored by the Navy lookouts/
watchstanders.
    (ii) The MMO must possess expertise in species identification of 
regional marine mammal species and experience collecting behavioral 
data.
    (iii) MMOs shall not be placed aboard Navy platforms for every Navy 
training event or major exercise, but during specifically identified 
opportunities

[[Page 183]]

deemed appropriate for data collection efforts. The events selected for 
MMO participation shall take into account safety, logistics, and 
operational concerns.
    (iv) MMOs shall observe from the same height above water as the 
lookouts.
    (v) The MMOs shall not be part of the Navy's formal reporting chain 
of command during their data collection efforts; Navy lookouts shall 
continue to serve as the primary reporting means within the Navy chain 
of command for marine mammal sightings. The only exception is that if an 
animal is observed within the shutdown zone that has not been observed 
by the lookout, the MMO shall inform the lookout of the sighting and the 
lookout shall take the appropriate action through the chain of command.
    (vi) The MMOs shall collect species identification, behavior, 
direction of travel relative to the Navy platform, and distance first 
observed. Information collected by MMOs should be the same as those 
collected by Navy lookout/watchstanders described in Sec. 
218.24(c)(1)(iv).
    (d) The Navy shall complete an Integrated Comprehensive Monitoring 
Program (ICMP) Plan in 2009. This planning and adaptive management tool 
shall include:
    (1) A method for prioritizing monitoring projects that clearly 
describes the characteristics of a proposal that factor into its 
priority.
    (2) A method for annually reviewing, with NMFS, monitoring results, 
Navy R&D, and current science to use for potential modification of 
mitigation or monitoring methods.
    (3) A detailed description of the Monitoring Workshop to be convened 
in 2011 and how and when Navy/NMFS will subsequently utilize the 
findings of the Monitoring Workshop to potentially modify subsequent 
monitoring and mitigation.
    (4) An adaptive management plan,
    (5) A method for standardizing data collection for Cherry Point 
Range Complex and across range complexes,
    (e) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy training exercise utilizing underwater 
explosive detonations. The Navy shall provide NMFS with species or 
description of the animal(s), the condition of the animal(s) (including 
carcass condition if the animal is dead), location, time of first 
discovery, observed behaviors (if alive), and photo or video (if 
available).
    (f) Annual Cherry Point Range Complex Monitoring Plan Report--The 
Navy shall submit a report annually on March 1 describing the 
implementation and results (through January 1 of the same year) of the 
Cherry Point Range Complex Monitoring Plan. Data collection methods 
shall be standardized across range complexes to allow for comparison in 
different geographic locations. Although additional information will 
also be gathered, the MMOs collecting marine mammal data pursuant to the 
Cherry Point Range Complex Monitoring Plan shall, at a minimum, provide 
the same marine mammal observation data required in the data required in 
Sec. 218.24(g). The Cherry Point Range Complex Monitoring Plan Report 
may be provided to NMFS within a larger report that includes the 
required Monitoring Plan Reports from Cherry Point Range Complex and 
multiple range complexes.
    (g) Annual Cherry Point Range Complex Exercise Report--The Navy 
shall provide the information described below for all of their explosive 
exercises. Until the Navy is able to report in full the information 
below, they shall provide an annual update on the Navy's explosive 
tracking methods, including improvements from the previous year.
    (1) Total annual number of each type of explosive exercise (of those 
identified as part of the ``specified activity'' in this final rule) 
conducted in the Cherry Point Range Complex.
    (2) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (h) Cherry Point Range Complex 5-yr Comprehensive Report--The Navy 
shall submit to NMFS a draft report that analyzes and summarizes all of 
the

[[Page 184]]

multi-year marine mammal information gathered during the Cherry Point 
Range Complex exercises for which annual reports are required (Annual 
Cherry Point Range Complex Exercise Reports and Cherry Point Range 
Complex Monitoring Plan Reports). This report shall be submitted at the 
end of the fourth year of the rule (May 2013), covering activities that 
have occurred through December 1, 2012.
    (i) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the Cherry Point Range 
Complex Comprehensive Report, the Annual Cherry Point Range Complex 
Exercise Report, or the Annual Cherry Point Range Complex Monitoring 
Plan Report (or the multi-Range Complex Annual Monitoring Plan Report, 
if that is how the Navy chooses to submit the information) if submitted 
within 3 months of receipt. These reports will be considered final after 
the Navy has addressed NMFS' comments or provided the requested 
information, or three months after the submittal of the draft if NMFS 
does not comment by then.
    (j) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.



Sec. 218.25  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. citizen (as defined by Sec. 216.103 of this chapter) 
conducting the activity identified in Sec. 218.20(a) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance with Sec. 218.26 or a renewal under Sec. 218.27.



Sec. 218.26  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.27.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.27  Renewal of Letters of Authorization and Adaptive Management.

    (a) A Letter of Authorization issued under Sec. 216.106 and Sec. 
218.26 of this chapter for the activity identified in Sec. 218.20(c) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.25 shall be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
218.24; and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.23 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 218.26 of this 
chapter, were undertaken and will be undertaken during the upcoming 
annual period of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.27 of this chapter indicates that a 
substantial modification to the described work, mitigation or monitoring 
undertaken during the upcoming season will occur, the NMFS will provide 
the public a period of 30 days for review and comment on the request. 
Review and comment on renewals of Letters of Authorization are 
restricted to:

[[Page 185]]

    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from Cherry Point Study Area or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 218.24(j)).
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the ICMP (Sec. 218.24(d)).
    (4) Results from specific stranding investigations (either from the 
Cherry Point Range Complex Study Area or other locations).
    (5) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).
    (6) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent Letters of Authorization.



Sec. 218.28  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 218.26 and subject to the provisions of this subpart shall be made 
until after notification and an opportunity for public comment has been 
provided. For purposes of this paragraph, a renewal of a Letter of 
Authorization under Sec. 218.27, without modification (except for the 
period of validity), is not considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.20(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 218.26 may be 
substantively modified without prior notification and an opportunity for 
public comment. Notification will be published in the Federal Register 
within 30 days subsequent to the action.



Subpart D_Taking Marine Mammals Incidental to U.S. Navy Training in the 
                      Gulf of Mexico Range Complex

    Source: 76 FR 9260, Feb. 17, 2011, unless otherwise noted.

    Effective Date Note: At 76 FR 9260, Feb. 17, 2011, subpart D was 
added, effective Feb. 17, 2011 to Feb. 17, 2016.



Sec. 218.30  Specified activity and specified geographical area 
and effective dates.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the GOMEX Range Complex Operation Areas (OPAREAs), 
which is located along the Gulf of Mexico coast of the U.S. described in 
Figures 1 and 2 of the LOA application and consists of the BOMBEX Hotbox 
(surface and subsurface waters), located off the Alabama and Florida 
coast, south of NAS Pensacola, and underwater detonation (UNDET) Area E3 
(surface and subsurface waters), located within the territorial waters 
off Padre Island, Texas, near Corpus Christi NAS.
    (1) The northernmost boundary of the BOMBEX Hotbox is located 23 nm 
(42.6

[[Page 186]]

km) from the coast of the Florida panhandle at latitude 30[deg] N, the 
eastern boundary is approximately 200 nm (370.4 km) from the coast of 
the Florida peninsula at longitude 86[deg]48' W.
    (2) The UNDET Area E3 is a defined surface and subsurface area 
located in the waters south of Corpus Christi NAS and offshore of Padre 
Island, Texas. The westernmost boundary is located 7.5 nm (13.9 km) from 
the coast of Padre Island at 97[deg]9[min]33[sec] W and 
27[deg]24[min]26[sec] N at the Westernmost corner. It lies entirely 
within the territorial waters (0 to 12 nm, or 0 to 22.2 km) of the U.S. 
and the majority of it lies within Texas state waters (0 to 9 nm, or 0 
to 16.7 km). It is a very shallow water training area with depths 
ranging from 20 to 26 m.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities within the designated 
amounts of use:
    (1) The detonation of the underwater explosives identified in 
paragraph (c)(1)(i) of this section conducted as part of the training 
events identified in paragraph (c)(1)(ii) of this section:
    (i) Underwater Explosives:
    (A) MK-83 (1,000 lb High Explosive bomb);
    (B) MK3A2 anti-swimmer concussion grenades (0.5 lbs NEW).
    (ii) Training Events:
    (A) BOMBEX (Air-to-Surface)--up to 5 events over the course of 5 
years (an average of 1 event per year, with 4 bombs in succession for 
each event);
    (B) Small Arms Training with MK3A2 anti-swimmer concussion 
grenades--up to 30 events over the course of 5 years (an average of 6 
events per year, with up to 10 live grenades authorized per event, but 
no more than 20 live grenades will be used per year).
    (2) [Reserved]
    (d) Regulations are effective February 17, 2011 through February 17, 
2016.



Sec. 218.31  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 of this chapter and 218.36, the Holder of the Letter of 
Authorization may incidentally take marine mammals within the area 
described in Sec. 218.30(b), provided the activity is in compliance 
with all terms, conditions, and requirements of this subpart and the 
appropriate Letter of Authorization.
    (b) The activities identified in Sec. 218.30(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.30(c) is limited to the following species, by 
the indicated method of take and the indicated number of times:
    (1) Level B Harassment:
    (i) Sperm whale (Physeter macrocephalus)--25 (an average of 5 
annually);
    (ii) Beaked whales--100 (an average of 20 annually);
    (iii) Bottlenose dolphin (Tursiops truncatus)--150 (an average of 30 
annually);
    (iv) Pantropical spotted dolphin (Stenella attenuata)--130 (an 
average of 26 annually);
    (v) Clymene dolphin (S. clymene)--100 (an average of 20 annually);
    (vi) Atlantic spotted dolphin (S. frontalis)--100 (an average of 20 
annually);
    (vii) Spinner dolphin (S. longirostris)--135 (an average of 27 
annually);
    (viii) Striped dolphin (S. coeruleoalba)--100 (an average of 20 
annually);
    (ix) Risso's dolphin (Grampus griseus)--150 (an average of 30 
annually);
    (x) Melon-headed whales (Peponocephala electra)--100 (an average of 
20 annually);
    (xi) False killer whale (Pseudorca crassidens)--50 (an average of 10 
annually);
    (xii) Fraser's dolphin (Lagenodelphis hosei)--100 (an average of 20 
annually);
    (xiii) Pygmy or dwarf sperm whales (Kogia sp.)--100 (an average of 
20 annually);
    (xiv) Pygmy killer whale (Ferresa attenuatta)--50 (an average of 10 
annually);
    (xv) Rough-toothed dolphin (Steno bredanensis)--100 (an average of 
20 annually);

[[Page 187]]

    (xvi) Short-finned pilot whale (Globicephala macrorhynchus)--100 (an 
average of 20 annually).
    (2) Level A Harassment (injury):
    (i) Pantropical spotted dolphin--5 (an average of 1 annually);
    (ii) Spinner dolphin--5 (an average of 1 annually);



Sec. 218.32  Prohibitions.

    Notwithstanding takings contemplated in Sec. 218.31 and authorized 
by a Letter of Authorization issued under Sec. 216.106 of this chapter 
and Sec. 218.36, no person in connection with the activities described 
in Sec. 218.30 may:
    (a) Take any marine mammal not specified in Sec. 218.31(c);
    (b) Take any marine mammal specified in Sec. 218.31(c) other than 
by incidental take as specified in Sec. 218.31(c)(1) and (2);
    (c) Take a marine mammal specified in Sec. 218.31(c) if such taking 
results in more than a negligible impact on the species or stocks of 
such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of this Subpart or a Letter of Authorization issued under 
Sec. 216.106 of this chapter and Sec. 218.36.



Sec. 218.33  Mitigation.

    (a) When conducting training activities identified in Sec. 
218.30(c), the mitigation measures contained in the Letter of 
Authorization issued under Sec. 216.106 of this chapter and Sec. 
218.36 must be implemented. These mitigation measures include, but are 
not limited to:
    (1) General Maritime Measures:
    (i) Personnel Training--Lookouts:
    (A) All bridge personnel, Commanding Officers, Executive Officers, 
officers standing watch on the bridge, maritime patrol aircraft 
aircrews, and Mine Warfare (MIW) helicopter crews shall complete Marine 
Species Awareness Training (MSAT).
    (B) Navy lookouts shall undertake extensive training to qualify as a 
watchstander in accordance with the Lookout Training Handbook (NAVEDTRA 
12968-D).
    (C) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, lookouts shall 
complete the Personal Qualification Standard Program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects).
    (D) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure to 
facilitate implementation of protective measures if marine species are 
spotted.
    (E) Surface lookouts shall scan the water from the ship to the 
horizon and be responsible for all contacts in their sector. In 
searching the assigned sector, the lookout shall always start at the 
forward part of the sector and search aft (toward the back). To search 
and scan, the lookout shall hold the binoculars steady so the horizon is 
in the top third of the field of vision and direct the eyes just below 
the horizon. The lookout shall scan for approximately five seconds in as 
many small steps as possible across the field seen through the 
binoculars. They shall search the entire sector in approximately five-
degree steps, pausing between steps for approximately five seconds to 
scan the field of view. At the end of the sector search, the glasses 
shall be lowered to allow the eyes to rest for a few seconds, and then 
the lookout shall search back across the sector with the naked eye.
    (F) At night, lookouts shall scan the horizon in a series of 
movements that would allow their eyes to come to periodic rests as they 
scan the sector. When visually searching at night, they shall look a 
little to one side and out of the corners of their eyes, paying 
attention to the things on the outer edges of their field of vision. 
Lookouts shall also have night vision devices available for use.
    (ii) Operating Procedures & Collision Avoidance:
    (A) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures Message or Environmental Annex to the Operational Order shall 
be issued to further disseminate the personnel training requirement and 
general marine species mitigation measures.
    (B) Commanding Officers shall make use of marine species detection 
cues

[[Page 188]]

and information to limit interaction with marine species to the maximum 
extent possible consistent with safety of the ship.
    (C) While underway, surface vessels shall have at least two lookouts 
with binoculars; surfaced submarines shall have at least one lookout 
with binoculars. Lookouts already posted for safety of navigation and 
man-overboard precautions may be used to fill this requirement. As part 
of their regular duties, lookouts shall watch for and report to the OOD 
the presence of marine mammals.
    (D) Personnel on lookout shall employ visual search procedures 
employing a scanning method in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (E) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook 
(NAVEDTRA 12968-D).
    (F) While in transit, naval vessels shall be alert at all times, use 
extreme caution, and proceed at a ``safe speed'' (the minimum speed at 
which mission goals or safety will not be compromised) so that the 
vessel can take proper and effective action to avoid a collision with 
any marine animal and can be stopped within a distance appropriate to 
the prevailing circumstances and conditions.
    (G) When marine mammals have been sighted in the area, Navy vessels 
shall increase vigilance and implement measures to avoid collisions with 
marine mammals and avoid activities that might result in close 
interaction of naval assets and marine mammals. Such measures shall 
include changing speed and/or course direction and would be dictated by 
environmental and other conditions (e.g., safety or weather).
    (H) Naval vessels shall maneuver to keep at least 500 yds (460 m) 
away from any observed whale and avoid approaching whales head-on. This 
requirement does not apply if a vessel's safety is threatened, such as 
when change of course will create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
their ability to maneuver. Vessels shall take reasonable steps to alert 
other vessels in the vicinity of the whale.
    (I) Where feasible and consistent with mission and safety, vessels 
shall avoid closing to within 200-yd (183 m) of marine mammals other 
than whales (whales addressed above).
    (J) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine species of concern as long as it does not violate safety 
constraints or interfere with the accomplishment of primary operational 
duties. Marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate where it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (K) All vessels shall maintain logs and records documenting training 
operations should they be required for event reconstruction purposes. 
Logs and records shall be kept for a period of 30 days following 
completion of a major training exercise.
    (2) Coordination and Reporting Requirements:
    (i) The Navy shall coordinate with the local NMFS Stranding 
Coordinator for any unusual marine mammal behavior and any stranding, 
beached live/dead, or floating marine mammals that may occur at any time 
during or within 24 hours after completion of training activities.
    (ii) The Navy shall follow internal chain of command reporting 
procedures as promulgated through Navy instructions and orders.
    (3) Mitigation Measures for Specific At-sea Training Events--If a 
marine mammal is injured or killed as a result of the proposed Navy 
training activities (e.g., instances in which it is clear that munitions 
explosions caused the death), the Navy shall suspend its activities 
immediately and report such incident to NMFS.
    (i) Air-to-Surface At-Sea Bombing Exercises (1,000-lbs explosive 
bombs):
    (A) This activity shall only occur in W-155A/B (hot box) area of the 
GOMEX Range Complex OPAREA.

[[Page 189]]

    (B) Aircraft shall visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area shall be made by flying at 1,500 ft (457 m) altitude or 
lower, if safe to do so, and at the slowest safe speed. Release of 
ordnance through cloud cover is prohibited; aircraft must be able to 
actually see ordnance impact areas.
    (C) A buffer zone of a 5,100-yard (4,663-m) radius shall be 
established around the intended target zone. The exercises shall be 
conducted only if the buffer zone is clear of marine mammals.
    (D) At-sea BOMBEXs using live ordnance shall occur during daylight 
hours only.
    (ii) Small Arms Training--Explosive hand grenades (such as the MK3A2 
grenades):
    (A) Lookouts shall visually survey for marine mammals prior to and 
during exercise.
    (B) A 200-yd (182-m) radius buffer zone shall be established around 
the intended target. The exercises shall be conducted only if the buffer 
zone is clear of marine mammals.
    (b) [Reserved]



Sec. 218.34  Requirements for monitoring and reporting.

    (a) The Holder of the Letter of Authorization issued pursuant to 
Sec. 216.106 of this chapter and Sec. 218.36 for activities described 
in Sec. 218.30(c) is required to cooperate with the NMFS when 
monitoring the impacts of the activity on marine mammals.
    (b) The Holder of the Authorization must notify NMFS immediately (or 
as soon as clearance procedures allow) if the specified activity 
identified in Sec. 218.30(c) is thought to have resulted in the 
mortality or serious injury of any marine mammals, or in any take of 
marine mammals not identified in Sec. 218.31(c).
    (c) The Navy must conduct all monitoring and required reporting 
under the Letter of Authorization, including abiding by the GOMEX Range 
Complex Monitoring Plan, which is incorporated herein by reference, and 
which requires the Navy to implement, at a minimum, the monitoring 
activities summarized below.
    (1) Vessel or aerial surveys.
    (i) The Holder of this Authorization shall visually survey a minimum 
of 1 explosive event per year. One of the vessel or aerial surveys 
should involve professional trained marine mammal observers (MMOs). If 
it is impossible to conduct the required surveys due to lack of training 
exercises, the missed annual survey requirement shall roll into the 
subsequent year to ensure that the appropriate number of surveys (i.e., 
total of five) occurs over the 5-year period of effectiveness of this 
subject.
    (ii) When operationally feasible, for specified training events, 
aerial or vessel surveys shall be used 1-2 days prior to, during (if 
reasonably safe), and 1-5 days post detonation.
    (iii) Surveys shall include any specified exclusion zone around a 
particular detonation point plus 2,000 yards beyond the border of the 
exclusion zone (i.e., the circumference of the area from the border of 
the exclusion zone extending 2,000 yards outwards). For vessel-based 
surveys a passive acoustic system (hydrophone or towed array) could be 
used to determine if marine mammals are in the area before and/or after 
a detonation event.
    (iv) When conducting a particular survey, the survey team shall 
collect:
    (A) Location of sighting;
    (B) Species (if not possible, indicate whale, dolphin or pinniped);
    (C) Number of individuals;
    (D) Whether calves were observed;
    (E) Initial detection sensor;
    (F) Length of time observers maintained visual contact with marine 
mammal;
    (G) Wave height;
    (H) Visibility;
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after;
    (J) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated);
    (K) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animal(s) (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction;

[[Page 190]]

    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long; and
    (M) If observation occurs while explosives are detonating in the 
water, indicate munitions type in use at time of marine mammal 
detection.
    (2) Passive acoustic monitoring--the Navy shall conduct passive 
acoustic monitoring when operationally feasible.
    (i) Any time a towed hydrophone array is employed during shipboard 
surveys the towed array shall be deployed during daylight hours for each 
of the days the ship is at sea.
    (ii) The towed hydrophone array shall be used to supplement the 
ship-based systematic line-transect surveys (particularly for species 
such as beaked whales that are rarely seen).
    (iii) The array should have the capability of detecting low 
frequency vocalizations (<1,000 Hz) for baleen whales and relatively 
high frequency (up to 30 kHz) for odontocetes. The use of two 
simultaneously deployed arrays can also allow more accurate localization 
and determination of diving patterns.
    (3) Marine mammal observers on Navy platforms:
    (i) As required in Sec. 218.34(c)(1), MMOs who are selected for 
aerial or vessel surveys shall, to the extent practicable, be placed on 
a Navy platform during the exercises being monitored.
    (ii) The MMO must possess expertise in species identification of 
regional marine mammal species and experience collecting behavioral 
data.
    (iii) MMOs shall not be placed aboard Navy platforms for every Navy 
training event or major exercise. Instead, MMOs should be employed 
during specifically identified opportunities deemed appropriate for data 
collection efforts. The events selected for MMO participation shall take 
into account safety, logistics, and operational concerns.
    (iv) MMOs shall observe from the same height above water as the 
lookouts.
    (v) The MMOs shall not be part of the Navy's formal reporting chain 
of command during their data collection efforts; Navy lookouts shall 
continue to serve as the primary reporting means within the Navy chain 
of command for marine mammal sightings. The only exception is that if an 
animal is observed within the shutdown zone that has not been observed 
by the lookout, the MMO shall inform the lookout of the sighting and the 
lookout shall take the appropriate action through the chain of command.
    (vi) The MMOs shall collect species identification, behavior, 
direction of travel relative to the Navy platform, and distance first 
observed. Information collected by MMOs should be the same as those 
collected by the survey team described in Sec. 218.34(c)(1)(iv).
    (d) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy training exercise utilizing underwater 
explosive detonations. The Navy shall provide NMFS with species or 
description of the animal(s), the condition of the animal(s) (including 
carcass condition if the animal is dead), location, time of first 
discovery, observed behaviors (if alive), and photo or video (if 
available).
    (e) Annual GOMEX Range Complex Monitoring Plan Report--The Navy 
shall submit a report annually on March 1 describing the implementation 
and results (through January 1 of the same year) of the GOMEX Range 
Complex Monitoring Plan. Data collection methods shall be standardized 
across range complexes to allow for comparison in different geographic 
locations. Although additional information will also be gathered, the 
MMOs collecting marine mammal data pursuant to the GOMEX Range Complex 
Monitoring Plan shall, at a minimum, provide the same marine mammal 
observation data required in Sec. 218.34(c)(1)(iv). The GOMEX Range 
Complex Monitoring Plan Report may be provided to NMFS within a larger 
report that includes the required Monitoring Plan Reports from GOMEX 
Range Complex and multiple range complexes.

[[Page 191]]

    (f) Annual GOMEX Range Complex Exercise Report--The Navy shall 
provide the information described below for all of their explosive 
exercises. Until the Navy is able to report in full the information 
below, they shall provide an annual update on the Navy's explosive 
tracking methods, including improvements from the previous year.
    (1) Total annual number of each type of explosive exercise (of those 
identified as part of the ``specified activity'' in this final rule) 
conducted in the GOMEX Range Complex.
    (2) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (g) GOMEX Range Complex 5-yr Comprehensive Report--The Navy shall 
submit to NMFS a draft report that analyzes and summarizes all of the 
multi-year marine mammal information gathered during the GOMEX Range 
Complex exercises for which annual reports are required (Annual GOMEX 
Range Complex Exercise Reports and GOMEX Range Complex Monitoring Plan 
Reports). This report shall be submitted at the end of the fourth year 
of the rule (February 2015), covering activities that have occurred 
through August 1, 2014.
    (h) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the GOMEX Range Complex 
Comprehensive Report, the Annual GOMEX Range Complex Exercise Report, or 
the Annual GOMEX Range Complex Monitoring Plan Report (or the multi-
Range Complex Annual Monitoring Plan Report, if that is how the Navy 
chooses to submit the information) if submitted within 3 months of 
receipt. These reports will be considered final after the Navy has 
addressed NMFS' comments or provided the requested information, or three 
months after the submittal of the draft if NMFS does not comment by 
then.
    (i) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.



Sec. 218.35  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. citizen (as defined by Sec. 216.103 of this chapter) 
conducting the activity identified in Sec. 218.30(a) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance with Sec. 218.36 or a renewal under Sec. 218.37.



Sec. 218.36  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.37.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.37  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
218.36 of this chapter for the activity identified in Sec. 218.30(c) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.35 shall be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
218.34; and

[[Page 192]]

    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.33 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 218.36 of this 
chapter, were undertaken and will be undertaken during the upcoming 
annual period of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.37 of this chapter indicates that a 
substantial modification to the described work, mitigation or monitoring 
undertaken during the upcoming season will occur, the NMFS will provide 
the public a period of 30 days for review and comment on the request. 
Review and comment on renewals of Letters of Authorization are 
restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from GOMEX Study Area or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 218.34(j)).
    (3) Results from specific stranding investigations (either from the 
GOMEX Range Complex Study Area or other locations).
    (4) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).
    (5) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent Letters of Authorization.



Sec. 218.38  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 218.36 of this chapter and subject to the provisions of this subpart 
shall be made until after notification and an opportunity for public 
comment has been provided. For purposes of this paragraph, a renewal of 
a Letter of Authorization under Sec. 218.37, without modification 
(except for the period of validity), is not considered a substantive 
modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.30(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 218.36 of this 
chapter may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.

Subparts E-K [Reserved]



   Subpart L_Taking and Importing Marine Mammals; U.S. Navy's Mariana 
                  Islands Training Range Complex (MIRC)

    Source: 75 FR 45547, Aug. 3, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 45547, Aug. 3, 2010, Subpart L was 
added, effective Aug. 3, 2010 through Aug. 3, 2015.



Sec. 218.100  Specified activity and specified geographical area.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this

[[Page 193]]

section and that occur incidental to the activities described in 
paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy may be authorized in a 
Letter of Authorization (LOA) if it occurs within the Mariana Islands 
Range Complex (MIRC) Study Area (as depicted in Figure 1-1 in the Navy's 
application for MIRC), which is bounded by a pentagon with the following 
five corners: 16[deg]46[min]29.3376[sec] N. lat., 
138[deg]00[min]59.835[sec] E. long.; 20[deg]02[min]24.8094[sec] N. lat., 
140[deg]10[min]13.8642[sec] E. long.; 20[deg]3[min]27.5538[sec] N. lat., 
149[deg]17[min]41.0388[sec] E. long.; 7[deg]0[min]30.0702[sec] N. lat., 
149[deg]16[min]14.8542[sec] E. long; and 6[deg]59[min]24.633[sec] N. 
lat, 138[deg]1[min]29.7228[sec] E. long.
    (c) The taking of marine mammals by the Navy may be authorized in an 
LOA if it occurs incidental to the following activities within the 
designated amounts of use:
    (1) The use of the following mid-frequency active sonar (MFAS) and 
high frequency active sonar (HFAS) sources for U.S. Navy anti-submarine 
warfare (ASW) training, maintenance, and research, development, testing 
and evaluation (RDT&E):
    (i) AN/SQS-53 (hull-mounted active sonar)--up to 10865 hours over 
the course of 5 years (an average of 2173 hours per year);
    (ii) AN/SQS-56 (hull-mounted active sonar)-up to 705 hours over the 
course of 5 years (an average of 141 hours per year);
    (iii) AN/SSQ-62 (Directional Command Activated Sonobuoy System 
(DICASS) sonobuoys)-up to 8270 sonobuoys over the course of 5 years (an 
average of 1654 sonobuoys per year);
    (iv) AN/AQS-22 (helicopter dipping sonar)--up to 2,960 dips over the 
course of 5 years (an average of 592 dips per year);
    (v) AN/BQQ-10 (submarine hull-mounted sonar)--up to 60 hours over 
the course of 5 years (an average of 12 hours per year);
    (vi) MK-48, MK-46, or MK-54 (torpedoes)--up to 200 torpedoes over 
the course of 5 years (an average of 40 torpedoes per year);
    (vii) AN/SSQ-110 (IEER)--up to 530 buoys deployed over the course of 
5 years (an average of 106 per year);
    (viii) AN/SSQ-125 (AEER)--up to 530 buoys deployed over the course 
of 5 years (an average of 106 per year);
    (ix) Range Pingers--up to 1,400 hours over the course of 5 years (an 
average of 280 hours per year); and
    (x) PUTR Transponder--up to 1,400 hours over the course of 5 years 
(an average of 280 hours per year).
    (2) The detonation of the underwater explosives indicated in this 
paragraph (c)(2)(i) conducted as part of the training events indicated 
in this paragraph (c)(2)(ii):
    (i) Underwater Explosives (Net Explosive Weight (NEW)):
    (A) 5[sec] Naval Gunfire (9.5 lbs NEW);
    (B) 76 mm rounds (1.6 lbs NEW);
    (C) Maverick (78.5 lbs NEW);
    (D) Harpoon (448 lbs NEW);
    (E) MK-82 (238 lbs NEW);
    (F) MK-83 (574 lbs NEW);
    (G) MK-84 (945 lbs NEW);
    (H) MK-48 (851 lbs NEW);
    (I) Demolition Charges (10 lbs NEW);
    (J) AN/SSQ-110A (IEER explosive sonobuoy--5 lbs NEW);
    (K) Hellfire (16.5 lbs NEW);
    (L) GBU 38/32/31.
    (ii) Training Events:
    (A) Gunnery Exercises (S-S GUNEX)--up to 60 exercises over the 
course of 5 years (an average of 12 per year);
    (B) Bombing Exercises (BOMBEX)--up to 20 exercises over the course 
of 5 years (an average of 4 per year);
    (C) Sinking Exercises (SINKEX)--up to 10 exercises over the course 
of 5 years (an average of 2 per year);
    (D) Extended Echo Ranging and Improved Extended Echo Ranging (EER/
IEER) Systems--up to 530 deployments over the course of 5 years (an 
average of 106 per year);
    (E) Demolitions--up to 250 over the course of 5 years (an average of 
50 per year); and
    (F) Missile exercises (A-S MISSILEX)--up to 10 exercises over the 
course of 5 years (an average of 2 per year).
    (d) The taking of marine mammals may also be authorized in an LOA 
for the activities and sources listed in Sec. 218.100(c) should the 
amounts (i.e., hours, dips, number of exercises) vary from those 
estimated in Sec. 218.100(c),

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provided that the variation does not result in exceeding the amount of 
take indicated in Sec. 218.102.



Sec. 218.101  Effective dates.

    Regulations are effective August 3, 2010 through August 3, 2015.



Sec. 218.102  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 218.107 of this chapter, the Holder of the Letter of 
Authorization (hereinafter ``Navy'') may incidentally, but not 
intentionally, take marine mammals within the area described in Sec. 
218.100(b), provided the activity is in compliance with all terms, 
conditions, and requirements of these regulations and the appropriate 
Letter of Authorization.
    (b) The activities identified in Sec. 218.100(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.100(c) is limited to the species listed in this 
paragraph (4), (5), and (6) of this section (c) by the indicated method 
of take and the indicated number of times (estimated based on the 
authorized amounts of sound source operation), but with the following 
allowances for annual variation in activities:
    (1) In any given year, annual take, by harassment, of any species of 
marine mammal may not exceed the amount identified in paragraphs (b)(4) 
and (b)(5) of this section, for that species by more than 25% (a post-
calculation/estimation of which must be provided in the annual LOA 
application);
    (2) In any given year, annual take by harassment of all marine 
mammal species combined may not exceed the estimated total of all 
species combined, indicated in paragraphs (b)(4) and (b)(5) of this 
section, by more than 10%; and
    (3) Over the course of the effective period of this subpart, total 
take, by harassment, of any species may not exceed the 5-year amounts 
indicated in paragraphs (b)(4) and (b)(5) of this section by more than 
10%. A running calculation/estimation of takes of each species over the 
course of the years covered by the rule must be maintained.
    (4) Level B Harassment:
    (i) Mysticetes:
    (A) Humpback whale (Megaptera novaeangliae)--4,025 (an average of 
805 annually);
    (B) Fin whale (Balaenoptera physalus)--910 (an average of 182 
annually);
    (C) Blue whale (Balaenoptera musculus)--650 (an average of 130 
annually);
    (D) Sei whale (Balaenoptera borealis)--1,625 (an average of 325 
annually);
    (E) Minke whale (Balaenoptera acutorostrata)--2,225 (an average of 
445 annually);
    (F) Bryde's whale (Balaenoptera edeni)--2,285 (an average of 457 
annually); and
    (G) Unidentified Baleanopterid whales--360 (an average of 72 
annually).
    (ii) Odontocetes:
    (A) Sperm whales (Physeter macrocephalus)--4,120 (an average of 824 
annually);
    (B) Killer whale (Orcinus orca)- 1,150 (an average of 230 annually);
    (C) Pygmy or dwarf sperm whales (Kogia breviceps or Kogia sima)--
33,530 (an average of 6,706 annually);
    (D) Blainville's beaked whales (Mesoplodon densirostris);--3,850 (an 
average of 770 annually);
    (E) Cuvier's beaked whales (Ziphius cavirostris)--18,140 (an average 
of 3,628 annually);
    (F) Ginkgo-toothed beaked whales (Mesoplodon ginkgodens)--2,150 (an 
average of 430 annually);
    (G) Longman's beaked whale (Indopacetus pacificus)--1,030 (an 
average of 206 annually);
    (H) Short-finned pilot whale (Globicephala macrorynchus)--11,370 (an 
average of 2,274 annually);
    (I) Melon-headed whale (Peponocephala electra)--14,315 (an average 
of 2,863 annually);
    (J) Pygmy killer whale (Feresa attenuata)--800 (an average of 160 
annually);
    (K) False killer whale (Pseudorca crassidens)--6,445 (an average of 
1,289 annually);
    (L) Striped dolphin (Stenella coeruleoalba)--44,290 (an average of 
8,858 annually);

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    (M) Short-beaked common dolphin (Delphinus delphis)--4,715 (an 
average of 943 annually);
    (N) Risso's dolphin (Grampus griseus)--33,865 (an average of 6,773 
annually);
    (O) Bottlenose dolphin (Tursiops truncates)--855 (an average of 171 
annually);
    (P) Fraser's dolphin (Lagenodelphis hosei)--23,075 (an average of 
4,615 annually);
    (Q) Pantropical spotted dolphin (Stenella attenuata)--162,495 (an 
average of 32,499 annually);
    (R) Rough-toothed dolphin (Steno bredanensis)--1,205 (an average of 
241 annually);
    (S) Spinner dolphin (Stenella longirostris)--10,720 (an average of 
2,144 annually); and
    (T) Unidentified delphinid--7,690 (an average of 1,538 annually).
    (5) Level A Harassment:
    (i) Sperm whale--5 (an average of 1 annually);
    (ii) Pantropical spotted dolphin--5 (an average of 1 annually);
    (6) Level A Harassment and/or mortality of no more than 10 beaked 
whales (total), of any of the species listed in Sec. 
218.102(c)(4)(ii)(D) through (G) over the course of the 5-year 
regulations.



Sec. 218.103  Prohibitions.

    No person in connection with the activities described in Sec. 
218.100 may:
    (a) Take any marine mammal not specified in Sec. 218.102(c);
    (b) Take any marine mammal specified in Sec. 218.102(c) other than 
by incidental take as specified in Sec. Sec. 218.102(c)(1) and (c)(2);
    (c) Take a marine mammal specified in Sec. 218.102(c) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.107 of this chapter.



Sec. 218.104  Mitigation.

    (a) When conducting training and utilizing the sound sources or 
explosives identified in Sec. 218.100(c), the mitigation measures 
contained in a Letter of Authorization issued under Sec. Sec. 216.106 
and 218.107 of this chapter must be implemented. These mitigation 
measures include, but are not limited to:
    (1) Personnel Training:
    (i) All commanding officers (COs), executive officers (XOs), 
lookouts, Officers of the Deck (OODs), junior OODs (JOODs), maritime 
patrol aircraft aircrews, and Anti-submarine Warfare (ASW)/Mine Warfare 
(MIW) helicopter crews shall complete the NMFS-approved Marine Species 
Awareness Training (MSAT) by viewing the U.S. Navy MSAT digital 
versatile disk (DVD). All bridge lookouts shall complete both parts one 
and two of the MSAT; part two is optional for other personnel.
    (ii) Navy lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (Naval Education and Training Command [NAVEDTRA] 12968-D).
    (iii) Lookout training shall include on-the-job instruction under 
the supervision of a qualified, experienced lookout. Following 
successful completion of this supervised training period, lookouts shall 
complete the Personal Qualification Standard Program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects). Personnel being trained as 
lookouts can be counted among required lookouts as long as supervisors 
monitor their progress and performance.
    (iv) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure in order 
to facilitate implementation of protective measures if marine species 
are spotted.
    (v) All lookouts onboard platforms involved in ASW training events 
will review the NMFS-approved Marine Species Awareness Training material 
prior to use of MFAS.
    (vi) All COs, XOs, and officers standing watch on the bridge will 
review the Marine Species Awareness Training material prior to a 
training event employing the use of MFAS/HFAS.
    (2) General Operating Procedures (for all training types):
    (i) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures

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Message or Environmental Annex to the Operational Order shall be issued 
to further disseminate the personnel training requirement and general 
marine species protective measures.
    (ii) COs shall make use of marine species detection cues and 
information to limit interaction with marine mammals to the maximum 
extent possible consistent with safety of the ship.
    (iii) While underway, surface vessels shall have at least two 
lookouts with binoculars; surfaced submarines shall have at least one 
lookout with binoculars. Lookouts already posted for safety of 
navigation and man-overboard precautions may be used to fill this 
requirement. As part of their regular duties, lookouts will watch for 
and report to the OOD the presence of marine mammals.
    (iv) On surface vessels equipped with a multi-function active 
sensor, pedestal mounted ``Big Eye'' (20x110) binoculars shall be 
properly installed and in good working order to assist in the detection 
of marine mammals in the vicinity of the vessel.
    (v) Personnel on lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (vi) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook 
(NAVEDTRA 12968-D).
    (vii) While in transit, naval vessels shall be alert at all times, 
use extreme caution, and proceed at a ``safe speed'', which means the 
speed at which the CO can maintain crew safety and effectiveness of 
current operational directives, so that the vessel can take action to 
avoid a collision with any marine mammal.
    (viii) When marine mammals have been sighted in the area, Navy 
vessels shall increase vigilance and take all reasonable actions to 
avoid collisions and close interaction of naval assets and marine 
mammals. Such action may include changing speed and/or direction and are 
dictated by environmental and other conditions (e.g., safety, weather).
    (ix) Navy aircraft participating in exercises at-sea shall conduct 
and maintain surveillance for marine mammals as long as it does not 
violate safety constraints or interfere with the accomplishment of 
primary operational duties.
    (x) All marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate when it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (xi) Naval vessels will maneuver to keep at least 1,500 ft (500 yds) 
away from any observed whale in the vessel's path and avoid approaching 
whales head-on. These requirements do not apply if a vessel's safety is 
threatened, such as when change of course will create an imminent and 
serious threat to a person, vessel, or aircraft, and to the extent 
vessels are restricted in their ability to maneuver. Restricted 
maneuverability includes, but is not limited to, situations when vessels 
are engaged in dredging, submerged activities, launching and recovering 
aircraft or landing craft, minesweeping activities, replenishment while 
underway and towing activities that severely restrict a vessel's ability 
to deviate course. Vessels will take reasonable steps to alert other 
vessels in the vicinity of the whale. Given rapid swimming speeds and 
maneuverability of many dolphin species, naval vessels would maintain 
normal course and speed on sighting dolphins unless some condition 
indicated a need for the vessel to maneuver.
    (3) Operating Procedures (for Anti-submarine Warfare (ASW) 
Operations):
    (i) On the bridge of surface ships, there shall always be at least 
three people on watch whose duties include observing the water surface 
around the vessel.
    (ii) All surface ships participating in ASW training events shall 
have, in addition to the three personnel on watch noted in (i), at least 
two additional personnel on watch as lookouts at all times during the 
exercise.
    (iii) Personnel on lookout and officers on watch on the bridge will 
have at least one set of binoculars available

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for each person to aid in the detection of marine mammals.
    (iv) Personnel on lookout shall be responsible for reporting all 
objects or anomalies sighted in the water (regardless of the distance 
from the vessel) to the Officer of the Deck, since any object or 
disturbance (e.g., trash, periscope, surface disturbance, discoloration) 
in the water may be indicative of a threat to the vessel and its crew or 
indicative of a marine mammal that may need to be avoided.
    (v) All personnel engaged in passive acoustic sonar operation 
(including aircraft, surface ships, or submarines) shall monitor for 
marine mammal vocalizations and report the detection of any marine 
mammal to the appropriate watch station for dissemination and 
appropriate action.
    (vi) During MFAS operations, personnel shall utilize all available 
sensor and optical systems (such as night vision goggles) to aid in the 
detection of marine mammals.
    (vii) Aircraft with deployed sonobuoys shall use only the passive 
capability of sonobuoys when marine mammals are detected within 200 yds 
(183 m) of the sonobuoy.
    (viii) Helicopters shall observe/survey the vicinity of an ASW 
exercise for 10 minutes before the first deployment of active (dipping) 
sonar in the water.
    (ix) Helicopters shall not dip their sonar within 200 yards of a 
marine mammal and shall cease pinging if a marine mammal closes within 
200 yards after pinging has begun.
    (x)(A) Safety Zones--When marine mammals are detected by any means 
(aircraft, shipboard lookout, or acoustically) the Navy shall ensure 
that sonar transmission levels are limited to at least 6 dB below normal 
operating levels if any detected marine mammals are within 1000 yards 
(914 m) of the sonar dome (the bow) (i.e., limit to at most 229 dB for 
AN/SQS-53 and 219 dB for AN/SQS-56, etc.). Ships and submarines shall 
continue to limit maximum transmission levels by this 6-dB factor until 
the animal has been seen to leave the 1000-yd safety zone, has not been 
detected for 30 minutes, or the vessel has transited more than 2,000 yds 
(1829 m) beyond the location of the last detection.
    (B) When marine mammals are detected by any means (aircraft, 
shipboard lookout, or acoustically) the Navy shall ensure that sonar 
transmission levels are limited to at least 10 dB below normal operating 
levels if any detected marine mammals are within 500 yards (457 m) of 
the sonar dome (the bow). Ships and submarines shall continue to limit 
maximum ping levels by this 10-dB factor until the animal has been seen 
to leave the 500-yd safety zone, has not been detected for 30 minutes, 
or the vessel has transited more than 2,000 yds (1829 m) beyond the 
location of the last detection.
    (C) When marine mammals are detected by any means (aircraft, 
shipboard lookout, or acoustically) the Navy shall ensure that sonar 
transmission ceases if any detected marine mammals are within 200 yards 
(183 m) of the sonar dome (the bow). Sonar shall not resume until the 
animal has been seen to leave the 200-yd safety zone, has not been 
detected for 30 minutes, or the vessel has transited more than 2,000 yds 
(457 m) beyond the location of the last detection.
    (D) Special conditions applicable for dolphins and porpoises only: 
If, after conducting an initial maneuver to avoid close quarters with 
dolphins or porpoises, the OOD concludes that dolphins or porpoises are 
deliberately closing to ride the vessel's bow wave, no further 
mitigation actions are necessary while the dolphins or porpoises 
continue to exhibit bow wave riding behavior.
    (xi) Prior to start up or restart of active sonar, operators will 
check that the 1000-m Safety Zone radius around the sound source is 
clear of marine mammals.
    (xii) Active sonar levels (generally)--Navy shall operate active 
sonar at the lowest practicable level, not to exceed 235 dB, except as 
required to meet tactical training objectives.
    (xiii) Submarine sonar operators will review detection indicators of 
close-aboard marine mammals prior to the commencement of ASW training 
events involving MFAS.
    (E) If the need for power-down should arise (as detailed in 
218.114(a)(3)(x)) when the Navy is operating a hull-

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mounted or sub-mounted source above 235 dB (infrequent), the Navy shall 
follow the requirements as though they were operating at 235 dB--the 
normal operating level (i.e., the first power-down will be to 229 dB, 
regardless of at what level above 235 dB active sonar was being 
operated).
    (4) Operating Procedures for Underwater Detonations (up to 10-lb 
charges):
    (i) Exclusion Zones--All demolitions and ship mine countermeasures 
training exercises involving the use of explosive charges must include 
exclusion zones for marine mammals to prevent physical and/or acoustic 
effects to those species. These exclusion zones shall extend in a 700-
yard arc radius around the detonation site. Should a marine mammal be 
present within the the surveillance area, the explosive event shall not 
be started until the animal leaves the area.
    (ii) Pre-Exercise Surveys--For Demolition and Ship Mine 
Countermeasures Operations, pre-exercise surveys shall be conducted for 
30 minutes prior to the commencement of the scheduled explosive event. 
The survey may be conducted from the surface, by divers, and/or from the 
air, and personnel shall be alert to the presence of any marine mammal. 
Should such an animal be present within the survey area, the explosive 
event shall not be started until the animal voluntarily leaves the area. 
The Navy will ensure the area is clear of marine mammals for a full 30 
minutes prior to initiating the explosive event. Personnel will record 
any marine mammal observations during the exercise as well as measures 
taken if species are detected within the exclusion zone.
    (iii) Post-Exercise Surveys--Surveys within the same exclusion zone 
radius shall also be conducted within 30 minutes after the completion of 
the explosive event.
    (iv) Reporting--If there is evidence that a marine mammal may have 
been stranded, injured or killed by the action, Navy training activities 
shall be immediately suspended and the situation immediately reported by 
the participating unit to the Officer in Charge of the Exercise (OCE), 
who will follow Navy procedures for reporting the incident to Commander, 
Pacific Fleet, Commander, Navy Region Marianas, Environmental Director, 
and the chain-of-command. The situation shall also be reported to NMFS 
(see Stranding Plan for details).
    (5) Sinking Exercise:
    (i) All weapons firing shall be conducted during the period 1 hour 
after official sunrise to 30 minutes before official sunset.
    (ii) An exclusion zone with a radius of 1.0 nm (1.9 km) will be 
established around each target. An additional buffer of 0.5 nm (0.9 km) 
will be added to account for errors, target drift, and animal movements. 
Additionally, a safety zone, which will extend beyond the buffer zone by 
an additional 0.5 nm (0.9 km), shall be surveyed. Together, the zone 
extends out 2 nm (3.7 km) from the target.
    (iii) A series of surveillance over-flights shall be conducted 
within the 2-nm zone around the target, prior to and during the 
exercise, when feasible. Survey protocol shall be as follows:
    (A) Overflights within the 2-nm zone around the target shall be 
conducted in a manner that optimizes the surface area of the water 
observed. This may be accomplished through the use of the Navy's Search 
and Rescue Tactical Aid, which provides the best search altitude, ground 
speed, and track spacing for the discovery of small, possibly dark 
objects in the water based on the environmental conditions of the day. 
These environmental conditions include the angle of sun inclination, 
amount of daylight, cloud cover, visibility, and sea state.
    (B) All visual surveillance activities shall be conducted by Navy 
personnel trained in visual surveillance. At least one member of the 
mitigation team will have completed the Navy's marine mammal training 
program for lookouts.
    (C) In addition to the overflights, the 2-nm zone around the target 
shall be monitored by passive acoustic means, when assets are available. 
This passive acoustic monitoring would be maintained throughout the 
exercise. Additionally, passive sonar onboard submarines may be utilized 
to detect any vocalizing marine mammals in the area. The OCE will be 
informed of any

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aural detection of marine mammals and will include this information in 
the determination of when it is safe to commence the exercise.
    (D) On each day of the exercise, aerial surveillance of the 2-nm 
zone around the target shall commence 2 hours prior to the first firing.
    (E) The results of all visual, aerial, and acoustic searches shall 
be reported immediately to the OCE. No weapons launches or firing may 
commence until the OCE declares this 2-nm zone around the target is free 
of marine mammals.
    (F) If a marine mammal is observed within the 2-nm zone around the 
target, firing will be delayed until the animal is re-sighted outside 
the 2-nm zone around the target, or 30 minutes have elapsed. After 30 
minutes, if the animal has not been re-sighted it can be assumed to have 
left the 2-nm zone around the target. The OCE will determine if the 
marine mammal is in danger of being adversely affected by commencement 
of the exercise.
    (G) During breaks in the exercise of 30 minutes or more, the 2-nm 
zone around the target shall again be surveyed for any marine mammal. If 
marine mammals are sighted within the 2-nm zone around the target, the 
OCE shall be notified, and the procedures described in this section 
shall be followed.
    (H) Upon sinking of the vessel, a final surveillance of the 2-nm 
zone around the target shall be monitored for 2 hours, or until sunset, 
to verify that no marine mammals were harmed.
    (iv) Aerial surveillance shall be conducted using helicopters or 
other aircraft based on necessity and availability. The Navy has several 
types of aircraft capable of performing this task; however, not all 
types are available for every exercise. For each exercise, the available 
asset best suited for identifying objects on and near the surface of the 
ocean shall be used. These aircraft shall be capable of flying at the 
slow safe speeds necessary to enable viewing of marine vertebrates with 
unobstructed, or minimally obstructed, downward and outward visibility. 
The exclusion and safety zone surveys may be cancelled in the event that 
a mechanical problem, emergency search and rescue, or other similar and 
unexpected event preempts the use of one of the aircraft onsite for the 
exercise.
    (v) Every attempt shall be made to conduct the exercise in sea 
states that are ideal for marine mammal sighting, Beaufort Sea State 3 
or less. In the event of a 4 or above, survey efforts shall be increased 
within the 2-nm zone around the target. This shall be accomplished 
through the use of an additional aircraft, if available, and conducting 
tight search patterns.
    (vi) The exercise shall not be conducted unless the 2-nm zone around 
the target could be adequately monitored visually. Should low cloud 
cover or surface visibility prevent adequate visual monitoring as 
described previously, the exercise would be delayed until conditions 
improved, and all of the above monitoring criteria could be met.
    (vii) In the event that any marine mammals are observed to be harmed 
in the area, a detailed description of the animal shall be taken, the 
location noted, and if possible, photos taken of the marine mammal. This 
information shall be provided to NMFS via the Navy's regional 
environmental coordinator for purposes of identification (see the 
Stranding Plan for detail).
    (viii) An after action report detailing the exercise's time line, 
the time the surveys commenced and terminated, amount, and types of all 
ordnance expended, and the results of survey efforts for each event 
shall be submitted to NMFS.
    (6) Surface-to-Surface Gunnery (up to 5-inch Explosive Rounds):
    (i) For exercises using targets towed by a vessel, target-towing 
vessels shall maintain a trained lookout for marine mammals when 
feasible. If a marine mammal is sighted in the vicinity, the tow vessel 
will immediately notify the firing vessel, which will suspend the 
exercise until the area is clear.
    (ii) A 600 yard (585 m) radius buffer zone will be established 
around the intended target.
    (iii) From the intended firing position, trained lookouts will 
survey the buffer zone for marine mammals prior to commencement and 
during the exercise as long as practicable. Due to the distance between 
the firing position and the buffer zone, lookouts are only

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expected to visually detect breaching whales, whale blows, and large 
pods of dolphins and porpoises.
    (iv) The exercise will be conducted only when the buffer zone is 
visible and marine mammals are not detected within it.
    (7) Surface-to-Surface Gunnery (non-explosive rounds):
    (i) A 200-yd (183 m) radius buffer zone shall be established around 
the intended target.
    (ii) From the intended firing position, trained lookouts shall 
survey the buffer zone for marine mammals prior to commencement and 
during the exercise as long as practicable.
    (iii) If available, target towing vessels shall maintain a lookout 
(unmanned towing vessels will not have a lookout available). If a marine 
mammal is sighted in the vicinity of the exercise, the tow vessel shall 
immediately notify the firing vessel in order to secure gunnery firing 
until the area is clear.
    (iv) The exercise shall be conducted only when the buffer zone is 
visible and marine mammals are not detected within the target area and 
the buffer zone.
    (8) Surface-to-Air Gunnery (Explosive and Non-explosive Rounds):
    (i) Vessels will orient the geometry of gunnery exercises in order 
to prevent debris from falling in the area of sighted marine mammals.
    (ii) Vessels will attempt to recover any parachute deploying aerial 
targets to the extent practicable (and their parachutes if feasible) to 
reduce the potential for entanglement of marine mammals.
    (iii) Target towing aircraft shall maintain a lookout if feasible. 
If a marine mammal is sighted in the vicinity of the exercise, the tow 
aircraft will immediately notify the firing vessel in order to secure 
gunnery firing until the area is clear.
    (9) Air-to-Surface Gunnery (Explosive and Non-explosive Rounds):
    (i) A 200 yard (183 m) radius buffer zone will be established around 
the intended target.
    (ii) If surface vessels are involved, lookout(s) will visually 
survey the buffer zone for marine mammals to and during the exercise.
    (iii) Aerial surveillance of the buffer zone for marine mammals will 
be conducted prior to commencement of the exercise. Aerial surveillance 
altitude of 500 feet to 1,500 feet (152-456 m) is optimum. Aircraft 
crew/pilot will maintain visual watch during exercises. Release of 
ordnance through cloud cover is prohibited; aircraft must be able to 
actually see ordnance impact areas.
    (iv) The exercise will be conducted only if marine mammals are not 
visible within the buffer zone.
    (10) Small Arms Training (Grenades, Explosive and Non-explosive 
Rounds)--Lookouts will visually survey for marine mammals. Weapons will 
not be fired in the direction of known or observed marine mammals.
    (11) Air-to-Surface At-sea Bombing Exercises (explosive bombs and 
rockets):
    (i) If surface vessels are involved, trained lookouts shall survey 
for marine mammals. Ordnance shall not be targeted to impact within 
1,000 yds (914 m) of known or observed marine mammals.
    (ii) A 1,000 yd (914 m) radius buffer zone shall be established 
around the intended target.
    (iii) Aircraft shall visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area shall be made by flying at 1,500 ft (152 m) or lower, if 
safe to do so, and at the slowest safe speed. When safety or other 
considerations require the release of weapons without the releasing 
pilot having visual sight of the target area, a second aircraft, the 
``wingman,'' will clear the target area and perform the clearance and 
observation functions required before the dropping plane may release its 
weapons. Both planes must have direct communication to assure immediate 
notification to the dropping plane that the target area may have been 
fouled by encroaching animals or people. The clearing aircraft will 
assure it has visual site of the target area at a maximum height of 1500 
ft. The clearing plane will remain within visual sight of the target 
until required to clear the area for safety reasons. Survey aircraft 
shall employ most effective search tactics and capabilities.

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    (iv) The exercise will be conducted only if marine mammals are not 
visible within the buffer zone.
    (12) Air-to-Surface At-Sea Bombing Exercises (Non-explosive Bombs 
and Rockets):
    (i) If surface vessels are involved, trained lookouts will survey 
for marine mammals. Ordnance shall not be targeted to impact within 
1,000 yards (914 m) of known or observed or marine mammals.
    (ii) A 1,000 yard (914 m) radius buffer zone will be established 
around the intended target.
    (iii) Aircraft will visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area will be made by flying at 1,500 feet (456 m) or lower, if 
safe to do so, and at the slowest safe speed. When safety or other 
considerations require the release of weapons without the releasing 
pilot having visual sight of the target area, a second aircraft, the 
``wingman,'' will clear the target area and perform the clearance and 
observation functions required before the dropping plane may release its 
weapons. Both planes must have direct communication to assure immediate 
notification to the dropping plane that the target area may have been 
fouled by encroaching animals or people. The clearing aircraft will 
assure it has visual site of the target area at a maximum height of 1500 
ft. The clearing plane will remain within visual sight of the target 
until required to clear the area for safety reasons. Survey aircraft 
shall employ most effective search tactics and capabilities.
    (iv) The exercise will be conducted only if marine mammals and are 
not visible within the buffer zone.
    (13) Air-to-Surface Missile Exercises (explosive and non-explosive):
    (i) Aircraft will visually survey the target area for marine 
mammals. Visual inspection of the target area will be made by flying at 
1,500 (457 m) feet or lower, if safe to do so, and at slowest safe 
speed. Firing or range clearance aircraft must be able to actually see 
ordnance impact areas.
    (ii) Explosive ordnance shall not be targeted to impact within 1,800 
yds (1646 m) of sighted marine mammals.
    (14) Aircraft Training Activities Involving Non-Explosive Devices:
    An exclusion zone of 200 yds around the target location, therefore, 
shall be clear of marine mammals. Pre- and post-surveillance and 
reporting requirements outlined for underwater detonations shall be 
implemented during Mining Training Activities.
    (15) Extended Echo Ranging/Improved Extended Echo Ranging and 
Advanced Extended Echo-ranging (EER/IEER/AEER)--The following mitigation 
measures shall be used with the employment of IEER/AEER sonobuoys:
    (i) Crews shall conduct visual reconnaissance of the drop area prior 
to laying their intended sonobuoy pattern. This search shall be 
conducted at an altitude below 500 yd (457 m) at a slow speed, if 
operationally feasible and weather conditions permit. In dual aircraft 
operations, crews are allowed to conduct coordinated area clearances.
    (ii) For IEER (AN/SSQ-110A), crews shall conduct a minimum of 30 
minutes of visual and aural monitoring of the search area prior to 
commanding the first post detonation. This 30-minute observation period 
may include pattern deployment time.
    (iii) For any part of the intended sonobuoy pattern where a post 
(source/receiver sonobuoy pair) will be deployed within 1,000 yd (914 m) 
of observed marine mammal activity, the Navy shall deploy the receiver 
ONLY (i.e., not the source) and monitor while conducting a visual 
search. When marine mammals are no longer detected within 1,000 yd (914 
m) of the intended post position, the source sonobuoy (AN/SSQ-110A/SSQ-
125) will be co-located with the receiver.
    (iv) When operationally feasible, Navy crews shall conduct 
continuous visual and aural monitoring of marine mammal activity. This 
shall include monitoring of own-aircraft sensors from the time of the 
first sensor placement until the aircraft have left the area and are out 
of RF range of these sensors.
    (v) Aural Detection. If the presence of marine mammals is detected 
aurally, then that shall cue the Navy aircrew to increase the diligence 
of their visual surveillance. Subsequently, if no marine mammals are 
visually detected,

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then the crew may continue multi-static active search.
    (vi) Visual Detection. If marine mammals are visually detected 
within 1,000 yd (914 m) of the explosive source sonobuoy (AN/SSQ-110A/
SSQ-125) intended for use, then that payload shall not be activated. 
Aircrews may utilize this post once the marine mammals have not been re-
sighted for 30 minutes, or are observed to have moved outside the 1,000 
yd (914 m) safety buffer. Aircrews may shift their multi-static active 
search to another post, where marine mammals are outside the 1,000 yd 
(914 m) safety buffer.
    (vii) For IEER (AN/SSQ-110A), aircrews shall make every attempt to 
manually detonate the unexploded charges at each post in the pattern 
prior to departing the operations area by using the ``Payload 1 
Release'' command followed by the ``Payload 2 Release'' command. 
Aircrews shall refrain from using the ``Scuttle'' command when two 
payloads remain at a given post. Aircrews shall ensure that a 1,000 yd 
(914 m) safety buffer, visually clear of marine mammals, is maintained 
around each post as is done during active search operations.
    (viii) Aircrews shall only leave posts with unexploded charges in 
the event of a sonobuoy malfunction, an aircraft system malfunction, or 
when an aircraft must immediately depart the area due to issues such as 
fuel constraints, inclement weather, and in-flight emergencies. In these 
cases, the sonobuoy will self-scuttle using the secondary or tertiary 
method.
    (ix) The Navy shall ensure all payloads are accounted for. Explosive 
source sonobuoys (AN/SSQ-110A) that cannot be scuttled shall be reported 
as unexploded ordnance via voice communications while airborne, then 
upon landing via naval message.
    (x) Marine mammal monitoring shall continue until out of own-
aircraft sensor range.
    (16) The Navy shall implement the ``Stranding Response Plan for 
Major Navy Training Exercises in the MIRC'' (available at: http://
www.nmfs.noaa.gov/pr/permits/incidental.htm), which is incorporated 
herein by reference, including the following measures:
    (i) Shutdown Procedures. When an Uncommon Stranding Event (USE--
defined in Sec. 216.271) occurs during a Major Training Exercise (MTE) 
(as defined in the Stranding Plan, meaning including Multi-strike group 
exercises, Joint Expeditionary exercises, and Marine Air Ground Task 
Force exercises in the MIRC), the Navy shall implement the procedures 
described in this section.
    (A) The Navy shall implement a Shutdown (as defined in the Stranding 
Response Plan for MIRC) when advised by a NMFS Office of Protected 
Resources Headquarters Senior Official designated in the MIRC Stranding 
Communication Protocol that a USE (as defined in the Stranding Response 
Plan for MIRC) involving live animals has been identified and that at 
least one live animal is located in the water. NMFS and Navy shall 
communicate, as needed, regarding the identification of the USE and the 
potential need to implement shutdown procedures.
    (B) Any shutdown in a given area shall remain in effect in that area 
until NMFS advises the Navy that the subject(s) of the USE at that area 
die or are euthanized, or that all live animals involved in the USE at 
that area have left the area (either of their own volition or herded).
    (C) If the Navy finds an injured or dead marine mammal floating at 
sea during an MTE, the Navy shall notify NMFS immediately or as soon as 
operational security considerations allow. The Navy shall provide NMFS 
with species or description of the animal(s), the condition of the 
animal(s) including carcass condition if the animal(s) is/are dead, 
location, time of first discovery, observed behaviors (if alive), and 
photo or video of the animals (if available). Based on the information 
provided, NMFS shall determine if, and advise the Navy whether, a 
modified shutdown is appropriate on a case-by-case basis.
    (D) In the event, following a USE, that: (a) Qualified individuals 
are attempting to herd animals back out to the open ocean and animals 
are not willing to leave, or (b) animals are seen repeatedly heading for 
the open ocean but turning back to shore, NMFS and the Navy shall 
coordinate (including an

[[Page 203]]

investigation of other potential anthropogenic stressors in the area) to 
determine if the proximity of MFAS/HFAS activities or explosive 
detonations, though farther than 14 nm from the distressed animal(s), is 
likely decreasing the likelihood that the animals return to the open 
water. If so, NMFS and the Navy shall further coordinate to determine 
what measures are necessary to further minimize that likelihood and 
implement those measures as appropriate.
    (ii) Within 72 hours of NMFS notifying the Navy of the presence of a 
USE, the Navy shall provide available information to NMFS (per the MIRC 
Communication Protocol) regarding the location, number and types of 
acoustic/explosive sources, direction and speed of units using MFAS/
HFAS, and marine mammal sightings information associated with training 
activities occurring within 80 nm (148 km) and 72 hours prior to the USE 
event. Information not initially available regarding the 80 nm (148 km), 
72 hours, period prior to the event shall be provided as soon as it 
becomes available. The Navy shall provide NMFS investigative teams with 
additional relevant unclassified information as requested, if available.
    (b) [Reserved]



Sec. 218.105  Requirements for monitoring and reporting.

    (a) General Notification of Injured or Dead Marine Mammals. Navy 
personnel shall ensure that NMFS is notified immediately ((see 
Communication Plan) or as soon as clearance procedures allow) if an 
injured, stranded, or dead marine mammal is found during or shortly 
after, and in the vicinity of, any Navy training exercise utilizing 
MFAS, HFAS, or underwater explosive detonations. The Navy will provide 
NMFS with the name of species or description of the animal(s), the 
condition of the animal(s) (including carcass condition if the animal is 
dead), location, time of first discovery, observed behaviors (if alive), 
and photo or video of the animal(s) (if available). In the event that an 
injured, stranded, or dead marine mammal is found by the Navy that is 
not in the vicinity of, or during or shortly after, MFAS, HFAS, or 
underwater explosive detonations, the Navy will report the same 
information as listed above as soon as operationally feasible and 
clearance procedures allow.
    (b) General Notification of Ship Strike. In the event of a ship 
strike by any Navy vessel, at any time or place, the Navy shall do the 
following:
    (1) Immediately report to NMFS the species identification (if 
known), location (lat/long) of the animal (or the strike if the animal 
has disappeared), and whether the animal is alive or dead, or whether 
its status is unknown.
    (2) Report to NMFS as soon as operationally feasible the size and 
length of animal, an estimate of the injury status (ex., dead, injured 
but alive, injured and moving, unknown, etc.), vessel class/type and 
operational status.
    (3) Report to NMFS the vessel length, speed, and heading as soon as 
feasible.
    (4) Provide NMFS a photo or video of the animal(s), if equipment is 
available.
    (c) The Navy must conduct all monitoring and/or research required 
under the Letter of Authorization, including abiding by the annual MIRC 
Monitoring Plan. (http://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications)
    (d) Report on Monitoring required in paragraph (c) of this section. 
The Navy shall submit a report annually describing the implementation 
and results of the monitoring required in paragraph (c) of this section. 
Required submission date will be identified each year in the LOA. Navy 
will standardize data collection methods across ranges to allow for 
comparison in different geographic locations.
    (e) Sonar Exercise Notification. The Navy shall submit to the NMFS 
Office of Protected Resources (specific contact information to be 
provided in LOA) either an electronic (preferably) or verbal report 
within fifteen calendar days after the completion of any Major Training 
Exercise for Reporting (MTER) indicating:
    (1) Location of the exercise;
    (2) Beginning and end dates of the exercise; and
    (3) Type of exercise.
    (f) Annual MIRC Report. The Navy will submit an Annual Exercise MIRC 
Report every year. This report shall

[[Page 204]]

contain the subsections and information indicated below.
    (1) MFAS/HFAS Major Training Exercises--This section shall contain 
the following information for the following Coordinated and Strike Group 
exercises, which for simplicity will be referred to as MTERs: Joint 
Multi-strike Group Exercises; Joint Expeditionary Exercises; and Marine 
Air Ground Task Force MIRC:
    (i) Exercise Information (for each MTER):
    (A) Exercise designator;
    (B) Date that exercise began and ended;
    (C) Location;
    (D) Number and types of active sources used in the exercise;
    (E) Number and types of passive acoustic sources used in exercise;
    (F) Number and types of vessels, aircraft, etc., participating in 
exercise;
    (G) Total hours of observation by watchstanders;
    (H) Total hours of all active sonar source operation;
    (I) Total hours of each active sonar source (along with explanation 
of how hours are calculated for sources typically quantified in 
alternate way (buoys, torpedoes, etc.)); and
    (J) Wave height (high, low, and average during exercise).
    (ii) Individual marine mammal sighting info (for each sighting in 
each MTER):
    (A) Location of sighting;
    (B) Species (if not possible--indication of whale/dolphin/pinniped);
    (C) Number of individuals;
    (D) Calves observed (y/n);
    (E) Initial Detection Sensor;
    (F) Indication of specific type of platform observation made from 
(including, for example, what type of surface vessel, i.e., FFG, DDG, or 
CG);
    (G) Length of time observers maintained visual contact with marine 
mammal(s);
    (H) Wave height (in feet);
    (I) Visibility;
    (J) Sonar source in use (y/n);
    (K) Indication of whether animal is <200 yd, 200-500 yd, 500-1,000 
yd, 1,000-2,000 yd, or 2,000 yd from sonar source in 
paragraph (f)(1)(i)(J) of this section;
    (L) Mitigation Implementation. Whether operation of sonar sensor was 
delayed, or sonar was powered or shut down, and how long the delay was;
    (M) If source in use in paragraph (f)(1)(i)(J) is hullmounted, true 
bearing of animal from ship, true direction of ship's travel, and 
estimation of animal's motion relative to ship (opening, closing, 
parallel); and
    (N) Observed behavior. Watchstanders shall describe, in plain 
language and without trying to categorize in any way, the observed 
behavior of the animals (such as animal closing to bow ride, paralleling 
course/speed, floating on surface and not swimming, etc.).
    (iii) An evaluation (based on data gathered during all of the MTERs) 
of the effectiveness of mitigation measures designed to avoid exposing 
marine mammals to MFAS. This evaluation shall identify the specific 
observations that support any conclusions the Navy reaches about the 
effectiveness of the mitigation.
    (2) ASW Summary. This section shall include the following 
information as summarized from non-major training exercises (unit-level 
exercises, such as TRACKEXs):
    (i) Total Hours. Total annual hours of each type of sonar source 
(along with explanation of how hours are calculated for sources 
typically quantified in alternate way (buoys, torpedoes, etc.));
    (ii) Cumulative Impacts. To the extent practicable, the Navy, in 
coordination with NMFS, shall develop and implement a method of annually 
reporting non-major training (i.e., ULT) utilizing hull-mounted sonar. 
The report shall present an annual (and seasonal, where practicable) 
depiction of non-major training exercises geographically across MIRC. 
The Navy shall include (in the MIRC annual report) a brief annual 
progress update on the status of the development of an effective and 
unclassified method to report this information until an agreed-upon 
(with NMFS) method has been developed and implemented.
    (3) Sinking Exercises (SINKEXs). This section shall include the 
following information for each SINKEX completed that year:
    (i) Exercise info:
    (A) Location;

[[Page 205]]

    (B) Date and time exercise began and ended;
    (C) Total hours of observation by watchstanders before, during, and 
after exercise;
    (D) Total number and types of rounds expended/explosives detonated;
    (E) Number and types of passive acoustic sources used in exercise;
    (F) Total hours of passive acoustic search time;
    (G) Number and types of vessels, aircraft, etc., participating in 
exercise;
    (H) Wave height in feet (high, low and average during exercise); and
    (I) Narrative description of sensors and platforms utilized for 
marine mammal detection and timeline illustrating how marine mammal 
detection was conducted.
    (ii) Individual marine mammal observation during SINKEX (by Navy 
lookouts) information:
    (A) Location of sighting;
    (B) Species (if not possible--indication of whale/dolphin/pinniped);
    (C) Number of individuals;
    (D) Calves observed (y/n);
    (E) Initial detection sensor;
    (F) Length of time observers maintained visual contact with marine 
mammal;
    (G) Wave height;
    (H) Visibility;
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after;
    (J) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated)--use four categories to define distance:
    (1) The modeled injury threshold radius for the largest explosive 
used in that exercise type in that OPAREA (TBD m for SINKEX in MIRC);
    (2) The required exclusion zone (1 nm for SINKEX in MIRC);
    (3) The required observation distance (if different than the 
exclusion zone (2 nm for SINKEX in MIRC); and
    (4) Greater than the required observed distance. For example, in 
this case, the observer shall indicate if < TBD m, from 426 m-1 nm, from 
1 nm-2 nm, and 2 nm.
    (K) Observed behavior--Watchstanders will describe, in plain 
language and without trying to categorize in any way, the observed 
behavior of the animals (such as animal closing to bow ride, paralleling 
course/speed, floating on surface and not swimming etc.), including 
speed and direction.
    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long.
    (M) If observation occurs while explosives are detonating in the 
water, indicate munitions type in use at time of marine mammal 
detection.
    (4) Improved Extended Echo-Ranging System (IEER)/Advanced Extended 
Echo-Ranging (AEER) Summary:
    (i) Total number of IEER and AEER events conducted in MIRC;
    (ii) Total expended/detonated rounds (buoys); and
    (iii) Total number of self-scuttled IEER rounds.
    (5) Explosives Summary. The Navy is in the process of improving the 
methods used to track explosive use to provide increased granularity. To 
the extent practicable, the Navy shall provide the information described 
below for all of their explosive exercises. Until the Navy is able to 
report in full the information below, they will provide an annual update 
on the Navy's explosive tracking methods, including improvements from 
the previous year.
    (i) Total annual number of each type of explosive exercise (of those 
identified as part of the ``activity'' in this Subpart) conducted in 
MIRC; and
    (ii) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (g) MIRC 5-year Comprehensive Report. The Navy shall submit to NMFS 
a draft report that analyzes and summarizes all of the multi-year marine 
mammal information gathered during ASW and explosive exercises for which 
annual reports are required (Annual MIRC Exercise Reports and MIRC 
Monitoring Plan Reports). This report will be submitted at the end of 
the fourth year of the rule (November 2014), covering activities that 
have occurred through July 15, 2014.
    (h) Comprehensive National ASW Report. By June, 2014, the Navy shall 
submit a draft National Report that analyzes, compares, and summarizes 
the

[[Page 206]]

active sonar data gathered (through January 1, 2014) from the 
watchstanders and pursuant to the implementation of the Monitoring Plans 
for the Northwest Training Range Complex, the Southern California Range 
Complex, the Atlantic Fleet Active Sonar Training, the Hawaii Range 
Complex, the Mariana Islands Range Complex, and the Gulf of Alaska.
    (i) The Navy shall comply with the 2009 Integrated Comprehensive 
Monitoring Program (ICMP) Plan and continue to improve the program in 
consultation with NMFS. Changes and improvements to the program made 
during 2010 (as prescribed in the 2009 ICMP and deemed appropriate by 
the Navy and NMFS) will be described in an updated 2010 ICMP and 
submitted to NMFS by October 31, 2010, for review. An updated 2010 ICMP 
will be finalized by December 31, 2010.



Sec. 218.106  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. Citizen (as defined by Sec. 216.103) conducting the activity 
identified in Sec. 218.100(c) (i.e., the Navy) must apply for and 
obtain either an initial Letter of Authorization in accordance with 
Sec. 218.107 or a renewal under Sec. 218.108.



Sec. 218.107  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.108.
    (b) Each Letter of Authorization shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization shall be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.108  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. 216.106 and Sec. 
218.107 of this chapter for the activity identified in Sec. 218.100(c) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.206 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Receipt of the monitoring reports and notifications within the 
timeframes indicated in the previous LOA; and
    (3) A determination by NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.104 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 218.107 of this 
chapter, were undertaken and will be undertaken during the upcoming 
annual period of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.208 indicates that a substantial 
modification, as determined by NMFS, to the described work, mitigation 
or monitoring undertaken during the upcoming season will occur, NMFS 
will provide the public a period of 30 days for review and comment on 
the request.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) Adaptive Management. NMFS may modify or augment the existing 
mitigation or monitoring measures (after consulting with the Navy 
regarding the practicability of the modifications) if doing so creates a 
reasonable likelihood of more effectively accomplishing the goals of 
mitigation and monitoring set forth in the preamble of these 
regulations. Below are some of the possible sources of new data that 
could contribute to the decision to modify the mitigation or monitoring 
measures:
    (1) Results from the Navy's monitoring from the previous year 
(either

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from the MIRC Study Area or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011.
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the Integrated Comprehensive Monitoring 
Plan).
    (4) Results from specific stranding investigations (either from the 
MIRC Study Area or other locations, and involving coincident MFAS/HFAS 
or explosives training or not involving coincident use).
    (5) Results from the Long Term Prospective Study described in the 
preamble to these regulations.
    (6) Results from general marine mammal and sound research.
    (7) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not anticipated by these regulations 
or subsequent Letters of Authorization.



Sec. 218.109  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 218.107 of this chapter and subject to the provisions of this 
subpart, shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 218.108 without 
modification (except for the period of validity) is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.100(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 218.107 of this 
chapter may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.



  Subpart M_Taking and Importing Marine Mammals; U.S. Navy's Northwest 
                     Training Range Complex (NWTRC)

    Source: 75 FR 69319, Nov. 10, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 69319, Nov. 10, 2010, subpart M was 
added, effective Nov. 9, 2010 through Nov. 9, 2015.



Sec. 218.110  Specified activity and specified geographical area.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the Offshore area of the Northwest Training Range 
Complex (NWTRC) (as depicted in Figure ES-1 in the Navy's Draft 
Environmental Impact Statement for NWTRC), which is bounded by 
48[deg]30[min] N. lat.; 130[deg]00[min] W. long.; 40[deg]00[min] N. 
lat.; and on the east by 124[deg]00[min] W. long or by the shoreline 
where the shoreline extends west of 124[deg]00[min] W. long (excluding 
the Strait of Juan de Fuca (east of 124[deg]40[min] W. long), which is 
not included in the Offshore area).
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities within the designated 
amounts of use:
    (1) The use of the following mid-frequency active sonar (MFAS) 
sources, high frequency active sonar (HFAS) sources for U.S. Navy anti-
submarine warfare (ASW) and mine warfare (MIW) training, in the amounts 
indicated below:
    (i) AN/SQS-53 (hull-mounted active sonar)--up to 215 hours over the 
course of 5 years (an average of 43 hours per year);
    (ii) AN/SQS-56 (hull-mounted active sonar)--up to 325 hours over the 
course of 5 years (an average of 65 hours per year);
    (iii) SSQ-62 (Directional Command Activated Sonobuoy System (DICASS) 
sonobuoys)--up to 4430 sonobuoys over

[[Page 208]]

the course of 5 years (an average of 886 sonobuoys per year)
    (iv) MK-48 (heavyweight torpedoes)--up to 10 torpedoes over the 
course of 5 years (an average of 2 torpedoes per year);
    (v) AN/BQS-15 (mine detection and submarine navigational sonar)--up 
to 210 hours over the course of 5 years (an average of 42 hours per 
year);
    (vi) AN/SSQ-125 (AEER)--up to 745 buoys deployed over the course of 
5 years (total combined with the AN/SSQ-110A (IEER)) (an average of 149 
per year);
    (vii) Range Pingers--up to 900 hours over the course of 5 years (an 
average of 180 hours per year); and
    (viii) PUTR Uplink--up to 750 hours over the course of 5 years (an 
average of 150 hours per year).
    (2) The detonation of the underwater explosives indicated in 
paragraph (c)(2)(i) conducted as part of the training events indicated 
in paragraph (c)(2)(ii):
    (i) Underwater Explosives:
    (A) 5[sec] Naval Gunfire (9.5 lbs);
    (B) 76 mm rounds (1.6 lbs);
    (C) Maverick (78.5 lbs);
    (D) Harpoon (448 lbs);
    (E) MK-82 (238 lbs);
    (F) MK-48 (851 lbs);
    (G) Demolition Charges (2.5 lbs);
    (H) AN/SSQ-110A (IEER explosive sonobuoy--5 lbs);
    (I) HARM;
    (J) Hellfire;
    (K) SLAM; and
    (L) GBU 10, 12, and 16.
    (ii) Training Events:
    (A) Surface-to-surface Gunnery Exercises (S-S GUNEX)--up to 1700 
exercises over the course of 5 years (an average of 340 per year).
    (B) Bombing Exercises (BOMBEX)--up to 150 exercises over the course 
of 5 years (an average of 30 per year).
    (C) Sinking Exercises (SINKEX)--up to 10 exercises over the course 
of 5 years (an average of 2 per year).
    (D) Extended Echo Ranging and Improved Extended Echo Ranging (EER/
IEER) Systems--up to 60 exercises (total combined with the AN/SSQ-125A 
(AEER)) over the course of 5 years (an average of 12 per year).
    (3) The taking of marine mammals may also be authorized in an LOA 
for the activities and sources listed in Sec. 218.110(c)(1) should the 
amounts (i.e., hours, dips, number of exercises) vary from those 
estimated in Sec. 218.110(c)(2), provided that the variation does not 
result in exceeding the amount of take indicated in Sec. 218.112(c).



Sec. 218.111  Effective dates.

    Regulations are effective November 9, 2010 through November 9, 2015.



Sec. 218.112  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 218.117 of this chapter, the Holder of the Letter of 
Authorization (hereinafter ``Navy'') may incidentally, but not 
intentionally, take marine mammals within the area described in Sec. 
218.110(b), provided the activity is in compliance with all terms, 
conditions, and requirements of these regulations and the appropriate 
Letter of Authorization.
    (b) [Reserved]
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.110(c) is limited to the species listed in 
paragraphs (c)(4) and (5) of this section by the indicated method of 
take and the indicated number of times (estimated based on the 
authorized amounts of sound source operation), but with the following 
allowances for annual variation in sonar activities:
    (1) In any given year, annual take, by harassment, of any species of 
marine mammal may not exceed the amount indentified in paragraph (c)(4) 
and (5) of this section, for that species by more than 25 percent (a 
post-calculation/estimation of which must be provided in the annual LOA 
application);
    (2) In any given year, annual take by harassment of all marine 
mammal species combined may not exceed the estimated total of all 
species combined, indicated in paragraphs (c)(4) and (5), by more than 
10 percent; and
    (3) Over the course of the effective period of this subpart, total 
take, by harassment, of any species may not exceed the 5-year amounts 
indicated in paragraphs (c)(4) and (5) by more than 10 percent. A 
running calculation/estimation of takes of each species over

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the course of the years covered by the rule must be maintained.
    (4) Level B Harassment:
    (i) Mysticetes:
    (A) Humpback whale (Megaptera novaeangliae)--75 (an average of 15 
annually);
    (B) Fin whale (Balaenoptera physalus)--720 (an average of 144 
annually);
    (C) Blue whale (Balaenoptera musculus)--95 (an average of 19 
annually);
    (D) Sei whale (Balaenoptera borealis)--5 (an average of 1 annually);
    (E) Minke whale (Balaenoptera acutorostrata)--45 (an average of 9 
annually); and
    (F) Gray whale (Eschrichtius robustus)--20 (an average of 4 
annually).
    (ii) Odontocetes:
    (A) Sperm whales (Physeter macrocephalus)--635 (an average of 127 
annually);
    (B) Killer whale (Orcinus orca)--70 (an average of 14 annually);
    (C) Pygmy or dwarf sperm whales (Kogia breviceps or Kogia sima)--20 
(an average of 4 annually);
    (D) Mesoplodont beaked whales--75 (an average of 15 annually);
    (E) Cuvier's beaked whales (Ziphius cavirostris)--70 (an average of 
14 annually);
    (F) Baird's beaked whales (Berardius bairdii)--65 (an average of 13 
annually);
    (G) Short-finned pilot whale (Globicephala macrorynchus)--10 (an 
average of 2 annually);
    (H) Striped dolphin (Stenella coeruleoalba)--200 (an average of 40 
annually);
    (I) Short-beaked common dolphin (Globicephala macrorhynchus)--6280 
(an average of 1256 annually);
    (J) Risso's dolphin (Grampus griseus)--500 (an average of 100 
annually);
    (K) Northern right whale dolphin (Lissodelphis borealis)--3705 (an 
average of 741 annually);
    (L) Pacific white-sided dolphin (Lagenorhynchus obliquidens)--2855 
(an average of 571 annually);
    (M) Dall's porpoise (Phocoenoides dalli)--23760 (an average of 4752 
annually); and
    (N) Harbor Porpoise (Phocoena phocoena)--596370 (an average of 
119274 annually).
    (ii) Pinnipeds:
    (A) Northern elephant seal (Mirounga angustirostris)--1890 (an 
average of 378 annually);
    (B) Pacific harbor seal (Phoca vitulina)--2930 (an average of 586 
annually);
    (C) California sea lion (Zalophus californianus)--1430 (an average 
of 286 annually);
    (D) Northern fur seal (Callorhinus ursinus)--6825 (an average of 
1365 annually); and
    (E) Steller sea lion (Eumetopias jubatus)--600 (an average of 120 
annually).
    (5) Level A Harassment:
    (i) Fin whale--5 (an average of 1 annually);
    (ii) Sperm whale--5 (an average of 1 annually);
    (iii) Dall's Porpoise--15 (an average of 3 annually);
    (iv) Harbor Porpoise--5 (an average of 1 annually);
    (v) Northern right whale dolphin--5 (an average of 1 annually);
    (vi) Short-beaked common dolphin--10 (an average of 2 annually);
    (vii) Northern elephant seal--10 (an average of 2 annually);
    (viii) Pacific harbor seal--5 (an average of 1 annually); and
    (ix) Northern fur seal--5 (an average of 1 annually).

    Editorial Note: At 75 FR 69319, Nov. 10, 2010, subpart M was added; 
at that time, Sec. 218.112 was added with two paragraphs (a)(4)(ii).



Sec. 218.113  Prohibitions.

    No person in connection with the activities described in Sec. 
218.110 may:
    (a) Take any marine mammal not specified in Sec. 218.112(c);
    (b) Take any marine mammal specified in Sec. 218.112(c) other than 
by incidental take as specified in Sec. Sec. 218.112(c)(1) and (c)(2);
    (c) Take a marine mammal specified in Sec. 218.112(c) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or

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    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.117 of this chapter.



Sec. 218.114  Mitigation.

    (a) When conducting training and utilizing the sound sources or 
explosives identified in Sec. 218.110(c), the mitigation measures 
contained in the Letter of Authorization issued under Sec. Sec. 216.106 
and 218.117 of this chapter must be implemented. These mitigation 
measures include, but are not limited to:
    (1) Navy's General Maritime Measures for All Training at Sea:
    (i) Personnel Training (for all Training Types):
    (A) All commanding officers (COs), executive officers (XOs), 
lookouts, Officers of the Deck (OODs), junior OODs (JOODs), maritime 
patrol aircraft aircrews, and Anti-submarine Warfare (ASW)/Mine Warfare 
(MIW) helicopter crews shall complete the NMFS-approved Marine Species 
Awareness Training (MSAT) by viewing the U.S. Navy MSAT digital 
versatile disk (DVD). All bridge lookouts shall complete both parts one 
and two of the MSAT; part two is optional for other personnel.
    (B) Navy lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (Naval Education and Training Command [NAVEDTRA] 12968-D) 
available at https://portal.navfac.navy.mil/go/navytraining-env-docs.
    (C) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced lookout. Following successful 
completion of this supervised training period, lookouts shall complete 
the Personal Qualification Standard Program, certifying that they have 
demonstrated the necessary skills (such as detection and reporting of 
partially submerged objects). Personnel being trained as lookouts can be 
counted among required lookouts as long as supervisors monitor their 
progress and performance.
    (D) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure in order 
to facilitate implementation of protective measures if marine species 
are spotted.
    (ii) Operating Procedures and Collision Avoidance:
    (A) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures Message or Environmental Annex to the Operational Order shall 
be issued to further disseminate the personnel training requirement and 
general marine species protective measures.
    (B) COs shall make use of marine species detection cues and 
information to limit interaction with marine species to the maximum 
extent possible consistent with safety of the ship.
    (C) While underway, surface vessels shall have at least two lookouts 
with binoculars; surfaced submarines shall have at least one lookout 
with binoculars. Lookouts already posted for safety of navigation and 
man-overboard precautions may be used to fill this requirement. As part 
of their regular duties, lookouts will watch for and report to the OOD 
the presence of marine mammals.
    (D) On surface vessels equipped with a multi-function active sensor, 
pedestal mounted ``Big Eye'' (20x110) binoculars shall be properly 
installed and in good working order to assist in the detection of marine 
mammals in the vicinity of the vessel.
    (E) Personnel on lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (F) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook. 
(NAVEDTRA 12968-D).
    (G) While in transit, naval vessels shall be alert at all times, use 
extreme caution, and proceed at a ``safe speed'' so that the vessel can 
take proper and effective action to avoid a collision with any marine 
animal and can be stopped within a distance appropriate to the 
prevailing circumstances and conditions.
    (H) When marine mammals have been sighted in the area, Navy vessels 
shall increase vigilance and take reasonable and practicable actions to 
avoid collisions and activities that might result

[[Page 211]]

in close interaction of naval assets and marine mammals. Actions may 
include changing speed and/or direction and are dictated by 
environmental and other conditions (e.g., safety, weather).
    (I) Naval vessels shall maneuver to keep at least 1,500 ft (500 yds) 
away from any observed whale in the vessel's path and avoid approaching 
whales head-on. These requirements do not apply if a vessel's safety is 
threatened, such as when change of course will create an imminent and 
serious threat to a person, vessel, or aircraft, and to the extent 
vessels are restricted in their ability to maneuver. Restricted 
maneuverability includes, but is not limited to, situations when vessels 
are engaged in dredging, submerged activities, launching and recovering 
aircraft or landing craft, minesweeping activities, replenishment while 
underway and towing activities that severely restrict a vessel's ability 
to deviate course. Vessels will take reasonable steps to alert other 
vessels in the vicinity of the whale. Given rapid swimming speeds and 
maneuverability of many dolphin species, naval vessels would maintain 
normal course and speed on sighting dolphins unless some condition 
indicated a need for the vessel to maneuver.
    (J) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine mammals as long as it does not violate safety constraints or 
interfere with the accomplishment of primary operational duties. Marine 
mammal detections shall be immediately reported to assigned Aircraft 
Control Unit for further dissemination to ships in the vicinity of the 
marine species as appropriate when it is reasonable to conclude that the 
course of the ship will likely result in a closing of the distance to 
the detected marine mammal.
    (K) All vessels shall maintain logs and records documenting training 
operations should they be required for event reconstruction purposes. 
Logs and records will be kept for a period of 30 days following 
completion of a major training exercise.
    (2) Navy's Measures for MFAS Operations:
    (i) Personnel Training (for MFAS Operations):
    (A) All lookouts onboard platforms involved in ASW training events 
shall review the NMFS-approved Marine Species Awareness Training 
material prior to use of mid-frequency active sonar.
    (B) All COs, XOs, and officers standing watch on the bridge shall 
have reviewed the Marine Species Awareness Training material prior to a 
training event employing the use of mid-frequency active sonar.
    (C) Navy lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (Naval Educational Training [NAVEDTRA], 12968-D).
    (D) Lookout training shall include on-the-job instruction under the 
supervision of a qualified, experienced watchstander. Following 
successful completion of this supervised training period, lookouts shall 
complete the Personal Qualification Standard program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects). This does not forbid 
personnel being trained as lookouts from being counted as those listed 
in previous measures so long as supervisors monitor their progress and 
performance.
    (E) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure in order 
to facilitate implementation of mitigation measures if marine species 
are spotted.
    (ii) Lookout and Watchstander Responsibilities:
    (A) On the bridge of surface ships, there shall always be at least 
three people on watch whose duties include observing the water surface 
around the vessel.
    (B) All surface ships participating in ASW training events shall, in 
addition to the three personnel on watch noted previously, have at all 
times during the exercise at least two additional personnel on watch as 
marine mammal lookouts.
    (C) Personnel on lookout and officers on watch on the bridge shall 
have at least one set of binoculars available for

[[Page 212]]

each person to aid in the detection of marine mammals.
    (D) On surface vessels equipped with mid-frequency active sonar, 
pedestal mounted ``Big Eye'' (20x110) binoculars shall be present and in 
good working order to assist in the detection of marine mammals in the 
vicinity of the vessel.
    (E) Personnel on lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (F) After sunset and prior to sunrise, lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook.
    (G) Personnel on lookout shall be responsible for reporting all 
objects or anomalies sighted in the water (regardless of the distance 
from the vessel) to the Officer of the Deck, since any object or 
disturbance (e.g., trash, periscope, surface disturbance, discoloration) 
in the water may be indicative of a threat to the vessel and its crew or 
indicative of a marine species that may need to be avoided as warranted.
    (iii) Operating Procedures (for MFAS Operations):
    (A) Navy will distribute final mitigation measures contained in the 
LOA and the Incidental take statement of NMFS' biological opinion to the 
Fleet.
    (B) COs shall make use of marine species detection cues and 
information to limit interaction with marine species to the maximum 
extent possible consistent with safety of the ship.
    (C) All personnel engaged in passive acoustic sonar operation 
(including aircraft, surface ships, or submarines) shall monitor for 
marine mammal vocalizations and report the detection of any marine 
mammal to the appropriate watch station for dissemination and 
appropriate action.
    (D) During mid-frequency active sonar operations, personnel shall 
utilize all available sensor and optical systems (such as night vision 
goggles) to aid in the detection of marine mammals.
    (E) Navy aircraft participating in exercises at sea shall conduct 
and maintain, when operationally feasible and safe, surveillance for 
marine species of concern as long as it does not violate safety 
constraints or interfere with the accomplishment of primary operational 
duties.
    (F) Aircraft with deployed sonobuoys shall use only the passive 
capability of sonobuoys when marine mammals are detected within 200 yds 
(183 m) of the sonobuoy.
    (G) Marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate where it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (H) Safety Zones--When marine mammals are detected by any means 
(aircraft, shipboard lookout, or acoustically) the Navy shall ensure 
that sonar transmission levels are limited to at least 6 dB below normal 
operating levels if any detected marine mammals are within 1,000 yards 
(914 m) of the sonar dome (the bow).
    (1) Ships and submarines shall continue to limit maximum 
transmission levels by this 6-dB factor until the animal has been seen 
to leave the 1,000-yd safety zone, has not been detected for 30 minutes, 
or the vessel has transited more than 2,000 yds (1829 m) beyond the 
location of the last detection.
    (2) When marine mammals are detected by any means (aircraft, 
shipboard lookout, or acoustically) the Navy shall ensure that sonar 
transmission levels are limited to at least 10 dB below normal operating 
levels if any detected marine mammals are within 500 yards (497 m) of 
the sonar dome (the bow). Ships and submarines shall continue to limit 
maximum ping levels by this 10-dB factor until the animal has been seen 
to leave the 500-yd safety zone, has not been detected for 30 minutes, 
or the vessel has transited more than 2,000 yds (1829 m) beyond the 
location of the last detection.
    (3) When marine mammals are detected by any means (aircraft, 
shipboard lookout, or acoustically) the Navy shall ensure that sonar 
transmission ceases if any detected marine mammals are within 200 yards 
(183 m) of the sonar dome (the bow). Sonar shall not resume until the 
animal has

[[Page 213]]

been seen to leave the the 200-yd safety zone, has not been detected for 
30 minutes, or the vessel has transited more than 2,000 yds (1829 m) 
beyond the location of the last detection.
    (4) Special conditions applicable for dolphins and porpoises only: 
If, after conducting an initial maneuver to avoid close quarters with 
dolphins or porpoises, the OOD concludes that dolphins or porpoises are 
deliberately closing to ride the vessel's bow wave, no further 
mitigation actions are necessary while the dolphins or porpoises 
continue to exhibit bow wave riding behavior.
    (5) If the need for power-down should arise as detailed in ``Safety 
Zones'' above, the Navy shall follow the requirements as though they 
were operating at 235 dB--the normal operating level (i.e., the first 
power-down will be to 229 dB, regardless of at what level above 235 dB 
active sonar was being operated).
    (I) Prior to start up or restart of active sonar, operators will 
check that the Safety Zone radius around the sound source is clear of 
marine mammals.
    (J) Active sonar levels (generally)--Navy shall operate active sonar 
at the lowest practicable level, not to exceed 235 dB, except as 
required to meet tactical training objectives.
    (K) Helicopters shall observe/survey the vicinity of an ASW training 
event for 10 minutes before the first deployment of active (dipping) 
sonar in the water.
    (L) Helicopters shall not dip their active sonar within 200 yds (183 
m) of a marine mammal and shall cease pinging if a marine mammal closes 
within 200 yds of the sound source (183 m) after pinging has begun.
    (M) Submarine sonar operators shall review detection indicators of 
close-aboard marine mammals prior to the commencement of ASW training 
events involving active mid-frequency sonar.
    (N) Night vision goggles shall be available to all ships and air 
crews, for use as appropriate.
    (3) Navy's Measures for Underwater Detonations:
    (i) Surface-to-Surface Gunnery (non-explosive rounds)
    (A) A 200-yd (183 m) radius buffer zone shall be established around 
the intended target.
    (B) From the intended firing position, trained lookouts shall survey 
the buffer zone for marine mammals prior to commencement and during the 
exercise as long as practicable.
    (C) If applicable, target towing vessels shall maintain a lookout. 
If a marine mammal is sighted in the vicinity of the exercise, the tow 
vessel shall immediately notify the firing vessel in order to secure 
gunnery firing until the area is clear.
    (D) The exercise shall be conducted only when the buffer zone is 
visible and marine mammals are not detected within the target area and 
the buffer zone.
    (ii) Surface-to-Air Gunnery (explosive and non-explosive rounds)
    (A) Vessels shall orient the geometry of gunnery exercises in order 
to prevent debris from falling in the area of sighted marine mammals.
    (B) Vessels will attempt to recover any parachute deploying aerial 
targets to the extent practicable (and their parachutes if feasible) to 
reduce the potential for entanglement of marine mammals.
    (C) For exercises using targets towed by a vessel or aircraft, 
target towing vessel/aircraft shall maintain a lookout. If a marine 
mammal is sighted in the vicinity of the exercise, the tow aircraft 
shall immediately notify the firing vessel in order to secure gunnery 
firing until the area is clear.
    (iii) Air-to-Surface At-sea Bombing Exercises (explosive and non-
explosive):
    (A) If surface vessels are involved, trained lookouts shall survey 
for floating kelp and marine mammals. Ordnance shall not be targeted to 
impact within 1,000 yds (914 m) of known or observed floating kelp or 
marine mammals.
    (B) A 1,000 yd (914 m) radius buffer zone shall be established 
around the intended target.
    (C) Aircraft shall visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area shall be made by flying at 1,500 ft (457 m) or

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lower, if safe to do so, and at the slowest safe speed. Release of 
ordnance through cloud cover is prohibited: aircraft must be able to 
actually see ordnance impact areas. Survey aircraft should employ most 
effective search tactics and capabilities.
    (D) The exercise will be conducted only if marine mammals are not 
visible within the buffer zone.
    (iv) Air-to-Surface Missile Exercises (explosive and non-explosive):
    (A) Ordnance shall not be targeted to impact within 1,800 yds (1646 
m) of known or observed floating kelp.
    (B) Aircraft shall visually survey the target area for marine 
mammals. Visual inspection of the target area shall be made by flying at 
1,500 ft (457 m) or lower, if safe to do so, and at slowest safe speed. 
Firing or range clearance aircraft must be able to actually see ordnance 
impact areas. Explosive ordnance shall not be targeted to impact within 
1,800 yds (1646 m) of sighted marine mammals.
    (v) Demolitions, Mine Warfare, and Mine Countermeasures (up to a 
2.5-lb charge):
    (A) Exclusion Zones--All Mine Warfare and Mine Countermeasures 
Operations involving the use of explosive charges must include exclusion 
zones for marine mammals to prevent physical and/or acoustic effects to 
those species. These exclusion zones shall extend in a 700-yard arc 
radius around the detonation site.
    (B) Pre-Exercise Surveys--For Demolition and Ship Mine 
Countermeasures Operations, pre-exercise surveys shall be conducted 
within 30 minutes prior to the commencement of the scheduled explosive 
event. The survey may be conducted from the surface, by divers, and/or 
from the air, and personnel shall be alert to the presence of any marine 
mammal. Should such an animal be present within the survey area, the 
explosive event shall not be started until the animal voluntarily leaves 
the area. The Navy will ensure the area is clear of marine mammals for a 
full 30 minutes prior to initiating the explosive event. Personnel will 
record any marine mammal observations during the exercise as well as 
measures taken if species are detected within the exclusion zone.
    (C) Post-Exercise Surveys--Surveys within the same radius shall also 
be conducted within 30 minutes after the completion of the explosive 
event.
    (D) Reporting--If there is evidence that a marine mammal may have 
been stranded, injured or killed by the action, Navy training activities 
shall be immediately suspended and the situation immediately reported by 
the participating unit to the Officer in Charge of the Exercise (OCE), 
who will follow Navy procedures for reporting the incident to Commander, 
Pacific Fleet, Commander, Navy Region Northwest, Environmental Director, 
and the chain-of-command. The situation shall also be reported to NMFS 
(see Stranding Plan for details).
    (vi) Sink Exercise:
    (A) All weapons firing shall be conducted during the period 1 hour 
after official sunrise to 30 minutes before official sunset.
    (B) An exclusion zone with a radius of 1.5 nm shall be established 
around each target. This 1.5 nm zone includes a buffer of 0.5 nm to 
account for errors, target drift, and animal movement. In addition to 
the 1.5 nm exclusion zone, a further safety zone, which extends from the 
exclusion zone at 1.5 nm out an additional 0.5 nm, shall be surveyed. 
Together, the zones extend out 2 nm (3.7 km) from the target.
    (C) A series of surveillance over-flights shall be conducted within 
the 2-nm zone around the target, prior to and during the exercise, when 
feasible. Survey protocol shall be as follows:
    (1) Overflights within the 2-nm zone around the target shall be 
conducted in a manner that optimizes the surface area of the water 
observed. This may be accomplished through the use of the Navy's Search 
and Rescue Tactical Aid, which provides the best search altitude, ground 
speed, and track spacing for the discovery of small, possibly dark 
objects in the water based on the environmental conditions of the day. 
These environmental conditions include the angle of sun inclination, 
amount of daylight, cloud cover, visibility, and sea state.
    (2) All visual surveillance activities shall be conducted by Navy 
personnel trained in visual surveillance. At least one member of the 
mitigation team is

[[Page 215]]

required to have completed the Navy's marine mammal training program for 
lookouts.
    (3) In addition to the overflights, the 2-nm zone around the target 
shall be monitored by passive acoustic means, when assets are available. 
This passive acoustic monitoring would be maintained throughout the 
exercise. Potential assets include sonobuoys, which can be utilized to 
detect any vocalizing marine mammals (particularly sperm whales) in the 
vicinity of the exercise. The sonobuoys shall be re-seeded as necessary 
throughout the exercise. Additionally, if submarines are present, 
passive sonar onboard shall be utilized to detect any vocalizing marine 
mammals in the area. The OCE would be informed of any aural detection of 
marine mammals and would include this information in the determination 
of when it is safe to commence the exercise.
    (4) On each day of the exercise, aerial surveillance of the 2-nm 
zone around the target shall commence 2 hours prior to the first firing.
    (5) The results of all visual, aerial, and acoustic searches shall 
be reported immediately to the OCE. No weapons launches or firing may 
commence until the OCE declares the 2-nm zone around the target free of 
marine mammals.
    (6) If a marine mammal observed within the 2-nm zone around the 
target is diving, firing would be delayed until the animal is re-sighted 
outside the 2-nm zone around the target, or 30 minutes have elapsed. 
After 30 minutes, if the animal has not been re-sighted it would be 
assumed to have left the exclusion zone. The OCE would determine if the 
identified marine mammal is in danger of being adversely affected by 
commencement of the exercise.
    (7) During breaks in the exercise of 30 minutes or more, the 2-nm 
zone around the target shall again be surveyed for any marine mammal. If 
marine mammals are sighted within 2-nm zone around the target, the OCE 
shall be notified, and the procedure described in (vi)(c)(1)-(6) would 
be followed.
    (8) Upon sinking of the vessel, a final surveillance of the 2-nm 
zone around the target shall be monitored for 2 hours, or until sunset, 
to verify that no marine mammals were injured.
    (D) Aerial surveillance shall be conducted using helicopters or 
other aircraft based on necessity and availability.
    (E) Where practicable, the Navy shall conduct the exercise in sea 
states that are ideal for marine mammal sighting, i.e., Beaufort Sea 
State 3 or less. In the event of a Beaufort Sea State 4 or above, survey 
efforts shall be increased within the 2-nm zone around the target. This 
shall be accomplished through the use of an additional aircraft, if 
available, and conducting tight search patterns.
    (F) The sink exercise shall not be conducted unless the 2-nm zone 
around the target could be adequately monitored visually.
    (G) In the event that any marine mammals are observed to be harmed 
in the area, NMFS shall be notified as soon as feasible following the 
stranding communication protocol. A detailed description of the animal 
shall be taken, the location noted, and if possible, photos taken. This 
information shall be provided to NMFS as soon as practicable via the 
Navy's regional environmental coordinator for purposes of 
identification.
    (H) An after action report detailing the exercise's time line, the 
time the surveys commenced and terminated, amount, and types of all 
ordnance expended, and the results of survey efforts for each event 
shall be submitted to NMFS.
    (vii) Extended Echo Ranging/Improved Extended Echo Ranging (EER/
IEER):
    (A) Crews shall conduct visual reconnaissance of the drop area prior 
to laying their intended sonobuoy pattern. This search shall be 
conducted at an altitude below 457 m (500 yd) at a slow speed, if 
operationally feasible and weather conditions permit. In dual aircraft 
operations, crews are allowed to conduct area clearances utilizing more 
than one aircraft.
    (B) For IEER (AN/SSQ-110A), crews shall conduct a minimum of 30 
minutes of visual and aural monitoring of the search area prior to 
commanding the first post detonation. This 30-minute observation period 
may include pattern deployment time.

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    (C) For any part of the intended sonobuoy pattern where a post 
(source/receiver sonobuoy pair) will be deployed within 914 m (1,000 yd) 
of observed marine mammal activity, the Navy shall deploy the receiver 
ONLY (i.e., not the source) and monitor while conducting a visual 
search. When marine mammals are no longer detected within 914 m (1,000 
yd) of the intended post position, the source sonobuoy (AN/SSQ-110A/SSQ-
125) will be co-located with the receiver.
    (D) When operationally feasible, Navy crews shall conduct continuous 
visual and aural monitoring of marine mammal activity. This shall 
include monitoring of aircraft sensors from the time of the first sensor 
placement until the aircraft have left the area and are out of RF range 
of these sensors.
    (E) Aural Detection--If the presence of marine mammals is detected 
aurally, then that shall cue the Navy aircrew to increase the vigilance 
of their visual surveillance. Subsequently, if no marine mammals are 
visually detected, then the crew may continue multi-static active 
search.
    (F) Visual Detection--If marine mammals are visually detected within 
914 m (1,000 yd) of the explosive source sonobuoy (AN/SSQ-110A) intended 
for use, then that payload shall not be detonated. Aircrews may utilize 
this post once the marine mammals have not been re-sighted for 30 
minutes, or are observed to have moved outside the 914 m (1,000 yd) 
safety buffer. Aircrews may shift their multi-static active search to 
another post, where marine mammals are outside the 914 m (1,000 yd) 
safety buffer.
    (G) For IEER (AN/SSQ-110A), aircrews shall make every attempt to 
manually detonate the unexploded charges at each post in the pattern 
prior to departing the operations area by using the ``Payload 1 
Release'' command followed by the ``Payload 2 Release'' command. 
Aircrews shall refrain from using the ``Scuttle'' command when two 
payloads remain at a given post. Aircrews will ensure that a 914 m 
(1,000 yd) safety buffer, visually clear of marine mammals, is 
maintained around each post as is done during active search operations.
    (H) Aircrews shall only leave posts with unexploded charges in the 
event of a sonobuoy malfunction, an aircraft system malfunction, or when 
an aircraft must immediately depart the area due to issues such as fuel 
constraints, inclement weather, or in-flight emergencies. In these 
cases, the sonobuoy will self-scuttle using the secondary or tertiary 
method.
    (I) The Navy shall ensure all payloads are accounted for. Explosive 
source sonobuoys (AN/SSQ-110A) that cannot be scuttled shall be reported 
as unexploded ordnance via voice communications while airborne, then 
upon landing via naval message.
    (J) Mammal monitoring shall continue until out of own-aircraft 
sensor range.
    (b) [Reserved]



Sec. 218.115  Requirements for monitoring and reporting.

    (a) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS is notified immediately ((see 
Communication Plan) or as soon as clearance procedures allow) if an 
injured, stranded, or dead marine mammal is found during or shortly 
after, and in the vicinity of, any Navy training exercise utilizing 
MFAS, HFAS, or underwater explosive detonations. The Navy will provide 
NMFS with the name of species or description of the animal(s), the 
condition of the animal(s) (including carcass condition if the animal is 
dead), location, time of first discovery, observed behaviors (if alive), 
and photo or video (if available). In the event that an injured, 
stranded, or dead marine mammal is found by the Navy that is not in the 
vicinity of, or during or shortly after, MFAS, HFAS, or underwater 
explosive detonations, the Navy will report the same information as 
listed above as soon as operationally feasible and clearance procedures 
allow.
    (b) General Notification of Ship Strike--In the event of a ship 
strike by any Navy vessel, at any time or place, the Navy shall do the 
following:
    (1) Immediately report to NMFS the species identification (if 
known), location (lat/long) of the animal (or the strike if the animal 
has disappeared),

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and whether the animal is alive or dead (or unknown).
    (2) Report to NMFS as soon as operationally feasible the size and 
length of animal, an estimate of the injury status (ex., dead, injured 
but alive, injured and moving, unknown, etc.), vessel class/type and 
operational status.
    (3) Report to NMFS the vessel length, speed, and heading as soon as 
feasible.
    (4) Provide NMFS a photo or video, if equipment is available.
    (c) Event Communication Plan--The Navy shall develop a communication 
plan that will include all of the communication protocols (phone trees, 
etc.) and associated contact information required for NMFS and the Navy 
to carry out the necessary expeditious communication required in the 
event of a stranding or ship strike, including as described in the 
proposed notification measures above.
    (d) The Navy must conduct all monitoring and/or research required 
under the Letter of Authorization, including abiding by the annual NWTRC 
Monitoring Plan. (http://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications)
    (e) The Navy shall comply with the 2009 Integrated Comprehensive 
Monitoring Program (ICMP) Plan and continue to improve the program in 
consultation with NMFS. Changes and improvements to the program made 
during 2010 (as prescribed in the 2009 ICMP and otherwise deemed 
appropriate by the Navy and NMFS) will be described in an updated 2010 
ICMP and submitted to NMFS by October 31, 2010 for review. An updated 
2010 ICMP will be finalized by December 31, 2010.
    (f) Report on Monitoring required in paragraph (e) of this section--
The Navy shall submit a report annually describing the implementation 
and results of the monitoring required in paragraph (d) of this section. 
The required submission date will be identified each year in the LOA. 
The Navy will standardize data collection methods across ranges to allow 
for comparison in different geographic locations.
    (g) Annual NWTRC Report--The Navy will submit an Annual NWTRC Report 
every year. The required submission date will be identified each year in 
the LOA. This report shall contain the subsections and information 
indicated below.
    (1) ASW Summary--This section shall include the following 
information as summarized from non-major training exercises (unit-level 
exercises, such as TRACKEXs and MIW):
    (i) Total Hours--Total annual hours of each type of sonar source 
(along with explanation of how hours are calculated for sources 
typically quantified in alternate way (buoys, torpedoes, etc.))
    (ii) Cumulative Impacts--To the extent practicable, the Navy, in 
coordination with NMFS, shall develop and implement a method of annually 
reporting non-major training (i.e., ULT) utilizing hull-mounted sonar. 
The report shall present an annual (and seasonal, where practicable) 
depiction of non-major training exercises geographically across NWTRC. 
The Navy shall include (in the NWTRC annual report) a brief annual 
progress update on the status of the development of an effective and 
unclassified method to report this information until an agreed-upon 
(with NMFS) method has been developed and implemented.
    (2) [Reserved]
    (h) Sinking Exercises (SINKEXs)--This section shall include the 
following information for each SINKEX completed that year:
    (1) Exercise Info:
    (i) Location;
    (ii) Date and time exercise began and ended;
    (iii) Total hours of observation by watchstanders before, during, 
and after exercise;
    (iv) Total number and types of rounds expended/explosives detonated;
    (v) Number and types of passive acoustic sources used in exercise;
    (vi) Total hours of passive acoustic search time;
    (vii) Number and types of vessels, aircraft, etc., participating in 
exercise;
    (viii) Wave height in feet (high, low and average during exercise); 
and
    (ix) Narrative description of sensors and platforms utilized for 
marine mammal detection and timeline illustrating how marine mammal 
detection was conducted.

[[Page 218]]

    (2) Individual marine mammal observation during SINKEX (by Navy 
lookouts) information:
    (i) Location of sighting;
    (ii) Species (if not possible--indication of whale/dolphin/
pinniped);
    (iii) Number of individuals;
    (iv) Calves observed (y/n);
    (v) Initial detection sensor;
    (vi) Length of time observers maintained visual contact with marine 
mammal;
    (vii) Wave height;
    (viii) Visibility;
    (ix) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after;
    (x) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated)--use four categories to define distance:
    (A) the modeled injury threshold radius for the largest explosive 
used in that exercise type in that OPAREA (662 m for SINKEX in NWTRC);
    (B) the required exclusion zone (1 nm for SINKEX in NWTRC);
    (C) the required observation distance (if different than the 
exclusion zone (2 nm for SINKEX in NWTRC)); and
    (D) greater than the required observed distance. For example, in 
this case, the observer would indicate if < 662 m, from 738 m-1 nm, from 
1 nm-2 nm, and  2 nm.
    (xi) Observed behavior--Watchstanders will report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animals (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction.
    (xii) Resulting mitigation implementation--Indicate whether 
explosive detonations were delayed, ceased, modified, or not modified 
due to marine mammal presence and for how long.
    (xiii) If observation occurs while explosives are detonating in the 
water, indicate munitions type in use at time of marine mammal 
detection.
    (i) Improved Extended Echo-Ranging System (IEER) Summary
    (1) Total number of IEER events conducted in NWTRC;
    (2) Total expended/detonated rounds (buoys); and
    (3) Total number of self-scuttled IEER rounds.
    (j) Explosives Summary--The Navy is in the process of improving the 
methods used to track explosive use to provide increased granularity. To 
the extent practicable, the Navy shall provide the information described 
below for all of their explosive exercises. Until the Navy is able to 
report in full the information below, they will provide an annual update 
on the Navy's explosive tracking methods, including improvements from 
the previous year.
    (k) Total annual number of each type of explosive exercise (of those 
identified as part of the ``specified activity'' in this final rule) 
conducted in NWTRC; and
    (2) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (l) NWTRC 5-Yr Comprehensive Report--The Navy shall submit to NMFS a 
draft report that analyzes and summarizes all of the multi-year marine 
mammal information gathered during ASW and explosive exercises for which 
annual reports are required (Annual NWTRC Exercise Reports and NWTRC 
Monitoring Plan Reports). This report will be submitted at the end of 
the fourth year of the rule (July 2014), covering activities that have 
occurred through February 1, 2014.
    (m) Comprehensive National ASW Report--By June, 2014, the Navy shall 
submit a draft National Report that analyzes, compares, and summarizes 
the active sonar data gathered (through January 1, 2014) from the 
watchstanders and pursuant to the implementation of the Monitoring Plans 
for the Northwest Training Range Complex, the Southern California Range 
Complex, the Atlantic Fleet Active Sonar Training, the Hawaii Range 
Complex, the Marianas Islands Range Complex, and the Gulf of Alaska.
    (n) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the NWTRC Comprehensive 
Report, the Comprehensive National ASW report, the Annual NWTRC Exercise 
Report, or the Annual NWTRC Monitoring Plan Report (or the multi-Range 
Complex Annual Monitoring Plan Report, if that is how the Navy chooses 
to submit the

[[Page 219]]

information) if submitted within 3 months of receipt. These reports will 
be considered final after the Navy has addressed NMFS' comments or 
provided the requested information, or three months after the submittal 
of the draft if NMFS does not comment by then.
    (o) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.

    Editorial Note: At 75 FR 69319, Nov. 10, 2010, subpart M was added; 
at that time, Sec. 218.115 was added without a paragraph (k)(1) 
designation.



Sec. 218.116  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. Citizen (as defined by Sec. 216.103) conducting the activity 
identified in Sec. 218.110(c) (i.e., the Navy) must apply for and 
obtain either an initial Letter of Authorization in accordance with 
Sec. 218.117 or a renewal under Sec. 218.118.



Sec. 218.117  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.118.
    (b) Each Letter of Authorization shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization shall be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.118  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
218.117 of this chapter for the activity identified in Sec. 218.110(c) 
will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.116 will be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Receipt of the monitoring reports and notifications within the 
timeframes indicated in the previous LOA; and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.114 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 218.117 of this 
chapter, were undertaken and will be undertaken during the upcoming 
annual period of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 216.118 indicates that a substantial 
modification, as determined by NMFS, to the described work, mitigation 
or monitoring undertaken during the upcoming season will occur, the NMFS 
will provide the public a period of 30 days for review and comment on 
the request.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) Adaptive Management--NMFS may modify or augment the existing 
mitigation or monitoring measures (after consulting with the Navy 
regarding the practicability of the modifications) if doing so creates a 
reasonable likelihood of more effectively accomplishing the goals of 
mitigation and monitoring set forth in the preamble of these 
regulations. Below are some of the possible sources of new data that 
could contribute to the decision to modify the mitigation or monitoring 
measures:

[[Page 220]]

    (1) Results from the Navy's monitoring from the previous year 
(either from the NWTRC Study Area or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011.
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the Integrated Comprehensive Monitoring 
Plan).
    (4) Results from specific stranding investigations (either from the 
NWTRC Study Area or other locations, and involving coincident MFAS/HFAS 
or explosives training or not involving coincident use).
    (5) Results from the Long Term Prospective Study described in the 
preamble to these regulations.
    (6) Results from general marine mammal and sound research (funded by 
the Navy or otherwise).
    (7) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent Letters of Authorization.



Sec. 218.119  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.106 
and 218.117 of this chapter and subject to the provisions of this 
subpart, shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 218.118, without 
modification (except for the period of validity), is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.112(c), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.106 and 218.117 of this 
chapter may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.



Subpart N_Taking and Importing Marine Mammals; Gulf of Alaska Temporary 
                   Maritime Activities Area (GoA TMAA)

    Source: 76 FR 25505, May 4, 2011, unless otherwise noted.

    Effective Date Note: At 76 FR 25505, May 4, 2011, subpart N was 
added, effective May 4, 2011 through May 4, 2016.



Sec. 218.120  Specified activity and geographical area.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the Gulf of Alaska Temporary Maritime Activities Area 
(GoA TMAA) (as depicted in Figure 1-1 in the Navy's application for GoA 
TMAA), which is bounded by a hexagon with the following six corners: 
57[deg]30[min] N. lat., 141[deg]30[min] W. long.; 59[deg]36[min] N. 
lat., 148[deg]10[min] W. long.; 58[deg]57[min] N. lat., 150[deg]04[min] 
W. long.; 58[deg]20[min] N. lat., 151[deg]00[min] W. long.; 
57[deg]16[min] N. lat., 151[deg]00[min] W. long.; and 55[deg]30[min] N. 
lat., 142[deg]00[min] W. long.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities:
    (1) The use of the following mid-frequency active sonar (MFAS) 
sources, high-frequency active sonar (HFAS) sources, or similar sources 
for Navy training activities (estimated amounts below):
    (i) AN/SQS-53 (hull-mounted active sonar)--up to 2,890 hours over 
the course of 5 years (an average of 578 hours per year);
    (ii) AN/SQS-56 (hull-mounted active sonar)--up to 260 hours over the 
course of 5 years (an average of 52 hours per year);
    (iii) AN/SSQ-62 (Directional Command Activated Sonobuoy System 
(DICASS) sonobuoys)--up to 1,330

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sonobuoys over the course of 5 years (an average of 266 sonobuoys per 
year);
    (iv) AN/AQS-22 (helicopter dipping sonar)--up to 960 ``dips'' over 
the course of 5 years (an average of 192 ``dips'' per year);
    (v) AN/BQQ-10 (submarine hull-mounted sonar)--up to 240 hours over 
the course of 5 years (an average of 48 hours per year);
    (vi) MK-48 (torpedo)--up to 10 torpedoes over the course of 5 years 
(a maximum of 2 torpedoes per year);
    (vii) AN/SSQ-110A (IEER)--up to 400 buoys deployed over the course 
of 5 years (an average of 80 per year maximum combined use of AN/SSQ-
110A or AN/SSQ-125);
    (viii) AN/SSQ-125 (MAC)--up to 400 buoys deployed over the course of 
5 years (an average of 80 per year maximum combined use of AN/SSQ-110A 
or AN/SSQ-125);
    (ix) Range Pingers--up to 400 hours over the course of 5 years (an 
average of 80 hours per year);
    (x) SUS MK-84--up to 120 devices over the course of 5 years (an 
average of 24 per year);
    (xi) PUTR Transponder--up to 400 hours over the course of 5 years 
(an average of 80 hours per year); and
    (xii) MK-39 EMATT Targets--up to 60 devices over the course of 5 
years (an average of 12 per year).
    (2) The detonation of the underwater explosives indicated in 
paragraph (c)(2)(i) of this section, or similar explosives, conducted as 
part of the training exercises indicated in paragraph (c)(2)(ii) of this 
section:
    (i) Underwater Explosives (Net Explosive Weight (NEW)):
    (A) 5[sec] Naval Gunfire (9.5 lbs NEW);
    (B) 76 mm rounds (1.6 lbs NEW);
    (C) Maverick (78.5 lbs NEW);
    (D) MK-82 (238 lbs NEW);
    (E) MK-83 (238 lbs NEW);
    (F) MK-83 (574 lbs NEW);
    (G) MK-84 (945 lbs NEW);
    (H) MK-48 (851 lbs NEW);
    (I) AN/SSQ-110A (IEER explosive sonobuoy--5 lbs NEW);
    (ii) Training Events:
    (A) Gunnery Exercises (S-S GUNEX)--up to 60 exercises over the 
course of 5 years (an average of 12 per year);
    (B) Bombing Exercises (BOMBEX)--up to 180 exercises over the course 
of 5 years (an average of 36 per year);
    (C) Sinking Exercises (SINKEX)--up to 10 exercises over the course 
of 5 years (a maximum of 2 per year);
    (D) Extended Echo Ranging and Improved Extended Echo Ranging (EER/
IEER) Systems--up to 400 deployments over the course of 5 years (an 
average of 80 per year);
    (E) Missile exercises (A-S MISSILEX)--up to 20 exercises over the 
course of 5 years (an average of 4 per year).
    (d) The taking of marine mammals may be authorized in an LOA for the 
activities and sources listed in Sec. 218.120(c) should the amounts 
(i.e., hours, dips, number of exercises) vary from those estimated in 
Sec. 218.120(c), provided that the variation does not result in 
exceeding the amount of take indicated in Sec. 218.122(c).



Sec. 218.121  Effective dates.

    Regulations in this subpart are effective from May 4, 2011, through 
May 4, 2016.



Sec. 218.122  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 218.127 of this chapter, the Holder of the Letter of 
Authorization (hereinafter ``Navy'') may incidentally, but not 
intentionally, take marine mammals within the area described in Sec. 
218.120(b), provided the activity is in compliance with all terms, 
conditions, and requirements of these regulations and the appropriate 
Letter of Authorization.
    (b) The activities identified in Sec. 218.120(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.120(c) is limited to the species listed below in 
paragraphs (c)(4) and (5) of this section by the indicated method of 
take and the indicated number of times (estimated based on the 
authorized amounts of sound source operation), but with the following 
allowances for annual variation in activities:

[[Page 222]]

    (1) In any given year, annual take, by harassment, of any species of 
marine mammal may not exceed the amount identified in paragraphs (c)(4) 
and (5) of this section, for that species by more than 25 percent (a 
post-calculation/estimation of which must be provided in the annual LOA 
application);
    (2) In any given year, annual take by harassment of all marine 
mammal species combined may not exceed the estimated total of all 
species combined, indicated in paragraphs (c)(4) and (5) of this 
section, by more than 10 percent; and
    (3) Over the course of the effective period of this subpart, total 
take, by harassment, of any species may not exceed the 5-year amounts 
indicated in paragraphs (c)(4) and (5) of this section by more than 10 
percent. A running calculation/estimation of takes of each species over 
the course of the years covered by the rule must be maintained.
    (4) Level B Harassment:
    (i) Mysticetes:
    (A) Humpback whale (Megaptera novaeangliae)--6,975 (an average of 
1,395 annually);
    (B) Fin whale (Balaenoptera physalus)--55185 (an average of 11,037 
annually);
    (C) Blue whale (Balaenoptera musculus)--10 (an average of 2 
annually);
    (D) Sei whale (Balaenoptera borealis)--40 (an average of 8 
annually);
    (E) Minke whale (Balaenoptera acutorostrata)--3,405 (an average of 
681 annually);
    (F) Gray whale (Eschrichtius robustus)--1,940 (an average of 388 
annually); and
    (G) North Pacific right whale (Eubalaena japonica)--10 (an average 
of 2 annually).
    (ii) Odontocetes:
    (A) Sperm whales (Physeter macrocephalus)--1,645 (an average of 329 
annually);
    (B) Killer whale (Orcinus orca)--53,245 (an average of 10,649 
annually);
    (C) Harbor porpoise (Phocoena phocoena)--27,200 (an average of 5,440 
annually);
    (D) Baird's beaked whales (Berardius bairdii)--2,435 (an average of 
487 annually);
    (E) Cuvier's beaked whales (Ziphius cavirostris)--11,560 (an average 
of 2,312 annually);
    (F) Stejneger's beaked whales (Mesoplodon stejnegeri)--11,565 (an 
average of 2,313 annually);
    (G) Pacific white-sided dolphin (Lagenorhynchus obliquidens)--84,955 
(an average of 16,991 annually); and
    (H) Dall's porpoise (Phocoenoides dalli)--1,031,870 (an average of 
206,374 annually).
    (iii) Pinnipeds:
    (A) Steller sea lion (Eumetopias jubatus)--55,540 (an average of 
11,108 annually)
    (B) California sea lion (Zalophus californianus)--10 (an average of 
2 annually);
    (C) Harbor seal (Phoca vitulina richardsi)--10 (an average of 2 
annually);
    (D) Northern elephant seal (Mirounga angustirostris)--10,345 (an 
average of 2,069 annually); and
    (E) Northern fur seal (Callorhinus ursinus)--771,010 (an average of 
154,202 annually).
    (5) Level A Harassment and/or mortality of no more than 15 beaked 
whales (total), of any of the species listed in Sec. 
218.122(c)(1)(ii)(D) through (F) over the course of the 5-year 
regulations.



Sec. 218.123  Prohibitions.

    No person in connection with the activities described in Sec. 
218.120 may:
    (a) Take any marine mammal not specified in Sec. 218.122(c);
    (b) Take any marine mammal specified in Sec. 218.122(c) other than 
by incidental take as specified in Sec. Sec. 218.122(c)(1), (c)(2), and 
(c)(3);
    (c) Take a marine mammal specified in Sec. 218.122(c) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.127 of this chapter.

[[Page 223]]



Sec. 218.124  Mitigation.

    (a) When conducting training and utilizing the sound sources or 
explosives identified in Sec. 218.120(c), the mitigation measures 
contained in a Letter of Authorization issued under Sec. Sec. 216.106 
and 218.127 of this chapter must be implemented. These mitigation 
measures include, but are not limited to:
    (1) Personnel Training (for all Training Types):
    (i) All commanding officers (COs), executive officers (XOs), 
Lookouts, Officers of the Deck (OODs), junior OODs (JOODs), maritime 
patrol aircraft aircrews, and Anti-Submarine Warfare (ASW) helicopter 
crews shall complete the NMFS-approved Marine Species Awareness Training 
(MSAT) by viewing the U.S. Navy MSAT digital versatile disk (DVD). All 
bridge Lookouts shall complete both parts one and two of the MSAT; part 
two is optional for other personnel.
    (ii) Navy Lookouts shall undertake extensive training in order to 
qualify as a watchstander in accordance with the Lookout Training 
Handbook (Naval Education and Training Command [NAVEDTRA] 12968-D).
    (iii) Lookout training shall include on-the-job instruction under 
the supervision of a qualified, experienced Lookout. Following 
successful completion of this supervised training period, Lookouts shall 
complete the Personal Qualification Standard Program, certifying that 
they have demonstrated the necessary skills (such as detection and 
reporting of partially submerged objects). Personnel being trained as 
Lookouts can be counted among required Lookouts as long as supervisors 
monitor their progress and performance.
    (iv) Lookouts shall be trained in the most effective means to ensure 
quick and effective communication within the command structure in order 
to facilitate implementation of protective measures if marine species 
are spotted.
    (v) All Lookouts onboard platforms involved in ASW training events 
shall review the NMFS-approved Marine Species Awareness Training 
material prior to use of mid-frequency active sonar.
    (vi) All COs, XOs, and officers standing watch on the bridge shall 
have reviewed the Marine Species Awareness Training material prior to a 
training event employing the use of MFAS/HFAS.
    (2) General Operating Procedures (for all Training Types):
    (i) Prior to major exercises, a Letter of Instruction, Mitigation 
Measures Message or Environmental Annex to the Operational Order shall 
be issued to further disseminate the personnel training requirement and 
general marine species protective measures.
    (ii) COs shall make use of marine species detection cues and 
information to limit interaction with marine mammals to the maximum 
extent possible consistent with safety of the ship.
    (iii) While underway, surface vessels shall have at least two 
Lookouts with binoculars; surfaced submarines shall have at least one 
Lookout with binoculars. Lookouts already posted for safety of 
navigation and man-overboard precautions may be used to fill this 
requirement. As part of their regular duties, Lookouts shall watch for 
and report to the OOD the presence of marine mammals.
    (iv) On surface vessels equipped with mid-frequency active sonar, 
pedestal mounted ``Big Eye'' (20x110) binoculars shall be properly 
installed and in good working order to assist in the detection of marine 
mammals in the vicinity of the vessel.
    (v) Personnel on Lookout shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (vi) After sunset and prior to sunrise, Lookouts shall employ Night 
Lookouts Techniques in accordance with the Lookout Training Handbook 
(NAVEDTRA 12968-D).
    (vii) While in transit, naval vessels shall be alert at all times, 
use extreme caution, and proceed at a ``safe speed,'' which means the 
speed at which the CO can maintain crew safety and effectiveness of 
current operational directives, so that the vessel can take action to 
avoid a collision with any marine mammal.
    (viii) When marine mammals have been sighted in the area, Navy 
vessels shall increase vigilance and take all reasonable and practicable 
actions to

[[Page 224]]

avoid collisions and activities that might result in close interaction 
of naval assets and marine mammals. Such action may include changing 
speed and/or direction and are dictated by environmental and other 
conditions (e.g., safety, weather).
    (ix) Navy aircraft participating in exercises at sea shall conduct 
and maintain surveillance for marine mammals as long as it does not 
violate safety constraints or interfere with the accomplishment of 
primary operational duties.
    (x) All marine mammal detections shall be immediately reported to 
assigned Aircraft Control Unit for further dissemination to ships in the 
vicinity of the marine species as appropriate when it is reasonable to 
conclude that the course of the ship will likely result in a closing of 
the distance to the detected marine mammal.
    (xi) Naval vessels shall maneuver to keep at least 1,500 ft (500 yd 
or 457 m) away from any observed whale in the vessel's path and avoid 
approaching whales head-on. These requirements do not apply if a 
vessel's safety is threatened, such as when change of course will create 
an imminent and serious threat to a person, vessel, or aircraft, and to 
the extent vessels are restricted in their ability to maneuver. 
Restricted maneuverability includes, but is not limited to, situations 
when vessels are engaged in dredging, submerged activities, launching 
and recovering aircraft or landing craft, minesweeping activities, 
replenishment while underway and towing activities that severely 
restrict a vessel's ability to deviate course. Vessels shall take 
reasonable steps to alert other vessels in the vicinity of the whale. 
Given rapid swimming speeds and maneuverability of many dolphin species, 
naval vessels would maintain normal course and speed on sighting 
dolphins unless some condition indicated a need for the vessel to 
maneuver.
    (3) Operating Procedures (for Anti-submarine Warfare (ASW) 
Operations):
    (i) On the bridge of surface ships, there shall always be at least 
three people on watch whose duties include observing the water surface 
around the vessel.
    (ii) All surface ships participating in ASW training events shall 
have, in addition to the three personnel on watch noted in paragraph 
(i), at least two additional personnel on watch as Lookouts at all times 
during the exercise.
    (iii) Personnel on Lookout and officers on watch on the bridge shall 
have at least one set of binoculars available for each person to aid in 
the detection of marine mammals.
    (iv) Personnel on Lookout shall be responsible for reporting all 
objects or anomalies sighted in the water (regardless of the distance 
from the vessel) to the Officer of the Deck, since any object or 
disturbance (e.g., trash, periscope, surface disturbance, discoloration) 
in the water may be indicative of a threat to the vessel and its crew or 
indicative of a marine mammal that may need to be avoided as warranted.
    (v) All personnel engaged in passive acoustic sonar operation 
(including aircraft, surface ships, or submarines) shall monitor for 
marine mammal vocalizations and report the detection of any marine 
mammal to the appropriate watch station for dissemination and 
appropriate action.
    (vi) During mid-frequency active sonar operations, personnel shall 
utilize all available sensor and optical systems (such as night vision 
goggles) to aid in the detection of marine mammals.
    (vii) Aircraft with deployed sonobuoys shall use only the passive 
capability of sonobuoys when marine mammals are detected within 200 yd 
(183 m) of the sonobuoy.
    (viii) Helicopters shall observe/survey the vicinity of an ASW 
exercise for 10 minutes before the first deployment of active (dipping) 
sonar in the water.
    (ix) Helicopters shall not dip their sonar within 200 yd (183 m) of 
a marine mammal and shall cease pinging if a marine mammal closes within 
200 yd (183 m) of the sound source after pinging has begun.
    (x) Safety Zones--When marine mammals are detected by any means 
(aircraft, shipboard Lookout, or acoustically) within 1,000 yd (914 m) 
of the sonar dome (the bow), the ship or submarine shall limit active 
transmission levels to at least 6 decibels (dB) below normal operating 
levels for that source

[[Page 225]]

(i.e., limit to at most 229 dB for AN/SQS-53 and 219 for AN/SQS-56, 
etc.).
    (A) Ships and submarines shall continue to limit maximum 
transmission levels by this 6-dB factor until the animal has been seen 
to leave the 1,000-yd (914 m) exclusion zone, has not been detected for 
30 minutes, or the vessel has transited more than 2,000 yds (1,829 m) 
beyond the location of the last detection.
    (B) Should a marine mammal be detected within 500 yd (457 m) of the 
sonar dome, active sonar transmissions shall be limited to at least 10 
dB below the equipment's normal operating level (i.e., limit to at most 
225 dB for AN/SQS-53 and 215 for AN/SQS-56, etc.). Ships and submarines 
shall continue to limit maximum ping levels by this 10-dB factor until 
the animal has been seen to leave the 500-yd (457 m) safety zone (at 
which point the 6-dB powerdown applies until the animal leaves the 
1,000-yd (914 m) safety zone), has not been detected for 30 minutes, or 
the vessel has transited more than 2,000 yd (1,829 m) beyond the 
location of the last detection.
    (C) Should the marine mammal be detected within 200 yd (183 m) of 
the sonar dome, active sonar transmissions shall cease. Sonar shall not 
resume until the animal has been seen to leave the 200-yd (183 m) safety 
zone (at which point the 10-dB or 6-dB powerdowns apply until the animal 
leaves the 500-yd (457 m) or 1,000-yd (914 m) safety zone, 
respectively), has not been detected for 30 minutes, or the vessel has 
transited more than 2,000 yd (1,829 m) beyond the location of the last 
detection.
    (D) Special conditions applicable for dolphins and porpoises only: 
If, after conducting an initial maneuver to avoid close quarters with 
dolphins or porpoises, the OOD concludes that dolphins or porpoises are 
deliberately closing to ride the vessel's bow wave, no further 
mitigation actions are necessary while the dolphins or porpoises 
continue to exhibit bow wave riding behavior.
    (xi) Prior to start up or restart of active sonar, operators shall 
check that the Safety Zone radius around the sound source is clear of 
marine mammals.
    (xii) Active sonar levels (generally)--Navy shall operate active 
sonar at the lowest practicable level, not to exceed 235 dB, except as 
required to meet tactical training objectives.
    (xiii) Submarine sonar operators shall review detection indicators 
of close-aboard marine mammals prior to the commencement of ASW training 
events involving MFAS.
    Note to paragraph (a)(3): If the need for power-down should arise 
(as detailed in 218.114(a)(3)(x)) when the Navy is operating a hull-
mounted or sub-mounted source above 235 db (infrequent), the Navy shall 
follow the requirements as though they were operating at 235 dB--the 
normal operating level (i.e., the first power-down will be to 229 dB, 
regardless of at what level above 235 dB active sonar was being 
operated).
    (4) Sinking Exercise:
    (i) All weapons firing shall be conducted during the period 1 hour 
after official sunrise to 30 minutes before official sunset.
    (ii) An exclusion zone with a radius of 1.0 nm (1.9 km) shall be 
established around each target. An additional buffer of 0.5 nm (0.9 km) 
will be added to account for errors, target drift, and animal movements. 
Additionally, a safety zone, which will extend beyond the buffer zone by 
an additional 0.5 nm (0.9 km), shall be surveyed. Together, the zones 
extend out 2 nm (3.7 km) from the target.
    (iii) A series of surveillance over-flights shall be conducted 
within the exclusion and the safety zones, prior to and during the 
exercise, when feasible. Survey protocol shall be as follows:
    (A) Overflights within the exclusion zone shall be conducted in a 
manner that optimizes the surface area of the water observed. This may 
be accomplished through the use of the Navy's Search and Rescue Tactical 
Aid, which provides the best search altitude, ground speed, and track 
spacing for the discovery of small, possibly dark objects in the water 
based on the environmental conditions of the day. These environmental 
conditions include the angle of sun inclination, amount of daylight, 
cloud cover, visibility, and sea state.
    (B) All visual surveillance activities shall be conducted by Navy 
personnel trained in visual surveillance. At least one member of the 
mitigation team

[[Page 226]]

shall have completed the Navy's marine mammal training program for 
Lookouts.
    (C) In addition to the overflights, the exclusion zone shall be 
monitored by passive acoustic means, when assets are available. This 
passive acoustic monitoring shall be maintained throughout the exercise. 
Potential assets include sonobuoys, which can be utilized to detect any 
vocalizing marine mammals (particularly sperm whales) in the vicinity of 
the exercise. The sonobuoys shall be re-seeded as necessary throughout 
the exercise. Additionally, if submarines are present, passive sonar 
onboard submarines may be utilized to detect any vocalizing marine 
mammals in the area. The OCE shall be informed of any aural detection of 
marine mammals and shall include this information in the determination 
of when it is safe to commence the exercise.
    (D) On each day of the exercise, aerial surveillance of the 
exclusion and safety zones shall commence 2 hours prior to the first 
firing.
    (E) The results of all visual, aerial, and acoustic searches shall 
be reported immediately to the OCE. No weapons launches or firing may 
commence until the OCE declares the safety and exclusion zones free of 
marine mammals.
    (F) If a marine mammal is observed within the exclusion zone, firing 
shall be delayed until the animal is re-sighted outside the exclusion 
zone, or 30 minutes have elapsed. After 30 minutes, if the animal has 
not been re-sighted it can be assumed to have left the exclusion zone. 
The OCE shall determine if the marine mammal is in danger of being 
adversely affected by commencement of the exercise.
    (G) During breaks in the exercise of 30 minutes or more, the 
exclusion zone shall again be surveyed for any marine mammal. If marine 
mammals are sighted within the exclusion zone or buffer zone, the OCE 
shall be notified, and the procedure described above shall be followed.
    (H) Upon sinking of the vessel, a final surveillance of the 
exclusion zone shall be monitored for 2 hours, or until sunset, to 
verify that no marine mammals were harmed.
    (iv) Aerial surveillance shall be conducted using helicopters or 
other aircraft based on necessity and availability.
    (v) Where practicable, the Navy shall conduct the exercise in sea 
states that are ideal for marine mammal sighting, Beaufort Sea State 3 
or less. In the event of a Beaufort Sea State 4 or above, survey efforts 
shall be increased within the zones. This shall be accomplished through 
the use of an additional aircraft, if available, and conducting tight 
search patterns.
    (vi) The exercise shall not be conducted unless the exclusion zone 
can be adequately monitored visually.
    (vii) In the event that any marine mammals are observed to be harmed 
in the area, NMFS shall be notified as soon as feasible following the 
stranding communication protocol. A detailed description of the animal 
shall be taken, the location noted, and if possible, photos taken of the 
marine mammal. This information shall be provided to NMFS via the Navy's 
regional environmental coordinator for purposes of identification (see 
the draft Stranding Plan for detail).
    (viii) An after action report detailing the exercise's time line, 
the time the surveys commenced and terminated, amount, and types of all 
ordnance expended, and the results of survey efforts for each event 
shall be submitted to NMFS.
    (5) Surface-to-Surface Gunnery (up to 5-inch Explosive Rounds):
    (i) For exercises using targets towed by a vessel, target-towing 
vessels shall maintain a trained Lookout for marine mammals when 
feasible. If a marine mammal is sighted in the vicinity, the tow vessel 
shall immediately notify the firing vessel, which shall suspend the 
exercise until the area is clear.
    (ii) A 600-yd (585 m) radius buffer zone shall be established around 
the intended target.
    (iii) From the intended firing position, trained Lookouts shall 
survey the buffer zone for marine mammals prior to commencement and 
during the exercise as long as practicable. Due to the distance between 
the firing position and the buffer zone, Lookouts are only expected to 
visually detect breaching

[[Page 227]]

whales, whale blows, and large pods of dolphins and porpoises.
    (iv) The exercise shall be conducted only when the buffer zone is 
visible and marine mammals are not detected within it.
    (6) Surface-to-Surface Gunnery (non-explosive rounds):
    (i) A 200-yd (183 m) radius buffer zone shall be established around 
the intended target.
    (ii) From the intended firing position, trained Lookouts shall 
survey the buffer zone for marine mammals prior to commencement and 
during the exercise as long as practicable.
    (iii) If available, target-towing vessels shall maintain a Lookout 
(unmanned towing vessels will not have a Lookout available). If a marine 
mammal is sighted in the vicinity of the exercise, the tow vessel shall 
immediately notify the firing vessel in order to secure gunnery firing 
until the area is clear.
    (iv) The exercise shall be conducted only when the buffer zone is 
visible and marine mammals are not detected within the target area and 
the buffer zone.
    (7) Surface-to-Air Gunnery (Explosive and Non-explosive Rounds):
    (i) Vessels shall orient the geometry of gunnery exercises in order 
to prevent debris from falling in the area of sighted marine mammals.
    (ii) Vessels shall expedite the attempt to recover any parachute 
deploying aerial targets to reduce the potential for entanglement of 
marine mammals.
    (iii) Target-towing aircraft shall maintain a Lookout if feasible. 
If a marine mammal is sighted in the vicinity of the exercise, the tow 
aircraft shall immediately notify the firing vessel in order to secure 
gunnery firing until the area is clear.
    (8) Air-to-Surface Gunnery (Explosive and Non-explosive Rounds):
    (i) A 200-yd (183 m) radius buffer zone shall be established around 
the intended target.
    (ii) If surface vessels are involved, Lookout(s) shall visually 
survey the buffer zone for marine mammals prior to commencement and 
during the exercise.
    (iii) Aerial surveillance of the buffer zone for marine mammals 
shall be conducted prior to commencement of the exercise. Aerial 
surveillance altitude of 500 ft to 1,500 ft (152-456 m) is optimum. 
Aircraft crew/pilot shall maintain visual watch during exercises. 
Release of ordnance through cloud cover is prohibited; aircraft must be 
able to actually see ordnance impact areas.
    (iv) The exercise shall be conducted only if marine mammals are not 
visible within the buffer zone.
    (9) Small Arms Training (Grenades, Explosive and Non-explosive 
Rounds)--Lookouts shall visually survey for marine mammals. Weapons 
shall not be fired in the direction of known or observed marine mammals.
    (10) Air-to-Surface At-sea Bombing Exercises (explosive bombs and 
rockets):
    (i) If surface vessels are involved, trained Lookouts shall survey 
for marine mammals. Ordnance shall not be targeted to impact within 
1,000 yd (914 m) of known or observed marine mammals.
    (ii) A 1,000-yd (914 m) radius buffer zone shall be established 
around the intended target.
    (iii) Aircraft shall visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area shall be made by flying at 1,500 ft (457 m) or lower, if 
safe to do so, and at the slowest safe speed. Release of ordinance 
through cloud cover is prohibited: Aircraft must be able to see ordnance 
impact areas. Survey aircraft shall employ most effective search tactics 
and capabilities.
    (iv) The exercise shall be conducted only if marine mammals are not 
visible within the buffer zone.
    (11) Air-to-Surface At-Sea Bombing Exercises (Non-explosive Bombs 
and Rockets):
    (i) If surface vessels are involved, trained Lookouts shall survey 
for marine mammals. Ordnance shall not be targeted to impact within 
1,000 yd (914 m) of known or observed marine mammals.
    (ii) A 1,000-yd (914 m) radius buffer zone shall be established 
around the intended target.

[[Page 228]]

    (iii) Aircraft shall visually survey the target and buffer zone for 
marine mammals prior to and during the exercise. The survey of the 
impact area shall be made by flying at 1,500 ft (457 m) or lower, if 
safe to do so, and at the slowest safe speed. Release of ordnance 
through cloud cover is prohibited: Aircraft must be able to actually see 
ordnance impact areas. Survey aircraft shall employ most effective 
search tactics and capabilities.
    (iv) The exercise shall be conducted only if marine mammals and are 
not visible within the buffer zone.
    (12) Air-to-Surface Missile Exercises (explosive and non-explosive):
    (i) Aircraft shall visually survey the target area for marine 
mammals. Visual inspection of the target area shall be made by flying at 
1,500 ft (457 m) or lower, if safe to do so, and at the slowest safe 
speed. Firing or range clearance aircraft must be able to actually see 
ordnance impact areas.
    (ii) Explosive ordnance shall not be targeted to impact within 1,800 
yd (1646 m) of sighted marine mammals.
    (13) Aircraft Training Activities Involving Non-Explosive Devices:
    (i) Non-explosive devices such as some sonobuoys and inert bombs 
involve aerial drops of devices that have the potential to hit marine 
mammals if they are in the immediate vicinity of a floating target. The 
exclusion zone (200 yd), therefore, shall be clear of marine mammals and 
around the target location.
    (ii) [Reserved]
    (14) Extended Echo Ranging/Improved Extended Echo Ranging (EER/
IEER):
    (i) Crews shall conduct visual reconnaissance of the drop area prior 
to laying their intended sonobuoy pattern. This search shall be 
conducted at an altitude below 500 yd (457 m) at a slow speed, if 
operationally feasible and weather conditions permit. In dual aircraft 
operations, crews are allowed to conduct coordinated area clearances.
    (ii) Crews shall conduct a minimum of 30 minutes of visual and aural 
monitoring of the search area prior to commanding the first post 
detonation. This 30-minute observation period may include pattern 
deployment time.
    (iii) For any part of the intended sonobuoy pattern where a post 
(source/receiver sonobuoy pair) shall be deployed within 1,000 yd (914 
m) of observed marine mammal activity, the Navy shall deploy the 
receiver ONLY and monitor while conducting a visual search. When marine 
mammals are no longer detected within 1,000 yd (914 m) of the intended 
post position, the Navy shall co-locate the explosive source sonobuoy 
(AN/SSQ-110A) (source) with the receiver.
    (iv) When operationally feasible, Navy crews shall conduct 
continuous visual and aural monitoring of marine mammal activity. This 
is to include monitoring of own-aircraft sensors from first sensor 
placement to checking off station and out of RF range of these sensors.
    (v) Aural Detection--If the presence of marine mammals is detected 
aurally, then that shall cue the Navy aircrew to increase the diligence 
of their visual surveillance. Subsequently, if no marine mammals are 
visually detected, then the crew may continue multi-static active 
search.
    (vi) Visual Detection--If marine mammals are visually detected 
within 1,000 yd (914 m) of the explosive source sonobuoy (AN/SSQ-110A) 
intended for use, then that payload shall not be detonated. Aircrews may 
utilize this post once the marine mammals have not been re-sighted for 
30 minutes, or are observed to have moved outside the 1,000-yd (914 m) 
safety buffer. Aircrews may shift their multi-static active search to 
another post, where marine mammals are outside the 1,000-yd (914 m) 
safety buffer.
    (vii) Aircrews shall make every attempt to manually detonate the 
unexploded charges at each post in the pattern prior to departing the 
operations area by using the ``Payload 1 Release'' command followed by 
the ``Payload 2 Release'' command. Aircrews shall refrain from using the 
``Scuttle'' command when two payloads remain at a given post. Aircrews 
shall ensure that a 1,000-yd (914 m) safety buffer, visually clear of 
marine mammals, is maintained around each post as is done during active 
search operations.
    (viii) Aircrews shall only leave posts with unexploded charges in 
the event of a sonobuoy malfunction, an aircraft

[[Page 229]]

system malfunction, or when an aircraft must immediately depart the area 
due to issues such as fuel constraints, inclement weather, and in-flight 
emergencies. In these cases, the sonobuoy shall self-scuttle using the 
secondary or tertiary method.
    (ix) The Navy shall ensure all payloads are accounted for. Explosive 
source sonobuoys (AN/SSQ-110A) that cannot be scuttled shall be reported 
as unexploded ordnance via voice communications while airborne, then 
upon landing via naval message.
    (x) Marine mammal monitoring shall continue until out of own-
aircraft sensor range.
    (15) The Navy shall abide by the letter of the ``Stranding Response 
Plan for Major Navy Training Exercises in the GoA TMAA'' (available at: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm), which is 
incorporated herein by reference, to include the following measures:
    (i) Shutdown Procedures--When an Uncommon Stranding Event (USE--
defined in Sec. 216.271) occurs during a Major Training Exercise (MTE) 
(as defined in the Stranding Plan, meaning including Multi-strike group 
exercises, Joint Expeditionary exercises, and Marine Air Ground Task 
Force exercises in the GoA TMAA), the Navy shall implement the 
procedures described below.
    (A) The Navy shall implement a Shutdown (as defined in the Stranding 
Response Plan for GoA TMAA) when advised by a NMFS Office of Protected 
Resources Headquarters Senior Official designated in the GoA TMAA 
Stranding Communication Protocol that a USE (as defined in the Stranding 
Response Plan for the GoA TMAA) involving live animals has been 
identified and that at least one live animal is located in the water. 
NMFS and Navy shall communicate, as needed, regarding the identification 
of the USE and the potential need to implement shutdown procedures.
    (B) Any shutdown in a given area shall remain in effect in that area 
until NMFS advises the Navy that the subject(s) of the USE at that area 
die or are euthanized, or that all live animals involved in the USE at 
that area have left the area (either of their own volition or herded).
    (C) If the Navy finds an injured or dead marine mammal floating at 
sea during an MTE, the Navy shall notify NMFS immediately or as soon as 
operational security considerations allow. The Navy shall provide NMFS 
with the species or description of the animal(s), the condition of the 
animal(s) including carcass condition if the animal(s) is/are dead), 
location, time of first discovery, observed behavior(s) (if alive), and 
photo or video of the animal(s) (if available). Based on the information 
provided, NMFS shall determine if, and advise the Navy whether a 
modified shutdown is appropriate on a case-by-case basis.
    (D) In the event, following a USE, that: Qualified individuals are 
attempting to herd animals back out to the open ocean and animals are 
not willing to leave, or animals are seen repeatedly heading for the 
open ocean but turning back to shore, NMFS and the Navy shall coordinate 
(including an investigation of other potential anthropogenic stressors 
in the area) to determine if the proximity of MFAS/HFAS activities or 
explosive detonations, though farther than 14 nm from the distressed 
animal(s), is likely decreasing the likelihood that the animals return 
to the open water. If so, NMFS and the Navy shall further coordinate to 
determine what measures are necessary to further minimize that 
likelihood and implement those measures as appropriate.
    (ii) Within 72 hrs of NMFS notifying the Navy of the presence of a 
USE, the Navy shall provide available information to NMFS (per the GoA 
TMAA Communication Protocol) regarding the location, number and types of 
acoustic/explosive sources, direction and speed of units using MFAS/
HFAS, and marine mammal sightings information associated with training 
activities occurring within 80 nm (148 km) and 72 hrs prior to the USE 
event. Information not initially available regarding the 80 nm (148 km) 
and 72 hrs prior to the event shall be provided as soon as it becomes 
available. The Navy shall provide NMFS investigative teams with 
additional relevant unclassified information as requested, if available.

[[Page 230]]

    (iii) Memorandum of Agreement (MOA)--The Navy and NMFS shall develop 
a MOA, or other mechanism, that will establish a framework whereby the 
Navy can (and provide the Navy examples of how they can best) assist 
NMFS with stranding investigations in certain circumstances.
    (b) [Reserved]



Sec. 218.125  Requirements for monitoring and reporting.

    (a) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS is notified immediately ((see 
Communication Plan) or as soon as clearance procedures allow) if an 
injured, stranded, or dead marine mammal is found during or shortly 
after, and in the vicinity of, any Navy training exercise utilizing 
MFAS, HFAS, or underwater explosive detonations. The Navy shall provide 
NMFS with the species or description of the animal(s), the condition of 
the animal(s) (including carcass condition if the animal is dead), 
location, time of first discovery, observed behavior(s) (if alive), and 
photo or video of the animal(s) (if available). In the event that an 
injured, stranded, or dead marine mammal is found by the Navy that is 
not in the vicinity of, or during or shortly after, MFAS, HFAS, or 
underwater explosive detonations, the Navy shall report the same 
information as listed above as soon as operationally feasible and 
clearance procedures allow.
    (b) General Notification of Ship Strike--In the event of a ship 
strike by any Navy vessel, at any time or place, the Navy shall do the 
following:
    (1) Immediately report to NMFS the species identification (if 
known), location (lat/long) of the animal (or the strike if the animal 
has disappeared), and whether the animal is alive or dead, or whether 
its status is unknown.
    (2) Report to NMFS as soon as operationally feasible the size and 
length of animal, an estimate of the injury status (e.g., dead, injured 
but alive, injured and moving, unknown, etc)., vessel class/type and 
operational status.
    (3) Report to NMFS the vessel length, speed, and heading as soon as 
feasible.
    (4) Provide NMFS a photo or video of the animal(s), if equipment is 
available.
    (c) The Navy must conduct all monitoring and/or research required 
under the Letter of Authorization including abiding by the GoA TMAA 
Monitoring Plan. (http://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications)
    (d) Report on Monitoring required in paragraph (c) of this section--
The Navy shall submit a report annually on December 15 describing the 
implementation and results (through October of the same year) of the 
monitoring required in paragraph (c) of this section. The Navy shall 
standardize data collection methods across ranges to allow for 
comparison in different geographic locations.
    (e) Sonar Exercise Notification--The Navy shall submit to the NMFS 
Office of Protected Resources (specific contact information to be 
provided in LOA) either an electronic (preferably) or verbal report 
within 15 calendar days after the completion of any MTER indicating:
    (1) Location of the exercise;
    (2) Beginning and end dates of the exercise; and
    (3) Type of exercise.
    (f) Annual GoA TMAA Report--The Navy shall submit an Annual Exercise 
GoA TMAA Report on December 15 of every year (covering data gathered 
through October). This report shall contain the subsections and 
information indicated below.
    (1) MFAS/HFAS Training Exercises--This section shall contain the 
following information for the following Coordinated and Strike Group 
exercises: Joint Multi-strike Group Exercises; Joint Expeditionary 
Exercises; and Marine Air Ground Task Force GoA TMAA:
    (i) Exercise Information (for each exercise):
    (A) Exercise designator;
    (B) Date that exercise began and ended;
    (C) Location;
    (D) Number and types of active sources used in the exercise;
    (E) Number and types of passive acoustic sources used in exercise;
    (F) Number and types of vessels, aircraft, etc., participating in 
exercise;

[[Page 231]]

    (G) Total hours of observation by watchstanders;
    (H) Total hours of all active sonar source operation;
    (I) Total hours of each active sonar source (along with explanation 
of how hours are calculated for sources typically quantified in 
alternate way (buoys, torpedoes, etc.)); and
    (J) Wave height (high, low, and average during exercise).
    (ii) Individual marine mammal sighting info (for each sighting in 
each exercise):
    (A) Location of sighting;
    (B) Species (if not possible--indication of whale/dolphin/pinniped);
    (C) Number of individuals;
    (D) Calves observed (y/n);
    (E) Initial Detection Sensor;
    (F) Indication of specific type of platform observation made from 
(including, for example, what type of surface vessel; i.e., FFG, DDG, or 
CG);
    (G) Length of time observers maintained visual contact with marine 
mammal(s);
    (H) Wave height (ft);
    (I) Visibility;
    (J) Sonar source in use (y/n);
    (K) Indication of whether animal is < 200 yd, 200-500 yd, 500-1,000 
yd, 1,000-2,000 yd, or  2,000 yd from sonar source in (x) 
above;
    (L) Mitigation Implementation--Whether operation of sonar sensor was 
delayed, or sonar was powered or shut down, and how long the delay was;
    (M) If source in use (x) is hull-mounted, true bearing of animal 
from ship, true direction of ship's travel, and estimation of animal's 
motion relative to ship (opening, closing, parallel); and
    (N) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animals (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming, etc.).
    (iii) An evaluation (based on data gathered during all of the 
exercises) of the effectiveness of mitigation measures designed to avoid 
exposing marine mammals to MFAS. This evaluation shall identify the 
specific observations that support any conclusions the Navy reaches 
about the effectiveness of the mitigation.
    (2) ASW Summary--This section shall include the following 
information as summarized from non-major training exercises (unit-level 
exercises, such as TRACKEXs):
    (i) Total Hours--Total annual hours of each type of sonar source 
(along with explanation of how hours are calculated for sources 
typically quantified in alternate way (buoys, torpedoes, etc.)).
    (ii) Cumulative Impacts--To the extent practicable, the Navy, in 
coordination with NMFS, shall develop and implement a method of annually 
reporting other training (i.e., Unit Level Training (ULT)) utilizing 
hull-mounted sonar. The report shall present an annual (and seasonal, 
where practicable) depiction of non-major training exercises 
geographically across the GoA TMAA. The Navy shall include (in the GoA 
TMAA annual report) a brief annual progress update on the status of the 
development of an effective and unclassified method to report this 
information until an agreed-upon (with NMFS) method has been developed 
and implemented.
    (3) Sinking Exercises (SINKEXs)--This section shall include the 
following information for each SINKEX completed that year:
    (i) Exercise info:
    (A) Location;
    (B) Date and time exercise began and ended;
    (C) Total hours of observation by watchstanders before, during, and 
after exercise;
    (D) Total number and types of rounds expended/explosives detonated;
    (E) Number and types of passive acoustic sources used in exercise;
    (F) Total hours of passive acoustic search time;
    (G) Number and types of vessels, aircraft, etc., participating in 
exercise;
    (H) Wave height in feet (high, low, and average during exercise); 
and
    (I) Narrative description of sensors and platforms utilized for 
marine mammal detection and timeline illustrating how marine mammal 
detection was conducted.

[[Page 232]]

    (ii) Individual marine mammal observation during SINKEX (by Navy 
Lookouts) information:
    (A) Location of sighting;
    (B) Species (if not possible--indication of whale/dolphin/pinniped);
    (C) Number of individuals;
    (D) Calves observed (y/n);
    (E) Initial detection sensor;
    (F) Length of time observers maintained visual contact with marine 
mammal;
    (G) Wave height (ft);
    (H) Visibility;
    (I) Whether sighting was before, during, or after detonations/
exercise, and how many minutes before or after;
    (J) Distance of marine mammal from actual detonations (or target 
spot if not yet detonated)--use four categories to define distance:
    (1) The modeled injury threshold radius for the largest explosive 
used in that exercise type in that OPAREA (762 m for SINKEX in the GoA 
TMAA);
    (2) The required exclusion zone (1 nm for SINKEX in the GoA TMAA);
    (3) The required observation distance (if different than the 
exclusion zone (2 nm for SINKEX in the GoA TMAA); and
    (4) Greater than the required observed distance. For example, in 
this case, the observer shall indicate if < 762 m, from 762 m-1 nm, from 
1 nm-2 nm, and  2 nm.
    (K) Observed behavior--Watchstanders shall report, in plain language 
and without trying to categorize in any way, the observed behavior of 
the animals (such as animal closing to bow ride, paralleling course/
speed, floating on surface and not swimming etc.), including speed and 
direction.
    (L) Resulting mitigation implementation--Indicate whether explosive 
detonations were delayed, ceased, modified, or not modified due to 
marine mammal presence and for how long.
    (M) If observation occurs while explosives are detonating in the 
water, indicate munitions type in use at time of marine mammal 
detection.
    (4) Improved Extended Echo-Ranging System (IEER) Summary:
    (i) Total number of IEER events conducted in the GoA TMAA;
    (ii) Total expended/detonated rounds (buoys); and
    (iii) Total number of self-scuttled IEER rounds.
    (5) Explosives Summary--The Navy is in the process of improving the 
methods used to track explosive use to provide increased granularity. To 
the extent practicable, the Navy shall provide the information described 
below for all of their explosive exercises. Until the Navy is able to 
report in full the information below, they shall provide an annual 
update on the Navy's explosive tracking methods, including improvements 
from the previous year.
    (i) Total annual number of each type of explosive exercise (of those 
identified as part of the ``specified activity'' in this final rule) 
conducted in the GoA TMAA; and
    (ii) Total annual expended/detonated rounds (missiles, bombs, etc.) 
for each explosive type.
    (g) GoA TMAA 5-Yr Comprehensive Report--The Navy shall submit to 
NMFS a draft report that analyzes and summarizes all of the multi-year 
marine mammal information gathered during ASW and explosive exercises 
for which annual reports are required (Annual GoA TMAA Exercise Reports 
and GoA TMAA Monitoring Plan Reports). This report shall be submitted at 
the end of the fourth year of the rule (December 2014), covering 
activities that have occurred through October 2014.
    (h) Comprehensive National ASW Report--By June, 2014, the Navy shall 
submit a draft National Report that analyzes, compares, and summarizes 
the active sonar data gathered (through January 1, 2014) from the 
watchstanders and pursuant to the implementation of the Monitoring Plans 
for the Northwest Training Range Complex, the Southern California Range 
Complex, the Atlantic Fleet Active Sonar Training, the Hawaii Range 
Complex, the Mariana Islands Range Complex, and the Gulf of Alaska.
    (i) The Navy shall comply with the Integrated Comprehensive 
Monitoring Program (ICMP) Plan and continue to improve the program in 
consultation with NMFS.

[[Page 233]]



Sec. 218.126  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. Citizen (as defined by Sec. 216.103 of this chapter) 
conducting the activity identified in Sec. 218.120(c) (i.e., the Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance with Sec. 218.127 or a renewal under Sec. 218.128.



Sec. 218.127  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually or biennially subject to renewal 
conditions in Sec. 218.128.
    (b) Each Letter of Authorization shall set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization shall be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.128  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
218.127 of this chapter or the activity identified in Sec. 218.120(c) 
shall be renewed annually or biennially upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.126 shall be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12-24 months;
    (2) Receipt of the monitoring reports and notifications within the 
indicated timeframes required under Sec. 218.125(b through j); and
    (3) A determination by NMFS that the mitigation, monitoring, and 
reporting measures required under Sec. 218.124 and the Letter of 
Authorization issued under Sec. Sec. 216.126 and 218.127 of this 
chapter were undertaken and will be undertaken during the upcoming 
period of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.126 and 216.128 indicates that a substantial 
modification, as determined by NMFS, to the described work, mitigation 
or monitoring undertaken during the upcoming season will occur, NMFS 
will provide the public a period of 30 days for review and comment on 
the request. Review and comment on renewals of Letters of Authorization 
are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) Adaptive Management--NMFS may modify or augment the existing 
mitigation or monitoring measures (after consulting with the Navy 
regarding the practicability of the modifications) if doing so creates a 
reasonable likelihood of more effectively accomplishing the goals of 
mitigation and monitoring set forth in the preamble of these 
regulations. Below are some of the possible sources of new data that 
could contribute to the decision to modify the mitigation or monitoring 
measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from the GoA TMAA or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011.
    (3) Compiled results of Navy-funded research and development (R&D) 
studies (presented pursuant to the Integrated Comprehensive Monitoring 
Plan).

[[Page 234]]

    (4) Results from specific stranding investigations (either from the 
GoA TMAA or other locations, and involving coincident MFAS/HFAS or 
explosives training or not involving coincident use).
    (5) Results from the Long Term Prospective Study described in the 
preamble to these regulations.
    (6) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).



Sec. 218.129  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. Sec. 216.126 
and 218.127 of this chapter and subject to the provisions of this 
subpart, shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 218.128, without 
modification (except for the period of validity), is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.120(b), a Letter of 
Authorization issued pursuant to Sec. Sec. 216.126 and 218.127 of this 
chapter may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.

Subparts O-Q [Reserved]



   Subpart R_Taking Marine Mammals Incidental to U.S. Navy Research, 
  Development, Test, and Evaluation Activities in the Naval Sea System 
  Command (NAVSEA) Naval Undersea Warfare Center (NUWC) Keyport Range 
        Complex and the Associated Proposed Extensions Study Area

    Source: 76 FR 20274, Apr. 12, 2011, unless otherwise noted.

    Effective Date Note: At 76 FR 20274, Apr. 12, 2011, subpart R was 
added, effective Apr. 11, 2011 through Apr. 11, 2016.



Sec. 218.170  Specified activity and specified geographical area and
effective dates.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occur in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) These regulations apply only to the taking of marine mammals by 
the Navy that occurs within the Keyport Range Complex Action Area, which 
includes the extended Keyport Range Site, the extended Dabob Bay Range 
Complex (DBRC) Site, and the extended Quinault Underwater Tracking Range 
(QUTR) Site, as presented in the Navy's LOA application. The NAVSEA NUWC 
Keyport Range Complex is divided into open ocean/offshore areas and in-
shore areas:
    (1) Open Ocean Area--air, surface, and subsurface areas of the 
NAVSEA NUWC Keyport Range Complex Extension that lie outside of 12 
nautical miles (nm) from land.
    (2) Offshore Area--air, surface, and subsurface ocean areas within 
12 nm of the Pacific Coast.
    (3) In-shore--air, surface, and subsurface areas within the Puget 
Sound, Port Orchard Reach, Hood Canal, and Dabob Bay.
    (c) These regulations apply only to the taking of marine mammals by 
the Navy if it occurs incidental to the following activities, or similar 
activities and sources (estimated amounts of use below):

[[Page 235]]

    (1) Range Activities Using Active Acoustic Devices:
    (i) General range tracking: Narrow frequency output between 10 to 
100 kHz with source levels (SL) between 195-203 dB re 1 microPa @ 1 m--
up to 504.5 hours per year.
    (ii) UUV Payloads: Operating frequency of 10 to 100 kHz with SLs 
less than 195 dB re 1 microPa @ 1 m at all range sites--up to 166 hours 
per year.
    (iii) Torpedo Sonars: Operating frequency from 10 to 100 kHz with SL 
under 233 dB re 1 microPa @ 1 m--up to 21 hours per year.
    (iv) Range Targets and Special Test Systems: 5 to 100 kHz frequency 
range with a SL less than 195 dB re 1 microPa @ 1 m at the Keyport Range 
Site and SL less than 238 dB re microPa @ 1 m at the DBRC and QUTR 
sites--up to 9 hours per year.
    (v) Special Sonars (non-Navy, shore/pire static testing, diver 
activities) and Fleet Aircraft (active sonobuoys and dipping sonars): 
Frequencies vary from 100 to 2,500 kHz with SL less than 235 dB re 1 
microPa @ 1 m--up to 321 hours per year.
    (vi) Side Scan Sonar: Multiple frequencies typically at 100 to 700 
kHz with SLs less than 235 dB re 1 microPa @ 1 m--up to 166 hours per 
year.
    (vii) Other Acoustic Sources:
    (A) Acoustic Modems: Emit pulses at frequencies from 10 to 300 kHz 
with SLs less than 210 dB re 1 microPa @ 1 m--up to 166 hours per year.
    (B) Sub-bottom Profilers: Operate at 2 to 7 kHz at SLs less than 210 
dB re 1 microPa @ 1 m, and 35 to 45 kHz at SLs less than 220 dB re 1 
microPa @ 1 m--up to 192 hours per year.
    (C) Target simulator (surface vessels, submarines, torpedoes, and 
UUV engine noise): Acoustic energy from engines usually from 50 Hz to 10 
kHz at SLs less than 170 dB re 1 microPa @ 1 m--up to 24.5 hours per 
year.
    (2) Increased Tempo and Activities due to Range Extension: Estimates 
of annual range activities and operations are listed in the following 
table, but may vary provided that the variation does not result in 
exceeding the amount of take indicated in Sec. 218.171(c):

----------------------------------------------------------------------------------------------------------------
                                                                      Proposed number of activities/year \1\
                                                                 -----------------------------------------------
            Range activity                Platform/system used     Keyport range
                                                                       site          DBRC site       QUTR site
----------------------------------------------------------------------------------------------------------------
Test Vehicle Propulsion...............  Thermal propulsion                     5             130              30
                                         systems.                             55             140              30
                                        Electric/Chemical
                                         propulsion systems.
Other Testing Systems and Activities..  Submarine testing.......               0              45              15
                                        Inert mine detection,                  5              20              10
                                         classification and
                                         localization.
                                        Non-Navy testing........               5               5               5
                                        Acoustic & non-acoustic               20              10               5
                                         sensors (magnetic
                                         array, oxygen).
                                        Countermeasure test.....               5              50               5
                                        Impact testing..........               0              10               5
                                        Static in-water testing.              10              10               6
                                        UUV test................              45             120              40
                                        Unmanned Aerial System                 0               2               2
                                         (UAS) test.
Fleet Activities \2\ (excluding RDT&E)  Surface Ship activities.               1              10              10
                                        Aircraft activities.....               0              10              10
                                        Submarine activities....               0              30              30
                                        Diver activities........              45               5              15
Deployment Systems (RDT&E)............  Range support vessels:..  ..............  ..............
                                           Surface launch craft.              35             180              30
                                           Special purpose                    25              75               0
                                            barges.
                                        Fleet vessels \3\.......              15              20              20
                                        Aircraft (rotary and                   0              10              20
                                         fixed wing).
                                        Shore and pier..........              45              30             30
----------------------------------------------------------------------------------------------------------------
\1\ There may be several activities in 1 day. These numbers provide an estimate of types of range activities
  over the year.
\2\ Fleet activities in the NAVSEA NUWC Keyport Range Complex do not include the use of surface ship and
  submarine hull-mounted active sonars.
\3\ As previously noted, Fleet vessels can include very small craft such as SEAL Delivery Vehicles.


[[Page 236]]

    (d) Regulations in this subpart are effective April 11, 2011 through 
April 11, 2016.



Sec. 218.171  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 218.176 of this chapter, the Holder of the Letter of 
Authorization may incidentally, but not intentionally, take marine 
mammals within the area described in Sec. 218.170(b), provided the 
activity is in compliance with all terms, conditions, and requirements 
of these regulations and the appropriate Letter of Authorization.
    (b) The activities identified in Sec. 218.170(c) must be conducted 
in a manner that minimizes, to the greatest extent practicable, any 
adverse impacts on marine mammals and their habitat.
    (c) The incidental take of marine mammals under the activities 
identified in Sec. 218.170(c) is limited to the following species, by 
Level B harassment only and the indicated number of times:
    (1) Harbor porpoise (Phocoena phocoena)--56,415 (an average of 
11,283 annually);
    (2) Northern fur seal (Callorhinus ursinus)--220 (an average of 44 
annually);
    (3) California sea lion (Zalophus californianus)--570 (an average of 
114 annually);
    (4) Northern elephant seal (Mirounga angustirostris)--70 (an average 
of 14 annually);
    (5) Harbor seal (Phoca vitulina richardsi) (Washington Inland Waters 
stock)--27,340 (an average of 5,468 annually); and
    (6) Harbor seal (P. v. richardsi) (Oregon/Washington Coastal 
stock)--505 (an average of 101 annually).



Sec. 218.172  Prohibitions.

    Notwithstanding takings contemplated in Sec. 218.171 and authorized 
by a Letter of Authorization issued under Sec. 216.106 of this chapter 
and Sec. 218.176, no person in connection with the activities described 
in Sec. 218.170 may:
    (a) Take any marine mammal not specified in Sec. 218.171(c);
    (b) Take any marine mammal specified in Sec. 218.171(c) other than 
by incidental take as specified in Sec. 218.171 (c);
    (c) Take a marine mammal specified in Sec. 218.171(c) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. 216.106 of this chapter and Sec. 218.176.



Sec. 218.173  Mitigation.

    When conducting RDT&E activities identified in Sec. 218.170(c), the 
mitigation measures contained in this subpart and subsequent Letters of 
Authorization issued under Sec. 216.106 of this chapter and Sec. 
218.176 must be implemented. These mitigation measures include, but are 
not limited to:
    (a) Marine mammal observers training:
    (1) All range personnel shall be trained in marine mammal 
recognition.
    (2) Marine mammal observer training shall be conducted by qualified 
organizations approved by NMFS.
    (b) Lookouts onboard vessels:
    (1) Vessels on a range shall use lookouts during all hours of range 
activities.
    (2) Lookout duties include looking for marine mammals.
    (3) All sightings of marine mammals shall be reported to the Range 
Officer in charge of overseeing the activity.
    (c) Visual surveillance shall be conducted just prior to all in-
water exercises.
    (1) Surveillance shall include, as a minimum, monitoring from all 
participating surface craft and, where available, adjacent shore sites.
    (2) When cetaceans have been sighted in the vicinity of the 
operation, all range participants increase vigilance and take reasonable 
and practicable actions to avoid collisions and activities that may 
result in close interaction of naval assets and marine mammals.
    (3) Actions may include changing speed and/or direction, subject to 
environmental and other conditions (e.g., safety, weather).

[[Page 237]]

    (d) An ``exclusion zone'' shall be established and surveillance will 
be conducted to ensure that there are no marine mammals within this 
exclusion zone prior to the commencement of each in-water exercise.
    (1) For cetaceans, the exclusion zone shall extend out 1,000 yards 
(914.4 m) from the intended track of the test unit.
    (2) For pinnipeds, the exclusion zone shall extend out 100 yards (91 
m) from the intended track of the test unit.
    (e) Range craft shall not approach within 100 yards (91 m) of marine 
mammals, to the extent practicable considering human and vessel safety 
priorities. This includes marine mammals ``hauled-out'' on islands, 
rocks, and other areas such as buoys.
    (f) In the event of a collision between a Navy vessel and a marine 
mammal, NUWC Keyport activities shall notify immediately the Navy chain 
of Command, which shall notify NMFS immediately.
    (g) Passive acoustic monitoring for cetaceans will be implemented 
throughout the NUWC Keyport Range Complex during RDT&E testing 
activities involving active sonar transmissions when passive acoustic 
monitoring capabilities are being operated during the testing activity.
    (h) Procedures for reporting marine mammal sightings on the NAVSEA 
NUWC Keyport Range Complex shall be promulgated, and sightings shall be 
entered into the Range Operating System and forwarded to NOAA/NMML 
Platforms of Opportunity Program.
    (i) If there is clear evidence that a marine mammal is injured or 
killed as a result of the proposed Navy RDT&E activities, the Naval 
activities shall be immediately suspended and the situation immediately 
reported by personnel involved in the activity to the Ranger Officer, 
who will follow Navy procedures for reporting the incident to NMFS 
through the Navy's chain-of-command.
    (j) For nighttime RDT&E activities of active acoustic transmissions 
in the Keyport Range proposed extension area, the Navy shall conduct 
passive acoustic monitoring within the Agate Pass and south of 
University Point in southern Port Orchard Reach. If Southern Resident 
killer whales are detected in the vicinity of the Keyport Range Site, 
the Range Office shall be notified immediately and the active acoustic 
sources must be shutdown if killer whales are confirmed to approach at 
1,000 yards from the source.



Sec. 218.174  Requirements for monitoring and reporting.

    (a) The Holder of the Letter of Authorization issued pursuant to 
Sec. 216.106 of this chapter and Sec. 218.176 for activities described 
in Sec. 218.170(c) is required to cooperate with the NMFS when 
monitoring the impacts of the activity on marine mammals.
    (b) The Holder of the Authorization must notify NMFS immediately (or 
as soon as clearance procedures allow) if the specified activity 
identified in Sec. 218.170(c) is thought to have resulted in the 
mortality or injury of any marine mammals, or in any take of marine 
mammals not identified or authorized in Sec. 218.171(c).
    (c) The Navy must conduct all monitoring and required reporting 
under the Letter of Authorization, including abiding by the NAVSEA NUWC 
Keyport Range Complex Monitoring Plan, which is incorporated herein by 
reference, and which requires the Navy to implement, at a minimum, the 
monitoring activities summarized below:
    (1) Visual Surveys:
    (i) The Holder of this Authorization shall conduct a minimum of 2 
special visual surveys per year to monitor HFAS and MFAS respectively at 
the DBRC Range site.
    (ii) For specified events, shore-based and vessel surveys shall be 
used 1 day prior to and 1-2 days post activity.
    (A) Shore-based Surveys:
    (1) Shore-based monitors shall observe test events that are planned 
in advance to occur adjacent to near shore areas where there are 
elevated topography or coastal structures, and shall use binoculars or 
theodolite to augment other visual survey methods.
    (2) Shore-based surveys of the test area and nearby beaches shall be 
conducted for stranded marine animals following nearshore events. If any 
distressed, injured or stranded animals are observed, an assessment of 
the animal's condition (alive, injured, dead, or

[[Page 238]]

degree of decomposition) shall be reported immediately to the Navy and 
the information shall be transmitted immediately to NMFS through the 
appropriate chain of command.
    (B) Vessel-based Surveys:
    (1) Vessel-based surveys shall be designed to maximize detections of 
marine mammals near mission activity event.
    (2) Post-analysis shall focus on how the location, speed and vector 
of the range craft and the location and direction of the sonar source 
(e.g. Navy surface vessel) relates to the animal.
    (3) Any other vessels or aircraft observed in the area shall also be 
documented.
    (iii) Surveys shall include the range site with special emphasis 
given to the particular path of the test run. When conducting a 
particular survey, the survey team shall collect the following 
information.
    (A) Species identification and group size;
    (B) Location and relative distance from the acoustic source(s);
    (C) The behavior of marine mammals including standard environmental 
and oceanographic parameters;
    (D) Date, time and visual conditions associated with each 
observation;
    (E) Direction of travel relative to the active acoustic source; and
    (F) Duration of the observation.
    (iv) Animal sightings and relative distance from a particular active 
acoustic source shall be used post-survey to determine potential 
received energy (dB re 1 micro Pa-sec). This data shall be used, post-
survey, to estimate the number of marine mammals exposed to different 
received levels (energy based on distance to the source, bathymetry, 
oceanographic conditions and the type and power of the acoustic source) 
and their corresponding behavior.
    (2) Passive Acoustic Monitoring (PAM):
    (i) The Navy shall deploy a hydrophone array in the Keyport Range 
Complex Study Area for PAM.
    (ii) The array shall be utilized during the two special monitoring 
surveys in DBRC as described in Sec. 218.174(c)(1)(i).
    (iii) The array shall have the capability of detecting low frequency 
vocalizations (<1,000 Hz) for baleen whales and relatively high 
frequency (up to 30 kHz) for odontocetes.
    (iv) Acoustic data collected from the PAM shall be used to detect 
acoustically active marine mammals as appropriate.
    (3) Marine Mammal Observers on range craft or Navy vessels:
    (i) Navy Marine mammal observers (NMMOs) may be placed on a range 
craft or Navy platform during the event being monitored.
    (ii) The NMMO must possess expertise in species identification of 
regional marine mammal species and experience collecting behavioral 
data.
    (iii) NMMOs may be placed alongside existing lookouts during the two 
specified monitoring events as described in Sec. 218.174(c)(1)(i).
    (iv) NMMOs shall inform the lookouts of any marine mammal sighting 
so that appropriate action may be taken by the chain of command. NMMOs 
shall schedule their daily observations to duplicate the lookouts' 
schedule.
    (v) NMMOs shall observe from the same height above water as the 
lookouts, and they shall collect the same data collected by lookouts 
listed in Sec. 218.174(c)(1)(iii).
    (d) The Navy shall complete an Integrated Comprehensive Monitoring 
Program (ICMP) Plan in 2009. This planning and adaptive management tool 
shall include:
    (1) A method for prioritizing monitoring projects that clearly 
describes the characteristics of a proposal that factor into its 
priority.
    (2) A method for annually reviewing, with NMFS, monitoring results, 
Navy R&D, and current science to use for potential modification of 
mitigation or monitoring methods.
    (3) A detailed description of the Monitoring Workshop to be convened 
in 2011 and how and when Navy/NMFS will subsequently utilize the 
findings of the Monitoring Workshop to potentially modify subsequent 
monitoring and mitigation.
    (4) An adaptive management plan.
    (5) A method for standardizing data collection for NAVSEA NUWC 
Keyport Range Complex Extension and across range complexes.

[[Page 239]]

    (e) Notification of Injured or Dead Marine Mammals--Navy personnel 
shall ensure that NMFS (regional stranding coordinator) is notified 
immediately (or as soon as clearance procedures allow) if an injured or 
dead marine mammal is found during or shortly after, and in the vicinity 
of, any Navy activities utilizing sonar. The Navy shall provide NMFS 
with species or description of the animal(s), the condition of the 
animal(s) (including carcass condition if the animal is dead), location, 
time of first discovery, observed behaviors (if alive), and photo or 
video (if available).
    (f) Annual Keyport Range Complex Monitoring Plan Report--The Navy 
shall submit a report annually by December 1 describing the 
implementation and results (through September 1 of the same year) of the 
Keyport Range Complex Monitoring Plan. Data collection methods will be 
standardized across range complexes to allow for comparison in different 
geographic locations. Although additional information will also be 
gathered, the NMMOs collecting marine mammal data pursuant to the 
Keyport Range Complex Monitoring Plan shall, at a minimum, provide the 
same marine mammal observation data required in Sec. 218.174(c). The 
Keyport Range Complex Monitoring Plan Report may be provided to NMFS 
within a larger report that includes the required Monitoring Plan 
Reports from Keyport Range Complex and multiple range complexes.
    (g) Keyport Range Complex 5-yr Comprehensive Report--The Navy shall 
submit to NMFS a draft comprehensive report that analyzes and summarizes 
all of the multi-year marine mammal information gathered during tests 
involving active acoustic sources for which individual reports are 
required in Sec. 218.174 (d)-(f). This report will be submitted at the 
end of the fourth year of the rule (June 2013), covering activities that 
have occurred through September 1, 2013.
    (h) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the Keyport Range Complex 
Extension Comprehensive Report, the Annual Keyport Range Complex 
Monitoring Plan Report (or the multi-Range Complex Annual Monitoring 
Report, it that is how the Navy chooses to submit the information) if 
submitted within 3 months of receipt. The report will be considered 
final after the Navy has addressed NMFS' comments, or three months after 
the submittal of the draft if NMFS does not comment by then.
    (i) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations (to the Navy and NMFS) of ways of improving the 
Monitoring Plans. The recommendations shall be reviewed by the Navy, in 
consultation with NMFS, and modifications to the Monitoring Plan shall 
be made, as appropriate.



Sec. 218.175  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations 
for the activities identified in Sec. 218.170(c), the U.S. Navy must 
apply for and obtain either an initial Letter of Authorization in 
accordance with Sec. 218.176 or a renewal under Sec. 218.177.



Sec. 218.176  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.177.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).

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Sec. 218.177  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. Sec. 216.106 and 
218.176 for the activity identified in Sec. 218.170(c) will be renewed 
annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.175 shall be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
218.174(b); and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.173 and the Letter of 
Authorization issued under Sec. Sec. 216.106 and 218.176, were 
undertaken and will be undertaken during the upcoming annual period of 
validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 and 218.177 indicates that a substantial 
modification to the described work, mitigation or monitoring undertaken 
during the upcoming season will occur, the NMFS will provide the public 
a period of 30 days for review and comment on the request. Public 
comment on renewals of Letters of Authorization are restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from Keyport Range Complex Study Area or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 218.174(i)).
    (3) Compiled results of Navy funded research and development (R&D) 
studies (presented pursuant to the ICMP (Sec. 218.174(d)).
    (4) Results from specific stranding investigations (either from the 
Keyport Range Complex Study Area or other locations).
    (5) Results from the Long Term Prospective Study described in the 
preamble to these regulations.
    (6) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).
    (7) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent Letters of Authorization.



Sec. 218.178  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section and Sec. 
218.177(d), no substantive modification (including withdrawal or 
suspension) to the Letter of Authorization by NMFS, issued pursuant to 
Sec. 216.106 of this chapter and Sec. 218.176 and subject to the 
provisions of this subpart shall be made until after notification and an 
opportunity for public comment has been provided. For purposes of this 
paragraph, a renewal of a Letter of Authorization under Sec. 218.177, 
without modification (except for the period of validity), is not 
considered a substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.171(b), a Letter of 
Authorization issued pursuant to Sec. 216.106 of this chapter and Sec. 
218.176 may be substantively modified

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without prior notification and an opportunity for public comment. 
Notification will be published in the Federal Register within 30 days 
subsequent to the action.



    Subpart S_Taking Marine Mammals Incidental to U.S. Navy Mission 
   Activities in the Naval Surface Warfare Center Panama City Division

    Source: 75 FR 3410, Jan. 21, 2010, unless otherwise noted.

    Effective Date Note: At 75 FR 3410, Jan. 21, 2010, Sec. Sec. 
218.180--218.188 (Subpart S) was added, effective January 21, 2010 
through January 21, 2015.



Sec. 218.180  Specified activity and specified geographical area and
effective dates.

    (a) Regulations in this subpart apply only to the U.S. Navy for the 
taking of marine mammals that occurs in the area outlined in paragraph 
(b) of this section and that occur incidental to the activities 
described in paragraph (c) of this section.
    (b) The taking of marine mammals by the Navy is only authorized if 
it occurs within the NSWC PCD Study Area, which includes St. Andrew Bay 
(SAB) and military warning areas (areas within the GOM subject to 
military operations) W-151 (includes Panama City Operating Area), W-155 
(includes Pensacola Operating Area), and W-470, as described in Figures 
2-1 and 2-2 of the Navy's application for the Letter of Authorization 
(LOA). The NSWC PCD Study Area includes a Coastal Test Area, a Very 
Shallow Water Test Area, and Target and Operational Test Fields. The 
NSWC PCD Research, Development, Test, and Evaluation (RDT&E) activities 
may be conducted anywhere within the existing military operating areas 
and SAB from the mean high water line (average high tide mark) out to 
222 km (120 nm) offshore. The locations and environments include:
    (1) Test area control sites adjacent to NSWC PCD.
    (2) Wide coastal shelf 97 km (52 nm) distance offshore to 183 m (600 
ft), including bays and harbors.
    (c) The taking of marine mammals by the Navy is only authorized if 
it occurs incidental to the following activities within the designated 
amounts of use:
    (1) The use of the following high frequency active sonar (HFAS) and 
mid-frequency active sonar (MFAS) or similar sources for U.S. Navy 
mission activities in territorial waters in the amounts indicated below:
    (i) AN/SQS-53/56 Kingfisher--up to 15 hours over the course of 5 
years (an average of 3 hours per year);
    (ii) Sub-bottom profiler (2-9 kHz)--up to 105 hours over the course 
of 5 years (an average of 21 hours per year);
    (iii) REMUS SAS-LF (center frequency 15 kHz)--up to 60 hours over 
the course of 5 years (an average of 12 hours per year);
    (iv) REMUS Modem--up to 125 hours over the course of 5 years (an 
average of 25 hours per year);
    (v) Sub-bottom profiler (2-16 kHz)--up to 120 hours over the course 
of 5 years (an average of 24 hours per year);
    (vi) AN/SQQ-32--up to 150 hours over the course of 5 years (an 
average of 30 hours per year);
    (vii) REMUS-SAS-LF (center frequency 20 kHz)--up to 100 hours over 
the course of 5 years (an average of 20 hours per year);
    (viii) SAS-LF--up to 175 hours over the course of 5 years (an 
average of 35 hours per year);
    (ix) AN/WLD-1 RMS-ACL--up to 168 hours over the course of 5 years 
(an average of 33.5 hours per year);
    (x) BPAUV Sidescan (center frequency 75 kHz)--up to 125 hours over 
the course of 5 years (an average of 25 hours per year);
    (xi) TVSS--up to 75 hours over the course of 5 years (an average of 
15 hours per year);
    (xii) F84Y--up to 75 hours over the course of 5 years (an average of 
15 hours per year);
    (xiii) BPAUV Sidescan (center frequency 102.5 kHz)--up to 125 hours 
over the course of 5 years (an average of 25 hours per year);
    (xiv) REMUS-SAS-HF--up to 50 hours over the course of 5 years (an 
average of 10 hours per year);

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    (xv) SAS-HF--up to 58 hours over the course of 5 years (an average 
of 11.5 hours per year);
    (xvi) AN/SQS-20--up to 2725 hours over the course of 5 years (an 
average of 545 hours per year);
    (xvii) AN/WLD-11 RMS Navigation--up to 75 hours over the course of 5 
years (an average of 15 hours per year); and
    (xviii) BPAUV Sidescan (center frequency 120 kHz)--up to 150 hours 
over the course of 5 years (an average of 30 hours per year).
    (2) The use of the following high frequency active sonar (HFAS) and 
mid-frequency active sonar (MFAS) or similar sources for U.S. Navy 
mission activities in non-territorial waters in the amounts indicated 
below:
    (i) AN/SQS-53/56 Kingfisher--up to 5 hours over the course of 5 
years (an average of 1 hour per year);
    (ii) Sub-bottom profiler (2-9 kHz)--up to 5 hours over the course of 
5 years (an average of 1 hour per year);
    (iii) REMUS Modem--up to 60 hours over the course of 5 years (an 
average of 12 hours per year);
    (iv) Sub-bottom profiler (2-16 kHz)--up to 5 hours over the course 
of 5 years (an average of 1 hour per year);
    (v) AN/SQQ-32--up to 5 hours over the course of 5 years (an average 
of 1 hour per year);
    (vi) SAS-LF--up to 75 hours over the course of 5 years (an average 
of 15 hours per year);
    (vii) AN/WLD-1 RMS-ACL--up to 25 hours over the course of 5 years 
(an average of 5 hours per year);
    (viii) BPAUV Sidescan (center frequency 75 kHz)--up to 190 hours 
over the course of 5 years (an average of 38 hours per year);
    (ix) TVSS--up to 83 hours over the course of 5 years (an average of 
16.5 hours per year);
    (x) F84Y--up to 75 hours over the course of 5 years (an average of 
15 hours per year);
    (xi) REMUS-SAS-HF--up to 125 hours over the course of 5 years (an 
average of 25 hours per year);
    (xii) SAS-HF--up to 75 hours over the course of 5 years (an average 
of 15 hours per year);
    (xiii) AN/AQS-20--up to 75 hours over the course of 5 years (an 
average of 15 hours per year); and
    (xiv) BPAUV Sidescan (center frequency 120 kHz)--up to 125 hours 
over the course of 5 years (an average of 25 hours per year).
    (3) Ordnance operations for U.S. Navy mission activities in 
territorial waters in the amounts indicated below:
    (i) Range 1 (0-10 lb)--up to 255 detonations over the course of 5 
years (an average of 51 detonations per year);
    (ii) Range 2 (11-75 lb)--up to 15 detonations over the course of 5 
years (an average of 3 detonations per year); and
    (iii) Line charges--up to 15 detonations over the course of 5 years 
(an average of 3 detonations per year).
    (4) Ordnance operations for U.S. Navy mission activities in non-
territorial waters in the amounts indicated below:
    (i) Range 3 (76-600 lb)--up to 80 detonations over the course of 5 
years (an average of 16 detonations per year).
    (ii) Reserved.
    (5) Projectile firing operations for U.S. Navy mission activities in 
non-territorial waters in the amounts indicated below:
    (i) 5 in. Naval gunfire--up to 300 rounds over the course of 5 years 
(an average of 60 rounds per year);
    (ii) 40 mm rounds--up to 2,400 rounds over the course of 5 years (an 
average of 480 rounds per year);
    (iii) 30 mm rounds--up to 3,000 rounds over the course of 5 years 
(an average of 600 rounds per year);
    (iv) 20 mm rounds--up to 14,835 rounds over the course of 5 years 
(an average of 2,967 rounds per year);
    (v) 76 mm rounds--up to 1,200 rounds over the course of 5 years (an 
average of 240 rounds per year);
    (vi) 25 mm rounds--up to 2,625 rounds over the course of 5 years (an 
average of 525 rounds per year); and
    (vii) Small arms--up to 30,000 rounds over the course of 5 years (an 
average of 6,000 rounds per year).
    (d) Regulations are effective January 21, 2010, through January 21, 
2015.



Sec. 218.181  Permissible methods of taking.

    (a) Under Letters of Authorization issued pursuant to Sec. Sec. 
216.106 and 218.186

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of this chapter, the Holder of the Letter of Authorization may 
incidentally, but not intentionally, take marine mammals within the area 
described in Sec. 218.180(b), provided the activity is in compliance 
with all terms, conditions, and requirements of these regulations and 
the appropriate Letter of Authorization.
    (b) The incidental take of marine mammals under the activities 
identified in Sec. 218.180(c) is limited to the following species, by 
the indicated method of take and the indicated number of times:
    (1) Level B Harassment:
    (i) Sperm whale (Physeter macrocephalus)--10 (an average of 2 
annually),
    (ii) Risso's dolphin (Grampus griseus)--10 (an average of 2 
annually);
    (iii) Bottlenose dolphin (Tursiops truncatus)--3,070 (an average of 
614 annually);
    (iv) Atlantic spotted dolphin (Stenella frontalis)--2,355 (an 
average of 471 annually);
    (v) Pantropical spotted dolphin (S. attenuata)--115 (an average of 
23 annually);
    (vi) Striped dolphin (S. coeruleoalba)--25 (an average of 5 
annually);
    (vii) Spinner dolphin (S. longirostris)--115 (an average of 23 
annually);
    (viii) Melon-headed whale (Peponocephala electra)--10 (an average of 
2 annually);
    (ix) Short-finned pilot whale (Globicephala macrorhynchus)--5 (an 
average of 1 annually);
    (x) Clymene dolphin (S. clymene)--25 (an average of 5 annually);
    (2) Level A Harassment:
    (i) Bottlenose dolphin (Tursiops truncatus)--10 (an average of 2 
annually);
    (ii) Atlantic spotted dolphin (Stenella frontalis)--10 (an average 
of 2 annually);
    (iii) Pantropical spotted dolphin (S. attenuata)--5 (an average of 1 
annually);
    (ix) Spinner dolphin (S. longirostris)--5 (an average of 1 
annually).



Sec. 218.182  Prohibitions.

    Notwithstanding takings contemplated in Sec. 218.181 and authorized 
by a Letter of Authorization issued under Sec. 216.106 of this chapter 
and Sec. 218.186, no person in connection with the activities described 
in Sec. 218.180 may:
    (a) Take any marine mammal not specified in Sec. 218.181(b);
    (b) Take any marine mammal specified in Sec. 218.181(b) other than 
by incidental take as specified in Sec. 218.181(b)(1) and (2);
    (c) Take a marine mammal specified in Sec. 218.181(b) if such 
taking results in more than a negligible impact on the species or stocks 
of such marine mammal; or
    (d) Violate, or fail to comply with, the terms, conditions, and 
requirements of these regulations or a Letter of Authorization issued 
under Sec. 216.106 of this chapter and Sec. 218.186.



Sec. 218.183  Mitigation.

    When conducting RDT&E activities identified in Sec. 218.180(c), the 
mitigation measures contained in this subpart and subsequent Letters of 
Authorization issued under Sec. Sec. 216.106 of this chapter and Sec. 
218.186 must be implemented. These mitigation measures include, but are 
not limited to:
    (a) Mitigation Measures for HFAS/MFAS Operations: (1) Personnel 
Training: (i) All marine observers onboard platforms involved in NSWC 
PCD RDT&E activities shall complete Marine Species Awareness Training 
(MSAT).
    (ii) Marine observers shall be trained in the most effective means 
to ensure quick and effective communication within the command structure 
in order to facilitate implementation of mitigation measures if marine 
species are spotted.
    (2) Marine Observer Responsibilities:
    (i) On the bridge of surface vessels, there shall always be at least 
one to three marine species awareness trained observer(s) on watch whose 
duties include observing the water surface around the vessel.
    (A) For vessels with length under 65 ft (20 m), there shall always 
be at least one marine observer on watch.
    (B) For vessels with length between 65-200 ft (20-61 m), there shall 
always be at least two marine observers on watch.
    (C) For vessels with length above 200 ft (61 m), there shall always 
be at least three marine observers on watch.

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    (ii) Each marine observer shall have at their disposal at least one 
set of binoculars available to aid in the detection of marine mammals.
    (iii) On surface vessels equipped with AN/SQQ-53C/56, pedestal 
mounted ``Big Eye'' (20 x 110) binoculars shall be present and in good 
working order to assist in the detection of marine mammals in the 
vicinity of the vessel.
    (iv) Marine observers shall employ visual search procedures 
employing a scanning methodology in accordance with the Lookout Training 
Handbook (NAVEDTRA 12968-D).
    (v) Marine observers shall scan the water from the vessel to the 
horizon and be responsible for ensuring that all contacts in their 
sector follow the below protocols:
    (A) In searching the assigned sector, the marine observer shall 
always start at the forward part of the sector and search aft (toward 
the back).
    (B) To search and scan, the marine observer shall hold the 
binoculars steady so the horizon is in the top third of the field of 
vision and direct the eyes just below the horizon.
    (C) The marine observer shall scan for approximately five seconds in 
as many small steps as possible across the field seen through the 
binoculars.
    (D) The marine observer shall search the entire sector in 
approximately five-degree steps, pausing between steps for approximately 
five seconds to scan the field of view.
    (E) At the end of the sector search, the glasses would be lowered to 
allow the eyes to rest for a few seconds, and then the marine observer 
shall search back across the sector with the naked eye.
    (vi) After sunset and prior to sunrise, marine observers shall 
employ Night Lookout Techniques in accordance with the Lookout Training 
Handbook.
    (vii) At night, marine observers shall scan the horizon in a series 
of movements that would allow their eyes to come to periodic rests as 
they scan the sector. When visually searching at night, marine observers 
shall look a little to one side and out of the corners of their eyes, 
paying attention to the things on the outer edges of their field of 
vision.
    (viii) Marine observers shall be responsible for reporting all 
objects or anomalies sighted in the water (regardless of the distance 
from the vessel) to the Test Director or the Test Director's designee.
    (3) Operating Procedures:
    (i) The Test Director or the Test Director's designee shall maintain 
the logs and records documenting RDT&E activities should they be 
required for event reconstruction purposes. Logs and records will be 
kept for a period of 30 days following completion of a RDT&E mission 
activity.
    (ii) A Record of Environmental Consideration shall be included in 
the Test Plan prior to the test event to further disseminate the 
personnel testing requirement and general marine mammal mitigation 
measures.
    (iii) Test Directors shall make use of marine species detection cues 
and information to limit interaction with marine species to the maximum 
extent possible consistent with safety of the vessel.
    (iv) All personnel engaged in passive acoustic sonar operation 
(including aircraft or surface vessels) shall monitor for marine mammal 
vocalizations and report the detection of any marine mammal to the Test 
Director or the Test Director's designee for dissemination and 
appropriate action.
    (v) During HFAS/MFAS mission activities, personnel shall utilize all 
available sensor and optical systems (such as Night Vision Goggles) to 
aid in the detection of marine mammals.
    (vi) Navy aircraft participating in RDT&E activities at sea shall 
conduct and maintain surveillance for marine species of concern as long 
as it does not violate safety constraints or interfere with the 
accomplishment of primary operational duties.
    (vii) Marine mammal detections shall be immediately reported to the 
Test Director or the Test Director's designee for further dissemination 
to vessels in the vicinity of the marine species as appropriate where it 
is reasonable to conclude that the course of the vessel will likely 
result in a closing of the distance to the detected marine mammal.
    (viii) Safety Zones--When marine mammals are detected by any means

[[Page 245]]

(aircraft, shipboard marine observer, or acoustically) the Navy will 
ensure that HFAS/MFAS transmission levels are limited to at least 6 dB 
below normal operating levels if any detected marine mammals are within 
1,000 yards (914 m) of the sonar source (the bow).
    (A) Vessels shall continue to limit maximum HFAS/MFAS transmission 
levels by this 6-dB factor until the marine mammal has been seen to 
leave the area, has not been detected for 30 minutes, or the vessel has 
transited more than 2,000 yards (1,828 m) beyond the location of the 
last detection.
    (B) The Navy shall ensure that HFAS/MFAS transmissions will be 
limited to at least 10 dB below the equipment's normal operating level 
if any detected animals are within 500 yards (457 m) of the sonar 
source. Vessels will continue to limit maximum ping levels by this 10-dB 
factor until the marine mammal has been seen to leave the area, has not 
been detected for 30 minutes, or the vessel has transited more than 
2,000 yards (1,828 m) beyond the location of the last detection.
    (C) The Navy shall ensure that HFAS/MFAS transmissions are ceased if 
any detected marine mammals are within 200 yards (183 m) of the sonar 
source. HFAS/MFAS will not resume until the marine mammal has been seen 
to leave the area, has not been detected for 30 minutes, or the vessel 
has transited more than 2,000 yards (1,828 m) beyond the location of the 
last detection.
    (D) Special conditions applicable for dolphins only: If, after 
conducting an initial maneuver to avoid close quarters with dolphins, 
the Officer of the Deck concludes that dolphins are deliberately closing 
to ride the vessel's bow wave, no further mitigation actions are 
necessary while the dolphins continue to exhibit bow wave riding 
behavior.
    (E) If the need for power-down should arise as detailed in ``Safety 
Zones'' above, Navy shall follow the requirements as though they were 
operating at 235 dB--the normal operating level (i.e., the first power-
down will be to 229 dB, regardless of at what level above 235 sonar was 
being operated).
    (ix) Prior to start up or restart of active sonar, operators will 
check that the Safety Zone radius around the sound source is clear of 
marine mammals.
    (x) Sonar levels (generally)--Navy shall operate sonar at the lowest 
practicable level, not to exceed 235 dB, except as required to meet 
RDT&E objectives.
    (b) Mitigation Measures for Ordnance and Projectile Firing: (1) No 
detonations over 34 kg (75 lb) shall be conducted in territorial waters, 
except the line charge detonation, which is a 107 m (350 ft).
    (2) The number of live mine detonations shall be minimized and the 
smallest amount of explosive material possible to achieve test 
objectives will be used.
    (3) Activities shall be coordinated through the Environmental Help 
Desk to allow potential concentrations of detonations in a particular 
area over a short time to be identified and avoided.
    (4) Visual surveys and aerial surveys of the clearance zones 
specified in Sec. 218.183(b)(6)(i) through (iii) shall be conducted in 
accordance with Sec. 218.184(c) for all test operations that involve 
detonation events with large net explosive weight (NEW). Any protected 
species sighted will be reported.
    (5) Line charge tests shall not be conducted during the nighttime.
    (6) Additional mitigation measures shall be determined through the 
NSWC PCD's Environmental Review Process based on test activities 
including the size of detonations, test platforms, and environmental 
effects documented in the Navy's EIS/OEIS. Clearance zones must be 
determined based on the upper limit of different ranges of net explosive 
weight (NEW) used in the tests, as listed below:
    (i) NEW between 76-600 lb: clearance zone is 2,863 m (9,393 ft);
    (ii) NEW between 11-75 lb: clearance zone is 997 m (2,865 ft); and
    (iii) NEW less than 11 lb--clearance zone is 345 m (1,132 ft).
    (c) Mitigation Measures for Surface Operations: (1) While underway, 
vessels shall have at least one to three marine species awareness 
trained observers (based on vessel length) with binoculars. As part of 
their regular duties, marine observers shall watch for and

[[Page 246]]

report to the Test Director or Test Director's designee the presence of 
marine mammals.
    (i) For vessels with length under 65 ft (20 m), there shall always 
be at least one marine observer on watch.
    (ii) For vessels with length between 65-200 ft (20-61 m), there 
shall always be at least two marine observers on watch.
    (iii) For vessels with length above 200 ft (61 m), there shall 
always be at least three marine observers on watch.
    (2) Marine observers shall employ visual search procedures employing 
a scanning method in accordance with the Lookout Training Handbook 
(NAVEDTRA 12968-D).
    (3) While in transit, naval vessels shall be alert at all times, use 
extreme caution, and proceed at a ``safe speed'' (the minimum speed at 
which mission goals or safety will not be compromised) so that the 
vessel can take proper and effective action to avoid a collision with 
any marine animal and can be stopped within a distance appropriate to 
the prevailing circumstances and conditions.
    (4) When marine mammals have been sighted in the area, Navy vessels 
shall increase vigilance and shall implement measures to avoid 
collisions with marine mammals and avoid activities that might result in 
close interaction of naval assets and marine mammals. Actions shall 
include changing speed and/or direction and are dictated by 
environmental and other conditions (e.g., safety, weather).
    (5) Naval vessels shall maneuver to keep at least 500 yd (460 m) 
away from any observed whale and avoid approaching whales head-on. This 
requirement does not apply if a vessel's safety is threatened, such as 
when change of course will create an imminent and serious threat to a 
person, vessel, or aircraft, and to the extent vessels are restricted in 
their ability to maneuver. Vessels shall take reasonable steps to alert 
other Navy vessels in the vicinity of the whale.
    (6) Where operationally feasible and safe, vessels shall avoid 
closing to within 200-yd (183 m) of marine mammals other than whales.



Sec. 218.184  Requirements for monitoring and reporting.

    (a) The Holder of the Letter of Authorization issued pursuant to 
Sec. Sec. 216.106 and 218.186 for activities described in Sec. 
218.180(c) is required to cooperate with the NMFS when monitoring the 
impacts of the activity on marine mammals.
    (b) The Holder of the Authorization must notify NMFS immediately (or 
as soon as clearance procedures allow) if the specified activity 
identified in Sec. 218.180(c) is thought to have resulted in the 
mortality or injury of any marine mammals, or in any take of marine 
mammals not identified or authorized in Sec. 218.181(b).
    (c) The Holder of the Letter of Authorization must conduct all 
monitoring and required reporting under the Letter of Authorization, 
including abiding by the NSWC PCD Study Area Complex Monitoring Plan, 
which is incorporated herein by reference, and which requires the Navy 
to implement, at a minimum, the monitoring activities summarized below.
    (1) Visual Surveys--Vessel, Aerial and Shore-based: The Holder of 
this Authorization shall visually survey a minimum of 2 HFAS/MFAS 
activities and 2 explosive events per year. If the 53C sonar was being 
operated, such activity must be monitored as one of the HFAS/MFAS 
activities. For explosive events, one of the monitoring measures shall 
be focused on a multiple detonation event.
    (i) In accordance with all safety considerations, observations shall 
be maximized by working from all available platforms: Vessels, aircraft, 
land and/or in combination.
    (ii) Vessel and aerial surveys shall be conducted two days before, 
during, and one to five days after the NSWC PCD mission activities on 
commercial vessels and aircraft.
    (iii) Visual surveys shall be conducted during Navy mission 
activities that have been identified to provide the highest likelihood 
of success.
    (iv) The visual survey team shall collect the same data that are 
collected by Navy marine observers, including but not limited to:
    (A) Location of sighting;

[[Page 247]]

    (B) Species (or to the lowest taxa possible);
    (C) Number of individuals;
    (D) Number of calves present, if any;
    (E) Duration of sighting;
    (F) Behavior of marine animals sighted;
    (G) Direction of travel;
    (H) Environmental information associated with sighting event 
including Beaufort sea state, wave height, swell direction, wind 
direction, wind speed, glare, percentage of glare, percentage of cloud 
cover; and
    (I) When in relation to Navy exercises did the sighting occur 
(before, during or after detonations/exercise).
    (v) Animal sightings and relative distance from a particular 
activity site shall be used post survey to estimate the number of marine 
mammals exposed to different received levels (energy and pressure of 
discharge based on distance to the source, bathymetry, oceanographic 
conditions and the type and size of detonation) and their corresponding 
behavior.
    (vi) Any digital photographs that are taken of marine mammals during 
visual surveys shall be provided to local researchers for their regional 
research.
    (vii) The Holder of the Letter of Authorization shall, when 
conducting RDT&E activities in the NSWC PCD Study Area, implement the 
following monitoring methods:
    (A) Aerial surveys:
    (1) During NSWC PCD sonar related mission activities, an aerial 
survey team shall fly transects relative to a Navy surface vessel that 
is conducting the mission activities.
    (2) The aerial survey team shall collect both visual sightings and 
behavioral observations of marine animals.
    (3) These transect data shall provide an opportunity to collect data 
of marine mammals at different received levels and their behavioral 
responses and movement relative to the Navy vessel's position.
    (4) Aerial surveys shall include time with and without test events 
in order to compare density, geographical distribution and behavioral 
observations.
    (5) Behavioral observation methods shall involve three 
professionally trained marine mammal observers and a pilot. Two 
observers shall observe behaviors, one with hand-held binoculars and one 
with the naked eye.
    (6) Detailed behavioral focal observations of cetaceans shall be 
recorded including the following variables where possible: species (or 
to the lowest taxa possible), group size and composition (number of 
calves, etc.), latitude/longitude, surface and dive durations and times, 
number and spacing/times of respirations, conspicuous behaviors (e.g., 
breach, tail slap, etc.), behavioral states, orientation and changes in 
orientation, estimated group travel speed, inter-individual distances, 
defecation, social interactions, aircraft speed, aircraft altitude, 
distance to focal group (using the plane's radar) and any unusual 
behaviors or apparent reactions.
    (B) Vessel Surveys:
    (1) Vessel surveys shall be designed to maximize detections of any 
target species near mission activity event for focal follows.
    (2) Systematic transects shall be used to locate marine mammals. In 
the course of conducting these surveys, the vessel(s) shall deviate from 
transect protocol to collect behavioral data particularly if a Navy 
vessel is visible on the horizon or closer.
    (3) While the Navy vessels are within view, attempts shall be made 
to position the dedicated survey vessel in the best possible way to 
obtain focal follow data in the presence of the Navy mission activities. 
If Navy vessels are not in view, then the vessel shall begin a 
systematic line transect surveys within the area to assess marine mammal 
occurrence and observe behavior.
    (4) Post-analysis shall focus on how the location, speed and vector 
of the survey vessel and the location and direction of the sonar source 
(e.g. Navy surface vessel) relates to the animal.
    (5) Any other vessels or aircraft observed in the area shall also be 
documented.
    (C) Shore-based Surveys:
    (1) Shore-based monitors shall observe explosive events that are 
planned in advance to occur adjacent to nearshore areas where there are 
elevated coastal structures (e.g. lookout tower at Eglin Air Force Base) 
or topography, and shall use binoculars or theodolite to augment other 
visual survey methods.

[[Page 248]]

    (2) Shore-based surveys of the detonation area and nearby beaches 
shall be conducted for stranded marine animals following nearshore 
events. If any distressed, injured or stranded animals are observed, an 
assessment of the animal's condition (alive, injured, dead, or degree of 
decomposition) shall be reported immediately to the Navy for appropriate 
action and the information shall be transmitted immediately to NMFS.
    (3) If animals are observed prior to or during an explosion, a focal 
follow of that individual or group shall be conducted to record 
behavioral responses.
    (2) Passive Acoustic Monitoring (PAM): The Holder of this 
Authorization shall visually survey a minimum of 2 HFAS/MFAS activities 
and 2 explosive events per year. If the 53C sonar was being operated, 
such activity must be monitored as one of the HFAS/MFAS activities. For 
explosive events, one of the monitoring measures shall be focused on a 
multiple detonation event.
    (i) The Navy shall use towed or over-the-side passive acoustic 
monitoring device/hydrophone array when feasible in the NSWC PCD Study 
Area for PAM.
    (ii) The array shall be deployed for each of the days the ship is at 
sea.
    (iii) The array shall be able to detect low frequency vocalizations 
(less than 1,000 Hz) for baleen whales and relatively high frequency 
vocalizations (up to 30 kHz) for odontocetes.
    (iv) These buoys shall be left in place for a long enough duration 
(e.g. months) that data are collected before, during and outside of 
mission activities.
    (v) Acoustic data collected from the buoys shall be used in order to 
detect, locate, and potentially track calling whales/dolphins.
    (3) Marine Mammal Observers (MMOs) on Navy vessels:
    (i) Civilian MMOs aboard Navy vessels shall be used to research the 
effectiveness of Navy marine observers, as well as for data collection 
during other monitoring surveys.
    (ii) MMOs shall be field-experienced observers that are Navy 
biologists or contracted observers.
    (iii) MMOs shall be placed alongside existing Navy marine observers 
during a sub-set of RDT&E events.
    (iv) MMOs shall inform the Navy marine observer of any marine mammal 
sighting so that appropriate action may be taken by the chain of 
command. For less biased data, it is recommended that MMOs schedule 
their daily observations to duplicate the marine observers' schedule.
    (v) MMOs shall monitor for marine mammals from the same height above 
water as the Navy marine observers (e.g. bridge wings) and as all visual 
survey teams, and they shall collect the same data collected by Navy 
marine observers, including but not limited to:
    (A) Location of sighting;
    (B) Species;
    (C) Number of individuals;
    (D) Number of calves present, if any;
    (E) Duration of sighting;
    (F) Behavior of marine animals sighted;
    (G) Direction of travel;
    (H) Environmental information associated with sighting event 
including Beaufort sea state, wave height, swell direction, wind 
direction, wind speed, glare, percentage of glare, percentage of cloud 
cover; and
    (I) When in relation to Navy RDT&E activities did the sighting occur 
(before, during or after detonations/exercise).
    (d) General Notification of Injured or Dead Marine Mammals--Navy 
personnel shall ensure that NMFS (regional stranding coordinator) is 
notified immediately (or as soon as clearance procedures allow) if an 
injured or dead marine mammal is found during or shortly after, and in 
the vicinity of, any Navy's RDT&E activities utilizing underwater 
explosive detonations. The Navy shall provide NMFS with species or 
description of the animal(s), the condition of the animal(s) (including 
carcass condition if the animal is dead), location, time of first 
discovery, observed behaviors (if alive), and photo or video (if 
available).
    (e) If there is clear evidence that a marine mammal is injured or 
killed as a result of the proposed Navy RDT&E activities (e.g., 
instances in which it is clear that munitions explosions caused

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the injury or death) the Naval activities shall be immediately suspended 
and the situation immediately reported by personnel involved in the 
activity to the Test Director or the Test Director's designee, who will 
follow Navy procedures for reporting the incident to NMFS through the 
Navy's chain-of-command.
    (f) Annual NSWC PCD Report--The Navy shall submit a report annually 
on October 1 describing the RDT&E activities conducted and 
implementation and results of the NSWC PCD Monitoring Plan (through 
August 1 of the same year) and RDT&E activities. Although additional 
information will also be gathered, the MMOs collecting marine mammal 
data pursuant to the NSWC PCD Monitoring Plan shall, at a minimum, 
provide the same marine mammal observation data listed below.
    (1) RDT&E Information:
    (i) Date and time test began and ended;
    (ii) Location;
    (iii) Number and types of active sources used in the test;
    (iv) Number and types of vessels, aircraft, etc., participated in 
the test;
    (v) Number and types of underwater detonations;
    (vi) Total hours of observation effort (including observation time 
when sonar was not operating).
    (vii) Total hours of all active sonar source operation;
    (viii) Total hours of each active sonar source; and
    (ix) Wave height (high, low, and average during the test) in feet.
    (2) Individual Marine Mammal Sighting Info:
    (i) Location of sighting;
    (ii) Species;
    (iii) Number of individuals;
    (iv) Calves observed (y/n);
    (v) Initial detection sensor;
    (vi) Indication of specific type of platform observation made from;
    (vii) Length of time observers maintained visual contact with marine 
mammal(s);
    (viii) Wave height (in feet);
    (ix) Visibility;
    (x) Sonar source in use (y/n);
    (xi) Indication of whether animal is <200 yd, 200-500 yd, 500-1,000 
yd, 1,000-2,000 yd, or 2,000 yd from sonar source above;
    (xii) Mitigation implementation--Whether operation of sonar sensor 
was delayed, or sonar was powered or shut down, and how long the delay 
was;
    (xiii) If the active MFAS in use is hullmounted, true bearing of 
animal from ship, true direction of ship's travel, and estimation of 
animal's motion relative to ship (opening, closing, parallel);
    (xiv) Observed behavior--Marine observers shall report, in plain 
language and without trying to categorize in any way, the observed 
behavior of the animals (such as animal closing to bow ride, paralleling 
course/speed, floating on surface and not swimming, etc.); and
    (xv) An evaluation of the effectiveness of mitigation measures 
designed to avoid exposing marine mammals to HFAS/MFAS. This evaluation 
shall identify the specific observations that support any conclusions 
the Navy reaches about the effectiveness of the mitigation.
    (g) NSWC PCD Comprehensive Report--The Navy shall submit to NMFS a 
draft report that analyzes and summarizes all of the multi-year marine 
mammal information gathered during sonar operations and underwater 
explosive events for which individual reports are required in Sec. 
218.184 (d-f). This report will be submitted at the end of the fourth 
year of the rule (December 2013), covering activities that have occurred 
through July 1, 2013.
    (h) The Navy shall respond to NMFS comments and requests for 
additional information or clarification on the NSWC PCD Comprehensive 
Report and the Annual NSWC PCD Report if submitted within 3 months of 
receipt. The report will be considered final after the Navy has 
addressed NMFS' comments or provided the requested information, or three 
months after the submittal of the draft if NMFS does not comment by 
then.
    (i) In 2011, the Navy shall convene a Monitoring Workshop in which 
the Monitoring Workshop participants will be asked to review the Navy's 
Monitoring Plans and monitoring results and make individual 
recommendations

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(to the Navy and NMFS) of ways of improving the Monitoring Plans. The 
recommendations shall be reviewed by the Navy, in consultation with 
NMFS, and modifications to the Monitoring Plan shall be made, as 
appropriate.



Sec. 218.185  Applications for Letters of Authorization.

    To incidentally take marine mammals pursuant to these regulations, 
the U.S. citizen (as defined by Sec. 216.103 of this chapter) 
conducting the activity identified in Sec. 218.180(c) (the U.S. Navy) 
must apply for and obtain either an initial Letter of Authorization in 
accordance with Sec. 218.186 or a renewal under Sec. 218.187.



Sec. 218.186  Letters of Authorization.

    (a) A Letter of Authorization, unless suspended or revoked, will be 
valid for a period of time not to exceed the period of validity of this 
subpart, but must be renewed annually subject to annual renewal 
conditions in Sec. 218.187.
    (b) Each Letter of Authorization will set forth:
    (1) Permissible methods of incidental taking;
    (2) Means of effecting the least practicable adverse impact on the 
species, its habitat, and on the availability of the species for 
subsistence uses (i.e., mitigation); and
    (3) Requirements for mitigation, monitoring and reporting.
    (c) Issuance and renewal of the Letter of Authorization will be 
based on a determination that the total number of marine mammals taken 
by the activity as a whole will have no more than a negligible impact on 
the affected species or stock of marine mammal(s).



Sec. 218.187  Renewal of Letters of Authorization and adaptive management.

    (a) A Letter of Authorization issued under Sec. 216.106 of this 
chapter and Sec. 218.186 for the activity identified in Sec. 
218.180(c) will be renewed annually upon:
    (1) Notification to NMFS that the activity described in the 
application submitted under Sec. 218.185 shall be undertaken and that 
there will not be a substantial modification to the described work, 
mitigation or monitoring undertaken during the upcoming 12 months;
    (2) Timely receipt of the monitoring reports required under Sec. 
218.184(b); and
    (3) A determination by the NMFS that the mitigation, monitoring and 
reporting measures required under Sec. 218.183 and the Letter of 
Authorization issued under Sec. Sec. 216.106 of this chapter and 
218.186, were undertaken and will be undertaken during the upcoming 
annual period of validity of a renewed Letter of Authorization.
    (b) If a request for a renewal of a Letter of Authorization issued 
under Sec. Sec. 216.106 of this chapter and 218.187 indicates that a 
substantial modification to the described work, mitigation or monitoring 
undertaken during the upcoming season will occur, the NMFS will provide 
the public a period of 30 days for review and comment on the request. 
Review and comment on renewals of Letters of Authorization are 
restricted to:
    (1) New cited information and data indicating that the 
determinations made in this document are in need of reconsideration, and
    (2) Proposed changes to the mitigation and monitoring requirements 
contained in these regulations or in the current Letter of 
Authorization.
    (c) A notice of issuance or denial of a renewal of a Letter of 
Authorization will be published in the Federal Register.
    (d) NMFS, in response to new information and in consultation with 
the Navy, may modify the mitigation or monitoring measures in subsequent 
LOAs if doing so creates a reasonable likelihood of more effectively 
accomplishing the goals of mitigation and monitoring set forth in the 
preamble of these regulations. Below are some of the possible sources of 
new data that could contribute to the decision to modify the mitigation 
or monitoring measures:
    (1) Results from the Navy's monitoring from the previous year 
(either from NSWC PCD Study Area or other locations).
    (2) Findings of the Monitoring Workshop that the Navy will convene 
in 2011 (Sec. 218.184(i)).
    (3) Compiled results of Navy-funded research and development (R&D) 
studies.

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    (4) Results from specific stranding investigations (either from the 
NSWC PCD Study Area or other locations).
    (5) Results from general marine mammal and sound research (funded by 
the Navy (described below) or otherwise).
    (6) Any information which reveals that marine mammals may have been 
taken in a manner, extent or number not authorized by these regulations 
or subsequent Letters of Authorization.



Sec. 218.188  Modifications to Letters of Authorization.

    (a) Except as provided in paragraph (b) of this section, no 
substantive modification (including withdrawal or suspension) to the 
Letter of Authorization by NMFS, issued pursuant to Sec. 216.106 of 
this chapter and Sec. 218.186 and subject to the provisions of this 
subpart shall be made until after notification and an opportunity for 
public comment has been provided. For purposes of this paragraph, a 
renewal of a Letter of Authorization under Sec. 218.187, without 
modification (except for the period of validity), is not considered a 
substantive modification.
    (b) If the Assistant Administrator determines that an emergency 
exists that poses a significant risk to the well-being of the species or 
stocks of marine mammals specified in Sec. 218.181(b), a Letter of 
Authorization issued pursuant to Sec. 216.106 of this chapter and Sec. 
218.186 may be substantively modified without prior notification and an 
opportunity for public comment. Notification will be published in the 
Federal Register within 30 days subsequent to the action.

                        PARTS 219	220 [RESERVED]



PART 221_PRESCRIPTIONS IN FERC HYDROPOWER LICENSES--Table of Contents



                      Subpart A_General Provisions

Sec.
221.1 What is the purpose of this part, and to what license proceedings 
          does it apply?
221.2 What terms are used in this part?
221.3 How are time periods computed?
221.4 What deadlines apply to pending applications?

                        Subpart B_Hearing Process

                             Representatives

221.10 Who may represent a party, and what requirements apply to a 
          representative?

                       Document Filing and Service

221.11 What are the form and content requirements for documents under 
          this subpart?
221.12 Where and how must documents be filed?
221.13 What are the requirements for service of documents?

                      Initiation of Hearing Process

221.20 What supporting information must NMFS provide with its 
          preliminary prescriptions?
221.21 How do I request a hearing?
221.22 How do I file a notice of intervention and response?
221.23 When will hearing requests be consolidated?
221.24 How will NMFS respond to any hearing requests?
221.25 What will NMFS do with any hearing requests?
221.26 What regulations apply to a case referred for a hearing?

                 General Provisions Related to Hearings

221.30 What will the Department of Commerce's designated ALJ office do 
          with a case referral?
221.31 What are the powers of the ALJ?
221.32 What happens if the ALJ becomes unavailable?
221.33 Under what circumstances may the ALJ be disqualified?
221.34 What is the law governing ex parte communications?
221.35 What are the requirements for motions?

                  Prehearing Conferences and Discovery

221.40 What are the requirements for prehearing conferences?
221.41 How may parties obtain discovery of information needed for the 
          case?
221.42 When must a party supplement or amend information it has 
          previously provided?
221.43 What are the requirements for written interrogatories?
221.44 What are the requirements for depositions?
221.45 What are the requirements for requests for documents or tangible 
          things or entry on land?
221.46 What sanctions may the ALJ impose for failure to comply with 
          discovery?
221.47 What are the requirements for subpoenas and witness fees?

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                     Hearing, Briefing, and Decision

221.50 When and where will the hearing be held?
221.51 What are the parties' rights during the hearing?
221.52 What are the requirements for presenting testimony?
221.53 How may a party use a deposition in the hearing?
221.54 What are the requirements for exhibits, official notice, and 
          stipulations?
221.55 What evidence is admissible at the hearing?
221.56 What are the requirements for transcription of the hearing?
221.57 What is the standard of proof?
221.58 When will the hearing record close?
221.59 What are the requirements for post-hearing briefs?
221.60 What are the requirements for the ALJ's decision?

                     Subpart C_Alternatives Process

221.70 How must documents be filed and served under this subpart?
221.71 How do I propose an alternative?
221.72 What will NMFS do with a proposed alternative?
221.73 How will NMFS analyze a proposed alternative and formulate its 
          modified prescription?
221.74 Has OMB approved the information collection provisions of this 
          subpart?

    Authority: 16 U.S.C. 797(e), 811, 823d.

    Source: 70 FR 69840, Nov. 17, 2005, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 221.1  What is the purpose of this part, and to what license 
proceedings does it apply?

    (a) Hearing process. (1) The regulations in subparts A and B of this 
part contain rules of practice and procedure applicable to hearings on 
disputed issues of material fact with respect to mandatory prescriptions 
that the Department of Commerce, acting through the National Oceanic and 
Atmospheric Administration's National Marine Fisheries Service (NMFS) 
may develop for inclusion in a hydropower license issued by the Federal 
Energy Regulatory Commission (FERC) under subchapter I of the Federal 
Power Act (FPA), 16 U.S.C. 791 et seq. The authority to develop these 
prescriptions is granted by FPA section 18, 16 U.S.C. 811, which 
authorizes the Secretary of Commerce to prescribe fishways.
    (2) The hearing process under this part does not apply to 
recommendations that the Department of Commerce may submit to FERC under 
FPA section 10(a) or (j), 16 U.S.C. 803(a), (j).
    (3) The FPA also grants the Department of Agriculture and Interior 
the authority to develop mandatory conditions, and the Department of the 
Interior the authority to develop mandatory prescriptions, for inclusion 
in a hydropower license. Where the Department of Commerce and either or 
both of these other Departments develop conditions or prescriptions to 
be included in the same hydropower license and where the Departments 
agree to consolidate the hearings under Sec. 221.23:
    (i) A hearing conducted under this part will also address disputed 
issues of material fact with respect to any condition or prescription 
developed by one of the other Departments; or
    (ii) A hearing requested under this part will be conducted by one of 
the other Departments, pursuant to 7 CFR 1.601 et seq. or 43 CFR 45.1 et 
seq., as applicable.
    (4) The regulations in subparts A and B of this part will be 
construed and applied to each hearing process to achieve a just and 
speedy determination, consistent with adequate consideration of the 
issues involved and the provisions of Sec. 221.60(a).
    (b) Alternatives process. The regulations in subparts A and C of 
this part contain rules of procedure applicable to the submission and 
consideration of alternative prescriptions under FPA section 33, 16 
U.S.C. 823d. That section allows any party to the license proceeding to 
propose an alternative to a fishway prescribed by NMFS under section 18.
    (c) Reservation of authority. Where NMFS notifies FERC that it is 
reserving its authority to develop one or more prescriptions during the 
term of the license, the hearing and alternatives processes under this 
part for such prescriptions will be available if and when NMFS exercises 
its reserved authority. NMFS will consult with FERC and notify the 
license parties regarding how to initiate the hearing process and 
alternatives process at that time.

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    (d) Applicability. (1) This part applies to any hydropower license 
proceeding for which the license has not been issued as of November 17, 
2005 and for which one or more preliminary prescriptions or 
prescriptions have been or are filed with FERC.
    (2) If NMFS has already filed one or more preliminary prescriptions 
or prescriptions as of November 17, 2005, the special applicability 
provisions of Sec. 221.4 also apply.



Sec. 221.2  What terms are used in this part?

    As used in this part:
    ALJ means an administrative law judge appointed under 5 U.S.C. 3105 
and assigned to preside over the hearing process under subpart B of this 
part.
    Alternative means a prescription that a license party other than 
NMFS or another Department develops as an alternative to a preliminary 
prescription from NMFS or another Department, under FPA sec. 33, 16 
U.S.C. 823d.
    Condition means a condition under FPA sec. 4(e), 16 U.S.C. 797(e), 
for the adequate protection and utilization of a reservation.
    Day means a calendar day.
    Department means the Department of Agriculture, Department of 
Commerce, or Department of the Interior.
    Department of Commerce's designated ALJ office means the ALJ office 
that is assigned to preside over the hearings process for NMFS.
    Discovery means a prehearing process for obtaining facts or 
information to assist a party in preparing or presenting its case.
    Ex parte communication means an oral or written communication to the 
ALJ that is made without providing all parties reasonable notice and an 
opportunity to participate.
    FERC means the Federal Energy Regulatory Commission.
    FPA means the Federal Power Act, 16 U.S.C. 791 et seq.
    Intervention means a process by which a person who did not request a 
hearing under Sec. 221.21 can participate as a party to the hearing 
under Sec. 221.22.
    License party means a party to the license proceeding, as that term 
is defined at 18 CFR 385.102(c).
    License proceeding means a proceeding before FERC for issuance of a 
license for a hydroelectric facility under 18 CFR parts 4 or 5.
    Material fact means a fact that, if proved, may affect a 
Department's decision whether to affirm, modify, or withdraw any 
condition or prescription.
    NEPA document means an environmental assessment or environmental 
impact statement issued to comply with the requirements of the National 
Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.
    NMFS means the National Marine Fisheries Service, a constituent 
agency of the Department of Commerce, acting by and through the 
Assistant Administrator for Fisheries or one of NMFS's six Regional 
Administrators, as appropriate.
    Office of Habitat Conservation means the NMFS Office of Habitat 
Conservation. Address: Chief, Habitat Protection Division, Office of 
Habitat Conservation, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. Telephone 301-713-4300. Facsimile 
number 301-713-4305.
    Party means, with respect to NMFS's hearing process under subpart B 
of this part:
    (1) A license party that has filed a timely request for a hearing 
under:
    (i) Section 221.21; or
    (ii) Either 7 CFR 1.621 or 43 CFR 45.21, with respect to a hearing 
process consolidated under Sec. 221.23;
    (2) A license party that has filed a timely notice of intervention 
and response under:
    (i) Section 221.22; or
    (ii) Either 7 CFR 1.622 or 43 CFR 45.22, with respect to a hearing 
process consolidated under Sec. 221.23;
    (3) NMFS, if it has filed a preliminary prescription; and
    (4) Any other Department that has filed a preliminary condition or 
prescription, with respect to a hearing process consolidated under Sec. 
221.23.
    Person means an individual; a partnership, corporation, association, 
or other legal entity; an unincorporated organization; and any federal, 
state, tribal, county, district, territorial, or local government or 
agency.

[[Page 254]]

    Preliminary condition or prescription means a preliminary condition 
or prescription filed by a Department with FERC under 18 CFR 4.34(b), 
4.34(i), or 5.22(a) for potential inclusion in a hydropower license.
    Prescription means a fishway prescribed under FPA sec. 18, 16 U.S.C. 
811, to provide for the safe, timely, and effective passage of fish.
    Representative means a person who:
    (1) Is authorized by a party to represent the party in a hearing 
process under this subpart; and
    (2) Has filed an appearance under Sec. 221.10.
    Secretary means the Secretary of Commerce or his or her designee.
    Senior Department employee has the same meaning as the term ``senior 
employee'' in 5 CFR 2637.211(a).
    You refers to a party other than a Department.



Sec. 221.3  How are time periods computed?

    (a) General. Time periods are computed as follows:
    (1) The day of the act or event from which the period begins to run 
is not included.
    (2) The last day of the period is included.
    (i) If that day is a Saturday, Sunday, or federal holiday, the 
period is extended to the next business day.
    (ii) The last day of the period ends at 5 p.m. at the place where 
the filing or other action is due.
    (3) If the period is less than 7 days, any Saturday, Sunday, or 
federal holiday that falls within the period is not included.
    (b) Extensions of time. (1) No extension of time can be granted to 
file a request for a hearing under Sec. 221.21, a notice of 
intervention and response under Sec. 221.22, an answer under Sec. 
221.24, or any document under subpart C of this part.
    (2) An extension of time to file any other document under subpart B 
of this part may be granted only upon a showing of good cause.
    (i) To request an extension of time, a party must file a motion 
under Sec. 221.35 stating how much additional time is needed and the 
reasons for the request.
    (ii) The party must file the motion before the applicable time 
period expires, unless the party demonstrates extraordinary 
circumstances that justify a delay in filing.
    (iii) The ALJ may grant the extension only if:
    (A) It would not unduly prejudice other parties; and
    (B) It would not delay the decision under Sec. 221.60.



Sec. 221.4  What deadlines apply to pending applications?

    (a) Applicability. (1) This section applies to any case in which 
NMFS has filed a preliminary prescription or prescription with FERC 
before November 17, 2005 and FERC has not issued a license as of that 
date.
    (2) The deadlines in this section will apply in such a case, in lieu 
of any inconsistent deadline in other sections of this part.
    (b) Hearing process. (1) Any request for a hearing under Sec. 
221.21 must be filed with the Office of Habitat Conservation by December 
19, 2005.
    (2) Any notice of intervention and response under Sec. 221.22 must 
be filed by January 3, 2006.
    (3) Upon receipt of a hearing request under paragraph (b)(1) of this 
section, NMFS must do the following by March 17, 2006:
    (i) Comply with the requirements of Sec. 221.23;
    (ii) Determine jointly with any other Department that has received a 
hearing request, after consultation with FERC, a time frame for the 
hearing process and a corresponding deadline for NMFS to file an answer 
under Sec. 221.24; and
    (iii) Issue a notice to each party specifying the time frame for the 
hearing process, including the deadline for NMFS to file an answer.
    (c) Alternatives process. (1) Any alternative under Sec. 221.71 
must be filed with the Office of Habitat Conservation by December 19, 
2005.
    (2) Upon receipt of an alternative under paragraph (c)(1) of this 
section, if no hearing request is filed under paragraph (b)(1) of this 
section, NMFS must do the following by February 15, 2006:
    (i) Determine jointly with any other Department that has received a 
related alternative, after consultation with FERC, a time frame for the 
filing of a

[[Page 255]]

modified prescription under Sec. 221.72(b); and
    (ii) Issue a notice to the license party that has submitted the 
alternative, specifying the time frame for the filing of a modified 
prescription.
    (3) Upon receipt of an alternative under paragraph (c)(1) of this 
section, if a hearing request is also filed under paragraph (b)(1) of 
this section, NMFS will follow the provisions of paragraph (b)(3) of 
this section.



                        Subpart B_Hearing Process

                             Representatives



Sec. 221.10  Who may represent a party, and what requirements apply 
to a representative?

    (a) Individuals. A party who is an individual may either represent 
himself or herself in the hearing process under this subpart or 
authorize an attorney to represent him or her.
    (b) Organizations. A party that is an organization or other entity 
may authorize one of the following to represent it:
    (1) An attorney;
    (2) A partner, if the entity is a partnership;
    (3) An officer or full-time employee, if the entity is a 
corporation, association, or unincorporated organization;
    (4) A receiver, administrator, executor, or similar fiduciary, if 
the entity is a receivership, trust, or estate; or
    (5) An elected or appointed official or an employee, if the entity 
is a federal, state, tribal, county, district, territorial, or local 
government or component.
    (c) Appearance. A representative must file a notice of appearance. 
The notice must:
    (1) Meet the form and content requirements for documents under Sec. 
221.11;
    (2) Include the name and address of the person on whose behalf the 
appearance is made;
    (3) If the representative is an attorney, include a statement that 
he or she is a member in good standing of the bar of the highest court 
of a state, the District of Columbia, or any territory or commonwealth 
of the United States (identifying which one); and
    (4) If the representative is not an attorney, include a statement 
explaining his or her authority to represent the entity.
    (d) Disqualification. The ALJ may disqualify any representative for 
misconduct or other good cause.

                       Document Filing and Service



Sec. 221.11  What are the form and content requirements for documents
under this subpart?

    (a) Form. Each document filed in a case under this subpart must:
    (1) Measure 8\1/2\ by 11 inches, except that a table, chart, 
diagram, or other attachment may be larger if folded to 8\1/2\ by 11 
inches and attached to the document;
    (2) Be printed on just one side of the page;
    (3) Be clearly typewritten, printed, or otherwise reproduced by a 
process that yields legible and permanent copies;
    (4) Use 10 point font size or larger;
    (5) Be double-spaced except for footnotes and long quotations, which 
may be single-spaced;
    (6) Have margins of at least 1 inch; and
    (7) Be bound on the left side, if bound.
    (b) Caption. Each document filed under this subpart must begin with 
a caption that sets forth:
    (1) The name of the case under this subpart and the docket number, 
if one has been assigned;
    (2) The name and docket number of the license proceeding to which 
the case under this subpart relates; and
    (3) A descriptive title for the document, indicating the party for 
whom it is filed and the nature of the document.
    (c) Signature. The original of each document filed under this 
subpart must be signed by the representative of the person for whom the 
document is filed. The signature constitutes a certification by the 
representative that he or she has read the document; that to the best of 
his or her knowledge, information, and belief, the statements made in 
the document are true; and that the document is not being filed for the 
purpose of causing delay.
    (d) Contact information. Below the representative's signature, the 
document must provide the representative's

[[Page 256]]

name, mailing address, street address (if different), telephone number, 
facsimile number (if any), and electronic mail address (if any).



Sec. 221.12  Where and how must documents be filed?

    (a) Place of filing. Any documents relating to a case under this 
subpart must be filed with the appropriate office, as follows:
    (1) Before NMFS refers a case for docketing under Sec. 221.25, any 
documents must be filed with the Office of Habitat Conservation. The 
Office of Habitat Conservation's address, telephone number, and 
facsimile number are set forth in Sec. 221.2.
    (2) NMFS will notify the parties of the date on which it refers a 
case for docketing under Sec. 221.25. After that date, any documents 
must be filed with:
    (i) The Department of Commerce's designated ALJ office. The name, 
address, telephone number, and facsimile number of the Department of 
Commerce's designated ALJ office will be provided in the referral notice 
from NMFS; or
    (ii) The hearings component of or used by another Department, if 
that Department will be conducting the hearing under Sec. 221.25. The 
name, address, telephone number, and facsimile number of the appropriate 
hearings component will be provided in the referral notice from NMFS.
    (b) Method of filing. (1) A document must be filed with the 
appropriate office under paragraph (a) of this section using one of the 
following methods:
    (i) By hand delivery of the original document;
    (ii) By sending the original document by express mail or courier 
service for delivery on the next business day; or
    (iii) By sending the document by facsimile if:
    (A) The document is 20 pages or less, including all attachments;
    (B) The sending facsimile machine confirms that the transmission was 
successful; and
    (C) The original of the document is sent by regular mail on the same 
day.
    (2) Parties are encouraged, but not required to supplement any 
original document by providing the appropriate office with an electronic 
copy of the document on compact disc.
    (c) Date of filing. A document under this subpart is considered 
filed on the date it is received. However, any document received after 5 
p.m. at the place where the filing is due is considered filed on the 
next regular business day.
    (d) Nonconforming documents. If any document submitted for filing 
under this subpart does not comply with the requirements of this subpart 
or any applicable order, it may be rejected. If the defect is minor, the 
party may be notified of the defect and given a chance to correct it.



Sec. 221.13  What are the requirements for service of documents?

    (a) Filed documents. Any document related to a case under this 
subpart must be served at the same time the document is delivered or 
sent for filing. Copies must be served as follows:
    (1) A complete copy of any request for a hearing under Sec. 221.21 
must be served on FERC and each license party, using one of the methods 
of service in paragraph (c) of this section.
    (2) A complete copy of any notice of intervention and response under 
Sec. 221.22 must be:
    (i) Served on FERC, the license applicant, any person who has filed 
a request for hearing under Sec. 221.21, and NMFS, using one of the 
methods of service in paragraph (c) of this section; and
    (ii) Sent to any other license party using regular mail.
    (3) A complete copy of any other filed document must be served on 
each party, using one of the methods of service in paragraph (c) of this 
section.
    (b) Documents issued by the ALJ. A complete copy of any notice, 
order, decision, or other document issued by the ALJ under this subpart 
must be served on each party, using one of the methods of service in 
paragraph (c) of this section.
    (c) Method of service. Service must be accomplished by one of the 
following methods:
    (1) By hand delivery of the document;
    (2) By sending the document by express mail or courier service for 
delivery on the next business day;

[[Page 257]]

    (3) By sending the document by facsimile if:
    (i) The document is 20 pages or less, including all attachments;
    (ii) The sending facsimile machine confirms that the transmission 
was successful; and
    (iii) The document is sent by regular mail on the same day; or
    (4) By sending the document, including all attachments, by 
electronic mail if:
    (i) A copy of the document is sent by regular mail on the same day; 
and
    (ii) The party acknowledges receipt of the document by close of the 
next business day.
    (d) Acknowledgment of service. Any party who receives a document 
under this subpart by electronic mail must promptly send a reply 
electronic mail message acknowledging receipt.
    (e) Certificate of service. A certificate of service must be 
attached to each document filed under this subpart. The certificate must 
be signed by the party's representative and include the following 
information:
    (1) The name, address, and other contact information of each party's 
representative on whom the document was served;
    (2) The means of service, including information indicating 
compliance with paragraph (c)(3) or (c)(4) of this section, if 
applicable; and
    (3) The date of service.

                      Initiation of Hearing Process



Sec. 221.20  What supporting information must NMFS provide with its
preliminary prescriptions?

    (a) Supporting information. (1) When NMFS files a preliminary 
prescription with FERC, it must include a rationale for the prescription 
and an index to NMFS's administrative record that identifies all 
documents relied upon.
    (2) If any of the documents relied upon are not already in the 
license proceeding record, NMFS must:
    (i) File them with FERC at the time it files the preliminary 
prescription; and
    (ii) Provide copies to the license applicant.
    (b) Service. NMFS will serve a copy of its preliminary prescription 
on each license party.



Sec. 221.21  How do I request a hearing?

    (a) General. To request a hearing on disputed issues of material 
fact with respect to any prescription filed by NMFS, you must:
    (1) Be a license party; and
    (2) File with the Office of Habitat Conservation a written request 
for a hearing within 30 days after the deadline for the Departments to 
file preliminary prescriptions with FERC.
    (b) Content. Your hearing request must contain:
    (1) A numbered list of the factual issues that you allege are in 
dispute, each stated in a single, concise sentence; and
    (2) The following information with respect to each issue:
    (i) The specific factual statements made or relied upon by [the 
bureau] under Sec. 221.20(a) that you dispute;
    (ii) The basis for your opinion that those factual statements are 
unfounded or erroneous;
    (iii) The basis for your opinion that any factual dispute is 
material; and
    (iv) With respect to any scientific studies, literature, and other 
documented information supporting your opinions under paragraphs 
(b)(2)(ii) and (b)(2)(iii) of this section, specific citations to the 
information relied upon. If any such document is not already in the 
license proceeding record, you must provide a copy with the request.
    (c) Witnesses and exhibits. Your hearing request must also list the 
witnesses and exhibits that you intend to present at the hearing, other 
than solely for impeachment purposes.
    (1) For each witness listed, you must provide:
    (i) His or her name, address, telephone number, and qualifications; 
and
    (ii) A brief narrative summary of his or her expected testimony.
    (2) For each exhibit listed, you must specify whether it is in the 
license proceeding record.
    (d) Page limits. (1) For each disputed factual issue, the 
information provided under paragraph (b)(2) of this section may not 
exceed two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.

[[Page 258]]



Sec. 221.22  How do I file a notice of intervention and response?

    (a) General. (1) To intervene as a party to the hearing process, you 
must:
    (i) Be a license party; and
    (ii) File with the Office of Habitat Conservation a notice of 
intervention and a written response to any request for a hearing within 
15 days after the date of service of the request for a hearing.
    (2) A license party filing a notice of intervention and response may 
not raise issues of material fact beyond those raised in the hearing 
request.
    (b) Content. In your notice of intervention and response you must 
explain your position with respect to the issues of material fact raised 
in the hearing request under Sec. 221.21(b).
    (1) If you agree with the information provided by NMFS under Sec. 
221.20(a) or by the requester under Sec. 221.21(b), your response may 
refer to NMFS's explanation or the requester's hearing request for 
support.
    (2) If you wish to rely on additional information or analysis, your 
response must provide the same level of detail with respect to the 
additional information or analysis as required under Sec. 221.21(b).
    (c) Witnesses and exhibits. Your response and notice must also list 
the witnesses and exhibits that you intend to present at the hearing, 
other than solely for impeachment purposes.
    (1) For each witness listed, you must provide:
    (i) His or her name, address, telephone number, and qualifications; 
and
    (ii) A brief narrative summary of his or her expected testimony; and
    (2) For each exhibit listed, you must specify whether it is in the 
license proceeding record.
    (d) Page limits. (1) For each disputed factual issue, the 
information provided under paragraph (b) of this section may not exceed 
two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.



Sec. 221.23  When will hearing requests be consolidated?

    (a) Initial Department coordination. If NMFS has received a copy of 
a hearing request, it must contact the other Departments within 10 days 
after the deadline for filing hearing requests under Sec. 221.21 and 
determine:
    (1) Whether any of the other Departments has also filed a 
preliminary condition or prescription relating to the license with FERC; 
and
    (2) If so, whether the other Departments have also received a 
hearing request with respect to the preliminary condition or 
prescription.
    (b) Decision on consolidation. Within 25 days after the deadline for 
filing hearing requests under Sec. 221.21, if NMFS has received a 
hearing request, NMFS must:
    (1) Consult with any other Department that has also received a 
hearing request; and
    (2) Decide jointly with the other Department:
    (i) Whether to consolidate the cases for hearing under paragraphs 
(c)(3)(ii) through (c)(3)(iv) of this section; and
    (ii) If so, which Department will conduct the hearing on their 
behalf.
    (c) Criteria. Cases will or may be consolidated as follows:
    (1) All hearing requests with respect to any prescriptions from NMFS 
will be consolidated for hearing.
    (2) Any or all of the following may be consolidated for hearing if 
NMFS determines that there are common issues of material fact or that 
consolidation is otherwise appropriate:
    (i) Two or more hearing requests with respect to prescriptions from 
NMFS and the Department of the Interior; or
    (ii) Two or more hearing requests with respect to any condition from 
another Department and any prescription from NMFS.



Sec. 221.24  How will NMFS respond to any hearing requests?

    (a) General. NMFS will determine whether to file an answer to any 
hearing request under Sec. 221.21.
    (b) Content. If NMFS files an answer:
    (1) For each of the numbered factual issues listed under Sec. 
221.21(b)(1), the answer must explain NMFS's position with respect to 
the issues of material fact raised by the requester, including one or 
more of the following statements as appropriate:

[[Page 259]]

    (i) That NMFS is willing to stipulate to the facts as alleged by the 
requester;
    (ii) That NMFS believes the issue listed by the requester is not a 
factual issue, explaining the basis for such belief;
    (iii) That NMFS believes the issue listed by the requester is not 
material, explaining the basis for such belief; or
    (iv) That NMFS agrees that the issue is factual, material, and in 
dispute.
    (2) The answer must also indicate whether the hearing request will 
be consolidated with one or more other hearing requests under Sec. 
221.23 and, if so:
    (i) Identify any other hearing request that will be consolidated 
with this hearing request; and
    (ii) State which Department will conduct the hearing and provide 
contact information for the appropriate Department hearings component.
    (c) Witnesses and exhibits. NMFS's answer must also list the 
witnesses and exhibits that it intends to present at the hearing, other 
than solely for impeachment purposes.
    (1) For each witness listed, NMFS must provide:
    (i) His or her name, address, telephone number, and qualifications; 
and
    (ii) A brief narrative summary of his or her expected testimony.
    (2) For each exhibit listed, NMFS must specify whether it is in the 
license proceeding record.
    (d) Page limits. (1) For each disputed factual issue, the 
information provided under paragraph (b)(1) of this section may not 
exceed two pages.
    (2) For each witness, the information provided under paragraph 
(c)(1) of this section may not exceed one page.
    (e) Notice in lieu of answer. If NMFS elects not to file an answer 
to a hearing request:
    (1) NMFS is deemed to agree that the issues listed by the requester 
are factual, material, and in dispute;
    (2) NMFS may file a list of witnesses and exhibits with respect to 
the request only as provided in Sec. 221.42(b); and
    (3) NMFS must file a notice containing the information required by 
paragraph (b)(2) of this section, if the hearing request will be 
consolidated with one or more other hearing requests under Sec. 221.23.



Sec. 221.25  What will NMFS do with any hearing requests?

    (a) Case referral. Within 50 days after the deadline in Sec. 
221.21(a), NMFS will refer the case for a hearing as follows:
    (1) If the hearing is to be conducted by NMFS, NMFS will refer the 
case to the Department of Commerce's designated ALJ office.
    (2) If the hearing is to be conducted by another Department, NMFS 
will refer the case to the hearings component used by that Department.
    (b) Content. The case referral will consist of the following:
    (1) A copy of any preliminary prescription under Sec. 221.20;
    (2) The original of any hearing request under Sec. 221.21;
    (3) The original of any notice of intervention and response under 
Sec. 221.22;
    (4) The original of any answer under Sec. 221.24; and
    (5) An original referral notice under paragraph (c) of this section.
    (c) Notice. At the time NMFS refers the case for a hearing, it must 
provide a referral notice that contains the following information:
    (1) The name, address, telephone number, and facsimile number of the 
Department hearings component that will conduct the hearing;
    (2) The name, address, and other contact information for the 
representative of each party to the hearing process;
    (3) An identification of any other hearing request that will be 
consolidated with this hearing request; and
    (4) The date on which NMFS is referring the case for docketing.
    (d) Delivery and service. (1) NMFS must refer the case to the 
appropriate Department hearings component by one of the methods 
identified in Sec. 221.12(b)(1)(i) through (b)(1)(ii).
    (2) NMFS must serve a copy of the referral notice on FERC and each 
party to the hearing by one of the methods identified in Sec. 
221.13(c)(1) and (c)(2).



Sec. 221.26  What regulations apply to a case referred for a hearing?

    (a) If NMFS refers the case to the Department of Commerce's 
designated ALJ office, the regulations in this subpart will continue to 
apply to the hearing process.

[[Page 260]]

    (b) If NMFS refers the case to the United States Department of 
Agriculture's Office of Administrative Law Judges, the regulations at 7 
CFR 1.601 et seq. will apply from that point on.
    (c) If NMFS refers the case to the Department of the Interior's 
Office of Hearings and Appeals, the regulations at 43 CFR 45.1 et seq. 
will apply from that point on.

                 General Provisions Related to Hearings



Sec. 221.30  What will the Department of Commerce's designated ALJ 
office do with a case referral?

    Within 5 days after issuance of the referral notice under Sec. 
221.25(c), 7 CFR 1.625(c), or 43 CFR 45.25(c):
    (a) The Department of Commerce's designated ALJ office must:
    (1) Docket the case;
    (2) Assign an ALJ to preside over the hearing process and issue a 
decision; and
    (3) Issue a docketing notice that informs the parties of the docket 
number and the ALJ assigned to the case; and
    (b) The ALJ must issue a notice setting the time, place, and method 
for conducting an initial prehearing conference under Sec. 221.40. This 
notice may be combined with the docketing notice under paragraph (a)(3) 
of this section.



Sec. 221.31  What are the powers of the ALJ?

    The ALJ will have all powers necessary to conduct a fair, orderly, 
expeditious, and impartial hearing process, consistent with the 
requirements of Sec. 221.60(a), including the powers to:
    (a) Administer oaths and affirmations;
    (b) Issue subpoenas to the extent authorized by law;
    (c) Rule on motions;
    (d) Authorize discovery as provided for in this subpart;
    (e) Hold hearings and conferences;
    (f) Regulate the course of hearings;
    (g) Call and question witnesses;
    (h) Exclude any person from a hearing or conference for misconduct 
or other good cause;
    (i) Issue a decision consistent with Sec. 221.60(b) regarding any 
disputed issues of material fact relating to any Department's condition 
or prescription that has been referred to the ALJ for hearing; and
    (j) Take any other action authorized by law.



Sec. 221.32  What happens if the ALJ becomes unavailable?

    (a) If the ALJ becomes unavailable or otherwise unable to perform 
the duties described in Sec. 221.31, the Department of Commerce's 
designated ALJ office shall designate a successor.
    (b) If a hearing has commenced and the ALJ cannot proceed with it, a 
successor ALJ may do so. At the request of a party, the successor ALJ 
may recall any witness whose testimony is material and disputed, and who 
is available to testify again without undue burden. The successor ALJ 
may, within his or her discretion, recall any other witness.



Sec. 221.33  Under what circumstances may the ALJ be disqualified?

    (a) The ALJ may withdraw from a case at any time the ALJ deems 
himself or herself disqualified.
    (b) At any time before issuance of the ALJ's decision, any party may 
move that the ALJ disqualify himself or herself for personal bias or 
other valid cause.
    (1) The party must file the motion promptly after discovering facts 
or other reasons allegedly constituting cause for disqualification.
    (2) The party must file with the motion an affidavit or declaration 
setting forth the facts or other reasons in detail.
    (c) The ALJ must rule upon the motion, stating the grounds for the 
ruling.
    (1) If the ALJ concludes that the motion is timely and meritorious, 
he or she must disqualify himself or herself and withdraw from the case.
    (2) If the ALJ does not disqualify himself or herself and withdraw 
from the case, the ALJ must continue with the hearing process and issue 
a decision.



Sec. 221.34  What is the law governing ex parte communications?

    (a) Ex parte communications with the ALJ or his or her staff are 
prohibited in accordance with 5 U.S.C. 554(d).

[[Page 261]]

    (b) This section does not prohibit ex parte inquiries concerning 
case status or procedural requirements, unless the inquiry involves an 
area of controversy in the hearing process.



Sec. 221.35  What are the requirements for motions?

    (a) General. Any party may apply for an order or ruling on any 
matter related to the hearing process by presenting a motion to the ALJ. 
A motion may be presented any time after the Department of Commerce's 
designated ALJ office issues a docketing notice under Sec. 221.30.
    (1) A motion made at a hearing may be stated orally on the record, 
unless the ALJ directs that it be reduced to writing.
    (2) Any other motion must:
    (i) Be in writing;
    (ii) Comply with the requirements of this subpart with respect to 
form, content, filing, and service; and
    (iii) Not exceed 10 pages.
    (b) Content. (1) Each motion must state clearly and concisely:
    (i) Its purpose and the relief sought;
    (ii) The facts constituting the grounds for the relief sought; and
    (iii) Any applicable statutory or regulatory authority.
    (2) A proposed order must accompany the motion.
    (c) Response. Except as otherwise required by this part or by order 
of the ALJ, any other party may file a response to a written motion 
within 10 days after service of the motion. When a party presents a 
motion at a hearing, any other party may present a response orally on 
the record.
    (d) Reply. Unless the ALJ orders otherwise, no reply to a response 
may be filed.
    (e) Effect of filing. Unless the ALJ orders otherwise, the filing of 
a motion does not stay the hearing process.
    (f) Ruling. The ALJ will rule on the motion as soon as practicable, 
either orally on the record or in writing. He or she may summarily deny 
any dilatory, repetitive, or frivolous motion.

                  Prehearing Conferences and Discovery



Sec. 221.40  What are the requirements for prehearing conferences?

    (a) Initial prehearing conference. The ALJ will conduct an initial 
prehearing conference with the parties at the time specified in the 
docketing notice under Sec. 221.30, on or about the 20th day after 
issuance of the referral notice under Sec. 221.25(c).
    (1) The initial prehearing conference will be used:
    (i) To identify, narrow, and clarify the disputed issues of material 
fact and exclude issues that do not qualify for review as factual, 
material, and disputed;
    (ii) To consider the parties' motions for discovery under Sec. 
221.41 and to set a deadline for the completion of discovery;
    (iii) To discuss the evidence on which each party intends to rely at 
the hearing;
    (iv) To set the deadline for submission of written testimony under 
Sec. 221.52; and
    (v) To set the date, time, and place of the hearing.
    (2) The initial prehearing conference may also be used:
    (i) To discuss limiting and grouping witnesses to avoid duplication;
    (ii) To discuss stipulations of fact and of the content and 
authenticity of documents;
    (iii) To consider requests that the ALJ take official notice of 
public records or other matters;
    (iv) To discuss the submission of written testimony, briefs, or 
other documents in electronic form; and
    (v) To consider any other matters that may aid in the disposition of 
the case.
    (b) Other conferences. The ALJ may in his or her discretion direct 
the parties to attend one or more other prehearing conferences, if 
consistent with the need to complete the hearing process within 90 days. 
Any party may by motion request a conference.
    (c) Notice. The ALJ must give the parties reasonable notice of the 
time

[[Page 262]]

and place of any conference. A conference will ordinarily be held by 
telephone, unless the ALJ orders otherwise.
    (d) Preparation. (1) Each party's representative must be fully 
prepared for a discussion of all issues properly before the conference, 
both procedural and substantive. The representative must be authorized 
to commit the party that he or she represents respecting those issues.
    (2) Before the date set for the initial prehearing conference, the 
parties' representatives must make a good faith effort:
    (i) To meet in person, by telephone, or by other appropriate means; 
and
    (ii) To reach agreement on discovery and the schedule of remaining 
steps in the hearing process.
    (e) Failure to attend. Unless the ALJ orders otherwise, a party that 
fails to attend or participate in a conference, after being served with 
reasonable notice of its time and place, waives all objections to any 
agreements reached in the conference and to any consequent orders or 
rulings.
    (f) Scope. During a conference, the ALJ may dispose of any 
procedural matters related to the case.
    (g) Order. Within 2 days after the conclusion of each conference, 
the ALJ must issue an order that recites any agreements reached at the 
conference and any rulings made by the ALJ during or as a result of the 
conference.



Sec. 221.41  How may parties obtain discovery of information needed 
for the case?

    (a) General. By agreement of the parties or with the permission of 
the ALJ, a party may obtain discovery of information to assist the party 
in preparing or presenting its case. Available methods of discovery are:
    (1) Written interrogatories;
    (2) Depositions as provided in paragraph (h) of this section; and
    (3) Requests for production of designated documents or tangible 
things or for entry on designated land for inspection or other purposes.
    (b) Criteria. Discovery may occur only as agreed to by the parties 
or as authorized by the ALJ in a written order or during a prehearing 
conference. The ALJ may authorize discovery only if the party requesting 
discovery demonstrates:
    (1) That the discovery will not unreasonably delay the hearing 
process;
    (2) That the information sought:
    (i) Will be admissible at the hearing or appears reasonably 
calculated to lead to the discovery of admissible evidence;
    (ii) Is not already in the license proceeding record or otherwise 
obtainable by the party;
    (iii) Is not cumulative or repetitious; and
    (iv) Is not privileged or protected from disclosure by applicable 
law;
    (3) That the scope of the discovery is not unduly burdensome;
    (4) That the method to be used is the least burdensome method 
available;
    (5) That any trade secrets or proprietary information can be 
adequately safeguarded; and
    (6) That the standards for discovery under paragraphs (f) through 
(h) of this section have been met, if applicable.
    (c) Motions. A party may initiate discovery:
    (1) Pursuant to an agreement of the parties; or
    (2) By filing a motion that:
    (i) Briefly describes the proposed method(s), purpose, and scope of 
the discovery;
    (ii) Explains how the discovery meets the criteria in paragraphs 
(b)(1) through (b)(6) of this section; and
    (iii) Attaches a copy of any proposed discovery request (written 
interrogatories, notice of deposition, or request for production of 
designated documents or tangible things or for entry on designated 
land).
    (d) Timing of motions. A party must file any discovery motion under 
paragraph (c)(2) of this section within 7 days after issuance of the 
referral notice under Sec. 221.25(c).
    (e) Objections. (1) A party must file any objections to a discovery 
motion or to specific portions of a proposed discovery request within 7 
days after service of the motion.
    (2) An objection must explain how, in the objecting party's view, 
the discovery sought does not meet the criteria in paragraphs (b)(1) 
through (b)(6) of this section.

[[Page 263]]

    (f) Materials prepared for hearing. A party generally may not obtain 
discovery of documents and tangible things otherwise discoverable under 
paragraph (b) of this section if they were prepared in anticipation of 
or for the hearing by or for another party's representative (including 
the party's attorney, expert, or consultant).
    (1) If a party wants to discover such materials, it must show:
    (i) That it has substantial need of the materials in preparing its 
own case; and
    (ii) That the party is unable without undue hardship to obtain the 
substantial equivalent of the materials by other means.
    (2) In ordering discovery of such materials when the required 
showing has been made, the ALJ must protect against disclosure of the 
mental impressions, conclusions, opinions, or legal theories of an 
attorney.
    (g) Experts. Unless restricted by the ALJ, a party may discover any 
facts known or opinions held by an expert concerning any relevant 
matters that are not privileged. Such discovery will be permitted only 
if:
    (1) The expert is expected to be a witness at the hearing; or
    (2) The expert is relied on by another expert who is expected to be 
a witness at the hearing, and the party shows:
    (i) That it has a compelling need for the information; and
    (ii) That it cannot practicably obtain the information by other 
means.
    (h) Limitations on depositions. (1) A party may depose a witness 
only if the party shows that the witness:
    (i) Will be unable to attend the hearing because of age, illness, or 
other incapacity; or
    (ii) Is unwilling to attend the hearing voluntarily, and the party 
is unable to compel the witness's attendance at the hearing by subpoena.
    (2) Paragraph (h)(1)(ii) of this section does not apply to any 
person employed by or under contract with the party seeking the 
deposition.
    (3) A party may depose a senior Department employee only if the 
party shows:
    (i) That the employee's testimony is necessary in order to provide 
significant, unprivileged information that is not available from any 
other source or by less burdensome means; and
    (ii) That the deposition would not significantly interfere with the 
employee's ability to perform his or her government duties.
    (i) Completion of discovery. All discovery must be completed within 
25 days after the initial prehearing conference, unless the ALJ sets a 
different deadline.



Sec. 221.42  When must a party supplement or amend information it has
previously provided?

    (a) Discovery. A party must promptly supplement or amend any prior 
response to a discovery request if it learns that the response:
    (1) Was incomplete or incorrect when made; or
    (2) Though complete and correct when made, is now incomplete or 
incorrect in any material respect.
    (b) Witnesses and exhibits. (1) Within 5 days after the date set for 
completion of discovery, each party must file an updated version of the 
list of witnesses and exhibits required under Sec. Sec. 221.21(c), 
221.22(c), or 221.24(c).
    (2) If a party wishes to include any new witness or exhibit on its 
updated list, it must provide an explanation of why it was not feasible 
for the party to include the witness or exhibit on its list under 
Sec. Sec. 221.21(c), 221.22(c), or 221.24(c).
    (c) Failure to disclose. (1) A party that fails to disclose 
information required under Sec. Sec. 221.21(c), 221.22(c), or 
221.24(c), or paragraphs (a) or (b) of this section, will not be 
permitted to introduce as evidence at the hearing testimony from a 
witness or other information that it failed to disclose.
    (2) Paragraph (c)(1) of this section does not apply if the failure 
to disclose was substantially justified or is harmless.
    (3) Before or during the hearing, a party may object to the 
admission of evidence under paragraph (c)(1) of this section.
    (4) The ALJ will consider the following in determining whether to 
exclude evidence under paragraphs (c)(1) through (c)(3) of this section:
    (i) The prejudice to the objecting party;

[[Page 264]]

    (ii) The ability of the objecting party to cure any prejudice;
    (iii) The extent to which presentation of the evidence would disrupt 
the orderly and efficient hearing of the case;
    (iv) The importance of the evidence; and
    (v) The reason for the failure to disclose, including any bad faith 
or willfulness regarding the failure.



Sec. 221.43  What are the requirements for written interrogatories?

    (a) Motion. Except upon agreement of the parties, a party wishing to 
propound interrogatories must file a motion under Sec. 221.41(c).
    (b) ALJ order. During or promptly after the initial prehearing 
conference, the ALJ will issue an order under Sec. 221.41(b) with 
respect to any discovery motion requesting the use of written 
interrogatories. The order will:
    (1) Grant the motion and approve the use of some or all of the 
proposed interrogatories; or
    (2) Deny the motion.
    (c) Answers to interrogatories. Except upon agreement of the 
parties, the party to whom the proposed interrogatories are directed 
must file its answers to any interrogatories approved by the ALJ within 
15 days after issuance of the order under paragraph (b) of this section.
    (1) Each approved interrogatory must be answered separately and 
fully in writing.
    (2) The party or its representative must sign the answers to 
interrogatories under oath or affirmation.
    (d) Access to records. A party's answer to an interrogatory is 
sufficient when:
    (1) The information may be obtained from an examination of records, 
or from a compilation, abstract, or summary based on such records;
    (2) The burden of obtaining the information from the records is 
substantially the same for all parties;
    (3) The answering party specifically identifies the individual 
records from which the requesting party may obtain the information and 
where the records are located; and
    (4) The answering party provides the requesting party with 
reasonable opportunity to examine the records and make a copy, 
compilation, abstract, or summary.



Sec. 221.44  What are the requirements for depositions?

    (a) Motion and notice. Except upon agreement of the parties, a party 
wishing to take a deposition must file a motion under Sec. 221.41(c). 
Any notice of deposition filed with the motion must state:
    (1) The time and place that the deposition is to be taken;
    (2) The name and address of the person before whom the deposition is 
to be taken;
    (3) The name and address of the witness whose deposition is to be 
taken; and
    (4) Any documents or materials that the witness is to produce.
    (b) ALJ order. During or promptly after the initial prehearing 
conference, the ALJ will issue an order under Sec. 221.41(b) with 
respect to any discovery motion requesting the taking of a deposition. 
The order will:
    (1) Grant the motion and approve the taking of the deposition, 
subject to any conditions or restrictions the ALJ may impose; or
    (2) Deny the motion.
    (c) Arrangements. If the parties agree to or the ALJ approves the 
taking of the deposition, the party requesting the deposition must make 
appropriate arrangements for necessary facilities and personnel.
    (1) The deposition will be taken at the time and place agreed to by 
the parties or indicated in the ALJ's order.
    (2) The deposition may be taken before any disinterested person 
authorized to administer oaths in the place where the deposition is to 
be taken.
    (3) Any party that objects to the taking of a deposition because of 
the disqualification of the person before whom it is to be taken must do 
so:
    (i) Before the deposition begins; or
    (ii) As soon as the disqualification becomes known or could have 
been discovered with reasonable diligence.
    (4) A deposition may be taken by telephone conference call, if 
agreed to by the parties or approved in the ALJ's order.

[[Page 265]]

    (d) Testimony. Each witness deposed must be placed under oath or 
affirmation, and the other parties must be given an opportunity for 
cross-examination.
    (e) Representation of witness. The witness being deposed may have 
counsel or another representative present during the deposition.
    (f) Recording and transcript. Except as provided in paragraph (g) of 
this section, the deposition must be stenographically recorded and 
transcribed at the expense of the party that requested the deposition.
    (1) Any other party may obtain a copy of the transcript at its own 
expense.
    (2) Unless waived by the deponent, the deponent will have 3 days 
after receiving the transcript to read and sign it.
    (3) The person before whom the deposition was taken must certify the 
transcript following receipt of the signed transcript from the deponent 
or expiration of the 3-day review period, whichever occurs first.
    (g) Video recording. The testimony at a deposition may be recorded 
on videotape, subject to any conditions or restrictions that the parties 
may agree to or the ALJ may impose, at the expense of the party 
requesting the recording.
    (1) The video recording may be in conjunction with an oral 
examination by telephone conference held under paragraph (c)(3) of this 
section.
    (2) After the deposition has been taken, the person recording the 
deposition must:
    (i) Provide a copy of the videotape to any party that requests it, 
at the requesting party's expense; and
    (ii) Attach to the videotape a statement identifying the case and 
the deponent and certifying the authenticity of the video recording.
    (h) Use of deposition. A deposition may be used at the hearing as 
provided in Sec. 221.53.



Sec. 221.45  What are the requirements for requests for documents or 
tangible things or entry on land?

    (a) Motion. Except upon agreement of the parties, a party wishing to 
request the production of designated documents or tangible things or 
entry on designated land must file a motion under Sec. 221.41(c). A 
request may include any of the following that are in the possession, 
custody, or control of another party:
    (1) The production of designated documents for inspection and 
copying, other than documents that are already in the license proceeding 
record;
    (2) The production of designated tangible things for inspection, 
copying, testing, or sampling; or
    (3) Entry on designated land or other property for inspection and 
measuring, surveying, photographing, testing, or sampling either the 
property or any designated object or operation on the property.
    (b) ALJ order. During or promptly after the initial prehearing 
conference, the ALJ will issue an order under Sec. 221.41(b) with 
respect to any discovery motion requesting the production of documents 
or tangible things or entry on land for inspection, copying, or other 
purposes. The order will:
    (1) Grant the motion and approve the use of some or all of the 
proposed requests; or
    (2) Deny the motion.
    (c) Compliance with order. Except upon agreement of the parties, the 
party to whom any approved request for production is directed must 
permit the approved inspection and other activities within 15 days after 
issuance of the order under paragraph (a) of this section.



Sec. 221.46  What sanctions may the ALJ impose for failure to comply
with discovery?

    (a) Upon motion of a party, the ALJ may impose sanctions under 
paragraph (b) of this section if any party:
    (1) Fails to comply with an order approving discovery; or
    (2) Fails to supplement or amend a response to discovery under Sec. 
221.42(a).
    (b) The ALJ may impose one or more of the following sanctions:
    (1) Infer that the information, testimony, document, or other 
evidence withheld would have been adverse to the party;
    (2) Order that, for the purposes of the hearing, designated facts 
are established;

[[Page 266]]

    (3) Order that the party not introduce into evidence, or otherwise 
rely on to support its case, any information, testimony, document, or 
other evidence:
    (i) That the party improperly withheld; or
    (ii) That the party obtained from another party in discovery;
    (4) Allow another party to use secondary evidence to show what the 
information, testimony, document, or other evidence withheld would have 
shown; or
    (5) Take other appropriate action to remedy the party's failure to 
comply.



Sec. 221.47  What are the requirements for subpoenas and witness fees?

    (a) Request for subpoena. (1) Except as provided in paragraph (a)(2) 
of this section, any party may file a motion requesting the ALJ to issue 
a subpoena to the extent authorized by law for the attendance of a 
person, the giving of testimony, or the production of documents or other 
relevant evidence during discovery or for the hearing.
    (2) A party may subpoena a senior Department employee only if the 
party shows:
    (i) That the employee's testimony is necessary in order to provide 
significant, unprivileged information that is not available from any 
other source or by less burdensome means; and
    (ii) That the employee's attendance would not significantly 
interfere with the ability to perform his or her government duties.
    (b) Service. (1) A subpoena may be served by any person who is not a 
party and is 18 years of age or older.
    (2) Service must be made by hand delivering a copy of the subpoena 
to the person named therein.
    (3) The person serving the subpoena must:
    (i) Prepare a certificate of service setting forth:
    (A) The date, time, and manner of service; or
    (B) The reason for any failure of service; and
    (ii) Swear to or affirm the certificate, attach it to a copy of the 
subpoena, and return it to the party on whose behalf the subpoena was 
served.
    (c) Witness fees. (1) A party who subpoenas a witness who is not a 
party must pay him or her the same fees and mileage expenses that are 
paid witnesses in the district courts of the United States.
    (2) A witness who is not a party and who attends a deposition or 
hearing at the request of any party without having been subpoenaed to do 
so is entitled to the same fees and mileage expenses as if he or she had 
been subpoenaed. However, this paragraph does not apply to federal 
employees who are called as witnesses by a Department.
    (d) Motion to quash. (1) A person to whom a subpoena is directed may 
request by motion that the ALJ quash or modify the subpoena.
    (2) The motion must be filed:
    (i) Within 5 days after service of the subpoena; or
    (ii) At or before the time specified in the subpoena for compliance, 
if that is less than 5 days after service of the subpoena.
    (3) The ALJ may quash or modify the subpoena if it:
    (i) Is unreasonable;
    (ii) Requires evidence during discovery that is not discoverable; or
    (iii) Requires evidence during a hearing that is privileged or 
irrelevant.
    (e) Enforcement. For good cause shown, the ALJ may apply to the 
appropriate United States District Court for the issuance of an order 
compelling the appearance and testimony of a witness or the production 
of evidence as set forth in a subpoena that has been duly issued and 
served.

                     Hearing, Briefing, and Decision



Sec. 221.50  When and where will the hearing be held?

    (a) Except as provided in paragraph (b) of this section, the hearing 
will be held at the time and place set at the initial prehearing 
conference under Sec. 221.40, generally within 15 days after the date 
set for completion of discovery.
    (b) On motion by a party or on the ALJ's initiative, the ALJ may 
change the date, time, or place of the hearing if he or she finds:
    (1) That there is good cause for the change; and
    (2) That the change will not unduly prejudice the parties and 
witnesses.

[[Page 267]]



Sec. 221.51  What are the parties' rights during the hearing?

    Consistent with the provisions of this subpart, each party has the 
following rights during the hearing, as necessary to assure full and 
accurate disclosure of the facts:
    (a) To present direct and rebuttal evidence;
    (b) To make objections, motions, and arguments; and
    (c) To cross-examine witnesses and to conduct re-direct and re-cross 
examination as permitted by the ALJ.



Sec. 221.52  What are the requirements for presenting testimony?

    (a) Written direct testimony. Unless otherwise ordered by the ALJ, 
all direct hearing testimony must be prepared and submitted in written 
form.
    (1) Prepared written testimony must:
    (i) Have line numbers inserted in the left-hand margin of each page;
    (ii) Be authenticated by an affidavit or declaration of the witness;
    (iii) Be filed within 5 days after the date set for completion of 
discovery, unless the ALJ sets a different deadline; and
    (iv) Be offered as an exhibit during the hearing.
    (2) Any witness submitting written testimony must be available for 
cross-examination at the hearing.
    (b) Oral testimony. Oral examination of a witness in a hearing, 
including on cross-examination or redirect, must be conducted under oath 
and in the presence of the ALJ, with an opportunity for all parties to 
question the witness.
    (c) Telephonic testimony. The ALJ may by order allow a witness to 
testify by telephonic conference call.
    (1) The arrangements for the call must let each party listen to and 
speak to the witness and each other within the hearing of the ALJ.
    (2) The ALJ will ensure the full identification of each speaker so 
the reporter can create a proper record.
    (3) The ALJ may issue a subpoena under Sec. 221.47 directing a 
witness to testify by telephonic conference call.



Sec. 221.53  How may a party use a deposition in the hearing?

    (a) In general. Subject to the provisions of this section, a party 
may use in the hearing any part or all of a deposition taken under Sec. 
221.44 against any party who:
    (1) Was present or represented at the taking of the deposition; or
    (2) Had reasonable notice of the taking of the deposition.
    (b) Admissibility. (1) No part of a deposition will be included in 
the hearing record, unless received in evidence by the ALJ.
    (2) The ALJ will exclude from evidence any question and response to 
which an objection:
    (i) Was noted at the taking of the deposition; and
    (ii) Would have been sustained if the witness had been personally 
present and testifying at a hearing.
    (3) If a party offers only part of a deposition in evidence:
    (i) An adverse party may require the party to introduce any other 
part that ought in fairness to be considered with the part introduced; 
and
    (ii) Any other party may introduce any other parts.
    (c) Videotaped deposition. If the deposition was recorded on 
videotape and is admitted into evidence, relevant portions will be 
played during the hearing and transcribed into the record by the 
reporter.



Sec. 221.54  What are the requirements for exhibits, official notice,
and stipulations?

    (a) General. (1) Except as provided in paragraphs (b) through (e) of 
this section, any material offered in evidence, other than oral 
testimony, must be offered in the form of an exhibit.
    (2) Each exhibit offered by a party must be marked for 
identification.
    (3) Any party who seeks to have an exhibit admitted into evidence 
must provide:
    (i) The original of the exhibit to the reporter, unless the ALJ 
permits the substitution of a copy; and
    (ii) A copy of the exhibit to the ALJ.
    (b) Material not offered. If a document offered as an exhibit 
contains material not offered as evidence:
    (1) The party offering the exhibit must:
    (i) Designate the matter offered as evidence;

[[Page 268]]

    (ii) Segregate and exclude the material not offered in evidence, to 
the extent practicable; and
    (iii) Provide copies of the entire document to the other parties 
appearing at the hearing.
    (2) The ALJ must give the other parties an opportunity to inspect 
the entire document and offer in evidence any other portions of the 
document.
    (c) Official notice. (1) At the request of any party at the hearing, 
the ALJ may take official notice of any matter of which the courts of 
the United States may take judicial notice, including the public records 
of NMFS and any other Department party.
    (2) The ALJ must give the other parties appearing at the hearing an 
opportunity to show the contrary of an officially noticed fact.
    (3) Any party requesting official notice of a fact after the 
conclusion of the hearing must show good cause for its failure to 
request official notice during the hearing.
    (d) Stipulations. (1) The parties may stipulate to any relevant 
facts or to the authenticity of any relevant documents.
    (2) If received in evidence at the hearing, a stipulation is binding 
on the stipulating parties.
    (3) A stipulation may be written or made orally at the hearing.



Sec. 221.55  What evidence is admissible at the hearing?

    (a) General. (1) Subject to the provisions of Sec. 221.42(b), the 
ALJ may admit any written, oral, documentary, or demonstrative evidence 
that is:
    (i) Relevant, reliable, and probative; and
    (ii) Not privileged or unduly repetitious or cumulative.
    (2) The ALJ may exclude evidence if its probative value is 
substantially outweighed by the risk of undue prejudice, confusion of 
the issues, or delay.
    (3) Hearsay evidence is admissible. The ALJ may consider the fact 
that evidence is hearsay when determining its probative value.
    (4) The Federal Rules of Evidence do not directly apply to the 
hearing, but may be used as guidance by the ALJ and the parties in 
interpreting and applying the provisions of this section.
    (b) Objections. Any party objecting to the admission or exclusion of 
evidence shall concisely state the grounds. A ruling on every objection 
must appear in the record.



Sec. 221.56  What are the requirements for transcription of the hearing?

    (a) Transcript and reporter's fees. The hearing will be transcribed 
verbatim.
    (1) The Department of Commerce's designated ALJ office will secure 
the services of a reporter and pay the reporter's fees to provide an 
original transcript to the Department of Commerce's designated ALJ 
office on an expedited basis.
    (2) Each party must pay the reporter for any copies of the 
transcript obtained by that party.
    (b) Transcript Corrections. (1) Any party may file a motion 
proposing corrections to the transcript. The motion must be filed within 
5 days after receipt of the transcript, unless the ALJ sets a different 
deadline.
    (2) Unless a party files a timely motion under paragraph (b)(1) of 
this section, the transcript will be presumed to be correct and 
complete, except for obvious typographical errors.
    (3) As soon as practicable after the close of the hearing and after 
consideration of any motions filed under paragraph (b)(1) of this 
section, the ALJ will issue an order making any corrections to the 
transcript that the ALJ finds are warranted.



Sec. 221.57  What is the standard of proof?

    The standard of proof is a preponderance of the evidence.



Sec. 221.58  When will the hearing record close?

    (a) The hearing record will close when the ALJ closes the hearing, 
unless he or she directs otherwise.
    (b) Evidence may not be added after the hearing record is closed, 
but the transcript may be corrected under Sec. 221.56(b).



Sec. 221.59  What are the requirements for post-hearing briefs?

    (a) General. (1) Each party may file a post-hearing brief within 10 
days after the close of the hearing, unless the ALJ sets a different 
deadline.

[[Page 269]]

    (2) A party may file a reply brief only if requested by the ALJ. The 
deadline for filing a reply brief, if any, will be set by the ALJ.
    (3) The ALJ may limit the length of the briefs to be filed under 
this section.
    (b) Content. (1) An initial brief must include:
    (i) A concise statement of the case;
    (ii) A separate section containing proposed findings regarding the 
issues of material fact, with supporting citations to the hearing 
record;
    (iii) Arguments in support of the party's position; and
    (iv) Any other matter required by the ALJ.
    (2) A reply brief, if requested by the ALJ, must be limited to any 
issues identified by the ALJ.
    (c) Form. (1) An exhibit admitted in evidence or marked for 
identification in the record may not be reproduced in the brief.
    (i) Such an exhibit may be reproduced, within reasonable limits, in 
an appendix to the brief.
    (ii) Any pertinent analysis of an exhibit may be included in a 
brief.
    (2) If a brief exceeds 20 pages, it must contain:
    (i) A table of contents and of points made, with page references; 
and
    (ii) An alphabetical list of citations to legal authority, with page 
references.



Sec. 221.60  What are the requirements for the ALJ's decision?

    (a) Timing. The ALJ must issue a decision within the shorter of the 
following time periods:
    (1) 30 days after the close of the hearing under Sec. 221.58; or
    (2) 90 days after issuance of the referral notice under Sec. 
221.25(c), 7 CFR 1.625(c), or 43 CFR 45.25(c).
    (b) Content. (1) The decision must contain:
    (i) Findings of fact on all disputed issues of material fact;
    (ii) Conclusions of law necessary to make the findings of fact (such 
as rulings on materiality and on the admissibility of evidence); and
    (iii) Reasons for the findings and conclusions.
    (2) The ALJ may adopt any of the findings of fact proposed by one or 
more of the parties.
    (3) The decision will not contain conclusions as to whether any 
preliminary condition or prescription should be adopted, modified, or 
rejected, or whether any proposed alternative should be adopted or 
rejected.
    (c) Service. Promptly after issuing his or her decision, the ALJ 
must:
    (1) Serve the decision on each party to the hearing; and
    (2) Forward a copy of the decision to FERC, along with the complete 
hearing record, for inclusion in the license proceeding record.
    (d) Finality. The ALJ's decision under this section will be final, 
with respect to the disputed issues of material fact, for NMFS and any 
other Department involved in the hearing. To the extent the ALJ's 
decision forms the basis for any condition or prescription subsequently 
included in the license, it may be subject to judicial review under 16 
U.S.C. 825l(b).



                     Subpart C_Alternatives Process



Sec. 221.70  How must documents be filed and served under this subpart?

    (a) Filing. (1) A document under this subpart must be filed using 
one of the methods set forth in Sec. 221.12(b).
    (2) A document is considered filed on the date it is received. 
However, any document received after 5 p.m. at the place where the 
filing is due is considered filed on the next regular business day.
    (b) Service. (1) Any document filed under this subpart must be 
served at the same time the document is delivered or sent for filing. A 
complete copy of the document must be served on each license party and 
FERC, using:
    (i) One of the methods of service in Sec. 221.13(c); or
    (ii) Regular mail.
    (2) The provisions of Sec. 221.13(d) and (e) regarding 
acknowledgment and certificate of service apply to service under this 
subpart.



Sec. 221.71  How do I propose an alternative?

    (a) General. To propose an alternative, you must:

[[Page 270]]

    (1) Be a license party; and
    (2) File a written proposal with the Office of Habitat Conservation 
within 30 days after the deadline for NMFS to file preliminary 
prescriptions with FERC.
    (b) Content. Your proposal must include:
    (1) A description of the alternative, in an equivalent level of 
detail to NMFS's preliminary prescription;
    (2) An explanation of how the alternative will be no less protective 
than the fishway prescribed by NMFS;
    (3) An explanation of how the alternative, as compared to the 
preliminary prescription, will:
    (i) Cost significantly less to implement; or
    (ii) Result in improved operation of the project works for 
electricity production;
    (4) An explanation of how the alternative will affect:
    (i) Energy supply, distribution, cost, and use;
    (ii) Flood control;
    (iii) Navigation;
    (iv) Water supply;
    (v) Air quality; and
    (vi) Other aspects of environmental quality; and
    (5) Specific citations to any scientific studies, literature, and 
other documented information relied on to support your proposal, 
including any assumptions you are making (e.g., regarding the cost of 
energy or the rate of inflation). If any such document is not already in 
the license proceeding record, you must provide a copy with the 
proposal.



Sec. 221.72  What will NMFS do with a proposed alternative?

    If any license party proposes an alternative to a preliminary 
prescription under Sec. 221.71(a)(1), NMFS must do the following within 
60 days after the deadline for filing comments to FERC's NEPA document 
under 18 CFR 5.25(c):
    (a) Analyze the alternative under Sec. 221.73; and
    (b) File with FERC:
    (1) Any prescription that NMFS adopts as its modified prescription; 
and
    (2) Its analysis of the modified prescription and any proposed 
alternatives under Sec. 221.73(c).



Sec. 221.73  How will NMFS analyze a proposed alternative and formulate
its modified prescription?

    (a) In deciding whether to adopt a proposed alternative, NMFS must 
consider evidence and supporting material provided by any license party 
or otherwise available to NMFS including:
    (1) Any evidence on the implementation costs or operational impacts 
for electricity production of the proposed alternative;
    (2) Any comments received on NMFS's preliminary prescription;
    (3) Any ALJ decision on disputed issues of material fact issued 
under Sec. 221.60 with respect to the preliminary prescription;
    (4) Comments received on any draft or final NEPA documents; and
    (5) The license party's proposal under Sec. 221.71.
    (b) NMFS must adopt a proposed alternative if NMFS determines, based 
on substantial evidence provided by any license party or otherwise 
available to NMFS, that the alternative will be no less protective than 
NMFS's preliminary prescription and will, as compared to NMFS's 
preliminary prescription:
    (1) Cost significantly less to implement; or
    (2) Result in improved operation of the project works for 
electricity production.
    (c) When NMFS files with FERC the prescription that NMFS adopts as 
its modified prescription under Sec. Sec. 221.72(b), it must also file:
    (1) A written statement explaining:
    (i) The basis for the adopted prescription; and
    (ii) If NMFS is not adopting any alternative, its reasons for not 
doing so; and
    (2) Any study, data, and other factual information relied on that is 
not already part of the licensing proceeding record.
    (d) The written statement under paragraph (c)(1) of this section 
must demonstrate that NMFS gave equal consideration to the effects of 
the prescription adopted and any alternative prescription not adopted 
on:
    (1) Energy supply, distribution, cost, and use;
    (2) Flood control;

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    (3) Navigation;
    (4) Water supply;
    (5) Air quality; and
    (6) Preservation of other aspects of environmental quality.



Sec. 221.74  Has OMB approved the information collection provisions 
of this subpart?

    Yes. This rule contains provisions that would collect information 
from the public. It therefore requires approval by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501 et seq. (PRA). According to the PRA, a Federal agency may 
not conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number that indicates OMB approval. OMB has reviewed the 
information collection in this rule and approved it under OMB control 
number 1094-0001.



PART 222_GENERAL ENDANGERED AND THREATENED MARINE SPECIES--
Table of Contents



              Subpart A_Introduction and General Provisions

Sec.
222.101 Purpose and scope of regulations.
222.102 Definitions.
222.103 Federal/state cooperation in the conservation of endangered and 
          threatened species.

Subpart B_Certificates of Exemption for Pre-Act Endangered Species Parts

222.201 General requirements.
222.202 Certificate renewal.
222.203 Modification, amendment, suspension, and revocation of 
          certificates.
222.204 Administration of certificates.
222.205 Import and export requirements.

                   Subpart C_General Permit Procedures

222.301 General requirements.
222.302 Procedure for obtaining permits.
222.303 Issuance of permits.
222.304 Renewal of permits.
222.305 Rights of succession and transfer of permits.
222.306 Modification, amendment, suspension, cancellation, and 
          revocation of permits.
222.307 Permits for incidental taking of species.
222.308 Permits for scientific purposes or for the enhancement of 
          propagation or survival of species.
222.309 Permits for listed species of sea turtles involving the Fish and 
          Wildlife Service.
222.310 Permit authority for designated agents and employees of 
          specified Federal and state agencies.

                     Subpart D_Observer Requirement

222.401 Observer requirement.
222.402 Annual determination of fisheries to be observed; notice and 
          comment.
222.403 Duration of selection; effective date.
222.404 Observer program sampling.

    Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.
    Section 222.403 also issued under 16 U.S.C. 1361 et seq.

    Source: 64 FR 14054, Mar. 23, 1999, unless otherwise noted.



              Subpart A_Introduction and General Provisions



Sec. 222.101  Purpose and scope of regulations.

    (a) The regulations of parts 222, 223, and 224 of this chapter 
implement the Endangered Species Act (Act), and govern the taking, 
possession, transportation, sale, purchase, barter, exportation, 
importation of, and other requirements pertaining to wildlife and plants 
under the jurisdiction of the Secretary of Commerce and determined to be 
threatened or endangered pursuant to section 4(a) of the Act. These 
regulations are implemented by the National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, This part pertains to general provisions and definitions. 
Specifically, parts 223 and 224 pertain to provisions to threatened 
species and endangered species, respectively. Part 226 enumerates 
designated critical habitat for endangered and threatened species. 
Certain of the endangered and threatened marine species enumerated in 
Sec. Sec. 224.102 and 223.102 are included in Appendix I or II to the 
Convention on International Trade of Endangered Species of Wild Fauna 
and Flora. The importation, exportation, and re-exportation of such 
species are subject to additional regulations set forth at 50 CFR part 
23, chapter I.

[[Page 272]]

    (b) For rules and procedures relating to species determined to be 
threatened or endangered under the jurisdiction of the Secretary of the 
Interior, see 50 CFR parts 10 through 17. For rules and procedures 
relating to the general implementation of the Act jointly by the 
Departments of the Interior and Commerce and for certain species under 
the joint jurisdiction of both the Secretaries of the Interior and 
Commerce, see 50 CFR Chapter IV. Marine mammals listed as endangered or 
threatened and subject to these regulations may also be subject to 
additional requirements pursuant to the Marine Mammal Protection Act 
(for regulations implementing that act, see 50 CFR part 216).
    (c) No statute or regulation of any state shall be construed to 
relieve a person from the restrictions, conditions, and requirements 
contained in parts 222, 223, and 224 of this chapter. In addition, 
nothing in parts 222, 223, and 224 of this chapter, including any permit 
issued pursuant thereto, shall be construed to relieve a person from any 
other requirements imposed by a statute or regulation of any state or of 
the United States, including any applicable health, quarantine, 
agricultural, or customs laws or regulations, or any other National 
Marine Fisheries Service enforced statutes or regulations.



Sec. 222.102  Definitions.

    Accelerator funnel means a device used to accelerate the flow of 
water through a shrimp trawl net.
    Act means the Endangered Species Act of 1973, as amended, 16 U.S.C. 
1531 et seq.
    Adequately covered means, with respect to species listed pursuant to 
section 4 of the Act, that a proposed conservation plan has satisfied 
the permit issuance criteria under section 10(a)(2)(B) of the Act for 
the species covered by the plan and, with respect to unlisted species, 
that a proposed conservation plan has satisfied the permit issuance 
criteria under section 10(a)(2)(B) of the Act that would otherwise apply 
if the unlisted species covered by the plan were actually listed. For 
the Services to cover a species under a conservation plan, it must be 
listed on the section 10(a)(1)(B) permit.
    Alaska Regional Administrator means the Regional Administrator for 
the Alaska Region of the National Marine Fisheries Service, National 
Oceanic and Atmospheric Administration, U.S. Department of Commerce, or 
their authorized representative. Mail sent to the Alaska Regional 
Administrator should be addressed: Alaska Regional Administrator, F/AK, 
Alaska Regional Office, National Marine Fisheries Service, NOAA, P.O. 
Box 21668 Juneau, AK 99802-1668.
    Approved turtle excluder device (TED) means a device designed to be 
installed in a trawl net forward of the cod end for the purpose of 
excluding sea turtles from the net, as described in 50 CFR 223.207.
    Assistant Administrator means the Assistant Administrator for 
Fisheries of the National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, U.S. Department of Commerce, or his 
authorized representative. Mail sent to the Assistant Administrator 
should be addressed: Assistant Administrator for Fisheries, National 
Marine Fisheries Service, NOAA, 1315 East-West Highway, Silver Spring, 
MD 20910.
    Atlantic Area means all waters of the Atlantic Ocean south of 
36[deg]33[min]00.8[sec] N. lat. (the line of the North Carolina/Virginia 
border) and adjacent seas, other than waters of the Gulf Area, and all 
waters shoreward thereof (including ports).
    Atlantic Shrimp Fishery--Sea Turtle Conservation Area (Atlantic 
SFSTCA) means the inshore and offshore waters extending to 10 nautical 
miles (18.5 km) offshore along the coast of the States of Georgia and 
South Carolina from the Georgia-Florida border (defined as the line 
along 30[deg]42[min]45.6[sec] N. lat.) to the North Carolina-South 
Carolina border (defined as the line extending in a direction of 
135[deg]34[min]55[sec] from true north from the North Carolina-South 
Carolina land boundary, as marked by the border station on Bird Island 
at 33[deg]51[min]07.9[sec] N. lat., 078[deg]32[min]32.6[sec] W. long.).
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the U.S. Coast 
Guard;
    (2) Any special agent or enforcement officer of the National Marine 
Fisheries Service;

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    (3) Any officer designated by the head of a Federal or state agency 
that has entered into an agreement with the Secretary or the Commandant 
of the Coast Guard to enforce the provisions of the Act; or
    (4) Any Coast Guard personnel accompanying and acting under the 
direction of any person described in paragraph (1) of this definition.
    Bait shrimper means a shrimp trawler that fishes for and retains its 
shrimp catch alive for the purpose of selling it for use as bait.
    Beam trawl means a trawl with a rigid frame surrounding the mouth 
that is towed from a vessel by means of one or more cables or ropes.
    Certificate of exemption means any document so designated by the 
National Marine Fisheries Service and signed by an authorized official 
of the National Marine Fisheries Service, including any document which 
modifies, amends, extends or renews any certificate of exemption.
    Chain mat means a device designed to be installed in a scallop 
dredge forward of the sweep, as described in 50 CFR 223.206, for the 
purpose of excluding sea turtles from the dredge.
    Changed circumstances means changes in circumstances affecting a 
species or geographic area covered by a conservation plan that can 
reasonably be anticipated by plan developers and NMFS and that can be 
planned for (e.g., the listing of new species, or a fire or other 
natural catastrophic event in areas prone to such events).
    Commercial activity means all activities of industry and trade, 
including, but not limited to, the buying or selling of commodities and 
activities conducted for the purpose of facilitating such buying and 
selling: Provided, however, that it does not include the exhibition of 
commodities by museums or similar cultural or historical organizations.
    Conservation plan means the plan required by section 10(a)(2)(A) of 
the Act that an applicant must submit when applying for an incidental 
take permit. Conservation plans also are known as ``habitat conservation 
plans'' or ``HCPs.''
    Conserved habitat areas means areas explicitly designated for 
habitat restoration, acquisition, protection, or other conservation 
purposes under a conservation plan.
    Cooperative Agreement means an agreement between a state(s) and the 
National Marine Fisheries Service, NOAA, Department of Commerce, which 
establishes and maintains an active and adequate program for the 
conservation of resident species listed as endangered or threatened 
pursuant to section 6(c)(1) of the Endangered Species Act.
    Diamonds, with respect to dredge or dredge gear as defined in this 
section, means the triangular shaped portions of the ring bag on the 
``dredge bottom'' as defined in 50 CFR 648.2.
    Dredge or dredge gear, with respect to the fishery operating under 
the Atlantic Sea Scallop Fishery Management Plan, means gear consisting 
of a mouth frame attached to a holding bag constructed of metal rings, 
or any other modification to this design, that can be or is used in the 
harvest of sea scallops.
    Fishing, or to fish, means:
    (1) The catching, taking, or harvesting of fish or wildlife;
    (2) The attempted catching, taking, or harvesting of fish or 
wildlife;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish or wildlife; or
    (4) Any operations on any waters in support of, or in preparation 
for, any activity described in paragraphs (1) through (3) of this 
definition.
    Footrope means a weighted rope or cable attached to the lower lip 
(bottom edge) of the mouth of a trawl net along the forward most 
webbing.
    Footrope length means the distance between the points at which the 
ends of the footrope are attached to the trawl net, measured along the 
forward-most webbing.
    Foreign commerce includes, among other things, any transaction 
between persons within one foreign country, or between persons in two or 
more foreign countries, or between a person within the United States and 
a person in one or more foreign countries, or between persons within the 
United States, where the fish or wildlife in question are moving in any 
country or countries outside the United States.

[[Page 274]]

    Four-seam, straight-wing trawl means a design of shrimp trawl in 
which the main body of the trawl is formed from a top panel, a bottom 
panel, and two side panels of webbing. The upper and lower edges of the 
side panels of webbing are parallel over the entire length.
    Four-seam, tapered-wing trawl means a design of shrimp trawl in 
which the main body of the trawl is formed from a top panel, a bottom 
panel, and two side panels of webbing. The upper and lower edges of the 
side panels of webbing converge toward the rear of the trawl.
    Gillnet means a panel of netting, suspended vertically in the water 
by floats along the top and weights along the bottom, to entangle fish 
that attempt to pass through it.
    Gulf Area means all waters of the Gulf of Mexico west of 81[deg] W. 
long. (the line at which the Gulf Area meets the Atlantic Area) and all 
waters shoreward thereof (including ports).
    Gulf Shrimp Fishery-Sea Turtle Conservation Area (Gulf SFSTCA) means 
the offshore waters extending to 10 nautical miles (18.5 km) offshore 
along the coast of the States of Texas and Louisiana from the South Pass 
of the Mississippi River (west of 89[deg]08.5[min] W. long.) to the 
U.S.-Mexican border.
    Habitat restoration activity means an activity that has the sole 
objective of restoring natural aquatic or riparian habitat conditions or 
processes.
    Harm in the definition of ``take'' in the Act means an act which 
actually kills or injures fish or wildlife. Such an act may include 
significant habitat modification or degradation which actually kills or 
injures fish or wildlife by significantly impairing essential behavioral 
patterns, including, breeding, spawning, rearing, migrating, feeding or 
sheltering.
    Headrope means a rope that is attached to the upper lip (top edge) 
of the mouth of a trawl net along the forward-most webbing.
    Headrope length means the distance between the points at which the 
ends of the headrope are attached to the trawl net, measured along the 
forward-most webbing.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the meaning 
of the tariff laws of the United States.
    Inshore means marine and tidal waters landward of the 72 COLREGS 
demarcation line (International Regulations for Preventing Collisions at 
Sea, 1972), as depicted or noted on nautical charts published by the 
National Oceanic and Atmospheric Administration (Coast Charts, 1:80,000 
scale) and as described in 33 CFR part 80.
    Modified pound net leader means a pound net leader that is affixed 
to or resting on the sea floor and made of a lower portion of mesh and 
an upper portion of only vertical lines such that: The mesh size is 
equal to or less than 8 inches (20.3 cm) stretched mesh; at any 
particular point along the leader the height of the mesh from the 
seafloor to the top of the mesh must be no more than one-third the depth 
of the water at mean lower low water directly above that particular 
point; the mesh is held in place by vertical lines that extend from the 
top of the mesh up to a top line, which is a line that forms the 
uppermost part of the pound net leader; the vertical lines are equal to 
or greater than \5/16\ inch (0.8 cm) in diameter and strung vertically 
at a minimum of every 2 feet (61 cm); and the vertical lines are hard 
lay lines with a level of stiffness equivalent to the stiffness of a \5/
16\ inch (0.8 cm) diameter line composed of polyester wrapped around a 
blend of polypropylene and polyethylene and containing approximately 42 
visible twists of strands per foot of line.
    Northeast Regional Administrator means the Regional Administrator 
for the Northeast Region of the National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, or their authorized representative. Mail sent to the Northeast 
Regional Administrator should be addressed: Northeast Regional 
Administrator, F/NE, Northeast Regional Office, National Marine 
Fisheries Service, NOAA, One Blackburn Drive, Gloucester, MA 01930-2298.

[[Page 275]]

    Northwest Regional Administrator means the Regional Administrator 
for the Northwest Region of the National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, or their authorized representative. Mail sent to the Northwest 
Regional Administrator should be addressed: Northwest Regional 
Administrator, F/NW, Northwest Regional Office, National Marine 
Fisheries Service, NOAA, 7600 Sand Point Way NE, Seattle, WA 98115-0070.
    Office of Enforcement means the national fisheries enforcement 
office of the National Marine Fisheries Service. Mail sent to the Office 
of Enforcement should be addressed: Office of Enforcement, F/EN, 
National Marine Fisheries Service, NOAA, 8484 Suite 415, Georgia Ave., 
Silver Spring, MD 20910.
    Office of Protected Resources means the national program office of 
the endangered species and marine mammal programs of the National Marine 
Fisheries Service. Mail sent to the Office of Protected Resources should 
be addressed: Office of Protected Resources, F/PR, National Marine 
Fisheries Service, NOAA, 1315 East West Highway, Silver Spring, MD 
20910.
    Offshore means marine and tidal waters seaward of the 72 COLREGS 
demarcation line (International Regulations for Preventing Collisions at 
Sea, 1972), as depicted or noted on nautical charts published by the 
National Oceanic and Atmospheric Administration (Coast Charts, 1:80,000 
scale) and as described in 33 CFR part 80.
    Operating conservation program means those conservation management 
activities which are expressly agreed upon and described in a 
Conservation Plan or its Implementing Agreement. These activities are to 
be undertaken for the affected species when implementing an approved 
Conservation Plan, including measures to respond to changed 
circumstances.
    Permit means any document so designated by the National Marine 
Fisheries Service and signed by an authorized official of the National 
Marine Fisheries Service, including any document which modifies, amends, 
extends, or renews any permit.
    Person means an individual, corporation, partnership, trust, 
association, or any other private entity, or any officer, employee, 
agent, department, or instrumentality of the Federal government of any 
state or political subdivision thereof or of any foreign government.
    Possession means the detention and control, or the manual or ideal 
custody of anything that may be the subject of property, for one's use 
and enjoyment, either as owner or as the proprietor of a qualified right 
in it, and either held personally or by another who exercises it in 
one's place and name. Possession includes the act or state of possessing 
and that condition of facts under which persons can exercise their power 
over a corporeal thing at their pleasure to the exclusion of all other 
persons. Possession includes constructive possession that which means 
not an actual but an assumed existence one claims to hold by virtue of 
some title, without having actual custody.
    Pound net leader means a long straight net that directs the fish 
offshore towards the pound, an enclosure that captures the fish. Some 
pound net leaders are all mesh, while others have stringers and mesh. 
Stringers are vertical lines in a pound net leader that are spaced a 
certain distance apart and are not crossed by horizontal lines to form 
mesh. An offshore pound net leader refers to a leader with the inland 
end set greater than 10 horizontal feet (3 m) from the mean low water 
line. A nearshore pound net leader refers to a leader with the inland 
end set 10 horizontal feet (3 m) or less from the mean low water line.
    Pound Net Regulated Area I means Virginia waters of the mainstem 
Chesapeake Bay, south of 37[deg]19.0[min] N. lat. and west of 
76[deg]13.0[min] W. long., and all waters south of 37[deg]13.0[min] N. 
lat. to the Chesapeake Bay Bridge Tunnel (extending from approximately 
37[deg]05[min] N. lat., 75[deg]59[min] W. long. to 36[deg]55[min] N. 
lat., 76[deg]08[min] W. long.) at the mouth of the Chesapeake Bay, and 
the portion of the James River downstream of the Hampton Roads Bridge 
Tunnel (I-64; approximately 36[deg]59.55[min] N. lat., 76[deg]18.64[min] 
W. long.) and the York River downstream of the Coleman Memorial Bridge

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(Route 17; approximately 37[deg]14.55[min] N. lat, 76[deg]30.40[min] W. 
long.)
    Pound Net Regulated Area II means Virginia waters of the Chesapeake 
Bay outside of Pound Net Regulated Area I defined above, extending to 
the Maryland-Virginia State line (approximately 37[deg]55[min] N. lat., 
75[deg]55[min] W. long.), the Great Wicomico River downstream of the 
Jessie Dupont Memorial Highway Bridge (Route 200; approximately 
37[deg]50.84[min] N. lat, 76[deg]22.09[min] W. long.), the Rappahannock 
River downstream of the Robert Opie Norris Jr. Bridge (Route 3; 
approximately 37[deg]37.44[min] N. lat, 76[deg]25.40[min] W. long.), and 
the Piankatank River downstream of the Route 3 Bridge (approximately 
37[deg]30.62[min] N. lat, 76[deg]25.19[min] W. long.) to the COLREGS 
line at the mouth of the Chesapeake Bay.
    Pre-Act endangered species part means any sperm whale oil, including 
derivatives and products thereof, which was lawfully held within the 
United States on December 28, 1973, in the course of a commercial 
activity; or any finished scrimshaw product, if such product or the raw 
material for such product was lawfully held within the United States on 
December 28, 1973, in the course of a commercial activity.
    Properly implemented conservation plan means any conservation plan, 
implementing agreement, or permit whose commitments and provisions have 
been or are being fully implemented by the permittee.
    Pusher-head trawl (chopsticks) means a trawl that is spread by two 
poles suspended from the bow of the trawler in an inverted ``V'' 
configuration.
    Resident species means, for purposes of entering into cooperative 
agreements with any state pursuant to section 6(c) of the Act, a species 
that exists in the wild in that state during any part of its life.
    Right whale means, as used in Sec. 224.103(c), any whale that is a 
member of the western North Atlantic population of the northern right 
whale species (Eubalaena glacialis).
    Roller trawl means a variety of beam trawl that is used, usually by 
small vessels, for fishing over uneven or vegetated sea bottoms.
    Scrimshaw product means any art form which involves the substantial 
etching or engraving of designs upon, or the substantial carving of 
figures, patterns, or designs from any bone or tooth of any marine 
mammal of the order Cetacea. For purposes of this part, polishing or the 
adding of minor superficial markings does not constitute substantial 
etching, engraving, or carving.
    Secretary means the Secretary of Commerce or an authorized 
representative.
    Shrimp means any species of marine shrimp (Order Crustacea) found in 
the Atlantic Area or the Gulf Area, including, but not limited to:
    (1) Brown shrimp (Penaeus aztecus).
    (2) White shrimp (Penaeus setiferus).
    (3) Pink shrimp (Penaeus duorarum).
    (4) Rock shrimp (Sicyonia brevirostris).
    (5) Royal red shrimp (Hymenopenaeus robustus).
    (6) Seabob shrimp (Xiphopenaeus kroyeri).
    Shrimp trawler means any vessel that is equipped with one or more 
trawl nets and that is capable of, or used for, fishing for shrimp, or 
whose on-board or landed catch of shrimp is more than 1 percent, by 
weight, of all fish comprising its on-board or landed catch.
    Skimmer trawl means a trawl that is fished along the side of the 
vessel and is held open by a rigid frame and a lead weight. On its 
outboard side, the trawl is held open by one side of the frame extending 
downward and, on its inboard side, by a lead weight attached by cable or 
rope to the bow of the vessel.
    Southeast Regional Administrator means the Regional Administrator 
for the Southeast Region of the National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, or their authorized representative. Mail sent to the Southeast 
Regional Administrator should be addressed: Southeast Regional 
Administrator, F/SE, Southeast Regional Office, National Marine 
Fisheries Service, NOAA, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702-2432.
    Southwest Regional Administrator means the Regional Administrator 
for the Southwest Region of the National Marine Fisheries Service, 
National Oceanic and Atmospheric Administration, U.S. Department of 
Commerce, or

[[Page 277]]

their authorized representative. Mail sent to the Southwest Regional 
Administrator should be addressed: Southwest Regional Administrator, F/
SW, Southwest Regional Office, National Marine Fisheries Service, NOAA, 
501 West Ocean Blvd, Suite 4200, Long Beach, CA 90802-4213.
    Stretched mesh size means the distance between the centers of the 
two opposite knots in the same mesh when pulled taut.
    Summer flounder means the species Paralichthys dentatus.
    Summer flounder fishery-sea turtle protection area means all 
offshore waters, bounded on the north by a line along 37[deg]05[min] N. 
lat. (Cape Charles, VA) and bounded on the south by a line extending in 
a direction of 135[deg]34[min]55[sec] from true north from the North 
Carolina-South Carolina land boundary, as marked by the border station 
on Bird Island at 33[deg]51[min]07.9[sec] N. lat., 
078[deg]32[min]32.6[sec] W. long.(the North Carolina-South Carolina 
border).
    Summer flounder trawler means any vessel that is equipped with one 
or more bottom trawl nets and that is capable of, or used for, fishing 
for flounder or whose on-board or landed catch of flounder is more than 
100 lb (45.4 kg).
    Sweep, with respect to dredge or dredge gear as defined in this 
section, means a chain extending, usually in an arc, from one end of the 
dredge frame to the other to which the ring bag, including the diamonds, 
is attached. The sweep forms the edge of the opening of the dredge bag.
    Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to harass, harm, pursue, hunt, shoot, 
wound, kill, trap, capture, or collect.
    Taper, in reference to the webbing used in trawls, means the angle 
of a cut used to shape the webbing, expressed as the ratio between the 
cuts that reduce the width of the webbing by cutting into the panel of 
webbing through one row of twine (bar cuts) and the cuts that extend the 
length of the panel of webbing by cutting straight aft through two 
adjoining rows of twine (point cuts). For example, sequentially cutting 
through the lengths of twine on opposite sides of a mesh, leaving an 
uncut edge of twines all lying in the same line, produces a relatively 
strong taper called ``all-bars''; making a sequence of 4-bar cuts 
followed by 1-point cut produces a more gradual taper called ``4 bars to 
1 point'' or ``4b1p''; similarly, making a sequence of 2-bar cuts 
followed by 1-point cut produces a still more gradual taper called 
``2b1p''; and making a sequence of cuts straight aft does not reduce the 
width of the panel and is called a ``straight'' or ``all-points'' cut.
    Taut means a condition in which there is no slack in the net 
webbing.
    Test net, or try net, means a net pulled for brief periods of time 
just before, or during, deployment of the primary net(s) in order to 
test for shrimp concentrations or determine fishing conditions (e.g., 
presence or absence of bottom debris, jellyfish, bycatch, seagrasses, 
etc.).
    Tongue means any piece of webbing along the top, center, leading 
edge of a trawl, whether lying behind or ahead of the headrope, to which 
a towing bridle can be attached for purposes of pulling the trawl net 
and/or adjusting the shape of the trawl.
    Transportation means to ship, convey, carry or transport by any 
means whatever, and deliver or receive for such shipment, conveyance, 
carriage, or transportation.
    Triple-wing trawl means a trawl with a tongue on the top, center, 
leading edge of the trawl and an additional tongue along the bottom, 
center, leading edge of the trawl.
    Two-seam trawl means a design of shrimp trawl in which the main body 
of the trawl is formed from a top and a bottom panel of webbing that are 
directly attached to each other down the sides of the trawl.
    Underway with respect to a vessel, means that the vessel is not at 
anchor, or made fast to the shore, or aground.
    Unforeseen circumstances means changes in circumstances affecting a 
species or geographic area covered by a conservation plan that could not 
reasonably have been anticipated by plan developers and NMFS at the time 
of the conservation plan's negotiation and development, and that result 
in a substantial and adverse change in the status of the covered 
species.

[[Page 278]]

    Vessel means a vehicle used, or capable of being used, as a means of 
transportation on water which includes every description of watercraft, 
including nondisplacement craft and seaplanes.
    Vessel restricted in her ability to maneuver has the meaning 
specified for this term at 33 U.S.C. 2003(g).
    Wildlife means any member of the animal kingdom, including without 
limitation any mammal, fish, bird (including any migratory, 
nonmigratory, or endangered bird for which protection is also afforded 
by treaty or other international agreement), amphibian, reptile, 
mollusk, crustacean, arthropod or other invertebrate, and includes any 
part, product, egg, or offspring thereof, or the dead body or parts 
thereof.
    Wing net (butterfly trawl) means a trawl that is fished along the 
side of the vessel and that is held open by a four-sided, rigid frame 
attached to the outrigger of the vessel.

[64 FR 14054, Mar. 23, 1999, as amended at 64 FR 60731, Nov. 8, 1999; 67 
FR 13101, Mar. 21, 2002; 67 FR 41203, June 17, 2002; 67 FR 71899, Dec. 
3, 2002; 68 FR 8467, Feb. 21, 2003; 68 FR 17562, Apr. 10, 2003; 69 FR 
25011, May 5, 2004; 70 FR 1832, Jan. 11, 2005; 71 FR 36032, June 23, 
2006; 71 FR 50372, Aug. 25, 2006; 74 FR 46933, Sept. 14, 2009]



Sec. 222.103  Federal/state cooperation in the conservation of 
endangered and threatened species.

    (a) Application for and renewal of cooperative agreements. (1) The 
Assistant Administrator may enter into a Cooperative Agreement with any 
state that establishes and maintains an active and adequate program for 
the conservation of resident species listed as endangered or threatened. 
In order for a state program to be deemed an adequate and active 
program, the Assistant Administrator must find, and annually reconfirm 
that the criteria of either sections 6(c)(1) (A) through (E) or sections 
6(c)(1) (i) and (ii) of the Act have been satisfied.
    (2) Following receipt of an application by a state for a Cooperative 
Agreement with a copy of a proposed state program, and a determination 
by the Assistant Administrator that the state program is adequate and 
active, the Assistant Administrator shall enter into an Agreement with 
the state.
    (3) The Cooperative Agreement, as well as the Assistant 
Administrator's finding upon which it is based, must be reconfirmed 
annually to ensure that it reflects new laws, species lists, rules or 
regulations, and programs and to demonstrate that it is still adequate 
and active.
    (b) Allocation and availability of funds. (1) The Assistant 
Administrator shall allocate funds, appropriated for the purpose of 
carrying out section 6 of the Act, to various states using the following 
as the basis for the determination:
    (i) The international commitments of the United States to protect 
endangered or threatened species;
    (ii) The readiness of a state to proceed with a conservation program 
consistent with the objectives and purposes of the Act;
    (iii) The number of federally listed endangered and threatened 
species within a state;
    (iv) The potential for restoring endangered and threatened species 
within a state; and
    (v) The relative urgency to initiate a program to restore and 
protect an endangered or threatened species in terms of survival of the 
species.
    (2) Funds allocated to a state are available for obligation during 
the fiscal year for which they are allocated and until the close of the 
succeeding fiscal year. Obligation of allocated funds occurs when an 
award or contract is signed by the Assistant Administrator.
    (c) Financial assistance and payments. (1) A state must enter into a 
Cooperative Agreement before financial assistance is approved by the 
Assistant Administrator for endangered or threatened species projects. 
Specifically, the Agreement must contain the actions that are to be 
taken by the Assistant Administrator and/or by the state, the benefits 
to listed species expected to be derived from these actions, and the 
estimated cost of these actions.
    (2) Subsequent to such Agreement, the Assistant Administrator may 
further agree with a state to provide financial assistance in the 
development and implementation of acceptable

[[Page 279]]

projects for the conservation of endangered and threatened species. 
Documents to provide financial assistance will consist of an application 
for Federal assistance and an award or a contract. The availability of 
Federal funds shall be contingent upon the continued existence of the 
Cooperative Agreement and compliance with all applicable Federal 
regulations for grant administration and cost accounting principles.
    (3)(i) The payment of the Federal share of costs incurred when 
conducting activities included under a contract or award shall not 
exceed 75 percent of the program costs as stated in the agreement. 
However, the Federal share may be increased to 90 percent when two or 
more states having a common interest in one or more endangered or 
threatened resident species, the conservation of which may be enhanced 
by cooperation of such states, jointly enter into an agreement with the 
Assistant Administrator.
    (ii) The state share of program costs may be in the form of cash or 
in-kind contributions, including real property, subject to applicable 
Federal regulations.
    (4) Payments of funds, including payment of such preliminary costs 
and expenses as may be incurred in connection with projects, shall not 
be made unless all necessary or required documents are first submitted 
to and approved by the Assistant Administrator. Payments shall only be 
made for expenditures reported and certified by the state agency. 
Payments shall be made only to the state office or official designated 
by the state agency and authorized under the laws of the state to 
receive public funds for the state.



Subpart B_Certificates of Exemption for Pre-Act Endangered Species Parts



Sec. 222.201  General requirements.

    (a) The Assistant Administrator may exempt any pre-Act endangered 
species part from the prohibitions of sections 9(a)(1)(A), 9(a)(1)(E), 
or 9(a)(1)(F) of the Act.
    (1) No person shall engage in any activities identified in such 
sections of the Act that involve any pre-Act endangered species part 
without a valid Certificate of Exemption issued pursuant to this subpart 
B.
    (2) No person may export, deliver, receive, carry, transport or ship 
in interstate or foreign commerce in the course of a commercial 
activity; or sell or offer for sale in interstate or foreign commerce 
any pre-Act finished scrimshaw product unless that person has been 
issued a valid Certificate of Exemption and the product or the raw 
material for such product was held by such certificate holder on October 
13, 1982.
    (3) Any person engaged in activities otherwise prohibited under the 
Act or regulations shall bear the burden of proving that the exemption 
or certificate is applicable, was granted, and was valid and in force at 
the time of the otherwise prohibited activity.
    (b) Certificates of Exemption issued under this subpart are no 
longer available to new applicants. However, the Assistant Administrator 
may renew or modify existing Certificates of Exemptions as authorized by 
the provisions set forth in this subpart.
    (c) Any person granted a Certificate of Exemption, including a 
renewal, under this subpart, upon a sale of any exempted pre-Act 
endangered species part, must provide the purchaser in writing with a 
description (including full identification number) of the part sold and 
must inform the purchaser in writing of the purchaser's obligation under 
paragraph (b) of this section, including the address given in the 
certificate to which the purchaser's report is to be sent.
    (d) Any purchaser of pre-Act endangered species parts included in a 
valid Certificate of Exemption, unless an ultimate user, within 30 days 
after the receipt of such parts, must submit a written report to the 
address given in the certificate. The report must specify the quantity 
of such parts or products received, the name and address of the seller, 
a copy of the invoice or other document showing the serial numbers, 
weight, and descriptions of the parts or products received, the date on 
which such parts or products were received, and the intended use of such 
parts by the purchaser. The term ``ultimate user'', for purposes of this 
paragraph,

[[Page 280]]

means any person who acquired such endangered species part or product 
for his or her own consumption or for other personal use (including 
gifts) and not for resale.



Sec. 222.202  Certificate renewal.

    (a) Any person to whom a Certificate of Exemption has been issued by 
the National Marine Fisheries Service may apply to the Assistant 
Administrator for renewal of such certificate. Any person holding a 
valid Certificate of Exemption which was renewed after October 13, 1982, 
and was in effect on March 31, 1988, may apply to the Secretary for one 
renewal for a period not to exceed 5 years.
    (b) The sufficiency of the application shall be determined by the 
Assistant Administrator in accordance with the requirements of paragraph 
(c) of this section. At least 15 days should be allowed for processing. 
When an application for a renewal has been received and deemed 
sufficient, the Assistant Administrator shall issue a Certificate of 
Renewal to the applicant as soon as practicable.
    (c) The following information will be used as the basis for 
determining whether an application for renewal of a Certificate of 
Exemption is complete:
    (1) Title: Application for Renewal of Certificate of Exemption.
    (2) The date of application.
    (3) The identity of the applicant, including complete name, original 
Certificate of Exemption number, current address, and telephone number. 
If the applicant is a corporation, partnership, or association, set 
forth the details.
    (4) The period of time for which a renewal of the Certificate of 
Exemption is requested. However, no renewal of Certificate of Exemption, 
or right claimed thereunder, shall be effective after the close of the 
5-year period beginning on the date of the expiration of the previous 
renewal of the certificate of exemption.
    (5)(i) A complete and detailed updated inventory of all pre-Act 
endangered species parts for which the applicant seeks exemption. Each 
item on the inventory must be identified by the following information: A 
unique serial number; the weight of the item to the nearest whole gram; 
and a detailed description sufficient to permit ready identification of 
the item. Small lots, not exceeding five pounds (2,270 grams), of scraps 
or raw material, which may include or consist of one or more whole raw 
whale teeth, may be identified by a single serial number and total 
weight. All finished scrimshaw items subsequently made from a given lot 
of scrap may be identified by the lot serial number plus additional 
digits to signify the piece number of the individual finished item. 
Identification numbers will be in the following format: 00-000000-0000. 
The first two digits will be the last two digits of the appropriate 
certificate of exemption number; the next six digits, the serial number 
of the individual piece or lot of scrap or raw material; and the last 
four digits, where applicable, the piece number of an item made from a 
lot of scrap or raw material. The serial numbers for each certificate 
holder's inventory must begin with 000001, and piece numbers, where 
applicable, must begin with 0001 for each separate lot.
    (ii) Identification numbers may be affixed to inventory items by any 
means, including, but not limited to, etching the number into the item, 
attaching a label or tag bearing the number to the item, or sealing the 
item in a plastic bag, wrapper or other container bearing the number. 
The number must remain affixed to the item until the item is sold to an 
ultimate user, as defined in Sec. 222.201(d).
    (iii) No renewals will be issued for scrimshaw products in excess of 
any quantities declared in the original application for a Certificate of 
Exemption.
    (6) A Certification in the following language: I hereby certify that 
the foregoing information is complete, true, and correct to the best of 
my knowledge and belief. I understand that this information is submitted 
for the purpose of obtaining a renewal of my Certificate of Exemption 
under the Endangered Species Act, as amended, and the Department of 
Commerce regulations issued thereunder, and that any false statement may 
subject me to the criminal penalties of 18 U.S.C. 1001, or to the 
penalties under the Act.
    (7) Signature of the applicant.

[[Page 281]]

    (d) Upon receipt of an incomplete or improperly executed application 
for renewal, the applicant shall be notified of the deficiency in the 
application for renewal. If the application for renewal is not corrected 
and received by the Assistant Administrator within 30 days following the 
date of receipt of notification, the application for renewal shall be 
considered abandoned.



Sec. 222.203  Modification, amendment, suspension, and revocation 
of certificates.

    (a) When circumstances have changed so that an applicant or 
certificate holder desires to have any material, term, or condition of 
the application or certificate modified, the applicant or certificate 
holder must submit in writing full justification and supporting 
information in conformance with the provisions of this part.
    (b) All certificates are issued subject to the condition that the 
Assistant Administrator reserves the right to amend the provisions of a 
Certificate of Exemption for just cause at any time. Such amendments 
take effect on the date of notification, unless otherwise specified.
    (c) Any violation of the applicable provisions of parts 222, 223, or 
224 of this chapter, or of the Act, or of a condition of the certificate 
may subject the certificate holder to penalties provided in the Act and 
to suspension, revocation, or modification of the Certificate of 
Exemption, as provided in subpart D of 15 CFR part 904.



Sec. 222.204  Administration of certificates.

    (a) The Certificate of Exemption covers the business or activity 
specified in the Certificate of Exemption at the address described 
therein. No Certificate of Exemption is required to cover a separate 
warehouse facility used by the certificate holder solely for storage of 
pre-Act endangered species parts, if the records required by this 
subpart are maintained at the address specified in the Certificate of 
Exemption served by the warehouse or storage facility.
    (b) Certificates of Exemption issued under this subpart are not 
transferable. However, in the event of the lease, sale, or other 
transfer of the operations or activity authorized by the Certificate of 
Exemption, the successor is not required to obtain a new Certificate of 
Exemption prior to commencing such operations or activity. In such case, 
the successor will be treated as a purchaser and must comply with the 
record and reporting requirements set forth in Sec. 222.201(d).
    (c) The Certificate of Exemption holder must notify the Assistant 
Administrator, in writing, of any change in address, in trade name of 
the business, or in activity specified in the certificate. The Assistant 
Administrator must be notified within 10 days of a change of address, 
and within 30 days of a change in trade name. The certificate with the 
change of address or in trade name must be endorsed by the Assistant 
Administrator, who shall provide an amended certificate to the person to 
whom it was issued. A certificate holder who seeks amendment of a 
certificate may continue all authorized activities while awaiting action 
by the Assistant Administrator.
    (d) A Certificate of Exemption issued under this subpart confers no 
right or privilege to conduct a business or an activity contrary to 
state or other law. Similarly, compliance with the provisions of any 
state or other law affords no immunity under any Federal laws or 
regulations of any other Federal agency.
    (e) Any person authorized to enforce the Act may enter the premises 
of any Certificate of Exemption holder or of any purchaser during 
business hours, including places of storage, for the purpose of 
inspecting or of examining any records or documents and any endangered 
species parts.
    (f) The records pertaining to pre-Act endangered species parts 
prescribed by this subpart shall be in permanent form and shall be 
retained at the address shown on the Certificate of Exemption or at the 
principal address of a purchaser in the manner prescribed by this 
subpart.
    (g)(1) Holders of Certificates of Exemption must maintain records of 
all pre-Act endangered species parts they receive, sell, transfer, 
distribute or dispose of otherwise. Purchasers of pre-Act endangered 
species parts, unless ultimate users, as defined in

[[Page 282]]

Sec. 222.201(d), must similarly maintain records of all such parts or 
products they receive.
    (2) Such records referred to in paragraph (g)(1) of this section may 
consist of invoices or other commercial records, which must be filed in 
an orderly manner separate from other commercial records maintained and 
be readily available for inspection. Such records must show the name and 
address of the purchaser, seller, or other transferor; show the type, 
quantity, and identity of the part or product; show the date of such 
sale or transfer; and be retained, in accordance with the requirements 
of this subpart, for a period of not less than 3 years following the 
date of sale or transfer. Each pre-Act endangered species part will be 
identified by its number on the updated inventory required to renew a 
Certificate of Exemption.
    (i) Each Certificate of Exemption holder must submit a quarterly 
report (to the address given in the certificate) containing all record 
information required by paragraph (g)(2) of this section, on all 
transfers of pre-Act endangered species parts made in the previous 
calendar quarter, or such other record information the Assistant 
Administrator may specify from time to time.
    (ii) Quarterly reports are due on January 15, April 15, July 15, and 
October 15.
    (3) The Assistant Administrator may authorize the record information 
to be submitted in a manner other than that prescribed in paragraph 
(g)(2) of this section when the record holder demonstrates that an 
alternate method of reporting is reasonably necessary and will not 
hinder the effective administration or enforcement of this subpart.



Sec. 222.205  Import and export requirements.

    (a) Any fish and wildlife subject to the jurisdiction of the 
National Marine Fisheries Service and is intended for importation into 
or exportation from the United States, shall not be imported or exported 
except at a port(s) designated by the Secretary of the Interior. 
Shellfish and fishery products that are neither endangered nor 
threatened species and that are imported for purposes of human or animal 
consumption or taken in waters under the jurisdiction of the United 
States or on the high seas for recreational purposes are excluded from 
this requirement. The Secretary of the Interior may permit the 
importation or exportation at nondesignated ports in the interest of the 
health or safety of the species for other reasons if the Secretary deems 
it appropriate and consistent with the purpose of facilitating 
enforcement of the Act and reducing the costs thereof. Importers and 
exporters are advised to see 50 CFR part 14 for importation and 
exportation requirements and information.
    (b) No pre-Act endangered species part shall be imported into the 
United States. A Certificate of Exemption issued in accordance with the 
provisions of this subpart confers no right or privilege to import into 
the United States any such part.
    (c)(1) Any person exporting from the United States any pre-Act 
endangered species part must possess a valid Certificate of Exemption 
issued in accordance with the provisions of this subpart. In addition, 
the exporter must provide to the Assistant Administrator, in writing, 
not less than 10 days prior to shipment, the following information: The 
name and address of the foreign consignee, the intended port of 
exportation, and a complete description of the parts to be exported. No 
shipment may be made until these requirements are met by the exporter.
    (2) The exporter must send a copy of the Certificate of Exemption, 
and any endorsements thereto, to the District Director of Customs at the 
port of exportation, which must precede or accompany the shipment in 
order to permit the appropriate inspection prior to lading. Upon 
receipt, the District Director may order such inspection, as deemed 
necessary; the District will clear the merchandise for export, prior to 
the lading of the merchandise. If they are satisfied that the shipment 
is proper and complies with the information contained in the certificate 
and any endorsement thereto. The certificate, and any endorsements, will 
be forwarded to the Chief of the Office of Enforcement for NMFS.

[[Page 283]]

    (3) No pre-Act endangered species part in compliance with the 
requirements of this subpart may be exported except at a port or ports 
designated by the Secretary of the Interior, pursuant to Sec. 222.103.
    (4) Notwithstanding any provision of this subpart, it shall not be 
required that the Assistant Administrator authorizes the transportation 
in interstate or foreign commerce of pre-Act endangered species parts.

    Effective Date Note: At 64 FR 14054, Mar. 23, 1999, part 222 was 
revised, effective Mar. 23, 1999, with the exception of Sec. 222.205, 
paragraphs (c)(1) and (2), which contain information collection and 
recordkeeping requirements and will not become effective until approval 
has been given by the Office of Management and Budget.



                   Subpart C_General Permit Procedures



Sec. 222.301  General requirements.

    (a)(1) The regulations in this subpart C provide uniform rules and 
procedures for application, issuance, renewal, conditions, and general 
administration of permits issuable pursuant to parts 222, 223, and 224 
of this chapter. While this section provides generic rules and 
procedures applicable to all permits, other sections may provide more 
specific rules and procedures with respect to certain types of permits. 
In such cases, the requirements in all applicable sections must be 
satisfied.
    (2) Notwithstanding paragraph (a)(1) of this section, the Assistant 
Administrator may approve variations from the requirements of parts 222, 
223, and 224 of this chapter when the Assistant Administrator finds that 
an emergency exists and that the proposed variations will not hinder 
effective administration of those parts and will not be unlawful. Other 
sections within parts 222, 223, and 224 of this chapter may allow for a 
waiver or variation of specific requirements for emergency situations, 
upon certain conditions. In such cases, those conditions must be 
satisfied in order for the waiver or variation to be lawful.
    (b) No person shall take, import, export or engage in any other 
prohibited activity involving any species of fish or wildlife under the 
jurisdiction of the Secretary of Commerce that has been determined to be 
endangered under the Act, or that has been determined to be threatened 
and for which the prohibitions of section 9(a)(1) of the Act have been 
applied by regulation, without a valid permit issued pursuant to these 
regulations. The permit shall entitle the person to whom it is issued to 
engage in the activity specified in the permit, subject to the 
limitations of the Act and the regulations in parts 222, 223, and 224 of 
this chapter, for the period stated on the permit, unless sooner 
modified, suspended or revoked.
    (c) Each person intending to engage in an activity for which a 
permit is required by parts 222, 223, and 224 of this chapter or by the 
Act shall, before commencing such activity, obtain a valid permit 
authorizing such activity. Any person who desires to obtain permit 
privileges authorized by parts 222, 223, and 224 of this chapter must 
apply for such permit in accordance with the requirements of these 
sections. If the information required for each specific, permitted 
activity is included, one application may be accepted for all permits 
required, and a single permit may be issued.
    (d)(1) Any permit issued under these regulations must be in the 
possession of the person to whom it is issued (or of an agent of such 
person) while any animal subject to the permit is in the possession of 
such person or agent. Specifically, a person or his/her agent must be in 
possession of a permit during the time of the authorized taking, 
importation, exportation, or of any other act and during the period of 
any transit incident to such taking, importation, exportation, or to any 
other act.
    (2) A duplicate copy of the issued permit must be physically 
attached to the tank, container, package, enclosure, or other means of 
containment, in which the animal is placed for purposes of storage, 
transit, supervision, or care.
    (e) The authorizations on the face of a permit setting forth 
specific times, dates, places, methods of taking, numbers and kinds of 
fish or wildlife, location of activity, authorize certain circumscribed 
transactions, or otherwise permit a specifically limited matter, are to 
be strictly construed and shall

[[Page 284]]

not be interpreted to permit similar or related matters outside the 
scope of strict construction.
    (f) Permits shall not be altered, erased, or mutilated, and any 
permit which has been altered, erased, or mutilated shall immediately 
become invalid.
    (g) Any permit issued under parts 222, 223, and 224 of this chapter 
shall be displayed for inspection, upon request, to an authorized 
officer, or to any other person relying upon its existence.
    (h) Permittees may be required to file reports of the activities 
conducted under the permit. Any such reports shall be filed not later 
than March 31 for the preceding calendar year ending December 31, or any 
portion thereof, during which a permit was in force, unless the 
regulations of parts 222, 223, or 224 of this chapter or the provisions 
of the permit set forth other reporting requirements.
    (i) From the date of issuance of the permit, the permittee shall 
maintain complete and accurate records of any taking, possession, 
transportation, sale, purchase, barter, exportation, or importation of 
fish or wildlife pursuant to such permit. Such records shall be kept 
current and shall include the names and addresses of persons with whom 
any fish or wildlife has been purchased, sold, bartered, or otherwise 
transferred, and the date of such transaction, and such other 
information as may be required or appropriate. Such records, unless 
otherwise specified, shall be entered in books, legibly written in the 
English language. Such records shall be retained for 5 years from the 
date of issuance of the permit.
    (j) Any person holding a permit pursuant to parts 222, 223, and 224 
of this chapter shall allow the Assistant Administrator to enter the 
permit holder's premises at any reasonable hour to inspect any fish or 
wildlife held or to inspect, audit, or copy any permits, books, or 
records required to be kept by these regulations or by the Act. Such 
person shall display any permit issued pursuant to these regulations or 
to the Act upon request by an authorized officer or by any other person 
relying on its existence.



Sec. 222.302  Procedure for obtaining permits.

    (a) Applications must be submitted to the Assistant Administrator, 
by letter containing all necessary information, attachments, 
certification, and signature, as specified by the regulations in parts 
222, 223, and 224 of this chapter, or by the Act. In no case, other than 
for emergencies pursuant to Sec. 222.301(a)(2), will applications be 
accepted either orally or by telephone.
    (b) Applications must be received by the Assistant Administrator at 
least 90 calendar days prior to the date on which the applicant desires 
to have the permit made effective, unless otherwise specified in the 
regulations or guidelines pertaining to a particular permit. The 
National Marine Fisheries Service will attempt to process applications 
deemed sufficient in the shortest possible time, but does not guarantee 
that the permit will be issued 90 days after notice of receipt of the 
application is published in the Federal Register.
    (c)(1) Upon receipt of an insufficiently or improperly executed 
application, the applicant shall be notified of the deficiency in the 
application. If the applicant fails to supply the deficient information 
or otherwise fails to correct the deficiency within 60 days following 
the date of notification, the application shall be considered abandoned.
    (2) The sufficiency of the application shall be determined by the 
Assistant Administrator in accordance with the requirements of this 
part. The Assistant Administrator, however, may waive any requirement 
for information or require any elaboration or further information deemed 
necessary.



Sec. 222.303  Issuance of permits.

    (a)(1) No permit may be issued prior to the receipt of a written 
application unless an emergency pursuant to Sec. 222.301(a)(2) exists, 
and a written variation from the requirements is recorded by the 
National Marine Fisheries Service.
    (2) No representation of an employee or agent of the United States 
shall be construed as a permit unless it meets the requirements of a 
permit defined in Sec. 222.102.

[[Page 285]]

    (3) Each permit shall bear a serial number. Upon renewal, such a 
number may be reassigned to the permittee to whom issued so long as the 
permittee maintains continuity of renewal.
    (b) When an application for a permit received by the Assistant 
Administrator is deemed sufficient, the Assistant Administrator shall, 
as soon as practicable, publish a notice in the Federal Register. 
Information received by the Assistant Administrator as a part of the 
application shall be available to the public as a matter of public 
record at every stage of the proceeding. An interested party, within 30 
days after the date of publication of such notice, may submit to the 
Assistant Administrator written data, views, or arguments with respect 
to the taking, importation, or to other action proposed in the 
application, and may request a hearing in connection with the action to 
be taken thereon.
    (c) If a request for a hearing is made within the 30-day period 
referred to in paragraph (b) of this section, or if the Assistant 
Administrator determines that a hearing would otherwise be advisable, 
the Assistant Administrator may, within 60 days after the date of 
publication of the notice referred to in paragraph (b) of this section, 
afford to such requesting party or parties an opportunity for a hearing. 
Such hearing shall also be open to participation by any interested 
members of the public. Notice of the date, time, and place of such 
hearing shall be published in the Federal Register not less than 15 days 
in advance of such hearing. Any interested person may appear at the 
hearing in person or through a representative and may submit any 
relevant material, data, views, comments, arguments, or exhibits. A 
summary record of the hearing shall be kept.
    (d) Except as provided in subpart D to 15 CFR part 904, as soon as 
practicable but not later than 30 days after the close of the hearing. 
If no hearing is held, as soon as practicable but not later than 30 days 
from the publication of the notice in the Federal Register, the 
Assistant Administrator shall issue or deny issuance of the permit. 
Notice of the decision of the Assistant Administrator shall be published 
in the Federal Register within 10 days after the date of the issuance or 
denial and indicate where copies of the permit, if issued, may be 
obtained.
    (e)(1) The Assistant Administrator shall issue the permit unless:
    (i) Denial of the permit has been made pursuant to subpart D to 15 
CFR part 904;
    (ii) The applicant has failed to disclose material or information 
required, or has made false statements as to any material fact, in 
connection with the application;
    (iii) The applicant has failed to demonstrate a valid justification 
for the permit or a showing of responsibility;
    (iv) The authorization requested potentially threatens a fish or 
wildlife population; or
    (v) The Assistant Administrator finds through further inquiry or 
investigation, or otherwise, that the applicant is not qualified.
    (2) The applicant shall be notified in writing of the denial of any 
permit request, and the reasons thereof. If authorized in the notice of 
denial, the applicant may submit further information or reasons why the 
permit should not be denied. Such further information shall not be 
considered a new application. The final action by the Assistant 
Administrator shall be considered the final administrative decision of 
the Department of Commerce.
    (f) If a permit is issued under Sec. 222.308, the Assistant 
Administrator shall publish notice thereof in the Federal Register, 
including the Assistant Administrator's finding that such permit--
    (1) Was applied for in good faith;
    (2) Will not operate to the disadvantage of such endangered species; 
and
    (3) Will be consistent with the purposes and policy set forth in 
section 2 of the Act.
    (g) The Assistant Administrator may waive the 30-day period in an 
emergency situation where the health or life of an endangered animal is 
threatened and no reasonable alternative is available to the applicant. 
Notice of any such waiver shall be published by the Assistant 
Administrator in the Federal Register within 10 days following the 
issuance of the permit.

[[Page 286]]



Sec. 222.304  Renewal of permits.

    When the permit is renewable and a permittee intends to continue the 
activity described in the permit during any portion of the year ensuing 
its expiration, the permittee shall, unless otherwise notified in 
writing by the Assistant Administrator, file a request for permit 
renewal, together with a certified statement, verifying that the 
information in the original application is still currently correct. If 
the information is incorrect the permittee shall file a statement of all 
changes in the original application, accompanied by any required fee at 
least 30 days prior to the expiration of the permit. Any person holding 
a valid renewable permit, who has complied with the foregoing provision 
of this section, may continue such activities as were authorized by the 
expired permit until the renewal application is acted upon.



Sec. 222.305  Rights of succession and transfer of permits.

    (a)(1) Except as otherwise provided in this section, permits issued 
pursuant to parts 222, 223, and 224 of this chapter are not transferable 
or assignable. In the event that a permit authorizes certain business 
activities in connection with a business or commercial enterprise, which 
is then subject to any subsequent lease, sale or transfer, the successor 
to that enterprise must obtain a permit prior to continuing the 
permitted activity, with the exceptions provided in paragraphs (a)(2) 
and (a)(3) of this section.
    (2) Certain persons, other than the permittee, are granted the right 
to carry on a permitted activity for the remainder of the term of a 
current permit, provided that they furnish the permit to the issuing 
officer for endorsement within 90 days from the date the successor 
begins to carry on the activity. Such persons are the following:
    (i) The surviving spouse, child, executor, administrator, or other 
legal representative of a deceased permittee, and
    (ii) The receiver or trustee in bankruptcy or a court designated 
assignee for the benefit of creditors.
    (3) Incidental take permits issued under Sec. 222.307, and 
enhancement permits issued under Sec. 222.308, as part of a Safe Harbor 
Agreement with Assurances or Candidate Conservation Agreement with 
Assurances, may be transferred in whole or in part through a joint 
submission by the permittee and the proposed transferee, or in the case 
of a deceased permittee, the deceased permittee's legal representative 
and the proposed transferee, provided NMFS determines in writing that:
    (i) The proposed transferee meets all of the qualifications under 
parts 222, 223, or 224 (as applicable) for holding a permit;
    (ii) The proposed transferee has provided adequate written 
assurances that it will provide sufficient funding for the conservation 
plan or other agreement or plan associated with the permit and will 
implement the relevant terms and conditions of the permit, including any 
outstanding minimization and mitigation requirements; and
    (iii) The proposed transferee has provided such other information as 
NMFS determines is relevant to process the transfer.
    (b) Except as otherwise stated on the face of the permit, any person 
who is under the direct control of the permittee, or who is employed by 
or under contract to the permittee for purposes authorized by the 
permit, may carry out the activity authorized by the permit.

[64 FR 14054, Mar. 23, 1999, as amended at 67 FR 57973, Sept. 13, 2002]

    Effective Date Note: At 64 FR 14054, Mar. 23, 1999, part 222 was 
revised, effective Mar. 23, 1999, with the exception of Sec. 222.305, 
paragraph (a), which contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 222.306  Modification, amendment, suspension, cancellation,
and revocation of permits.

    (a) When circumstances have changed so that an applicant or a 
permittee desires to have any term or condition of the application or 
permit modified, the applicant or permittee must submit in writing full 
justification and supporting information in conformance with the 
provisions of this part and the part under which the permit has been 
issued or requested. Such applications

[[Page 287]]

for modification are subject to the same issuance criteria as original 
applications.
    (b) Notwithstanding the requirements of paragraph (a) of this 
section, a permittee may change the mailing address or trade name under 
which business is conducted without obtaining a new permit or being 
subject to the same issuance criteria as original permits. The permittee 
must notify the Assistant Administrator, in writing within 30 days, of 
any change in address or of any change in the trade name for the 
business or activity specified in the permit. The permit with the change 
of address or in trade name must be endorsed by the Assistant 
Administrator, who shall provide an amended permit to the person to whom 
it was issued.
    (c) All permits are issued subject to the condition that the 
National Marine Fisheries Service reserves the right to amend the 
provisions of a permit for just cause at any time during its term. Such 
amendments take effect on the date of notification, unless otherwise 
specified.
    (d) When any permittee discontinues the permitted activity, the 
permittee shall, within 30 days thereof, mail the permit and a request 
for cancellation to the issuing officer, and the permit shall be deemed 
void upon receipt. No refund of any part of an amount paid as a permit 
fee shall be made when the operations of the permittee are, for any 
reason, discontinued during the tenure of an issued permit.
    (e) Any violation of the applicable provisions of parts 222, 223, or 
224 of this chapter, or of the Act, or of a term or condition of the 
permit may subject the permittee to both the penalties provided in the 
Act and suspension, revocation, or amendment of the permit, as provided 
in subpart D to 15 CFR part 904.



Sec. 222.307  Permits for incidental taking of species.

    (a) Scope. (1) The Assistant Administrator may issue permits to take 
endangered and threatened species incidentally to an otherwise lawful 
activity under section 10(a)(1)(B) of the Act. The regulations in this 
section apply to all endangered species, and those threatened species 
for which the prohibitions of section 9(a)(1) of the Act, under the 
jurisdiction of the Secretary of Commerce, apply.
    (2) If the applicant represents an individual or a single entity, 
such as a corporation, the Assistant Administrator will issue an 
individual incidental take permit. If the applicant represents a group 
or organization whose members conduct the same or a similar activity in 
the same geographical area with similar impacts on listed species for 
which a permit is required, the Assistant Administrator will issue a 
general incidental take permit. To be covered by a general incidental 
take permit, each individual conducting the activity must have a 
certificate of inclusion issued under paragraph (f) of this section.
    (b) Permit application procedures. Applications should be sent to 
the Assistant Administrator. The Assistant Administrator shall determine 
the sufficiency of the application in accordance with the requirements 
of this section. At least 120 days should be allowed for processing. 
Each application must be signed and dated and must include the 
following:
    (1) The type of application, either:
    (i) Application for an Individual Incidental Take Permit under the 
Act; or
    (ii) Application for a General Incidental Take Permit under the Act;
    (2) The name, address, and telephone number of the applicant. If the 
applicant is a partnership or a corporate entity or is representing a 
group or an organization, the applicable details;
    (3) The species or stocks, by common and scientific name, and a 
description of the status, distribution, seasonal distribution, habitat 
needs, feeding habits and other biological requirements of the affected 
species or stocks;
    (4) A detailed description of the proposed activity, including the 
anticipated dates, duration, and specific location. If the request is 
for a general incidental take permit, an estimate of the total level of 
activity expected to be conducted;
    (5) A conservation plan, based on the best scientific and commercial 
data available, which specifies the following:

[[Page 288]]

    (i) The anticipated impact (i.e., amount, extent, and type of 
anticipated taking) of the proposed activity on the species or stocks;
    (ii) The anticipated impact of the proposed activity on the habitat 
of the species or stocks and the likelihood of restoration of the 
affected habitat;
    (iii) The steps (specialized equipment, methods of conducting 
activities, or other means) that will be taken to monitor, minimize, and 
mitigate such impacts, and the funding available to implement such 
measures;
    (iv) The alternative actions to such taking that were considered and 
the reasons why those alternatives are not being used; and
    (v) A list of all sources of data used in preparation of the plan, 
including reference reports, environmental assessments and impact 
statements, and personal communications with recognized experts on the 
species or activity who may have access to data not published in current 
literature.
    (c) Issuance criteria. (1) In determining whether to issue a permit, 
the Assistant Administrator will consider the following:
    (i) The status of the affected species or stocks;
    (ii) The potential severity of direct, indirect, and cumulative 
impacts on the species or stocks and habitat as a result of the proposed 
activity;
    (iii) The availability of effective monitoring techniques;
    (iv) The use of the best available technology for minimizing or 
mitigating impacts; and
    (v) The views of the public, scientists, and other interested 
parties knowledgeable of the species or stocks or other matters related 
to the application.
    (2) To issue the permit, the Assistant Administrator must find 
that--
    (i) The taking will be incidental;
    (ii) The applicant will, to the maximum extent practicable, monitor, 
minimize, and mitigate the impacts of such taking;
    (iii) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild;
    (iv) The applicant has amended the conservation plan to include any 
measures (not originally proposed by the applicant) that the Assistant 
Administrator determines are necessary or appropriate; and
    (v) There are adequate assurances that the conservation plan will be 
funded and implemented, including any measures required by the Assistant 
Administrator.
    (d) Permit conditions. In addition to the general conditions set 
forth in this part, every permit issued under this section will contain 
such terms and conditions as the Assistant Administrator deems necessary 
and appropriate, including, but not limited to the following:
    (1) Reporting requirements or rights of inspection for determining 
whether the terms and conditions are being complied with;
    (2) The species and number of animals covered;
    (3) The authorized method of taking;
    (4) The procedures to be used to handle or dispose of any animals 
taken; and
    (5) The payment of an adequate fee to the National Marine Fisheries 
Service to process the application.
    (e) Duration of permits. The duration of permits issued under this 
section will be such as to provide adequate assurances to the permit 
holder to commit funding necessary for the activities authorized by the 
permit, including conservation activities. In determining the duration 
of a permit, the Assistant Administrator will consider the duration of 
the proposed activities, as well as the possible positive and negative 
effects on listed species associated with issuing a permit of the 
proposed duration, including the extent to which the conservation plan 
is likely to enhance the habitat of the endangered species or to 
increase the long-term survivability of the species.
    (f) Certificates of inclusion. (1) Any individual who wishes to 
conduct an activity covered by a general incidental take permit must 
apply to the Assistant Administrator for a Certificate of Inclusion. 
Each application must be signed and dated and must include the 
following:
    (i) The general incidental take permit under which the applicant 
wants coverage;

[[Page 289]]

    (ii) The name, address, and telephone number of the applicant. If 
the applicant is a partnership or a corporate entity, the applicable 
details;
    (iii) A description of the activity the applicant seeks to have 
covered under the general incidental take permit, including the 
anticipated dates, duration, and specific location; and
    (iv) A signed certification that the applicant has read and 
understands the general incidental take permit and the conservation 
plan, will comply with their terms and conditions, and will fund and 
implement applicable measures of the conservation plan.
    (2) To issue a Certificate of Inclusion, the Assistant Administrator 
must find that:
    (i) The applicant will be engaged in the activity covered by the 
general permit, and
    (ii) The applicant has made adequate assurances that the applicable 
measures of the conservation plan will be funded and implemented.
    (g) Assurances provided to permittee in case of changed or 
unforeseen circumstances. The assurances in this paragraph (g) apply 
only to incidental take permits issued in accordance with paragraph (c) 
of this section where the conservation plan is being properly 
implemented, and apply only with respect to species adequately covered 
by the conservation plan. These assurances cannot be provided to Federal 
agencies. This rule does not apply to incidental take permits issued 
prior to March 25, 1998. The assurances provided in incidental take 
permits issued prior to March 25, 1998, remain in effect, and those 
permits will not be revised as a result of this rulemaking.
    (1) Changed circumstances provided for in the plan. If additional 
conservation and mitigation measures are deemed necessary to respond to 
changed circumstances and were provided for in the plan's operating 
conservation program, the permittee will implement the measures 
specified in the plan.
    (2) Changed circumstances not provided for in the plan. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and such measures were not provided for 
in the plan's operating conservation program, NMFS will not require any 
conservation and mitigation measures in addition to those provided for 
in the plan without the consent of the permittee, provided the plan is 
being properly implemented.
    (3) Unforeseen circumstances. (i) In negotiating unforeseen 
circumstances, NMFS will not require the commitment of additional land, 
water, or financial compensation or additional restrictions on the use 
of land, water, or other natural resources beyond the level otherwise 
agreed upon for the species covered by the conservation plan without the 
consent of the permittee.
    (ii) If additional conservation and mitigation measures are deemed 
necessary to respond to unforeseen circumstances, NMFS may require 
additional measures of the permittee where the conservation plan is 
being properly implemented. However, such additional measures are 
limited to modifications within any conserved habitat areas or to the 
conservation plan's operating conservation program for the affected 
species. The original terms of the conservation plan will be maintained 
to the maximum extent possible. Additional conservation and mitigation 
measures will not involve the commitment of additional land, water, or 
financial compensation or additional restrictions on the use of land, 
water, or other natural resources otherwise available for development or 
use under the original terms of the conservation plan without the 
consent of the permittee.
    (iii) NMFS has the burden of demonstrating that unforeseen 
circumstances exist, using the best scientific and commercial data 
available. These findings must be clearly documented and based upon 
reliable technical information regarding the status and habitat 
requirements of the affected species. NMFS will consider, but not be 
limited to, the following factors:
    (A) Size of the current range of the affected species;
    (B) Percentage of range adversely affected by the conservation plan;
    (C) Percentage of range conserved by the conservation plan;
    (D) Ecological significance of that portion of the range affected by 
the conservation plan;

[[Page 290]]

    (E) Level of knowledge about the affected species and the degree of 
specificity of the species' conservation program under the conservation 
plan; and
    (F) Whether failure to adopt additional conservation measures would 
appreciably reduce the likelihood of survival and recovery of the 
affected species in the wild.
    (h) Nothing in this rule will be construed to limit or constrain the 
Assistant Administrator, any Federal, State, local, or Tribal government 
agency, or a private entity, from taking additional actions at his or 
her own expense to protect or conserve a species included in a 
conservation plan.



Sec. 222.308  Permits for scientific purposes or for the enhancement
of propagation or survival of species.

    (a) Scope. The Assistant Administrator may issue permits for 
scientific purposes or for the enhancement of the propagation or 
survival of the affected endangered or threatened species in accordance 
with the regulations in parts 222, 223, and 224 of this chapter and 
under such terms and conditions as the Assistant Administrator may 
prescribe, authorizing the taking, importation, or other acts otherwise 
prohibited by section 9 of the Act. Within the jurisdication of a State, 
more restrictive state laws or regulations in regard to endangered 
species shall prevail in regard to taking. Proof of compliance with 
applicable state laws will be required before a permit will be issued.
    (b) Application procedures. Any person desiring to obtain such a 
permit may make application therefor to the Assistant Administrator. 
Permits for marine mammals shall be issued in accordance with the 
provisions of part 216, subpart D of this chapter. Permits relating to 
sea turtles may involve the Fish and Wildlife Service, in which case the 
applicant shall follow the procedures set out in Sec. 222.309. The 
following information will be used as the basis for determining whether 
an application is complete and whether a permit for scientific purposes 
or for enhancement of propagation or survival of the affected species 
should be issued by the Assistant Administrator. An application for a 
permit shall provide the following information and such other 
information that the Assistant Administrator may require:
    (1) Title, as applicable, either--
    (i) Application for permit for scientific purposes under the Act; or
    (ii) Application for permit for the enhancement of the propagation 
or survival of the endangered species Under the Act.
    (2) The date of the application.
    (3) The identity of the applicant including complete name, address, 
and telephone number. If the applicant is a partnership or a corporate 
entity, set forth the details. If the endangered species is to be 
utilized by a person other than the applicant, set forth the name of 
that person and such other information as would be required if such 
person were an applicant.
    (4) A description of the purpose of the proposed acts, including the 
following:
    (i) A detailed justification of the need for the endangered species, 
including a discussion of possible alternatives, whether or not under 
the control of the applicant; and
    (ii) A detailed description of how the species will be used.
    (5) A detailed description of the project, or program, in which the 
endangered species is to be used, including the following:
    (i) The period of time over which the project or program will be 
conducted;
    (ii) A list of the names and addresses of the sponsors or 
cooperating institutions and the scientists involved;
    (iii) A copy of the formal research proposal or contract if one has 
been prepared;
    (iv) A statement of whether the proposed project or program has 
broader significance than the individual researcher's goals. For 
example, does the proposed project or program respond directly or 
indirectly to recommendation of any national or international scientific 
body charged with research or management of the endangered species? If 
so, how?; and
    (v) A description of the arrangements, if any, for the disposition 
of any dead specimen or its skeleton or other remains in a museum or 
other institutional collection for the continued benefit to science.

[[Page 291]]

    (6) A description of the endangered species which is the subject of 
the application, including the following:
    (i) A list of each species and the number of each, including the 
common and scientific name, the subspecies (if applicable), population 
group, and range;
    (ii) A physical description of each animal, including the age, size, 
and sex;
    (iii) A list of the probable dates of capture or other taking, 
importation, exportation, and other acts which require a permit for each 
animal and the location of capture or other taking, importation, 
exportation, and other acts which require a permit, as specifically as 
possible;
    (iv) A description of the status of the stock of each species 
related insofar as possible to the location or area of taking;
    (v) A description of the manner of taking for each animal, including 
the gear to be used;
    (vi) The name and qualifications of the persons or entity which will 
capture or otherwise take the animals; and
    (vii) If the capture or other taking is to be done by a contractor, 
a statement as to whether a qualified member of your staff (include 
name(s) and qualifications) will supervise or observe the capture or 
other taking. Accompanying such statement shall be a copy of the 
proposed contract or a letter from the contractor indicating agreement 
to capture or otherwise take the animals, should a permit be granted.
    (7) A description of the manner of transportation for any live 
animal taken, imported, exported, or shipped in interstate commerce, 
including the following:
    (i) Mode of transportation;
    (ii) Name of transportation company;
    (iii) Length of time in transit for the transfer of the animal(s) 
from the capture site to the holding facility;
    (iv) Length of time in transit for any planned future move or 
transfer of the animals;
    (v) The qualifications of the common carrier or agent used for 
transportation of the animals;
    (vi) A description of the pen, tank, container, cage, cradle, or 
other devices used to hold the animal at both the capture site and 
during transportation;
    (vii) Special care before and during transportation, such as salves, 
antibiotics, moisture; and
    (viii) A statement as to whether the animals will be accompanied by 
a veterinarian or by another similarly qualified person, and the 
qualifications of such person.
    (8) Describe the contemplated care and maintenance of any live 
animals sought, including a complete description of the facilities where 
any such animals will be maintained including:
    (i) The dimensions of the pools or other holding facilities and the 
number, sex, and age of animals by species to be held in each;
    (ii) The water supply, amount, and quality;
    (iii) The diet, amount and type, for all animals;
    (iv) Sanitation practices used;
    (v) Qualifications and experience of the staff;
    (vi) A written certification from a licensed veterinarian or from a 
recognized expert who are knowledgeable on the species (or related 
species) or group covered in the application. The certificate shall 
verify that the veterinarian has personally reviewed the amendments for 
transporting and maintaining the animal(s) and that, in the 
veterinarian's opinion, they are adequate to provide for the well-being 
of the animal; and
    (vii) The availability in the future of a consulting expert or 
veterinarian meeting paragraph requirements of (b)(8)(vi) in this 
section.
    (9) A statement of willingness to participate in a cooperative 
breeding program and maintain or contribute data to a stud book.
    (10) A statement of how the applicant's proposed project or program 
will enhance or benefit the wild population.
    (11) For the 5 years preceding the date of application, the 
applicant shall provide a detailed description of all mortalities 
involving species under the control of or utilized by the applicant and 
are either presently listed as endangered species or are taxonomically 
related within the Order to the species which is the subject of this 
application, including:

[[Page 292]]

    (i) A list of all endangered species and related species that are 
the subject of this application that have been captured, transported, 
maintained, or utilized by the applicant for scientific purposes or for 
the enhancement of propagation or survival of the affected species, and/
or of related species that are captured, transported, maintained, or 
utilized by the applicant for scientific purposes or for enhancement of 
propagation or survival of the affected species;
    (ii) The numbers of mortalities among such animals by species, by 
date, by location of capture, i.e., from which population, and the 
location of such mortalities;
    (iii) The cause(s) of any such mortality; and
    (iv) The steps which have been taken by applicant to avoid or 
decrease any such mortality.
    (12) A certification in the following language: I hereby certify 
that the foregoing information is complete, true, and correct to the 
best of my knowledge and belief. I understand that this information is 
submitted for the purpose of obtaining a permit under the Endangered 
Species Act, as amended, and regulations promulgated thereunder, and 
that any false statement may subject me to the criminal penalties of 18 
U.S.C. 1001, or to penalties under the Act.
    (13) The applicant and/or an officer thereof must sign the 
application.
    (14) Assistance in completing this application may be obtained by 
writing Chief, Endangered Species Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 or 
calling the Office of Protected Resources at 301-713-1401. Allow at 
least 90 days for processing.
    (c) Issuance criteria. In determining whether to issue a permit for 
scientific purposes or to enhance the propagation or survival of the 
affected endangered species, the Assistant Administrator shall 
specifically consider, among other application criteria, the following:
    (1) Whether the permit was applied for in good faith;
    (2) Whether the permit, if granted and exercised, will not operate 
to the disadvantage of the endangered species;
    (3) Whether the permit would be consistent with the purposes and 
policy set forth in section 2 of the Act;
    (4) Whether the permit would further a bona fide and necessary or 
desirable scientific purpose or enhance the propagation or survival of 
the endangered species, taking into account the benefits anticipated to 
be derived on behalf of the endangered species;
    (5) The status of the population of the requested species and the 
effect of the proposed action on the population, both direct and 
indirect;
    (6) If a live animal is to be taken, transported, or held in 
captivity, the applicant's qualifications for the proper care and 
maintenance of the species and the adequacy of the applicant's 
facilities;
    (7) Whether alternative non-endangered species or population stocks 
can and should be used;
    (8) Whether the animal was born in captivity or was (or will be) 
taken from the wild;
    (9) Provision for disposition of the species if and when the 
applicant's project or program terminates;
    (10) How the applicant's needs, program, and facilities compare and 
relate to proposed and ongoing projects and programs;
    (11) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application; and
    (12) Opinions or views of scientists or other persons or 
organizations knowledgeable about the species which is the subject of 
the application or of other matters germane to the application.
    (d) Terms and conditions. Permits applied for under this section 
shall contain terms and conditions as the Assistant Administrator may 
deem appropriate, including but not limited to the following:
    (1) The number and kind of species covered;
    (2) The location and manner of taking;
    (3) Port of entry or export;
    (4) The methods of transportation, care, and maintenance to be used 
with live species;

[[Page 293]]

    (5) Any requirements for reports or rights of inspections with 
respect to any activities carried out pursuant to the permit;
    (6) The transferability or assignability of the permit;
    (7) The sale or other disposition of the species, its progeny, or 
the species product; and
    (8) A reasonable fee covering the costs of issuance of such permit, 
including reasonable inspections and an appropriate apportionment of 
overhead and administrative expenses of the Department of Commerce. All 
such fees will be deposited in the Treasury to the credit of the 
appropriation which is current and chargeable for the cost of furnishing 
the service.



Sec. 222.309  Permits for listed species of sea turtles involving the
Fish and Wildlife Service.

    (a) This section establishes specific procedures for issuance of the 
following permits: scientific purposes or to enhance the propagation or 
survival of endangered or threatened species of sea turtles; zoological 
exhibition or educational purposes for threatened species of sea 
turtles; and permits that requires coordination with the Fish and 
Wildlife Service. The National Marine Fisheries Service maintains 
jurisdiction for such species in the marine environment. The Fish and 
Wildlife Service maintains jurisdiction for such species of sea turtles 
in the land environment.
    (b) For permits relating to any activity in the marine environment 
exclusively, permit applicants and permittees must comply with the 
regulations in parts 222, 223, and 224 of this chapter.
    (c) For permits relating to any activity in the land environment 
exclusively, permit applicants must submit applications to the Wildlife 
Permit Office (WPO) of the U.S. Fish and Wildlife Service in accordance 
with either 50 CFR 17.22(a), if the species is endangered, or 50 CFR 
17.32(a), if the species is threatened.
    (d) For permits relating to any activity in both the land and marine 
environments, applicants must submit applications to the WPO. WPO will 
forward the application to NMFS for review and processing of those 
activities under its jurisdiction. Based on this review and processing, 
WPO will issue either a permit or a letter of denial in accordance with 
its own regulations.
    (e) For permits relating to any activity in a marine environment and 
that also requires a permit under the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES) (TIAS 8249, July 
1, 1975) (50 CFR part 23), applicants must submit applications to the 
WPO. WPO will forward the application to NMFS for review and processing, 
after which WPO will issue a combination ESA/CITES permit or a letter of 
denial.



Sec. 222.310  Permit authority for designated agents and employees of 
specified Federal and state agencies.

    (a) This section constitutes a programmatic permit, pursuant to 16 
U.S.C. 1539(a)(1)(A), that authorizes activities by agents and employees 
of Federal and state agencies, as described in paragraph (b) of this 
section, to aid stranded endangered sea turtles, and to salvage, collect 
data from, and dispose of, dead carcasses of endangered sea turtles in 
the marine environment. For purposes of this section, 'stranded' means 
endangered sea turtles, in the marine environment, that are alive but 
sick, injured, or entangled.
    (b) If any member of any endangered species of sea turtle is found 
stranded or dead in the marine environment, any agent or employee of the 
National Marine Fisheries Service, the Fish and Wildlife Service, the 
U.S. Coast Guard, or any other Federal land or water management agency, 
or any agent or employee of a state agency responsible for fish and 
wildlife who is designated by his or her agency for such purposes, may, 
when acting in the course of his or her official duties, take such 
endangered sea turtles if such taking is necessary to aid a stranded sea 
turtle, or dispose of or salvage a dead sea turtle, or collect data from 
a dead sea turtle which may be useful for scientific and educational 
purposes. Live turtles will be handled as described in Sec. 
223.206(d)(1). Whenever possible, live sea turtles shall be returned to 
their

[[Page 294]]

aquatic environment as soon as possible. The following data collection 
activities for live turtles while they are in the marine environment are 
allowed:
    (1) Turtles may be flipper and passive integrated transponder (PIT) 
tagged, prior to release. Flipper tags would be applied to the trailing 
edge of either the front or rear flippers with standard tagging 
applicators after the tagging area has been cleaned with alcohol or 
iodine solution. PIT tags would be inserted according to best practice, 
approved scientific protocols, after cleaning the insertion site with 
alcohol or iodine solution. Before application of flipper tags or 
insertion of PIT tags, all flippers and the neck/shoulder area will be 
examined and scanned for the presence of any pre-existing flipper or PIT 
tags.
    (2) Turtles may also be weighed, measured, and photographed prior to 
release.
    (3) When handling turtles exhibiting fibropapilloma, all equipment 
(tagging equipment, tape measures, etc.) that comes in contact with the 
turtle shall be cleaned with a mild bleach solution.
    (c) Every action shall be reported in writing to the Assistant 
Administrator, or authorized representative, via the agency or 
institution designated by the state to record such events. Reports shall 
contain the following information:
    (1) Name and position of the official or employee involved;
    (2) Description of the sea turtle(s) involved including species and 
condition of the animal;
    (3) When applicable, description of entangling gear, its location on 
the turtle, and the amount of gear left on the turtle at release;
    (4) Method, date and location of disposal of the sea turtle(s), 
including, if applicable, where the sea turtle(s) has been retained in 
captivity; and
    (5) Such other information as the Assistant Administrator, or 
authorized representative, may require.

[70 FR 42509, July 25, 2005]



                     Subpart D_Observer Requirement

    Source: 72 FR 43185, Aug. 3, 2007, unless otherwise noted.



Sec. 222.401  Observer requirement.

    Any United States fishing vessel, either commercial or recreational, 
which operates within the territorial seas or exclusive economic zone of 
the United States or on the high seas, or any fishing vessel that is 
otherwise subject to the jurisdiction of the United States, operating in 
a fishery that is identified through the annual determination process 
specified in Sec. 222.402 must carry aboard a NMFS-approved observer 
upon request by the NMFS Assistant Administrator, in consultation with 
NMFS Regional Administrators and Science Center Directors, as 
appropriate. NMFS and/or interested cooperating entities will pay direct 
costs for the observer. Owners and operators must comply with observer 
safety requirements specified at 50 CFR 600.725 and 50 CFR 600.746 and 
the terms and conditions specified in the written notification.



Sec. 222.402  Annual determination of fisheries to be observed;
notice and comment.

    (a) The Assistant Administrator, in consultation with Regional 
Administrators and Science Center Directors, will make an annual 
determination identifying which fisheries the agency intends to observe. 
This determination will be based on the extent to which:
    (1) The fishery operates in the same waters and at the same time as 
sea turtles are present;
    (2) The fishery operates at the same time or prior to elevated sea 
turtle strandings; or
    (3) The fishery uses a gear or technique that is known or likely to 
result in incidental take of sea turtles based on documented or reported 
takes in the same or similar fisheries; and
    (4) NMFS intends to monitor the fishery and anticipates that it will 
have the funds to do so.
    (b) The Assistant Administrator shall publish the proposed 
determination and any final determination in the Federal Register. 
Public comment will be sought at the time of publication of the proposed 
determination. In addition, a written notification of the final 
determination will be sent to the address specified for the vessel in 
either the NMFS or state fishing permit

[[Page 295]]

application, or to the address specified for registration or 
documentation purposes, or such notification will be otherwise served on 
the owners or operator of the vessel. Additionally, NMFS will notify 
state agencies and provide notification through publication in local 
newspapers, radio broadcasts, and any other means as appropriate. The 
proposed and any final determinations will include, to the extent 
practicable, information on fishing sector, targeted gear type, target 
fishery, temporal and geographic scope of coverage, or other 
information, as appropriate.
    (c) Fisheries listed on the most recent annual Marine Mammal 
Protection Act List of Fisheries in any given year, in accordance with 
16 U.S.C. 1387, will serve as the comprehensive set of commercial 
fisheries to be considered for inclusion in the annual determination. 
Recreational fisheries may also be included in the annual determination.
    (d) Publication of the proposed and final determinations should be 
coordinated to the extent possible with the annual Marine Mammal 
Protection Act List of Fisheries process as specified at 50 CFR 229.8.
    (e) Inclusion of a fishery in a proposed or final determination does 
not constitute a conclusion by NMFS that those participating in the 
fishery are illegally taking sea turtles.



Sec. 222.403  Duration of selection; effective date.

    (a) Fisheries included in the final annual determination in a given 
year will remain eligible for observer coverage under this rule for five 
years, without need for NMFS to include the fishery in the intervening 
proposed annual determinations, to enable the design of an appropriate 
sampling program and to ensure collection of scientific data. If NMFS 
wishes to continue observations beyond the fifth year, NMFS must include 
the fishery in the proposed annual determination and seek comment, prior 
to the expiration of the fifth year.
    (b) A 30-day delay in effective date for implementing observer 
coverage will follow the annual notification, except for those fisheries 
that were included in a previous determination within the preceding five 
years or where the AA has determined that there is good cause pursuant 
to the Administrative Procedure Act to make the rule effective without a 
30-day delay.



Sec. 222.404  Observer program sampling.

    (a) During the program design, NMFS would be guided by the following 
standards in the distribution and placement of observers among fisheries 
and vessels in a particular fishery:
    (1) The requirements to obtain the best available scientific 
information;
    (2) The requirement that assignment of observers is fair and 
equitable among fisheries and among vessels in a fishery;
    (3) The requirement that no individual person or vessel, or group of 
persons or vessels, be subject to inappropriate, excessive observer 
coverage; and
    (4) The need to minimize costs and avoid duplication, where 
practicable.
    (b) Consistent with 16 U.S.C. 1881(b), vessels where the facilities 
for accommodating an observer or carrying out observer functions are so 
inadequate or unsafe (due to size or quality of equipment, for example) 
that the health or safety of the observer or the safe operation of the 
vessel would be jeopardized, would not be required to take observers 
under this rule.



PART 223_THREATENED MARINE AND ANADROMOUS SPECIES--Table of Contents



                      Subpart A_General Provisions

Sec.
223.101 Purpose and scope.
223.102 Enumeration of threatened marine and anadromous species.

 Subpart B_Restrictions Applicable to Threatened Marine and Anadromous 
                                 Species

223.201 Guadalupe fur seal.
223.202 Steller sea lion.
223.203 Anadromous fish.
223.204 Tribal plans.
223.205 Sea turtles.
223.206 Exceptions to prohibitions relating to sea turtles.
223.207 Approved TEDs.
223.208 Corals.
223.209 [Reserved]

[[Page 296]]

223.210 North American green sturgeon.
223.211 Southern DPS of spotted seal.

Figures 1-2 to Part 223 [Reserved]
Figure 3 to Part 223--Matagorda TED
Figure 4 to Part 223--Georgia TED
Figure 5 to Part 223--Net Diagram for the Excluder Panel of the Parker 
          Soft TED
Figure 6 to Part 223--TED Extension in Summer Flounder Trawl
Figures 7-9b to Part 223 [Reserved]
Figure 10 to Part 223--Flounder TED
Figure 11 to Part 223 [Reserved]
Figure 12 to Part 223--Escape Opening & Cover Dimensions for 71-inch TED
Figure 13 to Part 223--Single Grid Hard TED Escape Opening
Figure 14a to Part 223--Maximum Angle of Deflector Bars With Straight 
          Bars Attached to the Bottom of the Frame
Figure 14b to Part 223--Maximum Angle of Deflector Bars With Bent Bars 
          Attached to the Bottom of the Frame
Figure 15 to Part 223--Weedless TED Brace Bar Description
Figure 16 to Part 223--Escape Opening and Flap Dimensions for the Double 
          Cover Flap TED

    Authority: 16 U.S.C. 1531 1543; subpart B, Sec. 223.201-202 also 
issued under 16 U.S.C. 1361 et seq.; 16 U.S.C. 5503(d) for Sec. 
223.206(d)(9).

    Source: 43 FR 32809, July 28, 1978, unless otherwise noted. 
Redesignated at 64 FR 14068, Mar. 23, 1999.



                      Subpart A_General Provisions



Sec. 223.101  Purpose and scope.

    (a) The regulations contained in this part identify the species 
under the jurisdiction of the Secretary of Commerce that have been 
determined to be threatened species pursuant to section 4(a) of the Act, 
and provide for the conservation of such species by establishing rules 
and procedures to governing activities involving the species.
    (b) The regulations contained in this part apply only to the 
threatened species enumerated in Sec. 223.102.
    (c) The provisions of this part are in addition to, and not in lieu 
of, other regulations of parts 222 through 226 of this chapter which 
prescribe additional restrictions or conditions governing threatened 
species.

[64 FR 14068, Mar. 23, 1999]



Sec. 223.102  Enumeration of threatened marine and anadromous species.

    The species determined by the Secretary of Commerce to be threatened 
pursuant to section 4(a) of the Act, as well as species listed under the 
Endangered Species Conservation Act of 1969 by the Secretary of the 
Interior and currently under the jurisdiction of the Secretary of 
Commerce, are listed in the table below. The table lists the common and 
scientific names of threatened species, the locations where they are 
listed, and the Federal Register citations for the listings and critical 
habitat designations.

----------------------------------------------------------------------------------------------------------------
                    Species \1\                                           Citation(s) for      Citation(s) for
---------------------------------------------------    Where listed           listing          critical habitat
           Common name             Scientific name                       determination(s)       designation(s)
----------------------------------------------------------------------------------------------------------------
(a) Marine Mammals                 ...............  .................  ....................  ...................
(1) Guadalupe fur seal             Arctocephalus    Wherever found     50 FR 51252; Dec 16,  NA
                                    townsendi        U.S.A. (Farallon   1985
                                                     Islands of CA)
                                                     south to Mexico
                                                     (Islas
                                                     Revillagigedo)
                                   ...............  .................  ....................  ...................
(2) Steller sea lion               Eumetopias       Eastern            55 FR 13488; Apr 10,  58 FR 45278; Aug
                                    jubatus          population,        1990                  27, 1993
                                                     which consists    55 FR 50006; Dec 4,   64 FR 14067; Mar
                                                     of all Steller     1990                  23, 1999
                                                     sea lions from    62 FR 30772; Jun 5,
                                                     breeding           1997
                                                     colonies located
                                                     east of 144[deg]
                                                     W. longitude
(3) Southern DPS--Spotted Seal     Phoca largha     The southern DPS   75 FR 65248; Oct 22,  NA
                                                     includes all       2010
                                                     breeding
                                                     populations of
                                                     spotted seals
                                                     south of 43
                                                     degrees north
                                                     latitude in the
                                                     Pacific Ocean
(b) Sea Turtles                    ...............  .................  ....................  ...................
(1) Green turtle \2\               Chelonia mydas   Wherever found,    43 FR 32808; Jul 28,  63 FR 46701; Sep 2,
                                                     except where       1978                  1998
                                                     listed as                               64 FR 14067; Mar
                                                     endangered under                         23, 1999
                                                     Sec.
                                                     224.101(c);
                                                     circumglobal in
                                                     tropical and
                                                     temperate seas
                                                     and oceans

[[Page 297]]

 
                                   ...............  .................  ....................  ...................
(2) Loggerhead turtle \2\          Caretta caretta  Wherever found;    43 FR 32808; Jul 28,  NA
                                                     circumglobal in    1978
                                                     tropical and
                                                     temperate seas
                                                     and oceans
                                   ...............  .................  ....................  ...................
(3) Olive ridley turtle \2\        Lepidochelys     Wherever found,    43 FR 32808; Jul 28,  NA
                                    olivacea         except where       1978
                                                     listed as
                                                     endangered under
                                                     Sec.
                                                     224.101(c);
                                                     circumglobal in
                                                     tropical and
                                                     temperate seas.
(c) Fishes                         ...............  .................  ....................  ...................
(1) Green sturgeon - southern DPS  Acipenser        U.S.A., CA. The    71 FR 17757; April    ...................
                                    medirostris      southern DPS       7, 2006;
                                                     includes all      71 FR 19241; April
                                                     spawning           13, 2006.
                                                     populations of
                                                     green sturgeon
                                                     south of the Eel
                                                     River
                                                     (exclusive),
                                                     principally
                                                     including the
                                                     Sacramento River
                                                     green sturgeon
                                                     spawning
                                                     population.
                                   ...............  .................  ....................  ...................
(2) Gulf sturgeon                  Acipenser        Wherever found.    56 FR 49653; Sep 30,  68 FR 13370; Mar
                                    oxyrinchus                          1991                  19, 2003.
                                    desotoi
                                   ...............  .................  ....................  ...................
(3) Ozette Lake sockeye            Oncorhynchus     U.S.A.- WA,        64 FR 14528; Mar 25,  70 FR 52630; Sep 2,
                                    nerka            including all      1999                  2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     sockeye salmon
                                                     in Ozette Lake
                                                     and streams and
                                                     tributaries
                                                     flowing into
                                                     Ozette Lake,
                                                     Washington, as
                                                     well as two
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Umbrella Creek
                                                     and Big River
                                                     sockeye hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(4) Central Valley spring-run      Oncorhynchus     U.S.A.- CA,        64 FR 50394; Sep 16,  70 FR 52488; Sep 2,
 Chinook                            tshawytscha      including all      1999                  2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     spring-run
                                                     Chinook salmon
                                                     in the
                                                     Sacramento River
                                                     and its
                                                     tributaries in
                                                     California,
                                                     including the
                                                     Feather River,
                                                     as well as the
                                                     Feather River
                                                     Hatchery spring-
                                                     run Chinook
                                                     program.
                                   ...............  .................  ....................  ...................
(5) California Coastal Chinook     Oncorhynchus     U.S.A.-CA,         64 FR 50394; Sep 16,  70 FR 52488; Sep 2,
                                    tshawytscha      including all      1999                  2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     Chinook salmon
                                                     from rivers and
                                                     streams south of
                                                     the Klamath
                                                     River to the
                                                     Russian River,
                                                     California, as
                                                     well as seven
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Humboldt Fish
                                                     Action Council
                                                     (Freshwater
                                                     Creek), Yager
                                                     Creek, Redwood
                                                     Creek, Hollow
                                                     Tree, Van
                                                     Arsdale Fish
                                                     Station, Mattole
                                                     Salmon Group,
                                                     and Mad River
                                                     Hatchery fall-
                                                     run Chinook
                                                     hatchery
                                                     programs.

[[Page 298]]

 
                                   ...............  .................  ....................  ...................
(6) Upper Willamette River         Oncorhynchus     U.S.A.- OR,        64 FR 14308; Mar. 24  70 FR 52630; Sep 2,
 Chinook                            tshawytscha      including all      1999                  2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     spring-run
                                                     Chinook salmon
                                                     in the Clackamas
                                                     River and in the
                                                     Willamette
                                                     River, and its
                                                     tributaries,
                                                     above Willamette
                                                     Falls, Oregon,
                                                     as well as seven
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     McKenzie River
                                                     Hatchery (Oregon
                                                     Department of
                                                     Fish and
                                                     Wildlife (ODFW)
                                                     stock 24), Marion
                                                     Forks/North Fork
                                                     Santiam River
                                                     (ODFW stock
                                                     21),
                                                     South Santiam
                                                     Hatchery (ODFW
                                                     stock 23) in the
                                                     South Fork
                                                     Santiam River,
                                                     South Santiam
                                                     Hatchery in the
                                                     Calapooia River,
                                                     South Santiam
                                                     Hatchery in the
                                                     Mollala River,
                                                     Willamette
                                                     Hatchery (ODFW
                                                     stock 
                                                     22), and
                                                     Clackamas
                                                     hatchery (ODFW
                                                     stock 19) spring-run
                                                     Chinook hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(7) Lower Columbia River Chinook   Oncorhynchus     U.S.A.- OR, WA,    64 FR 14308; Mar.     70 FR 52630; Sep 2,
                                    tshawytscha      including all      24, 1999              2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     Chinook salmon
                                                     from the
                                                     Columbia River
                                                     and its
                                                     tributaries from
                                                     its mouth at the
                                                     Pacific Ocean
                                                     upstream to a
                                                     transitional
                                                     point between
                                                     Washington and
                                                     Oregon east of
                                                     the Hood River
                                                     and the White
                                                     Salmon River,
                                                     and includes the
                                                     Willamette River
                                                     to Willamette
                                                     Falls, Oregon,
                                                     exclusive of
                                                     spring-run
                                                     Chinook salmon
                                                     in the Clackamas
                                                     River, as well
                                                     as seventeen
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Sea Resources
                                                     Tule Chinook
                                                     Program, Big
                                                     Creek Tule
                                                     Chinook Program,
                                                     Astoria High
                                                     School (STEP)
                                                     Tule Chinook
                                                     Program,
                                                     Warrenton High
                                                     School (STEP)
                                                     Tule Chinook
                                                     Program,
                                                     Elochoman River
                                                     Tule Chinook
                                                     Program, Cowlitz
                                                     Tule Chinook
                                                     Program, North
                                                     Fork Toutle Tule
                                                     Chinook Program,
                                                     Kalama Tule
                                                     Chinook Program,
                                                     Washougal River
                                                     Tule Chinook
                                                     Program, Spring
                                                     Creek NFH Tule
                                                     Chinook Program,
                                                     Cowlitz spring
                                                     Chinook Program
                                                     in the Upper
                                                     Cowlitz River
                                                     and the Cispus
                                                     River, Friends
                                                     of the Cowlitz
                                                     spring Chinook
                                                     Program, Kalama
                                                     River spring
                                                     Chinook Program,
                                                     Lewis River
                                                     spring Chinook
                                                     Program, Fish
                                                     First spring
                                                     Chinook Program,
                                                     and the Sandy
                                                     River Hatchery
                                                     (ODFW stock
                                                     11)
                                                     Chinook hatchery
                                                     programs.

[[Page 299]]

 
                                   ...............  .................  ....................  ...................
(8) Puget Sound Chinook            Oncorhynchus     U.S.A.- WA,        64 FR 14308; Mar.     70 FR 52630; Sep 2,
                                    tshawytscha      including all      24, 1999              2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     Chinook salmon
                                                     from rivers and
                                                     streams flowing
                                                     into Puget Sound
                                                     including the
                                                     Straits of Juan
                                                     De Fuca from the
                                                     Elwha River,
                                                     eastward,
                                                     including rivers
                                                     and streams
                                                     flowing into
                                                     Hood Canal,
                                                     South Sound,
                                                     North Sound and
                                                     the Strait of
                                                     Georgia in
                                                     Washington, as
                                                     well as twenty-
                                                     six artificial
                                                     propagation
                                                     programs: the
                                                     Kendal Creek
                                                     Hatchery,
                                                     Marblemount
                                                     Hatchery (fall,
                                                     spring
                                                     yearlings,
                                                     spring
                                                     subyearlings,
                                                     and summer run),
                                                     Harvey Creek
                                                     Hatchery,
                                                     Whitehorse
                                                     Springs Pond,
                                                     Wallace River
                                                     Hatchery
                                                     (yearlings and
                                                     subyearlings),
                                                     Tulalip Bay,
                                                     Issaquah
                                                     Hatchery, Soos
                                                     Creek Hatchery,
                                                     Icy Creek
                                                     Hatchery, Keta
                                                     Creek Hatchery,
                                                     White River
                                                     Hatchery, White
                                                     Acclimation
                                                     Pond, Hupp
                                                     Springs
                                                     Hatchery,
                                                     Voights Creek
                                                     Hatchery, Diru
                                                     Creek, Clear
                                                     Creek, Kalama
                                                     Creek, George
                                                     Adams Hatchery,
                                                     Rick's Pond
                                                     Hatchery, Hamma
                                                     Hamma Hatchery,
                                                     Dungeness/Hurd
                                                     Creek Hatchery,
                                                     Elwha Channel
                                                     Hatchery Chinook
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(9) Snake River fall-run Chinook   Oncorhynchus     U.S.A.- OR, WA,    57 FR 14653; Apr 22,  58 FR 68543; Dec
                                    tshawytscha      ID, including      1992                  28, 1993.
                                                     all naturally     57 FR 23458; Jun 3,
                                                     spawned            1992
                                                     populations of    70 FR 37160; Jun 28,
                                                     fall-run Chinook   2005
                                                     salmon in the
                                                     mainstem Snake
                                                     River below
                                                     Hells Canyon
                                                     Dam, and in the
                                                     Tucannon River,
                                                     Grande Ronde
                                                     River, Imnaha
                                                     River, Salmon
                                                     River, and
                                                     Clearwater
                                                     River, as well
                                                     as four
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Lyons Ferry
                                                     Hatchery, Fall
                                                     Chinook
                                                     Acclimation
                                                     Ponds Program,
                                                     Nez Perce Tribal
                                                     Hatchery, and
                                                     Oxbow Hatchery
                                                     fall-run Chinook
                                                     hatchery
                                                     programs.

[[Page 300]]

 
                                   ...............  .................  ....................  ...................
(10) Snake River spring/summer-    Oncorhynchus     U.S.A.- OR, WA,    57 FR 14653; Apr 22,  58 FR 68543; Dec
 run Chinook                        tshawytscha      ID, including      1992                  28, 1993
                                                     all naturally     57 FR 23458; Jun 3,   64 FR 57399; Oct
                                                     spawned            1992                  25, 1999.
                                                     populations of    70 FR 37160; Jun 28,
                                                     spring/summer-     2005
                                                     run Chinook
                                                     salmon in the
                                                     mainstem Snake
                                                     River and the
                                                     Tucannon River,
                                                     Grande Ronde
                                                     River, Imnaha
                                                     River, and
                                                     Salmon River
                                                     subbasins, as
                                                     well as fifteen
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Tucannon River
                                                     conventional
                                                     Hatchery,
                                                     Tucannon River
                                                     Captive
                                                     Broodstock
                                                     Program, Lostine
                                                     River, Catherine
                                                     Creek,
                                                     Lookingglass
                                                     Hatchery, Upper
                                                     Grande Ronde,
                                                     Imnaha River,
                                                     Big Sheep Creek,
                                                     McCall Hatchery,
                                                     Johnson Creek
                                                     Artificial
                                                     Propagation
                                                     Enhancement,
                                                     Lemhi River
                                                     Captive Rearing
                                                     Experiment,
                                                     Pahsimeroi
                                                     Hatchery, East
                                                     Fork Captive
                                                     Rearing
                                                     Experiment, West
                                                     Fork Yankee Fork
                                                     Captive Rearing
                                                     Experiment, and
                                                     the Sawtooth
                                                     Hatchery spring/
                                                     summer-run
                                                     Chinook hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(11) Southern Oregon/Northern      Oncorhynchus     U.S.A.- CA, OR,    62 FR 24588; May 6,   64 FR 24049; May 5,
 California Coast coho              kisutch          including all      1997                  1999.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     coho salmon in
                                                     coastal streams
                                                     between Cape
                                                     Blanco, Oregon,
                                                     and Punta Gorda,
                                                     California, as
                                                     well three
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Cole Rivers
                                                     Hatchery (ODFW
                                                     stock 
                                                     52), Trinity
                                                     River Hatchery,
                                                     and Iron Gate
                                                     Hatchery coho
                                                     hatchery
                                                     programs.

[[Page 301]]

 
                                   ...............  .................  ....................  ...................
(12) Lower Columbia River coho     Oncorhynchus     U.S.A.- OR, WA,    70 FR 37160; Jun 28,  NA
                                    kisutch          including all      2005
                                                     naturally
                                                     spawned
                                                     populations of
                                                     coho salmon in
                                                     the Columbia
                                                     River and its
                                                     tributaries in
                                                     Washington and
                                                     Oregon, from the
                                                     mouth of the
                                                     Columbia up to
                                                     and including
                                                     the Big White
                                                     Salmon and Hood
                                                     Rivers, and
                                                     includes the
                                                     Willamette River
                                                     to Willamette
                                                     Falls, Oregon,
                                                     as well as
                                                     twenty-five
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Grays River, Sea
                                                     Resources
                                                     Hatchery,
                                                     Peterson Coho
                                                     Project, Big
                                                     Creek Hatchery,
                                                     Astoria High
                                                     School (STEP)
                                                     Coho Program,
                                                     Warrenton High
                                                     School (STEP)
                                                     Coho Program,
                                                     Elochoman Type-S
                                                     Coho Program,
                                                     Elochoman Type-N
                                                     Coho Program,
                                                     Cathlamet High
                                                     School FFA Type-
                                                     N Coho Program,
                                                     Cowlitz Type-N
                                                     Coho Program in
                                                     the Upper and
                                                     Lower Cowlitz
                                                     Rivers, Cowlitz
                                                     Game and Anglers
                                                     Coho Program,
                                                     Friends of the
                                                     Cowlitz Coho
                                                     Program, North
                                                     Fork Toutle
                                                     River Hatchery,
                                                     Kalama River
                                                     Type-N Coho
                                                     Program, Kalama
                                                     River Type-S
                                                     Coho Program,
                                                     Lewis River Type-
                                                     N Coho Program,
                                                     Lewis River Type-
                                                     S Coho Program,
                                                     Fish First Wild
                                                     Coho Program,
                                                     Fish First Type-
                                                     N Coho Program,
                                                     Syverson Project
                                                     Type-N Coho
                                                     Program, Eagle
                                                     Creek National
                                                     Fish Hatchery,
                                                     Sandy Hatchery,
                                                     and the
                                                     Bonneville/
                                                     Cascade/Oxbow
                                                     complex coho
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(13) Columbia River chum           Oncorhynchus     U.S.A.- OR, WA,    64 FR 14508; Mar.     70 FR 52630; Sep 2,
                                    keta             including all      25, 1999              2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     chum salmon in
                                                     the Columbia
                                                     River and its
                                                     tributaries in
                                                     Washington and
                                                     Oregon, as well
                                                     as three
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Chinook River
                                                     (Sea Resources
                                                     Hatchery), Grays
                                                     River, and
                                                     Washougal River/
                                                     Duncan Creek
                                                     chum hatchery
                                                     programs.

[[Page 302]]

 
                                   ...............  .................  ....................  ...................
(14) Hood Canal summer-run chum    Oncorhynchus     U.S.A.- WA,        64 FR 14508; Mar.     70 FR 52630; Sep 2,
                                    keta             including all      25, 1999              2005.
                                                     naturally         70 FR 37160; Jun 28,
                                                     spawned            2005
                                                     populations of
                                                     summer-run chum
                                                     salmon in Hood
                                                     Canal and its
                                                     tributaries as
                                                     well as
                                                     populations in
                                                     Olympic
                                                     Peninsula rivers
                                                     between Hood
                                                     Canal and
                                                     Dungeness Bay,
                                                     Washington, as
                                                     well as eight
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Quilcene NFH,
                                                     Hamma Hamma Fish
                                                     Hatchery,
                                                     Lilliwaup Creek
                                                     Fish Hatchery,
                                                     Union River/
                                                     Tahuya, Big Beef
                                                     Creek Fish
                                                     Hatchery, Salmon
                                                     Creek Fish
                                                     Hatchery,
                                                     Chimacum Creek
                                                     Fish Hatchery,
                                                     and the
                                                     Jimmycomelately
                                                     Creek Fish
                                                     Hatchery summer-
                                                     run chum
                                                     hatchery
                                                     programs.
                                   ...............  .................  ....................  ...................
(15) South-Central California      Oncorhynchus     U.S.A.- CA,        62 FR 43937; Aug 18,  70 FR 52488; Sep 2,
 Coast Steelhead                    mykiss           including all      1997                  2005.
                                                     naturally         71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams from
                                                     the Pajaro River
                                                     (inclusive),
                                                     located in Santa
                                                     Cruz County,
                                                     California, to
                                                     (but not
                                                     including) the
                                                     Santa Maria
                                                     River.
                                   ...............  .................  ....................  ...................
(16) Central California Coast      Oncorhynchus     U.S.A.- CA,        62 FR 43937; Aug 18,  70 FR 52488; Sep 2,
 Steelhead                          mykiss           including all      1997                  2005.
                                                     naturally         71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams from
                                                     the Russian
                                                     River to Aptos
                                                     Creek, Santa
                                                     Cruz County,
                                                     Californian
                                                     (inclusive), and
                                                     the drainages of
                                                     San Francisco
                                                     and San Pablo
                                                     Bays eastward to
                                                     the Napa River
                                                     (inclusive),
                                                     Napa County,
                                                     California.
                                                     Excludes the
                                                     Sacramento-San
                                                     Joaquin River
                                                     Basin of the
                                                     Central Valley
                                                     of California.
                                   ...............  .................  ....................  ...................
(17) California Central Valley     Oncorhynchus     U.S.A.- CA,        63 FR 13347; Mar.     70 FR 52488; Sep 2,
 Steelhead                          mykiss           including all      19, 1998              2005.
                                                     naturally         71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in the
                                                     Sacramento and
                                                     San Joaquin
                                                     Rivers and their
                                                     tributaries,
                                                     excluding
                                                     steelhead from
                                                     San Francisco
                                                     and San Pablo
                                                     Bays and their
                                                     tributaries.
                                   ...............  .................  ....................  ...................
(18) Northern California           Oncorhynchus     U.S.A.- CA,        65 FR 36074; June 7,  70 FR 52488; Sep 2,
 Steelhead                          mykiss           including all      2000                  2005.
                                                     naturally         71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in California
                                                     coastal river
                                                     basins from
                                                     Redwood Creek in
                                                     Humboldt County,
                                                     California, to
                                                     the Gualala
                                                     River,
                                                     inclusive, in
                                                     Mendocino
                                                     County,
                                                     California.
                                   ...............  .................  ....................  ...................
(19) Upper Willamette River        Oncorhynchus     U.S.A.- OR,        62 FR 43937; Aug 18,  70 FR 52630; Sep 2,
 Steelhead                          mykiss           including all      1997                  2005.
                                                     naturally         71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     winter-run
                                                     steelhead in the
                                                     Willamette
                                                     River, Oregon,
                                                     and its
                                                     tributaries
                                                     upstream from
                                                     Willamette Falls
                                                     to the Calapooia
                                                     River,
                                                     inclusive.

[[Page 303]]

 
                                   ...............  .................  ....................  ...................
(20) Lower Columbia River          Oncorhynchus     U.S.A.- OR, WA,    63 FR 13347; Mar 19,  70 FR 52630; Sep 2,
 Steelhead                          mykiss           including all      1998                  2005
                                                     naturally         71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams and
                                                     tributaries to
                                                     the Columbia
                                                     River between
                                                     the Cowlitz and
                                                     Wind Rivers,
                                                     Washington,
                                                     inclusive, and
                                                     the Willamette
                                                     and Hood Rivers,
                                                     Oregon,
                                                     inclusive.
                                                     Excluded are
                                                     steelhead in the
                                                     upper Willamette
                                                     River Basin
                                                     above Willamette
                                                     Falls, Oregon,
                                                     and from the
                                                     Little and Big
                                                     White Salmon
                                                     Rivers,
                                                     Washington.
                                   ...............  .................  ....................  ...................
(21) Middle Columbia River         Oncorhynchus     U.S.A.- OR, WA,    57 FR 14517; Mar 25,  70 FR 52630; Sep 2,
 Steelhead                          mykiss           including all      1999                  2005.
                                                     naturally         71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     steelhead in
                                                     streams from
                                                     above the Wind
                                                     River,
                                                     Washington, and
                                                     the Hood River,
                                                     Oregon
                                                     (exclusive),
                                                     upstream to, and
                                                     including, the
                                                     Yakima River,
                                                     Washington.
                                                     Excluded are
                                                     steelhead from
                                                     the Snake River
                                                     Basin.
                                   ...............  .................  ....................  ...................
(22) Snake River Basin Steelhead   Oncorhynchus     U.S.A.- OR, WA,    62 FR 43937; Aug 18,  70 FR 52630; Sep 2,
                                    mykiss           ID, including      1997                  2005.
                                                     all naturally     71 FR 834; Jan 5,
                                                     spawned            2006
                                                     populations of
                                                     steelhead (and
                                                     their progeny)
                                                     in streams in
                                                     the Snake River
                                                     Basin of
                                                     southeast
                                                     Washington,
                                                     northeast
                                                     Oregon, and
                                                     Idaho.
                                   ...............  .................  ....................  ...................
(23) Puget Sound Steelhead         Oncorhynchus     U.S.A., WA,        72 FR 26722; May 11,  NA
                                    mykiss           Distinct           2007
                                                     Population
                                                     Segment
                                                     including all
                                                     naturally
                                                     spawned
                                                     anadromous O.
                                                     mykiss
                                                     (steelhead)
                                                     populations,
                                                     from streams in
                                                     the river basins
                                                     of the Strait of
                                                     Juan de Fuca,
                                                     Puget Sound, and
                                                     Hood Canal,
                                                     Washington,
                                                     bounded to the
                                                     west by the
                                                     Elwha River
                                                     (inclusive) and
                                                     to the north by
                                                     the Nooksack
                                                     River and Dakota
                                                     Creek
                                                     (inclusive), as
                                                     well as the
                                                     Green River
                                                     natural and
                                                     Hamma Hamma
                                                     winter-run
                                                     steelhead
                                                     hatchery stocks.
                                   ...............  .................  ....................  ...................
(24) Oregon Coast Coho salmon      Oncorhynchus     U.S.A., OR, all    73 FR 7816; Feb 11,   73 FR 7816; Feb 11,
                                    kisutch          naturally          2008                  2008.
                                                     spawned           76 FR 35771; June
                                                     populations of     16, 2011
                                                     coho salmon in
                                                     Oregon coastal
                                                     streams south of
                                                     the Columbia
                                                     River and north
                                                     of Cape Blanco,
                                                     including the
                                                     Cow Creek (ODFW
                                                     stock 37) coho
                                                     hatchery
                                                     program.

[[Page 304]]

 
                                   ...............  .................  ....................  ...................
(25) Upper Columbia River          Oncorhynchus     U.S.A., WA,        71 FR 834; Jan 5,     70 FR 52630; Sep 2,
 steelhead                          mykiss           Distinct           2006                  2005.
                                                     Population
                                                     Segment
                                                     including all
                                                     naturally
                                                     spawned
                                                     anadromous O.
                                                     mykiss
                                                     (steelhead)
                                                     populations
                                                     below natural
                                                     and manmade
                                                     impassable
                                                     barriers in
                                                     streams in the
                                                     Columbia River
                                                     Basin upstream
                                                     from the Yakima
                                                     River,
                                                     Washington, to
                                                     the U.S.-Canada
                                                     border, as well
                                                     as six
                                                     artificial
                                                     propagation
                                                     programs: the
                                                     Wenatchee River,
                                                     Wells Hatchery
                                                     (in the Methow
                                                     and Okanogan
                                                     Rivers),
                                                     Winthrop NFH,
                                                     Omak Creek, and
                                                     the Ringold
                                                     steelhead
                                                     hatchery
                                                     programs.
(26) Rockfish, Yelloweye--Puget    Sebastes         U.S.A.-            75 FR 22289, April    75 FR 22289, April
 Sound/Georgia Basin DPS.           ruberrimus       Washington, and    28, 2010              28, 2010.
                                                     British
                                                     Columbia,
                                                     including Puget
                                                     Sound and
                                                     Georgia Basin
(27) Rockfish, Canary--Puget       Sebastes         U.S.A.-            75 FR 22289, April    75 FR 22289, April
 Sound/Georgia Basin DPS.           pinniger         Washington, and    28, 2010              28, 2010.
                                                     British
                                                     Columbia,
                                                     including Puget
                                                     Sound and
                                                     Georgia Basin
(28) eulachon - southern DPS       Thaleichthys     Wherever Found     75 FR 13024, Mar.     75 FR 13024, Mar.
                                    pacificus                           18, 2010              18, 2010
                                   ...............  .................  ....................  ...................
(d) Marine Invertebrates           ...............  .................  ....................  ...................
                                   ...............  .................  ....................  ...................
(1) Elkhorn coral                  Acropora         Wherever found.    71 FR 26852, May 9,   73 FR 72210, Nov.
                                    palmata          Includes United    2006                  26, 2008
                                                     States Florida,
                                                     Puerto Rico,
                                                     U.S. Virgin
                                                     Islands,
                                                     Navassa; and
                                                     wider Caribbean
                                                     Belize,
                                                     Colombia, Costa
                                                     Rica, Guatemala,
                                                     Honduras,
                                                     Mexico,
                                                     Nicaragua,
                                                     Panama,
                                                     Venezuela and
                                                     all the islands
                                                     of the West
                                                     Indies.
                                   ...............  .................  ....................  ...................
(2) Staghorn coral                 Acropora         Wherever found.    71 FR 26852, May 9,   73 FR 72210, Nov.
                                    cervicornis      Includes United    2006                  26, 2008
                                                     States Florida,
                                                     Puerto Rico,
                                                     U.S. Virgin
                                                     Islands,
                                                     Navassa; and
                                                     wider Caribbean
                                                     Belize,
                                                     Colombia, Costa
                                                     Rica, Guatemala,
                                                     Honduras,
                                                     Mexico,
                                                     Nicaragua,
                                                     Panama,
                                                     Venezuela and
                                                     all the islands
                                                     of the West
                                                     Indies.
                                   ...............  .................  ....................  ...................
(e) Marine Plants                  ...............  .................  ....................  ...................
                                   ...............  .................  ....................  ...................
(1) Johnson's seagrass             Halophila        Wherever found.    63 FR 49035; Sep 14,  65 FR 17786; Apr 5,
                                    johnsonii        U.S.A. -           1998                  2000
                                                     Southeastern FL
                                                     between
                                                     Sebastian Inlet
                                                     and north
                                                     Biscayne Bay.
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
  see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
  FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration,
  National Marine Fisheries Service, is limited to turtles while in the water.


[71 FR 26861, May 9, 2006, as amended at 71 FR 31965, June 2, 2006; 71 
FR 38270, July 6, 2006; 72 FR 26734, May 11, 2007; 73 FR 7843, Feb. 11, 
2008; 73 FR 72236, Nov. 26, 2008; 74 FR 42606, Aug. 24, 2009; 75 FR 
13024, Mar. 18, 2010; 75 FR 22289, Apr. 28, 2010; 75 FR 65248, Oct. 22, 
2010; 76 FR 35771, June 20, 2011]

[[Page 305]]


    Effective Date Note: At 76 FR 58951, Sept. 22, 2011, Sec. 223.102 
was amended by revising paragraph (b) in the table, effective Oct. 24, 
2011. For the convenience of the user, the revised text is set forth as 
follows:



Sec. 223.102  Enumeration of threatened marine and anadromous species.

                                * * * * *

----------------------------------------------------------------------------------------------------------------
                    Species \1\                                           Citation(s) for      Citation(s) for
---------------------------------------------------    Where listed           listing          critical habitat
           Common name             Scientific name                       determination(s)       designation(s)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(b) Sea Turtles
 
(1) Green sea turtle \2\.........  Chelonia mydas   Wherever found,    43 FR 32800; Jul 28,  63 FR 46693; Sep 2,
                                                     except where       1978                  1998, 64 FR 14052;
                                                     listed as                                Mar 23, 1999.
                                                     endangered under
                                                     Sec.
                                                     224.101(c);
                                                     circumglobal in
                                                     tropical and
                                                     temperate seas
                                                     and oceans
(2) Loggerhead sea turtle--        Caretta caretta  Northwest          76 FR 58951; Sep 22,  NA
 Northwest Atlantic Ocean DPS \2\.                   Atlantic Ocean     2011
                                                     north of the
                                                     equator, south
                                                     of 60[deg] N.
                                                     Lat., and west
                                                     of 40[deg] W.
                                                     Long
(3) Loggerhead sea turtle--South   Caretta caretta  South Atlantic     76 FR 58951; Sep 22,  NA
 Atlantic Ocean DPS \2\.                             Ocean south of     2011
                                                     the equator,
                                                     north of 60[deg]
                                                     S. Lat., west of
                                                     20[deg] E.
                                                     Long., and east
                                                     of 67[deg] W.
                                                     Long
(4) Loggerhead sea turtle--        Caretta caretta  Southeast Indian    76 FR 58951; Sep     NA
 Southeast Indo-Pacific Ocean DPS                    Ocean south of     22, 2011
 \2\.                                                the equator,
                                                     north of 60[deg]
                                                     S. Lat., and
                                                     east of 80[deg]
                                                     E. Long.; South
                                                     Pacific Ocean
                                                     south of the
                                                     equator, north
                                                     of 60[deg] S.
                                                     Lat., and west
                                                     of 141[deg] E.
                                                     Long
(5) Loggerhead sea turtle--        Caretta caretta  Southwest Indian    76 FR 58951; Sep     NA
 Southwest Indian Ocean DPS \2\.                     Ocean north of     22, 2011
                                                     the equator,
                                                     south of 30[deg]
                                                     N. Lat., west of
                                                     20[deg] E.
                                                     Long., and east
                                                     of 80[deg] E.
                                                     Long
(6) Olive ridley sea turtle \2\..  Lepidochelys     Wherever found,    43 FR 32800; Jul 28,  NA
                                    olivacea         except where       1978
                                                     listed as
                                                     endangered under
                                                     Sec.
                                                     224.101(c);
                                                     circumglobal in
                                                     tropical and
                                                     temperate seas
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
  see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
  FR 58612, November 20, 1991).
\2\ Jurisdiction for sea turtles by the Department of Commerce, National Oceanic and Atmospheric Administration,
  National Marine Fisheries Service, is limited to turtles while in the water.



 Subpart B_Restrictions Applicable to Threatened Marine and Anadromous 
                                 Species



Sec. 223.201  Guadalupe fur seal.

    (a) Prohibitions. The prohibitions of section 9 of the Act (16 
U.S.C. 1538) relating to endangered species apply to the Guadalupe fur 
seal except as provided in paragraph (b) of this section.
    (b) Exceptions. (1) The Assistant Administrator may issue permits 
authorizing activities which would otherwise be prohibited under 
paragraph (a) of this section in accordance with the subject to the 
provisions of part 222 subpart C--General Permit Procedures.
    (2) Any Federal, State or local government official, employee, or 
designated agent may, in the course of official duties, take a stranded 
Guadalupe fur seal without a permit if such taking:
    (i) Is accomplished in a humane manner;
    (ii) Is for the protection or welfare of the animal, is for the 
protection of the public health or welfare, or is for the salvage or 
disposal of a dead specimen;
    (iii) Includes steps designed to ensure the return of the animal to 
its natural habitat, if feasible; and
    (iv) Is reported within 30 days to the Regional Administrator, 
Southwest Region, National Marine Fisheries Service, 501 West Ocean 
Blvd., Suite 4200, Long Beach, CA 90802.
    (3) Any animal or specimen taken under paragraph (b)(2) of this 
section

[[Page 306]]

may only be retained, disposed of, or salvaged in accordance with 
directions from the Director, Southwest Region.

[50 FR 51258, Dec. 16, 1985. Redesignated and amended at 64 FR 14068, 
Mar. 23, 1999]



Sec. 223.202  Steller sea lion.

    (a) General prohibitions. The prohibitions of section 9 of the Act 
(16 U.S.C. 1538) and the following regulatory provisions shall apply to 
the eastern population of Steller sea lions:
    (1) No discharge of firearms. Except as provided in paragraph (b) of 
this section, no person subject to the jurisdiction of the United States 
may discharge a firearm at or within 100 yards (91.4 meters) of a 
Steller sea lion. A firearm is any weapon, such as a pistol or rifle, 
capable of firing a missile using an explosive charge as a propellant.
    (2) No approach in buffer areas. Except as provided in paragraph (b) 
of this section:
    (i) No owner or operator of a vessel may allow the vessel to 
approach within 3 nautical miles (5.5 kilometers) of a Steller sea lion 
rookery site listed in paragraph (a)(3) of this section;
    (ii) No person may approach on land not privately owned within one-
half statutory miles (0.8 kilometers) or within sight of a Steller sea 
lion rookery site listed in paragraph (a)(3) of this section, whichever 
is greater, except on Marmot Island; and
    (iii) No person may approach on land not privately owned within one 
and one-half statutory miles (2.4 kilometers) or within sight of the 
eastern shore of Marmot Island, including the Steller sea lion rookery 
site listed in paragraph (a)(3) of this section, whichever is greater.
    (3) Listed sea lion rookery sites. Listed Steller sea lion rookery 
sites consist of the rookeries in the Aleutian Islands and the Gulf of 
Alaska listed in Table 1.

                      Table 1 to Sec. 223.202--Listed Steller Sea Lion Rookery Sites \1\
----------------------------------------------------------------------------------------------------------------
                                            From                    To
              Island              ---------------------------------------------- NOAA chart         Notes
                                      Lat.        Long.       Lat.      Long.
----------------------------------------------------------------------------------------------------------------
1. Outer I.......................  59[deg]20.  150[deg]23  59[deg]21  150[deg]2      16681   S quadrant.
                                    5 N         .0 W        .0 N       4.5 W
2. Sugarloaf I...................  58[deg]53.  152[deg]02  .........  .........      16580   Whole island.
                                    0 N         .0 W
3. Marmot I......................  58[deg]14.  151[deg]47  58[deg]10  151[deg]5      16580   SE quadrant.
                                    5 N         .5 W        .0 N       1.0 W
4. Chirikof I....................  55[deg]46.  155[deg]39  55[deg]46  155[deg]4      16580   S quadrant.
                                    5 N         .5 W        .5 N       3.0 W
5. Chowiet I.....................  56[deg]00.  156[deg]41  56[deg]00  156[deg]4      16013   S quadrant.
                                    5 N         .5 W        .5 N       2.0 W
6. Atkins I......................  55[deg]03.  159[deg]18  .........  .........      16540   Whole island.
                                    5 N         .5 W
7. Chernabura I..................  54[deg]47.  159[deg]31  54[deg]45  159[deg]3      16540   SE corner.
                                    5 N         .0 W        .5 N       3.5 W
8. Pinnacle Rock.................  54[deg]46.  161[deg]46  .........  .........      16540   Whole island.
                                    0 N         .0 W
9. Clubbing Rks (N)..............  54[deg]43.  162[deg]26  .........  .........      16540   Whole island.
                                    0 N         .5 W
Clubbing Rks (S).................  54[deg]42.  162[deg]26  .........  .........      16540   Whole Island.
                                    0 N         .5 W
10. Sea Lion Rks.................  55[deg]28.  163[deg]12  .........  .........      16520   Whole island.
                                    0 N         .0 W
11. Ugamak I.....................  54[deg]14.  164[deg]48  54[deg]13  164[deg]4      16520   E end of island.
                                    0 N         .0 W        .0 N       8.0 W
12. Akun I.......................  54[deg]18.  165[deg]32  54[deg]18  165[deg]3      16547   Billings Head
                                    0 N         .5 W        .0 N       1.5 W                  Bight.
13. Akutan I.....................  54[deg]03.  166[deg]00  54[deg]05  166[deg]0      16520   SW corner, Cape
                                    5 N         .0 W        .5 N       5.0 W                  Morgan.
14. Bogoslof I...................  53[deg]56.  168[deg]02  .........  .........      16500   Whole island.
                                    0 N         .0 W
15. Ogchul I.....................  53[deg]00.  168[deg]24  .........  .........      16500   Whole island.
                                    0 N         .0 W
16. Adugak I.....................  52[deg]55.  169[deg]10  .........  .........      16500   Whole island.
                                    0 N         .5 W
17. Yunaska I....................  52[deg]42.  170[deg]38  52[deg]41  170[deg]3      16500   NE end.
                                    0 N         .5 W        .0 N       4.5 W
18. Seguam I.....................  52[deg]21.  172[deg]35  52[deg]21  172[deg]3      16480   N coast,
                                    0 N         .0 W        .0 N       3.0 W                  Saddleridge Pt.
19. Agligadak I..................  52[deg]06.  172[deg]54  .........  .........      16480   Whole island.
                                    5 N         .0 W
20. Kasatochi I..................  52[deg]10.  175[deg]31  52[deg]10  175[deg]2      16480   N half of island.
                                    0 N         .5 W        .5 N       9.0 W
21. Adak I.......................  51[deg]36.  176[deg]59  51[deg]38  176[deg]5      16460   SW Point, Lake
                                    5 N         .0 W        .0 N       9.5 W                  Point.
22. Gramp rock...................  51[deg]29.  178[deg]20  .........  .........      16460   Whole island.
                                    0 N         .5 W
23. Tag I........................  51[deg]33.  178[deg]34  .........  .........      16460   Whole island.
                                    5 N         .5 W
24. Ulak I.......................  51[deg]20.  178[deg]57  51[deg]18  178[deg]5      16460   SE corner, Hasgox
                                    0 N         .0 W        .5 N       9.5 W                  Pt.
25. Semisopochnoi................  51[deg]58.  179[deg]45  51[deg]57  179[deg]4      16440   E quadrant, Pochnoi
                                    5 N         .5 E        .0 N       6.0 E                  Pt.
Semisopochnoi....................  52[deg]01.  179[deg]37  52[deg]01  179[deg]3      16440   N quadrant, Petrel
                                    5 N         .5 E        .5 N       9.0 E                  Pt.
26. Amchitka I...................  51[deg]22.  179[deg]28  51[deg]21  179[deg]2      16440   East Cape.
                                    5 N         .0 E        .5 N       5.0 E
27. Amchitka I...................  51[deg]32.  178[deg]49  .........  .........      16440   Column Rocks.
                                    5 N         .5 E
28. Ayugadak Pt..................  51[deg]45.  178[deg]24  .........  .........      16440   SE coast of Rat
                                    5 N         .5 E                                          Island.
29. Kiska I......................  51[deg]57.  177[deg]21  51[deg]56  177[deg]2      16440   W central, Lief
                                    5 N         .0 E        .5 N       0.0 E                  Cove.
30. Kiska I......................  51[deg]52.  177[deg]13  51[deg]53  177[deg]1      16440   Cape St. Stephen.
                                    5 N         .0 E        .5 N       2.0 E
31. Walrus I.....................  57[deg]11.  169[deg]56  .........  .........      16380   Whole island.
                                    0 N         .0 W
32. Buldir I.....................  52[deg]20.  175[deg]57  52[deg]23  175[deg]5      16420   Se point to NW
                                    5 N         .0 E        .5 N       1.0 E                  point.
33. Agattu I.....................  52[deg]24.  173[deg]21  .........  .........      16420   Gillion Point.
                                    0 N         .5 E
34. Agattu I.....................  52[deg]23.  173[deg]43  52[deg]22  173[deg]4      16420   Cape Sabak.
                                    5 N         .5 E        .0 N       1.0 E

[[Page 307]]

 
35. Attu I.......................  52[deg]54.  172[deg]28  52[deg]57  172[deg]3      16681   S Quadrant.
                                    5 N         .5 E        .5 N       1.5 E
----------------------------------------------------------------------------------------------------------------
\1\ Each site extends in a clockwise direction from the first set of geographic coordinates along the shoreline
  at mean lower low water to the second set of coordinates; or, if only one set of geographic coordinates is
  listed, the site extends around the entire shoreline of the island at mean lower low water.


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    (4) Commercial Fishing Operations. The incidental mortality and 
serious injury of endangered and threatened Steller sea lions in 
commercial fisheries can be authorized in compliance with sections 
101(a)(5) and 118 of the Marine Mammal Protection Act.
    (b) Exceptions--(1) Permits. The Assistant Administrator may issue 
permits authorizing activities that would otherwise be prohibited under 
paragraph (a) of this section in accordance with and subject to the 
provisions of part 222, subpart C--General Permit Procedures.

[[Page 337]]

    (2) Official activities. The taking of Steller sea lions must be 
reported within 30 days to the Regional Administrator, Alaska Region. 
Paragraph (a) of this section does not prohibit or restrict a Federal, 
state or local government official, or his or her designee, who is 
acting in the course of official duties from:
    (i) Taking a Steller sea lion in a humane manner, if the taking is 
for the protection or welfare of the animal, the protection of the 
public health and welfare, or the nonlethal removal of nuisance animals; 
or
    (ii) Entering the buffer areas to perform activities that are 
necessary for national defense, or the performance of other legitimate 
governmental activities.
    (3) Subsistence takings by Alaska natives. Paragraph (a) of this 
section does not apply to the taking of Steller sea lions for 
subsistence purposes under section 10(e) of the Act.
    (4) Emergency situations. Paragraph (a)(2) of this section does not 
apply to an emergency situation in which compliance with that provision 
presents a threat to the health, safety, or life of a person or presents 
a significant threat to the vessel or property.
    (5) Exemptions. Paragraph (a)(2) of this section does not apply to 
any activity authorized by a prior written exemption from the Director, 
Alaska Region, National Marine Fisheries Service. Concurrently with the 
issuance of any exemption, the Assistant Administrator will publish 
notice of the exemption in the Federal Register. An exemption may be 
granted only if the activity will not have a significant adverse affect 
on Steller sea lions, the activity has been conducted historically or 
traditionally in the buffer zones, and there is no readily available and 
acceptable alternative to or site for the activity.
    (6) Navigational transit. Paragraph (a)(2) of this section does not 
prohibit a vessel in transit from passing through a strait, narrows, or 
passageway listed in this paragraph if the vessel proceeds in continuous 
transit and maintains a minimum of 1 nautical mile from the rookery 
site. The listing of a strait, narrows, or passageway does not indicate 
that the area is safe for navigation. The listed straits, narrows, or 
passageways include the following:

------------------------------------------------------------------------
                Rookery                     Straits, narrows, or pass
------------------------------------------------------------------------
Akutan Island..........................  Akutan Pass between Cape Morgan
                                          and Unalga Island.
Clubbing Rocks.........................  Between Clubbing Rocks and
                                          Cherni Island.
Outer Island...........................  Wildcat Pass between Rabbit and
                                          Ragged Islands.
------------------------------------------------------------------------

    (c) Penalties. (1) Any person who violates this section or the Act 
is subject to the penalties specified in section 11 of the Act, and any 
other penalties provided by law.
    (2) Any vessel used in violation of this section or the Endangered 
Species Act is subject to forfeiture under section 11(e)(4)(B) of the 
Act.

[55 FR 49210, Nov. 26, 1990, as amended at 56 FR 42542, Aug. 28, 1991; 
56 FR 58184, Nov. 18, 1991; 58 FR 16371, Mar. 26, 1993; 58 FR 53139, 
53141, Oct. 14, 1993; 58 FR 58594, Nov. 2, 1993; 62 FR 24355, May 5, 
1997. Redesignated and amended at 64 FR 14068-14069, Mar. 23, 1999]



Sec. 223.203  Anadromous fish.

    Available guidance documents cited in the regulatory text are listed 
in Appendix A to this section.
    (a) Prohibitions. The prohibitions of section 9(a)(1) of the ESA (16 
U.S.C. 1538(a)(1)) relating to endangered species apply to fish with an 
intact adipose fin that are part of the threatened species of salmonids 
listed in Sec. 223.102(c)(3) through (c)(25).
    (b) Limits on the prohibitions. The limits to the prohibitions of 
paragraph (a) of this section relating to threatened species of 
salmonids listed in Sec. 223.102(c)(3) through (c)(25) are described in 
the following paragraphs (b)(1) through (b)(13):
    (1) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and 
other exceptions under the Act relating to endangered species, including 
regulations in part 222 of this chapter implementing such exceptions, 
also apply to the threatened species of salmonids listed in Sec. 
223.102(a).
    (2) The prohibitions of paragraph (a) of this section relating to 
threatened Puget Sound steelhead listed in Sec. 223.102(c)(23) do not 
apply to:
    (i) Activities specified in an application for a permit for 
scientific purposes

[[Page 338]]

or to enhance the conservation or survival of the species, provided that 
the application has been received by the Assistant Administrator for 
Fisheries, NOAA (AA), no later than November 14, 2008. The prohibitions 
of this section apply to these activities upon the AA's rejection of the 
application as insufficient, upon issuance or denial of a permit, or 
June 1, 2009, whichever occurs earliest, or
    (ii) Steelhead harvested in tribal or recreational fisheries prior 
to June 1, 2009, so long as the harvest is authorized by the State of 
Washington or a tribe with jurisdiction over steelhead harvest. If NMFS 
does not receive a fishery management plan for Puget Sound steelhead by 
November 14, 2008, subsequent take by harvest will be subject to the 
take prohibitions.
    (3) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to any employee or designee of NMFS, the United States Fish and Wildlife 
Service, any Federal land management agency, the Idaho Department of 
Fish and Game (IDFG), Washington Department of Fish and Wildlife (WDFW), 
the Oregon Department of Fish and Wildlife (ODFW), California Department 
of Fish and Game (CDFG), or of any other governmental entity that has 
co-management authority for the listed salmonids, when the employee or 
designee, acting in the course of his or her official duties, takes a 
threatened salmonid without a permit if such action is necessary to:
    (i) Aid a sick, injured, or stranded salmonid,
    (ii) Dispose of a dead salmonid, or
    (iii) Salvage a dead salmonid which may be useful for scientific 
study.
    (iv) Each agency acting under this limit on the take prohibitions of 
paragraph (a) of this section is to report to NMFS the numbers of fish 
handled and their status, on an annual basis. A designee of the listed 
entities is any individual the Federal or state fishery agency or other 
co-manager has authorized in writing to perform the listed functions.
    (4) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to fishery harvest activities provided that:
    (i) Fisheries are managed in accordance with a NMFS-approved Fishery 
Management and Evaluation Plan (FMEP) and implemented in accordance with 
a letter of concurrence from NMFS. NMFS will approve an FMEP only if it 
clearly defines its intended scope and area of impact and sets forth the 
management objectives and performance indicators for the plan. The plan 
must adequately address the following criteria:
    (A) Define populations within affected listed ESUs, taking into 
account spatial and temporal distribution, genetic and phenotypic 
diversity, and other appropriate identifiably unique biological and life 
history traits. Populations may be aggregated for management purposes 
when dictated by information scarcity, if consistent with survival and 
recovery of the listed ESU. In identifying management units, the plan 
shall describe the reasons for using such units in lieu of population 
units, describe how the management units are defined, given biological 
and life history traits, so as to maximize consideration of the 
important biological diversity contained within the listed ESU, respond 
to the scale and complexity of the ESU, and help ensure consistent 
treatment of listed salmonids across a diverse geographic and 
jurisdictional range.
    (B) Utilize the concepts of ``viable'' and ``critical'' salmonid 
population thresholds, consistent with the concepts contained in the 
technical document entitled ``Viable Salmonid Populations (NMFS, 
2000b).'' The VSP paper provides a framework for identifying the 
biological requirements of listed salmonids, assessing the effects of 
management and conservation actions, and ensuring that such actions 
provide for the survival and recovery of listed species. Proposed 
management actions must recognize the significant differences in risk 
associated with viable and critical population threshold states and 
respond accordingly to minimize the long-term risks to population 
persistence. Harvest actions impacting populations that are functioning 
at or above the viable threshold must be designed to maintain the 
population or

[[Page 339]]

management unit at or above that level. For populations shown with a 
high degree of confidence to be above critical levels but not yet at 
viable levels, harvest management must not appreciably slow the 
population's achievement of viable function. Harvest actions impacting 
populations that are functioning at or below critical threshold must not 
be allowed to appreciably increase genetic and demographic risks facing 
the population and must be designed to permit the population's 
achievement of viable function, unless the plan demonstrates that the 
likelihood of survival and recovery of the entire ESU in the wild would 
not be appreciably reduced by greater risks to that individual 
population.
    (C) Set escapement objectives or maximum exploitation rates for each 
management unit or population based on its status and on a harvest 
program that assures that those rates or objectives are not exceeded. 
Maximum exploitation rates must not appreciably reduce the likelihood of 
survival and recovery of the ESU. Management of fisheries where 
artificially propagated fish predominate must not compromise the 
management objectives for commingled naturally spawned populations.
    (D) Display a biologically based rationale demonstrating that the 
harvest management strategy will not appreciably reduce the likelihood 
of survival and recovery of the ESU in the wild, over the entire period 
of time the proposed harvest management strategy affects the population, 
including effects reasonably certain to occur after the proposed actions 
cease.
    (E) Include effective monitoring and evaluation programs to assess 
compliance, effectiveness, and parameter validation. At a minimum, 
harvest monitoring programs must collect catch and effort data, 
information on escapements, and information on biological 
characteristics, such as age, fecundity, size and sex data, and 
migration timing.
    (F) Provide for evaluating monitoring data and making any revisions 
of assumptions, management strategies, or objectives that data show are 
needed.
    (G) Provide for effective enforcement and education. Coordination 
among involved jurisdictions is an important element in ensuring 
regulatory effectiveness and coverage.
    (H) Include restrictions on resident and anadromous species 
fisheries that minimize any take of listed species, including time, 
size, gear, and area restrictions.
    (I) Be consistent with plans and conditions established within any 
Federal court proceeding with continuing jurisdiction over tribal 
harvest allocations.
    (ii) The state monitors the amount of take of listed salmonids 
occurring in its fisheries and provides to NMFS on a regular basis, as 
defined in NMFS' letter of concurrence for the FMEP, a report 
summarizing this information, as well as the implementation and 
effectiveness of the FMEP. The state shall provide NMFS with access to 
all data and reports prepared concerning the implementation and 
effectiveness of the FMEP.
    (iii) The state confers with NMFS on its fishing regulation changes 
affecting listed ESUs to ensure consistency with the approved FMEP. 
Prior to approving a new or amended FMEP, NMFS will publish notification 
in the Federal Register announcing its availability for public review 
and comment. Such an announcement will provide for a comment period on 
the draft FMEP of not less than 30 days.
    (iv) NMFS provides written concurrence of the FMEP which specifies 
the implementation and reporting requirements. NMFS' approval of a plan 
shall be a written approval by NMFS Southwest or Northwest Regional 
Administrator, as appropriate. On a regular basis, NMFS will evaluate 
the effectiveness of the program in protecting and achieving a level of 
salmonid productivity commensurate with conservation of the listed 
salmonids. If it is not, NMFS will identify ways in which the program 
needs to be altered or strengthened. If the responsible agency does not 
make changes to respond adequately to the new information, NMFS will 
publish notification in the Federal Register announcing its intention to 
withdraw the limit for activities associated with that FMEP. Such an 
announcement will provide for

[[Page 340]]

a comment period of not less than 30 days, after which NMFS will make a 
final determination whether to withdraw the limit so that the 
prohibitions would then apply to those fishery harvest activities. A 
template for developing FMEPs is available from NMFS Northwest Region's 
website (www.nwr.noaa.gov).
    (v) The prohibitions of paragraph (a) of this section relating to 
threatened species of steelhead listed in Sec. 223.102 (a)(5) through 
(a)(9), (a)(14), and (a)(15) do not apply to fisheries managed solely by 
the states of Oregon, Washington, Idaho, and California until January 8, 
2001.
    (5) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to activity associated with artificial propagation programs provided 
that:
    (i) A state or Federal Hatchery and Genetics Management Plan (HGMP) 
has been approved by NMFS as meeting the following criteria:
    (A) The HGMP has clearly stated goals, performance objectives, and 
performance indicators that indicate the purpose of the program, its 
intended results, and measurements of its performance in meeting those 
results. Goals shall address whether the program is intended to meet 
conservation objectives, contribute to the ultimate sustainability of 
natural spawning populations, and/or intended to augment tribal, 
recreational, or commercial fisheries. Objectives should enumerate the 
results desired from the program that will be used to measure the 
program's success or failure.
    (B) The HGMP utilizes the concepts of viable and critical salmonid 
population threshold, consistent with the concepts contained in the 
technical document entitled ``Viable Salmonid Populations'' (NMFS, 
2000b). Listed salmonids may be purposefully taken for broodstock 
purposes only if the donor population is currently at or above the 
viable threshold and the collection will not impair its function; if the 
donor population is not currently viable but the sole objective of the 
current collection program is to enhance the propagation or survival of 
the listed ESU; or if the donor population is shown with a high degree 
of confidence to be above critical threshold although not yet 
functioning at viable levels, and the collection will not appreciably 
slow the attainment of viable status for that population.
    (C) Taking into account health, abundances, and trends in the donor 
population, broodstock collection programs reflect appropriate 
priorities. The primary purpose of broodstock collection programs of 
listed species is to reestablish indigenous salmonid populations for 
conservation purposes. Such programs include restoration of similar, at-
risk populations within the same ESU, and reintroduction of at-risk 
populations to underseeded habitat. After the species' conservation 
needs are met and when consistent with survival and recovery of the ESU, 
broodstock collection programs may be authorized by NMFS such for 
secondary purposes, as to sustain tribal, recreational, and commercial 
fisheries.
    (D) The HGMP includes protocols to address fish health, broodstock 
collection, broodstock spawning, rearing and release of juveniles, 
deposition of hatchery adults, and catastrophic risk management.
    (E) The HGMP evaluates, minimizes, and accounts for the propagation 
program's genetic and ecological effects on natural populations, 
including disease transfer, competition, predation, and genetic 
introgression caused by the straying of hatchery fish.
    (F) The HGMP describes interrelationships and interdependencies with 
fisheries management. The combination of artificial propagation programs 
and harvest management must be designed to provide as many benefits and 
as few biological risks as possible for the listed species. For programs 
whose purpose is to sustain fisheries, HGMPs must not compromise the 
ability of FMEPs or other management plans to conserve listed salmonids.
    (G) Adequate artificial propagation facilities exist to properly 
rear progeny of naturally spawned broodstock, to maintain population 
health and diversity, and to avoid hatchery-influenced selection or 
domestication.
    (H) Adequate monitoring and evaluation exist to detect and evaluate 
the success of the hatchery program and

[[Page 341]]

any risks potentially impairing the recovery of the listed ESU.
    (I) The HGMP provides for evaluating monitoring data and making any 
revisions of assumptions, management strategies, or objectives that data 
show are needed;
    (J) NMFS provides written concurrence of the HGMP which specifies 
the implementation and reporting requirements. For Federally operated or 
funded hatcheries, the ESA section 7 consultation will achieve this 
purpose.
    (K) The HGMP is consistent with plans and conditions set within any 
Federal court proceeding with continuing jurisdiction over tribal 
harvest allocations.
    (ii) The state monitors the amount of take of listed salmonids 
occurring in its hatchery program and provides to NMFS on a regular 
basis a report summarizing this information, and the implementation and 
effectiveness of the HGMP as defined in NMFS' letter of concurrence. The 
state shall provide NMFS with access to all data and reports prepared 
concerning the implementation and effectiveness of the HGMP.
    (iii) The state confers with NMFS on a regular basis regarding 
intended collections of listed broodstock to ensure congruity with the 
approved HGMP.
    (iv) Prior to final approval of an HGMP, NMFS will publish 
notification in the Federal Register announcing its availability for 
public review and comment for a period of at least 30 days.
    (v) NMFS' approval of a plan shall be a written approval by NMFS 
Southwest or Northwest Regional Administrator, as appropriate.
    (vi) On a regular basis, NMFS will evaluate the effectiveness of the 
HGMP in protecting and achieving a level of salmonid productivity 
commensurate with the conservation of the listed salmonids. If the HGMP 
is not effective, the NMFS will identify to the jurisdiction ways in 
which the program needs to be altered or strengthened. If the 
responsible agency does not make changes to respond adequately to the 
new information, NMFS will publish notification in the Federal Register 
announcing its intention to withdraw the limit on activities associated 
with that program. Such an announcement will provide for a comment 
period of no less than 30 days, after which NMFS will make a final 
determination whether to withdraw the limit so that take prohibitions, 
likeall other activity not within a limit, would then apply to that 
program. A template for developing HGMPs is available from NMFS 
Northwest Region's website (www.nwr.noaa.gov).
    (6) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to actions undertaken in compliance with a resource management plan 
developed jointly by the States of Washington, Oregon and/or Idaho and 
the Tribes (joint plan) within the continuing jurisdiction of United 
States v. Washington or United States v. Oregon, the on-going Federal 
court proceedings to enforce and implement reserved treaty fishing 
rights, provided that:
    (i) The Secretary has determined pursuant to 50 CFR 223.209 and the 
government-to-government processes therein that implementing and 
enforcing the joint tribal/state plan will not appreciably reduce the 
likelihood of survival and recovery of affected threatened ESUs.
    (ii) The joint plan will be implemented and enforced within the 
parameters set forth in United States v. Washington or United States v. 
Oregon.
    (iii) In making that determination for a joint plan, the Secretary 
has taken comment on how any fishery management plan addresses the 
criteria in Sec. 223.203(b)(4), or on how any hatchery and genetic 
management plan addresses the criteria in Sec. 223.203(b)(5).
    (iv) The Secretary shall publish notice in the Federal Register of 
any determination whether or not a joint plan, will appreciably reduce 
the likelihood of survival and recovery of affected threatened ESUs, 
together with a discussion of the biological analysis underlying that 
determination.
    (v) On a regular basis, NMFS will evaluate the effectiveness of the 
joint plan in protecting and achieving a level of salmonid productivity 
commensurate with conservation of the listed salmonids. If the plan is 
not effective, then NMFS will identify to the

[[Page 342]]

jurisdiction ways in which the joint plan needs to be altered or 
strengthened. If the responsible agency does not make changes to respond 
adequately to the new information, NMFS will publish notification in the 
Federal Register announcing its intention to withdraw the limit on 
activities associated with that joint plan. Such an announcement will 
provide for a comment period of no less than 30 days, after which NMFS 
will make a final determination whether to withdraw the limit so that 
take prohibitions would then apply to that joint plan as to all other 
activity not within a limit.
    (7) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to scientific research activities provided that:
    (i) Scientific research activities involving purposeful take is 
conducted by employees or contractors of the ODFW, WDFW (Agencies), 
IDFG, or CDFG (Agencies), or as a part of a monitoring and research 
program overseen by or coordinated with that Agency.
    (ii) The Agencies provide for NMFS' review and approval a list of 
all scientific research activities involving direct take planned for the 
coming year, including an estimate of the total direct take that is 
anticipated, a description of the study design, including a 
justification for taking the species and a description of the techniques 
to be used, and a point of contact.
    (iii) The Agencies annually provide to NMFS the results of 
scientific research activities directed at threatened salmonids, 
including a report of the direct take resulting from the studies and a 
summary of the results of such studies.
    (iv) Scientific research activities that may incidentally take 
threatened salmonids are either conducted by agency personnel, or are in 
accord with a permit issued by the Agency.
    (v) The Agencies provide NMFS annually, for its review and approval, 
a report listing all scientific research activities it conducts or 
permits that may incidentally take threatened salmonids during the 
coming year. Such reports shall also contain the amount of incidental 
take of threatened salmonids occurring in the previous year's scientific 
research activities and a summary of the results of such research.
    (vi) Electrofishing in any body of water known or suspected to 
contain threatened salmonids is conducted in accordance with NMFS 
``Guidelines for Electrofishing Waters Containing Salmonids Listed Under 
the Endangered Species Act'' (NMFS, 2000a).
    (vii) NMFS' approval of a research program shall be a written 
approval by NMFS Northwest or Southwest Regional Administrator.
    (8) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to habitat restoration activities, as defined in paragraph (b)(8)(iv) of 
this section, provided that the activity is part of a watershed 
conservation plan, and:
    (i) The watershed conservation plan has been certified by the State 
of Washington, Oregon, Idaho, or California (State) to be consistent 
with the state's watershed conservation plan guidelines.
    (ii) The State's watershed conservation plan guidelines have been 
found by NMFS to provide for plans that:
    (A) Take into account the potential severity of direct, indirect, 
and cumulative impacts of proposed activities in light of the status of 
affected species and populations.
    (B) Will not reduce the likelihood of either survival or recovery of 
listed species in the wild.
    (C) Ensure that any taking will be incidental.
    (D) Minimize and mitigate any adverse impacts.
    (E) Provide for effective monitoring and adaptive management.
    (F) Use the best available science and technology, including 
watershed analysis.
    (G) Provide for public and scientific review and input.
    (H) Include any measures that NMFS determines are necessary or 
appropriate.
    (I) Include provisions that clearly identify those activities that 
are part of plan implementation.

[[Page 343]]

    (J) Control risk to listed species by ensuring funding and 
implementation of the above plan components.
    (iii) NMFS will periodically review state certifications of 
Watershed Conservation Plans to ensure adherence to approved watershed 
conservation plan guidelines.
    (iv) ``Habitat restoration activity'' is defined as an activity 
whose primary purpose is to restore natural aquatic or riparian habitat 
conditions or processes. ``Primary purpose'' means the activity would 
not be undertaken but for its restoration purpose.
    (v) Prior to approving watershed conservation plan guidelines under 
paragraph (b)(8)(ii) of this section, NMFS will publish notification in 
the Federal Register announcing the availability of the proposed 
guidelines for public review and comment. Such an announcement will 
provide for a comment period on the draft guidelines of no less than 30 
days.
    (9) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to the physical diversion of water from a stream or lake, provided that:
    (i) NMFS' engineering staff or any resource agency or tribe NMFS 
designates (authorized officer) has agreed in writing that the diversion 
facility is screened, maintained, and operated in compliance with 
Juvenile Fish Screen Criteria, National Marine Fisheries Service, 
Northwest Region, Revised February 16, 1995, with Addendum of May 9, 
1996, or in California with NMFS' Southwest Region ``Fish Screening 
Criteria for Anadromous Salmonids, January 1997'' or with any subsequent 
revision.
    (ii) The owner or manager of the diversion allows any NMFS engineer 
or authorized officer access to the diversion facility for purposes of 
inspection and determination of continued compliance with the criteria.
    (iii) On a case by case basis, NMFS or an Authorized Officer will 
review and approve a juvenile fish screen design and construction plan 
and schedule that the water diverter proposes for screen installation. 
The plan and schedule will describe interim operation measures to avoid 
take of threatened salmonids. NMFS may require a commitment of 
compensatory mitigation if implementation of the plan and schedule is 
terminated prior to completion. If the plan and schedule are not met, or 
if a schedule modification is made that is not approved by NMFS or 
Authorized Officer, or if the screen installation deviates from the 
approved design, the water diversion will be subject to take 
prohibitions and mitigation.
    (iv) This limit on the prohibitions of paragraph (a) of this section 
does not encompass any impacts of reduced flows resulting from the 
diversion or impacts caused during installation of the diversion device. 
These impacts are subject to the prohibition on take of listed 
salmonids.
    (10) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to routine road maintenance activities provided that:
    (i) The activity results from routine road maintenance activity 
conducted by ODOT employees or agents that complies with ODOT's 
Transportation Maintenance Management System Water Quality and Habitat 
Guide (July, 1999); or by employees or agents of a state, county, city 
or port that complies with a program substantially similar to that 
contained in the ODOT Guide that is determined to meet or exceed the 
protections provided by the ODOT Guide; or by employees or agents of a 
state, county, city or port that complies with a routine road 
maintenance program that meets proper functioning habitat conditions as 
described further in subparagraph (ii) following. NMFS' approval of 
state, city, county, or port programs that are equivalent to the ODOT 
program, or of any amendments, shall be a written approval by NMFS 
Northwest or Southwest Regional Administrator, whichever is appropriate. 
Any jurisdiction desiring its routine road maintenance activities to be 
within this limit must first commit in writing to apply management 
practices that result in protections equivalent to or better than those 
provided by the ODOT Guide, detailing how it will assure adequate 
training, tracking, and reporting, and

[[Page 344]]

describing in detail any dust abatement practices it requests to be 
covered.
    (ii) NMFS finds the routine road maintenance activities of any 
state, city, county, or port to be consistent with the conservation of 
listed salmonids' habitat when it contributes, as does the ODOT Guide, 
to the attainment and maintenance of properly functioning condition 
(PFC). NMFS defines PFC as the sustained presence of natural habitat-
forming processes that are necessary for the long-term survival of 
salmonids through the full range of environmental variation. Actions 
that affect salmonid habitat must not impair properly functioning 
habitat, appreciably reduce the functioning of already impaired habitat, 
or retard the long-term progress of impaired habitat toward PFC. 
Periodically, NMFS will evaluate an approved program for its 
effectiveness in maintaining and achieving habitat function that 
provides for conservation of the listed salmonids. Whenever warranted, 
NMFS will identify to the jurisdiction ways in which the program needs 
to be altered or strengthened. Changes may be identified if the program 
is not protecting desired habitat functions, or where even with the 
habitat characteristics and functions originally targeted, habitat is 
not supporting population productivity levels needed to conserve the 
ESU. If any jurisdiction within the limit does not make changes to 
respond adequately to the new information in the shortest amount of time 
feasible, but not longer than one year, NMFS will publish notification 
in the Federal Register announcing its intention to withdraw the limit 
so that take prohibitions would then apply to the program as to all 
other activity not within a limit. Such an announcement will provide for 
a comment period of no less than 30 days, after which NMFS will make a 
final determination whether to subject the activities to the ESA section 
9(a)(1) prohibitions.
    (iii) Prior to implementing any changes to a program within this 
limit the jurisdiction provides NMFS a copy of the proposed change for 
review and approval as within this limit.
    (iv) Prior to approving any state, city, county, or port program as 
within this limit, or approving any substantive change in a program 
within this limit, NMFS will publish notification in the Federal 
Register announcing the availability of the program or the draft changes 
for public review and comment. Such an announcement will provide for a 
comment period of not less than 30 days.
    (v) Pesticide and herbicide spraying is not included within this 
limit, even if in accord with the ODOT guidance.
    (11) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to activities within the City of Portland, Oregon Parks and Recreation 
Department's (PP&R) Pest Management Program (March 1997), including its 
Waterways Pest Management Policy updated December 1, 1999, provided 
that:
    (i) Use of only the following chemicals is included within this 
limit on the take prohibitions: Round Up, Rodeo, Garlon 3A, Surfactant 
LI-700, Napropamide, Cutrine Plus, and Aquashade.
    (ii) Any chemical use is initiated in accord with the priorities and 
decision processes of the Department's Pest Management Policy, including 
the Waterways Pest Management Policy, updated December 1, 1999.
    (iii) Any chemical use within a 25 ft. (7.5 m) buffer complies with 
the buffer application constraints contained in PP&R's Waterways Pest 
Management Policy (update December 1, 1999).
    (iv) Prior to implementing any changes to this limit, the PP&R 
provides NMFS with a copy of the proposed change for review and approval 
as within this limit.
    (v) Prior to approving any substantive change in a program within 
this limit, NMFS will publish notification in the Federal Register 
announcing the availability of the program or the draft changes for 
public review and comment. Such an announcement will provide for a 
comment period of no less than 30 days.
    (vi) NMFS' approval of amendments shall be a written approval by 
NMFS Northwest Regional Administrator.

[[Page 345]]

    (vii) NMFS finds the PP&R Pest Management Program activities to be 
consistent with the conservation of listed salmonids' habitat by 
contributing to the attainment and maintenance of properly functioning 
condition (PFC). NMFS defines PFC as the sustained presence of a 
watershed's natural habitat-forming processes that are necessary for the 
long-term survival of salmonids through the full range of environmental 
variation. Actions that affect salmonid habitat must not impair properly 
functioning habitat, appreciably reduce the functioning of already 
impaired habitat, or retard the long-term progress of impaired habitat 
toward PFC. Periodically, NMFS will evaluate the effectiveness of an 
approved program in maintaining and achieving habitat function that 
provides for conservation of the listed salmonids. Whenever warranted, 
NMFS will identify to the jurisdiction ways in which the program needs 
to be altered or strengthened. Changes may be identified if the program 
is not protecting desired habitat functions, or where even with the 
habitat characteristics and functions originally targeted, habitat is 
not supporting population productivity levels needed to conserve the 
ESU. If any jurisdiction within the limit does not make changes to 
respond adequately to the new information in the shortest amount of time 
feasible, but not longer than 1 year, NMFS will publish notification in 
the Federal Register announcing its intention to withdraw the limit so 
that take prohibitions would then apply to the program as to all other 
activity not within a limit. Such an announcement will provide for a 
comment period of no less than 30 days, after which NMFS will make a 
final determination whether to subject the activities to the ESA section 
9(a)(1) prohibitions.
    (12) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to municipal, residential, commercial, and industrial (MRCI) development 
(including redevelopment) activities provided that:
    (i) Such development occurs pursuant to city, county, or regional 
government ordinances or plans that NMFS has determined are adequately 
protective of listed species; or within the jurisdiction of the Metro 
regional government in Oregon and pursuant to ordinances that Metro has 
found comply with its Urban Growth Management Functional Plan 
(Functional Plan) following a determination by NMFS that the Functional 
Plan is adequately protective. NMFS approval or determinations about any 
MRCI development ordinances or plans, including the Functional Plan, 
shall be a written approval by NMFS Northwest or Southwest Regional 
Administrator, whichever is appropriate. NMFS will apply the following 
12 evaluation considerations when reviewing MRCI development ordinances 
or plans to assess whether they adequately conserve listed salmonids by 
maintaining and restoring properly functioning habitat conditions:
    (A) MRCI development ordinance or plan ensures that development will 
avoid inappropriate areas such as unstable slopes, wetlands, areas of 
high habitat value, and similarly constrained sites.
    (B) MRCI development ordinance or plan adequately avoids stormwater 
discharge impacts to water quality and quantity or to the hydrograph of 
the watershed, including peak and base flows of perennial streams.
    (C) MRCI development ordinance or plan provides adequately 
protective riparian area management requirements to attain or maintain 
PFC around all rivers, estuaries, streams, lakes, deepwater habitats, 
and intermittent streams. Compensatory mitigation is provided, where 
necessary, to offset unavoidable damage to PFC due to MRCI development 
impacts to riparian management areas.
    (D) MRCI development ordinance or plan avoids stream crossings by 
roads, utilities, and other linear development wherever possible, and, 
where crossings must be provided, minimize impacts through choice of 
mode, sizing, and placement.
    (E) MRCI development ordinance or plan adequately protects 
historical stream meander patterns and channel migration zones and 
avoids hardening of stream banks and shorelines.

[[Page 346]]

    (F) MRCI development ordinance or plan adequately protects wetlands 
and wetland functions, including isolated wetlands.
    (G) MRCI development ordinance or plan adequately preserves the 
hydrologic capacity of permanent and intermittent streams to pass peak 
flows.
    (H) MRCI development ordinance or plan includes adequate provisions 
for landscaping with native vegetation to reduce need for watering and 
application of herbicides, pesticides, and fertilizer.
    (I) MRCI development ordinance or plan includes adequate provisions 
to prevent erosion and sediment run-off during construction.
    (J) MRCI development ordinance or plan ensures that water supply 
demands can be met without impacting flows needed for threatened 
salmonids either directly or through groundwater withdrawals and that 
any new water diversions are positioned and screened in a way that 
prevents injury or death of salmonids.
    (K) MRCI development ordinance or plan provides necessary 
enforcement, funding, reporting, and implementation mechanisms and 
formal plan evaluations at intervals that do not exceed 5 years.
    (L) MRCI development ordinance and plan complies with all other 
state and Federal environmental and natural resource laws and permits.
    (ii) The city, county or regional government provides NMFS with 
annual reports regarding implementation and effectiveness of the 
ordinances, including: any water quality monitoring information the 
jurisdiction has available; aerial photography (or some other graphic 
display) of each MRCI development or MRCI expansion area at sufficient 
detail to demonstrate the width and vegetation condition of riparian 
set-backs; information to demonstrate the success of stormwater 
management and other conservation measures; and a summary of any flood 
damage, maintenance problems, or other issues.
    (iii) NMFS finds the MRCI development activity to be consistent with 
the conservation of listed salmonids' habitat when it contributes to the 
attainment and maintenance of PFC. NMFS defines PFC as the sustained 
presence of a watershed's habitat-forming processes that are necessary 
for the long-term survival of salmonids through the full range of 
environmental variation. Actions that affect salmonid habitat must not 
impair properly functioning habitat, appreciably reduce the functioning 
of already impaired habitat, or retard the long-term progress of 
impaired habitat toward PFC. Periodically, NMFS will evaluate an 
approved program for its effectiveness in maintaining and achieving 
habitat function that provides for conservation of the listed salmonids. 
Whenever warranted, NMFS will identify to the jurisdiction ways in which 
the program needs to be altered or strengthened. Changes may be 
identified if the program is not protecting desired habitat functions, 
or where even with the habitat characteristics and functions originally 
targeted, habitat is not supporting population productivity levels 
needed to conserve the ESU. If any jurisdiction within the limit does 
not make changes to respond adequately to the new information in the 
shortest amount of time feasible, but not longer than 1 year, NMFS will 
publish notification in the Federal Register announcing its intention to 
withdraw the limit so that take prohibitions would then apply to the 
program as to all other activity not within a limit. Such an 
announcement will provide for a comment period of no less than 30 days, 
after which NMFS will make a final determination whether to subject the 
activities to the ESA section 9(a)(1) prohibitions.
    (iv) Prior to approving any city, county, or regional government 
ordinances or plans as within this limit, or approving any substantive 
change in an ordinance or plan within this limit, NMFS will publish 
notification in the Federal Register announcing the availability of the 
ordinance or plan or the draft changes for public review and comment. 
Such an announcement will provide for a comment period of no less than 
30 days.
    (13) The prohibitions of paragraph (a) of this section relating to 
threatened species of salmonids listed in Sec. 223.102(a) do not apply 
to non-Federal

[[Page 347]]

forest management activities conducted in the State of Washington 
provided that:
    (i) The action is in compliance with forest practice regulations 
adopted and implemented by the Washington Forest Practices Board that 
NMFS has found are at least as protective of habitat functions as are 
the regulatory elements of the Forests and Fish Report dated April 29, 
1999, and submitted to the Forest Practices Board by a consortium of 
landowners, tribes, and state and Federal agencies.
    (ii) All non-regulatory elements of the Forests and Fish Report are 
being implemented.
    (iii) Actions involving use of herbicides, pesticides, or fungicides 
are not included within this limit.
    (iv) Actions taken under alternative plans are included in this 
limit provided that the Washington Department of Natural Resources 
(WDNR) finds that the alternate plans protect physical and biological 
processes at least as well as the state forest practices rules and 
provided that NMFS, or any resource agency or tribe NMFS designates, has 
the opportunity to review the plan at every stage of the development and 
implementation. A plan may be excluded from this limit if, after such 
review, WDNR determines that the plan is not likely to adequately 
protect listed salmon.
    (v) Prior to determining that regulations adopted by the Forest 
Practice Board are at least as protective as the elements of the Forests 
and Fish Report, NMFS will publish notification in the Federal Register 
announcing the availability of the Report and regulations for public 
review and comment.
    (vi) NMFS finds the activities to be consistent with the 
conservation of listed salmonids' habitat by contributing to the 
attainment and maintenance of PFC. NMFS defines PFC as the sustained 
presence of a watershed's natural habitat-forming processes that are 
necessary for the long-term survival of salmonids through the full range 
of environmental variation. Actions that affect salmonid habitat must 
not impair properly functioning habitat, appreciably reduce the 
functioning of already impaired habitat, or retard the long-term 
progress of impaired habitat toward PFC. Programs must meet this 
biological standard in order for NMFS to find they qualify for a 
habitat-related limit. NMFS uses the best available science to make 
these determinations. NMFS may review and revise previous findings as 
new scientific information becomes available. NMFS will evaluate the 
effectiveness of the program in maintaining and achieving habitat 
function that provides for conservation of the listed salmonids. If the 
program is not adequate, NMFS will identify to the jurisdiction ways in 
which the program needs to be altered or strengthened. Changes may be 
identified if the program is not protecting desired habitat functions or 
where even with the habitat characteristics and functions originally 
targeted, habitat is not supporting population productivity levels 
needed to conserve the ESU. If Washington does not make changes to 
respond adequately to the new information, NMFS will publish 
notification in the Federal Register announcing its intention to 
withdraw the limit on activities associated with the program. Such an 
announcement will provide for a comment period of no less than 30 days, 
after which NMFS will make a final determination whether to subject the 
activities to the ESA section 9(a)(1) take prohibitions.
    (vii) NMFS approval of regulations shall be a written approval by 
NMFS Northwest Regional Administrator.
    (c) Affirmative Defense. In connection with any action alleging a 
violation of the prohibitions of paragraph (a) of this section with 
respect to the threatened species of salmonids listed in Sec. 
223.102(a), any person claiming the benefit of any limit listed in 
paragraph (b) of this section or Sec. 223.204(a) shall have a defense 
where the person can demonstrate that the limit is applicable and was in 
force, and that the person fully complied with the limit at the time of 
the alleged violation. This defense is an affirmative defense that must 
be raised, pleaded, and proven by the proponent. If proven, this defense 
will be an absolute defense to liability under section 9(a)(1)(G) of the 
ESA with respect to the alleged violation.
    (d) Severability. The provisions of this section and the various 
applications

[[Page 348]]

thereof are distinct and severable from one another. If any provision or 
the application thereof to any person or circumstances is stayed or 
determined to be invalid, such stay or invalidity shall not affect other 
provisions, or the application of such provisions to other persons or 
circumstances, which can be given effect without the stayed or invalid 
provision or application.

         Appendix A to Sec. 223.203--List of Guidance Documents

    The following is a list of documents cited in the regulatory text. 
Copies of these documents may be obtained upon request from the 
Northwest or Southwest Regional Administrators (see Table 1 in Sec. 
600.502 of this title).
    1. Oregon Department of Transportation (ODOT) Maintenance Management 
System Water Quality and Habitat Guide (July, 1999).
    2. Guidelines for Electrofishing Waters Containing Salmonids Listed 
Under the Endangered Species Act.
    3. Fish Screening Criteria for Anadromous Salmonids, National Marine 
Fisheries Service, Southwest Region, 1997.
    4. Viable Salmonid Populations and the Recovery of Evolutionarily 
Significant Units. (June 2000).

[65 FR 42475, July 10, 2000, as amended at 67 FR 1129, Jan. 9, 2002; 67 
FR 68725, Nov. 12, 2002; 70 FR 37202, 37203, June 28, 2005; 71 FR 5180, 
Feb. 1, 2006; 73 FR 7843, Feb. 11, 2008; 73 FR 55455, Sept. 25, 2008; 76 
FR 12293, Mar. 7, 2011]



Sec. 223.204  Tribal plans.

    (a) Limits on the prohibitions. The prohibitions of Sec. 223.203(a) 
of this subpart relating to threatened species of salmonids listed in 
Sec. 223.102 do not apply to any activity undertaken by a tribe, tribal 
member, tribal permittee, tribal employee, or tribal agent in compliance 
with a Tribal resource management plan (Tribal Plan), provided that the 
Secretary determines that implementation of such Tribal Plan will not 
appreciably reduce the likelihood of survival and recovery of the listed 
salmonids. In making that determination the Secretary shall use the best 
available biological data (including any tribal data and analysis) to 
determine the Tribal Plan's impact on the biological requirements of the 
species, and will assess the effect of the Tribal Plan on survival and 
recovery, consistent with legally enforceable tribal rights and with the 
Secretary's trust responsibilities to tribes.
    (b) Consideration of a Tribal Plan. (1) A Tribal Plan may include 
but is not limited to plans that address fishery harvest, artificial 
production, research, or water or land management, and may be developed 
by one tribe or jointly with other tribes. The Secretary will consult on 
a government-to-government basis with any tribe that so requests and 
will provide to the maximum extent practicable technical assistance in 
examining impacts on listed salmonids and other salmonids as tribes 
develop Tribal resource management plans that meet the management 
responsibilities and needs of the tribes. A Tribal Plan must specify the 
procedures by which the tribe will enforce its provisions.
    (2) Where there exists a Federal court proceeding with continuing 
jurisdiction over the subject matter of a Tribal Plan, the plan may be 
developed and implemented within the ongoing Federal Court proceeding. 
In such circumstances, compliance with the Tribal Plan's terms shall be 
determined within that Federal Court proceeding.
    (3) The Secretary shall seek comment from the public on the 
Secretary's pending determination whether or not implementation of a 
Tribal Plan will appreciably reduce the likelihood of survival and 
recovery of the listed salmonids.
    (4) The Secretary shall publish notification in the Federal Register 
of any determination regarding a Tribal Plan and the basis for that 
determination.

[65 FR 42485, July 10, 2000. Redesignated at 70 FR 37203, June 28, 2005]



Sec. 223.205  Sea turtles.

    (a) The prohibitions of section 9 of the Act (16 U.S.C. 1538) 
relating to endangered species apply to threatened species of sea 
turtle, except as provided in Sec. 223.206.
    (b) Except as provided in Sec. 223.206, it is unlawful for any 
person subject to the jurisdiction of the United States to do any of the 
following:
    (1) Own, operate, or be on board a vessel, except if that vessel is 
in compliance with all applicable provisions of Sec. 223.206(d);
    (2) Fish for, catch, take, harvest, or possess, fish or wildlife 
while on board

[[Page 349]]

a vessel, except if that vessel is in compliance with all applicable 
provisions of Sec. 223.206(d);
    (3) Fish for, catch, take, harvest, or possess, fish or wildlife 
contrary to any notice of tow-time or other restriction specified in, or 
issued under, Sec. 223.206(d)(3) or (d)(4);
    (4) Possess fish or wildlife taken in violation of paragraph (b) of 
this section;
    (5) Fail to follow any of the sea turtle handling and resuscitation 
requirements specified in Sec. 223.206(d)(1);
    (6) Possess a sea turtle in any manner contrary to the handling and 
resuscitation requirements of Sec. 223.206(d)(1);
    (7) Fail to comply immediately, in the manner specified at Sec. 
600.730 (b) through (d) of this Title, with instructions and signals 
specified therein issued by an authorized officer, including 
instructions and signals to haul back a net for inspection;
    (8) Refuse to allow an authorized officer to board a vessel, or to 
enter an area where fish or wildlife may be found, for the purpose of 
conducting a boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;
    (9) Destroy, stave, damage, or dispose of in any manner, fish or 
wildlife, gear, cargo, or any other matter after a communication or 
signal from an authorized officer, or upon the approach of such an 
officer or of an enforcement vessel or aircraft, before the officer has 
an opportunity to inspect same, or in contravention of directions from 
the officer;
    (10) Assault, resist, oppose, impede, intimidate, threaten, 
obstruct, delay, prevent, or interfere with an authorized officer in the 
conduct of any boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;
    (11) Interfere with, delay, or prevent by any means, the 
apprehension of another person, knowing that such person committed an 
act prohibited by this section;
    (12) Resist a lawful arrest for an act prohibited by this section;
    (13) Make a false statement, oral or written, to an authorized 
officer or to the agency concerning the fishing for, catching, taking, 
harvesting, landing, purchasing, selling, or transferring fish or 
wildlife, or concerning any other matter subject to investigation under 
this section by such officer, or required to be submitted under this 
part 223;
    (14) Sell, barter, trade or offer to sell, barter, or trade, a TED 
that is not an approved TED;
    (15) Fail to comply with the restrictions set forth in Sec. 
223.206(d)(10) regarding pound net leaders;
    (16) Set, use, or fail to remove a pound net leader in Pound Net 
Regulated Area I or Pound Net Regulated Area II at any time from May 6 
through July 15 that does not meet the leader construction 
specifications described in 50 CFR 223.206(d)(10) and 50 CFR 222.102;
    (17) Set, use, or haul a modified pound net leader in Pound Net 
Regulated Area I or Pound Net Regulated Area II defined in 50 CFR 
222.102 and referenced in 50 CFR 223.206(d)(10) at any time from May 6 
through July 15 unless that leader has been inspected and tagged by NMFS 
in accordance with 50 CFR 223.206(d)(10)(vii) prior to deploying the 
leader;
    (18) Alter or replace any portion of a pound net leader that has 
been previously tagged by NMFS in accordance with 50 CFR 
223.206(d)(10)(vii) so that the altered or replaced portion is no longer 
consistent with the modified pound net leader definition in 50 CFR 
222.102, unless that altered or replaced portion is inspected and tagged 
by NMFS in accordance with 50 CFR 223.206(d)(10)(vii) or that alteration 
or replacement occurs after the regulated period of May 6 through July 
15;
    (19) Remove, transfer, sell, purchase, affix, or tamper with any 
tags used by NMFS to mark pound net leaders;
    (20) Fish, use, or haul a modified pound net leader at any time from 
May 6 through July 15 unless the fisherman has on board the vessel a 
letter issued by NMFS indicating that the leader has passed inspection;
    (21) Fail to comply with the restrictions set forth in Sec. 
223.206(d)(11) regarding sea scallop dredges; or
    (22) Attempt to do, solicit another to do, or cause to be done, any 
of the foregoing.
    (c) In connection with any action alleging a violation of this 
section, any

[[Page 350]]

person claiming the benefit of any exemption, exception, or permit under 
this subpart B has the burden of proving that the exemption, exception, 
or permit is applicable, was granted, and was valid and in force at the 
time of the alleged violation. Further, any person claiming that a 
modification made to a TED that is the subject of such an action 
complies with the requirements of Sec. 223.207 (c) or (d) has the 
burden of proving such claim.

[64 FR 14069, Mar. 23, 1999, as amended at 67 FR 41203, June 17, 2002; 
69 FR 25012, May 5, 2004; 71 FR 50372, Aug. 25, 2006; 73 FR 68354, Nov. 
18, 2008]



Sec. 223.206  Exceptions to prohibitions relating to sea turtles.

    (a) Permits--(1) Scientific research, education, zoological 
exhibition, or species enhancement permits. The Assistant Administrator 
may issue permits authorizing activities which would otherwise be 
prohibited under Sec. 223.205(a) for scientific or educational 
purposes, for zoological exhibition, or to enhance the propagation or 
survival of threatened species of sea turtles, in accordance with and 
subject to the conditions of part 222, subpart C--General Permit 
Procedures.
    (2) Incidental-take permits. The Assistant Administrator may issue 
permits authorizing activities that would otherwise be prohibited under 
Sec. 223.205(a) in accordance with section 10(a)(1)(B) of the Act (16 
U.S.C. 1539(a)(1)(B)), and in accordance with, and subject to, the 
implementing regulations in part 222 of this chapter. Such permits may 
be issued for the incidental taking of threatened and endangered species 
of sea turtles.
    (b) Exception for injured, dead, or stranded specimens. If any 
member of any threatened species of sea turtle is found injured, dead, 
or stranded, any agent or employee of the National Marine Fisheries 
Service, the Fish and Wildlife Service, the U.S. Coast Guard, or any 
other Federal land or water management agency, or any agent or employee 
of a state agency responsible for fish and wildlife who is designated by 
his or her agency for such purposes, may, when acting in the course of 
his or her official duties, take such specimens without a permit if such 
taking is necessary to aid a sick, injured, or stranded specimen or 
dispose of a dead specimen or salvage a dead specimen which may be 
useful for scientific study. Whenever possible, live specimens shall be 
returned to their aquatic environment as soon as possible. Every action 
shall be reported in writing to the Assistant Administrator within 30 
days, and reports of further occurrence shall be made as deemed 
appropriate by the Assistant Administrator until the specimen is either 
returned to its environment or disposed of. Reports shall be mailed by 
registered or certified mail, return receipt requested, to the Assistant 
Administrator and shall contain the following information:
    (1) Name and position of the official or employee involved;
    (2) Description of the specimen(s) involved;
    (3) Date and location of disposal;
    (4) Circumstances requiring the action;
    (5) Method of disposal;
    (6) Disposition of the specimen(s), including, where the specimen(s) 
has been retained in captivity, a description of the place and means of 
confinement, and the measures taken for its maintenance and care; and
    (7) Such other information as the Assistant Administrator may 
require.
    (c) Exception for research or conservation. Any employee or agent of 
the National Marine Fisheries Service, the Fish and Wildlife Service, or 
a state fish and wildlife agency operating a conservation program 
pursuant to the terms of a Cooperative Agreement with the National 
Marine Fisheries Service or the Fish and Wildlife Service in accordance 
with section 6(c) of the Act, designated by his or her agency for such 
purposes, may, when acting in the course of his or her official duties, 
take any threatened species to carry out scientific research or 
conservation programs. All such takings shall be reported within 30 days 
of the taking to the Assistant Administrator who may request additional 
reports of the taking and research at the Assistant Administrator's 
discretion.
    (d) Exception for incidental taking. The prohibitions against taking 
in

[[Page 351]]

Sec. 223.205(a) do not apply to the incidental take of any member of a 
threatened species of sea turtle (i.e., a take not directed towards such 
member) during fishing or scientific research activities, to the extent 
that those involved are in compliance with all applicable requirements 
of paragraphs (d)(1) through (d)(11) of this section, or in compliance 
with the terms and conditions of an incidental take permit issued 
pursuant to paragraph (a)(2) of this section.
    (1) Handling and resuscitation requirements. (i) Any specimen taken 
incidentally during the course of fishing or scientific research 
activities must be handled with due care to prevent injury to live 
specimens, observed for activity, and returned to the water according to 
the following procedures:
    (A) Sea turtles that are actively moving or determined to be dead as 
described in paragraph (d)(1)(i)(C) of this section must be released 
over the stern of the boat. In addition, they must be released only when 
fishing or scientific collection gear is not in use, when the engine 
gears are in neutral position, and in areas where they are unlikely to 
be recaptured or injured by vessels.
    (B) Resuscitation must be attempted on sea turtles that are 
comatose, or inactive, as determined in paragraph (d)(1) of this 
section, by:
    (1) Placing the turtle on its bottom shell (plastron) so that the 
turtle is right side up and elevating its hindquarters at least 6 inches 
(15.2 cm) for a period of 4 up to 24 hours. The amount of the elevation 
depends on the size of the turtle; greater elevations are needed for 
larger turtles. Periodically, rock the turtle gently left to right and 
right to left by holding the outer edge of the shell (carapace) and 
lifting one side about 3 inches (7.6 cm) then alternate to the other 
side. Gently touch the eye and pinch the tail (reflex test) periodically 
to see if there is a response.
    (2) Sea turtles being resuscitated must be shaded and kept damp or 
moist but under no circumstance be placed into a container holding 
water. A water-soaked towel placed over the head, carapace, and flippers 
is the most effective method in keeping a turtle moist.
    (3) Sea turtles that revive and become active must be released over 
the stern of the boat only when fishing or scientific collection gear is 
not in use, when the engine gears are in neutral position, and in areas 
where they are unlikely to be recaptured or injured by vessels. Sea 
turtles that fail to respond to the reflex test or fail to move within 4 
hours (up to 24, if possible) must be returned to the water in the same 
manner as that for actively moving turtles.
    (C) A turtle is determined to be dead if the muscles are stiff 
(rigor mortis) and/or the flesh has begun to rot; otherwise the turtle 
is determined to be comatose or inactive and resuscitation attempts are 
necessary.
    (ii) In addition to the provisions of paragraph (d)(1)(i) of this 
section, a person aboard a vessel in the Atlantic, including the 
Caribbean Sea and the Gulf of Mexico, that has pelagic or bottom 
longline gear on board and that has been issued, or is required to have, 
a limited access permit for highly migratory species under Sec. 635.4 
of this title, must comply with the handling and release requirements 
specified in Sec. 635.21 of this title.
    (iii) Any specimen taken incidentally during the course of fishing 
or scientific research activities must not be consumed, sold, landed, 
offloaded, transshipped, or kept below deck.
    (2) Gear requirements for trawlers--(i) TED requirement for shrimp 
trawlers. Any shrimp trawler that is in the Atlantic Area or Gulf Area 
must have an approved TED installed in each net that is rigged for 
fishing. A net is rigged for fishing if it is in the water, or if it is 
shackled, tied, or otherwise connected to any trawl door or board, or to 
any tow rope, cable, pole or extension, either on board or attached in 
any manner to the shrimp trawler. Exceptions to the TED requirement for 
shrimp trawlers are provided in paragraph (d)(2)(ii) of this section.
    (ii) Exemptions from the TED requirement--(A) Alternative tow-time 
restrictions. A shrimp trawler is exempt from the TED requirements of 
paragraph (d)(2)(i) of this section if it complies with the alternative 
tow-time restrictions in paragraph (d)(3)(i) of this section and if it:

[[Page 352]]

    (1) Has on board no power or mechanical-advantage trawl retrieval 
system (i.e., any device used to haul any part of the net aboard);
    (2) Is a bait shrimper that retains all live shrimp on board with a 
circulating seawater system, if it does not possess more than 32 lb. 
(14.5 kg) of dead shrimp on board, if it has a valid original state 
bait-shrimp license, and if the state license allows the licensed vessel 
to participate in the bait shrimp fishery exclusively;
    (3) Has only a pusher-head trawl, skimmer trawl, or wing net rigged 
for fishing;
    (4) Is in an area during a period for which tow-time restrictions 
apply under paragraphs (d)(3)(ii) or (iii) of this section, if it 
complies with all applicable provisions imposed under those paragraphs; 
or
    (5) Is using a single test net (try net) with a headrope length of 
12 ft (3.6 m) or less and with a footrope length of 15 ft (4.6 m) or 
less, if it is pulled immediately in front of another net or is not 
connected to another net in any way, if no more than one test net is 
used at a time, and if it is not towed as a primary net, in which case 
the exemption under this paragraph (d)(2)(ii)(A) applies to the test 
net.
    (B) Exempted gear or activities. The following fishing gear or 
activities are exempted from the TED requirements of paragraph (d)(2)(i) 
of this section:
    (1) A beam or roller trawl, if the frame is outfitted with rigid 
vertical bars, and if none of the spaces between the bars, or between 
the bars and the frame, exceeds 4 inches (10.2 cm); and
    (2) A shrimp trawler fishing for, or possessing, royal red shrimp, 
if royal red shrimp constitutes at least 90 percent (by weight) of all 
shrimp either found on board, or offloaded from that shrimp trawler.
    (iii) Gear requirement--summer flounder trawlers--(A) TED 
requirement. (1) Any summer flounder trawler in the summer flounder 
fishery-sea turtle protection area must have an approved TED installed 
in each net that is rigged for fishing. A net is rigged for fishing if 
it is in the water, or if it is shackled, tied, or otherwise connected 
to any trawl door or board, or to any tow rope, cable, pole or 
extension, either on board or attached in any manner to the summer 
flounder trawler. Exceptions to the TED requirement for summer flounder 
trawlers are provided in paragraph (d)(2)(iii)(B) of this section.
    (2) Any approved hard TED or special hard TED installed in a summer 
flounder trawl must be installed in a TED extension. The TED extension 
is a cylindrical piece of webbing distinct from the main trawl's body, 
wings, codend, and any other net extension(s). The TED extension must be 
constructed of webbing no larger than 3.5 inch (8.9 cm) stretched mesh. 
The TED extension must extend at least 24 inches (61.0 cm) but not more 
than 36 inches (91.4 cm) forward of the leading edge of the TED and aft 
of the trailing edge of the grid.
    (B) Exemptions from the TED requirement. Any summer flounder trawler 
north of 35[deg]46.1[min] N. lat. (Oregon Inlet, NC) from January 15 
through March 15 annually is exempt from the TED requirement of 
paragraph (d)(2)(iii)(A) of this section, unless the Assistant 
Administrator determines that TED use is necessary to protect sea 
turtles or ensure compliance, pursuant to the procedures of paragraph 
(d)(4) of this section.
    (C) Monitoring. Summer flounder trawlers must carry onboard a NMFS-
approved observer if requested by the Southeast Regional Administrator 
or the Northeast Regional Administrator. A written notification will be 
sent to the address specified for the vessel in either the NMFS or state 
fishing permit application, or to the address specified for registration 
or documentation purposes, or upon written notification otherwise served 
on the owner or operator of the vessel. Owners and operators must comply 
with the terms and conditions specified in such written notification. 
All NMFS-approved observers will report any violations of this section, 
or other applicable regulations and laws. Information collected by 
observers may be used for enforcement purposes.
    (D) Additional sea turtle conservation measures. The Assistant 
Administrator may impose other such restrictions upon summer flounder 
trawlers as the Assistant Administrator deems necessary or appropriate 
to protect sea

[[Page 353]]

turtles and ensure compliance, pursuant to the procedures of paragraph 
(d)(4) of this section. Such measures may include, but are not limited 
to, a requirement to use TEDs in areas other than summer flounder 
fishery-sea turtle protection area, a requirement to use limited tow-
times, and closure of the fishery.
    (3) Tow-time restrictions--(i) Duration of tows. If tow-time 
restrictions are utilized pursuant to paragraph (d)(2)(ii), (d)(3)(ii), 
or (d)(3)(iii) of this section, a shrimp trawler must limit tow times. 
The tow time is measured from the time that the trawl door enters the 
water until it is removed from the water. For a trawl that is not 
attached to a door, the tow time is measured from the time the codend 
enters the water until it is removed from the water. Tow times may not 
exceed:
    (A) 55 minutes from April 1 through October 31; and
    (B) 75 minutes from November 1 through March 31.
    (ii) Alternative--special environmental conditions. The Assistant 
Administrator may allow compliance with tow-time restrictions, as an 
alternative to the TED requirement of paragraph (d)(2)(i) of this 
section, if the Assistant Administrator determines that the presence of 
algae, seaweed, debris or other special environmental conditions in a 
particular area makes trawling with TED-equipped nets impracticable.
    (iii) Substitute--ineffectiveness of TEDs. The Assistant 
Administrator may require compliance with tow-time restrictions, as a 
substitute for the TED requirement of paragraph (d)(2)(i) of this 
section, if the Assistant Administrator determines that TEDs are 
ineffective in protecting sea turtles.
    (iv) Notice; applicability; conditions. The Assistant Administrator 
will publish notification concerning any tow-time restriction imposed 
under paragraph (d)(3)(ii) or (iii) of this section in the Federal 
Register and will announce it in summary form on channel 16 of the 
marine VHF radio. A notification of tow-time restrictions will include 
findings in support of these restrictions as an alternative to, or as 
substitute for, the TED requirements. The notification will specify the 
effective dates, the geographic area where tow-time restrictions apply, 
and any applicable conditions or restrictions that the Assistant 
Administrator determines are necessary or appropriate to protect sea 
turtles and ensure compliance, including, but not limited to, a 
requirement to carry observers, to register vessels in accordance with 
procedures at paragraph (d)(5) of this section, or for all shrimp 
trawlers in the area to synchronize their tow times so that all trawl 
gear remains out of the water during certain times. A notification 
withdrawing tow-time restrictions will include findings in support of 
that action.
    (v) Procedures. The Assistant Administrator will consult with the 
appropriate fishery officials (state or Federal) where the affected 
shrimp fishery is located in issuing a notification concerning tow-time 
restrictions. An emergency notification can be effective for a period of 
up to 30 days and may be renewed for additional periods of up to 30 days 
each if the Assistant Administrator finds that the conditions 
necessitating the imposition of tow-time restrictions continue to exist. 
The Assistant Administrator may invite comments on such an action, and 
may withdraw or modify the action by following procedures similar to 
those for implementation. The Assistant Administrator will implement any 
permanent tow-time restriction through rulemaking.
    (4) Limitations on incidental takings during fishing activities--(i) 
Limitations. The exemption for incidental takings of sea turtles in 
paragraph (d) of this section does not authorize incidental takings 
during fishing activities if the takings:
    (A) Would violate the restrictions, terms, or conditions of an 
incidental take statement or biological opinion;
    (B) Would violate the restrictions, terms, or conditions of an 
incidental take permit; or
    (C) May be likely to jeopardize the continued existence of a species 
listed under the Act.
    (ii) Determination; restrictions on fishing activities. The 
Assistant Administrator may issue a determination that incidental 
takings during fishing activities are unauthorized. Pursuant thereto, 
the Assistant Administrator

[[Page 354]]

may restrict fishing activities in order to conserve a species listed 
under the Act, including, but not limited to, restrictions on the 
fishing activities of vessels subject to paragraph (d)(2) of this 
section. The Assistant Administrator will take such action if the 
Assistant Administrator determines that restrictions are necessary to 
avoid unauthorized takings that may be likely to jeopardize the 
continued existence of a listed species. The Assistant Administrator may 
withdraw or modify a determination concerning unauthorized takings or 
any restriction on fishing activities if the Assistant Administrator 
determines that such action is warranted.
    (iii) Notice; applicability; conditions. The Assistant Administrator 
will publish a notification of a determination concerning unauthorized 
takings or a notification concerning the restriction of fishing 
activities in the Federal Register. The Assistant Administrator will 
provide as much advance notice as possible, consistent with the 
requirements of the Act, and will announce the notification in summary 
form on channel 16 of the marine VHF radio. Notification of a 
determination concerning unauthorized takings will include findings in 
support of that determination; specify the fishery, including the target 
species and gear used by the fishery, the area, and the times, for which 
incidental takings are not authorized; and include such other conditions 
and restrictions as the Assistant Administrator determines are necessary 
or appropriate to protect sea turtles and ensure compliance. 
Notification of restriction of fishing activities will include findings 
in support of the restriction, will specify the time and area where the 
restriction is applicable, and will specify any applicable conditions or 
restrictions that the Assistant Administrator determines are necessary 
or appropriate to protect sea turtles and ensure compliance. Such 
conditions and restrictions may include, but are not limited to, 
limitations on the types of fishing gear that may be used, tow-time 
restrictions, alteration or extension of the periods of time during 
which particular tow-time requirements apply, requirements to use TEDs, 
registration of vessels in accordance with procedures at paragraph 
(d)(5) of this section, and requirements to provide observers. 
Notification of withdrawal or modification will include findings in 
support of that action.
    (iv) Procedures. The Assistant Administrator will consult with the 
appropriate fisheries officials (state or Federal) where the fishing 
activities are located in issuing notification of a determination 
concerning unauthorized takings or notification concerning the 
restriction of fishing activities. An emergency notification will be 
effective for a period of up to 30 days and may be renewed for 
additional periods of up to 30 days each, except that emergency 
placement of observers will be effective for a period of up to 180 days 
and may be renewed for an additional period of 60 days. The Assistant 
Administrator may invite comments on such action, and may withdraw or 
modify the action by following procedures similar to those for 
implementation. The Assistant Administrator will implement any permanent 
determination or restriction through rulemaking.
    (5)-(6) [Reserved]
    (7) Restrictions applicable to gillnet fisheries in North Carolina. 
No person may fish with gillnet fishing gear which has a stretched mesh 
size larger than 4 \1/4\ inches (10.8 cm), annually from September 1 
through December 15, in the inshore waters of Pamlico Sound, North 
Carolina, and all contiguous tidal waters, bounded on the north by 
35[deg]46.3[min] N. lat., on the south by 35[deg]00[min] N. lat., and on 
the west by 76[deg]30[min] W. long.
    (8) Restrictions applicable to large mesh gillnet fisheries in the 
mid-Atlantic region. No person may fish with or possess on board a boat, 
any gillnet with a stretched mesh size 7-inches (17.8 cm) or larger, 
unless such gillnets are covered with canvas or other similar material 
and lashed or otherwise securely fastened to the deck or the rail, and 
all buoys larger than 6-inches (15.2 cm) in diameter, high flyers, and 
anchors are disconnected. This restriction applies in the Atlantic 
Exclusive Economic Zone (as defined in 50 CFR 600.10) during the 
following time periods and in the following area:

[[Page 355]]

    (i) Waters north of 33[deg] 51.0[min] N. (North Carolina/South 
Carolina border at the coast) and south of 35[deg] 46.0[min] N. (Oregon 
Inlet) at any time;
    (ii) Waters north of 35[deg] 46.0[min] N. (Oregon Inlet) and south 
of 3[deg] 22.5[min] N. (Currituck Beach Light, NC) from March 16 through 
January 14;
    (iii) Waters north of 36[deg] 22.5[min] N. (Currituck Beach Light, 
NC) and south of 37[deg] 34.6[min] N. (Wachapreague Inlet, VA) from 
April 1 through January 14; and
    (iv) Waters north of 37[deg] 34.6[min] N. (Wachapreague Inlet, VA) 
and south of 37[deg] 56.0[min] N. (Chincoteague, VA) from April 16 
through January 14.
    (9) Restrictions applicable to Pacific pelagic longline vessels. In 
addition to the general prohibitions specified in Sec. 600.725 of 
chapter VI of this title, it is unlawful for any person who is not 
operating under a western Pacific longline permit under Sec. 665.801 of 
this title to do any of the following on the high seas of the Pacific 
Ocean east of 150[deg] W. long. and north of the Equator (0[deg] N. 
lat.):
    (i) Direct fishing effort toward the harvest of swordfish (Xiphias 
gladius) using longline gear.
    (ii) Possess a light stick on board a longline vessel. A light stick 
as used in this paragraph is any type of light emitting device, 
including any fluorescent glow bead, chemical, or electrically powered 
light that is affixed underwater to the longline gear.
    (iii) An operator of a longline vessel subject to this section may 
land or possess no more than 10 swordfish from a fishing trip where any 
part of the trip included fishing east of 150[deg] W. long. and north of 
the equator (0[deg] N. lat.).
    (iv) Fail to employ basket-style longline gear such that the 
mainline is deployed slack when fishing.
    (v) When a conventional monofilament longline is deployed by a 
vessel, no fewer than 15 branch lines may be set between any two floats. 
Vessel operators using basket-style longline gear must set a minimum of 
10 branch lines between any 2 floats.
    (vi) Longline gear must be deployed such that the deepest point of 
the main longline between any two floats, i.e., the deepest point in 
each sag of the main line, is at a depth greater than 100 m (328.1 ft or 
54.6 fm) below the sea surface.
    (10) Restrictions applicable to pound nets in Virginia--(i) Offshore 
pound net leaders in Pound Net Regulated Area I. During the time period 
of May 6 through July 15 each year, any offshore pound net leader in 
Pound Net Regulated Area I must meet the definition of a modified pound 
net leader. Any offshore pound net leader in Pound Net Regulated Area I 
that does not meet the definition of a modified pound net leader must be 
removed from the water prior to May 6 and may not be reset until July 
16.
    (ii) Nearshore pound net leaders in Pound Net Regulated Area I and 
all pound net leaders in Pound Net Regulated Area II. During the time 
period of May 6 to July 15 each year, any nearshore pound net leader in 
Pound Net Regulated Area I and any pound net leader in Pound Net 
Regulated Area II must have only mesh size less than 12 inches (30.5 cm) 
stretched mesh and may not employ stringers. Any nearshore pound net 
leader in Pound Net Regulated Area I or any pound net leader in Pound 
Net Regulated Area II with stretched mesh measuring 12 inches (30.5 cm) 
or greater, or with stringers, must be removed from the water prior to 
May 6 and may not be reset until July 16. A pound net leader is exempt 
from these measures only if it meets the definition of a modified pound 
net leader.
    (iii) Protocol for measuring mesh size. This protocol applies to 
measuring mesh size in leaders described in 50 CFR 223.206(d)(10)(i) and 
223.206(d)(10)(ii). Mesh sizes are measured by a wedge-shaped gauge 
having a taper of 0.79 in. (2 cm) in 3.15 in. (8 cm) and a thickness of 
0.09 in. (2.3 mm) inserted into the meshes under a pressure or pull of 
11.02 lb. (5 kg). The mesh size is the average of the measurement of any 
series of 20 consecutive meshes. The mesh in the leader is measured at 
or near the horizontal and vertical center of a leader panel.
    (iv) Reporting requirement. At any time during the year, if a sea 
turtle is taken live and uninjured in a pound net operation, the 
operator of the vessel must report the incident to the NMFS Northeast 
Regional Office, (978) 281-

[[Page 356]]

9328 or fax (978) 281-9394, within 24 hours of returning from the trip 
in which the incidental take was discovered. The report shall include a 
description of the sea turtles condition at the time of release and the 
measures taken as required in paragraph (d)(1) of this section. At any 
time during the year, if a sea turtle is taken in a pound net operation, 
and is determined to be injured, or if a turtle is captured dead, the 
operator of the vessel shall immediately notify NMFS Northeast Regional 
Office and the appropriate rehabilitation or stranding network, as 
determined by NMFS Northeast Regional Office.
    (v) Monitoring. Owners or operators of pound net fishing operations 
must allow access to the pound net gear so it may be observed by a NMFS-
approved observer if requested by the Northeast Regional Administrator. 
All NMFS-approved observers will report any violations of this section, 
or other applicable regulations and laws. Information collected by 
observers may be used for law enforcement purposes.
    (vi) Expedited modification of restrictions and effective dates. 
From May 6 to July 15 of each year, if NMFS receives information that 
one sea turtle is entangled alive or that one sea turtle is entangled 
dead, and NMFS determines that the entanglement contributed to its 
death, in pound net leaders that are in compliance with the restrictions 
described in paragraph (d)(10)(ii) of this section, NMFS may issue a 
final rule modifying the restrictions on pound net leaders as necessary 
to protect threatened sea turtles. Such modifications may include, but 
are not limited to, reducing the maximum allowable mesh size of pound 
net leaders and prohibiting the use of pound net leaders regardless of 
mesh size. In addition, if information indicates that a significant 
level of sea turtle entanglements, impingements or strandings will 
likely continue beyond July 15, NMFS may issue a final rule extending 
the effective date of the restrictions, including any additional 
restrictions imposed under this paragraph (d)(10)(vi), for an additional 
15 days, but not beyond July 30, to protect threatened sea turtles.
    (vii) Modified leader inspection program. Any fisherman planning to 
use a modified pound net leader in Pound Net Regulated Area I or Pound 
Net Regulated Area II at any time from May 6 through July 15 must make 
his/her leader available for inspection and tagging by NMFS according to 
the following procedures. At least 72 hours prior to deploying a 
modified pound net leader, the fisherman or his/her representative must 
call NMFS at 757-414-0128 between 7:00 a.m. and 5:00 p.m. local time and 
arrange for a mutually agreeable meeting date, time, and place. The 
fisherman must meet NMFS at such location at the designated time and 
allow NMFS to examine his or her gear to help ensure the leader is in 
compliance with the definition of a modified pound net leader. NMFS will 
ascertain whether the leader meets the following four criteria taken 
from that definition: (1) the lower portion of the leader is mesh and 
the upper portion consists of only vertical lines; (2) the mesh size is 
equal to or less than 8 inches (20.3 cm) stretched mesh; (3) the 
vertical lines are equal to or greater than 5/16 inch (0.8 cm) in 
diameter and strung vertically at least every 2 feet (61 cm); and (4) 
the vertical lines are hard lay lines with a level of stiffness 
equivalent to the stiffness of a 5/16 inch (0.8 cm) diameter line 
composed of polyester wrapped around a blend of polypropylene and 
polyethylene and containing approximately 42 visible twists of strands 
per foot of line. NMFS will also measure the height of the mesh in 
relation to the height of the entire leader. During the inspection, the 
fisherman must provide accurate and specific latitude and longitude 
coordinates of the location at which the leader will be deployed, as 
well as information on the low water depth at each end of the modified 
leader at the site at which it will be set. If the leader meets the four 
criteria previously described, the measurement of the height of the mesh 
in relation to the total height of the leader is recorded, and the low 
water depth and latitude and longitude coordinates of the specific 
location at which the leader will be deployed are provided and recorded, 
the leader will pass inspection. If it passes inspection, NMFS will tag 
the leader with one or more

[[Page 357]]

tamperproof tags. Removing or tampering with any tag placed on the 
leader by NMFS is prohibited. If a tag is damaged, destroyed, or lost 
due to any cause, the fisherman must call NMFS at 757-414-0128 within 48 
hours of discovery to report this incident. After the leader is 
determined to have passed inspection, NMFS will issue a letter to the 
fisherman indicating that the leader passed inspection. The fisherman 
must retain that letter on board his/her vessel tending the inspected 
leader at all times it is deployed. Modified pound net leaders must pass 
inspection prior to being used at any time during the time period from 
May 6 through July 15 of each year.
    (11) Restrictions applicable to sea scallop dredges in the mid-
Atlantic--(i) Gear Modification. During the time period of May 1 through 
November 30, any vessel with a sea scallop dredge and required to have a 
Federal Atlantic sea scallop fishery permit, regardless of dredge size 
or vessel permit category, that enters waters south of 41[deg] 9.0' N. 
latitude, from the shoreline to the outer boundary of the Exclusive 
Economic Zone must have on each dredge a chain mat described as follows. 
The chain mat must be composed of horizontal (``tickler'') chains and 
vertical (``up-and-down'') chains that are configured such that the 
openings formed by the intersecting chains have no more than 4 sides. 
The vertical and horizontal chains must be hung to cover the opening of 
the dredge bag such that the vertical chains extend from the back of the 
cutting bar to the sweep. The horizontal chains must intersect the 
vertical chains such that the length of each side of the openings formed 
by the intersecting chains is less than or equal to 14 inches (35.5 cm) 
with the exception of the side of any individual opening created by the 
sweep. The chains must be connected to each other with a shackle or link 
at each intersection point. The measurement must be taken along the 
chain, with the chain held taut, and include one shackle or link at the 
intersection point and all links in the chain up to, but excluding, the 
shackle or link at the other intersection point.
    (ii) Any vessel that enters the waters described in paragraph 
(d)(11)(i) of this section and that is required to have a Federal 
Atlantic sea scallop fishery permit must have the chain mat 
configuration installed on all dredges for the duration of the trip.
    (iii) Vessels subject to the requirements in paragraphs (d)(11)(i) 
and (d)(11)(ii) of this section transiting waters south of 
41[deg]9.0[min] N. latitude, from the shoreline to the outer boundary of 
the Exclusive Economic Zone, will be exempted from the chain-mat 
requirements provided the dredge gear is stowed in accordance with Sec. 
648.23(b) and there are no scallops on-board.

[64 FR 14070, Mar. 23, 1999]

    Editorial Note: For Federal Register citations to Sec. 223.206, see 
the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.fdsys.gov.

    Effective Date Notes: 1. At 64 FR 14070, Mar. 23, 1999, newly 
redesignated Sec. 223.206 was revised. Paragraph (d)(5) contains 
information collection and recordkeeping requirements and will not 
become effective until approval has been given by the Office of 
Management and Budget.
    2. At 67 FR 41203, June 17, 2002, Sec. 223.206 was amended by 
adding paragraph (d)(2)(v). Paragraph (d)(2)(v)(C) contains information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 223.207  Approved TEDs.

    Any netting, webbing, or mesh that may be measured to determine 
compliance with this section is subject to measurement, regardless of 
whether it is wet or dry. Any such measurement will be of the stretched 
mesh size.
    (a) Hard TEDs. Hard TEDs are TEDs with rigid deflector grids and are 
categorized as ``hooped hard TEDs'' and ``single-grid hard TEDs'' such 
as the Matagorda and Georgia TED (Figures 3 & 4 to this part). Hard TEDs 
complying with the following generic design criteria are approved TEDs:
    (1) Construction materials--(i) Single-grid and inshore hooped hard 
TED. A single-grid hard TED or an inshore hooped hard TED must be 
constructed of one or a combination of the following materials, with 
minimum dimensions as follows:
    (A) Solid steel rod with a minimum outside diameter of 1/4 inch 
(0.64 cm);

[[Page 358]]

    (B) Fiberglass or aluminum rod with a minimum outside diameter of 1/
2 inch (1.27 cm); or
    (C) Steel or aluminum tubing with a minimum outside diameter of 1/2 
inch (1.27 cm) and a minimum wall thickness of 1/8 inch (0.32 cm) (also 
known as schedule 40 tubing).
    (ii) Offshore hooped hard TED. An offshore hooped hard TED must be 
constructed of aluminum, with minimum dimensions as follows:
    (A) Solid rod with a minimum outside diameter of 5/8 inch (1.59 cm); 
or
    (B) Tubing with a minimum outside diameter of 1 inch (2.54 cm) and a 
minimum wall thickness of 1/8 inch (0.32 cm).
    (2) Method of attachment. A hard TED must be sewn into the trawl 
around the entire circumference of the TED with heavy twine.
    (3) Angle of deflector bars. (i) The angle of the deflector bars 
must be between 30[deg] and 55[deg] from the normal, horizontal flow 
through the interior of the trawl, except as provided in paragraph 
(a)(3)(ii) of this section.
    (ii) For any shrimp trawler fishing in the Gulf SFSTCA or the 
Atlantic SFSTCA, a hard TED with the position of the escape opening at 
the bottom of the net when the net is in its deployed position, the 
angle of the deflector bars from the normal, horizontal flow through the 
interior of the trawl, at any point, must not exceed 55[deg], and the 
angle of the bottom-most 4 inches (10.2 cm) of each deflector bar, 
measured along the bars, must not exceed 45[deg] (Figures 14a and 14b to 
this part).
    (4) Space between bars. The space between deflector bars and the 
deflector bars and the TED frame must not exceed 4 inches (10.2 cm).
    (5) Direction of bars. The deflector bars must run from top to 
bottom of the TED, as the TED is positioned in the net, except that up 
to four of the bottom bars and two of the top bars, including the frame, 
may run from side to side of the TED. The deflector bars must be 
permanently attached to the TED frame or to the horizontal bars, if 
used, at both ends.
    (6) Position of the escape opening. The escape opening must be made 
by removing a rectangular section of webbing from the trawl, except for 
a TED with an escape opening size described at paragraph (a)(7)(ii)(A) 
for which the escape opening may alternatively be made by making a 
horizontal cut along the same plane as the TED. The escape opening must 
be centered on and immediately forward of the frame at either the top or 
bottom of the net when the net is in the deployed position. The escape 
opening must be at the top of the net when the slope of the deflector 
bars from forward to aft is upward, and must be at the bottom when such 
slope is downward. The passage from the mouth of the trawl through the 
escape opening must be completely clear of any obstruction or 
modification, other than those specified in paragraph (d) of this 
section.
    (7) Size of escape opening--(i) Hooped hard TEDs--(A) Escape opening 
for inshore hooped hard TED. The inshore hooped hard TED escape opening 
must have a horizontal measurement of no less than 35 inches (89 cm) 
wide and a forward measurement of no less than 27 inches (69 cm). A 
hinged door frame may be used to partially cover the escape opening as 
provided in paragraph (d)(7) of this section. Alternatively, a webbing 
flap may be used as provided in paragraph (d)(3)(i) of this section. The 
resultant opening with a webbing flap must be a minimum width of 35 
inches (89 cm) and a minimum height of 20 inches (51 cm), with each 
measurement taken simultaneously. This opening may only be used in 
inshore waters, except it may not be used in the inshore waters of 
Georgia and South Carolina.
    (B) Escape opening for offshore hooped hard TED. The offshore hooped 
hard TED escape opening must have a horizontal measurement of no less 
than 40 inches (102 cm) wide and a forward measurement of no less than 
35 inches (89 cm). A hinged door frame may be used to partially cover 
the escape opening as provided in paragraph (d)(7) of this section. 
Alternatively, a webbing flap may be used as provided in paragraph 
(d)(3)(ii) of this section. The resultant escape opening with a webbing 
flap must have a stretched mesh circumference of no less than 142 inches 
(361 cm).
    (ii) Single-grid hard TEDs. On a single-grid hard TED, the 
horizontal cut(s) for

[[Page 359]]

the escape opening may not be narrower than the outside width of the TED 
frame minus 4 inches (10.2 cm) on both sides of the grid, when measured 
as a straight line width. Fore-and-aft cuts to remove a rectangular 
piece of webbing must be made from the ends of the horizontal cuts along 
a single row of meshes along each side. The overall size of the escape 
opening must match one of the following specifications:
    (A) 44-inch inshore opening. The escape opening must have a minimum 
width of 44 inches (112 cm) and a minimum height of 20 inches (51 cm) 
with each measurement taken separately. A webbing flap, as described in 
paragraph (d)(3)(i) of this section, may be used with this escape hole, 
so long as this minimum opening size is achieved. This opening may only 
be used in inshore waters, except it may not be used in the inshore 
waters of Georgia and South Carolina.
    (B) The 71-inch offshore opening: The two forward cuts of the escape 
opening must not be less than 26 inches (66 cm) long from the points of 
the cut immediately forward of the TED frame. The resultant length of 
the leading edge of the escape opening cut must be no less than 71 
inches (181 cm) with a resultant circumference of the opening being 142 
inches (361 cm) (Figure 12 to this part). A webbing flap, as described 
in paragraph (d)(3)(ii) of this section, may be used with this escape 
hole, so long as this minimum opening size is achieved. Either this 
opening or the one described in paragraph (a)(7)(ii)(C) of this section 
must be used in all offshore waters and in all inshore waters in Georgia 
and South Carolina, but may also be used in other inshore waters.
    (C) Double cover offshore opening. The two forward cuts of the 
escape opening must not be less than 20 inches (51 cm) long from the 
points of the cut immediately forward of the TED frame. The resultant 
length of the leading edge of the escape opening cut must be no less 
than 56 inches (142 cm)(Figure 16 to this part illustrates the 
dimensions of these cuts). A webbing flap, as described in paragraph 
(d)(3)(iii) of this section, may be used with this escape hole. Either 
this opening or the one described in paragraph (a)(7)(ii)(B) of this 
section must be used in all offshore waters but also in all inshore 
waters in Georgia and South Carolina, and may be used in other inshore 
waters.
    (8) Size of hoop or grid--(i) Hooped hard TED--(A) Inshore hooped 
hard TED. The front hoop on an inshore hooped hard TED must have an 
inside horizontal measurement of at least 35 inches (89 cm) and an 
inside vertical measurement of at least 30 inches (76 cm). The minimum 
clearance between the deflector bars and the forward edge of the escape 
opening must be at least 20 inches (51 cm).
    (B) Offshore hooped hard TED. The front hoop on an offshore hooped 
hard TED must have an inside horizontal measurement of at least 40 
inches (102 cm) and an inside vertical measurement of at least 30 inches 
(76 cm). The minimum clearance between the deflector bars and the 
forward edge of the escape opening must be at least 23 1/4 inches (59 
cm).
    (ii) Single-grid hard TED. A single-grid hard TED must have a 
minimum outside horizontal and vertical measurement of 32 inches (81 
cm). The required outside measurements must be at the mid-point of the 
deflector grid.
    (9) Flotation. Floats must be attached to the top one-half of all 
hard TEDs with bottom escape openings. The floats may be attached either 
outside or inside the net, but not to a flap. Floats attached inside the 
net must be behind the rear surface of the TED. Floats must be attached 
with heavy twine or rope. Floats must be constructed of aluminum, hard 
plastic, expanded polyvinyl chloride, or expanded ethylene vinyl acetate 
unless otherwise specified. The requirements of this paragraph may be 
satisfied by compliance with either the dimension requirements of 
paragraph (a)(9)(i) of this section, or the buoyancy requirements of 
paragraph (a)(9)(ii) of this section, or the buoyancy-dimension 
requirements of paragraph (a)(9)(iii) of this section. If roller gear is 
used pursuant to paragraph (d)(5) of this section, the roller gear must 
be included in the circumference measurement of the TED or the total 
weight of the TED.
    (i) Float dimension requirements. (A) For hard TEDs with a 
circumference of 120 inches (304.8 cm) or more, a minimum of either one 
round, aluminum

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or hard plastic float, no smaller than 9.8 inches (25.0 cm) in diameter, 
or two expanded polyvinyl chloride or expanded ethylene vinyl acetate 
floats, each no smaller than 6.75 inches (17.2 cm) in diameter by 8.75 
inches (22.2 cm) in length, must be attached.
    (B) For hard TEDs with a circumference of less than 120 inches 
(304.8 cm), a minimum of either one round, aluminum or hard plastic 
float, no smaller than 9.8 inches (25.0 cm) in diameter, or one expanded 
polyvinyl chloride or expanded ethylene vinyl acetate float, no smaller 
than 6.75 inches (17.2 cm) in diameter by 8.75 inches (22.2 cm) in 
length, must be attached.
    (ii) Float buoyancy requirements. Floats of any size and in any 
combination must be attached such that the combined buoyancy of the 
floats, as marked on the floats, equals or exceeds the weight of the 
hard TED, as marked on the TED. The buoyancy of the floats and the 
weight of the TED must be clearly marked on the floats and the TED as 
follows:
    (A) Float buoyancy markings. Markings on floats must be made in 
clearly legible raised or recessed lettering by the original 
manufacturer. The marking must identify the buoyancy of the float in 
water, expressed in grams or kilograms, and must include the metric unit 
of measure. The marking may additionally include the buoyancy in English 
units. The marking must identify the nominal buoyancy for the 
manufactured float.
    (B) TED weight markings. The marking must be made by the original 
TED manufacturer and must be permanent and clearly legible. The marking 
must identify the in-air, dry weight of the TED, expressed in grams or 
kilograms, and must include the metric unit of measure. The marking may 
additionally include the weight in English units. The marked weight must 
represent the actual weight of the individual TED as manufactured. 
Previously manufactured TEDs may be marked upon return to the original 
manufacturer. Where a TED is comprised of multiple detachable 
components, the weight of each component must be separately marked.
    (iii) Buoyancy-dimension requirements. Floats of any size and in any 
combination, provided that they are marked pursuant to paragraph 
(a)(9)(ii)(A) of this section, must be attached such that the combined 
buoyancy of the floats equals or exceeds the following values:
    (A) For floats constructed of aluminum or hard plastic, regardless 
of the size of the TED grid, the combined buoyancy must equal or exceed 
14 lb (6.4 kg);
    (B) For floats constructed of expanded polyvinyl chloride or 
expanded ethylene vinyl acetate, where the circumference of the TED is 
120 inches (304.8 cm) or more, the combined buoyancy must equal or 
exceed 20 lb (9.1 kg); or
    (C) For floats constructed of expanded polyvinyl chloride or 
expanded ethylene vinyl acetate, where the circumference of the TED is 
less than 120 inches (304.8 cm), the combined buoyancy must equal or 
exceed 10 lb (4.5 kg).
    (b) Special Hard TEDs. Special hard TEDs are hard TEDs which do not 
meet all of the design and construction criteria of the generic 
standards specified in paragraph (a) of this section. The following 
special hard TEDs are approved TEDs:
    (1) Flounder TED. (Figure 10 to this part). The Flounder TED is 
approved for use only in the Atlantic summer flounder bottom trawl 
fishery. The Flounder TED is not an approved TED for use by shrimp 
trawlers. The Flounder TED must be constructed of at least 1 1/4 inch 
(3.2 cm) outside diameter aluminum or steel pipe with a wall thickness 
of at least 1/8 inch (0.3 cm). It must have a rectangular frame with 
outside dimensions which can be no less than 51 inches (129.5 cm) in 
length and 32 inches (81.3 cm) in width. It must have at least five 
vertical deflector bars, with bar spacings of no more than 4 inches 
(10.2 cm). The vertical bars must be connected to the top of the frame 
and to a single horizontal bar near the bottom. The horizontal bar must 
be connected at both ends to the sides of the frame and parallel to the 
bottom bar of the frame. There must be a space no larger than 10 inches 
(25.4 cm) between the horizontal bar and the bottom bar of the frame. 
One or more additional vertical bars

[[Page 361]]

running from the bottom bar to the horizontal bar must divide the 
opening at the bottom into two or more rectangles, each with a maximum 
height of 10 inches (25.4 cm) and a maximum width of 14 1/2 inches (36.8 
cm). This TED must comply with paragraph (a)(2) of this section. The 
angle of the deflector bars must be between 30 and 55 from the normal, 
horizontal flow through the interior of the trawl. The entire width of 
the escape opening from the trawl must be centered on and immediately 
forward of the frame at the top of the net when the net is in its 
deployed position. The escape opening must be at the top of the net and 
the slope of the deflector bars from forward to aft is upward. The 
escape opening must be cut horizontally along the same plane as the TED, 
and may not be cut in a fore-and-aft direction. The cut in the trawl 
webbing for the escape opening cannot be narrower than the outside width 
of the grid minus 4 inches (10.2 cm) on both sides of the grid, when 
measured as a straight line width. The resulting escape opening in the 
net webbing must measure at least 35 inches (88.9 cm) in horizontal taut 
length and, simultaneously, 12 inches (30.5 cm) in vertical taut height. 
The vertical measurement must be taken at the midpoint of the horizontal 
measurement. This TED may not be configured with a bottom escape 
opening. Installation of an accelerator funnel is not permitted with 
this TED.
    (2) Weedless TED. The weedless TED must meet all the requirements of 
paragraph (a) of this section for single-grid hard TEDs, with the 
exception of paragraphs (a)(1) and (a)(5) of this section. The weedless 
TED must be constructed of at least 1-1/4 inch (3.2 cm) outside diameter 
aluminum with a wall thickness of at least 1/8 inch (0.3 cm). The 
deflector bars must run from top to bottom of the TED, as the TED is 
positioned in the net. The ends of the deflectors bars on the side of 
the frame opposite to the escape opening must be permanently attached to 
the frame. The ends of the deflector bars nearest the escape opening are 
not attached to the frame and must lie entirely forward of the leading 
edge of the outer frame. The ends of the unattached deflector bars must 
be no more than 4 inches (10.2 cm) from the frame and may not extend 
past the frame. A horizontal brace bar to reinforce the deflector bars, 
constructed of the same size or larger pipe as the deflector bars, must 
be permanently attached to the frame and the rear face of each of the 
deflector bars at a position anywhere between the vertical mid-point of 
the frame and the unattached ends of the deflector bars. The horizontal 
brace bar may be offset behind the deflector bars, using spacer bars, 
not to exceed 5 inches (12.7 cm) in length and constructed of the same 
size or larger pipe as the deflector bars. See Figure 15.
    (c) Soft TEDs. Soft TEDs are TEDs with deflector panels made from 
polypropylene or polyethylene netting. The following soft TEDs are 
approved TEDs:
    (1) Parker TED. The Parker TED is a soft TED, consisting of a single 
triangular panel, composed of webbing of two different mesh sizes, that 
forms a complete barrier inside a trawl and that angles toward an escape 
opening in the top of the trawl.
    (i) Excluder Panel. (Figure 5 to this part) The excluder panel of 
the Parker TED must be constructed of a single triangular piece of 8-
inch (20.3 cm) stretched mesh webbing and two trapezoidal pieces of 4-
inch (10.2-cm) stretched mesh webbing. The webbing must consist of 
number 48 (3-mm thick) or larger polypropylene or polyethylene webbing 
that is heat-set knotted or braided. The leading edge of the 8-inch 
(20.3-cm) mesh panel must be 36 meshes wide. The 8-inch (20.3-cm) mesh 
panel must be tapered on each side with all-bar cuts to converge on an 
apex, such that the length of each side is 36 bars. The leading edges of 
the 4-inch (10.2-cm) mesh panels must be 8 meshes wide. The edges of the 
4-inch (10.2-cm) mesh panels must be cut with all-bar cuts running 
parallel to each other, such that the length of the inner edge is 72 
bars and the length of the outer edge is 89 bars and the resulting fore-
and-aft edge is 8 meshes deep. The two 4-inch (10.2-cm) mesh panels must 
be sewn to the 8-inch (20.3-cm) mesh panel to create a single triangular 
excluder panel. The 72-bar edge of each 4-inch (10.2-cm) mesh panel must 
be securely joined with twine to one of the

[[Page 362]]

36-bar edges of the 8-inch (20.3-cm) mesh panel, tied with knots at each 
knot of the 4-inch (10.2-cm) webbing and at least two wraps of twine 
around each bar of 4-inch (10.2-cm) mesh and the adjoining bar of the 8-
inch (20.3-cm) mesh. The adjoining fore-and-aft edges of the two 4-inch 
(10.2-cm) mesh panels must be sewn together evenly.
    (ii) Limitations on which trawls may have a Parker TED installed. 
The Parker TED must not be installed or used in a two-seam trawl with a 
tongue, nor in a triple-wing trawl (a trawl with a tongue along the 
headrope and a second tongue along the footrope). The Parker TED may be 
installed and used in any other trawl if the taper of the body panels of 
the trawl does not exceed 4b1p and if it can be properly installed in 
compliance with paragraph (c)(1)(iii) of this section.
    (iii) Panel installation--(A) Leading edge attachment. The leading 
edge of the excluder panel must be attached to the inside of the bottom 
of the trawl across a straight row of meshes. For a two-seam trawl or a 
four-seam, tapered-wing trawl, the row of meshes for attachment to the 
trawl must run the entire width of the bottom body panel, from seam to 
seam. For a four-seam, straight-wing trawl, the row of meshes for 
attachment to the trawl must run the entire width of the bottom body 
panel and half the height of each wing panel of the trawl. Every mesh of 
the leading edge of the excluder panel must be evenly sewn to this row 
of meshes; meshes may not be laced to the trawl. The row of meshes for 
attachment to the trawl must contain the following number of meshes, 
depending on the stretched mesh size used in the trawl:
    (1) For a mesh size of 2\1/4\ inches (5.7 cm), 152-168 meshes;
    (2) For a mesh size of 2\1/8\ inches (5.4 cm), 161-178 meshes;
    (3) For a mesh size of 2 inches (5.1 cm), 171-189 meshes;
    (4) For a mesh size of 1\7/8\ inches (4.8 cm), 182-202 meshes;
    (5) For a mesh size of 1\3/4\ inches (4.4 cm), 196-216 meshes;
    (6) For a mesh size of 1\5/8\ inches (4.1 cm), 211-233 meshes;
    (7) For a mesh size of 1\1/2\ inches (3.8 cm), 228-252 meshes;
    (8) For a mesh size of 1\3/8\ inches (3.5 cm), 249-275 meshes; and
    (9) For a mesh size of 1\1/4\ inches (3.2 cm), 274-302 meshes.
    (B) Apex attachment. The apex of the triangular excluder panel must 
be attached to the inside of the top body panel of the trawl at the 
centerline of the trawl. The distance, measured aft along the centerline 
of the top body panel from the same row of meshes for attachment of the 
excluder panel to the bottom body panel of the trawl, to the apex 
attachment point must contain the following number of meshes, depending 
on the stretched mesh size used in the trawl:
    (1) For a mesh size of 2\1/4\ inches (5.7 cm), 78-83 meshes;
    (2) For a mesh size of 2\1/8\ inches (5.4 cm), 83-88 meshes;
    (3) For a mesh size of 2 inches (5.1 cm), 87-93 meshes;
    (4) For a mesh size of 1\7/8\ inches (4.8 cm), 93-99 meshes;
    (5) For a mesh size of 1\3/4\ inches (4.4 cm), 100-106 meshes;
    (6) For a mesh size of 1\5/8\ inches (4.1 cm), 107-114 meshes;
    (7) For a mesh size of 1\1/2\ inches (3.8 cm), 114-124 meshes;
    (8) For a mesh size of 1\3/8\ inches (3.5 cm), 127-135 meshes; and
    (9) For a mesh size of 1\1/4\ inches (3.2 cm), 137-146 meshes.
    (C) Side attachment. The sides of the excluder panel must be 
attached evenly to the inside of the trawl from the outside attachment 
points of the excluder panel's leading edge to the apex of the excluder 
panel. Each side must be sewn with the same sewing sequence, and, if the 
sides of the excluder panel cross rows of bars in the trawl, the 
crossings must be distributed evenly over the length of the side 
attachment.
    (iv) Escape opening. The escape opening for the Parker soft TED must 
match one of the following specifications:
    (A) Inshore opening. This opening is the minimum size opening that 
may be used in inshore waters, except it may not be used in the inshore 
waters of Georgia and South Carolina, in which a larger minimum opening 
is required. A slit at least 56 inches (1.4 m) in taut length must be 
cut along the centerline of the top body panel of the trawl net

[[Page 363]]

immediately forward of the apex of the panel webbing. The slit must not 
be covered or closed in any manner. The edges and end points of the slit 
must not be reinforced in any way; for example, by attaching additional 
rope or webbing or by changing the orientation of the webbing.
    (B) Offshore opening. A horizontal cut extending from the attachment 
of one side of the deflector panel to the trawl to the attachment of the 
other side of the deflector panel to the trawl must be made in a single 
row of meshes across the top of the trawl and measure at least 96 inches 
(244 cm) in taut width. All trawl webbing above the deflector panel 
between the 96-inch (244-cm) cut and edges of the deflector panel must 
be removed. A rectangular flap of nylon webbing not larger than 2-inch 
(5.1-cm) stretched mesh may be sewn to the forward edge of the escape 
opening. The width of the flap must not be larger than the width of the 
forward edge of the escape opening. The flap must not extend more than 
12 inches (30.4 cm) beyond the rear point of the escape opening. The 
sides of the flap may be attached to the top of the trawl but must not 
be attached farther aft than the row of meshes through the rear point of 
the escape opening. One row of steel chain not larger than\3/16\ inch 
(4.76 mm) may be sewn evenly to the back edge of the flap. The stretched 
length of the chain must not exceed 96 inches (244 cm). A Parker TED 
using the escape opening described in this paragraph meets the 
requirements of Sec. 223.206(d)(2)(iv)(B). This opening or one that is 
larger must be used in all offshore waters and in the inshore waters of 
Georgia and South Carolina. It also may be used in other inshore waters.
    (2) [Reserved]
    (d) Allowable modifications to hard TEDs and special hard TEDs. 
Unless otherwise prohibited in paragraph (b) of this section, only the 
following modifications may be made to an approved hard TED or an 
approved special hard TED:
    (1) Floats. In addition to floats required pursuant to paragraph 
(a)(9) of this section, floats may be attached to the top one-half of 
the TED, either outside or inside the net, but not to a flap. Floats 
attached inside the net must be behind the rear surface at the top of 
the TED.
    (2) Accelerator funnel. An accelerator funnel may be installed in 
the trawl, if it is made of net webbing material with a stretched mesh 
size of not greater than 1 5/8 inches (4 cm), if it is inserted in the 
net immediately forward of the TED, and if its rear edge does not extend 
past the bars of the TED. The trailing edge of the accelerator funnel 
may be attached to the TED on the side opposite the escape opening if 
not more than one-third of the circumference of the funnel is attached, 
and if the inside horizontal opening as described above in maintained. 
In a bottom opening TED only the top one-third of the circumference of 
the funnel may be attached to the TED. In a top opening TED only the 
bottom one-third of the circumference of the funnel may be attached to 
the TED.
    (i) In inshore waters, other than the inshore waters of Georgia and 
South Carolina in which a larger opening is required, the inside 
horizontal opening of the accelerator funnel must be at least 44 inches 
(112 cm).
    (ii) In offshore waters and the inshore waters of Georgia and South 
Carolina, the inside horizontal opening of the accelerator funnel must 
be at least 71 inches (180 cm).
    (3) Webbing flap. A webbing flap may be used to cover the escape 
opening under the following conditions: No device holds it closed or 
otherwise restricts the opening; it is constructed of webbing with a 
stretched mesh size no larger than 1-5/8 inches (4 cm); it lies on the 
outside of the trawl; it is attached along its entire forward edge 
forward of the escape opening; it is not attached on the sides beyond 
the row of meshes that lies 6 inches (15 cm) behind the posterior edge 
of the grid; the sides of the flap are sewn on the same row of meshes 
fore and aft; and the flap does not overlap the escape hole cut by more 
than 5 inches (13 cm) on either side.
    (i) 44-inch inshore TED flap. This flap may not extend more than 24 
inches (61 cm) beyond the posterior edge of the grid.
    (ii) 71-inch offshore TED Flap. The flap must be a 133-inch (338-cm) 
by 52-

[[Page 364]]

inch (132-cm) piece of webbing. The 133-inch (338-cm) edge of the flap 
is attached to the forward edge of the opening (71-inch (180-cm) edge). 
The flap may extend no more than 24 inches (61 cm) behind the posterior 
edge of the grid (Figure 12 to this part illustrates this flap).
    (iii) Double cover flap offshore TED flap. This flap must be 
composed of two equal size rectangular panels of webbing. Each panel 
must be no less than 58 inches (147 cm) wide and may overlap each other 
no more than 15 inches (38 cm). The panels may only be sewn together 
along the leading edge of the cut. The trailing edge of each panel must 
not extend more than 24 inches (61 cm) past the posterior edge of the 
grid (Figure 16 to this part). Each panel may be sewn down the entire 
length of the outside edge of each panel. Chafing webbing described in 
paragraph (d)(4) of this section may not be used with this type of flap.
    (A) Edge lines. Optional edge lines can be used in conjunction with 
this flap. The line must be made of polyethylene with a maximum diameter 
of 3/8 inches (.95 cm). A single length of line must be used for each 
flap panel. The line must be sewn evenly to the unattached, inside edges 
and trailing edges, of each flap panel. When edge lines are installed, 
the outside edge of each flap panel must be attached along the entire 
length of the flap panel.
    (B) [Reserved]
    (4) Chafing webbing. A single piece of nylon webbing, with a twine 
size no smaller than size 36 (2.46 mm in diameter), may be attached 
outside of the escape opening webbing flap to prevent chafing on bottom 
opening TEDs. This webbing may be attached along its leading edge only. 
This webbing may not extend beyond the trailing edge or sides of the 
existing escape opening webbing flap, and it must not interfere or 
otherwise restrict the turtle escape opening.
    (5) Roller gear. Roller gear may be attached to the bottom of a TED 
to prevent chafing on the bottom of the TED and the trawl net. When a 
webbing flap is used in conjunction with roller gear, the webbing flap 
must be of a length such that no part of the webbing flap can touch or 
come in contact with any part of the roller gear assembly or the means 
of attachment of the roller gear assembly to the TED, when the trawl net 
is in its normal, horizontal position. Roller gear must be constructed 
according to one of the following design criteria:
    (i) A single roller consisting of hard plastic shall be mounted on 
an axle rod, so that the roller can roll freely about the axle. The 
maximum diameter of the roller shall be 6 inches (15.24 cm), and the 
maximum width of the axle rod shall be 12 inches (30.4 cm). The axle rod 
must be attached to the TED by two support rods. The maximum clearance 
between the roller and the TED shall not exceed 1 inch (2.5 cm) at the 
center of the roller. The support rods and axle rod must be made from 
solid steel or solid aluminum rod no larger than \1/2\ inch (1.28 cm) in 
diameter. The attachment of the support rods to the TED shall be such 
that there are no protrusions (lips, sharp edges, burrs, etc.) on the 
front face of the grid. The axle rod and support rods must lie entirely 
behind the plane of the face of the TED grid.
    (ii) A single roller consisting of hard plastic tubing shall be 
tightly tied to the back face of the TED grid with rope or heavy twine 
passed through the center of the roller tubing. The roller shall lie 
flush against the TED. The maximum outside diameter of the roller shall 
be 3\1/2\ inches (8.0 cm), the minimum outside diameter of the roller 
shall be 2 inches (5.1 cm), and the maximum length of the roller shall 
be 12 inches (30.4 cm). The roller must lie entirely behind the plane of 
the face of the grid.
    (6) Water deflector fin for hooped hard TEDs. On a hooped hard TED, 
a water deflector fin may be welded to the forward edge of the escape 
opening. The fin must be constructed of a flat aluminum bar, up to 3/8 
inch (0.95 cm) thick and up to 4 inches (10.2 cm) deep. The fin may be 
as wide as the width of the escape opening, minus 1 inch (2.5 cm). The 
fin must project aft into the TED with an angle between 5[deg] and 
45[deg] from the normal, horizontal plane of the trawl. On an inshore 
hooped hard TED, the clearance between the deflector bars and the 
posterior edge of the deflector fin must be at least 20 inches

[[Page 365]]

(51 cm). On an offshore hooped hard TED, the clearance between the 
deflector bars and the posterior edge of the deflector fin must be at 
least 23-1/4 inches (59 cm).
    (7) Hinged door frame for hooped hard TEDs. A hinged door frame may 
be attached to the forward edge of the escape opening on a hooped hard 
TED. The door frame must be constructed of materials specified at 
paragraphs (a)(1)(i) or (a)(1)(ii) of this section for inshore and 
offshore hooped hard TEDs, respectively. The door frame may be covered 
with a single panel of mesh webbing that is taut and securely attached 
with twine to the perimeter of the door frame, with a mesh size not 
greater than that used for the TED extension webbing. The door frame 
must be at least as wide as the TED escape opening. The door frame may 
be a maximum of 24 inches (61 cm) long. The door frame must be connected 
to the forward edge of the escape opening by a hinge device that allows 
the door to open outwards freely. The posterior edge of the door frame, 
in the closed position, must lie at least 12 inches (30 cm) forward of 
the posterior edge of the escape opening. A water deflector fin may be 
welded to the posterior edge of the hinged door frame. The fin must be 
constructed of a flat aluminum bar, up to 3/8 inch (0.95 cm) thick and 
up to four inches (10.2 cm) deep. The fin may be as wide as the width of 
the escape opening, minus one inch (2.5 cm). The fin must project aft 
into the TED with an angle between 5[deg] and 45[deg] from the normal, 
horizontal plane of the trawl, when the door is in the closed position. 
The clearance between the posterior edge of the escape opening and the 
posterior edge of the door frame or the posterior edge of the water 
deflector fin, if installed, must be no less than 12 inches (30 cm), 
when the door is in the closed position. Two stopper ropes or a hinge 
limiter may be used to limit the maximum opening height of the hinged 
door frame, as long as they do not obstruct the escape opening in any 
way or restrict the free movement of the door to its fully open 
position. When the door is in its fully open position, the minimum 
clearance between any part of the deflector bars and any part of the 
door, including a water deflector fin if installed, must be at least 20 
inches (51 cm) for an inshore hooped hard TED and at least 23 1/4 inches 
(59 cm) for an offshore hooped hard TED. The hinged door frame may not 
be used in combination with a webbing flap specified at paragraph (d)(3) 
of this section or with a water deflection fin specified at paragraph 
(d)(6) of this section.
    (e) Revision of generic design criteria, and approval of TEDs, of 
allowable modifications of hard TEDs, and of special hard TEDs. (1) The 
Assistant Administrator may revise the generic design criteria for hard 
TEDs set forth in paragraph (a) of this section, may approve special 
hard TEDs in addition to those listed in paragraph (b) of this section, 
may approve allowable modifications to hard TEDs in addition to those 
authorized in paragraph (d) of this section, or may approve other TEDs, 
by regulatory amendment, if, according to a NMFS-approved scientific 
protocol, the TED demonstrates a sea turtle exclusion rate of 97 percent 
or greater (or an equivalent exclusion rate). Two such protocols have 
been published by NMFS (52 FR 24262, June 29, 1987; and 55 FR 41092, 
October 9, 1990) and will be used only for testing relating to hard TED 
designs. Testing under any protocol must be conducted under the 
supervision of the Assistant Administrator, and shall be subject to all 
such conditions and restrictions as the Assistant Administrator deems 
appropriate. Any person wishing to participate in such testing should 
contact the Director, Southeast Fisheries Science Center, NMFS, 75 
Virginia Beach Dr., Miami, FL 33149-1003.
    (2) Upon application, the Assistant Administrator may issue permits, 
subject to such conditions and restrictions as the Assistant 
Administrator deems appropriate, authorizing public or private 
experimentation aimed at improving shrimp retention efficiency of 
existing approved TEDs and at developing additional TEDs, or conducting 
fishery research, that would otherwise be subject to Sec. 
223.206(d)(2). Applications should be made to the Southeast Regional 
Administrator (see Sec. 222.102

[[Page 366]]

definition of ``Southeast Regional Administrator'').

[64 FR 14073, Mar. 23, 1999, as amended at 64 FR 55438, Oct. 13, 1999; 
66 FR 1603, Jan. 9, 2001; 66 FR 24288, May 14, 2001; 68 FR 8467, Feb. 
21, 2003; 68 FR 51514, Aug. 27, 2003; 68 FR 54934, Sept. 19, 2003; 69 FR 
31037, June 2, 2004]

    Effective Date Note: At 64 FR 14073, Mar. 23, 1999, Sec. 223.207 
was added. Paragraphs (a)(9)(ii) (A) and (B) contain information 
collection and recordkeeping requirements and will not become effective 
until approval has been given by the Office of Management and Budget.



Sec. 223.208  Corals.

    (a) Prohibitions. (1) The prohibitions of section 9(a)(1) of the ESA 
(16 U.S.C. 1538(a)(1)) relating to endangered species apply to elkhorn 
(Acropora palmata) and staghorn (A. cervicornis) corals listed as 
threatened in Sec. 223.102(d), except as provided in Sec. 223.208(c).
    (2) It is unlawful for any person subject to the jurisdiction of the 
United States to do any of the following:
    (i) Fail to comply immediately, in the manner specified at Sec. 
600.730 (b) through (d) of this title, with instructions and signals 
specified therein issued by an authorized officer, including 
instructions and signals to haul back a net for inspection;
    (ii) Refuse to allow an authorized officer to board a vessel, or to 
enter an area where fish or wildlife may be found, for the purpose of 
conducting a boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;
    (iii) Destroy, stave, damage, or dispose of in any manner, fish or 
wildlife, gear, cargo, or any other matter after a communication or 
signal from an authorized officer, or upon the approach of such an 
officer or of an enforcement vessel or aircraft, before the officer has 
an opportunity to inspect same, or in contravention of directions from 
the officer;
    (iv) Assault, resist, oppose, impede, intimidate, threaten, 
obstruct, delay, prevent, or interfere with an authorized officer in the 
conduct of any boarding, search, inspection, seizure, investigation, or 
arrest in connection with enforcement of this section;
    (v) Interfere with, delay, or prevent by any means, the apprehension 
of another person, knowing that such person committed an act prohibited 
by this section;
    (vi) Resist a lawful arrest for an act prohibited by this section;
    (vii) Make a false statement, oral or written, to an authorized 
officer or to the agency concerning applicability of the exceptions 
enumerated in paragraph (c) of this section relating to elkhorn and 
staghorn corals;
    (viii) Make a false statement, oral or written, to an authorized 
officer or to the agency concerning the fishing for, catching, taking, 
harvesting, landing, purchasing, selling, or transferring fish or 
wildlife, or concerning any other matter subject to investigation under 
this section by such officer, or required to be submitted under this 
part 223; or
    (ix) Attempt to do, solicit another to do, or cause to be done, any 
of the foregoing.
    (b) Affirmative defense. In connection with any action alleging a 
violation of this section, any person claiming the benefit of any 
exception, exemption, or permit under this section has the burden of 
proving that the exception, exemption, or permit is applicable, was 
granted, and was valid and in force at the time of the alleged 
violation, and that the person fully complied with the exception, 
exemption, or permit.
    (c) Exceptions. Exceptions to the prohibitions of section 9(a)(1) of 
the ESA (16 U.S.C. 1538(a)(1)) applied in paragraph (a) of this section 
relating to elkhorn and staghorn corals are described in the following 
paragraphs (1) through (6):
    (1) Permitted scientific research and enhancement. Any export or 
take of elkhorn or staghorn corals resulting from conducting scientific 
research or enhancement directed at elkhorn and staghorn corals is 
excepted from the prohibitions in ESA sections 9(a)(1)(A), (B) and (C) 
provided a valid research or enhancement permit has been obtained from 
one of the following Federal or state agencies: NOAA National Ocean 
Service National Marine Sanctuary Program, National Park Service, U.S. 
Fish and Wildlife Service, Florida Fish and Wildlife Conservation 
Commission, Puerto Rico Department of Natural

[[Page 367]]

and Environmental Resources, or the U.S. Virgin Islands Department of 
Planning and Natural Resources. The exportation or take must be in 
compliance with the applicable terms and conditions of the applicable 
research or enhancement permit, and the permit must be in the possession 
of the permittee while conducting the activity. Export of elkhorn or 
staghorn corals from the United States to conduct excepted research or 
enhancement activities requires a CITES export permit from the U.S. Fish 
and Wildlife Service in addition to the research permit for collection. 
Import of elkhorn or staghorn corals into the United States to conduct 
excepted research or enhancement activities must be in compliance with 
the provisions of section 9(c) of the ESA.
    (2) Restoration activities. Any agent or employee of governmental 
agencies listed in Table 1 may take listed elkhorn or staghorn corals 
without a permit, when acting in the course of conducting a restoration 
activity directed at elkhorn or staghorn coral which is authorized by an 
existing authority (see Table 1 to this section). Take of elkhorn or 
staghorn corals during such restoration activity is excepted from the 
prohibitions in ESA sections 9(a)(1)(B) and (C). An excepted restoration 
activity is defined as the methods and processes used to provide aid to 
injured individual elkhorn or staghorn coral.
    (3) Section 10 scientific and enhancement permits. The Assistant 
Administrator may issue permits authorizing activities that would 
otherwise be prohibited under Sec. 223.208(a) for scientific purposes 
or to enhance the propagation or survival of elkhorn or staghorn corals, 
in accordance with and subject to the conditions of part 222, subpart C-
General Permit Procedures.
    (4) Section 10 incidental take permits. The Assistant Administrator 
may issue permits authorizing activities that would otherwise be 
prohibited under Sec. 223.208(a) in accordance with section 10(a)(1)(B) 
of the ESA (16 U.S.C. 1539(a)(1)(B)), and in accordance with, and 
subject to the conditions of part 222 of this chapter. Such permits may 
be issued for the incidental taking of elkhorn and staghorn corals.
    (5) Section 7 Interagency consultation. Any incidental taking that 
is in compliance with the terms and conditions specified in a written 
statement provided under section 7(b)(4)(C) of the ESA (16 U.S.C. 
1536(b)(4)(C)) shall not be considered a prohibited taking of elkhorn 
and staghorn corals pursuant to paragraph (o)(2) of section 7 of the ESA 
(16 U.S.C. 1536(o)(2)).
    (6) Importation under the Convention on International Trade of 
Endangered Species. Any importation of elkhorn or staghorn corals in 
compliance with the provisions of section 9(c) of the ESA (16 U.S.C. 
1538(c)) shall not be considered a violation of any provision of the ESA 
or any regulation issued pursuant to the ESA.

Table 1 to Sec. 223.208. Agencies and Authorizing Statutes Whose Coral
    Restoration Activities Are Excepted From Certain Prohibitions in
                     Paragraph (a) of This Section.
------------------------------------------------------------------------
                                FEDERAL:
-------------------------------------------------------------------------
          Agency/Person              Statute and Specific Provision(s)
------------------------------------------------------------------------
NOAA, National Ocean Service       National Marine Sanctuaries Act
 (NOS)
                                   16 U.S.C. 1431 et seq.
------------------------------------------------------------------------
NOAA, NOS                          Coral Reef Conservation Act
                                   16 U.S.C. 6406
------------------------------------------------------------------------
Commandant, U.S. Coast Guard       [sec]Oil Pollution Act[sec]
 (USCG), Authorized                33 U.S.C. 2702
 representatives of States or
 Indian Tribes.
------------------------------------------------------------------------
Designated Federal, State or       33 U.S.C. 2706
 Indian tribal natural resources
 trustees, including NOAA,
 Department of Interior (DOI),
 Florida Department of
 Environmental Protection (FDEP),
 Puerto Rico Department of
 Natural and Environmental
 Resources (DNER), and U.S.
 Virgin Islands Department of
 Planning and Natural Resources
 (DPNR)
------------------------------------------------------------------------

[[Page 368]]

 
Administrator, Environmental       [sec]Clean Water Act[sec]
 Protection Agency (EPA) or        33 U.S.C. 1321
 Commandant, USCG; Authorized
 representatives of States.
------------------------------------------------------------------------
Designated Federal, State or       .....................................
 Indian tribal natural resources
 trustees, including NOAA, DOI,
 FDEP, DNER, and DPNR.
------------------------------------------------------------------------
Administrator of the EPA; States   [sec]Superfund Act[sec] (CERCLA)
 or Indian Tribes in cooperative   42 U.S.C. 9604
 agreements with EPA; Heads of
 other Federal agencies where
 release is from vessel or
 facility solely under their
 control.
------------------------------------------------------------------------
Administrator of the EPA           42 U.S.C. 9606
------------------------------------------------------------------------
Designated Federal, State or       42 U.S.C. 9607
 Indian tribal natural resources
 trustees, including NOAA, DOI,
 FDEP, DNER, and DPNR
------------------------------------------------------------------------
DOI, National Park Service (NPS)   Park System Resource Protection Act,
                                   16 U.S.C. 19jj
                                   16 U.S.C. 668dd-668ee (National
                                    Wildlife Refuge System)
------------------------------------------------------------------------
DOI                                National Wildlife Refuge System
                                    Administration Act,
                                   16 U.S.C. 668
------------------------------------------------------------------------
FLORIDA:
------------------------------------------------------------------------
The Board of Trustees of the       State Lands; Board of Trustees to
 Internal Improvement Trust Fund    Administer
                                   FL Statute Sec. 253.03
 
                                   Duty of Board to Protect, etc.
                                   FL Statute. Sec. 253.04
                                   FDEP
------------------------------------------------------------------------
Governor and Cabinet; FDEP         Land Acquisition for Conservation or
                                    Recreation; Conservation and
                                    Recreation Lands Trust Fund
                                   FL Statute Sec. 259.032
------------------------------------------------------------------------
FDEP                               Pollutant Discharge Prevention and
                                    Removal; Liability for Damage to
                                    Natural Resources
                                   FL Statute Sec. 376.121
------------------------------------------------------------------------
FDEP                               Land and Water Management; Coral Reef
                                    Restoration
                                   FL Statute Sec. 390.0558
------------------------------------------------------------------------
Florida Fish and Wildlife          Fish and Wildlife Conservation
 Conservation Commission            Commission
                                   FL Statute Sec. 20.331
------------------------------------------------------------------------
U.S. VIRGIN ISLANDS:
----------------------------------
DPNR                               DPNR; Powers and Duties of Department
                                   3 V.I.C. Sec. 401
------------------------------------------------------------------------
DPNR                               Conservation; Croix East End Marine
                                    Park Established;
                                   12 V.I.C. Sec. 98
------------------------------------------------------------------------
PUERTO RICO:
------------------------------------------------------------------------
DNER                               Conservation; Protection,
                                    Conservation and Management of Coral
                                    Reefs
                                   12 L.P.R.A. Sec. Sec. 241-241g et
                                    seq.
----------------------------------
DNER                               Conservation; Natural Patrimony
                                    Program
                                   12 L.P.R.A. Sec. 1225 et seq.
------------------------------------------------------------------------
DNER                               Conservation; Natural Resources;
                                    Declarations of Marine Reserves (and
                                    other protected areas) containing
                                    elkhorn and staghorn corals
                                   12 L.P.R.A.; Subtitle 6A; Chapter
                                    252; Sec. Sec. 5011 et seq.
------------------------------------------------------------------------


[[Page 369]]


[73 FR 64276, Oct. 29, 2008]



Sec. 223.209  [Reserved]



Sec. 223.210  North American green sturgeon.

    (a) Prohibitions. The prohibitions of section 9(a)(1)(A) through 
9(a)(1)(G) of the ESA (16 U.S.C. 1538) relating to endangered species 
apply to the threatened Southern Distinct Population Segment (DPS) of 
North American green sturgeon listed in Sec. 223.102(c)(1).
    (b) Exceptions. Exceptions to the take prohibitions described in 
section 9(a)(1)(B) and (C) of the ESA (16 U.S.C. 1538(a)(1)(B) and (C)) 
applied in paragraph (a) of this section to the threatened Southern DPS 
listed in section 223.102(c) are described in the following paragraphs 
(b)(1) through (b)(3).
    (1) Scientific Research and Monitoring Exceptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern DPS 
listed in Sec. 223.102(c)(1) do not apply to ongoing or future Federal, 
state, or private-sponsored scientific research or monitoring activities 
if:
    (i) The scientific research or monitoring activity complies with 
required state reviews or permits;
    (ii) The research or monitoring activity is directed at the Southern 
DPS and is not incidental to research or monitoring of another species;
    (iii) Take of live mature adults in the lower Feather River from the 
confluence with the Sacramento River to the Oroville Dam (rkm 116), the 
lower Yuba River from the confluence with the Feather River to the 
Daguerre Dam (rkm 19), or Suisun, San Pablo, and San Francisco Bays or 
the Sacramento-San Joaquin Delta from the Golden Gate Bridge up into the 
Sacramento River to Keswick Dam (rkm 483) occurs from July 1 through 
March 1 so as to substantially increase the likelihood that 
uninterrupted upstream spawning migrations of adults will occur;
    (iv) Take is non-lethal;
    (v) Take involving the removal of any life stage of the Southern DPS 
from the wild does not exceed 60 minutes;
    (vi) Take does not involve artificial spawning or enhancement 
activities;
    (vii) A description of the study objectives and justification, a 
summary of the study design and methodology, estimates of the total non-
lethal take of Southern DPS fish anticipated, estimates of incidental 
take of other ESA listed species anticipated and proof that those takes 
have been authorized by NMFS or the USFWS, identification of funding 
sources, and a point of contact is reported to the NMFS Southwest 
Regional Office in Long Beach at least 60 days prior to the start of the 
study, or by August 31, 2010 for ongoing studies;
    (viii) Reports that include the total number of Southern DPS and any 
other ESA listed species taken, information that supports that take was 
non-lethal, and a summary of the project results is submitted to the 
NMFS Southwest Regional Office in Long Beach on a schedule to be 
determined by NMFS; and
    (ix) Research or monitoring that involves action, permitting, or 
funding by a Federal agency still complies with the requirements of ESA 
section 7(a)(2) in order to ensure that the action will not jeopardize 
the continued existence of the threatened Southern DPS.
    (2) Enforcement Exception. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec. 
223.102(c)(1) do not apply to any employee of NMFS, when the employee, 
acting in the course of his or her official duties, takes the Southern 
DPS listed in Sec. 223.102(c)(1) without a permit, if such action is 
necessary for purposes of enforcing the ESA or its implementing 
regulations.
    (3) Emergency Fish Rescue and Salvage Exceptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern DPS 
listed in Sec. 223.102(c)(1) do not apply to emergency fish rescue and 
salvage activities that include aiding sick, injured, or stranded fish, 
disposing of dead fish, or salvaging dead fish for use in scientific 
studies, if:
    (i) The activity complies with required state or other Federal 
reviews or permits;

[[Page 370]]

    (ii) The activity is conducted by an employee or designee of NMFS or 
the U.S. Fish and Wildlife Service (USFWS), any Federal land management 
agency, or California Department of Fish and Game, Oregon Department of 
Fish and Wildlife, Washington Department of Fish and Wildlife, or Alaska 
Department of Fish and Game;
    (iii) The activity benefits the Southern DPS; and
    (iv) Those carrying out the activity submit a report to the NMFS 
Southwest Regional Office in Long Beach that includes, at a minimum, the 
number and status of fish handled, the location of rescue and/or salvage 
operations, and the potential causes(s) of the emergency situation 
within 10 days after conducting the emergency rescue.
    (4) Habitat Restoration Exceptions. The prohibitions of paragraph 
(a) of this section relating to the threatened Southern DPS listed in 
Sec. 223.102(c)(1) do not apply to habitat restoration activities 
including barrier removal or modification to restore water flows, 
riverine or estuarine bed restoration, natural bank stabilization, 
restoration of native vegetation, removal of non-native species, or 
removal of contaminated sediments, that reestablish self-sustaining 
habitats for the Southern DPS, if:
    (i) The activity complies with required state and Federal reviews 
and permits;
    (ii) Those carrying out the activity submit a detailed description 
of the restoration activity to the NMFS Southwest Regional Office in 
Long Beach at least 60 days prior to the start of the restoration 
project, or, for ongoing studies, by August 31, 2010, which includes: 
the geographic area affected; when activities will occur; how they will 
be conducted; and the severity of direct, indirect, and cumulative 
impacts of activities on the Southern DPS; identification of funding 
sources; demonstration that all state and Federal regulatory 
requirements have been met; a description of methods used to ensure that 
the likelihood of survival or recovery of the listed species is not 
reduced; a plan for minimizing and mitigating any adverse impacts to 
Southern DPS spawning or rearing habitat; an estimate of the amount of 
incidental take of the listed species that may occur and a description 
of how that estimate was made; a plan for effective monitoring and 
adaptive management; a pledge to use best available science and 
technology when conducting restoration activities; and a point of 
contact;
    (iii) Those carrying out the activity submit progress reports that 
include the total number of Southern DPS fish taken, information 
regarding whether the take was lethal or non-lethal, a summary of the 
status of the project, and any changes in the methods being used, to the 
NMFS Southwest Regional Office in Long Beach on a schedule to be 
determined by NMFS; and
    (iv) An activity that involves action, permitting, or funding by a 
Federal agency complies with the requirements of ESA section 7(a)(2) in 
order to ensure that the action will not jeopardize the continued 
existence of the threatened Southern DPS.
    (c) Exemptions via ESA 4(d) Program Approval. Exemptions from the 
take prohibitions described in section 9(a)(1)(B) and (C) of the ESA (16 
U.S.C. 1538(a)(1)(B) and (C)) applied in paragraph (a) of this section 
to the threatened Southern DPS listed in Sec. 223.102(c) are described 
in paragraphs (c)(1) through (c)(3) of this section.
    (1) Scientific Research and Monitoring Exemptions. The prohibitions 
of paragraph (a) of this section relating to the threatened Southern DPS 
listed in Sec. 223.102(c)(1) do not apply to ongoing or future state-
sponsored scientific research or monitoring activities that are part of 
a NMFS-approved, ESA-compliant state 4(d) research program conducted by, 
or in coordination with, state fishery management agencies (California 
Department of Fish and Game, Oregon Department of Fish and Wildlife, 
Washington Department of Fish and Wildlife, or Alaska Department of Fish 
and Game), or as part of a monitoring and research program overseen by, 
or coordinated by, one of these agencies. State 4(d) research programs 
must meet the following criteria:
    (i) Descriptions of the ongoing and future 4(d) research or 
monitoring activity, as described in paragraph

[[Page 371]]

(c)(1)(ii) of this section, must be received by the NMFS Southwest 
Regional Office in Long Beach during the mid-September through mid-
October 2010 application period. This exception to the section 9 take 
prohibitions expires if the proposal is rejected as insufficient or is 
denied. If the state 4(d) research program package is received during 
the mid-September to mid-October application period, ongoing state-
supported scientific research activities may continue until NMFS issues 
a written decision of approval or denial. If approved, the state 4(d) 
program authorization will cover one calendar year and state-supported 
researchers would have to renew authorizations annually during 
subsequent application periods.
    (ii) Descriptions of ongoing and future state-supported research 
activities must include the following information and should be 
submitted to NMFS by the State: an estimate of total direct or 
incidental take; a description of the study design and methodology; a 
justification for take and the techniques employed; and a point of 
contact.
    (iii) NMFS will provide written approval of a state 4(d) research 
program.
    (iv) The State agency will provide an annual report to NMFS that, at 
a minimum, summarizes the number of Southern DPS green sturgeon taken 
directly or incidentally, and summarizes the results of the project.
    (2) Fisheries Exemptions. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec. 
223.102(c)(1) do not apply to fisheries activities that are conducted in 
accordance with a NMFS-approved Fishery Management and Evaluation Plan 
(FMEP). If NMFS finds that an FMEP meets the criteria listed below, a 
letter of concurrence which sets forth the terms of the FMEP's 
implementation and the duties of the parties pursuant to the FMEP, will 
be issued to the applicant.
    (i) An FMEP must prohibit retention of green sturgeon (i.e., zero 
bag limit); set maximum incidental take levels, include restrictions to 
minimize incidental take of the green sturgeon (e.g., temporal/spatial 
restrictions, size of fish, gear used); provide a biologically based 
rationale demonstrating that the incidental take management strategy 
will not significantly reduce the likelihood of survival or recovery of 
the Southern DPS; include effective monitoring and evaluation plans; 
provide for evaluating monitoring data and making revisions to the FMEP; 
provide for effective enforcement and education; provide a timeframe for 
FMEP implementation; and report the amount of incidental take and 
summarize the effectiveness of the FMEP to NMFS on a biannual basis.
    (ii) The ESA section 9(a)(1)(B) and (a)(1)(C) take prohibitions will 
not apply to ongoing commercial and recreational fisheries activities 
until September 30, 2010 if a letter of intent to develop an FMEP that 
is protective of green sturgeon has been received by NMFS by July 2, 
2010. The exemption will expire if the letter of intent is rejected 
without further review of a FMEP. If the letter of intent is received by 
August 31, 2010, a draft FMEP must be received by NMFS within 6 months 
from the date of receipt of the letter of intent. A final FMEP must be 
received by NMFS within 3 months from the date of receipt of NMFS' 
comments on the draft FMEP. Ongoing commercial and recreational 
fisheries activities may continue until NMFS issues a letter of 
concurrence or denial for final FMEPs.
    (iii) NMFS will provide a public comment period (=30 
days) before approval of new or amended FMEPs; provide a letter of 
concurrence for approved FMEPs that specifies the implementation and 
reporting requirements; evaluate FMEPs every 5 years and identify 
changes that would improve their effectiveness; and provide a public 
comment period (=30 days) before withdrawing approval of an 
FMEP.
    (3) Tribal Exemptions. The prohibitions of paragraph (a) of this 
section relating to the threatened Southern DPS listed in Sec. 
223.102(c)(1) do not apply to fishery harvest or other activities 
undertaken by a tribe, tribal member, tribal permittee, tribal employee, 
or tribal agent in Willapa Bay, WA, Grays Harbor, WA, Coos Bay, OR, 
Winchester Bay, OR, Humboldt Bay, CA, and any other area where tribal 
treaty fishing occurs, if those activities are compliant with a tribal 
resource management

[[Page 372]]

plan (Tribal Plan), provided that the Secretary determines that 
implementation of such Tribal Plan will not appreciably reduce the 
likelihood of survival and recovery of the Southern DPS. In making that 
determination the Secretary shall use the best available biological data 
(including any tribal data and analysis) to determine the Tribal Plan's 
impact on the biological requirements of the species, and will assess 
the effect of the Tribal Plan on survival and recovery, consistent with 
legally enforceable tribal rights and with the Secretary's trust 
responsibilities to tribes.
    (i) A Tribal Plan may include, but is not limited to, plans that 
address fishery harvest, artificial production, research, or water or 
land management, and may be developed by one tribe or jointly with other 
tribes. The Secretary will consult on a government-to-government basis 
with any tribe that so requests and will provide, to the maximum extent 
practicable, technical assistance in examining impacts on the Southern 
DPS as tribes develop Tribal Plans. A Tribal Plan must specify the 
procedures by which the tribe will enforce its provisions.
    (ii) Where there exists a Federal court proceeding with continuing 
jurisdiction over the subject matter of a Tribal Plan, the plan may be 
developed and implemented within the ongoing Federal Court proceeding. 
In such circumstances, compliance with the Tribal Plan's terms shall be 
determined within that Federal Court proceeding.
    (iii) The Secretary shall seek comment from the public on the 
Secretary's pending determination whether implementation of a Tribal 
Plan will appreciably reduce the likelihood of survival and recovery of 
the listed Southern DPS.
    (iv) The Secretary shall publish notification in the Federal 
Register of any determination regarding a Tribal Plan and the basis for 
that determination.
    (d) The exceptions of section 10 of the ESA (16 U.S.C. 1539) and 
other exceptions under the ESA relating to endangered species, including 
regulations in part 222 of this chapter II implementing such exceptions, 
also apply to the threatened Southern DPS of North American green 
sturgeon listed in Sec. 223.102(c)(1). Federal, state, and private-
sponsored research activities for scientific research or enhancement 
purposes that are not covered under Scientific Research and Monitoring 
Exceptions as described in paragraph (b)(1) of this section or 
Scientific Research and Monitoring Exemptions as described in paragraph 
(c)(1) of this section, may take Southern DPS fish pursuant to the 
specifications of an ESA section 10 permit. Section 9(a)(1)(B) and 
(a)(1)(C) take prohibitions would not apply to ongoing research 
activities if an application for an ESA section 10(a)(1)(A) permit is 
received by NMFS, preferably through the NMFS online application Web 
site https://apps.nmfs.noaa.gov, no later than November 29, 2010. The 
take prohibitions would take effect if the permit application is 
rejected as insufficient or a permit is denied. If the permit 
application is received by November 29, 2010, ongoing research 
activities may continue without take prohibitions until NMFS issues or 
denies a permit.
    (e) Affirmative Defense. In connection with any action alleging a 
violation of the prohibitions of paragraph (a) of this section with 
respect to the threatened Southern DPS of North American green sturgeon 
listed in Sec. 223.102(c)(1), any person claiming that his or her take 
is authorized via methods listed in paragraph (b) of this section shall 
have a defense where the person can demonstrate that the take 
authorization is applicable and was in force, and that the person fully 
complied with the take authorization requirements at the time of the 
alleged violation. This defense is an affirmative defense that must be 
raised, pleaded, and proven by the proponent. If proven, this defense 
will be an absolute defense to liability under section 9(a)(1)(G) of the 
ESA with respect to the alleged violation.

[75 FR 30728, June 2, 2010]



Sec. 223.211  Southern DPS of spotted seal.

    The prohibitions of section 9(a)(1)(A) through 9(a)(1)(G) of the ESA 
(16 U.S.C. 1538) relating to endangered species shall apply to the 
Southern Distinct

[[Page 373]]

Population Segment of the spotted seal listed in Sec. 223.102(a)(3).

[75 FR 65248, Oct. 22, 2010]



                 Sec. Figures 1-2 to Part 223 [Reserved]

                   Figure 3 to Part 223--Matagorda TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.047


[52 FR 24260, June 29, 1987. Redesignated at 57 FR 40868, Sept. 8, 1992]

[[Page 374]]



                 Sec. Figure 4 to Part 223--Georgia TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.048


[52 FR 24261, June 29, 1987. Redesignated at 57 FR 40868, Sept. 8, 1992]

[[Page 375]]



  Sec. Figure 5 to Part 223--Net Diagram for the Excluder Panel of the 
                             Parker Soft TED
[GRAPHIC] [TIFF OMITTED] TR13AP98.001


[63 FR 17958, Apr. 13, 1998]

[[Page 376]]



    Sec. Figure 6 to Part 223--TED Extension in Summer Flounder Trawl
[GRAPHIC] [TIFF OMITTED] TR15OC99.001


[64 FR 55864, Oct. 15, 1999]



                Sec. Figures 7-9b to Part 223 [Reserved]

[[Page 377]]

                   Figure 10 to Part 223--Flounder TED
[GRAPHIC] [TIFF OMITTED] TC01JY91.056


[58 FR 54069, Oct. 20, 1993]



                  Sec. Figure 11 to Part 223 [Reserved]

[[Page 378]]



  Sec. Figure 12 to Part 223--Escape Opening & Cover Dimensions for 71-
                                inch TED
[GRAPHIC] [TIFF OMITTED] TR21FE03.002


[68 FR 8469, Feb. 21, 2003]

[[Page 379]]



     Sec. Figure 13 to Part 223--Single Grid Hard TED Escape Opening
[GRAPHIC] [TIFF OMITTED] TC01JY91.060


[60 FR 15520, Mar. 24, 1995]

[[Page 380]]



 Sec. Figures 14a and 14b to Part 223--Maximum Angle of Deflector Bars 
With Straight Bars Attached to the Bottom of the Frame and Maximum Angle 
  of Deflector Bars With Bent Bars Attached to the Bottom of the Frame
[GRAPHIC] [TIFF OMITTED] TR19DE96.002


[61 FR 66946, Dec. 19, 1996]

[[Page 381]]



     Sec. Figure 15 to Part 223--Weedless TED Brace Bar Description
[GRAPHIC] [TIFF OMITTED] TR21FE03.003


[68 FR 8469, Feb. 21, 2003]

[[Page 382]]



 Sec. Figure 16 to Part 223--Escape Opening and Flap Dimensions for the 
                          Double Cover Flap TED
[GRAPHIC] [TIFF OMITTED] TR02JN04.003


[69 FR 31037, June 2, 2004]

[[Page 383]]



PART 224_ENDANGERED MARINE AND ANADROMOUS SPECIES--Table of Contents



Sec.
224.101 Enumeration of endangered marine and anadromous species.
224.102 Permits for endangered marine and anadromous species.
224.103 Special prohibitions for endangered marine mammals.
224.104 Special requirements for fishing activities to protect 
          endangered sea turtles.
224.105 Speed restrictions to protect North Atlantic Right Whales.

    Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.

    Source: 64 FR 14066, Mar. 23, 1999, unless otherwise noted.



Sec. 224.101  Enumeration of endangered marine and anadromous species.

    The marine and anadromous species determined by the Secretary of 
Commerce to be endangered pursuant to section 4(a) of the Act, as well 
as species listed under the Endangered Species Conservation Act of 1969 
by the Secretary of the Interior and currently under the jurisdiction of 
the Secretary of Commerce, are the following:
    (a) Marine and anadromous fish. The following table lists the common 
and scientific names of endangered species, the locations where they are 
listed, and the citations for the listings and critical habitat 
designations.

----------------------------------------------------------------------------------------------------------------
                Species \1\                                               Citation(s) for        Citation for
--------------------------------------------       Where listed               listing          critical habitat
     Common name          Scientific name                                determination(s)        designation
----------------------------------------------------------------------------------------------------------------
Shortnose sturgeon...  Acipenser             Everywhere..............  32 FR 4001, Mar. 11,  NA.
                        brevirostrum.                                   1967.
Smalltooth sawfish...  Pristis pectinata...  U.S.A...................  68 FR 15674, Apr. 1,  NA.
                                                                        2003.
Totoaba..............  Cynoscion macdonaldi  Everywhere..............  44 FR 29480, May 21,  NA.
                                                                        1979.
Gulf of Maine          Salmo salar.........  U.S.A., ME, Gulf of       65 FR 69469;          NA.
 Atlantic salmon.                             Maine Distinct            November 17, 2000;
                                              Population Segment. The   74 FR 29344, June
                                              GOM DPS includes all      19, 2009.
                                              anadromous Atlantic
                                              salmon whose freshwater
                                              range occurs in the
                                              watersheds from the
                                              Androscoggin River
                                              northward along the
                                              Maine coast to the
                                              Dennys River, and
                                              wherever these fish
                                              occur in the estuarine
                                              and marine environment.
                                              The following
                                              impassable falls
                                              delimit the upstream
                                              extent of the
                                              freshwater range:
                                              Rumford Falls in the
                                              town of Rumford on the
                                              Androscoggin River;
                                              Snow Falls in the town
                                              of West Paris on the
                                              Little Androscoggin
                                              River; Grand Falls in
                                              Township 3 Range 4 BKP
                                              WKR, on the Dead River
                                              in the Kennebec Basin;
                                              the un-named falls
                                              (impounded by Indian
                                              Pond Dam) immediately
                                              above the Kennebec
                                              River Gorge in the town
                                              of Indian Stream
                                              Township on the
                                              Kennebec River; Big
                                              Niagara Falls on
                                              Nesowadnehunk Stream in
                                              Township 3 Range 10
                                              WELS in the Penobscot
                                              Basin; Grand Pitch on
                                              Webster Brook in Trout
                                              Brook Township in the
                                              Penobscot Basin; and
                                              Grand Falls on the
                                              Passadumkeag River in
                                              Grand Falls Township in
                                              the Penobscot Basin.
                                              The marine range of the
                                              GOM DPS extends from
                                              the Gulf of Maine,
                                              throughout the
                                              Northwest Atlantic
                                              Ocean, to the coast of
                                              Greenland. Included are
                                              all associated
                                              conservation hatchery
                                              populations used to
                                              supplement these
                                              natural populations;
                                              currently, such
                                              conservation hatchery
                                              populations are
                                              maintained at Green
                                              Lake National Fish
                                              Hatchery (GLNFH) and
                                              Craig Brook National
                                              Fish Hatchery (CBNFH).
                                              Excluded are landlocked
                                              salmon and those salmon
                                              raised in commercial
                                              hatcheries for
                                              aquaculture.

[[Page 384]]

 
Snake River sockeye..  Oncorhynchus nerka..  U.S.A., ID, including     56 FR 58619, Nov.     58 FR 68543, Dec.
                                              all anadromous and        20, 1991.             28, 1993.
                                              residual sockeye salmon  June 28, 2005.......
                                              from the Snake River
                                              Basin, Idaho, as well
                                              as artificially
                                              propagated sockeye
                                              salmon from the Redfish
                                              Lake captive
                                              propagation program.
Sacramento River       Oncorhynchus          U.S.A., CA, including     52 FR 6041; Feb. 27,  58 FR 33212, June
 winter-run Chinook.    tshawytscha.          all naturally spawned     1987, 55 FR 49623;    16, 1993.
                                              populations of winter-    Nov. 30, 1990. 59
                                              run Chinook salmon in     FR 440; Jan. 1,
                                              the Sacramento River      1994.
                                              and its tributaries in   June 28, 2005.......
                                              California, as well as
                                              two artificial
                                              propagation programs:
                                              winter-run Chinook from
                                              the Livingston Stone
                                              National Fish Hatchery
                                              (NFH), and winter run
                                              Chinook in a captive
                                              broodstock program
                                              maintained at
                                              Livingston Stone NFH
                                              and the University of
                                              California Bodega
                                              Marine Laboratory.
Upper Columbia spring- Oncorhynchus          U.S.A., WA, including     64 FR 14308, Mar.     NA.
 run Chinook.           tshawytscha.          all naturally spawned     24, 1999.            [vacated 9/29/03;
                                              populations of Chinook   June 28, 2005.......   68 FR 55900].
                                              salmon in all river
                                              reaches accessible to
                                              Chinook salmon in
                                              Columbia River
                                              tributaries upstream of
                                              the Rock Island Dam and
                                              downstream of Chief
                                              Joseph Dam in
                                              Washington (excluding
                                              the Okanogan River),
                                              the Columbia River from
                                              a straight line
                                              connecting the west end
                                              of the Clatsop jetty
                                              (south jetty, Oregon
                                              side) and the west end
                                              of the Peacock jetty
                                              (north jetty,
                                              Washington side)
                                              upstream to Chief
                                              Joseph Dam in
                                              Washington, as well as
                                              six artificial
                                              propagation programs:
                                              the Twisp River,
                                              Chewuch River, Methow
                                              Composite, Winthrop
                                              NFH, Chiwawa River, and
                                              White River spring-run
                                              Chinook hatchery
                                              programs.
Central California     Oncorhynchus kisutch  U.S.A., CA, including     61 FR 56138, Oct.     64 FR 24049,
 Coast coho.                                  all naturally spawned     31, 1996.             May 5, 1999.
                                              populations of coho      June 28, 2005.......
                                              salmon from Punta Gorda
                                              in northern California
                                              south to and including
                                              the San Lorenzo River
                                              in central California,
                                              as well as populations
                                              in tributaries to San
                                              Francisco Bay,
                                              excluding the
                                              Sacramento-San Joaquin
                                              River system, as well
                                              four artificial
                                              propagation programs:
                                              the Don Clausen Fish
                                              Hatchery Captive
                                              Broodstock Program,
                                              Scott Creek/King Fisher
                                              Flats Conservation
                                              Program, Scott Creek
                                              Captive Broodstock
                                              Program, and the Noyo
                                              River Fish Station egg-
                                              take Program coho
                                              hatchery programs.
Southern California    Oncorhynchus mykiss.  U.S.A., CA, Distinct      62 FR 43937, Aug.     70 FR 52488,
 Steelhead.                                   Population Segment        18, 1997.             Sept. 2, 2005.
                                              including all naturally  Jan. 5, 2006........
                                              spawned anadromous O.
                                              mykiss (steelhead)
                                              populations below
                                              natural and manmade
                                              impassable barriers in
                                              streams from the Santa
                                              Maria River, San Luis
                                              Obispo County,
                                              California, (inclusive)
                                              to the U.S.-Mexico
                                              Border.
Puget Sound/Georgia    Sebastes paucispinis  U.S.A., Washington, and   75 FR 22290, Apr.     75 FR 22290, Apr.
 Basin DPS--Bocaccio.                         British Columbia,         28, 2010.             28, 2010.
                                              including Puget Sound
                                              and Georgia Basin.
Largetooth Sawfish...  Pristis perotteti...  Everywhere..............  76 FR 40835, July     NA.
                                                                        12, 2011.
----------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement,
  see 61 FR 4722, February 7, 1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56
  FR 58612, November 20, 1991).

    (b) Marine mammals. Beluga whale (Delphinapterus leucas), Cook Inlet 
distinct population segment; Blue whale (Balaenoptera musculus); Bowhead 
whale (Balaena mysticetus); Chinese river dolphin (Lipotes vexillifer); 
Cochito (Phocoena sinus); Fin or finback whale (Balaenoptera physalus); 
Hawaiian monk seal (Monachus schauinslandi); Humpback whale (Megaptera 
novaeangliae); Indus River dolphin (Platanista minor); Killer whale 
(Orcinus orca), Southern Resident distinct population segment, which 
consists of

[[Page 385]]

whales from J, K and L pods, wherever they are found in the wild, and 
not including Southern Resident killer whales placed in captivity prior 
to listing or their captive born progeny; Mediterranean monk seal 
(Monachus monachus); North Atlantic right whale (Eubalaena glacialis); 
North Pacific right whale (Eubalaena japonica); Southern right whale 
(Eubalaena australis); Saimaa seal (Phoca hispida saimensis); Sei whale 
(Balaenoptera borealis); Sperm whale (Physeter catodon); Western North 
Pacific (Korean) gray whale (Eschrichtius robustus); Steller sea lion, 
western population, (Eumetopias jubatus), which consists of Steller sea 
lions from breeding colonies located west of 144[deg] W. longitude.
    (c) Sea turtles. Green turtle (Chelonia mydas) breeding colony 
populations in Florida and on the Pacific coast of Mexico; Hawksbill 
turtle (Eretmochelys imbricata); Kemp's ridley turtle (Lepidochelys 
kempii); Leatherback turtle (Dermochelys coriacea); Olive ridley turtle 
(Lepidochelys olivacea) breeding colony population on the Pacific coast 
of Mexico.

    Note to Sec. 224.101(c): Jurisdiction for sea turtles by the 
Department of Commerce, National Oceanic and Atmospheric Administration, 
National Marine Fisheries Service, is limited to turtles while in the 
water.
    (d) Marine invertebrates. The following table lists the common and 
scientific names of endangered species, the locations where they are 
listed, and the citations for the listings and critical habitat 
designations.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                              Species                                                                                                 Citations (s) for
--------------------------------------------------------------------          Where Listed              Citation (s) for Listing       Critical Habitat
                   Common name                     Scientific name                                           Determinations              Designations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Black abalone                                             Haliotis                           USA, CA. 74 FR 1937; January 14, 2009                  N/A
                                                       cracherodii                                California, USA to Cape San
                                                                                      Lucas, Baja California,
                                                                     Mexico, including all offshore
                                                                                          islands.
--------------------------------------------------------------------------------------------------------------------------------------------------------
White abalone                                             Haliotis                           USA, CA. NOAA 2001; 66 FR 29054, May,   Deemed not prudent
                                                         sorenseni                                Conception, California 29, 2001.     NOAA 2001; 66 FR
                                                                              Punta Abreojos, Baja                                      29054, May, 29,
                                                                                                  California, Mexico including                    2001.
                                                                          all offshore islands and
                                                                                            banks.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[64 FR 14066, Mar. 23, 1999, as amended 64 FR 14328, Mar. 24, 1999; 65 
FR 20918, Apr. 19, 2000; 65 FR 69481, Nov. 17, 2000; 66 FR 29055, May 
29, 2001; 67 FR 21598, May 1, 2002; 68 FR 15680, Apr. 1, 2003; 70 FR 
37203, June 28, 2005; 70 FR 69912, Nov. 18, 2005; 71 FR 861, Jan. 5, 
2006; 73 FR 12030, Mar. 6, 2008; 73 FR 63907, Oct. 28, 2008; 73 FR 
62930, Oct. 22, 2008; 74 FR 1946, Jan. 14, 2009; 74 FR 29386, June 19, 
2009; 75 FR 22290, Apr. 28, 2010; 76 FR 14300, Mar. 16, 2011; 76 FR 
40835, July 12, 2011]

    Effective Date Note: At 76 FR 58951, Sept. 22, 2011, Sec. 224.101 
was amended by revising paragraph (c), effective Oct. 24, 2011. For the 
convenience of the user, the revised text is set forth as follows:



Sec. 224.101  Enumeration of endangered marine and anadromous species.

                                * * * * *

    (c) Sea turtles. The following table lists the common and scientific 
names of endangered sea turtles, the locations where they are listed, 
and the citations for the listings and critical habitat designations. 
Jurisdiction for sea turtles by the Department of Commerce, National 
Oceanic and Atmospheric Administration, National Marine Fisheries 
Service, is limited to turtles while in the water.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                             Species\1\                                                                                                Citation(s) for
--------------------------------------------------------------------          Where listed               Citation(s) for listing       critical habitat
                   Common name                     Scientific name                                          determination(s)            designation(s)
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
 (1) Green sea turtle...........................                  CheBreeding colony populations in      43 FR 32800; Jul 28, 1978                  NA.
                                                                        Florida and on the Pacific
                                                                                   coast of Mexico

[[Page 386]]

 
 (2) Hawksbill sea turtle.......................      Eretmochelys   Wherever found; tropical seas         35 FR 8491; Jun 2, 1970     47 FR 27295; Jun
                                                         imbricata                                                                      24, 1982, 63 FR
                                                                                                                                     46693; Sep 2, 1998,
                                                                                                                                       64 FR 14052; Mar
                                                                                                                                              23, 1999.
 (3) Kemp's ridley sea turtle...................      Lepidochelys    Wherever found; tropical and        35 FR 18319; Dec 2, 1970                  NA.
                                                            kempii      temperate seas in Atlantic
                                                                       Basin, incl. Gulf of Mexico
 (4) Leatherback sea turtle.....................       Dermochelys       Wherever found; tropical,         35 FR 8491; Jun 2, 1970     43 FR 43688; Sep
                                                          coriacea    temperate, and subpolar seas                                      26, 1978, 44 FR
                                                                                                                                         17710; Mar 23,
                                                                                                                                     1979, 64 FR 14052;
                                                                                                                                          Mar 23, 1999.
 (5) Loggerhead sea turtle--Mediterranean Sea                     CarettaMediterranean Sea east of       76 FR 58951; Sep 22, 2011                  NA.
 DPS............................................                              5[deg]36[min] W Long
 (6) Loggerhead sea turtle--North Indian Ocean                    CaretNorth Indian Ocean north of       76 FR 58951; Sep 22, 2011                  NA.
 DPS............................................                          the equator and south of
                                                                                    30[deg] N. Lat
 (7) Loggerhead sea turtle--North Pacific Ocean                   CarettNorth Pacific north of the       76 FR 58951; Sep 22, 2011                  NA.
 DPS............................................                      equator and south of 60[deg]
                                                                                            N. Lat
 (8) Loggerhead sea turtle--Northeast Atlantic                    CarNortheast Atlantic Ocean north      76 FR 58951; Sep 22, 2011                  NA.
 Ocean DPS......................................                          of the equator, south of
                                                                      60[deg] N. Lat., and east of
                                                                       40[deg] W. Long., except in
                                                                     the vicinity of the Strait of
                                                                       Gibraltar where the eastern
                                                                      boundary is 5[deg]36[min] W.
                                                                                              Long
 (9) Loggerhead sea turtle--South Pacific Ocean                   CarettSouth Pacific south of the       76 FR 58951; Sep 22, 2011                  NA.
 DPS............................................                      equator, north of 60[deg] S.
                                                                          Lat., west of 67[deg] W.
                                                                     Long., and east of 141[deg] E.
                                                                                              Long
 (10) Sea turtle, olive ridley..................      Lepidochelys   Breeding colony populations on      43 FR 32800; Jul 28, 1978                  NA.
                                                          olivacea     the Pacific coast of Mexico
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 1996), and
  evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).

                                * * * * *



Sec. 224.102  Permits for endangered marine and anadromous species.

    No person shall take, import, export, or engage in any activity 
prohibited by section 9 of the Act involving any marine species that has 
been determined to be endangered under the Endangered Species 
Conservation Act of 1969 or the Act, and that is under the jurisdiction 
of the Secretary, without a valid permit issued pursuant to part 222, 
subpart C of this chapter.

[[Page 387]]



Sec. 224.103  Special prohibitions for endangered marine mammals.

    (a) Approaching humpback whales in Hawaii. Except as provided in 
part 222, subpart C, of this chapter (General Permit Procedures), it is 
unlawful for any person subject to the jurisdiction of the United States 
to commit, to attempt to commit, to solicit another to commit, or to 
cause to be committed, within 200 nautical miles (370.4 km) of the 
Islands of Hawaii, any of the following acts with respect to humpback 
whales (Megaptera novaeangliae):
    (1) Operate any aircraft within 1,000 feet (300 m) of any humpback 
whale;
    (2) Approach, by any means, within 100 yard (90 m) of any humpback 
whale;
    (3) Cause a vessel or other object to approach within 100 yd (90 m) 
of a humpback whale; or
    (4) Disrupt the normal behavior or prior activity of a whale by any 
other act or omission. A disruption of normal behavior may be manifested 
by, among other actions on the part of the whale, a rapid change in 
direction or speed; escape tactics such as prolonged diving, underwater 
course changes, underwater exhalation, or evasive swimming patterns; 
interruptions of breeding, nursing, or resting activities, attempts by a 
whale to shield a calf from a vessel or human observer by tail swishing 
or by other protective movement; or the abandonment of a previously 
frequented area.
    (b) Approaching humpback whales in Alaska--(1) Prohibitions. Except 
as provided under paragraph (b)(2) of this section, it is unlawful for 
any person subject to the jurisdiction of the United States to commit, 
to attempt to commit, to solicit another to commit, or to cause to be 
committed, within 200 nautical miles (370.4 km) of Alaska, or within 
inland waters of the state, any of the acts in paragraphs (b)(1)(i) 
through (b)(1)(iii) of this section with respect to humpback whales 
(Megaptera novaeangliae):
    (i) Approach, by any means, including by interception (i.e., placing 
a vessel in the path of an oncoming humpback whale so that the whale 
surfaces within 100 yards (91.4 m) of the vessel), within 100 yards 
(91.4 m) of any humpback whale;
    (ii) Cause a vessel or other object to approach within 100 yards 
(91.4 m) of a humpback whale; or
    (iii) Disrupt the normal behavior or prior activity of a whale by 
any other act or omission, as described in paragraph (a)(4) of this 
section.
    (2) Exceptions. The following exceptions apply to this paragraph 
(b), but any person who claims the applicability of an exception has the 
burden of proving that the exception applies:
    (i) Paragraph (b)(1) of this section does not apply if an approach 
is authorized by the National Marine Fisheries Service through a permit 
issued under part 222, subpart C, of this chapter (General Permit 
Procedures) or through a similar authorization.
    (ii) Paragraph (b)(1) of this section does not apply to the extent 
that a vessel is restricted in her ability to maneuver and, because of 
the restriction, cannot comply with paragraph (b)(1) of this section.
    (iii) Paragraph (b)(1) of this section does not apply to commercial 
fishing vessels lawfully engaged in actively setting, retrieving or 
closely tending commercial fishing gear. For purposes of this paragraph 
(b), commercial fishing means taking or harvesting fish or fishery 
resources to sell, barter, or trade. Commercial fishing does not include 
commercial passenger fishing operations (i.e. charter operations or 
sport fishing activities).
    (iv) Paragraph (b)(1) of this section does not apply to state, 
local, or Federal government vessels operating in the course of official 
duty.
    (v) Paragraph (b)(1) of this section does not affect the rights of 
Alaska Natives under 16 U.S.C. 1539(e).
    (vi) These regulations shall not take precedence over any more 
restrictive conflicting Federal regulation pertaining to humpback 
whales, including the regulations at 36 CFR 13.65 that pertain 
specifically to the waters of Glacier Bay National Park and Preserve.
    (3) General measures. Notwithstanding the prohibitions and 
exceptions in paragraphs (b)(1) and (2) of this section, to avoid 
collisions with humpback whales, vessels must operate at a slow, safe 
speed when near a humpback whale. ``Safe speed'' has the same

[[Page 388]]

meaning as the term is defined in 33 U.S.C. 2006 and the International 
Regulations for Preventing Collisions at Sea 1972 (see 33 U.S.C. 1602), 
with respect to avoiding collisions with humpback whales.
    (c) Approaching right whales--(1) Prohibitions. Except as provided 
under paragraph (c)(3) of this section, it is unlawful for any person 
subject to the jurisdiction of the United States to commit, attempt to 
commit, to solicit another to commit, or cause to be committed any of 
the following acts:
    (i) Approach (including by interception) within 500 yards (460 m) of 
a right whale by vessel, aircraft, or any other means;
    (ii) Fail to undertake required right whale avoidance measures 
specified under paragraph (c)(2) of this section.
    (2) Right whale avoidance measures. Except as provided under 
paragraph (c)(3) of this section, the following avoidance measures must 
be taken if within 500 yards (460 m) of a right whale:
    (i) If underway, a vessel must steer a course away from the right 
whale and immediately leave the area at a slow safe speed.
    (ii) An aircraft must take a course away from the right whale and 
immediately leave the area at a constant airspeed.
    (3) Exceptions. The following exceptions apply to this section, but 
any person who claims the applicability of an exception has the burden 
of proving that the exception applies:
    (i) Paragraphs (c)(1) and (c)(2) of this section do not apply if a 
right whale approach is authorized by the National Marine Fisheries 
Service through a permit issued under part 222, subpart C, of this 
chapter (General Permit Procedures) or through a similar authorization.
    (ii) Paragraphs (c)(1) and (c)(2) of this section do not apply where 
compliance would create an imminent and serious threat to a person, 
vessel, or aircraft.
    (iii) Paragraphs (c)(1) and (c)(2) of this section do not apply when 
approaching to investigate a right whale entanglement or injury, or to 
assist in the disentanglement or rescue of a right whale, provided that 
permission is received from the National Marine Fisheries Service or 
designee prior to the approach.
    (iv) Paragraphs (c)(1) and (c)(2) of this section do not apply to an 
aircraft unless the aircraft is conducting whale watch activities.
    (v) Paragraph (c)(2) of this section does not apply to the extent 
that a vessel is restricted in her ability to maneuver and, because of 
the restriction, cannot comply with paragraph (c)(2) of this section.
    (d) Special prohibitions relating to endangered Steller sea lion 
protection. The regulatory provisions set forth in part 223 of this 
chapter, which govern threatened Steller sea lions, shall also apply to 
the western population of Steller sea lions, which consists of all 
Steller sea lions from breeding colonies located west of 144[deg] W. 
long.
    (e) Protective regulations for killer whales in Washington--(1) 
Applicability. The following restrictions apply to all motorized and 
non-motorized vessels in inland waters of the United States east of a 
line connecting Cape Flattery, Washington (48[deg]23[min]10[sec] N./
124[deg]43[min]32[sec] W.), Tatoosh Island, Washington 
(48[deg]23[min]30[sec] N./124[deg]44[min]12[sec] W.), and Bonilla Point, 
British Columbia (48[deg]35[min]30[sec] N./124[deg]43[min]00[sec] W.) 
and south of the U.S./Canada international boundary. The shoreline 
boundary is the charted mean high water line cutting across the mouths 
of all rivers and streams.
    (2) Prohibitions. Except as provided in paragraph (e)(3) of this 
section, it is unlawful for any person subject to the jurisdiction of 
the United States to:
    (i) Cause a vessel to approach, in any manner, within 200 yards 
(182.9 m) of any killer whale.
    (ii) Position a vessel to be in the path of any killer whale at any 
point located within 400 yards (365.8 m) of the whale. This includes 
intercepting a killer whale by positioning a vessel so that the 
prevailing wind or water current carries the vessel into the path of the 
whale.
    (3) Exceptions. The following exceptions apply to this section:
    (i) The prohibitions of paragraph (e)(2) of this section do not 
apply to
    (A) Federal Government vessels operating in the course of their 
official duty or state and local government vessels when engaged in 
official duties

[[Page 389]]

involving law enforcement, search and rescue, or public safety.
    (B) Vessels participating with a Vessel Traffic Service (VTS) and 
following a Traffic Separation Scheme or complying with a VTS Measure of 
Direction. This also includes support vessels escorting ships in the 
traffic lanes, such as tug boats.
    (C) Vessels engaged in an activity, such as scientific research, 
authorized through a permit issued by the National Marine Fisheries 
Service under part 222, subpart C, of this chapter (General Permit 
Procedures) or through a similar National Marine Fisheries Service 
authorization.
    (D) Vessels lawfully engaged in commercial or treaty Indian fishing 
that are actively setting, retrieving, or closely tending fishing gear.
    (E) Vessel operations necessary to avoid an imminent and serious 
threat to a person, vessel or the environment, including when necessary 
for overall safety of navigation and to comply with the Navigation 
Rules.
    (ii) [Reserved]
    (4) Affirmative defense. In connection with any action alleging a 
violation of the prohibitions of paragraph (e)(2) of this section, any 
person claiming the benefit of any exception listed in paragraph (e)(3) 
of this section has the burden of raising, pleading, and proving such 
affirmative defense.
    (b) [Reserved]

[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 29509, May 31, 2001; 69 
FR 69537, Nov. 30, 2004; 70 FR 1832, Jan. 11, 2005; 76 FR 20890, Apr. 
14, 2011]



Sec. 224.104  Special requirements for fishing activities to protect 
endangered sea turtles.

    (a) Shrimp fishermen in the southeastern United States and the Gulf 
of Mexico who comply with rules for threatened sea turtles specified in 
Sec. 223.206 of this chapter will not be subject to civil penalties 
under the Act for incidental captures of endangered sea turtles by 
shrimp trawl gear.
    (b) Summer flounder fishermen in the Summer flounder fishery-sea 
turtle protection area who comply with rules for threatened sea turtles 
specified in Sec. 223.206 of this chapter will not be subject to civil 
penalties under the Act for incidental captures of endangered sea 
turtles by summer flounder gear.
    (c) Special prohibitions relating to sea turtles are provided at 
Sec. 223.206(d).

[64 FR 14066, Mar. 23, 1999, as amended at 66 FR 44552, Aug. 24, 2001; 
66 FR 67496, Dec. 31, 2001; 68 FR 8471, Feb. 21, 2003; 69 FR 18453, Apr. 
7, 2004; 72 FR 31757, June 8, 2007]



Sec. 224.105  Speed restrictions to protect North Atlantic Right Whales.

    (a) The following restrictions apply to: All vessels greater than or 
equal to 65 ft (19.8 m) in overall length and subject to the 
jurisdiction of the United States, and all other vessels greater than or 
equal to 65 ft (19.8 m) in overall length entering or departing a port 
or place subject to the jurisdiction of the United States. These 
restrictions shall not apply to U.S. vessels owned or operated by, or 
under contract to, the Federal Government. This exemption extends to 
foreign sovereign vessels when they are engaging in joint exercises with 
the U.S. Department of the Navy. In addition, these restrictions do not 
apply to law enforcement vessels of a State, or political subdivision 
thereof, when engaged in law enforcement or search and rescue duties.
    (1) Southeast U.S. (south of St. Augustine, FL to north of 
Brunswick, GA): Vessels shall travel at a speed of 10 knots or less over 
ground during the period of November 15 to April 15 each year in the 
area bounded by the following: Beginning at 31[deg]27[min]00.0[sec] N-
080[deg]51[min]36.0[sec] W; thence west to charted mean high water line 
then south along charted mean high water line and inshore limits of 
COLREGS limit to a latitude of 29[deg]45[min]00.0[sec] N thence east to 
29[deg]45[min]00.0[sec] N-080[deg]51[min]36.0[sec] W; thence back to 
starting point. (Fig. 1).
    (2) Mid-Atlantic U.S. (from north of Brunswick, Georgia to Rhode 
Island): Vessels shall travel 10 knots or less over ground in the period 
November 1 to April 30 each year:
    (i) In the area bounded by the following: 33[deg]56[min]42.0[sec] N-
077[deg]31[min]30.0[sec] W; thence along a NW bearing of 313.26[deg] 
True to charted mean high water line then south along mean high water 
line and inshore limits of COLREGS limit to a latitude of 
31[deg]27[min]00.0[sec] N; thence east to 31[deg]27[min]00.0[sec] N-
080[deg]51[min]36.0[sec] W; thence to 31[deg]50[min]00.0[sec] N-
080[deg]33[min]12.0[sec] W;

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thence to 32[deg]59[min]06.0[sec] N-078[deg]50[min]18.0[sec] W; thence 
to 33[deg]28[min]24.0[sec] N-078[deg]32[min]30.0[sec] W; thence to 
33[deg]36[min]30.0[sec] N-077[deg]47[min]06.0[sec] W; thence back to 
starting point.;
    (ii) Within a 20-nm (37 km) radius (as measured seaward from COLREGS 
delineated coast lines and the center point of the port entrance) (Fig. 
2) at the
    (A) Ports of New York/New Jersey: 40[deg]29[min]42.2[sec] N-
073[deg]55[min]57.6[sec] W;
    (B) Delaware Bay (Ports of Philadelphia and Wilmington): 
38[deg]52[min]27.4[sec] N-075[deg]01[min]32.1[sec] W;
    (C) Entrance to the Chesapeake Bay (Ports of Hampton Roads and 
Baltimore): 37[deg]00[min]36.9[sec] N-075[deg]57[min]50.5[sec] W; and
    (D) Ports of Morehead City and Beaufort, NC: 34[deg]41[min]32.0[sec] 
N-076[deg]40[min]08.3[sec] W; and
    (iii) In Block Island Sound, in the area bounded by the following 
coordinates: Beginning at 40[deg]51[min]53.7[sec] N-
70[deg]36[min]44.9[sec] W; thence to 41[deg]20[min]14.1[sec] N-
70[deg]49[min]44.1[sec] W; thence to 41[deg]04[min]16.7[sec] N-
71[deg]51[min]21.0[sec] W; thence to 40[deg]35[min]56.5[sec] N-
71[deg]38[min]25.1[sec] W; thence back to starting point. (Fig. 2).
    (3) Northeast U.S. (north of Rhode Island):
    (i) In Cape Cod Bay, MA: Vessels shall travel at a speed of 10 knots 
or less over ground during the period of January 1 to May 15 in Cape Cod 
Bay, in an area beginning at 42[deg]04[min]56.5[sec] N-
070[deg]12[min]00.0[sec] W; thence north to 42[deg]12[min]00.0[sec] N-
070[deg]12[min]00.0[sec] W; thence due west to charted mean high water 
line; thence along charted mean high water within Cape Cod Bay back to 
beginning point. (Fig. 3).
    (ii) Off Race Point: Vessels shall travel at a speed of 10 knots or 
less over ground during the period of March 1 to April 30 each year in 
waters bounded by straight lines connecting the following points in the 
order stated (Fig. 3): 42[deg]30[min]00.0[sec] N-
069[deg]45[min]00.0[sec] W; thence to 42[deg]30[min]00.0[sec] N-
070[deg]30[min]00.0[sec] W; thence to 42[deg]12[min]00.0[sec] N-
070[deg]30[min]00.0[sec] W; thence to 42[deg]12[min]00.0[sec] N-
070[deg]12[min]00.0[sec] W; thence to 42[deg]04[min]56.5[sec] N-
070[deg]12[min]00.0[sec] W; thence along charted mean high water line 
and inshore limits of COLREGS limit to a latitude of 
41[deg]40[min]00.0[sec] N; thence due east to 41[deg]41[min]00.0[sec] N-
069[deg]45[min]00.0[sec] W; thence back to starting point.
    (iii) Great South Channel: Vessels shall travel at a speed of 10 
knots or less over ground during the period of April 1 to July 31 each 
year in all waters bounded by straight lines connecting the following 
points in the order stated (Fig. 3):

42[deg]30[min]00.0[sec] N-069[deg]45[min]00.0[sec] W
41[deg]40[min]00.0[sec] N-069[deg]45[min]00.0[sec] W
41[deg]00[min]00.0[sec] N-069[deg]05[min]00.0[sec] W
42[deg]09[min]00.0[sec] N-067[deg]08[min]24.0[sec] W
42[deg]30[min]00.0[sec] N-067[deg]27[min]00.0[sec] W
42[deg]30[min]00.0[sec] N-069[deg]45[min]00.0[sec] W

    (b) Except as noted in paragraph (c) of this section, it is unlawful 
under this section:
    (1) For any vessel subject to the jurisdiction of the United States 
to violate any speed restriction established in paragraph (a) of this 
section; or
    (2) For any vessel entering or departing a port or place under the 
jurisdiction of the United States to violate any speed restriction 
established in paragraph (a) of this section.
    (c) A vessel may operate at a speed necessary to maintain safe 
maneuvering speed instead of the required ten knots only if justified 
because the vessel is in an area where oceanographic, hydrographic and/
or meteorological conditions severely restrict the maneuverability of 
the vessel and the need to operate at such speed is confirmed by the 
pilot on board or, when a vessel is not carrying a pilot, the master of 
the vessel. If a deviation from the ten-knot speed limit is necessary, 
the reasons for the deviation, the speed at which the vessel is 
operated, the latitude and longitude of the area, and the time and 
duration of such deviation shall be entered into the logbook of the 
vessel. The master of the vessel shall attest to the accuracy of the 
logbook entry by signing and dating it.
    (d) This final rule expires on December 9, 2013.

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[73 FR 60187, Oct. 10, 2008]

    Effective Date Note: 73 FR 60187, Oct. 10, 2008, Sec. 224.105 was 
added, effective Dec. 9, 2008 through Dec. 9, 2013.

                           PART 225 [RESERVED]



PART 226_DESIGNATED CRITICAL HABITAT--Table of Contents



Sec.
226.101 Purpose and scope.
226.201 Critical habitat for Hawaiian monk seals.
226.202 Critical habitat for Steller sea lions.
226.203 Critical habitat for northern right whales.
226.204 Critical habitat for Sacramento winter-run chinook salmon.
226.205 Critical habitat for Snake River sockeye salmon, Snake River 
          fall chinook salmon, and Snake River spring/summer chinook 
          salmon.
226.206 Critical habitat for the Southern Resident killer whale (Orcinus 
          orca).
226.207 Critical habitat for leatherback turtle.
226.208 Critical habitat for green turtle.
226.209 Critical habitat for hawksbill turtle.
226.210 Central California Coast Coho Salmon (Oncorhynchus kisutch), 
          Southern Oregon/Northern California Coasts Coho Salmon 
          (Oncorhynchus kisutch).
226.211 Critical habitat for Seven Evolutionarily Significant Units 
          (ESUs) of Salmon (Oncorhynchus spp.) in California.
226.212 Critical habitat for 12 Evolutionarily Significant Units (ESUs) 
          of salmon and steelhead (Oncorhynchus spp.) in Washington, 
          Oregon and Idaho.
226.213 Critical habitat for Johnson's seagrass.
226.214 Critical habitat for Gulf sturgeon.
226.215 Critical habitat for the North Pacific Right Whale (Eubalaena 
          japonica).

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226.216 Critical habitat for elkhorn (Acropora palmata) and staghorn (A. 
          cervicornis) corals.
226.217 Critical habitat for the Gulf of Maine Distinct Population 
          Segment of Atlantic Salmon (Salmo salar).
226.218 Critical habitat for the U.S. DPS of smalltooth sawfish (Pristis 
          pectinata).
226.219 Critical habitat for the Southern Distinct Population Segment of 
          North American Green Sturgeon (Acipenser medirostris).
226.220 Critical habitat for the Cook Inlet beluga whale (Delphinapterus 
          leucas).

Table 1 to Part 226--Major Steller Sea Lion Rookery Sites
Table 2 to Part 226--Major Steller Sea Lion Haulout Sites in Alaska
Table 3 to Part 226--Hydrologic Units Containing Critical Habitat for 
          Snake River Sockeye Salmon and Snake River Spring/Summer and 
          Fall Chinook Salmon
Table 4 to Part 226 [Reserved]
Table 5 to Part 226--Hydrologic Units and Counties Containing Critical 
          Habitat for Central California Coast Coho Salmon, Tribal Lands 
          Within the Range of the ESU, and Dams/Reservoirs Representing 
          the Upstream Extent of Critical Habitat
Table 6 to Part 226--Hydrologic Units and Counties Containing Critical 
          Habitat for Southern Oregon/Northern California Coasts Coho 
          Salmon, Tribal Lands Within the Range of the ESU, and Dams/
          Reservoirs Representing the Upstream Extent of Critical 
          Habitat

    Authority: 16 U.S.C. 1533.



Sec. 226.101  Purpose and scope.

    The regulations contained in this part identify those habitats 
designated by the Secretary of Commerce as critical under section 4 of 
the Act, for endangered and threatened species under the jurisdiction of 
the Secretary of Commerce. Those species are enumerated at Sec. 223.102 
of this chapter, if threatened and at Sec. 224.101 of this chapter, if 
endangered. For regulations pertaining to the designation of critical 
habitat, see part 424 of this title, and for regulations pertaining to 
prohibitions against the adverse modification or destruction of critical 
habitat, see part 402 of this title. Maps and charts identifying 
designated critical habitat that are not provided in this section may be 
obtained upon request to the Office of Protected Resources (see Sec. 
222.102, definition of ``Office of Protected Resources'').

[64 FR 14067, Mar. 23, 1999]



Sec. 226.201  Critical habitat for Hawaiian monk seals.

                           Hawaiian Monk Seal

                        (Monachus schauinslandi)

    All beach areas, sand spits and islets, including all beach crest 
vegetation to its deepest extent inland, lagoon waters, inner reef 
waters, and ocean waters out to a depth of 20 fathoms around the 
following:

Kure Atoll (28[deg]24[min] N, 178[deg]20[min] W)
Midway Islands, except Sand Island and its harbor (28[deg]14[min] N, 
177[deg]22[min] W)
Pearl and Hermes Reef (27[deg]55[min] N, 175[deg] W)
Lisianski Island (26[deg]46[min] N, 173[deg]58[min] W)
Laysan Island (25[deg]46[min] N, 171[deg]44[min] W)
Maro Reef (25[deg]25[min] N, 170[deg]35[min] W)
Gardner Pinnacles (25[deg]00[min] N, 168[deg]00[min] W)
French Frigate Shoals (23[deg]45[min] N, 166[deg]00[min] W)
Necker Island (23[deg]34[min] N, 164[deg]42[min] W)
Nihoa Island (23[deg]03.5[min] N, 161[deg]55.5[min] W).

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[53 FR 18990, May 26, 1988. Redesignated at 64 FR 14067, Mar. 23, 1999]

[[Page 403]]



Sec. 226.202  Critical habitat for Stellar sea lions.

                  Steller Sea Lion (Eumetopias jubatus)

    (a) Alaska rookeries, haulouts, and associated areas. In Alaska, all 
major Steller sea lion rookeries identified in Table 1 and major 
haulouts identified in Table 2 and associated terrestrial, air, and 
aquatic zones. Critical habitat includes a terrestrial zone that extends 
3,000 feet (0.9 km) landward from the baseline or base point of each 
major rookery and major haulout in Alaska. Critical habitat includes an 
air zone that extends 3,000 feet (0.9 km) above the terrestrial zone of 
each major rookery and major haulout in Alaska, measured vertically from 
sea level. Critical habitat includes an aquatic zone that extends 3,000 
feet (0.9 km) seaward in State and Federally managed waters from the 
baseline or basepoint of each major rookery and major haulout in Alaska 
that is east of 144[deg] W. longitude. Critical habitat includes an 
aquatic zone that extends 20 nm (37 km) seaward in State and Federally 
managed waters from the baseline or basepoint of each major rookery and 
major haulout in Alaska that is west of 144[deg] W. longitude.
    (b) California and Oregon rookeries and associated areas. In 
California and Oregon, all major Steller sea lion rookeries identified 
in Table 1 and associated air and aquatic zones. Critical habitat 
includes an air zone that extends 3,000 feet (0.9 km) above areas 
historically occupied by sea lions at each major rookery in California 
and Oregon, measured vertically from sea level. Critical habitat 
includes an aquatic zone that extends 3,000 feet (0.9 km) seaward in 
State and Federally managed waters from the baseline or basepoint of 
each major rookery in California and Oregon.
    (c) Three special aquatic foraging areas in Alaska. Three special 
aquatic foraging areas in Alaska, including the Shelikof Strait area, 
the Bogoslof area, and the Seguam Pass area.
    (1) Critical habitat includes the Shelikof Strait area in the Gulf 
of Alaska and consists of the area between the Alaska Peninsula and 
Tugidak, Sitkinak, Aiaktilik, Kodiak, Raspberry, Afognak and Shuyak 
Islands (connected by the shortest lines); bounded on the west by a line 
connecting Cape Kumlik (56[deg]38[sec]/157[deg]27[min]W) and the 
southwestern tip of Tugidak Island (56[deg]24[min]N/154[deg]41[min]W) 
and bounded in the east by a line connecting Cape Douglas 
(58[deg]51[min]N/153[deg]15[min]W) and the northernmost tip of Shuyak 
Island (58[deg]37[min]N/152[deg]22[min]W).
    (2) Critical habitat includes the Bogoslof area in the Bering Sea 
shelf and consists of the area between 170[deg]00[min]W and 
164[deg]00[min]W, south of straight lines connecting 55[deg]00[min]N/
170[deg]00[min]W and 55[deg]00[min]N/168[deg]00[min]W; 55[deg]30[min]N/
168[deg]00[min]W and 55[deg]30[min]N/166[deg]00[min]W; 56[deg]00[min]N/
166[deg]00[min]W and 56[deg]00[min]N/164[deg]00[min]W and north of the 
Aleutian Islands and straight lines between the islands connecting the 
following coordinates in the order listed:
52[deg]49.2[min]N/169[deg]40.4[min]W
52[deg]49.8[min]N/169[deg]06.3[min]W
53[deg]23.8[min]N/167[deg]50.1[min]W
53[deg]18.7[min]N/167[deg]51.4[min]W
53[deg]59.0[min]N/166[deg]17.2[min]W
54[deg]02.9[min]N/166[deg]03.0[min]W
54[deg]07.7[min]N/165[deg]40.6[min]W
54[deg]08.9[min]N/165[deg]38.8[min]W
54[deg]11.9[min]N/165[deg]23.3[min]W
54[deg]23.9[min]N/164[deg]44.0[min]W

    (3) Critical habitat includes the Seguam Pass area and consists of 
the area between 52[deg]00[min]N and 53[deg]00[min]N and between 
173[deg]30[min]W and 172[deg]30[min]W.

[58 FR 45278, Aug. 27, 1993. Redesignated and amended at 64 FR 14067, 
Mar. 23, 1999]



Sec. 226.203  Critical habitat for northern right whales.

    (a) Great South Channel. The area bounded by 41[deg]40[min] N/
69[deg]45[min] W; 41[deg]00[min] N/69[deg]05[min] W; 41[deg]38[min] N/
68[deg]13[min] W; and 42[deg]10[min] N/68[deg]31[min] W.
    (b) Cape Cod Bay, Massachusetts. The area bounded by 
42[deg]04.8[min] N/70[deg]10[min] W; 42[deg]12[min] N/70[deg]15[min] W; 
42[deg]12[min] N/70[deg]30[min] W; 41[deg]46.8[min] N/70[deg]30[min] W 
and on the south and east by the interior shore line of Cape Cod, 
Massachusetts.
    (c) Southeastern United States. The coastal waters between 
31[deg]15[min] N and 30[deg]15[min] N from the coast out 15 nautical 
miles; and the coastal waters between 30[deg]15[min] N and 
28[deg]00[min] N from the coast out 5 nautical miles (Figure 8 to part 
226).

[59 FR 28805, June 3, 1994. Redesignated and amended at 64 FR 14067, 
Mar. 23, 1999; 68 FR 17562, Apr. 10, 2003; 70 FR 1832, Jan. 11, 2005; 71 
FR 38293, July 6, 2006; 73 FR 19011, Apr. 8, 2008]

[[Page 404]]



Sec. 226.204  Critical habitat for Sacramento winter-run chinook salmon.

    The following waterways, bottom and water of the waterways and 
adjacent riparian zones: The Sacramento River from Keswick Dam, Shasta 
County (River Mile 302) to Chipps Island (River Mile 0) at the westward 
margin of the Sacramento-San Joaquin Delta, all waters from Chipps 
Island westward to Carquinez Bridge, including Honker Bay, Grizzly Bay, 
Suisun Bay, and Carquinez Strait, all waters of San Pablo Bay westward 
of the Carquinez Bridge, and all waters of San Francisco Bay (north of 
the San Francisco/Oakland Bay Bridge) from San Pablo Bay to the Golden 
Gate Bridge.

[58 FR 33218, June 16, 1993. Redesignated and amended at 64 FR 14067. 
Mar. 23, 1999]



Sec. 226.205  Critical habitat for Snake River sockeye salmon, Snake 
River fall chinook salmon, and Snake River spring/summer chinook salmon.

    The following areas consisting of the water, waterway bottom, and 
adjacent riparian zone of specified lakes and river reaches in 
hydrologic units presently or historically accessible to listed Snake 
River salmon (except reaches above impassable natural falls, and 
Dworshak and Hells Canyon Dams). Adjacent riparian zones are defined as 
those areas within a horizontal distance of 300 feet (91.4 m) from the 
normal line of high water of a stream channel (600 feet or 182.8 m, when 
both sides of the stream channel are included) or from the shoreline of 
a standing body of water. The complete text delineating critical habitat 
for each species follows. Hydrologic units (table 3) are those defined 
by the Department of the Interior (DOI), U.S. Geological Survey (USGS) 
publication, ``Hydrologic Unit Maps, United States Geological Survey 
Water Supply Paper 2294, 1987'', and the following DOI, USGS, 1:500,000 
scale hydrologic unit map: State of Oregon, 1974; State of Washington, 
1974; State of Idaho, 1974, which are incorporated by reference. This 
incorporation by reference was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of 
the USGS publication and maps may be obtained from the USGS, Map Sales, 
Box 25286, Denver, CO 80225. Copies may be inspected at NMFS, Endangered 
Species Branch, Environmental and Technical Services Division, 911 NE. 
11th Avenue, room 620, Portland, OR 97232, NMFS, Office of Protected 
Resources, 1335 East-West Highway, Silver Spring, MD 20910, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (a) Snake River Sockeye Salmon (Oncorhynchus nerka). The Columbia 
River from a straight line connecting the west end of the Clatsop jetty 
(south jetty, Oregon side) and the west end of the Peacock jetty (north 
jetty, Washington side) and including all Columbia River estuarine areas 
and river reaches upstream to the confluence of the Columbia and Snake 
Rivers; all Snake River reaches from the confluence of the Columbia 
River upstream to the confluence of the Salmon River; all Salmon River 
reaches from the confluence of the Snake River upstream to Alturas Lake 
Creek; Stanley, Redfish, Yellow Belly, Pettit, and Alturas Lakes 
(including their inlet and outlet creeks); Alturas Lake Creek, and that 
portion of Valley Creek between Stanley Lake Creek and the Salmon River. 
Critical habitat is comprised of all river lakes and reaches presently 
or historically accessible (except reaches above impassable natural 
falls, and Dworshak and Hells Canyon Dams) to Snake River sockeye salmon 
in the following hydrologic units: Lower Salmon, Lower Snake, Lower 
Snake-Asotin, Lower Snake-Tucannon, Middle Salmon-Chamberlain, Middle 
Salmon-Panther, and Upper Salmon. Critical habitat borders on or passes 
through the following counties in Oregon: Clatsop, Columbia, Gillium, 
Hood River, Morrow, Multnomah, Sherman, Umatilla, Wallowa, Wasco; the 
following counties in Washington: Asotin, Benton, Clark, Columbia, 
Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, 
Walla, Whitman; and the following counties in Idaho: Blaine,

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Custer, Idaho, Lemhi, Lewis, Nez Perce.
    (b) Snake River Spring/Summer Chinook Salmon (Oncorhynchus 
tshawytscha). Geographic Boundaries. Critical habitat is designated to 
include the Columbia River from a straight line connecting the west end 
of the Clatsop jetty (south jetty, Oregon side) and the west end of the 
Peacock jetty (north jetty, Washington side) and including all Columbia 
River estuarine areas and river reaches proceeding upstream to the 
confluence of the Columbia and Snake Rivers; all Snake River reaches 
from the confluence of the Columbia River upstream to Hells Canyon Dam. 
Critical habitat also includes river reaches presently or historically 
accessible (except reaches above impassable natural falls (including 
Napias Creek Falls) and Dworshak and Hells Canyon Dams) to Snake River 
spring/summer chinook salmon in the following hydrologic units: Hells 
Canyon, Imnaha, Lemhi, Little Salmon, Lower Grande Ronde, Lower Middle 
Fork Salmon, Lower Salmon, Lower Snake-Asotin, Lower Snake-Tucannon, 
Middle Salmon-Chamberlain, Middle Salmon-Panther, Pahsimeroi, South Fork 
Salmon, Upper Middle Fork Salmon, Upper Grande Ronde, Upper Salmon, 
Wallowa. Critical habitat borders on or passes through the following 
counties in Oregon: Baker, Clatsop, Columbia, Gillium, Hood River, 
Morrow, Multnomah, Sherman, Umatilla, Union, Wallowa, Wasco; the 
following counties in Washington: Asotin, Benton, Clark, Columbia, 
Cowlitz, Franklin, Garfield, Klickitat, Pacific, Skamania, Wahkiakum, 
Walla, Whitman; and the following counties in Idaho: Adams, Blaine, 
Custer, Idaho, Lemhi, Lewis, Nez Perce, Valley.
    (c) Snake River Fall Chinook Salmon (Oncorhynchus tshawytscha). The 
Columbia River from a straight line connecting the west end of the 
Clatsop jetty (south jetty, Oregon side) and the west end of the Peacock 
jetty (north jetty, Washington side) and including all Columbia River 
estuarine areas and river reaches proceeding upstream to the confluence 
of the Columbia and Snake Rivers; the Snake River, all river reaches 
from the confluence of the Columbia River, upstream to Hells Canyon Dam; 
the Palouse River from its confluence with the Snake River upstream to 
Palouse Falls; the Clearwater River from its confluence with the Snake 
River upstream to its confluence with Lolo Creek; the North Fork 
Clearwater River from its confluence with the Clearwater River upstream 
to Dworshak Dam. Critical habitat also includes river reaches presently 
or historically accessible (except reaches above impassable natural 
falls, and Dworshak and Hells Canyon Dams) to Snake River fall chinook 
salmon in the following hydrologic units; Clearwater, Hells Canyon, 
Imnaha, Lower Grande Ronde, Lower North Fork Clearwater, Lower Salmon, 
Lower Snake, Lower Snake-Asotin, Lower Snake-Tucannon, and Palouse. 
Critical habitat borders on or passes through the following counties in 
Oregon: Baker, Clatsop, Columbia, Gillium, Hood River, Morrow, 
Multnomah, Sherman, Umatilla, Wallowa, Wasco; the following counties in 
Washington: Adams, Asotin, Benton, Clark, Columbia, Cowlitz, Franklin, 
Garfield, Klickitat, Lincoln, Pacific, Skamania, Spokane, Wahkiakum, 
Walla, Whitman; and the following counties in Idaho: Adams, Benewah, 
Clearwater, Idaho, Latah, Lewis, Nez Perce, Shoshone, Valley.

[58 FR 68551, Dec. 28, 1993, as amended at 63 FR 1393, Jan. 9, 1998. 
Redesignated and amended at 64 FR 14067, Mar. 23, 1999; 64 FR 57403, 
Oct. 25, 1999; 69 FR 18803, Apr. 9, 2004]



Sec. 226.206  Critical habitat for the Southern Resident killer whale 
(Orcinus orca).

    Critical habitat is designated for the Southern Resident killer 
whale as described in this section. The textual descriptions of critical 
habitat in this section are the definitive source for determining the 
critical habitat boundaries. The overview map is provided for general 
guidance purposes only, and not as a definitive source for determining 
critical habitat boundaries.
    (a) Critical Habitat Boundaries. Critical habitat includes three 
specific marine areas of Puget Sound, Washington, within the following 
counties: Clallam, Jefferson, King, Kitsap, Island, Mason, Pierce, San 
Juan, Skagit, Snohomish,

[[Page 406]]

Thurston, and Whatcom. Critical habitat includes all waters relative to 
a contiguous shoreline delimited by the line at a depth of 20 feet (6.1 
m) relative to extreme high water in each of the following areas:
    (1) Summer Core Area: All U.S. marine waters in Whatcom and San Juan 
counties; and all marine waters in Skagit County west and north of the 
Deception Pass Bridge (Highway 20) (48[deg]24[min] 25[sec] N./
122[deg]38[min]35[sec] W.).
    (2) Puget Sound Area: All marine waters in Island County east and 
south of the Deception Pass Bridge (Highway 20) (48[deg]24[min] 25[sec] 
N./122[deg]38[min]35[sec] W.), and east of a line connecting the Point 
Wilson Lighthouse (48[deg]8[min]39[sec] N./122[deg]45[min]12[sec] W.) 
and a point on Whidbey Island located at 48[deg]12[min]30[sec] N./
122[deg]44[min]26[sec] W.; all marine waters in Skagit County east of 
the Deception Pass Bridge (Highway 20) (48[deg]24[min] 25[sec] N./
122[deg]38[min]35[sec] W.); all marine waters of Jefferson County east 
of a line connecting the Point Wilson Lighthouse (48[deg]8[min]39[sec] 
N./122[deg]45[min]12[sec] W.) and a point on Whidbey Island located at 
latitude 48[deg]12[min]30[sec] N./122[deg]44[min]26[sec] W., and north 
of the Hood Canal Bridge (Highway 104) (47[deg]51[min]36[sec] N./
122[deg]37[min]23[sec] W.); all marine waters in eastern Kitsap County 
east of the Hood Canal Bridge (Highway 104) (47[deg]51[min]36[sec] N./
122[deg]37[min]23[sec] W.); all marine waters (excluding Hood Canal) in 
Mason County; and all marine waters in King, Pierce, Snohomish, and 
Thurston counties.
    (3) Strait of Juan de Fuca Area: All U.S. marine waters in Clallam 
County east of a line connecting Cape Flattery, Washington 
(48[deg]23[min]10[sec] N./124[deg]43[min]32[sec] W.), Tatoosh Island, 
Washington (48[deg]23[min]30[sec] N./124[deg]44[min]12[sec] W.), and 
Bonilla Point, British Columbia (48[deg]35[min]30[sec] N./
124[deg]43[min]00[sec] W.); all marine waters in Jefferson and Island 
counties west of the Deception Pass Bridge (Highway 20) (48[deg]24[min] 
25[sec] N./122[deg]38[min]35[sec] W.), and west of a line connecting the 
Point Wilson Lighthouse (48[deg]8[min]39[sec] N./122[deg]45[min]12[sec] 
W.) and a point on Whidbey Island located at 48[deg]12[min]30[sec] N./
122[deg]44[min]26[sec] W.
    (b) An overview map of final critical habitat for the Southern 
Resident killer whale follows.

[[Page 407]]

[GRAPHIC] [TIFF OMITTED] TR29NO06.006

    (c) Primary Constituent Elements. The primary constituent elements 
essential for conservation of the Southern Resident killer whale are:
    (1) Water quality to support growth and development;
    (2) Prey species of sufficient quantity, quality, and availability 
to support individual growth, reproduction, and development, as well as 
overall population growth; and

[[Page 408]]

    (3) Passage conditions to allow for migration, resting, and 
foraging.
    (d) Sites owned or controlled by the Department of Defense. Critical 
habitat does not include the following areas owned or controlled by the 
Department of Defense, or designated for its use, in the State of 
Washington, including shoreline, nearshore areas around structures such 
as docks and piers, and marine areas:
    (1) Naval Undersea Warfare Center, Keyport;
    (2) Naval Ordnance Center, Port Hadlock (Indian Island);
    (3) Naval Fuel Depot, Manchester;
    (4) Naval Air Station, Whidbey Island;
    (5) Naval Station, Everett;
    (6) Naval Hospital Bremerton;
    (7) Fort Lewis (Army);
    (8) Pier 23 (Army);
    (9) Puget Sound Naval Ship Yard;
    (10) Strait of Juan de Fuca naval air-to-surface weapon range, 
restricted area;
    (11) Strait of Juan de Fuca and Whidbey Island naval restricted 
areas;
    (12) Admiralty Inlet naval restricted area;
    (13) Port Gardner Naval Base restricted area;
    (14) Port Orchard Passage naval restricted area;
    (15) Sinclair Inlet naval restricted area;
    (16) Carr Inlet naval restricted area;
    (17) Port Townsend/Indian Island/Walan Point naval restricted area; 
and
    (18) Crescent Harbor Explosive Ordnance Units Training Area.

[71 FR 69068, Nov. 29, 2006]



Sec. 226.207  Critical habitat for leatherback turtle.

              Leatherback Sea Turtle (dermochelys coriacea)

    The waters adjacent to Sandy Point, St. Croix, U.S. Virgin Islands, 
up to and inclusive of the waters from the hundred fathom curve 
shoreward to the level of mean high tide with boundaries at 
17[deg]42[min]12[sec] North and 64[deg]50[min]00[sec] West.

[44 FR 17711, Mar. 23, 1979. Redesignated and amended at 64 FR 14067, 
Mar. 23, 1999]



Sec. 226.208  Critical habitat for green turtle.

    (a) Culebra Island, Puerto Rico--Waters surrounding the island of 
Culebra from the mean high water line seaward to 3 nautical miles (5.6 
km). These waters include Culebra's outlying Keys including Cayo Norte, 
Cayo Ballena, Cayos Geniqu[iacute], Isla Culebrita, Arrecife Culebrita, 
Cayo de Luis Pe[ntilde]a, Las Hermanas, El Mono, Cayo Lobo, Cayo Lobito, 
Cayo Botijuela, Alcarraza, Los Gemelos, and Piedra Steven.
    (b) [Reserved]

[63 FR 46701, Sept. 2, 1998. Redesignated and amended at 64 FR 14067, 
Mar. 23, 1999]



Sec. 226.209  Critical habitat for hawksbill turtle.

    (a) Mona and Monito Islands, Puerto Rico--Waters surrounding the 
islands of Mona and Monito, from the mean high water line seaward to 3 
nautical miles (5.6 km).
    (b) [Reserved]

[63 FR 46701, Sept. 2, 1998. Redesignated and amended at 64 FR 14067, 
Mar. 23, 1999]



Sec. 226.210  Central California Coast Coho Salmon (Oncorhynchus kisutch),
Southern Oregon/Northern California Coasts Coho Salmon (Oncorhynchus kisutch).

    Critical habitat is designated to include all river reaches 
accessible to listed coho within the range of the ESUs listed, except 
for reaches on Indian lands defined in Tables 5 and 6 to this part. 
Critical habitat consists of the water, substrate, and adjacent riparian 
zone of estuarine and riverine reaches in hydrologic units and counties 
identified in Tables 5 and 6 to this part for all of the coho ESUs 
listed in this section. Accessible reaches are those within the 
historical range of the ESUs that can still be occupied by any life 
stage of coho salmon. Inaccessible reaches are those above longstanding, 
naturally impassable barriers (i.e., natural waterfalls in existence for 
at least several hundred years) and specific dams within the historical 
range of each ESU identified in Tables 5 and 6 to this part. Hydrologic 
units are those defined by the Department of the Interior (DOI), U.S. 
Geological Survey (USGS) publication, ``Hydrologic Unit Maps,'' Water 
Supply Paper 2294, 1987,

[[Page 409]]

and the following DOI, USGS, 1:500,000 scale hydrologic unit maps: State 
of Oregon, 1974 and State of California, 1978 which are incorporated by 
reference. This incorporation by reference was approved by the Director 
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. Copies of the USGS publication and maps may be obtained from 
the USGS, Map Sales, Box 25286, Denver, CO 80225. Copies may be 
inspected at NMFS, Protected Resources Division, 525 NE Oregon Street--
Suite 500, Portland, OR 97232-2737, or NMFS, Office of Protected 
Resources, 1315 East-West Highway, Silver Spring, MD 20910, or at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, call 202-741-6030, or go to: 
http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr--locations.html.
    (a) Central California Coast Coho Salmon (Oncorhynchus kisutch). 
Critical habitat is designated to include all river reaches accessible 
to listed coho salmon from Punta Gorda in northern California south to 
the San Lorenzo River in central California, including Arroyo Corte 
Madera Del Presidio and Corte Madera Creek, tributaries to San Francisco 
Bay. Critical habitat consists of the water, substrate, and adjacent 
riparian zone of estuarine and riverine reaches (including off-channel 
habitats) in hydrologic units and counties identified in Table 5 of this 
part. Accessible reaches are those within the historical range of the 
ESU that can still be occupied by any life stage of coho salmon. 
Inaccessible reaches are those above specific dams identified in Table 5 
of this part or above longstanding, naturally impassable barriers (i.e., 
natural waterfalls in existence for at least several hundred years).
    (b) Southern Oregon/Northern California Coasts Coho Salmon 
(Oncorhynchus kisutch). Critical habitat is designated to include all 
river reaches accessible to listed coho salmon between Cape Blanco, 
Oregon, and Punta Gorda, California. Critical habitat consists of the 
water, substrate, and adjacent riparian zone of estuarine and riverine 
reaches (including off-channel habitats) in hydrologic units and 
counties identified in Table 6 of this part. Accessible reaches are 
those within the historical range of the ESU that can still be occupied 
by any life stage of coho salmon. Inaccessible reaches are those above 
specific dams identified in Table 6 of this part or above longstanding, 
naturally impassable barriers (i.e., natural waterfalls in existence for 
at least several hundred years).

[64 FR 24061, May 5, 1999, as amended at 69 FR 18803, Apr. 9, 2004]



Sec. 226.211  Critical habitat for Seven Evolutionarily Significant Units
(ESUs) of Salmon (Oncorhynchus spp.) in California.

    Critical habitat is designated in the following California counties 
for the following ESUs as described in paragraph (a) of this section, 
and as further described in paragraphs (b) through (e) of this section. 
The textual descriptions of critical habitat for each ESU are included 
in paragraphs (f) through (l) of this section, and these descriptions 
are the definitive source for determining the critical habitat 
boundaries. General location maps are provided at the end of each ESU 
description (paragraphs (f) through (l) of this section) and are 
provided for general guidance purposes only, and not as a definitive 
source for determining critical habitat boundaries.
    (a) Critical habitat is designated for the following ESUs in the 
following California counties:

------------------------------------------------------------------------
                  ESU                            State--counties
------------------------------------------------------------------------
(1) California Coastal Chinook.........  CA--Humboldt, Trinity,
                                          Mendocino, Sonoma, Lake, Napa,
                                          Glenn, Colusa, and Tehama.
(2) Northern California Steelhead......  CA--Humboldt, Trinity,
                                          Mendocino, Sonoma, Lake,
                                          Glenn, Colusa, and Tehama.
(3) Central California Coast Steelhead.  CA--Lake, Mendocino, Sonoma,
                                          Napa, Marin, San Francisco,
                                          San Mateo, Santa Clara, Santa
                                          Cruz, Alameda, Contra Costa,
                                          and San Joaquin.
(4) South-Central Coast Steelhead......  CA--Monterey, San Benito, Santa
                                          Clara, Santa Cruz, San Luis
                                          Obispo.

[[Page 410]]

 
(5) Southern California Steelhead......  CA--San Luis Obispo, Santa
                                          Barbara, Ventura, Los Angeles,
                                          Orange and San Diego.
(6) Central Valley spring-run Chinook..  CA--Tehama, Butte, Glenn,
                                          Shasta, Yolo, Sacramento,
                                          Solano, Colusa, Yuba, Sutter,
                                          Trinity, Alameda, San Joaquin,
                                          and Contra Costa.
(7) Central Valley Steelhead...........  CA--Tehama, Butte, Glenn,
                                          Shasta, Yolo, Sacramento,
                                          Solona, Yuba, Sutter, Placer,
                                          Calaveras, San Joaquin,
                                          Stanislaus, Tuolumne, Merced,
                                          Alameda, Contra Costa.
------------------------------------------------------------------------

    (b) Critical habitat boundaries. Critical habitat includes the 
stream channels within the designated stream reaches, and includes a 
lateral extent as defined by the ordinary high-water line (33 CFR 
329.11). In areas where the ordinary high-water line has not been 
defined, the lateral extent will be defined by the bankfull elevation. 
Bankfull elevation is the level at which water begins to leave the 
channel and move into the floodplain and is reached at a discharge which 
generally has a recurrence interval of 1 to 2 years on the annual flood 
series. Critical habitat in estuaries (e.g. San Francisco-San Pablo-
Suisun Bay, Humboldt Bay, and Morro Bay) is defined by the perimeter of 
the water body as displayed on standard 1:24,000 scale topographic maps 
or the elevation of extreme high water, whichever is greater.
    (c) Primary constituent elements. Within these areas, the primary 
constituent elements essential for the conservation of these ESUs are 
those sites and habitat components that support one or more life stages, 
including:
    (1) Freshwater spawning sites with water quantity and quality 
conditions and substrate supporting spawning, incubation and larval 
development;
    (2) Freshwater rearing sites with:
    (i) Water quantity and floodplain connectivity to form and maintain 
physical habitat conditions and support juvenile growth and mobility;
    (ii) Water quality and forage supporting juvenile development; and
    (iii) Natural cover such as shade, submerged and overhanging large 
wood, log jams and beaver dams, aquatic vegetation, large rocks and 
boulders, side channels, and undercut banks.
    (3) Freshwater migration corridors free of obstruction and excessive 
predation with water quantity and quality conditions and natural cover 
such as submerged and overhanging large wood, aquatic vegetation, large 
rocks and boulders, side channels, and undercut banks supporting 
juvenile and adult mobility and survival.
    (4) Estuarine areas free of obstruction and excessive predation 
with:
    (i) Water quality, water quantity, and salinity conditions 
supporting juvenile and adult physiological transitions between fresh- 
and saltwater;
    (ii) Natural cover such as submerged and overhanging large wood, 
aquatic vegetation, large rocks and boulders, side channels; and
    (iii) Juvenile and adult forage, including aquatic invertebrates and 
fishes, supporting growth and maturation.
    (d) Exclusion of Indian lands. Critical habitat does not include 
occupied habitat areas on Indian lands. The Indian lands specifically 
excluded from critical habitat are those defined in the Secretarial 
Order, including:
    (1) Lands held in trust by the United States for the benefit of any 
Indian tribe;
    (2) Land held in trust by the United States for any Indian Tribe or 
individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (e) Land owned or controlled by the Department of Defense. 
Additionally, critical habitat does not include the following areas 
owned or controlled by the Department of Defense, or designated for its 
use, that are subject to an integrated natural resources management plan 
prepared under section 101 of the Sikes Act (16 U.S.C. 670a):
    (1) Camp Pendleton Marine Corps Base;
    (2) Vandenberg Air Force Base;

[[Page 411]]

    (3) Camp San Luis Obispo;
    (4) Camp Roberts; and
    (5) Mare Island Army Reserve Center.
    (f) California Coastal Chinook Salmon (Oncorhynchus tshawytscha). 
Critical habitat is designated to include the areas defined in the 
following CALWATER Hydrologic units:
    (1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Redwood Creek (Lat -41.2923, Long -124.0917) 
upstream to endpoint(s) in: Boyes Creek (41.3639, -123.9845); Bridge 
Creek (41.137, -124.0012); Brown Creek (41.3986, -124.0012); Emerald 
(Harry Weir) (41.2142, -123.9812); Godwood Creek (41.3889, -124.0312); 
Larry Dam Creek (41.3359, -124.003); Little Lost Man Creek (41.2944, -
124.0014); Lost Man Creek (41.3133, -123.9854); May Creek (41.3547, -
123.999); McArthur Creek (41.2705, -124.041); North Fork Lost Man Creek 
(41.3374, -123.9935); Prairie Creek (41.4239, -124.0367); Tom McDonald 
(41.1628, -124.0419).
    (ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek 
(Lat 41.1367, Long -123.9309) upstream to endpoint(s): Lacks Creek 
(41.0334, -123.8124); Minor Creek (40.9706, -123.7899).
    (iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood 
Creek (Lat 40.9070, Long -123.8170) upstream to endpoint(s) in: Redwood 
Creek (40.7432, -123.7206).
    (2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long -124.1380) 
upstream to endpoint(s) in: North Fork Maple Creek (41.1317, -124.0824); 
Maple Creek (41.1239, -124.1041).
    (ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little 
River (41.0277, -124.1112) upstream to endpoint(s) in: South Fork Little 
River (40.9908, -124.0412); Little River (41.0529, -123.9727); Railroad 
Creek (41.0464, -124.0475); Lower South Fork Little River (41.0077, -
124.0078); Upper South Fork Little River (41.0131, -123.9853).
    (3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long -124.0642) 
upstream to endpoint(s) in: Lindsay Creek (40.983, -124.0326); Mill 
Creek (40.9008, -124.0086); North Fork Mad River (40.8687, -123.9649); 
Squaw Creek (40.9426, -124.0202); Warren Creek (40.8901, -124.0402).
    (ii) North Fork Mad River 110920. Outlet(s) = North Fork Mad River 
(Lat 40.8687, Long -123.9649) upstream to endpoint(s) in: Sullivan Gulch 
(40.8646, -123.9553); North Fork Mad River (40.8837, -123.9436).
    (iii) Butler Valley 110930. Outlet(s) = Mad River (Lat 40.8449, Long 
-123.9807) upstream to endpoint(s) in: Black Creek (40.7547, -123.9016); 
Black Dog Creek (40.8334, -123.9805); Canon Creek (40.8362, -123.9028); 
Dry Creek (40.8218, -123.9751); Mad River (40.7007, -123.8642); Maple 
Creek (40.7928, -123.8742); Unnamed (40.8186, -123.9769).
    (4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic 
Sub-area 111000. Outlet(s) = Mad River (Lat 40.9560, Long -124.1278); 
Jacoby Creek (40.8436, -124.0834); Freshwater Creek (40.8088, -
124.1442); Elk River (40.7568, -124.1948); Salmon Creek (40.6868, -
124.2194) upstream to endpoint(s) in: Bridge Creek (40.6958, -124.0795); 
Dunlap Gulch (40.7101, -124.1155); Freshwater Creek (40.7389, -
123.9944); Gannon Slough (40.8628, -124.0818); Jacoby Creek (40.7944, -
124.0093); Little Freshwater Creek (40.7485, -124.0652); North Branch of 
the North Fork Elk River (40.6878, -124.0131); North Fork Elk River 
(40.6756, -124.0153); Ryan Creek (40.7835, -124.1198); Salmon Creek 
(40.6438, -124.1319); South Branch of the North Fork Elk River (40.6691, 
-124.0244); South Fork Elk River (40.6626, -124.061); South Fork 
Freshwater Creek (40.7097, -124.0277).
    (ii) [Reserved]
    (5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-area 
111111. Outlet(s) = Eel River (Lat 40.6282, Long -124.2838) upstream to 
endpoint(s) in: Atwell Creek (40.472, -124.1449); Howe Creek (40.4748, -
124.1827); Price Creek (40.5028, -124.2035); Strongs Creek (40.5986, -
124.1222); Van Duzen River (40.5337, -124.1262).
    (ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat 
40.4918, Long -124.0998) upstream to endpoint(s) in: Bear Creek (40.391, 
-124.0156); Chadd Creek (40.3921, -123.9542); Jordan Creek (40.4324, -
124.0428); Monument Creek (40.4676, -124.1133).

[[Page 412]]

    (iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee 
Creek (40.4090, Long -123.9334) upstream to endpoint(s) in: Carson Creek 
(40.4189, -123.8881); Larabee Creek (40.3950, -123.8138).
    (iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen 
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in: Cummings 
Creek (40.5258, -123.9896); Fielder Creek (40.5289, -124.0201); Hely 
Creek (40.5042, -123.9703); Yager Creek (40.5583, -124.0577).
    (v) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager Creek 
(Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Corner Creek 
(40.6189, -123.9994); Fish Creek (40.6392, -124.0032); Lawrence Creek 
(40.6394, -123.9935); Middle Fork Yager Creek (40.5799, -123.9015); 
North Fork Yager Creek (40.6044, -123.9084); Owl Creek (40.5557, -
123.9362); Shaw Creek (40.6245, -123.9518); Yager Creek (40.5673, -
123.9403).
    (vi) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel 
River (Lat 40.3500, Long -213.9305) upstream to endpoint(s) in: Bridge 
Creek (40.2929, -123.8569); Bull Creek (40.3148, -124.0343); Canoe Creek 
(40.2909, -123.922); Cow Creek (40.3583, -123.9626); Cuneo Creek 
(40.3377, -124.0385); Elk Creek (40.2837, -123.8365); Fish Creek 
(40.2316, -123.7915); Harper Creek (40.354, -123.9895); Mill Creek 
(40.3509, -124.0236); Salmon Creek (40.2214, -123.9059); South Fork 
Salmon River (40.1769, -123.8929); Squaw Creek (40.3401, -123.9997); 
Tostin Creek (40.1722, -123.8796).
    (vii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork Eel 
River (Lat 40.1932, Long -123.7692) upstream to endpoint(s) in: Anderson 
Creek (39.9337, -123.8933); Bear Pen Creek (39.9125, -123.8108); Bear 
Wallow Creek (39.7296, -123.7172); Bond Creek (39.7856, -123.6937); 
Butler Creek (39.7439, -123.692); China Creek (40.1035, -123.9493); 
Connick Creek (40.0911, -123.8187); Cox Creek (40.0288, -123.8542); 
Cummings Creek (39.8431, -123.5752); Dean Creek (40.1383, -123.7625); 
Dinner Creek (40.0915, -123.937); East Branch South Fork Eel River 
(39.9433, -123.6278); Elk Creek (39.7986, -123.5981); Fish Creek 
(40.0565, -123.7768); Foster Creek (39.8455, -123.6185); Grapewine Creek 
(39.7991, -123.5186); Hartsook Creek (40.012, -123.7888); Hollow Tree 
Creek (39.7316, -123.6918); Huckleberry Creek (39.7315, -123.7253); 
Indian Creek (39.9464, -123.8993); Jones Creek (39.9977, -123.8378); 
Leggett Creek (40.1374, -123.8312); Little Sproul Creel (40.0897, -
123.8585); Low Gap Creek (39.993, -123.767); McCoy Creek (39.9598, -
123.7542); Michael's Creek (39.7642, -123.7175); Miller Creek (40.1215, 
-123.916); Moody Creek (39.9531, -123.8819); Mud Creek (39.8232, -
123.6107); Piercy Creek (39.9706, -123.8189); Pollock Creek (40.0822, -
123.9184); Rattlesnake Creek (39.7974, -123.5426); Redwood Creek 
(39.7721, -123.7651); Redwood Creek (40.0974, -123.9104); Seely Creek 
(40.1494, -123.8825); Somerville Creek (40.0896, -123.8913); South Fork 
Redwood Creek (39.7663, -123.7579); Spoul Creek (40.0125, -123.8585); 
Standley Creek (39.9479, -123.8083); Tom Long Creek (40.0315, -
123.6891); Twin Rocks Creek (39.8269, -123.5543); Warden Creek (40.0625, 
-123.8546); West Fork Sproul Creek (40.0386, -123.9015); Wildcat Creek 
(39.9049, -123.7739); Wilson Creek (39.841, -123.6452); Unnamed 
Tributary (40.1136, -123.9359).
    (viii) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South 
Fork Eel River (Lat 39.7665, Long -123.6484) ) upstream to endpoint(s) 
in: Bear Creek (39.6413, -123.5797); Cahto Creek (39.6624, -123.5453); 
Dutch Charlie Creek (39.6892, -123.6818); Grub Creek (39.7777, -
123.5809); Jack of Hearts Creek (39.7244, -123.6802); Kenny Creek 
(39.6733, -123.6082); Mud Creek (39.6561, -123.592); Redwood Creek 
(39.6738, -123.6631); Rock Creek (39.6931, -123.6204); South Fork Eel 
River (39.6271, -123.5389); Streeter Creek (39.7328, -123.5542); Ten 
Mile Creek (39.6651, -123.451).
    (ix) Sequoia Hydrologic Sub-area 111141. Outlet(s) = Eel River (Lat 
40.3557, Long -123.9191); South Fork Eel River (40.3558, -123.9194) 
upstream to endpoint(s) in: Brock Creek (40.2411, -123.7248); Dobbyn 
Creek (40.2216, -123.6029); Hoover Creek (40.2312, -123.5792); Line 
Gulch (40.1655, -123.4831); North Fork Dobbyn Creek (40.2669, -
123.5467); South Fork Dobbyn Creek (40.1723, -123.5112); South Fork Eel 
River (40.35, -123.9305); Unnamed Tributary (40.3137, -123.8333); 
Unnamed Tributary (40.2715, -123.549).

[[Page 413]]

    (x) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River (Lat 
40.1736, Long -123.6043) upstream to endpoint(s) in: Bell Springs Creek 
(39.9399, -123.5144); Burger Creek (39.6943, -123.413); Chamise Creek 
(40.0563, -123.5479); Jewett Creek (40.1195, -123.6027); Kekawaka Creek 
(40.0686, -123.4087); Woodman Creek (39.7639, -123.4338).
    (xi) North Fork Eel River Hydrologic Sub-area 111150. Outlet(s) = 
North Fork Eel River (Lat 39.9567, Long -123.4375) upstream to 
endpoint(s) in: North Fork Eel River (39.9370, -123.3758).
    (xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet 
Creek (Lat 39.6263, Long -123.3453) upstream to endpoint(s) in: Baechtel 
Creek (39.3688, -123.4028); Berry Creek (39.4272, -123.2951); Bloody Run 
(39.5864, -123.3545); Broaddus Creek (39.3907, -123.4163); Davis Creek 
(39.3701, -123.3007); Dutch Henry Creek (39.5788, -123.4543); Haehl 
Creek (39.3795, -123.3393); Long Valley Creek (39.6091, -123.4577); Ryan 
Creek (39.4803, -123.3642); Upp Creek (39.4276, -123.3578); Upp Creek 
(39.4276, -123.3578); Willits Creek (39.4315, -123.3794).
    (xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel River 
(Lat 39.7138, Long -123.3531) upstream to endpoint(s) in: Cave Creek 
(39.3925, -123.2318); Long Branch Creek (39.4074, -123.1897); Rocktree 
Creek (39.4533, -123.3079); Salmon Creek (39.4461, -123.2104); Scott 
Creek (39.456, -123.2297); String Creek (39.4855, -123.2891); Tomki 
Creek (39.549, -123.3613); Wheelbarrow Creek (39.5029, -123.3287).
    (xiv) Lake Pillsbury Hydrologic Sub-area 111163. Outlet(s) = Eel 
River (Lat 39.3860, Long -123.1163) upstream to endpoint(s) in: Eel 
River (39.4078, -122.958).
    (xv) Eden Valley Hydrologic Sub-area 111171. Outlet(s) = Middle Fork 
Eel River (Lat 39.8146, Long -123.1332) upstream to endpoint(s) in: 
Middle Fork Eel River (39.8145, -123.1333).
    (xvi) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill 
Creek (Lat 39.7396, Long -123.1420); Williams Creek (39.8145, -123.1333) 
upstream to endpoint(s) in: Mill Creek (39.8456, -123.2822); Murphy 
Creek (39.8804, -123.1636); Poor Mans Creek (39.8179, -123.1833); Short 
Creek (39.8645, -123.2242); Turner Creek (39.7238, -123.2191); Williams 
Creek (39.8596, -123.1341).
    (6) Cape Mendocino Hydrologic Unit 1112--(i) Capetown Hydrologic 
Sub-area 111220. Outlet(s) = Bear River (Lat 40.4744, Long -124.3881) 
upstream to endpoint(s) in: Bear River (40.3591, -124.0536); South Fork 
Bear River (40.4271, -124.2873).
    (ii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Mattole 
River (Lat 40.2942, Long -124.3536) upstream to endpoint(s) in: Bear 
Creek (40.1262, -124.0631); Blue Slide Creek (40.1286, -123.9579); 
Bridge Creek (40.0503, -123.9885); Conklin Creek (40.3169, -124.229); 
Dry Creek (40.2389, -124.0621); East Fork Honeydew Creek (40.1633, -
124.0916); East Fork of the North Fork Mattole River (40.3489, -
124.2244); Eubanks Creek (40.0893, -123.9743); Gilham Creek (40.2162, -
124.0309); Grindstone Creek (40.1875, -124.0041); Honeydew Creek 
(40.1942, -124.1363); Mattole Canyon (40.1833, -123.9666); Mattole River 
(39.9735, -123.9548); McGinnis Creek (40.3013, -124.2146); McKee Creek 
(40.0674, -123.9608); Mill Creek (40.0169, -123.9656); North Fork 
Mattole River (40.3729, -124.2461); North Fork Bear Creek (40.1422, -
124.0945); Oil Creek (40.3008, -124.1253); Rattlesnake Creek (40.2919, -
124.1051); South Fork Bear Creek (40.0334, -124.0232); Squaw Creek 
(40.219, -124.1921); Thompson Creek (39.9969, -123.9638); Unnamed 
(40.1522, -124.0989); Upper North Fork Mattole River (40.2907, -
124.1115); Westlund Creek (40.2333, -124.0336); Woods creek (40.2235, -
124.1574); Yew Creek (40.0019, -123.9743).
    (7) Mendocino Coast Hydrologic Unit 1113--(i) Wages Creek Hydrologic 
Sub-area 111312. Outlet(s) = Wages Creek (Lat 39.6513, Long -123.7851) 
upstream to endpoint(s) in: Wages Creek (39.6393, -123.7146).
    (ii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) = Ten Mile 
River (Lat 39.5529, Long -123.7658) upstream to endpoint(s) in: Middle 
Fork Ten Mile River (39.5397, -123.5523); Little North Fork Ten Mile 
River (39.6188, -123.7258); Ten Mile River (39.5721, -123.7098); South 
Fork Ten Mile River (39.4927, -123.6067); North Fork Ten Mile River 
(39.5804, -123.5735).

[[Page 414]]

    (iii) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Noyo River 
(Lat 39.4274, Long -123.8096) upstream to endpoint(s) in: North Fork 
Noyo River (39.4541, -123.5331); Noyo River (39.431, 123.494); South 
Fork Noyo River (39.3549, -123.6136).
    (iv) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River 
(Lat 39.3030, Long -123.7957) upstream to endpoint(s) in: Big River 
(39.3095, -123.4454).
    (v) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion 
River (Lat 39.2253, Long -123.7679) upstream to endpoint(s) in: Albion 
River (39.2644, -123.6072).
    (vi) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia 
River (Lat 38.9455, Long -123.7257) upstream to endpoint(s) in: Garcia 
River (38.9160, -123.4900).
    (8) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic 
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -123.1289) 
upstream to endpoint(s) in: Austin Creek (38.5099, -123.0681); Mark West 
Creek (38.4961, -122.8489).
    (ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin 
Creek (Lat 38.5099, Long -123.0681) upstream to endpoint(s) in: Austin 
Creek (38.5326, -123.0844).
    (iii) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek 
(Lat 38.5861, Long -122.8573) upstream to endpoint(s) in: Dry Creek 
(38.7179, -123.0075).
    (iv) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian 
River (Lat 38.6132, Long -122.8321) upstream.
    (v) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River (Lat 
38.8828, Long -123.0557) upstream to endpoint(s) in: Feliz Creek 
(38.9941, -123.1779).
    (vi) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) = Russian 
River (Lat 39.2257, Long -123.2012) upstream to endpoint(s) in: Forsythe 
Creek (39.2780, -123.2608); Russian River (39.3599, -123.2326).
    (9) Maps of critical habitat for the California Coast chinook salmon 
ESU follow:

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    (g) Northern California Steelhead (O. mykiss). Critical habitat is 
designated to include the areas defined in the following CALWATER 
Hydrologic units:
    (1) Redwood Creek Hydrologic Unit 1107--(i) Orick Hydrologic Sub-
area 110710. Outlet(s) = Boat Creek (Lat 41.4059, Long -124.0675); Home 
Creek (41.4027, -124.0683); Redwood Creek (41.2923, -124.0917); Squashan 
Creek (41.3889, -124.0703) upstream to endpoint(s) in: Boat Creek 
(41.4110,

[[Page 423]]

-124.0583); Bond Creek (41.2326, -124.0262); Boyes Creek (41.3701, -
124.9891); Bridge Creek (41.1694, -123.9964); Brown Creek (41.3986, -
124.0012); Cloquet Creek (41.2466, -123.9884); Cole Creek (41.2209, -
123.9931); Copper Creek (41.1516, -123.9258); Dolason Creek (41.1969, -
123.9667); Elam Creek (41.2613, -124.0321); Emerald Creek (41.2164, -
123.9808); Forty Four Creek (41.2187, -124.0195); Gans South Creek 
(41.2678, -124.0071); Godwood Creek (41.3787, -124.0354); Hayes Creek 
(41.2890, -124.0164); Home Creek (41.3951, -124.0386); Larry Dam Creek 
(41.3441, -123.9966); Little Lost Man Creek (41.3078, -124.0084); Lost 
Man Creek (41.3187, -123.9892); May Creek (41.3521, -124.0164); McArthur 
Creek (41.2702, -124.0427); Miller Creek (41.2305, -124.0046); North 
Fork Lost Man Creek (41.3405, -123.9859); Oscar Larson Creek (41.2559, -
123.9943); Prairie Creek (41.4440, -124.0411); Skunk Cabbage Creek 
(41.3211, -124.0802); Slide Creek (41.1736, -123.9450); Squashan Creek 
(41.3739, -124.0440); Streelow Creek (41.3622, -124.0472); Tom McDonald 
Creek (41.1933, -124.0164); Unnamed Tributary (41.3619, -123.9967); 
Unnamed Tributary (41.3424, -124.0572).
    (ii) Beaver Hydrologic Sub-area 110720. Outlet(s) = Redwood Creek 
(Lat 41.1367, Long -123.9309) upstream to endpoint(s) in: Beaver Creek 
(41.0208, -123.8608); Captain Creek (40.9199, -123.7944); Cashmere Creek 
(41.0132, -123.8862); Coyote Creek (41.1251, -123.8926); Devils Creek 
(41.1224, -123.9384); Garcia Creek (41.0180, -123.8923); Garrett Creek 
(41.0904, -123.8712); Karen Court Creek (41.0368, -123.8953); Lacks 
Creek (41.0306, -123.8096); Loin Creek (40.9465, -123.8454); Lupton 
Creek (40.9058, -123.8286); Mill Creek (41.0045, -123.8525); Minor Creek 
(40.9706, -123.7899); Molasses Creek (40.9986, -123.8490); Moon Creek 
(40.9807, -123.8368); Panther Creek (41.0732, -123.9275); Pilchuck Creek 
(41.9986, -123.8710); Roaring Gulch (41.0319, -123.8674); Santa Fe Creek 
(40.9368, -123.8397); Sweathouse Creek (40.9332, -123.8131); Toss-Up 
Creek (40.9845, -123.8656); Unnamed Tributary (41.1270, -123.8967); 
Wiregrass Creek (40.9652, -123.8553).
    (iii) Lake Prairie Hydrologic Sub-area 110730. Outlet(s) = Redwood 
Creek (Lat 40.9070, Long -123.8170) upstream to endpoint(s) in: Bradford 
Creek (40.7812, -123.7215); Cut-Off Meander (40.8507, -123.7729); Emmy 
Lou Creek (40.8655, -123.7771); Gunrack Creek (40.8391, -123.7650); High 
Prairie Creek (40.8191, -123.7723); Jena Creek (40.8742, -123.8065); 
Lake Prairie Creek (40.7984, -123.7558); Lupton Creek (40.9058, -
123.8286); Minon Creek (40.8140, -123.7372); Noisy Creek (40.8613, -
123.8044); Pardee Creek (40.7779, -123.7416); Redwood Creek (40.7432, -
123.7206); Simion Creek (40.8241, -123.7560); Six Rivers Creek (40.8352, 
-123.7842); Smokehouse Creek (40.7405, -123.7278); Snowcamp Creek 
(40.7415, -123.7296); Squirrel Trail Creek (40.8692, -123.7844); Twin 
Lakes Creek (40.7369, -123.7214); Panther Creek (40.8019, -123.7094); 
Windy Creek (40.8866, -123.7956).
    (2) Trinidad Hydrologic Unit 1108--(i) Big Lagoon Hydrologic Sub-
area 110810. Outlet(s) = Maple Creek (Lat 41.1555, Long -124.1380); 
McDonald Creek (41.2521, -124.0919) upstream to endpoint(s) in: Beach 
Creek (41.0716, -124.0239); Clear Creek (41.1031, -124.0030); Diamond 
Creek (41.1571, -124.0926); Maple Creek (41.0836, -123.9790); McDonald 
Creek (41.1850, -124.0773); M-Line Creek (41.0752, -124.0787); North 
Fork Maple Creek (41.1254, -124.0539); North Fork McDonald Creek 
(41.2107, -124.0664); Pitcher Creek (41.1518, -124.0874); South Fork 
Maple Creek (41.1003, -124.1119); Tom Creek (41.1773, -124.0966); 
Unnamed Tributary (41.1004, -124.0155); Unnamed Tributary (41.0780, -
124.0676); Unnamed Tributary (41.1168, -124.0886); Unnamed Tributary 
(41.0864, -124.0899); Unnamed Tributary (41.1132, -124.0827); Unnamed 
Tributary (41.0749, -124.0889); Unnamed Tributary (41.1052, -124.0675); 
Unnamed Tributary (41.0714, -124.0611); Unnamed Tributary (41.0948, -
124.0016).
    (ii) Little River Hydrologic Sub-area 110820. Outlet(s) = Little 
River (Lat 41.0277, Long -124.1112) upstream to endpoint(s) in: Freeman 
Creek (41.0242, -124.0582); Little River (40.9999, -123.9232); Lower 
South Fork Little River (41.0077, -124.0079); Railroad Creek (41.0468, -
124.0466); South Fork Little River (40.9899, -124.0394); Unnamed 
Tributary (41.0356, -123.9958); Unnamed Tributary (41.0407, -124.0598); 
Unnamed Tributary (41.0068, -123.9830);

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Unnamed Tributary (41.0402, -124.0111); Unnamed Tributary (41.0402, -
124.0189); Unnamed Tributary (41.0303, -124.0366); Unnamed Tributary 
(41.0575, -123.9710); Unnamed Tributary (41.0068, -123.9830); Upper 
South Fork Little River (41.0146, -123.9826).
    (3) Mad River Hydrologic Unit 1109--(i) Blue Lake Hydrologic Sub-
area 110910. Outlet(s) = Mad River (Lat 40.9139, Long -124.0642); 
Strawberry Creek (40.9964, -124.1155); Widow White Creek (40.9635, -
124.1253) upstream to endpoint(s) in: Boundary Creek (40.8395, -
123.9920); Grassy Creek (40.9314, -124.0188); Hall Creek (40.9162, -
124.0141); Kelly Creek (40.8656, -124.0260); Leggit Creek (40.8808, -
124.0269); Lindsay Creek (40.9838, -124.0283); Mather Creek (40.9796, -
124.0526); Mill Creek (40.9296, -124.1037); Mill Creek (40.9162, -
124.0141); Mill Creek (40.8521, -123.9617); North Fork Mad River 
(40.8687, -123.9649); Norton Creek (40.9572, -124.1003); Palmer Creek 
(40.8633, -124.0193); Puter Creek (40.8474, -123.9966); Quarry Creek 
(40.8526, -124.0098); Squaw Creek (40.9426, -124.0202); Strawberry Creek 
(40.9761, -124.0630); Unnamed Tributary (40.9624, -124.0179); Unnamed 
Tributary (40.9549, -124.0554); Unnamed Tributary (40.9672, -124.0218); 
Warren Creek (40.8860, -124.0351); Widow White Creek (40.9522, -
124.0784).
    (ii) North Fork Mad River Hydrologic Sub-area 110920. Outlet(s) = 
North Fork Mad River (Lat 40.8687, Long -123.9649) upstream to 
endpoint(s) in: Bald Mountain Creek (40.8922, -123.9097); Canyon Creek 
(40.9598, -123.9269); Denman Creek (40.9293, -123.9429); East Fork North 
Fork (40.9702, -123.9449); Gosinta Creek (40.9169, -123.9420); Hutchery 
Creek (40.8730, -123.9503); Jackson Creek (40.9388, -123.9462); Krueger 
Creek (40.9487, -123.9571); Long Prairie Creek (40.9294, -123.8842); 
Mule Creek (40.9416, -123.9309); North Fork Mad River (40.9918, -
123.9610); Pine Creek (40.9274, -123.9096); Pollock Creek (40.9081, -
123.9071); Sullivan Gulch (40.8646, -123.9553); Tyson Creek (40.9559, -
123.9738); Unnamed Tributary (40.9645, -123.9338); Unnamed Tributary 
(40.9879, -123.9511); Unnamed Tributary (40.9906, -123.9540); Unnamed 
Tributary (40.9866, -123.9788); Unnamed Tributary (40.9927, -123.9736).
    (iii) Butler Valley Hydrologic Sub-area 110930. Outlet(s) = Mad 
River (Lat 40.8449, Long -123.9807) upstream to endpoint(s) in: Bear 
Creek (40.5468, -123.6728); Black Creek (40.7521, -123.9080); Black Dog 
Creek (40.8334, -123.9805); Blue Slide Creek (40.7333, -123.9225); 
Boulder Creek (40.7634, -123.8667); Bug Creek (40.6587, -123.7356); 
Cannon Creek (40.8535, -123.8850); Coyote Creek (40.6147, -123.6488); 
Devil Creek (40.8032, -123.9175); Dry Creek (40.8218, -123.9751); East 
Creek (40.5403, -123.5579); Maple Creek (40.7933, -123.8353); Pilot 
Creek (40.5950, -123.5888); Simpson Creek (40.8138, -123.9156); Unnamed 
Tributary (40.7306, -123.9019); Unnamed Tributary (40.7739, -123.9255); 
Unnamed Tributary (40.7744, -123.9137); Unnamed Tributary (40.8029, -
123.8716); Unnamed Tributary (40.8038, -123.8691); Unnamed Tributary 
(40.8363, -123.9025).
    (4) Eureka Plain Hydrologic Unit 1110--(i) Eureka Plain Hydrologic 
Sub-area 111000. Outlet(s) = Elk River (Lat 40.7568, Long -124.1948); 
Freshwater Creek (40.8088, -124.1442); Jacoby Creek (40.8436, -
124.0834); Mad River (40.9560, -124.1278); Rocky Gulch (40.8309, -
124.0813); Salmon Creek (40.6868, -124.2194); Washington Gulch (40.8317, 
-124.0805) upstream to endpoint(s) in: Bridge Creek (40.6958, -
124.0805); Browns Gulch (40.7038, -124.1074); Clapp Gulch (40.6967, -
124.1684); Cloney Gulch (40.7826, -124.0347); Doe Creek (40.6964, -
124.0201); Dunlap Gulch (40.7076, -124.1182); Falls Gulch (40.7655, -
124.0261); Fay Slough (40.8033, -124.0574); Freshwater Creek (40.7385, -
124.0035); Golf Course Creek (40.8406, -124.0402); Graham Gulch 
(40.7540, -124.0228); Guptil Gulch (40.7530, -124.1202); Henderson Gulch 
(40.7357, -124.1394); Jacoby Creek (40.7949, -124.0096); Lake Creek 
(40.6848, -124.0831); Line Creek (40.6578, -124.0460); Little Freshwater 
Creek (40.7371, -124.0649); Little North Fork Elk River (40.6972, -
124.0100); Little South Fork Elk River (40.6555, -124.0877); Martin 
Slough (40.7679, -124.1578); McCready Gulch (40.7824, -124.0441); 
McWinney Creek (40.6968, -124.0616); Morrison Gulch (40.8169, -
124.0430); North Branch of the North Fork Elk River (40.6879, -
124.0130); North Fork Elk River (40.6794-123.9834); Railroad Gulch

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(40.6955, -124.1545); Rocky Gulch (40.8170, -124.0613); Ryan Creek 
(40.7352, -124.0996); Salmon Creek (40.6399, -124.1128); South Branch of 
the North Fork Elk River (40.6700, -124.0251); South Fork Elk River 
(40.6437, -124.0388); South Fork Freshwater Creek (40.7110, -124.0367); 
Swain Slough (40.7524, -124.1825); Tom Gulch (40.6794, -124.1452); 
Unnamed Tributary (40.7850, -124.0561); Unnamed Tributary (40.7496, -
124.1651); Unnamed Tributary (40.7785,--124.1081); Unnamed Tributary 
(40.7667, -124.1054); Unnamed Tributary (40.7559, -124.0870); Unnamed 
Tributary (40.7952, -124.0568); Unnamed Tributary (40.7408, -124.1118); 
Unnamed Tributary (40.7186, -124.1385); Unnamed Tributary (40.7224, -
124.1038); Unnamed Tributary (40.8210, -124.0111); Unnamed Tributary 
(40.8106, -124.0083); Unnamed Tributary (40.7554, -124.1379); Unnamed 
Tributary (40.7457, -124.1138); Washington Gulch (40.8205, -124.0549).
    (ii) [Reserved]
    (5) Eel River Hydrologic Unit 1111--(i) Ferndale Hydrologic Sub-area 
111111. Outlet(s) = Eel River (Lat 40.6275, Long -124.2520) upstream to 
endpoint(s) in: Atwell Creek (40.4824, -124.1498); Dean Creek (40.4847, 
-124.1217); Horse Creek (40.5198, -124.1702); Howe Creek (40.4654, -
124.1916); Nanning Creek (40.4914, -124.0652); North Fork Strongs Creek 
(40.6077, -124.1047); Price Creek (40.5101, -124.2731); Rohner Creek 
(40.6151, -124.1408); Strongs Creek (40.5999, -124.0985); Sweet Creek 
(40.4900, -124.2007); Van Duzen River (40.5337, -124.1262).
    (ii) Scotia Hydrologic Sub-area 111112. Outlet(s) = Eel River (Lat 
40.4918, Long -124.0988) upstream to endpoint(s) in: Bear Creek 
(40.3942, -124.0262); Bridge Creek (40.4278, -123.9317); Chadd Creek 
(40.3919, -123.9540); Darnell Creek (40.4533, -123.9808); Dinner Creek 
(40.4406, -124.0855); Greenlow Creek (40.4315, -124.0231); Jordan Creek 
(40.4171, -124.0517); Kiler Creek (40.4465, -124.0952); Monument Creek 
(40.4371, -124.1165); Shively Creek (40.4454, -123.9539); South Fork 
Bear Creek (40.3856, -124.0182); Stitz Creek (40.4649, -124.0531); Twin 
Creek (40.4419, -124.0714); Unnamed Tributary (40.3933, -123.9984); 
Weber Creek (40.3767, -123.9094).
    (iii) Larabee Creek Hydrologic Sub-area 111113. Outlet(s) = Larabee 
Creek (Lat 40.4090, Long -123.9334) upstream to endpoint(s) in: Arnold 
Creek (40.4006, -123.8583); Balcom Creek (40.4030, -123.8986); Bosworth 
Creek (40.3584, -123.7089); Boulder Flat Creek (40.3530, -123.6381); 
Burr Creek (40.4250, -123.7767); Carson Creek (40.4181, -123.8879); 
Chris Creek (40.4146, -123.9235); Cooper Creek (40.3123, -123.6463); 
Dauphiny Creek (40.4049, -123.8893); Frost Creek (40.3765, -123.7357); 
Hayfield Creek (40.3350, -123.6535); Knack Creek (40.3788, -123.7385); 
Larabee Creek (40.2807, -123.6445); Martin Creek (40.3730, -123.7060); 
Maxwell Creek (40.3959, -123.8049); McMahon Creek (40.3269, -123.6363); 
Mill Creek (40.3849, -123.7440); Mountain Creek (40.2955, -123.6378); 
Scott Creek (40.4020, -123.8738); Smith Creek (40.4194, -123.8568); 
Thurman Creek (40.3506, -123.6669); Unnamed Tributary (40.3842, -
123.8062); Unnamed Tributary (40.3982, -123.7862); Unnamed Tributary 
(40.3806, -123.7564); Unnamed Tributary (40.3661, -123.7398); Unnamed 
Tributary (40.3524, -123.7330).
    (iv) Hydesville Hydrologic Sub-area 111121. Outlet(s) = Van Duzen 
River (Lat 40.5337, Long -124.1262) upstream to endpoint(s) in: 
Cuddeback Creek (40.5421, -124.0263); Cummings Creek (40.5282, -
123.9770); Fiedler Creek (40.5351, -124.0106); Hely Creek (40.5165, -
123.9531); Yager Creek (40.5583, -124.0577); Unnamed Tributary (40.5718, 
-124.0946).
    (v) Bridgeville Hydrologic Sub-area 111122. Outlet(s) = Van Duzen 
River (Lat 40.4942, Long -123.9720) upstream to endpoint(s) in: Bear 
Creek (40.3455, -123.5763); Blanket Creek (40.3635, -123.5710); Browns 
Creek (40.4958, -123.8103); Butte Creek (40.4119, -123.7047); Dairy 
Creek (40.4174, -123.5981); Fish Creek (40.4525, -123.8434); Grizzly 
Creek (40.5193, -123.8470); Little Larabee Creek (40.4708, -123.7395); 
Little Van Duzen River (40.3021, -123.5540); North Fork Van Duzen 
(40.4881, -123.6411); Panther Creek (40.3921, -123.5866); Root Creek 
(40.4490, -123.9018); Stevens Creek (40.5062, -123.9073); Thompson Creek 
(40.4222, -123.6084); Van Duzen River (40.4820, -123.6629); Unnamed 
Tributary (40.3074, -123.5834).

[[Page 426]]

    (vi) Yager Creek Hydrologic Sub-area 111123. Outlet(s) = Yager Creek 
(Lat 40.5583, Long -124.0577) upstream to endpoint(s) in: Bell Creek 
(40.6809, -123.9685); Blanten Creek (40.5839, -124.0165); Booths Run 
(40.6584, -123.9428); Corner Creek (40.6179, -124.0010); Fish Creek 
(40.6390, -124.0024); Lawrence Creek (40.6986, -123.9314); Middle Fork 
Yager Creek (40.5782, -123.9243); North Fork Yager Creek (40.6056, -
123.9080); Shaw Creek (40.6231, -123.9509); South Fork Yager Creek 
(40.5451, -123.9409); Unnamed Tributary (40.5892, -123.9663); Yager 
Creek (40.5673, -123.9403).
    (vii) Weott Hydrologic Sub-area 111131. Outlet(s) = South Fork Eel 
River (Lat 40.3500, Long -123.9305) upstream to endpoint(s) in: Albee 
Creek (40.3592, -124.0088); Bull Creek (40.3587, -123.9624); Burns Creek 
(40.3194, -124.0420); Butte Creek (40.1982, -123.8387); Canoe Creek 
(40.2669, -123.9556); Coon Creek (40.2702, -123.9013); Cow Creek 
(40.2664, -123.9838); Cuneo Creek (40.3401, -124.0494); Decker Creek 
(40.3312, -123.9501); Elk Creek (40.2609, -123.7957); Fish Creek 
(40.2459, -123.7729); Harper Creek (40.3591, -123.9930); Mill Creek 
(40.3568, -124.0333); Mowry Creek (40.2937, -123.8895); North Fork Cuneo 
Creek (40.3443, -124.0488); Ohman Creek (40.1924, -123.7648); Panther 
Creek (40.2775, -124.0289); Preacher Gulch (40.2944, -124.0047); Salmon 
Creek (40.2145, -123.8926); Slide Creek (40.3011, -124.0390); South Fork 
Salmon Creek (40.1769, -123.8929); Squaw Creek (40.3167, -123.9988); 
Unnamed Tributary (40.3065, -124.0074); Unnamed Tributary (40.2831, -
124.0359).
    (viii) Benbow Hydrologic Sub-area 111132. Outlet(s) = South Fork Eel 
River (Lat 40.1929, Long -123.7692) upstream to endpoint(s) in: Anderson 
Creek (39.9325, -123.8928); Bear Creek (39.7885, -123.7620); Bear Pen 
Creek (39.9201, -123.7986); Bear Wallow Creek (39.7270, -123.7140); Big 
Dan Creek (39.8430, -123.6992); Bond Creek (39.7778, -123.7060); Bridges 
Creek (39.9087, -123.7142); Buck Mountain Creek (40.0944, -123.7423); 
Butler Creek (39.7423, -123.6987); Cedar Creek (39.8834, -123.6216); 
China Creek (40.1035, -123.9493); Connick Creek (40.0912, -123.8154); 
Cox Creek (40.0310, -123.8398); Cruso Cabin Creek (39.9281, -123.5842); 
Durphy Creek (40.0205, -123.8271); East Branch South Fork Eel River 
(39.9359, -123.6204); Elkhorn Creek (39.9272, -123.6279); Fish Creek 
(40.0390, -123.7630); Hartsook Creek (40.0081, -123.8113); Hollow Tree 
Creek (39.7250, -123.6924); Huckleberry Creek (39.7292, -123.7275); 
Indian Creek (39.9556, -123.9172); Islam John Creek (39.8062, -
123.7363); Jones Creek (39.9958, -123.8374); Leggett Creek (40.1470, -
123.8375); Little Sproul Creek (40.0890, -123.8577); Lost Man Creek 
(39.7983, -123.7287); Low Gap Creek (39.8029, -123.6803); Low Gap Creek 
(39.9933, -123.7601); McCoy Creek (39.9572, -123.7369); Michael's Creek 
(39.7665, -123.7035); Middle Creek (39.8052, -123.7691); Milk Ranch 
Creek (40.0102, -123.7514); Mill Creek (39.8673, -123.7605); Miller 
Creek (40.1319, -123.9302); Moody Creek (39.9471, -123.8827); Mule Creek 
(39.8169, -123.7745); North Fork Cedar Creek (39.8864, -123.6363); North 
Fork McCoy Creek (39.9723, -123.7496); Piercy Creek (39.9597, -
123.8442); Pollock Creek (40.0802, -123.9341); Red Mountain Creek 
(39.9363, -123.7203); Redwood Creek (39.7723, -123.7648); Redwood Creek 
(40.0974, -123.9104); Rock Creek (39.8962, -123.7065); Sebbas Creek 
(39.9934, -123.8903); Somerville Creek (40.1006, -123.8884); South Fork 
Mule Creek (39.8174, -123.7788); South Fork Redwood Creek (39.7662, -
123.7579); Sproul Creek (40.0226, -123.8649); Squaw Creek (40.0760, -
123.7257); Standly Creek (39.9327, -123.8309); Tom Long Creek (40.0175, 
-123.6551); Waldron Creek (39.7469, -123.7465); Walter's Creek (39.7921, 
-123.7250); Warden Creek (40.0629, -123.8551); West Fork Sproul Creek 
(40.0587, -123.9170); Wildcat Creek (39.8956, -123.7820); Unnamed 
Tributary (39.9927, -123.8807).
    (ix) Laytonville Hydrologic Sub-area 111133. Outlet(s) = South Fork 
Eel River (Lat 39.7665, Long -123.6484) upstream to endpoint(s) in: Bear 
Creek (39.6418, -123.5853); Big Rick Creek (39.7117, -123.5512); Cahto 
Creek (39.6527, -123.5579); Dark Canyon Creek (39.7333, -123.6614); 
Dutch Charlie Creek (39.6843, -123.7023); Elder Creek (39.7234, -
123.6192); Fox Creek (39.7441, -123.6142); Grub Creek (39.7777, -
123.5809); Jack of Hearts Creek (39.7136, -123.6896); Kenny Creek 
(39.6838, -123.5929); Little Case Creek (39.6892, -123.5441); Mill Creek 
(39.6839, -123.5118); Mud Creek (39.6713,

[[Page 427]]

-123.5741); Mud Springs Creek (39.6929, -123.5629); Redwood Creek 
(39.6545, -123.6753); Rock Creek (39.6922, -123.6090); Section Four 
Creek (39.6137, -123.5297); South Fork Eel River (39.6242, -123.5468); 
Streeter Creek (39.7340, -123.5606); Ten Mile Creek (39.6652, -
123.4486); Unnamed Tributary (39.7004, -123.5678).
    (x) Sequoia Hydrologic Sub-area 111141. Outlet(s) = Eel River (Lat 
40.3557, Long -123.9191) upstream to endpoint(s) in: Beatty Creek 
(40.3198, -123.7500); Brock Creek (40.2410, -123.7246); Cameron Creek 
(40.3313, -123.7707); Dobbyn Creek (40.2216, -123.6029); Kapple Creek 
(40.3531, -123.8585); Line Gulch Creek (40.1640, -123.4783); Mud Creek 
(40.2078, -123.5143); North Fork Dobbyn Creek (40.2669, -123.5467); 
Sonoma Creek (40.2974, -123.7953); South Fork Dobbyn Creek (40.1723, -
123.5112); South Fork Eel River (40.3500, -123.9305); South Fork 
Thompson Creek (40.3447, -123.8334); Thompson Creek (40.3552, -
123.8417); Unnamed Tributary (40.2745, -123.5487).
    (xi) Spy Rock Hydrologic Sub-area 111142. Outlet(s) = Eel River (Lat 
40.1736, Long -123.6043) upstream to endpoint(s) in: Bear Pen Canyon 
(39.6943, -123.4359); Bell Springs Creek (39.9457, -123.5313); Blue Rock 
Creek (39.8937, -123.5018); Burger Creek (39.6693, -123.4034); Chamise 
Creek (40.0035, -123.5945); Gill Creek (39.7879, -123.3465); Iron Creek 
(39.7993, -123.4747); Jewett Creek (40.1122, -123.6171); Kekawaka Creek 
(40.0686, -123.4087); Rock Creek (39.9347, -123.5187); Shell Rock Creek 
(39.8414, -123.4614); Unnamed Tributary (39.7579, -123.4709); White Rock 
Creek (39.7646, -123.4684); Woodman Creek (39.7612, -123.4364).
    (xii) Outlet Creek Hydrologic Sub-area 111161. Outlet(s) = Outlet 
Creek (Lat 39.6265, Long -123.3449) upstream to endpoint(s) in: Baechtel 
Creek (39.3623, -123.4143); Berry Creek (39.4271, -123.2777); Bloody Run 
Creek (39.5864, -123.3545); Broaddus Creek (39.3869, -123.4282); Cherry 
Creek (39.6043, -123.4073); Conklin Creek (39.3756, -123.2570); Davis 
Creek (39.3354, -123.2945); Haehl Creek (39.3735, -123.3172); Long 
Valley Creek (39.6246, -123.4651); Mill Creek (39.4196, -123.3919); 
Outlet Creek (39.4526, -123.3338); Ryan Creek (39.4804, -123.3644); 
Unnamed Tributary (39.4956, -123.3591); Unnamed Tributary (39.4322, -
123.3848); Unnamed Tributary (39.5793, -123.4546); Unnamed Tributary 
(39.3703, -123.3419); Upp Creek (39.4479, -123.3825); Willts Creek 
(39.4686, -123.4299).
    (xiii) Tomki Creek Hydrologic Sub-area 111162. Outlet(s) = Eel River 
(Lat 39.7138, Long -123.3532) upstream to endpoint(s) in: Cave Creek 
(39.3842, -123.2148); Dean Creek (39.6924, -123.3727); Garcia Creek 
(39.5153, -123.1512); Little Cave Creek (39.3915, -123.2462); Little 
Creek (39.4146, -123.2595); Long Branch Creek (39.4074, -123.1897); 
Rocktree Creek (39.4534, -123.3053); Salmon Creek (39.4367, -123.1939); 
Scott Creek (39.4492, -123.2286); String Creek (39.4658, -123.3206); 
Tarter Creek (39.4715, -123.2976); Thomas Creek (39.4768, -123.1230); 
Tomki Creek (39.5483, -123.3687); Whitney Creek (39.4399, -123.1084); 
Wheelbarrow Creek (39.5012, -123.3304).
    (xiv) Eden Valley Hydrologic Sub-area 111171. Outlet(s) = Middle 
Fork Eel River (Lat 39.7138, Long -123.3532) upstream to endpoint(s) in: 
Crocker Creek (39.5559, -123.0409); Eden Creek (39.5992, -123.1746); Elk 
Creek (39.5371, -123.0101); Hayshed Creek (39.7082, -123.0967); Salt 
Creek (39.6765, -123.2740); Sportsmans Creek (39.5373, -123.0247); 
Sulper Springs (39.5536, -123.0365); Thatcher Creek (39.6686, -
123.0639).
    (xv) Round Valley Hydrologic Sub-area 111172. Outlet(s) = Mill Creek 
(Lat 39.7396, Long -123.1420); Williams Creek (39.8145, -123.1333) 
upstream to endpoint(s) in: Cold Creek (39.8714, -123.2991); Grist Creek 
(39.7640, -123.2883); Mill Creek (39.8481, -123.2896); Murphy Creek 
(39.8885, -123.1612); Short Creek (39.8703, -123.2352); Town Creek 
(39.7991, -123.2889); Turner Creek (39.7218, -123.2175); Williams Creek 
(39.8903, -123.1212); Unnamed Tributary (39.7428, -123.2757); Unnamed 
Tributary (39.7493, -123.2584).
    (xvi) Black Butte River Hydrologic Sub-area 111173. Outlet(s) = 
Black Butte River (Lat 39.8239, Long -123.0880) upstream to endpoint(s) 
in: Black Butte River (39.5946, -122.8579); Buckhorn Creek (39.6563, -
122.9225); Cold Creek (39.6960, -122.9063); Estell Creek (39.5966, -
122.8224); Spanish Creek (39.6287, -122.8331).

[[Page 428]]

    (xvii) Wilderness Hydrologic Sub-area 111174. Outlet(s) = Middle 
Fork Eel River (Lat 39.8240, Long -123.0877) upstream to endpoint(s) in: 
Beaver Creek (39.9352, -122.9943); Fossil Creek (39.9447, -123.0403); 
Middle Fork Eel River (40.0780, -123.0442); North Fork Middle Fork Eel 
River (40.0727, -123.1364); Palm of Gileade Creek (40.0229, -123.0647); 
Pothole Creek (39.9347, -123.0440).
    (6) Cape Mendocino Hydrologic Unit 1112--(i) Oil Creek Hydrologic 
Sub-area 111210. Outlet(s) = Guthrie Creek (Lat 40.5407, Long -
124.3626); Oil Creek (40.5195, -124.3767) upstream to endpoint(s) in: 
Guthrie Creek (40.5320, -124.3128); Oil Creek (40.5061, -124.2875); 
Unnamed Tributary (40.4946, -124.3091); Unnamed Tributary (40.4982, -
124.3549); Unnamed Tributary (40.5141, -124.3573); Unnamed Tributary 
(40.4992, -124.3070).
    (ii) Capetown Hydrologic Sub-area 111220. Outlet(s) = Bear River 
(Lat 40.4744, Long -124.3881); Davis Creek (40.3850, -124.3691); Singley 
Creek (40.4311, -124.4034) upstream to endpoint(s) in: Antone Creek 
(40.4281, -124.2114); Bear River (40.3591, -124.0536); Beer Bottle Gulch 
(40.3949, -124.1410); Bonanza Gulch (40.4777, -124.2966); Brushy Creek 
(40.4102, -124.1050); Davis Creek (40.3945, -124.2912); Harmonica Creek 
(40.3775, -124.0735); Hollister Creek (40.4109, -124.2891); Nelson Creek 
(40.3536, -124.1154); Peaked Creek (40.4123, -124.1897); Pullen Creek 
(40.4057, -124.0814); Singley Creek (40.4177, -124.3305); South Fork 
Bear River (40.4047, -124.2631); Unnamed Tributary (40.4271, -124.3107); 
Unnamed Tributary (40.4814, -124.2741); Unnamed Tributary (40.3633, -
124.0651); Unnamed Tributary (40.3785, -124.0599); Unnamed Tributary 
(40.4179, -124.2391); Unnamed Tributary (40.4040, -124.0923); Unnamed 
Tributary (40.3996, -124.3175); Unnamed Tributary (40.4045, -124.0745); 
Unnamed Tributary (40.4668, -124.2364); Unnamed Tributary (40.4389, -
124.2350); Unnamed Tributary (40.4516, -124.2238); Unnamed Tributary 
(40.4136, -124.1594); Unnamed Tributary (40.4350, -124.1504); Unnamed 
Tributary (40.4394, -124.3745); West Side Creek (40.4751, -124.2432).
    (iii) Mattole River Hydrologic Sub-area 111230. Outlet(s) = Big 
Creek (Lat 40.1567, Long -124.2114); Big Flat Creek (40.1275, -
124.1764); Buck Creek (40.1086, -124.1218); Cooskie Creek (40.2192, -
124.3105); Fourmile Creek (40.2561, -124.3578); Gitchell Creek (40.0938, 
-124.1023); Horse Mountain Creek (40.0685, -124.0822); Kinsey Creek 
(40.1717, -124.2310); Mattole River (40.2942, -124.3536); McNutt Gulch 
(40.3541, -124.3619); Oat Creek (40.1785, -124.2445); Randall Creek 
(40.2004, -124.2831); Shipman Creek (40.1175, -124.1449); Spanish Creek 
(40.1835, -124.2569); Telegraph Creek (40.0473, -124.0798); Whale Gulch 
(39.9623, -123.9785) upstream to endpoint(s) in: Anderson Creek 
(40.0329, -123.9674); Baker Creek (40.0143, -123.9048); Bear Creek 
(40.1262, -124.0631); Bear Creek (40.2819, -124.3336); Bear Trap Creek 
(40.2157, -124.1422); Big Creek (40.1742, -124.1924); Big Finley Creek 
(40.0910, -124.0179); Big Flat Creek (40.1444, -124.1636); Blue Slide 
Creek (40.1562, -123.9283); Box Canyon Creek (40.1078, -123.9854); 
Bridge Creek (40.0447, -124.0118); Buck Creek (40.1166, -124.1142); 
Conklin Creek (40.3197, -124.2055); Cooskie Creek (40.2286, -124.2986); 
Devils Creek (40.3432, -124.1365); Dry Creek (40.2646, -124.0660); East 
Branch North Fork Mattole River (40.3333, -124.1490); East Fork Honeydew 
Creek (40.1625, -124.0929); Eubank Creek (40.0997, -123.9661); Fire 
Creek (40.1533, -123.9509); Fourmile Creek (40.2604, -124.3079); 
Fourmile Creek (40.1767, -124.0759); French Creek (40.1384, -124.0072); 
Gibson Creek (40.0304, -123.9279); Gilham Creek (40.2078, -124.0085); 
Gitchell Creek (40.1086, -124.0947); Green Ridge Creek (40.3254, -
124.1258); Grindstone Creek (40.2019, -123.9890); Harris Creek (40.0381, 
-123.9304); Harrow Creek (40.1612, -124.0292); Helen Barnum Creek 
(40.0036, -123.9101); Honeydew Creek (40.1747, -124.1410); Horse 
Mountain Creek (40.0769, -124.0729); Indian Creek (40.2772, -124.2759); 
Jewett Creek (40.1465, -124.0414); Kinsey Creek (40.1765, -124.2220); 
Lost Man Creek (39.9754, -123.9179); Mattole Canyon (40.2021, -
123.9570); Mattole River (39.9714, -123.9623); McGinnis Creek (40.3186, 
-124.1801); McKee Creek (40.0864, -123.9480); McNutt Gulch (40.3458, -
124.3418); Middle Creek (40.2591, -124.0366); Mill Creek (40.0158, -
123.9693); Mill Creek (40.3305, -124.2598); Mill Creek (40.2839, -
124.2946); Nooning Creek (40.0616, -124.0050); North Fork

[[Page 429]]

Mattole River (40.3866, -124.1867); North Fork Bear Creek (40.1494, -
124.1060); North Fork Fourmile Creek (40.2019, -124.0722); Oat Creek 
(40.1884, -124.2296); Oil Creek (40.3214, -124.1601); Painter Creek 
(40.0844, -123.9639); Prichett Creek (40.2892, -124.1704); Randall Creek 
(40.2092, -124.2668); Rattlesnake Creek (40.3250, -124.0981); Shipman 
Creek (40.1250, -124.1384); Sholes Creek (40.1603, -124.0619); South 
Branch West Fork Bridge Creek (40.0326, -123.9853); South Fork Bear 
Creek (40.0176, -124.0016); Spanish Creek (40.1965, -124.2429); Squaw 
Creek (40.1934, -124.2002); Stanley Creek (40.0273, -123.9166); Sulphur 
Creek (40.3647, -124.1586); Telegraph Creek (40.0439, -124.0640); 
Thompson Creek (39.9913, -123.9707); Unnamed Tributary (40.3475, -
124.1606); Unnamed Tributary (40.3522, -124.1533); Unnamed Tributary 
(40.0891, -123.9839); Unnamed Tributary (40.2223, -124.0172); Unnamed 
Tributary (40.1733, -123.9515); Unnamed Tributary (40.2899, -124.0955); 
Unnamed Tributary (40.2853, -124.3227); Unnamed Tributary (39.9969, -
123.9071); Upper East Fork Honeydew Creek (40.1759, -124.1182); Upper 
North Fork Mattole River (40.2907, -124.1115); Vanauken Creek (40.0674, 
-123.9422); West Fork Bridge Creek (40.0343, -123.9990); West Fork 
Honeydew Creek (40.1870, -124.1614); Westlund Creek (40.2440, -
124.0036); Whale Gulch (39.9747, -123.9812); Woods Creek (40.2119, -
124.1611); Yew Creek (40.0018, -123.9762).
    (7) Mendocino Coast Hydrologic Unit 1113--(i) Usal Creek Hydrologic 
Sub-area 111311. Outlet(s) = Jackass Creek (Lat 39.8806, Long -
123.9155); Usal Creek (39.8316, -123.8507) upstream to endpoint(s) in: 
Bear Creek (39.8898, -123.8344); Jackass Creek (39.8901, -123.8928); 
Julias Creek (39.8542, -123.7937); Little Bear Creek (39.8629, -
123.8400); North Fork Jackass Creek (39.9095, -123.9101); North Fork 
Julias Creek (39.8581, -123.8045); Soldier Creek (39.8679, -123.8162); 
South Fork Usal Creek (39.8356, -123.7865); Unnamed Tributary (39.8890, 
-123.8480); Usal Creek (39.8957, -123.8797); Waterfall Gulch (39.8787, -
123.8680).
    (ii) Wages Creek Hydrologic Sub-area 111312. Outlet(s) = Cottaneva 
Creek (Lat 39.7360, Long -123.8293); DeHaven Creek (39.6592, -123.7863); 
Hardy Creek (39.7107, -123.8082); Howard Creek (39.6778, -123.7915); 
Juan Creek (39.7028, -123.8042); Wages Creek (39.6513, -123.7851) 
upstream to endpoint(s) in: Cottaneva Creek (39.7825, -123.8210); 
DeHaven Creek (39.6687, -123.7060); Dunn Creek (39.8103, -123.8320); 
Hardy Creek (39.7221, -123.7822); Howard Creek (39.6808, -123.7463); 
Juan Creek (39.7107, -123.7472); Kimball Gulch (39.7559, -123.7828); 
Little Juan Creek (39.7003, -123.7609); Middle Fork Cottaneva Creek 
(39.7738, -123.8058); North Fork Cottaneva Creek (39.8011, -123.8047); 
North Fork Dehaven Creek (39.6660, -123.7382); North Fork Wages Creek 
(39.6457, -123.7066); Rider Gulch (39.6348, -123.7621); Rockport Creek 
(39.7346, -123.8021); Slaughterhouse Gulch (39.7594, -123.7914); South 
Fork Cottaneva Creek (39.7447, -123.7773); South Fork Wages Creek 
(39.6297, -123.6862); Wages Creek (39.6297, -123.6862).
    (iii) Ten Mile River Hydrologic Sub-area 111313. Outlet(s) = 
Abalobadiah Creek (Lat 39.5654, Long -123.7672); Chadbourne Gulch 
(39.6133, -123.7822); Ten Mile River (39.5529, -123.7658); Seaside Creek 
(39.5592, -123.7655) upstream to endpoint(s) in: Abalobadiah Creek 
(39.5878, -123.7503); Bald Hill Creek (39.6278, -123.6461); Barlow Gulch 
(39.6046, -123.7384); Bear Pen Creek (39.5824, -123.6402); Booth Gulch 
(39.5567, -123.5918); Buckhorn Creek (39.6093, -123.6980); Campbell 
Creek (39.5053, -123.6610); Cavanough Gulch (39.6107, -123.6776); 
Chadbourne Gulch (39.6190, -123.7682); Clark Fork (39.5280, -123.5134); 
Curchman Creek (39.4789, -123.6398); Gulch 11 (39.4687, -123.5816); 
Gulch 19 (39.5939, -123.5781); Little Bear Haven Creek (39.5655, -
123.6147); Little North Fork (39.6264, -123.7350); Mill Creek (39.5392, 
-123.7068); North Fork Ten Mile River (39.5870, -123.5480); O'Conner 
Gulch (39.6042, -123.6632); Patsy Creek (39.5714, -123.5669); Redwood 
Creek (39.5142, -123.5620); Seaside Creek (39.5612, -123.7501); Smith 
Creek (39.5251, -123.6499); South Fork Bear Haven Creek (39.5688, -
123.6527); South Fork Ten Mile River (39.5083, -123.5395); Ten Mile 
River (39.5721, -123.7098); Unnamed Tributary (39.5180, -123.5948); 
Unnamed Tributary (39.5146, -123.6183); Unnamed Tributary (39.5898, -
123.7657); Unnamed Tributary (39.5813, -123.7526); Unnamed Tributary 
(39.5936, -123.6034).

[[Page 430]]

    (iv) Noyo River Hydrologic Sub-area 111320. Outlet(s) = Digger Creek 
(Lat 39.4088, Long -123.8164); Hare Creek (39.4171, -123.8128); Jug 
Handle Creek (39.3767, -123.8176); Mill Creek (39.4894, -123.7967); 
Mitchell Creek (39.3923, -123.8165); Noyo River (39.4274, -123.8096); 
Pudding Creek (39.4588, -123.8089); Virgin Creek (39.4714, -123.8045) 
upstream to endpoint(s) in: Bear Gulch (39.3881, -123.6614); Brandon 
Gulch (39.4191, -123.6645); Bunker Gulch (39.3969, -123.7153); Burbeck 
Creek (39.4354, -123.4235); Covington Gulch (39.4099, -123.7546); 
Dewarren Creek (39.4974, -123.5535); Digger Creek (39.3932, -123.7820); 
Duffy Gulch (39.4469, -123.6023); Gulch Creek (39.4441, -123.4684); 
Gulch Seven (39.4523, -123.5183); Hare Creek (39.3781, -123.6922); 
Hayworth Creek (39.4857, -123.4769); Hayshed Creek (39.4200, -123.7391); 
Jug Handle Creek (39.3647, -123.7523); Kass Creek (39.4262, -123.6807); 
Little North Fork (39.4532, -123.6636); Little Valley Creek (39.5026, -
123.7277); Marble Gulch (39.4423, -123.5479); McMullen Creek (39.4383, -
123.4488); Middle Fork North Fork (39.4924, -123.5231); Mill Creek 
(39.4813, -123.7600); Mitchell Creek (39.3813, -123.7734); North Fork 
Hayworth Creek (39.4891, -123.5026); North Fork Noyo River (39.4765, -
123.5535); North Fork Noyo (39.4765, -123.5535); North Fork South Fork 
Noyo River (39.3971, -123.6108); Noyo River (39.4242, -123.4356); Olds 
Creek (39.3964, -123.4448); Parlin Creek (39.3700, -123.6111); Pudding 
Creek (39.4591, -123.6516); Redwood Creek (39.4660, -123.4571); South 
Fork Hare Creek (39.3785, -123.7384); South Fork Noyo River (39.3620, -
123.6188); Unnamed Tributary (39.4113, -123.5621); Unnamed Tributary 
(39.3918, -123.6425); Unnamed Tributary (39.4168, -123.4578); Unnamed 
Tributary (39.4656, -123.7467); Unnamed Tributary (39.4931, -123.7371); 
Unnamed Tributary (39.4922, -123.7381); Unnamed Tributary (39.4939, -
123.7184); Unnamed Tributary (39.4158, -123.6428); Unnamed Tributary 
(39.4002, -123.7347); Unnamed Tributary (39.3831, -123.6177); Unnamed 
Tributary (39.4926, -123.4764); Virgin Creek (39.4621, -123.7855); 
Unnamed Tributary (39.4650, -123.7463).
    (v) Big River Hydrologic Sub-area 111330. Outlet(s) = Big River (Lat 
39.3030, Long -123.7957); Casper Creek (39.3617, -123.8169); Doyle Creek 
(39.3603, -123.8187); Jack Peters Creek (39.3193, -123.8006); Russian 
Gulch (39.3288, -123.8050) upstream to endpoint(s) in: Berry Gulch 
(39.3585, -123.6930); Big River (39.3166, -123.3733); Casper Creek 
(39.3462, -123.7556); Chamberlain Creek (39.4007, -123.5317); Daugherty 
Creek (39.1700, -123.3699); Doyle Creek (39.3517, -123.8007); East 
Branch Little North Fork Big River (39.3372, -123.6410); East Branch 
North Fork Big River (39.3354, -123.4652); Gates Creek (39.2083, -
123.3944); Jack Peters Gulch (39.3225, -123.7850); James Creek (39.3922, 
-123.4747); Johnson Creek (39.1963, -123.3927); Johnson Creek (39.2556, 
-123.4485); Laguna Creek (39.2910, -123.6334); Little North Fork Big 
River (39.3497, -123.6242); Marten Creek (39.3290, -123.4279); Mettick 
Creek (39.2591, -123.5193); Middle Fork North Fork Casper Creek 
(39.3575, -123.7170); North Fork Big River (39.3762, -123.4591); North 
Fork Casper Creek (39.3610, -123.7356); North Fork James Creek (39.3980, 
-123.4939); North Fork Ramone Creek (39.2760, -123.4846); Pig Pen Gulch 
(39.3226, -123.4609); Pruitt Creek (39.2592, -123.3812); Ramone Creek 
(39.2714, -123.4415); Rice Creek (39.2809, -123.3963); Russell Brook 
(39.2863, -123.4461); Russian Gulch (39.3237, -123.7650); Snuffins Creek 
(39.1836, -123.3854); Soda Creek (39.2230, -123.4239); South Fork Big 
River (39.2317, -123.3687); South Fork Casper Creek (39.3493, -
123.7216); Two Log Creek (39.3484, -123.5781); Unnamed Tributary 
(39.3897, -123.5556); Unnamed Tributary (39.3637, -123.5464); Unnamed 
Tributary (39.3776, -123.5274); Unnamed Tributary (39.4029, -123.5771); 
Valentine Creek (39.2694, -123.3957); Water Gulch (39.3607, -123.5891).
    (vi) Albion River Hydrologic Sub-area 111340. Outlet(s) = Albion 
River (Lat 39.2253, Long -123.7679); Big Salmon Creek (39.2150, -
123.7660); Buckhorn Creek (39.2593, -123.7839); Dark Gulch (39.2397, -
123.7740); Little Salmon Creek (39.2150, -123.7660); Little River 
(39.2734, -123.7914) upstream to endpoint(s) in: Albion River (39.2613, 
-123.5766); Big Salmon Creek (39.2070, -123.6514); Buckhorn Creek 
(39.2513, -123.7595); Dark Gulch (39.2379, -123.7592); Duck Pond Gulch 
(39.2456, -123.6960); East Railroad Gulch (39.2604, -123.6381);

[[Page 431]]

Hazel Gulch (39.2141, -123.6418); Kaison Gulch (39.2733, -123.6803); 
Little North Fork South Fork Albion River (39.2350, -123.6431); Little 
River (39.2683, -123.7190); Little Salmon Creek (39.2168, -123.7515); 
Marsh Creek (39.2325, -123.5596); Nordon Gulch (39.2489, -123.6503); 
North Fork Albion River (39.2854, -123.5752); Pleasant Valley Gulch 
(39.2379, -123.6965); Railroad Gulch (39.2182, -123.6932); Soda Springs 
Creek (39.2943, -123.5944); South Fork Albion River (39.2474, -
123.6107); Tom Bell Creek (39.2805, -123.6519); Unnamed Tributary 
(39.2279, -123.6972); Unnamed Tributary (39.2194, -123.7100); Unnamed 
Tributary (39.2744, -123.5889); Unnamed Tributary (39.2254, -123.6733).
    (vii) Navarro River Hydrologic Sub-area 111350. Outlet(s) = Navarro 
River (Lat 39.1921, Long -123.7611) upstream to endpoint(s) in: Alder 
Creek (38.9830, -123.3946); Anderson Creek (38.9644, -123.2907); Bailey 
Creek (39.1733, -123.4804); Barton Gulch (39.1804, -123.6783); Bear 
Creek (39.1425, -123.4326); Bear Wallow Creek (39.0053, -123.4075); 
Beasley Creek (38.9366, -123.3265); Bottom Creek (39.2117, -123.4607); 
Camp 16 Gulch (39.1937, -123.6095); Camp Creek (38.9310, -123.3527); 
Cold Spring Creek (39.0376, -123.5027); Con Creek (39.0374, -123.3816); 
Cook Creek (39.1879, -123.5109); Cune Creek (39.1622, -123.6014); Dago 
Creek (39.0731, -123.5068); Dead Horse Gulch (39.1576, -123.6124); Dutch 
Henry Creek (39.2112, -123.5794); Floodgate Creek (39.1291, -123.5365); 
Fluem Gulch (39.1615, -123.6695); Flynn Creek (39.2099, -123.6032); 
German Creek (38.9452, -123.4269); Gut Creek (39.0803, -123.3312); Ham 
Canyon (39.0164, -123.4265); Horse Creek (39.0144, -123.4960); Hungry 
Hollow Creek (39.1327, -123.4488); Indian Creek (39.0708, -123.3301); 
Jimmy Creek (39.0117, -123.2888); John Smith Creek (39.2275, -123.5366); 
Little North Fork Navarro River (39.1941, -123.4553); Low Gap Creek 
(39.1590, -123.3783); Navarro River (39.0537, -123.4409); Marsh Gulch 
(39.1692, -123.7049); McCarvey Creek (39.1589, -123.4048); Mill Creek 
(39.1270, -123.4315); Minnie Creek (38.9751, -123.4529); Murray Gulch 
(39.1755, -123.6966); Mustard Gulch (39.1673, -123.6393); North Branch 
(39.2069, -123.5361); North Fork Indian Creek (39.1213, -123.3345); 
North Fork Navarro River (39.1708, -123.5606); Parkinson Gulch (39.0768, 
-123.4070); Perry Gulch (39.1342, -123.5707); Rancheria Creek (38.8626, 
-123.2417); Ray Gulch (39.1792, -123.6494); Robinson Creek (38.9845, -
123.3513); Rose Creek (39.1358, -123.3672); Shingle Mill Creek (39.1671, 
-123.4223); Soda Creek (39.0238, -123.3149); Soda Creek (39.1531, -
123.3734); South Branch (39.1409, -123.3196); Spooner Creek (39.2221, -
123.4811); Tramway Gulch (39.1481, -123.5958); Yale Creek (38.8882, -
123.2785).
    (viii) Greenwood Creek Hydrologic Sub-area 111361. Outlet(s) = 
Greenwood Creek (Lat 39.1262, Long -123.7181) upstream to endpoint(s) 
in: Greenwood Creek (39.0894, -123.5924).
    (ix) Elk Creek Hydrologic Sub-area 111362. Outlet(s) = Elk Creek 
(Lat 39.1024, Long -123.7080) upstream to endpoint(s) in: Elk Creek 
(39.0657, -123.6245).
    (x) Alder Creek Hydrologic Sub-area 111363. Outlet(s) = Alder Creek 
(Lat 39.0044, Long -123.6969); Mallo Pass Creek (39.0341, -123.6896) 
upstream to endpoint(s) in: Alder Creek (38.9961, -123.6471); Mallo Pass 
Creek (39.0287, -123.6373).
    (xi) Brush Creek Hydrologic Sub-area 111364. Outlet(s) = Brush Creek 
(Lat 38.9760, Long -123.7120) upstream to endpoint(s) in: Brush Creek 
(38.9730, -123.5563); Mill Creek (38.9678, -123.6515); Unnamed Tributary 
(38.9724, -123.6571).
    (xii) Garcia River Hydrologic Sub-area 111370. Outlet(s) = Garcia 
River (Lat 38.9550, Long -123.7338); Point Arena Creek (38.9141, -
123.7103); Schooner Gulch (38.8667, -123.6550) upstream to endpoint(s) 
in: Blue Water Hole Creek (38.9378, -123.5023); Flemming Creek (38.8384, 
-123.5361); Garcia River (38.8965, -123.3681); Hathaway Creek (38.9287, 
-123.7011); Inman Creek (38.8804, -123.4370); Larmour Creek (38.9419, -
123.4469); Mill Creek (38.9078, -123.3143); North Fork Garcia River 
(38.9233, -123.5339); North Fork Schooner Gulch (38.8758, -123.6281); 
Pardaloe Creek (38.8895, -123.3423); Point Arena Creek (38.9069, -
123.6838); Redwood Creek (38.9241, -123.3343); Rolling Brook (38.8965, -
123.5716); Schooner Gulch (38.8677, -123.6198); South Fork Garcia River 
(38.8450, -123.5420); Stansburry Creek (38.9422, -123.4720); Signal 
Creek (38.8639, -123.4414); Unnamed Tributary

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(38.8758, -123.5692); Unnamed Tributary (38.8818, -123.5723); Whitlow 
Creek (38.9141, -123.4624).
    (xiii) North Fork Gualala River Hydrologic Sub-area 111381. 
Outlet(s) = North Fork Gualala River (Lat 38.7784, Long -123.4992) 
upstream to endpoint(s) in: Bear Creek (38.8347, -123.3842); Billings 
Creek (38.8652, -123.3496); Doty Creek (38.8495, -123.5131); Dry Creek 
(38.8416, -123.4455); Little North Fork Gualala River (38.8295, -
123.5570); McGann Gulch (38.8026, -123.4458); North Fork Gualala River 
(38.8479, -123.4113); Robinson Creek (38.8416, -123.3725); Robinson 
Creek (38.8386, -123.4991); Stewart Creek (38.8109, -123.4157); Unnamed 
Tributary (38.8487, -123.3820).
    (xiv) Rockpile Creek Hydrologic Sub-area 111382. Outlet(s) = 
Rockpile Creek (Lat 38.7507, Long -123.4706) upstream to endpoint(s) in: 
Rockpile Creek (38.7966, -123.3872).
    (xv) Buckeye Creek Hydrologic Sub-area 111383. Outlet(s) = Buckeye 
Creek (Lat 38.7403, Long -123.4580) upstream to endpoint(s) in: Buckeye 
Creek (38.7400, -123.2697); Flat Ridge Creek (38.7616, -123.2400); 
Franchini Creek (38.7500, -123.3708); North Fork Buckeye (38.7991, -
123.3166).
    (xvi) Wheatfield Fork Hydrologic Sub-area 111384. Outlet(s) = 
Wheatfield Fork Gualala River (Lat 38.7018, Long -123.4168) upstream to 
endpoint(s) in: Danfield Creek (38.6369, -123.1431); Fuller Creek 
(38.7109, -123.3256); Haupt Creek (38.6220, -123.2551); House Creek 
(38.6545, -123.1184); North Fork Fuller Creek (38.7252, -123.2968); 
Pepperwood Creek (38.6205, -123.1665); South Fork Fuller Creek (38.6973, 
-123.2860); Tombs Creek (38.6989, -123.1616); Unnamed Tributary 
(38.7175, -123.2744); Wheatfield Fork Gualala River (38.7497, -
123.2215).
    (xvii) Gualala Hydrologic Sub-area 111385. Outlet(s) = Fort Ross 
Creek (Lat 38.5119, Long -123.2436); Gualala River (38.7687, -123.5334); 
Kolmer Gulch (38.5238, -123.2646) upstream to endpoint(s) in: Big 
Pepperwood Creek (38.7951, -123.4638); Carson Creek (38.5653, -
123.1906); Fort Ross Creek (38.5174, -123.2363); Groshong Gulch 
(38.7814, -123.4904); Gualala River (38.7780, -123.4991); Kolmer Gulch 
(38.5369, -123.2247); Little Pepperwood (38.7738, -123.4427); Marshall 
Creek (38.5647, -123.2058); McKenzie Creek (38.5895, -123.1730); Palmer 
Canyon Creek (38.6002, -123.2167); South Fork Gualala River (38.5646, -
123.1689); Sproule Creek (38.6122, -123.2739); Turner Canyon (38.5294, -
123.1672); Unknown Tributary (38.5634, -123.2003).
    (xviii) Russian Gulch Hydrologic Sub-area 111390. Outlet(s) = 
Russian Gulch Creek (Lat 38.4669, Long -123.1569) upstream to 
endpoint(s) in: Russian Gulch Creek (38.4956, -123.1535); West Branch 
Russian Gulch Creek (38.4968, -123.1631).
    (8) Maps of critical habitat for the Northern California Steelhead 
ESU follow:

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    (h) Central California Coast Steelhead (O. mykiss). Critical habitat 
is designated to include the areas defined in the following CALWATER 
Hydrologic Units:
    (1) Russian River Hydrologic Unit 1114--(i) Guerneville Hydrologic 
Sub-area 111411. Outlet(s) = Russian River (Lat 38.4507, Long -123.1289) 
upstream to endpoint(s) in: Atascadero Creek (38.3473, -122.8626); 
Austin Creek

[[Page 440]]

(38.5098, -123.0680); Baumert Springs (38.4195, -122.9658); Dutch Bill 
Creek (38.4132, -122.9508); Duvoul Creek (38.4527, -122.9525); Fife 
Creek (38.5584, -122.9922); Freezeout Creek (38.4405, -123.0360); Green 
Valley Creek, (38.4445, -122.9185); Grub Creek (38.4411, -122.9636); 
Hobson Creek (38.5334, -122.9401); Hulbert Creek (38.5548, -123.0362); 
Jenner Gulch (38.4869, -123.0996); Kidd Creek (38.5029, -123.0935); 
Lancel Creek (38.4247, -122.9322); Mark West Creek (38.4961, -122.8489); 
Mays Canyon (38.4800, -122.9715); North Fork Lancel Creek (38.4447, -
122.9444); Pocket Canyon (38.4650, -122.9267); Porter Creek (38.5435, -
122.9332); Purrington Creek (38.4083, -122.9307); Sheep House Creek 
(38.4820, -123.0921); Smith Creek (38.4622, -122.9585); Unnamed 
Tributary (38.4560, -123.0246); Unnamed Tributary (38.3976, -122.8994); 
Unnamed Tributary (38.3772, -122.8938); Willow Creek (38.4249, -
123.0022).
    (ii) Austin Creek Hydrologic Sub-area 111412. Outlet(s) = Austin 
Creek (Lat 38.5098, Long -123.0680) upstream to endpoint(s) in: Austin 
Creek (38.6262, -123.1347); Bear Pen Creek (38.5939, -123.1644); Big Oat 
Creek (38.5615, -123.1299); Black Rock Creek (38.5586, -123.0730); Blue 
Jay Creek (38.5618, -123.1399); Conshea Creek (38.5830, -123.0824); 
Devil Creek (38.6163, -123.0425); East Austin Creek (38.6349, -
123.1238); Gilliam Creek (38.5803, -123.0152); Gray Creek (38.6132, -
123.0107); Thompson Creek (38.5747, -123.0300); Pole Mountain Creek 
(38.5122, -123.1168); Red Slide Creek (38.6039, -123.1141); Saint Elmo 
Creek (38.5130, -123.1125); Schoolhouse Creek (38.5595, -123.0175); 
Spring Creek (38.5041, -123.1364); Sulphur Creek (38.6187, -123.0553); 
Ward Creek (38.5720, -123.1547).
    (iii) Mark West Hydrologic Sub-area 111423. Outlet(s) = Mark West 
Creek (Lat 38.4962, Long -122.8492) upstream to endpoint(s) in: Humbug 
Creek (38.5412, -122.6249); Laguna de Santa Rosa (38.4526, -122.8347); 
Mark West Creek (38.5187, -122.5995); Pool Creek (38.5486, -122.7641); 
Pruit Creek (38.5313, -122.7615); Windsor Creek (38.5484, -122.8101).
    (iv) Warm Springs Hydrologic Sub-area 111424. Outlet(s) = Dry Creek 
(Lat 38.5862, Long -122.8577) upstream to endpoint(s) in: Angel Creek 
(38.6101, -122.9833); Crane Creek (38.6434, -122.9451); Dry Creek 
(38.7181, -123.0091); Dutcher Creek (38.7223, -122.9770); Felta Creek 
(38.5679, -122.9379); Foss Creek (38.6244, -122.8754); Grape Creek 
(38.6593, -122.9707); Mill Creek (38.5976, -122.9914); North Slough 
Creek (38.6392, -122.8888); Palmer Creek (38.5770, -122.9904); Pena 
Creek (38.6384, -123.0743); Redwood Log Creek (38.6705, -123.0725); Salt 
Creek (38.5543, -122.9133); Wallace Creek (38.6260, -122.9651); Wine 
Creek (38.6662, -122.9682); Woods Creek (38.6069, -123.0272).
    (v) Geyserville Hydrologic Sub-area 111425. Outlet(s) = Russian 
River (Lat 38.6132, Long -122.8321) upstream to endpoint(s) in: Ash 
Creek (38.8556, -123.0082); Bear Creek (38.7253, -122.7038); Bidwell 
Creek (38.6229, -122.6320); Big Sulphur Creek (38.8279, -122.9914); 
Bluegum Creek (38.6988, -122.7596); Briggs Creek (38.6845, -122.6811); 
Coon Creek (38.7105, -122.6957); Crocker Creek (38.7771, -122.9595); 
Edwards Creek (38.8592, -123.0758); Foote Creek (38.6433, -122.6797); 
Foss Creek (38.6373, -122.8753); Franz Creek (38.5726, -122.6343); Gill 
Creek (38.7552, -122.8840); Gird Creek (38.7055, -122.8311); Ingalls 
Creek (38.7344, -122.7192); Kellog Creek (38.6753, -122.6422); Little 
Briggs Creek (38.7082, -122.7014); Maacama Creek (38.6743, -122.7431); 
McDonnell Creek (38.7354, -122.7338); Mill Creek (38.7009, -122.6490); 
Miller Creek (38.7211, -122.8608); Oat Valley Creek (38.8461, -
123.0712); Redwood Creek (38.6342, -122.6720); Sausal Creek (38.6924, -
122.7930); South Fork Gill Creek (38.7420, -122.8760); Unnamed Tributary 
(38.7329, -122.8601); Yellowjacket Creek (38.6666, -122.6308).
    (vi) Sulphur Creek Hydrologic Sub-area 111426. Outlet(s) = Big 
Sulphur Creek (Lat 38.8279, Long -122.9914) upstream to endpoint(s) in: 
Alder Creek (38.8503, -122.8953); Anna Belcher Creek (38.7537, -
122.7586); Big Sulphur Creek (38.8243, -122.8774); Frasier Creek 
(38.8439, -122.9341); Humming Bird Creek (38.8460, -122.8596); Little 
Sulphur Creek (38.7469, -122.7425); Lovers Gulch (38.7396, -122.8275); 
North Branch Little Sulphur Creek (38.7783, -122.8119); Squaw Creek 
(38.8199, -122.7945).

[[Page 441]]

    (vii) Ukiah Hydrologic Sub-area 111431. Outlet(s) = Russian River 
(Lat 38.8828, Long -123.0557) upstream to endpoint(s) in: Pieta Creek 
(38.8622, -122.9329).
    (viii) Forsythe Creek Hydrologic Sub-area 111433. Outlet(s) = West 
Branch Russian River (Lat 39.2257, Long -123.2012) upstream to 
endpoint(s) in: Bakers Creek (39.2859, -123.2432); Eldridge Creek 
(39.2250, -123.3309); Forsythe Creek (39.2976, -123.2963); Jack Smith 
Creek (39.2754, -123.3421); Mariposa Creek (39.3472, -123.2625); Mill 
Creek (39.2969, -123.3360); Salt Hollow Creek (39.2585, -123.1881); 
Seward Creek (39.2606, -123.2646); West Branch Russian River (39.3642, -
123.2334).
    (2) Bodega Hydrologic Unit 1115--(i) Salmon Creek Hydrologic Sub-
area 111510. Outlet(s) = Salmon Creek (Lat 38.3554, Long -123.0675) 
upstream to endpoint(s) in: Coleman Valley Creek (38.3956, -123.0097); 
Faye Creek (38.3749, -123.0000); Finley Creek (38.3707, -123.0258); 
Salmon Creek (38.3877, -122.9318); Tannery Creek (38.3660, -122.9808).
    (ii) Estero Americano Hydrologic Sub-area 111530. Outlet(s) = Estero 
Americano (Lat 38.2939, Long -123.0011) upstream to endpoint(s) in: 
Estero Americano (38.3117, -122.9748); Ebabias Creek (38.3345, -
122.9759).
    (3) Marin Coastal Hydrologic Unit 2201--(i) Walker Creek Hydrologic 
Sub-area 220112. Outlet(s) = Walker Creek (Lat 38.2213, Long -122.9228); 
Millerton Gulch (38.1055, -122.8416) upstream to endpoint(s) in: Chileno 
Creek (38.2145, -122.8579); Frink Canyon (38.1761, -122.8405); Millerton 
Gulch (38.1376, -122.8052); Verde Canyon (38.1630, -122.8116); Unnamed 
Tributary (38.1224, -122.8095); Walker Creek (38.1617, -122.7815).
    (ii) Lagunitas Creek Hydrologic Sub-area 220113. Outlet(s) = 
Lagunitas Creek (Lat 38.0827, Long -122.8274) upstream to endpoint(s) 
in: Cheda Creek (38.0483, -122.7329); Devil's Gulch (38.0393, -
122.7128); Giacomini Creek (38.0075, -122.7386); Horse Camp Gulch 
(38.0078, -122.7624); Lagunitas Creek (37.9974, -122.7045); Olema Creek 
(37.9719, -122.7125); Quarry Gulch (38.0345, -122.7639); San Geronimo 
Creek (38.0131, -122.6499); Unnamed Tributary (37.9893, -122.7328); 
Unnamed Tributary (37.9976, -122.7553).
    (iii) Point Reyes Hydrologic Sub-area 220120. Outlet(s) = Creamery 
Bay Creek (Lat 38.0779, Long -122.9572); East Schooner Creek (38.0913, -
122.9293); Home Ranch (38.0705, -122.9119); Laguna Creek (38.0235, -
122.8732); Muddy Hollow Creek (38.0329, -122.8842) upstream to 
endpoint(s) in: Creamery Bay Creek (38.0809, -122.9561); East Schooner 
Creek (38.0928, -122.9159); Home Ranch Creek (38.0784, -122.9038); 
Laguna Creek (38.0436, -122.8559); Muddy Hollow Creek (38.0549, -
122.8666).
    (iv) Bolinas Hydrologic Sub-area 220130. Outlet(s) = Easkoot Creek 
(Lat 37.9026, Long -122.6474); McKinnon Gulch (37.9126, -122.6639); 
Morse Gulch (37.9189, -122.6710); Pine Gulch Creek (37.9218, -122.6882); 
Redwood Creek (37.8595, -122.5787); Stinson Gulch (37.9068, -122.6517); 
Wilkins Creek (37.9343, -122.6967) upstream to endpoint(s) in: Easkoot 
Creek (37.8987, -122.6370); Kent Canyon (37.8866, -122.5800); McKinnon 
Gulch (37.9197, -122.6564); Morse Gulch (37.9240, -122.6618); Pine Gulch 
Creek (37.9557, -122.7197); Redwood Creek (37.9006, -122.5787); Stinson 
Gulch (37.9141, -122.6426); Wilkins Creek (37.9450, -122.6910).
    (4) San Mateo Hydrologic Unit 2202--(i) San Mateo Coastal Hydrologic 
Sub-area 220221. Outlet(s) = Denniston Creek (37.5033, -122.4869); 
Frenchmans Creek (37.4804, -122.4518); San Pedro Creek (37.5964, -
122.5057) upstream to endpoint(s) in: Denniston Creek (37.5184, -
122.4896); Frenchmans Creek (37.5170, -122.4332); Middle Fork San Pedro 
Creek (37.5758, -122.4591); North Fork San Pedro Creek (37.5996, -
122.4635).
    (ii) Half Moon Bay Hydrologic Sub-area 220222. Outlet(s) = 
Pilarcitos Creek (Lat 37.4758, Long -122.4493) upstream to endpoint(s) 
in: Apanolio Creek (37.5202, -122.4158); Arroyo Leon Creek (37.4560, -
122.3442); Mills Creek (37.4629, -122.3721); Pilarcitos Creek (37.5259, 
-122.3980); Unnamed Tributary (37.4705, -122.3616).
    (iii) Tunitas Creek Hydrologic Sub-area 220223. Outlet(s) = Lobitos 
Creek (Lat 37.3762, Long -122.4093); Tunitas Creek (37.3567, -122.3999) 
upstream to endpoint(s) in: East Fork Tunitas Creek (37.3981, -
122.3404); Lobitos Creek (37.4246, -122.3586); Tunitas Creek (37.4086, -
122.3502).

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    (iv) San Gregorio Creek Hydrologic Sub-area 220230. Outlet(s) = San 
Gregorio Creek (Lat 37.3215, Long -122.4030) upstream to endpoint(s) in: 
Alpine Creek (37.3062, -122.2003); Bogess Creek (37.3740, -122.3010); El 
Corte Madera Creek (37.3650, -122.3307); Harrington Creek (37.3811, -
122.2936); La Honda Creek (37.3680, -122.2655); Langley Creek (37.3302, 
-122.2420); Mindego Creek (37.3204, -122.2239); San Gregorio Creek 
(37.3099, -122.2779); Woodruff Creek (37.3415, -122.2495).
    (v) Pescadero Creek Hydrologic Sub-area 220240. Outlet(s) = 
Pescadero Creek (Lat 37.2669, Long -122.4122); Pomponio Creek (37.2979, 
-122.4061) upstream to endpoint(s) in: Bradley Creek (37.2819, -
122.3802); Butano Creek (37.2419, -122.3165); Evans Creek (37.2659, -
122.2163); Honsinger Creek (37.2828, -122.3316); Little Boulder Creek 
(37.2145, -122.1964); Little Butano Creek (37.2040, -122.3492); Oil 
Creek (37.2572, -122.1325); Pescadero Creek (37.2320, -122.1553); 
Lambert Creek (37.3014, -122.1789); Peters Creek (37.2883, -122.1694); 
Pomponio Creek (37.3030, -122.3805); Slate Creek (37.2530, -122.1935); 
Tarwater Creek (37.2731, -122.2387); Waterman Creek (37.2455, -
122.1568).
    (5) Bay Bridge Hydrologic UnitT 2203--(i) San Rafael Hydrologic Sub-
area 220320. Outlet(s) = Arroyo Corte Madera del Presidio (Lat 37.8917, 
Long -122.5254); Corte Madera Creek (37.9425, -122.5059) upstream to 
endpoint(s) in: Arroyo Corte Madera del Presidio (37.9298, -122.5723); 
Cascade Creek (37.9867, -122.6287); Cascade Creek (37.9157, -122.5655); 
Larkspur Creek (37.9305, -122.5514); Old Mill Creek (37.9176, -
122.5746); Ross Creek (37.9558, -122.5752); San Anselmo Creek (37.9825, 
-122.6420); Sleepy Hollow Creek (38.0074, -122.5794); Tamalpais Creek 
(37.9481, -122.5674).
    (ii) [Reserved]
    (6) Santa Clara Hydrologic Unit 2205--(i) Coyote Creek Hydrologic 
Sub-area 220530. Outlet(s) = Coyote Creek (Lat 37.4629, Long -121.9894; 
37.2275, -121.7514) upstream to endpoint(s) in: Arroyo Aguague (37.3907, 
-121.7836); Coyote Creek (37.2778, -121.8033; 37.1677, -121.6301); Upper 
Penitencia Creek (37.3969, -121.7577).
    (ii) Guadalupe River--San Jose Hydrologic Sub-area 220540. Outlet(s) 
= Coyote Creek (Lat 37.2778, Long -121.8033) upstream to endpoint(s) in: 
Coyote Creek (37.2275, -121.7514).
    (iii) Palo Alto Hydrologic Sub-area 220550. Outlet(s) = Guadalupe 
River (Lat 37.4614, Long -122.0240); San Francisquito Creek (37.4658, -
122.1152); Stevens Creek (37.4456, -122.0641) upstream to endpoint(s) 
in: Bear Creek (37.4164, -122.2690); Corte Madera Creek (37.4073, -
122.2378); Guadalupe River (37.3499, -.121.9094); Los Trancos (37.3293, 
-122.1786); McGarvey Gulch (37.4416, -122.2955); Squealer Gulch 
(37.4335, -122.2880); Stevens Creek (37.2990, -122.0778); West Union 
Creek (37.4528, -122.3020).
    (7) San Pablo Hydrologic Unit 2206--(i) Petaluma River Hydrologic 
Sub-area 220630. Outlet(s) = Petaluma River (Lat 38.1111, Long -
122.4944) upstream to endpoint(s) in: Adobe Creek (38.2940, -122.5834); 
Lichau Creek (38.2848, -122.6654); Lynch Creek (38.2748, -122.6194); 
Petaluma River (38.3010, -122.7149); Schultz Slough (38.1892, -
122.5953); San Antonio Creek (38.2049, -122.7408); Unnamed Tributary 
(38.3105, -122.6146); Willow Brook (38.3165, -122.6113).
    (ii) Sonoma Creek Hydrologic Sub-area 220640. Outlet(s) = Sonoma 
Creek (Lat 38.1525, Long -122.4050) upstream to endpoint(s) in: Agua 
Caliente Creek (38.3368, -122.4518); Asbury Creek (38.3401, -122.5590); 
Bear Creek (38.4656, -122.5253); Calabazas Creek (38.4033, -122.4803); 
Carriger Creek (38.3031, -122.5336); Graham Creek (38.3474, -122.5607); 
Hooker Creek (38.3809, -122.4562); Mill Creek (38.3395, -122.5454); 
Nathanson Creek (38.3350, -122.4290); Rodgers Creek (38.2924, -
122.5543); Schell Creek (38.2554, -122.4510); Sonoma Creek (38.4507, -
122.4819); Stuart Creek (38.3936, -122.4708); Yulupa Creek (38.3986, -
122.5934).
    (iii) Napa River Hydrologic Sub-area 220650. Outlet(s) = Napa River 
(Lat 38.0786, Long -122.2468) upstream to endpoint(s) in: Bale Slough 
(38.4806, -122.4578); Bear Canyon Creek (38.4512, -122.4415); Bell 
Canyon Creek (38.5551, -122.4827); Brown's Valley Creek (38.3251, -
122.3686); Canon Creek (38.5368, -122.4854); Carneros Creek (38.3108, -
122.3914); Conn Creek (38.4843, -122.3824); Cyrus Creek (38.5776, -
122.6032); Diamond Mountain Creek

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(38.5645, -122.5903); Dry Creek (38.4334, -122.4791); Dutch Henery Creek 
(38.6080, -122.5253); Garnett Creek (38.6236, -122.5860); Huichica Creek 
(38.2811, -122.3936); Jericho Canyon Creek (38.6219, -122.5933); Miliken 
Creek (38.3773, -122.2280); Mill Creek (38.5299, -122.5513); Murphy 
Creek (38.3155, -122.2111); Napa Creek (38.3047, -122.3134); Napa River 
(38.6638, -122.6201); Pickle Canyon Creek (38.3672, -122.4071); Rector 
Creek (38.4410, -122.3451); Redwood Creek (38.3765, -122.4466); Ritchie 
Creek (38.5369, -122.5652); Sarco Creek (38.3567, -122.2071); Soda Creek 
(38.4156, -122.2953); Spencer Creek (38.2729, -122.1909); Sulphur Creek 
(38.4895, -122.5088); Suscol Creek (38.2522, -122.2157); Tulucay Creek 
(38.2929, -122.2389); Unnamed Tributary (38.4248, -122.4935); Unnamed 
Tributary (38.4839, -122.5161); York Creek (38.5128, -122.5023).
    (8) Big Basin Hydrologic Unit 3304--(i) Davenport Hydrologic Sub-
area 330411. Outlet(s) = Baldwin Creek (Lat 36.9669, -122.1232); 
Davenport Landing Creek (37.0231, -122.2153); Laguna Creek (36.9824, -
122.1560); Liddell Creek (37.0001, -122.1816); Majors Creek (36.9762, -
122.1423); Molino Creek (37.0368, -122.2292); San Vicente Creek 
(37.0093, -122.1940); Scott Creek (37.0404, -122.2307); Waddell Creek 
(37.0935, -122.2762); Wilder Creek (36.9535, -122.0775) upstream to 
endpoint(s) in: Baldwin Creek (37.0126, -122.1006); Bettencourt Creek 
(37.1081, -122.2386); Big Creek (37.0832, -122.2175); Davenport Landing 
Creek (37.0475, -122.1920); East Branch Waddell Creek (37.1482, -
122.2531); East Fork Liddell Creek (37.0204, -122.1521); Henry Creek 
(37.1695, -122.2751); Laguna Creek (37.0185, -122.1287); Little Creek 
(37.0688, -122.2097); Majors Creek (36.9815, -122.1374); Middle Fork 
East Fork Liddell Creek (37.0194, -122.1608); Mill Creek (37.1034, -
122.2218); Mill Creek (37.0235, -122.2218); Molino Creek (37.0384, -
122.2125); Peasley Gulch (36.9824, -122.0861); Queseria Creek (37.0521, 
-122.2042); San Vicente Creek (37.0417, -122.1741); Scott Creek 
(37.1338, -122.2306); West Branch Waddell Creek (37.1697, -122.2642); 
West Fork Liddell Creek (37.0117, -122.1763); Unnamed Tributary 
(37.0103, -122.0701); Wilder Creek (37.0107, -122.0770).
    (ii) San Lorenzo Hydrologic Sub-area 330412. Outlet(s) = Arana Gulch 
Creek (Lat 36.9676, Long -122.0028); San Lorenzo River (36.9641, -
122.0125) upstream to endpoint(s) in: Arana Gulch Creek (37.0270, -
121.9739); Bean Creek (37.0956, -122.0022); Bear Creek (37.1711, -
122.0750); Boulder Creek (37.1952, -122.1892); Bracken Brae Creek 
(37.1441, -122.1459); Branciforte Creek (37.0701, -121.9749); Crystal 
Creek (37.0333, -121.9825); Carbonera Creek (37.0286, -122.0202); 
Central Branch Arana Gulch Creek (37.0170, -121.9874); Deer Creek 
(37.2215, -122.0799); Fall Creek (37.0705, -122.1063); Gold Gulch Creek 
(37.0427, -122.1018); Granite Creek (37.0490, -121.9979); Hare Creek 
(37.1544, -122.1690); Jameson Creek (37.1485, -122.1904); Kings Creek 
(37.2262, -122.1059); Lompico Creek (37.1250, -122.0496); Mackenzie 
Creek (37.0866, -122.0176); Mountain Charlie Creek (37.1385, -121.9914); 
Newell Creek (37.1019, -122.0724); San Lorenzo River (37.2276, -
122.1384); Two Bar Creek (37.1833, -122.0929); Unnamed Tributary 
(37.2106, -122.0952); Unnamed Tributary (37.2032, -122.0699); Zayante 
Creek (37.1062, -122.0224).
    (iii) Aptos-Soquel Hydrologic Sub-area 330413. Outlet(s) = Aptos 
Creek (Lat 36.9692, Long -121.9065); Soquel Creek (36.9720, -121.9526) 
upstream to endpoint(s) in: Amaya Creek (37.0930, -121.9297); Aptos 
Creek (37.0545, -121.8568); Bates Creek (37.0099, -121.9353); Bridge 
Creek (37.0464, -121.8969); East Branch Soquel Creek (37.0690, -
121.8297); Hester Creek (37.0967, -121.9458); Hinckley Creek (37.0671, -
121.9069); Moores Gulch (37.0573, -121.9579); Valencia Creek (37.0323, -
121.8493); West Branch Soquel Creek (37.1095, -121.9606).
    (iv) Ano Nuevo Hydrologic Sub-area 330420. Outlet(s) = Ano Nuevo 
Creek (Lat 37.1163, Long -122.3060); Gazos Creek (37.1646, -122.3625); 
Whitehouse Creek (37.1457, -122.3469) upstream to endpoint(s) in: Ano 
Nuevo Creek (37.1269, -122.3039); Bear Gulch (37.1965, -122.2773); Gazos 
Creek (37.2088, -122.2868); Old Womans Creek (37.1829, -122.3033); 
Whitehouse Creek (37.1775, -122.2900).

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    (9) Maps of critical habitat for the Central California Coast 
Steelhead ESU follow:
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    (i) South-Central California Coast Steelhead (O. mykiss). Critical 
habitat is designated to include the areas defined in the following 
CALWATER Hydrologic Units:
    (1) Pajaro River Hydrologic Unit 3305--(i) Watsonville Hydrologic 
Sub-area 330510. Outlet(s) = Pajaro River (Lat 36.8506, Long -121.8101) 
upstream to endpoint(s) in: Banks Canyon Creek (36.9958, -121.7264); 
Browns Creek

[[Page 452]]

(37.0255, -121.7754); Casserly Creek (36.9902, -121.7359); Corralitos 
Creek (37.0666, -121.8359); Gaffey Creek (36.9905, -121.7132); Gamecock 
Canyon (37.0362, -121.7587); Green Valley Creek (37.0073, -121.7256); 
Ramsey Gulch (37.0447, -121.7755); Redwood Canyon (37.0342, -121.7975); 
Salsipuedes Creek (36.9350, -121.7426); Shingle Mill Gulch (37.0446, -
121.7971).
    (ii) Santa Cruz Mountains Hydrologic Sub-area 330520. Outlet(s) = 
Pajaro River (Lat 36.9010, Long -121.5861); Bodfish Creek (37.0041, -
121.6667); Pescadero Creek (36.9125, -121.5882); Tar Creek (36.9304, -
121.5520); Uvas Creek (37.0146, -121.6314) upstream to endpoint(s) in: 
Blackhawk Canyon (37.0168, -121.6912); Bodfish Creek (36.9985, -
121.6859); Little Arthur Creek (37.0299, -121.6874); Pescadero Creek 
(36.9826, -121.6274); Tar Creek (36.9558, -121.6009); Uvas Creek 
(37.0660, -121.6912).
    (iii) South Santa Clara Valley Hydrologic Sub-area 330530. Outlet(s) 
= San Benito River (Lat 36.8961, Long -121.5625); Pajaro River (36.9222, 
-121.5388) upstream to endpoint(s) in: Arroyo Dos Picachos (36.8866, -
121.3184); Bodfish Creek (37.0080, -121.6652); Bodfish Creek (37.0041, -
121.6667); Carnadero Creek (36.9603, -121.5328); Llagas Creek (37.1159, 
-121.6938); Miller Canal (36.9698, -121.4814); Pacheco Creek (37.0055, -
121.3598); San Felipe Lake (36.9835, -121.4604); Tar Creek (36.9304, -
121.5520); Tequisquita Slough (36.9170, -121.3887); Uvas Creek (37.0146, 
-121.6314).
    (iv) Pacheco-Santa Ana Creek Hydrologic Sub-area 330540. Outlet(s) = 
Arroyo Dos Picachos (Lat 36.8866, Long -121.3184); Pacheco Creek 
(37.0055, -121.3598) upstream to endpoint(s) in: Arroyo Dos Picachos 
(36.8912, -121.2305); Cedar Creek (37.0922, -121.3641); North Fork 
Pacheco Creek (37.0514, -121.2911); Pacheco Creek (37.0445, -121.2662); 
South Fork Pacheco Creek (37.0227, -121.2603).
    (v) San Benito River Hyddrologic Sub-area 330550. Outlet(s) = San 
Benito River (Lat 36.7838, Long -121.3731) upstream to endpoint(s) in: 
Bird Creek (36.7604, -121.4506); Pescadero Creek (36.7202, -121.4187); 
San Benito River (36.3324, -120.6316); Sawmill Creek (36.3593, -
120.6284).
    (2) Carmel River Hydrologic Unit 3307--(i) Carmel River Hydrologic 
Sub-area 330700. Outlet(s) = Carmel River (Lat 36.5362, Long -121.9285) 
upstream to endpoint(s) in: Aqua Mojo Creek (36.4711, -121.5407); Big 
Creek (36.3935, -121.5419); Blue Creek (36.2796, -121.6530); Boronda 
Creek (36.3542, -121.6091); Bruce Fork (36.3221, -121.6385); Cachagua 
Creek (36.3909 , -121.5950); Carmel River (36.2837, -121.6203); Danish 
Creek (36.3730, -121.7590); Hitchcock Canyon Creek (36.4470, -121.7597); 
James Creek (36.3235, -121.5804); Las Garzas Creek (36.4607, -121.7944); 
Millers Fork (36.2961, -121.5697); Pinch Creek (36.3236, -121.5574); 
Pine Creek (36.3827, -121.7727); Potrero Creek (36.4801, -121.8258); 
Rana Creek (36.4877, -121.5840); Rattlesnake Creek (36.3442, -121.7080); 
Robertson Canyon Creek (36.4776, -121.8048); Robertson Creek (36.3658, -
121.5165); San Clemente Creek (36.4227, -121.8115); Tularcitos Creek 
(36.4369, -121.5163); Ventana Mesa Creek (36.2977, -121.7116).
    (ii) [Reserved]
    (3) Santa Lucia Hydrologic Unit 3308-(i) Santa Lucia Hydrologic Sub-
area 330800. Outlet(s) = Alder Creek (Lat 35.8578, Long -121.4165); Big 
Creek (36.0696, -121.6005); Big Sur River (36.2815, -121.8593); Bixby 
Creek (36.3713, -121.9029); Garrapata Creek (36.4176, -121.9157); 
Limekiln Creek (36.0084, -121.5196); Little Sur River (36.3350, -
121.8934); Malpaso Creek (36.4814, -121.9384); Mill Creek (35.9825, -
121.4917); Partington Creek (36.1753, -121.6973); Plaskett Creek 
(35.9195, -121.4717); Prewitt Creek (35.9353, -121.4760); Rocky Creek 
(36.3798, -121.9028); Salmon Creek (35.3558, -121.3634); San Jose Creek 
(36.5259, -121.9253); Vicente Creek (36.0442, -121.5855); Villa Creek 
(35.8495, -121.4087); Willow Creek (35.8935, -121.4619) upstream to 
endpoint(s) in: Alder Creek (35.8685, -121.3974); Big Creek (36.0830, -
121.5884); Big Sur River (36.2490, -121.7269); Bixby Creek (36.3715, -
121.8440); Devil's Canyon Creek (36.0773, -121.5695); Garrapata Creek 
(36.4042, -121.8594); Joshua Creek (36.4182, -121.9000); Limekiln Creek 
(36.0154, -121.5146); Little Sur River (36.3312, -121.7557); Malpaso 
Creek (36.4681, -121.8800); Mill Creek (35.9907, -121.4632); North Fork 
Big Sur River (36.2178, -121.5948); Partington Creek (36.1929, -
121.6825); Plaskett Creek

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(35.9228, -121.4493); Prewitt Creek (35.9419, -121.4598); Redwood Creek 
(36.2825, -121.6745); Rocky Creek (36.3805, -121.8440); San Jose Creek 
(36.4662, -121.8118); South Fork Little Sur River (36.3026, -121.8093); 
Vicente Creek (36.0463, -121.5780); Villa Creek (35.8525, -121.3973); 
Wildcat Canyon Creek (36.4124, -121.8680); Williams Canyon Creek 
(36.4466, -121.8526); Willow Creek (35.9050, -121.3851).
    (ii) [Reserved]
    (4) Salinas River Hydrologic Unit 3309-(i) Neponset Hydrologic Sub-
area 330911. Outlet(s) = Salinas River (Lat 36.7498, Long -121.8055); 
upstream to endpoint(s) in: Gabilan Creek (36.6923, -121.6300); Old 
Salinas River (36.7728, -121.7884); Tembladero Slough (36.6865, -
121.6409).
    (ii) Chualar Hydrologic Sub-area 330920. Outlet(s) = Gabilan Creek 
(Lat 36.6923, Long -121.6300) upstream.
    (iii) Soledad Hydrologic Sub-area 330930. Outlet(s) = Salinas River 
(Lat 36.4878, Long -121.4688) upstream to endpoint(s) in: Arroyo Seco 
River (36.2644, -121.3812); Reliz Creek (36.2438, -121.2881).
    (iv) Upper Salinas Valley Hydrologic Sub-area 330940. Outlet(s) = 
Salinas River (Lat 36.3183, Long -121.1837) upstream.
    (v) Arroyo Seco Hydrologic Sub-area 330960. Outlet(s) = Arroyo Seco 
River (Lat 36.2644, Long -121.3812); Reliz Creek ( 36.2438, -121.2881); 
Vasqueros Creek (36.2648, -121.3368) upstream to endpoint(s) in: Arroyo 
Seco River (36.2041, -121.5002); Calaboose Creek (36.2942, -121.5082); 
Church Creek (36.2762, -121.5877); Horse Creek (36.2046, -121.3931); 
Paloma Creek (36.3195, -121.4894); Piney Creek (36.3023, -121.5629); 
Reliz Creek (36.1935, -121.2777); Rocky Creek (36.2676, -121.5225); 
Santa Lucia Creek (36.1999, -121.4785); Tassajara Creek (36.2679, -
121.6149); Vaqueros Creek (36.2479, -121.3369); Willow Creek (36.2059, -
121.5642).
    (vi) Gabilan Range Hydrologic Sub-area 330970. Outlet(s) = Gabilan 
Creek (Lat 36.7800, -121.5836) upstream to endpoint(s) in: Gabilan Creek 
(36.7335, -121.4939).
    (vii) Paso Robles Hydrologic Sub-area 330981. Outlet(s) = Salinas 
River (Lat 35.9241, Long -120.8650) upstream to endpoint(s) in:
    Atascadero Creek (35.4468, -120.7010); Graves Creek (35.4838, -
120.7631); Jack Creek (35.5815, -120.8560); Nacimiento River (35.7610, -
120.8853); Paso Robles Creek (35.5636, -120.8455); Salinas River 
(35.3886, -120.5582); San Antonio River (35.7991, -120.8849); San Marcos 
Creek (35.6734, -120.8140); Santa Margarita Creek (35.3923, -120.6619); 
Santa Rita Creek (35.5262, -120.8396); Sheepcamp Creek (35.6145, -
120.7795); Summit Creek (35.6441, -120.8046); Tassajera Creek (35.3895, 
-120.6926); Trout Creek (35.3394, -120.5881); Willow Creek (35.6107, -
120.7720).
    (5) Estero Bay Hydrologic Unit 3310--(i) San Carpoforo Hydrologic 
Sub-area 331011. Outlet(s) = San Carpoforo Creek (Lat 35.7646, Long -
121.3247) upstream to endpoint(s) in: Dutra Creek (35.8197, -121.3273); 
Estrada Creek (35.7710, -121.2661); San Carpoforo Creek (35.8202, -
121.2745); Unnamed Tributary (35.7503, -121.2703); Wagner Creek 
(35.8166, -121.2387).
    (ii) Arroyo De La Cruz Hydrologic Sub-area 331012. Outlet(s) = 
Arroyo De La Cruz (Lat 35.7097, Long -121.3080) upstream to endpoint(s) 
in: Arroyo De La Cruz (35.6986, -121.1722); Burnett Creek (35.7520, -
121.1920); Green Canyon Creek (35.7375 , -121.2314); Marmolejo Creek 
(35.6774, -121.1082); Spanish Cabin Creek (35.7234, -121.1497); Unnamed 
Tributary (35.7291, -121.1977); West Fork Burnett Creek (35.7516, -
121.2075).
    (iii) San Simeon Hydrologic Sub-area 331013. Outlet(s) = Arroyo del 
Corral (Lat 35.6838, Long -121.2875); Arroyo del Puerto (35.6432, -
121.1889); Little Pico Creek (35.6336, -121.1639); Oak Knoll Creek 
(35.6512, -121.2197); Pico Creek (35.6155, -121.1495); San Simeon Creek 
(35.5950, -121.1272) upstream to endpoint(s) in: Arroyo Laguna (35.6895, 
-121.2337); Arroyo del Corral (35.6885, -121.2537); Arroyo del Puerto 
(35.6773, -121.1713); Little Pico Creek (35.6890, -121.1375); Oak Knoll 
Creek (35.6718, -121.2010); North Fork Pico Creek (35.6886, -121.0861); 
San Simeon Creek (35.6228, -121.0561); South Fork Pico Creek (35.6640, -
121.0685); Steiner Creek (35.6032, -121.0640); Unnamed Tributary 
(35.6482, -121.1067); Unnamed Tributary (35.6616, -121.0639); Unnamed 
Tributary (35.6741, -121.0981); Unnamed Tributary

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(35.6777, -121.1503); Unnamed Tributary (35.6604, -121.1571); Unnamed 
Tributary (35.6579, -121.1356); Unnamed Tributary (35.6744, -121.1187); 
Unnamed Tributary (35.6460, -121.1373); Unnamed Tributary (35.6839, -
121.0955); Unnamed Tributary (35.6431, -121.0795); Unnamed Tributary 
(35.6820, -121.2130); Unnamed Tributary (35.6977, -121.2613); Unnamed 
Tributary (35.6702, -121.1884); Unnamed Tributary (35.6817, -121.0885); 
Van Gordon Creek (35.6286, -121.0942).
    (iv) Santa Rosa Hydrologic Sub-area 331014. Outlet(s) = Santa Rosa 
Creek (Lat 35.5685, Long -121.1113) upstream to endpoint(s) in: Green 
Valley Creek (35.5511, -120.9471); Perry Creek (35.5323-121.0491); Santa 
Rosa Creek (35.5525, -120.9278); Unnamed Tributary (35.5965, -120.9413); 
Unnamed Tributary (35.5684, -120.9211); Unnamed Tributary (35.5746, -
120.9746).
    (v) Villa Hydrologic Sub-area 331015. Outlet(s) = Villa Creek (Lat 
35.4601, Long -120.9704) upstream to endpoint(s) in: Unnamed Tributary 
(35.4798, -120.9630); Unnamed Tributary (35.5080, -121.0171); Unnamed 
Tributary (35.5348, -120.8878); Unnamed Tributary (35.5510, -120.9406); 
Unnamed Tributary (35.5151, -120.9497); Unnamed Tributary (35.4917, -
120.9584); Unnamed Tributary (35.5173, -120.9516); Villa Creek (35.5352, 
-120.8942).
    (vi) Cayucos Hydrologic Sub-area 331016. Outlet(s) = Cayucos Creek 
(Lat 35.4491, Long -120.9079) upstream to endpoint(s) in: Cayucos Creek 
(35.5257, -120.9271); Unnamed Tributary (35.5157, -120.9005); Unnamed 
Tributary (35.4943, -120.9513); Unnamed Tributary (35.4887, -120.8968).
    (vii) Old Hydrologic Sub-area 331017. Outlet(s) = Old Creek (Lat 
35.4345, Long -120.8868) upstream to endpoint(s) in: Old Creek (35.4480, 
-120.8871)
    (viii) Toro Hydrologic Sub-area 331018. Outlet(s) = Toro Creek (Lat 
35.4126, Long -120.8739) upstream to endpoint(s) in: Toro Creek 
(35.4945, -120.7934); Unnamed Tributary (35.4917, -120.7983).
    (ix) Morro Hydrologic Sub-area 331021. Outlet(s) = Morro Creek (Lat 
35.3762, Long -120.8642) upstream to endpoint(s) in: East Fork Morro 
Creek (35.4218, -120.7282); Little Morro Creek (35.4155, -120.7532); 
Morro Creek (35.4291, -120.7515); Unnamed Tributary (35.4292, -
120.8122); Unnamed Tributary (35.4458, -120.7906); Unnamed Tributary 
(35.4122, -120.8335); Unnamed Tributary (35.4420, -120.7796).
    (x) Chorro Hydrologic Sub-area 331022. Outlet(s) = Chorro Creek (Lat 
35.3413, Long -120.8388) upstream to endpoint(s) in: Chorro Creek 
(35.3340, -120.6897); Dairy Creek (35.3699, -120.6911); Pennington Creek 
(35.3655, -120.7144); San Bernardo Creek (35.3935, -120.7638); San 
Luisito (35.3755, -120.7100); Unnamed Tributary (35.3821, -120.7217); 
Unnamed Tributary (35.3815, -120.7350).
    (xi) Los Osos Hydrologic Sub-area 331023. Outlet(s) = Los Osos Creek 
(Lat 35.3379, Long -120.8273) upstream to endpoint(s) in: Los Osos Creek 
(35.2718, -120.7627).
    (xii) San Luis Obispo Creek Hydrologic Sub-area 331024. Outlet(s) = 
San Luis Obispo Creek (Lat 35.1822, Long -120.7303) upstream to 
endpoint(s) in: Brizziolari Creek (35.3236, -120.6411); Froom Creek 
(35.2525, -120.7144); Prefumo Creek (35.2615, -120.7081); San Luis 
Obispo Creek (35.3393, -120.6301); See Canyon Creek (35.2306, -
120.7675); Stenner Creek (35.3447, -120.6584); Unnamed Tributary 
(35.2443, -120.7655).
    (xiii) Point San Luis Hydrologic Sub-area 331025. Outlet(s) = Coon 
Creek (Lat 35.2590, Long -120.8951); Islay Creek (35.2753, -120.8884) 
upstream to endpoint(s) in: Coon Creek (35.2493, -120.7774); Islay Creek 
(35.2574, -120.7810); Unnamed Tributary (35.2753, -120.8146); Unnamed 
Tributary (35.2809, -120.8147); Unnamed Tributary (35.2648, -120.7936).
    (xiv) Pismo Hydrologic Sub-area 331026. Outlet(s) = Pismo Creek (Lat 
35.1336, Long -120.6408) upstream to endpoint(s) in: East Corral de 
Piedra Creek (35.2343, -120.5571); Pismo Creek (35.1969, -120.6107); 
Unnamed Tributary (35.2462, -120.5856).
    (xv) Oceano Hydrologic Sub-area 331031. Outlet(s) = Arroyo Grande 
Creek (Lat 35.1011, Long -120.6308) upstream to endpoint(s) in: Arroyo 
Grande Creek (35.1868, -120.4881); Los Berros Creek (35.0791, -
120.4423).
    (6) Maps of critical habitat for the South-Central Coast Steelhead 
ESU follow:

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    (j) Southern California Steelhead (O. mykiss). Critical habitat is 
designated to include the areas defined in the following CALWATER 
Hydrologic Units:
    (1) Santa Maria River Hydrologic Unit 3312--(i) Santa Maria 
Hydrologic Sub-area 331210. Outlet(s) = Santa Maria River (Lat 34.9710, 
Long -120.6504) upstream to endpoint(s) in:

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Cuyama River (34.9058, -120.3026); Santa Maria River (34.9042, -
120.3077); Sisquoc River (34.8941, -120.3063).
    (ii) Sisquoc Hydrologic Sub-area 331220. Outlet(s) = Sisquoc River 
(Lat 34.8941, Long -120.3063) upstream to endpoint(s) in: Abel Canyon 
(34.8662, -119.8354); Davey Brown Creek (34.7541, -119.9650); Fish Creek 
(34.7531, -119.9100); Foresters Leap (34.8112, -119.7545); La Brea Creek 
(34.8804, -120.1316); Horse Creek (34.8372, -120.0171); Judell Creek 
(34.7613, -119.6496); Manzana Creek (34.7082, -119.8324); North Fork La 
Brea Creek (34.9681, -120.0112); Sisquoc River (34.7087, -119.6409); 
South Fork La Brea Creek (34.9543, -119.9793); South Fork Sisquoc River 
(34.7300, -119.7877); Unnamed Tributary (34.9342, -120.0589); Unnamed 
Tributary (34.9510, -120.0140); Unnamed Tributary (34.9687, -120.1419); 
Unnamed Tributary (34.9626, -120.1500); Unnamed Tributary (34.9672, -
120.1194); Unnamed Tributary (34.9682, -120.0990); Unnamed Tributary 
(34.9973, -120.0662); Unnamed Tributary (34.9922, -120.0294); Unnamed 
Tributary (35.0158, -120.0337); Unnamed Tributary (34.9464, -120.0309); 
Unnamed Tributary (34.7544, -119.9476); Unnamed Tributary (34.7466, -
119.9047); Unnamed Tributary (34.7646, -119.8673); Unnamed Tributary 
(34.8726, -119.9525); Unnamed Tributary (34.8884, -119.9325); Unnamed 
Tributary (34.8659, -119.8982); Unnamed Tributary (34.8677, -119.8513); 
Unnamed Tributary (34.8608, -119.8541); Unnamed Tributary (34.8784, -
119.8458); Unnamed Tributary (34.8615, -119.8159); Unnamed Tributary 
(34.8694, -119.8229); Unnamed Tributary (34.7931, -119.8485); Unnamed 
Tributary (34.7846, -119.8337); Unnamed Tributary (34.7872, -119.7684); 
Unnamed Tributary (34.7866, -119.7552); Unnamed Tributary (34.8129, -
119.7714); Unnamed Tributary (34.7760, -119.7448); Unnamed Tributary 
(34.7579, -119.7999); Unnamed Tributary (34.7510, -119.7921); Unnamed 
Tributary (34.7769, -119.7149); Unnamed Tributary (34.7617, -119.6878); 
Unnamed Tributary (34.7680, -119.6503); Unnamed Tributary (34.7738, -
119.6493); Unnamed Tributary (34.7332, -119.6286); Unnamed Tributary 
(34.7519, -119.6209); Unnamed Tributary (34.7188, -119.6673); Water 
Canyon (34.8754, -119.9324).
    (2) Santa Ynex Hydrologic Unit 3314--(i) Mouth of Santa Ynez 
Hydrologic Sub-area 331410. Outlet(s) = Santa Ynez River (Lat 34.6930, 
Long -120.6033) upstream to endpoint(s) in: San Miguelito Creek 
(34.6309, -120.4631).
    (ii) Santa Ynez, Salsipuedes Hydrologic Sub-area 331420. Outlet(s) = 
Santa Ynez River (Lat 34.6335, Long -120.4126) upstream to endpoint(s) 
in: El Callejon Creek (34.5475, -120.2701); El Jaro Creek (34.5327, -
120.2861); Llanito Creek (34.5499, -120.2762); Salsipuedes Creek 
(34.5711, -120.4076).
    (iii) Santa Ynez, Zaca Hydrologic Sub-area 331430. Outlet(s) = Santa 
Ynez River (Lat 34.6172, Long -120.2352) upstream.
    (iv) Santa Ynez to Bradbury Hydrologic Sub-area 331440. Outlet(s) = 
Santa Ynez River (Lat 34.5847, Long -120.1445) upstream to endpoint(s) 
in: Alisal Creek (34.5465, -120.1358); Hilton Creek (34.5839, -
119.9855); Quiota Creek (34.5370, -120.0321); San Lucas Creek (34.5558, 
-120.0119); Santa Ynez River (34.5829, -119.9805); Unnamed Tributary 
(34.5646, -120.0043).
    (3) South Coast Hydrologic Unit 3315--(i) Arroyo Hondo Hydrologic 
Sub-area 331510. Outlet(s) = Alegria Creek (Lat 34.4688, Long -
120.2720); Arroyo Hondo Creek (34.4735, -120.1415); Cojo Creek (34.4531, 
-120.4165); Dos Pueblos Creek (34.4407, -119.9646); El Capitan Creek 
(34.4577, -120.0225); Gato Creek (34.4497, -119.9885); Gaviota Creek 
(34.4706, -120.2267); Jalama Creek (34.5119, -120.5023); Refugio Creek 
(34.4627, -120.0696); Sacate Creek (34.4708, -120.2942); San Augustine 
Creek (34.4588, -120.3542); San Onofre Creek (34.4699, -120.1872); Santa 
Anita Creek (34.4669, -120.3066); Tecolote Creek (34.4306, -119.9173) 
upstream to endpoint(s) in: Alegria Creek (34.4713, -120.2714); Arroyo 
Hondo Creek (34.5112, -120.1704); Cojo Creek (34.4840, -120.4106); Dos 
Pueblos Creek (34.5230, -119.9249); El Capitan Creek (34.5238, -
119.9806); Escondido Creek (34.5663, -120.4643); Gato Creek (34.5203, -
119.9758); Gaviota Creek (34.5176, -120.2179); Jalama Creek (34.5031, -
120.3615); La Olla (34.4836, -120.4071); Refugio Creek (34.5109, -
120.0508); Sacate Creek (34.4984, -120.2993); San Augustine Creek 
(34.4598, -120.3561); San Onofre Creek (34.4853, -120.1890); Santa Anita 
Creek (34.4742, -120.3085); Tecolote Creek (34.5133, -119.9058); Unnamed 
Tributary (34.5527, -120.4548); Unnamed Tributary (34.4972, -120.3026).

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    (ii) UCSB Slough Hydrologic Sub-area 331531. Outlet(s) = San Pedro 
Creek (Lat 34.4179, Long -119.8295); Tecolito Creek (34.4179, -119.8295) 
upstream to endpoint(s) in: Atascadero Creek (34.4345, -119.7755); 
Carneros Creek (34.4674, -119.8584); Cieneguitas Creek (34.4690, -
119.7565); Glen Annie Creek (34.4985, -119.8666); Maria Ygnacio Creek 
(34.4900, -119.7830); San Antonio Creek (34.4553, -119.7826); San Pedro 
Creek (34.4774, -119.8359); San Jose Creek (34.4919, -119.8032); 
Tecolito Creek (34.4478, -119.8763); Unnamed Tributary (34.4774, -
119.8846).
    (iii) Mission Hydrologic Sub-area 331532. Outlet(s) = Arroyo Burro 
Creek (Lat 34.4023, Long -119.7430); Mission Creek (34.4124, -119.6876); 
Sycamore Creek (34.4166, -119.6668) upstream to endpoint(s) in: Arroyo 
Burro Creek (34.4620, -119.7461); Mission Creek (34.4482, -119.7089); 
Rattlesnake Creek (34.4633, -119.6902); San Roque Creek (34.4530, -
119.7323); Sycamore Creek (34.4609, -119.6841).
    (iv) San Ysidro Hydrologic Sub-area 331533. Outlet(s) = Montecito 
Creek (Lat 34.4167, Long -119.6344); Romero Creek (34.4186, -119.6208); 
San Ysidro Creek (34.4191, -119.6254); upstream to endpoint(s) in: Cold 
Springs Creek (34.4794, -119.6604); Montecito Creek (34.4594, -
119.6542); Romero Creek (34.4452, -119.5924); San Ysidro Creek (34.4686, 
-119.6229); Unnamed Tributary (34.4753, -119.6437).
    (v) Carpinteria Hydrologic Sub-area 331534. Outlet(s) = Arroyo 
Paredon (Lat 34.4146, Long -119.5561); Carpenteria Lagoon (Carpenteria 
Creek) (34.3904, -119.5204); Rincon Lagoon (Rincon Creek) (34.3733, -
119.4769) upstream to endpoint(s) in: Arroyo Paredon (34.4371, -
119.5481); Carpinteria Creek (34.4429, -119.4964); El Dorado Creek 
(34.4682, -119.4809); Gobernador Creek (34.4249, -119.4746); Rincon 
Lagoon (Rincon Creek) (34.3757, -119.4777); Steer Creek (34.4687, -
119.4596); Unnamed Tributary (34.4481, -119.5112).
    (4) Ventura River Hydrologic Unit 4402--(i) Ventura Hydrologic Sub-
area 440210. Outlet(s) = Ventura Estuary (Ventura River) (Lat 34.2742, 
Long -119.3077) upstream to endpoint(s) in: Canada Larga (34.3675, -
119.2377); Hammond Canyon (34.3903, -119.2230); Sulphur Canyon (34.3727, 
-119.2362); Unnamed Tributary (34.3344, -119.2426); Unnamed Tributary 
(34.3901, -119.2747).
    (ii) Ventura Hydrologic Sub-area 440220. Outlet(s) = Ventura River 
(Lat 34.3517, Long -119.3069) upstream to endpoint(s) in: Coyote Creek 
(34.3735, -119.3337); Matilija Creek (34.4846, -119.3086); North Fork 
Matilija Creek (34.5129, -119.2737); San Antonio Creek (34.4224, -
119.2644); Ventura River (34.4852, -119.3001).
    (iii) Lions Hydrologic Sub-area 440231. Outlet(s) = Lion Creek (Lat 
34.4222, Long -119.2644) upstream to endpoint(s) in: Lion Creek 
(34.4331, -119.2004).
    (iv) Thatcher Hydrologic Sub-area 440232. Outlet(s) = San Antonio 
Creek (Lat 34.4224, Long -119.2644) upstream to endpoint(s) in: San 
Antonio Creek (34.4370, -119.2417).
    (5) Santa Clara Calleguas Hydrologic Unit 4403--(i) Mouth of Santa 
Clara Hydrologic Sub-area 440310. Outlet(s) = Santa Clara River (Lat 
34.2348, Long -119.2568) upstream.
    (ii) Santa Clara, Santa Paula Hydrologic Sub-area 440321. Outlet(s) 
= Santa Clara River (Lat 34.2731, Long -119.1474) upstream to 
endpoint(s) in: Santa Paula Creek (34.4500, -119.0563).
    (iii) Sisar Hydrologic Sub-area 440322. Outlet(s) = Sisar Creek (Lat 
34.4271, Long -119.0908) upstream to endpoint(s) in: Sisar Creek 
(34.4615, -119.1312).
    (iv) Sespe, Santa Clara Hydrologic Sub-area 440331. Outlet(s) = 
Santa Clara River (Lat 34.3513, Long -119.0397) upstream to endpoint(s) 
in: Sespe Creek (34.4509, -118.9258).
    (v) Sespe Hydrologic Sub-area 440332. Outlet(s) = Sespe Creek (Lat 
34.4509, Long -118.9258) upstream to endpoint(s) in: Abadi Creek 
(34.6099, -119.4223); Alder Creek (34.5691, -118.9528); Bear Creek 
(34.5314, -119.1041); Chorro Grande Creek (34.6285, -119.3245); Fourfork 
Creek (34.4735, -118.8893); Howard Creek (34.5459, -119.2154); Lady Bug 
Creek (34.5724, -119.3173); Lion Creek (34.5047, -119.1101); Little 
Sespe Creek (34.4598, -118.8938); Munson Creek (34.6152, -119.2963); 
Park Creek (34.5537, -119.0028); Piedra Blanca Creek (34.6109, -
119.1838); Pine Canyon Creek (34.4488, -118.9661); Portrero John Creek 
(34.6010, -119.2695); Red Reef Creek (34.5344, -119.0441); Rose Valley 
Creek (34.5195, -119.1756); Sespe Creek (34.6295, -119.4412); Timber 
Creek (34.5184,

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-119.0698); Trout Creek (34.5869, -119.1360); Tule Creek (34.5614, -
119.2986); Unnamed Tributary (34.5125, -118.9311); Unnamed Tributary 
(34.5537, -119.0088); Unnamed Tributary (34.5537, -119.0048); Unnamed 
Tributary (34.5757, -119.3051); Unnamed Tributary (34.5988, -119.2736); 
Unnamed Tributary (34.5691, -119.3428); West Fork Sespe Creek (34.5106, 
-119.0502).
    (vi) Santa Clara, Hopper Canyon, Piru Hydrologic Sub-area 440341. 
Outlet(s) = Santa Clara River (Lat 34.3860, Long -118.8711) upstream to 
endpoint(s) in: Hopper Creek (34.4263, -118.8309); Piru Creek (34.4613, 
-118.7537); Santa Clara River (34.3996, -118.7837).
    (6) Santa Monica Bay Hydrologic Unit 4404--(i) Topanga Hydrologic 
Sub-area 440411. Outlet(s) = Topanga Creek (Lat 34.0397, Long -118.5831) 
upstream to endpoint(s) in: Topanga Creek (34.0838, -118.5980).
    (ii) Malibu Hydrologic Sub-area 440421. Outlet(s) = Malibu Creek 
(Lat 34.0322, Long -118.6796) upstream to endpoint(s) in: Malibu Creek 
(34.0648, -118.6987).
    (iii) Arroyo Sequit Hydrologic Sub-area 440444. Outlet(s) = Arroyo 
Sequit (Lat 34.0445, Long -118.9338) upstream to endpoint(s) in: Arroyo 
Sequit (34.0839, -118.9186); West Fork Arroyo Sequit (34.0909, -
118.9235).
    (7) Calleguas Hydrologic Unit 4408--(i) Calleguas Estuary Hydrologic 
Sub-area 440813. Outlet(s) = Mugu Lagoon (Calleguas Creek) (Lat 34.1093, 
Long -119.0917) upstream to endpoint(s) in: Mugu Lagoon (Calleguas 
Creek) (Lat 34.1125, Long -119.0816).
    (ii) [Reserved]
    (8) San Juan Hydrologic Unit 4901--(i) Middle Trabuco Hydrologic 
Sub-area 490123. Outlet(s) = Trabuco Creek (Lat 33.5165, Long -117.6727) 
upstream to endpoint(s) in: Trabuco Creek (33.5264, -117.6700).
    (ii) Lower San Juan Hydrologic Sub-area 490127. Outlet(s) = San Juan 
Creek (Lat 33.4621, Long -117.6842) upstream to endpoint(s) in: San Juan 
Creek (33.4929, -117.6610); Trabuco Creek (33.5165, -117.6727).
    (iii) San Mateo Hydrologic Sub-area 490140. Outlet(s) = San Mateo 
Creek (Lat 33.3851, Long -117.5933) upstream to endpoint(s) in: San 
Mateo Creek (33.4779, -117.4386); San Mateo Canyon (33.4957, -117.4522).
    (9) Maps of critical habitat for the Southern California Steelhead 
ESU follow:

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    (k) Central Valley Spring Run Chinook Salmon (O. tshawytscha). 
Critical habitat is designated to include the areas defined in the 
following CALWATER Hydrologic Units:
    (1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic 
Sub-area 550410. Outlet(s) = Glenn-Colusa Canal (Lat 39.6762, Long -
122.0151); Stony Creek (39.7122, -122.0072) upstream to endpoint(s) in: 
Glenn-Colusa Canal

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(39.7122, -122.0072); Stony Creek (39.8178, -122.3253).
    (ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento 
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: Antelope 
Creek (40.2023, -122.1275); Big Chico Creek (39.7757, -121.7525); Blue 
Tent Creek (40.2284, -122.2551); Burch Creek (39.8526, -122.1502); 
Butler Slough (40.1579, -122.1320); Coyote Creek (40.0929, -122.1621); 
Craig Creek (40.1617, -122.1350); Deer Creek (40.0144, -121.9481); 
Dibble Creek (40.2003, -122.2420); Dye Creek (40.0904, -122.0767); Elder 
Creek (40.0526, -122.1717); Jewet Creek (39.8913, -122.1005); Kusal 
Slough (39.7577, -121.9699); Lindo Channel (39.7623, -121.7923); McClure 
Creek (40.0074, -122.1729); Mill Creek (40.0550, -122.0317); Mud Creek 
(39.7931, -121.8865); New Creek (40.1873, -122.1350); Oat Creek 
(40.0847, -122.1658); Pine Creek (39.8760, -121.9777); Red Bank Creek 
(40.1391, -122.2157); Reeds Creek (40.1687, -122.2377); Rice Creek 
(39.8495, -122.1626); Rock Creek (39.8189, -121.9124); Salt Creek 
(40.1869, -122.1845); Singer Creek (39.9200, -121.9612); Thomes Creek 
(39.8822, -122.5527); Toomes Creek (39.9808, -122.0642); Unnamed 
Tributary (39.8532, -122.1627); Unnamed Tributary (40.1682, -122.1459); 
Unnamed Tributary (40.1867, -122.1353).
    (2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520) 
upstream to endpoint(s) in: Inks Creek 40.3418, -122.1332).
    (ii) Battle Creek Hydrologic Sub-area 550712 Outlet(s) = Battle 
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Battle 
Creek (40.4228, -121.9975); North Fork Battle Creek (40.4746, -
121.8436); South Fork Battle Creek (40.3549, -121.6861).
    (iii) Inwood Hydrologic Sub-area 550722. Outlet(s) = Bear Creek (Lat 
40.4352, Long -122.2039) upstream to endpoint(s) in: Bear Creek 
(40.4859, -122.1529); Dry Creek (40.4574, -122.1993).
    (3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic 
Sub-area 550810. Outlet(s)= Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Anderson Creek (40.3910, -
122.1984); Ash Creek (40.4451, -122.1815); Battle Creek (40.4083, -
122.1102); Churn Creek (40.5431, -122.3395); Clear Creek (40.5158, -
122.5256); Cow Creek (40.5438, -122.1318); Olney Creek (40.5262, -
122.3783); Paynes Creek (40.2810, -122.1587); Stillwater Creek (40.4789, 
-122.2597).
    (ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) = 
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s) 
in: Cottonwood Creek (40.3943, -122.5254); Middle Fork Cottonwood Creek 
(40.3314, -122.6663); South Fork Cottonwood Creek (40.1578, -122.5809).
    (4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek 
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7757, 
Long -121.7525) upstream to endpoint(s) in: Big Chico Creek (39.8873, -
121.6979).
    (ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek 
(Lat 40.0144, Long -121.9481) upstream to endpoint(s) in: Deer Creek 
(40.2019, -121.5130).
    (iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill 
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill 
Creek (40.3997, -121.5131).
    (iv) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = Antelope 
Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) in: Antelope 
Creek (40.2416, -121.8630); North Fork Antelope Creek (40.2691, -
121.8226); South Fork Antelope Creek (40.2309, -121.8325).
    (5) Sacramento Delta Hydrologic Unit 5510--(i) Sacramento Delta 
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0612, 
Long -121.7948) upstream to endpoint(s) in: Cache Slough (38.3086, -
121.7633); Delta Cross Channel (38.2433, -121.4964); Elk Slough 
(38.4140, -121.5212); Elkhorn Slough (38.2898, -121.6271); Georgiana 
Slough (38.2401, -121.5172); Miners Slough (38.2864, -121.6051); 
Prospect Slough (38.1477, -121.6641); Sevenmile Slough (38.1171, -
121.6298); Steamboat Slough (38.3052, -121.5737); Sutter Slough 
(38.3321, -121.5838); Threemile Slough (38.1155, -121.6835); Yolo Bypass 
(38.5800, -121.5838).
    (ii) [Reserved]
    (6) Valley-Putah-Cache Hydrologic Unit 5511--(i) Lower Putah Creek 
Hydrologic Sub-area 551120. Outlet(s) = Yolo Bypass (Lat 38.5800, Long -
121.5838) upstream to endpoint(s) in: Sacramento

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Bypass (38.6057, -121.5563); Yolo Bypass (38.7627, -121.6325).
    (ii) [Reserved]
    (7) Marysville Hydrologic Unit 5515--(i) Lower Yuba River Hydrologic 
Sub-area 551510. Outlet(s) = Bear River (Lat 38.9398, Long -121.5790) 
upstream to endpoint(s) in: Bear River (38.9783, -121.5166).
    (ii) Lower Yuba River Hydrologic Sub-area 551530. Outlet(s) = Yuba 
River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: Yuba 
River (39.2203, -121.3314).
    (iii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) = 
Feather River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: 
Feather River (39.5203, -121.5475).
    (8) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic 
Sub-Area 551712. Outlet(s) = Dry Creek (Lat 39.2207, Long -121.4088); 
Yuba River (39.2203, -121.3314) upstream to endpoint(s) in: Dry Creek 
(39.3201, -121.3117); Yuba River (39.2305, -121.2813).
    (ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River 
(Lat 39.2305, Long -121.2813) upstream to endpoint(s) in: Yuba River 
(39.2388, -121.2698).
    (9) Valley-American Hydrologic Unit 5519--(i) Lower American 
Hydrologic Sub-area 551921. Outlet(s) = American River (Lat 38.5971, 
Long -121.5088) upstream to endpoint(s) in: American River (38.5669, -
121.3827).
    (ii) Pleasant Grove Hydrologic Sub-area 551922. Outlet(s) = 
Sacramento River (Lat 38.5965, Long -121.5086) upstream to endpoint(s) 
in: Feather River (39.1270, -121.5981).
    (10) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter 
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604, 
Long -121.6767) upstream to endpoint(s) in: Tisdale Bypass (39.0261, -
121.7456).
    (ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) = 
Sacramento River (Lat 38.7849, Long -121.6219) upstream to endpoint(s) 
in: Butte Creek (39.1987, -121.9285); Butte Slough (39.1987, -121.9285); 
Nelson Slough (38.8901, -121.6352); Sacramento Slough (38.7843, -
121.6544); Sutter Bypass (39.1417, -121.8196; 39.1484, -121.8386); 
Tisdale Bypass (39.0261, -121.7456); Unnamed Tributary (39.1586, -
121.8747).
    (iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte 
Creek (Lat 39.1990, Long -121.9286); Sacramento River (39.4141, -
122.0087) upstream to endpoint(s) in: Butte creek (39.7095, -121.7506); 
Colusa Bypass (39.2276, -121.9402); Unnamed Tributary (39.6762, -
122.0151).
    (11) Butte Creek Hydrologic Unit 5521--Upper Little Chico Hydrologic 
Sub-area 552130. Outlet(s) = Butte Creek (Lat 39.7096, -121.7504) 
upstream to endpoint(s) in Butte Creek (39.8665, -121.6344).
    (12) Shasta Bally Hydrologic Unit 5524--(i) Platina Hydrologic Sub-
area 552436. Outlet(s) = Middle Fork Cottonwood Creek (Lat 40.3314, -
122.6663) upstream to endpoint(s) in Beegum Creek (40.3066, -122.9205); 
Middle Fork Cottonwood Creek (40.3655, -122.7451).
    (ii) Spring Creek Hydrologic Sub-area 552440. Outlet(s) = Sacramento 
River (Lat 40.5943, Long -122.4343) upstream to endpoint(s) in: 
Sacramento River (40.6116, -122.4462)
    (iii) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear 
Creek (Lat 40.5158, Long -122.5256) upstream to endpoint(s) in: Clear 
Creek (40.5992, -122.5394).
    (13) Maps of critical habitat for the Central Valley Spring Run 
Chinook ESU follow:

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    (l) Central Valley steelhead (O. mykiss). Critical habitat is 
designated to include the areas defined in the following CALWATER 
Hydrologic Units:
    (1) Tehama Hydrologic Unit 5504--(i) Lower Stony Creek Hydrologic 
Sub-area 550410. Outlet(s) = Stony Creek (Lat 39.6760, Long -121.9732) 
upstream to

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endpoint(s) in: Stony Creek (39.8199, -122.3391).
    (ii) Red Bluff Hydrologic Sub-area 550420. Outlet(s) = Sacramento 
River (Lat 39.6998, Long -121.9419) upstream to endpoint(s) in: Antelope 
Creek (40.2023, -122.1272); Big Chico Creek (39.7757, -121.7525); Blue 
Tent Creek (40.2166, -122.2362); Burch Creek (39.8495, -122.1615); 
Butler Slough (40.1579, -122.1320); Craig Creek (40.1617, -122.1350); 
Deer Creek (40.0144, -121.9481); Dibble Creek (40.2002, -122.2421); Dye 
Creek (40.0910, -122.0719); Elder Creek (40.0438, -122.2133); Lindo 
Channel (39.7623, -121.7923); McClure Creek (40.0074, -122.1723); Mill 
Creek (40.0550, -122.0317); Mud Creek (39.7985, -121.8803); New Creek 
(40.1873, -122.1350); Oat Creek (40.0769, -122.2168); Red Bank Creek 
(40.1421, -122.2399); Rice Creek (39.8495, -122.1615); Rock Creek 
(39.8034, -121.9403); Salt Creek (40.1572, -122.1646); Thomes Creek 
(39.8822, -122.5527); Unnamed Tributary (40.1867, -122.1353); Unnamed 
Tributary (40.1682, -122.1459); Unnamed Tributary (40.1143, -122.1259); 
Unnamed Tributary (40.0151, -122.1148); Unnamed Tributary (40.0403, -
122.1009); Unnamed Tributary (40.0514, -122.0851); Unnamed Tributary 
(40.0530, -122.0769).
    (2) Whitmore Hydrologic Unit 5507--(i) Inks Creek Hydrologic Sub-
area 550711. Outlet(s) = Inks Creek (Lat 40.3305, Long -122.1520) 
upstream to endpoint(s) in: Inks Creek (40.3418, -122.1332).
    (ii) Battle Creek Hydrologic Sub-area 550712. Outlet(s) = Battle 
Creek (Lat 40.4083, Long -122.1102) upstream to endpoint(s) in: Baldwin 
Creek (40.4369, -121.9885); Battle Creek (40.4228, -121.9975); Brush 
Creek (40.4913, -121.8664); Millseat Creek (40.4808, -121.8526); Morgan 
Creek (40.3654, -121.9132); North Fork Battle Creek (40.4877, -
121.8185); Panther Creek (40.3897, -121.6106); South Ditch (40.3997, -
121.9223); Ripley Creek (40.4099, -121.8683); Soap Creek (40.3904, -
121.7569); South Fork Battle Creek (40.3531, -121.6682); Unnamed 
Tributary (40.3567, -121.8293); Unnamed Tributary (40.4592, -121.8671).
    (iii) Ash Creek Hydrologic Sub-area 550721. Outlet(s) = Ash Creek 
(Lat 40.4401, Long -122.1375) upstream to endpoint(s) in: Ash Creek 
(40.4628, -122.0066).
    (iv) Inwood Hydrologic Sub-area 550722. Outlet(s) = Ash Creek (Lat 
40.4628, Long -122.0066); Bear Creek (40.4352, -122.2039) upstream to 
endpoint(s) in: Ash Creek (40.4859, -121.8993); Bear Creek (40.5368, -
121.9560); North Fork Bear Creek (40.5736, -121.8683).
    (v) South Cow Creek Hydrologic Sub-area 550731. Outlet(s) = South 
Cow Creek (Lat 40.5438, Long -122.1318) upstream to endpoint(s) in: 
South Cow Creek (40.6023, -121.8623).
    (vi) Old Cow Creek Hydrologic Sub-area 550732. Outlet(s) = Clover 
Creek (Lat 40.5788, Long -122.1252); Old Cow Creek (40.5442, -122.1317) 
upstream to endpoint(s) in: Clover Creek (40.6305, -122.0304); Old Cow 
Creek (40.6295, -122.9619).
    (vii) Little Cow Creek Hydrologic Sub-area 550733. Outlet(s) = 
Little Cow Creek (Lat 40.6148, -122.2271); Oak Run Creek (40.6171, -
122.1225) upstream to endpoint(s) in: Little Cow Creek (40.7114, -
122.0850); Oak Run Creek (40.6379, -122.0856).
    (3) Redding Hydrologic Unit 5508--(i) Enterprise Flat Hydrologic 
Sub-area 550810. Outlet(s) = Sacramento River (Lat 40.2526, Long -
122.1707) upstream to endpoint(s) in: Ash Creek (40.4401, -122.1375); 
Battle Creek (40.4083, -122.1102); Bear Creek (40.4360, -122.2036); 
Calaboose Creek (40.5742, -122.4142); Canyon Creek (40.5532, -122.3814); 
Churn Creek (40.5986, -122.3418); Clear Creek (40.5158, -122.5256); 
Clover Creek (40.5788, -122.1252); Cottonwood Creek (40.3777, -
122.1991); Cow Creek (40.5437, -122.1318); East Fork Stillwater Creek 
(40.6495, -122.2934); Inks Creek (40.3305, -122.1520); Jenny Creek 
(40.5734, -122.4338); Little Cow Creek (40.6148, -122.2271); Oak Run 
(40.6171, -122.1225); Old Cow Creek (40.5442, -122.1317); Olney Creek 
(40.5439, -122.4687); Oregon Gulch (40.5463, -122.3866); Paynes Creek 
(40.3024, -122.1012); Stillwater Creek (40.6495, -122.2934); Sulphur 
Creek (40.6164, -122.4077).
    (ii) Lower Cottonwood Hydrologic Sub-area 550820. Outlet(s) = 
Cottonwood Creek (Lat 40.3777, Long -122.1991) upstream to endpoint(s) 
in: Cold Fork Cottonwood Creek (40.2060, -122.6608); Cottonwood Creek 
(40.3943, -122.5254); Middle Fork Cottonwood Creek (40.3314, -122.6663); 
North Fork Cottonwood

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Creek (40.4539, -122.5610); South Fork Cottonwood Creek (40.1578, -
122.5809).
    (4) Eastern Tehama Hydrologic Unit 5509--(i) Big Chico Creek 
Hydrologic Sub-area 550914. Outlet(s) = Big Chico Creek (Lat 39.7757, 
Long -121.7525) upstream to endpoint(s) in: Big Chico Creek (39.8898, -
121.6952).
    (ii) Deer Creek Hydrologic Sub-area 550920. Outlet(s) = Deer Creek 
(Lat 40.0142, Long -121.9476) upstream to endpoint(s) in: Deer Creek 
(40.2025, -121.5130).
    (iii) Upper Mill Creek Hydrologic Sub-area 550942. Outlet(s) = Mill 
Creek (Lat 40.0550, Long -122.0317) upstream to endpoint(s) in: Mill 
Creek (40.3766, -121.5098); Rocky Gulch Creek (40.2888, -121.5997).
    (iv) Dye Creek Hydrologic Sub-area 550962. Outlet(s) = Dye Creek 
(Lat 40.0910, Long -122.0719) upstream to endpoint(s) in: Dye Creek 
(40.0996, -121.9612).
    (v) Antelope Creek Hydrologic Sub-area 550963. Outlet(s) = Antelope 
Creek (Lat 40.2023, Long -122.1272) upstream to endpoint(s) in: Antelope 
Creek (40.2416, -121.8630); Middle Fork Antelope Creek (40.2673, -
121.7744); North Fork Antelope Creek (40.2807, -121.7645); South Fork 
Antelope Creek (40.2521, -121.7575).
    (5) Sacramento Delta Hydrologic Unit 5510--Sacramento Delta 
Hydrologic Sub-area 551000. Outlet(s) = Sacramento River (Lat 38.0653, 
Long -121.8418) upstream to endpoint(s) in: Cache Slough (38.2984, -
121.7490); Elk Slough (38.4140, -121.5212); Elkhorn Slough (38.2898, -
121.6271); Georgiana Slough (38.2401, -121.5172); Horseshoe Bend 
(38.1078, -121.7117); Lindsey Slough (38.2592, -121.7580); Miners Slough 
(38.2864, -121.6051); Prospect Slough (38.2830, -121.6641); Putah Creek 
(38.5155, -121.5885); Sevenmile Slough (38.1171, -121.6298); Streamboat 
Slough (38.3052, -121.5737); Sutter Slough (38.3321, -121.5838); 
Threemile Slough (38.1155, -121.6835); Ulatis Creek (38.2961, -
121.7835); Unnamed Tributary (38.2937, -121.7803); Unnamed Tributary 
(38.2937, -121.7804); Yolo Bypass (38.5800, -121.5838).
    (6) Valley-Putah-Cache Hydrologic Unit 5511--Lower Putah Creek 
Hydrologic Sub-area 551120. Outlet(s) = Sacramento Bypass (Lat 38.6057, 
Long -121.5563); Yolo Bypass (38.5800, -121.5838) upstream to 
endpoint(s) in: Sacramento Bypass (38.5969, -121.5888); Yolo Bypass 
(38.7627, -121.6325).
    (7) American River Hydrologic Unit 5514--Auburn Hydrologic Sub-area 
551422. Outlet(s) = Auburn Ravine (Lat 38.8921, Long -121.2181); Coon 
Creek (38.9891, -121.2556); Doty Creek (38.9401, -121.2434) upstream to 
endpoint(s) in: Auburn Ravine (38.8888, -121.1151); Coon Creek (38.9659, 
-121.1781); Doty Creek (38.9105, -121.1244).
    (8) Marysville Hydrologic Unit 5515--(i) Lower Bear River Hydrologic 
Sub-area 551510. Outlet(s) = Bear River (Lat 39.9398, Long -121.5790) 
upstream to endpoint(s) in: Bear River (39.0421, -121.3319).
    (ii) Lower Yuba River Hydrologic Sub-area 551530. Outlet(s) = Yuba 
River (Lat 39.1270, Long -121.5981) upstream to endpoint(s) in: Yuba 
River (39.2203, -121.3314).
    (iii) Lower Feather River Hydrologic Sub-area 551540. Outlet(s) = 
Feather River (Lat 39.1264, Long -121.5984) upstream to endpoint(s) in: 
Feather River (39.5205, -121.5475).
    (9) Yuba River Hydrologic Unit 5517--(i) Browns Valley Hydrologic 
Sub-area 551712. Outlet(s) = Dry Creek (Lat 39.2215, Long -1121.4082); 
Yuba River (39.2203, -1121.3314) upstream to endpoint(s) in: Dry Creek 
(39.3232, Long -1121.3155); Yuba River (39.2305, -1121.2813).
    (ii) Englebright Hydrologic Sub-area 551714. Outlet(s) = Yuba River 
(Lat 39.2305, Long -1121.2813) upstream to endpoint(s) in: Yuba River 
(39.2399, -1121.2689).
    (10) Valley American Hydrologic Unit 5519--(i) Lower American 
Hydrologic Sub-area 551921. Outlet(s) = American River (Lat 38.5971, -
1121.5088) upstream to endpoint(s) in: American River (38.6373, -
1121.2202); Dry Creek (38.7554, -1121.2676); Miner's Ravine (38.8429, -
1121.1178); Natomas East Main Canal (38.6646, -1121.4770); Secret 
Ravine(38.8541, -1121.1223).
    (ii) Pleasant Grove Hydrologic Sub-area 551922. Outlet(s) = 
Sacramento River (Lat 38.6026, Long -1121.5155) upstream to endpoint(s) 
in: Auburn Ravine (38.8913, -1121.2424); Coon Creek (38.9883, -
1121.2609); Doty Creek (38.9392, -1121.2475); Feather River (39.1264, -
1121.5984).

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    (11) Colusa Basin Hydrologic Unit 5520--(i) Sycamore-Sutter 
Hydrologic Sub-area 552010. Outlet(s) = Sacramento River (Lat 38.7604, 
Long -1121.6767) upstream to endpoint(s) in: Tisdale Bypass (39.0261, -
1121.7456).
    (ii) Sutter Bypass Hydrologic Sub-area 552030. Outlet(s) = 
Sacramento River (Lat 38.7851, Long -1121.6238) upstream to endpoint(s) 
in: Butte Creek (39.1990, -1121.9286); Butte Slough (39.1987, -
1121.9285); Nelson Slough (38.8956, -1121.6180); Sacramento Slough 
(38.7844, -1121.6544); Sutter Bypass (39.1586, -1121.8747).
    (iii) Butte Basin Hydrologic Sub-area 552040. Outlet(s) = Butte 
Creek (Lat 39.1990, Long -1121.9286); Sacramento River (39.4141, -
1122.0087) upstream to endpoint(s) in: Butte Creek (39.7096, -
1121.7504); Colusa Bypass (39.2276, -1121.9402); Little Chico Creek 
(39.7380, -1121.7490); Little Dry Creek (39.6781, -1121.6580).
    (12) Butte Creek Hydrologic Unit 5521--(i) Upper Dry Creek 
Hydrologic Sub-area 552110. Outlet(s) = Little Dry Creek (Lat 39.6781, -
1121.6580) upstream to endpoint(s) in: Little Dry Creek (39.7424, -
1121.6213).
    (ii) Upper Butte Creek Hydrologic Sub-area 552120. Outlet(s) = 
Little Chico Creek (Lat 39.7380, Long -1121.7490) upstream to 
endpoint(s) in: Little Chico Creek (39.8680, -1121.6660).
    (iii) Upper Little Chico Hydrologic Sub-area 552130. Outlet(s) = 
Butte Creek (Lat 39.7096, Long -1121.7504) upstream to endpoint(s) in: 
Butte Creek (39.8215, -1121.6468); Little Butte Creek (39.8159, -
1121.5819).
    (13) Ball Mountain Hydrologic Unit 5523--Thomes Creek Hydrologic 
Sub-area 552310. Outlet(s) = Thomes Creek (39.8822, -1122.5527) upstream 
to endpoint(s) in: Doll Creek (39.8941, -1122.9209); Fish Creek 
(40.0176, -1122.8142); Snake Creek (39.9945, -1122.7788); Thomes Creek 
(39.9455, -1122.8491); Willow Creek (39.8941, -1122.9209).
    (14) Shasta Bally Hydrologic Unit 5524--(i) South Fork Hydrologic 
Sub-area 552433. Outlet(s) = Cold Fork Cottonwood Creek (Lat 40.2060, 
Long -1122.6608); South Fork Cottonwood Creek (40.1578, -1122.5809) 
upstream to endpoint(s) in: Cold Fork Cottonwood Creek (40.1881, -
1122.8690); South Fork Cottonwood Creek (40.1232, -1122.8761).
    (ii) Platina Hydrologic Sub-area 552436. Outlet(s) = Middle Fork 
Cottonwood Creek (Lat 40.3314, Long -1122.6663) upstream to endpoint(s) 
in: Beegum Creek (40.3149, -1122.9776): Middle Fork Cottonwood Creek 
(40.3512, -1122.9629).
    (iii) Spring Creek Hydrologic Sub-area 552440. Outlet(s) = 
Sacramento River (Lat 40.5943, Long -1122.4343) upstream to endpoint(s) 
in: Middle Creek (40.5904, -1121.4825); Rock Creek (40.6155, -
1122.4702); Sacramento River (40.6116, -1122.4462); Salt Creek (40.5830, 
-1122.4586); Unnamed Tributary (40.5734, -1122.4844).
    (iv) Kanaka Peak Hydrologic Sub-area 552462. Outlet(s) = Clear Creek 
(Lat 40.5158, Long -1122.5256) upstream to endpoint(s) in: Clear Creek 
(40.5998, 122.5399).
    (15) North Valley Floor Hydrologic Unit 5531--(i) Lower Mokelumne 
Hydrologic Sub-area 553120. Outlet(s) = Mokelumne River (Lat 38.2104, 
Long -1121.3804) upstream to endpoint(s) in: Mokelumne River (38.2263, -
1121.0241); Murphy Creek (38.2491, -1121.0119).
    (ii) Lower Calaveras Hydrologic Sub-area 553130. Outlet(s) = 
Calaveras River (Lat 37.9836, Long -1121.3110); Mormon Slough (37.9456,-
121.2907) upstream to endpoint(s) in: Calaveras River (38.1025, -
1120.8503); Mormon Slough (38.0532, -1121.0102); Stockton Diverting 
Canal (37.9594, -1121.2024).
    (16) Upper Calaveras Hydrologic Unit 5533--New Hogan Reservoir 
Hydrologic Sub-area 553310. Outlet(s) = Calaveras River (Lat 38.1025, 
Long -1120.8503) upstream to endpoint(s) in: Calaveras River (38.1502, -
1120.8143).
    (17) Stanislaus River Hydrologic Unit 5534--Table Mountain 
Hydrologic Sub-area 553410. Outlet(s) = Stanislaus River (Lat 37.8355, 
Long -1120.6513) upstream to endpoint(s) in: Stanislaus River (37.8631, 
-1120.6298).
    (18) San Joaquin Valley Floor Hydrologic Unit 5535--(i) Riverbank 
Hydrologic Sub-area 553530. Outlet(s) = Stanislaus River (Lat 37.6648, 
Long -1121.2414) upstream to endpoint(s) in: Stanislaus River (37.8355, 
-1120.6513).
    (ii) Turlock Hydrologic Sub-area 553550. Outlet(s) = Tuolumne River 
(Lat 37.6059, Long -1121.1739) upstream to

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endpoint(s) in: Tuolumne River (37.6401, -1120.6526).
    (iii) Montpelier Hydrologic Sub-area 553560. Outlet(s) = Tuolumne 
River (Lat 37.6401, Long -1120.6526) upstream to endpoint(s) in: 
Tuolumne River (37.6721, -1120.4445).
    (iv) El Nido-Stevinson Hydrologic Sub-area 553570. Outlet(s) = 
Merced River (Lat 37.3505, Long -1120.9619) upstream to endpoint(s) in: 
Merced River (37.3620, -1120.8507).
    (v) Merced Hydrologic Sub-area 553580. Outlet(s) = Merced River (Lat 
37.3620, Long -1120.8507) upstream to endpoint(s) in: Merced River 
(37.4982, -1120.4612).
    (vi) Fahr Creek Hydrologic Sub-area 553590. Outlet(s) = Merced River 
(Lat 37.4982, Long -1120.4612) upstream to endpoint(s) in: Merced River 
(37.5081, -1120.3581).
    (19) Delta-Mendota Canal Hydrologic Unit 5541--(i) Patterson 
Hydrologic Sub-area 554110. Outlet(s) = San Joaquin River (Lat 37.6763, 
Long -1121.2653) upstream to endpoint(s) in: San Joaquin River (37.3491, 
-1120.9759).
    (ii) Los Banos Hydrologic Sub-area 554120. Outlet(s) = Merced River 
(Lat 37.3490, Long -1120.9756) upstream to endpoint(s) in: Merced River 
(37.3505, -1120.9619).
    (20) North Diablo Range Hydrologic Unit 5543--North Diablo Range 
Hydrologic Sub-area 554300. Outlet(s) = San Joaquin River (Lat 38.0247, 
Long -1121.8218) upstream to endpoint(s) in: San Joaquin River (38.0246, 
-1121.7471).
    (21) San Joaquin Delta Hydrologic Unit 5544--San Joaquin Delta 
Hydrologic Sub-area 554400. Outlet(s) = San Joaquin River (Lat 38.0246, 
Long -1121.7471) upstream to endpoint(s) in: Big Break (38.0160, -
1121.6849); Bishop Cut (38.0870, -1121.4158); Calaveras River (37.9836, 
-1121.3110); Cosumnes River (38.2538, -1121.4074); Disappointment Slough 
(38.0439, -1121.4201); Dutch Slough (38.0088, -1121.6281); Empire Cut 
(37.9714, -1121.4762); False River (38.0479, -1121.6232); Frank's Tract 
(38.0220, -1121.5997); Frank's Tract (38.0300, -1121.5830); Holland Cut 
(37.9939, -1121.5757); Honker Cut (38.0680, -1121.4589); Kellog Creek 
(37.9158, -1121.6051); Latham Slough (37.9716, -1121.5122); Middle River 
(37.8216, -1121.3747); Mokelumne River (38.2104, -1121.3804); Mormon 
Slough (37.9456,-121.2907); Mosher Creek (38.0327, -1121.3650); North 
Mokelumne River (38.2274, -1121.4918); Old River (37.8086, -1121.3274); 
Orwood Slough (37.9409, -1121.5332); Paradise Cut (37.7605, -1121.3085); 
Pixley Slough (38.0443, -1121.3868); Potato Slough (38.0440, -
1121.4997); Rock Slough (37.9754, -1121.5795); Sand Mound Slough 
(38.0220, -1121.5997); Stockton Deep Water Channel (37.9957, -
1121.4201); Turner Cut (37.9972, -1121.4434); Unnamed Tributary 
(38.1165, -1121.4976); Victoria Canal (37.8891, -1121.4895); White 
Slough (38.0818, -1121.4156); Woodward Canal (37.9037, -1121.4973).
    (22) Maps of critical habitat for the Central Valley Steelhead ESU 
follow:

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[70 FR 52536, Sept. 2, 2005]



Sec. 226.212  Critical habitat for 13 Evolutionarily Significant Units 
(ESUs) of salmon and steelhead (Oncorhynchus spp.) in Washington,

Oregon and Idaho.

    Critical habitat is designated in the following states and counties 
for the following ESUs as described in paragraph (a) of this section, 
and as further described in paragraphs (b) through (g) of this section. 
The textual descriptions of critical habitat for each ESU are included 
in paragraphs (i) through (u) of this section, and these descriptions 
are the definitive source for determining the critical habitat 
boundaries. General location maps are provided at the end of each ESU 
description (paragraphs (i) through (u) of this section) and are 
provided for general guidance purposes only, and not as a definitive 
source for determining critical habitat boundaries.
    (a) Critical habitat is designated for the following ESUs in the 
following states and counties:

------------------------------------------------------------------------
                  ESU                            State--Counties
------------------------------------------------------------------------
(1) Puget Sound chinook salmon.........  WA--Clallam, Jefferson, King,
                                          Mason, Pierce, Skagit,
                                          Snohomish, Thurston, and
                                          Whatcom.
(2) Lower Columbia River chinook salmon  (i) OR--Clackamas, Clatsop,
                                          Columbia, Hood River, and
                                          Multnomah.
                                         (ii) WA--Clark, Cowlitz,
                                          Klickitat, Lewis, Pacific,
                                          Skamania, and Wahkiakum.
(3) Upper Willamette River chinook       (i) OR--Benton, Clackamas,
 salmon.                                  Clatsop, Columbia, Lane, Linn,
                                          Marion, Multnomah, Polk, and
                                          Yamhill.
                                         (ii) WA--Clark, Cowlitz,
                                          Pacific, and Wahkiakum.
(4) Upper Columbia River spring-run      (i) OR--Clatsop, Columbia,
 chinook salmon.                          Gilliam, Hood River, Morrow,
                                          Multnomah, Sherman, Umatilla,
                                          and Wasco.
                                         (ii) WA--Benton, Chelan, Clark,
                                          Cowlitz, Douglas, Franklin,
                                          Grant, Kittitas, Klickitat,
                                          Okanogan, Pacific, Skamania,
                                          Wahkiakum, Walla Walla, and
                                          Yakima.
(5) Hood Canal summer-run chum salmon..  WA--Clallam, Jefferson, Kitsap,
                                          and Mason.
(6) Columbia River chum salmon.........  (i) OR--Clatsop, Columbia, Hood
                                          River, and Multnomah.
                                         (ii) WA--Clark, Cowlitz,
                                          Klickitat, Lewis, Pacific,
                                          Skamania, and Wahkiakum.
(7) Ozette Lake sockeye salmon.........  WA--Clallam.
(8) Upper Columbia River steelhead.....  (i) OR--Clatsop, Columbia,
                                          Gilliam, Hood River, Morrow,
                                          Multnomah, Umatilla, and
                                          Wasco.
                                         (ii) WA--Adams, Benton, Chelan,
                                          Clark, Cowlitz, Douglas,
                                          Franklin, Grant, Kittitas,
                                          Klickitat, Okanogan, Pacific,
                                          Skamania, Wahkiakum, Walla
                                          Walla, and Yakima.
(9) Snake River Basin steelhead........  (i) ID--Adams, Blaine,
                                          Clearwater, Custer, Idaho,
                                          Latah, Lemhi, Lewis, Nez
                                          Perce, and Valley.
                                         (ii) OR--Clatsop, Columbia,
                                          Gilliam, Hood River, Morrow,
                                          Multnomah, Sherman, Umatilla,
                                          Union, Wallowa, and Wasco.
                                         (iii) WA--Asotin, Benton,
                                          Clark, Columbia, Cowlitz,
                                          Franklin, Garfield, Klickitat,
                                          Pacific, Skamania, Walla
                                          Walla, Wahkiakum, and Whitman.
(10) Middle Columbia River steelhead...  (i) OR--Clatsop, Columbia,
                                          Crook, Gilliam, Grant, Hood
                                          River, Jefferson, Morrow,
                                          Multnomah, Sherman, Umatilla,
                                          Union, Wallowa, Wasco, and
                                          Wheeler.
                                         (ii) WA--Benton, Clark,
                                          Cowlitz, Columbia, Franklin,
                                          King, Kittitas, Klickitat,
                                          Lewis, Pacific, Pierce,
                                          Skamania, Wahkiakum, Walla
                                          Walla, and Yakima.
(11) Lower Columbia River steelhead....  (i) OR--Clackamas, Clatsop,
                                          Columbia, Hood River, Marion,
                                          and Multnomah.
                                         (ii) WA--Clark, Cowlitz,
                                          Klickitat, Lewis, Pacific,
                                          Skamania, and Wahkiakum.
(12) Upper Willamette River steelhead..  (i) OR--Benton, Clackamas,
                                          Clatsop, Columbia, Linn,
                                          Marion, Multnomah, Polk,
                                          Tillamook, Washington, and
                                          Yamhill.
                                         (ii) WA--Clark, Cowlitz,
                                          Pacific, and Wahkiakum.
(13) Oregon Coast coho salmon..........  OR--Benton, Clatsop, Columbia,
                                          Coos, Curry, Douglas, Lane,
                                          Oregon Lincoln, Polk,
                                          Tillamook, Washington, and
                                          Yamhill.
------------------------------------------------------------------------

    (b) Critical habitat boundaries. Critical habitat includes the 
stream channels within the designated stream reaches, and includes a 
lateral extent as defined by the ordinary high-water line (33 CFR 
319.11). In areas where ordinary high-water line has not been defined, 
the lateral extent will be defined by

[[Page 511]]

the bankfull elevation. Bankfull elevation is the level at which water 
begins to leave the channel and move into the floodplain and is reached 
at a discharge which generally has a recurrence interval of 1 to 2 years 
on the annual flood series. Critical habitat in lake areas is defined by 
the perimeter of the water body as displayed on standard 1:24,000 scale 
topographic maps or the elevation of ordinary high water, whichever is 
greater. In estuarine and nearshore marine areas critical habitat 
includes areas contiguous with the shoreline from the line of extreme 
high water out to a depth no greater than 30 meters relative to mean 
lower low water.
    (c) Primary constituent elements. Within these areas, the primary 
constituent elements essential for the conservation of these ESUs are 
those sites and habitat components that support one or more life stages, 
including:
    (1) Freshwater spawning sites with water quantity and quality 
conditions and substrate supporting spawning, incubation and larval 
development;
    (2) Freshwater rearing sites with:
    (i) Water quantity and floodplain connectivity to form and maintain 
physical habitat conditions and support juvenile growth and mobility;
    (ii) Water quality and forage supporting juvenile development; and
    (iii) Natural cover such as shade, submerged and overhanging large 
wood, log jams and beaver dams, aquatic vegetation, large rocks and 
boulders, side channels, and undercut banks.
    (3) Freshwater migration corridors free of obstruction and excessive 
predation with water quantity and quality conditions and natural cover 
such as submerged and overhanging large wood, aquatic vegetation, large 
rocks and boulders, side channels, and undercut banks supporting 
juvenile and adult mobility and survival;
    (4) Estuarine areas free of obstruction and excessive predation 
with:
    (i) Water quality, water quantity, and salinity conditions 
supporting juvenile and adult physiological transitions between fresh- 
and saltwater;
    (ii) Natural cover such as submerged and overhanging large wood, 
aquatic vegetation, large rocks and boulders, side channels; and
    (iii) Juvenile and adult forage, including aquatic invertebrates and 
fishes, supporting growth and maturation.
    (5) Nearshore marine areas free of obstruction and excessive 
predation with:
    (i) Water quality and quantity conditions and forage, including 
aquatic invertebrates and fishes, supporting growth and maturation; and
    (ii) Natural cover such as submerged and overhanging large wood, 
aquatic vegetation, large rocks and boulders, and side channels.
    (6) Offshore marine areas with water quality conditions and forage, 
including aquatic invertebrates and fishes, supporting growth and 
maturation.
    (d) Exclusion of Indian lands. Critical habitat does not include 
habitat areas on Indian lands. The Indian lands specifically excluded 
from critical habitat are those defined in the Secretarial Order, 
including:
    (1) Lands held in trust by the United States for the benefit of any 
Indian tribe;
    (2) Land held in trust by the United States for any Indian Tribe or 
individual subject to restrictions by the United States against 
alienation;
    (3) Fee lands, either within or outside the reservation boundaries, 
owned by the tribal government; and
    (4) Fee lands within the reservation boundaries owned by individual 
Indians.
    (e) Land owned or controlled by the Department of Defense. Critical 
habitat does not include any areas subject to an approved Integrated 
Natural Resource Management Plan or associated with Department of 
Defense easements or right-of-ways. In areas within Navy security zones 
identified at 33 CFR 334 that are outside the areas described above, 
critical habitat is only designated within a narrow nearshore zone from 
the line of extreme high tide down to the line of mean lower low water. 
The specific sites addressed include:
    (1) Naval Submarine Base, Bangor;
    (2) Naval Undersea Warfare Center, Keyport;
    (3) Naval Ordnance Center, Port Hadlock (Indian Island);
    (4) Naval Radio Station, Jim Creek;
    (5) Naval Fuel Depot, Manchester;

[[Page 512]]

    (6) Naval Air Station Whidbey Island;
    (7) Naval Air Station, Everett;
    (8) Bremerton Naval Hospital;
    (9) Fort Lewis (Army);
    (10) Pier 23 (Army);
    (11) Yakima Training Center (Army);
    (12) Puget Sound Naval Shipyard;
    (13) Naval Submarine Base Bangor security zone;
    (14) Strait of Juan de Fuca naval air-to-surface weapon range, 
restricted area;
    (15) Hood Canal and Dabob Bay naval non-explosive torpedo testing 
area;
    (16) Strait of Juan de Fuca and Whidbey Island naval restricted 
areas;
    (17) Admiralty Inlet naval restricted area;
    (18) Port Gardner Naval Base restricted area;
    (19) Hood Canal naval restricted areas;
    (20) Port Orchard Passage naval restricted area;
    (21) Sinclair Inlet naval restricted areas;
    (22) Carr Inlet naval restricted areas;
    (23) Dabob Bay/Whitney Point naval restricted area; and
    (24) Port Townsend/Indian Island/Walan Point naval restricted area.
    (f) Land subject to the Washington Department of Natural Resources 
Habitat Conservation Plan. Critical habitat is excluded on lands covered 
by the incidental take permit issued by NMFS under section 10(a)(1)(B) 
of the ESA to the Washington Department of Natural Resources.
    (g) Land subject to the Green Diamond Company Habitat Conservation 
Plan. Critical habitat is excluded on lands covered by the incidental 
take permit issued by NMFS under section 10(a)(1)(B) of the ESA to the 
Green Diamond Resources Company (formerly Simpson Timber Company).
    (h) Land subject to the West Fork Timber Company Habitat 
Conservation Plan. Critical habitat is excluded on lands covered by the 
incidental take permit issued by NMFS under section 10(a)(1)(B) of the 
ESA to the West Fork Timber Company (formerly Murray Pacific 
Corporation).
    (i) Puget Sound Chinook Salmon (Oncorhynchus tshawytscha). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Nooksack Subbasin 17110004--(i) Upper North Fork Nooksack River 
Watershed 1711000401. Outlet(s) = North Fork Nooksack River (Lat 
48.9055, Long -121.9886) upstream to endpoint(s) in: Boyd Creek 
(48.8998, -121.8640); Canyon Creek (48.9366, -121.9451); Cascade Creek 
(48.8996, -121.8621); Cornell Creek (48.8882, -121.9594); Deadhorse 
Creek (48.9024, -121.8359); Gallop Creek (48.8849, -121.9447); Glacier 
Creek (48.8197, -121.8931); Hedrick Creek (48.8953, -121.9705); Thompson 
Creek (48.8837, -121.9028); Wells Creek (48.8940, -121.7976).
    (ii) Middle Fork Nooksack River Watershed 1711000402. Outlet(s) = 
Middle Fork Nooksack River (Lat 48.8342, Long -122.1540) upstream to 
endpoint(s) in: Canyon Creek (48.8374, -122.1198); Clearwater Creek 
(48.7841, -122.0293); Middle Fork Nooksack River (48.7249, -121.8999); 
Porter Creek (48.7951, -122.1098); Sister Creek (48.7492, -121.9736); 
Unnamed (48.7809, -122.1157); Unnamed (48.7860, -122.1214); Warm Creek 
(48.7559, -121.9741).
    (iii) South Fork Nooksack River Watershed 1711000403. Outlet(s) = 
South Fork Nooksack River (Lat 48.8095, Long -122.2026) upstream to 
endpoint(s) in: Black Slough (48.7715, -122.1931); Cavanaugh Creek 
(48.6446, -122.1094); Deer Creek (48.6041, -122.0912); Edfro Creek 
(48.6607, -122.1206); Fobes Creek (48.6230, -122.1139); Hard Scrabble 
Falls Creek (48.7601, -122.2273); Howard Creek (48.6118, -121.9639); 
Hutchinson Creek (48.7056, -122.1663); Jones Creek (48.7186, -122.2130); 
McCarty Creek (48.7275, -122.2188); Plumbago Creek (48.6088, -122.0949); 
Pond Creek (48.6958, -122.1651); Skookum Creek (48.6871, -122.1029); 
South Fork Nooksack River (48.6133, -121.9000); Standard Creek (48.7444, 
-122.2191); Sygitowicz Creek (48.7722, -122.2269); Unnamed (48.6048, -
121.9143); Unnamed (48.6213, -122.1039); Unnamed (48.7174, -122.1815); 
Unnamed (48.7231, -122.1968); Unnamed (48.7843, -122.2188).
    (iv) Lower North Fork Nooksack River Watershed 1711000404. Outlet(s) 
= Nooksack River (Lat 48.8711, Long -122.3227) upstream to endpoint(s) 
in: Anderson Creek (48.8088, -122.3410); Boulder Creek (48.9314, -
122.0258); Coal

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Creek (48.8889, -122.1506); Kendall Creek (48.9251, -122.1455); Kenney 
Creek (48.8510, -122.1368); Macaulay Creek (48.8353, -122.2345); Maple 
Creek (48.9262, -122.0751); Mitchell Creek (48.8313, -122.2174); North 
Fork Nooksack River (48.9055, -121.9886); Racehorse Creek (48.8819, -
122.1272); Smith Creek (48.8439, -122.2544); Unnamed (48.8103, -
122.1855); Unnamed (48.9002, -122.1205); Unnamed (48.9040, -122.0875); 
Unnamed (48.9131, -122.0127); Unnamed (48.9158, -122.0091); Unnamed 
(48.9162, -122.0615); Unnamed (48.9200, -122.0463); Wildcat Creek 
(48.9058, -121.9995); Deer Creek (48.8439, -122.4839).
    (v) Nooksack River Watershed 1711000405. Outlet(s) = Lummi River 
(Lat 48.8010, Long -122.6582); Nooksack River (48.7737, -122.5986); 
Silver Creek (48.7786, -122.5635); Slater Slough (48.7759, -122.6029); 
Unnamed (48.7776, -122.5708); Unnamed (48.7786, -122.5677); Unnamed 
(48.7973, -122.6717); Unnamed (48.8033, -122.6771) upstream to 
endpoint(s) in: Fishtrap Creek (49.0025, -122.4053); Fourmile Creek 
(48.8890, -122.4213); Lummi River (48.8198, -122.6049); Nooksack River 
(48.8711, -122.3227); Pepin Creek (49.0024, -122.4724); Slater Slough 
(48.7778, -122.6041); Tenmile Creek (48.8457, -122.3661); Unnamed 
(48.8191, -122.5705); Unnamed (48.8453, -122.6071); Unnamed (48.8548, -
122.4749); Unnamed (48.9609, -122.5312); Unnamed (48.9634, -122.3928); 
Unnamed (49.0024, -122.4730); Unnamed (49.0025, -122.5218).
    (2) Upper Skagit Subbasin 17110005--(i) Skagit River/Gorge Lake 
Watershed 1711000504. Outlet(s) = Skagit River (Lat 48.6725, Long -
121.2633) upstream to endpoint(s) in: Goodell Creek (48.6890, -
121.2718); Skagit River (48.6763, -121.2404).
    (ii) Skagit River/Diobsud Creek Watershed 1711000505. Outlet(s) = 
Skagit River (Lat 48.5218, Long -121.4315) upstream to endpoint(s) in: 
Bacon Creek (48.6456, -121.4244); Diobsud Creek (48.5761, -121.4309); 
Falls Creek (48.6334, -121.4258); Skagit River (48.6725, -121.2633).
    (iii) Cascade River Watershed 1711000506. Outlet(s) = Cascade River 
(Lat 48.5218, Long -121.4315) upstream to endpoint(s) in: Found Creek 
(48.4816, -121.2437); Kindy Creek (48.4613, -121.2094); Marble Creek 
(48.5398, -121.2612); North Fork Cascade River (48.4660, -121.1641); 
South Fork Cascade River (48.4592, -121.1494).
    (iv) Skagit River/Illabot Creek Watershed 1711000507. Outlet(s) = 
Skagit River (Lat 48.5333, Long -121.7370) upstream to endpoint(s) in: 
Illabot Creek (48.4498, -121.4551); Jackman Creek (48.5294, -121.6957); 
Skagit River (48.5218, -121.4315); Unnamed (48.5013, -121.6598).
    (3) Sauk Subbasin 17110006--(i) Upper Sauk River Watershed 
1711000601. Outlet(s) = Sauk River (Lat 48.1731, Long -121.4714) 
upstream to endpoint(s) in: Camp Creek (48.1559, -121.2909); North Fork 
Sauk River (48.0962, -121.3710); Owl Creek (48.1623, -121.2948); South 
Fork Sauk River (48.0670, -121.4088); Swift Creek (48.1011, -121.3975); 
Unnamed (48.1653, -121.3288); White Chuck River (48.1528, -121.2645).
    (ii) Upper Suiattle River Watershed 1711000602. Outlet(s) = Suiattle 
River (Lat 48.2586, Long -121.2237) upstream to endpoint(s) in: Downey 
Creek (48.2828, -121.2083); Milk Creek (48.2207, -121.1634); Suiattle 
River (48.2211, -121.1609); Sulphur Creek (48.2560, -121.1773); Unnamed 
(48.2338, -121.1792).
    (iii) Lower Suiattle River Watershed 1711000603. Outlet(s) = 
Suiattle River (Lat 48.3384, Long -121.5482) upstream to endpoint(s) in: 
Big Creek (48.3435, -121.4416); Buck Creek (48.2753, -121.3268); Circle 
Creek (48.2555, -121.3395); Lime Creek (48.2445, -121.2933); Straight 
Creek (48.2594;-121.4009); Suiattle River (48.2586, -121.2237); Tenas 
Creek (48.3371, -121.4304).
    (iv) Lower Sauk River Watershed 1711000604. Outlet(s) = Sauk River 
(Lat 48.4821, Long -121.6060) upstream to endpoint(s) in: Dan Creek 
(48.2702, -121.5473); Sauk River (48.1731, -121.4714); Unnamed (48.2247, 
-121.5826); Unnamed (48.3187, -121.5480).
    (4) Lower Skagit Subbasin 17110007--(i) Middle Skagit River/Finney 
Creek Watershed 1711000701. Outlet(s) = Skagit River (Lat 48.4891, Long 
-122.2178) upstream to endpoint(s) in: Alder Creek (48.5280, -121.9498); 
Day Creek (48.4689, -122.0216); Finney Creek (48.4655, -121.6858); 
Grandy Creek (48.5510, -121.8621); Hansen Creek (48.5600, -122.2069); 
Jims Slough (48.5274, -122.0227); Jones Creek (48.5418, -122.0494); 
Mannser Creek (48.5260,

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-122.0430); Muddy Creek (48.5278, -122.0007); Pressentin Creek (48.5099, 
-121.8449); Skagit River (48.5333, -121.7370); Sorenson Creek (48.4875, 
-122.1029); Unnamed (48.4887, -122.0747); Unnamed (48.5312, -122.0149); 
Wiseman Creek (48.5160, -122.1286).
    (ii) Lower Skagit River/Nookachamps Creek Watershed 1711000702. 
Outlet(s) = Browns Slough (Lat 48.3305, Long -122.4194); Freshwater 
Slough (48.3109, -122.3883); Hall Slough (48.3394, -122.4426); Isohis 
Slough (48.2975, -122.3711); North Fork Skagit River (48.3625, -
122.4689); South Fork Skagit River (48.2920, -122.3670); Unnamed 
(48.3085, -122.3868); Unnamed (48.3831, -122.4842) upstream to 
endpoint(s) in: Britt Slough (48.3935, -122.3571); Browns Slough 
(48.3411, -122.4127); East Fork Nookachamps Creek (48.4044, -122.1790); 
Hall Slough (48.3437, -122.4376); Mundt Creek (48.4249, -122.2007); 
Skagit River (48.4891, -122.2178); Unnamed (48.3703, -122.3081); Unnamed 
(48.3827, -122.1893); Unnamed (48.3924, -122.4822); Walker Creek 
(48.3778, -122.1899).
    (5) Stillaguamish Subbasin 17110008--(i) North Fork Stillaguamish 
River Watershed 1711000801. Outlet(s) = North Fork Stillaguamish River 
(Lat 48.2037, Long -122.1256) upstream to endpoint(s) in: Ashton Creek 
(48.2545, -121.6708); Boulder River (48.2624, -121.8090); Deer Creek 
(48.2835, -121.9255); French Creek (48.2534, -121.7856); Furland Creek 
(48.2624, -121.6749); Grant Creek (48.2873, -122.0118); North Fork 
Stillaguamish River (48.3041, -121.6360); Rollins Creek (48.2908, -
121.8441); Squire Creek (48.2389, -121.6374); Unnamed (48.2393, -
121.6285); Unnamed (48.2739, -121.9948).
    (ii) South Fork Stillaguamish River Watershed 1711000802. Outlet(s) 
= South Fork Stillaguamish River (Lat 48.2037, Long -122.1256) upstream 
to endpoint(s) in: Jim Creek (48.2230, -121.9483); North Fork Canyon 
Creek (48.1697, -121.8194); Siberia Creek (48.1731, -122.0377); South 
Fork Canyon Creek (48.1540, -121.7840); South Fork Stillaguamish River 
(48.0454, -121.4819); Unnamed (48.1463, -122.0162).
    (iii) Lower Stillaguamish River Waterhed 1711000803. Outlet(s) = 
Stillaguamish River (Lat 48.2385, Long -122.3749); Unnamed (48.1983, -
122.3579) upstream to endpoint(s) in: Armstrong Creek (48.2189, -
122.1347); Pilchuck Creek (48.2983, -122.1672); Stillaguamish River 
(48.2037, -122.1256).
    (6) Skykomish Subbasin 17110009--(i) Tye and Beckler River Watershed 
1711000901. Outlet(s) = South Fork Skykomish River (Lat 47.7147, Long -
121.3393) upstream to endpoint(s) in: East Fork Foss River (47.6522, -
121.2792); Rapid River (47.8131, -121.2470) Tye River (47.7172, -
121.2254) Unnamed (47.8241, -121.2979); West Fork Foss River (47.6444, -
121.2972).
    (ii) Skykomish River Forks Watershed 1711000902. Outlet(s) = North 
Fork Skykomish River (Lat 47.8133, Long -121.5782) upstream to 
endpoint(s) in: Bridal Veil Creek (47.7987, -121.5597); Lewis Creek 
(47.8223, -121.5160); Miller River (47.7018, -121.3950); Money Creek 
(47.7208, -121.4062); North Fork Skykomish River (47.9183, -121.3073); 
South Fork Skykomish River (47.7147, -121.3393); Unnamed (47.7321, -
121.4176); Unnamed (47.8002, -121.5548).
    (iii) Skykomish River/Wallace River Watershed 1711000903. Outlet(s) 
= Skykomish River (Lat 47.8602, Long-121.8190) upstream to endpoint(s) 
in: Deer Creek (47.8191, -121.5805); Olney Creek (47.8796, -121.7163); 
Proctor Creek (47.8216, -121.6460); Skykomish River (47.8133, -
121.5782); Unnamed (47.8507, -121.8010); Wagleys Creek (47.8674, -
121.7972); Wallace River (47.8736, -121.6491).
    (iv) Sultan River Watershed 1711000904. Outlet(s) = Sultan River 
(Lat 47.8602, Long -121.8190) upstream to endpoint(s) in: Sultan River 
(47.9598, -121.7951).
    (v) Skykomish River/Woods Creek Watershed 1711000905. Outlet(s) = 
Skykomish River (Lat 47.8303, Long -122.0451) upstream to endpoint(s) 
in: Elwell Creek (47.8038, -121.8524); Skykomish River (47.8602, -
121.8190); Unnamed (47.8890, -121.8637); West Fork Woods Creek (47.9627, 
-121.9707); Woods Creek (47.8953, -121.8742); Youngs Creek (47.8081, -
121.8332).
    (7) Snoqualmie Subbasin 17110010--(i) Middle Fork Snoqualmie River 
Watershed 1711001003. Outlet(s) = Snoqualmie River (Lat 47.6407, Long -
121.9261) upstream to endpoint(s) in: Canyon Creek (47.5837, -121.9623); 
Deep Creek (47.4764, -121.8905); Griffin Creek (47.6164, -121.9014); 
Lake Creek (47.5036, -121.9035); Patterson Creek (47.6276, -121.9855); 
Raging River (47.4795,

[[Page 515]]

-121.8691); Snoqualmie River (47.5415, -121.8362); Tokul Creek (47.5563, 
-121.8285).
    (ii) Lower Snoqualmie River Watershed 1711001004. Outlet(s) = 
Snoqualmie River (Lat 47.8303, Long -122.0451) upstream to endpoint(s) 
in: Cherry Creek (47.7465, -121.8953); Margaret Creek (47.7547, -
121.8933); North Fork Tolt River (47.7060, -121.7957); Snoqualmie River 
(47.6407, -121.9261); South Fork Tolt River (47.6969, -121.7861); Tuck 
Creek (47.7442, -122.0032); Unnamed (47.6806, -121.9730); Unnamed 
(47.6822, -121.9770); Unnamed (47.7420, -122.0084); Unnamed (47.7522, -
121.9745); Unnamed (47.7581, -121.9586).
    (8) Snohomish Subbasin 17110011--(i) Pilchuck River Watershed 
1711001101. Outlet(s) = Pilchuck River (Lat 47.9013, Long -122.0917) 
upstream to endpoint(s) in: Pilchuck River (48.0052, -121.7718).
    (ii) Snohomish River Watershed 1711001102. Outlet(s) = Quilceda 
Creek (Lat 48.0556, Long -122.1908); Skykomish River (48.0173, -
122.1877); Steamboat Slough (48.0365, -122.1814); Union Slough (48.0299, 
-122.1794); Unnamed (48.0412, -122.1723) upstream to endpoint(s) in: 
Allen Creek (48.0767, -122.1404); Quilceda Creek (48.1124, -122.1540); 
Skykomish River (47.8303, -122.0451); Unnamed (47.9545, -122.1969); 
Unnamed (47.9777, -122.1632); Unnamed (48.0019, -122.1283); Unnamed 
(48.0055, -122.1303); Unnamed (48.1330, -122.1472).
    (9) Lake Washington Subbasin 17110012--(i) Cedar River Watershed 
1711001201. Outlet(s) = Cedar River (Lat 47.5003, Long -122.2146) 
upstream to endpoint(s) in: Cedar River (47.4192, -121.7805); Rock Creek 
(47.3673, -122.0132); Unnamed (47.4092, -122.0358); Webster Creek 
(47.3857, -121.9845).
    (ii) Lake Washington Watershed 1711001203. Outlet(s) = Lake 
Washington (Lat 47.6654, Long -122.3960) upstream to endpoint(s) in: 
Cedar River (47.5003, -122.2146); Sammamish River (47.7543, -122.2465).
    (10) Duwamish Subbasin 17110013--(i) Upper Green River Watershed 
1711001301. Outlet(s) = Green River (Lat 47.2234, Long -121.6081) 
upstream to endpoint(s) in: Friday Creek (47.2204, -121.4559); Intake 
Creek (47.2058, -121.4049); McCain Creek (47.2093, -121.5292); Sawmill 
Creek (47.2086, -121.4675); Smay Creek (47.2508, -121.5872); Snow Creek 
(47.2607, -121.4046); Sunday Creek (47.2587, -121.3659); Tacoma Creek 
(47.1875, -121.3630); Unnamed (47.2129, -121.4579).
    (ii) Middle Green River Watershed 1711001302. Outlet(s) = Green 
River (Lat 47.2911, Long -121.9714) upstream to endpoint(s) in: Bear 
Creek (47.2774, -121.7990); Cougar Creek (47.2439, -121.6442); Eagle 
Creek (47.3051, -121.7219); Gale Creek (47.2644, -121.7085); Green River 
(47.2234, -121.6081); Piling Creek (47.2820, -121.7553); Sylvester Creek 
(47.2457, -121.6537); Unnamed (47.2360, -121.6333).
    (iii) Lower Green River Watershed 1711001303. Outlet(s) = Duwamish 
River (Lat 47.5113, Long -122.2951) upstream to endpoint(s) in: Big Soos 
Creek (47.4191, -122.1599); Burns Creek (47.2779, -122.1087); Covington 
Creek (47.3341, -122.0399); Crisp Creek (47.2897, -122.0590); Green 
River (47.2911, -121.9714); Jenkins Creek (47.3791, -122.0899); Little 
Soos Creek (47.4031, -122.1235); Mill Creek (47.3263, -122.2455); 
Newaukum Creek (47.2303, -121.9518); Unnamed (47.2765, -121.9730); 
Unnamed (47.2891, -122.1557); Unnamed (47.3007, -122.1774); Unnamed 
(47.3250, -122.1961); Unnamed (47.3464, -122.2397); Unnamed (47.3751, -
122.2648); Unnamed (47.4046, -122.2134); Unnamed (47.4525, -122.2354); 
Unnamed (47.4618, -122.2315); Unnamed (47.4619, -122.2554); Unnamed 
(47.4876, -122.2781).
    (11) Puyallup Subbasin 17110014--(i) Upper White River Watershed 
1711001401. Outlet(s) = White River (Lat 47.1588, Long -121.6587) 
upstream to endpoint(s) in: Greenwater River (47.1204, -121.5055); 
Huckleberry Creek (47.0612, -121.6033); Pinochle Creek (47.0478, -
121.7043); Unnamed (46.9935, -121.5295); West Fork White River (47.0483, 
-121.6916); Wrong Creek (47.0403, -121.6999).
    (ii) Lower White River Watershed 1711001402. Outlet(s) = White River 
(Lat 47.2001, Long -122.2579) upstream to endpoint(s) in: Boise Creek 
(47.1958, -121.9467); Camp Creek (47.1430, -121.7012); Clearwater River 
(47.0852, -121.7823); Unnamed (47.1509, -121.7236); Unnamed (47.2247, -
122.1072); Unnamed (47.2307, -122.1079); Unnamed (47.2383, -122.2234); 
Unnamed (47.2498, -122.2346); White River (47.1588, -121.6587).
    (iii) Carbon River Watershed 1711001403. Outlet(s) = Carbon River 
(Lat 47.1308, Long -122.2315) upstream

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to endpoint(s) in: Carbon River (46.9965, -121.9198); South Fork South 
Prairie Creek (47.1203, -121.9963); Voight Creek (47.0751, -122.1285); 
Wilkeson Creek (47.0972, -122.0245).
    (iv) Upper Puyallup River Watershed 1711001404. Outlet(s) = Puyallup 
River (Lat 47.1308, Long -122.2315) upstream to endpoint(s) in: Deer 
Creek (46.8547, -121.9680); Kapowsin Creek (46.9854, -122.2008); Kellog 
Creek (46.9164, -122.0652); Mowich River (46.9209, -121.9739); 
Rushingwater Creek (46.8971, -121.9439); Unnamed (46.8867, -122.0194); 
Unnamed (46.8899, -121.9657).
    (v) Lower Puyallup River Watershed 1711001405. Outlet(s) = Hylebos 
Creek (Lat 47.2611, Long -122.3591); Puyallup River (47.2501, -122.4131) 
upstream to endpoint(s) in: Canyonfalls Creek (47.1421, -122.2186); 
Clarks Creek (47.1757.-122.3168); Clear Creek (47.2187, -122.3727); 
Fennel Creek (47.1495, -122.1849); Puyallup River (47.1308, -122.2315); 
Unnamed (47.1779, -122.1992); Unnamed (47.1799, -122.3066); Unnamed 
(47.1928, -122.3371); Unnamed (47.2723, -122.3216); West Hylebos Creek 
(47.2736, -122.3289).
    (12) Nisqually Subbasin 17110015--(i) Mashel/Ohop Watershed 
1711001502. Outlet(s) = Nisqually River (Lat 46.8646, Long -122.4776) 
upstream to endpoint(s) in: Little Mashel River (46.8504, -122.2724); 
Lynch Creek (46.8760, -122.2625); Mashel River (46.8431, -122.1205); 
Nisqually River (46.8303, -122.3225); Ohop Creek (46.9264, -122.2603); 
Powell Creek (46.8528, -122.4505); Tanwax Creek (46.8630, -122.4549); 
Twentyfive Mile Creek (46.9274, -122.2558).
    (ii) Lowland Watershed 1711001503. Outlet(s) = McAllister Creek (Lat 
47.1120, Long -122.7215); Nisqually River (47.1110, -122.7026); Unnamed 
(47.0071, -122.6556); Yelm Creek (46.9712, -122.6263) upstream to 
endpoint(s) in: Horn Creek (46.9042, -122.4776); McAllister Creek 
(47.0299, -122.7236); Nisqually River (46.8646, -122.4776); Unnamed 
(46.9108, -122.5032); Unnamed (47.0001, -122.6510); Unnamed (47.0055, -
122.6520); Yelm Creek (46.9629, -122.6194). Excluded is that segment of 
the Nisqually River from Lat 47.0703, Long -122.7017, to Lat 46.9668, 
Long -122.5640.
    (13) Skokomish Subbasin 17110017--Skokomish River Watershed 
1711001701. Outlet(s) = Skokomish River (Lat 47.3543, Long -123.1122); 
Unnamed (47.3420, -123.1092); Unnamed (47.3471, -123.1275); Unnamed 
(47.3509, -123.1101) upstream to endpoint(s) in: Brown Creek (47.4238, -
123.3052); Fir Creek (47.3363, -123.3016); McTaggert Creek (47.3749, -
123.2318); North Fork Skokomish River (47.5197, -123.3329); Purdy Canyon 
(47.3021, -123.1803); Unnamed (47.3048, -123.1528); Unnamed (47.3077, -
123.2012); Unnamed (47.3146, -123.1353); Unnamed (47.3209, -123.2212); 
Unnamed (47.3222, -123.3060); Unnamed (47.3237, -123.1467); Unnamed 
(47.3250, -123.1250); Vance Creek (47.3300, -123.3137); Weaver Creek 
(47.3097, -123.2384).
    (14) Hood Canal Subbasin 17110018--(i) Hamma Hamma River Watershed 
1711001803. Outlet(s) = Hamma Hamma River (Lat 47.5471, Long -123.0440) 
upstream to endpoint(s) in: Hamma Hamma River (47.5590, -123.0632); 
North Fork John Creek (47.5442, -123.0696)
    (ii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush 
River (Lat 47.6502, Long -122.9348) upstream to endpoint(s) in: 
Duckabush River (47.6825, -123.0675).
    (iii) Dosewallips River Watershed 1711001805. Outlet(s) = 
Dosewallips River (Lat 47.6881, Long -122.8945); Unnamed (47.6857, -
122.8967) upstream to endpoint(s) in: Dosewallips River (47.7289, -
123.1111); Rocky Brook (47.7212, -122.9405); Unnamed (47.6886, -
122.8977).
    (15) Dungeness/Elwha 17110020--(i) Dungeness River Watershed 
1711002003. Outlet(s) = Dungeness River (Lat 48.1506, Long -123.1311); 
Unnamed (48.1537, -123.1267) upstream to endpoint(s) in: Dungeness River 
(47.9386, -123.0885); Gray Wolf River (47.9168, -123.2409); Matriotti 
Creek (48.1368, -123.1428); Unnamed (48.1514, -123.1216).
    (ii) Elwha River Watershed 1711002007. Outlet(s) = Elwha River (Lat 
48.1466, Long -123.5671); Unnamed (48.1483, -123.5599) upstream to 
endpoint(s) in: Elwha River (48.0927, -123.5614).

[[Page 517]]

    (16) Nearshore Marine Areas--Except as provided in paragraph (e) of 
this section, critical habitat includes all nearshore marine areas 
(including areas adjacent to islands) of the Strait of Georgia (south of 
the international border), Puget Sound, Hood Canal, and the Strait of 
Juan de Fuca (to the western end of the Elwha River delta) from the line 
of extreme high tide out to a depth of 30 meters.
    (17) Maps of critical habitat for the Puget Sound chinook salmon ESU 
follow:

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    (j) Lower Columbia River Chinook Salmon (Oncorhynchus tshawytscha). 
Critical habitat is designated to include the areas defined in the 
following subbasins:
    (1) Middle Columbia/Hood Subbasin 17070105--(i) East Fork Hood River 
Watershed 1707010506. Outlet(s) = Hood River (Lat 45.6050, Long -
121.6323) upstream to endpoint(s) in: Dog River (45.4655, -121.5656); 
East Fork Hood River

[[Page 535]]

(45.4665, -121.5669); Pinnacle Creek (45.4595, -121.6568); Tony Creek 
(45.5435, -121.6411).
    (ii) West Fork Hood River Watershed 1707010507. Outlet(s) = West 
Fork Hood River (Lat 45.6050, Long -121.6323) upstream to endpoint(s) 
in: Divers Creek (45.5457, -121.7447); Elk Creek (45.4277, -121.7889); 
Indian Creek (45.5375, -121.7857); Jones Creek (45.4629, -121.7942); 
Lake Branch (45.5083, -121.8485); McGee Creek (45.4179, -121.7675); No 
Name Creek (45.5347, -121.7929); Red Hill Creek (45.4720, -121.7705), 
Unnamed (45.5502, -121.7014).
    (iii) Hood River Watershed 1707010508. Outlet(s) = Hood River (Lat 
45.7205, Long -121.5055) upstream to endpoint(s) in: Hood River 
(45.6050, -121.6323).
    (iv) White Salmon River Watershed 1707010509. Outlet(s) = White 
Salmon River (Lat 45.7226, Long -121.5214) upstream to endpoint(s) in: 
White Salmon River (45.7677, -121.5374).
    (v) Wind River Watershed 1707010511. Outlet(s) = Wind River (Lat 
45.7037, Long -121.7946) upstream to endpoint(s) in: Bear Creek 
(45.7620, -121.8293); Big Hollow Creek (45.9399, -121.9996); Dry Creek 
(45.9296, -121.9721); Falls Creek (45.9105, -121.9222); Little Wind 
River (45.7392, -121.7772); Ninemile Creek (45.8929, -121.9526); 
Paradise Creek (45.9527, -121.9408); Trapper Creek (45.8887, -122.0065); 
Trout Creek (45.8021, -121.9313); Wind River (45.9732, -121.9031).
    (vi) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) = 
Columbia River (Lat 45.7044, Long -121.7980) upstream to endpoint(s) in: 
Columbia River (45.7205, -121.5056).
    (vii) Middle Columbia/Eagle Creek Watershed 1707010513. Outlet(s) = 
Columbia River (Lat 45.6447, Long -121.9395) upstream to endpoint(s) in: 
Camp Creek (45.6676, -121.8167); Carson Creek (45.7206, -121.8184); 
Columbia River (45.7044, -121.7980); Dry Creek (45.6717, -121.8732); 
Eagle Creek (45.6365, -121.9171); East Fork Herman Creek (45.6538, -
121.8122); Herman Creek (45.6749, -121.8477); Rock Creek (45.6958, -
121.8915); Unnamed (45.6654, -121.8164); Unnamed (45.6674, -121.8487); 
Unnamed (45.6689, -121.8444); Unnamed (45.6762, -121.9350); Unnamed 
(45.6902, -121.9034); Unnamed (45.6948, -121.9424).
    (2) Lower Columbia/Sandy Subbasin 17080001--(i) Salmon River 
Watershed 1708000101. Outlet(s) = Salmon River (Lat 45.3768, Long -
122.0293) upstream to endpoint(s) in: Cheeney Creek (45.3104, -
121.9561); Copper Creek (45.2508, -121.9053); Salmon River (45.2511, -
121.9025); South Fork Salmon River (45.2606, -121.9474); Unnamed 
(45.3434, -121.9920).
    (ii) Zigzag River Watershed 1708000102. Outlet(s) = Zigzag River 
(Lat 45.3489, Long -121.9442) upstream to endpoint(s) in: Henry Creek 
(45.3328, -121.9110); Still Creek (45.2755, -121.8413); Unnamed 
(45.3019, -121.8202); Zigzag River (45.3092, -121.8642).
    (iii) Upper Sandy River Watershed 1708000103. Outlet(s) = Sandy 
River (Lat 45.3489, Long -121.9442) upstream to endpoint(s) in: Clear 
Creek (45.3712, -121.9246); Clear Fork Sandy River (45.3994, -121.8525); 
Horseshoe Creek (45.3707, -121.8936); Lost Creek (45.3709, -121.8150); 
Sandy River (45.3899, -121.8620).
    (iv) Middle Sandy River Watershed 1708000104. Outlet(s) = Sandy 
River (Lat 45.4464, Long -122.2459) upstream to endpoint(s) in: Alder 
Creek (45.3776, -122.0994); Bear Creek (45.3368, -121.9265); Cedar Creek 
(45.4087, -122.2617); North Boulder Creek (45.3822, -122.0168); Sandy 
River (45.3489, -121.9442).
    (v) Bull Run River Watershed 1708000105. Outlet(s) = Bull Run River 
(Lat 45.4464, Long -122.2459) upstream to endpoint(s) in: Bull Run River 
(45.4455, -122.1561); Little Sandy Creek (45.4235, -122.1975).
    (vi) Washougal River (1708000106). Outlet(s) = Washougal River (Lat 
45.5795, Long -122.4022) upstream(s) to endpoint(s) in: Cougar Creek 
(45.6265, -122.2987); Dougan Creek (45.6770, -122.1522); Lacamas Creek 
(45.5972, -122.3933); Little Washougal River (45.6315, -122.3767); 
Washougal River (45.6729, -122.1524); West Fork Washougal River 
(45.6205, -122.2149).
    (vii) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) = 
Columbia River (Lat 45.5735, Long -122.3945) upstream to endpoint(s) in: 
Bridal Veil Creek (45.5542, -122.1793); Columbia River (45.6447, -
121.9395); Coopey Creek (45.5656, -122.1671); Government Cove (45.5948, 
-122.0630); Hamilton Creek

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(45.6414, -121.9764); Hardy Creek (45.6354, -121.9987); Horsetail Creek 
(45.5883, -122.0675); Latourell Creek (45.5388, -122.2173); McCord Creek 
(45.6115, -121.9929); Moffett Creek (45.6185, -121.9662); Multnomah 
Creek (45.5761, -122.1143), Oneonta Creek (45.5821, -122.0718); Tanner 
Creek (45.6264, -121.9522); Turnaft Creek (45.6101, -122.0284); Unnamed 
(45.5421, -122.2624); Unnamed (45.5488, -122.3504); Unnamed (45.6025, -
122.0443); Unnamed (45.6055, -122.0392); Unnamed (45.6083, -122.0329); 
Unnamed (45.6118, -122.0216); Unnamed (45.6124, -122.0172); Unnamed 
(45.6133, -122.0055); Wahkeena Creek (45.5755, -122.1266); Young Creek 
(45.5480, -122.1997).
    (viii) Lower Sandy River Watershed 1708000108. Outlet(s) = Sandy 
River (Lat 45.5680, Long -122.4023) upstream to endpoint(s) in: Beaver 
Creek (45.5258, -122.3822); Gordon Creek (45.4915, -122.2423); Sandy 
River (45.4464, -122.2459); Trout Creek (45.4844, -122.2785); Unnamed 
(45.5542, -122.3768); Unnamed (45.5600, -122.3650).
    (3) Lewis Subbasin 17080002--(i) East Fork Lewis River Watershed 
1708000205. Outlet(s) = East Fork Lewis River (Lat 45.8664, Long -
122.7189) upstream to endpoint(s) in: East Fork Lewis River (45.8395, -
122.4463).
    (ii) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River 
(Lat 45.8519, Long -122.7806) upstream to endpoint(s) in: Cedar Creek 
(45.9049, -122.3684); Chelatchie Creek (45.9169, -122.4130); Johnson 
Creek (45.9385, -122.6261); Lewis River (45.9570, -122.5550); Pup Creek 
(45.9391, -122.5440); Unnamed (45.8882, -122.7412); Unnamed (45.9153, -
122.4362).
    (4) Lower Columbia/Clatskanie Subbasin 17080003--(i) Kalama River 
Watershed 1708000301. Outlet(s) = Burris Creek (45.8926, -122.7892); 
Kalama River (46.0340, -122.8695) upstream to endpoint(s) in: Arnold 
Creek (46.0463, -122.5938); Burris Creek (45.9391, -122.7780); Elk Creek 
(46.0891, -122.5117); Gobar Creek (46.0963, -122.6042); Hatchery Creek 
(46.0459, -122.8027); Kalama River (46.1109, -122.3579); Little Kalama 
River (45.9970, -122.6939); North Fork Kalama River (46.1328, -
122.4118); Wild Horse Creek (46.0626, -122.6367).
    (ii) Clatskanie River Watershed 1708000303. Outlet(s) = Clatskanie 
River (Lat 46.1398, Long -123.2303) upstream to endpoint(s) in: 
Clatskanie River (46.0435, -123.0829); Merrill Creek (46.0916, -
123.1727); Perkins Creek (46.0826, -123.1678).
    (iii) Skamokawa/Elochoman Watershed 1708000305. Outlet(s) = 
Elochoman River (Lat 46.2269, Long -123.4040); Skamokawa Creek (46.2677, 
-123.4562); Unnamed (46.2243, -123.3975) upstream to endpoint(s) in: 
Beaver Creek (46.2256, -123.3071); Elochoman River (46.3503, -123.2428); 
Falk Creek (46.2954, -123.4413); Left Fork Skamokawa Creek (46.3249, -
123.4538); McDonald Creek (46.3398, -123.4116); Standard Creek (46.3292, 
-123.3999); West Fork Elochoman River (46.3211, -123.2605); West Fork 
Skamokawa Creek (46.2871, -123.4654); Wilson Creek (46.2970, -123.3434).
    (iv) Plympton Creek Watershed 1708000306. Outlet(s) = Westport 
Slough (Lat 46.1434, Long -123.3816) upstream to endpoint(s) in: 
Plympton Creek (46.1261, -123.3842); Westport Slough (46.1195, -
123.2797).
    (5) Upper Cowlitz Subbasin 17080004--(i) Headwaters Cowlitz River 
1708000401. Outlet(s) = Cowlitz River (Lat 46.6580, Lat -121.6032) 
upstream to endpoint(s) in: Clear Fork Cowlitz River (46.6858, -
121.5668); Muddy Fork Cowlitz River (46.6994, -121.6169); Ohanapecosh 
River (46.6883, -121.5809).
    (ii) Upper Cowlitz River Watershed 1708000402. Outlet(s) = Cowlitz 
River (Lat 46.5763, Long -121.7051) upstream to endpoint(s) in: Cowlitz 
River (46.6580, -121.6032).
    (iii) Cowlitz Valley Frontal Watershed 1708000403. Outlet(s) = 
Cowlitz River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in: 
Cowlitz River (46.5763, -121.7051); Silver Creek (46.5576, -121.9178).
    (iv) Upper Cispus River Watershed 1708000404. Outlet(s) = Cispus 
River (Lat 46.4449, Long -121.7954) upstream to endpoint(s) in: Cispus 
River (46.3410, -121.6709); East Canyon Creek (46.3454, -121.7031); 
North Fork Cispus River (46.4355, -121.654).
    (v) Lower Cispus River Watershed 1708000405. Outlet(s) = Cispus 
River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in: Cispus 
River (46.4449, -121.7954); McCoy Creek (46.3892,

[[Page 537]]

-121.8190); Yellowjacket Creek (46.3871, -121.8335).
    (6) Cowlitz Subbasin 17080005--(i) Riffe Reservoir Watershed 
1708000502. Outlet(s) = Cowlitz River (Lat 46.5033, Long -122.5870) 
upstream to endpoint(s) in: Cowlitz River (46.4765, -122.0952).
    (ii) Jackson Prairie Watershed 1708000503. Outlet(s) = Cowlitz River 
(Lat 46.3678, Long -122.9337) upstream to endpoint(s) in: Bear Creek 
(46.4215, -122.9224); Blue Creek (46.4885, -122.7253); Cowlitz River 
(46.5033, -122.5870); Lacamas Creek (46.5118, -122.8113); Mill Creek 
(46.4701, -122.8557); Mill Creek (46.5176;-122.6209); Otter Creek 
(46.4800, -122.6996); Salmon Creek (46.4237, -122.8400); Skook Creek 
(46.5035, -122.7556).
    (iii) North Fork Toutle River Watershed 1708000504. Outlet(s) = 
North Fork Toutle River (Lat 46.3669, Long -122.5859) upstream to 
endpoint(s) in: North Fork Toutle River (46.3718, -122.5847).
    (iv) Green River Watershed 1708000505. Outlet(s) = Green River (Lat 
46.3718, Long -122.5847) upstream to endpoint(s) in: Cascade Creek 
(46.3924, -122.3530); Devils Creek (46.3875, -122.5113); Elk Creek 
(46.3929, -122.3224); Green River (46.3857, -122.1815); Miners Creek 
(46.3871, -122.2091); Shultz Creek (46.3744, -122.2987); Unnamed 
(46.3796, -122.3632).
    (v) South Fork Toutle River Watershed 1708000506. Outlet(s) = South 
Fork Toutle River (Lat 46.3282, Long -122.7215) upstream to endpoint(s) 
in: Johnson Creek (46.3100, -122.6338); South Fork Toutle River 
(46.2306, -122.4439); Studebaker Creek (46.3044, -122.6777).
    (vi) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River 
(Lat 46.2660, Long -122.9154) upstream to endpoint(s) in: Arkansas Creek 
(46.3275, -123.0123); Baxter Creek (46.3034, -122.9709); Brim Creek 
(46.4263, -123.0139); Campbell Creek (46.3756, -123.0401); Cowlitz River 
(46.3678, -122.9337); Delameter Creek (46.2495, -122.9916); Hemlock 
Creek (46.2585, -122.7269); Hill Creek (46.3724, -122.9211); King Creek 
(46.5076, -122.9885); Monahan Creek (46.2954, -123.0286); North Fork 
Toutle River (46.3669, -122.5859); Olequa Creek (46.5174, -122.9042); 
Stillwater Creek (46.3851, -123.0478); Sucker Creek (46.2628, -
122.8116); Unnamed (46.5074, -122.9585); Unnamed (46.5405, -122.9090); 
Wyant Creek (46.3424, -122.6302).
    (vii) Coweeman Watershed 1708000508. Outlet(s) = Cowlitz River (Lat 
46.0977, Long -122.9141); Owl Creek (46.0771, -122.8676) upstream to 
endpoint(s) in: Baird Creek (46.1704, -122.6119); Coweeman River 
(46.1505, -122.5792); Cowlitz River (46.2660, -122.9154); Leckler Creek 
(46.2092, -122.9206); Mulholland Creek (46.1932, -122.6992); North Fork 
Goble Creek (46.1209, -122.7689); Ostrander Creek (46.2095, -122.8623); 
Owl Creek (46.0914, -122.8692); Salmon Creek (46.2547, -122.8839); South 
Fork Ostrander Creek (46.1910, -122.8600); Unnamed (46.0838, -122.7264).
    (7) Lower Columbia Subbasin 17080006--(i) Big Creek Watershed 
1708000602. Outlet(s) = Bear Creek (Lat 46.1719; Long -123.6642); Big 
Creek (46.1847, -123.5943); Blind Slough (46.2011, -123.5822); John Day 
River (46.1820, -123.7392) upstream to endpoint(s) in: Bear Creek 
(46.1181, -123.6388); Big Creek (46.1475, -123.5819); Gnat Creek 
(46.1614, -123.4813); John Day River (46.1763, -123.7474).
    (ii) Grays Bay Watershed 1708000603. Outlet(s) = Crooked Creek (Lat 
46.2962, Long -123.6795); Deep River (46.3035, -123.7092); Grays River 
(46.3035, -123.6867); Sisson Creek (46.3011, -123.7237); Unnamed 
(46.3042, -123.6870) upstream to endpoint(s) in: Crooked Creek (46.3033, 
-123.6222); East Fork Grays River (46.4425, -123.4081); Fossil Creek 
(46.3628, -123.5530); Grays River (46.4910, -123.4334); Hull Creek 
(46.3725, -123.5866); Johnson Canyon (46.3699, -123.6659); Klints Creek 
(46.3562, -123.5675); Malone Creek (46.3280, -123.6545); Mitchell Creek 
(46.4512, -123.4371) South Fork Grays River (46.3813, -123.4581); 
Sweigiler Creek (46.4195, -123.5375); Unnamed (46.3283, -123.7376); 
Unnamed (46.3651, -123.6839); Unnamed (46.4701, -123.4515); West Fork 
Grays River (46.4195, -123.5530).
    (8) Clackamas Subbasin 17090011--(i) Lower Clackamas River Watershed 
1709001106. Outlet(s) = Clackamas River (Lat 45.3719, Long -122.6071) 
upstream to endpoint(s) in: Clackamas River (45.2440, -122.2798); Clear 
Creek (45.3568, -122.4781); Deep Creek (45.3916, -122.4028); Richardson 
Creek (45.3971,

[[Page 538]]

-122.4712); Rock Creek (45.4128, -122.5043).
    (ii) [Reserved]
    (9) Lower Willamette Subbasin 17090012--(i) Johnson Creek Watershed 
1709001201. Outlet(s) = Willamette River (Lat 45.4423, Long -122.6453) 
upstream to endpoint(s) in: Crystal Springs Creek (45.4770, -122.6403); 
Kellogg Creek (45.4344, -122.6314); Tryon Creek (45.4239, -122.6595); 
Unnamed (45.4002, -122.6423); Willamette River (45.3719, -122.6071).
    (ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah 
Channel (Lat 45.8577, Long -122.7919) upstream to endpoint(s) in: 
Cunningham Slough (45.8250, -122.8069); Multnomah Channel (45.6188, -
122.7921); North Scappoose Creek (45.8014, -122.9340).
    (iii) Columbia Slough/Willamette River Watershed 1709001203. 
Outlet(s) = Willamette River (Lat 45.6530, Long -122.7646) upstream to 
endpoint(s) in: Bybee/Smith Lakes (45.6189, -122.7333); Columbia Slough 
(45.5979, -122.7137); Willamette River (45.4423, -122.6453).
    (10) Lower Columbia River Corridor--Lower Columbia River Corridor. 
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to 
endpoint(s) in: Columbia River (45.5709, -122.4021).
    (11) Maps of critical habitat for the Lower Columbia River chinook 
salmon ESU follow:

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    (k) Upper Willamette River Chinook Salmon (Oncorhynchus 
tshawytscha). Critical habitat is to include the areas defined in the 
following subbasins:
    (1) Middle Fork Willamette Subbasin 17090001--(i) Upper Middle Fork 
Willamette River Watershed 1709000101. Outlet(s) = Middle Fork 
Willamette River (Lat 43.4961, Long -122.3989) upstream to

[[Page 550]]

endpoint(s) in: Echo Creek (43.4670, -122.3172); Found Creek (43.5048, -
122.2831); Middle Fork Willamette River (43.4801, -122.2534); Noisy 
Creek (43.5083, -122.3016); Simpson Creek (43.5031, -122.3801); Skunk 
Creek (43.5069, -122.2866); Staley Creek (43.4527, -122.3650); Swift 
Creek (43.5438, -122.2431); Tumblebug Creek (43.4740, -122.2549); 
Unnamed (43.4967, -122.2645); Unnamed (43.4986, -122.2686); Unnamed 
(43.5020, -122.2764).
    (ii) Hills Creek Watershed 1709000102. Outlet(s) = Hills Creek (Lat 
43.7071, Long -122.4195) upstream to endpoint(s) in: Hills Creek 
(43.6718, -122.3502).
    (iii) Salt Creek/Willamette River Watershed 1709000103. Outlet(s) = 
Salt Creek (Lat 43.7261, Long -122.4381) upstream to endpoint(s) in: 
Coyote Creek (43.6682, -122.2378); Eagle Creek (43.6795, -122.2293); 
Salt Creek (43.6204, -122.1413); South Fork Salt Creek (43.6518, -
122.2261).
    (iv) Hills Creek Reservoir Watershed 1709000105. Outlet(s) = Middle 
Fork Willamette River (Lat 43.7589, Long -122.5242) upstream to 
endpoint(s) in: Big Willow Creek (43.6341, -122.4139); Buck Creek 
(43.5945, -122.4272); Bull Creek (43.6598, -122.4014); Coal Creek 
(43.4882, -122.4246); Coffeepot Creek (43.6182, -122.4160); Gold Creek 
(43.5860, -122.4768); Indian Creek (43.5034, -122.4638); Larison Creek 
(43.6851, -122.4760); Middle Fork Willamette River (43.4961, -122.3989); 
Packard Creek (43.6516, -122.4904); Snake Creek (43.5388, -122.4554) 
Snow Creek (43.6061, -122.4585); Windfall Creek (43.5984, -122.4638).
    (v) North Fork of Middle Fork Willamette River Watershed 1709000106. 
Outlet(s) = North Fork Middle Fork Willamette River (Lat 43.7589, Long -
122.5242) upstream to endpoint(s) in: Cayuse Creek (43.8651, -122.1856); 
Chalk Creek (43.8750, -122.4044); Christy Creek (43.9079, -122.3796); 
Fisher Creek (43.8699, -122.1551); North Fork Middle Fork Willamette 
River (43.8671, -122.0711).
    (vi) Middle Fork Willamette/Lookout Point Watershed 1709000107. 
Outlet(s) = Middle Fork Willamette River (Lat 43.9495, Long -122.8471) 
upstream to endpoint(s) in: Anthony Creek (43.8799, -122.8498); 
Bannister Creek (43.8743, -122.6538); Buckhead Creek (43.7753, -
122.5253); Burnt Bridge Creek (43.7900, -122.5334); Carr Creek (43.8558, 
-122.8177); Deception Creek (43.7551, -122.5541); East Fork Minnow Creek 
(43.8902, -122.7342); Goodman Creek (43.8309, -122.6940); Gosage Creek 
(43.8446, -122.8129); Guiley Creek (43.8419, -122.7962); Hazel Creek 
(43.8637, -122.6891); Lost Creek (43.8427, -122.7781); Middle Creek 
(43.8624, -122.8323); Middle Fork Willamette River (43.7589, -122.5242); 
Minnow Creek (43.8872, -122.7458); North Creek (43.8247, -122.6236); 
Rolling Riffle Creek (43.8750, -122.7052); School Creek (43.8604, -
122.6099); South Creek (43.8230, -122.6216); Unnamed (43.8329, -
122.6775); Unnamed (43.8427, -122.6643); Unnamed (43.8433, -122.6950).
    (vii) Little Fall Creek Watershed 1709000108. Outlet(s) = Little 
Fall Creek (Lat 43.9577, Long -122.8166) upstream to endpoint(s) in: 
Little Fall Creek (44.0579, -122.5440); Norton Creek (44.0006, -
122.7044); Sturdy Creek (44.0196, -122.6475).
    (viii) Fall Creek Watershed 1709000109. Outlet(s) = Fall Creek (Lat 
43.9707, Long -122.8677) upstream to endpoint(s) in: Alder Creek 
(44.0000, -122.4993); Fall Creek (43.9922, -122.3758); Gold Creek 
(43.9772, -122.4051); Logan Creek (43.9447, -122.4504); Nelson Creek 
(43.9285, -122.6850); Portland Creek (43.9331, -122.4655); Sunshine 
Creek (43.9943, -122.4672); Winberry Creek (43.9142, -122.6890).
    (ix) Lower Middle Fork Willamette River Wateshed 1709000110. 
Outlet(s) = Middle Fork Willamette River (Lat 44.0226, Long -123.0169) 
upstream to endpoint(s) in: Hills Creek (43.9945, -122.8651); Middle 
Fork Willamette River (43.9495, -122.8471); Mill Race (44.0407, -
123.0004); Pudding Creek (44.0173, -122.9501); Rattlesnake Creek 
(43.9352, -122.8608); Wallace Creek (44.0074, -122.8984).
    (2) Upper Willamette Subbasin 17090003--(i) Muddy Creek Watershed 
1709000302. Outlet(s) = Willamette River (Lat 44.6400, Long -123.1096) 
upstream to endpoint(s) in: Willamette River (44.0226, -123.0169).
    (ii) Calapooia River Watershed 1709000303. Outlet(s) = Calapooia 
River (Lat 44.5088, Long -123.1101) upstream to endpoint(s) in: 
Calapooia River (44.2354, -122.4128).

[[Page 551]]

    (iii) Oak Creek Watershed 1709000304. Outlet(s) = Willamette River 
(Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: Calapooia 
River (44.5088, -123.1101); Willamette River (44.6400, -123.1096).
    (iv) Marys River Watershed 1709000305. Outlet(s) = Marys River (Lat 
44.5566, Long -123.2597) upstream to endpoint(s) in: Beaver Creek 
(44.4554, -123.3748); Marys River (44.5373, -123.3762); Oak Creek 
(44.5636, -123.2932).
    (v) Luckiamute River Watershed 1709000306. Outlet(s) = Luckiamute 
River (Lat 44.7561, Long -123.1468) upstream to endpoint(s) in: Soap 
Creek (44.7317, -123.2151); Unnamed (44.7661, -123.2011).
    (3) McKenzie Subbasin 17090004--(i) Upper McKenzie River Watershed 
1709000401. Outlet(s) = McKenzie River (Lat 44.1721, Long -122.2058) 
upstream to endpoint(s) in: Deer Creek (44.2677, -122.0712); Frissell 
Creek (44.2288, -122.0699); Lost Creek (44.1729, -122.0401); McKenzie 
River (44.3109, -122.0199); Scott Creek (44.1981, -122.0195); Smith 
River (44.2824, -122.0506).
    (ii) Horse Creek Watershed 1709000402. Outlet(s) = West Fork Horse 
Creek (Lat 44.1721, Long -122.2058) upstream to endpoint(s) in: Cedar 
Swamp Creek (44.1563, -122.1132); Horse Creek (44.0602, -122.0087); King 
Creek (44.1635, -122.1693); Separation Creek (44.1274, -122.0077).
    (iii) South Fork McKenzie River Watershed 1709000403. Outlet(s) = 
South Fork McKenzie River (Lat 44.1595, Long -122.2946) upstream to 
endpoint(s) in: Augusta Creek (43.9562, -122.1632); Cougar Creek 
(44.1397, -122.2437); East Fork South Fork McKenzie (44.0850, -
122.0997); Elk Creek (43.9455, -122.0384); French Pete Creek (44.0402, -
122.1854); Hardy Creek (44.0345, -122.2047); Rebel Creek (44.0167, -
122.1505); Roaring River (43.9479, -122.0811); South Fork McKenzie River 
(43.9533, -121.9995).
    (iv) McKenzie River/Quartz Creek Watershed 1709000405. Outlet(s) = 
McKenzie River (Lat 44.1112, Long -122.4209) upstream to endpoint(s) in: 
Cone Creek (44.1528, -122.3649); McKenzie River (44.1721, -122.2058); 
Quartz Creek (44.0188, -122.3015); Wycoff Creek (44.0846, -122.3143).
    (v) Lower McKenzie River Watershed 1709000407. Outlet(s) = McKenzie 
River (Lat 44.1255, Long -123.1059) upstream to endpoint(s) in: Boulder 
Creek (44.0601, -122.7825); Camp Creek (44.0896, -122.8544); Deer Creek 
(44.0895, -122.4234); Ennis Creek (44.0804, -122.3754); Finn Creek 
(44.1471, -122.5972); Forest Creek (44.0861, -122.7153); Haagen Creek 
(44.0880, -122.7126); Hatchery Creek (44.1449, -122.6056); Holden Creek 
(44.1056, -122.7061); Indian Creek (44.1526, -122.5816); Lane Creek 
(44.0928, -122.7323); Marten Creek (44.1075, -122.5046); McKenzie River 
(44.1112, -122.4209); North Fork Gate Creek (44.1718, -122.5248); Osborn 
Creek (44.0565, -122.7880); Ritchie Creek (44.1028, -122.6567); South 
Fork Gate Creek (44.1667, -122.4980); Taylor Creek (44.0783, -122.7481); 
Toms Creek (44.1316, -122.5586); Unnamed (44.0646, -122.9399); 
Walterville Canal (44.0765, -122.7537).
    (4) North Santiam Subbasin 17090005--(i) Middle North Santiam River 
Watershed 1709000504. Outlet(s) = North Santiam River (Lat 44.7852, Long 
-122.6079) upstream to endpoint(s) in: Mad Creek (44.7453, -122.3898); 
North Santiam River (44.7510, -122.2821); Rock Creek (44.7077, -
122.4171); Snake Creek (44.7477, -122.4905).
    (ii) Little North Santiam River Watershed 1709000505. Outlet(s) = 
Little North Santiam River (Lat 44.7852, Long -122.6079) upstream to 
endpoint(s) in: Elkhorn Creek (44.8134, -122.3561); Little North Santiam 
River (44.8390, -122.3364); Little Sinker Creek (44.8191, -122.4111); 
Sinker Creek (44.8166, -122.4174).
    (iii) Lower North Santiam River Watershed 1709000506. Outlet(s) = 
Santiam River (Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: 
Bear Branch (44.7559, -122.7974); Cold Creek (44.7522, -122.8848); 
Morgan Creek (44.7500, -123.0376); North Santiam River (44.7852, -
122.6079); Salem Ditch (44.8000, -122.8120); Smallman Creek (44.7300, -
122.9098); Stout Creek (44.7930, -122.6177); Trask Creek (44.7725, -
122.6152); Unnamed (44.7672, -123.0517); Valentine Creek (44.8013, -
122.7176).
    (5) South Santiam Subbasin 17090006--(i) Hamilton Creek/South 
Santiam River Watershed 1709000601. Outlet(s) = South Santiam River (Lat 
44.6869, Long -123.0052) upstream to endpoint(s) in: Hamilton Creek 
(44.5037,

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-122.7667); McDowell Creek (44.4580, -122.7128); Mill Creek (44.6750, -
122.9721); Noble Creek (44.4519, -122.7976); South Santiam River 
(44.4163, -122.6693); Spring Branch (44.6821, -122.9811); Unnamed 
(44.6703, -122.9870); Unnamed (44.6801, -122.9786).
    (ii) Crabtree Creek Watershed 1709000602. Outlet(s) = Crabtree Creek 
(Lat 44.6756, Long -122.9557) upstream to endpoint(s) in: Bald Peter 
Creek (44.5682, -122.5825); Beaver Creek (44.6271, -122.8504); Crabtree 
Creek (44.6058, -122.5405); Roaring River (44.6251, -122.7283); South 
Fork Crabtree Creek (44.5741, -122.5744).
    (iii) Thomas Creek Watershed 1709000603. Outlet(s) = Thomas Creek 
(Lat 44.6778, Long -122.9654) upstream to endpoint(s) in: Jordan Creek 
(44.7531, -122.6595); Mill Creek (44.7055, -122.7842); Neal Creek 
(44.7101, -122.6912); South Fork Neal Creek (44.7033, -122.7078); Thomas 
Creek (44.6776, -122.4650).
    (iv) South Santiam River Watershed 1709000606. Outlet(s) = South 
Santiam River (Lat 44.3977, Long -122.4491) upstream to endpoint(s) in: 
Falls Creek (44.4007, -122.3828); South Santiam River (44.3980, -
122.2610).
    (v) South Santiam River/Foster Reservoir Watershed 1709000607. 
Outlet(s) = South Santiam River (Lat 44.4163, Long -122.6693) upstream 
to endpoint(s) in: Middle Santiam River (44.4498, -122.5479); South 
Santiam River (44.3977, -122.4491).
    (vi) Wiley Creek Watershed 1709000608. Outlet(s) = Wiley Creek (Lat 
44.4140, Long -122.6752) upstream to endpoint(s) in: Little Wiley Creek 
(44.3673, -122.5916); Wiley Creek (44.3488, -122.5900).
    (6) Middle Willamette Subbasin 17090007--(i) Mill Creek/Willamette 
River Watershed 1709000701. Outlet(s) = Mill Creek (Lat 44.9520, Long -
123.0381) upstream to endpoint(s) in: Mill Creek (44.8255, -122.8226).
    (ii) Rickreall Creek Watershed 1709000702. Outlet(s) = Willamette 
River (Lat 44.9288, Long -123.1124) upstream to endpoint(s) in: 
Willamette River (44.7504, -123.1421).
    (iii) Willamette River/Chehalem Creek Watershed 1709000703. 
Outlet(s) = Willamette River (Lat 45.2552, Long -122.8806) upstream to 
endpoint(s) in: Willamette River (44.9288, -123.1124).
    (iv) Abernethy Creek Watershed 1709000704. Outlet(s) = Willamette 
River (Lat 45.3719, Long -122.6071) upstream to endpoint(s) in: 
Willamette River (45.2552, -122.8806).
    (7) Molalla/Pudding Subbasin 17090009--(i) Butte Creek/Pudding River 
Watershed 1709000902. Outlet(s) = Pudding River (Lat 45.1907, Long -
122.7527) upstream to endpoint(s) in: Pudding River (45.0740, -
122.8525).
    (ii) Senecal Creek/Mill Creek Watershed 1709000904. Outlet(s) = 
Pudding River (Lat 45.2843, Long -122.7149) upstream to endpoint(s) in: 
Pudding River (45.1907, -122.7527).
    (iii) Upper Molalla River Watershed 1709000905. Outlet(s) = Molalla 
River (Lat 45.1196, Long -122.5342) upstream to endpoint(s) in: Molalla 
River (44.9124, -122.3228); North Fork Molalla River (45.0872, -
122.3849); Table Rock Fork Molalla River (44.9876, -122.2741).
    (iv) Lower Molalla River Watershed 1709000906. Outlet(s) = Molalla 
River (Lat 45.2979, Long -122.7141) upstream to endpoint(s) in: Gribble 
Creek (45. 2146, -122.6988); Milk Creek (45.2278, -122.5670); Molalla 
River (45.1196, -122.5342).
    (8) Clackamas Subbasin 17090011--(i) Collawash River Watershed 
1709001101. Outlet(s) = Collawash River (Lat 45.0321, Long -122.0600) 
upstream to endpoint(s) in: Blister Creek (44.9594, -122.1590); 
Collawash River (44.9507, -122.0350); Hot Springs Fk Collawash River 
(44.9385, -122.1721); Nohorn Creek (44.9442, -122.1957).
    (ii) Upper Clackamas River 1709001102. Outlet(s) = Clackamas River 
(Lat 45.0321, Long -122.0600) upstream to endpoint(s) in: Cabin Creek 
(45.0087, -121.8958); Clackamas River (44.8966, -121.8800); Cub Creek 
(44.8969, -121.8876); Granite Creek (45.0184, -121.9885); Hunter Creek 
(44.9086, -121.8929); Last Creek (44.9715, -121.8547); Lowe Creek 
(44.9487, -121.8983); Pot Creek (45.0149, -121.9084); Unnamed (44.9469, 
-121.8691); Wall Creek (44.9555, -121.8843).
    (iii) Oak Grove Fork Clackamas River Watershed 1709001103. Outlet(s) 
= Oak Grove Fork Clackamas River (Lat 45.0746, Long -122.0520) upstream 
to endpoint(s) in: Oak Grove Fork Clackamas River (45.0822, -121.9859).
    (iv) Middle Clackamas River Watershed 1709001104. Outlet(s) = 
Clackamas River

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(Lat 45.2440, Long -122.2798) upstream to endpoint(s) in: Clackamas 
River (45.0321, -122.0600); Fish Creek (45.0962, -122.1683); North Fork 
Clackamas River (45.2361, -122.2186); Roaring River (45.1773, -
122.0650); South Fork Clackamas River (45.1939, -122.2257); Tag Creek 
(45.0607, -122.0512); Tar Creek (45.0494, -122.0570).
    (v) Lower Clackamas River Watershed 1709001106. Outlet(s) = 
Clackamas River (Lat 45.3719, Long -122.6071) upstream to endpoint(s) 
in: Clackamas River (45.2440, -122.2798); Clear Creek (45.3568, -
122.4781); Deep Creek (45.3937, -122.4095); Richardson Creek (45.3971, -
122.4712).
    (9) Lower Willamette/Columbia River Corridor--Lower Willamette/
Columbia River Corridor. Outlet(s) = Columbia River (Lat 46.2485, Long -
124.0782) upstream to endpoint(s) in: Willamette River (45.3719, -
122.6071).
    (10) Maps of critical habitat for the Upper Willamette River chinook 
salmon ESU follow:

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    (l) Upper Columbia River Spring Chinook Salmon (Oncorhynchus 
tshawytscha). Critical habitat is to include the areas defined in the 
following subbasins:
    (1) Chief Joseph Subbasin 17020005--Upper Columbia/Swamp Creek 
Watershed 1702000505. Outlet(s) = Columbia River (Lat 47.8077, Long -
119.9754) upstream to endpoint(s) in: Columbia River (48.0502, -
119.8942).

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    (2) Methow Subbasin 17020008--(i) Lost River Watershed 1702000801 
Outlet(s) = Lost River Gorge (Lat 48.6501, Long -120.5103) upstream to 
endpoint(s) in: Eureka Creek (48.7020, -120.4986); Lost River Gorge 
(48.7324, -120.4475).
    (ii) Upper Methow River Watershed 1702000802. Outlet(s) = Methow 
River (Lat 48.6015, Long -120.4376) upstream to endpoint(s) in: Early 
Winters Creek (48.5999, -120.5840); Methow River (48.6417, -120.6150); 
Rattlesnake Creek (48.6523, -120.5733); Robinson Creek (48.6680, -
120.5394); South Fork Trout Creek (48.6448, -120.6030).
    (iii) Upper Chewuch River Watershed 1702000803. Outlet(s) = Chewuch 
River (Lat 48.7501, Long -120.1356) upstream to endpoint(s) in: Andrews 
Creek (48.7855, -120.1087); Chewuch River (48.8614, -120.0288); Dog 
Creek (48.8218, -120.0151); Lake Creek (48.8258, -120.1996); Thirtymile 
Creek (48.8109, -120.0199).
    (iv) Lower Chewuch River Watershed 1702000804. Outlet(s) = Chewuch 
River (Lat 48.4751, Lat -120.1790) upstream to endpoint(s) in: Boulder 
Creek (48.5797, -120.1538); Chewuch River (48.7501, -120.1356); Cub 
Creek (48.5513, -120.1899); Eightmile Creek (48.6071, -120.1775); Lake 
Creek (48.4926, -120.1629); Twentymile Creek (48.7029, -120.1117).
    (v) Twisp River Watershed 1702000805. Outlet(s) = Twisp River (Lat 
48.3682, Long -120.1176) upstream to endpoint(s) in: Buttermilk Creek 
(48.3528, -120.3239); Eagle Creek (48.3584, -120.3914); North Creek 
(48.4587, -120.5595); Poorman Creek (48.3674, -120.1997); South Creek 
(48.4330, -120.5431); Twisp River (48.4615, -120.5764); War Creek 
(48.3649, -120.4030).
    (vi) Middle Methow River Watershed 1702000806. Outlet(s) = Methow 
River (Lat 48.2495, Long -120.1156) upstream to endpoint(s) in: Bear 
Creek (48.4527, -120.1423); Goat Creek (48.5888, -120.3705); Little 
Boulder Creek (48.5700, -120.3797); Methow River (48.6015, -120.4376); 
Wolf Creek (48.4776, -120.2840) Unnamed (48.4896, -120.2116).
    (vii) Lower Methow River Watershed 1702000807. Outlet(s) = Methow 
River (Lat 48.0502, Long -119.8942) upstream to endpoint(s) in: Methow 
River (48.2495, -120.1156).
    (3) Upper Columbia/Entiat Subbasin 17020010--(i) Entiat River 
Watershed 1702001001. Outlet(s) = Entiat River (Lat 47.6585, Long -
120.2194) upstream to endpoint(s) in: Entiat River (47.9855, -120.5749); 
Hornet Creek (47.7714, -120.4403); Mad River (47.7804, -120.4403); 
Tillicum Creek (47.7295, -120.4304).
    (ii) Lake Entiat Watershed 1702001002. Outlet(s) = Columbia River 
(Lat 47.3438, Long -120.0929) upstream to endpoint(s) in: Columbia River 
(47.8077, -119.9754).
    (4) Wenatchee Subbasin 17020011--(i) White River Watershed 
1702001101. Outlet(s) = White River (Lat 47.8088, Long -120.7159) 
upstream to endpoint(s) in: Little Wenatchee River (47.8526, -120.9541); 
Napeequa River (47.9285, -120.8829); Panther Creek (47.9355, -120.9482); 
White River (47.9535, -120.9380).
    (ii) Chiwawa River Watershed 1702001102. Outlet(s) = Chiwawa River 
(Lat 47.7880, Long -120.6589) upstream to endpoint(s) in: Alder Creek 
(47.8483, -120.6587); Chikamin Creek (47.9785, -120.7194); Chiwawa River 
(48.1048, -120.8773); Goose Creek (47.8392, -120.6461); Minnow Creek 
(47.9137, -120.7182); Phelps Creek (48.0794, -120.8400); Unnamed 
(48.0366, -120.7615).
    (iii) Nason/Tumwater Watershed 1702001103. Outlet(s) = Wenatchee 
River (Lat 47.5801, Long -120.6660) upstream to endpoint(s) in: 
Chiwaukum Creek (47.7039, -120.7791); Nason Creek (47.7769, -120.9103); 
Skinney Creek (47.6894, -120.7351).
    (iv) Icicle/Chumstick Watershed 1702001104. Outlet(s) = Wenatchee 
River (Lat 47.5575, Long -120.5729) upstream to endpoint(s) in: 
Wenatchee River (47.5801, -120.6660).
    (v) Lower Wenatchee River Watershed 1702001105. Outlet(s) = 
Wenatchee River (Lat 47.4553, Long -120.3185) upstream to endpoint(s) 
in: Wenatchee River (47.5575, -120.5729).
    (5) Columbia River Corridor--Columbia River Corridor Outlet(s) = 
Columbia River (Lat 46.2485, Long -124.0782) upstream to endpoint(s) in: 
Columbia River (47.3438, -120.0929).
    (6) Maps of critical habitat for the Upper Columbia River Spring-run 
chinook salmon ESU follow:

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    (m) Hood Canal Summer-run Chum Salmon (Oncorhynchus keta). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Skokomoish Subbasin 17110017--Skokomish River 1711001701. 
Outlet(s) = Skokomish River (Lat 47.3543, Long -123.1122), Unnamed 
(47.3420, -123.1092), Unnamed (47.3471, -123.1275), Unnamed (47.3509. -
123.1101) upstream to endpoint(s) in: Mussel Sheel Creek (47.3039, -
123.1590); Skokomish (47.3199, -123.2198); Unnamed (47.3209, -123.2211).

[[Page 571]]

    (2) Hood Canal Subbasin 17110018--(i) Lower West Hood Canal Frontal 
Watershed 1711001802. Outlet(s)= Eagle Creek (Lat 47.4849, Long -
123.0766); Finch Creek (47.4067, -123.1377); Fulton Creek (47.6183, -
122.9736); Jorsted Creek (47.5263, -123.0489); Lilliwaup Creek (47.4689, 
-123.1136); Unnamed (47.4576, -123.1117) upstream to endpoint(s) in: 
Eagle Creek (47.4905, -123.0830); Finch Creek (47.4076, -123.1586); 
Fulton Creek (47.6275, -122.9805); Jorsted Creek (47.5246, -123.0649); 
Lilliwaup Creek (47.4704, -123.1166); Unnamed (47.4585, -123.1186).
    (ii) Hamma Hamma River Watershed 1711001803. Outlet(s) = Hamma Hamma 
River (Lat 47.5471, Long -123.0440) upstream to endpoint(s) in: Hamma 
Hamma River (47.5547, -123.0623); John Creek (47.5369, -123.0619).
    (iii) Duckabush River Watershed 1711001804. Outlet(s) = Duckabush 
River (Lat 47.6502, Long -122.9348) upstream to endpoint(s) in: 
Duckabush River (47.6654, -122.9728).
    (iv) Dosewallips River Watershed 1711001805. Outlet(s) = Dosewallips 
River (Lat 47.6880, Long -122.8949) upstream to endpoint(s) in: 
Dosewallips River (47.7157, -122.9396).
    (v) Big Quilcene River Watershed 1711001806. Outlet(s) = Big 
Quilcene River (Lat 47.8188, Long -122.8605) upstream to endpoint(s) in: 
Big Quilcene River (47.8102, -122.9119).
    (vi) Upper West Hood Canal Frontal Watershed 1711001807. Outlet(s) = 
Little Quilcene River (Lat 47.8266; Long -122.8608) upstream to 
endpoint(s) in: Little Quilcene River (47.8374, -122.8854).
    (vii) West Kitsap Watershed 1711001808. Outlet(s) = Anderson Creek 
(Lat 47.5670, Long -122.9664); Big Beef Creek (47.6521, -122.7823); 
Dewatto River (47.4538, -123.0474); Little Anderson Creek (47.6653, -
122.7554); Tahuya River (47.3767, -123.0355); Union River (47.4484, -
122.8368); Unnamed (47.3767, -123.0372); Unnamed (47.4537, -123.0474) 
upstream to endpoint(s) in: Anderson Creek (47.5596, -122.9354); Bear 
Creek (47.4980, -122.8074); Big Beef Creek (47.6385, -122.7868); Dewatto 
River (47.4937, -122.9914); East Fork Union River (47.5056, -122.7897); 
Hazel Creek (47.5170, -122.7945); Little Anderson Creek (47.6606, -
122.7543); North East Fork Union River (47.4954, -122.7819); Tahuya 
River (47.4510, -122.9597); Union River (47.5273, -122.7846); Unnamed 
(47.4492, -122.9229); Unnamed (47.4527, -122.8294); Unnamed (47.4553, -
122.8301); Unnamed (47.4594, -122.8396); Unnamed (47.4700, -122.8300); 
Unnamed (47.4852, -122.8313); Unnamed (47.4966, -122.8393); Unnamed 
(47.4971, -122.8315); Unnamed (47.6600, -122.7559); Unnamed (47.6642, -
122.7534).
    (3) Puget Sound Subbasin 17110019--Port Ludlow/Chimacum Creek 
Watershed 1711001908. Outlet(s) = Chimacum Creek (Lat 48.0507, Long -
122.7832) upstream to endpoint(s) in: Chimacum Creek (47.9743, -
122.7764).
    (4) Dungeness/Elwha Subbasin 17110020--(i) Discovery Bay Watershed 
1711002001. Outlet(s) = Salmon Creek (Lat 47.9895, Long -122.8879); Snow 
Creek (47.9900, -122.8834) upstream to endpoint(s) in: Salmon Creek 
(47.9775, -122.9191); Snow Creek (47.9638, -122.8827).
    (ii) Sequim Bay Watershed 1711002002. Outlet(s) = Jimmycomelately 
Creek (Lat 48.0235, Long -123.0039) upstream to endpoint(s) in: 
Jimmycomelately Creek (48.0125, -123.0026).
    (iii) Dungeness River Watershed 1711002003. Outlet(s) = Dungeness 
River (Lat 48.1506, Long -123.1311); Unnamed (48.1537, -123.1267) 
upstream to endpoint(s) in: Dungeness River (48.0258, -123.1358); 
Matriotti Creek (48.1369, -123.1488); Unnamed (48.1167, -123.1403); 
Unnamed (48.1514, -123.1216).
    (5) Nearshore Marine Areas--Except as provided in paragraph (e) of 
this section, critical habitat includes all nearshore marine areas 
(including areas adjacent to islands) of Hood Canal and the Strait of 
Juan de Fuca (to Dungeness Bay) from the line of extreme high tide out 
to a depth of 30 meters.
    (6) Maps of critical habitat for the Hood Canal summer-run chum 
salmon ESU follow:

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    (n) Columbia River Chum Salmon (Oncorhynchus keta). Critical habitat 
is designated to include the areas defined in the following subbasins:
    (1) Middle Columbia/Hood Subbasin 17070105--(i) White Salmon River 
Watershed 1707010509. Outlet(s) = White Salmon River (Lat 45.7267, Long 
-121.5209) upstream to endpoint(s) in: White Salmon River (45.7677, -
121.5374).
    (ii) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) = 
Columbia

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River (Lat 45.7074, Long -121.7965) upstream to endpoint(s) in: Columbia 
River (45.7267, -121.5209).
    (iii) Middle Columbia/Eagle Creek 1707010513. Outlet(s) = Columbia 
River (Lat 45.6453, Long -121.9395) upstream to endpoint(s) in: Columbia 
River (45.7074, -121.7965).
    (2) Lower Columbia/Sandy Subbasin 17080001--(i) Washougal River 
Watershed 1708000106. Outlet(s) = Unnamed (Lat 45.5812, Long -122.4077); 
Washougal River (45.5795, -122.4023) upstream to endpoint(s) in: Lacamas 
Creek (45.5972, -122.3933); Little Washougal River (45.6210, -122.3750); 
Unnamed (45.5861, -122.4083); Washougal River (45.6232, -122.2738).
    (ii) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) = 
Columbia River (Lat 45.5709, Long -122.4020) upstream to endpoint(s) in: 
Columbia River (45.6453, -121.9395); Duncan Creek (45.6136, -122.0539); 
Gibbons Creek (45.5710, -122.3147); Greenleaf Creek (45.6548, -
121.9569); Hamilton Creek (45.6535, -121.9879); Hardy Creek (45.6354, -
121.9987); Indian Mary Creek (45.6066, -122.0716); Lawton Creek 
(45.5746, -122.2501); Unnamed (45.5673, -122.3033); Unnamed (45.6017, -
122.1106); Unnamed (45.6017, -122.1087); Unnamed (45.6483, -121.9725); 
Unnamed (45.6509, -121.9502); Walton Creek (45.5757, -122.2618).
    (iii) Salmon Creek Watershed 1708000109. Outlet(s) = Lake River (Lat 
45.8437, Long -122.7800); Love Creek (45.5976, -122.5443); Unnamed 
(45.5867, -122.5015); Unnamed (45.5919, -122.5241); Unnamed (45.5952, -
122.5366) upstream to endpoint(s) in: Love Creek (45.5981, -122.5444); 
Salmon Creek (45.7089, -122.6480); Unnamed (45.5873, -122.5015); Unnamed 
(45.5924, -122.5242); Unnamed (45.5955, -122.5360).
    (3) Lewis Subbasin 17080002--(i) East Fork Lewis River Watershed 
1708000205. Outlet(s) = East Fork Lewis River (Lat 45.8664, Long -
122.7189); Gee Creek (45.8462, -122.7803) upstream to endpoint(s) in: 
Brezee Creek (45.8622, -122.6667); East Fork Lewis River (45.8395, -
122.4463); Gee Creek (45.8264, -122.7458); Lockwood Creek (45.8578, -
122.6259); Mason Creek (45.8410, -122.5919); McCormick Creek (45.8521, -
122.6907); Riley Creek (45.8663, -122.6349); Unnamed (45.8076, -
122.5878); Unnamed (45.8076, -122.6286); Unnamed (45.8090, -122.6089); 
Unnamed (45.8111, -122.5860); Unnamed (45.8149, -122.5654); Unnamed 
(45.8201, -122.5991); Unnamed (45.8241, -122.6380); Unnamed (45.8280, -
122.6431); Unnamed (45.8292, -122.6040); Unnamed (45.8389, -122.6456); 
Unnamed (45.8439, -122.6478); Unnamed (45.8439, -122.6605).
    (ii) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River 
(Lat 45.8519, Long -122.7806) upstream to endpoint(s) in: Cedar Creek 
(45.9383, -122.5818); Colvin Creek (45.9400, -122.6081); Houghton Creek 
(45.9395, -122.6478); Johnson Creek (45.9385, -122.6261); Lewis River 
(45.9570, -122.5550); Ross Creek (45.9340, -122.7076).
    (4) Lower Columbia/Clatskanie Subbasin 17080003--(i) Kalama River 
Watershed 1708000301. Outlet(s) = Kalama River (Lat 46.0340, Long -
122.8696) upstream to endpoint(s) in: Kalama River (46.0449, -122.8034).
    (ii) Germany/Abernathy Watershed 1708000304. Outlet(s) = Abernethy 
Creek (Lat 46.1908, Long -123.1661); Germany Creek (46.1895, -123.1244); 
Mill Creek (46.1888, -123.1745) upstream to endpoint(s) in: Abernethy 
Creek (46.2263, -123.1467); Germany Creek (46.2221, -123.1353); Mill 
Creek (46.1932, -123.1834).
    (iii) Skamokawa/Elochoman Watershed 1708000305. Outlet(s) = 
Elochoman River (Lat 46.2269, Long -123.4039); Jim Crow Creek (46.2662, 
-123.5511); Skamokawa Creek (46.2677, -123.4562); Unnamed (46.2243, -
123.3975) upstream to endpoint(s) in: Beaver Creek (46.2262, -123.3239); 
Brooks Slough (46.2502, -123.4094); Clear Creek (46.2611, -123.2996); 
Duck Creek (46.2517, -123.3159); Eggman Creek (46.3248, -123.4951); 
Elochoman River (46.2615, -123.2965); Indian Jack Slough (46.2371, -
123.3955); Jim Crow Creek (46.2891, -123.5553); Kelly Creek (46.3109, -
123.4797); Left Fork Skamokawa Creek (46.3331, -123.4610); Quarry Creek 
(46.3292, -123.4241); Skamokawa Creek (46.3277, -123.4236); Unnamed 
(46.2338, -123.3282); Unnamed (46.3293, -123.4534); West Fork Skamokawa 
Creek (46.3119, -123.4889); West Valley Creek (46.2981, -123.4698); 
Wilson Creek (46.3006, -123.3787).
    (5) Lower Cowlitz Subbasin 17080005--(i) Jackson Prairie Watershed 
1708000503. Outlet(s) = Cowlitz River (Lat 46.3678,

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Long -122.9337) upstream to endpoint(s) in: Bear Creek (46.4544, -
122.9187); Blue Creek (46.4885, -122.7253); Coon Creek (46.4272, -
122.9109); Cowlitz River (46.5033, -122.5871); Lacamas Creek (46.5564, -
122.6878); Mill Creek (46.5025, -122.8017); Salmon Creek (46.4130, -
122.8165); Skook Creek (46.4708, -122.7594); Unnamed (46.4191, -
122.8205); Unnamed (46.4205, -122.8662); Unnamed (46.4280, -122.8380); 
Unnamed (46.4707, -122.7713); Unnamed (46.4885, -122.8068); Unnamed 
(46.5076, -122.6675); Unnamed (46.5311, -122.8194); Unnamed (46.5432, -
122.7466).
    (ii) South Fork Toutle River Watershed 1708000506. Outlet(s) = South 
Fork Toutle River (Lat 46.3282, Long -122.7215) upstream to endpoint(s) 
in: Johnson Creek (46.3102, -122.6444); South Fork Toutle River 
(46.2817, -122.6420).
    (iii) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River 
(Lat 46.2660, Long -122.9154) upstream to endpoint(s) in: Arkansas Creek 
(46.3032, -122.9801); Cowlitz River (46.3678, -122.9337); Delameter 
Creek (46.2598, -122.9679); Hill Creek (46.3704, -122.9267); McMurphy 
Creek (46.4082, -122.9520); Monahan Creek (46.2636, -122.9727); North 
Fork Toutle River (46.3669, -122.5859); Olequa Creek (46.4324, -
122.9688); Unnamed (46.2606, -122.9551); Unnamed (46.2642, -122.9291); 
Unnamed (46.2689, -122.9589); Unnamed (46.2880, -122.9051); Unnamed 
(46.2892, -122.9626); Unnamed (46.3294, -122.9085); Unnamed (46.3371, -
122.8922); Unnamed (46.3491, -122.7052); Unnamed (46.3571, -122.7684); 
Unnamed (46.3587, -122.7478); Unnamed (46.3683, -122.7503); Unnamed 
(46.3814, -122.6091); Wyant Creek (46.3314, -122.6768).
    (iv) Coweeman Watershed 1708000508. Outlet(s) = Cowlitz River (Lat 
46.0977, Long -122.9141); Owl Creek (46.0768, -122.8679) upstream to 
endpoint(s) in: Baird Creek (46.1789, -122.5822); Butler Creek (46.1491, 
-122.5170); Cowlitz River (46.2660, -122.9154); Goble Creek (46.1074, -
122.7068);Leckler Creek (46.2164, -122.9325); Mulholland Creek (46.2004, 
-122.6484); Nineteen Creek (46.1593, -122.6095); North Fork Goble Creek 
(46.1208, -122.7691); Owl Creek (46.0914, -122.8692); Salmon Creek 
(46.2547, -122.8839); Sandy Bend Creek (46.2318, -122.9143); Skipper 
Creek (46.1625, -122.5915); Turner Creek (46.1167, -122.8150); Unnamed 
(46.0719, -122.8607); Unnamed (46.0767, -122.8604); Unnamed (46.0897, -
122.7355); Unnamed (46.1295, -122.8993); Unnamed (46.1369, -122.8034); 
Unnamed (46.1441, -122.5816); Unnamed (46.1478, -122.8649); Unnamed 
(46.1516, -122.8749); Unnamed (46.1558, -122.7803); Unnamed (46.1727, -
122.7716); Unnamed (46.1753, -122.7657); Unnamed (46.1940, -122.7068); 
Unnamed (46.2021, -122.6941); Unnamed (46.2416, -122.8869).
    (6) Lower Columbia Subbasin 17080006--(i) Big Creek Watershed 
1708000602. Outlet(s) = Big Creek (Lat 46.1848, Long -123.5943) upstream 
to endpoint(s) in: Big Creek (46.1476, -123.5820); Little Creek 
(46.1510, -123.6007).
    (ii) Grays Bay Watershed 1708000603. Outlet(s) = Deep River (Lat 
46.3035, Long -123.7092); Grays River (46.3035, -123.6867); Unnamed 
(46.2419, -123.8842); Unnamed (46.3026, -123.9702) upstream to 
endpoint(s) in: Alder Creek (46.4279, -123.4621); Blaney Creek (46.3957, 
-123.4607); Campbell Creek (46.3435, -123.7087); Chinook River (46.2685, 
-123.9233); Deep River (46.3480, -123.6865); East Fork Grays River 
(46.4424, -123.4120); Fossil Creek (46.3612, -123.5217); Grays River 
(46.4628, -123.4602); Johnson Creek (46.4544, -123.4732); Kessel Creek 
(46.3336, -123.5850); King Creek (46.3444, -123.5774); Lassila Creek 
(46.3343, -123.7108); Mitchell Creek (46.4512, -123.4269); South Fork 
Grays River (46.3836, -123.4592); Thadbar Creek (46.3331, -123.6092); 
Unnamed (46.2502, -123.8833); Unnamed (46.2847, -123.9402); Unnamed 
(46.2901, -123.9368); Unnamed (46.3605, -123.5228); Unnamed (46.3838, -
123.5454); Unnamed (46.4328, -123.4444); West Fork Grays River (46.3942, 
-123.5611).
    (7) Lower Columbia River Corridor--Lower Columbia River Corridor
    Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to 
endpoint(s) in: Columbia River (45.5709, -122.4020).
    (8) Maps of critical habitat for the Columbia River chum salmon ESU 
follow:

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    (o) Ozette Lake Sockeye Salmon (Oncorhynchus nerka). Critical 
habitat is designated to include the areas defined in the following 
subbasin:
    (1) Hoh/Quillayute Subbasin 17100101--(i) Ozette Lake Watershed 
1710010102. Outlet(s) = Ozette River (Lat 48.1818, Long -124.7076) 
upstream to endpoints in: Big River (48.1844, -124.4987); Coal Creek 
(48.1631, -124.6612); East Branch Umbrella Creek (48.1835, -124.5659); 
North Fork Crooked Creek

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(48.1020, -124.5507); Ozette River (48.0370, -124.6218); South Fork 
Crooked Creek (48.0897, -124.5597); Umbrella Creek (48.2127, -124.5787); 
Unnamed (48.1771, -124.5967); Unnamed (48.1740, -124.6005); Unnamed 
(48.1649, -124.5208).
    (ii) [Reserved]
    (2) A map of critical habitat for the Ozette Lake sockeye salmon ESU 
follows:
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    (p) Upper Columbia River Steelhead (Oncorhynchus mykiss). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Chief Joseph Subbasin 17020005--Upper Columbia/Swamp Creek 
Watershed 1702000505. Outlet(s) = Columbia River (Lat 47.8077, Long -
119.9754) upstream to endpoint(s) in: Columbia River (48.0828, -
119.7062).
    (2) Okanogan Subbasin 17020006--(i) Upper Okanogan River Watershed 
1702000601. Outlet(s) = Okanogan River (Lat 48.7350, Long -119.4280) 
upstream to endpoint(s) in: Antoine Creek (48.7474, -119.3655); Ninemile 
Creek (48.9755, -119.3834); Okanogan River (49.0002, -119.4409); 
Similkameen River (48.9345, -119.4411); Tomasket Creek (48.9502, -
119.3618); Whitestone Creek (48.7773, -119.4170).
    (ii) Okanogan River/Bonaparte Creek Watershed 1702000602. Outlet(s) 
= Okanogan River (Lat 48.5612, Long -119.4863) upstream to endpoint(s) 
in: Aeneas Creek (48.6629, -119.4953); Bonaparte Creek (48.6824, -
119.3947); Okanogan River (48.7350, -119.4280); Tunk Creek (48.5644, -
119.4718).
    (iii) Salmon Creek Watershed 1702000603. Outlet(s) = Salmon Creek 
(Lat 48.3593, Long -119.5805) upstream to endpoint(s) in: Salmon Creek 
(48.5374, -119.7465).
    (iv) Okanogan River/Omak Creek Watershed 1702000604. Outlet(s) = 
Okanogan River (Lat 48.3593, Long -119.5805) upstream to endpoint(s) in: 
Okanogan River (48.5612, -119.4863); Omak Creek (48.3698, -119.4365); 
Unnamed (48.3802, -119.4915).
    (v) Lower Okanogan River Watershed 1702000605. Outlet(s) = Okanogan 
River (Lat 48.0976, Long -119.7352) upstream to endpoint(s) in: 
Chiliwist Creek (48.2643, -119.7304); Loup Loup Creek (48.3080, -
119.7128); Okanogan River (48.3593, -119.5805).
    (3) Similkameen Subbasin 17020007--Lower Similkameen River Watershed 
1702000704. Outlet(s) = Similkameen River (Lat 48.9345, Long -119.4411) 
upstream to endpoint(s) in: Similkameen River (48.9657, -119.5009).
    (4) Methow Subbasin 17020008--(i) Lost River Watershed 1702000801. 
Outlet(s) = Lost River Gorge (Lat 48.6501, Long -120.5103) upstream to 
endpoint(s) in: Lost River Gorge (48.7324, -120.4475).
    (ii) Upper Methow River Watershed 1702000802. Outlet(s) = Methow 
River (Lat 48.6015, Long -120.4376) upstream to endpoint(s) in: Early 
Winters Creek (48.5889, -120.4711); Methow River (48.6597, -120.5368).
    (iii) Upper Chewuch River Watershed 1702000803. Outlet(s) = Chewuch 
River (Lat 48.7501, Long -120.1356) upstream to endpoint(s) in: Andrews 
Creek (48.7855, -120.1087); Chewuch River (48.8614, -120.0288); Lake 
Creek (48.8258, -120.1996).
    (iv) Lower Chewuch River Watershed 1702000804. Outlet(s) = Chewuch 
River (Lat 48.4751, Long -120.1790) upstream to endpoint(s) in: Boulder 
Creek (48.5804, -120.1521); Chewuch River (48.7501, -120.1356); 
Eightmile Creek (48.6167, -120.1975); Twentymile Creek (48.7025, -
120.1087).
    (v) Twisp River Watershed 1702000805. Outlet(s) = Twisp River (Lat 
48.3682, Long -120.1176) upstream to endpoint(s) in: Buttermilk Creek 
48.3414, -120.3034); Eagle Creek (48.3579, -120.3953); Little Bridge 
Creek (48.4289, -120.3552); South Creek (48.4329, -120.5434); Twisp 
River (48.4545, -120.5621); War Creek (48.3626, -120.4106).
    (vi) Middle Methow River Watershed 1702000806. Outlet(s) = Methow 
River (Lat 48.2495, Long -120.1156) upstream to endpoint(s) in: Goat 
Creek (48.6101, -120.3692); Hancock Creek (48.5338, -120.3310); Little 
Boulder Creek (48.5569, -120.3847); Methow River (48.6015, -120.4376); 
North Fork Beaver Creek (48.4340, -120.0228); Wolf Creek (48.4777, -
120.2844).
    (vii) Lower Methow River Watershed 1702000807. Outlet(s) = Methow 
River (Lat 48.0502, Long -119.8942) upstream to endpoint(s) in: Black 
Canyon Creek (48.0721, -120.0168); Foggy Dew Creek (48.1869, -120.2344); 
Gold Creek (48.2113, -120.2021); Libby Creek (48.2548, -120.1653); 
Methow River (48.2495, -120.1156); South Fork Gold Creek (48.1468, -
120.1650).
    (5) Upper Columbia/Entiat Subbasin 17020010--(i) Entiat River 
Watershed 1702001001. Outlet(s) = Entiat River (Lat 47.6585, Long -
120.2194) upstream to endpoint(s) in: Entiat River (47.9855, -120.5749); 
Mad River (47.8254, -120.5301); Potato Creek (47.7944, -120.3889); 
Roaring Creek (47.6795, -120.4163); Stormy Creek (47.8246, -120.4125); 
Tamarack

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Creek (47.6699, -120.4041); Tillicum Creek (47.7295, -120.4303).
    (ii) Lake Entiat Watershed 1702001002. Outlet(s) = Columbia River 
(Lat 47.3539, Long -120.1105) upstream to endpoint(s) in: Columbia River 
(47.8077, -119.9754).
    (iii) Columbia River/Lynch Coulee Watershed 1702001003. Outlet(s) = 
Columbia River (Lat 47.0494, Long -120.0241) upstream to endpoint(s) in: 
Brushy Creek (47.1316, -120.1493); Colockum Creek (47.2919, -120.1592); 
Columbia River (47.3539, -120.1105); Lynch Coulee (47.2320, -119.9943); 
Quilomene Creek (47.1105, -120.0379); Tarpiscan Creek (47.2264, -
120.0922); Tekison Creek (47.1816, -120.0206).
    (iv) Columbia River/Sand Hollow Watershed 1702001004. Outlet(s) = 
Columbia River (Lat 46.8159, Long -119.9255) upstream to endpoint(s) in: 
Columbia River (47.0494, -120.0241); Sand Hollow (46.9296, -119.9365); 
Whiskey Dick Creek (47.0302, -120.0331).
    (6) Wenatchee Subbasin 17020011--(i) White River Watershed 
1702001101. Outlet(s) = White River (Lat 47.8088, Long -120.7159) 
upstream to endpoint(s) in: Little Wenatchee River (47.8526, -120.9541); 
Napeequa River (47.9359, -120.8712); Panther Creek (47.9375, -120.9408); 
White River (47.9535, -120.9380).
    (ii) Chiwawa River Watershed 1702001102. Outlet(s) = Chiwawa River 
(Lat 47.7880, Long -120.6589) upstream to endpoint(s) in: Alder Creek 
(47.8565, -120.6564); Alpine Creek (48.0823, -120.8683); Buck Creek 
(48.1045, -120.8815); Chikamin Creek (47.9111, -120.7165); Chiwawa River 
(48.1140, -120.8775); Clear Creek (47.8016, -120.6210); James Creek 
(48.0748, -120.8598); Phelps Creek (48.0743, -120.8484); Unnamed 
(47.9727, -120.7878).
    (iii) Nason/Tumwater Watershed 1702001103. Outlet(s) = Wenatchee 
River (Lat 47.5801, Long -120.6660) upstream to endpoint(s) in: Beaver 
Creek (47.7649, -120.6553); Chiwaukum Creek (47.7038, -120.7788); 
Coulter Creek (47.7594, -120.7969); Gill Creek (47.7716, -120.8237); 
Kahler Creek (47.7691, -120.7558); Mill Creek (47.7744, -121.0117); 
Nason Creek (47.7825, -121.0464); Roaring Creek (47.7572, -120.8203); 
Skinney Creek (47.7247, -120.7370).
    (iv) Icicle/Chumstick Watershed 1702001104. Outlet(s) = Wenatchee 
River (Lat 47.5575, Long -120.5729) upstream to endpoint(s) in: 
Chumstick Creek (47.6785, -120.6385); Derby Canyon (47.6036, -120.5623); 
Eagle Creek (47.6342, -120.6261); Icicle Creek (47.6460, -120.9833); 
Wenatchee River (47.5801, -120.6660).
    (v) Lower Wenatchee River Watershed 1702001105. Outlet(s) = 
Wenatchee River (Lat 47.4553, Long -120.3185) upstream to endpoint(s) 
in: Brender Creek (47.5214, -120.4844); Ingalls Creek (47.4612, -
120.6776); King Canyon (47.3522, -120.4423); Mill Creek (47.5139, -
120.6724); Mission Creek (47.3289, -120.4771); Peshastin Creek (47.4380, 
-120.6590); Sand Creek (47.4321, -120.5307); Wenatchee River (47.5575, -
120.5729).
    (7) Lower Crab Subbasin 17020015--Lower Crab Creek Watershed 
1702001509. Outlet(s) = Lower Crab Creek (Lat 46.8159, Long -119.9255) 
upstream to endpoint(s) in: Hayes Creek (46.8821, -119.2703); Lower Crab 
Creek (46.9028, -119.2785); Unnamed (46.8157, -119.4326); Unnamed 
(46.8243, -119.4429); Unnamed (46.8353, -119.3750); Unnamed (46.8658, -
119.3757); Unnamed (46.8770, -119.5863).
    (8) Upper Columbia/Priest Rapids Subbasin 17020016--(i) Yakima 
River/Hanson Creek Watershed 1702001604. Outlet(s) = Columbia River (Lat 
46.7159, Long -119.5294) upstream to endpoint(s) in: Columbia River 
(46.8159, -119.9255).
    (ii) Middle Columbia/Priest Rapids Watershed 1702001605. Outlet(s) = 
Columbia River (Lat 46.5091, Long -119.2661) upstream to endpoint(s) in: 
Columbia River (46.7159, -119.5294).
    (iii) Columbia River/Zintel Canyon Watershed 1702001606. Outlet(s) = 
Columbia River (Lat 46.2534, Long -119.2268) upstream to endpoint(s) in: 
Columbia River (46.5091, -119.2661).
    (9) Columbia River Corridor--Columbia River Corridor. Outlet(s) = 
Columbia River (Lat 46.2485, Long -124.0782) upstream to endpoint(s) in: 
Columbia River (46.2534, -119.2268).
    (10) Maps of critical habitat for the Upper Columbia River Steelhead 
ESU follow:

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    (q) Snake River Basin Steelhead (Oncorhynchus mykiss). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Hells Canyon Subbasin 17060101--(i) Snake River/Granite Creek 
Watershed 1706010101. Outlet(s) = Snake River (Lat 45.467, Long -
116.554) upstream to endpoint(s) in: Battle Creek (45.307, -116.697); 
Bernard Creek (45.387, -116.569); Brush Creek (45.275, -116.657); Bull 
Creek (45.329, -116.673); Deep Creek

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(45.237, -116.674); Devils Farm Creek (45.301, -116.611); Granite Creek 
(45.277, -116.630); Hells Canyon (45.254, -116.698); Lightning Creek 
(45.440, -116.500); Little Granite Creek (45.335, -116.636); North Fork 
Battle Creek (45.316, -116.687); Rattlesnake Creek (45.457, -116.610); 
Rough Creek (45.397, -116.638); Rush Creek (45.468, -116.596); Saddle 
Creek (45.375, -116.721); Sheep Creek (45.406, -116.523); Sluice Creek 
(45.445, -116.622); Snake River (45.243, -116.700); Stud Creek (45.267, 
-116.693); Three Creek (45.353, -116.610); Unnamed (45.468, -116.610); 
Unnamed (45.4787, -116.4799); Wild Sheep Creek (45.326, -116.676).
    (ii) Snake River/Getta Creek Watershed 1706010102. Outlet(s) = Snake 
River (Lat 45.747, Long -116.543) upstream to endpoint(s) in: Big Canyon 
Creek (45.689, -116.467); Corral Creek (45.588, -116.433); Cove Creek 
(45.553, -116.574); Durham Creek (45.595, -116.472); Getta Creek 
(45.736, -116.421); Highrange Creek (45.738, -116.518); Indian Creek 
(45.744, -116.449); Jones Creek (45.703, -116.526); Kirby Creek (45.575, 
-116.454); Kirkwood Creek (45.548, -116.457); Klopton Creek (45.627, -
116.434); Kurry Creek (45.656, -116.426); Lookout Creek (45.713, -
116.542); Lost Valley Creek (45.550, -116.482); Pleasant Valley Creek 
(45.647, -116.492); Salt Creek (45.576, -116.554); SCreek (45.491, -
116.574); Snake River (45.468, -116.554); Somers Creek (45.645, -
116.553); Temperance Creek (45.537, -116.571); Tryon Creek (45.694, -
116.540); Two Corral Creek (45.561, -116.526); Unnamed (45.5817, -
116.5098); West Creek (45.664, -116.453); West Fork West Creek (45.669, 
-116.463).
    (iii) Snake River/Divide Creek Watershed 1706010104. Outlet(s) = 
Snake River (Lat 45.857 Long -116.794) upstream to endpoint(s) in: 
Divide Creek (45.859, -116.741); Dry Creek (45.842, -116.598); Snake 
River (45.747, -116.543); Unnamed (45.7599, -116.6456); Wolf Creek 
(45.776, -116.567).
    (2) Imnaha River Subbasin 17060102--(i) Upper Imnaha River Watershed 
1706010201. Outlet(s) = Imnaha River (Lat 45.232, Long -116.844) 
upstream to endpoint(s) in: Crazyman Creek (45.190, -116.811); Dry Creek 
(45.123, -116.867); Gumboot Creek (45.147, -116.968); Mahogany Creek 
(45.201, -116.905); North Fork Dry Creek (45.143, -116.850); North Fork 
Gumboot Creek (45.184, -116.928); North Fork Imnaha River (45.118, -
117.129); Skookum Creek (45.117, -116.938); South Fork Imnaha River 
(45.111, -117.230); Unnamed (45.188, -116.923); Unnamed (45.208, -
116.890).
    (ii) Middle Imnaha River Watershed 1706010202. Outlet(s) = Imnaha 
River (Lat 45.557, Long -116.834) upstream to endpoint(s) in: Freezeout 
Creek (45.352, -116.761); Grouse Creek (45.179, -116.976); Imnaha River 
(45.232, -116.844); Morgan Creek (45.261, -116.948); Rich Creek (45.243, 
-116.869); Road Creek (45.279, -116.932); Shadow Canyon (45.295, -
116.860); Summit Creek (45.228, -116.793); Unnamed (45.203, -116.978); 
Unnamed (45.203, -116.943); Unnamed (45.250, -116.923).
    (iii) Big Sheep Creek Watershed 1706010203. Outlet(s) = Big Sheep 
Creek (Lat 45.520, Long -116.859) upstream to endpoint(s) in: Big Sheep 
Creek (45.171, -117.086); Carrol Creek (45.240, -117.063); Griffith 
Creek (45.273, -117.061); Lick Creek (45.133, -117.056); Marr Creek 
(45.299, -116.949); North Fork Carrol Creek (45.295, -116.993); South 
Fork Squaw Creek (45.354, -116.872); Tyee Creek (45.188, -116.991); 
Unnamed (45.164, -117.023); Unnamed (45.239, -117.045); Unnamed (45.297, 
-116.940).
    (iv) Little Sheep Creek Watershed 1706010204. Outlet(s) = Big Sheep 
Creek (Lat 45.557, Long -116.834) upstream to endpoint(s) in: Bear Gulch 
(45.379, -116.955); Big Sheep Creek (45.520, -116.859); Camp Creek 
(45.544, -116.959); Canal Creek (45.256, -117.103); Devils Gulch 
(45.428, -116.962); Downey Gulch (45.405, -116.958); Ferguson Creek 
(45.267, -117.106); Lightning Creek (45.475, -117.020); Little Sheep 
Creek (45.236, -117.083); McCully Creek (45.295, -117.107); Redmont 
Creek (45.250, -117.099); South Fork Lightning Creek (45.473, -117.019); 
Summit Creek (45.390, -116.930); Threebuck Creek (45.395, -117.012); 
Trail Creek (45.563, -116.898).
    (v) Lower Imnaha River Watershed 1706010205. Outlet(s) = Imnaha 
River (Lat 45.817, Long -116.764) upstream to endpoint(s) in: Corral 
Creek (45.708, -116.815); Cottonwood Creek (45.659, -116.865); Cow Creek 
(45.573, -116.628); Dodson Fork (45.725, -116.821); East Fork Fence 
Creek (45.652, -116.855); Fence Creek (45.655, -116.875); Horse Creek 
(45.421, -116.725); Imnaha River (45.557, -116.834); Lightning Creek

[[Page 602]]

(45.447, -116.682); Prong (45.589, -116.592); Pumpkin Creek (45.517, -
116.758); Sleepy Creek (45.604, -116.666); Stubblefield Fork (45.711, -
116.815); Tulley Creek (45.743, -116.766).
    (3) Lower Snake/Asotin Subbasin 17060103--(i) Snake River/Rogersburg 
Watershed 1706010301. Outlet(s) = Snake River (Lat 46.080, Long -
116.978) upstream to endpoint(s) in: Cache Creek (45.976, -116.928); 
Cave Gulch (46.023, -116.840); Cook Creek (45.901, -116.865); Corral 
Creek (46.055, -116.875); Cottonwood Creek (45.944, -116.860); Garden 
Creek (45.972, -116.903); Snake River (45.857, -116.794).
    (ii) Asotin River Watershed 1706010302. Outlet(s) = Asotin Creek 
(Lat 46.345, Long -117.053) upstream to endpoint(s) in: Ayers Gulch 
(46.278, -117.094); Charley Creek (46.271, -117.460); Coombs Canyon 
(46.128, -117.276); George Creek (46.144, -117.303); Hefflefinger Gulch 
(46.151, -117.231); Huber Gulch (46.155, -117.188); Kelly Creek (46.251, 
-117.114); Lick Creek (46.260, -117.358); Middle Branch North Fork 
Asotin Creek (46.195, -117.439); Nims Gulch (46.178, -117.121); North 
Fork Asotin Creek (46.207, -117.478); Pintler Creek (46.194, -117.153); 
South Fork Asotin Creek (46.174, -117.341); South Fork North Fork Asotin 
Creek (46.192, -117.425).
    (iii) Snake River/Captain John Creek Watershed 1706010303. Outlet(s) 
= Snake River (Lat 46.428, Long -117.038) upstream to endpoint(s) in: 
Captain John Creek (46.145, -116.821); Couse Creek (46.157, -117.032); 
Edeburn Gulch (46.142, -117.008); Mill Creek (46.157, -117.078); Redbird 
Creek (46.220, -116.898); Snake River (46.080, -116.978); South Fork 
Captain John Creek (46.123, -116.864); Tammany Creek (46.362, -117.052); 
Tenmile Canyon (46.284, -116.976); Tenmile Creek (46.123, -117.086); 
Unnamed (46.119, -117.100); Unnamed (46.124, -117.111).
    (4) Upper Grande Ronde River Subbasin 17060104--(i) Upper Grande 
Ronde River Watershed 1706010401. Outlet(s) = Grande Ronde River (Lat 
45.264, Long -118.376) upstream to endpoint(s) in: Chicken Creek 
(44.987, -118.378); Clear Creek (45.014, -118.329); Dry Creek (45.052, -
118.380); East Fork Grande Ronde River (45.060, -118.237); East Sheep 
Creek (44.987, -118.425); Fly Creek (45.125, -118.596); Grande Ronde 
River (44.998, -118.273); Limber Jim Creek (45.107, -118.270); Little 
Clear Creek (45.038, -118.300); Little Fly Creek (45.062, -118.504); 
Lookout Creek (45.065, -118.543); Muir Creek (45.066, -118.297); North 
Fork Limber Jim Creek (45.125, -118.308); Sheep Creek (45.016, -
118.507); South Fork Limber Jim Creek (45.088, -118.304); Squaw Creek 
(45.103, -118.554); Umapine Creek (45.116, -118.571); Unnamed (45.042, -
118.269); Unnamed (45.045, -118.417); West Chicken Creek (45.025, -
118.404); Winter Canyon (45.215, -118.361).
    (ii) Meadow Creek Watershed 1706010402. Outlet(s) = Meadow Creek 
(Lat 45.264, Long -118.376) upstream to endpoint(s) in: Battle Creek 
(45.216, -118.507); Bear Creek (45.210, -118.577); Burnt Corral Creek 
(45.159, -118.524); Dark Canyon (45.382, -118.394); East Burnt Corral 
Creek (45.173, -118.498); Ensign Creek (45.361, -118.554); Little Dark 
Canyon (45.322, -118.418); Marley Creek (45.177, -118.476); McCoy Creek 
(45.322, -118.628); McIntyre Creek (45.345, -118.459); Meadow Creek 
(45.286, -118.716); Peet Creek (45.233, -118.611); Smith Creek (45.295, 
-118.594); Sullivan Gulch (45.200, -118.515); Syrup Creek (45.296, -
118.543); Tybow Canyon (45.214, -118.467); Unnamed (45.206, -118.552); 
Unnamed (45.275, -118.695); Unnamed (45.295, -118.718); Unnamed (45.330, 
-118.551); Waucup Creek (45.243, -118.660).
    (iii) Grande Ronde River/Beaver Creek Watershed 1706010403. 
Outlet(s) = Grande Ronde River (Lat 45.347, Long -118.221) upstream to 
endpoint(s) in: Bear Creek (45.283, -118.270); Beaver Creek (45.146, -
118.206); Dry Beaver Creek (45.168, -118.316); East Fork Rock Creek 
(45.166, -118.111); Grande Ronde River (45.264, -118.376); Graves Creek 
(45.245, -118.161); Hoodoo Creek (45.154, -118.259); Jordan Creek 
(45.162, -118.187); Little Beaver Creek (45.185, -118.333); Little 
Whiskey Creek (45.209, -118.178); Rock Creek (45.172, -118.139); Sheep 
Creek (45.281, -118.130); South Fork Spring Creek (45.346, -118.363); 
Spring Creek (45.396, -118.372); Unnamed (45.167, -118.144); Unnamed 
(45.227, -118.262); Unnamed (45.231, -118.279); Unnamed (45.232, -
118.091); Unnamed (45.240, -118.257); Watermelon Creek (45.195, -
118.277); Whiskey Creek (45.198, -118.181).

[[Page 603]]

    (iv) Grande Ronde River/Five Points Creek Watershed 1706010404. 
Outlet(s) = Grande Ronde River (Lat 45.408, Long -117.930) upstream to 
endpoint(s) in: California Gulch (45.406, -118.335); Conley Creek 
(45.406, -118.084); Dobbin Ditch (45.377, -118.017); Dry Creek (45.426, 
-118.379); Fiddlers Hell (45.443, -118.145); Five Points Creek (45.482, 
-118.143); Grande Ronde River (45.347, -118.221); Little John Day Creek 
(45.430, -118.192); Middle Fork Five Points Creek (45.485, -118.129); Mt 
Emily Creek (45.465, -118.125); Pelican Creek (45.438, -118.318); Tie 
Creek (45.420, -118.129); Unnamed (45.385, -118.043); Unnamed (45.423, -
118.243).
    (v) Catherine Creek Watershed 1706010405. Outlet(s) = Catherine 
Creek (Lat 45.219, Long -117.915) upstream to endpoint(s) in: Buck Creek 
(45.132, -117.606); Camp Creek (45.100, -117.596); Collins Creek 
(45.100, -117.531); Corral Creek (45.113, -117.575); Little Catherine 
Creek (45.148, -117.716); Middle Fork Catherine Creek (45.155, -
117.567); Milk Creek (45.092, -117.717); North Fork Catherine Creek 
(45.221, -117.610); Pole Creek (45.123, -117.544); Prong Creek (45.096, 
-117.565); SPass Creek (45.115, -117.528); Scout Creek (45.105, -
117.644); South Fork Catherine Creek (45.116, -117.503); Unnamed 
(45.104, -117.685).
    (vi) Ladd Creek Watershed 1706010406. Outlet(s) = Ladd Creek (Lat 
45.282, Long -117.936) upstream to endpoint(s) in: Catherine Creek 
(45.219, -117.915); Ladd Creek (45.215, -118.024); Little Creek (45.210, 
-117.784); Mill Creek (45.263, -118.083); Unnamed (45.259, -118.039).
    (vii) Grande Ronde River/Mill Creek Watershed 1706010407. Outlet(s) 
= Grande Ronde River (Lat 45.408, Long -117.930) upstream to endpoint(s) 
in: Catherine Creek (45.282, -117.936); McAlister Slough (45.315, -
117.973); Mill Creek (45.278, -117.728); Unnamed (45.297, -117.806).
    (viii) Phillips Creek/Willow Creek Watershed 1706010408. Outlet(s) = 
Willow Creek (Lat 45.492, Long -117.931) upstream to endpoint(s) in: Dry 
Creek (45.640, -118.114); End Creek (45.4622, -118.0316); Finley Creek 
(45.625, -118.099); Fir Creek (45.5171, -118.0568); Little Dry Creek 
(45.5348, -118.0393); McDonald Creek (45.5348, -118.0393); Mill Creek 
(45.568, -118.025); Slide Creek (45.422, -118.028); Smith Creek 
(45.5256, -118.0537); Unnamed (45.525, -118.014).
    (ix) Grande Ronde River/Indian Creek Watershed 1706010409. Outlet(s) 
= Grande Ronde River (Lat 45.560, Long -117.910) upstream to endpoint(s) 
in: Camp Creek (45.386, -117.720); Clark Creek (45.409, -117.728); East 
Fork Indian Creek (45.363, -117.737); Grande Ronde River (45.408, -
117.930); Indian Creek (45.332, -117.717); Little Indian Creek (45.375, 
-117.785); Middle Fork Clark Creek (45.462, -117.764); North Fork Clark 
Creek (45.502, -117.733); North Fork Indian Creek (45.419, -117.787); 
Unnamed (45.375, -117.739); Unnamed (45.476, -117.757).
    (x) Lookingglass Creek Watershed 1706010410. Outlet(s) = 
Lookingglass Creek (Lat 45.707, Long -117.841) upstream to endpoint(s) 
in: Buzzard Creek (45.845, -117.939); Eagle Creek (45.723, -118.005); 
Jarboe Creek (45.776, -117.855); Little Lookingglass Creek (45.848, -
117.901); Lookingglass Creek (45.777, -118.070); Mottet Creek (45.827, -
117.958); Unnamed (45.835, -117.869); Unnamed (45.844, -117.893).
    (xi) Grande Ronde River/Cabin Creek Watershed 1706010411. Outlet(s) 
= Grande Ronde River (Lat 45.726, Long -117.784) upstream to endpoint(s) 
in: Buck Creek (45.662, -117.919); Duncan Canyon (45.654, -117.776); 
East Phillips Creek (45.669, -118.066); Gordon Creek (45.665, -118.001); 
Grande Ronde River (45.560, -117.910); Little Phillips Creek (45.668, -
118.036); North Fork Cabin Creek (45.721, -117.929); Pedro Creek 
(45.676, -118.051); Phillips Creek (45.666, -118.089); Rysdam Canyon 
(45.633, -117.812); South Fork Cabin Creek (45.698, -117.963); Unnamed 
(45.661, -117.930); Unnamed (45.672, -117.941); Unnamed (45.682, -
117.974); Unnamed (45.695, -117.927); Unnamed (45.707, -117.916).
    (5) Wallowa River Subbasin 17060105--(i) Upper Wallowa River 
Watershed 1706010501. Outlet(s) = Wallowa River (Lat 45.427, Long -
117.310) upstream to endpoint(s) in: Hurricane Creek (45.337, -117.291); 
Little Hurricane Creek (45.407, -117.276); Prairie Creek (45.394, -
117.189); Spring Creek (45.406, -117.287); Trout Creek (45.455, -
117.281); Unnamed (45.387, -117.215); Unnamed (45.392, -117.214); 
Unnamed (45.411, -117.264); Unnamed (45.412, -117.156); Unnamed

[[Page 604]]

(45.424, -117.313); Wallowa River (45.335, -117.222).
    (ii) Lostine River Watershed 1706010502. Outlet(s) = Lostine River 
(Lat 45.552, Long -117.489) upstream to endpoint(s) in: Lostine River 
(45.245, -117.375); Silver Creek (45.394, -117.420).
    (iii) Middle Wallowa River Watershed 1706010503. Outlet(s) = Wallowa 
River (Lat 45.584, Long -117.540) upstream to endpoint(s) in: Middle 
Fork Whisky Creek (45.590, -117.342); North Fork Whisky Creek (45.614, -
117.331); Parsnip Creek (45.533, -117.419); South Fork Whisky Creek 
(45.590, -117.413); Straight Whisky Creek (45.622, -117.396); Wallowa 
River (45.427, -117.310); Whisky Creek (45.608, -117.397).
    (iv) Bear Creek Watershed 1706010504. Outlet(s) = Bear Creek (Lat 
45.584, Long -117.540) upstream to endpoint(s) in: Bear Creek (45.347, -
117.500); Doc Creek (45.449, -117.572); Fox Creek (45.447, -117.562); 
Goat Creek (45.413, -117.519); Little Bear Creek (45.456, -117.500).
    (v) Minam River Watershed 1706010505. Outlet(s) = Minam River (Lat 
45.621, Long -117.720) upstream to endpoint(s) in: Cougar Creek (45.517, 
-117.672); Elk Creek (45.157, -117.480); Little Minam River (45.338, -
117.643); Minam River (45.149, -117.392); Murphy Creek (45.414, -
117.644); North Minam River (45.275, -117.520); Patrick Creek (45.426, -
117.645); Squaw Creek (45.576, -117.706); Trout Creek (45.471, -
117.652).
    (vi) Lower Wallowa River Watershed 1706010506. Outlet(s) = Wallowa 
River (Lat 45.726, Long -117.784) upstream to endpoint(s) in: Deer Creek 
(45.452, -117.606); Dry Creek (45.650, -117.439); Fisher Creek (45.666, 
-117.750); Howard Creek (45.735, -117.695); Reagin Gulch (45.670, -
117.559); Rock Creek (45.679, -117.620); Sage Creek (45.486, -117.590); 
Tamarack Canyon (45.656, -117.518); Unnamed (45.618, -117.629); Unnamed 
(45.654, -117.442); Unnamed (45.678, -117.556); Wallowa River (45.584, -
117.540); Water Canyon (45.589, -117.614); Wise Creek (45.671, -
117.705).
    (6) Lower Grande Ronde Subbasin 17060106--(i) Grande Ronde River/
Rondowa Watershed 1706010601. Outlet(s) = Grande Ronde River (Lat 
45.896, Long -117.493) upstream to endpoint(s) in: Alder Creek (45.844, 
-117.750); Bear Creek (45.885, -117.752); Clear Creek (45.775, -
117.714); Deep Creek (45.817, -117.651); East Grossman Creek (45.819, -
117.625); Elbow Creek (45.927, -117.630); Grande Ronde River (45.726, -
117.784); Grossman Creek (45.732, -117.614); Meadow Creek (45.825, -
117.760); Sheep Creek (45.756, -117.797); Sickfoot Creek (45.842, -
117.567); Unnamed (45.746, -117.656).
    (ii) Grande Ronde River/Mud Creek Watershed 1706010602. Outlet(s) = 
Grande Ronde River (Lat 45.946, Long -117.450) upstream to endpoint(s) 
in: Bishop Creek (45.747, -117.555); Bobcat Creek (45.853, -117.370); 
Buck Creek (45.758, -117.298); Burnt Creek (45.769, -117.283); Courtney 
Creek (45.857, -117.314); Grande Ronde River (45.896, -117.493); Little 
Courtney Canyon (45.903, -117.385); McAllister Creek (45.683, -117.361); 
McCubbin Creek (45.700, -117.294); Mud Creek (45.633, -117.291); Unnamed 
(45.867, -117.329); Shamrock Creek (45.828, -117.335); Simmons Draw 
(45.730, -117.514); Sled Creek (45.730, -117.278); Teepee Creek (45.694, 
-117.349); Tope Creek (45.634, -117.330); Unnamed (45.710, -117.283); 
Unnamed (45.856, -117.312); Wallupa Creek (45.765, -117.528); Wildcat 
Creek (45.732, -117.489).
    (iii) Wenaha River Watershed 1706010603. Outlet(s) = Wenaha River 
(Lat 45.946, Long -117.450) upstream to endpoint(s) in: Beaver Creek 
(46.002, -117.815); Crooked Creek (46.046, -117.624); First Creek 
(46.071, -117.519); Melton Creek (46.060, -117.566); Milk Creek (45.973, 
-117.902); North Fork Wenaha River (46.064, -117.912); Rock Creek 
(45.999, -117.766); Second Creek (46.065, -117.595); Slick Ear Creek 
(45.983, -117.784); South Fork Wenaha River (45.872, -117.897); Third 
Creek (46.089, -117.627); Weller Creek (45.989, -117.648); West Fork 
Butte Creek (46.064, -117.759).
    (iv) Chesnimnus Creek Watershed 1706010604. Outlet(s) = Chesnimnus 
Creek (Lat 45.715, Long -117.155) upstream to endpoint(s) in: Alder 
Creek (45.702, -116.997); Billy Creek (45.815, -117.032); Butte Creek 
(45.641, -117.096); Chesnimnus Creek (45.718, -116.906); Deadman Gulch 
(45.659, -117.049); Devils Run Creek (45.775, -116.882); Doe Creek 
(45.751, -117.029); Dry Salmon Creek (45.663, -117.051); East Fork 
Peavine Creek (45.830, -117.061); Gooseberry

[[Page 605]]

Creek (45.681, -117.110); McCarty Gulch (45.749, -117.064); Peavine 
Creek (45.795, -117.084); Pine Creek (45.673, -117.029); Poison Creek 
(45.791, -116.979); Salmon Creek (45.662, -117.038); South Fork 
Chesnimnus Creek (45.743, -116.861); Sterling Gulch (45.712, -117.000); 
Summit Creek (45.794, -116.947); Telephone Gulch (45.767, -117.076); TNT 
Gulch (45.754, -116.919); Unnamed (45.694, -117.013); Unnamed (45.709, -
116.878); Unnamed (45.724, -116.867); Unnamed (45.742, -117.090); 
Unnamed (45.825, -117.004); Unnamed (45.838, -117.009); Unnamed (45.846, 
-117.029); West Fork Peavine Creek (45.805, -117.100).
    (v) Upper Joseph Creek Watershed 1706010605. Outlet(s) = Joseph 
Creek (Lat 45.823, Long -117.231) upstream to endpoint(s) in: Alford 
Gulch (45.729, -117.165); Cougar Creek (45.806, -117.150); Crow Creek 
(45.536, -117.115); Davis Creek (45.658, -117.257); Elk Creek (45.598, -
117.167); Gould Gulch (45.657, -117.181); Little Elk Creek (45.694, -
117.199); Sumac Creek (45.753, -117.148); Swamp Creek (45.543, -
117.218); Unnamed (45.597, -117.141).
    (vi) Lower Joseph Creek Watershed 1706010606. Outlet(s) = Joseph 
Creek (Lat 46.053, Long -117.005) upstream to endpoint(s) in: Basin 
Creek (45.910, -117.057); Broady Creek (45.882, -117.076); Cottonwood 
Creek (45.832, -116.950); Horse Creek (45.945, -116.962); Joseph Creek 
(45.823, -117.231); Peavine Creek (45.879, -117.162); Rush Creek 
(45.899, -117.150); Tamarack Creek (45.964, -117.127); Unnamed (45.826, 
-116.957); West Fork Broady Creek (45.862, -117.102).
    (vii) Lower Grande Ronde River/Menatchee Creek Watershed 1706010607. 
Outlet(s) = Grande Ronde River (Lat 46.080, Long -116.978) upstream to 
endpoint(s) in: Bear Creek (45.973, -117.455); Buford Creek (45.975, -
117.276); Cottonwood Creek (46.071, -117.301); Cougar Creek (46.049, -
117.327); Deer Creek (45.992, -117.191); East Bear Creek (45.960, -
117.307); Grande Ronde River (45.946, -117.450); Grouse Creek (46.031, -
117.460); Menatchee Creek (46.018, -117.371); Rattlesnake Creek (46.079, 
-117.204); Shumaker Creek (46.049, -117.117); West Bear Creek (45.951, -
117.337); West Branch Rattlesnake Creek (46.086, -117.258).
    (7) Lower Snake/Tucannon Subbasin 17060107--(i) Alpowa Creek 
Watershed 1706010701. Outlet(s) = Alpowa Creek (Lat 46.422, Long -
117.203) upstream to endpoint(s) in: Kidwell Gulch (46.338, -117.480); 
Page Creek (46.402, -117.210); Pow Wah Kee Creek (46.389, -117.288).
    (ii) Snake River/Steptoe Canyon Watershed 1706010702. Outlet(s) = 
Snake River (Lat 46.660, Long -117.433) upstream to endpoint(s) in: 
Offield Canyon (46.648, -117.420); Snake River (46.428, -117.038); 
Steptoe Canyon (46.455, -117.192); Truax Canyon (46.565, -117.348); 
Wawawai Canyon (46.636, -117.375).
    (iii) Deadman Creek Watershed 1706010703. Outlet(s) = Deadman Creek 
(Lat 46.626, Long -117.799) upstream to endpoint(s) in: Deadman Gulch 
(46.574, -117.565); Lynn Gulch (46.628, -117.597); North Deadman Creek 
(46.578, -117.457); North Meadow Creek (46.517, -117.489); South Meadow 
Creek (46.507, -117.508).
    (iv) Upper Tucannon River Watershed 1706010706. Outlet(s) = Tucannon 
River (Lat 46.509, Long -117.995) upstream to endpoint(s) in: Cummings 
Creek (46.235, -117.610); Little Tucannon River (46.221, -117.758); 
Meadow Creek (46.163, -117.728); Panjab Creek (46.171, -117.709); Sheep 
Creek (46.196, -117.623); Tucannon River (46.168, -117.559); Tumalum 
Creek (46.315, -117.585).
    (v) Lower Tucannon River Watershed 1706010707. Outlet(s) = Tucannon 
River (Lat 46.558, Long -118.174) upstream to endpoint(s) in: Kellogg 
Creek (46.430, -118.067); Smith Hollow (46.463, -118.017); Tucannon 
River (46.509, -117.995).
    (vi) Snake River/Penawawa Creek Watershed 1706010708. Outlet(s) = 
Snake River (Lat 46.589, Long -118.215) upstream to endpoint(s) in: 
Almota Creek (46.706, -117.363); Little Almota Creek (46.715, -117.465); 
Penawawa Creek (46.728, -117.625); Snake River (46.660, -117.433); 
Unnamed (46.698, -117.381).
    (8) Upper Salmon Subbasin 17060201--(i) Salmon River/Challis 
Watershed 1706020101. Outlet(s) = Salmon River (Lat 44.692, Long -
114.049) upstream to endpoint(s) in: Challis Creek (44.563, -114.246); 
Salmon River (44.470, -114.192).
    (ii) Salmon River/Bayhorse Creek Watershed 1706020104. Outlet(s) = 
Salmon River (Lat 44.470, Long -114.192) upstream to endpoint(s) in: 
Bayhorse Creek (44.395, -114.308); Salmon River (44.268, -114.326).

[[Page 606]]

    (iii) East Fork Salmon River/McDonald Creek Watershed 1706020105. 
Outlet(s) = East Fork Salmon River (Lat 44.268, Long -114.326) upstream 
to endpoint(s) in: Big Lake Creek (44.165, -114.394); East Fork Salmon 
River (44.147, -114.378); McDonald Creek (44.091, -114.318); Pine Creek 
(44.136, -114.367).
    (iv) Herd Creek Watershed 1706020108. Outlet(s) = Herd Creek (Lat 
44.154, Long -114.300) upstream to endpoint(s) in: East Fork Herd Creek 
(44.037, -114.203); East Pass Creek (44.009, -114.369); Lake Creek 
(44.103, -114.194); Taylor Creek (44.067, -114.317); West Fork Herd 
Creek (44.032, -114.248).
    (v) East Fork Salmon River/Big Boulder Creek Watershed 1706020109. 
Outlet(s) = East Fork Salmon River (Lat 44.147, Long -114.378) upstream 
to endpoint(s) in: Big Boulder Creek (44.131, -114.518); East Fork 
Salmon River (44.039, -114.461); Little Boulder Creek (44.065, -
114.542).
    (vi) Upper East Fork Salmon River Watershed 1706020110. Outlet(s) = 
East Fork Salmon River (Lat 44.039, Long -114.461) upstream to 
endpoint(s) in: Bowery Creek (44.0316, -114.4587); South Fork East Fork 
Salmon River (43.902, -114.562); West Fork East Fork Salmon River 
(43.929, -114.575); West Pass Creek (43.922, -114.446).
    (vii) Germania Creek Watershed 1706020111. Outlet(s) = Germania 
Creek (Lat 44.039, Long -114.461) upstream to endpoint(s) in: Germania 
Creek (44.003, -114.532).
    (viii) Salmon River/Kinnikinic Creek Watershed 1706020112. Outlet(s) 
= Salmon River (Lat 44.268, Long -114.326) upstream to endpoint(s) in: 
Kinnikinic Creek (44.2667, -144.4026); Salmon River (44.249, -114.454).
    (ix) Salmon River/Slate Creek Watershed 1706020113. Outlet(s) = 
Salmon River (Lat 44.249, Long -114.454) upstream to endpoint(s) in: 
Holman Creek (44.250, -114.529); Salmon River (44.254, -114.675); Silver 
Rule Creek (44.198, -114.588); Slate Creek (44.168, -114.626); Thompson 
Creek (44.318, -114.588).
    (x) Warm Springs Creek Watershed 1706020114. Outlet(s) = Warm 
Springs Creek (Lat 44.254, Long -114.675) upstream to endpoint(s) in: 
Warm Springs Creek (44.151, -114.718).
    (xi) Salmon River/Big Casino Creek Watershed 1706020115. Outlet(s) = 
Salmon River (Lat 44.254, Long -114.675) upstream to endpoint(s) in: Big 
Casino Creek (44.216, -114.830); Little Casino Creek (44.224, -114.861); 
Lower Harden Creek (44.274, -114.778); Nip Tuck Creek (44.234, -
114.929); Salmon River (44.169, -114.898); Upper Harden Creek (44.272, -
114.791).
    (xii) Salmon River/Fisher Creek Watershed 1706020117. Outlet(s) = 
Salmon River (Lat 44.169, Long -114.898) upstream to endpoint(s) in: 
Decker Creek (44.072, -114.879); Gold Creek (44.114, -114.846); 
Huckleberry Creek (44.061, -114.875); Salmon River (44.032, -114.836); 
Williams Creek (44.096, -114.852).
    (xiii) Salmon River/Fourth of July Creek Watershed 1706020118. 
Outlet(s) = Salmon River (Lat 44.032, Long -114.836) upstream to 
endpoint(s) in: Champion Creek (44.019, -114.825); Fourth of July Creek 
(44.035, -114.784); Hell Roaring Creek (44.0268, -114.9252); Salmon 
River (44.004, -114.836); Unnamed (44.017, -114.879).
    (xiv) Upper Salmon River Watershed 1706020119. Outlet(s) = Salmon 
River (Lat 44.004, Long -114.836) upstream to endpoint(s) in: Beaver 
Creek (43.919, -114.813); Camp Creek (43.876, -114.738); Frenchman Creek 
(43.822, -114.792); Pole Creek (43.940, -114.686); Salmon River (43.837, 
-114.759); Smiley Creek (43.829, -114.823); Twin Creek (43.935, -
114.723); Unnamed (43.843, -114.742); Unnamed (43.990, -114.803).
    (xv) Alturas Lake Creek Watershed 1706020120. Outlet(s) = Alturas 
Lake Creek (Lat 44.004, Long -114.836) upstream to endpoint(s) in: 
Alpine Creek (43.905, -114.923); Alturas Lake Creek (43.895, -114.910); 
Cabin Creek (43.937, -114.856); Pettit Lake Creek (43.961, -114.916); 
Unnamed (43.952, -114.858); Vat Creek (43.967, -114.871); Yellowbelly 
Creek (43.995, -114.847).
    (xvi) Redfish Lake Creek Watershed 1706020121. Outlet(s) = Redfish 
Lake Creek (Lat 44.169, Long -114.898) upstream to endpoint(s) in: 
Fishhook Creek (44.137, -114.966); Redfish Lake Creek (44.097, -
114.959).
    (xvii) Valley Creek/Iron Creek Watershed 1706020122. Outlet(s) = 
Valley Creek (Lat 44.225, Long -114.927) upstream to endpoint(s) in: 
Crooked Creek (44.214, -115.034); Goat Creek (44.179, -115.008); Iron 
Creek (44.191, -115.025); Job Creek (44.242, -115.027);

[[Page 607]]

Meadow Creek (44.190, -114.961); Park Creek (44.281, -115.036); Stanley 
Creek (44.276, -114.938); Valley Creek (44.291, -115.018).
    (xviii) Upper Valley Creek Watershed 1706020123. Outlet(s) = Valley 
Creek (Lat 44.291, Long -115.018); Stanley Lake Creek (44.2535, -
115.0040) upstream to endpoint(s) in: East Fork Valley Creek (44.347, -
114.999); Elk Creek (44.227, -115.145); Hanna Creek (44.314, -115.041); 
Meadow Creek (44.291, -115.119); Stanley Lake Creek (44.248, -115.045); 
Trap Creek (44.311, -115.121); Valley Creek (44.392, -114.980).
    (xix) Basin Creek Watershed 1706020124. Outlet(s) = Basin Creek (Lat 
44.264, Long -114.817) upstream to endpoint(s) in: Basin Creek (44.361, 
-114.902); East Basin Creek (44.314, -114.823).
    (xx) Yankee Fork/Jordan Creek Watershed 1706020125. Outlet(s) = 
Yankee Fork (Lat 44.270, Long -114.734) upstream to endpoint(s) in: 
Eightmile Creek (44.448, -114.639); Fivemile Creek (44.355, -114.615); 
Jordan Creek (44.457, -114.752); Ramey Creek (44.355, -114.641); 
Sevenmile Creek (44.423, -114.608); Sixmile Creek (44.394, -114.585); 
Yankee Fork (44.426, -114.619).
    (xxi) West Fork Yankee Fork Watershed 1706020126. Outlet(s) = West 
Fork Yankee Fork (Lat 44.351, Long -114.727) upstream to endpoint(s) in: 
Cabin Creek (44.428, -114.881); Deadwood Creek (44.356, -114.834); 
Lightning Creek (44.466, -114.787); Sawmill Creek (44.341, -114.765); 
West Fork Yankee Fork (44.386, -114.919).
    (xxii) Upper Yankee Fork Watershed 1706020127. Outlet(s) = Yankee 
Fork (Lat 44.426, Long -114.619) upstream to endpoint(s) in: Elevenmile 
Creek (44.436, -114.544); McKay Creek (44.475, -114.491); Ninemile Creek 
(44.439, -114.590); Tenmile Creek (44.484, -114.646); Twelvemile Creek 
(44.497, -114.614); Yankee Fork (44.510, -114.588).
    (xxiii) Squaw Creek Watershed 1706020128. Outlet(s) = Squaw Creek 
(Lat 44.249, Long -114.454) upstream to endpoint(s) in: Cash Creek 
(44.353, -114.473); Cinnabar Creek (44.359, -114.503); Squaw Creek 
(44.420, -114.489).
    (xxiv) Garden Creek Watershed 1706020129. Outlet(s) = Garden Creek 
(Lat 44.511, Long -114.203) upstream to endpoint(s) in: Garden Creek 
(44.468, -114.325).
    (xxv) Challis Creek/Mill Creek Watershed 1706020130. Outlet(s) = 
Challis Creek (Lat 44.563, Long -114.246) upstream to endpoint(s) in: 
Challis Creek (44.573, -114.309); Darling Creek (44.572, -114.252).
    (xxvi) Morgan Creek Watershed 1706020132. Outlet(s) = Morgan Creek 
(Lat 44.612, Long -114.168) upstream to endpoint(s) in: Blowfly Creek 
(44.714, -114.326); Corral Creek (44.8045, -114.2239); Lick Creek 
(44.7371, -114.2948); Morgan Creek (44.8029, -114.2561); Van Horn Creek 
(44.7614, -114.2680); West Fork Morgan Creek (44.710, -114.335).
    (9) Pahsimeroi Subbasin 17060202--(i) Lower Pahsimeroi River 
Watershed 1706020201. Outlet(s) = Pahsimeroi River (Lat 44.692, Long -
114.049) upstream to endpoint(s) in: Pahsimeroi River (44.559, -
113.900); Patterson Creek (44.561, -113.897).
    (ii) Paterson Creek Watershed 1706020203. Outlet(s) = Patterson 
Creek (Lat 44.534, Long -113.837) upstream to endpoint(s) in: Patterson 
Creek (44.566, -113.670).
    (10) Middle Salmon-Panther Subbasin 17060203--(i) Salmon River/
Colson Creek Watershed 1706020301. Outlet(s) = Salmon River (Lat 45.297, 
Long -114.591) upstream to endpoint(s) in: Colson Creek (45.307, -
114.531); Owl Creek (45.340, -114.462); Salmon River (45.316, -114.405).
    (ii) Owl Creek Watershed 1706020302. Outlet(s) = Owl Creek (Lat 
45.340, Long -114.462) upstream to endpoint(s) in: East Fork Owl Creek 
(45.367, -114.430); Owl Creek (45.382, -114.469).
    (iii) Salmon River/Pine Creek Watershed 1706020303. Outlet(s) = 
Salmon River (Lat 45.316, Long -114.405) upstream to endpoint(s) in: 
Boulder Creek (45.385, -114.297); Pine Creek (45.307, -114.186); Salmon 
River (45.399, -114.168); Spring Creek (45.421, -114.278); Squaw Creek 
(45.449, -114.215).
    (iv) Indian Creek Watershed 1706020304. Outlet(s) = Indian Creek 
(Lat 45.400, Long -114.167) upstream to endpoint(s) in: Indian Creek 
(45.523, -114.151); McConn Creek (45.519, -114.185); West Fork Indian 
Creek (45.481, -114.168).
    (v) Salmon River/Moose Creek Watershed 1706020305. Outlet(s) = 
Salmon River (Lat 45.399, Long -114.168) upstream to endpoint(s) in: 
Dump Creek (45.369, -114.035); Fourth of July Creek

[[Page 608]]

(45.417, -113.857); Little Fourth of July Creek (45.396, -113.912); 
Moose Creek (45.346, -114.080); Salmon River (45.320, -113.909); 
Wagonhammer Creek (45.395, -113.945).
    (vi) North Fork Salmon River Watershed 1706020306. Outlet(s) = North 
Fork Salmon River (Lat 45.405, Long -113.994) upstream to endpoint(s) 
in: Anderson Creek (45.577, -113.918); Dahlonega Creek (45.559, -
113.845); Ditch Creek (45.534, -113.994); Hughes Creek (45.541, -
114.069); Hull Creek (45.471, -114.016); Moose Creek (45.674, -113.951); 
Pierce Creek (45.640, -113.937); Sheep Creek (45.502, -113.889); Smithy 
Creek (45.575, -113.889); Threemile Creek (45.577, -113.866); Twin Creek 
(45.591, -114.081).
    (vii) Salmon River/Tower Creek Watershed 1706020307. Outlet(s) = 
Salmon River (Lat 45.320, Long -113.909) upstream to endpoint(s) in: 
Salmon River (45.250, -113.899); Tower Creek (45.367, -113.857); Wallace 
Creek (45.2645, -113.9035).
    (viii) Carmen Creek Watershed 1706020308. Outlet(s) = Carmen Creek 
(Lat 45.250, Long -113.899) upstream to endpoint(s) in: Carmen Creek 
(45.316, -113.800); Freeman Creek (45.269, -113.752).
    (ix) Salmon River/Jesse Creek Watershed 1706020309. Outlet(s) = 
Salmon River (Lat 45.250, Long -113.899) upstream to endpoint(s) in: 
Salmon River (45.109, -113.901); Unnamed (45.180, -113.930).
    (x) Salmon River/Williams Creek Watershed 1706020310. Outlet(s) = 
Salmon River (Lat 45.109, Long -113.901) upstream to endpoint(s) in: 
Salmon River (45.011, -113.932); Williams Creek (45.081, -113.935).
    (xi) Salmon River/Twelvemile Creek Watershed 1706020311. Outlet(s) = 
Salmon River (Lat 45.011, Long -113.932) upstream to endpoint(s) in: 
Lake Creek (45.015, -113.959); Salmon River (44.896, -113.963); 
Twelvemile Creek (45.011, -113.927).
    (xii) Salmon River/Cow Creek Watershed 1706020312. Outlet(s) = 
Salmon River (Lat 44.896, Long -113.963) upstream to endpoint(s) in: Cow 
Creek (44.730, -113.940); McKim Creek (44.810, -114.008); Poison Creek 
(44.876, -113.934); Salmon River (44.692, -114.049); Warm Spring Creek 
(44.913, -113.914).
    (xiii) Hat Creek Watershed 1706020313. Outlet(s) = Hat Creek (Lat 
44.795, Long -114.001) upstream to endpoint(s) in: Hat Creek (44.785, -
114.040).
    (xiv) Iron Creek Watershed 1706020314. Outlet(s) = Iron Creek (Lat 
44.887, Long -113.968) upstream to endpoint(s) in: Iron Creek (44.921, -
114.124).
    (xv) Upper Panther Creek Watershed 1706020315. Outlet(s) = Panther 
Creek (Lat 45.022, Long -114.313) upstream to endpoint(s) in: Cabin 
Creek (44.957, -114.365); Opal Creek (44.901, -114.307); Panther Creek 
(44.887, -114.305); Porphyry Creek (45.034, -114.388).
    (xvi) Moyer Creek Watershed 1706020316. Outlet(s) = Moyer Creek (Lat 
45.024, Long -114.311) upstream to endpoint(s) in: Moyer Creek (44.949, 
-114.265); South Fork Moyer Creek (44.944, -114.305).
    (xvii) Panther Creek/Woodtick Creek Watershed 1706020317. Outlet(s) 
= Panther Creek (Lat 45.079, Long -114.251) upstream to endpoint(s) in: 
Copper Creek (45.060, -114.258); Fawn Creek (45.073, -114.247); Musgrove 
Creek (45.054, -114.368); Panther Creek (45.022, -114.313); Woodtick 
Creek (45.008, -114.235).
    (xviii) Deep Creek Watershed 1706020318. Outlet(s) = Deep Creek (Lat 
45.126, Long -114.215) upstream to endpoint(s) in: Deep Creek (45.108, -
114.179).
    (xix) Panther Creek/Spring Creek Watershed 1706020320. Outlet(s) = 
Panther Creek (45.176, Long -114.314) upstream to endpoint(s) in: Little 
Deer Creek (45.156, -114.298); Panther Creek (45.079, -114.251); Spring 
Creek (45.088, -114.223).
    (xx) Big Deer Creek Watershed 1706020321. Outlet(s) = Big Deer Creek 
(Lat 45.1763, Long -114.3138) upstream to endpoint(s) in: Big Deer Creek 
(45.1695, -114.3256).
    (xxi) Panther Creek/Trail Creek Watershed 1706020322. Outlet(s) = 
Panther Creek (Lat 45.316, Long -114.405) upstream to endpoint(s) in: 
Beaver Creek (45.2816, -114.2744); Garden Creek (45.2959, -114.4293); 
Trail Creek (45.2318, -114.2663); Panther Creek (45.176, -114.314).
    (xxii) Clear Creek Watershed 1706020323. Outlet(s) = Clear Creek 
(Lat 45.295, Long -114.351) upstream to endpoint(s) in: Clear Creek 
(45.210, -114.485).

[[Page 609]]

    (11) Lemhi Subbasin 17060204--(i) Lemhi River/Bohannon Creek 
Watershed 1706020401. Outlet(s) = Lemhi River (Lat 45.188, Long -
113.889) upstream to endpoint(s) in: Bohannon Creek (45.189, -113.692); 
Lemhi River (45.098, -113.720).
    (ii) Lemhi River/Whimpey Creek Watershed 1706020402. Outlet(s) = 
Lemhi River (Lat 45.098, Long -113.720) upstream to endpoint(s) in: 
Lemhi River (45.032, -113.662); Wimpey Creek (45.131, -113.678); 
Withington Creek (45.058, -113.750).
    (iii) Lemhi River/Kenney Creek Watershed 1706020403. Outlet(s) = 
Lemhi River (Lat 45.032, Long -113.662) upstream to endpoint(s) in: 
Kenney Creek (45.087, -113.551); Lemhi River (44.940, -113.639).
    (iv) Lemhi River/McDevitt Creek Watershed 1706020405. Outlet(s) = 
Lemhi River (Lat 44.940, Long -113.639) upstream to endpoint(s) in: 
Lemhi River (44.870, -113.626).
    (v) Lemhi River/Yearian Creek Watershed 1706020406. Outlet(s) = 
Lemhi River (Lat 44.867, Long -113.626) upstream to endpoint(s) in: 
Lemhi River (44.778, -113.535).
    (vi) Peterson Creek Watershed 1706020407. Outlet(s) = Lemhi River 
(Lat 44.778, Long -113.535) upstream to endpoint(s) in: Lemhi River 
(44.739, -113.459).
    (vii) Big Eight Mile Creek Watershed 1706020408. Outlet(s) = Lemhi 
River (Lat 44.739, Long -113.459) upstream to endpoint(s) in: Lemhi 
River (44.692, -113.366).
    (viii) Canyon Creek Watershed 1706020409. Outlet(s) = Lemhi River 
(Lat 44.692, Long -113.366) upstream to endpoint(s) in: Lemhi River 
(44.682, -113.355).
    (ix) Texas Creek Watershed 1706020412. Outlet(s) = Texas Creek (Lat 
44.6822, Long -113.3545) upstream to endpoint(s) in: Purcell Creek 
(44.5726, -113.3459), Texas Creek (44.5348, -113.3018).
    (x) Hayden Creek Watershed 1706020414. Outlet(s) = Hayden Creek (Lat 
44.870, Long -113.626) upstream to endpoint(s) in: Bear Valley Creek 
(44.796, -113.790); East Fork Hayden Creek (44.708, -113.661); Hayden 
Creek (44.726, -113.769); Kadletz Creek (44.761, -113.767); West Fork 
Hayden Creek (44.706, -113.768); Wright Creek (44.759, -113.794).
    (12) Upper Middle Fork Salmon Subbasin 17060205--(i) Lower Loon 
Creek Watershed 1706020501. Outlet(s) = Loon Creek (Lat 44.808, Long -
114.811) upstream to endpoint(s) in: Cabin Creek (44.742, -114.708); 
Loon Creek (44.552, -114.849).
    (ii) Warm Springs Watershed 1706020502. Outlet(s) = Warm Spring 
Creek (Lat 44.653, Long -114.736) upstream to endpoint(s) in: Trapper 
Creek (44.504, -114.617); Warm Spring Creek (44.609, -114.481).
    (iii) Upper Loon Creek Watershed 1706020503. Outlet(s) = Loon Creek 
(Lat 44.552, Long -114.849) upstream to endpoint(s) in: Cottonwood Creek 
(44.593, -114.679); East Fork Mayfield Creek (44.494, -114.700); Loon 
Creek (44.469, -114.923); Pioneer Creek (44.466, -114.873); South Fork 
Cottonwood Creek (44.563, -114.780); Trail Creek (44.506, -114.959); 
West Fork Mayfield Creek (44.473, -114.730).
    (iv) Little Loon Creek Watershed 1706020504. Outlet(s) = Little Loon 
Creek (Lat 44.731, Long -114.940) upstream to endpoint(s) in: Little 
Loon Creek (44.615, -114.963).
    (v) Rapid River Watershed 1706020505. Outlet(s) = Rapid River (Lat 
44.680, Long -115.152) upstream to endpoint(s) in: Float Creek (44.546, 
-115.148); North Fork Sheep Creek (44.656, -114.997); Rapid River 
(44.551, -115.007); South Fork Sheep Creek (44.628, -114.988); Vanity 
Creek (44.500, -115.072).
    (vi) Marsh Creek Watershed 1706020506. Outlet(s) = Marsh Creek (Lat 
44.449, Long -115.230) upstream to endpoint(s) in: Asher Creek (44.374, 
-115.126); Banner Creek (44.291, -115.187); Bear Creek (44.490, -
115.098); Beaver Creek (44.494, -114.964); Camp Creek (44.384, -
115.144); Cape Horn Creek (44.333, -115.287); Knapp Creek (44.424, -
114.915); Marsh Creek (44.329, -115.091); Swamp Creek (44.300, -
115.175); Winnemucca Creek (44.479, -114.972).
    (vii) Middle Fork Salmon River/Soldier Creek Watershed 1706020507. 
Outlet(s) = Middle Fork Salmon River (Lat 44.680, Long -115.152) 
upstream to endpoint(s) in: Boundary Creek (44.507, -115.328); Dagger 
Creek (44.498, -115.307); Elkhorn Creek (44.582, -115.369); Greyhound 
Creek (44.626, -115.158); Middle Fork Salmon River (44.449, -115.230); 
Soldier Creek (44.528, -115.201).

[[Page 610]]

    (viii) Bear Valley Creek Watershed 1706020508. Outlet(s) = Bear 
Valley Creek (Lat 44.449, Long -115.230) upstream to endpoint(s) in: 
Ayers Creek (44.454, -115.330); Bear Valley Creek (44.236, -115.499); 
Bearskin Creek (44.331, -115.528); Cache Creek (44.286, -115.409); Cold 
Creek (44.371, -115.317); Cook Creek (44.389, -115.438); East Fork Elk 
Creek (44.481, -115.359); Fir Creek (44.354, -115.296); Little Beaver 
Creek (44.415, -115.504); Little East Fork Elk Creek (44.479, -115.407); 
Mace Creek (44.289, -115.443); North Fork Elk Creek (44.527, -115.458); 
Poker Creek (44.444, -115.345); Pole Creek (44.361, -115.366); Porter 
Creek (44.466, -115.529); Sack Creek (44.320, -115.351); Sheep Trail 
Creek (44.360, -115.451); West Fork Elk Creek (44.485, -115.499); 
Wyoming Creek (44.362, -115.335).
    (ix) Sulphur Creek Watershed 1706020509. Outlet(s) = Sulphur Creek 
(Lat 44.555, Long -115.297) upstream to endpoint(s) in: Blue Moon Creek 
(44.572, -115.364); Full Moon Creek (44.535, -115.400); Honeymoon Creek 
(44.605, -115.399); North Fork Sulphur Creek (44.583, -115.467); Sulphur 
Creek (44.510, -115.518).
    (x) Pistol Creek Watershed 1706020510. Outlet(s) = Pistol Creek (Lat 
44.724, Long -115.149) upstream to endpoint(s) in: Little Pistol Creek 
(44.721, -115.404); Luger Creek (44.636, -115.386); Pistol Creek 
(44.644, -115.442).
    (xi) Indian Creek Watershed 1706020511. Outlet(s) = Indian Creek 
(Lat 44.770, Long -115.089) upstream to endpoint(s) in: Big Chief Creek 
(44.817, -115.368); Indian Creek (44.803, -115.383); Little Indian Creek 
(44.879, -115.226).
    (xii) Upper Marble Creek Watershed 1706020512. Outlet(s) = Marble 
Creek (Lat 44.797, Long -114.971) upstream to endpoint(s) in: Big 
Cottonwood Creek (44.879, -115.206); Canyon Creek (44.822, -114.943); 
Cornish Creek (44.933, -115.127); Dynamite Creek (44.871, -115.207); 
Marble Creek (44.983, -115.079); Trail Creek (44.917, -114.930).
    (xiii) Middle Fork Salmon River/Lower Marble Creek Watershed 
1706020513. Outlet(s) = Middle Fork Salmon River (Lat 44.808, Long -
114.811) upstream to endpoint(s) in: Marble Creek (44.797, -114.971); 
Middle Fork Salmon River (44.680, -115.152).
    (13) Lower Middle Fork Salmon Subbasin 17060206--(i) Lower Middle 
Fork Salmon River Watershed 1706020601. Outlet(s) = Middle Fork Salmon 
River (Lat 45.297, Long -114.591) upstream to endpoint(s) in: Middle 
Fork Salmon River (45.095, -114.732); Roaring Creek (45.186, -114.574); 
Stoddard Creek (45.244, -114.702).
    (ii) Wilson Creek Watershed 1706020602. Outlet(s) = Wilson Creek 
(Lat 45.033, Long -114.723) upstream to endpoint(s) in: Wilson Creek 
(45.032, -114.659).
    (iii) Middle Fork Salmon River/Brush Creek Watershed 1706020603. 
Outlet(s) = Middle Fork Salmon River (Lat 45.095, Long -114.732) 
upstream to endpoint(s) in: Brush Creek (44.955, -114.733); Middle Fork 
Salmon River (44.958, -114.747).
    (iv) Yellow Jacket Creek Watershed 1706020604. Outlet(s) = 
Yellowjacket Creek (Lat 44.892, Long -114.644) upstream to endpoint(s) 
in: Beagle Creek (44.993, -114.466); Hoodoo Creek (44.993, -114.568); 
Lake Creek (44.967, -114.603); Little Jacket Creek (44.931, -114.505); 
Meadow Creek (44.984, -114.481); Shovel Creek (45.006, -114.463); Trail 
Creek (44.939, -114.461); Yellowjacket Creek (45.050, -114.480).
    (v) Silver Creek Watershed 1706020605. Outlet(s) = Silver Creek (Lat 
44.830, Long -114.501) upstream to endpoint(s) in: Silver Creek (44.856, 
-114.458).
    (vi) Upper Camas Creek Watershed 1706020606. Outlet(s) = Camas Creek 
(Lat 44.830, Long -114.501) upstream to endpoint(s) in: Castle Creek 
(44.825, -114.415); Fly Creek (44.703, -114.509); Furnace Creek (44.767, 
-114.421); J Fell Creek (44.669, -114.459); South Fork Camas Creek 
(44.731, -114.553); Spider Creek (44.688, -114.495); White Goat Creek 
(44.731, -114.460).
    (vii) West Fork Camas Creek Watershed 1706020607. Outlet(s) = West 
Fork Camas Creek (Lat 44.831, Long -114.504) upstream to endpoint(s) in: 
Flume Creek (44.806, -114.526); Martindale Creek (44.822, -114.560); 
West Fork Camas Creek (44.795, -114.595).
    (viii) Lower Camas Creek Watershed 1706020608. Outlet(s) = Camas 
Creek (Lat 44.892, Long -114.722) upstream to endpoint(s) in: Camas 
Creek (44.830, -114.501); Duck Creek (44.852, -114.521); Woodtick Creek 
(44.870, -114.636).
    (ix) Middle Fork Salmon River/Sheep Creek Watershed 1706020609. 
Outlet(s) =

[[Page 611]]

Middle Fork Salmon River (Lat 44.955, Long -114.733) upstream to 
endpoint(s) in: Middle Fork Salmon River (44.808, -114.811); Sheep Creek 
(44.923, -114.873).
    (x) Rush Creek Watershed 1706020610. Outlet(s) = Rush Creek (Lat 
45.105, Long -114.861) upstream to endpoint(s) in: Rush Creek (44.958, -
114.992); South Fork Rush Creek (45.013, -114.972); Two Point Creek 
(45.027, -114.947).
    (xi) Monumental Creek Watershed 1706020611. Outlet(s) = Monumental 
Creek (Lat 45.160, Long -115.129) upstream to endpoint(s) in: Monumental 
Creek (44.952, -115.179); Snowslide Creek (45.055, -115.266); West Fork 
Monumental Creek (45.011, -115.244).
    (xii) Big Creek/Little Marble Creek Watershed 1706020612. Outlet(s) 
= Big Creek (Lat 45.163, Long -115.128) upstream to endpoint(s) in: Big 
Creek (45.153, -115.297); Little Marble Creek (45.062, -115.276).
    (xiii) Upper Big Creek Watershed 1706020613. Outlet(s) = Big Creek 
(Lat 45.153, Long -115.297) upstream to endpoint(s) in: Big Creek 
(45.075, -115.342); Jacobs Ladder Creek (45.063, -115.322); Middle Fork 
Smith Creek (45.166, -115.411); Smith Creek (45.170, -115.380); Unnamed 
(45.129, -115.422).
    (xiv) Beaver Creek Watershed 1706020614. Outlet(s) = Beaver Creek 
(Lat 45.163, Long -115.242) upstream to endpoint(s) in: Beaver Creek 
(45.242, -115.314); Coin Creek (45.218, -115.328); HCreek (45.266, -
115.270).
    (xv) Big Ramey Creek Watershed 1706020615. Outlet(s) = Big Ramey 
Creek (Lat 45.177, Long -115.159) upstream to endpoint(s) in: Big Ramey 
Creek (45.279, -115.243).
    (xvi) Big Creek/Crooked Creek Watershed 1706020616. Outlet(s) = Big 
Creek (Lat 45.127, Long -114.935) upstream to endpoint(s) in: Big Creek 
(45.163, -115.128); Cave Creek (45.219, -114.916); Coxey Creek (45.181, 
-115.022); East Fork Crooked Creek (45.250, -114.975); Fawn Creek 
(45.125, -115.032); West Fork Crooked Creek (45.251, -115.117).
    (xvii) Lower Big Creek Watershed 1706020617. Outlet(s) = Big Creek 
(Lat 45.095, Long -114.732) upstream to endpoint(s) in: Big Creek 
(45.127, -114.935); Cabin Creek (45.195, -114.837); Canyon Creek 
(45.087, -114.997); Cliff Creek (45.127, -114.857); Cougar Creek 
(45.138, -114.813); Pioneer Creek (45.066, -114.842).
    (14) Middle Salmon-Chamberlain Subbasin 17060207--(i) Salmon River/
Fall Creek Watershed 1706020701. Outlet(s) = Salmon River (Lat 45.426, 
Long -116.025) upstream to endpoint(s) in: Carey Creek (45.4242, -
115.9343); Fall Creek (45.4153, -115.9755); Salmon River (45.455, -
115.941).
    (ii) Wind River Watershed 1706020702. Outlet(s) = Wind River (Lat 
45.4553, Long -115.9411) upstream to endpoint(s) in: Wind River 
(45.4657, -115.9394).
    (iii) Salmon River/California Creek Watershed 1706020703. Outlet(s) 
= Salmon River (Lat 45.455, Long -115.941) upstream to endpoint(s) in: 
Bear Creek (45.435, -115.852); Bull Creek (45.482, -115.716); California 
Creek (45.341, -115.850); Cottontail Creek (45.388, -115.752); Maxwell 
Creek (45.392, -115.841); Salmon River (45.434, -115.666).
    (iv) Sheep Creek Watershed 1706020704. Outlet(s) = Sheep Creek (Lat 
45.468, Long -115.810) upstream to endpoint(s) in: East Fork Sheep Creek 
(45.546, -115.769); Meadow Creek (45.544, -115.792); Plummer Creek 
(45.531, -115.807); Porcupine Creek (45.506, -115.817); Sheep Creek 
(45.591, -115.705).
    (v) Crooked Creek Watershed 1706020705. Outlet(s) = Crooked Creek 
(Lat 45.434, Long -115.666) upstream to endpoint(s) in: Arlington Creek 
(45.491, -115.678); Crooked Creek (45.515, -115.554); Lake Creek 
(45.616, -115.686).
    (vi) Salmon River/Rabbit Creek Watershed 1706020706. Outlet(s) = 
Salmon River (Lat 45.434, Long -115.666) upstream to endpoint(s) in: 
Indian Creek (45.409, -115.608); Rabbit Creek (45.416, -115.667); Salmon 
River (45.378, -115.512).
    (vii) Salmon River/Trout Creek Watershed 1706020708. Outlet(s) = 
Salmon River (Lat 45.378, Long -115.512) upstream to endpoint(s) in: Big 
Blowout Creek (45.468, -115.432); Big Elkhorn Creek (45.521, -115.331); 
Fivemile Creek (45.391, -115.452); Jersey Creek (45.494, -115.531); 
Little Fivemile Creek (45.416, -115.425); Little Mallard Creek (45.538, 
-115.317); Rhett Creek (45.483, -115.410); Richardson Creek (45.499, -
115.265); Salmon River (45.567, -115.191); Trout Creek (45.396, -
115.315).
    (viii) Bargamin Creek Watershed 1706020709. Outlet(s) = Bargamin 
Creek (Lat 45.567, Long -115.191) upstream to

[[Page 612]]

endpoint(s) in: Bargamin Creek (45.706, -115.046); Cache Creek (45.691, 
-115.180); Porcupine Creek (45.725, -115.128); Prospector Creek (45.688, 
-115.153); Rainey Creek (45.617, -115.210); Salt Creek (45.643, -
115.189).
    (ix) Salmon River/Rattlesnake Creek Watershed 1706020710. Outlet(s) 
= Salmon River (Lat 45.567, Long -115.191) upstream to endpoint(s) in: 
Rattlesnake Creek (45.560, -115.143); Salmon River (45.511, -115.041).
    (x) Sabe Creek Watershed 1706020711. Outlet(s) = Sabe Creek (Lat 
45.507, Long -115.024) upstream to endpoint(s) in: Center Creek (45.573, 
-115.040); Hamilton Creek (45.544, -114.826).
    (xi) Salmon River/Hot Springs Creek Watershed 1706020712. Outlet(s) 
= Salmon River (Lat 45.511, Long -115.041) upstream to endpoint(s) in: 
Big Harrington Creek (45.498, -114.895); Hot Springs Creek (45.465, -
115.135); Salmon River (45.454, -114.931).
    (xii) Salmon River/Disappointment Creek Watershed 1706020713. 
Outlet(s) = Salmon River (Lat 45.454, Long -114.931) upstream to 
endpoint(s) in: Salmon River (45.395, -114.732).
    (xiii) Horse Creek Watershed 1706020714. Outlet(s) = Horse Creek 
(Lat 45.395, Long -114.732) upstream to endpoint(s) in: East Fork 
Reynolds Creek (45.541, -114.493); Horse Creek (45.498, -114.421); 
Reynolds Creek (45.555, -114.558); West Horse Creek (45.494, -114.754).
    (xiv) Salmon River/Kitchen Creek Watershed 1706020715. Outlet(s) = 
Salmon River (Lat 45.395, Long -114.732) upstream to endpoint(s) in: 
Corn Creek (45.370, -114.681); Kitchen Creek (45.295, -114.752); Salmon 
River (45.297, -114.591).
    (xv) Cottonwood Creek Watershed 1706020716. Outlet(s) = Cottonwood 
Creek (Lat 45.394, Long -114.802) upstream to endpoint(s) in: Cottonwood 
Creek (45.354, -114.823).
    (xvi) Lower Chamberlain/McCalla Creek Watershed 1706020717. 
Outlet(s) = Chamberlain Creek (Lat 45.454, Long -114.931) upstream to 
endpoint(s) in: McCalla Creek (45.321, -115.115); Unnamed (45.433, -
114.935); Whimstick Creek (45.241, -115.053).
    (xvii) Upper Chamberlain Creek Watershed 1706020718. Outlet(s) = 
Chamberlain Creek (Lat 45.414, Long -114.981) upstream to endpoint(s) 
in: Flossie Creek (45.384, -115.248); Lodgepole Creek (45.305, -
115.254); Moose Creek (45.283, -115.292); South Fork Chamberlain Creek 
(45.288, -115.342).
    (xviii) Warren Creek Watershed 1706020719. Outlet(s) = Warren Creek 
(Lat 45.397, Long -115.592) upstream to endpoint(s) in: Richardson Creek 
(45.372, -115.625); Slaughter Creek (45.269, -115.648); Steamboat Creek 
(45.259, -115.722); Warren Creek (45.248, -115.653).
    (15) South Fork Salmon Subbasin 17060208--(i) Lower South Fork 
Salmon River Watershed 1706020801. Outlet(s) = South Fork Salmon River 
(Lat 45.378, Long -115.512) upstream to endpoint(s) in: Big Buck Creek 
(45.253, -115.554); Pony Creek (45.209, -115.663); Porphyry Creek 
(45.255, -115.462); Smith Creek (45.265, -115.550); South Fork Salmon 
River (45.156, -115.585).
    (ii) South Fork Salmon River/Sheep Creek Watershed 1706020802. 
Outlet(s) = South Fork Salmon River (Lat 45.156, Long -115.585) upstream 
to endpoint(s) in: Bear Creek (45.124, -115.643); Contux Creek (45.155, 
-115.620); Deer Creek (45.162, -115.606); Elk Creek (45.149, -115.506); 
Sheep Creek (45.039, -115.583); South Fork Salmon River (45.025, -
115.706).
    (iii) Lower East Fork South Fork Salmon River Watershed 1706020803. 
Outlet(s) = East Fork South Fork Salmon River (Lat 45.015, Long -
115.713) upstream to endpoint(s) in: Caton Creek (44.900, -115.584); 
East Fork South Fork Salmon River (44.963, -115.501); Loosum Creek 
(44.918, -115.529); Parks Creek (44.969, -115.530).
    (iv) Upper East Fork South Fork Salmon River Watershed 1706020804. 
Outlet(s) = East Fork South Fork Salmon River (Lat 44.963, Long -
115.501) upstream to endpoint(s) in: East Fork South Fork Salmon River 
(44.934, -115.336); Profile Creek (45.035, -115.409); Quartz Creek 
(45.048, -115.496); Salt Creek (44.962, -115.329); Sugar Creek (44.975, 
-115.245); Tamarack Creek (44.995, -115.318).
    (v) Lower Johnson Creek Watershed 1706020805. Outlet(s) = Johnson 
Creek (Lat 44.963, Long -115.501) upstream to endpoint(s) in: Johnson 
Creek (44.803, -115.518); Riordan Creek (44.898, -115.472); Trapper 
Creek (44.829, -115.508).

[[Page 613]]

    (vi) Burntlog Creek Watershed 1706020806. Outlet(s) = Burntlog Creek 
(Lat 44.803, Long -115.518) upstream to endpoint(s) in: Burntlog Creek 
(44.718, -115.419).
    (vii) Upper Johnson Creek Watershed 1706020807. Outlet(s) = Johnson 
Creek (Lat 44.803, Long -115.518) upstream to endpoint(s) in: Boulder 
Creek (44.565, -115.595); Johnson Creek (44.550, -115.590); Landmark 
Creek (44.630, -115.574); Rock Creek (44.600, -115.592); SCreek (44.609, 
-115.413); Whiskey Creek (44.563, -115.486).
    (viii) Upper South Fork Salmon River Watershed 1706020808. Outlet(s) 
= South Fork Salmon River (Lat 44.652, Long -115.703) upstream to 
endpoint(s) in: Bear Creek (44.607, -115.600); Camp Creek (44.605, -
115.633); Curtis Creek (44.593, -115.752); Lodgepole Creek (44.576, -
115.610); Mormon Creek (44.499, -115.654); Rice Creek (44.510, -
115.644); South Fork Salmon River (44.480, -115.688); Tyndall Creek 
(44.568, -115.736).
    (ix) South Fork Salmon River/Cabin Creek Watershed 1706020809. 
Outlet(s) = South Fork Salmon River (Lat 44.759, Long -115.684) upstream 
to endpoint(s) in: Cabin Creek (44.713, -115.638); Dollar Creek (44.759, 
-115.751); North Fork Dollar Creek (44.755, -115.745); Six-Bit Creek 
(44.684, -115.724); South Fork Salmon River (44.652, -115.703); Two-bit 
Creek (44.655, -115.747); Warm Lake Creek (44.653, -115.662).
    (x) South Fork Salmon River/Blackmare Creek Watershed 1706020810. 
Outlet(s) = South Fork Salmon River (Lat 44.898, Long -115.715) upstream 
to endpoint(s) in: Blackmare Creek (44.809, -115.795); Camp Creek 
(44.889, -115.691); Cougar Creek (44.823, -115.804); Phoebe Creek 
(44.910, -115.705); South Fork Salmon River (44.759, -115.684).
    (xi) [Reserved]
    (xii) Buckhorn Creek Watershed 1706020811. Outlet(s) = Buckhorn 
Creek (Lat 44.922, Long -115.736) upstream to endpoint(s) in: Buckhorn 
Creek (44.881, -115.856); Little Buckhorn Creek (44.902, -115.756); West 
Fork Buckhorn Creek (44.909, -115.832).
    (xiii) South Fork Salmon River/Fitsum Creek Watershed 1706020812. 
Outlet(s) = South Fork Salmon River (Lat 45.025, Long -115.706) upstream 
to endpoint(s) in: Fitsum Creek (44.996, -115.784); North Fork Fitsum 
Creek (44.992, -115.870); South Fork Fitsum Creek (44.981, -115.768); 
South Fork Salmon River (44.898, -115.715).
    (xiv) Lower Secesh River Watershed 1706020813. Outlet(s) = Secesh 
River (Lat 45.025, Long -115.706) upstream to endpoint(s) in: Cly Creek 
(45.031, -115.911); Hum Creek (45.070, -115.903); Lick Creek (45.049, -
115.906); Secesh River (45.183, -115.821); Split Creek (45.109, -
115.805); Zena Creek (45.057, -115.732).
    (xv) Middle Secesh River Watershed 1706020814. Outlet(s) = Secesh 
River (Lat 45.183, Long -115.821) upstream to endpoint(s) in: Grouse 
Creek (45.289, -115.835); Secesh River (45.257, -115.895); Victor Creek 
(45.186, -115.831).
    (xiv) Upper Secesh River Watershed 1706020815. Outlet(s) = Secesh 
River (Lat 45.257, Long -115.895) upstream to endpoint(s) in: Lake Creek 
(45.374, -115.867); Threemile Creek (45.334, -115.891).
    (16) Lower Salmon Subbasin 17060209--(i) Salmon River/China Creek 
Watershed 1706020901. Outlet(s) = Salmon River (Lat 45.857, Long -
116.794) upstream to endpoint(s) in: China Creek (46.004, -116.817); 
Flynn Creek (45.911, -116.714); Salmon River (45.999, -116.695); 
Wapshilla Creek (45.945, -116.766).
    (ii) Eagle Creek Watershed 1706020902. Outlet(s) = Eagle Creek (Lat 
45.997, Long -116.700) upstream to endpoint(s) in: Eagle Creek (46.057, 
-116.814).
    (iii) Deer Creek Watershed 1706020903. Outlet(s) = Deer Creek (Lat 
45.999, Long -116.695) upstream to endpoint(s) in: Deer Creek (46.051, -
116.702).
    (iv) Salmon River/Cottonwood Creek Watershed 1706020904. Outlet(s) = 
Salmon River (Lat 45.999, Long -116.695) upstream to endpoint(s) in: 
Billy Creek (45.990, -116.643); Cottonwood Creek (45.932, -116.598); 
Maloney Creek (46.068, -116.625); Salmon River (46.038, -116.625); West 
Fork Maloney Creek (46.061, -116.632).
    (v) Salmon River/Deep Creek Watershed 1706020905. Outlet(s) = Salmon 
River (Lat 46.038, Long -116.625) upstream to endpoint(s) in: Burnt 
Creek (45.966, -116.548); Deep Creek (46.005, -116.547); Round Spring 
Creek (45.972, -116.501); Salmon River (45.911, -116.410); Telcher Creek 
(45.978, -116.443).

[[Page 614]]

    (vi) Rock Creek Watershed 1706020906. Outlet(s) = Rock Creek (Lat 
45.905, Long -116.396) upstream to endpoint(s) in: Grave Creek (45.978, 
-116.359); Johns Creek (45.930, -116.245); Rock Creek (45.919, -
116.245).
    (vii) Salmon River/Hammer Creek Watershed 1706020907. Outlet(s) = 
Salmon River (Lat 45.911, Long -116.410) upstream to endpoint(s) in: 
Salmon River (45.752, -116.322).
    (viii) White Bird Creek Watershed 1706020908. White Bird Creek (Lat 
45.752, Long -116.322) upstream to endpoint(s) in: Asbestos Creek 
(45.722, -116.050); Cabin Creek (45.842, -116.110); Chapman Creek 
(45.841, -116.216); Cold Springs Creek (45.716, -116.037); Fish Creek 
(45.865, -116.084); Jungle Creek (45.739, -116.063); Little White Bird 
Creek (45.740, -116.087); North Fork White Bird Creek (45.797, -
116.089); Pinnacle Creek (45.779, -116.086); South Fork White Bird Creek 
(45.772, -116.028); Twin Cabins Creek (45.782, -116.048); Unnamed 
(45.809, -116.086); Unnamed (45.841, -116.114); Unnamed (45.858, -
116.105).
    (ix) Salmon River/McKinzie Creek Watershed 1706020909. Outlet(s) = 
Salmon River (Lat 45.752, Long -116.322) upstream to endpoint(s) in: 
Deer Creek (45.706, -116.332); McKinzie Creek (45.676, -116.260); Salmon 
River (45.640, -116.284); Sotin Creek (45.725, -116.341).
    (x) Skookumchuck Creek Watershed 1706020910. Outlet(s) = 
Skookumchuck Creek (Lat 45.700, Long -116.317) upstream to endpoint(s) 
in: North Fork Skookumchuck Creek (45.728, -116.114); South Fork 
Skookumchuck Creek (45.711, -116.197).
    (xi) Slate Creek Watershed 1706020911. Outlet(s) = Slate Creek (Lat 
45.640, Long -116.284) upstream to endpoint(s) in: Deadhorse Creek 
(45.603, -116.093); Little Slate Creek (45.587, -116.075); North Fork 
Slate Creek (45.671, -116.095); Slate Creek (45.634, -116.000); Slide 
Creek (45.662, -116.146); Unnamed (45.5959, -116.1061); Waterspout Creek 
(45.631, -116.115).
    (xii) Salmon River/John Day Creek Watershed 1706020912. Outlet(s) = 
Salmon River (Lat 45.640, Long -116.284) upstream to endpoint(s) in: 
China Creek (45.547, -116.310); Cow Creek (45.539, -116.330); East Fork 
John Day Creek (45.575, -116.221); Fiddle Creek (45.495, -116.269); John 
Day Creek (45.564, -116.220); Race Creek (45.437, -116.316); South Fork 
Race Creek (45.440, -116.403); West Fork Race Creek (45.464, -116.352).
    (xiii) Salmon River/Lake Creek Watershed 1706020913. Outlet(s) = 
Salmon River (Lat 45.437, Long -116.316) upstream to endpoint(s) in: 
Allison Creek (45.507, -116.156); Berg Creek (45.426, -116.244); Lake 
Creek (45.294, -116.219); Salmon River (45.418, -116.162); West Fork 
Allison Creek (45.457, -116.184); West Fork Lake Creek (45.370, -
116.241).
    (xiv) Salmon River/Van Creek Watershed 1706020914. Outlet(s) = 
Salmon River (Lat 45.418, Long -116.162) upstream to endpoint(s) in: 
Robbins Creek (45.430, -116.026); Salmon River (45.426, -116.025); Van 
Creek (45.431, -116.138).
    (xv) French Creek Watershed 1706020915. Outlet(s) = French Creek 
(Lat 45.425, Long -116.030) upstream to endpoint(s) in: French Creek 
(45.375, -116.040).
    (xvi) Partridge Creek Watershed 1706020916. Outlet(s) = Elkhorn 
Creek (Lat 45.4043, Long -116.0941); Partridge Creek (45.408, -116.126) 
upstream to endpoint(s) in: Elkhorn Creek (45.369, -116.092); Partridge 
Creek (45.369, -116.146).
    (17) Little Salmon Subbasin 17060210--(i) Lower Little Salmon River 
Watershed 1706021001. Outlet(s) = Little Salmon River (Lat 45.417, Long 
-116.313) upstream to endpoint(s) in: Denny Creek (45.306, -116.359); 
Elk Creek (45.218, -116.311); Hat Creek (45.313, -116.354); Little 
Salmon River (45.204, -116.310); Lockwood Creek (45.254, -116.366); 
North Fork Squaw Creek (45.4234, -116.4320); Papoose Creek (45.4078, -
116.3920); Rattlesnake Creek (45.268, -116.339); Sheep Creek (45.344, -
116.336); South Fork Squaw Creek (45.4093, -116.4356).
    (ii) Little Salmon River/Hard Creek Watershed 1706021002. Outlet(s) 
= Little Salmon River (Lat 45.204, Long -116.310) upstream to 
endpoint(s) in: Bascum Canyon (45.145, -116.248); Hard Creek (45.125, -
116.239); Little Salmon River (45.123, -116.298); Trail Creek (45.164, -
116.338).
    (iii) Hazard Creek Watershed 1706021003. Outlet(s) = Hazard Creek 
(Lat 45.183, Long -116.283) upstream to

[[Page 615]]

endpoint(s) in: Hazard Creek (45.201, -116.248).
    (iv) Boulder Creek Watershed 1706021006. Outlet(s) = Boulder Creek 
(Lat 45.204, Long -116.310) upstream to endpoint(s) in: Ant Basin Creek 
(45.128, -116.447); Boulder Creek (45.103, -116.479); Bull Horn Creek 
(45.159, -116.407); Pollock Creek (45.168, -116.395); Pony Creek 
(45.190, -116.374); Squirrel Creek (45.198, -116.368); Star Creek 
(45.152, -116.418); Unnamed (45.095, -116.461); Unnamed (45.116, -
116.455); Yellow Jacket Creek (45.141, -116.426).
    (v) Rapid River Watershed 1706021007. Outlet(s) = Rapid River (Lat 
45.375, Long -116.355) upstream to endpoint(s) in: Granite Fork Lake 
Fork Rapid River (45.179, -116.526); Paradise Creek (45.223, -116.550); 
Rapid River (45.157, -116.489); Shingle Creek (45.369, -116.409); West 
Fork Rapid River (45.306, -116.425).
    (18) Upper Selway Subbasin 17060301--(i) Selway River/Pettibone 
Creek Watershed 1706030101. Outlet(s) = Selway River (Lat 46.122, Long -
114.935) upstream to endpoint(s) in: Ditch Creek (46.022, -114.900); Elk 
Creek (45.987, -114.872); Pettibone Creek (46.105, -114.745); Selway 
River (45.962, -114.828).
    (ii) Bear Creek Watershed 1706030102. Outlet(s) = Bear Creek (Lat 
46.019, Long -114.844) upstream to endpoint(s) in: Bear Creek (46.104, -
114.588); Brushy Fork Creek (45.978, -114.602); Cub Creek (46.021, -
114.662); Granite Creek (46.102, -114.619); Paradise Creek (46.036, -
114.710); Wahoo Creek (46.104, -114.633).
    (iii) Selway River/Gardner Creek Watershed 1706030103. Outlet(s) = 
Selway River (Lat 45.962, Long -114.828) upstream to endpoint(s) in: Bad 
Luck Creek (45.899, -114.752); Crooked Creek (45.865, -114.764); Gardner 
Creek (45.937, -114.772); Magruder Creek (45.702, -114.795); North Star 
Creek (45.950, -114.806); Selway River (45.707, -114.719); Sheep Creek 
(45.821, -114.741); Snake Creek (45.855, -114.728).
    (iv) White Cap Creek Watershed 1706030104. Outlet(s) = White Cap 
Creek (Lat 45.860, Long -114.744) upstream to endpoint(s) in: Barefoot 
Creek (45.886, -114.639); Canyon Creek (45.878, -114.422); Cedar Creek 
(45.895, -114.668); Cooper Creek (45.861, -114.557); Elk Creek (45.928, 
-114.574); Fox Creek (45.898, -114.597); Granite Creek (45.931, -
114.506); Lookout Creek (45.959, -114.626); Paloma Creek (45.918, -
114.592); Peach Creek (45.868, -114.607); South Fork Lookout Creek 
(45.929, -114.649); Unnamed (45.855, -114.557); White Cap Creek (45.947, 
-114.534).
    (v) Indian Creek Watershed 1706030105. Outlet(s) = Indian Creek (Lat 
45.792, Long -114.764) upstream to endpoint(s) in: Indian Creek (45.786, 
-114.581); Jack Creek (45.789, -114.681); Saddle Gulch (45.766, -
114.641); Schofield Creek (45.818, -114.586).
    (vi) Upper Selway River Watershed 1706030106. Outlet(s) = Selway 
River (Lat 45.707, Long -114.719) upstream to endpoint(s) in: Cayuse 
Creek (45.752, -114.572); Deep Creek (45.703, -114.517); French Creek 
(45.609, -114.561); Gabe Creek (45.714, -114.666); Hells Half Acre Creek 
(45.689, -114.708); Lazy Creek (45.670, -114.553); Line Creek (45.590, -
114.585); Mist Creek (45.561, -114.629); Pete Creek (45.720, -114.557); 
Selway River (45.502, -114.702); Slow Gulch Creek (45.678, -114.520); 
Storm Creek (45.641, -114.596); Surprise Creek (45.533, -114.672); Swet 
Creek (45.516, -114.804); Three Lakes Creek (45.620, -114.803); Unnamed 
(45.569, -114.642); Vance Creek (45.681, -114.594); Wilkerson Creek 
(45.561, -114.601).
    (vii) Little Clearwater River Watershed 1706030107. Outlet(s) = 
Little Clearwater River (Lat 45.754, Long -114.775) upstream to 
endpoint(s) in: Burnt Knob Creek (45.697, -114.950); FCreek (45.644, -
114.847); Little Clearwater River (45.740, -114.949); Lonely Creek 
(45.727, -114.865); Salamander Creek (45.655, -114.883); Short Creek 
(45.759, -114.859); Throng Creek (45.736, -114.904).
    (viii) Running Creek Watershed 1706030108. Outlet(s) = Running Creek 
(Lat 45.919, Long -114.832) upstream to endpoint(s) in: Eagle Creek 
(45.844, -114.886); Lynx Creek (45.794, -114.993); Running Creek 
(45.910, -115.027); South Fork Running Creek (45.820, -115.024).
    (ix) Goat Creek Watershed 1706030109. Outlet(s) = Goat Creek (Lat 
45.962, Long -114.828) upstream to endpoint(s) in: Goat Creek (45.940, -
115.038).
    (19) Lower Selway Subbasin 17060302--(i) Selway River/Goddard Creek 
Watershed 1706030201. Outlet(s) = Selway River (Lat 46.140, Long -
115.599) upstream to endpoint(s) in: Boyd Creek

[[Page 616]]

(46.092, -115.431); Glover Creek (46.082, -115.361); Goddard Creek 
(46.059, -115.610); Johnson Creek (46.139, -115.514); Rackliff Creek 
(46.110, -115.494); Selway River (46.046, -115.295).
    (ii) Gedney Creek Watershed 1706030202. Outlet(s) = Gedney Creek 
(Lat 46.056, Long -115.313) upstream to endpoint(s) in: Gedney Creek 
(46.111, -115.268).
    (iii) Selway River/Three Links Creek Watershed 1706030203. Outlet(s) 
= Selway River (Lat 46.046, Long -115.295) upstream to endpoint(s) in: 
Mink Creek (46.041, -115.087); Otter Creek (46.042, -115.216); Pinchot 
Creek (46.120, -115.108); Selway River (46.098, -115.071); Three Links 
Creek (46.143, -115.093).
    (iv) Upper Three Links Creek Watershed 1706030204. Outlet(s) = Three 
Links Creek (Lat 46.143, Long -115.093) upstream to endpoint(s) in: 
Three Links Creek (46.155, -115.100).
    (v) Rhoda Creek Watershed 1706030205. Outlet(s) = Rhoda Creek (Lat 
46.234, Long -114.960) upstream to endpoint(s) in: Lizard Creek (46.220, 
-115.136); Rhoda Creek (46.252, -115.164); Wounded Doe Creek (46.299, -
115.078).
    (vi) North Fork Moose Creek Watershed 1706030207. Outlet(s) = North 
Fork Moose Creek (Lat 46.165, Long -114.897) upstream to endpoint(s) in: 
North Fork Moose Creek (46.305, -114.853); West Moose Creek (46.322, -
114.970).
    (vii) East Fork Moose Creek/Trout Creek Watershed 1706030208. 
Outlet(s) = Selway River (Lat 46.098, Long -115.071) upstream to 
endpoint(s) in: Double Creek (46.230, -114.837); East Fork Moose Creek 
(46.204, -114.722); Elbow Creek (46.200, -114.716); Fitting Creek 
(46.231, -114.861); Maple Creek (46.218, -114.785); Monument Creek 
(46.189, -114.728); Selway River (46.122, -114.935); Trout Creek 
(46.141, -114.861).
    (viii) Upper East Fork Moose Creek Watershed 1706030209. Outlet(s) = 
East Fork Moose Creek (Lat 46.204, Long -114.722) upstream to 
endpoint(s) in: Cedar Creek (46.291, -114.708); East Fork Moose Creek 
(46.253, -114.700).
    (ix) Marten Creek Watershed 1706030210. Outlet(s) = Marten Creek 
(Lat 46.099, Long -115.052) upstream to endpoint(s) in: Marten Creek 
(45.988, -115.029).
    (x) Upper Meadow Creek Watershed 1706030211. Outlet(s) = Meadow 
Creek (Lat 45.88043738, Long -115.1034371) upstream to endpoint(s) in: 
Butter Creek (45.804, -115.149); Meadow Creek (45.698, -115.217); Three 
Prong Creek (45.790, -115.062).
    (xi) Middle Meadow Creek Watershed 1706030212. Outlet(s) = Meadow 
Creek (Lat 45.88157325, Long -115.2178401) upstream to endpoint(s) in: 
East Fork Meadow Creek (45.868, -115.067); Meadow Creek (45.880, -
115.103); Sable Creek (45.853, -115.219); Schwar Creek (45.905, -
115.108); Simmons Creek (45.856, -115.247).
    (xii) Lower Meadow Creek Watershed 1706030213. Outlet(s) = Meadow 
Creek (Lat 46.04563958, Long -115.2953459) upstream to endpoint(s) in: 
Buck Lake Creek (45.992, -115.084); Butte Creek (45.878, -115.248); 
Fivemile Creek (45.953, -115.310); Little Boulder Creek (45.935, -
115.293); Meadow Creek (45.882, -115.218).
    (xiii) O'Hara Creek Watershed 1706030214. Outlet(s) = OHara Creek 
(Lat 46.08603027, Long -115.5170987) upstream to endpoint(s) in: East 
Fork OHara Creek (45.995, -115.521); West Fork O'Hara Creek (45.995, -
115.543).
    (20) Lochsa Subbasin 17060303--(i) Lower Lochsa River Watershed 
1706030301. Outlet(s) = Lochsa River (Lat 46.14004554, Long -
115.5986467) upstream to endpoint(s) in: Canyon Creek (46.227, -
115.580); Coolwater Creek (46.215, -115.464); Deadman Creek (46.262, -
115.517); East Fork Deadman Creek (46.275, -115.505); Fire Creek 
(46.203, -115.411); Kerr Creek (46.162, -115.579); Lochsa River (46.338, 
-115.314); Nut Creek (46.180, -115.601); Pete King Creek (46.182, -
115.697); Placer Creek (46.196, -115.631); South Fork Canyon Creek 
(46.211, -115.556); Split Creek (46.207, -115.364); Walde Creek (46.193, 
-115.662).
    (ii) Fish Creek Watershed 1706030302. Outlet(s) = Fish Creek (Lat 
46.33337703, Long -115.3449332) upstream to endpoint(s) in: Alder Creek 
(46.319, -115.460); Ceanothus Creek (46.341, -115.470); Fish Creek 
(46.341, -115.575); Frenchman Creek (46.330, -115.544); Gass Creek 
(46.390, -115.511); Ham Creek (46.391, -115.365); Hungery Creek (46.377, 
-115.542); Myrtle Creek (46.343, -115.569); Poker Creek (46.346, -
115.447); Willow Creek (46.396, -115.369).
    (iii) Lochsa River/Stanley Creek Watershed 1706030303. Outlet(s) = 
Lochsa River (Lat 46.33815653, Long

[[Page 617]]

-115.3141495) upstream to endpoint(s) in: Bald Mountain Creek (46.406, -
115.254); Dutch Creek (46.377, -115.211); Eagle Mountain Creek (46.428, 
-115.130); Indian Grave Creek (46.472, -115.103); Indian Meadow Creek 
(46.450, -115.060); Lochsa River (46.466, -114.985); Lost Creek (46.432, 
-115.116); Sherman Creek (46.352, -115.320); Stanley Creek (46.387, -
115.144); Unnamed (46.453, -115.028); Unnamed (46.460, -115.006); 
Unnamed (46.502, -115.050); Weir Creek (46.490, -115.035).
    (iv) Lochsa River/Squaw Creek Watershed 1706030304. Outlet(s) = 
Lochsa River (Lat 46.4656626, Long -114.9848623) upstream to endpoint(s) 
in: Badger Creek (46.535, -114.833); Bear Mtn. Creek (46.471, -114.962); 
Cliff Creek (46.482, -114.708); Colgate Creek (46.455, -114.914); Doe 
Creek (46.534, -114.914); East Fork Papoose Creek (46.555, -114.743); 
Jay Creek (46.513, -114.739); Lochsa River (46.508, -114.681); 
Postoffice Creek (46.529, -114.948); Squaw Creek (46.567, -114.859); 
Unnamed (46.463, -114.923); Wendover Creek (46.521, -114.788); West Fork 
Papoose Creek (46.576, -114.758); West Fork Postoffice Creek (46.493, -
114.985); West Fork Squaw Creek (46.545, -114.884).
    (v) Lower Crooked Fork Watershed 1706030305. Outlet(s) = Crooked 
Fork Lochsa River (Lat 46.50828495, Long -114.680785) upstream to 
endpoint(s) in: Crooked Fork Lochsa River (46.578, -114.612).
    (vi) Upper Crooked Fork Watershed 1706030306. Outlet(s) = Crooked 
Fork Lochsa River (Lat 46.57831788, Long -114.6115072) upstream to 
endpoint(s) in: Boulder Creek (46.636, -114.703); Crooked Fork Lochsa 
River (46.653, -114.670); Haskell Creek (46.605, -114.596); Shotgun 
Creek (46.601, -114.667).
    (vii) Brushy Fork Watershed 1706030307. Outlet(s) = Brushy Fork (Lat 
46.57831788, Long -114.6115072) upstream to endpoint(s) in: Brushy Fork 
(46.619, -114.450); Pack Creek (46.580, -114.588); Spruce Creek (46.609, 
-114.433).
    (viii) Lower White Sands Creek Watershed 1706030308. Outlet(s) = 
White Sands Creek (Lat 46.50828495, Long -114.680785) upstream to 
endpoint(s) in: Beaver Creek (46.509, -114.619); Cabin Creek (46.518, -
114.641); Walton Creek (46.500, -114.673); White Sands Creek (46.433, -
114.540).
    (ix) Storm Creek Watershed 1706030309. Outlet(s) = Storm Creek (Lat 
46.46307502, Long -114.5482819) upstream to endpoint(s) in: Maud Creek 
(46.495, -114.511); Storm Creek (46.540, -114.424).
    (x) Upper White Sands Creek Watershed 1706030310. Outlet(s) = White 
Sands Creek (Lat 46.4330966, Long -114.5395027) upstream to endpoint(s) 
in: Big FCreek (46.401, -114.475); Big SCreek (46.407, -114.534); Colt 
Creek (46.403, -114.726); White Sands Creek (46.422, -114.462).
    (xi) Warm Springs Creek Watershed 1706030311. Outlet(s) = Warm 
Springs Creek (Lat 46.4733796, Long -114.8872254) upstream to 
endpoint(s) in: Cooperation Creek (46.453, -114.866); Warm Springs Creek 
(46.426, -114.868).
    (xii) Fish Lake Creek Watershed 1706030312. Outlet(s) = Fish Lake 
Creek (Lat 46.46336343, Long -114.9957028) upstream to endpoint(s) in: 
Fish Lake Creek (46.405, -115.000); Heslip Creek (46.393, -115.027); 
Sponge Creek (46.384, -115.048).
    (xiii) Boulder Creek Watershed 1706030313. Outlet(s) = Boulder Creek 
(Lat 46.33815653, Long -115.3141495) upstream to endpoint(s) in: Boulder 
Creek (46.320, -115.199).
    (xiv) Old Man Creek Watershed 1706030314. Outlet(s) = Old Man Creek 
(Lat 46.2524595, Long -115.3988563) upstream to endpoint(s) in: Old Man 
Creek (46.256, -115.343).
    (21) Middle Fork Clearwater Subbasin 17060304--(i) Middle Fork 
Clearwater River/Maggie Creek Watershed 1706030401. Outlet(s) = Middle 
Fork Clearwater River (Lat 46.1459, Long -115.9797) upstream to 
endpoint(s) in: Maggie Creek (46.195, -115.801); Middle Fork Clearwater 
River (46.140, -115.599).
    (ii) Clear Creek Watershed 1706030402. Outlet(s) = Clear Creek (Lat 
46.1349, Long -115.9515) upstream to endpoint(s) in: Browns Spring Creek 
(46.067, -115.658); Clear Creek (46.056, -115.659); Kay Creek (46.005, -
115.725); Middle Fork Clear Creek (46.030, -115.739); Pine Knob Creek 
(46.093, -115.702); South Fork Clear Creek (45.941, -115.769); West Fork 
Clear Creek (46.013, -115.821).
    (22) South Fork Clearwater Subbasin 17060305--(i) Lower South Fork 
Clearwater River Watershed 1706030501. Outlet(s) = South Fork Clearwater 
River (Lat 46.1459, Long -115.9797) upstream to endpoint(s) in: Butcher 
Creek (45.945,

[[Page 618]]

-116.064); Castle Creek (45.834, -115.966); Earthquake Creek (45.853, -
116.005); Green Creek (45.957, -115.937); Lightning Creek (45.936, -
115.946); Mill Creek (45.934, -116.010); Rabbit Creek (46.028, -
115.877); Sally Ann Creek (46.019, -115.893); Schwartz Creek (45.914, -
116.000); South Fork Clearwater River (45.830, -115.931); Wall Creek 
(45.998, -115.926).
    (ii) South Fork Clearwater River/Meadow Creek Watershed 1706030502. 
Outlet(s) = South Fork Clearwater River (Lat 45.8299, Long -115.9312) 
upstream to endpoint(s) in: Covert Creek (45.890, -115.933); North 
Meadow Creek (45.923, -115.890); South Fork Clearwater River (45.824, -
115.889); Storm Creek (45.952, -115.848); Whitman Creek (45.914, -
115.919).
    (iii) South Fork Clearwater River/Peasley Creek Watershed 
1706030503. Outlet(s) = South Fork Clearwater River (Lat 45.8239, Long -
115.8892) upstream to endpoint(s) in: South Fork Clearwater River 
(45.795, -115.763).
    (iv) South Fork Clearwater River/Leggett Creek Watershed 1706030504. 
Outlet(s) = South Fork Clearwater River (Lat 45.7952, Long -115.7628) 
upstream to endpoint(s) in: Allison Creek (45.832, -115.588); Buckhorn 
Creek (45.807, -115.658); Fall Creek (45.833, -115.696); Leggett Creek 
(45.862, -115.685); Maurice Creek (45.856, -115.514); Moose Creek 
(45.835, -115.578); Rabbit Creek (45.822, -115.603); Santiam Creek 
(45.811, -115.624); South Fork Clearwater River (45.808, -115.474); 
Twentymile Creek (45.791, -115.765); Whiskey Creek (45.869, -115.544).
    (v) Newsome Creek Watershed 1706030505. Outlet(s) = Newsome Creek 
(Lat 45.8284, Long -115.6147) upstream to endpoint(s) in: Baldy Creek 
(45.944, -115.681); Bear Creek (45.887, -115.580); Beaver Creek (45.943, 
-115.568); Haysfork Creek (45.953, -115.678); Mule Creek (45.985, -
115.606); Newsome Creek (45.972, -115.654); Nuggett Creek (45.897, -
115.600); Pilot Creek (45.939, -115.716); Sawmill Creek (45.904, -
115.701); Sing Lee Creek (45.898, -115.677); West Fork Newsome Creek 
(45.880, -115.661).
    (vi) American River Watershed 1706030506. Outlet(s) = American River 
(Lat 45.8082, Long -115.4740) upstream to endpoint(s) in: American River 
(45.996, -115.445); Big Elk Creek (45.902, -115.513); Box Sing Creek 
(45.850, -115.386); Buffalo Gulch (45.873, -115.522); East Fork American 
River (45.905, -115.381); Flint Creek (45.913, -115.423); Kirks Fork 
American River (45.842, -115.385); Lick Creek (45.945, -115.477); Little 
Elk Creek (45.894, -115.476); Monroe Creek (45.871, -115.495); Unnamed 
(45.884, -115.510); West Fork American River (45.934, -115.510); West 
Fork Big Elk Creek (45.883, -115.515).
    (vii) Red River Watershed 1706030507. Outlet(s) = Red River (Lat 
45.8082, Long -115.4740) upstream to endpoint(s) in: Bridge Creek 
(45.814, -115.163); Campbell Creek (45.792, -115.486); Dawson Creek 
(45.728, -115.393); Deadwood Creek (45.794, -115.471); Ditch Creek 
(45.7941, -115.2923); Jungle Creek (45.710, -115.286); Little Campbell 
Creek (45.801, -115.478); Little Moose Creek (45.710, -115.399); Moose 
Butte Creek (45.695, -115.365); Otterson Creek (45.803, -115.222); Red 
Horse Creek (45.822, -115.355); Red River (45.788, -115.174); Siegel 
Creek (45.800, -115.323); Soda Creek (45.741, -115.257); South Fork Red 
River (45.646, -115.407); Trail Creek (45.784, -115.265); Trapper Creek 
(45.672, -115.311); Unnamed (45.788, -115.199); West Fork Red River 
(45.662, -115.447).
    (viii) Crooked River Watershed 1706030508. Outlet(s) = Crooked River 
(Lat 45.8241, Long -115.5291) upstream to endpoint(s) in: American Creek 
(45.7159, -115.9679); East Fork Crooked River (45.655, -115.562); East 
Fork Relief Creek (45.7363, -115.4511); Fivemile Creek (45.721, -
115.568); Quartz Creek (45.702, -115.536); Relief Creek (45.712, -
115.472); Silver Creek (45.713, -115.535); Trout Creek (45.6876, -
115.9463); West Fork Crooked River (45.666, -115.596).
    (ix) Ten Mile Creek Watershed 1706030509. Outlet(s) = Tenmile Creek 
(Lat 45.8064, Long -115.6833) upstream to endpoint(s) in: Mackey Creek 
(45.754, -115.683); Morgan Creek (45.731, -115.672); Sixmile Creek 
(45.762, -115.641); Tenmile Creek (45.694, -115.694); Williams Creek 
(45.703, -115.636).
    (x) John's Creek Watershed 1706030510. Outlet(s) = Johns Creek (Lat 
45.8239, Long -115.8892) upstream to endpoint(s) in: American Creek 
(45.750, -115.961); Frank Brown Creek (45.708, -115.785); Gospel Creek 
(45.637, -115.915); Johns Creek (45.665, -115.827); Trout Creek

[[Page 619]]

(45.750, -115.909); West Fork Gospel Creek (45.657, -115.949).
    (xi) Mill Creek Watershed 1706030511. Outlet(s) = Mill Creek (Lat 
45.8299, Long -115.9312) upstream to endpoint(s) in: Adams Creek 
(45.6556, -116.0408); Camp Creek (45.6613, -115.9820); Corral Creek 
(45.6719, -115.9779); Hunt Creek (45.6768, -115.9640); Mill Creek 
(45.641, -116.008); Unnamed (45.6964, -115.9641).
    (xii) Cottonwood Creek Watershed 1706030513. Outlet(s) = Cottonwood 
Creek (Lat 46.0810, Long -115.9764) upstream to endpoint(s) in: 
Cottonwood Creek (46.0503, -116.1109); Red Rock Creek (46.0807, -
116.1579).
    (23) Clearwater Subbasin 17060306--(i) Lower Clearwater River 
Watershed 1706030601. Outlet(s) = Clearwater River (Lat 46.4281, Long -
117.0380) upstream to endpoint(s) in: Clearwater River (46.447, -
116.837).
    (ii) Clearwater River/Lower Potlatch River Watershed 1706030602. 
Outlet(s) = Clearwater River (Lat 46.4467, Long -116.8366) upstream to 
endpoint(s) in: Catholic Creek (46.489, -116.841); Clearwater River 
(46.474, -116.765); Howard Gulch (46.4976, -116.7791); Little Potlatch 
Creek (46.6322, -116.8320); Potlatch River (46.523, -116.728).
    (iii) Potlatch River/Middle Potlatch Creek Watershed 1706030603. 
Outlet(s) = Potlatch River (Lat 46.5231, Long -116.7284) upstream to 
endpoint(s) in: Middle Potlatch Creek (46.669, -116.796); Potlatch River 
(46.583, -116.700).
    (iv) Lower Big Bear Creek Watershed 1706030604. Outlet(s) = Big Bear 
Creek (Lat 46.6180, Long -116.6439) upstream to endpoint(s) in: Big Bear 
Creek (46.7145, -116.6632); Little Bear Creek (46.7360, -116.7010), West 
Fork Little Bear Creek (46.7413, -116.7789).
    (v) Upper Big Bear Creek 1706030605. Outlet(s) = Big Bear Creek (Lat 
46.7145, Long -116.6632) upstream to endpoint(s) in: East Fork Big Bear 
Creek (46.8141, -116.5984).
    (vi) Potlatch River/Pine Creek Watershed 1706030606. Outlet(s) = 
Potlatch River (Lat 46.5830, Long -116.6998) upstream to endpoint(s) in: 
Boulder Creek (46.711, -116.450); Leopold Creek (46.6547, -116.4407); 
Pine Creek (46.706, -116.554); Potlatch River (46.699, -116.504).
    (vii) Upper Potlatch River Watershed 1706030607. Outlet(s) = 
Potlatch River (Lat 46.6987, Long -116.5036) upstream to endpoint(s) in: 
Corral Creek (46.8012, -116.4746); East Fork Potlatch River (46.876, -
116.247); Feather Creek (46.938, -116.411); Head Creek (46.942, -
116.366); Little Boulder Creek (46.768, -116.414); Nat Brown Creek 
(46.911, -116.375); Pasture Creek (46.940, -116.371); Porcupine Creek 
(46.937, -116.379); Potlatch River (46.941, -116.359); Ruby Creek 
(46.7992, -116.3037); Unnamed (46.8938, -116.3617); Unnamed (46.922, -
116.449); West Fork Potlatch River (46.931, -116.458).
    (viii) Clearwater River/Bedrock Creek Watershed 1706030608. 
Outlet(s) = Clearwater River (Lat 46.4741, Long -116.7652) upstream to 
endpoint(s) in: Bedrock Creek (46.5738, -116.5000); Clearwater River 
(46.516, -116.590); Louse Creek ( 46.5380, -116.4411); Pine Creek 
(46.579, -116.615).
    (ix) Clearwater River/Jack's Creek Watershed 1706030609. Outlet(s) = 
Clearwater River (Lat 46.5159, Long -116.5903) upstream to endpoint(s) 
in: Clearwater River (46.498, -116.433); Jacks Creek (46.435, -116.462).
    (x) Big Canyon Creek Watershed 1706030610. Outlet(s) = Big Canyon 
Creek (Lat 46.4984, Long -116.4326) upstream to endpoint(s) in: Big 
Canyon Creek (46.2680, -116.5396); Cold Springs Creek (46.2500, -
116.5210); Posthole Canyon (46.318, -116.450); Sixmile Canyon (46.372, -
116.441); Unnamed (46.3801, -116.3750).
    (xi) Little Canyon Creek Watershed 1706030611. Outlet(s) = Little 
Canyon Creek (Lat 46.4681, Long -116.4172) upstream to endpoint(s) in: 
Little Canyon Creek (46.295, -116.279).
    (xii) Clearwater River/Lower Orofino Creek Watershed 1706030612. 
Outlet(s) = Clearwater River (Lat 46.4984, Long -116.4326) upstream to 
endpoint(s) in: Clearwater River (46.476, -116.254); Orofino Creek 
(46.485, -116.196); Whiskey Creek (46.5214, -116.1753).
    (xiii) Jim Ford Creek Watershed 1706030614. Outlet(s) = Jim Ford 
Creek (Lat 46.4394, Long -116.2115) upstream to endpoint(s) in: Jim Ford 
Creek (46.3957, -115.9570).
    (xiv) Lower Lolo Creek Watershed 1706030615. Outlet(s) = Lolo Creek 
(Lat 46.3718, Long -116.1697) upstream to endpoint(s) in: Big Creek 
(46.392, -116.118); Lolo Creek (46.284, -115.882), Schmidt Creek 
(46.3617, -116.0426).

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    (xv) Middle Lolo Creek Watershed 1706030616. Outlet(s) = Lolo Creek 
(Lat 46.2844, Long -115.8818) upstream to endpoint(s) in: Crocker Creek 
(46.254, -115.859); Lolo Creek (46.381, -115.708); Mud Creek (46.274, -
115.759); Nevada Creek (46.322, -115.735); Pete Charlie Creek (46.289, -
115.823); Yakus Creek (46.238, -115.763).
    (xvi) Musselshell Creek Watershed 1706030617. Outlet(s) = Jim Brown 
Creek (Lat 46.3098, Long -115.7531) upstream to endpoint(s) in: Gold 
Creek (46.376, -115.735); Jim Brown Creek (46.357, -115.790); 
Musselshell Creek (46.394, -115.744).
    (xvii) Upper Lolo Creek Watershed 1706030618. Outlet(s) = Lolo Creek 
(Lat 46.3815, Long -115.7078) upstream to endpoint(s) in: Camp Creek 
(46.416, -115.624); Lolo Creek (46.425, -115.648); Max Creek (46.384, -
115.679); Relaskon Creek (46.394, -115.647); Siberia Creek (46.384, -
115.707); Yoosa Creek (46.408, -115.589).
    (xviii) Eldorado Creek Watershed 1706030619. Outlet(s) = Eldorado 
Creek (Lat 46.2947, Long -115.7500) upstream to endpoint(s) in: Cedar 
Creek (46.298, -115.711); Dollar Creek (46.301, -115.640); Eldorado 
Creek (46.300, -115.645); Four Bit Creek (46.294, -115.644).
    (xix) Clearwater River/Fivemile Creek Watershed 1706030620. 
Outlet(s) = Clearwater River (Lat 46.4759, Long -116.2543) upstream to 
endpoint(s) in: Clearwater River (46.350, -116.154); Fivemile Creek 
(46.3473, -116.1859).
    (xx) Clearwater River/Sixmile Creek Watershed 1706030621. Outlet(s) 
= Clearwater River (Lat 46.3500, Long -116.1541) upstream to endpoint(s) 
in: Clearwater River (46.257, -116.067); Sixmile Creek (46.269, -
116.213).
    (xxi) Clearwater River/Tom Taha Creek Watershed 1706030622. 
Outlet(s) = Clearwater River (Lat 46.2565, Long -116.067) upstream to 
endpoint(s) in: Clearwater River (46.146, -115.980); Tom Taha Creek 
(46.244, -115.993).
    (xxii) Lower Lawyer Creek Watershed 1706030623. Outlet(s) = Lawyer 
Creek (Lat 46.2257, Long -116.0116) upstream to endpoint(s) in: Lawyer 
Creek (46.155, -116.190), Sevenmile Creek (46.1498, -116.0838).
    (xxiii) Middle Lawyer Creek Watershed 1706030624. Outlet(s) = Lawyer 
Creek (Lat 46.1546, Long -116.1899) upstream to endpoint(s) in: Lawyer 
Creek (46.188, -116.380).
    (xxiv) Cottonwood Creek Watershed 1706030627. Outlet(s) = Cottonwood 
Creek (Lat 46.5023, Long -116.7127) upstream to endpoint(s) in: 
Cottonwood Creek (46.387, -116.622), Coyote Creek (46.4622, -116.6377), 
Magpie Creek (46.4814, -116.6643).
    (xxv) Upper Lapwai Creek Watershed 1706030628. Outlet(s) = Lapwai 
Creek (Lat 46.3674, Long -116.7352) upstream to endpoint(s) in: Lapwai 
Creek (46.2961, -116.5955); Unnamed (46.3346, -116.5794).
    (xxvi) Mission Creek Watershed 1706030629. Outlet(s) = Mission Creek 
(Lat 46.3674, Long -116.73525) upstream to endpoint(s) in: Mission Creek 
(46.2724, -116.6949); Rock Creek (46.3048, -116.6250).
    (xxvii) Upper Sweetwater Creek Watershed 1706030630. Outlet(s) = 
Webb Creek (Lat 46.3310, Long -116.8369) upstream to endpoint(s) in: 
Sweetwater Creek (46.2751, -116.8513); Webb Creek (46.2338, -116.7500).
    (xxviii) Lower Sweetwater Creek Watershed 1706030631. Outlet(s) = 
Lapwai Creek (Lat 46.4512, Long -116.8182) upstream to endpoint(s) in: 
Lapwai Creek (46.364, -116.750); Sweetwater Creek (46.331, -116.837); 
Tom Beall Creek (46.4240, -116.7822).
    (24) Lower Snake/Columbia River Corridor--Lower Snake/Columbia River 
Corridor. Outlet(s) = Columbia River mouth (Lat 46.2485, Long -124.0782) 
upstream to endpoint at the confluence of the Palouse River (46.589, -
117.215).
    (25) Maps of critical habitat for the Snake River Basin Steelhead 
ESU follow:

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    (r) Middle Columbia River Steelhead (Oncorhynchus mykiss). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Upper Yakima Subbasin 17030001--(i) Upper Yakima River Watershed 
1703000101. Outlet(s) = Yakima River (Lat 47.1770, Long -120.9964) 
upstream to endpoint(s) in: Big Creek (47.1951, -121.1181); Cabin Creek 
(47.2140, -121.2400); Cle Elum River (47.2457, -121.0729); Kachess River 
(47.2645,

[[Page 646]]

-121.2062); Little Creek (47.2002, -121.0842); Peterson Creek (47.1765, 
-121.0592); Tucker Creek (47.2202, -121.1639); Yakima River (47.3219, -
121.3371).
    (ii) Teanaway River Watershed 1703000102. Outlet(s) = Yakima River 
(Lat 47.1673, Long -120.8338) upstream to endpoint(s) in: Bear Creek 
(47.3684, -120.7902); DeRoux Creek (47.4202, -120.9477); Dickey Creek 
(47.2880, -120.8322); Indian Creek (47.3216, -120.8145); Jack Creek 
(47.3414, -120.8130); Jungle Creek (47.3453, -120.8951); Mason Creek 
(47.2528, -120.7889); Middle Creek (47.2973, -120.8204); Middle Fork 
Teanaway River (47.3750, -120.9800); Standup Creek (47.3764, -120.8362); 
Tillman Creek (47.1698, -120.9798); Unnamed (47.2809, -120.8995); West 
Fork Teanaway River (47.3040, -121.0179); Yakima River (47.1770, -
120.9964).
    (iii) Middle Upper Yakima River Watershed 1703000103. Outlet(s) = 
Yakima River (Lat 46.8987, Long -120.5035) upstream to endpoint(s) in: 
Badger Creek (46.9305, -120.4805); Coleman Creek (46.9636, -120.4764); 
Cooke Creek (46.9738, -120.4381); Dry Creek (47.0366, -120.6122); First 
Creek (47.2082, -120.6732); Iron Creek (47.3495, -120.7032); Manastash 
Creek (46.9657, -120.7347); Naneum Creek (46.9561, -120.4987); North 
Fork Taneum Creek (47.1224, -121.0396); Reecer Creek (47.0066, -
120.5817); South Fork Taneum Creek (47.0962, -120.9713); Swauk Creek 
(47.3274, -120.6586); Unnamed (46.9799, -120.5407); Unnamed (47.0000, -
120.5524); Unnamed (47.0193, -120.5676); Williams Creek (47.2638, -
120.6513); Wilson Creek (46.9931, -120.5497); Yakima River (47.1673, -
120.8338).
    (iv) Umtanum/Wenas Watershed 1703000104. Outlet(s) = Yakima River 
(Lat 46.6309, Long -120.5130) upstream to endpoint(s) in: Burbank Creek 
(46.7663, -120.4238); Lmuma Creek (46.8224, -120.4510); Umtanum Creek 
(46.8928, -120.6130); Wenas Creek (46.7087, -120.5179); Yakima River 
(46.8987, -120.5035).
    (2) Naches Subbasin 17030002--(i) Little Naches River Watershed 
1703000201. Outlet(s) = Little Naches River (Lat 46.9854, Long -
121.0915) upstream to endpoint(s) in: American River (46.9008, -
121.4194); Barton Creek (46.8645, -121.2869); Bear Creek (47.0793, -
121.2415); Blowout Creek (47.0946, -121.3046); Crow Creek (47.0147, -
121.3241); Goat Creek (46.9193, -121.2269); Kettle Creek (46.9360, -
121.3262); Mathew Creek (47.0829, -121.1944); Miner Creek (46.9542, -
121.3074); Morse Creek (46.9053, -121.4131); North Fork Little Naches 
River (47.0958, -121.3141); Parker Creek (46.9589, -121.2900); Pinus 
Creek (46.9682, -121.2766); Quartz Creek (47.0382, -121.1128); Scab 
Creek (46.8969, -121.2459); South Fork Little Naches River (47.0574, -
121.2760); Sunrise Creek (46.9041, -121.2448); Survey Creek (46.9435, -
121.3296); Timber Creek (46.9113, -121.3822); Union Creek (46.9366, -
121.3596); Unnamed (46.8705, -121.2809); Unnamed (46.8741, -121.2956); 
Unnamed (46.8872, -121.2811); Unnamed (46.8911, -121.2816); Unnamed 
(46.9033, -121.4162); Unnamed (46.9128, -121.2286); Unnamed (46.9132, -
121.4058); Unnamed (46.9158, -121.3710); Unnamed (46.9224, -121.2200); 
Unnamed (46.9283, -121.3484); Unnamed (46.9302, -121.2103); Unnamed 
(46.9339, -121.1970); Unnamed (46.9360, -121.3482); Unnamed (46.9384, -
121.3200); Unnamed (46.9390, -121.1898); Unnamed (46.9396, -121.3404); 
Unnamed (46.9431, -121.3088); Unnamed (46.9507, -121.2894); Unnamed 
(47.0774, -121.3092); Wash Creek (46.9639, -121.2810).
    (ii) Naches River/Rattlesnake Creek Watershed 1703000202. Outlet(s) 
= Naches River (Lat 46.7467, Long -120.7858) upstream to endpoint(s) in: 
Glass Creek (46.8697, -121.0974); Gold Creek (46.9219, -121.0464); 
Hindoo Creek (46.7862, -121.1689); Little Rattlesnake Creek (46.7550, -
121.0543); Lost Creek (46.9200, -121.0568); Naches River (46.9854, -
121.0915); North Fork Rattlesnake Creek (46.8340, -121.1439); 
Rattlesnake Creek (46.7316, -121.2339); Rock Creek (46.8847, -120.9718).
    (iii) Naches River/Tieton River Watershed 1703000203. Outlet(s) = 
Naches River (Lat 46.6309, Long -120.5130) upstream to endpoint(s) in: 
Naches River (46.7467, -120.7858); Oak Creek (46.7295, -120.9348); South 
Fork Cowiche Creek (46.6595, -120.7601); Tieton River (46.6567, -
121.1287); Unnamed (46.6446, -120.5923); Wildcat Creek (46.6715, -
121.1520).
    (3) Lower Yakima Subbasin 17030003--(i) Ahtanum Creek Watershed 
1703000301. Outlet(s) = Ahtanum Creek (Lat 46.5283, Long -120.4732) 
upstream to

[[Page 647]]

endpoint(s) in: Foundation Creek (46.5349, -121.0134); Middle Fork 
Ahtanum Creek (46.5075, -121.0225); Nasty Creek (46.5718, -120.9721); 
North Fork Ahtanum Creek (46.5217, -121.0917); South Fork Ahtanum Creek 
(46.4917, -120.9590); Unnamed (46.5811, -120.6390).
    (ii) Upper Lower Yakima River Watershed 1703000302. Outlet(s) = 
Yakima River (Lat 46.5283, Long -120.4732) upstream to endpoint(s) in: 
Unnamed (46.5460, -120.4383); Yakima River (46.6309, -120.5130).
    (iii) Upper Toppenish Creek Watershed 1703000303. Outlet(s) = 
Toppenish Creek (Lat 46.3767, Long -120.6172) upstream to endpoint(s) 
in: Agency Creek (46.3619, -120.9646); Branch Creek (46.2958, -
120.9969); North Fork Simcoe Creek (46.4548, -120.9307); North Fork 
Toppenish Creek (46.3217, -120.9985); Old Maid Canyon (46.4210, -
120.9349); South Fork Toppenish Creek (46.2422, -121.0885); Toppenish 
Creek (46.3180, -121.1387); Unnamed (46.3758, -120.9336); Unnamed 
(46.4555, -120.8436); Wahtum Creek (46.3942, -120.9146); Willy Dick 
Canyon (46.2952, -120.9021).
    (iv) Lower Toppenish Creek Watershed 1703000304. Outlet(s) = Yakima 
River (Lat 46.3246, Long -120.1671) upstream to endpoint(s) in: 
Toppenish Creek (46.3767, -120.6172); Unnamed (46.3224, -120.4464); 
Unnamed (46.3363, -120.5891); Unnamed (46.3364, -120.2288); Unnamed 
(46.3679, -120.2801); Unnamed (46.4107, -120.5582); Unnamed (46.4379, -
120.4258); Yakima River (46.5283, -120.4732).
    (v) Satus Creek Watershed 1703000305. Outlet(s) = Satus Creek (Lat 
46.2893, Long -120.1972) upstream to endpoint(s) in: Bull Creek 
(46.0314, -120.5147); Kusshi Creek (46.0994, -120.6094); Logy Creek 
(46.1357, -120.6389); Mule Dry Creek (46.0959, -120.3186); North Fork 
Dry Creek (46.1779, -120.7669); Satus Creek (46.0185, -120.7268); 
Unnamed (46.0883, -120.5278); Wilson Charley Canyon (46.0419, -
120.6479).
    (vi) Yakima River/Spring Creek Watershed 1703000306. Outlet(s) = 
Yakima River (Lat 46.3361, Long -119.4817) upstream to endpoint(s) in: 
Corral Creek (46.2971, -119.5302); Satus Creek (46.2893, -120.1972); 
Snipes Creek (46.2419, -119.6802); Spring Creek (46.2359, -119.6952); 
Unnamed (46.2169, -120.0189); Unnamed (46.2426, -120.0993); Unnamed 
(46.2598, -120.1322); Unnamed (46.2514, -120.0190); Yakima River 
(46.3246, -120.1671).
    (vii) Yakima River/Cold Creek Watershed 1703000307. Outlet(s) = 
Yakima River (Lat 46.2534, Long -119.2268) upstream to endpoint(s) in: 
Yakima River (46.3361, -119.4817).
    (4) Middle Columbia/Lake Wallula Subbasin 17070101--(i) Upper Lake 
Wallula Watershed 1707010101. Outlet(s) = Columbia River (Lat 46.0594, 
Long -118.9445) upstream to endpoint(s) in: Columbia River (46.1776, -
119.0183).
    (ii) Lower Lake Wallula Watershed 1707010102. Outlet(s) = Columbia 
River (Lat 45.9376, Long -119.2969) upstream to endpoint(s) in: Columbia 
River (46.0594, -118.9445).
    (iii) Glade Creek Watershed 1707010105. Outlet(s) = Glade Creek (Lat 
45.8895, Long -119.6809) upstream to endpoint(s) in: Glade Creek 
(45.8978, -119.6962).
    (iv) Upper Lake Umatilla Watershed 1707010106. Outlet(s) = Columbia 
River (Lat 45.8895, Long -119.6809) upstream to endpoint(s) in: Columbia 
River (45.9376, -119.2969).
    (v) Middle Lake Umatilla Watershed 1707010109. Outlet(s) = Columbia 
River (Lat 45.8318, Long -119.9069) upstream to endpoint(s) in: Columbia 
River (45.8895, -119.6809).
    (vi) Alder Creek Watershed 1707010110. Outlet(s) = Alder Creek (Lat 
45.8298, Long -119.9277) upstream to endpoint(s) in: Alder Creek 
(45.8668, -119.9224).
    (vii) Pine Creek Watershed 1707010111. Outlet(s) = Pine Creek (Lat 
45.7843, Long -120.0823) upstream to endpoint(s) in: Pine Creek 
(45.8234, -120.1396).
    (viii) Wood Gulch Watershed 1707010112. Outlet(s) = Wood Creek (Lat 
45.7443, Long -120.1930) upstream to endpoint(s) in: Big Horn Canyon 
(45.8322, -120.2467); Wood Gulch (45.8386, -120.3006).
    (ix) Rock Creek Watershed 1707010113. Outlet(s) = Rock Creek (Lat 
45.6995, Long -120.4597) upstream to endpoint(s) in: Rock Creek 
(45.8835, -120.5557); Squaw Creek (45.8399, -120.4935).
    (x) Lower Lake Umatilla Watershed 1707010114. Outlet(s) = Columbia 
River (Lat 45.7168, Long -120.6927) upstream to endpoint(s) in: Chapman 
Creek (45.7293, -120.3148); Columbia River (45.8318, -119.9069).

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    (5) Walla Walla Subbasin 17070102--(i) Upper Walla Walla River 
Watershed 1707010201. Outlet(s) = Walla Walla River (Lat 45.9104, Long -
118.3696) upstream to endpoint(s) in: Bear Creek (45.8528, -118.0991); 
Big Meadow Canyon (45.900, -118.1116); Burnt Cabin Gulch (45.8056, -
118.0593); Couse Creek (45.8035, -118.2032); Elbow Creek (45.7999, -
118.1462); Kees Canyon (45.8262, -118.0927); Little Meadow Canyon 
(45.9094, -118.1333); North Fork Walla Walla River (45.9342, -118.0169); 
Reser Creek (45.8840, -117.9950); Rodgers Gulch (45.8513, -118.0839); 
Skiphorton Creek (45.8892, -118.0255); South Fork Walla Walla River 
(45.9512, -117.9647); Swede Canyon (45.8506, -118.0640); Table Creek 
(45.8540, -118.0546); Unnamed (45.8026, -118.1412); Unnamed (45.8547, -
117.9915); Unnamed (45.8787-118.0387); Unnamed (45.8868, -117.9629); 
Unnamed (45.9095, -117.9621).
    (ii) Mill Creek Watershed 1707010202. Outlet(s) = Mill Creek (Lat 
46.0391, Long -118.4779) upstream to endpoint(s) in: Blue Creek 
(46.0188, -118.0519); Broken Creek (45.9745, -117.9899); Cold Creek 
(46.0540, -118.4097); Deadman Creek (46.0421, -117.9503); Doan Creek 
(46.0437, -118.4353); Green Fork (46.0298, -117.9389); Henry Canyon 
(45.9554, -118.1104); Low Creek (45.9649, -117.9980); Mill Creek 
(46.0112, -117.9406); North Fork Mill Creek (46.0322, -117.9937); 
Paradise Creek (46.0005, -117.9900); Tiger Creek (45.9588, -118.0253); 
Unnamed (46.0253, -117.9320); Unnamed (46.0383, -117.9463); Webb Creek 
(45.9800, -118.0875).
    (iii) Upper Touchet River Watershed 1707010203. Outlet(s) = Touchet 
River (Lat 46.3196, Long -117.9841) upstream to endpoint(s) in: Burnt 
Fork (46.0838, -117.9311); Coates Creek (46.1585, -117.8431); Green Fork 
(46.0737, -117.9712); Griffin Fork (46.1100, -117.9336); Ireland Gulch 
(46.1894, -117.8070); Jim Creek (46.2156, -117.7959); Lewis Creek 
(46.1855, -117.7791); North Fork Touchet River (46.0938, -117.8460); 
North Patit Creek (46.3418, -117.7538); Robinson Fork (46.1200, -
117.9006); Rodgers Gulch (46.2813, -117.8411); Spangler Creek (46.1156, 
-117.7934); Unnamed (46.1049, -117.9351); Unnamed (46.1061, -117.9544); 
Unnamed (46.1206, -117.9386); Unnamed (46.1334, -117.9512); Unnamed 
(46.1604, -117.9018); Unnamed (46.2900, -117.7339); Weidman Gulch 
(46.2359, -117.8067); West Patit Creek (46.2940, -117.7164); Whitney 
Creek (46.1348, -117.8491); Wolf Fork (46.1035, -117.8797).
    (iv) Middle Touchet River Watershed 1707010204. Outlet(s) = Touchet 
River (Lat 46.2952, Long -118.3320) upstream to endpoint(s) in: North 
Fork Coppei Creek (46.1384, -118.0181); South Fork Coppei Creek 
(46.1302, -118.0608); Touchet River (46.3196, -117.9841); Whisky Creek 
(46.2438, -118.0785).
    (v) Lower Touchet River Watershed 1707010207. Outlet(s) = Touchet 
River (Lat 46.0340, Long -118.6828) upstream to endpoint(s) in: Touchet 
River (46.2952, -118.3320).
    (vi) Cottonwood Creek Watershed 1707010208. Outlet(s) = Walla Walla 
River (Lat 46.0391, Long -118.4779) upstream to endpoint(s) in: Birch 
Creek (45.9489, -118.2541); Caldwell Creek (46.0493, -118.3022); East 
Little Walla Walla River (46.0009, -118.4069); Garrison Creek (46.0753, 
-118.2726); Middle Fork Cottonwood Creek (45.9566, -118.1776); North 
Fork Cottonwood Creek (45.9738, -118.1533); Reser Creek (46.0370, -
118.3085); Russell Creek (46.0424, -118.2488); South Fork Cottonwood 
Creek (45.9252, -118.1798); Stone Creek (46.0618, -118.3081); Unnamed 
(45.9525, -118.2513); Unnamed (46.0022, -118.4070); Walla Walla River 
(45.9104, -118.3696); Yellowhawk Creek (46.0753, -118.2726).
    (vii) Dry Creek Watershed 1707010210. Outlet(s) = Dry Creek (Lat 
46.0507, Long -118.5932) upstream to endpoint(s) in: Dry Creek (46.0725, 
-118.0268); Mud Creek (46.1414, -118.1313); South Fork Dry Creek 
(46.0751, -118.0514); Unnamed (46.1122, -118.1141).
    (viii) Lower Walla Walla River Watershed 1707010211. Outlet(s) = 
Walla Walla River (Lat 46.0594, Long -118.9445) upstream to endpoint(s) 
in: Walla Walla River (46.0391, -118.4779).
    (6) Umatilla Subbasin 17070103--(i) Upper Umatilla River Watershed 
1707010301. Outlet(s) = Umatilla River (Lat 45.7024, Long -118.3593) 
upstream to endpoint(s) in: Bear Creek (45.7595, -118.1942); Bobsled 
Creek (45.7268, -118.2503); Buck Creek (45.7081, -118.1059); East Fork 
Coyote Creek (45.7553, -118.1263); Johnson Creek 4 (45.7239, -
118.0797); Lake Creek 2 (45.7040, -118.1297); Lick Creek 
(45.7400, -118.1880); North Fork Umatilla River

[[Page 649]]

(45.7193, -118.0244); Rock Creek (45.7629, -118.2377); Ryan Creek 
(45.6362, -118.2963); Shimmiehorn Creek (45.6184, -118.1908); South Fork 
Umatilla River (45.6292, -118.2424); Spring Creek 2 (45.6288, -
118.1525); Swamp Creek (45.6978, -118.1356); Thomas Creek (45.6546, -
118.1435); Unnamed (45.6548, -118.1371); Unnamed (45.6737, -118.1616); 
Unnamed (45.6938, -118.3036); Unnamed (45.7060, -118.2123); Unnamed 
(45.7200, -118.3092); Unnamed (45.7241, -118.3197); Unnamed (45.7281, -
118.1604); Unnamed (45.7282, -118.3372); Unnamed (45.7419, -118.1586); 
West Fork Coyote Creek (45.7713, -118.1513); Woodward Creek (45.7484, -
118.0760).
    (ii) Meacham Creek Watershed 1707010302. Outlet(s) = Meacham Creek 
(Lat 45.7024, Long -118.3593) upstream to endpoint(s) in: Bear Creek 
3 (45.4882, -118.1993); Beaver Creek (45.4940, -118.4411); 
Boston Canyon (45.6594, -118.3344); Butcher Creek (45.4558, -118.3737); 
Camp Creek (45.5895, -118.2800); Duncan Canyon (45.5674, -118.3244); 
East Meacham Creek (45.4570, -118.2212); Hoskins Creek (45.5188, -
118.2059); Line Creek (45.6303, -118.3291); Meacham Creek (45.4364, -
118.3963); North Fork Meacham Creek (45.5767, -118.1721); Owsley Creek 
(45.4349, -118.2434); Pot Creek (45.5036, -118.1438); Sheep Creek 
(45.5121, -118.3945); Twomile Creek (45.5085, -118.4579); Unnamed 
(45.4540, -118.2192); Unnamed (45.5585, -118.2064); Unnamed (45.6019, -
118.2971); Unnamed (45.6774, -118.3415).
    (iii) Umatilla River/Mission Creek Watershed 1707010303. Outlet(s) = 
Umatilla River (Lat 45.6559, Long -118.8804) upstream to endpoint(s) in: 
Bachelor Canyon (45.6368, -118.3890); Buckaroo Creek (45.6062, -
118.5000); Coonskin Creek (45.6556, -118.5239); Cottonwood Creek 
(45.6122, -118.5704); Little Squaw Creek (45.5969, -118.4095); Mission 
Creek (45.6256, -118.6133); Moonshine Creek (45.6166, -118.5392); Patawa 
Creek (45.6424, -118.7125); Red Elk Canyon (45.6773, -118.4431); Saddle 
Hollow (45.7067, -118.3968); South Patawa Creek (45.6250, -118.6919); 
Squaw Creek (45.5584, -118.4389); Stage Gulch (45.6533, -118.4481); 
Thorn Hollow Creek (45.6957, -118.4530); Umatilla River (45.7024, -
118.3593); Unnamed (45.5649, -118.4221); Unnamed (45.6092, -118.7603); 
Unnamed (45.6100, -118.4046); Unnamed (45.6571, -118.7473); Unnamed 
(45.6599, -118.4641); Unnamed (45.6599, -118.4711); Unnamed (45.6676, -
118.6176); Unnamed (45.6688, -118.5575); Unnamed (45.6745, -118.5859).
    (iv) McKay Creek Watershed 1707010305. Outlet(s) = McKay Creek (Lat 
45.6685, Long -118.8400) upstream to endpoint(s) in: McKay Creek 
(45.6077, -118.7917).
    (v) Birch Creek Watershed 1707010306. Outlet(s) = Birch Creek (Lat 
45.6559, Long -118.8804) upstream to endpoint(s) in: Bear Creek 
(45.2730, -118.8939); Bridge Creek (45.3603, -118.9039); California 
Gulch (45.3950, -118.8149); Dark Canyon (45.3119, -118.7572); East Birch 
Creek (45.3676, -118.6085); Johnson Creek 2 (45.3931, -
118.7518); Little Pearson Creek (45.3852, -118.7415); Merle Gulch 
(45.3450, -118.8136); Owings Creek (45.3864, -118.9600); Pearson Creek 
(45.2901, -118.7985); South Canyon 2 (45.3444, -118.6949); 
Unnamed (45.2703, -118.7624); Unnamed (45.3016, -118.7705); Unnamed 
(45.3232, -118.7264); Unnamed (45.3470, -118.7984); Unnamed (45.3476, -
118.6703); Unnamed (45.3511, -118.6328); Unnamed (45.4628, -118.7491); 
West Birch Creek (45.2973, -118.8341); Willow Spring Canyon (45.3426, -
118.9833).
    (vi) Umatilla River/Alkali Canyon Watershed 1707010307. Outlet(s) = 
Umatilla River (Lat 45.7831, Long -119.2372) upstream to endpoint(s) in: 
Umatilla River (45.6559, -118.8804).
    (vii) Lower Umatilla River Watershed 1707010313. Outlet(s) = 
Umatilla River (Lat 45.9247, Long -119.3575) upstream to endpoint(s) in: 
Umatilla River (45.7831, -119.2372); Unnamed (45.8202, -119.3305).
    (7) Middle Columbia/Hood Subbasin 17070105--(i) Upper Middle 
Columbia/Hood Watershed 1707010501. Outlet(s) = Columbia River (Lat 
45.6426, Long -120.9142) upstream to endpoint(s) in: Columbia River 
(45.7168, -120.6927); Frank Fulton Canyon (45.6244, -120.8258); Spanish 
Hollow Creek (45.6469, -120.8069); Unnamed (45.6404, -120.8654).
    (ii) Fifteenmile Creek Watershed 1707010502. Outlet(s) = Fifteenmile 
Creek (Lat 45.6197, Long -121.1265) upstream to endpoint(s) in: Cedar 
Creek (45.3713, -121.4153); Dry Creek (45.4918, -121.0479); Fifteenmile 
Creek (45.3658, -121.4390); Ramsey Creek (45.3979, -121.4454); Unnamed 
(45.3768, -121.4410).

[[Page 650]]

    (iii) Fivemile Creek Watershed 1707010503. Outlet(s) = Eightmile 
Creek (Lat 45.6064, Long -121.0854) upstream to endpoint(s) in: 
Eightmile Creek (45.3944, -121.4983); Middle Fork Fivemile Creek 
(45.4502, -121.4324); South Fork Fivemile Creek (45.4622, -121.3641).
    (iv) Middle Columbia/Mill Creek Watershed 1707010504. Outlet(s) = 
Columbia River (Lat 45.6920, Long -121.2937) upstream to endpoint(s) in: 
Brown Creek (45.5911, -121.2729); Chenoweth Creek (45.6119, -121.2658); 
Columbia River (45.6426, -120.9142); North Fork Mill Creek (45.4999, -
121.4537); South Fork Mill Creek (45.5187, -121.3367); Threemile Creek 
(45.5598, -121.1747).
    (v) Mosier Creek Watershed 1707010505. Outlet(s) = Mosier Creek (Lat 
45.6950, Long -121.3996) upstream to endpoint(s) in: Mosier Creek 
(45.6826, -121.3896); Rock Creek (45.6649, -121.4352).
    (vi) White Salmon River Watershed 1707010509. Outlet(s) = White 
Salmon River (Lat 45.7267, Long -121.5209) upstream to endpoint(s) in: 
Unnamed (45.7395, -121.5500); White Salmon River (45.7676, -121.5374).
    (vii) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) = 
Columbia River (Lat 45.7070, Long -121.7943) upstream to endpoint(s) in: 
Catherine Creek (45.7448, -121.4206); Columbia River (45.6920, -
121.2937); Dog Creek (45.7200, -121.6804); East Fork Major Creek 
(45.8005, -121.3449); Hanson Creek (45.7472, -121.3143); Jewett Creek 
(45.7524, -121.4704); Rowena Creek (45.6940, -121.3122); Unnamed 
(45.7238, -121.7227); Unnamed (45.7248, -121.7322); Unnamed (45.7303, -
121.3095); Unnamed (45.7316, -121.3094); Unnamed (45.7445, -121.3309); 
Unnamed (45.7486, -121.3203); Unnamed (45.7530, -121.4697); Unnamed 
(45.7632, -121.4795); Unnamed (45.7954, -121.3863); Unnamed (45.8003, -
121.4062); West Fork Major Creek (45.8117, -121.3929).
    (8) Klickitat Subbasin 17070106--(i) Upper Klickitat River Watershed 
1707010601. Outlet(s) = Klickitat River (Lat 46.1263, Long -121.2881) 
upstream to endpoint(s) in: Cedar Creek (46.2122, -121.2042); Coyote 
Creek (46.4640, -121.1839); Cuitin Creek (46.4602, -121.1662); Diamond 
Fork (46.4794, -121.2284); Huckleberry Creek (46.4273, -121.3720); 
Klickitat River (46.4439, -121.3756); McCreedy Creek (46.3319, -
121.2529); Piscoe Creek (46.3708, -121.1436); Surveyors Creek (46.2181, 
-121.1838); Unnamed (46.4476, -121.2575); Unnamed (46.4585, -121.2565); 
West Fork Klickitat River (46.2757, -121.3267).
    (ii) Middle Klickitat River Watershed 1707010602. Outlet(s) = 
Klickitat River (Lat 45.9858, Long -121.1233) upstream to endpoint(s) 
in: Bear Creek (46.0770, -121.2262); Klickitat River (46.1263, -
121.2881); Outlet Creek (46.0178, -121.1740); Summit Creek (46.0035, -
121.0918); Trout Creek (46.1166, -121.1968); White Creek (46.1084, -
121.0730).
    (iii) Little Klickitat River Watershed 1707010603. Outlet(s) = 
Little Klickitat River (Lat 45.8452, Long -121.0625) upstream to 
endpoint(s) in: Blockhouse Creek (45.8188, -120.9813); Butler Creek 
(45.9287, -120.7005); Canyon Creek (45.8833, -121.0504); East Prong 
Little Klickitat River (45.9279, -120.6832); Mill Creek (45.8374, -
121.0001); Unnamed (45.8162, -120.9288); West Prong Little Klickitat 
River (45.9251, -120.7202).
    (iv) Lower Klickitat River Watershed 1707010604. Outlet(s) = 
Klickitat River (Lat 45.6920, Long -121.2937) upstream to endpoint(s) 
in: Dead Canyon (45.9473, -121.1734); Dillacort Canyon (45.7349, -
121.1904); Klickitat River (45.9858, -121.1233); Logging Camp Canyon 
(45.7872, -121.2260); Snyder Canyon (45.8431, -121.2152); Swale Creek 
(45.7218, -121.0475); Wheeler Canyon (45.7946, -121.1615).
    (9) Upper John Day Subbasin 17070201--(i) Middle South Fork John Day 
Watershed 1707020103. Outlet(s) = South Fork John Day River (Lat 
44.1918, Long -119.5261) upstream to endpoint(s) in: Blue Creek 
(44.2183, -119.3679); Corral Creek (44.1688, -119.3573); North Fork Deer 
Creek (44.2034, -119.3009); South Fork Deer Creek (44.1550, -119.3457); 
South Fork John Day River (44.1822, -119.5243) Unnamed (44.1824, -
119.4210); Vester Creek (44.1794, -1193872).
    (ii) Murderers Creek Watershed 1707020104. Outlet(s) = Murderers 
Creek (Lat 44.3146, Long -119.5383) upstream to endpoint(s) in: Bark 
Cabin Creek (44.2481, -119.3967); Basin Creek (44.2700, -119.1711); 
Cabin Creek (44.3420, -119.4403); Charlie Mack Creek (44.2708, -
119.2344); Crazy Creek (44.2421, -119.4282); Dans Creek (44.2500,

[[Page 651]]

-119.2774); Duncan Creek (44.3219, -119.3555); Lemon Creek (44.2528, -
119.2500); Miner Creek (44.3237, -119.2416); Orange Creek (44.2524, -
119.2613); Oregon Mine Creek (44.2816, -119.2945); South Fork Murderers 
Creek (44.2318, -119.3221); Sugar Creek (44.2914, -119.2326); Tennessee 
Creek (44.3041, -119.3029); Thorn Creek (44.3113, -119.3157); Todd Creek 
(44.3291, -119.3976); Unnamed (44.3133, -119.3533); Unnamed (44.3250, -
119.3476); White Creek (44.2747, -119.1866).
    (iii) Lower South Fork John Day Watershed 1707020105. Outlet(s) = 
South Fork John Day River (Lat 44.4740, Long -119.5344) upstream to 
endpoint(s) in: Cougar Gulch (44.2279, -119.4898); Frazier Creek 
(44.2200, -119.5745); Jackass Creek (44.3564, -119.4958); North Fork 
Wind Creek (44.3019, -119.6632); Payten Creek (44.3692, -119.6185); 
Smoky Creek (44.3893, -119.4791); South Fork Black Canyon Creek 
(44.3789, -119.7293); South Fork John Day River (44.1918, -119.5261); 
South Fork Wind Creek (44.2169, -119.6192); South Prong Creek (44.3093, 
-119.6558); Squaw Creek (44.3000, -119.6143); Unnamed (44.2306, -
119.6095); Unnamed (44.2358, -119.6013); Unnamed (44.3052, -119.6332); 
Wind Creek (44.2793, -119.6515).
    (iv) Upper John Day River Watershed 1707020106. Outlet(s) = John Day 
River (Lat 44.4534, Long -118.6711) upstream to endpoint(s) in: Bogue 
Gulch (44.3697, -118.5200); Call Creek (44.2973, -118.5169); Crescent 
Creek (44.2721, -118.5473); Dads Creek (44.5140, -118.6463); Dans Creek 
(44.4989, -118.5920); Deardorff Creek (44.3665, -118.4596); Eureka Gulch 
(44.4801, -118.5912); Graham Creek (44.3611, -118.6084); Isham Creek 
(44.4649, -118.5626); Jeff Davis Creek (44.4813, -118.6370); John Day 
River (44.2503, -118.5256); Mossy Gulch (44.4641, -118.5211); North 
Reynolds Creek (44.4525, -118.4886); Rail Creek 2 (44.3413, -
118.5017); Reynolds Creek (44.4185, -118.4507); Roberts Creek (44.3060, 
-118.5815); Thompson Creek (44.3581, -118.5395); Unnamed (44.2710, -
118.5412).
    (v) Canyon Creek Watershed 1707020107. Outlet(s) = Canyon Creek (Lat 
44.4225, Long -118.9584) upstream to endpoint(s) in: Berry Creek 
(44.3084, -118.8791); Brookling Creek (44.3042, -118.8363); Canyon Creek 
(44.2368, -118.7775); Crazy Creek 2 (44.2165, -118.7751); East 
Brookling Creek (44.3029, -118.8082); East Fork Canyon Creek (44.2865, -
118.7939); Middle Fork Canyon Creek (44.2885, -118.7500); Skin Shin 
Creek (44.3036, -118.8488); Tamarack Creek 2 (44.2965, -
118.8611); Unnamed (44.2500, -118.8298); Unnamed (44.2717, -118.7500); 
Unnamed (44.2814, -118.7620); Vance Creek (44.2929, -118.9989); Wall 
Creek (44.2543, -118.8308).
    (vi) Strawberry Creek Watershed 1707020108. Outlet(s) = John Day 
River (Lat 44.4225, Long -118.9584) upstream to endpoint(s) in: Bear 
Creek (44.5434, -118.7508); Dixie Creek (44.5814, -118.7257); Dog Creek 
(44.3635, -118.8890); Grub Creek (44.5189, -118.8050); Hall Creek 
(44.5479, -118.7894); Indian Creek 3 (44.3092, -118.7438); John 
Day River (44.4534, -118.6711); Little Pine Creek (44.3771, -118.9103); 
Onion Creek (44.3151, -118.6972); Overholt Creek (44.3385, -118.7196); 
Pine Creek (44.3468, -118.8345); Slide Creek (44.2988, -118.6583); 
Standard Creek (44.5648, -118.6468); Strawberry Creek (44.3128, -
118.6772); West Fork Little Indian Creek (44.3632, -118.7918).
    (vii) Beech Creek Watershed 1707020109. Outlet(s) = Beech Creek (Lat 
44.4116, Long -119.1151) upstream to endpoint(s) in: Bear Creek 
(44.5268, -119.1002); Beech Creek (44.5682, -119.1170); Clear Creek 
(44.5522, -118.9942); Cottonwood Creek (44.5758, -119.0694); East Fork 
Beech Creek (44.5248, -118.9023); Ennis Creek (44.5409, -119.0207); Hog 
Creek (44.5484, -119.0379); Little Beech Creek (44.4676, -118.9733); 
McClellan Creek 2 (44.5570, -118.9490); Tinker Creek (44.5550, 
-118.8892); Unnamed (44.5349, -119.0827).
    (viii) Laycock Creek Watershed 1707020110. Outlet(s) = John Day 
River (Lat 44.4155, Long -119.2230) upstream to endpoint(s) in: Birch 
Creek 2 (44.4353, -119.2148); East Fork Dry Creek (44.4896, -
119.1817); Fall Creek 2 (44.3551, -119.0420); Hanscombe Creek 
(44.3040, -119.0513); Harper Creek (44.3485, -119.1259); Ingle Creek 
(44.3154, -119.1153); John Day River (44.4225, -118.9584); Laycock Creek 
(44.3118, -119.0842); McClellan Creek (44.3510, -119.2004); Moon Creek 
(44.3483, -119.2389); Riley Creek (44.3450, -119.1664).
    (ix) Fields Creek Watershed 1707020111. Outlet(s) = John Day River 
(Lat 44.4740,

[[Page 652]]

Long -119.5344) upstream to endpoint(s) in: Belshaw Creek (44.5460, -
119.2025); Bridge Creek (44.4062, -119.4180); Buck Cabin Creek (44.3412, 
-119.3313); Cummings Creek (44.5043, -119.3250); Fields Creek (44.3260, 
-119.2828); Flat Creek (44.3930, -119.4386); John Day River (44.4155, -
119.2230); Marks Creek (44.5162, -119.3886); Wickiup Creek (44.3713, -
119.3239); Widows Creek (44.3752, -119.3819); Wiley Creek (44.4752, -
119.3784).
    (x) Upper Middle John Day Watershed 1707020112. Outlet(s) = John Day 
River (Lat 44.5289, Long -119.6320) upstream to endpoint(s) in: Back 
Creek (44.4164, -119.6858); Battle Creek (44.4658, -119.5863); 
Cottonwood Creek (44.3863, -119.7376); Cougar Creek (44.4031, -
119.7056); East Fork Cottonwood Creek (44.3846, -119.6177); Ferris Creek 
(44.5446, -119.5250); Franks Creek (44.5067, -119.4903); John Day River 
(44.4740, -119.5344); Rattlesnake Creek (44.4673, -119.6953); Unnamed 
(44.3827, -119.6479); Unnamed (44.3961, -119.7403); Unnamed (44.4082, -
119.6916).
    (xi) Mountain Creek Watershed 1707020113. Outlet(s) = Mountain Creek 
(Lat 44.5214, Long -119.7138) upstream to endpoint(s) in: Badger Creek 
(44.4491, -120.1186); Fopiano Creek (44.5899, -119.9429); Fort Creek 
(44.4656, -119.9253); Fry Creek (44.4647, -119.9940); Keeton Creek 
(44.4632, -120.0195); Mac Creek (44.4739, -119.9359); Milk Creek 
(44.4649, -120.1526); Unnamed (44.4700, -119.9427); Unnamed (44.4703, -
120.0328); Unnamed (44.4703, -120.0597); Unnamed (44.4827, -119.8970); 
Willow Creek (44.6027, -119.8746).
    (xii) Rock Creek Watershed 1707020114. Outlet(s) = Rock Creek (Lat 
44.5289, Long -119.6320) upstream to endpoint(s) in: Baldy Creek 
(44.3906, -119.7651); Bear Creek (44.3676, -119.8401); Fir Tree Creek 
(44.3902, -119.7893); First Creek (44.4086, -119.8120); Fred Creek 
(44.4602, -119.8549); Little Windy Creek (44.3751, -119.7595); Pine 
Hollow 2 (44.5007, -119.8559); Rock Creek (44.3509, -119.7636); 
Second Creek (44.3984, -119.8075); Unnamed (44.4000, -119.8501); Unnamed 
(44.4232, -119.7271); West Fork Birch Creek (44.4365, -119.7500).
    (xiii) John Day River/Johnson Creek Watershed 1707020115. Outlet(s) 
= John Day River (Lat 44.7554, Long -119.6382) upstream to endpoint(s) 
in: Buckhorn Creek (44.6137, -119.7382); Burnt Corral Creek (44.6987, -
119.5733); Frank Creek (44.6262, -119.7177); Indian Creek (44.5925, -
119.7636); John Day River (44.5289, -119.6320); Johnny Creek (44.6126, -
119.5534); Johnson Creek (44.6766, -119.7363).
    (10) North Fork John Day Subbasin 17070202--(i) Upper North Fork 
John Day River Watershed 1707020201. Outlet(s) = North Fork John Day 
River (Lat 44.8661, Long -118.5605) upstream to endpoint(s) in: Baldy 
Creek (44.8687, -118.3172); Bear Gulch (44.8978, -118.5400); Bull Creek 
(44.8790, -118.2753); Crane Creek (44.8715, -118.3539); Crawfish Creek 
(44.9424, -118.2608); Cunningham Creek (44.9172, -118.2478); Davis Creek 
(44.9645, -118.4156); First Gulch (44.8831, -118.5588); Hoodoo Creek 
(44.9763, -118.3673); Long Meadow Creek (44.9490, -118.2932); McCarty 
Gulch (44.9131, -118.5114); Middle Trail Creek (44.9513, -118.3185); 
North Fork John Day River (44.8691, -118.2392); North Trail Creek 
(44.9675, -118.3219); South Trail Creek (44.9434, -118.2930); Trout 
Creek (44.9666, -118.4656); Unnamed (44.8576, -118.3169); Unnamed 
(44.8845, -118.3421); Unnamed (44.9221, -118.5000); Unnamed (44.9405, -
118.4093); Unnamed (44.9471, -118.4797); Wagner Gulch (44.9390, -
118.5148).
    (ii) Granite Creek Watershed 1707020202. Outlet(s) = Granite Creek 
(Lat 44.8661, Long -118.5605) upstream to endpoint(s) in: Beaver Creek 
(44.7425, -118.3940); Boulder Creek (44.8368, -118.3631); Boundary Creek 
(44.8106, -118.3420); Bull Run Creek (44.7534, -118.3154); Corral Creek 
2 (44.8186, -118.3565); Deep Creek 2 (44.8017, -
118.3200); East Ten Cent Creek (44.8584, -118.4253); Granite Creek 
(44.8578, -118.3736); Lake Creek (44.7875, -118.5929); Lick Creek 
(44.8503, -118.5065); Lightning Creek (44.7256, -118.5011); Lost Creek 
(44.7620, -118.5822); North Fork Ruby Creek (44.7898, -118.5073); Olive 
Creek (44.7191, -118.4677); Rabbit Creek (44.7819, -118.5616); Ruby 
Creek (44.7797, -118.5237); South Fork Beaver Creek (44.7432, -
118.4272); Squaw Creek 5 (44.8552, -118.4705); Unnamed 
(44.8427, -118.4233); West Fork Clear Creek (44.7490, -118.5440); West 
Ten Cent Creek (44.8709, -118.4377); Wolesy Creek (44.7687, -118.5540).

[[Page 653]]

    (iii) North Fork John Day River/Big Creek Watershed 1707020203. 
Outlet(s) = North Fork John Day River (Lat 44.9976, Long -118.9444) 
upstream to endpoint(s) in: Backout Creek (44.8560, -118.6289); Basin 
Creek (44.9081, -118.6671); Big Creek (45.0115, -118.6041); Bismark 
Creek (44.9548, -118.7020); Corral Creek (44.9592, -118.6368); Cougar 
Creek (44.9288, -118.6653); Meadow Creek (44.9856, -118.4664); North 
Fork John Day River (44.8661, -118.5605); Oregon Gulch (44.8694, -
118.6119); Oriental Creek (45.0000, -118.7255); Otter Creek (44.9634, -
118.7567); Paradise Creek (44.9168, -118.5850); Raspberry Creek 
(44.9638, -118.7356); Ryder Creek (44.9341, -118.5943); Silver Creek 
(44.9077, -118.5580); Simpson Creek (44.9383, -118.6794); South Fork 
Meadow Creek (44.9303, -118.5481); South Martin Creek (44.9479, -
118.5281); Trough Creek (44.9960, -118.8499); Unnamed (44.8594, -
118.6432); Unnamed (44.9073, -118.5690); Unnamed (45.0031, -118.7060); 
Unnamed (45.0267, -118.7635); Unnamed (45.0413, -118.8089); White Creek 
(45.0000, -118.5617); Winom Creek (44.9822, -118.6766).
    (iv) Desolation Creek Watershed 1707020204. Outlet(s) = Desolation 
Creek (Lat 44.9977, Long -118.9352) upstream to endpoint(s) in: Battle 
Creek (44.8895, -118.7010); Beeman Creek (44.8230, -118.7498); Bruin 
Creek (44.8936, -118.7600); Howard Creek (44.8513, -118.7004); Junkens 
Creek (44.8482, -118.7994); Kelsay Creek (44.9203, -118.6899); Little 
Kelsay Creek (44.9127, -118.7124); North Fork Desolation Creek (44.7791, 
-118.6231); Park Creek (44.9109, -118.7839); Peep Creek (44.9488, -
118.8069); South Fork Desolation Creek (44.7890, -118.6732); Sponge 
Creek (44.8577, -118.7165); Starveout Creek (44.8994, -118.8220); 
Unnamed (44.8709, -118.7130); Unnamed (44.9058, -118.7689); Unnamed 
(44.9163, -118.8384); Unnamed (44.9203, -118.8315); Unnamed (44.9521, -
118.8141); Unnamed (44.9735, -118.8707).
    (v) Upper Camas Creek Watershed 1707020205. Outlet(s) = Camas Creek 
(Lat 45.1576, Long -118.8411) upstream to endpoint(s) in: Bear Wallow 
Creek (45.2501, -118.7502); Bowman Creek (45.2281, -118.7028); 
Butcherknife Creek (45.1495, -118.6913); Camas Creek (45.1751, -
118.5548); Dry Camas Creek (45.1582, -118.5846); Frazier Creek (45.1196, 
-118.6152); Hidaway Creek (45.0807, -118.5788); Lane Creek (45.2429, -
118.7749); Line Creek (45.1067, -118.6562); North Fork Cable Creek 
(45.0535, -118.6569); Rancheria Creek (45.2144, -118.6552); Salsbury 
Creek (45.2022, -118.6206); South Fork Cable Creek (45.0077, -118.6942); 
Unnamed (45.0508, -118.6536); Unnamed (45.0579, -118.6705); Unnamed 
(45.0636, -118.6198); Unnamed (45.0638, -118.5908); Unnamed (45.0823, -
118.6579); Unnamed (45.1369, -118.6771); Unnamed (45.1513, -118.5966); 
Unnamed (45.1854, -118.6842); Unnamed (45.1891, -118.6110); Unnamed 
(45.2429, -118.7575); Warm Spring Creek (45.1386, -118.6561).
    (vi) Lower Camas Creek Watershed 1707020206. Outlet(s) = Camas Creek 
(Lat 45.0101, Long -118.9950) upstream to endpoint(s) in: Bridge Creek 
(45.0395, -118.8633); Camas Creek (45.1576, -118.8411); Cooper Creek 
(45.2133, -118.9881); Deerlick Creek (45.1489, -119.0229); Dry Fivemile 
Creek (45.1313, -119.0898); Fivemile Creek (45.1804, -119.2259); Middle 
Fork Wilkins Creek (45.1193, -119.0439); North Fork Owens Creek 
(45.1872, -118.9705); Owens Creek (45.2562, -118.8305); Silver Creek 
(45.1066, -119.1268); Snipe Creek (45.2502, -118.9707); South Fork 
Wilkins Creek (45.1078, -119.0312); Sugarbowl Creek (45.1986, -
119.0999); Taylor Creek (45.1482, -119.1820); Tribble Creek (45.1713, -
119.1617); Unnamed (45.0797, -118.7878); Unnamed (45.1198, -118.8514); 
Unnamed (45.1993, -118.9062); Unnamed (45.2000, -118.8236); Unnamed 
(45.2141, -118.8079); Unnamed (45.1773, -119.0753); Unnamed (45.2062, -
119.0717); Wilkins Creek (45.1239, -119.0094).
    (vii) North Fork John Day River/Potamus Creek Watershed 1707020207. 
Outlet(s) = North Fork John Day River (Lat 44.8832. Long -119.4090) 
upstream to endpoint(s) in: Buckaroo Creek (45.0245, -119.1187); Butcher 
Bill Creek (45.1290, -119.3197); Cabin Creek (44.9650, -119.3628); Deep 
Creek (45.0977, -119.2021); Deerhorn Creek (45.0513, -119.0542); Ditch 
Creek (45.1584, -119.3153); East Fork Meadow Brook Creek (44.9634, -
118.9575); Ellis Creek (45.1197, -119.2167); Graves Creek (44.9927, -
119.3171); Hinton Creek (44.9650, -119.0025); Hunter Creek (45.0114, -
119.0896); Jericho Creek (45.0361, -119.0829); Little Potamus Creek 
(45.0462, -119.2579); Mallory Creek

[[Page 654]]

(45.1030, -119.3112); Martin Creek (45.1217, -119.3538); Matlock Creek 
(45.0762, -119.1837); No Name Creek (45.0730, -119.1459); North Fork 
John Day River (44.9976, -118.9444); Pole Creek (45.1666, -119.2533); 
Rush Creek (45.0498, -119.1219); Skull Creek (44.9726, -119.2035); Smith 
Creek (44.9443, -118.9687); Stalder Creek (45.0655, -119.2844); Stony 
Creek (45.0424, -119.1489); West Fork Meadow Brook (44.9428, -119.0319); 
Wickiup Creek (45.0256, -119.2776); Wilson Creek (45.1372, -119.2673).
    (viii) Wall Creek Watershed 1707020208. Outlet(s) = Big Wall Creek 
(Lat 44.8832, Long -119.4090) upstream to endpoint(s) in: Alder Creek 
(45.1049, -119.4170); Bacon Creek (45.0137, -119.4800); Bear Creek 
(45.0551, -119.4170); Big Wall Creek (44.9369, -119.6055); Bull Prairie 
Creek (44.9753, -119.6604); Colvin Creek (44.9835, -119.6911); East Fork 
Alder Creek (45.1028, -119.3929); East Fork Indian Creek (44.9009, -
119.4918); Happy Jack Creek (44.8997, -119.5730); Hog Creek (45.0507, -
119.4821); Indian Creek (44.8810, -119.5260); Johnson Creek (45.0097, -
119.6282); Little Bear Creek (45.0433, -119.4084); Little Wall Creek 
(45.0271, -119.5235); Little Wilson Creek (44.8979, -119.5531); Lovlett 
Creek (44.9675, -119.5105); Skookum Creek (45.0894, -119.4725); South 
Fork Big Wall Creek (44.9315, -119.6167); Swale Creek (45.1162, -
119.3836); Three Trough Creek (44.9927, -119.5318); Two Spring Creek 
(45.0251, -119.3938); Unnamed (44.9000, -119.6213); Unnamed (44.9830, -
119.7364); Unnamed (44.9883, -119.7248); Unnamed (45.0922, -119.4374); 
Unnamed (45.1079, -119.4359); Willow Spring Creek (44.9467, -119.5921); 
Wilson Creek (44.9861, -119.6623).
    (ix) Cottonwood Creek Watershed 1707020209. Outlet(s) = Cottonwood 
Creek (Lat 44.8141, Long -119.4183) upstream to endpoint(s) in: BecK 
Creek (44.5795, -119.2664); Board Creek (44.5841, -119.3763); Boulder 
Creek (44.5876, -119.3006); Camp Creek 3 (44.6606, -119.3283); 
Cougar Creek 2 (44.6230, -119.4133); Day Creek (44.5946, -
119.0235); Donaldson Creek (44.5919, -119.3480); Dunning Creek (44.6416, 
-119.0628); Fox Creek (44.6163, -119.0078); Indian Creek 3 
(44.6794, -119.2196); McHaley Creek (44.5845, -119.2234); Mill Creek 
(44.6080, -119.0878); Mine Creek (44.5938, -119.1756); Murphy Creek 
(44.6062, -119.1114); Smith Creek (44.6627, -119.0808); Squaw Creek 
3 (44.5715, -119.4069); Unnamed (44.6176, -119.0806).
    (x) Lower North Fork John Day River Watershed 1707020210. Outlet(s) 
= North Fork John Day River (Lat 44.7554, Long -119.6382) upstream to 
endpoint(s) in: East Fork Deer Creek (44.7033, -119.2753); Gilmore Creek 
(44.6744, -119.4875); North Fork John Day River (44.8832, -119.4090); 
Rudio Creek (44.6254, -119.5026); Straight Creek (44.6759, -119.4687); 
West Fork Deer Creek (44.6985, -119.3372).
    (11) Middle Fork John Day Subbasin 17070203--(i) Upper Middle Fork 
John Day River Watershed 1707020301. Outlet(s) = Middle Fork John Day 
River (Lat 44.5946, Long -118.5163) upstream to endpoint(s) in: Bridge 
Creek (44.5326, -118.5746); Clear Creek (44.4692, -118.4615); Crawford 
Creek (44.6381, -118.3887); Dry Fork Clear Creek (44.5339, -118.4484); 
Fly Creek (44.6108, -118.3810); Idaho Creek (44.6113, -118.3856); Middle 
Fork John Day River (44.5847, -118.4286); Mill Creek (44.6106, -
118.4809); North Fork Bridge Creek (44.5479, -118.5663); North Fork 
Summit Creek (44.5878, -118.3560); Squaw Creek (44.5303, -118.4089); 
Summit Creek (44.5831, -118.3585).
    (ii) Camp Creek Watershed 1707020302. Outlet(s) = Middle Fork John 
Day River (Lat 44.6934, Long -118.7947) upstream to endpoint(s) in: 
Badger Creek (44.7102, -118.6738); Balance Creek (44.6756, -118.7661); 
Beaver Creek (44.6918, -118.6467); Bennett Creek (44.6095, -118.6432); 
Big Boulder Creek (44.7332, -118.6889); Blue Gulch (44.6952, -118.5220); 
Butte Creek (44.5913, -118.6481); Camp Creek (44.5692, -118.8041); 
Caribou Creek (44.6581, -118.5543); Charlie Creek (44.5829, -118.8277); 
Cottonwood Creek (44.6616, -118.8919); Cougar Creek (44.6014, -
118.8261); Coxie Creek (44.5596, -118.8457); Coyote Creek (44.7040, -
118.7436); Davis Creek (44.5720, -118.6026); Deerhorn Creek (44.5984, -
118.5879); Dry Creek (44.6722, -118.6962); Eagle Creek (44.5715, -
118.8269); Granite Boulder Creek (44.6860, -118.6039); Lemon Creek 
(44.6933, -118.6169); Lick Creek (44.6102, -118.7504); Little Boulder 
Creek (44.6661, -118.5807); Little Butte Creek (44.6093, -118.6188); 
Middle Fork

[[Page 655]]

John Day River (44.5946, -118.5163); Myrtle Creek (44.7336, -118.7187); 
Placer Gulch (44.5670, -118.5593); Ragged Creek (44.6366, -118.7048); 
Ruby Creek (44.6050, -118.6897); Sulphur Creek (44.6119, -118.6672); 
Sunshine Creek (44.6424, -118.7437); Tincup Creek (44.6489, -118.6320); 
Trail Creek (44.6249, -118.8469); Unnamed (44.5535, -118.8139); Unnamed 
(44.5697, -118.5975); Unnamed (44.6041, -118.6051); Unnamed (44.6471, -
118.6869); Unnamed (44.6559, -118.5777); Vincent Creek (44.6663, -
118.5345); Vinegar Creek (44.6861, -118.5378); West Fork Lick Creek 
(44.6021, -118.7891); Whiskey Creek (44.6776, -118.8659); Windlass Creek 
(44.6653, -118.6030); Wray Creek (44.6978, -118.6588).
    (iii) Big Creek Watershed 1707020303. Outlet(s) = Middle Fork John 
Day River (Lat 44.8363, Long -119.0306) upstream to endpoint(s) in: 
Barnes Creek (44.8911, -118.9974); Bear Creek (44.7068, -118.8742); Big 
Creek (44.7726, -118.6831); Deadwood Creek (44.7645, -118.7499); Deep 
Creek (44.7448, -118.7591); East Fork Big Creek (44.7923, -118.7783); 
Elk Creek (44.7167, -118.7721); Granite Creek (44.8893, -119.0103); 
Huckleberry Creek (44.8045, -118.8605); Indian Creek (44.8037, -
118.7498); Lick Creek (44.8302, -118.9613); Little Indian Creek 
(44.8743, -118.8862); Lost Creek (44.7906, -118.7970); Middle Fork John 
Day River (44.6934, -118.7947); Mosquito Creek (44.7504, -118.8021); 
North Fork Elk Creek (44.7281, -118.7624); Onion Gulch (44.7622, -
118.7846); Pizer Creek (44.7805, -118.8102); Slide Creek (44.6950, -
118.9124); Swamp Gulch (44.7606, -118.7641); Unnamed (44.8249, -
118.8718); Unnamed (44.8594, -118.9018).
    (iv) Long Creek Watershed 1707020304. Outlet(s) = Long Creek (Lat 
44.8878, Long -119.2338) upstream to endpoint(s) in: Basin Creek 
(44.7458, -119.2452); Everett Creek (44.7106, -119.1063); Jonas Creek 
(44.6307, -118.9118); Long Creek (44.6076, -118.9402); Pass Creek 
(44.7681, -119.0414); Paul Creek (44.7243, -119.1304); Pine Creek 
(44.8125, -119.0859); South Fork Long Creek (44.6360, -118.9756).
    (v) Lower Middle Fork John Day River Watershed 1707020305. Outlet(s) 
= Middle Fork John Day River (Lat 44.9168, Long -119.3004) upstream to 
endpoint(s) in: Middle Fork John Day River (44.8363, -119.0306).
    (12) Lower John Day Subbasin 17070204--(i) Lower John Day River/
Kahler Creek 1707020401. Outlet(s) = John Day River (Lat 44.8080, Long -
119.9585) upstream to endpoint(s) in: Alder Creek (44.9575, -119.8621); 
Camp Creek (44.9005, -119.9505); East Bologna Canyon (44.8484, -
119.5842); Henry Creek (44.9609, -119.7683); Horseshoe Creek (44.7076, -
119.9465); John Day River (44.7554, -119.6382); Kahler Creek (44.9109, -
119.7030); Lake Creek (44.9012, -119.9806); Left Hand Creek (44.7693, -
119.7613); Parrish Creek (44.7207, -119.8369); Tamarack Butte 2 
(44.6867, -119.7898); Tamarack Creek (44.9107, -119.7026); Unnamed 
(44.9334, -119.9164); Unnamed (44.9385, -119.9088); Unnamed (44.9451, -
119.8932); Unnamed (44.9491, -119.8696); Unnamed (44.9546, -119.8739); 
Unnamed (44.9557, -119.7561); West Bologna Canyon (44.8338, -119.6422); 
Wheeler Creek (44.9483, -119.8447); William Creek (44.7458, -119.9027).
    (ii) Lower John Day River/Service Creek Watershed 1707020402. 
Outlet(s) = John Day River (Lat 44.7368, Long -120.3054) upstream to 
endpoint(s) in: Big Service Creek (44.9286, -120.0428); Girds Creek 
(44.6681, -120.1234); John Day River (44.8080, -119.9585); Rowe Creek 
(44.8043, -120.1751); Service Creek (44.8951, -120.0892); Shoofly Creek 
(44.6510, -120.0207).
    (iii) Bridge Creek Watershed 1707020403. Outlet(s) = Bridge Creek 
(Lat 44.7368, Long -120.3054) upstream to endpoint(s) in: Bear Creek 
(44.5585, -120.4198); Bridge Creek (44.4721, -120.2009); Carroll Creek 
(44.5460, -120.3322); Dodds Creek (44.5329, -120.3867); Gable Creek 
(44.5186, -120.2384); Johnson Creek 2 (44.5193, -120.0949); 
Slide Creek (44.4956, -120.3023); Thompson Creek (44.5270, -120.2489); 
West Branch Bridge Creek (44.4911, -120.3098).
    (iv) Lower John Day River/Muddy Creek Watershed 1707020404. 
Outlet(s) = John Day River (Lat 44.9062, Long -120.4460) upstream to 
endpoint(s) in: Cherry Creek (44.6344, -120.4543); Clubfoot Hollow 
(44.8865, -120.1929); Cove Creek (44.9299, -120.3791); Dry Creek 
(44.6771, -120.5367); John Day River (44.7368, -120.3054); Little Muddy 
Creek (44.7371, -120.5575); Muddy Creek (44.7491, -120.5071); Pine Creek 
(44.8931, -120.1797); Robinson Canyon (44.8807,

[[Page 656]]

-120.2678); Steers Canyon (44.9247, -120.2013).
    (v) Lower John Day River/Clarno Watershed 1707020405. Outlet(s) = 
John Day River (Lat 45.1626, Long -120.4681) upstream to endpoint(s) in: 
Pine Creek (44.9062, -120.4460); Sorefoot Creek (44.9428, -120.5481).
    (vi) Butte Creek Watershed 1707020406. Outlet(s) = Butte Creek (Lat 
45.0574, Long -120.4831) upstream to endpoint(s) in: Butte Creek 
(44.9266, -120.1142); Cottonwood Creek (44.9816, -120.2136); Deep Creek 
(45.0166, -120.4165); Hunt Canyon (45.1050, -120.2838); Straw Fork 
(44.9536, -120.1024); Unnamed (45.0952, -120.2928); West Fork Butte 
Creek (44.9883, -120.3332).
    (vii) Pine Hollow Watershed 1707020407. Outlet(s) = Pine Hollow (Lat 
45.1531, Long -120.4757) upstream to endpoint(s) in: Big Pine Hollow 
(44.9968, -120.7342); Brush Canyon (45.0255, -120.6329); Eakin Canyon 
(45.1608, -120.5863); Hannafin Canyon (45.1522, -120.6158); Long Hollow 
Creek (44.9922, -120.5565); West Little Pine Hollow (44.9921, -
120.7324).
    (viii) Thirtymile Creek Watershed 1707020408. Outlet(s) = Thirtymile 
Creek (Lat 45.1626, Long -120.4681) upstream to endpoint(s) in: Condon 
Canyon (45.1870, -120.1829); Dry Fork Thirtymile Creek (45.1858, -
120.1338); East Fork Thirtymile Creek (45.1575, -120.0556); Lost Valley 
Creek (45.1062, -119.9916); Patill Canyon (45.1252, -120.1870); 
Thirtymile Creek (44.9852, -120.0375); Unnamed (44.9753, -120.0469); 
Wehrli Canyon (45.1539, -120.2137).
    (ix) Lower John Day River/Ferry Canyon Watershed 1707020409. 
Outlet(s) = John Day River (Lat 45.3801, Long -120.5117) upstream to 
endpoint(s) in: Ferry Canyon (45.3424, -120.4388); Jackknife Creek 
(45.2490, -120.6106); John Day River (45.1626, -120.4681); Lamberson 
Canyon (45.3099, -120.4147); Little Ferry Canyon (45.3827, -120.5913).
    (x) Lower John Day River/Scott Canyon Watershed 1707020410. 
Outlet(s) = John Day River (Lat 45.5769, Long -120.4041) upstream to 
endpoint(s) in: Cottonwood Canyon (45.4143, -120.4490); Cottonwood 
Canyon (45.4898, -120.5118); Dry Fork Hay Creek (45.3093, -120.1612); 
John Day River (45.3801, -120.5117); Scott Canyon (45.4124, -120.1957); 
Unnamed (45.3407, -120.2299).
    (xi) Upper Rock Creek Watershed 1707020411. Outlet(s) = Rock Creek 
(Lat 45.2190, Long -119.9597) upstream to endpoint(s) in: Allen Canyon 
(45.1092, -119.5976); Allen Spring Canyon (45.0471, -119.6468); Board 
Creek (45.1120, -119.5390); Brown Creek (45.0365, -119.8296); Buckhorn 
Creek (45.0272, -119.9186); Chapin Creek (45.0538, -119.6727); Davidson 
Canyon (45.0515, -119.5952); Hahn Canyon (45.1491, -119.8320); Harris 
Canyon (45.0762, -119.5856); Hollywood Creek (45.0964, -119.5174); 
Indian Creek (45.0481, -119.6476); John Z Canyon (45.0829, -119.6058); 
Juniper Creek (45.0504, -119.7730); Middle Fork Rock Creek (45.0818, -
119.7404); Rock Creek (45.0361, -119.5989); Stahl Canyon (45.0071, -
119.8683); Tree Root Canyon (45.0626, -119.6314); Tupper Creek (45.0903, 
-119.4999); Unnamed (45.0293, -119.5907); Unnamed (45.0698, -119.5329); 
Unnamed (45.0714, -119.5227); West Fork Juniper Creek (45.0192, -
119.7786).
    (xii) Lower Rock Creek Watershed 1707020412. Outlet(s) = Rock Creek 
(Lat 45.5769, Long -120.4041) upstream to endpoint(s) in: Dry Creek 
(45.3238, -119.9709); Rock Creek (45.2190, -119.9597); Sixmile Canyon 
(45.2448, -120.0283); South Fork Rock Creek (45.2770, -120.1232).
    (xiii) Grass Valley Canyon Watershed 1707020413. Outlet(s) = Grass 
Valley Canyon (Lat 45.5974, Long -120.4232) upstream to endpoint(s) in: 
Grass Valley Canyon (45.4071, -120.7226); Hay Canyon (45.5104, -
120.6085); Rosebush Creek (45.3395, -120.7159).
    (xiv) Lower John Day River/McDonald Ferry Watershed 1707020414. 
Outlet(s) = John Day River (Lat 45.7389, Long -120.6520) upstream to 
endpoint(s) in: John Day River (45.5769, -120.4041).
    (13) Lower Deschutes Subbasin 17070306--(i) Upper Deschutes River 
Watershed 1707030603. Outlet(s) = Deschutes River (Lat 44.8579, Long -
121.0668) upstream to endpoint(s) in: Deschutes River (44.7243, -
121.2465); Shitike Creek (44.7655, -121.5835); Unnamed (44.7934, -
121.3715).
    (ii) Mill Creek Watershed 1707030604. Outlet(s) = Mill Creek (Lat 
44.8792, Long -121.3711) upstream to endpoint(s) in: Boulder Creek 
(44.8261, -121.4924); Mill Creek (44.8343, -121.6737); Unnamed (44.8330, 
-121.6756).

[[Page 657]]

    (iii) Beaver Creek Watershed 1707030605. Outlet(s) = Beaver Creek 
(Lat 44.8730, Long -121.3405) upstream to endpoint(s) in: Beaver Butte 
Creek (45.0786, -121.5746); Beaver Creek (45.1306, -121.6468); Indian 
Creek (45.0835, -121.5113).
    (iv) Warm Springs River Watershed 1707030606. Outlet(s) = Warm 
Springs River (Lat 44.8579, Long -121.0668) upstream to endpoint(s) in: 
Badger Creek 2 (44.9352, -121.5569); South Fork Warm Springs 
River (44.9268, -121.6995); Warm Springs River (44.9812, -121.7976).
    (v) Middle Deschutes River Watershed 1707030607. Outlet(s) = 
Deschutes River (Lat 45.2642, Long -121.0232) upstream to endpoint(s) 
in: Cove Creek (44.9673, -121.0430); Deschutes River (44.8579, -
121.0668); Eagle Creek (44.9999, -121.1688); Nena Creek (45.1030, -
121.1653); Oak Creek (44.9336, -121.0981); Paquet Gulch (45.0676, -
121.2911); Skookum Creek (44.9171, -121.1251); Stag Canyon (45.1249, -
121.0563); Unnamed (45.0186, -121.0464); Unnamed (45.0930, -121.1511); 
Wapinitia Creek (45.1177, -121.3025).
    (vi) Bakeoven Creek Watershed 1707030608. Outlet(s) = Bakeoven Creek 
(Lat 45.1748, Long -121.0728) upstream to endpoint(s) in: Bakeoven Creek 
(45.1261, -120.9398); Booten Creek (45.1434, -121.0131); Cottonwood 
Creek (45.0036, -120.8720); Deep Creek (44.9723, -120.9480); Robin Creek 
(45.1209, -120.9652); Trail Hollow Creek (45.1481, -121.0423).
    (vii) Buck Hollow Creek Watershed 1707030611. Outlet(s) = Buck 
Hollow Creek (Lat 45.2642, Long -121.0232) upstream to endpoint(s) in: 
Buck Hollow Creek (45.0663, -120.7095); Finnegan Creek (45.2231, -
120.8472); Macken Canyon (45.1093, -120.7011); Thorn Hollow (45.0450, -
120.7386).
    (viii) Lower Deschutes River Watershed 1707030612. Outlet(s) = 
Deschutes River (Lat 45.6426, Long -120.9142) upstream to endpoint(s) 
in: Bull Run Canyon (45.4480, -120.8655); Deschutes River (45.2642, -
121.0232); Fall Canyon (45.5222, -120.8538); Ferry Canyon (45.3854, -
120.9373); Jones Canyon (45.3011, -120.9404); Macks Canyon (45.3659, -
120.8524); Oak Canyon (45.3460, -120.9960); Sixteen Canyon (45.4050, -
120.8529).
    (14) Trout Subbasin 17070307--(i) Upper Trout Creek Watershed 
1707030701. Outlet(s) = Trout Creek (Lat 44.8229, Long -120.9193) 
upstream to endpoint(s) in: Amity Creek (44.6447, -120.5854); Auger 
Creek (44.5539, -120.5381); Beaver Creek (44.6390, -120.7034); Big Log 
Creek (44.5436, -120.6997); Big Whetstone Creek (44.6761, -120.7645); 
Board Hollow (44.6064, -120.7405); Cartwright Creek (44.5404, -
120.6535); Clover Creek (44.6523, -120.7358); Dutchman Creek (44.5320, -
120.6704); Foley Creek (44.5861, -120.6801); Little Trout Creek 
(44.7816, -120.7237); Opal Creek (44.5792, -120.5446); Potlid Creek 
(44.5366, -120.6207); Trout Creek (44.5286, -120.5805); Tub Springs 
Canyon (44.8155, -120.7888); Unnamed (44.5428, -120.5848); Unnamed 
(44.6043, -120.7403); Unnamed (44.6510, -120.7337).
    (ii) Antelope Creek Watershed 1707030702. Antelope Creek (Lat 
44.8229, Long -120.9193) upstream to endpoint(s) in: Antelope Creek 
(44.8564, -120.8574); Boot Creek (44.9086, -120.8864); Pole Creek 
(44.9023, -120.9108); Ward Creek (44.9513, -120.8341).
    (iii) Lower Trout Creek Watershed 1707030705. Outlet(s) = Trout 
Creek (Lat 44.8214, Long -121.0876) upstream to endpoint(s) in: Brocher 
Creek (44.8357, -121.0330); Hay Creek (44.7824, -120.9652); Trout Creek 
(44.8229, -120.9193).
    (15) Upper Columbia/Priest Rapids Subbasin 17020016--Columbia River/
Zintel Canyon Watershed 1702001606. Outlet(s) = Columbia River (Lat 
46.1776, Long -119.0183) upstream to endpoint(s) in: Columbia River 
(46.2534, -119.2268).
    (16) Columbia River Corridor--Columbia River Corridor Outlet(s) = 
Columbia River (Lat 46.2485, Long -124.0782) upstream to endpoint(s) in: 
Columbia River (45.7070, -121.7943).
    (17) Maps of critical habitat for the Middle Columbia River 
Steelhead ESU follow:

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    (s) Lower Columbia River Steelhead (Oncorhynchus mykiss). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Middle Columbia/Hood Subbasin 17070105--(i) East Fork Hood River 
Watershed 1707010506. Outlet(s) = Hood River (Lat 45.6050, Long -
121.6323) upstream to endpoint(s) in: Baldwin Creek (45.5618, -
121.5585); Bear Creek (45.4894, -121.6516); Cat Creek (45.4708, -
121.5591); Clark Creek (45.3335, -121.6420); Coe Branch (45.4342, -
121.6673); Cold Spring Creek (45.4020, -121.5873);Culvert Creek

[[Page 675]]

(45.3770, -121.5660); Dog River (45.4404, -121.5623); East Fork Hood 
River (45.3172, -121.6390); Eliot Branch, Middle Fork Hood River 
(45.4534, -121.6362); Emil Creek (45.5223, -121.5886); Evans Creek 
(45.4872, -121.5894); Graham Creek (45.5463, -121.5639); Meadows Creek 
(45.3195, -121.6279); Newton Creek (45.3370, -121.6261); Pinnacle Creek 
(45.4595, -121.6568); Pocket Creek (45.3025, -121.5969); Polallie Creek 
(45.4132, -121.5826); Tony Creek (45.5254, -121.6584); Unnamed (45.3470, 
-121.5843); Unnamed (45.4661, -121.5627); Unnamed (45.5208, -121.6198); 
Unnamed (45.5445, -121.5738).
    (ii) West Fork Hood River Watershed 1707010507. Outlet(s) = West 
Fork Hood River (Lat 45.6050, Long -121.6323) upstream to endpoint(s) 
in: Divers Creek (45.5457, -121.7447); Elk Creek (45.4294, -121.7884); 
Green Point Creek (45.5915, -121.6981); Indian Creek (45.5375, -
121.7857); Jones Creek (45.4673, -121.8020); Lake Branch (45.5083, -
121.8485); McGee Creek (45.4120, -121.7598); No Name Creek (45.5347, -
121.7929); Red Hill Creek (45.4720, -121.7705); Unnamed (45.5502, -
121.7014).
    (iii) Hood River Watershed 1707010508. Outlet(s) = Hood River (Lat 
45.7237, Long -121.5049) upstream to endpoint(s) in: Hood River 
(45.6050, -121.6323); Lenz Creek (45.6291, -121.5220); Neal Creek 
(45.5787, -121.4875); West Fork Neal Creek (45.5751, -121.5215); Whiskey 
Creek (45.6827, -121.5064).
    (iv) Wind River Watershed 1707010511. Outlet(s) = Wind River (Lat 
45.7067, Long -121.7929) upstream to endpoint(s) in: Bear Creek 
(45.7619, -121.8295); Big Hollow Creek (45.9408, -122.0075); Bourbon 
Creek (45.9246, -121.9982); Brush Creek (45.7720, -121.7528); Cedar 
Creek (45.8388, -121.7956); Compass Creek (45.8372, -122.0633); Crater 
Creek (45.8637, -122.0639); Dry Creek (45.9551, -121.9924); East Fork 
Trout Creek (45.8503, -122.0096); Eightmile Creek (45.8616, -121.8966); 
Falls Creek (45.9107, -121.9151); Hollis Creek (45.8524, -121.9304); 
Jimmy Creek (45.7886, -121.8409); Layout Creek (45.8096, -122.0475); 
Little Wind River (45.7763, -121.7222); Martha Creek (45.7846, -
121.9482); Mouse Creek (45.8415, -121.8428); Ninemile Creek (45.8942, -
121.9023); Oldman Creek (45.9856, -121.9369); Panther Creek (45.8605, -
121.8422); Pass Creek (45.8555, -122.0133); Planting Creek (45.8071, -
122.0010); Proverbial Creek (45.9816, -121.9654); Tenmile Creek 
(45.8760, -121.8694); Trapper Creek (45.9113, -122.0470); Trout Creek 
(45.8679, -122.0477); Unnamed (45.7862, -121.9097); Unnamed (45.8008, -
121.9881); Unnamed (45.8025, -121.9678); Unnamed (45.8142, -122.0204); 
Unnamed (45.8149, -122.0532); Unnamed (45.8161, -121.8437); Unnamed 
(45.8206, -121.8111); Unnamed (45.8218, -121.9470); Unnamed (45.8242, -
122.0295); Unnamed (45.8427, -121.9180); Unnamed (45.8509, -121.9190); 
Unnamed (45.8529, -122.0406); Unnamed (45.8551, -122.0638); Unnamed 
(45.8610, -121.9635); Unnamed (45.8637, -122.0625); Unnamed (45.8640, -
121.9764); Unnamed (45.8682, -121.9714); Unnamed (45.8940, -122.0348); 
Unnamed (45.8965, -122.0035); Unnamed (45.9652, -121.9517); Unnamed 
(45.9798, -121.8873); Unnamed (45.9844, -121.9171); Wind River (45.9964, 
-121.9000).
    (v) Middle Columbia/Grays Creek Watershed 1707010512. Outlet(s) = 
Columbia River (Lat 45.7070, Long -121.7943) upstream to endpoint(s) in: 
Columbia River (45.7237, -121.5049).
    (vi) Middle Columbia/Eagle Creek Watershed 1707010513. Outlet(s) = 
Columbia River (Lat 45.6453, Long -121.9395) upstream to endpoint(s) in: 
Columbia River (45.7070, -121.7943).
    (2) Lower Columbia/Sandy Subbasin 17080001--(i) Salmon River 
Watershed 17080001. Outlet(s) = Salmon River (Lat 45.3768, Long -
122.0293) upstream to endpoint(s) in: Bighorn Creek (45.2582, -
121.9204); Boulder Creek (45.3027, -122.0209); Cheeney Creek (45.2919, -
121.9710); Copper Creek (45.2454, -121.9051); Mack Hall Creek (45.2391, 
-121.9508); Salmon River (45.2511, -121.9025); South Fork Salmon River 
(45.2500, -121.9770); Unnamed (45.2576, -121.9068); Unnamed (45.2600, -
121.9093); Unnamed (45.2633, -121.9153); Unnamed (45.2646, -121.9175); 
Unnamed (45.2708, -121.9246); Unnamed (45.2946, -121.9388); Unnamed 
(45.3161, -121.9565); Unnamed (45.3225, -121.9609); Unnamed (45.3254, -
121.9582); Unnamed (45.3277, -121.9635); Unnamed (45.3336, -121.9538); 
Unnamed (45.3383, -121.9768); Unnamed (45.3398, -121.9954).
    (ii) Zigzag River Watershed 1708000102. Outlet(s) = Zigzag River 
(Lat 45.3489, Long -121.9442) upstream to endpoint(s)

[[Page 676]]

in: Camp Creek (45.3070, -121.7921); Cool Creek (45.2867, -121.8849); 
Devil Canyon (45.3186, -121.8587); Henry Creek (45.3241, -121.8869); 
Lady Creek (45.3199, -121.8225); Little Zigzag Canyon (45.3138, -
121.8035); Still Creek (45.3167, -121.7228); Unnamed (45.2647, -
121.8342); Unnamed (45.2706, -121.8194); Unnamed (45.2793, -121.8529); 
Unnamed (45.2801, -121.8537); Wind Creek (45.2961, -121.8515); Zigzag 
River (45.3270, -121.7786).
    (iii) Upper Sandy River Watershed 1708000103. Outlet(s) = Sandy 
River (Lat 45.3489, Long -121.9442) upstream to endpoint(s) in: Cast 
Creek (45.3794, -121.8538); Clear Creek (45.3998, -121.8936); Clear Fork 
(45.4256, -121.8006); Horseshoe Creek (45.3664, -121.8680); Little Clear 
Creek (45.3854, -121.9190); Lost Creek (45.3670, -121.8091); Muddy Fork 
(45.3920, -121.7577); Sandy River (45.3719, -121.7560); Unnamed 
(45.3813, -121.8954); Unnamed (45.3904, -121.7979); Unnamed (45.4090, -
121.8056); Unnamed (45.4164, -121.8342).
    (iv) Middle Sandy River Watershed 1708000104. Outlet(s) = Sandy 
River (Lat 45.4464, Long -122.2459) upstream to endpoint(s) in: Alder 
Creek (45.3459, -122.0875); Bear Creek 2 (45.3368, -121.9265); 
Cedar Creek (45.4046, -122.2513); Hackett Creek (45.3525, -121.9504); 
North Boulder Creek (45.3900, -122.0037); Sandy River (45.3489, -
121.9442); Unnamed (45.3469, -122.0673); Unnamed (45.3699, -122.0764); 
Unnamed (45.3808, -122.0325); Unnamed (45.3864, -122.0355); Whisky Creek 
(45.3744, -122.1202).
    (v) Washougal River Watershed 1708000106. Outlet(s) = Unnamed (Lat 
45.5812, Long -122.4077); Washougal River (45.5795, -122.4023) upstream 
to endpoint(s) in: Bear Creek (45.7732, -122.1468); Bluebird Creek 
(45.7486, -122.1717); Cougar Creek (45.6514, -122.2677); Dougan Creek 
(45.7080, -122.1817); East Fork Little Washougal River (45.6722, -
122.2827); Grouse Creek (45.7574, -122.1352); Hagen Creek (45.7154, -
122.2518); Jackson Creek (45.6755, -122.2530); Jones Creek (45.6913, -
122.2870); Lacamas Creek (45.5972, -122.3933); Little Washougal River 
(45.7006, -122.3212); Lookout Creek (45.7806, -122.1006); Meander Creek 
(45.7708, -122.0848); Prospector Creek (45.7590, -122.0890); Silver 
Creek (45.7343, -122.1694); Stebbins Creek (45.7285, -122.0683); Texas 
Creek (45.6946, -122.1873); Timber Creek (45.7236, -122.1001); Unnamed 
(45.5873, -122.4121); Unnamed (45.6002, -122.3312); Unnamed (45.6132, -
122.3238); Unnamed (45.6177, -122.2425); Unnamed (45.6206, -122.3449); 
Unnamed (45.6213, -122.2807); Unnamed (45.6243, -122.2283); Unnamed 
(45.6251, -122.3419); Unnamed (45.6279, -122.2549); Unnamed (45.6297, -
122.2463); Unnamed (45.6321, -122.2753); Unnamed (45.6328, -122.2574); 
Unnamed (45.6382, -122.2915); Unnamed (45.6477, -122.3665); Unnamed 
(45.6487, -122.3336); Unnamed (45.6507, -122.1562); Unnamed (45.6531, -
122.2739); Unnamed (45.6594, -122.2062); Unnamed (45.6622, -122.3015); 
Unnamed (45.6625, -122.3446); Unnamed (45.6675, -122.3415); Unnamed 
(45.6694, -122.1553); Unnamed (45.6703, -122.3399); Unnamed (45.6721, -
122.1725); Unnamed (45.6749, -122.3370); Unnamed (45.6798, -122.2905); 
Unnamed (45.6835, -122.3336); Unnamed (45.6836, -122.1146); Unnamed 
(45.6871, -122.2996); Unnamed (45.6934, -122.1063); Unnamed (45.6949, -
122.3305); Unnamed (45.6959, -122.3149); Unnamed (45.6965, -122.0837); 
Unnamed (45.7074, -122.1566); Unnamed (45.7080, -122.2600); Unnamed 
(45.7092, -122.2510); Unnamed (45.7179, -122.0744); Unnamed (45.7201, -
122.1360); Unnamed (45.7249, -122.1067); Unnamed (45.7285, -122.1965); 
Unnamed (45.7303, -122.1126); Unnamed (45.7458, -122.1328); Unnamed 
(45.7476, -122.0518); Unnamed (45.7482, -122.1594); Unnamed (45.7624, -
122.1308); Unnamed (45.7841, -122.1211); Washougal River (45.7798, -
122.1403); West Fork Washougal River (45.7382, -122.2173); Wildboy Creek 
(45.6712, -122.2172); Winkler Creek (45.6377, -122.2588).
    (vi) Columbia Gorge Tributaries Watershed 1708000107. Outlet(s) = 
Columbia River (Lat 45.5710, Long -122.4021) upstream to endpoint(s) in: 
Columbia River (45.6453, -121.9395).
    (vii) Lower Sandy River Watershed 1708000108. Outlet(s) = Sandy 
River (Lat 45.5679, Long -122.4023) upstream to endpoint(s) in: Beaver 
Creek (45.4959, -122.3643); Big Creek (45.5068, -122.2966); Buck Creek 
(45.4985, -122.2671); Gordon Creek (45.5021, -122.1805); Kelly Creek 
(45.5134, -122.3953); Sandy River (45.4464, -122.2459); Smith Creek 
(45.5136, -122.3339); Trout Creek (45.4819, -122.2769); Unnamed 
(45.4889, -122.3513);

[[Page 677]]

Unnamed (45.5557, -122.3715); Unnamed (45.5600, -122.3650).
    (3) Lewis Subbasin 17080002--(i) East Fork Lewis River Watershed 
1708000205. Outlet(s) = Allen Creek (Lat 45.8641, Long -122.7499); East 
Fork Lewis River (45.8664, -122.7189); Gee Creek (45.8462, -122.7803) 
upstream to endpoint(s) in: Allen Creek (45.8279, -122.6968); Anaconda 
Creek (45.8208, -122.2652); Basket Creek (45.8327, -122.4579); Big Tree 
Creek (45.8572, -122.3728); Brezee Creek (45.8625, -122.6637); Cedar 
Creek (45.7226, -122.3290); Cold Creek (45.7493, -122.3252); Copper 
Creek (45.8177, -122.2637); Coyote Creek (45.7554, -122.2641); East Fork 
Lewis River (45.8380, -122.0948); Gee Creek (45.7920, -122.6679); Green 
Fork (45.8462, -122.1274); Grouse Creek (45.7214, -122.2709); King Creek 
(45.7802, -122.2552); Little Creek (45.8417, -122.1779); Lockwood Creek 
(45.8986, -122.5953); Mason Creek (45.8661, -122.5430); McCormick Creek 
(45.8521, -122.6907); McKinley Creek (45.8026, -122.1797); Niccolls 
Creek (45.8148, -122.3093); Poison Gulch (45.7898, -122.1617); Riley 
Creek (45.8936, -122.6175); Rock Creek (45.7375, -122.2571); Roger Creek 
(45.8183, -122.3426); Slide Creek (45.8477, -122.2090); Unnamed 
(45.7212, -122.3389); Unnamed (45.7623, -122.2727); Unnamed (45.7697, -
122.3157); Unnamed (45.7726, -122.6651); Unnamed (45.7770, -122.3539); 
Unnamed (45.7802, -122.6068); Unnamed (45.7858, -122.3283); Unnamed 
(45.7916, -122.3780); Unnamed (45.7919, -122.2780); Unnamed (45.7961, -
122.1312); Unnamed (45.7980, -122.5650); Unnamed (45.8033, -122.6667); 
Unnamed (45.8038, -122.3545); Unnamed (45.8075, -122.1120); Unnamed 
(45.8076, -122.6285); Unnamed (45.8079, -122.2942); Unnamed (45.8146, -
122.4818); Unnamed (45.8147, -122.3144); Unnamed (45.8149, -122.5653); 
Unnamed (45.8172, -122.5742); Unnamed (45.8207, -122.4916); Unnamed 
(45.8230, -122.7069); Unnamed (45.8242, -122.6390); Unnamed (45.8292, -
122.6040); Unnamed (45.8306, -122.3769); Unnamed (45.8353, -122.4842); 
Unnamed (45.8363, -122.1252); Unnamed (45.8368, -122.6498); Unnamed 
(45.8381, -122.4685); Unnamed (45.8427, -122.3708); Unnamed (45.8432, -
122.1480); Unnamed (45.8434, -122.2292); Unnamed (45.8439, -122.6478); 
Unnamed (45.8471, -122.7486); Unnamed (45.8475, -122.6486); Unnamed 
(45.8484, -122.4401); Unnamed (45.8498, -122.7300); Unnamed (45.8502, -
122.5228); Unnamed (45.8513, -122.1323); Unnamed (45.8537, -122.5973); 
Unnamed (45.8600, -122.6112); Unnamed (45.8604, -122.3831); Unnamed 
(45.8606, -122.3981); Unnamed (45.8662, -122.5772); Unnamed (45.8667, -
122.5744); Unnamed (45.8689, -122.4227); Unnamed (45.8698, -122.6777); 
Unnamed (45.8756, -122.4795); Unnamed (45.8813, -122.4772); Unnamed 
(45.8899, -122.6256); Unnamed (45.8986, -122.5742); Unnamed (45.8988, -
122.6123); Unnamed (45.9055, -122.5187); Yacolt Creek (45.8761, -
122.4220).
    (ii) Lower Lewis River Watershed 1708000206. Outlet(s) = Lewis River 
(Lat 45.8519, Long -122.7806) upstream to endpoint(s) in: Bitter Creek 
(45.9133, -122.4593); Brush Creek (45.9280, -122.4674); Cedar Creek 
(45.9019, -122.3655); Chelatchie Creek (45.9357, -122.3784); Colvin 
Creek (45.9400, -122.6081); Houghton Creek (45.9559, -122.6348); John 
Creek (45.9291, -122.4964); Johnson Creek (45.9536, -122.6183); Lewis 
River (45.9570, -122.5550); Pup Creek (45.9486, -122.5245); Robinson 
Creek (45.9362, -122.7243); Ross Creek (45.9536, -122.7043); Staples 
Creek (45.9423, -122.6665); Unnamed (45.8696, -122.7658); Unnamed 
(45.8878, -122.3688); Unnamed (45.8928, -122.4209); Unnamed (45.8940, -
122.4371); Unnamed (45.9001, -122.7226); Unnamed (45.9136, -122.6836); 
Unnamed (45.9141, -122.5565); Unnamed (45.9172, -122.3591); Unnamed 
(45.9202, -122.5339); Unnamed (45.9203, -122.4557); Unnamed (45.9245, -
122.3731); Unnamed (45.9258, -122.5964); Unnamed (45.9294, -122.6225); 
Unnamed (45.9396, -122.4097); Unnamed (45.9417, -122.7035); Unnamed 
(45.9436, -122.6417); Unnamed (45.9438, -122.6190); Unnamed (45.9446, -
122.6437); Unnamed (45.9457, -122.3926); Unnamed (45.9474, -122.6695); 
Unnamed (45.9549, -122.6967).
    (4) Lower Columbia/Clatskanie Subbasin 17080003--Kalama River 
Watershed 1708000301. Outlet(s) = Burris Creek (Lat 45.8926, Long -
122.7892); Bybee Creek (45.9667, -122.8150); Kalama River (46.0340, -
122.8695); Mill Creek (45.9579, -122.8030); Schoolhouse Creek (45.9785, 
-122.8282); Unnamed (46.0001, -122.8438); Unnamed (46.0075, -122.8455) 
upstream to endpoint(s) in: Arnold Creek (46.0206, -122.5638); Bear 
Creek (46.0951, -122.5772); Burris Creek (45.9506, -122.7428); Bush 
Creek (46.0828, -122.4611); Bybee Creek (45.9695,

[[Page 678]]

-122.8135); Canyon Creek (45.9540, -122.7925); Cedar Creek (46.0333, -
122.8110); Dee Creek (45.9953, -122.6525); Elk Creek (46.1154, -
122.4796); Hatchery Creek (46.0673, -122.7548); Indian Creek (46.0516, -
122.7502); Jacks Creek (46.0400, -122.5014); Kalama River (46.1109, -
122.3579); Knowlton Creek (46.0245, -122.6454); Langdon Creek (46.1137, 
-122.4364); Little Kalama River (45.9745, -122.6604); Lost Creek 
(46.0692, -122.5292); Mill Creek (45.9741, -122.7756); North Fork Elk 
Creek (46.1086, -122.5284); North Fork Kalama River (46.1550, -
122.4007); Schoolhouse Creek (45.9810, -122.8217); Spencer Creek 
(46.0253, -122.8285); Summers Creek (46.0357, -122.6529); Unnamed 
(45.9034, -122.7792); Unnamed (45.9423, -122.7761); Unnamed (45.9683, -
122.7751); Unnamed (45.9772, -122.6534); Unnamed (45.9820, -122.7123); 
Unnamed (45.9830, -122.8249); Unnamed (45.9957, -122.6742); Unnamed 
(46.0023, -122.8001); Unnamed (46.0034, -122.8330); Unnamed (46.0059, -
122.7350); Unnamed (46.0064, -122.7377); Unnamed (46.0238, -122.5834); 
Unnamed (46.0257, -122.5913); Unnamed (46.0389, -122.6305); Unnamed 
(46.0437, -122.5713); Unnamed (46.0440, -122.8548); Unnamed (46.0462, -
122.5097); Unnamed (46.0473, -122.7668); Unnamed (46.0611, -122.5514); 
Unnamed (46.0618, -122.4290); Unnamed (46.0634, -122.5630); Unnamed 
(46.0645, -122.3953); Unnamed (46.0861, -122.6708); Unnamed (46.0882, -
122.5729); Unnamed (46.0982, -122.4887); Unnamed (46.0986, -122.6384); 
Unnamed (46.0998, -122.6089); Unnamed (46.1031, -122.3851); Unnamed 
(46.1076, -122.5965); Unnamed (46.1086, -122.4399); Unnamed (46.1088, -
122.3440); Unnamed (46.1124, -122.6411); Unnamed (46.1153, -122.5646); 
Unnamed (46.1159, -122.5728); Unnamed (46.1169, -122.3397); Unnamed 
(46.1242, -122.5932); Unnamed (46.1244, -122.4255); Unnamed (46.1355, -
122.4413); Unnamed (46.1451, -122.4279); Unnamed (46.1543, -122.4131); 
Unnamed (46.1559, -122.4254); Wild Horse Creek (46.1018, -122.6755); 
Wolf Creek (46.0523, -122.4334).
    (5) Upper Cowlitz Subbasin 17080004--(i) Headwaters Cowlitz River 
Watershed 1708000401. Outlet(s) = Cowlitz River (Lat 46.6580, Long -
121.6032) upstream to endpoint(s) in: Clear Fork Cowlitz River (46.6846, 
-121.5668); Muddy Fork Cowlitz River (46.6973, -121.6177); Ohanapecosh 
River (46.6909, -121.5809); Purcell Creek (46.6722, -121.5877).
    (ii) Upper Cowlitz River Watershed 1708000402. Outlet(s) = Cowlitz 
River (Lat 46.5742, Long -121.7059) upstream to endpoint(s) in: Butter 
Creek (46.6451, -121.6749); Coal Creek (46.6438, -121.6108); Cowlitz 
River (46.6580, -121.6032); Hall Creek (46.6044, -121.6609); Johnson 
Creek (46.5546, -121.6373); Lake Creek (46.6227, -121.6093); Skate Creek 
(46.6850, -121.8052); Unnamed (46.6930, -121.8024).
    (iii) Cowlitz Valley Frontal Watershed 1708000403. Outlet(s) = 
Cowlitz River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in: 
Burton Creek (46.5423, -121.7505); Cowlitz River (46.5742, -121.7059); 
Davis Creek (46.5410, -121.8084); Kilborn Creek (46.5081, -121.8007); 
Oliver Creek (46.5450, -121.9928); Peters Creek (46.5386, -121.9830); 
Siler Creek (46.4931, -121.9085); Silver Creek (46.5909, -121.9253); 
Smith Creek (46.5620, -121.6923); Unnamed (46.4913, -122.0820); Unnamed 
(46.5657, -122.0489); Willame Creek (46.5805, -121.7319).
    (iv) Upper Cispus River Watershed 1708000404. Outlet(s) = Cispus 
River (Lat 46.4449, Long -121.7954) upstream to endpoint(s) in: Cispus 
River (46.3450, -121.6833); East Canyon Creek (46.3472, -121.7028); 
North Fork Cispus River (46.4362, -121.6479); Timonium Creek (46.4318, -
121.6548); Twin Creek (46.3748, -121.7297); Yozoo Creek (46.4363, -
121.6637).
    (v) Lower Cispus River Watershed 1708000405. Outlet(s) = Cispus 
River (Lat 46.4765, Long -122.0952) upstream to endpoint(s) in: Ames 
Creek (46.4654, -121.9233); Camp Creek (46.4513, -121.8301); Cispus 
River (46.4449, -121.7954); Covell Creek (46.4331, -121.8516); Crystal 
Creek (46.4454, -122.0234); Greenhorn Creek (46.4217, -121.9042); Iron 
Creek (46.3887, -121.9702); McCoy Creek (46.3891, -121.8190); Quartz 
Creek (46.4250, -122.0519); Unnamed (46.4633, -121.9548); Woods Creek 
(46.4741, -121.9473); Yellowjacket Creek (46.3869, -121.8342).
    (6) Cowlitz Subbasin 17080005--(i) Riffe Reservoir Watershed 
1708000502. Outlet(s) = Cowlitz River (Lat 46.5033, Long -122.5870) 
upstream to endpoint(s) in: Cowlitz River (46.4765, -122.0952).
    (ii) Jackson Prairie Watershed 1708000503. Outlet(s) = Cowlitz River 
(Lat 46.3678, Long -122.9337) upstream to endpoint(s) in: Bear Creek 
(46.4538,

[[Page 679]]

-122.9192); Blue Creek (46.4885, -122.7253); Brights Creek (46.5015, -
122.6247); Cedar Creek (46.4110, -122.7316); Coon Creek (46.4371, -
122.9065); Cougar Creek (46.3937, -122.7945); Cowlitz River (46.5033, -
122.5870); Foster Creek (46.4073, -122.8897); Hopkey Creek (46.4587, -
122.5533); Jones Creek (46.5125, -122.6825); Lacamas Creek (46.5246, -
122.7923); Little Salmon Creek (46.4402, -122.7458); Mill Creek 
(46.5024, -122.8013); Mill Creek (46.5175, -122.6209); Otter Creek 
(46.4801, -122.7000); Pin Creek (46.4133, -122.8321); Rapid Creek 
(46.4320, -122.5465); Skook Creek (46.5031, -122.7561); Unnamed 
(46.3838, -122.7243); Unnamed (46.3841, -122.6789); Unnamed (46.3849, -
122.7043); Unnamed (46.3857, -122.9224); Unnamed (46.3881, -122.6949); 
Unnamed (46.3900, -122.7368); Unnamed (46.3998, -122.8974); Unnamed 
(46.4001, -122.7437); Unnamed (46.4015, -122.7327); Unnamed (46.4097, -
122.5887); Unnamed (46.4102, -122.6787); Unnamed (46.4106, -122.7075); 
Unnamed (46.4115, -122.9091); Unnamed (46.4117, -122.7554); Unnamed 
(46.4143, -122.7823); Unnamed (46.4174, -122.6365); Unnamed (46.4241, -
122.8170); Unnamed (46.4269, -122.6124); Unnamed (46.4291, -122.6418); 
Unnamed (46.4293, -122.8354); Unnamed (46.4412, -122.5192); Unnamed 
(46.4454, -122.8662); Unnamed (46.4496, -122.5281); Unnamed (46.4514, -
122.8699); Unnamed (46.4703, -122.7959); Unnamed (46.4708, -122.7713); 
Unnamed (46.4729, -122.6850); Unnamed (46.4886, -122.8067); Unnamed 
(46.5172, -122.6534); Unnamed (46.5312, -122.8196).
    (iii) North Fork Toutle River Watershed 1708000504. Outlet(s) = 
North Fork Toutle River (Lat 46.3669, Long -122.5859) upstream to 
endpoint(s) in: Alder Creek (46.2813, -122.4964); Bear Creek (46.3085, -
122.3504); Coldwater Creek (46.2884, -122.2675); Cow Creek (46.3287, -
122.4616); Hoffstadt Creek (46.3211, -122.3324); Maratta Creek (46.2925, 
-122.2845); Unnamed (46.3050, -122.5416); Unnamed (46.3346, -122.5460); 
Unnamed (46.3394, -122.3314).
    (iv) Green River Watershed 1708000505. Outlet(s) = Green River (Lat 
46.3718, Long -122.5847) upstream to endpoint(s) in: Beaver Creek 
(46.4056, -122.5671); Cascade Creek (46.3924, -122.3529); Devils Creek 
(46.4017, -122.4089); Elk Creek (46.4178, -122.2477); Green River 
(46.3857, -122.1815); Jim Creek (46.3885, -122.5256); Miners Creek 
(46.3483, -122.1932); Shultz Creek (46.3684, -122.2848); Tradedollar 
Creek (46.3769, -122.2411); Unnamed (46.3271, -122.2978); Unnamed 
(46.3467, -122.2092); Unnamed (46.3602, -122.3257); Unnamed (46.3655, -
122.4774); Unnamed (46.3683, -122.3454); Unnamed (46.3695, -122.4132); 
Unnamed (46.3697, -122.4705); Unnamed (46.3707, -122.5175); Unnamed 
(46.3734, -122.3883); Unnamed (46.3817, -122.2348); Unnamed (46.3844, -
122.4335); Unnamed (46.3876, -122.4870); Unnamed (46.3931, -122.3726); 
Unnamed (46.4023, -122.5543); Unnamed (46.4060, -122.5415); Unnamed 
(46.4087, -122.5061); Unnamed (46.4106, -122.4300); Unnamed (46.4143, -
122.4463); Unnamed (46.4173, -122.2910); Unnamed (46.4196, -122.2850); 
Unnamed (46.4226, -122.3029); Unnamed (46.4285, -122.2662).
    (v) South Fork Toutle River Watershed 1708000506. Outlet(s) = South 
Fork Toutle River (Lat 46.3282, Long -122.7215) upstream to endpoint(s) 
in: Bear Creek (46.2219, -122.4620); Big Wolf Creek (46.2259, -
122.5662); Disappointment Creek (46.2138, -122.3080); Eighteen Creek 
(46.2453, -122.5989); Harrington Creek (46.2508, -122.4126); Johnson 
Creek (46.3047, -122.5923); Sheep Canyon (46.2066, -122.2672); South 
Fork Toutle River (46.2137, -122.2347); Studebaker Creek (46.2825, -
122.6805); Thirteen Creek (46.2374, -122.6230); Trouble Creek (46.1999, 
-122.3774); Twenty Creek (46.2508, -122.5738); Unnamed (46.1858, -
122.2983); Unnamed (46.1953, -122.2881); Unnamed (46.2068, -122.3301); 
Unnamed (46.2075, -122.3267); Unnamed (46.2082, -122.2591); Unnamed 
(46.2107, -122.4301); Unnamed (46.2115, -122.2786); Unnamed (46.2117, -
122.2378); Unnamed (46.2121, -122.5188); Unnamed (46.2157, -122.3467); 
Unnamed (46.2215, -122.5318); Unnamed (46.2234, -122.3265); Unnamed 
(46.2265, -122.3906); Unnamed (46.2271, -122.3367); Unnamed (46.2277, -
122.3719); Unnamed (46.2309, -122.3828); Unnamed (46.2357, -122.4802); 
Unnamed (46.2365, -122.4402); Unnamed (46.2424, -122.4860); Unnamed 
(46.2444, -122.5427); Unnamed (46.2457, -122.6283); Unnamed (46.2523, -
122.5147); Unnamed (46.2587, -122.5333); Unnamed (46.2591, -122.5240); 
Unnamed (46.2608, -122.5493); Unnamed (46.2618, -122.5705); Unnamed 
(46.2693, -122.5763); Unnamed (46.2707, -122.6094); Unnamed (46.2932, -
122.5890); Unnamed (46.2969, -122.6718); Unnamed (46.2976, -122.6129); 
Unnamed (46.3035, -122.5952); Unnamed (46.3128,

[[Page 680]]

-122.7032); Unnamed (46.3217, -122.6473); Whitten Creek (46.2328, -
122.4944).
    (vi) East Willapa Watershed 1708000507. Outlet(s) = Cowlitz River 
(Lat 46.2660, Long -122.9154) upstream to endpoint(s) in: Arkansas Creek 
(46.3345, -123.0567); Baxter Creek (46.3367, -122.9841); Brim Creek 
(46.4446, -123.0395); Campbell Creek (46.3436, -123.0700); Cline Creek 
(46.3397, -122.8550); Cowlitz River (46.3678, -122.9337); Delameter 
Creek (46.2705, -123.0143); Ferrier Creek (46.4646, -122.9374); Hemlock 
Creek (46.2586.-122.7270); Hill Creek (46.3861, -122.8864); King Creek 
(46.5304, -123.0203); McMurphy Creek (46.4113, -122.9469); Monahan Creek 
(46.3041, -123.0614); North Fork Brim Creek (46.4627, -123.0222); North 
Fork Toutle River (46.3669, -122.5859); Owens Creek (46.3994, -
123.0457); Rock Creek (46.3479, -122.8144); Rock Creek (46.3531, -
122.9368); Snow Creek (46.4486, -122.9805); Stankey Creek (46.3259, -
122.8266); Stillwater Creek (46.3583, -123.1144); Sucker Creek (46.2600, 
-122.7684); Tucker Creek (46.2565, -123.0162); Unnamed (46.2413, -
122.9887); Unnamed (46.2480, -123.0169); Unnamed (46.2480, -122.7759); 
Unnamed (46.2517, -123.0173); Unnamed (46.2606, -122.9549); Unnamed 
(46.2629, -123.0188); Unnamed (46.2663, -122.9804); Unnamed (46.2709, -
122.7687); Unnamed (46.2711, -122.8159); Unnamed (46.2840, -122.8128); 
Unnamed (46.2878, -123.0286); Unnamed (46.2883, -122.9051); Unnamed 
(46.2892, -122.9625); Unnamed (46.2900, -122.8124); Unnamed (46.3030, -
123.0645); Unnamed (46.3092, -122.9826); Unnamed (46.3160, -122.7783); 
Unnamed (46.3161, -123.0123); Unnamed (46.3173, -122.8950); Unnamed 
(46.3229, -122.8152); Unnamed (46.3245, -122.8609); Unnamed (46.3248, -
123.0292); Unnamed (46.3252, -122.9238); Unnamed (46.3294, -122.9084); 
Unnamed (46.3309, -123.0046); Unnamed (46.3316, -122.8257); Unnamed 
(46.3346, -123.0167); Unnamed (46.3378, -122.9398); Unnamed (46.3393, -
122.9402); Unnamed (46.3415, -122.9208); Unnamed (46.3456, -122.6405); 
Unnamed (46.3472, -122.9457); Unnamed (46.3488, -123.0519); Unnamed 
(46.3510, -123.0079); Unnamed (46.3511, -122.7678); Unnamed (46.3584, -
122.7902); Unnamed (46.3585, -123.0369); Unnamed (46.3586, -122.7477); 
Unnamed (46.3599, -123.0992); Unnamed (46.3623, -122.6910); Unnamed 
(46.3665, -122.6334); Unnamed (46.3667, -122.8953); Unnamed (46.3683, -
122.8930); Unnamed (46.3683, -122.7502); Unnamed (46.3718, -122.6202); 
Unnamed (46.3720, -123.0933); Unnamed (46.3748, -122.6167); Unnamed 
(46.3818, -122.8822); Unnamed (46.3824, -122.6090); Unnamed (46.3942, -
122.9794); Unnamed (46.4015, -123.0272); Unnamed (46.4045, -123.0194); 
Unnamed (46.4177, -122.9611); Unnamed (46.4200, -123.0403); Unnamed 
(46.4286, -123.0467); Unnamed (46.4362, -123.0451); Unnamed (46.4379, -
122.9985); Unnamed (46.4571, -122.9604); Unnamed (46.4606, -123.0166); 
Unnamed (46.4724, -122.9989); Unnamed (46.4907, -122.9352); Unnamed 
(46.5074, -122.8877); Unnamed (46.5089, -122.9291); Unnamed (46.5228, -
122.8539); Unnamed (46.5336, -122.9793); Unnamed (46.5371, -122.8214); 
Unnamed (46.5439, -122.8538); Whittle Creek (46.3122, -122.9501); Wyant 
Creek (46.3381, -122.6117).
    (vii) Coweeman River Watershed 1708000508. Outlet(s) = Cowlitz River 
(Lat 46.0977, Long -122.9141); Owl Creek (46.0771, -122.8676) upstream 
to endpoint(s) in: Baird Creek (46.1942, -122.5483); Coweeman River 
(46.1505, -122.5172); Cowlitz River (46.2660, -122.9154); Goble Creek 
(46.1103, -122.6789); Hill Creek (46.1784, -122.5990); Leckler Creek 
(46.2317, -122.9470); Little Baird Creek (46.1905, -122.5709); Martin 
Creek (46.1394, -122.5519); Mulholland Creek (46.2013, -122.6450); 
Nineteen Creek (46.1437, -122.6146); North Fork Goble Creek (46.1363, -
122.6769); Nye Creek (46.1219, -122.8040); O'Neil Creek (46.1760, -
122.5422); Ostrander Creek (46.2103, -122.7623); Owl Creek (46.0913, -
122.8644); Salmon Creek (46.2547, -122.8839); Sandy Bend Creek (46.2319, 
-122.9140); Skipper Creek (46.1639, -122.5887); South Fork Ostrander 
Creek (46.1875, -122.8240); Turner Creek (46.1167, -122.8149); Unnamed 
(46.0719, -122.8607); Unnamed (46.0767, -122.8605); Unnamed (46.0824, -
122.7200); Unnamed (46.0843, -122.7195); Unnamed (46.1185, -122.7253); 
Unnamed (46.1289, -122.8968); Unnamed (46.1390, -122.5709); Unnamed 
(46.1430, -122.8125); Unnamed (46.1433, -122.8084); Unnamed (46.1478, -
122.8649); Unnamed (46.1546, -122.6376); Unnamed (46.1562, -122.7808); 
Unnamed (46.1579, -122.6476); Unnamed (46.1582, -122.5332); Unnamed 
(46.1605, -122.6681); Unnamed (46.1620, -122.5885); Unnamed (46.1671, -
122.6284); Unnamed (46.1688, -122.9215); Unnamed (46.1724, -122.6118); 
Unnamed

[[Page 681]]

(46.1735, -122.8282); Unnamed (46.1750, -122.8428); Unnamed (46.1750, -
122.7557); Unnamed (46.1797, -122.7746); Unnamed (46.1803, -122.7801); 
Unnamed (46.1811, -122.7631); Unnamed (46.1814, -122.7656); Unnamed 
(46.1840, -122.8191); Unnamed (46.1955, -122.9082); Unnamed (46.1966, -
122.5542); Unnamed (46.1971, -122.7118); Unnamed (46.2014, -122.8241); 
Unnamed (46.2021, -122.6941); Unnamed (46.2027, -122.5593); Unnamed 
(46.2172, -122.9516); Unnamed (46.2192, -122.6663); Unnamed (46.2199, -
122.8375); Unnamed (46.2208, -122.8887); Unnamed (46.2231, -122.9509); 
Unnamed (46.2257, -122.7667); Unnamed (46.2261, -122.8023); Unnamed 
(46.2379, -122.8859); Unnamed (46.2430, -122.8842).
    (7) Clackamas Subbasin 17090011--(i) Collawash River Watershed 
1709001101. Outlet(s) = Collawash River (Lat 45.0321, Long -122.0600) 
upstream to endpoint(s) in: Blister Creek (44.9594, -122.1590); Dickey 
Creek (44.9335, -122.0469); East Fork Collawash River (44.8789, -
121.9850); Elk Lake Creek (44.8886, -122.0128); Fan Creek (44.9926, -
122.0735); Farm Creek (44.9620, -122.0604); Hot Springs Fork Collawash 
River (44.9005, -122.1616); Hugh Creek (44.9226, -122.1978); Pansy Creek 
(44.9463, -122.1420); Skin Creek (44.9477, -122.2015); Thunder Creek 
(44.9740, -122.1230).
    (ii) Upper Clackamas River Watershed 1709001102. Outlet(s) = 
Clackamas River (Lat 45.0321, Long -122.0600) upstream to endpoint(s) 
in: Berry Creek (44.8291, -121.9176); Cabin Creek (45.0087, -121.8958); 
Clackamas River (44.8723, -121.8470); Cub Creek (44.8288, -121.8863); 
Fawn Creek (44.9089, -121.9226); Hunter Creek (44.8926, -121.9285); 
Kansas Creek (44.9820, -121.8999); Last Creek (44.9759, -121.8424); Lost 
Creek (45.0180, -121.9070); Lowe Creek (44.9636, -121.9457); Pinhead 
Creek (44.9421, -121.8359); Pot Creek (45.0201, -121.9014); Rhododendron 
Creek (44.9358, -121.9154); Sisi Creek (44.9110, -121.8875); Unnamed 
(44.8286, -121.9225); Unnamed (44.8343, -121.8778); Unnamed (44.8944, -
121.9028); Unnamed (44.9355, -121.8735); Unnamed (44.9661, -121.8894); 
Unnamed (44.9687, -121.8920); Unnamed (45.0000, -121.8910).
    (iii) Oak Grove Fork Clackamas River Watershed 1709001103. Outlet(s) 
= Oak Grove Fork Clackamas River (Lat 45.0746, Long -122.0520) upstream 
to endpoint(s) in: Oak Grove Fork Clackamas River (45.0823, -121.9861); 
Pint Creek (45.0834, -122.0355).
    (iv) Middle Clackamas River Watershed 1709001104. Outlet(s) = 
Clackamas River (Lat 45.2440, Long -122.2798) upstream to endpoint(s) 
in: Big Creek (45.0694, -122.0848); Calico Creek (45.0682, -122.1627); 
Clackamas River (45.0321, -122.0600); Cripple Creek (45.1149, -
122.0618); Fish Creek (45.0634, -122.1597); Mag Creek (45.0587, -
122.0488); North Fork Clackamas River (45.2371, -122.2181); Pick Creek 
(45.0738, -122.1994); Pup Creek (45.1451, -122.1055); Roaring River 
(45.1773, -122.0650); Sandstone Creek (45.0862, -122.0845); Second Creek 
(45.1081, -122.1601); South Fork Clackamas River (45.1912, -122.2261); 
Tag Creek (45.0605, -122.0475); Tar Creek (45.0494, -122.0569); Third 
Creek (45.0977, -122.1649); Trout Creek (45.0379, -122.0720); Wash Creek 
(45.0473, -122.1893); Whale Creek (45.1102, -122.0849).
    (v) Eagle Creek Watershed 1709001105. Outlet(s) = Eagle Creek (Lat 
45.3535, Long -122.3823) upstream to endpoint(s) in: Bear Creek 
(45.3369, -122.2331); Currin Creek (45.3369, -122.3555); Delph Creek 
(45.2587, -122.2098); Eagle Creek (45.2766, -122.1998); Little Eagle 
Creek (45.3003, -122.1682); North Fork Eagle Creek (45.3142, -122.1135); 
Trout Creek (45.3305, -122.1187).
    (vi) Lower Clackamas River 1709001106. Outlet(s) = Clackamas River 
(Lat 45.3719, Long -122.6071) upstream to endpoint(s) in: Bargfeld Creek 
(45.3195, -122.4398); Clackamas River (45.2440, -122.2798); Clear Creek 
(45.2022, -122.3121); Deep Creek (45.3421, -122.2799); Foster Creek 
(45.3512, -122.4082); Goose Creek (45.3621, -122.3549); Little Clear 
Creek (45.2803, -122.4055); Mosier Creek (45.2683, -122.4516); North 
Fork Deep Creek (45.4271, -122.3094); Richardson Creek (45.4097, -
122.4484); Rock Creek (45.4157, -122.5013); Tickle Creek (45.3932, -
122.2775); Unnamed (45.3502, -122.4861); Unnamed (45.3626, -122.2858); 
Unnamed (45.3816, -122.3721); Unnamed (45.4057, -122.3223); Unnamed 
(45.4102, -122.2987); Wade Creek (45.2922, -122.3237).
    (8) Lower Willamette Subbasin 17090012--(i) Johnson Creek Watershed 
1709001201. Outlet(s) = Willamette River (Lat 45.4423, Long -122.6453) 
upstream to endpoint(s) in: Crystal Springs

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Creek (45.4811, -122.6381); Crystal Springs Lake (45.4799, -122.6361); 
Johnson Creek (45.4610, -122.3432); Kellogg Creek (45.4083, -122.5925); 
Kelly Creek (45.4661, -122.4655); Mount Scott Creek (45.4306, -
122.5556); Oswego Creek (45.4105, -122.6666); Phillips Creek (45.4328, -
122.5763); Tryon Creek (45.4472, -122.6863); Unnamed (45.4793, -
122.4165); Willamette River (45.3719, -122.6071).
    (ii) Scappoose Creek Watershed 1709001202. Outlet(s) = Multnomah 
Channel (Lat 45.8577, Long -122.7919) upstream to endpoint(s) in: 
Multnomah Channel (45.6188, -122.7921).
    (iii) Columbia Slough/Willamette River Watershed 1709001203. 
Outlet(s) = Willamette River (Lat 45.6530, Long -122.7646) upstream to 
endpoint(s) in: Bybee Lake (45.6266, -122.7523); Bybee/Smith Lakes 
(45.6105, -122.7285); Columbia Slough 1 (45.6078, -122.7447); 
Swan Island Basin (45.5652, -122.7120); Unnamed (45.6253, -122.7568); 
Willamette River (45.4423, -122.6453).
    (9) Lower Columbia River Corridor--Lower Columbia River Corridor 
Outlet(s) = Columbia River (Lat 46.2485, Long -124.0782) upstream to 
endpoint(s) in: Columbia River (45.5710, -122.4021).
    (10) Maps of critical habitat for the Lower Columbia River Steelhead 
ESU follow:

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    (t) Upper Willamette River Steelhead (Oncorhynchus mykiss). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Upper Willamette Subbasin 17090003--(i) Calapooia River 
Watershed 1709000303. Outlet(s) = Calapooia River (Lat 44.5088, Long -
123.1101) upstream to endpoint(s) in: Bigs Creek (44.2883, -122.6133); 
Butte Creek (44.4684, -123.0488); Calapooia River (44.2361, -122.3664); 
Hands Creek (44.2559,

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-122.5127); King Creek (44.2458, -122.4452); McKinley Creek (44.2569, -
122.5621); North Fork Calapooia River (44.2497, -122.4094); Potts Creek 
(44.2581, -122.4756); Spoon Creek (44.4379, -123.0877); United States 
Creek (44.2244, -122.3825).
    (ii) Oak Creek Watershed 1709000304. Outlet(s) = Willamette River 
(Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: Calapooia 
River (44.5088, -123.1101); Cox Creek (44.6417, -123.0680); Periwinkle 
Creek (44.6250, -123.0814); Truax Creek (44.6560, -123.0598).
    (iii) Luckiamute River Watershed 1709000306. Outlet(s) = Luckiamute 
River (Lat 44.7561, Long -123.1468) upstream to endpoint(s) in: Bonner 
Creek (44.6735, -123.4849); Burgett Creek (44.6367, -123.4574); Clayton 
Creek (44.7749, -123.4870); Cooper Creek (44.8417, -123.3246); Grant 
Creek (44.8389, -123.4098); Little Luckiamute River (44.8673, -
123.4375); Luckiamute River (44.7970, -123.5270); Maxfield Creek 
(44.6849, -123.3427); McTimmonds Creek (44.7622, -123.4125); North Fork 
Pedee Creek (44.7866, -123.4511); Plunkett Creek (44.6522, -123.4241); 
Price Creek (44.6677, -123.3732); Sheythe Creek (44.7683, -123.5027); 
Soap Creek (44.6943, -123.2488); South Fork Pedee Creek (44.7798, -
123.4667); Teal Creek (44.8329, -123.4582); Unnamed (44.7562, -
123.5293); Unnamed (44.7734, -123.2027); Unnamed (44.7902, -123.6211); 
Vincent Creek (44.6380, -123.4327); Waymire Creek (44.8725, -123.4128); 
Woods Creek (44.6564, -123.3905).
    (2) North Santiam Subbasin 17090005--(i) Middle North Santiam River 
Watershed 1709000504. Outlet(s) = North Santiam River (Lat 44.7852, Long 
-122.6079) upstream to endpoint(s) in: Little Rock Creek (44.7330, -
122.3927); Mad Creek (44.7373, -122.3735); North Santiam River (44.7512, 
-122.2825); Rock Creek (44.7011, -122.4080); Snake Creek (44.7365, -
122.4870).
    (ii) Little North Santiam River Watershed 1709000505. Outlet(s) = 
Little North Santiam River (Lat 44.7852, Long -122.6079) upstream to 
endpoint(s) in: Cedar Creek (44.8439, -122.2682); Elkhorn Creek 
(44.8139, -122.3451); Evans Creek (44.8412, -122.3601); Fish Creek 
(44.8282, -122.3915); Little North Santiam River (44.8534, -122.2887); 
Little Sinker Creek (44.8235, -122.4163); Sinker Creek (44.8211, -
122.4210).
    (iii) Lower North Santiam River Watershed 1709000506. Outlet(s) = 
Santiam River (Lat 44.7504, Long -123.1421) upstream to endpoint(s) in: 
Bear Branch (44.7602, -122.7942); Chehulpum Creek (44.7554, -122.9898); 
Cold Creek (44.7537, -122.8812); Morgan Creek (44.7495, -123.0443); 
North Santiam River (44.7852, -122.6079); Salem Ditch (44.8000, -
122.8120); Santiam River (44.6869, -123.0052); Smallman Creek (44.7293, 
-122.9139); Stout Creek (44.8089, -122.5994); Trask Creek (44.7725, -
122.6152); Unnamed (44.7972, -122.7328); Valentine Creek (44.7999, -
122.7311).
    (3) South Santiam Subbasin 17090006--(i) Hamilton Creek/South 
Santiam River Watershed 1709000601. Outlet(s) = South Santiam River (Lat 
44.6869, Long -123.0052) upstream to endpoint(s) in: Albany--Santiam 
Canal (44.5512, -122.9032); Hamilton Creek (44.5392, -122.7018); Johnson 
Creek (44.4548, -122.7080); McDowell Creek (44.4640, -122.6803); Mill 
Creek (44.6628, -122.9575); Morgan Creek (44.4557, -122.7058); Noble 
Creek (44.4513, -122.7974); South Santiam River (44.4163, -122.6693).
    (ii) Crabtree Creek Watershed 1709000602. Outlet(s) = Crabtree Creek 
(Lat 44.6756, Long -122.9557) upstream to endpoint(s) in: Bald Barney 
Creek (44.5469, -122.5959); Bald Peter Creek (44.5325, -122.6024); 
Beaver Creek (44.6337, -122.8537); Camp Creek (44.5628, -122.5768); 
Crabtree Creek (44.6208, -122.5055); Cruiser Creek (44.5543, -122.5831); 
Green Mountain Creek (44.5777, -122.6258); Roaring River (44.6281, -
122.7148); Rock Creek (44.5883, -122.6000); South Fork Crabtree Creek 
(44.5648, -122.5441); White Rock Creek (44.6050, -122.5209).
    (iii) Thomas Creek Watershed 1709000603. Outlet(s) = Thomas Creek 
(Lat 44.6778, Long -122.9654) upstream to endpoint(s) in: Criminal Creek 
(44.7122, -122.5709); Ella Creek (44.6815, -122.5228); Hortense Creek 
(44.6756, -122.5017); Jordan Creek (44.7527, -122.6519); Mill Creek 
(44.7060, -122.7849); Neal Creek (44.6923, -122.6484); South Fork Neal 
Creek (44.7016, -122.7049); Thomas Creek (44.6776, -122.4650); West Fork 
Ella Creek (44.6805, -122.5288).

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    (iv) South Santiam River Watershed 1709000606. Outlet(s) = South 
Santiam River (Lat 44.3977, Long -122.4473) upstream to endpoint(s) in: 
Canyon Creek (44.3074, -122.3300); Falls Creek (44.4007, -122.3828); 
Harter Creek (44.4166, -122.2605); Keith Creek (44.4093, -122.2847); 
Moose Creek (44.4388, -122.3671), Owl Creek (44.2999, -122.3686); 
Shuttle Camp Creek (44.4336, -122.2597); Soda Fork South Santiam River 
(44.4410, -122.2466); South Santiam River (44.3980, -122.2610); Trout 
Creek (44.3993, -122.3464); Two Girls Creek (44.3248, -122.3346).
    (v) South Santiam River/Foster Reservoir Watershed 1709000607. 
Outlet(s) = South Santiam River (Lat 44.4163, Long -122.6693) upstream 
to endpoint(s) in: Lewis Creek (44.4387, -122.6223); Middle Santiam 
River (44.4498, -122.5479); South Santiam River (44.3977, -122.4473).
    (vi) Wiley Creek Watershed 1709000608. Outlet(s) = Wiley Creek (Lat 
44.4140, Long -122.6752) upstream to endpoint(s) in: Farmers Creek 
(44.3383, -122.5812); Jackson Creek (44.3669, -122.6344); Little Wiley 
Creek (44.3633, -122.5228); Unnamed (44.3001, -122.4579); Unnamed 
(44.3121, -122.5197); Unnamed (44.3455, -122.5934); Unnamed (44.3565, -
122.6051); Wiley Creek (44.2981, -122.4318).
    (4) Middle Willamette Subbasin 17090007--(i) Mill Creek/Willamette 
River Watershed 1709000701. Outlet(s) = Mill Creek (Lat 44.9520, Long -
123.0381) upstream to endpoint(s) in: Mill Creek (44.8268, -122.8249).
    (ii) Rickreall Creek Watershed 1709000702. Outlet(s) = Willamette 
River (Lat 44.9288, Long -123.1124) upstream to endpoint(s) in: 
Willamette River (44.7504, -123.1421).
    (iii) Willamette River/Chehalem Creek Watershed 1709000703. 
Outlet(s) = Willamette River (Lat 45.2552, Long -122.8806) upstream to 
endpoint(s) in: Willamette River (44.9288, -123.1124).
    (iv) Abernethy Creek Watershed 1709000704. Outlet(s) = Willamette 
River (Lat 45.3540, Long -122.6186) upstream to endpoint(s) in: 
Willamette River (45.2552, -122.8806).
    (5) Yamhill Subbasin 17090008--(i) Upper South Yamhill River 
Watershed 1709000801. Outlet(s) = South Yamhill River (Lat 45.0784, Long 
-123.4753) upstream to endpoint(s) in: Agency Creek (45.1799, -
123.6976); Cedar Creek (45.0892, -123.6969); Cockerham Creek (45.0584, -
123.5077); Cosper Creek (45.1497, -123.6178); Cow Creek (45.0410, -
123.6165); Crooked Creek (45.0964, -123.6611); Doane Creek (45.0449, -
123.4929); Ead Creek (45.1214, -123.6969); Elmer Creek (45.0794, -
123.6714); Gold Creek (45.0108, -123.5496); Jackass Creek (45.0589, -
123.6495); Joe Creek (45.1216, -123.6216); Joe Day Creek (45.0285, -
123.6660); Kitten Creek (45.1110, -123.7266); Klees Creek (45.0784, -
123.5496); Lady Creek (45.0404, -123.5269); Little Rowell Creek 
(45.0235, -123.5792); Mule Tail Creek (45.0190, -123.5547); Pierce Creek 
(45.1152, -123.7203); Rock Creek (45.0130, -123.6344); Rogue River 
(45.0613, -123.6550); Rowell Creek (45.0187, -123.5699); Unnamed 
(45.0318, -123.5421); Unnamed (45.0390, -123.4620); Unnamed (45.0431, -
123.5541); Unnamed (45.0438, -123.4721); Unnamed (45.0493, -123.6044); 
Unnamed (45.0599, -123.4661); Unnamed (45.0945, -123.6110); Unnamed 
(45.0994, -123.6276); Unnamed (45.1151, -123.6566); Unnamed (45.1164, -
123.6717); Unnamed (45.1412, -123.6705); West Fork Agency Creek 
(45.1575, -123.7032); Wind River (45.1367, -123.6392); Yoncalla Creek 
(45.1345, -123.6614).
    (ii) Mill Creek/South Yamhill River Watershed 1709000803. Outlet(s) 
= Mill Creek (Lat 45.0908, Long -123.4434) upstream to endpoint(s) in: 
Mill Creek (45.0048, -123.4184).
    (iii) Lower South Yamhill River Watershed 1709000804. Outlet(s) = 
South Yamhill River (Lat 45.1616, Long -123.2190) upstream to 
endpoint(s) in: South Yamhill River (45.0784, -123.4753).
    (iv) Yamhill River Watershed 1709000807. Outlet(s) = Yamhill River 
(Lat 45.2301, Long -122.9950) upstream to endpoint(s) in: South Yamhill 
River (45.1616, -123.2190).
    (6) Molalla/Pudding Subbasin 17090009-(i) Abiqua Creek/Pudding River 
Watershed 1709000901. Outlet(s) = Pudding River (Lat 45.0740, Long -
122.8525) upstream to endpoint(s) in : Abiqua Creek (44.9264, -
122.5666); Little Abiqua Creek (44.9252, -122.6204); Little Pudding 
River (45.0435, -122.8965); Powers Creek (44.9552, -122.6796); Pudding 
(44.9998, -122.8412); Silver Creek (44.8981, -122.6799).
    (ii) Butte Creek/Pudding River Watershed 1709000902. Outlet(s) = 
Pudding

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River (Lat 45.1907, Long -122.7527) upstream to endpoint(s) in: Pudding 
River (45.0740, -122.8525).
    (iii) Rock Creek/Pudding River Watershed 1709000903. Outlet(s) = 
Rock Creek (Lat 45.1907, Long -122.7527) upstream to endpoint(s) in: 
Rock Creek (45.0876, -122.5916).
    (iv) Senecal Creek/Mill Creek Watershed 1709000904. Outlet(s) = 
Pudding River (Lat 45.2843, Long -122.7149) upstream to endpoint(s) in: 
Pudding River (45.1907, -122.7527).
    (v) Upper Molalla River Watershed 1709000905. Outlet(s) = Molalla 
River (Lat 45.1196, Long -122.5342) upstream to endpoint(s) in: Camp 
Creek (44.9630, -122.2928); Cedar Creek (45.0957, -122.5257); Copper 
Creek (44.8877, -122.3704); Cougar Creek (45.0421, -122.3145); Dead 
Horse Canyon Creek (45.0852, -122.3146); Gawley Creek (44.9320, -
122.4304); Lost Creek (44.9913, -122.2444); Lukens Creek (45.0498, -
122.2421); Molalla River (44.9124, -122.3228); North Fork Molalla River 
(45.0131, -122.2986); Pine Creek (45.0153, -122.4560); Table Rock Fork 
Molalla River (44.9731, -122.2629); Trout Creek (45.0577, -122.4657).
    (vi) Lower Molalla River Watershed 1709000906. Outlet(s) = Molalla 
River (Lat 45.2979, Long -122.7141) upstream to endpoint(s) in: Buckner 
Creek (45.2382, -122.5399); Canyon Creek (45.1317, -122.3858); Cedar 
Creek (45.2037, -122.5327); Gribble Creek (45.2004, -122.6867); Jackson 
Creek (45.1822, -122.3898); Milk Creek (45.2036, -122.3761); Molalla 
River (45.1196, -122.5342); Woodcock Creek (45.1508, -122.5075).
    (7) Tualatin Subbasin 17090010--Gales Creek Watershed 1709001002. 
Outlet(s) = Tualatin River (Lat 45.5019, Long -122.9946) upstream to 
endpoint(s) in: Bateman Creek (45.6350, -123.2966); Beaver Creek 
(45.6902, -123.2889); Clear Creek (45.5705, -123.2567); Gales Creek 
(45.6428, -123.3576); Iler Creek (45.5900, -123.2582); North Fork Gales 
Creek (45.6680, -123.3394); Roaring Creek (45.5620, -123.2574); Roderick 
Creek (45.5382, -123.2013); South Fork Gales Creek (45.6059, -123.2978); 
Tualatin River (45.4917, -123.1012).
    (8) Lower Willamette/Columbia River Corridor--Lower Willamette/
Columbia River Corridor. Outlet(s) = Columbia River (Lat 46.2485, Long -
124.0782) upstream to endpoint(s) in: Willamette River (45.3540, -
122.6186).
    (9) Maps of critical habitat for the Upper Willamette River 
Steelhead ESU follow:

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    (u) Oregon Coast Coho Salmon (Oncorhynchus kisutch). Critical 
habitat is designated to include the areas defined in the following 
subbasins:
    (1) Necanicum Subbasin 17100201--Necanicum River Watershed 
1710020101. Outlet(s) = Arch Cape Creek (Lat 45.8035, Long-123.9656); 
Asbury Creek (45.815,-123.9624); Ecola Creek (45.8959,-123.9649); 
Necanicum River (46.0113,-123.9264); Short Sand Creek (45.7595,-
123.9641) upstream to endpoint(s) in: Arch Cape Creek (45.8044,-
123.9404); Asbury Creek

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(45.8150,-123.9584); Beerman Creek (45.9557,-123.8749); Bergsvik Creek 
(45.8704,-123.7650); Brandis Creek (45.8894,-123.8529); Charlie Creek 
(45.9164,-123.7606); Circle Creek (45.9248,-123.9436); Circle Creek Trib 
A (45.9335,-123.9457); North Fork Ecola Creek (45.8705,-123.9070); West 
Fork Ecola Creek (45.8565,-123.9424); Grindy Creek (45.9179,-123.7390); 
Hawley Creek (45.9259,-123.8864); Joe Creek (45.8747,-123.7503); Johnson 
Creek (45.8885,-123.8816); Klootchie Creek (45.9450,-123.8413); 
Klootchie Creek Trib A (45.9250,-123.8447); Lindsley Creek (45.9198,-
123.8339); Little Humbug Creek (45.9235,-123.7653); Little Joe Creek 
(45.8781,-123.7852); Little Muddy Creek (45.9551,-123.9559); Mail Creek 
(45.8887,-123.8655); Meyer Creek (45.9279,-123.9135); Mill Creek 
(46.0245,-123.8905); Mill Creek Trib 1 (46.0142,-123.8967); Neacoxie 
Creek (46.0245,-123.9157); Neawanna Creek (45.9810,-123.8809); Necanicum 
River (45.9197,-123.7106); North Fork Necanicum River (45.9308,-
123.7986); North Fork Necanicum River Trib A (45.9398,-123.8109); South 
Fork Necanicum River (45.8760,-123.8122); Shangrila Creek (45.9706,-
123.8778); Short Sand Creek (45.7763,-123.9406); Thompson Creek 
(46.0108,-123.8951); Tolovana Creek (45.8581,-123.9370); Unnamed 
(45.8648,-123.9371); Unnamed (45.8821,-123.9318); Unnamed (45.8881,-
123.7436); Unnamed (45.8883,-123.9366); Unnamed (45.8906,-123.7460); 
Unnamed (45.8912,-123.9433); Unnamed (45.8950,-123.8715); Unnamed 
(45.9026,-123.9540); Unnamed (45.9046,-123.9578); Unnamed (45.9050,-
123.9585); Unnamed (45.9143,-123.8656); Unnamed (45.9161,-123.9000); 
Unnamed (45.9210,-123.8668); Unnamed (45.9273,-123.8499); Unnamed 
(45.9292,-123.8900); Unnamed (45.9443,-123.9038); Unnamed (45.9850,-
123.8999); Unnamed (46.0018,-123.8998); Volmer Creek (45.9049,-
123.9139); Warner Creek (45.8887,-123.7801); Williamson Creek (45.9522,-
123.9060).
    (2) Nehalem Subbasin 17100202--(i) Upper Nehalem River Watershed 
1710020201. Outlet(s) = Nehalem River (Lat 45.9019, Long -123.1442) 
upstream to endpoint(s) in: Bear Creek (45.7781,-123.4252); Bear Creek 
(45.8556,-123.2205); Beaver Creek (45.7624,-123.2073); Beaver Creek Trib 
A (45.8071,-123.2143); Beaver Creek Trib B (45.7711,-123.2318); Carlson 
Creek (45.7173,-123.3425); Castor Creek (45.7103,-123.2698); Cedar Creek 
(45.8528,-123.2928); Clear Creek, Lower North Fork (45.8229,-123.3111); 
Clear Creek (45.8239,-123.3531); Coal Creek Trib B (45.8149,-123.1174); 
Coal Creek (45.7978,-123.1293); Coon Creek (45.8211,-123.1446); Dell 
Creek (45.7919,-123.1559); Derby Creek (45.7225,-123.3857); Dog Creek 
(45.8957,-123.0741); Elk Creek (45.8256,-123.1290); Fall Creek 
(45.8626,-123.3247); Ginger Creek (45.8520,-123.3511); Ivy Creek 
(45.8938,-123.3160); Jim George Creek (45.8009,-123.1041); Kenusky Creek 
(45.8859,-123.0422); Kist Creek (45.7826,-123.2507); Lousignont Creek 
(45.7424,-123.3722); Lousignont Creek, North Fork (45.7463,-123.3576); 
Martin Creek (45.8474,-123.4025); Maynard Creek (45.8556,-123.3038); 
Military Creek (45.8233,-123.4812); Nehalem River (45.7269,-123.4159); 
Nehalem River, East Fork (45.8324,-123.0502); Olson Creek (45.8129,-
123.3853); Pebble Creek (45.7661,-123.1357); Pebble Creek, West Fork 
(45.7664,-123.1899); Robinson Creek (45.7363,-123.2512); Rock Creek 
(45.8135,-123.5201); Rock Creek, North Fork (45.8616,-123.4560); Rock 
Creek, South Fork (45.7598,-123.4249); Rock Creek Trib C (45.7957,-
123.4882); South Fork Rock Creek Trib A (45.7753,-123.4586); South Fork 
Nehalem River (45.7073,-123.4017); Selder Creek (45.8975,-123.3806); 
South Fork Clear Creek (45.8141,-123.3484); South Prong Clear Creek 
(45.7832,-123.2975); Step Creek (45.6824,-123.3348); Swamp Creek 
(45.8217,-123.2004); Unnamed (45.7270,-123.3419); Unnamed (45.8095,-
123.0908); Unnamed (45.7558,-123.2630); Unnamed (45.7938,-123.3847); 
Unnamed (45.7943,-123.4059); Unnamed (45.8197,-123.0679); Unnamed 
(45.8477,-123.0734); Unnamed (45.8817,-123.1266); Unnamed (45.8890,-
123.3817); Unnamed (45.9019,-123.1346); Weed Creek (45.8707,-123.4049); 
Wolf Creek, South

[[Page 706]]

Fork (45.7989,-123.4028); Wolf Creek (45.7768,-123.3556).
    (ii) Middle Nehalem River Watershed 1710020202. Outlet(s) = Nehalem 
River (Lat 45.9838, Long -123.4214) upstream to endpoint(s) in: Adams 
Creek (46.0263,-123.2869); Archibald Creek (45.9218,-123.0829); Beaver 
Creek (46.0554,-123.2985); Boxler Creek (46.0486,-123.3521); Calvin 
Creek (45.9514,-123.2976); Cedar Creek (45.9752,-123.1143); Cook Creek 
(45.9212,-123.1087); Cow Creek (46.0500,-123.4326); Crooked Creek 
(45.9043,-123.2689); Deep Creek (45.9461,-123.3719); Deep Creek Trib A 
(45.9127,-123.3794); Deep Creek Trib B (45.9314,-123.3809); Deer Creek 
(45.9033,-123.3142); Eastman Creek (46.0100,-123.2262); Fall Creek 
(45.9438,-123.2012); Fishhawk Creek (46.0596,-123.3857); Fishhawk Creek, 
North Fork (46.0907,-123.3675); Fishhawk Creek, Trib C (46.0808,-
123.3692); Ford Creek (46.0570,-123.2872); Gus Creek (45.9828,-
123.1453); Johnson Creek (46.0021,-123.2133); Lane Creek (45.9448,-
123.3253); Little Deer Creek (45.9378,-123.2780); Lousignont Creek 
(46.0342,-123.4186); Lundgren Creek (46.0240,-123.2092); McCoon Creek 
(46.0665,-123.3043); Messing Creek (46.0339,-123.2260); Nehalem River 
(45.9019,-123.1442); Northrup Creek (46.0672,-123.4377); Oak Ranch Creek 
(45.9085,-123.0834); Sager Creek (45.9388,-123.4020); Unnamed (45.9039,-
123.2044); Unnamed (45.9067,-123.0595); Unnamed (45.9488,-123.2220); 
Unnamed (45.9629,-123.3845); Unnamed (45.9999,-123.1732); Unnamed 
(46.0088,-123.4508); Unnamed (46.0208,-123.4588); Unnamed (46.0236,-
123.2381); Unnamed (46.0308,-123.3135); Unnamed (46.0325,-123.4650); 
Unnamed (46.0390,-123.3648); Unnamed (46.0776,-123.3274); Unnamed 
(46.0792,-123.3409); Unnamed (46.0345,-123.2956); Warner Creek 
(46.0312,-123.3817); Wrong Way Creek (46.0789,-123.3142).
    (iii) Lower Nehalem River Watershed 1710020203. Outlet(s) = Nehalem 
River (Lat 45.7507, Long -123.6530) upstream to endpoint(s) in: Alder 
Creek (45.9069,-123.5907); Beaver Creek (45.8949,-123.6764); Big Creek 
(45.8655,-123.6476); Bull Heifer Creek (45.9908,-123.5322); Buster Creek 
(45.9306,-123.4165); Cedar Creek (45.8931,-123.6029); Cow Creek 
(45.8587,-123.5206); Crawford Creek (45.9699,-123.4725); Cronin Creek, 
Middle Fork (45.7719,-123.5747); Cronin Creek, North Fork (45.7795,-
123.6064); Cronin Creek, South Fork (45.7456,-123.5596); Destruction 
Creek (45.8750,-123.6571); East Humbug Creek (45.9454,-123.6358); 
Fishhawk Creek (45.9666,-123.5895); Fishhawk Creek (46.0224,-123.5374); 
George Creek (45.8461,-123.6226); George Creek (45.9118,-123.5766); 
Gilmore Creek (45.9609,-123.5372); Hamilton Creek (46.0034,-123.5881); 
Klines Creek (45.8703,-123.4908); Larsen Creek (45.8757,-123.5847); 
Little Fishhawk Creek (45.9256,-123.5501); Little Rock Creek (45.8886,-
123.4558); McClure Creek (45.8560,-123.6227); Moores Creek (45.8801,-
123.5178); Nehalem River (45.9838,-123.4214); Quartz Creek (45.8414,-
123.5184); Spruce Run Creek (45.8103,-123.6028); Squaw Creek (45.9814,-
123.4529); Stanley Creek (45.8861,-123.4352); Strum Creek (45.9321,-
123.4275); Trailover Creek (46.0129,-123.4976); Unnamed (45.8083,-
123.6280); Unnamed (45.8682,-123.6168); Unnamed (45.9078,-123.6630); 
Unnamed (45.9207,-123.4534); Unnamed (45.9405,-123.6338); Unnamed 
(45.9725,-123.5544); West Humbug Creek (45.9402,-123.6726); Walker Creek 
(45.9266,-123.4423); Walker Creek (46.0391,-123.5142); West Brook 
(45.9757,-123.4638).
    (iv) Salmonberry River Watershed 1710020204. Outlet(s) = Salmonberry 
River (Lat 45.7507, Long -123.6530) upstream to endpoint(s) in: Pennoyer 
Creek (45.7190,-123.4366); Salmonberry River (45.7248,-123.4436); 
Salmonberry River, North Fork (45.7181,-123.5204); Wolf Creek (45.6956,-
123.4485).
    (v) North Fork of Nehalem River Watershed 1710020205. Outlet(s) = 
Nehalem River, North Fork (Lat 45.7317, Long -123.8765) upstream to 
endpoint(s) in: Acey Creek (45.7823,-123.8292); Anderson Creek 
(45.7643,-123.9073); Big Rackheap Creek (45.7546,-123.8145); Boykin 
Creek (45.8030,-123.8595); Buchanan Creek (45.8270,-123.7901); Coal

[[Page 707]]

Creek (45.7897,-123.8676); Coal Creek, West Fork (45.7753,-123.8871); 
Cougar Creek (45.8064,-123.8090); Fall Creek (45.7842,-123.8547); Fall 
Creek (45.8226,-123.7054); Gods Valley Creek (45.7689,-123.7793); Grassy 
Lake Creek (45.7988,-123.8193); Gravel Creek (45.7361,-123.8126); 
Henderson Creek (45.7932,-123.8548); Jack Horner Creek (45.8531,-
123.7837); Lost Creek (45.7909,-123.7195); Nehalem River, Little North 
Fork (45.9101,-123.6972); Nehalem River, North Fork (45.8623,-123.7463); 
Nehalem River, North Fork, Trib R (45.8287,-123.6625); Nehalem River, 
North Fork, Trib T (45.8492,-123.6796); Rackheap Creek (45.7677,-
123.8008); Sally Creek (45.8294,-123.7468); Soapstone Creek (45.8498,-
123.7469); Soapstone Creek, Trib A (45.8591,-123.7616); Sweethome Creek 
(45.7699,-123.6616); Unnamed (45.7457,-123.8490); Unnamed (45.7716,-
123.7691); Unnamed (45.7730,-123.7789); Unnamed (45.7736,-123.7607); 
Unnamed (45.7738,-123.7534); Unnamed (45.7780,-123.7434); Unnamed 
(45.7784,-123.7742); Unnamed (45.7794,-123.7315); Unnamed (45.7824,-
123.7396); Unnamed (45.7833,-123.7680); Unnamed (45.7841,-123.7299); 
Unnamed (45.7858,-123.7660); Unnamed (45.7898,-123.7424); Unnamed 
(45.7946,-123.7365); Unnamed (45.7966,-123.7953); Unnamed (45.8008,-
123.7349); Unnamed (45.8193,-123.7436); Unnamed (45.8322,-123.7789); 
Unnamed (45.8359,-123.7766); Unnamed (45.8569,-123.7235); Unnamed 
(45.8629,-123.7347); Unnamed (45.8662,-123.7444); Unnamed (45.8962,-
123.7189).
    (vi) Lower Nehalem River/Cook Creek Watershed 1710020206. Outlet(s) 
= Nehalem River (Lat 45.6577, Long -123.9355) upstream to endpoint(s) 
in: Alder Creek (45.7286,-123.9091); Anderson Creek (45.6711,-123.7470); 
Bastard Creek (45.7667,-123.6943); Bob's Creek (45.7444,-123.9038); Cook 
Creek (45.6939,-123.6146); Cook Creek, East Fork (45.6705,-123.6440); 
Daniels Creek (45.6716,-123.8606); Dry Creek (45.6449,-123.8507); Dry 
Creek (45.6985,-123.7422); East Foley Creek (45.6621,-123.8068); Fall 
Creek (45.7489,-123.7778); Foley Creek (45.6436,-123.8933); Gallagher 
Slough (45.7140,-123.8657); Hanson Creek (45.6611,-123.7179); Harliss 
Creek (45.6851,-123.7249); Helloff Creek (45.7545,-123.7603); Hoevett 
Creek (45.6894,-123.6276); Jetty Creek (45.6615,-123.9103); Lost Creek 
(45.7216,-123.7164); Neahkahnie Creek (45.7197,-123.9247); Nehalem River 
(45.7507,-123.6530); Peterson Creek (45.6975,-123.8098); Piatt Canyon 
(45.6844,-123.6983); Roy Creek (45.7174,-123.8038); Snark Creek 
(45.7559,-123.6713); Unnamed (45.6336,-123.8549); Unnamed (45.6454,-
123.8663); Unnamed (45.6483,-123.8605); Unnamed (45.6814,-123.8786); 
Unnamed (45.7231,-123.9016).
    (3) Wilson/Trask/Nestucca Subbasin 17100203--(i) Little Nestucca 
River Watershed 1710020301. Outlet(s) = Little Nestucca River (Lat 
45.1827, Long -123.9543) upstream to endpoint(s) in: Austin Creek 
(45.1080,-123.8748); Austin Creek, West Fork (45.1074,-123.8894); Baxter 
Creek (45.1149,-123.7705); Bear Creek (45.1310,-123.8500); Bowers Creek 
(45.1393,-123.9198); Cedar Creek (45.0971,-123.8094); Fall Creek 
(45.1474,-123.8767); Hiack Creek (45.0759,-123.8042); Kautz Creek 
(45.0776,-123.8317); Kellow Creek (45.1271,-123.9072); Little Nestucca 
River (45.0730,-123.7825); Little Nestucca River, South Fork (45.0754,-
123.8393); Louie Creek (45.1277,-123.7869); McKnight Creek (45.1124,-
123.8363); Small Creek (45.1151,-123.8227); Sourgrass Creek (45.0917,-
123.7623); Sourgrass Creek, Trib A (45.1109,-123.7664); Squaw Creek 
(45.1169,-123.8938); Stillwell Creek (45.0919,-123.8141); Unnamed 
(45.1169,-123.7974).
    (ii) Nestucca River Watershed 1710020302. Outlet(s) = Nestucca Bay 
(Lat 45.1607, Long -123.9678) upstream to endpoint(s) in: Alder Creek 
(45.1436,-123.7998); Alder Creek (45.2436,-123.7364); Bays Creek 
(45.3197,-123.7240); Bear Creek (45.3188,-123.6022); Bear Creek 
(45.3345,-123.7898); Beulah Creek (45.2074,-123.6747); Bible Creek 
(45.2331,-123.5868); Boulder Creek (45.2530,-123.7525); Buck Creek 
(45.1455,-123.7734); Cedar Creek

[[Page 708]]

(45.3288,-123.4531); Clarence Creek (45.2649,-123.6395); Clear Creek 
(45.1725,-123.8660); Crazy Creek (45.1636,-123.7595); Dahl Fork 
(45.2306,-123.7076); East Beaver Creek (45.3579,-123.6877); East Creek 
(45.3134,-123.6348); Elk Creek (45.3134,-123.5645); Elk Creek, Trib A 
(45.2926,-123.5381); Elk Creek, Trib B (45.2981,-123.5471); Fan Creek 
(45.2975,-123.4994); Farmer Creek (45.2593,-123.9074); Foland Creek 
(45.2508,-123.7890); Foland Creek, West Fork (45.2519,-123.8025); George 
Creek (45.2329,-123.8291); Ginger Creek (45.3283,-123.4680); Hartney 
Creek (45.2192,-123.8632); Horn Creek (45.2556,-123.9212); Lawrence 
Creek (45.1861,-123.7852); Limestone Creek (45.2472,-123.7169); Mina 
Creek (45.2444,-123.6197); Moon Creek (45.3293,-123.6762); North Beaver 
Creek (45.3497,-123.8961); Nestucca River (45.3093,-123.4077); Niagara 
Creek (45.1898,-123.6637); Pheasant Creek (45.2121,-123.6366); Pollard 
Creek (45.1951,-123.7958); Powder Creek (45.2305,-123.6974); Saling 
Creek (45.2691,-123.8474); Sanders Creek (45.2254,-123.8959); Slick Rock 
Creek (45.2683,-123.6106); Swab Creek (45.2889,-123.7656); Testament 
Creek (45.2513,-123.5488); Three Rivers (45.1785,-123.7557); Tiger Creek 
(45.3405,-123.8029); Tiger Creek, Trib A (45.3346,-123.8547); Tony Creek 
(45.2575,-123.7735); Turpy Creek (45.2537,-123.7620); Unnamed (45.1924,-
123.8202); Unnamed (45.2290,-123.9398); Unnamed (45.3018,-123.4636); 
Unnamed (45.3102,-123.6628); Unnamed (45.3148,-123.6616); Unnamed 
(45.3158,-123.8679); Unnamed (45.3292,-123.8872); Walker Creek 
(45.2914,-123.4207); West Beaver Creek (45.3109,-123.8840); West Creek 
(45.2899,-123.8514); Wildcat Creek (45.3164,-123.8187); Wolfe Creek 
(45.3113,-123.7658); Woods Creek (45.1691,-123.8070).
    (iii) Tillamook River Watershed 1710020303. Outlet(s) = Tillamook 
River (Lat 45.4682, Long -123.8802) upstream to endpoint(s) in: Bear 
Creek (45.4213,-123.8885); Beaver Creek (45.4032,-123.8861); Bewley 
Creek (45.3637,-123.8965); Esther Creek (45.4464,-123.9017); Fawcett 
Creek (45.3824,-123.7210); Joe Creek (45.3754,-123.8257); Killam Creek 
(45.4087,-123.7276); Mills Creek (45.3461,-123.7915); Munson Creek 
(45.3626,-123.7681); Simmons Creek (45.3605,-123.7364); Sutton Creek 
(45.4049,-123.8568); Tillamook River (45.3595,-123.9115); Tomlinson 
Creek (45.4587,-123.8868); Unnamed (45.3660,-123.8313); Unnamed 
(45.3602,-123.8466); Unnamed (45.3654,-123.9050); Unnamed (45.3987,-
123.7105); Unnamed (45.4083,-123.8160); Unnamed (45.4478,-123.8670); 
Unnamed (45.3950,-123.7348).
    (iv) Trask River Watershed 1710020304. Outlet(s) = Trask River (Lat 
45.4682, Long -123.8802) upstream to endpoint(s) in: Bales Creek 
(45.3712,-123.5786); Bark Shanty Creek (45.4232,-123.5550); Bear Creek 
(45.4192,-123.7408); Bill Creek (45.3713,-123.6386); Blue Bus Creek 
(45.4148,-123.5949); Boundry Creek (45.3493,-123.5470); Clear Creek 
1 (45.4638,-123.5571); Clear Creek 2 (45.5025,-
123.4683); Cruiser Creek (45.4201,-123.4753); Dougherty Slough 
(45.4684,-123.7888); East Fork of South Fork Trask River (45.3563,-
123.4752); Edwards Creek (45.3832,-123.6676); Elkhorn Creek, Trib C 
(45.4080,-123.4440); Elkhorn Creek (45.3928,-123.4709); Gold Creek 
(45.4326,-123.7218); Green Creek (45.4510,-123.7361); Hatchery Creek 
(45.4485,-123.6623); Headquarters Camp Creek (45.3317,-123.5072); 
Hoquarten Slough (45.4597,-123.8480); Joyce Creek (45.3881,-123.6386); 
Michael Creek (45.4799,-123.5119); Mill Creek (45.4100,-123.7450); 
Miller Creek (45.3582,-123.5666); Pigeon Creek (45.3910,-123.5656); Rawe 
Creek (45.4395,-123.6351); Rock Creek (45.3515,-123.5074); Samson Creek 
(45.4662,-123.6439); Scotch Creek (45.4015,-123.5873); Steampot Creek 
(45.3875,-123.5425); Stretch Creek (45.3483,-123.5382); Summit Creek 
(45.3481,-123.6054); Summit Creek, South Fork (45.3473,-123.6145); Trask 
River, North Fork, Middle Fork (45.4472,-123.3945); Trask River, North 
Fork, North Fork (45.5275,-123.4177); Trask River, South Fork (45.3538,-
123.6445); Trib A (45.3766,-123.5191); Trib B (45.3776,-123.4988); 
Unnamed

[[Page 709]]

(45.3639,-123.6054); Unnamed (45.4105,-123.7741); Unnamed (45.4201,-
123.6320); Unnamed (45.4220,-123.7654).
    (v) Wilson River Watershed 1710020305. Outlet(s) = Wilson River (Lat 
45.4816, Long -123.8708) upstream to endpoint(s) in: Beaver Creek 
(45.4894,-123.7933); Ben Smith Creek (45.5772,-123.5072); Cedar Creek 
(45.5869,-123.6228); Cedar Creek, North Fork (45.6066,-123.6151); Deo 
Creek (45.6000,-123.3716); Drift Creek (45.6466,-123.3944); Elk Creek 
(45.6550,-123.4620); Elk Creek, West Fork (45.6208,-123.4717); Elliott 
Creek (45.5997,-123.3925); Fall Creek (45.4936,-123.5616); Fox Creek 
(45.5102,-123.5869); Hatchery Creek (45.4835,-123.7074); Hughey Creek 
(45.4540,-123.7526); Idiot Creek (45.6252,-123.4296); Jones Creek 
(45.6028,-123.5702); Jordan Creek (45.5610,-123.4557); Jordan Creek, 
South Fork (45.5099,-123.5279); Kansas Creek (45.4861,-123.6434); Morris 
Creek (45.6457,-123.5409); Tuffy Creek (45.5787,-123.4702); Unnamed 
(45.4809,-123.8362); Unnamed (45.5758,-123.5226); Unnamed (45.5942,-
123.4259); Unnamed (45.6002,-123.5939); Unnamed (45.6151,-123.4385); 
White Creek (45.5181,-123.7223); Wilson River, Devil's Lake Fork 
(45.6008,-123.3301); Wilson River, North Fork (45.6679,-123.5138); 
Wilson River, North Fork, Little (45.5283,-123.6771); Wilson River, 
North Fork, West Fork (45.6330,-123.5879); Wilson River, North Fork, 
West Fork, North Fork (45.6495,-123.5779); Wilson River, South Fork 
(45.5567,-123.3965); Wolf Creek (45.5683,-123.6129).
    (vi) Kilchis River Watershed 1710020306. Outlet(s) = Kilchis River 
(Lat 45.4927, Long -123.8615) upstream to endpoint(s) in: Clear Creek 
(45.5000,-123.7647); Coal Creek (45.5004,-123.8085); Company Creek 
(45.5892,-123.7370); French Creek (45.6318,-123.6926); Kilchis River, 
Little South Fork (45.5668,-123.7178); Kilchis River, North Fork 
(45.6044,-123.6504); Kilchis River, South Fork (45.5875,-123.6944); 
Mapes Creek (45.5229,-123.8382); Murphy Creek (45.5320,-123.8341); 
Myrtle Creek (45.5296,-123.8156); Sam Downs Creek (45.5533,-123.7144); 
Schroeder Creek (45.6469,-123.7064); Unnamed (45.5625,-123.7593).
    (vii) Miami River Watershed 1710020307. Outlet(s) = Miami River (Lat 
45.5597, Long -123.8904) upstream to endpoint(s) in: Diamond Creek 
(45.6158,-123.8184); Hobson Creek (45.5738,-123.8970); Illingsworth 
Creek (45.5547,-123.8693); Miami River (45.6362,-123.7533); Miami River, 
Trib S (45.6182,-123.8004); Miami River, Trib T (45.6546,-123.7463); 
Minich Creek (45.5869,-123.8936); Moss Creek (45.5628,-123.8319); 
Peterson Creek (45.6123,-123.8996); Prouty Creek (45.6304,-123.8435); 
Stuart Creek (45.6042,-123.8442); Unnamed (45.6317,-123.7906); Unnamed 
(45.6341,-123.7900); Waldron Creek (45.5856,-123.8483).
    (viii) Tillamook Bay Watershed 1710020308. Outlet(s) = Tillamook Bay 
(Lat 45.5600, Long -123.9366) upstream to endpoint(s) in: Douthy Creek 
(45.5277,-123.8570); Electric Creek (45.5579,-123.8925); Hall Slough 
(45.4736,-123.8637); Jacoby Creek (45.5297,-123.8665); Kilchis River 
(45.4927,-123.8615); Larson Creek (45.5366,-123.8849); Miami River 
(45.5597,-123.8904); Patterson Creek (45.5359,-123.8732); Tillamook Bay 
(45.4682,-123.8802); Vaughn Creek (45.5170,-123.8516); Wilson River 
(45.4816,-123.8708).
    (ix) Spring Creek/Sand Lake/Neskowin Creek Frontal Watershed 
1710020309. Outlet(s) = Crescent Lake (45.6360,-123.9405); Neskowin 
Creek (45.1001,-123.9859); Netarts Bay (45.4339,-123.9512); Rover Creek 
(45.3290,-123.9670); Sand Creek (45.2748,-123.9589); Watesco Creek 
(45.5892,-123.9477) upstream to endpoint(s) in: Andy Creek (45.2905,-
123.8744); Butte Creek (45.1159,-123.9360); Crescent Lake (45.6320,-
123.9376); Davis Creek (45.3220,-123.9254); Fall Creek (45.0669,-
123.9679); Hawk Creek (45.1104,-123.9436); Jackson Creek (45.3568,-
123.9611); Jewel Creek (45.2865,-123.8905); Jim Creek (45.0896,-
123.9224); Lewis Creek (45.0835,-123.8979); Meadow Creek (45.0823,-
123.9824); Neskowin Creek (45.0574,-123.8812); Prospect Creek (45.0858,-
123.9321); Reneke Creek

[[Page 710]]

(45.2594,-123.9434); Rover Creek (45.3284,-123.9438); Sand Creek 
(45.3448,-123.9156); Sloan Creek (45.0718,-123.8998); Watesco Creek 
(45.5909,-123.9353); Whiskey Creek (45.3839,-123.9193).
    (4) Siletz/Yaquina Subbasin 17100204-(i) Upper Yaquina River 
Watershed 1710020401. Outlet(s) = Yaquina River (Lat 44.6219, Long -
123.8741) upstream to endpoint(s) in: Bales Creek (44.6893,-123.7503); 
Bales Creek, East Fork (44.6927,-123.7363); Bales Creek, East Fork, Trib 
A (44.6827,-123.7257); Bales Creek (44.6610,-123.8749); Bones Creek 
(44.6647,-123.6762); Bryant Creek (44.6746,-123.7139); Buckhorn Creek 
(44.6676,-123.6677); Buttermilk Creek (44.6338,-123.6827); Buttermilk 
Creek, Trib A (44.6518,-123.7173); Carlisle Creek (44.6451,-123.8847); 
Cline Creek (44.6084,-123.6844); Cook Creek (44.6909,-123.8583); Crystal 
Creek (44.6500,-123.8132); Davis Creek (44.6500,-123.6587); Eddy Creek 
(44.6388,-123.7951); Felton Creek (44.6626,-123.6502); Haxel Creek 
(44.6781,-123.8046); Hayes Creek (44.6749,-123.7749); Humphrey Creek 
(44.6697,-123.6329); Klamath Creek (44.6927,-123.8431); Little Elk Creek 
(44.6234,-123.6628); Little Elk Creek,Trib A (44.6196,-123.7583); Little 
Yaquina River (44.6822,-123.6123); Lytle Creek (44.6440,-123.5979); 
Miller Creek (44.6055,-123.7030); Oglesby Creek (44.6421,-123.7271); 
Oglesby Creek, Trib A (44.6368,-123.7100); Peterson Creek (44.6559,-
123.7868); Randall Creek (44.6721,-123.6570); Salmon Creek (44.6087,-
123.7379); Simpson Creek (44.6775,-123.8780); Sloop Creek (44.6654,-
123.8595); Spilde Creek (44.6636,-123.5856); Stony Creek (44.6753,-
123.7020); Thornton Creek (44.6923,-123.8208); Trapp Creek (44.6455,-
123.8307); Twentythree Creek (44.6887,-123.8751); Unnamed (44.6074,-
123.6738); Unnamed (44.6076,-123.7067); Unnamed (44.6077,-123.6633); 
Unnamed (44.6123,-123.6646); Unnamed (44.6188,-123.7237); Unnamed 
(44.6202,-123.7201); Unnamed (44.6367,-123.7444); Unnamed (44.6415,-
123.6237); Unnamed (44.6472,-123.7793); Unnamed (44.6493,-123.6789); 
Unnamed (44.6707,-123.7908); Unnamed (44.6715,-123.6907); Unnamed 
(44.6881,-123.6089); Unnamed (44.6908,-123.7298); Wakefield Creek 
(44.6336,-123.6963); Yaquina River (44.6894,-123.5907); Young Creek 
(44.6372,-123.6027).
    (ii) Big Elk Creek Watershed 1710020402. Outlet(s) = Elk Creek (Lat 
44.6219, Long -123.8741) upstream to endpoint(s) in: Adams Creek 
(44.5206,-123.6349); Baker Creek (44.5230,-123.6346); Bear Creek 
(44.5966,-123.8299); Beaver Creek (44.6040,-123.7999); Beaverdam Creek 
(44.5083,-123.6337); Bevens Creek (44.5635,-123.7371); Bull Creek 
(44.5408,-123.8162); Bull Creek (44.5431,-123.8142); Bull Creek, Trib A 
(44.5359,-123.8276); Cougar Creek (44.5070,-123.6482); Cougar Creek 
(44.5861,-123.7563); Deer Creek (44.6020,-123.7667); Devils Well Creek 
(44.6324,-123.8438); Dixon Creek (44.6041,-123.8659); Elk Creek 
(44.5075,-123.6022); Feagles Creek (44.4880,-123.7180); Feagles Creek, 
Trib B (44.5079,-123.6909); Feagles Creek, West Fork (44.5083,-
123.7117); Grant Creek (44.5010,-123.7363); Harve Creek (44.5725,-
123.8025); Jackass Creek (44.5443,-123.7790); Johnson Creek (44.5466,-
123.6336); Lake Creek (44.5587,-123.6826); Leverage Creek (44.5536,-
123.6343); Little Creek (44.5548,-123.6980); Little Wolf Creek 
(44.5590,-123.7165); Peterson Creek (44.5576,-123.6450); Rail Creek 
(44.5135,-123.6639); Spout Creek (44.5824,-123.6561); Sugarbowl Creek 
(44.5301,-123.5995); Unnamed (44.5048,-123.7566); Unnamed (44.5085,-
123.6309); Unnamed (44.5108,-123.6249); Unnamed (44.5144,-123.6554); 
Unnamed (44.5204,-123.6148); Unnamed (44.5231,-123.6714); Unnamed 
(44.5256,-123.6804); Unnamed (44.5325,-123.7244); Unnamed (44.5332,-
123.7211); Unnamed (44.5361,-123.7139); Unnamed (44.5370,-123.7643); 
Unnamed (44.5376,-123.6176); Unnamed (44.5410,-123.8213); Unnamed 
(44.5504,-123.8290); Unnamed (44.5530,-123.8282); Unnamed (44.5618,-
123.8431); Unnamed (44.5687,-123.8563); Unnamed (44.5718,-123.7256); 
Unnamed (44.5734,-123.6696); Unnamed (44.5737,-123.6566); Unnamed

[[Page 711]]

(44.5771,-123.7027); Unnamed (44.5821,-123.8123); Unnamed (44.5840,-
123.6678); Unnamed (44.5906,-123.7871); Unnamed (44.5990,-123.7808); 
Unnamed (44.5865,-123.8521); Wolf Creek (44.5873,-123.6939); Wolf Creek, 
Trib A (44.5862,-123.7188); Wolf Creek, Trib B (44.5847,-123.7062).
    (iii) Lower Yaquina River Watershed 1710020403. Outlet(s) = Yaquina 
River (Lat 44.6098, Long -124.0818) upstream to endpoint(s) in: Abbey 
Creek (44.6330,-123.8881); Babcock Creek (44.5873,-123.9221); Beaver 
Creek (44.6717,-123.9799); Blue Creek (44.6141,-123.9936); Boone Slough, 
Trib A (44.6134,-123.9769); Depot Creek, Little (44.6935,-123.9482); 
Depot Creek, Trib A (44.6837,-123.9420); Drake Creek (44.6974,-
123.9690); East Fork Mill Creek (44.5691,-123.8834); Flesher Slough 
(44.5668,-123.9803); King Slough (44.5944,-124.0323); Little Beaver 
Creek (44.6531,-123.9728); McCaffery Slough (44.5659,-124.0180); Mill 
Creek (44.5550,-123.9064); Mill Creek, Trib A (44.5828,-123.8750); 
Montgomery Creek (44.5796,-123.9286); Nute Slough (44.6075,-123.9660); 
Olalla Creek (44.6810,-123.8972); Olalla Creek, Trib A (44.6511,-
123.9034); Parker Slough (44.5889,-124.0119); Unnamed (44.5471,-
123.9557); Unnamed (44.5485,-123.9308); Unnamed (44.5520,-123.9433); 
Unnamed (44.5528,-123.9695); Unnamed (44.5552,-123.9294); Unnamed 
(44.5619,-123.9348); Unnamed (44.5662,-123.8905); Unnamed (44.5827,-
123.9456); Unnamed (44.5877,-123.8850); Unnamed (44.6444,-123.9059); 
Unnamed (44.6457,-123.9996); Unnamed (44.6530,-123.9914); Unnamed 
(44.6581,-123.8947); Unnamed (44.6727-123.8942); Unnamed (44.6831,-
123.9940); West Olalla Creek (44.6812,-123.9299); West Olalla Creek, 
Trib A (44.6649,-123.9204); Wessel Creek (44.6988,-123.9863); Wright 
Creek (44.5506,-123.9250); Wright Creek, Trib A (44.5658,-123.9422); 
Yaquina River (44.6219,-123.8741).
    (iv) Middle Siletz River Watershed 1710020405. Outlet(s) = Siletz 
River (Lat 44.7375, Long -123.7917) upstream to endpoint(s) in: Buck 
Creek, East Fork (44.8410,-123.7970); Buck Creek, South Fork (44.8233,-
123.8095); Buck Creek, West Fork (44.8352,-123.8084); Cerine Creek 
(44.7478,-123.7198); Deer Creek (44.8245,-123.7268); Deer Creek, Trib A 
(44.8178,-123.7397); Elk Creek (44.8704,-123.7668); Fourth of July Creek 
(44.8203,-123.6810); Gunn Creek (44.7816,-123.7679); Holman River 
(44.8412,-123.7707); Mill Creek, North Fork (44.7769,-123.7361); Mill 
Creek, South Fork (44.7554,-123.7276); Palmer Creek (44.7936,-123.8344); 
Siletz River (44.8629,-123.7323); Sunshine Creek (44.7977,-123.6963); 
Unnamed (44.7691,-123.7851); Unnamed (44.7747,-123.7740); Unnamed 
(44.7749,-123.7662); Unnamed (44.8118,-123.6926); Unnamed (44.8188,-
123.6995); Unnamed (44.8312,-123.6983); Unnamed (44.8583,-123.7573); 
Whiskey Creek (44.8123,-123.6937).
    (v) Rock Creek/Siletz River Watershed 1710020406. Outlet(s) = Rock 
Creek (Lat 44.7375, Long -123.7917) upstream to endpoint(s) in: Beaver 
Creek (44.7288,-123.6773); Big Rock Creek (44.7636,-123.6969); Brush 
Creek (44.6829,-123.6582); Cedar Creek (44.7366,-123.6586); Fisher Creek 
(44.7149,-123.6359); Little Rock Creek (44.7164,-123.6155); Little 
Steere Creek (44.7219,-123.6368); Rock Creek, Trib A (44.7414,-
123.7508); Steere Creek (44.7336,-123.6313); Unnamed (44.7175,-
123.6496); William Creek (44.7391,-123.7277).
    (vi) Lower Siletz River Watershed 1710020407. Outlet(s) = Siletz Bay 
(Lat 44.9269, Long -124.0218) upstream to endpoint(s) in: Anderson Creek 
(44.9311,-123.9508); Bear Creek (44.8682,-123.8891); Bentilla Creek 
(44.7745,-123.8555); Butterfield Creek (44.8587,-123.9993); Cedar Creek 
(44.8653,-123.8488); Cedar Creek, Trib D (44.8606,-123.8696); Coon Creek 
(44.7959,-123.8468); Dewey Creek (44.7255,-123.9724); Drift Creek 
(44.9385,-123.8211); Erickson Creek (44.9629,-123.9490); Euchre Creek 
(44.8023,-123.8687); Fowler Creek (44.9271,-123.8440); Gordey Creek 
(44.9114,-123.9724); Hough Creek (44.8052,-123.8991); Jaybird Creek 
(44.7640,-123.9733); Long Prairie Creek (44.6970,-123.7499); Long Tom 
Creek (44.7037,-123.8533); Mann Creek (44.6987,-123.8025); Mill Creek

[[Page 712]]

(44.6949,-123.8967); Miller Creek (44.7487,-123.9733); North Creek 
(44.9279,-123.8908); North Roy Creek (44.7916,-123.9897); Ojalla Creek 
(44.7489,-123.9427); Quarry Creek (44.8989,-123.9360); Reed Creek 
(44.8020,-123.8835); Reed Creek (44.8475,-123.9267); Roots Creek 
(44.8300,-123.9351); South Roy Creek (44.7773,-123.9847); Sam Creek 
(44.7086,-123.7312); Sampson Creek (44.9089,-123.8173); Savage Creek 
(44.8021,-123.8608); Scare Creek (44.8246,-123.9954); Schooner Creek, 
North Fork (44.9661,-123.8793); Schooner Creek, South Fork (44.9401,-
123.8689); Scott Creek (44.7414,-123.8268); Sijota Creek (44.8883,-
124.0257); Siletz River (44.7375,-123.7917); Skunk Creek (44.8780,-
123.9073); Smith Creek (44.9294,-123.8056); Stemple Creek (44.8405,-
123.9492); Tangerman Creek (44.7278,-123.8944); Thayer Creek (44.7023,-
123.8256); Thompson Creek (44.7520,-123.8893); Unnamed (44.7003,-
123.7669); Unnamed (44.8904,-123.8034); Unnamed (44.8927,-123.8400); 
Unnamed (44.7034,-123.7754); Unnamed (44.7145,-123.8423); Unnamed 
(44.7410,-123.8800); Unnamed (44.7925,-123.9212); Unnamed (44.8396,-
123.8896); Unnamed (44.9035,-123.8635); Unnamed (44.9240,-123.7913); 
West Fork Mill Creek (44.7119,-123.9703); Wildcat Creek (44.8915,-
123.8842).
    (vii) Salmon River/Siletz/Yaquina Bay Watershed 1710020408. 
Outlet(s) = Salmon River (Lat 45.0474, Long -124.0031) upstream to 
endpoint(s) in: Alder Brook (45.0318,-123.8428); Bear Creek (44.9785,-
123.8580); Boulder Creek (45.0428,-123.7817); Calkins Creek (45.0508,-
123.9615); Crowley Creek (45.0540,-123.9819); Curl Creek (45.0150,-
123.9198); Deer Creek (45.0196,-123.8091); Frazer Creek (45.0096,-
123.9576); Gardner Creek (45.0352,-123.9024); Indian Creek (45.0495,-
123.8010); Little Salmon River (45.0546,-123.7473); McMullen Creek 
(44.9829,-123.8682); Panther Creek (45.0208,-123.8878); Panther Creek, 
North Fork (45.0305,-123.8910); Prairie Creek (45.0535,-123.8129); Rowdy 
Creek (45.0182,-123.9751); Salmon River (45.0269,-123.7224); Slick Rock 
Creek (44.9903,-123.8158); Sulphur Creek (45.0403,-123.8216); Telephone 
Creek (45.0467,-123.9348); Toketa Creek (45.0482,-123.9088); Trout Creek 
(44.9693,-123.8337); Unnamed (44.9912,-123.8789); Unnamed (45.0370,-
123.7333); Unnamed (45.0433,-123.7650); Widow Creek (45.0373,-123.8530); 
Widow Creek, West Fork (45.0320,-123.8643); Willis Creek (45.0059,-
123.9391).
    (viii) Devils Lake/Moolack Frontal Watershed 1710020409. Outlet(s) = 
Big Creek (Lat 44.6590, Long -124.0571); Coal Creek (44.7074,-124.0615); 
D River (44.9684,-124.0172); Fogarty Creek (44.8395,-124.0520); Moolack 
Creek (44.7033,-124.0622); North Depoe Bay Creek (44.8098,-124.0617); 
Schoolhouse Creek (44.8734,-124.0401); Spencer Creek (44.7292,-
124.0582); Wade Creek (44.7159,-124.0600) upstream to endpoint(s) in: 
Big Creek (44.6558,-124.0427); Coal Creek (44.7047,-124.0099); Devils 
Lake (44.9997,-123.9773); Fogarty Creek (44.8563,-124.0153); Jeffries 
Creek (44.6425,-124.0315); Moolack Creek (44.6931,-124.0150); North 
Depoe Bay Creek (44.8157,-124.0510); Rock Creek (44.9869,-123.9317); 
South Depoe Bay Creek (44.7939,-124.0126); Salmon Creek (44.8460,-
124.0164); Schoolhouse Creek (44.8634,-124.0151); South Fork Spencer 
Creek (44.7323,-123.9974); Spencer Creek, North Fork (44.7453,-
124.0276); Unnamed (44.8290,-124.0318); Unnamed (44.9544,-123.9867); 
Unnamed (44.9666,-123.9731); Unnamed (44.9774,-123.9706); Wade Creek 
(44.7166,-124.0057).
    (5) Alsea Subbasin 17100205--(i) Upper Alsea River Watershed 
1710020501. Outlet(s) = Alsea River, South Fork (Lat 44.3767, Long -
123.6024) upstream to endpoint(s) in: Alder Creek (44.4573,-123.5188); 
Alsea River, South Fork (44.3261,-123.4891); Baker Creek (44.4329,-
123.5522); Banton Creek (44.3317,-123.6020); Brown Creek (44.3151,-
123.6250); Bummer Creek (44.3020,-123.5765); Cabin Creek (44.4431,-
123.5328); Crooked Creek (44.4579,-123.5099); Dubuque Creek (44.3436,-
123.5527); Ernest Creek (44.4234,-123.5275); Hayden Creek (44.4062,-
123.5815); Honey Grove Creek (44.3874,-123.5078); North Fork Alsea River 
(44.4527,-123.6102); Parker Creek

[[Page 713]]

(44.4702,-123.5978); Peak Creek (44.3358,-123.4933); Record Creek 
(44.3254,-123.6331); Seeley Creek (44.4051,-123.5177); Swamp Creek 
(44.3007,-123.6108); Tobe Creek (44.3273,-123.5719); Trout Creek 
(44.3684,-123.5163); Unnamed (44.3108,-123.6225); Unnamed (44.3698,-
123.5670); Unnamed (44.4574,-123.5001); Unnamed (44.3708,-123.5740); 
Unnamed (44.3713,-123.5656); Unnamed (44.3788,-123.5528); Unnamed 
(44.4270,-123.5492); Unnamed (44.4518,-123.6236); Yew Creek (44.4581,-
123.5373); Zahn Creek (44.4381,-123.5425).
    (ii) Five Rivers/Lobster Creek Watershed 1710020502. Outlet(s) = 
Five Rivers (Lat 44.3584, Long -123.8279) upstream to endpoint(s) in: 
Alder Creek (44.2947,-123.8105); Bear Creek (44.2824,-123.9123); Bear 
Creek (44.3588,-123.7930); Bear Creek (44.2589,-123.6647); Briar Creek 
(44.3184,-123.6602); Buck Creek (44.2428,-123.8989); Camp Creek 
(44.2685,-123.7552); Cascade Creek (44.3193,-123.9073); Cascade Creek, 
North Fork (44.3299,-123.8932); Cedar Creek (44.2732,-123.7753); Cherry 
Creek (44.3061,-123.8140); Coal Creek (44.2881,-123.6484); Cook Creek 
(44.2777,-123.6445); Cougar Creek (44.2723,-123.8678); Crab Creek 
(44.2458,-123.8750); Crazy Creek (44.2955,-123.7927); Crooked Creek 
(44.3154,-123.7986); Elk Creek (44.3432,-123.7969); Fendall Creek 
(44.2764,-123.7890); Five Rivers (44.2080,-123.8025); Green River 
(44.2286,-123.8751); Green River, East Fork (44.2255,-123.8143); Jasper 
Creek (44.2777,-123.7326); Little Lobster Creek (44.2961,-123.6266); 
Lobster Creek, East Fork (44.2552,-123.5897); Lobster Creek, South Fork 
(44.2326,-123.6060); Lobster Creek (44.2237,-123.6195); Lord Creek 
(44.2411,-123.7631); Martha Creek (44.2822,-123.6781); Meadow Creek 
(44.2925,-123.6591); Phillips Creek (44.3398,-123.7613); Preacher Creek 
(44.2482,-123.7440); Prindel Creek (44.2346,-123.7849); Ryan Creek 
(44.2576,-123.7971); Summers Creek (44.2589,-123.7627); Swamp Creek 
(44.3274,-123.8407); Unnamed (44.2845,-123.7007); Unnamed (44.2129,-
123.7919); Unnamed (44.2262,-123.7982); Unnamed (44.2290,-123.8559); 
Unnamed (44.2327,-123.8344); Unnamed (44.2356,-123.8178); Unnamed 
(44.2447,-123.6460); Unnamed (44.2500,-123.8074); Unnamed (44.2511,-
123.9011); Unnamed (44.2551,-123.8733); Unnamed (44.2614,-123.8652); 
Unnamed (44.2625,-123.8635); Unnamed (44.2694,-123.8180); Unnamed 
(44.2695,-123.7429); Unnamed (44.2696,-123.8497); Unnamed (44.2752,-
123.7616); Unnamed (44.2760,-123.7121); Unnamed (44.2775,-123.8895); 
Unnamed (44.2802,-123.7097); Unnamed (44.2802,-123.8608); Unnamed 
(44.2823,-123.7900); Unnamed (44.2853,-123.7537); Unnamed (44.2895,-
123.9083); Unnamed (44.2940,-123.7358); Unnamed (44.2954,-123.7602); 
Unnamed (44.2995,-123.7760); Unnamed (44.3024,-123.9064); Unnamed 
(44.3066,-123.8838); Unnamed (44.3070,-123.8280); Unnamed (44.3129,-
123.7763); Unnamed (44.3214,-123.8161); Unnamed (44.3237,-123.9020); 
Unnamed (44.3252,-123.7382); Unnamed (44.3289,-123.8354); Unnamed 
(44.3336,-123.7431); Unnamed (44.3346,-123.7721); Wilkinson Creek 
(44.3296,-123.7249); Wilson Creek (44.3085,-123.8990).
    (iii) Drift Creek Watershed 1710020503. Outlet(s) = Drift Creek (Lat 
44.4157, Long -124.0043) upstream to endpoint(s) in: Boulder Creek 
(44.4434,-123.8705); Bush Creek (44.5315,-123.8631); Cape Horn Creek 
(44.5153,-123.7844); Cedar Creek (44.4742,-123.9699); Cougar Creek 
(44.4405,-123.9144); Deer Creek (44.5514,-123.8778); Drift Creek 
(44.4688,-123.7859); Ellen Creek (44.4415,-123.9413); Flynn Creek 
(44.5498,-123.8520); Gold Creek (44.4778,-123.8802); Gopher Creek 
(44.5217,-123.7787); Horse Creek (44.5347,-123.9072); Lyndon Creek 
(44.4395,-123.9801); Needle Branch (44.5154,-123.8537); Nettle Creek 
(44.4940,-123.7845); Slickrock Creek (44.4757,-123.9007); Trout Creek 
(44.4965,-123.9113); Trout Creek, East Fork (44.4705,-123.9290); Unnamed 
(44.4995,-123.8488); Unnamed

[[Page 714]]

(44.4386,-123.9200); Unnamed (44.4409,-123.8738); Unnamed (44.4832,-
123.9570); Unnamed (44.4868,-123.9340); Unnamed (44.4872,-123.9518); 
Unnamed (44.4875,-123.9460); Unnamed (44.4911,-123.9227); Unnamed 
(44.5187,-123.7996); Unnamed (44.5260,-123.7848); Unnamed (44.5263,-
123.8868); Unnamed (44.5326,-123.8453); Unnamed (44.5387,-123.8440); 
Unnamed (44.5488,-123.8694); Unnamed (44.4624,-123.8216).
    (iv) Lower Alsea River Watershed 1710020504. Outlet(s) = Alsea River 
(Lat 44.4165, Long -124.0829) upstream to endpoint(s) in: Alsea River 
(44.3767,-123.6024); Arnold Creek (44.3922,-123.9503); Barclay Creek 
(44.4055,-123.8659); Bear Creek (44.3729,-123.9623); Bear Creek 
(44.3843,-123.7704); Beaty Creek (44.4044,-123.6043); Benner Creek 
(44.3543,-123.7447); Brush Creek (44.3826,-123.8537); Bull Run Creek 
(44.4745,-123.7439); Canal Creek (44.3322,-123.9460); Canal Creek, East 
Fork (44.3454,-123.9161); Carns Canyon (44.4027,-123.7550); Cedar Creek 
(44.3875,-123.7946); Cove Creek (44.4403,-123.7107); Cow Creek 
(44.3620,-123.7510); Darkey Creek (44.3910,-123.9927; Digger Creek 
(44.3906,-123.6890); Fall Creek (44.4527,-123.6864); Fall Creek 
(44.4661,-123.6933); George Creek (44.3556,-123.8603); Grass Creek 
(44.3577,-123.8798); Hatchery Creek (44.3952,-123.7269); Hatchery Creek 
(44.4121,-123.8734); Hoover Creek (44.3618,-123.8583); Lake Creek 
(44.3345,-123.8725); Lint Creek (44.3850,-124.0490); Maltby Creek 
(44.3833,-123.6770); Meadow Fork (44.3764,-123.8879); Mill Creek 
(44.4046,-123.6436); Minotti Creek (44.3750,-123.7718); Nye Creek 
(44.4326,-123.7648); Oxstable Creek (44.3912,-123.9603); Phillips Creek 
(44.3803,-123.7780); Red Creek (44.3722,-123.9162); Risley Creek 
(44.4097,-123.9380); Schoolhouse Creek (44.3897,-123.6545); Scott Creek, 
East Fork (44.4252,-123.7897); Scott Creek, West Fork (44.4212,-
123.8225); Skinner Creek (44.3585,-123.9374); Skunk Creek (44.3998,-
123.6912); Slide Creek (44.3986,-123.8419); Starr Creek (44.4477,-
124.0130); Sudan Creek (44.3817,-123.9717); Sulmon Creek (44.3285,-
123.7008); Sulmon Creek, North Fork (44.3421,-123.6374); Sulmon Creek, 
South Fork (44.3339,-123.6709); Swede Fork (44.3852,-124.0295); Unnamed 
(44.3319,-123.9318); Unnamed (44.3356,-123.9464); Unnamed (44.3393,-
123.9360); Unnamed (44.3413,-123.9294); Unnamed (44.3490,-123.9058); 
Unnamed (44.3548,-123.6574); Unnamed (44.3592,-123.6363); Unnamed 
(44.3597,-123.9042); Unnamed (44.3598,-123.6563); Unnamed (44.3598,-
123.6562); Unnamed (44.3600,-123.6514); Unnamed (44.3656,-123.9085); 
Unnamed (44.3680,-123.9629); Unnamed (44.3794,-123.8268); Unnamed 
(44.3800,-123.9134); Unnamed (44.3814,-123.7650); Unnamed (44.3822,-
124.0555); Unnamed (44.3823,-124.0451); Unnamed (44.3989,-123.6050); 
Unnamed (44.4051,-124.0527); Unnamed (44.4166,-123.8149); Unnamed 
(44.4537,-123.7247); Walker Creek (44.4583,-124.0271); Weist Creek 
(44.3967,-124.0256); West Creek (44.3588,-123.9493).
    (v) Beaver Creek/Waldport Bay Watershed 1710020505. Outlet(s) = 
Beaver Creek (Lat 44.5233, Long -124.0734); Deer Creek (44.5076,-
124.0807); Thiel Creek (44.5646,-124.0709) upstream to endpoint(s) in: 
Beaver Creek, North Fork, Trib G (44.5369,-123.9195); Beaver Creek, 
South Fork (44.4816,-123.9853); Beaver Creek, South Fork, Trib A 
(44.4644,-124.0332); Bowers Creek (44.5312,-124.0117); Bunnel Creek 
(44.5178,-124.0265); Deer Creek (44.5057,-124.0721); Elkhorn Creek 
(44.5013,-123.9572); Elkhorn Creek (44.4976,-123.9685); Lewis Creek 
(44.5326,-123.9532); North Fork Beaver Creek (44.5149,-123.8988); Oliver 
Creek (44.4660,-124.0471); Peterson Creek (44.5419,-123.9738); Pumphouse 
Creek (44.5278,-124.0569); Simpson Creek (44.5255,-124.0390); Thiel 
Creek (44.5408,-124.0254); Tracy Creek (44.5411,-124.0500); Unnamed 
(44.4956,-123.9751); Unnamed (44.5189,-124.0638); Unnamed (44.5225,-
123.9313); Unnamed (44.5256,-123.9399); Unnamed (44.5435,-124.0221); 
Unnamed

[[Page 715]]

(44.5461,-124.0311); Unnamed (44.5472,-124.0591); Unnamed (44.5482,-
124.0249); Unnamed (44.5519,-124.0279); Unnamed (44.5592,-124.0531); 
Worth Creek (44.5013,-124.0207).
    (vi) Yachats River Watershed 1710020506. Outlet(s) = Yachats River 
(Lat 44.3081, Long -124.1070) upstream to endpoint(s) in: Axtell Creek 
(44.3084,-123.9915); Beamer Creek (44.3142,-124.0124); Bend Creek 
(44.2826,-124.0077); Carson Creek (44.3160,-124.0030); Dawson Creek 
(44.2892,-124.0133); Depew Creek (44.3395,-123.9631); Earley Creek 
(44.3510,-123.9885); Fish Creek (44.3259,-123.9592); Glines Creek 
(44.3436,-123.9756); Grass Creek (44.2673,-123.9109); Helms Creek 
(44.2777,-123.9954); Keller Creek (44.2601,-123.9485); Little Beamer 
Creek (44.2993,-124.0213); Reedy Creek (44.3083,-124.0460); South Beamer 
Creek (44.2852,-124.0325); Stump Creek (44.2566,-123.9624); Unnamed 
(44.2596,-123.9279); Unnamed (44.2657,-123.9585); Unnamed (44.2660,-
123.9183); Unnamed (44.2684,-123.9711); Unnamed (44.2837,-123.9268); 
Unnamed (44.2956,-123.9316); Unnamed (44.3005,-123.9324); Unnamed 
(44.3163,-123.9428); Unnamed (44.3186,-123.9568); Unnamed (44.3259,-
123.9578); Unnamed (44.3431,-123.9711); West Fork Williamson Creek 
(44.3230,-124.0008); Williamson Creek (44.3300,-124.0026); Yachats River 
(44.2468,-123.9329); Yachats River, North Fork (44.3467,-123.9972); 
Yachats River, School Fork (44.3145,-123.9341).
    (vii) Cummins Creek/Tenmile Creek/Mercer Lake Frontal Watershed 
1710020507. Outlet(s) = Berry Creek (Lat 44.0949, Long -124.1221); Big 
Creek (44.1767,-124.1148); Bob Creek (44.2448,-124.1118); Cape Creek 
(44.1336,-124.1211); Cummins Creek (44.2660,-124.1075); Rock Creek 
(44.1833,-124.1149); Sutton Creek (44.0605,-124.1269); Tenmile Creek 
(44.2245,-124.1083) upstream to endpoint(s) in: Bailey Creek (44.1037,-
124.0530); Berry Creek (44.0998,-124.0885); Big Creek (44.1866,-
123.9781); Big Creek, South Fork (44.1692,-123.9688); Big Creek, Trib A 
(44.1601,-124.0231); Bob Creek (44.2346,-124.0235); Cape Creek 
(44.1351,-124.0174); Cape Creek, North Fork (44.1458,-124.0489); Cummins 
Creek (44.2557,-124.0104); Fryingpan Creek (44.1723,-124.0401); Levage 
Creek (44.0745,-124.0588); Little Cummins Creek (44.2614,-124.0851); 
McKinney Creek (44.2187,-123.9985); Mercer Creek (44.0712,-124.0796); 
Mill Creek (44.2106,-124.0747); Quarry Creek (44.0881,-124.1124); Rath 
Creek (44.0747,-124.0901); Rock Creek (44.1882,-124.0310); Tenmile Creek 
(44.2143,-123.9351); Tenmile Creek, South Fork (44.2095,-123.9607); 
Unnamed (44.1771,-124.0908); Unnamed (44.0606,-124.0805); Unnamed 
(44.0624,-124.0552); Unnamed (44.0658,-124.0802); Unnamed (44.0690,-
124.0490); Unnamed (44.0748,-124.0478); Unnamed (44.0814,-124.0464); 
Unnamed (44.0958,-124.0559); Unnamed (44.1283,-124.0242); Unnamed 
(44.1352,-124.0941); Unnamed (44.1712,-124.0558); Unnamed (44.1715,-
124.0636); Unnamed (44.2011,-123.9634); Unnamed (44.2048,-123.9971); 
Unnamed (44.2146,-124.0358); Unnamed (44.2185,-124.0270); Unnamed 
(44.2209,-123.9368); Wapiti Creek (44.1216,-124.0448); Wildcat Creek 
(44.2339,-123.9632).
    (viii) Big Creek/Vingie Creek Watershed 1710020508. Outlet(s) = Big 
Creek (Lat 44.3742, Long -124.0896) upstream to endpoint(s) in: Big 
Creek (44.3564,-124.0613); Dicks Fork Big Creek (44.3627,-124.0389); 
Reynolds Creek (44.3768,-124.0740); South Fork Big Creek (44.3388,-
124.0597); Unnamed (44.3643,-124.0355); Unnamed (44.3662,-124.0573); 
Unnamed (44.3686,-124.0683).
    (6) Siuslaw Subbasin 17100206--(i) Upper Siuslaw River Watershed 
1710020601. Outlet(s) = Siuslaw River (Lat 44.0033, Long -123.6545) 
upstream to endpoint(s) in: Bear Creek (43.8482,-123.5172); Bear Creek, 
Trib A (43.8496,-123.5059); Bierce Creek (43.8750,-123.5559); Big Canyon 
Creek (43.9474,-123.6582); Bottle Creek (43.8791,-123.3871); Bounds 
Creek (43.9733,-123.7108); Buck Creek, Trib B (43.8198,-123.3913); Buck 
Creek, Trib E (43.8152,-123.4248); Burntwood Creek

[[Page 716]]

(43.9230,-123.5342); Cabin Creek (43.8970,-123.6754); Camp Creek 
(43.9154,-123.4904); Canyon Creek (43.9780,-123.6096); Clay Creek 
(43.8766,-123.5721); Collins Creek (43.8913,-123.6047); Conger Creek 
(43.8968,-123.4524); Doe Creek (43.8957,-123.3558); Doe Hollow Creek 
(43.8487,-123.4603); Dogwood Creek (43.8958,-123.3811); Douglas Creek 
(43.8705,-123.2836); Edris Creek (43.9224,-123.5531); Esmond Creek 
(43.8618,-123.5772); Esmond Creek, Trib 1 (43.9303,-123.6518); Esmond 
Creek, Trib A (43.8815,-123.6646); Farman Creek (43.8761,-123.2562); 
Fawn Creek (43.8743,-123.2992); Fawn Creek (43.9436,-123.6088); 
Fryingpan Creek (43.8329,-123.4241); Fryingpan Creek (43.8422,-
123.4318); Gardner Creek (43.8024,-123.2582); Haight Creek (43.8406,-
123.4862); Haskins Creek (43.8785,-123.5851); Hawley Creek (43.8599,-
123.1558); Hawley Creek, North Fork (43.8717,-123.1751); Holland Creek 
(43.8775,-123.4156); Jeans Creek (43.8616,-123.4714); Johnson Creek 
(43.8822,-123.5332); Kelly Creek (43.8338,-123.1739); Kline Creek 
(43.9034,-123.6635); Leopold Creek (43.9199,-123.6890); Leopold Creek, 
Trib A (43.9283,-123.6630); Letz Creek, Trib B (43.7900,-123.3248); Lick 
Creek (43.8366,-123.2695); Little Siuslaw Creek (43.8048,-123.3412); 
Lucas Creek (43.8202,-123.2233); Luyne Creek (43.9155,-123.5068); Luyne 
Creek, Trib A (43.9179,-123.5208); Michaels Creek (43.8624,-123.5417); 
Mill Creek (43.9028,-123.6228); Norris Creek (43.8434,-123.2006); North 
Creek (43.9223,-123.5752); North Fork Siuslaw River (43.8513,-123.2302); 
Oxbow Creek (43.8384,-123.5433); Oxbow Creek, Trib C (43.8492,-
123.5465); Pheasant Creek (43.9120,-123.4247); Pheasant Creek, Trib 2 
(43.9115,-123.4411); Pugh Creek (43.9480,-123.5940); Russell Creek 
(43.8813,-123.3425); Russell Creek, Trib A (43.8619,-123.3498); Sandy 
Creek (43.7684,-123.2441); Sandy Creek, Trib B (43.7826,-123.2538); Shaw 
Creek (43.8817,-123.3289); Siuslaw River, East Trib (43.8723,-123.5378); 
Siuslaw River, North Fork, Upper Trib (43.8483,-123.2275); Smith Creek 
(43.8045,-123.3665); South Fork Siuslaw River (43.7831,-123.1569); Trail 
Creek (43.9142,-123.6241); Tucker Creek (43.8159,-123.1604); Unnamed 
(43.7796,-123.2019); Unnamed (43.7810,-123.2818); Unnamed (43.8278,-
123.2610); Unnamed (43.8519,-123.2773); Unnamed (43.8559,-123.5520); 
Unnamed (43.8670,-123.6022); Unnamed (43.8876,-123.5194); Unnamed 
(43.8902,-123.5609); Unnamed (43.8963,-123.4171); Unnamed (43.8968,-
123.4731); Unnamed (43.8992,-123.4033); Unnamed (43.9006,-123.4637); 
Unnamed (43.9030,-123.6434); Unnamed (43.9492,-123.6924); Unnamed 
(43.9519,-123.6886); Unnamed (43.9784,-123.6815); Unnamed (43.9656,-
123.7145); Whittaker Creek (43.9490,-123.7004); Whittaker Creek, Trib B 
(43.9545,-123.7121).
    (ii) Wolf Creek Watershed 1710020602. Outlet(s) = Wolf Creek (Lat 
43.9548, Long -123.6205) upstream to endpoint(s) in: Bill Lewis Creek 
(43.9357,-123.5708); Cabin Creek (43.9226,-123.4081); Eames Creek 
(43.9790,-123.4352); Eames Creek, Trib C (43.9506,-123.4371); Elkhorn 
Creek (43.9513,-123.3934); Fish Creek (43.9238,-123.3872); Gall Creek 
(43.9865,-123.5187); Gall Creek, Trib 1 (43.9850,-123.5285); Grenshaw 
Creek (43.9676,-123.4645); Lick Creek (43.9407,-123.5796); Oat Creek, 
Trib A (43.9566,-123.5052); Oat Creek, Trib C (43.9618,-123.4902); Oat 
Creek (43.9780,-123.4761); Panther Creek (43.9529,-123.3744); Pittenger 
Creek (43.9713,-123.5434); Saleratus Creek (43.9796,-123.5675); 
Saleratus Creek, Trib A (43.9776,-123.5797); Swamp Creek (43.9777,-
123.4197); Swing Log Creek (43.9351,-123.3339); Unnamed (43.9035,-
123.3358); Unnamed (43.9343,-123.3648); Unnamed (43.9617,-123.4507); 
Unnamed (43.9668,-123.6041); Unnamed (43.9693,-123.4846); Van Curen 
Creek (43.9364,-123.5520); Wolf Creek (43.9101,-123.3234).
    (iii) Wildcat Creek Watershed 1710020603. Outlet(s) = Wildcat Creek 
(Lat 44.0033, Long -123.6545) upstream to endpoint(s) in: Bulmer Creek 
(44.0099,-123.5206); Cattle Creek (44.0099,-123.5475); Fish Creek 
(44.0470,-123.5383); Fowler Creek (43.9877,-123.5918); Haynes Creek 
(44.1000,-123.5578); Kirk Creek

[[Page 717]]

(44.0282,-123.6270); Knapp Creek (44.1006,-123.5801); Miller Creek 
(44.0767,-123.6034); Pataha Creek (43.9914,-123.5361); Potato Patch 
Creek (43.9936,-123.5812); Salt Creek (44.0386,-123.5021); Shady Creek 
(44.0647,-123.5838); Shultz Creek (44.0220,-123.6320); Unnamed 
(43.9890,-123.5468); Unnamed (44.0210,-123.4805); Unnamed (44.0233,-
123.4996); Unnamed (44.0242,-123.4796); Unnamed (44.0253,-123.4963); 
Unnamed (44.0283,-123.5311); Unnamed (44.0305,-123.5275); Unnamed 
(44.0479,-123.6199); Unnamed (44.0604,-123.5624); Unnamed (44.0674,-
123.6075); Unnamed (44.0720,-123.5590); Unnamed (44.0839,-123.5777); 
Unnamed (44.0858,-123.5787); Unnamed (44.0860,-123.5741); Unnamed 
(44.0865,-123.5935); Unnamed (44.0945,-123.5838); Unnamed (44.0959,-
123.5902); Walker Creek (44.0469,-123.6312); Walker Creek, Trib C 
(44.0418,-123.6048); Wildcat Creek (43.9892,-123.4308); Wildcat Creek, 
Trib ZH (43.9924,-123.4975); Wildcat Creek, Trib ZI (44.0055,-123.4681).
    (iv) Lake Creek Watershed 1710020604. Outlet(s) = Lake Creek (Lat 
44.0556, Long -123.7968) upstream to endpoint(s) in: Chappell Creek 
(44.1158,-123.6921); Conrad Creek (44.1883,-123.4918); Druggs Creek 
(44.1996,-123.5926); Fish Creek (44.1679,-123.5149); Green Creek 
(44.1389,-123.7930); Greenleaf Creek (44.1766,-123.6391); Hula Creek 
(44.1202,-123.7087); Johnson Creek (44.1037,-123.7327); Lake Creek 
(44.2618,-123.5148); Lamb Creek (44.1401,-123.5991); Leaver Creek 
(44.0754,-123.6285); Leibo Canyon (44.2439,-123.4648); Little Lake Creek 
(44.1655,-123.6004); McVey Creek (44.0889,-123.6875); Nelson Creek 
(44.1229,-123.5558); North Fork Fish Creek (44.1535,-123.5437); Pontius 
Creek (44.1911,-123.5909); Pope Creek (44.2118,-123.5319); Post Creek 
(44.1828,-123.5259); Stakely Canyon (44.2153,-123.4690); Steinhauer 
Creek (44.1276,-123.6594); Swamp Creek (44.2150,-123.5687); Swartz Creek 
(44.2304,-123.4461); Target Canyon (44.2318,-123.4557); Unnamed 
(44.1048,-123.6540); Unnamed (44.1176,-123.5846); Unnamed (44.1355,-
123.5473); Unnamed (44.1355,-123.6125); Unnamed (44.1382,-123.5539); 
Unnamed (44.1464,-123.5843); Unnamed (44.1659,-123.5658); Unnamed 
(44.1725,-123.5981); Unnamed (44.1750,-123.5914); Unnamed (44.1770,-
123.5697); Unnamed (44.1782,-123.5419); Unnamed (44.1798,-123.5834); 
Unnamed (44.1847,-123.5862); Unnamed (44.2042,-123.5700); Unnamed 
(44.2143,-123.5873); Unnamed (44.2258,-123.4493); Unnamed (44.2269,-
123.5478); Unnamed (44.2328,-123.5285); Unnamed (44.2403,-123.5358); 
Unnamed (44.2431,-123.5105); Unnamed (44.2437,-123.5739); Unnamed 
(44.2461,-123.5180); Unnamed (44.2484,-123.5501); Unnamed (44.2500,-
123.5691); Unnamed (44.2573,-123.4736); Unnamed (44.2670,-123.4840); 
Wheeler Creek (44.1232,-123.6778).
    (v) Deadwood Creek Watershed 1710020605. Outlet(s) = Deadwood Creek 
(Lat 44.0949, Long -123.7594) upstream to endpoint(s) in: Alpha Creek 
(44.1679,-123.6951); Bear Creek (44.1685,-123.6627); Bear Creek, South 
Fork (44.1467,-123.6743); Buck Creek (44.2003,-123.6683); Deadwood Creek 
(44.2580,-123.6885); Deadwood Creek, West Fork (44.1946,-123.8023); Deer 
Creek (44.1655,-123.7229); Failor Creek (44.1597,-123.8003); Fawn Creek 
(44.2356,-123.7244); Karlstrom Creek (44.1776,-123.7133); Misery Creek 
(44.1758,-123.7950); North Fork Panther Creek (44.2346,-123.7362); 
Panther Creek (44.2273,-123.7558); Raleigh Creek (44.1354,-123.6926); 
Rock Creek (44.1812,-123.6683); Schwartz Creek (44.1306,-123.7258); 
Unnamed (44.2011,-123.7273); Unnamed (44.1806,-123.7693); Unnamed 
(44.1845,-123.6824); Unnamed (44.1918,-123.7521); Unnamed (44.1968,-
123.7664); Unnamed (44.2094,-123.6674); Unnamed (44.2149,-123.7639); 
Unnamed (44.2451,-123.6705); Unnamed (44.2487,-123.7137); Unnamed 
(44.2500,-123.6933).
    (vi) Indian Creek/Lake Creek Watershed 1710020606. Outlet(s) = 
Indian Creek (Lat 44.0808, Long -123.7891) upstream

[[Page 718]]

to endpoint(s) in: Cremo Creek (44.1424,-123.8144); Elk Creek (44.1253,-
123.8821); Gibson Creek (44.1548,-123.8132); Herman Creek (44.2089,-
123.8220); Indian Creek (44.2086,-123.9171); Indian Creek, North Fork 
(44.2204,-123.9016); Indian Creek, West Fork (44.2014,-123.9075); Long 
Creek (44.1395,-123.8800); Maria Creek (44.1954,-123.9219); Pyle Creek 
(44.1792,-123.8623); Rogers Creek (44.1851,-123.9397); Smoot Creek 
(44.1562,-123.8449); Taylor Creek (44.1864,-123.8115); Unnamed 
(44.1643,-123.8993); Unnamed (44.1727,-123.8154); Unnamed (44.1795,-
123.9180); Unnamed (44.1868,-123.9002); Unnamed (44.1905,-123.8633); 
Unnamed (44.1967,-123.8872); Unnamed (44.2088,-123.8381); Unnamed 
(44.2146,-123.8528); Unnamed (44.2176,-123.8462); Unnamed (44.2267,-
123.8912); Velvet Creek (44.1295,-123.8087).
    (vii) North Fork Siuslaw River Watershed 1710020607. Outlet(s) = 
North Fork Siuslaw River (Lat 43.9719, Long -124.0783) upstream to 
endpoint(s) in: Billie Creek (44.0971,-124.0362); Cataract Creek 
(44.0854,-123.9497); Cedar Creek (44.1534,-123.9045); Condon Creek 
(44.1138,-123.9984); Coon Creek (44.0864,-124.0318); Deer Creek 
(44.1297,-123.9475); Drew Creek (44.1239,-123.9801); Drew Creek 
(44.1113,-123.9854); Elma Creek (44.1803,-123.9434); Hanson Creek 
(44.0776,-123.9328); Haring Creek (44.0307,-124.0462); Lawrence Creek 
(44.1710,-123.9504); Lindsley Creek (44.0389,-124.0591); McLeod Creek 
(44.1050,-123.8805); Morris Creek (44.0711,-124.0308); Porter Creek 
(44.1490,-123.9641); Russell Creek (44.0680,-123.9848); Sam Creek 
(44.1751,-123.9527); Slover Creek (44.0213,-124.0531); South Russell 
Creek (44.0515,-123.9840); Taylor Creek (44.1279,-123.9052); Uncle Creek 
(44.1080,-124.0174); Unnamed (43.9900,-124.0784); Unnamed (43.9907,-
124.0759); Unnamed (43.9953,-124.0514); Unnamed (43.9958,-124.0623); 
Unnamed (43.9999,-124.0694); Unnamed (44.0018,-124.0596); Unnamed 
(44.0050,-124.0556); Unnamed (44.0106,-124.0650); Unnamed (44.0135,-
124.0609); Unnamed (44.0166,-124.0371); Unnamed (44.0194,-124.0631); 
Unnamed (44.0211,-124.0663); Unnamed (44.0258,-124.0594); Unnamed 
(44.0304,-124.0129); Unnamed (44.0327,-124.0670); Unnamed (44.0337,-
124.0070); Unnamed (44.0342,-124.0056); Unnamed (44.0370,-124.0391); 
Unnamed (44.0419,-124.0013); Unnamed (44.0441,-124.0321); Unnamed 
(44.0579,-124.0077); Unnamed (44.0886,-124.0192); Unnamed (44.0892,-
123.9925); Unnamed (44.0941,-123.9131); Unnamed (44.0976,-124.0033); 
Unnamed (44.1046,-123.9032); Unnamed (44.1476,-123.8959); Unnamed 
(44.1586,-123.9150); West Branch North Fork Siuslaw River (44.1616,-
123.9616); Wilhelm Creek (44.1408,-123.9774).
    (viii) Lower Siuslaw River Watershed 1710020608. Outlet(s) = Siuslaw 
River (Lat 44.0160, Long -124.1327) upstream to endpoint(s) in: Barber 
Creek (44.0294,-123.7598); Beech Creek (44.0588,-123.6980); Berkshire 
Creek (44.0508,-123.8890); Bernhardt Creek (43.9655,-123.9532); Brush 
Creek (44.0432,-123.7798); Brush Creek, East Fork (44.0414,-123.7782); 
Cedar Creek (43.9696,-123.9304); Cleveland Creek (44.0773,-123.8343); 
Demming Creek (43.9643,-124.0313); Dinner Creek (44.0108,-123.8069); 
Divide Creek (44.0516,-123.9421); Duncan Inlet (44.0081,-123.9921); 
Hadsall Creek (43.9846,-123.8221); Hadsall Creek, Trib D (43.9868,-
123.8500); Hadsall Creek, Trib E (43.9812,-123.8359); Hanson Creek 
(44.0364,-123.9628); Hoffman Creek (43.9808,-123.9412); Hollenbeck Creek 
(44.0321,-123.8672); Hood Creek (43.9996,-123.7995); Karnowsky Creek 
(43.9847,-123.9658); Knowles Creek (43.9492,-123.7315); Knowles Creek, 
Trib L (43.9717,-123.7830); Lawson Creek, Trib B (43.9612,-123.9659); 
Meadow Creek (44.0311,-123.6490); Munsel Creek (44.0277,-124.0788); Old 
Man Creek (44.0543,-123.8022); Pat Creek (44.0659,-123.7245); Patterson 
Creek (43.9984,-124.0234); Rice Creek (44.0075,-123.8519); Rock Creek 
(44.0169,-123.6512); South Fork Waite Creek (43.9929,-123.7105); San 
Antone Creek (44.0564,-123.6515); Shoemaker Creek (44.0669,-123.8977); 
Shutte Creek

[[Page 719]]

(43.9939,-124.0339); Siuslaw River (44.0033,-123.6545); Skunk Hollow 
(43.9830,-124.0626); Smith Creek (44.0393,-123.6674); Spencer Creek 
(44.0676,-123.8809); Sulphur Creek (43.9822,-123.8015); Sweet Creek 
(43.9463,-123.9016); Sweet Creek, Trib A (44.0047,-123.8907); Sweet 
Creek, Trib D (43.9860,-123.8811); Thompson Creek (44.0974,-123.8615); 
Turner Creek (44.0096,-123.7607); Unnamed (43.9301,-124.0434); Unnamed 
(43.9596,-124.0337); Unnamed (43.9303,-124.0487); Unnamed (43.9340,-
124.0529); Unnamed (43.9367,-124.0632); Unnamed (43.9374,-124.0442); 
Unnamed (43.9481,-124.0530); Unnamed (43.9501,-124.0622); Unnamed 
(43.9507,-124.0533); Unnamed (43.9571,-124.0658); Unnamed (43.9576,-
124.0491); Unnamed (43.9587,-124.0988); Unnamed (43.9601,-124.0927); 
Unnamed (43.9615,-124.0527); Unnamed (43.9618,-124.0875); Unnamed 
(43.9624,-123.7499); Unnamed (43.9662,-123.7639); Unnamed (43.9664,-
123.9252); Unnamed (43.9718,-124.0389; Unnamed (43.9720,-124.0075); 
Unnamed (43.9751,-124.0090); Unnamed (43.9784,-124.0191); Unnamed 
(43.9796,-123.9150); Unnamed (43.9852,-123.9802); Unnamed (43.9878,-
123.9845); Unnamed (43.9915,-123.9732); Unnamed (43.9938,-123.9930); 
Unnamed (43.9942,-123.8547); Unnamed (43.9943,-123.9891); Unnamed 
(43.9954,-124.1185); Unnamed (43.9956,-123.7074); Unnamed (43.9995,-
123.9825); Unnamed (44.0023,-123.7317); Unnamed (44.0210,-123.7874); 
Unnamed (44.0240,-123.8989); Unnamed (44.0366,-123.7363); Unnamed 
(44.0506,-123.9068); Waite Creek (43.9886,-123.7220); Walker Creek 
(44.0566,-123.9129); Wilson Creek (44.0716,-123.8792).
    (7) Siltcoos Subbasin 17100207--(i) Waohink River/Siltcoos River/
Tahkenitch Lake Frontal Watershed 1710020701. Outlet(s) = Siltcoos River 
(Lat 43.8766, Long -124.1548); Tahkenitch Creek (43.8013,-124.1689) 
upstream to endpoint(s) in: Alder Creek (43.8967,-124.0114); Bear Creek 
(43.9198,-123.9293); Bear Creek Trib (43.9030,-123.9881); Bear Creek, 
South Fork (43.9017,-123.9555); Bell Creek (43.8541,-123.9718); Billy 
Moore Creek (43.8876,-123.9604); Carle Creek (43.9015,-124.0210); Carter 
Creek (43.9457,-124.0123); Dismal Swamp (43.8098,-124.0871); Elbow Lake 
Creek (43.7886,-124.1490); Fiddle Creek (43.9132,-123.9164); Fivemile 
Creek (43.8297,-123.9776); Grant Creek (43.9373,-124.0278); Harry Creek 
(43.8544,-124.0220); Henderson Canyon (43.8648,-123.9654); Henderson 
Creek (43.9427,-123.9704); John Sims Creek (43.8262,-124.0792); King 
Creek (43.8804,-124.0300); Lane Creek (43.8437,-124.0765); Leitel Creek 
(43.8181,-124.0200); Mallard Creek (43.7775,-124.0852); Maple Creek 
(43.9314,-123.9316); Maple Creek, North Prong (43.9483,-123.9510); Miles 
Canyon (43.8643,-124.0097); Miller Creek (43.9265,-124.0663); Mills 
Creek (43.8966,-124.0397); Morris Creek (43.8625,-123.9541); Perkins 
Creek (43.8257,-124.0448); Rider Creek (43.9210,-123.9700); Roache Creek 
(43.9087,-124.0049); Schrum Creek (43.9194,-124.0492); Schultz Creek 
(43.9245,-123.9371); Stokes Creek (43.9161,-123.9984); Tenmile Creek 
(43.9419,-123.9447); Unnamed (43.8928,-124.0461); Unnamed (43.7726,-
124.1021); Unnamed (43.7741,-124.1313); Unnamed (43.7756,-124.1363); 
Unnamed (43.7824,-124.1342); Unnamed (43.7829,-124.0852); Unnamed 
(43.7837,-124.0812); Unnamed (43.7849,-124.0734); Unnamed (43.7862,-
124.0711); Unnamed (43.7865,-124.1107); Unnamed (43.7892,-124.1163); 
Unnamed (43.7897,-124.0608); Unnamed (43.7946,-124.0477); Unnamed 
(43.7964,-124.0643); Unnamed (43.8015,-124.0450); Unnamed (43.8078,-
124.0340); Unnamed (43.8095,-124.1362); Unnamed (43.8112,-124.0608); 
Unnamed (43.8152,-124.0981); Unnamed (43.8153,-124.1314); Unnamed 
(43.8172,-124.0752); Unnamed (43.8231,-124.0853); Unnamed (43.8321,-
124.0128); Unnamed (43.8322,-124.0069); Unnamed (43.8323,-124.1016); 
Unnamed (43.8330,-124.0217); Unnamed

[[Page 720]]

(43.8361,-124.1209); Unnamed (43.8400,-123.9802); Unnamed (43.8407,-
124.1051); Unnamed (43.8489,-124.0634); Unnamed (43.8500,-123.9852); 
Unnamed (43.8504,-124.1248); Unnamed (43.8504,-124.0024); Unnamed 
(43.8507,-124.0511); Unnamed (43.8589,-124.1231); Unnamed (43.8596,-
124.0438); Unnamed (43.8605,-124.1211); Unnamed (43.8669,-124.0717); 
Unnamed (43.8670,-124.0327); Unnamed (43.8707,-124.0689); Unnamed 
(43.8802,-124.0605); Unnamed (43.8862,-124.0570); Unnamed (43.8913,-
123.9380); Unnamed (43.8919,-124.0771); Unnamed (43.8976,-124.0725); 
Unnamed (43.9032,-124.0651); Unnamed (43.9045,-124.0548); Unnamed 
(43.9057,-124.0606); Unnamed (43.9065,-124.0656); Unnamed (43.9105,-
124.0453); Unnamed (43.9106,-124.0203); Unnamed (43.9202,-124.0786); 
Unnamed (43.9209,-124.0734); Unnamed (43.9237,-124.0155); Unnamed 
(43.9249,-124.0074); Unnamed (43.9274,-124.0759); Unnamed (43.9275,-
124.0308); Unnamed (43.9360,-124.0892); Unnamed (43.9365,-124.0297); 
Unnamed (43.9424,-124.0981); Unnamed (43.9438,-124.0929); Unnamed 
(43.9453,-124.0752); Unnamed (43.9518,-123.9953).
    (8) North Fork Umpqua Subbasin 17100301--(i) Boulder Creek Watershed 
1710030106. Outlet(s) = Boulder Creek (Lat 43.3036, Long -122.5272) 
upstream to endpoint(s) in: Boulder Creek (Lat 43.3138, Long -122.5247)
    (ii) Middle North Umpqua Watershed 1710030107. Outlet(s) = North 
Umpqua River (Lat 43.3322, Long -123.0025) upstream to endpoint(s) in: 
Calf Creek (43.2852,-122.6229); Copeland Creek (43.2853,-122.5325); 
Deception Creek (43.2766,-122.5850); Dry Creek (43.2967,-122.6016); 
Honey Creek (43.3181,-122.9414); Limpy Creek (43.3020,-122.6795); North 
Umpqua River (43.3027,-122.4938); Panther Creek (43.3019,-122.6801); 
Steamboat Creek (43.3491,-122.7281); Susan Creek (43.3044,-122.9058); 
Williams Creek (43.3431,-122.7724).
    (iii) Rock Creek/North Umpqua River Watershed 1710030110. Outlet(s) 
= Rock Creek (Lat 43.3322, Long -123.0025) upstream to endpoint(s) in: 
Conley Creek (43.3594,-122.9663); Harrington Creek (43.4151,-122.9550); 
Kelly Creek (43.3592,-122.9912); McComas Creek (43.3536,-122.9923); 
Miller Creek (43.3864,-122.9371); Rock Creek (43.4247,-122.9055); Rock 
Creek, East Fork (43.3807,-122.8270); Rock Creek, East Fork, North Fork 
(43.4147,-122.8512); Shoup Creek (43.3882,-122.9674); Unnamed (43.3507,-
122.9741); Woodstock Creek (43.3905,-122.9258).
    (iv) Little River Watershed 1710030111. Outlet(s) = Little River 
(Lat 43.2978, Long -123.1012) upstream to endpoint(s) in: Buck Peak 
Creek (43.1762,-123.0479); Buckhorn Creek (43.2592,-123.1072); Cavitt 
Creek (43.1464,-122.9758); Copperhead Creek (43.1626,-123.0595); Emile 
Creek (43.2544,-122.8849); Evarts Creek (43.2087,-123.0133); Jim Creek 
(43.2257,-123.0592); Little River (43.2065,-122.8231); McKay Creek 
(43.2092,-123.0356); Tuttle Creek (43.1440,-122.9813); White Rock Creek 
(43.1540,-123.0379); Wolf Creek (43.2179,-122.9461).
    (v) Lower North Umpqua River Watershed 1710030112. Outlet(s) = North 
Umpqua River (Lat 43.2682, Long -123.4448) upstream to endpoint(s) in: 
Bradley Creek (43.3350,-123.1025); Clover Creek (43.2490,-123.2604); 
Cooper Creek (43.3420,-123.1650); Cooper Creek (43.3797,-123.2807); 
Dixon Creek (43.2770,-123.2911); French Creek (43.3349,-123.0801); 
Huntley Creek (43.3363,-123.1340); North Umpqua River (43.3322,-
123.0025); Oak Creek (43.2839,-123.2063); Short Creek (43.3204,-
123.3315); Sutherlin Creek (43.3677,-123.2114); Unnamed (43.3285,-
123.2016).
    (9) South Fork Umpqua Subbasin 17100302--(i) Jackson Creek Watershed 
1710030202. Outlet(s) = Jackson Creek (Lat 42.9695, Long -122.8795) 
upstream to endpoint(s) in: Beaver Creek (Lat 42.9084, Long -122.7924); 
Jackson Creek (Lat 42.9965, Long -122.6459); Ralph Creek (Lat 42.9744, 
Long -122.6976); Squaw Creek (Lat 42.9684, Long -122.6913);Tallow Creek 
(Lat 42.98814, Long -122.6965); Whiskey Creek (Lat

[[Page 721]]

42.9593, Long -122.7262); Winters Creek (Lat 42.9380, Long -122.8271).
    (ii) Middle South Umpqua River Watershed 1710030203. Outlet(s) = 
South Umpqua River (Lat 42.9272, Long -122.9504) upstream to endpoint(s) 
in: Boulder Creek (43.1056,-122.7379); Budd Creek (43.0506,-122.8185); 
Deadman Creek (43.0049,-122.8967); Dompier Creek (42.9553,-122.9166); 
Dumont Creek (43.0719,-122.8224); Francis Creek (43.0202,-122.8231); 
South Umpqua River (43.0481,-122.6998); Sam Creek (43.0037,-122.8412); 
Slick Creek (43.0986,-122.7867).
    (iii) Elk Creek/South Umpqua Watershed 1710030204. Outlet(s) = Elk 
Creek (Lat 42.9272, Long -122.9504) upstream to endpoint(s) in: Brownie 
Creek (Lat 42.8304, Long -122.8746); Callahan Creek (Lat 42.8778, Long -
122.9609); Camp Creek (Lat 42.8667, Long -122.8958); Dixon Creek (Lat 
42.8931, Long -122.9152); Drew Creek (Lat 42.8682, Long -122.9358); Flat 
Creek (Lat 42.8294, Long -122.8250); Joe Hall Creek (Lat 42.8756, Long -
122.8202); Tom Creek (Lat 42.8389, Long -122.8959).
    (iv) South Umpqua River Watershed 1710030205. Outlet(s) = South 
Umpqua River (Lat 42.9476, Long -123.3368) upstream to endpoint(s) in: 
Alder Creek (42.9109,-123.2991); Canyon Creek (42.8798,-123.2410); 
Canyon Creek, West Fork (42.8757,-123.2734); Canyon Creek, West Fork, 
Trib A (42.8834,-123.2947); Coffee Creek (42.9416,-122.9993); Comer 
Brook (42.9082,-123.2908); Days Creek (43.0539,-123.0012); Days Creek, 
Trib 1 (43.0351,-123.0532); Doe Hollow (42.9805,-123.0812); Fate Creek 
(42.9943,-123.1028); Green Gulch (43.0040,-123.1276); Hatchet Creek 
(42.9251,-122.9757); Jordan Creek (42.9224,-123.3086); Lavadoure Creek 
(42.9545,-123.1049); Lick Creek (42.9213,-123.0261); May Creek 
(43.0153,-123.0725); Morgan Creek (42.9635,-123.2409); O'Shea Creek 
(42.9256,-123.2486); Perdue Creek (43.0038,-123.1192); Poole Creek 
(42.9321,-123.1106); Poole Creek, East Fork (42.9147,-123.0956); South 
Umpqua River (42.9272,-122.9504); Shively Creek (42.8888,-123.1635); 
Shively Creek, East Fork (42.8793,-123.1194); Small Creek (42.9631,-
123.2519); St. John Creek (42.9598,-123.0514); Stinger Gulch Creek 
(42.9950,-123.1851); Stouts Creek, East Fork (42.9090,-123.0424); Stouts 
Creek, West Fork (42.8531,-123.0167); Sweat Creek (42.9293,-123.1899); 
Wood Creek (43.0048,-123.1486).
    (v) Middle Cow Creek Watershed 1710030207. Outlet(s) = Cow Creek 
(Lat 42.8114, Long -123.5947) upstream to endpoint(s) in: Bear Creek 
(42.8045,-123.3635); Booth Gulch (42.7804,-123.2282); Bull Run Creek 
(42.7555,-123.2366); Clear Creek (42.8218,-123.2610); Cow Creek 
(42.8487,-123.1780); Dads Creek (42.7650,-123.5401); East Fork 
Whitehorse Creek (42.7925,-123.1448); Fortune Branch (42.8051,-
123.2971); Hogum Creek (42.7574,-123.1853); Lawson Creek (42.7896,-
123.3752); Little Bull Run Creek (42.7532,-123.2479); McCullough Creek 
(42.7951,-123.4421); Mynatt Creek (42.8034,-123.2828); Panther Creek 
(42.7409,-123.4990); Perkins Creek (42.7331,-123.4997); Quines Creek 
(42.7278,-123.2396); Rattlesnake Creek (42.7106,-123.4774); Riffle Creek 
(42.7575,-123.6260); Section Creek (42.7300,-123.4373); Skull Creek 
(42.7527,-123.5779); Starveout Creek (42.7541,-123.1953); Stevens Creek 
(42.7255,-123.4835); Susan Creek (42.8035,-123.5762); Swamp Creek 
(42.7616,-123.3518); Tennessee Gulch (42.7265,-123.2591); Totten Creek 
(42.7448,-123.4610); Unnamed (42.7964,-123.4200); Unnamed (42.8101,-
123.3150); Whitehorse Creek (42.7772,-123.1532); Wildcat Creek 
(42.7738,-123.2378); Windy Creek (42.8221,-123.3296); Wood Creek 
(42.8141,-123.4111); Woodford Creek (42.7458,-123.3180).
    (vi) West Fork Cow Creek Watershed 1710030208. Outlet(s) = West Fork 
Cow Creek (Lat 42.8118, Long -123.6006) upstream to endpoint(s) in: Bear 
Creek (42.7662,-123.6741); Bobby Creek (42.8199,-123.7196); Elk Valley 
Creek (42.8681,-123.7133); Elk Valley Creek, East Fork (42.8698,-
123.6812); Goat Trail Creek (42.8002,-123.6828); Gold Mountain Creek 
(42.8639,-123.7787); No Sweat Creek (42.8024,-123.7081); Panther Creek 
(42.8596,-123.7506); Slaughter Pen Creek (42.8224,-123.6565); Sweat 
Creek (42.8018,-123.6995); Walker Creek (42.8228,-123.7614); Wallace 
Creek (42.8311,-123.7696); West Fork Cow Creek (42.8329,-123.7733).

[[Page 722]]

    (vii) Lower Cow Creek Watershed 1710030209. Outlet(s) = Cow Creek 
(Lat 42.9476, Long -123.3368) upstream to endpoint(s) in: Ash Creek 
(42.9052,-123.3385); Boulder Creek (42.8607,-123.5494); Brush Creek 
(42.8526,-123.4369); Buck Creek (42.8093,-123.4979); Buck Creek 
(42.9347,-123.5163); Cattle Creek (42.8751,-123.5374); Cedar Gulch 
(42.8457,-123.5038); Council Creek (42.8929,-123.4366); Cow Creek 
(42.8114,-123.5947); Darby Creek (42.8553,-123.6123); Doe Creek 
(42.9333,-123.5057); Gravel Creek (42.8596,-123.4598); Iron Mountain 
Creek (42.9035,-123.5175); Island Creek (42.8957,-123.4749); Jerry Creek 
(42.9517,-123.4009); Little Dads Creek (42.8902,-123.5655); Martin Creek 
(42.8080,-123.4763); Middle Creek, South Fork (42.8298,-123.3870); 
Panther Creek (42.8417,-123.4492); Peavine Creek (42.8275,-123.4610); 
Russell Creek (42.9094,-123.3797); Salt Creek (42.9462,-123.4830); 
Shoestring Creek (42.9221,-123.3613); Smith Creek (42.8489,-123.4765); 
Smith Creek (42.9236,-123.5482); Table Creek (42.9114,-123.5695); Union 
Creek (42.8769,-123.5853); Unnamed (42.8891,-123.4080).
    (viii) Middle South Umpqua River Watershed 1710030210. Outlet(s) = 
South Umpqua River (Lat 43.1172, Long -123.4273) upstream to endpoint(s) 
in: Adams Creek (43.0724,-123.4776); Barrett Creek (43.0145,-123.4451); 
Clark Brook (43.0980,-123.2897); East Willis Creek (43.0151,-123.3845); 
Judd Creek (42.9852,-123.4060); Kent Creek (43.0490,-123.4792); Lane 
Creek (42.9704,-123.4001); Porter Creek (43.0444,-123.4597); Rice Creek 
(43.0181,-123.4779); Richardson Creek (43.0766,-123.2881); South Umpqua 
River (42.9476,-123.3368); Squaw Creek (43.0815,-123.4688); Van Dine 
Creek (43.0326,-123.3473); West Willis Creek (43.0172,-123.4355).
    (ix) Myrtle Creek Watershed 1710030211. Outlet(s) = North Myrtle 
Creek (Lat 43.0231, Long -123.2951) upstream to endpoint(s) in: Ben 
Branch Creek (43.0544,-123.1618); Big Lick (43.0778,-123.2175); Bilger 
Creek (43.1118,-123.2372); Buck Fork Creek (43.1415,-123.0831); Cedar 
Hollow (43.0096,-123.2297); Frozen Creek (43.1089,-123.1929); Frozen 
Creek, Left Fork (43.1157,-123.2306); Harrison Young Brook (43.0610,-
123.2850); Lally Creek (43.0890,-123.0597); Lee Creek (43.1333,-
123.1477); Letitia Creek (43.0710,-123.0907); Little Lick (43.0492,-
123.2234); Long Wiley Creek (43.0584,-123.1067); Louis Creek (43.1165,-
123.0783); North Myrtle Creek (43.1486,-123.1219); Riser Creek 
(43.1276,-123.0703); Rock Creek (43.0729,-123.2620); South Myrtle Creek 
(43.0850,-123.0103); School Hollow (43.0563,-123.1753); Short Wiley 
Creek (43.0589,-123.1158); Slide Creek (43.1110,-123.1078); Unnamed 
(43.1138,-123.1721); Weaver Creek (43.1102,-123.0576).
    (x) Ollala Creek/Lookingglass Watershed 1710030212. Outlet(s) = 
Lookingglass Creek (Lat 43.1172, Long -123.4273) upstream to endpoint(s) 
in: Archambeau Creek (43.2070,-123.5329); Bear Creek (43.1233,-
123.6382); Berry Creek (43.0404,-123.5543); Bushnell Creek (43.0183,-
123.5289); Byron Creek, East Fork (43.0192,-123.4939); Byron Creek, 
North Fork (43.0326,-123.4792); Coarse Gold Creek (43.0291,-123.5742); 
Flournoy Creek (43.2227,-123.5560); Little Muley Creek (43.0950,-
123.6247); Lookingglass Creek (43.1597,-123.6015); McNabb Creek 
(43.0545,-123.4984); Muns Creek (43.0880,-123.6333); Olalla Creek 
(42.9695,-123.5914); Perron Creek (43.0960,-123.4904); Porter Creek 
(43.1381,-123.5569); Sheilds Creek (43.0640,-123.6189); Tenmile Creek 
(43.1482,-123.6537); Tenmile Creek, North Fork (43.1260,-123.6069); 
Thompson Creek (42.9860,-123.5140); Willingham Creek (42.9600,-
123.5814).
    (xi) Lower South Umpqua River Watershed 1710030213. Outlet(s) = 
South Umpqua River (Lat 43.2682, Long -123.4448) upstream to endpoint(s) 
in: Callahan Creek (43.2291,-123.5355); Damotta Brook (43.2030,-
123.2987); Deer Creek, North Fork (43.2166,-123.1437); Deer Creek, South 
Fork (43.1875,-123.1722); Deer Creek, South Fork, Trib 1 (43.1576,-
123.2393); Deer Creek, South Fork, Middle Fork (43.1625,-123.1413); 
Doerner Creek (43.2370,-123.5153); Elgarose Creek (43.2747,-123.5105); 
Marsters Creek (43.1584,-123.4489); Melton Creek (43.1294,-123.2173); 
Roberts Creek (43.1124,-123.2831); South Umpqua River (43.1172,-
123.4273);

[[Page 723]]

Stockel Creek (43.2205,-123.4392); Tucker Creek (43.1238,-123.2378); 
Unnamed (43.2184,-123.1709); Willow Creek (43.2543,-123.5143).
    (10) Umpqua Subbasin 17100303(i) Upper Umpqua River Watershed 
1710030301. Outlet(s) = Umpqua River (Lat 43.6329, Long -123.5662) 
upstream to endpoint(s) in: Bear Creek (43.3202,-123.6118); Bear Creek 
(43.5436,-123.4481); Bottle Creek (43.4060,-123.5043); Brads Creek 
(43.5852,-123.4651); Camp Creek (43.2969,-123.5361); Case Knife Creek 
(43.4288,-123.6665); Cedar Creek (43.5360,-123.5969); Cougar Creek 
(43.3524,-123.6166); Doe Creek (43.5311,-123.4259); Fitzpatrick Creek 
(43.5819,-123.6308); Galagher Canyon (43.4708,-123.4394); Heddin Creek 
(43.5909,-123.6466); Hubbard Creek (43.2526,-123.5544); Leonard Creek 
(43.4448,-123.5402); Little Canyon Creek (43.4554,-123.4560); Little 
Wolf Creek (43.4232,-123.6633); Little Wolf Creek, Trib D (43.4052,-
123.6477); Lost Creek (43.4355,-123.4902); Martin Creek (43.5539,-
123.4633); McGee Creek (43.5125,-123.5632); Mehl Creek (43.5491,-
123.6541); Mill Creek (43.3178,-123.5095); Miner Creek (43.4518,-
123.6764); Panther Canyon (43.5541,-123.3484); Porter Creek (43.4348,-
123.5530); Rader Creek (43.5203,-123.6517); Rader Creek, Trib A 
(43.4912,-123.5726); Umpqua River (43.2682,-123.4448); Unnamed 
(43.5781,-123.6170); Unnamed (43.5630,-123.6080); Unnamed (43.4011,-
123.6474); Unnamed (43.4119,-123.6172); Unnamed (43.4212,-123.6398); 
Unnamed (43.4640,-123.6734); Unnamed (43.4940,-123.6166); Unnamed 
(43.5765,-123.4710); Waggoner Creek (43.5282,-123.6072); Whiskey Camp 
Creek (43.4587,-123.6755); Williams Creek (43.5952,-123.5222); Wolf 
Creek (43.4707,-123.6655).
    (ii) Calapooya Creek Watershed 1710030302. Outlet(s) = Calapooya 
Creek (Lat 43.3658, Long -123.4674) upstream to endpoint(s) in: Bachelor 
Creek (43.5480,-123.2062); Banks Creek (43.3631,-123.1755); Beaty Creek 
(43.4406,-123.0392); Boyd Creek (43.4957,-123.1573); Brome Creek 
(43.4016,-123.0490); Burke Creek (43.3987,-123.4463); Buzzard Roost 
Creek (43.4584,-123.0990); Cabin Creek (43.5421,-123.3294); Calapooya 
Creek, North Fork (43.4867,-123.0280); Coon Creek (43.4218,-123.4349); 
Coon Creek (43.5245,-123.0429); Dodge Canyon Creek (43.4362,-123.4420); 
Driver Valley Creek (43.4327,-123.1960); Field Creek (43.4043,-
123.0917); Gassy Creek (43.3862,-123.1133); Gilbreath Creek (43.4218,-
123.0931); Gossett Creek (43.4970,-123.1045); Haney Creek (43.4763,-
123.1086); Hinkle Creek (43.4230,-123.0382); Hog Creek (43.4767,-
123.2516); Jeffers Creek (43.4522,-123.1047); Long Valley Creek 
(43.4474,-123.1460); Middle Fork South Fork Calapooya Creek (43.4772,-
122.9952); Markam Creek (43.3751,-123.1479); Marsh Creek (43.5223,-
123.3348); Mill Creek (43.4927,-123.1315); Norton Creek (43.5046,-
123.3736); Pine Tree Creek (43.4179,-123.0688); Pollock Creek (43.5326,-
123.2685); Salt Creek (43.5161,-123.2504); Salt Lick Creek (43.4510,-
123.1168); Slide Creek (43.3926,-123.0919); Timothy Creek (43.4862,-
123.0896); Unnamed (43.4469,-123.4268); Unnamed (43.4481,-123.4283); 
Unnamed (43.4483,-123.4134); Unnamed (43.4658,-122.9899); Unnamed 
(43.4707,-122.9896); Unnamed (43.4908,-123.0703); Unnamed (43.5173,-
123.0564); Wheeler Canyon (43.4840,-123.3631); White Creek (43.4637,-
123.0451); Williams Creek (43.4703,-123.4096).
    (iii) Elk Creek Watershed 1710030303. Outlet(s) = Elk Creek (Lat 
43.6329, Long -123.5662) upstream to endpoint(s) in: Adams Creek 
(43.5860,-123.2202); Allen Creek (43.6375,-123.3731); Andrews Creek 
(43.5837,-123.3920); Asker Creek (43.6290,-123.2668); Bear Creek 
(43.6195,-123.3703); Bear Creek (43.7119,-123.1757); Bennet Creek 
(43.6158,-123.1558); Big Tom Folley Creek (43.7293,-123.4053); Big Tom 
Folley Creek, North Fork (43.7393,-123.4917); Big Tom Folley Creek, Trib 
A (43.7231,-123.4465); Billy Creek, East Fork (43.5880,-123.3263); Billy 
Creek, South Fork (43.5725,-123.3603); Blue Hole Creek (43.5677,-
123.4405); Brush Creek (43.5662,-123.4140); Buck Creek (43.6981,-
123.1818); Cowan Creek (43.5915,-123.2615); Cox Creek

[[Page 724]]

(43.6356,-123.1794); Curtis Creek (43.6839,-123.1734); Dodge Canyon 
(43.6225,-123.2509); Elk Creek (43.5097,-123.1620); Ellenburg Creek 
(43.7378,-123.3296); Fitch Creek (43.6986,-123.3152); Five Point Canyon 
(43.5707,-123.3526); Flagler Creek (43.5729,-123.3382); Green Creek 
(43.6851,-123.4688); Green Ridge Creek (43.5920,-123.3958); Halo Creek 
(43.5990,-123.2658); Hancock Creek (43.6314,-123.5188); Hanlon Creek 
(43.6190,-123.2785); Hardscrabble Creek (43.7111,-123.3517); Huntington 
Creek (43.5882,-123.2808); Jack Creek (43.7071,-123.3819); Johnny Creek 
(43.7083,-123.3972); Johnson Creek (43.6830,-123.2715); Lancaster Creek 
(43.6442,-123.4361); Lane Creek (43.5483,-123.1221); Lees Creek 
(43.6610,-123.1888); Little Sand Creek (43.7655,-123.2778); Little Tom 
Folley Creek (43.6959,-123.5393); McClintock Creek (43.6664,-123.2703); 
Parker Creek (43.6823,-123.4178); Pass Creek (43.7527,-123.1528); 
Pheasant Creek (43.7758,-123.2099); Rock Creek (43.7759,-123.2730); 
Saddle Butte Creek (43.7214,-123.5219); Salt Creek (43.6796,-123.2213); 
Sand Creek (43.7709,-123.2912); Shingle Mill Creek (43.5314,-123.1308); 
Simpson Creek (43.6629,-123.2553); Smith Creek (43.6851,-123.3179); 
Squaw Creek (43.6010,-123.4284); Taylor Creek (43.7642,-123.2712); Thief 
Creek (43.6527,-123.1459); Thistleburn Creek (43.6313,-123.4332); 
Unnamed (43.5851,-123.3101); Walker Creek (43.5922,-123.1707); Ward 
Creek (43.7486,-123.2023); Wehmeyer Creek (43.6823,-123.2404); Wilson 
Creek (43.5699,-123.2681); Wise Creek (43.6679,-123.2772); Yoncalla 
Creek (43.5563,-123.2833).
    (iv) Middle Umpqua River Watershed 1710030304. Outlet(s) = Umpqua 
River (Lat 43.6556, Long -123.8752) upstream to endpoint(s) in: Burchard 
Creek (43.6680,-123.7520); Butler Creek (43.6325,-123.6867); Cedar Creek 
(43.7027,-123.6451); House Creek (43.7107,-123.6378); Little Mill Creek 
(43.6729,-123.8252); Little Paradise Creek (43.6981,-123.5630); Paradise 
Creek (43.7301,-123.5738); Patterson Creek (43.7076,-123.6977); Purdy 
Creek (43.6895,-123.7712); Sawyer Creek (43.6027,-123.6717); Scott Creek 
(43.6885,-123.6966); Umpqua River (43.6329,-123.5662); Unnamed 
(43.6011,-123.7084); Unnamed (43.5998,-123.6803); Unnamed (43.6143,-
123.6674); Unnamed (43.6453,-123.7619); Unnamed (43.6461,-123.8064); 
Unnamed (43.6923,-123.7534); Unnamed (43.7068,-123.6109); Unnamed 
(43.7084,-123.7156); Unnamed (43.7098,-123.6300); Unnamed (43.7274,-
123.6026); Weatherly Creek (43.7205,-123.6680); Wells Creek (43.6859,-
123.7946).
    (v) Upper Smith River Watershed 1710030306. Outlet(s) = Smith River 
(Lat 43.7968, Long -123.7565) upstream to endpoint(s) in: Amberson Creek 
(43.7787,-123.4944); Argue Creek (43.7656,-123.6959); Beaver Creek 
(43.7865,-123.6949); Beaver Creek (43.8081,-123.4041); Big Creek 
(43.7372,-123.7112); Blackwell Creek (43.8145,-123.7460); Blind Creek 
(43.7518,-123.6551); Bum Creek (43.8044,-123.5802); Carpenter Creek 
(43.7947,-123.7258); Clabber Creek (43.7919,-123.5878); Clearwater Creek 
(43.8138,-123.7375); Cleghorn Creek (43.7508,-123.4997); Clevenger Creek 
(43.7826,-123.4087); Coldwater Creek (43.8316,-123.7232); Deer Creek 
(43.8109,-123.5362); Devils Club Creek (43.7916,-123.6148); Elk Creek 
(43.8004,-123.4347); Halfway Creek (43.7412,-123.5112); Hall Creek 
(43.7732,-123.3836); Haney Creek (43.8355,-123.5006); Hardenbrook Creek 
(43.7943,-123.5660); Hefty Creek (43.7881,-123.3954); Herb Creek 
(43.8661,-123.6782); Jeff Creek (43.8079,-123.6033); Marsh Creek 
(43.7831,-123.6185); Mosetown Creek (43.7326,-123.6613); Mosetown Creek, 
East Fork (43.7185,-123.6433); North Sister Creek (43.8492,-123.5771); 
Panther Creek (43.8295,-123.4464); Pearl Creek (43.8263,-123.5350); 
Peterson Creek (43.7575,-123.3947); Plank Creek (43.7635,-123.3980); 
Redford Creek (43.7878,-123.3520); Rock Creek (43.7733,-123.6222); 
Russell Creek (43.8538,-123.6971); South Sister Creek (43.8366,-
123.5611); Salmonberry Creek (43.8085,-123.4482); Scare Creek (43.7631,-
123.7260); Sleezer Creek (43.7535,-123.3711); Slideout Creek (43.7831,-
123.5685); Smith River, Little South Fork (43.7392,-123.4583); Smith

[[Page 725]]

River, South Fork (43.7345,-123.3843); Smith River (43.7529,-123.3310); 
Spring Creek (43.7570,-123.3276); Summit Creek (43.7985,-123.3487); 
Sweden Creek (43.8618,-123.6468); Tip Davis Creek (43.7739,-123.3301); 
Twin Sister Creek (43.8348,-123.7168); Unnamed (43.7234,-123.6308); 
Unnamed (43.7397,-123.6984); Unnamed (43.7433,-123.4673); Unnamed 
(43.7492,-123.6911); Unnamed (43.7495,-123.5832); Unnamed (43.7527,-
123.5210); Unnamed (43.7533,-123.7046); Unnamed (43.7541,-123.4805); 
Unnamed (43.7708,-123.4819); Unnamed (43.7726,-123.5039); Unnamed 
(43.7748,-123.6044); Unnamed (43.7775,-123.6927); Unnamed (43.7830,-
123.5900); Unnamed (43.7921,-123.6335); Unnamed (43.7955,-123.7013); 
Unnamed (43.7993,-123.6171); Unnamed (43.8020,-123.6739); Unnamed 
(43.8034,-123.6959); Unnamed (43.8133,-123.5893); Unnamed (43.8197,-
123.4827); Unnamed (43.8263,-123.5810); Unnamed (43.8360,-123.6951); 
Unnamed (43.8519,-123.5910); Unnamed (43.8535,-123.6357); Unnamed 
(43.8541,-123.6155); Unnamed (43.8585,-123.6867); Upper Johnson Creek 
(43.7509,-123.5426); West Fork Halfway Creek (43.7421,-123.6119); Yellow 
Creek (43.8193,-123.5545).
    (vi) Lower Smith River Watershed 1710030307. Outlet(s) = Smith River 
(Lat 43.7115, Long -124.0807) upstream to endpoint(s) in: Bear Creek 
(43.8087,-123.8202); Beaver Creek (43.8983,-123.7559); Black Creek 
(43.7544,-123.9967); Brainard Creek (43.7448,-124.0105); Buck Creek 
(43.7719,-123.7823); Cassady Creek (43.7578,-123.9744); Cedar Creek 
(43.8541,-123.8562); Chapman Creek (43.8181,-123.9380); Coon Creek 
(43.8495,-123.7857); Crane Creek (43.8592,-123.7739); Edmonds Creek 
(43.8257,-123.9000); Eslick Creek (43.8153,-123.9894); Eslick Creek, 
East Fork (43.8082,-123.9583); Franz Creek (43.7542,-124.1006); Frarey 
Creek (43.7683,-124.0615); Georgia Creek (43.8373,-123.8911); Gold Creek 
(43.9002,-123.7470); Harlan Creek (43.8635,-123.9319); Holden Creek 
(43.7901,-124.0178); Hudson Slough (43.7725,-124.0736); Johnson Creek 
(43.8291,-123.9582); Johnson Creek (43.8480,-123.8209); Joyce Creek 
(43.7892,-124.0356); Joyce Creek, West Fork (43.7708,-124.0457); 
Kentucky Creek (43.9313,-123.8153); Middle Fork of North Fork Smith 
River (43.8780,-123.7687); Moore Creek (43.8523,-123.8931); Moore Creek 
(43.8661,-123.7558); Murphy Creek (43.7449,-123.9527); Noel Creek 
(43.7989,-124.0109); Otter Creek (43.7216,-123.9626); Otter Creek, North 
Fork (43.7348,-123.9597); Paxton Creek (43.8847,-123.9004); Peach Creek 
(43.8963,-123.8599); Perkins Creek (43.7362,-123.9151); Railroad Creek 
(43.8086,-123.8998); Smith River, West Fork (43.9102,-123.7073); Smith 
River (43.7968,-123.7565); Spencer Creek (43.8429,-123.8321); Spencer 
Creek, West Fork (43.8321,-123.8685); Sulphur Creek (43.8512,-123.9422); 
Unnamed (43.7031,-123.7463); Unnamed (43.7106,-123.7666); Unnamed 
(43.7203,-123.7601); Unnamed (43.7267,-123.7396); Unnamed (43.7286,-
123.7798); Unnamed (43.7322,-124.0585); Unnamed (43.7325,-123.7337); 
Unnamed (43.7470,-123.7416); Unnamed (43.7470,-123.7711); Unnamed 
(43.7569,-124.0844); Unnamed (43.7606,-124.0853); Unnamed (43.7623,-
124.0753); Unnamed (43.7669,-124.0766); Unnamed (43.7734,-124.0674); 
Unnamed (43.7855,-124.0076); Unnamed (43.7877,-123.9936); Unnamed 
(43.8129,-123.9743); Unnamed (43.8212,-123.8777); Unnamed (43.8258,-
123.8192); Unnamed (43.8375,-123.9631); Unnamed (43.8424,-123.7925); 
Unnamed (43.8437,-123.7989); Unnamed (43.8601,-123.7630); Unnamed 
(43.8603,-123.8155); Unnamed (43.8655,-123.8489); Unnamed (43.8661,-
123.9136); Unnamed (43.8688,-123.7994); Unnamed (43.8831,-123.8534); 
Unnamed (43.8883,-123.7157); Unnamed (43.8906,-123.7759); Unnamed 
(43.8916,-123.8765); Unnamed (43.8922,-123.8144); Unnamed (43.8953,-
123.8772); Unnamed (43.8980,-123.7865); Unnamed (43.8997,-123.7993); 
Unnamed (43.8998,-123.7197); Unnamed

[[Page 726]]

(43.9015,-123.8386); Unnamed (43.9015,-123.8949); Unnamed (43.9023,-
123.8241); Unnamed (43.9048,-123.8316); Unnamed (43.9075,-123.7208); 
Unnamed (43.9079,-123.8263); Vincent Creek (43.7035,-123.7882); Wassen 
Creek (43.7419,-123.8905); West Branch North Fork Smith River (43.9113,-
123.8958).
    (vii) Lower Umpqua River Watershed 1710030308. Outlet(s) = Umpqua 
River (Lat 43.6696, Long -124.2025) upstream to endpoint(s) in: Alder 
Creek (43.6310,-124.0483); Bear Creek (43.7053,-123.9529); Butler Creek 
(43.7157,-124.0059); Charlotte Creek (43.6320,-123.9307); Dean Creek 
(43.6214,-123.9740); Dry Creek (43.6369,-124.0595); Franklin Creek 
(43.6850,-123.8659); Hakki Creek (43.6711,-124.0161); Indian Charlie 
Creek (43.6611,-123.9404); Johnson Creek (43.6711,-123.9760); Koepke 
Slough (43.6909,-124.0294); Little Franklin Creek (43.6853,-123.8863); 
Luder Creek (43.6423,-123.9046); Miller Creek (43.6528,-124.0140); Oar 
Creek (43.6620,-124.0289); Providence Creek (43.7083,-124.1289); 
Scholfield Creek (43.6253,-124.0112); Umpqua River (43.6556,-123.8752); 
Unnamed (43.6359,-123.9572); Unnamed (43.6805,-124.1146); Unnamed 
(43.6904,-124.0506); Unnamed (43.6940,-124.0340); Unnamed (43.7069,-
123.9824); Unnamed (43.7242,-123.9369); Winchester Creek (43.6657,-
124.1247); Wind Creek, South Fork (43.6346,-124.0897).
    (11) Coos Subbasin 17100304--(i) South Fork Coos Watershed 
1710030401. Outlet(s) = South Fork Coos (Lat 43.3905, Long -123.9634) 
upstream to endpoint(s) in: Beaver Slide Creek (43.2728,-123.8472); 
Bottom Creek (43.3751,-123.7065); Bottom Creek, North Fork (43.3896,-
123.7264); Buck Creek (43.2476,-123.8023); Burnt Creek (43.2567,-
123.7834); Cedar Creek (43.3388,-123.6303); Cedar Creek, Trib E 
(43.3423,-123.6749); Cedar Creek, Trib F (43.3330,-123.6523); Coal Creek 
(43.3426,-123.8685); Eight River Creek (43.2638,-123.8568); Fall Creek 
(43.2535,-123.7106); Fall Creek (43.4106,-123.7512); Fivemile Creek 
(43.2341,-123.6307); Gods Thumb Creek (43.3440,-123.7013); Gooseberry 
Creek (43.2452,-123.7081); Hatcher Creek (43.3021,-123.8370); Hog Ranch 
Creek (43.2754,-123.8125); Lake Creek (43.2971,-123.6354); Little Cow 
Creek (43.1886,-123.6133); Lost Creek (43.2325,-123.5769); Lost Creek, 
Trib A (43.2224,-123.5961); Mink Creek (43.3068,-123.8515); Panther 
Creek (43.2593,-123.6401); Shotgun Creek (43.2920,-123.7623); Susan 
Creek (43.2720,-123.7654); Tioga Creek (43.2110,-123.7786); Unnamed 
(43.2209,-123.7789); Unnamed (43.2305,-123.8360); Unnamed (43.2364,-
123.7818); Unnamed (43.2548,-123.8569); Unnamed (43.2713,-123.8320); 
Unnamed (43.2902,-123.6662); Unnamed (43.3168,-123.6491); Unnamed 
(43.3692,-123.8320); Unnamed (43.3698,-123.8321); Unnamed (43.3806,-
123.8327); Unnamed (43.3846,-123.8058); Unnamed (43.3887,-123.7927); 
Unnamed (43.3651,-123.7073); Wilson Creek (43.2083,-123.6691).
    (ii) Millicoma River Watershed 1710030402. Outlet(s) = West Fork 
Millicoma River (Lat 43.4242, Long -124.0288) upstream to endpoint(s) 
in: Bealah Creek (43.4271,-123.8445); Buck Creek (43.5659,-123.9765); 
Cougar Creek (43.5983,-123.8788); Crane Creek (43.5545,-123.9287); 
Dagget Creek (43.4862,-124.0557); Darius Creek (43.4741,-123.9407); Deer 
Creek (43.6207,-123.9616); Deer Creek, Trib A (43.6100,-123.9761); Deer 
Creek, Trib B (43.6191,-123.9482); Devils Elbow Creek (43.4439,-
124.0608); East Fork Millicoma River (43.4204,-123.8330); Elk Creek 
(43.5441,-123.9175); Fish Creek (43.6015,-123.8968); Fox Creek 
(43.4189,-123.9459); Glenn Creek (43.4799,-123.9325); Hidden Creek 
(43.5646,-123.9235); Hodges Creek (43.4348,-123.9889); Joes Creek 
(43.5838,-123.9787); Kelly Creek (43.5948,-123.9036); Knife Creek 
(43.6163,-123.9310); Little Matson Creek (43.4375,-123.8890); Marlow 
Creek (43.4779,-123.9815); Matson Creek (43.4489,-123.9191); Otter Creek 
(43.5935,-123.9729); Panther Creek (43.5619,-123.9038); Rainy Creek 
(43.4293,-124.0400); Rodine Creek (43.4434,-123.9789); Schumacher Creek 
(43.4842,-124.0380); Totten Creek (43.4869,-124.0457); Trout Creek 
(43.5398,-123.9814); Unnamed

[[Page 727]]

(43.4686,-124.0143); Unnamed (43.5156,-123.9366); Unnamed (43.5396,-
123.9373); Unnamed (43.5450,-123.9305); West Fork Millicoma River 
(43.5617,-123.8788).
    (iii) Lakeside Frontal Watershed 1710030403. Outlet(s) = Tenmile 
Creek (43.5618,-124.2308) upstream to endpoint(s) in: Adams Creek 
(43.5382,-124.1081); Alder Creek (43.6012,-124.0272); Alder Gulch 
(43.5892,-124.0665); Benson Creek (43.5813,-124.0086); Big Creek 
(43.6085,-124.0128); Blacks Creek (43.6365,-124.1188); Clear Creek 
(43.6040,-124.1871); Hatchery Creek (43.5275,-124.0761); Johnson Creek 
(43.5410,-124.0018); Murphy Creek (43.6243,-124.0534); Noble Creek 
(43.5897,-124.0347); Parker Creek (43.6471,-124.1246); Roberts Creek 
(43.5557,-124.0264); Saunders Creek (43.5417,-124.2136); Shutter Creek 
(43.5252,-124.1398); Swamp Creek (43.5550,-124.1948); Unnamed (43.5203,-
124.0294); Unnamed (43.6302,-124.1460); Unnamed (43.6353,-124.1411); 
Unnamed (43.6369,-124.1515); Unnamed (43.6466,-124.1511); Unnamed 
(43.5081,-124.0382); Unnamed (43.6353,-124.16770; Wilkins Creek 
(43.6304,-124.0819); Winter Creek (43.6533,-124.1333).
    (iv) Coos Bay Watershed 1710030404. Outlet(s) = Big Creek (Lat 
43.3326, Long -124.3739); Coos Bay (43.3544,-124.3384) upstream to 
endpoint(s) in: Bear Creek (43.5048,-124.1059); Bessey Creek (43.3844,-
124.0253); Big Creek (43.2834,-124.3374), Big Creek (43.3980,-123.9396); 
Big Creek, Trib A (43.2999,-124.3711); Big Creek, Trib B (43.2854,-
124.3570); Blossom Gulch (43.3598,-124.2410); Boatman Gulch (43.3445,-
124.2483); Boone Creek (43.2864,-124.1762); Cardwell Creek (43.2793,-
124.1277); Catching Creek (43.2513,-124.1586); Coalbank Creek (43.3154,-
124.2503); Coos Bay (43.3566,-124.1592); Daniels Creek (43.3038,-
124.0725); Davis Creek (43.2610,-124.2633); Day Creek (43.3129,-
124.2888); Deton Creek (43.4249,-124.0771); Echo Creek (43.3797,-
124.1529); Elliot Creek (43.3037,-124.2670); Farley Creek (43.3146,-
124.3415); Ferry Creek (43.2628,-124.1728); Goat Creek (43.2700,-
124.2109); Haywood Creek (43.3067,-124.3419); Hendrickson Creek 
(43.3907,-124.0594); Isthmus Slough (43.2622,-124.2049); Joe Ney Slough 
(43.3382,-124.2958); John B Creek (43.2607,-124.2814); Johnson Creek 
(43.4043,-124.1389); Kentuck Creek (43.4556,-124.0894); Larson Creek 
(43.4930,-124.0764); Laxstrom Gulch (43.3372,-124.1350); Lillian Creek 
(43.3550,-124.1330); Mart Davis Creek (43.3911,-124.0927); Matson Creek 
(43.3011,-124.1161); McKnight Creek (43.3841,-123.9991); Mettman Creek 
(43.4574,-124.1293); Millicoma River (43.4242,-124.0288); Monkey Ranch 
Gulch (43.3392,-124.1458); Morgan Creek (43.3460,-124.0318); North 
Slough (43.5032,-124.1408); Noble Creek (43.2387,-124.1665); Packard 
Creek (43.4058,-124.0211); Palouse Creek (43.5123,-124.0667); Panther 
Creek (43.2733,-124.1222); Pony Slough (43.4078,-124.2307); Rogers Creek 
(43.3831,-124.0370); Ross Slough (43.3027,-124.1781); Salmon Creek 
(43.3618,-123.9816); Seaman Creek (43.3634,-124.0111); Seelander Creek 
(43.2872,-124.1176); Shinglehouse Slough (43.3154,-124.2225); Smith 
Creek (43.3579,-124.1051); Snedden Creek (43.3372,-124.2177); Southport 
Slough (43.2981,-124.2194); Stock Slough (43.3277,-124.1195); Storey 
Creek (43.3238,-124.2969); Sullivan Creek (43.4718,-124.0872); Talbott 
Creek (43.2839,-124.2954); Theodore Johnson Creek (43.2756,-124.3457); 
Unnamed (43.5200,-124.1812); Unnamed (43.2274,-124.3236); Unnamed 
(43.2607,-124.2984); Unnamed (43.2772,-124.3246); Unnamed (43.2776,-
124.3148); Unnamed (43.2832,-124.1532); Unnamed (43.2888,-124.1962); 
Unnamed (43.2893,-124.3406); Unnamed (43.2894,-124.2034); Unnamed 
(43.2914,-124.2917); Unnamed (43.2942,-124.1027); Unnamed (43.2984,-
124.2847); Unnamed (43.3001,-124.3022); Unnamed (43.3034,-124.2001); 
Unnamed (43.3051,-124.2031); Unnamed (43.3062,-124.2030); Unnamed 
(43.3066,-124.3674); Unnamed (43.3094,-124.1947); Unnamed (43.3129,-
124.1208); Unnamed (43.3149,-124.1347); Unnamed (43.3149,-124.1358); 
Unnamed

[[Page 728]]

(43.3149,-124.1358); Unnamed (43.3169,-124.0638); Unnamed (43.3224,-
124.2390); Unnamed (43.3356,-124.1542); Unnamed (43.3356,-124.1526); 
Unnamed (43.3357,-124.1510); Unnamed (43.3357,-124.1534); Unnamed 
(43.3368,-124.1509); Unnamed (43.3430,-124.2352); Unnamed (43.3571,-
124.2372); Unnamed (43.3643,-124.0474); Unnamed (43.3741,-124.0577); 
Unnamed (43.4126,-124.0599); Unnamed (43.4203,-123.9824); Unnamed 
(43.4314,-124.0998); Unnamed (43.4516,-124.1023); Unnamed (43.4521,-
124.1110); Unnamed (43.5345,-124.1946); Vogel Creek (43.3511,-124.1206); 
Wasson Creek (43.2688,-124.3368); Willanch Creek (43.4233,-124.1061); 
Willanch Creek, Trib A (43.4032,-124.1169); Wilson Creek (43.2652,-
124.1281); Winchester Creek (43.2145,-124.3116); Winchester Creek, Trib 
E (43.2463,-124.3067); Woodruff Creek (43.4206,-123.9746); Wren Smith 
Creek (43.3131,-124.0649).
    (12) Coquille Subbasin 17100305--(i) Middle Fork Coquille Watershed 
1710030502. Outlet(s) = Middle Fork Coquille River (Lat 43.0340, Long -
124.1161) upstream to endpoint(s) in: Anderson Creek (43.0087,-
123.9445); Axe Creek (43.0516,-123.9468); Bear Creek (43.0657,-
123.9284); Belieu Creek (43.0293,-123.9470); Big Creek (43.0991,-
123.8983); Brownson Creek (43.0879,-123.9583); Endicott Creek (43.0401,-
124.0710); Fall Creek (43.0514,-123.9910); Indian Creek (43.0203,-
124.0842); Little Rock Creek (42.9913,-123.8335); McMullen Creek 
(43.0220,-124.0366); Middle Fork Coquille River (42.9701,-123.7621); 
Myrtle Creek (42.9642,-124.0170); Rasler Creek (42.9518,-123.9643); Rock 
Creek (42.9200,-123.9073); Rock Creek (43.0029,-123.8440); Salmon Creek 
(43.0075,-124.0273); Sandy Creek (43.0796,-123.8517); Sandy Creek, Trib 
F (43.0526,-123.8736); Sheilds Creek (42.9184,-123.9219); Slater Creek 
(42.9358,-123.7958); Slide Creek (42.9957,-123.9040); Smith Creek 
(43.0566,-124.0337); Swamp Creek (43.0934,-123.9000); Unnamed (43.0016,-
123.9550); Unnamed (43.0681,-123.9812); Unnamed (43.0810,-123.9892).
    (ii) Middle Main Coquille Watershed 1710030503. Outlet(s) = South 
Fork Coquille River (Lat 43.0805, Long -124.1405) upstream to 
endpoint(s) in: Baker Creek (42.8913,-124.1297); Beaver Creek (42.9429,-
124.0783); Catching Creek, Middle Fork (42.9913,-124.2331); Catching 
Creek, South Fork (42.9587,-124.2348); Coquille River, South Fork 
(42.8778,-124.0743); Cove Creek (43.0437,-124.2088); Dement Creek 
(42.9422,-124.2086); Gettys Creek (43.0028,-124.1988); Grants Creek 
(42.9730,-124.1041); Horse Hollow (43.0382,-124.1984); Knight Creek 
(43.0022,-124.2663); Koontz Creek (43.0111,-124.2505); Long Tom Creek 
(42.9342,-124.0992); Matheny Creek (43.0495,-124.1892); Mill Creek 
(42.9777,-124.1663); Rhoda Creek (43.0007,-124.1032); Roberts Creek 
(42.9748,-124.2385); Rowland Creek (42.9045,-124.1845); Russell Creek 
(42.9495,-124.1611); Unnamed (42.9684,-124.1033); Ward Creek (43.0429,-
); 124.2358); Warner Creek (43.0196,-124.1187); Wildcat Creek (43.0277,-
124.2225); Wolf Creek (43.0136,-124.2318); Woodward Creek (42.9023,-
124.0658).
    (iii) East Fork Coquille Watershed 1710030504. Outlet(s) = East Fork 
Coquille River (Lat 43.1065, Long -124.0761) upstream to endpoint(s) in: 
Bills Creek (43.1709,-123.9244); China Creek (43.1736,-123.9086); East 
Fork Coquille River (43.1476,-123.8936); Elk Creek (43.1312,-123.9621); 
Hantz Creek (43.1832,-123.9713); South Fork Elk Creek (43.1212,-
123.9200); Steel Creek (43.1810,-123.9354); Unnamed (43.0908,-124.0361); 
Unnamed (43.0925,-124.0495); Unnamed (43.0976,-123.9705); Unnamed 
(43.1006,-124.0052); Unnamed (43.1071,-123.9163); Unnamed (43.1655,-
123.9078); Unnamed (43.1725,-123.9881); Weekly Creek (43.0944,-
124.0271); Yankee Run (43.1517,-124.0483); Yankee Run, Trib C (43.1626,-
124.0162).
    (iv) North Fork Coquille Watershed 1710030505. Outlet(s) = North 
Fork Coquille River (Lat 43.0805, Long -124.1405) upstream to 
endpoint(s) in: Alder Creek (43.2771,-123.9207); Blair Creek (43.1944,-
124.1121); Cherry Creek, North Fork (43.2192,-123.9124); Cherry Creek, 
South Fork (43.2154,-123.9353);

[[Page 729]]

Coak Creek (43.2270,-124.0324); Coquille River, Little North Fork 
(43.2988,-123.9410); Coquille River, North Fork (43.2974,-123.8791); 
Coquille River, North Fork, Trib E (43.1881,-124.0764); Coquille River, 
North Fork, Trib I (43.2932,-123.8920); Coquille River, North Fork, Trib 
Y (43.3428,-123.9678); Evans Creek (43.2868,-124.0561); Fruin Creek 
(43.3016,-123.9198); Garage Creek (43.1508,-124.1020); Giles Creek 
(43.3129,-124.0337); Honcho Creek (43.2628,-123.8954); Hudson Creek 
(43.2755,-123.9604); Jerusalem Creek (43.1844,-124.0539); Johns Creek 
(43.0760,-124.0498); Little Cherry Creek (43.2007,-123.9594); Llewellyn 
Creek (43.1034,124.1063); Llewellyn Creek, Trib A (43.0969,-124.0995); 
Lost Creek (43.1768,-124.1047); Lost Creek (43.2451,-123.9745); Mast 
Creek (43.2264,-124.0207); Middle Creek (43.2332,-123.8726); Moon Creek 
(43.2902,-123.9493); Moon Creek, Trib A (43.2976,-123.9837); Moon Creek, 
Trib A-1 (43.2944,-123.9753); Neely Creek (43.2960,-124.0380); Park 
Creek (43.2508,-123.8661); Park Creek, Trib B (43.2702,-123.8782); 
Schoolhouse Creek (43.1637,-124.0949); Steele Creek (43.2203,-124.1018); 
Steinnon Creek (43.2534,-124.1076); Unnamed (43.1305,-124.0759); Unnamed 
(43.2047,-124.0314); Unnamed (43.2127,-124.1101); Unnamed (43.2165,-
123.9144); Unnamed (43.2439,-123.9275); Unnamed (43.2444,-124.0868); 
Unnamed (43.2530,-124.0848); Unnamed (43.2582,-124.0794); Unnamed 
(43.2584,-123.8846); Unnamed (43.2625,-124.0474); Unnamed (43.2655,-
123.9269); Unnamed (43.2676,-124.0367); Vaughns Creek (43.2378,-
123.9106); Whitley Creek (43.2899,-124.0115); Wimer Creek (43.1303,-
124.0640); Wood Creek (43.1392,-124.1274); Wood Creek, North Fork 
(43.1454,-124.1211).
    (v) Lower Coquille Watershed 1710030506. Outlet(s) = Coquille River 
(Lat 43.1237, Long -124.4261) upstream to endpoint(s) in: Alder Creek 
(43.1385,-124.2697); Bear Creek (43.0411,-124.2893); Beaver Creek 
(43.2249,-124.1923); Beaver Creek (43.2525,-124.2456); Beaver Slough, 
Trib A (43.2154,-124.2731); Bill Creek (43.0256,-124.3126); Budd Creek 
(43.2011,-124.1921); Calloway Creek (43.2060,-124.1684); Cawfield Creek 
(43.1839,-124.1372); China Creek (43.2170,-124.2076); Cold Creek 
(43.2038,-124.1419); Coquille River (43.0805,-124.1405); Coquille River, 
Trib A (43.2032,-124.2930); Cunningham Creek (43.2349,-124.1378); Dutch 
John Ravine (43.1744,-124.1781); Dye Creek (43.2274,-124.1569); Fahys 
Creek (43.1676,-124.3861); Fat Elk Creek (43.1373,-124.2560); Ferry 
Creek (43.1150,-124.3831); Fishtrap Creek (43.0841,-124.2544); Glen 
Aiken Creek (43.1482,-124.1497); Grady Creek (43.1032,-124.1381); Gray 
Creek (43.1222,-124.1286); Hall Creek (43.0583,-124.2516); Hall Creek, 
Trib A (43.0842,-124.1745); Harlin Creek (43.1326,-124.1633); Hatchet 
Slough, Trib A (43.1638,-124.3065); Hatchet Slough (43.1879,-124.3003); 
Lampa Creek (43.0531,-124.2665); Little Bear Creek (43.0407,-124.2783); 
Little Fishtrap Creek (43.1201,-124.2290); Lowe Creek (43.1401,-
124.3232); Mack Creek (43.0604,-124.3306); Monroe Creek (43.0705,-
124.2905); Offield Creek (43.1587,-124.3273); Pulaski Creek (43.1398,-
124.2184); Randleman Creek (43.0818,-124.3039); Rich Creek (43.0576,-
124.2067); Rink Creek (43.1764,-124.1369); Rock Robinson Creek 
(43.0860,-124.2306); Rollan Creek (43.1266,-124.2563); Sevenmile Creek 
(43.2157,-124.3350); Sevenmile Creek, Trib A (43.1853,-124.3187); 
Sevenmile Creek, Trib C (43.2081,-124.3340); Unnamed (43.1084,-
124.2727); Unnamed 43.1731,-124.1852); Unnamed (43.1924,-124.1378); 
Unnamed (43.1997,-124.3346); Unnamed (43.2281,-124.2190); Unnamed 
(43.2424,-124.2737); Waddington Creek (43.1105,-124.2915).
    (13) Sixes Subbasin 17100306'(i) Sixes River Watershed 1710030603. 
Outlet(s) = Sixes River (Lat 42.8543, Long -124.5427) upstream to 
endpoint(s) in: Beaver Creek (42.7867,-124.4373); Carlton Creek 
(42.8594,-124.2382); Cold Creek (42.7824,-124.2070); Crystal Creek 
(42.8404,-124.4501); Dry Creek (42.7673,-124.3726); Edson Creek 
(42.8253,-124.3782); Hays Creek (42.8455,-124.1796); Little Dry Creek 
(42.8002,-124.3838); Murphy Canyon (42.8516,-124.1541); Sixes River

[[Page 730]]

(42.8232,-124.1704); Sixes River, Middle Fork (42.7651,-124.1782); Sixes 
River, North Fork (42.8878,-124.2320); South Fork Sixes River (42.8028,-
124.3022); Sugar Creek (42.8217,-124.2035); Unnamed (42.8189,-124.3567); 
Unnamed (42.7952,-124.3918); Unnamed (42.8276,-124.4629).
    (ii) New River Frontal Watershed 1710030604. Outlet(s) = New River 
(Lat 43.0007, Long-124.4557); Twomile Creek (43.0440,-124.4415) upstream 
to endpoint(s) in: Bethel Creek (42.9519,-124.3954); Boulder Creek 
(42.8574,-124.5050); Butte Creek (42.9458,-124.4096); Conner Creek 
(42.9814,-124.4215); Davis Creek (42.9657,-124.3968); Floras Creek 
(42.9127,-124.3963); Fourmile Creek (42.9887,-124.3077); Fourmile Creek, 
South Fork (42.9642,-124.3734); Langlois Creek (42.9238,-124.4570); 
Little Creek (43.0030,-124.3562); Long Creek (42.9828,-124.3770); Lower 
Twomile Creek (43.0223,-124.4080); Morton Creek (42.9437,-124.4234); New 
River (42.8563,-124.4602); North Fourmile Creek (42.9900,-124.3176); 
Redibough Creek (43.0251,-124.3659); South Twomile Creek (43.0047,-
124.3672); Spring Creek (43.0183,-124.4299); Twomile Creek (43.0100,-
124.3291); Unnamed (43.0209,-124.3386); Unnamed (43.0350,-124.3506); 
Unnamed (43.0378,-124.3481); Unnamed (43.0409,-124.3544); Unnamed 
(42.8714,-124.4586); Unnamed (42.9029,-124.4222); Unnamed (42.9031,-
124.4581); Unnamed (42.9294,-124.4421); Unnamed (42.9347,-124.4559); 
Unnamed (42.9737,-124.3363); Unnamed (42.9800,-124.3432); Unnamed 
(43.0058,-124.4066); Willow Creek (42.8880,-124.4505).
    (14) Maps of critical habitat for the Oregon Coast coho salmon ESU 
follow:

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[70 FR 52684, Sept. 2, 2005, as amended at 73 FR 7844, Feb. 11, 2008]



Sec. 226.213  Critical habitat for Johnson's seagrass.

    Critical habitat is designated to include substrate and water in the 
following ten portions of the Indian River Lagoon and Biscayne Bay 
within the current range of Johnson's seagrass.

[[Page 745]]

    (a) A portion of the Indian River, Florida, north of Sebastian Inlet 
Channel, defined by the following coordinates:

Northwest corner: 27[deg]51[min]15.03[sec]N, 80[deg]27[min]55.49[sec]W
Northeast corner: 27[deg]51[min]16.57[sec]N, 80[deg]27[min]53.05[sec]W
Southwest corner: 27[deg]51[min]08.85[sec]N, 80[deg]27[min]50.48[sec]W
Southeast corner: 27[deg]51[min]11.58[sec]N, 80[deg]27[min]47.35[sec]W

    (b) A portion of the Indian River, Florida, south of the Sebastian 
Inlet Channel, defined by the following coordinates:

Northwest corner: 27[deg]51[min]01.32[sec]N, 80[deg]27[min]46.10[sec]W
Northeast corner: 27[deg]51[min]02.69[sec]N, 80[deg]27[min]45.27[sec]W
Southwest corner: 27[deg]50[min]59.08[sec]N, 80[deg]27[min]41.84[sec]W
Southeast corner: 27[deg]51[min]01.07[sec]N, 80[deg]27[min]40.50[sec]W

    (c) A portion of the Indian River Lagoon in the vicinity of the Fort 
Pierce Inlet. This site is located on the north side of the entrance 
channel just west of a small mangrove vegetated island where the main 
entrance channel bifurcates to the north. The area is defined by the 
following coordinates:

Northwest corner: 27[deg]28[min]06.00[sec]N, 80[deg]18[min]48.89[sec]W
Northeast corner: 27[deg]28[min]04.43[sec]N, 80[deg]18[min]42.25[sec]W
Southwest corner: 27[deg]28[min]02.86[sec]N, 80[deg]18[min]49.06[sec]W
Southeast corner: 27[deg]28[min]01.46[sec]N, 80[deg]18[min]42.42[sec]W

    (d) A portion of the Indian River Lagoon, Florida, north of the St. 
Lucie Inlet, from South Nettles Island to the Florida Oceanographic 
Institute, defined by the following coordinates and excluding the 
Federally-marked navigation channel of the Intracoastal Waterway (ICW):

Northwest corner: 27[deg]16[min]44.04[sec]N, 80[deg]14[min]00.00[sec]W
Northeast corner: 27[deg]16[min]44.04[sec]N, 80[deg]12[min]51.33[sec]W
Southwest corner: 27[deg]12[min]49.70[sec]N, 80[deg]11[min]46.80[sec]W
Southeast corner: 27[deg]12[min]49.70[sec]N, 80[deg]11[min]02.50[sec]W

    (e) Hobe Sound beginning at State Road 708 
(27[deg]03[min]49.90[sec]N, 80[deg]07[min]20.57[sec]W) and extending 
south to 27[deg]00[min]00.00[sec]N, 80[deg]05[min]32.54[sec]W and 
excluding the federally-marked navigation channel of the ICW.
    (f) Jupiter Inlet at a site located just west of the entrance to 
Zeek's Marina on the south side of Jupiter Inlet and defined by the 
following coordinates (note a south central point was included to better 
define the shape of the southern boundary):

Northwest corner: 26[deg]56[min]43.34[sec]N, 80[deg]04[min]47.84[sec]W
Northeast corner: 26[deg]56[min]40.93[sec]N, 80[deg]04[min]42.61[sec]W
Southwest corner: 26[deg]56[min]40.73[sec]N, 80[deg]04[min]48.65[sec]W
South central point: 26[deg]56[min]38.11[sec]N, 
80[deg]04[min]45.83[sec]W
Southeast corner: 26[deg]56[min]38.31[sec]N, 80[deg]04[min]42.41[sec]W

    (g) A portion of Lake Worth, Florida, just north of Bingham Island 
defined by the following coordinates and excluding the Federally-marked 
navigation channel of the ICW:

Northwest corner: 26[deg]40[min]44.00[sec]N, 80[deg]02[min]39.00[sec]W
Northeast corner: 26[deg]40[min]40.00[sec]N, 80[deg]02[min]34.00[sec]W
Southwest corner: 26[deg]40[min]32.00[sec]N, 80[deg]02[min]44.00[sec]W
Southeast corner: 26[deg]40[min]33.00[sec]N, 80[deg]02[min]35.00[sec]W

    (h) A portion of Lake Worth Lagoon, Florida, located just north of 
the Boynton Inlet, on the west side of the ICW, defined by the following 
coordinates and excluding the Federally-marked navigation channel of the 
ICW:

Northwest corner: 26[deg]33[min]28.00[sec]N, 80[deg]02[min]54.00[sec]W
Northeast corner: 26[deg]33[min]30.00[sec]N, 80[deg]03[min]04.00[sec]W
Southwest corner: 26[deg]32[min]50.00[sec]N, 80[deg]03[min]11.00[sec]W
Southeast corner: 26[deg]32[min]50.00[sec]N, 80[deg]02[min]58.00[sec]W

    (i) A portion of northeast Lake Wyman, Boca Raton, Florida, defined 
by the following coordinates and excluding the Federally-marked 
navigation channel of the ICW:

Northwest corner: 26[deg]22[min]27.00[sec]N, 80[deg]04[min]23.00[sec]W
Northeast corner: 26[deg]22[min]27.00[sec]N, 80[deg]04[min]18.00[sec]W
Southwest corner: 26[deg]22[min]05.00[sec]N, 80[deg]04[min]16.00[sec]W
Southeast corner: 26[deg]22[min]05.00[sec]N, 80[deg]04[min]18.00[sec]W

    (j) A portion of Northern Biscayne Bay, Florida, defined by the 
following: The northern boundary of Biscayne Bay Aquatic Preserve, NE 
163rd Street, and including all parts of the Biscayne Bay Aquatics 
Preserve as defined in 18-18.002 of the Florida Administrative Code 
(F.A.C.) excluding the Oleta River, Miami River and Little River beyond 
their mouths, the federally-marked navigation channel of the ICW, and 
all existing federally authorized navigation channels, basins, and 
berths at the Port of Miami to the currently documented southernmost 
range of Johnson's seagrass, Central Key Biscayne (25[deg]45[min]N).

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[65 FR 17795, Apr. 5, 2000]



Sec. 226.214  Critical habitat for Gulf sturgeon.

    Gulf sturgeon is under the joint jurisdiction of the U.S. Fish and 
Wildlife Service (FWS) and National Marine Fisheries Service (NMFS). The 
FWS will maintain primary responsibility for recovery actions and NMFS 
will assist in and continue to fund recovery actions pertaining to 
estuarine and marine habitats. In riverine units, the FWS will be 
responsible for all consultations regarding Gulf sturgeon and critical 
habitat. In estuarine units, we

[[Page 755]]

will divide responsibility based on the action agency involved. The FWS 
will consult with the Department of Transportation, the Environmental 
Protection Agency, the U.S. Coast Guard, and the Federal Emergency 
Management Agency. NMFS will consult with the Department of Defense, 
U.S. Army Corps of Engineers, Minerals Management Service and any other 
Federal agencies not mentioned here explicitly. In marine units, NMFS 
will be responsible for all consultations regarding Gulf sturgeon and 
critical habitat. Any Federal projects that extend into the jurisdiction 
of both the Services will be consulted on by the FWS with internal 
coordination with NMFS. Each agency will conduct its own intra-agency 
consultations as necessary.
    The primary constituent elements essential for the conservation of 
Gulf sturgeon are those habitat components that support feeding, 
resting, and sheltering, reproduction, migration, and physical features 
necessary for maintaining the natural processes that support these 
habitat components. The primary constituent elements include: abundant 
prey items within riverine habitats for larval and juvenile life stages, 
and within estuarine and marine habitats and substrates for juvenile, 
subadult, and adult life stages; riverine spawning sites with substrates 
suitable for egg deposition and development, such as limestone outcrops 
and cut limestone banks, bedrock, large gravel or cobble beds, marl, 
soapstone or hard clay; riverine aggregation areas, also referred to as 
resting, holding, and staging areas, used by adult, subadult, and/or 
juveniles, generally, but not always, located in holes below normal 
riverbed depths, believed necessary for minimizing energy expenditures 
during fresh water residency and possibly for osmoregulatory functions; 
a flow regime (i.e., the magnitude, frequency, duration, seasonality, 
and rate-of-change of fresh water discharge over time) necessary for 
normal behavior, growth, and survival of all life stages in the riverine 
environment, including migration, breeding site selection, courtship, 
egg fertilization, resting, and staging; and necessary for maintaining 
spawning sites in suitable condition for egg attachment, eggs 
sheltering, resting, and larvae staging; water quality, including 
temperature, salinity, pH, hardness, turbidity, oxygen content, and 
other chemical characteristics, necessary for normal behavior, growth, 
and viability of all life stages; sediment quality, including texture 
and other chemical characteristics, necessary for normal behavior, 
growth, and viability of all life stages; and safe and unobstructed 
migratory pathways necessary for passage within and between riverine, 
estuarine, and marine habitats (e.g. a river unobstructed by any 
permanent structure, or a dammed river that still allows for passage).
    The river reaches within Units 1 to 7 as critical habitat lie within 
the ordinary high water line. As defined in 33 CFR 329.11, the ordinary 
high water line on non-tidal rivers is the line on the shore established 
by the fluctuations of water and indicated by physical characteristics 
such as a clear, natural line impressed on the bank; shelving; changes 
in the character of soil; destruction of terrestrial vegetation; the 
presence of litter and debris; or other appropriate means that consider 
the characteristics of the surrounding areas.
    The downstream limit of the riverine units is the mouth of each 
river. The mouth is defined as rkm 0 (rmi 0). Although the interface of 
fresh and saltwater, referred to as the saltwater wedge, occurs within 
the lower-most reach of a river, for ease in delineating critical 
habitat units, we are defining the boundary between the riverine and 
estuarine units as rkm 0 (rmi 0).
    Regulatory jurisdiction in coastal areas extends to the line on the 
shore reached by the plane of the mean (average) high water (MHW) (33 
CFR 329.12(a)(2)). All bays and estuaries within Units 8 to 14, 
therefore, lie below the MHW lines. Where precise determination of the 
actual location becomes necessary, it must be established by survey with 
reference to the available tidal datum, preferably averaged over a 
period of 18.6 years. Less precise methods, such as observation of the 
``apparent shoreline'' which is determined by reference to physical 
markings, lines of vegetation, may be used only where an estimate is 
needed

[[Page 756]]

of the line reached by the mean high water.
    The term 72 COLREGS is defined as demarcation lines which delineate 
those waters upon which mariners shall comply with the International 
Regulations for Preventing Collisions at Sea, 1972 and those waters upon 
which mariners shall comply with the Inland Navigation Rules (33 CFR 
80.01). The waters inside of these lines are Inland Rules waters and the 
waters outside the lines are COLREGS waters. These lines are defined in 
33 CFR part 80, and have been used for identification purposes to 
delineate boundary lines of the estuarine and marine habitat Units 8, 9, 
11, and 12.
    Critical habitat does not include existing developed sites such as 
dams, piers, marinas, bridges, boat ramps, exposed oil and gas 
pipelines, oil rigs, and similar structures or designated public 
swimming areas.
    Critical habitat units are depicted for Louisiana, Mississippi, 
Alabama and Florida on the maps below. The textual unit descriptions 
below are definitive sources for determining the critical habitat 
boundaries. General location maps by unit are provided for general 
guidance purposes only, and not as a definitive source for determining 
critical habitat boundaries.
    (a) Unit 1: Pearl River System in St. Tammany and Washington 
Parishes in Louisiana and Walthall, Hancock, Pearl River, Marion, 
Lawrence, Simpson, Copiah, Hinds, Rankin, and Pike Counties in 
Mississippi. (1) Unit 1 includes the Pearl River main stem from the 
spillway of the Ross Barnett Dam, Hinds and Rankin Counties, 
Mississippi, downstream to where the main stem river drainage discharges 
at its mouth joining Lake Borgne, Little Lake, or The Rigolets in 
Hancock County, Mississippi, and St. Tammany Parish, Louisiana. It 
includes the main stems of the East Pearl River, West Pearl River, West 
Middle River, Holmes Bayou, Wilson Slough, downstream to where these 
main stem river drainages discharge at the mouths of Lake Borgne, Little 
Lake, or The Rigolets. Unit 1 also includes the Bogue Chitto River main 
stem, a tributary of the Pearl River, from Mississippi State Highway 
570, Pike County, Mississippi, downstream to its confluence with the 
West Pearl River, St. Tammany Parish, Louisiana. The lateral extent of 
Unit 1 is the ordinary high water line on each bank of the associated 
rivers and shorelines.
    (2) Maps of Unit 1 follow:

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[[Page 758]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.038


[[Page 759]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.039

    (b) Unit 2: Pascagoula River System in Forrest, Perry, Greene, 
George, Jackson, Clarke, Jones, and Wayne Counties, Mississippi. (1) 
Unit 2 includes all of the Pascagoula River main stem and its 
distributaries, portions of the Bouie, Leaf, and Chickasawhay 
tributaries, and all of the Big Black Creek tributary. It includes the 
Bouie River main stem beginning on the southern-most road crossing of 
Interstate 59, Forrest County, Mississippi, downstream to its confluence 
with the Leaf River, Forrest County, Mississippi. The Leaf River main 
stem beginning from Mississippi State Highway 588, Jones County, 
Mississippi, downstream to its confluence with the Chickasawhay River, 
George County, Mississippi is included. The main stem of the 
Chickasawhay River from the mouth of Oaky Creek, Clarke County, 
Mississippi, downstream to its confluence with the Leaf River, George 
County, Mississippi is included. Unit 2 also includes Big Black Creek 
main stem from its confluence with Black and Red Creeks, Jackson County, 
Mississippi, to its confluence with the Pascagoula River, Jackson 
County, Mississippi. All of the main stem of the Pascagoula River from 
its confluence with the Leaf and Chickasawhay Rivers, George County, 
Mississippi, to the discharge of the East and West Pascagoula Rivers 
into Pascagoula Bay, Jackson County, Mississippi, is included. The 
lateral extent of Unit 2 is the ordinary high water line on each bank of 
the associated rivers and shorelines.

[[Page 760]]

    (2) Major shipping channels in this unit are excluded under section 
4(b)(2) of the Act.
    (3) Maps of Unit 2 follow:
    [GRAPHIC] [TIFF OMITTED] TR19MR03.040
    

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[GRAPHIC] [TIFF OMITTED] TR19MR03.045

    (c) Unit 3: Escambia River System in Santa Rosa and Escambia 
Counties, Florida and Escambia, Conecuh, and Covington Counties, 
Alabama. (1) Unit 3 includes the Conecuh River main stem beginning just 
downstream of the spillway of Point A Dam, Covington County, Alabama, 
downstream to the Florida State line, where its name changes to the 
Escambia River, Escambia County, Alabama, and Escambia and Santa Rosa 
Counties, Florida. It includes the entire main stem of the Escambia 
River downstream to its discharge into Escambia Bay and Macky Bay, 
Escambia and Santa Rosa Counties, Florida. All of the distributaries of 
the Escambia River including White River, Little White River, Simpson 
River, and Dead River, Santa Rosa County, Florida are included. The 
Sepulga River main stem from Alabama County Road 42, Conecuh and 
Escambia Counties, Alabama, downstream to its confluence with the 
Conecuh River, Escambia County, Alabama, is also included. The lateral 
extent of Unit 3 is the ordinary high water line on each bank of the 
associated lakes, rivers, and shorelines.
    (2) Maps of Unit 3 follow:

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[GRAPHIC] [TIFF OMITTED] TR19MR03.048

    (d) Unit 4: Yellow River System in Santa Rosa and Okaloosa Counties, 
Florida and Covington County, Alabama. (1) Unit 4 includes the Yellow 
River main stem from Alabama State Highway 55, Covington County, 
Alabama, downstream to its discharge at Blackwater Bay, Santa Rosa 
County, Florida. All Yellow River distributaries (including Weaver River 
and Skim Lake) discharging into Blackwater Bay are included. The Shoal 
River main stem, a Yellow River tributary, from Florida Highway 85, 
Okaloosa County, Florida, to its confluence with the Yellow River, is 
included. The Blackwater River from its confluence with Big Coldwater 
Creek, Santa Rosa County, Florida, downstream to its discharge into 
Blackwater Bay is included. Wright Basin and Cooper Basin, Santa Rosa 
County, on the Blackwater River are included. The lateral extent of Unit 
4 is the ordinary high water line on each bank of the associated lakes, 
rivers, and shorelines.
    (2) Maps of Unit 4 follow:

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[GRAPHIC] [TIFF OMITTED] TR19MR03.053

    (e) Unit 5: Choctawhatchee River System in Holmes, Washington, and 
Walton Counties, Florida and Dale, Coffee, Geneva, and Houston Counties, 
Alabama. (1) Unit 5 includes the Choctawhatchee River main stem from its 
confluence with the west and east fork of the Choctawhatchee River, Dale 
County, Alabama, downstream to its discharge at Choctawhatchee Bay, 
Walton County, Florida. The distributaries discharging into 
Choctawhatchee Bay known as Mitchell River, Indian River, Cypress River, 
and Bells Leg are included. The Boynton Cutoff, Washington County, 
Florida, which joins the Choctawhatchee River main stem, and Holmes 
Creek, Washington County, Florida, are included. The section of Holmes 
Creek from Boynton Cutoff to the mouth of Holmes Creek, Washington 
County, Florida, is included. The Pea River main stem, a Choctawhatchee 
River tributary, from the Elba Dam, Coffee County, Alabama, to its 
confluence with the Choctawhatchee River, Geneva County, Alabama, is 
included. The lateral extent of Unit 5 is the ordinary high water line 
on each bank of the associated rivers and shorelines.
    (2) Maps of Unit 5 follow:

[[Page 774]]

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[[Page 776]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.056


[[Page 777]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.057

    (f) Unit 6: Apalachicola River System in Franklin, Gulf, Liberty, 
Calhoun, Jackson, and Gadsen Counties, Florida. (1) Unit 6 includes the 
Apalachicola River mainstem, beginning from the Jim Woodruff Lock and 
Dam, Gadsden and Jackson Counties, Florida, downstream to its discharge 
at East Bay or Apalachicola Bay, Franklin County, Florida. All 
Apalachicola River distributaries, including the East River, Little St. 
Marks River, St. Marks River, Franklin County, Florida, to their 
discharge into East Bay and/or Apalachicola Bay are included. The entire 
main stem of the Brothers River, Franklin and Gulf Counties, Florida, a 
tributary of the Apalachicola River, is included. The lateral extent of 
Unit 6 is the ordinary high water line on each bank of the associated 
rivers and shorelines.
    (2) Maps of Unit 6 follow:

[[Page 778]]

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[[Page 779]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.059

    (g) Unit 7: Suwannee River System in Hamilton, Suwannee, Madison, 
Lafayette, Gilchrist, Levy, Dixie, and Columbia Counties, Florida. (1) 
Unit 7 includes the Suwannee River main stem, beginning from its 
confluence with Long Branch Creek, Hamilton County, Florida, downstream 
to the mouth of the Suwannee River. It includes all the Suwannee River 
distributaries, including the East Pass, West Pass, Wadley Pass, and 
Alligator Pass, Dixie and Levy Counties, Florida, to their discharge 
into the Suwannee Sound or the Gulf of Mexico. The Withlacoochee River 
main stem from Florida State Road 6, Madison and Hamilton Counties, 
Florida, to its confluence with the Suwannee River is included. The 
lateral extent of Unit 7 is the ordinary high water line on each bank of 
the associated rivers and shorelines.
    (2) Maps of Unit 7 follow:

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[[Page 781]]


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[[Page 782]]


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[[Page 783]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.063

    (h) Unit 8: Lake Pontchartrain, Lake St. Catherine, The Rigolets, 
Little Lake, Lake Borgne, and Mississippi Sound in Jefferson, Orleans, 
St. Tammany, and St. Bernard Parish, Louisiana, Hancock, Jackson, and 
Harrison Counties in Mississippi, and in Mobile County, Alabama. (1) 
Unit 8 encompasses Lake Pontchartrain east of the Lake Pontchartrain 
Causeway, all of Little Lake, The Rigolets, Lake St. Catherine, Lake 
Borgne, including Heron Bay, and the Mississippi Sound. Critical habitat 
follows the shorelines around the perimeters of each included lake. The 
Mississippi Sound includes adjacent open bays including Pascagoula Bay, 
Point aux Chenes Bay, Grand Bay, Sandy Bay, and barrier island passes, 
including Ship Island Pass, Dog Keys Pass, Horn Island Pass, and Petit 
Bois Pass. The northern boundary of the Mississippi Sound is the 
shorelines of the mainland between Heron Bay Point, MS and Point aux 
Pins, AL. Designated critical habitat excludes St. Louis Bay, north of 
the railroad bridge across its mouth; Biloxi Bay, north of the U.S. 
Highway 90 bridge; and Back Bay of Biloxi. The southern boundary follows 
along the broken shoreline of Lake Borgne created by low swampy islands 
from Malheureux Point to Isle au Pitre. From the northeast point of Isle 
au Pitre, the boundary continues in a straight north-northeast line to 
the point 1 nm (1.9 km) seaward of the western most extremity of Cat 
Island (30[deg]13[sec]N, 89[deg]10[sec]W). The southern boundary 
continues 1 nm (1.9 km) offshore of the barrier islands and offshore of 
the 72 COLREGS lines at barrier island

[[Page 784]]

passes (defined at 33 CFR 80.815 (c)), (d) and (e) to the eastern 
boundary. Between Cat Island and Ship Island there is no 72 COLREGS 
line. We therefore, have defined that section of the southern boundary 
as 1 nm (1.9 km) offshore of a straight line drawn from the southern tip 
of Cat Island to the western tip of Ship Island. The eastern boundary is 
the line of longitude 88[deg]18.8[sec]W from its intersection with the 
shore (Point aux Pins) to its intersection with the southern boundary. 
The lateral extent of Unit 8 is the MHW line on each shoreline of the 
included water bodies or the entrance to rivers, bayous, and creeks.
    (2) Major shipping channels in this unit, as identified on standard 
navigation charts and marked by buoys, are excluded under section 
4(b)(2) of the Act.
    (3) Maps of Unit 8 follow:

[[Page 785]]

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[[Page 786]]


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[[Page 787]]


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[[Page 788]]


[GRAPHIC] [TIFF OMITTED] TR19MR03.067

    (i) Unit 9: Pensacola Bay System in Escambia and Santa Rosa 
Counties, Florida. (1) Unit 9 includes Pensacola Bay and its adjacent 
main bays and coves. These include Big Lagoon, Escambia Bay, East Bay, 
Blackwater Bay, Bayou Grande, Macky Bay, Saultsmar Cove, Bass Hole Cove, 
and Catfish Basin. All other bays, bayous, creeks, and rivers are 
excluded at their mouths. The western boundary is the Florida State 
Highway 292 Bridge crossing Big Lagoon to Perdido Key. The southern 
boundary is the 72 COLREGS line between Perdido Key and Santa Rosa 
Island (defined at 33 CFR 80.810(g)). The eastern boundary is the 
Florida State Highway 399 Bridge at Gulf Breeze, FL. The lateral extent 
of Unit 9 is the MHW line on each included bay's shoreline.
    (2) Major shipping channels in this unit, as identified on standard 
navigation charts and marked by buoys, are excluded under section 
4(b)(2) of the Act.
    (3) A Map of Unit 9 follows:

[[Page 789]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.068

    (j) Unit 10: Santa Rosa Sound in Escambia, Santa Rosa, and Okaloosa 
Counties, Florida. (1) Unit 10 includes the Santa Rosa Sound, bounded on 
the west by the Florida State Highway 399 bridge in Gulf Breeze, FL. The 
eastern boundary is the U.S. Highway 98 bridge

[[Page 790]]

in Fort Walton Beach, FL. The northern and southern boundaries of Unit 
10 are formed by the shorelines to the MHW line or by the entrance to 
rivers, bayous, and creeks.
    (2) A Map of Unit 10 follows:
    [GRAPHIC] [TIFF OMITTED] TR19MR03.069
    

[[Page 791]]


    (k) Unit 11: Florida Nearshore Gulf of Mexico Unit in Escambia, 
Santa Rosa, Okaloosa, Walton, Bay, and Gulf Counties, Florida. (1) Unit 
11 includes a portion of the Gulf of Mexico as defined by the following 
boundaries. The western boundary is the line of longitude 
87[deg]20.0[min]W (approximately 1 nm (1.9 km) west of Pensacola Pass) 
from its intersection with the shore to its intersection with the 
southern boundary. The northern boundary is the MHW of the mainland 
shoreline and the 72 COLREGS lines at passes as defined at 30 CFR 
80.810(a-g). The southern boundary is 1 nm (1.9 km) offshore of the 
northern boundary. The eastern boundary is the line of longitude 
85[deg]17.0[min]W from its intersection with the shore (near Money Bayou 
between Cape San Blas and Indian Peninsula) to its intersection with the 
southern boundary.
    (2) A Map of Unit 11 follows:

[[Page 792]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.070

    (l) Unit 12: Choctawhatchee Bay in Okaloosa and Walton Counties, 
Florida. (1) Unit 12 includes the main body of Choctawhatchee Bay, 
Hogtown Bayou, Jolly Bay, Bunker Cove, and Grassy Cove. All other 
bayous, creeks, rivers are excluded at their mouths/entrances. The 
western boundary is the

[[Page 793]]

U.S. Highway 98 bridge at Fort Walton Beach, FL. The southern boundary 
is the 72 COLREGS line across East (Destin) Pass as defined at 33 CFR 
80.810(f). The lateral extent of Unit 12 is the MHW line on each 
shoreline of the included water bodies.
    (2) A Map of Unit 12 follows:
    [GRAPHIC] [TIFF OMITTED] TR19MR03.071
    

[[Page 794]]


    (m) Unit 13: Apalachicola Bay in Gulf and Franklin County, Florida. 
(1) Unit 13 includes the main body of Apalachicola Bay and its adjacent 
sounds, bays, and the nearshore waters of the Gulf of Mexico. These 
consist of St. Vincent Sound, including Indian Lagoon; Apalachicola Bay 
including Horseshoe Cove and All Tides Cove; East Bay including Little 
Bay and Big Bay; and St George Sound, including Rattlesnake Cove and 
East Cove. Barrier Island passes (Indian Pass, West Pass, and East Pass) 
are also included. Sike's cut is excluded from the lighted buoys on the 
Gulf of Mexico side to the day boards on the bay side. The southern 
boundary includes water extending into the Gulf of Mexico 1 nm (1.9 km) 
from the MHW line of the barrier islands and from 72 COLREGS lines 
between the barrier islands (defined at 33 CFR 80.805(e-h)). The western 
boundary is the line of longitude 85[deg]17.0[min]W from its 
intersection with the shore (near Money Bayou between Cape San Blas and 
Indian Peninsula) to its intersection with the southern boundary. The 
eastern boundary is formed by a straight line drawn from the shoreline 
of Lanark Village at 29[deg]53.1[min]N, 84[deg]35.0[min]W to a point 
that is 1 nm (1.9 km) offshore from the northeastern extremity of Dog 
Island at 29[deg]49.6[min]N, 84[deg]33.2[min]W. The lateral extent of 
Unit 13 is the MHW line on each shoreline of the included water bodies 
or the entrance of excluded rivers, bayous, and creeks.
    (2) A Map of Unit 13 follows:

[[Page 795]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.072

    (n) Unit 14: Suwannee Sound in Dixie and Levy Counties, Florida. (1) 
Unit 14 includes Suwannee Sound and a portion of adjacent Gulf of Mexico 
waters extending 9 nm from shore (16.7 km) out to the State territorial 
water boundary. Its northern boundary is formed by a straight line from 
the

[[Page 796]]

northern tip of Big Pine Island (at approximately 29[deg]23[min]N, 
83[deg]12[min]W) to the Federal-State boundary at 29[deg]17[min]N, 
83[deg]21[min]W. The southern boundary is formed by a straight line from 
the southern tip of Richards Island (at approximately 83[deg]04[min]W, 
29[deg]11[min]N) to the Federal-State boundary at 83[deg]15[min]W, 
29[deg]04[min]N. The lateral extent of Unit 14 is the MHW line along the 
shorelines and the mouths of the Suwannee River (East and West Pass), 
its distributaries, and other rivers, creeks, or water bodies.
    (2) A Map of Unit 14 follows:

[[Page 797]]

[GRAPHIC] [TIFF OMITTED] TR19MR03.073


[68 FR 13454, Mar. 19, 2003]

[[Page 798]]



Sec. 226.215  Critical habitat for the North Pacific Right Whale 
(Eubalaena japonica).

    (a) Primary Constituent Elements. The primary constituent elements 
of the North Pacific right whale are the copepods Calanus marshallae, 
Neocalanus cristatus, and N. plumchris, and the euphausiid Thysanoessa 
raschii, in areas of the North Pacific Ocean in which North Pacific 
right whales are known or believed to feed, as described in paragraphs 
(b) and (c) of this section.
    (b) Bering Sea. An area described by a series of straight lines 
connecting the following coordinates in the order listed:
    58[deg] 00[min] N/168[deg] 00[min] W
    58[deg] 00[min] N/163[deg] 00[min] W
    56[deg] 30[min] N/161[deg] 45[min] W
    55[deg] 00[min] N/166[deg] 00[min] W
    56[deg] 00[min] N/168[deg] 00[min] W
    58 [deg]00[min] N/168[deg] 00[min] W.
    (c) Gulf of Alaska. An area described by a series of straight lines 
connecting the following coordinates in the order listed:
    57[deg] 03[min] N/153[deg] 00[min] W
    57[deg] 18[min] N/151[deg] 30[min] W
    57[deg] 00[min] N/ 151[deg] 30[min] W
    56[deg] 45[min] N/153[deg] 00[min] W
    57[deg] 03[min] N/153[deg] 00[min] W.
    (d) Maps of critical habitat for the North Pacific right whale 
follow:

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[[Page 800]]


[GRAPHIC] [TIFF OMITTED] TR08AP08.006


[73 FR 19011, Apr. 8, 2008]

[[Page 801]]



Sec. 226.216  Critical habitat for elkhorn (Acropora palmata) 
and staghorn (A. cervicornis) corals.

    Critical habitat is designated for both elkhorn and staghorn corals 
as described in this section. The textual descriptions of critical 
habitat in paragraphs (b) and (c) of this section are the definitive 
source for determining the critical habitat boundaries. The overview 
maps in paragraph (d) of this section are provided for general guidance 
purposes only, and not as a definitive source for determining critical 
habitat boundaries.
    (a) Physical Feature Essential to the Conservation of Threatened 
Corals. The physical feature essential to the conservation of elkhorn 
and staghorn corals is: substrate of suitable quality and availability 
to support larval settlement and recruitment, and reattachment and 
recruitment of asexual fragments. ``Substrate of suitable quality and 
availability'' is defined as natural consolidated hard substrate or dead 
coral skeleton that is free from fleshy or turf macroalgae cover and 
sediment cover.
    (b) Critical Habitat Areas. Critical habitat includes one specific 
area of the Atlantic Ocean offshore of Palm Beach, Broward, Miami-Dade, 
and Monroe counties, Florida, and three specific areas of the Atlantic 
Ocean and Caribbean Sea offshore of the U.S. Territories of Puerto Rico 
and the U.S. Virgin Islands. The boundaries of each specific critical 
habitat area are described below. Except as specified below, the seaward 
boundary is the 98-ft (30-m) depth contour and the shoreward boundary is 
the line of mean low water (MLW; 33 CFR 2.20). Within these boundaries, 
discrete areas of water deeper than 98 ft (30 m) are not included.
    (1) Florida Area: The Florida area contains three sub-areas.
    (i) The shoreward boundary for Florida sub-area A begins at the 6-ft 
(1.8 m) contour at the south side of Boynton Inlet, Palm Beach County at 
26[deg] 32[min] 42.5[sec] N; then runs due east to the point of 
intersection with the 98-ft (30 m) contour; then follows the 98-ft (30 
m) contour to the point of intersection with latitude 25[deg] 45[min] 
55[sec] N, Government Cut, Miami-Dade County; then runs due west to the 
point of intersection with the 6-ft (1.8 m) contour, then follows the 6-
ft (1.8 m) contour to the beginning point.
    (ii) The shoreward boundary of Florida sub-area B begins at the MLW 
line at 25[deg] 45[min] 55[sec] N, Government Cut, Miami-Dade County; 
then runs due east to the point of intersection with the 98-ft (30 m) 
contour; then follows the 98-ft (30 m) contour to the point of 
intersection with longitude 82[deg] W; then runs due north to the point 
of intersection with the South Atlantic Fishery Management Council 
(SAFMC) boundary at 24[deg] 31[min] 35.75[sec] N; then follows the SAFMC 
boundary to a point of intersection with the MLW line at Key West, 
Monroe County; then follows the MLW line, the SAFMC boundary (see 50 CFR 
600.105(c)), and the COLREGS line (see 33 CFR 80.727. 730, 735, and 740) 
to the beginning point.
    (iii) The seaward boundary of Florida sub-area C (the Dry Tortugas) 
begins at the northern intersection of the 98-ft (30 m) contour and 
longitude 82[deg] 45' W; then follows the 98-ft (30 m) contour west 
around the Dry Tortugas, to the southern point of intersection with 
longitude 82[deg] 45' W; then runs due north to the beginning point.
    (2) Puerto Rico Area: All areas surrounding the islands of the 
Commonwealth of Puerto Rico, 98 ft (30 m) in depth and shallower, 
seaward of the COLREGS line (see 33 CFR 80.738).
    (3) St. Thomas/St. John Area: All areas surrounding the islands of 
St. Thomas and St. John, U.S. Virgin Islands, and smaller surrounding 
islands, 98 ft (30 m) in depth and shallower.
    (4) St. Croix Area: All areas surrounding the island of St. Croix, 
U.S. Virgin Islands, 98 ft (30 m) in depth and shallower.
    (c) Areas not included in critical habitat. Critical habitat does 
not include the following particular areas where they overlap with the 
areas described in paragraph (b) of this section:
    (1) Pursuant to ESA section 4(a)(3)(B), all areas subject to the 
2008 Naval Air Station Key West Integrated Natural Resources Management 
Plan.
    (2) Pursuant to ESA section 3(5)(A)(i), all areas containing 
existing (already constructed) federally authorized or permitted man-
made structures

[[Page 802]]

such as aids-to-navigation (ATONs), artificial reefs, boat ramps, docks, 
pilings, maintained channels, or marinas.
    (3) Pursuant to ESA section 3(5)(A)(i), all waters identified as 
existing (already constructed) federally authorized channels and harbors 
as follows:
    (i) Palm Beach Harbor.
    (ii) Hillsboro Inlet.
    (iii) Port Everglades.
    (iv) Miami Harbor.
    (v) Key West Harbor.
    (vi) Arecibo Harbor.
    (vii) San Juan Harbor.
    (viii) Fajardo Harbor.
    (ix) Ponce Harbor.
    (x) Mayaguez Harbor.
    (xi) St. Thomas Harbor.
    (xii) Christiansted Harbor.
    (d) Areas excluded from critical habitat. Pursuant to ESA Section 
4(b)(2), all waters of the Restricted Anchorage Area as described at 33 
CFR 334.580, beginning at a point located at 26[deg] 05[min] 30'' N, 80 
03[min] 30'' W.; proceed west to 26[deg] 05[min] 30[sec] N, 80[deg] 
06[min] 30[sec] W; thence, southerly to 26[deg] 03[min] 00[sec] N, 
longitude 80[deg] 06[min] 42[sec] W; thence, east to latitude 26[deg] 
03[min] 00[sec] N, 80[deg] 05[min] 44[sec] W.; thence, south to 26[deg] 
01[min] 36[sec] N, 80[deg] 05[min] 44[sec] W.; thence, east to 26[deg] 
01[min] 36[sec] N, 80[deg] 03[min] 30[sec] W; thence, north to the point 
of beginning.
    (e) Overview maps of designated critical habitat for elkhorn and 
staghorn corals follow.

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[[Page 804]]


[GRAPHIC] [TIFF OMITTED] TR26NO08.002


[[Page 805]]


[GRAPHIC] [TIFF OMITTED] TR26NO08.003


[[Page 806]]


[GRAPHIC] [TIFF OMITTED] TR26NO08.004


[73 FR 72236, Nov. 26, 2008]



Sec. 226.217  Critical habitat for the Gulf of Maine Distinct Population
Segment of Atlantic Salmon (Salmo salar).

    Critical habitat is designated to include all perennial rivers, 
streams, and estuaries and lakes connected to the marine environment 
within the range of the Gulf of Maine Distinct Population Segment of 
Atlantic Salmon (GOM DPS), except for those particular areas within the 
range which are specifically excluded. Within the GOM DPS, the primary 
constituent elements

[[Page 807]]

(PCEs) for Atlantic salmon include sites for spawning and incubation, 
sites for juvenile rearing, and sites for migration. The essential 
physical and biological features of habitat are those features that 
allow Atlantic salmon to successfully use sites for spawning and rearing 
and sites for migration. These features include substrate of suitable 
size and quality; rivers and streams of adequate flow, depth, water 
temperature and water quality; rivers, streams, lakes and ponds with 
sufficient space and diverse, abundant food resources to support growth 
and survival; waterways that allow for free migration of both adult and 
juvenile Atlantic salmon; and diverse habitat and native fish 
communities in which salmon interact with while feeding, migrating, 
spawning, and resting.
    (a) The GOM DPS is divided into three salmon habitat recovery units 
(SHRUs) within the range of the GOM DPS: These are the Downeast Coastal 
SHRU, the Penobscot Bay SHRU, and the Merrymeeting Bay SHRU. Critical 
habitat is being considered only in specific areas currently occupied by 
the species. Critical habitat specific areas are identified by 
hydrological unit codes (HUC) and counties within the States of Maine. 
Hydrological units are those defined by the Department of Interior 
(DOI), U.S. Geological Survey (USGS) publication, ``Hydrologic Unit 
Maps'' Water Supply Paper (Seaber et al., 1994) and the following DOI, 
USGS 1:500,000 scale hydrologic unit map: State of Maine. These 
documents are incorporated by reference. The incorporation by reference 
was approved by the Director of the Federal Register in accordance with 
5 U.S.C. 552(a) and 1 CFR part 51. Copies of the USGS publication and 
the maps may be obtained from the USGS, Map Sales, Box 25286, Denver, CO 
80225. Copies may be inspected at NMFS, Protected Resources Division, 
Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 
20910, or at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/Federal--register/code--of--
Federal--regulations/ibr--locations.html.
    (b) Critical habitat is designated in the Maine counties and towns 
for the three SHRUs described in paragraphs (b)(1) and (2) of this 
section. The textual descriptions of critical habitat for each SHRU are 
included in paragraphs (b)(3) through (6) of this section, and these 
descriptions are the definitive source for determining the critical 
habitat boundaries. A general location map (Figure 1) is provided at the 
end of paragraph (b)(2) and is for general guidance purposes only, and 
not as a definitive source for determining critical habitat boundaries.
    (1) Maine counties and towns affected. Critical habitat is 
designated for the following SHRUs in the following counties and towns.
    (i) Counties and towns partially or entirely within areas containing 
critical habitat in the Downeast Coastal SHRU:

------------------------------------------------------------------------
            Sub-basin                   County               Town
------------------------------------------------------------------------
Coastal Washington Hancock......  Penobscot.........  Clifton,
                                                       Eddington, Grand
                                                       Falls Twp,
                                                       Greenfield Twp,
                                                       Summit Twp.
                                  Hancock...........  Waltham,
                                                       Bucksport,
                                                       Dedham,
                                                       Eastbrook,
                                                       Ellsworth,
                                                       Fletchers Landing
                                                       Twp, Franklin,
                                                       Great Pond,
                                                       Hancock, Lamoine,
                                                       Mariaville,
                                                       Oqiton Twp,
                                                       Orland, Osborn,
                                                       Trenton Otis,
                                                       Sullivan, Surry,
                                                       T10 SD, T16 MD,
                                                       T22 MD, T28 MD,
                                                       T32 MD, T34 MD,
                                                       T35 MD, T39 MD,
                                                       T40 MD, T41 MD,
                                                       T7 SD, T9 SD.
                                  Washington........  Addison,
                                                       Alexander,
                                                       Baileyville,
                                                       Baring Plt,
                                                       Beddington,
                                                       Centerville Twp,
                                                       Charlotte,
                                                       Cherryfield,
                                                       Columbia,
                                                       Columbia Falls,
                                                       Cooper, Crawford,
                                                       Cutler, Deblois,
                                                       Dennysville,
                                                       Devereaux Twp,
                                                       East Machias,
                                                       Edmunds Twp,
                                                       Harrington,
                                                       Jonesboro,
                                                       Jonesport, Lubec,
                                                       Machias,
                                                       Machiasport,
                                                       Marion Twp,
                                                       Marshfield,
                                                       Meddybemps,
                                                       Milbridge, No 14
                                                       Twp, No 21 Twp,
                                                       Northfield,
                                                       Princeton, Roque
                                                       Bluffs, Sakom
                                                       Twp, Steuben,
                                                       Trescott Twp,
                                                       Whiting,
                                                       Whitneyville,
                                                       Wesley T18 ED
                                                       BPP, T18 MD BPP,
                                                       T19 ED BPP, T19
                                                       MD BPP, T24 MD
                                                       BPP, T25 MD BPP,
                                                       T26 ED BPP, T27
                                                       ED BPP, T30 MD
                                                       BPP, T31 MD BPP,
                                                       T36 MD BPP, T37
                                                       MD BPP, T42 MD
                                                       BPP, T43 MD BPP.
------------------------------------------------------------------------

    (ii) Counties and towns partially or entirely within areas 
containing critical habitat in the Penobscot Bay SHRU:

[[Page 808]]



------------------------------------------------------------------------
            Sub-basin                   County               Town
------------------------------------------------------------------------
Piscataquis.....................  Penobscot.........  T4 Indian Purchase
                                                       Twp, Long A Twp,
                                                       Seboeis Plt,
                                                       Mattamiscontis
                                                       Twp, Maxfield,
                                                       Lagrange,
                                                       Charleston,
                                                       Howland, T3 R9
                                                       NWP, Edinburg,
                                                       Hopkins Academy
                                                       Grant Twp,
                                                       Garland.
                                  Piscataquis.......  Shawtown Twp, TA
                                                       R11 WELS, TA R10
                                                       WELS, TB R10
                                                       WELS, Greenville,
                                                       T7 R9 NWP,
                                                       Bowdoin College
                                                       Grant West Twp,
                                                       T4 R9 NWP,
                                                       Ebeemee Twp,
                                                       Moosehead
                                                       Junction Twp,
                                                       Lake View Plt,
                                                       Brownville, Milo,
                                                       Blanchard Twp,
                                                       Sebec, Dover-
                                                       Foxcroft, Abbot,
                                                       Kingsbury Plt,
                                                       Parkman,
                                                       Wellington,
                                                       Frenchtown Twp,
                                                       Medford,
                                                       Sangerville, TB
                                                       R11 WELS,
                                                       Katahdin Iron
                                                       Works Twp,
                                                       Elliottsville
                                                       Twp, Shirley,
                                                       Guilford,
                                                       Atkinson, Beaver
                                                       Cove,
                                                       Williamsburg Twp,
                                                       Bowdoin College
                                                       Grant East Twp,
                                                       Barnard Twp,
                                                       Monson, Orneville
                                                       Twp.
                                  Somerset..........  Squaretown Twp,
                                                       Mayfield Twp,
                                                       Brighton Plt,
                                                       East Moxie Twp,
                                                       Bald Mountain Twp
                                                       T2 R3.
------------------------------------------------------------------------
East Branch.....................  Aroostook.........  Moro Plt, T7 R5
                                                       WELS.
                                  Penobscot.........  Mount Chase, East
                                                       Millinocket,
                                                       Grindstone Twp,
                                                       Herseytown Twp,
                                                       Medway, Patten,
                                                       Soldiertown Twp
                                                       T2 R7 WELS,
                                                       Stacyville, T1 R6
                                                       WELS, T2 R8 WELS,
                                                       T3 R7 WELS, T3 R8
                                                       WELS, T4 R7 WELS,
                                                       T4 R8 WELS, T5 R7
                                                       WELS, T5 R8 WELS,
                                                       T6 R6 WELS, T6 R7
                                                       WELS, T6 R8 WELS,
                                                       T7 R6 WELS, T7 R7
                                                       WELS, T7 R8 WELS,
                                                       T8 R6 WELS, T8 R7
                                                       WELS, T8 R8 WELS.
                                  Piscataquis.......  Mount Katahdin
                                                       Twp,
                                                       Nesourdnahunk
                                                       Twp, Trout Brook
                                                       Twp, T3 R10 WELS,
                                                       T4 R10 WELS, T4
                                                       R9 WELS, T5 R11
                                                       WELS, T5 R9 WELS,
                                                       T6 R10 WELS, T6
                                                       R11 WELS, T7 R10
                                                       WELS, T7 R11
                                                       WELS, T7 R12
                                                       WELS, T7 R9 WELS.
------------------------------------------------------------------------
Mattawamkeag....................  Aroostook.........  Amity, Bancroft,
                                                       Benedicta Twp,
                                                       Crystal, Dudley
                                                       Twp, Dyer Brook,
                                                       Forkstown Twp,
                                                       Moro Plt, North
                                                       Yarmouth Academy
                                                       Grant Twp,
                                                       Oakfield, Orient,
                                                       Reed Plt,
                                                       Sherman, Silver
                                                       Ridge Twp,
                                                       Smyrna, Upper
                                                       Molunkus Twp,
                                                       Webbertown Twp,
                                                       Weston, T1 R5
                                                       WELS, T2 R4 WELS,
                                                       T3 R3 WELS, T3 R4
                                                       WELS, T4 R3 WELS,
                                                       T7 R5 WELS, TA R2
                                                       WELS.
                                  Penobscot.........  Carroll Plt, Drew
                                                       Plt, Herseytown
                                                       Plt, Kingman Twp,
                                                       Lee, Lincoln,
                                                       Mattawamkeag,
                                                       Mount Chase,
                                                       Patten, Prentiss
                                                       Twp T7 R3 NBPP,
                                                       Springfield,
                                                       Stacyville,
                                                       Webster Plt,
                                                       Winn, T1 R6 WELS,
                                                       T4 R7 WELS, T6 R6
                                                       WELS.
                                  Washington........  T8 R3 NBPP, T8 R4
                                                       NBPP.
------------------------------------------------------------------------
Penobscot.......................  Aroostook.........  Benedicta TWP,
                                                       Molunkus Twp,
                                                       Sherman, T1 R5
                                                       WELS.
                                  Hancock...........  Amherst, Blue
                                                       Hill, Bucksport,
                                                       Castine, Dedham,
                                                       Great Pond,
                                                       Oqiton Twp,
                                                       Orland,
                                                       Penobscot, Surry,
                                                       Verona Island, T3
                                                       ND, T32 MD, T34
                                                       MD, T35 MD, T39
                                                       MD, T40 MD, T41
                                                       MD.
                                  Penobscot.........  Alton, Argyle Twp,
                                                       Bangor, Brewer,
                                                       Burlington,
                                                       Carmel,
                                                       Charleston,
                                                       Chester, Clifton,
                                                       Corinna, Corinth,
                                                       Dexter, Dixmont,
                                                       Eddington,
                                                       Edinburg,
                                                       Enfield, Etna,
                                                       Exeter, Garland,
                                                       Glenburn, Grand
                                                       Falls Twp,
                                                       Hampden, Hermon,
                                                       Herseytown Twp,
                                                       Holden, Howland,
                                                       Hudson, Indian
                                                       Island,
                                                       Kenduskeag,
                                                       Lagrange,
                                                       Lakeville, Lee,
                                                       Levant, Lincoln,
                                                       Lowell,
                                                       Mattamiscontis
                                                       Twp,
                                                       Mattawamkeag,
                                                       Maxfield, Medway,
                                                       Milford,
                                                       Newburgh,
                                                       Newport, Old
                                                       Town, Orono,
                                                       Orrington,
                                                       Passadumkeag,
                                                       Plymouth, Seboeis
                                                       Plt, Springfield,
                                                       Stacyville,
                                                       Stetson, Summit
                                                       Twp, Veazie,
                                                       Winn, Woodville
                                                       T1 R6 WELS, T2 R8
                                                       NWP, T2 R9 NWP,
                                                       T3 R1 NBPP, T3 R9
                                                       NWP, TA R7 WELS.
                                  Piscataquis.......  Medford.
                                  Waldo.............  Brooks, Frankfort,
                                                       Jackson, Knox,
                                                       Monroe,
                                                       Montville,
                                                       Prospect,
                                                       Searsport,
                                                       Stockton Springs,
                                                       Swanville,
                                                       Thorndike, Waldo,
                                                       Winterport.
------------------------------------------------------------------------
Penobscot Bay...................  Waldo.............  Belfast, Belmont,
                                                       Brooks,
                                                       Frankfort, Knox,
                                                       Lincolnville,
                                                       Monroe,
                                                       Montville,
                                                       Morrill,
                                                       Northport,
                                                       Searsmont,
                                                       Searsport,
                                                       Swanville, Waldo.
------------------------------------------------------------------------

    (iii) Counties and towns partially or entirely within areas 
containing critical habitat in the Merrymeeting Bay SHRU:

[[Page 809]]



------------------------------------------------------------------------
            Sub-basin                   County               Town
------------------------------------------------------------------------
Lower Androscoggin..............  Androscoggin......  Auburn, Durham,
                                                       Greene, Leeds,
                                                       Lewiston, Lisbon,
                                                       Sabattus, Wales.
                                  Cumberland........  Brunswick,
                                                       Freeport.
                                  Kennebec..........  Litchfield,
                                                       Monmouth
                                  Sagadahoc.........  Bath, Bowdoin,
                                                       Bowdoinham,
                                                       Richmond,
                                                       Topsham.
Merrymeeting Bay................  Androscoggin......  Livermore Falls.
                                  Franklin..........  Avon, Carthage,
                                                       Chesterville,
                                                       Farmington,
                                                       Freeman Twp,
                                                       Industry, Jay,
                                                       Madrid Twp, Mount
                                                       Abram Twp, New
                                                       Sharon, New
                                                       Vineyard, Perkins
                                                       TWP, Phillips,
                                                       Redington Twp,
                                                       Salem Twp, Sandy
                                                       River Plt,
                                                       Strong, Temple,
                                                       Township 6 North
                                                       of Weld, Township
                                                       E, Washington
                                                       Twp, Weld,
                                                       Wilton.
                                  Kennebec..........  Augusta, Benton,
                                                       Chelsea, China,
                                                       Clinton,
                                                       Farmingdale,
                                                       Fayette,
                                                       Gardiner,
                                                       Hallowell,
                                                       Manchester,
                                                       Oakland,
                                                       Pittston,
                                                       Randolph, Rome,
                                                       Sidney,
                                                       Vassalboro,
                                                       Vienna,
                                                       Waterville, West
                                                       Gardiner,
                                                       Windsor, Winslow.
                                  Lincoln...........  Alna, Dresden,
                                                       Whitefield,
                                                       Wiscasset.
                                  Sagadahoc.........  Bowdoinham,
                                                       Perkins Twp Swan
                                                       Island, Richmond,
                                                       Woolwich.
                                  Somerset..........  Anson, Athens,
                                                       Bingham, Brighton
                                                       Plt, Canaan,
                                                       Cornville,
                                                       Fairfield,
                                                       Hartland,
                                                       Madison, Mayfield
                                                       Twp, Mercer,
                                                       Norridgewock,
                                                       Pittsfield,
                                                       Skowhegan,
                                                       Smithfield,
                                                       Solon, Starks.
Coastal Drainages East of Small   Cumberland........  Brunswick.
 Point.
                                  Kennebec..........  Albion, Pittston,
                                                       Windsor.
                                  Knox..............  Appleton, Camdem,
                                                       Cushing,
                                                       Friendship, Hope,
                                                       Rockland,
                                                       Rockport, Saint
                                                       George, South
                                                       Thomaston,
                                                       Thomaston, Union,
                                                       Warren,
                                                       Washington.
                                  Lincoln...........  Alna, Boothbay,
                                                       Boothbay Harbor,
                                                       Bremen, Briston,
                                                       Dresden,
                                                       Edgecomb,
                                                       Hibberts Gore,
                                                       Jefferson,
                                                       Newcastle,
                                                       Nobleboro,
                                                       Somerville,
                                                       Southport,
                                                       Waldoboro,
                                                       Westport Island,
                                                       Whitefield,
                                                       Wiscasset.
                                  Sagadahoc.........  Arrowsic, Bath,
                                                       Bowdoinham,
                                                       Georgetown,
                                                       Phippsburg, West
                                                       Bath, Woolwich.
                                  Waldo.............  Belmont, Freedom,
                                                       Liberty,
                                                       Lincolnville,
                                                       Montville,
                                                       Morrill, Palermo,
                                                       Searsmont.
------------------------------------------------------------------------

    (2) Critical habitat boundaries. Critical habitat includes the 
stream channels within the designated stream reaches, and includes a 
lateral extent as defined by the ordinary high-water line (33 CFR 
329.11). In areas where the ordinary high-water line has not been 
defined, the lateral extent will be defined by the bankfull elevation. 
Bankfull elevation is the level at which water begins to leave the 
channel and move into the floodplain and is reached at a discharge which 
generally has a recurrence interval of 1 to 2 years on an annual flood 
series. Critical habitat in estuaries is defined by the perimeter of the 
water body as displayed on standard 1:24,000 scale topographic maps or 
the elevation of extreme high water, whichever is greater.

[[Page 810]]

[GRAPHIC] [TIFF OMITTED] TR19JN09.001

    (i) HUC 10 watersheds in the Penobscot Bay SHRU analyzed for 
critical habitat, those that meet the criteria for critical habitat, and 
those excluded under ESA section 4(b)(2):

----------------------------------------------------------------------------------------------------------------
                                                                                                  Economic (E),
                                                                                                  Military (M),
  Penobscot Bay SHRU      HUC 10 Code            HUC 10 Name                    Status            or  Tribal (T)
                                                                                                    exclusions
----------------------------------------------------------------------------------------------------------------
1.....................      0102000101  North Branch Penobscot River.  ........................  ...............
2.....................      0102000102  Seeboomook Lake..............  ........................  ...............

[[Page 811]]

 
3.....................      0102000103  WEST Branch Penobscot River    ........................  ...............
                                         at Chesuncook Lake.
4.....................      0102000104  Caucomgomok Lake.............  ........................  ...............
5.....................      0102000105  Chesuncook Lake..............  ........................  ...............
6.....................      0102000106  Nesowadnehunk Stream.........  ........................  ...............
7.....................      0102000107  Nahamakanta Stream...........  ........................  ...............
8.....................      0102000108  Jo-Mary Lake.................  ........................  ...............
9.....................      0102000109  West Branch Penobscot River    ........................  ...............
                                         (3).
10....................      0102000110  West Branch Penobscot River    ........................  ...............
                                         (4).
11....................      0102000201  Webster Brook................  ........................  ...............
12....................      0102000202  Grand Lake Matagamon.........  Critical Habitat........               T
13....................      0102000203  East Branch Penobscot River    Critical Habitat........               T
                                         (2).
14....................      0102000204  Seboeis River................  Critical Habitat........               T
15....................      0102000205  East Branch Penobscot River    Critical Habitat........               T
                                         (3).
16....................      0102000301  West Branch Mattawamkeag       Critical Habitat........               T
                                         River.
17....................      0102000302  East Branch Mattawamkeag       Critical Habitat........  ...............
                                         River.
18....................      0102000303  Mattawamkeag River (1).......  Critical Habitat........  ...............
19....................      0102000304  Baskahegan Stream............  ........................  ...............
20....................      0102000305  Mattawamkeag River (2).......  Critical Habitat........  ...............
21....................      0102000306  Molunkus Stream..............  Critical Habitat........               E
22....................      0102000307  Mattawamkeag River (3........  Critical Habitat........               T
23....................      0102000401  Piscataquis River (1)........  Critical Habitat........  ...............
24....................      0102000402  Piscataquis River (3)........  Critical Habitat........  ...............
25....................      0102000403  Sebec River..................  ........................  ...............
26....................      0102000404  Pleasant River...............  Critical Habitat........               T
27....................      0102000405  Seboeis Stream...............  Critical Habitat........               T
28....................      0102000406  Piscataquis River (4)........  Critical Habitat........              ``
29....................      0102000501  Penobscot River (1) at         Critical Habitat........               T
                                         Mattawamkeag.
30....................      0102000502  Penobscot River (2) at West    Critical Habitat........               T
                                         Enfield.
31....................      0102000503  Passadumkeag River...........  Critical Habitat........               E
32....................      0102000505  Sunkhaze Stream..............  Critical Habitat........  ...............
33....................      0102000506  Penobscot River (3) at Orson   Critical Habitat........               T
                                         Island.
34....................      0102000507  Birch Stream.................  Critical Habitat........               T
35....................      0102000508  Pushaw Stream................  ........................  ...............
36....................      0102000509  Penobscot River (4) at Veazie  Critical Habitat........  ...............
                                         Dam.
37....................      0102000510  Kenduskeag Stream............  Critical Habitat........  ...............
38....................      0102000511  Souadabscook Stream..........  Critical Habitat........  ...............
39....................      0102000512  Marsh River..................  Critical Habitat........  ...............
40....................      0102000513  Penobscot River (6)..........  Critical Habitat........  ...............
92....................      0105000216  Bagaduce River...............  ........................  ...............
93....................      0105000217  Stonington Coastal...........  ........................  ...............
94....................      0105000218  Belfast Bay..................  Critical Habitat........               E
105...................      0105000219  Ducktrap River...............  Critical Habitat........  ...............
103...................      0102000504  Olamon Stream................  ........................  ...............
95....................      0105000220  West Penobscot Bay Coastal...  ........................  ...............
----------------------------------------------------------------------------------------------------------------

    (ii) HUC 10 watersheds in the Merrymeeting Bay SHRU analyzed for 
critical habitat, those that meet the criteria for critical habitat, and 
those excluded under ESA section 4(b)(2):

----------------------------------------------------------------------------------------------------------------
                                                                                                   Military (M)
 Merrymeeting Bay SHRU    HUC 10 code            HUC 10 name                    Status              exclusions
----------------------------------------------------------------------------------------------------------------
41....................      0103000101  South Branch Moose River.....
42....................      0103000102  Moose River (2) above Attean
                                         Pond.
43....................      0103000103  Moose River (3) at Long Pond.
44....................      0103000104  Brassua Lake.................
45....................      0103000105  Moosehead Lake...............
46....................      0103000106  Kennebec River (2) above The
                                         Forks.
47....................      0103000201  North Branch Dead River......
48....................      0103000202  South Branch Dead River......
49....................      0103000203  Flagstaff Lake...............
50....................      0103000204  Dead River...................
51....................      0103000301  Kennebec River (4) at Wyman
                                         Dam.
52....................      0103000302  Austin Stream................
53....................      0103000303  Kennebec River (6)...........
54....................      0103000304  Carrabassett River...........
55....................      0103000305  Sandy River..................  Critical Habitat........               M
56....................      0103000306  Kennebec River at Waterville   Critical Habitat........
                                         Dam.

[[Page 812]]

 
57....................      0103000307  Sebasticook River at
                                         Pittsfield.
58....................      0103000308  Sebasticook River (3) at
                                         Burnham.
59....................      0103000309  Sebasticook River (4) at
                                         Winslow.
60....................      0103000310  Messalonskee Stream..........
61....................      0103000311  Cobbosseecontee Stream.......
62....................      0103000312  Kennebec River at              Critical Habitat........
                                         Merrymeeting Bay.
63....................      0104000101  Mooselookmeguntic Lake.......
64....................      0104000102  Umbagog Lake Drainage........
65....................      0104000103  Aziscohos Lake Drainage......
66....................      0104000104  Magalloway River.............
67....................      0104000105  Clear Stream.................
68....................      0104000106  Middle Androscoggin River....
69....................      0104000201  Gorham-Shelburne Tributaries.
70....................      0104000202  Androscoggin River (2) at
                                         Rumford Point.
71....................      0104000203  Ellis River..................
72....................      0104000204  Ellis River..................
73....................      0104000205  Androscoggin River (3) above
                                         Webb River.
74....................      0104000206  Androscoggin River (4) at
                                         Riley Dam.
75....................      0104000207  Androscoggin River (5) at
                                         Nezinscot River.
76....................      0104000208  Nezinscot River..............
77....................      0104000209  Androscoggin River (6) above
                                         Little Androscoggin River.
78....................      0104000210  Little Androscoggin River....  Critical Habitat........               M
96....................      0105000301  St. George River.............  Critical Habitat........
97....................      0105000302  Medomak River................  Critical Habitat........
98....................      0105000303  Johns Bay....................
99....................      0105000304  Damariscotta River...........
100...................      0105000305  Sheepscot River..............  Critical Habitat........
101...................      0105000306  Sheepscot Bay................  Critical Habitat........
102...................      0105000307  Kennebec River Estuary.......  Critical Habitat........               M
----------------------------------------------------------------------------------------------------------------

    (iii) HUC 10 watersheds in the Downeast Coastal SHRU analyzed for 
critical habitat, and those that meet the criteria for critical habitat, 
and those excluded under ESA section 4(b)(2):

----------------------------------------------------------------------------------------------------------------
                                                                                                    Tribal (T)
     Downeast SHRU        HUC 10 code            HUC 10 name                    Status              exclusions
----------------------------------------------------------------------------------------------------------------
79....................      0105000201  Dennys River.................  Critical Habitat........
80....................      0105000203  Grand Manan Channel..........  Critical Habitat........
81....................      0105000204  East Machias River...........  Critical Habitat........               T
82....................      0105000205  Machias River................  Critical Habitat........
83....................      0105000206  Roque Bluffs Coastal.........  Critical Habitat........
84....................      0105000208  Pleasant River...............  Critical Habitat........
85....................      0105000209  Narraguagus River............  Critical Habitat........
86....................      0105000210  Tunk Stream..................  Critical Habitat........
87....................      0105000211  Bois Bubert Coasta...........
88....................      0105000212  Graham Lake..................  Critical Habitat........
89....................      0105000213  Union River Bay..............  Critical Habitat........
90....................      0105000214  Lamoine Coastal..............
91....................      0105000215  Mt. Desert Coastal...........
104...................      0105000207  Chandler River...............  Critical Habitat........
----------------------------------------------------------------------------------------------------------------

    (3) Primary constituent elements. Within the GOM DPS, the primary 
constituent elements (PCEs) for the conservation of Atlantic salmon 
include sites for spawning and incubation, sites for juvenile rearing, 
and sites for migration. The physical and biological features of the 
habitat that are essential to the conservation of Atlantic salmon are 
those features that allow Atlantic salmon to successfully use sites for 
spawning and rearing and sites for migration. These features include:
    (i) Deep, oxygenated pools and cover (e.g., boulders, woody debris, 
vegetation, etc.), near freshwater spawning sites, necessary to support 
adult migrants during the summer while they await spawning in the fall;
    (ii) Freshwater spawning sites that contain clean, permeable gravel 
and cobble substrate with oxygenated water and cool water temperatures 
to

[[Page 813]]

support spawning activity, egg incubation and larval development;
    (iii) Freshwater spawning and rearing sites with clean gravel in the 
presence of cool, oxygenated water and diverse substrate to support 
emergence, territorial development, and feeding activities of Atlantic 
salmon fry;
    (iv) Freshwater rearing sites with space to accommodate growth and 
survival of Atlantic salmon parr, and population densities needed to 
support sustainable populations;
    (v) Freshwater rearing sites with a combination of river, stream, 
and lake habitats, that accommodate parr's ability to occupy many niches 
and to maximize parr production;
    (vi) Freshwater rearing sites with cool, oxygenated water to support 
growth and survival of Atlantic salmon parr;
    (vii) Freshwater rearing sites with diverse food resources to 
support growth and survival of Atlantic salmon parr;
    (viii) Freshwater and estuary migratory sites free from physical and 
biological barriers that delay or prevent access to spawning grounds 
needed to support a recovered population;
    (ix) Freshwater and estuary migration sites with abundant, diverse 
native fish communities to serve as a protective buffer against 
predation;
    (x) Freshwater and estuary migration sites free from physical and 
biological barriers that delay or prevent emigration of smolts to the 
marine environment;
    (xi) Freshwater and estuary migration sites with sufficiently cool 
water temperatures and water flows that coincide with diurnal cues to 
stimulate smolt migration;
    (xii) Freshwater migration sites with water chemistry needed to 
support sea water adaptation of smolts; and
    (xiii) Freshwater and marine sites with diverse, abundant 
assemblages of native fish communities to enhance survivorship as 
Atlantic salmon smolts emigrating through the estuary.
    (4) Habitat that meets the definition of critical habitat in 
occupied habitat areas on Passamaquoddy Tribal Indian lands and Fee 
lands or lands held in Trust by the Penobscot Indian Reservation within 
the range of the GOM DPS are excluded from designation. Per request of 
the Penobscot Tribe, critical habitat does include occupied habitat that 
makes up the Penobscot Indian Reservation. The Indian lands specifically 
excluded from critical habitat are those defined in the Secretarial 
Order 3206, including:
    (i) Lands held in Trust by the United States for the benefit of any 
Indian Tribe;
    (ii) Lands held in trust by the United States for the benefit of any 
Indian Tribe or individual subject to restrictions by the United States 
against alienation;
    (iii) Fee lands, either within or outside the reservation 
boundaries, owned by the tribal government; and
    (iv) Fee lands within the reservation boundaries owned by individual 
Indians.
    The rivers, streams, lakes, and estuaries on approximately 9,500 
acres (38.4 sq km) of lands held by the Passamaquoddy Tribe and 
approximately 60,500 acres (244.8 sq km) of Fee lands and land held in 
Trust for the Penobscot Tribe within the areas occupied by the GOM DPS 
are excluded from critical habitat designation based on the principles 
of the Secretarial Order discussed above. Per request of the Penobscot 
Nation, the rivers, lakes, and streams within the approximately 4,400-
acre (17.8 sq km) Penobscot Reservation are included as critical 
habitat.
    (5) Areas that do not meet the definition of critical habitat under 
section 4(a)(3)(B)(i). Critical habitat does not include the following 
areas owned or controlled by the Department of Defense, or designated 
for its use, that are subject to an integrated natural resources 
management plan prepared under section 101 of the Sikes Act (16 U.S.C. 
670a). These areas that are not included are:
    (i) The 435 acres (1.8 sq km) of the Brunswick Naval Air Station in 
Brunswick Maine within the Little Androscoggin HUC 10 watershed in the 
Merrymeeting Bay SHRU; and
    (ii) The 5,328 acres (21.5 sq km) of the Brunswick Naval Air 
Stations cold weather survival, evasion, resistance, and escape school 
within the Sandy River HUC 10 watershed in the Merrymeeting Bay SHRU.

[[Page 814]]

    (6) Areas excluded under ESA Section 4(b)(2). (i) The 396 acres (1.6 
sq km) of the Great Pond Outdoor Adventure Center in the Graham Lake HUC 
10 watershed in the Downeast Coastal SHRU;
    (ii) The 3,000 acres (12.1 sq km) of the Naval Computer and 
Telecommunications Area Master Station Atlantic Detachment in the Roques 
Bluffs Coastal HUC 10 in the Downeast Coastal SHRU;
    (iii) The Bath Iron Works ship building facility that provides the 
design, building, and support of complex Navy warships, including AEGIS 
Class Destroyers. The excluded area extends from U.S. Route 1 bridge 
over the Kennebec River down river to 50 feet below the south side of 
BIWs dry dock, but does not include any portion of Hanson Bay or the 
thoroughfare between Hanson Bay and the Kennebec River. The specific 
area excluded from designation lies within a box between four points 
with the following coordinates: Point 1: N43 54[min]39.8[sec], W069 
48[min]43.5[sec]; Point 2: N43 54[min]40[sec], W069 48[min]17.8[sec]; 
Point 3: N43 54[min]0.0[sec], W069 48[min]47[sec]; Point 4: N43 
54[min]0.0[sec], W069 48[min]28[sec];
    (iv) The Belfast Bay HUC 10 Watershed (HUC 105000218);
    (v) The Passadumkeag River HUC 10 Watershed (HUC 102000503); and
    (vi) The Molunkus Stream HUC 10 Watershed (HUC102000306).
    (7) Description of critical habitat. Critical habitat is designated 
to include the areas defined in the following hydrological units in the 
three SHRUs with the exception of those particular areas specifically 
identified:
    (i) Downeast Coastal SHRU. Critical habitat area (in sq km), areas 
excluded under ESA section 4(b)(2) (in sq km), and exclusion type, by 
HUC 10 watersheds:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Critical habitat       Excluded areas [type]*
                                                                                                     ---------------------------------------------------
                                                                                                         River,                    River,
                    Sub-basin                       HUC 10 code          HUC 10 watershed name         stream and   Lake  (sq.   stream and   Lake  (sq.
                                                                                                        estuary        km)        estuary        km)
                                                                                                          (km)                      (km)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Coastal Washington Hancock sub-basin............      0105000201  Dennys River......................          218           45
                                                      0105000203  Grand Manan Channel...............          641         15.5
                                                      0105000204  East Machias River................          575           70       16 [T]      0.1 [T]
                                                      0105000205  Machias River.....................          991           58
                                                      0105000206  Roque Bluffs Coastal..............          321           .9        13(M)      .004(M)
                                                      0105000207  Chandler River....................          154          0.1
                                                      0105000208  Pleasant River....................          325          6.5
                                                      0105000209  Narraguagus River.................          573         15.5
                                                      0105000210  Tunk Stream.......................          117           14
                                                      0105000212  Graham Lake.......................          974          121       2.3(M)        .2(M)
                                                      0105000213  Union River Bay...................          303           18
                                                      0105000211  Bois Bubert Coastal...............
                                                      0105000214  Lamoine Coastal...................
                                                      0105000215  Mt. Desert Coastal................
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Exclusion types: [E] = Economic, [M] = Military, and [T] = Tribal--considered unoccupied at the time of listing.

    (ii) Penobscot Bay SHRU. Critical habitat area (in sq km), areas 
excluded under ESA section 4(b)(2) (in sq km), and exclusion type, by 
HUC 10 watershed:

[[Page 815]]

[GRAPHIC] [TIFF OMITTED] TR10AU09.025


[[Page 816]]


[GRAPHIC] [TIFF OMITTED] TR10AU09.026

    (iii) Merrymeeting Bay SHRU. Critical habitat area (in sq km), areas 
excluded under ESA section 4(b)(2) (in sq km), and exclusion type, by 
HUC 10 watershed:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                          Critical habitat       Excluded areas [type] *
                                                                                                     ---------------------------------------------------
                                                                                                         River,                    River,
                    Sub basin                       HUC 10 code          HUC 10 watershed name         stream and   Lake  (sq.   stream and   Lake  (sq.
                                                                                                        estuary        km)        estuary        km)
                                                                                                          (km)                      (km)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Kennebec River above the Forks sub-basin........      0103000101  South Branch Moose River..........
                                                      0103000102  Moose River (2) above Attean Pond.
                                                      0103000103  Moose River (3) at Long Pond......
                                                      0103000104  Brassua Lake......................
                                                      0103000105  Moosehead Lake....................
                                                      0103000106  Kennebec River (2) above The Forks
Dead River sub-basin............................      0103000201  North Branch Dead River...........
                                                      0103000202  South Branch Dead River...........
                                                      0103000203  Flagstaff Lake....................
                                                      0103000204  Dead River........................
Merrymeeting Bay sub-basin......................      0103000305  Sandy River.......................        1,215         15.8       12 [M]      0.2 [M]
                                                      0103000306  Kennebec River at Waterville Dam..          794           14

[[Page 817]]

 
                                                      0103000312  Kennebec River at Merrymeeting Bay          621           22
                                                      0103000310  Messalonskee Stream...............
                                                      0103000301  Kennebec River (4) at Wyman Dam...
                                                      0103000302  Austin Stream.....................
                                                      0103000303  Kennebec River (6)................
                                                      0103000304  Carrabassett River................
                                                      0103000307  Sebasticook River at Pittsfield...
                                                      0103000308  Sebasticook River (3) at Burnham..
                                                      0103000309  Sebasticook River (4) at Winslow..
                                                      0103000311  Cobbosseecontee Stream............
Upper Androscoggin sub-basin....................      0104000101  Mooselookmeguntic Lake............
                                                      0104000102  Umbagog Lake Drainage.............
                                                      0104000103  Aziscohos Lake Drainage...........
                                                      0104000104  Magalloway River..................
                                                      0104000105  Clear Stream......................
                                                      0104000106  Middle Androscoggin River.........
Lower Androscoggin sub-basin....................      0104000210  Little Androscoggin River.........          549         10.5        1 [M]
                                                      0104000201  Gorham-Shelburne Tributaries......
                                                      0104000202  Androscoggin River at Rumford
                                                                   Point.
                                                      0104000203  Ellis River.......................
                                                      0104000204  Ellis River.......................
                                                      0104000205  Androscoggin River above Webb
                                                                   River.
                                                      0104000206  Androscoggin River at Riley Dam...
                                                      0104000207  Androscoggin River at Nezinscot
                                                                   River.
                                                      0104000208  Nezinscot River...................
                                                      0104000209  Androscoggin R. above L. Andro. R.
Coastal Drainages East of Small Point sub-basin.      0105000301  St. George River..................          624           32
                                                      0105000302  Medomak River.....................          318            6
                                                      0105000305  Sheepscot River...................          553           19
                                                      0105000306  Sheepscot Bay.....................          220            2
                                                      0105000307  Kennebec River Estuary............          275          3.5        1 [M]
                                                      0105000303  Johns Bay.........................
                                                      0105000304  Damariscotta River................
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Exclusion types: [E] = Economic, [M] = Military, and [T] = Tribal--considered unoccupied at the time of listing.


[74 FR 29333, June 19, 2009, as amended at 74 FR 39904, Aug. 10, 2009]



Sec. 226.218  Critical habitat for the U.S. DPS of smalltooth sawfish
(Pristis pectinata).

    Critical habitat is designated for the U.S. DPS of smalltooth 
sawfish as described in this section. The textual descriptions in 
paragraph (b) of this section are the definitive source for determining 
the critical habitat boundaries. The maps of the critical habitat units 
provided in paragraph (d) of this section are for illustrative purposes 
only.
    (a) Physical and biological features essential to the conservation 
of the endangered U.S. DPS of smalltooth sawfish. The physical and 
biological features essential to the conservation of the U.S. DPS of 
smalltooth sawfish, which provide nursery area functions are: red 
mangroves and shallow euryhaline habitats characterized by water depths 
between the Mean High Water line and 3 ft (0.9 m) measured at Mean Lower

[[Page 818]]

Low Water (MLLW). These features are included in critical habitat within 
the boundaries of the specific areas in paragraph (b) of this section, 
except where the features were not physically accessible to sawfish at 
the time of this designation (September 2009); for example, areas where 
existing water control structures prevent sawfish passage to habitats 
beyond the structure.
    (b) Critical habitat boundaries. Critical habitat includes two areas 
(units) located along the southwest coast of peninsular Florida. The 
northern unit is the Charlotte Harbor Estuary Unit and the southern unit 
is the Ten Thousand Islands/Everglades (TTI/E) Unit. The units encompass 
portions of Charlotte, Lee, Collier, Monroe, and Miami-Dade Counties.
    (1) Charlotte Harbor Estuary Unit. The Charlotte Harbor Estuary Unit 
is located within Charlotte and Lee Counties. The unit includes 
Charlotte Harbor, Gasparilla Sound, Pine Island Sound, Matlacha Pass, 
San Carlos Bay, Estero Bay, and the Caloosahatchee River. The unit is 
defined by the following boundaries. It is bounded by the Peace River at 
the eastern extent at the mouth of Shell Creek at 81[deg]59.467[min] W, 
and the northern extent of the Charlotte Harbor Preserve State Park at 
26[deg]58.933[min] N. At the Myakka River the unit is bounded by the SR-
776 Bridge and in Gasparilla Sound by the SR-771 Bridge. The COLREGS-72 
lines between Gasparilla Island, Lacosta Island, North Captiva Island, 
Captiva Island, Sanibel Island, and the northern point of Estero Island 
are used as the coastal boundary for the unit. The southern extent of 
the unit is the Estero Bay Aquatic Preserve, which is bounded on the 
south by the Lee/Collier County line. Inland waters are bounded by SR-
867 (McGregor Boulevard) from Punta Rassa Road to SR-80 near Fort Myers, 
then by SR-80 (Palm Beach Boulevard) to Orange River Boulevard, then by 
Orange River Boulevard to Buckingham Road, then by Buckingham Road to 
SR-80, and then following SR-80 until it is due south of the Franklin 
Lock and Dam (S-79), which is the eastern boundary on the Caloosahatchee 
River and a structural barrier for sawfish access. Additional inland 
water boundaries north and west of the lock are bounded by North 
Franklin Lock Road to North River Road, then by North River Road to SR-
31, then by SR-31 to SR-78 near Cape Coral, then by SR-78 to SR-765, 
then by SR-765 to US-41, then by US-41 to US-17 (Marion Avenue) in Punta 
Gorda, then by US-17 to Riverside Drive, and then by Riverside Drive to 
the eastern extent of the Peace River at 81[deg]59.467[min] W. From the 
northern extent of the Charlotte Harbor Preserve State Park at 
26[deg]58.933[min] N, inland waters are bounded westward along that 
latitude to Harbor View Road, then by Harbor View Road to US-41, then by 
US-41 to SR-776, then by SR-776 to the Myakka River Bridge.
    (2) Ten Thousand Islands/Everglades Unit (TTI/E). The TTI/E Unit is 
located within Collier, Monroe, and Miami-Dade Counties, Florida. The 
unit includes waters within Everglades National Park (ENP), including 
Florida Bay, in the vicinity of Everglades City, within the Cape Romano-
Ten Thousand Islands Aquatic Preserve (AP), and within the portion of 
Rookery Bay AP south of SR-92. The boundaries match the portion of 
Rookery Bay AP south of SR-92, and the Cape Romano-Ten Thousand Islands 
Aquatic Preserve AP. The unit boundaries also closely match the ENP 
boundaries with the following two exceptions: the unit boundary connects 
points 55 and 57 as illustrated in the critical habitat map that 
follows, which extend beyond the ENP boundary; and the unit boundary is 
located inside the ENP boundary between points 77 and 2, omitting the 
northeast portion of the ENP. The boundary of the unit is comprised of 
the following connected points, listed by point number in the ID field, 
degrees North latitude, degrees West longitude, and brief description of 
the boundary.

         Table 2--List of Latitude and Longitude Boundary Points
------------------------------------------------------------------------
        ID            Latitude    Longitude           Description
------------------------------------------------------------------------
1.................      25.2527     -80.7988  Main Park Road (SR-9336)
                                               at Nine Mile Pond.
2.................      25.2874     -80.5736  Everglades National Park
                                               boundary.

[[Page 819]]

 
3.................      25.2872     -80.4448  Everglades National Park
                                               boundary at US-HWY 1.
4.................      25.2237     -80.4308  Everglades National Park
                                               boundary at US-HWY 1.
5.................      25.1979     -80.4173  Everglades National Park
                                               boundary at US-HWY 1.
6.................      25.1846     -80.3887  Everglades National Park
                                               boundary at US-HWY 1.
7.................      25.1797     -80.3905  Everglades National Park
                                               boundary at US-HWY 1.
8.................      25.1480     -80.4179  Everglades National Park
                                               boundary at Intercoastal
                                               Waterway (ICW).
9.................      25.1432     -80.4249  Everglades National Park
                                               boundary at ICW.
10................      25.1352     -80.4253  Everglades National Park
                                               boundary at ICW.
11................      25.1309     -80.4226  Everglades National Park
                                               boundary at ICW.
12................      25.1282     -80.4230  Everglades National Park
                                               boundary at ICW.
13................      25.1265     -80.4268  Everglades National Park
                                               boundary at ICW.
14................      25.1282     -80.4432  Everglades National Park
                                               boundary at ICW.
15................      25.0813     -80.4747  Everglades National Park
                                               boundary at ICW.
16................      25.0676     -80.4998  Everglades National Park
                                               boundary at ICW.
17................      25.0582     -80.5218  Everglades National Park
                                               boundary at ICW.
18................      25.0373     -80.5178  Everglades National Park
                                               boundary at ICW.
19................      25.0326     -80.5188  Everglades National Park
                                               boundary at ICW.
20................      25.0168     -80.5487  Everglades National Park
                                               boundary at ICW.
21................      25.0075     -80.5578  Everglades National Park
                                               boundary at ICW.
22................      24.9990     -80.5609  Everglades National Park
                                               boundary at ICW near
                                               Plantation.
23................      24.9962     -80.5648  Everglades National Park
                                               boundary at ICW.
24................      24.9655     -80.6347  Everglades National Park
                                               boundary at ICW.
25................      24.9430     -80.6585  Everglades National Park
                                               boundary at ICW.
26................      24.9388     -80.6716  Everglades National Park
                                               boundary at ICW.
27................      24.9124     -80.7255  Everglades National Park
                                               boundary at ICW.
28................      24.9006     -80.7348  Everglades National Park
                                               boundary at ICW.
29................      24.8515     -80.8326  Everglades National Park
                                               boundary at COLREG-72.
30................      24.8730     -80.8875  Everglades National Park
                                               boundary at Arsenic Bank
                                               Light.
31................      24.9142     -80.9372  Everglades National Park
                                               boundary at Sprigger Bank
                                               Light.
32................      25.0004     -81.0221  Everglades National Park
                                               boundary.
33................      25.0723     -81.0859  Everglades National Park
                                               boundary.
34................      25.0868     -81.0858  Everglades National Park
                                               boundary.
35................      25.1567     -81.1620  Everglades National Park
                                               boundary at Middle Cape
                                               Sable.
36................      25.2262     -81.2044  Everglades National Park
                                               boundary.
37................      25.3304     -81.1776  Everglades National Park
                                               boundary at Little Shark
                                               River.
38................      25.4379     -81.1940  Everglades National Park
                                               boundary.
39................      25.5682     -81.2581  Everglades National Park
                                               boundary.
40................      25.7154     -81.3923  Everglades National Park
                                               boundary at Pavillion
                                               Key.
41................      25.8181     -81.5205  Everglades National Park
                                               boundary.
42................      25.8326     -81.5205  Everglades National Park
                                               boundary at Cape Romano--
                                               Ten Thousand Islands
                                               Aquatic Preserve.
43................      25.8315     -81.7450  Rookery Bay Aquatic
                                               Preserve boundary
                                               (southwest corner).
44................      25.9003     -81.7468  Rookery Bay Aquatic
                                               Preserve boundary.
45................      25.9030     -81.6907  Rookery Bay Aquatic
                                               Preserve boundary.
46................      25.9380     -81.6907  Rookery Bay Aquatic
                                               Preserve boundary at SR-
                                               92.
47................      25.9378     -81.6834  Rookery Bay Aquatic
                                               Preserve boundary at SR-
                                               92.
48................      25.9319     -81.6718  Rookery Bay Aquatic
                                               Preserve boundary at SR-
                                               92.
49................      25.9330     -81.6508  Rookery Bay Aquatic
                                               Preserve boundary at SR-
                                               92.
50................      25.9351     -81.6483  Rookery Bay Aquatic
                                               Preserve boundary at SR-
                                               92.
51................      25.9464     -81.6433  Rookery Bay Aquatic
                                               Preserve boundary at SR-
                                               92.
52................      25.9470     -81.6200  Cape Romano--Ten Thousand
                                               Islands Aquatic Preserve
                                               boundary.
53................      25.9615     -81.6206  Cape Romano--Ten Thousand
                                               Islands Aquatic Preserve
                                               boundary.
54................      25.9689     -81.6041  Cape Romano--Ten Thousand
                                               Islands Aquatic Preserve
                                               boundary.
55................      25.9130     -81.4569  Cape Romano--Ten Thousand
                                               Islands Aquatic Preserve
                                               boundary.
56................      25.8916     -81.4082  Everglades National Park
                                               boundary west of
                                               Everglades City.
57................      25.8630     -81.3590  Everglades National Park
                                               boundary east of
                                               Everglades City.
58................      25.8619     -81.2624  Everglades National Park
                                               boundary.
59................      25.8040     -81.2602  Everglades National Park
                                               boundary.
60................      25.8040     -81.2126  Everglades National Park
                                               boundary.
61................      25.7892     -81.2128  Everglades National Park
                                               boundary.
62................      25.7892     -81.1969  Everglades National Park
                                               boundary.
63................      25.7743     -81.1966  Everglades National Park
                                               boundary.
64................      25.7740     -81.1803  Everglades National Park
                                               boundary.
65................      25.7591     -81.1803  Everglades National Park
                                               boundary.
66................      25.7592     -81.1641  Everglades National Park
                                               boundary.
67................      25.7295     -81.1638  Everglades National Park
                                               boundary.
68................      25.7299     -81.1165  Everglades National Park
                                               boundary.
69................      25.7153     -81.1164  Everglades National Park
                                               boundary.
70................      25.7154     -81.1002  Everglades National Park
                                               boundary.
71................      25.6859     -81.0997  Everglades National Park
                                               boundary.
72................      25.6862     -81.0836  Everglades National Park
                                               boundary.
73................      25.6715     -81.0835  Everglades National Park
                                               boundary.

[[Page 820]]

 
74................      25.6718     -81.0671  Everglades National Park
                                               boundary.
75................      25.6497     -81.0665  Everglades National Park
                                               boundary.
76................      25.6501     -81.0507  Everglades National Park
                                               boundary.
77................      25.6128     -81.0497  Everglades National Park
                                               boundary.
------------------------------------------------------------------------

    (c) Areas not included in critical habitat. Critical habitat does 
not include the following particular areas where they overlap with the 
areas described in paragraph (b) of this section:
    (1) Pursuant to ESA section 3(5)(A)(i), all areas containing 
existing (already constructed) federally authorized or permitted man-
made structures such as channels or canals maintained at depths greater 
than 3 ft. at MLLW, boat ramps, docks, and marinas deeper than 3 ft. at 
MLLW.
    (2) Pursuant to ESA section 3(5)(A)(i), all waters identified as 
existing (already constructed) federally authorized channels as follows:
    (i) Charlotte Harbor.
    (ii) Ft. Myers Beach (Matanzas Pass).
    (iii) Portions of the Gulf Intracoastal Waterway in the 
Caloosahatchee River.
    (d) Maps. Overview maps of designated critical habitat for the U.S. 
DPS of smalltooth sawfish follow.

[[Page 821]]

[GRAPHIC] [TIFF OMITTED] TR02SE09.000


[[Page 822]]


[GRAPHIC] [TIFF OMITTED] TR02SE09.001


[74 FR 45373, Sept. 2, 2009]

[[Page 823]]



Sec. 226.219  Critical habitat for the Southern Distinct Population
Segment of North American Green Sturgeon (Acipenser medirostris).

    Critical habitat is designated for the Southern Distinct Population 
Segment of North American green sturgeon (Southern DPS) as described in 
this section. The textual descriptions of critical habitat in this 
section are the definitive source for determining the critical habitat 
boundaries. The overview maps are provided for general guidance purposes 
only and not as a definitive source for determining critical habitat 
boundaries.
    (a) Critical habitat boundaries. Critical habitat in freshwater 
riverine areas includes the stream channels and a lateral extent as 
defined by the ordinary high-water line (33 CFR 329.11). In areas for 
which the ordinary high-water line has not been defined pursuant to 33 
CFR 329.11, the lateral extent will be defined by the bankfull 
elevation. Bankfull elevation is the level at which water begins to 
leave the channel and move into the floodplain and is reached at a 
discharge which generally has a recurrence interval of 1 to 2 years on 
the annual flood series. Critical habitat in bays and estuaries includes 
tidally influenced areas as defined by the elevation of mean higher high 
water. The boundary between coastal marine areas and bays and estuaries 
are delineated by the COLREGS lines (33 CFR 80). Critical habitat in 
coastal marine areas is defined by the zone between the 60 fathom (fm) 
depth bathymetry line and the line on shore reached by mean lower low 
water (MLLW), or to the COLREGS lines.
    (1) Coastal marine areas: All U.S. coastal marine waters out to the 
60 fm depth bathymetry line (relative to MLLW) from Monterey Bay, 
California (36[deg]38[min]12[sec] N./121[deg]56[min]13[sec] W.) north 
and east to include waters in the Strait of Juan de Fuca, Washington. 
The Strait of Juan de Fuca includes all U.S. marine waters: in Clallam 
County east of a line connecting Cape Flattery (48[deg]23[min]10[sec] 
N./124[deg]43[min]32[sec] W.), Tatoosh Island (48[deg]23[min]30[sec] N./
124[deg]44[min]12[sec] W.), and Bonilla Point, British Columbia 
(48[deg]35[min]30[sec] N./124[deg]43[min]00[sec] W.); in Jefferson and 
Island counties north and west of a line connecting Point Wilson 
(48[deg]08[min]38[sec] N./122[deg]45[min]07[sec] W.) and Partridge Point 
(48[deg]13[min]29[sec] N./122[deg]46[min]11[sec] W.); and in San Juan 
and Skagit counties south of lines connecting the U.S.-Canada border 
(48[deg]27[min]27[sec] N./123[deg]09[min]46[sec] W.) and Pile Point 
(48[deg]28[min]56[sec] N./123[deg]05[min]33[sec] W.), Cattle Point 
(48[deg]27[min]1[sec] N./122[deg]57[min]39[sec] W.) and Davis Point 
(48[deg]27[min]21[sec] N./122[deg]56[min]03[sec] W.), and Fidalgo Head 
(48[deg]29[min]34[sec] N./122[deg]42[min]07[sec] W.) and Lopez Island 
(48[deg]28[min]43[sec] N./122[deg]49[min]08[sec] W.).
    (2) Freshwater riverine habitats: Critical habitat is designated to 
include the following freshwater riverine areas in California:
    (i) Sacramento River, California. From the Sacramento I-Street 
Bridge (40[deg]9[min]10[sec] N./122[deg]12[min]9[sec] W.) upstream to 
Keswick Dam (40[deg]36[min]39[sec] N./122[deg]26[min]46[sec] W.), 
including the waters encompassed by the Yolo Bypass and the Sutter 
Bypass areas and the lower American River from the confluence with the 
mainstem Sacramento River upstream to 38[deg]35[min]47[sec] N./
121[deg]28[min]36[sec] W. (State Route 160 bridge over the American 
River).
    (ii) Lower Feather River, California. From the confluence with the 
mainstem Sacramento River upstream to Fish Barrier Dam 
(39[deg]31[min]13[sec] N./121[deg]32[min]51[sec] W.).
    (iii) Lower Yuba River, California. From the confluence with the 
mainstem Feather River upstream to Daguerre Dam (39[deg]12[min]32[sec] 
N./121[deg]35[min]53[sec] W.).
    (3) Sacramento-San Joaquin Delta, California: Critical habitat is 
designated to include the Sacramento-San Joaquin Delta including all 
waterways up to the elevation of mean higher high water within the area 
defined in California Water Code Section 12220, except for the following 
excluded areas: Clifton Court and California Aqueduct Intake Channel 
(all reaches upstream from the Clifton Court Radial Gates at 
37[deg]49[min]47[sec] N./121[deg]33[min]25[sec] W.); Delta-Mendota Canal 
(upstream from 37[deg]48[min]58[sec] N./121[deg]33[min]30[sec] W.); 
Fivemile Slough (all reaches upstream from its confluence with 
Fourteenmile Slough at 38[deg]00[min]50[sec] N./121[deg]22[min]09[sec] 
W.); Indian Slough and Werner Cuts (all reaches between the entrance to 
Discovery Bay at 37[deg]55[min]8[sec] N./121[deg]35[min]12[sec] W. and 
the junction of Werner Cut and Rock Slough at 37[deg]58[min]14[sec] N./
121[deg]35[min]41[sec] W.); Italian Slough (all reaches upstream from 
37[deg]51[min]39[sec] N./

[[Page 824]]

121[deg]34[min]53[sec] W.); Rock Slough (all reaches upstream from the 
junction with the Old River at 37[deg]58[min]22[sec] N./
121[deg]34[min]40[sec] W.); Sand Mound Slough (all reaches upstream from 
37[deg]58[min]37[sec] N./121[deg]37[min]19[sec] W.); Sacramento Deep 
Water Ship Channel (upstream from the confluence with Cache Slough at 
38[deg]14[min]13[sec] N./121[deg]40[min]23[sec] W.); Sevenmile Slough 
(all reaches between Threemile Slough at 38[deg]06[min]55[sec] N./
121[deg]40[min]55[sec] W. and Jackson Slough at 38[deg]06[min]59[sec] 
N./121[deg]37[min]44[sec] W.); Snodgrass Slough (all reaches upstream 
from Lambert Road at 38[deg]18[min]33[sec] N./121[deg]30[min]46[sec] 
W.); Tom Paine Slough (all reaches upstream from its confluence with 
Middle River at 37[deg]47[min]25[sec] N./121[deg]25[min]08[sec] W.); 
Trapper Slough (all reaches upstream from 37[deg]53[min]36[sec] N./
121[deg]29[min]15[sec] W.); Unnamed oxbow loop (upstream from the 
confluence with the San Joaquin River at 37[deg]43[min]9[sec] N./
121[deg]16[min]36[sec] W.); Unnamed oxbow loop (upstream from the 
confluence with the San Joaquin River at 37[deg]46[min]9[sec] N./
121[deg]18[min]6[sec] W.).
    (4) Coastal bays and estuaries: Critical habitat is designated to 
include the following coastal bays and estuaries in California, Oregon, 
and Washington:
    (i) San Francisco Bay, San Pablo Bay, and Suisun Bay in California. 
All tidally influenced areas of San Francisco Bay, San Pablo Bay, and 
Suisun Bay up to the elevation of mean higher high water, including, but 
not limited to, areas upstream to the head of tide endpoint in: Adobe 
Creek (38[deg]12[min]42[sec] N./122[deg]36[min]6[sec] W.); Alameda Creek 
(37[deg]36[min]47[sec] N./122[deg]4[min]18[sec] W.); Arroyo Corte Madera 
del Presidio (37[deg]53[min]43[sec] N./122[deg]31[min]48[sec] W.); Black 
John Slough (38[deg]8[min]12[sec] N./122[deg]33[min]42[sec] W.); Black 
John Slough (38[deg]7[min]59[sec] N./122[deg]32[min]54[sec] W.); 
Carneros Creek (38[deg]13[min]52[sec] N./122[deg]18[min]49[sec] W.); 
Colma Creek (37[deg]39[min]6[sec] N./122[deg]25[min]9[sec] W.); Coyote 
Creek (37[deg]52[min]45[sec] N./122[deg]31[min]31[sec] W.); Coyote Creek 
(37[deg]27[min]17[sec] N./121[deg]55[min]36[sec] W.); Coyote Creek, 
unnamed waterway (37[deg]27[min]56[sec] N./121[deg]55[min]40[sec] W.); 
Coyote Creek, unnamed waterway (37[deg]26[min]23[sec] N./
121[deg]57[min]29[sec] W.); Coyote Creek, unnamed waterway 
(37[deg]27[min]15[sec] N./121[deg]56[min]12[sec] W.); Coyote Hills 
Slough (37[deg]34[min]26[sec] N./122[deg]3[min]36[sec] W.); Deverton 
Creek (38[deg]13[min]38[sec] N./121[deg]53[min]47[sec] W.); Gallinas 
Creek (38[deg]0[min]50[sec] N./122[deg]32[min]24[sec] W.); Gallinas 
Creek, South Fork (38[deg]0[min]4[sec] N./122[deg]32[min]9[sec] W.); 
Green Valley Creek (38[deg]12[min]49[sec] N./122[deg]7[min]51[sec] W.); 
Hastings Slough (38[deg]1[min]30[sec] N./122[deg]3[min]35[sec] W.); 
Huichica Creek, unnamed tributary (38[deg]12[min]36[sec] N./
122[deg]21[min]35[sec] W.); Mt Eden Creek (37[deg]37[min]6[sec] N./
122[deg]7[min]23[sec] W.); Mud Slough, unnamed waterway 
(37[deg]29[min]48[sec] N./121[deg]57[min]14[sec] W.); Mud Slough, 
unnamed waterway (37[deg]28[min]43[sec] N./121[deg]57[min]3[sec] W.); 
Newark Slough (37[deg]31[min]36[sec] N./122[deg]3[min]24[sec] W.); 
Newark Slough, unnamed waterway (37[deg]31[min]51[sec] N./
122[deg]4[min]7[sec] W.); Novato Creek (38[deg]5[min]50[sec] N./
122[deg]33[min]52[sec] W.); Petaluma River (38[deg]14[min]53[sec] N./
122[deg]38[min]17[sec] W.); Petaluma River, unnamed tributary 
(38[deg]12[min]58[sec] N./122[deg]34[min]23[sec] W.); Railroad Slough 
(38[deg]13[min]30[sec] N./122[deg]26[min]28[sec] W.); Richardson Bay, 
unnamed tributary (37[deg]54[min]2[sec] N./122[deg]31[min]36[sec] W.); 
San Antonio Creek, unnamed tributary (38[deg]9[min]45[sec] N./
122[deg]34[min]1[sec] W.); San Clemente Creek (37[deg]55[min]12[sec] N./
122[deg]30[min]25[sec] W.); San Francisco Bay shoreline 
(37[deg]40[min]44[sec] N./122[deg]10[min]18[sec] W.); San Francisquito 
Creek (37[deg]27[min]10[sec] N./122[deg]7[min]40[sec] W.); San Pablo Bay 
shoreline (38[deg]2[min]44[sec] N./122[deg]15[min]44[sec] W.); San Pablo 
Creek (37[deg]58[min]6[sec] N./122[deg]22[min]42[sec] W.); San Rafael 
Creek (37[deg]58[min]5[sec] N./122[deg]31[min]35[sec] W.); Seal Slough 
(37[deg]34[min]9[sec] N./122[deg]17[min]30[sec] W.); Suisun Marsh 
(38[deg]2[min]28[sec] N./121[deg]57[min]55[sec] W.); Suisun Marsh 
(38[deg]2[min]50[sec] N./121[deg]58[min]39[sec] W.); Suisun Marsh 
(38[deg]2[min]42[sec] N./121[deg]56[min]16[sec] W.); Suisun Marsh 
(38[deg]2[min]30[sec] N./121[deg]55[min]18[sec] W.); Suisun Marsh, 
Grizzly Bay shoreline (38[deg]5[min]53[sec] N./122[deg]0[min]35[sec] 
W.); Suisun Marsh, Grizzly Bay shoreline (38[deg]6[min]49[sec] N./
121[deg]58[min]54[sec] W.); Suisun Marsh, Grizzly Bay shoreline 
(38[deg]8[min]19[sec] N./121[deg]59[min]31[sec] W.); Suisun Marsh, 
Grizzly Bay shoreline (38[deg]8[min]6[sec] N./121[deg]59[min]33[sec] 
W.); Tolay Creek (38[deg]9[min]42[sec] N./122[deg]26[min]49[sec] W.); 
Tolay Creek (38[deg]9[min]6[sec] N./122[deg]26[min]49[sec] W.); Walnut 
Creek (38[deg]0[min]16[sec] N./122[deg]3[min]41[sec] W.); Wildcat Creek 
(37[deg]57[min]26[sec] N./122[deg]22[min]45[sec] W.).
    (ii) Humboldt Bay, California. All tidally influenced areas of 
Humboldt Bay up to the elevation of mean higher high water, including, 
but not limited to, areas upstream to the head of tide endpoint in: Elk 
River (40[deg]43[min]45[sec] N./124[deg]11[min]15[sec] W.); Elk River 
(40[deg]45[min]9[sec] N./124[deg]10[min]57[sec] W.); Elk River 
(40[deg]45[min]7[sec] N./124[deg]10[min]58[sec] W.); Eureka Slough 
(40[deg]48[min]14[sec] N./124[deg]7[min]15[sec] W.); Eureka Slough 
(40[deg]48[min]18[sec] N./124[deg]8[min]29[sec] W.); Eureka Slough 
(40[deg]48[min]14[sec] N./124[deg]8[min]22[sec] W.); Eureka Slough 
(40[deg]48[min]9[sec] N./124[deg]8[min]14[sec] W.); Freshwater Creek 
(40[deg]46[min]43[sec] N./124[deg]4[min]48[sec] W.); Freshwater Slough 
(40[deg]47[min]18[sec] N./124[deg]6[min]54[sec] W.); Freshwater Slough 
(40[deg]47[min]10[sec] N./124[deg]6[min]15[sec] W.); Freshwater Slough 
(40[deg]48[min]3[sec] N./124[deg]6[min]53[sec] W.); Gannon Slough 
(40[deg]50[min]48[sec] N./

[[Page 825]]

124[deg]4[min]54[sec] W.); Gannon Slough (40[deg]50[min]37[sec] N./
124[deg]4[min]53[sec] W.); Jacoby Creek (40[deg]50[min]22[sec] N./
124[deg]4[min]16[sec] W.); Jacoby Creek (40[deg]50[min]25[sec] N./
124[deg]4[min]56[sec] W.); Liscom Slough (40[deg]52[min]35[sec] N./
124[deg]8[min]14[sec] W.); Mad River Slough (40[deg]53[min]14[sec] N./
124[deg]8[min]9[sec] W.); Mad River Slough (40[deg]53[min]59[sec] N./
124[deg]8[min]1[sec] W.); Mad River Slough (40[deg]54[min]1[sec] N./
124[deg]8[min]9[sec] W.); McDaniel Slough (40[deg]51[min]54[sec] N./
124[deg]8[min]52[sec] W.); McDaniel Slough (40[deg]51[min]39[sec] N./
124[deg]6[min]2[sec] W.); Rocky Gulch/Washington Gulch 
(40[deg]49[min]52[sec] N./124[deg]4[min]58[sec] W.); Salmon Creek 
(40[deg]41[min]12[sec] N./124[deg]13[min]10[sec] W.); Unnamed tributary 
(40[deg]42[min]36[sec] N./124[deg]15[min]45[sec] W.); White Slough 
(40[deg]41[min]56[sec] N./124[deg]12[min]18[sec] W.).
    (iii) Coos Bay, Oregon. All tidally influenced areas of Coos Bay up 
to the elevation of mean higher high water, including, but not limited 
to, areas upstream to the head of tide endpoint in: Boone Creek 
(43[deg]16[min]31[sec] N./124[deg]9[min]26[sec] W.); Catching Creek 
(43[deg]16[min]31[sec] N./124[deg]9[min]11[sec] W.); Coalbank Slough 
(43[deg]21[min]10[sec] N./124[deg]13[min]17[sec] W.); Coos River, South 
Fork (43[deg]22[min]32[sec] N./123[deg]59[min]34[sec] W.); Cox Canyon 
Creek (43[deg]16[min]13[sec] N./124[deg]18[min]52[sec] W.); Daniels 
Creek (43[deg]21[min]10[sec] N./124[deg]5[min]29[sec] W.); Davis Creek 
(43[deg]17[min]29[sec] N./124[deg]14[min]30[sec] W.); Day Creek 
(43[deg]18[min]59[sec] N./124[deg]18[min]24[sec] W.); Delmar Creek 
(43[deg]15[min]24[sec] N./124[deg]13[min]52[sec] W.); Deton Creek 
(43[deg]24[min]15[sec] N./124[deg]3[min]53[sec] W.); Elliot Creek 
(43[deg]17[min]45[sec] N./124[deg]17[min]45[sec] W.); Goat Creek 
(43[deg]15[min]42[sec] N./124[deg]12[min]58[sec] W.); Haynes Inlet 
(43[deg]27[min]56[sec] N./124[deg]11[min]22[sec] W.); Hayward Creek 
(43[deg]19[min]7[sec] N./124[deg]19[min]59[sec] W.); Joe Ney Slough 
(43[deg]20[min]12[sec] N./124[deg]17[min]39[sec] W.); John B Creek 
(43[deg]16[min]59[sec] N./124[deg]18[min]27[sec] W.); Kentuck Slough 
(43[deg]25[min]19[sec] N./124[deg]11[min]19[sec] W.); Larson Slough 
(43[deg]27[min]43[sec] N./124[deg]11[min]38[sec] W.); Lillian Creek 
(43[deg]21[min]41[sec] N./124[deg]8[min]41[sec] W.); Mart Davis Creek 
(43[deg]22[min]58[sec] N./124[deg]5[min]38[sec] W.); Matson Creek 
(43[deg]18[min]27[sec] N./124[deg]8[min]16[sec] W.); Millicoma River, 
East Fork (43[deg]25[min]50[sec] N./124[deg]1[min]2[sec] W.); Millicoma 
River, West Fork (43[deg]25[min]48[sec] N./124[deg]2[min]50[sec] W.); 
Noble Creek (43[deg]15[min]16[sec] N./124[deg]12[min]54[sec] W.); North 
Slough (43[deg]29[min]26[sec] N./124[deg]13[min]14[sec] W.); Pony Creek 
(43[deg]24[min]6[sec] N./124[deg]13[min]55[sec] W.); Seelander Creek 
(43[deg]17[min]15[sec] N./124[deg]8[min]41[sec] W.); Shinglehouse Slough 
(43[deg]19[min]4[sec] N./124[deg]13[min]14[sec] W.); Stock Slough 
(43[deg]19[min]58[sec] N./124[deg]8[min]22[sec] W.); Talbot Creek 
(43[deg]17[min]1[sec] N./124[deg]17[min]49[sec] W.); Theodore Johnson 
Creek (43[deg]16[min]16[sec] N./124[deg]19[min]22[sec] W.); Unnamed 
Creek (43[deg]17[min]24[sec] N./124[deg]17[min]56[sec] W.); Unnamed 
Creek (43[deg]18[min]27[sec] N./124[deg]7[min]55[sec] W.); Unnamed Creek 
(43[deg]21[min]12[sec] N./124[deg]9[min]17[sec] W.); Vogel Creek 
(43[deg]22[min]10[sec] N./124[deg]8[min]49[sec] W.); Wasson Creek 
(43[deg]16[min]3[sec] N./124[deg]19[min]23[sec] W.); Willanch Slough 
(43[deg]24[min]5[sec] N./124[deg]11[min]27[sec] W.); Wilson Creek 
(43[deg]16[min]51[sec] N./124[deg]9[min]2[sec] W.); Winchester Creek 
(43[deg]15[min]49[sec] N./124[deg]19[min]10[sec] W.).
    (iv) Winchester Bay, Oregon. All tidally influenced areas of 
Winchester Bay up to the elevation of mean higher high water, including, 
but not limited to, areas upstream to the head of tide endpoint in: 
Brainard Creek (43[deg]44[min]46[sec] N./124[deg]1[min]39[sec] W.); 
Butler Creek (43[deg]42[min]50[sec] N./124[deg]3[min]0[sec] W.); Eslick 
Creek (43[deg]47[min]46[sec] N./123[deg]58[min]40[sec] W.); Frantz Creek 
(43[deg]44[min]50[sec] N./124[deg]5[min]25[sec] W.); Hudson Slough 
(43[deg]44[min]56[sec] N./124[deg]4[min]43[sec] W.); Joyce Creek 
(43[deg]45[min]32[sec] N./124[deg]1[min]49[sec] W.); Noel Creek 
(43[deg]46[min]21[sec] N./124[deg]0[min]6[sec] W.); Oar Creek 
(43[deg]40[min]26[sec] N./124[deg]3[min]41[sec] W.); Otter Creek 
(43[deg]43[min]28[sec] N./124[deg]0[min]4[sec] W.); Providence Creek 
(43[deg]43[min]13[sec] N./124[deg]7[min]44[sec] W.); Scholfield Creek 
(43[deg]40[min]36[sec] N./124[deg]5[min]38[sec] W.); Silver Creek 
(43[deg]40[min]37[sec] N./124[deg]9[min]21[sec] W.); Smith River 
(43[deg]47[min]48[sec] N./123[deg]53[min]3[sec] W.); Smith River, North 
Fork (43[deg]48[min]17[sec] N./123[deg]55[min]59[sec] W.); Umpqua River 
(43[deg]40[min]3[sec] N./123[deg]48[min]32[sec] W.); Unnamed Creek 
(43[deg]40[min]6[sec] N./124[deg]10[min]44[sec] W.); Unnamed Creek 
(43[deg]40[min]14[sec] N./124[deg]9[min]26[sec] W.); Winchester Creek 
(43[deg]40[min]20[sec] N./124[deg]8[min]49[sec] W.).
    (v) Yaquina Bay, Oregon. All tidally influenced areas of Yaquina Bay 
up to the elevation of mean higher high water, including, but not 
limited to, areas upstream to the head of tide endpoint in: Babcock 
Creek (44[deg]35[min]33[sec] N./123[deg]55[min]42[sec] W.); Big Elk 
Creek (44[deg]35[min]23[sec] N./123[deg]50[min]43[sec] W.); Boone Slough 
(44[deg]35[min]5[sec] N./123[deg]57[min]50[sec] W.); Depot Creek 
(44[deg]38[min]30[sec] N./123[deg]56[min]54[sec] W.); Flesher Slough 
(44[deg]34[min]0[sec] N./123[deg]58[min]53[sec] W.); Johnson Slough 
(44[deg]34[min]60[sec] N./123[deg]59[min]10[sec] W.); King Slough 
(44[deg]35[min]35[sec] N./124[deg]1[min]55[sec] W.); McCaffery Slough 
(44[deg]33[min]56[sec] N./124[deg]1[min]10[sec] W.); Mill Creek 
(44[deg]35[min]7[sec] N./123[deg]53[min]57[sec] W.); Montgomery Creek 
(44[deg]35[min]8[sec] N./123[deg]56[min]18[sec] W.); Nute Slough 
(44[deg]35[min]19[sec] N./123[deg]57[min]30[sec] W.); Olalla Creek 
(44[deg]36[min]48[sec] N./123[deg]55[min]30[sec] W.); Parker Slough 
(44[deg]35[min]21[sec] N./124[deg]0[min]50[sec] W.); Poole Slough 
(44[deg]33[min]27[sec] N./123[deg]58[min]46[sec] W.); Yaquina River 
(44[deg]39[min]4[sec] N./123[deg]51[min]26[sec] W.).
    (vi) Nehalem Bay, Oregon. All tidally influenced areas of Yaquina 
Bay up to the elevation of mean higher high water, including, but not 
limited to, areas upstream to the head of tide endpoint in: Alder Creek 
(45[deg]42[min]52[sec] N./123[deg]54[min]12[sec] W.); Anderson Creek 
(45[deg]44[min]25[sec]

[[Page 826]]

N./123[deg]52[min]26[sec] W.); Coal Creek (45[deg]44[min]49[sec] N./
123[deg]51[min]57[sec] W.); Foley Creek (45[deg]41[min]48[sec] N./
123[deg]50[min]53[sec] W.); Gallagher Slough (45[deg]42[min]4[sec] N./
123[deg]52[min]50[sec] W.); Messhouse Creek (45[deg]40[min]0[sec] N./
123[deg]55[min]32[sec] W.); Nehalem River (45[deg]41[min]48[sec] N./
123[deg]49[min]31[sec] W.); Nehalem River, North Fork 
(45[deg]47[min]11[sec] N./123[deg]49[min]19[sec] W.); Unnamed Creek 
(45[deg]44[min]35[sec] N./123[deg]51[min]53[sec] W.); Unnamed Creek 
(45[deg]44[min]53[sec] N./123[deg]51[min]12[sec] W.); Unnamed Creek 
(45[deg]45[min]6[sec] N./123[deg]50[min]56[sec] W.); Unnamed Creek 
(45[deg]44[min]11[sec] N./123[deg]51[min]40[sec] W.); Unnamed Creek 
(45[deg]44[min]7[sec] N./123[deg]51[min]40[sec] W.); Unnamed Creek 
(45[deg]43[min]44[sec] N./123[deg]52[min]35[sec] W.).
    (vii) Lower Columbia River estuary, Washington and Oregon. All 
tidally influenced areas of the lower Columbia River estuary from the 
mouth upstream to river kilometer 74, up to the elevation of mean higher 
high water, including, but not limited to, areas upstream to the head of 
tide endpoint in: Bear Creek (46[deg]10[min]0[sec] N./
123[deg]40[min]6[sec] W.); Big Creek (46[deg]10[min]33[sec] N./
123[deg]35[min]30[sec] W.); Blind Slough/Gnat Creek 
(46[deg]10[min]47[sec] N./123[deg]31[min]45[sec] W.); Chinook River 
(46[deg]18[min]14[sec] N./123[deg]58[min]1[sec] W.); Deep Creek 
(46[deg]19[min]3[sec] N./123[deg]42[min]23[sec] W.); Driscol Slough 
(46[deg]8[min]35[sec] N./123[deg]23[min]44[sec] W.); Ferris Creek 
(46[deg]10[min]5[sec] N./123[deg]39[min]8[sec] W.); Grays River 
(46[deg]21[min]34[sec] N./123[deg]35[min]5[sec] W.); Hunt Creek 
(46[deg]11[min]46[sec] N./123[deg]26[min]30[sec] W.); Jim Crow Creek 
(46[deg]16[min]19[sec] N./123[deg]33[min]26[sec] W.); John Day River 
(46[deg]9[min]13[sec] N./123[deg]43[min]16[sec] W.); John Day River 
(46[deg]9[min]10[sec] N./123[deg]43[min]27[sec] W.); Klaskanine River 
(46[deg]5[min]33[sec] N./123[deg]44[min]52[sec] W.); Lewis and Clark 
River (46[deg]5[min]52[sec] N./123[deg]51[min]4[sec] W.); Marys Creek 
(46[deg]10[min]12[sec] N./123[deg]40[min]17[sec] W.); Seal Slough 
(46[deg]19[min]20[sec] N./123[deg]40[min]15[sec] W.); Sisson Creek 
(46[deg]18[min]25[sec] N./123[deg]43[min]46[sec] W.); Skamokawa Creek 
(46[deg]19[min]11[sec] N./123[deg]27[min]20[sec] W.); Skipanon River 
(46[deg]9[min]31[sec] N./123[deg]55[min]34[sec] W.); Wallacut River 
(46[deg]19[min]28[sec] N./123[deg]59[min]11[sec] W.); Wallooskee River 
(46[deg]7[min]7[sec] N./123[deg]46[min]25[sec] W.); Westport Slough/
Clatskanie River (46[deg]8[min]4[sec] N./123[deg]13[min]31[sec] W.); 
Youngs River (46[deg]4[min]11[sec] N./123[deg]47[min]9[sec] W.).
    (viii) Willapa Bay, Washington. All tidally influenced areas of 
Willapa Bay up to the elevation of mean higher high water, including, 
but not limited to, areas upstream to the head of tide endpoint in: Bear 
River (46[deg]20[min]5[sec] N./123[deg]56[min]8[sec] W.); Bone River 
(46[deg]39[min]29[sec] N./123[deg]54[min]2[sec] W.); Cedar River 
(46[deg]45[min]37[sec] N./124[deg]0[min]3[sec] W.); Naselle River 
(46[deg]22[min]32[sec] N./123[deg]49[min]19[sec] W.); Middle Nemah River 
(46[deg]28[min]42[sec] N./123[deg]51[min]13[sec] W.); North Nemah River 
(46[deg]30[min]56[sec] N./123[deg]52[min]27[sec] W.); South Nemah River 
(46[deg]28[min]37[sec] N./123[deg]53[min]15[sec] W.); Niawiakum River 
(46[deg]36[min]39[sec] N./123[deg]53[min]34[sec] W.); North River 
(46[deg]48[min]51[sec] N./123[deg]50[min]54[sec] W.); Palix River, 
Middle Fork (46[deg]35[min]46[sec] N./123[deg]52[min]29[sec] W.); Palix 
River, North Fork (46[deg]36[min]10[sec] N./123[deg]52[min]26[sec] W.); 
Palix River, South Fork (46[deg]34[min]30[sec] N./123[deg]53[min]42[sec] 
W.); Stuart Slough (46[deg]41[min]9[sec] N./123[deg]52[min]16[sec] W.); 
Willapa River (46[deg]38[min]50[sec] N./123[deg]38[min]50[sec] W.).
    (ix) Grays Harbor, Washington. All tidally influenced areas of Grays 
Harbor up to the elevation of mean higher high water, including, but not 
limited to, areas upstream to the head of tide endpoint in: Andrews 
Creek (46[deg]49[min]23[sec] N./124[deg]1[min]23[sec] W.); Beaver Creek 
(46[deg]54[min]20[sec] N./123[deg]58[min]53[sec] W.); Campbell Creek 
(46[deg]56[min]9[sec] N./123[deg]53[min]12[sec] W.); Campbell Slough 
(47[deg]2[min]45[sec] N./124[deg]3[min]40[sec] W.); Chapin Creek 
(46[deg]56[min]18[sec] N./123[deg]52[min]30[sec] W.); Charley Creek 
(46[deg]56[min]55[sec] N./123[deg]49[min]53[sec] W.); Chehalis River 
(46[deg]58[min]16[sec] N./123[deg]35[min]38[sec] W.); Chenois Creek 
(47[deg]2[min]36[sec] N./124[deg]0[min]54[sec] W.); Elk River 
(46[deg]50[min]8[sec] N./123[deg]59[min]8[sec] W.); Gillis Slough 
(47[deg]2[min]34[sec] N./124[deg]2[min]29[sec] W.); Grass Creek 
(47[deg]1[min]41[sec] N./124[deg]0[min]40[sec] W.); Hoquiam River 
(47[deg]3[min]3[sec] N./123[deg]55[min]34[sec] W.); Hoquiam River, East 
Fork (47[deg]3[min]7[sec] N./123[deg]51[min]25[sec] W.); Humptulips 
River (47[deg]5[min]42[sec] N./124[deg]3[min]34[sec] W.); Indian Creek 
(46[deg]55[min]55[sec] N./123[deg]53[min]47[sec] W.); Jessie Slough 
(47[deg]3[min]23[sec] N./124[deg]3[min]0[sec] W.); Johns River 
(46[deg]52[min]28[sec] N./123[deg]57[min]2[sec] W.); Newskah Creek 
(46[deg]56[min]26[sec] N./123[deg]50[min]58[sec] W.); O'Leary Creek 
(46[deg]54[min]51[sec] N./123[deg]57[min]24[sec] W.); Stafford Creek 
(46[deg]55[min]51[sec] N./123[deg]54[min]28[sec] W.); Wishkah River 
(47[deg]2[min]39[sec] N./123[deg]47[min]20[sec] W.); Wynoochee River 
(46[deg]58[min]19[sec] N./123[deg]36[min]57[sec] W.).
    (b) Primary constituent elements. The primary constituent elements 
essential for the conservation of the Southern DPS of green sturgeon 
are:
    (1) For freshwater riverine systems:
    (i) Food resources. Abundant prey items for larval, juvenile, 
subadult, and adult life stages.
    (ii) Substrate type or size (i.e., structural features of 
substrates). Substrates suitable for egg deposition and development 
(e.g., bedrock sills and shelves, cobble and gravel, or hard clean sand, 
with interstices or irregular surfaces to ``collect'' eggs and provide 
protection from predators, and free of excessive

[[Page 827]]

silt and debris that could smother eggs during incubation), larval 
development (e.g., substrates with interstices or voids providing refuge 
from predators and from high flow conditions), and subadults and adults 
(e.g., substrates for holding and spawning).
    (iii) Water flow. A flow regime (i.e., the magnitude, frequency, 
duration, seasonality, and rate-of-change of fresh water discharge over 
time) necessary for normal behavior, growth, and survival of all life 
stages.
    (iv) Water quality. Water quality, including temperature, salinity, 
oxygen content, and other chemical characteristics, necessary for normal 
behavior, growth, and viability of all life stages.
    (v) Migratory corridor. A migratory pathway necessary for the safe 
and timely passage of Southern DPS fish within riverine habitats and 
between riverine and estuarine habitats (e.g., an unobstructed river or 
dammed river that still allows for safe and timely passage).
    (vi) Depth. Deep (=5 m) holding pools for both upstream 
and downstream holding of adult or subadult fish, with adequate water 
quality and flow to maintain the physiological needs of the holding 
adult or subadult fish.
    (vii) Sediment quality. Sediment quality (i.e., chemical 
characteristics) necessary for normal behavior, growth, and viability of 
all life stages.
    (2) For estuarine habitats:
    (i) Food resources. Abundant prey items within estuarine habitats 
and substrates for juvenile, subadult, and adult life stages.
    (ii) Water flow. Within bays and estuaries adjacent to the 
Sacramento River (i.e., the Sacramento-San Joaquin Delta and the Suisun, 
San Pablo, and San Francisco bays), sufficient flow into the bay and 
estuary to allow adults to successfully orient to the incoming flow and 
migrate upstream to spawning grounds.
    (iii) Water quality. Water quality, including temperature, salinity, 
oxygen content, and other chemical characteristics, necessary for normal 
behavior, growth, and viability of all life stages.
    (iv) Migratory corridor. A migratory pathway necessary for the safe 
and timely passage of Southern DPS fish within estuarine habitats and 
between estuarine and riverine or marine habitats.
    (v) Depth. A diversity of depths necessary for shelter, foraging, 
and migration of juvenile, subadult, and adult life stages.
    (vi) Sediment quality. Sediment quality (i.e., chemical 
characteristics) necessary for normal behavior, growth, and viability of 
all life stages.
    (3) For nearshore coastal marine areas:
    (i) Migratory corridor. A migratory pathway necessary for the safe 
and timely passage of Southern DPS fish within marine and between 
estuarine and marine habitats.
    (ii) Water quality. Nearshore marine waters with adequate dissolved 
oxygen levels and acceptably low levels of contaminants (e.g., 
pesticides, organochlorines, elevated levels of heavy metals) that may 
disrupt the normal behavior, growth, and viability of subadult and adult 
green sturgeon.
    (iii) Food resources. Abundant prey items for subadults and adults, 
which may include benthic invertebrates and fishes.
    (c) Sites owned or controlled by the Department of Defense. Critical 
habitat does not include the following areas owned or controlled by the 
Department of Defense, or designated for its use, in the States of 
California, Oregon, and Washington:
    (1) Mare Island U.S. Army Reserve Center, San Pablo Bay, CA;
    (2) Strait of Juan de Fuca naval air-to-surface weapon range, 
restricted area, WA;
    (3) Strait of Juan de Fuca and Whidbey Island naval restricted area, 
WA;
    (4) Admiralty Inlet naval restricted area, Strait of Juan de Fuca, 
WA; and
    (5) Navy 3 operating area, Strait of Juan de Fuca, WA.
    (d) Indian lands. Critical habitat does not include any Indian lands 
of the following Federally-recognized Tribes in the States of 
California, Oregon, and Washington:
    (1) Cachil DeHe Band of Wintun Indians of the Colusa Indian 
Community, California;
    (2) Cher-Ae Heights Trinidad Rancheria, California;
    (3) Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw, 
Oregon;

[[Page 828]]

    (4) Coquille Indian Tribe, Oregon;
    (5) Hoh Tribe, Washington;
    (6) Jamestown S'Klallam Tribe, Washington;
    (7) Lower Elwha Tribe, Washington;
    (8) Makah Tribe, Washington;
    (9) Quileute Tribe, Washington;
    (10) Quinault Tribe, Washington;
    (11) Shoalwater Bay Tribe, Washington;
    (12) Wiyot Tribe, California; and
    (13) Yurok Tribe, California.
    (e) Overview maps of final critical habitat for the Southern DPS of 
green sturgeon follow:

[[Page 829]]

[GRAPHIC] [TIFF OMITTED] TR09OC09.000


[[Page 830]]


[GRAPHIC] [TIFF OMITTED] TR09OC09.001


[[Page 831]]


[GRAPHIC] [TIFF OMITTED] TR09OC09.002


[[Page 832]]



[74 FR 52345, Oct. 9, 2009]



Sec. 226.220  Critical habitat for the Cook Inlet beluga whale 
(Delphinapterus leucas).

    Critical habitat is designated in Cook Inlet, Alaska, for the Cook 
Inlet beluga whale as described in paragraphs (a) and (b) of this 
section. The textual description of this critical habitat is the 
definitive source for determining the critical habitat boundaries. 
General location maps are provided for general guidance purposes only, 
and not as a definitive source for determining critical habitat 
boundaries. Critical habitat does not include manmade structures and the 
land on which they rest within the designated boundaries described in 
paragraphs (a)(1) and (2) of this section that were in existence as of 
May 11, 2011.
    (a) Critical Habitat Boundaries. Critical habitat includes two 
specific marine areas in Cook Inlet, Alaska. These areas are bounded on 
the upland by Mean High Water (MHW) datum, except for the lower reaches 
of four tributary rivers. Critical habitat shall not extend into the 
tidally-influenced channels of tributary waters of Cook Inlet, with the 
exceptions noted in the descriptions of each critical habitat area.
    (1) Area 1. All marine waters of Cook Inlet north of a line from the 
mouth of Threemile Creek (61[deg]08.5[min] N., 151[deg]04.4[min] W.) 
connecting to Point Possession (61[deg]02.1[min] N., 150[deg]24.3[min] 
W.), including waters of the Susitna River south of 61[deg]20.0[min] N., 
the Little Susitna River south of 61[deg]18.0[min] N., and the 
Chickaloon River north of 60[deg]53.0[min] N.
    (2) Area 2. All marine waters of Cook Inlet south of a line from the 
mouth of Threemile Creek (61[deg]08.5[min] N., 151[deg]04.4[min] W.) to 
Point Possession (61[deg]02.1[min] N., 150[deg]24.3[min] W.) and north 
of 60[deg]15.0[min]N., including waters within 2 nautical miles seaward 
of MHW along the western shoreline of Cook Inlet between 
60[deg]15.0[min] N. and the mouth of the Douglas River (59[deg]04.0[min] 
N., 153[deg]46.0[min] W.); all waters of Kachemak Bay east of 
151[deg]40.0[min] W.; and waters of the Kenai River below the Warren 
Ames bridge at Kenai, Alaska.
    (b) A map of the designated critical habitat for Cook Inlet beluga 
whale follows (Figure 1).

[[Page 833]]

[GRAPHIC] [TIFF OMITTED] TR11AP11.000

    (c) Primary constituent elements. The primary constituent elements 
essential to the conservation of the Cook Inlet beluga whale are:
    (1) Intertidal and subtidal waters of Cook Inlet with depths <30 
feet (MLLW) and within 5 miles of high and medium flow anadromous fish 
streams.

[[Page 834]]

    (2) Primary prey species consisting of four species of Pacific 
salmon (Chinook, sockeye, chum, and coho), Pacific eulachon, Pacific 
cod, walleye pollock, saffron cod, and yellowfin sole.
    (3) Waters free of toxins or other agents of a type and amount 
harmful to Cook Inlet beluga whales.
    (4) Unrestricted passage within or between the critical habitat 
areas.
    (5) Waters with in-water noise below levels resulting in the 
abandonment of critical habitat areas by Cook Inlet beluga whales.
    (d) Sites owned or controlled by the Department of Defense, or of 
interest to national security. Critical habitat does not include the 
following areas owned by the Department of Defense or for which the 
Secretary has determined to exclude for reasons of national security:
    (1) All property and overlying waters of Joint Base Elmendorf-
Richardson between Mean Higher High Water and Mean High Water; and
    (2) All waters off the Port of Anchorage which are east of a line 
connecting Cairn Point (61[deg]15.4[min] N., 149[deg]52.8[min] W.) and 
Point MacKenzie (61[deg]14.3[min] N., 149[deg]59.2[min] W.) and north of 
a line connecting Point MacKenzie and the north bank of the mouth of 
Ship Creek (61[deg]13.6[min] N., 149[deg]53.8[min] W.).

[76 FR 20212, Apr. 11, 2011]



     Sec. Table 1 to Part 226--Major Stellar Sea Lion Rookery Sites

    Major Steller sea lion rookery sites are identified in the following 
table. Where two sets of coordinates are given, the baseline extends in 
a clockwise direction from the first set of geographic coordinates along 
the shoreline at mean lower-low water to the second set of coordinates. 
Where only one set of coordinates is listed, that location is the base 
point.

----------------------------------------------------------------------------------------------------------------
                                                                  Boundaries to--
        State/region/site        -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
Alaska:
    Western Aleutians:
        Agattu I.:
            Cape Sabak \1\......  52 23.5N..........  173 43.5E.........  52 22.0N..........  173 41.0E
            Gillon Point \1\....  52 24.0N..........  173 21.5E.........
        Attu I.\1\..............  52 54.5N..........  172 28.5E.........  52 57.5N..........  172 31.5E
        Buldir I.\1\............  52 20.5N..........  175 57.0E.........  52 23.5N..........  172 51.0E
    Central Aleutians:
        Adak I.\1\..............  51 36.5N..........  176 59.0W.........  51 38.0N..........  176 59.5W
        Agligadak I.\1\.........  52 06.5N..........  172 54.0W.........
        Amchitka I.:\1\
            Column Rock \1\.....  51 32.5N..........  178 49.5E.........
            East Cape \1\.......  51 22.5N..........  179 28.0E.........  51 21.5N..........  179 25.0E
        Ayugadak I.\1\..........  51 45.5N..........  178 24.5E.........
        Gramp Rock \1\..........  51 29.0N..........  178 20.5W.........
        Kasatochi I.\1\.........  52 10.0N..........  175 31.5W.........  52 10.5N..........  175 29.0W
        Kiska I.:
            Lief Cove \1\.......  51 57.5N..........  177 21.0E.........  51 56.5N..........  177 20.0E
            Cape St. Stephen \1\  51 52.5N..........  177 13.0E.........  51 53.5N..........  177 12.0E
        Seguam I./Saddleridge     52 21.0N..........  172 35.0W.........  52 21.0N..........  172 33.0W
         \1\.
        Semisopochnoi I.:
            Pochnoi Pt \1\......  51 58.5N..........  179 45.5E.........  51 57.0N..........  179 46.0E
            Petrel Pt \1\.......  52 01.5N..........  179 37.5E.........  52 01.5E..........  179 39.0E
        Tag I.\1\...............  51 33.5N..........  178 34.5W.........
        Ulak I.\1\..............  51 20.0N..........  178 57.0W.........  51 18.5N..........  178 59.5W
        Yunaska I.\1\...........  52 42.0N..........  170 38.5W.........  52 41.0N..........  170 34.5W
    Eastern Aleutian:
        Adugak I.\1\............  52 55.0N..........  169 10.5W.........
        Akun I./Billings Head     54 18.0N..........  165 32.5W.........  54 18.0N..........  165 31.5W
         \1\.
        Akutan I./Cape Morgan     54 03.5N..........  166 00.0W.........  54 05.5N..........  166 05.0W
         \1\.
        Bogoslof I.\1,2\........  53 56.0N..........  168 02.0W.........
        Ogchul I.\1\............  53 00.0N..........  168 24.0W.........
        Sea Lion Rocks. (Amak)    55 28.0N..........  163 12.0W.........
         \1\.
        Ugamak I.\1\............  54 14.0N..........  164 48.0W.........  54 13.0N..........  164 48.0W

[[Page 835]]

 
    Bering Sea:
        Walrus I.\1\............  57 11.0N..........  169 56.0W.........
    Western Gulf of Alaska:
        Atkins I.\1\............  55 03.5N..........  159 18.5W.........
        Chernabura I.\1\........  54 47.5N..........  159 31.0W.........  54 45.5N..........  159 33.5W
        Clubbing Rocks (N) \1\..  54 43.0N..........  162 26.5W.........
        Clubbing Rocks (S) \1\..  54 42.0N..........  162 26.5W.........
        Pinnacle Rock \1\.......  54 46.0N..........  161 46.0W.........
    Central Gulf of Alaska:
        Chirikof I.\1\..........  55 46.5N..........  155 39.5W.........  55 46.5N..........  155 43.0W
        Chowiet I.\1\...........  56 00.5N..........  156 41.5W.........  56 00.5N..........  156 42.0W
        Marmot I.\1\............  58 14.5N..........  151 47.5W.........  58 10.0N..........  151 51.0W
        Outer I.\1\.............  59 20.5N..........  150 23.0W.........  59 21.0N..........  150 24.5W
        Sugarloaf I.\1\.........  58 53.0N..........  152 02.0W.........
    Eastern Gulf of Alaska:
        Seal Rocks \1\..........  60 10.0N..........  146 50.0W.........
        Fish I.\1\..............  59 53.0N..........  147 20.5W.........
    Southeast Alaska:
        Forrester I.............  54 51.0N..........  133 32.0W.........  54 52.5N..........  133 35.5W
        Hazy I..................  55 52.0N..........  134 34.0W.........  55 51.5N..........  134 35.0W
        White Sisters...........  57 38.0N..........  136 15.5W.........
Oregon:
    Rogue Reef: Pyramid Rock....  42 26.4N..........  124 28.1W.........
    Orford Reef:
        Long Brown Rock.........  42 47.3N..........  124 36.2W.........
        Seal Rock...............  42 47.1N..........  124 35.4W.........
California:
    Ano Nuevo I.................  37 06.3N..........  122 20.3W.........
    Southeast Farallon I........  37 41.3N..........  123 00.1W.........
    Sugarloaf I. & Cape           40 26.0N..........  124 24.0W ........
     Mendocino.
----------------------------------------------------------------------------------------------------------------
\1\ Includes an associated 20 NM aquatic zone.
\2\ Associated 20 NM aquatic zone lies entirely within one of the three special foraging areas.


[58 FR 45278, Aug. 27, 1993]



Sec. Table 2 to Part 226--Major Stellar Sea Lion Haulout Sites in Alaska

    Major Steller sea lion haulout sites in Alaska are identified in the 
following table. Where two sets of coordinates are given, the baseline 
extends in a clockwise direction from the first set of geographic 
coordinates along the shoreline at mean lower-low water to the second 
set of coordinates. Where only one set of coordinates is listed, that 
location is the basepoint.

----------------------------------------------------------------------------------------------------------------
                                                                  Boundaries to--
        State/region/site        -------------------------------------------------------------------------------
                                       Latitude            Longitude           Latitude            Longitude
----------------------------------------------------------------------------------------------------------------
Alaska:
    Western Aleutians:
        Alaid I. \1\............  52 45.0N..........  173 56.5E.........  52 46.5N..........  173 51.5E
        Attu/Chirikof Pt. \1\...  52 30.0N..........  173 26.7E.........
        Shemya I. \1\...........  52 44.0N..........  174 09.0E.........
    Central Aleutians:
        Amatignak I. \1\........  51 13.0N..........  179 08.0E.........
        Amlia I:
            East \1\............  52 05.0N..........  172 58.5W.........  52 06.0N..........  172 57.0W
            Sviech. Harbor \1\..  52 02.0N..........  173 23.0W.........
        Amukta I. & Rocks \1\...  52 31.5N..........  171 16.5W.........  52 26.5N..........  171 16.5W
        Anagaksik I. \1\........  51 51.0N..........  175 53.5W.........
        Atka I. \1\.............  52 23.5N..........  174 17.0W.........  52 24.5N..........  174 07.5W
        Bobrof I. \1\...........  51 54.0N..........  177 27.0W.........
        Chagulak I. \1\.........  52 34.0N..........  171 10.5W.........
        Chuginadak I. \1\.......  52 46.5N..........  169 44.5W.........  52 46.5N..........  169 42.0W
        Great Sitkin I. \1\.....  52 06.0N..........  176 10.5W.........  52 07.0N..........  176 08.5W
        Kagamil I. \1\..........  53 02.5N..........  169 41.0W.........
        Kanaga I:
            North Cape \1\......  51 56.5N..........  177 09.0W.........
            Ship Rock \1\.......  51 47.0N..........  177 22.5W.........

[[Page 836]]

 
        Kavalga I. \1\..........  51 34.5N..........  178 51.5W.........  51 34.5N..........  178 49.5W
        Kiska I./Sirius Pt. \1\.  52 08.5N..........  177 36.5E.........
        Kiska I./Sobaka & Vega    51 50.0N..........  177 20.0E.........  51 48.5N..........  177 20.5E
         \1\.
        Little Sitkin I. \1\....  51 59.5N..........  178 30.0E.........
        Little Tanaga I. \1\....  51 50.5N..........  176 13.0W.........  51 49.0N..........  176 13.0W
        Sagigik I. \1\..........  52 00.5N..........  173 08.0W.........
        Seguam I:
            South \1\...........  52 19.5N..........  172 18.0W.........  52 15.0N..........  172 37.0W
            Finch Pt. \1\.......  52 23.5N..........  172 25.5W.........  52 23.5N..........  172 24.0W
        Segula I. \1\...........  52 00.0N..........  178 06.5E.........  52 03.5N..........  178 09.0E
        Tanaga I. \1\...........  51 55.0N..........  177 58.5W.........  51 55.0N..........  177 57.0W
        Tanadak I. (Amlia) \1\..  52 04.5N..........  172 57.0W.........
        Tanadak I. (Kiska) \1\..  51 57.0N..........  177 47.0E.........
        Ugidak I. \1\...........  51 35.0N..........  178 30.5W.........
        Uliaga I. \1\...........  53 04.0N..........  169 47.0W.........  53 05.0N..........  169 46.0W
        Unalga & Dinkum Rocks     51 34.0N..........  179 04.0W.........  51 34.5N..........  179 03.0W
         \1\.
    Eastern Aleutians:
        Akutan I./Reef-Lava \1\.  54 10.5N..........  166 04.5W.........  54 07.5N..........  166 06.5W
        Amak I. \1\.............  55 24.0N..........  163 07.0W.........  55 26.0N..........  163 10.0W
        Cape Sedanka & Island     53 50.5N..........  166 05.0W.........
         \1\.
        Emerald I. \1\..........  53 17.5N..........  167 51.5W.........
        Old Man Rocks \1\.......  53 52.0N..........  166 05.0W.........
        Polivnoi Rock \1\.......  53 16.0N..........  167 58.0W.........
        Tanginak I. \1\.........  54 13.0N..........  165 19.5W.........
        Tigalda I. \1\..........  54 08.5N..........  164 58.5W.........
        Umnak I./Cape Aslik \1\.  53 25.0N..........  168 24.5W.........
    Bering Sea:
        Cape Newenham \1\.......  58 39.0N..........  162 10.5W.........
        Hall I. \1\.............  60 37.0N..........  173 00.0W.........
        Round I. \1\............  58 36.0N..........  159 58.0W.........
        St. Paul I:
            Northeast Point \1\.  57 15.0N..........  170 06.5W.........
            Sea Lion Rock \1\...  57 06.0N..........  170 17.5W.........
        St. George I:
            S Rookery \1\.......  56 33.5N..........  169 40.0W.........
            Dalnoi Point \1\....  56 36.0N..........  169 46.0W.........
        St. Lawrence I:
            S Punuk I. \1\......  64 04.0N..........  168 51.0W.........
            SW Cape \1\.........  63 18.0N..........  171 26.0W.........
    Western Gulf of Alaska:
        Bird I. \1\.............  54 40.5N..........  163 18.0W.........
        Castle Rock \1\.........  55 17.0N..........  159 30.0W.........
        Caton I. \1\............  54 23.5N..........  162 25.5W.........
        Jude I. \1\.............  55 16.0N..........  161 06.0W.........
        Lighthouse Rocks \1\....  55 47.5N..........  157 24.0W.........
        Nagai I. \1\............  54 52.5N..........  160 14.0W.........  54 56.0N..........  160 15.0W
        Nagai Rocks \1\.........  55 50.0N..........  155 46.0W.........
        Sea Lion Rocks (Unga)     55 04.5N..........  160 31.0W.........
         \1\.
        South Rock \1\..........  54 18.0N..........  162 43.5W.........
        Spitz I. \1\............  55 47.0N..........  158 54.0W.........
        The Whaleback \1\.......  55 16.5N..........  160 06.0W.........
    Central Gulf of Alaska:
        Cape Barnabas \1\.......  57 10.0N..........  152 55.0W.........  57 07.5N..........  152 55.0W
        Cape Chiniak \1\........  57 35.0N..........  152 09.0W.........  57 37.5N..........  152 09.0W
        Cape Gull \1,2\.........  58 13.5N..........  154 09.5W.........  58 12.5N..........  154 10.5W
        Cape Ikolik \1,2\.......  57 17.0N..........  154 47.5W.........
        Cape Kuliak \1,2\.......  58 08.0N..........  154 12.5W.........
        Cape Sitkinak \1\.......  56 32.0N..........  153 52.0W.........
        Cape Ugat \1,2\.........  57 52.0N..........  153 51.0W.........
        Gore Point \1\..........  59 12.0N..........  150 58.0W.........
        Gull Point \1\..........  57 21.5N..........  152 36.5W.........  57 24.5N..........  152 39.0W
        Latax Rocks \1\.........  58 42.0N..........  152 28.5W.........  58 40.5N..........  152 30.0W
        Long I. \1\.............  57 45.5N..........  152 16.0W.........
        Nagahut Rocks \1\.......  59 06.0N..........  151 46.0W.........
        Puale Bay \1,2\.........  57 41.0N..........  155 23.0W.........
        Sea Lion Rocks (Marmot)   58 21.0N..........  151 48.5W.........
         \1\.
        Sea Otter I. \1\........  58 31.5N..........  152 13.0W.........

[[Page 837]]

 
        Shakun Rock \1,2\.......  58 33.0N..........  153 41.5W.........
        Sud I. \1\..............  58 54.0N..........  152 12.5W.........
        Sutwik I. \1\...........  56 32.0N..........  157 14.0W.........  56 32.0N..........  157 20.0W
        Takli I. \1,2\..........  58 03.0N..........  154 27.5W.........  58 03.0N..........  154 30.0W
        Two-headed I. \1\.......  56 54.5N..........  153 33.0W.........  56 53.5N..........  153 35.5W
        Ugak I. \1\.............  57 23.0N..........  152 15.5W.........  57 22.0N..........  152 19.0W
        Ushagat I. \1\..........  58 55.0N..........  152 22.0W.........
    Eastern Gulf of Alaska:
        Cape Fairweather........  58 47.5N..........  137 56.3W.........
        Cape St. Elias \1\......  59 48.0N..........  144 36.0W.........
        Chiswell Islands \1\....  59 36.0N..........  149 34.0W.........
        Graves Rock.............  58 14.5N..........  136 45.5W.........
        Hook Point \1\..........  60 20.0N..........  146 15.5W.........
        Middleton I. \1\........  59 26.5N..........  146 20.0W.........
        Perry I. \1\............  60 39.5N..........  147 56.0W.........
        Point Eleanor \1\.......  60 35.0N..........  147 34.0W.........
        Point Elrington \1\.....  59 56.0N..........  148 13.5W.........
        Seal Rocks \1\..........  60 10.0N..........  146 50.0W.........
        The Needle \1\..........  60 07.0N..........  147 37.0W.........
    Southeast Alaska:
        Benjamin I..............  58 33.5N..........  134 54.5W.........
        Biali Rock..............  56 43.0N..........  135 20.5W.........
        Biorka I................  56 50.0N..........  135 34.0W.........
        Cape Addington..........  55 26.5N..........  133 49.5W.........
        Cape Cross..............  57 55.0N..........  136 34.0W.........
        Cape Ommaney............  56 10.5N..........  134 42.5W.........
        Coronation I............  55 56.0N..........  134 17.0W.........
        Gran Point..............  59 08.0N..........  135 14.5W.........
        Lull Point..............  57 18.5N..........  134 48.5W.........
        Sunset I................  57 30.5N..........  133 35.0W.........
        Timbered I..............  55 42.0N..........  133 48.0W.........
----------------------------------------------------------------------------------------------------------------
\1\ Includes an associated 20 NM aquatic zone.
\2\ Associated 20 nm aquatic zone lies entirely within one of the three special foraging areas.


[58 FR 45279, Aug. 27, 1993, as amended at 59 FR 30716, June 15, 1994]



 Sec. Table 3 to Part 226--Hydrologic Units Containing Critical Habitat 
 for Snake River Sockeye Salmon and Snake River Spring/Summer and Fall 
                             Chinook Salmon

----------------------------------------------------------------------------------------------------------------
                                                               Hydrologic unit number
                                   -----------------------------------------------------------------------------
       Hydrologic unit name                                     Spring/summer chinook
                                         Sockeye salmon                salmon              Fall chinook salmon
----------------------------------------------------------------------------------------------------------------
Hells Canyon......................  ........................                 17060101                  17060101
Imnaha............................  ........................                 17060102                  17060102
Lower Snake--Asotin...............                 17060103                  17060103                  17060103
Upper Grande Ronde................  ........................                 17060104
Wallowa...........................  ........................                 17060105
Lower Grande Ronde................  ........................                 17060106                  17060106
Lower Snake--Tucannon.............                 17060107                  17060107                  17060107
Palouse...........................  ........................  ........................                 17060108
Lower Snake.......................                 17060110                  17060110                  17060110
Upper Salmon......................                 17060201                  17060201
Pahsimeroi........................  ........................                 17060202
Middle Salmon--Panther............                 17060203                  17060203
Lemhi.............................  ........................                 17060204
Upper Middle Fork Salmon..........  ........................                 17060205
Lower Middle Fork Salmon..........  ........................                 17060206
Middle Salmon--Chamberlain........                 17060207                  17060207
South Fork Salmon.................  ........................                 17060208
Lower Salmon......................                 17060209                  17060209                  17060209
Little Salmon.....................  ........................                 17060210
Clearwater........................  ........................  ........................                 17060306
Lower North Fork Clearwater.......  ........................  ........................                 17060308
----------------------------------------------------------------------------------------------------------------
\1\ Hydrologic units and names taken from DOI, USGS 1:500,000 scale hydrologic unit maps (available from USGS);
  State of Oregon, 1974; State of Washington, 1974; State of Idaho, 1974.


[58 FR 68552, Dec. 28, 1993]

[[Page 838]]



                         Sec. Table 4 [Reserved]

 Table 5 to Part 226--Hydrologic Units and Counties Containing Critical 
 Habitat for Central California Coast Coho Salmon, Tribal Lands Within 
  the Range of the ESU, and Dams/Reservoirs Representing the Upstream 
                       Extent of Critical Habitat

----------------------------------------------------------------------------------------------------------------
                                                      Counties and tribal lands
                                        Hydrologic   contained in hydrologic unit
        Hydrologic  unit name            unit No.    and within the range of ESU         Dams (reservoirs)
                                                                \1,2\
----------------------------------------------------------------------------------------------------------------
San Lorenzo-Soquel...................     18060001  Santa Cruz (CA), San Mateo     Newell Dam (Loch Lomond).
                                                     (CA).
San Francisco Coastal South..........     18050006  San Mateo (CA)...............
San Pablo Bay........................     18050002  Marin (CA), Napa (CA)........  Phoenix Dam (Phoenix Lake).
Tomales-Drake Bays...................     18050005  Marin (CA), Sonoma (CA)......  Peters Dam (Kent Lake);
                                                                                    Seeger Dam (Nicasio
                                                                                    Reservoir).
Bodega Bay...........................     18010111  Marin (CA), Sonoma (CA)......
Russian..............................     18010110  Sonoma (CA), Mendocino (CA)--  Warm Springs Dam (Lake
                                                     Cloverdale Rancheria; Coyote   Sonoma); Coyote Dam (Lake
                                                     Valley Rancheria; Dry Creek    Mendocino).
                                                     Rancheria; Guidiville
                                                     Rancheria; Hopland
                                                     Rancheria; Lytton Rancheria;
                                                     Pinoleville Rancheria;
                                                     Stewarts Point Rancheria.
Gualala-Salmon.......................     18010109  Sonoma (CA), Mendocino (CA)..
Big-Navarro-Garcia...................     18010108  Mendocino (CA)--Manchester/
                                                     Point Arena Rancheria;.
----------------------------------------------------------------------------------------------------------------
\1\ Some counties have very limited overlap with estuarine, riverine, or riparian habitats identified as
  critical habitat for this ESU. Consult USGS hydrologic unit maps (available from USGS) to determine specific
  county and basin boundaries.
\2\ Tribal lands are specifically excluded from critical habitat for this ESU.


[64 FR 24061, May 5, 1999]



   Sec. Table 6 to Part 226--Hydrologic Units and Counties Containing 
  Critical Habitat for Southern Oregon/Northern California Coasts Coho 
 Salmon, Tribal Lands Within the Range of the ESU, and Dams/Reservoirs 
          Representing the Upstream Extent of Critical Habitat

----------------------------------------------------------------------------------------------------------------
                                                      Counties and tribal lands
                                        Hydrologic   contained in hydrologic unit
         Hydrologic unit name            unit No.    and within the range of ESU         Dams (reservoirs)
                                                                \1,2\
----------------------------------------------------------------------------------------------------------------
Mattole..............................     18010107  Humboldt (CA), Mendocino (CA)
South Fork Eel.......................     18010106  Mendocino (CA), Humboldt
                                                     (CA)--Laytonville Rancheria;
                                                     Sherwood Valley Rancheria.
Lower Eel............................     18010105  Mendocino (CA), Humboldt
                                                     (CA), Trinity (CA).
Middle Fork Eel......................     18010104  Mendocino (CA), Trinity (CA),
                                                     Glenn (CA), Lake (CA)--Round
                                                     Valley Reservation.
Upper Eel............................     18010103  Mendocino (CA), Glenn (CA),    Scott Dam (Lake Pillsbury).
                                                     Lake (CA).
Mad-Redwood..........................     18010102  Humboldt (CA), Trinity (CA)--
                                                     Big Lagoon Rancheria; Blue
                                                     Lake Rancheria.
Smith................................     18010101  Del Norte (CA), Curry (OR)--
                                                     Elk Valley Rancheria; Smith
                                                     River Rancheria.
South Fork Trinity...................     18010212  Humboldt (CA), Trinity (CA)..
Trinity..............................     18010211  Humboldt (CA), Trinity (CA)--  Lewiston Dam (Lewiston
                                                     Hoopa Valley Reservation.      Reservoir).
Salmon...............................     18010210  Siskiyou (CA)................
Lower Klamath........................     18010209  Del Norte (CA), Humboldt
                                                     (CA), Siskiyou (CA)--Karuk
                                                     Reservation; Resighini
                                                     Rancheria; Yurok Reservation.
Scott................................     18010208  Siskiyou (CA)--Quartz Valley
                                                     Reservation.
Shasta...............................     18010207  Siskiyou (CA)................  Dwinnell Dam (Dwinnell
                                                                                    Reservoir).
Upper Klamath........................     18010206  Siskiyou (CA), Jackson (OR)..  Irongate Dam (Irongate
                                                                                    Reservoir).
Chetco...............................     17100312  Curry (OR), Del Norte (CA)...
Illinois.............................     17100311  Curry (OR), Josephine (OR),    Selmac Lake Dam (Lake
                                                     Del Norte (CA).                Selmac).
Lower Rogue..........................     17100310  Curry (OR), Josephine (OR),
                                                     Jackson (OR).
Applegate............................     17100309  Josephine (OR), Jackson (OR),  Applegate Dam (Applegate
                                                     Siskiyou (CA).                 Reservoir).
Middle Rogue.........................     17100308  Josephine (OR), Jackson (OR).  Emigrant Lake Dam (Emigrant
                                                                                    Lake).

[[Page 839]]

 
Upper Rogue..........................     17100307  Jackson (OR), Klamath (OR),    Agate Lake Dam (Agate Lake);
                                                     Douglas (OR).                  Fish Lake Dam (Fish Lake);
                                                                                    Willow Lake Dam (Willow
                                                                                    Lake); Lost Creek Dam (Lost
                                                                                    Creek Reservoir).
Sixes................................     17100306  Curry (OR)...................
----------------------------------------------------------------------------------------------------------------
\1\ Some counties have very limited overlap with estuarine, riverine, or riparian habitats identified as
  critical habitat for this ESU. Consult USGS hydrologic unit maps (available from USGS) to determine specific
  county and basin boundaries.
\2\ Tribal lands are specifically excluded from critical habitat for this ESU.


[64 FR 24061, May 5, 1999]



PART 228_NOTICE AND HEARING ON SECTION 103(d) REGULATIONS--
Table of Contents



Sec.
228.1 Basis and purpose.
228.2 Definitions.
228.3 Scope of regulations.
228.4 Notice of hearing.
228.5 Notification by interested persons.
228.6 Presiding officer.
228.7 Direct testimony submitted as written documents.
228.8 Mailing address.
228.9 Inspection and copying of documents.
228.10 Ex parte communications.
228.11 Prehearing conference.
228.12 Final agenda of the hearing.
228.13 Determination to cancel the hearing.
228.14 Rebuttal testimony and new issues of fact in final agenda.
228.15 Waiver of right to participate.
228.16 Conduct of the hearing.
228.17 Direct testimony.
228.18 Cross-examination.
228.19 Oral and written arguments.
228.20 Recommended decision, certification of the transcript and 
          submission of comments on the recommended decision.
228.21 Assistant Administrator's decision.

    Authority: 16 U.S.C. 1361 et seq.

    Source: 65 FR 39560, June 27, 2000, unless otherwise noted.



Sec. 228.1  Basis and purpose.

    (a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 
1371(b)) and these regulations authorize the Assistant Administrator of 
the National Marine Fisheries Service, to:
    (1) Impose regulations governing the taking of marine mammals 
incidental to commercial fishing operations;
    (2) Waive the moratorium and to adopt regulations with respect to 
the taking and importing of animals from each species of marine mammals 
under the Assistant Administrator's jurisdiction;
    (3) Prescribe regulations governing the taking of depleted marine 
mammals by any Indian, Aleut or Eskimo, respectively. In prescribing 
regulations to carry out the provisions of said sections, the Act refers 
the Assistant Administrator to section 103 (16 U.S.C. 1373). In 
accordance with section 103(d), regulations must be made on the record 
after opportunity for an agency hearing on such regulations and, in the 
case of a waiver, on the determination by the Assistant Administrator to 
waive the moratorium pursuant to section 101(a)(3)(A) of the Act (16 
U.S.C. 1371(a)(3)(A)).
    (b) The purpose of this part is to establish rules of practice and 
procedure for all hearings conducted pursuant to section 103(d) of the 
Act.



Sec. 228.2  Definitions.

    (a) Party means, for the purposes of this subpart:
    (1) The Assistant Administrator or the Assistant Administrator's 
representative;
    (2) A person who has notified the Assistant Administrator by 
specified dates of his or her intent to participate in the hearing 
pursuant to Sec. Sec. 228.5 and 228.14(b).
    (b) Witness means, for the purpose of this part, any person who 
submits written direct testimony on the proposed regulations. A person 
may be both a party and a witness.



Sec. 228.3  Scope of regulations.

    The procedural regulations in this part govern the practice and 
procedure in hearings held under section 103(d) of the Act. These 
hearings will be governed by the provisions of 5 U.S.C. 556

[[Page 840]]

and section 557 of the Administrative Procedure Act. The regulations 
shall be construed to secure the just, speedy and inexpensive 
determination of all issues raised with respect to any waiver or 
regulation proposed pursuant to section 103(d) of the Act with full 
protection for the rights of all persons affected thereby.



Sec. 228.4  Notice of hearing.

    (a) A notice of hearing on any proposed regulations shall be 
published in the Federal Register, together with the Assistant 
Administrator's proposed determination to waive the moratorium pursuant 
to section 101(a)(3)(A) of the Act (16 U.S.C. 1371(a)(3)(A)), where 
applicable.
    (b) The notice shall state:
    (1) The nature of the hearing;
    (2) The place and date of the hearing. The date shall not be less 
than 60 days after publication of notice of the hearing;
    (3) The legal authority under which the hearing is to be held;
    (4) The proposed regulations and waiver, where applicable, and a 
summary of the statements required by section 103(d) of the Act (16 
U.S.C. 1373(d));
    (5) Issues of fact which may be involved in the hearing;
    (6) If a draft Environmental Impact Statement is required, the date 
of publication of the draft and the place(s) where the draft and 
comments thereon may be viewed and copied;
    (7) Any written advice received from the Marine Mammal Commission;
    (8) The place(s) where records and submitted direct testimony will 
be kept for public inspection;
    (9) The final date for filing with the Assistant Administrator a 
notice of intent to participate in the hearing pursuant to Sec. 228.5;
    (10) The final date for submission of direct testimony on the 
proposed regulations and waiver, if applicable, and the number of copies 
required;
    (11) The docket number assigned to the case which shall be used in 
all subsequent proceedings; and
    (12) The place and date of the pre-hearing conference.



Sec. 228.5  Notification by interested persons.

    Any person desiring to participate as a party shall notify the 
Assistant Administrator, by certified mail, on or before the date 
specified in the notice.



Sec. 228.6  Presiding officer.

    (a) Upon publication of the notice of hearing pursuant to Sec. 
228.4, the Assistant Administrator shall appoint a presiding officer 
pursuant to 5 U.S.C. 3105. No individual who has any conflict of 
interest, financial or otherwise, shall serve as presiding officer in 
such proceeding.
    (b) The presiding officer, in any proceeding under this subpart, 
shall have power to:
    (1) Change the time and place of the hearing and adjourn the 
hearing;
    (2) Evaluate direct testimony submitted pursuant to these 
regulations, make a preliminary determination of the issues, conduct a 
prehearing conference to determine the issues for the hearing agenda, 
and cause to be published in the Federal Register a final hearing 
agenda;
    (3) Rule upon motions, requests and admissibility of direct 
testimony;
    (4) Administer oaths and affirmations, question witnesses and direct 
witnesses to testify;
    (5) Modify or waive any rule (after notice) when determining that no 
party will be prejudiced;
    (6) Receive written comments and hear oral arguments;
    (7) Render a recommended decision; and
    (8) Do all acts and take all measures, including regulation of media 
coverage, for the maintenance of order at and the efficient conduct of 
the proceeding.
    (c) In case of the absence of the original presiding officer or the 
original presiding officer's inability to act, the powers and duties to 
be performed by the original presiding officer under this subpart in 
connection with a proceeding may, without abatement of the proceeding, 
be assigned to any other presiding officer unless otherwise ordered by 
the Assistant Administrator.
    (d) The presiding officer may upon the presiding officer's own 
motion

[[Page 841]]

withdraw as presiding officer in a proceeding if the presiding officer 
deems himself or herself to be disqualified.
    (e) A presiding officer may be requested to withdraw at any time 
prior to the recommended decision. Upon the filing by an interested 
person in good faith of a timely and sufficient affidavit alleging the 
presiding officer's personal bias, malice, conflict of interest or other 
basis which might result in prejudice to a party, the hearing shall 
recess. The Assistant Administrator shall immediately determine the 
matter as a part of the record and decision in the proceeding, after 
making such investigation or holding such hearings, or both, as the 
Assistant Administrator may deem appropriate in the circumstances.



Sec. 228.7  Direct testimony submitted as written documents.

    (a) Unless otherwise specified, all direct testimony, including 
accompanying exhibits, must be submitted to the presiding officer in 
writing no later than the dates specified in the notice of the hearing 
(Sec. 228.4), the final hearing agenda (Sec. 228.12), or within 15 
days after the conclusion of the prehearing conference (Sec. 228.14) as 
the case may be. All direct testimony shall be in affidavit form and 
exhibits constituting part of such testimony, referred to in the 
affidavit and made a part thereof, must be attached to the affidavit. 
Direct testimony submitted with exhibits must state the issue to which 
the exhibit relates; if no such statement is made, the presiding officer 
shall determine the relevance of the exhibit to the issues published in 
the Federal Register.
    (b) The direct testimony submitted shall contain:
    (1) A concise statement of the witness' interest in the proceeding 
and his position regarding the issues presented. If the direct testimony 
is presented by a witness who is not a party, the witness shall state 
the witness' relationship to the party; and
    (2) Facts that are relevant and material.
    (c) The direct testimony may propose issues of fact not defined in 
the notice of the hearing and the reason(s) why such issues should be 
considered at the hearing.
    (d) Ten copies of all direct testimony must be submitted unless the 
notice of the hearing specifies otherwise.
    (e) Upon receipt, direct testimony shall be assigned a number and 
stamped with that number and the docket number.
    (f) Contemporaneous with the publication of the notice of hearing, 
the Assistant Administrator's direct testimony in support of the 
proposed regulations and waiver, where applicable, shall be available 
for public inspection as specified in the notice of hearing. The 
Assistant Administrator may submit additional direct testimony during 
the time periods allowed for submission of such testimony by witnesses.



Sec. 228.8  Mailing address.

    Unless otherwise specified in the notice of hearing, all direct 
testimony shall be addressed to the Presiding Officer, c/o Assistant 
Administrator, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. All affidavits and exhibits shall be 
clearly marked with the docket number of the proceedings.



Sec. 228.9  Inspection and copying of documents.

    Any document in a file pertaining to any hearing authorized by this 
subpart or any document forming part of the record of such a hearing may 
be inspected and/or copied in the Office of the Assistant Administrator, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910-unless the file is in the care and custody of the 
presiding officer, in which case the presiding officer shall notify the 
parties as to where and when the record may be inspected.



Sec. 228.10  Ex parte communications.

    (a) After notice of a hearing is published in the Federal Register, 
all communications, whether oral or written, involving any substantive 
or procedural issue and directed either to the presiding officer or to 
the Assistant Administrator, Deputy Assistant Administrator, or Chief of 
the Marine Mammal Division, National Marine Fisheries Service, without 
reference to these rules of procedure, shall be deemed ex parte 
communications and

[[Page 842]]

are not to be considered part of the record for decision.
    (b) A record of oral conversations shall be made by the persons who 
are contacted. All communications shall be available for public viewing 
at the place(s) specified in the notice of hearing.
    (c) The presiding office shall not consult any person or party on 
any fact in issue or on the merits of the matter unless notice and 
opportunity is given for all parties to participate.



Sec. 228.11  Prehearing conference.

    (a) After an examination of all the direct testimony submitted 
pursuant to Sec. 228.7, the presiding officer shall make a preliminary 
determination of issues of fact which may be addressed at the hearing.
    (b) The presiding officer's preliminary determination shall be made 
available at the place or places provided in the notice of the hearing 
(Sec. 228.4(b)(8)) at least 5 days before the prehearing conference.
    (c) The purpose of the prehearing conference shall be to enable the 
presiding officer to determine, on the basis of the direct testimony 
submitted and prehearing discussions:
    (1) Whether the presiding officer's preliminary determination of 
issues of fact for the hearing has omitted any significant issues;
    (2) What facts are not in dispute;
    (3) Which witnesses may appear at the hearing; and
    (4) The nature of the interest of each party and which parties' 
interests are adverse.
    (d) Only parties may participate in the hearing conference and a 
party may appear in person or be represented by counsel.
    (e) Parties who do not appear at the prehearing conference shall be 
bound by the conference's determinations.



Sec. 228.12  Final agenda of the hearing.

    (a) After the prehearing conference, the presiding officer shall 
prepare a final agenda which shall be published in the Federal Register 
within 10 days after the conclusion of the conference. A copy of the 
final agenda shall be mailed to all parties.
    (b) The final agenda shall list:
    (1) All the issues which the hearing shall address, the order in 
which those issues shall be presented, and the direct testimony 
submitted which bears on the issues; and
    (2) A final date for submission of direct testimony on issues of 
fact not included in the notice of hearing if such issues are presented. 
The final agenda may also specify a final date for submission of direct 
testimony to rebut testimony previously submitted during the time 
specified in the notice of the hearing.
    (c) The presiding officer shall publish with the final agenda a list 
of witnesses who may appear at the hearing, a list of parties, the 
nature of the interest of each party, and which parties' interests are 
adverse on the issues presented.



Sec. 228.13  Determination to cancel the hearing.

    (a) If the presiding officer concludes that no issues of fact are 
presented by the direct testimony submitted, the presiding officer shall 
publish such conclusion and notice in the Federal Register that a 
hearing shall not be held and shall also publish a date for filing 
written comments on the proposed regulations. Written comments may 
include proposed findings and conclusions, arguments or briefs.
    (b) A person need not be a party to submit any written comments.
    (c) Promptly after expiration of the period for receiving written 
comments, the presiding officer shall make a recommended decision based 
on the record, which in this case shall consist of the direct testimony 
and written comments submitted. He shall transfer to the Assistant 
Administrator his recommended decision, the record and a certificate 
stating that the record contains all the written direct testimony and 
comments submitted. The Assistant Administrator shall then make a final 
decision in accordance with these regulations (Sec. 228.21).



Sec. 228.14  Rebuttal testimony and new issues of fact in final agenda.

    (a) Direct testimony to rebut testimony offered during the time 
period specified in the notice of hearing may

[[Page 843]]

be submitted pursuant to these regulations within fifteen days after the 
conclusion of the prehearing conference unless the presiding officer 
otherwise specifies in the final agenda.
    (b) If the final agenda presents issues not included in the notice 
of the hearing published pursuant to Sec. 228.4:
    (1) Any person interested in participating at the hearing on such 
issues presented shall notify the Assistant Administrator by certified 
mail of an intent to participate not later than 10 days after 
publication of the final agenda. Such person may present direct 
testimony or cross-examine witnesses only on such issues presented 
unless that person previously notified the Assistant Administrator 
pursuant to Sec. 228.5; and
    (2) Additional written direct testimony concerning such issues may 
be submitted within the time provided in the final agenda. Such direct 
testimony will comply with the requirements of Sec. 228.7.



Sec. 228.15  Waiver of right to participate.

    Persons who fail to notify the Assistant Administrator pursuant to 
Sec. Sec. 228.5 and 228.14 shall be deemed to have waived their right 
to participate as parties in any part of the hearing.



Sec. 228.16  Conduct of the hearing.

    (a) The hearing shall be held at the time and place fixed in the 
notice of the hearing, unless the presiding officer changes the time or 
place. If a change occurs, the presiding officer shall publish the 
change in the Federal Register and shall expeditiously notify all 
parties by telephone or by mail: Provided, that if that change in time 
or place of hearing is made less than 5 days before the date previously 
fixed for the hearing, the presiding officer shall also announce, or 
cause to be announced, the change at the time and place previously fixed 
for the hearing.
    (b) The presiding officer shall, at the commencement of the hearing, 
introduce into the record: the notice of hearing as published in the 
Federal Register; all subsequent documents published in the Federal 
Register; the draft Environmental Impact Statement if it is required and 
the comments thereon and agency responses to the comments; and a list of 
all parties. Direct testimony shall then be received with respect to the 
matters specified in the final agenda in such order as the presiding 
officer shall announce. With respect to direct testimony submitted as 
rebuttal testimony or in response to new issues presented by the 
prehearing conference, the presiding officer shall determine the 
relevancy of such testimony.
    (c) The hearing shall be publicly conducted and reported verbatim by 
an official reporter.
    (d) If a party objects to the admission or rejection of any direct 
testimony or to any other ruling of the presiding officer during the 
hearing, he or she shall state briefly the grounds of such objection, 
whereupon an automatic exception will follow if the objection is 
overruled by the presiding officer. The transcript shall not include 
argument or debate thereon except as ordered by the presiding officer. 
The ruling by the presiding officer on any objection shall be a part of 
the transcript and shall be subject to review at the same time and in 
the same manner as the Assistant Administrator's final decision. Only 
objections made before the presiding officer may subsequently be relied 
upon in the proceedings.
    (e) All motions and requests shall be addressed to, and ruled on by, 
the presiding officer, if made prior to his certification of the 
transcript or by the Assistant Administrator if made thereafter.



Sec. 228.17  Direct testimony.

    (a) Only direct testimony submitted by affidavit as provided in 
these regulations and introduced at the hearing by a witness shall be 
considered part of the record. Such direct testimony shall not be read 
into evidence but shall become a part of the record subject to exclusion 
of irrelevant and immaterial parts thereof;
    (b) The witness introducing direct testimony shall:
    (1) State his or her name, address and occupation;
    (2) State qualifications for introducing the direct testimony. If an 
expert, the witness shall briefly state the scientific or technical 
training which qualifies the witness as an expert;

[[Page 844]]

    (3) Identify the direct testimony previously submitted in accordance 
with these regulations; and
    (4) Submit to appropriate cross and direct examination. Cross-
examination shall be by a party whose interests are adverse on the issue 
presented, to the witness', if the witness is a party, or to the 
interests of the party who presented the witness.
    (c) A party shall be deemed to have waived the right to introduce 
direct testimony if such party fails to present a witness to introduce 
the direct testimony.
    (d) Official notice may be taken of such matters as are judicially 
noticed by the courts of the United States: Provided, that parties shall 
be given adequate notice, by the presiding officer, at the hearing, of 
matters so noticed and shall be given adequate opportunity to show that 
such facts are inaccurate or are erroneously noticed.



Sec. 228.18  Cross-examination.

    (a) The presiding officer may:
    (1) Require the cross-examiner to outline the intended scope of the 
cross-examination;
    (2) Prohibit parties from cross-examining witnesses unless the 
presiding officer has determined that the cross-examiner has an adverse 
interest on the facts at issue to the party-witness or the party 
presenting the witness. For the purposes of this subsection, the 
Assistant Administrator's or his or her representative's interest shall 
be considered adverse to all parties;
    (3) Limit the number of times any party or parties having a common 
interest may cross-examine an ``adverse'' witness on the same matter; 
and
    (4) Exclude cross-examination questions that are immaterial, 
irrelevant or unduly repetitious.
    (b) Any party shall be given an opportunity to appear, either in 
person or through an authorized counsel or representative, to cross-
examine witnesses. Before cross-examining a witness, the party or 
counsel shall state his or her name, address and occupation. If counsel 
cross-examines the witness, counsel shall state for the record the 
authority to act as counsel. Cross-examiners shall be assumed to be 
familiar with the direct testimony.
    (c) Any party or party's counsel who fails to appear at the hearing 
to cross-examine an ``adverse'' witness shall be deemed to have waived 
the right to cross-examine that witness.
    (d) Scientific, technical or commercial publications may only be 
utilized for the limited purposes of impeaching witnesses under cross-
examination unless previously submitted and introduced in accordance 
with these regulations.



Sec. 228.19  Oral and written arguments.

    (a) The presiding officer may, in his or her discretion, provide for 
oral argument at the end of the hearing. Such argument, when permitted, 
may be limited by the presiding officer to the extent necessary for the 
expeditious disposition of the proceeding.
    (b) The presiding officer shall announce at the hearing a reasonable 
period of time within which any interested person may file with the 
presiding officer any written comments on the proposed regulations and 
waiver, including proposed findings and conclusions and written 
arguments or briefs, which are based upon the record and citing where 
practicable the relevant page or pages of the transcript. If a party 
filing a brief desires the presiding officer to reconsider any objection 
made by such party to a ruling of the presiding officer, the party shall 
specifically identify such rulings by reference to the pertinent pages 
of the transcript and shall state their arguments thereon as a part of 
the brief.
    (c) Oral or written arguments shall be limited to issues arising 
from direct testimony on the record.



Sec. 228.20  Recommended decision, certification of the transcript and
submission of comments on the recommended decision.

    (a) Promptly after expiration of the period for receiving written 
briefs, the presiding officer shall make a recommended decision based on 
the record and transmit the decision to the Assistant Administrator. The 
recommended decision shall include:
    (1) A statement containing a description of the history of the 
proceedings;
    (2) Findings on the issues of fact with the reasons therefor; and

[[Page 845]]

    (3) Rulings on issues of law.
    (b) The presiding officer shall also transmit to the Assistant 
Administrator the transcript of the hearing, the original and all copies 
of the direct testimony, and written comments. The presiding officer 
shall attach to the original transcript of the hearing a certificate 
stating that, to the best of his knowledge and belief, the transcript is 
a true transcript of the testimony given at the hearing except in such 
particulars as are specified.
    (c) Immediately after receipt of the recommended decision, the 
Assistant Administrator shall give notice thereof in the Federal 
Register, send copies of the recommended decision to all parties, and 
provide opportunity for the submission of comments. The recommended 
decision may be reviewed and/or copied in the office of the Assistant 
Administrator, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910.
    (d) Within 20 days after the notice of receipt of the recommended 
decision has been published in the Federal Register, any interested 
person may file with the Assistant Administrator any written comments on 
the recommended decision. All comments, including recommendations from 
or consultation with the Marine Mammal Commission, must be submitted 
during the 20-day period to the Assistant Administrator at the 
previously mentioned address.



Sec. 228.21  Assistant Administrator's decision.

    (a) Upon receipt of the recommended decision and transcript and 
after the 20-day period for receiving written comments on the 
recommended decision has passed, the Assistant Administrator shall make 
a final decision on the proposed regulations and waiver, where 
applicable. The Assistant Administrator's decision may affirm, modify, 
or set aside, in whole or in part, the recommended findings, conclusions 
and decision of the presiding officer. The Assistant Administrator may 
also remand the hearing record to the presiding officer for a fuller 
development of the record.
    (b) The Assistant Administrator's decision shall include:
    (1) A statement containing a description of the history of the 
proceeding;
    (2) Findings on the issues of fact with the reasons therefor; and
    (3) Rulings on issues of law.
    (4) The Assistant Administrator's decision shall be published in the 
Federal Register. If the waiver is approved, the final adopted 
regulations shall be promulgated with the decision.



PART 229_AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972--Table of Contents



                      Subpart A_General Provisions

Sec.
229.1 Purpose and scope.
229.2 Definitions.
229.3 Prohibitions.
229.4 Requirements for Category I and II fisheries.
229.5 Requirements for Category III fisheries.
229.6 Reporting requirements.
229.7 Monitoring of incidental mortalities and serious injuries.
229.8 Publication of List of Fisheries.
229.9 Emergency regulations.
229.10 Penalties.
229.11 Confidential fisheries data.
229.12 Consultation with the Secretary of the Interior.

       Subpart B_Takes of Endangered and Threatened Marine Mammals

229.20 Issuance of permits.

   Subpart C_Take Reduction Plan Regulations and Emergency Regulations

229.30 Basis.
229.31 Pacific Offshore Cetacean Take Reduction Plan.
229.32 Atlantic large whale take reduction plan regulations.
229.33 Harbor Porpoise Take Reduction Plan Regulations--New England.
229.34 Harbor Porpoise Take Reduction Plan--Mid-Atlantic.
229.35 Bottlenose Dolphin Take Reduction Plan.
229.36 Atlantic Pelagic Longline Take Reduction Plan (PLTRP).

Figure 1 to Part 229--Drift Gillnet Pinger Configuration and Extender 
          Requirements

    Authority: 16 U.S.C. 1361 et seq.; Sec. 229.32(f) also issued under 
16 U.S.C. 1531 et seq.

[[Page 846]]


    Source: 60 FR 45100, Aug. 30, 1995, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 229.1  Purpose and scope.

    (a) The regulations in this part implement sections 101(a)(5)(E) and 
118 of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 
1371(a)(5)(E) and 1387) that provide for exceptions for the taking of 
marine mammals incidental to certain commercial fishing operations from 
the Act's general moratorium on the taking of marine mammals.
    (b) Section 118 of the Act, rather than sections 103 and 104, 
governs the incidental taking of marine mammals in the course of 
commercial fishing operations by persons using vessels of the United 
States, other than vessels fishing for yellowfin tuna in the eastern 
tropical Pacific Ocean purse seine fishery, and vessels that have valid 
fishing permits issued in accordance with section 204(b) of the Magnuson 
Fishery Conservation and Management Act (16 U.S.C. 1824(b)).
    (c) The regulations of Subpart B also govern the incidental taking 
by commercial fishers of marine mammals from species or stocks 
designated under the Act as depleted on the basis of their listing as 
threatened species or endangered species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.).
    (d) The regulations of this part do not apply to the incidental 
taking of California sea otters or to Northwest treaty Indian tribal 
members exercising treaty fishing rights.
    (e) Authorizations under subpart A of this part are exemptions only 
from the taking prohibitions under the Act and not those under the 
Endangered Species Act of 1973. To be exempt from the taking 
prohibitions under the Endangered Species Act, specific authorization 
under subpart B of this part is required.
    (f) Authorizations under this part do not apply to the intentional 
lethal taking of marine mammals in the course of commercial fishing 
operations except as provided for under Sec. Sec. 229.4(k) and 
229.5(f).
    (g) The purposes of the regulations in this part are to:
    (1) Reduce the incidental mortality or serious injury of marine 
mammals occurring in the course of commercial fishing operations below 
the potential biological removal level for a particular stock, and
    (2) Reduce the incidental mortality or serious injury of marine 
mammals occurring in the course of commercial fishing operations to 
insignificant levels approaching a zero mortality and serious injury 
rate by the statutory deadline of April 30, 2001.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9086, Feb. 24, 1999]



Sec. 229.2  Definitions.

    In addition to the definitions contained in the Act and Sec. 216.3 
of this chapter, and unless otherwise defined in this chapter, the terms 
in this chapter have the following meaning:
    Act or MMPA means the Marine Mammal Protection Act of 1972, as 
amended (16 U.S.C. 1361 et seq.).
    American lobster or lobster means Homarus americanus.
    Anchored gillnet means any gillnet gear, including an anchored float 
gillnet, sink gillnet or stab net, that is set anywhere in the water 
column and which is anchored, secured, or weighted to the bottom of the 
sea. Also called a set gillnet.
    Assistant Administrator means the Assistant Administrator for 
Fisheries of the National Oceanic and Atmospheric Administration.
    Authorization Certificate means a document issued by the Assistant 
Administrator, or designee, under the authority of section 118 of the 
Act that authorizes the incidental, but not intentional, taking of 
marine mammals in Category I or II fisheries.
    Bitter end means the end of a line that detaches from a weak link.
    Bottom portion of the line means, for buoy lines, the portion of the 
line in the water column that is closest to the fishing gear.
    Breaking strength means the highest tensile force which an object 
can withstand before breaking.
    Bridle means the lines connecting a gillnet to an anchor or buoy 
line.

[[Page 847]]

    Buoy line means a line connecting fishing gear in the water to a 
buoy at the surface of the water.
    Category I fishery means a commercial fishery determined by the 
Assistant Administrator to have frequent incidental mortality and 
serious injury of marine mammals. A commercial fishery that frequently 
causes mortality or serious injury of marine mammals is one that is by 
itself responsible for the annual removal of 50 percent or more of any 
stock's potential biological removal level.
    Category II fishery means a commercial fishery determined by the 
Assistant Administrator to have occasional incidental mortality and 
serious injury of marine mammals. A commercial fishery that occasionally 
causes mortality or serious injury of marine mammals is one that, 
collectively with other fisheries, is responsible for the annual removal 
of more than 10 percent of any marine mammal stock's potential 
biological removal level and that is by itself responsible for the 
annual removal of between 1 and 50 percent, exclusive, of any stock's 
potential biological removal level. In the absence of reliable 
information indicating the frequency of incidental mortality and serious 
injury of marine mammals by a commercial fishery, the Assistant 
Administrator will determine whether the incidental serious injury or 
mortality is ``occasional'' by evaluating other factors such as fishing 
techniques, gear used, methods used to deter marine mammals, target 
species, seasons and areas fished, qualitative data from logbooks or 
fisher reports, stranding data, and the species and distribution of 
marine mammals in the area, or at the discretion of the Assistant 
Administrator. Eligible commercial fisheries not specifically identified 
in the list of fisheries are deemed to be Category II fisheries until 
the next list of fisheries is published.
    Category III fishery means a commercial fishery determined by the 
Assistant Administrator to have a remote likelihood of, or no known 
incidental mortality and serious injury of marine mammals. A commercial 
fishery that has a remote likelihood of causing incidental mortality and 
serious injury of marine mammals is one that collectively with other 
fisheries is responsible for the annual removal of:
    (1) Ten percent or less of any marine mammal stock's potential 
biological removal level, or
    (2) More than 10 percent of any marine mammal stock's potential 
biological removal level, yet that fishery by itself is responsible for 
the annual removal of 1 percent or less of that stock's potential 
biological removal level. In the absence of reliable information 
indicating the frequency of incidental mortality and serious injury of 
marine mammals by a commercial fishery, the Assistant Administrator will 
determine whether the incidental serious injury or mortality is 
``remote'' by evaluating other factors such as fishing techniques, gear 
used, methods used to deter marine mammals, target species, seasons and 
areas fished, qualitative data from logbooks or fisher reports, 
stranding data, and the species and distribution of marine mammals in 
the area or at the discretion of the Assistant Administrator.
    Commercial fishing operation means the catching, taking, or 
harvesting of fish from the marine environment (or other areas where 
marine mammals occur) that results in the sale or barter of all or part 
of the fish harvested. The term includes licensed commercial passenger 
fishing vessel (as defined in Sec. 216.3 of this chapter) activities 
and aquaculture activities.
    Depleted species means any species or population that has been 
designated as depleted under the Act and is listed in Sec. 216.15 of 
this chapter or part 18, subpart E of this title, or any endangered or 
threatened species of marine mammal.
    Driftnet, drift gillnet, or drift entanglement gear means a gillnet 
or gillnets that is/are unattached to the ocean bottom and not anchored, 
secured or weighted to the bottom, regardless of whether attached to a 
vessel.
    Fisher or fisherman means the vessel owner or operator, or the owner 
or operator of gear in a nonvessel fishery.
    Fishery has the same meaning as in section 3 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1802).

[[Page 848]]

    Fishing or to fish means any commercial fishing operation activity 
that involves:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching, taking, or harvesting of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1), (2), or (3) of this definition.
    Fishing trip means any time spent away from port actively engaged in 
commercial fishing operations. The end of a fishing trip will be the 
time of a fishing vessel's return to port or the return of a fisher from 
tending gear in a nonvessel fishery.
    Fishing vessel or vessel means any vessel, boat, ship, or other 
craft that is used for, equipped to be used for, or of a type normally 
used for, fishing.
    Float-line means the rope at the top of a gillnet from which the 
mesh portion of the net is hung.
    Gillnet means fishing gear consisting of a wall of webbing (meshes) 
or nets, designed or configured so that the webbing (meshes) or nets are 
placed in the water column, usually held approximately vertically, and 
are designed to capture fish by entanglement, gilling, or wedging. The 
term ``gillnet'' includes gillnets of all types, including but not 
limited to sink gillnets, other anchored gillnets (e.g., anchored float 
gillnets, stab, and set nets), and drift gillnets. Gillnets may or may 
not be attached to a vessel.
    Groundline, with reference to trap/pot gear, means a line connecting 
traps in a trap trawl, and, with reference to gillnet gear, means a line 
connecting a gillnet or gillnet bridle to an anchor or buoy line.
    Incidental means, with respect to an act, a non-intentional or 
accidental act that results from, but is not the purpose of, carrying 
out an otherwise lawful action.
    Injury means a wound or other physical harm. Signs of injury to a 
marine mammal include, but are not limited to, visible blood flow, loss 
of or damage to an appendage or jaw, inability to use one or more 
appendages, asymmetry in the shape of the body or body position, 
noticeable swelling or hemorrhage, laceration, puncture or rupture of 
eyeball, listless appearance or inability to defend itself, inability to 
swim or dive upon release from fishing gear, or signs of equilibrium 
imbalance. Any animal that ingests fishing gear, or any animal that is 
released with fishing gear entangling, trailing or perforating any part 
of the body will be considered injured regardless of the absence of any 
wound or other evidence of an injury.
    Insignificance threshold means the upper limit of annual incidental 
mortality and serious injury of marine mammal stocks by commercial 
fisheries that can be considered insignificant levels approaching a zero 
mortality and serious injury rate. An insignificance threshold is 
estimated as 10 percent of the Potential Biological Removal level for a 
stock of marine mammals. If certain parameters (e.g., maximum net 
productivity rate or the recovery factor in the calculation of the 
stock's potential biological removal level) can be estimated or 
otherwise modified from default values, the Assistant Administrator may 
use a modification of the number calculated from the simple formula for 
the insignificance threshold. The Assistant Administrator may also use a 
modification of the simple formula when information is insufficient to 
estimate the level of mortality and serious injury that would have an 
insignificant effect on the affected population stock and provide a 
rationale for using the modification.
    Interaction means coming in contact with fishing gear or catch. An 
interaction may be characterized by a marine mammal entangled, hooked, 
or otherwise trapped in fishing gear, regardless of whether injury or 
mortality occurs, or situations where marine mammals are preying on 
catch. Catch means fish or shellfish that has been hooked, entangled, 
snagged, trapped or otherwise captured by commercial fishing gear.
    Large mesh gillnet means a gillnet constructed with a mesh size of 7 
inches (17.78 cm) to 18 inches (45.72 cm).

[[Page 849]]

    Lead-line means the rope, weighted or otherwise, to which the bottom 
edge of a gillnet is attached.
    List of Fisheries means the most recent final list of commercial 
fisheries published in the Federal Register by the Assistant 
Administrator, categorized according to the likelihood of incidental 
mortality and serious injury of marine mammals during commercial fishing 
operations.
    Mesh size means the distance between inside knot to inside knot. 
Mesh size is measured as described in Sec. 648.80(f)(1) of this title.
    Mid-Atlantic coastal waters means waters bounded by the line defined 
by the following points: The southern shoreline of Long Island, New York 
at 72[deg]30[min]W, then due south to 33[deg]51[min]N lat., thence west 
to the North Carolina/South Carolina border.
    Minimum population estimate means an estimate of the number of 
animals in a stock that:
    (1) Is based on the best available scientific information on 
abundance, incorporating the precision and variability associated with 
such information; and
    (2) Provides reasonable assurance that the stock size is equal to or 
greater than the estimate.
    Negligible impact has the same meaning as in Sec. 216.103 of this 
chapter.
    Net productivity rate means the annual per capita rate of increase 
in a stock resulting from additions due to reproduction, less losses due 
to mortality.
    Night means any time between one half hour before sunset and one 
half hour after sunrise.
    NMFS means the National Marine Fisheries Service.
    Nonvessel fishery means a commercial fishing operation that uses 
fixed or other gear without a vessel, such as gear used in set gillnet, 
trap, beach seine, weir, ranch, and pen fisheries.
    Observer means an individual authorized by NMFS, or a designated 
contractor, to record information on marine mammal interactions, fishing 
operations, marine mammal life history information, and other scientific 
data, and collect biological specimens during commercial fishing 
activities.
    Operator, with respect to any vessel, means the master, captain, or 
other individual in charge of that vessel.
    Potential biological removal level means the maximum number of 
animals, not including natural mortalities, that may be removed from a 
marine mammal stock while allowing that stock to reach or maintain its 
optimum sustainable population. The potential biological removal level 
is the product of the following factors:
    (1) The minimum population estimate of the stock;
    (2) One-half the maximum theoretical or estimated net productivity 
rate of the stock at a small population size; and
    (3) A recovery factor of between 0.1 and 1.0.
    Qualified individual means an individual ascertained by NMFS to be 
reasonably able, though training or experience, to identify a right 
whale. Such individuals include, but are not limited to, NMFS staff, 
U.S. Coast Guard and Navy personnel trained in whale identification, 
scientific research survey personnel, whale watch operators and 
naturalists, and mariners trained in whale species identification 
through disentanglement training or some other training program deemed 
adequate by NMFS.
    Regional Fishery Management Council means a regional fishery 
management council established under section 302 of the Magnuson Fishery 
Conservation and Management Act.
    Reliable report means a credible right whale sighting report based 
upon which a DAM zone would be triggered.
    Seine means a net that fishes vertically in the water, is pulled by 
hand or by power, and captures fish by encirclement and confining fish 
within itself or against another net, the shore or bank as a result of 
net design, construction, mesh size, webbing diameter, or method in 
which it is used. In some regions, the net is typically constructed with 
a capture bag in the center of the net which concentrates the fish as 
the net is closed.
    Serious injury means any injury that will likely result in 
mortality.
    Sink gillnet or stab net means any gillnet, anchored or otherwise, 
that is designed to be, or is fished on or near

[[Page 850]]

the bottom in the lower third of the water column.
    Sinking line means, for both groundlines and buoy lines, line that 
has a specific gravity greater than or equal to 1.030, and, for 
groundlines only, does not float at any point in the water column.
    Small mesh gillnet means a gillnet constructed with a mesh size of 
greater than 5 inches (12.7 cm) to less than 7 inches (17.78 cm).
    Spotter plane means a plane that is deployed for the purpose of 
locating schools of target fish for a fishing vessel that intends to set 
fishing gear on them.
    Stowed means traps/pots and gillnets that are unavailable for 
immediate use and further, all gillnets are stored in accordance with 
the following:
    (1) All nets are covered with canvas or other similar material and 
lashed or otherwise securely fastened to the deck, rail, or drum, and 
all buoys larger than 6 inches (15.24 cm) in diameter, high flyers, and 
anchors are disconnected; and
    (2) Any other method of stowage authorized in writing by the 
Regional Administrator and subsequently published in the Federal 
Register.
    Strategic stock means a marine mammal stock:
    (1) For which the level of direct human-caused mortality exceeds the 
potential biological removal level;
    (2) Which, based on the best available scientific information, is 
declining and is likely to be listed as a threatened species under the 
Endangered Species Act of 1973 within the foreseeable future;
    (3) Which is listed as a threatened species or endangered species 
under the Endangered Species Act of 1973; or
    (4) Which is designated as depleted under the Marine Mammal 
Protection Act of 1972, as amended.
    Sunrise means the time of sunrise as determined for the date and 
location in The Nautical Almanac, prepared by the U.S. Naval 
Observatory.
    Sunset means the time of sunset as determined for the date and 
location in The Nautical Almanac, prepared by the U.S. Naval 
Observatory.
    Take Reduction Plan means a plan developed to reduce the incidental 
mortality and serious injury of marine mammals during commercial fishing 
operations in accordance with section 118 of the Marine Mammal 
Protection Act of 1972, as amended.
    Take Reduction Team means a team established to recommend methods of 
reducing the incidental mortality and serious injury of marine mammals 
due to commercial fishing operations, in accordance with section 118 of 
the Marine Mammal Protection Act of 1972, as amended.
    Tended gear or tend means fishing gear that is physically attached 
to a vessel in a way that is capable of harvesting fish, or to fish with 
gear attached to the vessel.
    Tie-down refers to twine used between the floatline and the lead 
line as a way to create a pocket or bag of netting to trap fish alive.
    Tie loops means the loops on a gillnet panel used to connect net 
panels to the buoy line, groundline, bridle or each other.
    Trap/Pot means any structure or other device, other than a net or 
longline, that is placed, or designed to be placed, on the ocean bottom 
and is designed for or is capable of, catching species including but not 
limited to lobster, crab (red, Jonah, rock, and blue), hagfish, finfish 
(black sea bass, scup, tautog, cod, haddock, pollock, redfish (ocean 
perch), and white hake), conch/whelk, and shrimp.
    Trap/pot trawl means two or more trap/pots attached to a single 
groundline.
    Up and down line means the line that connects the float-line and 
lead-line at the end of each gillnet net panel.
    U.S. waters means both state and Federal waters to the outer 
boundaries of the U.S. exclusive economic zone along the east coast of 
the United States from the Canadian/U.S. border southward to a line 
extending eastward from the southernmost tip of Florida on the Florida 
shore.
    Vessel owner or operator means the owner or operator of:
    (1) A fishing vessel that engages in a commercial fishing operation; 
or
    (2) Fixed or other commercial fishing gear that is used in a 
nonvessel fishery.
    Vessel of the United States has the same meaning as in section 3 of 
the

[[Page 851]]

Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802).
    Weak link means a breakable component of gear that will part when 
subject to a certain tension load.

[60 FR 45100, Aug. 30, 1995, as amended at 62 FR 39183, July 22, 1997; 
63 FR 66487, Dec. 2, 1998; 64 FR 7551, Feb. 16, 1999; 64 FR 9086, Feb. 
24, 1999; 65 FR 80377, Dec. 21, 2000; 67 FR 1141, Jan. 9, 2002; 67 FR 
1313, Jan. 10, 2002; 69 FR 6584, Feb. 11, 2004; 69 FR 43345, July 20, 
2004; 71 FR 24796, Apr. 26, 2006; 72 FR 34642, June 25, 2007; 72 FR 
57180, Oct. 5, 2007; 73 FR 51241, Oct. 2, 2008; 75 FR 7396, Feb. 19, 
2010]



Sec. 229.3  Prohibitions.

    (a) It is prohibited to take any marine mammal incidental to 
commercial fishing operations except as otherwise provided in part 216 
of this chapter or in this part 229.
    (b) It is prohibited to assault, harm, harass (including sexually 
harass), oppose, impede, intimidate, impair, or in any way influence or 
interfere with an observer, or attempt the same. This prohibition 
includes, but is not limited to, any action that interferes with an 
observer's responsibilities, or that creates an intimidating, hostile, 
or offensive environment.
    (c) It is prohibited to provide false information when registering 
for an Authorization Certificate, applying for renewal of the 
Authorization Certificate, reporting the injury or mortality of any 
marine mammal, or providing information to any observer.
    (d) It is prohibited to tamper with or destroy observer equipment in 
any way.
    (e) It is prohibited to retain any marine mammal incidentally taken 
in commercial fishing operations unless authorized by NMFS personnel, by 
designated contractors or an official observer, or by a scientific 
research permit that is in the possession of the vessel operator.
    (f) It is prohibited to intentionally lethally take any marine 
mammal in the course of commercial fishing operations unless imminently 
necessary in self-defense or to save the life of a person in immediate 
danger, and such taking is reported in accordance with the requirements 
of Sec. 229.6.
    (g) It is prohibited to violate any regulation in this part or any 
provision of section 118 of the Act.
    (h) It is prohibited to fish with or possess trap/pot gear in the 
areas and during the times specified in Sec. 229.32 (c)(2) through 
(c)(9) unless the trap/pot gear complies with the marking requirements, 
closures, modifications, and restrictions specified in Sec. 
229.32(b)(2)(ii), (b)(2)(iii), and (c)(1) through (c)(9), or unless the 
gear is stowed as specified in Sec. 229.2.
    (i) It is prohibited to fish with or possess anchored gillnet gear 
in the areas and during the times specified in Sec. 229.32(d)(2) 
through (d)(7) unless that gillnet gear complies with the marking 
requirements, closures, modifications, and restrictions specified in 
Sec. 229.32(b)(2)(ii), (b)(2)(iii), and (d)(1) through (d)(7), or 
unless the gear is stowed as specified in Sec. 229.2.
    (j) It is prohibited to fish with or possess drift gillnet gear in 
the areas and during the times specified in Sec. 229.32(e)(1) through 
(e)(6) unless the drift gillnet gear complies with the marking 
requirements, closures, modifications, and restrictions specified in 
Sec. 229.32(b)(2)(ii), (b)(2)(iii), and (e)(1) through (e)(6), or 
unless the gear is stowed as specified in Sec. 229.2.
    (k) It is prohibited to fish with or possess gillnet gear in the 
areas and during the times specified in Sec. 229.32(f)(1) and (g)(1) 
unless the gillnet gear complies with the marking requirements, 
closures, modifications, and restrictions specified in Sec. 
229.32(b)(2)(ii), (b)(2)(iii), (f)(2)(ii), (f)(2)(iv), (f)(2)(v), and 
(g)(3), or for (g)(3) unless the gear is stowed as specified in Sec. 
229.2.
    (l) It is prohibited to fish with or possess shark gillnet gear 
(i.e. gillnet gear for shark with webbing of 5 inches (12.7 cm) or 
greater stretched mesh) in the areas and during the times specified in 
Sec. 229.32(f)(1), (g)(1) and (h)(1) unless the gear complies with the 
marking requirements, closures, modifications, and restrictions 
specified in Sec. 229.32(b)(2)(i), (b)(2)(iii), (f)(2)(ii), 
(f)(2)(iii), (f)(2)(v), (g)(2), and (h)(2), or for the gear marking 
requirements for (h)(2) unless the gear is stowed as specified in Sec. 
229.2.
    (m) It is prohibited to fish with, set, haul back, possess on board 
a vessel unless stowed in accordance with Sec. 229.2, or fail to remove 
sink gillnet

[[Page 852]]

gear or gillnet gear capable of catching multispecies from the areas and 
for the times specified in Sec. 229.33(a)(1), (a)(3), (a)(6), and 
(a)(8). This prohibition also applies to areas where pingers are 
required, unless the vessel owner or operator complies with the pinger 
provisions specified in Sec. 229.33 (a)(2) through (a)(5) and (a)(7). 
This prohibition does not apply to vessels fishing with a single pelagic 
gillnet (as described and used as set forth in Sec. 648.81(f)(2)(ii) of 
this title).
    (n) It is prohibited to fish with, set, haul back, possess on board 
a vessel unless stowed in accordance with Sec. 229.2, or fail to remove 
gillnet gear from the areas and for the times as specified in Sec. 
229.34 (b)(1)(i), (b)(2)(i), (b)(3)(i), or (b)(4)(i).
    (o) It is prohibited to fish with, set, haul back, possess on board 
a vessel unless stowed in accordance with Sec. 229.2, or fail to remove 
any large mesh or small mesh gillnet gear from the areas and for the 
times specified in Sec. 229.34(b) unless the gear complies with the 
specified gear restrictions set forth in the provisions of paragraphs 
(b)(1)(ii) or (iii), (b)(2)(ii) or (iii), (b)(3)(ii) or (iii), or 
(b)(4)(ii) or (iii) of Sec. 229.34.
    (p) It is prohibited to fish with, set, haul back, possess on board 
a vessel unless stowed in accordance with Sec. 229.2, or fail to remove 
sink gillnet gear or gillnet gear capable of catching multispecies in 
areas where pingers are required, as specified under Sec. 229.33 (a)(2) 
through (a)(5) and (a)(7), unless the operator on board the vessel 
during fishing operations possesses and retains on board the vessel a 
valid pinger training authorization issued by NMFS as specified under 
Sec. 229.33(c).
    (q)-- (r) [Reserved]
    (s) It is prohibited to fish with, or possess on board a vessel 
unless stowed, or fail to remove, any gillnet gear from the areas 
specified in Sec. 229.35(c) unless the gear complies with the specified 
restrictions set forth in Sec. 229.35(d).
    (t) It is prohibited to deploy or fish with pelagic longline gear in 
the Mid-Atlantic Bight unless the vessel:
    (1) Complies with the placard posting requirement specified in Sec. 
229.36(c); and
    (2) Complies with the gear restrictions specified in Sec. 
229.36(e).
    (u) It is prohibited to deploy or fish with pelagic longline gear in 
the Cape Hatteras Special Research Area unless the vessel is in 
compliance with the observer and research requirements specified in 
Sec. 229.36(d).

[60 FR 45100, Aug. 30, 1995, as amended at 62 FR 39184, July 22, 1997; 
63 FR 66487, Dec. 2, 1998; 64 FR 7552, Feb. 16, 1999; 64 FR 9086, Feb. 
24, 1999; 65 FR 80377, Dec. 21, 2000; 67 FR 1313, Jan. 10, 2002; 67 FR 
59477, Sept. 23, 2002; 71 FR 24796, Apr. 26, 2006; 72 FR 57180, Oct. 5, 
2007; 74 FR 23357, May 19, 2009; 75 FR 7396, Feb. 19, 2010]



Sec. 229.4  Requirements for Category I and II fisheries.

    (a) General. (1) For a vessel owner or crew members to lawfully 
incidentally take marine mammals in the course of a commercial fishing 
operation in a Category I or II fishery, the owner or authorized 
representative of a fishing vessel or nonvessel fishing gear must have 
in possession a valid Certificate of Authorization. The owner of a 
fishing vessel or nonvessel fishing gear is responsible for obtaining a 
Certificate of Authorization.
    (2) The granting and administration of Authorization Certificates 
under this part will be integrated and coordinated with existing fishery 
license, registration, or permit systems and related programs wherever 
possible. These programs may include, but are not limited to, state or 
interjurisdictional fisheries programs. If the administration of 
Authorization Certificates is integrated into a program, NMFS will 
publish a notice in the Federal Register announcing the integrated 
program and summarizing how an owner or authorized representative of a 
fishing vessel or non-fishing gear may register under that program or 
how registration will be achieved if no action is required on the part 
of the affected fisher. NMFS will make additional efforts to contact 
participants in the affected fishery via other appropriate means of 
notification.
    (b) Registration. (1) The owner of a vessel, or for nonvessel gear 
fisheries, the owner of gear, who participates in a Category I or II 
fishery is required to be registered for a Certificate of Authorization.

[[Page 853]]

    (2) Unless a notice is published in the Federal Register announcing 
an integrated registration program, the owner of a vessel, or for 
nonvessel fishery, the owner of the gear must register for and receive 
an Authorization Certificate. To register, owners must submit the 
following information using the format specified by NMFS:
    (i) Name, address, and phone number of owner.
    (ii) Name, address, and phone number of operator, if different from 
owner, unless the name of the operator is not known or has not been 
established at the time the registration is submitted.
    (iii) For a vessel fishery, vessel name, length, home port; U.S. 
Coast Guard documentation number or state registration number, and if 
applicable; state commercial vessel license number and for a nonvessel 
fishery, a description of the gear and state commercial license number, 
if applicable.
    (iv) A list of all Category I and II fisheries in which the fisher 
may actively engage during the calendar year.
    (v) A certification signed and dated by the owner of an authorized 
representative of the owner as follows: ``I hereby certify that I am the 
owner of the vessel, that I have reviewed all information contained on 
this document, and that it is true and complete to the best of my 
knowledge.''
    (vi) A check or money order made payable to NMFS in the amount 
specified in the notice of the final List of Fisheries must accompany 
each registration submitted to NMFS. The amount of this fee will be 
based on recovering the administrative costs incurred in granting an 
authorization. The Assistant Administrator may waive the fee requirement 
for good cause upon the recommendation of the Regional Director.
    (3) If a notice is published in the Federal Register announcing an 
integrated registration program, the owner of a vessel, or for nonvessel 
fishery, the owner of the gear may register by following the directions 
provided in that notice. If a person receives a registration to which he 
or she is not entitled or if the registration contains incorrect, 
inaccurate or incomplete information, the person shall notify NMFS 
within 10 days following receipt. If a fisher participating in a 
Category I or II fishery who expects to receive automatic registration 
does not receive that registration within the time specified in the 
notice announcing the integrated registration program, the person shall 
notify NMFS as directed in the notice or may apply for registration by 
submitting the information required under paragraph (b)(1)(i) through 
(b)(1)(vi) of this section.
    (c) Address. Unless the granting and administration of 
authorizations under this part 229 is integrated and coordinated with 
existing fishery licenses, registrations, or related programs pursuant 
to paragraph (a) of this section, requests for registration forms and 
completed registration and renewal forms should be sent to the NMFS 
Regional Offices as follows:
    (1) Alaska Region, NMFS, P.O. Box 21668, 709 West 9th Street, 
Juneau, AK 99802; telephone: 907-586-7235;
    (2) Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 
98115-0070; telephone: 206-526-4353;
    (3) Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; telephone: 562-980-4001;
    (4) Northeast Region, NMFS, 1 Blackburn Drive, Gloucester, MA 01930; 
telephone: 978-281-9254; or
    (5) Southeast Region, NMFS, 9721 Executive Center Drive North, St. 
Petersburg, FL 33702; telephone: 727-570-5312.
    (d) Issuance. (1) For integrated fisheries, an Authorization 
Certificate or other proof of registration will be issued annually to 
each fisher registered for that fishery.
    (2) For all other fisheries (i.e., non-integrated fisheries), NMFS 
will issue an Authorization Certificate and, if necessary, a decal to an 
owner or authorized representative who:
    (i) Submits a completed registration form and the required fee.
    (ii) Has complied with the requirements of this section and 
Sec. Sec. 229.6 and 229.7
    (iii) Has submitted updated registration or renewal registration 
which includes a statement (yes/no) whether any marine mammals were 
killed or injured during the current or previous calender year.

[[Page 854]]

    (3) If a person receives a renewed Authorization Certificate or a 
decal to which he or she is not entitled, the person shall notify NMFS 
within 10 days following receipt.
    (e) Authorization Certificate and decal requirements. (1) If a decal 
has been issued under the conditions specified in paragraph (e)(2) of 
this section, the decal must be attached to the vessel on the port side 
of the cabin or, in the absence of a cabin, on the forward port side of 
the hull, and must be free of obstruction and in good condition. The 
decal must be attached to the Authorization Certificate for nonvessel 
fisheries.
    (2) The Authorization Certificate, or a copy, must be on board the 
vessel while it is operating in a Category I or II fishery, or, in the 
case of nonvessel fisheries, the Authorization Certificate with decal 
attached, or copy must be in the possession of the person in charge of 
the fishing operation. The Authorization Certificate, or copy, must be 
made available upon request to any state or Federal enforcement agent 
authorized to enforce the Act, any designated agent of NMFS, or any 
contractor providing observer services to NMFS.
    (3) Authorization Certificates and decals are not transferable. In 
the event of the sale or change in ownership of the vessel, the 
Authorization Certificate is void and the new owner must register for an 
Authorization Certificate and decal.
    (4) An Authorization Certificate holder must notify the issuing 
office in writing:
    (i) If the vessel or nonvessel fishing gear will engage in any 
Category I or II fishery not listed on the initial registration form at 
least 30 days prior to engaging in that fishery; and,
    (ii) If there are any changes in the mailing address or vessel 
ownership within 30 days of such change.
    (f) Reporting. Any Authorization Certificate holders must comply 
with the reporting requirements specified under Sec. 229.6.
    (g) Disposition of marine mammals. Any marine mammal incidentally 
taken must be immediately returned to the sea with a minimum of further 
injury, unless directed otherwise by NMFS personnel, a designated 
contractor or an official observer, or authorized otherwise by a 
scientific research permit that is in the possession of the operator.
    (h) Monitoring. Authorization Certificate holders must comply with 
the observer or other monitoring requirements specified under Sec. 
229.7.
    (i) Deterrence. When necessary to deter a marine mammal from 
damaging fishing gear, catch, or other private property, or from 
endangering personal safety, vessel owners and crew members engaged in a 
Category I or II fishery must comply with all deterrence provisions set 
forth in the Act and all guidelines and prohibitions published 
thereunder.
    (j) Self defense. When imminently necessary in self-defense or to 
save the life of a person in immediate danger, a marine mammal may be 
lethally taken if such taking is reported to NMFS in accordance with the 
requirements of Sec. 229.6.
    (k) Take reduction plans and emergency regulations. Authorization 
Certificate holders must comply with any applicable take reduction plans 
and emergency regulations.
    (l) Expiration. Authorization Certificates expire at the end of each 
calendar year.

[60 FR 45100, Aug. 30, 1995, as amended at 62 FR 46, Jan. 2, 1997; 64 FR 
9086, Feb. 24, 1999]



Sec. 229.5  Requirements for Category III fisheries.

    (a) General. Vessel owners and crew members of such vessels engaged 
only in Category III fisheries may incidentally take marine mammals 
without registering for or receiving an Authorization Certificate.
    (b) Reporting. Vessel owners engaged in a Category III fishery must 
comply with the reporting requirements specified in Sec. 229.6.
    (c) Disposition of marine mammals. Any marine mammal incidentally 
taken must be immediately returned to the sea with a minimum of further 
injury unless directed otherwise by NMFS personnel, a designated 
contractor, or an official observer, or authorized otherwise by a 
scientific research permit in the possession of the operator.

[[Page 855]]

    (d) Monitoring. Vessel owners engaged in a Category III fishery must 
comply with the observer requirements specified under Sec. 229.7(d).
    (e) Deterrence. When necessary to deter a marine mammal from 
damaging fishing gear, catch, or other private property, or from 
endangering personal safety, vessel owners and crew members engaged in 
commercial fishing operations must comply with all deterrence provisions 
set forth in the Act and all guidelines and prohibitions published 
thereunder.
    (f) Self-defense. When imminently necessary in self-defense or to 
save the life of a person in immediate danger, a marine mammal may be 
lethally taken if such taking is reported to NMFS in accordance with the 
requirements of Sec. 229.6.
    (g) Emergency regulations. Vessel owners engaged in a Category III 
fishery must comply with any applicable emergency regulations.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]



Sec. 229.6  Reporting requirements.

    (a) Vessel owners or operators engaged in any commercial fishery 
must report all incidental mortality and injury of marine mammals in the 
course of commercial fishing operations to the Assistant Administrator, 
or appropriate Regional Office, by mail or other means, such as fax or 
overnight mail specified by the Assistant Administrator. Reports must be 
sent within 48 hours after the end of each fishing trip during which the 
incidental mortality or injury occurred, or, for nonvessel fisheries, 
within 48 hours of an occurrence of an incidental mortality or injury. 
Reports must be submitted on a standard postage-paid form as provided by 
the Assistant Administrator. The vessel owner or operator must provide 
the following information on this form:
    (1) The vessel name, and Federal, state, or tribal registration 
numbers of the registered vessel;
    (2) The name and address of the vessel owner or operator;
    (3) The name and description of the fishery, including gear type and 
target species; and
    (4) The species and number of each marine mammal incidentally killed 
or injured, and the date, time, and approximate geographic location of 
such occurrence. A description of the animal(s) killed or injured must 
be provided if the species is unknown.
    (b) Participants in nonvessel fisheries must provide all of the 
information in paragraphs (a)(1) through (a)(4) of this section except, 
instead of providing the vessel name and vessel registration number, 
participants in nonvessel fisheries must provide the gear permit number.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]



Sec. 229.7  Monitoring of incidental mortalities and serious injuries.

    (a) Purpose. The Assistant Administrator will establish a program to 
monitor incidental mortality and serious injury of marine mammals during 
the course of commercial fishing operations in order to:
    (1) Obtain statistically reliable estimates of incidental mortality 
and serious injury;
    (2) Determine the reliability of reports of incidental mortality and 
injury under Sec. 229.6; and
    (3) Identify changes in fishing methods or technology that may 
increase or decrease incidental mortality and serious injury.
    (b) Observer program. Pursuant to paragraph (a) of this section, the 
Assistant Administrator may observe Category I and II vessels as 
necessary. Observers may, among other tasks:
    (1) Record incidental mortality and injury, and bycatch of other 
nontarget species;
    (2) Record numbers of marine mammals sighted; and
    (3) Perform other scientific investigations, which may include, but 
are not limited to, sampling and photographing incidental mortalities 
and serious injuries.
    (c) Observer requirements for participants in Category I and II 
fisheries. (1) If requested by NMFS or by a designated contractor 
providing observer services to NMFS, a vessel owner/operator must take 
aboard an observer to accompany the vessel on fishing trips.
    (2) After being notified by NMFS, or by a designated contractor 
providing observer services to NMFS, that the

[[Page 856]]

vessel is required to carry an observer, the vessel owner/operator must 
comply with the notification by providing information requested within 
the specified time on scheduled or anticipated fishing trips.
    (3) NMFS, or a designated contractor providing observer services to 
NMFS, may waive the observer requirement based on a finding that the 
facilities for housing the observer or for carrying out observer 
functions are so inadequate or unsafe that the health or safety of the 
observer or the safe operation of the vessel would be jeopardized.
    (4) The vessel owner/operator and crew must cooperate with the 
observer in the performance of the observer's duties including:
    (i) Providing, at no cost to the observer, the United States 
government, or the designated observer provider, food, toilet, bathing, 
sleeping accommodations, and other amenities that are equivalent to 
those provided to the crew, unless other arrangements are approved in 
advance by the Regional Administrator;
    (ii) Allowing for the embarking and debarking of the observer as 
specified by NMFS personnel or designated contractors. The operator of a 
vessel must ensure that transfers of observers at sea are accomplished 
in a safe manner, via small boat or raft, during daylight hours if 
feasible, as weather and sea conditions allow, and with the agreement of 
the observer involved;
    (iii) Allowing the observer access to all areas of the vessel 
necessary to conduct observer duties;
    (iv) Allowing the observer access to communications equipment and 
navigation equipment, when available on the vessel, as necessary to 
perform observer duties;
    (v) Providing true vessel locations by latitude and longitude, 
accurate to the minute, or by loran coordinates, upon request by the 
observer;
    (vi) Sampling, retaining, and storing of marine mammal specimens, 
other protected species specimens, or target or non-target catch 
specimens, upon request by NMFS personnel, designated contractors, or 
the observer, if adequate facilities are available and if feasible;
    (vii) Notifying the observer in a timely fashion of when all 
commercial fishing operations are to begin and end;
    (viii) Not impairing or in any way interfering with the research or 
observations being carried out; and
    (ix) Complying with other guidelines or regulations that NMFS may 
develop to ensure the effective deployment and use of observers.
    (5) Marine mammals or other specimens identified in paragraph 
(c)(4)(vi) of this section, which are readily accessible to crew 
members, must be brought on board the vessel and retained for the 
purposes of scientific research if feasible and requested by NMFS 
personnel, designated contractors, or the observer. Specimens so 
collected and retained must, upon request by NMFS personnel, designated 
contractors, or the observer, be retained in cold storage on board the 
vessel, if feasible, until removed at the request of NMFS personnel, 
designated contractors, or the observer, retrieved by authorized 
personnel of NMFS, or released by the observer for return to the ocean. 
These biological specimens may be transported on board the vessel during 
the fishing trip and back to port under this authorization.
    (d) Observer requirements for participants in Category III 
fisheries. (1) The Assistant Administrator may place observers on 
Category III vessels if the Assistant Administrator:
    (i) Believes that the incidental mortality and serious injury of 
marine mammals from such fishery may be contributing to the immediate 
and significant adverse impact on a species or stock listed as a 
threatened species or endangered species under the Endangered Species 
Act of 1973 (16 U.S.C. 1531 et seq.); and
    (ii) Has complied with Sec. 229.9(a)(3)(i) and (ii); or
    (iii) Has the consent of the vessel owner.
    (2) If an observer is placed on a Category III vessel, the vessel 
owner and/or operator must comply with the requirements of Sec. 
229.7(c).
    (e) Alternative observer program. The Assistant Administrator may 
establish an alternative observer program to

[[Page 857]]

provide statistically reliable information on the species and number of 
marine mammals incidentally taken in the course of commercial fishing 
operations. The alternative observer program may include direct 
observation of fishing activities from vessels, airplanes, or points on 
shore.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]



Sec. 229.8  Publication of List of Fisheries.

    (a) The Assistant Administrator will publish in the Federal Register 
a proposed revised List of Fisheries on or about July 1 of each year for 
the purpose of receiving public comment. Each year, on or about October 
1, the Assistant Administrator will publish a final revised List of 
Fisheries, which will become effective January 1 of the next calendar 
year.
    (b) The proposed and final revised List of Fisheries will:
    (1) Categorize each commercial fishery based on the definitions of 
Category I, II, and III fisheries set forth in Sec. 229.2; and
    (2) List the marine mammals that have been incidentally injured or 
killed by commercial fishing operations and the estimated number of 
vessels or persons involved in each commercial fishery.
    (c) The Assistant Administrator may publish a revised List of 
Fisheries at other times, after notification and opportunity for public 
comment.
    (d) The revised final List of Fisheries will become effective no 
sooner than 30 days after publication in the Federal Register.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]



Sec. 229.9  Emergency regulations.

    (a) If the Assistant Administrator finds that the incidental 
mortality or serious injury of marine mammals from commercial fisheries 
is having, or is likely to have, an immediate and significant adverse 
impact on a stock or species, the Assistant Administrator will:
    (1) In the case of a stock or species for which a take reduction 
plan is in effect--
    (i) Prescribe emergency regulations that, consistent with such plan 
to the maximum extent practicable, reduce incidental mortality and 
serious injury in that fishery; and
    (ii) Approve and implement on an expedited basis, any amendments to 
such plan that are recommended by the Take Reduction Team to address 
such adverse impact;
    (2) In the case of a stock or species for which a take reduction 
plan is being developed--
    (i) Prescribe emergency regulations to reduce such incidental 
mortality and serious injury in that fishery; and
    (ii) Approve and implement, on an expedited basis, such plan, which 
will provide methods to address such adverse impact if still necessary;
    (3) In the case of a stock or species for which a take reduction 
plan does not exist and is not being developed, or in the case of a 
Category III fishery that the Assistant Administrator believes may be 
contributing to such adverse impact,
    (i) Prescribe emergency regulations to reduce such incidental 
mortality and serious injury in that fishery, to the extent necessary to 
mitigate such adverse impact;
    (ii) Immediately review the stock assessment for such stock or 
species and the classification of such commercial fishery under this 
section to determine if a take reduction team should be established and 
if recategorization of the fishery is warranted; and
    (iii) Where necessary to address such adverse impact on a species or 
stock listed as a threatened species or endangered species under the 
Endangered Species Act (16 U.S.C. 1531 et seq.), place observers on 
vessels in a Category III fishery if the Assistant Administrator has 
reason to believe such vessels may be causing the incidental mortality 
and serious injury to marine mammals from such stock.
    (b) Prior to taking any action under Sec. 229.9(a)(1) through (3), 
the Assistant Administrator will consult with the Marine Mammal 
Commission, all appropriate Regional Fishery Management Councils, state 
fishery managers, and the appropriate take reduction team, if 
established.

[[Page 858]]

    (c) Any emergency regulations issued under this section:
    (1) Shall be published in the Federal Register and will remain in 
effect for no more than 180 days or until the end of the applicable 
commercial fishing season, whichever is earlier, except as provided in 
paragraph (d) of this section; and
    (2) May be terminated by notification in the Federal Register at an 
earlier date if the Assistant Administrator determines that the reasons 
for the emergency regulations no longer exist.
    (d) If the Assistant Administrator finds that incidental mortality 
and serious injury of marine mammals in a commercial fishery is 
continuing to have an immediate and significant adverse impact on a 
stock or species, the Assistant Administrator may extend the emergency 
regulations for an additional period of not more than 90 days or until 
reasons for the emergency regulations no longer exist, whichever is 
earlier.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9087, Feb. 24, 1999]



Sec. 229.10  Penalties.

    (a) Except as provided for in paragraphs (b) and (c) of this 
section, any person who violates any regulation under this part or any 
provision of section 118 of the MMPA shall be subject to all penalties 
set forth in the Act.
    (b) The owner or master of a vessel that fails to comply with a take 
reduction plan shall be subject to the penalties of sections 105 and 107 
of the Act, and may be subject to the penalties of section 106 of the 
Act.
    (c) The owner of a vessel engaged in a Category I or II fishery who 
fails to ensure that a decal, or other physical evidence of such 
authorization issued by NMFS, is displayed on the vessel or is in 
possession of the operator of the vessel shall be subject to a penalty 
of not more than $100.
    (d) Failure to comply with take reduction plans or emergency 
regulations issued under this part may result in suspension or 
revocation of an Authorization Certificate, and failure to comply with a 
take reduction plan or emergency regulation is also subject to the 
penalties of sections 105 and 107 of the Act, and may be subject to the 
penalties of section 106 of the Act.
    (e) For fishers operating in Category I or II fisheries, failure to 
report all incidental injuries and mortalities within 48 hours of the 
end of each fishing trip, or failure to comply with requirements to 
carry an observer, will subject such persons to the penalties of 
sections 105 and 107 and may subject them to the penalties of section 
106 of the Act, which will result in suspension, revocation, or denial 
of an Authorization Certificate until such requirements have been 
fulfilled.
    (f) For fishers operating in Category III fisheries, failure to 
report all incidental injuries and mortalities within 48 hours of the 
end of each fishing trip will subject such persons to the penalties of 
sections 105 and 107, and may subject them to section 106, of the Act.
    (g) Suspension, revocation or denial of Authorization Certificates. 
(1) Until the Authorization Certificate holder complies with the 
regulations under this part, the Assistant Administrator shall suspend 
or revoke an Authorization Certificate or deny an annual renewal of an 
Authorization Certificate in accordance with the provisions in 15 CFR 
part 904 if the Authorization Certificate holder fails to report all 
incidental mortality and injury of marine mammals as required under 
Sec. 229.6; or fails to take aboard an observer if requested by NMFS or 
its designated contractors.
    (2) The Assistant Administrator may suspend or revoke an 
Authorization Certificate or deny an annual renewal of an Authorization 
Certificate in accordance with the provisions in 15 CFR part 904 if the 
Authorization Certificate holder fails to comply with any applicable 
take reduction plan, take reduction regulations, or emergency 
regulations developed under this subpart or subparts B and C of this 
part or if the Authorization Certificate holder fails to comply with 
other requirements of these regulations;
    (3) A suspended Authorization Certificate may be reinstated at any 
time at the discretion of the Assistant Administrator provided the 
Assistant Administrator has determined that the reasons for the 
suspension no longer

[[Page 859]]

apply or corrective actions have been taken.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9088, Feb. 24, 1999]



Sec. 229.11  Confidential fisheries data.

    (a) Proprietary information collected under this part is 
confidential and includes information, the unauthorized disclosure of 
which could be prejudicial or harmful, such as information or data that 
are identifiable with an individual fisher. Proprietary information 
obtained under part 229 will not be disclosed, in accordance with NOAA 
Administrative Order 216-100, except:
    (1) To Federal employees whose duties require access to such 
information;
    (2) To state employees under an agreement with NMFS that prevents 
public disclosure of the identity or business of any person;
    (3) When required by court order; or
    (4) In the case of scientific information involving fisheries, to 
employees of Regional Fishery Management Councils who are responsible 
for fishery management plan development and monitoring.
    (5) To other individuals or organizations authorized by the 
Assistant Administrator to analyze this information, so long as the 
confidentiality of individual fishers is not revealed.
    (b) Information will be made available to the public in aggregate, 
summary, or other such form that does not disclose the identity or 
business of any person in accordance with NOAA Administrative Order 216-
100. Aggregate or summary form means data structured so that the 
identity of the submitter cannot be determined either from the present 
release of the data or in combination with other releases.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9088, Feb. 24, 1999]



Sec. 229.12  Consultation with the Secretary of the Interior.

    The Assistant Administrator will consult with the Secretary of the 
Interior prior to taking actions or making determinations under this 
part that affect or relate to species or population stocks of marine 
mammals for which the Secretary of the Interior is responsible under the 
Act.



       Subpart B_Takes of Endangered and Threatened Marine Mammals



Sec. 229.20  Issuance of permits.

    (a) Determinations. During a period of up to 3 consecutive years, 
NMFS will allow the incidental, but not the intentional, taking by 
persons using vessels of the United States or foreign vessels that have 
valid fishing permits issued by the Assistant Administrator in 
accordance with section 204(b) of the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1824(b)), while engaging in commercial fishing 
operations, of marine mammals from a species or stock designated as 
depleted because of its listing as an endangered species or threatened 
species under the Endangered Species Act of 1973 if the Assistant 
Administrator determines that:
    (1) The incidental mortality and serious injury from commercial 
fisheries will have a negligible impact on such species or stock;
    (2) A recovery plan has been developed or is being developed for 
such species or stock pursuant to the Endangered Species Act of 1973; 
and
    (3) Where required under regulations in subpart A of this part:
    (i) A monitoring program has been established under Sec. 229.7;
    (ii) Vessels engaged in such fisheries are registered in accordance 
with Sec. 229.4; and
    (iii) A take reduction plan has been developed or is being developed 
for such species or stock in accordance with regulations at subpart C of 
this part.
    (b) Procedures for making determinations. In making any of the 
determinations listed in paragraph (a) of this section, the Assistant 
Administrator will publish an announcement in the Federal Register of 
fisheries having takes of marine mammals listed under the Endangered 
Species Act, including a summary of available information regarding the 
fisheries interactions with listed species. Any interested party may, 
within 45 days of such publication, submit to the Assistant 
Administrator written data or views with respect to the listed 
fisheries. As soon as practicable after the end of the 45 days

[[Page 860]]

following publication, NMFS will publish in the Federal Register a list 
of the fisheries for which the determinations listed in paragraph (a) of 
this section have been made. This publication will set forth a summary 
of the information used to make the determinations.
    (c) Issuance of authorization. The Assistant Administrator will 
issue appropriate permits for vessels in fisheries that are required to 
register under Sec. 229.4 and for which determinations under the 
procedures of paragraph (b) of this section can be made.
    (d) Category III fisheries. Vessel owners engaged only in Category 
III fisheries for which determinations are made under the procedures of 
paragraph (b) of this section will not be subject to the penalties of 
this Act for the incidental taking of marine mammals to which this 
subpart applies, as long as the vessel owner or operator of such vessel 
reports any incidental mortality or injury of such marine mammals in 
accordance with the requirements of Sec. 229.6.
    (e) Emergency authority. During the course of the commercial fishing 
season, if the Assistant Administrator determines that the level of 
incidental mortality or serious injury from commercial fisheries for 
which such a determination was made under this section has resulted or 
is likely to result in an impact that is more than negligible on the 
endangered or threatened species or stock, the Assistant Administrator 
will use the emergency authority of Sec. 229.9 to protect such species 
or stock, and may modify any permit granted under this paragraph as 
necessary.
    (f) Suspension, revocation, modification and amendment. The 
Assistant Administrator may, pursuant to the provisions of 15 CFR part 
904, suspend or revoke a permit granted under this section if the 
Assistant Administrator determines that the conditions or limitations 
set forth in such permit are not being complied with. The Assistant 
Administrator may amend or modify, after notification and opportunity 
for public comment, the list of fisheries published in accordance with 
paragraph (b) of this section whenever the Assistant Administrator 
determines there has been a significant change in the information or 
conditions used to determine such a list.
    (g) Southern sea otters. This subpart does not apply to the taking 
of Southern (California) sea otters.

[60 FR 45100, Aug. 30, 1995, as amended at 64 FR 9088, Feb. 24, 1999]



   Subpart C_Take Reduction Plan Regulations and Emergency Regulations



Sec. 229.30  Basis.

    Section 118(f)(9) of the Act authorizes the Director, NMFS, to 
impose regulations governing commercial fishing operations, when 
necessary, to implement a take reduction plan in order to protect or 
restore a marine mammal stock or species covered by such a plan.

[64 FR 9088, Feb. 24, 1999]



Sec. 229.31  Pacific Offshore Cetacean Take Reduction Plan.

    (a) Purpose and scope. The purpose of this section is to implement 
the Pacific Offshore Cetacean Take Reduction Plan. Paragraphs (b) 
through (d) of this section apply to all U.S. drift gillnet fishing 
vessels operating in waters seaward of the coast of California or 
Oregon, including adjacent high seas waters. For purposes of this 
section, the fishing season is defined as beginning May 1 and ending on 
January 31 of the following year.
    (b) Extenders. An extender is a line that attaches a buoy (float) to 
a drift gillnet's floatline. The floatline is attached to the top of the 
drift gillnet. All extenders (buoy lines) must be at least 6 fathoms (36 
ft; 10.9 m) in length during all sets. Accordingly, all floatlines must 
be fished at a minimum of 36 feet (10.9 m) below the surface of the 
water.
    (c) Pingers. (1) For the purposes of this paragraph (c), a pinger is 
an acoustic deterrent device which, when immersed in water, broadcasts a 
10 kHz (2 kHz) sound at 132 dB (4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds 
(+15 milliseconds), and repeating every 4 seconds (+ .2 seconds); and 
remains operational to a water depth of at least 100 fathoms (600 ft or 
182.88 m).

[[Page 861]]

    (2) While at sea, operators of drift gillnet vessels with gillnets 
onboard must carry enough pingers on the vessel to meet the requirements 
set forth under paragraphs (c)(3) through(6) of this section.
    (3) Floatline. Pingers shall be attached within 30 ft (9.14 m) of 
the floatline and spaced no more than 300 ft (91.44 m) apart.
    (4) Leadline. Pingers shall be attached within 36 ft (10.97 m) of 
the leadline and spaced no more than 300 ft (91.44 m) apart.
    (5) Staggered Configuration. Pingers attached within 30 ft (9.14 m) 
of the floatline and within 36 ft (10.97 m) of the leadline shall be 
staggered such that the horizontal distance between them is no more than 
150 ft (45.5 m).
    (6) Any materials used to weight pingers must not change its 
specifications set forth under paragraph (c)(1) of this section.
    (7) The pingers must be operational and functioning at all times 
during deployment.
    (8) If requested, NMFS may authorize the use of pingers with 
specifications or pinger configurations differing from those set forth 
in paragraphs (c)(1) and (c)(3) of this section for limited, 
experimental purposes within a single fishing season.
    (d) Skipper education workshops. After notification from NMFS, 
vessel operators must attend a skipper education workshop before 
commencing fishing each fishing season. For the 1997/1998 fishing 
season, all vessel operators must have attended one skipper education 
workshop by October 30, 1997. NMFS may waive the requirement to attend 
these workshops by notice to all vessel operators.

[62 FR 51813, Oct. 3, 1997, as amended at 63 FR 27861, May 21, 1998; 64 
FR 3432, Jan. 22, 1999]



Sec. 229.32  Atlantic large whale take reduction plan regulations.

    (a)(1) Purpose and scope. The purpose of this section is to 
implement the Atlantic Large Whale Take Reduction Plan to reduce 
incidental mortality and serious injury of fin, humpback, and right 
whales in specific Category I and Category II commercial fisheries from 
Maine through Florida. The measures identified in the Atlantic Large 
Whale Take Reduction Plan are also intended to benefit minke whales, 
which are not designated as a strategic stock, but are known to be taken 
incidentally in gillnet and trap/pot fisheries. The gear types affected 
by this plan include gillnets (e.g., anchored, drift, and shark) and 
traps/pots.
    (2) Regulated waters. The regulations in this section apply to all 
U.S. waters in the Atlantic except for the areas exempted in paragraph 
(a)(3) of this section.
    (3) Exempted waters. (i) The regulations in this section do not 
apply to waters landward of the first bridge over any embayment, harbor, 
or inlet in Massachusetts.
    (ii) The regulations in this section do not apply to waters landward 
of the 72 COLREGS demarcation lines (International Regulations for 
Preventing Collisions at Sea, 1972), as depicted or noted on nautical 
charts published by the National Oceanic and Atmospheric Administration 
(Coast Charts 1:80,000 scale), and as described in 33 CFR part 80 with 
the exception of the COLREGS lines for Casco Bay (Maine), Portsmouth 
Harbor (New Hampshire), Gardiners Bay and Long Island Sound (New York), 
and the state of Massachusetts.
    (iii) Other exempted waters. The regulations in this section do not 
apply to waters landward of the following lines:

                                  Maine

    A line connecting the following points (Quoddy Narrows/U.S.-Canada 
border to Odiornes Pt., Portsmouth, New Hampshire):

44[deg]49.67[min] N. lat., 66[deg]57.77[min] W. long. (R N ``2'', Quoddy 
    Narrows)
44[deg]48.64[min] N. lat., 66[deg]56.43[min] W. long. (G ``1'' Whistle, 
    West Quoddy Head)
44[deg]47.36[min] N. lat., 66[deg]59.25[min] W. long. (R N ``2'', Morton 
    Ledge)
44[deg]45.51[min] N. lat., 67[deg]02.87[min] W. long. (R ``28M'' 
    Whistle, Baileys Mistake)
44[deg]37.70[min] N. lat., 67[deg]09.75[min] W. long. (Obstruction, 
    Southeast of Cutler)
44[deg]27.77[min] N. lat., 67[deg]32.86[min] W. long. (Freeman Rock, 
    East of Great Wass Island)
44[deg]25.74[min] N. lat., 67[deg]38.39[min] W. long. (R ``2SR'' Bell, 
    Seahorse Rock, West of Great Wass Island)

[[Page 862]]

44[deg]21.66[min] N. lat., 67[deg]51.78[min]' W. long. (R N ``2'', Petit 
    Manan Island)
44[deg]19.08[min] N. lat., 68[deg]02.05[min] W. long. (R ``2S'' Bell, 
    Schoodic Island)
44[deg]13.55[min] N. lat., 68[deg]10.71[min] W. long. (R ``8BI'' 
    Whistle, Baker Island)
44[deg]08.36[min] N. lat., 68[deg]14.75[min] W. long. (Southern Point, 
    Great Duck Island)
43[deg]59.36[min] N. lat., 68[deg]37.95[min] W. long. (R ``2'' Bell, 
    Roaring Bull Ledge, Isle Au Haut)
43[deg]59.83[min] N. lat., 68[deg]50.06[min]' W. long. (R ``2A'' Bell, 
    Old Horse Ledge)
43[deg]56.72[min] N. lat., 69[deg]04.89[min] W. long. (G ``5TB'' Bell, 
    Two Bush Channel)
43[deg]50.28[min] N. lat., 69[deg]18.86[min] W. long. (R ``2 OM'' 
    Whistle, Old Man Ledge)
43[deg]48.96[min] N. lat., 69[deg]31.15[min] W. long. (GR C ``PL'', 
    Pemaquid Ledge)
43[deg]43.64[min] N. lat., 69[deg]37.58[min] W. long. (R ``2BR'' Bell, 
    Bantam Rock)
43[deg]41.44[min] N. lat., 69[deg]45.27[min] W. long. (R ``20ML'' Bell, 
    Mile Ledge)
43[deg]36.04[min] N. lat., 70[deg]03.98[min] W. long. (RG N ``BS'', 
    Bulwark Shoal)
43[deg]31.94[min] N. lat., 70[deg]08.68[min] W. long. (G ``1'', East Hue 
    and Cry)
43[deg]27.63[min] N. lat., 70[deg]17.48[min] W. long. (RW ``WI'' 
    Whistle, Wood Island)
43[deg]20.23[min] N. lat., 70[deg]23.64[min] W. long. (RW ``CP'' 
    Whistle, Cape Porpoise)
43[deg]04.06[min] N. lat., 70[deg]36.70[min] W. long. (R N ``2MR'', 
    Murray Rock)
43[deg]02.93[min] N. lat., 70[deg]41.47[min] W. long. (R ``2KR'' 
    Whistle, Kittery Point)
43[deg]02.55[min] N. lat., 70[deg]43.33[min] W. long. (Odiornes Pt., 
    Portsmouth, New Hampshire)

                              New Hampshire

A line from 42[deg]53.691[min] N. lat., 70[deg]48.516[min] W. long. to 
    42[deg]53.516[min] N. lat., 70[deg]48.748[min] W. long. (Hampton 
    Harbor)
A line from 42[deg]59.986[min] N. lat., 70[deg]44.654[min] W. long. to 
    42[deg]59.956[min] N., 70[deg]44.737[min] W. long. (Rye Harbor)

                              Rhode Island

A line from 41[deg]22.441[min] N. lat., 71[deg]30.781[min] W. long. to 
    41[deg]22.447[min] N. lat., 71[deg]30.893[min] W. long. (Pt. Judith 
    Pond Inlet)
A line from 41[deg]21.310[min] N. lat., 71[deg]38.300[min] W. long. to 
    41[deg]21.300[min] N. lat., 71[deg]38.330[min] W. long. (Ninigret 
    Pond Inlet)
A line from 41[deg]19.875[min] N. lat., 71[deg]43.061[min] W. long. to 
    41[deg]19.879[min] N. lat., 71[deg]43.115[min] W. long. 
    (Quonochontaug Pond Inlet)
A line from 41[deg]19.660[min] N. lat., 71[deg]45.750[min] W. long. to 
    41[deg]19.660[min] N. lat., 71[deg]45.780[min] W. long. (Weekapaug 
    Pond Inlet)

                                New York

A line that follows the territorial sea baseline through Block Island 
    Sound (Watch Hill Point, RI, to Montauk Point, NY)

                             South Carolina

A line from 32[deg]34.717[min] N. lat., 80[deg]08.565[min] W. long. to 
    32[deg]34.686[min] N. lat., 80[deg]08.642[min] W. long. (Captain 
    Sams Inlet)

    (4) Sinking groundline exemption. The fisheries regulated under this 
section are exempt from the requirement to have groundlines composed of 
sinking line if their groundline is at a depth equal to or greater than 
280 fathoms (1,680 ft or 512.1 m) (as shown on NOAA charts 13200 
(Georges Bank and Nantucket Shoals, 1:400,000), 12300 (NY Approaches - 
Nantucket Shoals to Five Fathom Bank, 1:400,000), 12200 (Cape May to 
Cape Hatteras, 1:419,706), 11520 (Cape Hatteras to Charleston, 
1:432,720), 11480 (Charleston Light to Cape Canaveral, 1:449,659) and 
11460(Cape Canaveral to Key West, 1:466,940)).
    (5) Net panel weak link and anchoring exemption. The anchored 
gillnet fisheries regulated under this section are exempt from the 
requirement to install weak links in the net panel and anchor each end 
of the net string if the float-line is at a depth equal to or greater 
than 280 fathoms (1,680 ft or 512.1 m) (as shown on NOAA charts 13200 
(Georges Bank and Nantucket Shoals, 1:400,000), 12300 (NY Approaches--
Nantucket Shoals to Five Fathom Bank, 1:400,000), 12200 (Cape May to 
Cape Hatteras, 1:419,706), 11520 (Cape Hatteras to Charleston, 
1:432,720), 11480 (Charleston Light to Cape Canaveral, 1:449,659) and 
11460(Cape Canaveral to Key West, 1:466,940)).
    (b) Gear marking requirements. (1) Specified gear consists of trap/
pot gear and gillnet gear set in specified areas.
    (2) Specified areas. The following areas are specified for gear 
marking purposes: Northern Inshore State Trap/Pot Waters, Cape Cod Bay 
Restricted Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, 
Northern Nearshore Trap/Pot Waters Area, Great South

[[Page 863]]

Channel Restricted Trap/Pot Area, Great South Channel Restricted Gillnet 
Area, Great South Channel Sliver Restricted Area, Southern Nearshore 
Trap/Pot Waters Area, Offshore Trap/Pot Waters Area, Other Northeast 
Gillnet Waters Area, Mid/South Atlantic Gillnet Waters Area, Other 
Southeast Gillnet Waters Area, Southeast U.S. Restricted Area, and 
Southeast U.S. Monitoring Area.
    (i) Requirements for Shark Gillnet Gear in the Southeast U.S. 
Restricted Area S, Southeast U.S. Monitoring Area and Other Southeast 
Gillnet Waters--(A) Color code. Shark gillnet gear (i.e., gillnet gear 
for shark with webbing of 5 inches (12.7 cm) or greater stretched mesh) 
in the Southeast U.S. Restricted Area S, Southeast U.S. Monitoring Area, 
and Other Southeast Gillnet Waters must be marked with the appropriate 
color code to designate gear types and areas as follows:
    (1) Gear type code. Shark gillnet gear must be marked with a green 
marking.
    (2) Area code. Shark gillnet gear set in the Southeast U.S. 
Restricted Area S, Southeast U.S. Monitoring Area, and Other Southeast 
Gillnet Waters must be marked with a blue marking.
    (B) Markings. All specified gear in specified areas must be marked 
with two color codes, one designating the gear type, the other 
indicating the area where the gear is set. Each color of the two-color 
code must be permanently marked on or along the line or lines specified 
below under paragraphs (b)(2)(i)(C) and (D) of this section. Each color 
mark of the color codes must be clearly visible when the gear is hauled 
or removed from the water. Each mark must be at least 4 inches (10.2 cm) 
long. The two color marks must be placed within 6 inches (15.2 cm) of 
each other. If the color of the rope is the same as or similar to a 
color code, a white mark may be substituted for that color code. In 
marking or affixing the color code, the line may be dyed, painted, or 
marked with thin colored whipping line, thin colored plastic, or heat-
shrink tubing, or other material; or a thin line may be woven into or 
through the line; or the line may be marked as approved in writing by 
the Assistant Administrator. A brochure illustrating the techniques for 
marking gear is available from the Regional Administrator, NMFS, 
Northeast Region upon request.
    (C) Buoy line markings. All buoy lines greater than 4 feet (1.22 m) 
long must be marked within 2 feet (0.6 m) of the top of the buoy line 
(closest to the surface) and midway along the length of the buoy line.
    (D) Net panel markings. Each gillnet net panel must be marked along 
both the floatline and the leadline at least once every 100 yards (91.4 
m), unless otherwise required by the Assistant Administrator under 
paragraph (i) of this section.
    (ii) Requirements for other specified areas. Any person who owns or 
fishes with specified gear in the other specified areas must mark that 
gear in accordance with paragraphs (b)(2)(ii)(A), (b)(2)(ii)(B), and 
(b)(2)(iii) of this section, unless otherwise required by the Assistant 
Administrator under paragraph (i) of this section.
    (A) Color code. Specified gear must be marked with the appropriate 
colors to designate gear-types and areas as follows:
    (1) Trap/pot gear in the Northern Inshore State Trap/Pot Waters 
Area, the Cape Cod Bay Restricted Area, the Stellwagen Bank/Jeffreys 
Ledge Restricted Area, the Great South Channel Restricted Trap/Pot Area 
where it overlaps with Lobster Management Area (LMA) 2 and the Outer 
Cape LMA (as defined in the American Lobster Fishery regulations in 50 
CFR 697.18), and the Northern Nearshore Trap/Pot Waters Area must be 
marked with a red marking.
    (2) Trap/pot gear in the Southern Nearshore Trap/Pot Waters Area 
must be marked with an orange marking.
    (3) Trap/pot gear in the Great South Channel Restricted Trap/Pot 
Area where it overlaps with LMA \2/3\ Overlap and LMA 3 (as defined in 
the American Lobster Fishery regulations in 50 CFR 697.18), and the 
Offshore Trap/Pot Waters Area must be marked with a black marking.
    (4) Anchored and drift gillnet gear in the Cape Cod Bay Restricted 
Area, Stellwagen Bank/Jeffreys Ledge Restricted Area, Great South 
Channel Restricted Gillnet Area, Great South Channel Sliver Restricted 
Area, and

[[Page 864]]

Other Northeast Gillnet Waters Area must be marked with a green marking.
    (5) Anchored and drift gillnet gear in the Mid/South Atlantic 
Gillnet Waters Area must be marked with a blue marking.
    (6) Gillnet gear (except gillnet gear for shark with webbing of 5 
inches (12.7 cm) or greater stretched mesh) in the Southeast U.S. 
Restricted Area S and Other Southeast Gillnet Waters must be marked with 
a yellow marking.
    (B) Markings. All specified gear in specified areas must be marked 
with one color code described in paragraph (b)(2)(ii)(A) of this section 
(which indicates the gear type and general area where the gear is set). 
Each color code must be permanently affixed on or along the line or 
lines. Each color code must be clearly visible when the gear is hauled 
or removed from the water. Each mark must be at least 4 inches (10.2 cm) 
long and be placed midway on the buoy line in the water column. If the 
color of the rope is the same as or similar to a color code, a white 
mark may be substituted for that color code. In marking or affixing the 
color code, the line may be dyed, painted, or marked with thin colored 
whipping line, thin colored plastic, or heat-shrink tubing, or other 
material; or a thin line may be woven into or through the line; or the 
line may be marked as approved in writing by the Assistant 
Administrator. A brochure illustrating the techniques for marking gear 
is available from the Regional Administrator, NMFS, Northeast Region 
upon request.
    (iii) Requirements for all specified areas--(A) Surface buoy 
markings. Trap/pot and gillnet gear regulated under this section must 
mark all surface buoys to identify the vessel or fishery with one of the 
following: The owner's motorboat registration number, the owner's U.S. 
vessel documentation number, the federal commercial fishing permit 
number, or whatever positive identification marking is required by the 
vessel's home-port state. When marking of surface buoys is not already 
required by state or federal regulations, the letters and numbers used 
to mark the gear to identify the vessel or fishery must be at least 1 
inch (2.5 cm) in height in block letters or arabic numbers in a color 
that contrasts with the background color of the buoy. A brochure 
illustrating the techniques for marking gear is available upon from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (3) Changes to requirements. If the Assistant Administrator revises 
the gear marking requirements in accordance with paragraph (i) of this 
section, the gear must be marked in compliance with those requirements.
    (c) Restrictions applicable to trap/pot gear in regulated waters--
(1) Universal trap/pot gear requirements. In addition to the area-
specific measures listed in paragraphs (c)(2) through (c)(9) of this 
section, all trap/pot gear in regulated waters, including the Northern 
Inshore State Trap/Pot Waters Area, must comply with the universal gear 
requirements listed here.\1\ The Assistant Administrator may revise 
these requirements in accordance with paragraph (i) of this section.
---------------------------------------------------------------------------

    \1\ Fishermen are also encouraged to maintain their buoy lines to be 
as knot-free as possible. Splices are considered to be less of an 
entanglement threat and are thus preferable to knots.
---------------------------------------------------------------------------

    (i) No buoy line floating at the surface. No person or vessel may 
fish with trap/pot gear that has any portion of the buoy line floating 
at the surface at any time when the buoy line is directly connected to 
the gear at the ocean bottom. If more than one buoy is attached to a 
single buoy line or if a high flyer and a buoy are used together on a 
single buoy line, floating line may be used between these objects.
    (ii) No wet storage of gear. Trap/pot gear must be hauled out of the 
water at least once every 30 days.
    (2) Cape Cod Bay Restricted Area--(i) Area. The Cape Cod Bay 
restricted area consists of the Cape Cod Bay right whale critical 
habitat area specified under 50 CFR 226.203(b) unless the Assistant 
Administrator changes that area in accordance with paragraph (i) of this 
section.
    (ii) Area-specific gear or vessel requirements during the winter 
restricted period. No person or vessel may fish with or possess trap/pot 
gear in the Cape Cod Bay Restricted Area during the winter

[[Page 865]]

restricted period unless that gear complies with the gear marking 
requirements specified in paragraph (b) of this section, the universal 
trap/pot gear requirements specified in paragraph (c)(1) of this 
section, and the area-specific requirements listed below for the winter 
restricted period, or unless the gear is stowed as specified in Sec. 
229.2. The Assistant Administrator may revise these requirements in 
accordance with paragraph (i) of this section.
    (A) Winter restricted period. The winter restricted period for the 
Cape Cod Bay Restricted Area is from January 1 through May 15 of each 
year unless the Assistant Administrator changes this period in 
accordance with paragraph (i) of this section.
    (B) Buoy line weak links. All buoys, flotation devices and/or 
weights (except traps/pots, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible and that meets the following specifications:
    (1) The breaking strength of the weak links must not exceed 500 lb 
(226.8 kg).
    (2) The weak link must be chosen from the following list approved by 
NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (C) Single traps and multiple-trap trawls. Single traps and three-
trap trawls are prohibited. All traps must be set in either a two-trap 
string or in a trawl of four or more traps. A two-trap string must have 
no more than one buoy line.
    (D) Buoy lines. All buoy lines must be composed of sinking line 
except the bottom portion of the line, which may be a section of 
floating line not to exceed one-third the overall length of the buoy 
line.
    (E) Groundlines. All groundlines must be composed entirely of 
sinking line. The attachment of buoys, toggles, or other floatation 
devices to groundlines is prohibited.
    (iii) Area-specific gear or vessel requirements for the other 
restricted period. No person or vessel may fish with or possess trap/pot 
gear in the Cape Cod Bay Restricted Area during the other restricted 
period unless that gear complies with the gear marking requirements 
specified in paragraph (b) of this section and the universal trap/pot 
gear requirements specified in paragraph (c)(1) of this section as well 
as the area-specific requirements listed below for the other restricted 
period, or unless the gear is stowed as specified in Sec. 229.2. The 
Assistant Administrator may revise these requirements in accordance with 
paragraph (i) of this section.
    (A) Other restricted period. The other restricted period for the 
Cape Cod Bay Restricted Area is from May 16 through December 31 of each 
year unless the Assistant Administrator revises this period in 
accordance with paragraph (i) of this section.
    (B) Gear and vessel requirements--(1) State-water portion. No person 
or vessel may fish with or possess trap/pot gear in the state-water 
portion of the Cape Cod Bay Restricted Area during the other restricted 
period unless that gear complies with the requirements for the Northern 
Inshore State Trap/Pot Waters Area listed in paragraph (c)(6) of this 
section, or unless the gear is stowed as specified in Sec. 229.2. The 
Assistant Administrator may revise these requirements in accordance with 
paragraph (i) of this section.
    (2) Federal-water portion. No person or vessel may fish with or 
possess trap/pot gear in the Federal-water portion of the Cape Cod Bay 
Restricted Area during the other restricted period unless that gear 
complies with the requirements for the Northern Nearshore Trap/Pot 
Waters Area in paragraph (c)(7) of this section, or unless the gear

[[Page 866]]

is stowed as specified in Sec. 229.2. The Assistant Administrator may 
revise these requirements in accordance with paragraph (i) of this 
section.
    (3) Great South Channel Restricted Trap/Pot Area--(i) Area. The 
Great South Channel Restricted Trap/Pot Area consists of the Great South 
Channel right whale critical habitat area specified under 50 CFR 
226.203(a) unless the Assistant Administrator changes that area in 
accordance with paragraph (i) of this section.
    (ii) Closure during the spring restricted period. The spring 
restricted period for the Great South Channel Restricted Trap/Pot Area 
is from April 1 through June 30 of each year unless the Assistant 
Administrator revises this period in accordance with paragraph (i) of 
this section. During the spring restricted period, no person or vessel 
may fish with, set, or possess trap/pot gear in this Area unless the 
Assistant Administrator specifies gear modifications or alternative 
fishing practices in accordance with paragraph (i) of this section and 
the gear or practices comply with those specifications, or unless the 
gear is stowed as specified in Sec. 229.2.
    (iii) Area-specific gear or vessel requirements for the other 
restricted period. The other restricted period for the Great South 
Channel Restricted Trap/Pot Area is July 1 through March 31, unless the 
Assistant Administrator revises this period in accordance with paragraph 
(i) of this section. During the other restricted period, no person or 
vessel may fish with or possess trap/pot gear in the Great South Channel 
Restricted Trap/Pot Area unless that gear complies with the gear marking 
requirements specified in paragraph (b) of this section, and the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, or unless the gear is stowed as specified in Sec. 229.2. 
Additionally, no person or vessel may fish with or possess trap/pot gear 
in the Great South Channel Restricted Trap/Pot Area unless that gear 
complies with the requirements listed for Northern Nearshore Trap/Pot 
Waters Area in paragraph (c)(7) of this section where the Great South 
Channel Restricted Trap/Pot Area overlaps with Lobster Management Area 
(LMA) 2 and the Outer Cape LMA (as defined in the American Lobster 
Fishery regulations in 50 CFR 697.18); the requirements listed for 
Offshore Trap/Pot Waters in paragraph (c)(5) of this section where the 
Great South Channel Restricted Trap/Pot Area overlaps with LMA 2/3 
Overlap and LMA 3 (as defined in the American Lobster Fishery 
regulations in 50 CFR 697.18); or unless the gear is stowed as specified 
in Sec. 229.2. The Assistant Administrator may revise these 
requirements in accordance with paragraph (i) of this section.
    (4) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated as right whale 
critical habitat under 50 CFR 226.203(b), that lie south of 
43[deg]15[min] N. lat. and west of 70[deg]00[min] W. long. The Assistant 
Administrator may change that area in accordance with paragraph (i) of 
this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess trap/pot gear in the Stellwagen Bank/
Jeffreys Ledge Restricted Area unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, and the requirements listed for the Northern Nearshore 
Trap/Pot Waters Area specified in paragraph (c)(7) of this section, or 
unless the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (5) Offshore Trap/Pot \2\ Waters Area--(i) Area. The Offshore Trap/
Pot Waters Area includes all Federal waters of the EEZ Offshore 
Management Area 3 (including the area known as the Area \2/3\ Overlap 
and Area \3/5\ Overlap as defined in the American Lobster Fishery 
regulations at 50 CFR 697.18, with the exception of the Great South 
Channel Restricted Trap/Pot Area), and extending south along the 100-
fathom (600-ft or 182.9-m) depth contour from 35[deg]30[min] N. lat. 
south to 27[deg]51[min] N. lat., and east to

[[Page 867]]

the eastern edge of the EEZ. The Assistant Administrator may revise 
these requirements in accordance with paragraph (i) of this section.
---------------------------------------------------------------------------

    \2\ Fishermen using red crab trap/pot gear should refer to Sec. 
229.32(c)(9) for the restrictions applicable to red crab trap/pot 
fishery.
---------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess trap/pot gear in the Offshore Trap/
Pot Waters Area that overlaps an area from the U.S./Canada border south 
to a straight line from 41[deg]18.2[min] N. lat., 71[deg]51.5[min] W. 
long. (Watch Hill Point, RI) south to 40[deg]00[min] N. lat., and then 
east to the eastern edge of the EEZ, unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
the universal trap/pot gear requirements specified in paragraph (c)(1) 
of this section, and the area-specific requirements listed below, or 
unless the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except traps/pots, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible and that meets the following specifications:
    (1) The weak link must be chosen from the following list approved by 
NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links may not exceed 1,500 lb 
(680.4 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before April 5, 2009, all groundlines must be 
composed entirely of sinking line unless exempted from this requirement 
under paragraph (a)(4) of this section. The attachment of buoys, 
toggles, or other flotation devices to groundlines is prohibited.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
trap/pot gear in the Offshore Trap/Pot Waters Area that overlaps an area 
bounded on the north by a straight line from 41[deg]18.2[min] N. lat., 
71[deg]51.5[min] W. long. (Watch Hill Point, RI) south to 40[deg]00[min] 
N. lat. and then east to the eastern edge of the EEZ, and bounded on the 
south by a line at 32[deg]00[min] N. lat., and east to the eastern edge 
of the EEZ, unless that gear complies with the gear marking requirements 
specified in paragraph (b) of this section, the universal trap/pot gear 
requirements specified in paragraph (c)(1) of this section, the area-
specific requirements specified in paragraphs (c)(5)(ii)(A) and 
(c)(5)(ii)(B) of this section, or unless the gear is stowed as specified 
in Sec. 229.2. The Assistant Administrator may revise that period and 
these requirements in accordance with paragraph (i) of this section.
    (iv) Seasonal area-specific gear or vessel requirements. From 
November 15 to April 15, no person or vessel may fish with or possess 
trap/pot gear in the Offshore Trap/Pot Waters Area that overlaps an area 
from 32[deg]00[min] N. lat. south to 29[deg]00[min] N. lat. and east to 
the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, and the area-specific requirements specified in paragraphs 
(c)(5)(ii)(A) and (c)(5)(ii)(B) of this section, or unless the gear is 
stowed as specified in Sec. 229.2. The Assistant Administrator may 
revise that period and these requirements in accordance with paragraph 
(i) of this section.
    (v) Seasonal area-specific gear or vessel requirements. From 
December 1 to March 31, no person or vessel may fish with or possess 
trap/pot gear in the Offshore Trap/Pot Waters Area that overlaps an area 
from 29[deg]00[min] N. lat. south to 27[deg]51[min] N. lat. and east to 
the eastern

[[Page 868]]

edge of the EEZ, unless that gear complies with the gear marking 
requirements specified in paragraph (b) of this section, the universal 
trap/pot gear requirements specified in (c)(1) of this section, and the 
area-specific requirements specified in paragraphs (c)(5)(ii)(A) and 
(c)(5)(ii)(B) of this section, or unless the gear is stowed as specified 
in Sec. 229.2. The Assistant Administrator may revise this period and 
these requirements in accordance with paragraph (i) of this section.
    (vi) [Reserved]
    (6) Northern Inshore State Trap/Pot Waters Area--(i) Area. The 
Northern Inshore State Trap/Pot Waters Area includes the state waters of 
Rhode Island, Massachusetts, New Hampshire, and Maine, with the 
exception of Cape Cod Bay Restricted Area and those waters exempted 
under paragraph (a)(3) of this section. The Assistant Administrator may 
change that area in accordance with paragraph (i) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess trap/pot gear in the Northern Inshore 
State Trap/Pot Waters Area unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, and the area-specific requirements listed below, or unless 
the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except traps/pots, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible and that meets the following specifications:
    (1) The weak link must be chosen from the following list approved by 
NMFS: swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links may not exceed 600 lb 
(272.2 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before April 5, 2009, all groundlines must be 
composed entirely of sinking line unless exempted for this requirement 
under paragraph (a)(4) of this section. The attachment of buoys, 
toggles, or other flotation devices to groundlines is prohibited.
    (C) [Reserved]
    (7) Northern Nearshore Trap/Pot Waters Area--(i) Area. The Northern 
Nearshore Trap/Pot Waters Area includes all Federal waters of EEZ 
Nearshore Management Area 1, Area 2, and the Outer Cape Lobster 
Management Area (as defined in the American Lobster Fishery regulations 
at 50 CFR 697.18), with the exception of the Great South Channel 
Restricted Trap/Pot Area, Cape Cod Bay Restricted Area, Stellwagen Bank/
Jeffreys Ledge Restricted Area and those waters exempted under paragraph 
(a)(3) of this section. The Assistant Administrator may change that area 
in accordance with paragraph (i) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess trap/pot gear in the Northern 
Nearshore Trap/Pot Waters Area unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements specified in paragraph (c)(1) of 
this section, and the area-specific requirements listed below, or unless 
the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except traps/pots, anchors, and leadline

[[Page 869]]

woven into the buoy line), such as surface buoys, high flyers, sub-
surface buoys, toggles, window weights, etc., must be attached to the 
buoy line with a weak link placed as close to each individual buoy, 
flotation device and/or weight as operationally feasible and that meets 
the following specifications:
    (1) The weak link must be chosen from the following list approved by 
NMFS: swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links must not exceed 600 lb 
(272.2 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Single traps and multiple-trap trawls. Single traps are 
prohibited. All traps must be set in trawls of two or more traps. All 
trawls up to and including five traps must have no more than one buoy 
line.
    (C) Groundlines. On or before April 5, 2009, all groundlines must be 
composed entirely of sinking line unless exempted from this requirement 
under paragraph (a)(4) of this section. The attachment of buoys, 
toggles, or other floatation devices to groundlines is prohibited.
    (D) [Reserved]
    (8) Southern Nearshore\3\ Trap/Pot Waters Area--(i) Area. The 
Southern Nearshore Trap/Pot Waters Area includes all state and Federal 
waters which fall within EEZ Nearshore Management Area 4, EEZ Nearshore 
Management Area 5, and EEZ Nearshore Management Area 6 (as defined in 
the American Lobster Fishery regulations in 50 CFR 697.18), and inside 
the 100-fathom (600-ft or 182.9-m) depth contour line from 
35[deg]30[min] N lat. south to 27[deg]51[min] N lat. and extending 
inshore to the shoreline or exemption line, with the exception of those 
waters exempted under paragraph (a)(3) of this section. The Assistant 
Administrator may change that area in accordance with paragraph (i) of 
this section.
---------------------------------------------------------------------------

    \3\ Fishermen using red crab trap/pot gear should refer to Sec. 
229.32(c)(9) for the restrictions applicable to red crab trap/pot 
fishery.
---------------------------------------------------------------------------

    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess trap/pot gear in the Southern 
Nearshore Trap/Pot Waters Area that is east of a straight line from 
41[deg]18.2[min] N. lat.,71[deg]51.5[min] W. long. (Watch Hill Point, 
RI) south to 40[deg]00[min] N. lat., unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
the universal trap/pot gear requirements specified in paragraph (c)(1) 
of this section, and the area-specific requirements listed here, or 
unless the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise that period and these requirements in 
accordance with paragraph (i) of this section.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except traps/pots, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible and that meets the following specifications:
    (1) The weak link must be chosen from the following list approved by 
NMFS: swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links may not exceed 600 lb 
(272.2 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be

[[Page 870]]

knots for the purposes of this provision.
    (B) Groundlines. On or before April 5, 2009, all groundlines must be 
composed entirely of sinking line unless exempted from this requirement 
under paragraph (a)(4) of this section. The attachment of buoys, 
toggles, or other floatation devices to groundlines is prohibited.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that 
overlaps an area bounded on the north by a straight line from 
41[deg]18.2[min] N. lat., 71[deg]51.5[min] W. long. (Watch Hill Point, 
RI) south to 40[deg]00[min] N. lat. and then east to the eastern edge of 
the EEZ, and bounded on the south by 32[deg]00[min] N. lat., and east to 
the eastern edge of the EEZ, unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, the 
universal trap/pot gear requirements in paragraph (c)(1) of this 
section, requirements specified in paragraphs (c)(8)(ii)(A) and 
(c)(8)(ii)(B) of this section, or unless the gear is stowed as specified 
in Sec. 229.2. The Assistant Administrator may revise that period and 
these requirements in accordance with paragraph (i) of this section.
    (iv) Seasonal area-specific gear or vessel requirements. From 
November 15 to April 15, no person or vessel may fish with or possess 
trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that 
overlaps an area from 32[deg]00[min] N. lat. south to 29[deg]00[min] N. 
lat. and east to the eastern edge of the EEZ, unless that gear complies 
with the gear marking requirements specified in paragraph (b) of this 
section, the universal trap/pot gear requirements specified in paragraph 
(c)(1) of this section, and the area-specific requirements specified in 
paragraphs (c)(8)(ii)(A) and (c)(8)(ii)(B) of this section, or unless 
the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise that period and these requirements in 
accordance with paragraph (i) of this section.
    (v) Seasonal area-specific gear or vessel requirements. From 
December 1 to March 31, no person or vessel may fish with or possess 
trap/pot gear in the Southern Nearshore Trap/Pot Waters Area that 
overlaps an area from 29[deg]00[min] N. lat. south to 27[deg]51[min] N. 
lat. and east to the eastern edge of the EEZ, unless that gear complies 
with the gear marking requirements specified in paragraph (b) of this 
section, the universal trap/pot gear requirements specified in paragraph 
(c)(1) of this section, and the area-specific requirements specified in 
paragraphs (c)(8)(ii)(A) and (c)(8)(ii)(B) of this section, or unless 
the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise this period and these requirements in 
accordance with paragraph (i) of this section.
    (vi) [Reserved]
    (9) Restrictions applicable to the red crab trap/pot fishery--(i) 
Area. The red crab trap/pot fishery is regulated in the waters 
identified in paragraphs (c)(5)(i) and (c)(8)(i) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess red crab trap/pot gear in the area 
identified in paragraph (c)(9)(i) of this section that overlaps an area 
from the U.S./Canada border south to a straight line from 41[deg] 
18.2[min] N. lat., 71[deg]51.5[min] W. long. (Watch Hill Point, RI) 
south to 40[deg]00[min] N. lat., and then east to the eastern edge of 
the EEZ, unless that gear complies with the gear marking requirements 
specified in paragraph (b) of this section, the universal trap/pot gear 
requirements specified in paragraph (c)(1) of this section, and the 
area-specific requirements listed below, or unless the gear is stowed as 
specified in Sec. 229.2. The Assistant Administrator revises these 
requirements in accordance with paragraph (i) of this section.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except traps/pots, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible and that meets the following specifications:
    (1) The weak link must be chosen from the following list approved by

[[Page 871]]

NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links may not exceed 2,000 lb 
(907.2 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Groundlines. On or before April 5, 2009, all groundlines must be 
composed entirely of sinking line unless exempted from this requirement 
under paragraph (a)(4) of this section. The attachment of buoys, 
toggles, or other floatation devices to groundlines is prohibited.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess red 
crab trap/pot gear in the area identified in paragraph (c)(9)(i) of this 
section that overlaps an area bounded on the north by a straight line 
from 41[deg]18.2[min] N. lat., 71[deg]51.5[min] W. long. (Watch Hill 
Point, RI) south to 40[deg]00[min] N. lat. and then east to the eastern 
edge of the EEZ, and bounded on the south by a line at 32[deg]00[min] N. 
lat., and east to the eastern edge of the EEZ, unless that gear complies 
with the gear marking requirements specified in paragraph (b) of this 
section, the universal trap/pot gear requirements specified in paragraph 
(c)(1) of this section, and the area-specific requirements listed in 
paragraphs (c)(9)(ii)(A) and (c)(9)(ii)(B) of this section, or unless 
the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator revises these requirements in accordance with paragraph 
(i) of this section.
    (iv) Seasonal area-specific gear or vessel requirements. From 
November 15 to April 15, no person or vessel may fish with or possess 
red crab trap/pot gear in the area identified in paragraph (c)(9)(i) of 
this section that overlaps an area from 32[deg]00[min] N. lat. south to 
29[deg]00[min] N. lat. and east to the eastern edge of the EEZ, unless 
that gear complies with the gear marking requirements specified in 
paragraph (b) of this section, the universal trap/pot gear requirements 
specified in paragraph (c)(1) of this section, and the area-specific 
requirements specified in paragraphs (c)(9)(ii)(A) and (c)(9)(ii)(B) of 
this section, or unless the gear is stowed as specified in Sec. 229.2. 
The Assistant Administrator may revise that period and these 
requirements in accordance with paragraph (i) of this section.
    (v) Seasonal area-specific gear or vessel requirements. From 
December 1 to March 31, no person or vessel may fish with or possess red 
crab trap/pot gear in the area identified in paragraph (c)(9)(i) of this 
section that overlaps an area from 29[deg]00[min] N. lat. south to 
27[deg]51[min] N. lat. and east to the eastern edge of the EEZ, unless 
that gear complies with the gear marking requirements specified in 
paragraph (b) of this section, the universal trap/pot gear requirements 
specified in paragraph (c)(1) of this section, and the area-specific 
requirements specified in paragraphs (c)(9)(ii)(A) and (c)(9)(ii)(B) of 
this section, or unless the gear is stowed as specified in Sec. 229.2. 
The Assistant Administrator may revise that period and these 
requirements in accordance with paragraph (i) of this section.
    (vi) [Reserved]
    (d) Restrictions applicable to anchored gillnet gear--(1) Universal 
anchored gillnet gear requirements. In addition to the area-specific 
measures listed in paragraphs (d)(2) through (d)(7) of this section, all 
anchored gillnet gear in regulated waters must comply with the universal 
gear requirements listed here. \4\ The Assistant Administrator may 
revise these requirements in accordance with paragraph (i) of this 
section.
---------------------------------------------------------------------------

    \4\ Fishermen are also encouraged to maintain their buoy lines to be 
as knot-free as possible. Splices are considered to be less of an 
entanglement threat and are thus preferable to knots.
---------------------------------------------------------------------------

    (i) No buoy line floating at the surface. No person or vessel may 
fish with anchored gillnet gear that has any portion of the buoy line 
floating at the surface at any time when the buoy line

[[Page 872]]

is directly connected to the gear at the ocean bottom. If more than one 
buoy is attached to a single buoy line or if a high flyer and a buoy are 
used together on a single buoy line, sinking line must be used between 
these objects.
    (ii) No wet storage of gear. Anchored gillnet gear must be hauled 
out of the water at least once every 30 days.
    (2) Cape Cod Bay Restricted Area--(i) Area. The Cape Cod Bay 
Restricted Area consists of the Cape Cod Bay right whale critical 
habitat area specified under 50 CFR 226.203(b), unless the Assistant 
Administrator changes that area in accordance with paragraph (i) of this 
section.
    (ii) Closure during the winter restricted period--(A) Winter 
restricted period. The winter restricted period for this area is from 
January 1 through May 15 of each year, unless the Assistant 
Administrator revises that period in accordance with paragraph (i) of 
this section.
    (B) Closure. During the winter restricted period, no person or 
vessel may fish with or possess anchored gillnet gear in the Cape Cod 
Bay Restricted Area unless the Assistant Administrator specifies gear 
restrictions or alternative fishing practices in accordance with 
paragraph (i) of this section and the gear or practices comply with 
those specifications, or unless the gear is stowed as specified in Sec. 
229.2. The Assistant Administrator may waive this closure for the 
remaining portion of the winter restricted period in any year through a 
notification in the Federal Register if NMFS determines that right 
whales have left the restricted area and are unlikely to return for the 
remainder of the season.
    (iii) Area-specific gear or vessel requirements for the other 
restricted period--(A) Other restricted period. The other restricted 
period for the Cape Cod Bay Restricted Area is from May 16 through 
December 31 of each year unless the Assistant Administrator changes that 
period in accordance with paragraph (i) of this section.
    (B) Area-specific gear or vessel requirements. No person or vessel 
may fish with or possess anchored gillnet gear in the Cape Cod Bay 
Restricted Area during the other restricted period unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the area-specific 
requirements listed in paragraph (d)(6)(ii) of this section for the 
Other Northeast Gillnet Waters Area, or unless the gear is stowed as 
specified in Sec. 229.2. The Assistant Administrator may revise these 
requirements in accordance with paragraph (i) of this section.
    (3) Great South Channel Restricted Gillnet Area--(i) Area. The Great 
South Channel Restricted Gillnet Area consists of the area bounded by 
lines connecting the following four points: 41[deg]02.2[min] N. lat./
69[deg]02[min] W. long., 41[deg]43.5[min] N. lat./69[deg]36.3[min] W. 
long., 42[deg]10[min] N. lat./68[deg]31[min] W. long., and 
41[deg]38[min] N. lat./68[deg]13[min] W. long. This area includes most 
of the Great South Channel right whale critical habitat area specified 
under 50 CFR 226.203(a), with the exception of the sliver along the 
western boundary described in paragraph (d)(4)(i) of this section. The 
Assistant Administrator may change that area in accordance with 
paragraph (i) of this section.
    (ii) Closure during the spring restricted period--(A) Spring 
restricted period. The spring restricted period for the Great South 
Channel Restricted Gillnet Area is from April 1 through June 30 of each 
year unless the Assistant Administrator revises that period in 
accordance with paragraph (i) of this section.
    (B) Closure. During the spring restricted period, no person or 
vessel may set, fish with or possess anchored gillnet gear in the Great 
South Channel Restricted Gillnet Area unless the Assistant Administrator 
specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (i) of this section and the gear or practices 
comply with those specifications, or unless the gear is stowed as 
specified in Sec. 229.2.
    (iii) Area-specific gear or vessel requirements for the other 
restricted period--(A) Other restricted period. The other restricted 
period for the Great South Channel Restricted Gillnet Area is from July 
1 though March 31 of each year unless the Assistant Administrator 
changes that period in accordance with paragraph (i) of this section.

[[Page 873]]

    (B) Area-specific gear or vessel requirements. During the other 
restricted period, no person or vessel may fish with or possess anchored 
gillnet gear in the Great South Channel Restricted Gillnet Area unless 
that gear complies with the gear marking requirements specified in 
paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in paragraph (d)(1) of this section, and the 
area-specific requirements listed in paragraph (d)(6)(ii) of this 
section for the Other Northeast Gillnet Waters Area, or unless the gear 
is stowed as specified in Sec. 229.2. The Assistant Administrator may 
revise these requirements in accordance with paragraph (i) of this 
section.
    (4) Great South Channel Sliver Restricted Area--(i) Area. The Great 
South Channel Sliver Restricted Area consists of the area bounded by 
lines connecting the following points: 41[deg]02.2[min] N. lat./
69[deg]02[min] W. long., 41[deg]43.5[min] N. lat./69[deg]36.3[min] W. 
long., 41[deg]40[min] N. lat./69[deg]45[min] W. long., and 
41[deg]00[min] N. lat./69[deg]05[min] W. long. The Assistant 
Administrator may change that area in accordance with paragraph (i) of 
this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess anchored gillnet gear in the Great 
South Channel Sliver Restricted Area unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
the universal anchored gillnet gear requirements specified in paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraph (d)(6)(ii) of this section for the Other Northeast Gillnet 
Waters Area, or unless the gear is stowed as specified in Sec. 229.2. 
The Assistant Administrator may revise these requirements in accordance 
with paragraph (i) of this section.
    (5) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated as right whale 
critical habitat under 50 CFR 226.203(b), that lie south of 
43[deg]15[min] N. lat. and west of 70[deg]00[min] W. long, and those 
waters exempted under paragraph (a)(3) of this section. The Assistant 
Administrator may change that area in accordance with paragraph (i) of 
this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess anchored gillnet gear in the 
Stellwagen Bank/Jeffreys Ledge Restricted Area unless that gear complies 
with the gear marking requirements specified in paragraph (b) of this 
section, the universal anchored gillnet gear requirements specified in 
paragraph (d)(1) of this section, and the area-specific requirements 
listed in paragraph (d)(6)(ii) of this section for the Other Northeast 
Gillnet Waters Area, or unless the gear is stowed as specified in Sec. 
229.2. The Assistant Administrator may revise these requirements in 
accordance with paragraph (i) of this section.
    (6) Other Northeast Gillnet Waters Area--(i) Area. The Other 
Northeast Gillnet Waters Area consists of all U.S. waters from the U.S./
Canada border to Long Island, NY, at 72[deg]30[min] W. long. south to 
36[deg]33.03[min] N. lat. and east to the eastern edge of the EEZ, with 
the exception of the Cape Cod Bay Restricted Area, Stellwagen Bank/
Jeffreys Ledge Restricted Area, Great South Channel Restricted Gillnet 
Area, Great South Channel Sliver Restricted Area, and exempted waters 
listed in paragraph (a)(3) of this section. The Assistant Administrator 
may change that area in accordance with paragraph (i) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess anchored gillnet gear in the Other 
Northeast Gillnet Waters Area that overlaps an area from the U.S./Canada 
border south to a straight line from 41[deg]18.2[min] N. lat., 
71[deg]51.5[min] W. long. (Watch Hill Point, RI) south to 40[deg]00[min] 
N. lat. and then east to the eastern edge of the EEZ, unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the area-specific 
requirements listed below, or unless the gear is stowed as specified in 
Sec. 229.2. The Assistant Administrator may revise these requirements 
in accordance with paragraph (i) of this section.

[[Page 874]]

    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except gillnets, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible and that meets the following specifications:
    (1) The weak link must be chosen from the following list approved by 
NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links must not exceed 1,100 lb 
(499.0 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Net panel weak links. The breaking strength of each weak link 
must not exceed 1,100 lb (499.0 kg). The weak link requirements apply to 
all variations in panel size. All net panels in a string must contain 
weak links that meet one of the following two configurations:
    (1) Configuration 1. (i) The weak link must be chosen from the 
following list approved by NMFS: Plastic weak links or rope of 
appropriate breaking strength. If rope of appropriate breaking strength 
is used throughout the floatline or as the up and down line, or if no up 
and down line is present, then individual weak links are not required on 
the floatline or up and down line. A brochure illustrating the 
techniques for making weak links is available from the Regional 
Administrator, NMFS, Northeast Region upon request; and
    (ii) One weak link must be placed in the center of each of the up 
and down lines at both ends of the net panel; and
    (iii) One weak link must be placed as close as possible to each end 
of the net panels on the floatline; and
    (iv) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline; or
    (v) For net panels greater than 50 fathoms (300 ft or 91.4 m) in 
length, one weak link must be placed at least every 25 fathoms (150 ft 
or 45.7 m) along the floatline.
    (2) Configuration 2. (i) The weak link must be chosen from the 
following list approved by NMFS: Plastic weak links or rope of 
appropriate breaking strength. If rope of appropriate breaking strength 
is used throughout the floatline or as the up and down line, or if no up 
and down line is present, then individual weak links are not required on 
the floatline or up and down line. A brochure illustrating the 
techniques for making weak links is available from the Regional 
Administrator, NMFS, Northeast Region upon request; and
    (ii) One weak link must be placed in the center of each of the up 
and down lines at both ends of the net panel; and
    (iii) One weak link must be placed between the floatline tie loops 
between net panels; and
    (iv) One weak link must be placed where the floatline tie loops 
attaches to the bridle, buoy line, or groundline at the end of a net 
string; and
    (v) For net panels of 50 fathoms (300 ft or 91.4 m) or less in 
length, one weak link must be placed in the center of the floatline; or
    (vi) For net panels greater than 50 fathoms (300 ft or 91.4 m) in 
length, one weak link must be placed at least every 25 fathoms (150 ft 
or 45.7 m) along the floatline.
    (C) Anchoring systems. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string with 
a burying anchor (an anchor that holds to the ocean bottom through the 
use of a fluke, spade, plow, or pick) having the holding capacity equal 
to or greater than a 22-lb (10.0-kg) Danforth-style anchor. Dead weights 
do not meet this requirement. A brochure illustrating the techniques

[[Page 875]]

for rigging anchoring systems is available from the Regional 
Administrator, NMFS, Northeast Region upon request.
    (D) Groundlines. On or before October 5, 2008, all groundlines must 
be composed entirely of sinking line unless exempted from this 
requirement under paragraph (a)(4) of this section. The attachment of 
buoys, toggles, or other floatation devices to groundlines is 
prohibited.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
anchored gillnet gear in the Other Northeast Gillnet Waters Area that is 
south of a straight line from 41[deg]18.2[min] N. lat., 71[deg]51.5[min] 
W. long. (Watch Hill Point, RI) south to 40[deg]00[min] N. lat. and then 
east to the eastern edge of the EEZ, unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, 
the universal anchored gillnet gear requirements specified in paragraph 
(d)(1) of this section, and the area-specific requirements listed in 
paragraphs (d)(6)(ii)(A) through (d)(6)(ii)(D) of this section, or 
unless the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (7) Mid/South Atlantic Gillnet Waters--(i) Area. The Mid/South 
Atlantic Gillnet Waters consists of all U.S. waters bounded on the north 
from Long Island, NY, at 72[deg]30[min] W. long. south to 
36[deg]33.03[min] N. lat. and east to the eastern edge of the EEZ, and 
bounded on the south by 32[deg]00[min] N. lat., and east to the eastern 
edge of the EEZ. The Assistant Administrator may change that area in 
accordance with paragraph (i) of this section. When the Mid/South 
Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted Area 
and its restricted period as specified in paragraphs (f)(1) and (f)(2), 
then the closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) applies.
    (ii) Area-specific gear or vessel requirements. From September 1 
through May 31, no person or vessel may fish with or possess anchored 
gillnet gear in the Mid/South Atlantic Gillnet Waters unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, the universal anchored gillnet gear requirements 
specified in paragraph (d)(1) of this section, and the following area-
specific requirements, or unless the gear is stowed as specified in 
Sec. 229.2. The Assistant Administrator may revise these requirements 
in accordance with paragraph (i) of this section. When the Mid/South 
Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted Area 
and its restricted period as specified in paragraphs (f)(1) and (f)(2), 
then the closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) applies.
    (A) Buoy line weak links. All buoys, flotation devices and/or 
weights (except gillnets, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible and that meets the following specifications:
    (1) The weak link must be chosen from the following list approved by 
NMFS: Swivels, plastic weak links, rope of appropriate breaking 
strength, hog rings, rope stapled to a buoy stick, or other materials or 
devices approved in writing by the Assistant Administrator. A brochure 
illustrating the techniques for making weak links is available from the 
Regional Administrator, NMFS, Northeast Region upon request.
    (2) The breaking strength of the weak links must not exceed 1,100 lb 
(499.0 kg).
    (3) Weak links must break cleanly leaving behind the bitter end of 
the line. The bitter end of the line must be free of any knots when the 
weak link breaks. Splices are not considered to be knots for the 
purposes of this provision.
    (B) Net panel weak links. The weak link requirements apply to all 
variations in panel size. All net panels must contain weak links that 
meet the following specifications:
    (1) The breaking strength for each of the weak links must not exceed 
1,100 lb (499.0 kg).

[[Page 876]]

    (2) The weak link must be chosen from the following list approved by 
NMFS: Plastic weak links or rope of appropriate breaking strength. If 
rope of appropriate breaking strength is used throughout the floatline 
then individual weak links are not required. A brochure illustrating the 
techniques for making weak links is available from the Regional 
Administrator, NMFS, Northeast Region upon request.
    (3) Weak links must be placed in the center of the floatline of each 
gillnet net panel up to and including 50 fathoms (300 ft or 91.4 m) in 
length, or at least every 25 fathoms (150 ft or 45.7 m) along the 
floatline for longer panels.
    (C) Additional anchoring system and net panel weak link 
requirements. All gillnets must return to port with the vessel unless 
the gear meets the following specifications:
    (1) Anchoring systems. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string with 
a burying anchor (an anchor that holds to the ocean bottom through the 
use of a fluke, spade, plow, or pick) having the holding capacity equal 
to or greater than a 22-lb (10.0-kg) Danforth-style anchor. Dead weights 
do not meet this requirement. A brochure illustrating the techniques for 
rigging anchoring systems is available from the Regional Administrator, 
NMFS, Northeast Region upon request.
    (2) Net panel weak links. Net panel weak links must meet the 
specifications in this paragraph. The breaking strength of each weak 
link must not exceed 1,100 lb (499.0 kg). The weak link requirements 
apply to all variations in panel size. All net panels in a string must 
contain weak links that meet one of the following two configurations 
found in paragraph (d)(6)(ii)(B)(1) or (d)(6)(ii)(B)(2) of this section.
    (3) Additional provision for North Carolina. All gillnets set 300 
yards (274.3 m) or less from the shoreline in North Carolina must meet 
the anchoring system and net panel weak link requirements in paragraphs 
(d)(7)(ii)(C)(1) and (d)(7)(ii)(C)(2) of this section, or the following:
    (i) The entire net string must be less than 300 yards (274.3 m) from 
shore.
    (ii) The breaking strength of each weak link must not exceed 600 lb 
(272.2 kg). The weak link requirements apply to all variations in panel 
size.
    (iii) All net panels in a string must contain weak links that meet 
one of the following two configuration specifications found in paragraph 
(d)(6)(ii)(B)(1) or (d)(6)(ii)(B)(2) of this section.
    (iv) Regardless of the number of net panels, all anchored gillnets 
must be secured at the offshore end of the net string with a burying 
anchor (an anchor that holds to the ocean bottom through the use of a 
fluke, spade, plow, or pick) having a holding capacity equal to or 
greater than an 8-lb (3.6-kg) Danforth-style anchor, and at the inshore 
end of the net string with a dead weight equal to or greater than 31 lb 
(14.1 kg).
    (D) Groundlines. On or before October 5, 2008, all groundlines must 
be composed entirely of sinking line unless exempted from this 
requirement under paragraph (a)(4) of this section. The attachment of 
buoys, toggles, or other floatation devices to groundlines is 
prohibited.
    (8) [Reserved]
    (e) Restrictions applicable to drift gillnet gear--(1) Cape Cod Bay 
Restricted Area--(i) Area. The Cape Cod Bay Restricted Area consists of 
the Cape Cod Bay right whale critical habitat area specified under 50 
CFR 226.203(b), unless the Assistant Administrator changes that area in 
accordance with paragraph (i) of this section.
    (ii) Closure during the winter restricted period--(A) Winter 
restricted period. The winter restricted period for this area is from 
January 1 through May 15 of each year, unless the Assistant 
Administrator changes that period in accordance with paragraph (i) of 
this section.
    (B) Closure. During the winter restricted period, no person or 
vessel may fish with or possess drift gillnet gear in the Cape Cod Bay 
Restricted Area unless the Assistant Administrator specifies gear 
restrictions or alternative fishing practices in accordance with 
paragraph (i) of this section and the gear or practices comply with 
those specifications, or unless the gear is stowed as specified in Sec. 
229.2. The Assistant Administrator may waive this closure for the 
remaining portion of the winter restricted period in any

[[Page 877]]

year through a notification in the Federal Register if NMFS determines 
that right whales have left the restricted area and are unlikely to 
return for the remainder of the season.
    (iii) Area-specific gear or vessel requirements for the other 
restricted period--(A) Other restricted period. The other restricted 
period for the Cape Cod Bay Restricted Area is from May 16 through 
December 31 of each year unless the Assistant Administrator changes that 
period in accordance with paragraph (i) of this section.
    (B) Area specific gear or vessel requirements. During the other 
restricted period, no person or vessel may fish with or possess drift 
gillnet gear in the Cape Cod Bay Restricted Area unless that gear 
complies with the gear marking requirements specified in paragraph (b) 
of this section, or unless the gear is stowed as specified in Sec. 
229.2. Additionally, no person or vessel may fish with or possess drift 
gillnet gear at night in the Cape Cod Bay Restricted Area during the 
other restricted period unless that gear is tended, or unless the gear 
is stowed as specified in Sec. 229.2. During that time, all drift 
gillnet gear set by that vessel in the Cape Cod Bay Restricted Area must 
be removed from the water and stowed on board the vessel before a vessel 
returns to port. The Assistant Administrator may revise these 
requirements in accordance with paragraph (i) of this section.
    (2) Great South Channel Restricted Gillnet Area--(i) Area. The Great 
South Channel Restricted Gillnet Area consists of the area bounded by 
lines connecting the following four points: 41[deg]02.2[min] N. lat./
69[deg]02[min] W. long., 41[deg]43.5[min] N. lat./69[deg]36.3[min] W. 
long., 42[deg]10[min] N. lat./68[deg]31[min] W. long., and 
41[deg]38[min] N. lat./68[deg]13[min] W. long. This area includes most 
of the Great South Channel right whale critical habitat area specified 
under 50 CFR 226.203(a), with the exception of the sliver along the 
western boundary described in paragraph (e)(3)(i) of this section. The 
Assistant Administrator may change that area in accordance with 
paragraph (i) of this section.
    (ii) Closure during the spring restricted period--(A) Spring 
restricted period. The spring restricted period for the Great South 
Channel Restricted Gillnet Area is from April 1 through June 30 of each 
year unless the Assistant Administrator changes that period in 
accordance with paragraph (i) of this section.
    (B) Closure. During the spring restricted period, no person or 
vessel may set, fish with or possess drift gillnet gear in the Great 
South Channel Restricted Gillnet Area unless the Assistant Administrator 
specifies gear restrictions or alternative fishing practices in 
accordance with paragraph (i) of this section and the gear or practices 
comply with those specifications, or unless the gear is stowed as 
specified in Sec. 229.2.
    (iii) Area-specific gear or vessel requirements for the other 
restricted period--(A) Other restricted period. The other restricted 
period for the Great South Channel Restricted Gillnet Area is from July 
1 though March 31 of each year unless the Assistant Administrator 
changes that period in accordance with paragraph (i) of this section.
    (B) Area-specific gear or vessel requirements. During the other 
restricted period, no person or vessel may fish with or possess drift 
gillnet gear in the Great South Channel Restricted Gillnet Area unless 
that gear complies with the gear marking requirements specified in 
paragraph (b) of this section, or unless the gear is stowed as specified 
in Sec. 229.2. Additionally, no person or vessel may fish with or 
possess drift gillnet gear at night in the Great South Channel 
Restricted Gillnet Area unless that gear is tended, or unless the gear 
is stowed as specified in Sec. 229.2. During that time, all drift 
gillnet gear set by that vessel in the Great South Channel Restricted 
Gillnet Area must be removed from the water and stowed on board the 
vessel before a vessel returns to port. The Assistant Administrator may 
revise these requirements in accordance with paragraph (i) of this 
section.
    (3) Great South Channel Sliver Restricted Area--(i) Area. The Great 
South Channel Sliver Restricted Area consists of the area bounded by 
lines connecting the following points: 41[deg]02.2[min] N. lat./
69[deg]02[min] W. long., 41[deg]43.5[min] N. lat./69[deg]36.3[min] W. 
long., 41[deg]40[min] N. lat./69[deg]45[min] W. long., and 
41[deg]00[min] N. lat./69[deg]05[min] W. long. The Assistant 
Administrator may change that area in accordance with paragraph (i) of 
this section.

[[Page 878]]

    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess drift gillnet gear in the Great South 
Channel Sliver Restricted Gillnet Area unless that gear complies with 
the gear marking requirements specified in paragraph (b) of this 
section, or unless the gear is stowed as specified in Sec. 229.2. 
Additionally, no person or vessel may fish with or possess drift gillnet 
gear at night in the Great South Channel Sliver Restricted Area unless 
that gear is tended, or unless the gear is stowed as specified in Sec. 
229.2. During that time, all drift gillnet gear set by that vessel in 
the Great South Channel Sliver Restricted Area must be removed from the 
water and stowed on board the vessel before a vessel returns to port. 
The Assistant Administrator may revise these requirements in accordance 
with paragraph (i) of this section.
    (4) Stellwagen Bank/Jeffreys Ledge Restricted Area--(i) Area. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area includes all Federal 
waters of the Gulf of Maine, except those designated as right whale 
critical habitat under 50 CFR 226.203(b), that lie south of 
43[deg]15[min] N. lat. and west of 70[deg]00[min] W. long. The Assistant 
Administrator may change that area in accordance with paragraph (i) of 
this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess drift gillnet gear in the Stellwagen 
Bank/Jeffreys Ledge Restricted Area unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, or 
unless the gear is stowed as specified in Sec. 229.2. Additionally, no 
person or vessel may fish with or possess drift gillnet gear at night in 
the Stellwagen Bank/Jeffreys Ledge Area unless that gear is tended, or 
unless the gear is stowed as specified in Sec. 229.2. During that time, 
all drift gillnet gear set by that vessel in the Stellwagen Bank/
Jeffreys Ledge Restricted Area must be removed from the water and stowed 
on board the vessel before a vessel returns to port. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (5) Other Northeast Gillnet Waters Area--(i) Area. The Other 
Northeast Gillnet Waters Area consists of all U.S. waters from the U.S./
Canada border to Long Island, NY, at 72[deg]30[min] W. long. south to 
36[deg]33.03[min] N. lat. and east to the eastern edge of the EEZ, with 
the exception of the Cape Cod Bay Restricted Area, Stellwagen Bank/
Jeffreys Ledge Restricted Area, Great South Channel Restricted Gillnet 
Area, Great South Channel Sliver Restricted Area, and exempted waters 
listed in paragraph (a)(3) of this section. The Assistant Administrator 
may change that area in accordance with paragraph (i) of this section.
    (ii) Year-round area-specific gear or vessel requirements. No person 
or vessel may fish with or possess drift gillnet gear in the Other 
Northeast Gillnet Waters Area unless that gear complies with the gear 
marking requirements specified in paragraph (b) of this section, or 
unless the gear is stowed as specified in Sec. 229.2. Additionally, no 
person or vessel may fish with or possess drift gillnet gear at night in 
the Other Northeast Gillnet Waters Area unless that gear is tended, or 
unless the gear is stowed as specified in Sec. 229.2. During that time, 
all drift gillnet gear set by that vessel in the Other Northeast Gillnet 
Waters Area must be removed from the water and stowed on board the 
vessel before a vessel returns to port. The Assistant Administrator may 
revise these requirements in accordance with paragraph (i) of this 
section.
    (iii) Seasonal area-specific gear or vessel requirements. From 
September 1 to May 31, no person or vessel may fish with or possess 
drift gillnet gear in the Other Northeast Gillnet Waters Area that is 
south of a straight line from 41[deg]18.2[min] N. lat., 71[deg]51.5[min] 
W. long. (Watch Hill Point, RI) south to 40[deg]00[min] N. lat. and then 
east to the eastern edge of the EEZ, unless that gear complies with the 
gear marking requirements specified in paragraph (b) of this section, or 
unless the gear is stowed as specified in Sec. Sec. 229.2. 
Additionally, no person or vessel may fish with or possess drift gillnet 
gear at night in the Other Northeast Gillnet Waters Area unless that 
gear is tended, or unless the gear is stowed as specified in Sec. 
229.2. During that time, all drift gillnet gear set by that vessel in 
the Other Northeast

[[Page 879]]

Gillnet Waters Area must be removed from the water and stowed on board 
the vessel before a vessel returns to port. The Assistant Administrator 
may revise these requirements in accordance with paragraph (i) of this 
section.
    (6) Mid/South Atlantic Gillnet Waters Area--(i) Area. The Mid/South 
Atlantic Gillnet Waters consists of all U.S. waters bounded on the north 
from Long Island, NY at 72[deg]30[min] W. long. south to 
36[deg]33.03[min] N. lat. and east to the eastern edge of the EEZ, and 
bounded on the south by 32[deg]00[min] N. lat., and east to the eastern 
edge of the EEZ. The Assistant Administrator may change that area in 
accordance with paragraph (i) of this section. When the Mid/South 
Atlantic Gillnet Waters Area overlaps the Southeast U.S. Restricted Area 
and its restricted period as specified in paragraphs (f)(1) and (f)(2), 
then the closure and exemption for the Southeast U.S. Restricted Area as 
specified in paragraph (f)(2) applies.
    (ii) Area-specific gear or vessel requirements. From September 1 
through May 31, no person or vessel may fish with or possess drift 
gillnet gear at night in the Mid/South Atlantic Gillnet Waters Area 
unless that gear complies with the gear marking requirements specified 
in paragraph (b) of this section, or unless the gear is stowed as 
specified in Sec. 229.2. During that time, no person may fish with or 
possess drift gillnet gear at night in the Mid/South Atlantic Gillnet 
Waters Area unless that gear is tended, or unless the gear is stowed as 
specified in Sec. 229.2. During that time, all drift gillnet gear set 
by that vessel in the Mid/South Atlantic Gillnet Waters Area must be 
removed from the water and stowed on board the vessel before a vessel 
returns to port. The Assistant Administrator may revise these 
requirements in accordance with paragraph (i) of this section. When the 
Mid/South Atlantic Gillnet Waters Area overlaps the Southeast U.S. 
Restricted Area and its restricted period as specified in paragraphs 
(f)(1) and (f)(2), then the closure and exemption for the Southeast U.S. 
Restricted Area as specified in paragraph (f)(2) applies.
    (7) [Reserved]
    (f) Restrictions applicable to the Southeast U.S. Restricted Area--
(1) Area. The Southeast U.S. Restricted Area consists of the area 
bounded by straight lines connecting the following points in the order 
stated from south to north, unless the Assistant Administrator changes 
that area in accordance with paragraph (i) of this section:

------------------------------------------------------------------------
                      Point                         N. lat.    W. long.
------------------------------------------------------------------------
SERA1...........................................  27[deg]51[       (\1\)
                                                        min]
SERA2...........................................  27[deg]51[  80[deg]00[
                                                        min]        min]
SERA3...........................................  32[deg]00[  80[deg]00[
                                                        min]        min]
SERA4...........................................  32[deg]36[  78[deg]52[
                                                        min]        min]
SERA5...........................................  32[deg]51[  78[deg]36[
                                                        min]        min]
SERA6...........................................  33[deg]15[  78[deg]24[
                                                        min]        min]
SERA7...........................................  33[deg]27[  78[deg]04[
                                                        min]        min]
SERA8...........................................       (\2\)  78[deg]33.
                                                                  9[min]
------------------------------------------------------------------------
\1\ Florida shoreline.
\2\ South Carolina shoreline.

    (i) Southeast U.S. Restricted Area N. The Southeast U.S. Restricted 
Area N consists of the Southeast U.S. Restricted Area from 
29[deg]00[min] N. lat. northward.
    (ii) Southeast U.S. Restricted Area S. The Southeast U.S. Restricted 
Area S consists of the Southeast U.S. Restricted Area southward of 
29[deg]00[min] N. lat.
    (2) Restricted periods, closure, and exemptions--(i) Restricted 
periods. The restricted period for the Southeast U.S. Restricted Area N 
is from November 15 through April 15, and the restricted period for the 
Southeast U.S. Restricted Area S is from December 1 through March 31, 
unless the Assistant Administrator revises the restricted period in 
accordance with paragraph (i) of this section.
    (ii) Closure for gillnets. (A) Except as provided under paragraph 
(f)(2)(v) of this section, fishing with or possessing gillnet in the 
Southeast U.S. Restricted Area N during the restricted period is 
prohibited.
    (B) Except as provided under paragraph (f)(2)(iii) of this section 
and (f)(2)(iv) of this section, fishing with gillnet in the Southeast 
U.S. Restricted Area S during the restricted period is prohibited.
    (iii) Exemption for Southeastern U.S. Atlantic shark gillnet 
fishery. Fishing with gillnet for sharks with webbing of 5 inches (12.7 
cm) or greater stretched mesh is exempt from the restrictions under 
paragraph (f)(2)(ii)(B) if:
    (A) The gillnet is deployed so that it encloses an area of water;
    (B) A valid commercial directed shark limited access permit has been

[[Page 880]]

issued to the vessel in accordance with 50 CFR 635.4(e) and is on board;
    (C) No net is set at night or when visibility is less than 500 yards 
(1,500 ft, 460 m);
    (D) The gillnet is removed from the water before night or 
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
    (E) Each set is made under the observation of a spotter plane;
    (F) No gillnet is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale;
    (G) The gillnet is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the set 
gear;
    (H) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section; and
    (I) The operator of the vessel calls the Southeast Fisheries Science 
Center Panama City Laboratory in Panama City, FL, not less than 48 hours 
prior to departing on any fishing trip in order to arrange for observer 
coverage. If the Panama City Laboratory requests that an observer be 
taken on board a vessel during a fishing trip at any time from December 
1 through March 31 south of 29[deg]00[min] N. lat., no person may fish 
with such gillnet aboard that vessel in the Southeast U.S. Restricted 
Area S unless an observer is on board that vessel during the trip.
    (iv) Exemption for Spanish Mackerel component of the Southeast 
Atlantic gillnet fishery. Fishing with gillnet for Spanish mackerel is 
exempt from the restrictions under paragraph (f)(2)(ii)(B) from December 
1 through December 31, and from March 1 through March 31 if:
    (A) Gillnet mesh size is between 3.5 inches (8.9 cm) and 4 \7/8\ 
inches (12.4 cm) stretched mesh;
    (B) A valid commercial vessel permit for Spanish mackerel has been 
issued to the vessel in accordance with 50 CFR 622.4(a)(2)(iv) and is on 
board;
    (C) No person may fish with, set, place in the water, or have on 
board a vessel a gillnet with a float line longer than 800 yards (2,400 
ft, 732 m);
    (D) No person may fish with, set, or place in the water more than 
one gillnet at any time;
    (E) No more than two gillnets, including any net in use, may be 
possessed at any one time; provided, however, that if two gillnets, 
including any net in use, are possessed at any one time, they must have 
stretched mesh sizes (as allowed under the regulations) that differ by 
at least .25 inch (.64 cm);
    (F) No person may soak a gillnet for more than 1 hour. The soak 
period begins when the first mesh is placed in the water and ends either 
when the first mesh is retrieved back on board the vessel or the 
gathering of the gillnet is begun to facilitate retrieval on board the 
vessel, whichever occurs first; providing that, once the first mesh is 
retrieved or the gathering is begun, the retrieval is continuous until 
the gillnet is completely removed from the water;
    (G) No net is set at night or when visibility is less than 500 yards 
(1,500 ft, 460 m);
    (H) The gillnet is removed from the water before night or 
immediately if visibility decreases below 500 yards (1,500 ft, 460 m);
    (I) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale;
    (J) The gillnet is removed immediately from the water if a right, 
humpback, or fin whale moves within 3 nautical miles (5.6 km) of the set 
gear; and
    (K) The gear complies with the gear marking requirements specified 
in paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in paragraph (d)(1) of this section, and the 
area-specific requirements for anchored gillnets specified in paragraphs 
(d)(7)(ii)(A) through (d)(7)(ii)(D) of this section for the Mid/South 
Atlantic Gillnet Waters.
    (v) Exemption for vessels in transit with gillnet aboard. Possession 
of gillnet aboard a vessel in transit is exempt from the restrictions 
under paragraph (f)(2)(ii)(A) of this section if: All nets are covered 
with canvas or other similar material and lashed or otherwise securely 
fastened to the deck, rail, or drum; and all buoys, high flyers, and 
anchors are disconnected from all gillnets. No fish may be possessed 
aboard such a vessel in transit.
    (vi) [Reserved]

[[Page 881]]

    (g) Restrictions applicable to the Other Southeast Gillnet Waters 
Area--(1) Area. The Other Southeast Gillnet Waters Area consists of the 
area from 32[deg]00[min] N. lat. (near Savannah, GA) south to 
27[deg]51[min] N. lat. for the Southeast Atlantic gillnet fishery, and 
from 32[deg]00 N. lat. south to 26[deg]46.50[min] N. lat. (near West 
Palm Beach, FL) for the Southeastern U.S. Atlantic shark gillnet 
fishery, and extending from 80[deg]00[min] W. long. east to the eastern 
edge of the EEZ, for both the Southeast Atlantic gillnet and 
Southeastern U.S. Atlantic gillnet fisheries unless the Assistant 
Administrator changes this area in accordance with paragraph (i) of this 
section.
    (2) Restrictions for Southeastern U.S. Atlantic shark gillnet 
fishery. No person or vessel may fish with or possess gillnet gear for 
shark with webbing of 5 inches (12.7 cm) or greater stretched mesh in 
the Other Southeast Gillnet Waters Area north of 29[deg]00[min] N. lat. 
(near New Smyrna Beach, FL) from November 15 through April 15 and south 
of 29[deg]00[min] N. lat. from December 1 through March 31 unless that 
gear complies with the gear marking requirements specified in paragraph 
(b) of this section, and the set restrictions listed below, or unless 
the gear is stowed as specified in Sec. 229.2. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (i) Set restrictions. All gillnets must comply with the following 
set restrictions:
    (A) No net is set within 3 nautical miles (5.6 km) of a right, 
humpback, or fin whale; and
    (B) If a right, humpback, or fin whale moves within 3 nautical miles 
(5.6 km) of the set gear, the gear is removed immediately from the 
water.
    (3) Restrictions for Southeast Atlantic gillnet fishery. No person 
or vessel may fish with or possess gillnet gear in the Other Southeast 
Gillnet Waters Area, except as provided in paragraph (g)(2) of this 
section, north of 29[deg]00[min] N. lat. from November 15 through April 
15 and south of 29[deg]00[min] N. lat. from December 1 through March 31 
unless that gear complies with the gear marking requirements specified 
in paragraph (b) of this section, the universal anchored gillnet gear 
requirements specified in paragraph (d)(1) of this section, and the 
area-specific requirements for anchored gillnets specified in paragraphs 
(d)(7)(ii)(A) through (d)(7)(ii)(D) of this section for the Mid/South 
Atlantic Gillnet Waters, or unless the gear is stowed as specified in 
Sec. 229.2. The Assistant Administrator may revise these requirements 
in accordance with paragraph (i) of this section.
    (4) [Reserved]
    (h) Restrictions applicable to the Southeast U.S. Monitoring Area--
(1) Area. The Southeast U.S. Monitoring Area consists of the area from 
27[deg]51[min] N. lat. (near Sebastian Inlet, FL) south to 
26[deg]46.50[min] N. lat. (near West Palm Beach, FL), extending from the 
shoreline or exemption line out to 80[deg]00[min] W. long., unless the 
Assistant Administrator changes that area in accordance with paragraph 
(i) of this section.
    (2) Restrictions for Southeastern U.S. Atlantic shark gillnet 
fishery. No person or vessel may fish with or possess gillnet gear for 
shark with webbing of 5 inches (12.7 cm) or greater stretched mesh in 
the Southeast U.S. Monitoring Area from December 1 through March 31 
unless that gear complies with the gear marking requirements specified 
in paragraph (b) of this section, or unless the gear is stowed as 
specified in Sec. 229.2, and the person or vessel satisfies the vessel 
monitoring system and observer requirements listed below. The Assistant 
Administrator may revise these requirements in accordance with paragraph 
(i) of this section.
    (i) Vessel monitoring systems. No person or vessel may fish with or 
possess gillnet gear for shark with webbing of 5 inches (12.7 cm) or 
greater stretched mesh in the Southeast U.S. Monitoring Area during the 
restricted period unless the operator of the vessel is in compliance 
with the vessel monitoring system (VMS) requirements found in 50 CFR 
635.69.
    (ii) At-sea observer coverage. When selected, vessels are required 
to take observers on a mandatory basis in compliance with the 
requirements for at-sea observer coverage found in 50 CFR 229.7. Any 
vessel that fails to carry an observer once selected is prohibited from 
fishing pursuant to 50 CFR part 635.
    (iii) [Reserved]

[[Page 882]]

    (i) Other provisions. In addition to any other emergency authority 
under the Marine Mammal Protection Act, the Endangered Species Act, the 
Magnuson-Stevens Fishery Conservation and Management Act, or other 
appropriate authority, the Assistant Administrator may take action under 
this section in the following situations:
    (1) Entanglements in critical habitat or restricted areas. If a 
serious injury or mortality of a right whale occurs in the Cape Cod Bay 
Restricted Area from January 1 through May 15, in the Great South 
Channel Restricted Area from April 1 through June 30, the Southeast U.S. 
Restricted Area N from November 15 to April 15, or the Southeast U.S. 
Restricted Area S from December 1 through March 31 as the result of an 
entanglement by trap/pot or gillnet gear allowed to be used in those 
areas and times, the Assistant Administrator shall close that area to 
that gear type (i.e., trap/pot or gillnet) for the rest of that time 
period and for that same time period in each subsequent year, unless the 
Assistant Administrator revises the restricted period in accordance with 
paragraph (i)(2) of this section or unless other measures are 
implemented under paragraph (i)(2) of this section.
    (2) Other special measures. The Assistant Administrator may revise 
the requirements of this section through a publication in the Federal 
Register if:
    (i) NMFS verifies that certain gear characteristics are both 
operationally effective and reduce serious injuries and mortalities of 
endangered whales;
    (ii) New gear technology is developed and determined to be 
appropriate;
    (iii) Revised breaking strengths are determined to be appropriate;
    (iv) New marking systems are developed and determined to be 
appropriate;
    (v) NMFS determines that right whales are remaining longer than 
expected in a closed area or have left earlier than expected;
    (vi) NMFS determines that the boundaries of a closed area are not 
appropriate;
    (vii) Gear testing operations are considered appropriate; or
    (viii) Similar situations occur.
    (3) Seasonal Area Management (SAM) Program. Until October 6, 2008, 
in addition to existing requirements for vessels deploying anchored 
gillnet or trap/pot gear in the Other Northeast Gillnet Waters, Northern 
Inshore State Trap/Pot Waters, Trap/Pot Waters, Offshore Trap/Pot 
Waters, Great South Channel Restricted Gillnet Area (July 1 through July 
31), Great South Channel Sliver Restricted Area (May 1 through July 31), 
Great South Channel Restricted Trap/Pot Area (July 1 through July 31), 
and Stellwagen Bank/Jeffreys Ledge Restricted Area (anchored gillnet and 
trap/pot area) found at Sec. 229.32 (b)-(d), a vessel may fish in the 
SAM Areas as described in paragraphs (i)(3)(i)(A) and (i)(3)(ii)(A) of 
this section, which overlay the previously mentioned areas, provided the 
gear or vessel complies with the requirements specified in paragraphs 
(i)(3)(i)(B) and (i)(3)(ii)(B) of this section during the times 
specified in those paragraphs. These requirements are in addition to 
requirements found in Sec. 229.32 (b)-(d). The requirements in 
(i)(3)(i)(B) and (i)(3)(ii)(B) of this section supercede requirements 
found at Sec. 229.32 (b)-(d) when the former are more restrictive than 
the latter. For example, the closures applicable to trap/pot and gillnet 
gear in the Great South Channel found in paragraphs (c)(3)(ii) and 
(d)(3)(ii) of this section are more restrictive than the gear 
modifications described in this section and, therefore, supercede them. 
A copy of a chart depicting these areas is available upon request from 
the Regional Administrator, NMFS, Northeast Region, 1 Blackburn Drive, 
Gloucester, MA 01930.
    (i) SAM West--(A) Area. SAM West consists of all waters bounded by 
straight lines connecting the following points in the order stated:

                                SAM West
------------------------------------------------------------------------
                      Point                         N. lat.     W. long
------------------------------------------------------------------------
1W..............................................  42[deg]30[  70[deg]30[
                                                        min]        min]
2W..............................................  42[deg]30[  69[deg]24[
                                                        min]        min]
3W..............................................  41[deg]48.  69[deg]24[
                                                      9[min]        min]
4W..............................................  41[deg]40[  69[deg]45[
                                                        min]        min]
5W..............................................  41[deg]40[  69[deg]57[
                                                        min]        min]
and along the eastern shoreline of Cape Cod to
 6W.............................................  42[deg]04.  70[deg]10[
                                                      8[min]        min]
7W..............................................  42[deg]12[  70[deg]15[
                                                        min]        min]
8W..............................................  42[deg]12[  70[deg]30[
                                                        min]        min]
------------------------------------------------------------------------


[[Page 883]]

    (B) Gear or vessel requirements. Unless otherwise authorized by the 
Assistant Administrator, in accordance with paragraph (i)(2) of this 
section, from March 1 through April 30, no person or vessel may fish 
with or possess anchored gillnet or trap/pot gear in SAM West unless 
that gear complies with the following gear modifications, or unless the 
gear is stowed as specified in Sec. 229.2.
    (1) Anchored gillnet gear--(i) Groundlines. All groundlines must be 
made entirely of sinking line. Floating groundlines are prohibited. The 
attachment of buoys, toggles, or other floatation devices to groundlines 
is prohibited.
    (ii) Buoy lines. All buoy lines must be composed of sinking line 
except the bottom portion of the line, which may be a section of 
floating line not to exceed one-third the overall length of the buoy 
line.
    (iii) Buoy line weak links. All buoys, flotation devices and/or 
weights (except gillnets, anchors, and leadline woven into the buoy 
line), such as surface buoys, high flyers, sub-surface buoys, toggles, 
window weights, etc., must be attached to the buoy line with a weak link 
placed as close to each individual buoy, flotation device and/or weight 
as operationally feasible that has a maximum breaking strength of 1,100 
lb (499.0 kg). The weak link must be chosen from the following list 
approved by NMFS: Swivels, plastic weak links, rope of appropriate 
breaking strength, hog rings, rope stapled to a buoy stick, or other 
materials or devices approved in writing by the Assistant Administrator. 
Weak links must break cleanly leaving behind the bitter end of the line. 
The bitter end of the line must be free of any knots when the weak link 
breaks. Splices are not considered to be knots for the purposes of this 
provision. A brochure illustrating the techniques for making weak links 
is available from the Regional Administrator, NMFS, Northeast Region 
upon request.
    (iv) Net panel weak links. The breaking strength of each weak link 
must not exceed 1,100 lb (499.0 kg). The weak link requirements apply to 
all variations in panel size. All net panels in a string must contain 
weak links that meet one of the following two configuration 
specifications found in paragraph (d)(6)(ii)(B)(1) or (d)(6)(ii)(B)(2) 
of this section.
    (v) Anchoring systems. All anchored gillnets, regardless of the 
number of net panels, must be secured at each end of the net string with 
a burying anchor (an anchor that holds to the ocean bottom through the 
use of a fluke, spade, plow, or pick) having the holding capacity equal 
to or greater than a 22-lb (10.0-kg) Danforth-style anchor. Dead weights 
do not meet this requirement. A brochure illustrating the techniques for 
rigging anchoring systems is available from the Regional Administrator, 
NMFS, Northeast Region upon request.
    (2) Trap/pot gear--(i) Groundlines. All groundlines must be made 
entirely of sinking line. Floating groundlines are prohibited. The 
attachment of buoys, toggles, or other floatation devices to groundlines 
is prohibited.
    (ii) Buoy lines. All buoy lines must be composed of sinking line 
except the bottom portion of the line, which may be a section of 
floating line not to exceed one-third the overall length of the buoy 
line.
    (iii) Northern Inshore State Trap/Pot Waters, Northern Nearshore 
Trap/Pot Waters Areas, Stellwagen Bank/Jeffreys Ledge Restricted Area, 
and Great South Channel Restricted Trap/Pot Area (that overlaps with LMA 
2 and Outer Cape LMA only) buoy line weak links. All buoys, flotation 
devices, and/or weights (except traps/pots, anchors, and leadline woven 
into the buoy line), such as surface buoys, high flyers, sub-surface 
buoys, toggles, window weights, etc., must be attached to the buoy line 
with a weak link placed as close to each individual buoy, flotation 
device, and/or weight as operationally feasible that has a maximum 
breaking strength of up to 600 lb (272.2 kg). The weak link must be 
chosen from the following list approved by NMFS: Swivels, plastic weak 
links, rope of appropriate breaking strength, hog rings, rope stapled to 
a buoy stick, or other materials or devices approved in writing by the 
Assistant Administrator. Weak links must break cleanly leaving behind 
the bitter end of the line. The bitter end of the line must be free of 
any knots when the weak link breaks. Splices are not considered to be 
knots

[[Page 884]]

for the purposes of this provision. A brochure illustrating the 
techniques for making weak links is available from the Regional 
Administrator, NMFS, Northeast Region upon request.
    (iv) Offshore Trap/Pot Waters Area and Great South Channel 
Restricted Trap/Pot Area (that overlaps with LMA 2/3 Overlap and LMA 3 
only) buoy line weak links. All buoys, flotation devices, and/or weights 
(except traps/pots, anchors, and leadline woven into the buoy line), 
such as surface buoys, high flyers, sub-surface buoys, toggles, window 
weights, etc., must be attached to the buoy line with a weak link placed 
as close to each individual buoy, flotation device, and/or weight as 
operationally feasible that has a maximum breaking strength of up to 
1,500 lb (680.4 kg). The weak link must be chosen from the following 
list approved by NMFS: swivels, plastic weak links, rope of appropriate 
breaking strength, hog rings, rope stapled to a buoy stick, or other 
materials or devices approved in writing by the Assistant Administrator. 
Weak links must break cleanly leaving behind the bitter end of the line. 
The bitter end of the line must be free of any knots when the weak link 
breaks. Splices are not considered to be knots for the purposes of this 
provision. A brochure illustrating the techniques for making weak links 
is available from the Regional Administrator, NMFS, Northeast Region 
upon request.
    (ii) SAM East--(A) Area. SAM East consists of all waters bounded by 
straight lines connecting the following points in the order stated:

                                SAM East
------------------------------------------------------------------------
                      Point                         N. Lat.    W. Long.
------------------------------------------------------------------------
1E..............................................  42[deg]30[  69[deg]45[
                                                        min]        min]
2E..............................................  42[deg]30[  67[deg]27[
                                                        min]        min]
3E..............................................  42[deg]09[  67[deg]08.
                                                        min]      4[min]
4E..............................................  41[deg]00[  69[deg]05[
                                                        min]        min]
5E..............................................  41[deg]40[  69[deg]45[
                                                        min]        min]
------------------------------------------------------------------------

    (B) Gear or vessel requirements. Unless otherwise authorized by the 
Assistant Administrator, in accordance with paragraph (i)(2) of this 
section, from May 1 through July 31, no person or vessel may fish with 
or possess anchored gillnet or trap/pot gear in SAM East unless that 
gear complies with the gear modifications found in paragraphs 
(i)(3)(i)(B)(1) and (i)(3)(i)(B)(2) of this section, or unless the gear 
is stowed as specified in Sec. 229.2.

[72 FR 57181, Oct. 5, 2007, as amended at 73 FR 51241, Oct. 2, 2008]



Sec. 229.33  Harbor Porpoise Take Reduction Plan Regulations--New England.

    (a) Restrictions--(1) Northeast Closure Area--(i) Area restrictions. 
From August 15 through September 13, it is prohibited to fish with, set, 
haul back, possess on board a vessel unless stowed in accordance with 
Sec. 229.2, or fail to remove sink gillnet gear or gillnet gear capable 
of catching multispecies from the Northeast Closure Area. This 
restriction does not apply to vessels fishing with a single pelagic 
gillnet (as described and used as set forth in Sec. 648.81(f)(2)(ii) of 
this title).
    (ii) Area boundaries. The Northeast Closure Area is bounded by 
straight lines connecting the following points in the order stated:

                         Northeast Closure Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
NE1............................  44[deg]27.3[min]..  68[deg]55.0[min]
                                                      (ME shoreline)
NE2............................  43[deg]29.6[min]..  68[deg]55.0[min]
NE3............................  44[deg]04.4[min]..  67[deg]48.7[min]
NE4............................  44[deg]06.9[min]..  67[deg]52.8[min]
NE5............................  44[deg]31.2[min]..  67[deg]02.7[min]
NE6............................  44[deg]45.8[min]..  67[deg]02.7[min]
                                                      (ME shoreline)
------------------------------------------------------------------------

    (2) Mid-Coast Management Area--(i) Area restrictions. From September 
15 through May 31, it is prohibited to fish with, set, haul back, 
possess on board a vessel unless stowed in accordance with Sec. 229.2, 
or fail to remove sink gillnet gear or gillnet gear capable of catching 
multispecies from the Mid-Coast Management Area, unless the gillnet gear 
is equipped with pingers in accordance with paragraphs (b) and (c) of 
this section. This prohibition does not apply to vessels fishing with a 
single pelagic gillnet (as described and used as set forth in Sec. 
648.81(f)(2)(ii) of this title).
    (ii) Area boundaries. The Mid-Coast Management Area is the area 
bounded by straight lines connecting the following points in the order 
stated:

[[Page 885]]



                        Mid-Coast Management Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
MC1............................  42[deg]30.0[min]..  70[deg]50.1[min]
                                                      (MA shoreline)
MC2............................  42[deg]30.0[min]..  70[deg]15.0[min]
MC3............................  42[deg]40.0[min]..  70[deg]15.0[min]
MC4............................  42[deg]40.0[min]..  70[deg]00.0[min]
MC5............................  43[deg]00.0[min]..  70[deg]00.0[min]
MC6............................  43[deg]00.0[min]..  69[deg]30.0[min]
MC7............................  43[deg]30.0[min]..  69[deg]30.0[min]
MC8............................  43[deg]30.0[min]..  69[deg]00.0[min]
MC9............................  44[deg]17.8[min]..  69[deg]00.0[min]
                                                      (ME shoreline)
------------------------------------------------------------------------

    (iii) Closing procedures. According to paragraphs (d)(1), (d)(3), 
and (d)(4) of this section, NMFS shall close the western portion of the 
Mid-Coast Management Area (west of 70[deg]15[min] W. long.) from October 
1 through November 30 annually by incorporating it into the Coastal Gulf 
of Maine Closure Area if, after two full, consecutive management 
seasons, the average observed bycatch rate of harbor porpoises for the 
Mid-Coast, Massachusetts Bay, and Stellwagen Bank Management Areas 
combined exceeds the target harbor porpoise bycatch rate of 0.031 harbor 
porpoises per metric tons of landings.
    (3) Massachusetts Bay Management Area--(i) Area restrictions. From 
November 1 through February 28/29 and from April 1 through May 31, it is 
prohibited to fish with, set, haul back, possess on board a vessel 
unless stowed in accordance with Sec. 229.2, or fail to remove sink 
gillnet gear or gillnet gear capable of catching multispecies from the 
Massachusetts Bay Management Area, unless the gillnet gear is equipped 
with pingers in accordance with paragraphs (b) and (c) of this section. 
From March 1 through March 31, it is prohibited to fish with, set, haul 
back, possess on board a vessel unless stowed in accordance with Sec. 
229.2, or fail to remove sink gillnet gear or gillnet gear capable of 
catching multispecies from the Massachusetts Bay Management Area. These 
restrictions do not apply to vessels fishing with a single pelagic 
gillnet (as described in Sec. 648.81(f)(2)(ii) of this title).
    (ii) Area boundaries. The Massachusetts Bay Management Area is 
bounded by straight lines connecting the following points in the order 
stated:

                    Massachusetts Bay Management Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
MB1............................  42[deg]30.0[min]..  70[deg]50.1[min]
                                                      (MA shoreline)
MB2............................  42[deg]30.0[min]..  70[deg]30.0[min]
MB3............................  42[deg]15.0[min]..  70[deg]30.0[min]
MB4............................  42[deg]15.0[min]..  70[deg]00.0[min]
MB5............................  42[deg]00.0[min]..  70[deg]00.0[min]
MB6............................  42[deg]00.0[min]..  70[deg]01.2[min]
                                                      (MA shoreline)
MB7............................  42[deg]00.0[min]..  70[deg]04.8[min]
                                                      (MA shoreline)
MB8............................  42[deg]00.0[min]..  70[deg]42.2[min]
                                                      (MA shoreline)
------------------------------------------------------------------------

    (iii) Closing procedures. According to paragraphs (d)(1), (d)(3), 
and (d)(4) of this section, NMFS shall close a portion of the 
Massachusetts Bay Management Area (north of 42[deg]15[min] N. lat.) from 
October 1 through November 30 annually by incorporating it into the 
Coastal Gulf of Maine Closure Area if, after two full, consecutive 
management seasons, the average observed bycatch rate of harbor 
porpoises for the Massachusetts Bay, Mid-Coast, and Stellwagen Bank 
Management Areas combined exceeds the target harbor porpoise bycatch 
rate of 0.031 harbor porpoises per metric tons of landings.
    (4) Stellwagen Bank Management Area--(i) Area restrictions. From 
November 1 through May 31, it is prohibited to fish with, set, haul 
back, possess on board a vessel unless stowed in accordance with Sec. 
229.2, or fail to remove sink gillnet gear or gillnet gear capable of 
catching multispecies from the Stellwagen Bank Management Area, unless 
the gillnet gear is equipped with pingers in accordance with paragraphs 
(b) and (c) of this section. This restriction does not apply to vessels 
fishing with a single pelagic gillnet (as described in Sec. 
648.81(f)(2)(ii) of this title).
    (ii) Area boundaries. The Stellwagen Bank Management Area is bounded 
by straight lines connecting the following points in the order stated:

                     Stellwagen Bank Management Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
SB1............................  42[deg]30.0[min]..  70[deg]30.0[min]
SB2............................  42[deg]30.0[min]..  70[deg]15.0[min]
SB3............................  42[deg]15.0[min]..  70[deg]15.0[min]
SB4............................  42[deg]15.0[min]..  70[deg]30.0[min]
SB1............................  42[deg]30.0[min]..  70[deg]30.0[min]
------------------------------------------------------------------------

    (iii) Closing procedures. According to paragraphs (d)(1), (d)(3), 
and (d)(4) of

[[Page 886]]

this section, NMFS shall close the Stellwagen Bank Management Area from 
October 1 through November 30 annually by incorporating it into the 
Coastal Gulf of Maine Closure Area if, after two full, consecutive 
management seasons, the average observed bycatch rate of harbor 
porpoises for the Stellwagen Bank, Mid-Coast, and Massachusetts Bay 
Management Areas combined exceeds the target harbor porpoise bycatch 
rate of 0.031 harbor porpoises per metric tons of landings.
    (5) Southern New England Management Area--(i) Area restrictions. 
From December 1 through May 31, it is prohibited to fish with, set, haul 
back, possess on board a vessel unless stowed in accordance with Sec. 
229.2, or fail to remove sink gillnet gear or gillnet gear capable of 
catching multispecies from the Southern New England Management Area, 
unless the gillnet gear is equipped with pingers in accordance with 
paragraphs (b) and (c) of this section. This prohibition does not apply 
to vessels fishing with a single pelagic gillnet (as described in Sec. 
648.81(f)(2)(ii) of this title).
    (ii) Area boundaries. The Southern New England Management Area is 
bounded by straight lines connecting the following points in the order 
stated:

                  Southern New England Management Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
SNE1...........................  Western boundary as specified \1\.
SNE2...........................  40[deg]00.0[min]..  72[deg]30.0[min]
SNE3...........................  40[deg]00.0[min]..  69[deg]30.0[min]
SNE4...........................  42[deg]15.0[min]..  69[deg]30.0[min]
SNE5...........................  42[deg]15.0[min]..  70[deg]00.0[min]
SNE6...........................  41[deg]58.3[min]..  70[deg]00.0[min]
                                                      (MA shoreline)
------------------------------------------------------------------------
\1\ Bounded on the west by a line running from the Rhode Island
  shoreline at 41[deg]18.2[min] N. lat. and 71[deg]51.5[min] W. long.
  (Watch Hill, RI), southwesterly through Fishers Island, NY, to Race
  Point, Fishers Island, NY; and from Race Point, Fishers Island, NY;
  southeasterly to the intersection of the 3-nautical mile line east of
  Montauk Point; southwesterly along the 3-nautical mile line to the
  intersection of 72[deg]30.0[min] W. long.

    (iii) Closing procedures. According to paragraphs (d)(2), (d)(3), 
and (d)(4) of this section, NMFS shall close two areas (Cape Cod South 
Expansion Closure Area and Eastern Cape Cod Closure Area) within the 
Southern New England Management Area from February 1 through April 30 
annually if, after two full, consecutive management seasons, the average 
observed bycatch rate of harbor porpoises for the Southern New England 
Management Area exceeds the target harbor porpoise bycatch rate of 0.023 
harbor porpoises per metric tons of landings.
    (6) Cape Cod South Closure Area--(i) Area restrictions. From March 1 
through March 31, it is prohibited to fish with, set, haul back, possess 
on board a vessel unless stowed in accordance with Sec. 229.2, or fail 
to remove sink gillnet gear or gillnet gear capable of catching 
multispecies from the Cape Cod South Closure Area. This prohibition does 
not apply to vessels fishing with a single pelagic gillnet (as described 
in Sec. 648.81(f)(2)(ii) of this title).
    (ii) Area boundaries. The Cape Cod South Closure Area is bounded by 
straight lines connecting the following points in the order stated:

                       Cape Cod South Closure Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
CCS1...........................  41[deg]19.6[min]..  71[deg]45.0[min]
                                                      (RI shoreline)
CCS2...........................  40[deg]40.0[min]..  71[deg]45.0[min]
CCS3...........................  40[deg]40.0[min]..  70[deg]30.0[min]
CCS4...........................  41[deg]20.9[min]..  70[deg]30.0[min]
CCS5...........................  41[deg]23.1[min]..  70[deg]30.0[min]
CCS6...........................  41[deg]33.1[min]..  70[deg]30.0[min]
                                                      (MA shoreline)
------------------------------------------------------------------------

    (iii) Closing procedures. According to paragraphs (d)(2), (d)(3), 
and (d)(4) of this section, NMFS shall close the Cape Cod South Closure 
Area and an area to its south (Cape Cod South Expansion Closure Area) 
from February 1 through April 30 annually if, after two full, 
consecutive management seasons, the average observed bycatch rate of 
harbor porpoises for the Southern New England Management Area exceeds 
the target harbor porpoise bycatch rate of 0.023 harbor porpoises per 
metric tons of landings.
    (7) Offshore Management Area--(i) Area restrictions. From November 1 
through May 31, it is prohibited to fish with, set, haul back, possess 
on board a vessel unless stowed in accordance with Sec. 229.2, or fail 
to remove sink gillnet gear or gillnet gear capable of catching 
multispecies from the Offshore Management Area, unless the gillnet gear 
is equipped with pingers in accordance with paragraphs (b) and (c) of 
this section. This restriction does

[[Page 887]]

not apply to vessels fishing with a single pelagic gillnet (as described 
in Sec. 648.81(f)(2)(ii) of this title).
    (ii) Area boundaries. The Offshore Management Area is bounded by 
straight lines connecting the following points in the order stated:

                        Offshore Management Area
------------------------------------------------------------------------
             Point                   N. Lat.              W. Long.
------------------------------------------------------------------------
OFS1..........................  42[deg]50.0[min].  69[deg]30.0[min]
OFS2..........................  43[deg]10.0[min].  69[deg]10.0[min]
OFS3..........................  43[deg]10.0[min].  67[deg]40.0[min]
OFS4..........................  43[deg]05.8[min].  67[deg]40.0[min] (EEZ
                                                    boundary)
OFS5..........................  42[deg]53.1[min].  67[deg]44.5[min] (EEZ
                                                    boundary)
OFS6..........................  42[deg]47.3[min].  67[deg]40.0[min] (EEZ
                                                    boundary)
OFS7..........................  42[deg]10.0[min].  67[deg]40.0[min]
OFS8..........................  42[deg]10.0[min].  69[deg]30.0[min]
OFS1..........................  42[deg]50.0[min].  69[deg]30.0[min]
------------------------------------------------------------------------

    (8) Cashes Ledge Closure Area--(i) Area restrictions. During the 
month of February, it is prohibited to fish with, set, haul back, 
possess on board a vessel unless stowed in accordance with Sec. 229.2, 
or fail to remove sink gillnet gear or gillnet gear capable of catching 
multispecies from the Cashes Ledge Closure Area. This restriction does 
not apply to vessels fishing with a single pelagic gillnet (as described 
in Sec. 648.81(f)(2)(ii) of this title).
    (ii) Area boundaries. The Cashes Ledge Closure Area is bounded by 
straight lines connecting the following points in the order stated:

                        Cashes Ledge Closure Area
------------------------------------------------------------------------
             Point                   N. Lat.              W. Long.
------------------------------------------------------------------------
CL1...........................  42[deg]30.0[min].  69[deg]00.0[min]
CL2...........................  42[deg]30.0[min].  68[deg]30.0[min]
CL3...........................  43[deg]00.0[min].  68[deg]30.0[min]
CL4...........................  43[deg]00.0[min].  69[deg]00.0[min]
CL1...........................  42[deg]30.0[min].  69[deg]00.0[min]
------------------------------------------------------------------------

    (b) Pingers--(1) Pinger specifications. For the purposes of this 
subpart, a pinger is an acoustic deterrent device which, when immersed 
in water, broadcasts a 10 kHz (plus or minus 2 kHz) sound at 132 dB 
(plus or minus 4 dB) re 1 micropascal at 1 m, lasting 300 milliseconds 
(plus or minus 15 milliseconds), and repeating every 4 seconds (plus or 
minus 0.2 seconds).
    (2) Pinger attachment. An operating and functional pinger must be 
attached at each end of a string of gillnets and at the bridle of every 
net, or every 300 feet (91.4 m or 50 fathoms), whichever is closer.
    (c) Pinger training and authorization. The operator of a vessel may 
not fish with, set, haul back, possess on board a vessel unless stowed 
in accordance with Sec. 229.2, or fail to remove sink gillnet gear or 
gillnet gear capable of catching multispecies in closed areas where 
pingers are required as specified under paragraph (b) of this section, 
unless the operator has satisfactorily received pinger training and 
possesses and retains on board the vessel a valid pinger training 
authorization issued by NMFS.
    (d) Annual review for consequence area actions--(1) Coastal Gulf of 
Maine Closure Area--(i) Establishment. If, after two full, consecutive 
management seasons, the calculated average observed bycatch rate of the 
Mid-Coast, Massachusetts Bay, and Stellwagen Bank Management Areas 
exceeds the target bycatch rate of 0.031 harbor porpoises per metric 
tons of landings, the Coastal Gulf of Maine Closure Area shall be 
established.
    (ii) Restrictions. From October 1 through November 30, it will be 
prohibited to fish with, set, haul back, possess on board a vessel 
unless stowed in accordance with Sec. 229.2, or fail to remove sink 
gillnet gear or gillnet gear capable of catching multispecies from the 
Coastal Gulf of Maine Closure Area. This prohibition will not apply to 
vessels fishing with a single pelagic gillnet (as described in Sec. 
648.81(f)(2)(ii) of this title). When the area is open to fishing, the 
requirements of the Mid-Coast (as described in paragraph (a)(2) of this 
section), Massachusetts Bay (as described in paragraph (a)(3) of this 
section), and Stellwagen Bank (as described in paragraph (a)(4) of this 
section) Management Areas will remain in effect.
    (iii) Area boundaries. The Coastal Gulf of Maine Closure Area is 
bounded by straight lines connecting the following points in the order 
stated:

                   Coastal Gulf of Maine Closure Area
------------------------------------------------------------------------
             Point                   N. Lat.              W. Long.
------------------------------------------------------------------------
CGM1..........................  43[deg]33.0[min].  70[deg]15.0[min] (ME
                                                    shoreline)
CGM2..........................  42[deg]15.0[min].  70[deg]15.0[min]

[[Page 888]]

 
CGM3..........................  42[deg]15.0[min].  70[deg]46.0[min] (MA
                                                    shoreline)
------------------------------------------------------------------------

    (2) Cape Cod South Expansion and Eastern Cape Cod Closure Areas--(i) 
Establishment. If, after two full, consecutive management seasons, the 
calculated average observed bycatch rate of the Southern New England 
Management Area exceeds the target bycatch rate of 0.023 harbor 
porpoises per metric tons of landings, the Cape Cod South Expansion 
Closure Area and the Eastern Cape Cod Closure Area shall be established.
    (ii) Restrictions. From February 1 through April 30, it will be 
prohibited to fish with, set, haul back, possess on board a vessel 
unless stowed in accordance with Sec. 229.2, or fail to remove sink 
gillnet gear or gillnet gear capable of catching multispecies from the 
Cape Cod South Expansion Closure Area and the Eastern Cape Cod Closure 
Area. This prohibition will not apply to vessels fishing with a single 
pelagic gillnet (as described in Sec. 648.81(f)(2)(ii) of this title). 
When the areas are open to fishing, the requirements of the Southern New 
England Management Area, as described in paragraph (a)(5) of this 
section, will remain in effect.
    (iii) Area boundaries. (A) The Cape Cod South Expansion Closure Area 
is bounded by straight lines connecting the following points in the 
order stated:

                  Cape Cod South Expansion Closure Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
CCSE1..........................  41[deg]19.6[min]..  71[deg]45.0[min]
                                                      (RI shoreline)
CCSE2..........................  40[deg]00.0[min]..  71[deg]45.0[min]
CCSE3..........................  40[deg]00.0[min]..  70[deg]00.0[min]
CCSE4..........................  40[deg]30.0[min]..  70[deg]00.0[min]
CCSE5..........................  40[deg]30.0[min]..  70[deg]30.0[min]
CCSE6..........................  41[deg]20.9[min]..  70[deg]30.0[min]
CCSE7..........................  41[deg]23.1[min]..  70[deg]30.0[min]
CCSE8..........................  41[deg]33.1[min]..  70[deg]30.0[min]
                                                      (MA shoreline)
------------------------------------------------------------------------

    (B) The Eastern Cape Cod Closure Area is bounded by straight lines 
connecting the following points in the order stated:

                      Eastern Cape Cod Closure Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
ECC1...........................  41[deg]58.3[min]..  70[deg]00.0[min]
                                                      (MA shoreline)
ECC2...........................  42[deg]15.0[min]..  70[deg]00.0[min]
ECC3...........................  42[deg]15.0[min]..  69[deg]30.0[min]
ECC4...........................  41[deg]40.0[min]..  69[deg]30.0[min]
ECC5...........................  41[deg]40.0[min]..  69[deg]56.8[min]
                                                      (MA shoreline)
------------------------------------------------------------------------

    (3) Notification. Upon determining that establishing a consequence 
closure area as described in paragraphs (d)(1) and (d)(2) of this 
section is necessary, NMFS will notify, in advance of the closure, the 
Harbor Porpoise Take Reduction Team and gillnet permit holders through 
mail notification. NMFS will also publish notification in the Federal 
Register and post information on the Harbor Porpoise Take Reduction Plan 
Web site related to the establishment of the closure area(s).
    (4) If any or all of the closure areas discussed in paragraphs 
(d)(1) and (d)(2) are implemented, NMFS will monitor harbor porpoise 
bycatch rates throughout the New England region. The provisions set 
forth in paragraphs (d)(1) and (d)(2) shall remain in effect each year 
after implementation until bycatch levels approach a zero mortality and 
serious injury rate (ZMRG), or until NMFS, in collaboration with the 
Harbor Porpoise Take Reduction Team, develops and implements new 
measures.
    (e) Research permits. An exemption to the requirements set forth in 
this section may be acquired for the purposes of conducting scientific 
or gear research within the restricted areas described in this section. 
A scientific research permit must be acquired through NMFS's existing 
permit application process, administered by NMFS.
    (f) Other special measures. The Assistant Administrator may revise 
the requirements of this section through notification published in the 
Federal Register if:
    (1) NMFS determines that pinger operating effectiveness in the 
commercial gillnet fishery is inadequate to reduce bycatch below the 
stock's PBR level; or
    (2) NMFS determines that the boundary or timing of a closed area is 
inappropriate, or that gear modifications

[[Page 889]]

(including pingers) are not reducing bycatch to below the PBR level.

[75 FR 7396, Feb. 19, 2010]



Sec. 229.34  Harbor Porpoise Take Reduction Plan Regulations--
Mid-Atlantic.

    (a)(1) Regulated waters. The regulations in this section apply to 
all waters in the Mid-Atlantic bounded on the east by 72[deg]30[min] W. 
long. at the southern coast of Long Island, NY at 40[deg]50.1[min] N. 
lat. and on the south by the NC/SC border (33[deg]51.1[min] N. lat.), 
except for the areas exempted in paragraph (a)(2) of this section.
    (2) Exempted waters. The regulations within this section are not 
applicable to waters landward of the first bridge over any embayment, 
harbor, or inlet, or to waters landward of the following lines:

New York
    40[deg]45.70[min] N., 72[deg]45.15[min] W. to 40[deg]45.72[min] N., 
72[deg]45.30[min] W. (Moriches Bay Inlet)
    40[deg]37.32[min] N., 73[deg]18.40[min] W. to 40[deg]38.00[min] N., 
73[deg]18.56[min] W. (Fire Island Inlet)
    40[deg]34.40[min] N., 73[deg]34.55[min] W. to 40[deg]35.08[min] N., 
73[deg]35.22[min] W. (Jones Inlet)
New Jersey/Delaware
    39[deg]45.90[min] N., 74[deg]05.90[min] W. to 39[deg]45.15[min] N., 
74[deg]06.20[min] W. (Barnegat Inlet)
    39[deg]30.70[min] N., 74[deg]16.70[min] W. to 39[deg]26.30[min] N., 
74[deg]19.75[min] W. (Beach Haven to Brigantine Inlet)
    38[deg]56.20[min] N., 74[deg]51.70[min] W. to 38[deg]56.20[min] N., 
74[deg]51.90[min] W. (Cape May Inlet)

    All marine and tidal waters landward of the 72 COLREGS demarcation 
line (International Regulations for Preventing Collisions at Sea, 1972), 
as depicted or noted on nautical charts published by NOAA (Coast Charts 
1:80,000 scale), and as described in 33 CFR part 80. (Delaware Bay)

Maryland/Virginia
    38[deg]19.48[min] N., 75[deg]05.10[min] W. to 38[deg]19.35[min] N., 
75[deg]05.25[min] W. (Ocean City Inlet)

    All marine and tidal waters landward of the 72 COLREGS demarcation 
line (International Regulations for Preventing Collisions at Sea, 1972), 
as depicted or noted on nautical charts published by NOAA (Coast Charts 
1:80,000 scale), and as described in 33 CFR part 80. (Chincoteague to 
Ship Shoal Inlet)

    37[deg]11.10[min] N., 75[deg]49.30[min] W. to 37[deg]10.65[min] N., 
75[deg]49.60[min] W. (Little Inlet)
    37[deg]07.00[min] N., 75[deg]53.75[min] W. to 37[deg]05.30[min] N., 
75[deg]56.[min] W. (Smith Island Inlet)

North Carolina

    All marine and tidal waters landward of the 72 COLREGS demarcation 
line (International Regulations for Preventing Collisions at Sea, 1972), 
as depicted or noted on nautical charts published by NOAA (Coast Charts 
1:80,000 scale), and as described in 33 CFR part 80.
    (b) Restrictions--(1) Waters off New Jersey Management Area. The 
Waters off New Jersey Management Area is bounded by straight lines 
connecting the following points in the order stated:

                  Waters Off New Jersey Management Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
WNJ1...........................  40[deg]50.1[min]..  72[deg]30.0[min]
                                                      (NY shoreline)
WNJ2...........................  38[deg]47.0[min]..  72[deg]30.0[min]
WNJ3...........................  38[deg]47.0[min]..  75[deg]05.0[min]
                                                      (DE shoreline)
------------------------------------------------------------------------

    (i) Closure. From April 1 through April 20, it is prohibited to fish 
with, set, haul back, possess on board a vessel unless stowed in 
accordance with Sec. 229.2, or fail to remove any large mesh gillnet 
gear from the Waters off New Jersey Management Area.
    (ii) Gear limitations and requirements--large mesh gillnet gear. 
From January 1 through April 30, except during April 1 through April 20, 
as described in paragraph (b)(1)(i) of this section, no person may fish 
with, set, haul back, possess on board a vessel unless stowed in 
accordance with Sec. 229.2, or fail to remove any large mesh gillnet 
gear in the Waters off New Jersey Management Area, unless the gear 
complies with the specified gear characteristics described in paragraphs 
(b)(1)(ii)(A) through (F) of this section. During this period, no vessel 
may enter or remain in the Waters off New Jersey Management Area with 
large mesh gillnet gear on board, unless the gear complies with the 
specified gear characteristics described in paragraphs (b)(1)(ii)(A) 
through (F) of this section, or is stowed in accordance with Sec. 
229.2. In order to comply with these specified gear characteristics, the 
gear must have all the following characteristics:

[[Page 890]]

    (A) Floatline length. The floatline is not more than 4,800 ft 
(1,463.0 m).
    (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.44 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel, or deployed by the vessel, does not exceed 80.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 16.
    (F) Tie-down system. The gillnet gear is equipped with tie-downs 
spaced not more than 24 ft (7.3 m) apart along the floatline, and each 
tie-down is not more than 48 inches (18.90 cm) in length from the point 
where it connects to the floatline to the point where it connects to the 
lead line.
    (iii) Gear limitations and requirements--small mesh gillnet gear. 
From January 1 through April 30, no person may fish with, set, haul 
back, possess on board a vessel unless stowed in accordance with Sec. 
229.2, or fail to remove any small mesh gillnet gear in the Waters off 
New Jersey Management Area unless the gear complies with the specified 
gear characteristics described in paragraphs (b)(1)(iii)(A) through (F) 
of this section. During this period, no vessel may enter or remain in 
the Waters off New Jersey Management Area with small mesh gillnet gear 
on board, unless the gear complies with the specified gear 
characteristics described in paragraphs (b)(1)(iii)(A) through (F) of 
this section, or is stowed in accordance with Sec. 229.2. In order to 
comply with these specified gear characteristics, the gear must have all 
the following characteristics:
    (A) Floatline length. The floatline is not more than 3,000 ft (914.4 
m) in length.
    (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.4 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel or deployed by the vessel, does not exceed 45.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 10.
    (F) Tie-down system. Tie-downs are prohibited.
    (2) Mudhole North Management Area. The Mudhole North Management Area 
is bounded by straight lines connecting the following points in the 
order stated:

                      Mudhole North Management Area
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
MN1............................  40[deg]28.1[min]..  74[deg]00.0[min]
                                                      (NJ shoreline)
MN2............................  40[deg]30.0[min]..  74[deg]00.0[min]
MN3............................  40[deg]30.0[min]..  73[deg]20.0[min]
MN4............................  40[deg]05.0[min]..  73[deg]20.0[min]
MN5............................  40[deg]05.0[min]..  74[deg]02.0[min]
                                                      (NJ shoreline)
------------------------------------------------------------------------

    (i) Closures. From February 15 through March 15, it is prohibited to 
fish with, set, haul back, possess on board a vessel unless stowed in 
accordance with Sec. 229.2, or fail to remove any large or small mesh 
gillnet gear from the Mudhole North Management Area. In addition, from 
April 1 through April 20, it is prohibited to fish with, set, haul back, 
possess on board a vessel unless stowed in accordance with Sec. 229.2, 
or fail to remove any large mesh gillnet gear from the Mudhole North 
Management Area.
    (ii) Gear limitations and requirements--large mesh gillnet gear. 
From January 1 through April 30, except during February 15 through March 
15 and April 1 through April 20 as described in paragraph (b)(2)(i) of 
this section, no person may fish with, set, haul back, possess on board 
a vessel unless stowed in accordance with Sec. 229.2, or fail to remove 
any large mesh gillnet gear in the Mudhole North Management Area unless 
the gear complies with the specified gear characteristics described in 
paragraphs (b)(2)(ii)(A) through (F) of this section. During this 
period, no vessel may enter or remain in the Mudhole North Management 
Area with large mesh gillnet gear on board, unless the gear complies 
with the specified gear characteristics described in paragraphs 
(b)(2)(ii)(A) through (F) of this section, or is stowed in accordance 
with Sec. 229.2. In order to comply with these specified

[[Page 891]]

gear characteristics, the gear must have all the following 
characteristics:
    (A) Floatline length. The floatline is not more than 3,900 ft 
(1,188.7 m).
    (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.44 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel or deployed by the vessel, does not exceed 80.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 13.
    (F) Tie-down system. The gillnet gear is equipped with tie-downs 
spaced not more than 24 ft (7.3 m) apart along the floatline, and each 
tie-down is not more than 48 inches (18.90 cm) in length from the point 
where it connects to the floatline to the point where it connects to the 
lead line.
    (iii) Gear limitations and requirements--small mesh gillnet gear. 
From January 1 through April 30, except during February 15 through March 
15 as described in paragraph (b)(2)(i) of this section, no person may 
fish with, set, haul back, possess on board a vessel unless stowed in 
accordance with Sec. 229.2, or fail to remove any small mesh gillnet 
gear in the Mudhole North Management Area unless the gear complies with 
the specified gear characteristics described in paragraphs 
(b)(2)(iii)(A) through (F) of this section. During this period, no 
vessel may enter or remain in the Mudhole North Management Area with 
small mesh gillnet gear on board unless the gear complies with the 
specified gear characteristics described in paragraphs (b)(2)(iii)(A) 
through (F) of this section, or is stowed in accordance with Sec. 
229.2. In order to comply with these specified gear characteristics, the 
gear must have all the following characteristics:
    (A) Floatline length. The floatline is not more than 3,000 ft (914.4 
m) in length.
    (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.4 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel or deployed by the vessel, does not exceed 45.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 10.
    (F) Tie-down system. Tie-downs are prohibited.
    (3) Mudhole South Management Area. The Mudhole South Management Area 
is bounded by straight lines connecting the following points in the 
order stated:

                      Mudhole South Management Area
------------------------------------------------------------------------
              Point                       N. Lat.            W. Long.
------------------------------------------------------------------------
MS1..............................  40[deg]05.0[min]....  73[deg]31.0[min
                                                          ]
MS2..............................  40[deg]05.0[min]....  73[deg]00.0[min
                                                          ]
MS3..............................  39[deg]51.0[min]....  73[deg]00.0[min
                                                          ]
MS4..............................  39[deg]51.0[min]....  73[deg]31.0[min
                                                          ]
MS1..............................  40[deg]05.0[min]....  73[deg]31.0[min
                                                          ]
------------------------------------------------------------------------

    (i) Closures. From February 1 through March 15, it is prohibited to 
fish with, set, haul back, possess on board a vessel unless stowed in 
accordance with Sec. 229.2, or fail to remove any large or small mesh 
gillnet gear in the Mudhole South Management Area. In addition, from 
April 1 through April 20, it is prohibited to fish with, set, haul back, 
possess on board a vessel unless stowed in accordance with Sec. 229.2, 
or fail to remove any large mesh gillnet gear from the Mudhole South 
Management Area.
    (ii) Gear limitations and requirements--large mesh gillnet gear. 
From January 1 through April 30, except during February 1 through March 
15 and April 1 through April 20 as described in paragraph (b)(3)(i) of 
this section, no person may fish with, set, haul back, possess on board 
a vessel unless stowed in accordance with Sec. 229.2, or fail to remove 
any large mesh gillnet gear in the Mudhole South Management Area unless 
the gear complies with the specified gear characteristics described in 
paragraphs (b)(3)(ii)(A) through (F) of this section. During this 
period, no vessel may enter or remain in the Mudhole South Management 
Area with large mesh gillnet gear on board, unless the gear complies 
with the specified gear characteristics described in paragraphs 
(b)(3)(ii)(A) through (F) of this section, or is stowed in accordance 
with Sec. 229.2.

[[Page 892]]

In order to comply with these specified gear characteristics, the gear 
must have all the following characteristics:
    (A) Floatline length. The floatline is not more than 3,900 ft 
(1,188.7 m).
    (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.44 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel or deployed by the vessel, does not exceed 80.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 13.
    (F) Tie-down system. The gillnet gear is equipped with tie-downs 
spaced not more than 24 ft (7.3 m) apart along the floatline, and each 
tie-down is not more than 48 inches (18.90 cm) in length from the point 
where it connects to the floatline to the point where it connects to the 
lead line.
    (iii) Gear limitations and requirements--small mesh gillnet gear. 
From January 1 through April 30 of each year, except during February 1 
through March 15 as described in paragraph (b)(3)(i) of this section, no 
person may fish with, set, haul back, possess on board a vessel unless 
stowed in accordance with Sec. 229.2, or fail to remove any small mesh 
gillnet gear in the Mudhole South Management Area unless the gear 
complies with the specified gear characteristics described in paragraphs 
(b)(3)(iii)(A) through (F) of this section. During this period, no 
vessel may enter or remain in the Mudhole South Management Area with 
small mesh gillnet gear on board unless the gear complies with the 
specified gear characteristics described in paragraphs (b)(3)(iii)(A) 
through (F) of this section, or is stowed in accordance with Sec. 
229.2. In order to comply with these specified gear characteristics, the 
gear must have all the following characteristics:
    (A) Floatline length. The floatline is not more than 3,000 ft (914.4 
m) in length.
    (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.4 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel or deployed by the vessel, does not exceed 45.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 10.
    (F) Tie-down system. Tie-downs are prohibited.
    (4) Southern Mid-Atlantic Management Area. The Southern Mid-Atlantic 
Management Area is bounded by straight lines connecting the following 
points in the order stated:

                  Southern Mid-Atlantic Management Area
------------------------------------------------------------------------
             Point                   N. Lat.              W. Long.
------------------------------------------------------------------------
SMA1..........................  38[deg]47.0[min].  75[deg]05.0[min] (DE
                                                    shoreline)
SMA2..........................  38[deg]47.0[min].  72[deg]30.0[min]
SMA3..........................  33[deg]51.1[min].  72[deg]30.0[min]
SMA4..........................  33[deg]51.1[min].  78[deg]32.5[min] (NC/
                                                    SC border)
------------------------------------------------------------------------

    (i) Closures. From February 15 through March 15, it is prohibited to 
fish with, set, haul back, possess on board a vessel unless stowed in 
accordance with Sec. 229.2, or fail to remove any large mesh gillnet 
gear from the Southern Mid-Atlantic Management Area.
    (ii) Gear limitations and requirements--large mesh gillnet gear. 
From February 1 through April 30, except during February 15 through 
March 15 as described in paragraph (b)(4)(i) of this section, no person 
may fish with, set, haul back, possess on board a vessel unless stowed 
in accordance with Sec. 229.2, or fail to remove any large mesh gillnet 
gear in the Southern Mid-Atlantic Management Area unless the gear 
complies with the specified gear characteristics described in paragraphs 
(b)(4)(ii)(A) through (F) of this section. During this period, no vessel 
may enter or remain in the Southern Mid-Atlantic Management Area with 
large mesh gillnet gear on board, unless the gear complies with the 
specified gear characteristics described in paragraphs (b)(4)(ii)(A) 
through (F) of this section, or is stowed in accordance with Sec. 
229.2. In order to comply with these specified gear characteristics, the 
gear must have all the following characteristics:

[[Page 893]]

    (A) Floatline length. The floatline is not more than 3,900 ft 
(1,188.7 m) in length.
    (B) Twine size. The twine is at least 0.035 inches (0.90 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.4 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel or deployed by the vessel, does not exceed 80.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 13.
    (F) Tie-down system. The gillnet gear is equipped with tie-downs 
spaced not more than 24 ft (7.3 m) apart along the floatline, and each 
tie-down is not more than 48 inches (18.90 cm) in length from the point 
where it connects to the floatline to the point where it connects to the 
lead line.
    (iii) Gear limitations and requirements--small mesh gillnet gear. 
From February 1 through April 30, no person may fish with, set, haul 
back, possess on board a vessel unless stowed in accordance with Sec. 
229.2, or fail to remove any small mesh gillnet gear in the Southern 
Mid-Atlantic Management Area unless the gear complies with the specified 
gear characteristics described in paragraphs (b)(4)(iii)(A) through (F) 
of this section. During this period, no vessel may enter or remain in 
the Southern Mid-Atlantic Management Area with small mesh gillnet gear 
on board, unless the gear complies with the specified gear 
characteristics described in paragraphs (b)(4)(iii)(A) through (F) of 
this section, or is stowed in accordance with Sec. 229.2. In order to 
comply with these specified gear characteristics, the gear must have all 
the following characteristics:
    (A) Floatline length. The floatline is no longer than 2,118 ft 
(645.6 m).
    (B) Twine size. The twine is at least 0.031 inches (0.81 mm) in 
diameter.
    (C) Size of nets. Individual nets or net panels are not more than 
300 ft (91.4 m or 50 fathoms) in length.
    (D) Number of nets. The total number of individual nets or net 
panels for a vessel, including all nets on board the vessel, hauled by 
the vessel or deployed by the vessel, does not exceed 45.
    (E) Number of nets per string. The total number of nets or net 
panels in a net string does not exceed 7.
    (F) Tie-down system. Tie-downs are prohibited.
    (c) Research permits. An exemption to the requirements set forth in 
this section may be acquired for the purposes of conducting scientific 
or gear research within the restricted areas described in this section. 
A scientific research permit must be acquired through NMFS' existing 
permit application process, administered by NMFS.
    (d) Other special measures. The Assistant Administrator may revise 
the requirements of this section through notification published in the 
Federal Register if NMFS determines that the boundary or timing of a 
closed area is inappropriate, or that gear modifications are not 
reducing bycatch to below the stock's PBR level.

[75 FR 7399, Feb. 19, 2010]



Sec. 229.35  Bottlenose Dolphin Take Reduction Plan.

    (a) Purpose and scope. The purpose of this section is to implement 
the Bottlenose Dolphin Take Reduction Plan to reduce incidental 
mortality and serious injury of the western North Atlantic coastal 
bottlenose dolphin stock in specific Category I and Category II 
commercial fisheries from New Jersey through Florida. Specific Category 
I and II commercial fisheries within the scope of the BDTRP are 
identified and updated in the annual List of Fisheries. Gear restricted 
by this section includes small, medium, and large mesh gillnets. The 
geographic scope of the BDTRP is all tidal and marine waters within 6.5 
nautical miles (12 km) of shore from the New York-New Jersey border 
southward to Cape Hatteras, North Carolina, and within 14.6 nautical 
miles (27 km) of shore from Cape Hatteras southward to, and including, 
the east coast of Florida down to the fishery management council 
demarcation line between the Atlantic Ocean and the Gulf of Mexico (as 
described in Sec. 600.105 of this title).
    (b) Definitions. In addition to the definitions contained in the 
Act, Sec. 216.3 and Sec. 229.2 of this chapter, the terms defined in 
this section shall have the following

[[Page 894]]

definitions, even if a contrary definition exists in the Act, Sec. 
216.3, or Sec. 229.2:
    Beach means landward of and including the mean low water line.
    Beach/water interface means the mean low water line.
    Large mesh gillnet means a gillnet constructed with a mesh size 
greater than or equal to 7-inches (17.8 cm) stretched mesh.
    Medium mesh gillnet means a gillnet constructed with a mesh size of 
greater than 5-inches (12.7 cm) to less than 7-inches (17.8 cm) 
stretched mesh.
    New Jersey, Delaware, and Maryland State waters means the area 
consisting of all marine and tidal waters, within 3 nautical miles (5.56 
km) of shore, bounded on the north by 40o 30[min] N. (New York/New 
Jersey border at the coast) and on the south by 38o 01.6[min] N. 
(Maryland/Virginia border at the coast).
    Night means any time between one hour after sunset and one hour 
prior to sunrise.
    Northern North Carolina State waters means the area consisting of 
all marine and tidal waters, within 3 nautical miles (5.56 km) of shore, 
bounded on the north by 36[deg] 33[min] N. (Virginia/North Carolina 
border at the coast) and on the south by 34[deg] 35.4[min] N. (Cape 
Lookout, North Carolina).
    Northern Virginia State waters means the area consisting of all 
marine and tidal waters, within 3 nautical miles (5.56 km) of shore, 
bounded on the north by 38[deg] 01.6[min] N. (Virginia/Maryland border 
at the coast) and on the south by 37[deg] 07.23[min] N. (Cape Charles 
Light on Smith Island in the Chesapeake Bay mouth).
    Small mesh gillnet means a gillnet constructed with a mesh size of 
less than or equal to 5-inches (12.7 cm) stretched mesh.
    South Carolina, Georgia, and Florida waters means the area 
consisting of all marine and tidal waters, within 14.6 nautical miles 
(27 km) of shore, between 33[deg] 52[min] N. (North Carolina/South 
Carolina border at the coast) and the fishery management council 
demarcation line between the Atlantic Ocean and the Gulf of Mexico (as 
described in Sec. 600.105 of this title).
    Southern North Carolina State waters means the area consisting of 
all marine and tidal waters, within 3 nautical miles (5.56 km) of shore, 
bounded on the north by 34[deg] 35.4[min] N. (Cape Lookout, North 
Carolina) and on the south by 33[deg] 52[min] N. (North Carolina/South 
Carolina border at the coast).
    Southern Virginia State waters means the area consisting of all 
marine and tidal waters, within 3 nautical miles (5.56 km) of shore, 
bounded on the north by 37[deg] 07.23[min] N. (Cape Charles Light on 
Smith Island in the Chesapeake Bay mouth) and on the south by 36[deg] 
33[min] N. (Virginia/North Carolina border at the coast).
    (c) Regulated waters. The regulations in this section apply to New 
Jersey, Delaware, and Maryland State waters; Northern North Carolina 
State waters; Northern Virginia State waters; South Carolina, Georgia, 
and Florida waters; Southern North Carolina State waters; and Southern 
Virginia State waters as defined in Sec. 229.35(b), except for the 
waters identified in Sec. 229.34(a)(2), with the following modification 
and addition. From Chincoteague to Ship Shoal Inlet in Virginia (37[deg] 
52[min] N. 75[deg] 24.30[min] W. to 37[deg] 11.90[min] N. 75[deg] 
48.30[min] W) and South Carolina, Georgia, and Florida waters, those 
waters landward of the 72 COLREGS demarcation line (International 
Regulations for Preventing Collisions at Sea, 1972), as depicted or 
noted on nautical charts published by the National Oceanic and 
Atmospheric Administration (Coast Charts 1:80,000 scale), and as 
described in 33 CFR part 80 are excluded from the regulations.
    (d) Regional management measures--(1) New Jersey, Delaware, and 
Maryland State waters''(i) Medium and large mesh. From June 1 through 
October 31, in New Jersey, Delaware, and Maryland State waters, no 
person may fish with any medium or large mesh anchored gillnet gear at 
night unless such person remains within 0.5 nautical mile (0.93 km) of 
the closest portion of each gillnet and removes all such gear from the 
water and stows it on board the vessel before the vessel returns to 
port.
    (ii) [Reserved]
    (2) Virginia state waters--(i) Medium and large mesh. From June 1 
through October 31, in Southern Virginia State waters and Northern 
Virginia State waters, no person may fish with any medium or large mesh 
anchored gillnet

[[Page 895]]

gear at night unless such person remains within 0.5 nautical mile (0.93 
km) of the closest portion of each gillnet and removes all such gear 
from the water and stows it on board the vessel before the vessel 
returns to port.
    (ii) [Reserved]
    (3) Southern Virginia State waters--(i) Large mesh gillnets. From 
November 1 through December 31, in Southern Virginia State waters, no 
person may fish with, possess on board a vessel unless stowed, or fail 
to remove from the water, any large mesh gillnet gear at night.
    (ii) [Reserved]
    (4) Northern North Carolina State waters--(i) Small mesh gillnets. 
From May 1 through October 31, in Northern North Carolina State waters, 
no person may fish with any small mesh gillnet gear longer than 1,000 
feet (304.8 m).
    (ii) Medium mesh gillnets. From November 1 through April 30 of the 
following year, in Northern North Carolina State waters, no person may 
fish with any medium mesh gillnet at night. This provision expires on 
May 26, 2012.
    (iii) Large mesh gillnets. (A) From April 15 through December 15, in 
Northern North Carolina State waters, no person may fish with any large 
mesh gillnet.
    (B) From December 16 through April 14 of the following year, in 
Northern North Carolina State waters, no person may fish with any large 
mesh gillnet without tie-downs at night.
    (5) Southern North Carolina State waters--(i) Medium Mesh Gillnets. 
From November 1 through April 30 of the following year, in Southern 
North Carolina State waters, no person may fish with any medium mesh 
gillnet at night. This provision expires on May 26, 2012.
    (ii) Large mesh gillnets. (A) From April 15 through December 15, in 
Southern North Carolina State waters, no person may fish with any large 
mesh gillnet.
    (B) From December 16 through April 14 of the following year, in 
Southern North Carolina State waters, no person may fish, possess on 
board unless stowed, or fail to remove from the water, any large mesh 
gillnet at night.
    (6) South Carolina, Georgia, and Florida waters--(i) Gillnets. Year-
round, in South Carolina, Georgia, and Florida waters, no person may 
fish with any gillnet gear unless such person remains within 0.25 
nautical miles (0.46 km) of the closest portion of the gillnet. Gear 
shall be removed from the water and stowed on board the vessel before 
the vessel returns to port.
    (ii) [Reserved]

[71 FR 24796, Apr. 26, 2006, as amended at 73 FR 77533, Dec. 19, 2008]



Sec. 229.36  Atlantic Pelagic Longline Take Reduction Plan (PLTRP).

    (a) Purpose and scope. The purpose of this section is to implement 
the PLTRP to reduce incidental mortality and serious injury of long-
finned and short-finned pilot whales and Risso's dolphins in the 
Atlantic pelagic longline fishery off the U.S. east coast, a component 
of the Atlantic Ocean, Caribbean, Gulf of Mexico large pelagics longline 
fishery.
    (1) Persons subject to this section. The regulations in this section 
apply to the owner and operator of any vessel that has been issued or is 
required to be issued an Atlantic HMS tunas, swordfish, or shark permit 
under Sec. 635.4 of this title and that has pelagic longline gear 
onboard as described under Sec. 635.21(c) of this title.
    (2) Geographic scope. The geographic scope of the PLTRP is the 
Atlantic Federal EEZ off the U.S. East Coast. The regulations specified 
in paragraphs (b) through (d) of this section apply throughout the 
Atlantic Federal EEZ off the U.S. East Coast. The regulation specified 
in paragraph (e) of this section applies to all U.S. Atlantic pelagic 
longline vessels operating in the EEZ portion of the Mid-Atlantic Bight.
    (b) Definitions. In addition to the definitions contained in the 
MMPA and Sec. Sec. 216.3 and 229.2 of this chapter, the following 
definitions apply.
    (1) Cape Hatteras Special Research Area (CHSRA) means all waters 
inside and including the rectangular boundary described by the following 
lines: 35[deg] N. lat., 75[deg] W. long., 36[deg] 25' N. lat., and 
74[deg] 35' W. long.
    (2) Mid-Atlantic Bight means the area bounded by straight lines 
connecting

[[Page 896]]

the mid-Atlantic states' internal waters and extending to 71[deg] W. 
long. between 35[deg] N. lat. and 43[deg] N. lat.
    (3) Observer means an individual authorized by NMFS, or a designated 
contractor, placed aboard a commercial fishing vessel to record 
information on marine mammal interactions, fishing operations, marine 
mammal life history information, and other scientific data; to collect 
biological specimens; and to perform other scientific investigations.
    (4) Pelagic longline has the same meaning as in Sec. 635.2 of this 
title.
    (c) Marine Mammal Handling and Release Placard. The placard, 
``Marine Mammal Handling/Release Guidelines: A Quick Reference for 
Atlantic Pelagic Longline Gear,'' must be kept posted inside the 
wheelhouse and on the working deck. You may contact the NMFS Southeast 
Regional Office at (727) 824-5312 to request additional copies of the 
placard.
    (d) CHSRA--(1) Special observer requirements. If you deploy or fish 
with pelagic longline gear in the CHSRA, or intend to do so, you must 
call NMFS Southeast Fisheries Science Center (SEFSC), 1-888-254-2558, at 
least 48 hours, but no more than 96 hours, prior to embarking on your 
fishing trip. This requirement is in addition to any existing selection 
and notification requirement for observer coverage by the Pelagic 
Observer Program. If, upon calling in, you are informed by the NMFS 
SEFSC that no observer will be assigned and that no special research 
requirements will apply for that trip, then you need not wait until your 
stated date and time of departure and may depart on your fishing trip 
immediately. If you are assigned an observer, you must take the observer 
during that fishing trip. If you do not take the observer, you are 
prohibited from deploying or fishing with pelagic longline gear in the 
CHSRA for that fishing trip. You must comply with all provisions of 
Sec. 229.7, Monitoring of incidental mortalities and serious injuries. 
In addition, all provisions of 50 CFR 600.746, Observers, apply. No 
waivers will be granted under Sec. 229.7(c)(3) or Sec. 600.746(f). A 
vessel that would otherwise be required to carry an observer, but is 
inadequate or unsafe for purposes of carrying an observer and for 
allowing operation of normal observer functions, is prohibited from 
deploying or fishing with pelagic longline gear in the CHSRA.
    (2) Special research requirements. In addition to observing normal 
fishing activities, observers may conduct additional scientific 
investigations aboard your vessel designed to support the goals of the 
PLTRP. The observer will inform you of the specific additional 
investigations that may be conducted during your trip. An observer may 
direct you to modify your fishing behavior, gear, or both. Instead of 
carrying an observer, you may be required to carry and deploy gear 
provided by NMFS or an observer or modify your fishing practices. By 
calling in per Sec. 229.36(d)(1), you are agreeing to take an observer. 
You are also acknowledging you are both willing and able to participate 
in research, as per this paragraph, in the CHSRA consistent with the 
PLTRP without any compensation. If you are assigned any special research 
requirements, you must participate in the research for the duration of 
the assignment. If you do not participate in the research, you are 
prohibited from deploying or fishing with pelagic longline gear in the 
CHSRA for that fishing trip.
    (3) Exception for transit. If pelagic longline gear is appropriately 
stowed, a vessel may transit through the CHSRA without meeting the 
observer and research requirements specified in Sec. 229.36(d)(1) and 
Sec. 229.36(d)(2). For the purpose of this paragraph, transit means 
non-stop progression through the area. Pelagic longline gear is 
appropriately stowed if all gangions, hooks, and buoys are disconnected 
from the mainline; hooks are not baited; longline left on the drum is 
covered with a tarp; and all other gear components are either stowed 
below deck or secured on deck and covered with a tarp.
    (e) Gear restrictions. No person may deploy a pelagic longline that 
exceeds 20 nautical miles (nm) (37.04 km) in length in the Mid-Atlantic 
Bight, including in the CHSRA, unless they have a written letter of 
authorization from the Director, NMFS Southeast Fishery Science Center 
to use a pelagic

[[Page 897]]

longline exceeding 20 nm (37.04 km) in the CHSRA in support research for 
reducing bycatch of marine mammals in the pelagic longline fishery.

[74 FR 23358, May 19, 2009]



   Sec. Figure 1 to Part 229--Drift Gillnet Pinger Configuration and 
                          Extender Requirements
[GRAPHIC] [TIFF OMITTED] TR22JA99.001


[64 FR 3434, Jan. 22, 1999]

[[Page 898]]



                          SUBCHAPTER D_WHALING





PART 230_WHALING PROVISIONS--Table of Contents



Sec.
230.1 Purpose and scope.
230.2 Definitions.
230.3 General prohibitions.
230.4 Aboriginal subsistence whaling.
230.5 Licenses for aboriginal subsistence whaling.
230.6 Quotas and other restrictions.
230.7 Salvage of stinkers.
230.8 Reporting by whaling captains.

    Authority: 16 U.S.C. 916 et seq.

    Source: 61 FR 29631, June 11, 1996, unless otherwise noted.



Sec. 230.1  Purpose and scope.

    The purpose of the regulations in this part is to implement the 
Whaling Convention Act (16 U.S.C. 916 et seq.) by prohibiting whaling 
except for aboriginal subsistence whaling allowed by the International 
Whaling Commission. Provisions of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1361 et seq.) and the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) also pertain to human interactions with whales. 
Rules elsewhere in this chapter govern such topics as scientific 
research permits, and incidental take and harassment of marine mammals.



Sec. 230.2  Definitions.

    Aboriginal subsistence whaling means whaling authorized by paragraph 
13 of the Schedule annexed to and constituting a part of the Convention.
    Assistant Administrator means the Assistant Administrator for 
Fisheries of the National Oceanic and Atmospheric Administration.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the U.S. Coast 
Guard;
    (2) Any special agent or enforcement officer of the National Marine 
Fisheries Service;
    (3) Any officer designated by the head of a Federal or state agency 
that has entered into an agreement with the Secretary of Commerce or the 
Commandant of the Coast Guard to enforce the provisions of the Whaling 
Convention Act; or
    (4) Any Coast Guard personnel accompanying and acting under the 
direction of any person described in paragraph (1) of this definition.
    Calf means any whale less than 1 year old or having milk in its 
stomach.
    Commission means the International Whaling Commission established by 
article III of the Convention.
    Convention means the International Convention for the Regulation of 
Whaling signed at Washington on December 2, 1946.
    Cooperative agreement means a written agreement between the National 
Oceanic and Atmospheric Administration and a Native American whaling 
organization for the cooperative management of aboriginal subsistence 
whaling operations.
    Landing means bringing a whale or any parts thereof onto the ice or 
land in the course of whaling operations.
    Native American whaling organization means an entity recognized by 
the National Oceanic and Atmospheric Administration as representing and 
governing Native American whalers for the purposes of cooperative 
management of aboriginal subsistence whaling.
    Regulations of the Commission means the regulations in the Schedule 
annexed to and constituting a part of the Convention, as modified, 
revised, or amended by the Commission from time to time.
    Stinker means a dead, unclaimed whale found upon a beach, stranded 
in shallow water, or floating at sea.
    Strike means hitting a whale with a harpoon, lance, or explosive 
device.
    Wasteful manner means a method of whaling that is not likely to 
result in the landing of a struck whale or that does not include all 
reasonable efforts to retrieve the whale.
    Whale products means any unprocessed part of a whale and blubber, 
meat, bones, whale oil, sperm oil, spermaceti, meal, and baleen.
    Whaling means the scouting for, hunting, striking, killing, 
flensing, or landing of a whale, and the processing of whales or whale 
products.

[[Page 899]]

    Whaling captain or captain means any Native American who is 
authorized by a Native American whaling organization to be in charge of 
a vessel and whaling crew.
    Whaling crew means those Native Americans under the control of a 
captain.
    Whaling village means any U.S. village recognized by the Commission 
as having a cultural and/or subsistence need for whaling.



Sec. 230.3  General prohibitions.

    (a) No person shall engage in whaling in a manner that violates the 
Convention, any regulation of the Commission, or this part.
    (b) No person shall engage in whaling without first having obtained 
a license or scientific research permit issued by the Assistant 
Administrator.
    (c) No person shall ship, transport, purchase, sell, offer for sale, 
import, export, or possess any whale or whale products taken or 
processed in violation of the Convention, any regulation of the 
Commission, or this part, except as specified in Sec. 230.4(f).
    (d) No person shall fail to make, keep, submit, or furnish any 
record or report required of him/her by the Convention, any regulation 
of the Commission, or this part.
    (e) No person shall refuse to permit any authorized officer to 
enforce the Convention, any regulation of the Commission, or this part.



Sec. 230.4  Aboriginal subsistence whaling.

    (a) No person shall engage in aboriginal subsistence whaling, except 
a whaling captain licensed pursuant to Sec. 230.5 or a member of a 
whaling crew under the control of a licensed captain.
    (b) No whaling captain shall engage in whaling that is not in 
accordance with the regulations of the Commission, this part, and the 
relevant cooperative agreement.
    (c) No whaling captain shall engage in whaling for any calf or any 
whale accompanied by a calf.
    (d) No whaling captain shall engage in whaling without an adequate 
crew or without adequate supplies and equipment.
    (e) No person may receive money for participation in aboriginal 
subsistence whaling.
    (f) No person may sell or offer for sale whale products from whales 
taken in an aboriginal subsistence hunt, except that authentic articles 
of Native handicrafts may be sold or offered for sale.
    (g) No whaling captain shall continue to whale after:
    (1) The quota set for his/her village by the relevant Native 
American whaling organization is reached;
    (2) The license under which he/she is whaling is suspended as 
provided in Sec. 230.5(b); or
    (3) The whaling season for that species has been closed pursuant to 
Sec. 230.6.
    (h) No whaling captain shall claim domicile in more than one whaling 
village.
    (i) No person may salvage a stinker without complying with the 
provisions of Sec. 230.7.
    (j) No whaling captain shall engage in whaling with a harpoon, 
lance, or explosive dart that does not bear a permanent distinctive mark 
identifying the captain as the owner thereof.
    (k) No whaling captain shall engage in whaling in a wasteful manner.



Sec. 230.5  Licenses for aboriginal subsistence whaling.

    (a) A license is hereby issued to whaling captains identified by the 
relevant Native American whaling organization.
    (b) The Assistant Administrator may suspend the license of any 
whaling captain who fails to comply with the regulations in this part.



Sec. 230.6  Quotas and other restrictions.

    (a) Quotas for aboriginal subsistence whaling shall be set in 
accordance with the regulations of the Commission. Quotas shall be 
allocated to each whaling village or captain by the appropriate Native 
American whaling organization. The Assistant Administrator shall publish 
in the Federal Register, at least annually, aboriginal subsistence 
whaling quotas and any other limitations on aboriginal subsistence 
whaling deriving from regulations of the Commission. These quotas and 
restrictions shall also be incorporated in the relevant cooperative 
agreements.

[[Page 900]]

    (b) The relevant Native American whaling organization shall monitor 
the whale hunt and keep tally of the number of whales landed and struck. 
When a quota is reached, the organization shall declare the whaling 
season closed, and there shall be no further whaling under that quota 
during the calendar year. If the organization fails to close the whaling 
season after the quota has been reached, the Assistant Administrator may 
close it by filing notification in the Federal Register.



Sec. 230.7  Salvage of stinkers.

    (a) Any person salvaging a stinker shall submit to the Assistant 
Administrator or his/her representative an oral or written report 
describing the circumstances of the salvage within 12 hours of such 
salvage. He/she shall provide promptly to the Assistant Administrator or 
his/her representative each harpoon, lance, or explosive dart found in 
or attached to the stinker. The device shall be returned to the owner 
thereof promptly, unless it is retained as evidence of a possible 
violation.
    (b) There shall be a rebuttable presumption that a stinker has been 
struck by the captain whose mark appears on the harpoon, lance, or 
explosive dart found in or attached thereto, and, if no strike has been 
reported by such captain, such strike shall be deemed to have occurred 
at the time of recovery of the device.



Sec. 230.8  Reporting by whaling captains.

    (a) The relevant Native American whaling organization shall require 
each whaling captain licensed pursuant to Sec. 230.5 to provide a 
written statement of his/her name and village of domicile and a 
description of the distinctive marking to be placed on each harpoon, 
lance, and explosive dart.
    (b) Each whaling captain shall provide to the relevant Native 
American whaling organization an oral or written report of whaling 
activities including but not limited to the striking, attempted 
striking, or landing of a whale and, where possible, specimens from 
landed whales. The Assistant Administrator is authorized to provide 
technological assistance to facilitate prompt reporting and collection 
of specimens from landed whales, including but not limited to ovaries, 
ear plugs, and baleen plates. The report shall include at least the 
following information:
    (1) The number, dates, and locations of each strike, attempted 
strike, or landing.
    (2) The length (taken as the straight-line measurement from the tip 
of the upper jaw to the notch between the tail flukes) and the sex of 
the whales landed.
    (3) The length and sex of a fetus, if present in a landed whale.
    (4) An explanation of circumstances associated with the striking or 
attempted striking of any whale not landed.
    (c) If the relevant Native American whaling organization fails to 
provide the National Marine Fisheries Service the required reports, the 
Assistant Administrator may require the reports to be submitted by the 
whaling captains directly to the National Marine Fisheries Service.



 SUBCHAPTER E_TRANSPORTATION AND LABELING OF FISH OR WILDLIFE [RESERVED]



[[Page 901]]



                      SUBCHAPTER F_AID TO FISHERIES





PART 253_FISHERIES ASSISTANCE PROGRAMS--Table of Contents



                            Subpart A_General

Sec.
253.1 Purpose.

                   Subpart B_Fisheries Finance Program

253.10 General definitions.
253.11 General FFP credit standards and requirements.
253.12 Credit application.
253.13 Initial investigation and approval.
253.14 Loan documents.
253.15 Recourse against other parties.
253.16 Actual cost.
253.17 Insurance.
253.18 Closing.
253.19 Dual-use CCF.
253.20 Fees.
253.21 Demand by guaranteed noteholder and payment.
253.22 Program operating guidelines.
253.23 Default and liquidation.
253.24 Enforcement violations and adverse actions.
253.25 Other administrative requirements.
253.26 Traditional loans.
253.27 IFQ financing.
253.28 Halibut sablefish IFQ loans.
253.29 CDQ loans.
253.30 Crab IFQ loans.
253.31-253.49 [Reserved]

                 Subpart C_Interjurisdictional Fisheries

253.50 Definitions.
253.51 Apportionment.
253.52 State projects.
253.53 Other funds.
253.54 Administrative requirements.

    Authority: 46 U.S.C. 53701 and 16 U.S.C. 4101 et seq.

    Source: 75 FR 78623, Dec. 16, 2010, unless otherwise noted.



Sec. 253.1  Purpose.

    (a) The regulations in this part pertain to fisheries assistance 
programs. Subpart B of this part governs the Fisheries Finance Program 
(FFP or the Program), which makes capacity neutral long-term direct 
fisheries and aquaculture loans. The FFP conducts all credit 
investigations, makes all credit determinations and holds and services 
all credit collateral.
    (b) Subpart C of this part implements Public Law 99-659 (16 U.S.C. 
4100 et seq.), which has two objectives:
    (1) Promote and encourage State activities in support of the 
management of interjurisdictional fishery resources identified in 
interstate or Federal fishery management plans; and
    (2) Promote and encourage management of interjurisdictional fishery 
resources throughout their range.
    (3) The scope of this part includes guidance on making financial 
assistance awards to States or Interstate Commissions to undertake 
projects in support of management of interjurisdictional fishery 
resources in both the executive economic zone (EEZ) and State waters, 
and to encourage States to enter into enforcement agreements with either 
the Department of Commerce or the Department of the Interior.



                   Subpart B_Fisheries Finance Program



Sec. 253.10  General definitions.

    The terms used in this subpart have the following meanings:
    Act means Chapter 537 of Title 46 of the U.S. Code, (46 U.S.C. 
53701-35), as may be amended from time to time.
    Actual cost means the sum of all amounts for a project paid by an 
obligor (or related person), as well as all amounts that the Program 
determines the obligor will become obligated to pay, as such amounts are 
calculated by Sec. 253.16.
    Applicant means the individual or entity applying for a loan (the 
prospective obligor).
    Application means the documents provided to or requested by NMFS 
from an applicant to apply for a loan.
    Application fee means 0.5 percent of the dollar amount of financing 
requested.
    Approval in principle letter (AIP) means a written communication 
from NMFS to the applicant expressing the

[[Page 902]]

agency's commitment to provide financing for a project, subject to all 
applicable regulatory and Program requirements and in accordance with 
the terms and conditions contained in the AIP.
    Aquaculture facility means land, structures, appurtenances, 
laboratories, water craft built in the U.S., and any equipment used for 
the hatching, caring for, or growing fish, under controlled 
circumstances for commercial purposes, as well as the unloading, 
receiving, holding, processing, or distribution of such fish.
    Capital Construction Fund (CCF), as described under 46 U.S.C. 53501-
17, allows owners of eligible vessels to reserve capital for replacement 
vessels, additional vessels, reconstruction of vessels, or reconstructed 
vessels, built in the United States and documented under the laws of the 
United States, for operation in the fisheries of the United States.
    Captain means a vessel operator or a vessel master.
    Charter fishing means fishing from a vessel carrying a ``passenger 
for hire,'' as defined in 46 U.S.C. 2101(21a), such passenger being 
engaged in recreational fishing, from whom consideration is provided as 
a condition of carriage on the vessel, whether directly or indirectly 
flowing to the owner, charterer, operator, agent, or any other person 
having an interest in the vessel.
    Citizen means a ``citizen of the United States,'' as described in 46 
U.S.C. 104, or an entity who is a citizen for the purpose of documenting 
a vessel in the coastwise trade under 46 U.S.C. 50501.
    Crewman means any individual, other than a captain, a passenger for 
hire, or a fisheries observer working on a vessel that is engaged in 
fishing.
    Demand means a noteholder's request that a debtor or guarantor pay a 
note's full principal and interest balance.
    Facility means a fishery or an aquaculture facility.
    Fish means finfish, mollusks, crustaceans and all other forms of 
aquatic animal and plant life, other than marine mammals and birds.
    Fisheries harvest authorization means any transferable permit, 
license or other right, approval, or privilege to engage in fishing.
    Fishery facility means land, land structures, water craft that do 
not engage in fishing, and equipment used for transporting, unloading, 
receiving, holding, processing, preserving, or distributing fish for 
commercial purposes (including any water craft used for charter 
fishing).
    Fishing means:
    (1) The catching, taking, or harvesting of fish;
    (2) The attempted catching, taking, or harvesting of fish;
    (3) Any other activity which can reasonably be expected to result in 
the catching, taking, or harvesting of fish;
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1) through (3) of this section.
    (5) Fishing does not include any scientific research activity which 
is conducted by a scientific research vessel.
    Fishing industry for the purposes of this part, means the broad 
sector of the national economy comprised of persons or entities that are 
engaged in or substantially associated with fishing, including 
aquaculture, charter operators, guides, harvesters, outfitters, 
processors, suppliers, among others, without regard to the location of 
their activity or whether they are engaged in fishing for wild stocks or 
aquaculture.
    Guarantee means a guarantor's contractual promise to repay 
indebtedness if an obligor fails to repay as agreed.
    Guarantee fee means one percent of a guaranteed note's average 
annual unpaid principal balance.
    Guaranteed note means a promissory note from an obligor to a 
noteholder, the repayment of which the United States guarantees.
    IFQ means Individual Fishing Quota, which is a Federal permit under 
a limited access system to harvest a quantity of fish, expressed by a 
unit or units representing a percentage of the total allowable catch of 
a fishery that may be received or held for exclusive use by a person. 
IFQ does not include community development quotas.
    Noteholder means a guaranteed note payee.
    Obligor means a party primarily liable for payment of the principal 
of or

[[Page 903]]

interest on an obligation, used interchangeably with the terms ``note 
payor'' or ``notemaker.''
    Origination year means the year in which an application for a loan 
is accepted for processing.
    Program means the Fisheries Finance Program, Financial Services 
Division, National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, U.S. Department of Commerce.
    Project means:
    (1) The refinancing or construction of a new fishing vessel or the 
financing or refinancing of a fishery or aquaculture facility or the 
refurbishing or purchase of an existing vessel or facility, including, 
but not limited to, architectural, engineering, inspection, delivery, 
outfitting, and interest costs, as well as the cost of any consulting 
contract the Program requires;
    (2) The purchase or refinance of any limited access privilege, IFQ, 
fisheries access right, permit, or other fisheries harvest 
authorization, for which the actual cost of the purchase of such 
authorization would be eligible under the Act for direct loans;
    (3) Activities (other than fishing capacity reduction, as set forth 
in part 600.1000 of this title) that assist in the transition to reduced 
fishing capacity;
    (4) Technologies or upgrades designed to improve collection and 
reporting of fishery-dependent data, to reduce bycatch, to improve 
selectivity or reduce adverse impacts of fishing gear, or to improve 
safety; or
    (5) Any other activity that helps develop the U.S. fishing industry, 
including, but not limited to, measures designed or intended to improve 
a vessel's fuel efficiency, to increase fisheries exports, to develop an 
underutilized fishery, or to enhance financial stability, financial 
performance, growth, productivity, or any other business attribute 
related to fishing or fisheries.
    RAM means the Restricted Access Management division in the Alaska 
Regional Office of NMFS or the office that undertakes the duties of this 
division to issue or manage quota shares.
    Refinancing means newer debt that either replaces older debt or 
reimburses applicants for previous expenditures.
    Refinancing/assumption fee means a one time fee assessed on the 
principal amount of an existing FFP note to be refinanced or assumed.
    Refurbishing means any reconstruction, reconditioning, or other 
improvement of existing vessels or facilities, but does not include 
routine repairs or activities characterized as maintenance.
    Security documents mean all documents related to the collateral 
securing the U.S. Note's repayment and all other assurances, 
undertakings, and contractual arrangements associated with financing or 
guarantees provided by NMFS.
    Underutilized fishery means any stock of fish (a) harvested below 
its optimum yield or (b) limited to a level of harvest or cultivation 
below that corresponding to optimum yield by the lack of aggregate 
facilities.
    U.S. means the United States of America and, for citizenship 
purposes, includes the fifty states, Commonwealth of Puerto Rico, 
American Samoa, the Territory of the U.S. Virgin Islands, Guam, the 
Republic of the Marshal Islands, the Federated States of Micronesia, the 
Commonwealth of the Northern Mariana Islands, and any other 
commonwealth, territory, or possession of the United States, or any 
political subdivision of any of them.
    U.S. Note means a promissory note payable by the obligor to the 
United States.
    Useful life means the period during which project property will, as 
determined by the Program, remain economically productive.
    Vessel means any vessel documented under U.S. law and used for 
fishing.
    Wise use means the development, advancement, management, 
conservation, and protection of fishery resources, that is not 
inconsistent with the National Standards for Fishery Conservation and 
Management (16 U.S.C. 1851) and any other relevant criteria, as may be 
specified in applicable statutes, regulations, Fishery Management Plans, 
or NMFS guidance.

[[Page 904]]



Sec. 253.11  General FFP credit standards and requirements.

    (a) Principal. Unless explicitly stated otherwise in these 
regulations or applicable statutes, the amount of any loan may not 
exceed 80 percent of actual cost, as such term is described in Sec. 
253.16; provided that the Program may approve an amount that is less, in 
accordance with its credit determination.
    (b) Interest rate. Each loan's annual interest rate will be 2 
percent greater than the U.S. Department of Treasury's cost of borrowing 
public funds of an equivalent maturity at the time the loan closes.
    (c) Ability and experience requirements. An obligor and the majority 
of its principals must demonstrate the ability, experience, resources, 
character, reputation, and other qualifications the Program deems 
necessary for successfully operating the project property and protecting 
the Program's interest in the project.
    (d) Lending restrictions. Unless it can document that unique or 
extraordinary circumstances exist, the Program will not provide 
financing:
    (1) For venture capital purposes; or
    (2) To an applicant who cannot document successful fishing industry 
ability and experience of a duration, degree, and nature that the 
Program deems necessary to successfully repay the requested loan.
    (e) Income and expense projections. The Program, using conservative 
income and expense projections for the project property's operation, 
must determine that projected net earnings can service all debt, 
properly maintain the project property, and protect the Program's 
interest against risks of loss, including the industry's cyclical 
economics.
    (f) Working capital. The Program must determine that a project has 
sufficient initial working capital to achieve net earnings projections, 
fund all foreseeable contingencies, and protect the Program's interest 
in the project. In making its determination, the Program will use a 
conservative assessment of an applicant's financial condition, and at 
the Program's discretion, some portion of projected working capital 
needs may be met by something other than current assets minus 
liabilities (i.e., by a line or letter of credit, non-current assets 
readily capable of generating working capital, a guarantor with 
sufficient financial resources, etc.).
    (g) Audited financial statements. Audited financial statements will 
ordinarily be required for any obligor with large or financially complex 
operations, as determined by the program, whose financial condition the 
Program believes cannot be otherwise assessed with reasonable certainty.
    (h) Consultant services. Expert consulting services may be necessary 
to help the Program assess a project's economic, technical, or financial 
feasibility. The Program will notify the applicant if an expert is 
required. The Program will select and employ the necessary consultant, 
but require the applicant to reimburse the Program for any fees charged 
by the consultant. In the event that an application requires expert 
consulting services, the loan will not be closed until the applicant 
fully reimburses the Program for the consulting fees. This cost may, at 
the Program's discretion, be included in the amount of the note. For a 
declined application, the Program may reimburse itself from the 
application fee as described in Sec. 253.12, including any portion 
known as the commitment fee that could otherwise be refunded to the 
applicant.
    (i) Property inspections. The Program may require adequate condition 
and valuation inspection of all property used as collateral as the basis 
for assessing the property's worth and suitability for lending. The 
Program may also require these at specified periods during the life of 
the loan. These must be conducted by competent and impartial inspectors 
acceptable to the Program. Inspection cost(s) will be at an applicant's 
expense. Those occurring before application approval may be included in 
actual cost, as actual cost is described in Sec. 253.16.
    (j) Collateral. The Program shall have first lien(s) on all primary 
project property pledged as collateral. The Program, at its discretion, 
may request additional collateral and will consider any additional 
collateral in its credit determinations.
    (k) No additional liens. All primary project property pledged as 
collateral,

[[Page 905]]

including any additional collateral, shall be free of additional liens, 
unless the Program, at the request of the applicant, expressly waives 
this requirement in writing.
    (l) General FFP credit standards apply. Unless explicitly stated 
otherwise in these rules, all FFP direct lending is subject to the above 
general credit standards and requirements found in Sec. Sec. 253.12 
through 253.30. The Program may adjust collateral, guarantee and other 
requirements to reflect individual credit risks.
    (m) Adverse legal proceedings. The Program, at its own discretion, 
may decline or hold in abeyance any loan approval or disbursement(s) to 
any applicant found to have outstanding lawsuits, citations, hearings, 
liabilities, appeals, sanctions or other pending actions whose negative 
outcome could significantly impact, in the opinion of the Program, the 
financial circumstances of the applicant.



Sec. 253.12  Credit application.

    (a) Applicant. (1) An applicant must be a U.S. citizen and be 
eligible to document a vessel in the coastwise trade: and
    (2) Only the legal title holder of project property, or its parent 
company (or the lessee of an appropriate long-term lease) may apply for 
a loan; and
    (3) An applicant and the majority of its principals must generally 
have the ability, experience, resources, character, reputation, and 
other qualifications the Program deems necessary for successfully 
operating, utilizing, or carrying out the project and protecting the 
Program's interest; and
    (4) Applicants should apply to the appropriate NMFS Regional 
Financial Services Branch to be considered.
    (b) Application fee. An application fee of 0.5 percent of the dollar 
amount of an application is due when the application is formally 
accepted. Upon submission, 50 percent of the application fee, known as 
the ``filing fee,'' is non-refundable; the remainder, known as the 
``commitment fee,'' may be refunded if the Program declines an 
application or an applicant withdraws its application before the Program 
issues an AIP letter, as described in Sec. 253.13(e). The Program will 
not issue an AIP letter if any of the application fee remains unpaid. No 
portion of the application fee shall be refunded once the Program issues 
an AIP letter.
    (c) False statement. A false statement on an application is grounds 
for denial or termination of funds, grounds for possible punishment by a 
fine or imprisonment as provided in 18 U.S.C. 1001 and an event of a 
security default.



Sec. 253.13  Initial investigation and approval.

    (a) The Program shall undertake a due diligence investigation of 
every application it receives to determine if, in the Program's sole 
judgment, the application is both:
    (1) Eligible for a loan because it meets applicable loan 
requirements; and
    (2) Qualified for a loan because the project is deemed an acceptable 
credit risk.
    (b) The Program will approve eligible and qualified applicants by 
evaluating the information obtained during the application and 
investigation process.
    (c) Among other investigations, applicants may be subject to a 
background check, fisheries violations check and credit review. 
Background checks are intended to reveal if any key individuals 
associated with the applicant have been convicted of or are presently 
facing criminal charges such as fraud, theft, perjury, or other matters 
which significantly reflect on the applicant's honesty or financial 
integrity.
    (d) The Program, at its own discretion, may decline or delay 
approval of any loans or disbursements to any applicant found to have 
outstanding citations, notices of violations, or other pending legal 
actions or unresolved claims.
    (e) The Program may place any terms and conditions on such approvals 
that the Program, in its sole discretion, deems necessary and 
appropriate.
    (f) Credit decision. (1) The Program shall issue to approved 
applicants an AIP letter, which shall describe the terms and conditions 
of the loan, including (but not limited to) loan amounts, maturities, 
additional collateral, repayment sources or guarantees.

[[Page 906]]

Such terms and conditions are at the Program's sole discretion and shall 
also be incorporated in security documents that the Program prepares. An 
applicant's non-acceptance of any terms and conditions may result in an 
applicant's disqualification.
    (2) Any application the Program deems ineligible or unqualified will 
be declined.



Sec. 253.14  Loan documents.

    (a) U.S. Note. (1) The U.S. Note will be in the form the Program 
prescribes.
    (2) The U.S. Note evidences the obligor's indebtedness to the United 
States.
    (i) For financing approved after October 11, 1996, the U.S. Note 
evidences the obligor's actual indebtedness to the U.S.; and
    (ii) For financing originating before October 11, 1996, that 
continues to be associated with a Guaranteed Note, the U.S. Note shall 
evidence the obligor's actual indebtedness to the U.S. upon the 
Program's payment of any or all of the sums due under the Guaranteed 
Note or otherwise disbursed on the obligor's behalf.
    (iii) The U.S. Note will, among other things, contain provisions to 
add to its principal balance all amounts the Program advances or incurs, 
including additional interest charges and costs incurred to protect its 
interest or accommodate the obligor.
    (3) The U.S. Note shall be assignable by the Program, at its sole 
discretion.
    (b) Security documents. (1) Each security document will be in the 
form the Program prescribes.
    (2) The Program will, at a minimum, require the pledge of adequate 
collateral, generally in the form of a security interest or mortgage 
against all property associated with a project or security as otherwise 
required by the Program.
    (3) The Program will require such other security as it deems 
necessary and appropriate, given the circumstances of each obligor and 
the project.
    (4) The security documents will, among other things, contain 
provisions to secure the repayment of all additional amounts the Program 
advances or incurs to protect its interest or accommodate the obligor, 
including additional interest charges and fees.



Sec. 253.15  Recourse against parties.

    (a) Form. Recourse by borrowers or guarantors may be by a repayment 
guarantee, irrevocable letter of credit, additional tangible or 
intangible collateral, or other form acceptable to the Program.
    (b) Principals accountable. The principal parties in interest, who 
ultimately stand most to benefit from the project, will ordinarily be 
held financially accountable for the project's performance. The Program 
may require recourse against:
    (1) All major shareholders of a closely-held corporate obligor;
    (2) The parent corporation of a subsidiary corporate obligor;
    (3) The related business entities of the obligor if the Program 
determines that the obligor lacks substantial pledged assets other than 
the project property or is otherwise lacking in any credit factor 
required to approve the application;
    (4) Any or all major limited partners;
    (5) Non-obligor spouses of applicants or obligors in community 
property states; and/or
    (6) Against any others it deems necessary to protect its interest.
    (c) Recourse against parties. Should the Program determine that a 
secondary means of repayment from other sources is necessary (including 
the net worth of parties other than the obligor), the Program may 
require secured or unsecured recourse against any such secondary 
repayment sources.
    (d) Recourse unavailable. Where appropriate recourse is unavailable, 
the conservatively projected net liquidating value of the obligor's 
assets (as such assets are pledged to the Program) must, in the 
Program's credit judgment, substantially exceed all projected Program 
exposure or other risks of loss.



Sec. 253.16  Actual cost.

    Actual cost shall be determined as follows:
    (a) The actual cost of a vessel shall be the sum of:
    (1) The total cost of the project depreciated on a straight-line 
basis, over

[[Page 907]]

the project property's useful life, using a 10-percent salvage value; 
and
    (2) The current market value of appurtenant limited access 
privileges or transferable limited access privileges vested in the name 
of the obligor, the subject vessel or their owners, provided that such 
privileges are utilized by or aboard the subject vessel and will be 
pledged as collateral for the subject FFP financing.
    (b) The actual cost of a facility shall be the sum of:
    (1) The total cost of the project, not including land, depreciated 
on a straightline basis over the Project Property's useful life, using a 
10-percent salvage value;
    (2) The current market value of the land that will be pledged as 
collateral for the subject FFP financing, provided that such land is 
utilized by the facility; and
    (3) The net present value of the payments due under a long term 
lease of land or marine use rights, provided that they meet the 
following requirements:
    (i) The project property must be located at such leased space or 
directly use such marine use rights;
    (ii) Such lease or marine use right must have a duration the Program 
deems sufficient; and
    (iii) The lease or marine use right must be assigned to the Program 
such that the Program may foreclose and transfer such lease to another 
party.
    (c) The actual cost of a transferable limited access privilege shall 
be determined as follows:
    (1) For financing the purchase of limited access privileges, the 
actual cost shall be the purchase cost.
    (2) For refinancing limited access privileges, the actual cost shall 
be the current market value.
    (d) The actual cost of any Project that includes any combination of 
items described in paragraphs (a), (b) or (c) of this section shall be 
the sum of such calculations.



Sec. 253.17  Insurance.

    (a) All insurable collateral property and other risks shall be 
continuously insured so long as any balance of principal or interest on 
a Program loan or guarantee remains outstanding.
    (b) Insurers must be acceptable to the Program.
    (c) Insurance must be in such forms and amounts and against such 
risks the Program deems necessary to protect the United States' 
interest.
    (d) Insurance must be endorsed to include the requirements the 
Program deems necessary and appropriate.
    (1) Normally and as appropriate, the Program will be named as an 
additional insured, mortgagee, or loss payee, for the amount of its 
interest; any waiver of this requirement must be in writing;
    (2) Cancellation will require adequate advance written notice;
    (3) The Program will be adequately protected against other insureds' 
breaches of policy warranties, negligence, omission, etc., in the case 
of marine insurance, vessel seaworthiness will be required;
    (4) The insured must provide coverage for any other risk or casualty 
the Program may require.



Sec. 253.18  Closing.

    (a) Approval in principle letters. Every closing will be in strict 
accordance with a final approval in principle letter.
    (b) Contracts. Promissory notes, security documents, and any other 
documents the Program may require will be on standard Program forms that 
may not be altered without Program written approval. The Program will 
ordinarily prepare all contracts, except certain pledges involving real 
property or other matters involving local law, which will be prepared by 
each obligor's attorney at the direction and approval of the Program.
    (c) Additional requirements. At its discretion the Program may 
require services from applicant's attorneys, other contractors or 
agents. Real property services required from an applicant's attorney or 
agent may include, but are not limited to: Title search, title 
insurance, mortgage and other document preparation, document execution 
and recording, escrow and disbursement, and legal opinions and other 
assurances. The Program will notify the applicant in advance if any such 
services

[[Page 908]]

are required of the applicant's attorneys, contractors or other agents. 
Applicants are responsible for all attorney's fees, as well as those of 
any other private contractor. Attorneys and other contractors must be 
satisfactory to the Program.
    (d) Closing schedules. The Program will not be liable for adverse 
interest-rate fluctuations, loss of commitments, or other consequences 
of an inability by any of the parties to meet the closing schedule.



Sec. 253.19  Dual-use CCF.

    The Program may require the pledge of a CCF account or annual 
deposits of some portion of the project property's net income into a 
dual-use CCF. A dual-use CCF provides the normal CCF tax-deferral 
benefits, but also gives the Program control of CCF withdrawals, 
recourse against CCF deposits, ensures an emergency refurbishing reserve 
(tax-deferred) for project property, and provides additional collateral.



Sec. 253.20  Fees.

    (a) Application fee. See Sec. Sec. 253.10 and 253.12(b).
    (b) Guarantee fee. For existing Guaranteed Loans, an annual 
guarantee fee will be due in advance and will be based on the guaranteed 
note's repayment provisions for the prospective year. The first annual 
guarantee fee is due at guarantee closing. Each subsequent guarantee fee 
is due and payable on the guarantee closing's anniversary date. Each is 
fully earned when due, and shall not subsequently be refunded for any 
reason.
    (c) Refinancing or assumption fee. The Program will assess a fee of 
one quarter of one (1) percent of the note to be refinanced or assumed. 
This fee is due upon application for refinancing or assumption of a 
guaranteed or direct loan. Upon submission, the fee shall be non-
refundable. The Program may waive a refinancing or assumption fee's 
payment when the refinancing or assumption's primary purpose will 
benefit the United States.
    (d) Where payable. Fees are payable by check to ``U.S. Department of 
Commerce/NOAA.'' Other than those collected at application or closing, 
fees are payable by mailing checks to the ``U.S. Department of Commerce, 
National Oceanic and Atmospheric Administration, National Marine 
Fisheries Service,'' to such address as the Program may designate. To 
ensure proper crediting, each check should include the official case 
number the Program assigns.



Sec. 253.21  Demand by guaranteed noteholder and payment.

    Every demand by the guaranteed noteholder must be delivered in 
writing to the Program and must include the noteholder's certified 
record of the date and amount of each payment made on the guaranteed 
note and the manner of its application. The only period during which a 
guaranteed noteholder can make demand for a payment default begins on 
the thirty-first day of the payment default and continues through the 
ninetieth day of a payment default. The noteholder must possess evidence 
of the demand's timely delivery.



Sec. 253.22  Program operating guidelines.

    The Program may issue policy and administrative guidelines, as the 
need arises.



Sec. 253.23  Default and liquidation.

    Upon default under the terms of any note, guarantee, security 
agreement, mortgage, or other security document the Program shall take 
remedial actions including, but not limited to, where appropriate, 
retaking or arrest of collateral, foreclosure, restructuring, debarment, 
referral for debt collection, or liquidation as it deems best able to 
protect the U.S. Government's interest.



Sec. 253.24  Enforcement violations and adverse actions.

    (a) Compliance with applicable law. All applicants and Program 
participants shall comply with applicable law.
    (b) Applicant disqualification. (1) Any issuance of any citation or 
Notice of Violation and Assessment by NMFS enforcement or other 
enforcement authority may constitute grounds for the Program to:
    (i) Delay application or approval processing;
    (ii) Delay loan closing;

[[Page 909]]

    (iii) Delay disbursement of loan proceeds;
    (iv) Disqualify an applicant or obligor; or
    (v) Declare default.
    (2) The Program will not approve loans or disburse funds to any 
applicant found to have an outstanding, final and unappealable fisheries 
fine or other unresolved penalty until either: Such fine is paid or 
penalty has been resolved; or the applicant enters into an agreement to 
pay the penalty and makes all payments or installments as they are due. 
Failure to pay or resolve any such fine or penalty in a reasonable 
period of time will result in the applicant's disqualification.
    (c) Foreclosure in addition to other penalties. In the event that a 
person with an outstanding balance on a Program loan or guarantee 
violates any ownership, lease, use, or other provision of applicable 
law, such person may be subject to foreclosure of property, in addition 
to any fines, sanctions, or other penalties.



Sec. 253.25  Other administrative requirements.

    (a) Debt Collection Act. In accordance with the provisions of the 
Debt Collection Improvement Act of 1996, a person may not obtain any 
Federal financial assistance in the form of a loan (other than a 
disaster loan) or loan guarantee if the person has an outstanding debt 
(other than a debt under the Internal Revenue Code of 1986) with any 
Federal agency which is in a delinquent status, as determined under 
standards prescribed by the Secretary of the Treasury.
    (b) Certifications. Applicants must submit a completed Form CD-511, 
``Certifications Regarding Debarment, Suspension and Other 
Responsibility Matters; Drug-Free Workplace Requirements and Lobbying,'' 
or its equivalent or successor form, if any.
    (c) Taxpayer identification. An applicant classified for tax 
purposes as an individual, limited liability company, partnership, 
proprietorship, corporation, or legal entity is required to submit along 
with the application a taxpayer identification number (TIN) (social 
security number, employer identification number as applicable, or 
registered foreign organization number). Recipients who either fail to 
provide their TIN or provide an incorrect TIN may have application 
processing or funding suspended until the requirement is met.
    (d) Audit inquiry. An audit of a Program loan may be conducted at 
any time. Auditors, selected at the discretion of the Program or other 
agency of the United States, shall have access to any and all books, 
documents, papers and records of the obligor or any other party to a 
financing that the auditor(s) deem(s) pertinent, whether written, 
printed, recorded, produced or reproduced by any mechanical, magnetic or 
other process or medium.
    (e) Paperwork Reduction Act. The application requirements contained 
in these rules have been approved under OMB control number 0648-0012. 
The applications for the halibut/sablefish QS crew member eligibility 
certificate have been approved under OMB control number 0648-0272. 
Notwithstanding any other provisions of law, no person is required to 
respond to, nor shall any person be subject to a penalty for failure to 
comply with, a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.



Sec. 253.26  Traditional loans.

    (a) Eligible projects. Financing or refinancing up to 80 percent of 
a project's actual cost shall be available to any citizen who is 
determined to be eligible and qualified under the Act and these rules, 
except--
    (1) The Program will not finance the cost of new vessel 
construction.
    (2) The Program will not finance a vessel refurbishing project that 
materially increases an existing vessel's harvesting capacity.
    (b) Financing or refinancing. (1) Projects, other than those 
specified in paragraphs (a) (1) and (a)(2) of this section, may be 
financed, as well as refinanced.
    (2) Notwithstanding paragraph (a)(1) of this section, the Program 
may refinance the construction cost of a vessel whose construction cost 
has already been financed (or otherwise paid) prior to the submission of 
a loan application.

[[Page 910]]

    (3) Notwithstanding paragraph (a)(2) of this section, the Program 
may refinance the refurbishing cost of a vessel whose initial 
refurbishing cost has already been financed (or otherwise paid) prior to 
the submission of a loan application.
    (4) The Program may finance or refinance the purchase or 
refurbishment of any vessel or facility for which the Secretary has:
    (i) Accelerated and/or paid outstanding debts or obligations;
    (ii) Acquired; or
    (iii) Sold at foreclosure.
    (c) Existing vessels and facilities. The Program may finance the 
purchase of an existing vessel or existing fishery facility if such 
vessel or facility will be refurbished in the United States and will be 
used in the fishing industry.
    (d) Fisheries modernization. Notwithstanding any of this part, the 
Program may finance or refinance any:
    (1) Activities that assist in the transition to reduced fishing 
capacity; or
    (2) Technologies or upgrades designed to:
    (i) Improve collection and reporting of fishery-dependent data;
    (ii) Reduce bycatch;
    (iii) Improve selectivity;
    (iv) Reduce adverse impacts of fishing gear; or
    (v) Improve safety.
    (e) Guaranty transition. Upon application by the obligor, any 
guaranteed loans originated prior to October 11, 1996, may be refinanced 
as direct loans, regardless of the original purpose of the guaranteed 
loan.
    (f) Maturity. Maturity may not exceed 25 years, but shall not exceed 
the project property's useful life. The Program, at its sole discretion, 
may set a shorter maturity period.
    (g) Credit standards. Traditional loans are subject to all Program 
general credit standards and requirements. Collateral, guarantee and 
other requirements may be adjusted in accordance with the Program's 
assessment of individual credit risks.



Sec. 253.27  IFQ financing.

    The Program may finance or refinance the project cost of purchasing, 
including the reimbursement of obligors for expenditures previously made 
for purchasing, individual fishing quotas in accordance with the 
applicable sections of the Magnuson-Stevens Fishery Conservation and 
Management Act or any other statute.



Sec. 253.28  Halibut sablefish IFQ loans.

    (a) Specific definitions. For the purposes of this section, the 
following definitions apply:
    (1) Entry-level fishermen means fishermen who do not own any IFQ in 
the year they apply for a loan.
    (2) Fishermen who fish from small vessels means fishermen wishing to 
purchase IFQ for use on Category B, Category C, or Category D vessels, 
but who do not own, in whole or in part, any Category A or Category B 
vessels, as such vessels are defined in 50 CFR 679.40(a)(5) of this 
title.
    (3) Halibut sablefish quota share means a halibut or sablefish 
permit, the face amount of which is used as the basis for the annual 
calculation of a person's halibut or sablefish IFQ, also abbreviated as 
``HSQS'' or ``halibut/sablefish QS.''
    (4) Halibut/Sablefish IFQ means the annual catch limit of halibut or 
sablefish that may be harvested by a person who is lawfully allocated 
halibut or sablefish quota share, a harvest privilege for a specific 
portion of the total allowable catch of halibut or sablefish.
    (b) Entry level fishermen. The Program may finance up to 80 percent 
of the cost of purchasing HSQS by an entry level fisherman who:
    (1) Does not own any halibut/sablefish QS during the origination 
year;
    (2) Applies for a loan to purchase a quantity of halibut/sablefish 
QS that is not greater than the equivalent of 8,000 lb. (3,628.7 kg) of 
IFQ during the origination year;
    (3) Possesses the appropriate transfer eligibility documentation 
duly issued by RAM for HSQS;
    (4) Intends to be present aboard the vessel, as may be required by 
applicable regulations; and
    (5) Meets all other Program eligibility, qualification, lending and 
credit requirements.
    (c) Fishermen fishing from small vessels. The Program may finance up 
to 80 percent of the cost of purchasing HSQS by a fisherman who fishes 
from a small

[[Page 911]]

vessel, provided that any such fisherman shall:
    (1) Apply for a loan to purchase halibut or sablefish QS for use on 
vessel Categories B, C, or D, as defined under 50 CFR 679.40(a)(5) of 
this title;
    (2) Not own an aggregate quantity of halibut/sablefish QS (including 
the loan QS) of more than the equivalent of 50,000 lb. (22,679.6 kg) of 
IFQ during the origination year;
    (3) Not own, in whole or in part, directly or indirectly (including 
through stock or other ownership interest) any vessel of the type that 
would have been assigned Category A or Category B HSQS under 50 CFR 
679.40(a)(5);
    (4) Possess the appropriate transfer eligibility documentation duly 
issued by the RAM for HSQS;
    (5) Intend to be present aboard the vessel, as may be required by 
applicable regulations, as IFQ associated with halibut/sablefish QS 
financed by the loan is harvested; and
    (6) Meet all other Program eligibility, qualification, lending and 
credit requirements.
    (d) Refinancing. (1) The Program may refinance any existing debts 
associated with HSQS an applicant currently holds, provided that--
    (i) The HSQS being refinanced would have been eligible for Program 
financing at the time the applicant purchased it, and
    (ii) The applicant meets the Program's applicable lending 
requirements.
    (2) The refinancing is in an amount up to 80 percent of HSQS' 
current market value; however, the Program will not disburse any amount 
that exceeds the outstanding principal balance, plus accrued interest 
(if any), of the existing HSQS debt being refinanced.
    (3) In the event that the current market value of HSQS and principal 
loan balance do not meet the 80 percent requirement in paragraph (d)(2) 
of this section, applicants seeking refinancing may be required to 
provide additional down payment.
    (e) Maturity. Loan maturity may not exceed 25 years, but may be 
shorter depending on credit and other considerations.
    (f) Repayment. Repayment will be by equal quarterly installments of 
principal and interest.
    (g) Security. Although quota share(s) will be the primary collateral 
for a HSQS loan, the Program may require additional security pledges to 
maintain the priority of the Program's security interest. The Program, 
at its option, may also require all parties with significant ownership 
interests to personally guarantee loan repayment for any applicant that 
is a corporation, partnership, or other entity. Subject to the Program's 
credit risk determination, some projects may require additional 
security, collateral, or credit enhancement.
    (h) Crew member transfer eligibility certification. The Program will 
accept RAM certification as proof that applicants are eligible to hold 
HSQS. The application of any person determined by RAM to be unable to 
receive such certification will be declined. Applicants who fail to 
obtain appropriate transfer eligibility certification within 45 working 
days of the date of application may lose their processing priority.
    (i) Program credit standards. HSQS loans, regardless of purpose, are 
subject to all Program general credit standards and requirements. 
Collateral, guarantee and other requirements may be adjusted to 
individual credit risks.



Sec. 253.29  CDQ loans.

    (a) FFP actions. The Program may finance or refinance up to 80 
percent of a project's actual cost.
    (b) Eligible projects. Eligible projects include the purchase of all 
or part of ownership interests in fishing or processing vessels, 
shoreside fish processing facilities, permits, quota, and cooperative 
rights in any of the Bering Sea and Aleutian Islands fisheries.
    (c) Eligible entities. The following communities, in accordance with 
applicable law and regulations are eligible to participate in the loan 
program:
    (1) The villages of Akutan, Atka, False Pass, Nelson Lagoon, 
Nikolski, and Saint George through the Aleutian Pribilof Island 
Community Development Association.
    (2) The villages of Aleknagik, Clark's Point, Dillingham, Egegik, 
Ekuk,

[[Page 912]]

Ekwok, King Salmon/Savonoski, Levelock, Manokotak, Naknek, Pilot Point, 
Port Heiden, Portage Creek, South Naknek, Togiak, Twin Hills, and 
Ugashik through the Bristol Bay Economic Development Corporation.
    (3) The village of Saint Paul through the Central Bering Sea 
Fishermen's Association.
    (4) The villages of Chefornak, Chevak, Eek, Goodnews Bay, Hooper 
Bay, Kipnuk, Kongiganak, Kwigillingok, Mekoryuk, Napakiak, Napaskiak, 
Newtok, Nightmute, Oscarville, Platinum, Quinhagak, Scammon Bay, Toksook 
Bay, Tuntutuliak, and Tununak through the Coastal Villages Region Fund.
    (5) The villages of Brevig Mission, Diomede, Elim, Gambell, Golovin, 
Koyuk, Nome, Saint Michael, Savoonga, Shaktoolik, Stebbins, Teller, 
Unalakleet, Wales, and White Mountain through the Norton Sound Economic 
Development Corporation.
    (6) The villages of Alakanuk, Emmonak, Grayling, Kotlik, Mountain 
Village, and Nunam Iqua through the Yukon Delta Fisheries Development 
Association.
    (7) Any new groups established by applicable law.
    (d) Loan terms. (1) CDQ loans may have terms up to thirty years, but 
shall not exceed the project property's useful life. The Program, at its 
sole discretion, may set a shorter maturity period.
    (2) CDQ loans are subject to all Program general credit standards 
and requirements. Collateral, guarantee and other requirements may be 
adjusted to individual credit risks.



Sec. 253.30  Crab IFQ loans.

    (a) Specific definitions. For the purposes of this section, the 
following definitions apply:
    (1) Crab means those crab species managed under the Fishery 
Management Plan for Bering Sea/Aleutian Island (BSAI) King and Tanner 
Crab.
    (2) Crab FMP means the Fishery Management Plan for BSAI King and 
Tanner Crab.
    (3) Crab quota share means a BSAI King and Tanner Crab permit, the 
base amount of which is used as a basis for the annual calculation of a 
person's Crab IFQ, also abbreviated as ``Crab QS.''
    (b) Crab captains or crewmen. The Program may finance up to 80 
percent of the cost of purchasing Crab QS by a citizen:
    (1) Who is or was:
    (i) A captain of a crab fishing vessel, or
    (ii) A crew member of a crab fishing vessel;
    (2) Who has been issued the appropriate documentation of eligibility 
by RAM;
    (3) Whose aggregate holdings of QS will not exceed any limit on Crab 
QS holdings that may be in effect in the Crab FMP implementing 
regulations or applicable statutes in effect at the time of loan 
closing; and will not hold either individually or collectively, based on 
the initial QS pool, as published in 50 CFR Part 680, Table 8; and
    (4) Who, at the time of initial application, meets all other 
applicable eligibility requirements to fish for crab or hold Crab QS 
contained in the Crab FMP implementing regulations or applicable 
statutes in effect at the time of loan closing.
    (c) Refinancing. (1) The Program may refinance any existing debts 
associated with Crab QS that an applicant currently holds, provided 
that:
    (i) The Crab QS being refinanced would have been eligible for 
Program financing at the time the applicant purchased it;
    (ii) The applicant meets the Program's applicable lending 
requirements; and
    (iii) The applicant would meet the requirements found in the Crab 
FMP implementing regulations at the time any such refinancing loan would 
close.
    (2) The Program may refinance an amount up to 80 percent of Crab 
QS's current market value; however, the Program will not disburse any 
amount that exceeds the outstanding principal balance, plus accrued 
interest (if any), of the existing Crab QS debt being refinanced.
    (3) In the event that the current market value of Crab QS and 
current principal balance do not meet the 80 percent requirement in 
paragraph (c)(2) of

[[Page 913]]

this section, applicants seeking refinancing may be required to provide 
additional down payment.
    (d) Maturity. Loan maturity may not exceed 25 years, but may be 
shorter depending on credit and other considerations.
    (e) Repayment. Repayment schedules will be set by the loan 
documents.
    (f) Security. Although the quota share will be the primary 
collateral for a Crab QS loan, the Program may require additional 
security pledges to maintain the priority of the Program's security 
interest. The Program, at its option, may also require all parties with 
significant ownership interests to personally guarantee loan repayment 
for any applicant that is a corporation, partnership, or other entity. 
Subject to the Program's credit risk determination, some projects may 
require additional security, collateral, or credit enhancement.
    (g) Crew member transfer eligibility certification. The Program will 
accept RAM transfer eligibility certification as proof that applicants 
are eligible to hold Crab QS. The application of any person determined 
by RAM to be unable to receive such certification will be declined. 
Applicants who fail to obtain appropriate transfer eligibility 
certification within 45 working days of the date of application may lose 
their processing priority.
    (h) Crab Quota Share Ownership Limitation. A program obligor must 
comply with all applicable maximum amounts, as may be established by 
NMFS regulations, policy or North Pacific Fishery Management Council 
action.
    (i) Program credit standards. Crab QS loans are subject to all 
Program general credit standards and requirements. Collateral, guarantee 
and other requirements may be adjusted to individual credit risks.



Sec. Sec. 253.31--253.49  [Reserved]



                 Subpart C_Interjurisdictional Fisheries



Sec. 253.50  Definitions.

    The terms used in this subpart have the following meanings:
    Act means the Interjurisdictional Fisheries Act of 1986, Public Law 
99-659 (Title III).
    Adopt means to implement an interstate fishery management plan by 
State action or regulation.
    Commercial fishery failure means a serious disruption of a fishery 
resource affecting present or future productivity due to natural or 
undetermined causes. It does not include either:
    (1) The inability to harvest or sell raw fish or manufactured and 
processed fishery merchandise; or
    (2) Compensation for economic loss suffered by any segment of the 
fishing industry as the result of a resource disaster.
    Enforcement agreement means a written agreement, signed and dated, 
between a state agency and either the Secretary of the Interior or 
Secretary of Commerce, or both, to enforce Federal and state laws 
pertaining to the protection of interjurisdictional fishery resources.
    Federal fishery management plan means a plan developed and approved 
under the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    Fisheries management means all activities concerned with 
conservation, restoration, enhancement, or utilization of fisheries 
resources, including research, data collection and analysis, monitoring, 
assessment, information dissemination, regulation, and enforcement.
    Fishery resource means finfish, mollusks, and crustaceans, and any 
form of marine or Great Lakes animal or plant life, including habitat, 
other than marine mammals and birds.
    Interjurisdictional fishery resource means:
    (1) A fishery resource for which a fishery occurs in waters under 
the jurisdiction of one or more states and the U.S. Exclusive Economic 
Zone; or
    (2) A fishery resource for which an interstate or a Federal fishery 
management plan exists; or
    (3) A fishery resource which migrates between the waters under the 
jurisdiction of two or more States bordering on the Great Lakes.

[[Page 914]]

    Interstate Commission means a commission or other administrative 
body established by an interstate compact.
    Interstate compact means a compact that has been entered into by two 
or more states, established for purposes of conserving and managing 
fishery resources throughout their range, and consented to and approved 
by Congress.
    Interstate Fisheries Research Program means research conducted by 
two or more state agencies under a formal interstate agreement.
    Interstate fishery management plan means a plan for managing a 
fishery resource developed and adopted by the member states of an 
Interstate Marine Fisheries Commission, and contains information 
regarding the status of the fishery resource and fisheries, and 
recommends actions to be taken by the States to conserve and manage the 
fishery resource.
    Landed means the first point of offloading fishery resources.
    NMFS Regional Director means the Director of any one of the five 
National Marine Fisheries Service regions.
    Project means an undertaking or a proposal for research in support 
of management of an interjurisdictional fishery resource or an 
interstate fishery management plan.
    Research means work or investigative study, designed to acquire 
knowledge of fisheries resources and their habitat.
    Secretary means the Secretary of Commerce or his/her designee.
    State means each of the several states, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
Guam, or the Commonwealth of the Northern Mariana Islands.
    State agency means any department, agency, commission, or official 
of a state authorized under the laws of the State to regulate commercial 
fisheries or enforce laws relating to commercial fisheries.
    Value means the monetary worth of fishery resources used in 
developing the apportionment formula, which is equal to the price paid 
at the first point of landing.
    Volume means the weight of the fishery resource as landed, at the 
first point of landing.



Sec. 253.51  Apportionment.

    (a) Apportionment formula. The amount of funds apportioned to each 
state is to be determined by the Secretary as the ratio which the 
equally weighted average of the volume and value of fishery resources 
harvested by domestic commercial fishermen and landed within such state 
during the 3 most recent calendar years for which data satisfactory to 
the Secretary are available bears to the total equally weighted average 
of the volume and value of all fishery resources harvested by domestic 
commercial fishermen and landed within all of the states during those 
calendar years.
    (1) The equally weighted average value is determined by the 
following formula:
[GRAPHIC] [TIFF OMITTED] TR16DE10.000

[GRAPHIC] [TIFF OMITTED] TR16DE10.001

    (2) Upon appropriation of funds by Congress, the Secretary will take 
the following actions:
    (i) Determine each state's share according to the apportionment 
formula.
    (ii) Certify the funds to the respective NMFS Regional Director.
    (iii) Instruct NMFS Regional Directors to promptly notify states of 
funds' availability.

[[Page 915]]

    (b) No state, under the apportionment formula in paragraph (a) of 
this section, that has a ratio of one-third of 1 percent or higher may 
receive an apportionment for any fiscal year that is less than 1 percent 
of the total amount of funds available for that fiscal year.
    (c) If a State's ratio under the apportionment formula in paragraph 
(b) of this section is less than one-third of 1 percent, that state may 
receive funding if the state:
    (1) Is signatory to an interstate fishery compact;
    (2) Has entered into an enforcement agreement with the Secretary 
and/or the Secretary of the Interior for a fishery that is managed under 
an interstate fishery management plan;
    (3) Borders one or more of the Great Lakes;
    (4) Has entered into an interstate cooperative fishery management 
agreement and has in effect an interstate fisheries management plan or 
an interstate fisheries research Program; or
    (5) Has adopted a Federal fishery management plan for an 
interjurisdictional fishery resource.
    (d) Any state that has a ratio of less than one-third of 1 percent 
and meets any of the requirements set forth in paragraphs (c)(1) through 
(5) of this section may receive an apportionment for any fiscal year 
that is not less than 0.5 percent of the total amount of funds available 
for apportionment for such fiscal year.
    (e) No state may receive an apportionment under this section for any 
fiscal year that is more than 6 percent of the total amount of funds 
available for apportionment for such fiscal year.
    (f) Unused apportionments. Any part of an apportionment for any 
fiscal year to any state:
    (1) That is not obligated during that year;
    (2) With respect to which the state notifies the Secretary that it 
does not wish to receive that part; or
    (3) That is returned to the Secretary by the state, may not be 
considered to be appropriated to that state and must be added to such 
funds as are appropriated for the next fiscal year. Any notification or 
return of funds by a state referred to in this section is irrevocable.



Sec. 253.52  State projects.

    (a) General--(1) Designation of state agency. The Governor of each 
state shall notify the Secretary of which agency of the state government 
is authorized under its laws to regulate commercial fisheries and is, 
therefore, designated receive financial assistance awards. An official 
of such agency shall certify which official(s) is authorized in 
accordance with state law to commit the state to participation under the 
Act, to sign project documents, and to receive payments.
    (2) States that choose to submit proposals in any fiscal year must 
so notify the NMFS Regional Director before the end of the third quarter 
of that fiscal year.
    (3) Any state may, through its state agency, submit to the NMFS 
Regional Director a completed NOAA Grants and Cooperative Agreement 
Application Package with its proposal for a project, which may be 
multiyear. Proposals must describe the full scope of work, 
specifications, and cost estimates for such project.
    (4) States may submit a proposal for a project through, and request 
payment to be made to, an Interstate Fisheries Commission. Any payment 
so made shall be charged against the apportionment of the appropriate 
state(s). Submitting a project through one of the Commissions does not 
remove the matching funds requirement for any state, as provided in 
paragraph (c) of this section.
    (b) Evaluation of projects. The Secretary, before approving any 
proposal for a project, will evaluate the proposal as to its 
applicability, in accordance with 16 U.S.C. 4104(a)(2).
    (c) State matching requirements. The Federal share of the costs of 
any project conducted under this subpart, including a project submitted 
through an Interstate Commission, cannot exceed 75 percent of the total 
estimated cost of the project, unless:
    (1) The state has adopted an interstate fishery management plan for 
the fishery resource to which the project applies; or
    (2) The state has adopted fishery regulations that the Secretary has 
determined are consistent with any Federal

[[Page 916]]

fishery management plan for the species to which the project applies, in 
which case the Federal share cannot exceed 90 percent of the total 
estimated cost of the project.
    (d) Financial assistance award. If the Secretary approves or 
disapproves a proposal for a project, he or she will promptly give 
written notification, including, if disapproved, a detailed explanation 
of the reason(s) for the disapproval.
    (e) Restrictions. (1) The total cost of all items included for 
engineering, planning, inspection, and unforeseen contingencies in 
connection with any works to be constructed as part of such a proposed 
project shall not exceed 10 percent of the total cost of such works, and 
shall be paid by the state as a part of its contribution to the total 
cost of the project.
    (2) The expenditure of funds under this subpart may be applied only 
to projects for which a proposal has been evaluated under paragraph (b) 
of this section and approved by the Secretary, except that up to $25,000 
each fiscal year may be awarded to a state out of the state's regular 
apportionment to carry out an ``enforcement agreement.'' An enforcement 
agreement does not require state matching funds.
    (f) Prosecution of work. All work must be performed in accordance 
with applicable state laws or regulations, except when such laws or 
regulations are in conflict with Federal laws or regulations such that 
the Federal law or regulation prevails.



Sec. 263.53  Other funds.

    (a) Funds for disaster assistance. (1) The Secretary shall retain 
sole authority in distributing any disaster assistance funds made 
available under section 308(b) of the Act. The Secretary may distribute 
these funds after he or she has made a thorough evaluation of the 
scientific information submitted, and has determined that a commercial 
fishery failure of a fishery resource arising from natural or 
undetermined causes has occurred. Funds may only be used to restore the 
resource affected by the disaster, and only by existing methods and 
technology. Any fishery resource used in computing the states' amount 
under the apportionment formula in Sec. 253.601(a) will qualify for 
funding under this section. The Federal share of the cost of any 
activity conducted under the disaster provision of the Act shall be 
limited to 75 percent of the total cost.
    (2) In addition, pursuant to section 308(d) of the Act, the 
Secretary is authorized to award grants to persons engaged in commercial 
fisheries for uninsured losses determined by the Secretary to have been 
suffered as a direct result of a fishery resource disaster. Funds may be 
distributed by the Secretary only after notice and opportunity for 
public comment of the appropriate limitations, terms, and conditions for 
awarding assistance under this section. Assistance provided under this 
section is limited to 75 percent of an uninsured loss to the extent that 
such losses have not been compensated by other Federal or State 
Programs.
    (b) Funds for interstate commissions. Funds authorized to support 
the efforts of the three chartered Interstate Marine Fisheries 
Commissions to develop and maintain interstate fishery management plans 
for interjurisdictional fisheries will be divided equally among the 
Commissions.



Sec. 253.54  Administrative requirements.

    Federal assistance awards made as a result of this Act are subject 
to all Federal laws, Executive Orders, Office of Management and Budget 
Circulars as incorporated by the award; Department of Commerce and NOAA 
regulations; policies and procedures applicable to Federal financial 
assistance awards; and terms and conditions of the awards.



PART 259_CAPITAL CONSTRUCTION FUND--Table of Contents



                          Joint Tax Regulations

Sec.
259.1 Execution of agreements and deposits made in a Capital 
          Construction Fund.

                   Capital Construction Fund Agreement

259.30 Application for Interim Capital Construction Fund Agreement 
          (``Interim CCF Agreement'').
259.31 Acquisition, construction, or reconstruction.
259.32 Conditional fisheries.

[[Page 917]]

259.33 Constructive deposits and withdrawals; ratification of 
          withdrawals (as qualified) made without first having obtained 
          Secretary's consent; first tax year for which Interim CCF 
          Agreement is effective.
259.34 Minimum and maximum deposits; maximum time to deposit.
259.35 Annual deposit and withdrawal reports required.
259.36 CCF accounts.
259.37 Conditional consents to withdrawal qualification.
259.38 Miscellaneous.

    Authority: 46 U.S.C. 1177.

                          Joint Tax Regulations



Sec. 259.1  Execution of agreements and deposits made in a Capital
Construction Fund.

    In the case of a taxable year of a taxpayer beginning after December 
31, 1969, and before January 1, 1972, the rules governing the execution 
of agreements and deposits under such agreements shall be as follows:
    (a) A capital construction fund agreement executed and entered into 
by the taxpayer on or prior to the due date, with extensions, for the 
filing of his Federal income tax return for such taxable year or years 
will be deemed to be effective on the date of the execution of such 
agreement or as of the close of business of the last regular business 
day of each such taxable year or years to which such deposit relates, 
whichever day is earlier.
    (b) Notwithstanding the provisions of paragraph (a) of this section, 
where:
    (1) For taxable years beginning after December 31, 1969, and prior 
to January 1, 1971, an application for a capital construction fund 
agreement is filed by a taxpayer prior to January 1, 1972, and a capital 
construction fund agreement is executed and entered into by the taxpayer 
prior to March 1, 1972, and
    (2) For taxable years beginning after December 31, 1970, and prior 
to January 1, 1972, an application for a capital construction fund 
agreement is filed by a taxpayer prior to January 1, 1973, and a capital 
construction fund agreement is executed and entered into by the taxpayer 
prior to March 1, 1973 (or, if earlier, 60 days after the publication of 
final joint regulations under section 607 of the Merchant Marine Act, 
1936, as amended); then such a capital construction fund agreement will 
be deemed to be effective as of the close of business of the last 
regular business day of each such taxable year or years to which such 
deposit related.
    (c)(1) Deposits made in a capital construction fund pursuant to such 
an agreement within 60 days after the date of execution of the 
agreement, or on or prior to the due date, with extensions, for the 
filing of his Federal income tax return for such taxable year or years, 
whichever date shall be later, shall be deemed to have been made on the 
date of the actual deposit or as of the close of business of the last 
regular business day of each such taxable year or years to which such 
deposit relates, whichever day is earlier.
    (2) Notwithstanding paragraph (c)(1) of this section, for taxable 
years beginning after December 31, 1970, and ending prior to January 1, 
1972, deposits made later than the last date permitted under paragraph 
(c)(1) of this section but on or before January 9, 1973, in a capital 
construction fund pursuant to an agreement with the Secretary of 
Commerce, acting by and through the Administrator of the National 
Oceanic and Atmospheric Administration, shall be deemed to have been 
made on the date of the actual deposit or as of the close of business of 
the last regular business day of such taxable year, whichever is 
earlier.
    (d) Nothing in this section shall alter the rules and regulations 
governing the timing of deposits with respect to existing capital and 
special reserve funds or with respect to the treatment of deposits for 
any taxable year or years other than a taxable year or years beginning 
after December 31, 1969, and before January 1, 1972. \1\
---------------------------------------------------------------------------

    \1\ The phrase ``existing capital and special reserve funds'' does 
not refer to the Capital Construction Fund program but rather to funds 
established with the Maritime Administration prior to the amendment of 
the Merchant Marine Act, 1936, which authorized the Capital Construction 
Fund program.

[37 FR 25025, Nov. 25, 1972, as amended at 38 FR 8163, Mar. 29, 1973]

[[Page 918]]

                   Capital Construction Fund Agreement

    Source: Sections 259.30 to 259.38 appear at 39 FR 33675, Sept. 19, 
1974, unless otherwise noted.



Sec. 259.30  Application for Interim Capital Construction Fund Agreement
(``Interim CCF Agreement'').

    (a) General qualifications. To be eligible to enter into an Interim 
CCF Agreement an applicant must:
    (1) Be a citizen of the United States (citizenship requirements are 
those for documenting vessels in the coastwise trade within the meaning 
of section 2 of the Shipping Act, 1916, as amended);
    (2) Own or lease one or more eligible vessels (as defined in section 
607(k)(1) of the Act) operating in the foreign or domestic commerce of 
the United States.
    (3) Have an acceptable program for the acquisition, construction, or 
reconstruction of one or more qualified vessels (as defined in section 
607(k)(2) of the Act). Qualified vessels must be for commercial 
operation in the fisheries of the United States. If the qualified vessel 
is 5 net tons or over, it must be documented in the fisheries of the 
United States. Dual documentation in both the fisheries and the 
coastwise trade of the United States is permissible. Any vessel which 
will carry fishing parties for hire must be inspected and certified 
(under 46 CFR part 176) by the U.S. Coast Guard as qualified to carry 
more than six passengers or demonstrate to the Secretary's satisfaction 
that the carrying of fishing parties for hire will constitute its 
primary activity. The program must be a firm representation of the 
applicant's actual intentions. Vague or contingent objectives will not 
be acceptable.
    (b) Content of application. Applicants seeking an Interim CCF 
Agreement may make application by letter providing the following 
information:
    (1) Proof of U.S. citizenship;
    (2) The first taxable year for which the Interim CCF Agreement is to 
apply (see Sec. 259.33 for the latest time at which applications for an 
Interim CCF Agreement relating to a previous taxable year may be 
received);
    (3) The following information regarding each ``eligible vessel'' 
which is to be incorporated in Schedule A of the Interim CCF Agreement 
for purposes of making deposits into a CCF pursuant to section 607 of 
the Act:
    (i) Name of vessel,
    (ii) Official number, or, in the case of vessels under 5 net tons, 
the State registration number where required,
    (iii) Type of vessel (i.e., catching vessel, processing vessel, 
transporting vessel, charter vessel, barge, passenger carrying fishing 
vessel, etc.),
    (iv) General characteristic (i.e., net tonnage, fish-carrying 
capacity, age, length, type of fishing gear, number of passengers 
carried or in the case of vessels operating in the foreign or domestic 
commerce the various uses of the vessel, etc.),
    (v) Whether owned or leased and, if leased, the name of the owner, 
and a copy of the lease,
    (vi) Date and place of construction,
    (vii) If reconstructed, date of redelivery and place of 
reconstruction,
    (viii) Trade (or trades) in which vessel is documented and date last 
documented,
    (ix) If a fishing vessel, the fishery of operation (which in this 
section means each species or group of species--each species must be 
specifically identified by acceptable common names--of fish, shellfish, 
or other living marine resources which each vessel catches, processes, 
or transports or will catch, process, or transport for commercial 
purposes such as marketing or processing the catch),
    (x) If a fishing vessel, the area of operation (which for fishing 
vessels means the general geographic areas in which each vessel will 
catch, process, or transport, or charter for each species or group of 
species of fish, shellfish, or other living marine resources).
    (4) The specific objectives to be achieved by the accumulation of 
assets in a Capital Construction Fund (to be incorporated in Schedule B 
of the Interim CCF Agreement) including:
    (i) Number of vessels,
    (ii) Type of vessel (i.e., catching, processing, transporting, or 
passenger carrying fishing vessel),
    (iii) General characteristics (i.e., net tonnage, fish-carrying 
capacity, age, length, type of fishing gear, number of passengers 
carried),

[[Page 919]]

    (iv) Cost of projects,
    (v) Amount of indebtedness to be paid for vessels to be constructed, 
acquired, or reconstructed (all notes, mortgages, or other evidences of 
the indebtedness must be submitted as soon as available, together with 
sufficient additional evidence to establish that full proceeds of the 
indebtedness to be paid from a CCF under an Interim CCF Agreement, were 
used solely for the purpose of the construction, acquisition, or 
reconstruction of Schedule B vessels),
    (vi) Date of construction, acquisition, or reconstruction,
    (vii) Fishery of operation (which in this section means each species 
or group of species--each species must be specifically identified by 
acceptable common name--of fish, shellfish, or other living marine 
resources),
    (viii) Area of operation (which in this section means the general 
geographic areas in which each vessel will will operate for each species 
or group of species of fish, shellfish, or other living marine 
resources).
    (c) Filing. The application must be signed and submitted in 
duplicate to the Regional Office of the National Marine Fisheries 
Service's Financial Assistance Division corresponding to the region in 
which the party conducts its business. As a general rule, the Interim 
CCF Agreement must be executed and entered into by the taxpayer on or 
prior to the due date, with extensions, for the filing of the Federal 
tax return in order to be effective for the tax year to which that 
return relates. It is manifestly in the Applicant's best interest to 
file at least 45 days in advance of such date.

[39 FR 33675, Sept. 19, 1974, as amended at 42 FR 65185, Dec. 30, 1978]



Sec. 259.31  Acquisition, construction, or reconstruction.

    (a) Acquisition. No vessel having previously been operated in a 
fishery of the United States prior to its acquisition by the party 
seeking CCF withdrawal therefor shall be a qualified vessel for the 
purpose of acquisition, except in the cases specified in paragraphs 
(a)(1) and (2) of this section:
    (1) A vessel not more than 5 years old, at the time of its 
acquisition by the party seeking CCF withdrawal therefor may be a 
qualified vessel for the purpose of acquisition, but only if each 
acquisition in this category becomes a Schedule A vessel and there 
exists for each acquisition in this category (on a one-for-one basis) an 
additional Schedule B construction or reconstruction. The sole 
consideration for permitting an acquisition in this category is that it 
will enable the party (but the Secretary will not attempt to 
predetermine such an ability) to accelerate accomplishment of the 
additional Schedule B construction or reconstruction. Should this 
consideration materially fail, the Secretary shall, at his discretion, 
disqualify previously qualified withdrawals in this category, seek 
liquidated damages as provided for in paragraph (a)(4) of this section 
and/or terminate the Interim CCF Agreement.
    (2) A vessel more than 5 years old, but not more than 25 years old 
(special showing required if more than 25 years old, see paragraph (b) 
of this section), at the time of acquisition by the party seeking CCF 
withdrawal therefor may be a qualified vessel for the purpose of 
acquisition, but only if that same vessel becomes a Schedule A vessel 
and (in addition to being a Schedule B vessel for the purpose of its 
acquisition) becomes a Schedule B vessel for the purpose of that same 
vessel's reconstruction to be accomplished ordinarily within 7 years 
from the date of acquisition. The sole consideration for permitting an 
acquisition in this category is that it will enable a party (but the 
Secretary will not attempt to predetermine such an ability) to 
accelerate accomplishment of the Schedule B reconstruction of the vessel 
so acquired. Should this consideration materially fail, the same penalty 
prescribed in paragraph (a)(1) of this section applies.
    (3) Reserved for minimum deposits under this section.
    (4) Reserved for liquidated damages.
    (b) Reconstruction. No reconstruction project costing less than 
$100,000 shall qualify a vessel for reconstruction, unless the 
reconstruction project costs, or will cost, 20 percent or more of the 
reconstructed vessel's acquisition cost (in its unreconstructed state) 
to the party seeking CCF withdrawal therefor. If the reconstruction 
project meets

[[Page 920]]

the $100,000 test, then the 20 percent test does not apply. Conversely, 
if the reconstruction project does not meet the $100,000 test, then the 
20 percent test applies.
    (1) Reconstruction may include rebuilding, replacing, 
reconditioning, converting and/or improving any portion of a vessel. A 
reconstruction project must, however, substantially prolong the useful 
life of the reconstructed vessel, increase its value, or adapt it to a 
different commercial use in the fishing trade or industry.
    (2) All, or the major portion (ordinarily, not less than 80 
percent), of a reconstruction project's actual cost must (for the 
purpose of meeting the above dollar or percentage tests) be classifiable 
as a capital expenditure for Internal Revenue Service (IRS) purposes. 
That otherwise allowable (i.e., for the purpose of meeting the above 
dollar or percentage tests) portion of a reconstruction project's actual 
cost which is not classifiable as a capital expenditure shall, however, 
be excluded from the amount qualified for withdrawal as a result of the 
reconstruction project.
    (3) No vessel more than 25 years old at the time of withdrawal or 
request for withdrawal shall be a qualified vessel for the purpose of 
reconstruction unless a special showing is made, to the Secretary's 
discretionary satisfaction, that the type and degree of reconstruction 
intended will result in an efficient and productive vessel with an 
economically useful life at least 10 years beyond the date 
reconstruction is completed.
    (c) Time permitted for construction or reconstruction. Construction 
or reconstruction must be completed within 18 months from the date 
construction or reconstruction first commences, unless otherwise 
consented to by the Secretary.
    (d) Energy saving improvements. An improvement made to a vessel to 
conserve energy shall, regardless of cost, be treated as a 
reconstruction for the purpose of qualifying a CCF withdrawal for such 
expenditure and shall be exempted from having to meet conditional 
fishery requirements for reconstruction as set forth in Sec. 259.32 and 
from all qualifying tests for reconstruction set forth in paragraph (b) 
of this section with the following exceptions:
    (1) An energy saving improvement shall be required to meet both 
conditional fishery requirements and the qualifying tests for 
reconstruction if it serves the dual purpose of saving energy and 
meeting the reconstruction requirement of paragraph (a) of this section 
for qualifying a withdrawal for the acquisition of a used vessel.
    (2) That portion of the actual cost of an energy saving improvement 
which is to be paid for from the CCF must be classifiable and treated as 
a capital expenditure for Internal Revenue Service purposes.
    (e) Safety projects. The acquisition and installation of safety 
equipment for a qualified vessel and vessel modifications whose central 
purpose is materially increasing the safety of a qualified vessel or the 
acquisition and installation of equipment required by law or regulation 
that materially increases the safety of a qualified vessel shall, 
regardless of cost, be treated as reconstruction for the purpose of 
qualifying a CCF withdrawal for such expenditure, shall be exempt from 
having to meet conditional fishery requirements for reconstruction as 
set forth in Sec. 259.32, and shall be exempt from all qualifying tests 
for reconstruction set forth in paragraph (b) of this section, with the 
following exceptions:
    (1) A safety improvement shall be required to meet both conditional 
fishery requirements and all qualifying tests for reconstruction if it 
serves the dual purpose of safety and meeting the reconstruction 
requirement of paragraph (a) of this section for qualifying a withdrawal 
for the acquisition of a used vessel;
    (2) That portion of the actual cost of a safety improvement that is 
to be paid for from the CCF must be classifiable and treated as a 
capital expenditure for Internal Revenue Service purposes;
    (3) Safety improvement projects whose clear and central purpose is 
restricted to complying with the requirements of the Commercial Fishing 
Industry Vessel Safety Act of 1988 (Public Law 100-424 Sec. 1, 102 stat. 
1585 (1988) (codified in scattered sections of 46

[[Page 921]]

U.S.C.)) shall, without further documentation, be considered to fall 
within this paragraph (e). Satisfactory documentation will be required 
for all other projects proposed to be considered as falling within this 
paragraph (e). Projects not required by law or regulation whose central 
purpose clearly involves something other than an improvement that 
materially increases the safety of a vessel will not be considered to 
fall within this paragraph (e).

[39 FR 33675, Sept. 19, 1974, as amended at 46 FR 54563, Nov. 3, 1981; 
62 FR 331, Jan. 3, 1997]



Sec. 259.32  Conditional fisheries.

    (a) The Secretary may from time-to-time establish certain fisheries 
in which CCF benefits will be restricted. The regulatory mechanism for 
so doing is part 251 of this chapter. Each fishery so restricted is 
termed a ``conditional fishery''. Subpart A of part 251 of this chapter 
establishes the procedure to be used by the Secretary in proposing and 
adopting a fishery as a conditional fishery. Subpart B of part 251 of 
this chapter enumerates each fishery actually adopted as a conditional 
fishery (part 251 of this chapter should be referred to for details). 
The purpose of this Sec. 259.32 is to establish the effect of 
conditional fishery adoption upon Interim CCF Agreements.
    (b) If a written request for an otherwise permissible action under 
an Interim CCF Agreement is submitted prior to the date upon which 
conditional fishery adoption occurs, then the Secretary will act, in an 
otherwise normal manner, upon so much of the action then applied for as 
is then permissible without regard to the subsequent adoption of a 
conditional fishery (even, if that adoption occurs before the Secretary 
gives his consent or issues an Interim CCF Agreement or amendment 
thereto, all as the case may be). Nevertheless, the conditions as set 
forth in paragraph (d) of this section shall apply.
    (c) If a written request for an otherwise permissible action under 
an Interim CCF Agreement, or an application for an Interim CCF 
Agreement, is submitted after the date upon which conditional fishery 
adoption occurs, then the Secretary will act, in an otherwise normal 
manner, upon so much of the action then applied for as is then 
permissible without regard to the previous adoption of a conditional 
fishery provided, however, that this paragraph shall apply only to 
construction or reconstruction for which a binding contract has been 
reduced to writing prior to the date upon which conditional fishery 
adoption occurred. Nevertheless, the conditions as set forth in 
paragraph (d) of this section shall apply.
    (d) Conditional fishery adoption shall have no effect whatsoever 
upon a Schedule B objective whose qualification for withdrawal (which 
may be in an amount equal to the total cost over time of a Schedule B 
objective, i.e., a series of withdrawals) has been, prior to the date of 
conditional fishery adoption, either consented to by the Secretary or 
requested in accordance with paragraph (b) or (c) of this section. This 
extends to past, present, and future withdrawals in an amount 
representing up to 100 percent of the cost of a Schedule B objective. 
Commencement of any project in these categories shall, however, be 
started not later than 6 months from the date of conditional fishery 
adoption and shall be completed within 24 months from the date of 
conditional fishery adoption, unless for good and sufficient cause shown 
the Secretary, at his discretion, consents to a longer period for either 
project commencement or completion. Consent to the qualification of 
withdrawal for any project in these categories not commenced or 
completed within the periods allowed shall be revoked at the end of the 
periods allowed.
    (e) Conditional fishery adoption shall have no effect whatsoever 
upon Schedule B objectives which will not result in significantly 
increasing harvesting capacity in a fishery adopted as a conditional 
fishery.
    (1) Construction of a new vessel (vessel ``Y'') for operation in an 
adopted conditional fishery shall be deemed to significantly increase 
harvesting capacity in that fishery unless the party causing the ``Y'' 
vessel to be constructed causes (within 1 year after the delivery of 
vessel ``Y'') to be permanently removed from all fishing, or

[[Page 922]]

placed permanently in a fishery not then adopted as a conditional 
fishery, under such conditions as the Secretary may deem necessary or 
desirable, a vessel (vessel ``Z'') which has during the previous 18 
months operated substantially in the same fishery as the ``Y'' vessel 
and which has a fishing capacity substantially equivalent to the ``Y'' 
vessel. Failure to remove a vessel could subject all withdrawals to be 
treated as nonqualified and may be cause for termination of the CCF. 
What constitutes substantially equivalent fishing capacity shall be a 
matter for the Secretary's discretion. Ordinarily, in exercising his 
discretion about what does or does not constitute substantially 
equivalent fishing capacity, the Secretary will take into consideration 
(i) the average size of vessels constructed for the adopted conditional 
fishery in question at the time vessel ``Z'' was constructed (or, if 
constructed for a different fishery, the average size of vessels in the 
adopted conditional fishery at the time vessel ``Z'' entered it), (ii) 
the average size of vessels constructed for the adopted conditional 
fishery at the time vessel ``Y'' was or will be constructed, and (iii) 
such other factors as the Secretary may deem material and equitable, 
including the length of time the party had owned or leased vessel ``Z'' 
and the length of time the vessel has operated in the conditional 
fishery. The Secretary will consider these factors, and exercise his 
discretion, in such a way as to encourage use of this program by 
established fishermen who have owned or leased for substantial periods 
vessels which need to be replaced, even though a ``Z'' vessel may have 
been constructed at a time which dictated a lesser fishing capacity than 
dictated for a ``Y'' vessel at the time of its construction.
    (2) Acquisition and/or reconstruction of a used vessel for operation 
in an adopted conditional fishery shall be deemed to significantly 
increase harvesting capacity in that fishery unless the vessel to be 
acquired and/or reconstructed had during the previous 3 years operated 
substantially in the same fishery as the adopted conditional fishery in 
which it will operate after acquisition and/or reconstruction. If less 
than 3 years, then acquisition and/or reconstruction of a used vessel 
for operation in an adopted conditional fishery shall be deemed to 
significantly increase harvesting capacity in that fishery unless there 
occurs vessel removal or permanent placement elsewhere under the same 
conditions specified for construction in paragraph (e)(1) of this 
section.
    (3) Construction of a new vessel or the acquisition and/or 
reconstruction of a used vessel for operation in an adopted conditional 
fishery shall not be deemed to significantly increase the harvesting 
capacity where the vessel constructed, acquired and/or reconstructed 
replaces another vessel which was lost or destroyed and which had, 
immediately prior to the loss or destruction, operated in the same 
fishery as the adopted conditional fishery, provided, however, that the 
fishing capacity of the replacement vessel has a fishing capacity 
substantially equivalent to the vessel lost or destroyed and that the 
construction, acquisition and/or reconstruction is completed within 2 
years after the close of the taxable year in which the loss or 
destruction occurred. The Secretary may, at his discretion, and for good 
and sufficient cause shown, extend the replacement period, provided that 
the request for extension of time to replace is timely filed with the 
Secretary
    (f) Conditional fishery adoption shall have the following effect on 
all Schedule B objectives (whether for acquisition, construction, or 
reconstruction) which the Secretary deems to significantly increase 
harvesting capacity in that fishery, excluding those circumstances 
specifically exempted by paragraphs (b) through (e) of this section 
(which shall be governed by the provisions of paragraphs (b) through (e) 
of this section).
    (1) The Secretary may nevertheless consent to the qualification of 
withdrawal, but only up to an amount not exceeding the total of eligible 
ceilings actually deposited during tax years other than the taxable year 
in which conditional fishery adoption occurs plus a pro-rata portion of 
eligible ceilings generated in the tax year in which conditional fishery 
adoption occurs. Pro-ration shall be according to the number of months 
or any part thereof

[[Page 923]]

in a party's tax year which elapse before the adoption of the 
conditional fishery occurs. For example, if a party's tax year runs from 
January 1, 1974, to December 31, 1974, and conditional fishery adoption 
occurs on August 15, 1974, (i.e., during the 8th month of the party's 
tax year), then the pro-rata portion for that year is eight-twelfths of 
the total eligible ceilings generated during that year.
    (2) Qualified withdrawals in excess of the amount specified in 
paragraph (f)(1) of this section shall not, during the continuance of 
the adopted conditional fishery, be consented to. Parties at this point 
shall have the following option:
    (i) Make, with the Secretary's consent, a nonqualified withdrawal of 
the excess and discontinue the future deposit of eligible ceilings 
(which may effect termination of the Interim CCF Agreement).
    (ii) Reserve the excess, as well as the future deposit of eligible 
ceilings, for a Schedule B objective not then involving an adopted 
conditional fishery. If amendment of an Interim CCF Agreement is 
necessary in order to include a Schedule B objective not then involving 
an adopted conditional fishery, the party may, with the Secretary's 
consent, make the necessary amendment.
    (iii) Reserve the excess, as well as the future deposit of eligible 
ceilings, for a Schedule B objective involving a then adopted 
conditional fishery in anticipation that the then adopted conditional 
fishery will eventually be disadopted, in which case all deposits of 
eligible ceilings will once again be eligible for the Secretary's 
consent as qualified withdrawals. If the adoption of a conditional 
fishery continues for a substantial length of time and there is no 
forseeable prospect of disadoption, then the Secretary, in his 
discretion, may require paragraph (f)(2)(i) or (ii) of this section to 
be effected.
    (g) The Secretary shall neither enter into a new Interim CCF 
Agreement, nor permit amendment of an existing one, which involves a 
Schedule B objective in a then adopted conditional fishery unless 
paragraph (b), (c) or (d) of this Sec. 259.32 applies or unless the 
Schedule B objective is expressly conditioned upon acquisition 
construction, or reconstruction of the type permitted under paragraph 
(e) of this Sec. 259.32. Such an express condition would not survive 
beyond the time at which conditional fishery status is removed.



Sec. 259.33  Constructive deposits and withdrawals; ratification of
withdrawals (as qualified) made without first having obtained 

Secretary's consent; first 
          tax year for which Interim CCF Agreement is effective.

    (a) Periods controlling permissibility. For the purpose of this 
Sec. 259.33, the period between the beginning and the end of a party's 
tax year is designated ``Period (aa)''; the period between the end of a 
party's tax year and the party's tax due date for that tax year is 
designated ``Period (bb)''; the period between the party's tax due date 
and the date on which ends the party's last extension (if any) of that 
tax due date is designated ``Period (cc)''.
    (b) Constructive deposits and withdrawals (before Interim CCF 
Agreement effectiveness date). Constructive deposits and withdrawals 
shall be permissible only during the Period (aa) during which a written 
application for an interim CCF Agreement is submitted to the Secretary 
and so much of the next succeeding Period (aa), if any, which occurs 
before the Secretary executes the Interim CCF Agreement previously 
applied for. All otherwise qualified expenditures of eligible ceilings 
during Period (aa) may be consented to by the Secretary as constructive 
deposits and withdrawals: Provided, The applicant's application for an 
Interim CCF Agreement and for consent to constructive deposit and 
withdrawal qualification (together with sufficient supporting data to 
enable the Secretary's execution or issuance of consent) is submitted to 
the Secretary either before the end of Period (bb) or, if extension was 
requested and received, before the end of Period (cc). If, however, the 
Secretary receives the completed application in proper form so close to 
the latest permissible period that the Interim CCF Agreement cannot be 
executed and/or the consent given before the end of Period (bb) or 
Period (cc), whichever applies, then the burden is entirely upon the 
applicant to negotiate with the Internal Revenue Service (IRS) for such 
relief as may be available (e.g.,

[[Page 924]]

filing an amended tax return, if appropriate). The Secretary willl 
nevertheless execute the Interim CCF Agreement and issue his consent 
however long past the applicant's Period (bb) or Period (cc), whichever 
applies, the Secretary's administrative workload requires. Should IRS 
relief be, for any reason, unavailable, the Secretary shall regard the 
same as merely due to the applicant's having failed to apply in a more 
timely fashion.
    (c) Constructive deposits (after Interim CCF Agreement effectiveness 
date). The Secretary shall not permit constructive deposits or 
withdrawals after the effective date of an Interim CCF Agreement. 
Eligible ceilings must, after the effective date of an interim CCF 
Agreement, be physically deposited in money or kind in scheduled 
depositories before the last date eligible ceilings for any Period (aa) 
of any party become ineligible for deposit (the last date being Period 
(bb) or Period (cc), whichever applies).
    (d) Ratification of withdrawals (as qualified) made without first 
having obtained Secretary's consent. The Secretary may ratify as 
qualified any withdrawal made without first having obtained the 
Secretary's consent therefor, provided the withdrawal was such as would 
have resulted in the Secretary's consent had it been requested before 
withdrawal, and provided further that the party's request for consent 
(together with sufficient supporting data to enable issuance of the 
Secretary's consent) is submitted to the Secretary either before the end 
of Period (bb) or, if extension was requested and received, before the 
end of Period (cc).
    (1) If, however, the Secretary receives the request in proper form 
so close to the latest permissible period that the consent cannot be 
given before expiration of Period (bb) or Period (cc), whichever 
applies, then the burden is entirely upon the party to negotiate with 
IRS for such relief as may be available (e.g., filing an amended tax 
return, if appropriate). The Secretary will nevertheless issue his 
consent however long past the party's Period (bb) or Period (cc), 
whichever applies, the Secretary's administrative workload requires. 
Should IRS relief be, for any reason, unavailable, the Secretary shall 
regard the same as merely due to the party's having failed to apply in a 
more timely fashion.
    (2) All parties shall be counseled that it is manifestly in their 
best interest to request the Secretary's consent 45 days in advance of 
the expected date of withdrawal. Withdrawals made without the 
Secretary's consent, in reliance on obtaining the Secretary's consent, 
are made purely at a party's own risk. Should any withdrawal made 
without the Secretary's consent prove, for any reason, to be one to 
which the Secretary will not or cannot consent by ratification, then the 
result will be either, or both, at the Secretary's discretion, an 
unqualified withdrawal or an involuntary termination of the Interim CCF 
Agreement.
    (3) Should the withdrawal made without having first obtained the 
Secretary's consent be made in pursuance of a project not then an 
eligible Schedule B objective, then the Secretary may entertain an 
application to amend the Interim CCF Agreement's Schedule B objectives 
as the prerequisite to consenting by ratification to the withdrawal, all 
under the same time constraints and conditions as otherwise specified 
herein.
    (4) Any withdrawals made, after the effective date of an Interim CCF 
Agreement, without the Secretary's consent are automatically non-
qualified withdrawals unless the Secretary subsequently consents to them 
by ratification as otherwise specified herein.
    (5) Redeposit of that portion of the ceiling withdrawn without the 
Secretary's consent, and for which such consent is not subsequently 
given (either by ratification or otherwise), shall not be permitted. If 
such a non-qualified withdrawal adversely affects the Interim CCF 
Agreement's general status in any wise deemed by the Secretary, at his 
discretion, to be significant and material, the Secretary may 
involuntarily terminate the Interim CCF Agreement.
    (e) First tax year for which Interim CCF Agreement is effective. An 
Agreement, to be effective for any party's Period (aa), must be executed 
and entered into by the party, and submitted to the Secretary, before 
the end of Period (bb) or

[[Page 925]]

Period (cc), whichever applies, for such Period (aa). If executed and 
entered into by the party, and/or received by the Secretary, after the 
end of Period (bb) or Period (cc), whichever applies, then the Agreement 
will be first effective for the next succeeding Period (aa).
    (1) If, however, the Secretary receives an Agreement executed and 
entered into by the party in proper form so close to the latest 
permissible period that the Secretary cannot execute the Agreement 
before expiration of Period (bb) or Period (cc), whichever applies, then 
the burden is entirely upon the party to negotiate with IRS for such 
relief as may be available (e.g., filing an amended tax return, if 
appropriate). The Secretary will nevertheless execute the Agreement 
however long past the party's Period (bb) or Period (cc), whichever 
applies, the Secretary's administrative workload requires. Should IRS 
relief be, for any reason, unavailable, the Secretary shall regard the 
same as merely due to the party's having failed to apply in a more 
timely manner.
    (2) All parties shall be counseled that it is manifestly in their 
best interest to enter into and execute an Agreement, and submit the 
same to the Secretary, at least 45 days in advance of the Period (bb) or 
Period (cc), whichever applies, for the Period (aa) for which the 
Agreement is first intended to be effective.



Sec. 259.34  Minimum and maximum deposits; maximum time to deposit.

    (a) Minimum annual deposit. The minimum annual (based on each 
party's taxable year) deposit required by the Secretary in order to 
maintain an Interim CCF Agreement shall be an amount equal to 2 percent 
of the total anticipated cost of all Schedule B objectives unless such 2 
percent exceeds during any tax year 50 percent of a party's Schedule A 
taxable income, in which case the minimum deposit for that year shall be 
50 percent of the party's Schedule A taxable income.
    (1) Minimum annual deposit compliance shall be audited at the end of 
each party's taxable year unless any one or more of the Schedule B 
objectives is scheduled for commencement more than 3 taxable years in 
advance of the taxable year in which the agreement is effected, in which 
case minimum annual deposit compliance shall be audited at the end of 
each 3 year taxable period. In any taxable year, a Party may apply any 
eligible amount in excess of the 2 percent minimum annual deposit toward 
meeting the party's minimum annual deposit requirement in past or future 
years: Provided, however, At the end of each 3 year period, the 
aggregate amount in the fund must be in compliance with 2 percent 
minimum annual deposit rule (unless the 50 percent of taxable income 
situation applies).
    (2) The Secretary may, at his discretion and for good and sufficient 
cause shown, consent to minimum annual deposits in any given tax year or 
combination of tax years in an amount lower than prescribed herein: 
Provided, The party demonstrates to the Secretary's satisfaction the 
availability of sufficient funds from any combination of sources to 
accomplish Schedule B objectives at the time they are scheduled for 
accomplishment.
    (b) Maximum deposits. Other than the maximum annual ceilings 
established by the Act, the Secretary shall not establish a maximum 
annual ceiling: Provided, however, That deposits can no longer be made 
once a party has deposited 100 percent of the anticipated cost of all 
Schedule B objectives, unless the Interim CCF Agreement is then amended 
to establish additional Schedule B objectives.
    (c) Maximum time to deposit. Ten years shall ordinarily be the 
maximum time the Secretary shall permit in which to accumulate deposits 
prior to commencement of any given Schedule B objective. A time longer 
than 10 years, either by original scheduling or by subsequent extension 
through amendment, may, however, be permitted at the Secretary's 
discretion and for good and sufficient cause shown.



Sec. 259.35  Annual deposit and withdrawal reports required.

    (a) The Secretary will require from each Interim CCF Agreement 
holder (Party) the following annual deposit

[[Page 926]]

and withdrawal reports. Failure to submit such reports may be cause for 
involuntary termination of CCF Agreements.
    (1) A preliminary deposit and withdrawal report at the end of each 
calendar year, which must be submitted not later than 45 days after the 
close of the calendar year. The report must give the amounts withdrawn 
from and deposited into the party's CCF during the subject year, and be 
in letter form showing the agreement holder's name, FVCCF identification 
number, and taxpayer identification number. Each report must bear 
certification that the deposit and withdrawal information given includes 
all deposit and withdrawal activity for the year and the account 
reported. Negative reports must be submitted in those cases where there 
is no deposit and/or withdrawal activity. If the party's tax year is the 
same as the calendar year, and if the final deposit and withdrawal 
report required under paragraph (a)(2) of this section is submitted 
before the due date for this preliminary report, then this report is not 
required.
    (2) A final deposit and withdrawal report at the end of the tax 
year, which shall be submitted not later than 30 days after expiration 
of the due date, with extensions (if any), for filing the party's 
Federal income tax return. The report must be made on a form prescribed 
by the Secretary using a separate form for each FVCCF depository. Each 
report must bear certification that the deposit and withdrawal 
information given includes all deposit and withdrawal activity for the 
year and account reported. Negative reports must be submitted in those 
cases where there is no deposit and/or withdrawal activity.
    (b) Failure to submit the required annual deposit and withdrawal 
reports shall be cause after due notice for either, or both, 
disqualification of withdrawals or involuntary termination of the 
Interim CCF Agreement, at the Secretary's discretion.
    (c) Additionally, the Secretary shall require from each Interim CCF 
Agreement holder, not later than 30 days after expiration of the party's 
tax due date, with extensions (if any), a copy of the party's Federal 
Income Tax Return filed with IRS for the preceding tax year. Failure to 
submit shall after due notice be cause for the same adverse action 
specified in the paragraph above.

[39 FR 33675, Sept. 19, 1974, as amended at 48 FR 57302, Dec. 29, 1983; 
53 FR 35203, Sept. 12, 1988]



Sec. 259.36  CCF accounts.

    (a) General: Each CCF account in each scheduled depository shall 
have an account number, which must be reflected on the reports required 
by Sec. 259.35. All CCF accounts shall be reserved only for CCF 
transactions. There shall be no intermingling of CCF and non-CCF 
transactions and there shall be no pooling of 2 or more CCF accounts 
without prior consent of the Secretary. Safe deposit boxes, safes, or 
the like shall not be eligible CCF depositories without the Secretary's 
consent and then only under such conditions as the Secretary, in his 
discretion, prescribes.
    (b) Assignment: The use of Fund assets for transactions in the 
nature of a countervailing balance, compensating balance, pledge, 
assignment, or similar security arrangement shall constitute a material 
breach of the Agreement unless prior written consent of the Secretary is 
obtained.
    (c) Depositories: (1) Section 607(c) of the Act provides that 
amounts in a CCF must be kept in the depository or depositories 
specified in the Agreements and be subject to such trustee or other 
fiduciary requirements as the Secretary may specify.
    (2) Unless otherwise specified in the Agreement, the party may 
select the type or types of accounts in which the assets of the Fund may 
be deposited.
    (3) Non-cash deposits or investments of the Fund should be placed in 
control of a trustee under the following conditions:
    (i) The trustee should be specified in the Agreement;
    (ii) The trust instrument should provide that all investment 
restrictions stated in section 607(c) of the Act will be observed;

[[Page 927]]

    (iii) The trust instrument should provide that the trustee will give 
consideration to the party's withdrawal requirements under the Agreement 
when investing the Fund;
    (iv) The trustee must agree to be bound by all rules and regulations 
which have been or will be promulgated governing the investment or 
management of the Fund.



Sec. 259.37  Conditional consents to withdrawal qualification.

    The Secretary may conditionally consent to the qualification of 
withdrawal, such consent being conditional upon the timely submission to 
the Secretary of such further proofs, assurances, and advices as the 
Secretary, in his discretion, may require. Failure of a party to comply 
with the conditions of such a consent within a reasonable time and after 
due notice shall, at the Secretary's discretion, be cause for either, or 
both, nonqualification of withdrawal or involuntary Interim CCF 
Agreement termination.



Sec. 259.38  Miscellaneous.

    (a) Wherever the Secretary prescribes time constraints herein for 
the submission of any CCF transactions, the postmark date shall control 
if mailed or, if personally delivered, the actual date of submission. 
All required materials may be submitted to any Financial Assistance 
Division office of the National Marine Fisheries Service.
    (b) All CCF information received by the Secretary shall be held 
strictly confidential, except that it may be published or disclosed in 
statistical form provided such publication does not disclose, directly 
or indirectly, the identity of any fundholder.
    (c) While recognizing that precise regulations are necessary in 
order to treat similarly situated parties similarly, the Secretary also 
realizes that precision in regulations can often cause inequitable 
effects to result from unavoidable, unintended, or minor discrepancies 
between the regulations and the circumstances they attempt to govern. 
The Secretary will, consequently, at his discretion, as a matter of 
privilege and not as a matter of right, attempt to afford relief to 
parties where literal application of the purely procedural, as opposed 
to substantive, aspects of these regulations would otherwise work an 
inequitable hardship. This privilege will be sparingly granted and no 
party should before the fact attempt to act in reliance on its being 
granted after the fact.
    (d) These Sec. Sec. 259.30 through 259.38 are applicable absolutely 
to all Interim CCF Agreements first entered into (or the amendment of 
all then existing Interim CCF Agreements, which amendment is first 
entered into) on or after the date these Sec. Sec. 259.30 through 
259.38 are adopted. These Sec. Sec. 259.30 through 259.38 are 
applicable to all Interim CCF Agreements entered into before the date 
these Sec. Sec. 259.30 through 259.38 are adopted, with the following 
exceptions only:
    (1) The vessel age limitations imposed by Sec. 259.31 shall not 
apply to already scheduled Schedule B objectives.
    (2) The minimum deposits imposed by Sec. 259.34 shall not apply to 
any party's tax year before that party's tax year next following the one 
in which these Sec. Sec. 259.30 through 259.38 are adopted.
    (e) These Sec. Sec. 259.30 through 259.38 are specifically 
incorporated in all past, present, and future Interim CCF Agreements by 
reference thereto made in Whereas Clause number 2 of all such Interim 
CCF Agreements.

[[Page 928]]



SUBCHAPTER G_PROCESSED FISHERY PRODUCTS, PROCESSED PRODUCTS THEREOF,
AND CERTAIN OTHER PROCESSED FOOD PRODUCTS





PART 260_INSPECTION AND CERTIFICATION--Table of Contents



  Subpart A_Inspection and Certification of Establishments and Fishery 
                     Products for Human Consumption

Sec.
260.1 Administration of regulations.

                               Definitions

260.6 Terms defined.
260.7 Designation of official certificates, memoranda, marks, other 
          identifications, and devices for purposes of the Agricultural 
          Marketing Act.

                           Inspection Service

260.12 Where inspection service is offered.
260.13 Who may obtain inspection service.
260.14 How to make application.
260.15 Information required in connection with application.
260.16 Filing of application.
260.17 Record of filing time.
260.18 When application may be rejected.
260.19 When application may be withdrawn.
260.20 Disposition of inspected sample.
260.21 Basis of inspection and grade or compliance determination.
260.22 Order of inspection service.
260.23 Postponing inspection service.
260.24 Financial interest of inspector.
260.25 Forms of certificates.
260.26 Issuance of certificates.
260.27 Issuance of corrected certificates.
260.28 Issuance of an inspection report in lieu of an inspection 
          certificate.
260.29 Disposition of inspection certificates.
260.30 Report of inspection results prior to issuance of formal report.

                            Appeal Inspection

260.36 When appeal inspection may be requested.
260.37 Where to file for an appeal inspection and information required.
260.38 When an application for an appeal inspection may be withdrawn.
260.39 When appeal inspection may be refused.
260.40 Who shall perform appeal inspection.
260.41 Appeal inspection certificate.

                  Licensing of Samplers and Inspectors

260.47 Who may become licensed sampler.
260.48 Application to become a licensed sampler.
260.49 Inspectors.
260.50 Suspension or revocation of license of licensed sampler or 
          licensed inspector.
260.51 Surrender of license.

                                Sampling

260.57 How samples are drawn by inspectors or licensed samplers.
260.58 Accessibility for sampling.
260.59 How officially drawn samples are to be identified.
260.60 How samples are to be shipped.
260.61 Sampling plans and procedures for determining lot compliance.
260.62 Issuance of certificate of sampling.
260.63 Identification of lots sampled.

                            Fees and Charges

260.69 Payment fees and charges.
260.70 Schedule of fees.
260.71 [Reserved]
260.72 Fees for inspection service performed under cooperative 
          agreement.
260.73 Disposition of fees for inspections made under cooperative 
          agreement.
260.74 Fee for appeal inspection.
260.76 [Reserved]
260.77 Fees for score sheets.
260.78 Fees for additional copies of inspection certificates.
260.79 Travel and other expenses.
260.80 Charges for inspection service on a contract basis.
260.81 Readjustment and increase in hourly rates of fees.

                              Miscellaneous

260.84 Policies and procedures.
260.86 Approved identification.
260.88 Political activity.
260.90 Compliance with other laws.
260.91 Identification.
260.93 Debarment and suspension.

   Requirements for Plants Operating Under Continuous Inspection on a 
                             Contract Basis

260.96 Application for fishery products inspection service on a contract 
          basis at official establishments.
260.97 Conditions for providing fishery products inspection service at 
          official establishments.
260.98 Premises.
260.99 Buildings and structures.
260.100 Facilities.
260.101 Lavatory accommodations.
260.102 Equipment.

[[Page 929]]

260.103 Operations and operating procedures shall be in accordance with 
          an effective sanitation program.
260.104 Personnel.

                          Labeling Requirements

260.200-260.201 [Reserved]

    Authority: Sec. 6, 70 Stat. 1122, 16 U.S.C. 742e; secs. 203, 205, 60 
Stat. 1087, 1090 as amended; 7 U.S.C. 1622, 1624; Reorganization Plan 
No. 4 of 1970 (84 Stat. 2090).

    Source: 31 FR 16052, Dec. 15, 1966, unless otherwise noted.



  Subpart A_Inspection and Certification of Establishments and Fishery 
                     Products for Human Consumption



Sec. 260.1  Administration of regulations.

    The Secretary of Commerce is charged with the administration of the 
regulations in this part except that he may delegate any or all of such 
functions to any officer or employee of the National Marine Fisheries 
Service of the Department in his discretion. \1\
---------------------------------------------------------------------------

    \1\ All functions of the Department of Agriculture which pertain to 
fish, shellfish, and any products thereof, now performed under the 
authority of title II of the Act of August 14, 1946, popularly known as 
the Agricultural Marketing Act of 1946, as amended (7 U.S.C. 1621-1627) 
including but not limited to the development and promulgation of grade 
standards, the inspection and certification, and improvement of 
transportation facilities and rates for fish and shellfish and any 
products thereof, were transferred to the Department of the Interior by 
the Director of the Budget (23 FR 2304) pursuant to section 6(a) of the 
Act of Aug. 8, 1956, popularly known as the Fish and Wildlife Act of 
1956 (16 U.S.C. 742e). Reorganization Plan No. 4 of 1970 (84 Stat. 2090) 
transferred, among other things, such functions from the U.S. Department 
of the Interior to the U.S. Department of Commerce.

[36 FR 21037, Nov. 3, 1971]

                               Definitions



Sec. 260.6  Terms defined.

    Words in the regulations in this part in the singular form shall be 
deemed to import the plural and vice versa, as the case may demand. For 
the purposes of the regulations in this part, unless the context 
otherwise requires, the following terms shall have the following 
meanings:
    Acceptance number. ``Acceptance number'' means the number in a 
sampling plan that indicates the maximum number of deviants permitted in 
a sample of a lot that meets a specific requirement.
    Act. ``Act'' means the applicable provisions of the Agricultural 
Marketing Act of 1946 (60 Stat. 1087 et seq., as amended; 7 U.S.C. 1621 
et seq.).
    Applicant. ``Applicant'' means any interested party who requests 
inspection service under the regulations in this part.
    Case. ``Case'' means the number of containers (cased or uncased) 
which, by the particular industry are ordinarily packed in a shipping 
container.
    Certificate of loading. ``Certificate of loading'' means a 
statement, either written or printed, issued pursuant to the regulations 
in this part, relative to check-loading of a processed product 
subsequent to inspection thereof.
    Certificate of sampling. ``Certificate of sampling'' means a 
statement, either written or printed issued pursuant to the regulations 
in this part, identifying officially drawn samples and may include a 
description of condition of containers and the condition under which the 
processed product is stored.
    Class. ``Class'' means a grade or rank of quality.
    Condition. ``Condition'' means the degree of soundness of the 
product which may affect its merchantability and includes, but is not 
limited to those factors which are subject to change as a result of age, 
improper preparation and processing, improper packaging, improper 
storage, or improper handling.
    Department. ``Department'' means the U.S. Department of Commerce.
    Deviant. ``Deviant'' means a sample unit affected by one or more 
deviations or a sample unit that varies in a specifically defined manner 
from the requirements of a standard, specification, or other inspection 
document.
    Deviation. ``Deviation'' means any specifically defined variation 
from a particular requirement.
    Director. ``Director'' means the Director of the National Marine 
Fisheries Service.

[[Page 930]]

    Establishment. ``Establishment'' means any premises, buildings, 
structures, facilities, and equipment (including vehicles) used in the 
processing, handling, transporting, and storage of fish and fishery 
products.
    Inspection certificate. ``Inspection certificate'' means a 
statement, either written or printed, issued pursuant to the regulations 
in this part, setting forth in addition to appropriate descriptive 
information relative to a processed product, and the container thereof, 
the quality and condition, or any part thereof, of the product and may 
include a description of the conditions under which the product is 
stored.
    Inspection service. ``Inspection service'' means:
    (1) The sampling pursuant to the regulations in this part;
    (2) The determination pursuant to the regulations in this part of:
    (i) Essential characteristics such as style, type, size, or identity 
of any processed product which differentiates between major groups of 
the same kind;
    (ii) The class, quality, and condition of any processed product, 
including the condition of the container thereof by the examination of 
appropriate samples;
    (3) The issuance of any certificate of sampling, inspection 
certificates, or certificates of loading of a processed product, or any 
report relative to any of the foregoing; or
    (4) Performance by an inspector of any related services such as to 
observe the preparation of the product from its raw state through each 
step in the entire process; or observe conditions under which the 
product is being harvested, prepared, handled, stored, processed, 
packed, preserved, transported, or held; or observe sanitation as a 
prerequisite to the inspection of the processed product, either on a 
contract basis or periodic basis; or checkload the inspected processed 
product in connection with the marketing of the product, or any other 
type of service of a consultative or advisory nature related herewith.
    Inspector. ``Inspector'' means any employee of the Department 
authorized by the Secretary or any other person licensed by the 
Secretary to investigate, sample, inspect, and certify in accordance 
with the regulations in this part to any interested party the class, 
quality and condition of processed products covered in this part and to 
perform related duties in connection with the inspection service.
    Interested party. ``Interested party'' means any person who has a 
financial interest in the commodity involved.
    Licensed sampler. ``Licensed sampler'' means any person who is 
authorized by the Secretary to draw samples of processed products for 
inspection service, to inspect for identification and condition of 
containers in a lot, and may, when authorized by the Secretary, perform 
related services under the act and the regulations in this part.
    Lot. ``Lot'' has the following meanings:
    (1) For the purpose of charging fees and issuing certificates, 
``Lot'' means any number of containers of the same size and type which 
contain a processed product of the same type and style located in the 
same or adjacent warehouses and which are available for inspection at 
any one time: Provided, That:
    (i) Processed products in separate piles which differ from each 
other as to grade or other factors may be deemed to be separate lots;
    (ii) Containers in a pile bearing an identification mark different 
from other containers of such processed product in that pile, if 
determined to be of lower grade or deficient in other factors, may be 
deemed to be a separate lot; and
    (iii) If the applicant requests more than one inspection certificate 
covering different portions of such processed product, the quantity of 
the product covered by each certificate shall be deemed to be a separate 
lot.
    (2) For the purpose of sampling and determining the grade or 
compliance with a specification, ``Lot'' means each pile of containers 
of the same size and type containing a processed product of the same 
type and style which is separated from other piles in the same 
warehouse, but containers in the same pile bearing an identification 
mark different from other containers in that

[[Page 931]]

pile may be deemed to be a separate lot.
    Official establishment. ``Official establishment'' means any 
establishment which has been approved by National Marine Fisheries 
Service, and utilizes inspection service on a contract basis.
    Officially drawn sample. ``Officiallydrawn sample'' means any sample 
that has been selected from a particular lot by an inspector, licensed 
sampler, or by any other person authorized by the Secretary pursuant to 
the regulations in this part.
    Person. ``Person'' means any individual, partnership, association, 
business trust, corporation, any organized group of persons (whether 
incorporated or not), the United States (including, but not limited to, 
any corporate agencies thereof), any State, county, or municipal 
government, any common carrier, and any authorized agent of any of the 
foregoing.
    Plant. ``Plant'' means the premises, buildings, structures, and 
equipment (including, but not being limited to, machines, utensils, and 
fixtures) employed or used with respect to the manufacture or production 
of processed products.
    Processed product. ``Processed product'' means any fishery product 
or other food product covered under the regulations in this part which 
has been preserved by any recognized commercial process, including, but 
not limited to, canning, freezing, dehydrating, drying, the addition of 
chemical substances, or by fermentation.
    Quality. ``Quality'' means the inherent properties of any processed 
product which determine the relative degree of excellence of such 
product, and includes the effects of preparation and processing, and may 
or may not include the effects of packing media, or added ingredients.
    Rejection number. ``Rejection number'' means the number in a 
sampling plan that indicates the minimum number of deviants in a sample 
that will cause a lot to fail a specific requirement.
    Sample. ``Sample'' means any number of sample units to be used for 
inspection.
    Sample unit. ``Sample unit'' means a container and/or its entire 
contents, a portion of the contents of a container or other unit of 
commodity, or a composite mixture of a product to be used for 
inspection.
    Sampling. ``Sampling'' means the act of selecting samples of 
processed products for the purpose of inspection under the regulations 
in this part.
    Secretary. ``Secretary'' means the Secretary of the Department or 
any other officer or employee of the Department authorized to exercise 
the powers and to perform the duties of the Secretary in respect to the 
matters covered by the regulations in this part.
    Shipping container. ``Shipping container'' means an individual 
container designed for shipping a number of packages or cans ordinarily 
packed in a container for shipping or designed for packing unpackaged 
processed products for shipping.
    Unofficially drawn sample. ``Unofficially drawn sample'' means any 
sample that has been selected by any person other than an inspector or 
licensed sampler, or by any other person not authorized by the Director 
pursuant to the regulations in this part.
    Wholesome. ``Wholesome'' means the minimum basis of acceptability 
for human food purposes, of any fish or fishery product as defined in 
section 402 of the Federal Food, Drug, and Cosmetic Act, as amended.

[31 FR 16052, Dec. 15, 1966, as amended at 36 FR 21037, Nov. 3, 1971]



Sec. 260.7  Designation of official certificates, memoranda, marks,
other identifications, and devices for purposes of the Agricultural

Marketing Act.

    Subsection 203(h) of the Agricultural Marketing Act of 1946 provides 
criminal penalties for various specified offenses relating to official 
certificates, memoranda, marks or other identifications and devices for 
making such marks or identifications, issued or authorized under section 
203 of said act, and certain misrepresentations concerning the 
inspection or grading of agricultural products under said section. For 
the purposes of said subsection and the provisions in this part, the 
terms listed below shall have the respective meanings specified:

[[Page 932]]

    Official certificate. ``Official certificate'' means any form of 
certification, either written or printed, including those defined in 
Sec. 260.6, used under this part to certify with respect to the 
inspection, class, grade, quality, size, quantity, or condition of 
products (including the compliance of products with applicable 
specifications).
    Official device. ``Official device'' means a stamping appliance, 
branding device, stencil, printed label, or any other mechanically or 
manually operated tool that is approved by the Director for the purpose 
of applying any official mark or other identification to any product or 
the packaging material thereof.
    Official identification. ``Official identification'' means any 
United States (U.S.) standard designation of class, grade, quality, 
size, quantity, or condition specified in this part or any symbol, 
stamp, label, or seal indicating that the product has been graded or 
inspected and/or indicating the class, grade, quality, size, quantity, 
or condition of the product approved by the Director and authorized to 
be affixed to any product, or affixed to or printed on the packaging 
material of any product.
    Official mark. ``Official mark'' means the grade mark, inspection 
mark, combined form of inspection and grade mark, and any other mark, or 
any variations in such marks, including those prescribed in Sec. 
260.86, approved by the Secretary and authorized to be affixed to any 
product, or affixed to or printed on the packaging material of any 
product, stating that the product was graded or inspected or both, or 
indicating the appropriate U.S. Grade or condition of the product, or 
for the purpose of maintaining the identity of products graded or 
inspected or both under this part.
    Official memorandum. ``Official memorandum'' means any initial 
record of findings made by an authorized person in the process of 
grading, inspecting, or sampling pursuant to this part, any processing 
or plant-operation report made by an authorized person in connection 
with grading, inspecting, or sampling under this part, and any report 
made by an authorized person of services performed pursuant to this 
part.

                           Inspection Service



Sec. 260.12  Where inspection service is offered.

    Inspection service may be furnished wherever an inspector or 
licensed sampler is available and the facilities and conditions are 
satisfactory for the conduct of such service.



Sec. 260.13  Who may obtain inspection service.

    An application for inspection service may be made by any interested 
party, including, but not limited to, the United States and any 
instrumentality or agency thereof, any State, county, municipality, or 
common carrier, and any authorized agent in behalf of the foregoing.



Sec. 260.14  How to make application.

    An application for inspection service may be made to the officer of 
inspection or to any inspector, at or nearest the place where the 
service is desired. An up-to-date list of the Inspection Field Offices 
of the Department may be obtained upon request to the Director. 
Satisfactory proof that the applicant is an interested party shall be 
furnished.



Sec. 260.15  Information required in connection with application.

    Application for inspection service shall be made in the English 
language and may be made orally (in person or by telephone), in writing, 
or by telegraph. If an application for inspection service is made 
orally, such application shall be confirmed promptly in writing. In 
connection with each application for inspection service, there shall be 
furnished such information as may be necessary to perform an inspection 
on the processed product for which application for inspection is made, 
including but not limited to, the name of the product, name and address 
of the packer or plant where such product was packed, the location of 
the product, its lot or car number, codes or other identification marks, 
the number of containers, the type and size of the containers, the 
interest of the applicant in the product, whether the lot has been 
inspected previously to the application by any Federal agency and the 
purpose for which inspection is desired.

[[Page 933]]



Sec. 260.16  Filing of application.

    An application for inspection service shall be regarded as filed 
only when made in accordance with the regulations in this part.



Sec. 260.17  Record of filing time.

    A record showing the date and hour when each application for 
inspection or for an appeal inspection is received shall be maintained.



Sec. 260.18  When application may be rejected.

    An application for inspection service may be rejected by the 
Secretary (a) for noncompliance by the applicant with the regulations in 
this part, (b) for nonpayment for previous inspection services rendered, 
(c) when the product is not properly identifiable by code or other 
marks, or (d) when it appears that to perform the inspection service 
would not be to the best interests of the Government. Such applicant 
shall be promptly notified of the reason for such rejection.



Sec. 260.19  When application may be withdrawn.

    An application for inspection service may be withdrawn by the 
applicant at any time before the inspection is performed: Provided, 
That, the applicant shall pay at the hourly rate prescribed in Sec. 
260.70 for the time incurred by the inspector in connection with such 
application, any travel expenses, telephone, telegraph or other expenses 
which have been incurred by the inspection service in connection with 
such application.

[31 FR 16052, Dec. 15, 1966, as amended at 36 FR 18738, Sept. 21, 1971]



Sec. 260.20  Disposition of inspected sample.

    Any sample of a processed product that has been used for inspection 
may be returned to the applicant, at his request and expense; otherwise 
it shall be destroyed, or disposed of to a charitable institution.



Sec. 260.21  Basis of inspection and grade or compliance determination.

    (a) Inspection service shall be performed on the basis of the 
appropriate U.S. standards for grades of processed products, Federal, 
Military, Veterans Administration or other government agency 
specifications, written contract specification, or any written 
specification or instruction which is approved by the Secretary.
    (b) Unless otherwise approved by the Director compliance with such 
grade standards, specifications, or instructions shall be determined by 
evaluating the product, or sample, in accordance with the requirements 
of such standards, specifications, or instructions: Provided, That when 
inspection for quality is based on any U.S. grade standard which 
contains a scoring system the grade to be assigned to a lot is the grade 
indicated by the average of the total scores of the sample units: 
Provided further, That:
    (1) Such sample complies with the applicable standards of quality 
promulgated under the Federal Food, Drug, and Cosmetic Act;
    (2) Such sample complies with the product description;
    (3) Such sample meets the indicated grade with respect to factors of 
quality which are not rated by score points; and
    (4) With respect to those factors of quality which are rated by 
score points, each of the following requirements is met:
    (i) None of the sample units falls more than one grade below the 
indicated grade because of any quality factor to which a limiting rule 
applies;
    (ii) None of the sample units falls more than 4 score points below 
the minimum total score for the indicated grade; and
    (iii) The number of sample units classed as deviants does not exceed 
the applicable acceptance number indicated in the sampling plans 
contained in Sec. 260.61. A ``deviant,'' as used in this paragraph, 
means a sample unit that falls into the next grade below the indicated 
grade but does not score more than 4 points below the minimum total 
score for the indicated grade.
    (5) If any of the provisions contained in paragraphs (b)(3) and (4) 
of this section are not met the grade is determined by considering such 
provisions in connection with succeedingly lower

[[Page 934]]

grades until the grade of the lot, if assignable, is established.



Sec. 260.22  Order of inspection service.

    Inspection service shall be performed, insofar as practicable, in 
the order in which applications therefor are made except that precedence 
may be given to any such applications which are made by the United 
States (including, but not being limited to, any instrumentality or 
agency thereof) and to any application for an appeal inspection.



Sec. 260.23  Postponing inspection service.

    If the inspector determines that it is not possible to accurately 
ascertain the quality or condition of a processed product immediately 
after processing because the product has not reached equilibrium in 
color, or drained weight, or for any other substantial reason, he may 
postpone inspection service for such period as may be necessary.



Sec. 260.24  Financial interest of inspector.

    No inspector shall inspect any processed product in which he is 
directly or indirectly financially interested.



Sec. 260.25  Forms of certificates.

    Inspection certificates, certificates of sampling or loading, and 
other memoranda concerning inspection service shall be issued on forms 
approved by the Secretary.



Sec. 260.26  Issuance of certificates.

    (a) An inspection certificate may be issued only by an inspector: 
Provided, That, another employee of the inspection service may sign any 
such certificate covering any processed product inspected by an 
inspector when given power of attorney by such inspector and authorized 
by the Secretary, to affix the inspector's signature to an inspection 
certificate which has been prepared in accordance with the facts set 
forth in the notes, made by the inspector, in connection with the 
inspection.
    (b) A certificate of loading shall be issued and signed by the 
inspector or licensed sampler authorized to check the loading of a 
specific lot of processed products: Provided, That, another employee of 
the inspection service may sign such certificate of loading covering any 
processed product checkloaded by an inspector or licensed sampler when 
given power of attorney by such inspector or licensed sampler and 
authorized by the Secretary to affix the inspector's or licensed 
sampler's signature to a certificate of loading which has been prepared 
in accordance with the facts set forth in the notes made by the 
inspector or licensed sampler in connection with the checkloading of a 
specific lot of processed products.



Sec. 260.27  Issuance of corrected certificates.

    A corrected inspection certificate may be issued by the inspector 
who issued the original certificate after distribution of a certificate 
if errors, such as incorrect dates, code marks, grade statements, lot or 
car numbers, container sizes, net or drained weights, quantities, or 
errors in any other pertinent information require the issuance of a 
corrected certificate. Whenever a corrected certificate is issued, such 
certificate shall supersede the inspection certificate which was issued 
in error and the superseded certificate shall become null and void after 
the issuance of the corrected certificate.



Sec. 260.28  Issuance of an inspection report in lieu of an inspection
certificate.

    A letter report in lieu of an inspection certificate may be issued 
by an inspector when such action appears to be more suitable than an 
inspection certificate: Provided, That, the issuance of such report is 
approved by the Secretary.



Sec. 260.29  Disposition of inspection certificates.

    The original of any inspection certificate, issued under the 
regulations in this part, and not to exceed four copies thereof, if 
requested prior to issuance, shall be delivered or mailed promptly to 
the applicant, or person designated by the applicant. All other copies 
shall

[[Page 935]]

be filed in such manner as the Secretary may designate. Additional 
copies of any such certificates may be supplied to any interested party 
as provided in Sec. 260.78.



Sec. 260.30  Report of inspection results prior to issuance of formal
report.

    Upon request of any interested party, the results of an inspection 
may be telegraphed or telephoned to him, or to any other person 
designated by him, at his expense.

                            Appeal Inspection



Sec. 260.36  When appeal inspection may be requested.

    An application for an appeal inspection may be made by any 
interested party who is dissatisfied with the results of an inspection 
as stated in an inspection certificate, if the lot of processed products 
can be positively identified by the inspection service as the lot from 
which officially drawn samples were previously inspected. Such 
application shall be made within thirty (30) days following the day on 
which the previous inspection was performed, except upon approval by the 
Secretary the time within which an application for appeal inspection may 
be made, may be extended.



Sec. 260.37  Where to file for an appeal inspection and information required.

    (a) Application for an appeal inspection may be filed with:
    (1) The inspector who issued the inspection certificate on which the 
appeal covering the processed product is requested; or
    (2) The inspector in charge of the office of inspection at or 
nearest the place where the processed product is located.
    (b) The application for appeal inspection shall state the location 
of the lot of processed products and the reasons for the appeal; and 
date and serial number of the certificate covering inspection of the 
processed product on which the appeal is requested, and such application 
may be accompanied by a copy of the previous inspection certificate and 
any other information that may facilitate inspection. Such application 
may be made orally (in person or by telephone), in writing, or by 
telegraph. If made orally, written confirmation shall be made promptly.



Sec. 260.38  When an application for an appeal inspection may be withdrawn.

    An application for appeal inspection may be withdrawn by the 
applicant at any time before the appeal inspection is performed: 
Provided, That the applicant shall pay at the hourly rate prescribed in 
Sec. 260.70, for the time incurred by the inspector in connection with 
such application, any travel expenses, telephone, telegraph, or other 
expenses which have been incurred by the inspection service in 
connection with such application.

[31 FR 16052, Dec. 15, 1966, as amended at 36 FR 18738, Sept. 21, 1971]



Sec. 260.39  When appeal inspection may be refused.

    An application for an appeal inspection may be refused if:
    (a) The reasons for the appeal inspection are frivolous or not 
substantial;
    (b) The quality or condition of the processed product has undergone 
a material change since the inspection covering the processed product on 
which the appeal inspection is requested;
    (c) The lot in question is not, or cannot be made accessible for the 
selection of officially drawn samples;
    (d) The lot relative to which appeal inspection is requested cannot 
be positively identified by the inspector as the lot from which 
officially drawn samples were previously inspected; or
    (e) There is noncompliance with the regulations in this part. Such 
applicant shall be notified promptly of the reason for such refusal.



Sec. 260.40  Who shall perform appeal inspection.

    An appeal inspection shall be performed by an inspector or 
inspectors (other than the one from whose inspection the appeal is 
requested) authorized for this purpose by the Secretary and, whenever 
practical, such appeal inspection shall be conducted jointly by two such 
inspectors: Provided, That the inspector who made the inspection on 
which the appeal is requested may be authorized to draw the samples when

[[Page 936]]

another inspector or licensed sampler is not available in the area where 
the product is located.



Sec. 260.41  Appeal inspection certificate.

    After an appeal inspection has been completed, an appeal inspection 
certificate shall be issued showing the results of such appeal 
inspection; and such certificate shall supersede the inspection 
certificate previously issued for the processed product involved. Each 
appeal inspection certificate shall clearly identify the number and date 
of the inspection certificate which it supersedes. The superseded 
certificate shall become null and void upon the issuance of the appeal 
inspection certificate and shall no longer represent the quality or 
condition of the processed product described therein. The inspector or 
inspectors issuing an appeal inspection certificate shall forward notice 
of such issuance to such persons as he considers necessary to prevent 
misuse of the superseded certificate if the original and all copies of 
such superseded certificate have not previously been delivered to the 
inspector or inspectors issuing the appeal inspection certificate. The 
provisions in the regulations in this part concerning forms of 
certificates, issuance of certificates, and disposition of certificates 
shall apply to appeal inspection certificates, except that copies of 
such appeal inspection certificates shall be furnished all interested 
parties who received copies of the superseded certificate.

                  Licensing of Samplers and Inspectors



Sec. 260.47  Who may become licensed sampler.

    Any person deemed to have the necessary qualifications may be 
licensed as a licensed sampler to draw samples for the purpose of 
inspection under the regulations in this part. Such a license shall bear 
the printed signature of the Secretary, and shall be countersigned by an 
authorized employee of the Department. Licensed samplers shall have no 
authority to inspect processed products under the regulations in this 
part except as to identification and condition of the containers in a 
lot. A licensed sampler shall perform his duties pursuant to the 
regulations in this part as directed by the Director.



Sec. 260.48  Application to become a licensed sampler.

    Application to become a licensed sampler shall be made to the 
Secretary on forms furnished for that purpose. Each such application 
shall be signed by the applicant in his own handwriting, and the 
information contained therein shall be certified by him to be true, 
complete, and correct to the best of his knowledge and belief, and the 
application shall contain or be accompanied by:
    (a) A statement showing his present and previous occupations, 
together with names of all employers for whom he has worked, with 
periods of service, during the 10 years previous to the date of his 
application;
    (b) A statement that, in his capacity as a licensed sampler, he will 
not draw samples from any lot of processed products with respect to 
which he or his employer is an interested party;
    (c) A statement that he agrees to comply with all terms and 
conditions of the regulations in this part relating to duties of 
licensed samplers; and
    (d) Such other information as may be requested.



Sec. 260.49  Inspectors.

    Inspections will ordinarily be performed by employees under the 
Secretary who are employed as Federal Government employees for that 
purpose. However, any person employed under any joint Federal-State 
inspection service arrangement may be licensed, if otherwise qualified, 
by the Secretary to make inspections in accordance with this part on 
such processed products as may be specified in his license. Such license 
shall be issued only in a case where the Secretary is satisfied that the 
particular person is qualified to perform adequately the inspection 
service for which such person is to be licensed. Each such license shall 
bear the printed signature of the Secretary and shall be countersigned 
by an authorized employee of the Department. An inspector shall perform 
his duties pursuant to the regulations in this part as directed by the 
Director.

[[Page 937]]



Sec. 260.50  Suspension or revocation of license of licensed sampler or 
licensed inspector.

    Pending final action by the Secretary, the Director may, whenever he 
deems such action necessary, suspend the license of any licensed 
sampler, or licensed inspector, issued pursuant to the regulations in 
this part, by giving notice of such suspension to the respective 
licensee, accompanied by a statement of the reasons therefor. Within 7 
days after the receipt of the aforesaid notice and statement of reasons 
by such licensee, he may file an appeal, in writing, with the Secretary 
supported by any argument or evidence that he may wish to offer as to 
why his license should not be suspended or revoked. After the expiration 
of the aforesaid 7 day period and consideration of such argument and 
evidence, the Secretary shall take such action as he deems appropriate 
with respect to such suspension or revocation.



Sec. 260.51  Surrender of license.

    Upon termination of his services as a licensed sampler or licensed 
inspector, or suspension or revocation of his license, such licensee 
shall surrender his license immediately to the office of inspection 
serving the area in which he is located. These same provisions shall 
apply in a case of an expired license.

                                Sampling



Sec. 260.57  How samples are drawn by inspectors or licensed samplers.

    An inspector or a licensed sampler shall select samples, upon 
request, from designated lots of processed products which are so placed 
as to permit thorough and proper sampling in accordance with the 
regulations in this part. Such person shall, unless otherwise directed 
by the Secretary, select sample units of such products at random, and 
from various locations in each lot in such manner and number, not 
inconsistent with the regulations in this part, as to secure a 
representative sample of the lot. Samples drawn for inspection shall be 
furnished by the applicant at no cost to the Department.



Sec. 260.58  Accessibility for sampling.

    Each applicant shall cause the processed products for which 
inspection is requested to be made accessible for proper sampling. 
Failure to make any lot accessible for proper sampling shall be 
sufficient cause for postponing inspection service until such time as 
such lot is made accessible for proper sampling.



Sec. 260.59  How officially drawn samples are to be identified.

    Officially drawn samples shall be marked by the inspector or 
licensed sampler so such samples can be properly identified for 
inspection.



Sec. 260.60  How samples are to be shipped.

    Unless otherwise directed by the Secretary, samples which are to be 
shipped to any office of inspection shall be forwarded to the office of 
inspection serving the area in which the processed prodcuts from which 
the samples were drawn is located. Such samples shall be shipped in a 
manner to avoid, if possible, any material change in the quality or 
condition of the sample of the processed product. All transportation 
charges in connection with such shipments of samples shall be at the 
expense of the applicant and wherever practicable, such charges shall be 
prepaid by him.



Sec. 260.61  Sampling plans and procedures for determining lot compliance.

    (a) Except as otherwise provided for in this section in connection 
with in-plant inspection and unless otherwise approved by the Secretary, 
samples shall be selected from each lot in the exact number of sample 
units indicated for the lot size in the applicable single sampling plan 
or, at the discretion of the inspection service, any comparable multiple 
sampling plan: Provided, That at the discretion of the inspection 
service the number of sample units selected may be increased to the 
exact number of sample units indicated for any one of the larger sample 
sizes provided for in the appropriate plans.
    (b) Under the single sampling plans with respect to any specified 
requirement:

[[Page 938]]

    (1) If the number of deviants (as defined in connection with the 
specific requirements) in the sample does not exceed the acceptance 
number prescribed for the sample size the lot meets the requirement;
    (2) If the number of deviants (as defined in connection with the 
specific requirement) in the sample exceeds the acceptance number 
prescribed for the sample size the lot fails the requirement.
    (c) Under the multiple sampling plans inspection commences with the 
smallest sample size indicated under the appropriate plan and with 
respect to any specified requirement:
    (1) If the number of deviants (as defined in connection with the 
specific requirement) in the sample being considered does not exceed the 
acceptance number prescribed for that sample size the lot meets the 
requirement;
    (2) If the number of deviants (as defined in connection with the 
specific requirement) in the sample being considered equals or exceeds 
the rejection number prescribed for that sample size the lot fails the 
requirement; or
    (3) If the number of deviants (as defined in connection with the 
specific requirement) in the sample being considered falls between the 
acceptance and rejection numbers of the plan, additional sample units 
are added to the sample so that the sample thus cumulated equals the 
next larger cumulative sample size in the plan. It may then be 
determined that the lot meets or fails the specific requirement by 
considering the cumulative sample and applying the procedures outlined 
in paragraphs (c)(1) and (2) of this section or by considering 
successively larger samples cumulated in the same manner until the lot 
meets or fails the specific requirement.
    (d) If in the conduct of any type of in-plant inspection the sample 
is examined before the lot size is known and the number of sample units 
exceeds the prescribed sample size for such lot but does not equal any 
of the prescribed larger sample sizes the lot may be deemed to meet or 
fail a specific requirement in accordance with the following procedure:
    (1) If the number of deviants (as defined in connection with the 
specific requirement) in the nonprescribed sample does not exceed the 
acceptance number of the next smaller sample size the lot meets the 
requirements;
    (2) If the number of deviants (as defined in connection with the 
specific requirement) in the nonprescribed sample equals the acceptance 
number prescribed for the next larger sample size additional sample 
units shall be selected to increase the sample to the next larger 
prescribed sample size;
    (3) If the number of deviants (as defined in connection with the 
specific requirement) in the nonprescribed sample exceeds the acceptance 
number prescribed for the next larger sample size the lot fails the 
requirement.
    (e) In the event that the lot compliance determination provisions of 
a standard or specification are based on the number of specified 
deviations instead of deviants the procedures set forth in this section 
may be applied by substituting the word ``deviation'' for the word 
``deviant'' wherever it appears.
    (f) Sampling plans referred to in this section are those contained 
in Tables I, II, III, IV, V, and VI which follow or any other plans 
which are applicable. For processed products not included in these 
tables, the minimum sample size shall be the exact number of sample 
units prescribed in the table, container group, and lot size that, as 
determined by the inspector, most closely resembles the product, type, 
container size and amount of product to be samples.

[[Page 939]]



                                                                           Single Sampling Plans and Acceptance Levels
                      Table I--Canned or Similarly Processed Fishery Products, and Products Thereof Containing Units of Such Size and Character as to be Readily Separable
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Lot size (number of containers)
           Container size group           ------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 group 1
 
Any type of container of less volume than   3,600 or less    3,601-14,400   14,401-48,000   48,001-96,000  156,001-228,000   228,001-300,000   300,001-420,000      Over 420,000
 that of a No. 300 size can (300x407)....                                                  96,001-156,000
 
                 group 2
 
Any type of container of a volume equal     2,400 or less    2,401-12,000   12,001-24,000   24,001-48,000   72,001-108,000   108,001-168,000   168,001-240,000      Over 240,000
 to or exceeding that of a No. 300 size                                                     48,001-72,000
 can, but not exceeding that of a No. 3
 cylinder size can (404x700).............
 
                 group 3
 
Any type of container of a volume           1,200 or less     1,201-7,200    7,201-15,000   15,001-24,000    24,001-36,000     36,001-60,000     60,001-84,000    84,001-120,000    Over 120,000
 exceeding that of a No. 3 cylinder size
 can, but not exceeding that of a No. 12
 size can (603x812)......................
 
                 group 4
 
Any type of container of a volume             200 or less         201-800       801-1,600     1,601-2,400      2,401-3,600       3,601-8,000      8,001-16,000     16,001-28,000
 exceeding that of a No. 12 size can, but                                                                                                                            Over 28,000
 not exceeding that of a 5-gallon
 container...............................
 
                 group 5
 
Any type of container of a volume              25 or less           26-80          81-200         201-400          401-800         801-1,200       1,201-2,000       2,001-3,200      Over 3,200
 exceeding that of a 5-gallon container..
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 940]]

 
                                                                                    Single sampling plans \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sample size (number of sample units) \2\.               3               6              13              21               29                38                48                60              72
Acceptance number........................               0               1               2               3                4                 5                 6                 7
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For extension of the single sample sizes beyond 72 sample units, refer to table V of this section; for multiple sampling plans comparable to the various single sampling plans refer to
  table VI of this section.
\2\ The sample units for the various container size groups are as follows: Groups 1, 2, and 3--1 container and its entire contents. Groups 4 and 5--approximately 2 pounds of product. When
  determined by the inspector that a 2-pound sample unit is inadequate, a larger sample unit may be substituted.


                      Table II--Frozen or Similarly Processed Fishery Products, and Products Thereof Containing Units of Such Size and Character as to be Readily Separable
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Lot size (number of containers)
           Container size group           ------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 group 1
 
Any type of container of 1 pound or less    2,400 or less    2,401-12,000   12,001-24,000   24,001-48,000    48,001-72,000    72,001-108,000   108,001-168,000   168,001-240,000    Over 240,000
 net weight..............................
 
                 group 2
 
Any type of container over 1 pound but      1,800 or less     1,801-8,400    8,401-18,000   18,001-36,000    36,001-60,000     60,001-96,000    96,001-132,000   132,001-168,000    Over 168,000
 not over 4 pounds net weight............
 
                 group 3
 
Any type of container over 4 pounds but       900 or less       901-3,600    3,601-10,800   10,801-18,000    18,001-36,000     36,001-60,000     60,001-84,000    84,001-120,000    Over 120,000
 not over 10 pounds net weight...........
 
                 group 4
 
Any type of container over 10 pounds but      200 or less         201-800       801-1,600     1,601-2,400      2,401-3,600       3,601-8,000      8,001-16,000     16,001-28,000     Over 28,000
 not over 100 pounds net weight..........
 

[[Page 941]]

 
                 group 5
 
Any type of container over 100 pounds net      25 or less           26-80          81-200         201-400          401-800         801-1,200       1,201-2,000       2,001-3,200      Over 3,200
 weight..................................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Single sampling plans \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sample size (number of sample units) \2\.               3               6              13              21               29                38                48                60              72
Acceptance number........................               0               1               2               3                4                 5                 6                 7               8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For extension of the single sample sizes beyond 72 sample units, refer to table V of this section; for multiple sampling plans comparable to the various single sampling plans refer to
  table VI of this section.
\2\ The sample units for the various container size groups are as follows: Groups 1, 2, and 3--1 container and its entire contents. Groups 4 and 5--approximately 3 pounds of product. When
  determined by the inspector that a 3-pound sample unit is inadequate, a larger sample unit or 1 or more containers and their entire contents may be substituted for 1 or more sample units of
  3 pounds.


                        Table III--Canned, Frozen, or Otherwise Processed Fishery and Related Products, and Products Thereof of a Comminuted, Fluid, or Homogeneous State
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Lot size (number of containers)
           Container size group \1\           --------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                   group 1
 
Any type of container of 12 ounces or less...      5,400 or  5,401-21,600   21,601-62,400   62,401-112,000   112,001-174,000   174,001-240,000   240,001-360,000   360,001-480,000  Over 480,000
                                                       less
 
                   group 2
 
Any type of container over 12 ounces but not       3,600 or  3,601-14,400   14,401-48,000    48,001-96,000    96,001-156,000   156,001-228,000   228,001-300,000   300,001-420,000  Over 420,000
 over 60 ounces..............................          less
 
                   group 3
 
Any type of container over 60 ounces but not       1,800 or   1,801-8,400    8,401-18,000    18,001-60,000     36,001-60,000     60,001-96,000    96,001-132,000   132,001-168,000  Over 168,000
 over 160 ounces.............................          less
 
                   group 4
 
Any type of container over 160 ounces but not   200 or less       201-800       801-1,600      1,601-3,200       3,201-8,000      8,001-16,000     16,001-24,000     24,001-32,000   Over 32,000
 over 10 gallons or 100 pounds whichever is
 applicable..................................
 
                   group 5
 
Any type of container over 10 gallons or 100     25 or less         26-80          81-200          201-400           401-800         801-1,200       1,201-2,000       2,001-3,200    Over 3,200
 pounds whichever is applicable..............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 942]]

 
                                                                                    Single sampling plans \2\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sample size (number of sample units) \3\.....             3             6              13               21                29                38                48                60            72
Acceptance number............................             0             1               2                3                 4                 5                 6                 7             8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Ounces pertain to either fluid ounces of volume or avoirdupois ounces of net weight whichever is applicable for the product involved.
\2\ For extension of the single sample sizes beyond 72 sample units, refer to table V of this section; for multiple sampling plans comparable to the various single sampling plans refer to
  table VI of this section.
\3\ The sample units for the various container size groups are as follows: Groups 1, 2, and 3--1 container and its entire contents. A smaller sample unit may be substituted in group 3 at the
  inspector's discretion. Groups 4, 5, and 6--approximately 16 ounces of product. When determined by the inspector that a 16-ounce sample unit is inadequate, a larger sample unit may be
  substituted.


                                                                        Table IV--Dehydrated Fishery and Related Products
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Lot size (number of containers)
          Container size group           -------------------------------------------------------------------------------------------------------------------------------------------------------
 
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 group 1
 
Any type of container of 1 pound or less   1,800 or less     1,801-8,400    8,401-18,000   18,001-36,000     36,001-60,000     60,001-96,000    96,001-132,000   132,001-168,000    Over 168,000
 net weight.............................
 
                 group 2
 
Any type of container over 1 pound but       900 or less       901-3,600    3,601-10,800   10,801-18,000     18,001-36,000     36,001-60,000     60,001-84,000    84,001-120,000    Over 120,000
 not over 6 pounds net weight...........
 
                 group 3
 
Any type of container over 6 pounds but      200 or less         201-800       801-1,600     1,601-3,200       3,201-8,000      8,001-16,000     16,001-24,000     24,001-32,000     Over 32,000
 not over 20 pounds net weight..........
 
                 group 4
 
Any type of container over 20 pounds but      48 or less          49-400       401-1,200     1,201-2,000       2,001-2,800       2,801-6,000       6,001-9,600      9,601-15,000     Over 15,000
 not over 100 pounds net weight.........
 

[[Page 943]]

 
                 group 5
 
Any type of container over 100 pounds         16 or less           17-80          81-200         201-400           401-800         801-1,200       1,201-2,000       2,001-3,200      Over 3,200
 net weight.............................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Single sampling plans \1\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Sample size (number of sample units) \2\               3               6              13              21                29                38                48                60              72
Acceptance number.......................               0               1               2               3                 4                 5                 6                 7               8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For extension of the single sample sizes beyond 72 sample units, refer to table V of this section; for multiple sampling plans comparable to the various single sampling plans refer to
  table VI of this section.
\2\ The sample units for the various container size groups are as follows: Group 1--1 container and its entire contents. Groups 2, 3, 4, and 5--1 container and its entire contents or a smaller
  sample unit when determined by the inspector to be adequate.


                                                     Table V--Single Sampling Plans for Use in Increasing Sample Size Beyond 72 Sample Units
Sample size, n.....................................................   84   96  108  120  132  144  156  168  180  192  204  216  230  244  258  272  286  300  314  328  342  356  370  384  400
Acceptance numbers, c..............................................    9   10   11   12   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33
 


                                                               Multiple Sampling Plans \1\
                                   Table VI--Multiple Sampling Plans Comparable to the Indicated Single Sampling Plans
Indicated single sampling plan:
  Single sample size, n.........  ...    6  ...  ...   13  ...  ...   21  ...  ...   29  ...  ...   38  ...  ...   48  ...  ...   60  ...  ...   72
                                 -----------------------------------------------------------------------------------------------------------------------
  Acceptance numbers, c.........  ...    1  ...  ...    2  ...  ...    3  ...  ...    4  ...  ...    5  ...  ...    6  ...  ...    7  ...  ...    8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cumulative sample sizes, nc, and   nc    c    r   nc    c    r   nc    c    r   nc    c    r   nc    c    r   nc    c    r   nc    c    r   nc    c    r
 acceptance numbers, c,
    and rejection numbers, r,       4    0    2    8    0    3   10    0    3   12    0    4   14    0    4   16    0    4   18    0    5   22    0    5
     for multiple sampling.
                                    6    0    2   10    0    3   14    1    4   16    0    4   20    0    5   24    1    5   28    1    6   32    1    7
                                    8    1    2   12    1    3   18    1    4   20    1    5   26    1    6   32    2    6   38    2    7   42    2    8
                                  ...  ...  ...   14    2    3   22    2    5   24    2    5   32    2    6   40    3    8   48    3    8   52    3    9
                                  ...  ...  ...  ...  ...  ...   26    4    5   28    3    6   38    3    7   48    4    8   58    4    8   62    5   10
                                  ...  ...  ...  ...  ...  ...  ...  ...  ...   32    3    6   44    6    7   56    7    8   68    8    9   72    6   10
                                  ...  ...  ...  ...  ...  ...  ...  ...  ...   36    5    6  ...  ...  ...  ...  ...  ...  ...  ...  ...   82    9   10
\1\ These multiple sampling plans may be used in lieu of the single sampling plans listed at the heading of each column.


[[Page 944]]



Sec. 260.62  Issuance of certificate of sampling.

    Each inspector and each licensed sampler shall prepare and sign a 
certificate of sampling to cover the samples drawn by the respective 
person, except that an inspector who inspects the samples which he has 
drawn need not prepare a certificate of sampling. One copy of each 
certificate of sampling prepared shall be retained by the inspector or 
licensed sampler (as the case may be) and the original and all other 
copies thereof shall be disposed of in accordance with the instructions 
of the Secretary.



Sec. 260.63  Identification of lots sampled.

    Each lot from which officially drawn samples are selected shall be 
marked in such manner as may be prescribed by the Secretary, if such 
lots do not otherwise possess suitable identification.

                            Fees and Charges



Sec. 260.69  Payment fees and charges.

    Fees and charges for any inspection service shall be paid by the 
interested party making the application for such service, in accordance 
with the applicable provisions of the regulations in this part, and, if 
so required by the person in charge of the office of inspection serving 
the area where the services are to be performed, an advance of funds 
prior to rendering inspection service in an amount suitable to the 
Secretary, or a surety bond suitable to the Secretary, may be required 
as a guarantee of payment for the services rendered. All fees and 
charges for any inspection service, performed pursuant to the 
regulations in this part shall be paid by check, draft, or money order 
made payable to the National Marine Fisheries Service. Such check, 
draft, or money order shall be remitted to the appropriate regional or 
area office serving the geographical area in which the services are 
performed, within ten (10) days from the date of billing, unless 
otherwise specified in a contract between the applicant and the 
Secretary, in which latter event the contract provisions shall apply.

[36 FR 21038, Nov. 3, 1971]



Sec. 260.70  Schedule of fees.

    (a) Unless otherwise provided in a written agreement between the 
applicant and the Secretary, the fees to be charged and collected for 
any inspection service performed under the regulations in this part at 
the request of the United States, or any other agency or instrumentality 
thereof, will be published as a notice in the Federal Register and will 
be in accordance with Sec. 260.81.
    (b) Fees are reviewed annually to ascertain that the hourly fees 
charged are adequate to recover the costs of the services rendered.
    (1) The TYPE I (Contract Inspection) hourly fee is determined by 
dividing the estimated annual costs by the estimated annual billable 
hours.
    (2) The TYPE II (Lot Inspection) hourly fee is determined by adding 
a factor of 50 percent to the TYPE I fee, to cover additional costs 
(down-time, etc.) associated with conducting lot inspection services.
    (3) The TYPE III (Miscellaneous and Consulting) hourly fee is 
determined by adding a factor of 25 percent to the TYPE I fee, to cover 
the additional costs (down-time, etc.) associated with conducting 
miscellaneous inspection services.

[48 FR 24901, June 3, 1983]



Sec. 260.71  [Reserved]



Sec. 260.72  Fees for inspection service performed under cooperative
agreement.

    The fees to be charged and collected for any inspection or similar 
service performed under cooperative agreement shall be those provided 
for by such agreement.



Sec. 260.73  Disposition of fees for inspections made under cooperative
agreement.

    Fees for inspection under a cooperative agreement with any State or 
person shall be disposed of in accordance with the terms of such 
agreement. Such portion of the fees collected under a cooperative 
agreement as may be due the United States shall be remitted in 
accordance with Sec. 260.69.

[[Page 945]]



Sec. 260.74  Fee for appeal inspection.

    The fee to be charged for an appeal inspection shall be at the rates 
prescribed in this part for other inspection services: Provided, That, 
if the result of any appeal inspection made for any applicant, other 
than the United States or any agency or instrumentality thereof, 
discloses that a material error was made in the inspection on which the 
appeal is made, no inspection fee shall be assessed.



Sec. 260.76  [Reserved]



Sec. 260.77  Fees for score sheets.

    If the applicant for inspection service requests score sheets 
showing in detail the inspection of each container or sample inspected 
and listed thereon, such score sheets may be furnished by the inspector 
in charge of the office of inspection serving the area where the 
inspection was performed; and such applicant shall be changed at the 
rate of $2.75 for each 12 sampled units, or fraction thereof, inspected 
and listed on such score sheets.



Sec. 260.78  Fees for additional copies of inspection certificates.

    Additional copies of any inspection certificate other than those 
provided for in Sec. 260.29, may be supplied to any interested party 
upon payment of a fee of $2.75 for each set of five (5) or fewer copies.



Sec. 260.79  Travel and other expenses.

    Charges may be made to cover the cost of travel and other expenses 
incurred in connection with the performance of any inspection service, 
including appeal inspections: Provided, That, if charges for sampling or 
inspection are based on an hourly rate, an additional hourly charge may 
be made for travel time including time spent waiting for transportation 
as well as time spent traveling, but not to exceed 8 hours of travel 
time for any one person for any one day: And provided further, That, if 
travel is by common carrier, no hourly charge may be made for travel 
time outside the employee's official work hours.



Sec. 260.80  Charges for inspection service on a contract basis.

    Irrespective of fees and charges prescribed in the foregoing 
sections, the Secretary may enter into a written memorandum of 
understanding or contract, whichever may be appropriate, with any 
administrative agency charged with the administration of a marketing 
order effective pursuant to the Agricultural Marketing Agreement Act of 
1937, as revised (16 U.S.C. 661 et seq.) for the making of inspections 
pursuant to said agreement or order on such basis as will reimburse the 
National Marine Fisheries Service of the Department for the full cost of 
rendering such inspection service as may be determined by the Secretary. 
Likewise, the Secretary may enter into a written memorandum of 
understanding or contract, whichever may be appropriate, with an 
administrative agency charged with the administration of a similar 
program operated pursuant to the laws of any State.

[36 FR 21038, Nov. 3, 1971]



Sec. 260.81  Readjustment and increase in hourly rates of fees.

    (a) When Federal Pay Act increases occur, the hourly rates for 
inspection fees will automatically be increased on the effective date of 
the pay act by an amount equal to the increase received by the average 
GS grade level of fishery product inspectors receiving such pay 
increases.
    (b) The hourly rates of fees to be charged for inspection services 
will be subject to review and reevaluation for possible readjustment not 
less than every 3 years: Provided, That, the hourly rates of fees to be 
charged for inspection services will be immediately reevaluated as to 
need for readjustment with each Federal Pay Act increase.

[35 FR 15925, Oct. 9, 1970]

                              Miscellaneous



Sec. 260.84  Policies and procedures.

    The policies and procedures pertaining to any of the inspection 
services are contained within the NMFS Fishery Products Inspection 
Manual.

[[Page 946]]

The policies and procedures are available from the Secretary to any 
interested party by writing to Document Approval and Supply Services 
Branch, Inspection Services Division, P.O. Drawer 1207, 3207 Frederic 
St., Pascagoula, MS 39568-1207.

[61 FR 9369, Mar. 8, 1996]



Sec. 260.86  Approved identification.

    (a) Grade marks: The approved grade mark or identification may be 
used on containers, labels, or otherwise indicated for any processed 
product that:
    (1) Has been packed under inspection as provided in this part to 
assure compliance with the requirements for wholesomeness established 
for the raw product and of sanitation established for the preparation 
and processing operations, and (2) has been certified by an inspector as 
meeting the requirements of such grade, quality or classification.

The grade marks approved for use shall be similar in form and design to 
the examples of Figures 1 to 5 of this section.

Shield using red, white, and blue background or other colors appropriate 
                               for label.
[GRAPHIC] [TIFF OMITTED] TC01JY91.061

                                Figure 1

                      Shield with plain background.
[GRAPHIC] [TIFF OMITTED] TC01JY91.062

                                Figure 2
[GRAPHIC] [TIFF OMITTED] TC01JY91.063

                                Figure 3
[GRAPHIC] [TIFF OMITTED] TC01JY91.064

                                Figure 4
[GRAPHIC] [TIFF OMITTED] TC01JY91.065

                                Figure 5
    (b) Inspection marks: The approved inspection marks may be used on 
containers, labels, or otherwise indicated for any processed product 
that:
    (1) Has been packed under inspection as provided in this part to 
assure compliance with the requirements for wholesomeness established 
for the raw product and of sanitation established for the preparation 
and processing operations, and (2) has been certified by

[[Page 947]]

an inspector as meeting the requirements of such quality or grade 
classification as may be approved by the Secretary.

The inspection marks approved for use shall be similar in form and 
design to the examples in Figures 6, 7, and 8 of this section.

                   Statement enclosed within a circle.
[GRAPHIC] [TIFF OMITTED] TC01JY91.066

                                Figure 6

                Statement without the use of the circle.
[GRAPHIC] [TIFF OMITTED] TC01JY91.067

                                Figure 7

                Statement without the use of the circle.
[GRAPHIC] [TIFF OMITTED] TC01JY91.068

                                Figure 8
    (c) Combined grade and inspection marks: The grade marks set forth 
in paragraph (a) of this section, and the inspection marks, Figures 7 
and 8, set forth in paragraph (b) of this section, may be combined into 
a consolidated grade and inspection mark for use on processed products 
that have been packed under inspection as provided in this part.
    (d) Products not eligible for approved identification: Processed 
products which have not been packed under inspection as provided in this 
part shall not be identified by approved grade or inspection marks, but 
such products may be inspected on a lot inspection basis as provided in 
this part and identified by an authorized representative of the 
Department by stamping the shipping cases and inspection certificate(s) 
covering such lot(s) as appropriate, with marks similar in form and 
design to the examples in Figures 9 and 10 of this section.
[GRAPHIC] [TIFF OMITTED] TC01JY91.069

                                Figure 9

[[Page 948]]

[GRAPHIC] [TIFF OMITTED] TC01JY91.070

                                Figure 10
    (e) Removal of labels bearing inspection marks: At the time a lot of 
fishery products is found to be mislabeled and the labels on the 
packages are not removed within ten (10) consecutive calendar days, the 
following procedure shall be applicable:
    (1) The processor, under the supervision of the inspector, shall 
clearly and conspicuously mark all master cases in the lot by means of a 
``rejected by USDC Inspector'' stamp provided by the Department.
    (2) The processor shall be held accountable to the Department for 
all mislabeled products until the products are properly labeled.
    (3) Clearance for the release of the relabeled products shall be 
obtained by the processor from the inspector.
    (f) Users of inspection services having an inventory of labels which 
bear official approved identification marks stating ``U.S. Department of 
the Interior'' or otherwise referencing the Interior Department, will be 
permitted to use such marks until December 31, 1971, except that upon 
written request the Director, National Marine Fisheries Service, may 
extend such period for the use of specific labels.

[36 FR 4609, Mar. 10, 1971]



Sec. 260.88  Political activity.

    All inspectors and licensed samplers are forbidden, during the 
period of their respective appointments or licenses, to take an active 
part in political management or in political campaigns. Political 
activities in city, county, State, or national elections, whether 
primary or regular, or in behalf of any party or candidate, or any 
measure to be voted upon, are prohibited. This applies to all appointees 
or licensees, including, but not limited to, temporary and cooperative 
employees and employees on leave of absence with or without pay. Willful 
violation of this section will constitute grounds for dismissal in the 
case of appointees and revocation of licenses in the case of licensees.



Sec. 260.90  Compliance with other laws.

    None of the requirements in the regulations in this part shall 
excuse failure to comply with any Federal, State, county, or municipal 
laws applicable to the operation of food processing establishments and 
to processed food products.



Sec. 260.91  Identification.

    Each inspector and licensed sampler shall have in his possession at 
all times and present upon request, while on duty, the means of 
identification furnished by the Department to such person.



Sec. 260.93  Debarment and suspension.

    (a) Debarment. Any person may be debarred from using or benefiting 
from the inspection service provided under the regulations of this 
subchapter or under the terms of any inspection contract, and such 
debarment may apply to one or more plants under his control, if such 
person engages in one or more of the following acts or activities:
    (1) Misrepresenting, misstating, or withholding any material or 
relevant facts or information in conjunction with any application or 
request for an inspection contract, inspection service, inspection 
appeal, lot inspection, or other service provided for under the 
regulations of this subchapter.
    (2) Using on a processed product any label which displays any 
official identification, official device, or official mark, when the 
label is not currently approved for use by the Director or his delegate.

[[Page 949]]

    (3) Using on a processed product any label which displays the words 
``Packed Under Federal Inspection, U.S. Department of Commerce'', or 
which displays any official mark, official device, or official 
identification, or which displays a facsimile of the foregoing, when 
such product has not been inspected under the regulations of this 
subchapter.
    (4) Making any statement or reference to the U.S. Grade of any 
processed product or any inspection service provided under the 
regulations of this subchapter on the label or in the advertising of any 
processed product, when such product has not been inspected under the 
regulations of this subchapter.
    (5) Making, using, issuing or attempting to issue or use in 
conjunction with the sale, shipment, transfer or advertisement of a 
processed product any certificate of loading, certificate of sampling, 
inspection certificate, official device, official identification, 
official mark, official document, or score sheet which has not been 
issued, approved, or authorized for use with such product by an 
inspector.
    (6) Using any of the terms ``United States'', ``Officially graded'', 
``Officially inspected'', ``Government inspected'', ``Federally 
inspected'', ``Officially sampled'', or words of similar import or 
meanings, or using any official device, official identification, or 
official mark on the label, on the shipping container, or in the 
advertising of any processed product, when such product has not been 
inspected under the regulations of this subchapter.
    (7) Using, attempting to use, altering or reproducing any 
certificate, certificate form, design, insignia, mark, shield, device, 
or figure which simulates in whole or in part any official mark, 
official device, official identification, certificate of loading, 
certificate of sampling, inspection certificate or other official 
certificate issued pursuant to the regulations of this subchapter.
    (8) Assaulting, harassing, interfering, obstructing or attempting to 
interfere or obstruct any inspector or sampler in the performance of his 
duties under the regulations of this subchapter.
    (9) Violating any one or more of the terms of any inspection 
contract or the provisions of the regulations of this subchapter.
    (10) Engaging in acts or activities which destroy or interfere with 
the purposes of the inspection program or which have the effect of 
undermining the integrity of the inspection program.
    (b) Temporary suspension. (1) Whenever the Director has reasonable 
cause to believe that any person has engaged in any act or activity 
described in paragraph (a) of this section, and in such act or activity, 
in the judgment of the Director, would cause serious and irreparable 
injury to the inspection program and services provided under the 
regulations of this subchapter, the Director may, without a hearing, 
temporarily suspend, either before or after the institution of a 
debarment hearing, the inspection service provided under the regulations 
of this subchapter or under any inspection contract for one or more 
plants under the control of such person. Notice of suspension shall be 
served by registered or certified mail, return receipt requested, and 
the notice shall specifically state those acts or activities of such 
person which are the bases for the suspension. The suspension shall 
become effective five (5) days after receipt of the notice.
    (2) Once a person has received a notice of a temporary suspension, a 
debarment hearing will be set for 30 days after the effective date of 
the suspension. Within 60 days after the completion of the debarment 
hearing, the Hearing Examiner shall determine, based upon evidence of 
record, whether the temporary suspension shall be continued or 
terminated. A temporary suspension shall be terminated by the Hearing 
Examiner if he determines that the acts or activities, which were the 
bases for the suspension, did not occur or will not cause serious and 
irreparable injury to the inspection program and services provided under 
the regulations of this subchapter. This determination of the Hearing 
Examiner on the continuation or termination of the temporary suspension 
shall be final and there shall be no appeal of this determination. The 
initial decision by the Hearing Examiner on the debarment shall be made 
in accordance with

[[Page 950]]

paragraph (b)(1), Decisions, of this section.
    (3) After a debarment hearing has been instituted against any person 
by a suspension, such suspension will remain in effect until a final 
decision is rendered on the debarment in accordance with the regulations 
of this section or the temporary suspension is terminated by the Hearing 
Examiner.
    (4) When a debarment hearing has been instituted against any person 
not under suspension, the Director may, in accordance with the 
regulations of this paragraph (b) temporarily suspend such person, and 
the suspension will remain in effect until a final decision on the 
debarment is rendered in accordance with the regulations of this section 
or the temporary suspension is terminated by the Hearing Examiner.
    (c) Hearing Examiner. All hearing shall be held before a Hearing 
Examiner appointed by the Secretary or the Director.
    (d) Hearing. If one or more of the acts or activities described in 
paragraph (a) of this section have occurred, the Director may institute 
a hearing to determine the length of time during which the person shall 
be debarred and those plants to which the debarment shall apply. No 
person may be debarred unless there is a hearing, as prescribed in this 
section, and it has been determined by the Hearing Examiner, based on 
evidence of record, that the one or more of the activities described in 
paragraph (a) of this section have occurred. Any debarment or suspension 
must be instituted within two (2) years of the time when such acts or 
activities described in paragraph (a) of this section have occurred.
    (e) Notice of hearing. The Director shall notify such person of the 
debarment hearing by registered or certified mail, return receipt 
requested. The notice shall set forth the time and place of the hearing, 
the specific acts or activities which are the basis for the debarment 
hearing, the time period of debarment being sought, and those plants to 
which the debarment shall apply. Except for the debarment hearing 
provided for in paragraph (b) of this section the hearing will be set 
for a time not longer than 120 days after receipt of the notice of 
hearing.
    (f) Time and place of hearing. The hearing shall be held at a time 
and place fixed by the Director: Provided, however, The Hearing Examiner 
may, upon a proper showing of inconvenience, change the time and place 
of the hearing. Motions for change of time or place of the hearing must 
be mailed to or served upon the Hearing Examiner no later than 10 days 
before the hearing.
    (g) Right to counsel. In all proceedings under this section, all 
persons and the Department of Commerce shall have the right to be 
represented by counsel, in accordance with the rules and regulations set 
forth in title 43, Code of Federal Regulations, part 1.
    (h) Form, execution, and service of documents. (1) All papers to be 
filed under the regulations in this section shall be clear and legible; 
and shall be dated, signed in ink, contain the docket description and 
title of the proceeding, if any, and the address of the signatory. Five 
copies of all papers are required to be filed. Documents filed shall be 
executed by:
    (i) The person or persons filing same,
    (ii) by an authorized officer thereof if it be a corporation or,
    (iii) by an attorney or other person having authority with respect 
thereto.
    (2) All documents, when filed, shall show that service has been made 
upon all parties to the proceeding. Such service shall be made by 
delivering one copy to each party in person or by mailing by first-class 
mail, properly addressed with postage prepaid. When a party has appeared 
by attorney or other representative, service on such attorney or other 
representative will be deemed service upon the party. The date of 
service of document shall be the day when the matter served is deposited 
in the U.S. mail, shown by the postmark thereon, or is delivered in 
person, as the case may be.
    (3) A person is deemed to have appeared in a hearing by the filing 
with the Director a written notice of his appearance or his authority in 
writing to appear on behalf of one of the persons to the hearing.
    (4) The original of every document filed under this section and 
required to

[[Page 951]]

be served upon all parties to a proceeding shall be accompanied by a 
certificate of service signed by the party making service, stating that 
such service has been made upon each party to the proceeding. 
Certificates of service may be in substantially the following form:

    I hereby certify that I have this day served the foregoing document 
upon all parties of record in this proceeding by: (1) Mailing postage 
prepaid, (2) delivering in person, a copy to each party.
    Dated at -------------------- this ---------- day of ------------, 
19----
                              Signature --------------------------------

    (i) Procedures and evidence. (1) All parties to a hearing shall be 
entitled to introduce all relevant evidence on the issues as stated in 
the notice for hearing or as determined by the Hearing Examiner at the 
outset of or during the hearing.
    (2) Technical rules of evidence shall not apply to hearings 
conducted pursuant to this section, but rules or principles designed to 
assure production of the most credible evidence available and to subject 
testimony to test by cross-examination shall be applied where reasonably 
necessary.
    (j) Duties of Hearing Examiner. The Hearing Examiner shall have the 
authority and duty to:
    (1) Take or cause depositions to be taken.
    (2) Regulate the course of the hearings.
    (3) Prescribe the order in which evidence shall be presented.
    (4) Dispose of procedural requests or similar matters.
    (5) Hear and initially rule upon all motions and petitions before 
him.
    (6) Administer oaths and affirmations.
    (7) Rule upon offers of proof and receive competent, relevant, 
material, reliable, and probative evidence.
    (8) Control the admission of irrelevant, immaterial, incompetent, 
unreliable, repetitious, or cumulative evidence.
    (9) Hear oral arguments if the Hearing Examiner determined such 
requirement is necessary.
    (10) Fix the time for filing briefs, motions, and other documents to 
be filed in connection with hearings.
    (11) Issue the initial decision and dispose of any other pertinent 
matters that normally and properly arise in the course of proceedings.
    (12) Do all other things necessary for an orderly and impartial 
hearing.
    (k) The record. (1) The Director will designate an official reporter 
for all hearings. The official transcript of testimony taken, together 
with any exhibits and briefs filed therewith, shall be filed with the 
Director. Transcripts of testimony will be available in any proceeding 
under the regulations of this section, at rates fixed by the contract 
between the United States of America and the reporter. If the reporter 
is an employee of the Department of Commerce, the rate will be fixed by 
the Director.
    (2) The transcript of testimony and exhibits, together with all 
briefs, papers, and all rulings by the Hearing Examiner shall constitute 
the record. The initial decision will be predicated on the same record, 
as will be final decision.
    (l) Decisions. (1) The Hearing Examiner shall render the initial 
decision in all debarment proceedings before him. The same Hearing 
Examiner who presides at the hearing shall render the initial decision 
except when such Examiner becomes unavailable to the Department of 
Commerce. In such case, another Hearing Examiner will be designated by 
the Secretary or Director to render the initial decision. Briefs, or 
other documents, to be submitted after the hearing must be received not 
later than twenty (20) days after the hearing, unless otherwise extended 
by the Hearing Examiner upon motion by a party. The initial decision 
shall be made within sixty (60) days after the receipt of all briefs. If 
no appeals from the initial decision is served upon the Director within 
ten (10) days of the date of the initial decision, it will become the 
final decision on the 20th day following the date of the initial 
decision. If an appeal is received, the appeal will be transmitted to 
the Secretary who will render the final decision after considering the 
record and the appeal.
    (2) All initial and final decisions shall include a statement of 
findings and conclusions, as well as the reasons or bases therefore, 
upon the material

[[Page 952]]

issues presented. A copy of each decision shall be served on the parties 
to the proceeding, and furnished to interested persons upon request.
    (3) It shall be the duty of the Hearing Examiner, and the Secretary 
where there is an appeal, to determine whether the person has engaged in 
one or more of the acts or activities described in paragraph (a) of this 
section, and, if there is a finding that the person has engaged in such 
acts or activities, the length of time the person shall be debarred, and 
the plants to which the debarment shall apply.

[31 FR 16052, Dec. 15, 1966, as amended at 36 FR 18738, Sept. 21, 1971]

   Requirements for Plants Operating Under Continuous Inspection on a 
                           Contract Basis \1\
---------------------------------------------------------------------------

    \1\ Compliance with the above requirements does not excuse failure 
to comply with all applicable sanitary rules and regulations of city, 
county, State, Federal, or other agencies having jursidiction over such 
establishments and operations.
---------------------------------------------------------------------------



Sec. 260.96  Application for fishery products inspection service on a 
contract basis at official establishments.

    Any person desiring to process and pack products in an establishment 
under fishery products inspection service on a contract basis, must 
receive approval of such buildings and facilities as an official 
establishment prior to the inauguration of such service. An application 
for inspection service to be rendered in an establishment shall be 
approved according to the following procedure:
    (a) Initial survey: When application has been filed for inspection 
service as aforesaid, NMFS inspector(s) shall examine the buildings, 
premises, and facilities according to the requirements of the fishery 
products inspection service and shall specify any additional facilities 
required for the service.
    (b) Final survey and establishment approval: Prior to the 
inauguration of the fishery products inspection service, a final survey 
of the buildings, premises, and facilities shall be made to verify that 
the buildings are constructed and facilities are in accordance with the 
approved drawings and the regulations in this part.
    (c) Drawings and specifications of new construction or proposed 
alterations of existing official establishments shall be furnished to 
the Director in advance of actual construction for prior approval with 
regard to compliance with requirements for facilities.

[36 FR 21039, Nov. 3, 1971]



Sec. 260.97  Conditions for providing fishery products inspection 
service at official establishments.

    (a) The determination as to the inspection effort required to 
adequately provide inspection service at any establishment will be made 
by NMFS. The man-hours required may vary at different official 
establishments due to factors such as, but not limited to, size and 
complexity of operations, volume and variety of products produced, and 
adequacy of control systems and cooperation. The inspection effort 
requirement may be reevaluated when the contracting party or NMFS deems 
there is sufficient change in production, equipment and change of 
quality control input to warrant reevaluation. Inspectors will not be 
available to perform any of employee or management duties, however, they 
will be available for consultation purposes. NMFS reserves the right to 
reassign inspectors as it deems necessary.
    (b) NMFS shall not be held responsible:
    (1) For damages occurring through any act of commission or omission 
on the part of its inspectors when engaged in performing services; or
    (2) For production errors, such as processing temperatures, length 
of process, or misbranding of products; or
    (3) For failure to supply enough inspection effort during any period 
of service.
    (c) The contracting party will:
    (1) Use only wholesome raw material which has been handled or stored 
under sanitary conditions and is suitable for processings; maintain the 
official establishment(s), designated on the contract in such sanitary 
condition and to employ such methods of handling raw

[[Page 953]]

materials for processing as may be necessary to conform to the sanitary 
requirements precribed or approved by NMFS;
    (2) Adequately code each primary container and master case of 
products sold or otherwise distributed from a manufacturing, processing, 
packing, or repackaging activity to enable positive lot identification 
to facilitate, where necessary, the segregation of specific food lots 
that may have become contaminated or otherwise unfit for their intended 
use;
    (3) Not permit any labels on which reference is made to Federal 
inspection, to be used on any product which is not packed under fishery 
products inspection service nor permit any labels on which reference is 
made to any U.S. Grade to be used on any product which has not been 
officially certified as meeting the requirements of such grade; nor 
supply labels bearing reference to Federal inspection to another 
establishment unless the products to which such labels are to be applied 
have been packed under Federal inspection at an official establishment;
    (4) Not affix any label on which reference is made to Federal 
inspection to any container of processed foods, produced in any 
designated official establishment, with respect to which the grade of 
such product is not certified because of adulteration due to the 
presence of contaminants in excess of limits established in accordance 
with the regulations or guidelines issued pursuant to the Food, Drug, 
and Cosmetic Act, as amended;
    (5) Not, with respect to any product for which U.S. Grade Standards 
are in effect, affix any label on which reference is made to Federal 
inspection to any container of processed food which is substandard: 
Provided, That such label may be affixed to any container of such 
substandard quality product if such label bears a statement to indicate 
the substandard quality;
    (6) Not, with respect to any product for which U.S. Grade Standard 
are not in effect, affix any label on which reference is made to the 
Federal inspection to containers of processed foods, except with the 
approval of NMFS;
    (7) Furnish such reports of processing, packaging, grading, 
laboratory analyses, and output of products inspected, processed, and 
packaged at the designated official establish-ment(s) as may be 
requested by NMFS, subject to the approval of the Bureau of the Budget 
in accordance with the Federal Reports Act of 1942;
    (8) Make available for use by inspectors, adequate office space in 
the designated official establishment(s) and furnish suitable desks, 
office equipment, and files for the proper care and storage of 
inspection records;
    (9) Make laboratory facilities and necessary equipment available for 
the use of inspectors to inspect samples of processed foods and/or 
components thereof;
    (10) Furnish and provide laundry service, as required by NMFS, for 
coats, trousers, smocks, and towels used by inspectors during 
performance of duty in official establishment(s);
    (11) Furnish stenographic and clerical assistance as may be 
necessary in the typing of certificates and reports and the handling of 
official correspondence, as well as furnish the labor incident to the 
drawing and grading of samples and other work required to facilitate 
adequate inspection procedures whenever necessary;
    (12) Submit to NMFS, three (3) copies of new product specifications 
in a manner prescribed by NMFS, and three (3) end-product samples for 
evaluation and/or laboratory analysis on all products for approval, for 
which U.S. Grade Standards are not available, when inspection is to be 
applied to such products. If requested of NMFS, such new specifications 
and end-product samples shall be considered confidential;
    (13) Submit, as required by NMFS, for approval, proofs prior to 
printing and thereafter four (4) copies of any finished label which may 
or may not bear official identification marks, when such products are 
packed under Federal inspection on a contract basis;
    (14) Not make deceptive, fraudulent, or unauthorized use in 
advertising, or otherwise, of the fishery products inspection service, 
the inspection certificates or reports issued, or the containers on 
which official identification marks are embossed or otherwise 
identified, in connection with the sale of any processed products;

[[Page 954]]

    (15) Submit to NMFS, four (4) copies of each label which may or may 
not bear official identification marks, when such labels are to be 
withdrawn from inspection or when approved labels are disapproved for 
further use under inspection;
    (16) Notify NMFS in advance of the proposed use of any labels which 
require obliteration of any official identification marks, and all 
reference to the inspection service on approved labels which have been 
withdrawn or disapproved for use;
    (17) Accord representatives of NMFS at all reasonable times free and 
immediate access to establishment(s) and official establishment(s) under 
applicant's control for the purpose of checking codes, coded products, 
coding devices, coding procedures, official identification marks 
obliteration, and use of withdrawn or disapproved labels.
    (d) Termination of inspection services:
    (1) The fishery products inspection service, including the issuance 
of inspection reports, shall be rendered from the date of the 
commencement specified in the contract and continue until suspended or 
terminated:
    (i) By mutual consent;
    (ii) by either party giving the other party sixty (60) days' written 
notice specifying the date of suspension or termination;
    (iii) by one (1) day's written notice by NMFS in the event the 
applicant fails to honor any invoice within ten (10) days after date of 
receipt of such invoice covering the full costs of the inspection 
service provided, or in the event the applicant fails to maintain its 
designated plants in a sanitary condition or to use wholesome raw 
materials for processing as required by NMFS, or in the event the 
applicant fails to comply with any provisions of the regulations 
contained in this part;
    (iv) by automatic termination in case of bankruptcy, closing out of 
business, or change in controlling ownership.
    (2) In case the contracting party wishes to terminate the fishery 
products inspection service under the terms of paragraph (d)(1)(i) or 
(ii) of this section, either the service must be continued until all 
unused containers, labels, and advertising material on hand or in 
possession of his supplier bearing official identification marks, or 
reference to fishery products inspection service have been used, or said 
containers, labels, and advertising material must be destroyed, or 
official identification marks, and all other reference to the fishery 
products inspection service on said containers, labels, advertising 
material must be obliterated, or assurance satisfactory to NMFS must be 
furnished that such containers, labels, and advertising material will 
not be used in violation of any of the provisions of the regulations in 
the part.
    (3) In case the fishery products inspection service is terminated 
for cause by NMFS under the terms of paragraph (d)(1)(iii) of this 
section, or in case of automatic termination under terms of paragraph 
(d)(1)(iv) of this section, the contracting party must destroy all 
unused containers, labels, and advertising material on hand bearing 
official identification marks, or reference to fishery products 
inspection service, or must obliterate official identification marks, 
and all reference to the fishery products inspection service on said 
containers, labels and advertising material.

After termination of the fishery products inspection service, NMFS may, 
at such time or times as it may determine to be necessary, during 
regular business hours, enter the establishment(s) or other facilities 
in order to ascertain that the containers, labels, and advertising 
material have been altered or disposed of in the manner provided herein, 
to the satisfaction of NMFS.

[36 FR 21039, Nov. 3, 1971]



Sec. 260.98  Premises.

    The premises about an official establishment shall be free from 
conditions which may result in the contamination of food including, but 
not limited to, the following:
    (a) Strong offensive odors;
    (b) Improperly stored equipment, litter, waste, refuse, and uncut 
weeds or grass within the immediate vicinity of the buildings or 
structures that may constitute an attractant, breeding place, or 
harborage for rodents, insects, and other pests;
    (c) Excessively dusty roads, yards, or parking lots that may 
constitute a

[[Page 955]]

source of contamination in areas where food is exposed;
    (d) Inadequately drained areas that may contribute contamination to 
food products through seepage or foot-borne filth and by providing a 
breeding place for insects or micro-organisms;

If the grounds of an official establishment are bordered by grounds not 
under the official establishment operator's control of the kind 
described in paragraphs (b) through (d) of this section, care must be 
exercised in the official establishment by inspection, extermination, or 
other means to effect exclusion of pests, dirt, and other filth that may 
be a source of food contamination.

[36 FR 21040, Nov. 3, 1971]



Sec. 260.99  Buildings and structures.

    The buildings and structures shall be properly constructed and 
maintained in a sanitary condition, including, but not limited to the 
following requirements:
    (a) Lighting. There shall be sufficient light (1) consistent with 
the use to which the particular portion of the building is devoted, and 
(2) to provide for efficient cleaning. Belts and tables on which 
picking, sorting, or trimming operations are carried on shall be 
provided with sufficient nonglaring light to insure adequacy of the 
respective operation. Light bulbs, fixtures, skylights, or other glass 
suspended over exposed food in any step of preparation shall be of the 
safety type or otherwise protected to prevent food contamination in case 
of breakage.
    (b) Ventilation. There shall be sufficient ventilation in each room 
and compartment thereof to prevent excessive condensation of moisture 
and to insure sanitary and suitable processing and operating conditions. 
If such ventilation does not prevent excessive condensation, the 
Director may require that suitable facilities be provided to prevent the 
condensate from coming in contact with equipment used in processing 
operations and with any ingredient used in the manufacture or production 
of a processed product.
    (c) Drains and gutters. All drains and gutters shall be properly 
installed with approved traps and vents. The drainage and plumbing 
system must permit the quick runoff of all water from official 
establishment buildings, and surface water around buildings and on the 
premises; and all such water shall be disposed of in such a manner as to 
prevent a nuisance or health hazard. Tanks or other equipment whose 
drains are connected to the waste system must have such screens and 
vacuum breaking devices affixed so as to prevent the entrance of waste 
water, material, and the entrance of vermin to the processing tanks or 
equipment.
    (d) Water supply. There shall be ample supply of both hot and cold 
water; and the water shall be of safe and sanitary quality with adequate 
facilities for its (1) distribution throughout buildings, and (2) 
protection against contamination and pollution.

Sea water of safe suitable and sanitary quality may be used in the 
processing of various fishery products when approved by NMFS prior to 
use.
    (e) Construction. Roofs shall be weathertight. The walls, ceilings, 
partitions, posts, doors, and other parts of all buildings and 
structures shall be of such materials, construction, and finish as to 
permit their efficient and thorough cleaning. The floors shall be 
constructed of tile, cement, or other equally impervious material, shall 
have good surface drainage, and shall be free from openings or rough 
surfaces which would interfere with maintaining the floors in a clean 
condition.
    (f) Processing rooms. Each room and each compartment in which any 
processed products are handled, processed, or stored (1) shall be so 
designed and constructed as to insure processing and operating 
conditions of a clean and orderly character; (2) shall be free from 
objectional odors and vapors; and (3) shall be maintained in a clean and 
sanitary condition.
    (g) Prevention of animals and insects in official establishment(s). 
Dogs, cats, birds, and other animals (including, but not being limited 
to rodents and insects) shall be excluded from the rooms from which 
processed products are being prepared, handled, or stored and from any 
rooms from which ingredients (including, but not being limited to salt, 
sugar, spices, flour, batter, breading, and fishery products) are 
handled and stored. Screens, or other

[[Page 956]]

devices, adequate to prevent the passage of insects shall, where 
practical, be provided for all outside doors and openings. The use of 
chemical compounds such as cleaning agents, insecticides, bactericides, 
or rodent poisons shall not be permitted except under such precautions 
and restrictions as will prevent any possibility of their contamination 
of the processed product. The use of such compounds shall be limited to 
those circumstances and conditions as approved by NMFS.
    (h) Inspector's office. Furnished suitable and adequate office 
space, including, but not being limited to, light, heat, and janitor 
service shall be provided rent free in official establishments for use 
for official purposes by the inspector and NMFS representatives. The 
room or rooms designated for this purpose shall meet with the approval 
of NMFS and shall be conveniently located, properly ventilated, and 
provided with lockers or cabinets suitable for the protection and 
storage of inspection equipment and supplies and with facilities 
suitable for inspectors to change clothing.
    (i) Adequate parking space, conveniently located, for private or 
official vehicles used in connection with providing inspection services 
shall be provided.

[36 FR 21040, Nov. 3, 1971]



Sec. 260.100  Facilities.

    Each official establishment shall be equipped with adequate sanitary 
facilities and accommodations, including, but not being limited to, the 
following:
    (a) Containers approved for use as containers for processed products 
shall not be used for any other purpose.
    (b) No product or material not intended for human food or which 
creates an objectionable condition shall be processed, handled, or 
stored in any room, compartment, or place where any fishery product is 
manufactured, processed, handled, or stored.
    (c) Suitable facilities for cleaning and sanitizing equipment (e.g., 
brooms, brushes, mops, clean cloths, hose, nozzles, soaps, detergent, 
sprayers) shall be provided at convenient locations throughout the 
plant.

[36 FR 21040, Nov. 3, 1971]



Sec. 260.101  Lavatory accommodations.

    Modern lavatory accommodations, and properly located facilities for 
cleaning and sanitizing utensils and hands, shall be provided.
    (a) Adequate lavatory and toilet accommodations, including, but not 
being limited to, running hot water (135 [deg]F. or more) and cold 
water, soap, and single service towels, shall be provided. Such 
accommodations shall be in or near toilet and locker rooms and also at 
such other places as may be essential to the cleanliness of all 
personnel handling products.
    (b) Sufficient containers with covers shall be provided for used 
towels and other wastes.
    (c) An adequate number of hand washing facilities serving areas 
where edible products are prepared shall be operated by other than hand-
operated controls, or shall be of a continuous flow type which provides 
an adequate flow of water for washing hands.
    (d) Durable signs shall be posted conspicuously in each toilet room 
and locker room directing employees to wash hands before returning to 
work.
    (e) Toilet facilities shall be provided according to the following 
formula:

------------------------------------------------------------------------
                                                                Toilet
                      Number of persons                          bowls
                                                               required
------------------------------------------------------------------------
1 to 15, inclusive..........................................           1
16 to 35, inclusive.........................................           2
36 to 55, inclusive.........................................       \1\ 3
56 to 80, inclusive.........................................       \1\ 4
For each additional 30 persons in excess of 80..............       \1\ 1
------------------------------------------------------------------------
\1\ Urinals may be substituted for toilet bowls but only to the extent
  of one-third of the total number of bowls required.


All toilet equipment shall be kept operative, in good repair, and in a 
sanitary condition.

[36 FR 21041, Nov. 3, 1971]



Sec. 260.102  Equipment.

    All equipment used for receiving, washing, segregating, picking, 
processing, packaging, or storing any processed products or any 
ingredients used in the manufacture or production thereof, shall be of 
such design, material, and construction as will:
    (a) Enable the examination, segregation, preparation, packaging, and 
other processing operations applicable to

[[Page 957]]

processed products, in an efficient, clean, and sanitary manner, and
    (b) Permit easy access to all parts to insure thorough cleaning and 
effective bactericidal treatment. Insofar as is practicable, all such 
equipment shall be made of smooth impermeable corrosion-resistant 
material that will not adversely affect the processed product by 
chemical action or physical contact. Such equipment shall be kept in 
good repair and sanitary condition. Such equipment shall be cleaned and 
sanitized at a frequency as is necessary or required in accordance with 
Good Manufacturing Practice Regulations, 21 CFR part 128.

[36 FR 21041, Nov. 3, 1971]



Sec. 260.103  Operations and operating procedures shall be in accordance
with an effective sanitation program.

    (a) All operators in the receiving transporting, holdings, 
segregating, preparing, processing, packaging, and storing of processed 
products and ingredients, used as aforesaid, shall be strictly in accord 
with clean and sanitary methods and shall be conducted as rapidly as 
possible and at temperatures that will inhibit and retard the growth of 
bacterial and other micro-organisms and prevent any deterioration or 
contamination of such processed products or ingredients thereof. 
Mechanical adjustments or practices which may cause contamination of 
foods by oil, dust, paint, scale, fumes, grinding materials, decomposed 
food, filth, chemicals, or other foreign materials shall not be 
conducted during any manufacturing or processing operation.
    (b) All processed products, raw materials, ingredients, and 
components thereof shall be subject to inspection during each 
manufacturing or processing operation. To assure a safe, wholesome 
finished product, changes in processing methods and procedures as may be 
required by the Director shall be effectuated as soon as practicable. 
All processed products which are not manufactured or prepared in 
accordance with the requirements contained in Sec. 260.96 to Sec. 
260.104 or are unwholesome or otherwise not fit for human food shall be 
removed and segregated prior to any further processing operation.
    (c) Official establishments operating under Federal inspection 
should have an effective quality control program as appropriate for the 
nature of the products and processing operations.
    (d) All ingredients used in the manufacture or processing of any 
processed product shall be wholesome and fit for human food.
    (e) The methods and procedures employed in the receiving, 
segregating, handling, transporting, and processing of ingredients in 
official estab lishment(s) shall be adequate to result in a satisfactory 
processed product. Such methods and procedures include, but are not 
limited to, the following requirements:
    (1) Containers, utensils, pans, and buckets used for the storage or 
transporting of partially processed food ingredients shall not be nested 
unless rewashed and sanitized before each use;
    (2) Containers which are used for holding partially processed food 
ingredients shall not be stacked in such manner as to permit 
contamination of the partially processed food ingredients;
    (3) Packages or containers for processed products shall be clean 
when being filled with such products; and all reasonable precautions 
shall be taken to avoid soiling or contaminating the surface of any 
package or container liner which is, or will be, in direct contact with 
such products.
    (f) Retention tags: (1) Any equipment such as, but not limited to, 
conveyors, tillers, sorters, choppers, and containers which fail to meet 
appropriate and adequate sanitation requirements will be identified by 
the inspector in an appropriate and conspicuous manner with the word 
``RETAINED.'' Following such identification, the equipment shall not be 
used until the discrepancy has been resolved, the equipment reinspected 
and approved by the inspector and the ``RETAINED'' identification 
removed by the inspector.
    (2) Lot(s) of processed products that may be considered to be 
mislabeled and/or unwholesome by reason of contaminants or which may 
otherwise be in such condition as to require further evaluation or 
testing to determine that

[[Page 958]]

the product properly labeled and/or wholesome will be identified by the 
inspector in an appropriate and conspicuous manner with the word 
``RETAINED.'' Such lot(s) of product shall be held for reinspection or 
testing. Final disposition of the lot(s) shall be determined by NMFS and 
the removal of the ``RETAINED'' identification shall be performed by the 
inspector.

[36 FR 21041, Nov. 3, 1971]



Sec. 260.104  Personnel.

    The establishment management shall be responsible for taking all 
precautions to assure the following:
    (a) Disease control. No person affected by disease in a communicable 
form, or while a carrier of such disease, or while affected with boils, 
sores, infected wounds, or other abnormal sources of microbiological 
contamination, shall work in a food plant in any capacity in which there 
is a reasonable possibility of food ingredients becoming contaminated by 
such person, or of disease being transmitted by such person to other 
individuals.
    (b) Cleanliness. All persons, while working in direct contact with 
food preparation, food ingredients, or surfaces coming into contact 
therewith shall:
    (1) Wear clean outer garments, maintain a high degree of personal 
cleanliness, and conform to hygenic practices while on duty, to the 
extent necessary to prevent contamination of food products.
    (2) Wash and sanitize their hands thoroughly to prevent 
contamination by undesirable microorganisms before starting work, after 
each absence from the work station, and at any other time when the hands 
may have become soiled or contaminated.
    (3) Remove all insecure jewelry and, when food is being manipulated 
by hand, remove from hands any jewelry that cannot be adequately 
sanitized.
    (4) If gloves are used in food handling, maintain them in an intact, 
clean, and sanitary condition. Such gloves shall be of an impermeable 
material except where their usage would be inappropriate or incompatible 
with the work involved.
    (5) Wear hair nets, caps, masks, or other effective hair restraints. 
Other persons that may incidentally enter the processing areas shall 
comply with this requirement.
    (6) Not store clothing or other personal belongings, eat food, drink 
beverages, chew gum, or use tobacco in any form in areas where food or 
food ingredients are exposed or in areas used for washing equipment or 
utensils.
    (7) Take any other necessary precautions to prevent contamination of 
foods with microorganisms or foreign substances including, but not 
limited to perspiration, hair, cosmetics, tobacco, chemicals, and 
medicants.
    (c) Education and training. Personnel responsible for identifying 
sanitation failures or food contamination should have a background of 
education or experience, or a combination thereof, to provide a level of 
competency necessary for production of clean wholesome food. Food 
handlers and supervisors should receive appropriate training in proper 
food-handling techniques and food-protection principles and should be 
cognizant of the danger of poor personal hygiene and unsanitary 
practices, and other vectors of contamination.

[36 FR 21041, Nov. 3, 1971]

                          Labeling Requirements



Sec. Sec. 260.200-260.201  [Reserved]



PART 261_UNITED STATES STANDARDS FOR GRADES--Table of Contents



Sec.
261.101 Standard description.
261.102 Publication and removal of U.S. Grade Standards.
261.103 Basis for determination of a U.S. Standard for Grades.

    Authority: 7 U.S.C. 1621-1630.

    Source: 61 FR 9369, Mar. 8, 1996, unless otherwise noted.



Sec. 261.101  Standard description.

    A U.S. Standard for Grades authorized under this part is a standard 
for a fish or fishery product that has been developed and adopted by the 
voluntary seafood inspection program pursuant to the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1621 et seq.) and

[[Page 959]]

other authorities delegated to the U.S. Department of Commerce.



Sec. 261.102  Publication and removal of U.S. Grade Standards.

    (a) The voluntary U.S. Standards for Grades adopted pursuant to this 
part shall be issued as Program policies and contained within the NMFS 
Fishery Products Inspection Manual. Compliance with voluntary standards 
issued as Program policies within the manual shall satisfy the 
requirements of this part. Compliance with a voluntary standard issued 
as a Program policy does not relieve any party from the responsibility 
to comply with the provisions of the Federal Food, Drug, and Cosmetic 
Act; or other Federal laws and regulations.
    (b) Notification of an application for a new grade standard shall be 
published in the Federal Register. If adopted, the grade standard shall 
be issued as a Program policy and contained in the NMFS Fishery Products 
Inspection Manual.
    (c) Recision and revision of a U.S. Standard for Grades will be made 
a Program policy amendment and contained in the NMFS Fishery Products 
Inspection Manual.
    (d) The NMFS Fishery Products Inspection Manual is available to 
interested parties.



Sec. 261.103  Basis for determination of a U.S. Standard for Grades.

    (a) To address the inherently distinct and dissimilar attributes 
found in the fishery product groups, each standard for grades should 
have a different scope and product description, product forms, sample 
sizes, definition of defects, etc. The Secretary will make the final 
determination regarding the content of a U.S. Standard for Grades.
    (b) A proposal for a new or revised U.S. grade standard may include 
the following:
    (1) Scope and product description, which describes the products that 
are eligible for grading using the standard (e.g., fish portion, fish 
fillet).
    (2) Product forms, which describe the types, styles and market forms 
covered by the standard (e.g., skin-off, tail-on, headless).
    (3) Grade and inspection marks, which describe the grades and 
inspection mark criteria for each grade category (e.g., Grade A <= 15 
points).
    (4) Grade determination, which describes the means by which the 
grade is determined (i.e., the factors rated by score points and those 
that are not). Standards may contain defect grouping limiting rules that 
contain additional provisions that must be met.
    (5) Sampling, which describes the method of sampling and sample unit 
sizes (e.g., 10 portions, 8 ounces, etc.).
    (6) Procedures that describe the process used to determine the 
product grade (e.g., label declarations, sensory evaluation).
    (7) Definitions of defects, which outline the defects associated 
with the products covered by the standard, defines them, and describes 
the method of counting or measuring the defects. This section may 
provide associated defect points or reference a defect table (e.g., 
bruises, blood spots, bones, black spots, coating defects, 1-inch 
squares, percent by weight, ratios).
    (8) Defect point assessment, which describes how to assess points 
and provides any special guidance that may be necessary to the 
particular standard (e.g., defect points for certain categories are 
added together and divided by the weight of the sample unit; the number 
of instances are counted to determine if it is slight, moderate, or 
excessive defect).
    (9) Tolerances for lot certification, which provide the sections 
from Title 50 CFR that regulate lot certification.
    (10) Hygiene, which specifies the sections of applicable Federal 
regulations regulating the safe, wholesome production of food for human 
consumption.
    (11) Methods of analysis, which describe the methods of analysis 
that will be used in the evaluation of the products covered by the 
standard for grades (e.g., net weight, deglazing, debreading).
    (12) Defect table, which is the table of defects and associated 
points to be assessed for each defect.

[[Page 960]]



                 SUBCHAPTER H_FISH AND SEAFOOD PROMOTION





PART 270_SPECIES-SPECIFIC SEAFOOD MARKETING COUNCILS--
Table of Contents



Sec.
270.1 Scope.
270.2 Definitions.
270.3 Submission of application.
270.4 Review of application.
270.5 Conduct of referendum.
270.6 Sector participants eligible to vote.
270.7 Results of referendum.
270.8 Nomination and appointment of Council members.
270.9 Terms, vacancies and removal of Council members.
270.10 Responsibilities of a Council.
270.11 Responsibilities of NMFS.
270.12 Notice of Council meetings.
270.13 Books, records and reports.
270.14 Update of sector participant data.
270.15 Quality standards.
270.16 Deposit of funds.
270.17 Authority to impose assessments.
270.18 Method of imposing assessments.
270.19 Notice of assessment.
270.20 Payment of assessments.
270.21 Petition of objection.
270.22 Refunds.
270.23 Dissolution of Councils.

    Authority: 16 U.S.C. 4001-4017

    Source: 72 FR 18111, Apr. 11, 2007, unless otherwise noted.



Sec. 270.1  Scope.

    This part 270 describes matters pertaining to the establishment, 
representation, organization, practices, procedures, and termination of 
Seafood Marketing Councils.



Sec. 270.2  Definitions.

    The following terms and definitions are in addition to or amplify 
those contained in the Fish and Seafood Promotion Act of 1986:
    Act means the Fish and Seafood Promotion Act of 1986 (Public Law 99-
659) and any subsequent amendments.
    Consumer education means actions undertaken to inform consumers of 
matters related to the consumption of fish and fish products.
    Council means a Seafood Marketing Council for one or more species of 
fish and fish products of that species established under section 210 of 
the Act (16 U.S.C. 4009).
    Expenditure means monetary or material worth of fishery products. 
Expenditure is determined at the point a receiver obtains product from a 
harvester or an importer obtains product from a foreign supplier. Value 
may be expressed in monetary units (the price a receiver pays to a 
harvester or an importer pays to a foreign supplier).
    Fiscal year means any 12-month period as NMFS may determine for each 
Council.
    Fish means finfish, mollusks, crustaceans, and all other forms of 
aquatic animal life used for human consumption; the term does not 
include marine mammals and seabirds.
    Harvester means any person in the business of catching or growing 
fish for purposes of sale in domestic or foreign markets.
    Importer means any person in the business of importing fish or fish 
products from another country into the United States and its 
territories, as defined by the Act, for commercial purposes, or who acts 
as an agent, broker, or consignee for any person or nation that 
produces, processes or markets fish or fish products outside of the 
United States for sale or for other commercial purposes in the United 
States.
    Marketer means any person in the business of selling fish or fish 
products in the wholesale, export, retail, or restaurant trade, but 
whose primary business function is not the processing or packaging of 
fish or fish products in preparation for sale.
    Marketing and promotion means any activity aimed at encouraging the 
consumption of fish or fish products or expanding or maintaining 
commercial markets for fish or fish products.
    Member means any person serving on any Council.
    Participant means a member of a sector or business identified in an 
application for a Council charter as being subject to the referendum or 
assessment process.
    Person means any individual, group of individuals, association, 
proprietorship, partnership, corporation, cooperative, or any private 
entity of the U.S. fishing industry organized or existing

[[Page 961]]

under the laws of the United States or any state, commonwealth, 
territory or possession of the United States who meets the eligibility 
requirements as defined in a proposed charter to vote in a referendum.
    Processor means any person in the business of preparing or packaging 
fish or fish products (including fish of the processor's own harvesting) 
for sale in domestic or foreign markets.
    Receiver means any person who owns fish processing vessels and any 
person in the business of acquiring (taking title to) fish directly from 
harvesters.
    Research means any type of research designed to advance the image, 
desirability, usage, marketability, production, quality and safety of 
fish and fish products.
    Secretary means the Secretary of Commerce, or the Secretary's 
designee.
    Sector means
    (1) The sector consisting of harvesters;
    (2) The sector consisting of importers;
    (3) The sector consisting of marketers;
    (4) The sector consisting of processors;
    (5) The sector consisting of receivers; or
    (6) The consumer sector consisting of persons professionally engaged 
in the dissemination of information pertaining to the nutritional 
benefits and preparation of fish and fish products;
    Sector participant means any individual, group of individuals, 
association, proprietorship, partnership, corporation, cooperative, or 
any private entity of the U.S. fishing industry organized or existing 
under the laws of the United States or any state, commonwealth, 
territory or possession of the United States who meets the eligibility 
requirements as defined in a proposed charter to vote in a referendum.
    Species means a fundamental category of taxonomic classification, 
ranking after genus, and consisting of animals that possess common 
characteristic(s) distinguishing them from other similar groups.
    Value means monetary or material worth of fishery products. Value is 
the difference between what a receiver is willing to pay for a product 
provided by a harvester and its market price or an importer is willing 
to pay for a product from a foreign supplier and its market price. Value 
may be expressed in monetary units representing consumer surplus or 
producer surplus.



Sec. 270.3  Submission of application.

    (a) Persons who meet the minimum requirements for sector 
participants as described in the proposed charter may file an 
application with NMFS for a charter for a Seafood Marketing Council for 
one or more species of fish and fish products of that species. One 
signed original and two copies of the completed application package must 
be submitted to the Assistant Administrator for Fisheries, National 
Marine Fisheries Service, NOAA, 1315 East-West Highway, Silver Spring, 
MD 20910. Applications should not be bound.
    (b) The application consists of four parts:
    (1) A document requesting NMFS to establish a Council;
    (2) A proposed charter under which the proposed Council will 
operate;
    (3) A list of eligible referendum participants; and
    (4) Analytical documentation addressing requirements of applicable 
law.
    (c) Content of application--(1) Application or requesting document. 
The application or requesting document submitted by the applicants to 
NMFS requesting that the Council be established, to the extent 
practicable, must include the signatures or corporate certifications, of 
no less than three sector participants representing each sector 
identified in accordance with paragraph (c)(2)(v) of this section and 
who, according to the available data, collectively accounted for, in the 
12-month period immediately preceding the month in which the application 
was filed, not less than 10 percent of the value of the fish or fish 
products specified in the charter that were handled during such period 
in each sector by those who meet the eligibility requirements to vote in 
the referendum as defined by the application. The application must also 
include a statement that, if established, the Council will have 
sufficient resources (e.g., cash, donated office space, services, 
supplies,

[[Page 962]]

etc.) available for initial administrative expenditures pending 
collection of assessments.
    (2) Proposed charter. A proposed charter must contain, at a minimum, 
the following information:
    (i) The name of the Council and a provision proclaiming its 
establishment;
    (ii) A declaration of the purposes and objectives of the Council;
    (iii) A description of the species of fish and fish products, 
including the scientific and common name(s), for which the Council will 
implement marketing and promotion plans under the Act. (The American 
Fisheries Society's ``List of Common and Scientific Names of Fishes from 
the United States and Canada'' (latest edition) or where available, an 
appropriate volume of its ``List of Common and Scientific Names of 
Aquatic Invertebrates of the United States and Canada'' (latest edition) 
should be used as the authority for all scientific and common names.);
    (iv) A description of the geographic area (state(s)) within the 
United States covered by the Council;
    (v) The identification of each sector and the number and terms of 
representatives for each sector that will be voting members on the 
Council. (The number of Council members should be manageable, while 
ensuring equitable geographic representation. The term for members will 
be 3 years. Initially, to ensure continuity, half of the members' terms 
will be 2 years and half will be 3 years. Reappointments are 
permissible.);
    (vi) The identification of those sectors (which must include a 
sector consisting of harvesters, a sector consisting of receivers, and, 
if subject to assessment, a sector consisting of importers), eligible to 
vote in the referendum to establish the Council;
    (vii) For each sector described under paragraph (c)(2)(v) of this 
section, a threshold level specifying the minimum requirements, as 
measured by income, volume of sales, or other relevant factors, that a 
person engaging in business in the sector must meet in order to 
participate in a referendum;
    (viii) A description of the rationale and procedures for determining 
assessment rates as provided in Sec. 270.18, based on a fixed amount 
per unit of weight or measure, or on a percentage of value of the 
product handled;
    (ix) The proposed rate or rates that will be imposed by the Council 
on receivers and, if subject to assessment, importers during its first 
year of operation;
    (x) The maximum amount by which an assessment rate for any period 
may be raised above the rate applicable for the immediately preceding 
period;
    (xi) The maximum rate or rates that can be imposed by a Council on 
receivers or importers during the operation of the Council;
    (xii) The maximum limit on the amount any one sector participant may 
be required to pay under an assessment for any period;
    (xiii) The procedures for providing refunds to sector participants 
subject to assessment who request the same in accordance with the time 
limits specified Sec. 270.22;
    (xiv) A provision setting forth the voting procedures by which votes 
may be cast by proxy;
    (xv) A provision that the Council will have voting members 
representing the harvesting, receiving and, if subject to assessment, 
importing sectors;
    (xvi) A provision setting forth the definition of a quorum for 
making decisions on Council business and the procedures for selecting a 
chairperson of the Council;
    (xvii) A provision that members of the Council will serve without 
compensation, but will be reimbursed for reasonable expenses incurred in 
performing their duties as members of the Council;
    (xviii) A provision containing a requirement for submission to NMFS 
the criteria and supporting data for evaluating the annual and/or multi-
year performance of proposed marketing plans and the Council's 
performance;
    (xix) A provision containing a requirement for submission of 
documentation as requested by NMFS for purposes of evaluating 
performance of proposed marking plans and the Council's related 
performance;
    (xx) Where adequate funds are not available, a provision containing 
the

[[Page 963]]

minimum number of participants needed for sustained operations that 
cannot receive assessment refunds;
    (xxi) A provision acknowledging that NMFS will have the right to 
participate in Council meetings;
    (xxii) A provision that the Council will conduct its activities in 
accordance with applicable NMFS requirements and that NMFS has final 
approval authority over proposed marketing plans and Council actions;
    (xxiii) A provision containing a requirement for the Council to 
arrange for a complete audit report to be conducted by an independent 
public accountant and submitted to NMFS at the end of each fiscal year;
    (xxiv) A provision containing a requirement for the Council to 
conduct a market assessment based on economic, market, social and 
demographic, and biological information as deemed necessary by NMFS; and
    (xxv) A provision containing a requirement for the Council to update 
the list of referendum participants on an annual basis.
    (3) List of referendum participants. The list of referendum 
participants, to the extent practicable, must identify the business name 
and address of all sector participants that the applicants believe meet 
the requirements for eligibility to vote in the referendum on the 
adoption of the proposed charter.
    (i) The list should include all sectors in which a sector 
participant meets the eligibility requirements to vote in a referendum. 
If a sector participant has more than one place of business located 
within the geographic area of the Council, all such places should be 
listed and the primary place of business should be designated. The 
agency will provide appropriate information in its possession of a non-
proprietary nature to assist the applicants in developing the list of 
sector participants.
    (ii) [Reserved]
    (4) Analytical documentation. The applicant must address the 
requirements of the Act, implementing regulations, and other applicable 
law, i.e., E.O. 12866, Regulatory Flexibility Act, National 
Environmental Policy Act, and other law as NMFS determines appropriate.



Sec. 270.4  Review of application.

    Within 180 days of receipt of the application to establish a 
Council, NMFS will:
    (a) Determine if the application is complete and complies with all 
of the requirements set out in Sec. 270.3 and complies with all 
provisions of the Act and other applicable laws.
    (b) Identify, to the extent practicable, those sector participants 
who meet the requirements for eligibility to participate in the 
referendum to establish the Council. NMFS may require additional 
information from the applicants or proposed participants in order to 
verify eligibility. NMFS may add names to or delete names from the list 
of sector participants believed eligible by the applicants until the 
time of the referendum based on additional information received.
    (c) If NMFS finds minor deficiencies in an application that can be 
corrected within the 180-day review period, NMFS will advise the 
applicants in writing of what must be submitted by a specific date to 
correct the minor deficiencies.
    (d) If NMFS makes a final negative determination, on an application, 
NMFS will advise the applicant in writing of the reason for the 
determination. The applicant may submit another application at any time 
thereafter. NMFS then has 180 days from receipt of the new application 
to render a final determination on its acceptability.



Sec. 270.5  Conduct of referendum.

    (a) Upon making affirmative determinations under Sec. 270.4, NMFS, 
within 90 days after the date of the last affirmative determination, 
will conduct a referendum on the adoption of the proposed charter.
    (b) NMFS will estimate the cost of conducting the referendum, notify 
the applicants, and request that applicants post a bond or provide other 
applicable security, such as a cashierSec. s check, to cover costs of 
the referendum.
    (c) NMFS will initially pay all costs of a referendum to establish a 
Council. Within two years after establishment, the Council must 
reimburse NMFS for the total actual costs of the referendum from 
assessments collected by

[[Page 964]]

the Council. If a referendum fails to result in establishment of a 
Council, NMFS will immediately recover all expenses incurred for 
conducting the referendum from the bond or security posted by 
applicants. In either case, such expenses will not include salaries of 
government employees or other administrative overhead, but will be 
limited to those additional direct costs incurred in connection with 
conducting the referendum.
    (d) No less than 30 days prior to holding a referendum, NMFS will:
    (1) Publish in the Federal Register the text of the proposed charter 
and the most complete list available of sector participants eligible to 
vote in the referendum; and
    (2) Provide for public comment, including the opportunity for a 
public meeting.



Sec. 270.6  Sector participants eligible to vote.

    (a) Any participant who meets the minimum requirements as measured 
by income, volume of sales or other relevant factors specified in the 
approved charter may vote in a referendum.
    (b) Only one vote may be cast by each participant who is eligible to 
vote, regardless of the number of individuals that make up such 
``participant'' and how many sectors the participant is engaged in. The 
vote may be made by any responsible officer, owner, or employee 
representing a participant.



Sec. 270.7  Results of referendum.

    (a) Favorable vote to establish a Council. NMFS will, by order of 
publication in the Federal Register, establish the Council and approve 
an acceptable proposed charter, if the referendum votes which are cast 
in favor of the proposed charter constitute a majority of the sector 
participants voting in each and every sector. Further, according to the 
best available data, the majority must collectively account for, in the 
12-month period immediately preceding the month in which the proposed 
charter was filed, at least 66 percent of the value of the fish and fish 
products described in the proposed charter handled during such period in 
each sector by those who meet the eligibility requirements to vote in 
the referendum as defined by the applicants.
    (b) Unfavorable vote to establish a Council. If a referendum fails 
to pass in any sector of the proposed Council, NMFS will not establish 
the Council or approve the proposed charter. NMFS will immediately 
recover the cost of conducting the referendum according to Sec. 
270.5(c).
    (c) Notification of referendum results. NMFS will notify the 
applicants of the results of the referendum and publish the results of 
the referendum in the Federal Register.



Sec. 270.8  Nomination and appointment of Council members.

    (a) Within 30 days after a Council is established, NMFS will solicit 
nominations for Council members from the sectors represented on the 
Council in accordance with the approved charter. If the harvesters and 
receivers represented on the Council are engaged in business in two or 
more states, but within the geographic area of the Council, the 
nominations made under this section must, to the extent practicable, 
result in equitable representation for those states. Nominees must be 
knowledgeable and experienced with regard to the activities of, or have 
been actively engaged in the business of, the sector that such person 
will represent on the Council. Therefore, a resume will be required for 
each nominee.
    (b) In accordance with 16 U.S.C. 4009(f), NMFS will, within 60 days 
after the end of the 30-day period, appoint the members of the Council 
from among the nominees.



Sec. 270.9  Terms, vacancies, and removal of Council members.

    (a) A Council term is for 3 years, except for initial appointments 
to a newly established Council where:
    (1) Half of the Council member terms will be 2 years; and
    (2) Half of the Council member terms will be 3 years.
    (b) A vacancy on a Council will be filled, within 60 days after the 
vacancy occurs, in the same manner in which the original appointment was 
made. A member appointed to fill a vacancy occurring before the 
expiration of the

[[Page 965]]

term for which the member's predecessor was appointed will be appointed 
only for the remainder of such term.
    (c) Any person appointed under the Act who consistently fails or 
refuses to perform his or her duties properly and/or participates in 
acts of dishonesty or willful misconduct with respect to 
responsibilities under the Act will be removed from the Council by NMFS 
if two-thirds of the members of the Council recommend action. All 
requests from a Council to NMFS for removal of a Council member must be 
in writing and accompanied by a statement of the reasons upon which the 
recommendation is based.



Sec. 270.10  Responsibilities of a Council.

    (a) Each Council will:
    (1) Implement all terms of its approved charter;
    (2) Prepare and submit to NMFS, for review and approval under Sec. 
270.11(a)(1), a marketing and promotion plan and amendments to the plan 
which contain descriptions of the projected consumer education, 
research, and other marketing and promotion activities of the Council;
    (3) Implement and administer an approved marketing and promotion 
plan and amendments to the plan;
    (4) Determine the assessment to be made under Sec. 270.18 and 
administer the collection of such assessments to finance Council 
expenses described in paragraph (b) of this section;
    (5) Receive, investigate and report to NMFS accounts of violations 
of rules or orders relating to assessments collected under Sec. 270.20, 
or quality standard requirements established under Sec. 270.15;
    (6) Prepare and submit to NMFS, for review and approval a budget (on 
a fiscal year basis) of the anticipated expenses and disbursements of 
the Council, including
    (i) All administrative and contractual expenses;
    (ii) The probable costs of consumer education, research, and other 
marketing and promotion plans or projects;
    (iii) The costs of the collection of assessments; and
    (iv) The expense of repayment of the costs of each referendum 
conducted in regard to the Council.
    (7) Comply with NMFS requirements, and prepare and submit to NMFS 
for review, evaluation, and verification of results and analysis an 
annual market assessment and related analytical documentation that is 
based on economic, market, social, demographic, and biological 
information as deemed necessary by NMFS;
    (8) Maintain books and records, prepare and submit to NMFS reports 
in accordance with respect to the receipt and disbursement of funds 
entrusted to it, and submit to NMFS a completed audit report conducted 
by an independent auditor at the end of each fiscal year;
    (9) Reimburse NMFS for the expenses incurred for the conduct of the 
referendum to establish the Council or any subsequent referendum to 
terminate the Council that fails;
    (10) Prepare and submit to NMFS report or proposals as the Council 
determines appropriate to further the purposes of the Act.
    (b) Funds collected by a Council under Sec. 270.17 will be used by 
the Council for--
    (1) Research, consumer education, and other marketing and promotion 
activities regarding the quality and marketing of fish and fish 
projects;
    (2) Other expenses, as described in Sec. 270.10(a)(1);
    (3) Such other expenses for the administration, maintenance, and 
functioning of the Council as may be authorized by NMFS; and
    (4) Any reserve fund established under paragraph (e)(4) of this 
section and any administrative expenses incurred by NMFS specified as 
reimbursable under this Part.
    (c) Marketing and promotion plans and amendments to such plans 
prepared by a Council under paragraph (a)(2) of this section will be 
designed to increase the general demand for fish and fish products 
described in accordance with Sec. 270.3(c)(2)(iii) by encouraging, 
expanding, and improving the marketing, promotion and utilization of 
such fish and fish products, in domestic or foreign markets, or both, 
through consumer education, research,

[[Page 966]]

and other marketing and promotion activities.
    (d) Consumer education and other marketing and promotion activities 
carried out by a Council under a marketing and promotion plan and 
amendments to a plan may not contain references to any private brand or 
trade name and will avoid the use of deceptive acts or practices in 
promoting fish or fish products or with respect to the quality, value, 
or use of any competing product or group of products.
    (e) Authority of a Council. A Council may:
    (1) Sue and be sued;
    (2) Enter into contracts;
    (3) Employ and determine the salary of an executive director who 
may, with the approval of the Council employ and determine the salary of 
such additional staff as may be necessary;
    (4) Establish a reserve fund from monies collected and received 
under Sec. 270.17 to permit an effective and sustained program of 
research, consumer education, and other marketing and promotion 
activities regarding the quality and marketing of fish and fish products 
in years when production and assessment income may be reduced, but the 
total reserve fund may not exceed the amount budgeted for the current 
fiscal year of operation.
    (f) Amendment of a charter. A Council may submit to NMFS amendments 
to the text of the Council's charter. Any proposed amendments to a 
charter will be approved or disapproved in the same manner as the 
original charter was approved under Sec. 270.4 and Sec. 270.5 with the 
exception of Sec. 270.4(b).



Sec. 270.11  Responsibilities of NMFS.

    (a) In addition to the duties prescribed under 16 U.S.C. 4009, NMFS 
will:
    (1) Participate in Council meetings and review, for consistency with 
the provisions of 50 CFR part 270 and other applicable law, and approve 
or disapprove, marketing and promotion plans and budgets within 60 days 
after their submission by a Council;
    (2) Immediately notify a Council in writing of the disapproval of a 
marketing and promotion plan or budget, together with reasons for such 
disapproval;
    (3) Issue orders and amendments to such orders that are necessary to 
implement quality standards under Sec. 270.15;
    (4) Promulgate regulations necessary to carry out the purposes of 
this chapter;
    (5) Enforce the provisions of the Act;
    (6) Make all appointments to Councils in accordance with Sec. 270.8 
and the approved Council charter;
    (7) Approve the criteria and time frames under which a Council's 
performance will be evaluated; and
    (8) Implement the provisions of 16 U.S.C. 4001 et seq. in accordance 
with the available financial and management resources NMFS determines 
can be utilized.
    (b) NMFS may provide, on a reimbursable or other basis, such 
administrative or technical assistance as a Council may request for 
purposes of the initial organization and subsequent operation of the 
Council. However, a Council is responsible for the cost of preparing and 
submitting information (e.g., reports, evaluation data, etc.) requested 
by NMFS.



Sec. 270.12  Notice of Council meetings.

    The Council will give NMFS the same notice of its meetings as it 
gives to its members. NMFS will have the right to participate in all 
Council meetings.



Sec. 270.13  Books, records and reports.

    (a) The Council must submit to NMFS the following documents 
according to the schedule approved in the Council's charter:
    (1) A marketing assessment and promotion plan;
    (2) A financial report with respect to the receipt and disbursement 
of funds;
    (3) An audit report conducted by an independent public accountant; 
and
    (4) Other reports or data NMFS determines necessary to evaluate the 
Council's performance and verify the results of the market assessment 
and promotion plan..
    (b) All Council records, reports, and data must be maintained by the 
Council for a minimum of 3 years, even if the Council is terminated.

[[Page 967]]



Sec. 270.14  Update of sector participant data.

    The Council will submit to NMFS at the end of each fiscal year an 
updated list of sector participants who meet the minimum requirements 
for eligibility to participate in a referendum as stated in the approved 
charter.



Sec. 270.15  Quality standards.

    (a) Each Council may develop and submit to NMFS for approval or, 
upon the request of a Council, NMFS will develop quality standards for 
the species of fish or fish products described in the approved charter. 
Any quality standard developed under this paragraph must be consistent 
with the purposes of the Act.
    (b) A quality standard developed under paragraph (a) of this section 
may be adopted by a Council by a majority of its members following a 
referendum conducted by the Council among sector participants of the 
concerned sector(s). In order for a quality standard to be brought 
before Council members for adoption, the majority of the sector 
participants of the concerned sector(s) must vote in favor of the 
standard. Further, according to the best available data, the majority 
must collectively account for, in the 12-month period immediately 
preceding the month in which the referendum is held, not less than 66 
percent of the value of the fish or fish products described in the 
charter that were handled during such period in that sector by those who 
meet the eligibility requirements to vote in the referendum as defined 
by the petitioners.
    (c) The Council must submit a plan to conduct the referendum on the 
quality standards to NMFS for approval at least 60 days in advance of 
such referendum date. The plan must consist of the following:
    (1) Date(s) for conducting the referendum;
    (2) Method (by mail or in person);
    (3) Copy of the proposed notification to sector participants 
informing them of the referendum;
    (4) List of sector participants eligible to vote;
    (5) Name of individuals responsible for conducting the referendum;
    (6) Copy of proposed ballot package to be used in the referendum; 
and
    (7) Date(s) and location of ballot counting.
    (d) An official observer appointed by NMFS will be allowed to be 
present at the ballot counting and any other phase of the referendum 
process, and may take whatever steps NMFS deems appropriate to verify 
the validity of the process and results of the referendum.
    (e) Quality standards developed under this section of the 
regulations must, at a minimum, meet Food and Drug Administration (FDA) 
minimum requirements for fish and fish products for human consumption.
    (f) Quality standards must be consistent with applicable standards 
of the U.S. Department of Commerce (National Oceanic and Atmospheric 
Administration) or other recognized Federal standards and/or 
specifications for fish and fish products.
    (g) No quality standard adopted by a Council may be used in the 
advertising or promotion of fish or fish products as being inspected by 
the United States Government unless the standard requires sector 
participants to be in the U.S. Department of Commerce voluntary seafood 
inspection program.
    (h) The intent of quality standards must not be to discriminate 
against importers who are not members of the Council.
    (i) Quality standards must not be developed for the purpose of 
creating non-tariff barriers. Such standards must be compatible with 
U.S. obligations under the General Agreement on Tariffs and Trade, or 
under other international standards deemed acceptable by NMFS.
    (j) The procedures applicable to the adoption and the operation of 
quality standards developed under this subchapter also apply to 
subsequent amendments or the termination of such standards.
    (k) With respect to a quality standard adopted under this section, 
the Council must develop and file with NMFS an official identifier in 
the form of a symbol, stamp, label or seal that will be used to indicate 
that a fish or fish product meets the quality standard at the time the 
official identifier is

[[Page 968]]

affixed to the fish or fish product, or is affixed to or printed on the 
packaging material of the fish or fish product. The use of such 
identifier is governed by Sec. 270.15.



Sec. 270.16  Deposit of funds.

    All funds collected or received by a Council under this section must 
be deposited in an appropriate account in the name of the Council 
specified in its charter. Funds eligible to be collected or received by 
a Council must be limited to those authorized under the Act.
    (a) Pending disbursement, under an approved marketing plan and 
budget, funds collected through assessments authorized by the Act must 
be deposited in any interest-bearing account or certificate of deposit 
of a bank that is a member of the Federal Reserve System, or in 
obligations fully guaranteed as to principal and interest by the United 
States Government.
    (b) The Council may, however, pending disbursement of these funds, 
invest in risk-free, short-term, interest-bearing instruments.
    (1) Risk-free. All investments must be insured or fully 
collateralized with Federal Government securities. In the absence of 
collateral, accounts established at financial institutions should, in 
aggregate, total less than $100,000 to assure both principal and 
interest are federally insured in full.
    (2) Short-term. Generally, all investments should be for a 
relatively short time period (one year or less) to assure that the 
principal is maintained and readily convertible to cash.
    (3) Collateralization. Investments exceeding the $100,000 insurance 
coverage level must be fully collateralized by the financial 
institution.
    (i) Collateral must be pledged at face value and must be pledged 
prior to sending funds to the institution.
    (ii) Government securities are acceptable collateral. Declining 
balance, mortgage backed securities such as Government National Mortgage 
Association (GNMA) and Federal National Mortgage Association (FNMA) are 
not acceptable collateral.
    (iii) If an account has been established, collateral may be held at 
the local Federal Reserve Bank. Otherwise, another depository must hold 
the collateral.



Sec. 270.17  Authority to impose assessments.

    A Council will impose and administer the collection of the 
assessments that are necessary to pay for all expenses incurred by the 
Council in carrying out its functions under 50 CFR part 270.



Sec. 270.18  Method of imposing assessments.

    Assessments will be imposed on sector participants in the receiving 
sector or the importing sector or both as specified in an approved 
Council charter. Assessment rates will be based on value that may be 
expressed in monetary units or units of weight or volume.
    (a) An assessment on sector participants in the receiving sector 
will be in the form of a percentage of the value or a fixed amount per 
unit of weight or volume of the fish described in the charter when 
purchased by such receivers from fish harvesters.
    (b) An assessment on sector participants who own fish processing 
vessels and harvest the fish described in the charter will be in the 
form of a percentage of the value or on a fixed amount per unit of 
weight or volume of the fish described in the charter that is no less 
than the value if such fish had been purchased by a receiver other than 
the owner of the harvesting vessel.
    (c) An assessment on sector participants in the importing sector 
will be in the form of a percentage of the value that an importer pays 
to a foreign supplier, as determined for the purposes of the customs 
laws, or a fixed amount per unit of weight or volume, of the fish or 
fish products described in the charter when entered or withdrawn from 
warehouse for consumption, in the customs territory of the United States 
by such sector participants.
    (d) A Council may not impose an assessment on any person that was 
not eligible to vote in the referendum establishing the Council by 
reason of failure to meet the requirements specified under unless that 
person, after the date on which the referendum is held, meets the 
requirements of section.

[[Page 969]]

    (e) Any person may make voluntary payments or in-kind contributions 
to a Council for purposes of assisting the Council in carrying out its 
functions.



Sec. 270.19  Notice of assessment.

    (a) The Council must serve each person subject to assessment with 
notice that the assessment is due. The notice of assessment must 
contain:
    (1) A specific reference to the provisions of the Act, regulations, 
charter and referendum that authorize the assessment;
    (2) The amount of the assessment;
    (3) The period of time covered by the assessment;
    (4) The date the assessment is due and payable, which will not be 
earlier than 30 days from the date of the notice;
    (5) The form(s) of payment; and
    (6) To whom and where the payment must be made.
    (b) The notice must advise such person of his or her right to seek 
review of the assessment by filing a written petition of objection with 
NMFS at any time during the time period to which the assessment applies, 
including the right to request a hearing on the petition. The notice 
must state that the petition of objection must be filed in accordance 
with the procedures in Sec. 270.21.
    (c) The notice must also advise such persons of his or her right to 
a refund of the assessment as provided in Sec. 270.22. The notice must 
state that a refund may be requested for not less than 90 days from such 
collection, and provide that the Council will make the refund within 60 
days after the request for the refund is requested.



Sec. 270.20  Payment of assessments.

    Persons subject to an assessment would be required to pay the 
assessment on or before the date due, unless they have demanded a refund 
or filed a petition of objection with NMFS under Sec. 270.21. However, 
persons who have demanded a refund under Sec. 270.22 or filed a 
petition of objection under Sec. 270.21 may submit proof of these 
actions in leu of payment. In the case of a petition of objection, NMFs 
will inform the Council and the petitioner of its finding at which time 
petitioner must pay the revised assessment if applicable.



Sec. 270.21  Petition of objection.

    (a) Filing a petition. Any person issued a notice of assessment 
under Sec. 270.19 may request that NMFS modify or take other 
appropriate action regarding the assessment or promotion plan by filing 
a written petition of objection with NMFS. Petitions of objection may be 
filed:
    (1) Only if the petitioner determines one or more of the following 
criteria is not in accordance with the law:
    (i) The assessment;
    (ii) The plan upon which the assessment is based; or
    (iii) Any obligation imposed on the petitioner under the plan.
    (2) Only during the time period to which the assessment applies.
    (b) Contents of the petition of objection. A petition must be 
addressed to Assistant Administrator for Fisheries, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910, and 
must contain the following:
    (1) The petitioner's correct name, address, and principal place of 
business. If the petitioner is a corporation, this must be stated, 
together with the date and state of incorporation, and the names, 
addresses, and respective positions of its officers; if a partnership, 
the date and place of formation and the name and address of each 
partner;
    (2) The grounds upon which the petition of objection is based, 
including the specific terms or provisions of the assessment, the 
marketing and promotion plan, or obligation imposed by the plan, to 
which the petitioner objects;
    (3) A full statement of the facts upon which the petition is based, 
set forth clearly and concisely, accompanied by any supporting 
documentation;
    (4) The specific relief requested; and
    (5) A statement as to whether or not the petitioner requests a 
hearing.
    (c) Notice to Council. NMFS will promptly furnish the appropriate 
Council with a copy of the petition of objection.

[[Page 970]]

    (d) Opportunity for informal hearing. (1) Any person filing a 
petition of objection may request an informal hearing on the petition. 
The hearing request must be submitted with the petition of objection.
    (2) If a request for hearing is timely filed, or if NMFS determines 
that a hearing is advisable, NMFS will so notify the petitioner and the 
Council. NMFS will establish the applicable procedures, and designate 
who will be responsible for conducting a hearing. The petitioner, the 
Council, and any other interested party, may appear at the hearing in 
person or through a representative, and may submit any relevant 
materials, data, comments, arguments, or exhibits. NMFS may consolidate 
two or more hearing requests into a single proceeding.
    (3) Final decision. Following the hearing, or if no hearing is held, 
as soon as practicable, NMFS will decide the matter and serve written 
notice of the decision on the petitioner and the Council. NMFS's 
decision will be based on a consideration of all relevant documentation 
and other evidence submitted, and will constitute the final 
administrative decision and order of the agency. NMFS will have the 
discretion to waive collection of a contested assessment or revise, 
modify, or alter the assessment amount based on a Council method of 
assessment.



Sec. 270.22  Refunds.

    (a) Notwithstanding any other provision of the Act, any person who 
pays an assessment under the Act may demand and must promptly receive 
from the Council a refund of such assessment. A demand for refund must 
be made in accordance with procedures in the approved charter and within 
such time as will be prescribed by the Council and approved by NMFS. 
Procedures to provide such a refund must be established before any such 
assessment may be collected. Such procedures must allow any person to 
request a refund 90 days or more from such collection, and provide that 
such refund must be made within 60 days after demand for such refund is 
made.
    (b) Once a refund has been requested by a sector participant and 
paid by the Council, that sector participant may no longer participate 
in a referendum or other business of the Council during the remainder of 
the assessment rate period. Future assessments will only be sent to such 
a sector participant at the request of the sector participant. If 
assessments are paid during a future assessment rate period and no 
refund is requested, that sector participant may again participate in a 
referendum or other business of the Council.



Sec. 270.23  Dissolution of Councils.

    (a) Petition for termination. (1) A petition to terminate a Council 
may be filed with NMFS by no less than three sector participants in any 
one sector. Any petition filed under this subsection must be accompanied 
by a written document explaining the reasons for such petition.
    (2) If NMFS determines that a petition filed under paragraph (a)(1) 
of this section is accompanied by the signatures, or corporate 
certifications, of no less than three sector participants in the sector 
referred to in paragraph (a)(1) of this section who collectively 
accounted for, in the 12-month period immediately preceding the month in 
which the petition was filed, not less than 20 percent of the value of 
the fish or fish products described in Sec. 270.3(c)(2)(iii) that were 
handled by that sector during the period, NMFS within 90 days after the 
determination, will conduct a referendum for termination of the Council 
among all sector participants in that sector.
    (3) Not less than 30 days prior to holding a referendum, NMFS will 
publish an announcement in the Federal Register of the referendum, 
including an explanation of the reasons for the petition for termination 
filed under paragraph (a)(1) of this section and any other relevant 
information NMFS considers appropriate.
    (4) If the referendum votes which are cast in favor of terminating 
the Council constitute a majority of the sector participants voting and 
the majority, in the period in paragraph (a)(2) of this section, 
collectively accounted for not less than 66 percent of the value of such 
fish and fish products that were handled during such period by the 
sector in paragraph (a)(1) of this section,

[[Page 971]]

NMFS will by order of publication terminate the Council effective as of 
a date by which the affairs of the Council may be concluded on an 
orderly basis.
    (5) NMFS initially will pay all costs of a referendum conducted in 
Sec. 270.23. Prior to conducting such a referendum, NMFS will require 
petitioners to post a bond or other security acceptable to NMFS in an 
amount which NMFS determines to be sufficient to pay any expenses 
incurred for the conduct of the referendum.
    (6) If a referendum conducted under Sec. 270.23 fails to result in 
the termination of the Council, NMFS will immediately recover the amount 
of the bond posted by the petitioners under Sec. 270.23(a)(5).
    (7) If a referendum conducted under this subsection results in the 
termination of the Council, NMFS will recover the expenses incurred for 
the conduct of the referendum from the account established by the 
Council. If the amount remaining in such account is insufficient for 
NMFS to recover all expenses incurred for the conduct of the referendum, 
NMFS will recover the balance of the expenses from the petitioners that 
posted a bond under paragraph (a)(5) of this section.
    (b) Payment of remaining funds. If a Council is terminated under 
section Sec. 270.23(a)(4), NMFS, after recovering all expenses incurred 
for the conduct of the referendum under paragraph (a) of this section, 
will take such action as is necessary and practicable to ensure that 
moneys remaining in the account established by the Council under Sec. 
270.17 are paid on a prorated basis to the sector participants from whom 
those moneys were collected under Sec. 270.20.



                        SUBCHAPTER I	J [RESERVED]



[[Page 972]]



                     SUBCHAPTER K_CONTINENTAL SHELF





PART 296_FISHERMEN'S CONTINGENCY FUND--Table of Contents



Sec.
296.1 Purpose.
296.2 Definitions.
296.3 Fishermen's contingency fund.
296.4 Claims eligible for compensation.
296.5 Instructions for filing claims.
296.6 NMFS processing of claims.
296.7 Burden of proof and presumption of causation.
296.8 Amount of award.
296.9 Initial determination.
296.10 Agency review.
296.11 Final determination.
296.12 Payment of costs.
296.13 Payment of award for claim.
296.14 Subrogation.
296.15 Judicial review.

    Authority: Pub. L. 97-212 (43 U.S.C. 1841 et seq.).

    Source: 47 FR 49600, Nov. 1, 1982, unless otherwise noted.



Sec. 296.1  Purpose.

    These regulations implement title IV of the Outer Continental Shelf 
Lands Act Amendments of 1978, as amended (title IV). Title IV 
establishes a Fishermen's Contingency Fund to compensate commercial 
fishermen for damage or loss caused by obstructions associated with oil 
and gas activities on the Outer Continental Shelf.



Sec. 296.2  Definitions.

    Area affected by Outer Continental Shelf activities means the area 
within a 3-mile radius of any casualty site which:
    (1) Includes any portion of a leased block, pipeline, easement, 
right of way, or other OCS oil and gas exploration, development, or 
production activity; or
    (2) Is otherwise associated (as determined by the Chief, Financial 
Services Division) with OCS oil and gas activities, such as, for 
example, expired lease areas, relinquished rights-of-way or easements, 
and areas used extensively by surface vessels supporting OCS oil and gas 
activities (areas landward of the OCS are included when such areas meet 
this criterion).
    Chief, FSD means Chief, Financial Services Division, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910; 
telephone: (301) 713-2396.
    Citizen of the United States means any person who is a United States 
citizen, any State, or any corporation, partnership, or association 
organized under the laws of any state which meets the requirements for 
documenting vessels in the U.S. coastwise trade.
    Commercial fisherman means any citizen of the United States who 
owns, operates, or is employed on a commercial fishing vessel.
    Commercial fishing vessel means any marine craft which is documented 
under the laws of the United States or, if under five net tons, 
registered under the laws of any State, and used for commercial fishing 
or activities directly related to commercial fishing.
    Easement means a right of use or easement granted under 30 CFR 
250.18.
    Fish means all forms of marine animal and plant life other than 
marine mammals, birds, and highly migratory species.
    Fishing gear means any commercial fishing vessel, and any equipment 
of such vessel.
    Fund means the Fishermen's Contingency Fund established by title IV 
of the Outer Continental Shelf Lands Act Amendments of 1978.
    Holder means the owner of record of each lease, prelease exploratory 
drilling permit, easement, or right-of-way or any agent or assignee of 
an owner.
    Lease means any authority under section 8 or section 6 of the OCS 
Lands Act to develop and produce or explore for oil or gas.
    Negligence or fault includes, but is not limited to, failure to:
    (1) Remain outside of any navigation safety zone established around 
oil and gas rigs and platforms by any responsible Federal agency;
    (2) Avoid obstructions recorded on nautical charts or in the Notice 
to Mariners or marked by a buoy or other surface marker (casualties 
occurring within a one-quarter mile radius of obstructions so recorded 
or marked are presumed to involve negligence or fault of the claimant);

[[Page 973]]

    (3) Abide by established rules of the road;
    (4) Use proper care; or
    (5) Use due care and diligence to mitigate the damage or loss.
    Outer Continental Shelf means all submerged lands lying seaward and 
outside of the area of lands beneath navigable waters as defined in 43 
U.S.C. section 1301, and of which the subsoil and seabed appertain to 
the United States and are subject to its jurisdiction and control. 
Generally, but not in all cases, this includes all submerged lands lying 
seaward of the territorial sea (3 miles from a State's coastline, or 9 
miles from the coast of Texas or Florida).
    Person means an individual, partnership, corporation, association, 
public or private organization, government, or other entity.
    Resulting Economic Loss means the gross income, as estimated by the 
Chief, FSD, that a claimant will lose because of not being able to fish, 
or having to reduce fishing effort, during the period before the damaged 
or lost fishing gear concerned is repaired or replaced and available for 
use. This period must be reasonable. This period begins on the date of 
the casualty and stops on the date the damage could reasonably have been 
remedied by repair or replacement.
    Right-of-way means any right-of-way granted under section 5(e) of 
the OCS Lands Act or under 43 CFR 3340.0-5.
    Secretary means the Secretary of Commerce or his designee.

[47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6322, Feb. 20, 1996]



Sec. 296.3  Fishermen's contingency fund.

    (a) General. There is established in the Treasury of the United 
States the Fishermen's Contingency Fund. The Fund is available without 
fiscal year limitation as a revolving fund to carry out the purposes of 
title IV of the Outer Continental Shelf Lands Act Amendments of 1978, as 
amended.
    (b) Payments into the fund. Each Holder of an exploration permit, 
lease, easement, or rights-of-way for the construction of a pipeline, or 
a prelease exploration drilling permit issued or maintained under the 
Outer Continental Shelf Lands Act, in effect on or after June 30, 1982, 
shall pay assessments to the Fund. All pipeline right-of-way and 
easements are to be included for assessment except those constructed and 
operated lines within the confines of a single lease or group of 
contiguous leases under unitized operation or single operator. Payments 
will not be required for geological or geophysical permits, other than 
prelease exploratory drilling permits issued under section 11 of the 
Outer Continental Shelf Lands Act (43 U.S.C. 1340).
    (1) Assessments to maintain the fund. When the total amount in the 
Fund is less than the Chief, FSD, determines is needed to pay Fund 
claims and expenses, the Chief, FSD, will notify the Secretary of the 
Interior that additional assessments are needed.
    (2) Billing and collections. The Secretary of the Interior will 
calculate the amounts to be paid by each Holder and shall notify each 
Holder of the dollar amount and the time and place for all payments. 
Each assessment shall be paid to the Secretary of the Interior no later 
than 45 days after the Secretary of the Interior sends notice of the 
assessment.
    (3) Annual assessment limits. No Holder shall be required to pay in 
excess of $5,000 for any lease, permit, easement or right-of-way in any 
calendar year.
    (c) Moneys recovered through subrogation. Any moneys recovered by 
the Secretary through the subrogation of a claimant's rights shall be 
deposited into the Fund.
    (d) Investments of the fund. Excess sums in the Fund will be 
invested in obligations of, or guaranteed by, the United States. Revenue 
from such investments shall be deposited in the Fund.
    (e) Litigation. The Fund may sue and be sued in its own name.



Sec. 296.4  Claims eligible for compensation.

    (a) Claimants. Damage or loss eligible for Fund compensation must be 
suffered by a commercial fisherman.
    (b) Damage or loss of fishing gear. Damage or loss is eligible for 
Fund compensation if it was caused by materials, equipment, tools, 
containers, or other items associated with OCS oil and gas exploration, 
development, or production activities. Damage or loss

[[Page 974]]

may be eligible for compensation even though it did not occur in OCS 
waters if the item causing the damage or loss was associated with oil 
and gas exploration, development, or production activities in OCS 
waters.
    (c) Exceptions. Damage or loss is not eligible for Fund 
compensation:
    (1) If the damage or loss was caused by the negligence or fault of 
the claimant;
    (2) If the damage or loss occurred prior to September 18, 1978;
    (3) To the extent that damage or loss exceeds the replacement value 
of the fishing gear involved;
    (4) For any portion of the damage or loss which can be compensated 
by insurance;
    (5) If the claim is not filed within 90 calendar days of the date 
the claimant or the claimant's agent first became aware of the damage or 
loss (or such longer period as the Secretary may allow under unusual and 
extenuating circumstances); or
    (6) If the damage or loss was caused by an obstruction unrelated to 
OCS oil and gas exploration, development, or production activities.

[47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985; 61 
FR 6322, Feb. 20, 1996]



Sec. 296.5  Instructions for filing claims.

    (a) Fifteen-day report required to gain presumption of causation--
(1) General. Damages or losses are presumed to be qualified for 
compensation if certain requirements are satisfied. One requirement is 
that a report must be made to NMFS within fifteen (15) days after the 
date on which the vessel first returns to a port after discovering the 
damage or loss. Filing of a fifteen-day report must be followed up by 
filing a detailed claim.
    (2) When and how to file a fifteen-day report. To qualify for the 
presumption of causation, a fifteen-day report must be made to NMFS 
within fifteen days after the date on which the vessel first returns to 
a port after discovering the damage or loss. Satisfaction of the 
fifteen-day requirement is determined by the postmark, if the report is 
mailed; by the date of a call, if the report is telephoned or 
radiotelephoned; or, by the date of appearance, if the report is made in 
person. The fifteen-day report must be made to the Chief, Financial 
Services Division, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910; telephone: (301) 713-2396.
    (3) Contents of fifteen-day report. Each fifteen-day report must 
include the following information:
    (i) The claimant's name and address;
    (ii) The name of the commercial fishing vessel involved;
    (iii) The location of the obstruction which caused the damage or 
loss;
    (iv) A description of the nature of the damage or loss;
    (v) The date such damage or loss was discovered;
    (vi) If the fifteen-day report is made after the vessel returns to 
port, the date on which the vessel first returned to port after 
discovering the damage.
    (b) Form of claim. Claims must be in writing. Claims may be 
submitted on NOAA form 88-164. This form may be obtained from any NMFS 
regional office or from the Chief, FSD. Although claimants are not 
required to use this claim form, it will probably be to their benefit to 
do so.
    (c) Who must file and when and where to file claims. All claimants 
(including those who filed 15-day reports to gain the presumption of 
causation) must submit a claim application to the Chief, Financial 
Services Division, within 90 calendar days of the date the claimant or 
the claimant's agent first became aware of the damage or loss. The 
Chief, FSD, may allow a longer period for filing claims if, in his 
discretion, unusual and extenuating circumstances justify a longer 
period. The term ``filed'' means delivered in person, or mailed (as 
determined by the date of the postmark) to the Chief, Financial Services 
Division, National Marine Fisheries Service, 1825 Connecticut Avenue, 
NW., Washington, DC 20235. The Chief, FSD, suggests that mailed claims 
be sent by registered or certified mail, return receipt requested, so 
the claimant will have a record that the claim was received by the 
Chief, FSD.
    (d) Aggregating claims. If more than one commercial fisherman 
suffers loss or damage from the same incident (for example, when several 
members of the

[[Page 975]]

crew lost income due to loss of fishing time), all claims should be 
submitted on their behalf by the owner or operator of the commercial 
fishing vessel involved.
    (e) Contents of claim. Each claim must be signed by the claimant and 
must accurately and completely provide the following information:
    (1) The name, mailing address, telephone number, citizenship, and 
occupational status (for example, vessel owner, operator, or crew 
member) of each claimant;
    (2) The name and Coast Guard documentation number or State 
registration number of the commercial fishing vessel involved in the 
damage or loss;
    (3) The home port, type, and size of the vessel involved in the 
casualty;
    (4) A full statement of the circumstances of the damage or loss 
including:
    (i) The date when the casualty was first discovered by the claimant,
    (ii) The water depth (if known) and visibility at the time and 
location where the casualty occurred,
    (iii) The direction, speed, and activities of the claimant's vessel 
immediately before, during, and after the casualty (including a full 
description of both the deployment of any fishing gear which is the 
subject of the claim and all attempts at retrieval of the gear),
    (iv) The names and addresses of all witnesses to the casualty,
    (v) The location where the casualty occurred in Loran C coordinates 
or the next most accurate method of position fixing available to the 
claimant,
    (vi) A description of the item or obstruction (if sighted or 
recovered) which caused the casualty, and whether or not any surface 
markers were attached to or near the obstruction. Submit any available 
photographs of the item or obstruction. State reasons for believing the 
obstruction is associated with OCS oil and gas activities.
    (5) The amount claimed for property damage or loss and a full 
statement of the type and extent of damage or loss including:
    (i) An inventory of all components of fishing gear damaged or lost,
    (ii) The date, place, and cost of acquisition of all fishing gear 
damaged or lost and proof of its purchase (sales receipts, affidavits, 
or other evidence),
    (iii) One estimate from a commercial fishing gear repair or supply 
company of the present replacement or repair (whichever applies) cost of 
the damaged or lost fishing gear. If the gear will be repaired by the 
claimant himself, a detailed estimate by the claimant identifying the 
repair cost.
    (6) The amount claimed for economic loss and the basis for that 
amount with supporting documentation, as follows:
    (i) Trip tickets for the three vessel trips immediately before the 
trip during which the casualty was discovered and for the vessel trip 
immediately following the trip during which the casualty occurred.
    (ii) A statement of the amount of time involved on each of the 
vessel trips above (or if the casualty involves fixed gear, a statement 
of the number of gear units deployed on each of these trips).
    (iii) A statement of the amount of time lost from fishing because of 
the damage or loss and a full explanation of why this time period is 
reasonable.
    (iv) Documentation of the date replacement gear was ordered and 
received or the date gear repair began and ended. This documentation may 
consist of purchase orders, bills of lading, or statements from sellers 
or repairers.
    (7) The amount claimed for other consequential loss or costs 
(including fees for claim preparation, etc.) with suitable documentation 
of the amounts claimed (such as invoices, receipts, etc.).

[47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985; 53 
FR 24645, June 29, 1988; 61 FR 6322, Feb. 20, 1996]



Sec. 296.6  NMFS processing of claims.

    (a) Action by NMFS. Upon receipt of a claim, the Chief, FSD, will:
    (1) Send an abstract of the claim to the Secretary of the Interior;
    (2) Send the reported location of any obstruction which was not 
recovered and retained to the National Ocean Survey, which will inform 
the Defense Mapping Agency Hydrographic/Topographic Center.
    (b) Actions by the Interior Department. Upon receipt of an abstract 
of a claim,

[[Page 976]]

the Interior Department will immediately:
    (1) Plot the casualty site, and advise NMFS whether the site is in 
an area affected by OCS activities;
    (2) make reasonable efforts to notify all persons known to have 
engaged in activities associated with OCS energy activity in the 
vicinity where the damage or loss occurred.
    (c) Responses to notice of claim. (1) Each person notified by the 
Interior Department will, within thirty days after receipt of the 
notice, advise the Chief, FSD, and the Interior Department whether he 
admits or denies responsibility for the damages claimed.
    (2) Each person notified by the Interior Department who fails to 
give timely and proper advice of admission or denial of responsibility 
shall be presumed to deny responsibility for the damages claimed.
    (3) If any person admits responsibility, the Chief, FSD, will 
initiate action to recover from that party any sums paid or to be paid 
for the claimed damages.
    (4) Any person referred to in this section, including lessees or 
permittees or their contractors or subcontractors, may submit evidence 
about any claim to the Chief, FSD.
    (d) Failure to meet filing requirements. The Chief, FSD, may reject 
any claim that does not meet the filing requirements. The Chief, FSD, 
will give a claimant whose claim is rejected written notice of the 
reasons for rejection within 30 days after the date on which the claim 
was filed. If the claimant does not refile an acceptable claim within 30 
days after the date of this written notice, the claimant is not eligible 
for Fund compensation unless there are extenuating circumstances.
    (e) Proceedings--(1) Location. Any required proceeding will be 
conducted within such United States judicial district as may be mutually 
agreeable to the claimant and the Assistant Administrator, NMFS, or his 
designee, or if no agreement can be reached, within the United States 
judicial district in which the claimant's home port is located.
    (2) Powers. For purposes of any proceeding, the Assistant 
Administrator, NMFS, or his designee, shall have the power to administer 
oaths and subpoena witnesses and the production of books, records, and 
other evidence relative to the issues involved.
    (3) Amendments to claims. A claimant may amend the claim at any time 
before the Chief, FSD, issues an initial determination.
    (4) Criminal penalty for fraudulent claims. Any person who files a 
fraudulent claim is subject to prosecution under 18 U.S.C. sections 287 
and 1001, each of which, upon conviction, imposes a penalty of not more 
than a $10,000 fine and 5 years' imprisonment, or both.

[47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6322, Feb. 20, 1996]



Sec. 296.7  Burden of proof and presumption of causation.

    (a) Burden of proof. The claimant has the burden to establish, by a 
preponderance of the evidence, all facts necessary to qualify his claim, 
including:
    (1) The identity or nature of the item which caused the damage or 
loss; and
    (2) That the item is associated with oil and gas exploration, 
development, or production activities on the Outer Continental Shelf.
    (b) Presumption of causation. Notwithstanding the above, damages or 
losses are presumed to be caused by items associated with oil and gas 
exploration, development, or production activities on the OCS if the 
claimant establishes that:
    (1) The claimant's commercial fishing vessel was being used for 
commercial fishing and was located in an area affected by OCS oil and 
gas exploration, development, or production activities;
    (2) A report on the location of the obstruction which caused such 
damage or loss, and the nature of such damage or loss, was made within 
fifteen days after the date on which the vessel first returned to a port 
after discovering such damage;
    (3) There was no record on the most recent nautical charts issued by 
the National Ocean Survey, NOAA, or in any weekly Notice to Mariners 
issued by the Defense Mapping Agency Hydrographic/Topographic Center, in 
effect at least 15 days before the date the

[[Page 977]]

damage or loss occurred, then an obstruction existed in the immediate 
vicinity where the damage or loss occurred. In the case of damages 
caused by a pipeline, the presumption will be available regardless of 
whether the pipeline was recorded on charts or in the Notice to 
Mariners; and
    (4) There was no proper surface marker or lighted buoy attached, or 
closely anchored, to such obstruction.
    (c) Geographic exclusion from presumption of causation. Damage or 
loss occurring within a one-quarter mile radius of obstructions recorded 
on charts or in a Notice to Mariners, or properly marked, is presumed to 
involve the recorded or marked obstruction.



Sec. 296.8  Amount of award.

    (a) Actual damages. The award for damaged fishing gear will be the 
lesser of the gear's repair cost or replacement cost. The award for lost 
fishing gear will be the gear's replacement cost.
    (b) Consequential damages. An award may also include compensation 
for any damage or loss (except personal injury) that is incurred as a 
consequence of the fishing gear damage or loss.
    (c) Resulting economic loss. An award may also include 50 percent of 
the resulting economic loss from damage to or loss of fishing vessels 
and gear.
    (d) Attorney, CPA, consultant fees. An award may also include 
compensation for reasonable fees paid by the claimant to an attorney, 
CPA, or other consultant for the preparation or prosecution of a claim.
    (e) Negligence of claimant. (1) An award will be reduced to the 
extent that the loss or damage was caused by the negligence or fault of 
the claimant. (For example, a claimant who sustained $10,000 in damages 
and whose negligence or fault was found to be responsible for 40% of the 
damage would receive $6,000 in compensation. If the same claimant were 
responsible for 99% of the negligence or fault that caused the damage, 
the claimant would receive $100 in compensation).
    (2) Negligence of the owner or operator of the fishing vessel or 
gear will reduce crewmember awards to the same extent that it reduces an 
award to the vessel's owner or operator.
    (f) Insurance proceeds. An award will be reduced by the amount the 
claimant has, or reasonably would have, received under a commercial 
policy of full hull and machinery and protection and indemnity 
insurance, whether or not such insurance was in effect at the time the 
casualty occurred.

[47 FR 49600, Nov. 1, 1982, as amended at 50 FR 13796, Apr. 8, 1985]



Sec. 296.9  Initial determination.

    The Chief, FSD will make an initial determination on a claim within 
60 days after the day on which the claim is accepted for filing. The 
initial determination will state:
    (a) If the claim is disapproved, the reason for disapproval, or
    (b) If the claim is approved, the amount of compensation and the 
basis on which the amount was determined.



Sec. 296.10  Agency review.

    (a) Within 30 days after the Chief, FDS, issues an initial 
determination, the claimant, or any other interested person who 
submitted evidence relating to the initial determination, may ask the 
Assistant Administrator, NMFS, or his designee, for a review of the 
initial determination.
    (b) The petitioner may submit written or oral evidence within 30 
days of filing the petition for review.



Sec. 296.11  Final determination.

    (a) If a petition for review of an initial determination is filed 
within 30 days after the date the Chief, FSD, issues an initial 
determination, the Assistant Administrator, NMFS, or his designee will 
conduct a review of the initial determination, and will issue a final 
determination no later than 60 days after receipt of the request for 
review of the initial determination.
    (b) If a petition for review of an initial determination is not 
filed within 30 days after the day on which the Chief, FSD, issues an 
initial determination, the initial determination will become a final 
determination.



Sec. 296.12  Payment of costs.

    (a) By person denying responsibility for damage. Any person who is 
notified by the Interior Department and fails to

[[Page 978]]

respond or denies responsibility for the damages claimed will pay the 
costs of the proceedings if such person is subsequently found to be 
responsible for the damage claimed.
    (b) By the claimant. Any claimant who files a claim will pay the 
cost of the proceedings if such person is subsequently found to be 
responsible for the damage claimed.
    (c) By person denying responsibility for damage and the claimant. If 
more than one party is found to have responsibility for the damage 
claimed, then the cost of the proceedings will be apportioned between 
them.



Sec. 296.13  Payment of award for claim.

    (a) Upon an initial determination, the Chief, Financial Services 
Division, shall immediately disburse the claim awarded if the claimant 
signed as part of his/her application a statement agreeing to repay all 
or any part of the award if the award should for any reason be 
subsequently reduced.
    (b) [Reserved]

[61 FR 6322, Feb. 20, 1996]



Sec. 296.14  Subrogation.

    (a) The claim application will contain a subrogation statement 
signed by the claimant as a condition of payment of the claim which:
    (1) Assigns to the Fund the claimant's rights against third parties; 
and
    (2) Provides that the claimant will assist the Fund in any 
reasonable way to pursue those rights.
    (b) Collection of subrogated rights. If a reasonable chance of 
successful collection exists, NMFS will refer any subrogated rights to 
the Justice Department for collection.
    (c) Any moneys recovered through subrogation shall be deposited into 
the Fund.

[47 FR 49600, Nov. 1, 1982, as amended at 61 FR 6323, Feb. 20, 1996]



Sec. 296.15  Judicial review.

    Any claimant or other person who is aggrieved by a final 
determination may, no later than 30 days after the determination, seek 
judicial review of the determination in the United States District Court 
for such judicial district as may be mutually agreeable to the parties 
concerned or, if no agreement can be reached, in the United States 
District Court for the judicial district in which the claimant's home 
port is located.

[[Page 979]]



        CHAPTER III--INTERNATIONAL FISHING AND RELATED ACTIVITIES




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Part                                                                Page
300             International fisheries regulations.........         981

[[Page 981]]



PART 300_INTERNATIONAL FISHERIES REGULATIONS--Table of Contents



                            Subpart A_General

Sec.
300.1 Purpose and scope.
300.2 Definitions.
300.3 Relation to other laws.
300.4 General prohibitions.
300.5 Facilitation of enforcement.

                      Subpart B_High Seas Fisheries

300.10 Purpose.
300.11 Definitions.
300.12 Issuing offices.
300.13 Vessel permits.
300.14 Vessel identification.
300.15 Prohibitions.
300.16 Penalties.
300.17 Reporting.

                Subpart C_Eastern Pacific Tuna Fisheries

300.20 Purpose and scope.
300.21 Definitions.
300.22 Eastern Pacific fisheries recordkeeping and written reports.
300.23 Eastern Pacific fisheries - Persons and vessels exempted.
300.24 Prohibitions.
300.25 Eastern Pacific fisheries management.

                 Subpart D_South Pacific Tuna Fisheries

300.30 Purpose and scope.
300.31 Definitions.
300.32 Vessel licenses.
300.33 Compliance with applicable national laws.
300.34 Reporting requirements.
300.35 Vessel and gear identification.
300.36 Closed area stowage requirements.
300.37 Radio monitoring.
300.38 Prohibitions.
300.39 Exceptions.
300.40 Civil penalties.
300.41 Investigation notification.
300.42 Findings leading to removal from fishing area.
300.43 Observers.
300.44 Other inspections.
300.45 Vessel Monitoring System.
300.46 Transshipping requirements.

                   Subpart E_Pacific Halibut Fisheries

300.60 Purpose and scope.
300.61 Definitions.
300.62 Annual management measures.
300.63 Catch sharing plan and domestic management measures in Area 2A.
300.64 Fishing by U.S. treaty Indian tribes.
300.65 Catch sharing plan and domestic management measures in waters in 
          and off Alaska.
300.66 Prohibitions.
300.67 Charter halibut limited access program.

Figure 1 to Subpart E--Boundaries for Sitka Sound Local Area Management 
          Plan (LAMP)
Figure 2 to Subpart E--Southern Southeast Alaska Rural and Non-Rural 
          Areas
Figure 3 to Subpart E--Northern Southeast Alaska Rural and Non-Rural 
          Areas
Figure 4 to Subpart E--Prince William Sound Rural and Non-Rural Areas
Figure 5 to Subpart E--Anchorage, Matanuska-Susitna, and Kenai Rural and 
          Non-Rural Areas
Figure 6 to Subpart E--Alaska Peninsula and Aleutian Islands Rural and 
          Non-Rural Areas
Figure 7 to Subpart E--Western and Central Alaska Rural and Non-Rural 
          Areas

        Subpart F_Fraser River Sockeye and Pink Salmon Fisheries

300.90 Purpose and scope.
300.91 Definitions.
300.92 Relation to other laws.
300.93 Reporting requirements.
300.94 Prohibitions and restrictions.
300.95 Treaty Indian fisheries.
300.96 Penalties.
300.97 Inseason orders.

               Subpart G_Antarctic Marine Living Resources

300.100 Purpose and scope.
300.101 Definitions.
300.102 Relationship to other treaties, conventions, laws, and 
          regulations.
300.103 Procedure for according protection to CCAMLR Ecosystem 
          Monitoring Program Sites.
300.104 Scientific research.
300.105 Initiating a new fishery.
300.106 Exploratory fisheries.
300.107 Reporting and recordkeeping requirements.
300.108 Vessel and gear identification.
300.109 Gear disposal.
300.110 Mesh size.
300.112 Harvesting permits.
300.113 Scientific observers.
300.114 Dealer permits and preapproval.
300.115 Appointment of a designated representative.
300.116 Requirements for a vessel monitoring system for U.S. vessels.
300.117 Prohibitions.
300.118 Facilitation of enforcement and inspection.
300.119 Penalties.

[[Page 982]]


Figure 1 to Subpart G--Boundaries of the Statistical Reporting Area in 
          the Southern Ocean
Figure 2 to Subpart G--The Use of Streamer Lines To Minimize the 
          Incidental Mortality of Seabirds in the Course of Longline 
          Fishing or Longline Fishing Research Operations in the 
          Convention Area

   Subpart H_Vessels of the United States Fishing in Colombian Treaty 
                                 Waters

300.120 Purpose.
300.121 Definitions.
300.122 Relation to other laws.
300.123 Certificates and permits.
300.124 Recordkeeping and reporting.
300.125 Vessel identification.
300.126 Prohibitions.
300.127 Facilitation of enforcement.
300.128 Penalties.
300.129 Fishing year.
300.130 Vessel and gear restrictions.
300.131 Conch harvest limitations.
300.132 Lobster harvest limitations.

          Subpart I_United States-Canada Fisheries Enforcement

300.140 Purpose and scope.
300.141 Definitions.
300.142 Prohibitions.
300.143 Facilitation of enforcement.
300.144 Penalties and sanctions.

          Subpart J_U.S. Nationals Fishing in Russian Fisheries

300.150 Purpose.
300.151 Definitions.
300.152 Procedures.
300.153 Permit issuance.
300.154 Recordkeeping and reporting.
300.155 Requirements.
300.156 Prohibited acts.
300.157 Penalties.

        Subpart K_Transportation and Labeling of Fish or Wildlife

300.160 Requirement for marking of containers or packages.
300.161 Alternatives and exceptions.

                Subpart L_Pacific Albacore Tuna Fisheries

300.170 Purpose and scope.
300.171 Definitions.
300.172 Vessel list.
300.173 Vessel identification.
300.174 Logbook reports.
300.175 Hail-in and hail-out reports.
300.176 Prohibitions.

 Subpart M_International Trade Documentation and Tracking Programs for 
                        Highly Migratory Species

300.180 Purpose and scope.
300.181 Definitions.
300.182 HMS international trade permit.
300.183 Permit holder reporting and recordkeeping requirements.
300.184 Species subject to permitting, documentation, reporting, and 
          recordkeeping requirements.
300.185 Documentation, reporting and recordkeeping requirements for 
          consignment documents and re-export certificates.
300.186 Completed and approved documents.
300.187 Validation requirements.
300.188 Ports of entry.
300.189 Prohibitions.

          Subpart N_Identification and Certification of Nations

300.200 Purpose and scope.
300.201 Definitions.
300.202 Identification and certification of nations engaged in illegal, 
          unreported, or unregulated fishing activities.
300.203 Identification and certification of nations engaged in bycatch 
          of protected living marine resources.
300.204 Effect of certification.
300.205 Denial of port privileges and import restrictions on fish or 
          fish products.
300.206 Alternative procedures for IUU fishing activities.
300.207 Alternative procedures for bycatch of PLMRs.

  Subpart O_Western and Central Pacific Fisheries for Highly Migratory 
                                 Species

300.210 Purpose and scope.
300.211 Definitions.
300.212 Vessel permit endorsements.
300.213 Vessel information.
300.214 Compliance with laws of other nations.
300.215 Observers.
300.216 Transshipment.
300.217 Vessel identification.
300.218 Reporting and recordkeeping requirements.
300.219 Vessel monitoring system.
300.220 Confidentiality of information.
300.221 Facilitation of enforcement and inspection.
300.222 Prohibitions.
300.223 Purse seine fishing restrictions.
300.224 Longline fishing restrictions.

                  Subpart P_Vessels on IUU Vessel Lists

300.300 Purpose and scope.

[[Page 983]]

300.301 Definitions.
300.302 Port entry by foreign, listed IUU vessels.
300.303 Port access by foreign, listed IUU vessels.
300.304 Prohibitions.

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 
2431 et seq., 31 U.S.C. 9701 et seq.

    Source: 61 FR 35550, July 5, 1996, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 300 appear at 64 FR 
44431, Aug. 16, 1999, and at 76 FR 59305, Sept. 26, 2011.



                            Subpart A_General

    Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.



Sec. 300.1  Purpose and scope.

    The purpose of this part is to implement the fishery conservation 
and management measures provided for in the international treaties, 
conventions, or agreements specified in each subpart, as well as certain 
provisions of the Lacey Act Amendments of 1981. The regulations in this 
part apply, except where otherwise specified in this part, to all 
persons and all places subject to the jurisdiction of the United States 
under the acts implemented under each subpart.



Sec. 300.2  Definitions.

    In addition to the definitions in each act, agreement, convention, 
or treaty specified in subparts B through K of this part, the terms used 
in this part have the following meanings:
    Assistant Administrator means the Assistant Administrator for 
Fisheries, National Oceanic and Atmospheric Administration, Department 
of Commerce, or a designee. Address: Room 14555, 1315 East-West Highway, 
Silver Spring, MD 20910.
    Authorized officer means:
    (1) Any commissioned, warrant, or petty officer of the U.S. Coast 
Guard; or any U.S. Coast Guard personnel accompanying and acting under 
the direction of a commissioned, warrant, or petty officer of the U.S. 
Coast Guard;
    (2) Any special agent or fisheries enforcement officer of NMFS; or
    (3) Any person designated by the head of any Federal or state agency 
that has entered into an agreement with the Secretary of Commerce or the 
Commandant of the U.S. Coast Guard to enforce the provisions of any 
statute administered by the Secretary.
    CCAMLR inspector means a person designated by a member of the 
Commission for the Conservation of Antarctic Marine Living Resources as 
an inspector under Article XXIV of the Convention on the Conservation of 
Antarctic Marine Living Resources to verify compliance with measures in 
effect under the Convention.
    Exclusive Economic Zone or EEZ means the zone established by 
Presidential Proclamation 5030, dated March 10, 1983, as defined in 16 
U.S.C. 1802(6).
    Fishing or to fish means:
    (1) The catching or taking of fish;
    (2) The attempted catching or taking of fish;
    (3) Any other activity that can reasonably be expected to result in 
the catching or taking of fish; or
    (4) Any operations at sea in support of, or in preparation for, any 
activity described in paragraphs (1) through (3) of this definition.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type normally used for 
fishing.
    IATTC means the Inter-American Tropical Tuna Commission, established 
pursuant to the Convention for the Establishment of an Inter-American 
Tropical Tuna Commission.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into, any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction, constitutes an importation within the meaning 
of the customs laws of the United States.
    IRCS means International Radio Call Sign.
    Magnuson-Stevens Act means the Magnuson-Stevens Fishery Conservation 
and Management Act, 16 U.S.C. 1801 et seq.
    National of the United States or U.S. national means any person 
subject to the jurisdiction of the United States, including, but not 
limited to, a citizen or resident of the United States, or a person 
employed on a vessel of the

[[Page 984]]

United States. In the case of a corporation, partnership or other non- 
natural person, this includes, but is not limited to, any entity that is 
the owner of a vessel of the United States.
    NMFS means the National Marine Fisheries Service, NOAA, Department 
of Commerce.
    NMFS Headquarters means NMFS, 1315 East-West Highway, Silver Spring, 
MD 20910. Attention: Office of International Affairs.
    Official number means the documentation number issued by the USCG or 
the certificate number issued by a state or the USCG for an undocumented 
vessel, or any equivalent number if the vessel is registered in a 
foreign nation.
    Operator means, with respect to any vessel, the master or other 
individual aboard and in charge of that vessel.
    Owner means, with respect to any vessel:
    (1) Any person who owns that vessel in whole or part (whether or not 
the vessel is leased or chartered);
    (2) Any charterer of the vessel, whether bareboat, time, or voyage;
    (3) Any person who acts in the capacity of a charterer, including 
but not limited to parties to a management agreement, operating 
agreement, or any similar agreement that bestows control over the 
destination, function, or operation of the vessel; or
    (4) Any agent designated as such by a person described in this 
definition.
    Person means any individual (whether or not a citizen or national of 
the United States), any corporation, partnership, association, or other 
entity (whether or not organized, or existing under the laws of any 
state), and any Federal, state, local, or foreign government or any 
entity of any such government.
    Regional Administrator means the Administrator of one of the six 
NMFS Regions, described in Table 1 of Sec. 600.502 of this title, or a 
designee.
    Science and Research Director means the Director of one of the six 
NMFS Fisheries Science Centers described in Table 1 of Sec. 600.502 of 
this title, or a designee, also known as the Science Director.
    Secretary means the Secretary of Commerce or a designee.
    USCG means the United States Coast Guard.
    Yellowfin tuna means any fish of the species Thunnus albacares 
(synonomy: Neothunnus macropterus).

[61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011]



Sec. 300.3  Relation to other laws.

    Other laws that may apply to fishing activities addressed herein are 
set forth in Sec. 600.705 of chapter VI of this title.



Sec. 300.4  General prohibitions.

    It is unlawful for any person subject to the jurisdiction of the 
United States to:
    (a) Violate the conditions or restrictions of a permit issued under 
this part.
    (b) Fail to submit information, fail to submit information in a 
timely manner, or submit false or inaccurate information, with respect 
to any information required to be submitted, reported, communicated, or 
recorded pursuant to this part.
    (c) Make any false statement, oral or written, to an authorized 
officer concerning the catching, taking, harvesting, possession, 
landing, purchase, sale, or transfer of fish, or concerning any other 
matter subject to investigation by that officer under this part.
    (d) Conceal any material fact (including by omission), concerning 
any matter subject to investigation by an authorized officer under this 
part.
    (e) Refuse to allow an authorized officer to inspect any report or 
record required to be made or kept under this part.
    (f) Falsify, cover, or otherwise obscure, the name, home port, 
official number (if any), or any other similar marking or identification 
of any fishing vessel subject to this part such that the vessel cannot 
be readily identified from an enforcement vessel or aircraft.
    (g) Fail to comply immediately with any of the enforcement and 
boarding procedures specified in this part.
    (h) Refuse to allow an authorized officer to board a fishing vessel, 
or enter any other area of custody (i.e., any vessel, building, vehicle, 
live car, pound, pier, or dock facility where fish might

[[Page 985]]

be found) subject to such person's control, for the purpose of 
conducting any inspection, search, seizure, investigation, or arrest in 
connection with the enforcement of this part or any other applicable 
law.
    (i) Destroy, stave, or dispose of in any manner, any fish, gear, 
cargo, or other matter, upon any communication or signal from an 
authorized officer of the United States, or upon the approach of such an 
officer, enforcement vessel, or aircraft, before the officer has had the 
opportunity to inspect same, or in contravention of directions from such 
an officer.
    (j) Intentionally destroy evidence that could be used to determine 
if a violation of this part has occurred.
    (k) Assault, resist, oppose, impede, intimidate, threaten, obstruct, 
delay, prevent, or interfere, in any manner, with an authorized officer 
in the conduct of any boarding, inspection, search, seizure, 
investigation, or arrest in connection with enforcement of this part.
    (l) Resist a lawful arrest or detention for any act prohibited by 
this part.
    (m) Interfere with, delay, or prevent, by any means, the 
apprehension, arrest, or detection of another person, knowing that such 
person has committed any act prohibited by this part.
    (n) Interfere with, obstruct, delay, or prevent, by any means, an 
investigation, search, seizure, or disposition of seized property in 
connection with enforcement of this part.
    (o) Ship, transport, offer for sale, sell, purchase, import, export, 
or have custody, control, or possession of, any living marine resource 
taken or retained in violation of this part.
    (p) Violate any provision of any statute implemented by this part.
    (q) Attempt to do any of the foregoing.



Sec. 300.5  Facilitation of enforcement.

    (a) Compliance. The operator of, or any other person aboard, any 
fishing vessel subject to this part must immediately comply with 
instructions and signals issued by an authorized officer or CCAMLR 
inspector to stop the vessel, and with instructions to facilitate safe 
boarding and inspection of the vessel, its gear, equipment, fishing 
record (where applicable), and catch for purposes of enforcing this 
part.
    (1) For the purposes of this section ``freeboard'' means the working 
distance between the top rail of the gunwale of a vessel and the water's 
surface. Where cut-outs are provided in the bulwarks for the purpose of 
boarding personnel, freeboard means the distance between the threshold 
of the bulwark cut-out and the water's surface.
    (2) For the purposes of this section, ``pilot ladder'' means a 
flexible ladder constructed and approved to meet the U.S. Coast Guard 
standards for pilot ladders at 46 CFR subpart 163.003 entitled Pilot 
Ladder.
    (b) Communications. (1) Upon being approached by a USCG vessel or 
aircraft, or other vessel or aircraft with an authorized officer or 
CCAMLR inspector aboard, the operator of a fishing vessel must be alert 
for communications conveying enforcement instructions.
    (2) VHF-FM radiotelephone is the preferred method of communicating 
between vessels. If the size of the vessel and the wind, sea, and 
visibility conditions allow, a loudhailer may be used instead of the 
radio. Hand signals, placards, high frequency radiotelephone, voice, 
flags, whistle or horn may be employed by an authorized officer or 
CCAMLR inspector, and message blocks may be dropped from an aircraft.
    (3) If other communications are not practicable, visual signals may 
be transmitted by flashing light directed at the vessel signaled. USCG 
units will normally use the flashing light signal ``L'' which, in the 
International Code of Signals, means ``you should stop your vessel 
instantly.''
    (4) Failure of a vessel's operator promptly to stop the vessel when 
directed to do so by an authorized officer or CCAMLR inspector, or by an 
enforcement vessel or aircraft, using loudhailer, radiotelephone, 
flashing light, flags, whistle, horn or other means constitutes prima 
facie evidence of the offense of refusal to allow an authorized officer 
or CCAMLR inspector to board.
    (5) A person aboard a vessel who does not understand a signal from 
an enforcement unit and who is unable to

[[Page 986]]

obtain clarification by loudhailer or radiotelephone must consider the 
signal to be a command to stop the vessel immediately.
    (c) Boarding. The operator of a vessel directed to stop must:
    (1) Monitor Channel 16, VHF-FM, if so equipped.
    (2) Stop immediately and lay to or, if appropriate and/or directed 
to do so by the authorized officer or CCAMLR inspector, maneuver in such 
a way as to allow the safe boarding of the vessel by the authorized 
officer or CCAMLR inspector and the boarding party.
    (3) Except for fishing vessels with a freeboard of 4 feet (1.25 m) 
or less, provide, when requested by an authorized officer or CCAMLR 
inspector, a pilot ladder capable of being used for the purpose of 
enabling the authorized officer or CCAMLR inspector to embark and 
disembark the vessel safely. The pilot ladder must be maintained in good 
condition and kept clean.
    (4) When necessary to facilitate the boarding or when requested by 
an authorized officer or CCAMLR inspector, provide a manrope or safety 
line, and illumination for the pilot ladder.
    (5) Take such other actions as necessary to facilitate boarding and 
to ensure the safety of the authorized officer or CCAMLR inspector and 
the boarding party.
    (d) Signals. The following signals, extracted from the International 
Code of Signals, may be sent by flashing light by an enforcement unit 
when conditions do not allow communications by loudhailer or 
radiotelephone. Knowledge of these signals by vessel operators is not 
required. However, knowledge of these signals and appropriate action by 
a vessel operator may preclude the necessity of sending the signal ``L'' 
and the necessity for the vessel to stop instantly.
    (1) ``AA'' repeated (.- .-) is the call to an unknown station. The 
operator of the signaled vessel should respond by identifying the vessel 
by radiotelephone or by illuminating the vessel's identification.
    (2) ``RY-CY'' (.-. -.-- -.-. -.--) means ``you should proceed at 
slow speed, a boat is coming to you.'' This signal is normally employed 
when conditions allow an enforcement boarding without the necessity of 
the vessel being boarded coming to a complete stop, or, in some cases, 
without retrieval of fishing gear that may be in the water.
    (3) ``SQ3'' (... --.- ...--) means ``you should stop or heave to; I 
am going to board you.''

[61 FR 35550, July 5, 1996, as amended at 73 FR 67809, Nov. 17, 2008]



                      Subpart B_High Seas Fisheries

    Authority: 16 U.S.C. 5501 et seq.



Sec. 300.10  Purpose.

    This subpart implements the High Seas Fishing Compliance Act of 1995 
(Act), which requires the Secretary to license U.S. vessels fishing on 
the high seas.



Sec. 300.11  Definitions.

    In addition to the terms defined in section 300.2 and those in the 
Act and the Agreement to Promote Compliance with International 
Conservation and Management Measures by Fishing Vessels on the High 
Seas, adopted by the Conference of the Food and Agriculture Organization 
of the United Nations on November 24, 1993 (Agreement), the terms used 
in this subpart have the following meanings. If a term is defined 
differently in Sec. 300.2, the Act, or the Agreement, the definition in 
this section shall apply.
    High seas means the waters beyond the territorial sea or exclusive 
economic zone (or the equivalent) of any Nation, to the extent that such 
territorial sea or exclusive economic zone (or the equivalent) is 
recognized by the United States.
    High seas fishing vessel means any vessel of the United States used 
or intended for use on the high seas for the purpose of the commercial 
exploitation of living marine resources as a harvesting vessel, 
mothership, or any other support vessel directly engaged in a fishing 
operation.
    International conservation and management measures means measures to 
conserve or manage one or more species of living marine resources that 
are adopted and applied in accordance with the relevant rules of 
international law, as reflected in the 1982 United Nations

[[Page 987]]

Convention on the Law of the Sea, and that are recognized by the United 
States.

[61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011]



Sec. 300.12  Issuing offices.

    Any Regional Administrator may issue permits required under this 
subpart. While applicants for permits may submit an application to any 
Regional Administrator, applicants are encouraged to submit their 
applications (with envelopes marked ``Attn: HSFCA Permits'') to the 
Regional Administrator with whom they normally interact on fisheries 
matters.



Sec. 300.13  Vessel permits.

    (a) Eligibility. (1) Any high seas fishing vessel of the United 
States is eligible to receive a permit under this subpart, unless the 
vessel was previously authorized to be used for fishing on the high seas 
by a foreign nation, and--
    (i) The foreign nation suspended such authorization, because the 
vessel undermined the effectiveness of international conservation and 
management measures, and the suspension has not expired; or
    (ii) The foreign nation, within the 3 years preceding application 
for a permit under this section, withdrew such authorization, because 
the vessel undermined the effectiveness of international conservation 
and management measures.
    (2) The restrictions in paragraphs (a)(1) (i) and (ii) of this 
section do not apply if ownership of the vessel has changed since the 
vessel undermined the effectiveness of international conservation and 
management measures, and the new owner has provided sufficient evidence 
to the Regional Administrator demonstrating that the owner and operator 
at the time the vessel undermined the effectiveness of such measures has 
no further legal, beneficial, or financial interest in, or control of, 
the vessel.
    (3) The restrictions in paragraphs (a)(1) (i) and (ii) of this 
section do not apply if it is determined by the Regional Administrator 
that issuing a permit would not subvert the purposes of the Agreement.
    (b) Application forms. The owner or operator of a high seas fishing 
vessel may apply for a permit under this subpart by completing an 
application form. Applicants may obtain an application form from a 
Regional Administrator.
    (c) Application information. An applicant must submit a complete and 
accurate permit application, signed by the owner or operator, to the 
appropriate Regional Administrator.
    (d) Fees. NMFS will charge a fee to recover the administrative 
expenses of permit issuance. The amount of the fee will be determined in 
accordance with the procedures of the NOAA Finance Handbook, available 
from a Regional Administrator, for determining administrative costs of 
each special product or service. The fee is specified with the 
application form. The appropriate fee must accompany each application. 
Failure to pay the fee will preclude issuance of the permit. Payment by 
a commercial instrument later determined to be insufficiently funded 
will invalidate any permit.
    (e) Issuance. (1) Except as provided in subpart D of 15 CFR part 
904, the Regional Administrator will issue a permit, which will include 
appropriate conditions or restrictions, within 30 days of receipt of a 
completed application and payment of the appropriate fee.
    (2) The Regional Administrator will notify the applicant of any 
deficiency in the application.
    (f) Validity. Permits issued under this subpart are valid for 5 
years from the date of issuance. Renewal of a permit prior to its 
expiration is the responsibility of the permit holder. For a permit to 
remain valid to its expiration date, the vessel's USCG documentation or 
state registration must be kept current. A permit issued under this 
subpart is void when the name of the owner or vessel changes, or in the 
event the vessel is no longer eligible for U.S. documentation, such 
documentation is revoked or denied, or the vessel is removed from such 
documentation.
    (g) Change in application information. Any changes in vessel 
documentation

[[Page 988]]

status or other permit application information must be reported to the 
Regional Administrator in writing within 15 days of such changes.
    (h) Transfer. A permit issued under this subpart is not transferable 
or assignable to another vessel or owner; it is valid only for the 
vessel and owner to which it is issued.
    (i) Display. A valid permit, or a copy thereof, issued under this 
subpart must be on board the vessel while operating on the high seas and 
available for inspection by an authorized officer. Faxed copies of 
permits are acceptable.

[61 FR 35550, July 5, 1996, as amended at 64 FR 15, Jan. 4, 1999]



Sec. 300.14  Vessel identification.

    (a) General. A vessel permitted under this subpart must be marked 
for identification purposes in accordance with this section.
    (b) Marking. Vessels must be marked either:
    (1) In accordance with vessel identification requirements specified 
in Federal fishery regulations issued under the Magnuson-Stevens Act or 
under other Federal fishery management statutes; or
    (2) In accordance with the following identification requirements:
    (i) A vessel must be marked with its IRCS if it has been assigned an 
IRCS. If an IRCS has not been assigned to the vessel, it must be marked 
(in order of priority) with its Federal, State, or other documentation 
number appearing on its high seas fishing permit and if a WCPFC Area 
Endorsement has been issued for the vessel under Sec. 300.212, that 
documentation number must be preceded by the characters ``USA'' and a 
hyphen (that is, ``USA-'').
    (ii) The markings must be displayed at all times on the vessel's 
side or superstructure, port and starboard, as well as on a deck;
    (iii) The markings must be placed so that they do not extend below 
the waterline, are not obscured by fishing gear, whether stowed or in 
use, and are clear of flow from scuppers or overboard discharges that 
might damage or discolor the markings;
    (iv) Block lettering and numbering must be used;
    (v) The height of the letters and numbers must be in proportion to 
the size of the vessel as follows: for vessels 25 meters (m) and over in 
length, the height of letters and numbers must be no less than 1.0 m; 
for vessels 20 m but less than 25 m in length, the height of letters and 
numbers must be no less than 0.8 m; for vessels 15 m but less than 20 m 
in length, the height of letters and numbers must be no less than 0.6 m; 
for vessels 12 m but less than 15 m in length, the height of letters and 
numbers must be no less than 0.4 m; for vessels 5 m but less than 12 m 
in length, the height of letters and numbers must be no less than 0.3 m; 
and for vessels under 5 m in length, the height of letters and numbers 
must be no less than 0.1 m;
    (vi) The height of the letters and numbers to be placed on decks 
must be no less than 0.3 m;
    (vii) The length of the hyphen(s), if any, must be half the height 
(h) of the letters and numbers;
    (viii) The width of the stroke for all letters, numbers, and hyphens 
must be h/6;
    (ix) The space between letters and/or numbers must not exceed h/4 
nor be less than h/6;
    (x) The space between adjacent letters having sloping sides must not 
exceed h/8 nor be less than h/10;
    (xi) The marks must be white on a black background, or black on a 
white background;
    (xii) The background must extend to provide a border around the mark 
of no less than h/6; and
    (xiii) The marks and the background must be maintained in good 
condition at all times.

[64 FR 15, Jan. 4, 1999, as amended at 75 FR 3347, Jan. 21, 2010]



Sec. 300.15  Prohibitions.

    In addition to the prohibitions in section 300.4, it is unlawful for 
any person to:
    (a) Use a high seas fishing vessel on the high seas in contravention 
of international conservation and management measures.
    (b) Use a high seas fishing vessel on the high seas, unless the 
vessel has on board a valid permit issued under section 300.13.

[[Page 989]]

    (c) Use a high seas fishing vessel on the high seas that is not 
marked in accordance with Sec. 300.14.

[61 FR 35550, July 5, 1996, as amended at 64 FR 15, Jan. 4, 1999]



Sec. 300.16  Penalties.

    (a) Any person, any high seas fishing vessel, the owner or operator 
of such vessel, or any person who has been issued or has applied for a 
permit, found to be in violation of the Act, this subpart, or any permit 
issued under this subpart will be subject to the civil and criminal 
penalty provisions, permit sanctions, and forfeiture provisions 
prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other 
applicable laws.
    (b) Permits under this subpart may be subject to permit sanctions 
prescribed by the Act, 15 CFR part 904 (Civil Procedures), and other 
applicable laws if any amount in settlement of a civil forfeiture 
imposed on a high seas fishing vessel or other property, or any civil 
penalty or criminal fine imposed on a high seas fishing vessel or on an 
owner or operator of such a vessel or on any other person who has been 
issued or has applied for a permit under any fishery resource statute 
enforced by the Secretary, has not been paid and is overdue.

[64 FR 15, Jan. 4, 1999]



Sec. 300.17  Reporting.

    (a) General. The operator of any vessel permitted under this subpart 
must report high seas catch and effort information to NMFS in a manner 
set by this section. Reports must include: identification information 
for vessel and operator; operator signature; crew size; whether an 
observer is aboard; target species; gear used; dates, times, locations, 
and conditions under which fishing was conducted; species and amounts of 
fish retained and discarded; and details of any interactions with sea 
turtles or birds.
    (b) Reporting options. (1) For the following fisheries, a permit 
holder must maintain and submit the listed reporting forms to the 
appropriate address and in accordance with the time limits required by 
the relevant regulations:
    (i) Antarctic--CCAMLR Logbook (50 CFR 300.107);
    (ii) Atlantic--Fishing Vessel Log Reports (50 CFR 648.7(b));
    (iii) Atlantic Pelagic Longline--Longline Logbook (50 CFR 630.5);
    (iv) Atlantic Purse Seine--Vessel Logbook (50 CFR 635.5);
    (v) Pacific Pelagic Longline Longline Logbook (Sec. 665.14(a) of 
this title);
    (vi) Eastern Pacific Purse Seine--IATTC Logbook (50 CFR 300.22); or
    (vii) Western Pacific Purse Seine--South Pacific Tuna Treaty Logbook 
(50 CFR 300.34).
    (2) For the albacore troll fisheries in the North and South Pacific, 
a permit holder must report high seas catch and effort by maintaining 
and submitting the log provided by the Regional Administrator, Southwest 
Region, NMFS.
    (3) For other fisheries, a permit holder must report high seas catch 
and effort by maintaining and submitting records, specific to the 
fishing gear being used, on forms provided by the Regional Administrator 
of the NMFS Region which issued the permit holder's HSFCA permit.
    (c) Confidentiality of statistics. Information submitted pursuant to 
this subpart will be treated in accordance with the provisions of 50 CFR 
part 600 of this title.

[64 FR 15, Jan. 4, 1999, as amended at 67 FR 64312, Oct. 18, 2002; 74 FR 
65479, Dec. 10, 2009]



                Subpart C_Eastern Pacific Tuna Fisheries

    Authority: 16 U.S.C. 951-961 et seq.



Sec. 300.20  Purpose and scope.

    The regulations in this subpart are issued under the authority of 
the Tuna Conventions Act of 1950 (Act). The regulations implement 
recommendations of the Inter-American Tropical Tuna Commission (IATTC) 
for the conservation and management of highly migratory fish resources 
in the Eastern Tropical Pacific Ocean so far as they affect vessels and 
persons subject to the jurisdiction of the United States.

[69 FR 67277, Nov. 17, 2004]

[[Page 990]]



Sec. 300.21  Definitions.

    In addition to the terms defined in Sec. 300.2, in the Act, and in 
the Convention for the Establishment of an Inter-American Tropical Tuna 
Commission (Convention), the terms used in this subpart have the 
following meanings. If a term is defined differently in Sec. 300.2, in 
the Act, or in the Convention, the definition in this section shall 
apply.
    Bigeye tuna means the species Thunnus obesus.
    Commercial passenger fishing vessel means any vessel licensed for 
commercial passenger fishing purposes within the State out of which it 
is operating and from which, while under charter or hire, persons are 
legally permitted to conduct sportfishing activities.
    Convention Area means the waters within the area bounded by the 
mainland of the Americas, lines extending westward from the mainland of 
the Americas along the 40[deg] N. lat. and 40[deg] S. lat., and 150[deg] 
W. long.
    Fish aggregating device (FAD) means a manmade raft or other floating 
object used to attract tuna and make them available to fishing vessels.
    Fishing trip means a period that a fishing vessel spends at sea 
between port visits and during which any fishing occurs.
    Fishing vessel means any vessel, boat, ship, or other craft that is 
used for, equipped to be used for, or of a type that is normally used 
for fishing or for assisting or supporting a vessel engaged in fishing, 
except purse seine skiffs.
    Floating object means any natural object or FAD around which fishing 
vessels may catch tuna.
    Incidental catch or incidental species means species caught while 
fishing with the primary purpose of catching a different species. An 
incidental catch is expressed as a percentage of the weight of the total 
fish on board.
    Land or Landing means to begin transfer of fish from a fishing 
vessel. Once transfer begins, all fish on board the vessel are counted 
as part of the landing.
    Longline gear means a type of fishing gear consisting of a main line 
that exceeds 1 nautical mile in length, is suspended horizontally in the 
water column anchored, floating, or attached to a vessel, and from which 
branch or dropper lines with hooks are attached.
    Observer means an individual placed aboard a fishing vessel under 
the IATTC observer program or any other international observer program 
in which the United States may participate.
    Regional Administrator means the Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 
90802-4213, or a designee.
    Regional Vessel Register (hereafter referred to as Vessel Register) 
means the regional register of vessels authorized to fish for tuna and 
tuna-like species in the Convention Area, as established by the Inter-
American Tropical Tuna Commission in June 2000.
    South Pacific Tuna Treaty means the Treaty on Fisheries Between the 
Governments of Certain Pacific Island States and the Government of the 
United States of America (50 CFR part 300, subpart D).
    Tender vessel means a vessel that does not engage in purse seine 
fishing but tends to FADs in support of tuna fishing operations.
    Transship means to unload fish from a vessel that caught fish to 
another vessel.
    Transshipment receiving vessel means any vessel, boat, ship, or 
other craft that is used to receive fish from a fishing vessel.
    Tuna means any fish of the genus Thunnus and the species Euthynnus 
(Katsuwonus) pelamis.

[61 FR 35550, July 5, 1996, as amended at 64 FR 29133, May 28, 1999; 64 
FR 44430, Aug. 16, 1999; 69 FR 67277, Nov. 17, 2004; 70 FR 19010, Apr. 
12, 2005; 74 FR 1618, Jan. 13, 2009; 74 FR 61050, Nov. 23, 2009; 76 FR 
287, Jan. 4, 2011]



Sec. 300.22  Eastern Pacific fisheries recordkeeping and written reports.

    (a) The master or other person in charge of a commercial fishing 
vessel or commercial passenger fishing vessel (CPFV) authorized to fish 
for tuna and tuna-like species in the Convention Area, or a person 
authorized in writing to serve as the agent for either person, must keep 
an accurate log of operations conducted from the fishing vessel. For 
vessels greater than 400 st (362.8 mt) carrying capacity that are

[[Page 991]]

authorized to purse seine for tuna in the Convention Area, the log must 
include for each day the date, noon position (stated in latitude and 
longitude or in relation to known physical features), and the tonnage of 
fish on board, by species. The record and bridge log maintained and 
submitted at the request of the IATTC shall be sufficient to comply with 
this paragraph, provided the items of information specified by the IATTC 
are accurately entered in the log. For purse seine vessels of 400 st 
(362.8 mt) carrying capacity or less and for non-purse seine vessels, 
maintaining and submitting any logbook required by existing state or 
federal regulation shall be sufficient to comply with this paragraph.
    (b) Vessel Register. The Vessel Register shall include, consistent 
with resolutions of the IATTC, all commercial fishing vessels and CPFVs 
authorized to fish for tuna and tuna-like species in the Convention 
Area. Except as provided under paragraph (b)(1) of this section, tuna 
purse seine vessels must be listed on the Vessel Register and 
categorized as active under paragraph (b)(4)(i) of this section in order 
to fish for tuna and tuna-like species in the Convention Area.
    (1) Exception. Once per year, a vessel that is licensed under the 
South Pacific Tuna Treaty may exercise an option to fish with purse 
seine gear to target tuna in the Convention Area without being listed on 
the Vessel Register, for a fishing trip that does not exceed 90 days in 
duration. No more than 32 of such trips are allowed each calendar year. 
After the commencement of the 32nd such trip, the Regional Administrator 
shall announce, in the Federal Register and by other appropriate means, 
that no more such trips are allowed for the remainder of the calendar 
year. Under Sec. 216.24(b)(6)(iii)(C) of this title, vessel assessment 
fees must be paid for vessels exercising this option.
    (2) Requirements for inclusion of purse seine vessels on the vessel 
register. The tuna purse seine portion of the Vessel Register shall 
include, consistent with resolutions of the IATTC, only vessels that 
fished in the Convention Area prior to June 28, 2002. Inclusion on the 
tuna purse seine portion of the Vessel Register is valid through 
December 31 of each year. New tuna purse seine vessels may be added to 
the Vessel Register at any time to replace those previously removed by 
the Regional Administrator, provided that the total capacity of the 
replacement vessel or vessels does not exceed that of the tuna purse 
seine vessel or vessels being replaced.
    (3) Vessel information. Information on each commercial fishing 
vessel or CPFV authorized to use purse seine, longline, drift gillnet, 
harpoon, troll, rod and reel, or pole and line fishing gear to fish for 
tuna and tuna-like species in the Convention Area for sale shall be 
collected by the Regional Administrator to conform to IATTC resolutions 
governing the Vessel Register. This information initially includes, but 
is not limited to, the vessel name and registration number; the name and 
business address of the owner(s) and managing owner(s); a photograph of 
the vessel with the registration number legible; previous vessel name(s) 
and previous flag (if known and if any); port of registry; International 
Radio Call Sign; vessel length, beam, and moulded depth; gross tonnage, 
fish hold capacity in cubic meters, and carrying capacity in metric tons 
and cubic meters; engine horsepower; date and place where built; and 
type of fishing method or methods used. The required information shall 
be collected as part of existing information collections as described in 
this and other parts of the CFR.
    (4) Purse seine vessel register status. For a purse seine vessel to 
be listed on the Vessel Register and to be categorized as either 
``active'' or ``inactive'' in the following calendar year, the vessel 
owner or managing owner must submit to the Regional Administrator the 
required permit applications, written notifications, and fees as 
described under Sec. 216.24(b) of this title and under paragraphs 
(b)(4)(i) and (b)(4)(iii) of this section.
    (i) Active status. As early as August 1 of each year, vessel owners 
or managing owners may request that a purse seine vessel qualified to be 
listed on the Vessel Register under paragraph (b)(2) of this section be 
categorized as active for the following calendar year.

[[Page 992]]

To request a purse seine vessel in excess of 400 st (362.8 mt) carrying 
capacity be listed on the Vessel Register and be categorized as active, 
the vessel owner or managing owner must submit to the Regional 
Administrator the vessel permit application and payment of the permit 
application fee and vessel assessment fee. To request a purse seine 
vessel of 400 st (362.8 mt) carrying capacity or less be listed on the 
Vessel Register and be categorized as active, the vessel owner or 
managing owner must submit to the Regional Administrator written 
notification including, but not limited to, a vessel photograph, the 
vessel information as described under paragraph (b)(3) of this section, 
and the owner or managing owner's signature and business telephone and 
fax numbers. If a purse seine vessel of 400 st (362.8 mt) carrying 
capacity or less is required by the Agreement on the IDCP to carry an 
observer, the vessel owner or managing owner must also submit payment of 
the vessel assessment fee to the Regional Administrator. Vessel permit 
applications and written notifications must be submitted by fax to (562) 
980-4047. The Regional Administrator must receive the vessel permit 
application or written notification and payment of the permit 
application fee and vessel assessment fee no later than September 15 for 
vessels for which a DML was requested for the following year and no 
later than November 30 for vessels for which a DML was not requested for 
the following year. Submission of the vessel permit application or 
written notification and payment of the vessel assessment fee and permit 
application fee will be interpreted by the Regional Administrator as a 
request for a vessel to be categorized as active. The following 
restrictions apply to active status:
    (A) The cumulative carrying capacity of all purse seine vessels 
categorized as active on the Vessel Register may not exceed 31,775 cubic 
meters in a given year;
    (B) A purse seine vessel may not be added to active status on the 
Vessel Register unless the captain of the vessel has obtained a valid 
operator permit under Sec. 216.24(b)(2) of this title;
    (C) Requests for active status will be prioritized according to the 
following hierarchy:
    (1) Requests received for vessels that were categorized as active in 
the previous year, unless the request for active status was determined 
to be frivolous by the Regional Administrator under paragraph (b)(4)(ii) 
of this section;
    (2) Requests received for vessels that were categorized as inactive 
under paragraph (b)(4)(iii) of this section in the previous year;
    (3) Requests for vessels not described in paragraphs (b)(4)(i)(C)(1) 
or (2) of this section will be prioritized on a first-come, first-served 
basis according to the date and time stamp printed by the incoming fax 
machine upon receipt, provided that the associated vessel assessment fee 
is paid by the applicable deadline described in Sec. 216.24(b)(6)(iii) 
of this title; and
    (4) Requests received from owners or managing owners of vessels that 
were determined by the Regional Administrator to have made a frivolous 
request for active status under paragraph (b)(4)(ii) of this section.
    (ii) Frivolous requests for active status. (A) Except as described 
under paragraph (b)(4)(ii)(B) of this section, requests for active 
status under paragraph (b)(4)(i) of this section will be considered 
frivolous if, for a vessel categorized as active in a given calendar 
year:
    (1) Less than 20 percent of the vessel's total landings, by weight, 
in that same year is comprised of tuna harvested by purse seine in the 
Convention Area; or
    (2) The vessel did not fish for tuna at all in the Convention Area 
in that same year.
    (B) Exceptions. Requests described under paragraph (b)(4)(ii)(A) of 
this section will not be considered frivolous requests if:
    (1) The vessel's catch pattern fell within the criteria described in 
pargraph (b)(4)(ii)(A) as a result of force majeure or other 
extraordinary circumstances as determined by the Regional Administrator; 
or
    (2) The vessel's carrying capacity is 400 st (362.8 mt) or less and 
landings of

[[Page 993]]

tuna caught by the vessel in the Convention Area comprise 50 percent or 
less of the vessel's total landings, by weight, for a given calendar 
year.
    (iii) Inactive status. From August 1 through November 30 of each 
year, vessel owners or managing owners may request that purse seine 
vessels qualified to be listed on the Vessel Register under paragraph 
(b)(2) of this section be categorized as inactive for the following 
calendar year. To request a purse seine vessel in excess of 400 st 
(362.8 mt) carrying capacity be listed on the Vessel Register and 
categorized as inactive for the following calendar year, the vessel 
owner or managing owner must submit to the Regional Administrator 
payment of the associated vessel assessment fee. Payment of the vessel 
assessment fee consistent with inactive status will be interpreted by 
the Regional Administrator as a request for the vessel to be categorized 
as inactive. To request a purse seine vessel of 400 st (362.8 mt) 
carrying capacity or less be listed on the Vessel Register and 
categorized as inactive for the following calendar year, the vessel 
owner or managing owner must submit by mail to the Regional 
Administrator a written notification including, but not limited to, the 
vessel name and registration number and the vessel owner or managing 
owner's name, signature, business address, and business telephone and 
fax numbers. Payment of the vessel assessment fee is not required for 
vessels of 400 st (362.8 mt) carrying capacity or less to be categorized 
as inactive. At any time during the year, a vessel owner or managing 
owner may request that a purse seine vessel qualified to be listed on 
the Vessel Register under paragraph (b)(2) of this section be 
categorized as inactive for the remainder of the calendar year. To 
request a purse seine vessel in excess of 400 st (362.8 mt) carrying 
capacity be listed on the Vessel Register and categorized as inactive 
for the remainder of the calendar year, the vessel owner or managing 
owner must submit to the Regional Administrator payment of the 
associated vessel assessment fee. To request a purse seine vessel of 400 
st (362.8 mt) carrying capacity or less be listed on the Vessel Register 
and categorized as inactive for the remainder of the calendar year, the 
vessel owner or managing owner must submit to the Regional Administrator 
written notification as described in this paragraph (payment of the 
vessel assessment fee is not required).
    (5) Removal from the vessel register. A vessel may be removed from 
the Vessel Register by the Regional Administrator:
    (i) If the vessel has sunk;
    (ii) Upon written request by the vessel's owner or managing owner;
    (iii) Following a final agency action on a permit sanction for a 
violation;
    (iv) For failure to pay a penalty or for default on a penalty 
payment agreement resulting from a final agency action for a violation;
    (v) If the U.S. Maritime Administration or the U.S. Coast Guard 
notifies NMFS that:
    (A) The owner has submitted an application for transfer of the 
vessel to foreign registry and flag; or
    (B) The documentation for the vessel will be or has been deleted for 
any reason.
    (vi) If the vessel does not have a valid state registration or U.S. 
Coast Guard certificate of documentation;
    (vii) For tuna purse seine vessels, upon receipt of written 
notification from the owner or managing owner of the intent to transfer 
the vessel to foreign registry and flag, as described in paragraph 
(b)(8) of this section; or
    (viii) For tuna purse seine vessels, if the request for active 
status on the Vessel Register has been determined to be a frivolous 
request.
    (6) Process for Removal from the Vessel Register. When a vessel is 
removed from the Vessel Register under paragraph (b)(5) of this section, 
the Regional Administrator shall promptly notify the vessel owner in 
writing of the removal and the reasons therefor. For a removal from the 
Vessel Register under Sec. 300.22(b)(5)(iii), the Regional 
Administrator will not accept a request to reinstate the vessel to the 
Vessel Register for the term of the permit sanction. For a removal from 
the Vessel Register under Sec. 300.22(b)(5)(iv), the Regional 
Administrator will not accept a request to reinstate the vessel to the 
Vessel Register until such time as payment is

[[Page 994]]

made on the penalty or penalty agreement, or such other duration as NOAA 
and the vessel owner may agree upon.
    (7) Procedures for replacing purse seine vessels removed from the 
Vessel Register.
    (i) A purse seine vessel in excess of 400 st (362.8 mt) carrying 
capacity that was previously listed on the Vessel Register, but not 
included for a given year or years, may be added back to the Vessel 
Register and categorized as inactive at any time during the year, 
provided the owner or managing owner of the vessel pays the vessel 
assessment fee associated with inactive status. A purse seine vessel of 
400 st (362.8 mt) carrying capacity or less that was previously listed 
on the Vessel Register, but not included for a given year or years, may 
be added back to the Vessel Register and categorized as inactive at any 
time during the year, provided the owner or managing owner of the vessel 
submits written notification as described in paragraph (b)(4)(iii) of 
this section.
    (ii) A purse seine vessel may be added to the Vessel Register and 
categorized as active in order to replace a vessel removed from active 
status under paragraph (b)(5) of this section, provided the total 
carrying capacity of the active vessels does not exceed 8,969 mt and the 
owner submits a complete request under paragraph (b)(7)(iv) or (b)(7)(v) 
of this section.
    (iii) After a purse seine vessel categorized as active is removed 
from the Vessel Register, the Regional Administrator will notify owners 
or managing owners of vessels categorized as inactive that replacement 
capacity is available on the active list of the Vessel Register. In the 
event that owners of inactive vessels do not request to replace a 
removed vessel, the Regional Administrator will notify owners of vessels 
eligible for, but not included on, the Vessel Register that replacement 
capacity is available on the active list of the Vessel Register.
    (iv) Vessel owners or managing owners may request a purse seine 
vessel of 400 st (362.8 mt) carrying capacity or less be categorized as 
active to replace a vessel or vessels removed from the Vessel Register 
by submitting to the Regional Administrator written notification as 
described in paragraph (b)(4)(i) of this section and, only if the vessel 
is required by the Agreement on the IDCP to carry an observer, payment 
of the vessel assessment fee within 10 business days after submission of 
the faxed written notification. The replacement vessel will be eligible 
to be categorized as active on the Vessel Register if it has a carrying 
capacity equal to or less than the vessel or vessels being replaced. 
Payments received will be subject to a 10 percent surcharge for vessels 
that were listed as active on the Vessel Register in the previous 
calendar year, but not listed as inactive at the beginning of the 
calendar year for which active status was requested.
    (v) Vessel owners or managing owners may request a purse seine 
vessel in excess of 400 st (362.8 mt) carrying capacity be categorized 
as active to replace a vessel or vessels removed from the Vessel 
Register by submitting to the Regional Administrator the vessel permit 
application as described under Sec. 216.24(b) of this title and payment 
of the vessel assessment fee and permit application fee within 10 
business days after submission of the faxed vessel permit application 
for the replacement vessel. The replacement vessel will be eligible to 
be categorized as active on the Vessel Register if it has a carrying 
capacity equal to or less than the vessel or vessels being replaced, and 
the captain of the replacement vessel possesses an operator permit under 
Sec. 216.24(b) of this title. Payments received will be subject to a 10 
percent surcharge for vessels that were listed as active on the Vessel 
Register in the previous calendar year, but not listed as inactive at 
the beginning of the calendar year for which active status was 
requested.
    (vi) The Regional Administrator will forward requests to replace 
vessels removed from the Vessel Register within 15 days of receiving 
each request.
    (8) The owner or managing owner of a purse seine vessel listed on 
the Vessel Register must provide written notification to the Regional 
Administrator prior to submitting an application for transfer of the 
vessel to foreign registry and flag. Written notification must be 
submitted by mail and received by the Regional Administrator

[[Page 995]]

at least 10 business days prior to submission of the application for 
transfer. The written notification must include the vessel name and 
registration number; the expected date that the application for transfer 
will be submitted; and the vessel owner or managing owner's name and 
signature. Vessels that require approval by the U.S. Maritime 
Administration prior to transfer of the vessel to foreign registry and 
flag will not be subject to the notification requirement described in 
this paragraph.

[61 FR 35550, July 5, 1996, as amended at 66 FR 49320, Sept. 27, 2001; 
70 FR 19010, Apr. 12, 2005; 74 FR 1618, Jan. 13, 2009; 76 FR 287, Jan. 
4, 2011]



Sec. 300.23  Eastern Pacific fisheries - Persons and vessels exempted.

    This subpart does not apply to:
    (a) Any person or vessel authorized by the IATTC, the Assistant 
Administrator, or any state of the United States to engage in fishing 
for research purposes.
    (b) Any person or vessel engaged in sport fishing for personal use.

[61 FR 35550, July 5, 1996, as amended at 74 FR 1620, Jan. 13, 2009]



Sec. 300.24  Prohibitions.

    In addition to the prohibitions in Sec. 300.4, it is unlawful for 
any person or vessel subject to the jurisdiction of the United States 
to:
    (a) Land any species of tuna during the closed season for that 
species in excess of the amount allowed by the Regional Administrator.
    (b) Fish on floating objects in the Convention Area using any gear 
type specified by the Regional Administrator's notification of closure 
issued under Sec. 300.25.
    (c) Use tender vessels in the Convention Area.
    (d) Transship purse seine-caught tuna at sea within the Convention 
Area.
    (e) Fail to retain any bigeye, skipjack, or yellowfin tuna caught by 
a fishing vessel of the United States of class size 4-6 using purse 
seine gear in the Convention Area, except fish considered unfit for 
human consumption due to reasons other than size, and except on the last 
set of the trip if there is insufficient well capacity to accommodate 
the entire catch.
    (f) When using purse seine gear to fish for tuna in the Convention 
Area, fail to release any non-tuna species as soon as practicable after 
being identified on board the vessel during the brailing operation.
    (g) Land any non-tuna fish species taken in a purse seine set in the 
Convention Area.
    (h) Fail to use the sea turtle handling, release, and resuscitation 
procedures in Sec. 300.25(e).
    (i) Fail to report information when requested by the Regional 
Administrator under Sec. 300.22.
    (j) Fail to provide written notification as described under Sec. 
300.22(b)(8) to the Regional Administrator at least 10 business days 
prior to submission of an application to transfer a purse seine vessel 
listed on the Vessel Register to foreign registry and flag, unless 
transfer of the vessel requires approval by the U.S. Maritime 
Administration.
    (k) Use a fishing vessel over 24 meters in length to retain on 
board, transship, or land bigeye tuna captured by longline gear in the 
Convention Area or to fish in contravention of Sec. 300.25(b)(4)(i) or 
(ii).
    (l) Use a fishing vessel over 24 meters in length to fish in the 
Pacific Ocean using longline gear both inside and outside the Convention 
Area on the same fishing trip in contravention of Sec. 
300.25(b)(4)(iii).
    (m) Fail to stow gear as required in Sec. 300.25(b)(4)(iv) or 
(f)(3).
    (n) Use a fishing vessel of class size 4-6 to fish with purse seine 
gear in the Convention Area in contravention of Sec. 300.25(f)(1) or 
(2).

[61 FR 35550, July 5, 1996, as amended at 64 FR 29133, May 28, 1999; 64 
FR 44430, Aug. 16, 1999; 66 FR 49320, Sept. 27, 2001. Redesignated and 
amended at 69 FR 67277, Nov. 17, 2004; 74 FR 1620, Jan. 13, 2009; 74 FR 
61051, Nov. 23, 2009]



Sec. 300.25  Eastern Pacific fisheries management.

    (a) Notification of IATTC recommendations and resolutions. Fishery 
management resolutions made by the IATTC and approved by the Department 
of State will be promulgated in the Federal Register via appropriate 
rulemaking. The publication in the Federal Register will summarize the

[[Page 996]]

fishery management resolutions and respond to any public comments 
received by NMFS.
    (b) Tuna quotas in the longline fishery in the EPO. (1) Fishing 
seasons for all tuna species begin on January 1 and end either on 
December 31 or when NMFS closes the fishery for a specific species.
    (2) For each of the calendar years 2009, 2010, and 2011, there is a 
limit of 500 metric tons of bigeye tuna that may be captured and landed 
by longline gear in the Convention Area by fishing vessels of the United 
States that are over 24 meters in length.
    (3) NMFS will monitor bigeye tuna landings with respect to the limit 
established under paragraph (b)(2) of this section using data submitted 
in logbooks and other available information. After NMFS determines that 
the limit in any year is expected to be reached by a specific future 
date, and at least 7 calendar days in advance of that date, NMFS will 
publish a notice in the Federal Register announcing that the limit has 
been reached and that the restrictions described in paragraph (b)(4) of 
this section will be in effect through the end of the calendar year.
    (4) Once an announcement is made pursuant to paragraph (b)(3) of 
this section, the following restrictions will apply during the period 
specified in the announcement:
    (i) A fishing vessel of the United States over 24 meters in length 
may not be used to retain on board, transship, or land bigeye tuna 
captured by longline gear in the Convention Area, except as follows:
    (A) Any bigeye tuna already on board a fishing vessel upon the 
effective date of the prohibitions may be retained on board, 
transshipped, and/or landed, to the extent authorized by applicable laws 
and regulations, provided that they are landed within 14 days after the 
prohibitions become effective.
    (B) In the case of a vessel that has declared to NMFS, pursuant to 
Sec. 665.23(a) of this title, that the current trip type is shallow-
setting, the 14-day limit is waived, but the number of bigeye tuna 
retained on board, transshipped, or landed must not exceed the number on 
board the vessel upon the effective date of the prohibitions, as 
recorded by the NMFS observer on board the vessel.
    (ii) Bigeye tuna caught by longline gear used on a vessel of the 
United States over 24 meters in length in the Convention Area may not be 
transshipped to a fishing vessel unless that fishing vessel is operated 
in compliance with a valid permit issued under Sec. 660.707 or Sec. 
665.21 of this title.
    (iii) A fishing vessel of the United States over 24 meters in 
length, other than a vessel for which a declaration has been made to 
NMFS, pursuant to Sec. 665.23(a) of this title, that the current trip 
type is shallow-setting, may not be used to fish in the Pacific Ocean 
using longline gear both inside and outside the Convention Area during 
the same fishing trip, with the exception of a fishing trip during which 
the prohibitions were put into effect as announced under paragraph 
(b)(3) of this section.
    (iv) If a fishing vessel of the United States over 24 meters in 
length, other than a vessel for which a declaration has been made to 
NMFS, pursuant to Sec. 665.23(a) of this title, that the current trip 
type is shallow-setting, is used to fish in the Pacific Ocean using 
longline gear outside the Convention Area and the vessel enters the 
Convention Area at any time during the same fishing trip, the longline 
gear on the fishing vessel must be stowed in a manner so as not to be 
readily available for fishing; specifically, the hooks, branch or 
dropper lines, and floats used to buoy the mainline must be stowed and 
not available for immediate use, and any power-operated mainline hauler 
on deck must be covered in such a manner that it is not readily 
available for use.
    (c) Use of tender vessels. No person subject to these regulations 
may use a tender vessel in the Convention Area.
    (d) Transshipments at sea. No person subject to these regulations 
may transship purse seine-caught tuna from one vessel to another vessel 
at sea within the Convention Area.
    (e) Bycatch reduction measures. (1) Bigeye, skipjack, and yellowfin 
tuna caught by a fishing vessel of the United States of class size 4-6 
(more than 182 metric tons carrying capacity) using purse seine gear 
must be retained on board and landed, except fish deemed

[[Page 997]]

unfit for human consumption for reasons other than size from 0000 hours 
on January 1, 2010 to 2400 hours on December 31, 2011. This requirement 
shall not apply to the last set of a trip if the available well capacity 
is insufficient to accommodate the entire catch.
    (2) All purse seine vessels must release all sharks, billfishes, 
rays, mahimahi (dorado), and other non-tuna fish species, except those 
being retained for consumption aboard the vessel, as soon as practicable 
after being identified on board the vessel during the brailing 
operation.
    (3) All purse seine vessels must apply special sea turtle handling 
and release procedures, as follows:
    (i) Whenever a sea turtle is sighted in the net, a speedboat shall 
be stationed close to the point where the net is lifted out of the water 
to assist in release of the turtle;
    (ii) If a turtle is entangled in the net, net roll shall stop as 
soon as the turtle comes out of the water and shall not resume until the 
turtle has been disentangled and released;
    (iii) If, in spite of the measures taken under paragraphs (e)(3)(i) 
and (ii) of this section, a turtle is accidentally brought onboard the 
vessel alive and active, the vessel's engine shall be disengaged and the 
turtle shall be released as quickly as practicable;
    (iv) If a turtle brought on board under paragraph (e)(3)(iii) of 
this section is alive but comatose or inactive, the resuscitation 
procedures described in Sec. 223.206(d)(1)(i)(B) of this title shall be 
used before release of the turtle.
    (f) Purse seine closures in the EPO. (1) A fishing vessel of the 
United States of class size 4-6 (more than 182 metric tons carrying 
capacity) may not be used to fish with purse seine gear in the 
Convention Area from 0000 hours on November 21, 2009, to 2400 hours on 
January 18, 2010; from 0000 hours on November 18, 2010, to 2400 hours on 
January 18, 2011; and from 0000 hours on November 7, 2011, to 2400 hours 
on January 18, 2012, except that a vessel of class size 4 (182 to 272 
metric tons carrying capacity) may make one fishing trip of up to 30 
days duration during the specified closure period, provided that the 
vessel carries an observer of the On-Board Observer Program of the 
Agreement on the International Dolphin Conservation Program during the 
entire fishing trip.
    (2) A fishing vessel of the United States of class size 4-6 (more 
than 182 metric tons carrying capacity) may not be used from 0000 hours 
on September 29 to 2400 hours on October 29 in the years 2010 or 2011 to 
fish with purse seine gear within the area bounded at the east and west 
by 96[deg] and 110[deg] W. longitude and bounded at the north and south 
by 4[deg] N. and 3[deg] S. latitude.
    (3) At all times while a vessel is in a Closed Area established 
under paragraphs (f)(1) or (f)(2) of this section, the fishing gear of 
the vessel shall be stowed in a manner as not to be readily available 
for fishing. In particular, the boom shall be lowered as far as possible 
so that the vessel cannot be used for fishing, but so that the skiff is 
accessible for use in emergency situations; the helicopter, if any shall 
be tied down; and launches shall be secured.

[64 FR 44431, Aug. 16, 1999, as amended at 66 FR 49320, Sept. 27, 2001. 
Redesignated at 69 FR 67277, Nov. 17, 2004; 74 FR 1620, Jan. 13, 2009; 
74 FR 61051, Nov. 23, 2009]



                 Subpart D_South Pacific Tuna Fisheries

    Authority: 16 U.S.C. 973-973r.



Sec. 300.30  Purpose and scope.

    This subpart implements the South Pacific Tuna Act of 1988 (Act) and 
the Treaty on Fisheries Between the Governments of Certain Pacific 
Island States and the Government of the United States of America 
(Treaty) and applies to persons and vessels subject to the jurisdiction 
of the United States.



Sec. 300.31  Definitions.

    In addition to the terms defined in Sec. 300.2, in the Act, and in 
the Treaty, and unless the context requires otherwise, the terms used in 
this subpart have the following meanings. If a term is defined 
differently in Sec. 300.2, the Act, or the Treaty, the definition in 
this section shall apply.
    Administrator means the individual or organization designated by the 
Pacific Island Parties to act on their behalf

[[Page 998]]

under the Treaty and notified to the United States.
    Applicable national law means any of the laws of Pacific Island 
Parties in the following table and any regulations or other instruments 
having the force of law implemented pursuant to these laws:

------------------------------------------------------------------------
         Pacific Island Party                         Laws
------------------------------------------------------------------------
AUSTRALIA                              Antarctic Marine Living Resources
                                        Conservation Act, 1981.
                                       Fisheries Management Act, 1991.
                                       Fisheries Administration Act,
                                        1991.
                                       Statutory Fishing Rights Charge
                                        Act, 1991.
                                       Fisheries Legislation
                                        (Consequential Provisions) Act,
                                        1991.
                                       Foreign Fishing Licences Levy
                                        Act, 1991.
                                       Fishing Levy Act, 1991.
                                       Fisheries Agreements (Payments)
                                        Act, 1991.
                                       Torres Strait Fisheries Act,
                                        1984.
                                       Whale Protection Act, 1980.
COOK ISLANDS                           Exclusive Economic Zone (Foreign
                                        Fishing Craft) Regulations,
                                        1979.
                                       Territorial Sea and Exclusive
                                        Economic Zone Act, 1977.
                                       Marine Resources Act, 1989.
FEDERATED STATES OF MICRONESIA         Titles 18 and 24 of the Code of
                                        the Federated States of
                                        Micronesia, as amended by Public
                                        Law Nos. 2-28, 2-31, 3-9, 3-10,
                                        3-34, and 3-80.
FIJI                                   Fisheries Act (Cap. 158).
                                       Fisheries Regulations (Cap. 158).
                                       Marine Spaces Act (Cap. 158A).
                                       Marine Spaces (Foreign Fishing
                                        Vessels) Regulations, 1979.
KIRIBATI                               Fisheries Ordinance, 1979.
                                       Fisheries (Amendment) Act, 1984.
                                       Marine Zones (Declaration) Act,
                                        1983.
                                       Fisheries (Pacific Island States'
                                        Treaty with the United States)
                                        Act 1988.
MARSHALL ISLANDS                       Title 33, Marine Resources Act,
                                        as amended by P.L. 1989-56, P.L.
                                        1991-43, and P.L. 1992-25 of the
                                        Marshall Islands Revised Code.
NAURU                                  Interpretation Act, 1971.
                                       Interpretation Act (Amendment)
                                        Act No. 1 1975.
                                       Interpretation Act (Amendment)
                                        Act No. 2 1975.
                                       Marine Resources Act, 1978.
NEW ZEALAND                            Antarctic Marine Living Resources
                                        Act, 1981.
                                       Continental Shelf Act, 1964.
                                       Conservation Act, 1987.
                                       Driftnet Prohibition Act, 1991.
                                       Exclusive Economic Zone (Foreign
                                        Fishing Craft) Regulations,
                                        1978.
                                       Fishing Industry Board Act, 1963.
                                       Fisheries Act, 1983.
                                       Marine Mammals Protection Act,
                                        1978.
                                       Marine Reserves Act, 1971.
                                       Marine Pollution Act, 1974.
                                       Meat Act, 1964.
                                       Territorial Sea and Exclusive
                                        Economic Zone Act, 1977.
                                       Tokelau (Territorial Sea and
                                        Exclusive Economic Zone) Act,
                                        1977.
                                       Submarine Cables and Pipelines
                                        Protection Act, 1966.
                                       Sugar Loaf Islands Marine
                                        Protected Area Act, 1991.
                                       Wildlife Act, 1953.
NIUE                                   Niue Fish Protection Ordinance
                                        1965.
                                       Sunday Fishing Prohibition Act
                                        1980.
                                       Territorial Sea and Exclusive
                                        Economic Zone Act 1978.
PALAU                                  Palau National Code, Title 27.
PAPUA NEW GUINEA                       Fisheries Act (Cap 214).
                                       Fisheries Regulations (Cap 214).
                                       Fisheries (Torres Strait
                                        Protected Zone) Act, 1984.
                                       National Seas Act (Cap 361).
                                       Tuna Resources Management Act
                                        (Cap 224).
                                       Whaling Act (Cap 225).
SOLOMON ISLANDS                        Delimitation of Marine Waters
                                        Act, 1978.
                                       Fisheries Act, 1972.
                                       Fisheries Limits Act, 1977.
                                       Fisheries Regulations, 1972.
                                       Fisheries (Foreign Fishing
                                        Vessels) Regulations, 1981.
                                       Fisheries (United States of
                                        America) (Treaty) Act 1988.
TONGA                                  Fisheries Act, 1989.
TUVALU                                 Fisheries Act (Cap 45).
                                       Fisheries (Foreign Fishing
                                        Vessel) Regulations, 1982.
                                       Marine Zones (Declaration) Act,
                                        1983.
                                       Foreign Fishing Vessels Licensing
                                        (US Treaty) Order 1987.

[[Page 999]]

 
VANUATU                                Fisheries Act 1982 (Cap 158).
                                       Fisheries Regulations, 1983.
                                       Maritime Zones Act 1981 (Cap
                                        138).
SAMOA                                  Exclusive Economic Zone Act,
                                        1977.
                                       Territorial Sea Act, 1971.
                                       Fisheries Act, 1988.
------------------------------------------------------------------------

    Authorized inspector means any individual authorized by a Pacific 
Island Party or the Secretary to conduct inspections, to remove samples 
of fish and to gather any other information relating to fisheries in the 
Licensing Area.
    Authorized officer means any officer who is authorized by the 
Secretary, or the Secretary of Transportation, or the head of any 
Federal or state agency that has entered into an enforcement agreement 
with the Secretary under section 10(a) of the Act.
    Authorized party officer means any officer authorized by a Pacific 
Island Party to enforce the provisions of the Treaty.
    Closed area means any of the areas in the following table, as 
depicted on charts provided by the Regional Administrator and as further 
described in additional information that may be provided by the Regional 
Administrator:

------------------------------------------------------------------------
         Pacific Island Party                         Area
------------------------------------------------------------------------
AUSTRALIA                              All waters within the seaward
                                        boundary of the Australian
                                        Fishing Zone (AFZ) west of a
                                        line connecting the point of
                                        intersection of the outer limit
                                        of the AFZ by the parallel of
                                        latitude 25[deg] 30[min] South
                                        with the point of intersection
                                        of the meridian of longitude
                                        151[deg] East by the outer limit
                                        of the AFZ and all waters south
                                        of the parallel of latitude
                                        25[deg] 30[min] South.
COOK ISLANDS                           Territorial Sea.
FEDERATED STATES OF MICRONESIA         Three nautical mile territorial
                                        sea and nine nautical mile
                                        exclusive fishery zone and on
                                        all named banks and reefs as
                                        depicted on the following
                                        charts:
                                       DMAHTC NO 81019 (2nd. ed., Mar.
                                        1945; revised 7/17/72; corrected
                                        through NM 3/78 of 21 June
                                        1978).
                                       DMAHTC NO 81023 (3rd. ed., 7 Aug.
                                        1976).
                                       DMAHTC NO 81002 (4th. ed., 26
                                        Jan. 1980; corrected through NM
                                        4/80).
FIJI                                   Internal waters, archipelagic
                                        waters and territorial seas of
                                        Fiji and Rotuma and its
                                        Dependencies.
KIRIBATI                               Within archipelagic waters as
                                        established in accordance with
                                        Marine Zones (Declaration) Act
                                        1983; within 12 nautical miles
                                        drawn from the baselines from
                                        which the territorial seas is
                                        measured; and within 2 nautical
                                        miles of any anchored fish
                                        aggregating device within the
                                        Kiribati exclusive economic zone
                                        for which notification of its
                                        location shall be given by
                                        geographical coordinates.
MARSHALL ISLANDS                       12 nautical mile territorial sea
                                        and area within two nautical
                                        miles of any anchored fish
                                        aggregating device within the
                                        Marshall Islands exclusive
                                        economic zone for which
                                        notification of its location
                                        shall be given by geographical
                                        coordinates.
NAURU                                  The territorial waters as defined
                                        by Nauru Interpretation Act,
                                        1971, Section 2.
NEW ZEALAND                            Territorial waters; waters within
                                        6 nautical miles of outer
                                        boundary of territorial waters;
                                        all waters to west of New
                                        Zealand main islands and south
                                        of 39[deg] South latitude; all
                                        waters to east of New Zealand
                                        main islands south of 40[deg]
                                        South latitude; and in respect
                                        of Tokelau: areas within 12
                                        nautical miles of all island and
                                        reef baselines; twelve and one
                                        half nautical miles either side
                                        of a line joining Atafu and
                                        Nukunonu and Faka'ofo; and
                                        coordinates as follows:
                                       Atafu: 8[deg]35[min]10[sec] S,
                                        172[deg]29[min]30[sec] W
                                       Nukunonu: 9[deg]06[min]25[sec] S,
                                        171[deg]52[min]10[sec] W
                                        9[deg]11[min]30[sec] S,
                                        171[deg]47[min]00[sec] W
                                       Faka'ofo: 9[deg]22[min]30[sec] S,
                                        171[deg]16[min]30[sec] W
NIUE                                   Territorial sea and within 3
                                        nautical miles of Beveridge
                                        Reef, Antiope Reef and Haran
                                        Reef as depicted by appropriate
                                        symbols on NZ 225F (chart
                                        showing the territorial sea and
                                        exclusive economic zone of Niue
                                        pursuant to the Niue Territorial
                                        Sea and Exclusive Economic Zone
                                        Act of 1978).
PALAU                                  Within 12 nautical miles of all
                                        island baselines in the Palau
                                        Islands; and the area:
                                       commencing at the north-
                                        easternmost intersection of the
                                        outer limit of the 12 nautical
                                        mile territorial sea of Palau by
                                        the arc of a circle having a
                                        radius of 50 nautical miles and
                                        its center at Latitude
                                        07[deg]16[min]34[sec] North,
                                        longitude 134[deg]28[min]25[sec]
                                        East, being at about the center
                                        of the reef entrance to Malakal
                                        Pass; running thence generally
                                        south-easterly, southerly, south-
                                        westerly, westerly, north-
                                        westerly, northerly and north-
                                        easterly along that arc to its
                                        intersection by the outer limit
                                        of the 12 nautical mile
                                        territorial sea; and thence
                                        generally northerly, north-
                                        easterly, easterly, south-
                                        easterly and southerly along
                                        that outer limit to the point of
                                        commencement.

[[Page 1000]]

 
                                       Where for the purpose of these
                                        specifications it is necessary
                                        to determine the position on the
                                        surface of the Earth of a point,
                                        line or area, it shall be
                                        determined by reference to the
                                        World Geodetic System 1984; that
                                        is to say, by reference to a
                                        spheroid having its center at
                                        the center of the Earth and a
                                        major (equatorial) radius of
                                        6,378,137 meters and a
                                        flattening of 1/298.2572.
PAPUA NEW GUINEA                       All territorial seas,
                                        archipelagic and internal
                                        waters.
SOLOMON ISLANDS                        All internal waters, territorial
                                        seas and archipelagic waters;
                                        and such additional waters
                                        around the main group
                                        archipelago, as defined under
                                        the Delimitation of Marine
                                        Waters Act 1978, not exceeding
                                        sixty nautical miles.
TONGA                                  All waters with depths of not
                                        more than 1,000 meters, within
                                        the area bounded by the
                                        fifteenth and twenty third and
                                        one half degrees of south
                                        latitudes and the one hundred
                                        and seventy third and the one
                                        hundred and seventy seventh
                                        degrees of west longitudes; also
                                        within a radius of twelve
                                        nautical miles from the islands
                                        of Teleki Tonga and Teleki
                                        Tokelau.
TUVALU                                 Territorial sea and waters within
                                        two nautical miles of all named
                                        banks, that is Macaw, Kosciusko,
                                        Rose, Bayonnaise and Hera, in
                                        Tuvalu exclusive economic zone,
                                        as depicted on the chart
                                        entitled ``Tuvalu Fishery
                                        Limits'' prepared by the United
                                        Kingdom Hydrographic Department,
                                        Taunton, January 11, 1981.
VANUATU                                Archipelagic waters and the
                                        territorial sea, and internal
                                        waters.
SAMOA                                  Territorial sea; reefs, banks and
                                        sea-mounts and within 2 nautical
                                        miles of any anchored fish
                                        aggregating device within the
                                        Samoa exclusive economic zone
                                        for which notification of its
                                        location shall be given by
                                        geographical coordinates.
------------------------------------------------------------------------

    FFA Vessel Register means the registry of fishing vessels maintained 
by the FFA, comprising those vessels which are in good standing and 
licensed to fish in the waters of FFA member countries, including those 
vessels licensed under Sec. 300.32.
    Fishing means searching for, catching, taking, or harvesting fish; 
attempting to search for, catch, take, or harvest fish; engaging in any 
other activity that can reasonably be expected to result in the 
locating, catching, taking, or harvesting of fish; placing, searching 
for, or recovering fish aggregating devices or associated electronic 
equipment such as radio beacons; any operations at sea directly in 
support of, or in preparation for, any activity described in this 
paragraph; or aircraft use, relating to the activities described in this 
definition, except for flights in emergencies involving the health or 
safety of crew members or the safety of a vessel.
    Fishing arrangement means an arrangement between a Pacific Island 
Party and the owner of a U.S. fishing vessel that complies with section 
6(b) of the Act.
    Fishing vessel or vessel means any boat, ship, or other craft that 
is used for, equipped to be used for, or of a type normally used for 
commercial fishing, and that is documented under the laws of the United 
States.
    Licensing Area means all waters in the Treaty Area except for:
    (1) Those waters subject to the jurisdiction of the United States in 
accordance with international law.
    (2) Those waters within closed areas.
    (3) Those waters within limited areas closed to fishing.
    Licensing period means the period of validity of licenses issued in 
accordance with the Treaty.
    Operator means any person who is in charge of, directs or controls a 
vessel, including the owner, charterer and master.
    Pacific Island Party means a Pacific island nation that is a party 
to the Treaty.
    Pacific Islands Forum Fisheries Agency or FFA means the organization 
established by the 1979 South Pacific Forum Fisheries Agency Convention.
    Regional Administrator means the Regional Administrator, Pacific 
Islands Region, NMFS, 1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 
96814, facsimile: 808-973-2941, or a designee.
    State means each of the several States of the United States, the 
District of Columbia, the Commonwealths of Puerto Rico and the Northern 
Mariana Islands, American Samoa, the Virgin Islands, Guam, and any other 
commonwealth, territory, or possession of the United States.
    Transship means to unload any or all of the fish on board a licensed 
vessel either ashore or onto another vessel.

[[Page 1001]]

    Treaty Area means all waters north of 60[deg] S. lat. and east of 
90[deg] E. long., subject to the fisheries jurisdiction of Pacific 
Island Parties, and all other waters within rhumb lines connecting the 
following points, except for waters subject to the jurisdiction in 
accordance with international law of a State which is not a party to the 
Treaty:

------------------------------------------------------------------------
       Point                Latitude                  Longitude
------------------------------------------------------------------------
A                    2[deg]35[min]39[Sec. 141[deg]00[min]00[sec] E
                      S
B                    1[deg]01[min]35[Sec. 140[deg]48[min]35[sec] E
                      N
C                    1[deg]01[min]35[Sec. 129[deg]30[min]00[sec] E
                      N
D                    10[deg]00[min]00[Sec. 129[deg]30[min]00[sec] E
                      N
E                    14[deg]00[min]00[Sec. 140[deg]00[min]00[sec] E
                      N
F                    14[deg]00[min]00[Sec. 142[deg]00[min]00[sec] E
                      N
G                    12[deg]30[min]00[Sec. 142[deg]00[min]00[sec] E
                      N
H                    12[deg]30[min]00[Sec. 158[deg]00[min]00[sec] E
                      N
I                    15[deg]00[min]00[Sec. 158[deg]00[min]00[sec] E
                      N
J                    15[deg]00[min]00[Sec. 165[deg]00[min]00[sec] E
                      N
K                    18[deg]00[min]00[Sec. 165[deg]00[min]00[sec] E
                      N
L                    18[deg]00[min]00[Sec. 174[deg]00[min]00[sec] E
                      N
M                    12[deg]00[min]00[Sec. 174[deg]00[min]00[sec] E
                      N
N                    12[deg]00[min]00[Sec. 176[deg]00[min]00[sec] E
                      N
O                    5[deg]00[min]00[Sec. 176[deg]00[min]00[sec] E
                      N
P                    1[deg]00[min]00[Sec. 180[deg]00[min]00[sec]
                      N
Q                    1[deg]00[min]00[Sec. 164[deg]00[min]00[sec] W
                      N
R                    8[deg]00[min]00[Sec. 164[deg]00[min]00[sec] W
                      N
S                    8[deg]00[min]00[Sec. 158[deg]00[min]00[sec] W
                      N
T                    0[deg]00[min]00[Sec. 150[deg]00[min]00[sec] W
U                    6[deg]00[min]00[Sec. 150[deg]00[min]00[sec] W
                      S
V                    6[deg]00[min]00[Sec. 146[deg]00[min]00[sec] W
                      S
W                    12[deg]00[min]00[Sec. 146[deg]00[min]00[sec] W
                      S
X                    26[deg]00[min]00[Sec. 157[deg]00[min]00[sec] W
                      S
Y                    26[deg]00[min]00[Sec. 174[deg]00[min]00[sec] W
                      S
Z                    40[deg]00[min]00[Sec. 174[deg]00[min]00[sec] W
                      S
AA                   40[deg]00[min]00[Sec. 171[deg]00[min]00[sec] W
                      S
AB                   46[deg]00[min]00[Sec. 171[deg]00[min]00[sec] W
                      S
AC                   55[deg]00[min]00[Sec. 180[deg]00[min]00[sec]
                      S
AD                   59[deg]00[min]00[Sec. 160[deg]00[min]00[sec] E
                      S
AE                   59[deg]00[min]00[Sec. 152[deg]00[min]00[sec] E and
                      S                      north along the 152 degrees
                                             of East longitude until
                                             intersecting the Australian
                                             200-nautical-mile limit.
------------------------------------------------------------------------

    UTC means Universal Coordinated Time.
    Vessel Monitoring System Unit or VMS unit, sometimes known as a 
``mobile transmitting unit,'' means Administrator-approved and NMFS-
approved VMS unit hardware and software that is installed on a vessel 
pursuant to Sec. 300.45. The VMS units are a component of the regional 
vessel monitoring system administered by the FFA, as well as of the 
vessel monitoring system administered by NMFS, and as such are used to 
transmit information between the vessel and the Administrator and NMFS 
and/or other reporting points designated by NMFS.

[61 FR 35550, July 5, 1996, as amended at 72 FR 6149, Feb. 9, 2007; 75 
FR 74643, Dec. 1, 2010]



Sec. 300.32  Vessel licenses.

    (a) Each vessel fishing in the Licensing Area must have a license 
issued by the Administrator for the licensing period being fished, 
unless exempted by Sec. 300.39. Each licensing period begins on June 15 
and ends on June 14 of the following year.
    (b) Upon receipt, the license or a copy or facsimile thereof must be 
carried on board the vessel when in the Licensing Area or Closed Areas, 
and must be produced at the request of authorized officers, authorized 
party officers, or authorized inspectors. A vessel may be used to fish 
in the Licensing Area if the license has been issued but not yet 
received, provided that the license number is available on board.
    (c) The total number of licenses that may be issued and valid at any 
point in time is 45, five of which shall be reserved for fishing vessels 
of the United States engaged in joint venture arrangements.
    (1) For the purpose of this section, the licenses reserved for 
vessels engaged in joint venture arrangements are referred to as ``joint 
venture licenses,'' and the remaining licenses are referred to as 
``general licenses.''
    (2) A joint venture arrangement is one in which the subject vessel 
and its operators are engaged in fishing-related activities designed to 
maximize the benefits generated for the Pacific Island Parties from the 
operations of fishing vessels licensed pursuant to the Treaty, as 
determined by the Administrator. Such activities can include the use of 
canning, transshipment, vessel slipping and repair facilities located in 
the Pacific Island Parties; the purchase of equipment and supplies, 
including fuel supplies, from suppliers located in the Pacific Island 
Parties; and the employment of nationals of the Pacific Island Parties 
on board such vessels.
    (d) Licenses are issued by the Administrator. The Administrator will 
issue licenses only for applications that have been approved by the 
Regional Administrator. The Regional Administrator's approval is 
indicated by the signature of the Regional Administrator on the part of 
the application form labeled ``Schedule 1.'' Upon approval by the 
Regional Administrator of a license application, the complete 
application will

[[Page 1002]]

be forwarded to the Administrator for consideration. Except as provided 
in paragraph (n) of this section, prior to approving license 
applications for a given licensing period, the Regional Administrator 
will issue pre-approvals of license applications that serve the purpose 
of temporarily reserving approvals up until the time complete 
applications are due to be received by the Regional Administrator.
    (e) The Regional Administrator, in his or her sole discretion, may 
approve fewer license applications than there are licenses available for 
any given licensing period or at any given time.
    (f) A pre-approval or approval issued by the Regional Administrator 
pursuant to this section:
    (1) Shall not confer any right of compensation to the recipient of 
such pre-approval or approval;
    (2) Shall not create, or be construed to create, any right, title, 
or interest in or to a license or any fish; and
    (3) Shall be considered a grant of permission to the recipient of 
the pre-approval or approval to proceed with the process of seeking a 
license from the Administrator.
    (g) A pre-approval or approval issued by the Regional Administrator 
pursuant to this section is subject to being rescinded at any time if 
the Regional Administrator determines that an administrative error has 
been made in its granting, false information has been provided by the 
applicant, circumstances have changed such that the information provided 
by the applicant is no longer accurate, true or valid, or if the 
applicant or vessel no longer meets the requirements for licensing under 
this subpart or under the Act or other applicable law. NMFS will notify 
the applicant of its rescission of a pre-approval or approval within 14 
days of the rescission. In the event that the Regional Administrator 
rescinds an approval after the license has been issued, NMFS will notify 
the Administrator of such, and request that the Administrator 
immediately revoke the license.
    (h) Application process for general licenses. (1) A vessel operator 
who satisfies the requirements for licensing under the Act and under 
this subpart may apply for a general license.
    (2) In order for a general license to be issued for a vessel, an 
applicant must submit a complete application to, and obtain an 
application approval from, the Regional Administrator.
    (3) Except for the 2011-2012 licensing period, prior to submitting a 
complete application, an applicant may request pre-approval of an 
application by the Regional Administrator by submitting an expression of 
interest. A pre-approval of an application establishes that the 
applicant is eligible to be considered for one of the available licenses 
following timely submission of a complete application. Although 
submission of an expression of interest is entirely voluntary, 
applications that have not been pre-approved might not be eligible for 
approval if the number of applications exceeds the number of available 
licenses for a given licensing period. A pre-approval will be deemed to 
be void if the applicant fails to submit a complete application by the 
date established in paragraph (h)(6) of this section.
    (4) Except as provided in paragraph (n) of this section, in order to 
obtain a pre-approval for a given licensing period, either an expression 
of interest or a complete application must be submitted to and received 
by the Regional Administrator no later than June 1st of the year 
preceding the year in which the licensing period begins.
    (5) An expression of interest must include the information listed 
below, which may be submitted by electronic or hard-copy correspondence 
following instructions provided by the Regional Administrator.
    (i) If the expression of interest is for a vessel for which, as of 
the June 1st due date for submitting such expression of interest, NMFS 
has issued an application approval for the licensing period that starts 
that year (i.e., a renewal of the license is being sought), the 
expression of interest shall include:
    (A) The licensing period for which the license is being sought.
    (B) The current name, IRCS, and annual USCG Certificate of 
Documentation number of the vessel.
    (ii) For all other expressions of interest that do not meet the 
criteria in paragraph (h)(5)(i) of this section, the expression of 
interest shall include:

[[Page 1003]]

    (A) The licensing period for which the license is being sought.
    (B) The full name and address of each person who is, or who is 
anticipated to be, an operator of the vessel for which a license is 
sought, and for each such person, a statement of whether the person is, 
or is anticipated to be, owner, charterer, and/or master of the vessel.
    (C) A statement of whether or not the vessel to be licensed is 
known, and if it is known, the current name, IRCS, and annual USCG 
Certificate of Documentation number, if any, of the vessel.
    (D) A copy of the vessel's current USCG Certificate of 
Documentation. If the vessel has not been issued such a document, then a 
statement of whether application has been or will be made for a USCG 
Certificate of Documentation, including identification of all 
endorsements sought in such application.
    (E) If the vessel is known, a list of the licensing periods, if any, 
during which a license for the vessel was issued under this section.
    (F) If the vessel is known, a statement of the total amount, in 
metric tons, of any tuna species landed or transshipped from the vessel 
at United States ports, including ports located in any of the States, 
for each of the calendar years 1988 through the current year.
    (6) A complete application for a given licensing period may be 
submitted to the Regional Administrator at any time up to May 15th 
within the licensing period, but in order to be considered for approval 
in the event that more applications are received by the Regional 
Administrator than there are licenses available, a complete application 
must be received by the Regional Administrator as follows:
    (i) No later than February 5th of the year in which the licensing 
period begins; or
    (ii) If a pre-approval of the application was issued in accordance 
with paragraphs (k)(8) or (k)(9) of this section, not later than the 
date specified by NMFS in the notification of such pre-approval (which 
will be calculated by NMFS to be no later than 194 days from the date of 
mailing of the notification of the pre-approval).
    (7) License application forms, which include the ``Schedule 1'' form 
and the FFA Vessel Register application form, are available from the 
Regional Administrator. The complete application must be received by the 
Regional Administrator as specified in paragraph (h)(6) of this section. 
An application shall not be complete, and shall not be subject to 
processing, unless it contains all of the information specified on the 
``Schedule 1'' form and all the items listed in paragraphs (h)(7)(i) 
through (h)(7)(x) of this section, as follows:
    (i) The licensing period for which the license is requested.
    (ii) The name of an agent, located in Port Moresby, Papua New 
Guinea, who, on behalf of the license holder, will receive and respond 
to any legal process issued in accordance with the Treaty.
    (iii) Documentation from an insurance company showing that the 
vessel will be fully insured for the licensing period against all risks 
and liabilities normally covered by maritime liability insurance.
    (iv) If the owner or charterer is the subject of proceedings under 
the bankruptcy laws of the United States, a statement that the owner or 
charterer will be financially able to fulfill any and all 
responsibilities under the Treaty, Act, and regulations, including the 
payment of any penalties or fines.
    (v) A copy of the vessel's current annual USCG Certificate of 
Documentation.
    (vi) Electronic versions of full color photographs of the vessel in 
its current form and appearance, including a bow-to-stern side-view 
photograph of the vessel that clearly and legibly shows the vessel 
markings, and a photograph of every area of the vessel that is marked 
with the IRCS assigned to the vessel.
    (vii) A schematic stowage/well plan for the vessel.
    (viii) A copy of the VMS unit installation certificate, issued by 
the Administrator-authorized person who installed the VMS unit, for the 
VMS unit installed on the vessel in accordance with Sec. 300.45.
    (ix) An FFA Vessel Register application form that includes all the 
applicable information specified in the form.

[[Page 1004]]

    (x) In the case of an application for a vessel that does not meet 
the criteria in paragraph (h)(5)(i) of this section, any information 
under paragraph (h)(5)(ii) of this section that has not already been 
provided or that has changed since it was previously submitted.
    (i) Application process for joint venture licenses. (1) A vessel 
operator who satisfies the requirements for licensing under the Act and 
under this subpart may apply for a joint venture license.
    (2) The applicant, in coordination with one or more Pacific Island 
Parties, shall contact the Administrator to determine the specific 
information and documents that are required by the Administrator in 
order to obtain an initial approval from the Administrator for a joint 
venture license. The applicant shall submit such required information 
and documents directly to the Administrator. Once an initial approval is 
obtained from the Administrator, the applicant shall submit a complete 
application package, as described in paragraph (h)(7) of this section, 
to the Regional Administrator, along with dated documentation of the 
Administrator's initial approval, and a letter or other documentation 
from the relevant national authority or authorities of the Pacific 
Island Party or Parties identifying the joint venture partner or 
partners and indicating the Party's or Parties' approval of the joint 
venture arrangement and its or their concurrence that a joint venture 
license may be issued for the vessel.
    (j) Appeals--(1) Eligibility. Any applicant who is denied a pre-
approval or an approval under this section may appeal the denial. The 
appeal must be made in writing and must clearly state the basis for the 
appeal and the nature of the relief that is requested. The appeal must 
be received by the Regional Administrator not later than 14 days after 
the date that the notice of denial is postmarked.
    (2) Appeal review. Upon receipt of an appeal, the Regional 
Administrator will appoint a designee who will review the basis of the 
appeal and issue an initial written decision. The written decision will 
be mailed to the applicant within 30 days of receipt of the appeal. If 
the appellant does not request a review within 10 days of mailing of the 
initial decision, the initial decision is the final administrative 
action of the Department of Commerce. If, within 10 days of mailing of 
the initial decision, the Regional Administrator receives from the 
appellant a written request for review of the initial decision, the 
Assistant Administrator or a designee will review the basis of the 
appeal and issue a final written decision. The final decision will be 
made within 30 days of receipt of the request for review of the initial 
decision. The decision of the Assistant Administrator or designee 
constitutes the final administrative action of the Department of 
Commerce.
    (k) Procedures used by the Secretary to review and process 
applications for general licenses. The procedures in this paragraph 
apply to the process used by NMFS, on behalf of the Secretary and in 
consultation with the Secretary of State, to review expressions of 
interest and complete applications, and to approve applications. For the 
purpose of this section, NMFS' approval of an application means the 
signing by the Regional Administrator of the ``Schedule 1'' part of the 
application form, indicating that the application is complete and that 
it meets the requirements of the Act and of this subpart for forwarding 
to the Administrator. For the purpose of this section, NMFS' pre-
approval of an application means that the Regional Administrator has 
initially determined that the applicant is eligible for a general 
license, but that the application has not yet been approved for 
forwarding to the Administrator.
    (1) NMFS will pre-approve no more applications for a given licensing 
period than there are licenses available for that licensing period. A 
pre-approval will be deemed to be void if the applicant fails to submit 
a complete application by the date established in paragraph (h)(6) of 
this section.
    (2) NMFS will approve no more applications for a given licensing 
period than there are licenses available for that licensing period.
    (3) NMFS will not approve a license application if it determines 
that:
    (i) The application is not in accord with the Treaty, Act, or 
regulations;

[[Page 1005]]

    (ii) The owner or charterer is the subject of proceedings under the 
bankruptcy laws of the United States, and reasonable financial 
assurances have not been provided to the Secretary that the owner or 
charterer will be financially able to fulfill any and all 
responsibilities under the Treaty, Act, and regulations, including the 
payment of any penalties or fines;
    (iii) The owner or charterer has not established to the satisfaction 
of the Secretary that the vessel will be fully insured for the licensing 
period against all risks and liabilities normally covered by maritime 
liability insurance; or
    (iv) The owner or charterer has not paid any final penalty assessed 
by the Secretary in accordance with the Act.
    (4) Except as provided in paragraph (n) of this section, no later 
than July 16th of each year, NMFS will pre-approve applications from 
among the expressions of interest and complete applications that were 
received by June 1st of the current year for the licensing period that 
starts the following year as provided in this paragraph. If the number 
of expressions of interest and complete applications does not exceed the 
number of licenses available, all applications that meet the 
requirements of paragraphs (h)(4) and (h)(5) of this section and that 
satisfy the relevant requirements for licensing under the Act and this 
subpart will be pre-approved. If the number of expressions of interest 
and complete applications exceeds the number of licenses available, 
those that meet the requirements of paragraphs (h)(4) and (h)(5) of this 
section and that satisfy the relevant requirements for licensing under 
the Act and this subpart will be prioritized for pre-approval as 
follows:
    (i) First priority will be given to expressions of interest and 
complete applications for vessels for which, as of June 1st of that 
year, application approvals have been issued by NMFS for the licensing 
period that starts that year (i.e., anticipated license renewal 
applications), provided that such vessels continue to satisfy the 
requirements for licensing under the Act and this subpart, and provided 
such vessels have no unsatisfied civil penalties or fines assessed by 
the Secretary under the Act that have become final.
    (ii) Second priority will be given to expressions of interest and 
complete applications scored using the following system, in descending 
order of the sum of the points assigned:
    (A) 15 points will be assigned for a vessel that has been issued, or 
will be issued by the date complete applications are due to be received 
by the Regional Administrator under paragraph (h)(6) of this section, a 
valid USCG Certificate of Documentation with a fishery endorsement.
    (B) 1 point will be assigned for each licensing period, starting 
with the 1988-1989 licensing period, in which a license had been issued 
for the vessel pursuant to the Act, for a total of no more than 10 
points.
    (C) 1 point will be assigned for each calendar year in which at 
least 3,000 metric tons of fish were landed or transshipped from the 
vessel in United States ports, including ports located in any of the 
States, as determined by the Regional Administrator. The applicable 
period shall run from 1988 through the last calendar year prior to the 
year in which the applied-for licensing period starts, and the total 
number of points assigned shall be no more than 5.
    (D) In the event that two or more vessels receive the same sum 
number of points under paragraphs (k)(4)(ii)(A) through (k)(4)(ii)(C) of 
this section, priority will be given to the vessel from which the 
greatest amount of fish, by weight, was landed or transshipped in United 
States ports, including ports located in any of the States, starting in 
calendar year 1988 and ending in the year prior to the year in which the 
applied-for licensing period starts, as determined by the Regional 
Administrator. In the event that that does not resolve the tie, priority 
will be given by lottery, which will be conducted by the Regional 
Administrator.
    (5) Except as provided in paragraph (n) of this section, no later 
than July 26th of each year, NMFS will send notifications by mail to all 
applicants that submitted expressions of interest or complete 
applications by June 1st of that year, indicating whether their 
applications (for the licensing period that

[[Page 1006]]

starts the following year) have been pre-approved.
    (6) No later than March 7th of each year, NMFS will approve 
applications (for the licensing period that starts that year) that 
satisfy all of the following conditions:
    (i) The application was pre-approved;
    (ii) The information associated with the application has not changed 
since the point of pre-approval in a way such that pre-approval would 
not have been made using the updated information;
    (iii) The complete application was received by February 5th of the 
same year; and
    (iv) The applicant satisfies the requirements for licensing under 
the Act and this subpart.
    (7) No later than March 17th of each year, NMFS will notify all 
applicants (for the licensing period that starts that year) who 
submitted complete applications by February 5th of that year, whether 
their applications have been approved under paragraph (k)(6) of this 
section, and in cases where they have not, whether their applications 
are being considered for approval under paragraph (k)(8) of this 
section.
    (8) In the event that additional licenses for a given licensing 
period are available after issuing the approvals under paragraph (k)(6) 
of this section, NMFS will, after final administrative action by the 
Department of Commerce on any appeals made under paragraph (j) of this 
section, do the following:
    (i) If the number of outstanding expressions of interest (i.e., 
expressions of interest that have not been pre-approved) received by 
June 1st of the year preceding the year in which the licensing period 
begins, plus the number of outstanding complete applications (i.e., 
complete applications that have not been approved) received by February 
5th of the year in which the licensing period begins, exceeds the number 
of licenses available, NMFS will review all such outstanding expressions 
of interest and complete applications and apply the process described in 
paragraphs (k)(9)(i)(A) through (k)(9)(i)(C) of this section to pre-
approve and approve applications from among that pool of applicants;
    (ii) If the number of outstanding expressions of interest received 
by June 1st of the year preceding the year in which the licensing period 
begins, plus the number of outstanding complete applications received by 
February 5th of the year in which the licensing period begins, does not 
exceed the number of licenses available:
    (A) No later than June 15th of the year in which the licensing 
period begins, NMFS will pre-approve all such outstanding expressions of 
interest and complete applications that satisfy the relevant 
requirements for licensing under the Act and this subpart;
    (B) No later than June 25th of the year in which the licensing 
period begins, NMFS will notify all such outstanding applicants of the 
pre-approvals, and for those applicants that submitted expressions of 
interest but not complete applications, also notify them of the date by 
which a complete application must be received in order to be issued an 
application approval (which will be calculated by NMFS to be no later 
than 194 days from the date of mailing of the notification of the pre-
approval);
    (C) NMFS will review all complete applications received by the 
required date from applicants pre-approved under paragraph (8)(ii)(A) of 
this section, and within 30 days of such receipt, approve the 
application, if and as appropriate and if the applicant satisfies the 
requirements for licensing under the Act and this subpart; and
    (D) If and as long as the number of approvals plus outstanding (not 
voided) pre-approvals does not exceed the total number of licenses 
available under paragraph (c) of this section, NMFS will review all 
complete applications received after February 5th of the year in which 
the licensing period begins and before May 16th within the licensing 
period and, as they are received and in the order they are received 
(based on the day of receipt), will approve those applications that 
satisfy the requirements for licensing under the Act and this subpart 
until no more approvals are available. In the event that two or more 
complete applications are received on the same day, priority for 
approval will be given by lottery, which will be conducted by the 
Regional Administrator.

[[Page 1007]]

    (iii) Within 10 days of approving an application, NMFS will notify 
the applicant.
    (9) If a license or application approval that has been issued for a 
given licensing period becomes available before or during that licensing 
period, NMFS will do the following:
    (i) If there are any outstanding expressions of interest received by 
June 1st of the year preceding the year in which the licensing period 
begins or outstanding complete applications received by February 5th of 
the year in which the licensing period begins, NMFS will review all such 
outstanding expressions of interest and complete applications and pre-
approve and approve applications for that license from among that pool 
as follows:
    (A) Within 45 days of NMFS becoming aware of the availability of the 
license, NMFS will pre-approve an application using the prioritization 
criteria and point-assigning system described in paragraphs (k)(4)(i) 
and (k)(4)(ii) of this section;
    (B) Within 55 days of NMFS becoming aware of the availability of the 
license NMFS will notify all active applicants as to whether their 
applications have been pre-approved, and for those applications that 
have been pre-approved, notify each applicant of the date by which a 
complete application, if not already received, must be received (which 
will be calculated by NMFS to be no later than 194 days from the date of 
mailing of the notification of the pre-approval); and
    (C) Within 30 days of receiving a complete application that had been 
pre-approved, NMFS will approve the application, if and as appropriate 
and if the applicant satisfies the requirements of this subpart.
    (ii) If there are no outstanding expressions of interest received by 
June 1st of the year preceding the year in which the licensing period 
begins and no outstanding complete applications received by February 5th 
of the year in which the licensing period begins, if and as long as the 
number of approvals plus outstanding (not voided) pre-approvals does not 
exceed the number of licenses available, NMFS will review all complete 
applications received after February 5th of the year in which the 
licensing period begins and before May 16th within the licensing period 
and, in the order they are received (based on the day of receipt), will 
approve those applications that satisfy the requirements for licensing 
under the Act and this subpart until no more approvals are available. In 
the event that two or more complete applications are received on the 
same day, priority for approval will be given by lottery, which will be 
conducted by the Regional Administrator.
    (iii) Within 10 days of approving an application, NMFS will notify 
the applicant.
    (l) Procedures used by the Secretary to review and process 
applications for joint venture licenses. NMFS, on behalf of the 
Secretary and in consultation with the Secretary of State, will review 
and approve applications for joint venture licenses as described in 
paragraph (k) of this section for general licenses, except that NMFS 
will not consider expressions of interest for joint venture licenses or 
pre-approve applications for joint venture licenses. In the event that 
NMFS receives for a given licensing period more applications for joint 
venture licenses than there are licenses available, it will approve the 
applications in the chronological order that the Administrator has 
provided its initial approval.
    (m) Transferability of application approvals. Application approvals 
from NMFS are not transferable among vessel owners or operators or 
license applicants. Application approvals are transferable among 
vessels, subject to the following requirements:
    (1) A vessel operator may seek to transfer a general or joint 
venture license to another vessel that meets the requirements for 
licensing under this subpart and the Act, only if the license has been 
valid for the vessel for at least 365 consecutive days and all the fees 
required by the Administrator for the current licensing period have been 
paid to the Administrator. The vessel operator may seek to transfer the 
license by submitting a written request to the Regional Administrator 
along with a complete application for the other vessel as described in 
paragraph (h)(7) of this section. Any such transfer may be subject to 
additional fees for

[[Page 1008]]

the registration of the vessel on the FFA Vessel Register, as specified 
in paragraph (b) of Sec. 300.45.
    (2) Upon receipt of a request and complete application under 
paragraph (m)(1) of this section, the Regional Administrator, after 
determining that all the fees required for the vessel by the 
Administrator for the current licensing period have been paid, that the 
ownership of the licensed vessel and the ownership of the vessel to 
which the application approval would be transferred are identical, and 
that the transferee vessel meets the requirements for licensing under 
this subpart and the Act, will approve the application and notify the 
applicant of such within 10 days of the determination.
    (3) If a licensed vessel is lost or destroyed, and the operators of 
the vessel apply for a license for another vessel for the licensing 
period during which the vessel was lost, or for either of the two 
subsequent licensing periods, NMFS will consider the replacement vessel 
to have the license application approval status and history of the lost 
or destroyed vessel for the purpose of applying the prioritization 
criteria of paragraph (k)(4) of this section, provided that the 
ownership of the lost or destroyed vessel and the ownership of the 
replacement vessel, as determined by the Regional Administrator, are 
identical, and the replacement vessel meets the requirements for 
licensing under this subpart and the Act.
    (n) Procedures for 2011-2012 licensing period. For the licensing 
period that starts June 15, 2011, and for that licensing period only, 
pre-approvals may not be sought and will not be issued by NMFS. NMFS 
will rank order those applications received by February 5, 2011, for the 
2011-2012 licensing period by applying the criteria in paragraphs 
(k)(4)(i) and (k)(4)(ii) of this section, except that in lieu of using 
the criteria in (k)(4)(i), first priority will be given to applications 
for vessels that as of February 5, 2011, have valid licenses for the 
2010-2011 licensing period.

[75 FR 74644, Dec. 1, 2010]



Sec. 300.33  Compliance with applicable national laws.

    The operator of the vessel shall comply with each of the applicable 
national laws, and the operator of the vessel shall be responsible for 
the compliance by the vessel and its crew with each of the applicable 
national laws, and the vessel shall be operated in accordance with those 
laws.



Sec. 300.34  Reporting requirements.

    (a) Holders of licenses issued under Sec. 300.32 shall comply with 
the reporting requirements of this section with respect to the licensed 
vessels.
    (b) Any information required to be recorded, or to be notified, 
communicated or reported pursuant to a requirement of these regulations, 
the Act, or the Treaty shall be true, complete and correct. Any change 
in circumstances that has the effect of rendering any of the information 
provided false, incomplete or misleading shall be communicated 
immediately to the Regional Administrator.
    (c) The operator of any vessel licensed under Sec. 300.32 must 
prepare and submit accurate, complete, and timely notifications, 
requests, and reports with respect to the licensed vessel, as described 
in paragraphs (c)(1) through (10) of this section.
    (1) Catch report forms. A record of catch, effort and other 
information must be maintained on board the vessel, on catch report 
forms (also known as ``Regional Purse Seine Logsheets'', or RPLs) 
provided by the Regional Administrator. At the end of each day that the 
vessel is in the Licensing Area, all information specified on the form 
must, for that day, be recorded on the form. The completed catch report 
form must be mailed by registered airmail to the Administrator within 14 
days of the vessel's next entry into port for the purpose of unloading 
its fish catch. A copy of the completed catch report form must also be 
submitted to, and received by, the Regional Administrator within 2 days 
of the vessel reaching port.
    (2) Unloading and transshipment logsheet forms. At the completion of 
any unloading or transshipment of fish from the vessel, all the 
information specified on unloading and transshipment logsheet forms 
provided by the Regional Administrator must, for that unloading or 
transshipment, be recorded on such forms. A separate form

[[Page 1009]]

must be completed for each fish processing destination to which the 
unloaded or transshipped fish are bound. The completed unloading and 
transshipment logsheet form or forms must be mailed by registered 
airmail to the Administrator within 14 days of the completion of the 
unloading or transshipment. The submitted form must be accompanied by a 
report or reports of the size breakdown of the catch as determined by 
the receiver or receivers of the fish, and such report must be signed by 
the receiver or receivers. A copy of the completed unloading and 
transshipment logsheet, including a copy of the accompanying report or 
reports of the size breakdown of the catch as determined by the receiver 
or receivers of the fish, must also be submitted to, and received by, 
the Regional Administrator within 2 days of the completion of the 
unloading or transshipment.
    (3) Port departure reports. Before the vessel's departure from port 
for the purpose of beginning a fishing trip in the Licensing Area, a 
report must be submitted to the Administrator by telex, transmission via 
VMS unit, facsimile, or e-mail that includes the following information: 
Report type (``LBEG''); Regional Register number; trip begin date; date 
and time (in UTC) of report; IRCS; port name; weight of catch on board 
(in metric tons) for each of skipjack tuna, yellowfin tuna, and all 
other species combined; intended action; and estimated date of 
departure. This information must be reported in the format provided by 
the Regional Administrator.
    (4) Entry into port for unloading reports. At least 24 hours before 
the vessel's entry into port for the purpose of unloading fish from any 
trip involving fishing within the Licensing Area, a report must be 
submitted to the Administrator by telex, transmission via VMS unit, 
facsimile, or e-mail that includes the following information: Report 
type (``LFIN''); FFA Regional Register number; trip begin date; date and 
time (in UTC) of report; IRCS; port name; weight of catch on board (in 
metric tons) for each of skipjack tuna, yellowfin tuna, and all other 
species combined; intended action; and estimated date and time (in UTC) 
of entry into port. This information must be reported in the format 
provided by the Regional Administrator.
    (5) Intent to transship notification and request. At least 48 hours 
before transshipping any or all of the fish on board the vessel, a 
notification must be submitted to the Administrator and a request must 
be submitted to the Pacific Island Party in whose jurisdiction the 
transshipment is requested to occur. The notification to the 
Administrator and the request to the Pacific Island Party may be 
identical. The notification and request must include the following 
information: Name of vessel; IRCS; vessel position (latitude and 
longitude to nearest minute of arc); weight of catch on board the vessel 
(in metric tons) for each of skipjack tuna, yellowfin tuna, and all 
other species combined; and the date, time (in UTC), and location where 
such transshipment is requested to occur. The notification to the 
Administrator must be reported in the format provided by the Regional 
Administrator and submitted by telex, transmission by VMS unit, 
facsimile, or e-mail. The request to the Pacific Island Party must be 
reported in the format provided by the Regional Administrator and sent 
via the means and to the address provided by the Regional Administrator.
    (6) Zone entry and exit reports. Each time the vessel enters or 
exits the waters under the jurisdiction of a Pacific Island Party, a 
report must be submitted to that Pacific Island Party that includes the 
following information: Report type (``ZENT'' for entry or ``ZEXT'' for 
exit); FFA Regional Register number; trip begin date; date and time (in 
UTC) of the entry or exit; IRCS; vessel position (latitude and longitude 
to nearest minute of arc); weight of catch on board (in metric tons) for 
each of skipjack tuna, yellowfin tuna, and all other species combined; 
and intended action. This information must be reported in the format 
provided by the Regional Administrator and sent via the means and to the 
address provided by the Regional Administrator.
    (7) Weekly reports. Each Wednesday while the vessel is within the 
waters under the jurisdiction of a Pacific Island Party, a report must 
be submitted

[[Page 1010]]

to that Pacific Island Party that includes the following information: 
Report type (``WEEK''); FFA Regional Register number; trip begin date; 
date and time (in UTC) of report; IRCS; vessel position (latitude and 
longitude to nearest minute of arc); weight of catch on board (in metric 
tons) for each of skipjack tuna, yellowfin tuna, and all other species 
combined; intended action; and whether or not there is a vessel observer 
on board (``Y'' or ``N''). This information must be reported in the 
format provided by the Regional Administrator and sent via the means and 
to the address provided by the Regional Administrator.
    (8) Port entry reports. At least 24 hours before the vessel's entry 
into port of any Pacific Island Party, a report must be submitted to 
that Pacific Island Party that includes the following information: 
Report type (``PENT''); FFA Regional Register number; trip begin date; 
date and time (in UTC) of report; IRCS; vessel position (latitude and 
longitude to nearest minute of arc); weight of catch on board (in metric 
tons) for each of skipjack tuna, yellowfin tuna, and all other species 
combined; estimated time (in UTC) of entry into port; port name; and 
intended action. This information must be reported in the format 
provided by the Regional Administrator and sent via the means and to the 
address provided by the Regional Administrator.
    (9) Transshipment reports. Upon completion of transshipment of any 
or all of the fish on board the vessel, a report must be submitted to 
the Administrator and to the Pacific Island Party in whose jurisdiction 
the transshipment occurred. The report must include the following 
information: Report type (``TRANS''); FFA Regional Register number; trip 
begin date; date and time (in UTC) of the transshipment; IRCS; vessel 
position at time of transshipment (latitude and longitude to nearest 
minute of arc); amount of fish transshipped (in metric tons) for each of 
skipjack tuna, yellowfin tuna, and all other species combined; name of 
vessel to which the fish were transshipped; and the destination of the 
transshipped fish. The report to the Administrator must be reported in 
the format provided by the Regional Administrator and submitted by 
telex, transmission by VMS unit, facsimile, or e-mail. The report to the 
Pacific Island Party must be reported in the format provided by the 
Regional Administrator and sent via the means and to the address 
provided by the Regional Administrator.
    (10) Other reports and notifications to Pacific Island Parties. 
Reports and notifications must be submitted to the relevant Pacific 
Island Parties in each of the circumstances and in the manner described 
in the subparagraphs of this paragraph. Unless otherwise indicated in 
this paragraph, the reports must be prepared in the format provided by 
the Regional Administrator and sent via the means and to the address 
provided by the Regional Administrator.
    (i) Australia. (A) Each day while the vessel is within the 
Australian Fishing Zone, a report must be submitted that includes the 
following information: Vessel position (latitude and longitude to 
nearest minute of arc); and the amount of catch made during the previous 
day, by species.
    (B) At least 24 hours before entering the Australian Fishing Zone, a 
notification must be submitted that indicates an intent to enter the 
Australian Fishing Zone.
    (ii) Fiji. (A) Each day while the vessel is in Fiji fisheries 
waters, a report must be submitted that includes the following 
information: vessel name; IRCS; country of registration of the vessel; 
and vessel position at the time of the report (latitude and longitude to 
nearest minute of arc).
    (B) Each week while the vessel is in Fiji fisheries waters, a report 
must be submitted that includes the amount of the catch made during the 
preceding week, by species.
    (iii) Kiribati. (A) At least 24 hours before entering a Closed Area 
under the jurisdiction of Kiribati, a notification must be submitted 
that includes the following information: vessel name; IRCS; vessel 
position at the time of the report (latitude and longitude to nearest 
minute of arc); the reason for entering the Closed Area; and the 
estimated time (in UTC) of entry into the Closed Area (latitude and 
longitude to nearest minute of arc).

[[Page 1011]]

    (B) Immediately upon entry into or exit from a Closed Area under the 
jurisdiction of Kiribati, a report must be submitted that includes the 
following information: report type (``CAENT'' for entry or ``CAEXT'' for 
exit); the number of the vessel's license issued under Sec. 300.32; 
IRCS; date and time (in UTC) of the report; vessel position (latitude 
and longitude to nearest minute of arc); amount of the catch on board 
the vessel, by species; and status of the boom (``up'' or ``down''), net 
(``deployed'' or ``stowed''), and skiff (``deployed'' or ``stowed'').
    (C) At least 24 hours prior to fueling the vessel from a tanker in 
the area of jurisdiction of Kiribati, a report must be submitted that 
includes the following information: report type (``SBUNK''); the number 
of the vessel's license issued under Sec. 300.32; IRCS; trip start 
date; name of port from which trip started; amount of the catch on board 
the vessel, by species; estimated time of bunkering; estimated position 
of bunkering (latitude and longitude to nearest minute of arc); and name 
of tanker.
    (D) After fueling the vessel from a tanker in the area of 
jurisdiction of Kiribati, but no later than 12 noon local time on the 
following day, a report must be submitted that includes the following 
information: report type (``FBUNK''); the number of the vessel's license 
issued under Sec. 300.32; IRCS; start time of bunkering; end time of 
bunkering; amount of fuel received, in kiloliters; and name of tanker.
    (iv) New Zealand. (A) At least 24 hours before entering the 
exclusive economic zone of New Zealand, a notification must be submitted 
that includes the following information: name of vessel; IRCS; position 
of point of entry into the exclusive economic zone of New Zealand 
(latitude and longitude to nearest minute of arc); amount of catch on 
board the vessel, by species; and condition of the catch on board the 
vessel (``fresh'' or ``frozen'').
    (B) For each day that the vessel is in the exclusive economic zone 
of New Zealand, a notification must be submitted no later than noon of 
the following day of the vessel's position (latitude and longitude to 
nearest minute of arc) at noon.
    (C) For each week or portion thereof that the vessel is in the 
exclusive economic zone of New Zealand, a report that covers the period 
from 12:01 a.m. on Monday to 12 midnight on the following Sunday must be 
submitted and received by noon of the following Wednesday (local time). 
The report must include the amount of the catch taken in the exclusive 
economic zone of New Zealand during the reporting period.
    (D) At least 10 days prior to an intended transshipment in an area 
under the jurisdiction of New Zealand, a notification must be submitted 
that includes the intended port, date, and time of transshipment.
    (E) At least 24 hours prior to exiting the exclusive economic zone 
of New Zealand, a notification must be submitted that includes the 
following information: position of the intended point of exit (latitude 
and longitude to nearest minute of arc); the amount of catch on board 
the vessel, by species; and condition of the catch on board the vessel 
(``fresh'' or ``frozen'').
    (v) Solomon Islands. (A) At least 24 hours prior to entry into 
Solomon Islands Fisheries Limits, a report must be submitted that 
includes the following information: expected vessel position (latitude 
and longitude to nearest minute of arc) and expected date and time of 
entry.
    (B) For each week or portion thereof that the vessel is in the 
exclusive economic zone of Solomon Islands, a report that covers the 
period from 12:01 a.m. on Monday to 12 midnight on the following Sunday 
must be submitted and received by noon of the following Tuesday (local 
time). The report must include the amount of the catch taken and the 
number of fishing days spent in the exclusive economic zone of Solomon 
Islands during the reporting period.
    (vi) Tonga. (A) Each day while the vessel is in the exclusive 
economic zone of Tonga, a report must be submitted that includes the 
vessel's position (latitude and longitude to nearest minute of arc).
    (B) [Reserved]
    (vii) Tuvalu. (A) At least 24 hours prior to entering Tuvalu fishery 
limits,

[[Page 1012]]

a report must be submitted that includes the following information: 
vessel name; IRCS; country of registration of the vessel; the number of 
the vessel's license issued under Sec. 300.32; intended vessel position 
(latitude and longitude to nearest minute of arc) at entry; and amount 
of catch on board the vessel, by species.
    (B) Every seventh day that the vessel is in Tuvalu fishery limits, a 
report must be submitted that includes vessel position (latitude and 
longitude to nearest minute of arc) and the total amount of catch on 
board the vessel.
    (C) Immediately upon exit from Tuvalu fishery limits, a notification 
must be submitted that includes vessel position (latitude and longitude 
to nearest minute of arc) and the total amount of catch on board the 
vessel.

[72 FR 6151, Feb. 9, 2007]



Sec. 300.35  Vessel and gear identification.

    While a vessel is in the Licensing Area, a Limited Area closed to 
fishing, or a Closed Area, a recent and up-to-date copy of the 
International Code of Signals (INTERCO) shall be on board and accessible 
at all times. The operator shall comply with the 1989 Food and 
Agricultural Organization standard specifications for the marking and 
identification of fishing vessels. The international radio call sign of 
the vessel shall be painted in white on a black background, or in black 
on a white background, and be clear, distinct, and uncovered, in the 
following manner:
    (a) On both sides of the vessel's hull or superstructure, with each 
letter and number being at least 1 m high and having a stroke width of 
16.7 cm, with the background extending to provide a border around the 
mark of not less than 16.7 cm.
    (b) On the vessel's deck, on the body of any helicopter and on the 
hull of any skiff, with each letter and number being at least 30 cm 
high, and having a stroke width of 5 cm with the background extending to 
provide a border around the mark of not less than 5 cm.
    (c) On any other equipment being carried by and intended to be 
separated from the vessel during normal fishing operations, with each 
letter and number being at least 10 cm high and having a stroke width of 
1.7 cm, with the background extending to provide a border around the 
mark of not less than 1.7 cm.



Sec. 300.36  Closed area stowage requirements.

    At all times while a vessel is in a Closed Area, the fishing gear of 
the vessel shall be stowed in a manner as not to be readily available 
for fishing. In particular, the boom shall be lowered as far as possible 
so that the vessel cannot be used for fishing, but so that the skiff is 
accessible for use in emergency situations; the helicopter, if any shall 
be tied down; and launches shall be secured.



Sec. 300.37  Radio monitoring.

    The international distress frequency, 2.182 mHz, and 156.8 mHz 
(Channel 16, VHF) shall be monitored continuously from the vessel for 
the purpose of facilitating communication with the fisheries management, 
surveillance and enforcement authorities of the Parties.



Sec. 300.38  Prohibitions.

    (a) Except as provided for in Sec. 300.39, in addition to the 
prohibitions in Sec. 300.4, it is unlawful for any person subject to 
the jurisdiction of the United States to do any of the following:
    (1) To violate the Act or any provision of any regulation or order 
issued pursuant to Act.
    (2) To use a vessel for fishing in violation of an applicable 
national law.
    (3) To violate the terms and conditions of any fishing arrangement 
to which that person is a party.
    (4) To use a vessel for fishing in any Closed Area.
    (5) To refuse to permit any authorized officer or authorized party 
officer to board a fishing vessel for purpose of conducting a search or 
inspection in connection with the enforcement of the Act or the Treaty.
    (6) To refuse to comply with the instructions of an authorized 
officer or authorized party officer relating to fishing activities under 
the Treaty.
    (7) To refuse to permit an authorized inspector full access to any 
place where fish taken in the Licensing Area is unloaded.

[[Page 1013]]

    (8) To refuse to allow an authorized inspector to remove samples of 
fish from a vessel that fished in the Licensing Area.
    (9) To forcibly assault, resist, oppose, impede, intimidate, or 
interfere with:
    (i) Any authorized officer, authorized party officer or authorized 
inspector in the conduct of a search or inspection in connection with 
the enforcement of these regulations, the Act or the Treaty; or
    (ii) An observer in the conduct of observer duties under the Treaty.
    (10) To transship fish on board a vessel that fished in the 
Licensing Area, except in accordance with the requirements of Sec. 
300.46.
    (11) To fail to have installed, allow to be programmed, carry, or 
have operational a VMS unit while in the Treaty Area as specified in 
Sec. 300.45(a).
    (12) To fail to activate a VMS unit, to interrupt, interfere with, 
or impede the operation of a VMS unit, to tamper with, alter, damage, or 
disable a VMS unit, or to move or remove a VMS unit without prior 
notification as specified in Sec. 300.45(e).
    (13) In the event of a VMS unit failure or breakdown or interruption 
of automatic position reporting in the Treaty Area, to fail to submit 
manual position reports as specified in Sec. 300.45(f).
    (14) In the event of a VMS unit failure or breakdown or interruption 
of automatic position reporting in the Treaty Area and if directed by 
the Administrator or an authorized officer, to fail to stow fishing gear 
or take the vessel to a designated port as specified in Sec. 300.45(f).
    (15) To fail to repair or replace a VMS unit as specified in Sec. 
300.45(h).
    (b) Except as provided for in Sec. 300.39, it is unlawful for any 
person subject to the jurisdiction of the United States when in the 
Licensing Area:
    (1) To use a vessel to fish unless validly licensed as required by 
the Administrator.
    (2) To use a vessel for directed fishing for southern bluefin tuna 
or for fishing for any kinds of fish other than tunas, except that fish 
may be caught as an incidental bycatch.
    (3) To use a vessel for fishing by any method, except the purse-
seine method.
    (4) To use any vessel to engage in fishing after the revocation of 
its license, or during the period of suspension of an applicable 
license.
    (5) To operate a vessel in such a way as to disrupt or in any other 
way adversely affect the activities of traditional and locally based 
fishermen and fishing vessels.
    (6) To use a vessel to fish in a manner inconsistent with an order 
issued by the Secretary under Sec. 300.42 (section 11 of the Act).
    (7) Except for circumstances involving force majeure and other 
emergencies involving the health or safety of crew members or the safety 
of the vessel, to use aircraft in association with fishing activities of 
a vessel, unless it is identified on the license application for the 
vessel, or any amendment thereto.

[61 FR 35550, July 5, 1996, as amended at 72 FR 6153, Feb. 9, 2007]



Sec. 300.39  Exceptions.

    (a) The prohibitions of Sec. 300.38 and the licensing requirements 
of Sec. 300.32 do not apply to fishing for albacore tuna by vessels 
using the trolling method or to fishing by vessels using the longline 
method in the high seas areas of the Treaty Area.
    (b) The prohibitions of Sec. 300.38(a)(4), (a)(5), and (b)(3) do 
not apply to fishing under the terms and conditions of a fishing 
arrangement.

[61 FR 35550, July 5, 1996, as amended at 72 FR 6153, Feb. 9, 2007]



Sec. 300.40  Civil penalties.

    The procedures of 15 CFR part 904 apply to the assessment of civil 
penalties, except as modified by the requirements of section 8 of the 
Act.



Sec. 300.41  Investigation notification.

    Upon commencement of an investigation under section 10(b)(1) of the 
Act, the operator of any vessel concerned shall have 30 days after 
receipt of notification of the investigation and the operator's rights 
under section 10(b)(1) to submit comments, information, or evidence 
bearing on the investigation,

[[Page 1014]]

and to request in writing that the Secretary provide the operator an 
opportunity to present the comments, information, or evidence orally to 
the Secretary or the Secretary's representative.



Sec. 300.42  Findings leading to removal from fishing area.

    (a) Following an investigation conducted under section 10(b) of the 
Act, the Secretary, with the concurrence of the Secretary of State, and 
upon the request of the Pacific Island Party concerned, may order a 
fishing vessel that has not submitted to the jurisdiction of that 
Pacific Island Party to leave immediately the Licensing Area, all 
Limited Areas, and all Closed Areas upon making a finding that:
    (1) The fishing vessel--
    (i) While fishing in the Licensing Area did not have a license 
issued under Sec. 300.32 to fish in the Licensing Area, and that under 
the terms of the Treaty the fishing is not authorized to be conducted in 
the Licensing Area without such a license.
    (ii) Was involved in any incident in which an authorized officer, 
authorized party officer, or observer was allegedly assaulted with 
resultant bodily harm, physically threatened, forcibly resisted, refused 
boarding or subjected to physical intimidation or physical interference 
in the performance of duties as authorized by the Act or the Treaty;
    (iii) Has not made full payment within 60 days of any amount due as 
a result of a final judgement or other final determination deriving from 
a violation in waters within the Treaty Area of a Pacific Island Party; 
or
    (iv) Was not represented by an agent for service of process in 
accordance with the Treaty; or
    (2) There is probable cause to believe that the fishing vessel--
    (i) Was used in violation of section 5(a)(4), (a)(5), (b)(2), or 
(b)(3) of the Act;
    (ii) Used an aircraft in violation of section 5(b)(7) of the Act; or
    (iii) Was involved in an incident in which section 5(a)(7) of the 
Act was violated.
    (b) Upon being advised by the Secretary of State that proper 
notification to Parties has been made by a Pacific Island Party that 
such Pacific Island Party is investigating an alleged infringement of 
the Treaty by a vessel in waters under the jurisdiction of that Pacific 
Island Party, the Secretary shall order the vessel to leave those waters 
until the Secretary of State notifies the Secretary that the order is no 
longer necessary.
    (c) The Secretary shall rescind any order issued on the basis of a 
finding under paragraphs (a)(1) (iii) or (iv) of this section 
(subsections 11(a)(1) (C) or (D) of the Act) as soon as the Secretary 
determines that the facts underlying the finding do not apply.
    (d) An order issued in accordance with this section is not subject 
to judicial review.

[61 FR 35550, July 5, 1996, as amended at 72 FR 6154, Feb. 9, 2007]



Sec. 300.43  Observers.

    (a) The operator and each member of the crew of a vessel shall allow 
and assist any person identified as an observer under the Treaty by the 
Pacific Island Parties:
    (1) To board the vessel for scientific, compliance, monitoring and 
other functions at the point and time notified by the Pacific Island 
Parties to the Secretary.
    (2) Without interfering unduly with the lawful operation of the 
vessel, to have full access to and use of facilities and equipment on 
board the vessel that the observer may determine are necessary to carry 
out observer duties; have full access to the bridge, fish on board, and 
areas that may be used to hold, process, weigh and store fish; remove 
samples; have full access to vessel's records, including its log and 
documentation for the purpose of inspection and copying; have reasonable 
access to navigation equipment, charts, and radios, and gather any other 
information relating to fisheries in the Licensing Area.
    (3) To disembark at the point and time notified by the Pacific 
Island Parties to the Secretary.
    (4) To carry out observer duties safely.
    (b) The operator shall provide the observer, while on board the 
vessel, at no expense to the Pacific Island Parties, with food, 
accommodation and medical facilities of reasonable standard as

[[Page 1015]]

may be acceptable to the Pacific Island Party whose representative is 
serving as the observer.



Sec. 300.44  Other inspections.

    The operator and each member of the crew of any vessel from which 
any fish taken in the Licensing Area is unloaded or transshipped shall 
allow, or arrange for, and assist any authorized inspector, authorized 
party officer, or authorized officer to have full access to any place 
where the fish is unloaded or transshipped, to remove samples, to have 
full access to the vessel's records, including its log and documentation 
for the purpose of inspection and photocopying, and to gather any other 
information relating to fisheries in the Licensing Area without 
interfering unduly with the lawful operation of the vessel.



Sec. 300.45  Vessel Monitoring System.

    (a) Applicability. Holders of vessel licenses issued under Sec. 
300.32 are required, in order to have the licensed vessel in the Treaty 
Area, to:
    (1) Have installed a VMS unit on board the licensed vessel;
    (2) Allow the Administrator, its agent, or a person authorized by 
the Administrator to program the VMS unit to transmit position and 
related information to the Administrator;
    (3) If directed by the Regional Administrator, allow NMFS, its 
agent, or a person authorized by NMFS to program the VMS unit to 
transmit position and related information to NMFS; and
    (4) Carry and have operational the VMS unit at all times while in 
the Treaty Area, except as provided in paragraphs (f) and (g) of this 
section.
    (b) FFA Vessel Register. Purse seine vessels must be in good 
standing on the FFA Vessel Register maintained by the Administrator in 
order to be licensed under the Treaty. FFA Vessel Register application 
forms may be obtained from the Regional Administrator or the 
Administrator or from the FFA Web site: http://www.ffa.int. Purse seine 
vessel owners or operators must submit completed FFA Vessel Register 
applications to the Regional Administrator for transmittal to the 
Administrator and pay fees for registration of their vessel(s) on the 
FFA Vessel Register annually. The vessel owner or operator may submit a 
completed FFA Vessel Register application form at any time, but the 
application must be received by the Regional Administrator at least 
seven days before the first day of the next licensing period to avoid 
the potential lapse of the registration and license between licensing 
periods.
    (c) VMS unit installation. A VMS unit required under this section 
must be installed by a person authorized by the Administrator. A list of 
Administrator-authorized VMS unit installers may be obtained from the 
Regional Administrator or the Administrator.
    (d) Hardware and software specifications. The VMS unit installed and 
carried on board a vessel to comply with the requirements of this 
section must consist of hardware and software that is approved by the 
Administrator and approved by NMFS. A current list of hardware and 
software approved by the Administrator may be obtained from the 
Administrator. A current list of hardware and software approved by NMFS 
may be obtained from NMFS.
    (e) Service activation. Other than when in port or in a shipyard and 
having given proper notification to the Administrator as specified in 
paragraph (g) of this section, the owner or operator of a vessel 
licensed under Sec. 300.32 must, when the vessel is in the Treaty Area:
    (1) Activate the VMS unit on board the licensed vessel to transmit 
automatic position reports;
    (2) Ensure that no person interrupts, interferes with, or impedes 
the operation of the VMS unit or tampers with, alters, damages, or 
disables the VMS unit, or attempts any of the same; and
    (3) Ensure that no person moves or removes the VMS unit from the 
installed position without first notifying the Administrator by 
telephone, facsimile, or e-mail of such movement or removal.
    (f) Interruption of VMS unit signal. When a vessel owner or operator 
is notified by the Administrator or an authorized officer that automatic 
position reports are not being received, or the vessel owner or operator 
is otherwise alerted or aware that transmission of automatic position 
reports has been interrupted, the vessel owner

[[Page 1016]]

and operator must comply with the following:
    (1) The vessel owner or operator must submit manual position reports 
that include vessel name, call sign, current position (latitude and 
longitude to the nearest minute), date, and time to the Administrator by 
telephone, facsimile, or e-mail at intervals of no greater than eight 
hours or a shorter interval if and as specified by the Administrator or 
an authorized officer. The reports must continue to be submitted until 
the Administrator has confirmed to the vessel owner or operator that the 
VMS unit is properly transmitting position reports. If the manual 
position reports cannot be made, the vessel operator or owner must 
notify the Administrator of such as soon as possible, by any means 
possible.
    (2) If directed by the Administrator or an authorized officer, the 
vessel operator must immediately stow the fishing gear in the manner 
described in Sec. 300.36, take the vessel directly to a port designated 
by the Administrator or authorized officer, and notify the Administrator 
by telephone, facsimile, or e-mail as soon as possible that the vessel 
is being taken to port with fishing gear stowed.
    (g) Shutdown of VMS unit while in port or in shipyard. When a vessel 
is in port and not moving, the VMS unit may be shut down, provided that 
the Administrator has been notified by telephone, facsimile, or e-mail 
that the vessel is in port and of the intended shutdown, and only as 
long as manual position reports as described in paragraph (f)(1) of this 
section are submitted to the Administrator at intervals of no greater 
than 24 hours or a shorter interval if and as specified by the 
Administrator or an authorized officer. If the VMS unit is shut down 
while the vessel is in port, the vessel owner or operator must notify 
the Administrator by telephone, facsimile, or e-mail as soon as possible 
after the vessel's departure from port. When the vessel is in a 
shipyard, the VMS unit may be shut down and the submission of manual 
position reports is not required, provided that the Administrator has 
been notified by telephone, facsimile, or e-mail that the vessel is in 
the shipyard and of the intended VMS unit shutdown. If the VMS unit is 
shut down while the vessel is in a shipyard, the vessel owner or 
operator must notify the Administrator by telephone, facsimile, or e-
mail as soon as possible after the vessel's departure from the shipyard.
    (h) VMS unit repair and replacement. After a fishing trip during 
which interruption of automatic position reports has occurred, the 
vessel's owner or operator must have the VMS unit repaired or replaced 
prior to the vessel's next trip. If the VMS unit is replaced, the new 
VMS unit must be installed by an Administrator-authorized VMS unit 
installer, as specified in paragraph (c) of this section. In making such 
repairs or replacements, conformity with the current requirements must 
be met before the vessel may lawfully operate under the Treaty.
    (i) Access to data. As a condition to obtaining a license, holders 
of vessel licenses issued under Sec. 300.32 must allow the Regional 
Administrator, an authorized officer, the Administrator or an authorized 
party officer or designees access to the vessel's position data obtained 
from the VMS unit at the time of, or after, its transmission to the 
vendor or receiver.

[72 FR 6154, Feb. 9, 2007, as amended at 75 FR 74648, Dec. 1, 2010]



Sec. 300.46  Transshipping requirements.

    (a) Applicability. This section applies to vessels licensed under 
Sec. 300.32.
    (b) Transshipping may only be done at the time and place authorized 
for transshipment by the Pacific Island Parties, following the 
notification and request requirements of Sec. 300.34(c)(5).
    (c) The operator and each member of the crew of a vessel from which 
any fish taken in the Licensing Area is transshipped must:
    (1) Allow and assist any person identified as an officer of the 
Pacific Island Party to:
    (i) Have full access to the vessel and any place where such fish is 
being transshipped and the use of facilities and equipment that the 
officer may determine is necessary to carry out his or her duties;
    (ii) Have full access to the bridge, fish on board and areas which 
may be used to hold, process, weigh and store fish;

[[Page 1017]]

    (iii) Remove samples;
    (iv) Have full access to the vessel's records, including its log and 
documentation, for the purpose of inspection and copying; and
    (v) Gather any other information required to fully monitor the 
activity without interfering unduly with the lawful operation of the 
vessel; and
    (2) Not assault, obstruct, resist, delay, refuse boarding to, 
intimidate, or interfere with any person identified as an officer of the 
Pacific Island Party in the performance of his or her duties.
    (d) Transshipping at sea may only be done:
    (1) In a designated area in accordance with such terms and 
conditions as may be agreed between the operator of the vessel and the 
Pacific Island Party in whose jurisdiction the transshipment is to take 
place;
    (2) In accordance with the requirements of Sec. 300.34; and
    (3) If the catch is transshipped to a carrier vessel duly authorized 
in accordance with national laws.

[72 FR 6155, Feb. 9, 2007]



                   Subpart E_Pacific Halibut Fisheries

    Authority: 16 U.S.C. 773-773k.



Sec. 300.60  Purpose and scope.

    This subpart implements the North Pacific Halibut Act of 1982 (Act) 
and is intended to supplement, not conflict with, the annual fishery 
management measures adopted by the International Pacific Halibut 
Commission (Commission) under the Convention between the United States 
and Canada for the Preservation of the Halibut Fishery of the Northern 
Pacific Ocean and Bering Sea (Convention).



Sec. 300.61  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the Act 
and the Convention, the terms used in this subpart have the following 
meanings. If a term is defined differently in Sec. 300.2, the Act, or 
the Convention, the definition in this section shall apply.
    Alaska Native tribe means, for purposes of the subsistence fishery 
for Pacific halibut in waters in and off Alaska, a Federally recognized 
Alaska Native tribe that has customary and traditional use of halibut 
and that is listed in Sec. 300.65(g)(2) of this part.
    Area 2A includes all waters off the States of California, Oregon, 
and Washington.
    Area 2C includes all waters off Alaska that are east of a line 
running 340[deg] true from Cape Spencer Light (58[deg] 11[min] 54[sec] 
N. lat., 136[deg] 38[min] 24[sec] W. long.) and south and east of a line 
running 205[deg] true from said light.
    Area 3A means all waters between Area 2C and a line extending from 
the most northerly point on Cape Aklek (57[deg]41[min]15[sec] N. 
latitude, 155[deg]35[min]00[sec] W. longitude) to Cape Ikolik 
(57[deg]17[min]17[sec] N. latitude, 154[deg]47[min]18[sec] W. 
longitude), then along the Kodiak Island coastline to Cape Trinity 
(56[deg]44[min]50[sec] N. latitude, 154[deg]08[min]44[sec] W. 
longitude), then 140[deg] true.
    Charter halibut permit means a permit issued by the National Marine 
Fisheries Service pursuant to Sec. 300.67.
    Charter vessel angler, for purposes of Sec. Sec. 300.65(d), 300.66, 
and 300.67, means a person, paying or non-paying, using the services of 
a charter vessel guide.
    Charter vessel fishing trip, for purposes of Sec. Sec. 300.65(d), 
300.66, and 300.67, means the time period between the first deployment 
of fishing gear into the water from a vessel after any charter vessel 
angler is onboard and the offloading of one or more charter vessel 
anglers or any halibut from that vessel.
    Charter vessel guide, for purposes of Sec. Sec. 300.65(d), 300.66 
and 300.67, means a person who holds an annual sport guide license 
issued by the Alaska Department of Fish and Game, or a person who 
provides sport fishing guide services.
    Charter vessel operator, for purposes of Sec. 300.65(d), means the 
person in control of the vessel during a charter vessel fishing trip.
    Chiniak Bay means all waters bounded by the shoreline and straight 
lines connecting the coordinates in the order listed:
    (1) North from Cape Chiniak (57[deg]37.22[min] N. lat., 
152[deg]9.36[min] W. long.);
    (2) To Buoy 1 at Williams Reef (57[deg]50.36[min] N. lat., 
152[deg]8.82[min] W. long.);
    (3) To East Cape on Spruce Island (57[deg]54.89[min] N. lat., 
152[deg]19.45[min] W. long.);

[[Page 1018]]

    (4) To Termination Point on Kodiak Island (57[deg]51.31[min] N. 
lat., 152[deg]24.01[min] W. long.); and
    (5) Connecting to a line running counterclockwise along the 
shoreline of Kodiak Island to Cape Chiniak (57[deg]37.22[min] N. lat., 
152[deg]9.36[min] W. long.).
    Commercial fishing means fishing, the resulting catch of which 
either is, or is intended to be, sold or bartered but does not include 
subsistence fishing.
    Commission means the International Pacific Halibut Commission.
    Commission regulatory area means an area defined by the Commission 
for purposes of the Convention identified in 50 CFR 300.60 and 
prescribed in the annual management measures published pursuant to 50 
CFR 300.62.
    Community charter halibut permit means a permit issued by NMFS to a 
Community Quota Entity pursuant to Sec. 300.67.
    Crew member, for purposes of Sec. Sec. 300.65(d), and 300.67, means 
an assistant, deckhand, or similar person who works directly under the 
supervision of, and on the same vessel as, a charter vessel guide or 
operator of a vessel with one or more charter vessel anglers on board.
    Customary trade means, for purposes of the subsistence fishery for 
Pacific halibut in waters in and off Alaska, the non-commercial exchange 
of subsistence halibut for anything other than items of significant 
value.
    Fishing means the taking, harvesting, or catching of fish, or any 
activity that can reasonably be expected to result in the taking, 
harvesting, or catching of fish, including specifically the deployment 
of any amount or component part of setline gear anywhere in the maritime 
area.
    Fishing week, for purposes of Sec. 300.65(d), means a time period 
that begins at 0001 hours, A.l.t., Monday morning and ends at 2400 
hours, A.l.t., the following Sunday night.
    Guideline harvest level (GHL) means the level of allowable halibut 
harvest by the charter vessel fishery.
    Halibut harvest means the catching and retaining of any halibut.
    Head-on length means a straight line measurement passing over the 
pectoral fin from the tip of the lower jaw with the mouth closed to the 
extreme end of the middle of the tail.
    Individual Fishing Quota (IFQ), for purposes of this subpart, means 
the annual catch limit of halibut that may be harvested by a person who 
is lawfully allocated a harvest privilege for a specific portion of the 
TAC of halibut.
    IFQ fishing trip, for purposes of the subpart, means the period 
beginning when a vessel operator commences harvesting IFQ halibut and 
ending when the vessel operator lands any species.
    IFQ halibut means any halibut that is harvested with setline or 
other hook and line gear while commercial fishing in any IFQ regulatory 
area defined at Sec. 679.2 of this title.
    Military charter halibut permit means a permit issued by NMFS to a 
United States Military Morale, Welfare and Recreation Program pursuant 
to Sec. 300.67.
    Overall length of a vessel means the horizontal distance, rounded to 
the nearest ft/meter, between the foremost part of the stem and the 
aftermost part of the stern (excluding bowsprits, rudders, outboard 
motor brackets, and similar fittings or attachments).
    Person includes an individual, corporation, firm, or association.
    Power hauling means using electrically, hydraulically, or 
mechanically powered devices or attachments or other assisting devises 
or attachments to deploy and retrieve fishing gear. Power hauling does 
not include the use of hand power, a hand powered crank, a fishing rod, 
a downrigger, or a hand troll gurdy.
    Rural means, for purposes of the subsistence fishery for Pacific 
halibut in waters in and off Alaska, a community of Alaska listed at 
Sec. 300.65(g)(1) or an area of Alaska described at Sec. 300.65(g)(3) 
in which the non-commercial, customary, and traditional use of fish and 
game for personal or family consumption is a principal characteristic of 
the economy or area and in which there is a long-term, customary, and 
traditional use of halibut.
    Rural resident means, for purposes of the subsistence fishery for 
Pacific halibut in waters in and off Alaska:
    (1) An individual domiciled in a rural community listed in the table 
at Sec. 300.65(g)(1) and who has maintained a

[[Page 1019]]

domicile in rural communities listed in the table at Sec. 300.65(g)(1), 
or in rural areas described at Sec. 300.65(g)(3), for the 12 
consecutive months immediately preceding the time when the assertion of 
residence is made, and who is not claiming residency in another state, 
territory, or country; or
    (2) An individual domiciled in a rural area described at Sec. 
300.65(g)(3) and who has maintained a domicile in rural areas described 
at Sec. 300.65(g)(3), or in rural communities listed in the table at 
Sec. 300.65(g)(1), for the 12 consecutive months immediately preceding 
the time when the assertion of residence is made, and who is not 
claiming residency in another state, territory, or country.
    Setline gear means one or more stationary, buoyed, and anchored 
lines with hooks attached.
    Sport fishing means:
    (1) In regulatory area 2A, all fishing other than commercial fishing 
and treaty Indian ceremonial and subsistence fishing; and
    (2) In waters in and off Alaska, all fishing other than commercial 
fishing and subsistence fishing.
    Sport fishing guide services, for purposes of Sec. Sec. 300.65(d) 
and 300.67, means assistance, for compensation, to a person who is sport 
fishing, to take or attempt to take fish by being onboard a vessel with 
such person during any part of a charter vessel fishing trip. Sport 
fishing guide services do not include services provided by a crew 
member.
    Subarea 2A-1 includes all U.S. waters off the coast of Washington 
that are north of 46[deg]53[min]18[sec] N. lat. and east of 
125[deg]44[min]00[sec] W. long., and all inland marine waters of 
Washington.
    Subsistence means, with respect to waters in and off Alaska, the 
non-commercial, long-term, customary and traditional use of halibut.
    Subsistence halibut means halibut caught by a rural resident or a 
member of an Alaska Native tribe for direct personal or family 
consumption as food, sharing for personal or family consumption as food, 
or customary trade.
    Subsistence halibut registration certificate (SHARC) means 
documentation, issued by NMFS, of the registration required at Sec. 
300.65(i).
    Treaty Indian tribes means the Hoh, Jamestown S'Klallam, Lower Elwha 
S'Klallam, Lummi, Makah, Port Gamble S'Klallam, Quileute, Quinault, 
Skokomish, Suquamish, Swinomish, Tulalip, and Nooksack tribes.
    Valid, with respect to a charter halibut permit for purposes of 
Sec. Sec. 300.66 and 300.67, means the charter halibut permit that is 
currently in effect.

[61 FR 35550, July 5, 1996, as amended at 64 FR 52469, Sept. 29, 1999; 
68 FR 18156, Apr. 15, 2003; 68 FR 47264, Aug. 8, 2003; 72 FR 30727, June 
4, 2007; 72 FR 67669, Nov. 30, 2007; 73 FR 30523, May 28, 2008; 73 FR 
52797, Sept. 11, 2008; 73 FR 54939, Sept. 24, 2008; 74 FR 11697, March 
19, 2009; 74 FR 21227, May 6, 2009; 74 FR 57109, Nov. 4, 2009; 75 FR 
599, Jan. 5, 2010; 76 FR 6571, Feb. 7, 2011]



Sec. 300.62  Annual management measures.

    Annual management measures may be added and modified through 
adoption by the Commission and publication in the Federal Register by 
the Assistant Administrator, with immediate regulatory effect. Such 
measures may include, inter alia, provisions governing: Licensing of 
vessels, inseason actions, regulatory areas, fishing periods, closed 
periods, closed areas, catch limits (quotas), fishing period limits, 
size limits, careful release of halibut, vessel clearances, logs, 
receipt and possession of halibut, fishing gear, retention of tagged 
halibut, supervision of unloading and weighing, and sport fishing for 
halibut. The Assistant Administrator will publish the Commission's 
regulations setting forth annual management measures in the Federal 
Register by March 15 each year. Annual management measures may be 
adjusted inseason by the Commission.



Sec. 300.63  Catch sharing plan and domestic management measures in Area 2A.

    (a) A catch sharing plan (CSP) may be developed by the Pacific 
Fishery Management Council and approved by NMFS for portions of the 
fishery. Any approved CSP may be obtained from the Administrator, 
Northwest Region, NMFS.
    (b)(1) Each year, before January 1, NMFS will publish a proposal to 
govern

[[Page 1020]]

the recreational fishery under the CSP for the following year and will 
seek public comment. The comment period will extend until after the 
Commission's annual meeting, so the public will have the opportunity to 
consider the final area 2A total allowable catch (TAC) before submitting 
comments. After the Commission's annual meeting and review of public 
comments, NMFS will publish in the Federal Register the final rule 
governing sport fishing in area 2A. Annual management measures may be 
adjusted inseason by NMFS.
    (2) A portion of the commercial TAC is allocated as incidental catch 
in the salmon troll fishery in Area 2A. Each year the landing 
restrictions necessary to keep the fishery within its allocation will be 
recommended by the Pacific Fishery Management Council at its spring 
meetings, and will be published in the Federal Register along with the 
annual salmon management measures.
    (3) A portion of the Area 2A Washington recreational TAC is 
allocated as incidental catch in the primary directed longline sablefish 
fishery north of 46[deg]53.30[min] N. lat, (Pt. Chehalis, Washington), 
which is regulated under 50 CFR 660.372. This fishing opportunity is 
only available in years in which the Area 2A TAC is greater than 900,000 
lb (408.2 mt,) provided that a minimum of 10,000 lb (4.5 mt) is 
available above a Washington recreational TAC of 214,100 lb (97.1 mt). 
Each year that this harvest is available, the landing restrictions 
necessary to keep this fishery within its allocation will be recommended 
by the Pacific Fishery Management Council at its spring meetings, and 
will be published in the Federal Register. These restrictions will be 
designed to ensure the halibut harvest is incidental to the sablefish 
harvest and will be based on the amounts of halibut and sablefish 
available to this fishery, and other pertinent factors. The restrictions 
may include catch or landing ratios, landing limits, or other means to 
control the rate of halibut landings.
    (i) In years when this incidental harvest of halibut in the directed 
sablefish fishery north of 46[deg]53.30[min] N. lat. is allowed, it is 
allowed only for vessels using longline gear that are registered to 
groundfish limited entry permits with sablefish endorsements and that 
possess the appropriate incidental halibut harvest license issued by the 
Commission.
    (ii) It is unlawful for any person to possess, land or purchase 
halibut south of 46[deg]53.30[min] N. lat. that were taken and retained 
as incidental catch authorized by this section in the directed longline 
sablefish fishery.
    (4) The commercial longline fishery in area 2A is governed by the 
annual management measures published pursuant to Sec. Sec. 300.62 and 
300.63.
    (5) The treaty Indian fishery is governed by Sec. 300.64 and tribal 
regulations. The annual quota for the fishery will be announced with the 
Commission regulations under Sec. 300.62
    (c) Flexible Inseason Management Provisions for Sport Halibut 
Fisheries in Area 2A. (1) The Regional Administrator, NMFS Northwest 
Region, after consultation with the Chairman of the Pacific Fishery 
Management Council, the Commission Executive Director, and the Fisheries 
Director(s) of the affected state(s), or their designees, is authorized 
to modify regulations during the season after making the following 
determinations:
    (i) The action is necessary to allow allocation objectives to be 
met.
    (ii) The action will not result in exceeding the catch limit for the 
area.
    (iii) If any of the sport fishery subareas north of Cape Falcon, 
Oregon are not projected to utilize their respective quotas by September 
30, NMFS may take inseason action to transfer any projected unused quota 
to another Washington sport subarea.
    (iv) If any of the sport fishery subareas south of Leadbetter Point, 
Washington, are not projected to utilize their respective quotas by 
their season ending dates, NMFS may take inseason action to transfer any 
projected unused quota to another Oregon sport subarea.
    (2) Flexible inseason management provisions include, but are not 
limited to, the following:
    (i) Modification of sport fishing periods;
    (ii) Modification of sport fishing bag limits;

[[Page 1021]]

    (iii) Modification of sport fishing size limits;
    (iv) Modification of sport fishing days per calendar week; and
    (v) Modification of subarea quotas.
    (3) Notice procedures. (i) Actions taken under this section will be 
published in the Federal Register.
    (ii) Actual notice of inseason management actions will be provided 
by a telephone hotline administered by the Northwest Region, NMFS, at 
206-526-6667 or 800-662-9825 (May through October) and by U.S. Coast 
Guard broadcasts. These broadcasts are announced on Channel 16 VHF-FM 
and 2182 kHz at frequent intervals. The announcements designate the 
channel or frequency over which the notice to mariners will be 
immediately broadcast. Since provisions of these regulations may be 
altered by inseason actions, sport fishers should monitor either the 
telephone hotline or U.S. Coast Guard broadcasts for current information 
for the area in which they are fishing.
    (4) Effective dates. (i) Any action issued under this section is 
effective on the date specified in the publication or at the time that 
the action is filed for public inspection with the Office of the Federal 
Register, whichever is later.
    (ii) If time allows, NMFS will invite public comment prior to the 
effective date of any inseason action filed with the Federal Register. 
If the Regional Administrator determines, for good cause, that an 
inseason action must be filed without affording a prior opportunity for 
public comment, public comments will be received for a period of 15 days 
after publication of the action in the Federal Register.
    (iii) Any inseason action issued under this section will remain in 
effect until the stated expiration date or until rescinded, modified, or 
superseded. However, no inseason action has any effect beyond the end of 
the calendar year in which it is issued.
    (5) Availability of data. The Regional Administrator will compile, 
in aggregate form, all data and other information relevant to the action 
being taken and will make them available for public review during normal 
office hours at the Northwest Regional Office, NMFS, Sustainable 
Fisheries Division, 7600 Sand Point Way NE, Seattle, Washington.
    (d) Fishery Election in Area 2A. (1) A vessel that fishes in Area 2A 
may participate in only one of the following three fisheries in Area 2A:
    (i) The sport fishery under section 26 of the annual domestic 
management measures and IPHC regulations;
    (ii) The commercial directed fishery for halibut during the fishing 
period(s) established in section 8 of the annual domestic management 
measures and IPHC regulations and/or the incidental retention of halibut 
during the primary sablefish fishery described at 50 CFR 660.231; or
    (iii) The incidental catch fishery during the salmon troll fishery 
as authorized in section 8 of the annual domestic management measures 
and IPHC regulations.
    (2) No person shall fish for halibut in the sport fishery in Area 2A 
under section 24 of the annual domestic management measures and IPHC 
regulations from a vessel that has been used during the same calendar 
year for commercial halibut fishing in Area 2A or that has been issued a 
permit for the same calendar year for the commercial halibut fishery in 
Area 2A.
    (3) No person shall fish for halibut in the directed commercial 
halibut fishery during the fishing periods established in section 8 of 
the annual domestic management measures and IPHC regulations and/or 
retain halibut incidentally taken in the primary sablefish fishery in 
Area 2A from a vessel that has been used during the same calendar year 
for the incidental catch fishery during the salmon troll fishery as 
authorized in Section 8 of the annual domestic management measures and 
IPHC regulations.
    (4) No person shall fish for halibut in the directed commercial 
halibut fishery and/or retain halibut incidentally taken in the primary 
sablefish fishery in Area 2A from a vessel that, during the same 
calendar year, has been used in the sport halibut fishery in Area 2A or 
that is licensed for the sport charter halibut fishery in Area 2A.
    (5) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under section 8 of the annual domestic management 
measures

[[Page 1022]]

and IPHC regulations taken on a vessel that, during the same calendar 
year, has been used in the sport halibut fishery in Area 2A, or that is 
licensed for the sport charter halibut fishery in Area 2A.
    (6) No person shall retain halibut in the salmon troll fishery in 
Area 2A as authorized under section 8 of the annual domestic management 
measures and IPHC regulations taken on a vessel that, during the same 
calendar year, has been used in the directed commercial halibut fishery 
during the fishing periods established in Section 8 of the annual 
domestic management measures and IPHC regulations and/or retained 
halibut incidentally taken in the primary sablefish fishery for Area 2A 
or that is licensed to participate in these commercial fisheries during 
the fishing periods established in Section 8 of the annual domestic 
management measures and IPHC regulations in Area 2A.
    (e) Area 2A Non-Treaty Commercial Fishery Closed Areas. (1) Non-
treaty commercial vessels operating in the directed commercial fishery 
for halibut in Area 2A are required to fish outside of a closed area, 
known as the Rockfish Conservation Area (RCA), that extends along the 
coast from the U.S./Canada border south to 40[deg]10[min] N. lat. 
Between the U.S./Canada border and 46[deg]16[min] N. lat., the eastern 
boundary of the RCA, is the shoreline. Between 46[deg]16[min] N. lat. 
and 43[deg]00[min] N. lat., the RCA is defined along an eastern boundary 
by a line approximating the 30-fm (55-m) depth contour. Coordinates for 
the 30-fm (55-m) boundary are listed at 50 CFR 660.71(e). Between 
43[deg]00[min] N. lat. and 42[deg]00[min] N. lat., the RCA is defined 
along an eastern boundary by a line approximating the 20-fm (37-m) depth 
contour. Coordinates for the 20-fm (37-m) boundary are listed at 50 CFR 
660.71(b). Between 42[deg]00[min] N. lat. and 40[deg]10[min] N. lat., 
the RCA is defined along an eastern boundary by the 20-fm (37-m) depth 
contour. Between the U.S./Canada border and 40[deg]10[min] N. lat., the 
RCA is defined along a western boundary approximating the 100-fm (183-m) 
depth contour. Coordinates for the 100-fm (183-m) boundary are listed at 
50 CFR 660.73(a).
    (2) Non-treaty commercial vessels operating in the incidental catch 
fishery during the sablefish fishery north of Pt. Chehalis, Washington, 
in Area 2a are required to fish outside of a closed area. Under Pacific 
Coast groundfish regulations at 50 CFR 660.230, fishing with limited 
entry fixed gear is prohibited within the North Coast Commercial 
Yelloweye Rockfish Conservation Area (YRCA). It is unlawful to take and 
retain, possess, or land halibut taken with limited entry fixed gear 
within the North Coast Commercial YRCA. The North Coast Commercial YRCA 
is an area off the northern Washington coast, overlapping the northern 
part of the North Coast Recreational YRCA, and is defined by straight 
lines connecting latitude and longitude coordinates. Coordinates for the 
North Coast Commercial YRCA are specified in groundfish regulations at 
50 CFR 660.70(b).
    (3) Non-treaty commercial vessels operating in the incidental catch 
fishery during the salmon troll fishery in Area 2A are required to fish 
outside of a closed area. Under the Pacific Coast groundfish regulations 
at 50 CFR 660.330(10), fishing with salmon troll gear is prohibited 
within the Salmon Troll YRCA. It is unlawful for commercial salmon troll 
vessels to take and retain, possess or land fish within the Salmon Troll 
YRCA. The Salmon Troll YRCA is an area off the northern Washington coast 
and is defined by straight lines connecting latitude and longitude 
coordinates. Coordinates for the Salmon Troll YRCA are specified in 
groundfish regulations at 50 CFR 660.70(c), and in salmon regulations at 
50 CFR 660.405.
    (f) The 30-fm (55-m) depth contour between the U.S. border with 
Canada and 40[deg]10.00[min] N. lat. is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]24.79[min] N. lat., 124[deg]44.07[min] W. long.;
    (2) 48[deg]24.80[min] N. lat., 124[deg]44.74[min] W. long.;
    (3) 48[deg]23.94[min] N. lat., 124[deg]44.70[min] W. long.;
    (4) 48[deg]23.51[min] N. lat., 124[deg]45.01[min] W. long.;
    (5) 48[deg]22.59[min] N. lat., 124[deg]44.97[min] W. long.;
    (6) 48[deg]21.75[min] N. lat., 124[deg]45.26[min] W. long.;
    (7) 48[deg]21.23[min] N. lat., 124[deg]47.78[min] W. long.;
    (8) 48[deg]20.32[min] N. lat., 124[deg]49.53[min] W. long.;
    (9) 48[deg]16.72[min] N. lat., 124[deg]51.58[min] W. long.;
    (10) 48[deg]10.00[min] N. lat., 124[deg]52.58[min] W. long.;
    (11) 48[deg]05.63[min] N. lat., 124[deg]52.91[min] W. long.;

[[Page 1023]]

    (12) 47[deg]53.37[min] N. lat., 124[deg]47.37[min] W. long.;
    (13) 47[deg]40.28[min] N. lat., 124[deg]40.07[min] W. long.;
    (14) 47[deg]31.70[min] N. lat., 124[deg]37.03[min] W. long.;
    (15) 47[deg]25.67[min] N. lat., 124[deg]34.79[min] W. long.;
    (16) 47[deg]12.82[min] N. lat., 124[deg]29.12[min] W. long.;
    (17) 46[deg]52.94[min] N. lat., 124[deg]22.58[min] W. long.;
    (18) 46[deg]44.18[min] N. lat., 124[deg]18.00[min] W. long.;
    (19) 46[deg]38.17[min] N. lat., 124[deg]15.88[min] W. long.;
    (20) 46[deg]29.53[min] N. lat., 124[deg]15.89[min] W. long.;
    (21) 46[deg]19.27[min] N. lat., 124[deg]14.15[min] W. long.;
    (22) 46[deg]16.00[min] N. lat., 124[deg]13.04[min] W. long.;
    (23) 46[deg]07.00[min] N. lat., 124[deg]07.01[min] W. long.;
    (24) 45[deg]55.95[min] N. lat., 124[deg]02.23[min] W. long.;
    (25) 45[deg]54.53[min] N. lat., 124[deg]02.57[min] W. long.;
    (26) 45[deg]50.65[min] N. lat., 124[deg]01.62[min] W. long.;
    (27) 45[deg]48.20[min] N. lat., 124[deg]02.16[min] W. long.;
    (28) 45[deg]46.00[min] N. lat., 124[deg]01.86[min] W. long.;
    (29) 45[deg]43.46[min] N. lat., 124[deg]01.28[min] W. long.;
    (30) 45[deg]40.48[min] N. lat., 124[deg]01.03[min] W. long.;
    (31) 45[deg]39.04[min] N. lat., 124[deg]01.68[min] W. long.;
    (32) 45[deg]35.48[min] N. lat., 124[deg]01.90[min] W. long.;
    (33) 45[deg]29.81[min] N. lat., 124[deg]02.45[min] W. long.;
    (34) 45[deg]27.97[min] N. lat., 124[deg]01.90[min] W. long.;
    (35) 45[deg]27.22[min] N. lat., 124[deg]02.66[min] W. long.;
    (36) 45[deg]24.20[min] N. lat., 124[deg]02.94[min] W. long.;
    (37) 45[deg]20.60[min] N. lat., 124[deg]01.74[min] W. long.;
    (38) 45[deg]20.25[min] N. lat., 124[deg]01.85[min] W. long.;
    (39) 45[deg]16.44[min] N. lat., 124[deg]03.22[min] W. long.;
    (40) 45[deg]13.63[min] N. lat., 124[deg]02.69[min] W. long.;
    (41) 45[deg]11.05[min] N. lat., 124[deg]03.59[min] W. long.;
    (42) 45[deg]08.55[min] N. lat., 124[deg]03.47[min] W. long.;
    (43) 45[deg]03.82[min] N. lat., 124[deg]04.43[min] W. long.;
    (44) 45[deg]02.81[min] N. lat., 124[deg]04.64[min] W. long.;
    (45) 44[deg]58.06[min] N. lat., 124[deg]05.03[min] W. long.;
    (46) 44[deg]53.97[min] N. lat., 124[deg]06.92[min] W. long.;
    (47) 44[deg]48.89[min] N. lat., 124[deg]07.04[min] W. long.;
    (48) 44[deg]46.94[min] N. lat., 124[deg]08.25[min] W. long.;
    (49) 44[deg]42.72[min] N. lat., 124[deg]08.98[min] W. long.;
    (50) 44[deg]38.16[min] N. lat., 124[deg]11.48[min] W. long.;
    (51) 44[deg]33.38[min] N. lat., 124[deg]11.54[min] W. long.;
    (52) 44[deg]28.51[min] N. lat., 124[deg]12.04[min] W. long.;
    (53) 44[deg]27.65[min] N. lat., 124[deg]12.56[min] W. long.;
    (54) 44[deg]19.67[min] N. lat., 124[deg]12.37[min] W. long.;
    (55) 44[deg]10.79[min] N. lat., 124[deg]12.22[min] W. long.;
    (56) 44[deg]09.22[min] N. lat., 124[deg]12.28[min] W. long.;
    (57) 44[deg]08.30[min] N. lat., 124[deg]12.30[min] W. long.;
    (58) 44[deg]00.22[min] N. lat., 124[deg]12.80[min] W. long.;
    (59) 43[deg]51.56[min] N. lat., 124[deg]13.18[min] W. long.;
    (60) 43[deg]44.26[min] N. lat., 124[deg]14.50[min] W. long.;
    (61) 43[deg]33.82[min] N. lat., 124[deg]16.28[min] W. long.;
    (62) 43[deg]28.66[min] N. lat., 124[deg]18.72[min] W. long.;
    (63) 43[deg]23.12[min] N. lat., 124[deg]24.04[min] W. long.;
    (64) 43[deg]20.83[min] N. lat., 124[deg]25.67[min] W. long.;
    (65) 43[deg]20.48[min] N. lat., 124[deg]25.90[min] W. long.;
    (66) 43[deg]16.41[min] N. lat., 124[deg]27.52[min] W. long.;
    (67) 43[deg]14.23[min] N. lat., 124[deg]29.28[min] W. long.;
    (68) 43[deg]14.03[min] N. lat., 124[deg]28.31[min] W. long.;
    (69) 43[deg]11.92[min] N. lat., 124[deg]28.26[min] W. long.;
    (70) 43[deg]11.02[min] N. lat., 124[deg]29.11[min] W. long.;
    (71) 43[deg]10.13[min] N. lat., 124[deg]29.15[min] W. long.;
    (72) 43[deg]09.26[min] N. lat., 124[deg]31.03[min] W. long.;
    (73) 43[deg]07.73[min] N. lat., 124[deg]30.92[min] W. long.;
    (74) 43[deg]05.93[min] N. lat., 124[deg]29.64[min] W. long.;
    (75) 43[deg]01.59[min] N. lat., 124[deg]30.64[min] W. long.;
    (76) 42[deg]59.72[min] N. lat., 124[deg]31.16[min] W. long.;
    (77) 42[deg]53.75[min] N. lat., 124[deg]36.09[min] W. long.;
    (78) 42[deg]50.00[min] N. lat., 124[deg]36.41[min] W. long.;
    (79) 42[deg]50.00[min] N. lat., 124[deg]38.39[min] W. long.;
    (80) 42[deg]49.37[min] N. lat., 124[deg]38.81[min] W. long.;
    (81) 42[deg]46.42[min] N. lat., 124[deg]37.69[min] W. long.;
    (82) 42[deg]46.07[min] N. lat., 124[deg]38.56[min] W. long.;
    (83) 42[deg]45.29[min] N. lat., 124[deg]37.95[min] W. long.;
    (84) 42[deg]45.61[min] N. lat., 124[deg]36.87[min] W. long.;
    (85) 42[deg]44.27[min] N. lat., 124[deg]33.64[min] W. long.;
    (86) 42[deg]42.75[min] N. lat., 124[deg]31.84[min] W. long.;
    (87) 42[deg]40.50[min] N. lat., 124[deg]29.67[min] W. long.;
    (88) 42[deg]40.04[min] N. lat., 124[deg]29.20[min] W. long.;
    (89) 42[deg]38.09[min] N. lat., 124[deg]28.39[min] W. long.;
    (90) 42[deg]36.73[min] N. lat., 124[deg]27.54[min] W. long.;
    (91) 42[deg]36.56[min] N. lat., 124[deg]28.40[min] W. long.;
    (92) 42[deg]35.77[min] N. lat., 124[deg]28.79[min] W. long.;
    (93) 42[deg]34.03[min] N. lat., 124[deg]29.98[min] W. long.;
    (94) 42[deg]34.19[min] N. lat., 124[deg]30.58[min] W. long.;
    (95) 42[deg]31.27[min] N. lat., 124[deg]32.24[min] W. long.;
    (96) 42[deg]27.07[min] N. lat., 124[deg]32.53[min] W. long.;
    (97) 42[deg]24.21[min] N. lat., 124[deg]31.23[min] W. long.;
    (98) 42[deg]20.47[min] N. lat., 124[deg]28.87[min] W. long.;
    (99) 42[deg]14.60[min] N. lat., 124[deg]26.80[min] W. long.;
    (100) 42[deg]13.67[min] N. lat., 124[deg]26.25[min] W. long.;
    (101) 42[deg]10.90[min] N. lat., 124[deg]24.56[min] W. long.;
    (102) 42[deg]07.04[min] N. lat., 124[deg]23.35[min] W. long.;
    (103) 42[deg]02.16[min] N. lat., 124[deg]22.59[min] W. long.;
    (104) 42[deg]00.00[min] N. lat., 124[deg]21.81[min] W. long.;
    (105) 41[deg]55.75[min] N. lat., 124[deg]20.72[min] W. long.;
    (106) 41[deg]50.93[min] N. lat., 124[deg]23.76[min] W. long.;
    (107) 41[deg]42.53[min] N. lat., 124[deg]16.47[min] W. long.;
    (108) 41[deg]37.20[min] N. lat., 124[deg]17.05[min] W. long.;
    (109) 41[deg]24.58[min] N. lat., 124[deg]10.51[min] W. long.;
    (110) 41[deg]20.73[min] N. lat., 124[deg]11.73[min] W. long.;
    (111) 41[deg]17.59[min] N. lat., 124[deg]10.66[min] W. long.;
    (112) 41[deg]04.54[min] N. lat., 124[deg]14.47[min] W. long.;
    (113) 40[deg]54.26[min] N. lat., 124[deg]13.90[min] W. long.;
    (114) 40[deg]40.31[min] N. lat., 124[deg]26.24[min] W. long.;

[[Page 1024]]

    (115) 40[deg]34.00[min] N. lat., 124[deg]27.39[min] W. long.;
    (116) 40[deg]30.00[min] N. lat., 124[deg]31.32[min] W. long.;
    (117) 40[deg]28.89[min] N. lat., 124[deg]32.43[min] W. long.;
    (118) 40[deg]24.77[min] N. lat., 124[deg]29.51[min] W. long.;
    (119) 40[deg]22.47[min] N. lat., 124[deg]24.12[min] W. long.;
    (120) 40[deg]19.73[min] N. lat., 124[deg]23.59[min] W. long.;
    (121) 40[deg]18.64[min] N. lat., 124[deg]21.89[min] W. long.;
    (122) 40[deg]17.67[min] N. lat., 124[deg]23.07[min] W. long.;
    (123) 40[deg]15.58[min] N. lat., 124[deg]23.61[min] W. long.;
    (124) 40[deg]13.42[min] N. lat., 124[deg]22.94[min] W. long.;
    (125) 40[deg]10.00[min] N. lat., 124[deg]16.65[min] W. long.
    (g) The 100-fm (183-m) depth contour used between the U.S. border 
with Canada and 40[deg]10.00[min] N. lat. is defined by straight lines 
connecting all of the following points in the order stated:
    (1) 48[deg]15.00[min] N. lat., 125[deg]41.00[min] W. long.;
    (2) 48[deg]14.00[min] N. lat., 125[deg]36.00[min] W. long.;
    (3) 48[deg]09.50[min] N. lat., 125[deg]40.50[min] W. long.;
    (4) 48[deg]08.00[min] N. lat., 125[deg]38.00[min] W. long.;
    (5) 48[deg]05.00[min] N. lat., 125[deg]37.25[min] W. long.;
    (6) 48[deg]02.60[min] N. lat., 125[deg]34.70[min] W. long.;
    (7) 47[deg]59.00[min] N. lat., 125[deg]34.00[min] W. long.;
    (8) 47[deg]57.26[min] N. lat., 125[deg]29.82[min] W. long.;
    (9) 47[deg]59.87[min] N. lat., 125[deg]25.81[min] W. long.;
    (10) 48[deg]01.80[min] N. lat., 125[deg]24.53[min] W. long.;
    (11) 48[deg]02.08[min] N. lat., 125[deg]22.98[min] W. long.;
    (12) 48[deg]02.97[min] N. lat., 125[deg]22.89[min] W. long.;
    (13) 48[deg]04.47[min] N. lat., 125[deg]21.75[min] W. long.;
    (14) 48[deg]06.11[min] N. lat., 125[deg]19.33[min] W. long.;
    (15) 48[deg]07.95[min] N. lat., 125[deg]18.55[min] W. long.;
    (16) 48[deg]09.00[min] N. lat., 125[deg]18.00[min] W. long.;
    (17) 48[deg]11.31[min] N. lat., 125[deg]17.55[min] W. long.;
    (18) 48[deg]14.60[min] N. lat., 125[deg]13.46[min] W. long.;
    (19) 48[deg]16.67[min] N. lat., 125[deg]14.34[min] W. long.;
    (20) 48[deg]18.73[min] N. lat., 125[deg]14.41[min] W. long.;
    (21) 48[deg]19.67[min] N. lat., 125[deg]13.70[min] W. long.;
    (22) 48[deg]19.70[min] N. lat., 125[deg]11.13[min] W. long.;
    (23) 48[deg]22.95[min] N. lat., 125[deg]10.79[min] W. long.;
    (24) 48[deg]21.61[min] N. lat., 125[deg]02.54[min] W. long.;
    (25) 48[deg]23.00[min] N. lat., 124[deg]49.34[min] W. long.;
    (26) 48[deg]17.00[min] N. lat., 124[deg]56.50[min] W. long.;
    (27) 48[deg]06.00[min] N. lat., 125[deg]00.00[min] W. long.;
    (28) 48[deg]04.62[min] N. lat., 125[deg]01.73[min] W. long.;
    (29) 48[deg]04.84[min] N. lat., 125[deg]04.03[min] W. long.;
    (30) 48[deg]06.41[min] N. lat., 125[deg]06.51[min] W. long.;
    (31) 48[deg]06.00[min] N. lat., 125[deg]08.00[min] W. long.;
    (32) 48[deg]07.08[min] N. lat., 125[deg]09.34[min] W. long.;
    (33) 48[deg]07.28[min] N. lat., 125[deg]11.14[min] W. long.;
    (34) 48[deg]03.45[min] N. lat., 125[deg]16.66[min] W. long.;
    (35) 48[deg]02.35[min] N. lat., 125[deg]17.30[min] W. long.;
    (36) 48[deg]02.35[min] N. lat., 125[deg]18.07[min] W. long.;
    (37) 48[deg]00.00[min] N. lat., 125[deg]19.30[min] W. long.;
    (38) 47[deg]59.50[min] N. lat., 125[deg]18.88[min] W. long.;
    (39) 47[deg]58.68[min] N. lat., 125[deg]16.19[min] W. long.;
    (40) 47[deg]56.62[min] N. lat., 125[deg]13.50[min] W. long.;
    (41) 47[deg]53.71[min] N. lat., 125[deg]11.96[min] W. long.;
    (42) 47[deg]51.70[min] N. lat., 125[deg]09.38[min] W. long.;
    (43) 47[deg]49.95[min] N. lat., 125[deg]06.07[min] W. long.;
    (44) 47[deg]49.00[min] N. lat., 125[deg]03.00[min] W. long.;
    (45) 47[deg]46.95[min] N. lat., 125[deg]04.00[min] W. long.;
    (46) 47[deg]46.58[min] N. lat., 125[deg]03.15[min] W. long.;
    (47) 47[deg]44.07[min] N. lat., 125[deg]04.28[min] W. long.;
    (48) 47[deg]43.32[min] N. lat., 125[deg]04.41[min] W. long.;
    (49) 47[deg]40.95[min] N. lat., 125[deg]04.14[min] W. long.;
    (50) 47[deg]39.58[min] N. lat., 125[deg]04.97[min] W. long.;
    (51) 47[deg]36.23[min] N. lat., 125[deg]02.77[min] W. long.;
    (52) 47[deg]34.28[min] N. lat., 124[deg]58.66[min] W. long.;
    (53) 47[deg]32.17[min] N. lat., 124[deg]57.77[min] W. long.;
    (54) 47[deg]30.27[min] N. lat., 124[deg]56.16[min] W. long.;
    (55) 47[deg]30.60[min] N. lat., 124[deg]54.80[min] W. long.;
    (56) 47[deg]29.26[min] N. lat., 124[deg]52.21[min] W. long.;
    (57) 47[deg]28.21[min] N. lat., 124[deg]50.65[min] W. long.;
    (58) 47[deg]27.38[min] N. lat., 124[deg]49.34[min] W. long.;
    (59) 47[deg]25.61[min] N. lat., 124[deg]48.26[min] W. long.;
    (60) 47[deg]23.54[min] N. lat., 124[deg]46.42[min] W. long.;
    (61) 47[deg]20.64[min] N. lat., 124[deg]45.91[min] W. long.;
    (62) 47[deg]17.99[min] N. lat., 124[deg]45.59[min] W. long.;
    (63) 47[deg]18.20[min] N. lat., 124[deg]49.12[min] W. long.;
    (64) 47[deg]15.01[min] N. lat., 124[deg]51.09[min] W. long.;
    (65) 47[deg]12.61[min] N. lat., 124[deg]54.89[min] W. long.;
    (66) 47[deg]08.22[min] N. lat., 124[deg]56.53[min] W. long.;
    (67) 47[deg]08.50[min] N. lat., 124[deg]57.74[min] W. long.;
    (68) 47[deg]01.92[min] N. lat., 124[deg]54.95[min] W. long.;
    (69) 47[deg]01.08[min] N. lat., 124[deg]59.22[min] W. long.;
    (70) 46[deg]58.48[min] N. lat., 124[deg]57.81[min] W. long.;
    (71) 46[deg]56.79[min] N. lat., 124[deg]56.03[min] W. long.;
    (72) 46[deg]58.01[min] N. lat., 124[deg]55.09[min] W. long.;
    (73) 46[deg]55.07[min] N. lat., 124[deg]54.14[min] W. long.;
    (74) 46[deg]59.60[min] N. lat., 124[deg]49.79[min] W. long.;
    (75) 46[deg]58.72[min] N. lat., 124[deg]48.78[min] W. long.;
    (76) 46[deg]54.45[min] N. lat., 124[deg]48.36[min] W. long.;
    (77) 46[deg]53.99[min] N. lat., 124[deg]49.95[min] W. long.;
    (78) 46[deg]54.38[min] N. lat., 124[deg]52.73[min] W. long.;
    (79) 46[deg]52.38[min] N. lat., 124[deg]52.02[min] W. long.;
    (80) 46[deg]48.93[min] N. lat., 124[deg]49.17[min] W. long.;
    (81) 46[deg]41.50[min] N. lat., 124[deg]43.00[min] W. long.;
    (82) 46[deg]34.50[min] N. lat., 124[deg]28.50[min] W. long.;
    (83) 46[deg]29.00[min] N. lat., 124[deg]30.00[min] W. long.;
    (84) 46[deg]20.00[min] N. lat., 124[deg]36.50[min] W. long.;
    (85) 46[deg]18.40[min] N. lat., 124[deg]37.70[min] W. long.;
    (86) 46[deg]18.03[min] N. lat., 124[deg]35.46[min] W. long.;
    (87) 46[deg]17.00[min] N. lat., 124[deg]22.50[min] W. long.;
    (88) 46[deg]16.00[min] N. lat., 124[deg]20.62[min] W. long.;
    (89) 46[deg]13.52[min] N. lat., 124[deg]25.49[min] W. long.;
    (90) 46[deg]12.17[min] N. lat., 124[deg]30.74[min] W. long.;
    (91) 46[deg]10.63[min] N. lat., 124[deg]37.96[min] W. long.;

[[Page 1025]]

    (92) 46[deg]09.29[min] N. lat., 124[deg]39.01[min] W. long.;
    (93) 46[deg]02.40[min] N. lat., 124[deg]40.37[min] W. long.;
    (94) 45[deg]56.45[min] N. lat., 124[deg]38.00[min] W. long.;
    (95) 45[deg]51.92[min] N. lat., 124[deg]38.50[min] W. long.;
    (96) 45[deg]47.20[min] N. lat., 124[deg]35.58[min] W. long.;
    (97) 45[deg]46.40[min] N. lat., 124[deg]32.36[min] W. long.;
    (98) 45[deg]46.00[min] N. lat., 124[deg]32.10[min] W. long.;
    (99) 45[deg]41.75[min] N. lat., 124[deg]28.12[min] W. long.;
    (100) 45[deg]36.95[min] N. lat., 124[deg]24.47[min] W. long.;
    (101) 45[deg]31.84[min] N. lat., 124[deg]22.04[min] W. long.;
    (102) 45[deg]27.10[min] N. lat., 124[deg]21.74[min] W. long.;
    (103) 45[deg]20.25[min] N. lat., 124[deg]18.54[min] W. long.;
    (104) 45[deg]18.14[min] N. lat., 124[deg]17.59[min] W. long.;
    (105) 45[deg]11.08[min] N. lat., 124[deg]16.97[min] W. long.;
    (106) 45[deg]04.39[min] N. lat., 124[deg]18.35[min] W. long.;
    (107) 45[deg]03.83[min] N. lat., 124[deg]18.60[min] W. long.;
    (108) 44[deg]58.05[min] N. lat., 124[deg]21.58[min] W. long.;
    (109) 44[deg]47.67[min] N. lat., 124[deg]31.41[min] W. long.;
    (110) 44[deg]44.54[min] N. lat., 124[deg]33.58[min] W. long.;
    (111) 44[deg]39.88[min] N. lat., 124[deg]35.00[min] W. long.;
    (112) 44[deg]32.90[min] N. lat., 124[deg]36.81[min] W. long.;
    (113) 44[deg]30.34[min] N. lat., 124[deg]38.56[min] W. long.;
    (114) 44[deg]30.04[min] N. lat., 124[deg]42.31[min] W. long.;
    (115) 44[deg]26.84[min] N. lat., 124[deg]44.91[min] W. long.;
    (116) 44[deg]17.99[min] N. lat., 124[deg]51.04[min] W. long.;
    (117) 44[deg]12.92[min] N. lat., 124[deg]56.28[min] W. long.;
    (118) 44[deg]00.14[min] N. lat., 124[deg]55.25[min] W. long.;
    (119) 43[deg]57.68[min] N. lat., 124[deg]55.48[min] W. long.;
    (120) 43[deg]56.66[min] N. lat., 124[deg]55.45[min] W. long.;
    (121) 43[deg]56.47[min] N. lat., 124[deg]34.61[min] W. long.;
    (122) 43[deg]42.73[min] N. lat., 124[deg]32.41[min] W. long.;
    (123) 43[deg]30.92[min] N. lat., 124[deg]34.43[min] W. long.;
    (124) 43[deg]20.83[min] N. lat., 124[deg]39.39[min] W. long.;
    (125) 43[deg]17.45[min] N. lat., 124[deg]41.16[min] W. long.;
    (126) 43[deg]07.04[min] N. lat., 124[deg]41.25[min] W. long.;
    (127) 43[deg]03.45[min] N. lat., 124[deg]44.36[min] W. long.;
    (128) 43[deg]03.91[min] N. lat., 124[deg]50.81[min] W. long.;
    (129) 42[deg]55.70[min] N. lat., 124[deg]52.79[min] W. long.;
    (130) 42[deg]54.12[min] N. lat., 124[deg]47.36[min] W. long.;
    (131) 42[deg]50.00[min] N. lat., 124[deg]45.33[min] W. long.;
    (132) 42[deg]44.00[min] N. lat., 124[deg]42.38[min] W. long.;
    (133) 42[deg]40.50[min] N. lat., 124[deg]41.71[min] W. long.;
    (134) 42[deg]38.23[min] N. lat., 124[deg]41.25[min] W. long.;
    (135) 42[deg]33.02[min] N. lat., 124[deg]42.38[min] W. long.;
    (136) 42[deg]31.90[min] N. lat., 124[deg]42.04[min] W. long.;
    (137) 42[deg]30.08[min] N. lat., 124[deg]42.67[min] W. long.;
    (138) 42[deg]28.28[min] N. lat., 124[deg]47.08[min] W. long.;
    (139) 42[deg]25.22[min] N. lat., 124[deg]43.51[min] W. long.;
    (140) 42[deg]19.23[min] N. lat., 124[deg]37.91[min] W. long.;
    (141) 42[deg]16.29[min] N. lat., 124[deg]36.11[min] W. long.;
    (142) 42[deg]13.67[min] N. lat., 124[deg]35.81[min] W. long.;
    (143) 42[deg]05.66[min] N. lat., 124[deg]34.92[min] W. long.;
    (144) 42[deg]00.00[min] N. lat., 124[deg]35.27[min] W. long.;
    (145) 41[deg]47.04[min] N. lat., 124[deg]27.64[min] W. long.;
    (146) 41[deg]32.92[min] N. lat., 124[deg]28.79[min] W. long.;
    (147) 41[deg]24.17[min] N. lat., 124[deg]28.46[min] W. long.;
    (148) 41[deg]10.12[min] N. lat., 124[deg]20.50[min] W. long.;
    (149) 40[deg]51.41[min] N. lat., 124[deg]24.38[min] W. long.;
    (150) 40[deg]43.71[min] N. lat., 124[deg]29.89[min] W. long.;
    (151) 40[deg]40.14[min] N. lat., 124[deg]30.90[min] W. long.;
    (152) 40[deg]37.35[min] N. lat., 124[deg]29.05[min] W. long.;
    (153) 40[deg]34.76[min] N. lat., 124[deg]29.82[min] W. long.;
    (154) 40[deg]36.78[min] N. lat., 124[deg]37.06[min] W. long.;

[[Page 1026]]

    (155) 40[deg]32.44[min] N. lat., 124[deg]39.58[min] W. long.;
    (156) 40[deg]30.00[min] N. lat., 124[deg]38.13[min] W. long.;
    (157) 40[deg]24.82[min] N. lat., 124[deg]35.12[min] W. long.;
    (158) 40[deg]23.30[min] N. lat., 124[deg]31.60[min] W. long.;
    (159) 40[deg]23.52[min] N. lat., 124[deg]28.78[min] W. long.;
    (160) 40[deg]22.43[min] N. lat., 124[deg]25.00[min] W. long.;
    (161) 40[deg]21.72[min] N. lat., 124[deg]24.94[min] W. long.;
    (162) 40[deg]21.87[min] N. lat., 124[deg]27.96[min] W. long.;
    (163) 40[deg]21.40[min] N. lat., 124[deg]28.74[min] W. long.;
    (164) 40[deg]19.68[min] N. lat., 124[deg]28.49[min] W. long.;
    (165) 40[deg]17.73[min] N. lat., 124[deg]25.43[min] W. long.;
    (166) 40[deg]18.37[min] N. lat., 124[deg]23.35[min] W. long.;
    (167) 40[deg]15.75[min] N. lat., 124[deg]26.05[min] W. long.;
    (168) 40[deg]16.75[min] N. lat., 124[deg]33.71[min] W. long.;
    (169) 40[deg]16.29[min] N. lat., 124[deg]34.36[min] W. long.; and
    (170) 40[deg]10.00[min] N. lat., 124[deg]21.12[min] W. long.

[61 FR 35550, July 5, 1996]

    Editorial Note: For Federal Register citations affecting Sec. 
300.63, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 300.64  Fishing by U.S. treaty Indian tribes.

    (a) Halibut fishing in subarea 2A-1 by members of U.S. treaty Indian 
tribes located in the State of Washington is governed by this section.
    (b) Commercial fishing for halibut by treaty Indians is permitted 
only in subarea 2A-1 with hook-and-line gear in conformance with the 
season and quota established annually by the Commission.
    (c) Commercial fishing periods and management measures to implement 
paragraph (b) of this section will be established by treaty Indian 
tribal regulations.
    (d) Commercial fishing for halibut by treaty Indians shall comply 
with the Commission's management measures governing size limits, careful 
release of halibut, logs, receipt and possession, and fishing gear 
(published pursuant to Sec. 300.62), except that the 72-hour fishing 
restriction preceding the opening of a halibut fishing period shall not 
apply to treaty Indian fishing.
    (e) Ceremonial and subsistence fishing for halibut by treaty Indians 
in subarea 2A-1 is permitted with hook-and-line gear from January 1 to 
December 31.
    (f) No size or bag limits shall apply to the ceremonial and 
subsistence fishery, except that when commercial halibut fishing is 
prohibited pursuant to paragraph (b) of this section, treaty Indians may 
take and retain not more than two halibut per person per day.
    (g) Halibut taken for ceremonial and subsistence purposes shall not 
be offered for sale or sold.
    (h) Any member of a U.S. treaty Indian tribe who is engaged in 
commercial or ceremonial and subsistence fishing under this section must 
have on his or her person a valid treaty Indian identification card 
issued pursuant to 25 CFR part 249, subpart A, and must comply with the 
treaty Indian vessel and gear identification requirements of Final 
Decision No. 1 and subsequent orders in United States v. Washington 384 
F. Supp. 312 (W.D. Wash., 1974).
    (i) The following table sets forth the fishing areas of each of the 
12 treaty Indian tribes fishing pursuant to this section. Within subarea 
2A-1, boundaries of a tribe's fishing area may be revised as ordered by 
a Federal Court.

------------------------------------------------------------------------
                   Tribe                             Boundaries
------------------------------------------------------------------------
HOH.......................................  Between
                                             47[deg]54[min]18[sec] N.
                                             lat. (Quillayute River) and
                                             47[deg]21[min]00[sec] N.
                                             lat. (Quinault River), and
                                             east of
                                             125[deg]44[min]00[sec] W.
                                             long.
JAMESTOWN S'KLALLAM.......................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             626 F. Supp. 1486, to be
                                             places at which the
                                             Jamestown S'Klallam Tribe
                                             may fish under rights
                                             secured by treaties with
                                             the United States.

[[Page 1027]]

 
LOWER ELWHA S'KLALLAM.....................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             459 F. Supp. 1049 and 1066
                                             and 626 F. Supp. 1443, to
                                             be places at which the
                                             Lower Elwha S'Klallam Tribe
                                             may fish under rights
                                             secured by treaties with
                                             the United States.
LUMMI.....................................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             384 F. Supp. 360, as
                                             modified in Subproceeding
                                             No. 89-08 (W.D. Wash.,
                                             February 13, 1990)
                                             (decision and order re:
                                             cross-motions for summary
                                             judgement), to be places at
                                             which the Lummi Tribe may
                                             fish under rights secured
                                             by treaties with the United
                                             States.
MAKAH.....................................  North of
                                             48[deg]02[min]15[sec] N.
                                             lat. (Norwegian Memorial),
                                             west of
                                             123[deg]42[min]30[sec] W.
                                             long., and east of
                                             125[deg]44[min]00[sec] W.
                                             long.
NOOKSACK..................................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.
                                             1974), and particularly at
                                             459 F. Supp. 1049, to be
                                             places at which the
                                             Nooksack Tribe may fish
                                             under rights secured by
                                             treaties with the United
                                             States.
PORT GAMBLE S'KLALLAM.....................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             626 F. Supp. 1442, to be
                                             places at which the Port
                                             Gamble S'Klallam Tribe may
                                             fish under rights secured
                                             by treaties with the United
                                             States.
QUILEUTE..................................  Between
                                             48[deg]07[min]36[sec] N.
                                             lat. (Sand Point) and
                                             47[deg]31[min]42[sec] N.
                                             lat. (Queets River), and
                                             east of
                                             125[deg]44[min]00[sec] W.
                                             long.
QUINAULT..................................  Between
                                             47[deg]40[min]06[sec] N.
                                             lat. (Destruction Island)
                                             and 46[deg]53[min]18[sec]
                                             N. lat. (Point Chehalis),
                                             and east of
                                             125[deg]44[min]00[sec] W.
                                             long.
SKOKOMISH.................................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             384 F. Supp. 377, to be
                                             places at which the
                                             Skokomish Tribe may fish
                                             under rights secured by
                                             treaties with the United
                                             States.
SUQUAMISH.................................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             459 F. Supp. 1049, to be
                                             places at which the
                                             Suquamish Tribe may fish
                                             under rights secured by
                                             treaties with the United
                                             States.
SWINOMISH.................................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             459 F. Supp. 1049, to be
                                             places at which the
                                             Swinomish Tribe may fish
                                             under rights secured by
                                             treaties with the United
                                             States.
TULALIP...................................  Those locations in the
                                             Strait of Juan de Fuca and
                                             Puget Sound as determined
                                             in or in accordance with
                                             Final Decision No. 1 and
                                             subsequent orders in United
                                             States v. Washington, 384
                                             F. Supp. 312 (W.D. Wash.,
                                             1974), and particularly at
                                             626 F. Supp. 1531-1532, to
                                             be places at which the
                                             Tulalip Tribe may fish
                                             under rights secured by
                                             treaties with the United
                                             States.
------------------------------------------------------------------------


[61 FR 35550, July 5, 1996, as amended at 74 FR 11697, March 19, 2009; 
76 FR 14319, Mar. 16, 2011]



Sec. 300.65  Catch sharing plan and domestic management measures in 
waters in and off Alaska.

    (a) A catch sharing plan (CSP) may be developed by the North Pacific 
Fishery Management Council and approved by NMFS for portions of the 
fishery. Any approved CSP may be obtained from the Administrator, Alaska 
Region, NMFS.
    (b) The catch sharing plan for Commission regulatory area 4 
allocates the annual TAC among area 4 subareas and will be implemented 
by the Commission in annual management measures published pursuant to 50 
CFR 300.62.
    (c) Guideline harvest level. (1) The annual GHLs for Regulatory 
Areas 2C and 3A are determined as follows:

------------------------------------------------------------------------
  If the Annual Total Constant Exploitation
       Yield for Halibut is More Than:           Then the GHL will be:
------------------------------------------------------------------------
(i) Regulatory Area 2C
------------------------------------------------------------------------
(A) 9,027,000 lb                               1,432,000 lb
(4,094.6 mt)                                   (649.5 mt)
------------------------------------------------------------------------
(B) 7,965,000 lb                               1,217,000 lb
(3,612.9 mt)                                   (552.0 mt)
------------------------------------------------------------------------
(C) 6,903,000 lb                               1,074,000 lb
(3,131.1 mt)                                   (487.2 mt)
------------------------------------------------------------------------

[[Page 1028]]

 
(D) 5,841,000 lb                               931,000 lb
(2,649.4 mt)                                   (422.3 mt)
------------------------------------------------------------------------
(E) 4,779,000 lb                               788,000 lb
(2,167.7 mt)                                   (357.4 mt)
------------------------------------------------------------------------
(ii) Regulatory Area 3A
------------------------------------------------------------------------
(A) 21,581,000 lb                              3,650,000 lb
(9,789.0 mt)                                   (1,655.6 mt)
------------------------------------------------------------------------
(B) 19,042,000 lb                              3,103,000 lb
(8,637.3 mt)                                   (1,407.5 mt)
------------------------------------------------------------------------
(C) 16,504,000 lb                              2,734,000 lb
(7,486.1 mt)                                   (1,240.1 mt)
------------------------------------------------------------------------
(D) 13,964,000 lb                              2,373,000 lb
(6,334.0 mt)                                   (1,076.4 mt)
------------------------------------------------------------------------
(E) 11,425,000 lb                              2,008,000 lb
(5,182.3 mt)                                   (910.8 mt)
------------------------------------------------------------------------

    (2) NMFS will publish a notice in the Federal Register on an annual 
basis announcing the GHL based on the table in paragraph (c)(1) of this 
section for Area 2C and Area 3A for that calendar year after the IPHC 
establishes the constant exploitation yield for that year.
    (3) The announced GHLs for Area 2C and 3A are intended to be the 
benchmarks for charter halibut harvest in those areas for the year in 
which it is announced pursuant to paragraph (c)(2) of this section. NMFS 
may take action at any time to limit the charter halibut harvest to as 
close to the GHL as practicable.
    (d) Charter vessels in Area 2C and Area 3A--(1) General 
requirements--(i) Logbook submission. For a charter vessel fishing trip 
during which halibut were caught and retained on or after the first 
Monday in April and on or before December 31, Alaska Department of Fish 
and Game (ADF&G) Saltwater Sport Fishing Charter Trip Logbook data 
sheets must be submitted to the ADF&G and postmarked or received no 
later than 14 calendar days after the Monday of the fishing week (as 
defined in 50 CFR 300.61) in which the halibut were caught and retained. 
Logbook sheets for a charter vessel fishing trip during which halibut 
were caught and retained on January 1 through the first Sunday in April, 
must be submitted to the ADF&G and postmarked or received no later than 
the second Monday in April.
    (ii) The charter vessel guide is responsible for complying with the 
reporting requirements of this paragraph (d). The employer of the 
charter vessel guide is responsible for ensuring that the charter vessel 
guide complies with the reporting requirements of this paragraph (d).
    (iii) If halibut were caught and retained in IPHC Regulatory Area 2C 
and Area 3A during the same charter vessel fishing trip, then a separate 
Alaska Department of Fish and Game Saltwater Sport Fishing Charter Trip 
Logbook data sheet must be completed and submitted for each IPHC 
regulatory area to record the halibut caught and retained within that 
IPHC regulatory area. The completed logbook sheets for each IPHC 
regulatory area must indicate the primary statistical area in which the 
halibut were caught and retained.
    (2) Charter vessels in Area 2C--(i) Daily bag limit. The number of 
halibut caught and retained by each charter vessel angler in Area 2C is 
limited to no more than one halibut per calendar day.
    (ii) Charter vessel guide and crew restriction. A charter vessel 
guide, a charter vessel operator, and any crew member of a charter 
vessel must not catch and retain halibut during a charter fishing trip.
    (iii) Line limit. The number of lines used to fish for halibut 
onboard a vessel must not exceed six or the number of charter vessel 
anglers, whichever is less.
    (iv) Recordkeeping and reporting requirements in Area 2C. Each 
charter vessel angler and charter vessel guide onboard a vessel in Area 
2C must comply with the following recordkeeping and reporting 
requirements (see paragraphs (d)(2)(iv)(A) and (B) of this section) by 
the end of the day or by the end of the charter vessel fishing trip, 
whichever comes first:
    (A) Charter vessel angler signature requirement. Each charter vessel 
angler who retains halibut caught in Area 2C must acknowledge that his 
or her information and the number of halibut retained (kept) are 
recorded correctly by signing the Alaska Department of

[[Page 1029]]

Fish and Game Saltwater Sport Fishing Charter Trip Logbook data sheet on 
the line number that corresponds to the angler's information.
    (B) Charter vessel guide requirements. If halibut were caught and 
retained in Area 2C, the charter vessel guide must record the following 
information (see paragraphs (d)(2)(iv)(B)(1) through (6) of this 
section) in the Alaska Department of Fish and Game Saltwater Sport 
Fishing Charter Trip Logbook:
    (1) Guide license number. The Alaska Department of Fish and Game 
sport fishing guide license number held by charter vessel guide who 
certified the logbook data sheet.
    (2) Date. Month and day for each charter vessel fishing trip taken. 
A separate logbook data sheet is required for each charter vessel 
fishing trip if two or more trips were taken on the same day. A separate 
logbook data sheet is required for each calendar day that halibut are 
caught and retained during a multi-day trip.
    (3) Angler sport fishing license number and printed name. Before a 
charter vessel fishing trip begins, record for each charter vessel 
angler the Alaska Sport Fishing License number for the current year, 
resident permanent license number, or disabled veteran license number, 
and print the name of each paying and nonpaying charter vessel angler 
onboard that will fish for halibut. Record the name of each angler not 
required to have an Alaska Sport Fishing License or its equivalent.
    (4) Number of halibut retained. For each charter vessel angler, 
record the number of halibut caught and retained.
    (5) Signature. Acknowledge that the recorded information is correct 
by signing the logbook data sheet.
    (6) Angler signature. The charter vessel guide is responsible for 
ensuring that charter vessel anglers comply with the signature 
requirements at paragraph (d)(2)(iv)(A) of this section.
    (e) The Local Area Management Plan (LAMP) for Sitka Sound provides 
guidelines for participation in the halibut fishery in Sitka Sound.
    (1) For purposes of this section, Sitka Sound means (See Figure 1 to 
subpart E):
    (i) With respect to paragraph (e)(2) of this section, that part of 
the Commission regulatory area 2C that is enclosed on the north and 
east:
    (A) By a line from Kruzof Island at 57[deg]20[min]30[sec] N. lat., 
135[deg]45[min]10[sec] W. long. to Chichagof Island at 
57[deg]22[min]03[sec] N. lat., 135[deg]43[min]00[sec] W. long., and
    (B) By a line from Chichagof Island at 57[deg]22[min]35[sec] N. 
lat., 135[deg]41[min]18[sec] W. long. to Baranof Island at 
57[deg]22[min]17[sec] N. lat., 135[deg]40[min]57[sec] W. long.; and
    (C) That is enclosed on the south and west by a line from Cape 
Edgecumbe at 56[deg]59[min]54[sec] N. lat., 135[deg]51[min]27[sec] W. 
long. to Vasilief Rock at 56[deg]48[min]56[sec] N. lat., 
135[deg]32[min]30[sec] W. long., and
    (D) To the green day marker in Dorothy Narrows at 
56[deg]49[min]17[sec] N. lat., 135[deg]22[min]45[sec] W. long. to 
Baranof Island at 56[deg]49[min]17[sec] N. lat., 135[deg]22[min]36[sec] 
W. long.
    (ii) With respect to paragraphs (e)(3), (e)(4), and (e)(5) of this 
section, that part of the Commission Regulatory Area 2C that is enclosed 
on the north and east:
    (A) By a line from Kruzof Island at 57[deg]20[min]30[sec] N. lat., 
135[deg]45[min]10[sec] W. long. to Chichagof Island at 
57[deg]22[min]03[sec] N. lat., 135[deg]43[min]00[sec] W. long., and
    (B) A line from Chichagof Island at 57[deg]22[min]35[sec] N. lat., 
135[deg]41[min]18[sec] W. long. to Baranof Island at 
57[deg]22[min]17[sec] N. lat., 135[deg]40[min]57[sec] W. lat.; and
    (C) That is enclosed on the south and west by a line from Sitka 
Point at 56[deg]59[min]23[sec] N. lat., 135[deg]49[min]34[sec] W. long., 
to Hanus Point at 56[deg]51[min]55[sec] N. lat., 135[deg]30[min]30[sec] 
W. long.,
    (D) To the green day marker in Dorothy Narrows at 
56[deg]49[min]17[sec] N. lat., 135[deg]22[min]45[sec] W. long. to 
Baranof Island at 56[deg]49[min]17[sec] N. lat., 135[deg]22[min]36[sec] 
W. long.
    (2) A person using a vessel greater than 35 ft (10.7 m) in overall 
length, as defined at 50 CFR 300.61, is prohibited from fishing for IFQ 
halibut with setline gear, as defined at 50 CFR 300.61, within Sitka 
Sound as defined in paragraph (e)(1)(i) of this section.
    (3) A person using a vessel less than or equal to 35 ft (10.7 m) in 
overall length, as defined at 50 CFR 300.61:
    (i) Is prohibited from fishing for IFQ halibut with setline gear 
within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, 
from June 1 through August 31; and
    (ii) Is prohibited, during the remainder of the designated IFQ 
season, from retaining more than 2,000 lb (0.91 mt) of

[[Page 1030]]

IFQ halibut within Sitka Sound, as defined in paragraph (e)(1)(ii) of 
this section, per IFQ fishing trip, as defined in 50 CFR 300.61.
    (4) No charter vessel shall engage in sport fishing, as defined at 
Sec. 300.61, for halibut within Sitka Sound, as defined in paragraph 
(e)(1)(ii) of this section, from June 1 through August 31.
    (i) No charter vessel shall retain halibut caught while engaged in 
sport fishing, as defined at Sec. 300.61, for other species, within 
Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, from 
June 1 through August 31.
    (ii) Notwithstanding paragraphs (e)(4) and (e)(4)(i) of this 
section, halibut harvested outside Sitka Sound, as defined in paragraph 
(e)(1)(ii) of this section, may be retained onboard a charter vessel 
engaged in sport fishing, as defined in Sec. 300.61, for other species 
within Sitka Sound, as defined in paragraph (e)(1)(ii) of this section, 
from June 1 through August 31.
    (5) Setline gear may not be used in a 4 nm radius extending south 
from Low Island at 57[deg]00.70[min] N. lat., 135[deg]36.57[min] W. 
long. within Sitka Sound, as defined in paragraph (e)(1)(ii) of this 
section, from June 1 through August 31.
    (f) Sitka Pinnacles Marine Reserve. (1) For purposes of this 
paragraph (f), the Sitka Pinnacles Marine Reserve means an area totaling 
2.5 square nm off Cape Edgecumbe, defined by straight lines connecting 
the following points in a counterclockwise manner:

    56[deg]55.5[min]N lat., 135[deg]54.0[min]W long;
    56[deg]57.0[min]N lat., 135[deg]54.0[min]W long;
    56[deg]57.0[min]N lat., 135[deg]57.0[min]W long;
    56[deg]55.5[min]N lat., 135[deg]57.0[min]W long.

    (2) No person shall engage in commercial, sport or subsistence 
fishing, as defined at Sec. 300.61, for halibut within the Sitka 
Pinnacles Marine Reserve.
    (3) No person shall anchor a vessel within the Sitka Pinnacles 
Marine Reserve if halibut is on board.
    (g) Subsistence fishing in and off Alaska. No person shall engage in 
subsistence fishing for halibut unless that person meets the 
requirements in paragraphs (g)(1), (g)(2), or (g)(3) of this section.
    (1) A person is eligible to harvest subsistence halibut if he or she 
is a rural resident of a community with customary and traditional uses 
of halibut listed in the following table:

                       Halibut Regulatory Area 2C
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Angoon....................................  Municipality
Coffman Cove..............................  Municipality
Craig.....................................  Municipality
Edna Bay..................................  Census Designated Place
Elfin Cove................................  Census Designated Place
Gustavus..................................  Census Designated Place
Haines....................................  Municipality
Hollis....................................  Census Designated Place
Hoonah....................................  Municipality
Hydaburg..................................  Municipality
Hyder.....................................  Census Designated Place
Kake......................................  Municipality
Kasaan....................................  Municipality
Klawock...................................  Municipality
Klukwan...................................  Census Designated Place
Metlakatla................................  Census Designated Place
Meyers Chuck..............................  Census Designated Place
Naukati...................................  Municipality
Pelican...................................  Municipality
Petersburg................................  Municipality
Point Baker...............................  Census Designated Place
Port Alexander............................  Municipality
Port Protection...........................  Census Designated Place
Saxman....................................  Municipality
Sitka.....................................  Municipality
Skagway...................................  Municipality
Tenakee Springs...........................  Municipality
Thorne Bay................................  Municipality
Whale Pass................................  Census Designated Place
Wrangell..................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 3A
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Akhiok....................................  Municipality
Chenega Bay...............................  Census Designated Place
Cordova...................................  Municipality
Karluk....................................  Census Designated Place
Kodiak City...............................  Municipality
Larsen Bay................................  Municipality
Nanwalek..................................  Census Designated Place
Old Harbor................................  Municipality
Ouzinkie..................................  Municipality
Port Graham...............................  Census Designated Place
Port Lions................................  Municipality
Seldovia..................................  Municipality
Tatitlek..................................  Census Designated Place
Yakutat...................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 3B
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Chignik Bay...............................  Municipality
Chignik Lagoon............................  Census Designated Place
Chignik Lake..............................  Census Designated Place
Cold Bay..................................  Municipality
False Pass................................  Municipality
Ivanof Bay................................  Census Designated Place
King Cove.................................  Municipality
Nelson Lagoon.............................  Census Designated Place
Perryville................................  Census Designated Place
Sand Point................................  Municipality
------------------------------------------------------------------------


[[Page 1031]]


                       Halibut Regulatory Area 4A
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Akutan....................................  Municipality
Nikolski..................................  Census Designated Place
Unalaska..................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4B
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Adak......................................  Census Designated Place
Atka......................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4C
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
St. George................................  Municipality
St. Paul..................................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4D
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Gambell...................................  Municipality
Savoonga..................................  Municipality
Diomede (Inalik)..........................  Municipality
------------------------------------------------------------------------


                       Halibut Regulatory Area 4E
------------------------------------------------------------------------
              Rural Community                     Organized Entity
------------------------------------------------------------------------
Alakanuk..................................  Municipality
Aleknegik.................................  Municipality
Bethel....................................  Municipality
Brevig Mission............................  Municipality
Chefornak.................................  Municipality
Chevak....................................  Municipality
Clark's Point.............................  Municipality
Council...................................  Census Designated Place
Dillingham................................  Municipality
Eek.......................................  Municipality
Egegik....................................  Municipality
Elim......................................  Municipality
Emmonak...................................  Municipality
Golovin...................................  Municipality
Goodnews Bay..............................  Municipality
Hooper Bay................................  Municipality
King Salmon...............................  Census Designated Place
Kipnuk....................................  Census Designated Place
Kongiganak................................  Census Designated Place
Kotlik....................................  Municipality
Koyuk.....................................  Municipality
Kwigillingok..............................  Census Designated Place
Levelock..................................  Census Designated Place
Manokotak.................................  Municipality
Mekoryak..................................  Municipality
Naknek....................................  Census Designated Place
Napakiak..................................  Municipality
Napaskiak.................................  Municipality
Newtok....................................  Census Designated Place
Nightmute.................................  Municipality
Nome......................................  Municipality
Oscarville................................  Census Designated Place
Pilot Point...............................  Municipality
Platinum..................................  Municipality
Port Heiden...............................  Municipality
Quinhagak.................................  Municipality
Scammon Bay...............................  Municipality
Shaktoolik................................  Municipality
Sheldon Point (Nunam Iqua)................  Municipality
Shishmaref................................  Municipality
Solomon...................................  Census Designated Place
South Naknek..............................  Census Designated Place
St. Michael...............................  Municipality
Stebbins..................................  Municipality
Teller....................................  Municipality
Togiak....................................  Municipality
Toksook Bay...............................  Municipality
Tuntutuliak...............................  Census Designated Place
Tununak...................................  Census Designated Place
Twin Hills................................  Census Designated Place
Ugashik...................................  Census Designated Place
Unalakleet................................  Municipality
Wales.....................................  Municipality
White Mountain............................  Municipality
------------------------------------------------------------------------

    (2) A person is eligible to harvest subsistence halibut if he or she 
is a member of an Alaska Native tribe with customary and traditional 
uses of halibut listed in the following table:

                       Halibut Regulatory Area 2C
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Angoon....................................  Angoon Community Association
Craig.....................................  Craig Community Association
Haines....................................  Chilkoot Indian Association
Hoonah....................................  Hoonah Indian Association
Hydaburg..................................  Hydaburg Cooperative
                                             Association
Juneau....................................  Aukquan Traditional Council
                                            Central Council Tlingit and
                                             Haida Indian Tribes
                                            Douglas Indian Association
Kake......................................  Organized Village of Kake
Kasaan....................................  Organized Village of Kasaan
Ketchikan.................................  Ketchikan Indian Corporation
Klawock...................................  Klawock Cooperative
                                             Association
Klukwan...................................  Chilkat Indian Village
Metlakatla................................  Metlakatla Indian Community,
                                             Annette Island Reserve
Petersburg................................  Petersburg Indian
                                             Association
Saxman....................................  Organized Village of Saxman
Sitka.....................................  Sitka Tribe of Alaska
Skagway...................................  Skagway Village
Wrangell..................................  Wrangell Cooperative
                                             Association
------------------------------------------------------------------------


                       Halibut Regulatory Area 3A
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Akhiok....................................  Native Village of Akhiok
Chenega Bay...............................  Native Village of Chanega
Cordova...................................  Native Village of Eyak
Karluk....................................  Native Village of Karluk
Kenai-Soldotna............................  Kenaitze Indian Tribe
                                            Village of Salamatoff
Kodiak City...............................  Lesnoi Village (Woody
                                             Island)
                                            Native Village of Afognak
                                            Shoonaq' Tribe of Kodiak
Larsen Bay................................  Native Village of Larsen Bay
Nanwalek..................................  Native Village of Nanwalek

[[Page 1032]]

 
Ninilchik.................................  Ninilchik Village
Old Harbor................................  Village of Old Harbor
Ouzinkie..................................  Native Village of Ouzinkie
Port Graham...............................  Native Village of Port
                                             Graham
Port Lions................................  Native Village of Port Lions
Seldovia..................................  Seldovia Village Tribe
Tatitlek..................................  Native Village of Tatitlek
Wasilla...................................  Village of Kanatak
Yakutat...................................  Yakutat Tlingit Tribe
------------------------------------------------------------------------


                       Halibut Regulatory Area 3B
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Chignik Bay...............................  Native Village of Chignik
Chignik Lagoon............................  Native Village of Chignik
                                             Lagoon
Chignik Lake..............................  Chignik Lake Village
False Pass................................  Native Village of False Pass
Ivanof Bay................................  Ivanoff Bay Village
King Cove.................................  Agdaagux Tribe of King Cove
                                            Native Village of Belkofski
Nelson Lagoon.............................  Native Village of Nelson
                                             Lagoon
Perryville................................  Native Village of Perryville
Sand Point................................  Pauloff Harbor Village
                                            Native Village of Unga
                                            Qagan Tayagungin Tribe of
                                             Sand Point Village
------------------------------------------------------------------------


                       Halibut Regulatory Area 4A
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Akutan....................................  Native Village of Akutan
Nikolski..................................  Native Village of Nikolski
Unalaska..................................  Qawalingin Tribe of Unalaska
------------------------------------------------------------------------


                       Halibut Regulatory Area 4B
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Atka......................................  Native Village of Atka
------------------------------------------------------------------------


                       Halibut Regulatory Area 4C
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
 
St. George................................  Pribilof Islands Aleut
St. Paul..................................   Communities of St. Paul
                                             Island and St. George
                                             Island
------------------------------------------------------------------------


                       Halibut Regulatory Area 4D
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Gambell...................................  Native Village of Gambell
Savoonga..................................  Native Village of Savoonga
Diomede (Inalik)..........................  Native Village of Diomede
                                             (Inalik)
------------------------------------------------------------------------


                       Halibut Regulatory Area 4E
------------------------------------------------------------------------
      Place with Tribal Headquarters           Organized Tribal Entity
------------------------------------------------------------------------
Alakanuk..................................  Village of Alakanuk
Aleknagik.................................  Native Village of Aleknagik
Bethel....................................  Orutsararmuit Native Village
Brevig Mission............................  Native Village of Brevig
                                             Mission
Chefornak.................................  Village of Chefornak
Chevak....................................  Chevak Native Village
Clark's Point.............................  Village of Clark's Point
Council...................................  Native Village of Council
Dillingham................................  Native Village of Dillingham
                                            Native Village of Ekuk
                                            Native Village of Kanakanak
Eek.......................................  Native Village of Eek
Egegik....................................  Egegik Village
Elim......................................  Native Village of Elim
Emmonak...................................  Chuloonawick Native Village
                                            Emmonak Village
Golovin...................................  Chinik Eskimo Community
Goodnews Bay..............................  Native Village of Goodnews
                                             Bay
Hooper Bay................................  Native Village of Hooper Bay
                                            Native Village of Paimiut
King Salmon...............................  King Salmon Tribal Council
Kipnuk....................................  Native Village of Kipnuk
Kongiganak................................  Native Village of Kongiganak
Kotlik....................................  Native Village of Hamilton
                                            Village of Bill Moore's
                                             Slough
                                            Village of Kotlik
Koyuk.....................................  Native Village of Koyuk
Kwigillingok..............................  Native Village of
                                             Kwigillingok
Levelock..................................  Levelock Village
Manokotak.................................  Manokotak Village
Mekoryak..................................  Native Village of Mekoryak
Naknek....................................  Naknek Native Village
Napakiak..................................  Native Village of Napakiak
Napaskiak.................................  Native Village of Napaskiak
Newtok....................................  Newtok Village
Nightmute.................................  Native Village of Nightmute
                                            Umkumiute Native Village
Nome......................................  King Island Native Community
                                            Nome Eskimo Community
Oscarville................................  Oscarville Traditional
                                             Village
Pilot Point...............................  Native Village of Pilot
                                             Point
Platinum..................................  Platinum Traditional Village
Port Heiden...............................  Native Village of Port
                                             Heiden
Quinhagak.................................  Native Village of Kwinhagak
Scammon Bay...............................  Native Village of Scammon
                                             Bay
Shaktoolik................................  Native Village of Shaktoolik
Sheldon Point (Nunam Iqua)................  Native Village of Sheldon's
                                             Point
Shishmaref................................  Native Village of Shishmaref
Solomon...................................  Village of Solomon
South Naknek..............................  South Naknek Village
St. Michael...............................  Native Village of Saint
                                             Michael
Stebbins..................................  Stebbins Community
                                             Association
Teller....................................  Native Village of Mary's
                                             Igloo
                                            Native Village of Teller
Togiak....................................  Traditional Village of
                                             Togiak
Toksook Bay...............................  Native Village of Toksook
                                             Bay
Tuntutuliak...............................  Native Village of
                                             Tuntutuliak
Tununak...................................  Native Village of Tununak
Twin Hills................................  Twin Hills Village
Ugashik...................................  Ugashik Village
Unalakleet................................  Native Village of Unalakleet
Wales.....................................  Native Village of Wales
White Mountain............................  Native Village of White
                                             Mountain
------------------------------------------------------------------------

    (3) A person is eligible to harvest subsistence halibut if he or she 
is a rural resident in one of the rural areas of Alaska described as 
follows:

[[Page 1033]]

    (i) Southeast Alaska east of 141[deg] W. long., except for the land 
areas of the Ketchikan Gateway Borough as described at paragraph 
(g)(4)(i) of this section, the land areas of the City and Borough of 
Juneau, and the Ketchikan and Juneau non-subsistence marine waters areas 
as defined in paragraphs (h)(3)(i) and (h)(3)(ii) of this section (see 
figures 2 and 3 to this subpart E).
    (ii) The Alaska Peninsula, Aleutian Islands, Kodiak Island 
Archipelago, and the area south of the northern boundary of the Bristol 
Bay Borough and south of 58[deg]39.2[min] N. lat. (see figures 5, 6, and 
7 to this subpart E).
    (iii) Nelson, Nunivak, and Saint Lawrence Islands (see figure 6 to 
this subpart E).
    (iv) All other areas of Alaska within ten statute miles of mean high 
water on the Bering Sea and Pacific Ocean coasts, south of Cape 
Espenberg, including along the Kuskokwim River to Bethel, and that are 
not specified as non-rural land or water areas as defined in paragraph 
(g)(4) of this section (see figures 4, 5, 6, and 7 to this subpart E).
    (4) Non-rural areas consist of the non-subsistence marine waters 
areas defined in paragraph (h)(3) of this section and the land areas of 
the following cities and boroughs for purposes of the subsistence 
fishery for Pacific halibut in waters in and off Alaska:
    (i) The Ketchikan Gateway Borough on May 18, 2008. This area 
encompasses all those islands bounded on the east, north, and west by 
Behm Canal, Behm Narrows, and Clarence Strait to its junction with 
Nichols Passage, and on the south by Nichols and Revillagigedo Channel 
to its junction with Behm Canal. The designated boundaries extend to the 
center line of Behm Canal, Behm Narrows, Clarence Strait, Nichols 
Passage, and Revillagigedo Channel, and include all the area of 
Revillagigedo, Gravina, Pennock, Betton, Grant and other Clover Passage 
and Naha Bay Islands, Hassler, Gedney, Black, Smeaton, Manzanita, 
Rudyerd, and Bold Islands, and all other offshore and adjacent islands 
and inlets thereto (see figure 2 to this subpart E).
    (ii) The City and Borough of Juneau (see figure 3 to this subpart 
E).
    (iii) The Greater Anchorage Area Borough (see figures 4 and 5 to 
this subpart E).
    (iv) The Matanuska-Susitna Borough (see figure 5 to this subpart E).
    (v) The Kenai Peninsula Borough excluding the area of the Seldovia 
Census Designated Place, the area south and west of that place, and the 
area south and west of a line that runs from 59[deg]27.5[min] N. lat., 
151[deg]31.7[min] W. long. to 59[deg]12.5[min] N. lat., 
151[deg]18.5[min] W. long (see figure 5 to this subpart E).
    (vi) The City of Valdez (see figures 4 and 5 to this subpart E).
    (h) Limitations on subsistence fishing. Subsistence fishing for 
halibut may be conducted only by persons who qualify for such fishing 
pursuant to paragraph (g) of this section and who hold a valid 
subsistence halibut registration certificate in that person's name 
issued by NMFS pursuant to paragraph (i) of this section, provided that 
such fishing is consistent with the following limitations.
    (1) Subsistence fishing is limited to setline gear and hand-held 
gear, including longline, handline, rod and reel, spear, jig and hand-
troll gear.
    (i) Subsistence fishing gear set or retrieved from a vessel while 
engaged in subsistence fishing for halibut must not have more than the 
allowable number of hooks per vessel, or per person registered in 
accordance with paragraph (i) of this section and aboard the vessel, 
whichever is less, according to the regulatory area and permit type 
indicated in the following table:

----------------------------------------------------------------------------------------------------------------
           Regulatory Area                         Permit Type                        Gear Restrictions
----------------------------------------------------------------------------------------------------------------
2C--Except Sitka Sound, and           SHARC...............................  30 hooks per vessel
 Ketchikan and Juneau non-
 subsistence marine waters areas
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  30 hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  30 hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  30 hooks per person onboard up to 90
                                                                             hooks per vessel
----------------------------------------------------------------------------------------------------------------

[[Page 1034]]

 
2C--Sitka Sound                       SHARC...............................  September 1 through May 31: 30 hooks
                                                                             per vessel
                                                                           -------------------------------------
                                      ....................................  June 1 through August 31: 15 hooks
                                                                             per vessel; no power hauling
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  September 1 through May 31: 30 hooks
                                                                             per vessel
                                                                           -------------------------------------
                                      ....................................  June 1 through August 31: fishing
                                                                             under Ceremonial Permit not allowed
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  30 hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  fishing under Community Harvest
                                                                             Permit not allowed
----------------------------------------------------------------------------------------------------------------
2C--Ketchikan and Juneau non-         SHARC...............................  general subsistence halibut fishing
 subsistence marine waters areas                                             not allowed
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  30 hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  30 hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  fishing under Community Harvest
                                                                             Permit not allowed
----------------------------------------------------------------------------------------------------------------
3A--Except Chiniak Bay, and           SHARC...............................  30 hooks per person onboard up to 90
 Anchorage-Matsu-Kenai and Valdez                                            hooks per vessel
 non-subsistence marine waters areas
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  30 hooks per person onboard up to 90
                                                                             hooks per vessel
----------------------------------------------------------------------------------------------------------------
3A--Chiniak Bay                       SHARC...............................  30 hooks per person onboard up to 60
                                                                             hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  30 hooks per person onboard up to 90
                                                                             hooks per vessel
----------------------------------------------------------------------------------------------------------------
3A--Anchorage-Matsu-Kenai and Valdez  SHARC...............................  general subsistence halibut fishing
 non-subsistence marine waters areas                                         not allowed
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  fishing under Community Harvest
                                                                             Permit not allowed
----------------------------------------------------------------------------------------------------------------
3B                                    SHARC...............................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
----------------------------------------------------------------------------------------------------------------
4A and 4B                             SHARC...............................  30 hooks per person onboard up to 90
                                                                             hooks per vessel
----------------------------------------------------------------------------------------------------------------
4C, 4D, and 4E                        SHARC...............................  no hook limit
----------------------------------------------------------------------------------------------------------------

    (ii) All setline gear marker buoys carried on board or used by any 
vessel regulated under this section shall be marked with the following: 
first initial, last name, and address (street, city, and state), 
followed by the letter ``S'' to indicate that it is used to harvest 
subsistence halibut.
    (iii) Markings on setline marker buoys shall be in characters at 
least 4 inches (10.16 cm) in height and 0.5 inch (1.27 cm) in width in a 
contrasting color visible above the water line and shall be maintained 
so the markings are clearly visible.
    (2) The retention of subsistence halibut is limited per person 
eligible to conduct subsistence fishing for halibut and onboard the 
vessel according to the following table:

[[Page 1035]]



----------------------------------------------------------------------------------------------------------------
           Regulatory Area                         Permit Type                        Retention Limits
----------------------------------------------------------------------------------------------------------------
2C--Except Sitka Sound, and           SHARC...............................  20 halibut per day per vessel and in
 Ketchikan and Juneau non-                                                   possession
 subsistence marine waters areas
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  no daily or possession limit
----------------------------------------------------------------------------------------------------------------
2C--Sitka Sound                       SHARC...............................  September 1 through May 31: 10
                                                                             halibut per day per vessel and in
                                                                             possession
                                                                           -------------------------------------
                                      ....................................  June 1 through August 31: 5 halibut
                                                                             per day per vessel and in
                                                                             possession
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  September 1 through May 31: 25
                                                                             halibut per permit
                                                                           -------------------------------------
                                      ....................................  June 1 through August 31: fishing
                                                                             under Ceremonial Permit not allowed
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  fishing under Community Harvest
                                                                             Permit not allowed
----------------------------------------------------------------------------------------------------------------
2C--Ketchikan and Juneau non-         SHARC...............................  general subsistence halibut fishing
 subsistence marine waters areas                                             not allowed
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  fishing under Community Harvest
                                                                             Permit not allowed
----------------------------------------------------------------------------------------------------------------
3A--Including Chiniak Bay, but        SHARC...............................  20 halibut per person per day and in
 excluding Anchorage-Matsu-Kenai and                                         possession
 Valdez non-subsistence marine
 waters areas
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  no daily or possession limit
----------------------------------------------------------------------------------------------------------------
3A--Anchorage-Matsu-Kenai and Valdez  SHARC...............................  general subsistence halibut fishing
 non-subsistence marine waters areas                                         not allowed
                                     ---------------------------------------------------------------------------
                                      Ceremonial Permit...................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Educational Permit..................  25 halibut per permit
                                     ---------------------------------------------------------------------------
                                      Community Harvest Permit............  fishing under Community Harvest
                                                                             Permit not allowed
----------------------------------------------------------------------------------------------------------------
3B                                    SHARC...............................  20 halibut per person per day and in
                                                                             possession
----------------------------------------------------------------------------------------------------------------
4A and 4B                             SHARC...............................  20 halibut per person per day; no
                                                                             possession limit
----------------------------------------------------------------------------------------------------------------
4C, 4D, and 4E                        SHARC...............................  no daily or possession limit
----------------------------------------------------------------------------------------------------------------

    (3) Subsistence fishing may be conducted in any waters in and off 
Alaska except in the four non-subsistence marine waters areas defined as 
follows:
    (i) Ketchikan non-subsistence marine waters area in Commission 
regulatory area 2C (see Figure 2 to subpart E) is defined as those 
waters between a line from Caamano Point at 55[deg]29.90[min] N. lat., 
131[deg]58.25[min] W. long. to Point Higgins at 55[deg]27.42[min] N. 
lat., 131[deg]50.00[min] W. long. and a point at 55[deg]11.78[min] N. 
lat., 131[deg]05.13[min] W. long., located on Point Sykes to a point at 
55[deg]12.22[min] N. lat., 131[deg]05.70[min] W. long., located one-half 
mile northwest of Point Sykes to Point Alava at 55[deg]11.54[min] N. 
lat., 131[deg]11.00[min] W. long. and within one mile of the mainland 
and the Gravina and Revillagigedo Island shorelines, including within 
one mile of the Cleveland Peninsula shoreline and east of the longitude 
of Niblack Point at 132[deg]07.23[min] W. long., and north of the 
latitude of the southernmost tip of Mary Island at 55[deg]02.66[min] N. 
lat.;
    (ii) Juneau non-subsistence marine waters area in Commission 
regulatory area

[[Page 1036]]

2C (see Figure 3 to subpart E) is defined as those waters of Stephens 
Passage and contiguous waters north of the latitude of Midway Island 
Light (57[deg]50.21[min] N. lat.), including the waters of Taku Inlet, 
Port Snettisham, Saginaw Channel, and Favorite Channel, and those waters 
of Lynn Canal and contiguous waters south of the latitude of the 
northernmost entrance of Berners Bay (58[deg]43.07[min] N. lat.), 
including the waters of Berners Bay and Echo Cove, and those waters of 
Chatham Strait and contiguous waters north of the latitude of Point 
Marsden (58[deg]03.42[min] N. lat.), and east of a line from Point 
Couverden at 58[deg]11.38[min] N. lat., 135[deg]03.40[min] W. long., to 
Point Augusta at 58[deg]02.38[min] N. lat., 134[deg]57.11[min] W. long.;
    (iii) The Anchorage-Matsu-Kenai non-subsistence marine waters area 
in Commission Regulatory Area 3A (see figures 4, 5, 6, and 7 to this 
subpart E) is defined as:
    (A) All waters of Cook Inlet north of a line extending from the 
westernmost point of Hesketh Island at 59[deg]30.40[min] N. lat., except 
those waters within mean lower low tide from a point one mile south of 
the southern edge of the Chuitna River (61[deg]05.00[min] N. lat., 
151[deg]01.00[min] W. long.) south to the easternmost tip of Granite 
Point (61[deg]01.00[min] N. lat., 151[deg]23.00[min] W. long.) (Tyonek 
subdistrict); and
    (B) All waters of Alaska south of 59[deg]30.40[min] N. lat. on the 
western shore of Cook Inlet to Cape Douglas (58[deg]51.10[min] N. lat.) 
and in the east to Cape Fairfield (148[deg]50.25[min] W. long.), except 
those waters of Alaska west of a line from the easternmost point of 
Jakolof Bay (151[deg]31.90[min] W. long.), and following the shore to a 
line extending south from the easternmost point of Rocky Bay 
(151[deg]18.41[min] W. long.); and
    (iv) Valdez non-subsistence marine waters area in Commission 
regulatory area 3A (see figures 4 and 5 to this subpart E) is defined as 
the waters of Port Valdez and Valdez Arm located north of 
61[deg]01.38[min] N. lat., and east of 146[deg]43.80[min] W. long.
    (4) Waters in and off Alaska that are not specifically identified as 
non-subsistence marine waters areas in paragraph (h)(3) of this section 
are rural for purposes of subsistence fishing for halibut. Subsistence 
fishing may be conducted in any rural area by any person with a valid 
subsistence halibut registration certificate in his or her name issued 
by NMFS under paragraph (i) of this section, except that:
    (i) A person who is not a rural resident but who is a member of an 
Alaska Native tribe that is located in a rural area and that is listed 
in the table in paragraph (g)(2) of this section is limited to 
conducting subsistence fishing for halibut only in his or her area of 
tribal membership.
    (ii) A person who is a resident outside the State of Alaska but who 
is a member of an Alaska Native tribe that is located in a rural area 
and that is listed in the table in paragraph (g)(2) of this section is 
limited to conducting subsistence fishing for halibut only in his or her 
area of tribal membership.
    (iii) For purposes of this paragraph (h)(4), ``area of tribal 
membership'' means rural areas of the Commission regulatory area under 
which the Organized Tribal Entity is listed in the tables set out in 
paragraph (g)(2) of this section, or the Bering Sea closed area adjacent 
to the rural area in which the Alaska Native tribal headquarters is 
located.
    (i) Subsistence registration. A person must register as a 
subsistence halibut fisher and possess a valid subsistence halibut 
registration certificate in his or her name issued by NMFS before he or 
she begins subsistence fishing for halibut in waters in and off Alaska.
    (1) A subsistence halibut registration certificate will be issued to 
any person who registers according to paragraph (i)(2) of this section 
and who is qualified to conduct subsistence fishing for halibut 
according to paragraph (g) of this section. The Alaska Region, NMFS, may 
enter into cooperative agreements with Alaska Native tribal governments 
or their representative organizations for purposes of identifying 
persons qualified to conduct subsistence fishing for halibut according 
to paragraph (g) of this section.
    (2) Registration. To register as a subsistence halibut fisherman, a 
person may request a cooperating Alaska Native tribal government or 
other entity designated by NMFS to submit an application on his or her 
behalf to the Alaska Region, NMFS. Alternatively, a

[[Page 1037]]

person may apply by submitting a completed application to the Alaska 
Region, NMFS. Application forms are available on the NMFS Alaska Region 
Web site at http://alaskafisheries.noaa.gov, or by contacting NMFS at 
800-304-4846, Option 2. NMFS will process a SHARC Application for an 
Alaska Native Tribal Member or a SHARC Application for a Rural Resident 
provided that an application is completed, with all applicable fields 
accurately filled-in, and all required additional documentation is 
submitted. Initial applications for a SHARC must be signed and mailed or 
faxed to NMFS (see instructions on form). Renewals may be submitted 
electronically, mailed, or faxed.
    (i) Non-electronic submittal. The applicant must sign and date the 
application certifying that all information is true, correct, and 
complete. The applicant must submit the paper application as indicated 
on the application.
    (ii) Electronic submittal. An individual can submit a SHARC renewal 
on-line using an application available at the Alaska Region website. By 
using the SHARC number and date of birth, and by submitting the 
application form, the applicant certifies that all information is true, 
correct, and complete.
    (3) Expiration of registration. Each subsistence halibut 
registration certificate will be valid only for the period of time 
specified on the certificate. A person eligible to harvest subsistence 
halibut under paragraph (g) of this section may renew his or her 
registration certificate that is expired or will expire within 3 months 
by following the procedures described in paragraph (i)(2) of this 
section. A subsistence halibut registration certificate will expire:
    (i) 2 years from the date of its issuance to a person eligible to 
harvest subsistence halibut under paragraph (g)(1) of this section, and
    (ii) 4 years from the date of its issuance to a person eligible to 
harvest subsistence halibut under paragraph (g)(2) of this section.
    (j) Community Harvest Permit (CHP). An Area 2C or Area 3A community 
or Alaska Native tribe listed in paragraphs (g)(1) or (g)(2) of this 
section may apply for a CHP, which allows a community or Alaska Native 
tribe to appoint one or more individuals from its respective community 
or Alaska Native tribe to harvest subsistence halibut from a single 
vessel under reduced gear and harvest restrictions. The CHP consists of 
a harvest log and up to five laminated permit cards. A CHP is a permit 
subject to regulation under Sec. 679.4(a) of this title.
    (1) Qualifications. (i) NMFS may issue a CHP to any community or 
Alaska Native tribe that applies according to paragraph (j)(2) of this 
section and that is qualified to conduct subsistence fishing for halibut 
according to paragraph (g) of this section.
    (ii) NMFS will issue a CHP to a community in Area 2C or Area 3A only 
if:
    (A) The applying community is listed as eligible in Area 2C or Area 
3A according to paragraph (g)(1) of this section; and
    (B) No Alaska Native tribe listed in paragraph (g)(2) of this 
section exists in that community.
    (iii) NMFS will issue a CHP to an Alaska Native tribe in Area 2C or 
Area 3A only if the applying tribe is listed as eligible in Area 2C or 
Area 3A according to paragraph (g)(2) of this section.
    (iv) Eligible communities or Alaska Native tribes may appoint only 
one CHP Coordinator per community or tribe.
    (2) Application. A community or Alaska Native tribe may apply for a 
CHP by submitting an application to the Alaska Region, NMFS. 
Applications must be mailed to: Restricted Access Management Program, 
NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668. A complete 
application must include:
    (i) The name of the community or Alaska Native tribe requesting the 
CHP;
    (ii) The full name of the person who is designated as the CHP 
Coordinator for each community or Alaska Native tribe, the designated 
CHP Coordinator's mailing address (number and street, city, state, and 
zip code), community of residence (the rural community or residence from 
paragraph (g)(1) of this section) or the Alaska Native tribe if 
applicable (as indicated in paragraph (g)(2) of this section), and the 
daytime telephone number; and

[[Page 1038]]

    (iii) Any previously issued CHP harvest logs.
    (3) Restrictions. Subsistence fishing for halibut under a CHP shall 
be valid only:
    (i) In Area 2C or Area 3A, except that a CHP may not be used:
    (A) Within Sitka Sound as defined in paragraph (e)(1)(ii) of this 
section (see Figure 1 to this subpart E); or
    (B) Within the Ketchikan, Juneau, Anchorage-Matsu-Kenai, and Valdez 
non-subsistence marine waters areas as defined in paragraph (h)(3) of 
this section (see figures 2, 3, 4, 5, 6, and 7 to this subpart E).
    (ii) To persons in possession of a valid subsistence halibut 
registration certificate issued in accordance with paragraph (i) of this 
section for the same community or Alaska Native tribe listed on the CHP;
    (iii) On a single vessel on which a CHP card is present; and
    (iv) If subsistence fishing gear set or retrieved from a vessel on 
which the CHP card is present does not exceed the restrictions of 
paragraph (h) of this section.
    (4) Expiration of permit. Each CHP will be valid only for the period 
of time specified on the permit. A CHP will expire one year from the 
date of issuance to a community or Alaska Native tribe eligible to 
harvest halibut under paragraph (g) of this section. A community or 
Alaska Native tribe eligible to harvest subsistence halibut under 
paragraph (g) of this section may renew its CHP that is expired or will 
expire within three months by following the procedures described in 
paragraph (j)(2) of this section.
    (5) Duties of the CHP coordinator. Each CHP Coordinator must ensure:
    (i) The designated harvesters who may fish under the CHP are 
identified on the Community Harvest Permit harvest log when the CHP is 
issued to the designated harvesters;
    (ii) The CHP remains in the possession of the CHP Coordinator or 
other tribal or government authority when not in use and is issued to 
the designated harvesters when necessary; and
    (iii) All required recordkeeping and data reporting of subsistence 
harvests under the CHP are performed.
    (6) Harvest log submission. Each Community Harvest Permit harvest 
log must be submitted to NMFS on or before the date of expiration by 
facsimile or mail. Harvest logs must be mailed to RAM at the address 
given in paragraph (j)(2) of this section or faxed to 907-586-7354. The 
log must provide information on:
    (i) The subsistence fisher's identity including his or her full 
name, subsistence halibut registration certificate number, date of 
birth, mailing address (number and street, city, state, and zip code), 
community of residence, daytime phone number, and tribal identity (if 
appropriate); and
    (ii) The subsistence halibut harvest including whether the 
participant fished for subsistence halibut during the period specified 
on the permit, and if so, the date harvest occurred, the number and 
weight (in pounds) of halibut harvested, the type of gear and number of 
hooks used, the Commission regulatory area and local water body from 
which the halibut were harvested, and the number of lingcod and rockfish 
caught while subsistence fishing for halibut.
    (k) Ceremonial Permit or Educational Permit. An Area 2C or Area 3A 
Alaska Native tribe that is listed in paragraph (g)(2) of this section 
may apply for a Ceremonial or Educational Permit, allowing the tribe to 
harvest up to 25 halibut per permit issued. The Ceremonial and 
Educational Permits each consist of a harvest log and a single laminated 
permit card. Ceremonial and Educational Permits are permits subject to 
regulation under Sec. 679.4(a) of this title.
    (1) Qualifications. (i) NMFS may issue a Ceremonial or Educational 
Permit to any Alaska Native tribe that completes an application 
according to paragraph (k)(2) of this section and that is qualified to 
conduct subsistence fishing for halibut according to paragraph (g)(2) of 
this section.
    (ii) Eligible Alaska Native tribes may appoint only one Ceremonial 
Permit Coordinator per tribe.
    (iii) Eligible educational programs may appoint only one authorized 
Instructor per Educational Permit.
    (2) Application. An Alaska Native tribe may apply for a Ceremonial 
or

[[Page 1039]]

Educational Permit by submitting an application to the Alaska Region, 
NMFS. Applications must be mailed to: Restricted Access Management 
Program, NMFS, Alaska Region, P.O. Box 21668, Juneau, AK 99802-1668.
    (i) A complete application must include:
    (A) The name of the Alaska Native tribe requesting the Ceremonial or 
Educational Permit;
    (B) The name of the person designated as the Ceremonial Permit 
Coordinator for each Alaska Native tribe or the name of the person 
designated as the Instructor for an Educational Permit, the Ceremonial 
Permit Coordinator or Instructor's mailing address (number and street, 
city, state, and zip code), and the daytime telephone number;
    (C) Any previously issued Ceremonial Permit harvest logs from any 
expired Ceremonial Permit if applying for a Ceremonial Permit; and
    (D) Any previously issued Educational Permit harvest logs from any 
expired Educational Permit if applying for an Educational Permit.
    (ii) NMFS will issue a Ceremonial Permit for the harvest of halibut 
associated with traditional cultural events only if the application:
    (A) Indicates the occasion of cultural or ceremonial significance; 
and
    (B) Identifies the person designated by the eligible Alaska Native 
tribe as the Ceremonial Permit Coordinator.
    (iii) NMFS will issue an Educational Permit only if the application:
    (A) Includes the name and address of the educational institution or 
organization;
    (B) Includes the instructor's name;
    (C) Demonstrates the enrollment of qualified students;
    (D) Describes minimum attendance requirements of the educational 
program; and
    (E) Describes standards for the successful completion of the 
educational program.
    (3) Restrictions. Subsistence fishing for halibut under Ceremonial 
or Educational Permits shall be valid only:
    (i) In Area 3A, except:
    (A) In the Anchorage-Matsu-Kenai non-subsistence marine waters area 
defined in paragraph (h)(3) of this section (see figures 4, 5, 6, and 7 
to this subpart E), only the following tribes may use a Ceremonial or 
Educational permit:
    (1) Kenaitze Indian Tribe;
    (2) Seldovia Village Tribe;
    (3) Ninilchik Village;
    (4) Native Village of Port Graham;
    (5) Native Village of Nanwalek; and
    (6) Village of Salamatoff.
    (B) In the Valdez non-subsistence marine waters area defined in 
paragraph (h)(3) of this section (see figures 4 and 5 to this subpart 
E), only the Native Village of Tatitlek may use a Ceremonial or 
Educational permit.
    (ii) In Area 2C, except:
    (A) In the Ketchikan non-subsistence marine waters area defined in 
paragraph (h)(3) of this section (see figure 2 to this subpart E), only 
the following tribes may use a Ceremonial or Educational permit:
    (1) Central Council of Tlingit/Haida Indians;
    (2) Ketchikan Indian Corporation; and
    (3) Organized Village of Saxman;
    (B) In the Juneau non-subsistence marine waters area defined in 
paragraph (h)(3) of this section (see figure 3 to this subpart E), only 
the following tribes may use a Ceremonial or Educational permit:
    (1) Central Council of Tlingit/Haida Indians;
    (2) Douglas Indian Association; and
    (3) Aukquan Traditional Council.
    (C) A Ceremonial Permit may not be used within Sitka Sound from June 
1 through August 31;
    (iii) On a single vessel on which the Ceremonial or Educational 
Permit card is present;
    (iv) On the vessel on which the instructor is present for 
Educational Permits;
    (v) To persons in possession of a valid subsistence halibut 
registration certificate issued in accordance with paragraph (i) of this 
section for the same Alaska Native tribe listed on the Ceremonial or 
Educational Permit, except that students enrolled in an educational 
program may fish under an Educational Permit without a subsistence 
halibut registration certificate; and
    (vi) If subsistence fishing gear set or retrieved from a vessel on 
which the

[[Page 1040]]

Ceremonial or Educational Permit card is present does not exceed the 
restrictions of paragraph (h) of this section.
    (4) Expiration of permits. Each Ceremonial or Educational Permit 
will be valid only for the period of time specified on the permit. 
Ceremonial and Educational Permits will expire 30 days from the date of 
issuance to an Alaska Native tribe eligible to harvest halibut under 
paragraph (g)(2) of this section. A tribe eligible to harvest 
subsistence halibut under paragraph (g)(2) of this section may apply for 
additional Ceremonial or Educational Permits at any time.
    (5) Duties of Ceremonial Permit Coordinators and Instructors. Each 
Ceremonial Permit Coordinator or Instructor must ensure:
    (i) The designated harvesters or students who may fish under the 
Ceremonial or Educational Permit are identified on the Ceremonial/
Educational Permit harvest log when the permit is used;
    (ii) The Ceremonial Permit remains in the possession of the 
Ceremonial Permit Coordinator or other tribal authority when not in use 
and is issued to designated harvesters when necessary; and
    (iii) All required recordkeeping and data reporting of subsistence 
harvests under the Ceremonial or Educational Permit are performed.
    (6) Harvest log submission. Submission of a Ceremonial or 
Educational Permit log shall be required upon the expiration of each 
permit and must be received by Restricted Access Management within 15 
days of the expiration by facsimile or mail. Harvest logs must be mailed 
to RAM at the address given in paragraph (k)(2) of this section or faxed 
to 907-586-7354. The log must provide information on:
    (i) The subsistence fisher's identity including his or her full 
name, subsistence halibut registration certificate number if applicable 
(students do not need a SHARC), date of birth, mailing address (number 
and street, city, state, and zip code), community of residence, daytime 
phone number, and tribal identity;
    (ii) The subsistence halibut harvest including whether the 
participant fished for subsistence halibut during the period indicated 
on the permit, and if so, the date when harvest occurred, the number and 
weight (in pounds) of halibut harvested, the type of gear and number of 
hooks used, the Commission regulatory area and local water body from 
which the halibut were harvested, and the number of lingcod and rockfish 
caught while subsistence fishing for halibut.
    (l) Appeals. If Restricted Access Management (RAM) determines that 
an application is deficient, it will prepare and send an Initial 
Administrative Determination (IAD) to the applicant. The IAD will 
indicate the deficiencies in the application or any additional provided 
information. An applicant who receives an IAD may appeal RAM's findings 
pursuant to Sec. 679.43 of this title.

[68 FR 18156, Apr. 15, 2003]

    Editorial Note: For Federal Register citations affecting Sec. 
300.65, see the List of CFR Sections Affected, which appears in the 
Finding Aids section of the printed volume and at www.fdsys.gov.



Sec. 300.66  Prohibitions.

    In addition to the general prohibitions specified in 50 CFR 300.4, 
it is unlawful for any person to do any of the following:
    (a) Fish for halibut except in accordance with the annual management 
measures published pursuant to 50 CFR 300.62.
    (b) Fish for halibut except in accordance with the catch sharing 
plans and domestic management measures implemented under Sec. Sec. 
300.63, 300.65, and 300.67.
    (c) Fish for halibut in Sitka Sound in violation of the Sitka Sound 
LAMP implemented under 50 CFR 300.65(e).
    (d) Fish for halibut or anchor a vessel with halibut on board within 
the Sitka Pinnacles Marine Reserve defined at 50 CFR 300.65(f).
    (e) Fish for subsistence halibut in and off Alaska unless the person 
is qualified to do so under Sec. 300.65(g), possesses a valid 
subsistence halibut registration certificate pursuant to Sec. 
300.65(i), and makes this certificate available for inspection by an 
authorized officer on request, except that students enrolled in a valid 
educational

[[Page 1041]]

program and fishing under an Educational Permit issued pursuant to Sec. 
300.65(k) do not need a subsistence halibut registration certificate.
    (f) Fish for subsistence halibut in and off Alaska with gear other 
than that described at 50 CFR 300.65(h)(1) and retain more halibut than 
specified at 50 CFR 300.65(h)(2).
    (g) Fish for subsistence halibut in and off Alaska in a non-
subsistence marine waters area specified at Sec. 300.65(h)(3).
    (h) Retain on board the harvesting vessel halibut harvested while 
subsistence fishing with halibut harvested while commercial fishing or 
from sport fishing, as defined at Sec. 300.61, except that persons 
authorized to conduct subsistence fishing under Sec. 300.65(g), and who 
land their total annual harvest of halibut:
    (1) In Commission regulatory Areas 4D or 4E may retain, with 
harvests of Community Development Quota (CDQ) halibut, subsistence 
halibut harvested in Commission regulatory areas 4D or 4E that are 
smaller than the size limit specified in the annual management measures 
published pursuant to Sec. 300.62; or
    (2) In Commission regulatory Areas 4C, 4D or 4E may retain, with 
harvests of CDQ halibut, subsistence halibut harvested in Commission 
regulatory areas 4C, 4D or 4E that are equal to or greater than the size 
limit specified in the annual management measures published pursuant to 
Sec. 300.62.
    (i) Fish for subsistence halibut from a charter vessel or retain 
subsistence halibut onboard a charter vessel if anyone other than the 
owner of record, as indicated on the State of Alaska vessel 
registration, or the owner's immediate family is aboard the charter 
vessel and unless each person engaging in subsistence fishing onboard 
the charter vessel holds a subsistence halibut registration certificate 
in the person's name pursuant to Sec. 300.65(i) and complies with the 
gear and harvest restrictions found at Sec. 300.65(h). For purposes of 
this paragraph (i), the term ``charter vessel'' means a vessel that is 
registered, or that should be registered, as a sport fishing guide 
vessel with the Alaska Department of Fish and Game.
    (j) Retain or possess subsistence halibut for commercial purposes; 
cause subsistence halibut to be sold, bartered, or otherwise entered 
into commerce; or solicit exchange of subsistence halibut for commercial 
purposes, except that a person who qualified to conduct subsistence 
fishing for halibut under Sec. 300.65(g), and who holds a subsistence 
halibut registration certificate in the person's name under Sec. 
300.65(i), may be reimbursed for the expense of fishing for subsistence 
halibut under the following conditions:
    (1) Persons who qualify as rural residents under Sec. 300.65(g)(1) 
or (g)(3) and hold a SHARC in the person's name under Sec. 300.65(i) 
may be reimbursed for actual expenses for ice, bait, food, and fuel 
directly related to subsistence fishing for halibut, by residents of the 
same rural community or by rural residents residing within ten statute 
miles of the rural location listed on the person's SHARC application; or
    (2) Persons who qualify as Alaska Native tribal members under Sec. 
300.65(g)(2) and hold a SHARC in the person's name under Sec. 300.65(i) 
may be reimbursed for actual expenses for ice, bait, food, and fuel 
directly related to subsistence fishing for halibut, by any Alaska 
Native tribe, or its members, or residents of the same rural community 
or by rural residents residing within ten statute miles of the rural 
location listed on the person's SHARC application.
    (k) Retain subsistence halibut harvested under a CHP, Ceremonial 
Permit, or Educational Permit together in any combination or with 
halibut harvested under any other license or permit.
    (l) Fillet, mutilate, or otherwise disfigure subsistence halibut in 
any manner that prevents the determination of the number of fish caught, 
possessed, or landed.
    (m) Exceed any of the harvest or gear limitations specified at Sec. 
300.65(d).
    (n) Transfer subsistence halibut to charter vessel anglers.
    (o) Fail to comply with the requirements of Sec. Sec. 300.65 and 
300.67.
    (p) Fail to submit or submit inaccurate information on any report, 
license, catch card, application, or statement required or submitted 
under

[[Page 1042]]

Sec. Sec. 300.65 and 300.67, or submit inaccurate information to an 
authorized officer.
    (q) Refuse to present valid identification, U.S. Coast Guard 
operator's license, permit, license, or Alaska Department of Fish and 
Game Saltwater Sport Fishing Charter Trip logbook upon the request of an 
authorized officer.
    (r) Be an operator of a vessel with one or more charter vessel 
anglers on board that are catching and retaining halibut without an 
original valid charter halibut permit for the regulatory area in which 
the vessel is operating.
    (s) Be an operator of a vessel with more charter vessel anglers on 
board catching and retaining halibut than the total angler endorsement 
number specified on the charter halibut permit or permits on board the 
vessel.
    (t) Be an operator of a vessel with more charter vessel anglers on 
board catching and retaining halibut than the angler endorsement number 
specified on the community charter halibut permit or permits on board 
the vessel.
    (u) Be an operator of a vessel in Area 2C and Area 3A during one 
charter vessel fishing trip.
    (v) Be an operator of a vessel in Area 2C or Area 3A with one or 
more charter vessel anglers on board that are catching and retaining 
halibut without having on board the vessel a State of Alaska Department 
of Fish and Game Saltwater Charter Logbook that specifies the following:
    (1) The person named on the charter halibut permit or permits being 
used on board the vessel;
    (2) The charter halibut permit or permits number(s) being used on 
board the vessel; and
    (3) The name and State issued boat registration (AK number) or U.S. 
Coast Guard documentation number of the vessel.

[68 FR 18156, Apr. 15, 2003, as amended at 70 FR 16754, Apr. 1, 2005; 72 
FR 30728, June 4, 2007; 72 FR 67669, Nov. 30, 2007; 73 FR 30524, May 28, 
2008; 73 FR 52797, Sept. 11, 2008; 73 FR 54942, Sept. 24, 2008; 74 FR 
21228, May 6, 2009; 74 FR 57110, Nov. 4, 2009; 75 FR 600, Jan. 5, 2010]



Sec. 300.67  Charter halibut limited access program.

    This section establishes limitations on using a vessel on which 
charter vessel anglers catch and retain Pacific halibut in International 
Pacific Halibut Commission (IPHC) regulatory areas 2C and 3A.
    (a) General permit requirements. (1) In addition to other applicable 
permit and licensing requirements, any operator of a vessel with one or 
more charter vessel anglers catching and retaining Pacific halibut on 
board a vessel must have on board the vessel an original valid charter 
halibut permit or permits endorsed for the regulatory area in which the 
vessel is operating and endorsed for at least the number of charter 
vessel anglers who are catching and retaining Pacific halibut. Each 
charter halibut permit holder must insure that the operator of the 
permitted vessel complies with all requirements of Sec. Sec. 300.65 and 
300.67.
    (2) Area endorsement. A charter halibut permit is valid only in the 
International Pacific Halibut Commission regulatory area for which it is 
endorsed. Regulatory areas are defined in the annual management measures 
published pursuant to Sec. 300.62.
    (3) Charter vessel angler endorsement. A charter halibut permit is 
valid for up to the maximum number of charter vessel anglers for which 
the charter halibut permit is endorsed.
    (b) Qualifications for a charter halibut permit. A charter halibut 
permit for IPHC regulatory area 2C must be based on meeting 
participation requirements in area 2C. A charter halibut permit for IPHC 
regulatory area 3A must be based on meeting participation requirements 
in area 3A. Qualifications for a charter halibut permit in each area 
must be determined separately and must not be combined.
    (1) NMFS will issue a charter halibut permit to a person who meets 
the following requirements:
    (i) The person applies for a charter halibut permit within the 
application period specified in the Federal Register and completes the 
application process pursuant to paragraph (h) of this section.
    (ii) The person is the individual or non-individual entity to which 
the

[[Page 1043]]

State of Alaska Department of Fish and Game (ADF&G) issued the ADF&G 
Business Owner Licenses that authorized logbook fishing trips that meet 
the minimum participation requirements described in paragraphs 
(b)(1)(ii)(A) and (b)(1)(ii)(B) of this section for one or more charter 
halibut permits, unless the person is applying as a successor-in-
interest.
    (A) Reported five (5) bottomfish logbook fishing trips or more 
during one year of the qualifying period; and
    (B) Reported five (5) halibut logbook fishing trips or more during 
the recent participation period.
    (iii) If the person is applying as a successor-in-interest to the 
person to which ADF&G issued the Business Owner Licenses that authorized 
logbook fishing trips that meet the participation requirements described 
in paragraphs (b)(1)(ii) of this section for one or more charter halibut 
permits, NMFS will require the following written documentation:
    (A) If the applicant is applying on behalf of a deceased individual, 
the applicant must document that the individual is deceased, that the 
applicant is the personal representative of the deceased's estate 
appointed by a court, and that the applicant specifies who, pursuant to 
the applicant's personal representative duties, should receive the 
permit(s) for which application is made; or
    (B) If the applicant is applying as a successor-in-interest to an 
entity that is not an individual, the applicant must document that the 
entity has been dissolved and that the applicant is the successor-in-
interest to the dissolved entity.
    (iv) If more than one applicant claims that they are the successor-
in-interest to a dissolved entity, NMFS will award the permit or permits 
for which the dissolved entity qualified in the name(s) of the 
applicants that submitted a timely application and proved that they are 
a successor-in-interest to the dissolved entity.
    (2) Notwithstanding any other provision in this subpart, and except 
as provided in paragraph (b)(1)(iv) of this section,
    (i) One logbook fishing trip shall not be credited to more than one 
applicant;
    (ii) One logbook fishing trip made pursuant to one ADF&G Business 
Owner License shall not be credited to more than one applicant; and
    (iii) Participation by one charter halibut fishing business shall 
not be allowed to support issuance of permits to more than one 
applicant.
    (3) For purposes of this section, the term ``ADF&G Business Owner(s) 
License(s)'' includes a ``business registration,'' ``sport fish business 
owner license,'' ``sport fish business license,'' and ``ADF&G business 
license''.
    (c) Number of charter halibut permits. An applicant that meets the 
participation requirements in paragraph (b) of this section will be 
issued the number of charter halibut permits equal to the lesser of the 
number of permits determined by paragraphs (c)(1) or (c)(2) of this 
section as follows:
    (1) The total number of bottomfish logbook fishing trips made 
pursuant to the applicant's ADF&G Business License in the applicant-
selected year divided by five, and rounded down to a whole number; or
    (2) The number of vessels that made the bottomfish logbook fishing 
trips in the applicant-selected year.
    (d) Designation of transferability. Each permit issued to an 
applicant under paragraph (c) of this section will be designated as 
transferable or non-transferable.
    (1) Minimum participation criteria for a transferable permit are 
described in paragraphs (d)(1)(i) and (d)(1)(ii) of this section as 
follows:
    (i) Reported fifteen (15) bottomfish logbook fishing trips or more 
from the same vessel during one year of the qualifying period; and
    (ii) Reported fifteen (15) halibut logbook fishing trips or more 
from the same vessel during the recent participation period.
    (iii) The vessel used during the recent participation period is not 
required to be the same vessel used during the qualifying period.
    (2) The number of transferable charter halibut permits issued to an 
applicant will be equal to the lesser of the number of vessels that met 
the minimum transferable permit qualifications described in paragraphs 
(d)(1)(i) or (d)(1)(ii) of this section.

[[Page 1044]]

    (e) Angler endorsement. A charter halibut permit will be endorsed as 
follows:
    (1) The angler endorsement number for the first transferable permit 
for an area issued to an applicant will be the greatest number of 
charter vessel anglers reported on any logbook trip in the qualifying 
period in that area.
    (2) The angler endorsement number for each subsequent transferable 
permit issued to the same applicant for the same area will be the 
greatest number of charter vessel anglers reported by the applicant on 
any logbook trip in the qualifying period for a vessel not already used 
in that area to determine an angler endorsement, until all transferable 
permits issued to the applicant are assigned an angler endorsement.
    (3) The angler endorsement number for the first non-transferable 
permit for an area issued to an applicant will be the greatest number of 
charter vessel anglers reported on any logbook trip in the qualifying 
period for a vessel not already used to determine an angler endorsement 
in that area.
    (4) The angler endorsement number for each subsequent non-
transferable permit issued to the same applicant for the same area will 
be the greatest number of charter vessel anglers reported by the 
applicant on any logbook trip in the qualifying period for a vessel not 
already used in that area to determine an angler endorsement, until all 
non-transferable permits issued to the applicant are assigned an angler 
endorsement.
    (5) The angler endorsement number will be four (4) if the greatest 
number of charter vessel anglers reported on any logbook fishing trip 
for an area in the qualifying period is less than four (4), or no 
charter vessel anglers were reported on any of the applicant's logbook 
fishing trips in the applicant-selected year.
    (6) The angler endorsement number will be six (6) on a charter 
halibut permit issued pursuant to military service under paragraph 
(g)(3) of this section.
    (f) For purposes of this section, the following terms are defined as 
follows:
    (1) Applicant-selected year means the year in the qualifying period, 
2004 or 2005, selected by the applicant for NMFS to use in determining 
the applicant's number of transferable and nontransferable permits.
    (2) Bottomfish logbook fishing trip means a logbook fishing trip in 
the qualifying period that was reported to the State of Alaska in a 
Saltwater Charter Logbook with one of the following pieces of 
information: The statistical area(s) where bottomfish fishing occurred, 
the boat hours that the vessel engaged in bottomfish fishing, or the 
number of rods used from the vessel in bottomfish fishing.
    (3) Halibut logbook fishing trip means a logbook fishing trip in the 
recent participation period that was reported to the State of Alaska in 
a Saltwater Charter Logbook within the time limit for reporting the trip 
in effect at the time of the trip with one of the following pieces of 
information: The number of halibut that was kept, the number of halibut 
that was released, the statistical area(s) where bottomfish fishing 
occurred, or the boat hours that the vessel engaged in bottomfish 
fishing.
    (4) Logbook fishing trip means a bottomfish logbook fishing trip or 
a halibut logbook fishing trip that was reported as a trip to the State 
of Alaska in a Saltwater Charter Logbook within the time limits for 
reporting the trip in effect at the time of the trip, except that for 
multi-day trips, the number of trips will be equal to the number of days 
of the multi-day trip, e.g., a two day trip will be counted as two 
trips.
    (5) Official charter halibut record means the information prepared 
by NMFS on participation in charter halibut fishing in Area 2C and Area 
3A that NMFS will use to implement the Charter Halibut Limited Access 
Program and evaluate applications for charter halibut permits.
    (6) Qualifying period means the sport fishing season established by 
the International Pacific Halibut Commission (February 1 through 
December 31) in 2004 and 2005.
    (7) Recent participation period means the sport fishing season 
established by the International Pacific Halibut Commission (February 1 
through December 31) in 2008.
    (g) Unavoidable circumstance. Unavoidable circumstance claims must 
be

[[Page 1045]]

made pursuant to paragraph (h)(6) of this section, and will be limited 
to persons who would be excluded from the charter halibut fishery 
entirely unless their unavoidable circumstance is recognized. This 
unavoidable circumstance provision cannot be used to upgrade the number 
of permits issued or to change a non-transferable permit to a 
transferable permit, and is limited to the following circumstances.
    (1) Recent participation period. An applicant for a charter halibut 
permit that meets the participation requirement for the qualifying 
period, but does not meet the participation requirement for the recent 
participation period, may receive one or more charter halibut permits if 
the applicant proves paragraphs (g)(1)(i) through (iv) of this section 
as follows:
    (i) The applicant had a specific intent to operate a charter halibut 
fishing business in the recent participation period;
    (ii) The applicant's specific intent was thwarted by a circumstance 
that was:
    (A) Unavoidable;
    (B) Unique to the owner of the charter halibut fishing business; and
    (C) Unforeseen and reasonably unforeseeable by the owner of the 
charter halibut fishing business;
    (iii) The circumstance that prevented the applicant from operating a 
charter halibut fishing business actually occurred; and
    (iv) The applicant took all reasonable steps to overcome the 
circumstance that prevented the applicant from operating a charter 
halibut fishing business in the recent participation period.
    (v) If the applicant proves the foregoing (see paragraphs (g)(1)(i) 
through (iv) of this section), the applicant will receive the number of 
transferable and non-transferable permits and the angler endorsements on 
these permits that result from the application of criteria in paragraphs 
(b), (c), (d), (e), and (f) of this section.
    (2) Qualifying period. An applicant for a charter halibut permit 
that meets the participation requirement for the recent participation 
period but does not meet the participation requirement for the 
qualifying period, may receive one or more permits if the applicant 
proves paragraphs (g)(2)(i) through (iv) of this section as follows:
    (i) The applicant had a specific intent to operate a charter halibut 
fishing business in at least one year of the qualifying period;
    (ii) The applicant's specific intent was thwarted by a circumstance 
that was:
    (A) Unavoidable;
    (B) Unique to the owner of the charter halibut fishing business; and
    (C) Unforeseen and reasonably unforeseeable by the owner of the 
charter halibut fishing business;
    (iii) The circumstance that prevented the applicant from operating a 
charter halibut fishing business actually occurred; and
    (iv) The applicant took all reasonable steps to overcome the 
circumstance that prevented the applicant from operating a charter 
halibut fishing business in at least one year of the qualifying period.
    (v) If the applicant proves the foregoing (see paragraphs (g)(2)(i) 
through (iv) of this section), the applicant will receive either:
    (A) One non-transferable permit with an angler endorsement of four 
(4); or
    (B) The number of transferable and non-transferable permits, and the 
angler endorsement on those permits, that result from the logbook 
fishing trips that the applicant proves likely would have taken by the 
applicant but for the circumstance that thwarted the applicant's 
specific intent to operate a charter halibut fishing business in one 
year of the qualifying period and the applicant did not participate 
during the other year of the qualifying period.
    (3) Military service. An applicant for a charter halibut permit that 
meets the participation requirement in the recent participation period, 
but does not meet the participation requirement for the qualifying 
period, may receive one or more permits if the applicant proves the 
following:
    (i) The applicant was ordered to report for active duty military 
service as a member of a branch of the U.S. military, National Guard, or 
military reserve during the qualifying period; and
    (ii) The applicant had a specific intent to operate a charter 
halibut fishing business that was thwarted by the

[[Page 1046]]

applicant's order to report for military service.
    (iii) The number of transferable and non-transferable charter 
halibut permit(s) that an applicant may receive under paragraph (g)(3) 
of this section will be based on the criteria in paragraph (g)(2)(v)(B) 
of this section. Angler endorsements on all such charter halibut permits 
will be pursuant to paragraph (e)(2) of this section.
    (h) Application for a charter halibut permit. (1) An application 
period of no less than 60 days will be specified by notice in the 
Federal Register during which any person may apply for a charter halibut 
permit. Any application that is submitted by mail and postmarked, or 
submitted by hand delivery or facsimile, after the last day of the 
application period will be denied. Electronic submission other than by 
facsimile will be denied. Applications must be submitted to the address 
given in the Federal Register notice of the application period.
    (2) Charter halibut permit. To be complete, a charter halibut permit 
application must be signed and dated by the applicant, and the applicant 
must attest that, to the best of the applicant's knowledge, all 
statements in the application are true and the applicant complied with 
all legal requirements for logbook fishing trips in the qualifying 
period and recent participation period that were reported under the 
applicant's ADF&G Business Owner Licenses. An application for a charter 
halibut permit will be made available by NMFS. Completed applications 
may be submitted by mail, hand delivery, or facsimile at any time during 
the application period announced in the Federal Register notice of the 
application period described at paragraph (h)(1) of this section.
    (3) Application procedure. NMFS will create the official charter 
halibut record and will accept all application claims that are 
consistent with the official charter halibut record. If an applicant's 
claim is not consistent with the official charter halibut record, NMFS 
will issue non-transferable interim permit(s) for all undisputed permit 
claims, and will respond to the applicant by letter specifying a 30-day 
evidentiary period during which the applicant may provide additional 
information or argument to support the applicant's claim for disputed 
permit(s). Limits on the 30-day evidentiary period are as follows:
    (i) An applicant shall be limited to one 30-day evidentiary period; 
and
    (ii) Additional information received after the 30-day evidentiary 
period has expired will not be considered for purposes of the initial 
administrative determination.
    (4) After NMFS evaluates the additional information submitted by the 
applicant during the 30-day evidentiary period, it will take one of the 
following two actions.
    (i) If NMFS determines that the applicant has met its burden of 
proving that the official charter halibut record is incorrect, NMFS will 
amend the official charter halibut record and use the official charter 
halibut record, as amended, to determine whether the applicant is 
eligible to receive one or more charter halibut permits, the nature of 
those permits and the angler and area endorsements on those permits; or
    (ii) If NMFS determines that the applicant has not met its burden of 
proving that the official charter halibut record is incorrect, NMFS will 
notify the applicant by an initial administration determination, 
pursuant to paragraph (h)(5) of this section.
    (5) Initial Administration Determination (IAD). NMFS will send an 
IAD to the applicant following the expiration of the 30-day evidentiary 
period if NMFS determines that the applicant has not met its burden of 
proving that the official charter halibut record is incorrect or that 
other reasons exist to initially deny the application. The IAD will 
indicate the deficiencies in the application and the deficiencies with 
the information submitted by the applicant in support of its claim.
    (6) Appeal. An applicant that receives an IAD may appeal to the 
Office of Administrative Appeals (OAA) pursuant to Sec. 679.43 of this 
title.
    (i) If the applicant does not apply for a charter halibut permit 
within the application period specified in the Federal Register, the 
applicant will not receive any interim permits pending final agency 
action on the application.

[[Page 1047]]

    (ii) If the applicant applies for a permit within the specified 
application period and OAA accepts the applicant's appeal, the applicant 
will receive the number and kind of interim permits which are not in 
dispute, according to the information in the official charter halibut 
record.
    (iii) If the applicant applies for a permit within the specified 
application period and OAA accepts the applicant's appeal, but according 
to the information in the official charter halibut record, the applicant 
would not be issued any permits, the applicant will receive one interim 
permit with an angler endorsement of four (4).
    (iv) All interim permits will be non-transferable and will expire 
when NMFS takes final agency action on the application.
    (i) Transfer of a charter halibut permit--(1) General. A transfer of 
a charter halibut permit is valid only if it is approved by NMFS. NMFS 
will approve a transfer of a charter halibut permit if the permit to be 
transferred is a transferable permit issued under paragraph (d)(2) of 
this section, if a complete transfer application is submitted, and if 
the transfer application meets the standards for approval in paragraph 
(i)(2) of this section.
    (2) Standards for approval of transfers. NMFS will transfer a 
transferable charter halibut permit to a person designated by the 
charter halibut permit holder if, at the time of the transfer the 
following standards are met:
    (i) The person designated to receive the transferred permit is a 
U.S. citizen or a U.S. business with a minimum of 75 percent U.S. 
ownership;
    (ii) The parties to the transfer do not owe NMFS any fines, civil 
penalties or any other payments;
    (iii) The transfer is not inconsistent with any sanctions resulting 
from Federal fishing violations;
    (iv) The transfer will not cause the designated recipient of the 
permit to exceed the permit limit at paragraph (j) of this section, 
unless an exception to that limit applies;
    (v) A transfer application is completed and approved by NMFS; and
    (vi) The transfer does not violate any other provision in this part.
    (3) For purposes of paragraph (i)(2) of this section, a U.S. 
business with a minimum of 75 percent U.S. ownership means a 
corporation, partnership, association, trust, joint venture, limited 
liability company, limited liability partnership, or any other entity 
where at least 75 percent of the interest in such entity, at each tier 
of ownership of such entity and in the aggregate, is owned and 
controlled by citizens of the United States.
    (4) Application to transfer a charter halibut permit. To be 
complete, a charter halibut permit transfer application must have 
notarized and dated signatures of the applicants, and the applicants 
must attest that, to the best of the applicants' knowledge, all 
statements in the application are true. An application to transfer a 
charter halibut permit will be made available by NMFS. Completed 
transfer applications may be submitted by mail or hand delivery at any 
time to the addresses listed on the application. Electronic or facsimile 
deliveries will not be accepted.
    (5) Denied transfer applications. If NMFS does not approve a charter 
halibut permit transfer application, NMFS will inform the applicant of 
the basis for its disapproval.
    (6) Transfer due to court order, operation of law or as part of a 
security agreement. NMFS will transfer a charter halibut permit based on 
a court order, operation of law or a security agreement, if NMFS 
determines that a transfer application is complete and the transfer will 
not violate an eligibility criterion for transfers.
    (j) Charter halibut permit limitations--(1) General. A person may 
not own, hold, or control more than five (5) charter halibut permits 
except as provided by paragraph (j)(4) of this section. NMFS will not 
approve a transfer application that would result in the applicant that 
would receive the transferred permit holding more than five (5) charter 
halibut permits except as provided by paragraph (j)(6) of this section.
    (2) Ten percent ownership criterion. In determining whether two or 
more persons are the same person for purposes of paragraph (j)(1) of 
this section, NMFS will apply the definition of an

[[Page 1048]]

``affiliation for the purpose of defining AFA entities'' at Sec. 679.2 
of this title.
    (3) A permit will cease to be a valid permit if the permit holder 
is:
    (i) An individual and the individual dies; or
    (ii) A non-individual (e.g., corporation or partnership) and 
dissolves or changes as defined at paragraph (j)(5) of this section.
    (iii) A transferable permit may be made valid by transfer to an 
eligible recipient.
    (4) Exception for initial recipients of permits. Notwithstanding the 
limitation at paragraph (j)(1) of this section, NMFS may issue more than 
five (5) charter halibut permits to an initial recipient that meets the 
requirements described in paragraphs (b), (d), and (e) of this section 
for more than five (5) charter halibut permits, subject to the following 
limitations:
    (i) This exception applies only to an initial recipient as the 
recipient exists at the time that it is initially issued the permits;
    (ii) If an initial recipient of transferable permit(s) who is an 
individual dies, the individual's successor-in-interest may not hold 
more than five (5) charter halibut permits;
    (iii) If an initial recipient permit holder that is a non-
individual, such as a corporation or a partnership, dissolves or 
changes, NMFS will consider the new entity a new permit holder and the 
new permit holder may not hold more than five (5) charter halibut 
permits.
    (5) For purposes of this paragraph (j), a ``change'' means:
    (i) For an individual, the individual has died, in which case NMFS 
must be notified within 30 days of the individual's death; and
    (ii) For a non-individual entity, the same as defined at Sec. 
679.42(j)(4)(i) of this title, in which case the permit holder must 
notify NMFS within 15 days of the effective date of the change as 
required at Sec. 679.42(j)(5) of this title.
    (6) Exception for transfer of permits. Notwithstanding the 
limitation at paragraph (j)(1) of this section, NMFS may approve a 
permit transfer application that would result in the person that would 
receive the transferred permit(s) holding more than five (5) 
transferable charter halibut permits if the parties to the transfer meet 
the following conditions:
    (i) The designated person that would receive the transferred permits 
does not hold any charter halibut permits;
    (ii) All permits that would be transferred are transferable permits;
    (iii) The permits that would be transferred are all of the 
transferable permits that were awarded to an initial recipient who 
exceeded the permit limitation of five (5) permits; and
    (iv) The person transferring its permits also is transferring its 
entire charter vessel fishing business, including all the assets of that 
business, to the designated person that would receive the transferred 
permits.
    (k) Community charter halibut permit--(1) General. A Community Quota 
Entity (CQE), as defined in Sec. 679.2 of this title, representing an 
eligible community listed in paragraph (k)(2) of this section, may 
receive one or more community charter halibut permits. A community 
charter halibut permit issued to a CQE will be designated for area 2C or 
area 3A, will be non-transferable, and will have an angler endorsement 
of six (6).
    (2) Eligible communities. Each community charter halibut permit 
issued to a CQE under paragraph (k)(1) of this section will specify the 
name of an eligible community on the permit. Only the following 
communities are eligible to receive community charter halibut permits:
    (i) For Area 2C: Angoon, Coffman Cove, Edna Bay, Hollis, Hoonah, 
Hydaburg, Kake, Kassan, Klawock, Metlakatla, Meyers Chuck, Pelican, 
Point Baker, Port Alexander, Port Protection, Tenakee, Thorne Bay, Whale 
Pass.
    (ii) For Area 3A: Akhiok, Chenega Bay, Halibut Cove, Karluk, Larsen 
Bay, Nanwalek, Old Harbor, Ouzinkie, Port Graham, Port Lyons, Seldovia, 
Tatitlek, Tyonek, Yakutat.
    (3) Limitations. The maximum number of community charter halibut 
permits that may be issued to a CQE for each eligible community the CQE 
represents is as follows:
    (i) A CQE representing an eligible community or communities in 
regulatory area 2C may receive a maximum

[[Page 1049]]

of four (4) community charter halibut permits per eligible community 
designated for Area 2C.
    (ii) A CQE representing an eligible community or communities in 
regulatory area 3A may receive a maximum of seven (7) community charter 
halibut permits per eligible community designated for Area 3A.
    (4) NMFS will not approve a transfer that will cause a CQE 
representing a community or communities to hold more than the total 
number of permits described in paragraphs (k)(4)(i) and (k)(4)(ii) of 
this section, per community, including community charter halibut permits 
granted to the CQE under this paragraph (k) and any charter halibut 
permits acquired by the CQE by transfer under paragraph (i) of this 
section.
    (i) The maximum number of charter halibut and community charter 
halibut permits that may be held by a CQE per community represented by 
the CQE in regulatory area 2C is eight (8).
    (ii) The maximum number of charter halibut and community charter 
halibut permits that may be held by a CQE per community represented by 
the CQE in regulatory area 3A is fourteen (14).
    (5) Limitation on use of permits. The following limitations apply to 
community charter halibut permits issued to a CQE under paragraph (k)(1) 
of this section.
    (i) Every charter vessel fishing trip authorized by such a permit 
and on which halibut are caught and retained must begin or end at a 
location(s) specified on the application for a community charter halibut 
permit and that is within the boundaries of the eligible community 
designated on the permit. The geographic boundaries of the eligible 
community will be those defined by the United States Census Bureau.
    (ii) Community charter halibut permits may be used only within the 
regulatory area for which they are designated to catch and retain 
halibut.
    (6) Application procedure. To be complete, a community charter 
halibut permit application must be signed and dated by the applicant, 
and the applicant must attest that, to the best of the applicants' 
knowledge, all statements in the application are true and complete. An 
application for a community charter halibut permit will be made 
available by NMFS and may be submitted by mail, hand delivery, or 
facsimile at any time to the address(s) listed on the application. 
Electronic deliveries other than facsimile will not be accepted.
    (l) Military charter halibut permit. NMFS will issue a military 
charter halibut permit without an angler endorsement to an applicant 
provided that the applicant is a Morale, Welfare and Recreation Program 
of the United States Armed Services.
    (1) Limitations. A military charter halibut permit is non-
transferable and may be used only in the regulatory area (2C or 3A) 
designated on the permit.
    (2) Application procedure. An applicant may apply for a military 
charter halibut permit at any time. To be complete, a military charter 
halibut permit application must be signed and dated by the applicant, 
and the applicant must attest that, to the best of the applicants' 
knowledge, all statements in the application are true and complete. An 
application for a military charter halibut permit will be made available 
by NMFS and may be submitted by mail, hand delivery, or facsimile at any 
time to the address(s) listed on the application. Electronic deliveries 
other than facsimile will not be accepted.

[75 FR 600, Jan. 5, 2010, as amended at 75 FR 56909, Sept. 17, 2010]

[[Page 1050]]



Sec. Figure 1 to Subpart E of Part 300--Sitka Local Area Management Plan
[GRAPHIC] [TIFF OMITTED] TR18JY05.000


[[Page 1051]]





Sec. Figure 2 to Subpart E of Part 300--Southern Southeast Alaska Rural 
                           and Non-Rural Areas
[GRAPHIC] [TIFF OMITTED] TR04NO09.008


[74 FR 57110, Nov. 4, 2009]

[[Page 1052]]



Sec. Figure 3 to Subpart E of Part 300--Northern Southeast Alaska Rural 
                           and Non-Rural Areas
[GRAPHIC] [TIFF OMITTED] TR04NO09.009


[74 FR 57110, Nov. 4, 2009]

[[Page 1053]]



 Sec. Figure 4 to Subpart E of Part 300--Prince William Sound Rural and 
                             Non-Rural Areas
[GRAPHIC] [TIFF OMITTED] TR04NO09.010


[74 FR 57110, Nov. 4, 2009]

[[Page 1054]]



 Sec. Figure 5 to Subpart E of Part 300--Anchorage, Matanuska-Susitna, 
                   and Kenai Rural and Non-Rural Areas
[GRAPHIC] [TIFF OMITTED] TR04NO09.011


[74 FR 57110, Nov. 4, 2009]

[[Page 1055]]



 Sec. Figure 6 to Subpart E of Part 300--Alaska Peninsula and Aleutian 
                    Islands Rural and Non-Rural Areas
[GRAPHIC] [TIFF OMITTED] TR04NO09.012


[74 FR 57110, Nov. 4, 2009]

[[Page 1056]]



Sec. Figure 7 to Subpart E of Part 300--Western and Central Alaska Rural 
                           and Non-Rural Areas
[GRAPHIC] [TIFF OMITTED] TR04NO09.013


[[Page 1057]]



[74 FR 57110, Nov. 4, 2009]



        Subpart F_Fraser River Sockeye and Pink Salmon Fisheries

    Authority: Pacific Salmon Treaty Act, 16 U.S.C. 3636(b).



Sec. 300.90  Purpose and scope.

    This subpart implements the Pacific Salmon Treaty Act of 1985 (16 
U.S.C. 3631-3644) (Act) and is intended to supplement, not conflict 
with, the fishery regimes and Fraser River Panel regulations adopted 
under the Treaty between the Government of the United States of America 
and the Government of Canada Concerning Pacific Salmon, signed at 
Ottawa, January 28, 1985 (Treaty).



Sec. 300.91  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the Act 
and the Treaty, the terms used in this subpart have the following 
meanings. If a term is defined differently in Sec. 300.2, the Act, or 
the Treaty, the definition in this section shall apply.
    All-citizen means any person who is not a treaty Indian fishing in 
that treaty Indian's tribal treaty fishing places pursuant to treaty 
Indian tribal fishing regulations (whether in compliance with such 
regulations or not).
    Authorized officer means, in addition to those individuals 
identified under authorized officer at Sec. 300.2, any state, Federal, 
or other officer as may be authorized by the Secretary in writing, 
including any treaty Indian tribal enforcement officer authorized to 
enforce tribal fishing regulations.
    Commission means the Pacific Salmon Commission established by the 
Pacific Salmon Treaty.
    Consistent regulation or consistent order means any Federal, state, 
or treaty Indian tribal regulation or order that is in addition to and 
not in conflict with (at least as restrictive as) any regime of the 
Commission, Fraser River Panel regulation, inseason order of the 
Secretary, or these regulations.
    Fishing gear--
    (1) Gill net means a fishing net of single web construction, not 
anchored, tied, staked, placed, or weighted in such a manner that it 
cannot drift.
    (2) Purse seine means all types of fishing gear consisting of a lead 
line, cork line, auxiliary lines, purse line and purse rings and of mesh 
net webbing fashioned in such a manner that it is used to encircle fish, 
and in addition prevent their escape under the bottom or lead line of 
the net by drawing in the bottom of the net by means of the purse line 
so that it forms a closed bag.
    (3) Reef net means a non-self-fishing open bunt square or 
rectangular section of mesh netting suspended between two anchored boats 
fashioned in such a manner that to impound salmon passing over the net, 
the net must be raised to the surface.
    (4) Troll fishing gear means one or more lines that drag hooks with 
bait or lures behind a moving fishing vessel.
    (5) Treaty Indian fishing gear means fishing gear defined 
authorized, and identified under treaty Indian tribal laws and 
regulations in accordance with the requirements of Final Decision No. 1 
and subsequent orders in United States v. Washington, 384 F. Supp. 312 
(W.D. Wash., 1974).
    Fraser River Panel means the Fraser River Panel established by the 
Pacific Salmon Treaty.
    Fraser River Panel Area (U.S.) means the United States' portion of 
the Fraser River Panel Area specified in Annex II of the Treaty as 
follows:
    (1) The territorial water and the high seas westward from the 
western coast of Canada and the United States of America and from a 
direct line drawn from Bonilla Point, Vancouver Island, to the 
lighthouse of Tatoosh Island, Washington--which line marks the entrance 
of Juan de Fuca Strait--and embraced between 48[deg] and 49[deg] N. 
lat., excepting therefrom, however, all the waters of Barkley Sound, 
eastward of a straight line drawn from Amphitrite Point to Cape Beale 
and all the waters of Nitinat Lake and the entrance thereto.
    (2) The waters included within the following boundaries: Beginning 
at Bonilla Point, Vancouver Island, thence along the aforesaid direct 
line drawn from Bonilla Point to Tatoosh Lighthouse, Washington, 
described in paragraph (1) of this definition, thence to the nearest 
point of Cape Flattery, thence following the southerly shore of

[[Page 1058]]

Juan de Fuca Strait to Point Wilson, on Whidbey Island, thence following 
the western shore of the said Whidbey Island, to the entrance to 
Deception Pass, thence across said entrance to the southern side of 
Reservation Bay, on Fidalgo Island, thence following the western and 
northern shore line of the said Fidalgo Island to Swinomish Slough, 
crossing the said Swinomish Slough, in line with the track of the Great 
Northern Railway (Burlington Northern Railroad), thence northerly 
following the shoreline of the mainland to Atkinson Point at the 
northerly entrance to Burrard Inlet, British Columbia, thence in a 
straight line to the southern end of Bowen Island, then westerly 
following the southern shore of Bowen Island to Cape Roger Curtis, 
thence in a straight line to Gower Point, thence westerly following the 
shoreline to Welcome Point on Sechelt Peninsula, thence in a straight 
line to Point Young on Lasqueti Island, thence in a straight line to 
Dorcas Point on Vancouver Island, thence following the eastern and 
southern shores of the said Vancouver Island, to the starting point at 
Bonilla Point, as shown on the British Admiralty Chart Number 579, and 
on the U.S. Coast and Geodetic Survey Chart Number 6300, as corrected to 
March 14, 1930, copies of which are annexed to the 1930 Convention 
between Canada and the United States of America for Protection, 
Preservation, and Extension of the Sockeye Salmon Fishery in the Fraser 
River System as amended, signed May 26, 1930. [Note: U.S. Coast and 
Geodetic Survey Chart Number 6300 has been replaced and updated by NOAA 
Chart Number 18400.]
    (3) The Fraser River and the streams and lakes tributary thereto.
    (4) The Fraser River Panel Area (U.S.) includes Puget Sound 
Management and Catch Reporting Areas 4B, 5, 6, 6A, 6B, 6C, 6D, 7, 7A, 
7B, 7C, 7D, and 7E as defined in the Washington State Administrative 
Code at Chapter 220-22 as of June 27, 1986.
    Fraser River Panel regulations means regulations applicable to the 
Fraser River Panel Area that are recommended by the Commission (on the 
basis of proposals made by the Fraser River Panel) and approved by the 
Secretary of State.
    Mesh size means the distance between the inside of one knot to the 
outside of the opposite (vertical) knot in one mesh of a net.
    Pink salmon means Oncorhynchus gorbuscha.
    Sockeye salmon means the anadromous form of Oncorhynchus nerka.
    Treaty fishing places (of an Indian tribe) means locations within 
the Fraser River Panel Area (U.S.) as determined in or in accordance 
with Final Decision No. 1 and subsequent orders in United States v. 
Washington, 384 F. Supp. 312 (W.D. Wash. 1974), to be places at which 
that treaty Indian tribe may take fish under rights secured by treaty 
with the United States.
    Treaty Indian means any member of a treaty Indian tribe whose treaty 
fishing place is in the Fraser River Panel Area (U.S.) or any assistant 
to a treaty Indian authorized to assist in accordance with Sec. 
300.95(d).
    Treaty Indian tribe means any of the federally recognized Indian 
tribes of the State of Washington having fishing rights secured by 
treaty with the United States to fish for salmon stocks subject to the 
Pacific Salmon Treaty in treaty fishing places within the Fraser River 
Panel Area (U.S.). Currently these tribes are the Makah, Tribe, Lower 
Elwha Klallam Tribe, Port Gamble Klallam Tribe, Jamestown Klallam Tribe, 
Suquamish Tribe, Lummi Tribe, Nooksack Tribe, the Swinomish Indian 
Tribal Community, and the Tulalip Tribe.



Sec. 300.92  Relation to other laws.

    (a) Insofar as they are consistent with this part, any other 
applicable Federal law or regulation, or any applicable law and 
regulations of the State of Washington or of a treaty Indian tribe with 
treaty fishing rights in the Fraser River Panel Area (U.S.) will 
continue to have force and effect in the Fraser River Panel Area (U.S.) 
with respect to fishing activities addressed herein.
    (b) Any person fishing subject to this subpart is bound by the 
international boundaries now recognized by the United States within the 
Fraser River Panel Area (U.S.) described in Sec. 300.91,

[[Page 1059]]

notwithstanding any dispute or negotiation between the United States and 
Canada regarding their respective jurisdictions, until such time as 
different boundaries are published by the United States.
    (c) Any person fishing in the Fraser River Panel Area (U.S.) who 
also fishes for groundfish in the EEZ should consult Federal regulations 
at part 663 of this title for applicable requirements, including the 
requirement that vessels engaged in commercial fishing for groundfish 
(except commercial passenger vessels) have vessel identification in 
accordance with Sec. 663.6. Federal regulations governing salmon 
fishing in the EEZ, which includes a portion of the Fraser River Panel 
Area (U.S.), are at part 661 of this title. Annual regulatory 
modifications are published in the Federal Register.
    (d) Except as otherwise provided in this subpart, general provisions 
governing off-reservation fishing by treaty Indians are found at 25 CFR 
part 249, subpart A. Additional general and specific provisions 
governing treaty Indian fisheries are found in regulations and laws 
promulgated by each treaty Indian tribe for fishermen fishing pursuant 
to tribal authorization.
    (e) Nothing in this subpart relieves a person from any other 
applicable requirements lawfully imposed by the United States, the State 
of Washington, or a treaty Indian tribe.



Sec. 300.93  Reporting requirements.

    Any person fishing for sockeye or pink salmon within the Fraser 
River Panel Area (U.S.) and any person receiving or purchasing fish 
caught by such persons are subject to State of Washington reporting 
requirements at Washington Administrative Code, Chapter 220-69. Treaty 
Indian fishermen are subject also to tribal reporting requirements. No 
separate Federal reports are required.



Sec. 300.94  Prohibitions and restrictions.

    In addition to the prohibitions in Sec. 300.4, the following 
prohibitions and restrictions apply.
    (a) In addition to the prohibited acts set forth in the Act at 16 
U.S.C. 3637(a), the following restrictions apply to sockeye and pink 
salmon fishing in the Fraser River Panel Area (U.S.):
    (1) The Fraser River Panel Area (U.S.) is closed to sockeye and pink 
salmon fishing, unless opened by Fraser River Panel regulations or by 
inseason orders of the Secretary issued under Sec. 300.97 that give 
effect to orders of the Fraser River Panel, unless such orders are 
determined not to be consistent with domestic legal obligations. Such 
regulations and inseason orders may be further implemented by 
regulations promulgated by the United States, the State of Washington, 
or any treaty Indian tribe, which are also consistent with domestic 
legal obligations.
    (2) It is unlawful for any person or fishing vessel subject to the 
jurisdiction of the United States to fish for, or take and retain, any 
sockeye or pink salmon:
    (i) Except during times or in areas that are opened by Fraser River 
Panel regulations or by inseason order, except that this provision will 
not prohibit the direct transport of legally caught sockeye or pink 
salmon to offloading areas.
    (ii) By means of gear or methods not authorized by Fraser River 
Panel regulations, inseason orders, or other applicable Federal, state, 
or treaty Indian tribal law.
    (iii) In violation of any applicable area, season, species, zone, 
gear, or mesh size restriction.
    (b) It is unlawful for any person or fishing vessel subject to the 
jurisdiction of the United States to--
    (1) Remove the head of any sockeye or pink salmon caught in the 
Fraser River Panel Area (U.S.), or possess a salmon with the head 
removed, if that salmon has been marked by removal of the adipose fin to 
indicate that a coded wire tag has been implanted in the head of the 
fish.
    (2) Fail to permit an authorized officer to inspect a record or 
report required by the State of Washington or treaty Indian tribal 
authority.
    (c) Notwithstanding paragraph (a) of this section, nothing in this 
subpart will be construed to prohibit the retention of sockeye or pink 
salmon caught by any person while lawfully engaged

[[Page 1060]]

in a fishery for subsistence or ceremonial purposes pursuant to treaty 
Indian tribal regulations, for recreational purposes pursuant to 
recreational fishing regulations promulgated by the State of Washington, 
or as otherwise authorized by treaty Indian tribal or State of 
Washington law or regulation, provided that such treaty Indian tribal or 
State regulation is consistent with U.S.-approved Commission fishery 
regimes, Fraser River Panel regulations, or inseason orders of the 
Secretary applicable to fishing in the Fraser River Panel Area (U.S.).
    (d) The following types of fishing gear are authorized, subject to 
the restrictions set forth in this subpart and according to the times 
and areas established by Fraser River Panel regulations or inseason 
orders of the Secretary:
    (1) All citizens: Gill net, purse seine, reef net, and troll fishing 
gear. Specific restrictions on all citizens gear are contained in the 
Washington State Administrative Code of Chapter 220-47.
    (2) Treaty Indians: Treaty Indian fishing gear.
    (e) Geographic descriptions of Puget Sound Salmon Management and 
Catch Reporting Areas, which are referenced in the Commission's regimes, 
Fraser River Panel regulations, and in inseason orders of the Secretary, 
are found in the Washington State Administrative Code at Chapter 220-22.



Sec. 300.95  Treaty Indian fisheries.

    (a) Any treaty Indian must comply with this section when fishing for 
sockeye and pink salmon at the treaty Indian tribe's treaty fishing 
places in the Fraser River Panel Area (U.S.) during the time the 
Commission or the Secretary exercises jurisdiction over these fisheries. 
Fishing by a treaty Indian outside the applicable Indian tribe's treaty 
fishing places will be subject to the Fraser River Panel regulations and 
inseason orders applicable to all citizens, as well as to the 
restrictions set forth in this section.
    (b) Nothing in this section will relieve a treaty Indian from any 
applicable law or regulation imposed by a treaty Indian tribe, or from 
requirements lawfully imposed by the United States or the State of 
Washington in accordance with the requirements of Final Decision No. 1 
and subsequent orders in United States v. Washington, 384 F. Supp. 312 
(W.D. Wash., 1974).
    (c) Identification. (1) Any treaty Indian fishing under the 
authority of this subpart must have in his or her possession at all 
times while fishing or engaged in any activity related to fishing the 
treaty Indian identification required by 25 CFR 249.3 or by applicable 
tribal law.
    (2) Any person assisting a treaty Indian under the authority of 
paragraph (d) of this section must have in his or her possession at all 
such times a valid identification card issued by the Bureau of Indian 
Affairs or by a treaty Indian tribe, identifying the holder as a person 
qualified to assist a treaty Indian. The identification card must 
include the name of the issuing tribe, the name, address, date of birth, 
and photograph of the assistant, and the name and identification number 
of the treaty Indian whom the assistant is authorized to assist.
    (3) Identification described in paragraph (c) (1) or (2) of this 
section must be shown on demand to an authorized officer by the treaty 
Indian or authorized assistant.
    (4) Any treaty Indian fishing under this subpart must comply with 
the treaty Indian vessel and gear identification requirements of Final 
Decision No. 1 and subsequent orders in United States v. Washington, 384 
F. Supp. 312 (W.D. Wash., 1974).
    (d) Fishing assistance. (1) Any member of a treaty Indian tribe 
fishing under this subpart may, if authorized by the treaty Indian's 
tribe, receive fishing assistance from, and only from, the treaty Indian 
tribal member's spouse, forebears, children, grandchildren, and 
siblings, as authorized by the U.S. District Court for the Western 
District of Washington in United States v. Washington, 384 F. Supp. 312 
(W.D. Wash., 1974). For purposes of this section, the treaty Indian 
tribal member whom the assistant is authorized to assist must be present 
aboard the fishing vessel at all times while engaged in the exercise of 
treaty Indian fishing rights subject to this subpart.

[[Page 1061]]

    (2) No treaty Indian may, while fishing at a treaty fishing place in 
accordance with treaty-secured fishing rights, permit any person 16 
years of age or older other than the authorized holder of a currently 
valid identification card issued in accordance with the requirements of 
paragraphs (c) (1) and (2) of this section to fish for said treaty 
Indian, assist said treaty Indian in fishing, or use any gear or fishing 
location identified as said treaty Indian's gear or location.
    (3) Treaty Indians are prohibited from participating in a treaty 
Indian fishery under this section at any time persons who are not treaty 
Indians are aboard the fishing vessel or in contact with fishing gear 
operated from the fishing vessel, unless such persons are authorized 
employees or officers of a treaty Indian tribe or tribal fisheries 
management organization, the Northwest Indian Fisheries Commission, the 
Commission, or a fisheries management agency of the United States or the 
State of Washington.



Sec. 300.96  Penalties.

    Any treaty Indian who commits any act that is unlawful under this 
subpart normally will be referred to the applicable tribe for 
prosecution and punishment. If such tribe fails to prosecute such 
persons in a diligent manner for the offense(s) referred to the tribe, 
or if other good cause exists, such treaty Indian may be subject to the 
penalties and procedures described in the Magnuson-Stevens Act.



Sec. 300.97  Inseason orders.

    (a) During the fishing season, the Secretary may issue orders that 
establish fishing times and areas consistent with the annual Commission 
regime and inseason orders of the Fraser River Panel. Inseason orders 
will be consistent with domestic legal obligations. Violation of such 
inseason orders is violation of this subpart.
    (b) Notice of inseason orders. (1) Official notice of such inseason 
orders is available from NMFS (for orders applicable to all-citizen 
fisheries) and from the Northwest Indian Fisheries Commission (for 
orders applicable to treaty Indian fisheries) through Area Code 206 
toll-free telephone hotlines. All-citizen fisheries: the hotline 
telephone number is published in the inseason notice procedures section 
of the annual management measures for West Coast Salmon Fisheries, 
published in the Federal Register; Treaty Indian fisheries hotline: 1-
800-562-6142.
    (2) Notice of inseason orders of the Secretary and other applicable 
tribal regulations may be published and released according to tribal 
procedures in accordance with Final Decision No. 1 and subsequent orders 
in United States v. Washington, 384 F. Supp. 312 (W.D. Wash., 1974).
    (3) Inseason orders may also be communicated through news releases 
to radio and television stations and newspapers in the Fraser River 
Panel Area (U.S.).
    (4) Inseason orders of the Secretary will also be published in the 
Federal Register as soon as practicable after they are issued.

[61 FR 35550, July 5, 1996, as amended at 74 FR 44771, Aug. 31, 2009]



               Subpart G_Antarctic Marine Living Resources

    Authority: 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq.



Sec. 300.100  Purpose and scope.

    (a) This subpart implements the Antarctic Marine Living Resources 
Convention Act of 1984 (Act).
    (b) This subpart regulates--
    (1) The harvesting of Antarctic marine living resources or other 
associated activities by any person subject to the jurisdiction of the 
United States or by any vessel of the United States.
    (2) The importation into the United States of any Antarctic marine 
living resource.



Sec. 300.101  Definitions.

    In addition to the terms defined in Sec. 300.2, in the Act, and in 
the Convention on the Conservation of Antarctic Marine Living Resources, 
done at Canberra, Australia, May 7, 1980 (Convention). Convention, the 
terms used in this subpart have the following meanings. If a term is 
defined differently in Sec. 300.2, such Act, or such Convention,

[[Page 1062]]

the definition in this section shall apply.
    ACA means the Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et 
seq.).
    Antarctic convergence means a line joining the following points 
along the parallels of latitude and meridians of longitude:

Lat.                              Long.
50[deg] S.                        0.
50[deg] S.                        30[deg] E.
45[deg] S.                        30[deg] E.
45[deg] S.                        80[deg] E.
55[deg] S.                        80[deg] E.
55[deg] S.                        150[deg] E.
60[deg] S.                        150[deg] E.
60[deg] S.                        50[deg] W.
50[deg] S.                        50[deg] W.
50[deg] S.                        0.
 

    Antarctic finfishes include the following:

------------------------------------------------------------------------
              Scientific name                        Common name
------------------------------------------------------------------------
Gobionotothen gibberifrons................  Humped rockcod.
Notothenia rossii.........................  Marbled rockcod.
Lepidorhirus squamifrons..................  Grey rockcod.
Lepidonotothen kempi......................  Striped-eyed rockcod.
Dissostichus eleginoides..................  Patagonian toothfish.
Dissostichus mawsoni......................  Antarctic toothfish.
Electrona carlsbergi......................  Lanternfish.
Patagonothen brevicauda guntheri..........  Patagonian rockcod.
Pleuragramma antarcticum..................  Antarctic silverfish.
Trematomus spp............................  Antarctic cods.
Chaenocephalus aceratus...................  Blackfin icefish.
Chaenodraco wilsoni.......................  Spiny icefish.
Champsocephalus gunnari...................  Mackerel icefish.
Chionodraco rastrospinosus................  Ocellated icefish.
Pseudochaenichthys georgianus.............  South Georgia icefish.
------------------------------------------------------------------------

    Antarctic marine living resources or AMLR(s) means:
    (1) The populations of finfish, mollusks, crustaceans, and all other 
species of living organisms, including birds, found south of the 
Antarctic Convergence;
    (2) All parts or products of those populations and species set forth 
in paragraph (1) of this definition.
    Centralized Vessel Monitoring System (C-VMS) means a system that 
uses satellite-linked vessel monitoring devices to allow for the 
reporting of vessel positional data, either directly to the CCAMLR 
Secretariat or to the CCAMLR Secretariat through the relevant Flag 
State.
    Commission means the Commission for the Conservation of Antarctic 
Marine Living Resources established under Article VII of the Convention.
    Convention waters means all waters south of the Antarctic 
Convergence.
    Dealer means the person who first receives AMLRs from a harvesting 
vessel or transshipment vessel or who imports AMLRs into, or re-exports 
AMLRs from, the United States.
    Directed fishing, with respect to any species or stock of fish, 
means any fishing that results in such fish comprising more than 1 
percent by weight, at any time, of the catch on board the vessel.
    Dissostichus catch document (DCD) means the uniquely numbered catch 
documentation form approved by the Commission and issued by a flag state 
to its vessels authorized to harvest Dissostichus species.
    Dissostichus species means Patagonian toothfish and/or Antarctic 
toothfish and their parts or products.
    Export as used in Sec. 300.107(c) means any movement of a catch in 
its harvested or processed form from a territory under the control of 
the State or free trade zone of landing, or, where that State or free 
trade zone forms part of a customs union, any other Member State of that 
customs union.
    Fish means finfish, mollusks, and crustaceans.
    Fishery means:
    (1) One or more stocks of fish that can be treated as a unit for 
purposes of conservation and management and that are identified on the 
basis of geographical, scientific, technical, recreational, and economic 
characteristics.
    (2) Any fishing for such stocks.
    Harvesting vessel means any vessel of the United States (this 
includes any boat, ship, or other craft), that is used for, equipped to 
be used for, or of a type that is normally used for harvesting.
    Import as used in Sec. Sec. 300.107(c) and 300.114 means the 
physical entering or bringing of a catch into any part of the 
geographical territory under the control of a State, except where the 
catch is landed or transshipped within the definitions of landing or 
transshipment.
    Individual permit means an NSF permit issued under 45 CFR part 670; 
or an NSF award letter (demonstrating that the individual has received 
an award

[[Page 1063]]

from NSF to do research in the Antarctic); or a marine mammal permit 
issued under Sec. 216.31 of this chapter; or an endangered species 
permit issued under Sec. 222.21 of this chapter.
    Inspection vessel means a vessel carrying a CCAMLR inspector and 
displaying the pennant approved by the Commission to identify such 
vessel.
    International observer means a scientific observer operating in 
accordance with the CCAMLR Scheme of International Scientific 
Observation and the terms of a bilateral arrangement concluded between 
the United States and a Member of CCAMLR for the placement of a U.S. 
national onboard a vessel flagged by a Member of CCAMLR or for the 
placement of the national of a Member of CCAMLR onboard a U.S. flagged 
vessel.
    Land or Landing means to begin offloading any fish, to arrive in 
port with the intention of offloading any fish, or to cause any fish to 
be offloaded; except for purposes of catch documentation as provided for 
in Sec. 300.107(c), land or landing means the initial transfer of catch 
in its harvested or processed form from a vessel to dockside or to 
another vessel in a port or free trade zone where the catch is certified 
by an authority of the Port State as landed.
    Mobile transceiver unit means a vessel monitoring system or VMS 
device, as set forth at Sec. 300.116, installed on board a vessel that 
is used for vessel monitoring and transmitting the vessel's position as 
required by this subpart.
    National observer means a U.S. national placed and operating onboard 
a U.S. flagged vessel as a scientific observer or a foreign flagged 
vessel in accordance with Sec. 300.113.
    NSF means National Science Foundation, 4201 Wilson Boulevard, 
Arlington, VA 22230.
    Office for Law Enforcement (OLE) refers to the National Marine 
Fisheries Service, Office for Law Enforcement, Northeast Division.
    Port State means the State that has control over a particular port 
area or free trade zone for the purposes of landing, transshipment, 
importing, exporting and re-exporting and whose authority serves as the 
authority for landing or transshipment certification.
    Port-to-port means from the time the vessel leaves port to the time 
that the vessel returns to port and at all points in between.
    Real-time means as soon as possible, but at least every 4 hours with 
no more than a 4-hour delay.
    Recreational fishing means fishing with hook and line for personal 
use and not for sale.
    Re-export as used in Sec. Sec. 300.107(c) and 300.114 means any 
movement of a catch in its harvested or processed form from a territory 
under the control of a State, free trade zone, or Member State of a 
customs union of import unless that State, free trade zone, or any 
Member State of that customs union of import is the first place of 
import, in which case the movement is an export within the definition of 
export.
    Scientific research activity means any activity for which a person 
has a permit from NMFS under Sec. 216.31 of this title or an award 
letter from NSF or a permit from the NSF under 45 CFR part 670. 
Scientific research activities may also include harvesting or other 
associated activities if such activities are designated as scientific 
research activities by the Assistant Administrator.
    Seal excluder device means a barrier within the body of a trawl 
comprised of a metal frame, nylon mesh, or any material that results in 
an obstruction to seals between the mouth opening and the cod end of the 
trawl. The body of the trawl net forward of the barrier must include an 
escape opening through which seals entering the trawl can escape.
    Specially Validated Dissostichus Catch Document (SVDCD) means a 
Dissostichus catch document that has been specially issued by a State to 
accompany seized or confiscated catch of Dissostichus spp. offered for 
sale or otherwise disposed of by the State.
    Transship or transshipment means the transfer of fish or fish 
products from one vessel to another; Except for purposes of catch 
documentation as provided for in Sec. Sec. 300.107(c) and 300.114, 
transship or transshipment means the transfer at sea of a catch in its 
harvested or processed form from a vessel to another vessel or means of 
transport and, where such transfer takes place

[[Page 1064]]

within the territory under the control of a Port State, for the purposes 
of effecting its removal from that State. Temporarily placing a catch on 
land or on an artificial structure to facilitate such transfer does not 
prevent the transfer from being a transshipment where the catch is not 
landed with the definition of landing.
    Vessel Monitoring System (VMS) means a system that uses a mobile 
transceiver unit on vessels that take AMLR, and that allows a Flag 
State, through the installation of satellite-tracking devices on board 
its fishing vessels, to receive automatic transmission of positional and 
other information, consistent with relevant CCAMLR conservation 
measures.

[61 FR 35550, July 5, 1996, as amended at 65 FR 30015, May 10, 2000; 68 
FR 23227, May 1, 2003; 72 FR 48508, Aug. 23, 2007; 75 FR 18111, Apr. 9, 
2010]



Sec. 300.102  Relationship to other treaties, conventions, laws,
and regulations.

    (a) Other conventions and treaties to which the United States is a 
party and other Federal statutes and implementing regulations may impose 
additional restrictions on the harvesting and importation into the 
United States of AMLRs.
    (b) The ACA implements the Antarctic Treaty Agreed Measures for the 
Conservation of Antarctic Fauna and Flora (12 U.S.T. 794). The ACA and 
its implementing regulations (45 CFR part 670) apply to certain defined 
activities of U.S. citizens south of 60[deg] S. lat.
    (c) The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et 
seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the 
Migratory Bird Treaty Act (16 U.S.C. 701 et seq.), and their 
implementing regulations also apply to the harvesting and importation of 
AMLRs.



Sec. 300.103  Procedure for according protection to CCAMLR Ecosystem 
Monitoring Program Sites.

    (a) General. (1) Any person subject to the jurisdiction of the 
United States must apply for and be granted an entry permit authorizing 
specific activities prior to entering a CCAMLR Ecosystem Monitoring 
Program (CEMP) Protected Site designated in accordance with the CCAMLR 
Conservation Measure describing the Procedures for According Protection 
for CEMP Sites.
    (2) If a CEMP Protected Site is also a site specially protected 
under the Antarctic Treaty (or the Protocol on Environmental Protection 
to the Antarctic Treaty and its Annexes, when it enters into force), an 
applicant seeking to enter such a Protected Site must apply to the 
Director of the NSF for a permit under applicable provisions of the ACA 
or any superseding legislation. The permit granted by NSF shall 
constitute a joint CEMP/ACA Protected Site permit and any person holding 
such a permit must comply with the appropriate CEMP Protected Site 
Management Plan. In all other cases, an applicant seeking a permit to 
enter a CEMP Protected Site must apply to the Assistant Administrator 
for a CEMP permit in accordance with the provisions of this section.
    (b) Responsibility of CEMP permit holders and persons designated as 
agents under a CEMP permit. (1) The CEMP permit holder and person 
designated as agents under a CEMP permit are jointly and severally 
responsible for compliance with the Act, this subpart, and any permit 
issued under this subpart.
    (2) The CEMP permit holder and agents designated under a CEMP permit 
are responsible for the acts of their employees and agents constituting 
violations, regardless of whether the specific acts were authorized or 
forbidden by the CEMP permit holder or agents, and regardless of 
knowledge concerning their occurrence.
    (c) Prohibitions regarding the Antarctic Treaty System and other 
applicable treaties and statutes. Holders of permits to enter CEMP 
Protected Sites are not permitted to undertake any activities within a 
CEMP Protected Site that are not in compliance with the provisions of:
    (1) The Antarctic Treaty, including the Agreed Measures for the 
Conservation of Antarctic Fauna and Flora (including the Protocol on the 
Environmental Protection to the Antarctic Treaty and its Annexes when it 
enters into force), as implemented under by the ACA and any superseding 
legislation. (Persons interested in conducting

[[Page 1065]]

activities subject to the Antarctic Treaty or the Protocol should 
contact the Office of Polar Programs, NSF).
    (2) The Convention for the Conservation of Antarctic Seals.
    (3) The Convention and its Conservation Measures in force, 
implemented under the Act.
    (d) Prohibitions on takings. Permits issued under this section do 
not authorize any takings as defined in the applicable statutes and 
implementing regulations governing the activities of persons in 
Antarctica.
    (e) Issuance criteria. Permits designated in this section may be 
issued by the Assistant Administrator upon a determination that:
    (1) The specific activities meet the requirements of the Act.
    (2) There is sufficient reason, established in the permit 
application, that the scientific purpose for the intended entry cannot 
be served elsewhere.
    (3) The actions permitted will not violate any provisions or 
prohibitions of the Protected Site's Management Plan submitted in 
compliance with the CCAMLR Conservation Measure describing the 
Procedures for According Protection to CEMP Sites.
    (f) Application process. An applicant seeking a CEMP permit from the 
Assistant Administrator to enter a CEMP Protected Site shall include the 
following in the application.
    (1) A detailed justification that the scientific objectives of the 
applicant cannot be accomplished elsewhere and a description of how said 
objectives will be accomplished within the terms of the Protected Site's 
Management Plan.
    (2) A statement signed by the applicant that the applicant has read 
and fully understands the provisions and prohibitions of the Protected 
Site's Management Plan. Prospective applicants may obtain copies of the 
relevant Management Plans and the CCAMLR Conservation Measure describing 
the Procedures for According Protection to CEMP Sites by requesting them 
from the Assistant Administrator.
    (g) Conditions. CEMP permits issued under this section will contain 
special and general conditions including a condition that the permit 
holder shall submit a report describing the activities conducted under 
the permit within 30 days of the expiration of the CEMP permit.
    (h) Duration. Permits issued under this section are valid for a 
period of up to five years. Applicants requesting a permit to reenter a 
Protected Site must include the most recent report required by the 
general condition in the previously issued CEMP permit describing the 
activities conducted under authority of that permit.
    (i) Transfer. CEMP permits are not transferable or assignable. A 
CEMP permit is valid only for the person to whom it is issued.
    (j) Modification. (1) CEMP permits can be modified by submitting a 
request to the Assistant Administrator. Such requests shall specify:
    (i) The action proposed to be taken along with a summary of the 
reasons therefore.
    (ii) The steps that the permit holder may take to demonstrate or 
achieve compliance with all lawful requirements.
    (2) If a requested modification is not in compliance with the terms 
of the Protected Site's Management Plan, the Assistant Administrator 
will treat the requested modification as an application for a new CEMP 
permit and so notify the holder. Modifications will be acted upon within 
30 days of receipt. The CEMP permit holder must report to the Assistant 
Administrator any change in previously submitted information within 10 
days of the change.
    (3) Additional conditions and restrictions. The Assistant 
Administrator may revise the CEMP permit effective upon notification of 
the permit holder, to impose additional conditions and restrictions as 
necessary to achieve the purposes of the Convention, the Act and the 
CEMP Management Plan. The CEMP permit holder must, as soon as possible, 
notify any and all agents operating under the permit of any and all 
revisions or modifications to the permit.
    (k) Revocation or suspension. CEMP permits may be revoked or 
suspended based upon information received by the Assistant Administrator 
and such revocation or suspension shall be effective upon notification 
to the permit holder.

[[Page 1066]]

    (1) A CEMP permit may be revoked or suspended based on a violation 
of the permit, the Act, or this subpart.
    (2) Failure to report a change in the information submitted in a 
CEMP permit application within 10 days of the change is a violation of 
this subpart and voids the application or permit, as applicable. Title 
15 CFR part 904 governs permit sanctions under this subpart.
    (l) Exceptions. Entry into a Protected Site described in this 
section is lawful if committed under emergency conditions to prevent the 
loss of human life, compromise human safety, prevent the loss of vessels 
or aircraft, or to prevent environmental damage.
    (m) Protected sites. (1) Sites protected by the Antarctic Treaty and 
regulated under the ACA are listed at 45 CFR part 670 subparts G and H.
    (2) The following sites have been identified as CEMP Protected Sites 
subject to the regulatory authority of the Act:
    (i) Seal Islands, South Shetland Islands--The Seal Islands are 
composed of islands and skerries located approximately 7 km north of the 
northwest corner of Elephant Island, South Shetland Islands. The Seal 
Islands CEMP Protected Site includes the entire Seal Islands group, 
which is defined as Seal Island plus any land or rocks exposed at mean 
low tide within a distance of 5.5 km of the point of highest elevation 
on Seal Island. Seal Island is situated at 60[deg]59[min]14[sec] S. 
lat., 55[deg]23[min]04[sec] W. long.
    (ii) Cape Shirreff and the San Telmo Islands. This designation takes 
effect on May 1, 1995. Cape Shirreff is a low, ice-free peninsula 
towards the western end of the north coast of Livingston Island, South 
Shetland Islands, situated at 62[deg]29[min] S. lat., 60[deg]47[min] W. 
long., between Barclay Bay and Hero Bay. San Telmo Island is the largest 
of a small group of ice-free rock islets, approximately 2 km west of 
Cape Shirreff. The boundaries of the Cape Shirreff CEMP Protected Site 
are identical to the boundaries of the Site of Special Scientific 
Interest No. 32, as specified by ATCM Recommendation XV-7. No manmade 
boundary markers indicate the limits of the SSSI or protected site. The 
boundaries are defined by natural features and include the entire area 
of the Cape Shirreff peninsula north of the glacier ice tongue margin, 
and most of the San Telmo Island group. For the purposes of the 
protected site, the entire area of Cape Shirreff and the San Telmo 
Island group is defined as any land or rocks exposed at mean low tide 
within the area delimited by the map of SSSI No. 32 and available from 
the Assistant Administrator.

[61 FR 35550, July 5, 1996, as amended at 68 FR 23227, May 1, 2003]



Sec. 300.104  Scientific research.

    (a) The management measures issued pursuant to the procedures at 
Sec. 300.111 do not apply to catches of less than 5 tons taken by any 
vessel for research purposes, unless otherwise indicated.
    (b) Catches taken by any vessel for research purposes will be 
considered as part of any catch limit.
    (c) The catch reporting procedure identified in management measures 
issued pursuant to the procedures at Sec. 300.111 applies whenever the 
catch within any 5-day reporting period exceeds 5 tons, unless more 
specific reporting requirements apply to the species being fished.
    (d) Any person, organization or institution planning to use a vessel 
for research purposes, when the estimated catch is expected to be less 
than 50 tons, must provide the following vessel and research 
notification to the Assistant Administrator at least 2 months in advance 
of the planned research:
    (1) Name and registration number of vessel.
    (2) Division and subarea in which research is to be carried out.
    (3) Estimated dates of entering and leaving CCAMLR Convention Area.
    (4) Purposes of research.
    (5) Fishing equipment to be used (bottom trawl, midwater trawl, 
longline, crab pots, other).
    (e) The following measures apply to any person planning to use any 
vessel for research purposes, when the estimated catch is expected to be 
more than 50 tons:
    (1) The person must use the CCAMLR Format for Reporting Plans for 
Finfish Surveys in the Convention Area when the Total Catch is Expected 
to be More Than 50 Tons to report the details of

[[Page 1067]]

the research plan to the Assistant Administrator at least 7 months in 
advance of the planned starting date for the research. A copy of the 
format is available from the Assistant Administrator.
    (2) The format requires:
    (i) The name of the CCAMLR Member.
    (ii) Survey details.
    (iii) Description of the vessel.
    (iv) Description of the fishing gear to be used.
    (v) Description of acoustic gear to be used.
    (vi) Survey design and methods of data analyses.
    (vii) Data to be collected.
    (3) A summary of the results of any research fishing subject to 
these provisions must be provided to the Assistant Administrator within 
150 days of the completion of the research fishing and a full report 
must be provided within 11 months.
    (4) Catch and effort data resulting from the research fishing must 
be reported to the Assistant Administrator using the CCAMLR C4 haul-by-
haul reporting format for research vessels.



Sec. 300.105  Initiating a new fishery.

    (a) A new fishery, for purposes of this section, is a fishery on a 
species using a particular method in a statistical subarea for which:
    (1) Information on distribution, abundance, demography, potential 
yield and stock identity from comprehensive research/surveys or 
exploratory fishing has not been submitted to CCAMLR;
    (2) Catch and effort data have never been submitted to CCAMLR; or
    (3) Catch and effort data from the two most recent seasons in which 
fishing occurred have not been submitted to CCAMLR.
    (b) An individual subject to these regulations intending to develop 
a new fishery shall notify the Assistant Administrator no later than 
July 1 of the year in which he or she intends to initiate the fishery 
and shall not initiate the fishery pending CCAMLR review.
    (c) The notification shall be accompanied by information on:
    (1) The nature of the proposed fishery, including target species, 
methods of fishing, proposed region and any minimum level of catches 
that would be required to develop a viable fishery.
    (2) Biological information from comprehensive research/survey 
cruises, such as distribution, abundance, demographic data and 
information on stock identity.
    (3) Details of dependent and associated species and the likelihood 
of them being affected by the proposed fishery.
    (4) Information from other fisheries in the region or similar 
fisheries elsewhere that may assist in the valuation of potential yield.



Sec. 300.106  Exploratory fisheries.

    (a) An exploratory fishery, for purposes of this section, is a 
fishery that was previously defined as a new fishery under Sec. 
300.105.
    (b) A fishery will continue to be classified as an exploratory 
fishery until sufficient information is available to:
    (1) Evaluate the distribution, abundance, and demography of the 
target species, leading to an estimate of the fishery's potential yield.
    (2) Review the fishery's potential impacts on dependent and related 
species.
    (3) Allow the CCAMLR Scientific Committee to formulate and provide 
advice to the Commission on appropriate harvest catch levels and fishing 
gear.
    (c) The operator of any vessel engaging in an exploratory fishery 
must submit, by the date specified in the operator's harvesting permit, 
catch, effort, and related biological, ecological, and environmental 
data as required by a data collection plan for the fishery formulated by 
the CCAMLR Scientific Committee.
    (d) In addition to the requirements in Sec. 300.112, any individual 
planning to enter an exploratory fishery must notify the Assistant 
Administrator no later than 4 months in advance of the annual meeting of 
CCAMLR. The Assistant Administrator will not issue a permit to enter an 
exploratory fishery until after the requirements of Sec. 300.112 have 
been met and the meeting of CCAMLR, which receives and considers the 
notice made to the Assistant Administrator, has been concluded.

[61 FR 35550, July 5, 1996, as amended at 72 FR 48509, Aug. 23, 2007]

[[Page 1068]]



Sec. 300.107  Reporting and recordkeeping requirements.

    (a) Vessels. The operator of any vessel required to have a 
harvesting permit under this subpart must:
    (1) Accurately maintain on board the vessel all CCAMLR reports and 
records required by its permit.
    (2) Make such reports and records available for inspection upon the 
request of an authorized officer or CCAMLR inspector.
    (3) Within the time specified in the permit, submit a copy of such 
reports and records to NMFS at an address designated by NMFS.
    (4) Install a NMFS approved VMS unit on board U.S. vessels 
harvesting AMLR for use in real-time C-VMS port-to-port reporting to a 
NMFS-designated land-based fisheries monitoring center or centers. The 
requirements for the installation and operation of the VMS are set forth 
in Sec. 300.116.
    (b) Dealers. Dealers of AMLRs required to have a permit under this 
subpart must:
    (1) Accurately maintain all reports and records required by their 
permits;
    (2) Make such reports and records available for inspection upon the 
request of an authorized officer or CCAMLR inspector; and
    (3) Within the time specified in the permit, submit a copy of such 
reports and records to NMFS at an address designated by NMFS.
    (c) Catch documentation--(1) General. (i) The CCAMLR DCD must 
accompany all shipments of Dissostichus species as required in this 
paragraph (c).
    (ii) No shipment of Dissostichus species shall be released for entry 
into the United States unless accompanied by a complete and validated 
CCAMLR DCD.
    (iii) No shipment of Dissostichus species identified as originating 
from a high seas area designated by the Food and Agriculture 
Organization of the United Nations as Statistical Area 51 or Statistical 
Area 57 in the eastern and western Indian Ocean outside and north of the 
Convention Area shall be issued a preapproval.
    (2) Harvesting vessels. (i) In addition to any AMLR harvesting 
permit or a High Seas Fishing Compliance Act permit issued pursuant to 
Sec. 300.12, a U.S. vessel harvesting or attempting to harvest 
Dissostichus species, wherever found, must possess a DCD issued by NMFS 
which is non-transferable. The master of the harvesting vessel must 
ensure that catch information specified on the DCD is accurately 
recorded.
    (ii) Prior to offloading of Dissostichus species, the master of the 
harvesting vessel must:
    (A) electronically convey by the most rapid means possible catch 
information to NMFS and record on the DCD a confirmation number received 
from NMFS;
    (B) Obtain on the DCD (or copies thereof) the signature(s) of the 
following persons: if catch is offloaded for transshipment, the master 
of the vessel(s) to which the catch is transferred; or if catch is 
offloaded for landing, the signature of both the responsible official(s) 
designated by NMFS in the harvesting permit, and the dealer(s) that 
receives the catch at the port(s) of landing; and
    (C) Sign the DCD (or copies thereof), electronically convey by the 
most rapid means possible each copy to NMFS, and provide a copy to each 
recipient of the catch.
    (iii) The master of the harvesting vessel must submit the original 
DCD (or all copies thereof with original signatures) to NMFS no later 
than 30 days after the end of the fishing season as authorized for that 
vessel on its harvesting permit.
    (3) Transshipment vessels. (i) The master of a U.S. vessel issued a 
permit to transship Dissostichus species must, upon receipt of 
Dissostichus species, sign each DCD provided by the master of the 
harvesting vessel.
    (ii) Prior to landing Dissostichus species, the master of the 
transshipping vessel must:
    (A) Obtain on each DCD (or copies thereof) the signature(s) of both 
the responsible official(s) designated by NMFS in the permit, and the 
dealer(s) that receives the catch at the port(s) of landing and
    (B) Sign each DCD (or copies thereof), and electronically convey by 
the most rapid means possible each copy to NMFS and to the flag state(s) 
of the harvesting vessel(s) and provide a copy

[[Page 1069]]

to each dealer receiving Dissostichus species.
    (iii) The master of the transshipping vessel must submit all DCDs 
with original signatures to NMFS no later than 30 days after offloading 
and retain copies for a period of 2 years.
    (4) Receivers upon landing. Any dealer who receives Dissostichus 
species from a harvesting vessel or from a transshipment vessel must 
sign the DCD(s) provided by the master of the vessel.
    (5) Import. (i) In order to import frozen Dissostichus species into 
the United States, any dealer must:
    (A) Submit a preapproval application including the document number 
and export reference number on the DCD corresponding to the intended 
import shipment and, if necessary, additional information for NMFS to 
verify the use of real-time C-VMS port-to-port regardless of where the 
fish were harvested; and receive preapproval from NMFS.
    (B) Ensure that the quantity of toothfish listed on the DCD (or 
Dissostichus re-export document if product is to be re-exported) matches 
the quantity listed on the preapproval application within a variance of 
10 percent,
    (C) The document and export reference numbers described in paragraph 
(c)(5)(i)(A) of this section must be entered by the dealer on the 
preapproval application for the shipment and sent to the address 
designated by NMFS so that NMFS receives the documentation at least 15 
working days prior to import.
    (D) Retain a copy of the DCD for his/her records and provide copies 
to exporters as needed.
    (ii) Dealers must retain at their place of business a copy of the 
DCD for a period of 2 years from the date on the DCD.
    (iii) Any dealer who imports fresh Dissostichus species must 
complete a report of each shipment and submit the report to NMFS within 
24 hours following importation. Verification of the use of real-time C-
VMS port-to-port is not required for imports of fresh Dissostichus 
species.
    (6) Re-export. (i) In order to re-export Dissostichus species, any 
dealer must:
    (A) Submit to NMFS a completed paper-based NMFS application for a 
Dissostichus re-export document that includes the following information:
    (1) The species, product type, and amount from the original DCD(s) 
that is requested for export in the particular export shipment;
    (2) The number of the original DCD(s);
    (3) The name and address of the importer and point of import for the 
original import into the United States, or by submitting a copy of the 
preapproval issued for the original import;
    (4) One of the following:
    (i) The Container Number for the shipment if shipment is to be re-
exported by vessel;
    (ii) The Flight Number and Airway Bill/Bill of Lading if shipment is 
to be re-exported by air;
    (iii) The Truck Registration Number and Nationality if shipment is 
to be re-exported by ground transportation; or
    (iv) The Railway Transport Number if shipment is to be re-exported 
by rail.
    (5) The dealer/exporter's name, address, and AMLR permit number; and
    (6) The dealer's signature.
    (B) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated Dissostichus re-export 
document.
    (ii) For frozen Dissostichus species, re-export documents will be 
generated upon verification of the use of real-time C-VMS port-to-port 
except for Dissostichus species harvested during fishing trips that 
began prior to September 24, 2007.
    (iii) Dealers must include the original validated Dissostichus re-
export document with the re-export shipment.
    (iv) Any dealer who re-exports Dissostichus species must retain a 
copy of the re-export document at his/her place of business for a period 
of 2 years from the date on the DCD.
    (7) Export. (i) In order to export U.S.-harvested Dissostichus 
species, any dealer must:
    (A) Submit to NMFS a completed paper-based NMFS application for a 
Dissostichus export document that includes the following information:
    (1) The species, product type, and amount from the original DCD(s) 
that

[[Page 1070]]

is requested for export in the particular export shipment;
    (2) The number of the original DCD(s);
    (3) One of the following:
    (i) The Container Number for the shipment if shipment is to be 
exported by vessel;
    (ii) The Flight Number and Airway Bill/Bill of Lading if shipment is 
to be exported by air;
    (iii) The Truck Registration Number and Nationality if shipment is 
to be exported by ground transportation; or
    (iv) The Railway Transport Number if shipment is to be exported by 
rail.
    (4) The dealer/exporter's name, address, and AMLR permit number;
    (5) For frozen Dissostichus species, verification of the use of 
real-time C-VMS port-to-port except for Dissostichus species harvested 
during fishing trips that began prior to September 24, 2007; and
    (6) The dealer's signature.
    (B) Obtain validation by a responsible official(s) designated by 
NMFS and receive an electronically-generated Dissostichus export 
document.
    (ii) Dealers must include the original validated Dissostichus export 
document with the export shipment.
    (iii) Any dealer who exports Dissostichus species must retain a copy 
of the export document at his/her place of business for a period of 2 
years from the date on the DCD.

[65 FR 30016, May 10, 2000, as amended at 68 FR 23228, May 1, 2003; 72 
FR 48509, Aug. 23, 2007; 75 FR 18112, Apr. 9, 2010]



Sec. 300.108  Vessel and gear identification.

    (a) Vessel identification. (1) The operator of each harvesting 
vessel assigned an IRCS must display that call sign amidships on both 
the port and starboard sides of the deckhouse or hull, so that it is 
visible from an enforcement or inspection vessel, and on an appropriate 
weather deck so that it is visible from the air.
    (2) The operator of each harvesting vessel not assigned an IRCS, 
such as a small trawler associated with a mothership or one of a pair of 
trawlers, must display the IRCS of the associated vessel, followed by a 
numerical suffix specific for the non-assigned vessel.
    (3) The vessel identification must be in a color in contrast to the 
background and must be permanently affixed to the harvesting vessel in 
block roman alphabet letters and arabic numerals at least 1 m in height 
for harvesting vessels over 20 m in length, and at least 0.5 m in height 
for all other harvesting vessels.
    (b) Navigational lights and shapes. Each harvesting vessel must 
display the lights and shapes prescribed by the International 
Regulations for Preventing Collisions at Sea, 1972 (TIAS 8587, and 1981 
amendment TIAS 10672), for the activity in which the harvesting vessel 
is engaged (as described at 33 CFR part 81).
    (c) Gear identification. (1) The operator of each harvesting vessel 
must ensure that all deployed fishing gear that is not physically and 
continuously attached to a harvesting vessel is clearly marked at the 
surface with a buoy displaying the vessel identification of the 
harvesting vessel (see paragraph (a) of this section) to which the gear 
belongs, a light visible for 2 miles at night in good visibility, and a 
radio buoy. Trawl codends passed from one vessel to another are 
considered continuously attached gear and do not have to be marked.
    (2) The operator of each harvesting vessel must ensure that deployed 
longlines, strings of traps or pots, and gillnets are marked at the 
surface at each terminal end with a buoy displaying the vessel 
identification of the harvesting vessel to which the gear belongs (see 
paragraph (a) of this section), a light visible for 2 miles at night in 
good visibility, and a radio buoy.
    (3) Unmarked or incorrectly identified fishing gear may be 
considered abandoned and may be disposed of in accordance with 
applicable Federal regulations by any authorized officer or CCAMLR 
inspector.
    (d) Maintenance. The operator of each harvesting vessel must:
    (1) Keep the vessel and gear identification clearly legible and in 
good repair.
    (2) Ensure that nothing on the harvesting vessel obstructs the view 
of the

[[Page 1071]]

markings from an enforcement or inspection vessel or aircraft.
    (3) Ensure that the proper navigational lights and shapes are 
displayed for the harvesting vessel's activity and are properly 
functioning.



Sec. 300.109  Gear disposal.

    (a) The operator of a harvesting vessel may not dump overboard, 
jettison or otherwise discard any article or substance that may 
interfere with other fishing vessels or gear, or that may catch fish or 
cause damage to any marine resource, including marine mammals and birds, 
except in cases of emergency involving the safety of the ship or crew, 
or as specifically authorized by communication from the appropriate USCG 
commander or authorized officer. These articles and substances include, 
but are not limited to, fishing gear, net scraps, bale straps, plastic 
bags, oil drums, petroleum containers, oil, toxic chemicals or any 
manmade items retrieved in a harvesting vessel's gear.
    (b) The operator of a harvesting vessel may not abandon fishing gear 
in Convention waters.
    (c) The operator of a harvesting vessel must provide a copy of the 
CCAMLR information brochure ``Marine Debris--A Potential Threat to 
Antarctic Marine Mammals'' to each member of the crew of the harvesting 
vessel and must display copies of the CCAMLR placard ``Avoidance of 
Incidental Mortality of Antarctic Marine Mammals'' in the wheelhouse and 
crew quarters of the harvesting vessels. Copies of the brochure and 
placard will be provided to each holder of a harvesting permit by NMFS 
when issuing the permit.



Sec. 300.110  Mesh size.

    (a) The use of pelagic and bottom trawls having the mesh size in any 
part of a trawl less than indicated is prohibited for any directed 
fishing for the following Antarctic finfishes:
    (1) Notothenia rossii and Dissostichus eleginoides--120 mm.
    (2) Champsocephalus gunnari--90 mm.
    (3) Gobionotothen gibberifrons, Notothenia kempi and Lepidorhirus 
squamifrons--80 mm.
    (b) Any means or device that would reduce the size or obstruct the 
opening of the meshes is prohibited.
    (c) The following procedure will be used for determining compliance 
with mesh size requirements.
    (1) Description of gauges. (i) Gauges for determining mesh sizes 
will be 2 mm thick, flat, of durable material and capable of retaining 
their shape. They may have either a series of parallel-edged sides 
connected by intermediate tapering edges with a taper of one to eight on 
each side, or only tapering edges with the taper defined above. They 
will have a hole at the narrowest extremity.
    (ii) Each gauge will be inscribed on its face with the width in 
millimeters both on the parallel-sided section, if any, and on the 
tapering section. In the case of the latter, the width will be inscribed 
every 1 mm interval, but the indication of the width may appear at 
regular intervals other than 1 mm.
    (2) Use of the gauge. (i) The net will be stretched in the direction 
of the long diagonal of the meshes.
    (ii) A gauge as described in paragraph (c)(1) of this section will 
be inserted by its narrowest extremity into the mesh opening in a 
direction perpendicular to the plane of the net.
    (iii) The gauge may be inserted into the mesh opening either with a 
manual force or using a weight or dynamometer, until it is stopped at 
the tapering edges by the resistance of the mesh.
    (3) Selection of meshes to be measured. (i) Meshes to be measured 
will form a series of 20 consecutive meshes chosen in the direction of 
the long axis of the net, except that the meshes to be measured need not 
be consecutive if the application of paragraph (c)(3)(ii) of this 
section prevents it.
    (ii) Meshes less than 50 cm from lacings, ropes, or codline will not 
be measured. This distance will be measured perpendicular to the 
lacings, ropes or codline with the net stretched in the direction of 
that measurement. No mesh will be measured which has been mended or 
broken or has attachments to the net fixed at that mesh.
    (iii) Nets will be measured only when wet and unfrozen.
    (4) The measurement of each mesh will be the width of the gauge at 
the

[[Page 1072]]

point where the gauge is stopped, when using this gauge in accordance 
with paragraph (c)(2) of this section.
    (5) Determination of the mesh size of the net will be the 
arithmetical mean in millimeters of the measurements of the total number 
of meshes selected and measured as provided for in paragraphs (c) (3) 
and (4) of this section, the arithmetical mean being rounded up to the 
next millimeter.
    (6) Inspection procedure. (i) One series of 20 meshes, selected in 
accordance with paragraph (c)(3) of this section, will be measured by 
inserting the gauge manually without using a weight or dynamometer. The 
mesh size of the net will then be determined in accordance with 
paragraph (c)(5) of this section. If the calculation of the mesh size 
shows that the mesh size does not appear to comply with the rules in 
force, then two additional series of 20 meshes selected in accordance 
with paragraph (c)(3) of this section will be measured. The mesh size 
will then be recalculated in accordance with paragraph (c)(5) of this 
section, taking into account the 60 meshes already measured; this 
recalculation will be the mesh size of the net.
    (ii) If the captain of the vessel contests the mesh size determined 
in accordance with paragraph (c)(6)(i) of this section, such measurement 
will not be considered for the determination of the mesh size and the 
net will be remeasured.
    (A) A weight or dynamometer attached to the gauge will be used for 
remeasurement. The choice of weight or dynamometer is at the discretion 
of the inspectors. The weight will be fixed to the hole in the narrowest 
extremity of the gauge using a hook. The dynamometer may either be fixed 
to the hole in the narrowest extremity of the gauge or be applied at the 
largest extremity of the gauge.
    (B) The accuracy of the weight or dynamometer must be certified by 
the appropriate national authority.
    (C) For nets of a mesh size of 35 mm or less as determined in 
accordance with paragraph (c)(6)(i) of this section, a force of 19.61 
newtons (equivalent to a mass of 2 kg) will be applied, and for other 
nets, a force of 49.03 newtons (equivalent to a mass of 5 kg).
    (D) For the purposes of determining the mesh size in accordance with 
paragraph (c)(5) of this section, when using a weight or dynamometer, 
one series of 20 meshes only will be measured.



Sec. 300.112  Harvesting permits.

    (a) General. (1) Every vessel subject to the jurisdiction of the 
United States that attempts to reduce or reduces any AMLR to possession 
must have a harvesting permit authorizing the attempt or reduction, 
unless the attempt or reduction occurs during recreational fishing or is 
covered by an individual permit. Boats launched from a vessel issued a 
harvesting permit do not require a separate permit, but are covered by 
the permit issued the launching vessel. Any enforcement action that 
results from the activities of a launched boat will be taken against the 
launching vessel.
    (2) Permits issued under this section do not authorize vessels or 
persons subject to the jurisdiction of the United States to harass, 
capture, harm, kill, harvest, or import marine mammals. No marine 
mammals may be taken in the course of commercial fishing operations 
unless the taking is allowed under the Marine Mammal Protection Act and/
or the Endangered Species Act pursuant to an exemption or permit granted 
by the appropriate agency.
    (b) Responsibility of owners and operators. (1) The owners and 
operators of each harvesting vessel are jointly and severally 
responsible for compliance with the Act, this subpart, and any permit 
issued under the Act and this subpart.
    (2) The owners and operators of each such vessel are responsible for 
the acts of their employees and agents constituting violations, 
regardless of whether the specific acts were authorized or forbidden by 
the owners or operators, and regardless of knowledge concerning their 
occurrence.
    (3) The owner of such vessel must report any sale, change in 
ownership, or other disposition of the vessel to the Assistant 
Administrator within 15 days of the occurrence.
    (4) The owners and operators of each krill harvesting vessel using 
trawl gear in Convention Area fisheries must install a seal excluder 
device.

[[Page 1073]]

    (c) Application. Application forms for harvesting permits are 
available at www.nmfs.noaa.gov.gpea--forms.htm.
    (1) A separate fully completed and accurate application must be 
completed and received by NMFS for each vessel for which a harvesting 
permit is requested.
    (2) Applications for permits to harvest species other than krill 
must be received by NMFS at least 90 days before the date anticipated 
for the beginning of harvesting.
    (3) Applications for a permit to harvest krill must be received by 
NMFS no later than June 1 immediately prior to the season in which the 
harvesting would occur. The applications must, to the extent possible, 
identify the products to be derived from the anticipated krill catch.
    (d) Issuance. The Assistant Administrator may issue a harvesting 
permit to a vessel if the Assistant Administrator determines that the 
harvesting described in the application will meet the requirements of 
the Act and will not:
    (1) Decrease the size of any harvested population to levels below 
those that ensure its stable recruitment. For this purpose, the 
Convention recommends that its size not be allowed to fall below a level 
close to that which ensures the greatest net annual increment.
    (2) Upset the ecological relationships between harvested, dependent, 
and related populations of AMLRs and the restoration of depleted 
populations to levels that will ensure stable recruitment.
    (3) Cause changes or increase the risk of changes in the marine 
ecosystem that are not potentially reversible over 2 or 3 decades, 
taking into account the state of available knowledge of the direct and 
indirect impact of harvesting, the effect of the introduction of alien 
species, the effects of associated activities on the marine ecosystem 
and of the effects of environmental changes, with the aim of making 
possible the sustained conservation of AMLRs.
    (4) Violate the management measures issued pursuant to Sec. 300.111 
of this subpart.
    (5) Violate any other conservation measures in force with respect to 
the United States under the Convention or the Act.
    (e) Duration. A harvesting permit is valid from its date of issuance 
to its date of expiration unless it is revoked or suspended.
    (f) Transfer. Permits are not transferable or assignable. A permit 
is valid only for the vessel to which it is issued.
    (g) Display. Each harvesting vessel when engaged in harvesting must 
either have on board an up-to-date copy of its harvesting permit or a 
fully completed and up-to-date harvesting vessel certificate and the 
vessel operator must produce it for inspection upon the request of an 
authorized officer or CCAMLR inspector. In order for the certificate to 
be considered complete, the vessel owner or operator must enter on it 
the name and IRCS of the vessel issued the harvesting permit, the number 
of the harvesting permit and its date of issuance and expiration, the 
harvesting authorized by the permit, and all conditions and restrictions 
contained in the permit. Blank certificates are available from the 
Assistant Administrator.
    (h) Changes in information submitted by permit applicants or 
holders--(1) Changes in pending applications. Applicants for a 
harvesting permit must report to the Assistant Administrator in writing 
any change in the information contained in the application. The 
processing period for the application will be extended as necessary to 
review the change.
    (2) Changes occurring after permit issuance--(i) Changes other than 
in the manner and amount of harvesting. The owner or operator of a 
vessel that has been issued a harvesting permit must report to the 
Assistant Administrator in writing any change in previously submitted 
information other than a proposed change in the location, manner, or 
amount of harvesting within 15 days of the change. Based on such 
reported information, the Assistant Administrator may revise the permit 
effective upon notification to the permit holder. As soon as possible, 
the vessel owner or operator must revise any harvesting vessel 
certificate evidencing the permit, accordingly.
    (ii) Requested changes in the location, manner, or amount of 
harvesting. Any

[[Page 1074]]

changes in the manner or amount of harvesting must be proposed in 
writing to the Assistant Administrator and may not be undertaken unless 
authorized by the Assistant Administrator through a permit revision or 
issuance of a new permit. If a requested change in the location, manner, 
or amount of harvesting could significantly affect the status of any 
Antarctic marine living resource, the Assistant Administrator will treat 
the requested change as an application for a new permit and so notify 
the holder.
    (i) Additional conditions and restrictions. The Assistant 
Administrator may revise the harvesting permit, effective upon 
notification to the permit holder, to impose additional conditions and 
restrictions on the harvesting vessel as necessary to achieve the 
purposes of the Convention or the Act. The permit holder must, as soon 
as possible, direct the vessel operator to revise the harvesting vessel 
certificate, if any, accordingly.
    (j) Revision, suspension, or revocation for violations. A harvesting 
permit may be revised, suspended, or revoked if the harvesting vessel is 
involved in the commission of any violation of its permit, the Act, or 
this subpart. Failure to report a change in the information contained in 
an application within 15 days of the change is a violation of this 
subpart and voids the application or permit, as applicable. If a change 
in vessel ownership is not reported, the violation is chargeable to the 
previous owner. Title 15 CFR part 904 governs permit sanctions under 
this subpart.
    (k) Transshipment vessels. Any U.S. flagged vessel that receives or 
attempts to receive Dissostichus species from a harvesting vessel at 
sea, regardless of whether such transshipment occurs in waters under the 
jurisdiction of CCAMLR, must obtain from NMFS a harvesting permit 
authorizing transshipment. Transshipment vessels must comply with the 
permitting provisions of this section with respect to harvesting 
vessels.

[61 FR 35550, July 5, 1996, as amended at 65 FR 30017, May 10, 2000; 72 
FR 48509, Aug. 23, 2007; 75 FR 18112, Apr. 9, 2010]



Sec. 300.113  Scientific observers.

    This section applies to national and international observers as 
defined in Sec. 300.101.
    (a) This section applies to a national observer aboard U.S. vessels 
harvesting in the Convention Area, national observers placed on foreign 
flagged vessels and international observers placed on U.S. vessels 
harvesting in the Convention Area.
    (b) All U.S. vessels fishing in the Convention Area must carry one 
or more scientific observers as required by CCAMLR conservation and 
management measures or as specified in a NMFS-issued AMLR Harvesting 
Permit.
    (c) All U.S. vessels conducting longline sink rate testing outside 
the Convention area and pursuant to CCAMLR protocols must carry one or 
more scientific observers as specified in a NMFS-issued AMLR Harvesting 
Permit.
    (d) Procurement of observers by vessel. Owners of vessels required 
to carry scientific observers under this section must arrange for 
observer services in coordination with the NMFS Southwest Fisheries 
Science Center Antarctic Ecosystem Research Division. The vessel owner 
is required to pay for observer services through an observer service 
provider who has provided observer services to the Federal government 
within the past year. In situations where no qualified observer is 
available through a qualified observer provider, the Secretary may 
authorize a vessel owner to arrange for an observer by alternative 
methods. An observer may not be paid directly by the vessel owner.
    (e) Insurance. The observer service provider or vessel owner must 
provide insurance for observers that provides compensation in the event 
of an injury or death during the entire deployment, from the point of 
hire location to return, equivalent to the standards of the North 
Pacific Groundfish Observer Program set forth in Sec. 679.80 of this 
title.
    (f) Educational requirements. National observer candidates must:
    (1) Have a Bachelor's degree or higher from an accredited college or 
university with a major in one of the natural sciences; or

[[Page 1075]]

    (2) Have successfully completed a minimum of 30 semester hours or 
equivalent in applicable biological sciences with extensive use of 
dichotomous keys in at least one course.
    (g) Health requirements. National observers must have a signed and 
dated statement from a licensed physician that he or she has physically 
examined the observer. The statement must confirm that, based upon the 
physical examination, the observer does not have any health problems or 
conditions that would jeopardize that individual's safety or the safety 
of others while deployed, or prevent the observer from performing his or 
her duties satisfactorily. The statement must declare that prior to the 
examination; the physician was made aware of the duties of an observer 
and the dangerous, remote and rigorous nature of the work. The 
physician's statement must be submitted to the NMFS Southwest Fisheries 
Science Center Antarctic Ecosystem Research Division program office 
prior to approval of an observer. The physical exam must have occurred 
during the 12 months prior to the observer's deployment. The physician's 
statement will expire 12 months after the physical exam occurred. A new 
physical exam must be performed, and accompanying statement submitted, 
prior to any deployment occurring after the expiration of the statement.
    (h) Vessel responsibilities. An operator of a vessel required to 
carry one or more scientific observers must:
    (1) Accommodations and food. Provide, at no cost to the observers or 
the United States, accommodations and food on the vessel for the 
observer or observers that are equivalent to those provided for officers 
of the vessel; and
    (2) Safe conditions. (i) Maintain safe conditions on the vessel for 
the protection of observers including adherence to all U.S. Coast Guard 
and other applicable rules, regulations, or statutes pertaining to safe 
operation of the vessel.
    (ii) Have on board:
    (A) A valid Commercial Fishing Vessel Safety Decal issued within the 
past 2 years that certifies compliance with regulations found in 33 CFR 
chapter I and 46 CFR chapter I. NMFS will grant a waiver from the 
Voluntary Safety decal provision if the vessel is in compliance with the 
standards of the observer vessel safety check list developed by the 
Northeast Fisheries Science Center http://www.nefsc.noaa.gov/femad/fsb/ 
or equivalent certification issued by the Flagging State;
    (B) A certificate of compliance issued pursuant to 46 CFR 28.710; or
    (C) A valid certificate of inspection pursuant to 46 U.S.C. 3311.
    (3) Health and safety regulations. Comply with the Observer health 
and safety regulations at part 600 of this title. NMFS will grant a 
waiver from the Voluntary Safety decal provision if the vessel is in 
compliance with the standards of the observer vessel safety check list.
    (4) Transmission of data. Facilitate transmission of observer data 
by allowing observers, on request, to use the vessel's communications 
equipment and personnel for the confidential entry, transmission, and 
receipt of work-related messages.
    (5) Vessel position. Allow observers access to, and the use of, the 
vessel's navigation equipment and personnel, on request, to determine 
the vessel's position, course and speed.
    (6) Access. Allow observers free and unobstructed access to the 
vessel's bridge, trawl or working decks, holding bins, processing areas, 
freezer spaces, weight scales, cargo holds, and any other space that may 
be used to hold, process, weigh, or store fish or fish products at any 
time.
    (7) Prior notification. Notify observers at least 15 minutes before 
fish are brought on board, or fish and fish products are transferred 
from the vessel, to allow sampling the catch or observing the transfer, 
unless the observers specifically request not to be notified.
    (8) Records. Allow observers to inspect and copy the vessel's CCAMLR 
DCD, product transfer forms, any other logbook or document required by 
regulations, printouts or tallies of scale weights, scale calibration 
records, bin sensor readouts, and production records.
    (9) Assistance. Provide all other reasonable assistance to enable 
observers to carry out their duties, including, but not limited to:

[[Page 1076]]

    (i) Measuring decks, codends, and holding bins;
    (ii) Providing the observers with a safe work area adjacent to the 
sample collection site;
    (iii) Collecting bycatch when requested by the observers;
    (iv) Collecting and carrying baskets of fish when requested by 
observers; and
    (v) Allowing observers to determine the sex of fish when this 
procedure will not decrease the value of a significant portion of the 
catch.
    (10) Transfer at sea. (i) Ensure that transfers of observers at sea 
via small boat or raft are carried out during daylight hours, under safe 
conditions, and with the agreement of observers involved.
    (ii) Notify observers at least 3 hours before observers are 
transferred, such that the observers can collect personal belongings, 
equipment, and scientific samples.
    (iii) Provide a safe pilot ladder and conduct the transfer to ensure 
the safety of observers during transfers.
    (iv) Provide an experienced crew member to assist observers in the 
small boat or raft in which any transfer is made.
    (i) Standards of observer conduct--(1) Observers: (i) Must not have 
a direct financial interest in the fishery being observed, including but 
not limited to:
    (A) Any ownership, mortgage holder, or other secured interest in a 
vessel, shoreside or floating stationary processor facility involved in 
the catching, taking, harvesting or processing of fish;
    (B) Any business involved with selling supplies or services to any 
vessel, shoreside or floating stationary processing facility; or
    (C) Any business involved with purchasing raw or processed products 
from any vessel, shoreside or floating stationary processing facilities.
    (ii) Must not solicit or accept, directly or indirectly, any 
gratuity, gift, favor, entertainment, loan, or anything of monetary 
value from anyone who either conducts activities that are regulated by 
NMFS or has interests that may be substantially affected by the 
performance or nonperformance of the observers' official duties.
    (iii) May not serve as observers on any vessel or at any shoreside 
or floating stationary processing facility owned or operated by a person 
who previously employed the observers.
    (iv) May not solicit or accept employment as a crew member or an 
employee of a vessel, shoreside processor, or stationary floating 
processor while employed by an observer provider.
    (2) Provisions for remuneration of observers under this section do 
not constitute a conflict of interest.
    (j) Standards of observer behavior. Observers must avoid any 
behavior that could adversely affect the confidence of the public in the 
integrity of the Observer Program or of the government, including but 
not limited to the following:
    (1) Observers must perform their assigned duties as described in the 
CCAMLR Scientific Observers Manual and must complete the CCAMLR 
Scientific Observer Logbooks and submit them to the CCAMLR Data Manager 
at the intervals specified by the Data Manager.
    (2) Observers must accurately record their sampling data, write 
complete reports, and report accurately any observations of suspected 
violations of regulations relevant to conservation of marine resources 
or their environment.
    (3) Observers must not disclose collected data and observations made 
on board the vessel or in the processing facility to any person except 
the owner or operator of the observed vessel or processing facility, or 
NMFS.
    (4) Observers must refrain from engaging in any illegal actions or 
any other activities that would reflect negatively on their image as 
professional scientists, on other observers, or on the Observer Program 
as a whole. This includes, but is not limited to:
    (i) Engaging in the use, possession, or distribution of illegal 
drugs; or
    (ii) Engaging in physical sexual contact with personnel of the 
vessel or processing facility to which the observer is assigned, or with 
any vessel or processing plant personnel who may be substantially 
affected by the performance or non-performance of the observer's 
official duties.
    (k) Sampling station. (1) Minimum work space aboard at sea 
processing

[[Page 1077]]

vessels. The observer must have a working area of 4.5 square meters, 
including the observer's sampling table, for sampling and storage of 
fish to be sampled. The observer must be able to stand upright and have 
a work area at least 0.9 m deep in the area in front of the table and 
scale.
    (2) Table aboard at-sea processing vessels. The observer sampling 
station must include a table at least 0.6 m deep, 1.2 m wide and 0.9 m 
high and no more than 1.1 m high. The entire surface area of the table 
must be available for use by the observer. Any area for the observer 
sampling scale is in addition to the minimum space requirements for the 
table. The observer's sampling table must be secured to the floor or 
wall.
    (3) Other requirement for at-sea processing vessels. The sampling 
station must be in a well-drained area that includes floor grating (or 
other material that prevents slipping), lighting adequate for day or 
night sampling, and a hose that supplies fresh or sea water to the 
observer.

[72 FR 48510, Aug. 23, 2007]



Sec. 300.114  Dealer permits and preapproval.

    (a) General. (1) A dealer intending to import or re-export AMLR must 
obtain an AMLR dealer permit valid for one year. Preapproval from NMFS 
is required for each shipment of frozen Dissostichus species. The permit 
holder may only conduct those specific activities stipulated by the 
permit.
    (2) An AMLR may be imported into the United States if its harvest 
has been authorized by a U.S.-issued individual permit issued under 
Sec. 300.112(a)(1) or its importation has been authorized by a NMFS-
issued dealer permit and preapproval issued under Sec. 300.114(a)(1). 
AMLRs may not be released for entry into the United States unless 
accompanied by the harvesting permit or the individual permit or dealer 
permit and, in the case of frozen Dissostichus species, the preapproval 
certification granted by NMFS to allow import. NMFS will only accept 
electronic catch documents for toothfish imports.
    (3) In no event may a marine mammal be imported into the United 
States unless authorized and accompanied by an import permit issued 
under the Marine Mammal Protection Act and/or the Endangered Species 
Act.
    (4) A dealer permit or preapproval issued under this section does 
not authorize the harvest or transshipment of any AMLR by or to a vessel 
of the United States.
    (b) Application. Application forms for AMLR dealer permits and 
preapproval are available from NMFS. With the exception of the U.S. 
Customs 7501 entry number, a complete and accurate application must be 
received by NMFS for each preapproval at least 15 working days before 
the anticipated date of the first receipt, importation, or re-export. 
Dealers must supply the U.S. Customs 7501 entry number at least three 
working days prior to a Dissostichus species shipment's arrival.
    (c) Fees. A fee to recover the administrative expenses associated 
with processing preapproval applications will be charged. The amount of 
the fee will be determined in accordance with procedures specified in 
the NOAA Finance Handbook for calculating administrative costs of 
special products and services. The fee is specified with the preapproval 
application form. The appropriate fee must accompany each application 
and be paid by check, draft, or money order.
    (d) Issuance. NMFS may issue a dealer permit or preapproval if it 
determines that the activity proposed by the dealer meets the 
requirements of the Act and that the resources were not or will not be 
harvested in violation of any CCAMLR conservation measure or in 
violation of any regulation in this subpart. No preapproval will be 
issued for Dissostichus species without verifiable documentation, to 
include VMS reports with vessel location and messages, of the use of 
real-time C-VMS port-to-port by the vessel that harvested such 
Dissostichus species, except for Dissostichus species harvested during 
fishing trips that began prior to September 24, 2007.
    (e) Duration. A permit issued under this section is valid from its 
date of issuance to its date of expiration unless it is revoked or 
suspended. A preapproval is valid until the product

[[Page 1078]]

is imported (and re-exported, if applicable).
    (f) Transfer. A permit issued under this section is not transferable 
or assignable.
    (g) Changes in information--(1) Pending applications. Applicants for 
permits and preapproval under this section must report in writing to 
NMFS any change in the information submitted in their permit and 
preapproval applications. The processing period for the application may 
be extended as necessary to review and consider the change.
    (2) Issued permits and preapprovals. Any entity issued a permit or 
preapproval under this section must report in writing to NMFS any 
changes in previously submitted information. Any changes that would 
result in a change in the receipt or importation authorized by the 
preapproval, such as harvesting vessel or country of origin, type and 
quantity of the resource to be received or imported, and Convention 
statistical subarea from which the resource was harvested, must be 
proposed in writing to NMFS and may not be undertaken unless authorized 
by NMFS through issuance of a revised or new preapproval.
    (h) Revision, suspension, or revocation. A permit or preapproval 
issued under this section may be revised, suspended, or revoked, based 
upon a violation of the permit, the Act, or this subpart. Failure to 
report a change in the information contained in a permit or preapproval 
application voids the application, permit, or preapproval as applicable. 
Title 15 CFR part 904 governs permit sanctions under this subpart.
    (i) Exception. Preapproval is not required for shipments of fresh 
Dissostichus species. A report of a shipment of fresh Dissostichus 
species must be completed and submitted to NMFS within 24 hours 
following import.
    (j) SVDCD. Dealer permits will not be issued for Dissostichus spp. 
offered for sale or other disposition under a Specially Validated DCD.
    (k) Registered agent. Foreign entities shall, as a condition of 
possessing a dealer permit, designate and maintain a registered agent 
within the United States that is authorized to accept service of process 
on behalf of that entity. Foreign based importers of record may identify 
to NMFS the registered agent identified for Customs Service purposes.

[68 FR 23228, May 1, 2003. Redesignated and amended at 72 FR 48510, 
48511, Aug. 23, 2007; 75 FR 18112, Apr. 9, 2010]



Sec. 300.115  Appointment of a designated representative.

    (a) All holders of permits authorizing fishing in subarea 48.3 must 
appoint a designated representative in the United States.
    (b) The designated representative will be notified of closures under 
Sec. 300.111 and must transmit this information to the vessel on the 
grounds.
    (c) The designated representative may receive catch reports from the 
vessel and transmit the reports to NMFS in writing.

[61 FR 35550, July 5, 1996. Redesignated at 72 FR 48510, Aug. 23, 2007]



Sec. 300.116  Requirements for a vessel monitoring system for U.S. vessels.

    (a) Requirement for use. Within 30 days after NMFS publishes in the 
Federal Register a list of approved transmitting units and associated 
communications service providers for the AMLR fishery, an owner or 
operator of a vessel that has been issued a harvesting permit for AMLR 
must ensure that such vessel has a NMFS-approved, operating VMS on board 
when on any fishing trip involving the harvesting of AMLR. An operating 
VMS includes an operating mobile transmitting unit on the vessel and a 
functioning communication link between the unit and NMFS as provided by 
a NMFS-approved communication service provider.
    (b) Installing and activating the VMS. Only a VMS that has been 
approved by NMFS for use in the AMLR fishery may be used. When 
installing and activating the NMFS-approved VMS, or when reinstalling 
and reactivating such VMS, the vessel owner or operator must--
    (1) Follow procedures indicated on an installation and activation 
checklist, which is available from OLE; and
    (2) Submit to OLE a statement certifying compliance with the 
checklist, as prescribed on the checklist.

[[Page 1079]]

    (c) Interference with the VMS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the VMS, or 
attempt any of the same.
    (d) Interruption of operation of the VMS. When a vessel's VMS is not 
operating properly, the owner or operator must immediately contact OLE, 
and follow instructions from that office. If notified by NMFS that a 
vessel's VMS is not operating properly, the owner and operator must 
follow instructions from that office. In either event, such instructions 
may include, but are not limited to, manually communicating to a 
location designated by NMFS the vessel's positions or returning to port 
until the VMS is operable.
    (e) Access to position data. As a condition of authorized fishing 
for or possession of AMLR, a vessel owner or operator subject to the 
requirements for a VMS in this section must allow NMFS, the USCG, and 
their authorized officers and designees access to the vessel's position 
data obtained from the VMS.
    (f) Installation and operation of the VMS. NMFS has authority over 
the installation and operation of the VMS unit. NMFS may authorize the 
connection or order the disconnection of additional equipment, including 
a computer, to any VMS unit when deemed appropriate by NMFS.

[72 FR 48511, Aug. 23, 2007, as amended at 75 FR 18113, Apr. 9, 2010]



Sec. 300.117  Prohibitions.

    In addition to the prohibitions in Sec. 300.4, it is unlawful for 
any person to:
    (a) Reduce to possession or attempt to reduce to possession any 
AMLRs without a permit for such activity as required by Sec. 300.112.
    (b) Import into or export from the United States any AMLRs taken by 
vessels without a permit to harvest those resources as required by Sec. 
300.112 (a)(1), or without applicable catch documentation as required by 
Sec. 300.107 (c)(1), or without a dealer permit as required by Sec. 
300.113 (a)(1), or in violation of the terms and conditions for such 
import or export as specified on the permit.
    (c) Engage in harvesting or other associated activities in violation 
of the provisions of the Convention or in violation of a conservation 
measure in force with respect to the United States under Article IX of 
the Convention.
    (d) Ship, transport, offer for sale, sell, purchase, import, export 
or have custody, control or possession of, any AMLR that he or she 
knows, or reasonably should have known, was harvested in violation of a 
conservation measure in force with respect to the United States under 
article IX of the Convention or in violation of any regulation 
promulgated under this subpart, without regard to the citizenship of the 
person that harvested, or vessel that was used in the harvesting of, the 
AMLR.
    (e) Refuse to allow any CCAMLR inspector to board a vessel of the 
United States or a vessel subject to the jurisdiction of the United 
States for the purpose of conducting an inspection authorized by the 
Act, this subpart, or any permit issued under the Act.
    (f) Refuse to provide appropriate assistance, including access as 
necessary to communications equipment, to CCAMLR inspectors.
    (g) Refuse to sign a written notification of alleged violations of 
Commission measures in effect prepared by a CCAMLR inspector.
    (h) Assault, resist, oppose, impede, intimidate, or interfere with a 
CCAMLR inspector in the conduct of any boarding or inspection authorized 
by the Act, this subpart, or any permit issued under the Act.
    (i) Use any vessel to engage in harvesting after the revocation, or 
during the period of suspension, of an applicable permit issued under 
the Act.
    (j) Fail to identify, falsely identify, fail to properly maintain, 
or obscure the identification of a harvesting vessel or its gear as 
required by this subpart.
    (k) Fish in a closed area.
    (l) Trawl with a mesh size in any part of the trawl net smaller than 
that allowed for any directed fishing for Antarctic finfishes as 
specified in management measures issued pursuant to Sec. 300.111.
    (m) Use any means or device that would reduce the size or obstruct 
the opening of the trawl meshes specified in management measures issued 
pursuant to Sec. 300.111.

[[Page 1080]]

    (n) Possess fish in violation of the catch limit specified in 
management measures issued pursuant to Sec. 300.111.
    (o) Discard netting or other substances in the Convention Area in 
violation of Sec. 300.109.
    (p) Violate or attempt to violate any provision of this subpart, the 
Act, any other regulation promulgated under the Act or any permit issued 
under the Act.
    (q) Provide incomplete or inaccurate information about the harvest, 
transshipment, landing, import or re-export of applicable species on any 
document required under this subpart.
    (r) Receive AMLRs from a vessel without a dealer or harvesting 
permit issued under this subpart.
    (s) Import Dissostichus spp. with a Specially Validated DCD.
    (t) Import shipments of frozen Dissostichus spp. without a 
preapproval issued under Sec. 300.114.
    (u) Assault, resist, oppose, impede, intimidate, harass, bribe, or 
interfere with an observer.
    (v) Interfere with or bias the sampling procedure employed by an 
observer, including physical, mechanical, or other sorting or discarding 
of catch before sampling.
    (w) Tamper with, destroy, or discard an observer's collected 
samples, equipment, records, photographic film, papers, or personal 
effects without the express consent of the observer.
    (x) Prohibit or bar by command, impediment, threat, coercion, or by 
refusal of reasonable assistance, an observer from collecting samples, 
conducting product recovery rate determinations, making observations, or 
otherwise performing the observer's duties.
    (y) Harass an observer by conduct that has sexual connotations, has 
the purpose or effect of interfering with the observer's work 
performance, or otherwise creates an intimidating, hostile, or offensive 
environment. In determining whether conduct constitutes harassment, the 
totality of the circumstances, including the nature of the conduct and 
the context in which it occurred, will be considered. The determination 
of the legality of a particular action will be made from the facts on a 
case-by-case basis.
    (z) Fish for or process fish without observer coverage required 
under Sec. 300.113.
    (aa) Require, pressure, coerce, or threaten an observer to perform 
duties normally performed by crew members, including, but not limited 
to, cooking, washing dishes, standing watch, vessel maintenance, 
assisting with the setting or retrieval of gear, or any duties 
associated with the processing of fish, from sorting the catch to the 
storage of the finished product.
    (bb) Vessel monitoring systems. (1) Use any vessel registered to an 
AMLR harvesting permit to conduct fishing operations unless that vessel 
carries an OLE type-approved mobile transceiver unit and complies with 
the requirements described in this subpart.
    (2) Fail to install, activate, repair or replace a mobile 
transceiver unit prior to leaving port as specified in this subpart.
    (3) Fail to operate and maintain a mobile transceiver unit on board 
the vessel at all times as specified in this subpart.
    (4) Tamper with, damage, destroy, alter, or in any way distort, 
render useless, inoperative, ineffective, or inaccurate the VMS, mobile 
transceiver unit, or VMS signal required to be installed on or 
transmitted by a vessel as specified in this subpart.
    (5) Fail to contact OLE or follow OLE instructions when automatic 
position reporting has been interrupted as specified in this subpart.
    (6) Register a VMS transceiver unit registered to more than one 
vessel at the same time.
    (7) Connect or leave connected additional equipment to a VMS unit 
without the prior approval of the OLE.
    (8) Make a false statement, oral or written, to an authorized 
officer regarding the installation, use, operation, or maintenance of a 
VMS unit or communication service provider.
    (9) Fail to use real-time C-VMS port-to-port on board U.S. vessels 
harvesting AMLR in the Convention Area.
    (cc) Fail to use the mitigation measures required in the course of 
longline fishing or longline fishing research in the Convention Area to 
minimize the incidental mortality of seabirds.

[[Page 1081]]

    (dd) Fail to use the mitigation measures required in the Convention 
Area to minimize the incidental mortality of seabirds and marine mammals 
in the course of trawl fishing.
    (ee) Set longlines in Subareas 48.6, 88.1 and 88.2 Divisions 58.4.1, 
58.4.2, 58.4.3a, 58.4.3b and 58.5.2 during daylight hours without 
following the CCAMLR protocol designed to mitigate seabird interactions.
    (ff) Trawl for krill in Convention Area fisheries without a seal 
excluder device.
    (gg) Harvest any AMLR in Convention waters without a harvesting 
permit required by this subpart.
    (hh) Ship, transport, offer for sale, sell, purchase, import, 
export, re-export or have custody, control, or possession of, any frozen 
Dissostichus species without verifiable documentation of the use of 
real-time C-VMS port-to-port by the vessel that harvested such 
Dissostichus species unless the Dissostichus species was harvested 
during a fishing trip that began prior to September 24, 2007.

[61 FR 35550, July 5, 1996, as amended at 65 FR 30017, May 10, 2000; 68 
FR 23229, May 1, 2003. Redesignated and amended at 72 FR 48510, 48512, 
Aug. 23, 2007; 75 FR 18113, Apr. 9, 2010]



Sec. 300.118  Facilitation of enforcement and inspection.

    In addition to the facilitation of enforcement provisions of Sec. 
300.5, the following requirements apply to this subpart.
    (a) Access and records. (1) The owners and operator of each 
harvesting vessel must provide authorized officers and CCAMLR inspectors 
access to all spaces where work is conducted or business papers and 
records are prepared or stored, including but not limited to personal 
quarters and areas within personal quarters. If inspection of a 
particular area would interfere with specific on-going scientific 
research, and if the operator of the harvesting vessel makes such 
assertion and produces an individual permit that covers that specific 
research, the authorized officer or CCAMLR inspector will not disturb 
the area, but will record the information pertaining to the denial of 
access.
    (2) The owner and operator of each harvesting vessel must provide to 
authorized officers and CCAMLR inspectors all records and documents 
pertaining to the harvesting activities of the vessel, including but not 
limited to production records, fishing logs, navigation logs, transfer 
records, product receipts, cargo stowage plans or records, draft or 
displacement calculations, customs documents or records, and an accurate 
hold plan reflecting the current structure of the vessel's storage and 
factory spaces.
    (3) Before leaving vessels that have been inspected, the CCAMLR 
inspector will give the master of the vessel a Certificate of Inspection 
and a written notification of any alleged violations of Commission 
measures in effect and will afford the master the opportunity to comment 
on it. The ship's master must sign the notification to acknowledge 
receipt and the opportunity to comment on it.
    (b) Reports by non-inspectors. All scientists, fishermen, and other 
non-inspectors present in the Convention area and subject to the 
jurisdiction of the United States are encouraged to report any violation 
of Commission conservation and management measures observed in the 
Convention area to the Office of Ocean Affairs (CCAMLR Violations), 
Department of State, Room 5801, Washington, DC 20520.
    (c) Storage of AMLRs. The operator of each harvesting vessel storing 
AMLRs in a storage space on board the vessel must ensure that non-
resource items are neither stowed beneath nor covered by resource items, 
unless required to maintain the stability and safety of the vessel. Non-
resource items include, but are not limited to, portable conveyors, 
exhaust fans, ladders, nets, fuel bladders, extra bin boards, or other 
moveable non-resource items. These non-resource items may be in a 
resource storage space when necessary for the safety of the vessel or 
crew or for the storage of the items. Lumber, bin boards, or other 
dunnage may be used for shoring or bracing of product to ensure the 
safety of crew and to prevent shifting of cargo within the space.

[[Page 1082]]

    (d) Disposition of resources denied entry. [Reserved]

[61 FR 35550, July 5, 1996, as amended at 65 FR 30017, May 10, 2000. 
Redesignated at 72 FR 48510, Aug. 23, 2007]



Sec. 300.119  Penalties.

    Any person or harvesting vessel found to be in violation of the Act, 
this subpart, or any permit issued under this subpart will be subject to 
the civil and criminal penalty provisions and forfeiture provisions 
prescribed in the Act, 15 CFR part 904, and other applicable laws.

[61 FR 35550, July 5, 1996. Redesignated at 72 FR 48510, Aug. 23, 2007]

[[Page 1083]]



 Sec. Figure 1 to Subpart G of Part 300--Boundaries of the Statistical 
                  Reporting Area in the Southern Ocean
[GRAPHIC] [TIFF OMITTED] TC01JY91.072


[[Page 1084]]





  Sec. Figure 2 to Subpart G of Part 300--The Use of Streamer Lines To 
Minimize the Incidental Mortality of Seabirds in the Course of Longline 
 Fishing or Longline Fishing Research Operations in the Convention Area
[GRAPHIC] [TIFF OMITTED] TC01JY91.073


[[Page 1085]]





   Subpart H_Vessels of the United States Fishing in Colombian Treaty 
                                 Waters

    Authority: 16 U.S.C. 1801 et seq.



Sec. 300.120  Purpose.

    This subpart implements fishery conservation and management measures 
as provided in fishery agreements pursuant to the Treaty Between the 
Government of the United States of America and the Government of the 
Republic of Colombia Concerning the Status of Quita Sueno, Roncador and 
Serrana (TIAS 10120) (Treaty).



Sec. 300.121  Definitions.

    In addition to the terms defined in Sec. 300.2, the Magnuson-
Stevens Act, and Sec. 600.10 of this title, and in the Treaty, the 
terms used in this subpart have the following meanings. If a term is 
defined differently in Sec. 300.2, the Magnuson-Stevens Act, or the 
Treaty, the definition in this section shall apply.
    Conch means Strombus gigas.
    Factory vessel means a vessel that processes, transforms, or 
packages aquatic biological resources on board.
    Lobster means one or both of the following:
    (1) Smoothtail lobster, Panulirus laevicauda.
    (2) Caribbean spiny lobster or spiny lobster, Panulirus argus.
    Regional Administrator means the Administrator of the Southeast 
Region, or a designee.
    Science and Research Director means the Director, Southeast 
Fisheries Science Center.
    Treaty waters means the waters of one or more of the following:
    (1) Quita Sueno, enclosed by latitudes 13[deg]55[min]N. and 
14[deg]43[min]N. between longitudes 80[deg]55[min]W. and 
81[deg]28[min]W.
    (2) Serrana, enclosed by arcs 12 nautical miles from the low water 
line of the cays and islands in the general area of 14[deg]22[min]N. 
lat., 80[deg]20[min]W. long.
    (3) Roncador, enclosed by arcs 12 nautical miles from the low water 
line of Roncador Cay, in approximate position 13[deg]35[min]N. lat., 
80[deg]05[min]W. long.

[61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011]



Sec. 300.122  Relation to other laws.

    (a) The relation of this subpart to other laws is set forth in Sec. 
600.705 of this title and paragraph (b) of this section. Particular note 
should be made to the reference in Sec. 600.705 to the applicability of 
title 46 U.S.C., under which a Certificate of Documentation is invalid 
when the vessel is placed under the command of a person who is not a 
citizen of the United States.
    (b) Minimum size limitations for certain species, such as reef fish 
in the Gulf of Mexico, may apply to vessels transiting the EEZ with such 
species aboard.



Sec. 300.123  Certificates and permits.

    (a) Applicability. An owner of a vessel of the United States that 
fishes in treaty waters is required to obtain an annual certificate 
issued by the Republic of Colombia and an annual vessel permit issued by 
the Regional Administrator.
    (b) Application for certificate/permit. (1) An application for a 
permit must be submitted and signed by the vessel's owner. An 
application may be submitted at any time, but should be submitted to the 
Regional Administrator not less than 90 days in advance of its need. 
Applications for the ensuing calendar year should be submitted to the 
Regional Administrator by October 1.
    (2) An applicant must provide the following:
    (i) A copy of the vessel's valid USCG certificate of documentation 
or, if not documented, a copy of its valid state registration 
certificate.
    (ii) Vessel name and official number.
    (iii) Name, address, telephone number, and other identifying 
information of the vessel owner or, if the owner is a corporation or 
partnership, of the responsible corporate officer or general partner.
    (iv) Principal port of landing of fish taken from treaty waters.
    (v) Type of fishing to be conducted in treaty waters.
    (vi) Any other information concerning the vessel, gear 
characteristics, principal fisheries engaged in, or fishing areas, as 
specified on the application form.

[[Page 1086]]

    (vii) Any other information that may be necessary for the issuance 
or administration of the permit, as specified on the application form.
    (c) Issuance. (1) The Regional Administrator will request a 
certificate from the Republic of Colombia if:
    (i) The application is complete.
    (ii) The applicant has complied with all applicable reporting 
requirements of Sec. 300.124 during the year immediately preceding the 
application.
    (2) Upon receipt of an incomplete application, or an application 
from a person who has not complied with all applicable reporting 
requirements of Sec. 300.124 during the year immediately preceding the 
application, the Regional Administrator will notify the applicant of the 
deficiency. If the applicant fails to correct the deficiency within 30 
days of the Regional Administrator's notification, the application will 
be considered abandoned.
    (3) The Regional Administrator will issue a permit as soon as the 
certificate is received from the Republic of Colombia.
    (d) Duration. A certificate and permit are valid for the calendar 
year for which they are issued, unless the permit is revoked, suspended, 
or modified under subpart D of 15 CFR part 904.
    (e) Transfer. A certificate and permit issued under this section are 
not transferable or assignable. They are valid only for the fishing 
vessel and owner for which they are issued.
    (f) Display. A certificate and permit issued under this section must 
be carried aboard the fishing vessel while it is in treaty waters. The 
operator of a fishing vessel must present the certificate and permit for 
inspection upon request of an authorized officer or an enforcement 
officer of the Republic of Colombia.
    (g) Sanctions and denials. Procedures governing enforcement-related 
permit sanctions and denials are found at subpart D of 15 CFR part 904.
    (h) Alteration. A certificate or permit that is altered, erased, or 
mutilated is invalid.
    (i) Replacement. A replacement certificate or permit may be issued 
upon request. Such request must clearly state the reason for a 
replacement certificate or permit.
    (j) Change in application information. The owner of a vessel with a 
permit must notify the Regional Administrator within 30 days after any 
change in the application information required by paragraph (b)(2) of 
this section. The permit is void if any change in the information is not 
reported within 30 days.



Sec. 300.124  Recordkeeping and reporting.

    (a) Arrival and departure reports. The operator of each vessel of 
the United States for which a certificate and permit have been issued 
under Sec. 300.123 must report by radio to the Port Captain, San Andres 
Island, voice radio call sign ``Capitania de San Andres,'' the vessel's 
arrival in and departure from treaty waters. Radio reports must be made 
on 8222.0 kHz or 8276.5 kHz between 8:00 a.m. and 12 noon, local time 
(1300-1700, Greenwich mean time) Monday through Friday.
    (b) Catch and effort reports. Each vessel of the United States must 
report its catch and effort on each trip into treaty waters to the 
Science and Research Director on a form available from the Science and 
Research Director. These forms must be submitted to the Science and 
Research Director so as to be received no later than 7 days after the 
end of each fishing trip.



Sec. 300.125  Vessel identification.

    (a) Official number. A vessel with a permit issued pursuant to Sec. 
300.123, when in treaty waters, must display its official number on the 
port and starboard sides of the deckhouse or hull, and on an appropriate 
weather deck, so as to be clearly visible from an enforcement vessel or 
aircraft. The official number must be permanently affixed to or painted 
on the vessel and must be in block arabic numerals in contrasting color 
to the background at least 18 inches (45.7 cm) in height for fishing 
vessels over 65 ft (19.8 m) in length, and at least 10 inches (25.4 cm) 
in height for all other vessel.
    (b) Duties of operator. The operator of each fishing vessel must--
    (1) Keep the official number clearly legible and in good repair.
    (2) Ensure that no part of the fishing vessel, its rigging, fishing 
gear, or any

[[Page 1087]]

other material aboard obstructs the view of the official number from an 
enforcement vessel or aircraft.



Sec. 300.126  Prohibitions.

    In addition to the general prohibitions specified in Sec. 600.725 
of this title and the prohibited acts specified in Sec. 300.4, it is 
unlawful for any person to do any of the following:
    (a) Fish in treaty waters without the certificate and permit aboard, 
or fail to display the certificate and permit, as specified in Sec. 
300.123(a) and (f).
    (b) Fail to notify the Regional Administrator of a change in 
application information, as specified in Sec. 300.123(j).
    (c) Fail to report a vessel's arrival in and departure from treaty 
waters, as required by Sec. 300.124(a).
    (d) Falsify or fail to display and maintain vessel identification, 
as required by Sec. 300.125.
    (e) Fail to comply immediately with instructions and signals issued 
by an enforcement officer of the Republic of Colombia, as specified in 
Sec. 300.127.
    (f) Operate a factory vessel in treaty waters, as specified in Sec. 
300.130(a).
    (g) Use a monofilament gillnet in treaty waters, as specified in 
Sec. 300.130(b).
    (h) Use autonomous or semi-autonomous diving equipment in treaty 
waters, as specified in Sec. 300.130(c).
    (i) Use or possess in treaty waters a lobster trap or fish trap 
without a degradable panel, as specified in Sec. 300.130(d).
    (j) Possess conch smaller than the minimum size limit, as specified 
in Sec. 300.131(a).
    (k) Fish for or possess conch in the closed area or during the 
closed season, as specified in Sec. 300.131(b) and (c).
    (l) Retain on board a berried lobster or strip eggs from or 
otherwise molest a berried lobster, as specified in Sec. 300.132(a).
    (m) Possess a lobster smaller than the minimum size, as specified in 
Sec. 300.132(b).
    (n) Fail to return immediately to the water unharmed a berried or 
undersized lobster, as specified in Sec. 300.132(a) and (b).



Sec. 300.127  Facilitation of enforcement.

    (a) The provisions of Sec. 600.730 of this title and paragraph (b) 
of this section apply to vessels of the United States fishing in treaty 
waters.
    (b) The operator of, or any other person aboard, any vessel of the 
United States fishing in treaty waters must immediately comply with 
instructions and signals issued by an enforcement officer of the 
Republic of Colombia to stop the vessel and with instructions to 
facilitate safe boarding and inspection of the vessel, its gear, 
equipment, fishing record, and catch for purposes of enforcing this 
subpart.



Sec. 300.128  Penalties.

    Any person committing or fishing vessel used in the commission of a 
violation of the Magnuson-Stevens Act or any regulation issued under the 
Magnuson-Stevens Act, is subject to the civil and criminal penalty 
provisions and civil forfeiture provisions of the Magnuson-Stevens Act, 
to part 600 of this title, to 15 CFR part 904, and to other applicable 
law. In addition, Colombian authorities may require a vessel involved in 
a violation of this subpart to leave treaty waters.



Sec. 300.129  Fishing year.

    The fishing year for fishing in treaty waters begins on January 1 
and ends on December 31.



Sec. 300.130  Vessel and gear restrictions.

    (a) Factory vessels. Factory vessels are prohibited from operating 
in treaty waters.
    (b) Monofilament gillnets. A monofilament gillnet made from nylon or 
similar synthetic material are prohibited from being used in treaty 
waters.
    (c) Tanks and air hoses. Autonomous or semiautonomous diving 
equipment (tanks or air hoses) are prohibited from being used to take 
aquatic biological resources in treaty waters.
    (d) Trap requirements. A lobster trap or fish trap used or possessed 
in treaty waters that is constructed of material other than wood must 
have an escape panel located in the upper half of the sides or on top of 
the trap that, when removed, will leave an opening no

[[Page 1088]]

smaller than the throat or entrance of the trap. Such escape panel must 
be constructed of or attached to the trap with wood, cotton, or other 
degradable material.
    (e) Poisons and explosives. [Reserved]



Sec. 300.131  Conch harvest limitations.

    (a) Size limit. The minimum size limit for possession of conch in or 
from treaty waters is 7.94 oz (225 g) for an uncleaned meat and 3.53 oz 
(100 g) for a cleaned meat.
    (b) Closed area. The treaty waters of Quita Sueno are closed to the 
harvest or possession of conch.
    (c) Closed season. During the period July 1 through September 30 of 
each year, the treaty waters of Serrana and Roncador are closed to the 
harvest or possession of conch.



Sec. 300.132  Lobster harvest limitations.

    (a) Berried lobsters. A berried (egg-bearing) lobster in treaty 
waters may not be retained on board. A berried lobster must be returned 
immediately to the water unharmed. A berried lobster may not be 
stripped, scraped, shaved, clipped, or in any other manner molested to 
remove the eggs.
    (b) Size limit. The minimum size limit for possession of lobster in 
or from treaty waters is 5.5 inches (13.97 cm), tail length. Tail length 
means the measurement, with the tail in a straight, flat position, from 
the anterior upper edge of the first abdominal (tail) segment to the tip 
of the closed tail. A lobster smaller than the minimum size limit must 
be returned immediately to the water unharmed.



          Subpart I_United States-Canada Fisheries Enforcement

    Authority: 16 U.S.C. 1801 et seq.



Sec. 300.140  Purpose and scope.

    This subpart implements the Agreement Between the Government of the 
United States of America and the Government of Canada on Fisheries 
Enforcement executed at Ottawa, Canada, on September 26, 1990 
(Agreement), allowing each party to the Agreement to take appropriate 
measures, consistent with international law, to prevent its nationals, 
residents and vessels from violating those national fisheries laws and 
regulations of the other party. This subpart applies, except where 
otherwise specified in this subpart, to all persons and all places (on 
water and on land) subject to the jurisdiction of the United States 
under the Magnuson-Stevens Act. This includes, but is not limited to, 
activities of nationals, residents and vessels of the United States 
(including the owners and operators of such vessels) within waters 
subject to the fisheries jurisdiction of Canada as defined in this 
subpart, as well as on the high seas and in waters subject to the 
fisheries jurisdiction of the United States.



Sec. 300.141  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the 
Magnuson-Stevens Act and the Agreement, the terms used in this subpart 
have the following meanings. If a term is defined differently in Sec. 
300.2, the Magnuson-Stevens Act, or the Agreement, the definition in 
this section applies.
    Applicable Canadian fisheries law means any Canadian law, regulation 
or similar provision relating in any manner to fishing by any fishing 
vessel other than a Canadian fishing vessel in waters subject to the 
fisheries jurisdiction of Canada, including, but not limited to, any 
provision relating to stowage of fishing gear by vessels passing through 
such waters, and to obstruction or interference with enforcement of any 
such law or regulation.
    Authorized officer of Canada means any fishery officer, protection 
officer, officer of the Royal Canadian Mounted Police, or other employee 
authorized by the appropriate authority of any national or provincial 
agency of Canada to enforce any applicable Canadian fisheries law.
    Canadian fishing vessel means a fishing vessel:
    (1) That is registered or licensed in Canada under the Canada 
Shipping Act and is owned by one or more persons each of whom is a 
Canadian citizen, a person resident and domiciled in Canada, or a 
corporation incorporated under the laws of Canada or of a province, 
having its principal place of business in Canada; or

[[Page 1089]]

    (2) That is not required by the Canada Shipping Act to be registered 
or licensed in Canada and is not registered or licensed elsewhere but is 
owned as described in paragraph (1) of this definition.
    Waters subject to the fisheries jurisdiction of Canada means the 
internal waters, territorial sea, and the zone that Canada has 
established, extending 200 nautical miles from its coasts, in which it 
exercises sovereign rights for the purpose of exploration, exploitation, 
conservation and management of living marine resources, to the extent 
recognized by the United States.



Sec. 300.142  Prohibitions.

    The prohibitions in this section apply within waters subject to the 
fisheries jurisdiction of Canada and during hot pursuit therefrom by an 
authorized officer of Canada. It is unlawful for any national or 
resident of the United States, or any person on board a vessel of the 
United States, or the owner or operator of any such vessel, to do any of 
the following:
    (a) Engage in fishing in waters subject to the fisheries 
jurisdiction of Canada without the express authorization of the 
Government of Canada.
    (b) Take or retain fish in waters subject to the fisheries 
jurisdiction of Canada without the express authorization of the 
Government of Canada.
    (c) Be on board a fishing vessel in waters subject to the fisheries 
jurisdiction of Canada, without stowing all fishing gear on board 
either:
    (1) Below deck, or in an area where it is not normally used, such 
that the gear is not readily available for fishing; or
    (2) If the gear cannot readily be moved, in a secured and covered 
manner, detached from all towing lines, so that it is rendered unusable 
for fishing; unless the vessel has been authorized by the Government of 
Canada to fish in the particular location within waters subject to the 
fisheries jurisdiction of Canada in which it is operating.
    (d) While on board a fishing vessel in waters subject to the 
fisheries jurisdiction of Canada, fail to respond to any inquiry from an 
authorized officer of Canada regarding the vessel's name, flag state, 
location, route or destination, and/or the circumstances under which the 
vessel entered such waters.
    (e) Violate the Agreement, any applicable Canadian fisheries law, or 
the terms or conditions of any permit, license or any other 
authorization granted by Canada under any such law.
    (f) Fail to comply immediately with any of the enforcement and 
boarding procedures specified in Sec. 300.143.
    (g) Destroy, stave, or dispose of in any manner, any fish, gear, 
cargo or other matter, upon any communication or signal from an 
authorized officer of Canada, or upon the approach of such an officer, 
enforcement vessel or aircraft, before the officer has had the 
opportunity to inspect same, or in contravention of directions from such 
an officer.
    (h) Refuse to allow an authorized officer of Canada to board a 
vessel for the purpose of conducting any inspection, search, seizure, 
investigation or arrest in connection with the enforcement of any 
applicable Canadian fisheries law.
    (i) Assault, resist, oppose, impede, intimidate, threaten, obstruct, 
delay, prevent, or interfere, in any manner, with an authorized officer 
of Canada in the conduct of any boarding, inspection, search, seizure, 
investigation or arrest in connection with the enforcement of any 
applicable Canadian fisheries law.
    (j) Make any false statement, oral or written, to an authorized 
officer of Canada in response to any inquiry by that officer in 
connection with enforcement of any applicable Canadian fisheries law.
    (k) Falsify, cover, or otherwise obscure, the name, home port, 
official number (if any), or any other similar marking or identification 
of any fishing vessel subject to this subpart such that the vessel 
cannot be readily identified from an enforcement vessel or aircraft.
    (l) Attempt to do any of the foregoing.



Sec. 300.143  Facilitation of enforcement.

    (a) General. Persons aboard fishing vessels subject to this subpart 
must immediately comply with instructions and/or signals issued by an 
authorized officer of the United States or Canada, or by an enforcement 
vessel or aircraft,

[[Page 1090]]

to stop the vessel, and with instructions to facilitate safe boarding 
and inspection for the purpose of enforcing any applicable Canadian 
fisheries law, the Agreement, or this subpart. All of the provisions of 
Sec. 300.5 regarding communications, boarding, and signals apply to 
this subpart. For purposes of this subpart, authorized officer in Sec. 
305 means an authorized officer of the United States or Canada. (See 
paragraph (b) of this section for specific requirements for complying 
with signals and instructions issued by an authorized officer of 
Canada.)
    (b) Canadian signals. In addition to signals set forth in Sec. 
300.5, persons aboard fishing vessels subject to this subpart must 
immediately comply with the following signals by an authorized officer 
of Canada.
    (1) Authorized officers of Canada use the following signals to 
require fishing vessels to stop or heave to:
    (i) The hoisting of a rectangular flag, known as the International 
Code Flag ``L'', which is divided vertically and horizontally into 
quarters and colored so that:
    (A) The upper quarter next to the staff and the lower quarter next 
to the fly are yellow; and
    (B) The lower quarter next to the staff and the upper quarter next 
to the fly are black;
    (ii) The flashing of a light to indicate the International Morse 
Code letter ``L'', consisting of one short flash, followed by one long 
flash, followed by two short flashes (. -- . .); or
    (iii) The sounding of a horn or whistle to indicate the 
International Morse Code letter ``L'', consisting of one short blast, 
followed by one long blast, followed by two short blasts (. -- . .).
    (2) Authorized officers of Canada use the following signals to 
require a fishing vessel to prepare to be boarded:
    (i) The hoisting of flags representing the International Code Flag 
``SQ3''; or
    (ii) The flashing of a light, or the sounding of a horn or whistle, 
to indicate the International Morse Code Signal ``SQ3'' (. . . -- -- . 
-- . . . -- --).



Sec. 300.144  Penalties and sanctions.

    Any person, any fishing vessel, or the owner or operator of any such 
vessel, who violates any provision of the Agreement or this subpart, is 
subject to the civil and criminal fines, penalties, forfeitures, permit 
sanctions, or other sanctions provided in the Magnuson-Stevens Act, part 
600 of this title, 15 CFR part 904 (Civil Procedures), and any other 
applicable law or regulation.



          Subpart J_U.S. Nationals Fishing in Russian Fisheries

    Authority: 16 U.S.C. 1801 et seq.



Sec. 300.150  Purpose.

    This subpart regulates U.S. nationals fishing in the Russian 
fisheries and implements the Agreement between the Government of the 
United States of America and the Government of the Union of Soviet 
Socialist Republics on Mutual Fisheries Relations, signed May 31, 1988.



Sec. 300.151  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the 
Magnuson-Stevens Act, the terms used in this subpart have the following 
meanings. If a term is defined differently in Sec. 300.2 or the 
Magnuson-Stevens Act, the definition in this section shall apply.
    Affiliates means two persons (including individuals and entities) 
related in such a way that--
    (1) One indirectly or directly controls or has power to control the 
other; or
    (2) A third party controls or has power to control both. Indicia of 
control include, but are not limited to, interlocking management or 
ownership, identity of interests among family members, shared facilities 
and equipment, common use of employees, or a reorganized entity having 
the same or similar management, ownership, or employees as a former 
entity.
    Agreement means the Agreement Between the Government of the United 
States of America and the Government of the Union of Soviet Socialist 
Republics on Mutual Fisheries Relations, signed May 31, 1988.
    Embassy of the Russian Federation means the Fisheries Attache of the 
embassy located in Washington, D.C.
    Fishery resource means any fish, any stock of fish, any species of 
fish, and any habitat of fish.

[[Page 1091]]

    Fishing or to fish means any activity that does, is intended to, or 
can reasonably be expected to result in catching or removing from the 
water fishery resources. Fishing also includes the acts of scouting, 
processing, and support.
    Operator, with respect to any vessel, means the master or other 
individual on board and in charge of either the vessel, the vessel's 
fishing operation, or both.
    Owner, with respect to any vessel, means any person who owns that 
vessel in whole or in part, whether or not it is leased or chartered to 
or managed by another person, or any charterer, whether bareboat, time, 
or voyage, and any person who acts in the capacity of a charterer, or 
manager, including but not limited to parties to a management agreement, 
operating agreement, or any similar agreement that bestows control over 
the destination, function, or operation of the vessel, any officer, 
director, manager, controlling shareholder of any entity described in 
this definition, any agent designated as such by any person described in 
this definition, and any affiliate of any person described in this 
definition.
    Processing means any operation by a vessel to receive fish from a 
fishing vessel and/or the preparation of fish, including but not limited 
to cleaning, cooking, canning, smoking, salting, drying, or freezing, 
either on the vessel's behalf or to assist another vessel.
    Regional Administrator means Administrator of the Alaska Region, or 
a designee.
    Relevant laws and regulations of the Russian Federation means those 
Russian laws and regulations that concern fishing for fishery resources 
over which Russia exercises sovereign rights or fishery management 
authority.
    Russian and Federation mean the Russian Federation, its government, 
or any organ or entity of its government.
    Russian continental shelf or continental shelf of Russia means the 
seabed and subsoil of the submarine areas over which, consistent with 
international law, Russia exercises sovereign rights.
    Russian Economic Zone or Russian EZ means a zone of waters off the 
coast of Russia beyond and adjacent to the Russian territorial sea 
extending a distance of up to 200 nautical miles from the baseline from 
which the territorial sea is measured, within which, consistent with 
international law, Russia has sovereign rights over the fishery 
resources.
    Russian Federation or Russia means the governing entity that 
succeeded the Union of Soviet Socialist Republics, and that is the 
successor party to the Agreement of May 31, 1988.
    Russian fisheries, Russian fishery resources, or fishery resources 
over which Russia exercises sovereign rights or fishery management 
authority means fishery resources within the Russian EZ, fishery 
resources of the Russian continental shelf, and anadromous species that 
originate in the waters of Russia, whether found in the Russian EZ or 
beyond any exclusive economic zone or its equivalent.
    Scouting means any operation by a vessel exploring (on behalf of the 
vessel or another vessel) for the presence of fish by any means that do 
not involve the catching of fish.
    Support means any operation by a vessel assisting fishing by another 
vessel, including--
    (1) Transferring or transporting fish or fish products; or
    (2) Supplying a fishing vessel with water, fuel, provisions, fishing 
equipment, fish processing equipment, or other supplies.

[61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011]



Sec. 300.152  Procedures.

    (a) Application for annual permits. U.S. vessel owners and operators 
must have a valid permit issued by the Russian Federation obtained 
pursuant to a complete application submitted through NMFS before fishing 
in the Russian EZ or for Russian fishery resources. Application forms 
and copies of applicable laws and regulations of the Russian Federation 
may be obtained from NMFS Headquarters.
    (b) Other application information. Applications for motherships, 
processing or transport vessels must identify the type of fishing gear 
to be employed or the fishing quotas if the vessel has received or is 
requesting a quota. To facilitate processing, NMFS requests that permit 
applications for more than

[[Page 1092]]

10 vessels be grouped by type and fishing area, and provide the name, 
address, telephone, and FAX number(s) of an individual who will be the 
official point of contact for an application.
    (c) Review of Applications. NMFS will review each application, and, 
if it is complete, forward it to the Department of State for submission 
to the competent authorities of the Russian Federation. NMFS will notify 
the permit applicant when the permit is submitted to the Russian 
Federation. NMFS will return incomplete applications to the applicant.
    (d) Direct Communication. U.S. applicants may communicate directly 
with the Russian Federation with regard to the status of their 
applications or permits and are encouraged to do so. Owners and 
operators should make direct contact and work with Russian industry and 
government authorities.



Sec. 300.153  Permit issuance.

    (a) Acceptance. Once the Department of State has accepted the 
conditions and restrictions proposed by the Russian Federation and all 
fees have been paid, the competent authorities of the Russian Federation 
will approve the application. The Russian Federation will issue a permit 
to the vessel owner for each fishing vessel for which it has approved an 
application. That vessel will thereupon be authorized by the Russian 
Federation to fish in accordance with the Agreement and the terms and 
conditions set forth in the permit. The vessel owner is prohibited from 
transferring the permit to any other vessel or person. Any such 
transfer, or the sale or other transfer of the vessel, will immediately 
invalidate the permit. The vessel owner must notify NMFS of any change 
in the permit application information submitted to NMFS Headquarters 
under Sec. 300.152 within 7 calendar days of the change.
    (b) Copies. The vessel owner and operator must mail a copy of each 
permit and any conditions and restrictions issued for that vessel by the 
Russian Federation within 7 calendar days of its receipt to NMFS 
Headquarters.
    (c) Validity. Any permit issued by the Russian Federation with 
respect to a vessel subject to this subpart will be deemed to be a valid 
permit only if:
    (1) A completed permit application has been forwarded to the 
competent authorities of the Russian Federation as provided in Sec. 
300.152(b)(1).
    (2) Such application has been approved and a permit issued by the 
competent authorities of the Russian Federation as provided in paragraph 
(a) of this section.
    (3) The U.S. Department of State has notified the competent 
authorities of the Russian Federation that it has accepted the 
conditions and restrictions as provided in paragraph (a) of this 
section. The permit will be rendered invalid by: The transfer or sale of 
the permit specified in paragraph (a) of this section; the failure to 
submit to NMFS any changes in permit application information as required 
by paragraph (a) of this section; failure to submit to NMFS any permit 
copy required by paragraph (b) of this section or any other information 
or report required by any other provision of this subpart; or the 
failure to pay required permit fees.
    (d) Russian-imposed sanctions. (1) The Russian Federation will 
impose appropriate fines, penalties, or forfeitures in accordance with 
its laws, for violations of its relevant laws or regulations.
    (2) In the case of arrest and seizure of a U.S. vessel by Russian 
authorities, notification will be given promptly through diplomatic 
channels informing the United States of the facts and actions taken.
    (3) The Russian Federation will release U.S. vessels and their crews 
promptly, subject to the posting of reasonable bond or other security.
    (4) The sanctions for violations of limitations or restrictions on 
fishing operations will be appropriate fines, penalties, forfeitures, or 
revocations or suspensions of fishing privileges.



Sec. 300.154  Recordkeeping and reporting.

    (a) General. The owner and operator of a vessel subject to this 
subpart are responsible for complying with all recordkeeping and 
reporting requirements in this part in a timely and accurate manner. 
Reports and records required by this subpart must be in English, in the 
formats specified, and unless otherwise specified, based on Greenwich 
mean time (GMT).

[[Page 1093]]

    (b) Vessel permit abstract report. (1) The owner and operator of a 
vessel subject to this subpart must submit to NMFS Headquarters a permit 
abstract report containing the following information:
    (i) Vessel name.
    (ii) Russian Federation permit number.
    (iii) Duration of permit (e.g., 1/1/91-12/31/91).
    (iv) Authorized areas of fishing operations in geographic 
coordinates.
    (v) Authorized catch quota in tons.
    (vi) Authorized fishing gear.
    (vii) Type of permit (e.g., catcher).
    (2) The report must be faxed to (301) 713-2313 within 5 calendar 
days of receipt of the Russian permit.
    (c) Activity reports. The owner and operator of a vessel subject to 
this subpart must submit to the Regional Administrator by telefax to 
(907) 586-7313, the following reports:
    (1) Depart Report (Action code DEPART). At least 24 hours before the 
vessel departs from the EEZ for the Russian EZ, NMFS must receive the 
following information:
    (i) The date (month and day), and time (hour and minute GMT), and 
position (latitude and longitude to the nearest degree and minute), at 
which the vessel will depart the EEZ for the Russian EZ.
    (ii) The weight in metric tons (to the nearest hundredth of a metric 
ton) of all fish and fish product (listed by species and product codes) 
on board the vessel at the time it will depart the EEZ.
    (2) Return Report (Action code RETURN). At least 24 hours before a 
vessel that has been in the Russian EZ enters the EEZ, NMFS must receive 
the following information:
    (i) The date (month and day), time (hour and minute GMT), and 
position (latitude and longitude to the nearest degree and minute), at 
which the vessel will enter the EEZ.
    (ii) The weight in metric tons (to the nearest hundredth of a metric 
ton) of all fish and fish products (listed by species and product codes) 
on board the vessel at the time it will enter the EEZ, and the areas 
(Russian EZ, U.S. EEZ, or other) in which such fish products were 
harvested or received.
    (3) All reports must specify: The appropriate action code 
(``DEPART'' or ``RETURN''); the vessel's name and international radio 
call sign (IRCS); the sender's name and telephone number, and FAX, 
TELEX, and COMSAT numbers; the date (month and day) and time (hour and 
minute GMT) that the report is submitted to NMFS; and the intended date 
and U.S. port of landing. A list of species and product codes may be 
obtained from the Regional Administrator.
    (d) Recordkeeping. The owner and operator of a vessel subject to 
this subpart must retain all copies of all reports required by this 
subpart on board the vessel for 1 year after the end of the calendar 
year in which the report was generated. The owner and operator must 
retain and make such records available for inspection upon the request 
of an authorized officer at any time for 3 years after the end of the 
calendar year in which the report was generated, whether or not such 
records on board the vessel.

[61 FR 35550, July 5, 1996, as amended at 76 FR 59305, Sept. 26, 2011]



Sec. 300.155  Requirements.

    (a) Compliance with permit requirements. (1) U.S. nationals and 
vessels subject to this subpart must have a valid permit, as specified 
in Sec. 300.153(c) in order to fish for Russian fishery resources.
    (2) U.S. nationals and vessels subject to this subpart that are 
fishing for Russian fishery resources must comply with all provisions, 
conditions, and restrictions of any applicable permit.
    (b) Compliance with Russian law. U.S. nationals and vessels fishing 
for Russian fishery resources must comply with the relevant laws and 
regulations of the Russian Federation.
    (c) Protection of marine mammals. U.S. nationals and vessels fishing 
for Russian fishery resources may not harass, hunt, capture, or kill any 
marine mammal within the Russian EZ, attempt to do so, except as may be 
provided for by an international agreement to which both the United 
States and Russia are parties, or in accordance with specific 
authorization and controls established

[[Page 1094]]

by the Russian Federation. The provisions of the Marine Mammal 
Protection Act (MMPA), 16 U.S.C. 1361 et seq. also apply to any person 
or vessel subject to the jurisdiction of the United States while in the 
Russian EZ, and it shall not be a defense to any violation of the MMPA 
that the person or vessel was acting in accordance with any permit or 
authorization issued by the Russian Federation.
    (d) Cooperation with enforcement procedures. (1) The operator of, or 
any person aboard, any U.S. vessel subject to this subpart must 
immediately comply with instructions and signals issued by an authorized 
officer of the Russian Federation to stop the vessel and with 
instructions to facilitate safe boarding and inspection of the vessel, 
its gear, equipment, fishing record, and catch for purposes of enforcing 
the relevant laws and regulations of Russia.
    (2) The operator of, and any person aboard, any U.S. vessel subject 
to this subpart, must comply with directions issued by authorized 
officers of the Russian Federation in connection with the seizure of the 
vessel for violation of the relevant laws or regulations of the Russian 
Federation.
    (3) U.S. nationals and vessels subject to this subpart must pay all 
fines and penalties and comply with forfeiture sanctions imposed by the 
Russian Federation for violations of its relevant laws and regulations.
    (4) The operator of, and any person aboard, any U.S. vessel subject 
to this subpart must immediately comply with instructions and signals 
issued by an authorized officer of the United States to stop the vessel 
and with instructions to facilitate safe boarding and inspection of the 
vessel, its gear, equipment, fishing records, and catch for purposes of 
enforcing the Magnuson-Stevens Act, the Agreement, and this subpart.
    (e) Compliance with observer requirements. The owner of, operator 
of, and any person aboard, any U.S. vessel fishing in the Russian EZ or 
for Russian fishery resources to which a Russian observer is assigned 
must--
    (1) Allow and facilitate, on request, boarding of a U.S. vessel by 
the observer.
    (2) Provide to the observer, at no cost to the observer or the 
Russian Federation, the courtesies and accommodations provided to ship's 
officers.
    (3) Cooperate with the observer in the conduct of his or her 
official duties.
    (4) Reimburse the Russian Federation for the costs of providing an 
observer aboard the vessel.



Sec. 300.156  Prohibited acts.

    In addition to the prohibited acts specified at Sec. 300.4, it 
shall be unlawful for any U.S. national or vessel, or the owner or 
operator of any such vessel:
    (a) To fish for Russian fishery resources without a valid permit 
issued by the competent authorities of the Russian Federation.
    (b) To violate the provisions, conditions, and restrictions of an 
applicable permit.
    (c) To violate the relevant laws and regulations of Russia.
    (d) To harass, hunt, capture, or kill any marine mammal within the 
Russian EZ, or while fishing for Russian fishery resources, except as 
provided in Sec. 300.155 (c).
    (e) To fail to comply immediately with enforcement and boarding 
procedures specified in Sec. 300.155 (d).
    (f) To refuse to allow an authorized officer of the Russian 
Federation to board and inspect a vessel subject to this subpart for 
purposes of conducting any search, inspection, arrest, or seizure in 
connection with the enforcement of the relevant laws and regulations of 
the Russian Federation.
    (g) To assault, resist, oppose, impede, intimidate, threaten, or 
interfere with, in any manner, any authorized officer of the Russian 
Federation in the conduct of any search, inspection, seizure, or arrest 
in connection with enforcement of the relevant laws and regulations of 
the Russian Federation.
    (h) To fail to pay fines or penalties or comply with forfeitures 
imposed for a violation of the relevant laws and regulations of the 
Russian Federation.
    (i) To refuse or fail to allow a Russian observer to board a vessel 
subject to this subpart while fishing in the Russian EZ, or for Russian 
fishery resources.
    (j) To fail to provide to a Russian observer aboard a vessel fishing 
in the

[[Page 1095]]

Russian EZ or for Russian fishery resources, the courtesies and 
accommodations provided to ship's officers.
    (k) To assault, resist, oppose, impede, intimidate, threaten, 
interfere with, harass, or fail to cooperate, in any manner, with a 
Russian observer placed aboard a vessel subject to this subpart.
    (l) To fail to reimburse the Russian Federation for the costs 
incurred in the utilization of Russian observers placed aboard such 
vessel.
    (m) To possess, have custody or control of, ship, transport, offer 
for sale, sell, purchase, transship, import, export, or traffic in any 
manner, any fish or parts thereof taken or retained, landed, purchased, 
sold, traded, acquired, or possessed, in any manner, in violation of the 
relevant laws and regulations of the Russian Federation, the Magnuson-
Stevens Act, or this subpart.
    (n) To enter the Russian EZ to fish unless a permit application has 
been submitted through NMFS to the competent authorities of the Russian 
Federation by the U.S. Department of State for such vessel as provided 
in this subpart.
    (o) To fish for Russian fisheries or to possess fish taken in 
Russian fisheries on board a vessel subject to this subpart without a 
valid permit or other valid form of authorization issued by the 
competent authorities of the Russian Federation on board the vessel.
    (p) To falsify, or fail to report to NMFS, any change in the 
information contained in a permit application subject to this subpart 
within 7 calendar days of such change.
    (q) To attempt to do, cause to be done, or aid and abet in doing, 
any of the foregoing.
    (r) To violate any other provision of this subpart.



Sec. 300.157  Penalties.

    In addition to any fine, penalty, or forfeiture imposed by the 
Russian Federation, nationals and vessels of the United States violating 
the prohibitions of Sec. 300.156 are subject to the fines, penalties, 
and forfeitures and the adjudicative procedures provided in the 
Magnuson-Stevens Act, 16 U.S.C. 1858, 1860, 1861, and any other 
applicable laws and regulations of the United States.



        Subpart K_Transportation and Labeling of Fish or Wildlife

    Authority: 16 U.S.C. 3371-3378.



Sec. 300.160  Requirement for marking of containers or packages.

    Except as otherwise provided in this subpart, all persons are 
prohibited from importing, exporting, or transporting in interstate 
commerce any container or package containing any fish or wildlife 
(including shellfish) unless each container or package is conspicuously 
marked on the outside with both the name and address of the shipper and 
consignee and an accurate list of its contents by species and number of 
each species.



Sec. 300.161  Alternatives and exceptions.

    (a) The requirements of Sec. 300.160 may be met by complying with 
one of the following alternatives to the marking requirement:
    (1)(i) Conspicuously marking the outside of each container or 
package containing fish or wildlife with the word ``fish'' or 
``wildlife'' as appropriate for its contents, or with the common name of 
its contents by species, and
    (ii) Including an invoice, packing list, bill of lading, or similar 
document to accompany the shipment that accurately states the name and 
address of the shipper and consignee, states the total number of 
packages or containers in the shipment, and for each species in the 
shipment specifies: The common name that identifies the species 
(examples include: chinook (or king) salmon; bluefin tuna; and whitetail 
deer); and the number of that species (or other appropriate measure of 
quantity such as gross or net weight). The invoice, packing list, bill 
of lading, or equivalent document must be securely attached to the 
outside of one container or package in the shipment or otherwise 
physically accompany the shipment in a manner that makes it readily 
accessible for inspection; or
    (2) Affixing the shipper's wildlife import/export license number 
preceded by ``FWS'' on the outside of each container or package 
containing fish or

[[Page 1096]]

wildlife if the shipper has a valid wildlife import/export license 
issued under authority of part 14 of this title. For each shipment 
marked in accordance with this paragraph (a)(2), the records maintained 
under Sec. 14.93(d) of this title must include a copy of the invoice, 
packing list, bill of lading, or other similar document that accurately 
states the information required by paragraph (a)(1)(ii) of this section.
    (3) In the case of subcontainers or packages within a larger packing 
container, only the outermost container must be marked in accordance 
with this section, provided, that for live fish or wildlife that are 
packed in subcontainers within a larger packing container, if the 
subcontainers are numbered or labeled, the packing list, invoice, bill 
of lading, or other similar document, must reflect that number or label.
    (4) A conveyance (truck, plane, boat, etc.) is not considered a 
container for purposes of requiring specific marking of the conveyance 
itself, provided that:
    (i) The fish or wildlife within the conveyance is carried loosely or 
is readily identifiable, and is accompanied by the document required by 
paragraph (a)(1)(ii) of this section; or
    (ii) The fish or wildlife is otherwise packaged and marked in 
accordance with this subpart.
    (b) The requirements of Sec. 300.160 of chapter III of this title 
do not apply to containers or packages containing--
    (1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, 
and karakul that have been bred and born in captivity, or their 
products, if a signed statement certifying that the animals were bred 
and born in captivity accompanies the shipping documents;
    (2) Fish or shellfish contained in retail consumer packages labeled 
pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or
    (3) Fish or shellfish that are landed by, and offloaded from, a 
fishing vessel (whether or not the catch has been carried by the fishing 
vessel interstate), as long as the fish or shellfish remain at the place 
where first offloaded.



                Subpart L_Pacific Albacore Tuna Fisheries

    Authority: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C. 1821 
note).

    Source: 69 FR 31535, June 4, 2004, unless otherwise noted.



Sec. 300.170  Purpose and scope.

    The regulations in this subpart govern fishing by U.S. vessels in 
waters under the fisheries jurisdiction of Canada pursuant to the 1981 
Treaty Between the Government of the United States of America and the 
Government of Canada on Pacific Coast Albacore Tuna Vessels and Port 
Privileges as amended in 2002. Regulations governing fishing by Canadian 
vessels in waters under the fisheries jurisdiction of the United States 
pursuant to this Treaty as amended in 2002 are found at Sec. 600.530 of 
chapter VI of this title.



Sec. 300.171  Definitions.

    In addition to the definitions in the Magnuson-Stevens Fishery 
Conservation and Management Act and Sec. 600.10 of Chapter VI of this 
title, the terms used in this subpart have the following meanings:
    Fishing under the Treaty as amended in 2002 means to engage in 
fishing for albacore tuna in waters under the fisheries jurisdiction of 
Canada seaward of 12 nautical miles from the baseline from which the 
territorial sea is measured.
    Regional Administrator means the Regional Administrator, Southwest 
Region, NMFS, 501 W. Ocean Boulevard, Suite 4200, Long Beach, CA 90802-
4213, or a designee.
    Reporting Office means the office designated by the Regional 
Administrator to take hail-in and hail-out reports from U.S. and 
Canadian vessel operators.
    Treaty means the 1981 Treaty Between the Government of the United 
States of America and the Government of Canada on Pacific Coast Albacore 
Tuna Vessels and Port Privileges as amended in 2002.



Sec. 300.172  Vessel list.

    The ``vessel list'' is the list of U.S. vessels that are authorized 
to fish

[[Page 1097]]

under the Treaty as amended in 2002. Only a vessel on the list for at 
least 7 days may engage in fishing in Canadian waters under the Treaty 
as amended in 2002. The owner of any U.S. vessel that wishes to be 
eligible to fish for albacore tuna under the Treaty as amended in 2002 
must provide the Regional Administrator or his designee with the vessel 
name, the owner's name and address, phone number where the owner can be 
reached, the USCG documentation number (or state registration number if 
not documented), and vessel operator (if different from the owner) and 
his or her address and phone number. On the date that NMFS receives a 
request that includes all the required information, NMFS will place the 
vessel on the annual vessel list. NMFS will notify fishermen by a 
confirmation letter or email of the date the vessel was placed on the 
list. Because the vessel list will revert to zero vessels on December 31 
of each year, the required information must be provided in the manner 
specified on an annual basis.

[72 FR 19123, Apr. 17, 2007]



Sec. 300.173  Vessel identification.

    A U.S. vessel fishing under the Treaty as amended in 2002 must be 
marked with its name and vessel identification prominently displayed 
where they will be clearly visible both from the air and from a surface 
vessel. Vessel identification means the U.S. Coast Guard Documentation 
number (or if not documented, the state registration number) followed by 
the letter U in the same height and size as the numerals. Numerals and 
the letter U must meet the size requirements of Sec. 660.704 of chapter 
VI of this title.



Sec. 300.174  Logbook reports.

    The owner of any U.S. vessel that fishes for albacore tuna in 
Canadian waters under the Treaty as amended in 2002 must maintain and 
submit to the Regional Administrator a logbook of catch and effort of 
such fishing. The logbook form will be provided to the vessel owner as 
soon as practicable after the request to be placed on the list of 
vessels. The logbook must be submitted to the Regional Administrator 
within 15 days of the end of a trip, regardless of whether the trip ends 
by reentry to U.S. waters or entry to Canada's territorial sea, other 
Canadian waters in which fishing is not permitted, or a Canadian port. 
If the departure is due to exit to the high seas, the vessel operator 
must submit the logbook within 7 days of its next landing.



Sec. 300.175  Hail-in and hail-out reports.

    (a) The operator of any U.S. vessel that wishes to engage in fishing 
in waters under the fisheries jurisdiction of Canada must file a hail-in 
report to the Reporting Office at least 24 hours prior to engaging in 
fishing in such waters.
    (b) The operator of a U.S. vessel that has been fishing under the 
Treaty as amended in 2002 must file a hail-out report to the Reporting 
Office within 24 hours of departing waters under the fisheries 
jurisdiction of Canada.



Sec. 300.176  Prohibitions.

    It is prohibited for the owner or operator of a U.S. fishing vessel 
to:
    (a) Engage in fishing in waters under the fisheries jurisdiction of 
Canada if:
    (1) The vessel has not been on the list of fisheries pursuant to 
Sec. 300.172 for at least 7 days;
    (2) The vessel is not clearly marked as required under Sec. 
300.173;
    (3) The vessel operator has not filed a hail-in report with the 
Reporting Office as required under Sec. 300.175(a); or
    (4) The Regional Administrator has announced that the U.S. limit on 
fishing under the Treaty as amended in 2002 has been reached.
    (b) Fail to maintain and submit logbook records of catch and effort 
statistics as required under Sec. 300.174;
    (c) Fail to report an exit from waters under the fisheries 
jurisdiction of Canada as required by Sec. 300.175(b).



 Subpart M_International Trade Documentation and Tracking Programs for 
                        Highly Migratory Species

    Authority: 16 U.S.C. 951-961 and 971 et seq.; 16 U.S.C. 1801 et seq.

    Source: 69 FR 67277, Nov. 17, 2004, unless otherwise noted.

[[Page 1098]]



Sec. 300.180  Purpose and scope.

    The regulations in this subpart are issued under the authority of 
the Atlantic Tunas Convention Act of 1975 (ATCA), Tuna Conventions Act 
of 1950, and Magnuson-Stevens Act. The regulations implement the 
recommendations of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) for the conservation and management of tuna and 
tuna-like species in the Atlantic Ocean and of the Inter-American 
Tropical Tuna Commission (IATTC) for the conservation and management of 
highly migratory fish resources in the Eastern Tropical Pacific Ocean, 
so far as they affect vessels and persons subject to the jurisdiction of 
the United States.



Sec. 300.181  Definitions.

    Atlantic bluefin tuna means the species Thunnus thynnus found in the 
Atlantic Ocean.
    BCD tag means a numbered tag affixed to a bluefin tuna issued by any 
country in conjunction with a catch statistics information program and 
recorded on a BCD.
    Bigeye tuna means the species Thunnus obesus found in any ocean 
area.
    Bluefin Tuna Catch Document (BCD) means a bluefin tuna catch 
document issued by a nation implementing the ICCAT bluefin tuna catch 
documentation program.
    BSD tag means a numbered tag affixed to a bluefin tuna issued by any 
country in conjunction with a catch statistics information program and 
recorded on a bluefin tuna statistical document (BSD).
    CBP means the U.S. Customs and Border Protection.
    CCSBT means the Commission for the Conservation of Southern Bluefin 
Tuna established pursuant to the Convention for the Conservation of 
Southern Bluefin Tuna.
    Consignment document means either an ICCAT Atlantic BCD or a catch 
document issued by a nation to comply with the ICCAT BCD program; or an 
ICCAT, IATTC, IOTC, or CCSBT statistical document or a statistical 
document issued by a nation to comply with such statistical document 
programs.
    Consignment documentation programs means the ICCAT, IOTC, IATTC or 
CCSBT catch document or statistical document programs.
    Customs territory of the United States has the same meaning as in 19 
CFR 101.1 and includes only the States, the District of Columbia, and 
Puerto Rico.
    Dealer tag means the numbered, flexible, self-locking ribbon issued 
by NMFS for the identification of Atlantic bluefin tuna sold to a dealer 
permitted under Sec. 635.4 of this title as required under Sec. 
635.5(b) of this title.
    Entered for consumption has the same meaning as in 19 CFR 141.0a(f) 
and generally refers to the filing of an entry summary for consumption 
with customs authorities, in proper form, with estimated duties 
attached.
    Entry for consumption, for purposes of this subpart, has the same 
meaning as entry for consumption, withdrawal from warehouse for 
consumption, or entry for consumption of merchandise from a foreign 
trade zone, as provided under 19 CFR parts 101.1, 141, 144, and 146. For 
purposes of this subpart, ``entry for consumption'' generally means an 
import into the Customs territory of the United States or the separate 
customs territory of a U.S. insular possession, for domestic use, that 
is classified for customs purposes in the ``consumption'' category 
(entry type codes 00-08) or withdrawal from warehouse or foreign trade 
zone for consumption category (entry type codes 30-34 and 38). For 
purposes of this subpart, HMS destined from one foreign country to 
another, which transits the Customs territory of the United States or 
the separate customs territory of a U.S. insular possession, and is not 
classified as an entry for consumption upon release from CBP or other 
customs custody, is not an entry for consumption under this definition.
    Entry number, for purposes of this subpart, means the unique number/
identifier assigned by customs authorities for each entry into a customs 
territory. For CBP, the entry number is assigned at the time of filing 
an entry summary (CBP Form 7501 or equivalent electronic filing) for 
entries into the Customs territory of the United States.
    Export, for purposes of this subpart, means to effect exportation.

[[Page 1099]]

    Exportation has the same general meaning as 19 CFR 101.1 and 
generally refers to a severance of goods from the mass of things 
belonging to one country with the intention of uniting them to the mass 
of things belonging to some foreign country. For purposes of this 
subpart, a shipment between the United States and its insular 
possessions is not an export.
    Exporter, for purposes of this subpart, is the principal party in 
interest, meaning the party that receives the primary benefit, monetary 
or otherwise, of the export transaction. For exports from the United 
States, the exporter is the U.S. principal party in interest, as 
identified in Part 30 of title 15 of the CFR. An exporter is subject to 
the requirements of this subpart, even if exports are exempt from 
statistical reporting requirements under Part 30 of title 15 of the CFR.
    Finlet means one of the small individual fins on a tuna located 
behind the second dorsal and anal fins and forward of the tail fin.
    Fish or fish products regulated under this subpart means bluefin 
tuna, frozen bigeye tuna, southern bluefin tuna and swordfish and all 
such products of these species, except parts other than meat (e.g., 
heads, eyes, roe, guts, and tails), and shark fins.
    IATTC means the Inter-American Tropical Tuna Commission, established 
pursuant to the Convention for the Establishment of an Inter-American 
Tropical Tuna Commission.
    ICCAT means the International Commission for the Conservation of 
Atlantic Tunas established pursuant to the International Convention for 
the Conservation of Atlantic Tunas.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into, any place subject to the 
jurisdiction of the United States, whether or not such landing, bringing 
or introduction constitutes an importation within the meaning of the 
customs laws of the United States. Import, for purposes of this subpart, 
does not include any activity described in the previous sentence with 
respect to fish caught in the exclusive economic zone or by a vessel of 
the United States. For purposes of this subpart, goods brought into the 
United States from a U.S. insular possession, or vice-versa, are not 
considered imports.
    Importer, for purposes of this subpart, means the principal party 
responsible for the import of product into a country. For imports into 
the United States, and for purposes of this subpart, ``importer'' means 
the consignee as identified on entry documentation or any authorized, 
equivalent electronic medium required for release of shipments from the 
customs authority of the United States or the separate customs territory 
of a U.S. insular possession. If a consignee is not declared, then the 
importer of record is considered to be the consignee.
    Insular possession of the United States or U.S. insular possession, 
for purposes of this subpart, means the Commonwealth of the Northern 
Mariana Islands, Guam, American Samoa, and other possessions listed 
under 19 CFR 7.2, that are outside the customs territory of the United 
States.
    Intermediate country means a country that exports to another country 
HMS previously imported as an entry for consumption by that nation. A 
shipment of HMS through a country on a through bill of lading, or in 
another manner that does not enter the shipment into that country as an 
entry for consumption, does not make that country an intermediate 
country under this definition.
    IOTC means the Indian Ocean Tuna Commission established pursuant to 
the Agreement for the Establishment of the Indian Ocean Tuna Commission 
approved by the Food and Agriculture Organization (FAO) Council of the 
United Nations.
    Pacific bluefin tuna means the species Thunnus orientalis found in 
the Pacific Ocean.
    Permit holder, for purposes of this subpart, means, unless otherwise 
specified, a person who obtains a trade permit under Sec. 300.182.
    Re-export, for purposes of this subpart, means the export of goods 
that were previously entered for consumption into the customs territory 
of a country.
    RFMO, as defined under this subpart, means regional fishery 
management

[[Page 1100]]

organization, including CCSBT, IATTC, ICCAT, or IOTC.
    Separate customs territory of a U.S. insular possession means the 
customs territory of a U.S. insular possession when that possession's 
customs territory is not a part of the Customs territory of the United 
States.
    Shark fin, for purposes of this subpart, means any fin removed from 
a shark, which is an animal of the Linnaean taxonomic superorder 
Selachimorpha, subclass Elasmobranchii, class Chondrichthyes.
    Southern bluefin tuna means the species Thunnus maccoyii found in 
any ocean area.
    Statistical document means an ICCAT, IATTC, IOTC, or CCSBT 
statistical document, or a statistical document issued by a nation to 
comply with such statistical document programs.
    Statistical document program means either the ICCAT, IOTC, IATTC or 
CCSBT statistical document program.
    Swordfish means the species Xiphias gladius that is found in any 
ocean area.
    Tag means either a dealer tag or a BCD tag.
    Trade permit means the HMS international trade permit under Sec. 
300.182.

[61 FR 35550, July 5, 1996, as amended at 73 FR 31385, June 2, 2008]



Sec. 300.182  HMS international trade permit.

    (a) General. An importer, entering for consumption fish or fish 
products regulated under this subpart from any ocean area into the 
United States, or an exporter exporting or re-exporting such product, 
must possess a valid trade permit issued under this section. Importation 
of fish or fish products regulated under this subpart by nonresident 
corporations is restricted to those entities authorized under 19 CFR 
141.18. A resident agent or resident corporate surety provider, as 
specified under 19 CFR 141.18, must possess a valid trade permit when 
acting on behalf of a nonresident corporation when entering for 
consumption, exporting, or re-exporting fish or fish products regulated 
under this subpart from any ocean area.
    (b) Application. A person must apply for a permit in writing on an 
appropriate form obtained from NMFS. The application must be completed, 
signed by the applicant, and submitted with required supporting 
documents, at least 30 days before the date on which the applicant wants 
to have the permit made effective. Application forms and instructions 
for their completion are available from NMFS.
    (c) Issuance. NMFS will notify the applicant of any deficiency in 
the application, including failure to provide information or reports 
required under this subpart. If the applicant fails to correct the 
deficiency within 30 days following the date of notification, the 
application will be considered abandoned.
    (d) Duration. Any permit issued under this section is valid for the 
period specified on it, unless suspended or revoked.
    (e) Alteration. Any permit that is substantially altered, erased, or 
mutilated is invalid.
    (f) Replacement. NMFS may issue replacement permits. An application 
for a replacement permit is not considered a new application. An 
appropriate fee, consistent with paragraph (j) of this section, may be 
charged for issuance of a replacement permit.
    (g) Transfer. A permit issued under this section is not transferable 
or assignable; it is valid only for the permit holder to whom it is 
issued.
    (h) Inspection. The permit holder must keep the permit issued under 
this section at his/her principal place of business. The permit must be 
displayed for inspection upon request of any authorized officer, or any 
employee of NMFS designated by NMFS for such purpose.
    (i) Sanctions. The Assistant Administrator may suspend, revoke, 
modify, or deny a permit issued or sought under this section. Procedures 
governing permit sanctions and denials are found at subpart D of 15 CFR 
part 904.
    (j) Fees. NMFS may charge a fee to recover the administrative 
expenses of permit issuance. The amount of the fee is calculated, at 
least annually, in accordance with the procedures of the NOAA Finance 
Handbook, available from NMFS, for determining administrative costs of 
each special product or service. The fee may not exceed such

[[Page 1101]]

costs and is specified on each application form. The appropriate fee 
must accompany each application. Failure to pay the fee will preclude 
issuance of the permit. Payment by a commercial instrument later 
determined to be insufficiently funded shall invalidate any permit.
    (k) Change in application information. Within 30 days after any 
change in the information contained in an application submitted under 
this section, the permit holder must report the change to NMFS in 
writing. If a change in permit information is not reported within 30 
days, the permit is void as of the 31\st\ day after such change.
    (l) Renewal. Persons must apply annually for a trade permit issued 
under this section. A renewal application must be submitted to NMFS, at 
an address designated by NMFS, at least 30 days before the permit 
expiration date to avoid a lapse of permitted status. NMFS will renew a 
permit provided that: the application for the requested permit is 
complete; all reports required under the Magnuson-Stevens Act, ATCA, and 
the Tuna Conventions Act of 1950 have been submitted, including those 
required under Sec. Sec. 300.183, 300.185, 300.186, and 300.187 and 
Sec. 635.5 of this title; and the applicant is not subject to a permit 
sanction or denial under paragraph (i) of this section.

[69 FR 67277, Nov. 17, 2004, as amended at 71 FR 58163, Oct. 2, 2006; 73 
FR 31385, June 2, 2008]



Sec. 300.183  Permit holder reporting and recordkeeping requirements.

    (a) Biweekly reports. Any person required to obtain a trade permit 
under Sec. 300.182 must submit to NMFS, on forms supplied by NMFS, a 
biweekly report of entries for consumption, exports and re-exports of 
fish and fish products regulated under this subpart except shark fins.
    (1) The report required to be submitted under this paragraph (a) 
must be received within 10 days after the end of each biweekly reporting 
period in which fish or fish products regulated under this subpart 
except shark fins were entered for consumption, exported, or re-
exported. The bi-weekly reporting periods are the first day to the 
15\th\ day of each month, and the 16\th\ day to the last day of each 
month.
    (2) Each report must specify accurately and completely the requested 
information for each consignment of fish or fish products regulated 
under this subpart, except shark fins, that is entered for consumption, 
exported, or re-exported.
    (3) A biweekly report is not required for export consignments of 
bluefin tuna when the information required on the biweekly report has 
been previously supplied on a biweekly report submitted under Sec. 
635.5(b)(2)(i)(B) of this title, provided the person required to obtain 
a trade permit under Sec. 300.182 retains, at his/her principal place 
of business for a period of 2 years from the date on which each report 
was submitted to NMFS, a copy of the biweekly report which includes the 
required information and is submitted under Sec. 635.5(b)(2)(i)(B) of 
this title.
    (b) Recordkeeping. Any person required to obtain a trade permit 
under Sec. 300.182 must retain, at his/her principal place of business, 
a copy of each biweekly report and all supporting records for a period 
of 2 years from the date on which each report was submitted to NMFS.
    (c) Other requirements and recordkeeping requirements. Any person 
required to obtain a trade permit under Sec. 300.182 is also subject to 
the reporting and recordkeeping requirements identified in Sec. 
300.185.
    (d) Inspection. Any person authorized to carry out the enforcement 
activities under the regulations in this subpart (authorized person) has 
the authority, without warrant or other process, to inspect, at any 
reasonable time: fish or fish products regulated under this subpart, 
biweekly reports, statistical documents, catch documents, re-export 
certificates, relevant sales receipts, import and export documentation, 
and any other records or reports made, retained, or submitted pursuant 
to this subpart. A permit holder must allow NMFS or an authorized person 
to inspect and copy, for any fish or fish products regulated under this 
subpart, any import and export documentation and any reports required 
under this subpart, and the records, in any form, on which the completed 
reports are

[[Page 1102]]

based, wherever they exist. Any agent of a person issued a trade permit 
under this part, or anyone responsible for importing, exporting, 
storing, packing, or selling fish or fish products regulated under this 
subpart, shall be subject to the inspection provisions of this section.
    (e) Applicability of reporting and recordkeeping requirements. 
Reporting and recordkeeping requirements in this subpart apply to any 
person engaging in activities that require a trade permit, as set forth 
in Sec. 300.182(a), regardless of whether a trade permit has been 
issued to that person.

[73 FR 31385, June 2, 2008]



Sec. 300.184  Species subject to permitting, documentation, reporting,
and recordkeeping requirements.

    The following fish or fish products are subject to the requirements 
of this subpart, regardless of ocean area of catch.
    (a) Bluefin tuna. (1) The requirements of this subpart apply to 
bluefin tuna products including those identified by the following 
subheading numbers from the Harmonized Tariff Schedule of the United 
States (HTS):
    (i) Fresh or chilled bluefin tuna (No. 0302.35.00.00) excluding 
fillets and other fish meat of HTS heading 0304.
    (ii) Frozen bluefin tuna (No. 0303.45.00.00), excluding fillets and 
other fish meat of HTS heading 0304.
    (2) In addition, bluefin tuna products in other forms (e.g., chunks, 
fillets, and products in airtight containers) that may be classified 
under any other HTS heading/subheading numbers are subject to the 
documentation requirements of this subpart, except that fish parts other 
than meat (e.g., heads, eyes, roe, guts, and tails) may be imported 
without said documentation.
    (b) Southern bluefin tuna. (1) The requirements of this subpart 
apply to southern bluefin tuna products including those identified by 
the following subheading numbers from the HTS:
    (i) Fresh or chilled southern bluefin tuna (No. 0302.36.00.00), 
excluding fillets and other fish meat of HTS heading 0304.
    (ii) Frozen southern bluefin tuna (No. 0303.46.00.00), excluding 
fillets and other fish meat of HTS heading 0304.
    (2) In addition, southern bluefin tuna products in other forms 
(e.g., chunks, fillets, products in airtight containers) that may be 
classified under any other HTS heading/subheading numbers are subject to 
the documentation requirements of this subpart, except that fish parts 
other than meat (e.g., heads, eyes, roe, guts, and tails) may be 
imported without said documentation.
    (c) Bigeye tuna. (1) The requirements of this subpart apply to 
frozen bigeye tuna products including those identified by the following 
subheading numbers from the HTS:
    (i) Frozen bigeye tuna (No. 0303.44.00.00), excluding fillets and 
other fish meat of HTS heading 0304.
    (ii) [Reserved]
    (2) In addition, frozen bigeye tuna products in other forms (e.g., 
chunks and fillets) that may be classified under any other HTS heading/
subheading numbers are subject to the documentation requirements of this 
subpart, except that frozen fish parts other than meat (e.g., heads, 
eyes, roe, guts, and tails), may be imported without said documentation.
    (3) Bigeye tuna caught by purse seiners and pole and line (bait) 
vessels and destined for canneries within the United States, including 
all U.S. commonwealths, territories, and possessions, may be imported 
without the documentation required under this subpart.
    (d) Swordfish. (1) The requirements of this subpart apply to 
swordfish products including those identified by the following 
subheading numbers from the HTS:
    (i) Fresh or chilled swordfish, steaks (No. 0302.67.00.10).
    (ii) Fresh or chilled swordfish (No. 0302.67.00.90), excluding fish 
fillets, steaks, and other fish meat of HTS heading 0304.
    (iii) Frozen swordfish, steaks (No. 0303.61.00.10).
    (iv) Frozen swordfish (No. 0303.61.00.90), excluding fillets, steaks 
and other fish meat of HTS heading 0304.
    (v) Fresh, or chilled swordfish, fillets and other fish meat (No. 
0304.11.00.00).
    (vi) Frozen swordfish, fillets (No. 0304.21.00.00).

[[Page 1103]]

    (vii) Swordfish in bulk or in immediate containers weighing with 
their contents over 6.8 kg each (No. 0304.91.10.00).
    (viii) Swordfish, other (No. 0304.91.90.00).
    (2) In addition, swordfish products in other forms (e.g., chunks, 
fillets, and products in airtight containers) that may be classified 
under any other HTS heading/subheading numbers, are subject to the 
documentation requirements of this subpart, except that fish parts other 
than meat (e.g., heads, eyes, roe, guts, tails) may be allowed entry 
without said statistical documentation.
    (e) Shark fin. The permitting requirements of this subpart apply to 
shark fin products including those identified by the following 
subheading number from HTS: No. 0305.59.20.00.

[61 FR 35550, July 5, 1996, as amended at 73 FR 31386, June 2, 2008]



Sec. 300.185  Documentation, reporting and recordkeeping requirements
for consignment documents and re-export certificates.

    (a) Imports--(1) Applicability of requirements. The documentation 
requirements in paragraph (a)(2) of this section apply to all imports of 
fish or fish products regulated under this subpart, into the Customs 
territory of the United States, except shark fins, or except when 
entered as a product of an American fishery landed overseas (HTS heading 
9815). For insular possessions with customs territories separate from 
the Customs territory of the United States, documentation requirements 
in paragraph (a)(2) of this section apply only to entries for 
consumption. The reporting requirements of paragraph (a)(3) of this 
section do not apply to fish products destined from one foreign country 
to another which transit the United States or a U.S. insular possession 
and are designated as an entry type other than entry for consumption as 
defined in Sec. 300.181.
    (2) Documentation requirements. (i) All fish or fish products except 
for shark fins, regulated under this subpart, imported into the Customs 
territory of the United States or entered for consumption into a 
separate customs territory of a U.S. insular possession, must, at the 
time of presenting entry documentation for clearance by customs 
authorities (e.g., CBP Forms 7533 or 3461 or other documentation 
required by the port director) be accompanied by an original, completed, 
approved, validated, species-specific consignment document.
    (ii) Imports of bluefin tuna which were re-exported from another 
nation, must also be accompanied by an original, completed, approved, 
validated, species-specific re-export certificate.
    (iii) Imports of fish or fish products regulated under this subpart, 
other than shark fins, that were previously re-exported and were 
subdivided or consolidated with another consignment before re-export, 
must also be accompanied by an original, completed, approved, validated, 
species-specific re-export certificate.
    (iv) All other imports of fish or fish products regulated under this 
subpart, except shark fins, that have been previously re-exported from 
another nation, should have the intermediate importers certification of 
the original statistical document completed.
    (v) Consignment documents must be validated as specified in Sec. 
300.187 by a responsible government official of the flag country whose 
vessel caught the fish (regardless of where the fish are first landed). 
Re-export certificates must be validated by a responsible government 
official of the re-exporting country.
    (vi) A permit holder may not accept an import without the completed 
consignment document or re-export certificate as described in paragraphs 
(a)(2)(i) through (a)(2)(v) of this section.
    (vii) For fish or fish products, except shark fins, regulated under 
this subpart that are entered for consumption, the permit holder must 
provide correct and complete information, as requested by NMFS, on the 
original consignment document that accompanied the consignment.
    (viii) Bluefin tuna, imported into the Customs territory of the 
United States or entered for consumption into the separate customs 
territory of a U.S. insular possession, from a country requiring a BCD 
tag on all such bluefin

[[Page 1104]]

tuna available for sale, must be accompanied by the appropriate BCD tag 
issued by that country, and said BCD tag must remain on any bluefin tuna 
until it reaches its final destination. If the final import destination 
is the United States, which includes U.S. insular possessions, the BCD 
tag must remain on the bluefin tuna until it is cut into portions. If 
the bluefin tuna portions are subsequently packaged for domestic 
commercial use or re-export, the BCD tag number and the issuing country 
must be written legibly and indelibly on the outside of the package.
    (ix) Customs forms can be obtained by contacting the local CBP port 
office; contact information is available at www.cbp.gov. For a U.S. 
insular possession, contact the local customs office for any forms 
required for entry.
    (3) Reporting requirements. For fish or fish products regulated 
under this subpart, except shark fins, that are entered for consumption 
and whose final destination is within the United States, which includes 
U.S. insular possessions, a permit holder must submit to NMFS the 
original consignment document that accompanied the fish product as 
completed under paragraph (a)(2) of this section, to be received by NMFS 
along with the biweekly report as required under Sec. 300.183(a). A 
copy of the original completed consignment document must be submitted by 
said permit holder, to be received by NMFS, at an address designated by 
NMFS, within 24 hours of the time the fish product was entered for 
consumption into the Customs territory of the United States, or the 
separate customs territory of a U.S. insular possession.
    (b) Exports--(1) Applicability of requirements. The documentation 
and reporting requirements of this paragraph (b) apply to exports of 
fish or fish products regulated under this subpart, except shark fins, 
that were harvested by U.S. vessels and first landed in the United 
States, or harvested by vessels of a U.S. insular possession and first 
landed in that possession. This paragraph (b) also applies to products 
of American fisheries landed overseas.
    (2) Documentation requirements. A permit holder must complete an 
original, approved, numbered, species-specific consignment document 
issued to that permit holder by NMFS for each export referenced under 
paragraph (b)(1) of this section. Such an individually numbered document 
is not transferable and may be used only once by the permit holder to 
which it was issued to report on a specific export consignment. A permit 
holder must provide on the consignment document the correct information 
and exporter certification. The consignment document must be validated, 
as specified in Sec. 300.187, by NMFS, or another official authorized 
by NMFS. A list of such officials may be obtained by contacting NMFS. A 
permit holder requesting U.S. validation for exports should notify NMFS 
as soon as possible after arrival of the vessel to avoid delays in 
inspection and validation of the export consignment.
    (3) Reporting requirements. A permit holder must ensure that the 
original, approved, consignment document as completed under paragraph 
(b)(2) of this section accompanies the export of such products to their 
export destination. A copy of the consignment document must be received 
by NMFS, at an address designated by NMFS, within 24 hours of the time 
the fish product was exported from the United States or a U.S. insular 
possession.
    (c) Re-exports--(1) Applicability of requirements. The documentation 
and reporting requirements of this paragraph (c) apply to exports of 
fish or fish products regulated under this subpart, except shark fins, 
that were previously entered for consumption into the Customs territory 
of the United States or the separate customs territory of a U.S. insular 
possession, through filing the documentation specified in paragraph (a) 
of this section. The requirements of this paragraph (c) do not apply to 
fish or fish products destined from one foreign country to another which 
transit the United States or a U.S. insular possession and which are 
designated as an entry type other than entry for consumption as defined 
in Sec. 300.181.
    (2) Documentation requirements. (i) If a permit holder re-exports a 
consignment of bluefin tuna, or subdivides or consolidates a consignment 
of fish or fish products regulated under this subpart,

[[Page 1105]]

other than shark fins, that was previously entered for consumption as 
described in paragraph (c)(1) of this section, the permit holder must 
complete an original, approved, individually numbered, species-specific 
re-export certificate issued to that permit holder by NMFS for each such 
re-export consignment. Such an individually numbered document is not 
transferable and may be used only once by the permit holder to which it 
was issued to report on a specific re-export consignment. A permit 
holder must provide on the re-export certificate the correct information 
and re-exporter certification. The permit holder must also attach the 
original consignment document that accompanied the import consignment or 
a copy of that document, and must note on the top of both the 
consignment documents and the re-export certificates the entry number 
assigned by CBP authorities at the time of filing the entry summary.
    (ii) If a consignment of fish or fish products regulated under this 
subpart, except bluefin tuna or shark fins, that was previously entered 
for consumption as described in paragraph (c)(1) of this section is not 
subdivided into sub-consignments or consolidated, for each re-export 
consignment, a permit holder must complete the intermediate importer's 
certification on the original statistical document and note the entry 
number on the top of the statistical document. Such re-exports do not 
need a re-export certificate and the re-export does not require 
validation.
    (iii) Re-export certificates must be validated, as specified in 
Sec. 300.187, by NMFS or another official authorized by NMFS. A list of 
such officials may be obtained by contacting NMFS. A permit holder 
requesting validation for re-exports should notify NMFS as soon as 
possible to avoid delays in inspection and validation of the re-export 
shipment.
    (3) Reporting requirements. For each re-export, a permit holder must 
submit the original of the completed re-export certificate (if 
applicable) and the original or a copy of the original consignment 
document completed as specified under paragraph (c)(2) of this section, 
to accompany the consignment of such products to their re-export 
destination. A copy of the completed consignment document and re-export 
certificate (if applicable) must be submitted to NMFS, at an address 
designated by NMFS, and received by NMFS within 24 hours of the time the 
consignment was re-exported from the United States. For re-exports of 
untagged Atlantic bluefin tuna, the permit holder must email, fax, or 
mail a copy of the completed consignment document and re-export 
certificate to the ICCAT Secretariat and the importing nation, at 
addresses designated by NMFS, to be received by the ICCAT Secretariat 
and the importing nation, within five days of export.
    (d) Document completion. To be deemed complete, a consignment 
document or re-export certificate must be filled out according to the 
corresponding instructions for each document with all requested 
information provided.
    (e) Recordkeeping. A permit holder must retain at his or her 
principal place of business, a copy of each consignment document and re-
export certificate required to be submitted to NMFS pursuant to this 
section, and supporting records for a period of 2 years from the date on 
which it was submitted to NMFS.
    (f) Inspection. Any person responsible for importing, exporting, 
storing, packing, or selling fish or fish products regulated under this 
subpart, including permit holders, consignees, customs brokers, freight 
forwarders, and importers of record, shall be subject to the inspection 
provisions at Sec. 300.183(d).

[69 FR 67277, Nov. 17, 2004, as amended at 71 FR 58163, Oct. 2, 2006; 73 
FR 31386, June 2, 2008; 74 FR 66586, Dec. 16, 2009]



Sec. 300.186  Completed and approved documents.

    (a) NMFS-approved consignment documents and re-export certificates. 
A NMFS-approved consignment document or re-export certificate may be 
obtained from NMFS to accompany exports of fish or fish products 
regulated under this subpart from the Customs territory of the United 
States or the separate customs territory of a U.S. insular possession.
    (b) Nationally approved forms from other countries. A nationally 
approved

[[Page 1106]]

form from another country may be used for exports to the United States 
if that document strictly conforms to the information requirements and 
format of the applicable RFMO documents. An approved consignment 
document or re-export certificate for use in countries without a 
nationally approved form to accompany consignments to the United States 
may be obtained from the following websites, as appropriate: 
www.iccat.org, www.iattc.org, www.ccsbt.org, or www.iotc.org.

[61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008]



Sec. 300.187  Validation requirements.

    (a) Imports. The approved consignment document accompanying any 
import of any fish or fish product regulated under this subpart must be 
validated by a government official from the issuing country, unless NMFS 
waives this requirement pursuant to an applicable RFMO recommendation. 
NMFS will furnish a list of countries for which government validation 
requirements are waived to the appropriate customs officials. Such list 
will indicate the circumstances of exemption for each issuing country 
and the non-government institutions, if any, accredited to validate 
statistical documents and re-export certificates for that country.
    (b) Exports. The approved consignment document accompanying any 
export of fish or fish products regulated under this subpart must be 
validated, except pursuant to a waiver described in paragraph (d) of 
this section. Validation must be made by NMFS or another official 
authorized by NMFS.
    (c) Re-exports. The approved re-export certificate accompanying any 
re-export of fish or fish products regulated under this subpart, as 
required under Sec. 300.185(c), must be validated, except pursuant to a 
waiver described in paragraph (d) of this section. Validation must be 
made by NMFS or another official authorized by NMFS.
    (d) Validation waiver. Any waiver of government validation will be 
consistent with applicable RFMO recommendations concerning validation of 
consignment documents and re-export certificates. If authorized, such 
waiver of government validation may include exemptions from government 
validation for Pacific bluefin tuna with individual BCD tags affixed 
pursuant to paragraph (f) of this section or for Atlantic bluefin tuna 
with tags affixed pursuant to Sec. 635.5(b) of this title. Waivers will 
be specified on consignment documents and re-export certificates or 
accompanying instructions, or in a letter to permit holders from NMFS.
    (e) Authorization for non-NMFS validation. An official from an 
organization or government agency seeking authorization to validate 
consignment documents or re-export certificates accompanying exports or 
re-exports from the United States, which includes U.S. commonwealths, 
territories, and possessions, must apply in writing, to NMFS, at an 
address designated by NMFS for such authorization. The application must 
indicate the procedures to be used for verification of information to be 
validated; list the names, addresses, and telephone/fax numbers of 
individuals to perform validation; procedures to be used to notify NMFS 
of validations; and an example of the stamp or seal to be applied to the 
consignment document or re-export certificate. NMFS, upon finding the 
applicant capable of verifying the information required on the 
consignment document or re-export certificate, will issue, within 30 
days, a letter specifying the duration of effectiveness and conditions 
of authority to validate consignment documents or re-export certificates 
accompanying exports or re-exports from the United States. The effective 
date of such authorization will be delayed as necessary for NMFS to 
notify the appropriate RFMO of other officials authorized to validate 
consignment document or re-export certificates. Non-government 
organizations given authorization to validate consignment documents or 
re-export certificates must renew such authorization on a yearly basis.
    (f) BCD tags--(1) Issuance. NMFS will issue numbered BCD tags for 
use on Pacific bluefin tuna upon request to each permit holder.
    (2) Transfer. BCD tags issued under this section are not 
transferable and are usable only by the permit holder to whom they are 
issued.

[[Page 1107]]

    (3) Affixing BCD tags. At the discretion of permit holders, a tag 
issued under this section may be affixed to each Pacific bluefin tuna 
purchased or received by the permit holder. If so tagged, the tag must 
be affixed to the tuna between the fifth dorsal finlet and the keel.
    (4) Removal of tags. A tag, as defined in this subpart and affixed 
to any bluefin tuna, must remain on the tuna until it is cut into 
portions. If the bluefin tuna or bluefin tuna parts are subsequently 
packaged for transport for domestic commercial use or for export, the 
number of each dealer tag or BCD tag must be written legibly and 
indelibly on the outside of any package containing the bluefin tuna or 
bluefin tuna parts. Such tag number also must be recorded on any 
document accompanying the consignment of bluefin tuna or bluefin tuna 
parts for commercial use or export.
    (5) Labeling. The number of a BCD tag affixed to each Pacific 
bluefin tuna under this section must be recorded on NMFS reports 
required by Sec. 300.183, on any documents accompanying the consignment 
of Pacific bluefin tuna for domestic commercial use or export as 
indicated in Sec. 300.185, and on any additional documents that 
accompany the consignment (e.g., bill of lading, customs manifest, etc.) 
of the tuna for commercial use or for export.
    (6) Reuse. BCD tags issued under this section are separately 
numbered and may be used only once, one tag per Pacific bluefin tuna, to 
distinguish the purchase of one Pacific bluefin tuna. Once affixed to a 
tuna or recorded on any package, container or report, a BCD tag and 
associated number may not be reused.

[61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008]



Sec. 300.188  Ports of entry.

    NMFS shall monitor the importation of fish or fish products 
regulated under this subpart into the United States. If NMFS determines 
that the diversity of handling practices at certain ports at which fish 
or fish products regulated under this subpart are being imported into 
the United States allows for circumvention of the consignment document 
requirement, NMFS may undertake a rulemaking to designate, after 
consultation with the CBP, those ports at which fish or fish products 
regulated under this subpart from any ocean area may be imported into 
the United States.

[73 FR 31388, June 2, 2008]



Sec. 300.189  Prohibitions.

    In addition to the prohibitions specified in Sec. 300.4, and 
Sec. Sec. 600.725 and 635.71 of this title, it is unlawful for any 
person subject to the jurisdiction of the United States to violate any 
provision of this part, the Atlantic Tunas Convention Act, the Magnuson-
Stevens Act, the Tuna Conventions Act of 1950, or any other rules 
promulgated under those Acts. It is unlawful for any person or vessel 
subject to the jurisdiction of the United States to:
    (a) Falsify information required on an application for a permit 
submitted under Sec. 300.182.
    (b) Import as an entry for consumption, purchase, receive for 
export, export, or re-export any fish or fish product regulated under 
this subpart without a valid trade permit issued under Sec. 300.182.
    (c) Fail to possess, and make available for inspection, a trade 
permit at the permit holder's place of business, or alter any such 
permit as specified in Sec. 300.182.
    (d) Falsify or fail to record, report, or maintain information 
required to be recorded, reported, or maintained, as specified in Sec. 
300.183 or Sec. 300.185.
    (e) Fail to allow an authorized agent of NMFS to inspect and copy 
reports and records, as specified in Sec. 300.183 or Sec. 300.185.
    (f) Fail to comply with the documentation requirements as specified 
in Sec. 300.185, Sec. 300.186 or Sec. 300.187, for fish or fish 
products regulated under this subpart that are imported, entered for 
consumption, exported, or re-exported.
    (g) Fail to comply with the documentation requirements as specified 
in Sec. 300.186, for the importation, entry for consumption, 
exportation, or re-exportation of an Atlantic swordfish, or part 
thereof, that is less than the minimum size.
    (h) Validate consignment documents or re-export certificates without 
authorization as specified in Sec. 300.187.

[[Page 1108]]

    (i) Validate consignment documents or re-export certificates as 
provided for in Sec. 300.187 with false information.
    (j) Remove any NMFS-issued numbered tag affixed to any Pacific 
bluefin tuna or any tag affixed to a bluefin tuna imported from a 
country with a BCD tag program before removal is allowed under Sec. 
300.187; fail to write the tag number on the shipping package or 
container as specified in Sec. 300.187; or reuse any NMFS-issued 
numbered tag affixed to any Pacific bluefin tuna, or any tag affixed to 
a bluefin tuna imported from a country with a BCD tag program, or any 
tag number previously written on a shipping package or container as 
prescribed by Sec. 300.187.
    (k) Import, or attempt to import, any fish or fish product regulated 
under this subpart in a manner inconsistent with any ports of entry 
designated by NMFS as authorized by Sec. 300.188.
    (l) Ship, transport, purchase, sell, offer for sale, import, enter 
for consumption, export, re-export, or have in custody, possession, or 
control any fish or fish product regulated under this subpart that was 
imported, entered for consumption, exported, or re-exported contrary to 
this subpart.
    (m) Fail to provide a validated consignment document for imports at 
time of entry into the Customs territory of the United States of fish or 
fish products regulated under this subpart except shark fins, regardless 
of whether the importer, exporter, or re-exporter holds a valid trade 
permit issued pursuant to Sec. 300.182 or whether the fish products are 
imported as an entry for consumption.
    (n) Import or accept an imported consignment of fish or fish 
products regulated under this subpart, except shark fins, without an 
original, completed, approved, validated, species-specific consignment 
document and re-export certificate (if applicable) with the required 
information and exporter's certification completed.

[61 FR 35550, July 5, 1996, as amended at 73 FR 31388, June 2, 2008]



          Subpart N_Identification and Certification of Nations

    Authority: 16 U.S.C. 1826d et seq.

    Source: 76 FR 2024, Jan. 12, 2011, unless otherwise noted.



Sec. 300.200  Purpose and scope.

    The purpose of this subpart is to implement the requirements in the 
High Seas Driftnet Fishing Moratorium Protection Act (``Moratorium 
Protection Act'') to identify and certify nations whose vessels are 
engaged in illegal, unreported, or unregulated fishing or whose fishing 
activities result in bycatch of protected living marine resources. This 
language applies to vessels entitled to fly the flag of the nation in 
question. Identified nations that do not receive a positive 
certification may be subject to trade restrictive measures for certain 
fishery products. The Moratorium Protection Act also authorizes 
cooperation and assistance to nations that are taking action to combat 
illegal, unreported, or unregulated fishing or reduce bycatch of 
protected living marine resources.



Sec. 300.201  Definitions.

    For the purposes of the Moratorium Protection Act:
    Bycatch means: the incidental or discarded catch of protected living 
marine resources or entanglement of such resources with fishing gear.
    Fishing vessel means: any vessel, boat, ship, or other craft which 
is used for, equipped to be used for, or of a type which is normally 
used for--
    (1) Fishing; or
    (2) Any activity relating to fishing, including, but not limited to, 
preparation, supply, storage, refrigeration, transportation, or 
processing, bunkering or purchasing catch, or aiding or assisting one or 
more vessels at sea in the performance of such activity.
    Illegal, unreported, or unregulated (IUU) fishing means:
    (1) Fishing activities that violate conservation and management 
measures required under an international fishery management agreement to 
which the United States is a party, including but not limited to catch 
limits or quotas, capacity restrictions, and bycatch reduction 
requirements;
    (2) Overfishing of fish stocks shared by the United States, for 
which there are no applicable international conservation or management 
measures or

[[Page 1109]]

in areas with no applicable international fishery management 
organization or agreement, that has adverse impacts on such stocks; or,
    (3) Fishing activity that has a significant adverse impact on 
seamounts, hydrothermal vents, cold water corals and other vulnerable 
marine ecosystems located beyond any national jurisdiction, for which 
there are no applicable conservation or management measures, including 
those in areas with no applicable international fishery management 
organization or agreement.
    International agreement means: an agreement between two or more 
States, agencies of two or more States, or intergovernmental 
organizations which is legally binding and governed by international 
law.
    International fishery management agreement means: any bilateral or 
multilateral treaty, convention, or agreement for the conservation and 
management of fish.
    International fishery management organization means: an 
international organization established by any bilateral or multilateral 
treaty, convention, or agreement for the conservation and management of 
fish.
    Protected living marine resources (PLMRs) means: non-target fish, 
sea turtles, or marine mammals that are protected under United States 
law or international agreement, including the Marine Mammal Protection 
Act, the Endangered Species Act, the Shark Finning Prohibition Act, and 
the Convention on International Trade in Endangered Species of Wild 
Flora and Fauna; but they do not include species, except sharks, that 
are managed under the Magnuson-Stevens Fishery Conservation and 
Management Act, the Atlantic Tunas Convention Act, or by any 
international fishery management agreement.



Sec. 300.202  Identification and certification of nations engaged in 
illegal, unreported, or unregulated fishing activities.

    (a) Procedures to identify nations whose fishing vessels are engaged 
in IUU fishing. (1) NMFS will identify and list, in a biennial report to 
Congress, nations whose fishing vessels are engaged, or have been 
engaged at any point during the preceding two years, in IUU fishing.
    (2) When determining whether to identify a nation as having fishing 
vessels engaged in IUU fishing, NMFS will take into account all relevant 
matters, including but not limited to the history, nature, 
circumstances, extent, duration, and gravity of the IUU fishing activity 
in question, and any measures that the nation has implemented to address 
the IUU fishing activity. NMFS will also take into account whether an 
international fishery management organization exists with a mandate to 
regulate the fishery in which the IUU activity in question takes place. 
If such an organization exists, NMFS will consider whether the relevant 
international fishery management organization has adopted measures that 
are effective at addressing the IUU fishing activity in question and, if 
the nation whose fishing vessels are engaged, or have been engaged, in 
IUU fishing is a party to, or maintains cooperating status with, the 
organization.
    (b) Notification of nations identified as having fishing vessels 
engaged in IUU fishing. Upon identifying a nation whose vessels have 
been engaged in IUU fishing activities in the biennial report to 
Congress, the Secretary of Commerce will notify the President of such 
identification. Within 60 days after submission of the biennial report 
to Congress, the Secretary of Commerce, acting through or in 
consultation with the Secretary of State, will:
    (1) Notify nations that have been identified in the biennial report 
as having fishing vessels that are currently engaged, or were engaged at 
any point during the preceding two calendar years, in IUU fishing 
activities;
    (2) Notify identified nations of the requirements under the 
Moratorium Protection Act and this subpart; and
    (3) Notify any relevant international fishery management 
organization of actions taken by the United States to identify nations 
whose fishing vessels are engaged in IUU fishing and initiate 
consultations with such nations.
    (c) Consultation with nations identified as having fishing vessels 
engaged in IUU fishing. Within 60 days after submission

[[Page 1110]]

of the biennial report to Congress, the Secretary of Commerce, acting 
through or in cooperation with the Secretary of State, will initiate 
consultations with nations that have been identified in the biennial 
report for the purpose of encouraging such nations to take appropriate 
corrective action with respect to the IUU fishing activities described 
in the biennial report.
    (d) Procedures to certify nations identified as having fishing 
vessels engaged in IUU fishing. Each nation that is identified as having 
fishing vessels engaged in IUU fishing shall receive either a positive 
or a negative certification from the Secretary of Commerce, and this 
certification will be published in the biennial report to Congress. A 
positive certification indicates that a nation has taken appropriate 
corrective action to address the IUU fishing activity described in the 
biennial report. A negative certification indicates that a nation has 
not taken appropriate corrective action.
    (1) The Secretary of Commerce shall issue a positive certification 
to an identified nation upon making a determination that such nation has 
taken appropriate corrective action to address the activities for which 
such nation has been identified in the biennial report to Congress. When 
making such determination, the Secretary shall take into account the 
following:
    (i) Whether the government of the nation identified pursuant to 
paragraph (a) of this section has provided evidence documenting that it 
has taken corrective action to address the IUU fishing activity 
described in the biennial report; or
    (ii) Whether the relevant international fishery management 
organization has adopted and, if applicable, the identified member 
nation has implemented and is enforcing, measures to effectively address 
the IUU fishing activity of the identified nation's fishing vessels 
described in the biennial report.
    (2) Prior to a formal certification determination, nations will be 
provided with preliminary certification determinations and an 
opportunity to support and/or refute the preliminary determinations and 
communicate any corrective actions taken to address the activities for 
which such nations were identified. The Secretary of Commerce shall 
consider any information received during the course of these 
consultations when making the subsequent certification determinations.



Sec. 300.203  Identification and certification of nations engaged in 
bycatch of protected living marine resources.

    (a) Procedures to identify nations whose fishing vessels are engaged 
in PLMR bycatch. (1) NMFS will identify and list, in the biennial report 
to Congress, nations whose fishing vessels are engaged, or have been 
engaged during the preceding calendar year prior to publication of the 
biennial report to Congress, in fishing activities or practices either 
in waters beyond any national jurisdiction that result in bycatch of a 
PLMR, or in waters beyond the U.S. EEZ that result in bycatch of a PLMR 
that is shared by the United States. When determining whether to 
identify nations as having fishing vessels engaged in PLMR bycatch, NMFS 
will take into account all relevant matters including, but not limited 
to, the history, nature, circumstances, extent, duration, and gravity of 
the bycatch activity in question.
    (2) NMFS will also examine whether there is an international 
organization with jurisdiction over the conservation and protection of 
the relevant PLMRs or a relevant international or regional fishery 
organization. If such organization exists, NMFS will examine whether the 
organization has adopted measures to effectively end or reduce bycatch 
of such species; and if the nation whose fishing vessels are engaged, or 
have been engaged during the preceding calendar year prior to 
publication of the biennial report to Congress, in bycatch of PLMRs is a 
party to or maintains cooperating status with the relevant international 
organization.
    (3) NMFS will also examine whether the nation has implemented 
measures designed to end or reduce such bycatch that are comparable in 
effectiveness to U.S. regulatory requirements. In considering whether a 
nation has implemented measures that are comparable in effectiveness to 
those of the United States, NMFS will evaluate if different conditions 
exist that could bear on the

[[Page 1111]]

feasibility and efficiency of such measures to end or reduce bycatch of 
the pertinent PLMRs.
    (b) Notification of nations identified as having fishing vessels 
engaged in PLMR bycatch. Upon identifying a nation whose vessels have 
been engaged in bycatch of PLMRs in the biennial report to Congress, the 
Secretary of Commerce will notify the President of such identification. 
Within 60 days after submission of the biennial report to Congress, the 
Secretary of Commerce, acting through or in consultation with the 
Secretary of State, will notify identified nations about the 
requirements under the Moratorium Protection Act and this subpart.
    (c) Consultations and negotiations. Upon submission of the biennial 
report to Congress, the Secretary of Commerce, acting through or in 
consultation with the Secretary of State, will:
    (1) Initiate consultations within 60 days after submission of the 
biennial report to Congress with the governments of identified nations 
for the purposes of entering into bilateral and multilateral treaties 
with such nations to protect the PLMRs from bycatch activities described 
in the biennial report; and
    (2) Seek agreements through the appropriate international 
organizations calling for international restrictions on the fishing 
activities or practices described in the biennial report that result in 
bycatch of PLMRs and, as necessary, request the Secretary of State to 
initiate the amendment of any existing international treaty to which the 
United States is a party for the protection and conservation of the 
PLMRs in question to make such agreements consistent with this subpart.
    (d) International cooperation and assistance. To the greatest extent 
possible, consistent with existing authority and the availability of 
funds, the Secretary shall:
    (1) Provide appropriate assistance to nations identified by the 
Secretary under paragraph (a) of this section and international 
organizations of which those nations are members to assist those nations 
in qualifying for a positive certification under paragraph(e) of this 
section;
    (2) Undertake, where appropriate, cooperative research activities on 
species assessments and improved bycatch mitigation techniques, with 
those nations or organizations;
    (3) Encourage and facilitate the transfer of appropriate technology 
to those nations or organizations to assist those nations in qualifying 
for positive certification under paragraph (e) of this section; and
    (4) Provide assistance to those nations or organizations in 
designing and implementing appropriate fish harvesting plans.
    (e) Procedures to certify nations identified as having fishing 
vessels engaged in PLMR bycatch. (1) Each nation that is identified as 
having fishing vessels engaged in PLMR bycatch shall receive either a 
positive or a negative certification from the Secretary of Commerce, and 
this certification will be published in the biennial report to Congress. 
The Secretary of Commerce shall issue a positive certification to an 
identified nation upon making a determination that:
    (i) Such nation has provided evidence documenting its adoption of a 
regulatory program to end or reduce bycatch of such PLMRs that is 
comparable in effectiveness to regulatory measures required under U.S. 
law to address bycatch in the relevant fisheries, taking into account 
different conditions that could bear on the feasibility and efficacy of 
these measures, and which, in the case of an identified nation with 
fishing vessels engaged in pelagic longline fishing, includes the 
mandatory use of circle hooks, careful handling and release equipment, 
training and observer programs; and
    (ii) Such nation has established a management plan that will assist 
in the collection of species-specific data on PLMR bycatch to support 
international stock assessments and conservation efforts for PLMRs.
    (2) Nations will be notified prior to a formal certification 
determination and will be provided with an opportunity to support and/or 
refute preliminary certification determinations, and communicate any 
corrective actions taken to address the activities for which such 
nations were identified. The Secretary

[[Page 1112]]

of Commerce shall consider any information received during the course of 
these consultations when making the subsequent certification 
determinations.



Sec. 300.204  Effect of certification.

    (a) If an identified nation does not receive a positive 
certification under this subpart (i.e., the nation receives a negative 
certification or no certification is made), the fishing vessels of such 
nation are, to the extent consistent with international law, subject to 
the denial of entry into any place in the United States and to the 
navigable waters of the United States.
    (b) At the recommendation of the Secretary of Commerce (see Sec. 
300.205), certain fish or fish products from such nation may be subject 
to import prohibitions.
    (c) Any action recommended under this paragraph (c) shall be 
consistent with international obligations, including the WTO Agreement.
    (d) If certain fish or fish products are prohibited from entering 
the United States, within six months after the imposition of the 
prohibition, the Secretary of Commerce shall determine whether the 
prohibition is insufficient to cause that nation to effectively address 
the IUU fishing described in the biennial report, or that nation has 
retaliated against the United States as a result of that prohibition. 
The Secretary of Commerce shall certify to the President each 
affirmative determination that an import prohibition is insufficient to 
cause a nation to effectively address such IUU fishing activity or that 
a nation has taken retaliatory action against the United States. This 
certification is deemed to be a certification under section 1978(a) of 
Title 22, which provides that the President may direct the Secretary of 
the Treasury to prohibit the bringing or the importation into the United 
States of any products from the offending country for any duration as 
the President determines appropriate and to the extent that such 
prohibition is sanctioned by the World Trade Organization.
    (e) Duration of certification. Any nation identified in the biennial 
report to Congress and negatively certified will remain negatively 
certified until the Secretary of Commerce determines that the nation has 
taken appropriate corrective action to address the IUU fishing activity 
and/or bycatch of PLMRs for which it was identified in the biennial 
report. Receipt of a positive certification determination will 
demonstrate that appropriate corrective action has been taken by a 
nation to address the relevant IUU fishing activity and/or bycatch of 
PLMRs.
    (f) Consultations. NMFS will, working through or in consultation 
with the Department of State, continue consultations with nations that 
receive a negative certification with respect to the IUU fishing 
activities or bycatch of PLMRs described in the biennial report to 
Congress. The Secretary of Commerce shall take the results of such 
consultations into consideration when making a subsequent certification 
determination for such nation.



Sec. 300.205  Denial of port privileges and import restrictions on
fish or fish products.

    (a) Scope of Applicability. (1) If a nation identified in the 
biennial report under Sec. 300.202(a) or Sec. 300.203(a) is not 
positively certified by the Secretary of Commerce, and fishing vessels 
of the nation are allowed entry to any place in the United States and to 
the navigable waters of the United States under this subpart, those 
vessels will be subject to inspection and may be prohibited from 
landing, processing, or transshipping fish and fish products. Services, 
including the refueling and re-supplying of such fishing vessels, may be 
prohibited, with the exception of services essential to the safety, 
health, and welfare of the crew. Fishing vessels will not be denied port 
access or services in cases of force majeure or distress.
    (2) For nations identified in the biennial report under Sec. 
300.202(a) that are not positively certified, the Secretary of Commerce 
shall recommend import prohibitions with respect to fish or fish 
products from those nations. Such recommendations on import prohibitions 
would not apply to fish or fish products not managed under an applicable 
international fishery agreement, or if there is no applicable 
international fishery

[[Page 1113]]

agreement, to the extent that such provisions would apply to fish or 
fish products caught by vessels not engaged in illegal, unreported, or 
unregulated fishing. For nations identified under Sec. 300.203(a) that 
are not positively certified, the Secretary of Commerce shall also 
recommend import prohibitions; such prohibitions shall not apply to fish 
or fish products not caught by the vessels engaged in the relevant 
activity for which the nation was identified.
    (3) Any action recommended under this paragraph (a)(3) shall be 
consistent with international obligations, including the WTO Agreement.
    (b) Imposition of import restrictions--(1) Notification. Where the 
Secretary of Commerce cannot make positive certifications for identified 
nations, and the President determines that certain fish and fish 
products from such nations are ineligible for entry into the United 
States and U.S. territories, the Secretary of Commerce, with the 
concurrence of the Secretary of State and in cooperation with the 
Secretary of Treasury, will file a notice with the Office of the Federal 
Register.
    (2) Documentation of admissibility. If certain fish or fish products 
are subject to import prohibitions, NMFS may publish in the Federal 
Register the requirement that other fish or fish products from the 
relevant nation that are not subject to the prohibitions be accompanied 
by documentation of admissibility. The documentation of admissibility 
must be executed by a duly authorized official of the identified nation 
and validated by a responsible official(s) designated by NMFS. The 
documentation must be executed and submitted in a format (electronic 
facsimile (fax), the Internet, etc.) specified by NMFS.
    (3) Effective date of import restrictions. Effective upon the date 
of publication of such finding, shipments of fish or fish products found 
to be ineligible will be denied entry to the United States. Entry will 
not be denied for any such shipment that, on the date of publication, 
was in transit to the United States.
    (4) Removal of negative certifications and import restrictions. Upon 
a determination by the Secretary of Commerce that an identified nation 
that was not certified positively has satisfactorily met the conditions 
in this subpart and that nation has been positively certified, the 
provisions of Sec. 300.205 shall no longer apply. The Secretary of 
Commerce, with the concurrence of the Secretary of State and in 
cooperation with the Secretary of Treasury, will notify such nations and 
will file with the Office of the Federal Register for publication 
notification of the removal of the import restrictions effective on the 
date of publication.

    Effective Date Note: At 76 FR 2024, Jan. 12, 2011, Sec. 302.205 was 
added. This section contains information collection and recordkeeping 
requirements in paragraph (b)(2) which will not become effective until 
approval has been given by the Office of Management and Budget.



Sec. 300.206  Alternative procedures for IUU fishing activities.

    (a) These certification procedures may be applied to fish or fish 
products from a vessel of a harvesting nation that has been identified 
under Sec. 300.202 in the event that the Secretary cannot reach a 
certification determination for that nation by the time of the next 
biennial report. These procedures shall not apply to fish or fish 
products from identified nations that have received either a negative or 
a positive certification under this subpart.
    (b) Consistent with paragraph (a) of this section, the Secretary of 
Commerce may allow entry of fish or fish products on a shipment-by-
shipment, shipper-by-shipper, or other basis if the Secretary determines 
that:
    (1) The vessel has not engaged in IUU fishing under an international 
fishery management agreement to which the U.S. is a party; or
    (2) The vessel is not identified by an international fishery 
management organization as participating in IUU fishing activities.
    (c) Fish or fish products offered for entry under this paragraph (c) 
must be accompanied by a completed documentation of admissibility 
available from NMFS. The documentation of admissibility must be executed 
by a duly authorized official of the identified nation and must be 
validated by a responsible official(s) designated by NMFS. The 
documentation must be executed

[[Page 1114]]

and submitted in a format (electronic facsimile (fax), the Internet, 
etc.) specified by NMFS.

    Effective Date Note: At 76 FR 2024, Jan. 12, 2011, Sec. 302.206 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



Sec. 300.207  Alternative procedures for bycatch of PLMRs.

    (a) These certification procedures may be applied to fish or fish 
products from a vessel of a harvesting nation that has been identified 
under Sec. 300.203 in the event that the Secretary cannot reach a 
certification determination for that nation by the time of the next 
biennial report. These procedures shall not apply to fish or fish 
products from identified nations that have received either a negative or 
a positive certification under this subpart.
    (b) Consistent with paragraph (a) of this section, the Secretary of 
Commerce may allow entry of fish or fish products on a shipment-by-
shipment, shipper-by-shipper, or other basis if the Secretary determines 
that imports were harvested by practices that do not result in bycatch 
of a protected marine species, or were harvested by practices that--
    (1) Are comparable to those of the United States, taking into 
account different conditions, and which, in the case of pelagic longline 
fisheries, the regulatory program of an identified nation includes 
mandatory use of circle hooks, careful handling and release equipment, 
and training and observer programs; and
    (2) Include the gathering of species specific data that can be used 
to support international and regional assessments and conservation 
efforts for protected living marine resources.
    (c) Fish or fish products offered for entry under this section must 
be accompanied by a completed documentation of admissibility available 
from NMFS. The documentation of admissibility must be executed by a duly 
authorized official of the identified nation and validated by a 
responsible official(s) designated by NMFS. The documentation must be 
executed and submitted in a format (electronic facsimile (fax), the 
Internet, etc.) specified by NMFS.

    Effective Date Note: At 76 FR 2024, Jan. 12, 2011, Sec. 302.207 was 
added. This section contains information collection and recordkeeping 
requirements and will not become effective until approval has been given 
by the Office of Management and Budget.



  Subpart O_Western and Central Pacific Fisheries for Highly Migratory 
                                 Species

    Source: 74 FR 38554, Aug. 4, 2009, unless otherwise noted.

    Authority: 16 U.S.C. 6901 et seq.



Sec. 300.210  Purpose and scope.

    This subpart implements provisions of the Western and Central 
Pacific Fisheries Convention Implementation Act (Act) and applies to 
persons and vessels subject to the jurisdiction of the United States.



Sec. 300.211  Definitions.

    In addition to the terms defined in Sec. 300.2 and those in the Act 
and in the Convention on the Conservation and Management of Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean, with 
Annexes (WCPF Convention), which was adopted at Honolulu, Hawaii, on 
September 5, 2000, by the Multilateral High-Level Conference on Highly 
Migratory Fish Stocks in the Western and Central Pacific Ocean, the 
terms used in this subpart have the following meanings.
    1982 Convention means the United Nations Convention on the Law of 
the Sea of 10 December 1982.
    Aggregate or summary form means information structured in such a way 
which does not directly or indirectly disclose the identity or business 
of any person who submits such information.
    Commercial, with respect to commercial fishing, means fishing in 
which the fish harvested, either in whole or in part, are intended to 
enter commerce through sale, barter or trade.
    Commission means the Commission for the Conservation and Management 
of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean 
established in accordance with the WCPF

[[Page 1115]]

Convention, including its employees and contractors.
    Confidential information means any observer information or any 
information submitted to the Secretary, a State fishery management 
agency, or a Marine Fisheries Commission by any person in compliance 
with any requirement or regulation under the Act or under the Magnuson-
Stevens Fishery Conservation and Management Act.
    Conservation and management measure means those conservation and 
management measures adopted by the Commission pursuant to Article 10 of 
the WCPF Convention.
    Convention Area means all waters of the Pacific Ocean bounded to the 
south and to the east by the following line: From the south coast of 
Australia due south along the 141st meridian of east longitude to its 
intersection with the 55th parallel of south latitude; thence due east 
along the 55th parallel of south latitude to its intersection with the 
150th meridian of east longitude; thence due south along the 150th 
meridian of east longitude to its intersection with the 60th parallel of 
south latitude; thence due east along the 60th parallel of south 
latitude to its intersection with the 130th meridian of west longitude; 
thence due north along the 130th meridian of west longitude to its 
intersection with the 4th parallel of south latitude; thence due west 
along the 4th parallel of south latitude to its intersection with the 
150th meridian of west longitude; thence due north along the 150th 
meridian of west longitude.
    Effort Limit Area for Purse Seine, or ELAPS, means, within the area 
between 20[deg] N. latitude and 20[deg] S. latitude, areas within the 
Convention Area that either are high seas or are within the jurisdiction 
of the United States, including the EEZ and territorial sea.
    Fish aggregating device, or FAD, means any artificial or natural 
floating object, whether anchored or not and whether situated at the 
water surface or not, that is capable of aggregating fish, as well as 
any objects used for that purpose that are situated on board a vessel or 
otherwise out of the water. The meaning of FAD does not include a 
fishing vessel, provided that the fishing vessel is not used for the 
purpose of aggregating fish.
    Fishing means using any vessel, vehicle, aircraft or hovercraft for 
any of the following activities, or attempting to do so:
    (1) Searching for, catching, taking, or harvesting fish;
    (2) Engaging in any other activity which can reasonably be expected 
to result in the locating, catching, taking, or harvesting of fish for 
any purpose;
    (3) Placing, searching for, or recovering fish aggregating devices 
or associated electronic equipment such as radio beacons;
    (4) Engaging in any operations at sea directly in support of, or in 
preparation for, any of the activities previously described in 
paragraphs (1) through (3) of this definition, including, but not 
limited to, bunkering;
    (5) Engaging in transshipment at sea, either unloading or loading 
fish.
    Fishing day means, for the purpose of Sec. 300.223, any day in 
which a fishing vessel of the United States equipped with purse seine 
gear searches for fish, deploys a FAD, services a FAD, or sets a purse 
seine, with the exception of setting a purse seine solely for the 
purpose of testing or cleaning the gear and resulting in no catch.
    Fishing trip means a period that a fishing vessel spends at sea 
between port visits and during which any fishing occurs.
    Fishing vessel means any vessel used or intended for use for the 
purpose of fishing, including bunkering and other support vessels, 
carrier vessels and other vessels that unload or load fish in a 
transshipment, and any other vessel directly involved in fishing.
    Hawaiian Archipelago means the Main and Northwestern Hawaiian 
Islands, including Midway Atoll.
    High seas means the waters beyond the territorial sea or exclusive 
economic zone (or the equivalent) of any nation, to the extent that such 
territorial sea or exclusive economic zone (or the equivalent) is 
recognized by the United States.
    Highly migratory species (or HMS) means any of the following 
species:

[[Page 1116]]



----------------------------------------------------------------------------------------------------------------
                       Common name                                            Scientific name
----------------------------------------------------------------------------------------------------------------
                                                Albacore  Thunnus alalunga.
                                    Pacific bluefin tuna  Thunnus orientalis.
                                   Southern bluefin tuna  Thunnus maccoyii.
                                             Bigeye tuna  Thunnus obesus.
                                           Skipjack tuna  Katsuwonus pelamis.
                                          Yellowfin tuna  Thunnus albacares.
                                             Little tuna  Euthynnus affinis.
                                        Frigate mackerel  Auxis thazard; Auxis rochei.
                                                Pomfrets  Family Bramidae.
                                                 Marlins  Tetrapturus angustirostris; Tetrapturus audax; Makaira
                                                           mazara; Makaira indica; Makaira nigricans.
                                             Sail-fishes  Istiophorus platypterus.
                                               Swordfish  Xiphias gladius.
                                             Dolphinfish  Coryphaena hippurus; Coryphaena equiselis.
                                          Oceanic sharks  Hexanchus griseus; Cetorhinus maximus; Family
                                                           Alopiidae; Rhincodon typus; Family Carcharhinidae;
                                                           Family Sphyrnidae; Family Isuridae (or Lamnidae).
----------------------------------------------------------------------------------------------------------------

    High seas fishing permit means a permit issued under Sec. 300.13.
    Longline gear means a type of fishing gear consisting of a main line 
that exceeds 1 nautical mile in length, is suspended horizontally in the 
water column either anchored, floating, or attached to a vessel, and 
from which branch or dropper lines with hooks are attached; except that, 
within the protected species zone, longline gear means a type of fishing 
gear consisting of a main line of any length that is suspended 
horizontally in the water column either anchored, floating, or attached 
to a vessel, and from which branch or dropper lines with hooks are 
attached, where ``protected species zone'' is used as defined at Sec. 
665.12 of this title.
    Marine Fisheries Commission means the Atlantic States Marine 
Fisheries Commission, the Gulf States Marine Fisheries Commission, or 
the Pacific States Marine Fisheries Commission.
    Member of the Commission means any Contracting Party to the WCPF 
Convention, and, unless otherwise stated in context, any territory that 
has been authorized by an appropriate Contracting Party to participate 
in the Commission and its subsidiary bodies pursuant to Article 43 of 
the WCPF Convention and any fishing entity that has agreed to be bound 
by the regime established by the WCPF Convention pursuant to Annex I of 
the WCPF Convention.
    NOAA means the National Oceanic and Atmospheric Administration, 
Department of Commerce.
    Observer employer/observer provider means any person that provides 
observers to fishing vessels, shoreside processors, or stationary 
floating processors under a requirement of the Act or the Magnuson-
Stevens Fishery Conservation and Management Act.
    Observer information means any information collected, observed, 
retrieved, or created by an observer or electronic monitoring system 
pursuant to authorization by the Secretary, or collected as part of a 
cooperative research initiative, including fish harvest or processing 
observations, fish sampling or weighing data, vessel logbook data, 
vessel or processor-specific information (including any safety, 
location, or operating condition observations), and video, audio, 
photographic, or written documents.
    Pacific Islands Regional Administrator means the Regional 
Administrator, Pacific Islands Region, NMFS, or a designee (1601 
Kapiolani Blvd., Suite 1110, Honolulu, HI 96814).
    Person means any individual (whether or not a citizen or national of 
the United States), any corporation, partnership, association, or other 
entity (whether or not organized or existing under the laws of any 
State), and any Federal, State, local, or foreign government or any 
entity of any such government.
    Purse seine means a floated and weighted encircling net that is 
closed by means of a drawstring threaded through rings attached to the 
bottom of the net.
    Special Agent-In-Charge (or SAC) means the Special-Agent-In-Charge,

[[Page 1117]]

NOAA Office of Law Enforcement, Pacific Islands Division, or a designee 
(1601 Kapiolani Blvd., Suite 950, Honolulu, HI 96814; tel: (808) 203-
2500; facsimile: (808) 203-2599; e-mail: [email protected]).
    State means each of the several States of the United States, the 
District of Columbia, the Commonwealth of the Northern Mariana Islands, 
American Samoa, Guam, and any other commonwealth, territory, or 
possession of the United States.
    Transshipment means the unloading of fish from one fishing vessel 
and its direct transfer to, and loading on, another fishing vessel, 
either at sea or in port.
    Vessel monitoring system (or VMS) means an automated, remote system 
that provides information about a vessel's identity, location and 
activity, for the purposes of routine monitoring, control, surveillance 
and enforcement of area and time restrictions and other fishery 
management measures.
    VMS unit, sometimes known as a ``mobile transmitting unit,'' means a 
transceiver or communications device, including all hardware and 
software, that is carried and operated on a vessel as part of a VMS.
    WCPFC Area Endorsement means the authorization issued by NMFS under 
Sec. 300.212, supplementary to a valid high seas fishing permit and 
expressed as an endorsement to such permit, for a fishing vessel used 
for commercial fishing for highly migratory species on the high seas in 
the Convention Area.
    WCPF Convention means the Convention on the Conservation and 
Management of Highly Migratory Fish Stocks in the Western and Central 
Pacific Ocean (including any annexes, amendments, or protocols that are 
in force, or have come into force, for the United States) that was 
adopted at Honolulu, Hawaii, on September 5, 2000, by the Multilateral 
High-Level Conference on Highly Migratory Fish Stocks in the Western and 
Central Pacific Ocean.
    WCPFC observer means a person authorized by the Commission in 
accordance with any procedures established by the Commission to 
undertake vessel observer duties as part of the Commission's Regional 
Observer Programme, including an observer deployed as part of a NMFS-
administered observer program or as part of another national or sub-
regional observer program, provided that such program is authorized by 
the Commission to be part of the Commission's Regional Observer 
Programme.
    WCPFC inspection vessel means any vessel that is:
    (1) Authorized by a member of the Commission to be used to undertake 
boarding and inspection of fishing vessels on the high seas pursuant to, 
and in accordance with, Article 26 of the WCPF Convention and procedures 
established by the Commission pursuant thereto;
    (2) Included in the Commission's register of authorized inspection 
vessels and authorities or inspectors, established by the Commission in 
procedures pursuant to Article 26 of the WCPF Convention; and
    (3) Flying the WCPFC inspection flag established by the Commission.
    WCPFC inspector means a person that is authorized by a member of the 
Commission to undertake boarding and inspection of fishing vessels on 
the high seas pursuant to, and in accordance with, the boarding and 
inspection procedures adopted by the Commission under Article 26 of the 
WCPF Convention, and referred to therein as a ``duly authorized 
inspector'' or ``authorized inspector.''

                                * * * * *

    WCPFC transshipment monitor means, with respect to transshipments 
that take place on the high seas, a person authorized by the Commission 
to conduct transshipment monitoring on the high seas, and with respect 
to transshipments that take place in areas under the jurisdiction of a 
member of the Commission other than the United States, a person 
authorized by such member of the Commission to conduct transshipment 
monitoring.

[72 FR 18405, Apr. 12, 2007, as amended at 74 FR 64010, Dec. 7, 2009; 75 
FR 3347, Jan. 21, 2010]



Sec. 300.212  Vessel permit endorsements.

    (a) Any fishing vessel of the United States used for commercial 
fishing for

[[Page 1118]]

HMS on the high seas in the Convention Area must have on board a valid 
high seas fishing permit, or a copy thereof, that has a valid WCPFC Area 
Endorsement, or a copy thereof.
    (b) Eligibility. Only a fishing vessel that has a valid high seas 
fishing permit is eligible to receive a WCPFC Area Endorsement.
    (c) Application. (1) A WCPFC Area Endorsement may be applied for at 
the same time the underlying high seas permit is applied for, or at any 
time thereafter.
    (2) The owner or operator of a high seas fishing vessel may apply 
for a WCPFC Area Endorsement by completing an application form, 
available from the Pacific Islands Regional Administrator, and 
submitting the complete and accurate application, signed by the 
applicant, to the Pacific Islands Regional Administrator, along with the 
required fees.
    (3) The application must be accompanied by a bow-to-stern side-view 
photograph of the vessel in its current form and appearance. The 
photograph must meet the specifications prescribed on the application 
form and clearly show that the vessel is marked in accordance with the 
vessel identification requirements of Sec. 300.217.
    (d) Fees. NMFS will charge a fee to recover the administrative 
expenses of issuance of a WCPFC Area Endorsement. The amount of the fee 
will be determined in accordance with the procedures of the NOAA Finance 
Handbook, available from the Pacific Islands Regional Administrator, for 
determining administrative costs of each special product or service. The 
fee is specified in the application form. The appropriate fee must 
accompany each application. Failure to pay the fee will preclude 
issuance of the WCPFC Area Endorsement. Payment by a commercial 
instrument later determined to be insufficiently funded is grounds for 
invalidating the WCPFC Area Endorsement.
    (e) Issuance. (1) The Pacific Islands Regional Administrator will 
issue a WCPFC Area Endorsement within 30 days of receipt of a complete 
application that meets the requirements of this section and upon payment 
of the appropriate fee.
    (2) If an incomplete or improperly completed application is 
submitted, the Pacific Islands Regional Administrator will notify the 
applicant of such deficiency within 30 days of the date of receipt of 
the application. If the applicant fails to correct the deficiency and 
send a complete and accurate application to the Pacific Islands Regional 
Administrator within 30 days of the date of the notification of 
deficiency, the application will be considered withdrawn and no further 
action will be taken to process the application. Following withdrawal, 
the applicant may at any time submit a new application for 
consideration.
    (f) Validity. A WCPFC Area Endorsement issued under this subpart 
expires upon the expiration of the underlying high seas fishing permit, 
and shall be void whenever the underlying high seas fishing permit is 
void, suspended, sanctioned or revoked. A WCPFC Area Endorsement is also 
subject to suspension or revocation independent of the high seas fishing 
permit. Renewal of a WCPFC Area Endorsement prior to its expiration is 
the responsibility of the WCPFC Area Endorsement holder.
    (g) Change in application information. Any change in the required 
information provided in an approved or pending application for a WCPFC 
Area Endorsement must be reported by the vessel owner or operator to the 
Pacific Islands Regional Administrator in writing within 15 days of such 
change.
    (h) Transfer. A WCPFC Area Endorsement issued under this subpart is 
valid only for the vessel, owner, and high seas fishing permit to which 
it is issued and is not transferable or assignable to another high seas 
fishing permit or to another vessel.
    (i) Display. A valid WCPFC Area Endorsement, or a photocopy or 
facsimile copy thereof, issued under this subpart must be on board the 
vessel and available for inspection by any authorized officer while the 
vessel is at sea and must be available for inspection by any WCPFC 
inspector while the vessel is on the high seas in the Convention Area.

[75 FR 3349, Jan. 21, 2010]



Sec. 300.213  Vessel information.

    (a) The owner or operator of any fishing vessel of the United States 
that is

[[Page 1119]]

used for fishing for HMS in the Convention Area in waters under the 
jurisdiction of any nation other than the United States must, prior to 
the commencement of such fishing, submit to the Pacific Islands Regional 
Administrator information about the vessel and its ownership and 
operation, and the authorized fishing activities, including copies of 
any permits, licenses, or authorizations issued for such activities, as 
specified on forms available from the Pacific Islands Regional 
Administrator. The owner or operator of such a fishing vessel must also 
submit to the Pacific Islands Regional Administrator a bow-to-stern 
side-view photograph of the vessel in its current form and appearance, 
and the photograph must meet the specifications prescribed on the 
application form. If any of the submitted information changes, the 
vessel owner or operator must report the updated information to the 
Pacific Islands Regional Administrator in writing within 15 days of the 
change.
    (b) If any of the information or the vessel photograph required 
under paragraph (a) of this section has been submitted for the subject 
vessel on an application for a high seas fishing permit or an 
application for a WCPFC Area Endorsement, then the requirements of 
paragraph (a) of this section will be deemed satisfied. However, in 
order to satisfy this requirement, the high seas fishing permit or WCPFC 
Area Endorsement must be valid, the information provided must be true, 
accurate and complete, and in the case of a vessel photograph, it must 
meet the specifications prescribed on the form used for the purpose of 
submitting the photograph under this section.

[75 FR 3349, Jan. 21, 2010]



Sec. 300.214  Compliance with laws of other nations.

    (a) The owner and operator of a fishing vessel of the United States 
with a WCPFC Area Endorsement or for which a WCPFC Area Endorsement is 
required:
    (1) May not use the vessel for fishing, retaining fish on board, or 
landing fish in areas under the jurisdiction of a nation other than the 
United States unless any license, permit, or other authorization that 
may be required by such other nation for such activity has been issued 
with respect to the vessel.
    (2) Shall, when the vessel is in the Convention Area in areas under 
the jurisdiction of a member of the Commission other than the United 
States, operate the vessel in compliance with, and ensure its crew 
complies with, the applicable national laws of such member.
    (b) The owner and operator of a fishing vessel of the United States 
shall ensure that:
    (1) The vessel is not used for fishing for HMS, retaining HMS on 
board, or landing HMS in the Convention Area in areas under the 
jurisdiction of a nation other than the United States unless any 
license, permit, or other authorization that may be required by such 
other nation for such activity has been issued with respect to the 
vessel.
    (2) If the vessel is used for commercial fishing for HMS, including 
transshipment of HMS, in the Convention Area in areas under the 
jurisdiction of a member of the Commission other than the United States, 
the vessel is operated in compliance with, and the vessel crew complies 
with, the applicable laws of such member, including any laws related to 
carrying vessel observers or the operation of VMS units.
    (c) For the purpose of this section, the meaning of transshipment 
does not include transfers that exclusively involve fish that have been 
previously landed and processed.

[75 FR 3349, Jan. 21, 2010]



Sec. 300.215  Observers.

    (a) Applicability. This section applies to any fishing vessel of the 
United States with a WCPFC Area Endorsement or for which a WCPFC Area 
Endorsement is required.
    (b) Notifications. [Reserved]
    (c) Accommodating observers. All fishing vessels subject to this 
section must carry, when directed to do so by NMFS, a WCPFC observer on 
fishing trips during which the vessel at any time enters or is within 
the Convention Area. The operator and each member of the crew of the 
fishing vessel shall act in accordance with this paragraph with respect 
to any WCPFC observer.

[[Page 1120]]

    (1) The operator and crew shall allow and assist WCPFC observers to:
    (i) Embark at a place and time determined by NMFS or otherwise 
agreed to by NMFS and the vessel operator;
    (ii) Have access to and use of all facilities and equipment on board 
as necessary to conduct observer duties, including, but not limited to: 
full access to the bridge, the fish on board, and areas which may be 
used to hold, process, weigh and store fish; full access to the vessel's 
records, including its logs and documentation, for the purpose of 
inspection and copying; access to, and use of, navigational equipment, 
charts and radios; and access to other information relating to fishing;
    (iii) Remove samples;
    (iv) Disembark at a place and time determined by NMFS or otherwise 
agreed to by NMFS and the vessel operator; and
    (v) Carry out all duties safely.
    (2) The operator shall provide the WCPFC observer, while on board 
the vessel, with food, accommodation and medical facilities of a 
reasonable standard equivalent to those normally available to an officer 
on board the vessel, at no expense to the WCPFC observer.
    (3) The operator and crew shall not assault, obstruct, resist, 
delay, refuse boarding to, intimidate, harass or interfere with WCPFC 
observers in the performance of their duties, or attempt to do any of 
the same.
    (d) Related observer requirements. Observers deployed by NMFS 
pursuant to regulations issued under other statutory authorities on 
vessels used for commercial fishing for HMS in the Convention Area will 
be deemed by NMFS to have been deployed pursuant to this section.

[72 FR 18405, Apr. 12, 2007, as amended at 75 FR 3350, Jan. 21, 2010]



Sec. 300.216  Transshipment.

    (a) Transshipment monitoring. [Reserved]
    (b) Transshipment restrictions. Fish may not be transshipped from a 
purse seine fishing vessel of the United States at sea in the Convention 
Area, and a fishing vessel of the United States may not be used to 
receive a transshipment of fish from a purse seine fishing vessel at sea 
in the Convention Area.

[75 FR 3350, Jan. 21, 2010]



Sec. 300.217  Vessel identification.

    (a) General. (1) A fishing vessel must be marked in accordance with 
the requirements of this section in order for a WCPFC Area Endorsement 
to be issued for the fishing vessel.
    (2) Any fishing vessel of the United States with a WCPFC Area 
Endorsement or for which a WCPFC Area Endorsement is required shall be 
marked for identification purposes in accordance with this section, and 
all parts of such markings shall be clear, distinct, uncovered, and 
unobstructed.
    (3) Any boat, skiff, or other watercraft carried on board the 
fishing vessel shall be marked with the same identification markings as 
required under this section for the fishing vessel and shall be marked 
in accordance with this section.
    (b) Marking. (1) Vessels shall be marked in accordance with the 
identification requirements of Sec. 300.14(b)(2), and if an IRCS has 
not been assigned to the vessel, then the Federal, State, or other 
documentation number used in lieu of the IRCS must be preceded by the 
characters ``USA'' and a hyphen (that is, ``USA-'').
    (2) With the exception of the vessel's name and hailing port, the 
marking required in this section shall be the only vessel identification 
mark consisting of letters and numbers to be displayed on the hull and 
superstructure.
    (c) This section will not apply to fishing vessels that are subject 
to the vessel identification requirements of Sec. Sec. 300.173 or 
660.704 of this title until conflicts between the requirements of this 
section and the requirements of those sections are reconciled, and only 
upon publication in the Federal Register of a notice or final rule that 
includes a statement to that effect.

[75 FR 3350, Jan. 21, 2010]



Sec. 300.218  Reporting and recordkeeping requirements.

    (a) Fishing reports.--(1) General. The owner or operator of any 
fishing vessel of the United States used for commercial fishing for HMS 
in the Pacific

[[Page 1121]]

Ocean must maintain and report to NMFS catch and effort and other 
operational information for all such fishing activities. The reports 
must include at a minimum: identification information for the vessel; 
description of fishing gear used; dates, times and locations of fishing; 
and species and amounts of fish retained and discarded.
    (2) Reporting options. Vessel owners and operators shall be deemed 
to meet the recordkeeping and reporting requirements of paragraph (a)(1) 
of this section by satisfying all applicable catch and effort reporting 
requirements as listed below:
    (i) Western Pacific pelagic fisheries. Fishing activities subject to 
the reporting requirements of Sec. 665.14 of this title must be 
maintained and reported in the manner specified in that section.
    (ii) West Coast HMS fisheries. Fishing activities subject to the 
reporting requirements of Sec. 660.708(a) of this title must be 
maintained and reported in the manner specified in that section.
    (iii) Pacific tuna fisheries. Fishing activities subject to the 
reporting requirements of Sec. 300.22 must be maintained and reported 
in the manner specified in that section.
    (iv) South Pacific tuna fisheries. Fishing activities subject to the 
reporting requirements of Sec. 300.34(c)(1) must be maintained and 
reported in the manner specified in that section.
    (v) High seas fisheries. Fishing activities subject to the reporting 
requirements of Sec. 300.17(a) must be maintained and reported in the 
manner specified in Sec. 300.17(a) and (b).
    (vi) Canada albacore fisheries. Fishing activities subject to the 
reporting requirements of Sec. 300.174 must be maintained and reported 
in the manner specified in that section.
    (vii) State-regulated fisheries. Catch and effort information for 
fishing activities for which reporting of effort, catch, and/or landings 
is required under State law must be maintained and reported in the 
manner specified under such State law.
    (viii) Other fisheries. All other fishing activities subject to the 
requirement of paragraph (a)(1) of this section must be recorded on 
paper or electronic forms specified or provided by the Pacific Islands 
Regional Administrator. Such forms will specify the information 
required, which may include: Identification information for the vessel; 
description of fishing gear used; dates, times and locations of fishing; 
and species and amounts of fish retained and discarded. All information 
specified by the Pacific Islands Regional Administrator on such forms 
must be recorded on paper or electronically within 24 hours of the 
completion of each fishing day. The information recorded must, for each 
fishing day, include a dated signature of the vessel operator or other 
type of authentication as specified by the Pacific Islands Regional 
Administrator. The vessel operator must, unless otherwise specified by 
the Pacific Islands Regional Administrator, submit the information for 
each fishing day to the Pacific Islands Regional Administrator within 72 
hours of the first landing or port call after the fishing day, and must 
submit the information in the manner specified by the Pacific Islands 
Regional Administrator.
    (3) Exceptions. (i) Catch and effort information for fishing 
activities that take place in waters under State jurisdiction must be 
maintained and reported only in cases where the reporting of such 
activity is required under State law or under Federal regulations at 
Sec. Sec. 300.22 and 300.34, and Sec. Sec. 660.708 and 665.14 of this 
title.
    (ii) Catch and effort information for fishing activities that take 
place in waters under Federal jurisdiction around American Samoa, Guam 
and the Northern Mariana Islands need not be reported under this section 
unless reporting of such activity is required under regulations in 
chapter VI of this title.
    (b) Transshipment reports. [Reserved]

[75 FR 3350, Jan. 21, 2010]



Sec. 300.219  Vessel monitoring system.

    (a) SAC and VMS Helpdesk contact information and business hours. The 
contact information for the SAC for the purpose of this section is: 1601 
Kapiolani Blvd., Suite 950, Honolulu, HI 96814; telephone: (808) 203-
2500; facsimile: (808) 203-2599; e-mail: [email protected]. The business 
hours of the SAC for the purpose of this section are: Monday through 
Friday, except Federal holidays, 8 a.m. to 4:30 p.m,

[[Page 1122]]

Hawaii Standard Time. The contact information for the NOAA Office of Law 
Enforcement's VMS Helpdesk for the purpose of this section is: 
telephone: (888) 219-9228; e-mail: [email protected]. The business 
hours of the VMS Helpdesk for the purpose of this section are: Monday 
through Friday, except Federal holidays, 7 a.m. to 11 p.m., Eastern 
Time.
    (b) Applicability. This section applies to any fishing vessel of the 
United States with a WCPFC Area Endorsement or for which a WCPFC Area 
Endorsement is required.
    (c) Provision of vessel position information--(1) VMS unit 
installation. The vessel owner and operator shall obtain and have 
installed on the fishing vessel, in accordance with instructions 
provided by the SAC and the VMS unit manufacturer, a VMS unit that is 
type-approved by NMFS for fisheries governed under the Act. The vessel 
owner and operator shall authorize the Commission and NMFS to receive 
and relay transmissions from the VMS unit. The vessel owner and operator 
shall arrange for a NMFS-approved mobile communications service provider 
to receive and relay transmissions from the VMS unit to NMFS. NMFS makes 
available lists of type-approved VMS units and approved mobile 
communications service providers.
    (2) VMS unit activation. If the VMS unit has not yet been activated 
as described in this paragraph, or if the VMS unit has been newly 
installed or reinstalled, or if the mobile communications service 
provider has changed since the previous activation, or if directed by 
the SAC, the vessel owner and operator shall, prior to the vessel 
leaving port:
    (i) Turn on the VMS unit to make it operational;
    (ii) Submit a written activation report, via mail, facsimile or e-
mail, to the SAC, that includes: the vessel's name; the vessel's 
official number; the VMS unit manufacturer and identification number; 
and telephone, facsimile or e-mail contact information for the vessel 
owner or operator; and
    (iii) Receive verbal or written confirmation from the SAC that 
proper transmissions are being received from the VMS unit.
    (3) VMS unit operation. The vessel owner and operator shall 
continuously operate the VMS unit at all times, except that the VMS unit 
may be shut down while the vessel is at port or otherwise not at sea, 
provided that the owner and operator:
    (i) Prior to shutting down the VMS unit, report to the SAC or the 
NOAA Office of Law Enforcement's VMS Helpdesk via facsimile or e-mail, 
the following information: the intent to shut down the VMS unit; the 
vessel's name; the vessel's official number; and telephone, facsimile or 
e-mail contact information for the vessel owner or operator; and
    (ii) When turning the VMS unit back on, report to the SAC or the 
NOAA Office of Law Enforcement's VMS Helpdesk, via mail, facsimile or e-
mail, the following information: that the VMS unit has been turned on; 
the vessel's name; the vessel's official number; and telephone, 
facsimile or e-mail contact information for the vessel owner or 
operator; and
    (iii) Prior to leaving port, receive verbal or written confirmation 
from the SAC that proper transmissions are being received from the VMS 
unit.
    (4) Failure of VMS unit. If the vessel owner or operator becomes 
aware that the VMS unit has become inoperable or that transmission of 
automatic position reports from the VMS unit has been interrupted, or if 
notified by NMFS or the USCG that automatic position reports are not 
being received from the VMS unit or that an inspection of the VMS unit 
has revealed a problem with the performance of the VMS unit, the vessel 
owner and operator shall comply with the following requirements:
    (i) If the vessel is at port: The vessel owner or operator shall 
repair or replace the VMS unit and ensure it is operable before the 
vessel leaves port.
    (ii) If the vessel is at sea: The vessel owner, operator, or 
designee shall contact the SAC by telephone, facsimile, or e-mail at the 
earliest opportunity during the SAC's business hours and identify the 
caller and vessel. The vessel operator shall follow the instructions 
provided by the SAC, which could include, but are not limited to: 
ceasing fishing, stowing fishing gear, returning

[[Page 1123]]

to port, and/or submitting periodic position reports at specified 
intervals by other means; and, repair or replace the VMS unit and ensure 
it is operable before starting the next trip.
    (5) Related VMS requirements. Installing, carrying and operating a 
VMS unit in compliance with the requirements in part 300 of this title, 
part 660 of this title, or part 665 of this title relating to the 
installation, carrying, and operation of VMS units shall be deemed to 
satisfy the requirements of paragraph (c) of this section, provided that 
the VMS unit is operated continuously and at all times while the vessel 
is at sea, the VMS unit is type-approved by NMFS for fisheries governed 
under the Act, the owner and operator have authorized the Commission and 
NMFS to receive and relay transmissions from the VMS unit, and the 
specific requirements of paragraph (c)(4) of this section are complied 
with. If the VMS unit is owned by NMFS, the requirement under paragraph 
(c)(4) of this section to repair or replace the VMS unit will be the 
responsibility of NMFS, but the vessel owner and operator shall be 
responsible for ensuring that the VMS unit is operable before leaving 
port or starting the next trip.
    (d) Costs. The vessel owner and operator shall be responsible for 
all costs associated with the purchase, installation and maintenance of 
the VMS unit, and for all charges levied by the mobile communications 
service provider as necessary to ensure the transmission of automatic 
position reports to NMFS as required in paragraph (c) of this section. 
However, if the VMS unit is being carried and operated in compliance 
with the requirements in part 300 of this title, part 660 of this title, 
or part 665 of this title relating to the installation, carrying, and 
operation of VMS units, the vessel owner and operator shall not be 
responsible for costs that are the responsibility of NMFS under those 
regulations.
    (e) Tampering. The vessel owner and operator shall ensure that the 
VMS unit is not tampered with, disabled, destroyed, damaged or operated 
improperly, and that its operation is not impeded or interfered with.
    (f) Inspection. The vessel owner and operator shall make the VMS 
unit, including its antenna, connectors and antenna cable, available for 
inspection by authorized officers, by employees of the Commission, by 
persons appointed by the Executive Director of the Commission for this 
purpose, and, when the vessel is on the high seas in the Convention 
Area, by WCPFC inspectors.
    (g) Access to data. The vessel owner and operator shall make the 
vessel's position data obtained from the VMS unit or other means 
immediately and always available for inspection by NOAA personnel, USCG 
personnel, and authorized officers, and shall make the vessel's position 
data for positions on the high seas in the Convention Area immediately 
and always available to WCPFC inspectors and the Commission.
    (h) Communication devices. (1) To facilitate communication with 
management and enforcement authorities regarding the functioning of the 
VMS unit and other purposes, the vessel operator shall, while the vessel 
is at sea, carry on board and continuously monitor a two-way 
communication device that is capable of real-time communication with the 
SAC. The VMS unit used to fulfill the requirements of paragraph (c) of 
this section may not be used to satisfy this requirement. If the device 
is anything other than a radio, the contact number for the device must 
be provided to the Pacific Islands Regional Administrator on the 
application form for the WCPFC Area Endorsement in accordance with the 
requirements of Sec. 300.212.
    (2) For the purpose of submitting the position reports that might be 
required in cases of VMS unit failure under paragraph (c)(4)(ii) of this 
section, the vessel operator shall, while the vessel is at sea, carry on 
board a communication device capable of transmitting, while the vessel 
is on the high seas in the Convention Area, communications by telephone, 
facsimile, e-mail, or radio to the Commission, in Pohnpei, Micronesia. 
The VMS unit used to fulfill the requirements of paragraph (c)

[[Page 1124]]

of this section may not be used to satisfy this requirement. The same 
communication device may be able to satisfy the requirements of both 
this paragraph and paragraph (h)(1) of this section.

[75 FR 3351, Jan. 21, 2010]



Sec. 300.220  Confidentiality of information.

    (a) Types of information covered. NOAA is authorized under the Act 
and other statutes to collect and maintain information. This section 
applies to confidential information collected under authority of the 
Act.
    (b) Collection and maintenance of information--(1) General. (i) Any 
information required to be submitted to the Secretary, a State fishery 
management agency, or a Marine Fisheries Commission under the Act shall 
be provided to the Assistant Administrator.
    (ii) Any observer information collected under the Act shall be 
provided to the Assistant Administrator.
    (iii) Appropriate safeguards as specified by NOAA Administrative 
Order (NAO) 216-100 or other NOAA/NMFS internal procedures, apply to the 
collection and maintenance of any information collected pursuant to 
paragraphs (b)(1) or (b)(2) of this section, whether separated from 
identifying particulars or not, so as to ensure their confidentiality. 
Information submitted to the Secretary in compliance with this subpart 
shall not be disclosed except as authorized herein or by other law or 
regulation.
    (2) Collection agreements with States or Marine Fisheries 
Commissions. (i) The Assistant Administrator may enter into an agreement 
with a State or a Marine Fisheries Commission authorizing the State or 
Marine Fisheries Commission to collect information on behalf of the 
Secretary.
    (ii) To enter into a cooperative collection agreement with a State 
or a Marine Fisheries Commission, NMFS must ensure that:
    (A) The State has authority to protect the information from 
disclosure in a manner at least as protective as these regulations.
    (B) The Marine Fisheries Commission has enacted policies and 
procedures to protect the information from public disclosure.
    (3) Collection services by observer employer/observer provider. The 
Assistant Administrator shall make the following determinations before 
issuing a permit or letting a contract or grant to an organization that 
provides observer services:
    (i) That the observer employer/observer provider has enacted 
policies and procedures to protect the information from public 
disclosure;
    (ii) That the observer employer/observer provider has entered into 
an agreement with the Assistant Administrator that prohibits public 
disclosure and specifies penalties for such disclosure; and
    (iii) That the observer employer/observer provider requires each 
observer to sign an agreement with NOAA/NMFS that prohibits public 
disclosure of observer information and specifies penalties for such 
disclosure.
    (c) Access to information--(1) General. This section establishes 
procedures intended to manage, preserve, and protect the confidentiality 
of information submitted in compliance with the Act and its implementing 
regulations. This section applies to those persons and organizations 
deemed eligible to access confidential information subject to the terms 
and conditions described in this section and the Act. All other persons 
requesting access to confidential information should follow the 
procedures set forth in the Freedom of Information Act, 5 U.S.C. 552, 15 
CFR parts 15 and 903, NAO 205-14, and Department of Commerce 
Administrative Orders 205-12 and 205-14, as applicable. Persons eligible 
to access confidential information under this section shall submit to 
NMFS a written request with the following information:
    (i) The specific types of information requested;
    (ii) The relevance of the information to requirements of the Act;
    (iii) The duration of time that access will be required: continuous, 
infrequent, or one-time; and
    (iv) An explanation of why the availability of information in 
aggregate or summary form from other sources would not satisfy the 
requested needs.

[[Page 1125]]

    (2) Federal employees. Confidential information will only be 
accessible to the following:
    (i) Federal employees who are responsible for administering, 
implementing, or enforcing the Act. Such persons are exempt from the 
provisions of paragraph (c)(1) of this section.
    (ii) NMFS employees responsible for the collection, processing, and 
storage of the information or performing research that requires access 
to confidential information. Such persons are exempt from the provisions 
of paragraph (c)(1) of this section.
    (iii) Other NOAA employees on a demonstrable need-to-know basis.
    (iv) Persons that need access to confidential information to perform 
functions authorized under a Federal contract, cooperative agreement, or 
grant awarded by NOAA/NMFS.
    (3) Commission. (i) Confidential information will be subject to 
disclosure to the Commission, but only if:
    (A) The information is required to be submitted to the Commission 
under the requirements of the WCPF Convention or the decisions of the 
Commission;
    (B) The provision of such information is in accord with the 
requirements of the Act, the WCPF Convention, and the decisions of the 
Commission, including any procedures, policies, or practices adopted by 
the Commission relating to the receipt, maintenance, protection or 
dissemination of information by the Commission; and
    (C) The provision of such information is in accord with any 
agreement between the United States and the Commission that includes 
provisions to prevent public disclosure of the identity or business of 
any person.
    (ii) The provisions of paragraph (c)(1) of this section do not apply 
to the release of confidential information to the Commission.
    (4) State employees. Confidential information may be made accessible 
to a State employee only by written request and only upon the 
determination by NMFS that at least one of the following conditions is 
met:
    (i) The employee has a need for confidential information to further 
the Department of Commerce's mission, and the State has entered into a 
written agreement between the Assistant Administrator and the head of 
the State's agency that manages marine and/or anadromous fisheries. The 
agreement shall contain a finding by the Assistant Administrator that 
the State has confidentiality protection authority comparable to the Act 
and that the State will exercise this authority to prohibit public 
disclosure of the identity or business of any person.
    (ii) The employee enforces the Act or fishery management plans 
prepared under the authority of the Magnuson-Stevens Conservation and 
Management Act, and the State for which the employee works has entered 
into a fishery enforcement agreement with the Secretary and the 
agreement is in effect.
    (5) Marine Fisheries Commission employees. Confidential information 
may be made accessible to Marine Fisheries Commission employees only 
upon written request of the Marine Fisheries Commission and only if the 
request demonstrates a need for confidential information to further the 
Department of Commerce's mission, and the executive director of the 
Marine Fisheries Commission has entered into a written agreement with 
the Assistant Administrator. The agreement shall contain a finding by 
the Assistant Administrator that the Marine Fisheries Commission has 
confidentiality protection policies and procedures to protect from 
public disclosure information that would reveal the identity or business 
of any person.
    (6) Homeland and national security activities. Confidential 
information may be made accessible to Federal employees for purposes of 
promoting homeland security or national security at the request of 
another Federal agency only if:
    (i) Providing the information promotes homeland security or national 
security purposes including the USCG's homeland security missions as 
defined in section 888(a)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 468(a)(2)); and
    (ii) The requesting agency has entered into a written agreement with 
the Assistant Administrator. The agreement shall contain a finding by 
the Assistant Administrator that the requesting agency has 
confidentiality

[[Page 1126]]

policies and procedures to protect the information from public 
disclosure.
    (7) Observer and observer employer/observer provider. Confidential 
information used for purposes other than those contained in this subpart 
or in part 600 of this title may only be used by observers and observer 
employers/observer providers in order:
    (i) To adjudicate observer certifications;
    (ii) To allow the sharing of observer information among the 
observers and between observers and observer employers/observer 
providers as necessary to train and prepare observers for deployments on 
specific vessels; or
    (iii) To validate the accuracy of the observer information 
collected.
    (8) Persons having access to confidential information may be subject 
to criminal and civil penalties for unauthorized use or disclosure of 
confidential information. See 18 U.S.C. 1905, 16 U.S.C. 1857, and NOAA/
NMFS internal procedures, including NAO 216-100.
    (d) Control system. (1) The Assistant Administrator maintains a 
control system to protect the identity or business of any person who 
submits information in compliance with any requirement or regulation 
under the Act. The control system:
    (i) Identifies those persons who have access to the information;
    (ii) Contains procedures to limit access to confidential information 
to authorized users; and
    (iii) Provides handling and physical storage protocols for 
safeguarding of the information.
    (2) This system requires that all persons who have authorized access 
to the information be informed of the confidentiality of the 
information. These persons, with the exception of employees and 
contractors of the Commission, are required to sign a statement that 
they:
    (i) Have been informed that the information is confidential; and
    (ii) Have reviewed and are familiar with the procedures to protect 
confidential information.
    (e) Release of information. (1) The Assistant Administrator will not 
disclose to the public any confidential information, except:
    (i) When the Secretary has obtained from the person who submitted 
the information an authorization to release the information to persons 
for reasons not otherwise provided for in this subpart. In situations 
where a person provides information through a second party, both parties 
are considered joint submitters of information and either party may 
request a release. The authorization to release such information will 
require:
    (A) A written statement from the person(s) who submitted the 
information authorizing the release of the submitted information; and
    (B) A finding by the Secretary that such release does not violate 
other requirements of the Act or other applicable laws.
    (ii) Observer information as authorized by a fishery management plan 
(prepared under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act) or regulations under the authority of 
the North Pacific Council to allow disclosure of observer information to 
the public of weekly summary bycatch information identified by vessel or 
for haul-specific bycatch information without vessel identification.
    (iii) When such information is required to be submitted for any 
determination under a limited access program.
    (iv) When required by a court order.
    (2) All requests from the public for confidential information will 
be processed in accordance with the requirements of 5 U.S.C. 552a, 15 
CFR parts 4 and 903, NAO 205-14, and Department of Commerce 
Administrative Orders DAO 205-12 and DAO 205-14. Nothing in this section 
is intended to confer any right, claim, or entitlement to obtain access 
to confidential information not already established by law.
    (3) NMFS does not release or allow access to confidential 
information in its possession to members of advisory groups of the 
Regional Fishery Management Councils established under the Magnuson-
Stevens Fishery Conservation and Management Act, except as provided by 
law.

[75 FR 3352, Jan. 21, 2010]

[[Page 1127]]



Sec. 300.221  Facilitation of enforcement and inspection.

    In addition to the facilitation of enforcement provisions of Sec. 
300.5, the following requirements apply to this subpart.
    (a) A fishing vessel of the United States with a WCPFC Area 
Endorsement or for which a WCPFC Area Endorsement is required, including 
the vessel's operator and each member of the vessel's crew shall, when 
in the Convention Area, be subject to the following requirements:
    (1) The Federal Certificate of Documentation or State or other 
documentation for the vessel, or a copy thereof, shall be carried on 
board the vessel. Any license, permit or other authorization to use the 
vessel to fish, retain fish, transship fish, or land fish issued by a 
nation or political entity other than the United States, or a copy 
thereof, shall be carried on board the vessel. These documents shall be 
made available for inspection by any authorized officer. If the vessel 
is on the high seas, the above-mentioned licenses, permits, and 
authorizations shall also be made available for inspection by any WCPFC 
inspector. If the vessel is in an area under the jurisdiction of a 
member of the Commission other than the United States, they shall be 
made available for inspection by any authorized enforcement official of 
that member.
    (2) For the purpose of facilitating communication with the fisheries 
management, surveillance and enforcement authorities of the members of 
the Commission, the operator shall ensure the continuous monitoring of 
the international safety and calling radio frequency 156.8 MHz (Channel 
16, VHF-FM) and, if the vessel is equipped to do so, the international 
distress and calling radio frequency 2.182 MHz (HF).
    (3) The operator shall ensure that an up-to-date copy of the 
International Code of Signals (INTERCO) is on board and accessible at 
all times.
    (4) When engaged in transshipment on the high seas or in an area 
under the jurisdiction of a member of the Commission other than the 
United States, the operator and crew shall:
    (i) Provide any WCPFC transshipment monitor with full access to, and 
use of, facilities and equipment which such authorized person may 
determine is necessary to carry out his or her duties to monitor 
transshipment activities, including full access to the bridge, fish on 
board, and all areas which may be used to hold, process, weigh and store 
fish, and full access to the vessel's records, including its log and 
documentation for the purpose of inspection and photocopying;
    (ii) Allow and assist any WCPFC transshipment monitor to collect and 
remove samples and gather any other information required to fully 
monitor transshipment activities.
    (iii) Not assault, obstruct, resist, delay, refuse boarding to, 
intimidate, harass, interfere with, unduly obstruct or delay any WCPFC 
transshipment monitor in the performance of such person's duties, or 
attempt to do any of the same.
    (b) The operator and crew of a fishing vessel of the United States, 
when on the high seas in the Convention Area, shall be subject to the 
following requirements:
    (1) The operator and crew shall immediately comply with instructions 
given by an officer on board a WCPFC inspection vessel to move the 
vessel to a safe location and/or to stop the vessel, provided that the 
officer has, prior to the issuance of such instructions:
    (i) Provided information identifying his or her vessel as a WCPFC 
inspection vessel, including its name, registration number, IRCS and 
contact frequency; and
    (ii) Communicated to the vessel operator his or her intention to 
board and inspect the vessel under the authority of the Commission and 
pursuant to the boarding and inspection procedures adopted by the 
Commission.
    (2) The operator and crew shall accept and facilitate prompt and 
safe boarding by any WCPFC inspector, provided that an officer on board 
the WCPFC inspection vessel has, prior to such boarding:
    (i) Provided information identifying his or her vessel as a WCPFC 
inspection vessel, including its name, registration number, IRCS and 
contact frequency; and
    (ii) Communicated to the vessel operator an intention to board and 
inspect

[[Page 1128]]

the vessel under the authority of the Commission and pursuant to the 
boarding and inspection procedures adopted by the Commission.
    (3) Provided that the WCPFC inspector has presented to the vessel 
operator his or her identity card identifying him or her as an inspector 
authorized to carry out boarding and inspection procedures under the 
auspices of the Commission, and a copy of the text of the relevant 
conservation and management measures in force pursuant to the WCPF 
Convention in the relevant area of the high seas, the operator and crew 
shall:
    (i) Cooperate with and assist any WCPFC inspector in the inspection 
of the vessel, including its authorizations to fish, gear, equipment, 
records, facilities, fish and fish products and any relevant documents 
necessary to verify compliance with the conservation and management 
measures in force pursuant to the WCPF Convention;
    (ii) Allow any WCPFC inspector to communicate with the crew of the 
WCPFC inspection vessel, the authorities of the WCPFC inspection vessel 
and the authorities of the vessel being inspected;
    (iii) Provide any WCPFC inspector with reasonable facilities, 
including, where appropriate, food and accommodation; and
    (iv) Facilitate safe disembarkation by any WCPFC inspector.
    (4) If the operator or crew refuses to allow a WCPFC inspector to 
board and inspect the vessel in the manner described in this paragraph, 
they shall offer to the WCPFC inspector an explanation of the reason for 
such refusal.
    (5) The operator and crew shall not assault, obstruct, resist, 
delay, refuse boarding to, intimidate, harass, interfere with, unduly 
obstruct or delay any WCPFC inspector in the performance of such 
person's duties, or attempt to do any of the same.
    (c) When a fishing vessel of the United States that is used for 
commercial fishing for HMS is in the Convention Area and is either on 
the high seas without a valid WCPFC Area Endorsement or is in an area 
under the jurisdiction of a nation other than the United States without 
an authorization by that nation to fish in that area, all the fishing 
gear and fishing equipment on the fishing vessel shall be stowed in a 
manner so as not to be readily available for fishing, specifically:
    (1) If the fishing vessel is used for purse seining and equipped 
with purse seine gear, the boom must be lowered as far as possible so 
that the vessel cannot be used for fishing but so that the skiff is 
accessible for use in emergency situations; the helicopter, if any, must 
be tied down; and the launches must be secured.
    (2) If the fishing vessel is used for longlining and equipped with 
longline gear, the branch or dropper lines and floats used to buoy the 
mainline must be stowed and not available for immediate use, and any 
power-operated mainline hauler on deck must be covered in such a manner 
that it is not readily available for use.
    (3) If the fishing vessel is used for trolling and equipped with 
troll gear, no lines or hooks may be placed in the water; if outriggers 
are present on the vessel, they must be secured in a vertical position; 
if any power-operated haulers are located on deck they must be covered 
in such a manner that they are not readily available for use.
    (4) If the fishing vessel is used for pole-and-line fishing and 
equipped with pole-and-line gear, any poles rigged with lines and hooks 
must be stowed in such a manner that they are not readily available for 
use.
    (5) For any other type of fishing vessel, all the fishing gear and 
equipment on the vessel must be stowed in a manner so as not to be 
readily available for use.
    (d) For the purpose of this section, the meaning of transshipment 
does not include transfers that exclusively involve fish that have been 
previously landed and processed.

[75 FR 3354, Jan. 21, 2010]



Sec. 300.222  Prohibitions.

    In addition to the prohibitions in Sec. 300.4, it is unlawful for 
any person to:
    (a) Fail to obtain and have on board a fishing vessel a valid WCPFC 
Area Endorsement as required in Sec. 300.212.
    (b) Fail to report a change in the information required in an 
application

[[Page 1129]]

for a WCPFC Area Endorsement as required in Sec. 300.212(g).
    (c) Fail to provide information on vessels and fishing 
authorizations or fail to report changes in such information as required 
in Sec. 300.213.
    (d) Fish for, retain on board, or land fish, including HMS, in areas 
under the jurisdiction of a nation other than the United States without 
authorization by such nation to do so, as provided in Sec. 
300.214(a)(1) and (b)(1).
    (e) Operate a fishing vessel in violation of, or fail to ensure the 
vessel crew complies with, the applicable national laws of a member of 
the Commission other than the United States, including any laws related 
to carrying vessel observers or the operation of VMS units, as provided 
in Sec. 300.214(a)(2) and (b)(2).
    (f) Fail to carry, allow on board, or assist a WCPFC observer as 
required in Sec. 300.215.
    (g) Assault, obstruct, resist, delay, refuse boarding to, 
intimidate, harass, or interfere with a WCPFC observer, or attempt to do 
any of the same, or fail to provide a WCPFC observer with food, 
accommodation or medical facilities, as required in Sec. 300.215.
    (h) Offload, receive, or load fish from a purse seine vessel at sea 
in the Convention Area, in contravention of Sec. 300.216.
    (i) Fail to mark a fishing vessel or a boat, skiff, or other 
watercraft on board the fishing vessel as required in Sec. 300.217, or 
remove, obscure, or obstruct such markings, or attempt to do so.
    (j) Fail to maintain and report catch and effort information or 
transshipment information as required in Sec. 300.218.
    (k) Fail to install, activate, or operate a VMS unit as required in 
Sec. 300.219(c).
    (l) In the event of VMS unit failure or interruption, fail to repair 
or replace a VMS unit, fail to notify the SAC and follow the 
instructions provided, or otherwise fail to act as provided in Sec. 
300.219(c)(4).
    (m) Disable, destroy, damage or operate improperly a VMS unit 
installed under Sec. 300.219, or attempt to do any of the same, or fail 
to ensure that its operation is not impeded or interfered with, as 
provided in Sec. 300.219(e).
    (n) Fail to make a VMS unit installed under Sec. 300.219 or the 
position data obtained from it available for inspection, as provided in 
Sec. 300.219(f) and (g).
    (o) Fail to carry on board and monitor communication devices as 
required in Sec. 300.219(h).
    (p) Fail to carry on board and make available the required vessel 
documentation and authorizations as required in Sec. 300.221(a)(1).
    (q) Fail to continuously monitor the specified radio frequencies as 
required in Sec. 300.221(a)(2).
    (r) Fail to carry on board, and keep accessible, an up-to-date copy 
of the International Code of Signals as required in Sec. 300.221(a)(3).
    (s) Fail to provide access to, or fail to allow and assist, a WCPFC 
transshipment monitor as required in Sec. 300.221(a)(4).
    (t) Fail to comply with the instructions of, or fail to accept and 
facilitate prompt and safe boarding by, a WCPFC inspector, or fail to 
cooperate and assist a WCPFC inspector in the inspection of a fishing 
vessel, as provided in Sec. 300.221(b).
    (u) Fail to stow fishing gear or fishing equipment as required in 
Sec. 300.221(c).
    (v) Use a fishing vessel equipped with purse seine gear to fish in 
the ELAPS while the fishery is closed under Sec. 300.223(a).
    (w) Set a purse seine around, near or in association with a FAD or 
deploy or service a FAD in contravention of Sec. 300.223(b).
    (x) Use a fishing vessel equipped with purse seine gear to fish in 
an area closed under Sec. 300.223(c).
    (y) Discard fish at sea in the ELAPS in contravention of Sec. 
300.223(d).
    (z) Fail to carry an observer as required in Sec. 300.223(e).
    (aa) Fail to comply with the sea turtle mitigation gear and handling 
requirements of Sec. 300.223(f).
    (bb) Use a fishing vessel to retain on board, transship, or land 
bigeye tuna captured by longline gear in the Convention Area or to fish 
in contravention of Sec. 300.224(e)(1) or (e)(2).
    (cc) Use a fishing vessel to fish in the Pacific Ocean using 
longline gear both inside and outside the Convention Area

[[Page 1130]]

on the same fishing trip in contravention of Sec. 300.224(e)(3).
    (dd) Fail to stow longline gear as required in Sec. 300.224(e)(4).

[74 FR 38554, Aug. 4, 2009, as amended at 74 FR 64010, Dec. 7, 2009; 75 
FR 3355, Jan. 21, 2010]



Sec. 300.223  Purse seine fishing restrictions.

    All dates used in this section are in Universal Coordinated Time, 
also known as UTC; for example: the year 2009 starts at 00:00 on January 
1, 2009 UTC and ends at 24:00 on December 31, 2009 UTC; and August 1, 
2009, begins at 00:00 UTC and ends at 24:00 UTC.
    (a) Fishing effort limits. This section establishes limits on the 
number of fishing days that fishing vessels of the United States 
equipped with purse seine gear may collectively spend in the ELAPS.
    (1) The limits are as follows:
    (i) For each of the years 2009, 2010, and 2011, there is a limit of 
3,882 fishing days.
    (ii) For each of the two-year periods 2009-2010 and 2010-2011, there 
is a limit of 6,470 fishing days.
    (iii) For the three-year period 2009-2011, there is a limit of 7,764 
fishing days.
    (2) NMFS will determine the number of fishing days spent in the 
ELAPS in each of the applicable time periods using data submitted in 
logbooks and other available information. After NMFS determines that the 
limit in any applicable time period is expected to be reached by a 
specific future date, and at least seven calendar days in advance of the 
closure date, NMFS will publish a notice in the Federal Register 
announcing that the purse seine fishery in the ELAPS will be closed 
starting on that specific future date and will remain closed until the 
end of the applicable time period.
    (3) Once a fishery closure is announced pursuant to paragraph (a)(2) 
of this section, fishing vessels of the United States equipped with 
purse seine gear may not be used to fish in the ELAPS during the period 
specified in the Federal Register notice.
    (b) Use of fish aggregating devices. From August 1 through September 
30, 2009, and from July 1 through September 30 in each of 2010 and 2011, 
owners, operators, and crew of fishing vessels of the United States 
shall not do any of the following in the Convention Area:
    (1) Set a purse seine around a FAD or within one nautical mile of a 
FAD.
    (2) Set a purse seine in a manner intended to capture fish that have 
aggregated in association with a FAD, such as by setting the purse seine 
in an area from which a FAD has been moved or removed within the 
previous eight hours, or setting the purse seine in an area in which a 
FAD has been inspected or handled within the previous eight hours, or 
setting the purse seine in an area into which fish were drawn by a 
vessel from the vicinity of a FAD.
    (3) Deploy a FAD into the water.
    (4) Repair, clean, maintain, or otherwise service a FAD, including 
any electronic equipment used in association with a FAD, in the water or 
on a vessel while at sea, except that:
    (i) A FAD may be inspected and handled as needed to identify the 
owner of the FAD, identify and release incidentally captured animals, 
un-foul fishing gear, or prevent damage to property or risk to human 
safety; and
    (ii) A FAD may be removed from the water and if removed may be 
cleaned, provided that it is not returned to the water.
    (c) Closed areas. (1) Effective January 1, 2010, through December 
31, 2011, a fishing vessel of the United States may not be used to fish 
with purse seine gear on the high seas within either Area A or Area B, 
the respective boundaries of which are the four lines connecting, in the 
most direct fashion, the coordinates specified as follows:
    (i) Area A: 7[deg] N. latitude and 134[deg] E. longitude; 7[deg] N. 
latitude and 153[deg] E. longitude; 0[deg] latitude and 153[deg] E. 
longitude; and 0[deg] latitude and 134[deg] E. longitude.
    (ii) Area B: 4[deg] N. latitude and 156[deg] E. longitude; 4[deg] N. 
latitude and 176[deg] E. longitude; 12[deg] S. latitude and 176[deg] E. 
longitude; and 12[deg] S. latitude and 156[deg] E. longitude.
    (2) NMFS may, through publication of a notice in the Federal 
Register, nullify any or all of the area closures specified in paragraph 
(c)(1) of this section.

[[Page 1131]]

    (d) Catch retention. (1) Based on its determination as to whether an 
adequate number of WCPFC observers is available for the purse seine 
vessels of all Members of the Commission as necessary to ensure 
compliance by such vessels with the catch retention requirements 
established by the Commission, NMFS will, through publication of a 
notice in the Federal Register, announce the effective date of the 
provisions of paragraph (d) of this section. The effective date will be 
no earlier than January 1, 2010.
    (2) If, after announcing the effective date of the these 
requirements under paragraph (1) of this section, NMFS determines that 
there is no longer an adequate number of WCPFC observers available for 
the purse seine vessels of all Members of the Commission as necessary to 
ensure compliance by such vessels with the catch retention requirements 
established by the Commission, NMFS may, through publication of a notice 
in the Federal Register, nullify any or all of the requirements 
specified in paragraph (d) of this section.
    (3) Effective from the date announced pursuant to paragraph (d)(1) 
of this section through December 31, 2011, a fishing vessel of the 
United States equipped with purse seine gear may not discard at sea 
within the Convention Area any bigeye tuna (Thunnus obesus), yellowfin 
tuna (Thunnus albacares), or skipjack tuna (Katsuwonus pelamis), except 
in the following circumstances and with the following conditions:
    (i) Fish that are unfit for human consumption, including but not 
limited to fish that are spoiled, pulverized, severed, or partially 
consumed at the time they are brought on board, may be discarded.
    (ii) If at the end of a fishing trip there is insufficient well 
space to accommodate all the fish captured in a given purse seine set, 
fish captured in that set may be discarded, provided that no additional 
purse seine sets are made during the fishing trip.
    (iii) If a serious malfunction of equipment occurs that necessitates 
that fish be discarded.
    (e) Observer coverage. (1) From August 1 through September 30, 2009, 
a fishing vessel of the United States that is equipped with purse seine 
gear may not be used to fish in the Convention Area without a WCPFC 
observer or an observer deployed by NMFS on board. This requirement does 
not apply to fishing trips that meet any of the following conditions:
    (i) The portion of the fishing trip within the Convention Area takes 
place entirely within areas under U.S. jurisdiction or entirely within 
areas under jurisdiction of a single nation other than the United 
States.
    (ii) No fishing takes place during the fishing trip in the 
Convention Area in the area between 20[deg] N. latitude and 20[deg] S. 
latitude.
    (iii) The Pacific Islands Regional Administrator has determined that 
an observer is not available for the fishing trip and a written copy of 
the Pacific Islands Regional Administrator's determination, which must 
include the approximate start date of the fishing trip and the port of 
departure, is carried on board the fishing vessel during the entirety of 
the fishing trip.
    (2) Effective January 1, 2010, through December 31, 2011, a fishing 
vessel of the United States may not be used to fish with purse seine 
gear in the Convention Area without a WCPFC observer on board. This 
requirement does not apply to fishing trips that meet any of the 
following conditions:
    (i) The portion of the fishing trip within the Convention Area takes 
place entirely within areas under U.S. jurisdiction or entirely within 
the areas under jurisdiction of a single nation other than the United 
States.
    (ii) No fishing takes place during the fishing trip in the 
Convention Area in the area between 20[deg] N. latitude and 20[deg] S. 
latitude.
    (iii) The Pacific Islands Regional Administrator has determined that 
a WCPFC observer is not available for the fishing trip and a written 
copy of the Pacific Islands Regional Administrator's determination, 
which must include the approximate start date of the fishing trip and 
the port of departure, is carried on board the fishing vessel during the 
entirety of the fishing trip.
    (3) Owners, operators, and crew of fishing vessels subject to 
paragraphs

[[Page 1132]]

(e)(1) or (e)(2) of this section must accommodate WCPFC observers in 
accordance with the provisions of Sec. 300.215(c).
    (4) Meeting any of the conditions in paragraphs (e)(1)(i), 
(e)(1)(ii), (e)(1)(iii), (e)(2)(i), (e)(2)(ii), or (e)(2)(iii) of this 
section does not exempt a fishing vessel from having to carry and 
accommodate a WCPFC observer pursuant to Sec. 300.215 or other 
applicable regulations.
    (f) Sea turtle take mitigation measures. (1) Possession and use of 
required mitigation gear. Any owner or operator of a fishing vessel of 
the United States equipped with purse seine gear that is used to fish in 
the Convention Area must carry aboard the vessel the following gear:
    (i) Dip net. A dip net is intended to facilitate safe handling of 
sea turtles and access to sea turtles for purposes of removing sea 
turtles from fishing gear, bringing sea turtles aboard the vessel when 
appropriate, and releasing sea turtles from the vessel. The minimum 
design standards for dip nets that meet the requirements of this section 
are:
    (A) An extended reach handle. The dip net must have an extended 
reach handle with a minimum length of 150 percent of the freeboard 
height. The extended reach handle must be made of wood or other rigid 
material able to support a minimum of 100 lb (34.1 kg) without breaking 
or significant bending or distortion.
    (B) Size of dip net. The dip net must have a net hoop of at least 31 
inches (78.74 cm) inside diameter and a bag depth of at least 38 inches 
(96.52 cm). The bag mesh openings may be no more than 3 inches 3 inches 
(7.62 cm 7.62 cm) in size.
    (ii) Optional turtle hoist. A turtle hoist is used for the same 
purpose as a dip net. It is not a required piece of gear, but a turtle 
hoist may be carried on board and used instead of the dip net to handle 
sea turtles as required in paragraph (f)(2) of this section. The minimum 
design standards for turtle hoists that are used instead of dip nets to 
meet the requirements of this section are:
    (A) Frame and net. The turtle hoist must consist of one or more 
rigid frames to which a bag of mesh netting is securely attached. The 
frame or smallest of the frames must have a minimum opening (e.g., 
inside diameter, if circular in shape) of 31 inches (78.74 cm) and be 
capable of supporting a minimum of 100 lb (34.1 kg). The frame or frames 
may be hinged or otherwise designed so they can be folded for ease of 
storage, provided that they have no sharp edges and can be quickly 
reassembled. The bag mesh openings may be no more than 3 inches x 3 
inches (7.62 cm x 7.62 cm) in size.
    (B) Lines. Lines used to lower and raise the frame and net must be 
securely attached to the frame in multiple places such that the frame 
remains stable when lowered and raised.
    (2) Handling requirements. Any owner or operator of a fishing vessel 
of the United States equipped with purse seine gear that is used to fish 
in the Convention Area must, if a sea turtle is observed to be enclosed 
or entangled in a purse seine, a FAD, or other fishing gear, comply with 
these handling requirements, including using the required mitigation 
gear specified in paragraph (f)(1) of this section as prescribed in 
these handling requirements. Any captured or entangled sea turtle must 
be handled in a manner to minimize injury and promote survival.
    (i) Sea turtles enclosed in purse seines. If the sea turtle is 
observed enclosed in a purse seine but not entangled, it must be 
released immediately from the purse seine with the dip net or turtle 
hoist.
    (ii) Sea turtles entangled in purse seines. If the sea turtle is 
observed entangled in a purse seine, the net roll must be stopped as 
soon as the sea turtle comes out of the water, and must not start again 
until the turtle has been disentangled and released. The sea turtle must 
be handled and released in accordance with paragraphs (f)(2)(iv), 
(f)(2)(v), (f)(2)(vi), and (f)(2)(vii) of this section.
    (iii) Sea turtles entangled in FADs. If the sea turtle is observed 
entangled in a FAD, it must be disentangled or the FAD must be cut 
immediately so as to remove the sea turtle. The sea turtle must be 
handled and released in accordance with paragraphs (f)(2)(iv), 
(f)(2)(v), (f)(2)(vi), and (f)(2)(vii) of this section.

[[Page 1133]]

    (iv) Disentangled sea turtles that cannot be brought aboard. After 
disentanglement, if the sea turtle is not already on board the vessel 
and it is too large to be brought aboard or cannot be brought aboard 
without sustaining further injury, it shall be left where it is in the 
water, or gently moved, using the dip net or turtle hoist if necessary, 
to an area away from the fishing gear and away from the propeller.
    (v) Disentangled sea turtles that can be brought aboard. After 
disentanglement, if the sea turtle is not too large to be brought aboard 
and can be brought aboard without sustaining further injury, the 
following actions shall be taken:
    (A) Using the dip net or a turtle hoist, the sea turtle must be 
brought aboard immediately; and
    (B) The sea turtle must be handled in accordance with the procedures 
in paragraphs (f)(2)(vi) and (f)(2)(vii) of this section.
    (vi) Sea turtle resuscitation. If a sea turtle brought aboard 
appears dead or comatose, the following actions must be taken:
    (A) The sea turtle must be placed on its belly (on the bottom shell 
or plastron) so that it is right side up and its hindquarters elevated 
at least 6 inches (15.24 cm) for a period of no less than 4 hours and no 
more than 24 hours. The amount of the elevation varies with the size of 
the sea turtle; greater elevations are needed for larger sea turtles;
    (B) A reflex test must be administered at least once every 3 hours. 
The test is to be performed by gently touching the eye and pinching the 
tail of a sea turtle to determine if the sea turtle is responsive;
    (C) The sea turtle must be kept shaded and damp or moist (but under 
no circumstances place the sea turtle into a container holding water). A 
water-soaked towel placed over the eyes (not covering the nostrils), 
carapace and flippers is the most effective method of keeping a sea 
turtle moist; and
    (D) If the sea turtle revives and becomes active, it must be 
returned to the sea in the manner described in paragraph (f)(2)(vii) of 
this section. Sea turtles that fail to revive within the 24-hour period 
must also be returned to the sea in the manner described in paragraph 
(f)(2)(vii) of this section, unless NMFS requests that the turtle or 
part thereof be kept on board and delivered to NMFS for research 
purposes.
    (vii) Sea turtle release. After handling a sea turtle in accordance 
with the requirements of paragraphs (f)(2)(v) and (f)(2)(vi) of this 
section, the sea turtle must be returned to the ocean after 
identification unless NMFS requests the retention of a dead sea turtle 
for research. In releasing a sea turtle the vessel owner or operator 
must:
    (A) Place the vessel engine in neutral gear so that the propeller is 
disengaged and the vessel is stopped;
    (B) Using the dip net or a turtle hoist to release the sea turtle 
with little impact, gently release the sea turtle away from any deployed 
gear; and
    (C) Observe that the turtle is safely away from the vessel before 
engaging the propeller and continuing operations.
    (viii) Other sea turtle requirements. No sea turtle, including a 
dead turtle, may be consumed or sold. A sea turtle may be landed, 
offloaded, transshipped or kept below deck only if NMFS requests the 
retention of a dead sea turtle or a part thereof for research.

[74 FR 38554, Aug. 4, 2009]



Sec. 300.224  Longline fishing restrictions.

    (a) For each of the years 2009, 2010, and 2011, there is a limit of 
3,763 metric tons of bigeye tuna that may be captured in the Convention 
Area by longline gear and retained on board by fishing vessels of the 
United States during the calendar year.
    (b) Bigeye tuna landed in American Samoa, Guam, or the Commonwealth 
of the Northern Mariana Islands will not be counted against the limits 
established under paragraph (a) of this section, provided that:
    (1) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago; and
    (2) The bigeye tuna were landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec. 660.707 or Sec. 
665.21 of this title.

[[Page 1134]]

    (c) Bigeye tuna caught by a vessel registered for use under a valid 
American Samoa Longline Limited Access Permit issued under Sec. 
665.21(c) of this title will not be counted against the limits 
established under paragraph (a) of this section, provided that:
    (1) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago; and
    (2) The bigeye tuna were landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec. 660.707 or Sec. 
665.21 of this title.
    (d) NMFS will monitor retained catches of bigeye tuna with respect 
to the limit established under paragraph (a) of this section in each of 
the calendar years using data submitted in logbooks and other available 
information. After NMFS determines that the limit in any of the 
applicable years is expected to be reached by a specific future date, 
and at least seven calendar days in advance of that specific future 
date, NMFS will publish a notice in the Federal Register announcing that 
specific prohibitions will be in effect starting on that specific future 
date and ending at the end of the calendar year.
    (e) Once an announcement is made pursuant to paragraph (d) of this 
section, the following restrictions will apply during the period 
specified in the announcement:
    (1) A fishing vessel of the United States may not be used to retain 
on board, transship, or land bigeye tuna captured by longline gear in 
the Convention Area, except as follows:
    (i) Any bigeye tuna already on board a fishing vessel upon the 
effective date of the prohibitions may be retained on board, 
transshipped, and/or landed, to the extent authorized by applicable laws 
and regulations, provided that they are landed within 14 days after the 
prohibitions become effective. The 14-day landing requirement does not 
apply to a vessel that has declared to NMFS, pursuant to Sec. 665.23(a) 
of this title, that the current trip type is shallow-setting.
    (ii) Bigeye tuna captured by longline gear may be retained on board, 
transshipped, and/or landed if they are landed in American Samoa, Guam, 
or the Commonwealth of the Northern Mariana Islands, provided that:
    (A) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago;
    (B) Such retention, transshipment, and/or landing is in compliance 
with applicable laws and regulations; and
    (C) The bigeye tuna are landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec. 660.707 or Sec. 
665.21 of this title.
    (iii) Bigeye tuna captured by longline gear may be retained on 
board, transshipped, and/or landed if they are caught by a vessel 
registered for use under a valid American Samoa Longline Limited Access 
Permit issued under Sec. 665.21(c) of this title, provided that:
    (A) The bigeye tuna were not caught in the portion of the EEZ 
surrounding the Hawaiian Archipelago;
    (B) Such retention, transshipment, and/or landing is in compliance 
with applicable laws and regulations; and
    (C) The bigeye tuna are landed by a fishing vessel operated in 
compliance with a valid permit issued under Sec. 660.707 or Sec. 
665.21 of this title.
    (2) Bigeye tuna caught by longline gear in the Convention Area may 
not be transshipped to a fishing vessel unless that fishing vessel is 
operated in compliance with a valid permit issued under Sec. 660.707 or 
Sec. 665.21 of this title.
    (3) A fishing vessel of the United States, other than a vessel 
meeting the requirements of paragraphs (e)(1)(ii) or (e)(1)(iii) of this 
section or a vessel for which a declaration has been made to NMFS, 
pursuant to Sec. 665.23(a) of this title, that the current trip type is 
shallow-setting, may not be used to fish in the Pacific Ocean using 
longline gear both inside and outside the Convention Area during the 
same fishing trip, with the exception of a fishing trip during which the 
prohibitions were put into effect as announced under paragraph (d) of 
this section, in which case the bigeye tuna on board the vessel may be 
retained on board, transshipped, and/or landed, to the extent authorized 
by applicable laws and regulations, provided that they are landed within 
14 days after the prohibitions become effective.
    (4) If a fishing vessel of the United States, other than a vessel 
meeting the

[[Page 1135]]

requirements of paragraphs (e)(1)(ii) or (e)(1)(iii) of this section or 
a vessel for which a declaration has been made to NMFS, pursuant to 
Sec. 665.23(a) of this title, that the current trip type is shallow-
setting, is used to fish in the Pacific Ocean using longline gear 
outside the Convention Area and the vessel enters the Convention Area at 
any time during the same fishing trip, the longline gear on the fishing 
vessel must, while in the Convention Area, be stowed in a manner so as 
not to be readily available for fishing; specifically, the hooks, branch 
or dropper lines, and floats used to buoy the mainline must be stowed 
and not available for immediate use, and any power-operated mainline 
hauler on deck must be covered in such a manner that it is not readily 
available for use.

[74 FR 64010, Dec. 7, 2009]



                  Subpart P_Vessels on IUU Vessel Lists

    Source: 75 FR 59142, Sept. 27, 2010, unless otherwise noted.



Sec. 300.300  Purpose and scope.

    (a) This subpart implements internationally-adopted measures 
pertaining to foreign vessels determined to have engaged in illegal, 
unreported, and unregulated (IUU) fishing and placed on IUU vessel lists 
of the:
    (1) International Commission for the Conservation of Atlantic Tunas 
(ICCAT),
    (2) Commission for the Conservation of Antarctic Marine Living 
Resources (CCAMLR),
    (3) Northwest Atlantic Fisheries Organization (NAFO),
    (4) Western and Central Pacific Fisheries Commission (WCPFC),
    (5) Inter-American Tropical Tuna Commission (IATTC), and
    (6) Parties to the Agreement on the International Dolphin 
Conservation Program (AIDCP).
    (b) For purposes of this subpart, the above organizations are 
referred to as regional fishery management organizations (RFMOs). Each 
of these RFMOs adopts or approves an IUU vessel list in accordance with 
their respective rules and procedures. The lists are publicly available 
at each RFMO's Web site. The regulations in this subpart apply to all 
persons subject to the jurisdiction of the United States, wherever they 
are.



Sec. 300.301  Definitions.

    In addition to the terms defined in Sec. 300.2, the terms used in 
this subpart have the following meanings.
    Landing means to begin to offload fish, or to offload fish from any 
vessel.
    Listed IUU Vessel means a vessel that is included on a final IUU 
vessel list adopted or approved by an RFMO to which the United States is 
a party.
    Processing means the preparation or packaging of fish to render it 
suitable for human consumption, retail sale, industrial uses or long-
term storage, including, but not limited to, cooking, canning, smoking, 
salting, drying, filleting, freezing, or rendering into meal or oil.
    Transshipping means the offloading, unloading, or transferring of 
fish or fish products from one vessel to another.



Sec. 300.302  Port entry by foreign, listed IUU vessels.

    The Assistant Administrator may, in accordance with applicable 
provisions of RFMO conservation and management measures, deny a foreign, 
listed IUU vessel entry to any port or place subject to the jurisdiction 
of the United States, except in cases of force majeure.



Sec. 300.303  Port access by foreign, listed IUU vessels.

    If a foreign, listed IUU vessel is allowed to enter a port or place 
subject to the jurisdiction of the United States, the Assistant 
Administrator may, in accordance with applicable provisions of RFMO 
conservation and management measures, take one or more of the following 
actions:
    (a) Inspect the vessel;
    (b) Deny the vessel access to port services, including but not 
limited to refueling, resupplying, or disembarking or embarking of crew; 
or
    (c) Prohibit the vessel from engaging in commercial transactions 
including, but not limited to, transshipping or landing product.

[[Page 1136]]



Sec. 300.304  Prohibitions.

    (a) It is unlawful for a foreign, listed IUU vessel denied entry 
under Sec. 300.302 to enter any port or place subject to the 
jurisdiction of the United States.
    (b) It is unlawful for any foreign, listed IUU vessel to obtain port 
services or engage in commercial transactions, or attempt to obtain such 
services or engage in such transactions, if such activities have been 
denied or prohibited under Sec. 300.303(b) and/or Sec. 300.303(c), or 
if the vessel has been denied entry under Sec. 300.302.
    (c) It is unlawful for any person, without prior authorization from 
the Assistant Administrator, to engage in commercial transactions with 
listed IUU vessels. Such transactions include, but are not limited to:
    (1) Transshipment;
    (2) Processing fish harvested or landed by a listed IUU vessel or 
processing fish using a listed IUU vessel;
    (3) Joint fishing operations;
    (4) Providing supplies, fuel, crew, or otherwise supporting a listed 
IUU vessel; or
    (5) Chartering or entering in a chartering arrangement with a listed 
IUU vessel.
    (d) The prohibitions listed in Sec. 300.304(c) shall not apply when 
the Assistant Administrator has authorized a listed IUU vessel to access 
such port services or engage in such commercial transactions, in 
accordance with applicable provisions of RFMO conservation and 
management measures, including in cases of force majeure and where the 
Assistant Administrator has determined that such services are essential 
to the safety, health, and welfare of the crew.

[[Page 1137]]



CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 
   DEPARTMENT OF THE INTERIOR AND NATIONAL MARINE FISHERIES SERVICE, 
   
     NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF 
           COMMERCE); ENDANGERED SPECIES COMMITTEE REGULATIONS




  --------------------------------------------------------------------

                              SUBCHAPTER A
Part                                                                Page
401             Anadromous fisheries conservation, 
                    development and enhancement.............        1139
402             Interagency cooperation--Endangered Species 
                    Act of 1973, as amended.................        1142
403             Transfer of marine mammal management 
                    authority to States.....................        1160
404             Northwestern Hawaiian Islands Marine 
                    National Monument.......................        1168
424             Listing endangered and threatened species 
                    and designating critical habitat........        1189
                         SUBCHAPTER B [RESERVED]
           SUBCHAPTER C--ENDANGERED SPECIES EXEMPTION PROCESS
450             General provisions..........................        1198
451             Application procedure.......................        1199
452             Consideration of application by the 
                    Secretary...............................        1201
453             Endangered Species Committee................        1204

[[Page 1139]]



                              SUBCHAPTER A





PART 401_ANADROMOUS FISHERIES CONSERVATION, DEVELOPMENT AND
ENHANCEMENT--Table of Contents



Sec.
401.1 Administration.
401.2 Definitions.
401.3 Submission of documents.
401.4 Activities prohibited.
401.5 Coordination with States.
401.6 Prosecution of work.
401.7 General information for the Secretary.
401.8 Availability of funds.
401.9 Payments to cooperators.
401.10 Request for payment.
401.11 Property as matching funds.
401.12 Ownership of property.
401.13 Personnel.
401.14 Inspection.
401.15 Record retention.
401.16 Records and reporting.
401.17 Safety and accident prevention.
401.18 Contracts.
401.19 Statements and payrolls.
401.20 Officials not to benefit.
401.21 Patents and inventions.
401.22 Civil rights.
401.23 Audits.

    Authority: Anadromous Fish Conservation Act (79 Stat. 1125, as 
amended, 84 Stat. 214, 88 Stat. 398), 16 U.S.C. 757a-757f.

    Source: 40 FR 26678, June 25, 1975, unless otherwise noted.



Sec. 401.1  Administration.

    The Director of the U.S. Fish and Wildlife Service and the Director 
of the National Marine Fisheries Service shall jointly administer the 
Anadromous Fish Conservation Act for the Secretaries.



Sec. 401.2  Definitions.

    As used in this part, terms shall have the meanings ascribed in this 
section.
    (a) Secretary. The Secretary of Commerce, the Secretary of the 
Interior, or their authorized representatives.
    (b) Act. The Anadromous Fish Conservation Act, 16 U.S.C. 757a 
through 757f.
    (c) Eligible states. Any coastal State of the United States, the 
State of Vermont, and the States bordering the Great Lakes. The area 
within the Columbia River basin is excluded.
    (d) State fishery agency. Any department(s), division(s), commis- 
sion(s), or official(s) of a State empowered under its laws to regulate 
a commercial or sport fishery.
    (e) Non-Federal interest. Any organization, association, 
institution, business, school, individual, or group of individuals, 
municipality and others outside the Federal Government, in addition to 
State fishery agencies, which desire to cooperate within the terms of 
the Act.
    (f) Cooperator. One or more States acting jointly or severally or 
other non-Federal interests, participating in a project agreement or 
grant-in-aid award with the Secretary.
    (g) Anadromous fish. Aquatic, gill breathing, vertebrate animals 
bearing paired fins which migrate to and spawn in fresh water, but which 
spend part of their life in an oceanic environment; also fish in the 
Great Lakes that ascend streams to spawn.
    (h) Application for Federal assistance. A description of work to be 
accomplished, including objectives and needs, expected results and 
benefits, approach, cost, location and time required for completion.
    (i) Project agreement. The formal document executed between the 
Secretary of the Interior and the Cooperator, committing the Cooperator 
to the performance of described activities and the Federal Government to 
participation in the financing of those activities.
    (j) Grant-in-Aid award. The formal document executed between the 
Secretary of Commerce and the Cooperator, committing the Cooperator to 
the performance of described activities and the Federal Government to 
participation in the financing of those activities.



Sec. 401.3  Submission of documents.

    Applications for Federal assistance and other documents for projects 
relating generally to recreational fisheries shall be submitted to the 
concerned Regional Office of the U.S. Fish and Wildlife Service, or for 
projects relating generally to commercial fisheries of the concerned 
Regional Office of the National Marine Fisheries Service.

[[Page 1140]]



Sec. 401.4  Activities prohibited.

    Law enforcement, public relations, harvesting, marketing and 
processing activities, construction of fisherman use facilities, and 
activities concerned with landlocked anadromous fish populations (except 
fish in the Great Lakes that ascend streams to spawn) may not be 
financed under the Act.



Sec. 401.5  Coordination with States.

    The Secretary will approve an Application For Federal Assistance 
only after he has coordinated the application with the State office 
established to review applications under Executive Order 12372 (if the 
State has established such an office and wishes to review these 
applications) and other non-Federal entities which have management 
authority over the resource to be affected.

[48 FR 29137, June 24, 1983]



Sec. 401.6  Prosecution of work.

    (a) Project work shall be carried through to a state of completion 
acceptable to the Secretary with reasonable promptness. Failure to 
render satisfactory performance reports or failure to complete the 
project to the satisfaction of the Secretary shall be cause for 
suspension of Federal assistance for the project until the project 
provisions are satisfactorily met. Federal assistance may be terminated 
upon determination by the Secretary that satisfactory progress has not 
been maintained. The Secretary shall have the right to inspect and 
review work at any time.
    (b) Research and development work shall be continuously coordinated 
by the Cooperator with studies conducted by others to avoid unnecessary 
duplication.
    (c) All work shall be performed in accordance with applicable local 
laws, except when in conflict with Federal laws or regulations, in which 
case Federal laws or regulations shall prevail.



Sec. 401.7  General information for the Secretary.

    Before any Federal funds may be obligated for any project an 
applicant shall furnish to the Secretary, upon his request, information 
regarding the laws affecting anadromous fish and the authority of the 
applicant to participate in the benefits of the Act.
    (a) Document signature. Individuals authorized to sign project 
documents under the Commercial Fisheries Research and Development Act of 
1964 (78 Stat. 197, as amended), 16 U.S.C. 779 through 779f, or the 
Federal Aid in Sport Fish Restoration Act (64 Stat. 430, as amended), 16 
U.S.C. 777 through 777f, may likewise sign project documents 
contemplated in this part.
    (b) Program information. The Secretary may, from time to time, 
request, and the Cooperators shall furnish, information relating to the 
administration and maintenance of any project established under the Act.



Sec. 401.8  Availability of funds.

    The period of availability of funds to the States or other non-
Federal interests for obligation shall be established by the 
administering Federal agency.



Sec. 401.9  Payments to cooperators.

    Payments shall be made to Cooperators in accordance with provisions 
of grant-in-aid awards or project agreements.



Sec. 401.10  Request for payment.

    Request for payment shall be on forms provided by the Secretary, 
certified as therein prescribed, and submitted to the Regional Director 
by the Cooperator.



Sec. 401.11  Property as matching funds.

    The non-Federal share of the cost of projects may be in the form of 
real or personal property. Specific procedures to be used by grantees in 
placing the value on real or personal property for matching funds are 
set forth in Attachment F of Federal Management Circular 74-7.



Sec. 401.12  Ownership of property.

    When real property is acquired pursuant to the provisions of the 
Act, title to such property, or interests therein, shall be vested in 
the United States, and the conveying instrument shall recite the United 
States of America as the grantee. However, if the Secretary determines 
that under the terms of the application for Federal assistance and

[[Page 1141]]

grant-in-aid award or project agreement, the intent and purpose of the 
Act may be better served by other ownership of such property, an 
appropriate transfer may be made. When real or personal property is 
utilized as matching funds, title to such property shall be in the 
Cooperator unless otherwise specified in the grant-in-aid award or 
project agreement.



Sec. 401.13  Personnel.

    The Cooperator shall maintain an adequate and competent force of 
employees to initiate and carry approved work to satisfactory 
completion.



Sec. 401.14  Inspection.

    Cooperator supervision of each project shall include adequate and 
continuous inspection. The project will be subject at all times to 
Federal inspection.



Sec. 401.15  Record retention.

    All records of accounts and reports with supporting documentation 
thereto, as set forth in Attachment C of Federal Management Circular 74-
7, will be retained by the Cooperator for a period of 3 years after 
submission of the final expenditure report on the project. Record 
retention for a period longer than 3 years is required if audit findings 
have not been resolved.



Sec. 401.16  Records and reporting.

    Performance reports and other reports shall be furnished as 
requested by the Secretary. Cost records shall be maintained separately 
for each project. The accounts and records maintained by the Cooperator, 
together with all supporting documents, shall be open at all times to 
the inspection of authorized representatives of the United States, and 
copies thereof shall be furnished when requested.

(Approved by the Office of Management and Budget under control number 
0648-0102)

[40 FR 26678, June 25, 1975, as amended at 48 FR 57302, Dec. 29, 1983]



Sec. 401.17  Safety and accident prevention.

    In the performance of each project, the Cooperator shall comply with 
all applicable Federal, State, and local laws governing safety, health 
and sanitation.



Sec. 401.18  Contracts.

    A Cooperator may use its own regulations or guidelines in obtaining 
services by contract or otherwise, provided that they adhere to 
applicable Federal laws, regulations, policies, guidelines, and 
requirements, as set forth in Attachment 0 of Federal Management 
Circular 74-7. However, the Cooperator is the responsible authority, 
without recourse to the Federal agency, regarding the settlement of such 
contractual issues.



Sec. 401.19  Statements and payrolls.

    The regulations of the Secretary of Labor applicable to contractors 
and subcontractors (29 CFR part 3), made pursuant to the Copeland 
``Anti-Kickback'' Act (18 U.S.C. 874), as amended, are made a part of 
the regulations in this part by reference. The Cooperator will comply 
with the regulations in this part and any amendments or modifications 
thereof, and the Cooperator's prime contractor will be responsible for 
the submission of statements required of subcontractors thereunder. The 
foregoing shall apply except as the Secretary of Labor may specifically 
provide for reasonable limitation, variations, tolerances, and 
exemptions.



Sec. 401.20  Officials not to benefit.

    No Member of, or Delegate to, Congress, or resident Commissioner, 
shall be admitted to any share or any part of any project agreement made 
under the Act, or to any benefit that may arise therefrom. This 
provision shall not be construed to extend to this agreement if made 
with a corporation for its general benefit.



Sec. 401.21  Patents and inventions.

    Determination of the patent rights in any inventions or discoveries 
resulting from work under project agreements entered into pursuant to 
the Act shall be consistent with the ``Government Patent Policy'' 
(President's memorandum for Heads of Executive Departments and Agencies, 
August 23, 1971, and statement of Government Patent Policy as printed in 
36 FR 16889).

[[Page 1142]]



Sec. 401.22  Civil rights.

    Each application for Federal assistance, grant-in-aid award, or 
project agreement shall be supported by a statement of assurances 
executed by the Cooperator providing that the project will be carried 
out in accordance with title VI, Nondiscrimination in federally Assisted 
Programs of the Civil Rights Act of 1964 and with the Secretary's 
regulations promulgated thereunder.



Sec. 401.23  Audits.

    The State is required to conduct an audit at least every two years 
in accordance with the provisions of Attachment P OMB Circular A-102. 
Failure to conduct audits as required may result in withholding of grant 
payments or such other sanctions as the Secretary may deem appropriate.

[49 FR 30074, July 26, 1984]



PART 402_INTERAGENCY COOPERATION_ENDANGERED SPECIES ACT OF 1973,
AS AMENDED--Table of Contents



                            Subpart A_General

Sec.
402.01 Scope.
402.02 Definitions.
402.03 Applicability.
402.04 Counterpart regulations.
402.05 Emergencies.
402.06 Coordination with other environmental reviews.
402.07 Designation of lead agency.
402.08 Designation of non-Federal representative.
402.09 Irreversible or irretrievable commitment of resources.

                    Subpart B_Consultation Procedures

402.10 Conference on proposed species or proposed critical habitat.
402.11 Early consultation.
402.12 Biological assessments.
402.13 Informal consultation.
402.14 Formal consultation.
402.15 Responsibilities of Federal agency following issuance of a 
          biological opinion.
402.16 Reinitiation of formal consultation.

  Subpart C_Counterpart Regulations For Implementing the National Fire 
                                  Plan

402.30 Definitions.
402.31 Purpose.
402.32 Scope.
402.33 Procedures.
402.34 Oversight.

    Subpart D_Counterpart Regulations Governing Actions by the U.S. 
Environmental Protection Agency Under the Federal Insecticide, Fungicide 
                           and Rodenticide Act

402.40 Definitions.
402.41 Purpose.
402.42 Scope and applicability
402.43 Interagency exchanges of information.
402.44 Advance coordination for FIFRA actions.
402.45 Alternative consultation on FIFRA actions that are not likely to 
          adversely affect listed species or critical habitat.
402.46 Optional formal consultation procedure for FIFRA actions.
402.47 Special consultation procedures for complex FIFRA actions.
402.48 Conference on proposed species or proposed critical habitat.

    Authority: 16 U.S.C. 1531 et seq.

    Source: 51 FR 19957, June 3, 1986, unless otherwise noted.



                            Subpart A_General



Sec. 402.01  Scope.

    (a) This part interprets and implements sections 7(a)-(d) [16 U.S.C. 
1536(a)-(d)] of the Endangered Species Act of 1973, as amended 
(``Act''). Section 7(a) grants authority to and imposes requirements 
upon Federal agencies regarding endangered or threatened species of 
fish, wildlife, or plants (``listed species'') and habitat of such 
species that has been designated as critical (``critical habitat''). 
Section 7(a)(1) of the Act directs Federal agencies, in consultation 
with and with the assistance of the Secretary of the Interior or of 
Commerce, as appropriate, to utilize their authorities to further the 
purposes of the Act by carrying out conservation programs for listed 
species. Such affirmative conservation programs must comply with 
applicable permit requirements (50 CFR parts 17, 220, 222, and 227) for 
listed species and should be coordinated with the appropriate Secretary. 
Section 7(a)(2) of the Act requires every Federal agency, in 
consultation with and with the assistance of the Secretary, to insure 
that

[[Page 1143]]

any action it authorizes, funds, or carries out, in the United States or 
upon the high seas, is not likely to jeopardize the continued existence 
of any listed species or results in the destruction or adverse 
modification of critical habitat. Section 7(a)(3) of the Act authorizes 
a prospective permit or license applicant to request the issuing Federal 
agency to enter into early consultation with the Service on a proposed 
action to determine whether such action is likely to jeopardize the 
continued existence of listed species or result in the destruction or 
adverse modification of critical habitat. Section 7(a)(4) of the Act 
requires Federal agencies to confer with the Secretary on any action 
that is likely to jeopardize the continued existence of proposed species 
or result in the destruction or adverse modification of proposed 
critical habitat. Section 7(b) of the Act requires the Secretary, after 
the conclusion of early or formal consultation, to issue a written 
statement setting forth the Secretary's opinion detailing how the agency 
action affects listed species or critical habitat Biological assessments 
are required under section 7(c) of the Act if listed species or critical 
habitat may be present in the area affected by any major construction 
activity as defined in Sec. 404.02. Section 7(d) of the Act prohibits 
Federal agencies and applicants from making any irreversible or 
irretrievable commitment of resources which has the effect of 
foreclosing the formulation or implementation of reasonable and prudent 
alternatives which would avoid jeopardizing the continued existence of 
listed species or resulting in the destruction or adverse modification 
of critical habitat. Section 7(e)-(o)(1) of the Act provide procedures 
for granting exemptions from the requirements of section 7(a)(2). 
Regulations governing the submission of exemption applications are found 
at 50 CFR part 451, and regulations governing the exemption process are 
found at 50 CFR parts 450, 452, and 453.
    (b) The U.S. Fish and Wildlife Service (FWS) and the National Marine 
Fisheries Service (NMFS) share responsibilities for administering the 
Act. The Lists of Endangered and Threatened Wildlife and Plants are 
found in 50 CFR 17.11 and 17.12 and the designated critical habitats are 
found in 50 CFR 17.95 and 17.96 and 50 CFR part 226. Endangered or 
threatened species under the jurisdiction of the NMFS are located in 50 
CFR 222.23(a) and 227.4. If the subject species is cited in 50 CFR 
222.23(a) or 227.4, the Federal agency shall contact the NMFS. For all 
other listed species the Federal Agency shall contact the FWS.



Sec. 402.02  Definitions.

    Act means the Endangered Species Act of 1973, as amended, 16 U.S.C. 
1531 et seq.
    Action means all activities or programs of any kind authorized, 
funded, or carried out, in whole or in part, by Federal agencies in the 
United States or upon the high seas. Examples include, but are not 
limited to:
    (a) actions intended to conserve listed species or their habitat;
    (b) the promulgation of regulations;
    (c) the granting of licenses, contracts, leases, easements, rights-
of-way, permits, or grants-in-aid; or
    (d) actions directly or indirectly causing modifications to the 
land, water, or air.
    Action area means all areas to be affected directly or indirectly by 
the Federal action and not merely the immediate area involved in the 
action.
    Applicant refers to any person, as defined in section 3(13) of the 
Act, who requires formal approval or authorization from a Federal agency 
as a prerequisite to conducting the action.
    Biological assessment refers to the information prepared by or under 
the direction of the Federal agency concerning listed and proposed 
species and designated and proposed critical habitat that may be present 
in the action area and the evaluation potential effects of the action on 
such species and habitat.
    Biological opinion is the document that states the opinion of the 
Service as to whether or not the Federal action is likely to jeopardize 
the continued existence of listed species or result in the destruction 
or adverse modification of critical habitat.
    Conference is a process which involves informal discussions between 
a Federal agency and the Service under section

[[Page 1144]]

7(a)(4) of the Act regarding the impact of an action on proposed species 
or proposed critical habitat and recommendations to minimize or avoid 
the adverse effects.
    Conservation recommendations are suggestions of the Service 
regarding discretionary measures to minimize or avoid adverse effects of 
a proposed action on listed species or critical habitat or regarding the 
development of information.
    Critical habitat refers to an area designated as critical habitat 
listed in 50 CFR parts 17 or 226.
    Cumulative effects are those effects of future State or private 
activities, not involving Federal activities, that are reasonably 
certain to occur within the action area of the Federal action subject to 
consultation.
    Designated non-Federal representative refers to a person designated 
by the Federal agency as its representative to conduct informal 
consultation and/or to prepare any biological assessment.
    Destruction or adverse modification means a direct or indirect 
alteration that appreciably diminishes the value of critical habitat for 
both the survival and recovery of a listed species. Such alterations 
include, but are not limited to, alterations adversely modifying any of 
those physical or biological features that were the basis for 
determining the habitat to be critical.
    Director refers to the Assistant Administrator for Fisheries for the 
National Oceanic and Atmospheric Administration, or his authorized 
representative; or the Fish and Wildlife Service regional director, or 
his authorized representative, for the region where the action would be 
carried out.
    Early consultation is a process requested by a Federal agency on 
behalf of a prospective applicant under section 7(a)(3) of the Act.
    Effects of the action refers to the direct and indirect effects of 
an action on the species or critical habitat, together with the effects 
of other activities that are interrelated or interdependent with that 
action, that will be added to the environmental baseline. The 
environmental baseline includes the past and present impacts of all 
Federal, State, or private actions and other human activities in the 
action area, the anticipated impacts of all proposed Federal projects in 
the action area that have already undergone formal or early section 7 
consultation, and the impact of State or private actions which are 
contemporaneous with the consultation in process. Indirect effects are 
those that are caused by the proposed action and are later in time, but 
still are reasonably certain to occur. Interrelated actions are those 
that are part of a larger action and depend on the larger action for 
their justification. Interdependent actions are those that have no 
independent utility apart from the action under consideration.
    Formal consultation is a process between the Service and the Federal 
agency that commences with the Federal agency's written request for 
consultation under section 7(a)(2) of the Act and concludes with the 
Service's issuance of the biological opinion under section 7(b)(3) of 
the Act.
    Incidental take refers to takings that result from, but are not the 
purpose of, carrying out an otherwise lawful activity conducted by the 
Federal agency or applicant.
    Informal consultation is an optional process that includes all 
discussions, correspondence, etc., between the Service and the Federal 
agency or the designated non-Federal representative prior to formal 
consultation, if required.
    Jeopardize the continued existence of means to engage in an action 
that reasonably would be expected, directly or indirectly, to reduce 
appreciably the likelihood of both the survival and recovery of a listed 
species in the wild by reducing the reproduction, numbers, or 
distribution of that species.
    Listed species means any species of fish, wildlife, or plant which 
has been determined to be endangered or threatened under section 4 of 
the Act. Listed species are found in 50 CFR 17.11-17.12.
    Major construction activity is a construction project (or other 
undertaking having similar physical impacts) which is a major Federal 
action significantly affecting the quality of the human environment as 
referred to in the National Environmental Policy Act [NEPA, 42 U.S.C. 
4332(2)(C)].

[[Page 1145]]

    Preliminary biological opinion refers to an opinion issued as a 
result of early consultation.
    Proposed critical habitat means habitat proposed in the Federal 
Register to be designated or revised as critical habitat under section 4 
of the Act for any listed or proposed species.
    Proposed species means any species of fish, wildlife, or plant that 
is proposed in the Federal Register to be listed under section 4 of the 
Act.
    Reasonable and prudent alternatives refer to alternative actions 
identified during formal consultation that can be implemented in a 
manner consistent with the intended purpose of the action, that can be 
implemented consistent with the scope of the Federal agency's legal 
authority and jurisdiction, that is economically and technologically 
feasible, and that the Director believes would avoid the likelihood of 
jeopardizing the continued existence of listed species or resulting in 
the destruction or adverse modification of critical habitat.
    Reasonable and prudent measures refer to those actions the Director 
believes necessary or appropriate to minimize the impacts, i.e., amount 
or extent, of incidental take.
    Recovery means improvement in the status of listed species to the 
point at which listing is no longer appropriate under the criteria set 
out in section 4(a)(1) of the Act.
    Service means the U.S. Fish and Wildlife Service or the National 
Marine Fisheries Service, as appropriate.

[51 FR 19957, June 3, 1986, as amended at 73 FR 76286, Dec 16, 2008; 74 
FR 20422, May 4, 2009]



Sec. 402.03  Applicability.

    Section 7 and the requirements of this part apply to all actions in 
which there is discretionary Federal involvement or control.

[74 FR 20423, May 4, 2009]



Sec. 402.04  Counterpart regulations.

    The consultation procedures set forth in this part may be superseded 
for a particular Federal agency by joint counterpart regulations among 
that agency, the Fish and Wildlife Service, and the National Marine 
Fisheries Service. Such counterpart regulations shall be published in 
the Federal Register in proposed form and shall be subject to public 
comment for at least 60 days before final rules are published.



Sec. 402.05  Emergencies.

    (a) Where emergency circumstances mandate the need to consult in an 
expedited manner, consultation may be conducted informally through 
alternative procedures that the Director determines to be consistent 
with the requirements of sections 7(a)-(d) of the Act. This provision 
applies to situations involving acts of God, disasters, casualties, 
national defense or security emergencies, etc.
    (b) Formal consultation shall be initiated as soon as practicable 
after the emergency is under control. The Federal agency shall submit 
information on the nature of the emergency action(s), the justification 
for the expedited consultation, and the impacts to endangered or 
threatened species and their habitats. The Service will evaluate such 
information and issue a biological opinion including the information and 
recommendations given during the emergency consultation.



Sec. 402.06  Coordination with other environmental reviews.

    (a) Consultation, conference, and biological assessment procedures 
under section 7 may be consolidated with interagency cooperation 
procedures required by other statutes, such as the National 
Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq., implemented at 
40 CFR Parts 1500-1508) or the Fish and Wildlife Coordination Act (FWCA) 
(16 U.S.C. 661 et seq.). Satisfying the requirements of these other 
statutes, however, does not in itself relieve a Federal agency of its 
obligations to comply with the procedures set forth in this part or the 
substantive requirements of section 7. The Service will attempt to 
provide a coordinated review and analysis of all environmental 
requirements.
    (b) Where the consultation or conference has been consolidated with 
the interagency cooperation procedures required by other statutes such 
as NEPA

[[Page 1146]]

or FWCA, the results should be included in the documents required by 
those statutes.



Sec. 402.07  Designation of lead agency.

    When a particular action involves more than one Federal agency, the 
consultation and conference responsibilities may be fulfilled through a 
lead agency. Factors relevant in determining an appropriate lead agency 
include the time sequence in which the agencies would become involved, 
the magnitude of their respective involvement, and their relative 
expertise with respect to the environmental effects of the action. The 
Director shall be notified of the designation in writing by the lead 
agency.



Sec. 402.08  Designation of non-Federal representative.

    A Federal agency may designate a non-Federal representative to 
conduct informal consultation or prepare a biological assessment by 
giving written notice to the Director of such designation. If a permit 
or license applicant is involved and is not the designated non-Federal 
representative, then the applicant and Federal agency must agree on the 
choice of the designated non-Federal representative. If a biological 
assessment is prepared by the designated non-Federal representative, the 
Federal agency shall furnish guidance and supervision and shall 
independently review and evaluate the scope and contents of the 
biological assessment. The ultimate responsibility for compliance with 
section 7 remains with the Federal agency.



Sec. 402.09  Irreversible or irretrievable commitment of resources.

    After initiation or reinitiation of consultation required under 
section 7(a)(2) of the Act, the Federal agency and any applicant shall 
make no irreversible or irretrievable commitment of resources with 
respect to the agency action which has the effect of foreclosing the 
formulation or implementation of any reasonable and prudent alternatives 
which would avoid violating section 7(a)(2). This prohibition is in 
force during the consultation process and continues until the 
requirements of section 7(a)(2) are satisfied. This provision does not 
apply to the conference requirement for proposed species or proposed 
critical habitat under section 7(a)(4) of the Act.



                    Subpart B_Consultation Procedures



Sec. 402.10  Conference on proposed species or proposed critical habitat.

    (a) Each Federal agency shall confer with the Service on any action 
which is likely to jeopardize the continued existence of any proposed 
species or result in the destruction or adverse modification of proposed 
critical habitat. The conference is designed to assist the Federal 
agency and any applicant in identifying and resolving potential 
conflicts at an early stage in the planning process.
    (b) The Federal agency shall initiate the conference with the 
Director. The Service may request a conference if, after a review of 
available information, it determines that a conference is required for a 
particular action.
    (c) A conference between a Federal agency and the Service shall 
consist of informal discussions concerning an action that is likely to 
jeopardize the continued existence of the proposed species or result in 
the destruction or adverse modification of the proposed critical habitat 
at issue. Applicants may be involved in these informal discussions to 
the greatest extent practicable. During the conference, the Service will 
make advisory recommendations, if any, on ways to minimize or avoid 
adverse effects. If the proposed species is subsequently listed or the 
proposed critical habitat is designated prior to completion of the 
action, the Federal agency must review the action to determine whether 
formal consultation is required.
    (d) If requested by the Federal agency and deemed appropriate by the 
Service, the conference may be conducted in accordance with the 
procedures for formal consultation in Sec. 402.14. An opinion issued at 
the conclusion of the conference may be adopted as the biological 
opinion when the species is listed or critical habitat is designated, 
but only

[[Page 1147]]

if no significant new information is developed (including that developed 
during the rulemaking process on the proposed listing or critical 
habitat designation) and no significant changes to the Federal action 
are made that would alter the content of the opinion. An incidental take 
statement provided with a conference opinion does not become effective 
unless the Service adopts the opinion once the listing is final.
    (e) The conclusions reached during a conference and any 
recommendations shall be documented by the Service and provided to the 
Federal agency and to any applicant. The style and magnitude of this 
document will vary with the complexity of the conference. If formal 
consultation also is required for a particular action, then the Service 
will provide the results of the conference with the biological opinion.



Sec. 402.11  Early consultation.

    (a) Purpose. Early consultation is designed to reduce the likelihood 
of conflicts between listed species or critical habitat and proposed 
actions and occurs prior to the filing of an application for a Federal 
permit or license. Although early consultation is conducted between the 
Service and the Federal agency, the prospective applicant should be 
involved throughout the consultation process.
    (b) Request by prospective applicant. If a prospective applicant has 
reason to believe that the prospective action may affect listed species 
or critical habitat, it may request the Federal agency to enter into 
early consultation with the Service. The prospective applicant must 
certify in writing to the Federal agency that (1) it has a definitive 
proposal outlining the action and its effects and (2) it intends to 
implement its proposal, if authorized.
    (c) Initiation of early consultation. If the Federal agency receives 
the prospective applicant's certification in paragraph (b) of this 
section, then the Federal agency shall initiate early consultation with 
the Service. This request shall be in writing and contain the 
information outlined in Sec. 402.14(c) and, if the action is a major 
construction activity, the biological assessment as outlined in Sec. 
402.12.
    (d) Procedures and responsibilities. The procedures and 
responsibilities for early consultation are the same as outlined in 
Sec. 402.14(c)-(j) for formal consultation, except that all references 
to the ``applicant'' shall be treated as the ``prospective applicant'' 
and all references to the ``biological opinion'' or the ``opinion'' 
shall be treated as the ``preliminary biological opinion'' for the 
purpose of this section.
    (e) Preliminary biological opinion. The contents and conclusions of 
a preliminary biological opinion are the same as for a biological 
opinion issued after formal consultation except that the incidental take 
statement provided with a preliminary biological opinion does not 
constitute authority to take listed species.
    (f) Confirmation of preliminary biological opinion as final 
biological opinion. A preliminary biological opinion may be confirmed as 
a biological opinion issued after formal consultation if the Service 
reviews the proposed action and finds that there have been no 
significant changes in the action as planned or in the information used 
during the early consultation. A written request for confirmation of the 
preliminary biological opinion should be submitted after the prospective 
applicant applies to the Federal agency for a permit or license but 
prior to the issuance of such permit or license. Within 45 days of 
receipt of the Federal agency's request, the Service shall either:
    (1) Confirm that the preliminary biological opinion stands as a 
final biological opinion; or
    (2) If the findings noted above cannot be made, request that the 
Federal agency initiate formal consultation.



Sec. 402.12  Biological assessments.

    (a) Purpose. A biological assessment shall evaluate the potential 
effects of the action on listed and proposed species and designated and 
proposed critical habitat and determine whether any such species or 
habitat are likely to be adversely affected by the action and is used in 
determining whether formal consultation or a conference is necessary.
    (b) Preparation requirement. (1) The procedures of this section are 
required

[[Page 1148]]

for Federal actions that are ``major construction activities''; provided 
that a contract for construction was not entered into or actual 
construction was not begun on or before November 10, 1978. Any person, 
including those who may wish to apply for an exemption from section 
7(a)(2) of the Act, may prepare a biological assessment under the 
supervision of the Federal agency and in cooperation with the Service 
consistent with the procedures and requirements of this section. An 
exemption from the requirements of section 7(a)(2) is not permanent 
unless a biological assessment has been prepared.
    (2) The biological assessment shall be completed before any contract 
for construction is entered into and before construction is begun.
    (c) Request for information. The Federal agency or the designated 
non-Federal representative shall convey to the Director either (1) a 
written request for a list of any listed or proposed species or 
designated or proposed critical habitat that may be present in the 
action area; or (2) a written notification of the species and critical 
habitat that are being included in the biological assessment.
    (d) Director's response. Within 30 days of receipt of the 
notification of, or the request for, a species list, the Director shall 
either concur with or revise the list or, in those cases where no list 
has been provided, advise the Federal agency or the designated non-
Federal representative in writing whether, based on the best scientific 
and commercial data available, any listed or proposed species or 
designated or proposed critical habitat may be present in the action 
area. In addition to listed and proposed species, the Director will 
provide a list of candidate species that may be present in the action 
area. Candidate species refers to any species being considered by the 
Service for listing as endangered or threatened species but not yet the 
subject of a proposed rule. Although candidate species have no legal 
status and are accorded no protection under the Act, their inclusion 
will alert the Federal agency of potential proposals or listings.
    (1) If the Director advises that no listed species or critical 
habitat may be present, the Federal agency need not prepare a biological 
assessment and further consultation is not required. If only proposed 
species or proposed critical habitat may be present in the action area, 
then the Federal agency must confer with the Service if required under 
Sec. 402.10, but preparation of a biological assessment is not required 
unless the proposed listing and/or designation becomes final.
    (2) If a listed species or critical habitat may be present in the 
action area, the Director will provide a species list or concur with the 
species list provided. The Director also will provide available 
information (or references thereto) regarding these species and critical 
habitat, and may recommend discretionary studies or surveys that may 
provide a better information base for the preparation of an assessment. 
Any recommendation for studies or surveys is not to be construed as the 
Service's opinion that the Federal agency has failed to satisfy the 
information standard of section 7(a)(2) of the Act.
    (e) Verification of current accuracy of species list. If the Federal 
agency or the designated non-Federal representative does not begin 
preparation of the biological assessment within 90 days of receipt of 
(or concurrence with) the species list, the Federal agency or the 
designated non-Federal representative must verify (formally or 
informally) with the Service the current accuracy of the species list at 
the time the preparation of the assessment is begun.
    (f) Contents. The contents of a biological assessment are at the 
discretion of the Federal agency and will depend on the nature of the 
Federal action. The following may be considered for inclusion:
    (1) The results of an on-site inspection of the area affected by the 
action to determine if listed or proposed species are present or occur 
seasonally.
    (2) The views of recognized experts on the species at issue.
    (3) A review of the literature and other information.
    (4) An analysis of the effects of the action on the species and 
habitat, including consideration of cumulative effects, and the results 
of any related studies.

[[Page 1149]]

    (5) An analysis of alternate actions considered by the Federal 
agency for the proposed action.
    (g) Incorporation by reference. If a proposed action requiring the 
preparation of a biological assessment is identical, or very similar, to 
a previous action for which a biological assessment was prepared, the 
Federal agency may fulfill the biological assessment requirement for the 
proposed action by incorporating by reference the earlier biological 
assessment, plus any supporting data from other documents that are 
pertinent to the consultation, into a written certification that:
    (1) The proposed action involves similar impacts to the same species 
in the same geographic area;
    (2) No new species have been listed or proposed or no new critical 
habitat designated or proposed for the action area; and
    (3) The biological assessment has been supplemented with any 
relevant changes in information.
    (h) Permit requirements. If conducting a biological assessment will 
involve the taking of a listed species, a permit under section 10 of the 
Act (16 U.S.C. 1539) and part 17 of this title (with respect to species 
under the jurisdiction of the FWS) or parts 220, 222, and 227 of this 
title (with respect to species under the jurisdiction of the NMFS) is 
required.
    (i) Completion time. The Federal agency or the designated non- 
Federal representative shall complete the biological assessment within 
180 days after its initiation (receipt of or concurrence with the 
species list) unless a different period of time is agreed to by the 
Director and the Federal agency. If a permit or license applicant is 
involved, the 180-day period may not be extended unless the agency 
provides the applicant, before the close of the 180-day period, with a 
written statement setting forth the estimated length of the proposed 
extension and the reasons why such an extension is necessary.
    (j) Submission of biological assessment. The Federal agency shall 
submit the completed biological assessment to the Director for review. 
The Director will respond in writing within 30 days as to whether or not 
he concurs with the findings of the biological assessment. At the option 
of the Federal agency, formal consultation may be initiated under Sec. 
402.14(c) concurrently with the submission of the assessment.
    (k) Use of the biological assessment. (1) The Federal agency shall 
use the biological assessment in determining whether formal consultation 
or a conference is required under Sec. 402.14 or Sec. 402.10, 
respectively. If the biological assessment indicates that there are no 
listed species or critical habitat present that are likely to be 
adversely affected by the action and the Director concurs as specified 
in paragraph (j) of this section, then formal consultation is not 
required. If the biological assessment indicates that the action is not 
likely to jeopardize the continued existence of proposed species or 
result in the destruction or adverse modification of proposed critical 
habitat, and the Director concurs, then a conference is not required.
    (2) The Director may use the results of the biological assessment in 
(i) determining whether to request the Federal agency to initiate formal 
consultation or a conference, (ii) formulating a biological opinion, or 
(iii) formulating a preliminary biological opinion.



Sec. 402.13  Informal consultation.

    (a) Informal consultation is an optional process that includes all 
discussions, correspondence, etc., between the Service and the Federal 
agency or the designated non-Federal representative, designed to assist 
the Federal agency in determining whether formal consultation or a 
conference is required. If during informal consultation it is determined 
by the Federal agency, with the written concurrence of the Service, that 
the action is not likely to adversely affect listed species or critical 
habitat, the consultation process is terminated, and no further action 
is necessary.
    (b) During informal consultation, the Service may suggest 
modifications to the action that the Federal agency and any applicant 
could implement to avoid the likelihood of adverse effects to listed 
species or critical habitat.

[74 FR 20423, May 4, 2009]

[[Page 1150]]



Sec. 402.14  Formal consultation.

    (a) Requirement for formal consultation. Each Federal agency shall 
review its actions at the earliest possible time to determine whether 
any action may affect listed species or critical habitat. If such a 
determination is made, formal consultation is required, except as noted 
in paragraph (b) of this section. The Director may request a Federal 
agency to enter into consultation if he identifies any action of that 
agency that may affect listed species or critical habitat and for which 
there has been no consultation. When such a request is made, the 
Director shall forward to the Federal agency a written explanation of 
the basis for the request.
    (b) Exceptions. (1) A Federal agency need not initiate formal 
consultation if, as a result of the preparation of a biological 
assessment under Sec. 402.12 or as a result of informal consultation 
with the Service under Sec. 402.13, the Federal agency determines, with 
the written concurrence of the Director, that the proposed action is not 
likely to adversely affect any listed species or critical habitat.
    (2) A Federal agency need not initiate formal consultation if a 
preliminary biological opinion, issued after early consultation under 
Sec. 402.11, is confirmed as the final biological opinion.
    (c) Initiation of formal consultation. A written request to initiate 
formal consultation shall be submitted to the Director and shall 
include:
    (1) A description of the action to be considered;
    (2) A description of the specific area that may be affected by the 
action;
    (3) A description of any listed species or critical habitat that may 
be affected by the action;
    (4) A description of the manner in which the action may affect any 
listed species or critical habitat and an analysis of any cumulative 
effects;
    (5) Relevant reports, including any environmental impact statement, 
environmental assessment, or biological assessment prepared; and
    (6) Any other relevant available information on the action, the 
affected listed species, or critical habitat.

Formal consultation shall not be initiated by the Federal agency until 
any required biological assessment has been completed and submitted to 
the Director in accordance with Sec. 402.12. Any request for formal 
consultation may encompass, subject to the approval of the Director, a 
number of similar individual actions within a given geographical area or 
a segment of a comprehensive plan. This does not relieve the Federal 
agency of the requirements for considering the effects of the action as 
a whole.
    (d) Responsibility to provide best scientific and commercial data 
available. The Federal agency requesting formal consultation shall 
provide the Service with the best scientific and commercial data 
available or which can be obtained during the consultation for an 
adequate review of the effects that an action may have upon listed 
species or critical habitat. This information may include the results of 
studies or surveys conducted by the Federal agency or the designated 
non-Federal representative. The Federal agency shall provide any 
applicant with the opportunity to submit information for consideration 
during the consultation.
    (e) Duration and extension of formal consultation. Formal 
consultation concludes within 90 days after its initiation unless 
extended as provided below. If an applicant is not involved, the Service 
and the Federal agency may mutually agree to extend the consultation for 
a specific time period. If an applicant is involved, the Service and the 
Federal agency may mutually agree to extend the consultation provided 
that the Service submits to the applicant, before the close of the 90 
days, a written statement setting forth:
    (1) The reasons why a longer period is required,
    (2) The information that is required to complete the consultation, 
and
    (3) The estimated date on which the consultation will be completed.

A consultation involving an applicant cannot be extended for more than 
60 days without the consent of the applicant. Within 45 days after 
concluding formal consultation, the Service shall deliver a biological 
opinion to the Federal agency and any applicant.

[[Page 1151]]

    (f) Additional data. When the Service determines that additional 
data would provide a better information base from which to formulate a 
biological opinion, the Director may request an extension of formal 
consultation and request that the Federal agency obtain additional data 
to determine how or to what extent the action may affect listed species 
or critical habitat. If formal consultation is extended by mutual 
agreement according to Sec. 402.14(e), the Federal agency shall obtain, 
to the extent practicable, that data which can be developed within the 
scope of the extension. The responsibility for conducting and funding 
any studies belongs to the Federal agency and the applicant, not the 
Service. The Service's request for additional data is not to be 
construed as the Service's opinion that the Federal agency has failed to 
satisfy the information standard of section 7(a)(2) of the Act. If no 
extension of formal consultation is agreed to, the Director will issue a 
biological opinion using the best scientific and commercial data 
available.
    (g) Service responsibilities. Service responsibilities during formal 
consultation are as follows:
    (1) Review all relevant information provided by the Federal agency 
or otherwise available. Such review may include an on-site inspection of 
the action area with representatives of the Federal agency and the 
applicant.
    (2) Evaluate the current status of the listed species or critical 
habitat.
    (3) Evaluate the effects of the action and cumulative effects on the 
listed species or critical habitat.
    (4) Formulate its biological opinion as to whether the action, taken 
together with cumulative effects, is likely to jeopardize the continued 
existence of listed species or result in the destruction or adverse 
modification of critical habitat.
    (5) Discuss with the Federal agency and any applicant the Service's 
review and evaluation conducted under paragraphs (g)(1) through (3) of 
this section, the basis for any finding in the biological opinion, and 
the availability of reasonable and prudent alternatives (if a jeopardy 
opinion is to be issued) that the agency and the applicant can take to 
avoid violation of section 7(a)(2). The Service will utilize the 
expertise of the Federal agency and any applicant in identifying these 
alternatives. If requested, the Service shall make available to the 
Federal agency the draft biological opinion for the purpose of analyzing 
the reasonable and prudent alternatives. The 45-day period in which the 
biological opinion must be delivered will not be suspended unless the 
Federal agency secures the written consent of the applicant to an 
extension to a specific date. The applicant may request a copy of the 
draft opinion from the Federal agency. All comments on the draft 
biological opinion must be submitted to the Service through the Federal 
agency, although the applicant may send a copy of its comments directly 
to the Service. The Service will not issue its biological opinion prior 
to the 45-day or extended deadline while the draft is under review by 
the Federal agency. However, if the Federal agency submits comments to 
the Service regarding the draft biological opinion within 10 days of the 
deadline for issuing the opinion, the Service is entitled to an 
automatic 10-day extension on the deadline.
    (6) Formulate discretionary conservation recommendations, if any, 
which will assist the Federal agency in reducing or eliminating the 
impacts that its proposed action may have on listed species or critical 
habitat.
    (7) Formulate a statement concerning incidental take, if such take 
may occur.
    (8) In formulating its biological opinion, any reasonable and 
prudent alternatives, and any reasonable and prudent measures, the 
Service will use the best scientific and commercial data available and 
will give appropriate consideration to any beneficial actions taken by 
the Federal agency or applicant, including any actions taken prior to 
the initiation of consultation.
    (h) Biological opinions. The biological opinion shall include:
    (1) A summary of the information on which the opinion is based;
    (2) A detailed discussion of the effects of the action on listed 
species or critical habitat; and
    (3) The Service's opinion on whether the action is likely to 
jeopardize the continued existence of a listed species

[[Page 1152]]

or result in the destruction or adverse modification of critical habitat 
(a ``jeopardy biological opinion''); or, the action is not likely to 
jeopardize the continued existence of a listed species or result in the 
destruction or adverse modification of critical habitat (a ``no 
jeopardy'' biological opinion). A ``jeopardy'' biological opinion shall 
include reasonable and prudent alternatives, if any. If the Service is 
unable to develop such alternatives, it will indicate that to the best 
of its knowledge there are no reasonable and prudent alternatives.
    (i) Incidental take. (1) In those cases where the Service concludes 
that an action (or the implementation of any reasonable and prudent 
alternatives) and the resultant incidental take of listed species will 
not violate section 7(a)(2), and, in the case of marine mammals, where 
the taking is authorized pursuant to section 101(a)(5) of the Marine 
Mammal Protection Act of 1972, the Service will provide with the 
biological opinion a statement concerning incidental take that:
    (i) Specifies the impact, i.e., the amount or extent, of such 
incidental taking on the species;
    (ii) Specifies those reasonable and prudent measures that the 
Director considers necessary or appropriate to minimize such impact;
    (iii) In the case of marine mammals, specifies those measures that 
are necessary to comply with section 101(a)(5) of the Marine Mammal 
Protection Act of 1972 and applicable regulations with regard to such 
taking;
    (iv) Sets forth the terms and conditions (including, but not limited 
to, reporting requirements) that must be complied with by the Federal 
agency or any applicant to implement the measures specified under 
paragraphs (i)(1)(ii) and (i)(1)(iii) of this section; and
    (v) Specifies the procedures to be used to handle or dispose of any 
individuals of a species actually taken.
    (2) Reasonable and prudent measures, along with the terms and 
conditions that implement them, cannot alter the basic design, location, 
scope, duration, or timing of the action and may involve only minor 
changes.
    (3) In order to monitor the impacts of incidental take, the Federal 
agency or any applicant must report the progress of the action and its 
impact on the species to the Service as specified in the incidental take 
statement. The reporting requirements will be established in accordance 
with 50 CFR 13.45 and 18.27 for FWS and 50 CFR 220.45 and 228.5 for 
NMFS.
    (4) If during the course of the action the amount or extent of 
incidental taking, as specified under paragraph (i)(1)(i) of this 
Section, is exceeded, the Federal agency must reinitiate consultation 
immediately.
    (5) Any taking which is subject to a statement as specified in 
paragraph (i)(1) of this section and which is in compliance with the 
terms and conditions of that statement is not a prohibited taking under 
the Act, and no other authorization or permit under the Act is required.
    (j) Conservation recommendations. The Service may provide with the 
biological opinion a statement containing discretionary conservation 
recommendations. Conservation recommendations are advisory and are not 
intended to carry any binding legal force.
    (k) Incremental steps. When the action is authorized by a statute 
that allows the agency to take incremental steps toward the completion 
of the action, the Service shall, if requested by the Federal agency, 
issue a biological opinion on the incremental step being considered, 
including its views on the entire action. Upon the issuance of such a 
biological opinion, the Federal agency may proceed with or authorize the 
incremental steps of the action if:
    (1) The biological opinion does not conclude that the incremental 
step would violate section 7(a)(2);
    (2) The Federal agency continues consultation with respect to the 
entire action and obtains biological opinions, as required, for each 
incremental step;
    (3) The Federal agency fulfills its continuing obligation to obtain 
sufficient data upon which to base the final biological opinion on the 
entire action;
    (4) The incremental step does not violate section 7(d) of the Act 
concerning irreversible or irretrievable commitment of resources; and

[[Page 1153]]

    (5) There is a reasonable likelihood that the entire action will not 
violate section 7(a)(2) of the Act.
    (l) Termination of consultation. (1) Formal consultation is 
terminated with the issuance of the biological opinion.
    (2) If during any stage of consultation a Federal agency determines 
that its proposed action is not likely to occur, the consultation may be 
terminated by written notice to the Service.
    (3) If during any stage of consultation a Federal agency determines, 
with the concurrence of the Director, that its proposed action is not 
likely to adversely affect any listed species or critical habitat, the 
consultation is terminated.

[51 FR 19957, June 3, 1986, as amended at 54 FR 40350, Sept. 29, 1989; 
73 FR 76287, Dec 16, 2008; 74 FR 20423, May 4, 2009]



Sec. 402.15  Responsibilities of Federal agency following issuance 
of a biological opinion.

    (a) Following the issuance of a biological opinion, the Federal 
agency shall determine whether and in what manner to proceed with the 
action in light of its section 7 obligations and the Service's 
biological opinion.
    (b) If a jeopardy biological opinion is issued, the Federal agency 
shall notify the Service of its final decision on the action.
    (c) If the Federal agency determines that it cannot comply with the 
requirements of section 7(a)(2) after consultation with the Service, it 
may apply for an exemption. Procedures for exemption applications by 
Federal agencies and others are found in 50 CFR part 451.



Sec. 402.16  Reinitiation of formal consultation.

    Reinitiation of formal consultation is required and shall be 
requested by the Federal agency or by the Service, where discretionary 
Federal involvement or control over the action has been retained or is 
authorized by law and:
    (a) If the amount or extent of taking specified in the incidental 
take statement is exceeded;
    (b) If new information reveals effects of the action that may affect 
listed species or critical habitat in a manner or to an extent not 
previously considered;
    (c) If the identified action is subsequently modified in a manner 
that causes an effect to the listed species or critical habitat that was 
not considered in the biological opinion; or
    (d) If a new species is listed or critical habitat designated that 
may be affected by the identified action.



  Subpart C_Counterpart Regulations for Implementing the National Fire 
                                  Plan

    Source: 68 FR 68264, Dec. 8, 2003, unless otherwise noted.



Sec. 402.30  Definitions.

    The definitions in Sec. 402.02 are applicable to this subpart. In 
addition, the following definitions are applicable only to this subpart.
    Action Agency refers to the Department of Agriculture Forest Service 
(FS) or the Department of the Interior Bureau of Indian Affairs (BIA), 
Bureau of Land Management (BLM), Fish and Wildlife Service (FWS), or 
National Park Service (NPS).
    Alternative Consultation Agreement (ACA) is the agreement described 
in Sec. 402.33 of this subpart.
    Fire Plan Project is an action determined by the Action Agency to be 
within the scope of the NFP as defined in this section.
    National Fire Plan (NFP) is the September 8, 2000, report to the 
President from the Departments of the Interior and Agriculture entitled 
``Managing the Impact of Wildfire on Communities and the Environment'' 
outlining a new approach to managing fires, together with the 
accompanying budget requests, strategies, plans, and direction, or any 
amendments thereto.
    Service Director refers to the FWS Director or the Assistant 
Administrator for Fisheries for the National Oceanic and Atmospheric 
Administration.



Sec. 402.31  Purpose.

    The purpose of these counterpart regulations is to enhance the 
efficiency and effectiveness of the consultation process under section 7 
of the ESA for

[[Page 1154]]

Fire Plan Projects by providing an optional alternative to the 
procedures found in Sec. Sec. 402.13 and 402.14(b) of this part. These 
regulations permit an Action Agency to enter into an Alternative 
Consultation Agreement (ACA) with the Service, as described in Sec. 
402.33, which will allow the Action Agency to determine that a Fire Plan 
Project is ``not likely to adversely affect'' (NLAA) a listed species or 
designated critical habitat without formal or informal consultation with 
the Service or written concurrence from the Service. An NLAA 
determination for a Fire Plan Project made under an ACA, as described in 
Sec. 402.33, completes the Action Agency's statutory obligation to 
consult with the Service for that Project. In situations where the 
Action Agency does not make an NLAA determination under the ACA, the 
Action Agency would still be required to conduct formal consultation 
with the Service when required by Sec. 402.14. This process will be as 
protective to listed species and designated critical habitat as the 
process established in subpart B of this part. The standards and 
requirements for formal consultation under subpart B for Fire Plan 
Projects that do not receive an NLAA determination are unchanged.



Sec. 402.32  Scope.

    (a) Section 402.33 establishes a process by which an Action Agency 
may determine that a proposed Fire Plan Project is not likely to 
adversely affect any listed species or designated critical habitat 
without conducting formal or informal consultation or obtaining written 
concurrence from the Service.
    (b) Section 402.34 establishes the Service's oversight 
responsibility and the standard for review under this subpart.
    (c) Nothing in this subpart C precludes an Action Agency at its 
discretion from initiating early, informal, or formal consultation as 
described in Sec. Sec. 402.11, 402.13, and 402.14, respectively.
    (d) The authority granted in this subpart is applicable to an Action 
Agency only where the Action Agency has entered into an ACA with the 
Service. An ACA entered into with one Service is valid with regard to 
listed species and designated critical habitat under the jurisdiction of 
that Service whether or not the Action Agency has entered into an ACA 
with the other Service.



Sec. 402.33  Procedures.

    (a) The Action Agency may make an NLAA determination for a Fire Plan 
Project without informal consultation or written concurrence from the 
Director if the Action Agency has entered into and implemented an ACA. 
The Action Agency need not initiate formal consultation on a Fire Plan 
Project if the Action Agency has made an NLAA determination for the 
Project under this subpart. The Action Agency and the Service will use 
the following procedures in establishing an ACA.
    (1) Initiation: The Action Agency submits a written notification to 
the Service Director of its intent to enter into an ACA.
    (2) Development and Adoption of the Alternative Consultation 
Agreement: The Action Agency enters into an ACA with the Service 
Director. The ACA will, at a minimum, include the following components:
    (i) A list or description of the staff positions within the Action 
Agency that will have authority to make NLAA determinations under this 
subpart C.
    (ii) Procedures for developing and maintaining the skills necessary 
within the Action Agency to make NLAA determinations, including a 
jointly developed training program based on the needs of the Action 
Agency.
    (iii) A description of the standards the Action Agency will apply in 
assessing the effects of the action, including direct and indirect 
effects of the action and effects of any actions that are interrelated 
or interdependent with the proposed action.
    (iv) Provisions for incorporating new information and newly listed 
species or designated critical habitat into the Action Agency's effects 
analysis of proposed actions.
    (v) A mutually agreed upon program for monitoring and periodic 
program evaluation to occur at the end of the first year following 
signature of the ACA and periodically thereafter.
    (vi) Provisions for the Action Agency to maintain a list of Fire 
Plan Projects for which the Action Agency has made

[[Page 1155]]

NLAA determinations. The Action Agency will also maintain the necessary 
records to allow the Service to complete the periodic program 
evaluations.
    (3) Training: Upon completion of the ACA, the Action Agency and the 
Service will implement the training program outlined in the ACA to the 
mutual satisfaction of the Action Agency and the Service.
    (b) The Action Agency may, at its discretion, allow any subunit of 
the Action Agency to implement this subpart as soon as the subunit has 
fulfilled the training requirements of the ACA, upon written 
notification to the Service. The Action Agency shall at all times have 
responsibility for the adequacy of all NLAA determinations it makes 
under this subpart.
    (c) The ACA and any related oversight or monitoring reports shall be 
made available to the public through a notice of availability in the 
Federal Register.



Sec. 402.34  Oversight.

    (a) Through the periodic program evaluation set forth in the ACA, 
the Service will determine whether the implementation of this subpart by 
the Action Agency is consistent with the best available scientific and 
commercial information, the ESA, and section 7 regulations.
    (b) The Service Director may use the results of the periodic program 
evaluation described in the ACA to recommend changes to the Action 
Agency's implementation of the ACA. If and as appropriate, the Service 
Director may suspend any subunit participating in the ACA or exclude any 
subunit from the ACA.
    (c) The Service Director retains discretion to terminate the ACA if 
the Action Agency fails to comply with the requirements of this subpart, 
section 7 of the ESA, or the terms of the ACA. Termination, suspension, 
or modification of an ACA does not affect the validity of any NLAA 
determinations made previously under the authority of this subpart.



    Subpart D_Counterpart Regulations Governing Actions by the U.S. 
Environmental Protection Agency Under the Federal Insecticide, Fungicide 
                           and Rodenticide Act

    Source: 69 FR 47759, Aug. 5, 2004, unless otherwise noted.



Sec. 402.40  Definitions.

    The definitions in Sec. 402.02 are applicable to this subpart. In 
addition, the following definitions are applicable only to this subpart.
    (a) Alternative consultation agreement is the agreement described in 
Sec. 402.45.
    (b) Effects determination is a written determination by the U.S. 
Environmental Protection Agency (EPA) addressing the effects of a FIFRA 
action on listed species or critical habitat. The contents of an effects 
determination will depend on the nature of the action. An effects 
determination submitted under Sec. 402.46 or Sec. 402.47 shall contain 
the information described in Sec. 402.14(c)(1)-(6) and a summary of the 
information on which the determination is based, detailing how the FIFRA 
action affects the listed species or critical habitat. EPA may consider 
the following additional sections for inclusion in an effects 
determination:
    (1) A conclusion whether or not the FIFRA action is likely to 
jeopardize the continued existence of any listed species or result in 
the destruction or adverse modification of critical habitat and a 
description of any reasonable and prudent alternatives that may be 
available;
    (2) A description of the impact of any anticipated incidental taking 
of such listed species resulting from the FIFRA action, reasonable and 
prudent measures considered necessary or appropriate to minimize such 
impact, and terms and conditions necessary to implement such measures; 
and
    (3) A summary of any information or recommendations from an 
applicant. An effects determination shall be based on the best 
scientific and commercial data available.
    (c) FIFRA action is an action by EPA to approve, permit or authorize 
the sale, distribution or use of a pesticide

[[Page 1156]]

under sections 136-136y of the Federal Insecticide, Fungicide and 
Rodenticide Act, 7 U.S.C. 136 et seq. (FIFRA). In any consultation under 
this subpart, EPA shall determine the nature and scope of a FIFRA 
action.
    (d) Listed species is a species listed as endangered or threatened 
under section 4 of the Act.
    (e) Partial biological opinion is the document provided under Sec. 
402.47(a), pending the conclusion of consultation under Sec. 402.47(b), 
stating the opinion of the Service as to whether or not a FIFRA action 
is likely to jeopardize the continued existence of one or more listed 
species or result in the destruction or adverse modification of one or 
more critical habitats, and describing the impact of any anticipated 
incidental taking of such listed species resulting from the FIFRA 
action, reasonable and prudent measures considered necessary or 
appropriate to minimize such impact, and terms and conditions necessary 
to implement such measures.
    (f) Service Director refers to the Director of the U.S. Fish and 
Wildlife Service or the Assistant Administrator for Fisheries for the 
National Oceanic and Atmospheric Administration.
    (g) Service Representative is the person or persons designated to 
participate in advance coordination as provided in this subpart.



Sec. 402.41  Purpose.

    The purpose of these counterpart regulations is to enhance the 
efficiency and effectiveness of the existing consultation process under 
section 7 of the Endangered Species Act (Act), 16 U.S.C. 1531 et seq., 
by providing Fish and Wildlife Service and the National Marine Fisheries 
Service (referred to jointly as ``Services'' and individually as 
``Service'') and EPA with additional means to satisfy the requirements 
of section 7(a)(2) of the Act for certain regulatory actions under 
FIFRA. These additional means will permit the Services and EPA to more 
effectively use the scientific and commercial data generated through the 
FIFRA regulatory process as part of the best scientific and commercial 
data available to protect listed species and critical habitat. The 
procedures authorized by these counterpart regulations will be as 
protective of listed species and critical habitat as the process 
established in subpart B of this part.



Sec. 402.42  Scope and applicability.

    (a) Available consultation procedures. This subpart describes 
consultation procedures available to EPA to satisfy the obligations of 
section 7(a)(2) of the Act in addition to those in subpart B of this 
part for FIFRA actions authorized, funded, or carried out by EPA in 
which EPA has discretionary Federal involvement or control. EPA retains 
discretion to initiate early, informal, or formal consultation as 
described in Sec. Sec. 402.11, 402.13, and 402.14 for any FIFRA action. 
The procedures in this subpart may be employed for FIFRA actions as 
follows:
    (1) Interagency exchanges of information under Sec. 402.43 and 
advance coordination under Sec. 402.44 are available for any FIFRA 
action.
    (2) Alternative consultation under Sec. 402.45 is available for a 
listed species or critical habitat if EPA determines the FIFRA action is 
not likely to adversely affect the listed species or critical habitat.
    (3) Optional formal consultation under Sec. 402.46 is available for 
any FIFRA action with respect to any listed species or critical habitat.
    (4) The special procedures in Sec. 402.47 are available for 
consultations on FIFRA actions that will be unusually complex due to 
factors such as the geographic area or number of species that may be 
affected by the action.
    (5) EPA shall engage in consultation as to all listed species and 
critical habitat that may be affected by a FIFRA action, and may in its 
discretion employ more than one of the available consultation procedures 
for a FIFRA action that may affect more than one listed species or 
critical habitat.
    (6) EPA shall engage in consultation on actions involving requests 
for emergency exemptions under section 18 of FIFRA that may affect 
listed species or critical habitat, and may choose to do so under Sec. 
402.05 or other provisions of this subpart or subpart B of this part. 
Any required formal consultation shall be initiated as soon as 
practicable after the emergency is under control.

[[Page 1157]]

For the purposes of Sec. 402.05(b) the definition of formal 
consultation in Sec. 402.02 includes the procedures in Sec. 402.46.
    (7) EPA must prepare a biological assessment for a FIFRA action to 
the extent required by Sec. 402.12.
    (8) EPA must comply with Sec. 402.15 for all FIFRA actions.
    (9) After a consultation under this subpart has been concluded, EPA 
shall reinitiate consultation as required by Sec. 402.16 as soon as 
practicable after a circumstance requiring reinitiation occurs, and may 
employ the procedures in this subpart or subpart B of this part in any 
reinitiated consultation.
    (b) Exchanges of scientific information. As part of any of the 
additional consultation procedures provided in this subpart, EPA and the 
Services shall establish mutually-agreeable procedures for regular and 
timely exchanges of scientific information to achieve accurate and 
informed decision-making under this subpart and to ensure that the FIFRA 
process considers the best scientific and commercial data available on 
listed species and critical habitat in a manner consistent with the 
requirements of FIFRA and ESA.



Sec. 402.43  Interagency exchanges of information.

    EPA may convey to the Service a written request for a list of any 
listed species or critical habitat that may be present in any area that 
may be affected by a FIFRA action. Within 30 days of receipt of such a 
request the Service shall advise EPA in writing whether, based on the 
best scientific and commercial data available, any listed species or 
critical habitat may be present in any such area. EPA may thereafter 
request the Service to provide available information (or references 
thereto) describing the applicable environmental baseline for each 
species or habitat that EPA determines may be affected by a FIFRA 
action, and the Service shall provide such information within 30 days of 
the request.



Sec. 402.44  Advance coordination for FIFRA actions.

    (a) Advance coordination. EPA may request the Service to designate a 
Service Representative to work with EPA in the development of an effects 
determination for one or more listed species or critical habitat. EPA 
shall make such a request in writing and shall provide sufficient detail 
as to a FIFRA action planned for consultation to enable the Service to 
designate a representative with appropriate training and experience who 
shall normally be available to complete advance coordination with EPA 
within 60 days of the date of designation. Within 14 days of receiving 
such a request, the Service shall advise EPA of the designated Service 
Representative.
    (b) Participation of Service Representative in preparation of 
effects determination. The Service Representative designated under 
paragraph (a) of this section shall participate with EPA staff in the 
preparation of the effects determination identified under paragraph (a) 
of this section. EPA shall use its best efforts to include the 
designated Service Representative in all relevant discussions on the 
effects determination, to provide the designated Service Representative 
with access to all documentation used to prepare the effects 
determination, and to provide the designated Service Representative 
office and staff support sufficient to allow the Service Representative 
to participate meaningfully in the preparation of the effects 
determination. EPA shall consider all information timely identified by 
the designated Service Representative during the preparation of the 
effects determination.



Sec. 402.45  Alternative consultation on FIFRA actions that are not
likely to adversely affect listed species or critical habitat.

    (a) Consultation obligations for FIFRA actions that are not likely 
to adversely affect listed species or critical habitat when alternative 
consultation agreement is in effect. If EPA and the Service have entered 
into an alternative consultation agreement as provided below, EPA may 
make a determination that a FIFRA action is not likely to adversely 
affect a listed species or critical habitat without informal 
consultation or written concurrence from the Director, and upon making 
such a determination for a listed species or critical habitat, EPA

[[Page 1158]]

need not initiate any additional consultation on that FIFRA action as to 
that listed species or critical habitat. As part of any subsequent 
request for formal consultation on that FIFRA action under this subpart 
or subpart B of this part, EPA shall include a list of all listed 
species and critical habitat for which EPA has concluded consultation 
under this section.
    (b) Procedures for adopting and implementing an alternative 
consultation agreement. EPA and the Service may enter into an 
alternative consultation agreement using the following procedures:
    (1) Initiation. EPA submits a written notification to the Service 
Director of its intent to enter into an alternative consultation 
agreement.
    (2) Required contents of the alternative consultation agreement. The 
alternative consultation agreement will, at a minimum, include the 
following components:
    (i) Adequacy of EPA Determinations under the ESA. The alternative 
consultation agreement shall describe actions that EPA and the Service 
have taken to ensure that EPA's determinations regarding the effects of 
its actions on listed species or critical habitat are consistent with 
the ESA and applicable implementing regulations.
    (ii) Training. The alternative consultation agreement shall describe 
actions that EPA and the Service intend to take to ensure that EPA and 
Service personnel are adequately trained to carry out their respective 
roles under the alternative consultation agreement. The alternative 
consultation agreement shall provide that all effects determinations 
made by EPA under this subpart have been reviewed and concurred on by an 
EPA staff member who holds a current certification as having received 
appropriate training under the alternative consultation agreement.
    (iii) Incorporation of new information. The alternative consultation 
agreement shall describe processes that EPA and the Service intend to 
use to ensure that new information relevant to EPA's effects 
determinations is timely and appropriately considered.
    (iv) Incorporation of scientific advances. The alternative 
consultation agreement shall describe processes that EPA and the Service 
intend to use to ensure that the ecological risk assessment 
methodologies supporting EPA's effects determinations incorporate 
relevant scientific advances.
    (v) Oversight. The alternative consultation agreement shall describe 
the program and associated record keeping procedures that the Service 
and EPA intend to use to evaluate EPA's processes for making effects 
determinations consistent with these regulations and the alternative 
consultation agreement. The alternative consultation agreement shall 
provide that the Service's oversight will be based on periodic 
evaluation of EPA's program for making effects determinations under this 
subpart. Periodic program evaluation will occur at the end of the first 
year following signature of the alternative consultation agreement and 
should normally occur at least every five years thereafter.
    (vi) Records. The alternative consultation agreement shall include a 
provision for EPA to maintain a list of FIFRA actions for which EPA has 
made determinations under this section and to provide the list to the 
Services on request. EPA will also maintain the necessary records to 
allow the Service to complete program evaluations.
    (vii) Review of Alternative Consultation Agreement. The alternative 
consultation agreement shall include provisions for regular review and, 
as appropriate, modification of the agreement by EPA and the Service, 
and for departure from its terms in a particular case to the extent 
deemed necessary by both EPA and the Service.
    (3) Training. After EPA and the Service enter into the alternative 
consultation agreement, EPA and the Service will implement the training 
program outlined in the alternative consultation agreement to the mutual 
satisfaction of EPA and the Service.
    (4) Public availability. The alternative consultation agreement and 
any related oversight or monitoring reports shall be made available to 
the public to the extent provided by law.
    (c) Oversight of alternative consultation agreement implementation. 
Through the program evaluations set forth in the

[[Page 1159]]

alternative consultation agreement, the Service will determine whether 
the implementation of this section by EPA is consistent with the best 
scientific and commercial information available, the ESA, and applicable 
implementing regulations. The Service Director may use the results of 
the program evaluations described in the alternative consultation 
agreement to recommend changes to EPA's implementation of the 
alternative consultation agreement. The Service Director retains 
discretion to terminate or suspend the alternative consultation 
agreement if, in using the procedures in this subpart, EPA fails to 
comply with the requirements of this subpart, section 7 of the ESA, or 
the terms of the alternative consultation agreement. Termination, 
suspension, or modification of an alternative consultation agreement 
does not affect the validity of any NLAA determinations made previously 
under the authority of this subpart.



Sec. 402.46  Optional formal consultation procedure for FIFRA actions.

    (a) Initiation of consultation. EPA may initiate consultation on a 
FIFRA action under this section by delivering to the Service a written 
request for consultation. The written request shall be accompanied by an 
effects determination as defined in Sec. 402.40(b) and a list or 
summary of all references and data relied upon in the determination. All 
such references and data shall be made available to the Service on 
request and shall constitute part of the Service's administrative record 
for the consultation. The time for conclusion of the consultation under 
section 7(b)(1) of the Act is calculated from the date the Service 
receives the written request from EPA. Any subsequent interchanges 
regarding EPA's submission, including interchanges about the 
completeness of the effects determination, shall occur during 
consultation and do not extend the time for conclusion of the 
consultation unless EPA withdraws the request for consultation.
    (b) Additional information determination. For an effects 
determination prepared without advance coordination under Sec. 402.44, 
the Service may determine that additional available information would 
provide a better information base for the effects determination, in 
which case the Service Director shall notify the EPA Administrator 
within 45 days of the date the Service receives the effects 
determination. The notification shall describe such additional 
information in detail, and shall identify a means for obtaining that 
information within the time period available for consultation. EPA shall 
provide a copy of the Service Director's notification to any applicant. 
EPA may thereafter revise its effects determination, and may resubmit 
the revised effects determination to the Service. If EPA advises the 
Service it will not resubmit a revised effects determination to the 
Service, its initiation of consultation on the effects determination is 
deemed withdrawn.
    (c) Service responsibilities. (1) Within the later of 90 days of the 
date the Service receives EPA's written request for consultation or 45 
days of the date the Service receives an effects determination 
resubmitted under paragraph (b) of this section, and consistent with 
section 7(b)(1) of the Act, the Service shall take one of the following 
actions:
    (i) If the Service finds that the effects determination contains the 
information required by Sec. 402.40(b) and satisfies the requirements 
of section 7(b)(4) of the Act, and the Service concludes that the FIFRA 
action that is the subject of the consultation complies with section 
7(a)(2) of the Act, the Service will issue a written statement adopting 
the effects determination; or
    (ii) The Service will provide EPA a draft of a written statement 
modifying the effects determination, which shall meet the requirements 
of Sec. 402.14(i), and as modified adopting the effects determination, 
and shall provide a detailed explanation of the scientific and 
commercial data and rationale supporting any modification it makes; or
    (iii) The Service will provide EPA a draft of a biological opinion 
finding that the FIFRA action is likely to jeopardize the continued 
existence of a listed species or result in the destruction or adverse 
modification of critical habitat, and describing any reasonable and 
prudent alternatives if available.

[[Page 1160]]

    (2) If the Service acts under paragraphs (c)(1)(ii) or (c)(1)(iii) 
of this section, EPA shall, on request from an applicant, provide the 
applicant a copy of the draft written statement or draft biological 
opinion received from the Service. The Service shall at the request of 
EPA or an applicant discuss with EPA and the applicant the Service's 
review and evaluation under this section, and the basis for its 
findings. EPA and any applicant may submit written comments to the 
Service within 30 days after EPA receives the draft written statement or 
opinion from the Service unless the Service, EPA and any applicant agree 
to an extended deadline consistent with section 7(b)(1) of the Act.
    (3) The Service will issue a final written statement or final 
biological opinion within 45 days after EPA receives the draft statement 
or opinion from the Service unless the deadline is extended under 
section 7(b)(1) of the Act.
    (d) Opinion of the Secretary. The written statement or opinion by 
the Service under paragraphs (c)(1) or (c)(3) of this section shall 
constitute the opinion of the Secretary and the incidental take 
statement, reasonable and prudent measures, and terms and conditions 
under section 7(b) of the Act.
    (e) Delegation of Authority for Service decisions. Any written 
statement modifying an effects determination or any biological opinion 
issued under this section shall be signed by the Service Director and 
such authority may not be delegated below the level of Assistant 
Director for Endangered Species (FWS) or Director of Office of Protected 
Resources (NOAA Fisheries).



Sec. 402.47  Special consultation procedures for complex FIFRA actions.

    (a) Successive effects determinations. If EPA determines after 
conferring with the Service that consultation on a FIFRA action will be 
unusually complex due to factors such as the geographic area or number 
of species that may be affected by the action, EPA may address the 
effects of the action through successive effects determinations under 
this subpart addressing groupings or categories of species or habitats 
as established by EPA. EPA may initiate consultation based upon each 
such effects determination using the procedure in Sec. 402.46(a), and 
the provisions of Sec. 402.46(b) and (c) shall apply to any such 
consultation. When consultation is conducted under this section, the 
written statement or opinion provided by the Service under Sec. 
402.46(c) constitutes a partial biological opinion as to the species or 
habitats that are the subject of the consultation. While not 
constituting completion of consultation under section 7(a)(2), EPA 
retains authority to use such a partial biological opinion along with 
other available information in making a finding under section 7(d) of 
the Act.
    (b) Opinion of the Secretary. After conclusion of all consultation 
on the FIFRA action, the partial biological opinions issued under 
paragraph (a) of this section shall then collectively constitute the 
opinion of the Secretary and the incidental take statement, reasonable 
and prudent measures, and terms and conditions under section 7(b) of the 
Act except to the extent a partial biological opinion is modified by the 
Service in accordance with the procedures in Sec. 402.46(c). The 
Service shall so advise EPA in writing upon issuance of the last partial 
biological opinion for the consultation.



Sec. 402.48  Conference on proposed species or proposed critical habitat.

    EPA may employ the procedures described in Sec. 402.10 to confer on 
any species proposed for listing or any habitat proposed for designation 
as critical habitat. For the purposes of Sec. 402.10(d), the procedures 
in Sec. 402.46 are a permissible form of formal consultation.



PART 403_TRANSFER OF MARINE MAMMAL MANAGEMENT AUTHORITY TO STATES--
Table of Contents



Sec.
403.01 Purpose and scope of regulations.
403.02 Definitions.
403.03 Review and approval of State request for management authority.
403.04 Determinations and hearings under section 109(c) of the MMPA.
403.05 State and Federal responsibilities after transfer of management 
          authority.
403.06 Monitoring and review of State management program.
403.07 Revocation and return of State management authority.

[[Page 1161]]

403.08 List of States to which management has been transferred.

    Authority: 16 U.S.C. 1361 et seq., as amended by Pub. L. 97-58.

    Source: 48 FR 22456, May 18, 1983, unless otherwise noted.



Sec. 403.01  Purpose and scope of regulations.

    The regulations contained in this part implement section 109 of the 
Act which, upon a finding by the Secretary of compliance with certain 
requirements, provides for the transfer of marine mammal management 
authority to the states.
    (a) The regulations of this part apply the procedures for the 
transfer of marine mammal management authority to a state, the form and 
minimum requirements of a state application for the transfer of 
management authority, the relationship between Federal and state 
wildlife agencies both prior and subsequent to the transfer of 
management authority, and the revocation and return of management 
authority to the Federal Government.
    (b) Nothing in this part shall prevent:
    (1) The taking of a marine mammal by or on behalf of a Federal, 
state or local government official, in accordance with Sec. 18.22 or 
Sec. 216.22 of this Title and section 109(h) of the Act, or (2) the 
adoption or enforcement of any state law or regulation relating to any 
marine mammal taken before December 21, 1972.
    (c) The information collection requirements contained in Sec. Sec. 
403.03, 403.06, and 403.07 of this part do not require approval by the 
Office of Management and Budget under 44 U.S.C. 3501 et seq., because 
there are fewer than 10 respondents annually.



Sec. 403.02  Definitions.

    The following definitions apply to this part:
    (a) The term species includes any population stock.
    (b) Optimum Sustainable Population or OSP means a population size 
which falls within a range from the population level of a given species 
or stock which is the largest supportable within the ecosystem to the 
population level that results in maximum net productivity. Maximum net 
productivity is the greatest net annual increment in population numbers 
or biomass resulting from additions to the population due to 
reproduction and/or growth less losses due to natural mortality.
    (c) State management program means existing and proposed state 
statutes, regulations, policies and other authorities which form the 
framework for the conservation of a species of marine mammals.
    (d) State regulation means the whole or part of a state agency 
statement of general or particular applicability and future effect 
designed to implement, interpret, or prescribe law or policy or 
describing the organization, procedure, or practice requirements of a 
state agency and which is duly promulgated in accordance with 
established procedure.
    (e) The Act means the Marine Mammal Protection Act (MMPA) of 1972, 
16 U.S.C. 1361 et seq., as amended by Pub. L. 97-58.
    (f) The Secretary means the Secretary of the Interior or the 
Secretary of Commerce, depending on the species involved. Under section 
3(11) of the Act, the Secretary of Commerce has jurisdiction over 
members of the order Cetacea and members, other than walruses, of the 
order Pinnipedia; the Secretary of the Interior has jurdisdiction over 
all other mammals. These secretarial authorities have been delegated to 
the National Marine Fisheries Service and the Fish and Wildlife Service, 
respectively.
    (g) The Service or Services means the Fish and Wildlife Service 
(FWS) and the National Marine Fisheries Service (NMFS), as appropriate 
depending on the species involved. Any determination or finding required 
by this part to be made by the ``Service'' must be made by the Director 
of the FWS or by the Assistant Administrator of the NMFS, or their 
delegees, as appropriate.



Sec. 403.03  Review and approval of State request for management authority.

    (a) Any state may request the transfer of management authority for a 
species of marine mammals by submitting a written request to the 
Director of the Fish and Wildlife Service (``Director'') for species of 
marine mammals under

[[Page 1162]]

the jurisdiction of the FWS, or to the Assistant Administrator for 
Fisheries of the National Marine Fisheries Service (``Assistant 
Administrator'') for species of marine mammals under the jurisdiction of 
the NMFS. The request must include:
    (1) Copies of existing and proposed statutes, regulations, policies 
and other authorities of state law which comprise those aspects of the 
state management program outlined in paragraph (b) of this section, and, 
in the case of Alaska, paragraphs (d) (1) through (3) of this section;
    (2) A narrative discussion of the statutes, regulations, policies 
and other authorities which comprise those aspects of the state 
management program outlined in paragraph (b) of this section, and, in 
the case of Alaska, paragraph (d) of this section, which explains the 
program in terms of the requirements of the Act and the regulations of 
this part; and
    (3) Supplementary information as required by paragraph (c) of this 
section.
    (b) A request for transfer of marine mammal management authority 
will not be approved unless it contains the following:
    (1) The scientific and common names and estimated range of the 
species of marine mammals subject to the state management program.
    (2) Provisions of state law concerning the take of marine mammals 
that--
    (i) Require that the taking of marine mammals be humane as defined 
by section 3(4) of the Act;
    (ii) Do not permit the taking of marine mammals until the following 
have occurred:
    (A) The state, pursuant to the requirements of Sec. 403.04 of this 
part, has determined that the species is at its Optimum Sustainable 
Population (OSP) and determined the maximum number of animals that may 
be taken without reducing the species below its OSP, and, in the case of 
Alaska, when a species is below OSP, the maximum numbers that can be 
taken for subsistence uses while allowing the species to increase toward 
its OSP;
    (B) The determination as to OSP and maximum take are final and 
implemented under state law; and
    (C) A cooperative allocation agreement, if required under Sec. 
403.05(a) of this part, is implemented;
    (iii) Do not permit take in excess of the maximum number of animals 
that may be taken as determined pursuant to Sec. 403.04 of this part; 
provided that for Alaska, subsistence take may be allowed in accordance 
with paragraph (d) of this section, and if the species is below OSP, any 
level of take allowed for subsistence use shall permit the species to 
increase toward OSP;
    (iv) Do not permit take that is for scientific research or public 
display purposes except such take by or on behalf of the state, or 
pursuant to a Federal permit issued under Sec. 18.31 or Sec. 216.31 of 
this title; and
    (v) Regulate the incidental taking of the species in a manner 
consistent with section 101(a) (2), (4) and (5) of the Act.
    (3) Provisions for annually acquiring and evaluating data and other 
new evidence relating to OSP of the species and the maximum allowable 
take, and if warranted on the basis of such evaluation, for requiring 
reevaluations of OSP and maximum allowable take determinations pursuant 
to Sec. 403.04.
    (4) Procedures for the resolution of differences between the state 
and the appropriate Service that might arise during the development of a 
cooperative allocation agreement pursuant to Sec. 403.05(a) of this 
part.
    (5) Procedures for the submission of an annual report meeting the 
requirements of Sec. 403.06(b) of this part to the appropriate Service 
regarding the administration of the state management program during the 
reporting period.
    (6) A description of--
    (i) The organization of state offices involved in the administration 
and enforcement of the state management program;
    (ii) Any permit system relating to the marine mammals, the laws that 
apply to such permits, and the procedures to be used in granting or 
withholding such permits;
    (iii) State laws relating to judicial review of administrative 
decisions as they relate to the state management program;
    (iv) State laws relating to administrative rulemaking as they relate 
to the state management program;

[[Page 1163]]

    (c) In addition to the aspects of the state management program 
required to be submitted by paragraph (b) of this section, the state 
shall submit information, in summary form, relating to:
    (1) The anticipated staffing and funding of state offices involved 
in the administration and enforcement of the state management program;
    (2) Anticipated research and enforcement activities relating to 
conservation of the species for which management authority is sought; 
and
    (3) Such other materials and information as the Service may request 
or which the state may deem necessary or advisable to demonstrate the 
compatibility of the state management program with the policy and 
purposes of the Act and the rules and regulations issued under the Act.
    (d) In addition to the requirements contained in paragraphs (b) and 
(c) of this section, a request for the transfer of marine mammal 
management authority by the State of Alaska must contain the following 
concerning subsistence use of the species--
    (1) A statute and regulations concerning the take of marine mammals 
that ensure that
    (i) The taking of marine mammals species for subsistence uses will 
be the priority consumptive uses of the species;
    (ii) If restrictions on subsistence uses of the species are 
required, such restrictions shall be based upon the customary and direct 
dependence upon the species as the mainstay of livelihood, local 
residency, and the availability of alternative resources; and
    (iii) The taking of marine mammal species for subsistence uses is 
accomplished in a non-wasteful manner;
    (2) Statutes or regulations that ensure that the appropriate state 
agency will--
    (i) Authorize nonsubsistence consumptive uses of a marine mammal 
species only if such uses will have no significant adverse impact on 
subsistence uses of the species;
    (ii) Regulate nonsubsistence consumptive uses in a manner which, to 
the maximum extent practicable, provides economic opportunities, 
including, but not limited to, licensing of marine mammal hunting guides 
and the assignment of guiding areas, for residents of rural coastal 
villages of Alaska who engage in subsistence uses of the species; and
    (iii) Make written findings supporting the authorizations and 
regulations described in this paragraph based solely on the 
administrative record before the agency;
    (3) A narrative discussion of the statutes or regulations required 
under paragraph (d)(2) of this section, and any additional policies or 
procedures concerning the regulation of nonsubsistence consumptive uses 
of marine mammals. This discussion must explain how the State's program 
satisfies the requirements of section 109(f) of the Act, namely that the 
regulation of nonsubsistence consumptive uses of marine mammals 
provides, to the maximum extent praticable, economic opportunities for 
the residents of rural coastal villages of Alaska who engage in 
subsistence uses of the species.
    (e) To assist states in preparing the state management program for 
submission, the Service will also, at the written request of any state, 
make a preliminary review of any aspects of the state management 
program. This review will be advisory in nature and shall not be binding 
upon the Services. Notwithstanding preliminary review by the Service, 
once any proposed aspect of the state management program has been 
prepared and submitted in final form, it shall be subject to final 
review and approval under paragraphs (f) through (h) of this section.
    (f)(1) After receiving the state's request, for management 
authority, the Service shall make an initial determination on whether 
the state's management program meets the requirements of the Act and 
these regulations.
    (2) Within 45 days after receiving the state's request, unless the 
state and the Service agree to another time period, the Service shall 
publish a general notice of its initial determination in the Federal 
Register together with, in the case of a positive determination, the 
text of a proposed rule to transfer management authority to the state. 
The general notice shall contain a summary of the major components of 
the state's management program and shall indicate where the full text of 
the

[[Page 1164]]

management program may be inspected or copied. The public shall be 
allowed to submit written comments and to request an informal public 
hearing on the Service's initial determination and the state's 
management program within 60 days of publication of the general notice.
    (g) If requested, the Service may conduct an informal public hearing 
after publishing 30 days' advance notice of the date, location, and time 
of such hearing in the Federal Register.
    (h) After considering all comments and other relevant information, 
the Service shall publish in the Federal Register its final 
determination on whether the state has developed and will implement a 
management program that meets the requirement of the Act and these 
regulations. In the case of a positive final determination, the Service 
shall publish with the notice a final regulation transferring management 
authority for the species to the state after the following requirements 
are satisfied:
    (1) The state's determinations pursuant to Sec. 403.04 of this part 
are final and implemented under state law;
    (2) Any cooperative allocation agreement required under Sec. 
403.05(a) of this part is implemented; and
    (3) The state has enacted and submitted to the Service laws and 
policies that are substantially the same as those provided pursuant to 
Sec. 403.03(a) in proposed form in the state's management program.



Sec. 403.04  Determinations and hearings under section 109(c) of the MMPA.

    (a) Introduction. In order to gain approval of its marine mammal 
management program the state must provide for a process, consistent with 
section 109(c) of the Act, to determine the optimum sustainable 
population of the species and the maximum number of animals that may be 
taken from populations it manages without reducing the species below 
OSP. The state process must be completed before the state may exercise 
any management authority over the subject marine mammals, and it must 
include the elements set forth below.
    (b) Basis, purpose, and scope. The process set forth in this section 
is applicable to and required for only the determination of the OSP of 
the species and maximum number that may be taken without reducing it 
below its OSP and, in the case of Alaska if the species is below OSP, 
the maximum number of animals that may be taken, if any, for subsistence 
uses without preventing the species from increasing toward its OSP. The 
state need not allow the maximum take, as determined in accordance with 
this process, that is biologically permissible. The state may change 
regulations establishing bag limits, quotas, seasons, areas, manner of 
take, etc. within the maximum biologically permissible take pursuant to 
its other rulemaking criteria, authority, and procedures. Compliance 
with the process set forth in this section would not be required again 
unless the state proposes to modify its determinations of the status of 
the species with respect to its OSP or the maximum permissible take from 
that species.
    (c) Initial determination by the State. The state agency with 
responsibility for managing the species in the event management 
authority is transferred to the state shall make initial determinations 
on the basis of the best scientific evidence available of:
    (1) Whether or not it is at its OSP; (2) if so, the maximum number 
of that species that nay be taken without reducing it below its OSP; and 
(3) if not, in the case of Alaska, the maximum number of animals that 
may be taken, if any, for subsistence uses without preventing the 
species from increasing toward its OSP.
    (d) Notice and review of initial determinations and request for 
hearing. The state agency shall provide notice of its initial 
determinations to the Service and the public and shall provide access to 
or copies of the documentation supporting its determinations to the 
Service and the public. The state agency shall indicate, in the notice 
of its initial determinations, the location(s) and hours during which 
such documentation may be inspected, and the costs, if any of copies of 
such documentation. The state agency shall also indicate in the notice 
that any interested person may request a hearing regarding the initial 
determinations, and the state

[[Page 1165]]

shall provide a reasonable time, not less than 30 days, for making the 
request, taking into account the time required to advise the public of 
the initial determinations and to make the supporting documentation 
readily available to interested persons for their consideration. If a 
request for a hearing is not made within the prescribed time period, the 
initial determinations shall be treated as final.
    (e) Notice of hearing. If a request for a hearing is made within the 
prescribed time period by any interested person, the state agency shall 
provide notice of the hearing to the Service and the public not less 
than 30 days in advance of the scheduled date(s) of the hearing(s). The 
notice shall include the date(s), location(s), and purpose of the 
hearing, a recitation of the initial determinations, the name(s) of the 
person(s) who will preside at the hearing, and the manner and date by 
which interested persons must notify the state agency or presiding 
officer(s) of their desire to participate in the hearing. The state 
shall also make available and distribute upon request a list of 
witnesses and description of the documentation and other evidence that 
will be relied upon by the state's witnesses in support of its initial 
determinations sufficiently in advance of the hearing date so as to 
allow interested persons to prepare questions and supporting or rebuttal 
testimony for the hearing.
    (f) Conduct of the hearing. (1) The hearing shall be publicly 
conducted and reported verbatim by an official reporter.
    (2) The state shall sponsor all written documentation in support of 
its determinations with witnesses who are able, by virtue of training 
and experience, to respond fully to cross-examination regarding the 
facts and conclusions contained therein provided that, except by 
agreement of the parties, the state agency may not call any witnesses or 
introduce any documentation into the record unless the advance notice 
requirements of paragraph (e) of this section are met with respect to 
such witnesses or documentation.
    (3) Any interested person who has notificed the state agency of his 
desire to participate in the hearing pursuant to paragraph (e) of this 
section may participate in the hearing by presenting oral or written 
testimony or cross-examining the witnesses or other parties with respect 
to matters relevant to the state's initial determinations, provided that 
any such written documentation must be sponsored by a witness who is 
able, by virtue of training and experience, to respond fully to cross-
examination regarding the facts and conclusions contained therein.
    (4) The presiding officer(s) shall conduct the hearing in accordance 
with such other rules of evidence, criteria, and procedures as are 
necessary and appropriate for the expeditious and effective 
determination of the issues. The presiding officer(s) may provide for 
oral argument and/or written briefs at the end of the hearing.
    (5) Final determinations on the issues specified in paragraph (c) of 
this section must be supported by the best available scientific 
information so as to insure that any taking will be consistent with the 
maintenance of OSP.
    (g) Review of the hearing record and final determinations. (1) The 
state agency shall provide for either:
    (i) Review and evaluation of the hearing record by the presiding 
officer(s) and transmittal by the presiding officer(s) of recommended 
final determinations to the decision-maker(s) in the state agency; or
    (ii) Review and evaluation of the hearing record and final 
determinations by the state agency without benefit of any 
recommendations by the presiding officer(s). In any event, the final 
determinations by the state agency must be made solely on the basis of 
the record developed at the hearing. The state agency in making its 
final determinations, and/or presiding officer(s) in making his (their) 
recommended determinations, may not rely on oral or written evidence 
which was not presented at the hearing and made available to the parties 
for cross-examination and rebuttal testimony. Any such oral or written 
information transmitted to the presiding officer(s) or other members of 
the state agency responsible for the final determinations shall be 
treated as ex parte communications and may not be considered part of the 
record for decision.

[[Page 1166]]

    (2) The state agency shall make final determinations of the issues 
set forth in paragraph (c) of this section and shall include in its 
statement of final determinations a statement of findings and 
conclusions and the reasons or basis therefor.
    (3) The state agency shall advise the Service and the public of its 
final determinations and shall provide access to or copies of its 
decision document and Hearing Record.
    (h) Judicial review. The state agency's final determinations after a 
hearing must be supported by substantial evidence in the record of the 
hearing. Opportunity for judicial review of the state agency's final 
determinations must be available under state law. The scope of judicial 
review shall be equivalent to that provided for in 5 U.S.C. 706(2) (A) 
through (E).



Sec. 403.05  State and Federal responsibilities after transfer of
management authority.

    (a) After determinations required by section 403.04 of this part 
have been made in respect to a species whose range extends beyond the 
territorial waters of the state, the state shall not exercise management 
authority until a cooperative allocation agreement with the Secretary 
has been signed and the Service has transferred management authority 
pursuant to Sec. 403.03(h). The cooperative allocation agreement shall 
provide procedures for allocating, on a timely basis, the maximum amount 
of take as determined by the state pursuant to Sec. 403.04 of this 
part. Such allocation shall give first priority to incidental take 
within the zone described in section 3(14)(B) of the Act as provided for 
under section 101(a) of the Act, except that in the case of Alaska, 
first priority shall be given to subsistence use.
    (b) For those species to which paragraph (a) of this section 
applies, the state may request the Service to regulate the taking of the 
species within the zone described in section 3(14)(B) of the Act for 
subsistence uses and/or hunting in a manner consistent with the 
regulation by the state of such taking within the state. If such a 
request is made, the Service shall adopt and enforce within such zone, 
such of the state's regulatory provisions as the Service considers to be 
consistent with the administration within such zone of section 101(a) of 
the Act.
    (c) If management authority for a species has been transferred to a 
state pursuant to this subpart, the Service shall provide to the state 
an opportunity to review all requests for permits to remove live animals 
from habitat within the state for scientific research or public display 
purposes. If the state finds that issuance of the permit would not be 
consistent with its management program for the species:
    (1) The state shall so inform the Service, together with the reasons 
for such finding, within 30 days of its receipt of the application, and 
the Service shall not issue the permit; and
    (2) The Service shall provide to the permit applicant and the state 
an opportunity to adjust the permit application or otherwise reconcile 
it with the state management program for the species.
    (d) After management of a species has been transferred to the state, 
state and Federal authorities shall cooperate to the maximum extent 
practicable in conserving the species of marine mammals.



Sec. 403.06  Monitoring and review of State management program.

    (a) The Service has responsibility to monitor and review 
implementation of all state management programs approved pursuant to 
this part.
    (b) In order to facilitate such review, each state to which 
management authority has been transferred shall submit an annual report, 
not later than 120 days after the close of such state's first full 
fiscal or calendar year following the effective date of the Service's 
approval of the State management program, and at the same time each 
following year, or at such other time as may be agreed upon. The repot 
shall contain the following information current for each reporting 
period:
    (1) Any changes in the state laws which comprise those aspects of 
the state management program submitted pursuant to Sec. 403.03(b), and, 
in the case of Alaska, Sec. 403.03(d), of this part;

[[Page 1167]]

    (2) Pertinent new data on the marine mammal species or the marine 
ecosystems in question including a summary of the status, trend and 
general health of the species;
    (3) A summary of available information relating to takings under the 
state management program;
    (4) A summary of state actions to protect species' habitat;
    (5) A summary of all state research activity on the species;
    (6) Any significant changes in the information provided with the 
original request for transfer of management authority;
    (7) A summary of enforcement activity;
    (8) A summary of budget and staffing levels for the marine mammal 
activities in the categories of research, management and enforcement;
    (9) Any other information which the Service may request, consistent 
with the Act as amended, or which the state deems necessary or advisable 
to facilitate review by the Service of state management of the species.
    (c) Each state having an approved management program shall file a 
report, in a timely manner, not to exceed 45 days from the occurrence of 
any of the following:
    (1) Any change in a relevant state law (amendments, repealers, or 
new legislation or regulations or judicial precedent) as submitted 
pursuant to paragraphs (b)(2) through (b)(5), and in the case of Alaska, 
paragraph (d), of Sec. 403.03 of this part that may impair the State's 
ability to implement the program;
    (2) Any significant natural or manmade occurrence or any new 
scientific information that may warrant reconsideration of the 
determinations made pursuant to Sec. 403.04 of this part.
    (d) All components of the state request for transfer of management 
authority, as well as annual reports submitted under paragraph (b) of 
this section and any reports submitted under paragraph (c) of this 
section, shall be available for inspection and copying at the Office of 
the Chief, Division of Wildlife Management, U.S. Fish and Wildlife 
Service, Department of the Interior, Washington, DC 20240, or, as 
appropriate, at the Office of Protected Species and Habitat 
Conservation, National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Department of Commerce, Washington, DC 
20235, and at the appropriate Service's regional office.



Sec. 403.07  Revocation and return of State management authority.

    (a) Revocation of management. The Service shall have responsibility 
to review management of a species transferred to a state under this part 
and to determine whether or not the implementation of the state 
management program continues to comply with the requirements of the Act, 
this part and the state's approved management program.
    (1) Upon receipt of any substantial factual information suggesting 
that the state management program is not being implemented or is being 
implemented in a manner inconsistent with the Act, this part, or the 
state's approved management program, the Service shall, as soon as 
practicable but not later than 30 days after receipt, determine whether 
or not the state continues to comply with the requirements of the Act, 
this part and the state's approved management program.
    (2) Whenever pursuant to a review as specified in paragraph (a)(1) 
of this section, the Service determines that any substantial aspect of 
the state management program is not in compliance with the requirements 
of the Act, this part or the state's approved management program, it 
shall provide written notice to the state of its intent to revoke 
management authority, together with a statement, in detail, of those 
actions or failures to act upon which such intent to revoke is based. 
The Service shall publish notice of such intent to revoke in the Federal 
Register and invite public comment thereon, and shall conduct an 
informal public hearing on the matter if requested by the state or if 
the Service otherwise determines it to be necessary. The Service shall 
provide to the state an opportunity for consultation between the Service 
and the state concerning such actions or failures and necessary remedial 
actions to be taken by the state.

[[Page 1168]]

    (3) If within 90 days after notice is provided under paragraph 
(a)(2) of this section, the state has not taken such remedial measures 
as are necessary, in the judgment of the Service, to bring the state 
management program into compliance with the provision of the Act, this 
part and the state's approved management program, the Service shall 
revoke the transfer of management authority by written notice to the 
state and publication in the Federal Register.
    (b) Voluntary return of management authority to the Service. (1) If 
a state desires to return management of a species of marine mammals to 
the Service, it shall provide the Service notice of intent to return 
management. The Service shall accept the return of management, and such 
return shall become effective, upon publication of a notice in the 
Federal Register to this effect no sooner than 30 days (except in an 
emergency as determined by the Service) nor longer than 60 days after 
the state has provided notice of its intent to return management or 
unless otherwise agreed upon.
    (2) If implementation of any aspect of the state management program 
is enjoined by court order, the state shall advise the Service of such 
injunction and its effect on the state management program. If the state 
determines that the effect of the injunction is to preclude effective 
conservation and management of the species under the terms of the state 
management program, it shall so notify the Service and such notification 
shall be treated as a notice of intent to return management as provided 
in paragraph (b)(1) of this section. If the state determines that the 
injunction does not preclude effective conservation and management of 
marine mammals under the terms of the state management program, it shall 
so notify the Service together with the basis for the state's 
determination and such notice shall be treated as a report submitted 
pursuant to the terms of Sec. 403.06(c)(1) of this part. In either 
case, the state shall provide notice to the Service as soon as 
practicable but not more than 30 days after issuance of the injunction. 
Management authority returned to the Service pursuant to this paragraph 
may be re-transferred to the state, notwithstanding the requirements of 
Sec. 403.03, when, in the judgment of the Service, the cause for return 
of management authority to the Service has been alleviated in such a way 
as to allow effective conservation and management of the species 
consistent with the requirements of the Act and this part.
    (c) When revocation of a management authority pursuant to paragraph 
(a) of this section becomes final, or when a state returns management 
pursuant to paragraph (b) of this section, the Service shall resume such 
management authority and provide for the conservation of the species 
within the state in accordance with the provisions of the Act.



Sec. 403.08  List of States to which management has been transferred.

    The following states have received management authority pursuant to 
this part for the species listed and, where appropriate, cooperative 
allocation agreements pursuant to Sec. 403.05(c) are in force: 
[Reserved]



PART 404_NORTHWESTERN HAWAIIAN ISLANDS MARINE NATIONAL MONUMENT--
Table of Contents



Sec.
404.1 Scope and purpose.
404.2 Boundary.
404.3 Definitions.
404.4 Access to the Monument.
404.5 Requirements for a vessel monitoring system.
404.6 Prohibited activities.
404.7 Regulated activities.
404.8 Emergencies and law enforcement activities.
404.9 Armed Forces actions.
404.10 Commercial fishing.
404.11 Permitting procedures and criteria.
404.12 International law.

Appendix A to Part 404--Map of the Monument Outer Boundary and 
          Ecological Reserves, Special Preservation Areas, and Midway 
          Atoll Special Management Area
Appendix B to Part 404--Approved Vessel Monitoring Systems
Appendix C to Part 404--Boundary Coordinated for Papahanaumokuakea 
          Marine National Monument Areas To Be Avoided
Appendix D to Part 404--Boundary Coordinates for Papahanaumokuakea 
          Marine

[[Page 1169]]

          National Monument Ship Reporting Area
Appendix E to Part 404--Content and Syntax for Papahanaumokuakea Ship 
          Reporting System

    Authority: 16 U.S.C. 431 et seq.; 16 U.S.C. 460k-3; 16 U.S.C. 1801 
et seq.; 16 U.S.C. 742f, 16 U.S.C. 742l, and 16 U.S.C. 668dd-ee; 16 
U.S.C. 1361 et seq.; 16 U.S.C. 1531 et seq., Pub. L. No. 106-513, Sec. 
6(g) (2000).

    Source: 71 FR 51135, Aug. 29, 2006, unless otherwise noted.



Sec. 404.1  Scope and purpose.

    The regulations in this part codify the provisions of Presidential 
Proclamation 8031, and govern the administration of the Northwestern 
Hawaiian Islands Marine National Monument. These regulations are jointly 
implemented by the Secretaries of the Interior, through the U.S. Fish 
and Wildlife Service (USFWS), and Commerce, through the National Oceanic 
and Atmospheric Administration (NOAA). Nothing in these regulations 
shall be deemed to diminish or enlarge the jurisdiction of the State of 
Hawaii.



Sec. 404.2  Boundary.

    The Northwestern Hawaiian Islands Marine National Monument consists 
of all lands and interest in lands owned or controlled by the Government 
of the United States within the boundaries of the Monument, including 
emergent and submerged lands and waters of the Northwestern Hawaiian 
Islands. The map in Appendix A to this part 404 depicts the outer 
boundary of the Monument, which consists of the geodetic lines 
connecting the coordinates specified in the Proclamation.



Sec. 404.3  Definitions.

    The following definitions are applicable only to this Part.
    Areas to be avoided means the four designated areas that should be 
avoided by vessels that are conducting passage through the Monument 
without interruption. Appendix C sets forth the coordinates of these 
areas.
    Attract or Attracting means luring or attempting to lure a living 
resource by any means, except the mere presence of human beings (e.g., 
swimmers, divers, boaters).
    Bottomfish Species means Bottomfish management unit species as 
defined at 50 CFR 665.12.
    Categories of hazardous cargoes means goods classified in the 
International Maritime Dangerous Goods (IMDG) Code; substances 
classified in chapter 17 of the International Code for the Construction 
and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) 
and chapter 19 of the International Code for the Construction and 
Equipment of Ships Carrying Liquefied Gases in Bulk (IGC Code); oils as 
defined in MARPOL Annex I; noxious liquid substances as defined in 
MARPOL Annex II; harmful substances as defined in MARPOL Annex III; and 
radioactive materials specified in the Code for the Safe Carriage of the 
Irradiated Nuclear Fuel, Plutonium and High-Level Radioactive Wastes in 
Flasks on Board Ships (INF Code).
    Commercial Bottomfishing means commercial fishing for bottomfish 
species.
    Commercial passenger vessel means a vessel that carries individuals 
who have paid for such carriage.
    Commercial pelagic trolling means commercial fishing for pelagic 
species.
    Deserting a vessel means:
    (1) Leaving a vessel aground or adrift:
    (i) Without notifying the Secretaries of the vessel going aground or 
adrift within 12 hours of its discovery and developing and presenting to 
the Secretaries a preliminary salvage plan within 24 hours of such 
notification;
    (ii) After expressing or manifesting intention to not undertake or 
to cease salvage efforts; or
    (iii) When the Secretaries are unable, after reasonable efforts, to 
reach the owner/operator within 12 hours of the vessel's condition being 
reported to authorities.
    (2) Leaving a vessel at anchor when its condition creates potential 
for a grounding, discharge, or deposit and the owner/operator fails to 
secure the vessel in a timely manner.
    Ecological Reserve means the areas of the Monument, identified in 
the Proclamation, consisting of contiguous, diverse habitats that 
provide natural spawning, nursery, and permanent residence areas for the 
replenishment and genetic protection of marine life, and

[[Page 1170]]

also to protect and preserve natural assemblages of habitats and species 
within areas representing a broad diversity of resources and habitats 
found within the Monument. Specific coordinates for Ecological Reserves 
within the Monument are found in the Proclamation, and the Ecological 
Reserves consist of the areas within the geodetic lines connecting these 
coordinates. The Ecological Reserves are depicted on the map in Appendix 
A to part 404.
    Ecological integrity means a condition determined to be 
characteristic of an ecosystem that has the ability to maintain the 
function, structure, and abundance of natural biological communities, 
including rates of change in response to natural environmental 
variation.
    Fishing year means the year beginning at 0001 local time on January 
1 and ending at 2400 local time on December 31.
    IMO means the International Maritime Organization.
    Introduced Species means:
    (1) A species (including, but not limited to, any of its biological 
matter capable of propagation) that is non-native to the ecosystem(s) 
protected by the Monument; or
    (2) Any organism into which genetic matter from another species has 
been transferred in order that the host organism acquires the genetic 
traits of the transferred genes.
    Landing means offloading fish from a fishing vessel or causing fish 
to be offloaded from a fishing vessel.
    Midway Atoll Special Management Area means the area of the Monument 
surrounding Midway Atoll out to a distance of 12 nautical miles, 
established for the enhanced management, protection, and preservation of 
Monument wildlife and historical resources. The geographic coordinates 
of this area, which consists of the area within the geodetic lines 
connecting these coordinates, are found in the Proclamation. The Midway 
Atoll Special Management Area is depicted on the map in Appendix A to 
part 404.
    Mobile transceiver unit means a vessel monitoring system or VMS 
device, as described in Appendix E to this Part, installed on board a 
vessel that is used for vessel monitoring and transmitting the vessel's 
position as required by this Part.
    Monument means the Northwestern Hawaiian Islands Marine National 
Monument.
    Native Hawaiian Practices means cultural activities conducted for 
the purposes of perpetuating traditional knowledge, caring for and 
protecting the environment and strengthening cultural and spiritual 
connections to the Northwestern Hawaiian Islands that have demonstrable 
benefits to the Native Hawaiian community. This may include, but is not 
limited to, the non-commercial use of Monument resources for direct 
personal consumption while in the Monument.
    Ocean-based ecotourism means a class of fee-for-service activities 
that involves visiting the Monument for study, enjoyment, or volunteer 
assistance for purposes of conservation and management.
    Office for Law Enforcement (OLE) refers to NOAA, National Marine 
Fisheries Service, Office for Law Enforcement.
    Pelagic Species means Pacific Pelagic Management Unit Species as 
defined at 50 CFR 665.12.
    Pono means appropriate, correct, and deemed necessary by traditional 
standards in the Hawaiian culture.
    Proclamation means Presidential Proclamation 8031, dated June 15, 
2006 (71 FR 36443).
    Recreational activity means an activity conducted for personal 
enjoyment that does not result in the extraction of Monument resources 
and that does not involve a fee-for-service transaction. This includes, 
but is not limited to, wildlife viewing, SCUBA diving, snorkeling, and 
boating.
    Reporting area means the area within the coordinates set forth in 
Appendix D.
    Secretaries means the Secretary of Commerce and the Secretary of the 
Interior or their designees.
    Special Preservation Area (SPA) means discrete, biologically 
important areas of the Monument, identified in the Proclamation, within 
which uses are subject to conditions, restrictions, and prohibitions, 
including but not limited to access restrictions. SPAs are used to avoid 
concentrations of uses that could

[[Page 1171]]

result in declines in species populations or habitat, to reduce 
conflicts between uses, to protect areas that are critical for 
sustaining important marine species or habitats, or to provide 
opportunities for scientific research. Specific coordinates for Special 
Preservation Areas within the Monument are found in the Proclamation, 
and the Special Preservation Areas consist of the areas within the 
geodetic lines connecting these coordinates. The Special Preservation 
Areas are depicted on the map in Appendix A to part 404.
    Special ocean use means an activity or use of the Monument that is 
engaged in to generate revenue or profits for one or more of the persons 
associated with the activity or use, and does not destroy, cause the 
loss of, or injure Monument resources. This includes ocean-based 
ecotourism and other activities such as educational and research 
activities that are engaged in to generate revenue, but does not include 
commercial fishing for bottomfish or pelagic species conducted pursuant 
to a valid permit issued by NOAA.
    Stowed and not available for immediate use means not readily 
accessible for immediate use, e.g., by being securely covered and lashed 
to a deck or bulkhead, tied down, unbaited, unloaded, or partially 
disassembled (such as spear shafts being kept separate from spear guns).
    Sustenance fishing means fishing for bottomfish or pelagic species 
in which all catch is consumed within the Monument, and that is 
incidental to an activity permitted under this part.
    Vessel monitoring system or VMS means a vessel monitoring system or 
mobile transceiver unit as described in Sec. 404.5 and approved by 
Office for Law Enforcement for use on vessels permitted to access the 
Monument, as required by this Part.

[71 FR 51135, Aug. 29, 2006, as amended at 73 FR 73598, Dec. 3, 2008]



Sec. 404.4  Access to Monument.

    (a) Entering the Monument is prohibited and thus unlawful except:
    (1) As provided in Sec. Sec. 404.8 and 404.9;
    (2) Pursuant to a permit issued under Sec. Sec. 404.10 or 404.11; 
or
    (3) When conducting passage without interruption in accordance with 
paragraphs (b) through (f) of this section.
    (b) Any person passing through the Monument without interruption is 
subject to the prohibitions in Sec. Sec. 404.5, 404.6, and 404.7.
    (c) The following vessels, except vessels entitled to sovereign 
immunity under international law, passing through the Monument without 
interruption must participate in the ship reporting system as provided 
in paragraphs (d) and (e) of this section:
    (1) Vessels of the United States, except as provided in paragraph 
(f) of this section;
    (2) All other ships 300 gross tonnage or greater, entering or 
departing a United States port or place; and
    (3) All other ships in the event of an emergency, entering or 
departing a United States port or place.
    (d) Immediately upon entering the reporting area, the vessels 
described in paragraph (c) of this section must provide the following 
information by e-mail sent to [email protected] in the IMO 
standard reporting format and data syntax shown in Appendix E:
    (1) Vessel name, call sign or ship station identity, flag, and IMO 
identification number if applicable, and either Federal documentation or 
State registration number if applicable.
    (2) Date, time (UTC) and month of entry.
    (3) Position.
    (4) True course.
    (5) Speed in knots and tenths.
    (6) Destination and estimated time of arrival.
    (7) Intended route through the Monument and the reporting area.
    (8) Vessel draft (in meters).
    (9) Categories of hazardous cargoes on board.
    (10) Any vessel defects or deficiencies that restrict 
maneuverability or impair normal navigation.
    (11) Any pollution incident or goods lost overboard within the 
Monument, the reporting area, or the U.S. EEZ.
    (12) Contact information for the vessel's agent or owner.
    (13) Vessel size (length overall, gross tonnage) and type.

[[Page 1172]]

    (14) Total number of persons on board.
    (e) Immediately upon leaving the reporting area, the vessels 
described in paragraph (c) must provide the following information by e-
mail sent to [email protected] in the IMO standard reporting 
format and data syntax shown in Appendix E:
    (1) Vessel name, call sign or ship station identity, flag, and IMO 
identification number if applicable, and either Federal documentation or 
State registration number if applicable.
    (2) Date, time (UTC) and month of exit.
    (3) Position.
    (4) Any pollution incident or goods lost overboard within the 
Monument, the reporting area, or the U.S. EEZ.
    (f)(1) Vessels of the United States less than 300 gross tonnage that 
are not equipped with onboard e-mail capability must provide 
notification of entry and the information described in paragraphs 
(d)(1), (2), (3) as applicable, (6), (7), (8), (9) as applicable, (10), 
(12), (13), and (14) of this section at least 72 hours, but no longer 
than 1 month, prior to the entry date. Notification of departure from 
the Monument and the information described in paragraph (e) of this 
section must be provided within 12 hours of leaving. Notification under 
this paragraph may be made by e-mail, telephone, or fax, by contacting: 
(i) E-mail: [email protected];
    (ii) Telephone: 1-866-478-NWHI (6944);
    (iii) Fax: 1-808-397-2662.
    (2) The information must be provided in the IMO standard reporting 
format and data syntax shown in Appendix E.
    (g) All vessels passing through the Monument without interruption 
other than those described in paragraphs (c)(1) through (3) of this 
section should participate in the ship reporting system set forth in 
paragraphs (d) and (e) of this section.

[73 FR 73598, Dec. 3, 2008]



Sec. 404.5   Requirements for a vessel monitoring system.

    (a) Requirement for use. Effective August 28, 2006, an owner or 
operator of a vessel that has been issued a permit for accessing the 
Monument must ensure that such vessel has an OLE-approved, operating VMS 
on board when voyaging within the Monument. An operating VMS includes an 
operating mobile transmitting unit on the vessel and a functioning 
communication link between the unit and OLE as provided by an OLE-
approved communication service provider. Appendix B to this part 404 
provides information regarding OLE-approved transmitting units.
    (b) Installing and activating the VMS. Only a VMS that has been 
approved by OLE may be used. When installing and activating the OLE-
approved VMS, or when reinstalling and reactivating such VMS, the vessel 
owner or operator must:
    (1) Follow procedures indicated on an installation and activation 
checklist, which is available from OLE; and
    (2) Submit to OLE a statement certifying compliance with the 
checklist, as prescribed on the checklist.
    (c) Interference with the VMS. No person may interfere with, tamper 
with, alter, damage, disable, or impede the operation of the VMS, or 
attempt any of the same.
    (d) Interruption of operation of the VMS. When a vessel's VMS is not 
operating properly, the owner or operator must immediately contact OLE, 
and follow instructions from that office. If notified by OLE that a 
vessel's VMS is not operating properly, the owner and operator must 
follow instructions from that office. In either event, such instructions 
may include, but are not limited to, manually communicating to a 
location designated by OLE the vessel's positions or returning to port 
until the VMS is operable.
    (e) Access to position data. As a condition of authorized access to 
the Monument, a vessel owner or operator subject to the requirements for 
a VMS in this section must allow OLE, the USCG, and their authorized 
officers and designees access to the vessel's position data obtained 
from the VMS. Consistent with other applicable laws, including the 
limitations on access to, and use of, VMS data collected under the 
Magnuson-Stevens Fishery Conservation and Management Act, the 
Secretaries may have access to, and use of, collected data for 
scientific, statistical, and management purposes.

[[Page 1173]]

    (f) Authority for installation and operation. OLE has authority over 
the installation and operation of the VMS unit. OLE may authorize the 
connection or order the disconnection of additional equipment, including 
a computer, to any VMS unit when deemed appropriate by OLE.
    (g) Activities Regarding Vessel Monitoring Systems. Effective August 
28, 2006, the following activities regarding vessel monitoring systems 
are prohibited and thus unlawful for any person to conduct or cause to 
be conducted:
    (1) Operating any vessel within the Monument without an OLE type-
approved mobile transceiver unit described in this section;
    (2) Failing to install, activate, repair, or replace a mobile 
transceiver unit prior to leaving port;
    (3) Failing to operate and maintain a mobile transceiver unit on 
board the vessel at all times as specified in this section;
    (4) Tampering with, damaging, destroying, altering, or in any way 
distorting, rendering useless, inoperative, ineffective, or inaccurate 
the VMS, mobile transceiver unit, or VMS signal required to be installed 
on or transmitted by a vessel as specified in this section;
    (5) Failing to contact OLE or follow OLE instructions when automatic 
position reporting has been interrupted as specified in this section;
    (6) Registering a VMS or mobile transceiver unit to more than one 
vessel at the same time;
    (7) Connecting or leaving connected additional equipment to a VMS 
unit or mobile transceiver unit without the prior approval of OLE; and
    (8) Making a false statement, oral or written, to an authorized 
officer regarding the installation, use, operation, or maintenance of a 
VMS unit or mobile transceiver unit or communication service provider.



Sec. 404.6   Prohibited activities.

    The following activities are prohibited and thus unlawful for any 
person to conduct or cause to be conducted:
    (a) Exploring for, developing, or producing oil, gas, or minerals 
within the Monument;
    (b) Using or attempting to use poisons, electrical charges, or 
explosives in the collection or harvest of a Monument resource;
    (c) Introducing or otherwise releasing an introduced species from 
within or into the Monument; and
    (d) Anchoring on or having a vessel anchored on any living or dead 
coral with an anchor, anchor chain, or anchor rope.



Sec. 404.7   Regulated activities.

    Except as provided in Sec. Sec. 404.8, 404.9 and 404.10, the 
following activities are prohibited and thus unlawful for any person to 
conduct or cause to be conducted within the Monument without a valid 
permit as provided for in Sec. 404.11:
    (a) Removing, moving, taking, harvesting, possessing, injuring, 
disturbing, or damaging; or attempting to remove, move, take, harvest, 
possess, injure, disturb, or damage any living or nonliving Monument 
resource;
    (b) Drilling into, dredging, or otherwise altering the submerged 
lands other than by anchoring a vessel; or constructing, placing, or 
abandoning any structure, material, or other matter on the submerged 
lands;
    (c) Anchoring a vessel;
    (d) Deserting a vessel aground, at anchor, or adrift;
    (e) Discharging or depositing any material or other matter into 
Special Preservation Areas or the Midway Atoll Special Management Area 
except vessel engine cooling water, weather deck runoff, and vessel 
engine exhaust;
    (f) Discharging or depositing any material or other matter into the 
Monument, or discharging or depositing any material or other matter 
outside the Monument that subsequently enters the Monument and injures 
any resources of the Monument, except fish parts (i.e., chumming 
material or bait) used in and during authorized fishing operations, or 
discharges incidental to vessel use such as deck wash, approved marine 
sanitation device effluent, cooling water, and engine exhaust;
    (g) Touching coral, living or dead;
    (h) Possessing fishing gear except when stowed and not available for 
immediate use during passage without interruption through the Monument;

[[Page 1174]]

    (i) Swimming, snorkeling, or closed or open circuit SCUBA diving 
within any Special Preservation Area or the Midway Atoll Special 
Management Area; and
    (j) Attracting any living Monument resource.



Sec. 404.8   Emergencies and law enforcement activities.

    The prohibitions in this part do not apply to activities necessary 
to respond to emergencies threatening life, property, or the 
environment, or to activities necessary for law enforcement purposes.



Sec. 404.9   Armed Forces actions.

    (a) The prohibitions in this part do not apply to activities and 
exercises of the Armed Forces (including those carried out by the United 
States Coast Guard) that are consistent with applicable laws.
    (b) These regulations shall not limit agency actions to respond to 
emergencies posing an unacceptable threat to human health or safety or 
to the marine environment and admitting of no other feasible solution.
    (c) All activities and exercises of the Armed Forces shall be 
carried out in a manner that avoids, to the extent practicable and 
consistent with operational requirements, adverse impacts on Monument 
resources and qualities.
    (d) In the event of threatened or actual destruction of, loss of, or 
injury to a Monument resource or quality resulting from an incident, 
including but not limited to spills and groundings, caused by a 
component of the Department of Defense or the United States Coast Guard, 
the cognizant component shall promptly coordinate with the Secretaries 
for the purpose of taking appropriate actions to respond to and mitigate 
the harm and, if possible, restore or replace the Monument resource or 
quality.



Sec. 404.10  Commercial fishing.

    (a) Lobster fishing. Any commercial lobster fishing permit is 
subject to a zero annual harvest limit condition.
    (b) Fishing and bottomfish and pelagic species. (1) Notwithstanding 
the prohibitions in Sec. 404.7(a) and (h), commercial fishing for 
bottomfish and associated pelagic species may continue within the 
Monument subject to paragraph (c) of this section, until June 15, 2011, 
provided that:
    (i) The fishing is conducted in accordance with a valid commercial 
bottomfish permit issued by NOAA; and
    (ii) Such permit was in effect on June 15, 2006, and is subsequently 
renewed pursuant to NOAA regulations at 50 CFR part 665, subpart E as 
necessary.
    (2) Total landings for each fishing year from fishing allowed under 
paragraph (b)(1) of this section may not exceed the following amounts:
    (i) 350,000 pounds for bottomfish species; and
    (ii) 180,000 pounds for pelagic species.
    (3) Commercial fishing for bottomfish and associated pelagic species 
is prohibited in the Monument after June 15, 2011.
    (c) General requirements. Any commercial fishing within the Monument 
shall be conducted in accordance with the following restrictions and 
conditions:
    (1) A valid permit or facsimile of a valid permit shall be on board 
the fishing vessel and available for inspection by an authorized 
officer;
    (2) No attempt is made to falsify or fail to make, keep, maintain, 
or submit any logbook or logbook form or other required record or 
report.
    (3) Only gear specifically authorized by the relevant permit issued 
under the Magnuson-Stevens Fishery Conservation and Management Act is 
allowed to be in the possession of a person conducting commercial 
fishing under this section;
    (4) Any person conducting commercial fishing notifies the 
Secretaries by telephone, facsimile, or electronic mail at least 72 
hours before entering the Monument and within 12 hours after leaving the 
Monument in accordance with Sec. 404.4(b) and (c);
    (5) All fishing vessels must carry an activated and functioning VMS 
unit on board at all times whenever the vessel is in the Monument;
    (6) All fishing vessels must carry an observer when requested to do 
so by the Secretaries;
    (7) The activity does not take place within any Ecological Reserve, 
any

[[Page 1175]]

Special Preservation Area, or the Midway Atoll Special Management Area.



Sec. 404.11  Permitting procedures and criteria.

    (a) Issuance. Subject to such terms and conditions as the 
Secretaries deem appropriate, a person may conduct an activity 
prohibited by Sec. 404.7 if such activity is specifically authorized by 
a permit issued under this section.
    (b) Application requirements. Applicants for permits under this 
section shall submit applications to: Northwestern Hawaiian Islands 
Marine National Monument, 6600 Kalanianaole Highway, Suite 300, 
Honolulu, HI 96825.
    (c) Permit Types. A permit under this subpart may be issued if the 
Secretaries find that the activity:
    (1) Is research designed to further understanding of Monument 
resources and qualities;
    (2) Will further the educational value of the Monument;
    (3) Will assist in the conservation and management of the Monument;
    (4) Will allow Native Hawaiian practices subject to paragraph (e) of 
this section;
    (5) Will allow a special ocean use subject to paragraph (f) of this 
section; or
    (6) Will allow recreational activities subject to paragraph (g) of 
this section.
    (d) Findings. A permit may not be issued under this section unless 
the Secretaries find:
    (1) The activity can be conducted with adequate safeguards for the 
resources and ecological integrity of the Monument;
    (2) The activity will be conducted in a manner compatible with the 
purposes of the Proclamation, considering the extent to which the 
conduct of the activity may diminish or enhance Monument resources, 
qualities, and ecological integrity, any indirect, secondary or 
cumulative effects of the activity, and the duration of such effects;
    (3) There is no practicable alternative to conducting the activity 
within the Monument;
    (4) The end value of the activity outweighs its adverse impacts on 
Monument resources, qualities, and ecological integrity;
    (5) The duration of the activity is no longer than necessary to 
achieve its stated purpose;
    (6) The applicant is qualified to conduct and complete the activity 
and mitigate any potential impacts resulting from its conduct;
    (7) The applicant has adequate financial resources available to 
conduct and complete the activity and mitigate any potential impacts 
resulting from its conduct;
    (8) The methods and procedures proposed by the applicant are 
appropriate to achieve the proposed activity's goals in relation to 
their impacts to Monument resources, qualities, and ecological 
integrity;
    (9) The applicant's vessel has been outfitted with a mobile 
transceiver unit approved by OLE and complies with the requirements of 
Sec. 404.5; and
    (10) There are no other factors that would make the issuance of a 
permit for the activity inappropriate.
    (e) Additional findings for Native Hawaiian practice permits. In 
addition to the findings listed in paragraph (d) of this section, a 
permit to allow Native Hawaiian practices under paragraph (c)(4) of this 
section, may not be issued unless:
    (1) The activity is non-commercial and will not involve the sale of 
any organism or material collected;
    (2) The purpose and intent of the activity are appropriate and 
deemed necessary by traditional standards in the Native Hawaiian culture 
(pono), and demonstrate an understanding of, and background in, the 
traditional practice, and its associated values and protocols;
    (3) The activity benefits the resources of the Northwestern Hawaiian 
Islands and the Native Hawaiian community;
    (4) The activity supports or advances the perpetuation of 
traditional knowledge and ancestral connections of Native Hawaiians to 
the Northwestern Hawaiian Islands; and
    (5) Any Monument resource harvested from the Monument will be 
consumed in the Monument.
    (f) Additional findings, criteria, and requirements for special 
ocean use permits. (1) In addition to the findings listed in

[[Page 1176]]

paragraph (d) of this section, the following requirements apply to the 
issuance of a permit for a special ocean use under paragraph (c)(5) of 
this section:
    (i) Any permit for a special ocean use issued under this section:
    (A) Shall authorize the conduct of an activity only if that activity 
is compatible with the purposes for which the Monument is designated and 
with protection of Monument resources;
    (B) Shall not authorize the conduct of any activity for a period of 
more than 5 years unless renewed;
    (C) Shall require that activities carried out under the permit be 
conducted in a manner that does not destroy, cause the loss of, or 
injure Monument resources; and
    (D) Shall require the permittee to purchase and maintain 
comprehensive general liability insurance, or post an equivalent bond, 
against claims arising out of activities conducted under the permit and 
to agree to hold the United States harmless against such claims;
    (ii) Each person issued a permit for a special ocean use under this 
section shall submit an annual report to the Secretaries not later than 
December 31 of each year which describes activities conducted under that 
permit and revenues derived from such activities during the year.
    (2) In addition to the findings listed in paragraph (d) of this 
section, a permit may not be issued for a special ocean use unless the 
activity has been determined to be consistent with the findings made 
pursuant to paragraph (f) of this section.
    (3) Categories of special ocean use being permitted for the first 
time under this section will be restricted in duration and permitted as 
a special ocean use pilot project. Subsequent permits for any category 
of special ocean use may only be issued if a special ocean use pilot 
project for that category meets the requirements of this section, and 
any terms and conditions placed on the permit for the pilot project.
    (4) Public notice shall be provided prior to requiring a special 
ocean use permit for any category of activity not previously identified 
as a special ocean use.
    (5) The following requirements apply to permits for a special ocean 
use for an activity within the Midway Atoll Special Management Area.
    (i) A permit for a special ocean use for activities within the 
Midway Atoll Special Management Area may be issued provided:
    (A) The activity furthers the conservation and management of the 
Monument; and
    (B) The Director of the United States Fish and Wildlife Service or 
his or her designee has determined that the activity is compatible with 
the purposes for which the Midway Atoll National Wildlife Refuge was 
designated.
    (ii) As part of a permit issued pursuant to this paragraph (f)(5), 
vessels may be allowed to transit the Monument as necessary to enter the 
Midway Atoll Special Management Area.
    (6) A permit for a special ocean use for activities outside the 
Midway Atoll Special Management Area may be issued provided:
    (i) The activity will directly benefit the conservation and 
management of the Monument;
    (ii) The purpose of the activity is for research or education 
related to the resources or qualities of the Monument;
    (iii) Public notice of the application and an opportunity to provide 
comments is given at least 30 days prior to issuing the permit; and
    (iv) The activity does not involve the use of a commercial passenger 
vessel.
    (g) Additional findings for recreation permits. A permit for 
recreational activities under paragraph (c)(6) of this section may be 
issued for activities to be conducted within the Midway Atoll Special 
Management area if, in addition to the findings listed in paragraph (d) 
of this section:
    (1) The activity is for the purpose of recreation as defined in 
section 404.3;
    (2) The activity is not associated with any for-hire operation; and
    (3) The activity does not involve any extractive use.
    (h) Sustenance fishing. Sustenance fishing, as defined in 404.3, may 
be allowed outside of any Special Preservation Area as a term or 
condition of any

[[Page 1177]]

permit issued under this part. Sustenance fishing in the Midway Atoll 
Special Management Area shall not be allowed unless the activity has 
been determined by the Director of the U.S. Fish and Wildlife Service or 
his or her designee to be compatible with the purposes for which the 
Midway Atoll National Wildlife Refuge was established. Sustenance 
fishing must be conducted in a manner compatible with the Proclamation 
and this part, including considering the extent to which the conduct of 
the activity may diminish Monument resources, qualities, and ecological 
integrity, as well as any indirect, secondary, or cumulative effects of 
the activity and the duration of such effects. Sustenance fishing is 
subject to systematic reporting requirements when developed by the 
Secretaries.

[71 FR 51135, Aug. 29, 2006, as amended at 72 FR 5643, Feb. 7, 2007]



Sec. 404.12  International law.

    These regulations shall be applied in accordance with international 
law. No restrictions shall apply to or be enforced against a person who 
is not a citizen, national, or resident alien of the United States 
(including foreign flag vessels) unless in accordance with international 
law.



  Sec. Appendix A to Part 404--Map of the Monument Outer Boundary and 
   Ecological Reserves, Special Preservation Areas, and Midway Atoll 
                         Special Management Area

[[Page 1178]]

[GRAPHIC] [TIFF OMITTED] TR29AU06.000


[[Page 1179]]





                Sec. Appendix B to Part 404--Approved VMS

                     I. VMS Mobile Transceiver Unit

                  Thrane & Thrane Sailor 3026D Gold VMS

    The Thrane & Thrane Sailor 3026D Gold VMS (TT-3026D) has been found 
to meet the minimum technical requirements for vessels issued permits to 
operate in the Northwestern Hawaiian Islands Marine National Monument. 
The address for the Thrane & Thrane distributor contact is provided in 
this notice under the heading VMS Provider Address.
    The TT-3026D Gold VMS features an integrated GPS/Inmarsat-C unit and 
a marine grade monitor with keyboard and integrated mouse. The unit is 
factory pre-configured for NMFS VMS operations (non-Global Maritime 
Distress & Safety System (non-GMDSS)). Satellite commissioning services 
are provided by Thrane & Thrane personnel.
    Automatic GPS position reporting starts after transceiver 
installation and power activation onboard the vessel. The unit is an 
integrated transceiver/antenna/GPS design using a floating 10 to 32 VDC 
power supply. The unit is configured for automatic reduced position 
transmissions when the vessel is stationary (i.e., in port). It allows 
for port stays without power drain or power shut down. The unit restarts 
normal position transmission automatically when the vessel goes to sea.
    The TT-3026D provides operation down to 15 
degree angles. The unit has the capability of two-way communications to 
send formatted forms and to receive e-mail and other messages. A 
configuration option is available to automatically send position reports 
to a private address, such as a fleet management company.
    A vessel owner may purchase this system by contacting the entity 
identified in this notice under the heading ``VMS Provider Address'' The 
owner should identify himself or herself as a vessel owner issued a 
permit to operate in the Northwestern Hawaiian Islands Marine National 
Monument, so the transceiver set can be properly configured. To use the 
TT-3026D the vessel owner will need to establish an Inmarsat-C system 
use contract with an approved Inmarsat-C communications service 
provider. The owner will be required to complete the Inmarsat-C 
``Registration for Service Activation for Maritime Mobile Earth 
Station.'' The owner should consult with Thrane & Thrane when completing 
this form.
    Thrane & Thrane personnel will perform the following services before 
shipment: (1) Configure the transceiver according to OLE specifications 
for vessels issued permits to operate in the Northwestern Hawaiian 
Islands Marine National Monument; (2) download the predetermined NMFS 
position reporting and broadcast command identification numbers into the 
unit; (3) test the unit to ensure operation when installation has been 
completed on the vessel; and (4) forward the Inmarsat service provider 
and the transceiver identifying information to OLE.

                 II. Inmarsat-C Communications Providers

    It is recommended, for vendor warranty and customer service 
purposes, that the vessel owner keep for his or her records and that 
Telenor and Xantic have on record the following identifying information: 
(1) Signed and dated receipts and contracts; (2) transceiver serial 
number; (3) Telenor or Xantic customer number, user name and password; 
(4) e-mail address of transceiver; (5) Inmarsat identification number; 
(6) owner name; (7) vessel name; (8) vessel documentation or 
registration number; and (9) mobile earth station license (FCC license).
    The OLE will provide an installation and activation checklist that 
the vessel owner must follow. The vessel owner must sign a statement on 
the checklist certifying compliance with the installation procedures and 
return the checklist to OLE. Installation can be performed by an 
experienced crew or by an electronics specialist, and the installation 
cost is paid by the owner.
    The owner may confirm the TT-3026D operation and communications 
service to ensure that position reports are automatically sent to and 
received by OLE before leaving on a trip under VMS. The OLE does not 
regard the vessel as meeting requirements until position reports are 
automatically received. For confirmation purposes, contact the NOAA 
Fisheries Office for Law Enforcement, 8484 Georgia Ave., Suite 415, 
Silver Spring, MD 20910, phone 888-219-9228, fax 301-427-0049.

                       Telenor Satellite Services

    Inmarsat-C is a store-and-forward data messaging service. Inmarsat-C 
allows users to send and receive information virtually anywhere in the 
world, on land, at sea, and in the air. Inmarsat-C supports a wide 
variety of applications including Internet, e-mail, position and weather 
reporting, a free daily news service, and remote equipment monitoring 
and control. Mariners can use Inmarsat-C free of charge to send critical 
safety at sea messages as part of the U.S. Coast Guard's Automated 
Mutual-Assistance Vessel Rescue system and of the NOAA Shipboard 
Environmental Acquisition System programs. Telenor Vessel Monitoring 
System Services is being sold through Thrane & Thrane, Inc. For the 
Thrane & Thrane and Telenor addresses, look inside this notice under the 
heading ``VMS Provider Address''

[[Page 1180]]

                                 Xantic

    Xantic is a provider of Vessel Monitoring Services to the maritime 
industry. By installing an approved OLE Inmarsat-C transceiver on the 
vessel, vessels can send and receive e-mail, to and from land, while the 
transceiver automatically sends vessel position reports to OLE, and is 
fully compliant with the International Coast Guard Search and Rescue 
Centers. Xantic Vessel Monitoring System Services are being sold through 
Thrane & Thrane, Inc. For the Thrane & Thrane and Xantic addresses, look 
in this notice under the heading ``VMS Provider Address''
    For Telenor and Xantic, Thrane & Thrane customer service supports 
the security and privacy of vessel accounts and messages with the 
following: (a) Password authentication for vessel owners or agents and 
for OLE to prevent unauthorized changes or inquiries; and (b) separation 
of private messages from OLE messages. (OLE requires VMS-related 
position reports, only.)
    Billing is separated between accounts for the vessel owner and the 
OLE. VMS position reports and vessel-initiated messaging are paid for by 
the vessel owner. Messaging initiated from OLE operations center is paid 
for by NOAA.
    Thrane & Thrane provides customer service for Telenor and Xantic 
users to support and establish two-way transmission of transceiver unit 
configuration commands between the transceiver and land-based control 
centers. This supports OLE's message needs and, optionally, the crew's 
private message needs.
    The vessel owner can configure automatic position reports to be sent 
to a private address, such as to a fleet management company.
    Vessel owners wishing to use Telenor or Xantic services will need to 
purchase an Inmarsat-C transceiver approved for vessels issued permits 
to operate in the Northwestern Hawaiian Islands Marine National 
Monument. The owner will need to complete an Inmarsat-C system use 
contract with Telenor or Xantic, including a mobile earth station 
license (FCC requirement). The transceiver will need to be commissioned 
with Inmarsat according to Telenor or Xantic's instructions. The owner 
should refer to and follow the configuration, installation, and service 
activation procedures for the specific transceiver purchased.

                        III. VMS Provider Address

    For TT-3026D, Telenor, or Xantic information, contact Ronald 
Lockerby, Marine Products, Thrane & Thrane, Inc., 509 Viking Drive, 
Suite K, L & M, Virginia Beach, VA 23452; voice: 757-463-9557; fax: 757-
463-9581, e-mail: [email protected]; Web site: http://
www.landseasystems.com.



Sec. Appendix C to Part 404--Boundary Coordinated for Papahanaumokuakea 
              Marine National Monument Areas To Be Avoided

                  Appendix C--Geographical Coordinates

                           Areas To Be Avoided

               Papahanaumokuakea Marine National Monument

    Reference chart: United States 540, 2008 edition; 19016, 2008 
edition; 19019, 2008 edition; 19022, 2008 edition.
    These charts are based on World Geodetic System 1984 Datum (WGS-84) 
and astronomic datum.

     Table C-1--Kure Atoll, Midway Atoll, and Pearl and Hermes Atoll
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  27[deg]14[min].76   176[deg]29[min].87
2...............................  27[deg]24[min].95   177[deg]33[min].31
3...............................  27[deg]35[min].87   178[deg]29[min].90
4...............................  27[deg]36[min].64   178[deg]33[min].93
5...............................  27[deg]37[min].53   178[deg]37[min].32
6...............................  27[deg]38[min].60   178[deg]40[min].65
7...............................  27[deg]39[min].85   178[deg]43[min].90
8...............................  27[deg]41[min].28   178[deg]47[min].05
9...............................  27[deg]42[min].89   178[deg]50[min].10
10..............................  27[deg]44[min].66   178[deg]53[min].03
11..............................  27[deg]46[min].59   178[deg]55[min].83
12..............................  27[deg]48[min].67   178[deg]58[min].49
13..............................  27[deg]50[min].89   179[deg]01[min].00
14..............................  27[deg]53[min].22   179[deg]03[min].39
15..............................  27[deg]55[min].69   179[deg]05[min].61
16..............................  27[deg]58[min].29   179[deg]07[min].61
17..............................  28[deg]01[min].01   179[deg]09[min].47
18..............................  28[deg]03[min].81   179[deg]11[min].10
19..............................  28[deg]06[min].71   179[deg]12[min].53
20..............................  28[deg]09[min].67   179[deg]13[min].75
21..............................  28[deg]12[min].70   179[deg]14[min].75
22..............................  28[deg]15[min].78   179[deg]15[min].54
23..............................  28[deg]18[min].91   179[deg]16[min].11
24..............................  28[deg]22[min].04   179[deg]16[min].45
25..............................  28[deg]24[min].72   179[deg]16[min].56
26..............................  28[deg]25[min].20   179[deg]16[min].57
27..............................  28[deg]25[min].81   179[deg]16[min].56
28..............................  28[deg]28[min].35   179[deg]16[min].44
29..............................  28[deg]31[min].49   179[deg]16[min].10
30..............................  28[deg]34[min].61   179[deg]15[min].54
31..............................  28[deg]37[min].69   179[deg]14[min].75
32..............................  28[deg]40[min].71   179[deg]13[min].74
33..............................  28[deg]43[min].68   179[deg]12[min].54
34..............................  28[deg]46[min].58   179[deg]11[min].13
35..............................  28[deg]49[min].39   179[deg]09[min].52
36..............................  28[deg]52[min].11   179[deg]07[min].70
37..............................  28[deg]54[min].72   179[deg]05[min].70
38..............................  28[deg]57[min].21   179[deg]03[min].51
39..............................  28[deg]59[min].58   179[deg]01[min].15
40..............................  29[deg]01[min].81   178[deg]58[min].62
41..............................  29[deg]03[min].90   178[deg]55[min].93
42..............................  29[deg]05[min].83   178[deg]53[min].10
43..............................  29[deg]07[min].60   178[deg]50[min].13
44..............................  29[deg]09[min].21   178[deg]47[min].04
45..............................  29[deg]10[min].64   178[deg]43[min].84
46..............................  29[deg]11[min].89   178[deg]40[min].54
47..............................  29[deg]12[min].95   178[deg]37[min].16
48..............................  29[deg]13[min].82   178[deg]33[min].71
49..............................  29[deg]14[min].50   178[deg]30[min].21

[[Page 1181]]

 
50..............................  29[deg]14[min].99   178[deg]26[min].66
51..............................  29[deg]15[min].28   178[deg]23[min].08
52..............................  29[deg]15[min].36   178[deg]19[min].49
53..............................  29[deg]15[min].25   178[deg]15[min].90
54..............................  29[deg]14[min].94   178[deg]12[min].32
55..............................  29[deg]14[min].43   178[deg]08[min].78
56..............................  29[deg]03[min].47   177[deg]12[min].07
57..............................  29[deg]02[min].55   177[deg]07[min].29
58..............................  28[deg]38[min].96   175[deg]35[min].47
59..............................  28[deg]38[min].67   175[deg]34[min].35
60..............................  28[deg]34[min].91   175[deg]19[min].74
61..............................  28[deg]26[min].24   175[deg]10[min].65
62..............................  28[deg]24[min].61   175[deg]08[min].95
63..............................  28[deg]24[min].53   175[deg]09[min].04
64..............................  28[deg]20[min].09   175[deg]04[min].91
65..............................  28[deg]16[min].05   175[deg]01[min].92
66..............................  28[deg]11[min].78   174[deg]59[min].33
67..............................  28[deg]07[min].29   174[deg]57[min].23
68..............................  28[deg]02[min].63   174[deg]55[min].68
69..............................  27[deg]57[min].84   174[deg]54[min].62
70..............................  27[deg]53[min].01   174[deg]54[min].05
71..............................  27[deg]48[min].12   174[deg]54[min].05
72..............................  27[deg]43[min].28   174[deg]54[min].62
73..............................  27[deg]38[min].48   174[deg]55[min].71
74..............................  27[deg]33[min].81   174[deg]57[min].32
75..............................  27[deg]29[min].30   174[deg]59[min].43
76..............................  27[deg]25[min].00   175[deg]02[min].03
77..............................  27[deg]20[min].93   175[deg]05[min].07
78..............................  27[deg]17[min].18   175[deg]08[min].59
79..............................  27[deg]13[min].73   175[deg]12[min].47
80..............................  27[deg]10[min].59   175[deg]16[min].67
81..............................  27[deg]07[min].88   175[deg]21[min].25
82..............................  27[deg]05[min].57   175[deg]26[min].09
83..............................  27[deg]03[min].66   175[deg]31[min].15
84..............................  27[deg]02[min].22   175[deg]36[min].40
85..............................  27[deg]01[min].29   175[deg]41[min].78
86..............................  27[deg]00[min].73   175[deg]47[min].22
87..............................  27[deg]00[min].68   175[deg]52[min].74
88..............................  27[deg]01[min].09   175[deg]58[min].16
89..............................  27[deg]01[min].99   176[deg]03[min].53
90..............................  27[deg]03[min].34   176[deg]08[min].81
91..............................  27[deg]05[min].12   176[deg]13[min].91
92..............................  27[deg]07[min].37   176[deg]18[min].79
93..............................  27[deg]09[min].98   176[deg]23[min].40
94..............................  27[deg]13[min].02   176[deg]27[min].74
95..............................  27[deg]13[min].77   176[deg]28[min].70
------------------------------------------------------------------------


  Table C-2--Lisianski Island, Laysan Island, Maro Reef, and Raita Bank
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  26[deg]50[min].89   173[deg]30[min].79
2...............................  26[deg]36[min].00   171[deg]37[min].70
3...............................  26[deg]35[min].49   171[deg]33[min].84
4...............................  26[deg]35[min].10   171[deg]30[min].84
5...............................  26[deg]34[min].07   171[deg]27[min].50
6...............................  26[deg]33[min].35   171[deg]25[min].16
7...............................  26[deg]14[min].26   170[deg]23[min].04
8...............................  26[deg]08[min].69   169[deg]48[min].96
9...............................  26[deg]08[min].36   169[deg]49[min].03
10..............................  26[deg]07[min].62   169[deg]45[min].83
11..............................  26[deg]06[min].03   169[deg]40[min].57
12..............................  26[deg]03[min].97   169[deg]35[min].64
13..............................  26[deg]01[min].51   169[deg]30[min].91
14..............................  25[deg]58[min].65   169[deg]26[min].45
15..............................  25[deg]55[min].32   169[deg]22[min].34
16..............................  25[deg]51[min].67   169[deg]18[min].60
17..............................  25[deg]47[min].78   169[deg]15[min].19
18..............................  25[deg]43[min].54   169[deg]12[min].34
19..............................  25[deg]39[min].05   169[deg]09[min].93
20..............................  25[deg]34[min].37   169[deg]08[min].08
21..............................  25[deg]29[min].54   169[deg]06[min].76
22..............................  25[deg]24[min].61   169[deg]05[min].93
23..............................  25[deg]19[min].63   169[deg]05[min].64
24..............................  25[deg]14[min].65   169[deg]05[min].93
25..............................  25[deg]09[min].69   169[deg]06[min].66
26..............................  25[deg]04[min].85   169[deg]08[min].02
27..............................  25[deg]00[min].17   169[deg]09[min].96
28..............................  24[deg]55[min].66   169[deg]12[min].35
29..............................  24[deg]51[min].35   169[deg]15[min].14
30..............................  24[deg]47[min].37   169[deg]18[min].48
31..............................  24[deg]43[min].69   169[deg]22[min].22
32..............................  24[deg]40[min].34   169[deg]26[min].31
33..............................  24[deg]37[min].42   169[deg]30[min].78
34..............................  24[deg]35[min].00   169[deg]35[min].64
35..............................  24[deg]33[min].02   169[deg]40[min].66
36..............................  24[deg]31[min].34   169[deg]45[min].88
37..............................  24[deg]30[min].31   169[deg]51[min].08
38..............................  24[deg]29[min].68   169[deg]56[min].53
39..............................  24[deg]29[min].56   170[deg]01[min].81
40..............................  24[deg]29[min].61   170[deg]04[min].57
41..............................  24[deg]35[min].77   170[deg]44[min].39
42..............................  24[deg]36[min].29   170[deg]47[min].58
43..............................  24[deg]37[min].18   170[deg]50[min].37
44..............................  24[deg]37[min].76   170[deg]52[min].17
45..............................  24[deg]56[min].23   171[deg]50[min].19
46..............................  25[deg]16[min].61   174[deg]24[min].84
47..............................  25[deg]29[min].56   174[deg]38[min].45
48..............................  25[deg]33[min].28   174[deg]42[min].03
49..............................  25[deg]37[min].33   174[deg]45[min].20
50..............................  25[deg]41[min].68   174[deg]47[min].84
51..............................  25[deg]46[min].23   174[deg]50[min].05
52..............................  25[deg]50[min].93   174[deg]51[min].77
53..............................  25[deg]55[min].80   174[deg]52[min].91
54..............................  26[deg]00[min].71   174[deg]53[min].47
55..............................  26[deg]05[min].67   174[deg]53[min].61
56..............................  26[deg]10[min].59   174[deg]53[min].07
57..............................  26[deg]15[min].46   174[deg]52[min].08
58..............................  26[deg]20[min].20   174[deg]50[min].57
59..............................  26[deg]24[min].75   174[deg]48[min].44
60..............................  26[deg]29[min].15   174[deg]45[min].94
61..............................  26[deg]33[min].26   174[deg]42[min].96
62..............................  26[deg]37[min].11   174[deg]39[min].49
63..............................  26[deg]40[min].60   174[deg]35[min].63
64..............................  26[deg]43[min].75   174[deg]31[min].43
65..............................  26[deg]46[min].49   174[deg]26[min].87
66..............................  26[deg]48[min].90   174[deg]22[min].09
67..............................  26[deg]50[min].79   174[deg]17[min].03
68..............................  26[deg]52[min].20   174[deg]11[min].79
69..............................  26[deg]53[min].21   174[deg]06[min].43
70..............................  26[deg]53[min].74   174[deg]00[min].98
71..............................  26[deg]53[min].74   173[deg]55[min].48
72..............................  26[deg]53[min].29   173[deg]50[min].02
73..............................  26[deg]52[min].56   173[deg]44[min].58
74..............................  26[deg]51[min].85   173[deg]39[min].14
75..............................  26[deg]51[min].13   173[deg]33[min].69
76..............................  26[deg]50[min].75   173[deg]30[min].87
------------------------------------------------------------------------


 Table C-3--Gardner Pinnacles, French Frigate Shoals, and Necker Island
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  25[deg]49[min].64   167[deg]52[min].66
2...............................  25[deg]49[min].70   167[deg]52[min].65
3...............................  25[deg]48[min].99   167[deg]48[min].35
4...............................  25[deg]47[min].09   167[deg]36[min].72
5...............................  25[deg]39[min].84   167[deg]26[min].48
6...............................  25[deg]35[min].10   167[deg]19[min].79

[[Page 1182]]

 
7...............................  25[deg]10[min].43   166[deg]45[min].00
8...............................  24[deg]40[min].91   166[deg]03[min].36
9...............................  24[deg]35[min].64   165[deg]34[min].99
10..............................  24[deg]23[min].78   164[deg]31[min].12
11..............................  24[deg]23[min].59   164[deg]31[min].14
12..............................  24[deg]23[min].31   164[deg]29[min].74
13..............................  24[deg]21[min].85   164[deg]24[min].52
14..............................  24[deg]20[min].10   164[deg]19[min].39
15..............................  24[deg]17[min].75   164[deg]14[min].56
16..............................  24[deg]14[min].99   164[deg]09[min].97
17..............................  24[deg]11[min].86   164[deg]05[min].69
18..............................  24[deg]08[min].30   164[deg]01[min].80
19..............................  24[deg]04[min].48   163[deg]58[min].23
20..............................  24[deg]00[min].27   163[deg]55[min].22
21..............................  23[deg]55[min].85   163[deg]52[min].59
22..............................  23[deg]51[min].17   163[deg]50[min].56
23..............................  23[deg]46[min].33   163[deg]48[min].98
24..............................  23[deg]41[min].37   163[deg]47[min].99
25..............................  23[deg]36[min].34   163[deg]47[min].56
26..............................  23[deg]31[min].27   163[deg]47[min].60
27..............................  23[deg]26[min].27   163[deg]48[min].28
28..............................  23[deg]21[min].34   163[deg]49[min].50
29..............................  23[deg]16[min].53   163[deg]51[min].14
30..............................  23[deg]11[min].96   163[deg]53[min].47
31..............................  23[deg]07[min].54   163[deg]56[min].15
32..............................  23[deg]03[min].46   163[deg]59[min].38
33..............................  22[deg]59[min].65   164[deg]03[min].01
34..............................  22[deg]56[min].27   164[deg]07[min].10
35..............................  22[deg]53[min].22   164[deg]11[min].49
36..............................  22[deg]50[min].60   164[deg]16[min].18
37..............................  22[deg]48[min].48   164[deg]21[min].16
38..............................  22[deg]46[min].73   164[deg]26[min].28
39..............................  22[deg]45[min].49   164[deg]31[min].60
40..............................  22[deg]44[min].83   164[deg]37[min].03
41..............................  22[deg]44[min].65   164[deg]42[min].51
42..............................  22[deg]44[min].92   164[deg]47[min].99
43..............................  22[deg]45[min].11   164[deg]49[min].52
44..............................  22[deg]45[min].39   164[deg]51[min].48
45..............................  22[deg]45[min].17   164[deg]51[min].53
46..............................  22[deg]50[min].26   165[deg]34[min].99
47..............................  22[deg]55[min].50   166[deg]19[min].63
48..............................  22[deg]55[min].93   166[deg]23[min].32
49..............................  22[deg]57[min].41   166[deg]36[min].00
50..............................  23[deg]03[min].75   166[deg]45[min].00
51..............................  23[deg]05[min].48   166[deg]47[min].45
52..............................  24[deg]12[min].70   168[deg]22[min].86
53..............................  24[deg]12[min].88   168[deg]22[min].78
54..............................  24[deg]16[min].05   168[deg]27[min].28
55..............................  24[deg]19[min].15   168[deg]31[min].66
56..............................  24[deg]22[min].27   168[deg]35[min].95
57..............................  24[deg]25[min].71   168[deg]39[min].94
58..............................  24[deg]29[min].51   168[deg]43[min].55
59..............................  24[deg]33[min].67   168[deg]46[min].63
60..............................  24[deg]38[min].06   168[deg]49[min].29
61..............................  24[deg]42[min].68   168[deg]51[min].46
62..............................  24[deg]47[min].45   168[deg]53[min].12
63..............................  24[deg]52[min].34   168[deg]54[min].28
64..............................  24[deg]57[min].32   168[deg]54[min].82
65..............................  25[deg]02[min].32   168[deg]54[min].95
66..............................  25[deg]07[min].30   168[deg]54[min].43
67..............................  25[deg]12[min].19   168[deg]53[min].32
68..............................  25[deg]16[min].99   168[deg]51[min].76
69..............................  25[deg]21[min].57   168[deg]49[min].60
70..............................  25[deg]25[min].94   168[deg]46[min].93
71..............................  25[deg]30[min].09   168[deg]43[min].86
72..............................  25[deg]33[min].89   168[deg]40[min].42
73..............................  25[deg]37[min].37   168[deg]36[min].52
74..............................  25[deg]40[min].49   168[deg]32[min].24
75..............................  25[deg]43[min].24   168[deg]27[min].68
76..............................  25[deg]45[min].57   168[deg]22[min].82
77..............................  25[deg]47[min].43   168[deg]17[min].76
78..............................  25[deg]48[min].79   168[deg]12[min].47
79..............................  25[deg]49[min].72   168[deg]07[min].09
80..............................  25[deg]50[min].11   168[deg]01[min].62
81..............................  25[deg]50[min].18   168[deg]00[min].09
------------------------------------------------------------------------


                         Table C-4--Nihoa Island
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  23[deg]52[min].82   161[deg]44[min].54
2...............................  23[deg]52[min].10   161[deg]41[min].20
3...............................  23[deg]51[min].18   161[deg]37[min].92
4...............................  23[deg]50[min].08   161[deg]34[min].71
5...............................  23[deg]48[min].79   161[deg]31[min].58
6...............................  23[deg]47[min].33   161[deg]28[min].55
7...............................  23[deg]45[min].69   161[deg]25[min].62
8...............................  23[deg]43[min].88   161[deg]22[min].81
9...............................  23[deg]41[min].92   161[deg]20[min].13
10..............................  23[deg]39[min].80   161[deg]17[min].60
11..............................  23[deg]37[min].54   161[deg]15[min].21
12..............................  23[deg]35[min].14   161[deg]12[min].99
13..............................  23[deg]32[min].62   161[deg]10[min].93
14..............................  23[deg]29[min].99   161[deg]09[min].05
15..............................  23[deg]27[min].25   161[deg]07[min].35
16..............................  23[deg]24[min].42   161[deg]05[min].85
17..............................  23[deg]21[min].51   161[deg]04[min].54
18..............................  23[deg]18[min].52   161[deg]03[min].43
19..............................  23[deg]15[min].48   161[deg]02[min].53
20..............................  23[deg]12[min].39   161[deg]01[min].84
21..............................  23[deg]09[min].27   161[deg]01[min].35
22..............................  23[deg]06[min].13   161[deg]01[min].09
23..............................  23[deg]02[min].97   161[deg]01[min].03
24..............................  22[deg]59[min].82   161[deg]01[min].19
25..............................  22[deg]56[min].69   161[deg]01[min].57
26..............................  22[deg]53[min].58   161[deg]02[min].15
27..............................  22[deg]50[min].51   161[deg]02[min].95
28..............................  22[deg]47[min].50   161[deg]03[min].95
29..............................  22[deg]44[min].55   161[deg]05[min].15
30..............................  22[deg]41[min].67   161[deg]06[min].54
31..............................  22[deg]38[min].88   161[deg]08[min].13
32..............................  22[deg]36[min].19   161[deg]09[min].90
33..............................  22[deg]33[min].61   161[deg]11[min].85
34..............................  22[deg]31[min].14   161[deg]13[min].97
35..............................  22[deg]28[min].81   161[deg]16[min].25
36..............................  22[deg]26[min].61   161[deg]18[min].69
37..............................  22[deg]24[min].56   161[deg]21[min].26
38..............................  22[deg]22[min].66   161[deg]23[min].97
39..............................  22[deg]20[min].92   161[deg]26[min].80
40..............................  22[deg]19[min].35   161[deg]29[min].74
41..............................  22[deg]17[min].95   161[deg]32[min].78
42..............................  22[deg]16[min].73   161[deg]35[min].90
43..............................  22[deg]15[min].70   161[deg]39[min].10
44..............................  22[deg]14[min].85   161[deg]42[min].37
45..............................  22[deg]14[min].20   161[deg]45[min].68
46..............................  22[deg]13[min].73   161[deg]49[min].03
47..............................  22[deg]13[min].47   161[deg]52[min].41
48..............................  22[deg]13[min].40   161[deg]55[min].80
49..............................  22[deg]13[min].53   161[deg]59[min].18
50..............................  22[deg]13[min].85   162[deg]02[min].55
51..............................  22[deg]14[min].31   162[deg]05[min].45
52..............................  22[deg]14[min].37   162[deg]05[min].89
53..............................  22[deg]14[min].59   162[deg]06[min].88
54..............................  22[deg]15[min].87   162[deg]12[min].18
55..............................  22[deg]17[min].70   162[deg]17[min].31
56..............................  22[deg]19[min].97   162[deg]22[min].20
57..............................  22[deg]22[min].73   162[deg]26[min].84
58..............................  22[deg]25[min].88   162[deg]31[min].15
59..............................  22[deg]29[min].41   162[deg]35[min].09

[[Page 1183]]

 
60..............................  22[deg]33[min].28   162[deg]38[min].61
61..............................  22[deg]37[min].47   162[deg]41[min].72
62..............................  22[deg]41[min].93   162[deg]44[min].34
63..............................  22[deg]46[min].63   162[deg]46[min].47
64..............................  22[deg]51[min].48   162[deg]48[min].05
65..............................  22[deg]56[min].46   162[deg]49[min].09
66..............................  23[deg]01[min].50   162[deg]49[min].58
67..............................  23[deg]06[min].58   162[deg]49[min].49
68..............................  23[deg]11[min].61   162[deg]48[min].89
69..............................  23[deg]16[min].57   162[deg]47[min].70
70..............................  23[deg]21[min].36   162[deg]45[min].98
71..............................  23[deg]26[min].02   162[deg]43[min].75
72..............................  23[deg]30[min].40   162[deg]41[min].01
73..............................  23[deg]34[min].51   162[deg]37[min].83
74..............................  23[deg]38[min].26   162[deg]34[min].18
75..............................  23[deg]41[min].69   162[deg]30[min].18
76..............................  23[deg]44[min].72   162[deg]25[min].79
77..............................  23[deg]47[min].36   162[deg]21[min].11
78..............................  23[deg]49[min].55   162[deg]16[min].16
79..............................  23[deg]51[min].24   162[deg]10[min].99
80..............................  23[deg]52[min].44   162[deg]05[min].63
81..............................  23[deg]53[min].14   162[deg]00[min].25
82..............................  23[deg]53[min].36   161[deg]54[min].75
83..............................  23[deg]53[min].09   161[deg]49[min].28
84..............................  23[deg]52[min].82   161[deg]47[min].09
85..............................  23[deg]52[min].39   161[deg]44[min].67
------------------------------------------------------------------------


[73 FR 73599, Dec. 3, 2008]



Sec. Appendix D to Part 404--Boundary Coordinates for Papahanaumokuakea 
              Marine National Monument Ship Reporting Area

                  Appendix D--Geographical Coordinates

                           Ship Reporting Area

               Papahanaumokuakea Marine National Monument

    Reference chart: United States 540, 2008 edition; 19016, 2008 
edition; 19019, 2008 edition; 19022, 2008 edition.
    These charts are based on World Geodetic System 1984 Datum (WGS-84) 
and astronomic datum.

                        Table D-1--Outer Boundary
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  29[deg]25[min].47   178[deg]16[min].97
2...............................  28[deg]43[min].73   175[deg]13[min].84
3...............................  27[deg]00[min].77   173[deg]25[min].78
4...............................  26[deg]44[min].91   171[deg]28[min].07
5...............................  26[deg]24[min].23   170[deg]20[min].59
6...............................  25[deg]56[min].43   167[deg]32[min].10
7...............................  24[deg]50[min].20   165[deg]58[min].69
8...............................  24[deg]05[min].52   161[deg]56[min].86
9...............................  24[deg]05[min].29   161[deg]56[min].62
10..............................  24[deg]04[min].37   161[deg]51[min].53
11..............................  24[deg]03[min].44   161[deg]46[min].45
12..............................  24[deg]02[min].41   161[deg]41[min].39
13..............................  24[deg]01[min].31   161[deg]36[min].35
14..............................  23[deg]59[min].68   161[deg]31[min].55
15..............................  23[deg]57[min].85   161[deg]26[min].85
16..............................  23[deg]55[min].54   161[deg]22[min].31
17..............................  23[deg]52[min].96   161[deg]17[min].92
18..............................  23[deg]50[min].12   161[deg]13[min].72
19..............................  23[deg]46[min].94   161[deg]10[min].08
20..............................  23[deg]43[min].49   161[deg]06[min].47
21..............................  23[deg]39[min].71   161[deg]03[min].09
22..............................  23[deg]35[min].72   161[deg]00[min].14
23..............................  23[deg]31[min].59   160[deg]57[min].46
24..............................  23[deg]27[min].32   160[deg]55[min].23
25..............................  23[deg]22[min].74   160[deg]53[min].71
26..............................  23[deg]18[min].29   160[deg]52[min].17
27..............................  23[deg]13[min].57   160[deg]51[min].04
28..............................  23[deg]08[min].68   160[deg]50[min].46
29..............................  23[deg]03[min].70   160[deg]50[min].17
30..............................  22[deg]58[min].67   160[deg]50[min].35
31..............................  22[deg]53[min].84   160[deg]51[min].04
32..............................  22[deg]49[min].11   160[deg]52[min].20
33..............................  22[deg]44[min].46   160[deg]53[min].56
34..............................  22[deg]40[min].03   160[deg]55[min].52
35..............................  22[deg]35[min].73   160[deg]57[min].68
36..............................  22[deg]31[min].54   161[deg]00[min].25
37..............................  22[deg]27[min].57   161[deg]03[min].23
38..............................  22[deg]23[min].76   161[deg]06[min].64
39..............................  22[deg]20[min].24   161[deg]10[min].23
40..............................  22[deg]17[min].02   161[deg]14[min].13
41..............................  22[deg]14[min].04   161[deg]18[min].34
42..............................  22[deg]11[min].35   161[deg]22[min].80
43..............................  22[deg]09[min].19   161[deg]27[min].45
44..............................  22[deg]07[min].29   161[deg]32[min].11
45..............................  22[deg]05[min].87   161[deg]36[min].94
46..............................  22[deg]04[min].62   161[deg]41[min].89
47..............................  22[deg]03[min].94   161[deg]47[min].09
48..............................  22[deg]03[min].41   161[deg]52[min].36
49..............................  22[deg]03[min].41   161[deg]57[min].51
50..............................  22[deg]03[min].82   162[deg]02[min].83
51..............................  22[deg]04[min].49   162[deg]08[min].04
52..............................  22[deg]05[min].43   162[deg]13[min].12
53..............................  22[deg]05[min].97   162[deg]16[min].41
54..............................  22[deg]06[min].29   162[deg]16[min].85
55..............................  22[deg]34[min].57   164[deg]47[min].27
56..............................  22[deg]47[min].60   166[deg]38[min].23
57..............................  24[deg]03[min].82   168[deg]27[min].91
58..............................  24[deg]25[min].76   170[deg]45[min].39
59..............................  24[deg]46[min].54   171[deg]53[min].03
60..............................  25[deg]07[min].60   174[deg]28[min].71
61..............................  27[deg]05[min].82   176[deg]35[min].51
62..............................  27[deg]27[min].32   178[deg]38[min].66
63..............................  27[deg]28[min].93   178[deg]43[min].56
64..............................  27[deg]30[min].64   178[deg]48[min].40
65..............................  27[deg]32[min].74   178[deg]52[min].96
66..............................  27[deg]35[min].06   178[deg]57[min].30
67..............................  27[deg]37[min].89   179[deg]01[min].49
68..............................  27[deg]40[min].90   179[deg]05[min].60
69..............................  27[deg]44[min].17   179[deg]09[min].41
70..............................  27[deg]47[min].74   179[deg]12[min].85
71..............................  27[deg]51[min].45   179[deg]16[min].00
72..............................  27[deg]55[min].32   179[deg]18[min].82
73..............................  27[deg]59[min].33   179[deg]21[min].13
74..............................  28[deg]03[min].49   179[deg]23[min].15
75..............................  28[deg]07[min].82   179[deg]24[min].76
76..............................  28[deg]12[min].31   179[deg]26[min].18
77..............................  28[deg]16[min].95   179[deg]27[min].05
78..............................  28[deg]21[min].61   179[deg]27[min].63
79..............................  28[deg]26[min].18   179[deg]27[min].77
80..............................  28[deg]30[min].87   179[deg]27[min].48
81..............................  28[deg]35[min].61   179[deg]26[min].95
82..............................  28[deg]40[min].09   179[deg]25[min].75
83..............................  28[deg]44[min].46   179[deg]24[min].31
84..............................  28[deg]48[min].70   179[deg]22[min].50
85..............................  28[deg]52[min].81   179[deg]20[min].43
86..............................  28[deg]56[min].71   179[deg]17[min].77
87..............................  29[deg]00[min].58   179[deg]14[min].92
88..............................  29[deg]04[min].18   179[deg]11[min].69

[[Page 1184]]

 
89..............................  29[deg]07[min].62   179[deg]08[min].20
90..............................  29[deg]10[min].86   179[deg]04[min].37
91..............................  29[deg]13[min].76   179[deg]00[min].21
92..............................  29[deg]16[min].24   178[deg]55[min].78
93..............................  29[deg]18[min].51   178[deg]51[min].26
94..............................  29[deg]20[min].45   178[deg]46[min].50
95..............................  29[deg]22[min].26   178[deg]41[min].67
96..............................  29[deg]23[min].52   178[deg]36[min].64
97..............................  29[deg]24[min].53   178[deg]31[min].54
98..............................  29[deg]25[min].16   178[deg]26[min].31
99..............................  29[deg]25[min].42   178[deg]20[min].92
100.............................  29[deg]25[min].29   178[deg]16[min].70
------------------------------------------------------------------------


Table D-2--Inner Boundary Around Kure Atoll, Midway Atoll, and Pearl and
                              Hermes Atoll
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
 1..............................  27[deg]14[min].76   176[deg]29[min].87
2...............................  27[deg]24[min].95   177[deg]33[min].31
3...............................  27[deg]35[min].87   178[deg]29[min].90
4...............................  27[deg]36[min].64   178[deg]33[min].93
5...............................  27[deg]37[min].53   178[deg]37[min].32
6...............................  27[deg]38[min].60   178[deg]40[min].65
7...............................  27[deg]39[min].85   178[deg]43[min].90
8...............................  27[deg]41[min].28   178[deg]47[min].05
9...............................  27[deg]42[min].89   178[deg]50[min].10
10..............................  27[deg]44[min].66   178[deg]53[min].03
11..............................  27[deg]46[min].59   178[deg]55[min].83
12..............................  27[deg]48[min].67   178[deg]58[min].49
13..............................  27[deg]50[min].89   179[deg]01[min].00
14..............................  27[deg]53[min].22   179[deg]03[min].39
15..............................  27[deg]55[min].69   179[deg]05[min].61
16..............................  27[deg]58[min].29   179[deg]07[min].61
17..............................  28[deg]01[min].01   179[deg]09[min].47
18..............................  28[deg]03[min].81   179[deg]11[min].10
19..............................  28[deg]06[min].71   179[deg]12[min].53
20..............................  28[deg]09[min].67   179[deg]13[min].75
21..............................  28[deg]12[min].70   179[deg]14[min].75
22..............................  28[deg]15[min].78   179[deg]15[min].54
23..............................  28[deg]18[min].91   179[deg]16[min].11
24..............................  28[deg]22[min].04   179[deg]16[min].45
25..............................  28[deg]24[min].72   179[deg]16[min].56
26..............................  28[deg]25[min].20   179[deg]16[min].57
27..............................  28[deg]25[min].81   179[deg]16[min].56
28..............................  28[deg]28[min].35   179[deg]16[min].44
29..............................  28[deg]31[min].49   179[deg]16[min].10
30..............................  28[deg]34[min].61   179[deg]15[min].54
31..............................  28[deg]37[min].69   179[deg]14[min].75
32..............................  28[deg]40[min].71   179[deg]13[min].74
33..............................  28[deg]43[min].68   179[deg]12[min].54
34..............................  28[deg]46[min].58   179[deg]11[min].13
35..............................  28[deg]49[min].39   179[deg]09[min].52
36..............................  28[deg]52[min].11   179[deg]07[min].70
37..............................  28[deg]54[min].72   179[deg]05[min].70
38..............................  28[deg]57[min].21   179[deg]03[min].51
39..............................  28[deg]59[min].58   179[deg]01[min].15
40..............................  29[deg]01[min].81   178[deg]58[min].62
41..............................  29[deg]03[min].90   178[deg]55[min].93
42..............................  29[deg]05[min].83   178[deg]53[min].10
43..............................  29[deg]07[min].60   178[deg]50[min].13
44..............................  29[deg]09[min].21   178[deg]47[min].04
45..............................  29[deg]10[min].64   178[deg]43[min].84
46..............................  29[deg]11[min].89   178[deg]40[min].54
47..............................  29[deg]12[min].95   178[deg]37[min].16
48..............................  29[deg]13[min].82   178[deg]33[min].71
49..............................  29[deg]14[min].50   178[deg]30[min].21
50..............................  29[deg]14[min].99   178[deg]26[min].66
51..............................  29[deg]15[min].28   178[deg]23[min].08
52..............................  29[deg]15[min].36   178[deg]19[min].49
53..............................  29[deg]15[min].25   178[deg]15[min].90
54..............................  29[deg]14[min].94   178[deg]12[min].32
55..............................  29[deg]14[min].43   178[deg]08[min].78
56..............................  29[deg]03[min].47   177[deg]12[min].07
57..............................  29[deg]02[min].55   177[deg]07[min].29
58..............................  28[deg]38[min].96   175[deg]35[min].47
59..............................  28[deg]38[min].67   175[deg]34[min].35
60..............................  28[deg]34[min].91   175[deg]19[min].74
61..............................  28[deg]26[min].24   175[deg]10[min].65
62..............................  28[deg]24[min].61   175[deg]08[min].95
63..............................  28[deg]24[min].53   175[deg]09[min].04
64..............................  28[deg]20[min].09   175[deg]04[min].91
65..............................  28[deg]16[min].05   175[deg]01[min].92
66..............................  28[deg]11[min].78   174[deg]59[min].33
67..............................  28[deg]07[min].29   174[deg]57[min].23
68..............................  28[deg]02[min].63   174[deg]55[min].68
69..............................  27[deg]57[min].84   174[deg]54[min].62
70..............................  27[deg]53[min].01   174[deg]54[min].05
71..............................  27[deg]48[min].12   174[deg]54[min].05
72..............................  27[deg]43[min].28   174[deg]54[min].62
73..............................  27[deg]38[min].48   174[deg]55[min].71
74..............................  27[deg]33[min].81   174[deg]57[min].32
75..............................  27[deg]29[min].30   174[deg]59[min].43
76..............................  27[deg]25[min].00   175[deg]02[min].03
77..............................  27[deg]20[min].93   175[deg]05[min].07
78..............................  27[deg]17[min].18   175[deg]08[min].59
79..............................  27[deg]13[min].73   175[deg]12[min].47
80..............................  27[deg]10[min].59   175[deg]16[min].67
81..............................  27[deg]07[min].88   175[deg]21[min].25
82..............................  27[deg]05[min].57   175[deg]26[min].09
83..............................  27[deg]03[min].66   175[deg]31[min].15
84..............................  27[deg]02[min].22   175[deg]36[min].40
85..............................  27[deg]01[min].29   175[deg]41[min].78
86..............................  27[deg]00[min].73   175[deg]47[min].22
87..............................  27[deg]00[min].68   175[deg]52[min].74
88..............................  27[deg]01[min].09   175[deg]58[min].16
89..............................  27[deg]01[min].99   176[deg]03[min].53
90..............................  27[deg]03[min].34   176[deg]08[min].81
91..............................  27[deg]05[min].12   176[deg]13[min].91
92..............................  27[deg]07[min].37   176[deg]18[min].79
93..............................  27[deg]09[min].98   176[deg]23[min].40
94..............................  27[deg]13[min].02   176[deg]27[min].74
95..............................  27[deg]13[min].77   176[deg]28[min].70
------------------------------------------------------------------------


 Table D-3--Inner Boundary Around Lisianski Island, Laysan Island, Maro
                          Reef, and Raita Bank
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  26[deg]50[min].89   173[deg]30[min].79
2...............................  26[deg]36[min].00   171[deg]37[min].70
3...............................  26[deg]35[min].49   171[deg]33[min].84
4...............................  26[deg]35[min].10   171[deg]30[min].84
5...............................  26[deg]34[min].07   171[deg]27[min].50
6...............................  26[deg]33[min].35   171[deg]25[min].16
7...............................  26[deg]14[min].26   170[deg]23[min].04
8...............................  26[deg]08[min].69   169[deg]48[min].96
9...............................  26[deg]08[min].36   169[deg]49[min].03
10..............................  26[deg]07[min].62   169[deg]45[min].83
11..............................  26[deg]06[min].03   169[deg]40[min].57
12..............................  26[deg]03[min].97   169[deg]35[min].64
13..............................  26[deg]01[min].51   169[deg]30[min].91
14..............................  25[deg]58[min].65   169[deg]26[min].45
15..............................  25[deg]55[min].32   169[deg]22[min].34
16..............................  25[deg]51[min].67   169[deg]18[min].60
17..............................  25[deg]47[min].78   169[deg]15[min].19
18..............................  25[deg]43[min].54   169[deg]12[min].34

[[Page 1185]]

 
19..............................  25[deg]39[min].05   169[deg]09[min].93
20..............................  25[deg]34[min].37   169[deg]08[min].08
21..............................  25[deg]29[min].54   169[deg]06[min].76
22..............................  25[deg]24[min].61   169[deg]05[min].93
23..............................  25[deg]19[min].63   169[deg]05[min].64
24..............................  25[deg]14[min].65   169[deg]05[min].93
25..............................  25[deg]09[min].69   169[deg]06[min].66
26..............................  25[deg]04[min].85   169[deg]08[min].02
27..............................  25[deg]00[min].17   169[deg]09[min].96
28..............................  24[deg]55[min].66   169[deg]12[min].35
29..............................  24[deg]51[min].35   169[deg]15[min].14
30..............................  24[deg]47[min].37   169[deg]18[min].48
31..............................  24[deg]43[min].69   169[deg]22[min].22
32..............................  24[deg]40[min].34   169[deg]26[min].31
33..............................  24[deg]37[min].42   169[deg]30[min].78
34..............................  24[deg]35[min].00   169[deg]35[min].64
35..............................  24[deg]33[min].02   169[deg]40[min].66
36..............................  24[deg]31[min].34   169[deg]45[min].88
37..............................  24[deg]30[min].31   169[deg]51[min].08
38..............................  24[deg]29[min].68   169[deg]56[min].53
39..............................  24[deg]29[min].56   170[deg]01[min].81
40..............................  24[deg]29[min].61   170[deg]04[min].57
41..............................  24[deg]35[min].77   170[deg]44[min].39
42..............................  24[deg]36[min].29   170[deg]47[min].58
43..............................  24[deg]37[min].18   170[deg]50[min].37
44..............................  24[deg]37[min].76   170[deg]52[min].17
45..............................  24[deg]56[min].23   171[deg]50[min].19
46..............................  25[deg]16[min].61   174[deg]24[min].84
47..............................  25[deg]29[min].56   174[deg]38[min].45
48..............................  25[deg]33[min].28   174[deg]42[min].03
49..............................  25[deg]37[min].33   174[deg]45[min].20
50..............................  25[deg]41[min].68   174[deg]47[min].84
51..............................  25[deg]46[min].23   174[deg]50[min].05
52..............................  25[deg]50[min].93   174[deg]51[min].77
53..............................  25[deg]55[min].80   174[deg]52[min].91
54..............................  26[deg]00[min].71   174[deg]53[min].47
55..............................  26[deg]05[min].67   174[deg]53[min].61
56..............................  26[deg]10[min].59   174[deg]53[min].07
57..............................  26[deg]15[min].46   174[deg]52[min].08
58..............................  26[deg]20[min].20   174[deg]50[min].57
59..............................  26[deg]24[min].75   174[deg]48[min].44
60..............................  26[deg]29[min].15   174[deg]45[min].94
61..............................  26[deg]33[min].26   174[deg]42[min].96
62..............................  26[deg]37[min].11   174[deg]39[min].49
63..............................  26[deg]40[min].60   174[deg]35[min].63
64..............................  26[deg]43[min].75   174[deg]31[min].43
65..............................  26[deg]46[min].49   174[deg]26[min].87
66..............................  26[deg]48[min].90   174[deg]22[min].09
67..............................  26[deg]50[min].79   174[deg]17[min].03
68..............................  26[deg]52[min].20   174[deg]11[min].79
69..............................  26[deg]53[min].21   174[deg]06[min].43
70..............................  26[deg]53[min].74   174[deg]00[min].98
71..............................  26[deg]53[min].74   173[deg]55[min].48
72..............................  26[deg]53[min].29   173[deg]50[min].02
73..............................  26[deg]52[min].56   173[deg]44[min].58
74..............................  26[deg]51[min].85   173[deg]39[min].14
75..............................  26[deg]51[min].13   173[deg]33[min].69
76..............................  26[deg]50[min].75   173[deg]30[min].87
------------------------------------------------------------------------


   Table D-4--Inner Boundary Around Gardner Pinnacles, French Frigate
                        Shoals, and Necker Island
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  25[deg]49[min].64   167[deg]52[min].66
2...............................  25[deg]49[min].70   167[deg]52[min].65
3...............................  25[deg]48[min].99   167[deg]48[min].35
4...............................  25[deg]47[min].09   167[deg]36[min].72
5...............................  25[deg]39[min].84   167[deg]26[min].48
6...............................  25[deg]35[min].10   167[deg]19[min].79
7...............................  25[deg]10[min].43   166[deg]45[min].00
8...............................  24[deg]40[min].91   166[deg]03[min].36
9...............................  24[deg]35[min].64   165[deg]34[min].99
10..............................  24[deg]23[min].78   164[deg]31[min].12
11..............................  24[deg]23[min].59   164[deg]31[min].14
12..............................  24[deg]23[min].31   164[deg]29[min].74
13..............................  24[deg]21[min].85   164[deg]24[min].52
14..............................  24[deg]20[min].10   164[deg]19[min].39
15..............................  24[deg]17[min].75   164[deg]14[min].56
16..............................  24[deg]14[min].99   164[deg]09[min].97
17..............................  24[deg]11[min].86   164[deg]05[min].69
18..............................  24[deg]08[min].30   164[deg]01[min].80
19..............................  24[deg]04[min].48   163[deg]58[min].23
20..............................  24[deg]00[min].27   163[deg]55[min].22
21..............................  23[deg]55[min].85   163[deg]52[min].59
22..............................  23[deg]51[min].17   163[deg]50[min].56
23..............................  23[deg]46[min].33   163[deg]48[min].98
24..............................  23[deg]41[min].37   163[deg]47[min].99
25..............................  23[deg]36[min].34   163[deg]47[min].56
26..............................  23[deg]31[min].27   163[deg]47[min].60
27..............................  23[deg]26[min].27   163[deg]48[min].28
28..............................  23[deg]21[min].34   163[deg]49[min].50
29..............................  23[deg]16[min].53   163[deg]51[min].14
30..............................  23[deg]11[min].96   163[deg]53[min].47
31..............................  23[deg]07[min].54   163[deg]56[min].15
32..............................  23[deg]03[min].46   163[deg]59[min].38
33..............................  22[deg]59[min].65   164[deg]03[min].01
34..............................  22[deg]56[min].27   164[deg]07[min].10
35..............................  22[deg]53[min].22   164[deg]11[min].49
36..............................  22[deg]50[min].60   164[deg]16[min].18
37..............................  22[deg]48[min].48   164[deg]21[min].16
38..............................  22[deg]46[min].73   164[deg]26[min].28
39..............................  22[deg]45[min].49   164[deg]31[min].60
40..............................  22[deg]44[min].83   164[deg]37[min].03
41..............................  22[deg]44[min].65   164[deg]42[min].51
42..............................  22[deg]44[min].92   164[deg]47[min].99
43..............................  22[deg]45[min].11   164[deg]49[min].52
44..............................  22[deg]45[min].39   164[deg]51[min].48
45..............................  22[deg]45[min].17   164[deg]51[min].53
46..............................  22[deg]50[min].26   165[deg]34[min].99
47..............................  22[deg]55[min].50   166[deg]19[min].63
48..............................  22[deg]55[min].93   166[deg]23[min].32
49..............................  22[deg]57[min].41   166[deg]36[min].00
50..............................  23[deg]03[min].75   166[deg]45[min].00
51..............................  23[deg]05[min].48   166[deg]47[min].45
52..............................  24[deg]12[min].70   168[deg]22[min].86
53..............................  24[deg]12[min].88   168[deg]22[min].78
54..............................  24[deg]16[min].05   168[deg]27[min].28
55..............................  24[deg]19[min].15   168[deg]31[min].66
56..............................  24[deg]22[min].27   168[deg]35[min].95
57..............................  24[deg]25[min].71   168[deg]39[min].94
58..............................  24[deg]29[min].51   168[deg]43[min].55
59..............................  24[deg]33[min].67   168[deg]46[min].63
60..............................  24[deg]38[min].06   168[deg]49[min].29
61..............................  24[deg]42[min].68   168[deg]51[min].46
62..............................  24[deg]47[min].45   168[deg]53[min].12
63..............................  24[deg]52[min].34   168[deg]54[min].28
64..............................  24[deg]57[min].32   168[deg]54[min].82
65..............................  25[deg]02[min].32   168[deg]54[min].95
66..............................  25[deg]07[min].30   168[deg]54[min].43
67..............................  25[deg]12[min].19   168[deg]53[min].32
68..............................  25[deg]16[min].99   168[deg]51[min].76
69..............................  25[deg]21[min].57   168[deg]49[min].60
70..............................  25[deg]25[min].94   168[deg]46[min].93
71..............................  25[deg]30[min].09   168[deg]43[min].86
72..............................  25[deg]33[min].89   168[deg]40[min].42
73..............................  25[deg]37[min].37   168[deg]36[min].52

[[Page 1186]]

 
74..............................  25[deg]40[min].49   168[deg]32[min].24
75..............................  25[deg]43[min].24   168[deg]27[min].68
76..............................  25[deg]45[min].57   168[deg]22[min].82
77..............................  25[deg]47[min].43   168[deg]17[min].76
78..............................  25[deg]48[min].79   168[deg]12[min].47
79..............................  25[deg]49[min].72   168[deg]07[min].09
80..............................  25[deg]50[min].11   168[deg]01[min].62
81..............................  25[deg]50[min].18   168[deg]00[min].09
------------------------------------------------------------------------


              Table D-5--Inner Boundary Around Nihoa Island
------------------------------------------------------------------------
              Point                  Latitude (N)        Longitude (W)
------------------------------------------------------------------------
1...............................  23[deg]52[min].82   161[deg]44[min].54
2...............................  23[deg]52[min].10   161[deg]41[min].20
3...............................  23[deg]51[min].18   161[deg]37[min].92
4...............................  23[deg]50[min].08   161[deg]34[min].71
5...............................  23[deg]48[min].79   161[deg]31[min].58
6...............................  23[deg]47[min].33   161[deg]28[min].55
7...............................  23[deg]45[min].69   161[deg]25[min].62
8...............................  23[deg]43[min].88   161[deg]22[min].81
9...............................  23[deg]41[min].92   161[deg]20[min].13
10..............................  23[deg]39[min].80   161[deg]17[min].60
11..............................  23[deg]37[min].54   161[deg]15[min].21
12..............................  23[deg]35[min].14   161[deg]12[min].99
13..............................  23[deg]32[min].62   161[deg]10[min].93
14..............................  23[deg]29[min].99   161[deg]09[min].05
15..............................  23[deg]27[min].25   161[deg]07[min].35
16..............................  23[deg]24[min].42   161[deg]05[min].85
17..............................  23[deg]21[min].51   161[deg]04[min].54
18..............................  23[deg]18[min].52   161[deg]03[min].43
19..............................  23[deg]15[min].48   161[deg]02[min].53
20..............................  23[deg]12[min].39   161[deg]01[min].84
21..............................  23[deg]09[min].27   161[deg]01[min].35
22..............................  23[deg]06[min].13   161[deg]01[min].09
23..............................  23[deg]02[min].97   161[deg]01[min].03
24..............................  22[deg]59[min].82   161[deg]01[min].19
25..............................  22[deg]56[min].69   161[deg]01[min].57
26..............................  22[deg]53[min].58   161[deg]02[min].15
27..............................  22[deg]50[min].51   161[deg]02[min].95
28..............................  22[deg]47[min].50   161[deg]03[min].95
29..............................  22[deg]44[min].55   161[deg]05[min].15
30..............................  22[deg]41[min].67   161[deg]06[min].54
31..............................  22[deg]38[min].88   161[deg]08[min].13
32..............................  22[deg]36[min].19   161[deg]09[min].90
33..............................  22[deg]33[min].61   161[deg]11[min].85
34..............................  22[deg]31[min].14   161[deg]13[min].97
35..............................  22[deg]28[min].81   161[deg]16[min].25
36..............................  22[deg]26[min].61   161[deg]18[min].69
37..............................  22[deg]24[min].56   161[deg]21[min].26
38..............................  22[deg]22[min].66   161[deg]23[min].97
39..............................  22[deg]20[min].92   161[deg]26[min].80
40..............................  22[deg]19[min].35   161[deg]29[min].74
41..............................  22[deg]17[min].95   161[deg]32[min].78
42..............................  22[deg]16[min].73   161[deg]35[min].90
43..............................  22[deg]15[min].70   161[deg]39[min].10
44..............................  22[deg]14[min].85   161[deg]42[min].37
45..............................  22[deg]14[min].20   161[deg]45[min].68
46..............................  22[deg]13[min].73   161[deg]49[min].03
47..............................  22[deg]13[min].47   161[deg]52[min].41
48..............................  22[deg]13[min].40   161[deg]55[min].80
49..............................  22[deg]13[min].53   161[deg]59[min].18
50..............................  22[deg]13[min].85   162[deg]02[min].55
51..............................  22[deg]14[min].31   162[deg]05[min].45
52..............................  22[deg]14[min].37   162[deg]05[min].89
53..............................  22[deg]14[min].59   162[deg]06[min].88
54..............................  22[deg]15[min].87   162[deg]12[min].18
55..............................  22[deg]17[min].70   162[deg]17[min].31
56..............................  22[deg]19[min].97   162[deg]22[min].20
57..............................  22[deg]22[min].73   162[deg]26[min].84
58..............................  22[deg]25[min].88   162[deg]31[min].15
59..............................  22[deg]29[min].41   162[deg]35[min].09
60..............................  22[deg]33[min].28   162[deg]38[min].61
61..............................  22[deg]37[min].47   162[deg]41[min].72
62..............................  22[deg]41[min].93   162[deg]44[min].34
63..............................  22[deg]46[min].63   162[deg]46[min].47
64..............................  22[deg]51[min].48   162[deg]48[min].05
65..............................  22[deg]56[min].46   162[deg]49[min].09
66..............................  23[deg]01[min].50   162[deg]49[min].58
67..............................  23[deg]06[min].58   162[deg]49[min].49
68..............................  23[deg]11[min].61   162[deg]48[min].89
69..............................  23[deg]16[min].57   162[deg]47[min].70
70..............................  23[deg]21[min].36   162[deg]45[min].98
71..............................  23[deg]26[min].02   162[deg]43[min].75
72..............................  23[deg]30[min].40   162[deg]41[min].01
73..............................  23[deg]34[min].51   162[deg]37[min].83
74..............................  23[deg]38[min].26   162[deg]34[min].18
75..............................  23[deg]41[min].69   162[deg]30[min].18
76..............................  23[deg]44[min].72   162[deg]25[min].79
77..............................  23[deg]47[min].36   162[deg]21[min].11
78..............................  23[deg]49[min].55   162[deg]16[min].16
79..............................  23[deg]51[min].24   162[deg]10[min].99
80..............................  23[deg]52[min].44   162[deg]05[min].63
81..............................  23[deg]53[min].14   162[deg]00[min].25
82..............................  23[deg]53[min].36   161[deg]54[min].75
83..............................  23[deg]53[min].09   161[deg]49[min].28
84..............................  23[deg]52[min].82   161[deg]47[min].09
85..............................  23[deg]52[min].39   161[deg]44[min].67
------------------------------------------------------------------------


[73 FR 73601, Dec. 3, 2008]



 Sec. Appendix E to Part 404--Content and Syntax for Papahanaumokuakea 
                          Ship Reporting System

    Immediately upon crossing the reporting area boundary, notification 
should be sent as a direct e-mail to [email protected] in the 
prescribed format and data syntax shown. Use of batch message routing 
services which may delay receipt of a report should not be used. Failure 
to follow the exact format (e.g., extra information, extraneous 
characters, or double spacing) may cause the automated computer system 
to reject your report. Note: Report transmission costs via INMARSAT-C 
will be assumed by NOAA.

                      E.1 Entry Notification Format

    Immediately upon entering the Reporting Area, vessels required to 
participate must provide the following information.

[[Page 1187]]



         Table E.1--Information required for entry notification
------------------------------------------------------------------------
                    Function           Information       Example field
              --------------------      required              text
  Telegraphy                      --------------------------------------
                System identifier   CORAL SHIPREP //    CORAL SHIPREP //
------------------------------------------------------------------------
A............  Ship..............  Vessel name/call    A/OCEAN VOYAGER/
                                    sign/flag/IMO       C5FU8/BAHAMAS/
                                    number/Federal      IMO 9359165//
                                    documentation or
                                    State
                                    registration
                                    number if
                                    applicable //.
B............  Date, time (UTC),   A 6-digit group     B/271107Z DEC//
                and month of        giving day of
                entry.              month (first two
                                    digits), hours
                                    and minutes (last
                                    four digits) in
                                    coordinated
                                    universal time,
                                    suffixed by the
                                    letter Z
                                    (indicating time
                                    in UTC), and
                                    three letters
                                    indicating month /
                                    /.
C............  Position..........  A 4-digit group     C/2728N/17356W//
                                    giving latitude
                                    in degrees and
                                    minutes, suffixed
                                    with the letter N
                                    (indicating
                                    north), followed
                                    by a single /,
                                    and a five-digit
                                    group giving
                                    longitude in
                                    degrees and
                                    minutes, suffixed
                                    with the letter W
                                    (indicating west)
                                    // [Report in the
                                    World Geodetic
                                    System 1984 Datum
                                    (WGS-84)].
E............  True course.......  3-digit number      E/180//
                                    indicating true
                                    course //.
F............  Speed in knots and  3-digit group       F/20.5//
                tenths.             indicating knots
                                    decimal tenths //.
I............  Destination and     Name of port city/  I/SEATTLE/USA/
                estimated time of   country/estimated   311230Z DEC//
                arrival.            arrival date and
                                    time group
                                    expressed as in
                                    (B) //.
L............  Intended route      Route information   L/RL/215/20.5//
                through the         should be          -OR-
                reporting area.     reported as a      L/WP/2734N/17352W/
                                    direct rhumbline    20.5//
                                    (RL) course        L/WP/2641N/17413W/
                                    through the         20.5//
                                    reporting area     L/WP/2605N/17530W/
                                    and intended        20.5//
                                    speed (expressed
                                    as in E and F) or
                                    a series of
                                    waypoints (WP).
                                    Each waypoint
                                    entry should be
                                    reported as
                                    latitude and
                                    longitude,
                                    expressed as in
                                    (C), and intended
                                    speed between
                                    waypoints (as in
                                    F) // (Note: As
                                    many ``L'' lines
                                    as needed may be
                                    used to describe
                                    the vessel's
                                    intended route.).
O............  Vessel draft in     Maximum present     O/11.50//
                meters.             static draft
                                    reported in
                                    meters decimal
                                    centimeters //.
P............  Categories of       Classification      P/IMDG/
                Hazardous           Code (e.g. IMDG,    1.4G,2.1,2.2,2.3
                Cargoes*.           IBC, IGC, INF) /    ,3,4.1,6.1,8,9//
                                    and all
                                    corresponding
                                    Categories of
                                    Hazardous Cargoes
                                    (delimited by
                                    commas) // Note:
                                    If necessary, use
                                    a separate ``P''
                                    line for each
                                    type of
                                    Classification
                                    Code.
Q............  Defects or          Brief details of    Q/Include details
                deficiencies**.     defects, damage,    as required//
                                    deficiencies or
                                    limitations that
                                    restrict
                                    maneuverability
                                    or impair normal
                                    navigation // (If
                                    none, enter the
                                    number zero.).
R............  Pollution incident  Description of      R/0//
                or goods lost       pollution
                overboard**.        incident or goods
                                    lost overboard
                                    within the
                                    Monument, the
                                    Reporting Area,
                                    or the U.S.
                                    Exclusive
                                    Economic Zone//
                                    (If none, enter
                                    the number zero.).
T............  Contact             Name/address/and    T/JOHN DOE/
                information of      phone number of     GENERIC SHIPPING
                ship's agent or     ship's agent or     COMPANY INC,
                owner.              owner //.           6101 ACME ROAD,
                                                        ROOM 123, CITY,
                                                        STATE, COUNTRY
                                                        12345/123-123-
                                                        1234//
U............  Ship size (length   Length overall      U/294.14/54592/
                overall and gross   reported in         CONTAINER SHIP//
                tonnage) and type.  meters decimal
                                    centimeters/
                                    number of gross
                                    tons/type of ship
                                    (e.g. bulk
                                    carrier, chemical
                                    tanker, oil
                                    tanker, gas
                                    tanker,
                                    container,
                                    general cargo,
                                    fishing vessel,
                                    research,
                                    passenger, OBO,
                                    RORO) //.
W............  Persons...........  Total number of     W/15//
                                    persons on board /
                                    /.
------------------------------------------------------------------------
Table E.1 Notes
*Categories of hazardous cargoes means goods classified in the
  International Maritime Dangerous Goods (IMDG) Code; substances
  classified in chapter 17 of the International Code for the
  Construction and Equipment of Ships Carrying Dangerous Chemicals in
  Bulk (IBC Code) and chapter 19 of the International Code for the
  Construction and Equipment of Ships Carrying Liquefied Gases in Bulk
  (IGC Code); oils as defined in MARPOL Annex I; noxious liquid
  substances as defined in MARPOL Annex II; harmful substances as
  defined in MARPOL Annex III; and radioactive materials specified in
  the Code for the Safe Carriage of the Irradiated Nuclear Fuel,
  Plutonium and High-Level Radioactive Wastes in Flasks on Board Ships
  (INF Code).
**In accordance with the provisions of the MARPOL Convention, ships must
  report information relating to defects, damage, deficiencies or other
  limitations as well as, if necessary, information relating to
  pollution incidents or loss of cargo. Safety related reports must be
  provided to CORAL SHIPREP without delay should a ship suffer damage,
  failure or breakdown affecting the safety of the ship (Item Q), or if
  a ship makes a marked deviation from a route, course or speed
  previously advised (Item L). Pollution or cargo lost overboard must be
  reported without delay (Item R).


[[Page 1188]]

                 E.2 Prior Notification of Entry Format

    Vessels of the United States less than 300 gross tonnage that are 
not equipped with onboard e-mail capability must provide the following 
notification of entry at least 72 hrs, but no longer than 1 month, prior 
to entry date, utilizing the data syntax described above. Notification 
may be made via the following communication methods, listed in order of 
preference: E-mail [[email protected]]; fax [1-808-397-2662]; 
telephone [1-866-478-NWHI (6944), 1-808-395-NWHI (6944)].

         Table E.2--Information Required for Prior Notification
------------------------------------------------------------------------
 
------------------------------------------------------------------------
System identifier.........................  PRIOR NOTICE //.
Items.....................................  A, B, C (as applicable), I,
                                             L, O, P (as applicable), Q,
                                             T, U, W.
------------------------------------------------------------------------


                      E.3 Exit Notification Format

    Immediately upon leaving the Reporting Area, vessels required to 
participate must provide the following information. Vessels of the 
United States less than 300 gross tonnage that are not equipped with 
onboard e-mail capability must provide the following Exit Notification 
information within 12 hrs of leaving the Reporting Area. Notification 
may be made via the following communication methods, listed in order of 
preference: E-mail [[email protected]]; fax [1-808-397-2662]; 
telephone [1-866-478-NWHI (6944), 1-808-395-NWHI (6944)].

          Table E.3--Information Required for Exit Notification
------------------------------------------------------------------------
                      Function         Information       Example field
                -------------------      required             text
   Telegraphy                      -------------------------------------
                 System identifier   CORAL SHIPREP //   CORAL SHIPREP//
------------------------------------------------------------------------
A..............  Ship.............  Vessel name /      A/OCEAN VOYAGER/
                                     call sign / flag   C5FU8/BAHAMAS/
                                     / IMO number /     IMO9359165//
                                     Federal
                                     documentation or
                                     State
                                     registration
                                     number if
                                     applicable //.
B..............  Date, time (UTC),  A 6-digit group    B/271657Z DEC//
                  and month of       giving day of
                  exit.              month (first two
                                     digits), hours
                                     and minutes
                                     (last four
                                     digits),
                                     suffixed by the
                                     letter Z
                                     indicating time
                                     in UTC, and
                                     three letters
                                     indicating month/
                                     /.
C..............  Position.........  A 4-digit group    C/2605N/17530W//
                                     giving latitude
                                     in degrees and
                                     minutes,
                                     suffixed with
                                     the letter N
                                     (indicating
                                     north), followed
                                     by a single //,
                                     and a five digit
                                     group giving
                                     longitude in
                                     degrees and
                                     minutes,
                                     suffixed with
                                     the letter W
                                     (indicating
                                     west) // [Report
                                     in the World
                                     Geodetic System
                                     1984 Datum (WGS-
                                     84)].
R..............  Pollution          Description of     R/0//
                  incident or        pollution
                  goods lost         incident or
                  overboard.         goods lost
                                     overboard within
                                     the Monument,
                                     the Reporting
                                     Area, or the
                                     U.S. Exclusive
                                     Economic Zone //
                                     (If none, enter
                                     the number zero).
------------------------------------------------------------------------

                        E.4 Example Entry Report

CORAL SHIPREP//
A/SEA ROVER/WFSU/USA/IMO 8674208/DOC 602011//
B/010915Z JUN//
C/2636N/17600W//
E/050//
F/20.0//
I/LOS ANGELES/USA/081215Z JUN//
L/RL/050/20.0//
O/10.90//
P/IMDG/3,4.1,6.1,8,9//
Q/0//
R/0//
T/JOHN DOE/CONTAINER SHIPPERS INC, 500 PORT ROAD, ROOM 123, LOS ANGELES, 
CA, USA 90050/213-123-1234//
U/199.90/27227/CONTAINER SHIP//
W/15//

                         E.5 Example Exit Report

CORAL SHIPREP//
A/SEA ROVER/WFSU/USA/IMO 8674208/DOC 602011//
B/011515Z JUN//
C/2747N/17416W//
R/0//

[73 FR 73603, Dec. 3, 2008]

[[Page 1189]]



PART 424_LISTING ENDANGERED AND THREATENED SPECIES AND DESIGNATING 
CRITICAL HABITAT--Table of Contents



                      Subpart A_General Provisions

Sec.
424.01 Scope and purpose.
424.02 Definitions.

                     Subpart B_Revision of the Lists

424.10 General.
424.11 Factors for listing, delisting, or reclassifying species.
424.12 Criteria for designating critical habitat.
424.13 Sources of information and relevant data.
424.14 Petitions.
424.15 Notices of review.
424.16 Proposed rules.
424.17 Time limits and required actions.
424.18 Final rules--general.
424.19 Final rules--impact analysis of critical habitat.
424.20 Emergency rules.
424.21 Periodic review.

    Authority: Pub. L. 93-205, 87 Stat. 884; Pub. L. 95-632, 92 Stat. 
3751; Pub. L. 96-159, 93 Stat. 1225; Pub. L. 97-304, 96 Stat. 1411 (16 
U.S.C. 1531 et seq.).

    Source: 49 FR 38908, Oct. 1, 1984, unless otherwise noted.



                      Subpart A_General Provisions



Sec. 424.01  Scope and purpose.

    (a) Part 424 provides rules for revising the Lists of Endangered and 
Threatened Wildlife and Plants and, where appropriate, designating or 
revising their critical habitats. Criteria are provided for determining 
species to be endangered or threatened and for designating critical 
habitats. Procedures for receiving and considering petitions to revise 
the lists and for conducting periodic reviews of listed species also are 
established.
    (b) The purpose of these rules is to interpret and implement those 
portions of the Endangered Species Act of 1973, as amended (16 U.S.C. 
1531 et seq.), that pertain to the listing of species and the 
determination of critical habitats.



Sec. 424.02  Definitions.

    (a) The definitions of terms in 50 CFR 402.02 shall apply to this 
part 424, except as otherwise stated.
    (b) Candidate means any species being considered by the Secretary 
for listing as an endangered or a threatened species, but not yet the 
subject of a proposed rule.
    (c) Conservation, conserve, and conserving mean to use and the use 
of all methods and procedures that are necessary to bring any endangered 
or threatened species to the point at which the measures provided 
pursuant to the Act are no longer necessary. Such methods and procedures 
include, but are not limited to, all activities associated with 
scientific resources management such as research, census, law 
enforcement, habitat acquisition and maintenance, propagation, live 
trapping, and transplantation, and, in the extraordinary case where 
population pressures within a given ecosystem cannot be otherwise 
relieved, may include regulated taking.
    (d) Critical habitat means (1) the specific areas within the 
geographical area currently occupied by a species, at the time it is 
listed in accordance with the Act, on which are found those physical or 
biological features (i) essential to the conservation of the species and 
(ii) that may require special management considerations or protection, 
and (2) specific areas outside the geographical area occupied by a 
species at the time it is listed upon a determination by the Secretary 
that such areas are essential for the conservation of the species.
    (e) Endangered species means a species that is in danger of 
extinction throughout all or a significant portion of its range.
    (f) List or lists means the Lists of Endangered and Threatened 
Wildlife and Plants found at 50 CFR 17.11(h) or 17.12(h).
    (g) Plant means any member of the plant kingdom, including, without 
limitation, seeds, roots, and other parts thereof.
    (h) Public hearing means an informal hearing to provide the public 
with the opportunity to give comments and to permit an exchange of 
information and opinion on a proposed rule.
    (i) Secretary means the Secretary of the Interior or the Secretary 
of Commerce, as appropriate, or their authorized representatives.

[[Page 1190]]

    (j) Special management considerations or protection means any 
methods or procedures useful in protecting physical and biological 
features of the environment for the conservation of listed species.
    (k) Species includes any species or subspecies of fish, wildlife, or 
plant, and any distinct population segment of any vertebrate species 
that interbreeds when mature. Excluded is any species of the Class 
Insecta determined by the Secretary to constitute a pest whose 
protection under the provisions of the Act would present an overwhelming 
and overriding risk to man.
    (l) State agency means any State agency, department, board, 
commission, or other governmental entity that is responsible for the 
management and conservation of fish, plant, or wildlife resources within 
a State.
    (m) Threatened species means any species that is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range.
    (n) Wildlife or fish and wildlife means any member of the animal 
kingdom, including without limitation, any vertebrate, mollusk, 
crustacean, arthropod, or other invertebrate, and includes any part, 
product, egg, or offspring thereof, or the dead body or parts thereof.



                     Subpart B_Revision of the Lists



Sec. 424.10  General.

    The Secretary may add a species to the lists or designate critical 
habitat, delete a species or critical habitat, change the listed status 
of a species, revise the boundary of an area designated as critical 
habitat, or adopt or modify special rules (see 50 CFR 17.40-17.48 and 
parts 222 and 227) applied to a threatened species only in accordance 
with the procedures of this part.



Sec. 424.11  Factors for listing, delisting, or reclassifying species.

    (a) Any species or taxonomic group of species (e.g., genus, 
subgenus) as defined in Sec. 424.02(k) is eligible for listing under 
the Act. A taxon of higher rank than species may be listed only if all 
included species are individually found to be endangered or threatened. 
In determining whether a particular taxon or population is a species for 
the purposes of the Act, the Secretary shall rely on standard taxonomic 
distinctions and the biological expertise of the Department and the 
scientific community concerning the relevant taxonomic group.
    (b) The Secretary shall make any determination required by 
paragraphs (c) and (d) of this section solely on the basis of the best 
available scientific and commercial information regarding a species' 
status, without reference to possible economic or other impacts of such 
determination.
    (c) A species shall be listed or reclassified if the Secretary 
determines, on the basis of the best scientific and commercial data 
available after conducting a review of the species' status, that the 
species is endangered or threatened because of any one or a combination 
of the following factors:
    (1) The present or threatened destruction, modification, or 
curtailment of its habitat or range;
    (2) Over utilization for commercial, recreational, scientific, or 
educational purposes;
    (3) Disease or predation;
    (4) The inadequacy of existing regulatory mechanisms; or
    (5) Other natural or manmade factors affecting its continued 
existence.
    (d) The factors considered in delisting a species are those in 
paragraph (c) of this section as they relate to the definitions of 
endangered or threatened species. Such removal must be supported by the 
best scientific and commercial data available to the Secretary after 
conducting a review of the status of the species. A species may be 
delisted only if such data substantiate that it is neither endangered 
nor threatened for one or more of the following reasons:
    (1) Extinction. Unless all individuals of the listed species had 
been previously identified and located, and were later found to be 
extirpated from their previous range, a sufficient period of time must 
be allowed before delisting to indicate clearly that the species is 
extinct.
    (2) Recovery. The principal goal of the U.S. Fish and Wildlife 
Service and the National Marine Fisheries Service is to

[[Page 1191]]

return listed species to a point at which protection under the Act is no 
longer required. A species may be delisted on the basis of recovery only 
if the best scientific and commercial data available indicate that it is 
no longer endangered or threatened.
    (3) Original data for classification in error. Subsequent 
investigations may show that the best scientific or commercial data 
available when the species was listed, or the interpretation of such 
data, were in error.
    (e) The fact that a species of fish, wildlife, or plant is protected 
by the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (see part 23 of this title 50) or a similar 
international agreement on such species, or has been identified as 
requiring protection from unrestricted commerce by any foreign nation, 
or to be in danger of extinction or likely to become so within the 
foreseeable future by any State agency or by any agency of a foreign 
nation that is responsible for the conservation of fish, wildlife, or 
plants, may constitute evidence that the species is endangered or 
threatened. The weight given such evidence will vary depending on the 
international agreement in question, the criteria pursuant to which the 
species is eligible for protection under such authorities, and the 
degree of protection afforded the species. The Secretary shall give 
consideration to any species protected under such an international 
agreement, or by any State or foreign nation, to determine whether the 
species is endangered or threatened.
    (f) The Secretary shall take into account, in making determinations 
under paragraph (c) or (d) of this section, those efforts, if any, being 
made by any State or foreign nation, or any political subdivision of a 
State or foreign nation, to protect such species, whether by predator 
control, protection of habitat and food supply, or other conservation 
practices, within any area under its jurisdiction, or on the high seas.



Sec. 424.12  Criteria for designating critical habitat.

    (a) Critical habitat shall be specified to the maximum extent 
prudent and determinable at the time a species is proposed for listing. 
If designation of critical habitat is not prudent or if critical habitat 
is not determinable, the reasons for not designating critical habitat 
will be stated in the publication of proposed and final rules listing a 
species. A final designation of critical habitat shall be made on the 
basis of the best scientific data available, after taking into 
consideration the probable economic and other impacts of making such a 
designation in accordance with Sec. 424.19.
    (1) A designation of critical habitat is not prudent when one or 
both of the following situations exist:
    (i) The species is threatened by taking or other human activity, and 
identification of critical habitat can be expected to increase the 
degree of such threat to the species, or
    (ii) Such designation of critical habitat would not be beneficial to 
the species.
    (2) Critical habitat is not determinable when one or both of the 
following situations exist:
    (i) Information sufficient to perform required analyses of the 
impacts of the designation is lacking, or
    (ii) The biological needs of the species are not sufficiently well 
known to permit identification of an area as critical habitat.
    (b) In determining what areas are critical habitat, the Secretary 
shall consider those physical and biological features that are essential 
to the conservation of a given species and that may require special 
management considerations or protection. Such requirements include, but 
are not limited to the following:
    (1) Space for individual and population growth, and for normal 
behavior;
    (2) Food, water, air, light, minerals, or other nutritional or 
physiological requirements;
    (3) Cover or shelter;
    (4) Sites for breeding, reproduction, rearing of offspring, 
germination, or seed dispersal; and generally;
    (5) Habitats that are protected from disturbance or are 
representative of the historic geographical and ecological distributions 
of a species.

When considering the designation of critical habitat, the Secretary 
shall

[[Page 1192]]

focus on the principal biological or physical constituent elements 
within the defined area that are essential to the conservation of the 
species. Known primary constituent elements shall be listed with the 
critical habitat description. Primary constituent elements may include, 
but are not limited to, the following: roost sites, nesting grounds, 
spawning sites, feeding sites, seasonal wetland or dryland, water 
quality or quantity, host species or plant pollinator, geological 
formation, vegetation type, tide, and specific soil types.
    (c) Each critical habitat will be defined by specific limits using 
reference points and lines as found on standard topographic maps of the 
area. Each area will be referenced to the State(s), county(ies), or 
other local governmental units within which all or part of the critical 
habitat is located. Unless otherwise indicated within the critical 
habitat descriptions, the names of the State(s) and county(ies) are 
provided for information only and do not constitute the boundaries of 
the area. Ephemeral reference points (e.g., trees, sand bars) shall not 
be used in defining critical habitat.
    (d) When several habitats, each satisfying the requirements for 
designation as critical habitat, are located in proximity to one 
another, an inclusive area may be designated as critical habitat.

    Example: Several dozen or more small ponds, lakes, and springs are 
found in a small local area. The entire area could be designated 
critical habitat if it were concluded that the upland areas were 
essential to the conservation of an aquatic species located in the ponds 
and lakes.

    (e) The Secretary shall designate as critical habitat areas outside 
the geographical area presently occupied by a species only when a 
designation limited to its present range would be inadequate to ensure 
the conservation of the species.
    (f) Critical habitat may be designated for those species listed as 
threatened or endangered but for which no critical habitat has been 
previously designated.
    (g) Existing critical habitat may be revised according to procedures 
in this section as new data become available to the Secretary.
    (h) Critical habitat shall not be designated within foreign 
countries or in other areas outside of United States jurisdiction.



Sec. 424.13  Sources of information and relevant data.

    When considering any revision of the lists, the Secretary shall 
consult as appropriate with affected States, interested persons and 
organizations, other affected Federal agencies, and, in cooperation with 
the Secretary of State, with the country or countries in which the 
species concerned are normally found or whose citizens harvest such 
species from the high seas. Data reviewed by the Secretary may include, 
but are not limited to scientific or commercial publications, 
administrative reports, maps or other graphic materials, information 
received from experts on the subject, and comments from interested 
parties.



Sec. 424.14  Petitions.

    (a) General. Any interested person may submit a written petition to 
the Secretary requesting that one of the actions described in Sec. 
424.10 be taken. Such a document must clearly identify itself as a 
petition and be dated. It must contain the name, signature, address, 
telephone number, if any, and the association, institution, or business 
affiliation, if any, of the petitioner. The Secretary shall acknowledge 
in writing receipt of such a petition within 30 days.
    (b) Petitions to list, delist, or reclassify species. (1) To the 
maximum extent practicable, within 90 days of receiving a petition to 
list, delist, or reclassify a species, the Secretary shall make a 
finding as to whether the petition presents substantial scientific or 
commercial information indicating that the petitioned action may be 
warranted. For the purposes of this section, ``substantial information'' 
is that amount of information that would lead a reasonable person to 
believe that the measure proposed in the petition may be warranted. The 
Secretary shall promptly publish such finding in the Federal Register 
and so notify the petitioner.

[[Page 1193]]

    (2) In making a finding under paragraph (b)(1) of this section, the 
Secretary shall consider whether such petition--
    (i) Clearly indicates the administrative measure recommended and 
gives the scientific and any common name of the species involved;
    (ii) Contains detailed narrative justification for the recommended 
measure, describing, based on available information, past and present 
numbers and distribution of the species involved and any threats faced 
by the species;
    (iii) Provides information regarding the status of the species over 
all or a significant portion of its range; and
    (iv) Is accompanied by appropriate supporting documentation in the 
form of bibliographic references, reprints of pertinent publications, 
copies of reports or letters from authorities, and maps.

The petitioner may provide information that describes any recommended 
critical habitat as to boundaries and physical features, and indicates 
any benefits and/or adverse effects on the species that would result 
from such designation. Such information, however, will not be a basis 
for the determination of the substantiality of a petition.
    (3) Upon making a positive finding under paragraph (b)(1) of this 
section, the Secretary shall commence a review of the status of the 
species concerned and shall make, within 12 months of receipt of such 
petition, one of the following findings:
    (i) The petitioned action is not warranted, in which case the 
Secretary shall promptly publish such finding in the Federal Register 
and so notify the petitioner.
    (ii) The petitioned action is warranted, in which case the Secretary 
shall promptly publish in the Federal Register a proposed regulation to 
implement the action pursuant to Sec. 424.16 of this part, or
    (iii) The petitioned action is warranted, but that--
    (A) The immediate proposal and timely promulgation of a regulation 
to implement the petitioned action is precluded because of other pending 
proposals to list, delist, or reclassify species, and
    (B) Expeditious progress is being made to list, delist, or 
reclassify qualified species,

in which case, such finding shall be promptly published in the Federal 
Register together with a description and evaluation of the reasons and 
data on which the finding is based.
    (4) If a finding is made under paragraph (b)(3)(iii) of this section 
with regard to any petition, the Secretary shall, within 12 months of 
such finding, again make one of the findings described in paragraph 
(b)(3) with regard to such petition, but no further finding of 
substantial information will be required.
    (c) Petitions to revise critical habitat. (1) To the maximum extent 
practicable, within 90 days of receiving a petition to revise a critical 
habitat designation, the Secretary shall make a finding as to whether 
the petition presents substantial scienific information indicating that 
the revision may be warranted. The Secretary shall promptly publish such 
finding in the Federal Register and so notify the petitioner.
    (2) In making the finding required by paragraph (c)(1) of this 
section, the Secretary shall consider whether a petition contains--
    (i) Information indicating that areas petitioned to be added to 
critical habitat contain physical and biological features essential to, 
and that may require special management to provide for, the conservation 
of the species involved; or
    (ii) Information indicating that areas designated as critical 
habitat do not contain resources essential to, or do not require special 
management to provide for, the conservation of the species involved.
    (3) Within 12 months after receiving a petition found under 
paragraph (c)(1) of this section to present substantial information 
indicating that revision of a critical habitat may be warranted, the 
Secretary shall determine how he intends to proceed with the requested 
revision, and shall promptly publish notice of such intention in the 
Federal Register.
    (d) Petitions to designate critical habitat or adopt special rules. 
Upon receiving a petition to designate critical habitat

[[Page 1194]]

or to adopt a special rule to provide for the conservation of a species, 
the Secretary shall promptly conduct a review in accordance with the 
Administrative Procedure Act (5 U.S.C. 553) and applicable Departmental 
regulations, and take appropriate action.



Sec. 424.15  Notices of review.

    (a) If the Secretary finds that one of the actions described in 
Sec. 424.10 may be warranted, but that the available evidence is not 
sufficiently definitive to justify proposing the action at that time, a 
notice of review may be published in the Federal Register. The notice 
will describe the measure under consideration, briefly explain the 
reasons for considering the action, and solicit comments and additional 
information on the action under consideration.
    (b) The Secretary from time to time also may publish notices of 
review containing the names of species that are considered to be 
candidates for listing under the Act and indicating whether sufficient 
scientific or commercial information is then available to warrant 
proposing to list such species, the names of species no longer being 
considered for listing, or the names of listed species being considered 
for delisting or reclassification. However, none of the substantive or 
procedural provisions of the Act apply to a species that is designated 
as a candidate for listing.
    (c) Such notices of review will invite comment from all interested 
parties regarding the status of the species named. At the time of 
publication of such a notice, notification in writing will be sent to 
State agencies in any affected States, known affected Federal agencies, 
and, to the greatest extent practicable, through the Secretary of State, 
to the governments of any foreign countries in which the subject species 
normally occur.



Sec. 424.16  Proposed rules.

    (a) General. Based on the information received through Sec. Sec. 
424.13, 424.14, 424.15, and 424.21, or through other available avenues, 
the Secretary may propose revising the lists as described in Sec. 
424.10.
    (b) Contents. A notice of a proposed rule to carry out one of the 
actions described in Sec. 424.10 shall contain the complete text of the 
proposed rule, a summary of the data on which the proposal is based 
(including, as appropriate, citation of pertinent information sources), 
and shall show the relationship of such data to the rule proposed. If 
such a rule designates or revises critical habitat, such summary shall, 
to the maximum extent practicable, include a brief description and 
evaluation of those activities (whether public or private) that, in the 
opinion of the Secretary, if undertaken, may adversely modify such 
habitat, or may be affected by such designation. Any proposed rule to 
designate or revise critical habitat shall contain a map of such 
habitat. Any such notice proposing the listing, delisting, or 
reclassification of a species or the designation or revision of critical 
habitat shall also include a summary of factors affecting the species 
and/or critical habitat.
    (c) Procedures--(1) Notifications. In the case of any proposed rule 
to list, delist, or reclassify a species, or to designate or revise 
critical habitat, the Secretary shall--
    (i) Publish notice of the proposal in the Federal Register;
    (ii) Give actual notice of the proposed regulation (including the 
complete text of the regulation) to the State agency in each State in 
which the species is believed to occur, and to each county or equivalent 
jurisdiction therein in which the species is believed to occur, and 
invite the comment of each such agency and jurisdiction;
    (iii) Give notice of the proposed regulation to any Federal 
agencies, local authorities, or private individuals or organizations 
known to be affected by the rule;
    (iv) Insofar as practical, and in cooperation with the Secretary of 
State, give notice of the proposed regulation to list, delist, or 
reclassify a species to each foreign nation in which the species is 
believed to occur or whose citizens harvest the species on the high 
seas, and invite the comment of such nation;
    (v) Give notice of the proposed regulation to such professional 
scientific organizations as the Secretary deems appropriate; and

[[Page 1195]]

    (vi) Publish a summary of the proposed regulation in a newspaper of 
general circulation in each area of the United States in which the 
species is believed to occur.
    (2) Period of public comments. At least 60 days shall be allowed for 
public comment following publication in the Federal Register of a rule 
proposing the listing, delisting, or reclassification of a species, or 
the designation or revision of critical habitat. All other proposed 
rules shall be subject to a comment period of at least 30 days following 
publication in the Federal Register. The Secretary may extend or reopen 
the period for public comment on a proposed rule upon a finding that 
there is good cause to do so. A notice of any such extension or 
reopening shall be published in the Federal Register, and shall specify 
the basis for so doing.
    (3) Public hearings. The Secretary shall promptly hold at least one 
public hearing if any person so requests within 45 days of publication 
of a proposed regulation to list, delist, or reclassify a species, or to 
designate or revise critical habitat. Notice of the location and time of 
any such hearing shall be published in the Federal Register not less 
than 15 days before the hearing is held.



Sec. 424.17  Time limits and required actions.

    (a) General. (1) Within 1 year of the publication of a rule 
proposing to determine whether a species is an endangered or threatened 
species, or to designate or revise critical habitat, the Secretary shall 
publish one of the following in the Federal Register:
    (i) A final rule to implement such determination or revision,
    (ii) A finding that such revision should not be made,
    (iii) A notice withdrawing the proposed rule upon a finding that 
available evidence does not justify the action proposed by the rule, or
    (iv) A notice extending such 1-year period by an additional period 
of not more than 6 months because there is substantial disagreement 
among scientists knowledgeable about the species concerned regarding the 
sufficiency or accuracy of the available data relevant to the 
determination or revision concerned.
    (2) If an extension is made under paragraph (a)(1)(iv) of this 
section, the Secretary shall, within the extended period, take one of 
the actions described in paragraphs (a)(1) (i), (ii), or (iii) of this 
section.
    (3) If a proposed rule is withdrawn under paragraph (a)(1)(iii) of 
this section, the notice of withdrawal shall set forth the basis upon 
which the proposed rule has been found not to be supported by available 
evidence. The Secretary shall not again propose a rule withdrawn under 
such provision except on the basis of sufficient new information that 
warrants a reproposal.
    (b) Critical habitat designations. A final rule designating critical 
habitat of an endangered or a threatened species shall to the extent 
permissible under Sec. 424.12 be published concurrently with the final 
rule listing such species, unless the Secretary deems that--
    (1) It is essential to the conservation of such species that it be 
listed promptly; or
    (2) Critical habitat of such species is not then determinable,

in which case, the Secretary, with respect to the proposed regulation to 
designate such habitat, may extend the 1-year period specified in 
paragraph (a) of this section by not more than one additional year. Not 
later than the close of such additional year the Secretary must publish 
a final regulation, based on such data as may be available at that time, 
designating, to the maximum extent prudent, such habitat.



Sec. 424.18  Final rules--general.

    (a) Contents. A final rule promulgated to carry out the purposes of 
the Act will be published in the Federal Register. This publication will 
contain the complete text of the rule, a summary of the comments and 
recommendations received in response to the proposal (including 
applicable public hearings), summaries of the data on which the rule is 
based and the relationship of such data to the final rule, and a 
description of any conservation measures available under the rule. 
Publication of a final rule to list, delist, or reclassify a species or 
designate or revise critical habitat shall also provide a summary

[[Page 1196]]

of factors affecting the species. A rule designating or revising 
critical habitat will also contain a description of the boundaries and a 
map of such habitat and will, to the maximum extent practicable, be 
accompanied by a brief description and evaluation of those activities 
(whether public or private) that might occur in the area and which, in 
the opinion of the Secretary, may adversly modify such habitat or be 
affected by such designation.
    (b) Effective date. A final rule shall take effect--
    (1) Not less than 30 days after it is published in the Federal 
Register, except as otherwise provided for good cause found and 
published with the rule; and
    (2) Not less than 90 days after (i) publication in the Federal 
Register of the proposed rule, and (ii) actual notification of any 
affected State agencies and counties or equivalent jurisdictions in 
accordance with Sec. 424.16(c)(1)(ii).
    (c) Disagreement with State agency. If a State agency, given notice 
of a proposed rule in accordance with Sec. 424.16(c)(1)(ii), submits 
comments disagreeing in whole or in part with a proposed rule, and the 
Secretary issues a final rule that is in conflict with such comments, or 
if the Secretary fails to adopt a regulation for which a State agency 
has made a petition in accordance with Sec. 424.14, the Secretary shall 
provide such agency with a written justification for the failure to 
adopt a rule consistent with the agency's comments or petition.



Sec. 424.19  Final rules--impact analysis of critical habitat.

    The Secretary shall identify any significant activities that would 
either affect an area considered for designation as critical habitat or 
be likely to be affected by the designation, and shall, after proposing 
designation of such an area, consider the probable economic and other 
impacts of the designation upon proposed or ongoing activities. The 
Secretary may exclude any portion of such an area from the critical 
habitat if the benefits of such exclusion outweigh the benefits of 
specifying the area as part of the critical habitat. The Secretary shall 
not exclude any such area if, based on the best scientific and 
commercial data available, he determines that the failure to designate 
that area as critical habitat will result in the extinction of the 
species concerned.



Sec. 424.20  Emergency rules.

    (a) Sections 424.16, 424.17, 424.18, and 424.19 notwithstanding, the 
Secretary may at any time issue a regulation implementing any action 
described in Sec. 424.10 in regard to any emergency posing a 
significant risk to the well-being of a species of fish, wildlife, or 
plant. Such rules shall, at the discretion of the Secretary, take effect 
immediately on publication in the Federal Register. In the case of any 
such action that applies to a resident species, the Secretary shall give 
actual notice of such regulation to the State agency in each State in 
which such species is believed to occur. Publication in the Federal 
Register of such an emergency rule shall provide detailed reasons why 
the rule is necessary. An emergency rule shall cease to have force and 
effect after 240 days unless the procedures described in Sec. Sec. 
424.16, 424.17, 424.18, and 424.19 (as appropriate) have been complied 
with during that period.
    (b) If at any time after issuing an emergency rule, the Secretary 
determines, on the basis of the best scientific and commercial data 
available, that substantial evidence does not then exist to warrant such 
rule, it shall be withdrawn.



Sec. 424.21  Periodic review.

    At least once every 5 years, the Secretary shall conduct a review of 
each listed species to determine whether it should be delisted or 
reclassified. Each such determination shall be made in accordance with 
Sec. Sec. 424.11, 424.16, and 424.17 of this part, as appropriate. A 
notice announcing those species under active review will be published in 
the Federal Register. Notwithstanding this section's provisions, the 
Secretary may review the status of any species at any time based upon a 
petition (see Sec. 424.14) or upon other data available to the Service.

[[Page 1197]]



                         SUBCHAPTER B [RESERVED]



[[Page 1198]]



            SUBCHAPTER C_ENDANGERED SPECIES EXEMPTION PROCESS





PART 450_GENERAL PROVISIONS--Table of Contents



    Authority: Endangered Species Act of 1973, 16 U.S.C. 1531, et seq., 
as amended.



Sec. 450.01  Definitions

    The following definitions apply to terms used in this subchapter.
    Act means the Endangered Species Act of 1973, as amended, 16 U.S.C. 
1531, et seq.
    Agency action means all actions of any kind authorized, funded or 
carried out, in whole or in part by Federal agencies, including, in the 
instance of an application for a permit or license, the underlying 
activity for which the permit or license is sought.
    Alternative courses of action means all reasonable and prudent 
alternatives, including both no action and alternatives extending beyond 
original project objectives and acting agency jurisidiction.
    Benefits means all benefits of an agency action, both tangible and 
intangible, including but not limited to economic, environmental and 
cultural benefits.
    Biological assessment means the report prepared pursuant to section 
7(c) of the Act, 16 U.S.C. 1536(c).
    Biological opinion means the written statement prepared pursuant to 
section 7(b) of the Act, 16 U.S.C. 1536(b).
    Chairman means the Chairman of the Endangered Species Committee, who 
is the Secretary of the Interior.
    Committee means the Endangered Species Committee established 
pursuant to section 7(e) of the Act, 16 U.S.C. 1536(e).
    Critical habitat refers to those areas listed as Critical Habitat in 
50 CFR parts 17 and 226.
    Destruction or adverse modification is defined at 50 CFR 402.02.
    Federal agency means any department, agency or instrumentality of 
the United States.
    Irreversible or irretrievable commitment of resources means any 
commitment of resources which has the effect of foreclosing the 
formulation or implementation of any reasonable or prudent alternatives 
which would not violate section 7(a)(2) of the Act.
    Jeopardize the continued existence of is defined at 50 CFR 402.02.
    Mitigation and enhancement measures means measures, including live 
propagation, tranplantation, and habitat acquisition and improvement, 
necessary and appropriate (a) to minimize the adverse effects of a 
proposed action on listed species or their critical habitats and/or (b) 
to improve the conservation status of the species beyond that which 
would occur without the action. The measures must be likely to protect 
the listed species or the critical habitat, and be reasonable in their 
cost, the availability of the technology required to make them 
effective, and other considerations deemed relevant by the Committee.
    Permit or license applicant means any person whose application to an 
agency for a permit or license has been denied primarily because of the 
application of section 7(a)(2) of the Act, 16 U.S.C. 1536(a)(2).
    Person means an individual, corporation, partnership, trust, 
association, or any other private entity, or any public body or officer, 
employee, agent, department, or instrumentality of the Federal 
government, of any State or political subdivision thereof, or of any 
foreign government.
    Proposed action means the action proposed by the Federal agency or 
by a permit or license applicant, for which exemption is sought.
    Secretary means the Secretary of the Interior or the Secretary of 
Commerce, or his or her delegate, depending upon which Secretary has 
responsibility for the affected species as determined pursuant to 50 CFR 
402.01.
    Service means the United States Fish and Wildlife Service or the 
National Marine Fisheries Service, as appropriate.
    To the extent that such information is available to the applicant 
means all pertinent information the applicant has on the subject matter 
at the time the application is submitted, and all other pertinent 
information obtainable from

[[Page 1199]]

the appropriate Federal agency pursuant to a Freedom of Information Act 
request.

[50 FR 8126, Feb. 28, 1985]



PART 451_APPLICATION PROCEDURE--Table of Contents



Sec.
451.01 Definitions.
451.02 Applications for exemptions.
451.03 Endangered Species Committee.

    Authority: Endangered Species Act of 1973, 16 U.S.C. 1531 et seq., 
as amended.

    Source: 50 FR 8127, Feb. 28, 1985, unless otherwise noted.



Sec. 451.01  Definitions.

    All definitions contained in 50 CFR 450.01 are applicable to this 
part.



Sec. 451.02  Applications for exemptions.

    (a) Scope. This section prescribes the application procedures for 
applying for an exemption from the requirements of section 7(a)(2) of 
the Endangered Species Act, as amended.
    (b) Where to apply. Applications should be made to the appropriate 
Secretary(ies) by writing:
    (1) The Secretary, Attention: Endangered Species Committee, 
Department of the Interior, 18th and C Street, NW., Washington, DC 
20240.
    (2) The Secretary, Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20030.
    (c) Who may apply. (1) A Federal agency, (2) the Governor of the 
State in which an agency action will occur, if any, or (3) a permit or 
license applicant may apply to the Secretary for an exemption for an 
agency action if, after consultation under section 7(a)(2) of the Act, 
the Secretary's opinion indicates that the agency action would violate 
section 7(a)(2) of the Act.
    (d) When to apply. (1) Except in the case of agency action involving 
a permit or license application, an application for an exemption must be 
submitted to the Secretary within 90 days following the termination of 
the consultation process.
    (2) In the case of agency action involving a permit or license 
application, an application for an exemption may be submitted after the 
Federal agency concerned formally denies the permit or license. An 
applicant denied a permit or license may not simultaneously seek 
administrative review within the permitting or licensing agency and 
apply for an exemption. If administrative review is sought, an 
application for an exemption may be submitted if that review results in 
a formal denial of the permit or license. For an exemption application 
to be considered, it must be submitted within 90 days after the date of 
a formal denial of a permit or license.
    (e) Contents of the application when submitted. Exemption applicants 
must provide the following information at the time the application is 
submitted.
    (1) Name, mailing address, and phone number, including the name and 
telephone number of an individual to be contacted regarding the 
application.
    (2) If the applicant is a Federal agency:
    (i) A comprehensive description of the proposed agency action and if 
a license or permit denial is involved, a comprehensive description of 
the license or permit applicant's proposed action.
    (ii) In the case of a denial of a license or permit, a description 
of the permit or license sought, including a statement of who in the 
Federal agency denied the permit or license, the grounds for the denial, 
and a copy of the permit or license denial.
    (iii) A description of all permit(s), license(s) or other legal 
requirements which have been satisfied or obtained, or which must still 
be satisfied or obtained, before the proposed action can proceed.
    (iv) A description of the consultation process carried out pursuant 
to section 7(a) of the Act.
    (v) A copy of the biological assessment, if one was prepared.
    (vi) A copy of the biological opinion.
    (vii) A description of each alternative to the proposed action 
considered by the Federal agency, by the licensing or permitting agency, 
and by the permit or license applicant, to the extent known.

[[Page 1200]]

    (viii) A statement describing why the proposed agency action cannot 
be altered or modified to avoid violating section 7(a)(2) of the Act.
    (ix) A description of resources committed by the Federal agency, or 
the permit or license applicant, if any, to the proposed action 
subsequent to the initiation of consultation.
    (3) If the applicant is a permit or license applicant other than a 
Federal agency:
    (i) A comprehensive description of the applicant's proposed action.
    (ii) A description of the permit or license sought from the Federal 
agency, including a statement of who in that agency denied the permit or 
license and the grounds for the denial.
    (iii) A description of all permit(s), license(s) or other legal 
requirements which have been satisfied or obtained, or which must still 
be satisfied or obtained, before it can proceed with the proposed 
action.
    (iv) A copy of the permit or license denial.
    (v) A copy of the biological assessment, if one was prepared.
    (vi) A copy of the biological opinion.
    (vii) A description of the consultation process carried out pursuant 
to section 7(a) of the Act, to the extent that such information is 
available to the applicant.
    (viii) A description of each alternative to the proposed action 
considered by the applicant, and to the extent that such information is 
available to the applicant, a description of each alternative to the 
proposed action considered by the Federal agency.
    (ix) A statement describing why the applicant's proposed action 
cannot be altered or modified to avoid violating section 7(a)(2) of the 
Act.
    (x) A description of resources committed to the proposed action by 
the permit or license applicant subsequent to the initiation of 
consultation.
    (4) If the applicant is the Governor of a State in which the 
proposed agency action may occur:
    (i) A comprehensive description of the proposed agency action and if 
a license or permit denial is involved, a comprehensive description of 
the license or permit applicant's proposed action.
    (ii) A description of the permit or license, if any, sought from the 
Federal agency, including a statement of who in that agency denied the 
permit or license and the grounds for the denial, to the extent that 
such information is available to the Governor.
    (iii) A description of all permit(s), license(s) or other legal 
requirements which have been satisfied or obtained, or which must still 
be satisfied or obtained before the agency can proceed with the proposed 
action, to the extent that such information is available to the 
Governor.
    (iv) A copy of the biological assessment, if one was prepared.
    (v) A copy of the biological opinion.
    (vi) A description of the consultation process carried out pursuant 
to section 7(a) of the Act, to the extent that such information is 
available to the Governor.
    (vii) A description of all alternatives considered by the Federal 
agency, by the licensing or permitting agency, and by the permit or 
license applicant, to the extent that such information is available to 
the Governor.
    (viii) A statement describing why the proposed agency action cannot 
be altered or modified to avoid violating section 7(a)(2) of the Act.
    (ix) A description of resources committed to the proposed action 
subsequent to the initiation of consultation, to the extent that such 
information is available to the Governor.
    (5) Each applicant, whether a Federal agency, a permit or license 
applicant, or a Governor, must also submit the following:
    (i) A complete statement of the nature and the extent of the 
benefits of the proposed action.
    (ii) A complete discussion of why the benefits of the proposed 
action clearly outweigh the benefits of each considered alternative 
course of action.
    (iii) A complete discussion of why none of the considered 
alternatives are reasonable and prudent.
    (iv) A complete statement explaining why the proposed action is in 
the public interest.
    (v) A complete explanation of why the action is of regional or 
national significance.

[[Page 1201]]

    (vi) A complete discussion of mitigation and enhancement measures 
proposed to be undertaken if an exemption is granted.
    (6) When the exemption applicant is a license or permit applicant or 
a Governor, a copy of the application shall be provided by the exemption 
applicant at the time the application is filed, to the Federal agency 
which denied the license or permit.
    (f) Review of the application by the Secretary. (1) Upon receiving 
the application, the Secretary shall review the contents thereof and 
consider whether the application complies with the requirements set 
forth in paragraphs (c), (d) and (e) of this section.
    (2) The Secretary shall reject an application within 10 days of 
receiving it if he determines that it does not comply with paragraphs 
(c), (d) and (e) of this section. If the Secretary rejects an 
application because it does not contain the information required by 
paragraph (e) of this section, the applicant may resubmit a revised 
application so long as the applicant does so during the 90 day period 
specified in paragraph (d) of this section.
    (3) If the Secretary finds that the application meets the 
requirements of paragraphs (c), (d), and (e) of this section, he will 
consider the application in accordance with part 452.
    (g) Notification of the Secretary of State. The Secretary will 
promptly transmit to the Secretary of State a copy of all applications 
submitted in accordance with Sec. 451.02.
    (h) Public notification. Upon receipt of an application for 
exemption, the Secretary shall promptly publish a notice in the Federal 
Register (1) announcing that an application has been filed, (2) stating 
the applicant's name, (3) briefly describing the proposed agency action 
and the result of the consultation process, (4) summarizing the 
information contained in the application, (5) designating the place 
where copies of the application can be obtained and (6) specifying the 
name of the person to contact for further information. The Secretary 
will promptly notify each member of the Committee upon receipt of an 
application for exemption.
    (i) The information collection requirements contained in part 451 do 
not require approval by the Office of Management and Budget under 44 
U.S.C. 3501 et seq., because it is anticipated there will be fewer than 
ten respondents annually.



Sec. 451.03  Endangered Species Committee.

    (a) Scope. This section contains provisions governing the 
relationship between the Secretary and the Endangered Species Committee.
    (b) Appointment of State member. (1) Upon receipt of an application 
for exemption, the Secretary shall promptly notify the Governors of each 
affected State, if any, as determined by the Secretary, and request the 
Governors to recommend individuals to be appointed to the Endangered 
Species Committee for consideration of the application. Written 
recommendations of these Governors must be received by the Secretary 
within 10 days of receipt of notification. The Secretary will transmit 
the Governors' recommendations to the President and will request that 
the President appoint a State resident to the Endangered Species 
Committee from each affected State within 30 days after the application 
for exemption was submitted.
    (2) When no State is affected, the Secretary will submit to the 
President a list of individuals with expertise relevant to the 
application and will request the President to appoint, within 30 days 
after the application for exemption was submitted, an individual to the 
Endangered Species Committee.



PART 452_CONSIDERATION OF APPLICATION BY THE SECRETARY--
Table of Contents



Sec.
452.01 Purpose and scope.
452.02 Definitions.
452.03 Threshold review and determinations.
452.04 Secretary's report.
452.05 Hearings.
452.06 Parties and intervenors.
452.07 Separation of functions and ex parte communications.
452.08 Submission of Secretary's report.
452.09 Consolidated and joint proceedings.

    Authority: Endangered Species Act of 1973, 16 U.S.C. 1531, et seq., 
as amended.

    Source: 50 FR 8129, Feb. 28, 1985, unless otherwise noted.

[[Page 1202]]



Sec. 452.01  Purpose and scope.

    This part prescribes the procedures to be used by the Secretary when 
examining applications for exemption from section 7(a)(2) of the 
Endangered Species Act.



Sec. 452.02  Definitions.

    Definitions applicable to this part are contained in 50 CFR 450.01.



Sec. 452.03  Threshold review and determinations.

    (a) Threshold determinations. Within 20 days after receiving an 
exemption application, or a longer time agreed upon between the 
exemption applicant and the Secretary, the Secretary shall conclude his 
review and determine:
    (1) Whether any required biological assessment was conducted;
    (2) To the extent determinable within the time period provided, 
whether the Federal agency and permit or license applicant, if any, have 
refrained from making any irreversible or irretrievable commitment of 
resources; and
    (3) Whether the Federal agency and permit or license applicant, if 
any, have carried out consultation responsibilities in good faith and 
have made a reasonable and responsible effort to develop and fairly 
consider modifications or reasonable and prudent alternatives to the 
proposed action which would not violate section 7(a)(2) of the Act.
    (b) Burden of proof. The exemption applicant has the burden of 
proving that the requirements of Sec. 452.03(a) have been met.
    (c) Negative finding. If the Secretary makes a negative finding on 
any threshold determination, the Secretary shall deny the application 
and notify the exemption applicant in writing of his finding and grounds 
therefor. The exemption process shall terminate when the applicant 
receives such written notice. The Secretary's denial shall constitute 
final agency action for purposes of judicial review under chapter 7 of 
title 5 of the United States Code.
    (d) Positive finding. If the Secretary makes a positive finding on 
each of the threshold determinations, he shall notify the exemption 
applicant in writing that the application qualifies for consideration by 
the Endangered Species Committee.
    (e) Secretary of State opinion. The Secretary shall terminate the 
exemption process immediately if the Secretary of State, pursuant to his 
obligations under section 7(i) of the Act, certifies in writing to the 
Committee that granting an exemption and carrying out the proposed 
action would violate an international treaty obligation or other 
international obligation of the United States.



Sec. 452.04  Secretary's report.

    (a) Contents of the report. If the Secretary has made a positive 
finding on each of the threshold determinations, he shall proceed to 
gather information and prepare a report for the Endangered Species 
Committee:
    (1) Discussing the availability of reasonable and prudent 
alternatives to the proposed action;
    (2) Discussing the nature and extent of the benefits of the proposed 
action;
    (3) Discussing the nature and extent of the benefits of alternative 
courses of action consistent with conserving the species or the critical 
habitat;
    (4) Summarizing the evidence concerning whether the proposed action 
is of national or regional significance;
    (5) Summarizing the evidence concerning whether the proposed action 
is in the public interest;
    (6) Discussing appropriate and reasonable mitigation and enhancement 
measures which should be considered by the Committee in granting an 
exemption; and
    (7) Discussing whether the Federal agency and permit or license 
applicant, if any, have refrained from making any irreversible or 
irretrievable commitment of resources.
    (b) Preparation of the report. The report shall be prepared in 
accordance with procedures set out in Sec. 452.05 and Sec. 452.09.



Sec. 452.05  Hearings.

    (a) Hearings. (1) To develop the record for the report under Sec. 
452.04, the Secretary, in consultation with the members of the 
Committee, shall hold a hearing in accordance with 5 U.S.C. 554, 555, 
and 556.
    (2) The Secretary shall designate an Administrative Law Judge to 
conduct the hearing. The Secretary shall assign

[[Page 1203]]

technical staff to assist the Administrative Law Judge.
    (3) When the Secretary designates the Administrative Law Judge, the 
Secretary may establish time periods for conducting the hearing and 
closing the record.
    (4) The Secretary may require the applicant to submit further 
discussions of the information required by Sec. 451.02(e)(5). This 
information will be made part of the record.
    (b) Prehearing conferences. (1) The Administrative Law Judge may, on 
his own motion or the motion of a party or intervenor, hold a prehearing 
conference to consider:
    (i) The possibility of obtaining stipulations, admissions of fact or 
law and agreement to the introduction of documents;
    (ii) The limitation of the number of witnesses;
    (iii) Questions of law which may bear upon the course of the 
hearings;
    (iv) Prehearing motions, including motions for discovery; and
    (v) Any other matter which may aid in the disposition of the 
proceedings.
    (2) If time permits and if necessary to materially clarify the 
issues raised at the prehearing conference, the Administrative Law Judge 
shall issue a statement of the actions taken at the conference and the 
agreements made. Such statement shall control the subsequent course of 
the hearing unless modified for good cause by a subsequent statement.
    (c) Notice of hearings. Hearings and prehearing conferences will be 
announced by a notice in the Federal Register stating: (1) The time, 
place and nature of the hearing or prehearing conference; and (2) the 
matters of fact and law to be considered. Such notices will ordinarily 
be published at least 15 days before the scheduled hearings.
    (d) Conduct of hearings--(1) Admissibility of evidence. Relevant, 
material, and reliable evidence shall be admitted. Immaterial, 
irrelevant, unreliable, or unduly repetitious parts of an admissible 
document may be segregated and excluded so far as practicable.
    (2) Motions, objections, rebuttal and cross-examination. Motions and 
objections may be filed with the Administrative Law Judge, rebuttal 
evidence may be submitted, and cross-examination may be conducted, as 
required for a full and true disclosure of the facts, by parties, 
witnesses under subpoena, and their respective counsel.
    (i) Objections. Objections to evidence shall be timely, and the 
party making them may be required to state briefly the grounds relied 
upon.
    (ii) Offers of proof. When an objection is sustained, the examining 
party may make a specific offer of proof and the Administrative Law 
Judge may receive the evidence in full. Such evidence, adequately marked 
for identification, shall be retained in the record for consideration by 
any reviewing authority.
    (iii) Motions. Motions and petitions shall state the relief sought, 
the basis for relief and the authority relied upon. If made before or 
after the hearing itself, these matters shall be in writing and shall be 
filed and served on all parties. If made at the hearing, they may be 
stated and responded to orally, but the Administrative Law Judge may 
require that they be reduced to writing. Oral argument on motions and 
deadlines by which to file responses to written motions will be at the 
discretion of the Administrative Law Judge.
    (e) Applicant responsibility. In proceedings conducted pursuant to 
this section, the exemption applicant has the burden of going forward 
with evidence concerning the criteria for exemption.
    (f) Open meetings and record. All hearings and all hearing records 
shall be open to the public.
    (g) Requests for information, subpoenas. (1) The Administrative Law 
Judge is authorized to exercise the authority of the Committee to 
request, subject to the Privacy Act of 1974, that any person provide 
information necessary to enable the Committee to carry out its duties. 
Any Federal agency or the exemption applicant shall furnish such 
information to the Administrative Law Judge. (2) The Administrative Law 
Judge may exercise the authority of the Committee to issue subpoenas for 
the attendance and testimony of witnesses and the production of relevant 
papers, books, and documents.

[[Page 1204]]

    (h) Information collection. The information collection requirements 
contained in Sec. 452.05 do not require approval by the Office of 
Management and Budget under 44 U.S.C. 3501 et seq., because it is 
anticipated there will be fewer than ten respondents annually.



Sec. 452.06  Parties and intervenors.

    (a) Parties. The parties shall consist of the exemption applicant, 
the Federal agency responsible for the agency action in question, the 
Service, and intervenors whose motions to intervene have been granted.
    (b) Intervenors. (1) The Administrative Law Judge shall provide an 
opportunity for intervention in the hearing. A motion to intervene must 
state the petitioner's name and address, identify its representative, if 
any, set forth the interest of the petitioner in the proceeding and show 
that the petitioner's participation would assist in the determination of 
the issues in question.
    (2) The Administrative Law Judge shall grant leave to intervene if 
he determines that an intervenor's participation would contribute to the 
fair determination of issues. In making this determination, the 
Administrative Law Judge may consider whether an intervenor represents a 
point of view not adequately represented by a party or another 
intervenor.



Sec. 452.07  Separation of functions and ex parte communications.

    (a) Separation of functions. (1) The Administrative Law Judge and 
the technical staff shall not be responsible for or subject to the 
supervision or direction of any person who participated in the 
endangered species consultation at issue;
    (2) The Secretary shall not allow an agency employee or agent who 
participated in the endangered species consultation at issue or a 
factually related matter to participate or advise in a determination 
under this part except as a witness or counsel in public proceedings.
    (b) Ex parte communications. The provisions of 5 U.S.C. 557(d) apply 
to the hearing and the preparation of the report.



Sec. 452.08  Submission of Secretary's report.

    (a) Upon closing of the record, the Administrative Law Judge shall 
certify the record and transmit it to the Secretary for preparation of 
the Secretary's report which shall be based on the record. The Secretary 
may direct the Administrative Law Judge to reopen the record and obtain 
additional information if he determines that such action is necessary.
    (b) The Secretary shall submit his report and the record of the 
hearing to the Committee within 140 days after making his threshold 
determinations under Sec. 452.03(a) or within such other period of time 
as is mutually agreeable to the applicant and the Secretary.



Sec. 452.09  Consolidated and joint proceedings.

    (a) When the Secretary is considering two or more related exemption 
applications, the Secretary may consider them jointly and prepare a 
joint report if doing so would expedite or simplify consideration of the 
issues.
    (b) When the Secretaries of the Interior and Commerce are 
considering two or more related exemption applications, they may 
consider them jointly and prepare a joint report if doing so would 
expedite or simplify consideration of the issues.



PART 453_ENDANGERED SPECIES COMMITTEE--Table of Contents



Sec.
453.01 Purpose.
453.02 Definitions.
453.03 Committee review and final determinations.
453.04 Committee information gathering.
453.05 Committee meetings.
453.06 Additional Committee powers.

    Authority: Endangered Species Act of 1973, 16 U.S.C. 1531, et seq., 
as amended.

    Source: 50 FR 8130, Feb. 28, 1985, unless otherwise noted.



Sec. 453.01  Purpose.

    This part prescribes the procedures to be used by the Endangered 
Species Committee when examining applications for exemption from section 
7(a)(2) of the Endangered Species Act of 1973, as amended.

[[Page 1205]]



Sec. 453.02  Definitions.

    Definitions applicable to this part are contained in 50 CFR 450.01.



Sec. 453.03  Committee review and final determinations.

    (a) Final determinations. Within 30 days of receiving the 
Secretary's report and record, the Committee shall grant an exemption 
from the requirements of section 7(a)(2) of the Act for an agency action 
if, by a vote in which at least five of its members concur:
    (1) It determines that based on the report to the Secretary, the 
record of the hearing held under Sec. 452.05, and on such other 
testimony or evidence as it may receive:
    (i) There are no reasonable and prudent alternatives to the proposed 
action;
    (ii) The benefits of such action clearly outweigh the benefits of 
alternative courses of action consistent with conserving the species or 
its critical habitat, and such action is in the public interest;
    (iii) The action is of regional or national significance; and
    (iv) Neither the Federal agency concerned nor the exemption 
applicant made any irreversible or irretrievable commitment of resources 
prohibited by section 7(d) of the Act; and,
    (2) It establishes such reasonable mitigation and enhancement 
measures, including, but not limited to, live propagation, 
transplantation, and habitat acquisition and improvement, as are 
necessary and appropriate to minimize the adverse effects of the 
proposed action upon the endangered species, threatened species, or 
critical habitat concerned. Any required mitigation and enhancement 
measures shall be carried out and paid for by the exemption applicant.
    (b) Decision and order. The Committee's final determinations shall 
be documented in a written decision. If the Committee determines that an 
exemption should be granted, the Committee shall issue an order granting 
the exemption and specifying required mitigation and enhancement 
measures. The Committee shall publish its decision and order in the 
Federal Register as soon as practicable.
    (c) Permanent exemptions. Under section 7(h)(2) of the Act, an 
exemption granted by the Committee shall constitute a permanent 
exemption with respect to all endangered or threatened species for the 
purposes of completing such agency action--
    (1) Regardless of whether the species was identified in the 
biological assessment, and
    (2) Only if a biological assessment has been conducted under section 
7(c) of the Act with respect to such agency action. Notwithstanding the 
foregoing, an exemption shall not be permanent if--
    (i) The Secretary finds, based on the best scientific and commercial 
data available, that such exemption would result in the extinction of a 
species that was not the subject of consultation under section 7(a)(2) 
of the Act or was not identified in any biological assessment conducted 
under section 7(c) of the Act, and
    (ii) The Committee determines within 60 days after the date of the 
Secretary's finding that the exemption should not be permanent.

If the Secretary makes a finding that the exemption would result in the 
extinction of a species, as specified above, the Committee shall meet 
with respect to the matter within 30 days after the date of the finding. 
During the 60 day period following the Secretary's determination, the 
holder of the exemption shall refrain from any action which would result 
in extinction of the species.
    (d) Finding by the Secretary of Defense. If the Secretary of Defense 
finds in writing that an exemption for the agency action is necessary 
for reasons of national security, the Committee shall grant the 
exemption notwithstanding any other provision in this part.



Sec. 453.04  Committee information gathering.

    (a) Written submissions. When the Chairman or four Committee members 
decide that written submissions are necessary to enable the Committee to 
make its final determinations, the Chairman shall publish a notice in 
the Federal Register inviting written submissions from interested 
persons.

[[Page 1206]]

The notice shall include: (1) The address to which such submissions are 
to be sent; (2) the deadline for such submissions; and (3) a statement 
of the type of information needed.
    (b) Public hearing. (1) When the Chairman or four Committee members 
decide that oral presentations are necessary to enable the Committee to 
make its final determinations, a public hearing shall be held.
    (2) The public hearing shall be conducted by (i) the Committee or 
(ii) a member of the Committee or other person, designated by the 
Chairman or by four members of the Committee.
    (3) Notice. The Chairman shall publish in the Federal Register a 
general notice of a public hearing, stating the time, place and nature 
of the public hearing.
    (4) Procedure. The public hearing shall be open to the public and 
conducted in an informal manner. All information relevant to the 
Committee's final determinations shall be admissible, subject to the 
imposition of reasonable time limitations on oral testimony.
    (5) Transcript. Public hearings will be recorded verbatim and a 
transcript thereof will be available for public inspection.



Sec. 453.05  Committee meetings.

    (a) The committee shall meet at the call of the Chairman or five of 
its members.
    (b) Five members of the Committee or their representatives shall 
constitute a quorum for the transaction of any function of the 
Committee, except that in no case shall any representative be considered 
in determining the existence of a quorum for the transaction of a 
Committee function which involves a vote by the Committee on the 
Committee's final determinations.
    (c) Only members of the Committee may cast votes. In no case shall 
any representative cast a vote on behalf of a member.
    (d) Committee members appointed from the affected States shall 
collectively have one vote. They shall determine among themselves how it 
will be cast.
    (e) All meetings and records of the Committee shall be open to the 
public.
    (f) The Chairman shall publish a notice of all Committee meetings in 
the Federal Register. The notice will ordinarily be published at least 
15 days prior to the meeting.



Sec. 453.06  Additional Committee powers.

    (a) Secure information. Subject to the Privacy Act, the Committee 
may secure information directly from any Federal agency when necessary 
to enable it to carry out its duties.
    (b) Subpoenas. For the purpose of obtaining information necessary 
for the consideration of an application for an exemption, the Committee 
may issue subpoenas for the attendance and testimony of witnesses and 
the production of relevant papers, books, and documents.
    (c) Rules and orders. The Committee may issue and amend such rules 
and orders as are necessary to carry out its duties.
    (d) Delegate authority. The Committee may delegate its authority 
under paragraphs (a) and (b) of this section to any member.

[[Page 1207]]



                   CHAPTER V--MARINE MAMMAL COMMISSION




  --------------------------------------------------------------------
Part                                                                Page
501             Implementation of the Privacy Act of 1974...        1209
510             Implementation of the Federal Advisory 
                    Committee Act...........................        1213
520             Public availability of agency materials.....        1215
530             Compliance with the National Environmental 
                    Policy Act..............................        1217
540             Information security........................        1218
550             Enforcement of nondiscrimination on the 
                    basis of handicap in programs or 
                    activities conducted by Marine Mammal 
                    Commission..............................        1220
560             Implementation of the Government in the 
                    Sunshine Act............................        1226

[[Page 1209]]



PART 501_IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents



Sec.
501.1 Purpose and scope.
501.2 Definitions.
501.3 Procedure for responding to requests regarding the existence of 
          records pertaining to an individual.
501.4 Requests for access--times, places and requirements for 
          identification of individuals.
501.5 Disclosure of requested information.
501.6 Requests for correction or amendment of a record.
501.7 Agency review of requests for amendment or correction of a record.
501.8 Appeal of initial denial of a request for amendment or correction.
501.9 Fees.

    Authority: Sec. 3, Privacy Act of 1974 (5 U.S.C. 552a(f)).

    Source: 40 FR 49276, Oct. 21, 1975, unless otherwise noted.



Sec. 501.1  Purpose and scope.

    (a) Purpose. The purpose of these rules is to fulfill the 
responsibilities of the Marine Mammal Commission (the ``Commission'') 
under section 3 of the Privacy Act of 1974, 5 U.S.C. 552a(f) (the 
``Act'') by establishing procedures whereby an individual will be 
notified if any system of records maintained by the Commission contains 
a record pertaining to him or her; by defining the times and places at 
which records will be made available and the identification requirements 
which must be met by any individual requesting access to them; by 
establishing procedures for disclosure to an individual, on request, of 
any record pertaining to him or her; and by establishing procedures for 
processing, reviewing, and making a final determination on requests of 
individuals to correct or amend a record pertaining to him or her, 
including a provision for administrative appeal of initial adverse 
determinations on such requests. These rules are promulgated with 
particular attention to the purposes and goals of the Act, and in 
accordance therewith provide for relative ease of access to records 
pertaining to an individual, and for maintenance by the Commission of 
only those records which are current, accurate, necessary, relevant and 
complete with respect to the purposes for which they were collected.
    (b) Scope. These rules apply only to ``record'' contained in 
``systems of records,'' defined by the Act as follows:

    The term ``record'' means any item, collection, or grouping of 
information about an individual that is maintained by an agency, 
including, but not limited to, his education, financial transactions, 
medical history, and criminal or employment history and that contains 
his name, or the identifying number, symbol, or other identifying 
particular assigned to the individual, such as a finger or voice print 
or a photograph;
    The term ``system of records'' means of group of any record under 
the control of any agency from which information is retrieved by the 
name of the individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual.


Notices with respect to the systems maintained by the Commission have 
been published in the Federal Register, as required by the Act. These 
rules pertain only to the systems of records disclosed in such notices, 
and to any systems that may become the subject of a notice at any time 
in the future.
    (c) Nothing in these rules shall be construed as pertaining to 
requests made under the Freedom of Information Act, 5 U.S.C. 552.



Sec. 501.2  Definitions.

    (a) As used in this part:
    (1) The term Act means the Privacy Act of 1974, 5 U.S.C. 552a.
    (2) The term Commission means the Marine Mammal Commission.
    (3) The term Director means the Executive Director of the Marine 
Mammal Commission.
    (4) The term Privacy Officer means an individual designated by the 
Director to receive all requests regarding the existence of records, 
requests for access and requests for correction or amendment; to review 
and make initial determinations regarding all such requests; and to 
provide assistance to any individual wishing to exercise his or her 
rights under the Act.
    (b) Other terms shall be used in this part in accordance with the 
definitions contained in section 3 of the Privacy Act of 1974, 5 U.S.C. 
552a(a).

[[Page 1210]]



Sec. 501.3  Procedure for responding to requests regarding the existence
of records pertaining to an individual.

    Any individual may submit a request to be notified whether a system 
of records, with respect to which the Commission has published a notice 
in the Federal Register, contains a record pertaining to him or her. 
Requests may be made in writing to the Privacy Officer or by appearing 
in person at the Commission offices located at 1625 I Street, NW., Room 
307, Washington, DC 20006 between the hours of 9:00 a.m. and 5:00 p.m. 
on any working day. Systems of records that are the subject of a request 
should be identified by reference to the system name designated in the 
Notice of Systems of Records published in the Federal Register. In the 
event a system name is not known to the individual, a general request 
will suffice if it indicates reasons for the belief that a record 
pertaining to the named individual is maintained by the Commission. 
Receipt of inquiries submitted by mail will be acknowledged within 10 
days of receipt (excluding Saturdays, Sundays, and legal public 
holidays) unless a response can also be prepared and forwarded to the 
individual within that time.



Sec. 501.4  Requests for access--times, places and requirements for
identification of individuals.

    Requests for access to a system of records pertaining to any 
individual may be made by that individual by mail addressed to the 
Privacy Officer, or by submitting a written request in person at the 
Commission offices located at 1625 I Street, NW., Room 307, Washington, 
DC 20006, between the hours of 9 a.m. and 5 p.m. on any working day. 
Assistance in gaining access under this section, securing an amendment 
or correction under Sec. 501.6, or preparing an appeal under Sec. Sec. 
501.5(d) and 501.8 shall be provided by the Privacy Officer on request 
directed to the Commission office. An individual appearing in person at 
the Commission offices will be granted immediate access to any records 
to which that individual is entitled under the Act upon satisfactory 
proof of identity by means of a document bearing the individual's 
photograph or signature. For requests made by mail, identification of 
the individual shall be adequate if established by means of submitting a 
certificate of a notary public, or equivalent officer empowered to 
administer oaths, substantially in accord with the following:

    City of ------------ County of --------------: ss (Name of 
individual) who affixed (his) (her) signature below in my presence, came 
before me, a (Title), in the aforesaid County and State, this ----------
-- day of ------------, 19----, and established (his)(her) identity to 
my satisfaction.
    My Commission expires ------------------------.


The certificate shall not be required, however, for written requests 
pertaining to non-sensitive information or to information which would be 
required to be made available under the Freedom of Information Act. The 
Privacy Officer shall determine the adequacy of any proof of identity 
offered by an individual.

[41 FR 5, Jan. 2, 1976]



Sec. 501.5  Disclosure of requested information.

    (a) Upon request and satisfactory proof of identity, an individual 
appearing at the Commission offices shall be given immediate access to 
and permission to review any record, contained in a system of records, 
pertaining to him or her, shall be allowed to have a person of his/her 
choosing accompany him/her, and shall be given a copy of all or any 
portion of the record. The individual to which access is granted shall 
be required to sign a written statement authorizing the presence of the 
person who accompanies him or her, and authorizing discussion of his or 
her record in the presence of the accompanying person.
    (b) Requests made by mail to the Privacy Officer at the Commission 
offices will be acknowledged within 10 days from date of receipt 
(excluding Saturdays, Sundays, and legal public holidays). This 
acknowledgement shall advise the individual whether access to the record 
will be granted and, if access is granted, copies of such records shall 
be enclosed.
    (c) If the Privacy Officer initially determines to deny access to 
all or any

[[Page 1211]]

portion of a record, notice of denial shall be given to the individual 
in writing, within 30 days (excluding Saturdays, Sundays and holidays) 
after acknowledgement is given, and shall include the following:
    (1) The precise record to which access is being denied;
    (2) The reason for denial, including a citation to the appropriate 
provisions of the Act and of these Rules;
    (3) A statement that the denial may be appealed to the Director;
    (4) A statement of what steps must be taken to perfect an appeal to 
the Director; and,
    (5) A statement that the individual has a right to judicial review 
under 5 U.S.C. 552a(g)(1) of any final denial issued by the Director.
    (d) Administrative appeal of an initial denial, in whole or in part, 
of any request for access to a record, shall be available. An individual 
may appeal by submitting to the Director a written request for 
reconsideration stating therein specific reasons for reversal which 
address directly the reasons for denial stated in the initial notice of 
denial. If access is denied on appeal, a final notice of denial shall be 
sent to the individual within 30 days (excluding Saturdays, Sundays and 
holidays), and shall state with particularity the grounds for rejecting 
all reasons for reversal submitted by the individual. The denial shall 
then be deemed final for purposes of obtaining judicial review.

[40 FR 49276, Oct. 21, 1975, as amended at 41 FR 5, Jan. 2, 1976]



Sec. 501.6  Requests for correction or amendment of a record.

    (a) Any individual may request the correction or amendment of a 
record pertaining to him or her in writing addressed to the Privacy 
Officer at the Commission offices. Verification of identity required for 
such requests shall be the same as that specified in Sec. 501.4 of this 
part with respect to requests for access. Records sought to be amended 
must be identified with as much specificity as is practicable under the 
circumstances of the request, and at a minimum, should refer to the 
system name designated in the Notice of System Records published in the 
Federal Register, the type of record in which the information thought to 
be improperly maintained or incorrect is contained, and the precise 
information that is the subject of the request (for example, system 
name, description of record, paragraph, sentence, line, words). 
Assistance in identifying a record, and in otherwise preparing a 
request, may be obtained by contacting the Privacy Officer at the 
Commission offices.
    (b) A request should, in addition to identifying the individual and 
the record sought to be amended or corrected, include:
    (1) The specific wording or other information to be deleted, if any;
    (2) The specific wording or other information to be inserted, if 
any, and the exact place in the record at which it is to be inserted, 
and,
    (3) A statement of the basis for the requested amendment or 
correction (e.g. that the record is inaccurate, unnecessary, irrelevant, 
untimely, or incomplete), together with supporting documents, if any, 
which substantiate the statement.



Sec. 501.7  Agency review of requests for amendment or correction 
of a record.

    (a) Where possible, each request for amendment or correction shall 
be reviewed, and a determination on the request made, by the Privacy 
Officer within 10 days of receipt (excluding Saturdays, Sundays and 
holidays). Requests shall be acknowledged within that period where 
insufficient information has been provided to enable action to be taken. 
An acknowledgement shall inform the individual making the request of the 
estimated time within which a disposition of the request is expected to 
be made, and shall prescribe such further information as may be 
necessary to process the request. The request shall be granted, or an 
initial decision to deny shall be made, within ten days of receipt of 
all information specified in the acknowledgement (excluding Saturdays, 
Sundays and holidays).
    (b) Within 30 days (excluding Saturdays, Sundays and holidays) after 
arriving at a decision on a request, the Privacy Officer shall either:

[[Page 1212]]

    (1) Make the requested amendment or correction, in whole or in part, 
and advise the individual in writing of such action; or,
    (2) Advise the individual in writing that the request has been 
initially denied, in whole or in part, stating, with respect to those 
portions denied;
    (i) The date of the denial;
    (ii) The reasons for the denial, including a citation to an 
appropriate section of the Act and these Rules; and,
    (iii) The right of the individual to prosecute an appeal and to 
obtain judicial review should a final denial result from the appeal.
    (c) In reviewing a request for amendment or correction of a record, 
the Privacy Officer shall consider the following criteria:
    (1) The sufficiency of the evidence submitted by the individual;
    (2) The factual accuracy of the information sought to be amended or 
corrected;
    (3) The relevance and necessity of the information sought to be 
amended or corrected in terms of the purposes for which it was 
collected;
    (4) The timeliness and currency of the information sought to be 
amended or corrected in terms of the purposes for which it was 
collected;
    (5) The completeness of the information sought to be amended or 
corrected in terms of the purposes for which it was collected;
    (6) The degree of possibility that denial of the request could 
unfairly result in determinations adverse to the individual;
    (7) The character of the record sought to be corrected or amended; 
and,
    (8) The propriety and feasibility of complying with the specific 
means of correction or amendment requested by the individual. If an 
amendment or correction is otherwise permissible under the Act and other 
relevant statutes, a request shall be denied only if the individual has 
failed to establish, by a preponderance of the evidence, the propriety 
of the amendment or correction in light of these criteria.

[40 FR 49276, Oct. 21, 1975, as amended at 41 FR 5, Jan. 2, 1976]



Sec. 501.8  Appeal of initial denial of a request for amendment 
or correction.

    (a) The initial denial of a request for amendment or correction may 
be appealed by submitting to the Director the following appeal papers:
    (1) A copy of the original request for amendment or correction;
    (2) A copy of the initial denial; and
    (3) A precise statement of the reasons for the individual's belief 
that the denial is in error, referring specifically to the criteria 
contained in Sec. 501.7(c)(1) through (8).

The appeal must be signed by the individual. While these papers normally 
will constitute the entire Record on Appeal, the Director may add 
additional information, from sources other than the individual, where 
necessary to facilitate a final determination. Any such additional 
information added to the record shall promptly be disclosed to the 
individual to the greatest extent possible, and an opportunity for 
comment thereon shall be afforded prior to the final determination. 
Appeals should be submitted to the Director within 90 days after the 
date of the initial denial.
    (b) The Director shall issue a final determination on appeal within 
thirty days (excluding Saturdays, Sundays, and legal public holidays) 
from the date on which a completed Record on Appeal (including any 
additional information deemed necessary) is received. Review, and final 
determination by the Director, shall be based upon the criteria 
specified in Sec. 501.7(c)(1) through (8).
    (c) If the appeal is resolved favorably to the individual, the final 
determination shall specify the amendments or corrections to be made. 
Copies of the final determination shall be transmitted promptly to the 
individual and to the Privacy Officer. The Privacy Officer shall make 
the requested amendment or correction and advise the individual in 
writing of such action.
    (d) If the appeal is denied, the final determination shall state, 
with particularity, the reasons for denial, including a citation to an 
appropriate section of the Act and of these Rules. The final 
determination shall be forwarded promptly to the individual, together 
with a notice which shall inform

[[Page 1213]]

the individual of his or her right to submit to the Privacy Officer, for 
inclusion in the record, a concise statement of grounds for disagreement 
with the final determination. Receipt of any such statement shall be 
acknowledged by the Privacy Officer, and all subsequent and prior users 
of the record shall be provided copies of the statement. The notice 
shall also inform the individual of his or her right, under 5 U.S.C. 
552a(g)(1), to obtain judicial review of the final determination.

[40 FR 49276, Oct. 21, 1975, as amended at 41 FR 5, Jan. 2, 1976]



Sec. 501.9  Fees.

    A fee of $0.10 shall be charged for each copy of each page of a 
record made, by photocopy or similar process, at the request of an 
individual. No fee shall be charged for copies made at the initiative of 
the Commission incident to granting access to a record. A total copying 
fee of $2.00 or less may be waived by the Privacy Officer, but fees for 
all requests made contemporaneously by an individual shall be aggregated 
to determine the total fee.

[41 FR 5, Jan. 2, 1976]



PART 510_IMPLEMENTATION OF THE FEDERAL ADVISORY COMMITTEE ACT--
Table of Contents



Sec.
510.1 Purpose.
510.2 Scope.
510.3 Definitions.
510.4 Calling of meetings.
510.5 Notice of meetings.
510.6 Public participation.
510.7 Closed meetings.
510.8 Minutes.
510.9 Uniform pay guidelines.

    Authority: Sec. 8(a), Federal Advisory Committee Act, 5 U.S.C. App. 
I.

    Source: 41 FR 3306, Jan. 22, 1976, unless otherwise noted.



Sec. 510.1  Purpose.

    The regulations prescribed in this part set forth the administrative 
guidelines and management controls for advisory committees reporting to 
the Marine Mammal Commission. These regulations are authorized by 
section 8(a) of the Federal Advisory Committee Act, 5 U.S.C. appendix I. 
Guidelines and controls are prescribed for calling of meetings, notice 
of meetings, public participation, closing of meetings, keeping of 
minutes, and compensation of committee members, their staff and 
consultants.



Sec. 510.2  Scope.

    These regulations shall apply to the operation of advisory 
committees reporting to the agency.



Sec. 510.3  Definitions.

    For the purposes of this part,
    (a) The term Act means the Federal Advisory Committee Act, 5 U.S.C. 
appendix I;
    (b) The term Chairperson means each person selected to chair an 
advisory committee established by the Commission;
    (c) The term Commission means the Marine Mammal Commission, 
established by 16 U.S.C. 1401(a);
    (d) The term committee means any advisory committee reporting to the 
Commission; and
    (e) The term Designee means the agency official designated by the 
Chairman of the Commission (1) to perform those functions specified by 
sections 10(e) and (f) of the Act, and (2) to perform such other 
responsibilities as are required by the Act and applicable regulations 
to be performed by the ``agency head.''



Sec. 510.4  Calling of meetings.

    (a) No committee shall hold any meeting except with the advance 
approval of the Designee. Requests for approval may be made, and 
approval to hold meetings may be given orally or in writing, but if 
approval is given orally, the fact that approval has been given shall be 
stated in the public notice published pursuant to Sec. 510.5 of these 
regulations.
    (b) An agenda shall be submitted to, and must be approved by, the 
Designee in advance of each committee meeting, and that meeting shall be 
conducted in accordance with the approved agenda. The agenda shall list 
all matters to be considered at the meeting, and shall indicate when any 
part of the meeting will be closed to the public on the authority of 
exemptions contained in the

[[Page 1214]]

Freedom of Information Act, 5 U.S.C. 552(b).

[41 FR 3306, Jan. 22, 1976; 41 FR 4020, Jan. 28, 1976]



Sec. 510.5  Notice of meetings.

    (a) Notice of each committee meeting shall be timely published in 
the Federal Register. Publication shall be considered timely if made at 
least 15 days before the date of the meeting, except that shorter notice 
may be provided in emergency situations.
    (b) The notice shall state the time, place, schedule and purposes of 
the committee meeting, and shall include, whenever it is available, a 
summary of the agenda. The notice shall indicate the approximate times 
at which any portion of the meeting will be closed to the public and 
shall include an explanation for the closing of any portion of the 
meeting pursuant to Sec. 510.7.



Sec. 510.6  Public participation.

    (a) All committee meetings, or portions of meetings, that are open 
to the public shall be held at a reasonable time and at a place that is 
reasonably accessible to the public. A meeting room shall be selected 
which, within the bounds of the resources and facilities available, 
affords space to accommodate all members of the public who reasonably 
could be expected to attend.
    (b) Any member of the public shall be permitted to file a written 
statement with the committee, either by personally delivering a copy to 
the Chairperson, or by submitting the statement by mail to the Marine 
Mammal Commission Offices at the address indicated in the notice of 
meeting. Such statements should be received at least one week in advance 
of the scheduled meeting at which they are expected to be considered by 
the committee.
    (c) Opportunities will ordinarily be afforded to interested persons 
to speak to agenda items during that portion of the open meeting during 
which that item is to be considered by the committee, subject to such 
reasonable time limits as the committee may establish, and consideration 
of the extent to which the committee has received the benefit of 
comments by interested persons, the complexity and the importance of the 
subject, the time constraints under which the meeting is to be 
conducted, the number of persons who wish to speak during the meeting, 
and the extent to which the statement provides the committee with 
information which has not previously been available and is relevant to 
its decision or other action on that subject. Interested persons may be 
required to serve reasonable notice of their intentions to speak so that 
the committee may assess whether procedures and scheduling for the 
meeting can be adjusted to accommodate large numbers of participants.



Sec. 510.7  Closed meetings.

    (a) Whenever the committee seeks to have all or a portion of a 
meeting closed to the public on the basis of an exemption provided in 5 
U.S.C. 552(b), the Chairperson shall notify the Designee at least 30 
days before the scheduled date of the meeting. The notification shall be 
in writing and shall specify all the reasons for closing any part of the 
meeting.
    (b) If, after consultation with the General Counsel of the 
Commission, the Designee finds the request to be warranted and in 
accordance with the policy of the Act, the request shall be granted. The 
determination of the Designee to grant any such request shall be in 
writing and shall state the specific reasons for closing all or a part 
of the meeting. Copies of the determination shall be made available to 
the public upon request.



Sec. 510.8  Minutes.

    Detailed minutes shall be kept of each portion of each committee 
meeting. The minutes shall include: the time and place of the meeting; a 
list of the committee members and staff in attendance; a complete 
summary of matters discussed and conclusions reached; copies of all 
reports received, issued, or approved by the committee; a description of 
the extent to which the meeting was open to the public; and a 
description of public participation, including a list of members of the 
public who presented oral or written statements and an estimate of the 
number of members of the public who attended the open sessions. The 
Chairperson

[[Page 1215]]

shall certify to the accuracy of the minutes.



Sec. 510.9  Uniform pay guidelines.

    (a) Compensation of members and staff of, and consultants to the 
Committee of Scientific Advisors on Marine Mammals is fixed in 
accordance with 16 U.S.C. 1401(e), 1403(b), and 1406.
    (b) Compensation for members and staff of, and consultants to all 
advisory committees reporting to the Commission except the Committee of 
Scientific Advisors on Marine Mammals shall be fixed in accordance with 
guidelines established by the Director of the Office of Management and 
Budget pursuant to section 7(d) of the Act, 5 U.S.C. appendix I.



PART 520_PUBLIC AVAILABILITY OF AGENCY MATERIALS--Table of Contents



Sec.
520.1 Purpose.
520.2 Scope.
520.3 Definitions.
520.4 Availability of materials.
520.5 Administrative appeal.
520.6 Extensions of time.
520.7 Fees.

    Authority: 5 U.S.C. 552.

    Source: 41 FR 3307, Jan. 22, 1976, unless otherwise noted.



Sec. 520.1  Purpose.

    These regulations implement the provisions of the ``Freedom of 
Information Act,'' 5 U.S.C. 552. They establish procedures under which 
the public may inspect and obtain copies of nonexempt material 
maintained by the Commission, provide for administrative appeal of 
initial determinations to deny requests for material, and prescribe 
uniform fees to be charged by the Commission to recover direct search 
and duplication costs.



Sec. 520.2  Scope.

    (a) These regulations shall apply to all final opinions, including 
concurring and dissenting opinions, as well as orders, made by the 
Commission in the adjudication of cases; to all statements of policy and 
interpretations which have been adopted by the Commission and are not 
published in the Federal Register; to the Commission's administrative 
staff manuals and instructions to staff that affect a member of the 
public; and to any other Commission records reasonably described and 
requested by a person in accordance with these regulations--except to 
the extent that such material is exempt in accordance with paragraph (b) 
of this section.
    (b) Requests for inspection and copies shall not be granted with 
respect to materials that are:
    (1)(i) Specifically authorized under criteria established by an 
Executive Order to be kept secret in the interest of national defense or 
foreign policy, and
    (ii) Are in fact properly classified pursuant to such Executive 
order;
    (2) Related solely to the internal personnel rules and practices of 
the Commission;
    (3) Specifically exempted from disclosure by statute;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Inter-agency or intra-agency memorandums or letters which would 
not be available by law to a party other than an agency in litigation 
with the Commission;
    (6) Personnel and medical files and similar files, the disclosure of 
which would constitute a clearly unwarranted invasion of personal 
privacy;
    (7) Investigatory records compiled for law enforcement purposes, but 
only to the extent that the production of such records would:
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source and, in the case 
of a record compiled by a criminal law enforcement authority in the 
course of a criminal investigation, or by an agency conducting a lawful 
national security intelligence investigation, confidential information 
furnished only by the confidential source,
    (v) Disclose investigative techniques and procedures, or
    (vi) Endanger the life or physical safety of law enforcement 
personnel;

[[Page 1216]]

    (8) Contained in or related to examination, operating, or condition 
reports prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial institutions; 
or
    (9) Geological and geophysical information and data, including maps, 
concerning wells.



Sec. 520.3  Definitions.

    As used in these regulations:
    (a) The term Commission means the Marine Mammal Commission;
    (b) The term Director means the Executive Director of the Marine 
Mammal Commission;
    (c) The term exempt materials means those materials described in 
Sec. 520.2(b);
    (d) The term non-exempt materials refers to all materials described 
in Sec. 520.2(a), but not included in Sec. 520.2(b); and
    (e) The term General Counsel means the General Counsel of the Marine 
Mammal Commission.



Sec. 520.4  Availability of materials.

    (a) All non-exempt materials shall be available for inspection 
during normal business hours at the Commission offices, 1625 I Street, 
NW., Room 307, Washington, DC. Space shall be made available at that 
location for the use of any person who is granted permission to inspect 
such materials.
    (b) Requests to inspect, and obtain copies of, any material 
maintained by the Commission may be made in person at the Commission 
offices, or submitted in writing to the Executive Director, Marine 
Mammal Commission, 1625 I St., NW., Room 307, Washington, DC 20006. Each 
request should include a reasonable description of the material being 
sought, and should contain sufficient detail to facilitate retrieval of 
the material without undue delay. The Commission staff shall assist to 
the extent practicable in identifying material that is imprecisely 
described by the person requesting such material.
    (c) An initial determination whether, and to what extent, to grant 
each request shall be made by the General Counsel or his delegate within 
10 days (excepting Saturdays, Sundays, and legal public holidays) after 
receipt of that request. The person making the request shall be notified 
immediately of the determination made. In making such determinations, it 
shall first be considered whether the material requested is of a type 
described in Sec. 520.2(a); if it is, the request shall be granted 
unless the material is exempted by Sec. 520.2(b). If the material 
requested is not of a type described in Sec. 520.2(a), or is the 
subject of one or more exemptions, the request shall be denied.
    (d) If a determination is made to grant a request, the relevant 
material shall promptly be made available for inspection at the 
Commission offices. Copies of the material disclosed shall be furnished 
within a reasonable time after payment of the fee specified in Sec. 
520.7. Copies of less than 10 pages of material requested in person 
ordinarily will be furnished immediately following the determination to 
grant the request and payment of the fee. Larger numbers of copies may 
be furnished at the earliest convenience of the Commission staff, but 
must be furnished within a reasonable time following payment of the fee.
    (e) Whenever required to prevent a clearly unwarranted invasion of 
personal privacy, the General Counsel or his delegate shall determine 
that identifying details shall be deleted from an opinion, statement of 
policy, interpretation, or staff manual or instruction to which access 
is granted or of which copies are furnished. Where portions of the 
requested material are exempt under Sec. 520.2(b), and are reasonably 
segregable from the remainder of the material, those portions shall be 
excised from the material disclosed. Whenever details are deleted or 
portions are excised and not disclosed, the notification shall include 
the information specified in Sec. 520.4(f).
    (f) If a determination is made to deny a request, the notification 
shall include a statement of the reasons for such action, shall set 
forth the name and position of the person responsible for the denial, 
and shall advise the requester of the right, and the procedures required 
under Sec. 520.5, to appeal the denial to the Director.

[[Page 1217]]



Sec. 520.5  Administrative appeal.

    (a) An appeal to the Director of any denial, in whole or in part, of 
a request for access to and copies of material may be made by submission 
of a written request for reconsideration. Such requests must state 
specific reasons for reconsideration that address directly the grounds 
upon which the denial was based. Requests should be addressed to the 
Director at the Commission offices.
    (b) The Director shall make a determination with respect to any 
appeal within 20 days (excepting Saturdays, Sundays, and legal public 
holidays) after receipt of the request for reconsideration. The person 
making such a request shall immediately be notified by mail of the 
determination.
    (c) If the initial denial is reversed by the Director, any material 
with which the reversal is concerned shall be made available for 
inspection, and copies shall be furnished, in accordance with Sec. 
520.4(d).
    (d) If the denial is upheld, in whole or in part, the Director shall 
include in the notification a statement of the requester's right of 
judicial review under 5 U.S.C. 552(a)(4), and the names and positions of 
the persons responsible for the denial.



Sec. 520.6  Extensions of time.

    (a) Whenever unusual circumstances exist, as set forth in Sec. 
520.6(b), the times within which determinations must be made by the 
General Counsel on requests for access (10 working days), and by the 
Director on requests for reconsideration (20 working days), may be 
extended by written notice to the requester. The notice shall set forth 
the reasons for such extension, and the date on which a determination is 
expected to be made. The maximum extension of time allowed under this 
section shall be 10 working days, but shall be utilized only to the 
extent reasonably necessary to the proper processing of the particular 
request.
    (b) As used in this section, ``unusual circumstances'' shall mean:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
Commission offices;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are the subject 
of a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
agency having substantial subject-matter interest therein.



Sec. 520.7  Fees.

    (a) The following standard charges for document search and 
duplication, based on the direct costs of such services, must be paid 
before access to, or copies of material will be granted under these 
regulations:
    (1) Search: $4.00 per person-hour for clerical time; $8.00 per 
person-hour for professional or supervisory time;
    (2) Duplication: $0.10 per page of photocopied material.
    (b) The Commission shall furnish without charge, or at a reduced 
charge, copies of any material disclosed pursuant to these regulations, 
whenever the General Counsel or the Director determines that waiver or 
reduction of the fee is in the public interest because furnishing the 
information can be considered as primarily benefiting the general 
public.

[41 FR 3307, Jan. 22, 1976; 41 FR 4020, Jan. 28, 1976]



PART 530_COMPLIANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT--
Table of Contents



Sec.
530.1 Purpose.
530.2 Ensuring that environmental documents are actually considered in 
          agency decision-making.
530.3 Typical classes of action.
530.4 Environmental information.

    Authority: National Environmental Policy Act, Pub. L. 91-190; 42 
U.S.C. 4321 et seq.

    Source: 44 FR 52837, Sept. 11, 1979, unless otherwise noted.



Sec. 530.1  Purpose.

    The purpose of this part is to establish procedures which supplement 
the National Environmental Policy Act (NEPA) regulations and provide for 
the implementation of those provisions

[[Page 1218]]

identified in Sec. 1507.3(b) of the regulations which are applicable to 
the activities of the Commission in light of its statutory functions and 
responsibilities.



Sec. 530.2  Ensuring that environmental documents are actually 
considered in agency decision-making.

    Section 1505.1 of the NEPA regulations contains requirements to 
ensure adequate consideration of environmental documents in agency 
decision-making. To implement these requirements, Commission officials 
shall:
    (a) Consider all relevant environmental documents in evaluating 
proposals for agency actions;
    (b) Ensure that all relevant environmental documents, comments, and 
responses accompany the proposal through existing agency review 
processes;
    (c) Consider only those alternatives encompassed by the range of 
alternatives discussed in the relevant environmental documents when 
evaluating any proposal for action by the Commission which is likely to 
significantly affect the quality of the human environment; and
    (d) Where an environmental impact statement (EIS) has been prepared, 
consider the specific alternatives analyzed in the EIS when evaluating 
the proposal which is the subject of the EIS. All Commission officials 
directly involved in developing, evaluating, and/or reaching decisions 
on proposed actions shall consider relevant environmental documents and 
comply with the applicable provisions of the NEPA process.



Sec. 530.3  Typical classes of action.

    Section 1507.3(b)(2), in conjunction with Sec. 1508.4, requires 
agencies to identify typical classes of action that warrant similar 
treatment under NEPA with respect to the preparation of EIS's or 
environmental assessments. As a general matter, the Commission's 
activities do not include actions for which EIS's or environmental 
assessments are required. Its activities involve:
    (a) Consultation with and recommendations to other Federal agencies 
for actions relating to marine mammal protection and conservation for 
which an EIS or environmental assessment is either not required by the 
NEPA regulations or for which an EIS or environmental assessment is 
prepared by another Federal agency; and
    (b) Research contracts relating to policy issues, biological-
ecological data needed to make sound management decisions, and better 
methods for collecting and analyzing data. These activities are not, by 
themselves, major Federal actions significantly affecting the quality of 
the human environment and the Commission's activities are therefore 
categorically excluded from the requirement to prepare an EIS or 
environmental assessment except for proposals for legislation which are 
initiated by the Commission, for which the Commission shall develop 
environmental assessments or EIS's, as appropriate, in accordance with 
the NEPA regulations. The Commission shall independently determine 
whether an EIS or an environmental assessment is required where:
    (1) A proposal for agency action is not covered by one of the 
typical classes of action above; or
    (2) For actions which are covered, the presence of extraordinary 
circumstances indicates that some other level of environmental review 
may be appropriate.



Sec. 530.4  Environmental information.

    Interested persons may contact the Office of the General Counsel for 
information regarding the Commission's compliance with NEPA.



PART 540_INFORMATION SECURITY--Table of Contents



Sec.
540.1 Policy.
540.2 Program.
540.3 Procedures.

    Authority: Executive Order 12356.



Sec. 540.1  Policy.

    It is the policy of the Marine Mammal Commission to act in 
accordance with Executive Order 12356 in matters relating to national 
security information.

[44 FR 55381, Sept. 26, 1979]

[[Page 1219]]



Sec. 540.2  Program.

    The Executive Director is designated as the Commission's official 
responsible for implementation and oversight of information security 
programs and procedures. He acts as the recipient of questions, 
suggestions, and complaints regarding all elements of this program, and 
is solely responsible for changes to it and for insuring that it is at 
all times consistent with Executive Order 12356. The Executive Director 
also serves as the Commission's official contact for requests for 
declassification of materials submitted under the provisions of 
Executive Order 12356, regardless of the point of origin of such 
requests. He is responsible for assuring that requests submitted under 
the Freedom of Information Act are handled in accordance with that Act 
and that declassification requests submitted under the provisions of 
Executive Order 12356 are acted upon within 60 days of receipt.

[44 FR 55381, Sept. 26, 1979]



Sec. 540.3  Procedures.

    (a) Mandatory declassification review. All requests for mandatory 
review shall be handled by the Executive Director or his designee. Under 
no circumstances shall the Exective Director refuse to confirm the 
existence or non-existence of a document requested under the Freedom of 
Information Act or the mandatory review provisions of Executive Order 
12356, unless the fact of its existence or non-existence would itself be 
classified under Executive Order 12356. Requests for declassification 
shall be acted upon promptly providing that the request reasonably 
describes the information which is the subject of the request for 
declassification. In light of the fact that the Commission does not have 
original classification authority and national security information in 
its custody has been classified by another Federal agency, the Executive 
Director will refer all requests for national security information in 
its custody to the Federal agency that classified it or, if the agency 
that classified it has either ceased to exist or transferred the 
information in conjunction with a transfer of functions, to the 
appropriate federal agency exercising original classification authority 
with respect to the same subject, for review and disposition in 
accordance with Executive Order 12356 and that agency's regulations and 
guidelines.
    (b) Exceptional cases. When an employee or contractor of the 
Commission originates information that is believed to require 
classification, the Executive Director shall ensure that it is protected 
in accordance with Executive Order 12356 and shall promptly transmit it 
under appropriate safeguards to the agency with appropriate subject 
matter jurisdiction and classification authority for review and action 
in accordance with the Order and that agency's regulations and 
guidelines.
    (c) Derivative classification. Derivative classification markings 
shall be applied to information that is in substance the same as 
information that is already classified, in accordance with Executive 
Order 12356, Section 2-1, unless it is determined through inquiries made 
to the originators of the classified information or other appropriate 
persons that the paraphrasing, restating, or summarizing of the 
classified information obviates the need for its classification, in 
which case the information shall be issued as unclassified or shall be 
marked appropriately. After verifying the current level of 
classification so far as practicable, paper copies of such derivatively 
classified information shall be marked so as to indicate:
    (1) The source of the original classification;
    (2) The identity of the Commission employee originating the 
derivatively classified document;
    (3) The dates or events for declassification or review for 
declassification indicated on the classified source material; and
    (4) Any additional authorized markings appearing on the source 
material.
    (d) Handling. All classified documents shall be delivered to the 
Executive Director or his designee immediately upon receipt. All 
potential recipients of such documents shall be advised of the names of 
such designees and updated information as necessary. In the event that 
the Executive Director or his designee is not available to receive

[[Page 1220]]

such documents, they shall be turned over to the Administrative Officer 
and secured, unopened, in the combination safe located in the Commission 
offices until the Executive Director or his designee is available. Under 
no circumstances shall classified materials that cannot be delivered to 
the Executive Director or his designee be stored other than in the 
designated safe.
    (e) Reproduction. Reproduction of classified material shall take 
place only in accordance with Executive Order 12356, its implementing 
directives, and any limitations imposed by the originator. Should copies 
be made, they are subject to the same controls as the original document. 
Records showing the number and distribution of copies shall be 
maintained, where required by the Executive Order, by the Administrative 
Officer and the log stored with the original documents. These measures 
shall not restrict reproduction for the purposes of mandatory review.
    (f) Storage. All classified documents shall be stored in the 
combination safe located in the Commission's offices. The combination 
shall be changed as required by ISOO Directive No. 1, dated June 23, 
1982. The combination shall be known only to the Executive Director and 
his designees with the appropriate security clearance.
    (g) Employee education. All employees who have been granted a 
security clearance and who have occasion to handle classified materials 
shall be advised of handling, reproduction, and storage procedures and 
shall be required to review Executive Order 12356 and appropriate ISOO 
directives. This shall be effected by a memorandum to all affected 
employees at the time these procedures are implemented. New employees 
will be instructed in procedures as they enter employment with the 
Commission.
    (h) Agency terminology. The use of the terms Top Secret, Secret, and 
Confidential shall be limited to materials classified for national 
security purposes.

[44 FR 55381, Sept. 26, 1979, as amended at 47 FR 55489, Dec. 10, 1982; 
48 FR 44834, Sept. 30, 1983]



PART 550_ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN 
PROGRAMS OR ACTIVITIES CONDUCTED BY MARINE MAMMAL COMMISSION--

Table of Contents



Sec.
550.101 Purpose.
550.102 Application.
550.103 Definitions.
550.104-550.109 [Reserved]
550.110 Self-evaluation.
550.111 Notice.
550.112-550.129 [Reserved]
550.130 General prohibitions against discrimination.
550.131-550.139 [Reserved]
550.140 Employment.
550.141-550.148 [Reserved]
550.149 Program accessibility: Discrimination prohibited.
550.150 Program accessibility: Existing facilities.
550.151 Program accessibility: New construction and alterations.
550.152-550.159 [Reserved]
550.160 Communications.
550.161-550.169 [Reserved]
550.170 Compliance procedures.
550.171-550.999 [Reserved]

    Authority: 29 U.S.C. 794.

    Source: 51 FR 4579, Feb. 5, 1986, unless otherwise noted.



Sec. 550.101  Purpose.

    This part effectuates section 119 of the Rehabilitation, 
Comprehensive Services, and Developmental Disabilities Amendments of 
1978, which amended section 504 of the Rehabilitation Act of 1973 to 
prohibit discrimination on the basis of handicap in programs or 
activities conducted by Executive agencies or the United States Postal 
Service.



Sec. 550.102  Application.

    This part applies to all programs or activities conducted by the 
agency.



Sec. 550.103  Definitions.

    For purposes of this part, the term--
    Assistant Attorney General means the Assistant Attorney General, 
Civil Rights Division, United States Department of Justice.
    Auxiliary aids means services or devices that enable persons with 
impaired sensory, manual, or speaking

[[Page 1221]]

skills to have an equal opportunity to participate in, and enjoy the 
benefits of, programs or activities conducted by the agency. For 
example, auxiliary aids useful for persons with impaired vision include 
readers, Brailled materials, audio recordings, telecommunications 
devices and other similar services and devices. Auxiliary aids useful 
for persons with impaired hearing include telephone handset amplifiers, 
telephones compatible with hearing aids, telecommunication devices for 
deaf persons (TDD's), interpreters, notetakers, written materials, and 
other similar services and devices.
    Complete complaint means a written statement that contains the 
complainant's name and address and describes the agency's alleged 
discriminatory action in sufficient detail to inform the agency of the 
nature and date of the alleged violation of section 504. It shall be 
signed by the complainant or by someone authorized to do so on his or 
her behalf. Complaints filed on behalf of classes or third parties shall 
describe or identify (by name, if possible) the alleged victims of 
discrimination.
    Facility means all or any portion of buildings, structures, 
equipment, roads, walks, parking lots, rolling stock or other 
conveyances, or other real or personal property.
    Handicapped person means any person who has a physical or mental 
impairment that substantially limits one or more major life activities, 
has a record of such an impairment, or is regarded as having such an 
impairment.

As used in this definition, the phrase:
    (1) Physical or mental impairment includes--
    (i) Any physiological disorder or condition, cosmetic disfigurement, 
or anatomical loss affecting one of more of the following body systems: 
Neurological; musculoskeletal; special sense organs; respiratory, 
including speech organs; cardiovascular; reproductive; digestive; 
genitourinary; hemic and lymphatic; skin; and endocrine; or
    (ii) Any mental or psychological disorder, such as mental 
retardation, organic brain syndrome, emotional or mental illness, and 
specific learning disabilities. The term ``physical or mental 
impairment'' includes, but is not limited to, such diseases and 
conditions as orthopedic, visual, speech, and hearing impairments, 
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, 
cancer, heart disease, diabetes, mental retardation, emotional illness, 
and drug addition and alcholism.
    (2) Major life activities includes functions such as caring for 
one's self, performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, and working.
    (3) Has a record of such an impairment means has a history of, or 
has been misclassified as having, a mental or physical impairment that 
substantially limits one or more major life activities.
    (4) Is regarded as having an impairment means--
    (i) Has a physical or mental impairment that does not substantially 
limit major life activities but is treated by the agency as constituting 
such a limitation;
    (ii) Has a physical or mental impairment that substantially limits 
major life activities only as a result of the attitudes of others toward 
such impairment; or
    (iii) Has none of the impairments defined in subparagraph (1) of 
this definition but is treated by the agency as having such an 
impairment.
    Qualified handicapped person means--
    (1) With respect to any agency program or activity under which a 
person is required to perform services or to achieve a level of 
accomplishment, a handicapped person who meets the essential eligibility 
requirements and who can achieve the purpose of the program or activity 
without modifications in the program or activity that the agency can 
demonstrate would result in a fundamental alteration in its nature; or
    (2) With respect to any other program or activity, a handicapped 
person who meets the essential eligibility requirements for 
participation in, or receipt of benefits from, that program or activity.
    (3) Qualified handicapped person is defined for purposes of 
employment in 29 CFR 1613.702(f), which is made applicable to this part 
by Sec. 550.140.
    Section 504 means section 504 of the Rehabilitation Act of 1973 
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as

[[Page 1222]]

amended by the Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 
Stat. 1617), and the Rehabilitation, Comprehensive Services, and 
Developmental Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 
2955). As used in this part, section 504 applies only to programs or 
activities conducted by Executive agencies and not to federally assisted 
programs.

[51 FR 4579, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]



Sec. Sec. 550.104-550.109  [Reserved]



Sec. 550.110  Self-evaluation.

    (a) The agency shall, by April 9, 1987, evaluate its current 
policies and practices, and the effects thereof, that do not or may not 
meet the requirements of this part, and, to the extent modification of 
any such policies and practices is required, the agency shall proceed to 
make the necessary modifications.
    (b) The agency shall provide an opportunity to interested persons, 
including handicapped persons or organizations representing handicapped 
persons, to participate in the self-evaluation process by submitting 
comments (both oral and written).
    (c) The agency shall, until three years following the completion of 
the self-evaluation, maintain on file and make available for public 
inspections:
    (1) A description of areas examined and any problems identified, and
    (2) A description of any modifications made.



Sec. 550.111  Notice.

    The agency shall make available to employees, applicants, 
participants, beneficiaries, and other interested persons such 
information regarding the provisions of this part and its applicability 
to the programs or activities conducted by the agency, and make such 
information available to them in such manner as the head of the agency 
finds necessary to apprise such persons of the protections against 
discrimination assured them by section 504 and this regulation.



Sec. Sec. 550.112-550.129  [Reserved]



Sec. 550.130  General prohibitions against discrimination.

    (a) No qualified handicapped person shall, on the basis of handicap, 
be excluded from participation in, be denied the benefits of, or 
otherwise be subjected to discrimination under any program or activity 
conducted by the agency.
    (b)(1) The agency, in providing any aid, benefit, or service, may 
not, directly or through contractual, licensing, or other arrangements, 
on the basis of handicap--
    (i) Deny a qualified handicapped person the opportunity to 
participate in or benefit from the aid, benefit, or service;
    (ii) Afford a qualfied handicapped person an opportunity to 
participate in or benefit from the aid, benefit, or service that is not 
equal to that afforded others;
    (iii) Provide a qualified handicapped person with an aid, benefit, 
or service that is not as effective in affording equal opportunity to 
obtain the same result, to gain the same benefit, or to reach the same 
level of achievement as that provided to others;
    (iv) Provide different or separate aid, benefits, or services to 
handicapped persons or to any class of handicapped persons than is 
provided to others unless such action is necessary to provide qualified 
handicapped persons with aid, benefits, or services that are as 
effective as those provided to others;
    (v) Deny a qualified handicapped person the opportunity to 
participate as a member of planning or advisory boards; or
    (vi) Otherwise limit a qualified handicapped person in the enjoyment 
of any right, privilege, advantage, or opportunity enjoyed by others 
receiving the aid, benefit, or service.
    (2) The agency may not deny a qualified handicapped person the 
opportunity to participate in programs or activities that are not 
separate or different, despite the existence of permissibly separate or 
different programs or activities.
    (3) The agency may not, directly or through contractual or other 
arrangements, utilize criteria or methods of

[[Page 1223]]

administration the purpose or effect of which would--
    (i) Subject qualified handicapped persons to discrimination on the 
basis of handicap; or
    (ii) Defeat or substantially impair accomplishment of the objectives 
of a program or activity with respect to handicapped persons.
    (4) The agency may not, in determining the site or location of a 
facility, make selections the purpose or effect of which would--
    (i) Exclude handicapped persons from, deny them the benefits of, or 
otherwise subject them to discrimination under any program or activity 
conducted by the agency; or
    (ii) Defeat or substantially impair the accomplishment of the 
objectives of a program or activity with respect to handicapped persons.
    (5) The agency, in the selection of procurement contractors, may not 
use criteria that subject qualified handicapped persons to 
discrimination on the basis of handicap.
    (c) The exclusion of nonhandicapped persons from the benefits of a 
program limited by Federal statute or Executive order to handicapped 
persons or the exclusion of a specific class of handicapped persons from 
a program limited by Federal statute or Executive order to a different 
class of handicapped persons is not prohibited by this part.
    (d) The agency shall administer programs and activities in the most 
integrated setting appropriate to the needs of qualified handicapped 
persons.



Sec. Sec. 550.131-550.139  [Reserved]



Sec. 550.140  Employment.

    No qualified handicapped person shall, on the basis of handicap, be 
subjected to discrimination in employment under any program or activity 
conducted by the agency. The definitions, requirements, and procedures 
of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613, shall apply to employment in federally conducted programs or 
activities.



Sec. Sec. 550.141-550.148  [Reserved]



Sec. 550.149  Program accessibility: Discrimination prohibited.

    Except as otherwise provided in Sec. 550.150, no qualified 
handicapped person shall, because the agency's facilities are 
inaccessible to or unusable by handicapped persons, be denied the 
benefits of, be excluded from participation in, or otherwise be 
subjected to discrimination under any program or activity conducted by 
the agency.



Sec. 550.150  Program accessibility: Existing facilities.

    (a) General. The agency shall operate each program or activity so 
that the program or activity, when viewed in its entirety, is readily 
accessible to and usable by handicapped persons. This paragraph does 
not--
    (1) Necessarily require the agency to make each of its existing 
facilities accessible to and usable by handicapped persons; or
    (2) Require the agency to take any action that it can demonstrate 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. In those 
circumstances where agency personnel believe that the proposed action 
would fundamentally alter the program or activity or would result in 
undue financial and administrative burdens, the agency has the burden of 
proving that compliance with Sec. 550.150(a) would result in such 
alteration or burdens. The decision that compliance would result in such 
alteration or burdens must be made by the agency head or his or her 
designee after considering all agency resources available for use in the 
funding and operation of the conducted program or activity, and must be 
accompanied by a written statement of the reasons for reaching that 
conclusion. If an action would result in such an alteration or such 
burdens, the agency shall take any other action that would not result in 
such an alteration or such burdens but would nevertheless ensure that 
handicapped persons receive the benefits and services of the program or 
activity.
    (b) Methods. The agency may comply with the requirements of this 
section

[[Page 1224]]

through such means as redesign of equipment, reassignment of services to 
accessible buildings, assignment of aides to beneficiaries, home visits, 
delivery of services at alternate accessible sites, alteration of 
existing facilities and construction of new facilities, use of 
accessible rolling stock, or any other methods that result in making its 
programs or activities readily accessible to and usable by handicapped 
persons. The agency is nor required to make structural changes in 
existing facilities where other methods are effective in achieving 
compliance with this section. The agency, in making alterations to 
existing buildings, shall meet accessibility requirements to the extent 
compelled by the Architectural Barriers Act of 1968, as amended (42 
U.S.C. 4151-4157), and any regulations implementing it. In choosing 
among available methods for meeting the requirements of this section, 
the agency shall give priority to those methods that offer programs and 
activities to qualified handicapped persons in the most integrated 
setting appropriate.
    (c) Time period for compliance. The agency shall comply with the 
obligations established under this section by June 6, 1986, except that 
where structural changes in facilities are undertaken, such changes 
shall be made by April 7, 1989, but in any event as expeditiously as 
possible.
    (d) Transition plan. In the event that structural changes to 
facilities will be undertaken to achieve program accessibility, the 
agency shall develop, by October 7, 1986, a transition plan setting 
forth the steps necessary to complete such changes. The agency shall 
provide an opportunity to interested persons, including handicapped 
persons or organizations representing handicapped persons, to 
participate in the development of the transition plan by submitting 
comments (both oral and written). A copy of the transition plan shall be 
made available for public inspection. The plan shall, at a minimum--
    (1) Identify physical obstacles in the agency's facilities that 
limit the accessibility of its programs or activities to handicapped 
persons;
    (2) Describe in detail the methods that will be used to make the 
facilities accessible;
    (3) Specify the schedule for taking the steps necessary to achieve 
compliance with this section and, if the time period of the transition 
plan is longer than one year, identify steps that will be taken during 
each year of the transition period; and
    (4) Indicate the official responsible for implementation of the 
plan.

[51 FR 4579, Feb. 5, 1986; 51 FR 7543, Mar. 5, 1986]



Sec. 550.151  Program accessibility: New construction and alterations.

    Each building or part of a building that is constructed or altered 
by, on behalf of, or for the use of the agency shall be designed, 
constructed, or altered so as to be readily accessible to and usable by 
handicapped persons. The definitions, requirements, and standards of the 
Architectural Barriers Act (42 U.S.C. 4151-4157), as established in 41 
CFR 101-19.600 to 101-19.607, apply to buildings covered by this 
section.



Sec. Sec. 550.152-550.159  [Reserved]



Sec. 550.160  Communications.

    (a) The agency shall take appropriate steps to ensure effective 
communication with applicants, participants, personnel of other Federal 
entities, and members of the public.
    (1) The agency shall furnish appropriate auxiliary aids where 
necessary to afford a handicapped person an equal opportunity to 
participate in, and enjoy the benefits of, a program or activity 
conducted by the agency.
    (i) In determining what type of auxiliary aid is necessary, the 
agency shall give primary consideration to the requests of the 
handicapped person.
    (ii) The agency need not provide individually prescribed devices, 
readers for personal use or study, or other devices of a personal 
nature.
    (2) Where the agency communicates with applicants and beneficiaries 
by telephone, telecommunication devices for deaf persons (TDD's) or 
equally effective telecommunication systems shall be used.
    (b) The agency shall ensure that interested persons, including 
persons

[[Page 1225]]

with impaired vision or hearing, can obtain information as to the 
existence and location of accessible services, activities, and 
facilities.
    (c) The agency shall provide signage at a primary entrance to each 
of its inaccessible facilities, directing users to a location at which 
they can obtain information about accessible facilities. The 
international symbol for accessibility shall be used at each primary 
entrance of an accessible facility.
    (d) This section does not require the agency to take any action that 
it can demonstrate would result in a fundamental alteration in the 
nature of a program or activity or in undue financial and administrative 
burdens. In those circumstances where agency personnel believe that the 
proposed action would fundamentally alter the program or activity or 
would result in undue financial and administrative burdens, the agency 
has the burden of proving that compliance with Sec. 550.160 would 
result in such alteration or burdens. The decision that compliance would 
result in such alteration or burdens must be made by the agency head or 
his or her designee after considering all agency resources available for 
use in the funding and operation of the conducted program or activity, 
and must be accompanied by a written statement of the reasons for 
reaching that conclusion. If an action required to comply with this 
section would result in such an alteration or such burdens, the agency 
shall take any other action that would not result in such an alteration 
or such burdens but would nevertheless ensure that, to the maximum 
extent possible, handicapped persons receive the benefits and services 
of the program or activity.



Sec. Sec. 550.161-550.169  [Reserved]



Sec. 550.170  Compliance procedures.

    (a) Except as provided in paragraph (b) of this section, this 
section applies to all allegations of discrimination on the basis of 
handicap in programs or activities conducted by the agency.
    (b) The agency shall process complaints alleging violations of 
section 504 with respect to employment according to the procedures 
established by the Equal Employment Opportunity Commission in 29 CFR 
part 1613 pursuant to section 501 of the Rehabilitation Act of 1973 (29 
U.S.C. 791).
    (c) The General Counsel for the Commission shall be responsible for 
coordinating implementation of this section. Complaints may be sent to 
the General Counsel for the Commission, Marine Mammal Commission, Room 
307, 1625-I Street, NW., Washington, DC 20006.
    (d) The agency shall accept and investigate all complete complaints 
for which it has jurisdiction. All complete complaints must be filed 
within 180 days of the alleged act of discrimination. The agency may 
extend this time period for good cause.
    (e) If the agency receives a complaint over which it does not have 
jurisdiction, it shall promptly notify the complainant and shall make 
reasonable efforts to refer the complaint to the appropriate government 
entity.
    (f) The agency shall notify the Architectural and Transportation 
Barriers Compliance Board upon receipt of any complaint alleging that a 
building or facility that is subject to the Architectural Barriers Act 
of 1968, as amended (42 U.S.C. 4151-4157), or section 502 of the 
Rehabilitation Act of 1973, as amended (29 U.S.C. 792), is not readily 
accessible to and usable by handicapped persons.
    (g) Within 180 days of the receipt of a complete complaint for which 
it has jurisdiction, the agency shall notify the complainant of the 
results of the investigation in a letter containing--
    (1) Findings of fact and conclusions of law;
    (2) A description of a remedy for each violation found;
    (3) A notice of the right to appeal.
    (h) Appeals of the findings of fact and conclusions of law or 
remedies must be filed by the complainant within 90 days of receipt from 
the agency of the letter required by Sec. 550.170(g). The agency may 
extend this time for good cause.
    (i) Timely appeals shall be accepted and processed by the head of 
the agency.
    (j) The head of the agency shall notify the complainant of the 
results of the appeal within 60 days of the receipt of the request. If 
the head of the agency determines that additional information is needed 
from the complainant,

[[Page 1226]]

he or she shall have 60 days from the date of receipt of the additional 
information to make his or her determination on the appeal.
    (k) The time limits cited in paragraphs (g) and (j) of this section 
may be extended with the permission of the Assistant Attorney General.
    (l) The agency may delegate its authority for conducting complaint 
investigations to other Federal agencies, except that the authority for 
making the final determination may not be delegated to another agency.

[51 FR 4579, Feb. 5, 1986, as amended at 51 FR 4579, Feb. 5, 1986]



Sec. Sec. 550.171-550.999  [Reserved]



PART 560_IMPLEMENTATION OF THE GOVERNMENT IN THE SUNSHINE ACT--
Table of Contents



Sec.
560.1 Purpose and scope.
560.2 Definitions.
560.3 Open meetings.
560.4 Notice of meetings.
560.5 Closed meetings.
560.6 Procedures for closing meetings.
560.7 Recordkeeping requirements.
560.8 Public availability of records.

    Authority: 5 U.S.C. 552b(g).

    Source: 50 FR 2571, Jan. 17, 1985, unless otherwise noted.



Sec. 560.1  Purpose and scope.

    This part contains the regulations of the Marine Mammal Commission 
implementing the Government in the Sunshine Act (5 U.S.C. 552b). 
Consistent with the Act, it is the policy of the Marine Mammal 
Commission that the public is entitled to the fullest practicable 
information regarding its decision making processes. The provisions of 
this part set forth the basic responsibilities of the Commission with 
regard to this policy and offer guidance to members of the public who 
wish to exercise the rights established by the Act. These regulations 
also fulfill the requirement of 5 U.S.C. 552b(g) that each agency 
subject to the Act promulgate regulations to implement the open meeting 
requirements of subsections (b) through (f) of section 552b.



Sec. 560.2  Definitions.

    For purposes of this part, the term--
    Administrative Officer means the Administrative Officer of the 
Marine Mammal Commission.
    Commission means the Marine Mammal Commission, a collegial body 
established under 16 U.S.C. 1401 that functions as a unit and is 
composed of three individual members, each of whom is appointed by the 
President, by and with the advice and consent of the Senate.
    Commissioner means an individual who is a member of the Marine 
Mammal Commission.
    Executive Director means the Executive Director of the Marine Mammal 
Commission.
    General Counsel means the General Counsel of the Marine Mammal 
Commission.
    Meeting means the deliberations of at least a majority of the 
members of the Commission where such deliberations determine or result 
in the joint conduct or disposition of official Commission business, but 
does not include an individual Commissioner's consideration of official 
Commission business circulated in writing for disposition either by 
notation or by separate, sequential consideration, and deliberations on 
whether to:
    (1) Hold a meeting with less than 7 days notice, as provided in 
Sec. 560.4(d) of this part;
    (2) Change the subject matter of a publicly announced meeting or the 
determination of the Commission to open or close a meeting or portions 
thereof to public observation, as provided in Sec. 560.4(e) of this 
part;
    (3) Change the time or place of an announced meeting, as provided in 
Sec. 560.4(f) of this part;
    (4) Close a meeting or portions of a meeting, as provided in Sec. 
560.5 of this part; or
    (5) Withhold from disclosure information pertaining to a meeting or 
portions of a meeting, as provided in Sec. 560.5 of this part.
    Public observation means attendance by one or more members of the 
public at a meeting of the Commission, but does not include 
participation in the meeting.

[[Page 1227]]

    Public participation means the presentation or discussion of 
information, raising of questions, or other manner of involvement in a 
meeting of the Commission by one or more members of the public in a 
manner that contributes to the disposition of Commission business.



Sec. 560.3  Open meetings.

    (a) Except as otherwise provided in this part, every portion of 
every meeting of the Commission shall be open to public observation.
    (b) Meetings of the Commission, or portions thereof, shall be open 
to public participation only when an announcement to that effect is 
issued under Sec. 560.4(b)(4) of this part. Public participation shall 
be conducted in an orderly, nondisruptive manner and in accordance with 
such procedures as the chairperson of the meeting may establish. Public 
participation may be terminated at any time for any reason.
    (c) When holding open meetings, the Commission shall make a diligent 
effort to provide ample space, sufficient visibility, and adequate 
acoustics to accommodate the public attendance anticipated for the 
meeting.
    (d) Members of the public may record open meetings of the Commission 
by means of any mechanical or electronic device, unless the chairperson 
of the meeting determines that such recording would disrupt the orderly 
conduct of the meeting.



Sec. 560.4  Notice of meetings.

    (a) Except as otherwise provided in this section, the Commission 
shall make a public announcement at least 7 days prior to a meeting.
    (b) The public announcement shall include:
    (1) The time and place of the meeting;
    (2) The subject matter of the meeting;
    (3) Whether the meeting is to be open, closed, or portions thereof 
closed;
    (4) Whether public participation will be allowed; and
    (5) The name and telephone number of the person who will respond to 
requests for information about the meeting.
    (c) The public announcement requirement shall be implemented by:
    (1) Submitting the announcement for publication in the Federal 
Register;
    (2) Distributing the announcement to affected governmental entities;
    (3) Mailing the announcement to persons and organizations known to 
have an interest in the subject matter of the meeting; and
    (4) Other means that the Executive Director deems appropriate to 
inform interested parties.
    (d) A meeting may be held with less than 7 days notice if a majority 
of the members of the Commission determine by recorded vote that the 
business of the Commission so requires. The Commission shall make a 
public announcement to this effect at the earliest practicable time. The 
announcement shall include the information required by paragraph (b) of 
this section and shall be issued in accordance with those procedures set 
forth in paragraph (c) of this section that are practicable given the 
available period of time.
    (e) The subject matter of an announced meeting, or the determination 
of the Commission to open or close a meeting or portions thereof to 
public observation, may be changed if a majority of the members of the 
Commission determine by recorded vote that Commission business so 
requires and that no earlier announcement of the change was possible. 
The Commission shall make a public announcement of the changes made and 
the vote of each member on each change at the earliest practicable time. 
The announcement shall be issued in accordance with those procedures set 
forth in paragraph (c) of this section that are practicable given the 
available period of time.
    (f) The time or place of an announced meeting may be changed only if 
a public announcement of the change is made at the earliest practicable 
time. The announcement shall be issued in accordance with those 
procedures set forth in paragraph (c) of this section that are 
practicable given the available period of time.



Sec. 560.5  Closed meetings.

    (a) A meeting or portions thereof may be closed, and information 
pertaining to such meeting or portions

[[Page 1228]]

thereof may be withheld from the public, only if the Commission 
determines that such meeting or portions thereof, or the disclosure of 
such information, is likely to:
    (1) Disclose matters that are (i) specifically authorized under 
criteria established by an Executive order to be kept secret in the 
interest of national defense or foreign policy and (ii) in fact properly 
classified pursuant to that Executive order;
    (2) Relate solely to the internal personnel rules and practices of 
the Commission;
    (3) Disclose matters specifically exempted from disclosure by 
statute (other than the Freedom of Information Act, 5 U.S.C. 552), 
provided that the statute:
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Disclose the trade secrets and commercial or financial 
information obtained from a person and privileged or confidential;
    (5) Involve either accusing any person of a crime or formally 
censuring any person;
    (6) Disclose information of a personal nature, if disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (7) Disclose either investigatory records compiled for law 
enforcement purposes or information which if written would be contained 
in such records, but only to the extent that the production of the 
records or information would:
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to either a fair trial or an 
impartial ajudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source or sources and, 
in the case of a record compiled either by a criminal law enforcement 
authority in the course of a criminal investigation or by an agency 
conducting a lawful national security intelligence investigation, 
confidential information furnished only by the confidential source or 
sources,
    (v) Disclose investigative techniques and procedures, or
    (vi) Endanger the life or physical safety of law enforcement 
personnel;
    (8) Disclose information contained in or related to examination, 
operating, or condition reports prepared by, on behalf of, or for the 
use of an agency responsible for the regulation or supervision of 
financial institutions;
    (9) Disclose information the premature disclosure of which would be 
likely to significantly frustrate implementation of a proposed action of 
the Commission. This exception shall not apply in any instance where the 
Commission has already disclosed to the public the content or nature of 
the proposed action or where the Commission is required by law to make 
such disclosure on its own initiative prior to taking final action on 
the proposal; or
    (10) Specifically concern the issuance of a subpoena by the 
Commission, or the participation of the Commission in a civil action or 
proceeding, an action in a foreign court or international tribunal, or 
an arbitration, or the initiation, conduct, or disposition by the 
Commission of a particular case of formal adjudication pursuant to the 
procedures in 5 U.S.C. 554 or otherwise involving a determination on the 
record after opportunity for a hearing.
    (b) Before a meeting or portions thereof may be closed to public 
observation, the Commission shall determine, notwithstanding the 
exemptions set forth in paragraph (a) of this section, whether or not 
the public interest requires that the meeting or portions thereof be 
open. The Commission may open a meeting or portions thereof that could 
be closed under paragraph (a) of this section if the Commission finds it 
to be in the public interest to do so.



Sec. 560.6  Procedures for closing meetings.

    (a) A meeting or portions thereof may be closed and information 
pertaining to such meeting or portions thereof may be withheld under 
Sec. 560.5 of this part only when a majority of the members of the 
Commission vote to take such action.

[[Page 1229]]

    (b) A separate vote of the members of the Commission shall be taken 
with respect to each meeting or portion thereof proposed to be closed 
and with respect to information which is proposed to be withheld. A 
single vote may be taken with respect to a series of meetings or 
portions thereof which are proposed to be closed, so long as each 
meeting or portion thereof in such series involves the same particular 
matter and is scheduled to be held no more than thirty days after the 
initial meeting in such series. The vote of each participating 
Commission member shall be recorded, and no proxies shall be allowed.
    (c) A person whose interests may be directly affected by a portion 
of a meeting may request in writing that the Commission close that 
portion of the meeting for any of the reasons referred to in Sec. 
560.5(a) (5), (6) or (7) of this part. Upon the request of a 
Commissioner, a recorded vote shall be taken whether to close such 
meeting or a portion thereof.
    (d) Before the Commission may hold a meeting that is closed, in 
whole or part, a certification shall be obtained from the General 
Counsel that, in his or her opinion, the meeting may properly be closed. 
The certification shall be in writing and shall state each applicable 
exemptive provision from Sec. 560.5(a) of this part.
    (e) Within one day of a vote taken pursuant to this section, the 
Commission shall make publicly available a written copy of such vote 
reflecting the vote of each Commissioner.
    (f) In the case of the closure of a meeting or portions thereof, the 
Commission shall make publicly available within one day of the vote on 
such action a full written explanation of the reasons for the closing 
together with a list of all persons expected to attend the meeting and 
their affiliation.



Sec. 560.7  Recordkeeping requirements.

    (a) Except as otherwise provided in this section, the Commission 
shall maintain either a complete transcript or electronic recording of 
the proceedings of each meeting, whether opened or closed.
    (b) In the case of either a meeting or portions of a meeting closed 
to the public pursuant to Sec. 560.5(a) (8) or (10) of this part, the 
Commission shall maintain a complete transcript, an electronic 
recording, or a set of minutes of the proceedings. If minutes are 
maintained, they shall fully and clearly describe all matters discussed 
and shall provide a full and accurate summary of any actions taken and 
the reasons for which such actions were taken, including a description 
of the views expressed on any item and a record reflecting the vote of 
each Commissioner. All documents considered in connection with any 
action shall be identified in the minutes.
    (c) The transcript, electronic recording, or copy of the minutes 
shall disclose the identity of each speaker.
    (d) The Commission shall maintain a complete verbatim copy of the 
transcript, a complete electronic recording, or a complete copy of the 
minutes of the proceedings of each meeting for at least two years, or 
for one year after the conclusion of any Commission proceeding with 
respect to which the meeting was held, whichever occurs later.



Sec. 560.8  Public availability of records.

    (a) The Commission shall make available to the public the 
transcript, electronic recording, or minutes of a meeting, except for 
items of discussion or testimony that relate to matters the Commission 
has determined to contain information which may be withheld under Sec. 
560.5 of this part.
    (b) The transcript, electronic recordings or minutes of a meeting 
shall be made available for public review as soon as practicable after 
each meeting at the Marine Mammal Commission, 1625 I Street NW., 
Washington, DC 20006.
    (c) Copies of the transcript, a transcription of the electronic 
recording, or the minutes of a meeting shall be furnished at cost to any 
person upon written request. Written requests should be addressed to the 
Administrative Officer, Marine Mammal Commission, 1625 I Street NW., 
Washington, DC 20006.

[[Page 1231]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 1233]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2011)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--500)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300-- 
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Housing and Urban Development (Parts 2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)

[[Page 1234]]

       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--99)
        II  Recovery Accountability and Transparency Board (Parts 
                200--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600-- 3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Parts 4300--
                4399)

[[Page 1235]]

     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 8700--8799)
    LXXXII  Special Inspector General for Iraq Reconstruction 
                (Parts 9200--9299)

[[Page 1236]]

     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)

[[Page 1237]]

     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)
         L  Rural Business-Cooperative Service, Rurual Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)

[[Page 1238]]

       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)

[[Page 1239]]

       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

[[Page 1240]]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599)

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

[[Page 1241]]

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)

[[Page 1242]]

        II  Office of Assistant Secretary for Housing-Federal 
                HousingCommissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)

[[Page 1243]]

        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)

[[Page 1244]]

      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Ocean Energy Management, Regulation, and 
                Enforcement, Department of the Interior (Parts 
                200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Departmnent of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)

[[Page 1245]]

       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvmeent, 
                Department of Education [Reserved]
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 1246]]

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)
        II  Armed Forces Retirement Home

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)

[[Page 1247]]

        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--499)

[[Page 1248]]

         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899) 
                [Reserved]
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)

[[Page 1249]]

       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Health and Human Services (Parts 300--399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)

[[Page 1250]]

        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)

[[Page 1251]]

         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR

[[Page 1253]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2011)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Administrative Conference of the United States    1, III
Advanced Research Projects Agency                 32, I
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department                            2, IV; 5, LXXIII
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture.     7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII, L
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV, L
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII, L
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 1254]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Bureau of Ocean Energy Management, Regulation,    30, II
     and Enforcement
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Court Services and Offender Supervision Agency    5, LXX
     for the District of Columbia
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Office                                  37, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense Contract Audit Agency                     32, I

[[Page 1255]]

Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Human Resources Management and Labor Relations  5, XCIX
       Systems
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V

[[Page 1256]]

  Management and Budget, Office of                5, III, LXXVII; 14, VI; 
                                                  48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV

[[Page 1257]]

Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A,
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV

[[Page 1258]]

Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Bureau of Ocean Energy Management, Regulation,  30, II
       and Enforcement
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                2, XXVII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Employee Benefits Security Administration       29, XXV

[[Page 1259]]

  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Office of Workers' Compensation Programs        20, VII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
  Copyright Royalty Board                         37, III
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Food and Agriculture.       7, XXXIV
National Institute of Standards and Technology    15, II
National Intelligence, Office of Director of      32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI

[[Page 1260]]

National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III, IV
     Administration
National Transportation Safety Board              49, VIII
Natural Resources Conservation Service            7, VI
Natural Resource Revenue, Office of               30, XII
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Office of Workers' Compensation Programs          20, VII
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Human Resources Management and Labor Relations  5, XCIX
       Systems, Department of Defense
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Recovery Accountability and Transparency Board    4, II
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L

[[Page 1261]]

Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
Special Inspector General for Iraq                5, LXXXVII
     Reconstruction
State Department                                  2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Saint Lawrence Seaway Development Corporation   33, IV
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V

[[Page 1262]]

Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 1263]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that were 
made by documents published in the Federal Register since January 1, 
2001, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

50 CFR
                                                                   66 FR
                                                                    Page
Chapter II
216 Harvest estimates..............................................33209
216.151--216.157 (Subpart N) Correctly removed; CFR correction.....22133
    Added..........................................................22466
216.170--216.178 (Subpart P) Added; eff. 9-17-01 through 9-17-06 
                                                                   43458
222 Temporary regulations............................15045, 28842, 33489
    Fishing restrictions...........................................65658
223 Temporary regulations............................15045, 28842, 33489
    Exemption......................................................37599
    Policy statement...............................................59749
    Fishing restrictions...........................................65658
223.206 (d)(2)(iv)(B) amended.......................................1603
    (d)(6) added; interim..........................................44551
    (d)(7) added; interim..........................................50354
    (d)(2)(ii)(A)(3) corrected.....................................52362
    (d)(1) revised.................................................67496
223.207 (c) introductory text revised...............................1603
    (a)(7)(ii)(B) revised; interim.................................24288
223 Figure 16 added; interim.......................................24289
224 Policy statement...............................................59749
224.101 (d) added..................................................29055
224.103 (b) and (c) redesignated as (c) and (d); (b) added.........29509
224.104 Heading and (c) revised; interim...........................44552
    (d) added......................................................67496
229 Temporary regulations...................................15045, 27042
    Regulation at 66 FR 27042 eff. date corrected..................29213
    Fisheries List.................................................42780
229.2 Regulation at 65 FR 80377 eff. date delayed...................5489
229.3 Regulation at 65 FR 80377 eff. date delayed...................5489
229.32 Regulation at 65 FR 80377 eff. date delayed..................5489
229.34 (a)(2) revised...............................................2338
230 Quotas...........................................14862, 52712, 64378
Chapter III
300 Fishery management measures.............................15801, 18409
    Policy statement...............................................46740
    Quotas..................................................53735, 58073
    Fishing restrictions...........................................56038
300.22 Heading revised; existing text designated as (a); (b) 
        added; eff. 10-29-01.......................................49320
300.28 (h) through (l) added; eff. 10-29-01........................49320
300.29 (e) added; eff. 10-29-01....................................49320
300.63 (e) corrected................................................8373
    (d)(1)(i) amended..............................................36208
    (a)(3) and (4) redesignated as (a)(4) and (5); new (a)(3) 
added..............................................................42156
300.60--300.65 9 (Subpart E) Figure 1 amended......................36208

                                  2002

50 CFR
                                                                   67 FR
                                                                    Page
Chapter II
216.125 (b)(1) revised..............................................2824

[[Page 1264]]

216.132 Revised....................................................70180
216.134 Removed....................................................70181
216.135 (i) removed................................................70181
216.136 (a) revised................................................70181
216.141--216.147 (Subpart M) Added.................................49874
216.180--216.191 (Subpart Q) Added.................................46785
222 Temporary regulations...................................20054, 21585
    Fishing restrictions....................................34622, 37723
    Fishery management measures.............................67793, 67795
222.102 Amended; interim...........................................13101
    Amended; interim........................................41203, 71899
222.305 (a)(1) revised; (a)(3) added; eff. 10-15-02................57973
223 Regulation at 64 FR 55864 confirmed............................18833
    Temporary regulations...................................20054, 21585
    Fishing restrictions....................................34622, 37723
    Authority citation revised.....................................41203
    Fishery management measures.............................67793, 67795
223.203 (a), (b)(1) and (c) revised; introductory text, (b)(14) 
        through (22) and Appendix A added...........................1129
    Corrected...............................................68725, 70809
223.205 (b)(14) and (15) revised; (b)(16) added; interim...........41203
223.206 (d) introductory text suspended; (d)(8) and (e) added; 
        interim....................................................13101
    Regulation at 64 FR 55863 confirmed............................18833
    (d)(2)(v) added; interim; OMB number pending...................41203
    (d)(7) revised.................................................56934
    (d) introductory text revised; (d)(8) added....................71899
    (d)(6) revised; interim........................................78392
    Comment period extended........................................78392
224.101 (a) revised................................................21598
229 Fishing restrictions....................................20699, 44092
    Fishery management measures......................71900, 75817, 79536
229.2 Amended.................................................1141, 1313
229.3 (k) revised...................................................1313
    (k) revised; eff. 10-23-02.....................................59477
229.32 (g)(3) added.................................................1141
    (g)(4) added; interim...........................................1159
    (c)(5)(ii)(A) introductory text heading, (2), (8)(ii), (9)(i), 
(iii), (iv), (d)(7) and (8) revised; note added.....................1313
    (d)(7)(ii) corrected...........................................15494
    (f) heading and (f)(3) revised; (f)(4) added; eff. 10-23-02....59477
    (g)(3)(iii) introductory text, (A) and (B) corrected; 
(g)(e)(iii)(C) correctly designated as (g)(3)(iii)(D); new 
(g)(3)(iii)(C) added; (g)(4) introductory text, (i)(B) and (ii) 
correctly revised..................................................65727
    Technical correction...........................................65723
230 Quotas.........................................................20055
Chapter III
300 Temporary regulations..........................................12885
    Quotas.........................................................14881
    Inseason adjustment.......................30604, 44778, 46420, 58731
    Fishery management measures.............................72110, 72394
300.17 (b)(1)(iv) revised..........................................64312

                                  2003

50 CFR
                                                                   68 FR
                                                                    Page
Chapter II
216.15 (h) added...................................................31983
216.151--216.158 (Subpart N) Added; eff. 10-2-03 through 10-2-08 
                                                                   52138
222.102 Amended..............................................8467, 17562
223 Authority citation revised.....................................69967
223.206 (d)(2)(ii)(B)(1), (iv) and (5) removed; (d)(2)(ii)(B)(2), 
        (3) and (v) redesignated as (d)(2)(ii)(B)(1), (2) and 
        (iv); (d)(2)(ii)(A)(2) and (4) revised; new 
        (d)(2)(ii)(A)(5) added......................................8467
    (d)(2)(v)(F) added; eff. 7-16-03 through 7-30-03...............41945
    (d)(6) revised.................................................69967
223.207 (a) introductory text, (3)(ii), (4) through (8), (b)(1), 
        (2), (d)(2), (3), (c)(1)(iv)(A) heading and (B) heading 
        revised; (c)(1)(iv)(A) and (B) amended......................8467
    (a) introductory text, (1), (7)(i) and (8)(i) revised; (d)(6) 
and (7) added......................................................51514
    (a)(7)(i)(B) corrected.........................................54934
223 Figures 1, 2, 11, 12a and 12b removed; Figure 12 added; Figure 
        15 revised..................................................8469
224.101 (a) amended................................................15680

[[Page 1265]]

224.104 (c) removed; (d) redesignated as (c)........................8471
226 Tables 7 through 24 removed....................................55900
226.203 Heading and introductory text revised......................17562
226.212 Removed....................................................55900
226.214 Added......................................................13454
229 Temporary regulations...................................18143, 69967
    Fisheries list.................................................41725
    Fishery management measures....................................65409
229.32 (f)(4)(iv) revised..........................................19465
    (g)(3)(iii)(B) revised; (g)(4)(i)(B)(2)(ii) added..............51200
230 Fishery management measures....................................15680
Chapter III
300 Technical correction..............................1392, 14167, 22323
    Fishery management measures.........9902, 23901, 39024, 39315, 60862
    Temporary regulations...................................48572, 67607
300.61 Amended..............................................18156, 47264
300.63 (a)(3)(ii) revised..........................................11003
    Heading and (a) introductory text revised; (b) through (e) 
removed; (a)(1) through (5) redesignated as (b)(1) through (5).....18156
300.65 Redesignated as 300.66; new 300.65 added....................18156
    (i) added......................................................47264
300.66 Redesignated from 300.65; revised...........................18156
300.60--300.65 (Subpart E) Figure 1 revised; Figures 2 through 5 
        added......................................................18161
    Regulation at 68 FR 18162 corrected............................23361
300.101 Amended....................................................23227
300.103 (h) revised................................................23227
300.107 (a), (c)(1) and (5) revised; (c)(7) removed................23228
300.111 (e) added..................................................23228
300.113 Revised....................................................23228
300.115 (s) and (t) added..........................................23229
Chapter IV
402.30--402.34 (Subpart C) Added...................................68264

                                  2004

50 CFR
                                                                   69 FR
                                                                    Page
Chapter II
Title 50 Nomenclature change.......................................18803
Chapter II
216.3 Corrected.....................................................9760
216.15 (i) added...................................................31324
216.23 (f) added...................................................17980
216.24 Revised; eff. 10-13-04......................................55297
216.47 Added.......................................................41979
216.90 Revised; eff. 10-13-04......................................55307
216.91 Revised; eff. 10-13-04......................................55307
216.92 Revised; eff. 10-13-04......................................55307
216.93 Removed; eff. 10-13-04......................................55307
    Redesignated from 216.94 and revised; eff. 10-13-04............55307
216.94 Redesignated as 216.93; eff. 10-13-04.......................55307
    Redesignated from 216.95; eff. 10-13-04........................55307
216.95 Redesignated as 216.94; eff. 10-13-04.......................55307
    Redesignated from 216.96; eff. 10-13-04........................55307
216.96 Redesignated as 216.95; eff. 10-13-04.......................55307
216.120--216.128 (Subpart K) Added; eff. through 2-6-09.............5727
222 Temporary regulations............................32898, 61155, 69826
222.102 Amended....................................................25011
223 Temporary regulations............................32898, 61155, 69826
    Authority citation revised.....................................11545
223.205 (b)(15) revised............................................25012
223.206 (d)(9) added...............................................11545
    (d)(6) removed.................................................18453
    (d)(2)(iv) removed; (d) introductory text and (2) heading 
revised; (d)(10) added.............................................25012
    (d)(1)(ii) revised.............................................40753
223.207 (d)(3)(iii) revised........................................31037
223 Figure 16 revised..............................................31037
224.103 (c)(1), (ii), (2) and (3)(i) through (v) amended...........69537
224.104 (c) revised................................................18453
229 Temporary regulations........8570, 9760, 11817, 13479, 21070, 23664, 
                                              43772, 51774, 53013, 75862
    Fisheries list.................................................48407
229.2 Amended................................................6584, 43345
Chapter III
300 Technical correction...........................................59303
    Fishery management measures...4083, 9231, 25013, 65382, 67267, 77672
    Temporary regulations...................................57653, 71731

[[Page 1266]]

300.20--300.29 (Subpart C) Authority citation revised..............67277
300.20 Revised.....................................................67277
300.21 Amended.....................................................67277
300.24 Removed; new 300.24 redesignated from 300.28; (e), (f) and 
        (g) removed; (h) through (l) redesignated as (e) through 
        (i); (b) and new (h) and (i) revised.......................67277
300.25 Removed; new 300.25 redesignated from 300.29................67277
300.26 Removed.....................................................67277
300.27 Removed.....................................................67277
300.28 Redesignated as 300.24......................................67277
300.29 Redesignated as 300.25......................................67277
300.63 (b)(3)(ii) revised..........................................24532
300.170--300.176 (Subpart L) Added.................................31535
300.180--300.189 (Subpart M) Added.................................67277
Chapter IV
402.40--402.48 (Subpart D) Added...................................47759

                                  2005

50 CFR
                                                                   70 FR
                                                                    Page
Chapter II
216.3 Amended......................................................19008
216.17 Amended.....................................................19008
216.24 (b)(4) introductory text, (6)(i), (iii), (f)(3) 
        introductory text, (ii), (iii), (4)(xi), (xiv) and (12) 
        revised; (f)(3)(iv) added..................................19008
216.93 (c)(5)(v), (e) and (f) revised..............................19009
221 Added; interim.................................................69840
222 Temporary regulations..............56593, 60013, 61911, 71406, 77054
222.102 Amended.....................................................1832
222.310 Added......................................................42509
223 Policy statement...............................................37204
    Temporary regulations..............56593, 60013, 61911, 71406, 77054
223.102 (a) revised................................................37198
223.203 (a), (b) introductory text and (2) revised; (b)(14) 
        through (22) removed.......................................37202
    (b)(1), (3) through (13) and (c) amended.......................37203
223.204 Removed; new 223.204 redesignated from 223.209.............37203
223.206 (d)(2)(iii)(B) through (E) correctly removed; CFR 
        correction.................................................17211
223.209 Redesignated as 223.204....................................37203
224 Policy statement...............................................37204
224.101 (a) revised................................................37203
    (b) amended....................................................69912
224.103 (c) amended.................................................1832
226.203 Heading and introductory text revised.......................1832
226.211 Added; eff. 1-2-06.........................................52536
226.212 Added; eff. 1-2-06.........................................52684
229 Temporary regulations..........................................2367,
6779, 20484, 25492, 43075, 44289
Chapter III
300 Fishery management measures.......................9242, 20304, 36533
    Temporary regulations............................52324, 69912, 70549
    Fishery management measures....................................73943
300.21 Amended.....................................................19010
300.22 Heading and (b) revised.....................................19010
300.63 Introductory text removed...................................16751
300.65 (c) and (h)(4) removed; (d)(4), (g)(1)(i), (2) and (3)(iii) 
        revised; (i) redesignated as new (c); new (i), (j) and (k) 
        added......................................................16751
    (g)(1)(i)(D), (3)(iii)(A) and (B) correctly revised............41160
300.66 (e) and (h) revised; (k) redesignated as (l); new (k) added
                                                                   16754
300.60--300.66 (Subpart E) Figures 1 and 4 revised.................41160

                                  2006

50 CFR
                                                                   71 FR
                                                                    Page
Chapter II
216 Fur seal harvest estimates......................................8222
216.110--216.119 (Subpart J) Added; eff. 7-4-06 to 7-3-11..........40932
216.200--216.210 (Subpart R) Added; eff. 4-6-06 through 4-6-11.....11322
216.230--216.237 (Subpart U) Added; eff. 2-27-06 through 2-28-11 
                                                                    4308
216.250--216.259 (Subpart W) Added; eff. 12-26-06 through 12-27-11
                                                                   67822
222 Temporary regulations...........................................8990
222.102 Amended.............................................36032, 50372

[[Page 1267]]

223 Temporary regulations...........................................8990
    Technical correction...........................................19241
    Authority citation revised.....................................26861
223.102 (a)(14) through (21) revised; (a)(22) added..................859
    (a) table amended..............................................17766
    Revised........................................................26861
    Table correctly revised........................................31965
    Table corrected................................................38270
223.203 (a), (b)(1) through (13) and (c) amended; (b)(2) revised 
                                                                    5180
223.205 (b)(15) revised; (b)(16) redesignated as (b)(17); new 
        (b)(16) added..............................................50372
223.206 (d)(8) revised.............................................24796
    (d)(10) revised................................................36033
    (d) introductory text revised; (d)(11) added...................50372
    (d)(11) correctly revised......................................66468
224 Temporary regulations...........................................8223
224.101 (a) table amended............................................861
226.203 Heading and introductory text revised; (a), (b) and (c) 
        redesignated as (a)(1), (2) and (3); new (a) heading and 
        (b) added..................................................38293
226.206 Added......................................................69068
229 Fisheries list............................................247, 48802
    Temporary regulations....1980, 5180, 6396, 7441, 8223, 11163, 17358, 
         17360, 26702, 28587, 66469, 66688, 66690, 70319, 70321, 75679, 
                                                                   75681
    Workshops......................................................28282
229.2 Amended......................................................24796
229.3 (r) added....................................................24796
229.35 Added.......................................................24796
Chapter III
300 Temporary regulations...................................38297, 63702
    Fishery management measures....................................76221
300.63 (b)(3) revised; (c) through (g) added.......................10863
300.65 (c)(2) correctly revised....................................38298
300.182 (d) revised................................................58163
300.185 (b)(3) and (c)(3) revised..................................58163
Chapter IV
404 Added..........................................................51135
404.4 (b)(1) corrected.............................................52874

                                  2007

50 CFR
                                                                   72 FR
                                                                    Page
Chapter II
216.180--216.191 (Subpart Q) Added; eff. through 8-15-12...........46890
222 Authority citation revised.....................................43185
222.401--222.404 (Subpart D) Added.................................43185
223.102 (c)(23) added..............................................26734
223.206 (d)(1)(ii) revised..........................................5641
    (d)(4)(iv) amended.............................................43186
224.104 (c) revised................................................31757
227 Temporary regulations...........................................5214
229 Temporary regulations...4657, 7931, 9446, 9448, 13041, 19671, 37674, 
                                                                   43186
    Fisheries list.................................................14466
    Authority citation revised.....................................34642
229.2 Amended......................................................34642
229.32 (f)(1)(i), (3), (4) and (g)(1) revised......................34642
230 Policy statement...............................................10934
270 (Subchapter H) Added...........................................18111
Chapter III
300 Fishery management measures....................................30711
300.31 Amended......................................................6149
300.32 (d) revised..................................................6151
300.34 Revised......................................................6151
300.38 (a)(4) removed; (a)(5) through (11) redesignated as (a)(4) 
        through (10); new (a)(10) revised; new (a)(11) through 
        (15) added..................................................6153
300.39 (a) revised..................................................6153
300.42 (a)(1)(i) and (b) revised....................................6154
300.45 Added........................................................6154
300.46 Added........................................................6155
300.61 Amended.....................................................30727
300.63 (e), (f) and (g) revised....................................11807
300.65 (d) through (k) redesignated as (e) through (l); new (d) 
        added......................................................30727
300.66 (m) added...................................................30728
300.100--300.117 (Subpart G) Authority citation revised............48508
300.101 Amended....................................................48508
300.106 (c) removed; (d) and (e) redesignated as (c) and (d).......48509
300.107 (a)(4), (c)(2)(i), (5)(i)(A), (C) and (iii) revised........48509
300.112 (b)(4) added...............................................48509
300.113 Redesignated as 300.114; new 300.113 added.................48510
300.114 Redesignated as 300.115; new 300.114 redesignated from 
        300.113....................................................48510
    (a)(1), (2), (b) and (i) revised...............................48511

[[Page 1268]]

300.115 Redesignated as 300.117; new 300.115 redesignated from 
        300.114....................................................48510
300.116 Redesignated as 300.118....................................48510
    Added..........................................................48511
300.117 Redesignated as 333.119; new 300.117 redesignated from 
        300.115....................................................48510
    (t) revised; (u) through (ff) added............................48512
300.118 Redesignated from 300.116..................................48510
300.119 Redesignated from 300.117..................................48510
300.172 Revised....................................................19123
300.200--300.201 (Subpart N) Added.................................18405
Chapter IV
404.11 (f)(1) correctly revised.....................................5643

                                  2008

50 CFR
                                                                   73 FR
                                                                    Page
Chapter II
216 Policy statement...............................................49616
    Technical correction...........................................53158
216.23 (f)(2)(v) revised...........................................60985
216.161--216.166 (Subpart O) Added; eff. through 7-18-13...........43136
216.211--216.219 (Subpart S) Added; eff. 7-21-08 through 7-19-13 
                                                                   34889
222 Temporary regulations.....................57010, 60638, 65277, 66803
223 Temporary regulations.....................57010, 60638, 65277, 66803
223.102 Table amended...............................................7843
    (d)(1) and (2) amended.........................................72236
223.203 (b)(2) revised..............................................7843
    (a), (b) introductory text and (2) revised; eff. 10-27-08......55455
223.205 (b)(16) and (17) redesignated as (b)(21) and (22); new 
        (b)(16 through (20) added..................................68354
223.206 (d)(11) revised............................................19000
    (d)(10)(vii) added.............................................68354
223.208 Added......................................................64276
224.101 (b) revised................................................12030
    (b) amended.............................................62930, 63907
224.105 Added......................................................60187
226.203 Heading revised; introductory text, (a) heading and (b) 
        removed; (a)(1), (2) and (3) redesignated as (a), (b) and 
        (c)........................................................19011
226.212 Heading and introductory text revised; (a)(13) and (u) 
        added.......................................................7844
226.215 Added......................................................19011
226.216 Added......................................................72236
229 Temporary regulations.......60640, 67801, 67803, 75611, 75613, 76269
    Fisheries list.................................................73032
229 Temporary regulations...........4118, 5115, 7674, 8625, 11837, 14396
229.2 Regulation at 72 FR 57180 confirmed..........................23970
    Amended; eff. 10-2-08..........................................51241
229.3 Regulation at 72 F through (r) redesignated as (m) through 
        (s); new (l) added.........................................57180
    Regulation at 72 FR 57180 confirmed............................23970
229.32 (c)(5)(ii)(B), (6)(ii)(B), (7)(ii)(C), (8)(ii)(B), 
        (9)(ii)(B), (d)(6)(ii)(D), (7)(ii)(D) and (i)(3) corrected
                                                                   19171
    Regulation at 72 FR 57180 and 57181 confirmed..................23970
    (a)(4), (c)(2)(ii)(D) and (E) revised; (c)(5)(ii)(B), 
(6)(ii)(B), (7)(ii)(C), (8)(ii)(B), (9)(ii)(B), (d)(1)(i), 
(6)(ii)(B), (7)(ii)(D) and (i)(3)(i)(B)(2)(i) amended; eff. 10-2-
08.................................................................51241
229.35 (d)(4)(ii) and (5)(i) revised...............................77533
230 Policy statement...............................................22287
Chapter III
300.5 (a)(1) and (2) added; (c)(3) and (4) revised.................67809
300.61 Amended..............................................30523, 52797
    Amended; eff. 10-24-08.........................................54939
300.63 (c)(2)(v) revised...........................................12297
300.65 (c)(1) revised..............................................30504
    (d) revised.............................................30523, 52797
    (e)(1)(ii) introductory text, (h)(1)(i), (2), (j) introductory 
text, (1)(ii), (iii), (3)(i) introductory text, (A), (B), 
(k)(3)(i) and (ii) revised; (e)(5) added; (g)(1) table amended' 
eff. 10-24-08......................................................54939
    (h)(1)(i) table and (2) table corrected........................62444
    (g)(2) tables amended..........................................72738
Chapter IV
402.02 Amended.....................................................76286
402.03 Revised.....................................................76287
402.13 Revised.....................................................76287
402.14 (a) and (b)(1) revised......................................76287

[[Page 1269]]

404.3 Amended......................................................73598
404.4 Revised......................................................73598
404 Appendix C added...............................................73599
    Appendix D added...............................................73601
    Appendix E added...............................................73603

                                  2009

50 CFR
                                                                   74 FR
                                                                    Page
Chapter II
216.3 Amended.......................................................1613
216.24 (f)(8)(i)(D)(3)(iii), (iv), (v) and (vi) redesignated as 
        (f)(8)(ii) through (v); (a)(3), (b)(4), (5), (6)(ii), 
        (iii), (c)(3)(viii), (4)(i), (f)(2), (3), (4), (10) and 
        (11) revised................................................1613
216.91 (a)(2)(i), (ii) and (4) revised..............................1617
216.92 (b)(2)(ii) and (iii) introductory text revised...............1617
216.93 (c)(5), (e) and (f)(2) revised...............................1618
216.120--216.129 (Subpart K) Added; eff. 2-7-09 through 2-7-14......6242
216.150--216.159 (Subpart N) Added.................................26587
216.170--216.179 (Subpart P) Added; eff. 1-5-09 through 1-5-14......1484
216.240--216.249 (Subpart V) Added; eff. 1-22-09 through 1-22-14 
                                                                    4876
216.270--216.279 (Subpart X) Added; eff. 1-14-09 through 1-14-14 
                                                                    3909
217 Added..........................................................35143
218 Added..........................................................28343
218.10--218.18 (Subpart B) Added...................................28365
218.20--218.28 (Subpart C) Added...................................28385
222.102 Amended; eff. 10-14-09.....................................46933
223.102 (c)(25) correctly added....................................42606
223.206 (d)(11)(i) revised; eff. 10-14-09..........................46933
    (d) introductory text revised; (d)(12) added...................53891
224.101 (d) revised.................................................1946
    (a) table amended..............................................29386
226.217 Added......................................................29333
    (b)(2)(i), (4) and (7)(ii) revised.............................39904
226.218 Added; eff. 10-2-09........................................45373
226.219 Added......................................................52345
229 Temporary regulations.....................................5621, 7824
    Fisheries list.................................................58859
229.3 (t) and (u) added............................................23357
229.36 Added.......................................................23358
Chapter III
300 Temporary regulations.............................6995, 61581, 68190
    Technical correction....................................18657, 65036
    Fishery management measures....................................65036
300.17 (b)(1)(v) revised...........................................65479
300.21 Amended...............................................1618, 61051
300.22 Heading, (a), (b) introductory text, (2), (3), (4), (5)(iv) 
        and (7) revised; (b)(5)(vi), (vii), (viii) and (8) added 
                                                                    1618
300.23 Heading revised..............................................1620
300.24 (b) and (e) through (h) amended; (j) added...................1620
    (e) revised; (k) through (n) added.............................61051
300.25 (a), (e) heading and (1) revised.............................1620
    (b) and (e)(1) revised; (f) added..............................61051
300.61 Amended.......................................11697, 21227, 57109
300.64 (i) table amended...........................................11697
300.65 (c)(2), (3) and (d) revised.................................21227
    (g) introductory text, (h)(3) introductory text, (iii) 
introductory text, (iv), (4) introductory text, (iii), (i)(2), 
(j)(3)(i)(B), (k)(3)(i)(A) introductory text and (B) revised; 
(g)(2) table amended; (g)(3) and (4) added.........................57109
300.66 (m) revised; (o), (p) and (q) added.........................21228
    (g), (j)(1) and (2) revised....................................57110
300.60--300.67 (Subpart E) Figures 2 through 5 revised; Figures 6 
        and 7 added................................................57110
300.97 (b)(1) correctly revised....................................44771
300.185 (a)(2)(vii) revised........................................66586
300.210--300.223 (Subpart O) Added.................................38554
300.211 Amended....................................................64010
300.222 Eff. in part 10-5-09.......................................38554
    (bb), (cc) and (dd) added......................................64010
300.223 Eff. in part 10-5-09.......................................38554
300.224 Added......................................................64010
Chapter IV
402.02 Amended.....................................................20422
402.03 Revised.....................................................20423
402.13 Revised.....................................................20423
402.14 (a) and (b)(1) revised......................................20423

[[Page 1270]]

                                  2010

50 CFR
                                                                   75 FR
                                                                    Page
Chapter II
218.100--218.109 (Subpart L) Added; eff. 8-3-10 through 8-3-15.....45547
218.110--218.119 (Subpart M) Added; eff. 11-9-10 through 11-9-15 
                                                                   69319
218.180--218.188 (Subpart S) Added; eff. through 1-21-15............3410
222 Determination..................................................27649
223.102 (c)(28) added..............................................13024
    (c)(26) and (27) added.........................................22289
    Table amended..................................................65248
223.206 (d)(9) introductory text revised............................2205
    (d) introductory text revised; (d)(12) removed.................21519
223.210 Added......................................................30728
223.211 Added......................................................65248
224.101 (a) table amended..........................................22290
229 Fisheries list.................................................68468
229.2 Amended.......................................................7396
229.3 (m) through (p) revised; (q) and (r) removed..................7396
229.33 Revised......................................................7396
    Regulation at 75 FR 7396 eff. date delayed in part.............12698
229.34 Revised......................................................7399
253 Revised........................................................78623
Chapter III
300 Temporary regulations...................................68725, 78929
300.14 (b)(2)(i) revised............................................3347
    Regulation at 75 FR 3347 eff. date corrected....................7361
300.31 Amended.....................................................74643
300.32 Revised.....................................................74644
300.45 (d) revised.................................................74648
300.61 Amended.......................................................599
300.63 (e), (f) and (g) revised....................................13041
300.66 (b), (i), (o) and (p) revised; (r) through (v) added; eff. 
        in part 2-1-11...............................................600
300.67 Added; eff. in part 2-1-11....................................600
    (e)(1) and (2) redesignated as (e)(5) and (6); new (e)(1) 
through (4) added; (e) introductory text and new (5) revised; eff. 
10-18-10...........................................................56909
300.101 Amended....................................................18111
300.107 (a)(4), (c)(5)(i) introductory text, (A), (iii) and (6) 
        revised; (c)(7) added......................................18112
300.111 Removed....................................................18112
300.112 (c) revised................................................18112
300.114 (d) revised................................................18112
300.116 Heading revised............................................18113
300.117 (bb)(9) revised; (gg) and (hh) added.......................18113
300.211 Amended.....................................................3347
    Regulation at 75 FR 3347 eff. date corrected....................7361
300.212 Added.......................................................3349
    Regulation at 75 FR 3349 eff. date corrected....................7361
300.213 Added.......................................................3349
    Regulation at 75 FR 3349 eff. date corrected....................7361
300.214 Added.......................................................3349
    Regulation at 75 FR 3349 eff. date corrected....................7361
300.215 (a), (c) and (d) revised....................................3350
    Regulation at 75 FR 3350 eff. date corrected....................7361
300.216 Added.......................................................3350
    Regulation at 75 FR 3350 eff. date corrected....................7361
300.217 Added.......................................................3350
    Regulation at 75 FR 3350 eff. date corrected....................7361
300.218 Added.......................................................3350
    Regulation at 75 FR 3350 eff. date corrected....................7361
300.219 Added.......................................................3351
    Regulation at 75 FR 3351 eff. date corrected....................7361
300.220 Added.......................................................3352
    Regulation at 75 FR 3352 eff. date corrected....................7361
300.221 Added.......................................................3354
    Regulation at 75 FR 3354 eff. date corrected....................7361
300.222 (a) through (u) added.......................................3355
    Regulation at 75 FR 3355 eff. date corrected....................7361
300.223 (d) applicability date.....................................27216
300.300--300.304 (Subpart P) Added; eff. 10-27-10..................59142

                                  2011

  (Regulations published from January 1, 2011, through October 1, 2011)

50 CFR
                                                                   76 FR
                                                                    Page
Chapter II
216.170 (c) introductory text, (1) introductory text and (2) 
        introductory text revised; (c)(1)(vii), (2)(ii)(H) and (d) 
        added; interim..............................................6701

[[Page 1271]]

216.171 (a) revised; interim........................................6701
216.240 (c) introductory text revised; (d) added; interim...........6701
216.241 (a) revised; interim........................................6701
216.270 (c) introductory text, (1) introductory text and (2) 
        introductory text revised; (d) added; interim...............6701
216.271 (a) revised; interim........................................6701
217.70--217.78 (Subpart H) Added; eff. 3-22-11 through 3-22-16.....16318
217.170--217.179 (Subpart R) Added; eff. 7-11-11 through 8-10-16 
                                                                   34172
    Eff. date at 76 FR 34172 corrected to 7-11-11 through 7-10-16 
                                                                   35996
217.171 Correctly revised..........................................35996
218 Technical correction...........................................27915
218.1 (c) introductory text, (1) introductory text, (i)(D), (ii) 
        introductory text and (d) revised; (e) added; interim......30554
218.10 (c) introductory text, (1) introductory text and (d) 
        revised; (e) added; interim................................30554
218.13 (a)(4)(i)(A) revised; interim...............................30554
218.30--218.38 (Subpart D) Added; eff. 2-17-11 through 2-17-16......9260
218.120--218.129 (Subpart N) Added; eff. 5-4-11 through 5-4-16.....25505
218.170--218.178 (Subpart R) Added; eff. 4-11-11 through 4-11-16 
                                                                   20274
223.102 Table amended..............................................35771
    Table amended; eff. 10-24-11...................................58951
223.203 (a) and (b) introductory text revised......................12293
224.101 (b) correctly amended......................................14300
    (a) table amended..............................................40835
    (c) revised; eff. 10-24-11.....................................58951
224.103 (e) added..................................................20890
226.220 Added......................................................20212
Chapter III
300 Authority citation revised.....................................59305
300 Fishery management measures......................................464
    Interpretation..........................................19708, 34890
300.2 Amended......................................................59305
300.11 Amended.....................................................59305
300.20--300.25 (Subpart C) Heading revised...........................287
300.21 Amended.......................................................287
300.22 (b)(1), (3), (4)(i)(A) and (ii) revised.......................287
300.61 Amended......................................................6571
300.63 (d)(1)(i), (ii) and (e) revised.............................14318
300.64 (d) revised.................................................14319
300.65 (d)(2)(iv)(B)(1), (4) and (3) removed; (d)(2)(iv)(B)(2), 
        (3) and (5) through (8) redesignated as (d)(2)(iv)(B)(1) 
        through (6); (d)(1)(i), (2)(iv) introductory text, (A), 
        (B) introductory text, new (4) and new (5) revised; 
        (d)(1)(iii) added...........................................6571
300.96 Amended.....................................................59305
300.121 Amended....................................................59305
300.128 Amended....................................................59305
300.140 Amended....................................................59305
300.141 Introductory text amended..................................59305
300.144 Amended....................................................59305
300.151 Amended....................................................59305
300.154 (b)(2) revised.............................................59305
300.155 (d)(4) amended.............................................59305
300.156 (m) amended................................................59305
300.157 Amended....................................................59305
300.200--300.207 (Subpart N) Revised................................2024
300.205 OMB number pending in part..................................2024
300.206 OMB number pending..........................................2024
300.207 OMB number pending..........................................2024


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